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REG 2019-05-06 COMPLETE AGENDA PACKET
(0 Monday, Tukwila City Council Agenda REGULAR MEETING �• A was o 9©g Allan Ekberg, Mayor Councilmembers: •:• Dennis Robertson ❖ Verna Seal David Cline, City Administrator •3 De'Sean Quinn ;• Kate Kruller Kathy Hougardy, Council President •:• Thomas McLeod •:• Zak Idan May 6, 2019; 7:00 PM • Ord #2604 • Res #1958 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. PROCLAMATIONS a. A proclamation recognizing May 15, 2019 as "Peace Officers Memorial Day." b. A proclamation recognizing May 12-18, 2019 as "Affordable Housing Week." Pg.1 Pg.3 3. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. CONSENT AGENDA a. Approval of Minutes: 4/15j19 (RegularMtg.); 4/22/19 (Special Mtg.) b. Approval of Vouchers c. Accept as complete the 2018 Commercial Business District (CBD) Sewer Rehabilitation Project (contract #18-040) with Michels Corporation; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $411,460.27). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 4/16/19.] d. Accept as complete the Andover Park East Water and Sewer Replacement Project (contract #16-111) with Titan Earthwork, LLC; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $3,887,443.57). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 4/16/19.] e. Authorize the Mayor to sign a consultant agreement with MIG for an update to the PROS (Parks, Recreation and Open Space) Plan, in an amount not to exceed $125,000.00. [Reviewed and forwarded to Consent by the Community Development and Neighborhoods Committee on 4/23/19.] Pg.5 P9.13 Pg.21 (continued...) REGULAR MEETING Monday, May 6, 2019 Page 2 5. PUBLIC HEARINGS a. A Quasi -Judicial hearing to consider an amendment to the Comprehensive Plan and Zoning Maps designation of the west half of parcel #7345600766 from Low Density Residential (LDR) to Commercial —Light Industrial (C/LI) from King County at 12677 East Marginal Way South in Tukwila. b. A Quasi -Judicial hearing to consider an amendment to the Comprehensive Plan and Zoning Maps designation for vacant parcel at 17301 Southcenter Parkway from Low Density Residential (LDR) to Tukwila Urban Center —Commercial Corridor (TUC -CC) from Brad Decker. Pg.43 Pg.107 6. UNFINISHED BUSINESS a. An ordinance rezoning certain real property located at 12677 E. Marginal Way S., Tukwila, from split zone Commercial/Light Industrial (C/LI) and Low Density Residential (LDR) to Commercial/Light Industrial only. Quasi-judicial. b. A motion to approve OR deny an amendment to the Comprehensive Plan and Zoning Maps designation for a vacant parcel at 17301 Southcenter Parkway from Low Density Residential (LDR) to Tukwila Urban Center —Commercial Corridor (TUC -CC). Quasi-judicial. c. An ordinance relating to development agreements authorized pursuant to Chapter 18.86 of the Tukwila Municipal Code; approving and authorizing the proposed Riverton Cascade Development agreement for King County tax parcel #162304960 with Homestead Community Land Trust, a non- profit corporation. Pg.43 Pg.107 Pg•139 7. NEW BUSINESS a. A resolution honoring the memory of Patti Southard and her contributions to the City of Tukwila. b. Authorize the award of a $5,000 "Tukwila, City of Opportunity Scholarship" to Sydney Brusnighan and a $5,000 "Tukwila, City of Opportunity Scholarship" to Makelle Mills. Pg.169 Pg.173 8. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report and Monthly Public Safety Plan update d. City Attorney e. Council Analyst Pg.185 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Reasonable City Clerk's Office www.tukwilawa.gov, Tukwila City Hall is ADA accessible. accommodations are available at public hearings with advance notice to the (206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This agenda is available at and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.gov) HOW TO TESTIFY When recognized by the Presiding Officer to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included an the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the fonn of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. Office of the Mayor City of Tukwila, Washington PROCLAMATION WHEREAS, the Congress of the United States has designated the week of May 12 through May 18 as National Police Week and May 15 as Peace Officers' Memorial Day; and WHEREAS, the law enforcement officer is our guardian of life and property; defender of the right to be free; leader in the war against crime; and dedicated to the preservation of life, liberty and the pursuit of happiness; and WHEREAS, our community joins with other cities and towns to honor all peace officers everywhere; as well as recognizes the service and sacrifice of U.S. law enforcement; and WHEREAS, the Tukwila Police Department will remember and honor their fallen brother and sister officers by wearing a black band over their badges on May 15; and WHEREAS, the residents of Tukwila also recognize May 15 as Peace Officers' Memorial Day, when the flag at Tukwila City Hall will be flown at half mast, In Memory of Many, in Honor of All; and NOW THEREFORE, I, Dennis Robertson, Councilmember, on behalf of Allan Ekberg, Mayor of the City of Tukwila, do hereby proclaim May 15, 2019: Peace Officers' Memorial Day in Tukwila and urge all citizens to remember those officers who gave their lives serving the public. Presented this sixth day of May, 2019. Allan berg, Mayor 2 Office of the Mayor City of Tukwila, Washington PROCLAMATION WHEREAS, all people should have access to safe, healthy, and affordable homes within communities of opportunity; and WHEREAS, studies have found that each $100 increase in median rent results in a 15% increase in homelessness in metro areas and a 39% increase in homelessness in nearby suburbs and rural areas; and WHEREAS, the combined cost burden of housing plus transportation can be substantially reduced by locating affordable housing opportunities in proximity to transit; and WHEREAS, the All Home community aims to make homelessness rare, brief, and one- time; and WHEREAS, the Association of Washington Cities determined that Human Services, Homelessness, and Affordable Housing were critical priorities for the 2019 Legislative Session; and WHEREAS, communities throughout King County are participating in local Affordable Housing Week efforts to inform the public of the critical need to preserve and/or increase affordable housing in our communities; and WHEREAS, the City of Tukwila recommits itself to ensuring that our community thrives with opportunity, and that all people in it live with dignity in safe, healthy, and affordable homes; NOW THEREFORE, I, Allan Ekberg, Mayor of the City of Tukwila, do hereby proclaim May 12 — 18, 2019 Affordable Housing Week in the City of Tukwila to raise public awareness of this serious issue. Presented this sixth day of May, 2019. Allan Ekberg, Mayo, 3 4 COUNCIL AGENDA Svrvosis Initials Meeting Date Prepared by Mayor's review council review 05/06/19 HH 4,,i, (0." ITEM INFORMATION ITEM Na 4.C. STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 05/06/19 AGENDA ITEM TITLE CBD Sanitary Sewer Rehabilitation - 2018 Construction Project Completion and Acceptance CATEGORY fl DISCUSilon Mtg Date Motion Date 05/06/19 Resolution El Ordinance Mtg Date III Bid ,ilward Mts Date 11 Public Hearing Mtg Date 11] Other Mi5 Date Mtg Mg Date SPONSOR Council Mayor Dull DDcD DFinance • Fire OTS El]Pe7R DPolice CPV ElCourt SPONSoR'S The contract with Michels Corporation of Salem OR is complete for the CBD Sanitary Sewer SUMM,\RY Rehabilitation. This project installed 3,660 lineal feet of cured -in -place pipe within the right-of-way of Andover Park West, Tukwila Parkway, Baker Boulevard, and private easements in order to rehabilitate existing sewer pipes. Construction began April 30, 2018 and was physically completed on January 15, 2019. Council is being asked to accept and finalize the contract with Michels Corporation for $411,460.27. REVIEWED BY ii C.O.W. Mtg. 0 CDN Comm 0 Finance Comm. 0 Public Safety Comm. Li Arts Comm. 0 Parks Comm. Planning Comm. COMMITTEE CHAIR: ZAK IDAN I Trans &Infrastructure DATE: 04/16/19 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $411,460.27 $539,559.90 $0.00 Fund Source: 402 SEWER (PAGE 77, 2019 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/06/19 MTG. DATE ATTACHMENTS 05/06/19 Informational Memorandum dated 04/12/19 Notice of Completion Contract No. 18-040 Minutes from the Transportation and Infrastructure Committee 04/16/19 5 6 Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFOR ATIONAL E ORANDU TO: Transportation & Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Michael Michael Ronda, PW Project Manager CC: Mayor Ekberg DATE: April 12, 2019 SUBJECT: CBD Sanitary Sewer Rehabilitation — 2018 Construction Project No. 91140203, Contract No. 18-040 Project Completion and Acceptance ISSUE Accept the construction contract as complete and authorize release of retainage. BACKGROUND The Notice to Proceed for Contract No. 18-040 with Michels Corporation of Salem, Oregon was issued on April 30, 2018, for the 2018 CBD Sanitary Sewer Rehabilitation Project. This construction project installed approximately 3,660 lineal feet of cured -in -place pipe within the right-of-way of Andover Park West, Tukwila Parkway, Baker Boulevard and private easements in order to rehabilitate existing sewer pipes. DISCUSSION Construction was physically completed on January 15, 2019. The extended time for the contract was due to a short section of failed liner that had to be removed and replaced. Two change orders were executed during the project and several sections of sewer pipe lining were deleted from the contract. FINANCIAL IMPACT The construction budget for the 2018 CBD Sewer Rehabilitation Project was $539,559.90, with a 20% contingency of $89,926.65, which was not used. Underruns were mainly due to work deleted from the contract due to various conflicts that would not allow the relining to be performed at this time. Retainage of $18,702.74 is currently being held. Construction Contract Amount (w/tax) Change Order Nos. 1 & 2 Contract Under -runs Total Contract Amount Expenses $449,633.25 7,393.09 ($45,566.07) $411,460.27 RECOMMENDATION Council is being asked to formally accept the 2018 CBD Sanitary Sewer Rehabilitation Project with Michels Corporation in the amount of $411,460.27 as complete, and authorize the release of the retainage, subject to standard claim and lien release procedures, and consider this item on the Consent Agenda at the May 6, 2019 Regular Council Meeting. ATTACHMENT Notice of Completion, Contract #18-040 W: \ PW Eng\ PROJECTS \A- SW Projects \ CBD Sewer Rehab (91140203)\2018 CBD Sewer -Relining \Construction \#.700 - Post Construction & Closeout\ Info Memo -2018 CBD Sewer Rehab Final Acceptance - 05-06-2019.doc 7 8 Date: 4/3/19 ID Original 0 Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 601061071 Name & Mailing Address of Public Agency City of Tukwila 6200 Southcenter Boulevard, Tukwila, WA 98188 UBI Number: 179 000 208 Department Use Only Assigned to: Date Assigned: lice is herebyiven relative to the completion of contract or project described below — _ Project Name CBD Sewer Rehab - 2018 Construction 91140203 Contract Number 18-040 Job Order Contracting 0 Yes 'No Description of Work Done/Include Jobsite Address(es) Install CIPP liners in several sections of sewer main within the Tukwila Urban Core. Federally funded transportation project? El Yes g No (if yes, provide Contract Bond Statement below) Contractor's Name Michels Corporation E-mail Address dphelps@rnichels.us Affidavit ID* 840882 Contractor Address 1715 16th Street SE, Salem OR, 97302 Te 920-583-3132 ephone # If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. Contract/Payment bond (valid for federally funded transportation projects) M Retainage Bond Name: Continental Casualty Company & Liberty Mutual Insurance Bond Number: 30035085/190039223 Date Contract Awarded 3/5/2018 Date Work Commenced 4/30/2018 Date Work Completed 1/15/2019 Date Work Accepted Were Subcontracters used on this project? If so, please complete Addendum A. LYes I=1 No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions ( - ) Sub -Total Amount of Sales Tax 10.0 (If various rates apply, please send a breakdown) TOTAL Comments: $ 449,633.25 $ 7,107.32 $ 82,685.78 $ 374,054.79 $ 37405.48 $ 411,460.27 NOTE: These two totals must be e Liquidated Damages $ 0.00 q Amount Disbursed $ 392,757.53 Amount Retained $ 18,702.74 ad TOTAL $ 411,460.27 Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Diane Jaber Email Address: Diane.Jaber@tukwilawa.gov Department of Revenue Public Works Section (360) 704-5650 PWC@dorma.gov Washington State Department of Labor & Industries Contract Release (855) 545-8163, option # 4 ContractRelease@LNLWA,GOV Title: Fiscal Specialist Phone Number: (206) 433-1871 x 1871 Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902-9450 publicworks@esdwa.gov REV 31 0020e (4/28/14) F215-038-000 04-2014 9 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits arc listed. Subcontractor's Name: UBI Number: (Required) Affidavid ID* Traffic Control Services 601477384 842513 For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (04/28/14) F215-038-000 04-2014 10 City^t of T U - ^ r-ifnCouncil Transportation &|nfrastrUrtnre Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes Cound|members: Zak Idan,Chair; Thomas McLeod, Kate Kru|ler (by phone) Staff: David Cline, Henry Hash, Hari Ponnekanti, Mike Ronda, Laurel Humphrey CALL TO ORDER: Committee Chair Idan called the meeting to order at 5:30 p.m. 1. PRESENTATIONS UU. B0SK0ES5AGEND& A. Project Completion: Andover Park East _ Water and Sewer Replacement Staff is seeking Council approval of contract completion and release of retainage to Titan Earthwork LLC in the amount of $3"887'443,56 for the Andover Park East VVah2r and Sewer Replacement Project. This project provided new and upgraded water and sewer lines on APE between Strander Boulevard and Tukwila Parkway. Thirteen change orders were executed, primarily due to unforeseen subsurface conditions. Afinal settlement change orderwas negotiated for significantly less than what the contractor had initially submitted. The original contract was $3'504,684.14. UNANIMOUS APPROVAL. FORWARD TO MAY 8, 2019 REGULAR CONSENT AGENDA. B. Project Completion: 2018 Central Business District Sanitary Sewer Rehabilitation Staff is seeking Council approval of contract completion and release of retainageto the Michels Corporation iDthe amount of$4II/4G0.2ThortheZOI8Central Business District Sanitary Sewer Rehabilitation Project. Thisp je[tinStaUedapproninlate|«3,66OUnealfeetofpipeVvithinthe right-of-way and private easements. The original contract was $449,633.25. Underruns were mainly due to vv0[k deleted due to various conflicts that would not a[iOvv the relining at this time. UNANIMOUS APPROVAL. FORWARD TO MAY 6,2019 REGULAR CONSENT AGENDA. C. Tukwila Infrastructure Design and Construction Standards Update Staff updated the Committee onthe effort toupdate the Tukwila Infrastructure Design and Construction Standards, which have not been revised since 2009 and are intended to ensure consistent design and construction requirements and adherence to the Comprehensive Plan. They establish rnin|nnunn criteria and specifications for both public and private construction projects and utility and street improvements. The 2019 revisions integrate WSDOT standards, inxV impact development principles, and were thoroughly reviewed by staff committee and the 'City Engineer. Chair |daDasked ifthe revised standards would addresstheissue ofinconsiyt connections with adjacent city streets aswell asutility patching. Staff noted that utility work ioperformed hythird parties outside ofthe dt—'Sinspection process. CoundinnennberKru|ier asked if the standards include a street moratorium and staff replied that they do. All agreed that Council and staff collaboration onmessaging and enforcing the [itV'sstandards will be helpful. Staff intends to review every two years and the Council will be kept informed. DISCUSSION ONLY. 11 12 COUNCIL AGENDA Syrs,ropsis MeetingDate 05/06/19 Prepared by NH Mayor's review At Council review ITEM INFORMATION ITEM No. 4.D. STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DA IE: 05/06/19 AGENDA I1EM TITLE Andover Project Park East - Water & Sewer Replacement Project Completion and Acceptance CATEGORY DZSCIOJzon Mtg Date Motion Date 05/06/19 . Resolution rj Ordinance Mtg Date 0 Bed Award Mtg Date 0 Public Hearing Mtg Date U Other Mtg Mtg Date Nits Date SPONSOR Counal 11Mayor EIHR ODCD EFinance EFire EI TS P&R 111Police 111)IF OCourt SPONSOR'S The contract with Titan Earthwork, LLC of Pacific WA is complete for the Andover Park East SUMMARY Water and Sewer Replacement Project. This project provided new and upgraded water and sewer lines on Andover Park East between Strander Boulevard and Tukwila Parkway. Construction began September 26, 2016 and was physically completed on March 15, 2018. Council is being asked to accept and finalize the contract with Titan Earthworks for $3,887,443.57. REVIEWED By 0 C.O.W. Mtg. U CDN Comm 1111 Finance Comm. Ell Public Safety Comm. Arts Comm. [1] Parks Comm. El] Planning Comm. COmmi 1'1 EE CHAIR: ZAK IDAN .0 Trans &Infrastructure DATE: 04/16/19 RECOMMENDATIONS: SPONSOR/ADMIN. Commirrkk Public Works Department Unanimous Approval; Forward to Consent Agenda COST IMPACT I FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $3,887,443.57 $4,556,089.38 $0.00 Fund Source: 401 & 402 WATER & SEWER (PAGES 66 & 84, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/06/19 MTG. DATE ATTACHMENTS 05/06/19 Informational Memorandum dated 04/12/19 Notice of Completion Contract No. 16-111 Minutes from the Transportation and Infrastructure Committee 04/16/19 1 3 14 Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFOR ATIONAL E ORANDU TO: Transportation & Infrastructure Committee FROM: Henry Hash, Public Works Director /Pk BY: Michael Ronda, PW Project Manager CC: Mayor Ekberg DATE: April 12, 2019 SUBJECT: Andover Park East - Water and Sewer Replacement Project No. 99940103 & 91440204, Contract No. 16-111 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of retainage and performance bonds. BACKGROUND The Notice to Proceed for Contract No. 16-111 with Titan Earthwork LLC, of Pacific Washington, was issued on September 26, 2016 for the Andover Park East (APE) Water and Sewer Replacement Project. This project provided new and upgraded water and sewer lines on APE between Strander Boulevard and Tukwila Parkway, in support of future development in the CBD. The project also provided new pavement and select roadway improvements. DISCUSSION Construction was physically completed on March 15, 2018. Thirteen change orders were executed. The major changes consisted of impacts to the new sewer line due to unforeseen subsurface conditions in Strander Blvd and along the frontage of Hotel Interurban, as well as increased curb, gutter and sidewalk revisions throughout the project boundary. After extended negotiations, a final settlement change order was processed for $200,000, which was significantly less than what the contractor had initially submitted. FINANCIAL IMPACT The construction budget for the APE Water and Sewer Replacement Project was $4,556,089.38 which included a 30r/o contingency of $1,051,405.24, mainly due to the high -risk nature of the work (mostly deep utilities). Underruns were due to savings in unit price items that were included in change orders and the elimination of the use of concrete sleds that were envisioned for extremely unsuitable foundation conditions. The contractor obtained a retainage bond. Expenses Construction Contract $3,504,684.14 Change Order Total 662,031.88 Net Under -runs (279,272.45) Total Contract Amount $3,887,443.57 RECOMMENDATION Council is being asked to formally accept the Andover Park East Water and Sewer Replacement Project with Titan Earthwork LLC, in the amount of $3,887,443.56 as complete and authorize the release of the retainage and performance bond, subject to standard claim and lien release procedures, and consider this item on the Consent Agenda at the May 6, 2019 Regular Council Meeting. ATTACHMENT Notice of Completion, Contract #16-111 WAPW EngIPROJECTSIA- WT Projects1APE Water Main Replacement (99940103)IConstructionVt.400 - Project Tracking1005 - Milestone Docs1(025) - Notices of Completiontinfo Memo APE Final Acceptance - 04- 16-2019.doc 15 16 Date: 3/19/19 El Original El Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 602605763 Name & Mailing Address of Public Agency City of Tukwila 6200 Southcenter Boulevard, Tukwila,WA 98188 UBI Number: 179 000 208 Department Use Only Assigned to: Date Assigned: Notice is hereby given relative to the com let on of contract or project described below _ Project Name Andover Park East Water & Sewer Replacement 99940103 Contract Number 16-111 Job Order Contracting • Yes No Description of Work Done/Include Jobsite Address(es) Water and sewer line replacement and upgrade along Andover Park East between Strander Blvd and Tukwila Parkway. Federally funded transportation project? 11] Yes g No (if yes, provide Contract Bond Statement below) Contractor's Name TITAN Earthworks LLC E-mail Address info@Titanearth.com Affidavit ID* 809250 Contractor Address 1585 Valentine Ave SE 'Fe 206-325-3004 ephone # If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. IV Retainage Bond Contract/Payment bond (valid for federally funded transportation projects) Name: Berkley Insurance Company Bond Number: 0203356/0203354 Date Contract Awarded August 1, 2016 Date Work Commenced September 26, 2016 Date Work Completed March 15, 2018 Date Work Accepted Were Subcontracters used on this project? If so, please complete Addendum A. es . No Affidavit ID* - No L&l release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions ( - ) Sub -Total Amount of Sales Tax or various rates apply, please send a breakdown) TOTAL Comments: S 3,504,684.14 $ 602,701.52 $ 464,782.86 S 3,642,602.80 244840.77 $ 3,887,443.57 Liquidated Damages $ 0.00 Amount Disbursed $ 3,887,443.57 Amount Retained $ 0.00 NOTE: These two totals must be equal TOTAL $ 3,887,443.57 The tax rate changed in the middle of the project so 9.5% tax was applied to payments made before the tax change on 4/1/17 and 10% was used for all payments after the change. The tax was applied only to the schedules that were not for Roadway. Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Diane Jaber Email Address: diane.jaber@tukwilawa.gov Department of Revenue Public Works Section (360) 704-5650 PWC@dor.wa.gov WashingInn State Department nf Labor & Industries Contract Release (855) 545-8163, option # 4 contractRelease@LNI.WA.GOV Title: Fiscal Specialist Phone Number: (206) 433-1871 x1871 Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902-9450 publieworks@esd,wa.gov REV 31 0020e (4/28/14) F215-038-000 04-2014 17 AddmodomoA: Please List all Subcontractors and Sub -tiers Below This addendumcan husubmitted inother formou. Provide known affidavits atthis time, NhL&1release will hoummmduntil all affidavits are listed. 3uhcoutruotor'oNauzo: DBlNmTibec(Reguired) AyOduyid10^ Glacier Drilling and Dewatehng 603372976 804806 Penha||Company 601258537 805490 Everson's Econo-VaoInc 601443326 702208 3DConstruction Tech Consultants 601927083 810510 T. 8on]erDirtworko. LLC 602812806 804692 C'Mnra Pipe Services (Gubtierlo Columbia) 601854873 058746 Krazan&Associates 601498409 809578 Thiele Construction 603343720 804797 Icon Materials 601006854 720844 Columbia Pumping 601247586 723582 Olson Brothers Pro Vac (Also OubtiertnColumbia) 602170975 752082/726389 Stripe Rite 601048084 805007 Ground UpRoad Construction, Inc. 002790248 744229 HighmarhConcrete Contractors 803004408 729006 Lakeside Concrete Pumping 601936653 700654 Coxooda Utility Adjusting LLC 503407046 812881 Ben'oDozer Services 601432483 804874 Julie's Construction & Striping LLC 003435676 778367 Tony Lind Paving 602813830 728241 Miles Sand & Gravel (Supplier tnHighme,W 171004760 729762 - For tax assistance mtorequest this document ioanalternate format, please call l'8OO^647-77O6.Teletype (TTY) users may use the Washington Relay Service 6ycalling 7\l. 18 [`itvCouncil 7-r3[]Sportof'o[l&|nfrasfrLJrtUre C'oD]m'fƒpe TRANSPORTATION &INFRASTRUCTURE COMMITTEE Meeting Minutes [ouOdiOnennbers Zak |d3D'Chair; Thomas McLeod, Kate KnJ|ler(by phone) Staff: David Cline, Henry Hash, Hari Ponnekanti, Mike Ronda, Laurel Humphrey CALLTOORDER: Committee Chair Idan called the meeting to order at 5:30 p.m. 1. PRESENTATIONS If. BWSVNEBSAGEND& A. Project CompletiomAndmverParkEast-WaterandSewerReplacement Staff is seeking Council approval ofcontract completion and release of retainage to Titan Earthwork LL[ in the amount of$388T'443'56 for the Andover Park East Water and Sewer Replacement Project. This project provided new and upgraded water and sewer lines on APE between Str8Ode[ Boulevard and Tukwila Parkway. Thirteen change orders were executed' priMnahiyduetOunforeseen subsurface coOditinns.Afinal settlement change order»yasnegotiated for significantly less than what the contractor had initially submitted. The original contractwas $3'504'684.14. UNANIMOUS APPROVAL. FORWARD TO MAY G, 2019 REGULAR CONSENT AGENDA. B. Project Completion: 2018 Central Business District Sanitary Sewer Rehabilitation Staff isseeking Council approval of contract completion and release of retainage to the Michels Corporation inthe amount of$4I]L4GO.2Tforthe 2Ul8Central Business District Sanitary Sewer Rehabilitation Project. This project installed approximately 3'66Olineal feet ofpipe within the right-of-way and private easements. The original contract was $449'633.25. Underruns were mainly due to work deleted due to x8hou5 conflicts that would not allow the relining at this time. UNANIMOUS APPROVAL. FORWARD TO MAY 6,3019 REGULAR CONSENT AGENDA. C. Tukwila Infrastructure Design and Construction Standards Update Staff updated the Committee on the effort to update the Tukwila Infrastructure Design and Construction Standards, which have not been revised since 2009 and are intended to ensure consistent design and construction requirements and adherence to the Comprehensive Plan. They establish nlinirnunn criteria and specifications for both public and private construction projects and utility and street improvements. The 2019 revisions integrate WSDOT standards, low impact development principles, and were thoroughly reviewed byastaff committee and the City Engineer. Chair Idan asked if the revised standardswould addressthe issue of inconsist connections with adjacent city streets 3s'well a3utility patching. Staff noted that utility work isperformed bythird parties outside ofthe city'sinspection process. [ounciinnennberKruiier asked if the standards include astreet moratorium and staff replied that they do. All agreed that Council and staff collaboration on messaging and enforcing the City's standards will be helpful. Staff intends to review every two years and the Council will be kept informed. DISCUSSION ONLY. 19 20 COUNCIL AGENDA SYNoPsIs Meeting Date 05/06/19 Prepared by RE Mayor's review Council review ITEM INFORMATION ITEM No. 4.E. Si All: SPONSOR: ROBERT EATON ORIGINAL AGENDA DA l'E 05/06/19 AGENDA I 1 EM TITLE Consultant Space Agreement Plan. with MIG to update the 6-Year Parks, Recreation, & Open Motion Date 05/06/19 El Ordinance M/s Date Award El Public Hearing AN Date CA1 I, G 0 RY U Duct/is/on El U Resolution U Bid 1. Other Mtg Date Mtg Alit Date Arts Date Meg Date SPONSOR ECounil gyor 0 FIR 0DCD EFena,ne DFtee flJS PcoR Poke flPJV 11Court SPONSOR'S Tukwila Parks & Recreation is updating the Parks, Recreation, & Open Space (PROS) Plan SUMNL \ RY as required every six years. This document serves as a guiding document for future planning of Parks & Recreation services as well as enables the city to be eligilble for grants through the Recreation Conservation Office. Staff are seeking Council authorization appraving the Mayor to sign the Consultant Agreement to complete these services. RI, VII ,V,'N,D BY . C.O.W. Mtg. 11 CDN Comm 0 Finance Comm. E Parks Comm. QUINN . Public Safety Comm. II Trans &Infrastructure Arts Comm. 0 Planning Comm. DATE: 4/23/2019 COMMIT1EE CHAIR: RECOMMENDATIONS spoNsoR/ADmiN. Commrri Parks & Recreation Department EE unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRIM AMOUNT BUDGETED APPROPRIATION REQUIRED $125,000 NTE $125,000 $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/06/19 MTG. DATE ATTACHMENTS 05/06/19 Informational Memorandum dated 4/17/ 9 Consultant Agreement with MIG Minutes from he Community Development & Neighborhoods Committee 4/23/19 mtg 21 22 City of Tukwila Al/an Ekberg, Mayor INFOR ATIONAL E ORANDU TO: Community Development and Neighborhoods FROM: Rick Still, Director Parks & Recreation BY: Robert Eaton, Parks & Recreation Manager CC: Mayor Ekberg DATE: April 17, 2019 SUBJECT: Consultant Agreement for Parks, Recreation, & Open Space Plan Update ISSUE Authorize the Mayor to sign a Consultant Agreement to conduct the City's 6-year Parks, Recreation, & Open Space Plan that is due for an update. BACKGROUND The current 2014 - 2019 Parks, Recreations, and Open Space (PROS) Plan was adopted by Ordinance Number 2207 on February 18, 2014. The RCW 35A.63.061 authorizes cities to perform comprehensive planning, including recreation, park and open space planning. This work is completed every six years by the Parks & Recreation department hiring a consultant to perform the services required to develop, and update, the PROS Plan. Staff is proposing to update the PROS Plan in 2019 for the following reasons: • The current PROS Plan was adopted in 2014 and will expire in 2020. • The PROS Plan serves as a valuable tool for future park, recreation, and open space planning. • The Plan is budgeted in the 2019-2024 Capital Improvement Program to be updated in 2019, with adoption in early 2020. • The PROS Plan serves as the Master Plan for Parks, Recreation, and Open Space. In order to continue to qualify for Federal and State Grant Funding through the Recreation and Conservation Office, this must be updated. • The PROS Plan will incorporate the recently updated and ongoing Citywide Strategic Plan and dive deeper with respect to Parks, Recreation, and Open Space. • Significant changes have occurred since the current Plan was adopted in 2014, including demographic, financial climate, service providers, and department staffing levels. The plan will help to forecast future trends and their impact on parks, recreation and equality in access to recreational opportunities for all residents. • The PROS Plan will evaluate programs, facilities, and parks to identify underserved portions of the community. • The PROS Plan will take into account the City's Strategic Plan, Walk and Roll Plan, Comprehensive Plan, and countywide planning policies and Growth Management Act. DISCUSSION A Request for Proposals (RFP) was advertised in two papers for two weeks and specifically distributed to fifteen Parks and Recreation Planning consultant firms from the Municipal Research and Services Center roster. Five proposals were received in response to the RFP. A review committee rated the five proposals based on Creative Approach, Qualifications and 23 INFORMATIONAL MEMO Page 2 Expertise, Effective Public Involvement, Experience with Implementation, Professional Presentation, and Adherence to RFP Requirements. This review narrowed the field and the top two consultants were interviewed. MIG was rated with the highest score and selected as the most qualified consultant. FINANCIAL IMPACT The budget for this plan is $125,000 (CIP Budget Book page 35, Project No. 81330101), RECOMMENDATION The Community Development and Neighborhoods Council Committee is being asked to approve the consultant agreement with MIG in the amount of $125,000 and move this item to the Consent Agenda at the May 6, 2019 Regular Meeting. ATTACHMENTS Consultant Agreement 24 Z:\Councii Agenda Items I Parks and Recreation \CDN PROS PlanIMEMO - PROS Consultant Agreement (4-17-19) - FINAL.doc City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR PLANNING, DESIGN, & COMMUNITY ENGAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and MIG, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Parks & Recreation Planning, Design, & Community Engagement services in connection with the project titled Tukwila Parks, Recreation, & Open Space Plan Update. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending March 31, 2020, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than March 31, 2020, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $125,000.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 25 5. Ownership and Use of Documents. All dVounnenta, dravvnge, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether theproject for which they one made is executed or not. The Consultant shall be permitted to retain copies, including reproducible oopkaG, ofdrawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not beresponsible for any use ofthe said docUnlents, dngwinge, specifications or other materials by the City on any project other than the project specified inthis Agreement. 6. Compliance with Laws. The Consultant nho||, in performing the services contemplated by this /\Qreernent, faithfully observe and comply with all f8de[8|. state, and local |8vvs. ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officia|s, employees and volunteers hornn|eoo from any and all dainlo, iWrY8s. damages, |000ee or suits including attorney fees, arising out of or resulting from the acto, errors or omissions of the Consultant in performance of this /\greennent, except for injuries and damages caused bythe sole negligence ofthe City. Should Q court of competent jurisdiction determine that this Agreement is subject to RCVV 4.24.115, theO, in the event of liability for damages arising out Of bodily injury to persons or dornoQes to property caused by or resulting from the concurrent n8Q|ig8MCe of the Consultant and the City, its Vfficern, officia|g, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver Of immunity under Industrial Insurance, Title 51 RC\8/, solely for the purposes of this indemnification. This waiver has been n1utU8Uy negotiated by the parties. The provisions ofthis section shall survive the expiration Ortermination ofthis Agreement. 8. Insurance. The Consultant oho|| procure and maintain for the duration of the AgreoMlmnt, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the vVo[h hereunder by the C0OsUltant, its agents, R*preneOt8tives, or employees. Consultant's nOo|ntenoOoe of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the Cit«/S recourse to any remedy available at law oFin equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. /\UtQ[DDb||e Liability inSUngOQe with a OliOirnVnl COnlbiO8d single limit for bodily injury and property MQ0gge Of $1,000.000 per accident. Automobile Liability insurance shall cVY8[ all owned, OOD-QVVOed, hired and leased vehicles, Coverage shall be written on Insurance Services Office (ISO) form CA UD 01 or a Substitute fO[rO providing eqUiY@|8Ot liability coverage. If Oecessary, the policy shall beendorsed huprovide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than G1.000.000 each occurrence, $2.000.000 general aggregate. CVnnnlerc|a| General Liability insurance shall be written on |S{] occurrence form CG DO 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The 'City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect tothe work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance |oVV9 of the State of Washington. CArevised :1-2O13 26 4. PFOf8SSiOOg| Liability with |iDlh3 no |eSS than $1.00[i[00 per claim and $1.000.000 policy ' aggregate NniL Professional Liability insurance shall be appropriate tVthe Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to oontoin, or be endorsed to contain that they shall be primary insurance with respect to the City. Any |nouranoe, ee|f-inaurance, or insurance pool coverage maintained by the City Gh@|| be excess of the Consultant's insurance and shall not becontributed orcombined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating ofnot less than A:\/||. D. Verification of Coverage. Consultant shall furnish the City with original certificates and 8 COpV of the amendatory end0rsenleOtS, including but not necessarily limited to the additional insured endnnserDeOt, evidencing the insurance requirements of the Consultant before connnnanoe[neMt of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen /15\ days ofexecution ofthis Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material b[800h of contract, upon which the City may, after giving five business days notice to the Consultant to correct the bre8ch, immediately terminate the contract or, at its discretion, procure Orrenew such insurance and pay any and all prerUiUnlS in connection therevith. with any sums S0 expended to be repaid to the City On demand' or at the sole discretion of the Ojty, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security Or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee ofthe Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that hehas not employed or retained any company or person, other than a bonmf|de employee working solely for the Conou|tont, to solicit or secure this oontraCt, and that he has not paid oragreed to pay any mJnnpony or peroon, other than o hoM2fide employee working solely for the Conou|tent. any fee. Con1nlieS|Dn, percentGge, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this YV@[T8O[. the City ShgU have the right to annul this contract without |imbi|ity, or in its discretion to deduct from the contract price or C0nsid8ratiOO, or otherwise recover, the full @MUnuMt of such fee, cnnnnnisaion, percentago, brokerage fee, gift. orcontingent fee. 11. Discrimination Prohibited. The Conau|taMt, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, C[eed, Co|o[. OgUon@| origin. 8ge. veteran etatuo, eeX, sexual or|entotion, gender identity, marital atatus, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CArevised :1-2O3 27 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised : 1-2013 28 Page 4 DATED this day of , 20 CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor Attest/Authenticated: By: Printed Name: Title: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised : 1-2013 Page 5 29 30 APPENDIX A: SCOPE OF'v%1*RK General ntons 1. City staff will be responsiblefor project management throughout the process, including: managing the overall process; providing relevant reports and documentation to MIG; reviewing all documents and providing comments; publicizing and arranging public meetings,- and scheduling/arranging workshops and public hearings. M|Gwill provide project rnanagennent support for City staff and be responsible for management of the MIG team. 2. The project budget isanestimate ofhow project cVstsarea||ocatedarnongphasesandtasksand among MIG team members. The MIG Team will not exceed the total contract amount without the express approval ofthe City. K4|Gmay reallocate costs among phases and tasks and team members 8sneeded tocarry-out the phases and tasks inScope ofWork. M|Gvvi|l notify the City of significant cost reallocations in conjunction with monthly invoicing. 3. The City will arrange, advertise, host and facilitate all public meetings, workshops, study sessions and public hearings, unless otherwise noted in the Scope of Work. The MIG Team will provide content and conduct the meetings, workshops and study sessions as noted in the Scope of Work. 4. City staff will provide a single, consolidated set of comments in electronic format on all documents. All comments will be reviewed by City staff to resolve any inconsistencies and provide clear direction. If possible, changes will be provided using track -changes or similar digital comment format. 5. The MIG Team will provide digital files of all documents and products to the City suitable for posting on the City website and for printing paper copies. The City will be responsible for the printing and distribution of paper copies of all documents, unless otherwise noted in the Work l.Project Kick-off and Foundation a.1PROJECT ���FF, TOUR, AND ENGAGEMENT STRATEGY (TAG MEETMG 1); K4|Gwill join City staff toinitiate the project, inc|uding a]6-daytour ofpark facilities, followed bythe first TAG meeting. The tour will be used to provide the team with an update on any changes, major acquisitions, and improvements since the 2014 Plan. The tour will also help our design team to begin a more detailed assessment of site conditions to be used as foundation for the capital improvement program. Atthis first TAG meeting K4|Gvvi|| review the project scope, obtain TAG perspectives on key planning and implementation needs and issues, and discuss the Community Engagement Plan. 1.2SYSTEM INVENTORY AND EVALUATION: During this task, K4|Gwill conduct adetailed assesarnentotparkassetsandtaci|itiestndocun1entand describe site conditions and potential capital improvement projects for Phase 3. This task will also include an updated park system inventory. This task assumes that the City will provide a consolidated list ofinformation Vnthe existing system for the system inventory. K4|Gwill check the Oty's inventory against GIS data to ensure that acreage numbers are consistent and accurate. We further City ofTukwila Parks, Recreation, and Open Space Plan Update | Appendix Al 31 review and analyze the City's inventory to cross-check park classification and facility counts. This product will result in an update of the inventory, linking it spatially to the GIS park data. 1.3 BACKGROUND INFORMAT�ON AND SEPA REV�EVV� After receiving relevant background information and GISdata from the City, M|Gwill conduct a review ofinformation related tothe PROS Plan, including aninitial assessment ofthe SEPAchecklist to uncover needed information for plan development, review, and adoption. As partofthis task, K4|G will outline relevant sections ofother City plans related tothe PROS Plan effort. This information will be used as a reference guide as part of the Final Plan document. The City is responsible for providing the preferred data source for the most recent available information on demographics and population to be used for the project. 1.4UPDATED PARKS AND TRAILS INVENTORY AND MAP: Based on the updated inventory confirmed by the City, MIG will develop an updated map of existing parks, trails, and recreational facilities. 1.5COMMUmTvENGAGEMENT PLAN: Based Onthe rity'spreferred approach, M|Gwill develop the Community Engagement Plan that outlines the goals, tools, and strategies to conduct a comprehensive outreach program for the process. This will ensure that we work in close coordination with planned and ongoing efforts such as the 10-Minute Walk program, to maximize effectiveness and reduce any potential for participation burnout from the public and stakeholders. During our first TAG meeting, we'll identify the best tools to use for this process based on identified underserved communities, which may include an online mapping tool, a series of pop-up events, in -person interviews, social media, and language translation. Our approach includes budget in three phases to carry -out the Engagement plan andMiG will custom tailor our engagement tools to match the preferred strategies we identify together. As part of our approach, MIG recommends working with the Community Connector program and our proposed budget includes a stipend amount to offset these costs as needed. M|Gassumes that preferred and agreed upon community engagement activities will not exceed the level of effort or expense allocated for each task related tnengagement. 1.6 PHASEsSUMMARY -STATE OF THE SYSTEM (GOALS AND POLICIES BENCHMARK)` MIG will develop a concise Word document summary of major findings from this first phase to serve asafoundation for the next phases Vfthe project. Thistaskinc|ude5onedref and one final version. Specifically, the summary will describe: • An updated progress summary nfgoals and policies from the 2014P|aD; * Changes in demographics and recreation trends, including demographic changes within Tukwila in the last 30 years, and future implications from these findings; ° A list ofrelevant plans, goals, and policies; • Existing level Vfservice standards, • Observations from the park evaluation and inventory; • Budget and operating expenses; and • Existing recreation activities, programs, and events. City ofTukwila Parks, Recreation, and Open Space Plan Update | Appendix A2 32 1,7 PHASE IpROxE[rxoAmAGGMEmrAND AoMM|ST3#TMm: MIG will hold one -hour project management calls with the City twice a month. This task includes budget for these coordination calls, aswell asroutine project rnanagennentandadniniStr8tion6or this phase. KN|GQe|�arah�* ' ' w TAG Meeting 1agenda and summary memo • Updated Park System Inventory spreadsheet (Draft and Final) * Updated Parks, Trails, and Recreational Facilities Map (Draft and Final) w Community Engagement Plan (Draft and Final) • State ofthe System Summary (Draft and Final) 2. WOitViNeeds Assessment 2.1PARK cOMnMSSICIg|MEETING ~ VISION AND GOALS: MIG will meet with the Park Commission to present the State of the System Summary and Engagement Plan and conduct an interactive discussion about the vision and goals from the 2014 Plan. The results nfthis meeting will help refine updates to park and recreation policies and provide an opportunity to coordinate on community engagement events. This is the first of eight review rneetingsK4|G will hold to discuss the plan. 3.2 COMMUNITY ENGAGEMENT PLAN /MPLEmsmTmT|om(PHASE 2)' This is the first of three tasks that includes budget tocarry out engagement activities identified in the final Community Engagement Plan. Phase 2 engagement will focus on listening and offering outreach tools that are fun, accessible, and meaningful. We expect this task to require the highest level of effort in terms of gathering needs and reaching a broad range of community members and have budgeted accordingly. For all three Community Engagement Plan implementation tasks (2.2, 3.8, and 4.7), we plan to work with the Community Connectors program to ensure we reach Tukwila's diverse community members and this task includes budget to offset costs of the program. 2.3 LEVEL OF SERVICE ANALYSIS AND COST RECOVERY MEMO: This task will evaluate Tukwila's existing park levels of service, focusing on equitable access to parks and recreation in coordination with the 10-MjnuteVVa|k program findings, aswell so comparison's to NRPA standards. This task includes a series of updated access analysis maps (up to five) showing gaps and opportunities in the current network. Based on findings from Phase 1, this task will also potential updates to cost recovery for recreation activities, programs, special events, park maintenance, and golf operations. This task includes one draft and one final version of the map series and memo. 2.4PHASE 2 SUMMARY -NEEDS ASSESSMENT: K4|Gwill develop a Needs Assessment summary that describes community needs for parks and recreation based VO results from Phase 1 documentation, Phase 2outreach, and the Park Commission Meeting, This task includes one draft and one final version. Specifically, the Needs Assessment will document the following: City ofTukwila Parks, Recreation, and Open Space Plan Update | Appendix A3 33 • A Community Needs Assessment that documents needs from community engagement events and results of relevant studies, including the senior needs assessment and 10-Minute Walk program. This will include a description of changes from the 2014 Plan, including needs for seniors, adults, young adults, and youth. This will combine relevant findings from the recent Older Adults Recreation Services Needs Assessment and include a prioritized list of strategic implementation tactics. • An update to the Park Access Analysis completed for the 2014 PROS Plan in coordination with analysis from the 10-K4inUteVVa|k Program to examine needs for equitable park access. • A Capital Improvement Needs Assessment that documents level of service needs, including quantity (park acreages, trail miles, and recreation facilities numbers), and quality (park condition and characteristics) todrive maintenance practices, capital improvements, budgeting, and decision making. This assessment will also include needs for park infrastructure improvements. 2.5 TAG 1VIEETMG 2-REV�EVJ AND PRIOMnZE KEY NEEDS: Scheduled onthe same day asthe City Council meeting, K4|(5will hold the second TAG meeting to present results of Phase 2 community engagement and discuss key findings from and any refinements tothe Needs Assessment. 2,6CITY COUNCIL UPDATE I-mEVIEW KEY NEEDS: Scheduled onthe same day asthe TAG meeting, M|Gwill provide anupdate toCity Council onplan progress, focusing on high-level findings from the Needs Assessment. This is the second of eight review meetings MIG will hold to discuss the plan. 2.7PHASE 2PROJECT MANAGEMENT AND ADMINISTRATION: MIG will hold one -hour project management calls with the City twice a month. This task includes budget for these coordination calls, aswell asroutine project managernentendadrninistrationfor this phase. M|G Deliverables • Park Commission agenda and summary memo * Phase 2 public engagement materials to be outlined in the Public Engagement Plan, including agendas, presentations, and one summary memo asneeded. Budget for this task includes e stipend for Community Connectors. ° Level ofService Analysis and Cost Recovery Memo (Draft and Final) • Needs Assessment Summary (Draft and Final) m TAG Meeting 2agenda and summary 3. Capital|nlprovement Program 3.1 DRAFT CAPITAL PROJECTS LIST, INIPLEMENTATION, AND PRIORITIES: MIG will develop recommendations for each existing site in the system, including proposed new parks and facilities. This will beaccompanied byocapital projects |istsUrnnoarizingrecomrnended improvements in a matrix. MIG will develop standardized decision -making criteria to prioritize recommendations and improvements and a process for evaluating priorities regularly. This task will include guidance for site acquisition, development, and preservation, focusing on Tukwila Urban City of Tukwila Parks, Recreation, and Open Space Plan Update | AppendixA AA 34 Center. In addition, implementation recommendations will include potential strategies toensure equitable access to parks, as well as considerations to address potential future gentrification caused hvsystem investments. This task includes one draft and one final version. 3.2 PROPOSED SYSTEM MAP: MIG will develop a draft system map showing park improvements, connections,and other projects identified in the Draft Capital Projects List. 3,3"rAG MEETING 3: CAPITAL PROJECTS AND pRIOMTIES, Atthis third meeting,K4kG will meet with the TAG 'todiscuss the Draft Capital Projects List and system map and identify any refinements and next steps needed for implementation and prioritization. 3~4CITY COUNCIL UPDATE 2-CAPITAL PROJECTS ANQpRIOR|TIES; Held on the same day as TAG Meeting 3, MIG will present draft findings from Phase 3 to the City Council and identify any refinements required before beginning Phase 4. This is the third of eight review meetings K4|(5will hold tndiscuss the plan. 3.5 DRAFT STAFF, MAINTENANCE, AND OpERAT�ONS STRATEGY: Based on existing levels and resources identified from the Phase I Summary, MIG will outline draft staffing needs, and maintenance and operations costs and service levels to match needs from the Phase 2 Summary (Community Needs). Based on the needs identified in Task 2.4,this task will provide a strategy to meet any gaps in maintenance and staffing levels of service with the demands ofongoing park operations. 3.6|nnPLEx4EmTATON FUNDING AND PHASING, MIG will develop a recommended list of funding sources in a table format to align with specific projects and investments, as well as a phasing strategy for priority projects. 3.7 PRELIMINARY URBAN CENTER CONCEPT: Based onrecommendations targeting the Urban Center, M|Gwill develop adraft conceptual illustration for park provision in the Urban Center. We completed a similar effort during Shoreline's PROS Plan update. This illustrative diagram will show how the vision and potential recommendations in the Urban Center will respond to the context of Tukwila's unique urban environment. This task includes one draft and one final version. 3.8 COMMUNITY ENGAGEMENT PLAN IMPLEMENTATION (PHASE 3)' Phase 3engagement will focus cwdocumenting, presenting, and receiving opinions onpotential projects, recommendations, and priorities. We expect this task to require less level of effort than Phase 2 and we've budgeted accordingly. As with other implementation tasks, we plan to work with the Community Connectors program to ensure we reach Tukwila's diverse community members and this task includes 'budget tooffset costs ofthe program. 3.9 PHASE 3PROJECT MANAGEMENT AND ADMINISTRATION: . M|Gwill hold one -hour project rnanageMnentcaUswiththe[itytvviceanoonth.ThistaskindVdes budget for these coordination calls, as well as routine project management and administration for this phase. MIG rables • Draft Capital Projects Ust,|mplementation,andPhohties(DraftandFinal) City of Tukwila Parks, Recreation, and Open Space Plan Update I Appendix A AS 35 • TAG Meeting 3 agenda and summary • Draft Staff, Maintenance, and Operations Strategy (Draft and Final) • Implementation Funding and Phasing table (Draft and Final) • Preliminary Urban Center Concept (Draft and Final) • Phase 3 public engagement materials to be outlined in the Public Engagement Plan, including agendas, presentations, and summary memo as needed. Budget for this task includes a stipend for Community Connectors. . _ Review and Adoption 4.1D AFT PLAN UPDATE: Building on updated deliverables in Phase 3, MIG will prepare an Administrative Draft Plan for internal review by City staff. This draft will be provided in basic Word format to facilitate edits and feedback. City staff will provide MIG with a single set of consolidated comments on the Administrative Draft Plan prior to review by the TAG (Task 4.2). 4.2 TAG MEETING 4 - DRAFT;PLAN RE IDJV. MIG will hold the fourth and final meeting with the TAG to present the Draft Plan and make any necessary refinements for the Public Draft Plan. 4.3 PU.8LiC DRAFT ivIASTER PLAN. Using comments from City staff and TAG on the first Draft, MIG will update the Public Draft plan for the City to post online. The Public Draft will present the six -year plan and goals, objectives, and implementation strategies for parks, programs, maintenance, and operations. This will include a list of priorities and tactics for quick wins, and potential short-term opportunities. This draft will be used throughout the review process to ensure that every comment is made from a consistent version of the document. The document will be delivered in PDF format sized for high -quality printing, as well as online distribution. City Staff will provide the public draft plan to Park Commission, Planning Commission, and City Council. 4.4 PUBLIC DRAFT PLAN SEPA CHECKLIST MIG assisted with SEPA compliance for the 2014 Plan and anticipates a similar level of effort to complete the initial SEPA Checklist for compliance with state requirements. 4.5• PUBLIC DRAFT PLAN REVIEW HEARINGS: In addition to the three review meetings in previous phases (2.1, 2.6, and 3.4), MIG will support up to five review hearings related to the City's official process for adoption. 4.6•FINAL PLAN AND COMPREHENSIVE PLAN UPDATE: MIG will make final changes to the Plan following public review and City Council review hearings. As part of this task, MIG will also work with the City team to update the Comprehensive Plan element in coordination with the review hearings. As part of this task, MIG will develop a reference section that outlines relevant sections of other City plans related to the PROS Plan as an appendix to the Final Plan. 4.7 COMMUNITY ENGAGEMENT PLAN IMPLEMENTATION (PHASE 4). Phase 4 engagement will focus on, presenting the Draft Plan and receiving comments for the Final Plan. We expect this task to require a similar level of effort as Phase 3 and we've budgeted City of Tukwila Parks, Recreation, and Open Space Plan Update I Appendix A A6 36 accordingly. As with other implementation tasks, we plan to work with the Community Connectors program to ensure we reach Tukwila's diverse community members and this task includes budget to offset costs of the program. 4,8 PHASE 4 PROJECT MANAGEMENT Lj EN AND AD ADMINISTRATION: TION MIG will hold one -hour project management calls with the City twice a month. This task includes budget for these coordination calls, as well as routine project management and administration for this phase. MIG will send all final digital files to the City as part of this task. MIG Deliverables • Draft Plan Update • TAG Meeting 4 agenda and summary • Public Draft Master Plan + Public Draft Plan SEPA Checklist • Final Plan and Comprehensive Plan Update • Phase 4 public engagement materials to be outlined in the Public Engagement Plan, including agendas, presentations, and summary memo as needed. Budget for this task includes a stipend for Community Connectors. • Five printed and bound hard copies of the Final Plan City of Tukwila Parks, Recreation, and Open Space Plan Update I Appendix A A7 37 38 ( project budget Kirk-clff and Found 1.1 Project Kick-off, Tour, and Engagement Strategy (TAG Meeting 1) 1.2 1 1.4 1.5 1,6 System Inventory and Evaluation Background Information and SEPA Review Updated Parks and Trails Inventory and Map Community Engagement Plan Phase 1 Summary: State of the System (Goals and Policies Benchmark) Phase 1 Project Management and Administration /s Asyrrssrneftt II 2.1 Park Commission Meeting: Vision and Goal ! 2.2 Community Engagement Plan Implementation (Phase 2) j 2.3 i-- 2.4 2.5 I 2.6 2.7 Level of Service Analysis and Cost Recovery Memo Phase 2 Summary: Needs Assessment TAG Meeting 2: Review and Prioritize Key Needs City Council Update 1: Review Key Needs Phase 2 Project Management and Administratio 3.1 Draft Capital Projects List, Implementation, and Prioritie I 3.2 Proposed System Map 1 3.3 TAG Meeting 3: Capital Projects and Priorities ( 3.4 .6 3.7 ity Council Update 2: Capital Projects and Priorities Draft Staff, Maintenance, and Operations Strategy mplementation Funding and Phasing Preliminary Urban Center Concept 3.8 3.9 ommunity Engagement Plan Implementation (Phase 3) Phase 3 Project Management and Administration Subtotal] 10 $1,320 $540- $0 1 I S75 Salo 10 51,000j-_ w $0 24 52,805 $3,120 c $800 $3,605 $3,220 l $100 50 6 $870 S0 $0 10 $1,00077j $0 SO 2 $290i SO So 10 $1,000I $o $0 4 S580 12 S1,8601 S0 $0!! S0 $440 8 $1,160 8 $�1,240�i$0 12 $1,200 4 $300 34 $0 8 $1,160 $o $o $ol 2 $150 10 2,200 40 -_.. 55,8001 20V 53,100? 10 51,3501 42 54,200, 7 S525 129 S1,320 16 $2,320 SO 8 SI,160 $880 16 $2,320 $0; 6 S870 Subtotal [ 10 $2,200 [ 62 4 Subtotal 13 S8801 6 $680 $0 SO $220 $2,860 S01 1 sOT 1 $0( 2 16 $2,480 6 $810p1 S0 6 16 S2,480 $01 SO $0 12 $1,620 16 $1,600 4 6 $9301 $0 $0 4 $150 $450 S0 S300 $290 2 $3101 l $0J S01 SO $1,160 $01 SOt $0 2 $150 $8,990 40 $6,2001 18 1 52,430I 16 1 $1,600 18 , S1,350 $290 $01 $1,160 10 $1,5501 $7,540 $3,7201 14 $I,3501 12 $0 14 SO= $540 S0 $1,8901 42 • City of Tukwila Parks, Recreation, and Open Space Plan Update I Exhibit B $1,200 $1,400 16 12 16 S1,870 1 $ 1,870 S1,290 I S2,4a0 g, $4,340 $1,310 17,175 $900 $1,020 $100 $1,290 $2,440 $4,340 $1,310 1 50 24 52 16 4 10 164 10 4 22 12 20 SO t 21 S0 4 I $300 12 54,200 4 I $300 ( 149 $7,380 s $2,000 $3,640 g S6,720 5 $2,100 I $600 S600 $1,310 $22,770 -.w_.. $2,700I $1,120 ; S9,380 1 $3,640 $6,720 } $2,700 _,..�. $600 5I,310 7 $25,470 53,860 $3,860 1 $1,980 s $1,980 1 i $1,750 € $800 . $2,550 1 1 S730 $730 1 S3,590 11 S3,590_ $1,760 ; $1,760 i $2,180 S3,200 I $1,200 51,J60 $20,510 z $2,180 I S4,400 1 $1,460 1 ,000I $22,510 B1 project budget 4 Review and Adoption 1 4.2 } Draft Plan Update TAG Meeting 4: Draft Plan Review 4.3 Public Draft Master Plan 4.4 Public Draft Plan SEPA Checklist 4.5 Public Draft Plan Review Hearings 4.6 Final Plan and Comprehensive Plan Update 1. 4.7 Community Engagement Plan Implementation (Phase 4) 4.8 (Phase 4 Project Management and Administration Sabra $2,320 $1,160 $2,030 $1,160 $3,480 $1,450 $1,160 It: ,lir: MRt,tirt 8 $1,2401 8 soi 4 $6201 $1,240 $1,550 $1,080. 26 1 $2,600. _.._ $0 -- ___- $0i S0 16 $1,600 S0 6 SO S01 14 $1,400 $600 70 $150 0 8 $600 $8,720 i e 8 $1,160 I $100 36 $4, 690 2 14 $1,760 I 7 34 $4,870 1 $1,800 1 $3,070 I $500 $0 8 $1,160( S0 $0 $0 4 $300 12 81,760 96. $13,9201 30 $4,650- 8 $1,080 61 $6,200 22 S1,6501 226 $3,530 $600 $1,460 $29,260 $8,720 1 $1,260 S $4,690 I 3,0001 $1,760 1 56,670 1 $3,570 $4,130 $1,460 32,260 I City of Tukwila Parks, Recreation, and Open Space Plan Update I Exhibit B B2 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes April 23, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Verna Seal Staff: David Cline, Jack Pace, Tracy Gallaway, Robert Eaton, Laurel Humphrey Guests: Sharon Mann, Louise Strander, Dixie Stark, Karen Simmons, Planning Commission; Ron Johnston, Civil Service Commission CALL TO ORDER: Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Grant Application: 2019 King County Veterans, Seniors and Human Services Levy Staff is seeking Council approval to apply for Veterans, Seniors, and Human Services Levy funding from the King County Department of Community and Human Services. The next round of funding covers five years from September 1, 2019 - December 31, 2023 and will provide successful applicants with funds to create senior hubs and expand outreach to isolated individuals and other forms of engagement. Final inputs are being gathered from the Older Adult Recreation Needs Assessment to identify immediate priorities that VSHSL funding can address. UNANIMOUS APPROVAL. B. Consultant Agreement: Parks, Recreation and Open Space Plan Staff is seeking Council approval of an agreement with MIG in the amount of $125,000 to perform the required update of the Parks, Recreation, and Open Space (PROS) Plan. Five proposals were evaluated by a review committee, and two consultants were then interviewed. MIG was rated with the highest score and selected as the most qualified. Chair Quinn referenced the April 22 discussion on the Older Adult Recreation Needs Assessment and said the Council is going to be looking for detailed recommendations in the updated PROS Plan. UNANIMOUS APPROVAL. FORWARD TO MAY 6, 2019 REGULAR CONSENT AGENDA. C. Commission Appointments and Terms Staff presented information about processes relating to Planning Commissions, including process for reappointments, Council Vs. Mayor role, term limits, and RCW citations. It is most common in cities for the Mayor to appoint and the Council to confirm, which is supported by language in the RCW. Terms vary from 3 to 4 years, and some cities cap terms at two. While 41 42 COUNCIL AG ENDA SYNOPSIS Meeting Date 05/06/19 Prepared b Mayor' review Counexl review ITEM INFORMATION TEM No. 5.A. & 6.A. S'1' lI I S1'C?NSC R: MAX BAKER OR IC INI. A(;I,NI) \ D.'1`rl-: 05/06/19 AC,IsNI311 iI I? I TI'1"LL A Comprehensive (LDR) Way to Commercial/Light S. Plan and Zoning Industrial map change (C/LI) request from for the property Low Density at 12677 E Residential Marginal Discwssion /1 Motion g Dale 05/06/19 • Resolution 11 Ordinance ❑ Bid Ata and illigDate /1 Public Hearing E ether A1tg Date Mtg Date Al i11t Date Mtg Date 05/06/19 Mtg Date 05/06/19 SPONSOR ❑Council ay or ❑Fire ❑T.S ❑Pe "R LPolice ❑PIS ❑i ourt ❑UR ►1 DCD Finame SPONsoR'S Tukwila may amend its Comprehensive Plan/Zoning map once per year. All of the SuMMARy applications received during the previous year are assembled and heard at the same meeting. The Applicant, King County Metro, seeks to rezone the western half of a 71,440 square foot split -zoned lot located at 12677 East Marginal Way S, Tukwila, WA 98168 (the "Property") from Low Density Residential (LDR) to Commercial Light Industrial (C/LI). The Council is being asked to consider and approve the ordinance. R1:1'II Is1> BY ill C.O.W. Ivltg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm, E Planning Comm. DATE: N/A COMMITTEE CI -LAIR: RECOMMENDATIONS: SPONSOR/AD,IIIN. CoM\II1 Department of Community Development I I k Quasi -Judicial Item, no Committee COST IMPACT / FUND SOURCE I \PI,;NDI"I'L1RIa. RE`UIKt D AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/06/19 City Council Regular Meeting MTG. DATE ATTACHMENTS 05/06/19 Staff Report to City Council dated 4/30/2019 with Attachments Ordinance in Draft Form 43 44 Department mfCommunity Development -JackPace,Director Hearing Date: STAFF REPORT TOTHE CITY COUNCIL May 6,Z0I9 Mailed toproperties and residents within SOO'radius Site Posted: 1/23/2O19and 4/2/2O19 Notice published in the Seattle Times Adtan Mayor' - File Numbers: E18-0016SEPA L18-0114 Comprehensive Plan Amendment and Rezone Applicant: Project Name: Request: King County Metro King County Metro Training Facility Rezone Change Comprehensive Plan and zoning designation ofwest half ofparcel 7245600766from Low Density Residential toCommercial/Light Industrial Location: 12677 EAST MARGINAL WAY S (Tax Parcel # 7345600766) ConnprehensiveP|an/ Zoning Designation: Split Zoning: Low Density Residential (LDR)onwestern half, Commercial/Light Industrial oneastern half SEPADeternninatimm: Determination ofNon-Significance issued April 2],2O19 Staff: Max Baker Attachments: A. Site map with project propnsa|p|ans storm drainage infrastructure, and stream/buffer delineations B. Applicant's response toDecision Criteria Tukwila City Hall ~6200 Southcenter Boulevard ^Tukwila, WA 98188^206-433-1800^Website: TukwilaWA.gov ' FINDINGS Background This application is part ofthe 2018-2019annual docket for amendment mfthe Comprehensive Plan (the °p|an"�).The purpose ofaoannual docket isto ensure that changes tothe K3ty' Plan are only considered once a year and that they are considered collectively for impact to the Plan. The Applicant, King County Metro, seeks to rezone the western half of a 71,440 square foot split- zonedlot|ocatedatI3677EastK4arQina|VVaySLTukVVi|a,\mAg0168(the"Propertv")fron1Loyy Density Residential (LDR)toCommercial Light Industrial (CL|),with corresponding Comprehensive Plan and zoning map amendments, The Property was developed in 1975 with a warehouse and offices. The Applicant is seeking the Comprehensive Plan amendment and rezone for the following reasons: 1. The parcel is split -zoned: the eastern portion fronting on E Marginal Way 5 is zoned Commercial/Light Industrial (C/LI) and the western portion is zoned Low Density Residential /LDR\.The Property isideal for Metro's intended future use, but the split -zoned condition creates uncertainty about how the Site could be developed to meet Metro's needs. 2. The current use of the Property since at least 1975 has been light industrial, specifically a truck terminal use with accessory warehouse and parking. Truck terminal use is nonconforming to the existing LDR zoning, but conforming to the C/Ll zoning. Rezoning would remove confusion around applicability ofzoning tothe Property and its nonconforming status, encouraging future redevelopment conforming toexisting regulations. 3. Rezoning the Property will strengthen the boundary between the LDR zone to the west and C/Ll zone along EMarginal Way S. This non -project proposa|isaqu 'judida|changetothe|andusedesignatkonontheTukvvUa Comprehensive Plan and Zoning Code maps. If the rezone is approved, any C/Ll use would be permitted subject to all City regulations. The Applicant has stated the intention to construct new small- scale office buildings and an associated bus maintenance training bay. A neighborhoodscale Comprehensive Plan and Zoning Map depicting theP'oper�/|sbekzxv The map shows existing CmrnprehensivePlan and Zoning designations xViththe PPgpertyoutlined inturquoise. Existing LDRzoning isyellow, and existing CL|zoning islight purple. 46 2 444,4y44,44,4,,,A+4, '1‘'‘'414,14 • 100,4* kW. Figure 1- Comprehensive Plan and Zoning Map 441;4 .44 414iAmtktite4k4^ m • "414044•4 44,14 ,4A - 4,14-11 Site Information The Property is developed with an office building and associated warehouse structure which has been used as a trucking facility since at least 1975. The Property measures about 200' feet wide by 350' feet long on average, and extends north to south, fronting on E Marginal Way S and S 128th St. 3 4 7 The east fork of Riverton Creek flows across the northwest corner of the Property through an underground pipe. The Property contains environmentally sensitive areas, including a Type 2 watercourse (Riverton Creek) and its 100-foot buffer as shown in green on the map below." Figure 2 — Relief map with Wetlands and Watercourses Annexation and ZoningHistory: The subject property was created in unincorporated King County as Riverton, a rep|at of portion of Riverside Interurban Tracts, on June 15, 2906. Lots 4and 10-35 ofBlock 9 of Riverton were acquired by a single owner and a trucking operation was established on the property. The Becker Family owned the property at the time it was developed with the current service garage, distribution warehouse, loading dock, and related improvements in 1975. The Property was annexed into Tukwila in 1989 as part of the Riverton Annexation. Ordinance no. 1479amended the Comprehensive Land Use Policy Plan Map and applied the Heavy Industry designation to Lots 1-4 and 22-25ofBlock 9. Lots 18-31vvere designated Low Density Residential. In 1995 the City adopted the 1995 Comprehensive Land Use Plan and Map for the City of Tukwila and new zoning map. Lots 18-25 appear to have been consolidated between the Riverton Annexation in 1989 and the zoning map adoption in 1995. The lot consolidation did not affect the zoning boundary, resulting in a split -zoned lot. The zoning boundary was not changed in 1995 and the property remains split -zoned today. The existing trucking operation is nonconforming to the LDR use requirements in Table 18-6,TIVIC 18.09, and TIVIC 18.10.020. 4 48 VlCinity|nfOrn1aUon The Property is close to SR 599 freeway access. Land Use The land uses around the Property reflect the zoning. The property immediately west is developed with a single family home. Across S 128th St. to the south isTukwila School District's bus parking lot and transportation building, zoned Neighborhood Commercial Center (NCC). Properties across E Marginal Way S to the southeast are also zoned NCC and are currently developed with single-family homes. Immediately tothe north of the Property isa r/L| property containing aformer single-family home that has been converted into a commercial structure. Additional single-family homes are located northwest of the Property on land that is zoned Low Density Residential (LDR). 7"K_4 WOWU � Figure 3 - Land Use Map Existing Regulations Current Conditions The Property was annexed into the City of Tukwila on April 15, 1989, as part of Ordinance No. 1508. A zoning map included with this ordinance confirmed the zoning classifications applied in Ordinance No. 1480 (Effective Date October 18, 1988) for the subject property. The Property was originally composed of multiple lots containing "R-1: Single Family Residence 7200" and "C-M: Industrial Park" zoning designations. |n19q5,the City adopted anew Comprehensive Land Use Plan, Zoning Code, and Zoning Map. This new zoning code amended the number and names ofzoning districts inthe city: R'1became LDRand C-M became C/Ll. Between 1989 and 1995, the lots composing the Property appear to have been consolidated. However, the zoning boundary was not changed as part of either the lot consolidation or the 1995 Comprehensive Plan adoption, and the Property remains split -zoned today. The existing trucking operation is nonconforming on the LOR-portion of the Property pursuant to the use provisions in Table IG'G^TKHClO]]9,and TIVIC 2G.lO,O2O.The trucking operation was in active, continual operation prior tothe lot consolidation and annexation into the City ofTukwila. TN4[ 18.70a||om/s legally established nonconforming uses to continue and sets forth limitations on any expansion of nonconforming uses. Public Comments Notice was sent to property owners and tenants within 500' of the Property and agencies with jurisdiction. A Type 5 public meeting was held on April 23, 2019, and three nearby property owners attended. One residential property owner requested that a greater noise and visual buffer be provided on the west side ofthe property, tolimit hours ofoperations toreasonable hours, toreduce the amount of visual impairment at the southeast corner of the lot for drivers pulling on to E Marginal\Nay5,andto limit street parking to 5 hours day. Two residential property owners expressed concern via email about the past contamination of the Property and potential impacts to the stream, as well the need for vegetated buffering around the site especially along the western portion adjacent to neighboring homes. They also expressed a desire to see the stream improved for fish habitat. Comprehensive Plan and Zoning Map Amendment Criteria The Applicant's response to the decision criteria is attached as Attachment B. 1' The proposed amendment to the [Comprehensive Plan and] zoning map is consistent with the goals, objectives, and policies 'ofthe Comprehensive Plan Four broad -reaching objectives are the basis for the elements, goals and policies for Tukxv|a's Comprehensive Plan. The Comprehensive Ptan'sprimary objective ispreserving and enhancing Tukvvi|a'sneighbnrhoods. The Community Image and identity Element has the following goal: �� � ��cmmnnnmn�ymfinwi�ngn vi brant districts. (Goal �.-, The policies then speak about recognizable boundaries. Strengthen the image and character of 's distinct areas and neighborhoods Applicant Response: The subject property takes primary accessfrom E MarginalWay S and ispart ofanode »f{}L/and NeighborhoodCommercial /N[Qzoning ' along this arterial that is not one lot deep (except on the subject parcel). Rezoning the west side of 50 the subject property to be consistent with this district will strengthen the image and character of the node by clarifying the uses allowed on the site, creating a consistent expectation about development on the property, and establishing clear definition between the residential neighborhood to the west and the commercial/light industrial uses along E Marginal Way S. Staff Response: The Zoning District boundary is not clearly identifiable in the neighborhood. The Property is split -zoned, leading to a lack of clarity in the use and development. Rezoning the Property would help create a consistent expectation about land use on the lot and will clearly define the residential neighborhood as distinct from the commercial and industrial uses along E Marginal Way S. The Natural Environment Element has the following goals: The City's air, land, and water resources are restored and protected for future generations. (Goal 4.1) Goal 4.4 Water resources that function as a healthy, integrated system; provide a long-term public benefit from enhanced environmental quality; and have the potential to reduce public infrastructure costs. Watercourses and their buffers, ...., are protected from encroachment and degradation and improved through mitigation, enhancement, and restoration projects. (Goal 4.6) Applicant Response: The proposed rezone will clarify applicable use requirements and position the property for redevelopment, which presents and opportunity to implement forward -thinking development techniques such as Low Impact Development (LID) and environmental enhancement and remediation (if necessary) consistent with this goal. The City has adopted a Critical Areas Ordinance in TMC Chapter 18.45 "Environmentally Sensitive Areas." The purpose of this chapter is to protect the environment, human life, and property; identify and classify ecologically sensitive areas; and protect these areas and their functions while allowing for reasonable use of public and private property. New development on the subject parcel is require to comply with applicable critical areas requirements to minimize development impacts using best available science. The east fork of Riverton Creek flows across the northwest corner of the property through and underground pipe, and redevelopment of the property presents an opportunity to address this sensitive area. The subject property has already had some environmental remediation and cleanup related to its historic use as a trucking facility. Contamination from leaking underground storage tanks was addressed in 1999, and periodic review by the Department of Ecology confirms that the remedial actions continue to eliminate exposure to contaminated soils by ingestion and contact. Work was performed under the Model Toxics Control Act and the Voluntary Cleanup Program (codified in Chapter 173-340 WAC). A restrictive covenant is recorded on the property documenting the contamination and cleanup work 7 51 and prohibiting work that could disturb contaminated soils without review and approval by the Department of Ecology. Future work onthe property /srequired tocoordinate with Department of Ecology and address the restrictive covenant on the property. Substantial disturbance of the property could result in expanded cleanup efforts to eliminate contamination. Staff Response: Redevelopment of the Property as a commercial or light industrial use would require anydeve|oprnent/us2 to belocated outside of the stream buffer areas. The existing condition of a truck parking area built over the watercourse would be improved if the parking area is removed and the western portion of the Property restored asanatural area for the watercourse. The City has adopted a Critical Areas Ordinance in TIVIC Chapter 18.45, "Environmentally Sensitive Areas." New development on the Property is required to comply with applicable critical areas requirements to minimize development impacts using best available science. The east fork of Riverton Creek flows across the northwest corner of the property through an underground pipe (see Figure 4), and redevelopment of the property presents an opportunity to upgrade this sensitive area. TIVIC 18.45.110.B.5.g requires that "On properties being developed or re -developed, or when stream crossings in public or private rights -of -way are being replaced, existing culverts that carry fish -bearing watercourses or those that could bear fish (based on the criteria in VVAC 223-16'031,VVashing1on Forest Practices Rules and Regulations), shall be upgraded to meet the standards in the WDFW manual "Design of Road Culverts for Fish Passage" (2003orasupdated) iftechnically feas|b|e." If claylighting or upgrading of the stream is proven to be technically infeasible, the western portions of the Property located within the stream buffer area could be planted with native plants that improves the original condition in species diversity and density, and all existing durable surfaces within the stream buffer could beremoved toprotect the Creek and its buffer. The rezone proposal provides an opportunity to improve the existing stream and buffer from its current condition which complies with the City's comprehensive plan goals. 8 52 '4640106131),,,„„7,,,,yogei IVIAMM:ra.„ #110160 Figure 4 — Sensitive Areas Map. Type II stream in pipe flows through northwest corner of site; 100' buffers begin from where stream is not in pipe. A relevant Economic Development Element policy is: Promote and preserve economic use of industrial lands outside the MIC through appropriate buffering requirements and use restrictions. (Economic Development Policy 2.1.1E) Applicant Response: The Subject Site is located just south of the MIC boundary, along E Marginal Way S, and has been in continual use as a commercial/light industrial property since prior to annexation in 1989. The proposed rezone supports this policy by preserving the existing C/LI zoning and expanding it slightly to be consistent with the existing parcel boundary and other similar properties. Additionally, the proposed rezone will eliminate a confusing split -zoning condition, ultimately clarifying how the Subject Site can be used and supporting future redevelopment of the property. The C/LI zone and the landscaping requirements in Table A of TMC 18.52.939 establish appropriate buffering requirements and use restrictions to ensure that commercial and light industrial development is compatible with nearby residential uses. In addition, the requirement for a stream buffer also provides a natural division between the two types of uses. Staff Response: City staff concurs with the applicant's response; increased setback and screening requirements are set forth for C/LI properties located adjacent to any residential property including those zoned LDR. Additionally, the property has been in continuous use as a truck terminal since before annexation into the City of Tukwila, and this proposal will work to preserve a historically industrial land while enhancing the buffers for surrounding properties. Overall, this proposal is consistent with the goals, policies and objectives of the Comprehensive Plan. 9 53 2. The proposed amendment hmthe Zoning Map [sconsistent with the scope and purpose ofthis title (the Zoning Code) and the description and purpose of the zone classification applied for. Pursuant to TIVIC1D.]O.0]0,the C/Udistrict "is intended toprovide for areas characterized bya mix of commercial, office, orlight industrial uses. The standards are intendedto promote viable andattrac±kxeconnrnerda|andindustria|areos."TheproperdesaroundtheintersecdonofE Marginal Way S and 5 128th St are a mix of commercial and industrial uses consistent with the purpose of the C/Ll zone, including the Property which is used as a trucking facility. The Property is also similar in character to commercially and industrially zoned property in the immediate vicinity. Properties mithfrontagealongEN4argina|VVayStendt0bezonedanduSed as commercial and industrial businesses. Uses transition from much more intense industrial activities with large warehouses and significant vehicular traffic in the north to lighter industrial and commercial uses further south. EMarginal Way Sbahigh-volume 'arterial with excellent connectivity to local and regional transportation networks. Along E Marginal Way S,the [/L| zoning serves as a logical transition between the Manufacturing Industrial Center (MIC) to the north and the Neighborhood Commercial Center (NCC)zoning tothe south. The Property has been in continual operation as a trucking facility since prior to its annexation into the City of Tukwila. A trucking facility is nonconforming on the LDR-portion of the site. TIVIC 18.70 allows legally established nonconforming uses to continue and sets forth limitations on any expansion ofnonconforming uses. The proposed rezone would bring the nonconforming portion of the trucking facility (that portion located in the LDR zone) into conformance with zoning code. There are changed conditions since the previous zoning became effective tmwarrant the proposed amendment to the Zoning (and Comprehensive Plan) Map The Property was annexed into the City ofTukwila inl989and was originally composedof multiple lots containing "R-1: Single Family Residence 7200" and "C-M: Industrial Park" zoning designations. Since then, the number and names of the zoning districts in the City were subsequently amended, and the lots composing the Property appear to have been consolidated. However, the zoning boundary was not changed as part ofeither the lot consolidation or the 1995 Comprehensive Plan adoption, and the property remains split -zoned today. In the area near the subject property, single-family homes are mainly located away from E Marginal Way Stothe west and tothe east. EMarginal VVayS|s|argeh/connposedQf commercial and industrial uses stretching from SR-599 to north down to the intersection of E Marginal Way 5 and 40th Ave S to the south. Since the 1995 Comprehensive Plan adoption the surrounding area has seen a marked increase in commercial and light industrial development. Parcel 7345600675 immediately north of the Property contains a former single-family home in the C/Ll district that was converted to office use in 2008. Parcel 2384200010 across S 128th St to 10 54 the south was developed in 2017 with a small office structure for Tukwila School District's bus drivers and general faculty. Parcel 734OGUO774further south was developed as a mixed -use apartment building with ground floor retail in 2008. To the north on parcel 7340600480 a former Group Health office building is currently being replaced with King County Metro's South Interim Bus Base which will contain offices, a bus maintenance garage, and parking for approximately lOOcoaches. Wem OW Figure5:Commercial/industrial parcels with developments since1995. ;*404-am The proposed Comprehensive Plan Amendment to reclassify the entire parcel as Commercial Light Industrial will eliminate split -zone condition, bring a legally established non -conforming use into conformance with the Tukwila Municipal Code, and establish zoning more consistent with the conditions along EMarginal Way S. 4. The proposed amendment to the (Comprehensive Plan and) Zoning Map will be in the interest mffurtherance mfthe public health, safety, comfort, convenience, and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located. Environmental rennediotionhas been completed onthe Property and any land -disturbing activities are required to be coordinated with Department of Ecology to ensure any remaining 11 55 contamination is appropriately remediated. A restrictive covenant has been recorded on the property to limit activities on the site to protect the environment and the public health, safety, and welfare. |naddition and asdiscussed above, upgrades tothe Riverton Creek and related mitigation would improve the natural area and improve the buffer between adjacent Low Density Residential properties to the north and west over the existing site conditions in the interest of general health, safety and welfare ofthe public. Development requirementsset forth inTIVIC Chapter 18.3C\"[omnnerdal/LghtIndustrial /r/LA District," establish appropriate buffers, increase setbacks compared to those required under the LDR zone, and require landscaping screening to separate the C/Ll uses from residential development. Such requirements would further the public health, safety, comfort, convenience and general welfare of the surrounding neighborhoods. The request would extend the boundary line for the C/Ll district to the western property boundary, Below is a table comparing the setback and height requirements for the two zones: Setbacks Front 20' 25' Second front 10, 15' Sides 111 floor 5' 15' 2nd floor 5' ZU' 3rd floor 5' 30' Rear 10, 15-30' Height 30' 46' Standards in the C/Ll zone are in place to minimize impact and any nuisance. No on -site hazardous substance processing, handing, or storage is allowed unless clearly incidental to the permitted use and is subject to state siting criteria. Performance standards are also jneffect in the CL|for air quality, noise and SEPAcompliance. U' CONCLUSIONS 1) Consistency with Comprehensive Plan � The proposed rezone is consistent with the Comprehensive Plan objectives, goals and policies which acknowledge the need to maintain and support commercial/industrial lands outside of the Manufacturing industrial Center in a way that reduces impacts on adjacent properties and/or residential neighborhoods. 2\ Consistency with Zone � The requested map change to C/Ll for the entire parcel would remove a split -zone property from the City zoning map. 12 56 w The amendment would terminate at partially -nonconforming land use on the Property that has been operating in the neighborhood since before annexation into the City of Tukwila. • Specific redevelopment plans will undergo environmental, design review and building permit review. 3) Changed conditions � The property has been split -zoned since at least 1995. Since that time properties along E Marginal Way S have been developed with a combination of commercial and light industrial uses, including but not limited the King County Metro South Interim Bus Base. The amendment will eliminate a split -zone condition, bring a legally established non -conforming use into conformance with standards for the Commercial/Light Industrial district in the Tukwila Municipal Code, and establish zoning more consistent with the conditions along E Marginal Way 5. 4) Benefit tocommunity � The community will benefit through redevelopment ofthe site that will conform with development regulations set forth in the Tukwila Municipal Code, including but not limited tolandscaping, setbacks, enhanced buffers from residential areas, and asignificantly improved environment for the Type 2 stream that runs adjacent to and through the western portion ofthe Property. Ill. 0ECO&HK4EyA0ATNOKJ Staff recommends approving the rezone request to change the existing Low Density Residential (LDR) zoning to Commercial/Light Industrial (C/Ll), with corresponding Comprehensive Plan and Zoning map amendments, subject to the following conditions: 1. Within six years of the effective date of this ordinance, property owner shall implement a City approved plan to daylight (or, if daylighting is not feasible, to upgrade the stream culvert for) the Type 11 stream located within a pipe on the western half of the property. The plan shall meet the standards in the yVDFVV manual "Design of Road Culverts for Fish Passage" (2003 or as updated).|fday|ightingorupgrading ofthe stream culvert isproven 'tobutechnically infeasible, the western portions of the Property located within the stream buffer area shall be planted with native plants that improves upon the original condition as part of a planting plan to be approved by the City. Additionally, the property owner shall remove all existing impervious surfaces located within the stream buffer within the three-year time frame. 2. Within 180 days of the passage of this ordinance, the applicant shall record against the site a covenantor other document, approved by the City, requiring compliance with Condition l. 3 Failure to comply with Conditions l and 3 shall cause the change to the Zoning Map to be null and void, the subject property shall revert to the zoning immediately preceding passage of this ordinance, and any non -conforming use shall cease to exist and any subsequent use shall conform tothe regulations specified hythe Tukwila Municipal Code for the district ihwhich such use islocated. 13 57 58 15' STREAM SEj sA K 26 FRONT SETh.AGK I00' STREAM BUFFER 12677 E. MARGINAL WAY -S. EXAMPLE OF POTENTIAL USE w�� PARCEL LINE 60 ; S.25 SIDE SETBACK w. ';• . , , • tt. . / tr- cry' ss 4 ... ' " I . / PERIMETER FENCE NNI •••SEORM DRAIN .• BASEMENT ; l':17L7;"1.7.0217.2.2-7.afa FF . INI1REHOBBE 15' TEEAM SETBACK 100 •Zr) STIREAM SUFFER s .FAAN: A 171, : LE OF PUT FRONT SETBACK 0:1‘ TRAINING BAY OFFICE SPACE 20-FRONT SETBACK WAY 9, JIAL epylutfry iT \--PARCEL LINE OCT.I.E.:".- TO .' SC-I3N-CP- 11-% 62 Exh'bifF: Project and Decision Criter'a0Wa Rezone.�'� \,�rn�� N/�o� OfP�n��//Vo 734�d0O780hDrDLDRb7[Yl/ "^~ .� Summary ofRequest King County Metro Transit (Metro) requests amendment of the City of Tukwila Comprehensive Plan & Zoning Map to change the comprehensive plan and zoning designations of a portion of parcel no. 7345600766 from Low Density Residential (LDR) to Commercial/Light Industrial /C/LU consistent with the zoning on the eastern portion nfthe site. AoonfigVoun parcel owned by the same property owner (no. 7345600685) and used as part of the development on parcel no. 73450DO76Oi5already zoned C/L|and ianot included inthis request. Summary ofthe Reason for the Request As part of its long-range plans for growth of transit service in the region, Metro needs to purchase additional property for indoor mechanical training activities and construction offices. For that purpose, Metro is seeking to purchase property at 12677 E Marginal Way S (parcel no. 7345OOO7Oh)and 12O33EMarginal Way 8(parcel no. 734560O0O5)from Blue Nile Holdings, LLC (see Figure 1\. Parcel no, 7345600766. subject of request .` ^ �.Lim ����} Figure 1:Becker Transfer properties outlined in red. Source: King County Map. Parcel no, 7345000685. excluded from request The smaller parcel iazoned Commercial Light Industrial (C/L|). The larger parcel iaap|it-ZoDed; the eastern portion fronting on E Marginal Way S is zoned C/Ll and the western portion is zoned Low Density Residential /LDFU.The site iaideal for Metro's intended future use ofthe site, but the split -zoned condition creates uncertainty about how the site could be developed to meet Metro's needs. Metro is pursuing the rezone to rectify this uncertainty for immediate short-term use and potential redevelopment. Metro understands that approval of rezones is considered within the Page I of 15 t 63 Rezone West Portion of Parcel No. 7345600760from LDR to CILI Exhibit �Project and Decision Criteria Narrative larger planning context and must beconsistent with the vision for Tukwila, and for the surrounding neighborhoods. Metro believes that the rezone is consistent with the vision and character for this area, and that in the long term will provide opportunities for enhancement of the boundary between the residential and commercial areas. The use ofthe site since otleast 1g75has been light industho. specificallyetruck terminal use with accessory warehouse and parking. Truck terminal use is nonconforming to the existing LDR zoning and conforming to the existing C/Ll zoning (see Figure 2). Parcel nu73458On685. excluded from request Parcel no. 7345OO87OS. subject of request Figure 2: EvoerptofCity of Tukwila & Zoning -' Map, subject in red. Purple zoning is CILI, yellow zoning is LDR. Split -zoning is discouraged by the City of Tukwila's Comprehensive Plan and tends to create uncertainty for future development or redevelopment. A history of the land use and zoning on the property is included in this application. Rezoning the property will strengthen theboundary between the LOR zone to the westand C/L zone along E Marginal Way S. It will provide certainty for Metro by ensuring that the office uses can continue and that the site can be developed efficiently for those uses, To the extent that rezoning will remove confusion around applicability of zoning to the site and its nonconforming status, future redevelopment would be encouraged and that would offer opportunities to make the site development more conforming to existing regulations- K8etrm'sIntended Use ofthe Site and aConceptual Plan |fthe rezone inapproved, Metro's current thoughts for use ofthe site are for office and indoor training activities that currently occur on the nearby South Base facilities. Metro has provided G drawing of what a potential layout for office and training use could look like (see Exhibit|). but in not seeking any review VFapproval ofthat layout atthis time, Before Metro can realistically create aplan for specific uses that addresses applicable development standards, the rezone would need to be approved. Any future changes to the site to allow redevelopment would be subject to review bythe City ofTukwila through Design Review because of the proximity tothe LDR zone. At the time of a proposed redevelopment of the site, Metro would work with the City of Tukwila to ensure compliance with site development standards. Site Description The moed collectively identified inthe King County Assessor's records oe"Beckor Transfer." Parcel no. 73456OO7GG|sapproximately 1,64acres /71/44Osquare feet) insize, Parcel no. 7345OQQG85iSapproximately 0.20acres (11.49Osquare feet) insize. Parcel no. 7345600786|s sp|it-zoned:the eastern portion fronting onEMarginal Way Siezoned C0mmercia|/Light|ndustria| (C/LU, and the western portion is zoned Low Density Residential (LOR). Parcel no. 7345000685is zoned C/L|. Refer to Figure 2, Page 2 of 15 64 Rezone West Portion of Parcel No. 7345600766 from LDRtoQLI Exhibit F.-Project and Decision Criteria Narrative The parcels are used asasingle property that serves aathe base ofoperations for Blue Nile Trucking, LLC- The site ioaccessed hyone driveway onEMarginal Way 8and two driveways onS128mStreet. Permanent structures include aservice garage,distribution warehouse, loading dock, and fuel pump built in 1975; the remainder of the parcels are paved and/or grave/ed. Vehicles and trailers ofvarying sizes are stored along the north and west property lines. Surrounding land uses include a mix of single-family residential, commercial, and The east branch of Riverton Creek is present in the vicinity ofand Othe property.lhe creek flows through an open ditch and onto the northwest corner of the property for approximately 25 feet before entering an underground pipe. The creek flows through approximately 195 feet of underground pipe and daylights into another open ditch (see Exhibit G). The existing stream and buffer are significantly degraded due to undergrounding and surrounding development.. Request Requests for changes inzoning are made pursuant tnChapter 1ti84TK8[. Granting orezone and accompanying Comprehensive Plan map change is allowed when consistency with the following criteria can be demonstrated: t The proposed amendment tothe Zoning Map isconsistent with the goals, objectives, and policies ofthe Comprehensive Plan. The d amendmenticonsistent yiththe applicable goals, objectives, and policies of the City's Comprehensive Plan. The proposed change from LDR to C/Ll will clarify the boundary between the two zones 8tthe subject location; facilitate future redevelopment consistent with the character of Marginal Way G; and eliminate a nonconformity. ConnnunitYImage and Identity Element The Community Image and Identity element of the Comprehensive Plan establishes a framework hzcelebrate the City's history and environment, build ondiversity, foster civic engagement, and accommodate growth that furthers the community's vision.' The proposed rezone will contribute to this framework by improving consistency of the property's designation with the following goals and policies: � Goal 1'1—A community of inviting neighborhoods and vibrant business districts. The subject property isaccessed from EMarginal Way 8and 8128thStreet. The parcel issituated ofthe boundary between commercial and industrial uses onEMarginal Way Gand residential uses further west and south inthe area. The property is split - zoned, leading to a lack of clarity in the use and development ofthe site. Rezoning the property will help create a consistent expectation about land use onthe lot 'and will clearly define the residential neighborhood as distinct from the commercial and industrial uses along EMarginal Way 8. The proposed rezone will expand the [/L|zoning boundary to be consistent with the property boundary and the current use ofthe property. The proposed rezone }snot expected toimpact the character ofthe residential area for several reasons. The residential neighborhood has grown up around this industrial use that has been in continual operation since at least 1975 (see response to criterion 2, below, for additional property history). Additionally, given that aportion ofthe property iealready zoned C/L|. `Tukwila Comprehensive Plan, Community Image and Identity Element, pago1� Page 3 of 15 65 Rezone West Portion of Parcel No. 7345600766 from LDR to CIV Exhibit F:froject and Decision Criteria Narrative the rezone will not invite new uses that are not already allowed adjacent to the residential neighborhood. Finally, the east branch 0fRiverton Creek, located along the west side of the subject property and approximately coincident with the proposed rezone, serves as a natural boundary or buffer between different land uses. The rezone will encourage the potential redevelopmentofthe site which may provide on opportunity to enhance the aesthetics of the site, clearly define the boundary to adjacent land uses, and provide capital investment into the neighborhood. ° Policy 1.1.2— Strengthen image and character of7ukwila's distinct areas and neighborhoods. The subject property takes primary access from E Marginal Way S and is part of a node of C/Ll and Neighborhood Commercial (NCC) zoning along this arterial that is one lot deep (except oDthe subject parcel) (see Figure 3). Rezoning the west side ofthe subject property to be consistent with this district will strengthen the image and character of the node by clarifying the uses allowed on the site, creating a consistent expectation about development on the property, and establishing clear definition between the residential neighborhood tmthe west and the commercial/light industrial uses along E Marginal Way 8. OIC/L \ \ Figure 3- Excerpt of City of Tukwila Comprehensive Plan &Zoning Map, subject properties outlined in red. Economic l)gve/oon/eDtElement The overall goal of the Economic Development element is to enhance the economic well- beingoftheoonlDlunity,indUdinQetinnu/atiDgecononniuinnprowsnnentfVriDdividu8| businesses and the community. The proposed rezone inconsistent with this purpose and addresses the following goals and policies: ~ Goal 2.Y—Tukwila has astrong role as regionalbmsiness and employment center which allows itƒoenhance and promote#\ community's well-being. The proposed rezone is supportive of the continued business use of the subject property (aOd, as described above. is not detrimental tothe residential neighborhood tothe wmnt). Page 4of 15 66 Rezone West Portion ofParcel No. 7345600766 from LDR toCIL/ Exhibit F:Project and Decision Criteria Narrative The rezone will eliminate a confusing split -zoning condition, which will clarify how the property can beused and support future redevelopment cfthe site aeacommercial/light industrial property similar to other uses cdm1g E Marginal Way G' This contributes to TukVv|a'okn8ye as aregional business center. The proposal h;consistent with policies intended to implement this goal, as described below. �Policy �1.10—Promote and preserve economic use ofindustrial lands outside the Manufacturing Industrial Center /MICzthrough appropriate buffering requirements and use restrictions. Thesubject property is located just south of the MIC boundary, along E Marginal Way S, and has been in continual use as a commercial/light industrial property since before the neighborhood was annexed in198S. The proposed rezone supports this policy by preserving the existing C/Ll zoning and expanding it slightly to be consistent with the existing parcel boundary and other similar properties. Additionally, the proposed rezone will eliminate aconfusing split -zoning condition, ultimately clarifying how the property can beused and supporting future redevelopment ofthe property. The C/Ll zone and the landscaping requirements in Table A of TMC 18.52.030 establish appropriate buffering requirements and use restrictions to ensure that commercial or light industrial development is compatible with nearby residential uses. Table /\in the code shows the standard buffer depths of 6 feet and 0 feet for side and rear yards, respectively, are increased to 15 feet, and the intensity of buffer plantings raised from Type 11 to Type III for new development within 50 feet of a residential zone. Design review is required for new development within 300feet of residential zone. These standards are protective ofresidential development and ensure commercial and light industrial development is compatible with surrounding land uses while also promoting viable and attractive commercial and industrial areas. In addition, the requirement for a stream buffer also provides a natural division between the two types ofuses. �Policy �1.17—Include standards in the development regulations for industrial uses that adequately mitigate potential adverse impacts onsuvrmmmmYng properties and public facilities and services. In addition to the use and buffering requirements described above, development |Othe C/L|zone iosubject to performance atandepda, including standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, amnhe, and airborne pollutants; noise standards adopted inTW1CChapter 8.22; and State and Federal standards for water quality and hazardous materials. Review under the State Environmental Policy AQt(GEPA) provides substantive authority to mitigate potential adverse environmental impacts. Natural Environment Element The Natural Environment element guides future development in a manner to protect the community's environment, improve quality of life within the City, and protect residents from natural hazards. The proposed rezone addresses the following goals and policies inthis ° Goal 4.Y—The City's air, land, and water resources are restored and protectedfor future generations and Policy 4\1.5— Develop and implementprograms that encourage Tukwila residents and businesses totake active measures Mmprotect Page 5 of 15 67 Rezone West Portion of Parcel No. 7345600766 from 0RtoQl/ Exhibit F:Project and Decision Criteria Narrative and enhance Tukwilm'smatural environment Such measures could include the use mfLow 'Impact Development(/D) techniques, natural strea/nbankrestoration, non -toxic lawn care, composting, and recycling,among others. The proposed rezone will clarify applicable use requirementsand position the property for redevelopment, which presents anopportunity tOimplement fnnwand'thinking development techniques mUoh as Low Impact Development and environmental enhancement and nemediation(if nenaaaary).consistent with this goal. The City has adopted mCritical Areas Ordinance inTMC Chooter18/45 "Environmentally Sensitive Areas," The purpose ofthis chapter |s toprotect the environment, human life, and property; identify and classify ecologically sensitive areas; and protect these areas and their functions while allowing for reasonable use of public and private property. New development onthe subject parcel /nrequired tocomply with applicable critical areas requirements to minimize development impacts using best available science. The east fork ofRiverton Creek flows across the northwest corner of the property through an underground pipe, and redevelopment of the property presents anopportunity toaddress this sensitive area. The subject property has already had some environmental remediationand cleanup related hoits historic use as/atrucking facility. Contamination from leaking underground storage tanks was addressed in 1999 and periodic review by the Department of Ecology confirms that the remedial actions continue to eliminate exposure to contaminated soils by ingestion and contact. Work was per -formed under the Model Toxics Control Act and the Voluntary Cleanup Program (codified in Chapter 173'34OVVAC). Areotrictive covenant is recorded on the property documenting the contamination and cleanup work and prohibiting work that could disturb contaminated soils without review and approval bythe Department nfEcology. Future work onthe property is required to coordinate with the Department ofEcology and address the restrictive covenant onthe Substantial disturbance of the property could result in expanded cleanup efforts to eliminate contamination. ° Goal 4.4 Water resources that function as a healthy, integrated system; provide along-term public benefit from enhanced environmental and have the potential bwreduce public infrastructure costs. The east fork Of'Riverton Creek flows across the northwest corner ofthe property primarily through 8nunderground pipe. Approximately 25feet ofthe creek flows through an open ditch before entering an underground pipe, where it travels for approximately 1S5feet before day/ightinginto another open ditch (see Exhibit G). Redevelopment encouraged by the proposed rezone would provide opportunities to address this water resource, including improving surface water quality and quanUty, restoring degraded buffer areas, and/or dmyUQhhngthe stream. All ofthese opportunities would improve the health of water resources at and downstream of the subject stream and provide public benefits. * Goal 4.6 — Watercourses and their buffers, wetlands and wetland buffers protected from encroachment and degradationand improved thr000h enhancement restoration projects. The east fork ofRiverton Creek has asignificantly degraded bufferondie|nw+ functiVniOgduatnbeingundergrOundedintheproparty'aNc|n|ty. Redevelopment Page Ooft5 68 Rezone West Portion ofParcel No. 73456O0766 fromL[R toCIL/ Exhibit F:Froject and Decision CritedaNanative encouraged bythe proposed rezone would provide anopportunity toimprove buffer and watercourse conditions. ° Policies 4.6.1through 4.6.4—Policies related to regulation nfland use and development, mitigationrequirements, and sensitive areas studies. The City nfTukwila has adopted ocomprehensive Critical Areas Ordinance C Chapter 18.45)toregulate development /nand adjacent tosensitive areas. The regulations ensure development is located and designed to achieve no net loss of sensitive areas functions through mitigation sequencing and compensatory mitigation. Redevelopment encouraged bVthe proposed rezone iarequired to comply with these regulations and provides an opportunity to improve conditions for the largely undergroundmdstnaarn. 7ukmila's wetlands, watercourses, fish and wildlife habitat areas and the GreenlDuwamish River is improved over time. The stream has a significantly degraded buffer and is low -functioning due to being undergrouncled at and in the property's vicinity. Redevelopment encouraged by the proposed rezone would provide an opportunity to improve buffer and watercourse �Policy 4.7.1— Improve surface water management and ensure provision of water quality treatment where required. Redevelopment encouraged by the proposed rezone would be required to conform to applicable stormwater and surface water management techniques and the King County Surface Water Design Manue/2OYO/2O1OKCGVVOM\adoptedbVtheCityofTukm||o. * Goal 4.8—Surface water generated by urban development does not exceed pre - development discharge rates The subject parcel js almost entirely covered with impervious surfaces. While the re- zone opp|icat|Onwi||notrnodifvthep8rceDt8ge ofimpervious surfaces onthe site, future redevelopment encouraged by the proposed rezone will be required to comply with development standards that will reduce the amount of impervious surface coverage and detain, treat, and discharge surface water. Residential /Ve4qhb do Element The Residential Neighborhoods e|enlentfocuoesoOn*|ghborhoodsustainabilitytu preserve and enhance the sense ofcommunity |neach residential neighborhood. The proposed rezone will occur adjacent toenexisting single-family residential neighborhood. Because the rezone would affect land currently zoned for single-family residential use, Goal 7.1 and Policy 7. 1.1 appear to be most applicable to the proposed rezone and are 'addressed below: ^ Goal 7.ƒ—Residential Land Use Pattern: A land use pattern that encourages strong sense mfcommunity by grouping compatible and mutuallysupportive uses and separating incompatible uses. The existing property is split -zoned, with the western portion zoned LDR and the eastern portion zoned C/L|. Since 5dleast 1S75,the property has been used for trucking operations, which is nonconforming to use requirements in the LDR zone. The split - zone ooOd!UQncreat8aoonfua|nnintheopp|icaUonofdeVe|opnnent[eqUin*nlentSand therefore does not tend to encourage a sense of community at that location. |nfact, it Page 7 of 15 69 Rezone West Portion ofParcel No. 7345600766 from LDR to CILI Exhibit F:Froject and Decision Criteria Narrative tends tDblur the boundary between the residential community and commercial operatinnn. Theproposed rezone will clarify the expectationfor the use and development of the property in the future, which will solidify the character of the neighborhood in the immediate vicinity of the rezone and exclude incompatible uses from the LDR'zone. The east branch ofRiverton Creek creates a natural boundary to define residential uses from the commercial and industrial uses fronting | E gaonQ Marginal Way G. ° Policy 7. 1.1 Maintain acomprehensive land use map that supports*h preservation and enhancement of single-family and stable multi-famfly neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries. The split -zone condition is confusing and does not provide a clear and recognizable boundary between land uses. The proposed rezone will establish a recognizable boundary and eliminate a confusing split -zone condition for the subject property, It will also make the boundary of the C/Ll node around the intersection of E Marginal Way S and S 128th Street consistent on this parcel by expanding the C/Ll zone to the property boundary. The rezone is likely to encourage redevelopment of the site and meet applicable development regulations which are designed to enhance the buffer between commercial and residential uses. 2. The proposed amendment tmthe Zoning Map hoconsistent with the scope and purpose of TMG Title 18, "Zoning Code," and the description and purpose of the zone classification applied for. The proposed rezone isbroadly consistent with the scope d purpose ofTitle 18TK0C, "Zoning Code." The zoning node implements the City'S Comprehensive Plan and. as discussed above, the proposed rezone is consistent with numerous goals and policies therein. More specifically, the proposed rezone is consistent with the description and purpose ofthe C/L|zone. Pursuant toTK8C18.3D.O18,the C/L|district "is intended to provide for areas characterized by a mix of commercial, office, or light industrial uses. The standards are intended topromote viable and attractive commercial and industrial aneae." The prope�iesaround the intersection ofE�WorQiOa/VVeyGand G128lhStreet are emix of primarily connmeroia/ond|nduat[io/uoescoOsistentYv|ththepurpoSeOftheC/LlzoOe. including the subject property which is used as e trucking facility. The subject property is similar in character tocommercially- and industrially -zoned property |Othe immediate vicinity (see Figure 4>. Properties with frontage along EMarginal VVayG tend tobezoned and used ascommercial and industrial businesses. Uses transition from much more intense industrial activities with large warehouses and significant vehicular traffic in the north to lighter industrial and commercial uses further south. EMarginal Way 8isohigh-volume @rteria|vvithexoellentmnnnectVitvho|oca|andre8iono} transportation atworks. Along EMarginal VVevB.theC/L zoning serves aaalogical transition between the Manufacturing Industrial Center C)and industrial zoning ( to the north and the neighborhood commercial .zoning (NC[) tOthe south (see Figure 3.Gbove). Page 8ofY5 70 Rezone West Portion ofParcel No. 734560766 from 0Rto CILI Exhibit F:projoct and Decision Criteria Narrative Figure 4:Vicinity map, subject property outlined in red. Source: King County Map. U]Rzoning ienot appropriate for the subject site, The purpose ofthe LDRzone iS"to provide |ovv+denSitvfanni|y residential areas together with G full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uaea." The property has been iOcontinual operation aaatrucking facility since prior tnits annexation into the City ofTukwila, Atrucking facility ienonconforming to the use provisions ofthe LC)Rzone. Chapter 1O.70TMC."NOOConfornliiy.''allows legally established nonconforming uses to continue and sets forth limitations on any expansion of nonconforming uses. Alapse orchange inthe use would cause abandonment ofrights to nonconformity and any new use established is required to comply with current use regulations. /nthis way, TK4CChapter 18.70seeks toreduce nonconformity aemuch mS possible. The proposed rezone would bring the nonconforming portion of the trucking facility (that portion located in the LDFlzone) into conformance with the zoning code. (REMAINDER OF PAGE INTENTIONALLYLEFT BLANK) Page 9of 15 71 Rezone West Portion of Parcel No- 734560766 from Exhibit F: Project and Decision Criteria Narrative 3. There are changed conditions since the previous zoning became effective towarrant the proposed amendment hothe Zoning Map. Conditions have changed considerably since the previous zoning became effective. The proposal to rezone the western portion of parcel no. 7345600766 is reasonable and warranted bythe change incircumstances. The subject properties 'were created in unincorporated King County as Riverton, o nap|atofa portion of Riverside Interurban Tracts, on June 15, 1806 Figure 5) .2 Contemporary legal descriptions also refer tothis area es"F(iver-tnn/\dditioo." Thereafter, Lots 4and 1O-25 ofBlock QofRiverton were acquired by asingle 'owner and otrucking operation was established onthe prnperty.z The Becker family owned the property atthe time itwas developed with the current service garage, distribution warehouse, loading dock, and related improvements in 1975. - -'_- � 14+ I *a !0 "61 � I Figure 5: Excerpt of Riverton, a replat ofpart of Riverside Interurban Tracts, recorded in Volume 13 of Plats, Page 36, records of King County, Washington. Image shows a// of Block 9, lots forming the subject property outlined in red. NOTE: The orientation of this map is such that north is to the fight Alder Street became S 126th Street and Herkimer Street became S 128tfi Street. 2 Plat of Riverton, King County Recording No. 400820, recorded June 15, 1906 in Volume 13 of Plats, Page 36, Records of King County, WA, 3 The lots were likely purchased by the Becker family, who likely also established the trucking business. Two businesses (Becker Trucking Inc. and Becker Transfer Co.) appear to have grown from this startup. Becker Trucking Inc. has been in operation since 1925 and operates out of Tukwila. Becker Transfer Co. bills itself as a fourth - generation transportation company and operates out of Issaquah. Page 0oft5 72 Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI Exhibit F: Project and Decision Criteria Narrative Riverton was identified as the Riverton Annexation Area by the City of Tukwila. In preparation for annexation, the City adopted ordinances no. 1479, 1480, and 1481 to apply future land use designations and zoning designations to the Riverton area. Ordinance no. 1479 amended the Comprehensive Land Use Policy Plan Map and applied the Heavy Industry designation to Lots 1-4 and 22-25 of Block 9. Lots 18-21 were designated Low Density Residential. Refer to Figure 6. • t COMPREKEWSIVE LAtin ti,SP ua EXHIBIT ATTACHMENT G LEGEND -.444' af,,,sSttv 4,E1,80,17,41„ Utta,,,,,f,t4 0.044? y ,,It.4c,ettnAt kii5,,t,10,0a,tt 440.1A.4 rtz,44. oCtoa ,NCV4144e. t t Figure 6: Exhibit a Attachment H of City of Tukwila Ord. No. 1479. Map shows Riverton Annexation Area boundaries and approved comprehensive land use policy plan designations. Subject property is outlined in red. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 11 of 15 73 Rezone West Portion of Parcel No. 7345600766 from 0RtoCIL/ Exhibit F:Project and Decision Criteria Narrative Ordinance no. 1480 amended the zoning map (see Figure 7).Lots 4and 22-25of Block 9 were zoned Industrial Park (C-M). Lots 18-21were zoned Single Family Reskdence(R'1). Ord. 1481 adopted zoning code text amendments related to the Riverton Annexation. OF `^ � *.` n^ SINGLE FAMILY RESIDENCE (ruma*) -4 L W^'^~-m`w a -- nMH MULTIPLE RESIDENCE HIGH DENSITY c', cowwmwr, RETAIL BUSINESS oz REGIONAL RETAIL BUSINESS INDUSTRIAL PAR ' ,t�r m'/ LIGHT INDUSTRY -- m`x HEAVY INDUSTRY Figure 7: Excerpt of Riverton Annexation Area zoning from City of Tukwila Ord. No. 1480. Subject property is outlined in red. Lots 18-21 are zoned R- I and lots 22-25 are zoned C-M. -� On March 27, 1989 the Tukwila City Council voted to approve ordinance no. 1508 to annex the Riverton Annexation Area effective April 15.1888. Azoning map was included with this ordinance confirming the zoning classifications applied in ordinance no. 1480 for the subject property (see Figure 8\. Figure R-4 LOW APARTMENTS RMHMULTIPLE RESIDENCE HIGH DENSITY C-1 COMMUNITY RETAIL BUSINESS *! 57r� �L-!,,SINESS 18L�2�1 M-1 LIGHT INDUSTRY M-2 HEAVY INDUSTRY 8: Excerpt of Riverton Annexation Area zoning map from City of Tukwila Ord. No. 1508. Subject property is outlined in red. Lots 18-21 are zoned R-1 and lots 22-25 are zoned C-M. |n1SB5 the City of Tukwila began to rewrite its comprehensive plan and zoning code to conform bothe recently -adopted Growth Management Act. Ordinance no. 1757repealed ordinance no. 1479 (among others) and adopted the 1995COnnpreheDoive Land Use Plan and Map for the City ofTukwila. Ordinance no. 175Orepealed ordinance no. 14D1(among others) and overhauled Title 18 TMC (Zoning Code) and adopted a new zoning map. The zoning code amended the number and names of zoning districts in the city. R-1beoa0e LDR (Low Density Residential) and C-M became C/LI (Commercial/Light Industrial). Lots 18-25 appear to have been consolidated between the Riverton annexation in 1989 and the zoning map adoption in19S5. The lot consolidation did not affect the zoning boundary, resulting ina split -zoned lot. The zoning boundary was not changed in1S85,and the property remains split -zoned today. The existing trucking operation iSnonconforming tothe L[}R use requirements in Table 18-6. TK4C 18.08. andTK8O 18.10.020. Page 12 of Rezone West Portion uf Parcel No. 734560V760from LDRto CID Exhibit F:Project and Decision Criteria Narrative The Becker family sold the property in 2005b> C&O Wells, LLC C&OVVels. LLC sold the property toBlue Nile Holdings, LLCin2O16. Blue Nile Trucking, LUCcontinues tooperate a trucking business from the property. The initial zoning districts applied in 1888-1SO8dnnot appear to have been based on existing conditions oruses. The trucking business was h7active operation Vnthe site (having completed improvements inthe [n|d-1S7O8)atthe time. The character of the neighborhood has changed dramatically since zoning was initially applied and continues to nu0|ee to this day. Industrial uses have spread southward from the DuVvnnnioh Manufacturing Industrial Center /K8|C\ and GR-589. Asa result, residential development has occurred generally further tothe south ofthe site. EMarginal Way Shas become increasingly used for freight and other large vehicles. The evolution ofneighborhood character is a changed condition warranting an amendment to the zoning map. The amendment will also eliminate o split -zone condition, bring a legally -established nonconforming use into conformance with the TMC. and establish zoning more consistent with the conditions along E Marginal Way 3. 4^ The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience, and general welfare, and will not adversely affect the surrounding neighborhood, nor beinjurious tomthmrproper-ties in the vicinity in which the subject property is located. The requestwould extend the Commercial/Light Industrial (C/L|) boundary from the approximate center ofaparcel tninclude the full boundaries Cfthe parcel. The C/L|zone allows a number of commercial and light industrial uses that are consistent with the character ofEMarginal Way S'and nearby industrial uses. Impacts to neighboring residential properties are not anticipated. The residential neighborhoodgrown uparound the existing commercial/industrial business and the eastern portion of the property |ualready zoned C/L|. The rezone will not invite new uses that are not already allowed adjacent tothe residential area. Development requirements set forth inTMC Chapter 18.30."Comm erciaI/Lig ht|ndustria| (C/Ll)Oistrict,^establish appropriate buffers, increase setbacks comparedtQthose required under the LORzone, require landscaping scnaeningtooeperabathe{%L|uaas from residential development, and require a stream buffer from the east branch ofRiverton Creek. See Table 1.below, for 8comparison ofC/L|and L[)Rdimensional standards. /n addition to dimensional requirements, new developments must demonstrate adherence to performance standards, including standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke, and airborne pollutants; nose standards 'adopted inin Chapter 8.22 TMC; and State and Federal standards for water quality and hazardous materials. Review under the State Environmental Policy Act (SEPA) provides substantive authority to mitigate potential adverse environmental impacts for future development. Design review is required for any new development within 300 feet oforesidential zoning district, which would apply to the subject property. Design review is intended bzcreate well - designed dave|opnnentathedarehorOonioUmvxiththenotura|andnlannlade environments. Review criteria for C/L|developments are related tothe following topics: * Relationship ofstructure tosite; * Relationship of structure and site to adjoining area; ° Landscaping and site treatment; Page 13 of 15 75 Rezone West Portion of Parcel No. 7345000766 from 0Rto CILI Exhibit /�Project and Decision Criteria Narrative * Building design; and • Miscellaneous structures and street furniture. Chapter 18.60 TIVIC sets forth design review criteria that will protect the residential neighborhood. Design review is completed either administratively bvthe Director Vf Community Development o[quasi-judicially bvthe Board ofArchitectural Review. Design review can include conditions of approval to address any potential issues that arise during review. Table // Comparison nfCIL/and LDRdimensional requirements. Zoning Standard C/L|Zmme LDR Zone Development Area None 45% Setbacks toYards, * Front ° Second Front ° Sides ° Rear minimum * 25feet ° 15feet (near L[)R\ * 15feet (1stfloor near LOR) 2Ofeet (2nu floor near LDF{) 3Ofeet (3m floor near LDFl) ° 15feet /1 st floor near LDRU 20feet 2nufloor near LDR) 3Ofeet (3rdfloor near LDR) ~ 20feet ° 10feet p 5feet 10feet Height. maximum ' 4 stories or45feet OO feet Landscape Requirements ° Front • Sides ° Rear ° 15feet (near LOFl) * 15feet (near LDR) ° 15feet (near LOF) None Environmental remediation has been completed on the site and any land -disturbing activities are requiredtobocoo¢UnatadwibhtheDepart[neOtofE000gytoenaUnaanyremainng contamination i appropriately remediated. /\restrictive covenant has been recorded on the property to limit activities on the site to protect the environment and the public health, safety, and welfare. Conclusion The request, if approved, will rezone the western portion of parcel no. 7345600766 from Low Density Residential (LOR)toCommercial/Light Industrial (C/LU,thus removing the split -zone condition and recognizing the use that has occupied the site since atleast the1E}7Os, Metro is seeking the rezone to facilitate its use of the property. The responses to the decision criteria set forth in TMC 18.84.020 consider the rezone within the larger context of the City's plan for this area, including the full scope ofallowable uses within the C/L|zone. The same range ofuses js currently allowed VOthe east portion of the subject property and, with buffers, setbacks, and landscaping requirements, redevelopment to a conforming use would offer opportunities to address site conditions or potential impacts and result in a net benefit to the neighborhood. � The proposaliaconsistent with the Tukwila Comprehensive Plan, including goals inthe Community Image and Identity, EconomicDeve|opmeOt Natural Environment, and Residential Neighborhoods elements. The proposal protects eXistngc0rOnleno/a|8|ght industrial land and positions itfor future redevelopment. Redevelopment ofthe property will occur in conformance with development and environmental regulations, and presents Page 14off5 76 Rezone West Portion ofParcel No. 7345600766 from 0Rto CILI Exhibit F: Project and Decision Criteria Narrative significant opportunities to protect, enhance, or restore natural featuresThe rezone will e||rninst8asplit-zone condition and create aclearly defined boundary between residential and non-residential uses. • The proposal is consistent with Title 18 TMC in general and the purpose and intent of the C/L|zone set forth inChapter 1O.3OTMC. The property ioin anarea characterized byamix of commercial and light industrial uses and fronts along E Marginal Way G. o busy arterial. ° Conditions have changed since zoning was applied in 1988-1989 and updated in 1995. The character of the neighborhood has changed dramatically: industrial uses have expanded to the north, especially with the establishment of the Duwamish Manufacturing Industrial Center(K8/O). Residential development has occurred to the south and west, migrating away from the W1|C. E Marginal Way S has become increasingly used for freight and other large vehicles. * The proposal is protective of the public heaKh, safety, and welfare and will not adversely affect the surrounding neighborhood. Basic development standards, performance atandardo, and critical areas requirements mitigate potential adverse impacts to the residential neighborhood. Design review inrequired when new development occurs within 3O0feet ofaresidential zone, which will ensure the use and site design iSfully compatible with existing residential neighborhoods. Metro believes that this application den)oOatnaheethato-rezonBinconsiStentvvithandeatisfiee the approval criteria inTMC 18.84'020. Metro therefore respectfully r8queatsopproVo| of the rezone request. Page 15 of 15 77 78 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 12677 E. MARGINAL WAY S., TUKWILA, FROM SPLIT ZONE COMMERCIAL/LIGHT INDUSTRIAL (C/LI) AND LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL/LIGHT INDUSTRIAL ONLY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long-term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, as part of the City's 2018-2019 Comprehensive Plan docket of potential amendments, the City received an application for consideration of a change to the Comprehensive Land Use and Zoning Maps for the Metro Training Facility project, located at 12677 E. Marginal Way S. (the "Property"); and WHEREAS, the zoning on the Property is split, with part of the Property zoned Commercial/Light Industrial and the remaining part zoned Low Density Residential; and WHEREAS, the Applicant seeks to rezone the entirety of the Property to Commercial/Light Industrial to enable the Property to be used for a King County Metro Training Facility; and WHEREAS, the east fork of Riverton Creek flows across the northwest corner of the Property through an underground pipe, and TMC Section 18.45.110.B.5.g requires that "On properties being developed or re -developed, or when stream crossings in public or private rights -of -way are being replaced, existing culverts that carry fish - bearing watercourses or those that could bear fish (based on the criteria in WAC 222- 16-031, Washington Forest Practices Rules and Regulations), shall be upgraded to meet the standards in the WDFW manual "Design of Road Culverts for Fish Passage" (2003 or as updated) if technically feasible;" and WHEREAS, on January 23, 2019, the City mailed a Notice of Application to the surrounding property owners and tenants, and on April 17, 2019, held the required public meeting regarding the proposed rezone and change to the Zoning Code Map (Exhibit A); and W: Legislative Development\Rezone Metro property on E Marg Wy 4-24-19 MB:bjs Review and analysis by Barbara Saxton Page 1 of 3 79 WHEREAS, adjacent residents expressed concern about potential impacts to the stream and stream buffer located near the western half of the parcel; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act by making a determination on April 23, 2019 that no significant environmental impact would occur as a result of the Zoning Code Map change; and WHEREAS, notice of a public hearing was timely published in "The Seattle Times," posted onsite, and mailed to surrounding properties; and WHEREAS, on May 6, 2019, the City Council held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions and has determined the public interest will be served by approving the rezone application, which is in compliance with the City of Tukwila Comprehensive Plan's Land Use Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts Findings and Conclusions, attached hereto as Exhibit B and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved Subject to Conditions. The Property is located at 12677 E. Marginal Way S., Tukwila, Washington, in the block bounded by S. 128th St., 37th Ave. S., and S. 126th St. The site is further identified as King County tax parcel 7345600766, as legally described and shown in the attached Exhibit C. The site is hereby approved to be rezoned from a split zoning of Commercial/Light Industrial and Low Density Residential to Commercial/Light Industrial across the entire parcel, as shown in the attached Exhibit A, subject to the following conditions: 1. Within six years after the effective date of this ordinance, property owner shall implement a City -approved plan to daylight (or, if daylighting is not feasible, to upgrade the stream culvert for) the Type II stream located within a pipe on the western half of the property. The plan shall meet the standards in the Washington Department of Fish & Wildlife (WDFW) manual "Design of Road Culverts for Fish Passage" (2003 Edition, as it now reads or as hereafter amended). If daylighting or upgrading of the stream culvert is proven to be technically infeasible, the western portions of the Property located within the stream buffer area shall be planted with native plants that improve upon the original condition as part of a planting plan to be approved by the City. Additionally, the property owner shall remove all existing impervious surfaces located within the stream buffer within the six -year time frame. 2. Within 180 days of the passage of this ordinance, the applicant shall record against the site a covenant or other document, approved by the City, requiring compliance with Condition 1. 80 W: Legislative Development\Rezone Metro property on E Marg Wy 4-24-19 MB:bjs Review and analysis by Barbara Saxton Page 2 of 3 3. Failure to comply with Conditions 1 and 2 shall cause the change to the Zoning Code Map to be null and void, the subject property shall revert to the zoning immediately preceding passage of this ordinance, and any non -conforming use shall cease to exist and any subsequent use shall conform to the regulations specified by the Tukwila Municipal Code for the district in which such use is located. Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official Zoning Code Map to show the zoning change as authorized in Section 2 of this ordinance. Section 4. Corrections by City Clerk or Code Reviser. 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 5. 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 6. 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 , 2019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A, Zoning Code Map Exhibit B, Staff Report Exhibit C, Legal Description and Site Map W: Legislative Development\Rezone Metro property on E Marg Wy 4-24-19 MB:bjs Review and analysis by Barbara Saxton Page 3 of 3 81 82 SEATTLE Figure I➢�a Cwnnitini i etapmni Ar+e, in me Tukwila FN blrd Eunimr li�m_IIIit- ��1� �► 0lae loan m .l'matn d war nlparnl01 p+,m t+r moat honlean nark»ia hiamnLo alth tl Tukwila Urban Center Corridor Types — CammerdY Corridor ^....• Ram NYgbborha4d Ear1Wor - Walkable Corridor Few. Commode Corridor •ewe Tuhvga Pond E4plan4d4 Fob. Wallah". Corridor + + Noway Frontage Garrido' -++w»— urban Cortldor a-+w.. Workpla4. Could., N4lghborhoed Corridor .o*15 Futon Urban Corridor 00000u0 Fob'. MAW.. Corridor Zoning Districts, Overlays, and Sub -Areas City of Tukwila Comprehensive Plan & Zoning Map e e....A».a.mw cee...m...,.,te.easumea,ww.4emeee.. ,stseu This is a graphic representation or land use designations arignally adcptedby CiyCouncd on 12704195, Ipdaed through Ordinance 2452. Weans Dee F11.4 Del cripdon Old I 01119/1999 L580043 Dew. Comm..' Revnahao0n Areas wnhm the 1864 Tukw1M Iniernadonal Blvd Combo, 08/192002 L01-076 IORIo CLI (and removal of Public Recreation 0w;day) on parcel 0002800006, located onlmerurtan between 1992 135th 51 ands 140th St 114162004 L03-076 1DR&CILI0 MIChbatween Tukwila InternationalO9d and349 he 5 a15126th St 2059 12032007 L06-096 RCC to LER at 1442751. Ae S 2184 12032007 L07-067 MICMIo II between Easl Marginal Way S,5 Norfolk St and 150emg views Rd 2185 061382009 105029 Tukwila South OteHay Otsmcl Eslab0shed 2235 10,142009 109002 MDR to H0R at 34215 14 RhA 2255 10'192009 LOO-082 Esta0,46Ur04404oewal0*blay0lstncl in area bounded by 140h on the no hem edge, 371h Ave 5 onlheweslem edge, 5 14601 St on me soon and42nd 2257 Ae 50nne east 0saor2o 0 L09085 MICA. o 0 and LOR0o 0 on S1150 S1 2309 09202010 L10002 Chip MDR on Macadam Rd 5 a14300S 133rd51 2311 092442010 L10-034 Esubbli Zoning ConslmenlwahComp,ehenvte Plan 2312 Deugnaoons in T *Ma South Mnerzaon area 071182011 L10-015 111000LOR mlhe00ouiy[4380051150151 234E (Duwam411 Hd1 Presetke pregeny) 07/182011 L11.002 MICM1o11a110200 Eau Margme Way 5 2342 10202014 L14-0049 TUC 0HIy0N a Tukwila South Overlay 2452 I'y,,' Pu0lc Recreation Purley I LOR La. Den1HyRe6Wanllel IN 0 Office RCM Regio al Comma, ...Use [ .ry MILL M0Iwl0Hu,Mglnduel4e1 Cenler1.lgo rid TUGRC Tukwila Urban Center • Regional Center .- w war ManutedurlogMduslrlal Center 8nurdety'i yq� `-wY MDR Medium Density .0.CC Resdmllal GmmercMl Center tEU Leman mill Light indusldalt1eMiEM MsnWxtvring Mtluftriel CeMerMeevy Wye TUGCC UMW Ueban Eanlel.CommertleitwrWo[ Sea.n.�.w I «.awl TIP Urban Renewal Overlay 'Metric" i "<FnR WW1 OeneHY ReskeMMl � �} NEE NelghbaXeod Comnad ICenUr LI ltgbllMuflrMl iV& Tukwila Valley OouIX i � TUGWP Tpkwrla Urban Cenral •Wa,kpMce Tukwila south Overlay Owtrkl MVO MMetl Use pike � (y;p�y AC Regional Commerelel HI Hoary meuetrlal xi � TUEP Tukwlls mean Cents, Pend mat TU0400 Tukwila Ur ban Genie Transit Oriented Development nTukwila City UMW LVW' anwk Pelenllai Annexation Areas Shoreline Overlay (Approximately 200' each side of the river) 83 84 METRO REZONE LEGAL DESCRIPTION AND SITE MAP COMPREHENSIVE PLAN AND ZONING MAP CHANGE FILE L18-0114 4 y4 4 TpSP 1. T1SP 5ti-3.-SS 9 i01140d(y3 m; -AA! PART VP P TE 26TH ST „o• SITE LEGAL DESCRIPTION RIVERTON ADD ALL LOTS 18 THRU 25 Plat Block: 9 Plat Lot: 18 THRU 25 Quarter SW, Section 10, Township 23, Range 4 85 86 2018-2019 Comprehensive Plan Docket ap Change Review Criteria ap Change Request Site of Proposed Map Change Site of Proposed Map Change Background W Current Zoning - Split Zone LDR & C/LI Environmentally Sensitive Areas Environmentally Sensitive Areas co 0) Surrounding Development (0 v Public Comments sir f • r i • r.v- • scr it I. •sc. sir t• s - ' iv- rt r.t' rs.tt - sit ff rf•r r•v It . ri ! • f • -str t • r ' ;, II its (c rr t tr c 1 r v icI s str t I•-tr r1 s CO Conceptual Site Plan ' FRONT SETBACK, 12677 E. MARGINAL WAY S. E MPLE OF POTENTIAL USE & LAYOUT PARCEL LINE Conceptual Site Plan ACK -STORM DRAIN EASEMENT '! 2' STREAM IS ACK ,EAM BUFFER 251 FRONT -SETBACK OFFICE 12677 E MARGI AL AY S. MPLE OF POTENTIAL USE & YOUT Comprehensive Plan • Consistent with Comprehensive Plan's highest priority — Improve, sustain residential neighborhood quality and livability. • Does not disrupt single-family land use pattern • Buffer exists between single-family and impacts of commercial/mixed use in form of Type II stream Impacts • Increased setback and buffer requirements in TMC for C/LI properties adjacent to LDR properties ensures compatibility • Less intensive office uses proposed vs. existing (non -conforming) truck terminal • Ends current legally non -conforming use on property Staff Recommendation Conditions of Approval 1. Within six years of the effective date of this ordinance, property owner shall implement a City approved plan to daylight (or, if daylighting is not feasible, to upgrade the stream culvert for) the Type II stream located within a pipe on the western half of the property. The plan shall meet the standards in the WDFW manual "Design of Road Culverts for Fish Passage" (2003 or as updated). If daylighting or upgrading of the stream culvert is proven to be technically infeasible, the western portions of the Property located within the stream buffer area shall be planted with native plants that improves upon the original condition as part of a planting plan to be approved by the City. Additionally, the property owner shall remove all existing impervious surfaces located within the stream buffer within the three-year time frame. Conditions of Approval 2. Within 180 days of the passage of this ordinance, the applicant shall record against the site a covenant or other document, approved by the City, requiring compliance with Condition 1. 3. Failure to comply with Conditions 1 and 2 shall cause the change to the Zoning Map to be null and void, the subject property shall revert to the zoning immediately preceding passage of this ordinance, and any non -conforming use shall cease to exist and any subsequent use shall conform to the regulations specified by the Tukwila Municipal Code for the district in which such use is located. COUNCIL AGENDA SYNOPSIS MeetingDate Prepared by Mayor's rev' iv Council review 05 06/19 NG t ITE NFORMATION ITEM No. 5.B. & 6.B. STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 5/6/19 AGENDA ITFNI TITLE A Comprehensive (LDR) Estates Plan and Zoning map change request from to Tukwila Urban Center Commercial Corridor (TUC property at 17301 Southcenter Parkway. Low Density -CC) for the Tukwila Residential View CA I I:.G ORY Disci/is/on II ftg Date Motion Date 5/6/19 [1] Resolution ill ts, Date 0 Ordinance il Its Dale Ell Bid Amard Mg Date 0 Other Aftg Date 'I2 Public Heanns Mtg ANDate 5/6/19 SPONSOR Council EAlayor [1] R DCD EFinance flFire 71S P/iR Police PW Gird SP ONsoie S Tukwila may amend its Comprehensive Plan/Zoning map once per year. All of the SUMMARY applications received during the previous year are assembled and heard at the same meeting. A property owner submitted a request for a map change from LDR to TUC -CC. Following the required public hearing, the City Council may approve, modify or deny the request. Rkvt MUD BY E C.O.W. Mtg. 0 Trans &Infrastructure DATE: NA CDN Comm El Finance [1] Parks Comm. E Public Safety Comm. Comm. D Planning Comm. CHAIR: Arts Comm. COMNIII1EE RECOMMENDATIONS: SPONSOR/ADMIN. CONINIEITEE Department of Community Development Quasi -Judicial Item, no Committee COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 05 06/ 9 MTG. DATE ATTACHMENTS 05/06/19 Staff Report o City Council dated 4/29/ 9 with Attachments 107 108 Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director STAFF REPORT TO THE CITY COUNCIL 4/29/19 Hearing Date: May 6, 2019 Notification: Mailed to properties and residents within 500' radius Site Posted: 3/25/19 Notice published in the Seattle Times File Numbers: E18-0015 SEPA L18-0107 Comprehensive Plan Amendment and Rezone Applicant: Brad Decker Project Name: Tukwila View Estates Request: Change Comprehensive Plan and zoning designation from Low Density Residential (LDR) to Tukwila Urban Center Commercial Corridor (TUC -CC) Location: 17301 Southcenter Boulevard (Tax Parcel # 262304-9135) Comprehensive Plan: Low Density Residential (LDR) Zoning: Low Density Residential (LDR) SEPA Determination: Determination of Non -Significance issued April 22, 2019 Staff: Nora Gierloff, Deputy Director of DCD Attachments: A. Applicant's response to Decision Criteria B. Vicinity Map C. Wetland, Watercourse & Buffer Map SW 26/23/04 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 109 L18-0107 Staff Report Page 2 FINDINGS Background This application is part of the 2018-2019 annual docket for amendment of the Comprehensive Plan (the "Plan"). The purpose of an annual docket is to ensure that changes to the City's Plan are only considered once a year and that they are considered collectively for impact to the Plan. The Applicant is seeking to rezone 57,456-square feet of an 86,172-square foot lot located at 17301 Southcenter Boulevard (Tax Parcel # 262304-9135) (the "Subject Site") from Low Density Residential (LDR) to Tukwila Urban Center Commercial Corridor (TUC -CC), with corresponding Comprehensive Plan and Zoning map amendments, in preparation for future development. This non -project proposal is a quasi-judicial change to the land use designation on the Tukwila Comprehensive Plan and Zoning Code maps. If the rezone is approved, any TUC -CC use would be permitted subject to all City regulations. The Applicant has discussed plans for a parking lot or creating additional retail space. A Comprehensive Plan and Zoning Map depicting the Subject Site is below. The map shows existing Comprehensive Plan and Zoning designations with the Subject Site highlighted and the portion to be rezoned called out as "SITE". Existing LDR zoning is yellow, and existing TUC -CC zoning is pink. Figure 1 - Comprehensive Plan and Zoning Map 110 L18-0107 Staff Report Page 3 Site Information The Southcenter Subarea adjoins a steep, wooded slope up to the 1-5 Freeway that is zoned LDR. The Applicant is requesting that the southern part of a parcel on this slope be rezoned to match the adjacent commercial zoning, TUC -CC. This portion of the Subject Site appears to have been graded in the past and has a more gradual slope than property to the North, South and West. The Subject Site sits behind the row of existing buildings, has limited visibility and is accessed from a private easement between Chick-fil-a and Vitamin Shoppe. A portion of the western property line of the Subject Site is adjacent to the City of SeaTac. Utilities are available at the property line. The Subject Site contains environmentally sensitive areas, including a Type 3 watercourse with an 80-foot buffer (shown on the map below in blue ovals) that covers a large portion of the area to be rezoned. The Subject Site are contains Class 2 — Moderate landslide areas and Class 3 — High risk landslide areas. Figure 2— Map with Watercourse Buffers and Landslide Hazard Areas Zoning History This general zoning pattern —with the steeper portions of the hillside having residential zoning while the valley floor was zoned for commercial uses —has been in place, with varying boundaries, since at least 1977. When the Comprehensive Plan and city-wide zoning were revised in 1995, the entire hillside was zoned Low Density Residential and the flat portion was zoned Tukwila Urban Center. In 2014, the Southcenter Plan was adopted and the TUC zoning was split into subdistricts with the area along Southcenter Parkway zoned TUC -CC. 111 L18-0107 Staff Report Page 4 Public Comment On April 17, 2019, staff held a public information meeting for residents and property owners within 500 feet of the site. No one attended and no public comments were submitted during the comment period. Land Use The land uses to the east of the Subject Site reflect the zoning in a mix of retail and restaurants. The Subject Site and adjoining hillside properties are vacant. Photo 1 - Onsite looking west toward 1-5 112 L18-0107 Staff Report Page 5 Photo 2 - Onsite looking east to Southcenter Parkway Photo 3 - View of the Subject Site at the end of the access road Comprehensive Plan and Zoning Map Amendment Criteria The Applicant's response to the decision criteria is attached hereto as Attachment A. 1. The proposed amendment to the [Comprehensive Plan and] zoning map is consistent with the goals, objectives, and policies of the Comprehensive Plan 113 L18-0107 Staff Report Page 6 The Southcenter Element of the Comprehensive Plan defines the western boundary of the Southcenter District as the "toe of (the) west valley wall." The goals, policies and development standards for the subarea do not address the steep, wooded hillside where the Subject Site is located. The Natural Environment Element has the following goals: Watercourses and their buffers, ...., are protected from encroachment and degradation and improved through mitigation, enhancement, and restoration projects. (Goal 4.6) Potential impacts and liabilities associated with development in areas of potential geologic instability and coal mine hazard areas are minimized, erosion is prevented, and natural surface water features are protected from loss, disruption or channelization. (Goal 4-11) The mapped watercourse buffer constrains the majority of the area adjacent to the access road, see Attachment C. Developing the Subject Site in accordance with the more intensive proposed commercial zoning could create a conflict with the goal of protecting the watercourse and its buffer. In his response, the Applicant does not address the watercourse and landslide issues. Rather, the Applicant focuses on his belief that the Subject Site "has never been looked at properly," and "should not be zoned LDR" because there are no residential amenities within two miles of the Subject Site. However, Tukwila Pond Park is located a half mile away and the Green River and its trail are one mile away. The nearest school is Thorndyke Elementary which is two miles away and there are three grocery stores within a mile. In addition, the Applicant cites to Comprehensive Plan Policy 10.2.8, regarding ensuring adequate parking supply, but the Applicant has not pointed to a need for additional parking within this area. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title (the Zoning Code) and the description and purpose of the zone classification applied for. The proposed TUC -CC zoning would allow "auto -oriented retail and services in a manner similar to the existing patterns of development in the area." (TMC 18.28.040.B.4). As seen in the surrounding area, this development type is typically larger in size, taller in height, much more impervious and significantly more intensive than the single-family homes permitted in LDR. In contrast, the purpose of the Low Density Residential (LDR) district is "... to provide low - density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses." (TMC 18.10.010) Residential uses do not have the same need as retail for visibility from the street and its potential customers so the location 375 feet back from the Southcenter Parkway R-O-W with only a narrow view corridor between existing buildings better suits residential zoning. In 114 L18-0107 Staff Report Page 7 response to this criteria, the Applicant again cites to Comprehensive Plan Policy 10.2.8, regarding ensuring adequate parking supply, but has not pointed to a need for additional parking within this area. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning (and Comprehensive Plan) Map In 2014, the Comprehensive Plan and Zoning map were amended by dividing the Southcenter District into subareas and adopting new zoning standards. At that time, housing was allowed more widely throughout the District and 644 residential units have since been developed or are under construction. While these units are located to the north of Subject Site, the increase in residents will support additional residential amenities nearby, supporting the existing LDR zoning. In his response, the Applicant states that "the original zoning was done before any idea of mass transit or housing being built in the urban core of Tukwila;" however, the designation of the Southcenter Area as a PSRC-recognized Urban Center in 1995 was based on just those principles of dense, mixed use, transit served development. Furthermore, the Applicant has failed to identify any changed conditions since the current zoning became effective in 2014. 4. The proposed amendment to the [Comprehensive Plan and] Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience, and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located. The Applicant provided a geotechnical report for a nearby project, but it was located on a nearly flat site and did not address the stability of the hillside. Therefore, geotechnical issues constraining development of the Subject Site are unknown. Any sort of commercial development on the Subject Site would require grading, paving and likely tree removal. The parking stalls that the Applicant identified as a potential development option on the Subject Site would be at least 400 feet away from the entrances to the nearest buildings with no safe pedestrian pathways to connect them to those sites. Even if a parking lot were well lit, the adjacent buildings do not have windows facing that direction and it would be set back so far from the public street that it would have very little visibility to deter crime. The Applicant has not provided a conceptual site plan of the proposed parking lot or discussed how Crime Prevention Through Environmental Design principles could be applied to prevent this parking from posing a danger of personal and property crime to its users. In his response, the Applicant argues that the disruptive market forces currently affecting the retail sector would be partially offset by the flexibility of having additional parking available on the Subject Site. However, the Applicant has not provided any support for these assertions to demonstrate that the public health, safety, comfort, convenience, and general welfare will be furthered by the rezone. 115 L18-0107 Staff Report Page 8 CONCLUSIONS 1) Consistency with Comprehensive Plan The extension of the Southcenter District onto the adjacent hillside is inconsistent with the description and intent of the Southcenter Element of the Comprehensive Plan. The Subject Site is constrained by landslide hazards and a regulated watercourse that would be negatively impacted by more intensive development, conflicting with the Natural Environment Element of the Plan. The applicant did not address the environmentally sensitive areas in his response. 2) Consistency with Zone The LDR zone permits a low level of development intensity consistent with a wooded hillside containing a regulated watercourse hidden from the street by existing buildings. The effect of the proposed upzoning to an auto -oriented development pattern would be at odds with the environmental constraints of the Subject Site. 3) Changed conditions While there is a contrast between the types of development permitted on the Subject Site and the adjacent properties to the east, this has been the case for decades and the Applicant has not identified changed conditions that would justify the rezone. In fact, the housing that has been built in Southcenter over the last 5 years improves the residential climate in the area and supports retaining the Low Density Residential zoning. 4) Benefit to community A rezone of the Subject Site from LDR to TUC -CC to potentially use for new retail or parking has not been shown to be in the furtherance of the public health, safety, comfort, convenience, and general welfare, and could actually injure adjacent environmentally sensitive areas. Potential development suggested as an option by the Applicant of a distant, low use parking lot with poor visibility and no safe pedestrian access paths could invite car prowls and other crimes and not benefit customers or employees in the Southcenter area. The Applicant has not documented a parking shortage for the surrounding businesses that would be addressed by a new parking lot in this location. RECOMMENDATION Staff recommends denying the rezone request, thereby retaining the existing Low Density Residential (LDR) zoning and Comprehensive Plan designation on the Subject Site. 116 Comp Plan Amendment L18-0107 DECISION CRITERIA (TMC 18.84.020) The burden of proof that a change to the Comprehensive Plan and Zoning Maps are warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. This is a type 5 decision. It is a quasi-judicial decision made by the City Council who will decide your request using the criteria listed below. It is essential that you describe in a clear and precise manner why the change should be approved. You may submit other documentation in support of your proposal. Provide a written response that demonstrates how each of the following circumstances justifies a map change for your property: 1. The proposed amendment to the Comprehensive Plan and Zoning map is consistent with the goals, objectives, and policies of the Comprehensive Plan; This property, we believe, has never been looked at properly. It is currently zoned LDR (Low Density Residential) and we are requesting a change to TUC -CC (Tukwila Urban Core — Commercial Corridor). Changing from LDR to TUC -CC would help achieve the comprehensive plan's goals expressed in the following Sections: 10.2.7, "Development standards will consider the needs of land owners, developers, businesses, and the community." 10.2.8 "Parking. Ensure an adequate supply of parking for visitors, employees, residents and customers. Provide a variety of flexible regulations, strategies and programs to meet parking demands. On -going needs will also be assessed to ensure appropriate parking requirements and to encourage efficient and effective use of land in parking design." This site should not be zoned LDR. This is not in a single-family neighborhood district as shown on the map on page 145 (see attached) of the Comprehensive Plan. This site is within the Commercial Corridor District as defined in the District Map (see attached). There are no residential developments anywhere near this project nor are there any parks, schools, or family amenities within the two miles of the site This district was not intended to have any residential and should be rezoned to come into alignment with the Commercial Corridor District. 2. The proposed amendment to the Comprehensive Plan and Zoning map is consistent with the scope and purpose of the TMC Title 18, Zoning Code, and the description and purpose of the zone classification applied for; Yes. This rezone to TUC -CC will allow this site to fall within the surrounding zoning arid the intention of the designated Commercial Corridor as described in section 18.28.040, 8, 4 "TUC -CC" Commercial Corridor District. Southcenter Parkway will continue to feature auto - oriented retail and services in a manner similar to the existing patterns of development in that area" and as shown on District Map Figure16 (See attached map) and help achieve goals 10.2 7 and 10.2.8 of the Comprehensive plan. 3. There are chanaed conditions since the previous zonina ber:A.M.P_effentivP warrant the proposed amendment to the [Comprehensive Plan and] Zoning Map; 117 The original zoning was done before any idea of mass transit or housing being built in the Urban Core of Tukwila and the zoning did not change when the Comprehensive Plan was created. The Comprehensive Plan specifically calls out for this area to be a "Commercial Corridor District" in the Tukwila Urban Core. The Comprehensive plan prescribes only Transit Orientated development (TUC-TOD) in the TUC. The current zoning conflicts with vision statement of section 10 of the Comprehensive plan: "...areas of high quality housing near water amenities and within walking distance of the Sounder commuter rail/Amtrak Station and the new bus transit center.". The location is over 1.8 miles from the train, this is not "Transit Orientated". This zoning also creates a conflict with Section 3 and the goals of Family Sized Housing as detailed in the Comprehensive Plan, "with access to transit and proximity to schools, parks, and other child -oriented infrastructure". This site is more than 2.5 miles from the closest school and park and is only accessible through a private retail driveway and Southcenter Parkway, which is a designated Commercial Corridor. This, is far from "child oriented infrastructure". Furthermore, this site is an anomaly on Southcenter Parkway and in the Tukwila Urban Core (TUC) due to its Low Density Residential (LDR) zoning. The development of family housing in this area would create a micro neighborhood that does not fit with the character of the Commercial Corridor or the TUC and is in direct conflict with goals: 7.1.1 "Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi -family neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries.", 7.5.3 "Support single-family residential in -fill housing that is in harmony with the existing neighborhood...", 7.8 "Noise Abatement.. Residential neighborhoods are protected from undue noise impacts, in order to ensure for all residents, the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors." And 18.28.040, B. 4 "TUC -CC: Commercial Corridor District, Southcenter Parkway will continue to feature auto -oriented retail and services in a manner similar to the existing patterns of development in that area". 4. The proposed amendment to the Comprehensive Plan and Zoning map will be in the interest of and furtherance of the public health, safety, comfort, convenience, and general welfare; and will not adversely affect the surrounding neighborhood; nor be injurious to other properties in the vicinity in which the subject property is located. The current zoning calls for low density family housing, this would cause a conflict with the surrounding neighborhood that would adversely affect the retailers and the families that would be living in direct proximity to each other. Family residential mixed with traffic orientated retail would not be in interest of the public safety or improve the general welfare of the neighborhood. The change would best meet the public needs by expanding the retail opportunities for the TUC -CC area. This land is directly adjacent to the retail corridor and surrounded by retailers. The change in zoning would benefit the surrounding parcels by providing the flexibility for Tukwila to save its retail businesses. All Tukwila retail is adversely affected by, "The Amazon Effect", shoppers can go to a store and touch an item of furniture or clothing and then use their phones to purchase the same item on Amazon for less than the store can afford to sell it. Tukwila must be able to provide the retail stores what they need to be successful. Market forces are causing-EariTdiord's to diVIdeTaTger b-ulkise-sPaCes into smaller regular retail spaces 118 to accommodate service sector tenants who are Amazon resistant. Landlord's need the flexibility to provide parking for a restaurant or to go from bulk retail to regular retail in order to lease the space to successful retailers. The area is in a rapidly changing retail environment and Tukwila must be able to respond quickly to meet the needs of its Landlord's and their retailers. Landlords have watched the vacancy signs go up in large spaces and remain vacant for years due to zoning restrictions. We recognize the impact this has on the tax revenues for Tukwila. Landowners need more flexibility to attract the types of regional retailers that the comprehensive plan outlines. This property is zoned LDR which is a waste of valuable retail land. A change of zoning will allow landowners to develop this area into retail appropriate uses and thus enable the flexibility to lease to a larger pool of national and local retailers. 119 120 Districts Commercial Corridor tt Pond TillYerra Regional Center Transit Oriented Development Workplace Southcenter Plan Boundary I it I :7 •• I • I ; I ! 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".- : „,0 - ,.: - trarlder Blvd \ I Tr e c k Or:, ; 1 t : - c;1 .3Nigiiivtf- ''%!, --- kL- c) ro Ti I ...= ' 0- •Mtnler Blvd -,1! -..,,,...' - ---0 f I -0 . ...., , Por4"; ' TUKWILA COMPREHENSIVE PLAN - 2015 122 PAGE 7-5 VICINITY MAP LEGAL DESCRIPTION REZONE TO TUG -GC THAT PORTION OF PARCEL B, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER LOS-05, RECORDED UNDER KING COUNTY RECORDER'S FILE NUMBER 20061025c100010, RECORDS OF KING COUNTY, WASHINGTON, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B; THENCE N 00'50'36" E ALONG THE WEST MARGIN OF SAID PARGEL B, 111.&3 FEET TO THE BEGINNING OF SAID LINE; THENCE N 67°2613q" E, 31.0q FEET; THENCE N 76°32115" E, 61.22 FEET; THENCE N 11°13'40" E, 6q.36 FEET; THENCE S 8q °02'O2" E, 50.10 FEET; THENCE N 51 °06'45" E, 31.62 FEET; THENCE N 45 ° I3'21 " E, 32.72 FEET; THENCE N 35°Oq'Iq" E, q.51 FEET; THENCE 5 57°42'03" E, 11.33 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY MARGIN OF SAID PARCEL B, AND THE TERMINUS OF SAID LINE, SAID MARGIN BEING A CURVE CONCAVE TO NE SOUTHEAST HAVING A RADIUS OF 440.2& FEET, SAID POINT BEARING N 57°42'03" W FROM ITS RADIUS, AND LYING NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1'01'34 AN ARC DISTANGE OF 7.&& FEET FROM THE SOUTHWESTERLY CORNER OF PARCEL A OF SAID CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L06-05 THEREOF, 123 `i-Tukwila City Limits 0 00 Type 2 Stream Type 2 Stream in Pipe Type 3 Stream Type 3 Stream in Pipe Type 4 Stream Type 4 Stream in Pipe Type 2 Watercourse Buffer (100') Type 3 Watercourse Buffer (80') Type 4 Watercourse Buffer (50') NW 35/23/04 Potential Wetlands Type 1 Wetland Type 2 Wetland Type 3 Wetland Type 1 Wetland Buffer (100') Type 2 Wetland Buffer (80') Type 3 Wetland Buffer (50') SW Quarter 26/23/04 City of Tukwila Wetland, Watercourse & Buffer Maps Printed July 15, 2006 The mapping of areas of potential geologic instability is approximate. On site verification of topography & geology is necessary. Wetland sizes & locations are approximate only & watercourses shown on this map have not been surveyed. NE 35/23/04 1'=400' December 13, 2004 124 2018-2019 Comprehensive Plan Docket ap Change Request ap Change Review Criteria Site of Proposed Map Change Site of Proposed Map Change Background • The west hillside has had residential zoning while the valley floor has had commercial zoning since at least 1977 • In 1995 the hillside was zoned Low Density Residential and the valley floor was zoned Tukwila Urban Center • In 2014 subdistricts were zoned within the TUC • The request is to create split zoning with the southern, flatter portion of the parcel rezoned Environmentally Sensitive Areas W -10141144,2020814 Environmentally Sensitive Areas View of the Subject Site from Southcenter Parkway W Analysis ap Change Review Criteria ap Change Review Criteria it r Staff Recommendation COUNCIL AGENDA SYNOPSIS ---- -------- ----- -----------------Ini`iaC Meeting Date Prepared by Mayors rev v Counc preview 04/22/19 MD 05/06/ 19 MD E NFORMATION ITEM No. 6.C. STAFF SPONSOR: JACK PACE ORIGINAL, AGl NDA DATE: 4/22/ 9 AGENDA In YITrI'I,E An Ordinance/Development Agreement with Homestead C., RY 11 Discussion 04/22/19 Motion Meg Date ❑ Rejolution Meg Date Ff Ordinance ❑ Bid f1ward Mtg Date ►1 Public Hearing ❑ Other Meg Date Mtg Date Aftg Date 5/6/19 Meg Date 04/22/19 SPONSOR ❑Council ElMa or CHR tIDCDFinance Tire TS [PZFR Police CPII'T ❑Court SPONSOR'S The Council is being asked to review and Ordinance/Development Agreement with SUM, <\RY Homestead to develop affordable homeownership housing comprising of 18 compact single family homes on property located at 3118 S 140th St (King County parcel number 1623049060. REVIEW') BY El C,O.W. Mtg. Trans &Infrastructure DATE: 4/9/19 i 1 CDN Comm ❑ Finance Comm. Public Safety Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: QUINN C]Arts Comm. RECOMMENDATIONS: SPONSOR/ ADMIIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to C.O.W. for public hearing/discussion COST IMPACT / FUND SOURCE ExPI' NL?ITURE REQE'REI) AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/22/19 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 04/ 22/ 19 Informational Memorandum dated 4/ 1/ 19 Ordinance with Development with Attachments/Exhibits Minutes from the CDN meeting of 4/9/19 Powerpoint presentation 5/6/19 Ordinance in final form with attachments 139 140 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE PROPOSED RIVERTON CASCADE DEVELOPMENT AGREEMENT FOR KING COUNTY TAX PARCEL NUMBER 1623049060 WITH HOMESTEAD COMMUNITY LAND TRUST, A NON PROFIT CORPORATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.706.170, et seq. and Tukwila Municipal Code Chapter 18.86 authorize development agreements between the City and persons having ownership or control of real property in order to establish development standards to govern and vest the development, use and mitigation of real properties; and WHEREAS, the City of Tukwila and Homestead Community Land Trust wish to enter into a Development Agreement for King County tax parcel number 1623049060, a map and description of which are attached hereto as included in Exhibit 1; and WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a public hearing was conducted on the 22nd day of April 2019 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council, pursuant to this City Ordinance No.xxxx, approves this Development Agreement as proposed and authorizes execution of this Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Legislative Development\DA-Homestead housing project 4-23-19 MD:bjs Review and analysis by Barbara Saxton Page 1 of 2 141 Section 1. Riverton Cascade Development Agreement by and between the City of Tukwila and Homestead Community Land Trust, a copy of which is attached hereto as Exhibit 1, is hereby approved, and the Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Tukwila. Section 2. Corrections by City Clerk or Code Reviser. 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 3. 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 4. 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 , 2019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit 1: Development Agreement, plus its associated Exhibits A thru E W: Legislative Development\DA-Homestead housing project 4-23-19 MD:bis Review and analysis by Barbara Saxton Page 2 of 2 142 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND HOMESTEAD COMMUNITY LAND TRUST FOR THE RIVERTON CASCADE DEVELOPMENT I. PREAMBLE THIS DEVELOPMENT AGREEMENT is made and entered into this day of , 2019, by and between the City of Tukwila, a noncharter, optional code Washington municipal corporation, hereinafter the "City," and Homestead Community Land Trust, a nonprofit corporation organized under the laws of the State of Washington, hereinafter the "Developer." The Developer owns the Subject Property. The City and Developer are collectively referred to in this Agreement as the "Parties," and individually as a "Party." II. RECITALS WHEREAS, development agreements between a local government and a person having ownership or control of real property within its jurisdiction are authorized by RCW 36.70B.170(1)) and Chapter 18.86 of the Tukwila Municipal Code (TMC); and WHEREAS, a development agreement must set forth the Development Standards and other provisions that shall apply to, govern and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170(1)); and WHEREAS, pursuant to RCW 36.70B.170(1), a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW and the City's regulations, including but not limited to TMC 18.86.020, et. seq.; and WHEREAS, this Development Agreement by and between the City of Tukwila and the Developer (hereinafter the "Development Agreement" or "Agreement"), relates to the development known as Riverton Cascade, which is located at: 3118 South 140th Street, generally situated in the parcel behind the Riverton Park Methodist Church bounded on the south by S. 140th Street and on the west by Military Road, King County Tax Parcel Number 162304-9060 (hereinafter the "Subject Property"); and WHEREAS, the Developer is the owner of the Subject Property; and WHEREAS, the Developer desires to develop, in the City, an Affordable Homeownership Housing Project; and WHEREAS, the Developer desires to develop a housing project that incorporates sustainability measures in the interest of both environmental responsibility and to promote affordability through maximizing homeowners' ability to utilize renewable resources; and 1 143 WHEREAS, the Developer assures the City that it will invest in the development, own the land and manage the Project; is committed to involvement in the community; and has shown fiscal stability and long term commitment to its mission; and WHEREAS, the Developer intends to develop the Subject Property consistent with the City's Comprehensive Plan, wherein the City identifies that Tukwila has a shortage of housing affordable to larger families and for those households earning less than 80% of King County median income; and WHEREAS, Policy 3.3.3 of the Comprehensive Plan encourages the continued support of very low, low and moderate income housing as defined by King County income levels to address a Countywide need, by supporting regional affordable housing development and preservation efforts and this Project will provide affordable housing for low to moderate income households; and WHEREAS, the Developer's conceptual site plan for the Project is depicted on Exhibit C, but the City and Developer understand that except as provided for herein, the Project is subject to all City reviews and permits that may require the modification of the plan as contemplated herein; and WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing (RCW 36.70B.200); and WHEREAS, a public hearing for this Development Agreement was held on April 22, 2019, and the City Council approved this Development Agreement by Ordinance No. xxxx on NOW THEREFORE, in consideration of the mutual promises set forth here, the parties hereto agree as follows: III. AGREEMENT Section 1. The Project. The Project is the development and use of the Subject Property as an Affordable Homeownership Housing Project on approximately 62,291 square feet. The Project will consist of a 20-parcel unit lot subdivision of which 18 will be developed for Cottage -Style Single -Family Residences. The remaining two lots are for parking and for open common area. The parking parcel will consist of 36 parking spaces, some which are covered and have electric car charging stations. The open common area parcel will be located in the center of the homes and will include walkways, gardens, recreation and playgrounds. The 18 residences will be approximately 1,385 to 1,600 square feet per unit, two-story structures with a mix of 3- and 4- bedroom units. Section 2. The Subject Property. The Subject Property is legally described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by this reference. 2 144 Section 3. Definitions. As used in this Development Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section. a) "Adopting Ordinance" means the Ordinance which approves this Development Agreement, as required by RCW 36.70B.200. b) "Affordable Housing" means the standard HUD definition of low to moderate income (LMI) as defined by HUD. c) "Affordable Homeownership Housing Project" means a development in which at least 60% of the dwelling units will be sold at affordable sales prices to households earning less than 80% of Area Median Income as defined by HUD. d) "BARS" means the city of Tukwila's Board of Architectural Review. e) "Commons" means that open common area lot or parcel located in the center of the Residential Parcels and including walkways, gardens, recreation and playgrounds. f) "Cottage -Style Single Family Residence" means an individual unit within a grouping of small, single family dwelling units clustered around a common area and developed with a coherent plan for the entire site. g) "Council" means the duly elected legislative body governing the City of Tukwila. h) "Design Guidelines" means the Tukwila Design Manual, as adopted by the City. i) "Development Standards" means, without limitation, all of the standards listed in RCW 36.70B.170(3). j) "Director" means the City's Community Development Director. k) "Effective Date" means the effective date of the Adopting Ordinance. 1) "Existing Land Use Regulations" means the ordinances adopted by the City Council of Tukwila in effect on the Effective Date, including the adopting ordinances that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Subject Property, including, but not limited to the Comprehensive Plan, the City's Official Zoning Map and development standards (including without limit the amount and payment of impact fees imposed, reimbursement provisions, developer financial contributions, inspection fees and dedications agreed to in this Agreement consistent with RCW 36.70B.170), the Design Manual, the Public Works Standards, SEPA, Concurrency Ordinance, and all other ordinances, codes, rules and regulations of the City establishing subdivision standards, park regulations, and building standards. Existing Land Use Regulation does not include non -land use regulations, expressly including taxes. 3 145 m) "Home Owner" is the party who has acquired a portion of the Subject Property or a residential structure located on the Subject Property from the Developer who, unless otherwise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. The "Developer" is identified in Part III, Section 5 of this Agreement. n) "HOA" means homeowners' association. o) "Infrastructure Improvements" means access drive, parking lot and electrical, sewer, water, and stormwater connections. p) "Parking Parcel" means the parcel of land containing 36 parking spaces located on the western portion of the site. q) "Project" means the anticipated development of the Subject Property, as specified in Part III, Section 1, and as provided for in all associated permits/approvals, and all incorporated exhibits. r) "Residential parcel" means each lot that will contain a residence. s) "Vesting date" means the effective date of this agreement. Section 4. Exhibits. Exhibits to this Agreement are as follows: a) Exhibit A — Legal description of the Subject Property. b) Exhibit B — Map showing Subject Property. c) Exhibit C — Conceptual Site Plan of the Project. d) Exhibit D — Zoning Comparison Standards e) Exhibit E — Site Plan Lot Subdivisions Section 5. Parties to Development Agreement. The parties to this Agreement are: a) The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188. b) The "Developer" is Homestead Community Land Trust, a Washington nonprofit corporation, whose principal office is located at 412 Maynard Avenue South, Suite 201, Seattle, WA 98104. c) The "Home Owner." From time to time, as provided in this Agreement, the Developer may sell or otherwise lawfully dispose or transfer a portion of the Subject Property or a structure located on the Subject Property to a Home Owner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such portion of the Subject Property or structure located on the Subject Property. 4 146 Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the City has no interest therein except as authorized in the exercise of its governmental functions or as explicitly outlined in this Agreement. It is agreed among the parties that the Developer, and any and all contractors selected by the Developer, are not acting as agents of the City. Neither Developer nor City is, nor will they be deemed to be, for any purpose, the agent, representative, contractor, subcontractor or employee of the other by reason of this Agreement. Section 7. Effective Date and Term. This Agreement shall commence upon the effective date of the Adopting Ordinance approving this Agreement (a copy of which Adopting Ordinance shall be appended hereto upon passage), and shall continue in force for a period of five years from that date, unless extended or terminated as provided herein. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect, subject however, to post -termination obligations of the Developer or Landowner. Section 8. Terms. TMC Section 18.86.030 explicitly allows for flexibility in development standards applicable to a property developed under a development agreement to achieve public benefits, respond to changing community needs or encourage modifications that provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards. Pursuant thereto and during the term of this Agreement, the provisions of this Section set forth the development standards that differ from or supplement those standards set forth in the City's Existing Development Regulations. Accordingly, the following development standards shall apply to and govern and vest the development, use and mitigation of the Project in lieu of any conflicting or different standards or regulations elsewhere in the Existing Development Regulations. a) Density: There is no density standard in the City of Tukwila's LDR (Low Density Residential) development regulations, just a minimum lot size requirement of 6,500 square feet per lot. Under the LDR the Subject Property could house up to 9 lots (depending on lot layout and access). The proposed density of the development of the Project on the Subject Property will provide for 18 residential lots and each lot will hold one Cottage -Style Single Family Residence on it. The Project also includes a Commons parcel and a Parking parcel. See Exhibit C, "Site Plan," which shows the layout of the 18 residential lots, the Commons parcel and the Parking parcel. See Exhibit D, "Zoning Comparison Standards," for comparison of Project proposed Standards to current LDR Development Standards. b) Lot Dimension are shown in Exhibit E, "Site Plan Lot Subdivisions." The square foot area per lot is a reduction in minimum lot size from the LDR. The Project's residential lot sizes range from 1,367 to 2,214 square feet; see Exhibit E's Lot Subdivision Schedule Legend. The Commons lot is 9,189 square feet and the Parking lot is 13,481 square feet. Required lot width in the LDR zone is 50 feet. Lot width at the Project will be a minimum of 27 feet. 5 147 c) Setbacks: Required front yard setbacks in the LDR zone are 20 feet, and 15 feet from a porch or deck. The front yard setbacks for the Project will be minimum 2 feet, with an average of 7 feet. Front setbacks from porches or decks will be a minimum of 2 feet, with an average setback of 6 feet. Front yards will face the Commons lot or Parking lot. Required side yard setbacks in the LDR zone are 5 feet. Side yard setbacks for the Project will be 3 feet. Required rear yard setbacks for the LDR zone are 10 feet. Rear yard setbacks for the Project will be a minimum of 5 feet. d) Lot Coverage: Maximum lot coverage allowed in the LDR zone is 35%. Maximum lot coverage at the Project will be 75%. e) Parking: The project will have the Code required 36 onsite parking spaces. f) Private access road from the public street to the subject property shall be paved minimum 20 feet wide to support fire apparatus; unless waiver is obtained from the City's Fire Marshal and Director of Public Works. g) The required perimeter landscape buffer in the LDR zone is 10 feet for side and rear yards. This requirement will be waived for the access drive and pedestrian Safe Route to School pathway on the eastern property line and in the access easement over the Riverton United Methodist Church property. h) Subdivision: The entitlement process to be used for the Unit Lot Subdivision to create the Residential Parcels, Parking Parcel and Commons Parcel will be a process under TMC Section 17.14.060, provided that the review applies the development standards, vested land use regulations and other provisions contained in this Development Agreement in the event there are inconsistencies between the Development Agreement and TMC Section 17.14.060. j) Construction of the Infrastructure Improvements of the Project shall be commenced or bonded in accordance with TMC Section 17.24.030 within three years of the effective date of this Development Agreement, or this Development Agreement becomes null and void. The build -out time (certificate of completion of the last home) for the Project will be five years from the date of the subdivision approval. k) A Homeowners Association (HOA) will be created prior to the issuance of and shall become effective and operational immediately upon the first certificate of occupancy for a residence in the Project. The HOA will be responsible for the management of the association of the 18 homes, Commons and the parking lot. 1) Review process: The Project will apply for design review under the Board of Architectural Review (BAR). The BAR will apply this Development Agreement to their review of the Project and shall be the decision maker for design review; preliminary plat and final plat. 6 148 Section 9. Vested Rights. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Subject Property consistent with the Project described herein, Developer is assured, and the City agrees, that the development rights, obligations, terms and conditions specified in this Agreement, are fully vested in the Developer and may not be changed or modified by the City, except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented thereto by the Developer. Section 10. Major and Minor Modifications. Modifications from the approved permits or the exhibits attached hereto may be approved as outlined below: A. Minor Modifications. A proposed modification to the permits or exhibits shall be considered a minor modification if the proposal does not materially modify the size or scope of the Project as defined by the Agreement. The Mayor or his/her designee may approve minor modifications upon submission of a written application by the Developer describing the proposal in sufficient detail to determine whether the proposal qualifies as a minor modification. If the application does not provide sufficient information, the Mayor or his/her designee may request additional information from the Developer or reject the application. If the Mayor or his/her designee determines that the proposal qualifies as a minor modification, the modification may be administratively approved by noting the changes in Land Use File L19-0035. Minor modifications will include, but are not limited to, changes in the layout and location of houses on each lot, provided that the number of residential lots and the Commons and Parking lots remain the same. B. Major Modifications. A proposed modification to the permits or exhibits shall be considered a major modification if the proposal does not constitute a minor modification. If the Mayor or his/her designee determines that the proposal constitutes a major modification, the Developer shall submit the proposal for an amendment to this Agreement by following the process established by law for the adoption of a development agreement in accordance with Part IV, Section 15. Major modifications will include, but not be limited to, a change in the number of residential, Parking or Common area lots. C. The Mayor's determination on modifications shall be a final decision of the City for purposes of RCW 36.70C, the Land Use Petition Act. Section 11. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit applications under the City's Design Review. Nothing in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City and any of its officers or officials in complying with or applying Existing Land Use Regulations. Section 12. Existing Land Use Fees and Impact Fees. A. Land use and building permit application fees adopted by the City by ordinance as of the Effective Date of this Agreement may be increased by the City from time to time, and are 7 149 applicable to land use and construction permits and approvals for the Subject Property, as long as such fees apply to similar applications and projects in the City. B. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed in chapters 9.48, 16.04, 16.26 and 16.28 of the Tukwila Municipal Code, except that the Affordable Housing units will be granted an exemption from 80% of the applicable transportation, fire, and parks impact fees and Land Use, Building and Public Works permit fees, provided that they comply with the criteria in TMC Sections 9.48, 16,04, 16.26 and 16.28. Section 13. Building Permit Review. Provided that the Developer provides a bond or other surety device allowed in the Tukwila Municipal Code ensuring that the Infrastructure Improvements will be completed prior to construction of the Cottage Style Single Family Residences, the City agrees to review applications for building permits for the Project prior to the construction of Infrastructure Improvement. IV. GENERAL PROVISIONS Section 1. Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld provided that Developer is permitted to assign its rights to an LLC which is wholly owned by Developer. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Developer and the City. Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Section 3. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. Section 4. Termination. This Agreement shall expire and/or terminate as provided below: A. This Agreement shall expire and be of no further force and effect if the Developer fails to submit a complete building permit application for the Project within 5 year(s), if the Project construction is not substantially underway prior to expiration of such permits and/or approvals, or upon expiration of any building permit issued by the City. Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the City for any development. B. This Agreement shall terminate upon the expiration of the term identified in Part III, Section 7 or when the Subject Property has been fully developed, whichever first occurs, and all of the Developer's obligations in connection therewith are satisfied as determined by the City. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Agreement has been terminated. This Agreement shall 8 150 automatically terminate and be of no further force and effect as to any single-family residence, any other residential dwelling unit or any non-residential building and the lot or parcel upon which such residence or building is located, when it has been approved by the City for occupancy. C. This Agreement shall terminate upon the abandonment of the Project by the Developer. The Developer shall be deemed to have abandoned the Project upon written notice to the City of the intent to abandon. D. This Agreement may terminate pursuant to Part IV, Section 3, "Severability," or Part IV, Section 10, "Default," or as otherwise outlined in this Agreement. Section 5. Effect upon Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the Subject Property, any other conditions of any other development specified in the Agreement to continue after the termination of this Agreement or obligations to pay assessments, liens, fees or taxes. Section 6. Effects upon Termination on City. Upon any termination of this Agreement as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant to then -existing planning and zoning laws). Section 7. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Agreement by any party in default hereof. Section 8. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Western Washington. Section 9. Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, the prevailing party shall be entitled to an award of attorneys' fees. Section 10. Notice of Default/Opportunity to Cure/Dispute Resolution. A. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have 30 days from receipt of written notice in which to cure the alleged breach unless the Parties agree, in writing, to additional time. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon 9 151 providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the cure period, or (b) the conclusion of any dispute resolution process. B. After notice and expiration of the cure period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party or Landowner to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs as provided in the Tukwila Municipal Code for violations of this Development Agreement and the Code. C. Within 14 days of either party providing notice of an alleged breach, Developer shall notify any lenders with lien rights on the Property of the alleged breach, and provide them with a copy of the notice of alleged breach. Section 11. No Third -Party Beneficiaries. Except as provided herein, this Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. Except as provided herein, no other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. Section 12. Integration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. Section 13. Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. Section 14. Coyenants.Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. Section 15. Amendment to Agreement; Effect of Agreement on Future Actions. This Agreement may be amended by mutual consent of all of the parties, provided that any such amendment shall follow the process established by law for the adoption of a development agreement (see, RCW 36.70B.200). However, nothing in this Agreement shall prevent the City 10 152 Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations affecting the Subject Property during the term of this Agreement, as the City Council may deem necessary to the extent required by a serious threat to public health and safety. Nothing in this Development Agreement shall prevent the City Council from making any amendments of any type to the Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations relating to the Subject Property upon termination of this Agreement. Section 16. Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Agreement as provided herein. Section 17. Notices. Notices, demands, correspondence to the City and Developer shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the parties as designated in Part III, Section 5 or upon hand -delivery. Notice to the City shall be to the attention of the City Administrator, City Attorney and City Clerk. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 18. Reimbursement for Agreement Expenses of the City. Developer agrees to reimburse the City for actual expenses incurred over and above fees paid by Developer as incurred by City directly relating to this Agreement, including recording fees, publishing fees and reasonable staff and consultant costs not otherwise included within application fees. This Agreement shall not take effect until the fees provided for in this section, as well as any processing fees owed to the City for the Project are paid to the City. This Agreement shall be terminated if the Developer does not pay to the City the fees provided for in this section. Upon payment of all expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees shall be paid, at the latest, within 30 days from the City's presentation of a written statement of charges to the Developer. Section 19. Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Section 20. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner to challenge this Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or Landowner(s). In such event, Developer and/or such Landowners shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer and/or Landowner shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. 11 153 Section 21. No Presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. Section 22. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. Section 23. Recording. Developer shall record a Memorandum of this Agreement with the King County Auditor, pursuant to RCW 3 6.70B.190, no later than 14 days after the Effective Date. Section 24. Legal Representation. In entering into this Agreement, Developer represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. Section 25. Transfers and Assignments. A. Binding. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Developer and upon the City. B. Assignment. The parties acknowledge that the Project may be assigned or transferred to a sole member limited liability company who will own and/or develop the Property, common area and buildings thereon. Upon the transfer under this Section, the transferee shall be entitled to all interests and rights and be subject to all obligations under this Agreement, and Developer released of liability with respect to such portion as has been assigned and assumed. i. Transfers Not Requiring Consent. Developer shall have the right to assign or transfer all or any portion of the respective interests, rights or obligations under this Agreement or in the Project to a sole member limited liability company acquiring an interest or estate in all or any portion of the Property, including transfer of all interests through foreclosure (judicial or nonjudicial) or by deed in lieu of foreclosure, without notice or consent from the City, if the transfer is within the scope of one of the following: (a) any property that has been established as a separate legal parcel, provided that the transferee assumes in writing all obligations of Developer pertaining or proportionate to the parcel being transferred, and the transferee has not breached a similar written agreement with, or obligation to, another municipal corporation; or (b) a transfer where Developer has bonded for, or provided other suitable assurance of performance, of all conditions set forth in the Agreement that are applicable to the parcel that is being transferred. 12 154 ii. Transfers Requiring Consent. Any transfer that is not within the scope of Part IV, Section 1, shall not release Developer from its obligations under this Agreement unless the City has consented in writing to such transfer. The City shall not unreasonably withhold, condition, or delay its consent, and in the event the City withholds, conditions, or delays consent, the City shall provide express findings therefore. The City agrees to cooperate in executing such documentation as reasonably necessary to evidence any obligations under this Agreement that have been satisfied with respect to a piece of Property that is proposed for transfer. iii. Release of Liability. If the conditions for assignment are met under this subsection, then from and after the date of transfer, Developer shall be released of all liabilities and obligations under this Agreement that arise in relation to events occurring after the date of transfer and that are associated with the portion of Property being transferred. Section 26. Estoppel Certificate. Within 30 days following any written request which any party or a Mortgagee may make from time to time, the other party to this Agreement shall execute and deliver to the requesting person a statement certifying that: (a) this Agreement is unmodified and in full force and effect, or stating the date and nature of any modification; and (b) to the best knowledge of the certifying party (i) no notice of default has been sent under Part IV, Section 10 of this Agreement or specifying the date(s) and nature of the notice of such default; and (ii) no written notice of infraction has been issued in connection with the Project. Failure to deliver such statement to the requesting party within the 30-day period shall constitute a conclusive presumption against the party failing to deliver such statement that this Agreement is in full force and effect without modification (except as may be represented by the requesting party) and that there are no notices of default nor infraction (except as may be represented by the requesting party). The delivery of an estoppel certificate on behalf of the City pursuant to this section shall be deemed an administrative matter and shall not require legislative action. The City shall not have any liability to the requesting party or to any third party for inaccurate information if it provides the estoppel certificate in good faith and with reasonable care. Section 27. Delays. If either party is delayed in the performance of its obligations under this Agreement due to Force Majeure, then performance of those obligations shall be excused for the period of delay. Section 28. Severability. Invalidation or unenforceability of any provision of this Agreement shall in no way invalidate or nullify the balance of this Agreement. If any provisions of this Agreement are determined to be unenforceable or invalid by a court of competent jurisdiction, then this Agreement shall thereafter be modified to implement the intent of the parties to the maximum extent allowable under law. If a court finds unenforceability or invalidity of any portion of this Agreement, the parties agree to seek diligently to modify the Agreement consistent with the court decision, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this Agreement has been completed. If the parties do not mutually agree to modifications within 45 days after the court ruling, then either party may initiate the dispute resolution proceedings in Part IV, Section 10.A for determination of the modifications which implement the intent of this Agreement and the court decision. 13 155 IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be executed as of the dates set forth below: OWNER/DEVELOPER: CITY OF TUKWILA By By Its STATE OF 'WASHINGTON ) ) ss. COUNTY OF Mayor ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney On this day of , 2019, before me personally appeared , to me known to be the individual that executed the within and foregoing instrument, and acknowledged the said instrument to be his/her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: 14 156 STATE OF WASHINGTON ) ) ss. COUNTY OF On this personally appeared ay of , 2019, before me , and said person acknowledged that he/she signed this instrument, on oath stated that acknowledged as the voluntary act of said party for the uses and he/she was authorized to execute the instrument, and of the City of Tukwila to be the free and purposes mentioned in this instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: 15 157 158 EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE EAST 216 FEET IN WIDTH OF THE FOLLOWING: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF, 695 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE WESTERLY, ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION, 620 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE ORIGINAL OLD MILITARY ROAD; THENCE SOUTHEASTERLY ALONG SAID ORIGINAL LINE, TO ITS INTERSECTION WITH THE EASTERLY LINE OF THE NEW LOCATION OF MILITARY ROAD AS NOW LAID OUT AND ESTABLISHED; THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE OF NEW LOCATION OF MILITARY ROAD, TO ITS INTERSECTION WITH A LINE 300 FEET SOUTH OF AND PARALLEL TO THE FIRST COURSE OF THIS DESCRIPTION; THENCE EASTERLY ALONG SAID PARALLEL LINE, 510 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTHERLY ALONG SAID EASTERLY LINE, 300 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION, IF ANY, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 16, SOUTH "01°40'11" WEST 673.42 FEET FROM THE EAST QUARTER CORNER THEREOF; THENCE NORTH 89°52'59" WEST 619.26 FEET, MORE OR LESS, TO THE EASTERLY LINE OF MILITARY ROAD AND THE TERMINUS OF SAID DESCRIBED LINE; TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 16, DISTANT SOUTH 01°40'11" WEST, 663.42 FEET FROM THE EAST QUARTER CORNER THEREOF; THENCE CONTINUING SOUTH 01°40'11" WEST 10 FEET; THENCE NORTH 89°52'59" WEST 619.26 FEET, MORE OR LESS, TO THE NORTHEASTERLY MARGIN OF MILITARY ROAD AS ESTABLISHED ON JULY 3, 1962; THENCE NORTHWESTERLY ALONG SAID MARGIN TO A POINT WHICH BEARS NORTH 89°52'59" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 89°52'59" EAST TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16; THENCE SOUTH 01'40'11" WEST ALONG THE EAST LINE OF SAID SUBDIVISION 673.42 FEET; THENCE NORTH 89°52'59" WEST 216.08 FEET TO A POINT 216 FEET FROM, SAID EAST LINE, AS MEASURED AT RIGHT ANGLES; 159 THENCE CONTINUING NORTH 89°52'59" WEST 3.00 FEET TO THE TRUE. POINT OF BEGINNING; THENCE CONTINUING NORTH 89°52'59" WEST 395.57 FEET, MORE OR LESS, TO THE EASTERLY LINE OF MILITARY ROAD; THENCE NORTH 19°45'42" WEST ALONG SAID EASTERLY LINE OF MILITARY ROAD 12.73 FEET; THENCE SOUTH 89°42'01" EAST 400.19 FEET; THENCE SOUTH 01°40'11 WEST 10.70 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. 160 EXHIBIT B VICINITY MAP 161 162 PHASE 1 & PHASE 2 PHASE 1 HOMESTEAD UNITS NEW CONSTRUCTION (6) 3 BEDROOM (5) 4 BEDROOM TOTAL: 11 SINGLE FAMILY HOMES PHASE 1 NEW PARKING ON SITE: 36 NEW STALLS (21) REGULARS (11) COMPACTS (2) ADA (2) CHARGING. STATION CHURCH SITE: 10 NEW STALLS (10) REGULARS CHURCH. EXIST PARKING: 30 RESTRIPE (19) REGULARS (11) COMPACTS TOTAL: 76 STALLS PHASE. 2- HOMESTEAD UNITS _. NEW CONSTRUCTION (5) 3 BEDROOM TOTAL: 5 SINGLE FAMILY HOMES PHASE 2 NO ADDITIONAL PARKING PARKVIEW UNITS (PHASING TBD', (2)4 BEDROOM GRAND TOTAL 18 SINGLE FAMILY HOMES 76 STALLS SEE PAGE BA FOR LOT SUB DIVISIONS IN DETAILS w z cc K EXHIBIT C STRAIGHTEN EXIST PATH OF HOSE -FIRE SAFEWALK/EASEMENT STRUCK TO BLDG (150' MAX,) LOT 15 LOT 14 5' SIDE SETBACK "PROPS PHASE 2 OT 13 10' REAR SETBACK LOT LINE, TYP. PLAYGROUND. - FIRE HYDRANT 20` FRONT SETBACK EXIST SAFEWALK/EASEMENT TO REMAIN EXIST LANDSCAPE BUFFER WITH. CEMETARY DRIVEWAY TO CHAIN LINK AT 3' TALL / REMAIN 36 NEW LOT 9 STALLS PARKING PARKING. LOT 2 FIRE HYDRANT TO ' «p FURTHEST BLDG 147 FT. FURTHEST WALL - 220 FT PROPERTY LINE CHARGING STATION • 0§0E00::01 O.O;O +' cuaoRr I. souR L `LOT20' (v`f COURTYARD COMMUNITY GA BErin7 .0=,091. HEDGE OR 5' SIDE LANDSCAPE SCREEN SETBACK 30 + RESTRIPE _ - EXIST PARKING MODULATION PROPOSED PHASE 1 + 2 SITE PLAN DETAIL RIVERTON CASCADE HOMEOWNERSHIP PROJECT EXIST SAFE WALK TO REMAIN s:mesnlno .0 10 NEW STALLS PARKING ENRANCE EXIST CHURCH PROPOSED SITE PLAN DETAIL ARCHITECTURAL ALLIANCE 8 164 EXHIBIT D Comparison of Current Riverton Cascade Proposal to Zoning Standards LDR Development Standards — TMC 18.10.060 Landscape — TMC 18.52.030 Standard Current Code Proposed @ Riverton Lot area, minimum 6,500 sq. ft. 1,310 sq. ft. Dwelling Units per Acre LDR 6.7 du/net acre 12.6 du per net acre Average lot width (min. 20 ft street frontage width), minimum 50 feet 29 feet (min 27 ft width) Development Area, maximum (only for single family development) 75% on lots less than 13,000 sq. ft. up to a maximum of 5,850 sq. ft. 75% Maximum 1,500 sq. ft. Setbacks to yards Setbacks from property line • Front 20 ft 2 ft, Average 7 ft, Facing Internal Commons or Parking Lot • Front, decks or porches 15 ft 2 ft, Average 6 ft, Facing Internal Commons or Parking Lot • Second front 10 ft 5 ft • Sides 5 ft 3 ft • Rear 10 ft 5 ft facing school, 10 ft facing private lot line Housing Type LDR Single Family Single Family Cottage House Size HOP Duplex 1,500 Max 1,350 SF, 1,500 SF, Height, maximum LDR 30 ft 30 ft Off-street parking LDR & MDR 2 spaces - 3 bedroom house 3 spaces - 4 bedroom house Housing Options Program 1.5 spaces up to 1,000 SF 2 spaces over 1,000 SF 36 On Site/18units w/2 Spaces per unit Maximum building footprint LDR 35% of lot area 75% maximum, average 60% of lot area Parking Lot Landscape Area of Landscape 15 sq ft per stall 15 sq ft per stall, 5 ft wide islands Supplemental Development Standards — TMC 18.50.050 Standard Proposed @ Riverton Set upon a permanent foundation Meets Code Thermally equivalent to State's energy code Exceeds Code 165 Exterior siding residential ioappearance Meets Code Front door facing the front orsecond front Faces parking orcommon open space Roofing material residential inappearance with nn|ninnunn roof pitch 5:12 Meets Code 166 PHASE 1 & PHASE 2 PHASE I•• HOMESTEAD UNITS NEW CONSTRUCTION (6) 3 BEDROOM (5) 4 BEDROOM TOTAL: 11 SINGLE FAMILY HOMES PHASE 2- HOMESTEAD UNITS NEW CONSTRUCTION (5) 3 BEDROOM TOTAL: 5 SINGLE FAMILY HOMES PHASE 2- PARKVIEW UNITS (2) 4 BEDROOM EXISTING PROPERTY LINES — — • • — PROPOSED SUB DIVISION LINES - SETBACKS LOT SUB DIVISIONS SCHEDULE LEGEND LOT # LOT USAGE PARTNERS PHASES LOT SF BLDG FOOTPRINT BLDG SF 1 4BR HS 1 1488 750 1500 2 3BR HS 1 1367 667 1385 3 4BR HS 1 1581 750 1500 4 3BR HS 1 1377 667 1385 5 4BR HS 1 1938 750 1500 6 3BR HS 1 1628 667 1385 7 3BR HS 1 1391 667 1385 4BR HS 1 1566 750 1500 9 3BR HS 1 1499 667 1385 10 48R HS 1 1690 750 1500 11 3BR HS 1 1445 667 1385 12 3BR HS 1 1418 667 1385 13 3BR HS 1 1593 667 1385 14 3BR HS 2 1972 667 1385 15 3BR HS 2 1458 667 1385 16 4BR PV 2 2214 1393 1393 17 4BR PV 2 2214 1393 1393 16 3BR HS 2 1566 667 1385 19 PARKING HS 1 13481 20 COMMONS HS 1 9189 21 SAFE WALK HS 1 5511 22 WEST LEG OF PROPERTY HS 1 4665 23 TOTAL 62291 PV=PARKVIEVV HS=HOMESTEAD BLDG=BUILDING SF=SOUARE FOOTAGE OMESTEAD C001111UttIty t-3,11.1 Trost EXHIBIT E z cc Lu 0 EC 0. LOT 16 1566 SE PHASE 2 2214 SF PHASE 2 LOT 17 PARKVIEW s,t• LOT 16 PARSHEVV, 2214SP LOT 15 1488 SF PHASE 2 5SIDE SETBACK MAUSOLEUM PR_OP 10' REAR SETBACK LOT LINE, TYP. LOT 12 1431 SF PHASE 2 .2.3 L 1488 SF 261 FT 13,800SP 9022 SF 3r LOT 10 1206 SF : PHASE 1 I 20' FRONT SETBACK EXIST SAFEVVALK /EASEMENT TO REMAIN LANDSCAPE BUFFER WITH CHAIN LINK AT 3' TALL LOT 19 PARKING LOT 20 COURTYARD 2 LOT 9 1512 SF PHASE, LOTS /681SP PHASE 1 :1; ----- PROPERTY LINE LANDSCAPE SCREEN WITH TRELLIS SITE PLAN LOT SUB DIVISIONS RIVERTON CASCADE HOMEOWNERSHIP PROJECT 1ff I 1935 SF PHASE 1 ; 3V LOT 6 1648 SF Passes! 5 SIDE SETBACK PROPOSED SITE PLAN SUBLOT P 1P 20 40. ARCHITECTURAL ALLIANCE 168 COUNCIL AGI-WDA Sv2voPsIs MeetiqDate 05/06 9 Prepared It)/ LH Mayor's review Council review LSI ITER INFORMATION ITEM No. 7.A. S'FAI,I7 SPONOR LAUREL Hu PHREY ORIGINAL AGENDA DATE: 5/6/19 AGENDA ITEM TITLE A Resolution honoring Patti Southard 11_] Motion Mg Date E Ordinance Meg Date E. Bid Award Meg Date El Public Heathg A 11. Date 11 Other Alts Date CATEGORY • DeRit,Lizon a R 0.1 o/taio n ilitg Date Mg Date 5/6/19 SPONSOR Council EMeyor El R EDCD Fenane DFne L1TS OP&R Po/we LIIPIV lJCouei SPoNsoit'S The City Council requested a resolution honoring the memory of Patti Southard and her SUMMARY contributions to the City of Tukwila. RI,vil,,W1:1) BY C.O.W. Mtg L CDN Comm [1] Trans &Infrastructure Arts Comm. DATE: . Finance Comm. 0 Public Safety Comm. Comm. El Planning Comm. CHAIR: El Parks COMMITTEE RECOMMENDATIONS: SpoNsolt/ADmIN, CommiTTEE COST IMPACT / FUND SOURCE Exp[NDyruitE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 5/6/19 Resolution 169 170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HONORING THE MEMORY OF PATTI SOUTHARD AND HER CONTRIBUTIONS TO THE CITY OF TUKWILA. WHEREAS, with the passing of Patti Southard the City of Tukwila has lost a devoted advocate as well as a dear friend; and WHEREAS, Ms. Southard's passion and expertise for green building, sustainability and social justice made her a pillar of the region's green building community; and WHEREAS, Ms. Southard pioneered incentives and solutions leading to the mainstreaming of green building; and WHEREAS, Ms. Southard led King County's "GreenTools" program as a two-time Harvard "Bright Ideas" award recipient, and through this work always included Tukwila as a partner in regional and national discussions; and WHEREAS, Ms. Southard was a leader in raising regional awareness of the suburbanization of poverty and the associated challenges faced by communities in small cities; and WHEREAS, Ms. Southard was influential in supporting the Congress for New Urbanism's Legacy Project in Tukwila; and WHEREAS, Ms. Southard volunteered her time and expertise with Action Tukwila and was instrumental in the success of the "Come Sit at Our Table" community potluck in August 2016; and WHEREAS, the enthusiasm, vibrancy, and compassion of Patti Southard are immeasurably missed by her family and friends; and WHEREAS, the City of Tukwila and King County have lost a community leader characterized by honesty, equity, environmental sustainability, energy, and love; W:\Legislative Development\Honoring Patti Southard 4-26-19 LH:bjs Review and analysis by Barbara Saxton Page 1 of 2 171 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: We express our deep appreciation and sincere condolences to all those who knew and loved Patti, and we request that a signed copy of this resolution be prepared for presentation to the Southard family. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Dennis Robertson, Tukwila City Council Rachel B. Turpin, City Attorney Verna Seal, Tukwila City Council Filed with the City Clerk: De'Sean Quinn, Tukwila City Council Passed by the City Council: Resolution Number: Kate Kru ler, Tukwila City Council Thomas McLeod, Tukwila City Council Zak !clan, Tukwila City Council W:\Legislative Development\Honoring Patti Southard 4-26-19 LH:bjs Review and analysis by Barbara Saxton 172 Page 2 of 2 COUNCIL AGENDA SYNOPSIS Initials ------------ ---------- - - ----- AfeetingDate Prepared by Mayor's review Council review 05/06/19 CT ITEM INFOR A 10 ITEM No. 7.B. STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 0 06 19 AGENDA Imii TITLE Tukwila City of Opportunity Scholarship Recipient Recommendations CATEGORY Discussion 05/06/19 K Motion Date 05/06/19 [I] Resolution Mt Date [1] Ordinance Mtg Date E] Bid Award Aftg Date El Public Hearing Mtg Date El Other Mtg Date Al,:g Date Mg SPONSOR Council V4Mayor EHR IDCD LFinance tFirc LJTS DP&R LjPolue EPtV Llcouei SPONSOR'S The Scholarship Selection Committee is recommending scholarships be awarded to Sydney SUMMARY Brusnighan and Makelle Mills. REVIEWED BY Ell C.O.W. Mtg. CDN Comm EI Finance Comm. E Trans &Infrastructure E Arts Comm. E Parks Comm. DATE: COMMITTEE CHAIR: ril Public Safety Comm. • Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $10,000 $10,000 $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 0 06 19 MTG. DATE ATTACHMENTS 05/06/19 Informational Memorandum dated 04/19/ 9 Applications 173 174 TO: City of Tukwila INFOR ATI City Council NAL E ORANDU Allan Ekberg, Mayor FROM: Scholarship Selection Committee: Mayor Allan Ekberg, Council President Kathy Hougardy, Cheryl Thompson, Executive Assistant, Jenni Standard, College and Career Counselor Foster High School DATE: April 19, 2019 SUBJECT: Tukwila City of Opportunity Scholarship Recommended Recipients BACKGROUND In 2014 the City of Tukwila created the Tukwila City of Opportunity Scholarship program to provide financial assistance to high school seniors living in Tukwila to assist them in continuing their education beyond high school. The resolution adopting the Tukwila City of Opportunity Scholarship allocates $10,000 per calendar year for scholarship awards with each award being no less than $1,000 and no more than $5,000 each. This year we advertised the scholarship on the City's website, on Channel 21, Scholarships.com and TheWashBoard.org. DISCUSSION The deadline to apply for the City Scholarship is March 31 each year. This year we only received one application by that date. Rather than allow allocated funds to go unused, we extended the application deadline to April 12, 2019. By extending the deadline this shortened the timeframe to bring this before Council. Therefore, with the agreement of Council President Hougardy, we are bringing the recommendations directly to the full Council at the May 6, Regular Council Meeting. The Scholarship Selection Committee comprised of Mayor Allan Ekberg, Council President Kathy Hougardy, Cheryl Thompson, Executive Assistant, and Jenni Standard, College and Career Counselor at Foster High School reviewed the two applications. As the applicants met the requirements for the City Scholarship the Committee is recommending scholarship awards for them both. RECOMMENDATION Based upon review of the applications, we are recommending the following scholarship awards be approved: • $5,000 each to Sydney Brusnighan and Makelle Mills. Scholarship recipients will be invited to the June 3 City Council meeting to be recognized by the Council. ATTACHMENTS Scholarship applications for Sydney Brusnighan and Makelle Mills 175 176 First Name: The City of Opportunity, the Community of Choice. Tukwila City of Opportunity Scholarship Application S‘011E`i Mailing Address: City, State, Zip: Primary Phone: Email: Last Name: 6 RAJS AicqH/iN Secondary Phone; Please attach the following financial documentation: • FAFSA Student Aid Report (SAR) I certify that the above information is true and correct and that all income is reported. I understand that this information is being given for the receipt of a scholarship; that City of Tukwila officials may verify the information on the application; and that deliberate misrepresentation of the information may subject me to prosecution under the applicable State and Federal laws. Signature Date Current High School: RA.10300( VI A-TION HS Advisor/HS Counselor name & email: Number of years attended HS: Grade Point Average (GPA): (2.75 or higher on a 4.0 scale) Attach proof of GPA; your most recent official school transcript is required in a sealed envelope. School planning to attend next year: Address, City and State of School: o UNT-VERs]..— oF ttmf-11-T -r-bry ro Came r Cyr Icvav9 30,11.1 A List your educational and professional goals and objectives for after high school graduation. '6 I ci • batik o r-z-e- r\_ • 1-1'-P tre 1,1 ▪ olk emv- A-e roElocc-C—<- t\e. r74-1 c'IIe9e 1- e rva 177 List your academic honors, awards and membership activities while in high school. ,SaP41-vt, ein1 C W' Li r e-t?- c./'I ere 01)Yri agA a wo List your community service activities, hobbies, outside interests, extracurricular activities and/or employment experience. WiorikOn )(\ Pcv‘ (AAHOn "Rnc I L i GoLJ,1 gl ck (31r1,-, 11-10 '- Soc. i f ea 471 / -e /fla e A fball 1-&er S/ 741 cok- Airliae n ch c.-7 irrigh List the scholarships (name and dollar amount) you have received, or have applied for. ' 9-t? 506 A— II eAnt/e, L st. 6 0 up • 5 vi.)"" S 0 e-\ CI (.4500 ) How did you learn about the Tukwila City of Opportunity schoLafs.hip? Counselor 0 Teacher 0 City Website Other Provide a written statement describing your need for financial assistance. If more space is needed please attach a separate document. S-tt 4,1-avIn e,tA ,,A71,1CAZWZAT,Kez9,9,11A,±WIZ,Ze*agfWVASIOIMO' Attach a Personal Essay that shares how you have served your community and made a positive difference. The Community Vision for the City of Tukwila is The city of opportunity, the community of choice. How have you served your community in ways that have made a positive difference? A. The following items must be attached to this application in order for the application to qualify for review by the scholarship committee. B. Your application will be returned to you if these items are not attached to this application. (N.O EXCEPTIONS.) V P Proof of Residency: Most recent utility bill. , ,Three Letters of Reference: 2 Academic References and 1 Community/Employer Reference. Most recent official high school transcript or official record alternative. Photocopies of your F/ transcript are not acceptable. (Must be in a sealed envelope.) m/ Documentation demonstrating financial need: • FASFA Student Aid Report (SAR); AND • Written statement describing need for financial assistance. • V Personal Essay about how you have served your community and made a positive difference. 178 STATEMENT OFACCURACY | hereby affirm that all the above stated information providedbymetothe City ofTukwila Scholarship Selection Committee istrue, correct and without forgery. | also consent that nlypicture may betaken and used for any purpose deemed necessary hopromote the Tukwila City VfOpportunity Scholarship Program. I hereby understand that if chosen as a scholarship winner, according to City of Tukwila's scholarship policy, I must provide evidence of enroll m ent/reg istration at the post -secondary institution of my choice before scholarship funds can be awarded. Signature of scholar.ship applicant: Witness ;Z//� / Date: ��� / /c( Application must be postmarked by March 29, 2019. No exceptions! 179 180 / First Name: The City of Opportunity, the Community ofChoice. Tukwila City OfOpportunity Scholarship Application Mailing Address: City, State, Zip Primary Phone: Email: Last Name: Mills Tukwila WA Secondary Phone: Please attach the following financial documentation: � FAFSAStudent Aid Report (SAF) I certify that the above information is true and correct and that all income is reported.|understand that this information isbeing given for the receipt ofascholarship; that City ofTukwila officials may verify the information onthe application; and that deliberate misrepresentation ofthe information may subject meto prosecution under the applicable State and Federal laws. Signature �� L' |] Mills[Digitally~ *«� ��/1y��l1�� ��/��p^6��n�� nn.�./~on�����1���Tm, Date-,, .'"_`� . ~~ Current High School: Foster High School Number of years attended HS: 4 Laura Linde (Lindel@tukwila.wednet.edu) Grade Point Average 03 Attach proof of GPA; your most recent official school transcript is required in a sealed envelope. School planning to attend next year: Address, City and State ofSchool: 3.4 Central Washington University List your educational and professionalgoals and objectives for after high school graduation. After graduation my plan Major in Film at Central Washington University, and find a internship ' at a fikD 181 List your academic honors, awards and membership activities while in high school. National Honors Society List your community service activities, hobbies, outside interests, extracurricular activities and/or employment Teens for Tukwila Cnnnn Osprey Counselor Varsity Softball Varsity Cross Country a List the scholarships (name and dollar amount) you have received, or have applied for. How did you learn about the Tukwila City of Opportunity scholarship? Counselor Fv7l Teacher City VVebsbyF71 Provide a written statement describing your need for financial assistance. Ifmore space ioneeded please attach aseparate document. Due to Central Washington being in Ellensburg, I will need financial assistance for room and board since I will be living oOcampus. [Nymom is asingle mother Dftwo, although she ksplanning oOsupport |can't thousand . I plan on doing work study to help pay for expenses. fully rely on her because college is expensive as the average tuition for Central Washington is near 3 Attach aPersonal Esso that shares how you have served your community and made a positive difference. The Community Vision for the City of Tukwila is The city of opportunity, the community of choice. How have you served your community in ways that have made a positive difference? A. The following items must beattached tothis application inorder for the application toquaUfyfor review bvthe scholarship Vnmnnh±ee, B. Your application will bereturned tOyou ifthese items are not attached to'thisapplication. (NO EXCEPTIONS.) Proof mfResidency: Most recent utility bill. -- Three Letters of Reference: 2Academic References and 1 Community/Employer Reference. -- --- Most recent cffioia| high school transcript orofficial record alternative. Photocopies nfyour transcript are not acceptable. (Must beinosealed enve|ope.) Documentation demonstrating financial need: FAGFAStudent Aid Report (AR);AND � Written statement describing need for financial assistance. F— Personal Essay about how you have served your community and made a positive difference. 182 STATEMENT OFACCURACY | hereby affirm that all the above stated information provided bymebzthe ChxofTuhvv|oScho��hipSeAeuUon Coonnndteoistrue, ooneutand xvithoutfongery |�dooconsent that mypictun*may betaken and used for any purpose deemed necessary to promote the Tukwila City of Opportunity Scholarship Program. | hereby understand that ifchosen oeoscholarship winner, according toCity ofTVkwi|o'sscholarship policy, | must provide evidence of enrollment/registration at the post -secondary institution of my choice before scholarshipfundsoan be awarded. __._---_'----_--_ /—�^�� /��— | /� Signature nfscholarship app/�ard: i} /^n J/~�~^,7~�-� Oate �-/ / / ��_/ Witness '`—'~'' - L4 / /' . / � ' / Application must be postmarked by March 29, 2019. No exceptions! 183 184 NILA Allan Ekberg, Mayor TO: Mayor's Office - David Cline, City Administrato The City of opportunity, the community of choice Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: May 1, 2019 SUBJECT: City Administrator's Report The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. Intergovernmental Update • Government Alliance on Race and Equity Annual Meeting: Deputy City Administrator Rachel Bianchi and Community Engagement Manager Niesha Fort -Brooks attended the Government Alliance on Race and Equity Annual meeting in Albuquerque, New Mexico April 16 - 18. • SCORE Jail: The SCORE Finance Committee met on April 16 to discuss financial alternatives for funding jail services. The Committee is working towards a budget and funding model that is predictable over time and equitable among the owner cities. City Administrator David Cline is facilitating the discussion. • Government Performance Consortium Measures that Matter Training: City Administrator David Cline, Finance Director Vicky Carlsen and Public Works Director Henry Hash attended a Measures that Matter training sponsored by the Government Performance Consortium on April 17. This is in support of creating sustainable performance measures as one of the next steps in Priority Based Budgeting. • National Association of Black Police Conference: On April 18 Mayor Ekberg provided welcoming remarks at the National Association of Black Police conference held at the Tukwila Doubletree Hotel. • Housing Development Consortium 11th Annual Celebration: Mayor Ekberg attended the 11th Annual Celebration of the Housing Development Consortium at the Washington Convention Center on April 23. • State of the Schools Luncheon: Mayor Ekberg, Councilmember Hougardy and City Administrator David Cline attended the South Seattle Chamber of Commerce State of the Schools luncheon on April 26 at Hotel Interurban. • State Legislature Update: The Washington State Legislature ended their session on April 28. Whereas a full update will be provided in the near future by our State Lobbyist, David Foster, Tukwila City Hall • 6200 Southcenter Boulevard. Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 185 City Administrator's Report May 1, 2019 Page 2 there a few noted items to highlight. The current budget agreement includes full funding for Streamlined Sales Tax mitigation, which is approximately $1 million per year for Tukwila. This funding is assumed in the four-year budget but will need to be secured in the next biennium. In addition, $3.88 million in new funding was provided to Department of Corrections which should increase contract revenues to our member -owned SCORE jail. There is also funding for parks capital projects and a pilot project to review automated vehicle noise enforcement cameras in designated "Stay out of Racing" zones. These are just a few highlights and a more comprehensive review will be scheduled soon. Teens for Tukwila Chat: On April 26 Mayor Ekberg, Council President Hougardy, Councilmembers Kruller and McLeod and City Administrator David Cline met with teens from Foster High School to answer questions. The meeting was facilitated by the Teens for Tukwila. Approximately 25 youth attended the event. River Restoration Study: Economic Development staff met with staff from American Rivers, a national river conservation organization seeking funding to conduct an economic study of river restoration on property values in the Puget Sound. Staff expressed support for their project. In Motion Program: Transportation Demand Management staff met with King County Metro staff to learn about a new In Motion program that will be launching in Tukwila in July/August 2019. The program will provide transportation outreach and incentives to Tukwila residents in the Via to Transit service area to facilitate last -mile connections to the TIBS station. II. Community Events • Artist in Residence: On April 13 the Artist in Residence program hosted the second week of free African Dance Classes held at the Sullivan Center and on April 17 they hosted an Early Release Arts Hang Out at the Sullivan Center for students to come enjoy music, free snacks, and free Earth Month art activities. • Via to Transit Program Launch: On April 16 Mayor Ekberg joined King County Executive Dow Constantine at the Mount Baker Light Rail Station to launch the new Via to Transit program that provides on -demand shuttle service to connect riders to transit hubs. Via service started at the Tukwila International Boulevard light rail station on April 16. • Arbor Day Tree Planting: On April 19 Mayor Ekberg and City Administrator David Cline joined the Tukwila Community Center preschool program to plant a tree in recognition of Arbor Day. • Volunteer Appreciation Event: Mayor Ekberg participated in the Celebrate Tukwila Volunteers event held at the Tukwila Community Center on April 20. • Duwamish Alive Coalition Earth Day Fair: On April 20 Mayor Ekberg attended the Duwamish Alive Coalition Earth Day Fair. The event included a Tribal welcome from the Duwamish Tribe and welcome remarks from Mayor Ekberg. • Backyard Wildlife Festival: The 2019 festival will be held on May 11 at the Tukwila Community Center. It starts with the CommUNITY 5k that is ideal for runners, walkers, families with strollers, and pets on leashes. The Festival includes a marketplace, resources from local and regional nonprofits, and events for children. Phone; 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 186 City Administrator's Report May 1, 2019 Page 3 III. Staff Updates Public Safety • Homeless Camp Checks: The Community Police Team (CPT) continues to conduct homeless camp checks: Two parties were put in touch with Catholic Community Services. One should be receiving temporary housing soon and one is set to be reunited with family in Louisiana. Project Updates • S 140th Street/TIB Improvements: Estimated Completion: May 2019 Westwater Construction has completed all the asphalt and concrete work. Electricians began installing pedestrian signals on April 24 and pavement markings were installed April 26. The project should be physically completed by May 15. • 42nd Ave Phase III: Estimated Completion: June 2019 Staff is coordinating with CenturyLink to remove their two overhead communication wires from the last utility pole standing at the project site. Seattle City Light will remove this last utility pole once CenturyLink removes its wires. Staff is also coordinating with ACI, to see when they will be available to finish up the rest of the project work. • 53rd Ave S: Estimated Completion: June 2019 The construction contractor has been pouring concrete sidewalks and driveways, and paving asphalt on some other driveways. Streetlight poles, mailboxes, street signs, and restoring landscaping. • Green the Green: Estimated Completion: December 2020 Additional work at the Southcenter Plaza/JSH site is being proposed as part of the Rose Foundation $25k grant. This will increase the restored shoreline length to 1,160 linear feet. • Tukwila Village: Tukwila Village Community Development Association held its monthly board meeting. TVCDA intends to take over the Sullivan Center lease and contract with Kona Kai Coffee as venue manager starting July 1. Through an agreement with the property owner, Kona Kai started managing the venue in April under their own rates and policies. Boards and Commissions • Arts Commission: Vacant Position: Position #7 Resident. • Civil Service Commission: No vacancies. • COPCAB: Vacant Position: Student Representative. • Equity & Social Justice Commission: Vacant Positions: Position #7 Resident & Student Representative. • Human Services Advisory Board: Vacant Position: Position #3 Resident. • Landmark Commission: No vacancies. • Library Advisory Board: Vacant Positions: Position #7 Resident & Student Representative. • Lodging Tax Advisory Committee: Vacant Position: Position #7 Funded by Tax. • Park Commission: Vacant Positions: Position #4 Resident & Student Representative. • Planning Commission: No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 187 188 TUKW|LAPUBUC SAFETY PLAN Monthly Update April 3O,20l9 Overall Plan Outreach ~ Team anticipates two events for the public in 2019. Ground breaking ceremony for all Public Safety Plan Projects at the future F551 site was held on Saturday, K4arch3U, 2019. Financial Oversight[omnn/ttee 0 The Committee reported to Council on September 4, 2018. Siting Advisory Committee w The Siting Advisory Committee voted todefer regular meetings asthe major decbkzns have been made. They will meet onanas-needed basis. Acquisition Lease Updates � All businesses vacated the premises per the agreements. Noleases remain and this item will beclosed insubsequent monthly updates. Disadvantaged Business Enterprise (DBE)Outreach ~ See attached status report from outreach consultant Darling Nava. Near -term Council Decisions and Key Dates w Contract amendments tOPublic Safety Committee and Council • Fire Station 52 schematic design cost estimating to Public Safety Committee and Council • Justice Center Maximum Allowable Construction Cost (MAC) to Council Fire Stations Siting • With Council approval received, the team completed demolition of the single-family home nnthe Station 54site. ~ Team will be working on lot consolidation for Station 54to consolidate the main parcel with the smaller parcel. Architecture and Programming /ng Design and Permitting 189 • Concurrent review and pricing ofthe Schematic Design 6«GCCMContractor, |«di8,and estimating consultant has been completed and was shared with Council inFebruary 3018. Council gave approval to begin Design Development for Station 51. • Design Development for Station 51 began mid -February; the team met meeting weekly. Design Development effort wrapped up in June, 2018Vvith Design Development pricing effort inJuly and August. • Construction Documents phase for Station 51 were completed and distributed to the team December 2O,3Ol8. • Schematic Design phase for Station 52was completed onschedule inJanuary 2U19. Estimating Station 52 Schematic Design isunderway. • Design Development for Station 52 began February 2019. • Permitting coordination meetings with City Staff are ongoing for Station 51 and Station 52. • Building permit for Station 5Iwas submitted in October, Building permit was received inall areas except wetlands report. Permit revisions for accepted alternates for Station 51have been submitted and are under review. • Station 53 anticipated to be phased permitting. Pre -application for Station 52 permit was submitted in November, 2018 and the pre -application meeting for Station 52 was held |nDecember, 2OlO. ~ Station 52traffic determination was submitted in February, 20I9vvith approval received inApril, 2O19. • Station 52 Conditional Use Application and Design Review Application have been submitted and are under review. Bidding and Construction w Pre -construction services for Station 51 are complete and are underway for Station 52. * Lydig completed the selection of mechanical and electrical subcontractors through the E|ectritContractor/Construction Management (ECCyN)and Mechanical Contractor Construction Management (MCCK4)selection process. Valley Electric and Johansen Mechanical Inc. were selected. With Council decision tonot move forward with FSS4, vvecannot move forward with EC[IVI. M[[K4method for mechanical subcontractor will provide for a consistent mechanical subcontractor for all three stations and will be able toprovide critical expertise during the Design Development phase. This contract is managed bythe GCCK4under the pre -construction phase. • Bidding is complete for Station 51 with bids compiled and the MACC presented and approved byCouncil inMarch, ZOlg. • Construction for 5lto begin May, 2OI9. • Bidding and construction phases scheduled tobegin for S2inJune, ZOlS` Early site work isanticipated tobegin inJuly. 190 Justice Center Siting * The City has agreements with all affected businesses on the Justice Center site. w The City has ownership ofall properties c)nthe Justice Center site. The long -vacant building between Church by the Side of the Road and the Travelodge buildings have now been demolished. • Demolition began onthe south lot (in between Taco Time and S. 1501h\ on April 29and is expected to be complete within two weeks. Architecture and Programming � DLR Group's Building Program Report was submitted December 8, 2017. Program and Estimate was presented to Public Safety Committee in December and Council in ]anuary,ZUl8. Design and Permitting • DLRarchitects completed the Design Deve|opnnentphaseoftheproject. The Design Development and budget was presented to the CoVDd| in October. • The projectt2arnhasconnp|etedtheSEPA,OesignReviev«,[onditiona|UsePernnitand Parking Determination processes. The SEPA determination was issued in November and the Conditional Use Permit and Design Review approvals were received in December. • DLR architects began the Construction Documents phase in October and issued the9596 Construction Documents in January. The 100% Construction Documents will be issued following receipt ofconstruction permits. • The project team submitted application for Public Works Permit (sjt2vvnrk/utilities) in November ofZOlA.The PVVpermit was issued oOApril 4,, w The project team submitted application for Building Permit in January of 2019. The building permit was issued DnApril 36. Bidding and Construction • BNBuilders, the selected GC/CM, started pre -construction services following Council approval oftheir contract onMarch IB,7O18. * BNBuilders continued to work with the team on design phases, constructability, cost estimating and scheduling throughout design and preconstructmn' • BNBui|decs released the first subcontract bid packages in late January and completed subcontract package bidding on April 24. The Total Contract Cost (TCC) amendment will be brought toCouncil inMay. • Construction began in early April, 2019 with mobilization of construction trailers and fencing, utility disconnect work, excavation in the north lot for stVrrnVvater utilities, hazardous materials abatement and demolition of remaining buildings onthe site. 191 Public Works Facilitv Siting * Due diligence items related tosite acquisition are complete. The assessment ofexisting structures is complete. ~ The City has agreements with all ofthe businesses onthe Public Works site. • The Public Use and Necessity trial was held Friday May 25 and the City was granted its request. • Lot consolidation for two Ofthe three parcels isunderway. Architecture and Programming • Team solicited for Architectural services. Council approved acontract for programming and master planning services with SHKSiDNovember, 2018. ~ Master planning and programming phase began in late 2018, with regular meetings with Public Works staff. Master planning and programming is scheduled to be completed in June ofZD19. Design and Permitting 0 Phase I design scheduled to begin Q2/Q3, 2019, after council approval. Bidding and Construction 0 Phases scheduled to begin in Q4, 2019. Budget � Based on Council direction to move forward with Station 51, Station 52, Justice Center and Public Works Facility ($30M), team has updated the budgets. See attached. Schedule N1aV20]9 w Fire Station 5lrevised permit issuance • Fire Station 51construction begins • Fire Station 52schematic design cost estimating to Public Safety Committee and Council • Fire Station 5ZSEPA determination • Fire Station 5Zdesign development complete w Fire Station 52 design development cost estimating with GCCM involvement • Fire Station 5lconstruction documents begin • Fire Station 5Zconditional use/BAR public hearing w Justice Center, Fire Station 51 and Fire Station 52 Arts Commission presentation • Justice Center Maximum Allowable Construction Cost �K4A[C)toCouncil 192 ]une2O19 • Fire Station 5Zphase l(early vvurk/foundat\ons)permit submitted • Fire Station 5Z phase l bidding ~ Public Works programming and estimates toCommittee and Council • Public Works phase 1contractor solicitation July 2019 ~ Fire Station 52phase l(early vVork/foundations\permit received w Fire Station 52 phase I Lyclig contract amendment to Committee and Council • Fire Station 52phase 1(early vvork/foundations)construction begins * Public Works phase 1 design begins AuAust2O29 • Fire Station 52 phase bidding • Fire Station 52 phase 2 (building) permit submitted 8epternbgr2Ol9 • Fire Station 52phase Z(bui|cUnn) permit issued • Public Works Phase 2design complete October2O19 p Fire Station 53Lvdigcontract amendment toPublic Safety Committee • Public Works Phase 1 construction contract approval to Public Safety Committee and Council November2Dl9 • Fire Station 52 Lvdig contract amendment to Council • Fire Station5I phase 2construction begins • Public Works Phase lconstruction begins Februory2O2O 9 Public Works Phase 1 construction complete March2O2Q 0 Public Works Phase I move -in May 2020 0 Fire Station 51 Substantial Completion June2O3O 193 July 2020 • Fire Station 51 move-in/occupancy September 2020 • Justice Center Substantial Completion October 2020 • Justice Center move-in/occupancy January 2021 • Fire Station 52 Substantial Completion February/March 2021 • Fire Station 52 move-in/occupancy 194 TNKWIUA PUBLIC SAFETY PLAN Monthly DBE OUTREACH EFFORTS � Outreach Consultant updates for April 2019 There's been alot oftraction when itcomes tocommunity efforts with Foster High School students in the class of Ms Julie Polwarth (Business Education, Yearbook & FBLA Adviser. • To reiterate, last March 2, 2019, myself and Mr. Joe Duffie met with Ms. Polwarth class at one of her class. As I continued to be the link with the students for the upcoming City of Tukwila projects, I met with Neisha Fort -Brooks (Community Engagement Manager) and strategies our approach tothe next step ofassisting the graduating seniors. | have been informed byMs. Julie Polwarth that there are 3 seniors registered at ANEW/PACE for pre -apprentice program. ihave not received any updates on this. | will follow upthis week. • To date, I am awaiting from Neisha Fort -Brooks to provide me the details of what to expect from to whether the Tabling Strategy tentative date of 5.7.19 is to happen or not. BNBuilders attended the Career Day on4.4.l9and was engaged with few students. However, all the students that was at Ms. Julie Polwarth class was no show. |amawaiting from LydigConstruction &BNBuUderslist ofawarded subcontractors tnbeenteredinthe WMBE/DBEtracking report for participations. Lyclig Construction will be presenting at National Association of Minority Contractors nnS.2.1Bat6pnn and all City Councils are invited to come and this will be held at Tukwila Community Center. (Attached NAMC Agenda) Darling Nava Consulting 195 196 Notional Association of Minority Contractors Promoting individual prosperity of minority builders, contractors, subcontractors, suppliers and manufacturers of materials and equipment used in the construction industry NAMC May 2, 2019 ***** GENERAL MEMBERSHIP MEETING AGENDA***** Meeting location Tukwila Co munity Center 12424 42nd Avenue South Tukwila, WA 98168 5:30 - 6:00 pm Mini -Outreach - Marpac Construction 6:00 - 8:00 pm General Membership Meeting 1) Introductions and Membership Certificates 2) Hermanson Company LIP - Multiple Projects - Paul Robinett, Principal/Vice President 3) Howard S. Wright - Hans Hansen, Sr. Project Manager 4) Seaffle Department of Transportation - Director Sam Zimbabwe 5) Lydig Construction - Report on Tukwila FS Projects - Kiel Lunsford, Project Manager 6) Dept of Enterprise Services 7) Marpac Construction - new projects - Sai Chaleunphoah, Marpac's Owner 8) Korsmo Construction - multiple new projects - Steve Rich, Director of Pre -construction; Evan Haines, Project Manager & Rachel Pease, Diversity Program Manager 9) Announcements NAMC meets every first Thursday of each month providing information about contract opportunities and more to minority businesses. Please feel free to forward to contractors who may be interested. OUR 3t4ISSION • Provide education, training and mentorship to minority contractors in construction. • Promote the economic and legal interest of minority contracting firms. • Advocate law and government actions for minority contractors. • Bring about wider procurement and business opportunities for minority contractors. • Reduce and remove barriers to full equality for minority contractors. • Create a forum for sharing information and mutual support. • Build bridges between minority contractors and the entities they serve. 197 198 TUKWILA PUBLIC SAFETY PLAN FIRE STATION 51 A/E PROCUREMENT PROGRAMMING DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY FIRE STATION 2 ..;. A/E PROCUREMENT PROGRAMMING DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY JUSTICE CENTER A/E PROCUREMENT PROGRAMMING DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY PUBLIC WORKS A/E PROCUREMENT MASTER SITE PLAN DESIGN PHASE 1 BIDDING/CONSTRUCTION PHASE 1 MOVE-IN/OCCUPANCY PHASE 1 CO CO 2016 MINIM 2017 • 2018 2019 2020 2021 Ell PROJECT A/E PROCUREMENT PROGRAMMING S DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY N O O City of Tukwila - Facilities Plan TOTAL PROJECT MONTHLY Budget Report (REVISED Budgets; D-20 Plan Adopted by Council) Life to Date Costs 79 2nrof,,v,n,•iln,ln' CO IJALII REPORTING SUMMARY JUSTICE CENTER Original Btaiga BudgeTransfers Current Budget Committed Budget I Life to Dare Costs IRemaing C•mmnritted dining Budget Cost utCompletion A/E Services (both Design & CA) Permits/Fees $ 3,278,125 $ 700,000 $ 221,875 S - 5 3,500,000 $ 700,000 $ 3,141,729 $ 354,103 $ 2,180,300 $ 354,103 S 961,429 $ - $ 358,271 5 345,897 $ $ - Construction (Pre -Con, Const & Tax) 5 38,738,678 $ (958,082) $ 37,780,596 S 12,547,575 $ 549,916 S 11,997,658 $ 25,233,021 $ - Construction Related Costs (incl Bond) $ 2,112,639 $ 212,800 $ 2,325,439 5 565,198 5 266,896 $ 298,302 $ 1,760,241 $ - PM Services (incl Other Professional Svcs) $ 1,815,875 $ 266,721 $ 2,082,596 $ 1,986,390 S 942,506 $ 1,043,884 $ 96,206 5 - Contingency (Intl Construction & Project) Contingency for Site Contamination (soils,hazmat) S 6,507,731 $ - 5 (1,712,213) $ 550,000 $ 4,795,518 $ 550,000 5 - $ - $ - $ - $ - $ - 5 4,795,518 S 550,000 $ S Land Acquisition 5 14,133,295 S (422,733) $ 13,710,562 S 13,709,987 $ 13,683,561 5 26,427 5 575 $ - Contingency for Land Acquisition S 1,250,000 $ 300,000 $ 1,550,000 $ 1,525,384 $ 1,525,384 $ - $ 24,616 5 - " - TOTAL - $ 68,536,343 S (1,541,632) $ 66,994,711 S 33,830,365 S 19,502,665 S 14,327,700 S 33,164,346 S - COUNCIL REPORTING SUMMARY - FIRE STATION S/ Original Budges Budget Transfers Current Budget Committed Budget I Life to Date Cons Remaiteg Committed Remaining Budge Cost at Completion A/E Services (both Design & CA) Land Acquisition PermitslFees Construction (Pre -Con, Const & Tax) Construction Related Costs (Intl Bond) PM Services (incl Other Professional Svcs) Contingency (Intl Construction & Project) $ 1,070,000 $ - $ 234,000 $ 9,396,000 $ 931,000 5 526,000 5 1,116,000 $ 222,781 $ - $ - $ 1,315,046 5 - 5 - $ 3,806 $ 1,292,781 $ - $ 234,000 $ 10,711,045 $ 931,000 $ 526,000 $ 1,119,806 $ 1,236,572 $ - $ 102,042 $ 10,711,045 5 133,726 $ 360,917 S - $ 811,755 $ - $ 92,042 $ 99,273 $ 85,523 $ 134,591 $ - 5 424,816 $ - 5 10,000 $ 10,611,773 5 48,203 S 226,326 $ - S 56,209 $ - $ 131,958 $ - 5 797,274 . $ 165,083 $ 1,119,806 $ - $ - $ - $ - S - $ - 5 - ... .. - TOTAL - 5 13,273,000 $ 1,541,633 S 14,814,632 S 12,544,302 S 1,223,184 S 11,321,118 $ 2,270,331 5 - COUNCIL REPORTING SUMMARY - FIRE STATION i2 Original Budget Budget Transfers Current Budget Committed Budget Life to Date Cam I Remain); Committed Remaining Budget Cust al Completion AlE Services (both Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (Intl Bond) PM Services (Intl Other Professional Svcs) Contingency (Intl Construction & Project) $ 1,415,000 5 16,000 S 353,000 $ 13,298,000 $ 1,398,000 $ 787,000 $ 1,343,000 5 255,172 $ 9,160 $ - $ 469,000 S (9,160) $ - S (74,172) S 1,670,1.72 $ 25,160 $ 353,000 5 13,767,000 $ 1,388,840 5 787,000 $ 1,268,828 $ 1,601,813 S 17,157 $ 72,688 S 137,500 5 401,815 $ 546,029 5 - $ 553,011 5 17,157 S 12,511 $ - S 16,258 $ 207,649 $ - $ i,048,802 $ 0 5 60,177 5 137,500 $ 385,557 5 338,380 S - $ 68,359 $ 8,003 $ 280,312 $ 13,629,500 $ 987,025 5 240,971 S 1,268,828 S $ - S - $ - $ - S - $ - TOTAL ". " " S 18,610,000 S 650,000 5 19,260,000 5 2,777,001 S 806,584 5 1,970,417 $ 16,482,999 5 COUNCIL REPORTING SUMMARY - FIRE STATION SJ Original Budge Budge Transfers Current Budget Committed Budge I 1#eto Date Costs ROMing Committed Remaining Budget Cost at Completion A/E Services (both Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (Intl Bond) PM Services (Intl Other Professional Svcs) Contingency (incl Construction & Project) 5 150,000 $ 902,668 $ 20,000 $ 230,000 $ 50,000 5 107,500 $ 41,832 $ (7,000) 5 31,206 $ - $ (5,610) $ 9,875 $ - $ (28,471) $ 143,000 $ 933,874 $ 20,000 $ 224,390 $ 59,875 5 107,500 $ 13,361 $ 132,995 5 933,875 $ 1,908 S 106,700 $ 41,802 $ 106,665 $ - S 131,495 5 933,775 $ 1,908 S 67,856 S 22,798 $ 86,066 $ - $ 1,500 5 100 $ - 5 38,844 $ 19,004 S 20,599 $ - S 10,005 S (1) S 18,092 $ 117,690 5 18,073 $ 835 S 13,361 S $ - 5 - 5 - $ - $ - S - " 1,502,000 5 - $ 1,502,000 5 1,323,945 $ 1.243,898 S 80,047 S 178,055 $ - ..................................................................................................... ..................... COUNCIL REPORTING SUMMf IRY- PURLIC{I?)RKS Original Budget Budget Transfers Current Budget Committed Budget I Life to Date Cons I Renmin'g Committed Remaining Budge Cost m Completion . AIR Services (both Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (Intl Bond) PM Services (Intl Other Professional Svcs) Contingency (incl Construction & Project) $ 767,385 $ 22,000,046 $ 110,000 $ 4,950,000 $ 529,036 $ 668,426 $ 975,107 $ 15,000 $ 3,374,913 $ (20,000) $ (1,895,000) $ (404,793) $ (348,426) $ (721,694) $ 782,385 5 25,374,959 $ 90,000 $ 3,055,000 $ 124,243 $ 320,000 $ 253,413 $ 318,882 S 25,347,193 5 - $ - $ 77,143 S 279,832 S - 5 139,806 $ 25,344,993 5 - $ - S 50,471 $ 139,845 $ - $ 179,076 S 2,200 $ - $ - 5 26,672 5 139,987 $ - 5 463,503 5 27,766 S 90,000 S 3,055,000 $ 47,100 S 40,168 S 253,413 $ $ - 5 - $ - $ $ - $ TOTAL S 30,000,000 S S 30,000,000 $ 26,023,050 S 25,675,115 5 347,935 $ 3,976,950 ` $ ............................................................................................................................:..::. 202 6th (MONDAY) Upcoming Meetings and Events May 2019 7t5 (TUESDAY) 8th (WEDNESDAY) 9th (THURSDAY) 10th (FRIDAY) 11th (SATURDAY) • Public Safety Committee 5:30 PM Hazelnut Conference Room City Council Regular Meeting 7:00 PM Council Chambers Transportation & Infrastructure Committee 5:30 PM Hazelnut Conference Room Library Advisory Board 5:30 PM Community Center Park-Gemmission This meeting is rescheduled to May 15. Community Oriented Policing Citizens Advisory Board 6:30 PM Duwamish Conference Room GREEN A. TUKWILA 'PM NI R5f1(1' S 128th St Work Party 11:00 Aro - 2:00 PM 37th Ave S and S 128' St To sign-up, visit https://formjofformcom/ 90925745040153 10 AM - 3 PM Tukwila Community Center Free Admission For more information, visit www.BackyardWildlife Festival.org 13" (MONDAY) 14th (TUESDAY) 15th (WEDNESDAY) 16th (THURSDAY) 17th (FRIDAY) 18th (SATURDAY) . Civil Service Commission 5:00 PM Human Resources Conference Room Finance Committee 5:30 PM Hazelnut Conference Room City Council Committee of the Whole Meeting 7:00 PM Council Chambers . Community Development & Neighborhoods Committee 5:30 PM Hazelnut Conference Room )?. Tukwila International Boulevard Action Committee 7:00 PM Valley View Sewer District 3460 S 148th St . Park Commission 5:30 PM Community Center Action Tukwila 7:00 PM Valley View Sewer District 3460 S 148th St www.actiontukwila.org 7:00 PM Tukwila Heritage & Cultural Center 14475 59"' Ave S GREEN TUKWILA ), Duwamish Hill Preserve Work Party 10:00 AM-1:00 PM 3800 S 115"' St To sign-up, contact Olena Perry at 206-768-2822. Interested in running for local office in Tukwila? Dates for filing with King County Elections are May 13 through May 17 (in person or online) King County and April 29 through May 17 (by mail). Visit kingeounty,gowelectioneaspx. Elections Arts Commission: 4th Wed., 6:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305. Civil Service Commission: 2nd Mon., 5:00 PM, Human Resources Conf, Room. Contact Michelle Godyn at 206-431-2187. Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. COPCAB (Community Oriented Policing Citizens Advisory Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room, Contact Chris Partman at 206-431-2197. • Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conf, Room. Contact Niesha Fort -Brooks at 206-454-7564. Finance Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. • Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342. • Park Commission: 2nd Wed., 5:30 PM, Community Center, Contact Robert Eaton at 206-767-2332. Planning Commission/Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. (2a) Police 2019 1'` Quarter Report. (2b) Police Department training strategy. (2c) Public Safety data request. (2d) 2019 Public Safety Committee Work Plan. Transportation and Infrastructure Committee: 1st 8 3rd Tues., 5:30 PM, Hazelnut Conf. Room, Contact Laurel Humphrey at 206-433-8993. (2a) Construction Bid Award for 2019 Overlay and Repair Program. (2b) Amendment #2 for Construction Management Services for 53rd Avenue South project. (2c) Construction Management Amendment #6 with KPG for 53rd Avenue South project. (2d) Change Order #4 with Active Construction for 42^d Avenue South Phase Ill & Gilliam Creek Culvert. (2e) Waste Management Contract Status Update, Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Louise Jones -Brown at 206-244-4478. Tukwila International Boulevard Action Committee: 2nd Tues., 7:00 PM, Valley View Sewer District, Contact Chief Bruce Linton at 206-433-1815. 203 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - G.O.W. MEETING 3 - REGULAR MEETING 4 G.Q.W. May 6 See agenda packet cover sheet for this week's agenda: April 6, 2019 Regular Meeting 13 Special Presentation: 20 Special Presentation. 28 (Tuesday) Special Presentation: Update on WRIA (Washington Resource Inventory Area) 9. Special issues: - Update on the Small Business Development Center and StartZone Program. - Update on King County Cities Climate Collaboration. - Police Department Life Saving Awards - 2018 Police Department Annual Report 2018 Police Department Annual Report June 3 Proclamation: 10 Public Hearing: 17 Unfinished Business: 24 A proclamation recognizing June as "Pride Month" in Tukwila. An ordinance for zoning code amendment for Tukwila South. An ordinance for zoning code amendment for Tukwila South. 204