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Home My WebLink AboutCOW 2014-05-12 COMPLETE AGENDA PACKETc 40 Tukwila City Council Agenda vi 0 • COMMITTEE OF THE WHOLE ❖ Jim Haggerton, Mayor Councilmembers: + Joe Duffie + Dennis Robertson -9 David Cline, CityAdministrator + Allan Ekberg + Verna Seal De'Sean Quinn, Counci/President + Kathy Hougardy + Kate Kruller Monday, May 12, 2014, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS a. A proclamation recognizing National Police Week and Peace Officers' Memorial Day. b. Updates from: • Global to Local — Adam Taylor • Forterra — Becca Meredith • Community Connectors — Reina Blandon Joyce Trantina, Mayor's Office, and Nora Gier /off, Department of Community Development, City of Tukwila Pg.1 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda is (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue presented for discussion. 4. PUBLIC HEARING An ordinance renewing a moratorium on medical marijuana collective gardens. Pg.3 5. SPECIAL ISSUES a. An ordinance renewing a moratorium on medical marijuana collective gardens. b. Review of public hearing comments received regarding the Southcenter Plan Regulations and Guidelines. c. A fire facilities agreement with Segale Properties based on timelines required in the original Development Agreement executed in 2009. Pg.3 Pg.21 Pg.37 6. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. 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 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at wwwetukwilawaegov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video 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 5th 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 1st and 3rd Mondays of each month at 7:00 p.m. 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 2nd and 4th Mondays at 7:00 p.m. 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 CITIZENS COMMENTS. Please limit your comments to 5 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 on 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 and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. 401." "1,060640044..46000NAPAIDOS*0.040#044440a440)*04401/eaVONIMPOIAVIVNOWNWONIOSANYAMAISMIA0110001440184SAMINMAMMA660410$0040004,506iNVAZIAINallailgaltjtANAAallAniNIALAPPL, • City of Tukwila, Washington PROCL TION WHEREAS, the Congress of the United States has designated the week of May 11 through May 17 as National Police Week and May 15 as Peace Officers' Memorial Day; and WHEREAS, the law enforcement officer is our guardian of life and property; defender of the right to be free; leader in the war against crime; and dedicated to the preservation of life, liberty and the pursuit of happiness; and WHEREAS, our community joins with other cities and towns to honor all peace officers everywhere; as well as recognizes the service and sacrifice of U.S. law enforcement; and WHEREAS, the Tukwila Police Department will remember and honor their fallen brother and sister officers by wearing a black band over their badges on May 13; and WHEREAS, the citizens of Tukwila also recognize May 13 as Peace Officers' Memorial Day, when the flag at Tukwila City Hall will be flown and half mast, In Memory of Many, in. Honor of All; and NOW THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, do hereby proclaim May 13, 2014: in Tukwila and urge all citizens to remember those officers who gave their lives serving the public. 1111, 4 ... 01NNW I m.ev B ♦ J tC111 1 2 COUNCIL AGENDA S YNOPSIS Mealdsade Prepared by Mayor view Council review 05/12/14 SM ' CATR( )Ry Discussion 05/19/14 SM Resolution ligDale I 04 Ordinance Bid/iward Aft Date Public Hearing _ Other AkgDale Mtg Date Alt,g Date 05/19/14 Mg Date 5/12/14 SPONSOR Council Mayon _ HR Z DCD Finance Fire _ IT _ P&R Police _ P1V SPONSOR'S Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries. SUMMARY ITEM INFORMATION ITEM NO. 4& 5.A. 3 STA 11: SPONSOR: STACY MACGREGOR ORIGINAL GINDA DATE,: 05/12/14 A ;N,N[").\ IMINI TITIE Zoning Code amendment-Medical Marijuana CATR( )Ry Discussion 05/12/14 _ Motion At Dale Resolution ligDale I 04 Ordinance Bid/iward Aft Date Public Hearing _ Other AkgDale Mtg Date Alt,g Date 05/19/14 Mg Date 5/12/14 SPONSOR Council Mayon _ HR Z DCD Finance Fire _ IT _ P&R Police _ P1V SPONSOR'S Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries. SUMMARY RINII,AVII ) 13'iBY 2 Mtg. Utilities Corte DATE: 04/15/14 CA&P Corte - ,S Corte 11 Transportation Corte Parks Comm. Planning Comm. COMMEITEE CI-LAIR: DUFFIE Arts Comm. RECOMMENDATIONS: SPoNsoR/ADmiN. Commniu Department of Community Development Unanimous Approval; Forward to Committee of he Whole COST IMPACT / FUND SOURCE EXIT1\11)1'11110%1 FoUlltrD AMOUNT BUDGETED APPROPRIATION REQUIRED 0 so $0 Fund Source: N/A ComMents: n/a MTG. DATE RECORD OF COUNCIL ACTION 05/12/14 MTG. DATE ATTACHMENTS 05/12/14 Informational Memorandum dated 04/02/14 Draft Ordinance renewing the moratorium Ordinance No. 2404 Ordinance No. 2350 Minutes form the Community Affairs and Parks Committee meeting of 4/15/14 05/19/14 3 4 TO: of City of yukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Department of Community Development Director BY: Stacy MacGregor, Assistant Planner DATE: April 2, 2014 SUBJECT: Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries ISSUE ShouJd the City renew a moratorium on medical cannabis collective gardens and dispensaries? BACKGROUND In 2011. the Washington State legislature passed ESSB 5073. codified as RCW 69.51A\ creating rules regarding medical cannabis patients, collective gonjens, and medical cannabis dispensaries. The Governor vetoed portions of the bill. The partial veto created conflicts in the remaining portions of the bill but the general assumption is that dispensaries are prohibited by the veto but "qualifying patients" can participate in "collective gardens". The bill does allow Iocal jurisdictions to adopt and enforce requirements for zoning, business |icensinQ, health and safety and business taxes related to the "production, processing, or dispensing of cannabis and cannabis products within their jurisdiction." (RCW 69.51A.130) On August 15, 2011, the City Council enacted Ordinance No. 2348 placing a moratorium on cannabis collective gardens and dispensaries with the expectation that the state would provide clarification on the statutes and the conflicts created by the partial veto. Ordinance 2350 was adopted as findings. On August 6, 2012 and August 5, 2013 the City Council enacted City Council Ordinances No.2379 and 2404, which each renewed the moratorium on medical cannabis collective gardens and dispensaries. The established moratorium is set to expire at midnight on May 31, 2014. The moratorium was extended each time based on the expectation that the State legislature would be revising or adopting new rules regarding the regulation of medical cannabis. Neither new rules nor revised rules have been adopted by the Washington State Legislature. DISCUSSION The Federal Government's Controlled Substances Act (CSA) prohibits the possession and distribution of ma 'uana for any purpose. In March, 2014' U.G. District Attorney Jenny Durkin issued a statement that all medical cannabis dispensaries are illegal but the Federal Department of Justice will not focus resources on individuals that are in 'clear and unambiguous compliance with existing state laws." This follows US Deputy Attorney General's statement 6 INFORMATIONAL MEMO Page 2 before the US Senate in September, 2013 that the Governor of Washington is expected to "implement a strong and effective regulatory and enforcement system to fully protect against the public health and safety harms..." (see Attachment A). The State of Washington is developing a clearly regulated system for recreational marijuana but the State has yet to create laws that provide clear or unambiguous rules for medical marijuana use, production, or sale. Medical cannabis dispensaries and collective gardens remain illegal under federal law and are not subject to a State regulatory system that the Department of Justice (DOJ) has indicated is necessary to avoid DOJ scrutiny. The expectation remains that the future for medical cannabis in Washington State will involve either merging the medical cannabis and recreational marijuana uses into a combined regulatory system or establishing an independent regulatory system for medical cannabis. The current system with strict regulations on recreational marijuana and essentially no regulation on medical cannabis is untenable. As the recreational marijuana regulatory system matures, the impacts of marijuana production, processing, and retail sales will be better understood and rulemaking for medical marijuana uses can be informed by those impacts. At this time, the Washington State Liquor Control Board has yet to issue any licenses for recreational marijuana producers, processors, or retailers within the City of Tukwila so any potential impacts are not yet understood. If and when the Federal Government changes the legal status of marijuana and/or if the State of Washington develops a regulatory system for medical marijuana that satisfies the DOJ, the City of Tukwila can choose to adopt zoning code regulations regarding medical cannabis collective gardens in the City of Tukwila. The expectation remains that the State Legislature will adopt regulations regarding medical cannabis in the next legislative session. At this time, allowing medical cannabis in the City would have the City preempting Federal law. FINANCIAL IMPACT None RECOMMENDATION The Committee is being asked to forward the ordinance to the May 12, 2014 Committee of the Whole meeting and subsequent May 19, 2014 Regular Meeting. ATTACHMENTS • Draft Ordinance • Ordinance 2404 (to be repealed) • Ordinance 2350 (to adopt as findings) DOlAgendaBusinesslOrdinances For ReviewI2014 Ordinances\2014 Medical Marijuana Moratorium renewallInfoMemoMedical MIdoc CRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; REPEALING ORDINANCE NO. 2404; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2348; and WHEREAS, on August 6, 2012 the Tukwila City Council adopted Ordinance No. 2379, renewing the 12 -month moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2012 Legislative Session; and WHEREAS, on August 5, 2013 the Tukwila City Council adopted Ordinance No. 2404, renewing until May 31, 2014 the moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2014 Legislative Session; and W: Word Processing \Ordinances\Moratorium on marijuana collective gardens- renewed 4 -7 -14 SM:bjs Page 1 of 4 7 WHEREAS, revisions to the medical marijuana rules were not adopted during the 2014 Legislative Session and no clarity regarding state and federal regulations related to the licensing, establishment, maintenance, or continuation of any medical cannabis collective garden is currently available; and WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, and prior to the enactment of Ordinance No. 2404, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which recreational marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, no licenses have been issued by the State of Washington for recreational marijuana producers, processors, or retailers to establish businesses in the City of Tukwila and, therefore, any impact from those uses has not yet been experienced; and WHEREAS, the City has diligently pursued this issue and continues to develop a work program to analyze potential changes to City zoning regulations that may be necessary to address changes in state or federal law, but needs additional clarity from the Washington State Legislature in order to develop a workable set of recommendations for local land use controls for safe and effective regulation of collective gardens in the community; and WHEREAS, the moratorium adopted by Ordinance No. 2404 will expire before the State has rectified the inconsistencies between recreational marijuana and medical cannabis; and WHEREAS, the City deems it in the public interest to renew the moratorium continued by Ordinance No. 2404 until a period of one year in order to investigate this issue further, allow for the passage of State regulations or lifting of Federal prohibitions, and then to adopt City regulations; 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 on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on May 12, 2014 to hear testimony regarding the City's moratorium. W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 4 -7 -14 SM:bjs 8 Page 2 of 4 Section 3. Duration. The moratorium renewed herein shall be in effect until May 19, 2015, unless extended by the City Council, pursuant to state law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. One individual person who is the designated provider for only one qualified patient during any 15 -day period, and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. One individual person who is the designated provider for only one qualified patient during any 15 -day period and who complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. Section 5. No Non - conforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non - conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts the findings of facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas" clauses contained herein. Section 7. Work Program. The Director of Community Development and /or his /her designee is hereby authorized and directed to address issues related to determining the legality of medical marijuana dispensaries and collective gardens including but not limited to review of the conflict between state and federal law regarding the legality of zoning and licensing of medical marijuana uses under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 4 -7 -14 SM:bjs Page 3 of 4 9 In the event that such uses are ultimately determined to be legal, the work program should also develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Further, beyond the extent established by the Washington State Liquor Control Board, the work program should also coordinate medical cannabis rules and regulations with the recreational marijuana rules and regulations established under Initiative 502. The Finance Director and /or his /her designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Repealer. Ordinance No. 2404 is hereby repealed. Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 10. 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 11. 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 , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 4 -7 -14 SM:bjs 10 Page 4 of 4 City of Tukwila Washington Ordinance No. 110 V AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; REPEALING ORDINANCE NO. 2379; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2348; and WHEREAS, on August 6, 2012 the Tukwila City Council adopted Ordinance No. 2379, renewing the 12 -month moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2012 Legislative Session; and WHEREAS, medical marijuana was not addressed during the 2012 Legislative Session and no clarity regarding state and federal regulations related to the licensing, establishment, maintenance, or continuation of any medical cannabis collective garden is currently available; and W: Word Processing1Ordinances \Moratorium on marijuana collective gardens - renewed 7 -30 -13 SM:bjs Page 1 of 4 11 WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which recreational marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, the Washington State Legislature has adopted a budget with language that calls for the Washington State Liquor Control Board to work with the Department of Health and Department of Revenue to develop recommendations regarding the interaction of medical marijuana regulations and the provisions of Initiative 502; and WHEREAS, the Washington State Legislature has called for these recommen- dations to be submitted to the appropriate legislative committees by January 1, 2014; and WHEREAS, the City has diligently pursued this issue and continues to develop a work program to analyze potential changes to City zoning regulations that may be necessary to address changes in state or federal law, but needs additional clarity from the Washington State Legislature in order to develop a workable set of recommendations for local land use controls for safe and effective regulation of collective gardens in the community; and WHEREAS, the moratorium adopted by Ordinance No. 2379 will expire before the State has rectified the inconsistencies between recreational marijuana and medical cannabis; and WHEREAS, the City deems it in the public interest to renew the current moratorium continued by Ordinance No. 2379 until a period at least 60 days after the close of the 2014 Legislative Session in order to investigate this issue further, obtain regulatory clarity and guidance on how to proceed, and then to adopt City regulations; 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 on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on July 22, 2013 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium renewed herein shall be in effect until May 31, 2014, unless extended by the City Council, pursuant to state law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: W: Word Processing \Ordinances\Moratorium on marijuana collective gardens- renewed 7 -30 -13 SM:bjs 12 Page 2 of 4 A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. One individual person who is the designated provider for only one qualified patient during any 15 -day period, and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. One individual person who is the designated provider for only one qualified patient during any 15 -day period and who complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. Section 5. No Non - conforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non - conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts the findings of facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas" clauses contained herein. Section 7. Work Program. The Director of Community Development and /or his /her designee is hereby authorized and directed to address issues related to determining the legality of medical marijuana dispensaries and collective gardens including but not limited to review of the conflict between state and federal law regarding the legality of zoning and licensing of medical marijuana uses under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. In the event that such uses are ultimately determined to be legal, the work program should also develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Further, beyond the extent established by the Washington State Liquor Control Board, the work program should also coordinate medical cannabis rules and regulations with the recreational marijuana rules and regulations established under Initiative 502. The Finance Director and /or his /her W: Word Processing \Ordinances'Moratorium on marijuana collective gardens- renewed 7 -30 -13 SM:bjs Page 3 of 4 13 designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 9. 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 10. 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 511 day of u, , 2013. ATTEST /AUTHENTICATED: Christy O'Fla erty, MMC, City ' lerk APPROVED AS TO FORM BY: lL.. helley M. Kerslake, City ttorney Filed with the City Clerk: ' �) - L3 Passed by the City Council: --5--L1 Published: W -g--0 Effective Date: 1 -L� Ordinance Number: t4 O y W: Word Processing \Ordinances\Moratorium on marijuana collective gardens- renewed 7 -30 -13 SM:bjs 14 Page 4 of 4 City of Tukwila Washington Ordinance No. Q3--5 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on August 15, 2011, the Tukwila City Council passed Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A, the City is required to hold a public hearing within 60 days of adoption of a moratorium and to adopt Findings of Fact; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council adopts the following Findings of Fact in support of the moratorium adopted by Ordinance No. 2348: 1. The possession or distribution of cannabis (marijuana) has been and continues to be a violation of state law, pursuant to Chapter 69.50 Revised Code of Washington (Washington's Uniform Controlled Substances Act), and federal law, through the Controlled Substances Act ( "CSA "). W: Word Processing \Ordinances\Medical Cannabis Findings of Fact 9 -27 -11 NG:bjs Page 1 of 4 15 2. Initiative Measure No. 692, approved by the voters of Washington State on November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited defense to marijuana charges under state —not federal —law if the person charged could demonstrate that he or she was a qualifying patient or designated provider as those terms are defined in Chapter 69.51A RCW. In 2007, the state legislature amended the law, and in 2011 the state legislature passed a third amendment to the law (E2SSB 5073, Chapter 181, Laws of 2011), portions of which the Governor vetoed. The newly amended law took effect on July 22, 2011. 3. Prior to issuing her partial veto, the Governor received a letter signed by Washington State's two U.S. Attorneys, Michael Ormsby and Jennifer Durkan. In their letter, they wrote that marijuana is a Schedule I controlled substance under federal law and, as such, "growing, distributing and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities." These U.S. Attorneys also concluded, "state employees who conducted activities mandated by the Washington legislative proposals would not be immune from liability under the CSA ". 4. Because the Governor vetoed 36 of the 58 sections of the Legislature's bill amending Chapter 69.51A RCW, the law, in its final form, understandably has inconsistencies and ambiguities. For example, certain sections that were not vetoed make reference to other sections that were vetoed. 5. The recent amendments to Chapter 69.51A RCW change the scope and effect of the law. New sections affect the rights of qualifying patients and their designated providers. The law now allows "collective gardens" that provide for growing and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law also provides other changes to the rights and responsibilities of medical marijuana patients and their designated providers. 6. The new law, however, clearly delegates to cities the authority to implement zoning requirements, business licensing requirements, health and safety requirements, and business taxes as those requirements and taxes relate to the production, processing, or dispensing of medical marijuana. In particular, local regulations could address ambiguities concerning the location and operation of collective gardens, and ensure that provisions related to designated providers are not used to establish a de facto dispensary when the authority for such uses was vetoed. 7. The City Council requires time to conduct appropriate research to understand the extent of the changes provided in the new law, to analyze impacts and potential liabilities under federal law, and to determine an appropriate regulatory framework for any new uses that are allowed under these laws. 8. The City must ensure that proposed locations for these operations are appropriate and that any potential secondary impacts arising from the operation of these uses or facilities are minimized and mitigated. These secondary impacts may include, W: Word Processing \Ordinances\Medical Cannabis Findings of Fact 9 -27 -11 NG:bjs 16 Page 2 of 4 but are not limited to, burglaries associated with the cash and marijuana maintained on the site, or an increase of other illegal activities, such as drug use, within the vicinity of these dispensaries. 9. In particular, and without limitation, staff should analyze the impacts of allowing these uses and facilities in residential zones as well as impacts arising from the proximity of these uses and facilities to schools, daycares, parks, religious and cultural facilities, jails and courthouses. Accordingly, the City Council finds that a zoning, licensing, and permitting moratorium should be established, pending local review of appropriate locations and design requirements of these operations, and impacts of the newly amended law and its interaction with federal law. 10. City staff has presented a staff report to the City Council that outlines a tentative schedule for examining the impacts associated with collective gardens and dispensaries. Given the complexity of examining the issues associated with collective gardens and dispensaries, the City will need at least one year to complete an in -depth analysis and to complete a public outreach program. 11. The City Council, following public notice, conducted a public hearing regarding the moratorium on October 3, 2011. 12. Although the City Council determines that a moratorium is necessary for the reasons established above, the City Council emphasizes that it understands the needs of persons suffering from debilitating or terminal conditions, as well as the benefits that approved medical use of marijuana may provide these persons. Nevertheless, given the complex legal and regulatory framework surrounding this issue, a moratorium remains necessary until the City Council can adequately address the competing interests at play. 13. The City Council has considered the foregoing facts, materials and testimony. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances\Medical Cannabis Findings of Fact 9 -27 -11 NG:bjs Page 3 of 4 17 Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCI F THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this r day of Q er0 , 2011. ATTEST /AUTHENTICATED: Christy O'Flah APPROVE 1 CMC, City Cler y BY: M. Kersla Cit Attorney ' Ji aggerton, Filed with the City Clerk: 9-4P-1/ Passed by the City Council: J 0 ---3-- j/ Published: /0 6-- // Effective Date: /0-1/-// Ordinance Number: A35 0 W: Word Processing \Ordinances\Medical Cannabis Findings of Fact 9 -27 -11 NG:bjs 18 Page 4 of 4 Community Affairs & Parks Committee Minutes April 15, 2014 - Page 2 C. Foster Golf Links Marketing Plan Update Staff provided an update on the status of the Foster Golf Links (FGL) Marketing Plan that was originally presented at Committee in November 2013. Strategies in the Marketing Plan were identified as: 1) Retain and strengthen core customers; 2) Engage lapsed golfers; and 3) Attract new customers. Items of note that address these strategies were described as follows: • The Rewards Card program was launched on April 1, and 178 Rewards Cards have already been sold. Councilmember Seal asked what the expectation for sales is, and staff indicated that 600 card sales is realistic, but 1200 is possible. • FGL has created 9 Get Golf Ready (GGR) instructional programs designed to engage new and lapsed golfers. The first classes begin at the end of April. • FGL has developed a Junior Golf Academy through the PGA that will begin in June. • FGL will partner with the Parks youth programs to incorporate golf into their Summer Camps. Lessons will take place at the Community Center. • FGL has purchased a Verti -Drain aerator to begin the Fairway Aeration and Topdressing Program. INFORMATION ONLY. D. Ordinance: Renewing Moratorium on Medical Cannabis Collective Gardens Staff is seeking Council approval of an ordinance that would renew the moratorium on medical cannabis collective gardens and dispensaries through May 19, 2015, which if approved would be the fourth renewal. Staff's position is that it needs additional clarity from the Washington State Legislature before local land use controls can be developed for safe and effective regulation. It is expected that the State will provide that clarity in a future session, either by merging the medical cannabis and recreational marijuana regulations into a combined system, or by establishing a separate regulatory system for medical cannabis. Also of note, on March 31, 2014, the State Court of Appeals ruled that medical marijuana, including participation in collective gardens, is illegal and thereby affirmed the City of Kent's authority to prohibit collective gardens. UNANIMOUS APPROVAL. FORWARD TO MAY 12, 2014 COMMITTEE OF THE WHOLE. E. Briefing on Recreational Marijuana License Applications to the State Staff provided information on the status of licensing for recreational marijuana producers, processors and retailers in the City. As of February 18, the State Liquor Control Board listed 36 producer, processor or retailer applications for locations in Tukwila, representing 22 unique addresses. As of today's date, this list has been reduced to 26. None of these properties meet both state and City regulation. The five proposed locations that are allowed per the zoning the City adopted in September 2013 are within 1,000 feet of Briscoe Park, making them disallowed under State rules. There have been significant delays in the licensing process and the City cannot yet fully assess potential impacts from recreational marijuana uses. INFORMATION ONLY. F. Development Agreement Amendment: 223 Andover Park East with South Center WA, LLC Staff is seeking Council approval of an amendment to an existing development agreement with South Center WA, LLC for the construction of the Washington Place project at 223 Andover Park East. The project plan has undergone some changes since the original development agreement was approved by Council in March 2013, and the application for design review is scheduled to be considered by the Board of Architectural Review (BAR) on May 22, 2014. The project as currently proposed does not meet certain zoning and sign code standards, so City Council approval to amend the development agreement would need to occur for BAR to consider the project. This 19 20 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared l?); Alcryor'f review Council review 04/14/14 LM ( t 04/28/14 LM Ordinance ] Bid Aniard Allg Dale 5/12/14 CO C/Cr Mtg Dale 6/2/14 6/2/14 CO SP ONSOR' S The ordinances and resolutions to adopt and implement the City's Southcenter subarea S■mm,\Ry plan for the Tukwila Urban Center were discussed at a City Council work session on 4/3/14, and a public hearing was conducted on 4/14/14, with written comments accepted until 4/28/14. The Council is being asked to review the matrix of comments and make a determination on each suggestion. Ordinances and resolutions will be amended based on the discussion. *PLEASE BRING YOUR SOUTHCENTER PLAN AND REGULATIONS BINDER* RI A11,1W11) BY — COW Mtg. CA&P Crnte F&S Cmte Utilities Cmte ] Arts Comm. Parks Comm. DATE: 10/25/12 COMMITTEE CHAIR: ITEM INFORMATION ITEM No. 5.B. 21 STAFF SP( NOR LYNN MIRANDA ORIGINAL AGkNDA DATI,1: 4/14/14 Acn,;Ni),\ Prim T1T1,1 Southcenter Plan Regulations and Guidelines CA'1'1(1( )I(Y Discussion Ml,g Dale 4/14/14 & 5/12/14 Motion Airs Dale la Resolution Ordinance ] Bid Aniard Allg Dale Public Hearing E Other /k Date Arg Altg Date 6/2/14 Mtg Dale 6/2/14 Mtg Dale 4/14/14 Or 4/28/14 SPONSOR Council Mayor HR DCD Finance .Fire _ IT _ P&R 1111 Pollee _ 13[17 SP ONSOR' S The ordinances and resolutions to adopt and implement the City's Southcenter subarea S■mm,\Ry plan for the Tukwila Urban Center were discussed at a City Council work session on 4/3/14, and a public hearing was conducted on 4/14/14, with written comments accepted until 4/28/14. The Council is being asked to review the matrix of comments and make a determination on each suggestion. Ordinances and resolutions will be amended based on the discussion. *PLEASE BRING YOUR SOUTHCENTER PLAN AND REGULATIONS BINDER* RI A11,1W11) BY — COW Mtg. CA&P Crnte F&S Cmte Utilities Cmte ] Arts Comm. Parks Comm. DATE: 10/25/12 COMMITTEE CHAIR: E Transportation Cmte Planning Comm. RECOMMENDATIONS: SPuNsoit/ADmiN. CommiTIEL Department of Community Development COST IMPACT / FUND SOURCE EXPKNDITURI; REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: MTG. DATE RECORD OF COUNCIL ACTION 4/14/14 Continue the Public Hearing to 4/28/14 for written comments only 4/28/14 Forward to 5/12/14 C.O.W. MTG. DATE ATTACHMENTS 4/14/14 Informational Memorandum dated 4/9/14 Southcenter Subarea Planning Process Southcenter Plan Background Material Ordinance implementing Zoning Code regulations for the Tukwila Urban Center Ordinance reenacting TMC 18.28 Resolution adopting the Southcenter Design Manual Resolution adopting the Southcenter Subarea Plan 5/12/14 Informational Memorandum dated 5/6/14, with attachments A-D 21 22 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Tukwila City Council FROM: Nora Gierloff, Deputy DCD Di BY: Lynn Miranda, Senior Planner [)ATE: May 6.2O14 SUBJECT: Public Comments onSmuthcente, Plan and Regulations ISSUE Should the Planning Commssion recommended Southcenter PIan, Chapter 1f[20 Tukwila Urban Center (TUC) District and the Southcenter Design Manual with Public, Staff and Council recommended edits be adopted? BACKGROUND The Southcenter Plan documents the existing conditions in the area and sets the vision for change over the next 20 years. The Zoning nagu|atione, when adopted, will replace the existing TMC Chapter 18.28 and be used to evaluate development proposals and improvement plans proposed on properties within the Southcenter area (TUC District). The Southcenter Design Manual will provide additional design detail for pr jects subject to design review. In 2012 these documents were reviewed by the public and the Planning Commission at an open house, public hearing and series of work sessions. The Commission approved their recommended drafts of the three documents in October 2012. DISCUSSION Council held a public hearing on the documents on April 14, 2014 and received both written and verbal testimony. Staff compiled these comments into a matrix with recommendations and responses. The Council is being asked to review the matrix of comments and decide whether or not to act on each suggestion. Staff will then amend the draft ordinances and resolutions to reflect the Council edits. FINANCIAL IMPACT No direct budget impact. RECOMMENDATION The Council is being asked to forward the revised documents to the June 2, 2014 Regular Meeting for adoption. ATTACHMENTS A. Southcenter Subarea Plan Comment Matrix B. Zoning Code TMC 18.28 Comment Matrix C. Southcenter Design Manual Comment Matrix D. General Topics Comment Matrix 24 Southcenter Subarea Plan Matrix Page numbers are from the documents included in the binders and used for the 4/3/14 Council Work Session. Page # in plan Comment (language changes in strikout/ underline, . recommendation in bold) Exhibit #/ Date /Source Staff cotnrnenifan lysisto tion p. 4, 1.2 Community Intent If the Union Pacific Railroad tracks get relocated /removed, there may be a special opportunity to assemble properties in the area north of the Sounder Station and develop at greater intensities with a wider variety of uses than currently proposed in the TOD District. The Subarea Plan should reflect this possibility. Add to #5 as follows: In the area surrounding the Sounder commuter Derek Speck, 4.28.14 -_-_-::--f _s s== Make this change. rail /Amtrak Station, consider a special opportunity area that could develop at even greater intensities with a wider variety of uses, such as regional serving entertainment and retail. p. 4, 1.2 Community Intent Add a new item: 11. Continue to enhance the driveability of and access to D.Robertson, letter 4.28.14 - s s== Make this change. the Commercial Corridor. p. 12, 1.4 (1) District Structure Revise 3) to read: A rapidly growing demand for walkable urban environments for living, working, playing and shopping; Derek Speck, 4.28.14 - s== Make this change. p. 14, Figure 1.2 Commercial Corridor. Add a new sentence to the end of the description of this district: Results of City research into evolving, successful commercial D.Robertson, letter 4.28.14 - s s== Make this change. corridors elsewhere will be applied to ensure the continuing success of the Southcenter Commercial Corridor. p 23, 1st paragraph Add to the end of the paragraph: Also, if City efforts to relocate or remove Derek Speck, 4.28.14 - s s== Make this change. the Union Pacific Railroad tracks are successful the area north of the Sounder Station and east of W. Valley Highway would open up for redevelopment. There could be a possibility of assembling properties in the area and creating a special opportunity district with mixed use development (such as housing, office, and regional serving retail and entertainment) at greater intensities than currently proposed. p. 24 Commercial Corridor. Add a new sentence to the end: The City will D.Robertson, letter 4.28.14 - s== Make this change. continue to research successful commercial corridors elsewhere and apply the results of this research to ensure the continued success of this highly valued district. p. 33, Second "open" bullet. Add another bullet under Associated measures or actions: Relocation of Derek Speck, 4.28.14 - s== Make this change. Union Pacific Tracks south of 1 -405. P. 38 Recommen ded City Actions See spreadsheet with revised projects /timing Staff, 4.28.14 -ii s== Make these changes. Z: \DCD n Clerk's \Southcenter Plan Materials \5- 12 -14COW Materials \SCPIan CCReview Comments 5- 6.xlsx 05/06/2014 1 V 1N3NHOVJJV Page # in Plan Comment (language changes in strikout/underline,. recommendation in bold) Exhibit #/ Date /Source an ly is /c ptions p 41, Long Term Actions Add to i) Elements: Should the City be unsuccessful in efforts to relocate Derek Speck, 4.28.14 _ :- _ s== Make this change. Union Pacific Railroad tracks, the City shall seek a pedestrian underpass beneath the UP tracks. The City will coordinate with the City of Renton... p. 44, Mid term actions Improve stormwater treatment. Move mid -term action (b) to the Short Term action list and add the word 'ensure' so it reads: "The City will work with the the to improvc thc functioning D.Robertson, letter 4.28.14 ee : »: Staff coordinated with Ryan Larson, Surface Water Engineer, and suggests the following change. The City will work with all properties discharging surface water to property owners on north side of pond ensure the improvements to the functions of the existing stormwater the pond to ensure that existing storm water collection and treatment system (bioswales) thus increasing the retention of phosphorus and other pollutants." treatment systems are properly maintained. Proper maintenance of these facilities will reduce the amount of phosphorus and other pollutants reaching the pond to the maximum extent feasible under current conditions. p. 44 Long term actions Water quality improvements. Move the Long term action item (3) to the Short term action item list. Also, revise the sentence to read as follows: Ovcr thc long tcrm, ilnstall treatment thc D.Robertson, letter 4.28.14 - s== Make this change. vcry alternative stormwater ac p. 44, 4) Public Parking Structure Short term actions, a), last bullet. Revise sentence to read: "Preliminary identification of costs and possible funding sources (e.g., public /private partnership or LID). D.Robertson, letter 4.28.14 - s== Make this change. p. 45, 1.6.2 Street/Circ ulation Network 1) Street and circulation network & facilities, Short Term Actions. Add: d) Relocate Union Pacific (UP) Railroad Tracks The City will pursue the relocation of the UP railroad tracks in a manner that opens up the area north of the Strander Station to 1 -405 and west to W. Valley Highway for redevelopment. This could create a special opportunity area for uses such as regional serving retail and entertainment, in addition to transit - supportive mixed use, including housing. Derek Speck, 4.28.14 - s== Make this change. Z: \DCD n Clerk's \Southcenter Plan Materials \5- 12 -14COW Materials \SCPIan CCReview Comments 5- 6.xlsx 05/06/2014 2 ATTACHMENT B TMC 18.28 TUC District Zoning Regulations Issues Matrix Page numbers are from the documents included in the binders and used for the 4/3/14 Council Work Session. Page in P#an Zoning Code Comment (language changes in stn kout/underline, rec0 ibn in bold) South, Date Staff carntentlanas /op tion s Application of Corridor standards: P. 3 18.28.020.B.4.a Clarify that Corridor standards do not become effective until public right of way and improvements, or private improvements and public access, are implemented. Revise to read as follows: a. Thoroughfare configuration, public frontage conditions, building and parking placement, front yard landscaping, and architectural aspects of that portion of a building's facade within the first 185 feet of a parcel, measured from curb line,, provided, however, that A.Gygi, Target, letter 4.28.14 E3lrtff I lausinlon /irUlr,n, I,or/loo Ir, rnrui zo Vr,llr,wr;r, a. Thoroughfare configuration, public frontage conditions, building and parking placement, front yard landscaping, and architectural aspects of that portion of a building's facade within the first 185 feet of a parcel, measured from curb line, provided, however, that for Future Corridors mapped on Figure 19 these Corridor Standards do not apply until the Corridor is activated by: (i) City acquiring the right of way and installing thoroughfare and public frontage improvements or where Corridors are mapped on Figure 19 in locations that are not lawfully requiring dedication and installation of the same in existing public streets, those Corridor Standards do not apply until connection with a project proposal' or (ii) an applicant or the Corridor is activated by: (i) City acquiring the right of way and owner elects to install the Corridor improvements and provide installing thoroughfare and public frontage improvements or public access in connection with adjoining development. lawfully requiring dedication and installation of the same in connection with a project proposal; or (ii) an applicant or owner elects to install the Corridor improvements and provide public access in connection with adjoining development. P. 3, 18.28.020.B.4 Add: c. For structures proposed on a single lot where more than one A.Gygi, Target, letter 4.28.14 E3lrtff I lausinlon /irUlr,n, I\nrrl <o Ilio r ^I7rrncgo;; uncioillnoci bolr,wr, The intent of having corridor standards is to provide continuity along both sides of a street. Allowing each property owner to select a different corridor type for his frontages would result in sidewalks that jog back and forth and inconsistent landscaping. The corner issue is discussed at p. 35 18.28.160 C which could be modified to address some of Target's concerns: C. Corner Parcels New buildings located at the intersection of two or more corridor applies, only one building side shall be reauired to constitute the public "front- door." Modification reauests to allow back -of -house functionality shall be liberally granted, subiect to the back -of -house screening guidance set forth in [new section of design manual]. Where more than two corridor types apply to a property, (i) no structure shall be reauired to meet more than two distinct corridor standards, (ii) the applicant shall be allowed to select the front door corridor type, consistent with subsection 18.28.160.C, and (iii) the applicant may select a second corridor type to apply to multiple building sides and /or be allowed design flexibility through the modifications procedure at TMC 18.28.130.C. Corridors where Building Orientation is required shall have an entrance(s) oriented towards at least one Corridor to be determined by the developer. 18.28.200 C. Add a New Section: 5. On sites where all sides of a building are subject to Corridor standards per 18.28.020 B. 4 a. ground level transparency may be waived for the facade facing the least travelled Corridor. The areas. Design Manual Example of service already fagade contains a section on service with design elements or Ps IT rr, Ili VI p 4. 18.28.030.A.5 Specify that existing structures do not become non - conforming structures under Chapt 18.70 due solely to city's adoption of new corridor standards and design manual. Edit as follows: 5. Alterations to nonconforming ctructureo uses, landscape areas or parking lots shall be withsubiect to the standards in TMC Chapter 18.70, "Non- A.Gygi, Target, letter 4.28.14 E Irrf I la us In londdli ,nl INu, I7rrnyyo, This leaves the TUC Zone with no rules for non - conforming structures, creating confusion and unpredictabili y. conforming Lots, Structures and Uses." P. 5 18.28.030.D.1.a Clarify that interior work is exempt from Applicability of Corridor Standards and Design Review. Revise to read as follows: a. Projects meeting the thresholds for design review set forth in 18.28.030.D.1.b. and c. shall be evaluated using applicable regulations in this chapter and the guidelines set forth in the Southcenter Design Manual. Work performed within the interior of A.Gygi, Target, letter 4.28.14 Eilrtff I,rn1usinlonddliun, I\nrrl <o'Ilss r ^I7rrncgo, The proposed language reflects the City's practice since design review was implemented in Tukwila in 1989. For consistency also add this language to the Workplace section D. 2. a. Buildings containing any dwelling units which meet the following thresholds for design review shall be evaluated using applicable regulations in this chapter and the guidelines set forth in Southcenter Design Manual. Work performed within a structure does not trigger design review or application of District or Corridor Standards. the interior of a structure does not trigger design review or application of District or Corridor Standards. p. 5 18.28.030 D 1 b(3) The proposed triggers for the Corridor specific standards are unclear, arbitrary and should be revised. Target is concerned with thresholds for design review and compliance with corridor standards during remodels. A. Rigel, Target, Hearing 4.14.14 E;Irrff I,or oil InIoriddlir,n IVu, r Iidnyyo, The trigger for design review for exterior changes greater than 10% of assessed valuation and full code compliance triggered by destruction of a building by more than 50% are existing standards in the current code and have been in place since 1989 and 1982 respectively. Z. n Clerk's \Southcenter Plan Materials \5- 12 -14COW _Materials \SCPIan_CCReview_ Comments_5- 6.xlsx 1 27 Page i to man ' Z Zoning Codo Comment S Source, Date - S Staff. commentlanaTysis/optians- Design Review Thresholds p. 5 -6, 18,28,030 R Raise compliance threshold for exterior remodels and expansions. A A.Gygi, Target, E E;Irtff I ,ov;r,n In ioiulrUlumIVIrrl <o (Ally Il,o ui,o r ^I °,rrnc {o rro PI existing building footprint shall meet all requirements for the new b portions of the structure,.... W aAny exterior repair, reconstruction, cosmetic alterations or b review shall be for the portion(s) of the structure's exterior where S work is performed, provided, however, that compliance with d corridor -based architectural standards and building i orientation /placement is only required for existing buildings ealy if W they are destroyed by any means to an extent of more than t remodel. Threshold valuations will be determined in the reasonable t judgement of the City's Building Official. t building footprint shall meet all requirements for the new portions a the s of t orientation /placement is only required... ". Changing the prcmiecs). o threshold to 80% for non - voluntary destruction would make the TUC standards more lax than other commercial districts. Wul�l� A * iil Ji J 1 1 11 1 1�� p. 5 18.28.030 D 1 10% is too low of a threshold and too easily achieved even with A A.Ekberg, letter 3 3frtff Ilofiponfio, Changing the threshold for design review on p. 5 18.28.030 D I Increase the percentage of assessed evaluation from 10% to 50 %. K K.Hougardy, letter { {31 rtff 11ofiponfio, See above response. The current design District Standards p. 9 18.28.040 T The district standards properly support retail investment. A A. Rigel, Target, N No change requested. p. 9 18.28 040 A Add discussion of the other sides of Tukwila Pond. Insert intent A A. Ekberg, Hearing E E;Irtff I lo nuri IVIdlKo Phil I,rtr,c, {o. p. 10, Fig. 16 E Expand the boundaries o „mowJ ° of the C Commercial C , „ Corridor District (see D D.Robertson, letter { {31 rtff I Ilofiponfio, T This w would make a number o of existing Z. n Clerk's \Southcenter Plan Materials \5- 12- 14COW_ Materials \SCPIan_CCReview_ Comments_5- 6.xlsx 2 Page i in man ' Zoning Code Comment (language &Flanges in strikout/underline, rsegrrtr0erldat can in,boid) Source, Date - staff .comment /ana ysis /aptians- p. 11 18.28.050 Table 2 Land Uses 1) Amend land use table 2 to allow bars and nightclubs east of the river and south of Strander, add P3 to the TOD column for that use. If feel strongly against this, add Sports Bars to the allowed uses in the TOD District. 2) Amend land use table 2 to allow bulk retail east of the river and south of Strander, add P3 to the TOD column for that use. 3) Amend note 1 to the land use table 2 to change the minimum interior height for ground level retail from 18 feet floor to floor to 12 feet. 4) Amend land use table 2 to allow Special Event Facilities be allowed and considered as a restaurant use in the TOD District east of the river. J. Durkan, Desimone, Hearing 4.14.14; letter dated 4.18.14 Eilrrff I locum in loiulrUlu,ri IVI rl <o Illis rlidngo. The code anticipates larger, more auto oriented uses in this location closer to the railroad tracks so bars and nightclubs could also be appropriate. Eilrtff I locum Hi loiulrUlr,r7, INu, t I7 zngo, There is ample opportunity for bulk retail uses in 3 of the 5 districts where it is permitted. Eilrrff I locum in Ioricklir,r7, INu, t I7rrnyyo, This requirement is informed by Seattle's experiences with high vacancy in poorly designed retail spaces. If the floor to floor height is 12 feet after subtracting the floor structure and a dropped ceiling the tenant space may only be 9 feet in height which is low for retail. Eilrtff I locum in Ioricklir,ri INu, ulidnyyo, This is a request tied to a specific business that will be established prior to adoption of the new code. This is best addressed through a code interpretation rather than a code change. Animal Kennels and Shelters, including doggy daycare. Considering residential area, having access to doggy daycare in the area would be a nice amenity. Having kennels and shelters that are enclosed (not outside) seems appropriate. A.Ekberg, letter 4.22.14 {3trtff l looponoo, The concern with this issue is noise impacts in the vicinity of residential uses. This use is permitted with a Conditional Use Permit in the Commercial Corridor and Workplace districts. Bars & Nightclubs. Having Bars and Nightclubs on the West side of the river in the TOD would enhance the vision of an entertainment district, especially along Baker Blvd which extends into that section of the TOD area. A.Ekberg, letter 4.22.14 {3trtff l looponoo, The concern with this issue is noise impacts in the vicinity of residential uses. This use is permitted in the Regional Center, Commercial Corridor and Pond districts. Bulk Retail. Considering the potential for multifamily in the TOD district, having access to bulk retail stores for mattresses, lighting, and other household goods would be beneficial. It would be good to be able to allow such stores but avoid ones that do not support direclty households. A.Ekberg, letter 4.22.14 {3trtff l looponoo, The concern with this issue is that bulk retail uses tend to have large, warehouse like buildings with lots of truck deliveries, blank walls and low customer densities. This dos not fit the vision for the TOD district. This use is permitted in the Regional Center, Commercial Corridor and Workplace districts so residents would not have to go far to shop at these types of stores. Automotive Service and Repair. Do not allow in the Commercial Corridor District D.Robertson, letter 4.28.14 {3trtff l looponoo: Removing this would not cause any existing businesses to become non - confoming unless the Commercial Corridor was extended along 180th as proposed by Councilmember Robertson above. In that case Les Schwab and Jiffy Lube would be affected. Personal Services (e.g. beauty & barber shops, nail salons, spa, travel agencies). Do not allow in the Commercial Corridor District D.Robertson, letter 4.28.14 Skiff lloolar,noo: This would cause 2 nonconformities at Southcenter Square. Recreation facilities (commercial indoor). Do not allow in the Commercial Corridor District. D.Robertson, letter 4.28.14 {3trtff I looponoo: Removing this would not cause any nonconformities and would retain the district's focus on larger scale retail. Recreation facilities (commercial outdoor). Do not allow in the Commercial Corridor District. D.Robertson, letter 4.28.14 {3trtff I looponoo: Removing this would not cause any nonconformities and would retain the district's focus on larger scale retail. Repair shops (small scale goods: bicycle, appliance, shoe, computer). Do not allow in the Commercial Corridor District. D.Robertson, letter 4.28.14 Skiff Iloolar,noo: Removing this would not cause any nonconformities and would retain the district's focus on larger scale retail. p. 12, Table 2 Vehicle rental and sales (not requiring a commercial driver's license). Do not allow in the Commercial Corridor District. D.Robertson, letter 4.28.14 {3trtff I looponoo: Removing this would not cause any nonconformities and would retain the district's focus on larger scale retail. Medical and Dental Laboratories. Do not allow in the Regional Center, TOD, Pond, and Commercial Corridor Districts. D.Robertson, letter 4.28.14 {3trtff l looponoo: There may be some labs in the medical dental building on Strander and there is a dental laboratory on West Valley at Longacres that could be affected, both in TOD. Daycare centers. Do not allow in the Commercial Corridor District. D.Robertson, letter 4.28.14 {3trtff l looponoo: Removing this would not cause any nonconformities and would retain the district's focus on larger scale retail. p 13, Table 2 Internet Data Centers, et al. Consider conditional use or other mechanism to allow such exchanges due to routing of fiber cable in that area. A.Ekberg, letter 4.22.14 {3trtff l looponoo, Utilities are permitted or conditional uses in all zones. Internet data centers like the facility on the S side of 180th outside the TUC tend to have large, warehouse like buildings, blank walls and low employee densities. This only fits the vision for the Workplace district. Commercial parking, day use only. Do not allow in the Commercial Corridor District. D.Robertson, letter 4.28.14 {3trtff l looponoo: The idea of this use is to provide overflow parking so that businesses could "right size" their parking without causing hide and ride problems for their neighbors during periods of high use. Park and ride lots. Do not allow in the Commercial Corridor District. D.Robertson, letter 4.28.14 {3trtff I looponoo: Removing this would not cause any nonconformities and would retain the district's focus on larger scale retail. P. 14 Table 3 District Standards Maximum Height - TOD. Would like to see 45 ft change to reflect the area can sustain higher heights, such as "45 ft w/p 115" - meaning 45ft with potential to 115 or what ever the appropriate height. A.Ekberg, letter 4.22.14 {3trtff l looponoo: What about changing the row heading to say "Maximum Height without incentives ": Table 3 District Standards `District Standards n<�, Too P�nr oan _ naant m slrr 25 i r Donna t Darting n/a wY rr t+ar atlEa ]]5 fr, or 70ft ItS if h ilv Heqf I. u.r:rrlrve kwv8 incrc se wln ''.,. Z. n Clerk's Southcenter Plan Materials \5- 12- 14COW_ Materials \SCPIan_CCReview_ Comments_5- 6.xlsx 3 29 Page i in man ' Zoning Code Comment {language ehanges in 8trikou erline, rsegrrtrnerldat can in,boid) Source, Date - Staff. comment /analysis /optioas- Corridor Standa ds p. 18 18,28.120 The corridor specific standards should be revised to provide flexibility for properties with multiple corridor designation. Target's store is bordered by 4 different corridors and complying with multiple standards could be burdensome to a future remodel. A. Rigel, Target, Hearing 4.14.14 Eilrtff I locum In Ioiulr lrun INu, 1rI7rrnyyo, Compliance with the future corridor standards will only be required for redevelopment that occurs after the corridors are built as streets. Under the current configuration of the Target site only the Strander corridor standards would apply as the building is more than 185' from 61st Place S. The current code provides flexibility at 18.28.130 C. Modifications, 18.28.150 B. Exceptions, and 18.28.160 C. Corner Parcels. p. 21, Fig. 19 Corridor Type map Label the Walkable Corridor along the east edge of Target's property as Future Walkable Corridor. A.Gygi, Target, letter 4.28.14 E3lrtff I locum in IoiulrUlr,n IVIdko f1710 rl7rtnc {o. This corridor segment has not been developed with the frontal improvements or easements for public use. Control impacts of multiple corridors to building function and design construction costs: 1. Eliminate the designation of Future Neighborhood Corridor running along the west side of the Target property. 2. Target proposes new design guidelines for back of house: For back -of -house facades, prescribe aesthetic guidelines in the Design Manual for the use of landscaping, screening, and other non - structural measures that allow unencumbered building function while improving aesthetics for passers -by and adjacent development. A.Gygi, Target, letter 4.28.14 Eilrtff I locum "InloiulrUlr,n, INu, 1rI7rrnfyo, 1) In the long term access to the west side of Tukwila Pond is an important part of the vision. See above discussion about waiving transparency requirements on one side of buildings that face multiple corridors. 2) The Design Manual already contains a section on service areas. We could add loading docks to the section on automotive service bays, see suggestion in the Design Manual matrix. P. 44. 18,28,210 Front Yard Encroachments Covered walkways.Include the ability to use covered walkways in front yards since it rains a large portion of the year. This could substitute for canopies and awnings and can be detached from building facade. A.Ekberg, letter 4.22.14 Eilrrff I,rnx,ninloiulrUlr,n IVIdko P1710 rl7rtnc the language at 18.28.210 Front Yard overhangs such trellises, canopies and freestanding covered walkways may {o. Add walkways to Encroachments Building awnings and extend horizontally into the public frontaae... Landscaping, O)en Space & Parking Standards p. 51, 18.28.240.B.6.b Interior Parking lot landscaping. There is no option in this section for the Director of Comm. Development to override or provide flexibility to the requirements. There may be unique circumstances we aren't aware of that may be of benefit to have the DCD weigh in and decide. A.Ekberg, letter 4.22.14 {3frt1f I loopons° There is language about "flexibility is allowed for the layout of parking lots and landscaped areas ". In the case of an existing site that is or would become non - conforming 18.70.090 provides flexibility through design review. p 56. Table 4 Open Space Residential open space in the TOD Neighborhood and Pond area should be waivable due to the local public space amenities available in said area, such as trains, walk ways, parks, etc. A.Ekberg, letter 4.22.14 {3frt1f i looponoo, The intent of residential open space is to provide the types of on -site amenities such as balconies, decks or workout facilities characteristic of high quality housing. Residential open space in the TOD Neighborhood and Pond area may not have to be developed on the individual building site if an agreement can be reached between builder and City and funding from the builder set aside and 'banked' for future use by the City within the neighborhood for communal open space projects. A.Ekberg, letter 4.22.14 E3laff Iloolar,r7oo, See above. It is my understanding that these open space requirements may be in conflict with RCW 82.02.020. Some entities have challenged open space requirements and won based on this RCW. Have our legal council review. K.Hougardy letter 4.25.14 {3trtff I loopomo, The commercial and residential open space requirements have been part of the Southcenter Plan since the first draft. The City Attorney has been involved in reviewing the entire set of documents as they have evolved. Tukwila has required multi - family recreation space since 1977. Locally Seattle, Shoreline and Renton require on -site open /recreation space. The amount of open space required for new construction may not allow the project to pencil out. K.Hougardy letter 4.25.14 {3trtff I loopons° The proposed standard for multi - family is much lower than in other zones in the City. In the past businesses in Tukwila have voluntarily provided amenities that would qualify as pedestrian space. No businesses have raised this as a concern. Ci �o�� .. ��..�J 1 r l7y d 041 o � '/% °'a9tI0U��ro,' V1t I4 4Ik � r wi ( 1 A (!' U ,yfINMb add mr lt + gym. New construction will already be paying park impact fees. It makes sense for the city to use those impact fees to create planned spaces in the area rather than a bunch of smaller spaces that may be less cohesive. Prospective builders may question why they have to pay park impact fees and create park -like open spaces, and it seems like a reasonable question. K.Hougardy letter 4.25.14 {3trtff I loopomo, The intent for pedestrian space is to create gracious entries, plazas and courtyards for outdoor dining, employees to eat lunch or customers to sit and take a break. Although there is overlap parks are usually larger scale and intended to also host active recreation, concerts or civic activities. The amount of open space required for retail & office seems prohibitive. The amount of open space required for retail and office should be reduced to 10 or so square feet, or based on some different calculations. K.Hougardy letter 4.25.14 {3frt1f I loopons° The Council should discuss ideas for changes in this area. 25 to 50 square feet of open space per hotel /motel room seems like it often would be difficult to pencil out as well. Hotels may have 100 or more rooms. Are lobbies, pools, weight rooms, etc. included in this space? K.Hougardy letter 4.25.14 {3frt1f I loopons° Pedestrian space for commercial uses must be outdoors except for children's play areas. P.57 18.28.250.E.2.e. The italicized portion of the following regulation is too restrictive: Pedestrian spaces shall be located to take advantage of sunlight to the greatest extent possible. South - facing plazas are generally preferred, unless particular lot configurations prevent such orientation. In no cases are pedestrian spaces to be only north- facing." Locating a pedestrian space on the north side may be the only option in some cases. K.Hougardy PC Worksession 4.3.14; letter 4.25.14; and A.Ekberg letter 4.2..14 Eilrtff I locum In lonvidlrun Delete the provision as follows:4a-Re- to be facing. cm.,cs arc pcdc.,trian „paccs permittcd only north The remaining text adequately conveys the intention. P.60 18.28.250.F.3.d Providing at least 3 of the amenities in a common open space is too much. What other option can we give? K.Hougardy PC Worksession 4.3.14; letter 4.25.14 Eilrtff I locum in lonvirUlr,n Revise as follows: open spaces for a site shall provide at following amenities for every 200 square "The common least t1 the +eeone of feet of common space, up to a maximum requirement of 3 amenities. to accommodate a variety of ages and activities." Z.\DCD n Clerk's \Southcenter Plan Materials \5- 12 -14COW _Materials \SCPIan_CCReview_ Comments_5- 6.xlsx 30 4 Page i in man ' Zoning Code Comment (language changes in st'ikcut/underline, rsegrrlrneodat'on in,boid) Source, Date - staff .comment /ana ysis /aptians- P.60 18.28.250.F.3.f Courtyards — does this item have some provisions for flexibility if the site can't accommodate these exact standards? K.Hougardy letter 4.25.14 {31,-;11' I ,or;Inonr;o, 18.28.250 D 4 d. allows the property owner to apply for modification through the special permission process. P. 63 18.28.260 B 5 b Reduce the parking requirement for 2 bedroom apartments from 1.5 to 1 on properties within 1/4 mile of the transit or Sounder stations without a Type 2 Special Permission application. J. Durkan, Desimone, Hearing 4.14.14; letter dated 4.18.14 E;Irrff I ,oG;r',n'in Ioriddlir',ri Nu r Iidngo, The parking reduction language as written provides a greater degree of flexibility than the proposal. The Type 2 application process is administrative and can run concurrently with a project's other permits so does not add additional review time. P. 63 18.28.260 B 5 b The 600 foot radius from transit stations for eligibility for commercial properties to request a parking reduction is too small, should be increased. A. Ekberg, Hearing 4.14.14 {3frtff I lor;ponr;o, The images below approximate the properties included in a 600 and 1000 foot distance from our transit stations. This is not exact because the code specifies walking distance not radius so some highlighted properties on the edges may not qualify. 600 foot Radius VI m41/:iwlt¢ y�7 �J /�4d1 '�il /)Iii / r FlI fJi " '' fl f l b from Transit 1 / "J�VI I4 /!a rr �i i' +,00 ,r If k# ll ' Centers ' 141; /or �l / ''�fy �f�(' %��.� lnrw! $ ;r ,r i i!'. / lr; .. �I '/ � ,. n ,' ,� V��' �fj�i(y�Xf( f a 0pd, A r I 1000 foot Radius from Transit 1 e d�1 1 ,Ulll��A! ��y�'q a i6� I( (Vd,`„wlii I,r' rr�al % r i'1' l!'1 j i1 J ' ( fl,li 1, Ilf l J r rtl % l° 11110,001, 00, �` fN G%4 Mflr/IDllAnmif / =.,. /r e1u;r -r 1 I ,or;ponr;o, The lack o accommodate overflow is a minimum parking standard but use their judgement about whether particular use would require Centers A /r;r r /r ��r �� A VIP /1' WkR"5�' r9 , F o � !r g r iDy /; v , / ,ro,3 on- street parking concern. The intent let businesses and they thought more spaces. o pay was developers their � .111111111 lots to q, � H 41 , to set a p 64. Table 5 Parking Residential - 2+ Bedroom unit or studio. Minimum parking need of 1.5 plus .5 space for each additional bedroom over 2 may be adequate based on closeness /proximity to transit hub (busway) or ail, as residential development moves further out from close proximity to those, the parking needs should increase due to lack of convenience. The condos and appartments on Tukwila Hill north of Tukwila Park, even built to 'old' more lenient parking standards had abundant overflow parking onto City streets. A.Ekberg, letter 4.22.14 p 62. 18.28.260 General Parking Requirements Provide for shared parking arrangements between businesses to reduce the parking requirement burden on all businesses. A.Ekberg, letter 4.2.14 No change. Provision already in proposed code - see p.63 18.28.260.B.5.d Provide regulations that would encourage shared access points for vehicle traffice between adjacent properties so vehicles would not need to transition to City roadway in order to get to neighboring properties. A.Ekberg, letter 4.2.14 No change. Provision already in proposed code - see p.65 18.28.260.C.1.f Curb cuts and driveways Z. n Clerk's \Southcenter Plan Materials \5- 12- 14COW_ Materials \SCPIan_CCReview_ Comments_5- 6.xlsx 5 31 32 Southcenter Design Manual Issues Matrix Page numbers are from the documents included in the binders and used for the 4/3/14 Council Work Session. Design n . Criteria Comment (language changes in strikoutlunderline,. recommendation in bold) Exhibit # 1 Date /source staff commeniklanalysis %options i, Interpretation Public realm. Provide a definition A.Ekberg, letter 4.22.14 __ - i° e , -- -_ 18.28.120 Corridors A. Purpose: To provide standards specific to a hierarchy of corridors and implement the vision for Southcenter as set forth in the Subarea Plan. B. A Corridor consists of the following elements a : a- (see Figure 18. Corridor Definition of Terms): p. 4 Service Areas and Mechanical Equipment Response to Target's suggestion for new design guidelines for back of house facades. A.Gygi, Target, letter 4.28.14 __ _a_ - _ a : _ -; Add loading docks to the service areas and mechanical equipment section of the Design Manual. B. Autemetiv2Loading Docks and Service Bays: Buildings containing loading docks or automotive service bays shall be designed to minimize their visibility from the public realm. p 16, 7. Entrances & doors.0 Secondary entrances. Change "shall" to should under the photo examples A.Ekberg, letter 4.22.14 - - - - =, to provide more flexibility. 01N3NH0VJJV W W 1 Z: \DCD n Clerk's \Southcenter Plan Materials \5- 12 -14COW Materials \SCPIan CCReview Comments 5- 6.xlsx 05/06/2014 W General Topics Matrix CI 1N 3 IN H OVJJ V � r at l de ere er d t t � el ,e sta�emrnenfTeneiyiscslt�ar>s Approve Plan We encourage the City Council to adopt the 2014 TUC Plan (Subarea Plan, Design Manual and TMC 18.28). B. Carson, Westfield, Hearing 4/14/14 No change requested. Approve Plan Sears appreciates the vision articulated in the Plan. Earlier concerns have been heard by staff and addressed, for example the Freeway Frontage Corridor. Customer certainty about adequate parking is important for sales of Sears merchandise. J. Terrel, Sears, Hearing 4.14.14 No change requested. More Thought to Commercial Corridor The businesses along the Commercial Corridor section of the urban center bring in a significant portion of the area's tax revenue and yet are not given much attention in the Plan. This area should receive a similar amount of emphasis. What are other cities doing for their similar areas? D. Robertson, Hearing 4.14.14 Staff Response: One of the original concepts of the Plan was to phase the improvements and changes to the area from north to south. The Southcenter Parkway corridor has received major investments on the north end at the Klickitat /Strander intersections and the extension to the south with a reconfigured 178th Street. Lighting & Sign Overlay District Baker Blvd Corridor. Provide a 'Lighting and Sign Overlay District' that eliminates City sign code amendments so that this area can become a true entertainment district with vibrant lights and signs that will be a major attraction in the Pacific NorthWest. A.Ekberg, letter 4.22.14 Staff Response: This is a new concept for the Plan that should be discussed by the Council. Codification format Provide for public consumption a Southcenter Plan and Design Manual that is codified by ordinance. It would be best if the narrative for the zoning ordinance reference the Southcenter Plan and Design Manual regulations rather than codifying them in the ordinance. The 3 ring binder /or manual concept is easier to digest and more relevent to understanding while keeping images and tables intact. A.Ekberg, letter 4.22.14 Staff Response: We have met with the City Clerks office several times to discuss how to best format and present the new Codes. While they will need to be codified for adoption we can also develop a more Internet friendly format with links and photos. Plan funding needs Provide a listing of all public investment needs identified within the document. A.Ekberg, letter 4.22.14 Staff Response: Staff has developed a summary table of proposed City actions. CI 1N 3 IN H OVJJ V 36 COUNCIL AGENDA SYNOPSIS Inztialj Meeting Date Prepared by Mayor:r rqiew Council review 05/12/14 CO ..., ,, . LAI 05/19/14 CO Bid Award AI Dale Pub/ic Hearing Altg Dale Other Altg Dale C.vric.„;()Ry Discussion MA Dale AR; SP ONS() R Council Mayor HR P Finance 7 Fire IT P&R Police PIF DCD INFORMATION ITEM No. 5.C. 37 STAFF SPONSOR: DAVID CLINE/SHELLEY KERSLAKE ORIGINAL AGENDA ATE: 05/12/14 AG F,NDA LH N TrnE Fire Facilities Agreement with Segale Properties as part of the Tukwila South Project. 05/12/14 Motion Dale 05/19/14 — Resolution Mxg Dale Ordinance Altg Date Bid Award AI Dale Pub/ic Hearing Altg Dale Other Altg Dale C.vric.„;()Ry Discussion MA Dale AR; SP ONS() R Council Mayor HR P Finance 7 Fire IT P&R Police PIF DCD SP ONS0R' S Consideration of a Fire Facilities agreement with Segale Properties based on timelines SUMMARY required in the original Development Agreement executed in 2009. - INIIAVED BY COW Mtg. CA&P Cmte r F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. _ Planning Comm. DATE: COMMIYFEE CHAIR: RECOMMENDATIONS: SPoNsct/ADmiN. COM N4 Mayor's Office/City Attorney HIM COST IMPACT / FUND SOURCE ExmNDITuRE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED so so so Fund Source: N/A Com Menls: n/a MTG. DATE RECORD OF COUNCIL ACTION 05/12/14 MTG. DATE ATTACHMENTS 05/12/14 Informational Memorandum dated 5/6/14 Fire Facilities Agreement 05/19/14 37 38 TO: City of Tukwila INFORMATIONAL ��KU�� nn�x ��n-�o�n��n n��n��nu~ n�n�~n�n��n�x�xx��nmo Mayor Haggerton Tukwila City Council FROM: David Cline, City Administrator Shelley Kerslake, City Attorney [}ATE: May G.2014 SUBJECT: Fire Facilities Agreement ISSUE Whether to authorize the Mayor to enter into a Fire Facilities Agreement between Tukwila and Segale Properties, LLC ("Segale"). BACKGROLJND AND DISCUSSION In 2009, Tukwila signed a Development Agreement (DA) with Segale for the development of Tukwila South. Section 4.8.3 of the DA requires that the City and Segale Properties agree on the development of accounting protocols in order to track operation and maintenance costs associated with providing Fire, Po|ims, Public Works and Parks services to Tukwila Gouth, as well as track revenue generated by the deve|Vpnnent, including sales tox. REET, and utility taxes. If the protocols are not developed or the DA amended to address this issue, the DA will terminate. The development of these protocols has proven prob|emadc, for various neesnns, such as Tukwila's lack of a unique zip code. For this reason, the City Administration believed that this was a good time to reevaluate the need for the financial guarantee and approached Segale to see whether a more appropriate alternative could be agreed upon. After several months of negotiation the parties have reached a tentative agreement. Under this proposal, Segale properties will pay the City $175 million in cash and they will pre-pay $3 million in impact fees. These payments will be paid on a set schedule over a fifteen-year period. This obligation will be secured by a deed of trust. This approach accomplishes several thingo, it gives everyone certainh/, it allows for money to come to the City on an agreed upon schedule which will provide payments for bonds that will be issued to build the new fire station in Tukwila 8outh, when it is warranted and it frees up funds for operation and maintenance coverage, should it be needed. RECOMMENDATION The Council is being asked to authorize the Mayor to enter into the attached Fire Facilities Agreement between Tukwila and Sega le. This item is scheduled for the May 12, 2014 Committee of the Whole meeting. ATTACHMENTS Fire Facilities Agreement 40 FIRE FACILITIES AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC, THIS FIRE FACILITIES AGREEMENT ( "Agreement ") is made and entered into this day of May, 2014, by and between the CITY OF TUKWILA ( "City "), a non - charter, optional code Washington Municipal Corporation, and SEGALE PROPERTIES LLC, a Washington limited liability company ( "Segale "), formerly known as "LA PIANTA LLC." I. RECITALS WHEREAS, the City and Segale entered into a certain Development Agreement relating to the Tukwila South development ( "Tukwila South "), dated June 10, 2009 (the "Development Agreement ") as amended pursuant to that certain First Amendment to Development Agreement dated May 18, 2010 (the "First Amendment ") and that certain Second Amendment to Development Agreement dated November 21, 2012 (the "Second Amendment "); and WHEREAS, pursuant to Section 4.6.2 of the Development Agreement, Segale dedicated to the City, for use as a fire station, the real property legally described on the attached Exhibit A (the "Fire Station Property "); and WHEREAS, pursuant to Tukwila Municipal Code chapter 16.26, development activity with the City of Tukwila is required to pay a fire impact fee; and WHEREAS, parties agree that there is mutual benefit in the timely construction of a fire station on the Fire Station Property; and NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long -term benefit to both the City and Segale, the parties hereby agree as follows: II. AGREEMENT 1. Defined Terms. Defined terms used herein shall have the meaning set forth in the Development Agreement and Tukwila Municipal Code chapter 16.26. 2. Fire Impact Fees. The City is authorized under RCW 82.02.050 through RCW 82.02.090 to collect an Impact Fee to fund fire facilities needed to serve growth and development. The terms of this Agreement are expressly contingent on the City, during the Term of this Agreement, keeping in full force and effect the provisions of Tukwila Municipal Code chapter 16.26, which may be amended from time -to -time, and assessing an Impact Fee on all Development Activity within the Tukwila South Project. However, the City retains the ability to waive or otherwise reduce impact fees on a development by development basis, pursuant to state law; provided that the reduction in fees does not fall below the City refund requirement pursuant to this - 1 - 41 agreement. For purposes of this Agreement, the Impact Fee collected by the City from Development Activity within the Tukwila South Project shall be referred to as the "Project Impact Fee(s)." 3. Impact Fee Payment. In order to mitigate the impacts of the Tukwila South Project on the City's fire facilities, Segale shall make the following payments, which shall be paid in annual installments commencing December 1, 2017 (the "Annual Installments "), in accordance with the payment schedule set forth in the attached Exhibit B (the "Payment Schedule "): a. Segale shall pay the City a non - refundable mitigation fee in the amount of One Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00) (the "Mitigation Payment "). b. Segale shall pay the City a refundable Impact Fee deposit in the amount of Three Million Dollars ($3,000,000.00) (the "Impact Fee Deposit "). 4. Refund of Deposit. The City shall provide Segale with a refund of the Impact Fee Deposit (the "Refund "), provided that the Project Impact Fees shall be the sole source of revenue for the Refund, and provided further, Segale shall not be entitled to receive interest on the Impact Fee Deposit. Commencing January 1, 2018, the Refund shall be paid by the City annually, no later than January 31St of each year, in an amount equal to the Project Impact Fees collected by the City during the preceding year (the " Annual Refund "); provided, the Annual Refund amount shall not exceed the total amount of Annual Installments paid as of the date of the Annual Refund and in the event the annual amount of Project Impact Fees exceeds the total Annual Installments, the balance shall be carried forward and refunded in subsequent years. 5. Record Keeping. The City shall maintain records of the Project Impact Fees, and the City shall provide Segale with quarterly reports indicating the amount of Project Impact Fees collected during the preceding quarter. 6. Use of Impact Fee. The City shall use the Mitigation Payment and the Impact Fee Deposit solely for financing the design, construction and operation of fire facilities on the Fire Station Property, and for no other purpose. The City shall commence construction of a fire station on the Fire Station Property by the end of the payment schedule set forth in Section 2.b. 7. Security for Payment. Segale's obligation to pay the Mitigation Payment and the Impact Fee Deposit shall be secured by a deed of trust, in the form of the attached Exhibit C (the "Deed of Trust "), recorded against the real property legally described in the attached Exhibit D (the "Encumbered Property "). Segale shall have the right to substitute as security from time to time one or more deeds of trust in the same or similar form on other real estate acceptable to the City in the exercise of reasonable discretion so long as the unencumbered value of the substituted collateral is equal to or greater than Segale's financial obligation under this Agreement. 2 42 8. Term of Agreement. This Agreement shall remain in effect for the latter of (i) fifteen (15) years, or (ii) until Segale receives a full refund of the Impact Fee Deposit. 9. Assignment of Rights. In its sole discretion, Segale may assign this Agreement to any party who acquires, through lease or purchase, 50% or more of the property within the Tukwila South Project. 10. Default. No party shall be deemed in default under this Agreement unless it has failed to perform as required for a period of thirty (30) after written notice of default from the other party. A party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation damages, specific performance, or writs to compel performance or require action consistent with this Agreement. In the event the City defaults in the performance of its obligation under this Agreement, Segale shall, in addition to all remedies available at law or equity, be entitled to suspend performance of its obligations until the City's default is cured. 11. General Provisions. a. Notice. All communications, notices, and demands of any kind that a party under this Agreement requires or desires to give to any other party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the City: City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 98188 Attn: Mayor's Office and Director of Public Works and Director of Community Development If to Segale: Segale Properties LLC P.O. Box 88028 Tukwila, Washington 98138 -2028 Attn: Mr. Mark A. Segale Notice by hand delivery or facsimile shall be effective upon receipt, provided that notice by facsimile shall be accompanied by mailed notice as set forth herein and shall be evidenced by a machine - printed confirmation of successful transmission. If deposited in the mail, certified mail, return receipt requested, notice shall be deemed delivered forty -eight (48) hours after deposited. Any 3 43 party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. b. Payments. Any payment required to be made pursuant to the terms of this Agreement, which is not paid by the due date set forth herein, shall be subject to an interest charge at the rate of 12% per annum. c. Authority. Each party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Agreement. d. Exhibits Incorporated. Exhibits A through D are incorporated herein by this reference as if fully set forth. e. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. f. Time of the Essence. Time is of the essence of this Agreement and of every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of Washington, then the time period shall be extended automatically to the next business day. g. Entire Agreement. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. DATED this day of April, 2014. CITY OF TUKWILA SEGALE PROPERTIES LLC By: Metro Land Development, Inc., Its: Manager By: Jim Haggerton, Mayor By: M. A. Segale, President Attest /Authenticated: 44 4 City Clerk Approved as to Form: Office of the City Attorney 5 45 EXHIBIT A Legal Description of Fire Station Property New Parcel C of City of Tukwila Boundary Line Adjustment No. L 13 -005, as recorded in the public records of King County, Washington, under recording no. 20130227900005. 6 46 EXHIBIT B Payment Schedule Payment Date Payment Amount Dec. 1, 2017 $ 500,000.00 Dec. 1 2018 $ 300,000.00 Dec. 1, 2019 $ 300,000.00 Dec. 1, 2020 $ 300,000.00 Dec. 1, 2021 $ 300,000.00 Dec. 1, 2022 $ 300,000.00 Dec. 1, 2023 $ 300,000.00 Dec. 1, 2024 $ 300,000.00 Dec. 1, 2025 $ 300,000.00 Dec. 1, 2026 $ 300,000.00 Dec. 1, 2027 $ 300,000.00 Dec. 1, 2028 $ 300,000.00 Dec. 1, 2029 $ 300,000.00 Dec. 1, 2030 $ 300,000.00 Dec. 1, 2031 $ 350,000.00 Total Payments $ 4,750,000.00 7 47 EXHIBIT C Form of Deed of Trust DEED OF TRUST (For Use in the State of Washington) THIS DEED OF TRUST, made this _ day of 2014, between SEGALE PROPERTIES LLC, a Washington limited liability company, GRANTOR, whose address is 5811 Segale Park Drive C, Tukwila, WA 98188, COMMONWEALTH LAND TITLE COMPANY OF PUGET SOUND, LLC, a Washington limited liability company, TRUSTEE, whose address is 14450 N.E. 29`h Place, #200, Bellevue, WA 98007, and THE CITY OF TUKWILA, a non - charter, optional code Washington municipal corporation, BENEFICIARY, whose address is 6200 Southcenter Boulevard, Tukwila, WA 98188. WITNESSETH: Grantor hereby bargains, sells, and conveys to Trustee in trust, with power of sale, the following described real property in King County, Washington: [See Exhibit A attached hereto and incorporated herein] Assessor's Tax Parcel ID# 3523049120 which real property is not used principally for agricultural or farming purposes, together with all tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof. This deed is for the purpose of securing performance of each agreement of grantor herein contained, and Grantor's obligation under that certain Fire Facilities Agreement between Grantor and Beneficiary dated the _ day of , 2014 and approved by the Beneficiary's City Council as Ordinance on 2014. To protect the security of this Deed of Trust, Grantor covenants and agrees: 1. To keep the property in good condition and repair, to permit no waste thereof; to complete any building, structure or improvements being built or about to be built thereon, to restore promptly any building, structure, or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than 90% of the insurable value thereof. All policies shall name Beneficiary as a loss payee as its interest may appear. In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, in any suit brought by Beneficiary to foreclose this Deed of Trust. 5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute. 8 48 6. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. IT IS MUTUALLY AGREED THAT 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to the Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed or Trust; and (3) the surplus, if any, shall be distributed to the persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have acquitted thereafter, Trustee's deed shall recite the facts showing that the sale was conducted to compliance with all the requirements of law and this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrances for value. 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 7. In the event of the death, incapacity, disability, or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of an action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. Segale Properties LLC By Metro Land Development, Inc. Its Manager Mark A. Segale, Vice President 9 49 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2014, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mark A. Segale, to me known to be the person who signed as Vice President of Metro Land Development, Inc., Manager of SEGALE PROPERTIES LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated that Mark A. Segale was authorized to execute said instrument on behalf of the company. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: - 10 - 50 EXHIBIT "A" to Deed of Trust 51 EXHIBIT D Legal Description of Encumbered Property THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE SOUTH 87 °50'09" EAST ALONG THE NORTH LINE THEREOF 449.30 FEET; THENCE SOUTH 02 °09'51" WEST 36.00 FEET TO THE SOUTH MARGIN OF SOUTH 180TH STREET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 °50'09" EAST ALONG SAID SOUTH MARGIN 786.92 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 95 °35'05" AN ARC DISTANCE OF 83.41 FEET; THENCE SOUTH 07 °44'56" WEST 348.56 FEET; THENCE NORTH 87 °50'09" WEST 802.76 FEET; THENCE NORTH 02 °09'51" EAST 401.77 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS LOT 3 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93 -0085, RECORDED UNDER KING COUNTY RECORDING NO. 9311301961); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. - 12 - 52 Upcoming Meetings & Events May 2014 12th (Monday) 13th (Tuesday) 14th (Wednesday) 15th (Thursday) 16th (Friday) 17th (Saturday) ➢ Transportation National Police Officers Memorial Day Ceremony Tukwila City Hall Flag Pole 9:00 AM D Community Affairs & Parks Crate, 5:30 PM (Hazelnut Conference Room) ➢Tukwila International Boulevard Action Crate, 7:00 PM (Community Center) Duwamish Hill Preserve Design Open House 5:30 PM (Community Center) ➢Tukwila Historical Society, 7:00 PM (Tukwila Heritage & �.'ultuPL Center, 14475 Ave S.) Residential Recycling Collection Event and Rain Barrel Sale 9:00 AM to 3:00 PM Tukwila Village site at the corner• of S. 144th St. & 41st Ave. S. For additional information, call 206- 431 -3683 Rain Barrels are $25 each — cash only. Crate, Cancelled ➢ Council Work Session Facilities Plan Phase 2. 5:30 PM (Duwamish Conference Room) City Council Committee of the Whole Mtg., g., 7:00 PM (Council Chambers) Council Chat 10:00 AM to 12:00 NooN RESCHEDULED FROM 5/10 Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. Foster Golf Links Clubhouse (13500 Interurban Ave S) Duwamish Hill Preserve Work Party 10AM — 1:00 PM fortena.org/events 19th (Monday) 20th (Tuesday) 21st (Wednesday) 22nd (Thursday) 23rd (Friday) 24th (Saturday) ➢ Utilities Crate, 5:15 PM (Foster Conference Room) ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) D Finance & Safety Crate, 5:30 PM (Hazelnut Conference Room) ➢ Park Commission, 5:30 PM (Community Center) ➢ Planning Commission, 6:30 PM (Council Chambers) ➢ Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. ➢ Chamber of Commerce's Tukwila Government and Community Affairs Committee: Quarterly, 12:00 Noon, Chamber Offices. ➢ 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. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf. Room. Contact Kim Gilman at 206 -431 -2187. ➢ Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room (A) An Interlocal Agreement with King County regarding CDBG funds. (B) An Interlocal Agreement with the City of Seattle for Hearing Examiner services. (C) Countywide Planning Policy Amendment. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman (206- 431 - 2197). ➢ Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf Room ➢ Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308. ➢ Planning Commission /Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta at 206 - 431 -3670. ➢ Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf. Room Meeting Cancelled. ➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Joan Hernandez at 206 -248 -0260. ➢ Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf. Room Hazelnut Conference Room = Located in City Hall Foster, Duwamish and Rainier Conference Rooms = Located in 6300 Building 53 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. May 5 12 See agenda packet cover sheet for this week's agenda (May 12 2014 Committee of the Whole Meeting). 19 Special Presentation: 27 (Tuesday) Special Presentation: - Recognition of Scholarship recipients, and comments. -2013 Employee Awards. - Tukwila School District Strategic Plan. -Oso presentation. Proclamations/ Appointments: -Parks and Recreation awards. -2013 Financial Update /2015 -2016 Budget Priorities. -Vroom Program. Special Issues: - Property acquisition - 14442 Tukwila International Boulevard. - Collective Bargaining Agreement. A proclamation declaring May 18 -24, 2014 as National Public Works Week. Unfinished Business: - An Ordinance to renew a moratorium on medical marijuana collective gardens. -A fire facilities agreement with Segale Properties based on timelines required in the original Development Agreement executed in 2009. June 2 Unfinished Business: 9 Special Issues: 16 Special Presentation: 23 - Property acquisition at 14442 Tukwila International Boulevard. - Collective Bargaining Agreement. Discussion on Freeway Interchange Signs. - Police Department Strategic Plan. -2014 1st Quarter Financial Report. 54