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HomeMy WebLinkAboutPlanning 2026-04-23 COMPLETE AGENDA PACKETCity of Tukwila Thomas McLeod, Mayor Department of Community Development - Nora Gierloff, A!CP, Director CITY OF TUKWILA PLANNING COMMISSION (PC) AGENDA APRIL 23, 2026 - 6:30 PM Join in -person at: 6200 Southcenter Blvd, Council Chambers, Tukwila, WA. 98188 To participate in the virtual meeting at 6:30 pm: By Phone: Dial +1 253-292-9750, Access 779 253 241# Online: To join this meeting virtually please click on Planning Commission on the 4/23/26 calendar date on the events page located at https://www.tukwilawa.gov/events/ For Technical Support during the meeting, you may call 1-206-433-7155 I. Call to Order II. Roll Call III. Appointment of 2026-2027 PC Officers Per the 10/23/25 PC Bylaws adopted; PC officers are appointed. - The 2025-2026 PC Vice Chair, Commissioner Kaehler is appointed as the 2026-2027 Chair. - Based on seniority and acceptance to assume the position, Commissioner Halverson is appointed as the 2026-2027 Vice Chair. IV. New Officers will assume their roles immediately tonight and Commissioner Kaehler will take over the remainder of the meeting as chair. V. Amendment of the Agenda, if necessary VI. Approval of Minutes - 3/26/26 VII. General Public Comments (acknowledge non -hearing -related written comments received) VIII. New Business 1. PC Procedures Training, Nick Morton, City Attorney 2. Tukwila Housing Overview, Isaac Gloor, Senior Planner and Neil Tabor, Senior Planner. IX. Director's Report X. Adjournment Reminder: Staff are available to address PC questions regarding packets. Please call or email PC Secretary Wynetta Bivens, (206-431-3654 Wynetta.Bivens@TukwilaWA.gov) to be connected with a staff member. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov City of Tukwila Thomas McLeod, Mayor Department of Community Development - Nora Gierloff, AICP, Director CITY OF TUKWILA PLANNING COMMISSION (PC) MINUTES Date: March 26, 2026 Time: 6:30 p.m. Location: Hybrid Meeting - via Microsoft Teams / Public, In -Person Attendance, and Council Chambers, 6200 Southcenter Blvd., Tukwila, WA 98188 Call to Order Chair Durant called the Tukwila PC meeting to order at 6:31 p.m. Roll Call The PC Secretary took roll call. Present: Chair Ann Durant; Vice Chair Alex Kaehler; Commissioners; Richard McLeland Wieser, Jacob Halverson, Jessica Parra, and Kyle Upton Absent (Excused): Louise Strander Staff: Development Supervisor Max Baker, American Institute of Certified Planners (AICP), Department of Community Development (DCD); Senior Planner Neil Tabor, AICP, DCD; Senior. Planner Isaac Gloor, DCD; and PC Secretary Wynetta Bivens, DCD Amendment of the Agenda No changes to the agenda were requested. Approval of Minutes Commissioner McLeland Wieser moved to adopt the 10/23/25 Minutes. Commissioner Halverson seconded the motion. Motion passed. Written General Public Comments No submittals. Introduction of new PC members: Commissioner Jessica Parra Commissioner Kyle Upton Unfinished Business None. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 1 Planning Commission Minutes 3/26/26 Page 2 New Business 1. Senior Planners Neil Tabor and Isaac Gloor walked through a summary of the 2024 - 2025 projects that PC reviewed, various requirements, code amendments and project updates. Also, Senior Planner Tabor noted that the City Council (CC) adopted the Zoning Code Update October 2025. There was lengthy discussion on community residential development regarding housing type limits allowed on a lot. Senior Planner Gloor noted he currently has a development proposal for five homes on a lot - the first proposal exceeding four units on a lot. Commissioner Halverson requested that staff let PC know the outcome of early middle housing project applications. 2. Senior Planner Tabor also walked through some 2026 PC anticipated agenda items. Director's Report - Development Supervisor Max Baker noted that the CC held a meeting related to the moratorium on detention facilities and that the city received national attention. He said comments addressed to the PC were received on the issue, and PC members are welcome to review them, however, this item would not be reviewed by PC. He said, if PC receives calls or inquiries on this type of issue, staff can pass on information and direct people to where they can get help. - The DCD Permits Division is actively moving to new permitting software (SmartGov). This software will track permits and schedule inspections more easily and is more user friendly than the current software. - The 2026 State of the City will be held on Wednesday, April 29th at Foster High School. Doors will open at 5:00 p.m. and the presentation starts at 6:00 p.m. A flyer will be sent to the PC. - An open house on Critical Areas Updates will be held on Wednesday, April 15th at the Sullivan Center, from 5:30 p.m. - 8:00 p.m. There will not be a formal PC review on this item. - Commissioner Halverson shared with staff it helped him to review the previous code amendments when notations were included in the margin. He said, this practice helped him understand why something was removed instead of just seeing strikethroughs in the document. Adjournment Commissioner McLeland Wieser moved to adjourn. Commissioner Kaehler seconded the motion. Motion passed. Adjourned: 8:15 p.m. Submitted by: Wynetta Bivens, PC Secretary 2 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Planning Commission Protocols: Role of the PC, Open Public Meetings, & Public Records Nick Morton, Assistant City Attorney GEDEN MUR\PHY Tukwila Planning Commission WALLACE ATTORNEYS Presentation Overview: • Role of the Tukwila Planning Commission • Tukwila Municipal Code (TMC) Chapter 2.36 • Planning Commission Bylaws • Open Public Meetings Act (OPMA) Requirements • Chapter 42.30 RCW • Public Records Act (PRA) Requirements/Retention • Chapter 42.56 RCW 2 Planning Commission - TMC Chapter 2.36 • Pursuant to the authority conferred by RCW 35A.63, the Tukwila Planning Commission ("Commission") is hereby established to serve in an advisory capacity to the Mayor and City Council on matters relating to land use, comprehensive planning and zoning. - TMC §2.36.010 • The City Council delegates the Planning Commission's workload either through: • Outlining their responsibilities in the Zoning Code or • Asking for a recommendation on a special topic ONW 3 Bylaws - Planning Commission Objectives 1. To influence in a positive manner the major planning efforts and projects that will affect the city. 2. To advocate consistency and integration among plans which provide a future image and direction for the city as well as the means for meeting more immediate needs. 3. To ensure that effective citizen participation, including opportunities for timely public involvement, are part of the City's planning processes. 4. To represent a whole -city viewpoint when evaluating proposed plans, projects and issues. 5. To make recommendations which recognize the City's needs and government's constraints as well as identified citizen viewpoints. O NW 4 Bylaws -Legislative Public Hearings Article V, Section 1: Meetings "The purpose of legislative public hearings is to obtain public input on matters of policy. Such hearings do not involve the legal rights of specific, private parties in a contested setting but rather affect a wider range of citizens or perhaps the entire city. If challenged, the decision reached at a legislative public hearing is only reviewed to determine if it is constitutional or violates state law." "The Commission may devote part or all of a meeting to an informational work session during which no comments from the public will be permitted, unless the Chairperson or a majority, on a case -by -case basis, decides otherwise." O NW 5 Bylaws - Legislative Hearing Procedures All legislative hearings held by the Commission shall use the following procedures: 1. Chair — state the purpose of the legislative hearing and the action the Commission may take. 2. Staff — present the staff report and take questions from the Commission. 3. Chair — open the public hearing and receive public comment. 4. Chair — close the public hearing once all public comment is received. 5. Commission — make a motion on the topic at issue. 6. Commission — deliberate. 7. Chair — call for a vote on the motion. NOTE — Commission Decisions and recommendations must be consistent with the Comprehensive Plan and development regulations. 6 Bylaws -Voting Voting on all matters is by simple majority (except bylaw amendments): • The Chair has one vote — same as all other Commissioners • For matters considered to be of extreme importance, the Chair may call for a roll call vote • No matter may be voted upon unless: a. All required notice procedures for that vote have been followed; and b. The matter has been discussed at a previous meeting of the Commission, or c. The matter has been placed on the agenda prior to the meeting by the Secretary; or d. A new legislative item, not on the agenda, and considered by a 2/ 3 vote of the Commission to constitute an extreme emergency and that would thus warrant an immediate decision, may be approved by a 2/ 3 vote, or e. A new procedural item, not on the agenda, may be approved by a simple majority vote. OM 7 Bylaws - Receiving Public Comment and Testimony General, Non -Public Hearing Related Comments • Public comment on general, nonpublic hearing related items is provided for during all regular meetings. • Must be written and provided to the Secretary prior to 5:00 pm the day before the Commission meeting. Public Hearing Comment • During the public hearing, both written and oral comment relating to the items being considered by the Commission may be provided. • Written comments must be provided by email, mail, or personal delivery to the Secretary by 5: pm the day before the public hearing. O NW 8 Open Public Meetings Act (OPMA) Chapter 42.30 RCW Legislative Declaration • "The people, in delegating authority, do not give public servants the right to decide what is good for the people to know and what is not good for them to know." • "The people insist on remaining informed so they may retain control over the instruments they have created." Rules • Meetings declared open and public. • All Meetings of the Governing Body Shall be Open and Public — Gavel to Gavel • All Persons Shall be Permitted to Attend any Meeting of the Governing Body, Except as Otherwise Provided by Law • The Purpose of the OPMA is to Allow the Public to View the "Decision -making Process" Open Meetings Important Definitions: • Meetings — All meetings under State Statute are considered Regular Meetings if codified at a regular date, place, and time. Any other meeting is considered a Special Meeting. Meetings are considered to occur when a quorum of the Membership takes "Action." • Action — Means the Transaction of Official Business • Public Testimony; All Deliberations; Discussions; Considerations; Reviews; Evaluations • Final Actions — the OPMA is in Effect Whether or Not "Final" Action is Taken OM 10 • Regular Business Meetings • Study sessions, workshops, retreats, etc. • Special Meetings • Executive Sessions • Attendance at Others' Meetings • Attendance at Social Events • Serial Meetings OM Types of Meetings 13 11 Serial Meetings • Serial meetings, or rolling meetings, occur when a quorum of councilmembers take "action" (which includes discussion) on city business. • These would be covered by the OPMA. • This can happen with emails, text messages, phone calls, in - person meetings, etc. • A quorum of members does not need to be on the same email chain or phone call — successive discussions creating a "tree" would be inappropriate. • The only way it is permissible is if one member emails the other members for the purpose of providing relevant information and those other members merely "passively receive" the information and no discussion follows either directly in response or in other communication line 12 Open Meetings Use of Social Media • When conducting city business using social media, use disclaimers (or link) • Clearly distinguish your personal view from official City / entire Commission position on a topic • Avoid a quorum of the Commission discussing city business using the same social media platform or post 15 13 Public Comment • Public Meetings v. Public Hearings • Public Meetings: public comment only taken at or before regular meeting which final action is taken or is otherwise required by state law • Public Hearings: public comment taken before a significant decision is made in order to provide due process or when a specific statute or regulation requires one. • Purpose: one-way communication for members of public to provide testimony to governing body on the record. 14 Why does this matter? Because there are penalties for noncompliance with the OPMA 1. Personal Liability 2. Public Agency Liability 3. Improper Actions Void 4. Potential Grounds for Recall I. 17 Takeaways for OPMA Compliance • Is there a quorum or more of the governing body? • Is there a serial meeting occurring? • Is there just passive receipt of info related to agency business? • Are you in listening/receiving mode? ro:5-7 Well, let's get started now we've got a quorum." O1 V V 16 Public Records Act Chapter42.56 RCW • PRA is "a strongly worded mandate for broad disclosure of public records." Hearst v. Hoppe, 90 Wn. 2d 123 (1978). • Requires all agencies to disclose public records unless an exemption applies. • Imposes fines for non- compliance. • Act requires strict compliance QN/W What does the PRA require agencies to do? • Appoint a Public Records Officer • Adopt rules of procedure that address production, proper keeping, and fullest and timely assistance in response • Publish procedures describing certain agency organization, operations, rules, and other items listed in PRA • Publish PRA fee schedules • Provide for a review • Procedure for any denial of records • Publish information related to where requests must be submitted ON'W 18 What does the PRA apply to? "AGENCY" An "agency" is defined as all state agencies and all local agencies (and all their employees and appointed officials) in Washington. RCW 42.5 6.010(1). OlvW "PUBLIC RECORD" A "public record" is "any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state of local agency regardless of physical form and characteristics." RCW 42.56.010(3). 21 19 Searching and Providing Records • Searches • Agency must conduct adequate search — consider all forms, all locations, all possible search terms, all possible forms of records • Search criteria; time taken to produce records, and areas searched must all be documented • Installments • Records can and should be provided in installments if the request is very large or time-consuming Statutory Exemptions LEMPT) • Exemptions • Not all records, or parts of records, are disclosable — depends on the information contained in the record and if a legal exemption applies • Exemptions are narrowly construed • An Exemption Log must be prepared and given to requestor noting legal reason record/part of record was redacted • Privacy: • There is no general "privacy" exemption in the PRA • Privacy is considered invaded only if (1) highly offensive to the reasonable person and (2) not of legitimate concern to the public 23 • 21 Duty to Preserve Records Legal Penalties, Including Fines and Imprisonment RCW 40.16.010 Injury to public record. Every person who shall willfully and unlawfully remove, alter, mutilate, destroy, conceal, or obliterate a record, map, book, paper, document, or other thing filed or deposited in a public office, or with any public officer, by authority of law, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years, or by a fine of not more than one thousand dollars, or by both. OM 22 Enforcement and Penalties Jurisdictions have been subject to fines reaching several hundred thousand dollars for PRA violations - failing to provide responsive records promptly. OlvW RCW 42.56.550(4)judicial review of agency actions. • Requestors - Awarded Attorney Fees • Discretion of the court to award such person an amount not -to -exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record. 25 23 Records Retention • Maintenance of Records: https://www.sos.wa.gov/arch i ves/recordsmanagement/man ag i ng-city-records.aspx • Local Gov't Common Records Retention Schedule (CORE) • Records in Native File Format • Records Born Electronically • As noted earlier, there can be criminal liability for willful destruction or alteration ON'W 24 Duty to Produce Records • Business Records (Public) vs. Personal Records (Private) When Creating a Record as a Member vs. as an Individual • Records Kept on City Equipment vs. Personal Equipment • Business Records Received or Sent Outside of City Resources • What Do You Need to Keep? • Primary Records vs. Secondary Records • Cc'd Copies That You Do Not Proliferate as a New Record • Transitory Records - Have No Retention Value • What About Everything Else? • Commission Archive ONW 27 25 QU ESTI 0 N S? ONw Tukwila Housing Overview Planning Commission April 23rd, 2026 City of Tukwila Context • Population of 23,000 • 40% Foreign Born • 67% People of Color • 9.6 Square Miles • 9,200 Housing Units • 60% Multi -Family • 57% Rental (single family rentals balance out condos) • Many large or multi - generational households Settingthe Stage: Not Enough Housing • Department of Commerce's Housing Advisory Plan • Over the next 20 years, Washington State needs more than a million new homes to catch up with undersupply and accommodate new residents • Housing insecurity continues to be a challenge • Housing affordability is getting further out of reach • Progress toward reducing racial and ethnic disparities in housing and home ownership is slow • New housing production is not well aligned with housing needs • Need more middle housing and multi -family housing • Availability of affordable housing for those below 50% of median income is low, especially in communities outside the central Puget Sound (but there is also a shortage in King County, too) "Washington is among many states that are not producing an adequate and affordable supply of housing for our growing population," Paul Trautman, Affordable Housing Advisory Board Chair 31 Almost no Multi -Family Built for 25 years 16000 14000 12000 10000 8000 6000 2 4000 2000 0 Tukwila Housing Units and 2044 Target tip 04 C. fU 40 CO C. N - 40 CO C. N up on 6 0 O O c 6 6 O c fl O d Cr) N N N fU N N fV N N N CA N N N RI N N 0,1 RI N Year Housing Units Target Figure 21. Tukwila Housing Units and 2044 Growth Target. Source: OFM, 2023 and 2021 King County Urban Growth Center Report. 32 Why? • The City is nearly built out and land locked • In 1995 Multi -family zones were drawn around existing apartments/condos so little vacant MF land • Almost all growth had to be redevelopment of existing sites • Highest allowed density was 22 units/acre and 3 story • 2 parking spaces required per unit • 200 SF of outdoor recreation space required per unit • Stringent design review standards • Income levels don't support high rents but construction costs are regional What changed? • Allowed 5 over 2 story construction in 2011 • Used development agreements to change standards in 2012 and 2013 • Adopted mixed use zoning in 2014 Southcenter Plan • Adopted Multi Family Tax Exemption (MFTE) in 2014 • Reduced parking requirements in Southcenter • Reduced recreation space to 10% of unit area • Streamlined design review 400 350 300 250 200 150 100 50 o Residential Units Permitted per Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 • Houses, ADUs and Townhouses • Apartments Where is Tukwila now? • 2,160 units built since 2014 • 365 were new single family houses, ADUs, and townhouses • 1,804 were apartments built through development agreements and zoning changes • Of these 623 are rent controlled affordable units • Rezoned the TIB Corridor for greater density and flexibility in 2025 • Adopted Middle Housing Standards for the new Community Residential Zone in 2025 35 4 detached houses on a lot that previously would have only been allowed 3 Larger units than would have been allowed before zoning changes Middle Housing ON PILE OMPON, 61119300 n Iw I f_AIf1..11llt BI i it ,,,, :::: 7/ - 2 :1�/ii%%� %ii%�" :11 r' ii j*I ,;,‘,4,/j,c,:j.3 == //l/� �:/� iP' r f�-,em-%- - — - - — - i1"- s . �% SEE CIVIL PLANS BY !icINNIS ENSINEERIN6 FOR COMPLETE STORM, UTILITY, 6RA12IN6 TESL PLANS NOTE: UNITS WILL HAVE FIRE SPRINKLERS SITE FLAN - ZONING 0 E0 40 /'J_4. Middle Housing 5 detached houses on a lot that previously would have only been allowed 2 > S.- e ms= S D- SD - SD W 7‘\� So N 89°46'60" E S 141st St STREET CENTERLINE OS PROPOSED STOCKPILE AREA (SEE CIVIL DRAWINGS TESC PLAN AND DETAILS, SHEET CZ) CONSTRUCTION ENTRANCE (SEE CIVIL DRAWINGS TESC PLAN AND DETAILS, SHEET C2) SILT FENCE (SEE CIVIL DRAWINGS TESC PLAN AND DETAILS, SHEET C2) 5 ENTRY UNIT 5 1120SF • SITE PLAN 1"=20' 37 Middle Housing 5 cottage houses on a Shoreline lot 38 LEGEND PROPERTY LINE OF PROPOSED PROJECT — - - — PROPERTY LINE OF ADJACENT PROJECT wf EmsTING TING GI FENCE/ ATE — SANITARY W WEE MAIN ----- SANITARY SIDE SEWER —•--••— WATER CONNECT LINE 0dp DOWNSPOUT Id / I, WATER LINE SCALE 1 M0 LOT 133SE / P f / ./ SANITARY MAIN, f/ SEWER �y t/ LOT 13350 LOT COVERAGE CALCULAnoNS: DADUA'. 729 SF DADU B: 729 SE DADU C: 729 SE DADU D: 1195F DADU E: 729 SE ToGI=3,5055F LOT COVERAGE: 103 Impervious m kulatiort DADU A (d rneway): 100 5F DACU S (d h rveway): 100 5F DADU C (driveway): 1505F DADU 0 id0ueway)'. 1005E DADU E (driveway): 1,63S SF Total=7,035SE LEGALDESCRIPTION: legal Desuption: EASTOVERTON GARDEN TR52 NO LESS ST PIAT: EAST RAIERTON GARDEN TRS END LOT: 33 MED USE: SINGLE FAMILY (RES USE/2014E1 PLAC EL ZIP CODE: 98173 PARCEL USE CODE. 3 ZONING TYPE: LOW MESHY RESIDENTIAL DDT AREA OM ACRES (36,396 SO PROPERTY DATA: OWNER_ TOONILLIAm R. W PARCEL ID 7172130015S PARCEL ADDRESS I336036TNAVE PARCELADDRESS CITY: TURWILA PARCEL ADDRESS ZIP CODE: 98176463E ZONE CODE: IDS CRY NAME: W4 AREA DOG DEFINITION: EYING AREA NTS PROJ ECT LOCATION 1 Airmark Apartments 18 Stories, 371 Apartments Mixed Use apartments and hotel EB5 financing Allowed through a development agreement that modified height, parking, and recreation space MFTE Program Tukwila Village • Site assembled by Tukwila, DA with SHAG modifying height, parking, recreation space and offering below market land price • Mix of 404 affordable and market rate senior apartments • New, larger King County library • Community meeting space and cafe Mariblu Senior Living Developed under new Southcenter Plan regulations 166 market rate senior apartments Conventional financing MFTE Confluence by Bellwether 103 units 30-60% AMI affordability Studio-3 bedrooms 1 Block from the TIB Light Rail Station Allowed through a development agreement that modified height, parking, and recreation space LIHTC financed 42 Prose Southcenter 285 Units Market rate, all ages MFTE Village at 47th 272 Units Seniors and disabled Persons 30-60% AMI affordability 1 & 2 Bedrooms 44 Questions?