Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Reg 2009-10-19 COMPLETE AGENDA PACKET
Tukwila City Council Agenda REGULAR MEETING Jim Haggerton, Mayor Rhonda Berry, City Administrator Joan Hernandez, Council President Councilmembers: Joe Duffie Pamela Linder Dennis Robertson Verna Griffin Kathy Hougardy De'Sean Quinn Monday, October 19, 2009; 7:00 PM Ord #2253 Res #1694 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. CITIZEN At this time, you are invited to comment on items not included on this agenda (please limit your COMMENT comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. CONSENT Approval of Minutes: 10/5/09 (Regular). AGENDA Approval of Vouchers. 4. UNFINISHED a. An ordinance amending TMC Section 11.08 relating to permit requirements for on -site development Pg.1 BUSINESS on private property and permit fees and charges for performing work in a public right -of -way and for Public Works projects. b. Authorize the Mayor to sign an agreement with Perteet Engineering, Inc for GIS Inventory Area 6, Pg.5 in the amount of $150,000.00. c. Authorize the Mayor to sign a grant agreement with the Washington State Department of Ecology Pg.7 for the National Pollutant Discharge Elimination System (NPDES) program, in the amount of $50,000.00. (A City match is not required.) d. Authorize the purchase of six Intelligent Transportation System (ITS) traffic control cabinets from Pg.9 Western Systems of Everett for Tukwila International Boulevard Phases II and III, in the total amount of $120,947.13. e. A resolution commencing negotiations for an Interlocal Agreement with King County for the Pg.11 annexation of the Orillia area to the City of Tukwila. f. Authorize the Mayor to sign a contract amendment for Commercial Development Solutions for Pg.19 services associated with the Tukwila South project, in the amount of $22,000.00, for a period ending 12/31/2009. g. A resolution supporting the City of Seattle's proposal to host the 2018 or 2022 Federation Pg.21 Internationale de Football (aka Soccer)Association (FIFA)World Cup. h. 2009 Comprehensive Plan Amendments: Pg.25 1. An ordinance amending the Comprehensive Land Use Map for certain real property located at 3421 South 144th Street, Tukwila, from Medium Density Residential (MDR)to High Density Residential (HDR). 2. An ordinance rezoning certain real property located at 3421 South 144th Street, Tukwila, from Medium Density Residential (MDR)to High Density Residential (HDR). 3. An ordinance amending the Comprehensive Land Use Plan Transportation Corridors Element. 4. An ordinance amending various chapters of TMC Title 18, "Zoning Code" related to the new Urban Renewal Overlay District; adopting a new section and Figure 18 -15, as codified at TMC Chapter 18.43, "Urban Renewal Overlay District and amending the Official Zoning Map to add the "Urban Renewal Overlay District." i. A resolution ordering the cancellation of past -due accounts receivable and returned check write- Pg.83 offs. j. An ordinance establishing new regulations regarding water, sewer and surface water utility taxes. Pg.91 5. NEW A resolution finding the existence of an emergency resulting from Howard Hanson Dam capacity, Pg.99 BUSINESS necessitating levee work to be completed by November 7, 2009. 6. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433 1800 /TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL AGENDA SYNOPSIS N11LA L 4111,f Initials ITEM No. I Meeting Date 1 -epared by 1 Itilayorr review Council review 9, I 10/12/09 BG I ;k z' I 10/19/09 i1 BG I A .fir I iir vad LI-, A- 190: ITEM INFORMATION CAS NUMBER: 09-145 ORIGINAL AGENDA DATE: OCTOBER 12, 2009 AGENDA II'EM TITLE Ordinance Amending TMC Subsections 11.08.020 and 11.08.060 Relating to Permit Fees for Right -of Way and Private Property CATEGORY Discussion Motion n Resolution k Ordinance Bid Award Public Hearing n Other Mtg Date 10/12/09 Mtg Date Mtg Date Mtg Date10/ 19/( Jltg Date Mtg Date Mtg Date SPONSOR Counei/ n Mayor Adm Svcs DCD Finance Fire Legal U P&R Police PI-Y SPONSOR'S This ordinance will amend and update Chapters 11.08.020 and 11.08.060 of the Tukwila SUMMARY Municipal Code to revise permit fees pursuant to the settlement agreement with King County Water District 125. Changes include the separation of Type C permits to C1 for private development and C2 for work performed in the City right -of -way. Council is being asked to approve this ordinance. REVIEWED BY COW Mtg. fl CA &P Cmte F &S Cmte n Transportation Cmte Utilities Cmte Arts Comm. U Parks Comm. n Planning Comm. DATE: 09/29/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/09 Forward to Next Regular Meeting 10/19/09 MTG. DATE ATTACHMENTS 10/12/09 Informational Memorandum dated 09/23/09 Draft Ordinance Minutes from the Utilities Committee meeting of 09/29/09 10/19/09 Ordinance in Final Form and Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney C ity Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1995 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 11.08.060(D), RELATING TO PERMIT FEES AND CHARGES FOR PUBLIC RIGHT -OF -WAY AND PUBLIC WORKS PROJECTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City desires to amend its regulations to provide that fee amounts charged by the City to developers for Type C Permits shall be determined by the value of the construction within the right -of -way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 1995 §1 (part), as codified at Tukwila Municipal Code Subsection 11.08.060(D), is hereby amended to read as follows: D. Type C total permit fees shall consist of the following parts. 1. An Application Base Fee, which is associated with establishing the necessary files; 2. A fee associated with the plan review and approval of the construction plans fee amount determined from the value of the construction within the right -of -way; and 3. A fee associated with the issuance of the permit and the required inspection of the construction fee amount to be determined from the value of the construction within the right of -way; and 4. A pavement mitigation fee associated with the Loss of pavement life from the proposed excavation in the public right -of -way fee amount determined from the square footage of excavation being performed and the age of the pavement; and, if applicable 5. A Grading Plan Review. For Type C permits, the developer shall submit separate cost estimates for each item of improvement. The Department will check the accuracy of these estimates. Monies derived from the above charges shall be deposited to the General Fund of the City. Section 2. 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 3. 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 2009. ATTEST/ AUTHENTICATED: W: Word Processing Ordinances \First Type C Permit Fees WD 125.doc SK:ksn 10/13/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 1 of 1 COUNCIL AGENDA SYNOPSIS **ILA r I'q Initials ITEM No. 1 rtileetinq Date 1 repared by 1 Mayor's reviezv Council f 10/12/09 RL a 10/19/09 1) RL 1 1 I ITEM INFORMATION 1 CAS NUMBER: 09-146 ORIGINAL AGENDA DATE: OCTOBER 12, 2009 AGENDA ITEM TITLE GIS -Based Public Works Infrastructure Inventory Area 6 Consultant's Agreement with Perteet Engineering, Inc. CA I'EGORY Discussion Motion Resolution Ll Ordinance I 1 Bid Award I I Public Hearing I 1 Other Ivltg Date 10/12/09 Illtg Date 10/19/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Counci l L1 Mayor n Adm Svcs 1 1 DCD Finance Fire I Legal P&'R Police PW SPONSOR'S This contract is for the GIS inventory and mapping of the sixth phase of the storm SUMMARY drainage infrastructure for the City. This sixth area will encompass portions of the City in the Gateway Drive area and the east margin of I -5 to Interurban Ave S. As Perteet Engineering completed the first five areas with satisfactory results, it is recommended that they integrate the sixth area. Department of Ecology's $50,000.00 grant will offset the cost of this contract. REVIEWED BY l COW Mtg. CA &P Cmte 7 F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. 7 Parks Comm. Planning Comm. DATE: 09/29/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMIII'1'EE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $150,000.00 $150,000.00 $0.00 Fund Source: 412 SURFACE WATER FUND (PAGE 149, 2009 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/09 Forward to Next Regular Meeting 10/19/09 MTG. DATE ATTACHMENTS 10/12/09 Informational Memorandum dated 09/23/09 2009 CIP, page 149 Area Map Consultant Agreement Minutes from the Utilities Committee meeting of 09/29/09 10/19/09 No Attachments COUNCIL AGENDA SYNOPSIS ALA i v ITEM No. ANY- Initials <e Z I Meeting Date 1 rrepared by 1 Mayor's review Council 10, G 1 10/12/09 I RL I �f A 1 Imo'- a -f 2 1, 1 10/19/09 I RL I I (24�1t.0 I 1 D 1901 I I I I 1 I ITEM INFORMATION CAS NUMBER: 09-147 ORIGINAL AGENDA DALE: OCTOBER 12, 2009 AGENDA ITEM TITLE NPDES Phase II Stormwater Management Plan Acceptance of WA State Department of Ecology Grant CATEGORY Discussion Motion Resolution Ordinance n Bid Award Public Hearing Other Mtg Date 10/12/09 Mtg Date 10/19/09 Mtg Date iVltg Date Mtg Date Mtg Date jVltg Date SPONSOR Council Mayor Adm Svcs DCD n Finance Fire I I Legal Ti P&R n Police PW SPONSOR'S We received a Washington State Department of Ecology (DOE) grant for the National SUMMARY Pollution Discharge Elimination System (NPDES) Phase II Stormwater Management Plan in the amount of $50,000.00. Council approval is required before accepting any grant. Tukwila received a NPDES $75,000.00 grant in 2007. The total amount received will offset a portion of the GIS Inventory expense for Area 6. REVIEWED BY I I COW Mtg. CA &P Cmte I I F &S Cmte I I Transportation Cmte Utilities Cmte Arts Comm. PI Parks Comm. Planning Comm. DATE: 09/29/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/09 Forward to Next Regular Meeting 10/19/09 MTG. DATE ATTACHMENTS 10/12/09 Informational Memorandum dated 09/22/09 Ecology Grant No. G1000250 Minutes from the Utilities Committee meeting of 09/29/09 10/19/09 No Attachments COUNCIL AGENDA SYNOPSIS ►LA ii' ITEM No, Q� Initials �c �t Meeting Date repared by Mayor' review Council rviejv Q/ Wi= v a 10/12/09 ,4 BG I I r�,/ 1 1 10 1 9/09 `I B� I I IP 54#, 290; I I I 1 ITEM INFORMATION 1 CAS NUMBER: 09-148 ORIGINAL AGENDA DATE: OCTOBER 12, 2009 AGENDA ITEM TITLE Tukwila Int'I Blvd Phase II III and Annual Traffic Signal Program Purchase of Six Traffic Signal Control Cabinets CATEGORY Discussion Motion n Resolution Ordinance Bid Award Public Hearing U Other Mtg Date 10/12/09 Mtg Date 10/19/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 1SPONSOR Council Mayor 1 1 Adm Svcs DCD Finance Fire P Legal PAR Police PW SPONSOR'S This purchase will provide two traffic signal control cabinets for the current Tukwila SUMMARY International Blvd Phase II and II construction project. The remaining four traffic signal control cabinets will be purchased through the Annual Traffic Signal Program and allow for the expansion of the existing Intelligent Transportation System (ITS) to International Blvd and East Marginal Way. The quotes from Western Systems are from the State procurement contract #350Z REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DATE: 10/05/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $120,947.13 $145,000.00 $0.00 Fund Source: 104 ARTERIAL STREET FUND (PAGES 16, 17, AND 21, 2009 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/09 Forward to Next Regular Meeting 10/19/09 MTG. DATE ATTACHMENTS 10/12/09 Informational Memorandum dated 09/30/09 Western Systems Quotes Minutes from the Transportation Committee meeting of 10/05/09 10/19/09 No Attachments 1 COUNCIL AGENDA SYNOPSIS VI ILA Initials ITEM No. 4 4 ;3e; y Meetiii Date Prepared by 1 Mayor's 'men] Cor /recie»� p y 10/12/09 I LV I A%.4. '-1:<1.C1'.: p 10/19/09 I LV I A ariir ITEM INFORMATION CAS Number 09-143 1 ORIGIN;U, AG! ;ND,\ D,\"I'I;: OCTOBER 12, 2009 .1.c; 1:NU.\ I'rl. \I T1T1.1; Approve a Resolution commencing the Interlocal Annexation Method (RCW 35A.14.460) for the Orillia Area Annexation (residual area) in the City's South Potential Annexation Area (PAA) between Orillia Road and I -5 C I I (c RV Di.rcttJ: i(m Motion Resolution 1 Ordinance Bid f sard 1 1 Public Hearing n Other tl t; Dote 10/12/09 i\Itg Date 10/12/09 Mfg Date 10/19/09 Altg Date Altg Dote Alt; Date Altg Date SIB( )NSOR Coubcil JV[ayor /Idm Svcs n DCD 1 Finance 1 1 Fire n Leal 1 P /"R Police 1 1 PlV SPONSOR'S I D' S King County wants urban areas annexed into cities in order to save money and has asked St1 \I \I. \Rv the City to renew it's commitment to annexing the rest of the PAA, as the City did in Resolution 1561. The Boundary Review Board will hold a public hearing on October 20 on the Tukwila South Annexation. Board staff has indicated its members are interested in the City's continued commitment to initiate annexation of the remainder of the PAA. Adoption of the proposed Resolution will offer both groups this assurance. RI II :\VrI) BY I 1 COW Mtg. I I CA &P Cmte n F &S Cmte 7 Transportation Cmte Utilities Cmte n Arts Comm. 1 Parks Comm. I 1 Planning Comm. DATE: Tukwila South: COW and no committee review RECOMMENDATIONS: SP( )NS( )R /ADMIN. Mayor's Office COM\IIl"1'1 1 COST IMPACT FUND SOURCE E \I'I(NDI"1'UKI,: RI: )UIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Con MTG. DATE 1 RECORD OF COUNCIL ACTION 10/12/09 Forward to Next Regular Meeting 10/19/09 MTG. DATE ATTACHMENTS 10/12/09 Draft Resolution, with associated maps Resolution 1561 Memorandum of Agreement between Mayor and Executive 10/19/09 Resolution in Final Form A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, COMMENCING NEGOTIATIONS FOR AN INTERLOCAL AGREEMENT WITH KING COUNTY FOR ANNEXATION OF THE ORILLIA AREA TO THE CITY OF TUKWILA. WHEREAS, RCW 36.70A.110(2), the Washington State Growth Management Act of 1990, as amended, requires each city within a county to propose the location of Urban Growth Areas (UGA's), and RCW 36.70A.210 states that counties are regional governments within their boundaries, and cities are primary providers of urban governmental services within UGA's; and WHEREAS, the Washington State Growth Management Act and Countywide Planning Policies call for all urban areas to be inside cities by 2012 to enable counties to focus on delivery of regional and rural services; and WHEREAS, the City of Tukwila has commenced annexation proceedings for the La Pianta Property located within the City's Potential Annexation Area described and attached hereto as Exhibit A; and WHEREAS, the completion of the Tukwila South annexation will leave a small unincorporated area immediately to the west of the area "Orilia Area leaving Tukwila as the most logical service provider for this unincorporated island, described and attached hereto as Exhibit B; and WHEREAS, RCW 35A.14.460 allows for annexation when an unincorporated area is within the City's UGA and has at least 60% of its boundaries contiguous to a city, which describes this Orillia Area; and WHEREAS, this method of annexation calls for the negotiation of an interlocal agreement with King County addressing annexation issues to be voted upon by the governing bodies of each jurisdiction; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: City staff is directed to commence negotiations with King County for the annexation of the Orillia Area, described and attached hereto as Exhibit B. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing \Resolutions \Orillia Area Annexaeon.doc LV:ksn 10/13/2009 City of Tukwila Washington Resolution No. Attachments: Exhibit A Tukwila South Annexation Area Map Exhibit B Orillia Area Annexation Map Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 08/2009 SeaTac Airport North, PAA ManufaCturing/ Industrial \I Center L, ,__I Thii7C01:13brOtpl E -hing CC) 111 7 —Li_ 11 I I 4 I 1 I 1 _1 --c- 1 17 f,1 i i le=l --airre LA r I 1.. 1 i\ 1 7 1 71_1)--1_ 2, 1 I L i 1 1 1 I 1 -3 J 1 H Ll_ 1 1 1 ji 1 L J I I 1.1 1 1_11 F 1 1 7/ 7 i i ------17mayLi ,_i_ j j. Southcenter Fri 9.. --N i LEH 1 T 1 c 1 -1 99 --1 r i ___11 1 i —i V 1 1 J 1 p?Tae ____I i i I k __I 1 1,.._ J 1 1■ J 1- 1---? 7_1..: *i 1 1 ET13 L 1._ Ar4e Lzke 1 1 w Li L v sk Tr II III 1- 1 t3 Ti 4 V7,4 Tukwila South Annexation Area Green/Duwamish River r Legend Exhibit A 111 4 City Limits Potential Annexation Area (PAA) I r r LL H A j--1=1 J. I __I•73 C ,-1 ___I -7: 2 il- ...j: jp --.4-- ._4 4 1 I U, M Lak ngton 1u LL_I I I V ‘--1\„ I I I I TH L l 1 i il I r I IV! I 1 i q /..II... -_4- \—C 11 I 1 L V1 11 0 orcpi..7 3 _North, PAA ft Manufacturing/ Industrial \11 Center\ r dcwompla 1 f,1 f SeaTac 11/4 Airport T iL 1 I 08/2009 -L 1 r --I. -0 _se Itrvic/K„ 1 L --1-- i_ L v 1 1 \I 1 ,T i 77f 1 rIN --t:14-'m -Tr \IJ Li 17:73- L ----Out7emi i I _Li_ IL] --i i f i —I-- -J-121- .1 L i 1 i j 71 1_11 1_ ti_1_ L 1 LI -r- 1 1 I I I r' F 1 l T Li- H I t i_. .J.' 1 1 _I I 1 i J _i_ 1..____i 1 7 1 I Li I r IL 11 1 0 1-- 1 N I f r_ ngie Lake 1\ -1 r I 3 X Tukwila South Annexation it/ Legend Exhibit B r,..73 City Limits Potential Annexation Area (PAA) VOA Orillia Area Annexation Green/Duwamish River r oratedi r L r I ::::::/j. ,...1 1 I f O'...' 1 I 1 ,A,1 1 i j 1 v..... 3 e d „,L i 1 C-- n 11 1 i -s—( k .,______i_. I I 1 1 T St 1 Rerr3Stri N L_,-- ,:mi. T- es 4 ___:.T.. i i c- 1 Southcenter 1 1 i 1 1 I 1 1 i 1 1.. i 1 1 i i trir-- 1 L. 1 1 i I I z J I I _I e Kent 1 1 1 1 _.ii, 1 \-7 i I 1 1 ,1 f—U 1 f—i 1 1 1 1 :1 1 1 -.I 1 1 1 1 1, 1 I Q 0.2 0.4 0.,81n4ilel COUNCIL AGENDA SYNOPSIS �►LA� x Initials ITEM No. <C f. :�0 l4eetirro Date 1 Prepared by 1 Mayor't review Council review, 10/12/09 1 RB 1 A A ...e- 10/19/09 RB I ,4_.,d--e-- ,mil I I i-"' 2908 ITEM INFORMATION CAS NUmber 09-144 !ORIGINALAG1NDA DATE: OCTOBER 12, 2009 :\c; .N1).\ I rl f\r Trr1,l Adding funding for the contract with Commercial Development Solutions for Project Management Services for the Tukwila South Project C,\'I'I ;(;OIn Dt.rcuS:rion iVlotion Resolution 1 Ordinance U Bic! Award I Public Neanng 1 I Other flltg Date 10/12/09 Alts Date 10/19/09 Altg Date ilitg Date A1tg Date rlltg Date Altg Date SP( )NS( It 1 I Council Mayor Adm Svcs fl DCD P1 Finance I 1 Fire Legatl P1 P/R Police n P11% SPONSOR'S The Contract for Services with Commercial Development Solutions expires on December Srimmlty 31, 2009. Due to increased workload since approval of the Development Agreement with La Pianta there is the need to supplement previously allocated fund. Based on recent billing rates, it is estimated that an additional $22,000 is needed to complete actions necessary through the end of this year. RI ;1'I I \C'I.;D BY 1 COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte 1 Utilities Cmte 1 1 Arts Comm. n Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Mayors Office COMMITTEE Forward to Committee of the Whole COST IMPACT FUND SOURCE ExpI;NDI'1•URI; REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $22,000 $22,000 Fund Source: 000.03.513.100.41.01 Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/09 Forward to Next Regular Meeting MTG. DATE ATTACHMENTS 10/12/09 Informational Memorandum dated 10/08/09 Draft Contract Amendment List of Items needed to implement La Pianta Development Agreement Minutes from the Finance and Safety Committee meeting of 10/06/09 10/19/09 No Attachments COUNCIL AGENDA SYNOPSIS ��1ILA ll, q Initials ITEM No. .Y,� y [tileetir?o Date 1 Prepared by 1 [lulu }�or'r r•evie��, �,OL! /ri! /reorer;� 10/12/09 BM I .4., C/Y y 10/19/09 BM I v�Pr .t+\ L ITEM INFORMATION CAS Number 09-142 ORIGIN,U, D,\TI: OCTOBER 12, 2009 A(,I.Nn ITI ;'I TITLE A resolution supporting the City of Seattle's bid to be a host City for the 2018 or 2022 Soccer World Cup C I'I (:OI:1 Discussion Motion Resolution n Ordinance Bid -°1lvat I n Public Hearing Other ,lltg Date 10/12/09 [lltg Date rlltg Date 10/19/09 [litg Date Mt; Date Altg Date [lLtg Date SP( )NSOR Council 1 1 Mayor 1 Adtn Svc DCD Finance n Fire 1 1 Legal P &R 1 1 Police n PIV Si)( )NS( )R'S The City of Seattle has asked the Tukwila City Council to support its bid to be a host City SU`IMR1' for the either the 2018 or 2022 Soccer World Cup. Ri \'II \C'I :I) Hy n COW Mtg. CA &P Cmte n F &S Cmte I 1 Transportation Cmte 1 Utilities Cmte U Arts Comm. U Parks Comm. Planning Comm. DATE: CAP Cancelled: Committee Chair permitted item to bypass CAP RECOMMENDATIONS: SP()NS()R /AI)MIN. Mayor's Office COMIMFITIE, COST IMPACT FUND SOURCE E\PI(NDI'I'URI RI {QUIRIM AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/09 Forward to Next Regular Meeting MTG. DATE ATTACHMENTS 10/12/09 I Informational memorandum dated 9/22/09 Draft Resolution 10/19/09 Resolution in Final Form City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SUPPORTING THE CITY OF SEATTLE'S PROPOSAL TO HOST THE 2018 OR 2022 FEDERATION INTERNATIONALE DE FOOTBALL ASSOCIATION (FIFA) WORLD CUPTM. WHEREAS, the City of Seattle is one of 27 cities in the United States being considered by the USA Bid Committee, Inc. to host the 2018 or 2022 Federation Internationale de Football Association (FIFA) World CupTM; and WHEREAS, Seattle has attracted large, enthusiastic crowds for professional matches since 1976 when the Seattle Sounders broke Major League Soccer attendance records and merchandise sales in their first season; and WHEREAS, the City of Tukwila is proud to be the training home for the Seattle Sounders FC at Starfire Soccer Complex, which is one of the premier soccer training facilities in the country, and Starfire has been identified as a training site for national teams should Seattle be selected as a host city; and WHEREAS, more than 125,000 young people actively compete in soccer matches around Washington State and the FIFA World Cup will provide the region with a unique opportunity to inspire new generations of soccer enthusiasts, while promoting the region's commitment to recreation and sport; and WHEREAS, the City of Tukwila is one of the most diverse communities in the nation, with immigrants from countries and regions that strongly support soccer; and WHEREAS, the United States received an estimated $4 billion in economic benefits from hosting the 1994 FIFA World Cup and should Seattle be selected as a host city, soccer fans would bring significant additional revenue to Seattle and Tukwila hotels, restaurants and shops; and WHEREAS, Tukwila's Mayor and City Council desire to work with Seattle on events and issues that directly impact Tukwila, and the region, and share a common goal of promoting the region's economic stature, diversity, and economic vitality, which will be enhanced if Seattle is selected as a host city for the 2018 or 2022 FIFA World CupTM; and WHEREAS, the Seattle Host Committee will bring local leaders from government, international corporations, global marketing campaigns, community development associations, the hospitality industry, and professional sports franchises together to ensure Seattle maximizes the economic, cultural, and social benefits of being a FIFA World Cup host city, while promoting FIFA's goals of corporate and social responsibility and environmental awareness; and WHEREAS, FIFA will determine final host countries for 2018 and 2022 by December 2010 and, along with the USA Bid Committee, will determine final host cities five years prior to the event; W:\ Word Processing \Resolutions\ World Cup.doc ksn 10/13/2009 Page 1 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City of Tukwila proudly supports the City of Seattle's bid to be a host city for the 2018 or 2022 FIFA Word CupTM and Seattle's continuing effort to market the region and the United States as an attractive host for an international soccer tournament. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this clay of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W. \Word Processing \Resolutions\ World Cup.doc ksn 10/13/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 2 COUNCIL AGENDA SYNOPSIS c '4� ILA W Iatitia /.r ITEM NO. 1 ttilectiato Date Prepared G ma icuiem Couaaet /hzui u 10/ 12/ 09 I RF 1 et-- I �iY 10/19/09 I RF I I I I I I 1.7 90 I I 1 I r i ITEM INFORMATION CAS NUmber 09-141 1 ORIGINA],AC;I ND,\ D,\"1'I OCTOBER 12, 2009 \c;I;ND.\ III; \I Trrl,l: 2009 Annual Comprehensive Plan and Zoning Amendments C.\ I I :G( )R1" Disczi zon 1 "Motion n Resolution Ordinance n Bid Award Public f leariig 1 1 Other ,lltg Date 10/12/09 Altg Date Altg Date Altg Date 10/12/09 Altg Dote Altg Date 10/12/09 Altg Date SI'e )NS( )R 1 Council Mayor I Achy Suer DCD Finance I Fire Legal PzV R Police P1V SI'oNti( )It'S A public hearing will be held on the Planning Commission's recommendations for S1DIM \ID Comprehensive Plan amendments /Zoning changes on 10/12/09. Council is being asked to consider and approve the recommendations by ordinance. RI* II:\\'I:D M n COW Mt CA &P Cmte I F &S Cmte I Transportation Cmte 1 Utilities Cmte U Arts Comm. 1 Parks Comm. Planning Comm. DATE: 10/6/09 RECOMMENDATIONS: SI'(>Nsolt /ADn[IN. Department of Community Development C( MMITTIN Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE E tI'I,INDrl'URI RI)UIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.: MTG. DATE RECORD OF COUNCIL ACTION 10/12/09 Forward to Next Regular Meeting MTG. DATE ATTACHMENTS 10/12/09 I Informational memorandum dated 10/5/09, with Exhibits Binders (distributed separately) to include Planning Commission staff reports /minutes 4 Draft Ordinances 10/19/09 1 Final Ordinances City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 3421 SOUTH 144TH STREET, TUKWILA, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, on May 18, 2009, the City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 6, 2009, Comprehensive Plan amendments were determined to have no significant environmental impact; and WHEREAS, on July 23, 2009, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of the application to amend the Comprehensive Land Use Map designation, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on October 12, 2009, the City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be best served by approving the application to amend the Comprehensive Land Use Map designation; 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 of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. W: \Word Processing Ordinances \Comp Land Use Map Arnend.doc RF:ksn 10/13/2009 Page 1 of 7 Section 2. Re- designation Approved. The property located at 3421 South 144th Street, including Tax #0040000088 and described in the attached Exhibit 2, is hereby approved to be re- designated from Medium Density Residential (MDR) to High Density Residential (HDR). Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show this change in designation, as shown in Exhibit 3 attached. Section 4. 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 5. 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 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit 1 Findings and Conclusions, Planning Commission Staff Report (File #L08 -077), 7/23/09 Exhibit 2 Legal Description Exhibit 3 Comprehensive Land Use Map W: \Word Processing \Ordinances \Comp Land Use Map Ainend.doc RF:ksn 10/13/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 7 EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File L08 -077) July 23, 2009 Medium Density Residential to High Density Residential at 3421 S. 144th Backeround and Proiect Description The applicant Mike Overbeck seeks to re- designate the Comprehensive Plan and zoning map from Medium Density Residential (MDR) to High Density Residential (HDR),on approximately .25 acres located at 3421 S. 144'' Street (Attachments A and B). The property is currently vacant, having been the site of a long running code violation with nuisance structure that was demolished in early 2009. The applicant is seeking the Comprehensive Plan amendment and rezone because the subject property is one of six parcels that are part of a development proposal to construct town houses. The other five properties included in the project are already designated High Density Residential. HDR zoning on the subject property would allow two additional units to be built. Including the property in the project would provide the most effective site plan, including a central recreation area and a common through road, as per the Townhouse Design Manual. The Community Affairs and Parks Committee was briefed on April 27, 2009, and the issue was forwarded to the City Council. After taking comments at a public meeting on May 11, 2009, the City Council deliberated on May 18, 2009, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The rectangular property located at 3421 S. 144 Street measures about 65' feet wide by 147' feet long, and extends north to south, fronting on S. 144 The entire .25 acre site is vacant. The parcel had been the site of a long running code violation action against a former nuisance structure. The empty house had become a haven for transients, and was demolished earlier in 2009. The terrain is generally flat. (Attachment D) Vicinity: The property is located on S. 144 an arterial street, approximately two blocks west of Tukwila International Boulevard. With the exception of the two lots immediately adjacent to the subject property, the block's housing is completely developed in larger multi- family structures with High Density Residential zoning. The large apartment buildings along S. 144 were constructed under King County zoning jurisdiction prior to annexation to Tukwila. The buildings on the block between 34 Avenue S. and 37 Avenue S. include the 45 unit Colonial Gardens at 3545 S. 144 the La Rochelle Apartments at 3445 S. 144 with 40 units, and the 128 unit Samara Apartments at 3434 S. 144' The property immediately east is vacant, and is part of the proposed townhouse development. Two nearby single family homes are zoned MDR, including one located immediately west of the subject parcel, and one around the corner south on 34 Avenue South. Additional single- family homes are located north on land that is zoned Low Density Residential (LDR), approximately one block away north of S. 144th. Cascade View Community Park is located at the easternmost edge of the block at 14211 37th Avenue South. The two acre park property is zoned MDR. The park was recently expanded, and facilities include landscaped seating areas, picnic tables, barbecue area, and play equipment. Shopping is within one block along Tukwila International Boulevard. The Foster Library, Foster High School, Tukwila Pool and Showalter Middle School are three to four blocks east on S. 144th. The site is served by Metro bus along S. 144 and on Tukwila International Boulevard. Light rail is approximately ten blocks south. The existing zoning and Comprehensive Plan designation in the area is a mixture of Medium Density Residential (MDR), High Density Residential (HDR), Neighborhood Commercial Center (NCC) and Low Density Residential (LDR). HDR and MDR are in the immediate vicinity, with NCC one -half block to the west, and LDR approximately one block to the north (Attachment E). W: \Word Processing Ordinances \Comp Land Use Map Amend.doc RF:ksn 10/13/2009 Page 3 of 7 Any future multi family project would need to meet all the development requirements of the zoning code. It would require a separate application, environmental review and design review. COMPREHENSIVE PLAN REVIEW CRITERIA 1. Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The proposed Comprehensive Plan change from MDR to HDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The proposal would allow new multi- family housing development to be built with an efficient site plan. Four broad reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood duality and livability." Under both Medium Density Residential (MDR) zoning and High Density Residential (HDR) designations, multi family homes, including owner occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed HDR zoning by allowing additional townhomes to be built. This type of housing could add additional choices for owner- occupied housing to the community. Housing Goal 3.1. Continue to provide the City's fair share of regional housing. Either the current MDR zoning or the requested HDR zoning would allow multi family housing to be built on the site. With the requested HDR zoning, approximately two additional town home or standard multi family units could be constructed on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single and multi familv households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Both the current Medium Density Residential (MDR) zoning and the requested High Density Residential (HDR) zoning would allow multi- family housing to be built in the future. Multi- family housing could be built with either designation, consistent with this Comprehensive Plan policy. Although the proposed change would facilitate the property's being developed as part of a townhouse project, the HDR designation would allow additional, needed multi family housing to be built, including apartments, town houses or condominiums. Townhouses have not been built in Tukwila, and they would provide a new and needed ownership option for individuals and families in Tukwila. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use man that supports the preservation and enhancement of single family and stable multi family neighborhoods: eliminates incompatible uses: and clearly establishes applicable development reauirements through recognizable boundaries. This policy demonstrates the community's commitment to residential neighborhoods, including multi family. S. 144 is an arterial street with large multi family developments on both the north and south sides of the street. Allowing the HDR zoning to extend eastward by one parcel will not have a negative effect on neighborhood stability. The ability to construct additional owner occupied units may contribute to stability in the neighborhood. 2. Impacts Redevelopment as either the current MDR or the requested HDR would add housing to the now- vacant site, and extend multi family housing along S. 144 Amending the Comprehensive Plan W: \Word Processing \Ordinances \Comp Land Use Map Amend.doc RP:ksn 10/13/2009 Page 4 of 7 and Zoning Maps to HDR would continue the HDR along the north and south sides of S. 144` leaving one parcel of MDR on S. 144` The present MDR zoning permits a maximum of 14.5 units per acre, or approximately 3.6 units on the .25 acre site. The proposed HDR zoning will allow 22 units per acre, or approximately 5.5 units on the .25 acre site. The requested rezone to HDR could allow up to two additional housing units to be built on the site beyond what the existing MDR zoning permits. This would increase the overall housing stock in Tukwila. Compared to the impacts of the existing large buildings in the immediate vicinity, the impact of allowing two additional units in the proposed HDR zoning is very slight. The site is appropriate for high density residential development, since most of the block is already zoned HDR. It is immediately adacent to HDR -zoned property on the east, as well as HDR -zoned property north across S. 144` Its location provides amenities and services. The site is on a transit line and is within walking distance from a park, shopping, a public library, a swimming pool, high school and middle school. Tukwila Fire Station #54 is within four blocks. Any new multi family development on the site would add some traffic and noise. Denser HDR development would be more in keeping with the Growth Management Act's preference for compact development. 3. Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? As Tukwila and King County grow, there is public need and a State of Washington Growth Management Act requirement for additional housing opportunities and choices. The demand for new multi family housing could be met either by developing under the existing Medium Density Development (MDR) zoning or the proposed High Density Residential (HDR). Despite the need for a variety of housing ownership choices, no multi family housing has been built in recent years in the area. Tukwila currently has a total of 7, 574 housing units, of which 4, 209 are multi family units. 3, 476 or 83% of the multi- family dwellings are rental apartments. Only 733, or 17 are condominiums. None are townhomes. Additional home ownership options would benefit for multi family residents. The site is part of the first town house development to be proposed in Tukwila. Approving the requested Comprehensive Plan change would provide an opportunity for the townhome project to be developed with greater density and provide Tukwila residents with additional opportunities for home ownership. The HDR zoning would allow the parcel to be developed most efficiently as part of a proposed townhome project with consolidated drainage, a through access street and central recreation space. Whether or not the property redevelops as townhouses, the proposed HDR zoning is appropriate for the site, and would allow added housing to be built. 4. Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? Both MDR and HDR allow multi- family developments to be constructed. The requested change from MDR to HDR could benefit the greater community and the region by allowing additional housing units that provide more opportunities for choice in home ownership to be built. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential and to provide housing in a stable neighborhood. The Comprehensive Plan does not preclude HDR. The policies discussed above refer both to the existing MDR and the proposed HDR. W: \Word Processing \Ordinances \Comp Land Use Map Amend.doc RF:ksn 10/13/2009 Page 5 of 7 2) Impacts? The requested map change to HDR could potentially add up to two additional housing units to the site above what is presently allowed under the MDR zoning, and increase the overall housing stock in Tukwila. This would extend the existing high density residential zoning one parcel farther west along S. 144` The HDR zoning will let a vacant property that had previously been a nuisance property become part of a proposed 31 unit townhouse development with a common road and central recreation area, and thereby create expanded options for home ownership. Specific redevelopment plans will undergo environmental, design review and building permit review. 3) Meeting identified public need? Other options? Allowing the change from MDR to HDR will facilitate development of townhouses, which will provide needed options for homeownership. 4) Benefit to the community? The community will benefit through redevelopment of a vacant, former nuisance site to allow additional choices in housing and home ownership. W: \Word Processing Ordinances \Comp Land Use Map Amend.doc RF:ksn 10/13/2009 Page 6 of 7 EXHIBIT 2 THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON. EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. W: \Word Processing \Ordmances \Comp Land Use Map Amend.doc RF:ksn 10/13/2009 Page 7 of 7 N L�R MDR RC HDR S 144 St cn M S-1-4 MDR j A Proposed Medium Density Residential (MDR) to High Density Residential (HDR) Zoning Lines Proposed Medium Density Residential (MDR) to High Density Residential (HDR) HDR NCC L08 -077 Comprehensive Plan Amendment Medium Density Residential (MDR) to High Density Residential (HDR) L09 -002 Rezone Medium Density Residential (MDR) to High Density Residential (HDR) N 1" =200' Exhibit 3 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 3421 SOUTH 144TH STREET, TUKWILA, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO HIGH DENSITY RESIDENTIAL (HDR); 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, on May 18, 2009, the City Council held a public meeting regarding proposed changes to the Zoning Code and Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 6, 2009, Zoning Code and Map amendments were determined to have no significant environmental impact; and WHEREAS, on July 23, 2009, the City of Tukwila Planning Commission 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, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on October 12, 2009, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application; 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 of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved. The property located at 3421 South 144th Street, including Tax #0040000088 and described in the attached Exhibit 2 and shown on the W: \Word Processing Ordinances \Zoning Code Amend Overbeck.doc RF /ksn 10/13/2009 Page 1 of 6 map as Exhibit 3, is hereby approved to be rezoned from Medium Density Residential (MDR) to High Density Residential (HDR). Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official zoning map to show this change in zoning. Section 4. 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 5. 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 2009. A 1 PEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit 1 Findings and Conclusions, Planning Commission Staff Report (File #L09 -002), 7/23/09 Exhibit 2 Legal Description Exhibit 3 Zoning Code Map W: \Word Processing \Ordinances \Zoning Code Amend Overbeck.doc RF /ksn 10/13/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 6 Exhibit 1 Findings and Conclusions Planning Commission Staff Report (File L09 -002) July 23, 2009 Medium Density Residential to High Density Residential at 3421 S. 144th REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan Per the discussion of Comprehensive Plan Criteria (Staff Report, 7/28/09, File# L08 -077), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: Plan Objective #1 —To improve and sustain residential neighborhood quality and livability Goal 3.1 Continue to provide the City's fair share of regional housing Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi family households. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.12.010 Purpose, the existing Medium Density Residential (MDR) district is "intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses..." Multi- family duplex, triplex, fourplex units, townhouses up to four attached units, or detached zero -lot -line units are permitted with heights up to 30 feet. One detached single family dwelling unit is permitted per lot. This reflects the existing dwelling unit immediately to the west, and the structure that was recently demolished. Per TMC 18.14.010 Purpose, the proposed High Density Residential (HDR) district is "intended to provide a high- density, multiple family district which is also compatible with commercial and office areas..." The HDR permits multi family dwellings, and townhouses up to four attached units. Maximum building height is 45 feet. As the MDR zone, the HDR zone pen one detached single family dwelling per lot. This reflects the single family dwelling unit formerly located immediately to the east. The current Medium Density Residential (MDR) zoning allows a maximum of 14.5 units /acre. Town houses would require a 3,000 s.f. minimum lot size per unit. Under current zoning, a maximum of approximately 3.6 townhouse or multi family units could be built on the .25 acre rezone site. The proposed High Density Residential (HDR) allows a maximum of 22 units /acre with minimum 2, 000 s.f. lot size. In this instance, approximately 5.5 units could be built on the property. This would mean an incremental increase of two additional units could be built on the parcel if the zoning change from MDR to HDR were approved. The off street parking requirements are the same for both the existing MDR, and the requested HDR zone. Two parking spaces would be provided for each dwelling unit that contains up to three bedrooms. One additional off street parking space shall be required for every two bedrooms in excess of three bedrooms. Landscape, building separation, recreation space requirements are the same for both the MDR and HDR zones. W: \Word Processing Ordinances \Zoning Code Amend Overbeck.doc RF /ksn 10/13/2009 Page 3 of 6 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map In 1995, the land along S. 144 was designated High Density Residential (HDR) in recognition of large multi family structures that were already in place. Three single family structures were designated Medium Density Residential (MDR). Considerable planning efforts and infrastructure improvements have been focused on the area along Tukwila International Boulevard, one block to the east, to prompt revitalization. This includes infrastructure and urban roadway improvements, as well as developing Cascade View Community Park on S. 144 Street. Attention has been focused on the need to provide greater housing choice for current and future residents throughout Tukwila. In 2008, the Zoning Code was revised to allow townhouse development that would give residents an opportunity to own their own units. The immediate vicinity of the site has also undergone changes. The adjacent single family house on HDR property to the east was vacated in 2001, and was demolished thereafter, leaving a vacant lot. The single family structure on the subject property was condemned by the King County Health Department in 2000. After continued code violations, the single family structure on the subject property was demolished in 2009. One single family dwelling remains on the block. Changed conditions, especially the demolition of single family structures, support the extension of the HDR zoning. 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 neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located In a broad sense, allowing additional, denser multi family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well designed development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety and comfort through good design. Site specific development will be planned carefully to accommodate neighborhood conditions. Rezoning the property to HDR will result in somewhat denser development and somewhat greater traffic and other impacts than development under the existing MDR zoning. The added impacts would be very small since the requested HDR zoning allows only two more units to be built than the existing MDR. With the exception of the subject property, a vacant lot adjacent to the east, and a single family house adjacent to the west, the entire block is already zoned HDR and is developed with apartments along S. 144` a collector arterial. New development would enhance the neighborhood. No new multi family has been constructed in years. Site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: The proposed HDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offering a range of housing types. 2) Consistency with Zone: Similar types of development are permitted under both the current Medium Density Residential (MDR) and the requested High Density Residential (HDR) zoning. Both zones are found in the immediate vicinity. W: \Word Processing Ordinances \Zoning Code Amend Overbeck.doc RF /ksn 10/13/2009 Page 4 of 6 The requested High Density Residential (HDR) allows denser development with smaller lots and taller building heights. Two additional units could be built on the site under the requested High Density Residential (HDR) zone, than with the current Medium Density Residential (MDR). The proposed High Density Residential (HDR) zoning would allow the property to be included in a proposed townhouse project that includes shared recreational space and a central access. 3) Changed conditions: Changed conditions include increased focus on revitalization along Tukwila International Boulevard, the adoption of development standards for townhouse development in 2008, as well as the demolition of single family structures on the subject property, and on the adjacent parcel to the east zoned HDR. Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: New housing development is in the community interest. W:\ Word Processing Ordinances \Zoning Code Amend Overbeck.doc RF /ksn 10/13/2009 Page 5 of 6 EXHIBIT 2 THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON. EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. W:\ Word Processing \Ordinances \Zoning Code Amend Overbeck.doc RF /ksn 10/13/2009 Page 6 of 6 HDR S144St S146 .t U) M RC 944-St MDR Proposed Medium Density Residential (MDR) to High Density Residential (HDR) ti i HDR NCC L08 -077 Comprehensive Plan Amendment Medium Density Residential (MDR) to High Density Residential (HDR) L09 -002 Rezone Medium Density Residential (MDR) to High Density Residential (HDR) j Proposed Medium Density Residential (MDR) to High Density Residential (HDR) Zoning Lines 1"=200' Exhibit 3 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE PLAN TRANSPORTATION CORRIDORS ELEMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate, pursuant to RCW 36.70; and WHEREAS, on May 18, 2009, the City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 6, 2009, Comprehensive Plan amendments were determined to have no significant environmental impact; and WHEREAS, on July 23, 2009, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of the application to amend the Comprehensive Land Use Plan, and made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of all public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the Tukwila community desires redevelopment and has put considerable effort and resources into revitalizing the Tukwila International Boulevard corridor; and WHEREAS, in the "Tukwila International Boulevard Design Manual" and "Tukwila International Boulevard Plan— Revitalization and Urban Renewal" the City established specialized policy to guide the improvement of the corridor; and WHEREAS, additional measures are needed to spur the desired redevelopment along the Tukwila International Boulevard corridor and to implement the community's vision for the future of the area; and WHEREAS, the intent of the Urban Renewal Overlay District is to encourage the redevelopment of distressed areas in the vicinity of Tukwila International Boulevard with a compact, transit- oriented development pattern including neighborhood services and pedestrian- friendly improvements with high quality materials and design; and WHEREAS, designating an Urban Renewal Overlay District will permit supplemental development standards and criteria to be implemented to encourage more compact development; and W:\ Word Processing Ordinances \Comp Plan Amend Urban Renewal.doc RF:ksn 10/13/2009 Page 1 of 7 WHEREAS, on October 12, 2009, the City Council held a public hearing and, after due consideration of the testimony, the Council believes an amendment to the City's Comprehensive Plan is necessary; 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 of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Comprehensive Land Use Plan Amended. The Comprehensive Land Use Plan is hereby amended to add new Policy 8.2.22 to the Transportation Corridors Element to read as follows: "Establish an overlay district in the designated urban renewal area, generally between South 140th, 42nd Avenue South, South 146th Street and 37th Avenue South, that may allow increased building heights, reduced residential parking requirements, and other alternative development standards, subject to specific criteria, in order to encourage well designed, compact, transit- oriented and pedestrian friendly redevelopment to activate the community along Tukwila International Boulevard." 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 and effect 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 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Exhibit 1 Findings and Conclusions, Planning Commission Staff Report (File #L08 -077) W: \Word Processing Ordinances \Comp Plan Amend Urban Renewal.doc RF:ksn 10/13/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 7 Introduction Exhibit 1 Planning Commission Findings and Conclusions Comprehensive Plan amendment —Urban Renewal Overlay District (File #L08 -077) FINDINGS The City of Tukwila/Derek Speck proposes a new Comprehensive Plan policy, and changes to the Zoning Code and map to create and implement an Urban Renewal Overly District for commercial, commercial redevelopment area and multi family zoned properties within the Urban Renewal Area along Tukwila International Boulevard. The intent of the proposed Urban Renewal Overlay District is to encourage the redevelopment of distressed areas in the vicinity of Tukwila International Boulevard with a compact, transit oriented development pattern including neighborhood services, and pedestrian friendly improvements with high quality materials and design. Supplemental development regulations and criteria are intended to address deficiencies in existing zoning and provide desired amenities. While market and site conditions will continue to be major factors in determining the pace and extent of redevelopment in the neighborhood, this proposal is intended to help the community achieve its vision for a mixed -use center and strengthened commercial district. BACKGROUND Proiect History The Tukwila community has put considerable effort in developing options for revitalizing the Pacific Highway corridor, now renamed as Tukwila Intemational Boulevard. In the Tukwila International Boulevard Design Manual (January, 1999), and the "Tukwila International Boulevard Plan Revitalization and Urban Renewal" (January, 2000), the City established specialized policy to guide the improvement of the corridor. State law required the City to designate an Urban Renewal Area in order to purchase property and partner in private development, such as Tukwila Village. In 2000, Tukwila designated an Urban Renewal Area per Chapter 35.81, RCW. The Urban Renewal Area's boundaries addressed the most serious challenges for redevelopment, including social impediments, and difficult property characteristics such as small, irregular parcel sizes and a high number of separate small ownerships. According to the "Tukwila International Boulevard Plan— Revitalization and Urban Renewal," the "urban renewal area is sized to show the intent of the City to narrowly focus its resources and yet large enough to potentially act as a catalyst for rehabilitation and redevelopment The boundaries of the proposed Urban Renewal Overlay District have been drawn to coincide generally with the boundaries of the Urban Renewal Area, established in 2000. The proposed overlay district is approximately 7 blocks in area, and lies in the Tukwila International Boulevard Urban Renewal Area between S. 140` Street, 37 Avenue South, S. 146 and 42 Avenue S. The Low Density Residential (LDR) -zoned properties on the west side of 42 Avenue South between S. 146 and S. 144 will be excluded from the overlay since recent redevelopment and the presence of wetlands make them unsuited for higher intensity development. The LDR -zoned property north of S 144 will be designated a Commercial Redevelopment Area and, if redeveloped as part of a project in the overlay district, would be permitted to apply the uses and standards of the adjacent commercial district (TMC 18.60.060). Since the Urban Renewal Area was designated in 2000, there have been some changes and improvements in the general area, including the completion of infrastructure upgrades and urban roadway improvements from S. 154 to S. 139 and the City of Tukwila purchase of approximately six acres along Tukwila International Boulevard. The City is currently negotiating with a developer for the creation of Tukwila Village at the intersection of S. 144 and Tukwila International Boulevard. Light rail opened in July, 2009, and Metro is proposing W:\ Word Processing Ordinances \Comp Plan Amend Urban Renewal.doc RF:ksn 10/13/2009 Page 3 of 7 additional bus service to the station at S. 154 There is increased interest nationally for employees and residents to work and live in pedestrian friendly, transit oriented neighborhoods. Despite these changes, significant private development has occurred slowly. The Urban Renewal Overlay District and supplemental development regulations and criteria are intended to address this issue. The proposed Urban Renewal Overlay District will help implement the priorities of the Tukwila International Boulevard Plan, and is consistent with the desired direction of redevelopment projects in the area. The developer of the Tukwila Village project proposed concepts that require some changes to existing development regulations, and these are reflected in the proposed amendment. The changes would apply to the entire Urban Renewal Overlay District. The proposed Urban Renewal Overlay District would retain the existing zoning, and development standards for the affected area, including Medium Density Residential (MDR), High Density Residential (HDR), and Neighborhood Commercial Center (NCC). However, the Urban Renewal Overlay District would have supplemental development standards that could be applied to projects within the Overlay District upon the request of a property owner, and if the proposed development met certain qualifying criteria. The alternative development standards such as reduced parking requirement, higher height limit, greater number of dwelling units make the economics of compact, mixed -use development, such as the Tukwila Village project, more feasible. Specific qualification criteria are intended to ensure that the public's interest is served and high quality development and amenities are provided when the supplemental development standards are used. The Community Affairs and Parks Committee was briefed on April 27, 2009, and the issue was forwarded to the City Council. After taking comments at a public meeting on May 18, 2009, the City Council deliberated on May 25, 2009 and forwarded the issue to the Planning Commission for review (Attachments D, E F). Vicinity /Site Information: Site: The proposed overlay district is approximately 7 blocks in area, and lies in the Tukwila International Boulevard Urban Renewal Area between S. 140 Street, 37 Avenue South, S. 146 and 42 Avenue S. It includes the Tukwila Village property. The LDR -zoned properties on the west side of 42 Avenue South between S. 146 and S. 144 are excluded from the overlay since recent redevelopment and the presence of wetlands make them unsuited for higher intensity development. The LDR -zoned property north of S 144 shall be designated a Commercial Redevelopment Area and if redeveloped as part of a project in the overlay district (ATTACHEMENT XXX). The area is generally flat, but contains several areas with steep slopes generally adjacent to Tukwila International Boulevard. As discussed above, a (Type 3 with 50' buffers is located adjacent to the proposed Urban Renewal Overlay District, and part of the buffer lies in the Overlay District. Hydrology from the proposed Overlay District supports the wetland. Vicinity: The seven -block Urban Renewal Overlay District is a mixture of uses including drug and convenience stores, fast food and other restaurants, car rental, parking, convenience centers, motels, pawn shop, vacant property and multi family housing. Several City -owned parcels are currently vacant. The City of Tukwila has installed urban roadway improvements, including curb, gutter, sidewalk, streetlights, and drainage from S. 152 to S. 130th. Public facilities are located along S. 144` near the proposed Urban Renewal Overlay District, including Cascade View Community Park, Foster Library, Foster High School, Tukwila Pool, Fire Station #54 and Showalter Middle School. The Police Department's Neighborhood Service Center is located at 14661 Tukwila International Boulevard. W:\ Word Processing Ordinances \Comp Plan Amend Urban Renewal.doc RF:ksn 10/13/2009 Page 4 of 7 PROPOSED COMPREHENSIVE PLAN POLICY: Policy 8.2.22 Establish an overlay district in the designated urban renewal area, generally between S. 140` 42 °d Avenue South, S. 146 Street and 37` Avenue South, that may allow increased building heights, reduced residential parking requirements, and other alternative development standards, subject to specific criteria, in order to encourage well- designed, compact, transit oriented and pedestrian friendly redevelopment to activate the community along Tukwila International Boulevard." COMPREHENSIVE PLAN REVIEW CRITERIA: Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? Four broad- reaching objectives are the basis for the elements, goals and policies of Tukwila's Comprehensive Plan. The Plan's second priority objective recognizes the importance of the Tukwila International Boulevard to the community as follows: Obiective 2. "To redevelop and reinvigorate the Pacific Highway Corridor" Pacific Hiehwav Corridor Goal 8.2 provides a further sense of the significance of Tukwila International Boulevard redevelopment as follows: "A Pacific Highway corridor that is an attractive, safe and profitable place to live, do business, shop and work, and is a positive reflection of the City as a whole and of the surrounding residential and business community." Pacific Hiehwav Corridor Policies 8.2.1 through 8.2.21 provide additional detail on the desire for improvements, including transit facilities, pedestrian safety and amenities, diverse uses, flexible pedestrian- oriented design standards, and the development of a strategic and financial plan to facilitate private and public investment. A policy that establishes an Urban Renewal Area overlay is needed to strengthen and supplement Comprehensive Plan Policies 8.2.1 through 8.2.21 relating to Tukwila International Boulevard, as well as the adopted Tukwila International Boulevard Design Manual (January, 1999) and "Tukwila International Boulevard Plan— Revitalization, Urban Renewal (January, 2000) that guide the improvement of the corridor. The Urban Renewal Overlay District with development standards and criteria is a logical extension of designating the Urban Renewal Area in 2000, and of implementing redevelopment plans for the area. It will provide the maximum opportunity for private enterprise that is consistent with the City of Tukwila's stated goals and public priorities for Tukwila Intemational Boulevard. Imnacts New development along Tukwila International Boulevard is likely to be the primary result of the proposed change. There has been little new private development in this district for several decades. The alternate development standards proposed for the Urban Renewal Overlay District, including building heights up to 65' and reduced parking requirements, will make more compact, urban -style density residential and commercial development more economically feasible, Vacant lots and underutilized parcels such as auto sales lots would be likely to redevelop to mixed -use buildings with residential units above ground -floor commercial. Some older apartments may be replaced with new mixed use structures that include residential units above W: \Word Processing Ordinances \Comp Plan Amend Urban Renewal.doc RF:ksn 10/13/2009 Page 5 of 7 commercial uses. City -owned property would redevelop to mixed use. Once built, new housing and commercial opportunities will draw new residents and shoppers to the area. New development would include taller buildings in the proposed Urban Renewal Overlay District (the current maximum height of 45 feet would increase to 65 feet.) with NCC setback standards applied to other development. This would be mitigated with the required stepping back of buildings adjacent to residential units. In order to bring activity and interest toward the street, new development along Tukwila International Boulevard can be sited adjacent to the sidewalk, per the existing Tukwila International Boulevard Design Manual. Criteria will also include mechanisms to limit the impacts of reduced residential parking requirements on the new residents and the neighborhood, such as requiring enclosed parking structures for 75% of residential parking, and making a parking space available for use of a shared vehicle. The area included in the Urban Renewal Overlay District is served by transit, and has shopping and services within walking distance. These attributes support the proposed reduced parking requirements. With less parking provided and the opportunity for shared vehicle use (ZipCar), there could be fewer automobiles and a greater focus on transit use. Requirements for pedestrian- friendly features should result in better building design, increased pedestrian activity and ultimately a more vibrant and lively community. 3. Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The Comprehensive Plan and Tukwila International Boulevard Revitalization and Urban Renewal Plan (2000) identify a public need for an "attractive, safe and profitable place to live, do business, shop and work" along Tukwila International Boulevard. The Urban Renewal Area between South 140` Street and South 146 has been a special focus. Designating the Urban Renewal Overlay District and preparing supplemental development standards furthers the community's ongoing efforts to encourage redevelopment along the Tukwila International Boulevard corridor. It is intended to address specific perceived deficiencies, such as building height and parking requirements, in existing development codes, and spur redevelopment that meets the identified public need for improved housing and commercial opportunities. An Urban Renewal Overlay District is a specific mechanism to promote desired mixed -use, transit oriented development in the targeted area, corresponding to 2000's Urban Renewal Area. The Urban Renewal Overlay District would be superimposed over the existing zoning map. The underlying zoning would be retained, but supplemental development standards and criteria would also apply, if desired and if specific conditions were met. The Urban Renewal Overlay District would provide the community and potential developers with a means to make higher quality, compact growth more feasible within the defined 7- block Urban Renewal Area through added housing density, reduced residential parking requirements, taller structures, additional pedestrian and transit amenities, and structured parking, Alternate methods to achieve the identified public need for compact, transit- and pedestrian- friendly mixed use development would be to: change the development standards for the underlying MDR, HDR and NCC zones; prepare individual development agreements for individual new development projects along Tukwila International Boulevard; designate a Transit Oriented Development overlay along the length of Tukwila Boulevard to the Sound Transit Station at S. 154th.; leave the Comprehensive Plan unchanged and wait for the existing policies and plans to prompt the desired redevelopment. 4. Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? We expect that the Urban Renewal Overlay District and alternate development standards will benefit the community by making desired new, high quality mixed use residential and commercial development such as Tukwila Village more likely to happen by making them more financially feasible. Alternate development standards and criteria to allow taller structures and W: \Word Processing Ordinances \Comp Plan Amend Urban Renewal.doc RF:ksn 10/13/2009 Page 6 of 7 reduced parking requirements will make both urban density and amenities more likely. The requirements for active uses, structured parking, pedestrian features and amenities will result in development that contributes to a more attractive, and interesting community. New commercial and dwelling units will improve the existing cominunity and draw people into the neighborhood to walk, shop, eat, and play. The potential negative impacts that could occur when new higher buildings are developed adjacent to existing residential uses are lessened by the requirement to develop along Tukwila International Boulevard, and by requiring maximum setbacks from property lines, and /or tiering of new structures. The possible negative impacts of reduced parking requirements are addressed by requiring significant structured parking, as well as pedestrian amenities. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1. Is the issue addressed in the Comprehensive Plan? Is it needed? "To develop and reinvigorate the Pacific Highway Corridor" is the Comprehensive Plan's #2 overall objective. Over the years, considerable planning and capital improvement efforts have been focused on improving the Tukwila International Boulevard neighborhood. A new policy establishing an Urban Renewal Overlay District is needed in order to further efforts to enhance the Tukwila International Boulevard corridor, and to set alternate development standards and criteria to encourage high quality new construction. 2. Impacts? New, taller and denser development is likely to be the primary impact of the proposed change. Existing vacant lots and underutilized parcels would be likely to redevelop to mixed -use buildings with residential units above ground -floor commercial. With less residential parking provided, there would probably be fewer automobiles and a greater focus on transit use and walking. 3. Meeting identified public need? Other options? The Urban Renewal Overlay District is an effective means to target the area with supplemental development regulations and criteria intended to meet the public's need for new, desired mixed use commercial and residential projects. Other options to meet the public's need include: a) changing the area's underlying zoning requirements; b)preparing a separate development agreement for each new project; c) extending proposed boundaries to include the Link Light Rail station on S. 154 d) no action. 4. Benefit to the community? The Urban Renewal Overlay District, development standards and criteria will benefit the community by making desired mixed use residential and conunercial development such as Tukwila Village, and other redevelopment more likely to happen in the targeted area by increasing its financial feasibility. New high- quality, compact and transit oriented development will enhance the neighborhood's overall livability. W: \Word Processing \Ordinances \Comp Plan Amend Urban Renewal.doc RF:ksn 10/13/2009 Page 7 of 7 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES, AS CODIFIED AT VARIOUS CHAPTERS OF TUKWILA MUNICIPAL CODE TITLE 18 "ZONING CODE," RELATED TO THE NEW URBAN RENEWAL OVERLAY DISTRICT; ADOPTING A NEW SECTION AND FIGURE 18 -15, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 18.43, "URBAN RENEWAL OVERLAY DISTRICT AMENDING THE OFFICIAL ZONING MAP TO ADD THE "URBAN RENEWAL OVERLAY DISTRICT 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 may review and update these as appropriate; and WHEREAS, on May 18, 2009, the City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 6, 2009, Comprehensive Plan amendments were determined to have no significant environmental impact; and WHEREAS, on July 23, 2009 and August 27, 2009, the City of Tukwila Planning Commission held public hearings and, after receiving and studying staff analysis and comments from the public, has recommended adoption of a Comprehensive Plan amendment, and made and entered Findings of Fact and Conclusions thereon in support of that recommendation; and WHEREAS, on October 12, 2009, the City Council held a Public Hearing on the proposed amendments; and WHEREAS, not of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the Tukwila community desires redevelopment along the Tukwila International Boulevard Corridor, and has put considerable effort and resources into revitalizing this area; and WHEREAS, additional measures are needed to spur the desired redevelopment along the Tukwila International Boulevard corridor, and to implement the community's vision for the future of the area; and WHEREAS, the intent of the Urban Renewal Overlay District is to encourage the redevelopment of distressed areas in the vicinity of Tukwila International Boulevard with a compact, transit- oriented development pattern including neighborhood services, and pedestrian- friendly improvements with high quality materials and design; and WHEREAS, supplemental development standards and criteria in the Urban Renewal Overlay District will stimulate desired compact commercial and residential redevelopment in the designated Urban Renewal Area, lying generally between South 140th Street, 42nd Avenue South, South 146th Street and 37th Avenue South; and 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 the Findings and Conclusions of the Tukwila Planning Commission regarding this zoning change attached hereto as Exhibit A, and incorporated by this reference as if fully set forth herein. W: \Word Processing Ordinances \Title 18 Urban Renewal Overlay.doc RF:ksn 10/13/2009 Page 1 of 9 Section 2. Zoning Map Amended. The Tukwila Zoning Map is hereby amended as depicted on the Zoning Map attached hereto as Exhibit B and by this reference fully incorporated hereto. Section 3. Ordinance Amended. Ordinance No. 1758 91 (part), as codified as TMC Section 18.08.010, is amended to read as follows: 18.08.010 Use Districts In order to classify, segregate and regulate the uses of land, buildings and structures, the City is divided into the following use districts: LDR Low Density Residential MDR Medium Density Residential HDR High Density Residential MUO Mixed Use Office 0 Office RCC Residential Commercial Center NCC Neighborhood Commercial Center RC Regional Commercial RCM Regional Commercial Mixed -use TUC Tukwila Urban Center C/ LI Commercial /Light Industrial LI Light Industrial HI Heavy Industrial MIC /L Manufacturing Industrial Center /Light MIC /H Manufacturing Industrial Center/ Heavy TSO Tukwila South Overlay TVS Tukwila Valley South PRO Public Recreation Overlay SOD Shoreline Overlay SAOD Sensitive Areas Overlay UROD Urban Renewal Overlay Section 4. Ordinances Amended. Ordinances Nos. 1865 §4 and 1758 §1 (part), as codified at TMC Section 18.10.010, are hereby amended to read as follows: 18.10.010 Purpose A. This district implements the Low- Density Residential Comprehensive Plan designation, which allows a maximum of 6.7 dwelling units per net acre. It is intended 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. Certain LDR properties are identified as Commercial Redevelopment Areas (see Figures 18 -9 or 18 -10) to encourage aggregation with commercial properties that front on Tukwila International Boulevard. Aggregation and commercial redevelopment of these sites would implement the Pacific Highway Revitalization Plan and provide opportunities to rede- fine and create more uniform borders between the commercial corridor and the adjacent residential neighborhoods. B. Certain LDR properties are located in the Urban Renewal Overlay (see Figure 18 -15). Existing zoning and development standards will remain in place, although multi- family buildings would be permitted. The overlay provides additional alternate development standards that may be applied to development within the Urban Renewal Overlay upon request of the property owner, and if the development meets certain qualifying criteria. Urban Renewal Overlay district standards would implement the Tukwila International Boulevard Revitalization Plan through more intensive development. Section 5. Ordinance Amended. Ordinance No. 1865 97, as codified at TMC Section 18.10.055, is hereby amended to read as follows: 18.10.055 Design Review Design review is required for all conditional and unclassified uses. Design review is also required for developments in a Commercial Redevelopment Area that propose the uses and standards of and adjacent commercial zone as well as development in the Urban Overlay District. Section 6. Ordinances Amended. Ordinance Nos. 1865 98 and 1758 91 (part), as codified at TMC Section 18.12.010, are hereby amended as follows: W: \Word Processing Ordinances \Tide 18 Urban Renewal Overlay.doc RF:ksn 10/13/2009 Page 2 of 9 18.12.010 Purpose A. This district implements the Medium Density Residential Comprehensive Plan designation, which allows up to 14.5 dwelling units per net acre. It is intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group residential housing and related uses. Through the following standards this district provides medium density housing designed to provide: 1. Individual entries and transition from public and communal areas to private areas; 2. Building projections, level changes and so forth to effectively define areas for a variety of outdoor functions as well as privacy; and 3. Landscaping and open space to serve as extension of living areas. B. Certain MDR properties are identified as Commercial Redevelopment Areas (see Figures 18 -10 or 18 -9) to encourage aggregation with commercial properties that front on Tukwila International Boulevard. Aggregation and commercial redevelopment of these sites would implement the Pacific Highway Revitalization Plan and provide opportunities to redefine and create more uniform borders between the commercial corridor and adjacent residential neighborhoods. C. Certain MDR properties are located in the Urban Renewal Overlay (see Figure 18 -15). Existing zoning and development standards will remain in place, although multi- family buildings would be permitted. The overlay provides additional alternate development standards that may be applied to development within the Urban Renewal Overlay upon request of the property owner and if the development meets certain qualifying criteria. Urban Renewal Overlay district standards would implement the Tukwila International Boulevard Revitalization Plan through more intensive development. Section 7. Ordinances Amended. Ordinance Nos. 1865 §12, 1830 §1 and 1758 §1 (part), as codified at TMC Section 18.14.010, are hereby amended to read as follows: 18.14.010 Purpose A. This district implements the High- Density Residential Comprehensive Plan designation, which allows up to 22.0 dwelling units per net acre. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional restrictions. It is intended to provide a high density, multiple family district which is also compatible with commercial and office areas. Certain HDR properties are identified as Commercial Redevelopment Areas (see Figures 18 or 18 10) to encourage aggregation and redevelopment of properties that front on Tukwila International Boulevard. Aggregation and commercial redevelopment of these sites would implement the Pacific Highway Revitalization Plan and provide opportunities to redefine and create more uniform borders between the commercial corridor and adjacent residential neighborhoods. B. Certain HDR properties are located in the Urban Renewal Overlay (see Figure 18 -15). Existing zoning and development standards will remain in place. The overlay provides additional alternate development standards that may be applied to development within the Urban Renewal Overlay upon request of the property owner, and if the development meets certain qualifying criteria. Urban Renewal Overlay district standards would implement the Tukwila International Boulevard Revitalization Plan through more intensive development. Section 8. Ordinances Amended. Ordinance Nos. 1865 §22, 1830 §10, 1758 §1 (part), as codified at TMC Section 18.22.010, are hereby amended to read as follows: 18.22.010 Purpose A. This district implements the Neighborhood Commercial Center Comprehensive Plan designation. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional restrictions. It is intended to provide for pedestrian- friendly areas characterized and scaled to serve multiple residential areas, with a diverse mix of uses. Uses include residential uses at second story or above when mixed with certain retail, service, office, recreational and community facilities, generally along a transportation corridor. B. Certain NCC properties are located in the Urban Renewal Overlay (see Figure 18 -15). Existing zoning and development standards will remain in place. The overlay provides additional alternate development standards that may be applied to development within the Urban Renewal Overlay upon request of the property owner, and if the development meets W:\ Word Processing Ordinances \Title 18 Urban Renewal Overlay.doc RF:ksn 10/13/2009 Page 3 of 9 certain qualifying criteria. Urban Renewal Overlay district standards would implement the Tukwila International Boulevard Revitalization Plan through more intensive development. Section 9. Chapter Added. A new chapter is added to TMC Title 18 to read as follows: 18.43 Urban Renewal Overlay District 18.43.010 Purpose This chapter implements the Urban Renewal Overlay District, which applies the adopted Tukwila International Boulevard Revitalization and Urban Renewal Plan. The intent is to promote community redevelopment and revitalization, and to encourage investment that supports well designed, compact, transit- oriented and pedestrian- friendly residential and business developments to activate the community along Tukwila International Boulevard. Urban Renewal Overlay District Boundaries are shown in Figure 18 -15. This overlay may be applied in combination with the Commercial Redevelopment Areas procedures as described in TMC Section 18.60.060. 18.43.020 Principally Permitted Uses The Urban Renewal Overlay District is an overlay zone which allows the uses permitted in the underlying zoning district, while being consistent with all additional requirements of this chapter. In addition larger scale multi- family buildings are permitted in the LDR and MDR districts within the Urban Renewal Overlay District. 18.43.030 Accessory Uses The Urban Renewal Overlay District is an overlay zone which allows the accessory uses permitted in the underlying zone district, while being consistent with all additional requirements of this chapter. 18.43.040 Height, Yard and Area Regulations All setbacks shall be as provided in the underlying zoning district, except as may otherwise be specified in this chapter. 18.43.050 Parking Regulations Parking shall be required as specified in Chapter 18.56, except as may otherwise be specified by this chapter. 18.43.060 Application of Regulations Property located within the Urban Renewal Overlay District is identified on the official Zoning Map, as well as in TMC 18, Figure 18.15, and is subject both to its zone classification regulations and to additional requirements imposed for the overlay district. The overlay district provisions shall apply in any case where the provisions of the overlay district conflict with the provisions of the underlying zone. 18.43.070 Specific Urban Renewal Overlay Development Standards and Criteria A. The Urban Renewal Overlay District's supplemental development standards are as follows, provided certain criteria are met: 1. Building heights shall be permitted up to 65 feet; 2. Existing Neighborhood Commercial Center (NCC) setback standards shall be followed per TMC 18.22.080 as amended. (See Development Standards table below.); 3. Multi- family parking standards shall be one parking space per each dwelling unit that contains up to one bedroom plus 0.5 spaces for every bedroom in excess of one bedroom in a dwelling unit. 4. The maximum number of dwelling units shall be determined by the building envelope, rather than a numeric density. The developer shall determine the unit mix with the limitation that studio units contain an average size of at least 500 square feet of interior floor space with no units smaller than 450 square feet and allow no more than 40% of the dwelling units to be studios. 5. Allow live /work space on the ground floor to meet the NCC requirement for ground floor retail or office space if the live /work space is built to commercial building code standards with a typical retail store front appearance. 6. Allow ground floor residential uses in the NCC zone in buildings or portions of buildings that do not front on an arterial. W: \Word Processing Ordinances \Title 18 Urban Renewal Overlay.doc RF:ksn 10/13/2009 Page 4 of 9 B. The Urban Renewal Overlay District's development standards apply if the owner/ developer requests, and if all the following criteria are met: 1. At least 100 feet of the development parcel's perimeter fronts on Tukwila International Boulevard. 2. At least 75% of required residential parking is provided in an enclosed structure (garage or podium). The structure must be screened from view from public rights of way. 3. The ground floor along Tukwila International Boulevard must contain active uses (except for the width of the garage access) when site conditions allow. Active uses comprise uses such as retail, restaurant, office, live -work or other uses of a similar nature that encourage pedestrian activity, and feature a combination of design and amenities to create a sense in interest with features such as doors, windows, clear glass display windows, wide sidewalks, etc. 4. Development must provide amenities such as some of the following to enable a high quality pedestrian experience, including retail windows, pedestrian scale design along sidewalks, wide sidewalks, pedestrian access through site, benches, art, landscaping and lighting, quality of materials, street furniture. 5. The property owner /manager shall prepare a Transportation Management Plan to encourage alternatives to automobile use, and that provides each residential and commercial tenant with materials that may range from offering information about transit and bicycle options to providing transit tickets and passes. 6. Residential development shall provide opportunities for tenants to use a car sharing program and make one space available at no charge to a car sharing program (if available) for every 50 to 200 residential units on site. An additional space shall be provided for developments with over 200 units. All car share spaces are in addition to required residential parking. If car sharing programs are not available when the building is constructed, an equivalent number of guest parking spaces shall be provided. These shall be converted to dedicated car sharing spaces when the program becomes available. 7. One secure, covered, ground -level bicycle parking space shall be provided for every four residential units in a mixed -use or multi- family development. 18.43.080 Basic Development Standards A. If requested by the developer and if the specific requirements and criteria of TMC Section 18.43.070(A) and 18.43.070(B) are met, development within the Urban Renewal Overlay District shall conform to the following listed and referenced standards. B. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC Section 18.60.030). Certain setback and landscaping standards may be waived by the director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. See the Tukwila International Boulevard Design Manual for more detailed directions. Urban Renewal Overlay Basic Development Standards Unit density The maximum number of dwelling units to be determined by the building envelope as in the NCC zone, rather than a numeric density. Unit size and maximum The developer shall determine the unit mix with the percentage for studio limitation that the studio units contain an average dwellings size of at least 500 square feet of interior floor space with no units smaller than 450 square feet and allow no more than 40% of the dwelling units to be studios. 1 Setbacks to yards, minimum (unless noted) Front 6 feet (12 feet if located along Tukwila International Boulevard South) W: \Word Processing Ordinances \Title 18 Urban Renewal Overlay.doc RF 10/13/2009 Page 5 of 9 Front if any portion of the yard is adjacent to, or across the street frrom, LDR zoning that is developed with a single-family dwelling and that is outside of the Urban Renewal Overlay District Second front, if any portion of the yard is within 50 feet of MDR, HDR Second front Front Second front, if any portion of the yard is adjacent to, or across the street from, LDR zoning that is developed with a single family dwelling and that is outside of the Urban Renewal Overlay District Second front, if any portion of the yard is within 50 feet of MDR, HDR Sides Sides, if any portion of the yard is adjacent to, or across the street from, LDR zoning that is developed with a single-family dwelling and that is outside of the Urban Renewal Overlay District Sides, if any portion of the yard is within 50 feet of MDR, HDR Rear, if any portion of the yard is adjacent to, or across the street from, LDR zoning that is developed with a single-family dwelling and that is outside of the Urban Renewal Overlay District Front if any portion of the yard is adjacent to, or across the street from, LDR zoning that is developed with a single-family dwelling and that is outside of the Urban Renewal Overlay District Front(s), if any portion of the yard is within 50 feet of MDR, HDR 1 Sides 1st floor -10 ft. min /max 2nd floor -10 ft. to 30 ft. 3rd floor and higher -30 ft. Note: Buildings over two floors must have at least one tier. To achieve tiers, setbacks will be both minimum and maximum 1st floor -10 feet 2nd floor and above -20 feet 5 feet 1st floor -10 ft. min /max 2nd floor -10 ft. to 30 ft. 3rd floor and higher -30 ft. Note: Buildings over two floors must have at least one tier. To achieve tiers, setbacks will be both minimum and maximum 1st floor -10 feet 2.d floor and above -20 feet 1 10 feet 1st floor -10 ft. min /max 2nd floor -10 ft. to 30 ft. 3rd floor and higher -30 ft. Note: Buildings over two floors must have at least one tier. To achieve tiers, setbacks will be both minimum and maximum 1st floor -10 feet 2 ^d floor -20 feet 3rd floor and higher -20 feet 1st floor -10 feet min /max 2nd floor -10 to 30 feet 3rd floor and higher -30 feet Note: Buildings over two floors must have at least one tier. To achieve tiers, setbacks will be both minimum and maximum 1st floor -10 feet 2nd floor and above -20 feet Rear, if any portion of the yard is within 50 feet of, MDR, HDR Height, maximum 65 feet (if all criteria are met) Landscape requirements (minimum): See Landscape requirements of specific underlying zone. Also see Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements Front(s) All building setback areas must be landscaped or developed with pedestrian improvements per the width of the setback, rather than the landscape standards of the underlying zone. All building setback areas must be landscaped or developed with pedestrian improvements per the width of the setback, rather than the landscape standards of the underlying zone. W: \Word Processing \Ordmances \Title 18 Urban Renewal Overlay.doc RF:ksn 10/13/2009 All building setback areas shall be landscaped or developed with pedestrian improvements per the width of the setback, rather than the landscape standards of the underlying zone. None Page 6 of 9 Sides, if any portion of the 10 feet yard is within 50 feet of LDR, MDR, HDR Rear 1 None Rear, if any portion of the 10 feet yard is within 50 feet of MDR, HDR Recreation space 1 See underlying zoning Recreation space, senior See underlying zoning citizen housing Off street parking: Residential (except senior One automobile parking space per each dwelling citizen housing) unit that contains up to one bedroom plus 0.5 spaces for every bedroom in excess of one bedroom in a multi- family dwelling unit. At least 75% of required residential parking is provided in an enclosed structure (garage or podium). The structure must be screened from view from public rights of way. One automobile space at no charge to a car sharing program (if available) for every 50 to 200 residential units on site. An additional space shall be provided for developments with over 200 units. All car share spaces are in addition to required residential parking. If car sharing programs are not available when the building is constructed, an equivalent number of guest parking spaces shall be provided. These shall be converted to dedicated car sharing spaces when the program becomes available. One secure, covered, ground -level bicycle parking space shall be provided for every four residential units in a mixed -use or multi- family development. Other uses, including See TMC Chapter 18.56, senior citizen housing Off- street Parking Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airbome pollutants, (2) TMC Chapter 8.22 "Noise" and (3) adopted State and Federal standards for water quality and hazardous materials. In addition all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 11. Ordinances Amended. Ordinance Nos. 2118 §1, 2005 §17, 1865 §50 and 1758 91 (part), as codified at TMC Section 18.60.030, are hereby amended to read as followed: 18.60.030 Scope of Authority A. The rules and regulations of the Board of Architectural Review shall be the same as those stated for the Planning Commission in the bylaws of the Tukwila Planning Commission. B. The DCD Director will review projects meeting the thresholds for administrative design review. The BAR will review all other projects requiring design review approval. The Board and the DCD Director shall have the authority to approve, approve with conditions, or deny all plans submitted based on a demonstration of compliance with all of the guidelines of this chapter, as judged by the preponderance of evidence standard. C. Design review is required for the following described land use actions: 1. All developments will be subject to design review with the following exceptions: a. Developments exempted in the various districts, b. Developments in LI, HI, MIC /L, MIC /H and TVS Districts, except when within 300 feet of residential districts or within 200 feet of the Green /Duwamish River or that require a shoreline permit; W: \Word Processing \Ordinances \Title 18 Urban Renewal Overlay.doc RF:ksn 10/13/2009 Page 7 of 9 2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10% and 25 the changes will be reviewed administratively); a. for sites whose gross building square footage exceeds 10,000 square feet in MUO, 0, RCC, NCC, RC, RCM, TUC and C/ LI zoning districts; and b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International Boulevard corridor (see TMC Figure 18 -9). 3. Development applications using the procedures of 18.60.60, Commercial Redevelopment Area. 4. Development applications using the procedures of 18.43, Urban Renewal Overlay District. D. For development in the NCC, RC, and MUO zones within the Tukwila International Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards may be waived and conditioned, upon approval of plans by the BAR, in accordance with criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. E. No changes shall be made to approved designs without further BAR or Director approval and consideration of the change in the context of the entire project; except that the Director is authorized to approve minor, insignificant modifications which have no impact on the project design. Section 12. Ordinance Amended. Ordinance No. 1865 §53, as codified at TMC Section 18.60.060, is hereby amended to read as follows: 18.60.060 Commercial Redevelopment Areas Approval Procedures and Criteria The intent of this section is to create a more uniform commercial district along the Tukwila International Boulevard corridor that serves the space needs of mixed use or commercial development that fronts on Tukwila International Boulevard, to allow and create developments that are designed and built to better buffer the negative impacts of the commercial district on the adjacent residential neighborhoods, to better integrate, where appropriate, the mixed use or commercial developments with the adjacent residential neighborhoods. Development within the five identified commercial redevelopment areas that is not in accordance with the underlying zone's uses and standards may be approved by the BAR if the development complies with the following criteria. 1. Uses allowed. The permitted and accessory uses shall be those of the adjacent commercial district to which the residentially zoned properties are being aggregated. 2. Standards. The basic development standards shall be those of the adjacent commercial district to which the site is being aggregated and the standards for the uses that are being proposed. 3. Approval procedure. a. In a Commercial Redevelopment Area, the BAR must review and approve any development per the Tukwila International Boulevard Design Manual and the intent and criteria of this section. b. The development must include at least one parcel that fronts on Tukwila International Boulevard and any number of additional adjacent parcels within the commercial redevelopment areas. (Exception: Commercial use of property in Site 2, in the block bounded by 42 Avenue South, South 144th Street Tukwila International Boulevard and South 142nd Street, must aggregate with the property on the north side South 142nd Street.) c. The following criteria from the Tukwila International Boulevard "Design Manual are augmented to include the following intent: (1) to create streetscapes that are similar in setback, landscape and building heights where development occurs across from single family residential: (2) to create architecture that is compatible with desired residential character and scale where development occurs adjacent to residential, the following elements must be addressed: W: \Word Processing Ordinances \Title 18 Urban Renewal Overlay.doc RF:ksn 10/13/2009 Page 8 of 9 (a) Site Design with special attention to continuity of sites with adjacent sites and siting and screening of service yards; and (b) Building Design with special attention to architectural relationships; and (c) Landscape Design Section 13. Figure Amended. TMC Title 18, Figure 18 -7 "Required Number of Parking Spaces for Automobiles and Bicycles," is hereby amended as per Exhibit C, attached hereto and by this reference incorporated herein. Section 14. Figure Amended. TMC Title 18, Figure 18 -9 "Commercial Redevelopment Areas," is hereby amended as per Exhibit D, attached hereto and by this reference incorporated herein. Section 15. Figure Created. TMC Title 18, Figure 18 -15 "Urban Renewal Overlay District," is hereby amended as per Exhibit E, attached hereto and by this reference incorporated herein. Section 16. 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 17. 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 and effect 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 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Findings and Conclusions Zoning Map Figure 18 -7 Figure 18 -9 Figure 18 -15 W:\ Word Processing Ordinances \Title 18 Urban Renewal Overlay.doc RF:ksn 10/13/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 9 of 9 Exhibit A FILE #L07 -096 ZONING MAP AMENDMENT/REZONE FINDINGS AND CONCLUSIONS Development Standards The applicant has proposed the following supplemental development standards for the Urban Renewal Overlay District: (1) Allow building heights up to 65 feet in the Urban Renewal Overlay District. The existing Neighborhood Commercial Center (NCC) setback standards shall be followed per TMC 18.22.080 (2) Allow multi family parking standards to be one parking space per each dwelling unit that contains up to one bedroom plus 0.5 spaces for every bedroom in excess of one bedroom in a dwelling unit. (3) Allow the maximum number of dwelling units to be determined by the building envelope as in the NCC zone, rather than a numeric density. Allow the developer to determine the unit mix with the limitation that units contain at least 500 square feet of interior floor space and allow no more than 50% of the dwelling units to be studios. (4) Allow live /work space on the ground floor to meet the NCC requirement for ground floor retail or office space if the live /work space is built to commercial building code standards with a typical retail store front appearance. (5) Allow ground floor residential uses in the NCC zone in buildings or portions of buildings that do not front on an arterial. Oualification Criteria The Urban Renewal Overlay District's proposed development standards would apply if the owner /developer requests, and if all the following criteria are met: (1) At least 100 feet of the development parcel's perimeter fronts on Tukwila International Boulevard (2) At least 75% of required parking is provided in an enclosed structure (garage or podium). The structure must be screened from view from public rights of way. (3) The ground floor along Tukwila International Boulevard must contain active uses except for the width of the garage access. (4) Residential and commercial tenant leases must prohibit parking on neighborhood streets. W: \Word Processing \Ordinances \Title 18 Urban Renewal Overlay Exhibit A.doc 1 (5) Residential development must encourage tenants to use a car sharing program and make one space available at no charge to a car sharing program (if available) for every 50 spaces on site. (6) Development must provide amenities to enable a high quality pedestrian experience (retail windows, pedestrian scale design along sidewalks, wide sidewalks, pedestrian access through site, benches, art, landscaping and lighting, quality of materials, etc.) DISCUSSION: The supplemental development regulations and criteria that accompany the Urban Renewal Overlay District are intended to encourage a lively, compact, pedestrian friendly core, and ensure that the impacts of the desired development do not negatively impact the neighborhood. The important aspects of the existing Neighborhood Commercial Center zoning such as setbacks were retained, while additional criteria designed to both limit negative impacts to the neighborhood and enhance positive elements were added. Specific comments on the proposed supplemental development standards and criteria follow: 1) "Allow building heights up to 65 feet in the Urban Renewal Overlay District. The existing Neighborhood Commercial Center (NCC) setback standards shall be followed per TMC 18.22.080." Current NCC and HDR zoning penuit a maximum height of 45'. Each developer who competed for the Tukwila Village project expressed the importance of having the ability to build to a maximum of 65'. This would allow construction up to four or five stories of residential over one story of commercial use. Allowing additional building height subject to specific criteria will help defray the costs of the desired structured parking and make the new development workable financially. As with the current standards outlined in the TMC Chapter 18 and detailed in the "Tukwila International Boulevard Design Manual," buildings could be built up to the edge of the property on Tukwila International Boulevard provided at least 12' sidewalk and appropriate landscaping and amenities were provided. Depending on the width and position of the right of way, the sidewalk might be wider than 12'. Rear and side setbacks would be to the existing NCC standards. In the case of the rear setback, a 20' maximum setback adjacent to adjacent residential zones could be added to the existing requirement for a 30' setback on the neighboring residential property for a maximum 50' separation between buildings. The existing NCC, MDR and HDR standards buffer residential uses through setbacks and /or requirements for tiered buildings. W:\ Word Processing \Ordinances \Title 18 Urban Renewal Overlay Exhibit A.doc 2 The applicant has provided additional info illation summarizing Tukwila's existing height and setback standards as pertains to the NCC, LDR, MDR and HDR zones located in or adjacent to the proposed Urban Renewal Overlay District, as well as examples illustrating setbacks under the "most intensive" development scenarios. (Attachment F). Examples of "tiered" development is provided in the Tukwila International Boulevard Design Manual, and Tukwila International Boulevard Plan. (Attachment G) Protecting single family residential areas from the impacts of new, taller buildings is also addressed. In addition to the separation provided by the required NCC setbacks, single family residential is located either across a street from the Urban Renewal Overlay District (i.e. 37 Avenue S., or S. 140 or adjacent to a wetland or buffer in an area that is very unlikely to redevelop (i.e. between S. 144 and S. 146 just east of 42 Avenue S.) Per Qualification Criterion #2 below, at least 100' of the development's perimeter must front on Tukwila International Boulevard. This ensures that development will be oriented toward TIB, and away from existing residential uses. 2) "Allow multifamily parking standards to be one parking space per each dwelling unit that contains up to one bedroom plus 0.5 spaces for every bedroom in excess of one bedroom in a dwelling unit." Current parking standards require two off street parking spaces for each single and multi- family dwelling unit which contains up to three bedrooms and one additional off street parking space for every two bedrooms in excess of three bedrooms in a dwelling unit. (TMC 18.56.065 A). Each developer who expressed interest in the Tukwila Village project indicated the importance reducing parking requirements. Tukwila's current multi- family parking standards are problematic for some multi- family residential development because the costs of providing the number of required parking spaces per unit makes the economics of redevelopment and new development very difficult. The characteristics of the proposed Urban Renewal Overlay District, including transit service and the availability of shopping and services within walking distance, enable a reduced dependence on automobiles. Reduced parking requirements are consistent with more compact, transit- oriented development pattern that is desired for the area. Reduced parking requirements are consistent with a transition to greater urban density as mixed use development suggests. Allowing the building envelope to set the maximum number of units may result in a different mix of unit types, including additional smaller units, such as studios. Many people who live in studios that are in pedestrian and transit friendly neighborhoods only have one car. The current multi family and mixed -use development regulations that set maximum building height and minimum parking requirements assume significant reliance on automobiles. These development standards are less applicable for neighborhoods, such as the proposed Urban Renewal Overlay District, with transit availability, shopping opportunities for daily needs and a park, library, schools, restaurants and other amenities within walking distance. As the neighborhood continues W: \Word Processing\ Ordinances Title 18 Urban Renewal Overlay Exhibit A.doc 3 to improve in its appearance and amenities, it will become more desirable for compact development and transit oriented living. Although Tukwila applies the same parking standards to both single family and multi- family development, it is not uncommon for jurisdictions to set multi family parking requirements below the typical single family standard of 2+ parking spaces per unit. A number of communities use a sliding scale standard for multi- family with a lesser requirement for studio and one bedroom apartments and increasing for additional numbers of bedrooms. A newer trend is to allow reduced parking standards depending on alternative transportation choices available in the area. As a result, there is no one "perfect" standard for multi family, and adjustments for different situations are appropriate. Tukwila's Current residential parking standards require one bicycle parking space per 10 parking stalls with a minimum of 2 spaces. All other non residential uses require 1 space per 50 stalls with a minimum of 2 spaces. Given the Urban Renewal Overlay District's proximity to services, light rail, transit and trails, as well as the request for reduced automobile parking spaces, it is anticipated that bicycle ridership will increase, both for residents and shoppers. To accommodate additional bicycles, staff recommends adding the following criterion: "One secure, covered, ground -level bicycle parking space shall be provided for every three residential units in a mixed -use or multi-family development. For commercial development, one bicycle parking space shall be provided for every 25 auto parking stalls, with a minimum of two spaces.. 3) "Allow the maximum number of dwelling units to be determined by the building envelope as in the NCC zone, rather than a numeric density. Allow the developer to determine the unit mix with the limitation that units contain at least 500 square feet of interior floor space and allow no more than 50% of the dwelling units to be studios." NCC specifies senior housing at 60 units /acre, but otherwise does not set a specific limit on the number of residential dwelling units. MDR has a maximum density of 14.5 units /acre, and HDR's limit is 22 units /acre. Under the proposal, density would increase depending on the building size, site configuration and setback. Setting a 500' minimum square footage per unit and limiting the percentage of studios allowed is appropriate to the Tukwila community that desires additional density, but is still suburban in nature. 4) "Allow live /work space on the ground floor to meet the NCC requirement for ground floor retail or office space if the live /work space is built to commercial building code standards with a typical retail store front appearance." NCC does not currently allow ground floor residential, and requires that all residential be above commercial. Allowing ground floor live /work space expands W: \Word Processing\ Ordinances\ Title 18 Urban Renewal Overlay Exhibit A.doc 4 the options available for housing, especially as an interim use, but also keeps the flexibility to return to commercial use when the market dictates. 5) "Allow ground floor residential uses in the NCC zone in buildings or portions of buildings that do not front on an arterial." NCC does not currently allow ground floor residential, and requires that all residential be above commercial. Allowing ground floor residential further expands the options available for housing on the smaller streets where commercial spaces may not be viable, but maintains the liveliness of mixed use on the arterials including TIB, South 144 and 42 Avenue S. Oualification Criteria The qualification criteria are intended to ensure that development design and function addresses community interests. The Urban Renewal Overlay District's proposed development standards would apply if the owner /developer requests, and if all the following criteria are met: (1) "At least 100 feet of the development's perimeter fronts on Tukwila International Boulevard." This is intended to focus development on Tukwila International Boulevard where it is most appropriate, and away from the smaller streets. (2) "At least 75% of required parking is provided in an enclosed structure (garage or podium). The structure must be screened f om view from public rights of way." The requirement for enclosed parking encourages a pedestrian friendly environment. Increased density should not result in large amounts of surface parking but it is also important to be responsive to the significant costs of providing structured parking. Cooperative parking may be considered if appropriate (TMC 18.56.070). (3) "The ground floor along Tukwila International Boulevard must be active uses except for the width of the garage access." A range of active uses is highly desired add liveliness to the neighborhood, and encourage pedestrian activity. This requirement will encourage creative site design, but may present challenges for on small or irregularly- shaped parcels. Staff recommends the following revision to provide some flexibility as needed to accommodate specific sites: "The ground floor along Tukwila International Boulevard must contain active uses except for the width of the garage access when site conditions allow." (4) "Residential and commercial tenant leases must prohibit parking on neighborhood streets." W: \Word Processing \Ordinances \Title 18 Urban Renewal Overlay Exhibit A.doc 5 A check with the Municipal Research and Services Center indicated that this provision is not practical, and is probably not legal. In the future, establishing a Restricted Parking Zone (RPZ) may be another means to limit on- street parking, with financial support from the building owner, and implemented by the Tukwila Police. At present, staff recommends deleting the criterion as proposed above, and substituting a requirement for the owner /manager to prepare a Transportation Management Plan to encourage alternative to automobile use, including such items as information about transit and bicycle options, schedules, and /or providing bus tickets and /or bus passes. The Transportation Management Plan is can be utilized as a means to limit the impacts of parking. Staff recommends adding the following criterion: The building owner /manager shall prepare a Transportation Management Plan to encourage alternatives to automobile use, and provides each residential and commercial tenant with materials that may range from offering information about transit and bicycle options to providing bus tickets and passes. (5) "Residential development must encourage tenants to use a car sharing program and make one space available at no charge to a car sharing program (if available) for every 50 spaces on site." Car sharing allows tenants to utilize automobiles without requiring individual car ownership or dedicated parking. In exchange for the reduced costs of providing fewer spaces, developers can encourage the use of shared transportation by providing a limited number of dedicated spaces. (6) "Development must provide amenities such as the following to enable a high quality pedestrian experience: retail windows; pedestrian scale design along sidewalks; wide sidewalks; pedestrian access through site; benches; art; landscaping and lighting, etc." These are examples of amenities that shall be provided to make the mixed use and commercial environment both functional and attractive. These amenities are discussed more fully in the "Tukwila International Boulevard Design Manual." REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan The proposed zoning code and map amendment is consistent with the Comprehensive Plan. As discussed more fully in L08- 081 Comprehensive Plan Amendment above, Tukwila's Comprehensive Plan considers "To redevelop and reinvigorate the Pacific Highway Corridor" the #2 priority of the four major objectives for the city. A zoning W: \Word Processing\ Ordinances\ Title 18 Urban Renewal Overlay Exhibit A.doc 6 amendment that establishes an Urban Renewal Overlay District and supplemental development regulations and criteria is a needed redevelopment tool to implement this primary objective and accompanying policies. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. The proposed Urban Renewal Overlay District would retain and be consistent with the existing Medium Density Residential (MDR) High Density Residential (HDR), and Neighborhood Commercial Center (NCC) zoning of the seven -block area. The proposed amendment would create an Urban Renewal Overlay District that would supplement the current underlying zoning through new development standards that would apply only if specific conditions and criteria were met. Important supplemental standards include 65'maximum building height with existing NCC setbacks, reduced parking requirements, and maximum residential density determined by building envelope for MDR and HDR. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Changed conditions in the vicinity of the proposed Urban Renewal Overlay District support future redevelopment and warrant the proposed amendment to the Zoning Map and development standards. These include: (a) An Urban Renewal Area was established in 2000 per RCW 31.81; (b) Cascade View Community Park was developed; (c) Infrastructure upgrades and urban roadway improvements have been completed from S. 154 to S. 139 (d) City of Tukwila purchased approximately six acres along Tukwila International Boulevard and is negotiating with a developer for the creation of a mixed use town center called Tukwila Village at the intersection of S. 144 and Tukwila International Boulevard. All of the developers who competed for this project stressed the importance of being able to build to 65' and meet lower parking requirements in order to ensure the economic viability for the project; (e) Light rail station opened at S. 154 with service to downtown Seattle, SeaTac Airport (July, 2009). Additional bus service is proposed to the light rail station; (f) There is increased interest nationally for employees and residents to work and live in pedestrian friendly, transit- oriented neighborhoods. 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 neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located W: \Word Processing \Ordinances \Title 18 Urban Renewal Overlay Exhibit A.doc 7 The proposed Urban Renewal Overlay District and development standards will encourage new development and revitalization of underutilized properties to improve the appearance, safety, and desirability of the neighborhood along Tukwila International Boulevard as discussed in the Tukwila International Boulevard Plan Revitalization and Urban Renewal. This redevelopment will benefit all properties in the vicinity. The Urban Renewal District proposed development standards would apply if the developer requests and if additional development criteria are met. The development criteria provide protection for the neighborhoods, and ensure high quality development. The neighboring uses, including those in residential zones, would be protected from the impacts of new taller development through the existing Neighborhood Commercial Center setback standards. Impacts to surrounding neighborhoods further limited since new development is oriented primarily toward Tukwila International Boulevard through 1) requiring that at least 100' of the development parcel's perimeter front on Tukwila International Boulevard (TIB), and 2) have active uses on the ground floor along TIB. Single family zones further protected since they are separated from new development either by a street or by location adjacent to a wetland. Live /work space would be permitted on the ground floor, but only if it were built to commercial standards. This would ensure the desired appearance of commercial in the NCC zone, and would permit the conversion to exclusive commercial use as needed. In addition, ground floor residential would be permitted in the NCC zone within the Urban Renewal Overlay District, but only on buildings or portions of buildings that did not front on an arterial such as TIB, S. 144 or 42 Avenue South. The additional criteria encourage a good pedestrian environment by requiring high quality pedestrian design features in elements such as wide sidewalks, pedestrian access through the site, benches, art, landscaping and lighting. As a means to limit the impacts to the neighborhood of possible on- street parking, the original application required that "Residential and commercial tenant leases must prohibit parking on neighborhood streets." Subsequent research determined that this was most likely not legal, so staff is recommending that building owners /managers be required to prepare Transportation Demand Management plans that offer items such as information about transit, bus tickets, transit passes, etc. Establishing a Restricted Parking Zone with specific parking requirements may be another strategy to consider. The budgetary impacts of enforcement could be limited by requiring the building owners to pay for parking enforcement. Site development applications for SEPA and Design Review would address specific impacts such as traffic, parking, impacts on abutting property and other issues. Environmental review, design review with a Board of Architectural Review hearing and public involvement would provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. W: \Word Processing \Ordinances \Title 18 Urban Renewal Overlay Exhibit A.doc 8 ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: Establishing an Urban Renewal Overlay District, and a zoning map change accompanied by supplemental development standards and criteria is consistent with the Comprehensive Plan policies that support redevelopment along the Tukwila International Boulevard. "To develop and reinvigorate the Pacific Highway Corridor" is the Comprehensive Plan's #2 overall objective. 2) Consistency with Zone: The proposed Urban Renewal Overlay District and supplemental development regulations are consistent with the underlying zoning and the precedent set by the Commercial Redevelopment Area designation. 3) Changed conditions: Changed conditions such as the establishment of an Urban Renewal Area in 2000, infrastructure upgrades, urban roadway improvements, the City of Tukwila's purchase of six acres of property, and the opening of a light rail station justify the request for establishing an Urban Renewal Overlay District, supplemental development standards and criteria. There is increased interest nationally for employees and residents to work and live in pedestrian friendly, transit oriented neighborhoods. 4) Community interest: Supplemental development standards benefit the community by encouraging new development, while protecting adjacent properties, and existing residential uses. W: \Word Processing \Ordinances \Title 18 Urban Renewal Overlay Exhibit A.doc 9 1 '1■ 11 1■ IN Urban Renewal Overlay District C Rede Areas Tukwila International Boulevard Urban Renewal Overlay District Exhibit B EXHIBIT C Figure 18 -7 Required Number of Parking Spaces for Automobiles and Bicycles Use Single family and multi- family dwellings Multi- family and Mixed -Use residential (in the Urban Renewal Overlay (URO)) Senior Citizen Housing Religious facilities, mortuaries and funeral homes Colleges, Universities, Vocational Schools and other post- secondary educational institutions Automobile Standard 2 for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations and accessory dwelling units as otherwise proved by this title. One for each dwelling unit that contains up to one bedroom. 0.5 additional spaces for every bedroom in excess of one bedroom in a multi- family dwelling unit. At least 75% of required residential parking is provided in an enclosed structure (garage or podium). The structure must be screened from view from public rights of way. One automobile space at no charge to a car sharing program (if available) for every 50 to 200 residential units on site. An additional space shall be provided for developments with over 200 residential units. All car share spaces are in addition to required residential parking. If car sharing programs are not available when the building is constructed, an equivalent number of guest parking spaces shall be provided. These shall be converted to dedicated car sharing spaces when the program becomes available. For 15 units or less, 1 space per dwelling unit. For dwellings with more than 15 units, a minimum of 15 spaces are required, plus 1 space per 2 dwelling units. 1 for each 4 fixed seats Shall be determined by Planning Commission, based on an evaluation of information concerning traffic generated by proposed use. W: \Word Processing Ordinances Title 18 Urban Renewal Overlay Exhibit C.doc Bicycle Standard For multi-family, 1 space per 10 parking stalls, with a minimum of 2 spaces. No requirement for single family. One secure, covered, ground -level bicycle parking space shall be provided for every four residential units in a mixed -use or multi- family development. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 Convalescent/ nursing /rest homes Food stores and markets High schools Hospitals Hotels, motels and extended stay Manufacturing Office, commercial and professional buildings, banks, dental and medical clinics Outdoor sports areas Places of public assembly, including auditoriums, exhibition halls, community clubs, community centers, and private clubs Post offices Public facilities, including libraries, police and fire stations 1 for every 4 beds with a minimum of 10 stalls 1 for each 300 square feet of usable floor area 1 for each staff member plus 2 for every 5 students or visitors 1 for each bed 1 for each room, plus one employee space for each 20 rooms, rounded to the next highest figure 1 for each 1,000 square feet of usable floor area 3.0 for each 1,000 square feet of usable floor area Shall be determined by Planning Commission The Director shall determine the number of required parking spaces, with a minimum of 1 space for every 100 square -feet of assembly area. To ensure parking adequacy for each proposal, the Director may consider the following: a. A parking study or documentation paid for by the applicant and administered by the City regarding the actual parking demand for the proposed use, or b. Evidence in available planning and technical studies relating to the proposed use. 3 for each 1,000 square feet of usable floor area Shall be determined by the Planning Commission W: \Word Processing \Ordinances \Title 18 Urban Renewal Overlay Exhibit C.doc 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. Restaurant 1 for each 100 square feet of usable floor area Restaurant, Fast food Retail Sales, Bulk Retail sales, General Schools, Elementary Junior High Shopping center (mall), planned, per usable floor 500,000 sq. ft. or 5 for every 1,000 sq. ft. larger 25,000 499,999 sq. ft. Taverns Theaters Warehousing 1 for each 50 square feet of usable floor area. Fifty percent of any outdoor seating area will be added to the usable floor area for parking requirement calculations. 2.5 for each 1,000 square feet of usable floor area 4 for each 1,000 square feet of usable floor area if located within the TUC or TVS zoning districts; 2.5 for each 1,000 square feet of usable floor area if located in any other zoning district. 1.5 for each staff member 4 for every 1,000 sq. ft. W: \Word Processing\ Ordinances Title 18 Urban Renewal Overlay Exhibit C.doc area size, as listed b 1 for every 4 persons based on occupancy load. 1 for every 4 fixed seats. If seats are not fixed, 1 per 3 seats, with concurrence of Fire Chief, consistent with maximum allowed occupancy 1 for every 2,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per classroom elow 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 100 seats, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. cy S_ 33 S T' S 135 S O 180' o o N L. 210' 128' 235' c i el H i c 1, 400' S 140 ST a_ R 599 ll 11^ \\a -sa i 1 NNI TM Iwins 11 A 4117409 maw 5 144 STN MN IN S 146 ST S 158 S S 148 ST 51505' ;1 5160 ST \f Zoning Designations LDR -Low Density Residential MDR Medium Density Residential HDR -High Density Residential O- Office MUO -Mixed Use Office NCC- Neighborhood Commercial Center RC- Regional Commercial C /LI- Commercial /Light Industrial Tukwila City Limits Commercial Redevelopment Areas Dimensions are approximate ■11::l!- gionsimie mama ■1!1110 Au11111111 4 5 154 sT 1111111! fElSl�u� 11111111111 :1LaiEI➢1 P i� i 2ii111 1 Imo 917 111 =mg :iii migmw IIA NNW law MIME 44, awe a A NE lip 4' 1 Sul: 1111 NUN 11� 1111111 .•11. II" /J■ 111 ©d: i1i• 5' 158 ST 111111 111111 0 S 130 ST, 1 ao sr iN 1M 312' 111 87 126'105' *If used for commercial purposes must be assembled 139 ST with lot to north ST 146 ST 148 ST of 195' 96' 10 160; o Ho Scale 10/98 206' 187' At least 100' of the development parcels perimeter must front on Tukwila International Blvd Exhibit D Commercial Redevelopment Areas in the Tukwila International Boulevard Corridor Figure 18 -9 LI 7 g f" 1 i 1 14o st) r: fa, 1 ,1 e_ ri.■I':',0 i v _LA Commercial Redevelopment Areas Urban Renewal Overlay District S 14i St 146 St A I I (11 I 1 I Tukwila International Blvd Urban Renewal Overlay District Figure 18-15 Exhibit E EA C. S144S. COUNCIL AGENDA SYNOPSIS %k Lutiulr ITEM NO. r'O�. 1 Meeting Date Prepared by I Mayor's review I Cor `of.. o I 10/12/09 1 SH I ifs I GYY r t/ I 10/19/09 I SH I %V1 ITEM INFORMATION CAS Number 09-149 ORIGINAI.AGI,ND.\D.1rE: OCTOBER 12, 2009 \(,I:ND Iri.ni Trrl.IC Resolution ordering cancellation of past due Accounts Receivable and Returned Check Write -offs. Ca'l'l..(( )R1 Dirctt.r. ion Motion Resolution 1 1 Ordinance Bic Award Path /ac Hearin° Other Altg Date 10/12/09 AN Date Mt; Date 10/19/09 illtg Date illtg Date illtg Date Alts Date Sr( )NU )R Council IVlayor _4dm Svc:r DCD Finance Fire Legal 1 1 P /tR Police PIL' SI' NSOR'S There are certain receivables that have been deemed uncollectible and need to be removed SUMMARY from the Accounts Receivable Ledger. The Council is being asked to consider and approve the attached resolution. RI:\'II';1C I) BY COW Mtg. CA &P Cmte F &S Cmte 1 1 Transportation Cmte 1 Utilities Cmte 1 1 Arts Comm. 1 Parks Comm. Planning Comm. DATE: 10/06/09 RECOMMENDATIONS: SP( )NSOR /AI)MIN. Co\IMJTTEk Unanimous approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE E\I'I INDITuRI: RI; u1RI?I) AMOUNT B UDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/09 Forward to Next Regular Meeting 10/19/09 MTG. DATE ATTACHMENTS 10/12/09 Informational Memorandum dated 09/30/09 Resolution in draft format with Attachment A Minutes from the Finance and Safety Committee meeting of 10/6/09 10/19/09 Resolution in Final Form City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE CANCELLATION OF PAST -DUE ACCOUNTS RECEIVABLE AND RETURNED CHECK WRITE -OFFS. WHEREAS, certain receivables and checks have been deemed uncollectible after efforts by both the City and a collection agency have been unsuccessful; and WHEREAS, the City will continue to pursue these receivables when practical; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Miscellaneous Accounts Receivable and Returned Checks. The total of $185,450.81 is deemed uncollectible. See Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: Word Processing Resolutions \Write Offs.doc ksn 10/13/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment: "Attachment A" Past -Due Accounts Receivable and Returned Check Write -offs as of September 30, 2009 Page 1 of 1 Attachment A as of 09.30.09 Attachment A Past Due Accounts Receivable and Returned Check Write-offs as of September 30, 2009 Invoi For Date 1 I Customer 1 Fund Amount 1 12/31/07 I Michael Adams Water 12/07/06 I Boss Wear (965) 12/28/06 I Boss Wear (965) 02/20/07 Boss Wear (961) 01/04/07 Boss Wear (1111) 07/05/07 (Busy Body Home Fitness 12/31/06 1Cost Plus 04/22/05 !Gordon's on the Green 05/31/05 IGordon's on the Green 05/31/05 I Gordon's on the Green 06/30/05 IGordon's on the Green 08/31/05 Gordon's on the Green 08/31/05 Gordon's on the Green 09/25/06 !Gordon's on the Green 09/30/05 !Gordon's on the Green 11/16/05 I Gordon's on the Green 12/31/05 1Gordon's on the Green 12/31/05 Gordon's on the Green 04/20/06 Gordon's on the Green 04/20/06 Gordon's on the Green 04/20/06 1 Gordon's on the Green 05/31/06 1 Gordon's on the Green 08/31/06 Gordon's on the Green 08/31/06 Gordon's on the Green 08/31/06 Gordon's on the Green 10/30/06 Gordon's on the Green 10/31/06 Gordon's on the Green 11/30/06 1 'Gordon's on the Green 12/31/06 1 IGordon's on the Green 02/28/07 !Gordon's on the Green 03/31/07 Gordon's on the Green 05/15/07 Gordon's on the Green 10/22/07 1Gord on's on the Green 12/04/07 I Gordon's on the Green 12/20/07 I 'Gordon's on the Green 12/31/07 Gordon's on the Green 02/26/08 Gordon's on the Green 03/06/08 Gordon's on the Green 05/27/08 !Gordon's on the Green 05/27/08 1Gordon's on the Green General General General General General General Golf Golf Golf Golf iGolf Golf Golf 1Golf 1Golf !Golf !Golf !Golf Golf Golf Golf Golf 1Golf Golf 1Golf I Golf 1Golf Golf Golf Golf ;Golf Golf I Golf G Gf 1 !Golf 1 1 Golf 1 I IG o o i lf Gf Invoice No. MB-00118 CD-00329 CD-00328 RF-00018 RF-00002 RF-00089 CD-00318 CD-00434 CD-00432 CD-00433 CD-00431 CD-00430 CD-00436 CD-00418 CD-00429 CD-00422 CD-00428 CD-00435 CD-00425 CD-00426 CD-00427 CD-00424 1CD-00416 1CD-00417 CD-00421 CD-00419 CD-00423 CD-00420 1CD-00415 MB-00053 MB-00049 MB-00050 MB-00051 MB-00052 MB-00048 MB-00085 MB-00337 MB-00338 MB-00197 MB-00198 372.50 hydrant damage 60.00 fee 85.00 60.00 60.00 60.00 110.00 2,307.83 2,121.60 2,221.62 2,222.06 2,785.08 2,310.50 1 1,834.50 2,666.55 2,275.58 2,523,84 2,100,18 2,120.34 1,977.69 2,292.06 2,008.98 2,354.69 2,633.18 2,241.29 2,473.93 2,204.43 2,149.02 2,338.66 1 3,934.68 5,289.24 1,708.90 3,871.65 1,845.14 1,530.07 1,928.24 1,573.81 1,772.41 1,497.02 1,617.93 1 I Fire 1Reinspection 1 Reinspection fee Reinspection fee Reinspection fee IReinspection fee 1Reinspection fee 'Their portion of Seattle City Light Bill 'Their portion of Seattle City Light Bill !Their portion of Seattle City Light Bill !Their portion of Seattle City Light Bill ITheir portion of Seattle City Light Bill !Their portion of Seattle City Light Bill !Their portion of Seattle City Light Bill 'Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill }Their portion of Seattle City Light Bill 1Their portion of Seattle City Light Bill ITheir portion of Seattle City Light Bill Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill 1Their portion of Seattle City Light Bill 'Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill King Co Sewage Trtmt Capacity Chg Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill 1Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill !Their portion of Seattle City Light Bill !Their portion of Seattle City Light Bill 1Their portion of Seattle City Light Bill 1Their portion of Seattle City Light Bill ITheir portion of Seattle City Light Bill Notes ilnsurance will not pay-caused by other party To EPR 8/10/07 To EPR 9/26/07 To EPR 10/7/08 To EPR 10/7/08 To EPR 10/7/08 To EPR 8/10/07 Bankrupt 6/1/2009 1 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 !Bankrupt 6/1/2009 !Bankrupt 6/1/2009 !Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 ;Bankrupt 6/1/2009 1 Bankrupt 6/1/2009 1Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 !Bankrupt 6/1/2009 !Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 09/30/2009 07/03/08 07/03 /08 07/30/08 09/05/08 10/28/08 12/31/08 10/2/006 12/15/06 05/16/07 11/07/06 11/07/06 Invoice Date 11/03/05 12/14/06 11/03/06 12/14/06 12/14/06 11/03/06 11/03/06 12/14/06 12/31/06 12/31/06 12/31/06 12/31/06 12/31/06 12/31/06 05/10/07 05/10/07 05/10/07 05/10/07 05/10/07 05/10/07 05/10/07 05/10/07 05/10/07 05/10/07 05/10/07 05/10/07 05/10/07 12/31/06 Attachment A as of 09.30.09 Attachment A Past Due Accounts Receivable IGordon's on the Green (Golf 1Gordon's on the Green j !Golf IGordon's on the Green (Golf 1Gordon's on the Green jGolf !Gordon's on the Green IGolf IGordon's on the Green j !Golf !Medina Restaurant j !General North Star Design 1General Priya's Auto Care Center jGeneral Southcenter One Hour Cleaners j General !Washington National Mortgage j !General Miscellaneous Billing Total Customer 1 Fund American Broadcast System American Broadcast System Armed Forces Recruiting Armed Forces Recruiting Armed Forces Recruiting Casual Male Champs Sports Warehouse Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Checker Collision Center Half Price Books MB -00200 MB -00201 MB -00204 MB -00210 MB-00220 MB-00265 CD -00316 CD -00267 RF -00060 CD-00296 1 CD -00288 and Returned Check Write -offs a 1,674.96 1,981.70 2,137.14 2,034.42 2,168.75 3,222.43 60.00 60.00 60.00 60.00 60.00 91,059.60 Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill !Their portion of Seattle City Light Bill 'Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill Their portion of Seattle City Light Bill IReinspection fee 1Rennspection fee !Reinspection fee Reinspection fee (Reinspection fee s of September 30, 2009 !Bankrupt 6/1/2009 1 Bankrupt 6/1/2009 j Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 Bankrupt 6/1/2009 To EPR 2/20/07 To EPR 8/10/07 To EPR 8/10/07 jTo EPR 08/10/07 To EPR 08/10/07 1 Invoice No. 1 !General CD -00054 !General CD -00088 1 !General CD -00013 j General 1 CD -00012 !General 1 1CD -00007 1 jGeneral 1 ICD -00181 1 IGeneral 1 1CD -00165 1 !General 1CD -00120 General 1CD -00115 General ICD -00122 General 1 ICD -00123 General CD -00124 General CD -00126 General CD -00137 General PF -00010 j General PF -00011 I General PF -00012 General PF -00013 General 1 PF -00014 General I PF -00021 General j 1PF -00022 1 General .1 I PF -00015 General 1 1PF -00016 General j 1PF -00017 General 1PF -00018 I General PF -00019 I General PF -00020 1 IGeneral ICD -00169 1 Amount 25.00 25.00 25.00 1 25.00 1 25.00 1 25.00 25.00 25.00 1 25.00 1 25.00 j 25.00 25.00 25.00 25.00 1 25.00 1 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 1 25.00 25.00 25.00 2 False Alarm False Alarm False Alarm False Alarm False Alarm False Alarm (False Alarm !False Alarm IFalse Alarm False Alarm False Alarm False Alarm 'False Alarm !False Alarm 1 False Alarm False Alarm False Alarm !False Alarm !False Alarm !False Alarm I False Alarm False Alarm False Alarm False Alarm +False Alarm !False Alarm 1 False Alarm 'False Alarm For 1, jTo EPR 8/10/07 jTo EPR 8/10/07 I In dispute 11n dispute IIn dispute To EPR 8/10/07 To EPR 8/10/07 To EPR 09/26/07 To EPR 09/26/07 ITo EPR 09/26/07 ITo EPR 09/26/07 ITo EPR 09/26/07 ITo EPR 09/26/07 To EPR 09/26/07 To EPR 10/15/07 To EPR 10/15/07 ITo EPR 10/15/07 ITo EPR 10/15/07 ITo EPR 10/15/07 To EPR 10/15/07 To EPR 10/15/07 To EPR 10/15/07 To EPR 10/15/07 To EPR 10/15/07 To EPR 10/15/07 To EPR 10/15/07 To EPR 10/15/07 To EPR 09/26/07 Notes 09/30/2009 B 106 Precision Auto Auto Body 8106 precision s t�._ Total Site bock Sy False Alarms Custom Return Date I porsche Ph elps 1(p3108 Tanta Hagan 1Q8 Tanta Maclane 0311 N1un Saelee Ho m 0 58 Jolyn Capi 051061!06108 Joe Barnes Lawann 8113108 n 071161 a Gale Returned Che&Total\ Concessions FPes 1 Write o Check No. Ge neral Puna CK# 1011 General CK 1244 G C 0051 t G eneral 4 General G CK #.2657 General CO 107 C K# 1022 r and Tot al 1 1 Golf p�nrount 65.00 120 40 0 90.0 100.0 482.0 �;(IRNED CYiEGK' For iR�QN;S 04118107 21311 Notes 0911 0911 1211 0 0 12 13 11200 S Receivable `and Retu General CO-00091 25.00 25 00 Attachment A p as t Due AepU GQneral CD 04078 25 00 1 C O .00050 General S Green bankruptcy the *Note: Gordon's n payor repo be 0 2009 s.tem n trite -Otis as Of To EPR 08110107 e d heck v V To EPR 08110107 rn ss �on_existent False Alarm Address False Alarm :::r' ::,r;: False Alamo Youth Basketball_. Presch Swim Lessons TC C Bootcam p Adult Fittness ass Oaycamp Camp TukwV∎ly ,.1...,.i_,‘,3,--3-,2A I`*I 155,450.81 1_ 183,x.31 I FPR5 128108 To I I \To E0R512 I'To EP5128l08 I I ToEPR To EP To EPR 9126108 To E,PR 91510B 1120 Bankrup 09130!2009 COUNCIL AGENDA SYNOPSIS ILA k, ITEM NO. 00 '4� Initialr 4 [tileeti Dcrte Pre cued G [llcr nr review va a 2 p Y 1 Coi a y I 10/12/09 I SH I �i 1 �V�'► 10/19/09 1 SH I' ti 1 a+ 2 90= I I I I I ITEM INFORMATION CAS Number 09-150 1 ORIGINAL AC;I:ND, \D,VI'I: OCTOBER 12, 2009 .\(;KNI).\ hlE\I Trri,K An ordinance establishing new regulations regarding water, sewer and surface water utility taxes. C 1'1 is )R1' Di.re•tt-r-rion [Motion U Resolution Ordinance U Bid Amard n Pub /ic Heart' no Other AItg Date 10/12/09 [lltg Date [lltg Date Rltg Date 10/19/09 ilitg Date illtg Date [lltg Date SPc) tic )R I Council Mczyar Adm Svcs DCD .Finance Fire Legal n P &R Police Plt% Si )NsoR'S This ordinance creates new regulations in new TMC Chapter 3.54 implementing a utility Su.`I.`l \R\ tax on the water, sewer and surface water funds. The utility tax would be on the gross revenue of the utility funds, rather than on the utility customers. The Council is being asked to approve the ordinance creating a utility tax on the water, sewer and surface water funds. RI:\'II?\ \%I,I) BY COW Mtg. Li CA &P Cmte F &S Cmte Transportation Cmte 1 Utilities Cmte n Arts Comm. Parks Comm. 1 1 Planning Comm. DATE: 10/6/09 RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department COMMITrlr,l? Unanimous Approval; Forward to C.O.W. COST IMPACT FUND SOURCE EyP1?NDI1•lIRI? RI;c>UIRI?I) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/09 Forward to Next Regular Meeting with Changes to Ordinance 10/19/09 MTG. DATE 1 ATTACHMENTS 10/12/09 I Informational Memorandum dated 10/2/09 Ordinance in draft form Minutes from Finance and Safety Committee meeting of 10/06/09 10/19/09 Revised _Informational Memorandum dated 10/13/09 Ordinance in strike -thru underline format TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Rhonda Berry Finance and Safety Committee FROM: Shawn Hunstock, Finance Director DATE: October 13, 2009 SUBJECT: Draft Utility Tax Ordinance ISSUE The City is in need of funding for emergency planning and response costs in the event of a flood. Such planning directly relates to conditions at the Howard Hanson Dam. BACKGROUND Jim Haggerton, Mayor The City recently declared an emergency due to conditions at the Howard Hanson Dam, and the likelihood given those conditions that the U.S. Army Corps of Engineers, which operates the dam, could release large amounts of water to prevent further damage to the dam in the event of high rainfall. The City's Emergency Management Coordinator, Hillman Mitchell, is recommending specific measures be taken to prepare for a possible flood during the coming flood season. Such measures include placement of sandbags and other materials on top of publically owned levies throughout the City. The initial cost estimate of purchasing the necessary materials and equipment, and placement on those materials on top of the levies, is in the range of $2.1 million to $2.5 million. The City will also incur costs related to completion of an emergency response plan in the coming weeks, as well as other planning costs. The exact cost of these other items is unknown at this time, but could exceed a few hundred thousand dollars. The City received information recently indicating the materials placed on top of the levy could stay in place for up to five years with appropriate maintenance. The large sandbags will need to be covered to protect them from UV rays, and a few bags may need to be moved if placed in or near the public right -of -way, but most of the bags will be able to stay were they are initially placed. The costs identified above will be necessary regardless of whether there is an actual flood event or not. These estimates do not include the cost of response to an actual event, which would obviously be significant, not to mention the potential cost of repairs to City infrastructure. INFORMATIONAL MEMO Page 2 DISCUSSION The administration is recommending a utility tax on the water, sewer and surface water funds to pay for the cost of preparedness and possible response over the next several months. The expectation at this time is that the tax would not be passed on to customers of these utilities. The tax rate would be 15% effective December 31, 2008 through April 30, 2010. This initially higher rate is due to the cost over the next few months of raising the level of the levies, as well as the cost of completion of planning efforts. A utility tax of 10% would remain in place to fund on -going planning and possible response costs for such natural disasters in the future. The 10% utility tax is scheduled to expire as of December 31, 2012, but could be changed before then, or extended at any time. It is anticipated that a long -term fix for the dam could take several years, and the City would incur significant costs each year during the flood season to prepare for a possible event. It should be noted that the City continues to pursue any and all external funding for the steps now being considered. It is not known at this time if these expenses will be reimbursable absent an actual flooding event. Should such expenses be reimbursed, the City will have the option of replenishing the utility funds for taxes collected to pay for flood related expenses. A utility tax on the water, sewer and surface water funds is considered appropriate to preserve, protect, and if necessary repair, such utility infrastructure throughout the City. The cost of not taking such measures now and potentially repairing this infrastructure later would greatly exceed the cost of measures now being planned, not to mention the health and safety issues that would result if the City were to not prepare as now planned for a possible flood. RECOMMENDATION The Council is being asked to approve the attached ordinance adopting a utility tax on the water, sewer and surface water funds effective December 31, 2008. This item was discussed at the October 5, 2009 Finance and Safety Committee meeting, and the October 12, 2009 Committee of the Whole meeting. It is scheduled for consideration at the October 19, 2009 Regular Meeting. ATTACHMENT Draft Ordinance in strike -thru underline format W:12009 I n foMemos\Uti lityTaxRevised. doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 3.54, REGARDING WATER, SEWER AND SURFACE WATER UTILITY TAXES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has determined the Financial Planning Model demonstrates there is projected to be a deficit balance in the General Government Funds by 2011; and WHEREAS, the City has availed itself of all appropriate revenue sources currently authorized and has reduced expenditures by 3% in the General Fund; and WHEREAS, the basic City service levels could suffer a reduction without a new source of revenue; and WHEREAS, implementation of a tax on the City's water, sewer and surface water utilities measured by gross earnings is expected to generate eufficicntadditional revenue to help maintain current levels of City services; and WHEREAS, the City Council desires to accelerate the collection of the utility tax imposed herein; and 'WHEREAS, the City Council has determined the public interest is best served by the implementation of a tax on the City's water, sewer and surface water utilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code Chapter 3.54, "City Utility Tax," is hereby established to read as follows: CHAPTER 3.54 CITY UTILITY TAX Sections: 3.54.010 City Utility Tax 3.54.020 Definitions 3.54.030 Tax Rate 3.54.040 Tax Year 3.54.050 Exceptions and Deductions 3.54.060 Finance Director to Make Rules 3.54.010 City Utility Tax There is hereby imposed a tax to be levied on and after Qet-eher 1, 2009December 31, 2008, against and upon the gross earnings of the water, sewer and surface water utility funds and on all water, sewer and surface water utilities at the rates set forth in this chapter. The tax shall, however, be subordinate to any payments required to be made by any of said utility funds from said gross earnings into any fund or funds heretofore C \DO'U \9F- 1)1(01 .1 Y -1 TI11(''•. LOLLS- I`.Ten \tiPerowise'.1lolily Tax 10 -11 -09 (21 dn,, Vr` ere} Processing \Oi duvmcetWti4,43 a,clee Sla kai 10/13/200 Pave 1 of 3 or hereafter created for the payment of and interest on revenue bonds of the City heretofore or hereafter issued. 3.54.020 Definitions As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. 1. "Finance Director" means the Finance Director of the City of Tukwila, Washington, or his or her designee. 2. "Gross earnings" means the consideration, whether money, credits, rights or property expressed in terms of money, proceeding or accruing by reason of the transaction of business and includes gross proceeds of sales, compensation for rendition of services, gains realized from interest, rents, royalties, fees, commissions, dividends and other emoluments, however designated, all without any deduction on account of cost of property sold, materials used, labor, interest, losses, discount and any other expense whatsoever. 3. "Sewer service" means any connection to the City sewer system and shall be further defined by customer class. 4. "Surface water service" means any connection to the City surface water or storm drainage system and shall be further defined by customer class. 5. "Water service" means any connection to the City water system and shall be further defined by customer class. 3.54.030 Tax Rate There is levied upon water, sewer and surface water utilities, taxes in the amount to be determined by the application of rates given against gross earnings as follows: 1. Upon the City water, sewer and surface water funds, a tax equal to 3515% of the total gross revenue from such business from all customers in the City during the period for which the tax is due. Such tax shall be effective from October 1, 2009December 31, 2008 through —April 30, 2010. 2. Upon the City water, sewer and surface water funds, a tax equal to 10% of the total gross revenue from such business from all customers in the City during the period for which the tax is due. Such tax shall be effective from May 1, 2010 through December 31, 2012. 3.54.040 Tax Year The tax year for purposes of this water, sewer and surface water utility tax shall commence Oct 1 ,200-9December 31, 2008 and -end Deeer 1sea 22f09 -and thereafter shall commence on January 1 and end on December 31 each year. 3.54.050 Exceptions and Deductions In computing the gross earnings tax due under the provisions of this chapter, there shall be deducted from the measure of the tax the following items: 1. Uncollected accounts, if the books of the utility are on an accrual basis as distinguished from a cash basis. 2. Amounts received through contemplated or actual condemnation proceedings or in account of any federal, state or local public works project. C'`.DOC1JMF -I \KELLY-- I.TIIK'A fICIA I S- 17emn \XPemwise(IIihhv Tax 10 -13 -04 (21 docMJ- FLberd- ProcessiN td+Rairta tikt 4x. -lee SI-I ksn 10/13/2000 Page 2 of 3 3. Amounts received as compensation or reimbursement for damages to or protection of any property of the utility. 4. Contributions for or in aid of construction. 5. Amounts collected as sales tax. 6. Amounts received from surcharge to water rates charged outside City limits users for system improvements necessary to meet City standards. 3.54.060 Finance Director to Make Rules The Finance Director shall have the power to adopt and enforce rules and regulations not inconsistent with this chapter or with the law for the purposes of carrying out the provisions thereof. Section 2. 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 3. Effective Date.This Ordinance shall be published in the official newspaper of the City. shall take effect and be in full force five (51 days after the date of publication. and shall be retroactively applied to taxes savable beginning December 31. 2008.. This ordinance or a effect and be in full force five da-yo after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Rem ular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: I Office of the City Attorney SH•k;n 10/132009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: C\UOCUMI/ II I-Y 1 All K`. LOCALS- ICrcmp Iry l'ar 111 -I_- 0912_) 1 doe sword- 140cssng'Ordmance,A-. +aa -Aae Page 3 of 3 COUNCIL AGENDA SYNOPSIS vIILA;��, �J '4� Initials NO. 10/19/09 SH 1 t IVleetin Date Prepared 6 A4 u r.r reuien Caurc rcaie�r a 1 I I I lr jiAl j� .t9o= I I I 5, ITEM INFORMATION CAS Number 09-151 ORIGINALAG1?ND,\ D \TI OCTOBER 19, 2009 AGI ND Ill Trrl.l. A resolution affirming a finding of the existence of an emergency related to conditions at the Howard Hanson Dam. C \"i )1t1" Discussion n Motion Resolution Ordinance BicL4lnard I Public HearznJ Other A1t Date 10/19/09 ilLtg Date !1'Itg Date 10/19/09 Altg Date Altg Date Alt; Date llltg Date SPONSOR Council IVlayor LI Adm Svcr DCD Finance n Fire n Legal P/ R 1 1 Police PI,U SI>ONSOR'S This resolution affirms the finding of the existence of an emergency and authorizes the Su:\If\I.\R1 execution of emergency public works contracts pursuant to RCW 39.04.280. The Council is being asked to approve the resolution affirming the finding of the existence of an emergency. RI .\•II:\11 H1 I 1 COW Mtg. 1 1 CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte 1 1 Arts Comm. n Parks Comm. 1 Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department CONINIF1"1'1?Is COST IMPACT FUND SOURCE L \1'I :NDI I'URI: RI QUIRKD AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/19/09 MTG. DATE ATTACHMENTS 10/19/09 Informational Memorandum dated 10/16/09 Resolution 1 TO: ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Rhonda Berry City Council FROM: Shawn Hunstock, Finance Director DATE: October 16, 2009 SUBJECT: Finding of Existence of an Emergency Jim Haggerton, Mayor The Council passed Resolution 1689 on September 8, 2009 declaring an emergency related to conditions at the Howard Hanson Dam. The City is currently working on contracts for flood prevention purposes to raise the height of the City's levees and perform other related work. RCW 39.04.280(2)(b) requires a written finding of the existence of an emergency by the governing body within two weeks of the award of a contract. The City is currently working on contracts related to flood prevention efforts. One such contract is for placement of Super Sacks and HESCO bags on top of the levees, along with other levee repair and related work. This contract is expected to cost just over $2.1 million. Other contracts are also being worked on at this time for lesser dollar amounts. Given the timing the work must be completed within, the Interim Public Works Director and Emergency Management Coordinator identified the company with the technical capability, as well as availability, to complete work on raising the levees within the required time frame. RCW 39.04.280 allows for an exemption of competitive bidding requirements under emergency conditions as defined within the law, and upon declaration of an emergency by the municipality. The Mayor executed an Agreement for Flood Prevention Services on October 15, 2009, with the King County Flood Control Zone District. The Agreement calls for completion of the levee work by November 7, 2009. The work will be performed by the City under the direction and supervision of the County and the District. Every effort will be made to follow normal Council processes for agenda items. However, this agenda item and other similar emergency measures will more than likely INFORMATIONAL MEMO Page 2 require rapid consideration by Council, which may necessitate by- passing the standard Committee, Committee of the Whole and Regular Meeting process. RECOMMENDATION Council is being asked to approve the resolution affirming the existence of an emergency related to the Howard Hanson Dam and resulting flood control efforts. This item is scheduled to be discussed at the October 19, 2009 Regular Meeting. ATTACHMENT Resolution W InfoMemos\ InfoMemoFindingOfAnEmergency .doc City of Tukwiia Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FINDING THE EXISTENCE OF AN EMERGENCY REQUIRING PUBLIC WORKS, WITHOUT BID, TO ADDRESS A HAZARD RESULTING FROM DIMINISHED CAPACITY AT THE HOWARD HANSON DAM, NECESSITATING LEVEE WORK TO BE COMPLETED BY NOVEMBER 7, 2009. WHEREAS, a hazard to the public safety exists resulting from diminished capacity at the Howard Hanson Dam, resulting in a likely release of higher than normal volumes of water by the United States Army Corps of Engineers; and WHEREAS, if these hazardous conditions are not corrected immediately, there is the likelihood of extensive damage to residential and commercial properties; and WHEREAS, on October 15, 2009, the City executed an Agreement for Flood Protection Services with the King County Flood Control District (District) calling for flood prevention measures to be taken by the City, under the direction of the District, to be completed by November 7, 2009; and WHEREAS, on September 8, 2009, the Mayor and City Council declared a state of emergency pursuant to RCW 39.04.280, RCW 35.23.352, Tukwila Municipal Code Section 3.32.050 and WAC 197 -11 -880; and WHEREAS, said emergency requires the immediate execution of certain public works in order to protect persons and property within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Pursuant to RCW 39.04.280, RCW 35.23.352, Tukwila Municipal Code Section 3.32.050 and WAC 197 -11 -880, the City Council of the City of Tukwila hereby finds the existence of an emergency resulting from diminished capacity at the Howard Hanson Dam, which has caused conditions that are a hazard to the public safety and require emergency public works, without formal bid, as described in the Declaration of Emergency issued by the Mayor and City Council on September 8, 2009. The City Council hereby affirms said Declaration. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing Resolutions \Howard Hanson Dam Emergency.DOC SH:ksn 10/16/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 19th (Monday) 20th (Tuesday) 21st (Wednesday) 22nd (Thursday) 23rd (Friday) 24th (Saturday) Transportation Parks Planning Puget Gnite Blood Center Commission, Commission, CANCELLED TUKWILA 5:30 PM (Work Session), BLOOD DRIVE (Community 6:00 PM Center) City Council 9:00 to 11:00 AM Chambers) Regular Mtg., 12:00 to 3:00 PM 7:00 PM (Auditorium at (Council Boeing Employees Joint City Chambers) Credit Union, Council/ 12770 Gateway Dr.) School Board For more information Meeting or to schedule an 6:00 to 8:00 PM appointment to (Community donate blood, Center) contact Mary at 206- 439 -5981 or e-mail mtoal®becu.org Library Advisory Board, 7:00 PM Finance Safety (Community Cmte, Center) 5:00 PM PLEASE NOTE (CR #3) SPECIAL MEETING DATE AND LOCATION. 26th (Monday) Community Utilities Cmte, COPCAB, Affairs Parks 2:00 PM 6:30 PM Cmte, Tentative Please (CR #5) 5:00 PM note special (CR #3) tweeting time City Council City Council Special Mtg. Executive (Work Session on Session, Shoreline Master 6:00 PM Program) (Council 3:00 to 7:00 PM Chambers) (Council Chambers) City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) C.O.W. TO BE IMMEDIATELY FOLLOWED BY A SPECIAL MEETING Upcoming Meetings Events OCTOBER 2009 27th (Tuesday) 28th (Wednesday) 29th (Thursday) Court Fami Fright Night 6:00 to 8:00 PM Tukwila Community Center FREE! (Nonperishable food items for the Tukwila Food Panay will be accepted at the door) Game booths, contests and haunted house! Hot dogs and chips available for $2.00. Parents must accompany their children. Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). WORK PARTY Tukwila Pond Wetland Buffer Enhancement 9:00 AM to NOON (West side of Andover Park West, south of Strander Blvd.) Call Tracy (206 768 -2822) or Sandra (206 -431 -3663) for more information. 30th (Friday) 31st (Saturday) Tukwila Int'1. Blvd. Action Crate's Trash Pickup Day 9:00 10:00 AM For location contact Rick at rick@forschler. org Sunday, November 1 (at 2:00 AM) Daylight Saving Time Ends City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. ➢COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206 -433- 7175). Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. Agenda items for 10/20/09 meeting (A) Resolution regarding non represented employee wage schedule. (B) MJ. Durkan lobbying services contract. (C) Authorization for transfer of Ands for additional budget reductions for 2009. (D) Budget process and deadlines. (5) Sales tax report. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2342. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 767 -2342 ➢Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206- 431 -3670. >Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. 10/19/09 meeting has been cancelled. >Tukwila Intl. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206- 433 -1812. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 41. Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 REGULAR C.O.W. October November 11th Veterans Day (City offices closed) 26th Thanksgiving (City offices closed) 27th —Day after Thanksgiving (City offices closed) 30 Fifth Monday of the month —no Council meeting scheduled 5 2 Special Presentation: Update on Literacy Source (Cat Howell) Public Hearine: Ordinance providing finding of facts regarding diversion facilities Unfinished Business: Ordinance providing finding of facts regarding diversion facilities 12 9 Special Issues: Ordinance forming LID 33 19 16 MEETING 3 REGULAR See agenda packet cover sheet for this week's agenda (October 19, 2009 Regular Meeting) Public Hearing: Ordinance forming LID 33 Unfinished Business: Ordinance forming LID 33 MEETING 4 C.O.W. 26 EXECUTIVE SESSION 6:00 PM Public Hearine: Resolution of intent to form Local Improvement District (LID) 33 for the purpose of improving urban access for the Southcenter area and setting a public hearing date to consider formation of the LID and superseding Resolution #1690 Special Issues: Resolution of intent to form LID 33 Budget and Capital Improvement Program (CIP) process COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING SPECIAL MEETING Unfinished Business: Resolution of intent to form LID 33 23 COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING