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City of Tukwila
Planning and Community
Development Committee
Hannah Hedrick, Chair
Jovita McConnell
Verna Seal
Distribution:
H. Hedrick
J. McConnell
V. Seal
Mayor McLeod
M. Wine
A. Youn
L. Humphrey
AGENDA
MONDAY, JULY 14, 2025 – 5:30 PM
ON-SITE PRESENCE:
TUKWILA CITY HALL
CITY COUNCIL CONFERENCE ROOM
6200 SOUTHCENTER BOULEVARD
REMOTE PARTICIPATION FOR THE PUBLIC:
1-253-292-9750, ACCESS CODE: 866559860#
Click here to: Join Microsoft Teams Meeting
For Technical Support: 1-206-433-7155
Item Recommended Action Page
1.
BUSINESS AGENDA
a. Grant acceptance for Salmon Recovery through Local
Planning Project and Critical Area Ordinance
Development through Department of Commerce and
Department of Ecology
Nancy Eklund, Long Range Planning Supervisor
b. Contract with Facet NW, Inc. for environmental
services
Nancy Eklund, Long Range Planning Supervisor
c. Cannabis Retail Business Zoning Considerations
Nora Gierloff, Director of Community Development
a. Forward to 7/21 Regular
Unfinished Business
b. Forward to 7/21 Regular
Unfinished Business
c. Return to 8/11 PCD
Committee Meeting
Pg.1
Pg.13
Pg.23
2. MISCELLANEOUS
Next Scheduled Meeting: August 11, 2025
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, AICP, Community Development Director
BY: Nancy Eklund, AICP, Long Range Planning Supervisor
CC: Mayor Thomas McLeod
DATE: July 14, 2025
SUBJECT: Acceptance of Commerce/Ecology Grant for Salmon Recovery through
Local Planning Project (and Critical Area Ordinance Development)
ISSUE
The Council is being asked to approve a grant agreement with the Washington Departments of
Commerce and Ecology.
BACKGROUND
The City has received a $_(to be determined in final grant agreement)_ grant from the
Washington Department of Commerce and the Environmental Protection Agency to complete
the several projects associated with the City’s Natural Environment. Critical among these tasks
is the update of the City’s Critical Areas Ordinance, which the Growth Management Act requires
be updated by 12/31/25. In addition, the project includes the acquisition of a Geographic
Information System (GIS) data set and implementation of it in a pilot project. This information
will allow the City to complete a greater level of analysis on the City’s tree canopy and land
cover conditions, and will provide insight into how well the critical area regulations and other city
standards are protecting the City’s natural habitats. it will also provide the opportunity to
understand how City regulatory and programmatic efforts could be modified to deliver greater
benefits to the entirety of the Tukwila community
The grant will enable the City to hire a consultant subject matter expert to provide input and
guidance on Best Available Science alternatives that will work best for the City.
The Washington State Growth Management Act (GMA) requires that cities periodically update
their Critical Areas Ordinances (CAOs), ensuring that they reflect the best available science
(BAS) and continue to protect critical areas. Areas managed by the CAO include wetlands,
aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas,
and geologically hazardous areas. GMA allowed jurisdictions who were required to complete
their Comprehensive Plans by 12/31/2024 (as Tukwila did) to defer completion of the CAO to
12/31/2025.
The grant intent requires that the project have salmon recovery benefits and be an
interdepartmental effort. The project will involve the Department of Community Development
primarily, in consultation with Public Works and Parks.
1
INFORMATIONAL MEMO
Page 2
DISCUSSION
Objectives of the grant align with numerous City Goals around tree canopy, climate change,
ensuring clean water, healthy habitats, overall environmental protection and providing a healthy
environment for the community.
Accepting this grant will enable the City to hire an environmental consultant. The Consultant will
coordinate with the City to update the mandatory CAO, which will maintain the City’s compliance
with state law and eligibility for some state grants. The project will also provide data analysis,
alternatives and options development, and recommendations that will benefit the Community
and its natural resources.
FINANCIAL IMPACT
There is no match required for this grant. Funds will be reimbursed from the Department of
Commerce upon completion of deliverables.
RECOMMENDATION
It is expected that Commerce and Ecology will take potentially more than a month to complete
finalization of the grant agreement before sending it to the City for signature. Because of the
limited timeline to develop the Critical Area Ordinance (with adoption targeted by early
December 2025), we are asking that the PCD forward a request to the 7/21 Council meeting for
the Council to approve the grant agreement and allow the Mayor to sign it upon receipt. This
grant agreement is entirely revenue backed by Commerce and Ecology funding.
An agreement associated with this request also being presented to Council is for a contract with
Facet Consulting. Facet has been identified as the firm to complete the grant project, as well as
continuing critical area permit review they have provided to the City under previous contracts.
All the work proposed in the Facet contract is also revenue-backed, by either grant or permit
fees.
ATTACHMENTS
A. Contract will be provided by Commerce/Ecology in their format.
B. Scope of Work (DRAFT- to be approved by Commerce and Ecology)
2
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 1 of 10
PROJECT DESCRIPTION
Tukwila seeks to harness regulatory and programmatic opportunities to improve canopy coverage,
habitat, and environmental equity goals. Through this project, the City will adopt and implement new
Tukwila-supported Best Available Science and best practices in its critical areas regulations, informed by
novel uses of enhanced GIS data, and importantly, will be implemented by a well-informed community
coalition of decision makers, residents, and property owners.
The City proposes to use a creative process to define a multi-benefit approach to regulations and
programs that play a role in the complex housing, economic, equity and salmon recovery goals the City
has identified in its community plans. The outcome of this process will yield tools that ensure the City
and community partners are best situated to steward Tukwila’s natural environment, as well as protect
the greater natural resources of the Pacific Northwest.
The City aims to increase tree cover where it is needed most: in critical areas, over pavement and in
areas of inequitable scarcity. The project will address the role these key locations play in providing
significant benefits for salmon, people, climate and the environment, and will shape its regulations to
address tree equity, tree scarcity, and canopy coverage. Numerous City policies and the Comprehensive
Plan and Surface Water Plan goals, policies, and strategies are instrumental in supporting this effort,
including the following two:
• Canopy coverage goals by land use type - Comprehensive Plan
• The Tukwila Equity Policy’s mission to “… guide the equitable physical development” of the City
To support the City’s aim to cultivate a civic culture of environmental understanding, the project will
expand communication to spark a well-informed discussion about the City’s strategy to meet housing
and development goals, along with environmental goals and obligations. This communication will be
implemented by staff with appealing materials developed by the consultant, at staff’s direction.
A technical component the City seeks support for is the development of an advanced tree canopy
assessment that will inform strategic code updates that will further support the City’s canopy, habitat,
and environmental equity goals. Specifically, the City intends to acquire remotely sensed raster canopy
data that is model-trained on PNW vegetation. This data will be developed in a pilot project that seeks
to ensure the data is understandable, accessible, and provides new insights into critical area buffer land
uses. The desired result is providing property owners with more-frequently updated, detailed
information on their properties’ tree canopy and impervious surface coverage. This valuable parcel-level
data will inform the regulation of both critical areas and trees. The City will explore how the data can be
used, potentially during the permitting process, with the goal of ensuring local canopy coverage goals
are met as the City continues to grow. With City input, the consultant will develop a memorandum that
summarizes the data products the City could purchase to achieve this inventory tool, and will provide
guidance on a potential City pilot program using the data to analyze the value and effectiveness of
regulations that support the City tree canopy goals.
WDFW’s BAS recommendations envision critical areas having significantly larger, fully vegetated buffers,
that are challenging in built-out urban environments such as Tukwila. Furthermore, these urban areas in
the City frequently contain wide expanses of otherwise desirable, legally non-conforming development
3
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 2 of 10
amidst significant networks of streams, wetlands, and springs on steep valley slopes that feed into the
Green-Duwamish River. Tukwila contains the uppermost estuary reaches of the River, a transition zone
that is crucial for support and protection of threatened anadromous fish. An important aspect of
drafting a strategic, multi-benefit code update will be analyzing regulations that apply to and affect the
trees located in critical areas, and identifying if those regulations are supportive of City goals. This
analysis will include NPDES considerations, as well as identify potential incentive programs and offerings
that will support City goals in these areas.
Importantly, these efforts will also provide information and benefit to the tree code update to follow (in
FY 2026-2027), which seeks to increase the requirements for, and retention of, older trees, connected-
canopy/grove trees, and tree canopy over impervious surfaces, particularly in low-canopy areas of the
city. These high-value trees provide significant benefit to numerous areas of the City and contribute to
the implementation of City policies regarding the betterment of habitat, water-quality, climate
resilience and stormwater interception, as well as human mental and physical health benefits.
4
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 3 of 10
Tukwila Scope of Work
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
PHASE 1: CRITICAL AREA CODE – STRATEGIC ANALYSIS + CODE UPDATE
TASK 1 Project Management and Coordination: 2025-07-15 2026-06-30
Step 1.1
Secure Council Approval
• Commerce and Consultant Contract
o PCD Committee (7/14) and
o City Council (7/21) on grant
contract with Commerce
2025-07-14 2025-07-14 or -
07/21
Deliverable 1.1a
(to City) Signed Contract: Tukwila and Commerce 2025-07-14 or 07-
22
Step 1.2
Team Coordination
• City staff to gather relevant city
departments and to establish:
o Project objectives
o Identify data sources and
responsibilities.
o Schedule for involvement &
expectations
• City and consultant staff to establish:
o Identify data sources and
responsibilities.
o Timeline and expectations
o Administrative management
2025-07-01 2026-06-30
TASK 2 Identify, Purchase, and Load GIS Product
Step 2.1
GIS Product Review
• City staff to define project goals to be
supported by GIS data
• Evaluate remotely sensed datasets to
assess tree canopy. Candidate datasets to
include:
o Vector summaries and raster
data/polygons of overlapping land
cover (impervious, pervious, tree
canopy) at the parcel & ROW level
2025-07-15 2025-08-04
1 A & B tasks are those that go beyond conventional development of a Critical Areas Ordinance. These are noted
with a “”.
5
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 4 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
o Logistics and costs for the City to
host/update internally and on
Tukwila’s public iMap
o Costs and technical requirements for
the products reviewed.
o Assessment of the accuracy of
vegetation analysis model-training
available for each seasonal dataset
edition
o Determination of whether there
other relevant GIS data products
should be considered by City to meet
stated goals
Deliverable 2.1a
(To City)
Summary recommendations with
comparison table(s) to guide GIS product
selection
2025-07-15 2025-08-11
Step 2.2
GIS Data Selection
• Staff to select and purchase model-trained
tree/land cover GIS dataset(s).
2025-07-23 2025-07-23
Step 2.3
Map Creation
• City Staff to create an internal tree canopy
GIS layer in iMap or in new internal map
for pilot with assistance, as needed, from
consultant (<16 hs).
2025-07-28 2025-08-04
Deliverable 2.3a
(to City)
Map layer(s) for internal use showing City
tree and land cover by parcel, ROW, critical
area buffers, zoning & census block.
2025-07-28 2025-08-04
Step 3.1
GIS Data Analysis – Using GIS data, gather
enhanced tree canopy and land cover data
• City staff to analyze the new data:
o To develop critical area land use
insights to inform possible CAO code
changes, as well as other City Code
changes; and
o To form recommendations for
possible development of future tree
permitting application content to
implement City Goals on habitat,
equity & canopy coverage.
o To evaluate City data to reveal
discernable connections between
environmentally burdened areas and
natural resource coverage. Identify
where and how revised CAO
6
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 5 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
regulatory and programmatic efforts
could benefit the local community.
o To evaluate legally non-conforming
development in existing and potential
buffers.
o If needed, provide 16 hs consultant
assistance.
Deliverable 3.3
(to City)
City Staff to prepare summary memorandum
of GIS analysis identifying possible CAO and
other code changes; main content from City,
assembled and fleshed out by Consultant.
TASK 3 Best Available Science (BAS) Review 11/10/25
Step 3.1
Review BAS
• The Consultant team will review Tukwila’s
existing BAS report to determine updates
needed to be consistent with changes in
science and regulatory guidance.
• The Consultant team will prepare an
outline with applicable references.
2025-07-15
Step 3.2
Special Consideration of Anadromous
Salmonids
• Consultant to interview City staff and
other professional expertise to consider
local habitat and options for fulfilling WAC
365-195-925
“Special consideration should be
given to habitat protection measures
based on the best available science
relevant to stream flows, water
quality and temperature, spawning
substrates, instream structural
diversity, migratory access, estuary
and nearshore marine habitat
quality, and the maintenance of
salmon prey species.”
2025-07-15
Step 3.3
Compose Draft BAS Technical Memorandum
The Consultant team will prepare:
1. Preliminary BAS Technical
Memorandum outline and reference
list
2. Draft BAS Technical Memorandum
for City staff review
3. Final BAS Technical Memorandum
that incorporates City comments
2025-07-15 2025-09-01
7
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 6 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
Deliverable 3.3a
(to City) Draft BAS Technical Memorandum 2025-09-01
Deliverable 3.3b
(to Commerce) Final BAS Technical Memorandum 2025-09-22
TASK 4 Analysis of Current or Potential Ancillary City
Regulations and Programs
Step 4.1
Staff Analysis of Potential Ancillary
Regulatory and Program Options
• Evaluate existing City code and programs
to determine if possible impediments or
gaps to critical area regulation
effectiveness exist, and/or there are other
opportunities to enhance effectiveness.
• This analysis will include an inventory and
analysis of:
o Legally Non-Conforming Development
(LNCD) occurring in ECAs; and current
code allowances in LNCDs.
o Mitigation sequencing requirements;
nuisance tree regulations;
o iMap ECA mapping insufficiencies; and
o Incentives for high-value tree/grove
retention, and
o Canopy coverage;
o Impervious surface canopy coverage
achievement; and
o Insight and recommendations for code
amendments to address identified
deficiencies and develop strategies for
overcoming potential challenges to the
City adopting larger buffer widths.
2025-07-15
Deliverable 4.1a
(to
City/Commerce)
Staff to prepare final Summary of Potential
Ancillary Regulatory and Program Options
Analysis and recommendations for
Community Engagement and Review
Strategy
2025-10-31
TASK 5 Community Engagement
Step 5.1
Civic Engagement Plan
• The Consultant and City staff will develop
a civic engagement plan to lay the
foundation for understanding of the
Environmentally Critical Areas and Code
Regulations and the requirements of the
update.
2025-07-25 2025-12-15
8
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 7 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
• Materials will be prepared by consultant
for the Tukwila City Council and
subsequent discussions.
• Planned community engagement events
include one general community meeting
prior to CAO adoption and several City
Council briefings.
Step 5.2
Community Educational Materials
(Consultant)
• Materials explaining the CAO and tree
canopy will be developed for use at the
public meeting and later
• Following adoption, public outreach
materials will be developed to focus on
understanding and application of the new
code, including postcard mailing with
individualized education of parcel level
canopy coverage statistics. Staff to
coordinate with consultant on which
materials are needed in Phase I and which
are needed in Phase II.
2025-07-25 2025-06-30
Deliverable 5.1a
(to City/
Commerce)
Public Meetings and Engagement products,
staff and consultant to develop:
• Materials needed for public meeting
and community engagement, including
basic summaries of CAO application, Q
& A materials, website text, and Council
document support
• The project will provide two mailings: a
postcard/mailing to property owners
with critical areas and to all property
owners regarding tree canopy
TASK 6 Drafting of Critical Area Ordinance Land Use
Code Amendments and Supporting Guidance
11/20/2025
Step 6.1
GAP Analysis
• Consultant will:
o Augment current CAO Gap Analysis,
and cross-reference with GMA
requirements to check for potential
deficiencies.
o Assessment topics to include
adequacy of habitat
connectivity/grove protections,
priority habitats, and whether City
should protect shallow ground water
9/1/25
9
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 8 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
by identifying and protecting CAR
zones.
o Identify current CAO shortcomings
relative to City Comprehensive Plan
Environmental goals
o Evaluate regulatory mechanisms
(existing and recommended) should
be used to ensure desired results are
achieved
Deliverable 6.1a
(to City/
Commerce)
Draft all necessary agency checklists
(Commerce, WDFW)
2025-12-31
Deliverable 6.1b
(to City) Draft Gap Analysis 2025-10-20
Deliverable 6.1c
(to Commerce) Final Gap Analysis 2025-10-31
Step 6.2 Jurisdictional Comparison of CA and Tree
regulations
Deliverable 6.2a
(to City)
Comparative summary of area critical area
and tree regulations
Step 6.3
Case Law Summary by Consultant
• Guidance for the City to use in developing
an effective and legally defensible CAO
update, providing focus on:
1. Critical area, &
2. Legally non-conforming regulations.
2025-07-15
Deliverable 6.3a
(to
City/Commerce)
Final Case Law Summary
2025-10-31
Step 6.4
Draft Code and BAS Crosswalk
• The Consultant team will prepare a public
review draft CAO, identifying CAO
revisions and indicating the rationale for
proposed content.
• In order to ensure readability and clarity in
interpretation and application of
regulation, without losing the scientific
accuracy and purpose of the language,
review draft CAO language and processes.
• Staff to submit documents needed for 60-
day Commerce review
8/15/25
Deliverable 6.4a
(to City) Public review draft CAO (and crosswalk) 12/30/25
10
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 9 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
Deliverable 6.4a
(to City) Final draft CAO (and crosswalk) 12/30/25
TASK 7 Adoption Support
Step 7.1
Presentation to City Council
• Support City staff in presenting the final
CAO amendments to the City Council.
This includes attending up to 3 Council
meetings to provide technical support
during the legislative process.
Step 7.2
Final CAO Land Use Code Amendment for
Adoption.
• Following all public deliberation and
hearings, Facet will prepare a final CAO
for adoption by City Council.
Deliverable 7.2a
(to
City/Commerce)
• Final CAO for adoption (to be adopted
earlier)
2025-12-15
PHASE 2: TREE CANOPY METHODOLOGY – GIS + INCENTIVE PROGRAM
TASK 8 GIS Data Pilot
Step 8.1 Staff to complete initial evaluation period of
new data and provide summary
Step 8.2
GIS Effectivity Test
• Staff to define evaluation criteria for
testing data effectivity.
• Staff to complete initial evaluation
period of new data and provide
summary. Staff to assess new data via
test-cases.
Deliverable 8.2a
(to City/
Commerce)
Staff to complete initial evaluation period of
new data and provide summary.
TASK 9
Identification of Canopy Protection Incentive
Program for Private Property Owners
6/30/2026
Step 9.1
Incentive Efforts Research
Consultant to
1. identify existing City voluntary canopy
protection/enhancement efforts and if
they could be used in Tukwila, and
5/30/2026
11
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 10 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
2. research those offered by other
jurisdiction for City consideration; the
program may include incentives such as
development benefits, stormwater fee
rebates, etc.
This phase will integrate public input
received during previous phase.
Deliverable 9.1a
(To City/
Commerce)
Incentive Efforts/Programs Summary
6/30/2026
Task 10 Facilitation of Incentives Program Launch
Step 10.1
Facilitation Meetings
Consultant to facilitate 3-4 interdepartmental
City stakeholder meetings to launch the first
phase of developing the selected Tree
Canopy Incentive Program.
Deliverable
10.1a
(to City/
Consultant)
Consultant to provide a Phased Plan to form
and implement a Tukwila tree canopy
incentive program
6/30/2026
12
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, AICP, Community Development Director
BY: Nancy Eklund, AICP, Long Range Planning Supervisor
CC: Mayor Thomas McLeod
DATE: July 14, 2025
SUBJECT: Contract with Facet NW for Environmental Services
ISSUE
The Council is being asked to approve a contract with Facet NW for project-related and on-call
environmental services.
BACKGROUND
The City has identified the need for specialized scientific and natural resources expertise to
complete planning and regulatory projects necessary to protect the City’s critical areas and
natural environment. Two tasks have been identified for Facet assistance:
• Task 1: Environmental services to fulfill the scope of work, as described in the
Commerce and Ecology grant agreement received by the City. This work includes an
update of the City’s Critical Areas Ordinance (the deadline for submittal for the CAO
update is 12/31/25, per the Growth Management Act (GMA)). In addition, Facet’s
expertise is needed to provide guidance in the acquisition and implementation of
enhanced Geographic Information System (GIS) data pilot project that will enable
greater analysis of Tukwila’s tree canopy and natural resources, with the intent of
identifying opportunities for greater protection of these resources.
Task 1 work is revenue-backed and fully funded through a grant from the Washington
Departments of Commerce and Ecology.
• Task 2 - This task provides for peer review of critical area studies submitted by
applicants, including wetland delineations, habitat assessments, and mitigation plans, to
ensure consistency with the Tukwila Municipal Code and best available science. It also
includes consultant support for the Critical Area Designation permit, including initial site
reconnaissance, preparation of a reconnaissance report, and development of a cost
estimate for any additional study or delineation work requested by the applicant.
Task 2 work is revenue-backed and fully funded through permit fees collected from
applicants.
DISCUSSION
This contract will enable the City to secure the scientific and environmental expertise needed to
best address the City’s compliance with GMA and align with numerous City Goals focused on
the protection of Tukwila’s natural environment and community health and safety.
13
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
Both Task 1 and Task 2 listed in the Facet Scope of Work are revenue-backed through grant
funds or permit fees, respectively.
RECOMMENDATION
The project is related to the Grant agreement with the Washington Departments of Commerce
and Ecology. Due to the very short period within which the City needs to complete its update of
the Critical Areas Ordinance and the lengthy timeline required by the Washington Departments
and Commerce and Ecology to process the grant that provides funding for creation of the CAO,
Staff recommends that the City use an expedited review process to approve this consultant
contract, as follows:
•PCD on July 14, 2025 – Committee recommends that the project and contract be
forwarded to the Council for approval.
•Regular Meeting, City Council, July 21, 2025 - Staff recommends that based on the
scope of work the Council authorize the Mayor to sign the contract when it is received.
This would occur once the Commerce and Ecology grant scope has been finalized and
integrated into the Facet NW contract.
ATTACHMENTS
•Facet Contract – DRAFT
•Exhibit A On-Call Scope of Work - DRAFT
•Exhibit B Grant Scope of Work – to be provided with final Grant agreement
14
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as “the City”, and FACET NW Inc., 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 two services: first, on-
call services (“Services”) as described in Exhibit A and services as described in Exhibit B, in
connection with the project titled Critical Area Ordinance development.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit “A”
and Exhibit “B” 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 December 31, 2028, 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 December 31, 2028, 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
“A” attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $75,000.00 without express written modification of the Agreement signed by the
City.
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 the grant amount of $XXX,XXX.XX 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.
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5. Ownership and Use of Documents. All documents, drawings, 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 the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant’s endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, 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 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agen ts,
representatives, or employees. Consultant’s maintenance 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 City’s recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop-gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant’s Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
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4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant’s profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant’s Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant’s insurance and
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors’ coverage.
F. 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.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, 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 of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, 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 warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
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11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affili ation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
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 reque sted 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:
Dan Nickel
9706 4th Ave NE, Suite 300
Seattle, WA 98115T:
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.
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DATED this _________ day of ____________________________, 20_____.
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CONSULTANT:
By:
Printed Name: Dan Nickel
Title: Executive Vice President, Principal of
Planning
Contract to include Current Employee Rate Sheet and Task Request form
19
EXHIBIT A
ON-CALL SCOPE OF SERVICES
The Consultant shall provide services to the City of Tukwila on an as-needed basis related to
assessment of environmentally critical areas (ECA’s), including but not limited to, peer review
of ECA reports produced by third parties. The City shall authorize in writing the specifications
and the scope of review to be completed by the Consultant. The Consultant will provide a cost
estimate or bid based on that scope for approval.
In addition, this task includes consultant support for the Critical Area Designation permit,
including initial site reconnaissance, preparation of a reconnaissance report, and development
of a cost estimate for any additional study or delineation work requested by the applicant. All
work beyond the reconnaissance report will be billed to and directly paid by the permit applicant.
The Consultant shall perform tasks including, but not limited to, these subjects:
• Critical area studies on a parcel(s) basis for development proposals
(single or clustered), including mitigation, maintenance, and
monitoring plans
• General review of project impacts for ECA code compliance per TMC, WAC and
RCW
• Wetland delineations, classification, and rating
• Watercourse delineation and typing
• Arborist reports, tree retention plans, tree risk assessments and other
arboriculture services as requested
Additionally, the Consultant may perform additional tasks, or may subcontract tasks
including, but not limited to, these subjects:
• Technical information reports (TIR per KC Surface Water Manual)
• General riverbank analyses
• Hydrologic and Hydraulic studies/modeling
• Phase I site analysis (MTCA)
Services and deliverables may include, but are not limited to:
• Site analysis
• Development plans review
• Reporting
• Verifying the correctness or adequacy of work similar to that described above that
has been prepared by a consultant hired by a permit applicant i.e., perform “Third
Party” review.
• Representing the City at hearings related to review of a proposal, if needed.
• Assisting the City in reviewing projects with impacts ECA’s and associated buffers
under the State Environmental Policy Act (SEPA), EIS, etc.
• Assisting the City in determining costs associated with proposed rehabilitation,
enhancement, or mitigation work.
20
• Assisting the City in interpreting and implementing ECA regulations, as necessary.
• Coordinating with staff, and other Qualified Professionals re ECA compliance.
21
TASK ORDER TEMPLATE
Project Name:
Project Location:
Permit Number:
Date:
Task Order
Project
Manager
Hours
Project
Scientist
Hours
Other
Consultant
Total Hours
Summary Hours Rate Total
Project Manager
Project Scientist
Other Consultant:
Total Labor
TOTAL ESTIMATED COST, NOT TO EXCEED
Authorized by DCD Director:
22
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning & Community Development Committee
FROM: Laurel Humphrey, Legislative Analyst
Nora Gierloff, DCD Director
CC: Mayor McLeod
DATE: July 14, 2025
SUBJECT: Cannabis Retail Business Zoning Considerations
ISSUE
The City Council requested options to potentially expand zoning for cannabis retail establishments.
BACKGROUND
Initiative 502 passed in November 2012 and created a comprehensive regulatory approach on
cannabis with state-licensed producers, processors and retailers. Initiative 502 received a yes vote in
all but one Tukwila precinct. HB 2870 created a Marijuana Social Equity Program in 2020 to address
historic racial inequity in enforcement of marijuana laws. In 2022, 2SHB 1210 replaced all references
to “marijuana” in state statutes and regulations with the word “cannabis.”
• On September 3, 2013, the City Council adopted Ordinance 2407 to implement Initiative 502,
determining that cannabis retailers, producers and processors are permitted uses in Tukwila
Valley South and Heavy Industrial Zones, subject to the 1,000-foot exclusion rule (see
attachments 1 and 2).
• In 2015, 2SSB 5052 and HB 2136 allowed cities to reduce buffers from 1000 to 100 feet around all
entities except elementary and secondary schools and public playgrounds (see attachment 3).
• In 2017, the City Council received two separate requests to expand permitted cannabis retail
zones but denied both on February 13, 2017.
• In September 2019, the Finance Committee discussed revenue and zoning considerations and
decided against recommending any changes to the City Council at that time.
• In June 2021, the Finance & Governance Committee discussed revenue potential and decided
against recommending any changes to the City Council.
• On May 13, 2024, the Planning and Community Development Committee discussed expanding
retail cannabis zoning and recommended the topic return to the full Council for discussion in
November 2024.
• On June 10, 2024, the Council discussed expanding retail cannabis zoning, heard pro and con
public comments, and reached consensus to continue further discussions in 2025.
DISCUSSION
Zoning
Currently, cannabis retail, production and processing are only permitted in the Tukwila Valley South,
Tukwila South Overlay, and Heavy Industrial Zones. (Read more in the 8/26/13 staff report.) The City
has received requests to expand those zones to include Regional Commercial Mixed Use (RCM) and
the Southcenter area. Within the Southcenter area, the Tukwila Urban Center Commercial Corridor
and Workplace Districts (TUC-CC and TUC-WP) might be most appropriate as they only allow limited
residential uses and are largely unaffected by the State buffers even if those are kept at the maximum
1,000-foot distance. 23
INFORMATIONAL MEMO
Page 2
Buffer Distances
State regulations listed in WAC 314-55-050 prohibit issuance of licenses for cannabis businesses
within 1,000 feet of the following uses:
(a) Elementary or secondary school;
(b) Playground;
(c) Recreation center or facility;
(d) Child care center;
(e) Public park;
(f) Public transit center;
(g) Library; or
(h) Any game arcade (where admission is not restricted to persons age 21 or older).
Cities may reduce those buffer distances to not less than 100 feet except for schools and playgrounds.
Attachments 1 and 2 show the effect of the 1,000 and 100- foot buffers around the above uses.
Reducing these buffer distances where allowed would increase the location options for cannabis
businesses. Which, if any, buffers would the Council consider reducing?
Current Licenses
Through the I-502 rulemaking process, the Liquor and Cannabis Board adopted regulations on the
number of cannabis retail store licenses for jurisdictions, determining a maximum of two for Tukwila.
A third cannabis retail license was granted in Tukwila as part of the social equity effort per E2SHB 2870
and SB 5080. All cannabis licensing is regulated and enforced by the Washington State Liquor and
Cannabis Board. There are currently active licenses for Tukwila’s three retail allotments: Mount Baker
Retail Partnership, LLC (12539 E Marginal Way S), Dash & Wrigley LLC (13003 Tukwila International
Boulevard), and Kahn Holding (5301 Southcenter Blvd, Suite B). None of these are open and
operating currently, likely due to difficulty finding appropriate locations. Licensed retailers are
required to be open and operational, but licenses can be held without opening if they obtain a title
certificate relieving them of the requirement to be open based on a moratorium, ban, or other zoning
restriction, or if the business is temporarily discontinued while they move locations.
Sales, B&O and Excise Tax Revenue
Active cannabis retail stores would generate three separate revenue streams: excise tax, sales tax, and
B&O tax. The state cannabis excise tax and its distribution has changed over time and can be altered
in any future legislative session. The State currently taxes cannabis through a single excise tax of 37%
at the time of retail sale, in addition to the regular state and local sales tax, and $30M of that statewide
revenue is shared with cities, towns and counties. There are two components to the distributions: 1)
per capita share to all jurisdictions that allow the siting of producers, processors and retailers; 2) retail
share to all jurisdictions where licensed retailers are physically located and in proportion to total
statewide retail sales. Tukwila does not have any open and operating cannabis businesses and
therefore does not receive sales-based revenue. Tukwila’s per capita distribution has been:
Year* Revenues
2024 $37,276
2023 $36,302
2022 $32,334
2021 $24,013
2020 $23,479
2019 $23,123
2018 $23,364
*State Fiscal Year: July 1 – June 30 24
INFORMATIONAL MEMO
Page 3
Beyond the excise tax, cannabis retail operations would generate sales and B&O tax. For every $1
million in cannabis sales, the City could expect to receive $9,000 in annual sales tax revenue (10% tax
rate less the fee taken by the state for collection).
Staff looked up average retail sales within 5-miles of a cannabis retailer in the Ikea District of Renton,
and for Jan-December 2023, the average per store was $4.1 million. Hypothetically, if three retailers in
Tukwila had combined yearly sales of $12M, the City could receive $108,000 of sales tax and $6,000 in
B&O tax in addition to the increased excise revenue described above. Another hypothetical example
comes from the City of Covington, which has two cannabis retailers and a residential population similar
to Tukwila. In 2023, the two Covington retailers had combined sales of $12.8 million. Using this as
another hypothetical scenario, the City could receive $173,000 in sales tax and $9,000 in B&O tax.
It is difficult to estimate what Tukwila would receive for its tax share if the three state-issued licenses
were open and operational businesses. The excise tax formula depends not only on population but
also on cannabis retail sales as a proportion of total retail sales, as well as the number/total
population of cities and counties that prohibit marijuana. MRSC used to offer an estimate calculator
but discontinued it due to complexity of the formula. While the revenue potential is difficult to
predict, we can look to neighboring jurisdictions for insight, while recognizing that their larger
residential populations result in greater shares than Tukwila would receive in similar circumstances.
The chart below shows the 2024 cannabis excise revenue for neighboring cities with open retailers:
City (number of locations) Population 2024 Cannabis Excise Revenue*
Burien (2) 50,216 $164,000
Auburn (4) 83, 757 $238,000
Des Moines (2) 32, 177 $135,000
Renton (4) 102,716 $300,000
Covington (2) 21,374 $104,942
*State Fiscal Year: July 1 – June 30
Based on these scenarios, if three retail locations were open and operational, Tukwila could expect to
see between $200,000 and $275,000 in tax revenue annually.
Crime & Safety around Retail Locations
Cannabis retail stores are frequent targets for theft, typically in the form of armed robberies or smash
and grab burglaries. Cannabis retailers have access to state-chartered credit unions and banks for
financial services, and there are a number of institutions in Washington that provide service to the
industry. The table below demonstrates the incidents of all robberies and burglaries in the state. It is
important to note that in 2021, the State changed the police pursuit law, limiting the ability of officers
to pursue suspects. In 2023, the law was changed to again allow police to pursue drivers if there is
reasonable suspicion that a crime has occurred. This took effect on June 6, 2024.
25
INFORMATIONAL MEMO
Page 4
Source: Uncle Ike's i502 Robbery Tracker
Alarms and surveillance systems are required at cannabis locations per WAC 314-55-083. Through the
code update process, the City Council could consider establishing permitting requirements designed
to address theft and crime concerns. Some suggestions are bollards to prevent cars from being used
to smash open doors, commercial-grade non-residential door locks and/or window locks, and shatter
resistant window film.
RECOMMENDATION
Staff is seeking Committee direction on the following topics:
• Any additional zones to allow cannabis retail uses;
• Any changes to buffer distances from sensitive uses; and
• Any security features above those required by the State.
With this information staff can return with a draft ordinance, prepare a SEPA determination, route the
changes to the Department of Commerce for 60-day GMA review, and schedule a public hearing for the
Council.
ATTACHMENTS
A. Map showing current cannabis zoning and buffers in Tukwila
B. Map showing minimum cannabis buffers now allowed by Washington State
26
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