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HomeMy WebLinkAboutReg 2010-05-03 Item 6C - Ordinance - Amend Various Ordinances Regarding Crisis Diversion FacilitiesREVIEWED 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 Facilities (CDIF) Aerial Map 49