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HomeMy WebLinkAboutReg 2010-09-20 COMPLETE AGENDA PACKET ("0/41LA 1 1 qs Tukwila City Council Agenda c REGULAR MEETING J Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez 190 Steve Lancaster, City Administrator Allan Ekberg Verna Seal Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn Monday, September 20, 2010; 7:00 PM Ord #2307 Res #1724 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Award of Recognition for Tukwila Walk and Roll Plan Richard Hart, PRESENTATIONS City of Covington, on behalf of the Planning Association of Washington b. Employee Recognition Awards Steve Lancaster, City Administrator c. Introduction of Brent Frank, Entry Level Police Officer David Haynes, Police Chief d. Presentation of Proposed Budget Format Shawn Hunstock, Finance Director 3. PROCLAMATION A proclamation declaring September 25, 2010 as "Mayor's Day of Pg.1 Concern for the Hungry." 4. 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. 5. CONSENT a. Approval of Minutes: 9/7/10 (RegularMtg.) AGENDA b. Approval of Vouchers. 6. UNFINISHED a. A resolution relating to the preservation, protection and use of the former Pg.3 BUSINESS Tukwila Grade School /Tukwila City Hall building for heritage and culture to provide community service, strengthen City tourism and foster civic pride. b. Authorize the Mayor to sign the real estate purchase and sale agreement Pg.15 with the King County Flood Control Zone District and Lily Pointe Investments, LLC for the interest portion of easement acquisition, in an amount not to exceed $75,000.00. c. An ordinance renewing a moratorium on the filing of applications for Pg.17 development permits for food or drink establishments conducting social card game gambling activities. d. Comprehensive Plan amendments: Pg.21 (1) An ordinance amending the Comprehensive Land Use Map for property Pg. located at 3914 South 115 Street from Low Density Residential (LDR) to Office (0) and adjacent tax parcel #1023049072 from Manufacturing Industrial Center /Light (MIC /L) to Office (0). (2) An ordinance rezoning certain real property located at 3914 South Pg.33 115 Street from Low Density Residential (LDR) to Office (0) and adjacent tax parcel #1023049072 from Manufacturing Industrial Center /Light (MIC /L) to Office (0). (continued...) BLANK REGULAR MEETING Monday, September 20, 2010 Page 2 6. UNFINISHED Comprehensive Plan amendments (continued) BUSINESS (3) An ordinance amending the Comprehensive Land Use Map for certain Pg.43 (continued) real property located at 4300 South 133rd Street from Commercial Light Industrial (CLI) to Medium Density Residential (MDR). (4) An ordinance rezoning certain real property located at 4300 South 133rd Pg.51 Street from Commercial Light Industrial (CLI) to Medium Density Residential (MDR). (5) An ordinance establishing zoning that is consistent with existing Pg.59 Comprehensive Plan designations for 259 acres of real property referred to as the Tukwila South annexation area. e. A resolution authorizing the cancellation of outstanding General Fund claims Pg.81 and payroll checks, Municipal Court checks, and Foster Golf gift cards. f. Discussion of Community Events. Pg• 7. NEW BUSINESS 8. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433- 1800/TDD 206 248 2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. 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. Office of the Mayor n�? Tukwila, Washington �I 90 PROCLAMATION WHEREAS the City of Tukwila recognizes adequate nutrition as a fundamental need of each citizen; and WHEREAS, no parent should have to send a child to school hungry; no baby should be without the comfort of feedings needed for mental and physical growth; no elderly person's health should be jeopardized by lack of appropriate nutrition; and WHEREAS, food banks, emergency feeding programs, hot meal programs, local churches, social service agencies, and hundreds of volunteers are striving day in and day out to stem the rising tide of hunger, yet there is still more to be done; and WHEREAS, we believe that when the citizens who are not involved hear of the desperate needs of the hungry as winter approaches, and low incomes must stretch to cover increasing fuel, electricity and rental costs leaving even less money for monthly food purchases an outpouring of community assistance will follow; and WHEREAS, the Emergency Feeding Program coordinates an annual food drive at grocery stores throughout King County to help support the efforts of their program and the local food banks in fighting hunger; NOW, THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, do hereby proclaim Saturday, September 25, 2010 as: in the City of Tukwila, and encourage all citizens to support the Emergency Feeding Program and our 10 al food banks to nourish those who are hungry. Signed this _1 `7 day of C51-(0,0 2010. 2 CAS NUMBER: 10-092 AC; I:ND;\ ITEM TITLE C.\ I'I?GORY Discussion n Motion SPONSOR'S SUMMA \RY Fund Source: Comments MTG. DATE 08/23/10 09/13/10 MTG. DATE 08/23/10 Meeting Date 08/23/10 09/13/10 09/20/10 COUNCIL AGENDA SYNOPSIS Prepared by SL SL SL or geview l __Council review 1 l n ITEM INFORMATION 1 ORIGINAL AGENDA DATE: AUGUST 23, 2010 Recommendation for use of City Property Mtg Date 8- 23 -9/1 Mtg Date Mtg Date 09/20/10 Mtg Date Initials RI,\'II WI D BY COW Mtg. CA &P Cmte F &S Cmte n Utilities Cmte Arts Comm. Parks Comm. DA 1E: 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 COST IMPACT FUND SOURCE EXPI?NDPfURE REQUIRED AMOUNT BUDGETED $0.00 $0.00 ITEM No. Resolution Ordinance U Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD n Finance Fire n Legal P&R Police n PW 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. Transportation Cmte n Planning Comm. APPROPRIATION REQUIRED $0.00 RECORD OF COUNCIL ACTION Forward to Committee of the Whole meeting of 9/13/10 Forward to next Regular Meeting, with letters of support and meeting minutes, and 9/1/10 Info Memo. and amendment to Resolution for 5 year lease ATTACHMENTS 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 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 Reso u on in t na f Corm, with i etcers ur support and ,ounci i minutes and 9 Info 9/1 4 W: \Word Processing Resolutions \Old City Hall Resolution.docx SL:mrh City of Tukwila Washington Resolution No. 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 local 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 terns 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 Page 1 of 2 5 6 shall be for five (5) 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. 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 August 18, 2010 Dennis Robertson, Council President City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Dear Mr. Robertson: It is my great pleasure to support the proposal for renovation of the former City Hall /Old Library facility to become the Tukwila Center for Heritage and Culture. Tukwila holds a prominent role in the rich legacy of the Duwamish River Valley. I am interested in projects such as the Tukwila Center for Heritage and Culture and the inherent benefits they bring to the community safeguarding local heritage and contributing to the cultural vitality of South King County. In 2004, I was instrumental in the genesis of the South King County Cultural Coalition which seeks to increase the visibility and participation in South King County cultural programs by connecting artists, audiences, and cultural resources. I wholeheartedly support the efforts of the Tukwila Historical Society as they seek funding for this worthy project. The creation of the Tukwila Center for Heritage and Culture from the historically recognized building that was formerly a school, a city hall, and a library, is paramount for the preservation of our local South King County history. Thank you for your consideration of this important proposal. Julia Patterson King County Councitmember District 5 Cc: Mayor Jim Haggerton Pat Brodin King County Julia Patterson Councilmember, District 5 Metropolitan King County Council King County Courthouse, 516 Third Avenue Room 1200, Seattle, WA 98104 206- 296 -1005 Fax 206 -296 -1050 julia.patterson ©kingcounty.gov www.kingcounty.gov /patterson 7 8 MO MUSEUM OF HISTORY INDUSTRY August 27, 2010 Dennis Robertson Council President City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Jim Haggerton, Mayor 6200 Southcenter Boulevard Tukwila, WA 98188 Dear Honorable Mayor and Council President: It is my pleasure to write a letter in support of the proposal to renovate the former City Hall /Old Library facility to become the Tukwila Center for Heritage and Culture. Tukwila holds a prominent role in the rich legacy of the Duwamish River Valley. I am interested in projects such as the Tukwila Center for Heritage and Culture and the inherent benefits it brings to the community safeguarding local heritage and contributing to the cultural vitality of South King County. We are uniquely involved in every aspect to help encourage participation in local heritage programs. I fully support the efforts of the Tukwila Historical Society as they seek external funding for this worthy project since time is of the essence to apply for grants. The creation of the Tukwila Center for Heritage and Culture from the historically recognized building that was formerly a school, a city hall, and a library, is paramount for the preservation of our local South King County history. Thank you for your consideration of this important proposal. Sincerely, Leonard Garfield Executive Director 2700 24th Avenue East Seattle, Washington 98112 -2099 Phone. 206-324-1126 Fax: 206-324-1346 www seattlehistory.org RECEIVED EP 0 1 2010 CITY Ur i UKWILA MAYOR'S OFFICE Tukwila City Council Regular Meeting Minutes April 19, 2010 Page 2 of B One of the biggest challenges to face the City is the situation with the Howard Hanson Dam. Damage to the dam in early 2009 has resulted in a change in the way the Army Corps of Engineers controls the water pool behind the dam. Due to the potential for excess flows downstream, Tukwila and other valley cities were faced with significant unbudgeted expenses. The King County Flood Control Zone District has reimbursed some of the expenses, yet many of the costs have not been reimbursed. We will continue to pursue recovery of other expenses with the County, State, and Federal government. We are also working closely with King County and valley cities to push for more extensive temporary repairs and the quickest possible completion of permanent repairs to the Howard Hanson Dam. Intergovernmental teamwork is but one example of how well we partner with our neighboring cities. By working with the Cascade Water Alliance, we accomplished our objective of purchasing Lake Tapps to guarantee adequate future water supplies. Additionally, we are working with partner cities on the SCORE jail facility. King County will no longer provide jail services for area cities after the year 2012. The SCORE facility is progressing on time and on budget and should open in late 2011, which will result in lower daily jail costs to Tukwila and the partner cities. Mayor Haggerton represents the City on the Boards of both the Cascade Water Alliance and the SCORE jail facility. He also provides representation for the Valley Com. 911 Center, Enterprise Seattle, Suburban Cities Association, and the Association of Washington Cities, which are organizations instrumental in promoting the interests of the Tukwila community. Important accomplishments over the last year include construction of Tukwila International Boulevard, which is currently on schedule and on budget and anticipated for full completion by September 2010. The City also completed the installation of a new pump station in the Allentown neighborhood. Additionally, the Museum of Flight appears to be a finalist for being awarded a NASA Space Shuttle, and the final details are also underway for a new Aviation High School. The Mayor expressed pride at the way the City has faced the major challenges of the past year. While former City Administrator, Rhonda Berry has taken a new position with King County, we are pleased to have such a close friend in the Executive's Office. The Mayor thanked Shawn Hunstock, Finance Director, for his leadership and expertise in accepting the role of Interim City Administrator. The Mayor acknowledged those long -term employees who have been promoted due to their exceptional performance: Bob Giberson, Public Works Director; Robin Tischmak, City Engineer; and Stephanie Brown, Human Resources Director. The Mayor also relayed the City's good fortune in welcoming back those former employees who have returned to Tukwila: Nora Gierloff, Community Development Deputy Director; Joyce Trantina, Executive Assistant in the Mayor's Office; and Steve Lancaster, City Administrator. We are well positioned to succeed at the challenges ahead. Recently the Mayor attended a convention at a hotel in Tukwila where an attendee summarized Tukwila very well. She said the Tukwila Urban Center and the retail and commercial activity are assets that any City would welcome, but her perception was that away from all the hustle and bustle, Tukwila still has a rural, small town feel with all the trees, parks and trails. A true compliment to our City. The Mayor indicated he looks forward to working with the Council, staff, residents and businesses in the years ahead to address the challenges before us. We can and will make Tukwila an even better place to live, to work, and to raise our families. b. Proposed use of the former Tukwila Library for display of community history Pat Brodin, Chair of the Historical Society Pat Brodin, Chair of the Tukwila Historical Society and City employee, utilized a Powerpoint presentation to provide an overview of this issue. The former Tukwila Library (14475 59 Avenue South) is owned by the City of Tukwila and began as the Tukwila School in 1922 and then became City Hall from 1947 -1978. This building is also listed as an historic building with the National Historic Register. 9 10 Tukwila City Council Regular Meeting Minutes April 19, 2010 Page 3 of 8 The Tukwila Historical Society is asking the Council to consider use of this facility for an historical museum and culture and heritage center. The mission is to enhance the historical place our community holds in the Pacific Northwest by collecting, preserving and sharing the historical, archaeological and ethnological records that pertain to Tukwila and the local region. Mr. Brodin explained there are Tukwila documents, artifacts, and antiques currently being stored at the facility that could be put on display under the care of the Historical Society. Since the Historical Society is a non profit group, with 501(c)(3) status, there is the ability to apply for grants, so there will not be a need for the City to put funds toward this endeavor. Mr. Brodin introduced Louise Jones Brown, who is a member of the Historical Society and direct descendent of James Maple, who became one of the first white settlers on the Duwamish River in June 1851. Ms. Jones -Brown hopes the City will consider allowing the Tukwila Historical Society use of the former Tukwila City Hall as a heritage and cultural center. Tukwila has a rich history that began almost 160 years ago, and use of this building provides an opportunity to enrich the Tukwila community by creating a unique place to display, share, and protect historical items, as well as a place for citizens to gather and hold local events. Additionally, a partnership has been established with the Museum of History and Industry (MOHAI) and the Executive Director, Leonard Garfield. Mr. Garfield has agreed to become an advisor for this effort, making his expert staff available for consultation to the Tukwila Historical Society. The Tukwila Historical Society is also preparing to move forward on fundraising projects, with the intent of creating a Foster High School Scholarship and an annual donation fund to the Tukwila Food Pantry. Ms Jones -Brown indicated that many surrounding cities have an historical presence such as the Renton Historical Museum, the White River Museum in Auburn, the Des Moines Historical Museum, and the future Highline Historical Museum to be located in Burien. The former Tukwila City Hall has landmark status and would be an excellent choice to showcase Tukwila's history. Councilmember Hernandez inquired about whether the items at the facility are being stored in proper conditions. Mr. Brodin explained there had been some problems with moisture that have been resolved. Council President Robertson thanked Mr. Brodin and Ms. Jones -Brown for the excellent presentation. He would like this topic assigned to the Community Affairs and Parks Committee for staff to prepare an analysis of potential uses, to include costs and benefits. The Committee can then make a recommendation back to the full Council. Council consensus existed to forward the issue of potential uses for the former Tukwila City Hall to the Community Affairs and Parks Committee. PROCLAMATIONS A proclamation recognizing Volunteer Week Mayor Haggerton read a proclamation recognizing April 19 -23, 2010 as National Volunteer Week in the City of Tukwila and encouraged all citizens to recognize the outstanding volunteer spirit that exists in the City of Tukwila. Tracy Gallaway, Volunteer Coordinator, accepted the proclamation and thanked the Council for their support of the Volunteer Program. Tukwila City Council Regular Meeting Minutes April 19, 2010 Page 4 of 8 CITIZEN COMMENTS Pat Brodin, Chair of the Tukwila Historical Society, conveyed that the Tukwila Historical Society is affiliated with the South King County Cultural Coalition (SOCO). SOCO is comprised of over 70 arts and heritage groups based in South King County, all of which are represented on the website, /1 www.sococulture.orq. Membership with SOCO allows the Historical Society to reach a large audience throughout South King County. Those who attend cultural events also spend money on food, gas, and other merchandise as part of the overall experience, which contributes to the well -being of Tukwila CONSENT AGENDA a. Approval of Minutes: 4/5/10 (Regular) b. Approval of Vouchers #352720 352993 and #201004191 in the amount of $1,913,375 65 MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. UNFINISHED BUSINESS a. Designating the name of park property at 12929 50 Place South in Tukwila as Codiga Park. MOVED BY DUFFIE, SECONDED BY SEAL TO DESIGNATE THE NAME OF PARK PROPERTY AT 12929 50 PLACE SOUTH IN TUKWILA AS CODIGA PARK. MOTION CARRIED 7 -0. b. Residential Rental Housing: 1. An ordinance establishing Residential Rental Housing regulations, to be codified at Tukwila Municipal Code Chapter 5.06, "Residential Rental Business License and Inspection Program." MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -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, ESTABLISHING RESIDENTIAL RENTAL HOUSING REGULATIONS, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.06, "RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM"; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* The Councilmembers expressed thanks to Council President Robertson for his efforts toward this important issue. Council President Robertson conveyed appreciation to the Code Enforcement staff for the work they put forth on this matter. Councilmember Ekberg indicated he would like to see consideration given to increasing the fees. *MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2281. 2. A resolution adopting a Residential Rental Business License and Inspection Program fee schedule. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. 11 12 Tukwila City Council Committee of the Whole Minutes April 26, 2010 Page 6 of 11 After Council discussion, there was consensus to have staff complete an analysis for the recommendation of selling the and with the caveat that it be developed into a residential use. Property No. 2 South 180 and West Valley Highway: Currently, NC Machinery is utilizing this space as generator storage with a month -to -month agreement without compensation to the City After Council discussion, it was determined the property has no other uses, and the Council requested an analysis for the recommendation of selling the property. Property No. 3 Old Newporter Site located at 149xx and Tukwila International Boulevard: Derek Speck, Economic Development Administrator, explained the property was intended as a relocation site for Northfield Carwash, and it is currently vacant. Adjoining property owners have contacted the City about potential uses for the parcel, and staff is performing an analysis on the value of selling the property alone and the value of the property if it were to be sold in conjunction with adjacent properties Councilmember Hernandez explained that selling this property would raise the most funds and would decrease the amount of tax increases. She would like to see an analysis of the potential of the property including the appraised value of the property Councilmember Quinn explained he would like more information about potential uses of the parcel and the possible development. The location of the parcel is on Tukwila International Boulevard and a great development could continue to revitalize the area, maintaining the City's vision for that part of the City. Council President Robertson indicated the location of the parcel is within walking distance of the light rail station He would like to have staff provide detailed information relating to the possible sale of the parcel There was Council consensus to have staff continue with an analysis on a the sale of the parcel Property No. 4 Old Tukwila City Hall former library building: Councilmember Quinn indicated the Council heard three possible uses for this building at the April 19, 2010 Regular Council Meeting. He explained he would like more information on other potential uses and funding for the facility. Councilmember Hougardy explained she would like staff to research other uses that include leasing the facility. Councilmember Hernandez explained this building is the only building that is on the National Historical Register, and she would like to review other potential uses for the facility After Council discussion, there was consensus for staff to continue analyzing potential uses for the site with lease options, and to remove the facility from the surplus property list. Property No. 5 located at 15421 42 Avenue South This single- family residence is leased to the Way Back Inn as a transitional housing facility. One family is currently utilizing the residence. Council President Robertson asked how the Way Back Inn is able to utilize the residence Evelyn Boykan, Human Services Manager, indicated the City has a lease with the Way Back Inn for three transitional housing sites within the City Volunteers from the Way Back Inn maintain each of the facilities The City is responsible for the utilities and those costs are funded through the Human Services budget. Currently, approximately $15,000.00 is budgeted for these types of expenses Property No. 6 located at 14688 Macadam Road South This duplex currently has one family in each unit. Families are allowed up to 90 days in the transitional housing through the Way Back Inn program TO: FROM: Steve Lancaster, City Administrator DATE: September 1, 2010 SUBJECT: Proposed Tukwila Center for Heritage Culture at 14475 59 Ave. S. 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 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 its August 23, 2010 meeting, the Community Affairs and Parks Committee, unanimously approved forwarding this item to the September 13, 2010 Committee of the Whole meeting for approval. 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 (see attached) 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 Information Only. ATTACHMENTS City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton FINANCE AND SAFETY COMMITTEE Resolution in draft form Building Condition Assessment Report August 23, 2010 Community Affairs and Parks minutes Jim Haggerton, Mayor 13 14 I MTG. DATE 09/13/10 1 09/20/10 1 MTG. DATE 09/13/10 09/20/10 CAS NUMBER: 10-101 COUNCIL AGENDA SYNOPSIS 11leetin. Date cared by 09/13/10 -BG 09/20/10 WOG Inztzals Mayyr=r-evzew 1 2/ 1 ITEM INFORMATION I ORIGINAL AGENDA DATE: SEPTEMBER 13, 2010 AGENDA ITEM TITLE Tukwila 205 Levee Repair Lily Pointe Easement Interest Payment per the Real Estate Purchase and Sale Agreement CATEGORY Discwsszon Motion Resolution 1 1 Ordinance 1 !Bid Award Public Hearing n Other Aftg Date 09/13/10 Mtg Date 09/20/10 Mtg Date EXPENDITURE REQUIRED $Not to exceed $75,000.00 Fund Source: Connnents: Aftg Date AMOUNT BUDGETED $0.00 1 ounczl review RECORD OF COUNCIL ACTION Forward to next Regular meetinn Planning Comm. ITEM No. I Itg Date Mtg Date Mtg Date 1SPONSOR I Council Mayor Adm Svcs DCD 1 1 Finance Fire 1 'Legal n P&R n Police ®PIV SPONSOR'S The US Army Corps of Engineers completed repairs to the Tukwila 205 Levee in 2008. The SUMMARY 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 U F &S Cmte I I Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. DAZE: 08/24/10 RECOMMENDATIONS: SPONSOR /ADMIN Public Works COMMIILEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE APPROPRIATION REQUIRED $0.00 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 No attachments 16 CAS NUMBER: 10-099 SPONSOR'S SUMMARY Fund Source: Comments: MTG. DATE 9/13/10 MTG. DATE 9/13/10 9/20/10 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayazy review ounctl review 09/13/10 JP 1 ,a 09/20/10 JP POAR ITEM INFORMATION 1 ORIGINAL AGENDA DATE. SEPTEMBER 13, 2010 RI NI I .W1 I) BY COW Mtg. CA &P Cmte E F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 8/23/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMII Unanimous Approval; Forward to C.O.W. COST IMPACT /FUND SOURCE EXPENDJTuI REQUIRED AMOUNT BUDGETED RECORD OF COUNCIL ACTION Forward to next Regular Meetina ITEM No. AGI?NDA Irl?1vITITLE An ordinance renewing the six month moratorium on the establishment of social card game gambling acitivities. CATI Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 09/13/10 Mtg Date Mtg Date Mtg Date 09/20/10 Mtg Date Mtg Date 09/13/10 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire n Legal P&R Police PW/ The City Council adopted a moratorium on development applications for social card 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. Transportation Cmte n Planning Comm. APPROPRIATION REQUIRED ATTACHMENTS 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 Ordinance in final form 1 i 18 City of Tukwi Washington Ordinance No. a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA, 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 WHEREAS, state law RCW 35A.63.220) authorizes the City Council to adopt land use moratoria, and W \Word Processing\ Ordinances \Gambling Moratorium renewal.docx MD:nuh 09/14/2010 Page 1 of 2 19 20 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 objectives stated herein, the City Council finds that a public emergency exists, necessitating that this ordinance take effect immediately upon its passage by a majority plus one of the whole membership of the Council in order to protect the public health, safety, property, and general welfare. This ordinance shall take effect and be in full force immediately upon passage by the City Council. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W Word Processing \Ordinances \Gambling Moratorium renewal.docx MD:mrh 09/14/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 CAS NUMBER: 10-100 C.\TnGORY SP( )NSOR SP( )NSOR'S SUMMARY RI? \'I1 W1iD BY Fund Source: Comments: MTG. DATE 09/13/10 MTG. DATE 09/13/10 09/20/10 10 -100 Meettng Date 09/13/10 09/20/10 COW Mtg. Utilities Cmte DATE: 08/23/10 COUNCIL AGENDA SYNOPSIS Prepared by RF RF Inzttals Mayor's remelt I flotilla/ review ITEM INFORMATION ORIGINAL AGENDA DATE. SEPTEMBER 13, 2010 ITEM NO. AGENDA ITEMTrrLE Annual Comprehensive Plan /Zoning amendments for 2010 Public Hearing Discussion Motion Resolution Ordinance Bid Award Public Heanng Other Mtg Date 9/13/10 Mtg Date Mtg Date Mtg Date 9/20/10 Mtg Date Mtg Date Mtg Date Coma/ Mayor Adm Svcs DCD Finance Fire f Legal P&R Police PTV Tukwila considers amending its Comprehensive Plan /Zoning map once per year, with a 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. CA &P Cmte F &S Cmte Transportation Cmte n Arts Comm. Parks Comm. Planning Comm. RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Forward to Committee of the Whole for hearing COST IMPACT /FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 RECORD OF COUNCIL ACTION Forward to next Regular Meeting, with 2 additional ordinances ATTACHMENTS Informational memorandum dated 8/16/10, with attachments /draft ordinances Minutes from the Community Affairs and Parks Committee meeting of 8/23/10 Ordinances in final form 22 Citv of Tukwiia Washington Ordinance No. AN ORDINANCE- OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 3914 S. 115TH STREET, TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO OFFICE (0), AND ADJACENT TAX PARCEL #1023049072 FROM MANUFACTURING INDUSTRIAL CENTER/LIGHT (MIC/L) TO OFFICE (0); 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 -tern 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 denial of the application to amend the Comprehensive Land Use Map designation; 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, office use will benefit the area with fewer potential negative impacts than industrial activity and will provide opportunities for economic activity; 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 as outlined in the staff report 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 staff report, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Re- designation Approved. The property located at 3914 S. 115th Street, including Tax Parcel #3351400005, and the adjacent property Tax Parcel #1023049072 and described in the attached Exhibit 2, are hereby approved to be re- designated from W \Word Processing Ordinance \Comp Plan Wooden LLC.doc RF:mrh 09/14/2010 Page 1 of 2 23 24 Low Density Residential (LDR) to Office (0), and from Manufacturing Industrial Center /Light (MIC /L) to Office (0), respectively, subject to the following conditions: 1. All conditions of the following rezone must be met including: a. Contractor storage operations shall not be allowed on Tax Parcel #3351400005, and shall be completely removed prior to the effective date of this rezone. b The contractor storage yard on Tax Parcel #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 Parcel 1023049072) and Low Density Residential (Tax Parcel #3351400005) without further legislative action. d. Applicant agrees that Tax Parcel #1023049063 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date of the rezone, since the applicant has offered to donate the property, and its donation is in the interest of improving the Duwamish Heritage Preserve and for integration into the City of Tukwila's riverbank restoration program and pedestrian trail development. 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 the rezone is voided, the Comprehensive Plan amendment shall also be voided. Office designation shall revert to Manufacturing Industrial Center /Light (Tax Parcel 1023049072) and Low Density Residential (Tax Parcel 3351400005) 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 Attachments: Exhibit 1 Staff Report Findings and Conclusions, (File #L09 -064 #L09 -065), July 22, 2010 Exhibit 2 Legal Description Exhibit 3 Comprehensive Plan Map W'\ Word Processing Ordinance \Comp Plan Wooden LLC.doc RF:nuh 09/14/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published: Effective Date: Ordinance Number: Page 2 of 2 EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File L09 -065 and L09 -065) July 22, 2010 Manufacturing /Industrial Center —Light and Low Density Residential to Office at 3912 and 3914 S. 115 Street 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. 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. W\ Word Processing \Ordinance \Comp Plan Wooden LLC.doc P.F: nrh 09/14/2010 Page 1 of 7 25 26 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 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. 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 BNSF Burlington Northern train yard is approximately %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 southeast. 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. W \Word Processing\ Ordinance Comp Plan Wooden LLC.doc RF: nrh 09/14/2010 Page 2 of 7 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 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 Laud Use Pattern —A 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. W Word Processing Ordinance\ Comp Plan Wooden LLC.doc RF:nuh 09/14/2010 Page 3 of 7 27 28 Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use snap 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. 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? W Word Processing \Ordinance \Comp Plan Wooden LLC.doc RF:nuh 09/14/2010 Page 4 of 7 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 manufactunng, 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. The existing construction storage is a permitted use under the current MIC/L zoning and produces some economic value. Construction storage is not a peiniitted 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. W \Word Processing\ Ordinance Comp Plan Wooden LLC.doc RF:mrh 09/14/2010 Page 5 of 7 29 30 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. 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. W \Word Processing \Ordinance \Comp Plan Wooden LLC.doc RF:mrh 09/14/2010 Page 6 of 7 Tax Parcel #1023049072 POR GL 2 IN NW 1 /4 STR 10 -23 -04 DAF:BEG AT SW COR LOT 1 BLK 20 C D HILLMAN'S MEADOW GARDENS DIV NO 3 TH NLY ALG W LN SD LOT 1 DIST 100 FT TH N 86 -15 -00 W 100 FT TH SLY TO N R/W MGN S 115 ST TH ELY ALG SD MGN 100 FT M/L TO SD SW COR LOT 1 TPOB Tax Parcel #3351400005 HILLMANS CD MEADOW GARDENS #3 W 3 FT OF A ALL OF 1 Tax Parcel 1023049063 POR GL 2 DAF BEG SW COR LOT 1 BLK 20 C D HILLMANS MEADOW GDN DIV 3 TH N 86 -15 -00 W 100 FT TH S PLW W LN SD LOT 1 TO S LN SD GL 2 TH ELY ALG SD S LN TAP S OF SW COR OF SD LOT 1 TH N TO BEG LESS CO RD W \Word Processing \Ordinance \Comp Plan Wooden LLC.doc RFanrh 09/14/2010 EXHIBIT 2 Page 7 of 7 31 MIC /L MICIL to 0 LDR to 0 Donation to City of Tukwila 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) Possible Donation to the City of Tukwila camsniusto Zoning Lines S118St/ Wooden LC r°° =too' Ci of T i s Washington Ordinance No. W. Word Processing Ordinances Zoning Code Amend Wooden LLC.doc RF:mrh 09/14/2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 3914 S. 115TH STREET, TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO OFFICE (0), AND ADJACENT TAX PARCEL #1023049072 FROM MANUFACTURING INDUSTRIAL CENTER/LIGHT (MIC/L) TO OFFICE (0); 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 colrunents from the public, recommended denial of the rezone application, 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, office use will benefit the area with fewer potential negative impacts than industrial activity and will provide opportunities for economic activity; 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 staff report 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 staff report, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved Subject to Conditions. The property located at 3914 S. 115th Street, including Tax Parcel #3351400005, and the adjacent property including Tax Parcel #1023049072 and described in the attached Exhibit 2, are hereby approved to be re- designated from Low Density Residential (LDR) to Office (0), and from Manufacturing Industrial Center /Light (MIC /L) to Office (0), respectively, subject to the following conditions: Page 1 of 2 33 34 1. Contractor storage operations shall not be allowed on Tax Parcel #3351400005, and shall be completely removed prior to the effective date of this rezone. 2. The contractor storage yard on Tax Parcel #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. 3. 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 Parcel 1023049072) and Low Density Residential (Tax Parcel #3351400005,) without further legislative action. 4. Applicant agrees that Tax Parcel #1023049063 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date of the rezone, since the applicant has offered to donate the property, and its donation is in the interest of improving the Duwamish Heritage Preserve and for integration into the City of Tukwila's riverbank restoration program and pedestrian trail development. The dedication of this parcel shall survive any reversion of zoning, by virtue of non compliance with the terms of this agreement.. 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 W Word Processing Ordinances Zoning Code Amend Wooden LLC.doc RF:mrh 09/14/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published. Effective Date: Ordinance Number: Attachments: Exhibit 1 Staff Report Findings and Conclusions, (File #L09 -064 L09 -065), July 22, 2010 Exhibit 2 Legal Description Exhibit 3 Zoning Code Map Page 2 of 2 Findings and Conclusions Planning Commission Staff Report (File L09 -064 L09 -065) July 22, 2010 Manufacturing Industrial Center /Light and Low Density Residential to Office at 3912 and 3914 S. 115 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. 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 cease operations by the deadline, the rezone would become void and zoning would revert to the previous MIC /L and W Word Processing\ Ordinances Zoning Code Amend Wooden LLC.doc RF:rnrh 09/14/2010 EXHIBIT 1 Page 1 of 6 35 36 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. 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 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: W Word Processing\ Ordinances Zoning Code Amend Wooden LLC.doc RF:mrh 09/14/2010 Page 2 of 6 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. Office zoning permits uses such as office, studios and planned mixed use development combining retail and office. Restaurants are also peimitted 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. 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. 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 W \Word Processing Ordinances Zoning Code Amend Wooden LLC.doc RFanrh 09/14/2010 Page 3 of 6 37 MIC/L to 0 LDR to 0 Donation to City of Tukwila 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) Possible Donation to the City of Tukwila Zoning Lines Exhibit 3 Wooden LC P =200' 38 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 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, W \Word Processing\ Ordinances Zoning Code Amend Wooden LLC.doc RFamfi 09/14/2010 Page 4 of 6 there will be no change in zoning. The contractor yard could continue to operate as a peiinitted 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 Comprehensive 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. 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. W Word Processing\ Ordinances Zoning Code Amend Wooden LLC.doc RP:mrh 09/14/2010 Page 5 of 6 39 40 LEGAL DESCRIPTION Tax Parcel #1023049072 POR GL 2 IN NW 1 /4 STR 10 -23 -04 DAF:BEG AT SW COR LOT 1 BLK 20 C D HILLMAN'S MEADOW GARDENS DIV NO 3 TH NLY ALG W LN SD LOT 1 DIST 100 FT TH N 86 -15 -00 W 100 FT TH SLY TO N R/W MGN S 115 ST TH ELY ALG SD MGN 100 FT M/L TO SD SW COR LOT 1 TPOB Tax Parcel #3351400005 HILLMANS CD MEADOW GARDENS #3 W 3 FT OF A ALL OF 1 Tax Parcel #1023049063 POR GL 2 DAF BEG SW COR LOT 1 BLK 20 C D HILLMANS MEADOW GDN DIV 3 TH N 86 -15 -00 W 100 FT TH S PLW W LN SD LOT 1 TO S LN SD GL 2 TH ELY ALG SD S LN TAP S OF SW COR OF SD LOT 1 TH N TO BEG LESS CO RD W \Word Processing \Ordinances \Zoning Code Amend Wooden LLC.doc RF:mrh 09/14/2010 EXHIBIT 2 Page 6 of 6 42 Citv of Tukwii Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 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. W \Word Processing Ordinances \Comp Plan Amend Macadam 1.doc RF:rnrh 09/14/2010 Page 1 of 2 43 44 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 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number Attachments: Exhibit 1 Findings and Conclusions, PIanning Commission Staff Report (File #L09 -067 L10 -003) Exhibit 2 Legal Description Exhibit 3 Comprehensive Plan Map W Word Processing Ordinances \Comp Plan Amend Macadam 1.doc 1 F:mrh 09/14/2010 Page 2 of 2 W Word Processing\ Ordinances 2310 Comp Plan Amend Macadam 1.doc RF:mrh 09/14/2010 EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File L09 -067 and L1O -003) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Proiect 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. 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. Vicinity /Site Information Site: The property is located on the comer of 44 Avenue South and S. 133 Street (4300 S. 133 Street). The property is bounded on three sides by S. 132 °d 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, immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an Page 1 of 6 45 46 "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. Housing Goal 3.1: Continue to provide the City's fair share of regional housing. W Word Processing\ Ordinances 2310 Comp Plan Amend Macadam 1.doc RF:inrh 09/14/2010 Page 2 of 6 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 CommerciallLight 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. W \Word Processing \Ordinances \2310 Comp Plan Amend Macadam 1.doc RF:rnrh 09/14/2010 Page 3 of 6 47 48 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 \2310 Comp Plan Amend Macadam 1.doc RF:mrh 09/14/2010 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? 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. The change to housing use, will remove the opportunity for a commercial /light industrial use. W. \Word Processing \Ordinances \2310 Comp Plan Amend Macadam 1.doc RF:mrh 09/14/2010 Page 5 of 6 49 J V 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) .s„ Zoning Lines EXHIBIT 3 Macadam LLC Washington Ordinance No. 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 corn nunity 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 Plarming 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 133rd 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 RF:uuh 09/14/2010 Page 1 of 2 51 52 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 Findings and Conclusions, Planning Commission Staff Report (File #L10 -002), July 22, 2010 Exhibit 2 Legal Description Exhibit 3 Zoning Code Map W \Word Processing \Ordinances \Comp Plan Amend Macadam 2.doc RF:mrh 09/14/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published: Effective Date: Ordinance Number. Page 2 of 2 BackEround and Project 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 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 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) 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, W \Word Processing \Ordinances \Comp Plan Amend Macadam 2.doc RF:mrh 09/14/2010 Page 1 of 5 53 54 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 09/14/2010 Page 2 of 5 Multi- family duplex, triplex, four -plex units, townhouses up to four attached units, or detached zero -lot -line units are permitted 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 permits 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:mrh 09/14/2010 Page 3 of 5 55 56 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 09/14/2010 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 09/14/2010 EXHIBIT 2 Page 5 of 5 57 W 1 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 Medium Density Residential (MDR) Zoning Lines EXHIBIT 3 ft Macadam LLC 1" =400' City of Tukwila Washington Ordinance No. 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 Times, 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 Corrunission 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 SOUTH.doc RF:mrh 09/14/2010 Page 1 of 2 59 60 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, 4�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 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 #L10 -034), July 22, 2010 Exhibit 2 Legal Description Exhibit 3 Zoning Map Exhibit 4 Comprehensive Plan Designations Map W\ {Nord Processing Ordinances \Zoning Map Amend TUKWILA SOUTH.doc RF:mrh 09/14/2010 Page 2 of 2 Findings and Conclusions #L10 -034) July 22, 2010 Establish zoning in Tukwila South Annexation Area 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 map 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 09/14/2010 EXHIBIT 1 Page 1 of 3 61 62 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 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). 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. W. Word Processing \Ordinances \Zoning Map Arnend--TUKWILA SOUTH.doc RF:mrh 09/14/2010 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) Chanced conditions: o 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. o 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 09/14/2010 Page 3 of 3 63 64 PARCEL 352304 -9050: PARCEL 352304 -9078: PARCEL 352304 -9041: LEGAL DESCRIPTION OF THE ANNEXED PROPERTY 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. 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 NORTH 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 RIGHT 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 THE 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. THAT PORTION OF THE SOUTHWEST Y4 OF THE SOUTHWEST Y4 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, EXHIBIT 2 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° OS' 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° OS' 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 14 OF THE SOUTHWEST 114 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 8J058'28 "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 65 66 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' IS" 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' IS" 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' IS" 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 HEREINABOVE 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 NORTHERLY 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' IS" 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 67 68 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 OF THE NORTHWEST 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 THE 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 WASHINGTON. 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 BEM \TNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO.1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9065: 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 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 BEGII \TNING; 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 1OIN 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° 41' 50" WEST 250.67 FEET; THENCE SOUTH 45° 21' 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° 01' 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° OS' 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 Y4 OF THE NORTHWEST Y4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGII\TNING AT 69 70 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 Y4 OF THE NORTHWEST Y4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST Y4 OF THE NORTHWEST Y4; 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 NORTH 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 Y4 OF THE NORTHEAST Y4 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 12 OF THE NORTHWEST Y4 OF SECTION 2 AND THE EAST 12 OF THE NORTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY 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 1N 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; 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 9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST Y4 OF THE NORTHEAST Y4 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 51 ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND 71 72 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 Y4 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 RIGHTOF -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 Y4 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 114 OF THE NORTHWEST Y4 OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EASTWEST 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° 01' 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° 01' 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 -OFWAY 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 ROADWAY 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 73 74 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 THE 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 Y4 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° II' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST Y4 OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01 II' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° II' 00" EAST 300 FEET; THENCE SOUTH 89° II' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01 II' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST Y4; THENCE NORTH 89° II' 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 Y4 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 Y4 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 NORTH 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 Y4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51 ST 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: 75 76 BEGINNING AT A POINT SOUTH 89° II' 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 NORTH 89° II' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° II' 06" WEST 1,340.72 FEET AND SOUTH 01 II' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01 II' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° II' 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 0 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 °01'02" 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 °01'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE 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 STRIPeS) LYING WITHIN THE SOUTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7,1905, FOR DRAINAGE DITCH RIGHT -OF -WAY, FOR THE 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 THE 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°5T43" 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; 77 78 PARCELB: THAT PORTION OF THE 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 NS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas Tukwila City Limits 1 1 Annexation Area /Establish Underlying Zoning i Tukwila South Overlay District zoning EXHIBIT 3 C Cdporate Dr N I I Corporate Dr S Establish Tukwila South Annexation Area Zoning W41 1 3 MILES H:IPIANNING1Comp Plan Zone Amend12010 com_zone amend\Estab Tuk south overlay dist letter Ime.mxd 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 I I Annexation Area /Establish Underlying Zoning y Tukwila South Overlay District COMPREHENSIVE PLAN DESIGNATIONS EXHIBIT 4 GIS Tukwila Establish Tukwila South Annexation Area Zoning r= 3 MILES H:IPLANNING\Comp Plan Zone Amendi2010 wm zone amendlEstab Tuk south overlay dist letter kne.mxd I CAS NUMBER: 10-102 COUNCIL AGENDA SYNOPSES Initials Meeting Date Prepared by I May v ptew 1 "-Council reuzew 09/13/10 SH I i_ 'WAR 09/20/10 SH 1 I i) I I I ITEM INFORMATION ITEM No. 'ORIGINAL AGI?NDA DATE. SEPTEMBER 13, 2010 lAGI- :ND I rl.nl TITLE A resolution authorizing the cancellation of abandoned or unclaimed property for 2010. C.\'I'I :GORY SPONSOR SPONSOR'S S UMivlr \RY REV!' WED BY Fund Source: Comments MTG. DATE 09/13/10 09/20/10 MTG. DATE 09/13/10 09/20/10 DISCUSS/011 Motion Atig Date 09/13/10 tlltg Date 11 11 ExPI•;N1B'1'uRli REQUIRED Resolution I Ordinance tlltg Dale 09/20/10 Altg Date AMOUNT BUDGETED Altg Date DATE. 9/08/10 RECOMMENDATIONS: SPONSOR /ADMIN Finance Department COMMJY1 J E Unanimous Approval; Forward to C.O.W. COST IMPACT FUND SOURCE RECORD OF COUNCIL ACTION Forward to next Regular meeting 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 Resolution in final form Bzd 4zvard 1 1 Publzc Heartng 1 1 Other A1(, Date r\Itg Date Council n Ma Adm Svcs I I DCD Finance I Fzre Legal [1 P&R. n Police i 1 PUt' The resolution authorizes the cancellation of abandoned funds (unclaimed property). The 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 nronertv. COW Mtg. CA &P Cmte F &S Cmte L Transportation Cmte Utiliries Cmte Arts Comm. I 1 Parks Comm. f 1 Planning Comm. APPROPRIATION REQUIRED 81 82 Office of the City Attorney 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 Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Attachments: Attachment A, Washington State Department of Revenue 2010 Unclaimed Property Reporting (1 page) 2010 Unclaimed Property Summary Detail Report (3 pages) W. Word Processing \Outstanding Claims 2010.doc LJ:mrh 9/14/2010 City of Tukwila Washington Resolution No. Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council. Resolution Number Page 1 of 1 83 84 Attachment "APP 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 1 1/20/08 517948 11/20/08 Total Claims Checks Aggregate- Various (Payroll Checks under $50) Caitlin Legate Tukwila Children's Foundation Total Payroll Checks $191 64 Municipal Various Various Aggregate- Various (Court Checks under $50) Court 12455 07/19/07 Ryan Scott Howard 13000 10/19/07 Rebecca L. Johnson 13068 02/01/08 Juana Sanchez Sanchez 13102 02/28/08 Kelly Vega 13138 04/11/08 Alliance One Inc. 13145 04/22/08 Ashleigh Martinez Total Municipal Court Checks General Fund Grand Total All Checks: $3,161.44 411 Foster Golf Course Gift Cards Various Various 106 qty. miscellaneous gift cards 411 Fund Total: 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: $312.96 $69.04 60 60 62.00 $62.15 120.00 100.00 600.00 500.00 174.69 1,100.00 $2,656.84 $3,684.26 $3,684.26 $6,625.70 220.00 $6,845.701 85 Treasurer's Checks: No outstanding treasurer's checks to report for 2010 Unclaimed Property filing year. Total Treasurer's Checks: Claims Checks General 000 Fund: 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 Property Owner: 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 1 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 1 l $312.96 $312.96 General Fund All Code: CK06 !ej 9/14/2010 11:07 AM Payroll Claims: Check No. #516810 516851 517874 517948 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 Property Owner: Date 07/18/08 Pierce Frandle 07/18/08 Maxwell Villella 11/20/08 Caitlin Legate 11/20/08 Tukwila Children's Foundation Total Payroll Claims: 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: 07/15/2008 Payroll 07/15/2008 Payroll 11/15/2008 Payroll 11/15/2008 Payroll Description: Restitution Restitution Ball Refund Bail Refund Bail Refund Misc. Trust Misc. Trust Misc. Trust Misc. Trust Ref. #4391 (Case #IN0035354 TKP IT) Overpayment Court Fee (Ref. #4503) Golf Course Gift Cards 411 Fund: Gift Card No. Date Various Various 106 qty. miscellaneous gift cards (incl. 7 cards with "zero" balances) (All variously named unknown property owners) 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 (To be sent to County Treasurer) 100.00 (To be sent to County Treasurer) 600.00 All General Fund 500.00 All Code: MS16 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 9 All Code: CK06 General Fund 411 Fund All Code: MS12 lej 9/14/2010 11:07 AM General Fund: Claims Payroll Municipal Court ID Number 13068 13102 13145 13138 Date Various #341526 09/02/08 #516810 07/18/08 516851 07/18/08 517874 11/20/08 517948 11/20/08 Various #12455 07/19/07 13000 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 #1N0035354 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 9/14/2010 11:07 AM CAS NUMBER: 10-104 111WIEW1 I) BY COW Mtg. CA &P Cmte Utilities Cmte Arts Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Council President COMMI FILE Fund Source: Cotnments: MTG. DATE 10 -104 EXPENDITURE REQUIRED COUNCIL AGENDA SYNOPSIS Initials Meettax Date Prepared b y 1 MayortNtew 1 ouncil review 09/20/10 KAM 1 ITEM INFORMATION 1 ORIGINAL AGENDA DATE: SEPTEMBER 20, 2010 AGENDA I' rEM TITLE Discussion of Community /Special Events. CATEGORY Discussion Motion Resolution n Ordinance Bid Award n Public Hearing Other Mtg Date 09/20/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Ma n Adm Svcs DCD Finance Fire Legal P&R Police PW/ SPONSOR'S SUMMARY At the September 13, 2010 Committee of the Whole meeting staff provided information regarding Recreation Program and Service Reductions. In response to the proposed reduction of the community -wide Tukwila Days celebration, a Council policy disucssion will take place to identifiy Council's priority of certain community /special events. NO ACTION IS REQUIRED. 11 COST IMPACT FUND SOURCE AMOUNT BUDGETED F &S Cmte n Parks Comm. RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS 09/20/10 Informational Memorandum dated 9/16/10 ITEMNO. Cp P Transportation Cmte Li Planning Comm. APPROPRIATION REQUIRED 6 9 90 MEMORANDUM TO: City Council FROM: Kimberly Matej, Legislative Analyst DATE: September 16, 2010 SUBJECT: Discussion of Community /Special Events City of Tukwila Cit Council Issue From a policy level, it is necessary for the City Council to identify the prioritization of community and /or special events so that staff can proceed with proposed budget reductions as appropriate. Background At the September 13, 2010, Committee of the Whole meeting staff provided information regarding Recreation Program and Service Reductions. In response to the proposed reduction of the community -wide Tukwila Days celebration, the City Council has identified the need for a policy level discussion to identifiy the City Council's priority of certain community /special events Discussion Three specific community /special events have been identified for City Council discussion as listed and briefly described below: Backyard Wildlife Fair This event celebrated its 10 -year anniversary in 2010 Event is traditionally held the second Saturday in May coinciding with International Migratory Bird Day. Tukwila was the first city in Washington State, and the fourth city in the country to become a Certified Community Wildlife Habitat by the National Wildlife Federation. In 2010, the event was sponsored by the City, National Wildlife Federation, Puget Sound Energy, REI, King Conservation District and Ed Hume Seeds Family 4 at the Fort This event celebrated its 9 -year anniversary in 2010 Event is always held on July 4 and has always taken place at Fort Dent Park. In 2010, the event was sponsored by the City, Starfire Sports, NC Power Systems, 4Culure and Cassan Enterprises. Tukwila Days This event originated in the early 1990's under a different name, and eventually developed into what is known today as Tukwila Days. Event was traditionally held in July of each year, up until two years ago when it was moved to August in order to increase attendance opportunities. In 2010, the event was sponsored by the City, BECU, Prevail Credit Union, Valley Medical Center and Cassan Enterprises. Parks and Recreation staff will discuss these events as well as provided associated data and costs estimates at the September 20 Regular meeting in order for the City Council to have an informed discussion on policy and priorities 91 92 20th (Monday) 21st (Tuesday) 22nd (Wednesday) 23rd (Thursday) 24th (Friday) Transportation Finance COPCAB, Planning, Cmte, Safety Cmte, 6:30 PM C ra.a: aion 5:00 PM 5:00 PM (CR 65) CANCELLED (CR 91) (CR 63) City Council Regular Mtg., 7:00 PM (Council Chambers) 27th: {IVibSidaV) "3` •28th= (Tuesdayh= 29tti (Wednesday)? Community Affairs Parks Cmte, 5 00 PM (CR 63) A City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) A Utilities Cmte, 5:00 PM (CR 61) Upcoming Meetings Events SEPTEMBER ,OCTOBER 2010 UNITED WAY DAY OF CARING Tukwila Pond Park Join Zones Volunteers 9.00 AM to 12:00 NooN Tukwila Community Center Preschool Field Day Join Car Toys Volunteers 11 AM to 1.30 PM For more information call Tracy at 206 -768 -2822 .30th' :(Thursday)` 1 t`(Friidav)`- =''s Deadline to register for Regional Landlord Training Seminar (to be held October 13). For information call Chris at 206- 431 -2197 Last day of pet license amnesty period. 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 coming to the City Clerk's counter at Tukwila City Hall (8 :30 AM to 5.00 PM, Monday through Friday). Call 206- 433 -1800 or visit http:// www. ci. tukwila.wa.us /clerk/petlic.html for more information. 25th (Saturday) Mayor's Day of Concern for the Hungry Tukwila Int'I. Blvd. Action Cmte's Trash Pickup Day 9:00 10:00 AM For location contact Rick at rick@forschler.org 2nd '(Saturday)';:: Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342. 3' 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., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Community Affairs Parks Committee: 2nd 4th Mon., 5 PM, Conf. Room 63. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6.30 PM, Conf. Rio #5 Phi Huhn /i (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 Agenda items for 9/21/10 meeting: (A) Police Incident Command Vehicle and Sole Source Pm•chase, (B) Eden System Business Licensing Module Purchase. A Human Services Providers: Quarterly, 11.30 AM, TCC (2010 3/19, 6/18, 9/17, and 12/3). Contact Stacy Hansen at 206 -433 -7181 Library Advisory Board: 3rd Wed., 7 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 Kerizman at 206 -575 -2489 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 Agenda items for 9/20/10 tweeting: (A) Traffic Signal Pole Bid Award, (B) Annual Traffic Signal Program, (C) Tukwila Urban Center Access Project (Klickimt) Acceptance of Grants, (D) Second Quarter Reports. Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 433 -1860. >Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 91 93 94 Tentative Agenda Schedule MONTH MEETING 1` MEETING 2'- MEETING :3 REGULAR` C.O,W: REGULAR September 7 (Tuesday) 13 20 6th Labor Day (City offices closed) October November 25th Thanksgiving Day (City offices closed) 26t Day after Thanksgiving (City offices closed) 4 Unfinished Business: Contract for services Tukwila Urban Center Plan stakeholder outreach 1 Special Presentation: Financial status report for 3rd quarter Unfinished Business: Review City-wide revenue projections and departmental requests 11 18 Special Issues: Budget discussion (public meeting format) 8 Special Issues: Review City -wide revenue projections and departmental requests 15 See agenda packet cover sheet for this week's agenda (September 20, 2010 Regular Meeting) Unfinished Business: Review City -wide revenue projections and departmental requests 27 Special Issues: Contract for services Tukwila Urban Center Plan stakeholder outreach Budget: Proposed program reductions 25 Special Issues: Review City -wide revenue projections 22 Public Hearings: Tax levy ordinances 2011 -2012 budget Special Issues: Tax levy ordinances Budget: 2011 -2012 budget ordinance 2010 budget amendment ordinance CIP resolution COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING Special Meeting Unfinished Business: Tax levy ordinances