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Home My WebLink AboutReg 2010-05-03 COMPLETE AGENDA PACKET �J ILA pi, Tukwila City Council Agenda 4 s REGULAR MEETING J Haggerton, Mayor Councilmembers: Joe Duffie Joan Hernandez Steve Lancaster, City Administrator Allan Ekberg Verna Seal Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn Monday, May 3, 2010; 7:00 PM Ord #2285 Res #1712 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Briefing from Miyoshi Delegation; Wayne Smith, Sister Cities Committee. PRESENTATIONS b. Museum of Flight Update; Dr. Bonnie Dunbar, President and CEO 3. 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. 4. CONSENT a. Approval of Minutes: 4/19/10 (Regular). AGENDA b. Approval of Vouchers. 5. PUBLIC a. An ordinance amending various ordinances, as codified at Tukwila Municipal Pg.1 HEARINGS Code Title 18, "Zoning Code," to incorporate definitions of diversion facility and diversion interim services facility; to clarify definitions of convalescent /nursing home, outpatient medical clinic and hospital; and to update the Zoning Code and its provisions for such uses. Public hearing continued from April 12, 2010, b. An ordinance of the City Council of the City of Tukwila, Washington, establishing P9.51 a moratorium on the filing of applications for development permits for food or drink establishments conducting social card game gambling activities; and adopting findings of facts supporting the establishment of the moratorium. 6. UNFINISHED a. Authorize the Mayor to sign an application for Community Development Block Pg.57 BUSINESS Grant funds for the 2011 Minor Home Repair Program to serve the cities of Tukwila, SeaTac, Des Moines, and Covington in the amount of $110,000.00. b. An ordinance vacating certain property located within the City dedicated for Pg.59 street purposes generally described as approximately 60 feet by 85 feet along 14403 51s Avenue South and within a portion of Old Macadam Road. c. An ordinance amending various ordinances, as codified at Tukwila Municipal Pg.1 Code Title 18, "Zoning Code," to incorporate definitions of diversion facility and diversion interim services facility; to clarify definitions of convalescent /nursing home, outpatient medical clinic and hospital; and to update the Zoning Code and its provisions for such uses. d. An ordinance related to land use and zoning; adopting findings of fact P9.51 supporting the moratorium adopted by Ordinance No. 2279, which moratorium shall be in effect for a period of six months. (for social card game businesses) e. Noise Regulations: Pg.67 1. An ordinance updating regulations relating to noise, as codified at Tukwila Pg.73 Municipal Code Chapter 8.22, to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. 2. An ordinance amending Tukwila Municipal Code Title 18, "Zoning Code," to Pg.81 clarify and update its provisions to reflect changes to Tukwila Municipal Code Chapter 8.22, relating to "Noise." 3. A resolution amending Resolution No. 1672 to include a Noise Fee Schedule. Pg.85 f. A resolution authorizing the Mayor to enter into an Interlocal Agreement with Pg.87 King County related to processing of building permits and land use applications filed prior to the effective date of the Tukwila South annexation area. g. A resolution establishing the meeting schedule for City Council Committees. Pg.101 h. Draft Agenda for Joint Meeting with the Tukwila School District. Pg.105 Tukwila City Council Agenda REGULAR MEETING May 3, 2010 Page 2 7. NEW BUSINESS 8. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 9. MISCELLANEOUS 10. EXECUTIVE 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. REVIEWED BY MTG. DATE I. 2/22/10 3/15/10 4/12/10 5/3/10 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Pq ncil review 02/22/10 BM 03/15/10 1 BM 04/12/10 1 BM 05/03/10 1 BM ITEM::INFO;RMATION ORIGINAL AGENDA DATE: FEBRUARY 22, 2010 ITEM No. CAS NUMBER: 10 -020 ;AGENDA ITEM TITLE Siting of Crisis Diversion Crisis Diversion Interim Service Facilities within the City CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 3/15/10 Mtg Date Mtg Date Mtg Date 5/3/10 Mtg Date Mtg Date 4/12 &5 /3 Mtg Date 'SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S SUMMARY On February 22, 2010, the City Council referred a proposed code amendment regarding Crisis Diversion and Crisis Diversion Interim Service Facilities to the Planning Commission for their review and recommendation. On February 25, 2010, the Planning Commission conducted a public hearing and is recommending to the City Council that Crisis Diversion and Crisis Diversion Interim Service Facilities be allowed in the Tukwila Urban Center (Southcenter) area of the City via an Unclassified Use Permit. A public hearing was held on April 12, 2010. The City Council decided to keep the public hearing open through the May 3, 2010 Regular Council Meeting. COW Mtg. Utilities Cmte DATE: 3/8/10 Unanimous Approval; Forward to Committee of the Whole RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMIn EE Planning Commission (2/25); Community Affairs and Parks (3/8) EXPENDITURE REQUIRED COST CA &P Cmte Arts Comm. 2/22/10 Forward to the Planning Commission 3/15/10 Briefing of proposed recommendations by the Planning Commission 4/12/10 Public Hearing continued to 5/3/10 MTG. DATE: ATTACHMENTS AMOUNT BUDGETED F &S Cmte n Parks Comm. OURCE Transportation Cmte n Planning Comm. APPROPRIATION REQUIRED Informational Memorandum dated 2/13/10 City's Public Records Requests to King County, dated 9/15/09 and 12/22/09 Informational Memorandum dated 3/9/10 (Revised after CAP to include public hearing date) Revised Bus Route Information for the MIC area (attachment bb of 2/18 Staff Report) Minutes from the Community Affairs and Parks Committee meeting of 3/8/10 Staff Report to the Planning Commission dated 2/18/10 with attachments Informational Memorandum dated 4/6/10, Draft Ordinance, 3/8/10 CAP minutes Informational Memorandum dated 4/27/10 Draft Ordinance MIDD Oversight Committee Meeting Notes dated 2 /25/10 Email from Amnon Shoenfeid from King County dated 3/30/10 Map of Commercial/Light Industrial properties along West Valley Highway 2 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Nora Gierloff, Deputy Director DATE: April 27, 2010 SUBJECT: Zoning Code Changes Relating to the Siting and Operation of Crisis Diversion Facilities (CDF) and the Crisis Diversion Interim Service Facilities (CDIS) ISSUE Continuation of the public hearing on an ordinance to modify the zoning code relating to the siting and operation of crisis diversion facilities (CDF) and crisis diversion interim service facilities (CDIS). BACKGROUND On April 6, 2010, the City Council conducted a public hearing on a recommendation from the Planning Commission to allow CDF and the CDIS facilities within the Tukwila Urban Center as an unclassified use. As you may recall, the County's criteria for locating these facilities is: "Centralized location with easy access and at least two routes to the facility by freeway /and or major arterials. Routes to access= Eastside: -405 and 1 -5; Seattle Hwy 99, Hwy 509 and 1 -5; Northside: Hwy 99, Hwy 99, Hwy 509 and 15; Southside: Hwy 167, EastNVest Valley Hwy' The County also noted several other factors that needed to be available in order for the CDF and the CDIS to be sited: 1. Minimum of 7200 square feet for the CDF facility (which will include office space for the Mobile Crisis Team, police, Designated Mental Health Professionals and other professionals). The space requirement of the 7200 square feet does not assume that the space is all contiguous. The applicant shall explain the space configurations and accessibility to office spaces in adjacent parts of the building. 2. The ability of the CDF and the CDIS to be co- located or with close proximity. 3. Accessible to a metro bus route. 4. Easy access for law enforcement and ambulance. The recommendation of allowing the CDF and /or the CDIS within the Tukwila Urban Center meets and in fact exceeds the County's specific requirements. As was noted in the Planning Commission staff report, dated February 18, 2010, the Tukwila Urban Center provides the needed access from major freeways and /or arterials, while also providing access to transit. 1 King County's RFP# 1056 -10 -RLD, advertised March 11, 2010 2 King County's RFP# 1056 -10 -RLD, advertised March 11, 2010 B. Miles Page 1 C: \temp\XPgrpwise \Regular Memo, 2010.05.03_1.doc Jim Haggerton, Mayor 04/29/2010 3 4 INFORMATIONAL MEMO Page 2 During the public hearing on April 12, 2010, Graydon Andrus with Downtown Emergency Service Center (DESC) spoke about the proposed ordinance. DESC has extensive knowledge regarding the needs of people with mental health and /or chemical dependency issues. Mr. Graydon stated "that DESC is a multi service agency focused on providing service to homeless adults, and providing a range of services to meet all of the various needs Mr. Andrus voiced concern with locating the proposed program near the Southcenter Mall. He testified that the area around the mall was not "remote" enough and that the consumers could be distracted by the mall and other commercial activities which could interfere with the ability to provide for the consumers' treatment needs. Mr. Andrus indicated that locating the CDF near the transit center was not needed in order for the program to succeed. He noted that the provider would provide transportation for the consumers of the CDF and /or the CDIS. The recommendation from the Planning Commission put a considerable amount of emphasis on the need for transit near the CDF and /or the CDIS. This was based on the fact that in the initial RFP that was issued in August of 2009, the County required that providers be responsible for getting people away from the CDF and that providing bus tickets was acceptable. Additionally, staff also reviewed background documents which noted the importance of having the facility near transit. In the meeting notes from the MIDD Strateav 10b /CDF Plannina Group dated April 20. 2009 it was noted, "The CDF should be on a major bus line, so that it's easy to get to for family members, friends, and clients themselves to get to The City shared the County's concern that consumers of these services be returned to their neighborhood of origin when finished with the clinical program. Thus, locating these facilities in an area with the most bus routes met both the City's and County's goal. In an email dated March 30, 2010, King County staff clarified the transit requirements for the CDF and CDIS (See Attachment B): "The RFP requirement is that the CDF be "accessible to a Metro bus route". We do not anticipate that very many people will come to the facility by bus or need or use bus transport when they leave the facility, but we wanted to have that as an option. Access to one bus route is sufficient from our perspective. People can always transfer to and from other bus routes" During the April 12, 2010 public hearing, concern was also noted by DESC that the geographic area identified in the proposed ordinance was too small. An attorney for Westfield, LLC noted concerns with locating the proposed facilities in the City's Urban Center. DISCUSSION A significant amount of new information was provided to the City on the locational needs of the CDF and CDIS at the public hearing on April 12, 2010. Specifically, 1. That the CDF /CDIS location should be in area free of external distractions (i.e. The Mall and other retail activities); and 2. That proximity to one bus route will satisfy the County's criteria After receiving this new information, the City Council kept the public hearing open and requested that staff examine alternative locations for the CDF and the CDIS. Using the criteria established by the County and the information that was provided at the public hearing, staff has started to examine the West Valley Hwy area of the City to determine the appropriateness of locating the CDF and the CDIS in that area. C:ltemp\XPgrpwise\Regular Memo, 2010.05.03_1.doc INFORMATIONAL MEMO Page 3 The area being examined by staff is the commercial /light industrial property located south of Strander Blvd. Staff's initial review appears to show that the West Valley Hwy area meets the County's location requirements: 1. The area has access to at least two major arterials which are West Valley Hwy and S. 180 Street. The area can also be easily accessed from 1 -5, 1 -405, and SR 167; and 2. At least one bus route is provided in the area. Additionally, the area is free of external distractions that were noted as a concern by DESC at the April 12 public hearing. The proposed area will be significantly larger than what is proposed in the current ordinance. At tonight's meeting the Council can choose to act on the proposed ordinance recommended by the Planning Commission to allow the CDF and /or CDIS to locate within 1/2 mile of the transit center in the Urban center via an unclassified use permit. The City Council can also choose to keep the public hearing open while staff further examines the West Valley Hwy area. RECOMMENDATION Continue the public hearing until the May 17, 2010 regular City Council Meeting. Staff will prepare a substitute ordinance siting the CDF and CDIS along West Valley Hwy, that the Council can consider at the May 17, 2010 meeting. ATTACHMENTS A. MIDD Oversight Committee Meeting Notes, February 25, 2010 B. Email from Amnon Shoenfeld, King County to Brandon Miles, City of Tukwila dated March 30, 2010 C. Map of Commercial /Light Industrial properties along West Valley Hwy C:ItemplXPgrpwise \Regular Memo, 2010.05.03_ 1.doc 5 6 pity of Tukwiia Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO INCORPORATE DEFINITIONS OF DIVERSION FACILITY AND DIVERSION INTERIM SERVICES FACILITY; TO CLARIFY DEFINITIONS OF CONVALESCENT/NURSING HOME, OUTPATIENT MEDICAL CLINIC AND HOSPITAL; AND TO UPDATE THE ZONING CODE AND ITS PROVISIONS FOR SUCH USES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in October 2007, the King County Council passed Motion 12598, adopting the Mental Illness and Drug Dependency (MIDD) Action PIan, whose goal was "to prevent and reduce chronic homelessness and prevent and reduce unnecessary involvement in the criminal justice and emergency medical systems, and promote recovery for persons with disability mental illness or drug dependency by implementing a full continuum of treatment, housing and case management services and WHEREAS, in November 2007, the King County Council adopted Ordinance No. 15949, which increased King County's sales tax by one -tenth of a percent. The funds raised by the sales tax increase are intended to pay for the programs outlined in the MIDD Action Plan; and WHEREAS, one of the strategies of the MIDD Action Plan is the funding and operation of crisis diversion services in King County, which will be available to individuals who axe in mental illness and /or chemical dependency crisis; and WHEREAS, King County has noted the importance of crisis diversion facilities in order to provide services and treatment for people suffering from mental illness and /or chemical dependency; and WHEREAS, King County's diversion services will accept individuals from hospitals, emergency rooms, ambulances and police agencies throughout King County; and WHEREAS, King County has noted the importance of having crisis diversion facilities centrally located in order for police agencies throughout King County to be able to easily transport individuals to and from the facilities; and WHEREAS, in August 2009, King County issued a request for proposal soliciting proposals from third parties to operate a crisis diversion facility and a crisis diversion interim service facility; and WHEREAS, the City's Zoning Code does not address the operation of crisis diversion facilities or crisis diversion interim service facilities; and WHEREAS, on September 8, 2009, the Tukwila City Council adopted a six-month moratorium on the acceptance and processing of applications to establish and operate crisis diversion and crisis diversion interim service facilities within the City in order to allow City staff time to study the County's proposed plans; and WHEREAS, the City desires to accommodate King County's Diversion Program while also ensuring compliance with the City's Comprehensive Plan and King County Countywide Planning Policies; and WHEREAS, the Zoning Code of the City of Tukwila establishes permit processes for various uses and the City wishes to expand those procedures to include crisis diversion facilities and crisis diversion interim facilities; and WHEREAS, given the unique nature of crisis diversion facilities, it is important to clarify the definitions of hospital, outpatient medical facilities and nursing homes; and WHEREAS, on February 12, 2010, the Director of Community Development determined the proposed code changes do not have a probable significant adverse impact on the environment and issued a Determination of Non Significance; and W: \Word Processing \Ordinances \Diversion Facilities Tide 18 strikeHvu.docx MD:ksn 04 /07/2010 Page 1 of 35 7 8 WHEREAS, on February 12, 2010, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to modify its Zoning Code; and WHEREAS, on February 25, 2010, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Zoning Code and adopted a motion recommending the proposed changes; and WHEREAS, on April 12, 2010, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; and WHEREAS, the Tukwila City Council has reviewed the staff report, dated February 18, 2010, with supporting attachments, and the recommendation of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definition Added. A new definition is added to TMC Chapter 18.06 to read as follows: "Diversion facility" is a facility that provides community crisis services, which diverts people from jails, hospitals or other treatment options due to mental illness or chemical dependency. Section 2. Definition Added. A new definition is added to TMC Chapter 18.06 to read as follows: "Diversion interim services facility" is a facility that provides interim or respite services, such as temporary shelter, medical /mental health treatment, case management or other support options such as transportation arrangements for patients who are referred to such a facility from a diversion facility. Section 3. Ordinance Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.06.150, is amended to read as follows: "Outpatient nwdicai clinic" means a building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses and /or practitioners and does not include overnight care facilities, This cateeory does not include diversion facility or diversion interim services facility. Section 4. Ordinance Amended. Ordinance No. 1976 §13, as codified at TMC Section 18.06.173, is amended to read as follows: "Convalescent /nursing home" means a residential facility, such as a hospice, offering 24 -hour skilled nursing care for patients suffering from an illness, or receiving care for chronic conditions, mental or physical disabilities or alcohol or drug detoxification, excluding correctional facilities. Care may include in- patient administration of special diets, bedside nursing care and treatment by a physician or psychiatrist. The star in a convalescent /n.ursinv home is in excess of 24 consecu five hours. This category does not include diversion facility or diversion interim services facility. Section 5. Ordinance Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.06.435, is amended to read as follows: "Hospital" means a building reuuirine a license pursuant to Chanter 70.41 RCW designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes diversion facility /diversion interim services facility and outuatient medical clinics are not included. Section 6. Ordinance Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.06.700, is amended to delete the definition for "Sanitarium." I-Sa taiti earar, a fac li esigned-an care, trca tent— d housing of persons with specific cluoni: diseo„es. Convtics.... omc.> arc not included. Section 7. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 §7, 1830 §5,1814 §2 and 1758 §1, as codified at TMC Section 18.16.020, are amended to read as follows: 18.16.020 Permitted Uses. The following uses are permitted outright within the Mixed -Use Office District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Billiard or pool rooms. Word Processing Ordinances \Diversion Facilities Tide 13 sh9kethru.docx MD:ksn 04 /07/2010 Page 2 of 35 5. Brew pubs. 6. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 7. Computer software development and similar uses. 8. Convalescent and nursing homes for not more than 12 patients. 9. Daycare centers. 10. Dwelling one detached single family dwelling per existing lot. 11. Dwelling multi- family units above office and retail uses. 12. Dwelling senior citizen housing as a freestanding use subject to additional requirements. 13. Financial, banking, mortgage and other services. 14. Fraternal organizations. 15. Laundries: a. self service b. dry cleaning c. tailor, dyeing 16. Libraries, museums or art galleries (public). 17. Medical and dental laboratories. 18. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial Du.:YOtient- Spa- tieit, and cn eliey- iiredic -aI and dental con.:_.2..::a4- seeviees. 19. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses or commercial recreation. 20. Recreation facilities (commercial indoor), athletic or health clubs. 21. Religious facility with an assembly area less than 750 square feet. 22. Restaurants, including cocktail lounges in conjunction with a restaurant. 23. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 24. Retail sales as part of a planned mixed -use development, where at least 50% of gross leasable floor area development is for office use; no auto oriented retail sales (e.g., drive -ins, service stations). 25. Schools and studios for education or self improvement. 26. Shelters. 27. Studios art, photography, music, voice and dance. 28. Telephone exchanges. 29. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. W: \ward Processing Ordinances \Diversion Facilities Title 18 striketluu.doc, MD:ksn 04 /07/2010 Page 3 of 35 9 10 Section 8. Ordinances Amended. Ordinance Nos. 2135 96, 1865 916, 1830 96 and 1758 91, as codified at TMC Section 18.16.040, are amended to read as follows: 1816.040 Conditional Uses. The following uses may be allowed within the Mixed -Use Office District, subject to the requirements, procedures and conditions established by TMC Chapter 18,64, Conditional Use Permits: 1. Bed and Breakfast lodging. 2. Cemeteries and crematories. 3. Religious facility with an assembly area greater than 750 square feet and community center buildings. 4. Colleges and universities. 5. Convalescent and nursing homes for more than 12 patients. 6. Electrical substation distribution. 7. Fire and police stations. 8. Hospitals., .snnibriunn3, or ci>nila sns, 9. Park -and -ride lots. 10. Radio, television, microwave or observation stations and towers. 11. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 12. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 9. Ordinances Amended. Ordinance Nos. 2097 99, 1986 95, 1976 928, 1971 97, 1830 95,1814 92 and 1758 91, as codified at TMC Section 18.18.020, are amended to read as follows: 18.18.020 Permitted Uses. The following uses are permitted outright within the Office District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Beauty or barber shops. 2. Bicycle repair shops. 3. Brew pubs. 4. Computer software development and similar uses. 5. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 6. Convalescent and nursing homes for not more than 12 patients. 7. Daycare centers. 8. Dwelling one detached single family dwelling per existing lot. 9. Financial, banking, mortgage other services. 10. Fraternal organizations. 11. Laundries: a. self service b. dry cleaning c. tailor, dyeing 12. Libraries, museums or art galleries (public). 13. Medical and dental laboratories. 14. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 15. Outpa •e et-en eegency medical and derrital eeiyuy. .:r ri.z'_ cervices W:\ Word Processing Ordinances \Diversion Facilities Title 18 strikethn,.dcxx MD:ksn 04 /07/2010 Page 4 of 35 15. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation. 16. Recreation facilities (commercial indoor), athletic or health clubs. 17. Religious facility with an assembly area less than 750 square feet 18. Restaurants, including cocktail lounges in conjunction with a restaurant. 19. Retail sales, as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto oriented retail sales (e.g., drive -ins, service stations). 20. Schools and studios for education or self improvement 21. Shelters. 22. Studios art, photography, music, voice and dance. 23. Telephone exchanges. 24. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 10. Ordinances Amended. Ordinance Nos. 2135 §7, 1976 §33, 1865 §19, 1830 §9 and 1758 §1, as codified at TMC Section 18.18.040, are amended to read as follows: 18.18.040 Conditional Uses. The following uses may be allowed within the Office District, subject to the requirements, procedures and conditions established by TMC Section 18.18.64, Conditional Use Permits: 1. Cemeteries and crematories. 2. Religious facility with an assembly area greater than 750 square feet and community center buildings. 3. Colleges and universities. 4. Convalescent and nursing homes for more than 12 patients. 5. Electrical substations distribution. 6. Fire and police stations. 7. Hospitals., sanitarhurs, sr irxilar ijsti tutioxs 8. Park -and -ride lots. 9. Radio, television, microwave or observation stations and towers. 10. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 11. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 11. Ordinances Amended. Ordinance Nos. 2097 §12, 1976 §36 and 1758 §1, as codified at TMC Section 18.20.020, are amended to read as follows: 18.20.020 Permitted Uses. The following uses are permitted outright within the Residential Commercial Center District, subject to con with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Computer software development and similar uses. 5. Daycare centers. 6. Dwelling one detached single family dwelling per existing lot. 7. Dwelling multi- family units above office and retail uses. 8. Fix -it, radio or television repair shops /rental shops. 9. Greenhouses or nurseries comrercial). 10. Laundries: a. self service b. dry cleaning W: \Word Processing\ Ordinances Diversion Facilities Title 23 strikethru.docx MD:ksn 04 /07/2010 Page 5 of 35 11 12 c. tailor, dyeing 11. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, including. a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 12. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 13. Religious facility with an assembly area less than 750 square feet. 14. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 15. Schools and studios for education or self improvement. 16. Studios art, photography, music, voice and dance. 17. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 12 Ordinances Amended. Ordinance Nos. 2097 §13, 1976 §40, 1954 §1, 1830 §11, 1814 §2 and 1758 §1, as codified at TMC Section 18.22.020, are amended to read as follows: 18.22.020 Permitted Uses. The following uses are permitted outright within the Neighborhood Commercial Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and/ or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs; c. bags, brooms, brushes, canvas, day, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, the and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk -in basis; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk -in basis and meeting the City's performance standards. W: \Word Processing\ Ordinances\ Diversion Facilities Title 18 shikethru.docx MD:ksn 04/07 /2010 Page 6 of 35 8. Cabinet shops or carpenter shops employing less than five people. 9. Computer software development and similar uses. 10. Convalescent and nursing homes for not more than 12 patients. 11. Day care centers. 12. Dwelling one detached single- family dwelling per existing lot 13. Dwelling multi- family units above office and retail uses. 14. Financial: a. banking b. mortgage c. other services 15. Fix-it, radio or television repair shops /rental shops. 16. Fraternal organizations. 17. Frozen food lockers for individual or family use. 18. Greenhouses or nurseries (commercial). 19. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 20. Libraries, museums or art galleries (public). 21. Offices, when such offices occupy no more than the first two stories of the building, or basement and floor above, or three stories, in the Urban Redevelopment Area along Tukwila International Boulevard, including: a. outnati.ent medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 22. Outpatient, inpati_n`, a3_d r-: °.dical and .fa_ -`a 22. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 23. Plumbing shops (no tin work or outside storage). 24. Recreation facilities (commercial indoor), athletic or health dubs. 25. Religious facility with an assembly area less than 750 square feet. 26. Restaurants, including cocktail lounges in conjunction with a restaurant. 27. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 28. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 29. Schools and studios for education or self improvement. 30. Studios art, photography, music, voice and dance. 31. Telephone exchanges. 32. Theaters, excluding adult entertainment establishments, as defined by this Code. 33. Wholesale or retail sales offices or sample rooms, with less than 50% storage or warehousing. 34. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 13. Ordinances Amended. Ordinance Nos. 2021 92, 1986 97, 1971 910, 1865 927, 1830 914, 1814 92 and 1758 91, as codified at TMC Section 18.24.020, are amended to read as follows: 144 \Word Processing Ordinances \Diversion Facilities Tithe 18 snikethw.docx MD:ksn 04 /07/2010 Page 7 of 35 13 14 18.24.020 Permitted Uses. The following uses are permitted outright within the Regional Commercial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: foods, including, but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Dwelling multi- family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2-4, Recreation Space Requirements. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). W:\ Word Processing Ordinances \Diversion Facilities Title 13 strikethru.doca MD:ksn 04 /07/2010 Page 8 of 35 28. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 29. Manufacturing, processing and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint paper, plastics, rubber, tile and wood. 30. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Medical and dental laboratories. 32. Mortician and funeral homes. 33. Motels. 34. Offices, including: a. ouhatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative* f. business, such as travel, real estate g. commercial 35. Outpatient, inpatient, an b- 4eel and dental: 35. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 36. Planned shopping center (mall). 37. Plumbing shops (no tin work or outside storage). 38. Recreation facilities (commercial indoor), athletic or health clubs. 39. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 40. Religious facility with an assembly area less than 750 square feet. 41. Rental of vehicles not requiring a corrnnercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 42. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 43. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 44. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 45. Schools and studios for education or self improvement. 46. Self- storage facilities. 47. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 48. Studios art, photography, music, voice and dance. 49. Taverns, nightclubs. 50. Telephone exchanges. 51. Theaters, excluding adult entertainment establishments, as defined by this code. 52. Warehouse storage and /or wholesale distribution facilities. 53. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. W: \Word Processing Ordinances Diversion Facilities Title 28 strikethru,docx MD:ksn 04 /07/2010 Page 9 of 35 15 16 Section 14. Ordinances Amended. Ordinance Nos. 2135 §10, 1974 §3, 1865 §28, 1830 §15 and 1758 §1, as codified at TMC Section 18.24.040, are amended to read as follows: 18.24.040 Conditional Uses. The following uses may be allowed within the Regional Commercial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.64, Conditional Use Permits: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals., slnitariun or "4a-r-institati 11. Internet data /telecommunication centers. 12. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 13. Park -and -ride lots. 14. Pawnbrokers. 15. Radio, television, microwave or observation stations and towers. 16. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 17. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 15. Ordinances Amended. Ordinance Nos. 2021 §3, 1986 §8, 1971 §11, 1830 §17, 1814 §2 and 1758 §1, as codified at TMC Section 18.26.020, are amended to read as follows: 18.26.020 Permitted Uses. The following uses are permitted outright within the Regional Commercial Mixed Use District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package foods, including, but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: W: \Word Processing Ordinances \Diversion Facilities Title 18 strikethru.docx MD:ksn 04 /07/2010 Page 10 of 35 a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Dwelling multi- family uriits above office and retail uses. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 29. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 30. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Medical and dental laboratories. 32. Mortician and funeral homes. 33. Motels. 34. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35. Opt -tp ent,- inpatient, rind e-me:g medie land dcnteb 35. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 36. Planned shopping center (mall). 37. Plumbing shops (no tin work or outside storage). 38. Recreation facilities (commercial indoor), athletic or health clubs. 39. Recreation facilities (conunercial indoor), including bowling alleys, skating rinks, shooting ranges. W: \Word Processing Ordinances \Diversion Facilities Title 18 strikedvu.docx MD.ksn 04/07/2010 Page 11 of 35 17 18 40. Religious facility with an assembly area less than 750 square feet. 41. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 42. Restaurants, including: a. drive- through b. sit down c. cocktail lounges in conjunction with a restaurant 43. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 44. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 45. Schools and studios for education or self improvement. 46. Self- storage facilities. 47. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 48. Studios art, photography, music, voice and dance. 49. Taverns, nightclubs. 50. Telephone exchanges. 51. Theaters, excluding adult entertainment establishments, as defined by this code. 52. Warehouse storage and /or wholesale distribution facilities. 53. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 16. Ordinances Amended. Ordinance Nos. 2135 §11, 1974 §4, 1865 §32, 1830 §18, and 1758 §1, as codified at TMC Section 18.26.040, are amended to read as follows: 18.26.040 Conditional Uses. The following uses may be allowed within the Regional Commercial Mixed -Use District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than twelve patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals.;sa 11. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 12. Park- and -ride lots. 13. Pawnbrokers. 14. Radio, television, microwave or observation stations and towers. 15. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. W: \Word Processing Ordinances \Diversion Facilities Title 18 strikethru.docx MD:Isn 04/07/2010 Page 12 of 35 16. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 17. Ordinance Amended. Ordinance No. 2084 §2, as codified at TMC Section 18.28.020, is amended to read as follows: 18.28.020 Permitted Uses. The following uses are permitted outright within the Tukwila Urban Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Extended -stay hotel /motel. 18. Financial: a. banking b. mortgage c. other services 19. Fix-it, radio or television repair shops rental shops. 20. Fraternal organizations. 21. Frozen food lockers for individual or family use. 22. Greenhouses or nurseries (commercial). 23. Heavy equipment repair and salvage. 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. 26. Internet data /telecommunication centers. 27. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 28. Libraries, museums or art galleries (public). W: \Word Processing Ordinances Diversion Facilities Title 1S strikelhru.docx MD:ksn 04/07 /2010 Page 13 of 35 19 20 29. Manufacturing, processing and or packaging of foods, including, but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 30. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 31. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 32. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 33. Medical and dental laboratories. 34. Mortician and funeral homes. 35. Motels. 36. Offices, including. a. outpatient medical clinic b. dental c. goverrunent excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate S. commercial ^u patient, inpatient, and crncrgcr.z y a:s_'.ical and dental. 37. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 38. Pawnbrokers 39. Planned shopping center (mall). 40. Plumbing shops (no tin work or outside storage). 41. Railroad tracks (including lead, spur, loading or storage). 42. Recreation facilities (commercial indoor) athletic or health clubs. 43. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 44. Religious facility with an assembly area less than 750 square feet. 45. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 46. Restaurants, including: a. drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 47. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 48. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 49. Schools and studios for education or self improvement. 50. Self- storage facilities. 51. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 52. Studios art, photography, music, voice and dance. 53. Taverns, nightclubs. 54. Telephone exchanges. 55. Theaters, excluding adult entertainment establishments, as defined by this code. 56. Warehouse storage and /or wholesale distribution facilities. W: \Word Processing Ordinances \Diversion Facilities Title 18 striket ru.docx MD:ksn 04/07/2010 Page 14 of 35 57. Other uses not specifically listed in this Title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan Section 18. Ordinances Amended. Ordinance Nos. 2135 §12, 2097 §15 and 2084 52, as codified at TMC Section 18.28.040, are amended to read as follows: 18.28.040 Conditional Uses. The following uses may be allowed within the Tukwila Urban Center District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Bed- and Breakfast lodging; must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond or Minkler Pond. 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Dwelling multi- family units (max. 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 8. Indoor animal shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 9. Transit- oriented development housing (which is allowed to 65 -.nuts /acre as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than one quarter mile from the Sounder Commuter Rail /Amtrak Station property. 10. Drive -in theaters. 11. Electrical substations distribution. 12. Fire and police stations. 13. Hospitals., sanitarirnxn r ei ialilarAiis- titan ears: 14. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 15. Park -and -ride lots. 16. Radio, television, microwave or observation stations and towers. 17. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 18. Schools, preschool, elementary, junior or high schools, and equivalent private schools. Section 19. Ordinances Amended. Ordinance Nos. 2097 516 and 2084 52, as codified at TMC Section 18.28.050, are amended to read as follows: 18.28.050 Unclassified Uses. The following uses may be allowed within the Tukwila Urban Center District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits: 1. Airports, landing fields and heliports (except emergency sites). 2. Essential public facilities, except those uses listed separately in any of the districts established by this title. 3. Hydroelectric and private utility power generating plants. 4. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 5. Mass transit facilities. 6. Diversion facility and diversion interim services facility, subject to being. located nvithin half mile of Metro Transit Center as defined under 18.06.840. W:\ Word Processing Ordinances\ Diversion Facilities Title 18 strikethrn.docx MD:ksn 04/07 /2010 Page 15 of 35 21 22 Section 20. Ordinances Amended. Ordinance Nos. 2021 §5, 1986 §10,1974 §6,1971 §13, 1830 923, 1814 92 and 1758 91, as codified at TMC Section 18.30.020, are amended to read as follows: 18.30.020 Permitted Uses. The following uses are permitted outright within the Commercial Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Contractor storage yards. 15. Convention facilities. 16. Convalescent and nursing homes for not more than 12 patients. 17. Daycare centers. h \Word Processing Ordinances \Diversion Facilities Title 18 sbiketivu.docx MD:ksn 04 /07/2010 Page 16 of 35 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix-it, radio or television repair shops rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Heavy equipment repair and salvage. 25. Hotels. 26. Industries involved with etching, film processing, lithography, printing and publishing. 27. Internet data /telecommunication centers. 28. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 29. Libraries, museums or art galleries (public). 30. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 31. Manufacturing, processing and /or packaging of foods, including, but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 32. Manufacturing, processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 33. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 34. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 35. Medical and dental laboratories. 36. Mortician and funeral homes. 37. Motels. 38. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police d. stations e. professional f. administrative g. business, such as travel, real estate h. commercial a-tient- i.npati -tindd emergency- medico' 39. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Railroad tracks (including lead, spur, loading or storage). 44. Recreation facilities (commercial indoor) athletic or health clubs. 45. Recreation facilities (corn nercial indoor), including bowling alleys, skating rinks, shooting ranges. 46. Religious facility with an assembly area less than 750 square feet. W: \Word Processing Ordinances Diversion Facilities Title 13 shikethru.docx MD:ksn 04/07 /2010 Page 17 of 35 23 24 47. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 49. Restaurants, including: a. drive- through b. sit down c. cocktail lounges in conjunction with a restaurant 50. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 51. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 52. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 53. Salvage and wrecking operations that are entirely enclosed within a build rtg. 54. Schools and studios for education or self improvement. 55. Self- storage facilities. 56. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 57. Studios art, photography, music, voice and dance. 58. Taverns, nightclubs. 59. Telephone exchanges. 60. Theaters, excluding adult entertainment establishments, as defined by this code. 61. Tow truck operations, subject to all additional State and local regulations. 62. Truck terminals. 63. Warehouse storage and /or wholesale distribution facilities. 64. Other uses not specifically listed in this Title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 21. Ordinances Amended. Ordinance Nos. 2135 §13, 1865 §36, 1830 §24 and 1758 §1, as codified at TMC Section 18.30.040, are amended to read as follows: 18.30.040 Conditional Uses. The following uses may be allowed within the Commercial Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals., sanitariur: s, tiee s 11. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). W: \Word Processing \Ordinances \Diversion Facilities Title 13 strikeNvu.docx MD:ksn 04/07 /2010 Page 18 of 35 12. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 13. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 14. Park -and -ride lots. 15. Radio, television, microwave or observation stations, and towers. 16. Recreation facilities (comrnercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 17. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 18. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work and the assembly of products from the above materials. Section 22. Ordinances Amended. Ordinance Nos. 2021 §6, 1986 §11, 1974 §7, 1971 §14, 1814 §2, 1774 §1 and 1758 §1, as codified at TMC Section 18.32.020, are amended to read as follows: 18.32.020 Permitted Uses. The following uses are permitted outright within the Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.32.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenters shops employing less than five people. 10. Commercial laundries. \N: \Word Processing Ordinances \Diversion Fadlihes Title 18 seiket ru.docx MD.ksn 04 /07/2010 Page 19 of 35 25 26 11. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix-it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing and publishing. 25. Internet data/ telecommunication centers. 26. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 29. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehides and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 30. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 31. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 32. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tiles and woods. 33. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 34. Medical and dental laboratories. 35. Mortician and funeral homes. 36. Motels. 37. Offices, including: a. outvatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 38 Ou -saticnt npatient, and cnneogeene50- medical -and cleeteh W: \Word Processing Ordinances \Diversion Facilities Title 13 strikethru.docx MD:ksn 04/07/2010 Page 20 of 35 38. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 39. Pawnbrokers. 40. Planned shopping center (Mall). 41. Plumbing shops (no tin work or outside storage). 42. Railroad tracks (including lead, spur, loading or storage). 43. Recreation facilities (commercial indoor) athletic or health clubs. 44. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 45. Religious facility with an assembly area less than 750 square feet. 46. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 47. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 48. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 49. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewehy, gifts, recreation equipment and sporting goods, and similar items. 50. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, Lumber /building materials, lawn and garden supplies, farm supplies. 51. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 52. Salvage and wrecking operations that are entirely enclosed within a building. 53. Schools and studios for education or self improvement. 54. Self- storage facilities. 55. Storage (outdoors) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 56. Taverns, nightclubs. 57. Telephone exchanges. 58. Theaters, excluding adult entertainment establishments, as defined by this code. 59. Tow truck operations, subject to all additional State and local regulations. 60. Truck terminals. 61. Warehouse storage and /or wholesale distribution facilities. 62. Other uses not specifically listed in this Title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 23. Ordinances Amended. Ordinance Nos. 2135 §14, 1865 §38 and 1758 §l, as codified at TMC Section 18.32.040, are amended to read as follows: 18.32.040 Conditional Uses. The following uses may be allowed within the Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and conununity center buildings. IN:\ Word Processing Ordinances Diversion Facilities Title 18 strikethru.docx MD:ksn 04/07/2010 Page 21 of 35 27 2 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hospitals.rsanitariular institutions. 10. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 11. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 12. Park -and -ride lots. 13. Radio, television, microwave or observation stations and towers. 14. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 15. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 16. Rock crushing, asphalt or concrete hatching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Section 24. Ordinances Amended. Ordinance Nos. 2021 57, 1986 512, 1974 58, 1971 515, 1814 52,1774 52 and 1758 51, as codified at TMC Section 18.34.020, are amended to read as follows: 18.34.020 Permitted Uses. The following uses are permitted outright within the Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.34.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 1N: \Word Processing Ordinances Diversion Facilities Title 18 shikethru.dacx MD:ksn 04/07 /2010 Page 22 of 35 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenters shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, Off Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix -it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data /telecommunication centers. 26. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 29. Manufacturing, processing and /or assembling of electrical or mechanical equipment vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 30. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 31. Manufacturing, processing and/or assembling previously prepared. metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand- forging. 32. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 33. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 34. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 35. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Medical and dental laboratories. 37. Mortician and funeral homes. VJ: \Word Processing \Ordinances \Diversion Facilities Title 1S striketh u.docx MD:ksn 04/07 /2010 Page 23 of 35 29 30 38. Motels. 39. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial {icnt, inpatient, a -eniei•or.:..: edical anti-ti-en-tab 40. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 41. Pawnbrokers. 42. Planned shopping center (mall). 43. Plumbing shops (no tin work or outside storage). 44. Railroad tracks (including lead, spur, loading or storage). 45. Recreation facilities (commercial indoor), athletic or health clubs. 46. Religious facility with an assembly area less than 750 square feet. 47. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, milli -vans, recreational vehicles, cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 49. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 50. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 51. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, Lawn and garden supplies, fanrt supplies. 52. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 53. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 54. Salvage and wrecking operations. 55. Schools and studios for education or self improvement 56. Self- storage 57. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 58. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 59. Taverns, nightclubs. 60. Telephone exchanges. 61. Theaters, excluding adult entertainment establishments, as defined by this code. 62. Tow truck operations, subject to all additional State and local regulations. 63. Truck terminals. 64. Warehouse storage and /or wholesale distribution facilities. 65. Other uses riot specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and W: \Word Processing Ordinances \Diversion Facilities Title 18 strikethru.docx MD:ksn 04 /07/2010 Page 24 of 35 c. consistent with the policies of the Tukwila Comprehensive Plan. Section 25. Ordinances Amended. Ordinance Nos. 2135 §15, 1865 §40 and 1758 §1, as codified at TMC Section 18.34.040, are amended to read as follows: 18.34.040 Conditional Uses. The following uses may be allowed within the Heavy Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08). 10. Hospitals., sa,_"_.ri .°1r.:-, c_ Sinn er u�ctih>tieris 11. Park -and -ride lots. 12. Radio, television, microwave or observation stations and towers. 13. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 14. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. Section 26. Ordinances Amended. Ordinance Nos. 2235 §6, 2021 §8, 1986 §13, 1974 §9, 1954 §2, 1814 §2, 1774 §3 and 1758 §1, as codified at TMC Section 18.36.020, are amended to read as follows: 18.36.020 Permitted Uses. The following uses are permitted outright within the Manufacturing Industrial Center /Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.36.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed IN: \Word Processing Ordinances Diversion Facilities Title 13 slrikethru.docx MD:ksn 04/07/2010 Page 25 of 35 31 32 b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Commercial laundries. 8. Contractors storage yards. 9. Daycare centers. 10. Extended -stay hotel /motel. 11. Heavy equipment repair and salvage. 12. Hotels. 13. Industries involved with etching, film processing, lithography, printing and publishing. 14. Internet data /telecommunication centers. 15. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 16. Libraries, museums or art galleries (public). 17. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 18. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging, 19. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 20. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 21. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, day, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 22. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 23. Motels. 24. Offices including, but not limited to software development and similar uses, financial services, schools and studios for education or self- improvement Iess than 20,000 square feet. This category does not include outuatient medical and dental clinics. 2-57 ^^_:=r= iei4 and L dical and dental; 25. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 26. Railroad tracks (including lead, spur, loading or storage). 27. Recreation facilities (commercial indoor) athletic or health clubs. 28. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini-vans, recreational vehicles, cargo vans and certain trucks). 29. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 30. Research and development facilities. 31. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant IN:\ Word Processing Ordinances \Diversion Facilities Title 18 strikethru.docx MD:ksn 04/07/2010 Page 26 of 35 32. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 33. Salvage and wrecking operations which are entirely enclosed within a building. 34. Self- storage facilities. 35. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet and to a height of 50 feet with a front yard setback of 100 feet; security required. 36. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 37. Taverns, nightclubs. 38. Telephone exchanges. 39. Tow truck operations, subject to all additional State and local regulations. 40. Truck terminals. 41. Warehouse storage and /or wholesale distribution facilities. 42. Other uses not specifically listed in this title, which the Director determines to be: a: similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 27. Ordinances Amended. Ordinance Nos. 2235 §7, 2021 §9, 1986 514, 1974 510, 1971 516, 1814 52, 1774 54 and 1758 51, as codified at TMC Section 18.32.020, are amended to read as follows: 18.38.020 Permitted Uses. The following uses are permitted outright within the Manufacturing Industrial Center Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establislunents are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of arty LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.38.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. W: \Word Pi ocessing Ordinances Diversion Facilities Title 38 strikethru.docx MD:ksn 04 /07/2010 Page 27 of 35 33 34 5. Brew pubs. 6. Bus stations. 7. Computer software development and similar uses. 8. Contractor storage yards. 9. Daycare centers. 10. Extended -stay hotel /motel. 11. Financial: a. banking b. mortgage c. other services 12. Heavy equipment repair and salvage. 13. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering. 14. Hotels. 15. Industries involved with etching, film processing, lithography, printing and publishing. 16. Internet data /telecommunication centers. 17. Laundries: a. self -serve b. dry deaning c. tailor, dyeing 18. Libraries, museurns or art galleries (public). 19. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 20. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining and consumable electrode melting; and similar heavy industrial uses. 21. Manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 22. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 23. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 24. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 25. Manufacturing, processing, and /or packaging previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, day, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 26. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments suds as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 27. Motels. 28. Offices; must be associated with another permitted uses (e.g., administrative offices for a manufacturing company present within the MIC). 29. Outl e+ i 3a-tient —ai eme g_ ncy medical and-deii eL 29. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 30. Railroad tracks (including lead, spur, loading or storage). 31. Recreation facilities (commercial indoor), athletic or health clubs. W:\Worci Processing Ordinances Diversion Facilibes Title 18 strikclhni.docx MD:ksn D4/07 /2010 Page 28 of 35 32. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 33. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 34. Research and development facilities. 35. Restaurants, including: a. drive- through b. sit down c. cocktail lounges in conjunction with a restaurant 36. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 37. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 38. Salvage and wrecking operations. 39. Schools and studios for education or self improvement. 40. Self storage facilities. 41. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 42. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 43. Taverns, nightclubs. 44. Telephone exchanges. 45. Tow truck operations, subject to all additional State and local regulations. 46. Truck terminals. 47. Warehouse storage and /or wholesale distribution facilities. 48. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 28. Ordinances Amended. Ordinance Nos. 2135 917, 2028 92, 1865 944 and 1758 91, as codified at TMC Section 18.38.040, are amended to read as follows: 18.38.040 Conditional Uses. The following uses may be allowed within the Manufacturing Industrial Center /Heavy Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Colleges and universities. 2. Electrical substations distribution. 3. Fire and police stations. 4. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08). 5. Offices not associated with other permitted uses and excludine medical /dental clinics, subject to the following location and size restrictions: a. New office developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand -alone office uses are shown in Figure 18 -12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations, may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12 -11 -1995 (the effective date of the Comprehensive Plan) may convert to a stand -alone office use subject to the provisions of this code. W: \Word Processing Ordinances \Diversion Facilities Title 18 striket ru.docx MD:ksn 04 /07/2010 Page 29 of 35 35 36 6. Park -and -ride lots. 7. Radios, television, microwave or observation stations and towers. 8. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 9. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods and similar items; limited to uses of a type and size that clearly intend to serve other permitted uses and /or the employees of those uses. Section 29. Ordinances Amended. Ordinance Nos. 2235 §8, 2097 §17, 2021 §10, 1986 §15, 1974 §11, 1971 §17, 1830 §25,1814 §2, 1774 §5 and 1758 §1, as codified at TMC Section 18.40.020, are amended to read as follows: 18.40.020 Permitted Uses. The following uses are permitted outright within the Tukwila Valley South District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following Iocation restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 13. Computer software development and similar uses. W: \Word Processing Ordinances \Diversion Facilities Title 18 stikethru.docx MD:ksn 04/07/2010 Page 30 of 35 14. Contractor's storage yards. 15. Convalescent and nursing homes for not more than twelve patients. 16. Convention facilities. 17. Daycare centers. 18. Dwelling one detached single family unit per existing lot (includes factory built or modular home that meets UBC). 19. Extended -stay hotel /motel. 20. Farming and farm related activities. 21. Financial: a. banking b. mortgage c. other services 22. Fix-it, radio or television repair shops /rental shops. 23. Fraternal organizations. 24. Frozen food lockers for individual or family use. 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. 28. Industries involved with etching, film processing, lithography, printing and publishing. 29. Internet data telecommunication centers. 30. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 33. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 34. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 35. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 36. Medical and dental laboratories. 37. Mortician and funeral homes. 38. Motels. 39. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. corrunercial 40. Outpatient, Inpatient, 2nwrgenei- medical a }n4-- des'tal: 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. Word Processing Ordinances \Diversion Facilities Title 18 strikethru.docx MD:ksn 04/07/2010 Page 31 of 35 37 38 44. Railroad tracks (including lead, spur, loading or storage). 45. Recreation facilities (commercial indoor), athletic or health clubs. 46. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 47. Religious facility with an assembly area of less than 750 square feet. 48. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 50. Research and development facilities. 51. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 52. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 53. Retail sales of fur-niture, appliances, automobile parts and accessories, liquor, lumber/ building materials, lawn and garden supplies, farm supplies. 54. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 55. Salvage and wrecking operations that are entirely enclosed within a building. 56. Schools and studios for education or self improvement. 57. Self- storage facilities. 58. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 59. Studios art, photography, music, voice and dance. 60. Taverns, nightclubs. 61. Telephone exchanges. 62. Theaters, excluding adult entertainment establishments, as defined by this code. 63. Tow truck operations, subject to all additional State and local regulations. 64. Truck terminals. 65. Warehouse storage and /or wholesale distribution facilities. 66. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 30. Ordinance Amended. Ordinance No. 2251, as codified at TMC Section 18.41.020, is amended to read as follows: 18.41.020 Permitted Uses. The following uses are permitted outright within the Tukwila South Overlay district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult daycare. 2. Adult entertainment establislunents are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: W: \Word Processing Ordinances Diversion Facilities Title 18 shikethru.docx MD:ksn 04/07 /2010 Page 32 of 35 (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon, which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertairunent establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenters shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Daycare centers. 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single- family unit per lot b. multi- family c. multi- family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel /motel. 22. Farming and farm related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix-it, radio or television repair shops /rental shops. 26. Fraternal organizations. 27. Frozen food Iockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals. 30. Hotels. W: \Word Processing \Ondinmices \Diversion Facilities Title 18 striketivu.docx MD:ksn 04 /07/2010 Page 33 of 35 39 40 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data telecommunication centers. 33. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing, processing and /or packaging of food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 36. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 37. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 38. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 39. Medical and dental laboratories. 40. Motels. 41. Movie theaters with three or fewer screens. 42. Neighborhood stormwater detention and treatment facilities. 43. Offices, including: a. Outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 41. Oukpatiext;-inpaticnt, a nd-en. )9.ilettical and dental. 44. Pawnbrokers. 45. Planned shopping center (mall) up to 500,000 square feet. 46. Plumbing shops (no tin work or outside storage). 47. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 48. Private stable. 49. Recreation facilities (commercial indoor), athletic or health clubs. 50. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 51. Religious facility with an assembly area of less than 750 square feet. 52. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 53. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 54. Research and development facilities. 55. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 56. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film 1N: \Word Processing \Ordinuues \Diversion Facilities Title 18 strikethrv.docx MD:ksn 04/07/2010 Page 34 of 35 processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 57. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 58. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 59. Schools and studios for education or self improvement. 60. Self- storage facilities. 61. Sewage lift stations. 62. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 63. Studios art, photography, music, voice and dance. 64. Taverns, nightclubs. 65. Telephone exchanges. 66. Theaters for live performances only, not including adult entertainment establishments. 67. Tow truck operations, subject to all additional State and local regulations. 68. Water pump station. 69. Vehicle storage (no customers onsite, does not include park -and -fly operations). 70. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 31. 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 32. 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 \Word Processing Ordinances \Diversion Facilities Title 18 strikethru.docz MD:ksn 04/07/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 35 of 35 41 42 King County Mental Illness and Drug Dependency (MIDD) Oversight Committee (OC) February 25, 2010 11:45 -12:15 networking lunch 12:15 p.m. 2:15 p.m. King County Chinook Building Room 123 Meeting Notes Members: ;s. Jim Adams, Rhonda Berry, Bill Block, Linda Brown, Nancy Dow- Witl:ef%ee, Jaime GarciaV. David Hocraffer, Zandrea Hardison, Shirley Havenga, Mike Heinisch, Darcy Jafferorman Johnson; Bruce Knutson, Judge Barbara Linde, Leesa Manion, designee for Dan Satterberg ,IexO'Reilly:'designee for Councilmember John Chelminiak, Sheriff Susan I hi dary Taylor, designee s Barbara Miner, Dorothy Teeter, designee for David Fleming, Dwight T Other Attendees: Sherry Axson, Bryan Baird, Cathy Clemens, Lisa Kimmerly, Andrea l;ai Lapp, Brandon Miles, Alan Painter, Alessandra PollockRaron Rubardt, Shoenfeld ;Cindy Spanton, Laurie Sylla 1. Welcome and Introductios; Co -Chair Havenga called Fthe meeting"to'korctez; lo f g, the committee and introductions were made by each person,,k1y4ttendance. 2. Approval of the Mee f front be „.Notes fro the January 28, 2010 Meeting, Co -Chair Havenga Minutes were proved byconsensus. 3. MID.D,Project Staff Report'Are`'r LaFazia e" "Statement of Fu ancial Oti &Interests Form Andrea remYaded the OCto complete 4iff return this form: Cathy Clemens, Executive Director of the Board of Ethiciisvill provide an overview later in the meeting. b. MIDD 20 Report Andrea introduced t l is a immerly, MIDD Program Evaluator, who provided a page by page synopsis of the new Annual Reti:',, mat. She detailed numbers previously reported in quarterly reports, data pertaining to performanWneasures, success stories, strategy -by- strategy updates, graphs charting individuals touched by the MIDD, financial data, key considerations and recommendations. Final draft of the Annual Report is due to Council April 1, 2010 and will be available online soon. Members echoed comments of high accolades for the presentation and layout of the report: stating that it is attractive, easy to read, and conveys accomplishments. They are eager to share the information by sending copies to Senator Hargrove, having a press release and sharing with NIMH. Members made many revision suggestions for: more clarification on target success ratings, finding out how strategies relate to the five goals of the MIDD, data that measures results before and after MIDD, and including footnotes for unallocated funds. Judge Linde noted necessary language revisions are MIDD Oversight Committee Meeting, February 25, 2010 Page 1 of 4 43 44 needed regarding Mental Health Court (MHC) Strategy 11 b: Increase Services for new or Existing Mental Health Court Programs and that she will provide these revisions to Lisa. Members were concerned about targets being changed and suggested that aspirations not be revised by lowering targets. The evaluation team only revised the targets where original estimates were incongruous with data collected. As far as performance related revisions, due to many who exceeded expectations, tried to shy away from target revisions at this point (too soon). A footnote will be included to state original targets were estimated not knowing what the actuals would be. The OC thanked Lisa for her hard work and to extend praise to her daughter for taking the great photographs for her school project. The OC voted to approve the MIDD Annual Report as revised. MJDD Oversight Committee Meeting, February 25, 2010 4. Co- Chairs Report, Co -Chair Rahr— Co -Chair Rahr gave a quick update regarding the Crisis Diversion Fac trategy. The n RFP is expected to be released around March 11,. 2010. Local cities will be not ,s s soon as the�al date is known. The definition of the location has been broadened to say "a centralife ation w, access to freeways" to improve the chances of finding an appr ,e location that wor1V evej e. year.' 4 ;.�rt Co-Chair Havenga announced that both sirs' 2 y r piring in June crite for Co- chair positions are one King County and e non -King •unp ent emplo,e. All OC members were invited to express interest id to contact b i, Co -c a�- area LaFazia. 2 Amnon Should 5. Overview of 1VIIDD Strategy Reductio Amnon gave an overview on how strategy e were tan for those strategies cut for 2010. An adopted budget draft was presented to.the ►C thad: ongdt g funding per Adopted Action Plan l e. techm s' `':t adjustm to central rates; percentage Sti ti 'fir ti changes from the Adopt:Alan; clh.r strategy. ��1, ch and�'`impact of each s a to gy. Members i d.for clearer 1 guage in the reduction approach and impact column. Some programs have txeen cut "fi Q10 due to ktect delays in those strategies. Another clarification made to this hen iilrecprogramikt yet,started, so no impact on services or providers," it was recomranded or providi fS be taken off' n e this is not about providers. AmnonAted ;ormation wrsgvided per OC request and would be revised and presented again. S•:1 Amnon also pt, aled a brief overview of the programs that received supplantation funds and the process that (0 n';. d MHCADSD is using to monitor. $13 million the Co e. r dentified in their November 2009 budget are MIDD sales tax funds that will fund mental health, sues' s 'abuse and therapeutic court programs that were previously funded by the county General Fund. a are no state funds being supplanted. For the break -down of this overview, click here: httn: /www.kingcounty. gov/ healthservices/ MHSA/ MIDDPIan/ MIDDCommittees /OCMeetinaMaterial s.asnx. David H: For a number of court- related services, those amounts were pulled out and put in a different budget line item. A lot of public defense services accounting for another $1.4 million on top of this amount, wasn't part of this $13 million. Amnon: Those public defense costs are part of various strategies. Barbara Linde: So they are within the $13 million. They just aren't broken out as a lump public defense cost and are spread out over Drug Court, MHC? Page 2 of 4 Aaron Rubardt, OMB: They are in here. Those you're referring to are for MHC, Drug Diversion, Juvenile Drug Court, multiple agencies, are part of this $13 million. Zandrea Hardison: For jail psychiatric services, you were saying there are some services that are beyond this amount. Do you know the total amount? What percentage of this is covered? Amnon: I don't have that. Medications are a pretty significant cost. We did not pay for medications. Co -Chair Rahr has been working for 3 years at the federal level to get that Medicaid policy changed and is now in Jim McDermott's office. With the finish line in sight, the way this will be possible will be to have 10 pilot sites around the country with King County being a pilot site. There isn't very good data about how many people in jail are Medicaid eligible, how many lost their coverage. The Sheriff asked for stories from the OC of individuals who were on Medicaid, getting their meds, went to jail, then cut off from Medicaid, they have trouble getting back on Medze aid, etc. Co -Chair Havenga: Asked Andrea to send an email to the OC. address Norman Barbara Lind October 2007. Th provided at the lever; 6. Ethics Overview, Cathy Clemens, Executive Director, Board of ETh Ms. Clemens provided an overview of Ethics in relation to serving on Boards';, More information can be obtained by calling 206- 296 -1586. 7. MIDD OC Member Check In Nancy Dow Witherbee, Mental Health Advisory Board`rChafr and Cmember: Tle Mil Board is A� .r seriously understaffed. The Board is slate i`to have a maxamum o. 75 .bexs, ;but currently has eight. King County employees cannot,pcipate on the Board ;hbut no specific mental health experience is necessary. Membership applidations are onlirieTo learn mode about how to become a member, contact Nancy Dow Witherbee at nl`du.washin=on.edu or 206- 744 -9691 or Rhoda Naguit at rhoda.naauitakinacountv.aov or 206 263 -89'5 r visit: 4s httn: /www.kinacounty.aovIh altl services/Mentall ealthJBoards'asnx Bruce Knutson: The;county polic dor supplanta tAt. it's ok to supplement for Lost county revenue and that' s wlati 1. this represei?ts. Now we're facing significant state reductions for mental health, chemical enb .and deputy "court services. It's worth reviewing that policy. SS J Barbara Linde -Should t1 aunty allocate money from MIDD to fill some gap now left by the state, that is not a; supplanting issue, if:' a `how big is'tl'ie pot' question and `what will be reduced to spend money elsewhere That is a polyquestion the Executive's Office, OMB and the Council needs to ofison:.;4hal =is the definition of supplanting? o paraphrase, the Council passed their ordinance that allowed the MIDD tax in CW state law declares the new tax cannot be used to pay for services that were en the Council enacted the tax. Whatever the County was paying for in October 2007, without he bility to supplant, would only be able to spend new programs, new staff, and add on to what existdathen. Of course, because of the cuts, everything went. down after that. The question of spending new money when funds were reduced required change, which Hargrove supported that change to allow supplantation. The limits are beginning in 2010, supplantation allowed up to 50 decreasing 10% a year until it's gone over a five year period. The County didn't use the full 50% supplanting ability, but instead used 30% that legally identified this $13 million as appropriate supplanting work. The 30% supplanting plan gives us stability over a 3 year period before having to reduce supplanting down 10% in the year 2013 and finally in 2014. Amnon Shoenfeld: The question is whether state funded programs will be considered for supplantation. Co -Chair Rahr: You have to look at the RCW. You have to look at specific law and they do usually identify federal, state and local funding. MIDD Oversight Committee Meeting, February 25, 2010 Page 3 of 4 45 46 Amnon Shoenfeld: When they amended the laws to allow supplantation, they also specified that it could replace lost federal funding. They didn't say lost state funding. Barbara Linde: Provided an update to MHC Strategy 11b, which was delayed until it received funding that starts this year. She stated that communication will go out in a variety of ways to all cities that MHC is open to them. Training will be available for city prosecutors and city public defenders on March 25th and 26th. Notices will go out to cities sometime next week and bring the MHC team on the road with the MHC judge, probation officers, court monitor (SMH professional) Public Defender and Prosecutor will go and present and hopefully inform city lawyers and professionals how to identify an appropriate case to refer to MHC and how to do it. i.e., if a person who's sitting in a Kent jail with a mental illness one day can the next week be in a King County MHC, in a King County jail and being released with services. The cities costs will go away and becomes 4 c ounty responsibility funded by the MIDD from that point forward. So we're excited to get that *lib out. The long -term goal, by July, we hope to be hearing once a week MHC calendars at the :1Justice Center (RJ,C) in Kent and at the District Court and Courthouse in Issaquah. We have three 65t,ouses on the Easide we had to f i n d that has space f o r probation officers, prosecutor and public de b .r to land and it aquah has a little capacity where others don't. The RJC we.,'eel pretty good about�l'se there..E some we .feel by y ti "e individuals with mental illness who are in custody, Wires- snot housed in the do ownj facility. Individuals are classified on how they are managed, sth on medication manageable, they will be in the general population. There are individnals who will befinich better served by having a MHC presence at the RJC. We have formed a MHC Executive Co„,__Aktee, chaired bhucl.K.6. arper.'" bers are holding the second committee meeting today. Other ers include 'k Larson, Piesecutor's Office, V. David Hocraffer, Office of the Public Defender and n Madsen, A .0.6. Director (Public Defense firm that holds the MHC contract). Ws will be working wf other stakkoli and individuals to set policy and direction for the MHC Norman Johnson: Corn...Kende* fterberg for their "commercial" (prescription drug safe disposal pu4 service tri: ma tco es across quite nicely. 8. New Busing No comments 9. PubIi Commen t, No carn? #s. Co -Chair Hav n Thanked everyone for coming. ADJOURN 1:46p isV Next Meeting March 25, 2010 King County Chinook Building 401 5 Avenue, Seattle, WA 98104 11:45 a.m.— 12:15 p.m. Networking Lunch 12:15 p.m.— 2:15 p.m. Meeting Room 123 MIDD Oversight Committee Meeting, February 25, 2010 Page 4 of 4 Brandon Miles RE: CDF and Transit From: "Shoenfeld, Amnon" To: "Brandon Miles" Date: 03/30/2010 4:38 PM Subject: RE: CDF and Transit CC: "MacLean, Jackie" Hi, Brandon. Jackie is on vacation, so Pll answer. The RFP requirement is that the CDF be "accessible to a Metro bus route We do not anticipate that very many people will come to the facility by bus or need or use bus transport when they leave the facility, but we wanted to have that as an option. Access to one bus route is sufficient from our perspective. People can always transfer to and from other bus routes. Amnon From: Brandon Miles mailto:bmiles @ci.tukwila.wa.us] Sent: Tuesday, March 30, 2010 3:15 PM To: Shoenfeid, Amnon; MacLean, Jackie Subject: CDF and Transit Hi Jackie and Amnon- I wanted to follow up on our phone conversation from last week. We are still looking at the location issue and it would be helpful if you could clarify staff's opinion regarding the level of transit needed. Thanks for your help. Brandon Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles @ci.tukwila.wa.us Page 1 of 1 file: /C:\ temp\ XPgrpwise\ 4BB228FEtuk- mail6300- pol00130796C117ECD1 \GW }00001.... 04/27/2010 47 48 Possible Areas for Crisis Diversion Facilities (CDF) / Crisis Diversion Interim Services (CDIS) Aerial Map 49 50 CAS NUMBER: SPONSOR SPONSOR'S SUMMARY Fund Source: Comments: MTG.' DAT 3/22/10 I Meeting Date 03/22/10 05/03/10 10- ©3 REVIEWED BY n COW Mtg. CA &P Cmte Utilities Cmte Arts Comm. DATE: N/A Emergency RECOMMENDATIONS: SPONSOR /ADMIN. Adoption of ordinance COMMITI Emergency Declaration EXPENDITURE REQUIRED COUNCIL AGENDA SYNOPSIS Lsitials Prepared by Mayor's review I o rncil jeview WAK JP I I W 2R ITEM:INFO.R'MATION 1 ORIGINAL AGENDA DATE: MARCH 22, 2010 AGENDA ITEM TITLE An ordinance adopting findings of fact supporting the moratorium on the establishment of social card game gambling activities. C, \TEGORY Discussion Motion Resolution Ordinance n Bid Award Public Hearing 1 1 Other Mtg Date 03/22/10 Mtg Date Mtg Date Mtg Date 5/3/10 Mtg Date Mtg Date 5/3/10 Mtg Date Council n Mayor n Adm Svcs DCD n Finance Fire Legal n P&R n Police n PA% The City Council adopted a moratorium on development applications for social card game gambling on March 22, 2010 to prevent vesting of any new applications. The Council is being asked to hold the public hearing and adopt the findings of fact supporting the establishment of the moratorium on social card game businesses. F &S Cmte n Parks Comm. D °SONRCE AMOUNT BUDGETED RECORD- OF''C'OUNCIL.AC.TIO Adoption of Ordinance #2279, establishing the moratorium U Transportation Cmte n Planning Comm. APPROPRIATION REQUIRED MTG. DATE A"f`TACHMEN 3/22/10 Informational memo dated 3/17/10 Ordinance in draft form 05/03/10 Informational Memorandum dated 4/27/10 Ordinance in final form, adopting findings of fact supporting the moratorium ITEM .No. 5 8. 51 52 TO: FROM: Jack Pace, Community Development Director DATE: April 27, 2010 SUBJECT: Moratorium on social card game gambling uses ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton City Council Hold the public hearing on the moratorium on "mini- casinos" and adopt the findings of fact supporting continuation of the moratorium. Jim Haggerton, Mayor On March 22, 2010, the City Council approved an Ordinance adopting a six -month moratorium on the establishment of social card game gambling activities. A public hearing on the issue of the moratorium is required to be held within sixty days of the adoption, which in this case is by May 17, 2010. Ten years ago the City Council adopted an ordinance that prohibited new social card game establishments but permitted existing licensed social card game businesses to remain as legal non conforming land uses. Subsequent to that in 2003, Division 1 of the Court of Appeals issued its opinion in Edmonds Shopping Center Assoc, et al. vs. City of Edmonds, which affirmed that cities may absolutely prohibit any or all gambling activities, but called into question cities' ability to exercise zoning or other general police powers over licensed gambling activities. At this time the state gambling regulations (chapter 9.46 RCW) only permit local jurisdictions to completely prohibit card room uses, including those previously established, or allow them anywhere food and drink establishments are permitted. There was a recent amendment to the state law that allows social card game businesses established prior to annexation into a city and licensed prior to July 26, 2009, to continue to operate even though gambling may be prohibited in that jurisdiction. The cities and counties are authorized to tax certain gambling activities. Different tax rates apply to different types of gambling activities. Tukwila taxes social card game businesses at 20 percent, which is the maximum allowed tax rate. At this time there are four existing card rooms operating in Tukwila and one business has expressed an interest in acquiring a State license to operate an additional social card room in Tukwila. This business venture has called into question the ability of the City to allow legal non- conforming social card rooms to remain while banning new establishments. Enacting a complete ban would make the existing establishments illegal. However if the ban is lifted, under the City's current zoning code, card room uses will be allowed in all zones that allow food and drink establishments. Currently, restaurants with cocktail lounges are permitted in all commercial and industrial zones, except for Residential Commercial Center where they are a conditional use. 53 54 INFORMATIONAL MEMO Page 2 There are a number of jurisdictions that prohibit gambling activities. According to the information received by staff from the state gambling commission, if there is a complete ban the commission will rescind the license issued to any existing establishment that may have an existing license from the gambling commission. A six -month moratorium is necessary in order to further research and review the implications of the different policy options. Some of the options that will be considered are: (1) a complete ban on current and future social card game gambling activities, or (2) allowing them in all zones where food and drink establishments are allowed and perhaps amend the City's current zoning code to further restrict where such establishments are allowed, or (3) pursue other options that may become evident as staff further researches this issue. RECOMMENDATION Hold the public hearing and adopt the findings of fact supporting the establishment of the moratorium on development applications for food and drink establishments conducting social card game gambling activities to allow for further study of the matter. ATTACHMENTS Ordinance adopting the findings of fact supporting the six -month moratorium on mini casinos City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATED TO LAND USE AND ZONING; ADOPTING FINDINGS OF FACT SUPPORTING THE MORATORIUM ADOPTED BY ORDINANCE NO. 2279, WHICH MORATORIUM SHALL BE EFFECTIVE FOR A PERIOD OF SIX MONTHS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on March 22, 2010, the Tukwila City Council passed Ordinance No. 2279, which declared an emergency necessitating the ilzunediate imposition of a moratorium on the filing of applications for building permits, development permits, or any other permits or approvals required for food or drink establishments seeking to conduct new social card game gambling activities, or to expand existing social card game gambling activities, whether as a principal use or as an accessory use, as more particularly described in Ordinance No. 2279, and; WHEREAS, cities and counties are authorized to (1) tax certain gambling activities; (2) enact as local ordinances any of the state gambling statutes, the violation of which constitutes a misdemeanor or gross misdemeanor; or (3) prohibit any or all gambling activities for which licenses are required; and WHEREAS, there are four existing card rooms operating in Tukwila that generate significant gambling tax revenues for the City; and WHEREAS, at least one business has expressed an interest in acquiring a State license to operate an additional social card game in Tukwila and this business venture has called into question the ability of the City to prohibit future card room uses while allowing legal non- conforming social card games to remain; and WHEREAS, the City Council established a six-month moratorium to prevent the vesting of any new applications and to maintain the status quo while legal, political, financial and practical alternatives are studied and considered; and WHEREAS, restaurants with cocktail lounges are permitted uses in all commercial and industrial zones, except for the Residential Commercial Center zone where they are a conditional use; and WHEREAS, the City needs additional time to review the zoning regulations as they pertain to restaurants and to review the location of vested restaurants to determine if Comprehensive Plan and Zoning Code revisions are necessary; and WHEREAS, the City needs additional time to research and review secondary adverse impacts, if any, related to allowing social card game gambling activities in all zones; and WHEREAS, the City needs additional time to study the zoning codes of other jurisdictions that allow social card game gambling activities within their jurisdictions; and WHEREAS, on May 3, 2010, the City Council held a public hearing on the moratorium as required by RCW 35A.63.220, and on that date accepted testimony from all members of the public desiring to be heard on the subject; and WHEREAS, based upon the public testimony received on May 3, 2010, and based upon additional materials presented by City staff, a moratorium of limited duration is W: \Word Processing Ordinances \Mini Casinos Gambling Moratorium Adopting Findings of Fact Clean.doc MD:nvh 04/25/2010 Page 1 of 2 55 56 in the public interest and promotes orderly land development in the absence of a moratorium; and WHEREAS, on May 3, 2010, the City Council considered the foregoing facts, materials and testimony, and deliberated on the issue of whether to maintain the moratorium; and WHEREAS, state law, RCW 35A.63,220, authorizes the City Council to adopt land use moratoria; and WHEREAS, on May 3, 2010, the City SEPA Responsible Official determined that the moratorium is exempt from SEPA under RCW 43.21.030(2)(c), and the City may proceed with the moratorium pursuant to WAC 197- 11- 800(14)(h); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Defined Term. For the purpose of this Ordinance, the definition of "development permits" in Ordinance No. 2279 is hereby adopted by reference as if fully set forth herein. Section 2. Findings of Fact. In accordance with RCW 35A.63.220, which requires that the City Council adopt findings of fact justifying the adoption of moratoria, the "WHEREAS "clauses set forth above are hereby adopted as the City Council's findings of fact and are by this reference incorporated herein as if set forth in their entirety. Section 3. Moratorium Expiration. The six-month moratorium established by Ordinance No. 2279 shall be effective through September 22, 2010. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five days after the date of publication. 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 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W:\ Word Processing Ordinances \Mini Casinos Gambling Moratorium Adopting Findings of Fact Cleart.doc MD:mrh 04/28 /2010 Page 2 of 2 CAS NUMBER: CATEGORY SPONSOR SPONSOR'S SUMMARY Fund Source: Comments: MTG DATE 1 04/26/10 MTG: DATE 04/26/10 05/03/10 (O O SD Meeting Date 04/26/10 05/03/10 COUNCIL AGI,NDA SYNOPSIS Prepared by Mayor'w Council review EB EB AGENDA ITEM TITLE 2011 CDBG application for Minor Home Repair Program Discussion Motion Resolution Mtg Date 4/26/10 Mtg Date 5/3/10 Mtg Date Council Mayor Adm Svcs DCD Initialr 1 a dt' 1 j Jz 1 ORIGINAL AGENDA DATE: APRIL 26, 2010 ITEM NO, Ordinance Bid Award n Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Finance Fire Legal P&'R U Police Li PW" Council approval requested for Mayor's signature on 2011 application for Community Development Block Grant (CDBG) funds to be used for Minor Home Repair for the cities of Tukwila, SeaTac, Des Moines, and Covington REVIEWED BY n COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 4/12/10 RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office COMMITTEE Unanimous Approval, Forward to Committee of the Whole Forward to Next Regular Meeting AMOUNT BUDGETED EXPENDITURE REQUIRED $110,000* HUMAN SERVICES GENERAL FUND *Funds are paid upfront by the city and reimbursed by King County URGE LINO LACTION n Transportation Cmte n Planning Comm. APPROPRIATION REQUIRED TTACHMENT Informational Memorandum dated 04/12/10 King County Pre- Application Minutes from the Community Affairs and Parks Committee Meeting of 04/12/10 No Attachments 57 58 COUNCIL AGENDA ,SYNOPSIS Initials Meeting Date Prepared by Mayorryreview 04/26/10 BG 05/03/10 BG .I:TEM: I N_FO RMArI O.N 1 CAS NUMBER: 10- Q `4 !ORIGINAL AGENDA DATE: APRIL 26, 2010 AGENDA ITEM TITLE An Ordinance for Tsang Street Vacation C ATEGORY Discussion n Motion Resolution Ordinance n Bid Award Public. Hearing n Other Mtg Date 04/26/10 Mtg Date Mtg Date Mtg Date 05/03/10 Mtg Date Mtg Date 04/26/10 Mtg Date 1SPONSOR Council Mayor n Adm Svcs n DCD n Finance .Fire Legal n P&R Police PW/ SPONSOR'S The petitioner, Mr. Rick K. Tsang, provided a complete request for a street vacation of the SUMMARY property abutting 14403 51 Avenue South, Mr. Tsang is the only abutting property owner. The Public Hearing on the Street Vacation was set by Resolution #1709 and is being conducted 4/26/10. The Council is being asked to consider the attached ordinance vacating the street. REVIEWED BY COW Mtg. n CA &P Cmte n F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. 11 Parks Comm. n Planning Comm. DATE: 3/15/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole SO URCE Fund Source: Comments: EXPENDITURE REQUIRED MTG DATE 04/26/10 MTG. DATE 04/26/10 05/03/10 AMOUNT BUDGETED Council review KiJiek Ickla 1 REC ORD OF 'COUNCIL ACTION Forward to Next Regular Meeting HMENTS Informational Memorandum dated 04/26/10 Ordinance in draft form with map as Exhibit A City GIS map Petition for Vacation of Street ST VAC 3.40.72 Resolution No. 1709 setting Public Hearing date of 04/26/10 Minutes from the Transportation Committee meeting of 3/15/10 Ordinance in Final Form ITEM NO. B APPROPRIATION REQUIRED 59 60 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS APPROXIMATELY 60 FEET BY 85 FEET ALONG 14403 51ST AVENUE SOUTH AND WITHIN A PORTION OF OLD MACADAM ROAD; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 9, 2010, the Public Works Department deemed the Petition for Vacation complete; and WHEREAS, Tukwila Municipal Code Chapter 11.60 identifies street vacation procedures, including public notification, a public hearing, review and comment, and submittal of relevant information to the City Council, all of which have been accomplished; and WHEREAS, utilities do not exist in the right -of -way proposed for vacation; and WHEREAS, on April 26, 2010, following required public notification, the City Council conducted a public hearing on the matter, and at the conclusion of the public hearing, determined the aforementioned property should be vacated, subject to conditions identified in this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Property Vacated. A. The property located in the City of Tukwila, described as follows and depicted on the map attached as Exhibit A, is hereby vacated: Approximately 60 feet by 85 feet along 14403 51st Avenue South and within a portion of Old Macadam Road. B. This vacation is conditioned upon receipt of compensation to the City of $27,000.00 by June 15, 2010. Section 2. Duties. A. The City Clerk is hereby directed to record this ordinance with King County, upon determination by the Public Works Director that the conditions referenced above have been satisfied. B. Upon the recording of this ordinance with King County, the Public Works Department shall amend the City's official street map to be consistent with this ordinance. W:\ Word Processing Ordinances \Street Vacation 51st Ave So.docx DM:ksn 04 /28/2010 Page 1 of 2 61 6 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. This vacation shall not become effective until the conditions contained herein have been fully satisfied, until all fees owed the City have been paid, and until five working days after the date this ordinance and all relevant documents have been recorded with King County Records. 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 Attachment: Exhibit A Map W: \Word Processing Ordinances \Street Vacation 51st Ave So.docx DM:ksn 04 /28/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2of2 Exhibit A Map Site Macadam Road South Right-of-Way Vacation Area 5,064 SF Portion of NW1/4, 23-23-04 South 144th Street I-5 CityGIS Aerial Map Right-of-Way Vacation Area 14503 51st Avenue South Bonsai Northwest PETITION FOR VACATION OF STREETS PURSUANT TO RCW 35.79 TO THE TUKWILA CITY COUNCIL: 1. The undersigned petitioners hereby request vacation of the following described property located in the City of Tukwila: (Provide legal description. If legal description is long, please attach. Attach a site plan of the area to be vacated.) v, sX_. S e .ect CQ._e V Qf IC'sz t',,..v 2. The names and addresses of ALL property owners abutting on the property to be follows: (do not include City-owned property) Owner Name Property Address f r rind R t Ckt 7-‹ 1 -C6. 1 Li- Q c_A.. `T Ft r- 1(,. —pt 48 q i O vacated are as Total frontage (feet) 9 0 _I 3. Petitioner signatures. Only owners of property abutting the street to be vacated may petition. For the petition be valid, the signers must account for at least 2/3 of the property, by length, abutting the right -of -way: (do not include City -owned property) .Owner Name si Property Address Total frontage gnature) r At�c 13 r tfi {feet). 114t-4 3 J Z S,T�ticw't!x'1 41 el 4. In accordance with Resolution 1499, the $1200 fee for street vacation has been received. g 10-60 as l DAT RECEIPT NO. Pece}ve,4 h CLERK SIGNATURE uhr l-2_, 65 66 CAS NUMBER: SPONSOR'S SUMMARY Fund Source: Comments: MTG. DATE 04/26/10 MTG. DATE 04/26/10 05/03/10 10 -0 Meeting Date 04/26/10 05/03/10 AGENDA ITEM TITLE Noise Regulations COUNCIL AG ICNDA SYNOPSIS Initials Prepared by Mayor eview .�osena review KAS KAS M INFO 1 ORIGINAL AGENDA DATE: APRIL 26, 2010 CATEGORY Discussion Motion Resolution Ordinance n Bid Award Public Hearing Other Mtg Date 04/26/10 Mtg Date Mtg Date 05/03/10 Mtg Date 05/03/10 Mtg Date Mtg Date 04/26/10 Mtg Date !SPONSOR Council Mayor Adm Svcs DCD Finance Fire n Legal n P &R Police Pik A Public Hearing on an ordinance updating regulations related to noise will be conducted on 4/26/10. The Council is being asked to consider and approve an ordinance updating regulations related to noise; an ordinance amending the Zoning Code to reflect changes based on new noise regulations; and one resolution setting a fee schedule. REVIEWED BY COW Mtg. CA &P Cmte n F &S Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 04/12/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Police Department COMMFITEE unanimous Approval; Forward to Committee of the Whole �URCF EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 (L lam' I I I RE CORD OF-`CO UNCIL_ACTION ITEM NO. Transportation Cmte APPROPRIATION REQUIRED $0 A TTACHMENTS Informational Memorandum dated 4/26/10 Noise Ordinance Matrix Ordinance updating Noise Regulations in draft form Ordinance amending the Zoning Code in draft form Resolution establishing a fee schedule in draft form Minutes from the Community Affairs and Parks Committee meeting of 04/12/10 Informational Memorandum dated 4/27/10; 2 Ordinances 114esolution in final form 67 68 City of Tukwila TO: Mayor Haggerton Tukwila City Council FROM: Jack Pace, DCD Director David Haynes, Police Chief DATE: April 27, 2010 SUBJECT: Noise Ordinance ISSUE DISCUSSION Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM After the public hearing on April 26, 2010, the Council requested additional information in response to testimony received. BACKGROUND Testimony was received from WSDOT and three citizens. Points raised during the hearing are outlined below along with staff's response. WSDOT submitted a letter of support which included two suggestions: 1. Allow variance requests based on the amount of time noise is actually received in one location. WSDOT typically has variance requests for noise generation along a length of highway. Noise generation may occur for more nights than it is actually experienced at one particular location. WSDOT would like their variances based on the nights a location receives noise rather than the number of nights they generate noise. This is an option they can exercise without changing the code language. For past variances (travel time signs or bridge work are examples), WSDOT has submitted multiple short variances for each portion of a project (each travel time sign or each bridge) to avoid the public hearing process. They can continue to do so in the new code. Because of fees in the new code, they may find it less expensive to go the hearing examiner route and have a year -long variance rather than multiple Type 1 (short -term) variances, but either would be acceptable options in the new code. SUGGESTED ACTION: No change to code; their request is already an option in the new code. 2. Do not provide notice to locations within the 500' buffer but outside jurisdictional boundaries. WSDOT seeks variances based on the location of receiving properties. Each jurisdiction has different noticing and variance procedures. WSDOT would like to limit Tukwila noise variances to Tukwila addresses to minimize their process and avoid duplicate or not required mailings. O WSDOT erroneously believes that they will be providing notice rather than the City. Our system to generate labels does not allow querying to pull out only Tukwila residents. 9 The 500' buffer and noticing neighboring jurisdictions is a service Tukwila provides for all land use actions that require notice. If we were to change this, it would be a policy decision that should apply to all land use decisions. 69 70 INFORMATIONAL MEMO Page 2 It is not appropriate to write code specific for WSDOT that does not apply to other projects that require a variance and noticing is per Title 18 so it would be a privilege for WSDOT that does not apply to other noise or land use notices. SUGGESTED ACTION: No change to code: notice is conducted by Tukwila not the applicant; noticing for all land use projects crosses jurisdictional boundaries. Vanessa Zaputil expressed concern reaardina protections for residential uses in commercial or industrial zones. Residential uses in commercial and industrial zones are permitted outright in some mixed use areas and are nonconforming uses in other areas; both the old and new code regulate noise based on district rather than on use. The differences in how the current noise code and the new noise code regulate noise follows. Both codes: Specify Maximum Permissible Sound levels and give options for determining violations. It is a violation to exceed certain decibel levels based on time of day and district designations. Both codes exempt construction noise from temporary construction sites in commercial and industrial districts. Both codes exempt highway maintenance noise in commercial and industrial districts. The old code also exempts highway maintenance noise in residential districts. Both codes exempt property maintenance equipment in all districts during the day. The new code also exempts property maintenance equipment in commercial and industrial districts during the night. Additionally, in the new code, It is a violation to produce non exempt plainly audible sound that can be heard from within a noise sensitive unit during the nighttime hours. "Noise Sensitive Unit" includes residential use in any district. It is a violation to produce plainly audible commercial music at a distance of 50 feet from the property line of the commercial establishment. The only additional noise the new code allows is property maintenance equipment at night in commercial and industrial zones. Otherwise the new code provides the same noise exemptions and increased noise violations for noise received in commercial and industrial districts. Additionally, in the new code under 8.22.100 (B) Sounds Exempt at all Times, even though a noise is exempt the administrator is granted the power to require the installation of the best available noise abatement technology subject to the provisions of RCW 34.05. Changing the new code to provide residential units in non residential zones noise protections akin to residential zones is not anchored to the reality that non residential zones may be more noisy by design. Increased residential density alongside non residential uses comes with additional positive and negative impacts. By creating residential noise protections, the City would be inhibiting commercial and industrial uses from functioning. For example, in commercial districts, trash collection typically occurs at night to allow trash trucks to access sites before cars fill parking lots during the day. To place limits on the time of day these services can be provided limits the functionality of commercial and industrial uses. Additionally, if exemptions were removed to noise sensitive units in commercial and industrial zones, variances would be required. Type 1 variances would continue to be granted without notice and all variances would significantly increase staff time and applicant expense. Finally, the City lacks the technology needed to accurately or efficiently identify residential uses in commercial or industrial zones; to ensure accuracy, notices would need to C:\templXPGrpWise \Noise REG staff report (5- 3- 10).doc INFORMATIONAL MEMO Page 3 be sent to the majority of addresses in all zones defeating the intent of streamlining the noticing process. SUGGESTED ACTION: No change to code: noise that is exempt between the new code and the old code is generally the same and noise violations include more limits to non- exempt sounds for noise sensitive units at night; the administrator is given express power to require noise abatement; and mixed -use districts have mixed -use sounds and limiting those sounds would limit the ability to create mixed -use environments. Staff believes that concerns are adequately addressed without changes to the code. Lynn Peterson expressed concern regarding specifying a measurement (50 feet) beyond which a sound that could be heard would be considered a violation. He believes the use of a decibel meter is a better method of determining a violation. The changes to the nuisance section of the noise ordinance to specify a distance was done precisely because the police investigating nuisance noises needed a verifiable standard in the field without having to use a dB meter. dB meters are not available for police officers, they are not trained to use them, and the readings must be adjusted to exclude ambient noises. They are not practical for field use and they are not legally defensible when used by police officers. By specifying a distance, an officer investigating a complaint can easily determine if the noise violates our code and will be able to defend his decision in court, if necessary. SUGGESTED ACTION: No change to the code: the code was written specifically to eliminate the need for a dB meter. Aaron Hundtoffe expressed support of the code and requested council adoption. SUGGESTED ACTION: No changes to the code. Residential party variances, originally discussed at the CAP and COW. Staff suggested a requirement for notification of neighbors within a 500 foot radius prior to the issuance of the variance. SUGGESTED ACTION: Add the requirement to the variance process for residential parties that the applicant must notify neighbors within a 500 foot radius prior to obtaining the variance. RECOMMENDATION Staff recommends no changes to the draft ordinance other than the notification requirement for residential party variances as discussed at the public hearing on April 26, 2010 and as shown in the underline /strikeout version of the draft ordinance. The Council is being asked to approve the noise ordinance, the Title 18 revision ordinance and associated fee resolution at the May 3, 2010 Regular meeting. ATTACHMENTS Noise Ordinance Title 18 Ordinance Fee Schedule C:Itemp\XPGrpWiselNoise REG staff report (5- 3- 10).doc 71 72 W: \Word Processing Ordinances \Noise.docx DM:1sn D4/28/2010 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is the policy of the City to minimize the exposure of its citizens to the physiological and psychological dangers of excessive noise, and to protect, promote and preserve the public health, safety and welfare; and WHEREAS, it is the express intent of the City Council to control the level of noise in a manner that promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment; and WHEREAS, it is the express intent of the City Council that noise be prohibited when it exceeds certain levels or when it unreasonably disturbs the peace, comfort and repose of others; and WHEREAS, the problem of noise in the City has been investigated by the Director of Community Development and the Chief of Police, and based on these investigations the City Council, pursuant to the authority granted in Chapter 70.107 RCW, finds that special conditions exist within the City that make necessary any and all differences between this chapter and the regulations adopted by the Department of Ecology in Chapters 173 58,173 -60 and 173 -62 WAC, and that make necessary the provision for criminal as well as civil penalties for violation of this chapter; and WHEREAS, the City Council has determined that noise that travels more than 50 feet from its source disturbs the peace and repose of its citizens; and WHEREAS, it is demonstrated that enforcement of noise regulations is often difficult or impractical if a noise measuring device is required under every circumstance; and WHEREAS, the City Council held a public hearing on April 26, 2010 on this matter; and WHEREAS, upon adoption, this ordinance will be submitted to the Department of Ecology for review and approval, pursuant to RCW 70.107.060; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Amended. TMC Chapter 8.22 shall read as follows: Chapter 8.22 NOISE Sections: 8.22.010 Purpose 8.22.020 Definitions 8.22.030 General Powers of the Administrator 8.22.040 Measurement of Sound 8.22.050 Maximum Permissible Sound Levels 8.22.060 Muffler Requirements 8.22.070 Modification of Motor Vehicles 8.22.080 Tire Noise 8.22.090 Motor Vehicle Exemptions 8.22.100 Sounds Exempt at all Times 8.22.110 Sounds Exempt During Daytime Hours 8.22.120 Variances 8.22.130 Extension 8.22.140 Fees for Variances 8.22.150 Violation Penalty 8.22.160 Liability Page 1 of 8 73 74 Section 2. Regulations Amended. TMC Section 8.22.010 shall read as follows: 8.22.010 Purpose. It is the express purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. Section 3. Regulations Amended. TMC Section 8.22.020 shall read as follows: 8.22.020 Definitions. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 1. 'Administrator" means the Director of Community Development, the Chief of Police, or their designee, including the Hearing Examiner. 2. "Affected tenant" means a business located within a required public notice area which conducts business or maintains open hours during the time period in which a noise variance is sought. For example, businesses closed during the night are not affected tenants when a nighttime noise variance is sought. "Affected tenants" refers to business tenants only and not residential tenants. 3. "Audio equipment" means compact disc players, radios, stereo systems, televisions, video cassette recorders, mp3 players and other such devices. 4. "Commercial music" means music originating from or in connection with the operation of any commercial establishment or enterprise. 5. "Construction" means any site preparation, assembly, erection, demolition, substantial repair, alteration, or similar action for or of public or private rights -of -way, structures, utilities or similar property. 6. "Daytime" means 7AM -1OPM, Monday through Friday and 8AM -1OPM, Saturday, Sunday and State recognized holidays. 7. "dB(A)" means the sound level measured in decibels, using the A- weighting network. 8. "District" or "noise control district" means the land use zones to which the provisions of this chapter are applied. For the purposes of this chapter: a. "Residential district" includes zones designated as LDR, MDR and HDR; b. "Commercial district" includes zones designated as MUO, 0, RCC, NCC, RC, RCM, TUC, C /LI and TVS; and c. "Industrial district" includes zones designated as LI, HI, MIC /L and MIC /H. 9. "Emergency work" means work required to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities for restoring immediately necessary utility service. 10. "Equipment" means any stationary or portable device or any part thereof capable of generating sound. 11. 'Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except that farm equipment and vehicles powered by engines of less than five horsepower shall not be included. 12. "Motor vehicle" means any vehicle that is self propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010. (Aircraft, watercraft and vehicles used exclusively on stationary rails or tracks are not "motor vehicles" as the term is used herein.) 13. "Motor vehicle sound systems" means audio equipment installed or used in a motor vehicle. 14. "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and designed to reduce the sound resulting therefrom. 15. "Nighttime" means 10PM -7AM, Monday through Friday and 10PM -8AM, Saturday, Sunday and State recognized holidays. 16. "Noise" means the intensity, duration and character of sounds from any and all sources. 17. "Noise sensitive unit" means real property used as a residence, school, church, hospital or public library. Property located in an industrial or commercial zone is not a noise sensitive unit unless it meets the above criteria. W:\ Word Processing\ Ordinances\ Noise. docx DM:ksn 04/28/201D Page 2 of 8 18. "Person" means any individual, firm, association, partnership, corporation or any other entity, public or private. 19. 'Plainly audible" means sound made by a sound producing source that can be heard by a person using their unaided hearing faculties. Plainly audible sound includes any component of sound, including but not limited to, rhythmic bass or comprehensible musical rhythms. It is not necessary for such person to be able to determine the title, specific words or artist of music or the content of any speech for the sound to be considered "plainly audible." 20. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Washington State Department of Transportation (WSDOT) or any county or city, when any part thereof is generally for the use of the public for purposes of vehicular travel or a matter of right. 21. "Real property" means an interest or aggregate of rights in land that is guaranteed and protected by law; for purposes of this chapter, the term "real property" includes a leasehold interest. 22. "Receiving property" means real property within which the maximum permissible sound levels specified herein shall not be exceeded from sources outside such property. Individual offices or dwelling units within a building may constitute a receiving property. 23. "Residence" means a building regularly or intermittently occupied by a person for dwelling, lodging or sleeping purposes. 24. "Residential party" means a social gathering held in a place of residence. 25. "Sound level" means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications, Section 1.4 -1971. 26. "Sound level meter" means a sound level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, ANSI S1.4 -1983. 27. "Sound- producing source" means anything that is capable of making sound. Sound producing source includes, but is not limited to, the following: a. air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles) and swimming pool or hot tub pumps; b. air horns, bells or sirens; c. audio equipment; d. domestic tools, including chain saws, electric drills, electric saws, hammers, lawn mowers, leaf /snow blowers, and similar tools and devices; e. loudspeakers or public address systems; f. musical instruments; g. human voice; h. animal sounds; i. mechanical or electrical noise; j. vehicle engines or exhaust systems, other than regular traffic upon a highway, road or street; k. residential party; 1. motor vehicle sound systems; or m. commercial music 28. Waring device" means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including, but not limited to, a burglar alarm or vehicle backup signal, but not including any fire alarm. Section 4. Regulations Amended. TMC Section 8.22.030 shall read as follows: 8.22.030 General Powers of the Administrator. A. Subject to the provisions of this code, the administrator may take such action as may be necessary to abate a sound producing source that causes or may cause, by itself or in combination with any other sound producing source or sources, an unreasonable or prohibited noise. The administrator may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this chapter. B. The administrator may promulgate such rules as are necessary to effectuate the purposes of this chapter, including but not limited to, rules setting forth specifications for the operation, installation, best available technology, or manufacture of sound generating equipment or devices or sound mitigation equipment or devices. W:\ Word Processing Ordinances \Noise.docx DM:ksn 04/28/2010 Page 3 of 8 75 76 C. The administrator may promulgate such rules as are necessary vdith regard to standards and procedures to be followed in the measurement of sound pressure levels governed by the provisions of this chapter. D. The administrator shall have the power to issue notices of violation for violations of this chapter. Section 5. Regulations Amended. TMC Section 8.22.040 shall read as follows: 8.22.040 Measurement of Sound. A. The use of a sound level meter is not required to verify a noise violation. B. If the measurement of sound is made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirement for a Type I or Type II instrument, as described in American National Standards Institute Specifications, ANSI S1.4 -1983. If the measurements are made with other instruments or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in ANSI S1.44983 for Type II instruments. Section 6. Regulations Amended. TMC Section 8.22.050 shall read as follows: 8.22.050 Maximum Permissible Sound Levels. It is a violation to produce sound in excess of the permissible sound levels established by this chapter. 1. No person may produce or permit to be produced sound that exceeds the following maximum permissible sound levels when measured at or within the boundary of a receiving property: District of Sound Producing Source 1 Residential 1 Commercial 1 Industrial 2. At any hour of the day or night, the applicable noise limitations above may be exceeded for any receiving property by no more than: a. 5 dB(A) for a total of 15 minutes in any one -hour period; b. 10 dB(A) for a total of 5 minutes in any one -hour period; or c. 15dB(A) for a total of 1.5 minutes in any one -hour period. 3. The following also exceeds the maximum permissible sound levels: a. In all districts of the City, no sound from a sound producing source is permitted that is: 1) plainly audible from a motor vehicle sound system at a distance of at least 50 feet from the vehicle itself; 2) plainly audible commercial music at a distance of at least 50 feet from the property line of the commercial establishment; or 3) plainly audible during nighttime hours from within a noise sensitive unit of the receiving property; and b. When the receiving property is in a residential district, no sound from a sound producing source is permitted that is plainly audible at a distance of at least 50 feet from the exterior of a sound producing source, including sounds created by any motor vehicle operated off public highways. Section 7. Regulations Amended. TMC Section 8.22.060 shall read as follows: 8.22.060 Muffler Requirements. It is unlawful for any person to operate or for any owner to permit any person to operate any motor vehicle upon the public highways that is not equipped with a muffler in good working order and in constant operation. Section 8. Regulations Amended. TMC Section 8.22.070 shall read as follows: 8.22.070 Modification of Motor Vehicles. It is unlawful for any person to operate a vehicle that has been modified or changed in any way or has had installed any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative or cause to be removed or rendered inoperative (other than for purposes of maintenance, repair or replacement) any muffler or sound dissipative device on a motor vehicle that is operated on the public highway. W:\ Word Processing Ordinances \Noise.docx DM:ksn 04 /28/2010 District of Receiving Property Residential, I Residential, Daytime Nighttime 1 Commercial Industrial 55 dB(A) 1 45 dB(A) 1 57 dB(A) 1 60 dB(A) 57 dB(A) 1 47 dB(A) 1 60 dB(A) 1 65 dB(A) 60 dB(A) 1 50 dB(A) 1 65 dB(A) 1 70 dB(A) Page 4 of 8 Section 9. Regulations Amended. TMC Section 8.22.080 shall read as follows: 8.22.080 Tire Noise. It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason; provided, that sound resulting from emergency braking to avoid imminent danger shall be exempt from this section. Section 10. Regulations Amended. TMC Section 8.22.090 shall read as follows: 8.22.090 Motor Vehicle Exemptions. Sounds created by motor vehicles operated on public highways are subject to the provisions of TMC Sections 8.22.060 through 8.22.080 and are exempt from TMC Section 8.22.050. However, sounds created by motor vehicles operated off public highways and motor vehicle audio systems operated anywhere are subject to the provisions of TMC Section 8.22.050. Section 11. Regulations Amended. TMC Section 8.22.100 shall read as follows: 8.22.100 Sounds Exempt at all Times. A. The following sound- producing sources are exempt from the provisions of this chapter at all times: 1. Aircraft in flight and sounds that originate at airports that are directly related to flight operations. 2. Safety and protective devices, such as relief valves and fire alarms, where noise suppression would defeat the intent of the device. 3. Systems used to warn the community of an imminent public danger or attack, such as flooding, explosion or hurricane. 4. Emergency equipment activated in the interest of law enforcement, activated to perform emergency work as defined in TMC Section 8.22.020, or activated in response to a power outage where it is necessary to activate such equipment to preserve the health and safety of persons or to prevent harm to property. 5. Warning devices not operated continuously for more than five minutes per incident. 6. The operation of equipment or facilities of surface carriers engaged in commerce by railroad. 7. Natural phenomena. 8. City- sanctioned parades, sporting events and other City- sanctioned public events. 9. Sounds created by construction or the movement of construction- related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with electrical or internal combustion engines emanating from temporary construction sites, provided the receiving property is located in a commercial or industrial district of the City. 10. Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses or structures, including but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters, provided the receiving property is located in a commercial or industrial district of the City. 11. Sounds created by equipment used for public highway maintenance and construction, provided the receiving pro perty is located in a commercial or industrial district of the City. 12. Sounds created by existing or new electrical substations and existing or new stationary equipment used in the conveyance of water, waste water and natural gas by a utility are exempt from the nighttime reduction of TMC Section 8.22.050(B) only. B. Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility. The establishment of such requirement shall be subject to the provisions of RCW 34.05. Section 12. Regulations Amended. TMC Section 8.22.110 shall read as follows: 8.22.110 Sounds Exempt During Daytime Hours. A. The following sound producing sources are exempt from the provisions of this chapter during daytime hours: 1. Aircraft engine testing and maintenance not related to flight operations, provided that aircraft testing and maintenance shall be conducted at remote sites whenever possible. 2. Bells, chimes or carillons operating for not more than five minutes in any one hour. 3. Sounds created by construction or the movement of construction related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with W: \Word Processing Ordinances \Noise.docx DM:ksn 04/28/2010 Page 5 of 8 77 7 electrical or internal combustion engines emanating from temporary construction sites, provided the receiving property is located in a residential district of the City. 4. Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses or structures, including but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters, provided the receiving property is located in a residential district of the City. 5. Sounds created by the installation or repair of essential utility services. 6. Sounds created by equipment used for public highway maintenance and construction. 7. The testing of emergency back -up generators or other emergency equipment. B. Sounds originating from the discharge of firearms on shooting ranges authorized under State and local law are exempt from the provisions of this chapter between 7AM and 9PM, Monday through Friday and 8AM and 6PM, Saturday, Sunday and State recognized holidays. C. Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility. The establishment of such requirement shall be subject to the provisions of RCW 34.04. Section 13. Regulations Amended. TMC Section 8.22.120 shall read as follows: 8.22.120 Variances. A. Any person who owns or operates a sound producing source may apply for a variance. B. Application types are based on the number of days /nights the sound source will exceed the maximum permissible sound levels as shown in the following table: Number of days /nights maximum permissible sound level may be exceeded within a 12 -month period 30 days or less 31 -60 days More than 60 days W:\ Word Processing Ordinances \Noise.docx DM:ksn 04/28/2010 Variance Permit Type Type 1 Administrative Variance Type 2 Administrative Variance Type 3 Variance Notice of Application Requirements No notice Mailed notice Mailed notice (1,2) Public Hearing Requirements No Hearing No Hearing Public Hearing (1) Mailed notice shall be provided per TMC Section 18.104.120 excepting that tenants that are not affected tenants per TMC Section 8.22.020 are not required to be sent notice. (2) The administrator shall have the discretion in unusual circumstances (i.e., unusual type or intensity of noise or Length of request) to require (additional) public notification procedures, such as causing notice to be published on the City's website, nailed notice provided to n wider geographic area, and/or notice posted at the site. (3) In the case of residential parties and prior to granting the variance, the applicant shall provide written notice to all residents within 500 feet of where the event is being held. When the 500 foot radius includes multi family coinplexes, all residents of the co1)1plex shall be notified. C. Variance types, procedures and appeals are pursuant to Title 18 of the Tukwila Municipal Code. D. Applications for a variance to exceed the maximum permissible sound levels shall supply information, including but not limited to: 1. The nature, source, intensity and location of the sound; 2. The hours during the day and /or night the noise will occur; 3. The number of days and /or nights the noise will occur; 4. The ambient sound level during the time of day or night for which the variance is being sought; 5. The time period for which the variance is requested; 6. The reason for which the noise violation cannot be avoided; 7. Mitigating conditions the applicant will implement to minimize the sound level violations; 8. The name, address and means of contacting a responsible party during the hours of operation for which the variance is requested; and Page 6 of 8 9. Any additional information or studies regarding any aspect of the requested variance that is deemed necessary to complete the review of the variance request. E. No variance in the provisions or requirements of this chapter shall be authorized by the administrator unless the administrator finds that all of the following facts and conditions exist 1. There are exceptional or extraordinary circumstances or conditions applying to the appellant's property or as to the intended use thereof that do not apply generally to other properties in the same noise control district; 2. Such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the appellant, such right being possessed by the owners of other properties in the same noise control district; 3. The authorization of such variance does not endanger public health or safety of named persons in the same or adjacent noise control districts; 4. The granting of such variance will not adversely affect the general policy and purpose of this act as set forth in TMC Section 8.22.010. F. In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter. The variance permit shall enumerate the conditions of the variance, including but not limited to: 1. Specific dates and times for which the variance is valid; 2. Additional mitigation measures or public notice requirements as determined by the administrator. G. In establishing conditions on granting a variance, the administrator shall consider: 1. Whether the public health, safety or welfare is impacted; 2. The social and economic value of the activity for which the variance is sought; 3. The ability of the applicant to apply best practical noise control measures; 4. Physical conditions that create a significant financial hardship in complying with the provisions of this chapter; and 5. Any comments received during public notice or public meeting, if provided, and comment or lack of comment received during similar noise generating events in the past. H. The variance permit may be revoked by the administrator and the issuance of future variance permits withheld, if there is: 1. Violation of one or more conditions of the variance permit; 2. Material misrepresentation of fact in the variance application; or 3. Material change in any of the circumstances relied upon by the administrator in granting the variance. Section 14. Regulations Amended. TMC Section 8.22.130 shall read as follows: 8.22.130 Extension. A. Variances granted pursuant to this chapter may be extended on terms and conditions applicable to the initial granting of the variance. B. If granted for a shorter timeframe than otherwise allowed under the permit type, the holder of a variance permit may request one or more extensions. C. Prior to granting an extension, the administrator shall consider any comment or lack of comment received during the initial variance period. D. The administrator may request any information deemed necessary to the consideration of the extension, including but not limited to noise monitoring reports and an updated assessment demonstrating there are no practical means known or available for the adequate abatement or control of the noise involved. E. Any request for an extension shall be submitted in writing and received by the administrator at least 15 days prior to expiration of a Type 1 or 2 variance and at least 30 days prior to the expiration of a Type 3 variance. F. A request for an extension does not require re- noticing or a public hearing, but may be required by the administrator. Section 15. Regulations Amended. TMC Section 8.22.140 shall read as follows: 8.22.140 Fees for Variances. An application fee and charges shall be paid at the time the variance application is filed with the City. The fees and charges shall be per the Land Use Fee Schedule most recently adopted by the City Council. The LDR fee in the Land Use Fee Schedule W:\ Word Processing\ Ordinances\ Noise.docx DM:lsn 04/28/2010 Page 7 of 8 79 80 applies when the entire district of sound source and the entire district of all receiving properties is LDR. In all other instances, the "Other Zones" fee applies. Section 16. Regulations Amended. TMC Section 8.22.150 shall read as follows: 8.22.150 Violation Penalty. A. Every person, entity, firm or corporation who is determined to be in violation of this chapter has committed a civil infraction and shall be subject to the provisions of TMC Section 8.45.050. The monetary penalties are set forth below: 1. First civil penalty, $250.00. 2. Second civil penalty, $500.00. 3. Third and subsequent violations shall be misdemeanors, the maximum penalty for which shall be 90 days in jail or a fine of $1,000.00 or both fine and imprisonment. 4. At such time that two civil penalties have been assessed within a one -year period, City- issued permits and /or licenses for the site or the site activity may be suspended or revoked until the condition is corrected. 5. Each day that a property or person is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter. B. The administrator may waive or reduce monetary penalties if findings are made demonstrating that the noise violation has been remedied. C. The owners, agents, contract buyers, tenants or lessees of all residential dwellings, commercial establishments, and or real estate upon which a violation of this chapter is found shall be jointly and severally responsible for compliance with this chapter and jointly and severally liable for any damages or costs incurred or imposed under this chapter. D. The penalties set forth in this chapter are not exclusive. The City may avail itself of any other remedies provided by law. Section 17. Regulations Amended. TMC Section 8.22.160 shall read as follows: 8.22.160 Liability. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, its officers, employees or agents for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents. Section 18. Repealer. Ordinance No. 2002 is hereby repealed. Section 19. 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 20. 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 following review and approval by the Department of Ecology, pursuant to RCW 70.107.060. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: CIuisty O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W:\ Word Processing Ordinances \Noise.docx DM:ksn 04/28/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 8 of 8 Administrative Variance for Noise 30 days or Less (TMC 8.22.120) Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this Chapter Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) 1 Development Permit Minor modification to design review approval (TMC Section 18.60.030) Minor Modification to PRD (TMC Section 18.46.130) City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2119, 2135, 2235 AND 2251, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS TO REFLECT CHANGES TO TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN E1' ICTIVE DATE. WHEREAS, the noise code of the City of Tukwila establishes permit application types pursuant-to the Zoning Code; and WHEREAS, the Zoning Code of the City of Tukwila lists permit application types and procedures and the City wishes to update these permit types to include noise variance applications; and WHEREAS, on April 26, 2010, the Tukwila City Council Committee of the Whole, following adequate public notice, held a public hearing to receive testimony concerning amending the noise code and adopted a motion recommending the proposed changes; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinances Amended. Ordinance Nos. 2119 51, 2135 519, 2235 519 and 2251 (part), as codified at TMC Section 18.104.010, are amended to read as follows: 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and /or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. Type 1 decisions are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. Type 1 Decisions 1 TYPE OF PERMIT 1 DECISION MAKER 1 Community Development Director As specified by ordinance Community Development Director Building Official Community Development Director Community Development Director W: \Word Processing \Ordinances \Title 13 Zoning Code Noise.doc KS:ksn 04/28/2010 Page 1 of 4 81 8 1 TYPE OF PERMIT Sign Permit, except for those sign permits specifically requiring approval of the Planning Commission, or denials of sign permits that are appealable 1 Tree Permit (TMC Chapter 18.54) Wireless Communication Facility, Minor (TMC Chapter 18.58) TYPE OF PERMIT Administrative Design Review (TMC Section 18.60.030) Administrative Planned Residential Development (TMC Section 18.46.110) Administrative Variance for Noise 31 -60 days (TMC Section 8.22.120) Binding Site Improvement Plan (TMC Chapter 17.16) Cargo Container Placement (TMC Section 18.50.060) Code Interpretation (TMC Section 18.90.010) Exception from Single Family Design Standard (TMC Section 18.50.050) Modification to Development Standards (TMC Section 18.41.100) Parking standard for use not specified (TMC Section 18.56.100) Sensitive Areas (except Reasonable Use Exception) (TMC Chapter 18.45) Shoreline Substantial Development Permit (TMC Chapter 18.44) Short Plat (TMC Chapter 17.12) Sign Area Increase (TMC Section 19.32.140) Sign Permit Denial (TMC Chapter 19.12) Special Permission Parking, and Modifications to Certain Parking Standards (TMC Sections 18.56.065 and .070) Special Permission Sign, except "unique sign" (various sections of TMC Title 19) W: \Word Processing \Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 04 /28/2010 1 DECISION MAKER 1 Community Development Director 1 Community Development Director Community Development Director 2. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 2 Decisions INITIAL DECISION MAKER Community Development Director Short Plat Committee Short Plat Committee Community Development Director Community Development Director Community Development Director APPEAL BODY (open record appeal) Board of Architectural Review Hearing Examiner Community Development Hearing Examiner Director Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Community Development Hearing Examiner Director Community Development Hearing Examiner Director Community Development Hearing Examiner Director Community Development State Shorelines Director Hearings Board Short Plat Committee Hearing Examiner Community Development Hearing Examiner Director Community Development I Hearing Examiner Director Community Development Hearing Examiner Director Community Development Hearing Examiner Director Page 2 of 4 TYPE OF PERMIT Wireless Communication Facility, Minor (TMC Chapter 18.58) 3. Type 3 decisions are quasi judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 3 Decisions TYPE OF PERMIT Conditional Use Permit Modifications to Certain Parking Standards (TMC Chapter 18.56) Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC Section 18.45.180) Resolve uncertain zone district boundary Shoreline Conditional Use Permit (TMC Section 18.44.050) Subdivision Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) TSO Special Permission Use (TMC Section 18.41.060) Variance (zoning, shoreline, sidewalk, land alteration, sign) Variance from Parking Standards over 10% (TMC Section 18.56.140) Variance for Noise in excess of 60 days (TMC Section 8.22.120) Wireless Communication Facility, Major or Waiver Request (TMC Chapter 18.58) 4. Type 4 decisions are quasi judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 4 Decisions TYPE OF PERMIT Public Hearing Design Review (TMC Chapter 18.60) Subdivision Preliminary Plat with an associated Design Review application (TMC Section 17.14.020) Unique Signs (TMC Section 19.28.010) W: \Word Processing Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 04/28/2010 I INITIAL DECISION MAKER Community Development Director DECISION MAKER Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Planning Commission Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Exaniiner Hearing Examiner INITIAL DECISION MAKER Board of Architectural Review Planning Commission Planning Commission APPEAL BODY (open record appeal) Hearing Examiner APPEAL BODY I 1 Superior Court Superior Court Superior Court Superior Court I State Shorelines Hearings Board Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court APPEAL BODY (closed record appeal) Hearing Examiner Hearing Examiner Hearing Examiner 5. Type 5 decisions are quasi- judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. Page 3 of 4 83 84 Type 5 Decisions TYPE OF PERMIT Planned Residential Development (PRD), including Major Modifications (TMC Chapter 18.46) 1 Rezone (TMC Chapter 18.84) Sensitive Area Master Plan Overlay (TMC Section 18.45.160) Shoreline Environment Re- designation (Shoreline Master Program) 1 Subdivision Final Plat (TMC Section 17.12.030) 1 Unclassified Use (TMC Chapter 18.66) Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W:\ Word Processing Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 04/28/2010 DECISION MAKER City Council City Council City Council City Council City Council City Council Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: I APPEAL BODY Superior Court 1 Superior Court I Superior Court Superior Court Superior Court Superior Court Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force following review and approval by the Department of Ecology, pursuant to RCW 70.107.060. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Page 4 of 4 ty of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, AMENDING RESOLUTION NO. 1672, LAND USE FEE SCHEDULE, TO INCLUDE A NEW NOISE FEE SCHEDULE. WHEREAS, the City has adopted a revised Noise Code, pursuant to Tukwila Municipal Code Chapter 8.22; and WHEREAS, the City is authorized to impose fees for services rendered; and WHEREAS, the amended fee resolution will take effect and be in full force following review and approval by the Department of Ecology; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The following fees shall be added to the Land Use Fee Schedule: Type Type 1 Type 2 Type 3 Office of the City Attorney Permit Type LDR Noise Administrative Variance 30 days or less (TMC Section 8.22.140) Noise Administrative Variance 31-60 days (TMC Section 8.22.140) Noise Variance in excess of 60 days (TMC Section 8.22.140) ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: W \Word Processing \Resolutions \Noise Fee Schedule docz SM 428/2010 Filed with the City Clerk: Passed by the City Council: Resolution Number: Other Zones $400 $400 $550 $550 $1,260 $1,260 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. Dennis Robertson, Council President Page 1 of 1 85 86 1 SPONSOR SPONSOR'S S UMMARY Fund Source: Comments: EXPENDITURE REQUIRED COUNCIL AG/;NDA SYNOPSIS Initialr Meeting Date I Prepared by May opncil review 04/26/10 1 JP 1: 05/03/10 1 JP 7-'C d K 1 ITE M'INFORMATION CAS NUMBER: 1 0 0 5 1 I ORIGINAL AGENDA DATE: APRIL 26, 2010 AGENDA ITEM TITLE Interlocal agreement between King County and the City of Tukwila relating to processing of building permits and and use applications for the Tukwila South annexation area CATEGORY Discussion n Motion Resolution I I Ordinance Bid Award n Public Hearing Other Mtg Date 04/26/10 Mtg Date Mtg Date 05/03/10 Mtg Date Mtg Date Mtg Date Mtg Date Council Mayor n Adrn Svcs DCD Finance Fire Legal P Police n PV Interlocal agreement between King County and the City of Tukwila to have King County staff continue to process any building permits or land use applications that were filed with King County prior to the Tukwila South annexation becoming effective. The Council is being asked to consider the interlocal agreement and authorize the Mayor to sign it and approve the resolution authorizing King County to charge application fees per Kina County Code. REVIEWED BY n COW Mtg. CA &P Cmte F &S Cmte n Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 4/12/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMIITIE Unanimous Approval; Forward to Committee of the Whole MTG. DATE RE:C.O OF COUNCIL ACTION 1 04/26/10 Forward to Next Regular Meeting !AC=T:1IPU SO URCE AMOUNT BUDGETED 11 n Transportation Cmte APPROPRIATION REQUIRED MTG. DATE :r ATTACHMENTS 04/26/10 Informational Memorandum dated 04/20/10 Resolution in draft form Interlocal Agreement between King County and City of Tukwila Minutes from the Community Affairs and Parks Committee meeting of 4/12/10 05/03/10 JResolution in Final Form ITEM No. 87 88 City of Tukwiia Washington Resolution No A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT RELATED TO THE PROCESSING OF BUILDING PERMITS AND LAND USE APPLICATIONS FILED PRIOR TO THE EFFECTIVE DATE OF THE TUKWILA SOUTH ANNEXATION AREA. WHEREAS, the City of Tukwila and King County entered into an interlocal agreement related to the processing of building permits and land use applications; and WHEREAS, any building permits and land use applications filed with King County prior to the effective date of the Tukwila South Annexation are vested to the King County Code; and WHEREAS, the interlocal agreement states that the City shall adopt legislation authorizing King County to charge building permit and land use application fees in amounts currently specified or hereafter adopted in King County Code Title 27 for applications processed by the County in accordance with the terms of the interlocal agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City of Tukwila authorizes King County to charge fees in amounts currently specified or hereafter adopted in King County Code Title 27 for applications processed by King County in accordance with the terms of the interlocal agreement between King County and the City of Tukwila related to the processing of building permits and land use applications filed with King County prior to the effective date of the Tukwila South Annexation. 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 Attachment: Interlocal Agreement with King County W;\ Word Processing Resolutions \Tukwila South KC Interlocal.doa JP:ksn 04 /28/2010 Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 89 90 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA RELATING TO PROCESSING OF BUILDING PERMITS AND LAND USE APPLICATIONS THIS AGREEMENT is made and entered into this day by and between the City of Tukwila, a municipal corporation in the State of Washington (hereinafter referred to as the "City and King County, a home rule charter County in the State of Washington (hereinafter referred to as the "County WHEREAS, the City annexed an area of unincorporated King County described in Attachment 1 (referred to herein as the annexation area); and WHEREAS, all local governmental authority and jurisdiction with respect to the Annexation Area transfers from the County to'the City upon the date of annexation; and WHEREAS, the County and City agree that having County staff process various Annexation Area building permits and land use applications on behalf of the City for a transitional period will assist in an orderly transfer of authority and jurisdiction; and WHEREAS, it is the parties' intent by virtue of this Agreement that any and all discretionary decisions shall be made by the City; and WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW Chapter 39.34; NOW, THEREFORE, in consideration of the terms and provisions, it is agreed by and between the City and the County as follows: 1. Fees. The City shall adopt legislation authorizing the County to charge applicants fees in amounts currently specified or hereafter adopted in King County Code Title 27 for applications processed by the County in accordance with the tennis of this Agreement. 2. Pre annexation Building Permit Applications Filed with King County. 2.1 Except as otherwise provided for herein, the County shall continue to review on behalf of the City all vested building- related permit applications filed with the County before the effective date of annexation that involve property within the Annexation Area. For the purposes of this Agreement, building related peunits include but are not limited to building peimits, mechanical peuiiits, fire systems /fire sprinkler peinuits and clearing and grading peitnits. Review by the County shall occur in accordance with the regulations to which the applications are vested. Any decision regarding whether or when an application has vested shall be made by the City. 2.2 Except as provided in Section 4 of this Agreement, the County's review of building related permits shall include rendering decisions to approve, condition or deny such applications; conducting inspections; issuing correction notices, certificates of occupancy, permit extensions and completion of extensions; and evaluating compliance with approval conditions that extend beyond issuance of a certificate of occupancy. The County agrees to consult with the City prior to rendering any administratively appealable building related permit decision. Appeals of building related permit 91 92 decisions, if any, shall be processed by the City in the same manner as appeals of land use permits are addressed in Section 3.4; provided that the City and County may agree to have the County conduct such appeals on behalf of the City in particular instances where such processing by the County would further the orderly transition envisioned by this Agreement. 2.3 The County shall receive and process any permit applications made following annexation that implement conditions of a Commercial Site Development permit issued by the County prior to annexation. The County shall additionally receive and process ancillary permit applications, such as fire and mechanical permits, that are made following annexation and that are essential for completion of an approved project permit. 2.4 The County shall review and make a recommendation to the City on requests to renew County permits within the Annexation Area that are approaching their expiration date without having completed the permitted activity. The City shall render any final decisions on such requests. 2.5 The County shall review and render decisions on requests for changes to approved building related permit plans up to the time that either a certificate of occupancy is issued or final construction approval has been issued for the project. Following issuance of the certificate of occupancy or final construction approval, requests for changes to the approved set of plans shall be referred to the City. The City intends to process such requests as new permit applications. 2.6 The County shall review and make recommendations to the City's designated decision maker on applications to vary adopted road or drainage standards that are made in conjunction with a building related application being reviewed by the County pursuant to this Agreement. All final decisions on such variance applications shall be rendered by the City. 3. Pre annexation Land Use Permit Applications Filed with King County. 3.1 Except as otherwise provided for herein, the County shall continue to review on behalf of the City all vested land use permit applications filed with the County before the effective date of annexation that involve property within the Annexation Area. Review by the County shall occur in accordance with the regulations to which the applications are vested. Any decisions regarding whether or when an application has vested shall be made by the City. 3.2 For those vested land use applications that do not require a public hearing prior to issuance, the County will continue to process such applications and shall make a report and recommendation to the City's designated decision maker based upon the regulations under which the applications are vested. Any decisions to approve, deny, or approve with conditions such applications shall be made by the City's designated decision maker and will be processed pursuant to the City's applicable land use review and appeal procedures. 3.3 Notwithstanding any other provision of this Agreement, applications for any rezone and any associated permit applications shall be referred to the City for all further processing. 3.3 For those vested land use applications that require quasi judicial or legislative approval, e.g., subdivision or conditional use, or which involve administrative appeals, the County shall prepare a report and preliminary recommendation to the City's designated decision maker for a final decision or a recommendation to the designated decision -maker pursuant to the City's applicable land use review and Tukwila Interlocal Agreement Page 2 of 8 Building and Land Use Permit Processing appeal procedures. The City's decision -maker shall not be a County employee. The City shall be responsible for scheduling, providing notice, conducting any public hearings required, and making any decision in conjunction with the application. County staff may attend the public hearing to testify with respect to analysis set forth in the County's report and preliminary recommendation. 3.4. The County shall continue to review those vested subdivision, short subdivision and binding site plan applications that have not yet received preliminary approval up to the point of making a recommendation to the City's designated decision maker on preliminary approval. At the request of the City, County staff shall appear at the public hearing to testify with respect to analysis set forth in the County's preliminary recommendation. 3.6 For those vested subdivision, short plat and binding site plan applications that have received preliminary approval prior to annexation, the County shall continue and complete all post preliminary review up to the point of making a recommendation to the City on final approval. For purposes of this section, post preliminary review includes: engineering plan approval, final plat, short plat or binding site plan approval, and construction inspection approval. 3.7 The County shall review and make recommendations to the City's designated decision maker on applications to vary adopted road or drainage standards that are made in conjunction with a land use application being reviewed by the County pursuant to this Agreement. All final decisions on such variance applications shall be rendered by the City. 3.8 The County shall review and render decisions on requests for changes to approved land use peiniit engineering plans up to the time that final construction approval has been issued for the project. Following issuance of final construction approval, requests for changes to the approved set of plans shall be referred to the City. 4. List of Proiects and Notice of Meetings. 4.1 The County will prepare and send to the City a quarterly list of all building, land use and associated ancillary permit applications pending within the Annexation Area as of the date of annexation. The list shall include the status of the projects as it is shown in the County Permits Plus system. The City or County may at any time exclude from this Agreement any application(s) on any such list upon providing to the County or City ten days advance written notice of its intent to exclude the application(s). Upon excluding any application from review under this Agreement, the County shall turn the application over to the City for all further processing. 4.2 The County shall notify the City of all technical screening meetings, pre construction conferences and engineering pre submittal meetings for projects being reviewed by the County under this Agreement. Such notice shall be provided promptly upon scheduling of the meeting. The City may participate in these meetings to learn more about the project and to offer comments. 4.3 The County shall provide the City with a copy of files and records of all land use and building permit applications processed under this Agreement upon completion of permit review, teimination of the Agreement under Section 11 or expiration of the Agreement, whichever comes first. Tukwila Interlocal Agreement Page 3 of 8 Building and Land Use Permit Processing, 93 5. SEPA Compliance. 5.1. In order to satisfy the procedural requirements of the State Environmental Policy Act (SEPA), the City shall serve as lead agency for all Annexation Area building permit and land use applications, including those being processed by the County pursuant to this Agreement. 5.2. Any and all appeals from SEPA threshold determinations and other SEPA matters relating to projects within the City shall be heard and decided by the City. 5.3. For those permit applications requiring a SEPA determination, the County will not take final action upon the application until the City has acted. Upon written request with regard to a particular project being reviewed by the County, the County agrees to provide technical and administrative SEPA assistance to the City on that project. Such assistance may include, but is not limited to: review of an applicant's environmental checklist and collection of relevant comments and facts; preparation of a proposed SEPA threshold determination with supporting documentation for approval, publication and notice by the County on behalf of the City; preparation and submittal of a written review and comment on any appeal received on a SEPA threshold determination recommended by County staff to the City; attendance at appeal hearings to testify with respect to analysis of environmental impacts, mitigation measures and the environmental review process; preparation of any required draft, final, addendum or supplemental EIS for approval of the City; and coordination of adopted or required SEPA measures of mitigation with project review staff. 5.4. Any decision whether to condition or deny an application on SEPA grounds shall be made by the City. 6. Administrative and Ministerial Processing. County review specified in this Agreement is intended to be of an administrative and ministerial nature only. Any and all final recommendations on legislative or quasi-judicial decisions or decisions of a discretionary nature shall be made by the City's designated decision maker and processed pursuant to the City's applicable review and appeal procedures. 7. Code Enforcement and Financial Guarantees. 7.1. Within a reasonable period following the effective date of this Agreement, the County shall provide the City with a list and brief explanation of all Annexation Area code enforcement cases under review by the County at the time of annexation. The City shall be responsible for undertaking any code enforcement actions following the date of annexation. The County shall provide the City with copies of any Annexation Area enforcement files requested by the City. Tukwila Interlocal Agreement Page 4 of 8 9 Building and Land Use Permit Processing 7.2 Any financial guarantee that is intended to secure compliance with project conditions that are being or will be reviewed by the City shall be turned over to or posted with the City, which shall have sole authority and discretion over its release and/or enforcement. Any financial guarantee that has been posted or is otherwise required in order to guarantee compliance with conditions that are being reviewed by the County pursuant to this Agreement shall be retained by or posted with the County. On behalf of the City, the County is authorized to accept such financial guarantees and to release them where it determines that conditions for release have been satisfied. In making such decisions whether to release a financial guarantee instrument, the County may at any time seek direction from the City. The City shall be solely responsible for making any demands or initiating any legal action to enforce financial guarantees for Annexation Area projects. 7.3 Code enforcement abatement actions necessary to eliminate public health or safety hazards shall be the sole responsibility of the City. 8. Processing Priority. Within budgetary constraints, the County agrees to process pre annexation building and land use applications in accordance with the County's administrative procedures, at the same level of service as provided to County applications. 9. Fees and Reimbursement. 9.1 In order to cover the costs of providing services pursuant to the teiuis of this Agreement, the County is authorized to collect and retain such application and other fees authorized by the County fee ordinances adopted by the City pursuant to Section 1 above, or as may be modified at some future date by the County and the City. 9.2 For all applications excluded from County processing or transferred to the City pursuant to the terrirs of this Agreement, the County will retain the base permit fee and a percentage of fees equivalent to the percentage of permit processing and administration performed by the County on the application. Any remaining application fee amounts received by the County prior to the exclusion or transfer shall be promptly forwarded to the City. 9.3 In order to cover the costs of providing review, technical and administrative assistance, and other services not otherwise reimbursed pursuant to this Agreement, including but not limited to providing testimony at public hearings, the City shall pay the County at such hourly rate as specified in the version of King County Code Title 27 in effect at the time the services are performed. The County shall not seek reimbursement under this paragraph for review services performed on an individual permit application where the County has already been fully compensated for such services by the receipt of permit application review fees. The County shall provide the City with quarterly invoices for assistance and services provided, and the City shall tender payment to the County within thirty days after the invoice is received. 10. Duration. This Agreement shall become effective upon approval by the City and the County and shall continue until December 31, 2014, unless otherwise terminated in accordance with paragraph 11 or extended in accordance with paragraph 12. 11. Termination. Either party may terminate this Agreement for good cause shown upon providing at least sixty (60) days written notice to the other party. Upon expiration or termination of this Tukwila Interlocal Agreement Page 5 of 8 Building and Land Use Permit Processing 95 Agreement, the County shall cease further processing and related review of applications it is processing under this Agreement. The County shall thereupon transfer to the City those application files and records, posted financial guarantee instruments, and unexpended portions of filing fees for pending land use and building related applications within the Annexation Area. Upon transfer, the City shall be responsible for notifying affected applicants that it has assumed all further processing responsibility. 12. Extension. The City and County may agree to extend the duration of this Agreement through December 31, 2019 or to a date prior thereto. In order for any such extensions to occur, the City shall make a written request to the County not less than sixty (60) days prior to the otherwise applicable expiration date. Any agreement by the County to the proposed extension(s) shall be made in writing. If the parties have not agreed to the extension in writing by the otherwise applicable expiration date, the Agreement shall expire. 13. Application Process. The County and the City will each prepare and have available for applicants and other interested parties a document describing the handling of applications based on this Agreement. 14. Indemnification, Hold Harmless and Defense. 14.1 The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any principal or governmental or public law is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 14.2 The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, Ioss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the county, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. 14.3 The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. Tukwila Interlocal Agreement Page 6 of 8 9 6 Building and Land Use Permit Processing 14.4 In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility that arises in whole or in part from the existence or effect of City ordinances, rules, regulations, policies or procedures. If any cause, claim, suit, action or proceeding (administrative or judicial), is initiated challenging the validity or applicability of any City ordinance, rule or regulation, the City shall defend the same at its sole expense and if judgment is entered or damages awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorneys' fees. 15. Personnel. Control of County personnel assigned by the County to process applications under this Agreement shall remain with the County. Standards of perfouniance, discipline and all other aspects of perfoiniance shall be governed by the County. 16. Administration. This Agreement shall be administered by the County Director of the Department of Development and Environmental Services or his/her designee, and by the City's designated decision maker or his/her designee. 17. Amendments. This Agreement is the complete expression of the teens hereto and any oral representation or understanding not incorporated herein is excluded. Any modifications to this Agreement shall be in writing and signed by both parties. 18. Legal Representation. The services to be provided by the County pursuant to this Agreement do not include legal services, which shall be provided by the City at its own expense. 19. Notice of Annexation Area Processinn. In the event that the City intends for the County to conduct pelluit review in any future City Annexation Area pursuant to this Agreement, the City shall exercise its best efforts to provide the County with written notice of its intent no less than sixty days prior to the date County processing of such Annexation Area applications would occur. 20. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this Agreement based upon any provision set forth herein. Tukwila Interlocal Agreement Page 7 of 8 Building and Land Use Permit Processing 97 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. KING COUNTY King County Executive Dated Approved as to Form: DANIEL T. SATTERBERG King County Prosecuting Attorney By: Senior Deputy Prosecuting Attorney Dated CITY OF TUKWILA Tukwila Dated Approved as to Form: City Attorney Dated Tukwila Interlocal Agreement Page 8 of 8 98 Building and Land Use Permit Processing Tukwila Corporate Limits with Proposed Tukwila South Annexation Map Attachment 1 Legend City Limits Potential Annexation Area (PAA) Tukwila South Annexation Area Green/Duwamish River Unincorporated King County 100 1 CAS NUMBER: AGENDA ITEM TITLE A resolution formally adopting the Council Committee Meeting schedule. CATEGORY Discussion Motion Resolution n Ordinance n Bid Award n Public Hearing Other Mtg Date 4/26/10 Mtg Date Mtg Date 5/3/10 Mtg Date ,SPONSOR U Council Mayor n Adm Svcs DCD Finance Fire Legal 1 P&R I Police n PWl SPONSOR'S RCW 4230.030 states that all meetings of the governing body of a public agency shall be SUMMARY open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency. While the City's website has the full schedule of Council Committee meetings, it is in the best interest of the City to formally adopt legislation, by way of resolution, that establishes the Council Committee meeting days, times. and locations. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte I 1 Transportation Cmte 111 Utilities Cmte Arts Comm. Li Parks Comm. DATE: 4/20/10 RECOMMENDATIONS: SPONSOR /ADMIN. City Clerk's Office COMMITTEE Unanimous Approval; Forward to Committee of the Whole Fund Source: Comments: EXPENDITURE REQUIRED MTG. `[DATE to- o 1 1 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 04/26/10 CO 05/03/10 CO 4/26/10 Forward to Next Regular Meeting Initials Mayor's, evieu 1, Council review (-1 I) i' TEM INFORMATION 1 ORIGINAL AGENDA DA 1'h: APRIL 26, 2010 D SOURCE AMOUNT BUDGETED TACHMENTS Mtg Date Mtg Date Mtg Date RMO F <•:COU NCI LACTIO N MTG. DATE 1.. 4/26/10 Informational Memorandum dated 4/14/10 Resolution in draft form Council Procedures Ordinance #2024 Minutes from Finance and Safety Committee meeting of 4/20/10 5/3/10 Resolution in Final Form Planning Comm. ITEM (0 6 APPROPRIATION REQUIRED 101 102 APPROVED AS TO FORM BY: Office of the City Attorney Christy O'Flaherty, CMC, City Clerk City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING THE MEETING SCHEDULE FOR CITY COUNCIL COMMITTEES. WHEREAS, RCW 42.30.030 states that all meetings of the governing body of a public agency shall be open and public; and WHEREAS, all persons shall be permitted to attend any meeting of the governing body of a public agency; and WHEREAS, it is in the best interest of the City to inform all citizens of all City Council Committee meeting days, times and locations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant to City of Tukwila Ordinance No. 2024 and Tukwila Municipal Code Section 2.04.180, there are four standing committees of the Council, consisting of three members each. A quorum of the Tukwila City Council (four members) will not be present at any Council Committee meetings. The Council President shall appoint the membership of each committee and the Committee Chair by the second Regular Meeting of each year. The Chair for each committee shall set the schedule of meetings and cause them to be published. All meetings are open to the public. Section 2. The Council Committee meeting schedule and locations are as follows: 1. Community Affairs and Parks Committee meetings shall be held on the second and fourth Monday of every month at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, in Conference Room No. 3, commencing at 5:00 p.m. 2. Finance and Safety Committee meetings shall be held on the first and third Tuesday of every month at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, in Conference Room No. 3, commencing at 5:00 p.m. 3: Transportation Committee meetings shall be held on the first and third Monday of every month at the City of Tukwila Public Works Department, 6300 Southcenter Boulevard, Tukwila, Washington, Suite 100, commencing at 5:00 p.m. 4. Utilities Committee meetings shall be held on the second and fourth Tuesday of every month at the City of Tukwila Public Works Department, 6300 Southcenter Boulevard, Tukwila, Washington, Suite 100, commencing at 5:00 p.m. Section 3. Committee meetings falling on a Monday holiday will be held on Tuesday, with the regularly scheduled Tuesday meeting moving to Wednesday. In the event there is a Tuesday holiday, the Committee meeting will move to Wednesday. Section 4. In the event there is a fifth Monday in a month, there will be no Council Committee meetings during that week. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Council Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: W: \Word Processing Resolutions \Council Committee Meeting Schedule.doc MH:ksn 04/2S/2010 Dennis Robertson, Council President Filed with the City CIerk: Passed by the City Council: Resolution Number: Page 1 of 1 103 104 I CAS NUMBER: 1 0 V Fund Source: Comments: MTG.-DATE 1 4/26/10 EXPENDITURE REQUIRED TG= D 04/26/10 05/03/10 Meeting Date 04/26/10 05/03/10 COUNCIL AGENDA SYNOPSIS AGENDA ITEM TITLE Draft Agenda for Joint Meeting with the Tukwila School District. CATEGORY Discussion Motion Mtg Date 04/26/10 Mtg Date I SPONSOR Council Mayor U Adm Svcs SPONSOR'S SUMMARY n Resolution Mtg Date The Annual Joint School District City Council meeting will be held May 27, 2010. This year, the School District is hosting the meeting. They have prepared a draft agenda and have inquired if the City Council has any additions. Council President Robertson has requested this item be brought forward to the full Council for discussion. REVIEWED BY n COW Mtg. CA &P Cmte Utilities Cmte n Arts Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Council President COMMITTEE N/A RECORD OF COUNCIL ACTION Forward to 5/3/10 Meeting for discussion ATTACHMENTS Draft Agenda for May 27 Joint Meeting as issued by the School District. Draft Agenda for May 27 Joint Meeting as issued by the School District Initials Prepared by 1 Ma review I ouncal review KAM I fa4L I M KAM 1 1 ITEM INFORMATION I ORIGINAL AGENDA DATE: APRIL 26, 2010 n F &S Cmte Parks Comm. ST ;IMPACT SOURCE AMOUNT BUDGETED 11 Fl Planning Comm. ITEMNO. Ordinance Bid Award n Public Hearing Other Mtg Date Mtg Date DCD n Finance Fire Legal n P&R Police 1 PTV Mtg Date Mtg Date Transportation Cmte APPROPRIATION REQUIRED 105 106 Tuk ilk School\Dist ict oa rd of D Lectors Tu kwiia i y ounce. J. in et'ng DRAFT AGENDA y 27. 20 0 8`0 PIll. 1. Call To Order 2. Flag Salute 3. Roll Call 4. Approval of the Agenda 5. Update on the Howard Hanson Dam 6. Update on the light at 144 and 42n Avenue, Safe Schools Route 7. District and City Summer Programs 8. District Technology Update 9. Consolidation of School Districts 107 108 3rd (Monday) Transportation Cmte, 5:00 PM (CR #1) Civil Service Commission, 5:00 PM (CR #3) City Council Regular Mtg., 7:00 PM (Council Chambers) 10th (Monday) Community Affairs Parks Cmte, 5: 00 PM (CR #3) Committee of the Whole Mtg., 7:00 PM (Council Chambers) 4th (Tuesday) "r Chamber of Commerce Gov't Community Affairs Cmte., 12:00 NOON (Chamber Office) 3 Finance c te CANCELLED Arts Commission, 5:30 PM (Community Center) 11th (Tuesday) Tukwila Police Department's National Police Officers Memorial Day Ceremony City Council 9:00 AM Tukwila City Hall (at the flagpole) Utilities Cmte, 5:00 PM (CR 111) Tukwila International Boulevard Action Cmte, 7:00 PM (Community Center) Upcoming Meetings Events MAY 2010 5th (Wednesday) i Sister City r CANCELLED 12th (Wednesday) Ribbon- cutting Ceremony at Tukwila Pond 3:00 PM Andover Park West, south of Strander Blvd. (across f rom the Courtyard by Marriott hotel). Meet at the new interpretive sign. 6th (Thursday) Equity Diversity Commission, 5:15 PM (CR #3) Court 13th (Thursday) Grand Opening and Ribbon- cutting Ceremony Come see Seattle Southside's new visitor center! 4:00 to 8 :00 PM' 3100 S. 176th St., Seattle, Wash. 7th (Friday) 8th (Saturday) Celebrathzg 10 years Backyard Wildlife Festival at Tukwila Community Center A fun, FREE event for all! 9 AM Codiga Park dedication 9 AM 3 PM: Vendors, workshops and presentations, crafts, music, recycled art show 3 PM 5 PM: Self- guided tour of local gardens certified as backyard wildlife habitats Visit www.backvard wildlifefair.ora for times and information on other events including a guided bird tour, Ed Hume, Linda Chalker -Scott, and composting demonstration (or call 206- 768 2822.) 14th (Friday) Human Services Advisory Board, 10:00 AM (Human Services office) Council Coffee Chat 10:00 AM to 12:00 NOON at Starbucks (13038 Interurban Ave.) Stop by and informally talk with a Tukwila City Council- member about anything on your mind regarding Tukwila. 15th (Saturday) Residential Recycling Collection Event 9:00 AM to 3:00 PM Tukwila Village site at the corner of S. 144th St 41st Ave. S. (one block west of Foster High School) Look under "Headlines" at www.ci.tukwila.wa.us for additional information. Sunday, May 16 D n 3:00 PM Foster Performing Arts Center For mare information call 206 -781 -5618 or visit www.. rain iersymphony. org 3 Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Hinthorne at 206 -575 -1633. ➢City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206 433 -1844. Equity Diversity Commission: 1st Thurs., 5:15 pM, Conf. Room #3. Contact Kimberly Mare) at 206- 433 -1834 Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 43. 5/4/10 meeting has been cancelled i Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. Agenda item for 5/3/10 meeting: (A) South County Area Transportation Board (SCATBd) April 20, 2010 meeting summery. Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). 109 110 Tentative Agenda Schedule May 31' Memorial Day (City offices closed) June 3 7 See agenda packet cover sheet for this week's agenda (May3, 2010 Regular Meeting) 10 Special Issues: Renaming of Sound Transit /Amtrak Station Metropolitan Water Pollution Abatement Advisory Committee MWPAAC) resolution establishing agency representative Water and sewer comprehensive plans consultant selection and agreement Program reductions (City Council, Mayor's Office, Boards and Commissions, Community Development, Information Technology, Municipal Court, evaluation of CSC program for potential gaps duplication) 17 14 21 Special Issues: Program reductions (Police Department and Fire Department) Special Presentations: Briefing on Sound Transit Link Light Rail (Ron Lewis, Deputy Director, Link Light Rail Dept.) Briefing on Tukwila Village and economic development (Derek Speck, Economic Development Administrator) Proclamation: Recognizing National Public Works Week Bid Award: Authorize the Mayor to sign a contract with Scarsella Bros., Inc. for the Southcenter Parkway Extension project, in the amount of $16,030,030.63 Unfinished Business: Renaming of Sound Transit /Amtrak Station Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC) resolution establishing agency representative Water and sewer comprehensive plans consultant selection and agreement Southcenter Parkway Extension project documents (7) 24 Special Issues: Program reductions (Parks Recreation, Foster Golf Course, Public Works Department) COMMI i i EE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING 28