HomeMy WebLinkAboutReg 2010-02-16 COMPLETE AGENDA PACKET ILA w4 Tukwila City Council Agenda
o�� E ❖REGULAR MEETING
a J Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez
s Steve Lancaster, City Administrator Allan Ekberg Verna Seal
190 Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn
Tuesday, February 16, 2010; 7:00 PM Ord #2274 Res #1707
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL Introduction of new Police Officer Daniel Goff.
PRESENTATIONS
3. PROCLAMATIONS/ a. Confirm the re- appointment of Dennis Sivak to Position #1 on the Civil Pg.1
APPOINTMENTS Service Commission, with a term expiring 12/31/2015.
b. Confirm the appointment of Thomas McLeod to Position #4 on the Planning Pg.1
Commission, with a term expiring 3/31/2011.
4. CITIZEN At this time, you are invited to comment on items not included on this agenda (please
COMMENT limit your 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.
5. CONSENT a. Approval of Minutes: 2/1/10 (Regular).
AGENDA b. Approval of Vouchers.
c. Accept as complete the 2009 -2010 Overlay and Repair program with Pg.9
Lakeside Industries, Inc.; authorize release of retainage, subject to the
standard claim and lien release procedures (final cost of project, including
retainage: $1,573,719.61).
6. UNFINISHED a. Authorize the Mayor to sign a grant agreement with the Washington State Pg.15
BUSINESS Department of Commerce for energy upgrades to City facilities, in the
amount of $129,500.00.
b. An ordinance updating regulations regarding surface water management, as Pg.17
codified at Tukwila Municipal Code 14.30, "Surface Water Management."
c. An ordinance establishing new regulations regarding the stormwater sewer Pg.33
system, to be codified at Tukwila Municipal Code 14.31, "Illicit Discharge
Detection and Elimination."
d. Approval of the Farside Concept as the northbound site location for the Pg.41
Tukwila Transit Center and authorize staff to pursue grant funding options
through the Federal Transit Authority and the Bus Facilities Livability
Initiative.
e. An ordinance pledging the City's full faith and credit toward the payment of Pg.43
its share of debt service on refunding bonds to be issued by the Valley
Communications Center Development Authority.
7. NEW An ordinance relating to the preservation of industrial land within the City's Pg.47
BUSINESS manufacturing industrial center and establishing a six month moratorium on
the acceptance of applications for and issuance of land use, building and
development permits, business licenses and /or approvals for any change in use
for certain non industrial uses within the Manufacturing Industrial Center Zone.
8. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
9. MISCELLANEOUS
10. EXECUTIVE Pending litigation pursuant to RCW 42.30.110(1)(i); (30 minutes).
SESSION
11. 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.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address
clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments
to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate
action on comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is
given.
Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council
meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of
formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council
meetings.
Committee of the Whole Meetings: Council members are elected for a four -year term. The Council
president is elected by the Council members to preside at all Committee of the Whole meetings for a one-
year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues
discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during Citizen Comment. Please limit your comments to five minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same
as those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial or personnel
matters.
Public Hearings are required by law before the Council can take action of matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of
the Tukwila Municipal Code states the following guidelines for Public Hearings:
1.
2.
3.
PUBLIC HEARINGS
The proponent shall speak first and is allowed 15 minutes for a presentation.
The opponent is then allowed 15 minutes to make a presentation.
Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the spea
the question, but may not engage in further debate at this time.
6. After the Public Hearing is closed, the Council may discuss the issue among themselves without
further public testimony. Council action may be taken at this time or postponed to another date.
each. No one may speak a second
ker. Each speaker can respond to
CAS NUMBER:
SPONSOR'S
SUMMARY
ID 01(40
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by 1 Mayo reviev
02/16/10 1 bw 1
1 r'C
�C k3
ITEM; INFORMATION
ORIGINAL AGENDA DATE: FEBRUARY 16, 2010
AGENDA ITEM TITLE Re- Appointment to the Civil Service Commission and Appointment to the Planning
Commission.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 2/16/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Le n P&R Police n PW
Re- appointment of Dennis Sivak to Position #1 on the Civil Service Commission, term to
expire 12/31/2015. Appointment of Thomas McLeod to Position #4 on the Planning
Commission, term to expire 3/31/2011.
The Council is being asked to confirm the re- appointment and appointment.
RFVIEWI;D BY COW Mtg. n CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Confirm re- appointment and appointment
COMMITTEE
Fund Source:
Comments:
1 MTG. DATE
I 2/16/10
EXPENDTI"URE REQUIRED
MTG. DATE
2/16/10
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandums from Mayor dated 2/5/10
ITEM NO.
Transportation Cmte
Planning Comm.
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
2
City of Tukwila
INFORMATIONAL MEMORANDUM
TO: CITY COUNCIL
FROM: Mayor Haggerton
DATE: February 5, 2010
SUBJECT: REAPPOINTMENT TO CIVIL SERVICE COMMISSION
ISSUE
Jim Haggerton, Mayor
The term of Position #1 of the Civil Service Commission expired on December 31, 2009.
Commissioner Dennis Sivak has indicated that he would like to be reappointed.
DISCUSSION
I am pleased to recommend the following reappointment:
Position #1 (resident) Reappointment of Dennis Sivak, new term to expire 12/31/2015.
RECOMMENDATION
Forward to Regular City Council Meeting of February 16, 2010, for confirmation of Mr. Sivak's
reappointment.
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City of Tukwila
INFORMATIONAL MEMORANDUM
TO: CITY COUNCIL
FROM: Mayor Haggerton
DATE: February 5, 2010
SUBJECT: Appointment to Planning Commission
ISSUE
There is currently a vacancy in Position #4 (resident) on the Planning Commission.
DISCUSSION
I am pleased to forward to you the application of Thomas McLeod. Mr. McLeod has been
employed as a tax accountant for the past 15 years, and also served on the sign code
committee to help update policies and codes for Tukwila. Mr. McLeod will be filling the
remainder of the term that was vacated by Allan Ekberg, with a term to expire 3/31/2011.
RECOMMENDATION
Jim Haggerton, Mayor
Unless I hear otherwise from members of Council before February 10, I recommend forwarding
this to the Regular City Council Meeting of February 16, 2010, for confirmation of Mr. McLeod's
appointment.
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Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA 98188
3'l OF TUKWILA
CITY CLERK
I wish to be considered for appointment to the following board or commission:
Arts Commission
Equity and Diversity Commission
Civil Service Commission
Community- Oriented Policing Citizens Advisory Board (COPCAB)
Name:
Address:
Phone, Day:
School District Representative
Available to attend meetings:
City of Tukwila
APPLICATION FOR APPOINTMENT
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Night
Please check all that apply to you within the Tukwila City limits:
Present employer /occupation (if retired, please indicate former occupation):
BRtriti rht4 Unt4i,F 4 6,51E ALM:1 r1A_ ycC Fi
Occupational history/background: .t9viflut.q GS 4 TQ)c Act-4✓4- 4 ?aS l5 lea_ ..e 01519
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Professional/community activities (orgs., clubs, service groups, etc.): tr gsu
gat' t As5Av a' £vtvo1Led f r4 k C rat A F 14)
Hobbies /interests: b 1 kc� JO tun tee, l v o w
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Qualifications related to this position:
Application for Appointment 6/20/03
Lodging Tax Advisory Committee
Human Services Board
Library Advisory Board
Business Owner /Manager
Evenings Daytime
Q, S p e -I IAP L itV 0 t-T Lo a t.n
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Signature. ma 2
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Phone:
Park Commission
Sister City Committee
Other:
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Zip Code: ito'
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Resident
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Planning Commission
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If you have previously served on one of the above boards /commissions, please provide details: rr fr
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C.OdPS to
Describe why you are interested in serving on this board/commission /committee: J 444,, tyrt ev 1.%e 44,0 Vk_S1_LM
TuKw la 61,rd pciA+c e gvii v i r iteruL4 J le _e -4k k w :lk cleApeily
Date: lot '0 SS /2,.
Note: Upon submission, all information on this form becomes public record. For further clarification regarding this
application or more information regarding the boards or commissions, please call the Mayor's office at 206 -433 -1850.
209
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CAS NUMBER: a 1
MTG. DATE
1 02/16/10
MTG. DATE
1 02/16/10
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date J Prepared by Maypt,review J Council review
02/16/10 FM 1 BG 1
A"
l
ITEM INFORMATION
1 ORIGINAL AGENDA DATE: FEBRUARY 16, 2010
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 01/26/10
State of WA Dept of Revenue Notice of Completion 09 -101
Minutes from the Transportation Committee meeting of 02/01/10
ITEM No.
AGENDA I1'EMTITLE Accept as complete 2009/2010 Overlay Repair Program and release retainage
CATEGORY Dircurrion Motion Resolution fl Ordinance Bid Award
Public Hearing ❑Other
Mtg Date Mtg Date 02/16/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
I SPONSOR Council ['Mayor Adm Svcs DCD n Finance Fire Legal U P&R Police PWI
SPONSOR'S The contract with Lakeside Industries, Inc. of Covington, WA is complete for the
SUMMARY 2009/2010 Overlay Repair Program. This contract covered two years of overlay with 23
street segments. Construction began June 29, 2009 and was completed on December 4,
2009. Three change orders were issued for $79,665.81 and under -runs credited
$66,584.70. Council is being asked to accept and finalize the contract in the amount of
$1,573,719.61.
REVIEWED BY COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte
111 Utilities Cmte p] Arts Comm. 1 1 Parks Comm. Planning Comm.
DATE: 02/01/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMTl"1'EE Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$1,573,719.61 $1,794,733.50 $0.00
Fund Source: 104.02 ARTERIAL STREET FUND (PG. 20, 2010 CIP)
Comments:
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TO:
Mayor Haggerton
Transportation Committe
FROM: Public Works Director
DATE: January 26, 2010
SUBJECT: 2009/2010 Overlay Repair Program
Project No. 09 -RW01, Contract 09 -101
Project Completion and Acceptance
ISSUE
Accept contract as complete and authorize for release of the retainage bond.
BACKGROUND
The Notice to Proceed for Contract No. 09 -101 with Lakeside Industries, Inc of Covington,
Washington, was issued on June 29, 2009 for construction of the 2009/2010 Overlay Program.
Project 09 -RWO1 provided roadway repairs and overlays on 23 street segments in the City. The
construction was physically completed on December 4, 2009.
ANALYSIS
City of Tukwila
INFORMATIONAL MEMORANDUM
Jim Haggerton, Mayor
Three change orders were issued during construction and involved various items that totaled
$79,665.81. Change Order No. 1 was required to obtain a special railroad permit and insurance.
Change Order No.2 provided the replacement of 321 feet of curb, gutter, and sidewalk on East
Marginal Way, which had settled and was uneven. Change Order No. 3 replaced 18
handicapped /sidewalk ramps and added truncated domes along East Marginal Way that were
determined to not be in compliance with current standards of the Americans with Disabilities Act
(ADA) guidelines.
Under -runs were due, but not limited to; less utility adjustments; less traffic control measures;
less materials such as gravel, concrete and paving; and non -use of gravel borrow, for a total
credit of $66,584.70. The budget for this contract with a 15% contingency was $1,794,733.50.
Contract Award Amount
Change Order Nos. 1 3
Unit Price Under -runs
Sales Tax (N /A Rule 171
Total Amount Paid
$1,560,638.50
79,665.81
(66,584.70)
0.00
$1 .573.71 9.61
RECOMMENDATION
The Committee is being asked for formal acceptance and retainage bond release authorization,
subject to standard claim and lien release procedures, for the contract with Lakeside Industries,
Inc. in the amount of $1,573,719.61, and consider this item at the February 16, 2010 Regular
Consent Agenda.
Attachment: Dept of Revenue Notice of Completion
W' \PW Eng \PROJECTS\A- RW RS Projects \09RW01 2009 -10 OverlaylLakeside1INFO MEMO Closeout 1- 26- 10.doc
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From:
State of Washington
Department of Revenue
111111111, PO Box 47474
VENUE Olympia WA 98504 -7474
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Description of Contract
2009/2010 Overlay Program Project 09 RWO1
Contractor's Name
Lakeside Industries, Inc.
Contractor's Address
18808 Se 257 Street Covington, WA 98042
Date Work Commenced Date Work Completed
6/29/09 12/4/09
Surety or Bonding Company
Travelers Casualty and Surety Company of America
Agent's Address
2233 112 Ave NE, Bellevue, WA 98004
Comments:
Retainage Bond
Finance Approval
Contractor's Registration No. (UBI No.) 601 106 847
Date 1/27/10
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
ante Address of Enblic:Agency
Notice is hereby given relative to the completion of contract or project described below
Contract Amount
Additions
Reductions
Sub -Total 1,573,719.61
Amount of Sales Tax Paid at 0.0 0.00
(If various rates apply, please send a breakdown.)
TOTAL 1,573,719.61
1,560,638.50
79,665.81
66,584.70
Date Assigned
Signature
Type or Print Naive Diane Jaber
Phone Number 206 433 -1871
Departtentj.Jse Only
Assigned To
Amount Disbursed
Amount Retained
isbursxng.Officer
Contract Number
09 101
Telephone Number
253 631 3611
Date Work Accepted
Liquidated Damages
1,573,719.61
0.00
TOTAL 1,573,719.61
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate fonnat for the visually impaired, please call (360) 753 -3217. Teletype
(Ty) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov.
REV 31 0020e (6- 27 -01)
TRANSPORTATION COMMITTEE
Meeting Minutes
February 1, 2010 5:00 p.m. Conference Room 1
PRESENT
Councilmembers: Verna Seal, Chair; Joan Hernandez, De'Sean Quinn
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Shawn Hunstock, Lisa Verner, and Gail Labanara
CALL TO ORDER: The meeting was called to order at 5:03 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. 2009/2010 Overlay Repair Program Completion Acceptance
Staff is seeking full Council approval for formal project completion, acceptance and release of the retainage
bond to Lakeside Industries, Inc. for the 2009/2010 Overlay Repair Program.
Three change orders were issued during this project for $79,665.81 and under -runs credited $66,584.70 for
a total contract amount of $1,573,719.61 (under the $1,794,733.50 budget). UNANIMOUS APPROVAL.
FORWARD TO FEBRUARY 16 CONSENT AGENDA.
B. 2010 Transportation Stimulus Funds
As an information only item, staff has submitted the Tukwila Urban Center Access (Klickitat) and
Southcenter Pkwy Extension Projects to the King County Project Evaluation Committee for the second
round of Economic Stimulus Project Prioritization funds for 2010. Only projects that are ready and /or
nearly ready to advertise for bids within 90 days of March 1, 2010, will qualify for the application.
Southcenter Pkwy is on schedule to advertise for bids on February 25 and start construction in May.
INFORMATION ONLY.
C. City Council Pre Retreat Budget Review
The Committee reviewed the 2009 -2010 Biennial Budget pages as listed below in preparation of the
upcoming Council Retreat.
1 Monday, February 1, 2010 1 BUDGET PAGES 1
1 Residential Street Fund 147 1
Arterial Street Fund 1 148 -150
III. MISCELLANEOUS
Meeting adjourned at 5:34 p.m.
Next meeting: Tuesday, February 16, 2009 5:00 p.m. Conference Room 1
Committee Chair Approval
Min es b GL. Reviewed by KAM.
City of Tukwila
Transportation Committee
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}CAS NUMBER:
CATEGORY
!SPONSOR
SPONSOR'S
SUMMARY
REVIEWED BY
MTG. DATE
2/8/10
2/16/10
1 i 0 I
Meetini Date
02/08/10
02/16/10
COUNCIL AGENDA SYNOPSIS
Prepared by
BM
BM
AGENDA ITEM TITLE Acceptance of Energy Grant Award
Discussion Motion Resolution
Mtg Date 02/08/10 Mtg Date 02/16/10 Mtg Date Mtg Date
Initials
Mays -r w
Council review
)th
iJLQ
ITEM INFORMATION
ORIGINAL AGENDA DATE: FEBRUARY 8, 2010
MTG. DATE 1 RECORD OF COUNCIL ACTION
2/8/10 Forward to the Next Regular Meeting
2/16/10
ITEM No.
Ordinance Li Bid Award Public Hearing n Other
Mtg Date Mtg Date Mtg Date
Council Mayor Adm Svcs n DCD Finance Fire Legal n P&'R n Police PW
The City has received preliminary grant approval from the Washington State Department
of Commerce to complete energy upgrades to City Hall, 6300 Building, Fort Dent Park and
the TCC. The total grant award is 129,500. The City is required to provide a match of
$10,000. After the work is completed it is estimated that the City will reduce its electrical
consumption by a total of 370,000 kWh and that CO2 emissions from the City will be
reduced by 210 tons annually.
COW Mtg. n CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte n Arts Comm. n Parks Comm. Planning Comm.
DATE: 2/2/2010
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
CAST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$10,000 $58,000
Fund Source: GREEN INITIATIVES, MAYOR'S OFFICE
Comments: The match may be staff hours in lieu ofa cash match,
APPROPRIATION REQUIRED
ATTACHMENTS
Informational Memo dated 2/2/10, from Steve Lancaster, Tukwila Green Team Chair
City Council Resolution 1649
Copy of Grant Application
Minutes from the Finance and Safety Meeting of 2/2/10
No Attachments
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CAS NUMBER:
ID- C,i 1
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date 1 repared by 1 Mayo review 1 _calm review 1
02/08/10 -h BG
02/16/10 w' BG f .e A,
ITEM INFORMATION
ORIGINAL AGENDA DATE: FEBRUARY 8, 2010
AGENDA ITEM TITLE Ordinance to update TMC Chapter 14.30 Surface Water Management
CATEGORY Discussion Motion Resolution Ordinance Bid Award n Public Hearing Other
Mtg Date 02/08/10 Mg Date Mtg Date Mtg Date 02/16/10 Mtg Date Mtg Date Mtg Date
SPONSOR n Council Mayor Adm Svcs n DCD Finance Fire Legal P&R Li Police Pi/
SPONSOR'S This ordinance will update the Surface Water Management regulations in TMC Chapter
SUMMARY 14.30 per the National Pollutant Discharge Elimination System (NPDES). NPDES requires
that the City adopt the requirements by February 15, 2010. This ordinance will adopt the
2009 King County Surface Water Design Manual for regulations that include detention,
water quality, and maintenance standards for proposed developments.
REVIEWED BY
Fund Source:
Comments:
MTG. DATE
02/08/10
EXPENDITURE REQUIRED
$0.00
02/16/10
MTG. DATE
02/08/10
02/16/10
COW Mtg.
Utilities Cmte
Ordinance in Final Form
CA &P Cmte
Arts Comm.
$0.00
F &S Cmte
0 Parks Comm.
RECORD OF COUNCIL ACTION
Forward to the Next Regular Meeting
$0.00
ITEM No.
Transportation Cmte
Planning Comm.
DATE: 01/12/10 1/26/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT/ FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
ATTACHMENTS
Informational Memorandum dated 01/06/10 (revised after UC for Council dates only)
Drainage Basin Map
Draft Ordinance
Minutes from the Utilities Committee meeting of 01/12/10 1/26/10
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, UPDATING REGULATIONS REGARDING SURFACE
WATER MANAGEMENT; REPEALING ORDINANCE NO. 2064, AS
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.30, "SURFACE
WATER MANAGEMENT PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Federal Clean Water Act requires protection of water quality
through implementation of water quality protection measures; and
WHEREAS, the National Pollutant Discharge Elimination System (NPDES),
administered by the Environmental Protection Agency (EPA), is one of the primary
mechanisms for achieving the objectives of the Federal Clean Water Act; and
WHEREAS, the EPA has delegated responsibility to administer the NPDES permit
program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the
Department of Ecology's authority and obligations in administering the program; and
WHEREAS, the City of Tukwila "City is regulated under the Washington State
Department of Ecology's Western Washington Phase II Municipal Stormwater Permit
(the "Permit and
WHERAS, the Permit extends the coverage of the NPDES permit program to certain
"small" municipal separate stormwater sewer systems (MS4), some of which are located
within the City of Tukwila; and
WHEREAS, stormwater management procedures established in 2004 by City of
Tukwila Ordinance No. 2064 no longer effectively address the surface water
management requirements outlined above; and
WHEREAS, the City Council deems it to be in the best interest of public safety,
health and welfare for its citizens to enact the new surface water regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations established. New surface water management provisions, to
be codified at Tukwila Municipal Code (TMC) Chapter 14.30, are hereby established to
read as follows:
14.30.010 Authority.
A. The Public Works Director shall administer TMC Chapter 14.30. The Director's
authority includes the establishment and publication of regulations and procedures to
supplement and implement this Chapter, approval of permits and exceptions, and
enforcement and implementation of measures necessary to carry out the intent of TMC
Chapter 14.30. Such regulations and procedures shall be incorporated within Chapter 5
of the Public Works Infrastructure and Design and Construction Standards, as
amended, revised or re- adopted from time to time and hereinafter known and referred
to as the Public Works Surface Water Regulations and Procedures.
W: \Word Processing \Ordinances \Surface Water Management Chapter 14.30.doc
GV:ksn 2/9/2010
Page 1 of 14
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B. The Public Works Director may initiate all required actions to prevent or stop
acts or intended acts of an applicant or other person that constitute a hazard to life or
safety; endangered property; or adversely affect the safety, use or stability of a public
way, surface water, a conveyance system or a sensitive area or buffer.
C. If the Director determines that a person engaged in an activity that could or does
negatively affect surface water has failed to comply with City code or with approved
surface water plans and /or other permit conditions, the Director may implement any or
all of the following enforcement actions:
1. Suspend or revoke without written notice any surface water permit issued by
the City, when the Director determines an immediate danger to life, safety or property
exists in a downstream area or adjacent property.
2. Serve a written notice of violation upon that person by registered or certified
mail or personal service. The notice shall set forth the measures necessary to achieve
compliance, specify the time to commence and complete corrections and indicate the
consequences for failure to correct the violation.
3. Suspend or revoke any surface water permit issued by the City after written
notice is given to the applicant for any of the following reasons:
a. Any violation(s) of the conditions of the surface water permit;
b. Changes in site runoff characteristics upon which a permit or exception
was granted;
c. Construction not in accordance with the approved plans; or
d. Non compliance with correction notice(s) or "stop work" order(s) issued
for the construction of temporary or permanent stormwater management facilities.
4. Post a "stop work" order at the site directing that all activities that could
affect surface water or a conveyance system cease immediately. The "stop work" order
may include any discretionary conditions and standards adopted in TMC 14.30.070 that
must be fulfilled before any work may continue.
14.30.020 Purpose. The provisions of TMC Chapter 14.30 shall be liberally construed
to accomplish the following purposes:
1. Promote sound development policies and procedures that protect and
preserve the City's water courses, groundwater and surface water infrastructure;
2. Protect surface water conveyance systems and receiving waters from
pollution, mechanical damage, excessive flows and other conditions that increase
erosion and /or turbidity, siltation and other pollution, or that will reduce groundwater
recharge or endanger aquatic and benthic life within surface waters and receiving
waters within the State;
3. Meet the requirements of State and federal law;
4. Fulfill the City's responsibilities as trustee of the environment for future
generations;
5. Promote the health, safety and welfare of the public;
6. Protect private and public property from drainage- related damage;
7. Promote site planning and construction practices that are consistent with
natural topographical, vegetative and hydrological conditions; and
8. Preserve and enhance the suitability of water bodies for recreation and
wildlife habitat.
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14.30.030 Definitions. Unless specifically defined below, words or phrases used in
TMC Chapter 14.30 shall be interpreted using the meaning they have in common usage
and to give TMC Chapter 14.30 its most reasonable application; provided that words or
phrases not defined herein that are defined in the City of Tukwila Surface Water Design
Manual or Stormwater Pollution Prevention Manual, shall have the meaning given
therein.
1. "Applicant" means any person, governmental agency or other entity that
executes the necessary forms to procure official approval of a project or a permit to
carry out construction of a project. Applicant also means any person, governmental
agency or other entity that is performing or plans to perform permitted work within the
City.
2. "Approval" means proposed work or completed work conforming to TMC
Chapter 14.30 as approved by the Director.
3. "Best Management Practice" means those practices which provide the best
available and reasonable physical, structural, managerial or behavioral activity to
reduce or eliminate pollutant loads and/or concentrations leaving a site.
4. "City" means the City of Tukwila or the City Council of Tukwila.
5. "Comprehensive Surface Water Management Plan" means a plan adopted by
the City Council to guide the physical growth and improvement of the City and urban
growth management area, including any future amendments and revisions.
6. "Conveyance system" means natural and man -made drainage features that
collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter
surface water. Natural drainage features include swales, streams, rivers, lakes and
wetlands. Man -made features include gutters, ditches, pipes and detention /retention
facilities.
7. "Critical drainage area" means an area, as determined by the City, needing
additional controls to address flooding, drainage, and /or erosion conditions that pose
an imminent likelihood of harm to the welfare and safety of the surrounding
community.
8. "Development" means any man -made change of improved or unimproved
real estate; the construction, reconstruction, conversion, structural alteration, relocation
or enlargement of any structure; any mining, excavation, landfill, clearing or land
disturbance; or any use or extension of the use of land.
9. "Director" means the Director of Public Works or his or her designee.
10. "Drainage review" means an evaluation by the City to determine compliance
with the City's standards and adopted Surface Water Management Manual.
11. "Erosion" means detachment and transport of soil or rock fragments by
water, wind, ice, etc.
12. "Illicit discharge" means all non surface water discharges to surface water
conveyance systems that cause or contribute to a violation of State water quality,
sediment quality or ground water quality standards. These discharges include sanitary
sewer connections, industrial process water, interior floor drains, car washing and grey
water systems.
13. "Low impact development" means use of innovative or creative approaches
to site design, using methods such as retention of natural vegetation, significant
reduction of effective impervious surface, enhanced infiltration and changes in
traditional site features such as roads and structures to achieve dramatically reduced
or zero drainage discharge from the site after development.
14. "Plans" means the plans, profiles, cross sections, elevations, details and
supplementary specifications, showing the location, character, dimensions and details
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of the work to be performed. These plans are approved by the Public Works Director
and are usually signed by a registered professional engineer licensed in the State of
Washington.
15. "Pollutant" means anything which causes or contributes to pollution.
Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and
other automotive fluids; non hazardous liquid, solid waste and yard waste; refuse,
rubbish, garbage, litter or other discarded or abandoned objects, ordnance and
accumulations, so that same may cause or contribute to pollution; floatables; pesticides,
herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and
pathogens; dissolved and particulate metals; animal waste; waste and residue that
results from constructing a building or structure; and noxious or offensive matter of any
kind.
16. "Pollution" means contamination or other alteration of the physical, chemical,
or biological properties of waters of the State that will or is likely to create a nuisance or
render waters harmful, detrimental or injurious 1) to public health, safety or welfare, or
2) to domestic, commercial, industrial, agricultural, recreational or other legitimate
beneficial uses, or 3) to livestock, wild animals, birds, fish or other aquatic life.
Contamination includes discharge of any liquid, gas or solid radioactive or other
substance. Alteration includes temperature, taste, color, turbidity or odor.
17. "Project" means activity encompassing all phases of the work to be
performed and is synonymous to the term "improvement" or "work."
18. "Runoff" means water originating from rainfall and other precipitation that is
found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands,
as well as shallow groundwater and that portion of precipitation that becomes surface
flow and interflow.
19. "Sediment" means fragmented material originating from weathering and
erosion of rocks or unconsolidated deposits, which is transported by, suspended in or
deposited by water.
20. "Sedimentation" means the deposition or formation of sediment.
21. "Single- family residence" means a project that constructs or modifies one
single family dwelling unit and/ or makes related on -site improvements, such as a
driveway, outbuildings or play courts.
22. "Surface water plan" means a set of drawings and documents submitted as
prerequisite to obtaining a development permit.
23. "Stormwater" means surface water.
24. "Stormwater drainage system" means conveyance system.
25. "Surface flow" means flow that travels overland in a dispersed manner (sheet
flow) or in natural channels or streams or constructed conveyance system.
26. "Surface Water" means that portion of precipitation that does not naturally
percolate into the ground or evaporate, but flows via overland flow, interflow channels
or pipes into a natural drainage system, a surface water conveyance system or into a
constructed surface water facility.
27. "TMC" means the Tukwila Municipal Code.
28. "Typical" means the guidelines that shall be followed unless the Director
approves an exception.
29. "Water body" means a creek, stream, pond, wetland, lake or river.
30. "Watershed" means a geographic region within which water drains into a
particular river, stream or water body as identified and numbered by the State of
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Washington Water Resource Inventory Areas (WRIAs) as defined in the Washington
Administrative Code.
14.30.040 Applicability. TMC Chapter 14.30 applies to all development activities
occurring within the City limits that could affect surface water.
14.30.050 Compliance.
A. TMC Chapter 14.30 contains minimum requirements. The requirements do not
replace, repeal, abrogate, supersede or affect any other more stringent requirements,
rules, regulations, covenants, standards or restrictions. Where TMC Chapter 14.30
imposes requirements that provide more protection to human health or the
environment, the requirements of TMC Chapter 14.30 shall prevail.
B. Approvals and permits granted under TMC Chapter 14.30 do not imply waiver
of other laws and regulations, nor do they indicate compliance with other laws and
regulations.
C. Compliance with the minimum standards and requirements set forth in TMC
Chapter 14.30 and related regulations, standards and manuals adopted by the City does
not necessarily mitigate all impacts to human health and the environment. In such
cases, the applicant must implement additional mitigation to protect human health and
the environment.
D. City departments shall comply with all the requirements of TMC Chapter 14.30,
with the exception of obtaining permit and approvals from the City for works
performed in the public rights -of -way, or for operation and maintenance activities by
the Department of Parks and Recreation.
E. Unless otherwise required by law, in the event of a conflict or inconsistency
between a standard or requirement of this chapter and a standard or requirement of the
Public Works Surface Water Regulations and Procedures, the SWDM, the DOE SWDM
or the SPPM, this chapter shall control to the extent of the conflict or inconsistency;
provided that, if a requirement or standard of the Public Works Surface Water
Regulations and Procedures, SWDM, DOE SWDM or SPPM, is more restrictive, i.e.,
provides more protection to human health or the environment, then the more restrictive
requirement or standard shall control. For example, if a particular core requirement
exemption allowed under the SWDM is not allowed pursuant to the Public Works
Surface Water Regulations and Procedures, the more restrictive standard of the Public
Works Surface Water Regulations and Procedures will apply.
14.30.060 Standards. All development activities within the City shall be undertaken
in accordance with the following minimum standards, except that depending on a
project's possible impact to public and environmental health and safety, the Director
may require stricter standards:
1. The City's National Pollutant Discharge Elimination System (NPDES) perrnit.
2. The 2009 King County Surface Water Design Manual (hereafter known and
referred to as "KCSWDM attached hereto as "Exhibit A" (or in the alternative) as
filed in the City Clerk's Office, is hereby adopted by reference as the City of Tukwila
Surface Water Design Manual and, together with the amendments thereto as set forth in
this section, shall be known and referred to as the Surface Water Design Manual or the
SWDM. The Director will review subsequent amendments to the KCSWDM and will
make recommendations to the City Council for adoption as needed and as applicable,
or will adopt and implement necessary administrative regulations and /or procedures
pursuant to the Director's authority under TMC Section 14.30.010(A).
3. The Department of Ecology 2005 Stormwater Management Manual for
Western Washington, hereafter known and referred to as the "DOE SWDM," may be
used for project design for multi- jurisdictional development projects wherein a
substantial and material portion of the development project will take place outside of
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the jurisdictional boundaries of the City and will be required by a permitting authority
to comply with the standards set forth in the DOE SWDM; provided that the Public
Works Director approves of the DOE SWDM based upon a finding that application of
differing standards set forth in the SWDM and the DOE SWDM will create a hardship
for the applicant, and that approval of use of the DOE SWDM will not result in
requirements that are less restrictive than the SWDM or otherwise inconsistent with the
purpose of this chapter.
4. The 2009 King County Stormwater Pollution Prevention Manual, hereafter
known and referred to as KCSPPM," attached hereto as Exhibit B (or in alternative) as
filed in the City Clerk's Office, is hereby adopted by reference as the City of Tukwila
Stormwater Pollution Prevention Manual and, together with the amendments thereto as
set forth in this section, shall be known and referred to as the Stormwater Pollution
Prevention Manual or the "SPPM." The Director will review subsequent amendments
to the KCSPPM and will make recommendations to the City Council for adoption as
needed and as applicable, or will adopt and implement necessary administrative
regulations and /or procedures pursuant to the Director's authority under TMC Section
14.30.010(A).
5. The Public Works Surface Water Regulations and Procedures.
6. Development design and construction shall meet all of the applicable
standards and codes, recommendations in specific reports, such as the geo- technical
report and the Technical Information Report, and design criteria contained in the
Comprehensive Surface Water Management Plan or Drainage Basin Plans.
7. Unless the context indicates otherwise, the following terms and phrases, as
used in the SWDM or the SPPM, shall have the meaning or reference given.
Table 14.1 Tukwila Terminology Equivalents to King County Terminology
King County Term
1 Term does not apply.
Critical Drainage Area means an area as determined by
the City needing additional controls to address flooding,
drainage and/ or erosion condition that poses an
imminent likelihood of harm to the welfare and safety of
the surrounding community.
City of Tukwila Department of Community
Development.
City of Tukwila Department of Community
Development.
1 City of Tukwila Public Works Director.
1 City of Tukwila.
City of Tukwila Infrastructure Design and Construction
Standards and the requirements of the City of Tukwila
Transportation Department and Surface Water Utility as
applicable.
Water and Land City of Tukwila Public Works.
Resource Division
Zoning These zoning classifications are intended for areas
Classifications: outside the Urban Growth Boundary; therefore the City
Agriculture (A); of Tukwila contains no equivalent zoning. Refer to City
Forest (F); Rural (Z) of Tukwila zoning maps and designations.
1 Other terms used in the KCSWDM to reference other King County staff or
departments shall also refer to the City of Tukwila Department of Community
Development.
1 Agricultural Project
Critical Drainage
Area
DDES
DNRP
Director
King County
King County Road
Standards
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8. All references in the SWDM or the SPPM to the following King County codes,
or any section thereof, shall be replaced by reference as indicated in Table 14.2 to the
applicable code and comparable section thereof.
Table 14.2 Tukwila Municipal Code Equivalent to King County Codel
King
County Code
(KCC)
KCC 2.98
KCC 16.82
BUILDING AND
CONSTRUCTION
STANDARDS
Clearing and Grading
KCC 21A.14 Development Standards
Design Requirements
KCC 21A.24 Critical Areas
KCC 21A.06 Technical Terms and
Land Use Definitions
KCC 20.14 Basin Plans
KCC 25 Shoreline Management
Surface Water
Management
General Provisions
Surface Water Runoff
Policy
KCC 9.08 Surface Water
Management Program
KCC 9.12 Water Quality
KCC 9.14 Groundwater
Protection
KCC 9
KCC 9.02
KCC 9.04
King County Map or
Designation
Coal Mine Hazard Areas
Map
Landslide Hazard Area
and Landslide Drainage
Areas Map
Water Quality
Applications Map
Description
Critical Drainage Areas
Tukwila
Municipal
Code (TMC)
TMC 14.30
TMC 16.54
TMC 14.30
TMC 18.45
TMC 18.08
TMC 14.30
TMC 18.44
TMC 14.30
TMC 18.45
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Description
WATER AND SEWER
Stormwater Management
BUILDING AND
CONSTRUCTION
Grading
WATER AND SEWER
Stormwater Management
ZONING
Environmentally
Sensitive Areas
ZONING Districts
Established Map
WATER AND SEWER
Stormwater Management
ZONING Shoreline
Overlay District
WATER AND SEWER
Stormwater Management
ZONING
Environlnentally
Sensitive Areas
IThis table identifies the main City municipal code chapters that contain
information /requirements for the City where the SWDM references the King
County code. There may be other instances where other City code chapters
also apply.
9. All references in the SWDM and SPPM to the following maps shall be
replaced by reference as indicated in Table 14.3.
Table 14.3 Tukwila Maps Equivalent to King County Maps or Designation
City of Tukwila Map or Designation
Maps delineating landslide areas, steep slopes and
coal mine hazard areas within Tukwila are
available at the Department of Community
Development service desk.
Maps delineating landslide areas, steep slopes and
coal mine hazard areas within Tukwila are
available at the Department of Community
Development service desk.
Not applicable.
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Aquatic areas (as defined
in KCC 21A.06)
Wetlands (as defined in
KCC 21A.06)
Seismic Hazard Areas
Flood Hazard Area (as
defined in KCC 21A.06)
Steep Slope Hazard Area
(no map referenced in the
KCSWDM)
Critical Aquifer Recharge
Area (as defined in KCC
21A.06)
Wildlife Habitat
Conservation Area (as
defined in KCC 21A.06)
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Maps delineating stream and wetland types and
their associated buffers within Tukwila are
available at the Department of Community
Development service desk.
Maps delineating stream and wetland types and
their associated buffers within Tukwila are
available at the Department of Community
Development service desk.
Defined and regulated through the Washington
State Building Code.
Flood Insurance Rate Maps available from the
Public Works Department and the areas marked
on those maps with an A or V.
Maps delineating landslide areas, steep slopes and
coal mine hazard areas within Tukwila are
available at the Department of Community
Development service desk.
Not applicable.
Fish and wildlife habitat conservation areas will
be regulated through TMC Chapter 18.44,
Shoreline Overlay District and the regulations in
TMC Chapter 18.45 related to wetlands and
watercourses.
Wildlife Habitat Networks No equivalent.
(as defined in KCC
21A.06)
All references in the SWDM to the Stormwater Pollution Prevention Manual
shall mean and refer to the SPPM as adopted by the City of Tukwila pursuant
to this Chapter 14.30 of the Tukwila Municipal Code.
All references in the SPPM to the Stormwater Design Manual shall mean and
refer to the SWDM as adopted by the City of Tukwila pursuant to this Chapter
14.30 of the Tukwila Municipal Code.
The definition of Critical Drainage Area in Chapter 1 of the SWDM is amended
by striking "by administrative rule under the procedures specified in KCC
2.98."
The reference in Section 1.1.2.4 of the SWDM to Urban Planned Development
shall mean and refer to the equivalent such designation under the City of
Tukwila Comprehensive Plan as determined by the City of Tukwila
Community Development Director.
The note following the third sentence of Section 1.1.3 of the SWDM is stricken.
The last paragraph of Section 1.1.4 beginning with "Additional mitigation" is
stricken.
The reference in Section 1.2.2 at paragraph 2 of the SWDM to KCC 21A.24.110
shall mean and refer to the applicable provision of Title 19 of the Tukwila
Municipal Code.
All references to Critical Area Review in the SWDM and the SPPM shall mean
and refer to Critical Area Review pursuant to Title 18 of the Tukwila Municipal
Code.
References in the SWDM and SPPM to Chapter 16.82 of the King County Code
shall mean and refer to the clearing and grading provisions of Title 16 of the
Tukwila Municipal Code.
Subsection F of Section 1.2.4.3 of the SWDM is omitted.
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The reference in Section 1.2.7 to King County Ordinance 12020 shall mean and
refer to the financial guarantee requirements of the applicable provisions of the
Tukwila Municipal Code or the Public Works Surface Water Regulations and
Procedures.
Section 1.4.4 of the SWDM is stricken and replaced with the following:
All variances "Adjustments from Chapter 14.30 of the TMC, the SWDM and
the SPPM shall be governed by the procedures, standards and requirements set
forth in Chapter 18.72 of the Tukwila Municipal Code, as it now exists or may
hereafter be amended.
The reference in Section 1.4.5 of the SWDM to KCC 20.20 shall mean and refer
to the applicable provisions of Title 18 of the Tukwila Municipal Code.
References to offices of King County shall mean and refer to the equivalent
offices of the City of Tukwila.
Except when the context indicates otherwise, references in the SWDM and the
SPPM to specific codes or sections of codes of King County, such as the King
County critical areas code, shoreline management code, clearing and grading
code, and road standards, shall mean and refer to the equivalent codes or
sections of codes of the City of Tukwila.
14.30.070 Permits.
A. The application for and issuance of a surface water /storm drainage permit
constitutes the administrative mechanism for the enforcement of the provisions
contained herein. Such permits shall be non transferable without approval of the Public
Works Director and shall be limited to the specific activities for which they are granted.
B. Activities that trigger drainage review pursuant to the Surface Water Design
Manual require a permit. Permit application shall be made to the City's permit center.
C. All plans, drawings and calculations shall be prepared, stamped, signed and
dated by a registered professional engineer, licensed in the State of Washington. A
single family residence that is not in a sensitive area and does not trigger drainage
review may be exempt from this requirement.
D. The submittals for the permit must meet or exceed the minimum criteria in the
Surface Water Design Manual and the City's Development Guidelines and Design and
Construction Standards. The Director may require additional submittals to those
described therein.
E. Any significant changes to the approved plans or specifications of a permitted
project require a revision submittal to the City for approval before the changes are
implemented.
14.30.080 Stormwater Drainage System Maintenance and Inspection Requirements.
A. All Stormwater Drainage Systems. All public and private stormwater drainage
systems providing permanent stormwater treatment and /or flood control shall be
inspected and maintained in accordance with the standards contained in the Surface
Water Design Manual. The following are additional minimum standards for the
maintenance of all stormwater drainage systems:
1. All stormwater treatment and flow control components of stormwater
drainage systems shall be inspected annually, but the frequency of such inspections
may be reduced based on inspection records. Owners of private stormwater drainage
systems shall be responsible for maintenance, inspection and corrections. The City will
perform periodic inspections of these same stormwater drainage systems.
2. When an inspection identifies an exceedance of the maintenance standard,
maintenance shall be performed by the owner or person in control of the stormwater
drainage systems within the following time period:
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a. Within one year for wet pool facilities, infiltration facilities, and detention
facilities including detention pipes, ponds and valves;
b. Within six months for routine maintenance operations;
c. Within nine months for maintenance requiring re- vegetation; and
d. Within two years for maintenance that requires capital construction of less
than $25,000.00.
3. The Director or his or her designee may order corrective maintenance to
occur within a specific time period.
4. The Director has unlimited access at all reasonable tunes to any property
whenever the Director has reasonable cause to believe violations of TMC Chapter 14.30
are present or operating on a subject property, whenever necessary to make an
inspection or perform activities to enforce any provisions of TMC Chapter 14.30,
whenever necessary to monitor proper function of drainage facilities or whenever the
condition of a surface water system presents imminent hazard
5. When the City has given a stormwater drainage system owner or person in
control prior notification and the owner or person in control has failed to maintain such
stormwater drainage system or when conditions make it impossible to give prior notice,
the City may perform the required maintenance or repairs with the cost of said work
assessed as a lien against the properties responsible for the maintenance. This action
shall be in addition to any other enforcement provisions provided in TMC Chapter
14.30.
6. Maintenance of private stormwater drainage systems and implementation of
best management practices are the responsibility of the owners and persons in control
of the stormwater drainage systems.
7. If the property owner(s) or person in control does not maintain the
stormwater drainage system as prescribed in the approved maintenance schedule, the
Director may issue a written notice specifying the required actions and setting a time
frame for completion of the specified actions. If these corrective actions are not
performed in a timely manner, the City or a private contractor hired by the City may
enter the property to perform the actions and bill the property owner(s) and /or person
in control for the cost of the work. In the event the Director determines a hazard to
public safety exists, written notice is not required.
B. New Facilities.
1. For privately -owned stormwater drainage systems, the applicant shall
provide a monitoring and maintenance schedule for the life of each stormwater
drainage system or component thereof or best management practice resulting from the
development. At a minimum, the schedule shall describe the maintenance activities,
spell out the frequency for each activity and state who performs and who pays for each
activity.
2. The monitoring and maintenance schedule shall provide unlimited access, at
all reasonable times, to the stormwater drainage systems for inspection by the Public
Works Department.
3. The Director shall review and approve the monitoring and maintenance
schedule before the applicant records the schedule with King County Records.
4. Owners of projects distributing over one acre must maintain records of
facility inspections and maintenance actions. Records shall be retained for a period of at
least ten years. These maintenance records are to be provided to the City upon request.
5. For new residential developments in excess of 1 acre, additional inspections
are required of all new flow control and water quality treatment facilities, including
catch basins, every six months during the period of heaviest residential construction
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(i.e., 1 to 2 years following subdivision approval) to identify maintenance needs and
enforce compliance with maintenance standards as needed. The City will perform
periodic inspections of these same stormwater drainage systems.
14.30.090 Special Drainage Fee. When the City accepts stormwater drainage system
infrastructure that requires upkeep in excess of normal maintenance, the City has the
right to charge the benefiting parties a special drainage fee in addition to the City's
normal surface water charge, as condition of turnover, in order to cover costs for this
maintenance.
14.30.100 Inlet Marking.
A. All new inlets and catch basins, public or private, shall be marked "No Dumping!
Drains to Stream."
B. Existing inlets and catch basins, in areas being resurfaced or when being
modified or replaced, shall be marked "No Dumping! Drains to Stream."
C. The marking shall meet the standard in the City's Development Guidelines and
Design and Construction Standards.
14.30.110 Financial Guarantees.
A. The Public Works Director may require from the applicant a surety, cash bond,
irrevocable letter of credit or other means of financial guarantee acceptable to the City,
prior to approving the permit.
B. The amount of the financial guarantee shall not be less than the total estimated
construction cost of all interim and permanent stormwater control facilities and shall
not be fully released without final inspection and approval of completed work by the
City.
C. For developments that may involve a risk of property damages or possible
hazards, the Public Works Director may require the provision of financial guarantee
(bond, note, letter of credit, etc.) with the City to mitigate damages should they occur.
The following provisions shall apply in instances where such financial guarantees are
required:
1. Such bond or other proof of financial guarantee shall not exceed 150% of the
estimated cost of constructing and maintaining those improvements which are the
source of the risk or potential hazard; provided that, in the case of surface water
activities which do not involve expenditures at least equal to the cost of remedying the
possible adverse impacts of such activities, the required financial guarantee shall be
equal to City staff's best estimate of the possible cost directly associated with remedying
the adverse impacts to public or private properties not associated with the
development.
2. The amount of any financial guarantee shall not serve as a gauge or limit to
the compensation collected from a property owner because of damages associated with
any surface water activity.
D. The City shall retain the financial guarantee until the completion of any project
involving surface water activity or following a prescribed trial maintenance period.
E. The City of Tukwila may redeem financial guarantees provided in accordance
with this provision in whole or in part upon determination by the Public Works
Director that any or all of the following circumstances exist:
1. Failure on the part of the party providing such financial guarantee to fully
comply, within the time specified, with approved plans and /or any corrective or
enforcement actions mandated by TMC Chapter 14.30; or,
2. Damages to public or private property arising from the activities for which
the financial guarantee was required.
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14.30.120 Insurance.
A. If, in the opinion of the Public Works Director, the risks to property or life and
safety associated with a proposed development activity are substantial, said official
may require the property owner to purchase liability insurance coverage in the
following minimum amounts:
1. Bodily injury liability $1 million per occurrence.
2. Property damage liability $1 million per occurrence.
B. The Public Works Director may require higher policy limits than set forth in
TMC Section 14.3O.12OA in those cases where the minimum amounts are deemed
insufficient to cover possible risks. All insurance policies obtained in accordance with
these provisions shall name the City of Tukwila as an "additional insured," and shall be
written by a company licensed to do business in the State of Washington. Neither
issuance of a permit, nor compliance with these provisions or any other conditions
imposed by the City relieves any person from responsibility for damage to persons or
property otherwise imposed by law, nor for damages in an amount greater than the
insured amount. Issuance of a permit shall not form the basis of liability against the City
for damages to persons or property arising from the development activities permitted
by the City or otherwise undertaken by any person.
14.30.130 Exceptions.
A. Requested by Applicant.
1. The Director may grant a written exception from any requirements of TMC
Chapter 14.30 if there are exceptional circumstances applicable to the site such that strict
adherence to the provisions contained herein will result in unnecessary hardship and
not fulfill the purpose of TMC Chapter 14.30. The cost to design and construct the
improvements shall not constitute hardship and shall not form the basis for an
exception.
2. The applicant shall provide the Director a written request stating the specific
exception sought and the reasons supporting the exception.
3. The Director may grant an exception to TMC Chapter 14.30 only if all of the
following criteria are met:
a. Strict compliance with the provisions of TMC Chapter 14.30 may
jeopardize project feasibility and reasonable use of property;
b. Proposed drainage facilities are consistent with the purpose and intent of
TMC Chapter 14.30;
c. Granting the exception or standard reduction will not be detrimental to
the public welfare, public safety, existing drainage systems or other property in the
drainage basin; and
d. The recommendation of a registered civil engineer supports the exception.
B. Low Impact Development.
1. In order to achieve the City's goal of increasing the amount of development
with less impervious surface, the Director may approve exceptions to Public Works
standards, including street standards. Exceptions requiring approval under the land use
codes, such as parking and landscaping, must be made to the Department of
Community Development.
2. The applicant shall provide justification for each exception and shall show
that the project meets all other TMC requirements and that the project has a reasonable
assurance of long -term success.
3. Each exception shall be assessed on the following criteria:
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a. The result will compensate for or be comparable with surface water flow
control and treatment that is in the public's interest;
b. The exception contributes to and is consistent with achieving low effective
impervious surface area within a development;
c. The exception contains reasonable assurances that low effective
impervious surfaces will be achieved and maintained;
d. Granting of the exception will not threaten public health and safety;
e. The exception meets or is consistent with generally accepted engineering
design practices;
f. The exception promotes one or more of the following:
(1) Innovative site or housing design;
(2) Increase in on -site surface water retention using native vegetation;
(3) Retention of at least 60% of natural vegetation conditions over the site;
(4) Improved on -site water quality beyond that required in current
standards adopted by the City;
(5) Retention or recreation of predevelopment and /or natural hydrologic
conditions to the maximum extent possible; and
(6) Reduction of effective impervious surface to lowest extent practicable.
g. The exceptions do not present significantly greater maintenance
requirements at facilities that will eventually be transferred to the public ownership;
h. Covenant, conditions and restrictions necessary for native growth
protection easements, impervious surface restrictions and other such critical features
necessary for the exceptions will be recorded against and will be binding against all
affected properties.
C. The Director may require a monitoring and evaluation plan in order to measure
performance of specific elements in the exceptions.
D. The Director may require a performance bond for 150% of the installation cost of
the exceptions.
E. The Director may require a two -year maintenance bond for 20% of the
construction cost.
14.30.140 Liability. Liability for any adverse impacts or damages resulting from
work performed in accordance with any permit issued on behalf of the City of Tukwila
for the development of any site within the City limits shall be the sole responsibility of
the applicant.
14.30.150 Penalties. The following penalties shall be applied in whole or in part for
the violation of permit conditions or for the failure to obtain permits required for
activities regulated by TMC Chapter 14.30. All remedies shall be considered cumulative
in addition to any other IawfuI action. Each day that a violation of this code is
committed or permitted to continue constitutes a separate offense to which both the
civil and criminal penalties set forth below shall apply.
1. The violation of or failure to comply with any order or requirements made in
accordance with the provisions of TMC Chapter 14.30 is a civil violation. The provisions
of TMC Chapter 8.45 shall be used to enforce this code.
2. It shall not be a defense to the prosecution for failure to obtain a permit
required under TMC Chapter 14.30 that a contractor, subcontractor, person with
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responsibility on a site or person authorizing or directing the work erroneously
believed a permit had been issued to the property owner or any other person.
14.30.160 Abatement. The City may abate any surface water activity that is deemed
a public nuisance and is performed in violation of TMC Chapter 14.30 or any lawful
order or requirement of the Director.
14.30.170 Injunctive Relief.
A. Whenever the City has reasonable cause to believe that any person is violating or
threatening to violate TMC Chapter 14.30 or any rule or other provision adopted or
issued pursuant to TMC Chapter 14.30, it may either before or after the institution of
any other action or proceeding authorized by TMC Chapter 14.30 institute a civil action
in the name of the City for injunctive relief to restrain the violation or threatened
violation. Such action shall be brought in King County Superior Court.
B. The institution of an action for injunctive relief under TMC Chapter 14.30 shall
not relieve any party to such proceedings from any penalty prescribed for violations of
TMC Chapter 14.30.
14.30.180 Appeals. The appeals process for /by any person aggrieved by the action
of the City is provided under TMC Chapter 8.45, "Enforcement."
Section 2. Repealer. Ordinance No. 2064 is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachments: Exhibit A The 2009 King County Surface Water Design Manual
(KCSWDM)
Exhibit B The 2009 King County Stormwater Pollution Prevention
Manual (KCSPPM)
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 14 of 14
I CAS NUMBER:
AGENDA ITEM TI'TLE
SPONSOR'S
SUMMARY
REVIEWED BY
Fund Source:
Comments:
02/16/10
1D- 013
Meeting Date
02/08/10
02/16/10
CATEGORY Discussion Motion Resolution
Mtg Date 02/08/10 Mtg Date Mtg Date
02/16/10 (Ordinance in Final Form
COUNCIL AGENDA SYNOPSIS
I, epared by
BG
BG
1
ITEM INFORMATION
Initials ITEM NO,
May1review 1. 6punci.
I JA1
ti.) I ill
I ORIGINAL AGENDA DATE: FEBRUARY 8, 2010
Ordinance to adopt Surface Water Illicit Discharge Detection and Elimination
in TMC Chapter 14.31
Ordinance n Bid Award Public Hearing Other
Mtg Date 02/16/10 Mtg Date
eview
SPONSOR Council Mayor Adm Svcs DCD Finance U Fire U Legal P&R Police PW
This ordinance will establish new regulations for the Surface Water Management
regulations for Illicit Discharge Detection and Elimination per the National Pollutant
Discharge Elimination System (NPDES). NPDES requires that the City adopt the
requirements by February 15, 2010. This ordinance will meet all of the Department of
Ecology's requirements prohibiting all non stormwater discharges into the stormwater
system.
COW Mtg. CA &P Cmte Ll F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. n Parks Comm. I 1 Planning Comm.
Mtg Date Mtg Date
DATE: 01/12/10 01/26/10
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
MTG. DATE 1 RECORD OF COUNCIL ACTION
02/08/10 Forward to the Next Regular Meeting
MTG. DATE ATTACHMENTS
02 /08/10 Informational Memorandum dated 01/06/10 (revised after UC for Council dates only)
Draft Ordinance
Minutes from the Utilities Committee meeting of 01/12/10 1/26/10
33
34
Ci
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Washington
Ordinance No.
f Tukwiia
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING THE
CITY'S MUNICIPAL STORMWATER SEWER SYSTEM, TO BE CODIFIED
AT TUKWILA MUNICIPAL CODE CHAPTER 14.31, "ILLICIT DISCHARGE
DETECTION AND ELIMINATION REPEALING ORDINANCE NO. 2064,
§2 (PART); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the National Pollutant Discharge Elimination System (NPDES),
administered by the Environmental Protection Agency (EPA), is one of the primary
mechanisms for achieving the objectives of the Federal Clean Water Act; and
WHEREAS, the EPA has delegated responsibility to administer the NPDES permit
program to the State of Washington, pursuant to Chapter 90.48 RCW, which defines the
Department of Ecology's authority and obligations in administering the program; and
WHEREAS, the City of Tukwila (the "City is regulated under the Washington
State Department of Ecology's Western Washington Phase II Municipal Stormwater
Permit (the "Permit and
WHEREAS, the Permit extends the coverage of the NPDES permit program to
certain "small" municipal separate stormwater sewer systems, some of which are
located within the City; and
WHEREAS, the City is required to develop a Stormwater Management Program,
including adoption of an ordinance prohibiting all non stormwater discharges into the
municipal separate stormwater sewer systems and implementing appropriate
enforcement procedures and actions pursuant to the Permit; and
WHEREAS, the City wishes to adopt a new Chapter 14.31 of the Tukwila Municipal
Code (TMC) to govern illicit discharge detection and elimination pursuant to the
Permit;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. New Regulations Established. New surface water management
provisions, to be codified at Tukwila Municipal Code Chapter 14.31, "Illicit Discharge
Detection and Elimination," are hereby established to read as follows:
14.31.010 Purpose. The purpose of this chapter is to provide for the health, safety
and general welfare of the citizens of Tukwila, Washington, through the regulation of
non stormwater discharges to the stormwater drainage system to the maximum extent
practicable as required by federal and state law. This chapter establishes methods for
controlling the introduction of pollutants into the stormwater drainage system in order
to comply with requirements of the National Pollutant Discharge Elimination System
(NPDES) permit process. The objectives of this chapter are:
1. To regulate the contribution of pollutants to the stormwater drainage system
by stormwater discharges by any person.
2. To prohibit illicit connections and illicit discharges to the stormwater
drainage system.
Page 1 of 5
35
36
3. To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this chapter.
14.31.020 Definitions. Unless specifically defined below, words or phrases used in
this chapter shall be interpreted using the meaning they have in common usage and to
give this chapter its most reasonable application.
1. "AKART" means All Known, Available and Reasonable methods of
prevention, control and Treatment (see also the State Water Pollution Control Act,
Sections 90.48.010 RCW and 90.48.520 RCW).
2. "Best Management Practices" (BMPs) means schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution prevention
and educational practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly to stormwater,
receiving waters or stormwater conveyance systems. BMPs also include treatment
practices, operating procedures and practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw materials storage.
3. "Clean Water Act" means the federal Water Pollution Control Act (33 U.S.C.
91251 et seq), and any subsequent amendments thereto.
4. "Director" means the Director of Public Works or his or her designee.
5. "Groundwater" means water in a saturated zone or stratum beneath the
surface of the land or below a surface water body.
6. "Hazardous materials" means any material, including any substance, waste or
combination thereof, which because of its quantity, concentration or physical, chemical,
or infectious characteristics may cause, or significantly contribute to, a substantial
present or potential hazard to human health, safety, property or the environment when
improperly treated, stored, transported, disposed of, or otherwise managed.
7. "Hyperchlorinated" means water that contains more than 10 mg /liter chlorine.
8. "Illicit discharge" means all non surface water discharges to surface water
conveyance systems that cause or contribute to a violation of State water quality,
sediment quality or ground water quality standards. These discharges include sanitary
sewer connections, industrial process water, interior floor drains, car washing and grey
water systems.
9. "Illicit connections" means any man -made conveyance that is connected to a
stormwater drainage system without a permit, excluding roof drains or other similar
type connections. Examples include sanitary sewer connections, floor drains, channels,
pipelines, conduits, and inlets or outlets that are connected directly to the stormwater
drainage system.
10. "National Pollutant Discharge Elimination System Stormwater Discharge Permit"
means a permit issued by the Washington Department of Ecology under the authority
delegated pursuant to 33 U.S.C. §1342(b) (Clean Water Act) that authorizes the
discharge of pollutants to waters of the United States, whether the permit is applicable
on an individual, group or general area -wide basis.
11. "Non stormwater discharge" means any discharge to the stormwater drainage
system that is not composed entirely of stormwater.
12. "Person" means any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either the owner or as the
owner's agent.
13. "Pollutant" means anything which causes or contributes to pollution.
Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and
other automotive fluids; non hazardous liquid, solid waste and yard waste; refuse,
rubbish, garbage, litter or other discarded or abandoned objects, ordnance and
accumulations, so that same may cause or contribute to pollution; floatables; pesticides,
herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and
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pathogens; dissolved and particulate metals; animal waste; waste and residue that
results from constructing a building or structure; and noxious or offensive matter of any
kind.
14. "Pollution" means contamination or other alteration of the physical, chemical,
or biological properties of waters of the State that will or is likely to create a nuisance or
render waters harmful, detrimental or injurious 1) to public health, safety or welfare, or
2) to domestic, commercial, industrial, agricultural, recreational or other legitimate
beneficial uses, or 3) to livestock, wild animals, birds, fish or other aquatic life.
Contamination includes discharge of any liquid, gas or solid radioactive or other
substance. Alteration includes temperature, taste, color, turbidity or odor.
15. "Premises" means any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
16. "Stormzuater drainage system" means constructed and natural features which
function together as a system to collect, convey, channel, hold, inhibit, retain, detain,
infiltrate, divert, treat or filter stormwater.
17. "Stormzoater" means that portion of precipitation that does not naturally
percolate into the ground or evaporate, but flows via overland flow, interflow, channels
or pipes into a defined surface water channel or a constructed infiltration facility.
18. "Stornnnater Pollution Prevention Plan" means a document that describes the
best management practices and activities to be implemented by a person to identify
sources of pollution or contamination at premises and the actions to eliminate or reduce
pollutant discharges to stormwater, stormwater conveyance systems and/ or receiving
waters to the maximum extent practicable.
14.31.030 Applicability. This chapter shall apply to any materials and discharges
other than stormwater entering the stormwater drainage system generated on any
developed and undeveloped lands lying within the City of Tukwila. The Director is
authorized to adopt written procedures for the purpose of carrying out the provisions
of this chapter.
14.31.040 Responsibility for Administration.
A. Inspection Authority. The Director is authorized to develop and implement an
inspection program for the investigation of suspected illicit discharges and illicit
connections in the City of Tukwila.
B. Enforcement Authority. The Director shall enforce the requirements of this
chapter.
14.31.050 Discharge Prohibitions.
A. Prohibition of illicit discharges.
1. No person shall throw, drain or otherwise discharge or cause or allow others
under its control to throw, drain or otherwise discharge directly or indirectly into the
stormwater drainage system and /or surface and groundwaters any materials other
than stormwater.
2. Examples of prohibited contaminants include, but are not limited to, the
following:
a. Trash or debris.
b. Construction materials.
c. Petroleum products, including but not limited to oil, gasoline, grease, fuel
oil and heating oil.
d. Antifreeze and other automotive products.
e. Metals in either particulate or dissolved form.
f. Flammable or explosive material.
g. Radioactive material.
h. Batteries.
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38
i. Acids, alkalis or bases.
j. Paints, stains, resins, lacquers or varnishes.
k. Degreasers and /or solvents or drain cleaners.
1. Pesticides, herbicides or fertilizers.
m. Steam cleaning wastes.
n. Soaps, detergents or ammonia.
o. Swimming pool or spa filter backwash.
p. Chlorine, bromine or other disinfectants.
q. Heated water.
r. Domestic animal waste.
s. Sewage.
t. Recreational vehicle waste.
u. Animal carcasses.
v. Food waste.
w. Bark and other fibrous materials.
x. Lawn clippings, leaves or branches.
y. Silt, sediment, concrete, cement or gravel.
z. Chemicals not normally found in uncontaminated water.
aa. Any other process- associated discharge, except as otherwise allowed in
this section, and any hazardous material or waste not listed above.
B. Prohibition of illicit connections.
1. The construction, use, maintenance or continued existence of illicit
connections to the stormwater drainage system is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
3. A person is considered to be in violation of this chapter if that person allows a
currently illicit stormwater drainage system connection to continue to exist.
14.31.060 Allowable Discharges. The following types of discharges shall not be
considered illicit discharges for the purposes of this chapter unless the Director
determines that the type of discharge, whether singly or in combination with others, is
causing or is likely to cause pollution of surface water or groundwater:
1. Diverted stream flows.
2. Rising groundwaters.
3. Uncontaminated groundwater infiltration, as defined in 40 Code of Federal
Regulations (CFR) 35.2005(20).
4. Uncontaminated pumped groundwater.
5. Foundation drains.
6. Air conditioning condensation.
7. Irrigation water from agricultural sources that is comingled with urban
stormwater.
8. Springs.
9. Water from crawl space pumps.
10. Footing drains.
11. Flows from riparian habitats and wetlands.
12. Discharges from emergency fire fighting activities.
14.31.070 Conditional Discharges. The following types of discharges shall not be
considered illicit discharges for the purposes of this chapter if they meet the stated
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conditions or unless the Director determines that the type of discharge, whether singly
or in combination with others, is causing or is likely to cause pollution of surface water
or groundwater:
1. Potable water, including water from water line flushing, hyperchlorinated
water line flushing, fire hydrant system flushing and pipeline hydrostatic test water.
Planned discharges shall be de- chlorinated to a concentration of 0.1 ppm or less, pH-
adjusted to a level within the range of 6.5 and 8.5, if necessary, and in volumes and
velocities controlled to prevent re- suspension of sediments in the stormwater system.
2. Lawn watering and other irrigation runoff are permitted but shall be
minimized.
3. De- chlorinated swimming pool discharges. These discharges shall be de-
chlorinated to a concentration of 0.1 ppm or less, pH- adjusted to a level within the
range of 6.5 and 8.5, if necessary, and in volumes and velocities controlled to prevent re-
suspension of sediments in the stormwater system.
4. Street and sidewalk wash water, water used to control dust and routine
external building wash -down that does not use detergents are permitted if the amount
of street wash and dust control water used is minimized. At active construction sites,
street sweeping must be performed prior to washing the street.
5. Non stormwater discharges covered by another NPDES permit, provided the
discharger is in full compliance with all requirements of the permit, waiver or order and
other applicable laws and regulations, and provided that written approval has been
granted from the Director for any discharge to the stormwater drainage system.
6. Other non stormwater discharges. The discharges shall be in compliance with
the requirements of a Stormwater Pollution Prevention Plan (SWPPP) reviewed and
approved by the City, which addresses control of such discharges by applying AKART
to prevent contaminants from entering surface or groundwater.
7. Storm system dye testing is allowable by the City and dye testing by others
requires written notification to the City with approval from the Director.
14.31.080 Enforcement.
Compliance with the requirements of this code shall be mandatory. The general
penalties and remedies established in TMC Chapter 8.45 for such violations shall apply
to any violation of this code.
Section 2. Repealer. Ordinance No. 2064, §2 (part), is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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40
CAS NUMBER:
AGENDA I1 EM TITLE
CATEGORY
f SPONSOR
SPONSOR'S
SUMMARY
MTG. DATE
02/08/10
02/16/10
MTG. DATE
02/08/10
02/16/10
tO 0 I Li-
Meeting Date
02/08/10
02/16/10
COUNCIL AGENDA SYNOPSIS
1
Discussion Motion Resolution
Mtg Date 02/08/10 Mtg Date 02/16/10 Mtg Date
Initials
repared by 1 May eyiew
BG 1
BG 1
1
1
,'ounci! review
I WIT' I
(IAA I
1
ITEM INFORMATION
ORIGINAL AGENDA DATE: FEBRUARY 8, 2010
Tukwila Urban Center Transit Center and Andover Park West
Design Report and Siting Decision
1 1
Mtg Date
Ordinance Bid Award
Mtg Date
ITEM No.
Public Hearing L Other
Mtg Date Mtg Date
Council Mayor Adm Svcs DCD E Finance n Fire Legal n P&R Police PW/
Completion of the design of the west side of the the Transit Center and update to the
Andover Park West widening project is currently due by May 30, 2010. A recommendation
for the northbound stop location is needed to have a fully integrated Transit Center. Staff
and King County Metro recommend the Farside Concept for the north transit stop. Council
is being asked to approve recommendation of the northbound site location.
REVIEWED BY El COW Mtg. CA &P Cmte n F &S Cmte
Utilities Cmte n Arts Comm. 1 1 Parks Comm.
DATE: 01/19/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMIrIEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT./ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$0.00 $0.00
Fund Source: 104.02 ARTERIAL STREET FUND (PG. 22 23, 2010 CIP)
Comments:
RECORD OF COUNCIL ACTION
Forward to the Next Regular Meeting
M Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
$0.00
ATTACHMENTS
Informational Memorandum dated 01/12/10
USDOT Livability Initiative Bulletin
Pictures of Farside Concept and Nearside Concept
Tukwila Transit Center Design Report, January 16, 2007 (to Council Admin only)
Minutes from the Transportation Committee meeting of 01/19/10
No Attachments
41
42
Fund Source:
Comments:
MTG. DATE
2/8/10
2/16/10
CAS NUMBER: 0 0 1 5
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared b y 1 Mayor .review I Counc review
02/08/10 SH 1 I A'
02/16/10 SH I 56 l (i )J.,
I
ITEM INFORMATION
1 ORIGINAL AGENDA DATE: FEBRUARY 8, 2010
MTG. DATE RECORD OF COUNCIL ACTION
2/8/10 Forward to the Next Regular Meeting
2/16/10 1
ATTACHMENTS
Informational Memorandum dated 1/28/10
Ordinance in Draft Form
Projected Summary of Refunding Results
Minutes from the Finance and Safety Committee meeting of 2/2/10
Ordinance in Final Form
ITEM No.
6
AGENDA ITEM TITLE An ordinance pledging the City's full faith and credit toward the payment of its share
of debt service on refunding bonds to be issued by the Valley Communications Center
Development Authority.
CATEGORY Discussion Motion Resolution
Mtg Date 2/8/10 Mtg Date Mtg Date Mtg Date 2/16/10 Mtg Date Mtg Date Mtg Date
Ordinance Bid Award Public Hearing Other
SPONSOR Council 111 Mayor n Adm Svcs DCD Finance Fire Legal n P&R Police PW
SPONSOR'S The Valley Communications (ValleyCom) Board of Directors (Admin Board) has authoirzed
SUMMARY the refunding of its series 2000 bonds. As a member City of ValleyCom, the City Council
must approve the refunding by adoption of an ordinance prior to the bond sale.
The Council is being asked to approve the ordinance providing for repayment of the new
refunding bonds, and authorize the Mayor to execute a continuing disclosure agreement.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
n Utilities Cmte Arts Comm. n Parks Comm. Planning Comm.
DATE: 2/2/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
CoMMIT•rEE unanimous approval; Forward to Committee of the Whole
COST. IMPACT FUND .SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
43
44
Ci
of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, PLEDGING THE CITY'S FULL FAITH AND CREDIT TOWARD
THE PAYMENT OF ITS SHARE OF DEBT SERVICE ON REFUNDING BONDS TO
BE ISSUED BY THE VALLEY COMMUNICATIONS CENTER DEVELOPMENT
AUTHORITY AND APPROVING CERTAIN MATTERS RELATED THERETO;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 1912, adopted by the City of Tukwila (the "City")
on April 3, 2000, and Chapter 39.34 RCW, the Interlocal Cooperation Act, the City entered into
the Valley Communications Center Interlocal Agreement effective April 17, 2000 (the Interlocal
Agreement with the City of Federal Way, the City of Renton, the City of Auburn, and the City
of Kent, Washington (together, the "Member Cities to reorganize a governmental
administrative agency known as the Valley Communications Center "ValleyCorn and
WHEREAS, the purpose of ValleyCom is to provide improved police, fire and medical aid
service communications within the boundaries of the existing, established consolidated service
area at a minimum cost to the Member Cities, together with such other governmental agencies
that have contracted with ValleyCom for communication services; and
WHEREAS, in order to address increased growth and to provide necessary services for the
Member Cities and other governmental agencies that contract with ValleyCom for
communication services, ValIeyCom constructed a new dispatch facility known as the Valley
Communications Center (the "Facility"); and
WHEREAS, financing for the construction, equipping and improvement of the Facility was
provided by bonds issued by the Valley Communications Center Development Authority (the
"Authority"), a public development authority chartered by the City of Kent, pursuant to RCW
35.21.730 through 35.21.755; and
WHEREAS, pursuant to the Interlocal Agreement, each Member City has agreed to
contribute to the financing of the costs of the Facility, each Member City paying 20% of the total
cost of development, less contributions from grants, other agencies or other sources; and
WHEREAS, the Authority issued its Valley Communications Center Development
Authority Bonds, 2000 (Valley Communications Center Project in King County, Washington)
(the "2000 Bonds dated September 15, 2000, in the original aggregate principal amount of
$12,758,000; and
WHEREAS, it appears that the 2000 Bonds may now be refunded at lower interest rates
through the issuance of refunding bonds of the Authority, thereby yielding savings to the
Authority and the Member Cities;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. City Contributions to Bonds. Pursuant to the terms of the Interlocal Agreement,
the City hereby irrevocably commits to pay its share, which shall be equal to 20 of the debt
service on bonds (the "Bonds issued by the Authority for the purpose of defeasing and
refunding all or a portion of the 2000 Bonds. The City recognizes that it is not obligated to pay
the share of any other Member City; the City's obligation shall be limited to its 20% allocable
share of debt service on such Bonds; all such payments shall be made by the City without
regard to the payment or lack thereof by any other jurisdiction; and the City shall be obligated
to budget for and pay its 20% allocable share. All payments with respect to the Bonds shall be
made to ValleyCom in its capacity as administrator and servicer of the Bonds to be issued by
the Authority. The City's obligation to pay its 20% allocable share shall be an irrevocable full
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Page 1 of 2
45
46
faith and credit obligation of the City, payable from property taxes levied within the
constitutional and statutory authority provided without a vote of the electors of the City on all
of the taxable property within the City and other sources of revenues available therefor. The
City hereby obligates itself and commits to budget for and pay its 20% allocable share and to set
aside and include in its calculation of outstanding non -voted general obligation indebtedness an
amount equal to the principal component of its 20% allocable share for so long as any Bonds
remain outstanding.
Section 2. Compliance with Continuing Disclosure Requirements and Official
Statement. To the extent necessary to meet the conditions of paragraph (d)(2) of United States
Securities and Exchange Commission Rule 15c2 -12 (the "Rule the Mayor is hereby authorized
to execute and deliver a continuing disclosure agreement or certificate in order to assist the
underwriter for the Bonds in complying with the Rule. The Mayor is further authorized to ratify
and approve the information pertaining to the City and contained in the preliminary and final
official statements delivered in connection with the Bonds for purposes of the Rule.
Section 3. Allocation for Purposes of Bank Qualification. For purposes of
Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended (the "Code the
City hereby agrees that the amount of each issue of obligations of the Authority shall be
allocated in equal shares among each of the Member Cities.
Section 4. Tax Covenant. The City hereby agrees that it shall not:
1. Make any use of the proceeds from the sale of Bonds or any other money or
obligations of the Authority or the Member Cities that may be deemed to be proceeds of the
Bonds pursuant to Section 148(a) of the Code that will cause the Bonds to be "arbitrage bonds"
within the meaning of said Section and said regulations, or
2. Act or fail to act in a manner that will cause the Bonds to be considered obligations
not described in Section 103(a) of the Code.
Section 5. General Authorization; Prior Acts.
A. The Mayor and Finance Director of the City and each of the other appropriate officers,
agents and representatives of the City are each hereby authorized and directed to take such
steps, to do such other acts and things, and to execute such letters, certificates, agreements,
papers, financing statements, assignments or instruments as in their judgment may be
necessary, appropriate or desirable to carry out the terms and provisions of, and complete the
transactions contemplated by, this ordinance.
B. All acts taken pursuant to the authority of this ordinance but prior to its effective date
are hereby ratified and confirmed.
Section 6. 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 7. 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 there of this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
CAS NUMBER:
AGENDA ITEM TITLE
SPONSOR'S
SUMMARY
Fund Source:
Comments:
MTG. DATE
02/16/10
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by I or_view 1 "-council review
02/16/10 JP 1 f 1' J }�,C'
1 v
ITEM INFORMATION
ORIGINAL AGENDA DATE: FEBRUARY 16, 2010
Moratorium on certain non industrial uses within certain areas of the City.
CATEGORY Discussion Motion n Resolution Ordinance Bid Award
Mtg Date Mtg Date Mtg Date
Mtg Date 02/16/10 Mtg Date
ITEM No.
Public Hearing Other
Mtg Date 4/12/10 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD I I Finance Fire E Legal P &R Police I Pi/
The attached emergency moratorium will prevent certain non industrial uses from being
able to establish within the City's MIC zone. During the moratorium period staff will study
the various issues associated with the City's MIC area. As part of the biennial 2009 -10
budget, the City Council identified a desire to research and analyze development issues
within the City's Manufacturing Industrial Center zones.
REVIEWED BY n COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: None, emergency declaration
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Not reviewed by Committee, Emergency Declaration
COST IMPACT /FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
02/16/10 1 Informational Memorandum dated 2/10/10 from Jack Pace, DCD Director
Ordinance in Final Form
Map of MIC Area
Report "The Future of Seattle's Industrial Lands"
4 i
48
TO:
City of Tukwila
Mayor Haggerton
City Council
FROM: Jack Pace, Director
DATE: February 10, 2010
INFORMATIONAL MEMORANDUM
Jim Haggerton, Mayor
SUBJECT: Moratorium on certain non industrial uses within the City's Manufacturing
Industrial Center (MIC)
ISSUE
Should the City adopt a moratorium prohibiting the establishment or expansion of certain types
of non industrial uses within the City's two Manufacturing Industrial Center (MIC) zones?
BACKGROUND
As part of the City's 2009/10 biannual budget, the City Council tasked DCD staff with examining
issues associated with the City's Manufacturing Industrial Centers (Tukwila 2009/10 Budget
page 85). King County has five areas designated as Manufacturing Industrial Centers (MIC) by
Countywide Planning Policies. The City of Tukwila contains one of these centers, located in the
north part of the City. The City's MIC area abuts one of the MIC areas located in the City of
Seattle; thus, creating the largest MIC zone in the County.
The purpose of the MIC zoning designation is to preserve and enhance the industrial land
supply for the region. Industrial jobs, such as manufacturing jobs, provide a significant number
of living wage jobs, which in turn support other jobs throughout the region. These MIC areas
are essential to the overall economic health of the City and region. The MIC designation also
makes available a significant number of funding sources for transit and capital improvements.
Essentially, MIC areas, as well as Urban Center areas, are supposed to receive first priority for
funding.
The City's MIC policies must be consistent with the Countywide Planning Policies. Countywide
Planning Policy LU -52 states that by 2010 jurisdictions that contain MIC areas must ensure that
they have plans and policies in place that achieve the following goals:
1. Preserve and encourage the aggregation of vacant or non manufacturing /industrial land
parcels sized for manufacturing /industrial uses;
2. Discourage land uses which are not compatible with manufacturing, industrial, and
advanced technology uses;
3. Accommodate a minimum of 10,000 jobs; and
4. Limit the size of offices and retail unless as an accessory use.
In recent years extreme pressure has been placed on all MIC areas, including Tukwila's.
Because industrial land is typically of lower value than commercial land, there is constant
pressure by non industrial users to locate in these zones. The increased land values can drive
out existing industrial users and prevent new industries from being established.
49
INFORMATIONAL MEMO
Page 2
DISCUSSION
In 2007, the City of Seattle completed an extensive study of their industrial land supply and
made significant code changes to preserve industrial land. A copy of their final report is
attached. The proposed moratorium would temporarily prevent non industrial uses from
establishing or expanding within the MIC area in order to give staff time to study the issues
associated with the City's MIC area and ensure that we are complying with Countywide
Planning Policies.
Within 60 -days of adoption of the moratorium the City is required to hold a public hearing. At
the public hearing, staff will present the Council with a detailed work plan to brief the Council on
issues associated with the City's MIC zone. The work plan will include some topic areas that
staff would like to explore with the MIC review and will also include provisions to engage
stakeholders.
RECOMMENDATION
The Council is being asked to approve the ordinance as submitted and to schedule a public
hearing for April 12, 2010.
ATTACHMENTS
1. Ordinance in Final Form
2. Map of MIC area
3. The Future of Seattle's Industrial Lands, dated July 2007
50 C:1Temp\XPgrpwiseUnfoMemo.doc
C itv of T
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO THE PRESERVATION OF INDUSTRIAL
LAND WITHIN THE CITY'S MANUFACTURING INDUSTRIAL CENTER,
ESTABLISHING A SIX -MONTH MORATORIUM ON THE ACCEPTANCE
OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND
DEVELOPMENT PERMITS, BUSINESS LICENSES AND /OR APPROVALS
FOR ANY CHANGE IN USE FOR CERTAIN NON INDUSTRIAL USES
WITHIN THE MANUFACTURING INDUSTRIAL CENTER ZONE;
PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant
to RCW 35A.63.220; and
WHEREAS, the City of Tukwila contains one of five manufacturing and industrial
centers (MIC) in the County; and
WHEREAS, these MIC areas are designated via a regional process through the
County -wide Planning Policies; and
WHEREAS, the King County County-wide Planning Policies state that by 2010
jurisdictions that contain MIC areas shall have zoning and detailed plans in place to
achieve the following goals: 1) Preserve and encourage the aggregation of vacant or
non conforming /industrial land parcels sized for manufacturing /industrial uses; 2)
Discourage land uses that are not compatible with manufacturing, industrial and
advanced technology uses; 3) Accommodate a minimum of 10,000 jobs; and 4) Limit the
size of office and retail unless as an accessory use; and
WHEREAS, as part of the 2009 -2010 biennial budget, the Mayor's Office and the
City Council identified a goal of updating the City's zoning and development
regulations within the City's MIC area; and
WHEREAS, manufacturing jobs typically provide living wage jobs that the City
Council desires to be retained within the City; and
WHEREAS, the City of Tukwila's MIC area borders the City of Seattle's MIC zoned
area and coordination between the City of Seattle, the City of Tukwila and King County
is needed in order to preserve, protect and enhance the region's industrial land supply,
which is essential to the long -term economic vitality of the region; and
WHEREAS, the King County County -wide Planning Policies note, "MIC
Employment Centers are key components of the regional economy. These areas are
characterized by a significant amount of manufacturing, industrial and advanced
technology employment and
WHEREAS, the King County County -wide Planning Policies note that "cities that
contain MIC areas should discourage and prevent incompatible uses within the MIC
areas and
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52
WHEREAS, the King County County -wide Planning Policies state that all
jurisdictions within the County benefit from and are impacted by the five MIC areas
located within the County; and
WHEREAS, the City's current regulations within the MIC area allow a wide range
of non industrial uses, such as retail, office and recreation; and
WHEREAS, the pressure to convert industrial land to non industrial land increases
the land value in the MIC zones and these rising land values can threaten to push
manufacturing businesses out of the region; and
WHEREAS, the City Council of the City of Tukwila desires to research and study
the land supply within the MIC zone in order to determine if the City's development
regulations act to retain existing and attract new manufacturing businesses to the City;
NOW THERFORE, THE CITY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Imposed. The City hereby imposes a moratorium upon the
acceptance of applications for and issuance of land use, building and development
permits, business licenses and /or approvals for certain non manufacturing uses within
both the MIC /H and MIC /L zones, including, but not limited to:
1. Adult entertainment establishments;
2. Automotive services;
3. Beauty or barber shops;
4. Bicycle repair shops;
5. Stand -alone daycare centers not associated with an existing business within the
MIC /H or MIC /L zones or associated with a new manufacturing use within those
zones;
6. Commercial laundries;
7. Financial services;
8. Hotels;
9. Laundries, including self serve, dry cleaning, tailoring and dyeing;
10. Libraries;
11. Museums;
12. Art galleries;
13. Motels;
14. Offices not associated with a permitted manufacturing use in TMC 18.38.020;
15. Outpatient, inpatient, and emergency medical and dental facilities;
16. Parks, trails, picnic areas and playgrounds (public);
17. Recreation facilities, athletic or health clubs;
18. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks);
19. Restaurants;
20. Schools and studios for education or self- improvement;
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21. Taverns, nightclubs;
22. Self- storage facilities;
23. Colleges and universities;
24. Fire and police stations;
25. Park and -ride lots;
26. Sports fields;
27. Community centers;
28. Golf courses; and
29. Retail sales not associated with an on -site manufacturing use.
Section 2. Vesting. Section 1 of this ordinance shall not apply to any project which
submitted a completed building permit application prior to the effective date of this
ordinance.
Section 3. Public Hearing. Pursuant to RCW 35A.63.220, a public hearing will be
held on or before April 12, 2010 for the purpose of adopting findings and conclusions in
support of the provisions of this ordinance.
Section 4. Duration. The moratorium imposed hereunder shall be in effect until
August 16, 2010, unless extended by the City Council, pursuant to State law.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid, unconstitutional or unenforceable for any reason by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this ordinance or its application to any
other person or situation.
Section 6. Declaration of Emergency Effective Date. For the reasons set forth
above, and to promote the objectives stated herein, the City Council finds that a public
emergency exists, necessitating that this ordinance take effect immediately upon its
passage by a majority plus one of the whole membership of the Council in order to
protect the public health, safety, property and general welfare. This ordinance shall take
effect and be in full force immediately upon passage by the City Council. A summary of
this ordinance may be published in lieu of publishing the ordinance in its entirety.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page3 of3
53
54
Manufacturing Industrical Center Zoning
MIC Zoning Map
56
t
S
Report
Be attie P
l a n n i n
Juty 20Q7 g Commission
►on
58
Seattle Planning Commission
INTRODUCTION pl
Seattle Planning Commission Role in Seattle's Industrial
Lands Policy
Seattle Planning Commission Involvement in Creating
an Industrial Lands Strategy
City's Effort to Create an Industrial Lands Strategy
STAKEHOLDER PROCESS AND OUTCOME p3
Purpose of Stakeholder Involvement
Explanation of Stakeholder Involvement and
Workshop Series
Seven Key Themes Identified by Stakeholders p6
SEATTLE PLANNING COMMISSION OBSERVATIONS
AND RECOMMENDATIONS p10
Identifying the Fundamental Questions
Seattle Planning Commission Observations p11
Seattle Planning Commission Recommendations p14
CONCLUSION p 17
COVER ART:
Little Ship (T18), 2000
Mary Iverson
Oil on Canvas, 6" x 8" x 1"
Seattle City Light 1% for Art
Portable Works Collection
Paintings shown above are in the
Seattle City Light 1% for Art Portable
Works Collection. Each painting is by
Mary Iverson and is featured later in
this document.
Artist Statement:
My paintings feature a uniquely Seattle icon, the orange
container cranes stationed at Seattle's waterfront. Part figure,
part machine and part archetype, the crane is for me a symbol
of personal strength. At the same time, my paintings of the cranes
generate a universal appeal, as the cranes are such a prominent
feature of our waterfront. These paintings were all executed
on site, or en plein air. To get the feeling for the size, color and
presence of the cranes, it was important for me to be painting on
location, near the cranes, and experiencing all the activities on
the shipping terminals.
INTRODUCTION
"Our vision of the future is one in which our city
has thriving neighborhoods where residents
and businesses work with the City to plan and
produce projects that enhance the quality of
life for those who live, work and play in Seattle."
Seattle Planning Commission
About the Commission
The Planning Commission, established by charter in 1946,
is an independent voluntary 16 member advisory body
appointed by the Mayor, City Council, and the Commission
itself.This diverse group is made up of people who bring
a wide array of valuable expertise and perspectives to
important planning decision in the City of Seattle.The role of
the Commission is to advise the Mayor, City Council, and City
departments on broad planning goals, policies, and plans
for the physical development of Seattle. It reviews and use,
transportation and neighborhood planning efforts using the
framework of Seattle's Comprehensive Plan and the long
range vision described in the Plan.
Seattle Planning Commission Role in
Seattle's Industrial Lands Policy
The Seattle Planning Commission is the steward of Seattle's
Comprehensive Plan, Toward a Sustainable Seattle, a 20 -year
policy plan designed to articulate a vision of how Seattle will
grow. In general, the goals define a future outcome that the
City is aiming for, and the policies provide guidance for more
specific decisions that will be made over time.
Preserving designated industrial lands for industrial uses
is an important goal identified in the City of Seattle's
Comprehensive PIan.The Plan recognizes that industrial
zoned land provides a safe haven for industrial businesses
where their operations are less likely to impinge on other,
non compatible uses. In recent years there have been
multiple requests to change Comprehensive Plan policies
and land use zoning designations for industrial properties.
These requests reflect an increasing pressure to convert
industrial lands to other uses. We have a growing concern
about these requests and the desire of individual land
owners to convert their industrial zoned land to non-
industrial uses. We feel strongly that the City must not simply
respond to each request on a case by case basis, but instead
make rational decisions based on an informed and well
thought out strategy.
Seattle Planning Commission Involvement
in Creating an Industrial Lands Strategy
In recognition of the trend toward increased requests to
change the nature of industrial land, in 2004 the Mayor's
Office requested the Commission's assistance in helping
the City determine an overall approach for industrial lands.
Also in 2004, we reviewed the Ten -Year Comprehensive Plan
Update. During that process we called on the City to develop
an industrial lands strategy that would consider the City's
overall objectives for maintaining and attracting industrial
jobs and its role and opportunities within the regional
context rather than on a case by case basis. We believe
that an industrial lands strategy can provide overarching
guidance to the City when responding to specific requests
for zoning or land use changes in industrial areas.
Based on the Commission's recommendation, City Council
asked the Department of Planning and Development (DPD)
in 2005 to complete a study that would help the Council
make decisions about the proposed Comprehensive Plan
amendments.The Department of Planning and Development
(DPD) along with the Office of Economic Development and
the Planning Commission completed the study in August
2005. In addition, we did independent research looking at
how five other cities approached similar efforts to create an
industrial lands strategy. We released the Comparison of
Industrial Land Strategies report in November of 2005. We
believed that the study and our report provided a strong
compelling rationale to call for the City of Seattle to create
a thoughtful 'strategy' regarding how best the City will
structure land use to meet the needs of or make changes in
the future to industrial and manufacturing land uses.
The Planning Commission and the Department of Planning and Development
co- sponsored a four -part workshop series in the Spring of2007.
59
60
INTRODUCTION (continued)
In late 2005 the Seattle City Council responded to the
Commission's call for action by allocating funds for DPD,
with assistance from the Commission, to create an Industrial
Lands Strategy. Since that time we have been working very
closely with DPD to assist them in their effort to create a
strategy. The Commission has been particularly involved in
the stakeholder involvement process.
City's Effort to Create an Industrial Lands
Strategy
In 2006 the City Council adopted a supplemental budget,
funding DPD to prepare an Industrial Lands Strategy to
ensure adequate land to accommodate the expected
future amount of industrial uses, and to provide criteria for
evaluating future requests to reclassify industrial lands.
DPD began conducting research to identify the key issues
facing industrial businesses in the city, to see how other
cities have addressed similar issues, and to work with the
community to develop approaches that can help Seattle
meet its objectives for industrial land. DPD will have
recommendations completed in time to inform City Council
decisions on the 2007 Comprehensive Plan amendments,
which include requests for changes to industrial land.
The Commission and DPD conducted an extensive process to engage
stakeholders in a discussion about the future of Seattle's industrial lands.
In 2006 DPD began extensive background analysis, research,
survey work and public involvement to help better inform
Seattle's Industrial Lands Strategy. They produced and
released four reports earlier this year including:
Seattle's Industrial Lands Backaround
Report features information including the
existing framework of industrial policies in Seattle,
statistics about land use and facilities in industrial
zoned areas, detailed profiles of seven industrial
neighborhoods, a summary of survey findings
highlighting the perspectives of industrial business
owners, and historical and projected employment
information.
Industrial Lands Survey: Survey of Business
Owners provides the results of a survey of 100
industrial businesses about their operations and the
opportunities they have and the challenges they
face in Seattle.
Industrial Lands Survey: investigation of
Comparable Cities provides information on
how eight North American cities are currently
handling the unique industrial issues in each of
those cities.
Industrial Lands Survey: Perspectives on
the Benefits and Chrallenaes of Business
Opportunities in Seattle's Industrial Lands
provides more detailed information than what was
gathered in the larger Survey of Business Owners.
This focused study was designed to gather more
specific information from a targeted group of
industrial business owners.
In addition to cosponsoring our stakeholder workshop series
DPD also held special focus groups and met with several
constituency groups in order to ensure that they were
hearing a broad and diverse set of perspectives.
STAKEHOLDER PROCESS AND OUTCOMES
Purpose of Stakeholder Involvement
The Planning Commission sought to engage the
public and industrial lands stakeholders as an
important component of the Industrial Lands
Strategy. This engagement was meant to achieve
the following:
Engage the public and stakeholders in a
discussion about the future of Seattle's
industrial lands
Obtain input about the state of industrial lands
and current trends affecting those lands from
stakeholders closely involved with these areas
Ensure adequate public review of the Industrial
Lands Strategy process
Educate the public about strategies for approaching
industrial lands taken by other major cities and the
results of the Department of Planning and Development's
(DPD's) research element of the Industrial Lands Strategy
Document public and stakeholder concerns and
suggestions for the future of Seattle's industrial lands
Explanation of Stakeholder Involvement
The Planning Commission and DPD co- hosted a four
part workshop series seeking input from the public and
stakeholders about the Industrial Lands Strategy. These
events included:
Event One Lessons from Other Cities
To open the workshop series the Planning Commission
organized a panel discussion was held with leading industrial
lands experts from Chicago, Portland, and Vancouver, BC on
March 29, 2007.The panelists discussed the challenges and
issues facing these cities with regard to industrial land and
how they have attempted to resolve those issues through
land use and zoning strategies.
City staff take Event One panelists on a tour of Seattle's industrial areas,
including Fisherman's Terminal.
Panelists included:
Nora L. Curry, City of Chicago, Director of Industrial
Initiatives and Policy, Department of Planning and
Development;
Christina DeMarco, Greater Vancouver Regional District,
Regional Development Division Manager, Policy and
Planning Department, and;
Steve Kountz, City of Portland, Senior Economic Planner,
Bureau of Planning.
Stakeholders were able to ask the panelists questions and
make comments about their experiences and how strategies
used in other cities might be applied in Seattle.
Event Two Conversations about Industrial Lands:
Challenges and Opportunities
The second workshop was held on April 10, 2007. At this
event we held a roundtable discussion with industrial lands
stakeholders about the current challenges and opportunities
related to preserving industrial land for industrial uses.The
event was facilitated by Commissioner Linda Amato, and
covered the topics of transportation and freight mobility and
land constraints and conversions.
At Event Two, Commissioner Linda Amato leads a round table discussion
with stakeholders focused on transportation, freight mobility and land
constraints.
3
61
62
4
STAKEHOLDER PROCESS AND OUTCOMES
Below: Commissioner Chris Fiori leads stakeholders in a roundtable
discussion about the future of Seattle's industry at Event Three.
Right and at bottom of page: additional photos from Event Three.
Event Three Conversations about Industrial Lands:
The Future of Industry in Seattle
On April 24, 2007 we held another roundtable discussion
with stakeholders about the future of Seattle's industry.
Issues including changes in the global marketplace, how to
allow for flexibility and new opportunities, and emerging
industries were explored.The event was facilitated by
Commissioner Chris Fiori and topics included regional
perspectives, the future of the port, new and emerging
industrial business. In addition, we asked several individuals
to make opening remarks relevant to the topics to be
discussed in this workshop. The participants heard opening
remarks from Eric Schinfeld, Economic Policy Analyst, Puget
Sound Regional Council; Phil Lutes, Deputy Managing
Director at the Port of Seattle Seaport Division; and Philipp
Schmidt- Pathmann, President, Waste Recovery Seattle
International.
Event Four Alternatives for Moving Forward
The fourth and final workshop, held on May 31, 2007, was a
forum at which we presented preliminary key themes from
the stakeholder involvement process and DPD shared their
preliminary thinking about the Industrial Lands Strategy.
The key themes provide a documentation of the outreach
process and an objective overview of what we heard
from stakeholders. The event included an opportunity
for participants to provide input on the Commission's
observations and DPD's thoughts on the study. The
event was facilitated by Commission Chair Jerry Finrow,
who presented Commission observations and facilitated
participant discussion to make sure the Commission 'got it
right; In addition, DPD staff presented early thoughts on the
Industrial Lands Strategy. The event included an opportunity
for participants to provide input on the Commission's
observations and DPD's thoughts on the study.
Seattle Zoning Map
Areas zoned industrial make up
5,142 acres of land or 12% of
the total land area.
Industrial Areas of Seattle
Manufacturing Industrial Center
Zoning
Downtown
012:DHI;DoC2,00C1iCMC. DAR; DRC
LOM. IDR. Peak PSM
Commercial
ME CI. C2
Neighborhood Commercial
sm. WAR: Nc3. NC2. NCI. NCR
High-Density Muld.Farrdly
BM
01. MR, MR=
LOW-Rise MUlti-Family
EN 13; 1.1iRC,12. Li. UM; LC,. L3RC.Lea3C
single Family
SF SOW; SF 7200, SF S6
am RSI-
IndUstrIal
IB
EMI 131
gsig 102
MaJor Institution
T. 0
fq.ulto a
Ln.1:1.7
tAlq.qhinxt
63
64
6
Seven Key Themes Identified by Stakeholders
Little Ship #2, 2000
Mary Iverson
Oil on Canvas, 7" x 5" x 1"
Seattle City Light 1% for Art
Portable Works Collection
There was broad consensus by stakeholders that defining what is meant by
`industrial business' is often a difficult endeavor. Stakeholders suggested that the
current definition needs to be clearer, and a nuanced approach should be taken
when developing this definition.
Businesses change rapidly over time, as new
industries develop and older industries recede.
Many of Seattle's regulations regarding industrial
lands were created during a different era, and certain
types of new businesses exist today that, while
not currently allowed in industrial zones, could
potentially utilize industrially zoned lands.
Many modern'industrial'businesses are no longer the
polluting, noisy type of business many people believe
they are.
When considering what areas should be considered
'industrial; a nuanced approach should be used, as
there are certain areas where primarily non industrial
businesses are located in industrial zones.
Other cities have struggled to provide enough flexibility
in their zoning regulations to allow for innovation in
industry and attract new businesses, while maintaining
strict enough regulations to keep undesired uses out of
industrial zones.
Participants in the outreach process noted that there is a lack of certainty and
clarity concerning what criteria the City of Seattle uses to rezone industrial land to
non industrial uses. They suggested that the City should consider ways to create
more certainty and provide more predictability for industrial businesses that want to
make long term investments, and there should be a clear public policy rationale for
whatever criteria are developed.
There appears to be a disconnect between the Industrial zoning currently provides a place for 24 -hour,
Comprehensive Plan's policies regarding industrial noisy operations that are critical to the city's economy.
lands, which advocate for preservation of industrial Criteria that would accommodate more flexible uses
lands, and the City's actual practices regarding issuing would need to explain why these other uses could not
permits for non industrial uses in industrial zones. be accommodated in other areas of the city and the
Clear criteria for rezones need to be developed. effect of new uses on existing businesses.
Pressure on industrial lands, a phenomenon not unique to Seattle, is a major concern
for many industrial business owners. Some participants noted that this pressure is
pushing land costs up, forcing businesses out of Seattle or limiting their opportunities
to expand, and prompting the increasing number of requests for the conversion of
industrial lands to non industrial uses.
Demand for industrial lands in Seattle is strong, with
very low vacancy rates. However, the effect land cost
has on the overall cost of doing business in Seattle
will impact the ability to maintain Seattle's industrial
sectors.
Seattle, along with Chicago, Portland and Vancouver,
B.C., have struggled with maintaining industrial
Other major cities have deemed industrial lands integral to their future success and
have taken significant steps to ensure that success.
In Chicago, Portland and Vancouver, B.C.,
policymakers have concluded that industrial lands are
important public resources that should be preserved.
Other cities' reasons include industrial businesses
providing high paying jobs that do not require a
college education and can often last someone's entire
career, producing additional jobs in related industries,
and helping diversify their city's economy.
Other major cities have instituted zoning areas with
strict regulations designed to protect and foster
their industrial businesses, which emphasize the
need for preservation not just of industrial lands,
but of the businesses in them that could be lost to
even Key Themes identified by fitakehotdrs
e
lands for industrial uses due to widespread speculation
on zoning changes in industrial areas. This has caused
difficulty for industrial businesses trying to locate or
expand in the city.
Many businesses are leaving Seattle for cheaper and
and labor, which is available in surrounding areas in the
region or overseas.
other markets. These zoning areas stabilize land use.
thus giving industrial business owners certainty and
predictability when they're making and use decisions,
thus promoting investment in their properties.
Common elements of these policies include creating
guidelines eliminating or strictly limiting the potential
for land in certain industrial zones to be rezoned and
limiting the type and size of non industrial uses in
industrial areas.
7
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vent Key Themes Idei,t Red by Stakeholders
Different groups of stakeholders have different goals and interests. While many
industrial businesses emphasize preservation or expansion of industrial land for
industrial uses, many industrial land owners believe significant rezoning should
occur. However, land owners exist that also operate businesses on their land
who also advocate for preservation or expansion. There is consensus among all
stakeholders, however, that none of the land currently zoned industrial should be
considered for residential development.
It is important to understand the differences between
industrial tenants, land owners, and land owners who
also operate businesses on their property, and what is
driving each of their interests.
Industrial land owners are concerned that their land
prices as a percentage have gone up less than other
areas of the city.
There is also a concern about the amount of land
recently purchased by public agencies for public uses,
which is creating increased competition for land.
Artists that use land zoned industrial for their
crafts, including wood building, ceramics, and
metalworking, value industrially zoned and and
would like to see more land zoned industrial.
The overall lack of available land may call for the City
being more creative in looking at increasing FAR and
creating more flexibility in the zoning code, which
may help attract other industries. However, many
industrial business tenants believe that allowing
residential uses in to the industrial areas would be
a death sentence to industrial business.This is true
even for new R &D industrial businesses that need the
same kinds of protections industrial zoning provides
to be able to conduct noisy activities at all hours.
To some industrial businesses, the creep of non-
industrial uses into industrial lands is a great concern.
Non industrial businesses often complain about
pollution, noise, light and traffic once they are in
industrial areas, and are capable of litigation over their
complaints.
Overall, zoning changes in industrial areas could create
both opportunity and conflict. Increasing the allowable
uses and density in industrial areas could dramatically
increase the amount of jobs in the area. However, many
of the new businesses who want to move into industrial
zoned areas want corporate campuses, which can
potentially be incompatible with industrial uses.
As the City moves forward with future decisions
regarding large scale requests for rezones of industrial
land to non industrial uses, it should be aware of the
potential there is for setting a precedent with these
decisions. Many stakeholders believe future decisions
made regarding such rezones should be balanced, fair
and equal.
The Port of Seattle container shipping business could
significantly expand, creating economic benefits for
the region if the infrastructure is in place to capitalize
on this opportunity. Rail capacity will require
significant expansion in the coming years if Seattle
expects to take full advantage of trade with Asia.
The introduction of other uses into industrial areas
has created significant traffic congestion. Products in
industrial areas need to be moved by trucks and that
is getting more difficult because of road congestion,
causing delays that are costly to business.
Trucking and freight mobility requires good
sightlines, wider lanes, improvements to the size
E Ke i h
nflfled by
Participants recommended that it is important to consider Seattle and its
infrastructure in a global and regional context.
Industrial businesses vary in how they relate to the
rest of the region and to other locations in the global
market. Many trends affecting industrial businesses
in Seattle are caused by trends in the global market
place, and Seattle must compete with these other
markets to maintain its industrial businesses.
Regionally, some uses may be able to move to the
Green River Valley, but many maritime uses can't just
move to Kent.The Port of Seattle has little ability to
move elsewhere and provides an important resource
to the City's economy.
The city should understand how letting go of industrial
land would, among other things, impact the overall
operations of the Port, the city's revenue and the
continued ability to provide family wage jobs.
S t ake ,E
The stakeholder outreach process identified investment in transportation
infrastructure as one of the best ways to support industrial businesses. Suggested
strategies include improving freight mobility by protecting rail, lessening traffic
congestion, making improvements to the street grid, and reviewing parking policies.
and length of the street grid and a revisiting of roadway
geometrics. In addition some significant challenges exist
when pedestrian and bicycle facilities or street trees
are introduced into these areas, causing conflicts with
freight movement.
More Flexibility is needed for parking regulations in
industrial areas to help serve the broadening needs of
industrial businesses.
Other transportation issues that need to be addressed
include potential dislocation due to changes to the
Viaduct and increased investment in mass transit for the
workforce.
Maintaining and potentially expanding the Port's
resources, as well as maintaining uses adjacent to and
near Port uses that utilize the Port's infrastructure in
some way, are important goals to consider. However, it
should be made clear what the Port's goals are for the
future and how much area needs to be preserved for its
potential expansion.
The City is required to view industrial lands in a regional
context by the Growth Management Act, and should
ensure it is achieving the goals set out by the Act.
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Identifying the Fundamental Questions
After reviewing the key themes that came out of the stakeholder involvement process, the
Commission has developed what we believe are the fundamental questions facing Seattle
regarding industrial lands. These fundamental questions are intended to help define where
the debate is and where the city should focus its efforts in creating a strategy.
110 Is all industrially -zoned land in Seattle sacred? If not,
how do we avoid a haphazard piecemeal approach
to changes?
41" How can the City best balance sustainability and
promotion of industrial businesses with flexibility
and opportunities for other uses? What is the
appropriate definition of an industrial use in the
21st Century?
What is the appropriate public policy rational for
maintaining industrial land? What would be an
appropriate public policy rational for rezoning
industrial land?
What are the advantages for the City in maintaining
land that is zoned for industrial uses? What are the
industries that need specially zoned land that is
separated from commercial, retail and especially
residential? What are those industries value to the
city?
10
SEATTLE PLANNING COMMISSION
OBSERVATIONS AND RECOMMENDATIONS
Crane Study #3 (Sun), 2000
Mary Iverson
Oil on Canvas, 6" x 8" x 1"
Seattle City Light 1% for Art
Portable Works Collection
How can the City best provide certainty and clarity
concerning the future of industrial lands for current
business and land owners? Are there useful zoning
and land use changes that could create more clarity
and certainty and help protect the benefits of
industrial zoning?
What are the goals and expectations we have for
our industrial lands? What are the benefits we want
to preserve (health and safety, family wage jobs,
city revenue, economic diversity)?
What strategies for approaching industrial lands in
other cities have worked best and what are the best
strategies for Seattle? What steps can Seattle take to
improve infrastructure in industrial areas?
What are Seattle's competitive advantages in
the regional marketplace? What are Seattle's
competitive advantages in the global marketplace?
How can these advantages best be maintained
and strengthened? What are the critical assets for
industrial business and how do we sustain and
maintain them?
Providing clarity and certainty about Seattle's industrial lands is essential to
stabilizing speculation and land costs.
The Industrial Lands Strategy should result in
providing certainty with regards to the city's policy
on industrial lands. Other cities have found that
speculation and land costs have stabilized once
clear policies are provided. Some of these cities
are moving towards preservation, others towards
housing, but none are going at it haphazardly, as
Seattle is.
A clear definition of industrial is needed. There are
questions that remain about the ability to include
research and development in industrial areas or
whether if there's no production should these uses
be allowed outright in industrial areas. It will be
important to understand the potential conflicts
between 'new' industry and traditional heavy
industry.
There appears to be little controversy about
maintaining the strong industrial nature in the
majority of areas zoned industrial. A vast majority of
Industry in Seattle is thriving and vibrant.
The extremely low vacancy rates in industrial areas
indicated that industry in Seattle is thriving and
vibrant. When considering action regarding industrial
land, it will be important to consider 'protecting'
or'growing' Seattle's industrial lands, rather than
speaking in terms such as'preserving' industrial land.
The term 'preservation' conjures up a vision of saving
a dying aspect of the city, which is not accurate.
Seattle is a competitor for industrial business in the
regional and global market, and has the opportunity
the current land owners do not believe that residential is
appropriate in industrial areas nor that current industrial
areas should be rezoned to another zoning category that
allows residential.
The geographical areas that elicit the most controversy
amongst stakeholders are the areas immediately south
of downtown, north of Spokane Street and the areas
outside the Manufacturing /Industrial Center (MIC).
These are the places where the majority of speculation
is happening and also where the majority of requests for
changes have occurred.
Current Floor Area Ratio (FAR) and height restrictions
should be reexamined. Adjustment of these restrictions
could promote more investment and growth in
industrial areas. Care should be taken, however, to
examine potential unintended consequences from such
adjustments.
to enhance its competitive advantages. Increasing trade
with other regions could present an opportunity for
increased growth in Seattle's industrial sector, including
expansion of existing businesses and attraction of new
businesses.
Seattle's unique position in regard to transportation
options is largely responsible for the vibrancy of its
industrial sector.The intersection of access to water,
rail, 1 -90 and 1 is an invaluable asset for industrial
businesses, and is what keeps many of them in Seattle
11
69
70
12
i J
a
cas vraeBBons
There is a strong public interest in maintaining,
jobs in Seattle.
Basic industries constitute about 25 percent of the
total employment in the city.
Industrial jobs provide high paying, family -wages
jobs that are especially valuable to those without a
college education. These jobs increase the diversity of
the city.
Industrial land is a limited resource and commodity.
Studies appear to indicate that there is not excess
capacity in the region to meet future land use
demand for industrial businesses.
Once land is converted from industrial uses, it rarely
returns to industrial uses. Profitability drives this
as commercial and residential uses generate more
revenue for land owners than industrial uses.
A variety of factors are putting increasing pressure on
The presence of non industrial uses in industrial
areas raises the economic value of that land and the
expected value of adjacent industrial land, leading
to either prohibitively high rents for industrial
businesses or the desire by the owner to sell and cash
out. Increasing land speculation has a similar effect.
Both trends are having a negative impact on local
industrial businesses.
Factors contributing to the increasing conversion
pressure include proximity to downtown, low
vacancy rates in non industrial zones, current land
use code which permits large scale non industrial
uses, the ability of newer businesses to invest
more heavily in their property and operations,
and increased acquisition of industrial land by
governmental entities, often for conversion to non-
industrial uses.
Industrial businesses have unique and special
Non industrial neighbors are impacted by the
noise, dust, odor and trucks associated with nearby
industrial uses which can lead to restrictions on
industrial operations. This indicates that use and
zoning in areas surrounding industrial lands can be
important factors.
Converting industrial areas to commercial
or residential uses would require substantial
investments in infrastructure. Industrial areas are
characterized by poor roads and drainage, lack of
sidewalks and inadequate access for commuter traffic
and even growing, industrial sector
Seattle has extremely valuable resources in terms of port
and transportation infrastructure that cannot be found
elsewhere.
Seattle is at the center of a land- constrained region
where industrially zoned land is in particularly short
supply when viewed in relation to other uses. Residential
and commercial office uses, for example, both have
identified capacity for 20 years or more of growth at
targeted densities across the county, according to
buildable lands studies and countywide planning
policies.
industrial lands
The growing number of Comprehensive Plan
amendments related to the rezoning of industrial land
to non industrial uses, along with other factors, indicates
the pressure on industrial lands will continue if no
changes are made.
Industrial lands near downtown are reportedly
attractive to new and growing regional employers in
'creative industries' like software and other technology
development. Some of these businesses are attracted to
industrial zoned land because it offers opportunities for
low- scale, single company campus -type development
with large floorplates, while still having proximity to
downtown amenities and a central location.
needs.
that commercial or residential uses would generate.
Manufacturing and industrial and marine related
businesses generally require large tracts of lower cost
land with access to freight transportation, heavy use
utility infrastructure and some separation from non-
industrial uses.
Water- dependant businesses are very important to
Seattle's industrial sector, and require a variety of
infrastructure needs that other businesses do not.
There is a need for investment and preservation in industrial lands- related
infrastructure.
Many industrial businesses require substantial
transportation infrastructure for freight mobility,
including wide turning radii, easy and quick access
to major transportation corridors, and access to
rail and port infrastructure. These businesses also
require investment in public transit options for their
employees. Improvements to this infrastructure could
increase the viability of these businesses. The future
of the Viaduct will have a great effect on freight
mobility, and will need to be considered.
Seattle's Existing
Industrial Uses Map
Industrial Zones Industeal
Existing Land Use
Residential
Office
Retail/Service
MM HemUMotel
Entertainment
taM Mixed Use
Parking
Warehouse
Transit/Uhl/Comm
Insbbtions Public Facilities Schools
Open Space
Water Body
Easement
t{ „a'. Vacant
Unavailable or Unknown
f 5 s
Many of the facilities used by industrial businesses are
aging, and need re- investment.This re- investment may
be difficult for these businesses due to the low- margin
nature of their operations and a lack of capital.
Investment in the remediation of contaminated sites in
industrial lands will be necessary to ensure these sites
and Seattle's industrial lands in general are fully utilized.
13
71
72
eattle Planning Commission Recommendations
Little Ship (T18), 2000
Mary Iverson
Oil on Canvas, 6" x 8" x 1"
Seattle City Light 1 for Art
Portable Works Collection
"Industrial zoned land is a vital civic asset. Because Seattle's industrial businesses
are critical to our city's overall economic health and global competitiveness the City should strengthen
its industrial policies. The retention of industrial land contributes significantly to Seattle's family wage job
base, provides significant tax revenue to the city and is essential in providing stability to our economy.
We are a growing city with lots of competition for scarce land. This competition has created the need
for quick action to protect and provide certainty for industrial land. Seattle's industrial zoned land
provides a sanctuary to industrial business in a tight land market and once converted is not likely to
be replaced. The industrial sector contributes to the City's diverse economy, which protects us from
economic downturns and preserves our quality of life. In the past, the industrial sector has served as
a counterbalance to the cyclical nature of other industries. This sector also provides the mainstay of
middle income jobs to individuals without higher education. These factors should be highly valued when
we consider `highest and best use' of our scarce land." Seattle Planning Commission, July 2, 2007
14
Generally, the policies outlined in Seattle's Comprehensive Plan continue to be relevant
and appropriate framework guidelines for the treatment of Seattle's industrial areas and
illustrate the City's historical support for the unique needs of industrial business. However,
the City should look for additional ways to strengthen and expand Comprehensive Plan
policies to reinforce their commitment to protecting industrial areas in the City.
ring Com f°EiS RecotTomen Eons
The City should align its zoning and land use policy to ensure the integrity of
Seattle's vibrant industrial businesses.
In order to preserve and foster Seattle's industrial
businesses, the city should not reduce the geographic
area of its General Industrial 1 (IG1) and General
Industrial 2 (IG2) zones. It should reexamine the and
use code restrictions in these zones, however, in the
manner documented below. Industrial Commercial
(IC) may need some adjustment, both in terms of
geographic area and land use code restrictions. When
examining IC zones, the City should look again at the
constraints in these zones to ensure the City's policies
regarding retail and office uses are focused on
creating employment centers.The City should ensure
enough flexibility exists to foster employment centers
that can exist and thrive in IC zones.
The allowance of excessive amounts of retail
and commercial uses in industrial zones has
compromised the integrity of Seattle's industrial base.
We recommend that the City significantly restrict
the amount of retail and commercial uses that are
allowed in industrial zoned areas. Small retail uses are
important to the functioning of the industrial areas;
by limiting the size of these uses, we expect that
new retail uses will be those that primarily support
the industrial area.These size limitations may vary
between IG and IC zones, such as creating stricter
size limitations in IG zones than in IC zones, to best
foster the intended uses for each zone. For example,
Portland's "industrial sanctuary" zones limit retail and
office primary uses to up to 3,000 square feet outright
The City should implement a variety of land use
and provide clarity regarding industrial lands.
Seattle should tighten its land use practices by putting
limits on conditional uses and special purpose overlays
that change the nature of industrial areas.
The City should treat and in Seattle's MIC as an area
that requires additional sanctuary from uses that de-
grade and compromise industrial uses. Seattle should
consider applying some of the strategies used by
cities regarding 'industrial sanctuaries'to Seattle's MICs.
and 25,000 square feet or 1:1 Floor Area Ratio with a
conditional use. In order to obtain a conditional use, the
use "needs to bedocated in the industrial area or building
because industrial firms or their employees constitute
the primary market of the proposed use." In Chicago,
general retail sales uses are limited to 3,000 square feet,
and must be accessory sales of goods produced on -site.
Generally, office uses are limited to 9,000 square feet, a
reuse of an existing building, or as an accessory to the
allowed industrial use.
Residential uses should continue to be expressly
prohibited in industrial zones. In Seattle's land use code,
residential uses are currently allowed in Single Family
zones, Multifamily zones, most commercial zones and in
the Seattle Mixed zone. Single Family and Multifamily
zones comprise close to 80 percent of Seattle's total
and acreage. Consistent with the Comprehensive Plan,
residential uses should continue to be encouraged and
focused in a way consistent with Seattle's Urban Village
Strategy, focusing the bulk of residential growth in
Urban Centers that are served by infrastructure.
The City should carefully and clearly define what
constitutes an industrial use in order to provide more
clarity for land owners, potential developers and new
businesses that may want to locate in Seattle.
Public agencies should be discouraged from locating
inappropriate uses that disrupt the industrial nature of
these areas.
and zoning strategies to stabilize
Contract rezones should be severely limited and only
allowed in special circumstances when there is a well
documented public policy rationale for doing so. The
city should outline clear and understandable criteria for
meeting a high threshold.
In order to provide certainty and stability to the
industrial areas the City should refrain from entertaining
requests to rezone major portions of industrial land.
The City should increase enforcement of uses to ensure
that only industrial uses are occurring in industrial zones.
15
73
74
Seattle Planning Commission Recommendations
16
Any adjustments to Seattle's industrial lands strategy should be based on well
documented data which accurately measure the success of its industrial land
policies.
The City should conduct ongoing monitoring and
measurement of vacancy and utilization rates on
industrial lands. Periodic reports should be created
and analyzed to confirm issues and opportunities
related to how these lands are utilized, and the
results from such studies shall assist DPD, the Seattle
Planning Commission, and the Executive in analyzing
and acting upon any related Comprehensive Plan
amendments.
The city should continue to track wage and employment
information regarding industrial jobs, to determine
if industrial policies are working to preserve family
wage jobs, including jobs that do not require a college
education.
Seattle's port and transportation infrastructure puts it at a distinct competitive
advantage. These resources should be protected, and infrastructure investment
plans should be developed for Seattle's industrial areas.
Seattle is an important seaport for international trade
and cargo shipping. This sector of Seattle's economy
is vital and should be specifically protected from uses
that will negatively impact the efficient movement
of freight and Seattle's competitiveness in the global
economy.
The City should create an industrial infrastructure
strategy to accompany the Industrial Lands Strategy
that will build on the industrial needs and focus of
the industrial areas.
Investment in transportation infrastructure that supports
industrial business and its workforce is essential. As
jobs and housing growth continues, the transportation
network is becoming more constrained. Freight mobility
and the movement of cargo should be a significant
priority in local and regional transportation investments.
Single occupancy vehicle trips through and to the
industrial areas should be discouraged. Transportation
agencies should work closely with major employers to
take advantage of existing public transit amenities that
serve the worker in these areas to minimize the adverse
impacts of increased traffic in industrial areas.
The City should examine the current capacity for research and development
(R&D) businesses in land currently zoned Commercial, Seattle Mixed, and Industrial
Commercial before rezoning lands to accommodate these uses. Sufficient capacity
may already exist for these businesses, and creating new land for these uses may
not be necessary.
The City should clearly articulate the difference
between R &D that has a valid and compelling need
to be located in an industrial area versus those that
act more as a typical office use. Only R &D that has a
clear and compelling reason to be in industrial areas
should be permitted and should be focused in land
zoned IC.
The City should specifically consider where best to
accommodate the needs of'cleaner and quieter'
industrial businesses such as high tech R &D and
biotech. High tech R &D and other'new'industrial
businesses are currently allowed in land zoned
Commercial, Seattle Mixed, and Industrial Commercial
where infrastructure exists and conflicts with other
industrial users can be minimized.
After examining current capacity, the City could consider
allowing greater flexibility including density, Floor Area
Ratio and heights in a areas currently zoned IC, Seattle
Mixed or Commercial to accommodate the different
needs of the 'cleaner and quieter' industrial businesses
that have a specific need to be in industrial zoning.
We hope that this document will be of assistance as the City
finalizes its Industrial Lands Strategy. The Commission will
continue to be involved in reviewing the final proposal and
will assist Council as they review the proposal. We hope
we can continue to be a resource for policymakers as they
grapple with this complex and important issue.
With this document, the Commission has attempted to
create a framework to guide the manner in which the City
handles future decisions regarding the vital resources that
are Seattle's industrial lands. We hope it will serve as such a
guide for long after its completion.
Our intent is to advocate for an Industrial Lands Strategy that
will provide more clarity and certainty about industrial areas
and the City's continued commitment to industry in Seattle.
The Commission strongly believes that decision making
concerning Seattle industrial zoning should be based on an
informed and well- thought out strategy.
The Commission would like to take this opportunity to thank
the Mayor's office, the Urban Development and Planning
Committee of the Seattle City Council, the Department of
Planning and Development, and the Office of Economic
Development for their hard work and assistance in creating
a Strategy. We would also like to thank industrial businesses
and land owners, stakeholders and members of the public
who attended workshops, provided written comments or
made comments at public meetings. We have sincerely
appreciated the opportunity to assist the City of Seattle
in reviewing its industrial lands policies and making
recommendations for the future of Seattle's industrial lands.
ACKNOWLEDGEMENTS
Linda Amato Martin Henry Kaplan
Hilda Blanco Kay Knapton
George Blomberg Amalia Leighton
Mahlon Clements Robin Magonegil
Tom Eanes M. Michelle Mattox
Jerry Finrow Justin McCaffree
Chris Fiori Kevin McDonald
Marshall Foster Kirstin Pennington
Colie Hough -Beck Steve Sheehy
Mark Johnson Carl See
Valerie Aleta Kinast Tony To
Crane Study #4 (Pipes, 2000
Mary Iverson
Oil on Canvas, 7" x 5" x 1"
Seattle City Light 1% for Art
Portable Works Collection
Analysis, Production and Writing: Barbara E. Wilson
Casey Mills
Graphic Design: Liz Martini Maps: Jennifer Pettyjohn
Photos: Liz Martini, Scott Dvorak, Municipal Archives et al.
Special Thanks to:
Ron Borowski, Moon Callison, Nora Curry, Councilmember
Conlin, Deputy Mayor Ceis, Christina DeMarco, Scott Dvorak,
Tom Hauger, Steve Kountz, Phil Lutes, Laura Lutz, John
Rahaim, Mary Jean Ryan, Eric Schinfeld, Susan Shannon,
Councilmember Steinbrueck, Valauri Stotler, Diane Sugimura,
Brian Surratt, Philipp Schmidt Pathmann, Nathan Torgelson,
and all of the stakeholders and members of the public who
generously donated their time and energy to provide us with
your thoughts, perspectives and expertise.
17
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Seattle Planning Commission
700 Fifth Ave, Suite 2000
PO Box 34019
Seattle, WA 98124 -4019
Phone: 206 684 -0433
Planning Commission publications can be found on its website
at: http:// www. seattle.gov /planningcommission/
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SRFB- northwinds.aspx
Family Movie Night
on the Big Screen
Tukwila Community Center
gym. Doors open at 6:00
PM; movie starts at 6:30.
Cost is $3.00 per person, or
$10.00 per family of 4.
The Community Center will be
collecting items benefiting
local non-profit organizations
each movie night.
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Crime Hot Spots Task Force: 3rd Thurs., 10:00 AM, Conf. Room 85. Contact Phi Hoynh at 206 -433 -7175.
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 83. Agenda items for 2/17/10 meeting: (A) Hazard mitigation
plan. (B) 2009 Fourth Quarter Report. (C) Pre retreat budget review.
3" Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2342.
3- Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342.
Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 81. Agenda items for 2/16/10 meeting: (A) Macadam Road
Bridge Soffit Repairs Project completion and acceptance. (B) 2009 Fourth Quarter Report. (C) Pre retreat budget review.
Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact .Pat Brodin at 206 -433 -1860.
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Tentative Agenda Schedule
February 1
15th
Presidents Day
(City offices closed)
March 1
Special Presentation:
State of the
Municipal Court
(Kimberly Walden,
Municipal Court Judge
Proclamation:
Census proclamation
Public Hearing:
Ordinance relating
to the siting and
operation of crisis
diversion facilities
and crisis diversion
interim service
facilities
Unfinished Business:
Resolution setting
green fees for Foster
Golf Course
New Business:
Ordinance relating
to the siting and
operation of crisis
diversion facilities
and crisis diversion
interim service
facilities
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8
April 5 12
Special Presentation:
Chamber of
Commerce 2009
year -end report
(Nancy Hinthorne,
President)
16 (Tuesday)
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19
See agenda packet
cover sheet for this
week's agenda
(February 16, 2010
Committee of the Whole
Meeting)
Special Presentation:
Introduction of new
police officers
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Special Presentation:
Update on Indirect
Cost Plan (Peter Moy,
FCS Group, Inc.)
Special Issues:
Bid award for
Duwamish
Riverbend Hill
Resolution setting
green fees for Foster
Golf Course
Discussion of City
Council draft
procedures
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COMMITTEE OF THE
WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING