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COW 2010-09-13 COMPLETE AGENDA PACKET
134 h, Tukwila City Council Agenda o COMMITTEE OF THE WHOLE J col it 0 Jim Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez Steve Lancaster, City Administrator Allan Ekberg Verna Seal 90: Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn EXECUTIVE SESSION 6:00 PM Personnel Matter Pursuant to RCW 42.30.110(1)(g) (60 minutes) Monday, September 13, 2010, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. PUBLIC a. An ordinance renewing a moratorium on the filing of applications for Pg.1 HEARINGS development permits for food or drink establishments conducting social card game gambling activities. b. 2010 Comprehensive Plan amendments. Pg.9 4. SPECIAL a. An ordinance renewing a moratorium on the filing of applications for Pg.1 ISSUES development permits for food or drink establishments conducting social card game gambling activities. b. 2010 Comprehensive Plan amendments. Pg.9 c. A resolution relating to the preservation, protection and use of the former Pg.151 Tukwila grade school /Tukwila City Hall building for heritage and culture. d. Tukwila 205 Levee Repair, Lily Pointe, easement interest payment. Pg.161 e. A resolution ordering the cancellation of unclaimed property. Pg.191 f. Budget: Parks Recreation program reductions. Pg.203 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433- 1800/TDD 206 248 2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one- year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during Citizen Comment. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. Fund Source: i Comments: MTG. DATE 1 9/13/10 COUNCIL A GENDA SYNOPSIS Meetzng Date Prepared by 09/13/10 7P 09/20/10 7P Initzals Mayer review ounal review ITEM No. 10-099 ITEM INFORMATION I CAS NUMBER: 10-099 I ORIGINAL AGENDA DATE: SEPTEMBER 13, 2010 AGI :NDA ITEM An ordinance renewing the six month moratorium on the establishment of social card game gambling acitivities. Resolution Ordinance Bid Award Public Heanng Other C.VII ?GORY Discussion Motion Mtg Date 09/13/10 Mtg Date Mtg Date Mtg Date 09/20/10 Mtg Date RN \'1I. WF I) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm Parks Comm. n Planning Comm. DATE: 8/23/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to C.O.W. COST:IMPACT FUND SOURCE EXPI•NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Mtg Date 09/13/10 Mtg Date I SP( NSOR Council Mayor Adm Svcs DCD Finance Fire Legal 1 1 PoR Police PW/ SPONSOR'S The City Council adopted a moratorium on development applications for social card SUMMARY gambling establishments on March 22, 2010 to prevent vesting of any new applications. The Council is being asked to renew the moratorium for another six months after holding a public hearing. RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS 9/13/10 Informational Memorandum dated 8/12/10 Ordinance in draft form, renewing the moratorium for 6 months Minutes from the Community Affairs and Parks Committee meeting on 8/23/10 2 City of Tukwila TO: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Community ffairs and Parks Committee FROM: Jack Pace DATE: August 12, 2010 SUBJECT: Moratorium on social card game gambling uses. ISSUE Renew the moratorium on "mini- casinos BACKGROUND DISCUSSION On March 22, 2010, the City Council passed Ordinance 2279 adopting a six -month moratorium on the establishment of social card game gambling activities. A public hearing on the issue of the moratorium was held on May 3, 2010 and after the public hearing the City Council passed Ordinance 2286 adopting the findings of fact justifying the adoption of the moratorium. The six month moratorium is effective until September 22, 2010. Ten years ago the City Council adopted an ordinance that prohibited new social card game establishments but permitted existing licensed social card game businesses to remain as legal non conforming land uses. Subsequent to that in 2003, Division I of the Court of Appeals issued its opinion in Edmonds Shopping Center Assoc, et al. vs. City of Edmonds, which affirmed that cities may absolutely prohibit any or all gambling activities, but called into question cities' ability to exercise zoning or other general police powers over licensed gambling activities. At this time the state gambling regulations (chapter 9.46 RCW) only pelluit local jurisdictions to completely prohibit card room uses, including those previously established, or allow them anywhere food and drink establishments are permitted. There was a recent amendment to the state law that allows social card game businesses established prior to annexation into a city and licensed prior to July 26, 2009, to continue to operate even though gambling may be prohibited in that jurisdiction. The city is currently engaged in the state legislative process for more local control regarding the location of these uses and the current moratorium will expire before the legislative process is completed. If local control is achieved through the legislative process then additional research will be done to assess which zones should allow social card gambling activities. Staff is currently engaged in reviewing the implications of banning social card rooms, should the City's legislative efforts fail. MD Page 1 of 2 08/16/2010 H: \Gambling moratorium \CAP memo 8 -23 doc 3 INFORMATIONAL MEMO Page 2 At this time there are three existing card rooms operating in Tukwila; Golden Nugget, Great American Casino and Riverside. The city has been informed that Silver Dollar is now closed. Nevada Gold Casinos, Inc. of Houston, Texas has recently acquired Golden Nugget Casino located in Tukwila along with five other mini casinos in Washington. The newspapers have reported that Nevada Gold decided not to pursue the acquisition of the Silver Dollar Tukwila due to consistent losses. Enacting a complete ban would make the existing establishments illegal. However if the ban is lifted, under the City's current zoning code, card room uses will be allowed in all zones that allow food and drink establishments. Currently, restaurants with cocktail lounges are permitted in all commercial and industrial zones, except for Residential Commercial Center where they are a conditional use. There are a number of jurisdictions that prohibit gambling activities. According to the information received by staff from the state gambling commission, if there is a complete ban the commission will rescind the license issued to any existing establishment that may have an existing license from the gambling commission. Renewing the moratorium is necessary as staff continues to be engaged in the legislative process and continues to study and come up with options related to zoning regulations involving food and eating establishments where social card gambling activities could be allowed. Also, it is important to prevent vesting of any new applications while legislative amendments are pursued and to maintain the status quo. RECOMMENDATION Forward the ordinance renewing the moratorium on mini casinos to the Committee of the Whole for a public hearing on September 13, 2010. ATTACHMENTS Ordinance renewing moratorium on mini casinos for an additional six months. H:IGamblinc moratorium\CAP memo 8- 23.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM ON THE FILING OF APPLICATIONS FOR DEVELOPMENT PERMITS FOR FOOD OR DRINK ESTABLISHMENTS CONDUCTING SOCIAL CARD GAME GAMBLING ACTIVITIES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, on March 22, 2010, the Tukwila City Council passed Ordinance No 2279, which declared an emergency necessitating the immediate imposition of a moratorium on the filing of applications for building permits, development permits, or any other permits or approvals required for food or drink establishments seeking to conduct new social card game gambling activities, or to expand existing social card game gambling activities, whether as a principal use or as an accessory use, as more particularly described in Ordinance No. 2279; and WHEREAS, on May 3, 2010, the City Council held a public hearing on the moratorium as required by RCW 35A.63.220, and adopted findings of fact justifying the adoption of the moratorium; and WHEREAS, cities and counties are authorized to: (1) tax certain gambling activities; (2) enact as local ordinances any of the state gambling statutes, the violation of which constitutes a misdemeanor or gross misdemeanor; or (3) prohibit any or all gambling activities for which licenses are required, and WHEREAS, there are three existing card rooms operating in Tukwila that generate significant gambling tax revenues for the City; and WHEREAS, at least one business has expressed an interest in acquiring a State license to operate an additional social card game in Tukwila and this business venture has called into question the ability of the City to prohibit future card room uses while allowing legal non conforming social card games to remain; and WHEREAS, the City Council established a six -month moratorium to prevent the vesting of any new applications and to maintain the status quo while alternatives are studied and considered, and WHEREAS, the City is currently engaged in the state legislative process for more local control of the siting of gaming establishments and the current moratorium will expire before the legislative process is completed; and WHEREAS, if local zoning control is achieved through the legislative process, additional time will be required to research which zones should allow social card game gambling activities; and WHEREAS, the City continues to study zoning regulations involving food and eating establishments and where social card game gambling activities could be allowed, and WHEREAS, if local control is not achieved through the legislative process, staff needs additional time to research and review secondary adverse impacts, if any, related to allowing social card game gambling activities in all zones; and WHEREAS, renewing the moratorium for another six months is in the public interest and promotes orderly land development in the absence of a moratorium, and C: \Documents and Settings \melissa -h Desktop \Tukwila Gambling Moratorium renewal.docx MD:mrh 08/16/2010 Page 1 of 2 5 6 WHEREAS, state law RCW 35A.63.220) authorizes the City Council to adopt land use moratoria; and WHEREAS, the City SEPA Responsible Official has previously determined the moratorium is exempt from SEPA under RCW 43.21.030(2)(c), and the City may proceed with the moratorium pursuant to WAC 197- 11- 800(14)(h); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed upon the filing of applications for building permits, development permits, or any other permits or approvals required for food or drink establishments seeking to conduct new social card game gambling activities, or to expand existing social card game gambling activities, whether as a principal use or as an accessory use. For the purpose of this ordinance, the definition of "development permits" in Ordinance No. 2279 is hereby adopted by reference as if fully set forth herein. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on September 13, 2010 to receive testimony regarding the moratorium. Section 3. Findings of Fact. In accordance with RCW 35A.63.220, which requires that the City Council adopt findings of fact justifying the adoption of a moratorium, the "WHEREAS" clauses set forth above are hereby adopted as the City Council's findings of fact and are by this reference incorporated herein as if set forth in their entirety Section 4. The moratorium renewed herein shall be in effect until March 22, 2011, unless extended by the City Council pursuant to state law. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid 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 6. Declaration of Emergency Effective Date. For the reasons set forth above. and to promote the obiectives stated herein. the City Council finds that a public emergency exists, necessitating that this ordinance take effect immediately upon its passage by a maioritv plus one of the whole membership of the Council in order to protect the public health, safety, property, and general welfare. This ordinance shall take effect and be in full force immediately upon passage by the City Council. A summary of this ordinance may published in lieu of publishing the ordinance in its entirety. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published. Effective Date: Ordinance Number: C: \Documents and Settings \melissa -h Desktop \Tukwila Gambling Moratorium renewal.docx MD:mrh 08/16/2010 Page 2 of 2 COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes August 23, 2010 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Staff: Guests: Joe Duffie, Chair; Joan Hernandez and Verna Seal Bob Giberson, Jack Pace, Rebecca Fox, Pat Brodin, Steve Lancaster and Kimberly Matej Louis Jones —Brown (Tukwila Historical Society), Frank Fermani (Wooden III, LLC) and Chuck Parrish (resident) CALL TO ORDER: Committee Chair Duffie called the meeting to order at 4:58 p.m. I. PRESENTATIONS No presentations. City of Tukwila Community Affairs and Parks Committee 11. BUSINESS AGENDA A. Renewal of Gambline Moratorium Staff is requesting Council approval to renew a moratorium on establishments conducting social card game gambling activities. The City Council originally passed a six month moratorium on March 22, 2010, which is set to expire on September 22, 2010. Due to draft legislation currently being worked on at the state level, staff is seeking renewal of the moratorium for an additional six months. A public hearing will be set for September 13, 2010. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION AND PUBLIC HEARING. B. Comprehensive Plan Amendments Staff is seeking full Council approval to amend the City's Comprehensive Plan as well as relative Zoning Code amendments. On July 6, the City Council approved the forwarding of three Comprehensive Plan amendments (two public, one City) to the Planning Commission for review, consideration and recommendation. Three applications have been submitted for the City's consideration as described below followed by the Planning Commission's recommendation: An application to redesignate and rezone two lots /properties located in the vicinity of 3914 South 115"' Street from Manufacturing/Industrial Center Light (MIC/L) and Low Density Residential (LDR) to Office (0). The properties total 0.36 acres. Planning Commission Recommendation: Deny application for Comprehensive Plan amendment; and deny application for re -zone. Committee Member Seal expressed an interest in reconsideration of staff's original recommendation to approve this application. She discussed the current downturned economy and the potential for this change as a positive addition to the community. She is in support of staff reasons for approval as discussed in the relevant staff report (see Attachment 1, beginning on page 27 of the Committee agenda packet). Committee Chair Duffie concurred that he would support a discussion of reconsideration. Committee Member Hernandez stated that she is not ready to make a recommendation for this item as she prefers to hear public hearing comments first. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION PUBLIC HEARING. 7 8 CAS NUMBER: 10-100 COUNCIL AGENDA SYNOPSIS Initials Meetznq Date 1 Prepared by 1 Mayor's review 1 Council review 09/13/10 1 RF 1 I 09/20/10 1 RF 1 1 ITEM INFORMATION 1 ORIGINAL AGENDA DATE: SEPTEMBER 13, 2010 ITEM NO. AGENDA ITr?M TPTLE Annual Comprehensive Plan /Zoning amendments for 2010 Public Hearing CATF,GoRY Discussion ['Motion Resolution Ordinance Bid Award Public Hearing 1 Other Mt Date 9/13/10 Mtg Date Mtg Date Mtg Date 9/20/10 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Tukwila considers amending its Comprehensive Plan /Zoning map once per year, with a SUMMARY review process involving the City Council and Planning Commission, including opportunities for public comment at each step. A public hearing is scheduled on September 13, 2010 to receive comments on three recommendations from the Planning Commission. Following the hearing, the City Council will take final action on 9/20/10 on whether to approve, modify or deny the applications for 2010. RI ?\'II'sWE I) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 08/23/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Forward to Committee of the Whole for hearing COST IMPACT FUND SOURCE Fund Source: Comments. 1 MTG. DATE 09/13/10 EXPENDITURE REQUIRED $0.00 AMOUNT BUDGETED $0.00 RECORD OF COUNCIL ACTION Mtg Date Mtg Date APPROPRIATION REQUIRED $0.00 MTG. DATE I ATTACHMENTS 09/13/10 1 Informational memorandum dated 8/16/10, with attachments /draft ordinances Minutes from the Community Affairs and Parks Committee meeting of 8/23/10 10 City of Tukwila Department of Community Developinent Jack Pace, Director INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace DATE: August 16, 2010 SUBJECT: 2010 Comprehensive Plan Amendments and Rezones TO: ISSUE Jim Haggerton, Mayor The Washington Growth Management Act allows a jurisdiction's Comprehensive Plan to be amended once each year, except in case of emergency. This memo provides information on the Planning Commission's recommendations for two Comprehensive Plan amendments and three rezones under review this year. It requests that the amendments are forwarded to the City Council for a briefing, public hearing and action. BACKGROUND Process to date: The City Council took comments from the public at a public meeting on June 28, 2010 and took action on July 6, 2010 to forward the Comprehensive Plan amendments to the Planning Commission for staff review, public hearing and recommendation. After holding a hearing on July 22, 2010, the Planning Commission made recommendations, and is forwarding the issues back the City Council for a last public hearing and final action. After taking comments from the public at a hearing, the Council may: Adopt a proposed amendment by ordinance; Adopt a modified version of a proposed amendment by ordinance; or Reject the amendment. Consideration of a site specific map amendment is a quasi-judicial decision. Consideration of an area -wide zoning map change is a legislative decision. At each stage in the review process, staff has tried to encourage public involvement. Public meetings and hearings were advertised in the newspaper, and put on the City's website. Individual sites were posted with notices of applications and meetings. Staff met statutory notification requirements in providing mailings to owners and occupants within 500' of the proposed map and zoning changes. rf Page 1 of 7 H: \COMP PLAN 2009 2010 \CC.Hearing Final. Action-- 9.10\CAP\M.edits 8. r uT n9 /Qs?. 08/18/2010 11 DL 11),‹ %2 -7 211A-_121_3KAS Organization of Informational Materials Exhibits 1 -6 provide basic information to accompany the informational memo. Attachments 1 -3 include complete planning Commission staff reports, and draft ordinances that reflect the Planning Commission recommendations for each of the Comprehensive Plan amendment/Zoning code amendment requests respectively. DISCUSSION 1. Wooden LLC Amend Comprehensive Plan /Zoning Map on two parcels, including: 1) Manufacturing Industrial Center/Light to Office; and, 2) Low Density Residential (LDR) to Office The applicant, Wooden LLC, requested to redesignate two parcels, including: 1) Manufacturing Industrial Center —Light (MIC /L) to Office (0) at 3912 S. 115 and, 2) Low Density Residential (LDR) to Office at 3914 S. 115 The parcels are located generally at the southeast corner of the Duwamish Riverbend Hill park property. The parcel that is currently zoned LDR is vacant. The parcel zoned MIC /L is now used as a construction storage yard. The applicant offered to donate a third, small parcel across S. 116 on the river. This is not part of the Comprehensive Plan amendment/rezone consideration. (Exhibit 1, pp 1 &2) (Exhibits 2 3) File #L09- 064 Comprehensive Plan Amendment File #L09- 065 Rezone The applicant requested Office designation in order to construct an office or similar development on two parcels. Applicant's reasons for the rezone request were: a) The site is more developable if combined with the adjacent lot; b) Uses that are allowed in the proposed Office zone, such as office or gallery, would provide a transition with fewer impacts to the residential neighborhood than uses, such as manufacturing and auto repair,that could be built under the current the MIC /L zoning; c) It is more economical to build a three story building and the maximum building height in the proposed Office zone is 35'/3 stories, compared with the existing 45'/4 stories in the MIC /L lot, and 30'in the LDR lot. There were concerns raised at the public hearing related to parking and access. Future development would be required to provide parking on site, and access would be limited via S. 115 rather than through the adjacent residential neighborhood. (Attachment 1) Planning Commission Recommendation Comprehensive Plan (File L09 -064) The Planning Commission voted to deny the request to redesignate two parcels from Manufacturing /Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) Planning Commission Recommendation Rezone (File# L09 -065) The Planning Commission voted to deny the request to rezone two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) 12 rf 2 •ur nnnn nntn,nn rr,.__:_- r.:_..i n,.a:..- n 1f1\!'A D \T.f o.i4n Q 1'7 1 08/18/2010 The applicant, Barry Becker, is requesting to redesignate one parcel from Commercial/Light Industrial to Medium Density Residential (MDR) at 4300 S. 133` Street, Tukwila, WA (Parcel 261320 0131). The majority of the vacant property contains environmentally sensitive areas, including a Type 2 stream, a Type 2 wetland, and their associated buffer areas. It also includes a steep slope with moderate potential for geologic instability. (Attachment 2 A) The property in question is immediately adjacent to a lot that is designated LDR, and that contains a single family residence. The subject property is vacant except for a garage that serves the single family home on the adjoining lot. The redesignation is sought in order to allow housing, rather than commercial /light industrial uses to be built adjacent to a Low Density Residential zone. Given the many environmentally sensitive areas on the site, housing is considered to be a more appropriate use than commercial or light industrial activities. Medium density residential would provide a better transition to the adjacent low density residential area, than the current commercial and light industrial uses that could be built under the current zoning. Medium Density residential allows up to 14.5 units per acre. In light of the site's streams, wetlands and slopes, it is likely that a maximum of five units could be built on the property, either as town homes or duplex, triplex or four -plex. If desired, a planned residential development could be built on the site in order to encourage imaginative site design by clustering homes, and to create open space in the future development that keeps features of the natural environment for the enjoyment of future residents. The property is the site of an ongoing code violation for removing vegetation and placing illegal fill in the stream buffer, and wetland buffer. The applicant applied for and has received a 50% buffer reduction that allows him to perform the required work on the site to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation, increase developable space on the site, and improve the wetland buffer. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction decision, and to proceed with consideration of the Comprehensive Plan amendment and rezone. Future multi family development would be subject to design review, traffic impact and noise review. Planning Commission Recommendation Comprehensive Plan (File L09 -067) The Planning Commission voted to approve the request to redesignate a parcel from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File L09 -014) shall be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. rf 2. Macadam LLC— Redesignate parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) File #L09- 067 Comprehensive Plan File #L10-002----Rezone 3 08/18/2010 13 2) In the event that the rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial /Light Industrial without further legislative action. A draft ordinance adopting the Comprehensive Plan map change per the Planning Commission's recommendation is included as Attachment 2 B Planning Commission Recommendation Rezone (File# L10 -002) The Planning Commission voted to approve the request to rezone the parcel from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) as a contract rezone with the following conditions: 1. All requirements of the following contract rezone must be met including: All code violation issues, including the conditions outlined in the Special Permission Director (File L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. c. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 2 C. Tukwila South Annexation Establish Zoning for Recently- Annexed Area File #L10- 035— Zoning Issue: Annexing portions of the Tukwila South Project Area inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. The recommended zoning change corrects the issue. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as described in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Reauirement for consistency between Comprehensive Plan land use man and zoning man: Tukwila's Comprehensive Plan land use map and its zoning map are required to be consistent. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will also specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, a supplemental, "overlay" zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic "underlying zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. (Attachment 3 A) 14 rf 4 08/18/2010 When the southernmost part of the Tukwila South Project Area was annexed to Tukwila, the Tukwila South Overlay zone became the applicable zoning for the annexed area. However while the Tukwila South Overlay supplements zoning under certain circumstances, it does not replace the underlying zoning. When the Tukwila South Project Area was annexed, the Comprehensive Plan designation was already in place, but identical zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had Comprehensive Plan designation and zoning, but the new annexation area had only Comprehensive Plan designation, and no underlying zoning. In addition, the new annexation area could be left without zoning in the event that the Tukwila South Development Agreement terminates before its term. The proposed amendment to the zoning map corrects the problem, by establishing zoning in the area that was annexed without underlying zoning, and making the new zoning consistent with Comprehensive Plan designations that were in place before the annexation occurred. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are the same, including: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). Plannine Commission Recommendation :--Rezone (File #L10 -034) Establish "underlying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 3 B. RECOMMENDATION The City Council is being asked to hold a public hearing on these items at the September 13, 2010 Committee of the Whole meeting, and to take action at the subsequent September 20, 2010 Regular Meeting. ATTACHMENTS Exhibits: 1.Planning Commission Minutes (draft) 7/22/10 2.Zoning Map Wooden LLC 3.Aerial Map Wooden LLC 4.Zoning Map Macadam LLC 5.Aerial Map Macadam LLC 6.Zoning Map Tukwila South Annexation Area Attachments: 1. #L09 -064and #L09- 065— Manufacturing Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) a. Planning Commission Staff Report (7/22/10) rf 08/18/2010 15 rf 16 2. #L09 -067 and #L10- 002 Macadam LLC— Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance— Comprehensive Plan c. Draft Ordinance Zoning 3. #L10- 035— Establish Zoning in Tukwila South Annexation Area a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance Zoning 08/18/2010 The public hearing was called to order by Chair Arthur at 6:30 PM. Present: Chair, Bill Arthur; Vice Chair, Margaret Bratcher; Commissioners, George Malina, Lynn Peterson, Brooke Alford, Thomas McLeod, and Louise Strander Representing City Staff: Chair Arthur noted that there was no one in the audience to testify,da id that stafF vas not present to give the presentation. COMMISSIONER MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM JUNE 24, 2010. COMMISSIONER;BRATCHER SECONDED TIMOTION. THE MOTION WAS UNANIMOUSLY APPROVED: Staff noted that the public heanng notice that was mailed out1isted,a_past meeting start time of7:00 PM instead of 6:30 PM Staff also noted that the applicants were expected_ at 7:00 PM, and requested that Case Number L10 -034 be heard first on the-agenda. Chair Arthur recused himself from hearmg~Qas Number L10 -034, at 6 :4 _PM, because he is employed by the developer of the Tukwila South annexation area'rogect. FILE NUMBER: I;10 -43 APPLICANT: REQUEST: LOCATION: Minnie Dhaliwal, Rebecca Fox, and Wynetta Bivens PLANNING COMMISSION (PC) PUBLIC HEARING MINUTES JULY 22, 2010 Chair Pro -Tem Bratcher opened the public hearing for Case Number.L_1:0 -034. Exhibit 1 City of TtiTaila Establish 4111ing consistent with-Comprehensive Plan designations in the `aikwila South annexation area iproxiiriate yd259 acres, generally located between: South 188 Street on the north tiuth 2o4th- Stred=on.tiie south; Orillia Road and Interstate 5 on the west; and the Grreen River on tlie°east. -Rebecca Fox, Senior P14 finer, Depai"tn erit.of Community Development, gave the presentation for staff Staffer .Recommendation: `Establish "uiid rIying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South.Master Plan area that was annexed to the City of Tukwila per Ordinaiiem2241. There was no-public testimony: Staff apologized to-the ommission for the confusion regarding the public heanng start time There were no further comments. The public hearing was closed. The Planning Commission deliberated. COMMISSIONER MALINA MADE A MOTION TO FORWARD A RECOMMENDATION FOR APPROVAL ON CASE NUMBER L10 -034 WITH STAFF'S FINDINGS, 17 18 Page 2 of 6 July 22, 2010 PC Minutes RECOMMENDATIONS, AND CONCLUSIONS, TO THE CITY COUNCIL. COMMISSIONER STRANDER SECONDED THE MOTION. ALL WERE IN FAVOR. Chair Arthur returned to the Council Chambers at 6:52 PM and resumed his position as Chair. Chair Arthur opened the public hearing. Chair Arthur swore in those wishing to testify. Staff reiterated that the public hearing notice mailed to the public had a meetingstart time of 7:00 PM instead of 6:30 PM. Chair Arthur called a recess at 6:55 PM in order to allow the second:.pub1.ie;:hearing case number L09- 064 to start at 7:00 PM, and allow those wishing to testify time to arr>jve. Chair Arthur re- convened the public hearing at 7:00 PM. Ne"i' arrivals wishing f©estify were sworn in. FILE NUMBER: APPLICANT: REQUEST: LOCATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: L09 -064 Wooden LLC r_ Amend Comprehensive Plan designation ono lots, including 1 from Manufacturing/Industrial Center Light`- (AK -L) to Office (Tax #1023049072); and 2) Low Density esidential (LDR) to�Office (0) (Tax #3351400005) 3914 S. 115' St., Tu 98188 L09 -065 Wooden LLC Amend Toning Map desig tjn on twolas including 1) from Ma„J ifactur-irre /Industrial Center -Light (MIC -L) to Office (Tax #1023049072); All 2) LoWllebsity Residential (LDR) to Office (0) (Tax #3351400005) 115 Tukwila, W ,8-188 Rebecca Fox gave t. e presenfatiar. for stEffSSlue:..riot_ed'that the Washington Growth Management Act allows amendtrient "sitnahec.,Comprehgnsive Pia and-he Zoning Code once a year. This year there are three req_gp s for the Commission to �_a, and then forward their recommendations on to the City Councdl The applicani„juashes to obtain (Office de"ignation for two parcels in order to construct an office or similar building. Staffllieves that large+- daytime uses that are allowed in the proposed Office zone, such as office, would provi"`°l e.a better transition with fewer impacts to the residential neighborhood than uses, such as manufacturing'attd auWgrepair, that could be built now with the MIC /L zoning. Maximum building heights in the pro_posed Office zone are 35'/3 stories, compared with the existing 45'/4 stories in the MIC /L lot, and 30'injhe LDR lot. The applicant has offered to donate a third small, vacant riverfront parcel to the City. Ms. Fox stated the donation would not be a part of the consideration for the re -zone. Parcel one, in a manufacturing area is separated from other manufacturing uses, and is currently being used as a construction storage yard, a permitted use in the MIC/L zone. The applicant has requested to retain this use as a legal, non- conforming use for a maximum of two years if the Office designation is approved. In light of the poor economy, retaining the use for a maximum of two years would allow time to prepare for development. If conditions are not met, the Office zoning would be void and the former zoning would revert. Staff Recommendation: Approval with four conditions as listed in the July 22, 2010 staff report. Page 3 of 6 July 22, 2010 PC Minutes Commissioner Alford asked for clarification on the height for Office compared to MIC /L, and discussion followed. Commissioner Arthur asked if both parcels are entirely within the 200 foot shoreline management zone, and staff confirmed that it is. He also asked if anything was allowed to be built as it currently exist, and staff responded that they are not sure. Staff will follow -up on Commissioner Arthur's inquiry, and provide information regarding when the Shoreline Master Program will be adopted by the Department of Ecology. PUBLIC TESTIMONY: Frank Firmani, applicant stated it is his goal to construct a smart, intelligent, green, and friendly development that fits in with the park and the adjacent neighborhood. Mr hirmani said that the donated parcel will become part of the river front trail. He said that a mixedii buiTdirig the site would not work economically. Mr. Firmani also commented that he has met with staff initi arks and Recreation Department in the past, and that they are supportive of the project.. Eric Cobb, Architect, for the applicant, said that the impaet,of the MIC /L property on'the:Spark.is a significant one He said that carefully considered landscap rig_requlreinents and landscape buffers between the park and property could significantly ease the transition :of the-- development.: le also said that the donated parcel is a substantive improvement to the corriiiiiinity and the park. Kathy Desjardin, citizen, asked if there woizlcj e- a,benefit to the cdimimumty to put an office building in between a park and residential area She raised'seVeralother questions: =She -said she would prefer that the zoning not be changed. Ms. Desjardm said that shere eived the pubhcmnotice on July 7 and it had a comment deadline of June 21. REBUTTAL: Denise Meyers, citizen, sai'ditliaeiiariging the parce`Is would be a-iiegative impact on the surrounding neighborhood significanflj She saidlat increased traffic in the area would be a safety issue for the residents. She also saRi 1t:vYauld be a h ige impact to tlieseptic system for the park and the residents in the neighborhood. Ms. Meyers,.said the�donated land to City would not be beneficial. She also commented that there is no p arkirgfn the- are; Mark Lund, citizen, intitili~d.on whether there has been a traffic mitigation study. He said that the proposed "xparcel to be donate to the C no sense. He said that the biggest issue he is worried about is pub )ic safety, due to tl e amount affraffic that would be leaving the area daily. Georgina Kerr e_itizen, said thathere should not be this type of building constructed in the neighborhood because it is out df"context and place. She said that it would increase run -off, increase danger to pedestrians; :and thatit is too close to the residential area. Ms. Kerr supports maiiitainiffg the existing zoning. Ms. Fox addressed the comments given by the citizens. She said that any development must meet code. She stressed that there is a range of activities, such as auto repair and manufacturing that are currently permitted under the MIC /L that could be built now. Under the Office re -zone there is also a range of activities that could be built and it doesn't have to be an office building. She said that traffic access would be from S. 115 rather than on a residential street to avoid impact on the neighborhood, and that all parking would be on site to meet code requirements. With careful site design, future development could be placed away from the neighboring LDR uses to minimize impacts. She said that a stop sign at the site would contribute to safety. She also said that any new development would be required to handle the run -off on site. Several questions were addressed. 19 20 Page 4 of 6 July 22, 2010 PC Minutes There were no further comments. The public hearing was closed. Chair Arthur thanked the commissioners for indulging him and allowing the public to exceed the five minute testimony time limit. He said that the commissioners get a perspective from the community when they get public input, which they are not privy to with just a staff report and input from property owners. He said that he appreciates the people who take the time and effort to provide the public input, and five minutes just doesn't do it sometimes. He also said that the exchanges tonight between the public and staff were well worth hearing. The Planning Commission deliberated. Chair Arthur clarified that the Planning Commission would make alecommenation to the City Council and that the City Council will make the final decision. Commissioner Peterson said he thinks that a re -zone t_o.Office use would create fewer jpats, and it seems more functional than the MIC /L use. He also saicrtl'ai;there waivno compelling evaIgiTce to deny the proposed re -zone, and he is in support of the re -zone. Commissioner McLeod said if he was to summarize it, he would dt the way that Commissioner Peterson summarized it. He also said that sta i-documentation listiliVwhat the current use of the MIC /L could be, and how it could or wouldn't change:I it re- zoned, was vet elpful. Commissioner Alford said for the record, she ha read tho pi 1vexy�tl oroughly and that she appreciates all of the informalism-Aligt was presente h .,She said if thi new zoning is approved that she hopes the property owner will""live. -up. to what he has=proposed. She said that it is probably the best solution when looking at=tlie allowe "demises for the MIC/L. She said what is there now makes for a disturbing view fromfht7pork, and shEiVould be in support.of whatever they could do to get rid of it. She said that she has a problem wafh:two lifor. ears of the c3Tiffent use if it is re -zoned for the applicant, and that it would be ahuge allowan d pure rl?s, ome:k nd of visual mitigation should occur and something be=„affor`cled" o;the cititelit. in the com"rritinity. Staff said-Tic there is consensusamong ifi" .cp. emission, they could amend condition 2 of the proposed to require of screening Commissioner::. thur said thafl e does not see any compelling reason for the re -zone, but he sees a number of reasons, Otto approve the change. He went over the six bullet items in section #4, page 6 in the staff report, and gave.explanation on his opposition with each of the statements. Commissioner Arthur also said that h eE l me questions regarding the appropriateness of the public notice. Commissioner Strandir said that she concurs with the comments made in appreciation of the testimony. She said that she has reviewed the Zoning Code and all of the different uses that could be applied to the Office designation. She said she also concurs with Commissioner Alford regarding the applicant meeting all of the traffic requirements, and Commissioner Arthur's comments regarding the notice. Commissioner Bratcher said it needs to be kept in mind that they may be setting precedent for temporary zoning to flip flop back and forth. She said that either they should change the use, or they don't. She also said that she has a slight problem with changing the use and allowing non conforming use. Page 5 of 6 July 22, 2010 PC Minutes COMMISSIONER MALINA MADE A MOTION ON L09 -064, COMPREHENSIVE PLAN AMENDMENT AND L09 -065, RE -ZONE, TO FORWARD THE RECOMMENDATION TO THE CITY COUNCIL TO DENY THE OFFICE USE AND STAY WITH THE MIC/L. COMMISSIONER MCLEOD SECONDED THE MOTION. COMMISSIONER ARTHUR CALLED FOR A HAND VOTE, AND THE REQUEST WAS DENIED, FOUR TO THREE. COMMISSIONERS PETERSON, ALFORD, AND STRANDER VOTED IN FAVOR OF THE RE- ZONE. There were no further comments. The public hearing was closed. The Planning Commission deliberated. Chair Arthur opened the public hearing. FILE NUMBER: L09 -067 APPLICANT: Macadam LLC REQUEST: Amend Comprehensive Plan=degignation frolic :C_ommercial /LightaIndustrial (C/LI) to Medium Density Residentia i(MDO) °(Tax# 2613200131) LOCATION: 4300 S. 133 St., Tukwila, WA FILE NUMBER: L10 -002 APPLICANT: Macadam LLC REQUEST: Amend Zoning Map deignatiori=from,Commercia1 Light Industrial (C /LI) to Medium Density Residential (MUR)=(Tax##..2613200131) LOCATION: 4300,4S.:,,-133 St., Tukwila', =`W M Rebecca Fox gave the pr."esentation f( ztaff. The intent is to provide a better transition between Commercial /Light Industff4on the Eli and smgle fare ily,,.housing on the West by constructing housing. Approximately 80 of the`pz pertyjs=wetland or buffer:and 20% can be developed, which would allow four to five units. Staff reconiinendation: A_?proval o a=eo rezone with the following two conditions: A)1A11 code violation r sne_s, includifi the conditions outlined in the Special Permission Director (F"i`le.,# L09 -014) is to:b7e completed`by the applicant and finalized by the City of Tukwila by Deciiiiber 31, 2010. (Inge staff"report, the deadline was December 1, 2010, but staff extended it to Deceittber 31, 2010, ii the applicant's request.) B) In the eventthat the above condition is not met by the deadline above, the rezone shall be voided. Medium derls ty zoning shall revert to Commercial/Light Industrial without further legislative action: There were no further comments. Berry Becker, applicant, commented that existing trees provide some noise buffer in the area. Staff stated that noise impacts from Sound Transit should be considered if housing is built in the future. There was no public testimony. The public hearing was closed. The Planning Commission deliberated. 21 22 Page 6 of 6 July 22, 2010 PC Minutes COMMISSIONER MALINA MADE A MOTION TO FORWARD TO THE CITY COUNCIL APPROVAL FOR L09 -067, COMPREHENSIVE PLAN AMENDMENT, AND L10 -002 RE- ZONE, BASED ON STAFF'S FINDINGS, CONCLUSIONS, RECOMMENDATIONS, AND CONDITIONS, WITH A REVISED DEADLINE OF DECEMBER 31, 2010, ON CONDITION "A COMMISSIONER BRATCHER SECONDED THE MOTION. ALL WERE IN FAVOR. DIRECTOR'S REPORT The Commission was informed that the Community Development Director continuing work on the budget. A Light Rail community meeting was held last month and Sound Transit staff briefed the Sound Transit Board. The meeting can be reviewed on -line. There was inquiry from Commissioner Peterson on when the TUG,meetings will resume. Staff will follow up on this, and have a schedule provided to the Plannmgommission. Meeting Adjourned: Submitted by: 9:32 PM Wynetta Bivens Secretary Duwam /$h River LDR 16 St r LIDR I I I Proposed LDR to 0 114 St ,z" V7 L?R L09 -064 Comprehensive Plan amendment Manufacturing Industrial Center /Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) L09 -065 Rezone Manufacturing Industrial Center /Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC /L) to Office (0) and Low Density Residential (LDR) to Office (0) MI Public Recreation Overlay Zoning Lines s11QSt,' L�R EXHIBIT 2 1 LDR MIC /H 0 LDR iQ �d I ft Wooden LLC rrzoo 24 r Uli11111111‘ ,„„cr 09-064 Comprehensive Pian amendment—Manufacturing industrial CenterlUght (G11. to Office (0), _Ia0n9d-Z.605,N Roeeznosnme-R-Menuelt\alcatujcit_n8Rin)dtuosolteCepnt)erliight MOIL) to Office (0), and I..ow Densitv Residenf:ial PR) to Office (0) \ildior!snnsu\kTRcteusci\n8genintdau\ sck_typial )CteonolcOe\cCol)\-) to ()t EX1-11‘30. 3 wooden c 26 Proposed CL /I to MDR L09 -067 Comprehensive Plan amendment Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) j A Commercial /Light industrial (C/LI) to Medium Density Residential (MDR) fainsonsas Zoning Lines EXHIBIT 4 ft Macadam LLC 1-.40P 28 L09 -067 Comprehensive Plan amendment Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) j Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Zoning Lines EXHIBIT 5 it Macadam M LLC 1 a 4419 29 30 Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas ®I! Tukwila City Limits 1 1 Annexation Area /Establish Underlying Zoning l Tukwila South Overlay District EXHIBIT 6 Establish Tukwila South Annexation Area Zoning 1 3 MILES sw43 st H:\PLANNING \Comp Plan Zone Amend \2010 com_zone amend \Estab Tuk south overlay dist letter line.mxd 32 ATTACHMENT 1 WOODEN, LLC COMPREHENSIVE PLAN ZONING MAP 34 HEARING DATE: July 22, 2010 NOTIFICATION: Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 Site posted, 7/12/10 FILE NUMBER: L09 -064 (Comprehensive Plan Amendment) L09 -065 (Rezone) APPLICANT: Wooden LLC REQUEST: STAFF: Rebecca Fox STAFF REPORT TO THE PLANNING COMMISSION ATTACHMENT 1 A Amend Comprehensive Plan/Zoning Map on two parcels, including: 1) Manufacturing /Industrial Center —Light (MIC /L) to Office (0); and 2) from Low Density Residential (LDR) to Office (0) LOCATION: Vicinity of 3912 S. 115 St., Tukwila (Tax Parcels #1023049072 —MIC /L #3351400005- -LDR) COMPREHENSIVE PLAN DESIGNATION: Manufacturing /Industrial Center —Light (M/IC -L) and Low Density Residential (LDR) ZONE DESIGNATION: Manufacturing/Industrial Center —Light (M/IC -L) and Low Density Residential (LDR) SEPA DETERMINATION: Determination of Non-significance (DNS), 7/21 /10 ATTACHMENTS: A. Application (L09- 064)— Comprehensive Plan B. Application (L09- 065)— Zoning Map Change C. Minutes —City Council Regular Meeting(7/6/10) D. Aerial vicinity with zoning E. Zoning map F. Use comparison by zone G. Development Standards comparison by zone H. Comment letters Rf 1 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports1PC .Staff.Rpt.Wooden-- No.P.R.0. -7 14.10 p.m..doc FINDINGS Background and Project Description The applicant Wooden LLC seeks to amend the Comprehensive Plan and zoning designation on two lots located southeast of the Duwamish Riverbend Hill Park, generally located at 3914 S. 115 Street, Tukwila, WA. (Attachments A and B) Parcel 1, currently zoned MIC -L, is immediately adjacent to Duwamish Riverbend Hill Park. It was envisioned as part of the Park in the 2007 Duwamish Riverbend Hill Park. The property is now serving as storage for construction equipment, a permitted use in the current MIC /L zone. The second lot, Parcel 3, is located at the western edge of the residential neighborhood, and is zoned Low Density Residential. It is now vacant, but at one time it contained a single family house. The applicant is requesting to rezone both properties to Office (0), with the wish to create a development opportunity that will "both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use." The goal is to construct an office building. No specific project information has been provided. Any project is subject to development review under the Office zoning. Design review and SEPA/environmental review would take place when a project is proposed. The applicant has offered to donate a third small property, Parcel 2, to the City of Tukwila for the purposes of shoreline and riverbank enhancement and trail development if the proposed Office rezone is approved. The lot is located adjacent to the Duwamish River and lies across S. 115 Street from the properties that are requesting Comprehensive Plan amendment/rezone. This proposed donation is not a factor in considering whether to approve the requested map change, but would be a positive acquisition for the shoreline. In light of poor economy, the ongoing storage lease, and the time required to start site development for a future office use, the applicant has requested that he be allowed to continue use of the construction storage yard for two years after the Comprehensive Plan amendment and rezone are approved. The storage yard, now operating as a permitted use on Parcel 1 under the current MIC /L zoning, would become a non conforming use if the rezone to Office is approved. During the two -year period, the applicant will prepare to redevelop of the site, while operating the construction storage lot. If the City of Tukwila feels that this request is appropriate, it could be enacted through a contract rezone. The contract rezone would also be referenced in the Comprehensive Plan recommendation. In this case, the applicant would be required to cease storage yard operations in a set time period after the rezone becomes effective, and to donate Parcel 2, located along the Duwamish River, to the City for public use. If the storage yard did not Rf 2 07/1 5/2010 W \Users\Minnie\Minnie -PC Staff Reports\PC. Staff.Rpt. Wooden-- No.P.R.O. -7 14 10 p.m..doc 35 36 cease operations by the deadline, the rezone would become void and zoning would revert to the previous MIC /L and LDR. The small waterfront property would remain in City ownership for public use. These conditions would serve to protect both community and City interests. The Community Affairs and Parks Committee were briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The two lots are located 3912 and 3914 S. 115 Street. Lot #1 (current M/IC -L) is approximately square in shape and fronts on S. 115 Street. A small portion of the northernmost part the property is Type 3 slope, with "high landslide potential, and slopes between 15% and 40% underlain with relatively impermeable soils or by bedrock. Lot #3 (current LDR) is rectangular in shape, and also fronts on S. 115 Street. Approximately one -half of the property contains Type 3 slopes. The two lots total approximately 15, 633 s.f. or .36 acres. Vicinity: The immediate neighborhood is a mixture of single family residential uses, and commercial /industrial activity. Single family residential uses are immediately adjacent to the north and east along 40 Avenue South and S. 113 and 114 Streets South, as well as across the Duwamish River. Topography provides a break between the subject property and the existing single family residential. Industrial uses commonly associated with the MIC /L, including truck sales and service, United Parcel Service shipping, air freight, and construction storage are located along E. Marginal Way to the west. The light rail track runs along E. Marginal Way South, approximately one -tenth mile away. The Burlington Northern train yard is approximately 1/4 mile east in an MIC/H zone. Fire Station #53 is located at 4202 S. 115th Street in the Residential Commercial Center (RCC) zone approximately one -tenth mile south east. A wedding store /office is located adjacent south in a High Density Residential (HDR) zone. The most visible feature is Duwamish Riverbend Hill Park, immediately adjacent to Parcel 1. Like Parcel 1, the Park is zoned MIC/L. Owned by the City of Tukwila, it is an established park and is used for cultural and recreational purposes, rather than industrial activity. It has been designated as Public Recreation Overlay (PRO). This overlay, placed on parks and trails, such as the Foster Links, or Centennial Park, supplements a property's underlying zoning and ensures that the park or trail property will be used exclusively for recreational purposes. A pedestrian/bicycle trail, accessible by a foot bridge approximately four tenths of a mile south, runs on the western side of the Duwamish River. Duwamish Park is approximately three- tenths of a mile away, and the Tukwila Community Center is one mile south Rf 3 07/15/2010 W: \Users\Minnie\Minnie -PC Staff Reports\PC.Staff.Rpt .Wooden-- No.P.R.O. -7.14 10 p.m..doc COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? Aspects of the requested change designation are addressed in several goals and policies. Four broad reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. Tukwila Comprehensive Plan Objective #1 is "To improve and sustain residential neighborhood quality and livability" Redesignating the existing MIC /L property to Office provides a better transition between Duwamish Riverbend Hill Park on the west, and the residential uses to the immediate east. The potential impacts of development allowed in the current MIC /L (i.e. gas station, auto repair, contractor storage, etc.) are likely to be more negative to residential quality, than the uses (such as office, gallery, etc.) allowed under the proposed Office zone. The rezone to Office eliminates one LDR residential lot, and the possibility of future housing development. Goal 7.2 Noise Abatement Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. Uses allowed under the Office designation may have less impact on the neighborhood, including the adjacent Duwamish Riverbend Hill Park and single family homes, than those in the current MIC/L designation. Converting Parcel 3, a residentially -zoned lot, to Office places a commercial use adjacent and in the vicinity of other property that is now zoned or used for single family homes. The subject lot and its adjacent residential lot are vacant. Existing residential uses are located farther up the hill on 40 Avenue South, and are separated from the site by sloping topography. New development would access along S. 115 Street, avoiding the residential neighborhood. Goal 7.3 Overall Land Use Pattern land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible use. The existing MIC/L is an abrupt transition to a use that is potentially incompatible with the adjacent residential uses, as well as the existing park. An office use may provide a more gradual transition with fewer potential impacts. Rf 4 07/15/2010 W\Users\Minnie\Minnie -PC Staff Reports \PC.StaffRpt.Wooden-- No.P.R.0 -7 14 10 p.m. doc 37 38 Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. The proposed Comprehensive Plan change Office would eliminate one residential lot, but would also avoid the potentially negative impacts of an automotive repair shop or manufacturing business adjacent to residential, setting clear boundaries between the residential neighborhood and the adjacent Park. Policy 11.1.6 Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. Parcel 1 is zoned MIC/L, but there are no industrial uses in the immediate vicinity. The Duwamish Riverbend Hill park, although now zoned MIC/L, will remain in recreational use as a park, and will not be developed for industrial purposes. The majority of industrial type activity is located west toward E. Marginal Way South. Several blocks east, the active Burlington Northern yard abuts another LDR residential neighborhood, and is zoned MIC/H. Immediately adjacent to the single family neighborhood and the Duwamish Riverbend Hill Park, Parcel 1, the existing MIC /L lot, is separated from similar uses. It is not compatible with the adjoining public park. The neighboring single- family homes are without adequate buffer should a permanent industrial use locate there as allowed under the current MIC/L designation. Any light manufacturing/industrial activities have the potential to negatively impact the residential neighborhood. Goal 1.5—A riverfront that is accessible, developed, and appreciated as a major amenity of the community and region. This goal addresses the possible donation of the riverfront Parcel 2 to the City for public use. 2) If the issue is not adequately addressed in the Comprehensive Plan, is there a need for the proposed change? The proposed amendment draws attention to Parcel 1's current MIC/L designation, which is not the most appropriate for the location i.e. adjacent to a City park, and single family homes, and separated geographically from the remainder of the Manufacturing/Industrial Center's industrial uses. Rezones and Comprehensive Plan changes are exempt from the current moratorium on certain types of development in the MIC area. Parcel 3 is somewhat separated from neighboring homes by topography, as well as through its orientation and access on S. 115 Street, rather than 40 Avenue South or S. 116 Street like the other homes. This makes its redesignation to Office and its inclusion in office-type redevelopment more feasible and desirable. Rf 5 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports \PC.Staff.Rpt.Wooden-- No.P.R.O -7.14 10 p.m. doc Office use could_be more appropriate to the location than a light manufacturing use, as is permitted under the current Comprehensive Plan and zoning. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? Designating Parcel 1, which is currently MIC -L, to Office provides a needed buffer for nearby residential zones from the potential negative impacts of industrial activity. Since the MIC/L -zoned Duwamish Riverbend Hill Park was developed, the adjacent Parcel 1 is isolated from existing and potential industrial uses. Designating both Parcel 1 and Parcel 3 as Office will provide sufficient space for well designed development. Office designation will facilitate longer term improvements to the area, with new investment in non industrial, lower impact office use. Office use will provide employment and revenue generating activities for the community. Office use could spur lower impact redevelopment, which will enhance the community by bringing daytime activity to the street and adjacent park. Designating Parcel 3, which is now vacant LDR, as Office removes potential residential uses, and brings non- residential office use into the vicinity of a single family residential area. The public need for housing could be met by retaining the LDR zoning on Parcel 3, and rezoning only Parcel 1 to Office. Rezoning one parcel would still provide a buffer from light industrial uses for nearby single family homes. The public need to avoid an industrial use adjacent to residential and park use could be met by rezoning both parcels as Residential Commercial Center (RCC). This zone allows up to two stories of office or retail, but stipulates that a third floor if built, must be used for housing. If the Office designation is approved, donation of Parcel 2 to the City of Tukwila can maintain and enhance public use along the shoreline. 4) Will the proposed change result in a net benefit to the community? The proposed change could benefit the community by allowing a lower impact office -type use to develop on the site, rather than light manufacturing, with its potentially greater negative impacts to the adjacent residential community The proposed change may spur redevelopment along S. 115 that will benefit the community. Office use will generate daytime activity in the area, but will not create impacts at night. A potentially harmful MIC/L use, such as gas station or auto repair, would no longer border the residential neighborhood to the east, or the park to the west. Extending an office -type use into the residential area precludes future single family residential activity on Parcel 3. Tukwila would gain public land along the Duwamish River through donation of Parcel 2. Rf 6 07/15/2010 W\Users\Minnie\Minnie -PC StaffReports \PC.Staff.Rpt.Wooden-- No.P.R.O -7 14 10 p.m..doc 39 40 The existing construction storage is a permitted use under the current MIC /L zoning and produces some economic value. Construction storage is not a permitted use under the Office zone, and the storage yard would become a non conforming use. Allowing the contractor storage yard to operate as a legal non conforming use for a set time period after rezone to Office maintains the status quo without additional impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, the current MIC /L and LDR zoning would be unchanged. The public would benefit by the donation of the waterfront parcel in either case. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain and enhance residential neighborhoods, and to protect them from undue noise. Redesignating from Manufacturing Industrial Center /Light to Office enhances the neighborhood through the possible development of lower impact office use. The proposal eliminates one Low Density Residential lot, and precludes future residential development. 2) Impacts? The requested map change to Office could potentially add lower- impact office or similar development that would enhance the appearance of the area without significantly affecting the existing residential uses up the hill. Specific redevelopment plans will undergo environmental, design review and building permit review. 3) Meeting identified public need? Other options? Designating Lot 1, which is currently MIC /L, to Office provides a needed buffer for nearby residential zones from the potential negative impacts of industrial activity. Since the MIC/L -zoned Duwamish Riverbend Hill Park was developed, the adjacent Parcel 1 is isolated from existing and potential industrial uses. Designating both Lots 1 and Lots 3 as Office will provide sufficient space for well designed development that will produce employment and revenue, and will enhance the community with fewer impacts than the existing MIC /L zone. Lot 1 could be designated as Office, and Lot 3 could be left as Low Density Residential in order to maintain the possibility of housing being developed. Rf 7 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\ PC .Staf£Rpt.Wooden-- No.P.R.O. -7 14 10 p.m..doc Designating Lots 1 and 3 as Residential Commercial Center (RCC) would enable a mixed used development to be built with office or retail on the first two floors, with a possible third floor in residential use. This would bring both office /retail use and housing to the area, while eliminating negative impacts of the MIC /L zoning. 4) Benefit to the community? Lower impact office -type use would offer greater benefits and fewer negative impacts than the existing MIC /L zoning. Office use will generate daytime activity in the area, but will not affect nearby residents at night. Allowing the contractor storage yard to operate as a legal non conforming use for two years through a contract Comprehensive Plan amendment /rezone to Office maintains the current status without more impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, there would be no change in zoning, and the current MIC /L and LDR status would be unchanged. The public would not be harmed since the use is already in operation, and would benefit by the donation of the waterfront parcel in either case. COMPREHENSIVE PLAN RECOMMENDATION: Staff recommends the following: Approval of the Comprehensive Plan Map amendment of property located at 3 912 S. 115 Street (Tax 1023049072) from Manufacturing Industrial Center/Light to Office and property located at 3814 S. 115 Street (Tax #1023049063) from Low Density Residential to Office with the following conditions: 1) All requirements of the following contract rezone must be met including: a. Contractor storage operations shall not be allowed on Tax Lot 1023049063, and shall be completely removed prior to the effective date of this rezone; b. The contractor storage yard on Tax lot #1023049072 shall meet all legal requirements, and shall cease all operation no later than two years (730 days) after the effective date of the rezone; c. In the event that all operations of the contractor storage yard are not terminated by the deadline above, the rezone shall be voided. Office zoning shall revert to Manufacturing Industrial Center /Light (Tax 1023049072) and Low Density Residential (Tax 1023049063) without further legislative action; d. Applicant agrees that Tax Parcel 3351400005 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date of the rezone. The dedication of this parcel shall survive any reversion of zoning, by virtue of non compliance with the terms of this agreement. 2) In the event that the rezone is voided, the Comprehensive Plan amendment shall also be voided. Office designation shall revert to Manufacturing Industrial Center /Light (Tax 1023049072) and Low Density Residential (Tax 1023049063) without further legislative action. Rf 8 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports \PC.Staff.Rpt.Wooden-- No.P.R.0 -7 14 10 p.m. doc 41 42 FILE #L09 -002 ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan Per the discussion of Comprehensive Plan Criteria (above), the proposed Office zoning is consistent with the Comprehensive Plan, as follows: Plan Objective #1 To improve and sustain residential neighborhood quality and livability Goal 7.2 Noise Abatement—Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries Policy 11.1.6 Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.18.010, the requested Office zone is intended to provide for areas appropriate for professional and administrative offices, mixed with certain retail uses. Because of the generally light environmental and traffic impacts and daytime use characteristics of offices, it is further intended that such districts may serve as buffers between residential districts and commercial and/or industrial areas. The proposed rezone from Manufacturing Industrial Center /Light (MIC/L) and Low Density Residential (LDR) will fulfill this purpose by allowing offices to be built. Attachment F compares the uses permitted in the requested Office with the current Manufacturing Industrial Center /Light (MIC /L) and Low Density Residential (LDR). For example, Office zoning permits uses such as office, studios and planned mixed use development combining retail and office. Restaurants are also permitted uses. Permitted MIC /L uses include automotive services, heavy equipment repair and salvage, manufacturing and processing of various kinds, motels, offices, parks, health clubs, restaurants. Rf 9 07/15/2010 W: \Users\Minnie\Minnie -PC Staff Reports \PC.Staff.Rpt.Wooden-- No.P.R.O -7 14 10 p.m..doc Although there is some overlap in permitted uses, Office zoning allows a wider range of uses that are compatible with the nearby residential neighborhood. Office zoning would generally enable development that offers a better transition to the adjacent Low Density Residential than the MIC /L zone now provides. Office requires a 25' front yard setback, while the required setback for both LDR and MIC /L front yard setback is 20'. The proposed Office zone allows building heights up to 3 stories or 35', vs. 45' or four stories in MIC /L and LDR 30 feet in the LDR. (Attachment G) The proposed Office zone requires design review for commercial structures 1, 500 square feet or larger. Design review is required for the existing MIC/L in proximity to residential districts and the Duwamish River. Design review is not required for the LDR. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Since the current zoning was established in 1995, the 8.6 acre parcel immediately adjacent to Parcel 1 was developed as Duwamish Riverbed Hill Park. Zoned MIC /L, the property had previously been known as Poverty Hill and had been sought for industrial development with plans to dynamite the hill and its outcropping of bedrock. In 2001, the Cascade Land Conservancy, the City of Tukwila and a citizen group called Friends of the Hill formed a partnership to work for the preservation of the hill. In 2004, the property was purchased by the Cascade Land Conservancy, and transferred to the City of Tukwila to establish a cultural and natural preserve. Although the Duwamish Riverbend Hill Park has not been formally rezoned from MIC /L, it operates as a park, and has a supplemental Public Recreation Overlay zoning. Establishing the recreational use has isolated Parcel 1 from other MIC /L uses, making an industrial use less appropriate to the site than before. 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located In a broad sense, the office or commercial uses that are permitted in the requested Office zoning could benefit the region and the community by providing additional employment opportunities and tax income. The existing Manufacturing /Industrial Center —Light zoning is not in the best interest of the neighborhood as it permits a light manufacturing/industrial use adjacent to residential zoning. Well- designed development under the Office zone would benefit the community more than the existing vacant residential property, and storage yard. Rather than an isolated Rf 10 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\ PC. Staff.Rpt.Wooden-- No.P.R.O. -7 14 10 p.m..doc 43 44 manufacturing /industrial activity, use of both properties as part of a coordinated office related project could promote public health, safety and comfort through good design. Office uses, as permitted in the 0 zone have typically lighter environmental impacts and would provide a more appropriate transition to the LDR zone than the current MIC /L zoning. Future development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property, and provide Tukwila a clear means to evaluate any future proposed development, accommodate neighborhood conditions, and avoid adverse impacts to the adjacent properties and the community. Contract Rezone: As discussed earlier in this report, the applicant has asked to maintain the construction storage yard as a legal, non conforming use after the requested rezone to Office while preparing to redevelop the site. If desired, this could be accomplished through a contract rezone and a Comprehensive Plan amendment citing the contract rezone. The applicant would be required to cease storage yard operations in a set time period after the rezone becomes effective, and to donate Parcel 2 along the Duwamish to the City for public use. If the storage yard did not cease operations by the deadline, the rezone would become void and zoning would revert to the previous MIC /L and LDR. The small waterfront property would remain in City ownership for public use. These conditions would serve to protect both community and City interests. Allowing the contractor storage yard to operate as a legal non conforming use for a set time period after rezone to Office maintains the status quo without added impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, there will be no change in zoning. The contractor yard could continue to operate as a permitted use in the MIC/L, as is the case now. The public benefits by the donation of the waterfront parcel in either case. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comnrehensive Plan: Office zoning is consistent with existing Comprehensive Plan policies that support good transitions between industrial /commercial and residential uses, limit noise impacts on residential uses, and promote stable neighborhoods. 2) Consistency with Zone: Office zoning allows a broader range of uses that are compatible with the existing residential neighborhood than Manufacturing Industrial Center/Light zoning. Rf 11 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\ PC. Staff.Rpt.Wooden-- No.P.R.O. -7 14.10 p.m..doc 3) Changed conditions: Development of Duwamish Riverbend Hill Park has isolated Parcel 1 from other MIC /L zones and uses, making it less likely to develop as an industrial use. 4) Community interest: Development that is allowed under the Office would benefit the community by allowing a wider range of uses with less impact on the surrounding neighborhood than the uses that are permitted in the current Manufacturing Industrial Center zoning. The donation of Parcel 2 would allow Tukwila to gain public land along the Duwamish river for restoration and possible trail development. A contract rezone to Office maintains the status quo without added impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, there would be no change in zoning, and the current MIC /L and LDR remain. The public would not be harmed since the construction storage yard is already in operation and the existing conditions remain. The public would benefit from the donation of the waterfront parcel in either case. Although not part of the rezone request, it is in the community interest officially to add the "Public Recreation Overlay" to the Duwamish Riverbend Hill park property to indicate continued park use. ZONING RECOMMENDATION: Staff recommends the following: Approve a contract rezone of property located at 3912 S. 115 Street (Tax 1023049072) from Manufacturing Industrial Center /Light to Office and property located at 3814 S. 115 Street (Tax #1023049063) from Low Density Residential to Office subject to the following requirements: a) Contractor storage operations shall not be allowed on Tax Lot 1023049063, and shall be completely removed prior to the effective date of this rezone; b) The contractor storage yard on Tax lot #1023049072 shall meet all legal requirements, and shall cease all operation no later than two years (730 days) after the effective date of the rezone; c) In the event that all operations of the contractor storage yard are not terminated by the deadline above, the rezone shall be voided. Office zoning shall revert to Manufacturing Industrial Center /Light (Tax 1023049072) and Low Density Residential (Tax 1023049063) without further legislative action. d) Applicant agrees that Tax Parcel 3351400005 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date the rezone. The dedication of this parcel shall survive any reversion of zoning, by virtue of non compliance with the terms of this agreement. Rf 12 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports \PC.Staff.Rpt.Wooden-- No.P.R.O -7 14 10 p.m. doc 45 46 Planner: ecc6 Fo x NAME OF PROJECT /DEVELOPMENT: CITY OF TUKWILA Department of Commun1L Development 6300 Southcenrer Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tulcwila.wo.us FOR STAFF USE ONLY Permits Plus Type: P -CPA ATTACHMENT_ A P-CPA L09-064 COMPREHENSIVE PLAN AMENDMENTS 1 G File Number: Application Complete (Date: tt. /l6 f to I Project File Number: Application Incomplete (Date: 112.6110 1 Other File Numbers: L vet 0 C .r ge 2t atti'.. L Wooden III LLC DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the owner /applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: Josh Johns or Eric Cobb E. Cobb Architects Address: 911 Western Ave #318 Phone: 237 01 36 FAX: Z Z33 c G 2 1 .42 E mail .J i O f--(1 5 G D 13f3 A Go AA Signature: Vim ��i/Z Date: I z 1 7 0 Attachment A LOCATION OF PROJECT /DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3914 South 115th Street and adjacent lot parcel 1023049072 and 3351400005 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 1023049072 3351400005 1023049063 69 70 A. COMPREHENSIVE PLAN DESIGNATION: Existing: /OZ 3Q CY 07Z M 000O5- LQPyL Proposed: tDZ3 0 9 `t L 7Z 3 3 L( oco 05 oFPt E B. ZONING DESIGNATION: Existing: 10 Z.30 t.1 90 72 AA 1 C IL 3 3 00005 L D l2 Proposed: lO2- 3p '307Z 335 (0000 5 0 O FF1Ue% C. LAND USE(S): Existing: VAZ. 102.30 9012 5 IN C,1. FAvkAl P ye.ES- ?3C1`toc Proposed: 0PF«c Fog (UoTP ibz30 9 ra72. i- 3351 t(00005 (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. I FFl` Uvti/R/LAisPr HILL- PA2k TKE WEST AND Noll PaoPEQ -T EDbE A>•D 1S GvA22ENTLY MI THE PR0PE1Z.TY `ro TH EAST AN- P 50uTi 4 (Aes -oss D v w,4 tiA (s, Q t v 1E 0 15 /-ID 12 2 s t) riAL. ASAP fzo K I A A E t—Y 1000 T2 T4E EA5 T t'a S MALL A aSA5 ARC Z©t IZGG AM() M R 47 48 STATE OF WASHINGTON COUNTY OF KING EXECUTED at JEir otaifittlrir i 4 :4 1 /1„.. :;iet,"4: 4. S% Cr IS e f 3' M V 6"' %:;irf t ti• 4. .f S't p`% 1` it. I II ruiltttttt CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E mail: tukalnnOci.tttkwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained,in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, locatgd at, 91 S ll�s sT't V,L.M I 4 d To T t.✓FSY' ?4 .LElJF IO2.7e41p71, 10de t0 3 Y4oL1 li for the purpose of application review, for the mited t im 3 40 e necessary to complete that purpose. 5. Owner agrees to hold the'City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the applications) without refund of fees. (city), 444 (state), on Dee.- Print Name 4.1- eF"1 Address ev 67 J'-�— Phone Number Signature h On this day personally appeared before inc c t,. Q� av�' P. 7 a to me known to be the individual who executed the foregoing instrument and acknowledged that belakffi signed the same as his/b rvoluntary act and deed for the uses and purposes mentioned therein. i .0 SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 10 DAY OF Dee. NOTARY PLJ'gLIC in and tar the State of Washington residing ut sAll)Q \.)a C c J (7/ 7 My Corrunission expires on 1 '/29,2. 5 /a 2p ,2o t2 PROPOSED COMPREHENSIVE PLAN ADMENDMENT SUMMA.gY s u(._ (parcels 1023049072, 3351400005, 1023049063) The proposed rezone and plan amendment involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden Ill LLC, currently owns three parcels bordering the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (8) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MIC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Parcel C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden III Ilc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal, the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden III would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, ifthe proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. In lieu of the MICIL "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. 73 49 74 50 We firmly believe that both the City of Tukwila and the Owner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletcher, has reviewed our proposal and has provided a response letter supporting the proposed rezone. A. COMPREHENSIVE PLAN.AMENDMENT CRITERIA (TMC 18.80.050) Demonstrate how each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for the proposed change? in recent years Tukwila has acquired and developed Duwamish Hill Park, originally designated MIC /L land. Although the land is still zoned MIC /L the development of the public park has had a significant impact on privately owned Parcel A, B and C. The creation of Duwamish Hill Park separates Parcel C and B from the remaining MIC /L zone essentially making a small island of MIC /L zoning surrounded by Park and Residential land. Creating a small island of MiC /L zoning within Park and residential zoning clearly is not in line with the Comprehensive plan (see response to "An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect" below). The proposed rezone would improve the zoning conflict created by the newly developed Duwamish Hill Park. Why is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The proposed change improves an awkward zoning adjacency created by Duwamish Hill Park. The City's land acquisition of Parcel B is the best possible means of meeting the public needs associated with the park, trail and Shoreline planning. While acquiring parcels A and C may also be in the City's best interest, Wooden I11 llc views this as a strong development opportunity. Nonetheless they would be open to this discussion as well. Why will the proposed change result in a net benefit to the community? if not, what type of benefit can be expected and why? in all cases the proposed rezone is a net gain for the community and landowner. -A potentially harmful use adjacent to a Park and residential neighborhood will be eliminated. -A combined development site zoned (0) Office will provide employment opportunities for the community without the harmful industrial use possible with the existing MIC /L designation. -The City will acquire a piece of Duwamish waterfront property that would allow for future Shoreline development plans and trail projects. See attached "Existing and Planned Pedestrian and Bike Facilities" -The City's acquisition of Parcel B would eliminate possible industrial development along the water way adjacent to the City Park. B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18,80.010) A detailed statement of what is proposed and why; A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; The proposed rezone would eliminate a potential harmful use adjacent to an established residential neighborhood and newly developed Public Park. With the creation of Duwamish Hill Park Parcel C and A became an island of MIC /L separated from the larger MIC zone. The proposed rezone to Office zoning would eliminate potential harmful uses on the site that may create excessive noise and traffic adjacent to the park and residential zone. Similar to the MIC /L zoning the proposed (0) Office would provide opportunities for employment but in a situation much more suited for a park and residential neighborhood. Both the Park and adjacent residential neighborhood would benefit from the proposed rezone. The City's acquisition of Parcel B would also create a continuous section of City owned shoreline that would directly benefit the adjacent Duwamish Hill Park, LDR neighborhood and general public. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) The proposed rezone is clearly in line with a major goal of the Comprehensive Plan, "To improve and sustain residential neighborhood quality and livability." The adjacent City Park is responsible for creating two privately owned island of MIC /L zoning adjacent to park and residential propoerty (parcels C and B). By rezoning the property from MIC /L to Office all potentially harmful industrial uses will be eliminated. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. The existing MiC /L would allow for manufacturing and similar uses that produce a large amount of noise in conflict with TCP Goal 7 2 Noise Abatement, 7.2.2 Discourage nose levels which are incompatible with c .ir rent or planned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. 75 51 52 76 Rezoning MIC /L to (0) Office would clearly eliminate many potentially disruptive activities and businesses adjacent to the residential zone and Public Park. The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel B. Parcel B is currently zone MIC /L and could allow for commercial access to the Duwamish River. Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border of the M1C along with the Public Recreation overlay at Duwamish Hill Park. A close examination of the map shows the abnormal zoning condition created by Duwamish Hill Park at Parcel C and B. Parcel C and B are isolated from the remaining MIC zone and no longer serve or benefit the surround zoning. The existing MiC /L zoning for Lot C is inconsistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: This district implements the Manufacturing Industrial Center /Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. Parcel C is currently a small island of MIC /L zoning surrounded by residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive light manufacturing and industrial uses" Tukwila's City Zoning Map currently has multiple conditions where Office zones directly border LDR zoning. However, MIC /L zones rarely border LDR zones because of the obvious conflicts. Our proposal removes these adjacencies. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; The proposed rezone falls in line with the goals of the Washington State Growth Management act: RCW 36.70A.020 Development on Parcel A and C would provide additional services and employment opportunities. (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. A planned office development would provide services and employment opportunities for the adjacent residential neighborhood. (5) Economic development. Encourage ecconomic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment ofnew businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. An industrial use adjacent to a public park and shoreline environment is an "incompatible use" (8) Natural resource industries. Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses. Eliminating MIC /L zoning would ensure potentially harmful uses would no longer be possible on Parcel C and B. The City's acquisition of Parcel B would protect the shoreline environment and allow for potential shoreline restoration work. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. RCW 36.70A.070 Comprehensive plans Mandatory elements (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed -use area or an industrial area under this subsection (5)(d)(i) must be principally designed to .serve the existing and projected rural population. The proposed office development would provide employment opportunities to the community while the land redistribution would directly serve the adjacent community. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; Eliminating MIC /L zoning on Parcel C and B will help protect the environment. Providing a development opportunity for an Office use will also serve the economic growth of the region. ED -10 Jurisdictions shall adopt economic development and other policies which will recognize and help protect the environment as a key economic value in the region. Local policies shall seek to achieve an appropriate balance between the needs for economic growth and the need for protecting the environment. Local governments are encouraged to look for ways to work cooperatively with businesses to help them comply with environmental regulations and to develop policies that result in environmental protection through regulatory processes that are understandable and efficient. The existing zoning for Parcel C and B is in conflict with the Countywide plan allowing for industrial land to be in direct contact with a non supporting or incompatible use. 77 53 78 54 ED-15 Local comprehensive plans should include policies which foster a climate supportive of the siting needs of industrial users and that recognize the important role they play in creating high -wage jobs. Local plans are encouraged to include policies designed to ensure that industrial use of industrial -zone land is not unduly encroached upon or limited by non supporting or incompatible uses. Arguably Parcels C and B are not "sized for manufacturing /industrial uses now that Duwamish Hill Park isolates the parcels from the remainder of the MIC zone. 5. Manufacturing /Industrial Center Criteria LU -52 Each jurisdiction which contains a regional Manufacturing /Industrial Center shall adopt in its comprehensive plan a definition of the Center which specifies the exact geographic boundaries of the Center. Jurisdictions with Manufacturing /Industrial Centers shall have zoning and detailed plans in place to achieve the following goals by the year 2010. a. Preserve and encourage the aggregation of vacant or non manufacturing /industrial land parcels sized for manufacturing /industrial uses; L U -58 Jurisdictions' comprehensive plans for regional Manufacturing /Industrial Parcels C and B have no buffers from the adjacent park and residential neighborhood Centers shall demonstrate compliance with the criteria. In order to promote manufacturing/ industrial growth, the Manufacturing /industrial Center plan for each jurisdiction shall establish strategies: c. To provide buffers around the Center to reduce conflicts with adjacent land uses; A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; The proposed rezone would not increase utility needs relative to the existing MIC /L zoning. The City's Shoreline plan would benefit from the acquisition of Parcel B. Proposed Shoreline restoration and trail projects would be feasible with a continuous City owned shoreline. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; No capitol improvements will be necessary for the proposed rezone. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. Zoning Code map Amendment to reflect the proposed (0) Office zoning on Parcel A and C. Planner: NAME OF PROJECT /DEVELOPMENT: CITY OF TUKWJLA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us 20gtrCA Fox iI TTACIT ZONING CODE AMENDMENTS FOR STAFF USE ONLY Permits Plus Type: P -ZCA 17 r_ 1 File Number: L J 6 1 6,4 Application Complete (Date: 1 111611 6 I Project File Number; Application Incomplete (Date: 1 26 Ito) 1 1 Other File Numbers: L0q —D �D L,L t I f WOo06 l -1 TEL LL.e. Hlr -L tl Lc) e- .0 LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 391 5 S T VALA l�tT zaT T o 1 H V LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). )oz3o 1 iTo7Z. 3 loz3ot-fgO 3 DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: JcS,Lt --1c1-E145 02- ERIC CoM3 F. teLlf t TILTS Address: q 1 WV..5 A 31 1; 'TCLr. I Phone: Zo6 Z 8l 0136 FAX: Z06- Z.33- `I7 L1 Z E-mail: .1.5 o 1 1 5 (D P2A JZ c H C,ot A Signature: �a-` Date: 12 19 09 Attachment B 55 80 56 A. COMPREHENSIVE PLAN DESIGNATION: Existing: 1 0Z 3oc-I 9 077 M I G /L 3 3 S l'--1 DODO 1-b12_ Proposed: 30t-i 9072. t 336 1 t L 'O o O 0 F 16E )3. ZONING DESIGNATION: Existing: 102 30 G6` 2- M t L rL 3 3S I 1 obooS ---Lok Proposed: I OZ_3 9 q 4672 33S 114 0000 S C. LAND USE(S): Existing: 10z304 qorZ Vr4G,4M 1 33. 60005 .51MbLE F #MlnJLY HbM Proposed: 7 FF tGE FDA- ROTH 10 2.3C) q 072. t 361 y 00005 (for proposed changes in land use designations or rezones) t. Lot° Arcnrtects Inc. a i 1 vvesiem /venue eo 10 .0Ccalle. vvt% VU I VV PROPOSED REZONE SUMMARY: (parcels 1023049072, 3351400005, 1023049063) Parcel C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). NMI u SE-.'7E c ms`s." C�' 6- 4:= i4 The proposed rezone involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden III LLC, currently owns three parcels near the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MIC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Wooden 11111c proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. in this proposal, the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse M1C /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden 111 would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, if the proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. In lieu of the MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. 81 57 58 82 We firmly believe that both the City of Tukwila and the Owner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletcher, has reviewed our proposal and has provided a response letter supporting the proposed rezone. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: 1. That the proposed amendment to the zoning map is consistent with the aoals. obiectives. and policies of the comprehensive plan: The proposed rezone is aligned with a primary goal of the Comprehensive Plan: "To improve and sustain residential neighborhood quality and livability." By rezoning.the property from MIC /L to Office many potential harmful uses will no longer be allowed adjacent to existing homes. In addition the donation of Parcel B will allow Tukwila to implement shoreline trails and restoration plans that would directly benefit the adjacent residential neighborhood. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. The existing MIC /L could create a significant noise conflict with the adjacent park and residential neighborhood. Rezoning to (0) Office would mitigate this potential noise disturbance. TCP Goal 7.2 Noise Abatement states, 7.2.2 Discourage nose levels which are incompatible with current or planned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. Rezoning MIC /L to (0) Office would eliminate many potentially disruptive activities and businesses adjacent to the residential zone. The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel B along the Duwamish River, Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shore line 4. Protect the resources and ecology of the shoreline L. VVUU HI 1,1 LILGLLJ 1111.. V 11 V VGJIGI 11 flvcl ItJ1 ri.l vr.u.0 •Il ...0 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border of the MIC along with the Public Recreation overlay. A close examination of the map shows the abnormal zoning condition created by Duwamish Hill Park. Parcel C is isolated from the remaining MIC zone and no longer serves or benefits the surround MIC zone. 2. That the proposed amendment to the zoning map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for; The existing M1C /L zoning for Lot C is not consistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, M1C /L Purpose: This district implements the Manufacturing Industrial Center /Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. Parcel C is currently a small island of MIC /L zoning surrounded by residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive light manufacturing and industrial uses" The proposed (0) Office designation for parcel C and A will serve and support the residential neighborhood. Tukwila's City Zoning Map currently has multiple conditions where Office zones directly border LDR zone. However, MiC /L zones rarely border LDR zones because of the obvious conflicts. Our proposal removes these potential conflicts. 3. That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map: and The adjacent parcel 1023049057 (Park) was originally zoned MIC /L. Along with adjacent parcels this created a very large multi acre industrial area along the Duwamish River. Although the property has not been formally rezoned, parcel 1023049057 is now Duwamish Hill Park owned by the City of Tukwila. Converting parcel 1023049057 to Public Park isolated parcel C and B creating two islands of MiC /L zoning. The proposed rezone will eliminate the potential adverse impacts of MC/ development at this juncture between the newly developed park and the adjacent residential neighborhood 4. That the proposed amend ment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and 83 59 84 60 general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) will be removed from the southeast corner of the Park. 2. In lieu of the MiC /L "island" parcel, two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. a. Tukwila's Walk and Roll program has developed a master plan to provide future sidewalks along Parcel C &A. Clearly the future sidewalks and pedestrian plan would be better served by an Office zoning compared to the purpose of the MIC /L zone which may include large trucks and delivery traffic. "MIC /L" "it is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries." 3. Tukwila would gain parcel B along the Duwamish for restoration and possible trail development. Tukwila's trail and shoreline restoration plans are currently interrupted by Wooden III Ilc's "island" of private ownership along the Duwamish waterfront. a. Per Tukwila's Walk and Roll program a trail has already been proposed crossing Parcel 8 (see attached map from Tukwila's Walk and Roll program) b. The Duwamish Hill master plan originally designed by Jones and Jones Architects shows a potential shoreline restoration and beach access along S. 115 St that would include Parcel B The proposed rezone will eliminate adverse industrial impacts to the Park and adjacent residential zone while expanding the public lands that will be critical in future public development projects. December 22, 2009 Josh Johns E. Cobb Architects 911 Western Avenue #318 Seattle, WA 98104 Dear Mr. Johns, 1.11.L_ ti..._ :`r2 I agree with your assumptions that by rezoning two parcels (335140005 and 1023049072) to Office zone would benefit the City of Tukwila's shoreline and the Duwamish Riverbend Park property. The Tukwila Parks system would also benefit with the donation of the riverfront property (1023049063). It is my suggestion to schedule a meeting with myself and the Directors of Public Works and Department of Community Development to further investigate the proposed zoning change and land donation. Please feel free to contact me at (206)767 -2343 if I can be of further assistance Sincerely, Bruce Fletcher, Director Tukwila Parks and Recreation Department 12424 42" a•. enue South Tukwila, WA 98168 (zo6) 767 -2342 bruce@ci.tulcwila.wa.us 85 61 86 62 To:City of Tukwila Department of Community»evelopment 6300 Southcenter Blvd., Ste 100 Tukwila, Wa. 93183 ATTACHMENT G 1 am here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 115 Street. To whom it may concern: I am wondering why we need an office space zoning in an area mostly residential, when there is a glut of empty office space in areas that are alredy in an office space zoning. I am particularly affected as the parcels in question are right across the river from me and this would change my view from an almost pristine view to an office building looking down into my river property. On top of that, a park {Tukwila Riverbend Park} is right next to the parcel and office space does not lend itself to the Local environment layout. Another concern: The sewer, I believe, hasn't reached the parcel in question and it falls dangerously close to the buffer zone cr4eated by the Shoreline Mast3 er Program proposal. Please don't mar our view on the river and add office space potential where it isn't needed or wanted. John Swan 3914 South 117 Street Tukwila, Wa. 98168 RECEIVED OW OF TUKWIIA MAY 06 2O1 'PE��111 r CEWT Stanley G Hoffman 3924 South 114th Street Tukwila, WA 981 68 -1 91 3 206 763 -1712 Sirs: I am writing in opposition on the zoning change of the property located at South 915th Street and 40th Avenue South. The Health of Walker Hill ATTACHION T R DCD Rebecca Fox 6300 Southcenter Blvd Tukwila, WA 98188 The Hill is correctly named Walker Hill in most plot and geological maps. The area is commonly called `Poverty Hill'. This name is used by all, but this name is used for a historically residential area. This area has seen little change_ it is only in the last year that to the west of the property the historical house that served as a store to the original settlers of this valley was demolished and replaced by containers that have been wired with temporary service poles and served with portable toilets. Hardly a development worthy for any neighborhood. The new park opening signals to all who pass on South 115th Street the changes that are uplifting Walker Hill. We have seen many properties remodeled, some to be sold to folks eager to join a community that is centered on the services and employment of the Greater Seattle Metropolitan .Area. We know that the 'Old AG' warehouse is a development site that will greatly improve the area, perhaps including a light rail station. My thinking is that the health of Walker Hill will be harmed by a development that is not residential. The county would entertain the permit process for septic tanks for a residential project. Water and power is available. The property is developable as a residential project. I wish to point out that perhaps some property owners of Walker Hill may have thoughts of using their future appreciation values of their holding. How can this best be served? I point to the 'AG' property and the vast plan unveiled by the Segale Family. These projects have ample space and plans for office buildings, they do not need residential property for office space. What they will need is housing for the new employees to serve these projects. M i thoi thought is the office project will not provide value to t' u �ESe iy ivil i� is v rice N rEjcCt 4bli nv prvvi e `vague eo residential property owners; indeed, this office project will detract from this homogeneous believe the `ducks are now in a row' and I think it is time for the zoning board to support the residential nature of our community and the property owners investments. St'anle y Hbffrf an 87 63 88 64 Tukwila City Council Regular Meeting Minutes July 6, 2010 ATTACHMENT C Page 3 of 6 MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1719. 2. A resolution declaring two aged and obsolete Fire Department Amkus Rescue Systems and accessory equipment surplus and authorizing their donation. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING TWO AGED AND OBSOLETE AMKUS RESCUE SYSTEMS AND ACCESSORY EQUIPMENT SURPLUS, AND AUTHORIZING THEIR DONATION. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1720. b. 2010 Comprehensive Plan Amendments. (The Council may: Refer the proposal as is to the Planning Commission for further review; or Modify the proposal and refer to the Planning Commission for further review; or Defer consideration until a later time to get more information; or Reject the proposal.) MOVED BY ROBERTSON, SECONDED BY DUFFLE TO REFER THE PROPOSAL AS IS TO THE PLANNING COMMISSION FOR FURTHER REVIEW AND A RECOMMENDATION.* Frank Firmani, 2400 NW 80 Street, #162, in Seattle, explained he is confident they can work proactively with neighbors and the Friends of the Duwamish during the planning process. Mayor Haggerton asked if he is speaking in favor of the motion, and Mr. Firmani responded in the ffirmative. OTION CARRIED 6 -0. c. Noise Regulations: 1. An ordinance updating regulations relating to noise as codified at Tukwila Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. MOVED BY DUFFLE, SECONDED BY HERNANDEZ THAT THE ORDINANCE RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT, REPEALING ORDINANCE NO 2002; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2293. 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. Attachment C 65 P:4 31C )C, L09-064 Comprehensive Plan amendment--Manufacturing Industrial Center/Light (MIC/L) to Office (0), 1, and Low Density Residential (LDR) to Office (0) L09-065 Rezone--Manufacturing Industrial Center/Light (MIC/L) to Office (0), 1 and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC/L) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay (PRO) qf Zoning Lines Attachment D Wooden LLC 1".2oo, Office (0), amendment—Manufacturing Industrial CenterlLight (MLCIL) to c Comprehensive Plan DR) o Office (0) Li ht (M1C1L) to ice (0)' L -0 o Density Residential Industrial Center) 9 and Low Manufactu LDR) to pifice (0) M1CIL) to Office (0) Lgg _g o D Rezone—Man ufacturing nsity q and Low Density Residential Industrial Center ice (p) Proposed Manufacturing LDR) and Low Density Residential Public Recreation Overlay TO L o a) proposed 1.1R to x;11 \3 St v L Loft M1CIH (1) L DR worm Attathf W U-C T 68 ATTACHMENT F Comparison of Zoning Code Uses for MIC /L, LDR, and 0 Zones P Permitted, A Accessory, MIC /L LDR 1 O C Conditional, U Unclassified 1 I Adult day care 1 1 A I A 2 1 Adult entertainment (subject to location restrictions) 1 P 3 'Airports, landing fields and heliports (except emergency sites) 1 U 1 4 I Amusement Parks 1 15 'Animal rendering 1 1 6 Animal shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit) 7 Animal Veterinary, including associated temporary indoor boarding; access to an arterial required 8 I Automobile, recreational vehicles or travel trailer or used car sales lots 9 Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building) 10 I Beauty or barber shoes 11 Bed and breakfast lodging for not more than twelve guests 12 I Bed and breakfast lodging (no size limit specified) 13 Bicycle repair shops 1 P 14 Billiard or pool rooms 1 A 15 Boarding Homes 116 Brew Pubs 1 P 17 Bus stations 1 P 18 Cabinet shops or carpenter shops employing less than five people 19 Cargo containers for institutional uses (limit of 2) Type 2 decision 1 P 20 Cement manufacturing I U 21 Cemeteries and crematories 22 Child care Family Home 23 Child daycare centers I P 124 Churches and community center buildings 125 Colleges and universities 1 C 26 Commercial laundries 1 P 27 Commercial Parking (subject to restrictions) 28 Computer software development and similar uses 1 P 29 Contractors storage yards 1 P 30 Convalescent nursing homes for not more than twelve patients 31 Convalescent nursing homes for more than twelve patients 32 Convention facilities 33 Conversion of rental multi family structures to condominiums OR owner- occupied multi family housing (Conversion only, NO new construction) 134 1 Correctional institutes 35 1 Dwelling- Detached Zero -Lot Line Units 36 'Dormitory 37 'Drive-in theatres 38 Dwelling Single family (Includes site built, modular home or new manufactured home P P P C A C A C I P P P C A P C C P P P C 1 I I u I I I I I IAICIAI 1 1 1 P 6.7 /ac P Page 1 of 5 Attachment F P Permitted, A Accessory, C Conditional, U Unclassified 39A Dwelling- Duplex, triplex or four -plex 1 3 9B 'Dwelling- Townhouses up to 4 attached units 39C Dwelling Apartment houses, townhouses, row houses and condos 39D Dwelling Multi- family units above office and retail uses 40 Dwelling Senior citizen housing 41 Dwelling unit Accessory (Owner occupies one unit, parking, size A A limit, lot minimum requirements) 42 I Electrical Substation Distribution I C I C I C I I 43 I Electrical Substation Transmission/Switching I I I I 44 Essential public facilities, except those specifically listed as a permitted! U or conditional in any of the other zones 45 1 Farming and farm- related activities 46 J Financial, banking, mortgage, other services 1 P' P 147 1 Fire Police Stations 1 C C C I 148 1 Fix-it, radio or television repair shops /rental shops 1 P 149 1 Fraternal organizations 1 P 1 50 'Frozen food lockers for individual or family use 1 51 Garage or carport (private) not exceeding 1,500 sq. /ft on same lot as A residence 52 Greenhouses (noncommercial) and storage sheds not exceeding 1,000 A sq. /ft 53 !Greenhouses or nurseries (commercial) I 1 1 P 54 Hazardous substance processing and handling and hazardous waste treatment and storage facilities (on -site) subject to compliance with state siting criteria RCW Chapter 70.105 (See also Environmental p,7 Regulations, Chapter 21.08, Tukwila Municipal Code, TMC) MIC/L LDR 0 55 Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See also Environmental Regulations, Chapter 21.08, Tukwila Municipal Code, TMC) 56 !Heavy equipment repair and salvage j P 1 1 1 57 Heavy metal processes such as melting, blast furnaces, drop forging or drop hammering 58 Home Occupation (Max. 1 non resident worker, no exterior change, A A etc.) 59 I Hospitals, sanitariums, or similar institutes 1 1 1 C I 60 !Hotels 1 P 1 1 1 61 1 Hydroelectric and private utility power generating plants 1 U 1 1 1 62 Industries involved with etching, film processing, lithography, printing and publishing 63 !Internet Data Centers 1 P 1 1 64 Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are U U U significant environmental actions 165 'Laundries; self serve, dry cleaning, tailor, dyeing I P 1 1 P 166 1 Libraries, museums, or art galleries (public) j P 1 C 1 P 167 1 Manuf./Mobile home park (See Criteria) 1 1 Page 2 of 5 69 70 P Permitted, A Accessory, MIC/L LDR O C Conditional, U Unclassified 68 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 C slaughtering) 69 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 70 Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging 71 Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P 72 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 73 Manufacturing, processing, assembling and/or packaging 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 74 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 75 Manufacturing, processing, packaging of foods, such as baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant P foods, and meats (no slaughtering) 76 Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials 77 1 Mass transit facilities 1 78 I Medical and dental laboratories 1 79 1 Mortician and funeral homes 1 80 1 Motels 81 Offices including: medical, dental, government (excluding fire police stations), professional, administrative, business, e.g. travel, real estate commercial 82 Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing 83 Outpatient, inpatient, and emergency medical and dental commercial services 84 'Park ride lots 85 1 Parking areas 86 Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation 87 1 Pawnbroker 88 1 Plumbing shops (no tin work outside storage) U 1 u 1 U 1 1 1 P 1 1 1 1 1 P 1 1 P P P P C 1 1 C A 1 A 1 A P P P 1 1 1 1 1 1 1 1 Page 3 of 5 P Permitted, A Accessory, MIC/L LDR O C Conditional, U Unclassified 189 I Private stable with restrictions j I A I 90 I Radio, television, microwave, or observation stations and towers j C 1 C 1 C 91 1 Railroad freight or classification yards 92 I Railroad tracks (including lead, spur, loading or storage) I p I I I 93 I Recreation facilities (commercial indoor) athletic or health clubs I p I I p 94 Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges 95 Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields 96 Recreation facilities (public), including, but not limited to sports fields, C C C community centers and golf courses 97 !Recreational area and facilities for employees j A I I A 1 I 98 Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures 99 I Rental of vehicles not requiring a commercial driver's license I p I 1 100 Rental of commercial trucks and fleet rentals requiring a commercial I driver's license 101 I Residences for security or maintenance personnel 102A Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant 102 Restaurants including cocktail lounges in conjunction with a restaurant B 103 Retail sales of furniture appliances, automobile parts and accessories, liquor, lumber/bldg. materials, lawn &garden supplies, farm supplies 104 Retail sales, e.g. health/ beauty aids/ prescription drugs/ food/hardware/ notions /crafts /supplies/housewares electronics /photo- equip /film processing/ books /magazines/ stationery/ clothing/shoes /flowers /plants /pets /jewelry/ gifts /rec. equip/ sporting goods, and similar items. P A I I I P C P 105 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- P oriented retail sales (e.g., drive -ins, service stations). 106 Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from C the above materials 107 Sales and rental of heavy machinery and equipment subject to landscaping requirements of Chapter 18.52 108 Salvage and wrecking operations. I I I I I 109 Salvage and wrecking operations which are entirely enclosed within a P building 110 I Schools and studios for education or self improvement P 1 I P 111 Schools, preschool, elementary, junior senior high schools (public), C C and equivalent private schools 1 112 I Secure community transition facility 113 !Self storage facilities p 114 I Sewage lift station U U 1 115 l Shelter p p 1116 I Shopping center, Planned (mall) 117 Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened P pursuant to Chapter 18.52 Page 4 of 5 71 72 P Permitted, A Accessory, MIC/L LDR 0 C Conditional, U Unclassified 118 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 P front yard setback of 100 feet; security reauired 119 1 Stormwater- neighborhood detention treatment facilities 1 U 1 U 1 120 1 Stormwater pump station 1 1 U U 1 1 121 1 Studios Art, photography, music, voice and dance 1 P 1 P 1 1 1 122 'Taverns, nightclubs P 1 1 123 'Telephone exchanges P 1 P 1 124 Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code 125 Tow -truck operations, subject to all additional State and local P regulations 126 Transfer stations (refuse and garbage) when operated by a public U agency 127 I Truck terminals 1 P I I I 1 128 1 Warehouse storage and wholesale distribution facilities 1 P 1 1 1 129 I Water pump station 1 1 U 1 u 1 130 1 Water utility reservoir and related facilities 1 1 U 1 U 1 131 Wireless Telecommunications Facilities (subject to restrictions listed P P P under TMC 18.58) *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: Similar in nature to and compatible with other uses permitted out right within a similar zone; and 2. Consistent with the stated purpose of the zone; and 3. Consistent with the policies of the Tukwila Comprehensive Plan. 1 Within a specific area of LDR, MDR, and HDR along the Tukwila International Boulevard Corridor is a zoning overlay called Commercial Redevelopment Areas. Within these areas permitted uses in the adjacent commercial zones are allowed in the residential zones subject to public design review and specific criteria. 2 Owned and operated by the City of Tukwila. 3 Must be less than 20,000 square feet, conditional use over 20,000 square feet. Page 5 of 5 MIC/L Administrative design review is required for new developments within 300 feet of residential districts or within 200 feet of the Green/Duwamish River. 1 Lot area, minimum 1 Lot area per unit (multi- family), minimum Average lot width minimum, (20 ft. street frontage width) Setbacks to yards (minimum): Front Front, decks or porches Second front Second front (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) Sides o 2 floor o 3` floor Rear o 1 floor o 2 floor o 3` floor Height, maximum Comparison of Design Review Requirements Basic Development Standards for MIC /L, LDR, and 0 Zones Design Review Requirements LDR Design review is required for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. Basic Development Standards MIC/L I LDR I N/A 6,500 sq. ft. N/A 1 N/A 1 N/A 20 feet N/A 10 feet 15 feet None 20 feet 30 feet None 15 feet 20 feet I 30 feet 1 4 stories or 45 feet Design review is required for commercial structures 1,500 sq. ft. or larger. Commercial structures between 1,500 and 5,000 sq. ft. will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 sq ft. 1 Rear (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 0 50 feet 20 feet 15 feet 10 feet 10 feet 5 feet Sides (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) o 1st floor I 15 feet I 5 feet 5 feet 5 feet 10 feet l0 feet 10 feet 10 feet 30 feet ATTACHMENT G 0 N/A N/A N/A 25 feet N/A 12.5 feet 12.5 feet 10 feet 20 feet 30 feet stories or 35 feet 10 feet 10 feet 20 feet 30 feet 10 feet Page 1 of 2 Attachment G 73 Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements 1 Front Front (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) Second front Sides Sides (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) Rear Rear (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) Recreation space Off -street parking: Determined by use 74 5 feet 1 15 feet N/A None 15 feet None 15 feet N/A 3. Consistent with the policies of the Tukwila Comprehensive Plan. Basic Development Standards 1 MIC/L 1 LDR 1 O 1 N/A 15 feet 15 feet 12.5 feet 5 feet 10 feet 5 feet 10 feet N/A 2 parking spaces for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional Residential N/A parking may be required for home occupations and accessory dwelling units as otherwise proved by this title. See also TMC Chapter 18.56, Off -street Parking Loading Regulations. See TMC See Accessory Accessory dwelling unit N/A 18.10.030 Use section of this chapter Office, minimum 3 per 1,000 sq. ft. N/A 3 per 1,000 sq. ft. usable floor area usable floor area 2.5 per 1,000 sq. Retail, minimum N/A N/A ft. usable floor area 1 per 2,000 sq. ft. Warehousing usable floor area N/A N/A min. 1 per 1,000 sq. ft. Manufacturing usable floor area N/A N/A min. Other uses Refer to TMC Figure 18 -7, "Required Number of Parking Spaces for Automobiles and Bicycles" (attached) *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: 1. Similar in nature to and compatible with other uses permitted out right within a similar zone; and 2. Consistent with the stated purpose of the zone; and Page 2 of 2 86 To:City of Tukwila Depat talent of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, Wa. 98183 /4/1 y ZIC le: ATTcHNEvT H t am here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 115 Street. To whom it may concern: I am wondering why we need an office space zoning in an area mostly residential, when there is a glut of empty office space in areas that are alredy in an office space zoning. I am particularly affected as the parcels in question are right across the river from me and this would change my view from an almost pristine view to an office building looking down into my river property. On top of that, a park {Tukwila Riverbend Park} is right next to the parcel and office space does not lend itself to the local environment layout. Another concern: The sewer, I believe, hasn't reached the parcel in question and it falls dangerously close to the buffer zone cr4eated by the Shoreline Mast3er Program proposal. Please don't mar our view on the river and add office space potential where it isn't needed or wanted. John Swan 3 914 South 117 Street Tukwila, Wa. 98168 RCCSIVED CITY OF TiKWdtA NAY 06 20in 'PERMIT CENTg. Attachment H 75 76 Stanley G Hoffman 3924 South -11 -4th Street Tukwila, WA 981 68 -1 91 3 206- 763 -1712 Sirs: The Health of Walker Hill DCD Rebecca Fox 6300 Southcenter Blvd Tukwila, WA 98188 I am writing in opposition on the zoning change of the property located at South 115th Street and 40th Avenue South. The Hill is correctly named Walker Hill in most plot and geological maps. The area is commonly called `Poverty Hill'. This name is used by all, but this name is used for a historically residential area. This area has seen little change. It is only in the last year that to the west of the property the historical house that served as a store to the original settlers of this valley was demolished and replaced by containers that have been wired with temporary service poles and served With portable toilets. Hardly a development worthy for any neighborhood. The new park opening signals to all who pass on South 115th Street the changes that are uplifting Walker Hill. We have seen many properties remodeled, some to be sold to folks eager to join a community that is centered on the services and employment of the Greater Seattle Metropolitan Area. We know that the `Old AG' warehouse is a development site that will greatly improve the area, perhaps including a light rail station. My thinking is that the health of Walker Hill will be harmed by a development that is not residential. The county would entertain the permit process for septic tanks for a residential project. Water and power is available. The property is developable as a residential project. I wish to point out that perhaps some property owners of Walker Hill may have thoughts of using their future appreciation values of their holding. How can this best be served? I point to the `AG' property and the vast plan unveiled by the Segale Family. These projects have ample space and plans for office buildings, they do not need residential property for office space. What they will need is housing for the new employees to serve these projects. My thought is the office project will not provide value to residential property owners; indeed, this office project will detract from this homogeneous believe the `ducks are now in a row' and I think it is time for the zoning board to support the residential nature of our community and the property owners investments. Stanley i'bffrrian 87 December 22, 2009 Josh Johns E. Cobb Architects 911 Western Avenue #318 Seattle, WA 98104 Dear Mr. Johns, I agree with your assumptions that by rezoning two parcels (335140005 and 1023049072) to Office zone would benefit the City of Tukwila's shoreline and the Duwamish Riverbend Park property. The Tukwila Parks system would also benefit with the donation of the riverfront property (1023049063). It is my suggestion to schedule a meeting with myself and the Directors of Public Works and Department of Community Development to further investigate the proposed zoning change and land donation. Please feel free to contact me at (206)767 -2343 if I can be of further assistance Sincerely, Bruce Fletcher, Director Tukwila Parks and Recreation Department 1 4= ,,d A venue South Tukwila, WA 98168 (206) 767-2342. bruce @ci.tukwila.wa.us 1 a :.0 ..'..e__reL:4 =o 7 r n ATTACHMENT 2 MACADAM, LLC COMPREHENSIVE PLAN ZONING MAP HEARING DATE: July 22, 2010 NOTIFICATION: FILE NUMBER: L09 -067 (Comprehensive Plan Amendment) L 10 -002 (Rezone) APPLICANT: Macadam LLC REQUEST: STAFF REPORT TO THE PLANNING COMMISSION ATTACHMENT 2 A Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 Site posted, 7/13/10 Amend Comprehensive Plan/Zoning Map from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) LOCATION: 4300 S. 133 Street, Tukwila (Tax Parcel #261320 -0131) COMPREHENSIVE PLAN DESIGNATION: Commercial /Light Industrial (C/LI) ZONE DESIGNATION: Commercial /Light Industrial (C /LI) SEPA DETERMINATION: Determination of Non significance (DNS), 7/21/10 STAFF: Rebecca Fox ATTACHMENTS: A. Application (L09- 067) Comprehensive Plan B. Application (L10-002)—Zoning Map Change C. Minutes —City Council Regular Meeting, 7/6/10 D. Aerial vicinity with zoning E. Zoning map F. Topographic Survey Rf I 07/15/2010 W Users\ Minnie\ Minnie -PC Staff Reports \PC.Staff.Rpt.Macadam Becker doc 79 80 Vicinitv /Site Information FINDINGS Backeround and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) at 4300 S. 133 Street, Tukwila, WA (Parcel 261320 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code- related work be complete by a date certain a condition of the change from Commercial /Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Site: The property is located on the corner of 44 Avenue South and S. 133 Street (4300 S. 133 Street). The property is bounded on three sides by S. 132n Street to the north, 44 Avenue South to the east, and S. 133 Street to the south. Macadam Road, to the Rf 2 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\PC.Staff.Rpt.Macadam- Becker doc west of the property, crosses over S. 133 via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single- family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial /light industrial and residential uses. The majority of the subject property contains environmentally sensitive areas, including Southgate Creek, a Type 2 salmon- bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial /Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single family homes that are immediately west of the property, and across Macadam Road /43 Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40 Avenue South. COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The proposed Comprehensive Plan change from C /LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi family housing to be built. Four broad reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Rf 3 07/15/2010 W \Users\Minnie\Minnie—PC Staff Reports\ PC.Staf£Rpt.Macadam Becker..doc 81 82 Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi family homes, including owner- occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single -and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi- family or single family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. This policy demonstrates the community's commitment to residential neighborhoods, including multi family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial/light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial /Light Industrial on the east, and the Low Density Residential on the west. Goal 7.2 Noise Abatement Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. Rf 4 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports \PC.Staff.Rpt.Macadam-Becker. doc 2) Impacts MDR would allow housing on the now -vacant site. MDR zoning peimits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial /Light Industrial Zone. The proposed medium density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial /light industrial designation, would bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single family homes. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C /LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C /LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. Rf 5 07/15/2010 W \Users Minnie\Minnie -PC Staff Reports \PC.Staff.Rpt.Macadam- Becker doc 83 84 A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C /LI designation removes the option of future job producing business on the site. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential and to provide housing in a stable neighborhood. The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. 2) Impacts? New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial /light industrial activity on the site. Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 3) Meeting identified public need? Other options? Designating new Medium Density Residential provides the option of additional housing for the area. Housing could be provided by designating the property as Low Density Residential (LDR) Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue producing development. 4) Benefit to the community? The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. New development that enhances the site's environmental characteristics benefits the community. The change to housing use, will remove the opportunity for a commercial /light industrial use. Rf 6 07/15/2010 W \Users \Minnie\Minnie -PC Staff Reports \PC.Staff.Rpt.Macadam Becker doc COMPREHENSIVE PLAN RECOMMENDATION: Staff recommends the following: Approve the Comprehensive Plan Map amendment of property located at 4300 S. 133 Street (Tax 2613200131) from Commercial /Light Industrial to Medium Density Residential with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. 2) In the event that the contract rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial /Light Industrial without further legislative action. FILE #L10 -002 ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan. Per the discussion of Comprehensive Plan Criteria (above), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: Plan Objective #1 —To improve and sustain residential neighborhood quality and livability Goal 3.1 Continue to provide the City's fair share of regional housing Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi family households. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ..."intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses..." Multi family duplex, triplex, fourplex units, townhouses up to four attached units, or detached zero lot -line units are permitted with heights up to 30 feet. One detached Rf 7 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\ PC .Staff.Rpt.Macadam- Becker..doc 85 86 single- family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial /light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well- suited to a carefully -sited multi family residential development, or Planned Residential Development (PRD). 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located. In a broad sense, allowing additional, denser multi- family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well- designed multi family residential development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety and comfort through good design. Site specific development will be planned carefully to accommodate both site specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. Rf 8 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\ PC .Staff.Rpt.Macadam Becker..doc 2) Consistency with Zone: The desired multi family residential zoning pennits a range of housing to be built, including duplex, tri-plex, four -plex and townhouses. 3) Chanced conditions: Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: New housing development is in the community interest. Residential development that is sensitive to the site's environmental characteristics benefits the community. ZONING RECOMMENDATION: Staff recommends the following: Approval of the Zoning map amendment for property located at 4300 S. 133 Street (Tax 2613200131) from Commercial /Light Industrial to Medium Density Residential with the following conditions: a) All code violation issues, including the conditions outlined in the Special Permission Director (File L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 2010. b) In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. Rf 9 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\PC.Staff.Rpt.Macadam- Becker .doc 87 88 APPLICATION Planner: f2ebc' C. C.ct_ )c Application Complete (Date: 515-1 i 0 I Project File Number: L09-067 Application Incomplete (Date: i /2.4 I i' I Other File Numbers: L10-002 I Loq /if. s'pt'.C,r' Pe4 ts cti Q p).4 r) G w Z._. f; ,v a NAME OF PROJECT/DEVELOPMENT: Macadam LL C Development LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 4 7 3 0_0 5' 3 3, S S /33Ao. s� LIST ALL TAX LOT NUMBER (this information may be found on your tax statement). a C/ 6 3 —O is? D3 DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the owner /applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: Barry Becker Address: 4446 South 131st Place, Tukwila WA 98168 Phone: 64s Y 4 r S FAX: 3 l!" tf t 8 i E -mail: e E. a Signature: 4 CITY OF TUKWILA COMPREHENSIVE PLAN Telephone: (206) 431 -3670 FAX (206) 931 -3665 Department of Community Development ra r p 6300 Southcenter Boulevard, Tukwila, WA 981 8; t1 €:'r.�, r.. E -mail: tukplan@ci.tukwila.wa.us r r F r AMENDMENTS P \Planning Forms Applications \CompPlan_'hg- 6- 06.doc FOR STAFF USE ONLY Permits Plus Type: P -CPA I File Number: Lam_. L:�_v:' L A11AULIPICdV 1 A L 0 Date: /2_ 2 S C3 cj• A I v-e rc, DPbf. 7 Attachment A STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: I. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grams the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 4'.3 d Q 5 for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. 1 EXECUTED at aliL iMa (city), Wa (state), on 17. 12- c t 20 O 1 Print Name 41^ Jr lJ c ke re Address 4 /4/ 4 /6 S l st. /"l. w lsQ_ Phone Number d' Cir 8 S" �3 Signature ss On this day personally appeared before me Pirf'ti✓l, executed the foregoing instrument and acknowledged that and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS fi t t% lIHlt;d �iNY A. f"/ce dam 4,•4• '01,0N�F d� i 001AR e ®mom A(1BLio x,..17. i ge t 'i �6� R 5 P \Planning Forms Applications\ CompPlanChg-6-06.doc CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukolan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY he/she signed the same as his /her voluntary act and deed for the uses DAY OF I�ZC4 Yln�2Y to me known to be the individual who /1,(t? a, CZ-- NOTARY PUBLIC in aVor the State of Washington residing at r, t My Commission expires on f f 'ZO 20 December 4, 2006 89 90 COMPREHENSIVE PLAN AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.050) Demonstrate how each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: 1. Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for the proposed change? 2. Why is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? 3. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. P• \Planning Forms Applications CompPlariChg-6-06.doc, 12/04/06 Comprehensive plan change Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 i2.-Zo -UV Re; Proposed Macadam LLC property development, short plat, rezone from Commercial Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133 St (tax Parcel 26 -13 -20 -0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel 734060 -0722) in Tukwila Washington. A) Comprehensive plan Amendment Criteria 1) We propose a Comprehensive plan change rezone for the East half of property from Commercial light Industrial to MDR to make the single owner contiguous property all residential which will be less environmental impact and topographically contiguous with the existing residential. (The West half of property will remain LDR) 2) This proposed Comprehensive Plan change will meet the need of the community by providing affordable housing. 3) The Proposed Change will be net benefit to the community by providing Medium Density Residential buffer between the existing Commercial Light industrial and the LDR to the West thus increasing LDR property values adjacent to the West and surrounding area. B) Comprehensive Plan Amendment Criteria 1) We propose a Comprehensive plan Amendment and Zone Change to Residential from Commercial Light Industrial to make very small available Industrial area (that is left after wetland buffers and Creek buffers) contiguous with adjacent property existing residential zoning. The Industrial property that is currently available is not adequate size to be developed for Commercial light industrial and is topographically cut off from the adjacent industrial properties to the east and South by a wetland and South Gate Creek. Thus it makes sense to make it Residential. 2) The anticipated impacts of new residential development will be minimize by for example we will provide onsite drainage that will mitigate impact on the City storm drain system and provide eco friendly wetland improvements and passive energy designed houses. 3) The current Comprehensive plan designation is deficient because the available industrial or commercial area is cut off by a small hill and wetland stream to the rest of the C/LR to the East. (Thus commercial traffic access through residential). 4) This proposal will work within the Growth Management Act and comply with requirements that may be identified. It will offer affordable residents with community enhancing inward focusing design to promote neighborhood and wellbeing safety. 5) This proposal provides goals that are specific in county planning such as following King County on site drainage requirements and wetland enhancement. 6) This proposal should have low to no impact on City infrastructure. With our proposed on site drainage we will have minimal impact on the storm drain system detention capacity and addition of 7 additional structures, residential sewer should be small percentage capacity increase with existing sewer and water laterals available in the adjacent streets. 7) This proposal should be minimal impact to City required capital improvements. 8) There are no other requested changes in City Code or regulations at this time. 1 91 EL--J. 7f L I I ol.p f5P-tf'e-Rry LINL -ig,szchis. Lae i,.PRoM kiHE�uL�1TI uM:F 'QQeS1na,nY41. --P Z. -ra: HEDt T- r: T i c" Nfa 1 Q.ESIPE -14N f?oP &r� *vim; 1. o.�. RW1J LgeftDPN Pe-A1f E. .3Y5IM PsemAll s�1 133 S`r almsli.4 P WP exisr 8wcoaE- sett IN) GAR M role Na.1) iomxii w,TN Ei A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T .23 N, R 4 E, W.M. King County, Washington Sectioai 15, T 23.-N, R. 4 E VICINITY MAP SCALE 1 INCH 1/4 14E Is 'LEGAL DESCRIPTION Parcel 7 54Gccb 0722 'That portion of Lot 48, Riverside interurban Tracts, as 'shown in Volume 10 of Plat .Page 74, Records of King County, Washington, lying north of South 133rd Street, east of 42nd Avenue South, and south of the south line of South 132nd Street; together With •the west half of vacated 43rd Avenue South adjoining, and EXCEPT state right -of -way. parcel S 1' 2=O Of 31 That portion of Lot 18, Fostoria Garden Tracts, as Shown in 'Volume 9 of Plats. Page 95, Records of 7Gng County, Washington, and vacated Squire Street, lying north -of Pacific Highway, EXCEPT the portion thereof' lying east of State Highway deeded by Ordinance No. 61B285 and except state highway right -of -way. RECEIVED DEC 3 0 2009 ^GOMMUN(TY- Planner: Rejo e cCc_ x Application Complete (Date: /5 /)o Application Incomplete (Date: 4i /Jo NAME OF PROJECT/DEVELOPMENT: DEVELOPMENT COORDINATOR The individual who: Name: CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98'188, Telephone: (206) 431-3670 FAX (206) 431 -3665 E -mail: tukplan @citukwila.wa.us P: \Planning Forms Applications \ZoneChng- 6- 06.doc File Number: FOR STAFF USE ONLY Permits Plus Type: P ZCA ATTA'NT B „ZiONIN G CODE AMENDMENTS LL k�� fr 1-1-o oo Project File Number: I Other File Numbers: 1 Spe frly✓Ir1l:tn 1 F A (9 g-. j 2 0 0q &'7 LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3o 0 S•. /53Ai) S77 13/34- .r- c r ifv S S t? 5'ieo LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). ')t- 1 2 p 3 S l (i✓ 1 i LI Tr y r i4- L, 1') I 9371 !,7 i4LlJ T E tl -c_'e f has decision making authority on behalf of the applicant in meetings with City staff, a has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. J 6c] e. Address: I V VW-, Phone: 2./a)1� c6 FAX: 4' 9 S. E -mail: 0.( tc-?_ Ce,cul f 0.- 7 6 tO tin 400 Signature: Date: Attachment B 93 94 STATE OF WASHINGTON EXECUTED at CITY OF TUKWILA SUBSCRIBED AND SWORN TO BEFORE ME ON THIS Departnzent of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. (city). (state), on 20 Print Name Address Phone Number Signature On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. DAY OF 20 NOTARY PUBLIC in and for the State of Washington on 9h lanning Fornis Applica tions \ZoneChng- 6- o6.doc December 4, 2006 residing at My Commission expires The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; (2) That the proposed amendment to the zoning map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and (4) That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. P.\ Planning Forms Applications \ZoneChng- 6- 06.doc December 4, 2006 95 95 96 Zone Amendment Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 12 -2809 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133` St (tax Parcel 26 -13 -20 -0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel 734060 -0722) in Tukwila Washington. A) Zone Amendment Criteria 1) This Requested Zone change is consistent with the Comprehensive plan policies in that we will be providing a less environmentally impacting project that is closer in adjacent contiguous use that is residential. 2) The title and description of the zone map changes are consistent with the zone use classification requested that shall be medium density residential which will complement and enhance the adjacent Low density residential directly to the west. 3) There are nuances to and changed conditions of zoning layout that cannot be fully understood at initial time of designation. For example, the newer Sensitive Area Ordinance and environmental setbacks and property development restrictions now change how this property can be accessed and developed. In the past we could develop buildings in the wetland area and put roads and bridge across streams without much restriction. With the new wetland restrictions and Buffer requirements, the area remaining for Commercial Industrial use is cut off from the Industrial to the East. Therefore in order to use as currently Zoned we would need to provide Commercial industrial traffic through the residential neighborhood and LDR on the upper half of site. 4) This proposed Zone change will be in the best interest and welfare of the public safety by providing a lower impact use. The development will also provide inward focused community and neighborhood building design layout that will promote safety and prowler visibility. This will also build and light previous vacant lot area that will make it more safe. 96 1 1')y cVZ ot.t2 rytopf_Fry .6.)A/4, f 13312-4D 5 ETNI) F 1 1 11'1M 4 471. 7 C4 1 TPWV 4 W4 11 1 'TIE MEDVLIPMEPS.717(l.2t/ISW;£441 P••=1" H/4 G RaposEn RAN 4PP€14 1 '5Y5TtPC '51 N -1)4F:n. .124ifrEg rsIs-r lTh/ BPJC- 2 cA94044.100-4.4.- 2.1 FC:r2, -01 .1 A Portion of the NW 1/4 of -tho NE -11/4, Se. 15,. T .23 At, 4 !Er, W.M. King 'County,: Washington Sectiori 15, T 23. N R. 4 E !VICIIY1TY MAP SCALE 1 INCI:1 I/444XE LEGAL DeSCRIP.TION. Faroe/ 1: .7415Co ot.22. That po'rtion. of LOt. 48, Riverside 'interurban • . alio= n Volunie 10 of Plat., .Page 74, Record at King CoUnty, Wairizington, lying north of South I Street, enit of 42,2d Avenue South, and south of the south line of South I32nd'•Street; together frith the 'west-half ot vacated 43rd Avenue South adjoining, and IOCCEPT state. highiray right—of.-Iroy, Parel 2C That' of Lc f. 18, Fostoria .Carden *Trot, as .itfivivn in ,"Vtiltune 9 of Plats Raga 95, Records of FJng 'Sotto ty,. Washington, and vacated Squire Street, lying north .of-Pacifie Highway, EXCEPT the portion thereof 'lying 'east of State Highway' deeded by Ordinance 618285 and. eicept state hig.broy right—of—vray. RECE1\51-) ncr LEGEND rouN7 BRASS MON IN CASE 150. 2002 SET 5/8' RE -BAR CAP FEBRUARY 2002 5EI4ER MANHOLE STORM DRAIN MANHOLE ROCK WALL 5 BLOCK WALL CRAPE. SURrACE FENCE TREE CURVE TABLE EL IA I RADIUS I LENCIN 60821 1570.00 1160.36 7'58'00" 1 115.80 1117.16 510'01' 1985.37 1 88.86 LINE TABLE 7/RECfON DISrANCe V 0906'00" E 28.30' 1 V 0055'45 E 67.90' 1 V 7640'45 W 68.51' 1 V 520725' W 61.85' 1 5018'45' IV 47.06' 1 DEARINC. KIND E DATA: n ISO.ea' A1.4170'35 L4109.71" 1 5 ti 5e COUNIY ASSE550.715 MAR I r� _Y,__t._• 1 CJ f i N 597 4 I ola I -9 1 911 W ,i4 y�1 1 1 a s! a �f y w G I t I 1 1 A\ r ,1 A P•reel No. 734.10-0 i 4 f •+1. 9. Loos AG ES 1 71 1 1 LDR 5 Ti. P y 11' A, ,1 _a L 7 ,y W q. o 1 Z Jt y J, Ji n 1 f Gr,.:.1 4116 I CL YE -5.:•,1 1 R is .l•8 W z N' T ,1 s v 1 C %L! :I, ZT .1 b e Y 9 1 1 31 y� r Y' Z O a.F. .h .1', a u+ Sp, Aw a n 7D C TOPOGRAPHIC SURVEY MAP for IE 6 NE: 7.69 IE 6 5E: 7.59 SSUH 7UK11ILA 4 RIM: 15.35 IE r 5.10 rt 0410, 54150.110' a 57_5500' 1.150.57' �Scd932'IS °.E i156.'li7 d J 7 S. 133rd Street 1 1 87 0 I 1 ,I r 747.6] jI I J 50 0 50 150 Scale I' SO fl 5540 TUIRNLA 1 54: 15.17 IE e' NW. 5.47 1E 6' NE: 6.17 IE r SE: 6.11 LEGAL DESCRIPTION Parcel A That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records of King County, Washington, lying north of South 133rd Street; east of 42nd Avenue South, and south of the south line of South 132nd Street; together with the west hell of vacated 43rd Avenue South adjoining,, and EXCEPT state highway right of way Parcel B That portion of Lot 18, Fostoria Carden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right –of –way, VERTICAL DATUM: NA VD 1988 BENCHMARK: CP17005 -264 WSDOT BRASS DISK IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINLINE OF NB SR5 AND THE ON —RAMA FROM INTERURBAN AVE. ELEVATION a 25.99 FEET. A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T 23 N, R 4 E, W.M. King County, Washington Section 15, T 23 N, R 4 E Tukwila City Council Regular Meeting Minutes July 6, 2010 ATTACHMENT C Page 3 of 6 MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1719. 2. A resolution declaring two aged and obsolete Fire Department Amkus Rescue Systems and accessory equipment surplus and authorizing their donation. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING TWO AGED AND OBSOLETE AMKUS RESCUE SYSTEMS AND ACCESSORY EQUIPMENT SURPLUS, AND AUTHORIZING: THEIR DONATION. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1720. b. 2010 Comprehensive Plan Amendments. (The Council may: Refer the proposal as is to the Planning Commission for further review; or Modify the proposal and refer to the Planning Commission for further review; or Defer consideration until a'later time to get more information; or Reject the proposal.) MOVED BY ROBERTSON, SECONDED BY DUFFIE TO REFER THE PROPOSAL AS IS TO THE PLANNING COMMISSION FOR FURTHER REVIEW AND A RECOMMENDATION.* Frank Firmani, 2400 NW 80 Street, #162, in Seattle, explained he is confident they can work proactively with neighbors and the Friends of the Duwamish during the planning process. Mayor Haggerton asked if he is speaking in favor of the motion, and Mr. Firmani responded in the affirmative. *MOTION CARRIED 6 -0. c. Noise Regulations: 1. An ordinance updating regulations relating to noise as codified at Tukwila Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE ORDINANCE RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFLE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2293. 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. Attachment C 9 9 100 L09-067 Comprehensive Plan amendment--Commercial/Light Industrial (C/L1) to Medium Density Residential (MDR) L10-002 Rezone—Commercial/Light industrial (CU) to Medium Density Residential (MDR) 7)V/2 Commercial/Light Industrial (C/L1) to Medium Density Residential (MDR) Zoning Lines ATTACHMENT D Wat Macadam LLC 419 Proposed CL /I to MDR L09 -067 Comprehensive Plan amendment Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) 4 Zoning Lines ATTACHMENT E Macadam LLC 1 "e400° I� 101 LEGEND FOUND BRASS MONUMENT IN CASE FEB. 2002 SET 5/8' RE -BAR CAP FEBRUARY 2002 SEWER MANHOLE STORM DRAIN MANHOLE ROCK WALL a BLOCK WALL j CRAWL SURFACE FENCE TREE CURVE TABLE EL IRAOIUS ILENCBII 6'0821" 1570.00 1160.55 75800' 1 115.80 1117.16 I 510'01" 1985.37 1 88.86 1 LINE TABLE 1 7IRECRON IDISTANCEI V 09 06'00" E I 28.30' 1 V 8056'45' E 1 67.90'' V 76'40'45" W I 68.51' 1 V 62 '0725" W I 61.85' i 5078'45" W I 47.06' I N 76 )4�4• 1 14103 i/ SEARING: K1NC COUNTY ASSESSORS MAP 69'34'53" W' Q DATA, R•150.60' 8.41'29'38' 1-109.21' LDR O s w f o Al j F 1 h Parcel No. 734•!90 -0772 1.005 ACA 131 Macadam Rot d S. 'DR ,r vv :$:.89 rSt"�65 i 1 5 8952'15' 6 3,;.72' 7 S. 133rd Street Scale 1' 50 11 TOPOGRAPHIC SURVEY MAP for Mr. Barry Becker SS84 1UKWILA 4 RIO: 18.80 r NW: 8.10 IE 6' NE 7.69 1E 6' SE 7.59 1 A., C3 7 1 1 50 0 50 150 11 r DATA: 9-150.80' e- 5738'00 L- 152.5r LEGAL DESCRIPTION Parcel That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records of King County, Washington, lying north of South 133rd Street, east of 42nd Avenue South, and south of the south line of South 132nd Street; together with the west half of vacated 43rd Avenue South adjoining, and EXCEPT state highway right -of -way Parcel 8 That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of -way 50141 IUKWLA 1 R 18.97 IE E' MK 6.47 IE 8' NE: 6.47 10 8' SE: 6.42 VERTICAL DATUM: NAVD 1988 BENCHMARK: GP17005 -264 WSDOT BRASS DISK IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINLINE OF NB SR5 AND THE ON —RAMP FROM INTERURBAN AVE. ELEVATION 25.99 FEET. 11 SITE 4; CO CO A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T 23 N, R 4 E, W.M. King County, Washington Section 15, T 23 N, R 4 E Southgate i3W0 51. .1 Perk n e 0Pg. 44, DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map, and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Comprehensive Plan amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of the application to amend the Comprehensive Land Use Map designation, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be best served by approving the application to amend the Comprehensive Land Use Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. 1 Word Processing \Ordinances \Comp Plan Amend Macadam 1.doc RF:mrh 08/16/2010 Page 1 of 2 Attachment 2B 103 104 Section 2. Re- designation Approved. The property located at 4300 S. 133rd Street, including Tax Parcel #2613200131 and described in the attached Exhibit 2, is hereby approved to be re- designated from Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following: A. All requirements of the following contract rezone must be met including: 1. All code violation issues, including the conditions outlined in the Special Permission (File L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event that the above condition is not met by the deadline above, the Residential designation shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. B. In the event that the rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial /Light Industrial without further legislative action. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show this change in designation. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W Word Processing\ Ordinances \Comp Plan Amend Macadam 1.doc RFanrh 08/16/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number: Attachments: Exhibit 1 Findings and Conclusions, Planning Commission Staff Report (File #L09 -067 L10 -003) Exhibit 2 Legal Description Exhibit 3 Comprehensive Plan Map Page 2 of 2 W Word Processing\ Ordinances\ Comp Plan Amend Macadam 1.doc RF:mrh 08/13/2010 EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File L09 -067 and L10 -003) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) at 4300 S. 133 Street, Tukwila, WA (Parcel 261320 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perfoini work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The property is located on the corner of 44 Avenue South and S. 133 Street (4300 S. 133 Street). The property is bounded on three sides by S. 132 Street to the north, 44 Avenue South to the east, and S. 133 Street to the south. Macadam Road, to the west of the property, crosses over S. 133 via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single- family house located on the adjacent lot, also owned by the applicant, Page 1 of 6 105 106 immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally sensitive areas, including Southgate Creek, a Type 2 salmon- bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C /LI) zoning and uses, and Low Density Residential (LDR) zoning and single family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single family homes that are immediately west of the property, and across Macadam Road/43 Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40 Avenue South. COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The proposed Comprehensive Plan change from C /LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi family housing to be built. Four broad reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi family homes, including owner occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. W. \Word Processing \Ordinances \Comp Plan Amend Macadam 1.doc RF:mrh 08/13/2010 Page 2 of 6 Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi- family or single family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods, eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. This policy demonstrates the community's commitment to residential neighborhoods, including multi- family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial /light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial /Light Industrial on the east, and the Low Density Residential on the west. Goal 7.2 Noise Abatement Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. 2) Impacts MDR would allow housing on the now vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial/Light Industrial Zone. The proposed medium density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial/light industrial designation, would W Word Processing \Ordinances \Comp Plan Amend Macadam 1.doc RF:mrh 08/13/2010 Page 3 of 6 107 108 bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single- family homes. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and /or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C /LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C /LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job producing business on the site. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential and to provide housing in a stable neighborhood. The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. W \Word Processing\ Ordinances Comp Plan Amend Macadam 1.doc RF:mrh 08/13/2010 Page 4 of 6 Impacts? New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 2) Meeting identified public need? Other options? o Designating new Medium Density Residential provides the option of additional housing for the area. Housing could be provided by designating the property as Low Density Residential (LDR) Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue producing development. 3) Benefit to the community? The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. New development that enhances the site's environmental characteristics benefits the community. o The change to housing use, will remove the opportunity for a commercial/light industrial use. W. \Word Processing\ Ordinances\ Comp Plan Amend Macadam 1.doc RF:mrh 08/13/2010 Page 5 of 6 109 110 That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W Word Processing \Ordinances \Comp Plan Amend Macadam 1.doc RF:mrh 08/13/2010 EXHIBIT 2 Page 6 of 6 Proposed CL /I to MDR L09 -067 Comprehensive Plan amendment Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to i Medium Density Residential (MDR) Zoning Lines EXHIBIT 3 Macadam LLC 1'a400' 1- 112 RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL/LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long -term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Code and Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Zoning Code and Map amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved subject to contract. The property located at 4300 S. 133 Street, including Tax Parcel #2613200131 described in the attached Exhibit 2, and shown on the map as Exhibit 3, is hereby approved to be rezoned from W \Word Processing\ Ordinances \Comp Plan Amend Macadam 2.doc RFanrh 08 /16/2010 Page 1 of 2 Attachment 2C 113 114 Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following conditions, including: 1. All code violation issues, including the conditions outlined in the Special Permission (File L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. 3. In the event the rezone is voided, the Comprehensive Plan Medium Density Residential rezone shall revert to Commercial /Light Industrial without further legislative action. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official zoning map to show this change in zoning. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED• Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit 1 Exhibit 2 Exhibit 3 W: \Word Processing Ordinances \Comp Plan Amend Macadam 2.doc RF:mrh 08/16/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number: Findings and Conclusions, Planning Commission Staff Report (File #L10 -002), July 22, 2010 Legal Description Zoning Code Map Page 2 of 2 Backeround and Proiect Description The applicant, Barry Becker /Macadam LLC, is requesting to re- designate one vacant parcel from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) at 4300 S. 133 Street, Tukwila, WA (Parcel 261320- 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) Findings and Conclusions Planning Commission Staff Report (File L10 -002) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd EXHIBIT 1 The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill, and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perfoini work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code related work be complete by a date certain a condition of the change from Commercial /Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement are not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinitv /Site Information Site: The property is located on the corner of 44 Avenue South and S. 133 Street (4300 S. 133 Street). The property is bounded on three sides by S. 132 Street to the north, 44 Avenue South to the east, and S. 133 Street to the south. Macadam Road, to the west of the property, W. Word Processing \Ordinances \Comp Plan Amend Macadam 2.doc RF:mrh 08/13/2010 Page 1 of 5 115 116 crosses over S. 133 via a bridge. The 1.72 -acre site is vacant except for a wooden garage that is associated with the single- family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial /light industrial and residential uses. The majority of the subject property contains environmentally sensitive areas, including Southgate Creek, a Type 2 salmon bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C /LI) zoning and uses, and Low Density Residential (LDR) zoning and single family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single family homes that are immediately west of the property, and across Macadam Road/43 Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40 Avenue South. REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the Comprehensive Plan. Per the discussion of Comprehensive Plan Criteria (above), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: Plan Objective #1 —To improve and sustain residential neighborhood quality and livability; and Goal 3.1 Continue to provide the City's fair share of regional housing; and Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single and multi family households. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is "intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses... W Word Processing\ Ordinances Comp Plan Amend Macadam 2.doc RF:mrh 08/13/2010 Page 2 of 5 Multi- family duplex, triplex, four -plex units, townhouses up to four attached units, or detached zero -lot -line units are peiniitted with heights up to 30 feet. One detached single family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial/light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse, and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well suited to a carefully sited multi family residential development, or Planned Residential Development (PRD). 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located. In a broad sense, allowing additional, denser multi family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well designed multi family residential development would benefit the community more, than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety, and comfort through good design. Site specific development will be planned carefully to accommodate both site specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. 2) Consistency with Zone: The desired multi family residential zoning peimits a range of housing to be built, including duplex, tri-plex, four -plex, and townhouses. W Word Processing \Ordinances \Comp Plan Amend Macadam 2.doc RF:nuh 08/13/2010 Page 3 of 5 117 118 3) Changed conditions: Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: New housing development is in the community interest. Residential development that is sensitive to the site's environmental characteristics benefits the community. W \Word Processing\ Ordinances Comp Plan Amend Macadam 2.doc RF:mrh 08/13/2010 Page 4 of 5 LEGAL DESCRIPTION That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W Word Processing \Ordinances \Comp Plan Amend Macadam 2.doc RF:mrh 08/13/2010 EXHIBIT 2 Page 5 of 5 119 L09 -067 Comprehensive Plan amendment Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) C .;;2m Zoning Lines 1 n EXHIBIT 3 ft Macadam LLC r"_400' ZONING MAP ATTACHMENT 3 TUKWILA SOUTH ANNEXATION 121 HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: SEPA DETERMINATION: STAFF: ATTACHMENTS: STAFF REPORT TO THE PLANNING COMMISSION July 22, 2010 Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 L 10- 034(Rezone) City of Tukwila Establish underlying zoning in the Tukwila South Annexation area that is consistent with the Comprehensive Plan designation Tukwila South Annexation Area Approximately 259 acres generally located south of South 188 Street on the north; South 204 Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east.) Low Density Residential (LDR), Mixed Use Office (MUO), Tukwila Valley South (TVS) None Determination of Non significance (DNS), July 21, 2010 Rebecca Fox A. Application #L10- 034 Zoning Map Change B. Minutes —City Council Regular Meeting(July 6, 2010) C. Zoning map 1 2 2 Rf 1 08/18/2010 H: \COMP PLAN 2009- 2010\Planning.Commission \Tukwila South\ Final-- PC.Staff.Rpt.Tukwila.South.doc FINDINGS Background and Project Description The annexation of the Tukwila South Project Area in 2009 inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. Staff requests that this "housekeeping" matter be corrected through a zoning map change. No Comprehensive Plan amendment is required. This inconsistency and the need to correct it surfaced after the deadline for submitting Comprehensive Plan amendment/Rezone applications had passed. TMC 18.80.020.2 allows an emergency amendment to be filed after the standard application deadline to "Support the social, economic or environmental well -being of the City." In this case, correcting the establishing zoning will permit the City's zoning and Comprehensive Plan to be consistent as required. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included: 1) a development agreement with La Pianta setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235). Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement teiminates prior to the expiration of its teen. Reauirement for consistency between Comprehensive Plan land use map and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are supposed to be identical. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, an overlay zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic "underlying zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. Rf 2 08/18/2010 H:\COMP PLAN 2009- 2010\Planning Commission \Tukwila South\ Final-- PC.Staff.Rpt.Tukwila.South.doc 1 23 Issue: The City Attorney has indicated that the Annexation Ordinance 2241) established the Tukwila South overlay zone as the applicable zoning for the annexed area. An overlay is used to establish zoning under certain circumstances, but it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had an underlying zone, but the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map. In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233, The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: Tukwila South Annexation Area Approximately 259 acres in the southern portion of the Tukwila South project area, generally located south of South 188 Street on the north; South 204 Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east. FILE #L09 -002 ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan The Washington State Growth Management Act (1990) requires that the City of Tukwila adopt development regulations including zoning that are consistent with and implement the Comprehensive Plan. The proposed rezone adopts zoning in the Tukwila South Annexation Area This action makes zoning in the Tukwila South Annexation Area consistent with established Comprehensive Plan, as required by Ordinance #1758. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. The proposed amendment to the zoning map establishes zoning in an area that was annexed without underlying zoning, and makes the new zoning consistent with established Comprehensive Plan designations. The current Comprehensive Plan designation and the proposed underlying zoning in the 1 2 4 Rf 3 08/18/2010 H: \COMP PLAN 2009- 2010\Planning.Commission \Tukwila South\ Final-- PC.Staff Rpt.Tukwila.South.doc Tukwila South Annexation Area are: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Conditions have changed because the subject area was recently annexed into the City of Tukwila, and through oversight, did not receive zoning that is consistent with the pre- existing Comprehensive Plan designation. Comprehensive Plan designations were established when the area was in Tukwila's Potential Annexation Area (PAA) and was still under King County's jurisdiction. Inadvertently, zoning that is consistent with these Comprehensive Plan designations was not adopted at the time of its annexation to Tukwila. Instead, a supplemental zoning overlay "Tukwila South Overlay District was established as the zoning for the entire Tukwila South project area, including the newly annexed area. The proposed rezone corrects this error. 4. The proposed amendment to the Zoning Map will be in the interest and furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located The Zoning map and Comprehensive Land Use Plan map categories must be the same. This map change makes underlying zoning for recently annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area, as is required. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: Comprehensive Plan and zoning classifications must be consistent. Adopting Low Density Residential (LDR), Mixed Used Office (MUO) and Tukwila Valley South (TVS) zoning in the Tukwila South annexation area will make zoning consistent with the existing Comprehensive Plan designations as required. 2) Consistency with Zone: The proposed zoning is the same as the existing Comprehensive Plan designation. There is no change. 3) Changed conditions: The Tukwila South Annexation Area recently became part of the City of Tukwila without establishing underlying zoning being established that is in line with the existing Comprehensive Plan designations. Rf 4 08/18/2010 H: \COMP PLAN 2009- 2010\Planning.Commission \Tukwila South\ Final-- PC.Staff.Rpt.Tukwila.South.doc 125 126 Although supplemental zoning and development regulations were established "Tukwila South Overlay District underlying zoning is still required. 4) Community interest: Zoning that is consistent with the Comprehensive Plan is a requirement of the Washington Growth Management Act, and Tukwila Ordinance #1750 that adopts the Zoning Code. ZONING RECOMMENDATION: Recommendation: Staff recommends the following to correct the inconsistency: Establish "underlying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. Rf 5 08/18/2010 H: \COMP PLAN 2009- 2010\Planning.Commission \Tukwila South\ Final-- PC.Staff.Rpt.Tukwila.South.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING ZONING THAT IS CONSISTENT WITH EXISTING COMPREHENSIVE PLAN DESIGNATIONS FOR 259 ACRES OF REAL PROPERTY REFERRED TO AS THE TUKWILA SOUTH ANNEXATION AREA PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long -term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Zoning Map amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation, and WHEREAS, notices of public meetings and public hearings were published in The Seattle Tinzes, posted on site, and mailed to surrounding properties; and WHEREAS, the Comprehensive Plan and zoning designations must be the same; and WHEREAS, upon its annexation to Tukwila, the Tukwila South Annexation Area had Comprehensive Plan designations of Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS), but did not receive zoning that is consistent with the Comprehensive Plan designations; and WHEREAS, this created an inconsistency between the Comprehensive Plan designation and the zoning classification, and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ordinances \Zoning Map Amend TUKWILA SOOTH.doc RF:mrh 08/16 /2010 Page 1 of 2 Attachment 3B 127 128 Section 1. Findings and Conclusions Adopted. The City Council hereby adopts Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Zoning Established. The property located south of South 188th Street on the north, South 204th Street on the south, Orillia Road and Interstate 5 on the west; and the Green River on the east including the following: PARCEL #352304 -9050, #352304 -9078, #352304 -9041, #352304 -9117, #022204 -9037, #022204 -9040, #022204 -9033, #352304 -9016, #022204 -9008, #352304 -9066, #352304 -9065, #022204 -9043, #022204 -9057, #032204 -9047, #023900 -0352, #032204 -9100, #032204 -9106, #032204 -9006, #032204 -9090, #022204 -9011, #022204 -9015, #032204 -9092, #032204 -9093, #032204 -9056, #032204 -9052, #022204 -9036, #022204 -9061, #032204 -9062, #032204 -9049, as described in the attached Exhibit 2 and shown on the map as Exhibit 3, is hereby approved to be zoned as Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS) as consistent with the existing Comprehensive Plan designation and as shown on Exhibit 4. Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official zoning map to show this change in zoning. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit 1 Findings and Conclusions, Planning Commission Staff Report (File #L10 -034), July 22, 2010 Exhibit 2 Legal Description Exhibit 3 Zoning Map Exhibit 4 Comprehensive Plan Designations Map W \Word Processing \Ordinances \Zoning Map Amend TUKWILA SOUTH.doc RF:inrh 08/16/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 Findings and Conclusions #L10 -034) July 22, 2010 Establish zoning in Tukwila South Annexation Area EXHIBIT 1 Background and Project Description The annexation of the Tukwila South Project Area in 2009 inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. Staff requests that this "housekeeping" matter be corrected through a zoning map change. No Comprehensive Plan amendment is required. This inconsistency and the need to correct it surfaced after the deadline for submitting Comprehensive Plan amendment /Rezone applications had passed. TMC 18.80.020.2 allows an emergency amendment to be filed after the standard application deadline to "Support the social, economic or environmental well -being of the City." In this case, correcting the establishing zoning will permit the City's zoning and Comprehensive Plan to be consistent as required. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included: 1) a development agreement with La Pianta, Inc. setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235). Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use man and zoning man: Tukwila's Comprehensive Plan land use map and its zoning map are supposed to be identical. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, an overlay zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic "underlying zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. Issue: The City Attorney has indicated that the Annexation Ordinance 2241) established the Tukwila South overlay zone as the applicable zoning for the annexed area. An overlay is used to establish zoning under certain circumstances, but it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. W \Word Processing\ Ordinances\ Zoning Map Amend-- TUKWILA SOUTH.doc RF:mrh 08/13/2010 Page 1 of 3 129 130 The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had an underlying zone, but the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map. In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233, The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinitv /Site Information Site: Tukwila South Annexation Area Approximately 259 acres in the southern portion of the Tukwila South project area, generally located south South 188 Street on the north; South 204 Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east. FILE #L09 -002 ZONING MAP AMENDMENT /REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan The Washington State Growth Management Act (1990)requires that the City of Tukwila adopt development regulations including zoning that are consistent with and implement the Comprehensive Plan. The proposed rezone adopts zoning in the Tukwila South Annexation Area This action makes zoning in the Tukwila South Annexation Area consistent with established Comprehensive Plan, as required by Ordinance #1758. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. The proposed amendment to the zoning map establishes zoning in an area that was annexed without underlying zoning, and makes the new zoning consistent with established Comprehensive Plan designations. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). 1 There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Conditions have changed because the subject area was recently annexed into the City of Tukwila, and through oversight, did not receive zoning that is consistent with the pre- existing Comprehensive Plan designation. W Word Processing\ Ordinances Zoning Map Amend-- TUKWILA SOUTH.doc RF:mrh 08/13/2010 Page 2 of 3 Comprehensive Plan designations were established when the area was in Tukwila's Potential Annexation Area (PAA) and was still under King County's jurisdiction. Inadvertently, zoning that is consistent with these Comprehensive Plan designations was not adopted at the time of its annexation to Tukwila. Instead, a supplemental zoning overlay "Tukwila South Overlay District was established as the zoning for the entire Tukwila South project area, including the newly annexed area. The proposed rezone corrects this error. 4. The proposed amendment to the Zoning Map will be in the interest and furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located The Zoning map and Comprehensive Land Use Plan map categories must be the same. This map change makes underlying zoning for recently annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area, as is required. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: Comprehensive Plan and zoning classifications must be consistent. Adopting Low Density Residential (LDR), Mixed Used Office (MUO) and Tukwila Valley South (TVS) zoning in the Tukwila South annexation area will make zoning consistent with the existing Comprehensive Plan designations as required. 2) Consistency with Zone: The proposed zoning is the same as the existing Comprehensive Plan designation. There is no change. 3) Changed conditions: The Tukwila South Annexation Area recently became part of the City of Tukwila without establishing underlying zoning being established that is in line with the existing Comprehensive Plan designations. Although supplemental zoning and development regulations were established "Tukwila South Overlay District underlying zoning is still required. Community interest: Zoning that is consistent with the Comprehensive Plan is a requirement of the Washington Growth Management Act, and Tukwila Ordinance #1750 that adopts the Zoning Code. W \Word Processing \Ordinances \Zoning Map Amend-- TUKWILA SOUTH.doc RF:mrh 08/13/2010 Page 3 of 3 131 132 PARCEL 352304 -9050: LEGAL DESCRIPTION OF THE ANNEXED PROPERTY Exhibit 2 THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTII 05 °44' 13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87 °57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGIIT- OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57'17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36 -00; THENCE SOUTH 82 °46'30" WEST 59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134,83 FEET TO TIIE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9041: THAT PORTION OF THE SOUTHWEST %4 OF THE SOUTHWEST 1/4 AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474 00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54 25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9117: THAT PORTION OF THE SOUTHEAST 'A OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS• BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40 00 FEET WIDE); THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50 00 133 134 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET; THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28" EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100 00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 `FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING, EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HER.EINABOVE DESCRIBED, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS• BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181 50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTIIERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140 14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M,, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40" EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY 135 136 RIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9008: THAT PORTION OF THE NORTHWEST 'A OF THE NORTHWEST 'A OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF TIIE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASI- HNGTON. PARCEL 352304 -9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188T1--I STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9065: THAT PORTION OF THE SOUTHWEST 1/4 OF TIIE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH 15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 9043: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS• BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320 85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 1 /4 OF THE NORTHWEST'/ OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS• BEGINNING AT 137 138 THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTIJ 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 9047: THAT PORTION OF THE NORTHEAST'' /4 OF THE NORTHEAST 1/4 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO, 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 9106: A PORTION OF THE WEST V2 OF THE NORTHWEST'/ OF SECTION 2 AND THE EAST V2 OF THE NORTHEAST OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE P.ARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTII 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL 023900 0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST'/ OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND 139 140 EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9006: THE SOUTHEAST 1/4 OF THE NORTHEAST OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT OF -WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1 /4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93 58 FEET TO A POINT ON A NON TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT OF -WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROAD WAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT 141 142 THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF TIIE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00 °30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00 °25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89 °40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00 °30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9092: THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST'/ OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE SOUTPI LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST %4; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9093: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822 5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST Y OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD, THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHI LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527 5 FEET SOUTH AND 1,184 5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL 032204 9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M DESCRIBED AS FOLLOWS: 143 144 BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTHH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH .58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST 68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH 49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO TIIE SOUTHWEST 93.58 FEET TO A POINT ON A NON TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY, FOR TIIE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG TIIE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH 27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET; THENCE SOUTH 51 °58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; 145 146 PARCEL B: THAT PORTION OF TIIE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overllays and Sub Areas Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District zoning EXHIBIT 3 T r CCorp o rate Dr N Blvd a I Corporate Dr S Establish Tukwila South Annexation Area Zoning GIS Tukwila 1"..3 MMES H:\PLANNING \Comp Plan Zone Amend \2010 com_zone amend\Estab Tuk south overlay dist letter line.mxd Legend 03 LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas 0 ®a Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District COMPREHENSIVE PLAN DESIGNATIONS EXHIBIT 4 CH C Co)porate Dr N 5 Blvd o Corporate Dr S GIS Tukwila Establish Tukwila South Annexation Area Zoningit N P'. 3 MILES H:IPUWNING1Comp Plan Zone Amend12010 com_zone amendlEstab Tuk south overlay dist letter line.mxd COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes August 23, 2010 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Staff: Guests: I. PRESENTATIONS No presentations. City of Tukwila Community Affairs and Parks Committee Joe Duffie, Chair; Joan Hernandez and Verna Seal Bob Giberson, Jack Pace, Rebecca Fox, Pat Brodin, Steve Lancaster and Kimberly Matej Louis Jones —Brown (Tukwila Historical Society), Frank Fermani (Wooden III, LLC) and Chuck Parrish (resident) CALL TO ORDER: Committee Chair Duffle called the meeting to order at 4:58 p.m. II. BUSINESS AGENDA A. Renewal of Gambline Moratorium Staff is requesting Council approval to renew a moratorium on establishments conducting social card game gambling activities. The City Council originally passed a six month moratorium on March 22, 2010, which is set to expire on September 22, 2010. Due to draft legislation currently being worked on at the state level, staff is seeking renewal of the moratorium for an additional six months. A public hearing will be set for September 13, 2010. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION AND PUBLIC HEARING. B. Comprehensive Plan Amendments Staff is seeking full Council approval to amend the City's Comprehensive Plan as well as relative Zoning Code amendments. On July 6, the City Council approved the forwarding of three Comprehensive Plan amendments (two public, one City) to the Planning Commission for review, consideration and recommendation. Three applications have been submitted for the City's consideration as described below followed by the Planning Commission's recommendation: An application to redesignate and rezone two lots /properties located in the vicinity of 3914 South 115 Street from Manufacturing/Industrial Center Light (MIC /L) and Low Density Residential (LDR) to Office (0). The properties total 0.36 acres. Planning Commission Recommendation: Deny application for Comprehensive Plan amendment; and deny application for re -zone. Committee Member Seal expressed an interest in reconsideration of staff's original recommendation to approve this application. She discussed the current downturned economy and the potential for this change as a positive addition to the community. She is in support of staff reasons for approval as discussed in the relevant staff report (see Attachment 1, beginning on page 27 of the Committee agenda packet). Committee Chair Duffle concurred that he would support a discussion of reconsideration. Committee Member Hernandez stated that she is not ready to make a recommendation for this item as she prefers to hear public hearing comments first. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION PUBLIC HEARING. 149 150 Community Affairs Parks Committee Minutes August 23. 2010 Paae 2 An application to redesignate and rezone one property located at 4300 South 133` Street from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR). The lot is approximately 1.75 acres, and the applicant seeks to construct housing. Planning Commission Recommendation: Approve Comprehensive Plan amendment and re -zone under the conditions that all remediation and enhancement for sensitive areas are met no later than December 31, 2010. If conditions are not met, the re -zone will revert back to the previous zoning without further legislative action. Applicant is aware of and agrees to conditions. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION PUBLIC HEARING. Application from the City to establish underlying zoning for the Tukwila South Annexation area (owner is aware of need for underlying zone, and has no objection). Establishes Mixed Use Office (MUO), Low Density Residential (LDR) and Tukwila South zoning, correcting the current inconsistency between the Comprehensive Plan Land Use Map and the Zoning Map. Planning Commission Recommendation: Approve re -zone. Establish underlying zoning to reflect consistency in Comprehensive Plan Land Use Map and the Zoning Map FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION PUBLIC HEARING. Committee Member Hernandez mentioned that she is not comfortable with providing a recommendation for any item above until she hears public hearing comments. C. Recommendation for Use of City Property Staff is seeking Council approval of a draft resolution which supports use of the building located at 14475 59 Avenue South (most recently utilized as the Tukwila Library) by the Tukwila Historical Society for the storage and display of collections and other appropriate artifacts as related to Tukwila's history. Mr. Lancaster confirmed that an evaluation was conducted for the usefulness of the above building related to City departments. No specific City use has been identified, and staff has recommended making the building available for community use as appropriate (see Finance Safely Committee minutes dated August 17, 2010, and Committee of the Whole agenda packet for the August 23, 2010, meeting). As mentioned above, the draft resolution indicates the Historical Society will be granted use of the building, will be allowed to secure funding to meet building and fire code requirements, and authorizes the Mayor to enter into a no -cost lease agreement, with the intention that the lease would be extended based on successful establishment of the proposed heritage and cultural center. Currently, the draft resolution states the lease will be three -years in duration; however, based on a brief discussion at the Committee, Administration is willing to reconsider the length of the lease based on Council preference. Committee Member Seal inquired about the draft resolution reference to the City continuing to provide utilities and general maintenance to /for the building. Staff will provide information regarding the historical costs of the utilities and general maintenance when this item comes forward to COW. Committee Chair Duffle asked about the time constraints, if any, related to Council action on this resolution and the 4Culture grant application being submitted by the Tukwila Historical Society. Louis Jones -Brown responded that the grant is due to 4Culture on October 13, 2010, and the current Council process should allow ample time to submit background paper work as required by the grant application. The Committee was supportive of the resolution and development of the Tukwila Heritage and Culture Center. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION. D. 2010 Parks Recreation Programs: Parks Update This item was removed from the agenda. CAS NUMBER: 10-092 AGI.NDA ITEM TITLE Recommendation for use of City Property RI WI] WED BY Fund Source: Connments Cow Mtg. ILI Utilities Cmte EXPENDITURE REQUIRED $0.00 COUNCIL AGENDA SYNOPSIS Inztzals Meetzng Date Prepared by I Nierforeview I ,.Council review I 08/23/10 SL 1 I 09/13/10 SL 1 09/20/10 SL C. \'I'liGORY Discussion Motion Resolution Ordinance BidAavard I I Public Hearing Other Mtg Date 8- 23 -9/1 Mtg Date Mtg Date 09/20/10 Mtg Date ITEM INFORMATION !ORIGINAL AGENDA DATE: AUGUST 23, 2010 1S1) Council Mayor Adm Svcs DCD n Finance Fire Legal P&'R n Police PW SPONSOR'S SUMMARY The Old City Hall /former library building at 14475 59 Ave S is located on a large parcel that includes Fire Station 52 and Hazelnut Park. Since the building is listed on the National Historic Register and the overall lot is zoned Low Density Residential (LDR), building use is conditional and limited. Staff recommends that this building be made available for lease to the Tukwila Historical Society for use as a center for Heritage and Culture. CA &P Cmte Arts Comm. AMOUNT BUDGETED $0.00 F &S Cmte Parks Comm. COST IMPACT FUND SOURCE MTG. DATE 1 RECORD OF COUNCIL ACTION 08/23/10 Forward to Committee of the Whole meeting of 9/13/10 ITEM NO. C Mtg Date Mtg Date Mtg Date II DATE: FS 08/17/10 9/8/10 and CAP 8/23/10 RECOMMENDATIONS: SPONSOR /ADMIN. Consider community use COMMITTEE Forward to Committee of the Whole for Discussion Transportation Cmte U Planning Comm. APPROPRIATION REQUIRED $0.00 MTG. DATE ATTACHMENTS 08/23/10 Informational Memorandum dated 08/19/10, with attachments Informational Memorandum dated 08/11/10, with attachments Minutes from the April 19 and April 26, 2010 Council meetings Minutes from the Finance Safety Committee meeting of 08/17/10 9/13/10 Informational Memorandum dated 8/17/10, with attachments Resolution in draft form Minutes from the FS meetings of 8/17/10 9/8/10 and CAP meeting of 8/23/10 151 152 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton COMMUNITY AFFAIRS AND PARKS COMMITTEE FROM: Steve Lancaster, City Administrator DATE: August 17, 2010 SUBJECT: Proposed Tukwila Center for Heritage Culture at 14475 59 Ave. S. (REVISED following 8 -23 -10 CAP Meeting) ISSUE This proposal relates to the preservation, protection, and use of the former Tukwila Grade School /Tukwila City Hall building by converting the facility into a center to display historical collections to safeguard Tukwila's heritage and strengthen City tourism. BACKGROUND Jim Haggerton, Mayor A presentation for the proposed use of the former Tukwila Grade School/Tukwila City Hall to display community history was brought before the City Council on April 19, 2010 by the Tukwila Historical Society. The building served as a library until March 1, 2010. Council discussions regarding potential surplus properties on April 26, 2010 resulted in this property being removed from consideration for future sale. At the Finance and Safety Committee meeting on August 17, 2010, the Committee agreed with staff's assessment that the building should be made available for community use. The former Tukwila City Hall is a registered national historic structure. The Tukwila Historical Society is asking the City to consider use of this facility as a center for heritage and culture in South King County at no cost to the City, other than utilities and general maintenance including custodial service and small repairs. At the August 23, 2010 Community Affairs and Parks Committee (CAP) meeting, the Committee requested that staff provide an estimate of these costs. We have reviewed our records covering 2009 costs. Estimated City costs for 2009 (when the building was operated as a public library) were as follows: Custodial Serves and Minor Repairs $2,000 per month Utilities $300 per month We would expect these costs to be considerably less in the early periods of the proposed lease with the Tukwila Historical Society due to reduced operating hours compared to the former library. CAP members also expressed interest in offering a five -year rather than a three -year lease (this topic was also discussed by the Finance and Safety Committee at an "information only" briefing at its September 8, 2010 meeting). Staff has contacted representatives of 4- Culture, the funding agency that Tukwila Historical Society is working with. Eric Taylor of 4- Culture indicated that a five year lease with the possibility of renewal would be preferable to a three -year lease. 153 INFORMATIONAL MEMO Page 2 DISCUSSION The mission of the Tukwila Historical Society is to enhance the historic place our community holds in the Pacific Northwest by collecting, preserving and sharing the historical, archaeological and ethnological records that pertain to Tukwila, the Duwamish River Valley, and the Puget Sound Region. The Tukwila Historical Society, a 501(c)(3) non profit organization, has the capability to apply for grants ensuring needed improvements can be done at no cost to the City. A building inspection and conditional assessment report was completed. The Society requests the opportunity to assess the feasibility to display collections of historical significance but time is of the essence. A grant submittal to 4- Culture is due by October 13 2010 but requires an authorized lease from the City. The attached draft Resolution would authorize the Mayor to enter into a no -cost lease of the building to the Tukwila Historical Society for a period of three years, with the intent to renew and extend the lease upon successful establishment of the proposed heritage and cultural center. RECOMMENDATION The Committee is being asked to forward the attached resolution to the September 13, 2010 Committee of the Whole meeting for consideration and the subsequent September 20, 2010 Regular Meeting for adoption. Staff recommends that the Committee of the Whole and Council consider revising the Resolution to allow for a five year lease with opportunity for extension. ATTACHMENTS Resolution in draft form 15 4 W InfoMemos101d City Hall 9- 13- 10SECOND.doc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE PRESERVATION, PROTECTION AND USE OF THE FORMER TUKWILA GRADE SCHOOL/TUKWILA CITY HALL BUILDING FOR HERITAGE AND CULTURE TO PROVIDE COMMUNITY SERVICE, STRENGTHEN CITY TOURISM, AND FOSTER CIVIC PRIDE. WHEREAS, the City of Tukwila recognizes the intrinsic significance of its local history to the rich legacy of the Duwamish River Valley, and its historic and geographic prominence in King County and the Puget Sound Region; and WHEREAS, the City of Tukwila owns the building and property at 14475 59th Avenue South, which housed the Tukwila Grade School from 1920 to 1946, served as Tukwila City Hall from 1947 to 1978, was utilized as a City Hall Annex from 1978 to 1982 and as a local King County library between 1982 and 2010; and WHEREAS, the former Tukwila Grade School /Tukwila City Hall building was entered into the National Register of Historic Places in December 1979; and WHEREAS, the City of Tukwila seeks to perpetuate its local history, as outlined in the award winning history book, "Tukwila Community at the Crossroads," which contains many references to this historic building; and WHEREAS, the Tukwila Historical Society, a Iocal 501(c)(3) organization, proposes to utilize the former Tukwila Grade School /Tukwila City Hall building to enhance the historical place our community holds in the Pacific Northwest by collecting, preserving and displaying collections, artifacts and digital information pertaining to Tukwila's past, and to be an educational resource for future generations; and WHEREAS, the proposal outlines a funding mechanism and strategic plan to rename this historic building the "Tukwila Heritage and Cultural Center," serving the community with educational displays, events and exhibits relating to heritage, culture and the arts; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: SECTION 1. In order to safeguard the heritage of the City, the Tukwila Historical Society will use the historic building at 14475 59th Avenue South as their center of operations to store and display archives and collections The Tukwila Historical Society will be allowed to secure funding, grants and private contributions to move forward with improvements to meet building and fire code requirements. The proposed improvements may include, but are not limited to, lighting, security, sanitary and other interior upgrades appropriate for community use. The City will continue to provide utilities and general maintenance including custodial service and small repairs. Capital improvements must follow the guidelines of both state and national covenants related to historic landmarks. SECTION 2. The Mayor is hereby authorized to enter into a no -cost lease with the Tukwila Historical Society for the building located at 14475 59th Avenue South, Tukwila, Washington, for the purposes and subject to the terms described by Section 1, above, and in consideration of the benefits to the City and community as expressed by this resolution, as well as the improvements described herein. The initial term of the lease shall be for three (3) years. It is the intent of the City Council that the lease will be extended for an additional period or periods of time upon successful completion of necessary improvements and establishment of the proposed heritage and cultural center W\ Word Processing Resolutions \Old City Hall Resolulion.docx SL:mrh DRAFT Page 1 of 2 155 156 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney W Word Processing \Resolutions \Old City Hall Resolution.docx SL:mrh Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 2 Finance Safety Committee Minutes August 17, 2010 Page 2 B. Voluntary Separation Program Staff is seeking Council approval of a draft resolution that approves and adopts a Voluntary Separation Program for the City including the draft program description, agreement for voluntary separation, and notice of revocation. The Voluntary Separation program is not a savings strategy, but is intended as an option for employee consideration in lieu of potential layoffs due to the City's current budget crisis. Staff explained briefly that employees will have a 30 -day window to review and apply for the program, and an additional 45 -day period for the employee to review and revoke their decision, as determined by the employee. Decisions regarding positions eligible for participation in the voluntary separation program will be determined by the City, and will be based on the likeliness that the position will not be filled in the foreseeable future. Staff noted that the separation incentives increase as employee longevity increases. Potential savings would be based on participants. The City Attorney has reviewed the proposed program. Due to time constraints involved with the employee review timeline as outlined above, staff is requesting this item go forward to the August 23 COW and the Special Meeting immediately following. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. C. Potential Surplus Citv Properties Based on the request of the Council made at the April 26 Committee of the Whole meeting, staff has been researching potential opportunities for revenue generation based on the sale of surplus property currently owned by the City. Staff has completed evaluation of the property that currently houses the former Tukwila Library/City Hall building. Since this building is located on a single parcel that also houses Fire Station No. 52 and Hazelnut Park, consideration to surplus the land would require a short-plat, re- zoning, and Council review and approval. Additionally, the building is listed with National Historic Register which limits its use potential. High -level appraisal and evaluation, has led staff to recommend the City retain ownership of above mentioned property, and seek out the best possible use for this section of property and building for the community. The Committee was informed that the Tukwila Historical Society has an interest in utilizing the former Tukwila Library/City Hall building and would like to come forward to the City Council requesting permission for use. Based on tonight's Committee discussion and recommendation, and in consideration of the continuity and pattern of decision making, Committee Chair Quinn stated that it would be most appropriate for the Tukwila Historical Society request to be heard by the Finance Safety Committee. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. D. Microsoft Enterprise Licensing and VoIP Telephone System Staff is seeking Council approval to utilize funds associated with the recent issuance of limited tax general obligation bonds for the purchase of emergency response capital equipment (see Council minutes dated July 19, 2010), specifically for the procurement of a Voice over Internet Protocol (VoIP) Telephone System and a City -wide Microsoft Enterprise license. Mary Miotke began her presentation by providing new and clarifying information to the Committee which was made available after submission of the original memo: 6 Clarification was made of the funding source as noted above; staff is not requesting additional funding for these purchases. a Specific and accurate pricing is now available for the hardware requirements to implement these systems, and it reflects any savings, as appropriate. An item was added to the hardware category reflected as legal compliance for e -mail archiving. 157 FINANCE AND SAFETY COMMITTEE Meeting Minutes September 8, 2010 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: De'Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy Staff: Shawn Hunstock, Peggy McCarthy, Don Lincoln, Lavern Peterson, Steve Lancaster and Kimberly Matej CALL TO ORDER: Chair Quinn called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. City of Tukwila Finance and Safety Committee II. BUSINESS AGENDA A. Ordinance: False Alarm Fines Police Department staff is seeking Council approval of an ordinance that would amend the Tukwila Municipal Code regarding False Alarm Fines. Currently, two false alarms are allowed per calendar year at no charge. A third and any subsequent false alarms are charged at $25.00 per false alarm. The draft ordinance proposes the fine amount be raised to $75.00 per false alarm response. Assistant Chief Lincoln reported that the Police Department invoiced for 376 false alarms in 2009, at a cost of $25.00 per false alarm totaling $9,400. The increase to $75.00 would have resulted in an invoiced amount of $28,200. In response to this information, Committee Chair Quinn requested that the number of false alarm invoices be provided for the past five years so that the Committee can view the false alarm call history. The Committee expressed an interest in exploring this item further and considering different fines assessments including, but not limited to: alarm permitting, residential versus non residential and graduated fines. Assistant Chief Lincoln briefly discussed the false fines in surrounding jurisdictions, and the Committee requested a presentation of false alarm fine comparisons to other jurisdictions. After discussion, Committee members requested this item return to Committee with additional alternatives to assess false alarm fees as discussed above. Staff confirmed there is no significant time frame in which this item needs to be considered. RETURN TO A FUTURE FINANCE AND SAFETY COMMITTEE MEETING. B. Resolution: Cancellation of Past Due Outstanding Warrants Staff is seeking approval of an annual resolution writing -off unredeemed and outstanding items which will be reported to the Washington State Department of Revenue by November 1, 2010. This includes the cancellation of outstanding General Fund Claims and Payroll Checks, Municipal Court Checks and Foster Golf Gift Cards. This year's cancellations total $6,845.70. All cancellations will be remitted to the Washington State Department of Revenue Unclaimed Property Section. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 13 COW. C. Recommendation for Use of City Prop erty s an information only item, staff is briefing the Committee on a draft resolution which supports use of the building located at 14475 59 Avenue South (most recently utilized as the Tukwila Library) by the Tukwila Historical Society for the storage and display of collections and other appropriate artifacts as related to Tukwila's history. This item was forwarded with unanimous approval by the Community 1 5 8 Affairs Parks Committee to the September 13 COW for discussion. Finance Safety Committee Minutes September 8. 2010 Pale 2 The draft resolution indicates the Historical Society will be granted use of the building, will be allowed to secure funding to meet building and fire code requirements, and authorizes the Mayor to enter into a no- cost lease agreement, with the intention that the lease would be extended based on successful establishment of the proposed heritage and cultural center. Currently, the draft resolution states the initial lease of the lease to be three -years in duration. Steve Lancaster mentioned that the Community Affairs Parks Committee identified two areas for further discussion in the resolution, the cost item of providing utilities and general maintenance and the three -year term of the lease. Steve reported that when the building was operating as a library, utilities and general maintenance costs were approximately $28,000 annually (general maintenance $2,000 per month/ $24,000 annually; surface water $725 annually; alarm monitoring $540 annually; water and sewer $900 annually; and approximately $1,800 annually for power). Staff anticipates this annual expenditure to be considerably lower in the early years of the Tukwila Historical Society's use of the building due to operating less than seven days per week. At the request of the Community Affairs Parks Committee, this information will be reported out at the September 13 COW. Committee Chair Quinn requested that staff check with 4Culture to see if the grant the Tukwila Historical Society is applying for requires for a minimum time for a lease agreement. INFORMATION ONLY. D. Ouarterlv Cash Investment Report As an information only item, staff provided the quarterly update to the Committee regarding investment reports relative to the requirements set forth by Finance Policy 03 -17. Peggy McCarthy walked the Committee through the information and report schedules presented in the agenda packet regarding the City's investments. Since the last quarterly update, one $1,000,000 certificate of deposit has matured at a rate of 1.68 and a $2,000,000 agency note was purchased. Rates are still considerably low. All funds are relatively stable, with the exception of the General Fund which declined in March, but continues to increase and show stability. Staff commented that the City's revised investment policy has been submitted to the Washington Municipal Treasurers Association for certification. There is no indication when the Association may complete their review; however, once complete, staff will return to Committee for formal review and discussion with recommended action to full Council. INFORMATION ONLY. E. Sales Tax Report Shawn Hunstock reviewed sales tax revenue through June 30, 2010. Receipts for June continued to be below budget estimates; however, receipts were up from the same time period last year +2.47 The City received a streamlined sales tax mitigation payment in the amount of $311,098.16 which is included in the sales receipts totals. Mitigation payments are received quarterly with the next payment scheduled to be received on September 30, 2010. Shawn stated that the sales tax receipts estimates for 2011 will reflect no more than the 2009 actual sales tax receipts for 2011. INFORMATION ONLY. III. MISCELLANEOUS Committee Member Ekberg inquired if there was any updated information available regarding the status of crime statistics /reporting mechanisms. Assistant Chief Lincoln will be looking into providing a demonstration of reporting software that may be of interest to the Council. The full Council will need to determine the priority of such a purchase. Meeting adjourned at 6:24 p.m. Next meeting: Tuesday, September 21, 2010 5:00 p.m. Conf Room #3 Committee Chair Approval Minutes by KAM. Reviewed by SH and SL. 159 160 Community Affairs Parks Committee Minutes August 23. 2010 Pape 2 An application to redesignate and rezone one property located at 4300 South 133` Street from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR). The lot is approximately 1.75 acres, and the applicant seeks to construct housing. Planning Commission Recommendation: Approve Comprehensive Plan amendment and re -zone under the conditions that all remediation and enhancement for sensitive areas are met no later than December 31, 2010. If conditions are not met, the re -zone will revert back to the previous zoning without further legislative action. Applicant is aware of and agrees to conditions. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION PUBLIC HEARING. Application from the City to establish underlying zoning for the Tukwila South Annexation area (owner is aware of need for underlying zone, and has no objection). Establishes Mixed Use Office (MUO), Low Density Residential (LDR) and Tukwila South zoning, correcting the current inconsistency between the Comprehensive Plan Land Use Map and the Zoning Map. Planning Commission Recommendation: Approve re -zone. Establish underlying zoning to reflect consistency in Comprehensive Plan Land Use Map and the Zoning Map FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION PUBLIC HEARING. Committee Member Hernandez mentioned that she is not comfortable with providing a recommendation for any item above until she hears public hearing comments. C. Recommendation for Use of City Property Staff is seeking Council approval of a draft resolution which supports use of the building located at 14475 59 Avenue South (most recently utilized as the Tukwila Library) by the Tukwila Historical Society for the storage and display of collections and other appropriate artifacts as related to Tukwila's history. Mr. Lancaster confirmed that an evaluation was conducted for the usefulness of the above building related to City departments. No specific City use has been identified, and staff has recommended making the building available for community use as appropriate (see Finance Safety Committee minutes dated August 17, 2010, and Committee of the Whole agenda packet for the August 23, 2010, meeting). As mentioned above, the draft resolution indicates the Historical Society will be granted use of the building, will be allowed to secure funding to meet building and fire code requirements, and authorizes the Mayor to enter into a no -cost lease agreement, with the intention that the lease would be extended based on successful establishment of the proposed heritage and cultural center. Currently, the draft resolution states the lease will be three -years in duration; however, based on a brief discussion at the Committee, Administration is willing to reconsider the length of the lease based on Council preference. Committee Member Seal inquired about the draft resolution reference to the City continuing to provide utilities and general maintenance to /for the building. Staff will provide information regarding the historical costs of the utilities and general maintenance when this item comes forward to COW. Committee Chair Duffle asked about the time constraints, if any, related to Council action on this resolution and the 4Culture grant application being submitted by the Tukwila Historical Society. Louis Jones -Brown responded that the grant is due to 4Culture on October 13, 2010, and the current Council process should allow ample time to submit background paper work as required by the grant application. The Committee was supportive of the resolution and development of the Tukwila Heritage and Culture Center. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION. D. 2010 Parks Recreation Programs: Parks Update This item was removed from the agenda. CAS NUMBER: 10-101 CA 1 EGORY Discussion Motion Resolution Ordinance Al tg Date 09/13/10 Mtg Date 09/20/10 Mtg Date Mtg Date SPONSOR'S SUMMARY MTG. DATE 09/13/10 09/20/10 MTG. DATE 09/13/10 09/20/10 COUNCIL AGENDA SYNOPSIS IVleetzng Date 09/13/10 09/20/10 ,.dared by 'PA9BG BG I 1 Inztzals Mayyr= eveezv 7 ITEM INFORMATION I ORIGINAL AGENDA DALE: SEPTEMBER 13, 2010 AGENDA ITEM TITLE Tukwila 205 Levee Repair Lily Pointe Easement Interest Payment per the Real Estate Purchase and Sale Agreement II ouncal revzew //d 1 SPONSOR Council Mayor Adm Svcs DCD Finance n Fire Legal 1 P&R Police ®PIF The US Army Corps of Engineers completed repairs to the Tukwila 205 Levee in 2008. The repairs at Site 3 required additional easements from two property owners, Wells Fargo and Lily Pointe, LLC. The easements will be reimbursed by King County Flood Control District through the attached Purchase Sale agreement, but King County did not commit to the interest payment. Lily Pointe's possession and use agreement called for a 12% interest and the City has been able to renegotiate that interest to 9% or not to exceed $75,000.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 08/24/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $Not to exceed $75,000.00 $0.00 $0.00 Fund Source Comments: RECORD OF COUNCIL ACTION ITEM No. Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date U Planning Comm. ATTACHMENTS Informational Memorandum dated 09/8/10 (revised after UC) Real Estate Purchase and Sale Agreement Easement Amendment to Possession and Use Agreement with 9% interest (reference only) Lily Pointe Possession and Use Agreement (reference only) Minutes from the Utilities Committee meeting of 08/24/10 1 r1 162 City of Tukwila INFORMATIONAL MEMORANDUM TO. Mayor Haggerton FROM: Public Works Director- DATE. September 8, 2010 SUBJECT. Tukwila 205 Levee Repair Lily Pointe, LLC (Amended after UC) Project No. 08 -DRO2 Purchase and Sale Agreement Easement Interest Payment Approval Jim Haggerton, Mayor ISSUE Approve Real Estate Purchase and Sale agreement easement interest payment to Lily Pointe, LLC for the Tukwila 205 Levee Repair project. BACKGROUND The US Army Corps of Engineers completed repairs to the Tukwila 205 Levee in 2008 These repairs required additional easement widths to allow for laying the levee slopes back to provide a more stable river bank. The City of Tukwila is responsible (under an agreement with the US Army Corps of Engineers) to provide all easements necessary for the construction and maintenance of the levee. City staff worked with the two affected property owners to secure Possession and Use Agreements that allowed the repair project to move forward quickly and avoid losing federal repair funding The agreement with Lily Pointe, LLC, called for the City to reimburse the property owner for the value of the easement plus 12% interest per year from the date of possession until payment. The King County Flood Control District (District) has committed to reimbursing the City for the actual cost of the easement but did not commit to the interest payment. Since completion of the Possession and Use Agreement, it has taken over two years to finish the site survey, appraisal, easement funding approval through the District, and final easement negotiations through the Corps, District, Lily Pointe, and the City ANALYSIS An appraisal has been completed and Lily Pointe has accepted the appraised value of $343,000 The District is working with a closing agent to complete the transaction and record the easement. Staff contacted Lily Pointe and explained that the City is required to pay the interest portion of the easement cost and with the financial hardship the City is currently facing, asked if they would be willing to reduce the 12% interest rate. After careful consideration, Lily Pointe agreed to reduce the interest rate to 9% provided we can close the transaction by November 15, 2010 Using this reduced rate, the City will need to provide approximately $75,000.00 in interest with the final cost determined with the closing date Staff has reviewed options for funding the interest payment and it is recommended that the 412 Surface Water fund be used and then reimbursed using the City's share of the Districts Annual Opportunity Fund over then next several grant cycles. Funding is anticipated at $44,000.00 each year and may be used for any flood related project. These Opportunity funds are currently programmed in the Annual Small Drainage Program. RECOMMENDATION The Council is being asked to approve the real estate purchase and sale agreement and funding for the interest portion of this easement acquisition in an amount not to exceed $75,000 00 and consider this item at the September 13, 2010 Committee of the Whole meeting and subsequent September 20, 2010 Regular Meeting. Attachments: Real Estate Purchase and Sale Agreement Lily Pointe Amendment to Possession and Use Agreement Revised Lily Pointe Possession and Use Agreement W:\PW Eng \PROJECTSW- DR Projects \08 -DRO2 (205 Levee Repair) \Design Phase \Site 3 \Lily Pointe Final Easement\Info Memo Easement Interest Payment 9- 9- 10.doc 163 164 KING COUNTY FLOOD HAZARD REDUCTION PROGRAM TUKWILA 205 PROJECT LILY POINTE PARCEL REAL ESTATE PURCHASE AND SALE AGREEMENT EASEMENT This Agreement is made as of the date this instrument is fully executed by and among LILY POINTE INVESTMENTS, LLC, a Washington limited liability company "Seller THE CITY OF TUKWILA, a municipal corporation of the State of Washington "City and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi municipal corporation of the State of Washington "District (sometimes the City and the District are collectively referred to herein as "Buyer for purchase and sale of certain easements situated in King County, Washington, described on Attachment "A and all rights appurtenant thereto (the "Easement RECITALS: 1. The City and the Green River Flood Control Zone District "GRFCZD a predecessor of the District, entered into an Interlocal Cooperation Agreement "ILA to provide for maintenance of the United States Army Corps of Engineers Lower Green River Section 205 Flood Protection Project "Tukwila 205 Project Said ILA was ratified by the Board of Supervisors of the GRFCZD under Resolution No. GR1994 -1, on February 7, 1994 and by the City on February 7, 1994. As successor in interest to the GRFCZD, the District has certain operation and maintenance responsibilities under the terms of the ILA for the Tukwila 205 Project. 2. Seller, through that certain Possession and Use Agreement Revised between Seller and the City dated October 14, 2008, as amended by that certain Amendment to Possession and Use Agreement Revised dated September 2010 (together, the "PUA agreed to provide certain easements to the City and the District. A form of the proposed easement was attached to the PUA as Attachment 1. 3. The City in conjunction with the District agreed to pay the appraised value of the easement rights being granted. 4. The City contracted with Andrew T. Robinson, MAI, to appraise the Easement, has reviewed the appraisal and agrees with the conclusions of the appraiser. The District concurs with the City as to this determination of value. 5. Pursuant to the PUA, the City has agreed to pay (and Seller has agreed to accept) interest on the value of the Easement at a rate of 9% per annum from May 19, 2008 until closing, so long as closing occurs no later than October 15, 2010. 18775202_1.DOC 67893- 0003 /LEGAL 19087945 1 Page 1 of 21 September 2, 2010 NOW THEREFORE, the Seller, City and District agree as follows: 1. PURCHASE PRICE: The total purchase price for the Easement is Three Hundred Forty Three Thousand and No /100 Dollars (US $343,000.00) "Purchase Price The Purchase Price is payable by the District at closing in cash. In addition, the City shall deposit the sum of Seventy Two Thousand Nine Hundred Seventy Two and No /100 Dollars (US $72,972.00), representing interest from May 19, 2008 until closing at the rate of 9% per annum. The parties acknowledge that the foregoing amount represents interest due under the PUA assuming that closing occurs on September 30, 2010. If the transaction contemplated herein does not close on September 30, 2010, the parties agree that the amount of interest shall be adjusted (either upward or downward) to account for the actual date of closing. Moreover, if the transaction does not close on or before October 15, 2010, the parties acknowledge that the interest rate will revert back to 12% per annum as originally contemplated in the PUA and, in this event, the parties shall revise the interest rate currently stated in Attachment "A" hereto. 2. TITLE: 2.1 Conveyance of Easement: At closing, Seller will execute and deliver to Buyer the Easement conveying and warranting good and marketable title to the Easement free and clear of all defects or encumbrances except those defects and/or encumbrances (if any) identified on Attachment "B" (collectively, "Permitted Exceptions 2.2 Title Insurance: At closing, Buyer shall receive (at Buyer's expense) a policy of title insurance for the Easement, dated as of the closing date and insuring Buyer in the amount of the Purchase Price against loss or damage by reason of defect in Buyer's title to the Easement subject only to the printed exclusions appearing in the policy form and any Permitted Exceptions. 3. CONTINGENCIES: 3.1 The sale of the Easement is contingent on receipt of grant funding and /or appropriation by the Board of Supervisors of the King County Flood Control Zone District of funds sufficient to close the sale. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS: 4.1 Seller: Seller represents, warrants and covenants to the Buyer at the date of execution of this Agreement and the date of closing that: 4.1.1 Authority: Seller, and the person signing on behalf of Seller, has full power and authority to execute this Agreement and perform Seller's obligations, and if Seller is a corporation, all necessary corporate action to authorize this transaction has been taken; 18775202_1.DOC 67893- 0003 /LEGAL 19087945 1 Page 2 of 21 September 2, 20I0 165 166 4.1.2 No Leases: The Easement area is not subject to any leases, tenancies or rights of persons in possession, except those matters described on Attachment `B" hereto and that certain Amended and Restated Lease Agreement between Seller and Carlyle, Inc., a Washington corporation, dated December 14. 2007; 4.1.3 Fees and Commissions: Seller shall pay for any broker's or other commissions or fees incurred by the Seller in connection with the sale of the Easement and Seller shall indemnify and hold Buyer harmless from all such claims for commission and/or fees; and 4.1.4 Indemnification: Seller agrees to indemnify, defend, and hold harmless Buyer, its employees, agents, heirs and assigns, from and against any and all damage, claim, liability, or loss, including reasonable attorney's and other fees, arising out of or in any way connected to the breach of any representation or warranty contained in this Section 4.1. 4.2 Buyer: Buyer represents, warrants and covenants to the Seller at the date of execution of this Agreement and the date of closing that: 4.2.1 Authority: Buyer, and all persons signing on behalf of Buyer, have full power and authority to execute this Agreement and perform Buyer's obligations, and Buyer has taken all necessary municipal and other action to authorize this transaction; 4.2.2 Fees and Commissions: District shall pay for any broker's or other commissions or fees incurred by the Buyer in connection with the sale of the Easement and Buyer shall indemnify and hold Seller harmless from all such claims for commission and/or fees; and 4.2.3 Indemnification: Buyer agrees to indemnify, defend, and hold harmless Seller, its employees, agents, heirs and assigns, from and against any and all damage, claim, liability, or loss, including reasonable attorney's and other fees, arising out of or in any way connected to the breach of any representation or warranty contained in this Section 4.2. 5. CLOSING: 5.1 Time for Closing: This sale will be closed in the office of the Closing Agent not later than twenty one (21) days from the date of execution of this Agreement. Buyer and Seller shall deposit in escrow with Closing Agent all instruments, documents, and moneys necessary to complete the sale in accordance with this Agreement. As used in this Agreement, "closing" or "date of closing" means the date on which all appropriate documents are 18775202_1.DOC 67893- 0003 /LEGAL 19087945 1 Page 3 of 21 September 2, 2010 recorded and proceeds of the sale are available for disbursement to Seller. The Closing Agent shall be: TO SELLER: Lily Pointe Investments, LLC 4128 West Ames Lake Drive Redmond, WA 98053 Pacific Northwest Title Company 215 Columbia Street Seattle, WA 98104 5.2 Prorations; Closing Costs: Seller will pay real property taxes prorated through the date of closing. Buyer will pay the premium for its title insurance policy, the cost of recording the Easement from the Seller, and the Closing Agent's escrow fees. The parties acknowledge that WAC 458 -61A- 206(3) provides an applicable exemption to the payment of real estate excise tax. Buyer agrees to provide to Closing Agent before closing all documents necessary for the conveyance of the Easement to qualify for such exemption. 6. NOTICES: Any notices required herein shall be given to the parties at the addresses listed below: TO BUYER: King County Flood Control District c/o King County Water and Land Resources Division Open Space Acquisitions 201 South Jackson Street, Suite 600 Seattle, WA 98104 7. GENERAL: Other than the PUA, this is the entire agreement of the Buyer and Seller with respect to the Easement and supersedes all prior or contemporaneous agreements between them, written or oral. This Agreement may be modified only in writing, signed by Buyer and Seller. Any waivers under this Agreement must be in writing. A waiver of any right or remedy in the event of a default will not constitute a waiver of such right or remedy in the event of any subsequent default. This Agreement is for the benefit of and binding upon, Buyer and Seller and their heirs, personal representatives, successors and assigns. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. Time is of the essence in this Agreement. 8. SURVIVAL OF WARRANTIES: The teens, covenants, representations and warranties shall not merge in the conveyance, but shall survive closing. 18775202_1.DOC Page 4 of 21 September 2, 2010 67893- 0003 /LEGA L 1 9087945 1 167 168 Signed in duplicate original. BUYER: King County Flood Control Zone District, a quasi municipal corporation of the State of Washington. BY: Christie True Director Department of Natural Resources and Parks Date: City of Tukwila, a municipal corporation of the State of Washington BY: Date: SELLER: Lily Pointe Investments, LLC, a Washington limited liability company BY: Title: 18775202_1.DOC 67893 -0003 /LEGAL 19087945 1 Page 5 of 21 September 2, 2010 Date: STATE OF WASHINGTON )SS. COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the of King County, acting on behalf of the King County Flood Control Zone District pursuant to Resolution FCZD2008- 01.2 of said District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 18775202_1.DOC 67893- 0003 /LEGAL 19087945 1 Printed name Notary Public in and for the State of Washington Residing at My appointment expires Page 6 of 21 September 2, 2010 169 170 STATE OF WASHINGTON, }SS. County of King I hereby certify that I know or have satisfactory evidence that is /are the person(s) who appeared before me, and said person(s) acknowledged that he signed this instrument, on oath stated that he is /are authorized to execute the instrument and acknowledged it as the of the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: 18775202_1.DOC 67893 0003 /LEGAL 19087945 1 Printed signature Notary Public in and for the State of Washington, residing at My appointment expires Page 7 of 21 September 2, 2010 STATE OF WASHINGTON, }SS. County of King I hereby certify that 1 know or have satisfactory evidence that is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument, on oath stated that he/she/they is/are authorized to execute the instrument and acknowledged it as the of Lily Pointe Investments, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: 18775202_1.DOC 67893-0003/LEGAL19087945.1 Printed name Notary Public in and for the State of Washington, residing at My appointment expires ATTACHMENTS: Attachment A, Easement Attachment B, Permitted Exception/Title Report Page 8 of 21 September 2, 2010 171 172 KING COUNTY FLOOD HAZARD REDUCTION PROGRAM TUKWILA 205 PROJECT LILY POINTE PARCEL ATTACHMENT A Recording Requested By and Reference City Ordinance No. 2200 When Recorded Mail To: The City of Tukwila Office of the City Clerk 6200 Southcenter Blvd Tukwila, Washington 98188 Grantor: Grantee(s): EASEMENT Lily Pointe Investments, LLC, a Washington Limited Liability Company The City of Tukwila, a municipal corporation of the State of Washington, and The King County Flood Control Zone District, a quasi municipal corporation of the State of Washington Legal Description (abbreviated): Ptn. NW1 /4, 36 -23 -04 Additional legal description on page 7, hereinafter called Exhibit A. Assessor's Tax Parcel: 362304 9087 -04 Project: Tukwila -205 Site 3 Levee Repair THIS AGREEMENT made this day of 2010, by and between Lily Pointe Investments, LLC, a Washington Limited Liability Company, hereinafter called the Grantor, and The City of Tukwila, a municipal corporation of the State of Washington, and The King County Flood Control Zone District, a quasi municipal corporation of the State of Washington, hereinafter collectively called the "Grantees Grantor, for and in consideration of the sum of three hundred forty three thousand dollars ($343,000.00) (plus interest at a rate of 9% per annum from May 19, 2008), the receipt and adequacy of which is hereby acknowledged, hereby grants and conveys to the Grantee(s), their successors and assigns, agents and licensees certain easements as described below (the 18775202_1.DOC Page 9 of 21 September 2, 2010 67893 0003 /LEGA L 1 9087945 1 "Easements for the purposes set forth herein, under, over and upon those limited portions of the Property described in Exhibit A, which Easements are more particularly described in Exhibits B, C, and D attached hereto, and by this reference made a part hereof, situated in King County, Washington: 1. Flood Protection Levee Easement. A perpetual and assignable right and easement in, on, over and across the land described in Exhibit B to construct, maintain, repair, operate, patrol and replace a flood protection levee, including all appurtenances thereto; reserving, however, to the Grantor, its heirs, successors and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to those defects and/or encumbrances (if any) identified on Exhibit E. On the flood protection levee in this easement, Grantor shall not install, construct, alter, or remove any structures or improvements, or plant, trim, or remove any vegetation, without prior approval of Grantee(s). 2. Perpetual Road Easement. A perpetual and assignable easement and right -of -way in, on, over, and across the land described in Exhibit C for the location, construction, operation, maintenance, alteration and replacement of a levee access road and appurtenances thereto; together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the levee access road right -of -way; reserving however, to the Grantor, its heirs, successors and assigns, the rights to cross over or under the easement and right -of -way for access to their adjoining land; subject however, to existing easements for public roads and highways, public utilities, railroads, pipelines, and those defects and/or encumbrances (if any) identified on Exhibit E. A map showing the location of said easement areas (the "Easement Areas is attached as Exhibit D. Except on the flood protection levee itself, Grantor shall have the right to place locked bollards across access to the Flood Protection Levee Easement and Road Access Easement (collectively the "Easements so long as the Grantee(s) are provided a key or combination to access the Easements. Grantee(s) shall give reasonable notice to the Grantor prior to any use of the Easement Areas for the use, operation or hauling of heavy equipment, including, but not limited to, dump trucks, excavators and bulldozers. Nothing in this grant shall be deemed to be a grant of access to the general public or for recreational uses. The scope of this grant is expressly limited to the Grantee(s), their employees and contractors, for the limited purposes described in this Agreement. If in the use of the Easements granted above, the Grantee(s) shall damage other property of the Grantor or shall cause damage to the Easement Areas as a result of activity that is not 18775202_1.DOC 67893 0003 /LEGAL 1 9087945 1 Page 10 of 21 September 2, 2010 173 174 permitted by this Agreement, each Grantee shall repair, replace and restore, at the Grantee's sole expense, said damage. Each Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars per occurrence, and provide Grantor with a certificate of insurance or self insurance and will name Grantor, its successors and assigns as Additional Insureds in the event one or both of the Grantee(s) should choose not to self insure. Each Grantee may self insure its obligations hereunder. Other than in the event of Grantor's gross negligence, each Grantee shall indemnify and hold Grantor, its successors and assigns harmless from all claims, damages or causes of action, including attorneys' fees and court costs, arising from that Grantee's use of the Easements. The rights, conditions, covenants and provisions contained in this Agreement shall inure to the benefit of and be binding on the parties hereto and their respective heirs, administrators, executors, successors and assigns and shall run with the land. 18775202_1.DOC 67893 0003 /LEGAL 19087945 1 Page 11 of 21 September 2, 2010 WITNESSETH, the said Grantor has hereunto signed their naives the day and year first above written. GRANTOR: Lily Pointe Investments, LLC, a Washington Limited Liability Company BY GRANTEE: The City of Tukwila, a municipal corporation of the State of Washington. BY Name: Title: Name: Title: GRANTEE: King County Flood Control Zone District, a quasi municipal corporation BY: 18775202_1.DOC 67893- 0003 /LEGAL l 9087945 1 Acting pursuant to Resolution No. FCZD2008 -01.2 of said Grantee Name: Title: Page 12 of 21 September 2, 2010 175 176 STATE OF WASHINGTON ss. COUNTY OF KING On this day of 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of Lily Pointe Investments, LLC, a Washington Limited Liability Company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company for the uses and purposes therein mentioned, and on oath stated that he /she was duly elected, qualified and acting as said officer of the Limited Liability Company, and that he /she was authorized to execute said instrument on behalf of said Limited Liability Company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. 18775202_1.DOC 67893- 0003 /LEGA L 1 9087945 1 Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 13 of 21 September 2, 2010 STATE OF WASHINGTON COUNTY OF KING On this day of 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of the City of Tukwila, a municipal corporation of the State of Washington, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. 18775202 1.DOC 67893- 0003 /LEGAL 1 9087945 1 ss. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 14 of 21 September 2, 2010 177 178 STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the of King County, acting on behalf of the King County Flood Control Zone District pursuant to Resolution FCZD2008- 01.2 of said District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 18775202_1.DOC 67893 0003 /LEGAL 19087945.1 Printed name Notary Public in and for the State of Washington Residing at My appointment expires Page 15 of 21 September 2, 2010 EXHIBIT A UNDERLYING PROPERTY PARCEL(S) LEGAL DESCRIPTION That portion of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east, having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central angle of 01 °32'04" to the south line of the north 36 feet of Government Lot 4 in said Section 36; Thence south 88 °46'19" east along said south line a distance of 372.81 feet; Thence south 01°13'41" west a distance of 305.00 feet; Thence north 88 °46'19 west a distance of 50.00 feet to the TRUE POINT OF BEGINNING; Thence south 88 °46'41" east along a line 100 feet south of and parallel to the south line of that parcel of land leased to Sperry Rand Corporation as surveyed and monumented on the ground in 1968, and recorded under King County Recording Number 6356645, a distance of 420.58 feet, more or less, to the top of the left bank of the Green River; Thence along said top of the left bank of the Green River the following courses and distances: south 07 °00' east a distance of 115 feet; south 01°06' west a distance of 104 feet; south 09 °12' west a distance of 106 feet; south 26 °49' west a distance of 102 feet; south 47 °21' west a distance of 103 feet; south 60°15' west a distance of 40 feet; south 74 °35' west a distance of 60 feet; Thence west a distance of 106 feet; north 67 °30' west a distance of 107 feet; north 26 °19' west a distance of 104 feet; north 20 °22' west a distance of 103 feet; north 21°54' west a distance of 105 feet; north 32 °38' west a distance of 116 feet; north 44 °04' west a distance of 34 feet, more or less, to a point from which the TRUE POINT OF BEGINNING bears north 69 °38'41" east; Thence leaving said top of left bank north 69 °38'41" east a distance of 225 feet more or less, to the TRUE POINT OF BEGINNING. 18775202_1.DOC 67893 0003 /LEGAL 19087945.1 Page 16 of 21 September 2, 2010 179 180 EXHIBIT B FLOOD PROTECTION LEVEE EASEMENT LEGAL DESCRIPTION That portion of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, lying landward of the ordinary high water mark of the left bank of the Green River and riverward of a line described as follows: Beginning at the northwest comer of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east, having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central angle of 01 °32'04" to the south line of the north 36 feet of Government Lot 4 in said Section 36; Thence south 88 °46'19" east along said south line a distance of 372.81 feet; Thence south 01°13'41" west a distance of 305.00 feet; Thence north 88 °46'19 west a distance of 50.00 feet to the hereinafter referred to as point Thence south 88 °46'41" east along a line 100 feet south of and parallel to the south line of that parcel of land leased to Sperry Rand Corporation as surveyed and monumented on the ground in 1968, and recorded under King County Recording Number 6356645, a distance of 369.60 feet to the TRUE POINT OF BEGINNING OF SAID DESCRIBED LINE, thence the following courses and distances: south 01°52'11" east a distance of 35.17 feet; south 01 °5F04" east a distance of 122.78 feet; south 01 °44'32" west a distance of 104.47 feet; south 12 °1F25" west a distance of 36.04 feet; south 20 °48'04" west a distance of 51.57 feet; south 33 °48'38" west a distance of 62.76 feet; south 53 °39'34" west a distance of 37.11 feet; south 63 °03'02" west a distance of 79.27 feet; south 80 °57'48" west a distance of 35.11 feet; south 67 °52'45" west a distance of 61.80 feet; north 83 °48'22" west a distance of 111.43 feet more or less, to the terminus of said line herein described, at a point which is located south 70 °57'20" west 216.98 feet, and south 27 °23'15" east 461.50 feet from point "A" referenced herein. 18775202_1.DOC 67893 0003 /LEGA L 190 8 7945 1 Page 17 of 21 September 2, 2010 Levee Access: EXHIBIT C PERMANENT ACCESS ROAD EASEMENT LEGAL DESCRIPTION That portion of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central angle of 01 °32'04" to the south line of the north 36 feet of Government Lot 4 of said Section 36; Thence south 88 °46'19" east along said south line a distance of 274.87 feet; Thence along a curve to the right, the center of which bears south 01°13'41" west having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of 90 °00'00 Thence south 01 °13'41" west a distance of 255.00 feet to the TRUE POINT OF BEGINNING; thence south 88 °46'19" east a distance of 48.00 feet; thence south 01°13'41" west a distance of 33.27 feet; thence along a line hereinafter referred to as line "X south 69 °38'41" west a distance of 259.75 feet more or less to the westerly boundary of property described in Exhibit "A" herein; thence northerly and along said westerly boundary to a point on a line distant 30 feet northwesterly of said line "X" measured perpendicularly thereto; thence north 69 °38'41" east to a point which bears south 01 °13'41" west from the TRUE POINT OF BEGINNING; thence north 01°13'41" east 20.00 feet more or less to the TRUE POINT OF BEGINNING. 18775202_1.DOC 67893- 0003 /LEGAL 1 9087945 1 Page 18 of 21 September 2, 2010 181 182 18775202_1.DOC 67893- 0003 /LEGAL 19087945 1 EXHIBIT D MAP OF PROPERTY AND EASEMENTS Page 19 of 21 September 2, 2010 Tukwila 205: Site 3 Easements Temporary Staging and Work Area Easement Permanent Levee Easement Permanent Access Easement Parcel Boundaries 75 0 75 150 Feat 18775202_1.DOC 67893 0003 /LEGAL 19087945 1 3623049095 3623049094 Page 20 of 21 3623049017 September 2, 2010 183 184 KING COUNTY FLOOD HAZARD REDUCTION PROGRAM TUKWILA 205 PROJECT LILY POINTE PARCEL Those special exceptions listed on Pacific Northwest Title Company Title Commitment #661078 dated October 8, 2007, as supplemented by Supplemental Report #1 dated July 9, 2008, Supplemental Report #2 dated September 2, 2010 and Supplemental Report #3 dated September 3, 2010 (which Title Commitment and Supplements are incorporated into this Agreement by this reference), numbered 1, 2, 3, 4, 5, 6, 9, 10, 15 and general taxes and assessments that are not yet due and payable. 18775202_1.DOC 67893 0003 /LEGAL 19087945 1 ATTACHMENT B PERMITTED EXCEPTIONS /TITLE REPORT Page 21 of 21 September 2, 2010 After Recording Return to: City of Tukwila Office of City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 Legal Description (abbreviated): Assessor's Tax Parcel Number: Reference Number of Documents Assigned, Released or Amended: 67893 0003 /LEGAL19014185 1 Amendment to Possession and Use Agreement Revised Grantor: Lily Pointe Investments, LLC, a Washington limited liability company Grantee: The City of Tukwila, a Washington municipal corporation Ptn. NW1 /4, 36 -23 -04 Full legal on p. 4 362304 9087 -04 20081103000918 REFERENCE ONLY THIS AMENDMENT TO POSSESSION AND USE AGREEMENT REVISED (this "Amendment is made this day of 2010 by and between the City of Tukwila, a Washington municipal corporation (the "City and Lily Pointe Investments, LLC, a Washington limited liability company "Lily Pointe The City and Lily Pointe are parties to that certain Possession and Use Agreement Revised dated October 14, 2008 and filed under King County Recording No. 20081103000918 (the "PUAR The PUAR concerns the underlying property described on EXHIBIT A attached hereto and incorporated herein. Section 4 of the PUAR requires the City to pay to Lily Pointe the amount determined as the final valuation of the Easement Area "Final Value plus twelve percent (12 interest per annum as accrued from May 19, 2008 through the date of final payment "Original Rate Due to the recent financial downturn, the City seeks and Lily Pointe has agreed to grant a reduction of the Original Rate on the terms and conditions set forth herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City and Lily Pointe hereby amend the PUAR as follows: 1. Reduction of Interest Rate. The parties agree to reduce the Original Rate to nine percent (9 interest per annum "Reduced Rate Therefore, the second sentence of Section 4 of the PUAR is hereby revised to read as follows: "The City agrees that upon final 185 186 valuation of the Easement Area, whether by mutual agreement or by trial, the City shall pay to Owner the amount determined plus nine percent (9 interest per annum as accrued from the Date of Possession through the date of final payment." 2. Condition of Reduced Rate. The Reduced Rate is conditioned upon Lily Pointe receiving payment in full of the Final Value, plus all interest that has accrued thereon, no later than October 15, 2010. If full and final payment is not received by such date, then the Reduced Rate shall become void and the Original Rate shall be automatically reinstated. 3. Ratification; Interpretation. Except as expressly amended herein, the PUAR remains in full force and effect unamended, and all of the terms and provisions of the PUAR are ratified and confirmed. 4. Execution of Amendment. This Amendment may be executed in as many counterparts as may be deemed necessary and convenient, and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. "CITY" The City of Tukwila, a Washington municipal corporation By: Name: Title: 67 893 0003 /LEGAL19014185 1 -2- "LILY POINTE" Lily Pointe Investments, LLC, a Washington limited liability company By: Name: Carol -Ann O'Mack Title: Manager REFERENCE ONLY POSSESSION AND USE AGREEMENT REVISED Ogo3W PL 84 -99 Tukwila 205 Tax Accounts 362304. 9087 -04 Levee Rehabilitation PROJECT TRACT OR OTHER PROPERTY IDENTIFICATION This Agreement is entered into by and between The City of Tukwila, a municipal corporation of the State of Washington (the "City') and Lily Pointe Investments, LLC, a Washington Limited Liability Company (the "Owner"). This document supersedes the previously recorded Possession and Use Document recorded under King County records number 20080604000331. RECITALS A. The document attached as Attachment 1 to this Possession and Use Az,,;..,-,rent contains certain easements rights (the "Easements that are necessary for repairs and improvements to the Tukwila 205 Federally Certified Levee under the guidelines for the U.S. Army Corps of Engineers PL 84-99 Levee Rehabilitation Effort along the Left Bank of the Green River (The "Project"). Delay in acquisition and construction ofthe Project is contrary to the public interest_ B. Owner is the owner of that certain real property (the "Property") commonly known as 6801 S. 180th Street, Tukwila, Washington, and more particularly described on Attachment 2. C. Owner and City acknowledge that this A rd is being entered into under threat of condemnation and shall be subject to just compensation by the City (in an amount that will be determined upon a mutually acceptable settlement or trial) in order to compensate Owner for the Easements_ Nothing herein shall be construed as a waiver ofthe Owner's right to object to any further use or occupancy of any other portion of the property that the City may require in the future. D. The Owner wishes additional time to resolve any questions it may have concerning the Easements, including the issue ofjust compensation. AGREEMENT 1. For and in consideration of payment by the City to the Owner for the Easements, in an amount to be negotiated by the parties or determined at trial, the Owner grants to City possession and use of those portions of the Property subject to the Easements (the "Easement Area.") for Project purposes. 2. The parties agree that the Easement Area is necessary for a public use of the City. if the parties cannot agree as to the amount ofjust compensation due the Owner and the City institutes condemnation proceedings. the Owner will not object to the City's entry of an Order Adjudicating Public Use and Necessity, as provided in RCW 5.12.090. 3. The parties agree that if condemnation proceedings are instituted by the City, this Agreement shall be deemed to satisfy the requirements ofa stipulated Order oflmmediate Use and Possession. This Agreement shall continue in effect until said proceedings have terminated and the Easement Area is finally acquired by the City. 4. The parties agree that the "Date of Possession" and the "Date of Valuation" for the Easement Area shalt be May 19, 2008. The City agrees that upon final valuation of Easement Area, whether by mutual agreement or bytrial, the City shall pay to Owner the amount determined plus twelve percent (12 interest per annum as accrued from the Date of Possession through the date of final payment. The parties agree to use commercially reasonable efforts to negotiate a mutually acceptable settlement on valuation of the Easement .Area as soon as possible after the Date of Possession; however, should the parties fail to reach a mutually acceptable settlement within six (6) months of the Date of Possession, the parties shall proceed to trial. Page 1 of 13 p rAr REFERENCE ONLY 20081103000918.002 187 188 5. Nothing in this Agreement shall be deemed to waive any right either party may have to a subsequent adjudication of just compensation pursuant to state law. Neither this Agreement nor the basis for the payment made pursuant to this Agreement shall be construed as evidence of or an admission of fair market value or just compensation by either parity to the Agreement. 6. If condemnation proceedings are instituted, any payment ofcoats and attorneys fees shall be governed by the provisions ofRCW 8.25.070 and 8.25.075. 7. !fin the use of the Easement Area the City, the King County Flood Control Zone District (the "County") or the Army Corps of Engineers (the "Corps') or any oftheir employees or agents damage any portion ofthe Property (including, but not limited to the Easement Area), the City shall be solely responsible for ensuring that the Property is repaired, replaced and restored. Additionally, other than in the event of Owner's gross negligence, the City shall indemnify, defend and hold Owner, its successors and assigns harmless from and against all claims, damages (to property, improvements or otherwise), injury to persons, expense, loss, liability, causes of action or suit of any kind, including attorneys' fees and court costs, arising from or related to the rights granted to the City herein or the possession and use of the Easement Area by the County or the Corps. The obligations contained in this Section 7 shall survive the granting ofthe Easements, whether the Easements are granted by Attachment 1. or by condemnation action. 8. This Agreement, including its attachments, is the complete expression of the terms hereto and any other representations, whether oral or in writing not incorporated in this Agreement are excluded. Time is of the essence of the performance of the provisions oftbis Agreement. Waiver of any default shall not be deemed to be a waiver of atty other or subsequent defaullt. Dated: ./0/ 5c i OWNER: Lily 9 to Inve etas, Washingtp red Liability Company BY 'Name: e ►_dL ircf Q'G�1 C Title: 0 The City of Tukwila, a municipal corporation of the State of Washington. CITY: BY Y� Tit ficAr Page 2 of 12 REFERENCE ONLY 20081103000918.003 Utilities Committee Minutes August 24, 2010 Page 2 C. Tukwila 205 Levee Repair Lily Pointe Easement Interest Payment Staff is requesting Council approval to make an interest payment not to exceed $106,000 to Lily Pointe Investments, LLC for possession and use of easements that were needed for the Tukwila 205 j Levee Repair Project in 2008. The agreement between the City and Lily Pointe required the City to reimburse Lily Pointe (property owner) for the value of the easement plus 12% annual interest from the date of possession until payment. King County Flood Control District will reimburse the City for the cost of the easement, but not the interest. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:21 p.m. Next meeting: Tuesday, September 14, 2010 5:00 p.m. Conf. Room No. 1. Committee Chair Approval Minutes by KAM. Reviewed by GL. 189 190 CAS NUMBER: 10-102 COUNCIL AGNIVDA SYNOPSIS Inztza Mayor' "ezv Meeting Date Prepared by 1 09/13/10 SH 09/20/10 SH ITEM INFORMATION Diner/ review A 1 ORIGINAL AGEND DXI'I". SEPTEMBER 13, 2010 ITEM NO. Ac;I•.ND,\ I"I•I.ni Trt•I,I•, A resolution authorizing the cancellation of abandoned or unclaimed property for 2010. II GORY Discussion Motion Resolution n Ordinance 1 1 Bid A yard Public Hearin; her Mtg Date 09/13/10 Mtg Date Mtg Date 09/20/10 Alts Date A Itg Date Al/,g Da/' SPONSOR 1 Cout 1 Mayor Adm Svcs 1 1 DCD Finance 1 1 Fire Legal n P &R 1 1 Police 1 1 PIi%' SPONSOR'S The resolution authorizes the cancellation of abandoned funds (unclaimed property). The SUMMARY unclaimed property will be reported and remitted to the Dept. of Revenue Unclaimed Property Section, and made available to the responsible party through the State. This is an annual process authorizing remittance of unclaimed property to the State. The Council is being asked to approve the resolution for cancellation of unclaimed oronertv. RL IIi BY COW Mtg. CA &P Cmte F &S Cmte n Utilities Cmte I Arts Comm. Parks Comm. DATE: 9/08/10 RECOMMENDATIONS: SPONSOR /ADMIN Finance Department COMMITTE.E Unanimous Approval; Forward to C.O.W. COST IMPACT FUND SOURCE EXPI• :NDI•I'URIi RI QUIRIiD AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE 09/13/10 09/20/10 MTG. DATE 09/13/10 09/20/10 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 08/24/10 Resolution in Draft Form Attachment A DOR Unclaimed Property Reporting 2010 Unclaimed Property Summary Detail Report Minutes from Finance and Safety Committee meeting of 09/08/10 Transportation Cmte Planning Comm. A Itg Date 192 City of Tukwila INFORMATIONAL MEMORANDUM TO Mayor Haggerton Finance Safety Committee FROM Shawn Hunstock, Finance Director* Finance Department DATE August 24, 2010 SUBJECT: 2010 Reporting and Remittance of Abandoned Property to the WA State Department of Revenue Unclaimed Property Section ISSUE Jim Haggerton, Mayor Annual write -off of outstanding and unredeemed General Fund accounts payable claims and payroll checks, Municipal Court checks, and Foster Golf Course gift cards. BACKGROUND Each year, the City of Tukwila holds abandoned or unclaimed property that is owed either to individuals or business vendors that must be reported by November 1st to the Washington State Department of Revenue Unclaimed Property Section. All local governments are required to report all unclaimed property except unclaimed restitution. Unclaimed restitution is submitted to the County Treasurer who is required to report and send the funds to the State Treasurer for the Crime Victims Fund each month The dormancy or abandonment period of all accounts payable claims and payroll checks is one year; Municipal Court checks have an abandonment period of two years, and gift cards have an abandonment period of three years. Current Finance Department policy dictates that all abandoned or unclaimed property be reported and remitted annually to the Washington State Department of Revenue Unclaimed Property Section through the Council approved resolution process The advantages to the City for remitting the funds annually to the Department of Revenue are as follows Property remitted by the City is indemnified The City is no longer responsible for the tracking of funds There is little -to -no research or contact with claimants by the City as this is now maintained through the Department of Revenue DISCUSSION The annual proposed resolution totaling $6,845 70 reflects amounts deemed as abandoned or unclaimed property For the 2010 unclaimed property report year, remittance of abandoned General Fund Accounts Payable claims checks total $312 96, payroll checks total $191 64, and Municipal Court checks total $2,656 84. Additionally, Foster Golf Course unclaimed gift cards total $3,684 26. 193 INFORMATIONAL MEMO Page 2 To the extent possible, those individual property owners with unclaimed accounts payable claims, payroll, and /or Municipal Court checks of $50.00 or more, have been notified by the City through the "good faith" effort of being served due diligence letters These individual property owners have either not responded to the due diligence notifications and /or cannot be located in order to claim their property Unlike Accounts Payable claims, payroll, and Municipal Court checks, property owners of Foster Golf Course gift cards cannot be located and the process of serving due diligence notification is, therefore, omitted. RECOMMENDATION The attached proposed resolution and its attachments will authorize the annual cancellation of unclaimed General Fund accounts payable claims /payroll checks, Municipal Court checks, and Foster Golf Course gift cards By way of this informational memo being presented to members of the Finance Safety Committee this day, please forward as follows Committee of the Whole Meeting scheduled for September 13, 2010 Regular Council Meeting scheduled for September 20, 2010 ATTACHMENTS Proposed Draft Resolution 2010 Attachment "A" to Resolution 2010 Unclaimed Property Summary Detail Report 1 9 4 W 11 UserslLilylLily's General Working Folder1Unclaimed Property 201012010 InfoMemo.doc Christy O'Flaherty, CIVIC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W Word Processing \Outstanding Claims 2010.doc LJ:mrh 8/31/2010 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE CANCELLATION OF OUTSTANDING GENERAL FUND CLAIMS AND PAYROLL CHECKS, MUNICIPAL COURT CHECKS, AND FOSTER GOLF GIFT CARDS. WHEREAS, the State of Washington, Department of Revenue Unclaimed Property Section, for the reporting and remittance year 2010, requires a one -year dormancy period for outstanding General Fund claims and payroll checks, a two -year dormancy period for municipal court checks, and a three -year dormancy period for gift cards; and WHEREAS, the City Finance Department has made all reasonable attempts to resolve the outstanding, unredeemed General Fund claims and payroll checks, municipal court checks, and Foster Golf gift cards, and WHEREAS, the City Council of the City of Tukwila wishes to cancel all outstanding, unclaimed General Fund claims and payroll checks issued prior to July 1, 2009, municipal court checks issued prior to July 1, 2008, and Foster Golf gift cards issued prior to July 1, 2007; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council authorizes the cancellation of General Fund claims and payroll checks, municipal court checks, and Foster Golf gift cards as detailed on Attachment A and the Unclaimed Property Summary Detail Report. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST/ AUTHENTICATED: Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council. Resolution Number Attachments: Attachment A, Washington State Department of Revenue 2010 Unclaimed Property Reporting (1 page) 2010 Unclaimed Property Summary Detail Report (3 pages) Page 1 of 1 195 196 Attachment "A" WA State Department of Revenue 2010 Unclaimed Property Reporting ID NUMBER DATE VENDOR AMOUNT 000 General Fund Claims Various Various Aggregate- Various (Claims Checks under $50) $227.67 #341526 09/02/08 Ronald J. Peterson 85.29 Payroll Various Various 517874 11/20/08 517948 11/20/08 Total Claims Checks $312 96 Aggregate- Various (Payroll Checks under $50) Caitlin Legate Tukwila Children's Foundation $69.04 60.60 62.00 Total Payroll Checks $191 64 Municipal Various Various Aggregate- Various (Court Checks under $50) $62.15 Court 12455 07/19/07 Ryan Scott Howard 120.00 13000 10/19/07 Rebecca L. Johnson 100.00 13068 02/01/08 Juana Sanchez Sanchez 600 00 13102 02/28/08 Kelly Vega 500 00 13138 04/11/08 Alliance One Inc. 174.69 13145 04/22/08 Ashleigh Martinez 1,100.00 Total Municipal Court Checks $2, 656 84 General Fund Grand Total All Checks: $3,161 44 411 Foster Golf Course Gift Cards Various Various 106 qty. miscellaneous gift cards $3,684.26 411 Fund Total: $3,684 26 GRAND TOTAL: $6,845.70 Report and remittance summary Total Claims /Payroll, all other Municipal Court Checks Golf Gift Cards to WA State DOR Municipal Court Restitution, Check Nos 12455 13000, remittance to County Treasurer Grand Total to be Reported Remitted to WA State DOR/County Treasurer: $6,625 70 220 00 $6, 845.70 197 198 Treasurer's Checks: No outstanding treasurers checks to report for 2010 Unclaimed Property filing year Total Treasurer's Checks: Claims Checks General 000 Fund: Property Owner: Check No. Date #340371 07/07/08 340975 08/04/08 341526 09/02/08 341803 09/15/08 342470 10/20/08 342483 10/20/08 342512 10/20/08 343034 11/17/08 343069 11/17/08 343091 11/17/08 343162 11/17/08 343235 11/17/08 343919 12/22/08 344850 02/17/09 344940 02/17/09 345492 03/16/09 345710 03/23/09 346216 04/20/09 346300 04/20/09 347150 06/15/09 347316 06/15/09 347322 06/15/09 Abbulkadr H. Salad Dedriq Trinide Ronald J Peterson John Mann Danthony Gatewood Quiniele L. Hempstead Destiny King Michael Davis Michael K. Howard Rachel Kirk Derek Shoaf Kefyalew Yifru Maria Mejia Martinez Kadra Ali Rachel Kirk Angela Sanchez Justine Rosencrans Mario E. Pulido Montes Drew Wilcock Tony Crews Diane Swingler Olja Tepsa Total General Fund Claims Checks. 2010 Unclaimed Property Summary Detail Report Total All Claims Checks: Description: Witness Fee Tae Kwon Do Refund 2007 SCL Utility Tax Rebate Witness /Juror Fee Witness Fee Witness Fee Witness Fee Witness Fee Witness Fee Witness Fee Witness Fee Swim Lesson Refund Witness Fee Witness Fee Witness Fee Zumba Class Refund Witness Fee Witness Fee Witness Fee Witness Fee Swim Lesson Refund Witness Fee $0 00 All Code: CK04 0 00 0.00 $10.00 10 00 85.29 10 00 10.00 10 00 10.00 10.00 10.00 10.00 10 00 5 00 10 00 10.00 10 00 6 67 10 00 10 00 10.00 10.00 36.00 10 00 $312.96 $312.96 1 General Fund All Code: CK06 !ej 08/12/2010 4 :11 PM Payroll Claims: Check No. #516810 516851 517874 517948 Date 07/18/08 07/18/08 11/20/08 11/20/08 Municipal Court Checks: Check No. Date #12455 07/19/07 13000 10/19/07 13068 02/01/08 13102 02/28/08 13145 04/22/08 N/A 09/12/07 N/A 09/12/07 N/A 09/12/07 N/A 09/12/07 13138 04/11/08 13250 09/24/08 Golf Course Gift Cards 411 Fund: Gift Card No. Date Various Various Total Payroll Claims: Property Owner: Pierce Frandle Maxwell Villella Caitlin Legate Tukwila Children's Foundation Property Owner: Ryan Scott Howard Rebecca L. Johnson Juana Sanchez- Sanchez Kelly Vega Ashleigh Martinez Unknown Owner Unknown Owner Unknown Owner Unknown Owner Alliance One Inc. Signal Credit, Inc. Total Municipal Court Checks: Total Golf Course Gift Cards 411 Fund: Description: (All variously named unknown property owners) 07/15/2008 Payroll 07/15/2008 Payroll 11/15/2008 Payroll 11/15/2008 Payroll Description: Restitution Restitution Bail Refund Bail Refund Bail Refund Misc. Trust Misc. Trust Misc. Trust Misc. Trust Ref. #4391 (Case #IN0035354 TKP IT) Overpayment Court Fee (Ref. #4503) 106 qty miscellaneous gift cards (incl. 7 cards with "zero" balances) 2010 Report Year Summary: Total Claims/Payroll, all other Municipal Court Checks and Golf Gift Cards to WA State DOR: Municipal Court Restitution, Check Nos. 12455 13000, remittance to be sent to County Treasurer Grand Total to be Reported and Remitted to WA State DOR/County Treasurer: 2010 Unclaimed Property Summary Report Page 2 $46 61 22.43 60.60 62.00 $191.64 $120.00 100.00 600 00 500.00 1,100 00 2.00 45.00 0.50 5.00 174.69 9 65 $2, 656.84 $3,684.26 $3,684.26 $6,625 70 220.00 $6,845.70 All Code: CK06 General Fund (To be sent to County Treasurer) (To be sent to County Treasurer) All General Fund All Code: MS16 411 Fund All Code: MS12 lej 08/12/2010 4:12 PM Claims Payroll Municipal Court ID Number General Fund: Date Various #341526 09/02/08 #516810 07/18/08 516851 07/18/08 517874 11/20/08 517948 11/20/08 #12455 13000 13068 13102 13145 13138 Various 07/19/07 10/19/07 02/01/08 02/28/08 04/22/08 04/11/08 Vendor Aggregates- Various (under $50) Ronald J. Peterson 2007 SCL Utility Tax Rebate Pierce Frandle Maxwell Villella Caitlin Legate Tukwila Children's Foundation Juana Sanchez Sanchez Kelly Vega Ashleigh Martinez Alliance One Inc. 07/15/2008 Payroll 07/15/2008 Payroll 11/15/2008 Payroll 11/15/2008 Payroll Total General Fund All Total Claims Total Payroll Aggregates- Various (under $50) Ryan Scott Howard Restitution (To be sent to County Treas.) Rebecca L. Johnson Restitution (To be sent to County Treas.) Bail Refund Bail Refund Bail Refund Ref #4391 (Case #IN0035354 TKP IT) Total Municipal Court 2010 Unclaimed Property Summary Report Page 3 Amount $227 67 85.29 $312.96 $46 61 22.43 60.60 62 00 $191 64 $62.15 120.00 100.00 600.00 500.00 1,100.00 174 69 $2, 656.84 $3,161.44 lej 08/12/2010 4:12 PM FINANCE AND SAFETY COMMITTEE Meeting Minutes September 8, 2010 5:00 p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: De' Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy Staff: Shawn Hunstock, Peggy McCarthy, Don Lincoln, Lavern Peterson, Steve Lancaster and Kimberly Matej CALL TO ORDER: Chair Quinn called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: False Alarm Fines Police Department staff is seeking Council approval of an ordinance that would amend the Tukwila Municipal Code regarding False Alarm Fines. Currently, two false alarms are allowed per calendar year at no charge. A third and any subsequent false alarms are charged at $25.00 per false alarm. The draft ordinance proposes the fine amount be raised to $75.00 per false alarm response. Assistant Chief Lincoln reported that the Police Department invoiced for 376 false alarms in 2009, at a cost of $25.00 per false alarm totaling $9,400. The increase to $75.00 would have resulted in an invoiced amount of $28,200. In response to this information, Committee Chair Quinn requested that the number of false alarm invoices be provided for the past five years so that the Committee can view the false alarm call history. The Committee expressed an interest in exploring this item further and considering different fines assessments including, but not limited to: alarm permitting, residential versus non residential and graduated fines. Assistant Chief Lincoln briefly discussed the false fines in surrounding jurisdictions, and the Committee requested a presentation of false alarm fine comparisons to other jurisdictions. After discussion, Committee members requested this item return to Committee with additional alternatives to assess false alarm fees as discussed above. Staff confirmed there is no significant time frame in which this item needs to be considered. RETURN TO A FUTURE FINANCE AND SAFETY COMMITTEE MEETING. B. Resolution: Cancellation of Past Due Outstanding Warrants Staff is seeking approval of an annual resolution writing -off unredeemed and outstanding items which will be reported to the Washington State Department of Revenue by November 1, 2010. This includes the cancellation of outstanding General Fund Claims and Payroll Checks, Municipal Court Checks and Foster Golf Gift Cards. This year's cancellations total $6,845.70. All cancellations will be remitted to the Washington State Department of Revenue Unclaimed Property Section. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 13 COW. C. Recommendation for Use of City Property As an information only item, staff is briefing the Committee on a draft resolution which supports use of the building located at 14475 59 Avenue South (most recently utilized as the Tukwila Library) by the Tukwila Historical Society for the storage and display of collections and other appropriate artifacts as related to Tukwila's history. This item was forwarded with unanimous approval by the Community 202 Affairs Parks Committee to the September 13 COW for discussion. I CAS NUMBER: 10-103 Fund Source Comments: MTG. DATE 9/13/10 10 -103 AGENDA ITEM TITLE Parks and Recreation Program Reductions CATEGORY Discussion Motion n Resolution Ordinance Bid Award n Public Hearing n Other Mtg Date 9/13/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date ISP Council Mayor Adm Sacs DCD Finance Fire Legal P&R Police P1 SPONSOR'S Parks and Recreation Administration will brief the City Council on its analysis of recreation SUMMARY program costs, and identify likely program reductions and other program changes to implement Council policy direction and achieve 2011 -2012 budget savings. RI MEWED BY COW Mtg. I Utilities Cmte EXPENDITURE REQUIRED COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by M o t review 09/13/10 RS N1 ITEM INFORMATION CA &P Cmte Arts Comm. AMOUNT BUDGETED ORIGINAL AGENDA DATE: SEPTEMBER 13, 2010 n F &S Cmte Parks Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department COMMITTEE Information Only •COST IMPACT I FUND SOURCE RECORD OF COUNCIL ACTION MTG. DATE J ATTACHMENTS 9/13/10 I Informational Memorandum dated 9/8/10, with attachment ITEM No. 4 n Transportation Cmte Planning Comm. APPROPRIATION REQUIRED 203 204 TO: Jim Haggerton, Mayor Tukwila City Council FROM. Rick Still, Director of Parks Recreation DATE: September 8, 2010 SUBJECT: Recreation Program Service Reductions Variable Cost Analysis ISSUE Staff will brief the City Council on its analysis of recreation program costs, and identify likely program reductions and other program changes to implement Council policy direction and achieve 2011 -2012 budget savings. BACKGROUND City of Tukwila INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor In March, the City Council requested that staff identify measures necessary to reduce the Parks and Recreation Department budget by $448,000. Since that time, it has become evident that additional reductions will be necessary due to lower- than anticipated savings in the citywide cost of employee compensation. This memo will identify approximately $400,000 in recreation program reductions and $155,000 in net new program revenue, for a total budget savings of about $555,000 per year. Achieving these savings will involve a reduction in part -time staff as well as a reduction of 3.0 FTEs in our regular full -time recreation staff. The analysis described by this memo will be relied upon when staff formally presents its departmental program reduction proposal later this month, which will include proposed reductions in parks maintenance and administration as well as recreation programs. Changes to recreation programs identified by this analysis include: eliminating some programs; reducing the hours or otherwise reducing costs of program offerings; consolidating programs; increasing fees; and creating a cost differential for non resident participants. These changes are based upon the policy direction provided by the City Council at its July 6, 2010 meeting which can be summarized as follows: 1. Fees established for recreation programs should recover direct costs and a significant share of indirect costs to the extent as possible without "pricing out" significant numbers of resident participants. 2. Where general fund subsidy of recreation programs is allowed, preference should be given to programs for Youth and Teens, then Seniors with little subsidy for General Programs and full cost recovery (direct and indirect) for Facility Rentals. 3. Non resident fees should cover all direct costs and a significant share of indirect costs but not to the detriment of offering programs for our community, i e. to meet minimum participants to offer the program. 4. Resident non profits should be allowed free room usage at TCC, while City Departments should be charged for their room use. 205 INFORMATIONAL MEMO Recreation Programs Services Review Page 2 ANALYSIS: Staff has undertaken an extensive analysis of all recreation program costs and revenues. Our analysis focused on "variable costs," or those costs that can readily be reduced by eliminating or modifying specific recreation program offerings. The results of this Variable Cost Analysis are presented by Exhibit 1 and explained below. Columns "A" through "H" represent actual costs, revenue and program participation for 2009, which form the base for the study. Columns "I" through "P" represent projected 2011 costs, revenue and program participation, based upon the following assumptions: Assumptions made for this study are: 1. The same programs would be offered in 2011 as in 2009, except where reductions or modifications were made. 2. The number and type of participation (resident and non resident therefore, the percent of resident participants) in 2011 would be the same as in 2009. 3. The number of participation hours for the programs would be the same, except where noted. 4. The fees in 2011 would follow the policy direction as recommended by the City Council on July 6th 5. The 2011 full time staff costs used were for all the staff working the entire year. While in 2009, three positions were vacant ranging between 2 -1/2 and 5 months. Definitions to assist in understanding the Variable Program Cost study are as follows: 1. Variable Program Costs Program costs (part -time staff, supplies, contracted services, admission fees, and etc.), full time staff directly overseeing the program and all full time support staff and administration staff. (Columns A 1) 2. Program Revenue Participation fees to attend the program; 2011 revenue includes non resident fees. (Columns B J) 3. Net Program Costs The Variable Program Cost minus the Program Revenue. (Columns C K) 4. Total Participation Hours Number of participants multiplied by the number of hours the program is offered. (Columns D L). 5. Resident Participation Average Average number of residents registered for the program. (Columns E M) 6. Resident Participation Resident Participation divided by the total number of participants. (Columns F N) 7. Cost Per Resident Participation Net Costs divided by the Resident participation. (Columns G 0) 8. Cost Per Resident Participation Hour Net Costs divided by (the Total Participation Hours multiplied by the Resident Participation (Columns H P) 20 6 RecProgramReducfionsIn foMemoSTEVESept 13.doc INFORMATIONAL MEMO Recreation Programs Services Review Page 3 Analysis 1. Staff completed a thorough analysis of every number in each column for each program to verify that: a) we could provide a quality program with the reduced expenditures; b) the participation fee will accomplish the policy direction; c) the cost per resident for each program was reasonable; and d) the cost per resident participation hour was reasonable. 2. Staff used these numbers to evaluate costs between similar programs. The numbers helped assist in making additional budget reductions or fee increases; or to eliminate the program. This was an additional method of verifying the comparative value of each program based upon the cost recovery and upon the social, educational, economic, and environmental benefits for the program. 3. Program and Service eliminations are recommended based on the analysis of each column in Exhibit 1 "I" through "P" individually, while implementing the City Council's direction mentioned above. Programs being eliminated are identified in PINK with a strikcout. 4. There are three different color codes to understand. Green: Three current Senior programs (rows #26, #42 and #44) are combined into one program for 2011 #42). The 64 activities that were offered in 2009 will be reduced to 30; staff will work with the participants to finalize what programs will best meet their needs. These programs are of similar structure with similar staffing needs. Orange: Senior Open Gym (row #35) and Adult Gym #63) are combined with the Fitness Room line item #60). They are similar programs with similar type of reductions and the main reason for combining them is the revenue line item is the same for all three of them but the expenditures have been tracked separately. Light Green: Meals -on- Wheels (row #34) and Pet Food Bank #36) will remain separate but they are coordinated together. The Pet Food Bank was established to ensure that Meals on Wheels participants do not sacrifice their meals to feed their pets. CONCLUSION Staff completed a thorough review of all Recreation Division programs and services offered to our community. Specific program changes indicated by that review are reflected by Exhibit 1, attached. The following table represents a summary (by recreation program section) of the proposed reductions for Recreation programs and services. RecProgramReductionslnfoMemoSTEVESept 13.doc 2011 Recreation Program Service Reduction Proposal Overview Recreation Division Budget $2,480,063 Program Section Budget Youth Teens 642,167 Expenditure Reduction $402,513 Expenditure Reduction 106,485 Increased Revenue 154,860 Increased Revenue 53,704 207 INFORMATIONAL MEMO Recreation Programs Services Review Page 4 Seniors 313,342 143,150 5,442 General Programs 352,736 68,136 2,068 Facility Rentals 338,111 13,679 88,646 EventsNolunteers 299,675 71,064 5,000 RECOMMENDATION No action is needed at this time. Staff will formally propose Parks and Recreation program and service reductions for 2011 and 2012 later this month. The forthcoming proposal will include proposed reductions in department administration costs and park maintenance and operations costs as well as the recreation program cost reductions described by this memo and exhibit. ATTACHMENTS Exhibit 1: Variable Cost Analysis study. 208 RecProgramReducfionsIn foMemoSTEVESept 13.doc Program or Service CO Vanable Cost Analys s 9 -8-10 Exhibit 1 SUBTOTAL 2009 Variable Program Costs Prg Cost+Direct Class Rev. Staff Rec "Admin YOUTH•& TEEN PROGRAMS 1'Adventure Camp (10 weeks) 67,385 2 lAfterSchool Program (33 weeks) 67,203 'Birthday Pa 6' 4 Camp Tukwilly (10 weeks) 5 Dr Seuss Night 6'Early Birds (33 weeks) East& E Hunt;, 8 tadicglitOut;' 10 1 No School Day Camp 11 'Parents Night Out 12 'Special Pops Socials 3'Spring =_k Camp'(Tecn) 14 'Spring Break Camp (Youth 5 days 15 'Summer Sack Lunch 16 'Teen Late Night (20 nights 4 hrs.) 17 'Teen Late Night Events (6 events 411 18 (Teen Open Gym (90days) 19 (Teen Summer Camp (10 weeks) 20 (Teen Summer Kick Off Festival 21 1Up All Night BB Tournament 22 (Winter Break Camp (Youth) 23 'Gymnastics (offsitc) Recreation Programs and Services Variable Costs Analysis Study A I B 1 C 1 D I E IF I G 1 H 1 :'1 2009 2009 Cost Resident 2009 2009 Per 2009 2009 Net 2009 Total Participa- Resident Cost /reside Resident Program Program Participa- tion Participa- ntfor Participa Revenue Costs tion Hours average tion program tion Hour 128,785 5,923 43,372 6,466 7 "42 6,751 5,348 5,506 12,059, 25,547 7,836 33,803 15,170 19,187 62,348 13,048 7,870 8,065 560,315 38,502 39,223 1,060' 92,095 7,265 2,623 1,766 75 1 ;365=, 5,560 3,873 21,038 383 826 4,520 223,251 A -B 28,883 27,980 4-S8t 36,690 5,923 36,107 ;212: 4,128 3,582 5,431 10,694„ 19,987 7,836 29,930 15,170 19,187 41,310 12,665 7,044 3,545 1,183- 337,065 ours Offered X participants 36000 68200 409 175000 42000 22500 X2889 ,,.64999 2660 16 1200 14 180 2 3564: .4449 'r 8400 50 15000 98 37800 65 12000 82 7200 17 25080 7 2700 143 1760 28 3040 11 529,561 1 3644 "Total Resident# participants* Total C/ .C/ -0'N Res 56 participants 33 83% 870 0.97 1 31 100% 903 0.41 75944.;'.'. 44 35% 839 0.60 595 85% 10 0.17 25 100% 1,444 1.60 7§6' 78% 265 1.99 1, 68% 263 4.39 16% 2,263 188.59 '73%, -s 83% 401 2.87 65% 80 0.80 65% 460 1.22 82% 185 1.54 83% 1,156 3.21 28% 6,147 5.88 1 95% 89 4.94 50% 256 8.00 53% 5886■ 334 2.20 1 1' Prg Cost +Direct Staff Rec Admiri 2011 Variable Program Costs 61,760 74,023 91k'. 120,972 5,112 45,528 6,160 1;733` 6,033 4,410 6,727 12,059 20,281 5,284 32,684 12,822 7,680 38,030 4,968 3,456 4,060 490,999 2011 Program Revenue Class Rev. 44,502 42,373 107,095 8,885 4,303 2,306 75 1,3rs' 6,300 6;573 2,700 2,400 38,030 4,968 1,826 4,620 1,229 282,458 17,2581 360001 33 31,650 1 682001 31 2 ;255 4881 2 13,877 175000 44 _5,112 42000 595 36,643- 22500 25 '540b. 2'42 445 28 1,730 2660 16 2,104 1200 14 6,652 180 2 10,694 1560 1110 13,981 8400 50 -5,284 -15000 98 26,111 37800 65 10,122 12000 82 5,280 7200 17 0 25080 7 0 2700 143 1,630 1760 28 (560) 3040 11 208,541 529,561 -3644 EXHIBIT 1 83% 100% 'fin' 35% 85% 100% 78% 68% 16% 73%.' 83% 65% 65% 82% 83% 28% 95% 50% 53% 50% September 8, 2010 I 1 1 1 K 1 L I M I N 0 P I -2011 2011 2011 2011 Net 2011 Total Resident Resident Cost /resi Program Participa- Participa- Participa- dent for Costs tion Hours tion tion program Hours Offered T otal Resident I -1 particlpant5X Total K/M K /L'N X #"partlNpanis Res participants 520 1,021 1,478 317 9 1,466 151 111 155 2,772 281 54 402 123 318 0 0 59 (53 789 Spreadsheet 1 of 4 2011 Cost Per Resident Participa- tion Hour 0.58 0.46 25.91 0:23 1 0.14 1 1.63 1 161 ?.15 0.83 1 2.58 230.98 2.01 0.54 1.06 1.03 0.88 0.00 0.00 1.85 (0.35) 10,95 1 210 Program or Service 'SENIOR PROGRAMS 1 24' Bridge 1 Ucfcnsiyc Driving,(1%yr) r", n Y 1 II. MT "TH, 2§ Oirtncr;0 gYnfiirlrrcl,wttii,l`r 0 2009 Variable Program Costs 3,022 27 1Duwamish Curve Cafe 48 weeks (31 87,969 28■115mcrald City VOaIl 2;9-1 29 'Free Fitness Room 829 30 1friday Shoppers. 2,373 31 'Health Nurse 1,301 32 'Lifetime Fitness 12,214 33 !Line Dance 6,307 34 'Meals on Wheels (MOW) 10,160 35 Open Gym Volleyball lcamnm awenovasr� 36 Pet Food Bank (works with MOW) 1,632 37 'Pinochle 843 ,3$1PokerV,BalIT 391Scnior Co cd Softball "d 6;79 F. 4 1 M: :5:ftbbll 41 (Senior Painting 42 1Seniop:T Dtnn 43 (Senior Volleyball League 441So`65l (Cbirb 1) d`k7i s 43'Square Dance 46 Thanksgiving 47 Tukwila Trailers 48 1Wii Bowling 1 SUBTOTAL Variable Cost Analysis 9 -8 -10 Exhibit 1 A B 1 C I D 1 E 2009 Resident 2009 2009 Net 2009 Total Participa Program Program Participa- tion Revenue Costs tion Hours average 2 2 12,hC5 5,016 60,143 11,590 ;094. o '803. 3,181 32,090 2,502 299,413 17,399 4,764 1,104 37 625 14,793 2,685 2,015 I 3,022 1 4800 ;390;'1. 576 70,571 I 12960 A1,1, 384 829 1 750 37311,'` 689 1,301 1 1188 7,450 1 6000 5,203 1 2450 10,160 1 2964 1: 7200 1,632 1 42 843 1 1200 6 279',1 10;165' 4,391 1 45,350 1 9744 8,905 I 9480 7;328.,-1. 4:260 6;309,.1 28W 3,181 1 2880 30,075 I 3600 1 2,502 1280 576 50,772 248,641 74,862 Recreation Programs and Services Variable Costs Analysis Study 1 16 10 9 18 3 19 7 5 5 13 1 90 2 1 250 IF 1 G 1 H 1.1 2009 Cost 2009 2009 Per Resident Cost /reside Resident Participa- nt for Participa- tion program tion Hour 5% 53% 100% ;100% 50% 46% 22% 100% ,.144 100% 40% 58% 48% 1% 4,438 83 ;-91 145 405 1,689 535 _;'35 233 176 2 ,517 6,270 10,16$ 946 3,365 11,272 1 6,306 35 14,743 I 2,502 1 11 J 1 K IL 2011 Variable Program Costs 12.59 1 2,898 62.86f1 1 yL�t r. x�r 10.27 1 61,140 1.11 1.; 363 2, v 5 ,2 -a 2.19 1:: 1,179 2.70 10,256 9.65 1 4,484 3.43 11,631 11'1:09' 1,339 38.85 1. 1,678 1.76 1 696 ,218.10.1 .3, 20.00 6,774; 12,105 5.91 1' 4,903 9 67 1' 1 27,459 93.931, 1,908 14.89 1 `225.311 1.47 1 2,579 49 14 I. 23,296 I 434.35 1 1,794 1 212,694 2011 Program Revenue 3,750 19,000 500; 9,000 2,104 3,600 2, =98: 2,425 44:40 1,820 300 3,215 80 63,601 2011 Net Program Costs 2011 2011 2011 2011 Cost 2011 Total Resident Resident Cost /resi Per Resident Participa- Participa- Participa- dent for Participa- tion Hours tion tion program tion Hour (852)1 4800 1 3;3961 576 89_ 4 42,140 8640 16 384 34 750 10 699 3 1188 9 6000 18 2450 3 2964 19 7200 4: 42 7 1200 5 708' 1 426 4, 980 1 1280 5 88 9480 1 --H7 ,5 46 '6 ;309 3800 2,279 2880 90 20,081 36001 5 1,714 5761 1 149,094 70,542 253 363 2 ;373 1,179 1,256 2,380 11,631 1,032 1,678 (2,904) 3,988 6,273 10,165 2,478 EXHIBIT 1 September 8, 2010 I M I N 1 0 1 P I 5% 50 %k 73% 53% 1 2,650 100% 100% 50% 46% 22% 100% 194' 100% 40% 2 4 4 4' 58% 1% 44' 3 75% 42% 1% 1 (710)1 1, 1, 130 1-' -190 36 791 131 68 773 612 4,032 240 (605) 2,617, 6,279 10,165 534 111 71.-5 6,309 25 3,984 1,714 o Spreadsheet 2 of 4 (3.55)1 "_1.77 62.86 1 9.20 I 627.96 1 0.48 1 1.99 0.45 1 4 42 1 3.92 1 39.95 (6.05) 218.10 1 2 x.901 1,037.28 1 3.34 1 ''.,1353 1 0.92 1 1 1 2 25.31 1 1.06 13.28 297.53 1 212 2009 Variable 2009 Program Program Costs Revenue Program or Service !GENERAL PROGRAMS 49 'Preschool 2 year olds 12,403 50' Preschool 3 year olds 18,680 51 'Preschool 4 year olds 32,632 52 'Preschool Summer Camp 2,928 53 'Hoop Shoot contest 2,109 54 I Kids Closet 1,733 55 'Playground Program 8,401 56 'Tot Time 1,159 57 1YT BB League 119,110 58 Ilvlisceuaneous classes (30 139 -934 Sa}" TUrkc ball TouFn 1 y cy 60 'Fitness Room (open to Public 4590) 70,510 61 IRaquetball Court open to 9,695 'Adult Co ed S'oftb3Il Lg.' ;;C,661 63 Adult open gym basketball /volleyb4 3' 64 Adult VB Lg Fall 1 2,779 65 'Adult VB Lg Spring 1 2,779 66 'Adult VB Lg Winter 1 2,779 SUBTOTAL] 441,512 Variable Cost Analysis 9 -8 -10 Exhib0 1 I A I BI C 9,000 9,500 10,079 1,506 520 174 26,350 51 763 68,838 6,697 1;9416= 1,841 1,842 1,842 194,875 2009 Net Program Costs 3,403 9,180 22,554 1,422 2,109 1,213 8,401 985 92,760 88,171 1,- 1,672 2,998 y 7,662' 938 937 937 246,638 ID I E 2009 Resident 2009 Total Participa- Participa- tion tion Hours average 1890 2880 5022 572 200 1200 11760 360 22000 20137 499 29488 1321 1 74109 3840 3840 3840 117,428 Recreation Programs and Services Variable Costs Analysis Study 8 11 10 8 20 150 40 3 33 11075 7 2.1 10 10 10 11,409 I F I G I H I 2009 Cost 2009 2009 Per Resident Cost /reside Resident Participa- nt for Participa- tion program tion Hour 53% 63% 54% 58% 40% 75% 100% 95% 33% 55% 65% 70% 428 810 2,320 189 105 8 210 346 2,811 8 ±r; 257 1,428 'b6 98 98 98 3.40 i_, 5.06 1- 8.32 1 4.29 1' 1.35 2.88 12.78 7.96 1 26 -93, 0.09 3.24 24t 2.441' 2.44 1 2.44 1' EXHIBIT 1 September 8, 2010 II 1 1 K 1 M 1 N I 0 I- P I 2011 2011 2011 2011 2011 Cost Variable 2011 2011 Net 2011 Total Resident Resident Cost /resi Per Resident Program Program Program Participa- Participa- Participa- dent for Participa- Costs Revenue Costs tion Hours tion tion program tion Hour 9,239 11,200 (1,961) 18901 8 53% (247) (1.96)1 16,475 9,500 6,975 28801 11 63% 615 3.841 32,338 10,079 22,259 50221 10 54% 2,290 8.21 2,589 1,746 843 5721 8 58% 111.79 2.54 1,563 300 1,263, 200 20 40% 63.14 15.78 1,275 520 755 1200 150 75% 5.03 0.84 5,915 5,915 117601 40 100% 147.87 0.50 938 174 763 3601 3 95% 267 78 2.23 82,666 27,650 55,016 220001 33 33% 1,667 7.58 133,423 52,013 81,410 201371 11075 55% 7.35 7.35 1,55,,,' 4 1' 3 3°6 215.47 26.93 70,316 68,838 1,478 294881 7 65% 227 0.08 8,885 6,697 2,188 13211 2.1 70% 1,042 2.37 ''-099'1 7-6 _._'.367$1:,,.3 123 2!'.5 -"b 6,315' '59981 48 50% 631 2-53 2,585 2,741 (156) 38401 10 10% (16.20) (0.41) 2,585 2,742 (157) 38401 10 10% (16.31) (041)1 2,585 2,742 (157) 38401 10 10% (16.31) (0.41)1 385,912 201,864 184,048 117,428 11,409 I Spreadsheet 3 of 4 214 Program or Service RENTAL PROGRAMS 67 City No Charge (159 groups) 68 Non Profit No Charge (116 Groups) 69 1 Rentals facility (1701 groups) 70 'Rentals shelter (138 groups) 71 'Rentals ball field (463 groups) 'VOLUNTEER EVENTS PROGRAMS, 72 'Volunteers Group Events (25 4501 9,464 1 73 Volunteers Individual Events (8200 48,953 people 12,701 hours) ,�4 Isyee4Banquet 75 'Backyard Wildlife Fair 76 (Family Fourth at the Fort 78 (Other Events (14) 1 01 1 SUBTOTAL SUBTOTAL( ".TOT/�L1 Variable Cos! Analysis 9 -8 -10 &hbi! 1 A 1 B 1 C I D 1 2009 Variable Program Costs 14,753 5,796 226,627 7,083 2,276 256,535 I 1 32,767 1 82,284 1 37.456 1 268,919 L826,694 2009 Program Revenue (22,723)1 (11,578)1 277,964 1 5,485 1 3,980 1 253,128 Value of Volunteer Hours 173,676 48,953 8200 301;722 d e" 95,331 1 2009 Net 2009 Total Program Participa- Costs tion Hours 37,476 1 99001 17,374 1 11601 (51,338)1 1951681 1,598 1 68291 (1,704)1 202101 3,407 233,267 9,464 14501 L ----I4 I 15,515 1 17,252 1 45001 10,000 1 72,284 1 400001 4.200 1 33,256 1 4001 236,204 61,726 1'071;954- TOTALS 11251 Recreation Programs and Services Variable Costs Analysis Study E I F I G I H 1 1 2009 2009 Cost Resident 2009 2009 Per Participa- Resident Cost /reside Resident tion Participa- ntfor Participa- average tion program tion Hour 15 10 12 50 5 92 105 195% 1 90.56 6560 80% 11,658 1 100% 1 2,4981 1 100% 1 1,737 1 49% 1 1 1 93% 1 32 1 1 18% 1 (379)1 7 46 7 46 ,27,054' Reduce /Modify Programs A -I Eliminate Programs =Add all "pink" lines Total NET Change New Recreation "Program" Total 2011 Variable Program Costs 1 2011 Program Revenue 2.21 1 1 9,460 1 95,331 1 9,460 14501 1 105 95% 1 90.52 1 2.21 1 3.791.1 13,6051 22,7231 (9,118)1 99001 15 100% (608) (0.92) 14.98 3,9921 (11,578)1 15,5701 11601 10 1 100% 1,557 13.42 (0.54) 217,231 1 312,964 1 (95,734)1 1951681 12 1 49% (7,863) (1.00) 0.25 1 6,178 1 12,685 1 (6,507)1 68291 50 1 93% (130.14) (1.02) (0.47)1 1,851 1 4,980 1 (3,129)1 202101 5 1 18% (695) (0.86) 242856 341774 (98,918) 233267 92 I Value of Volunteer Hours 51,636 173,676 1 17.. 1;066: 67 1" '2 13:33I 488 1 65% 1 35.39 1 5.90 1 33,544 1 15,515 1 4000 1 80% 1 18.07 1 2.26 1.1 82,301 1 13,000 1 409'xf' .249, 1 17:91' 1 1' 15,995'.1 2,998 95 1 95% 1 350.07 1 87.52 1 20,914 1 9,200 1 255,849 309;;722 1,588,311 k ;19,y,;, (238,383) k'!a f*1 (164,130)1 H.(zoj811) (402,513) 154,860 1,424,181 1,178,608 K I L I 2011 Net Program Costs 2011 2011 2011 2011 Cost 2011 Total Resident Resident Cost /resi Per Resident Participa- Participa- Participa- dent for Participa- tion Hours tion tion program tion Hour 51,636 8200 6560 12,000 11125 18,029 14500 69,301 140000 12,995 1 3,008 11,714 1400 215,134 61,726 11658 657,900, „•1 012;524, 27057= (414,054) Net Change (143,319) Net Change (557,373) Total Net Change EXHIBIT 1 September 8, 2010 M 1 N 1 0 1 P I 80% 7.87 7.87 5.,, 1 1,067 1 488 1 65% 1 36.981 4000 1 80% 1 17.331 1'.1 107'1 95 95% 1 123.31 1 NET Exp 1 Net Rev 1 Total GF savings 1 Spreadsheet 4 of 4 213.33 I 6.16 1 2.17 17.91 30.83 216 13th (Monday) Community Affairs Parks Cmte, 5 00 PM (CR #3) City Council Executive Session, 6:00 PM (Council Chambers) City Council Committee of the Whole Mtg., 7'00 PM (Council Chambers) Transportation Cmte, 5 PM (CR #1) City Council Regular Mtg., 7:00 PM (Council Chambers) 14th (Tuesday) Utilities Cmte CANCELLED Tukwila International Boulevard Action Cmte, 7:00 PM (Community Center) Upcoming Meetings Events SEPTEMBER 2010 15th (Wednesday) Lodging Tax Advisory Cmte, 12:00 NOON (Embassy Suites Hotel, 15920 W Valley Hwy.) Parks Commission, 5.30 PM (Community Center) Library Advisory Board, 7:00 PM (Foster Librar)) .'20thf(Moriday)'` ;:21'st; (tuesdav)' ::ft :22nd '(Wednesday) '23rd (Thursday)'.': '24th fFriday) r "25th. (Saturda') Finance Safety COPCAB, Cmte, 6.30 PM 5 PM (CR #5) (CR #3) 16th (Thursday) Domestic Violence Task Force, 12:00 NOON (Human Services office) Tukwila Historical Society, 7 PM (old Tukwila Library at 14475 59th Ave. S.) Planning CANCELLED 17th (Friday) Human Services Providers, 11.30 AM (Community Center) License your pet now —avoid fines later. A PET LICENSE AMNESTY PERIOD is now underway, giving pet owners until SEPTEMBER 30, 2010 to license previously unlicensed pets or renew expired licenses without facing these fines. Take advantage of this grace period by licensing your pet online, or coining to the City Clerk's counter at Tukwila City Hall (8:30 AM to 5 PM, Monday through Friday). Call 206 433 -1800 or visit http:// www. ci. tukwila.wa.us /clerk/petlic.html for more information. 18th (Saturday) Duwamish Hill Preserve Grand Opening 1000 AM to 1:00 PM (3800 South 115th St) Join the City of Tukwila, Cascade Land Conservancy, and the Friends of the Hill to celebrate the opening of the Duwamish Hill Preserve. The family friendly event will include tours of the Hill and other activities, as well as a BBQ For more information visit 1f wYID. tukwila. wa. us and click on "Headlines." Tukwila Int'I. Blvd. Action Cmte's Trash Pickup Day 9:00 10 AM For location contact Rick at rick@aforschler.org Arts Commission: 1st Tues., 5.30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Hinthorne at 206 575 1633. >City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3 Agenda items for 9/13/10 meeting: (A) Contract for stakeholder outreach for the Tukwila Urban Center. (B) 2010 2nd Qtr Reports. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206 433 7175). Domestic Violence Task Force: Qtrly, 12 NOON (2010 3/18, 6/17, 9/16, and 12/16). Contact Stacy Hansen at 206 433 7181 Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. Human Services Providers: Quarterly, 11.30 AM, TCC (2010 3/19, 6/18, 9/17, and 12/3). Contact Stacy Hansen at 206 433 718/ Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library Contact Stephanie Gardner at 206 767 2342. Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzrnran at 206 Parks Commission: 3rd Wed., 5.30 PM, Senior Game Room at Community Center Contact Stephanie Gardner at 206 767 2342. Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov Dec., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 431 3670. Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1 Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 433 1860. >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1 9/14/10 meeting has been cancelled. 217 218 MO 6t Labor Day (City offices closed) October Tentative Agenda Schedule November 25th Thanksgiving Day (City offices closed) 26th Day after Thanksgiving (City offices closed) .MEETING 1= MEETING.;2 MEETING 3 MEETING 4 REGULAR. C:O.W: REGULAR C.O.W., 7 (Tuesday) 4 Unfinished Business: Recommendation from Fire Exploratory Committee 1 Special Presentation: Financial status report for 3rd quarter Unfinished Business: Review City-wide revenue projections and departmental requests 13 See agenda packet cover sheet for this week's agenda (September 13, 2010 Committee of the Whole Meeting) 11 Special Issues: Budget discussion (public meeting format) 8 Special Issues: Review City-wide revenue projections and departmental requests 20 Special Presentations: Employee recognition awards Update on Somali Community Services Coalition Proclamation: Mayor's Day of Concern for the Hungry Unfinished Business: Renewal of gambling moratorium Comprehensive Plan amendments Old City Hall Cultural Heritage Center Tukwila 205 Levee Repair, Lily Pointe, easement interest payment Resolution ordering the cancellation of past due accounts receivable 18 15 Unfinished Business: Review City-wide revenue projections and departmental requests 27 Special Issues: Budget: Proposed program reductions 25 Special Issues: Review City-wide revenue projections 22 Public Hearines: Tax levy ordinances 2011 -2012 budget Special Issues: Tax levy ordinances 2011 -2012 budget ordinance 2010 budget amendment ordinance 2010 CIP resolution COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING Special Meeting Unfinished Business: Tax levy ordinances