HomeMy WebLinkAboutPermit L05-005 - CITY OF TUKWILA - SOUNDER STATION MIXED USE CODE AMENDMENTMULTI - FAMILY
TOD
TRANSIT ORIENTED DEVELOPMENT
TUC
TUKWILA URBAN CENTER
ZONING CODE AMENDMENT
COMPREHENSIVE PLAN AMENDMENT
COMPREHENISVE LAND USE AMENDMENT
LOS -005
(SEPA RELATED E05- 018 -NO PHYSICAL FILE)
Cain of Tukwila
TUKWILA STATION MIXED USE CODE AMENDMENT
Department of Community Development Steve Lancaster, Director
HEARING DATE: January 27, 2005
STAFF REPORT
TO THE PLANNING COMMISSION
PREPARED JANUARY 18, 2005
FILE NUMBERS: L05- 005 Tukwila Urban Center District Amendment to allow
residential mixed -used in proximity to Sounder Commuter Rail /Amtrak
Station.
APPLICANT: City of Tukwila
Steven M. Mullet, Mayor
REQUEST: Make a recommendation to the City Council for zoning code changes to
amend the Tukwila Urban Center zoning district to allow residential
mixed -use development in proximity to the Sounder Commuter Rail /
Amtrak Station.
LOCATION: Tukwila Urban Center District
SEPA: This was prepared as an addendum to the Comprehensive Plan EIS
pursuant to the State Environmental Policy Rules (Chapter 197 -11
WAC) and the Tukwila Municipal Code Title 21. The EIS was
previously issued on October 9, 1995 (File #L92- 0053).
NOTIFICATION: Notice of Public Hearing published January 21, 2005
STAFF: Alice Strand, Senior Planner
ATTACHMENTS: Attachment A: Figure 1 : Tukwila Station: South Elevation
Attachment B: Proposed Zoning Code Language Changes
6300 Southcenter Boulevard. Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665
BACKGROUND
Recently, a developer approached DCD with a proposal for a mixed -use residential project, to be
constructed within the Transit - Oriented Development (TOD) area of the Tukwila Urban Center.
Tukwila Station, a 300 unit multi - family condominium development with 7,000 square feet of
retail, would be located on the property north of Longacres Way and the Sound Transit
Commuter /Amtrak Rail Station, between the UP and BNSF railroad tracks (See Figures 1 and 2).
This "pilot: project would constitute a significant first step towards achieving our land use and
transportation goals for the TOD area and the TUC Subarea Plan.
The project's primary obstacle is that residential development on this property is currently not
allowed by Tukwila's land use regulations. While the project is consistent with the proposed
TUC subarea plan allowing for the development of residential uses within walking distance of
the Sound Transit commuter rail /Amtrak Station, it is being proposed prior to the plan's
adoption. The Tukwila City Council was briefed on this issue in December and agreed to
forward it to the Planning Commission. The Planning Commission was also briefed on the issue
via the Director's Report in December.
PROPOSED CHANGES
The proposed amendment is a change of the type of use, and the requisite parking for that use., in
a specific area of the TUC. There is no overt change in the density of any given use, on this or
any other property. The proposed amendment adds mixed -use TOD residential development as a
conditional use for the TUC, but limits its development to a V4 mile walking distance from the
Sound Transit Rail station property.
STAFF ANALYSIS AND DISCUSSION
Impact to Existing Zoning and to Development Envisioned in the Tukwila Urban Center Plan
The Tukwila Comprehensive Plan designated this area as part of the Tukwila Urban Center
District (TUC). Under this existing zoning, urban density commercial development is allowed in
this area, but residential cannot be a component. Under existing zoning, residential mixed use is
only allowed within 500 feet of a water amenity. Land uses within the TUC District were
adopted prior to the presence of the Commuter Rail / Amtrak Station. The current Citywide
parking standard for multi - family development calls for two spaces for units with up to three
bedrooms plus one additional space for every two bedrooms thereafter (Figure 18.7, Tukwila
Zoning Code).
The City is currently in the final stages of developing a new subarea plan for the TUC. Though
extensive public involvement, a vision was developed for the TUC /TOD area and a preferred
alternative was selected. These concepts were reviewed by the Planning Commission and the
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City Council in a series of joint work - session. The draft TUC Plan recognizes that the
Commuter Rail /Amtrak Station is a transportation amenity. In consideration of this, the draft
plan denotes the area to the east of the River, between West Valley Highway and the station as
calling for "high- density mixed -use development oriented toward the station. " Transit —
oriented development is, as the name implies, oriented to attract high users of transit. For this
reason, parking requirements are generally lower for TOD projects. The TUC Plan proposes a
TOD residential parking standard of one space for each one bedroom unit and two spaces for
each unit with two bedrooms or more.
The main difference between the proposed amendment and the TUC Plan's treatment of the area
is that the proposed code change limits development of housing to a 'A mile distance from the rail
station. Although '/4 mile is considered to approximate a comfortable walking distance to the
station, mixed -use housing, as recommended in the draft TUC Plan, will extend much further
from the station. In short, the proposed code changes are well within the scope of changes being
proposed by the draft TUC Plan. The project will undergo Board of Architectural design review.
Comprehensive Plan policies support mixed -use residential housing in this area because it adds
to the overall economic vitality of the City; provides quality housing for the community; and
links transportation and land use in a way that encourages non -auto transportation choices for
residents. The following policies support this amendment:
Community Image
• 1.8.1: Restructure zoning ordinance to allow mixed uses along designated transportation
corridors.
1.9.1: The Tukwila Urban Center shall be developed as a high - intensity retail,
commercial or light industrial area of regional significance, with mixed use residential
uses
Housing
• 3.1.1: Provide sufficient zoned housing potential to accommodate future single- and
multi family households.
3.1.3: Provide zoning capacity within the Tukwila Urban Center for housing units.
• 3.2.7: Encourage a full range of housing opportunities for all population segments by
actions including, but not limited to, revising the Tukwila development codes as
appropriate to provide a range of housing types.
• 3.4.2: Assist in providing residents of the community with the human services and
transportation they need in order to avail themselves of housing opportunities.
Tukwila Urban Center
• 10.1.4: Allow residential in proximity to water amenities or within walking distance of
the Sounder Commuter Rail /Amtrak Station, subject to special design standards.
• 10.2.10: Actively promote development in the Tukwila Urban Center by supporting
existing uses, expanding the range of allowable uses, developing design guidelines,
TUC Subarea Plan, Admin Draft — Version 2, December, 2004, page 10,
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increasing amenities, adopting workable regulations, investing in public improvements;
and proactively developing programs and incentives to attract new businesses, investing
in infrastructure and public amenities, and encouraging business owners and developers
to investing in the quality of both the built and natural environment.
Transportation
• 13.3.8: Continue to encourage the use of rideshare, transit, bicycle and evolving
technological transportation improvements.
• 13.4.15: Encourage transit - oriented uses and development patterns in the vicinity of
high - capacity transit stations,
In summary, the amendment allows TOD residential development within 1/4 mile walking
distance of the station, as proposed in the draft TUC Plan. However, other existing development
standards (ie: landscaping) do not change.
Impact to Surrounding Property
Existing development in the area within 1/4 mile of the rail station is commercial and industrial in
nature. Impacts to the surrounding properties would generally be the same as those anticipated
under the existing code.
Alternatives to the Proposal
Alternatives include:
1) Wait to adopt zoning changes until the Final TUC Plan is completed. Under this
scenario, the City loses the opportunity to "jump- start" the area around the station by
attracting a quality residential development now.
2) Adopt other transit - oriented development - related changes proposed in the draft TUC
plan. This was not considered because it seems rational that the City should view
multiple changes to the district's standards in the context of the entire TUC Plan.
3) Adopt the discussed amendment, but within a shorter distance of the station. Although
this was initially considered. It was thought that limiting it to a smaller area would
unnecessarily compromise other TOD development opportunities that may arise before
the TUC Plan is adopted.
FINDINGS
Under the existing TUC zoning, urban- density commercial development is allowed in this area,
but residential cannot be a component. Under existing zoning, residential mixed use is only
allowed within 500 feet of a water amenity.
The draft Tukwila Urban Center Plan proposes a change in the type of use allowed in this area
and in surrounding areas. Part of this change is that TOD residential development be allowed in
and beyond the area in question. The main difference between the proposed amendment and the
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TUC Plan's treatment of the area is that this amendment limits mixed -use residential
development to a' /4 mile distance from the Rail station property. Mixed -use residential
development, as recommended in the draft TUC Plan, will extend much further from the station.
CONCLUSION
This amendment is intend to add language to the TUC District section of the Tukwila Zoning
Code that would allow mixed -use TOD residential development within a '' /4 mile distance from
the Rail station property. This change is supported by current comprehensive plan policies and is
well within the scope of changes being proposed by the draft TUC Plan.
STAFF RECOMMENDATION
Review the proposed code change and make forward to the City Council.
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19136 4 719 Ave, N.E.
5.091.. WA 08153
(205) 4400330 F A% 302.4381
TUKWILA STATION
A mixed used residential project
for Pacific Commerical Properties
South Elevation
Ocl, 11 X04
Sections:
18.28.010 Purpose
18.28.020Permitted Uses
18.28.030Accessory Uses
18.28.040 Conditional Uses
18.28.050Unclassified Uses
18.28.060On -Site Hazardous Substances
18.28.070 Design Review
18.28.080Basic Development Standards
DRAFT
ATTACHMENT B
Chapter 18.28
TUKWILA URBAN CENTER
(TUC) DISTRICT
18.28.010Purpose
This district implements the Tukwila Urban Center Comprehensive Plan designation. It is
intended to provide an area of high - intensity regional uses that include commercial services,
offices, light industry, warehousing and retail uses. Development is intended to be pedestrian-
friendly, with a strong emphasis on a safe and attractive streetscape.
(Ord. 1758 §1(part), 1995)
18.28.020Permitted Uses
The following uses are permitted outright within the Tukwila Urban Center district, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1 Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car
sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed.
3. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenter shops employing less than five people.
10. Commercial laundries.
11. Commercial parking, provided it is:
I
a. located within a structure having substantial ground floor retail or commercial activities
and designed such that the pedestrian and commercial environments are not negatively impacted by the
parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from adjacent
streets.
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
17. Financial:
a. banking;
b. mortgage;
c. other services.
18. Fix -it, radio or television repair shops/ rental shops.
19. Fraternal organizations.
20. Frozen food lockers for individual or family use.
21. Greenhouses or nurseries (commercial).
22. Heavy equipment repair and salvage.
23. Hotels.
24. Industries involved with etching, film processing, lithography, printing, and publishing.
25. Internet data/telecommunication centers
26. Laundries;
a. self -serve;
b. dry cleaning;
c. tailor, dyeing.
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and/or packaging of foods, including but not limited to, baked
goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products
and byproducts, frozen foods, instant foods and meats (no slaughtering).
29. Manufacturing, processing and/or packaging pharmaceuticals and related products, such as
cosmetics and drugs.
30. Manufacturing, processing, and/or packaging previously prepared materials including, but
not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper,
plastics, rubber, tile, and wood.
31. Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or
precision instruments such as medical and dental equipment, photographic goods, measurement and
control devices, a d recording equipment.
32. Medical and dental laboratories.
33. Mortician and funeral homes.
34. Motels.
35. Offices, including:
a. medical;
b. dental;
c. government; excluding fire and police stations;
d. professional;
e. administrative;
f. business, such as travel, real estate;
g. commercial.
36. Outpatient, inpatient, and emergency medical and dental.
2
37. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf
courses, or commercial recreation.
38. Pawnbrokers
39. Planned shopping center (mall).
40. Plumbing shops (no tin work or outside storage).
41. Railroad tracks (including lead, spur, loading or storage).
42. Recreation facilities (commercial - indoor) athletic or health clubs.
43. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting
ranges.
44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport
utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
45. Restaurants, including:
a. drive - through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
46. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber/building materials, lawn and garden supplies, farm supplies.
47. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and
craft supplies, housewares, consumer electronics, photo equipment and film processing, books,
magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and
sporting goods, and similar items.
48. Schools and studios for education or self improvement.
49. Self- storage facilities.
50. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation,
Recycling/Solid Waste Space Requirements chapter of this title.
51. Studios - art, photography, music, voice and dance.
52. Taverns, nightclubs.
53. Telephone exchanges.
54. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
55. Warehouse storage and/or wholesale distribution facilities.
56. Other uses not specifically listed in this Title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within this
district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
(Ord. 2021 §4, 2003; Ord. 1986 §9. 2001:
Ord. 1974 §5.2001; Ord. 1971 §I2, 2001:
Ord. 1830 *20. 1998: Ord. 1814 §2, 1997;
Ord. 1758 §1(part). 1995)
18.28.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Tukwila Urban Center district.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are
listed at TMC 18.50.060.
2. Dormitory as an accessory use to other uses that are otherwise permitted or approved condi-
tional uses such as churches, universities, colleges or schools.
3. Family child care homes, provided the facility shall be licensed by the Department of Social
and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone.
4. Home occupation.
3
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
18.28.040 Conditional Uses
The following uses may be allowed within the Tukwila Urban Center district, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Bed - and - Breakfast lodging; must be located on property adjacent to and not greater than 500
feet from the Green River, Tukwila Pond, or Minkler Pond.
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Dwelling - Multi- family units (max. 22.0 units /acre except senior citizen housing which is
allowed to 100 units /acre, as a mixed -use development that is non - industrial in nature); must be located
on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler
Pond.
8. Transit- oriented development housing (which Is allowed to 65 units /acre as a mixed -use
development that is non - industrial in nature); must be located on property adjacent to and not greater
than 1500 feet from the Sounder Commuter Rail /Amtrak Station property.
89. Drive -in theaters.
910. Electrical substations - distribution.
14311. Fire and police stations.
4412. Hospitals, sanitariums, or similar institutions.
13-14. Manufacturing, processing and /or assembling previously prepared metals including, but
not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand - forging.
14a. Park and ride lots.
154. Radios, television, microwave, cellular or observation stations and towers.
165. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
176. Schools, preschool, elementary, junior or high schools, and equivalent private schools.
(Ord. 1865 §34. 1999; Ord. 1830 §21, 1998;
Ord. 1758 §1(part), 1995)
18.28.050Unclassifed Uses
The following uses may be allowed within the Tukwila Urban Center district, subject to the
requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use
Permits.
1. Airports, landing fields and heliports (except emergency sites).
2. Conversions of rental multi - family structures to condominiums or owner- occupied multi-
family housing, but excluding the construction of new condominium or owner- occupied multi - family
housing.
3. Essential public facilities, except those uses listed separately in any of the districts
established by this title.
4. Hydroelectric and private utility power generating plants.
5. Landfills and excavations which the responsible official, acting pursuant to the State Envi-
ronmental Policy Act, determines are significant environmental actions.
4
Lot area per unit (multi-
family, except senior
citizen and TOD),
2,000 sq. ft.
minimum
Setbacks to yards, minimum:
• Front
15 feet
• Second front
15 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR,
MDR, HDR
- 1st floor
10 feet
- 2nd floor
20 feet
- 3rd floor
30 feet
• Rear
10 feet
• Rear, if any portion of the yard is within 50 feet of LDR,
MDR, HDR
- 1st floor
10 feet
- 2nd floor
20 feet
- 3rd floor
30 feet
Height, maximum
115 feet
Landscape requirements, minimum
See Landscape, Recreation, Recycling/ Solid Waste Space
requirements chapter for further requirements
6. Mass transit facilities.
18.28.0600n -Site Hazardous Substances
No on -site hazardous substance processing and handling, or hazardous waste treatment and
storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use.
On -site hazardous waste treatment and storage facilities shall be subject to the State siting criteria
(RCW 70.105).
(See TMC Chapter 21.08.)
18.28.070Design Review
Design review is required for all commercial structures larger than 1,500 square feet, and for all
structures containing multi - family development. Commercial structures between 1,500 and
2,500 square feet and multi - family structures up to 1,500 square feet will be reviewed
administratively. Design review is also required for certain exterior repairs, reconstructions,
alterations or improvements to buildings over 10,000 square feet. -
(See the Board of Architectural Review chapter of this title.)
(Ord. 2005 §9, 2002: Ord. 1758 § 1(part). 1995)
18.28.080Basic Development Standards
Development within the Tukwila Urban Center district shall conform to the following listed and
referenced standards:
TUC BASIC DEVELOPMENT STANDARDS
(Ord. 1991 §4, 2002; Ord. 1976 §51. 2001:
Ord. 1865,§§35. 1999; Ord. 1758 § I (part), 1995)
(Ord.. 1758 §1(part), 1995)
5
• Front
15 feet; required landscaping
may include a mix of plant
materials, pedestrian amenities
and features, outdoor cafe -type
seating and similar features,
subject to approval as a Type 2
special permission decision.
• Sides
None
• Sides, if any portion of
the yard is within 50
feet of LDR, MDR,
HDR
10 feet
• Rear
None
• Rear, if any portion of
the yard is within 50
feet of LDR, MDR,
HDR
10 feet
Recreation space
200 sq. ft. per dwelling unit,
1,000 sq. ft. min.
Recreation space, senior
citizen housing
100 sq. ft. per dwelling unit
Off Street Parking
• Residential (except
senior citizen housing)
See TMC Chapter 18.56, Off
street Parking/Loading
Regulations
• Office
3 per 1,000 sq. ft. usable floor
area minimum
• Retail
4 per 1,000 sq. ft. usable floor
area minimum
• Manufacturing
1 per 1,000 sq. ft. usable floor
area minimum
• Warehousing
1 per 2,000 sq. ft. usable floor
area minimum
• Other uses, incl.
senior citizen housing
See TMC Chapter 18.56, Off -
street Parking/Loading
Regulations
• 10D housing
1 per one bedroom unit
2 per unit with two plus
bedrooms
Performance Standards: Use, activity and operations within
a structure or a site shall comply with (1) standards adopted
by the Puget Sound Air Pollution Control Agency for odor,
dust, smoke and other airborne pollutants, (2) TMC Chapter
8.22, "Noise ", and, (3) adopted State and Federal standards
for water quality and hazardous materials. In addition, all
development subject to the requirements of the State
Environmental Policy Act, RCW 43.21C, shall be evaluated
to determine whether adverse environmental impacts have
been adequately mitigated.
(Ord. 1076 §50, 2001: ()rd. 1872 § i7. 1999:
Ord. 1530 §22, 1998; (.)rd. 1758 § I(part), 1995)
6
Community and Parks
February 15, 2005
4. Zoning changes to amend TUC zoning at TOD The Lodging Tax Advisory Board (LTAB)
owns some land near I -405 in the northern most section of the transit - oriented development area
(TOD) near Interurban. A proposal for a large mixed -use project south of the City property has
come in. Zoning changes are needed to allow that. The Committee talked about whether the
parking requirements were adequate to accommodate all the cars that would be part of the
development. Requiring one car per bedroom helped with the condo /apartments. A conditional
use design review will be used on the project.
The financial implications for the city include the fact that the general fund now "owns" the
property, and the City has been receiving money from the LTAB to pay off the debt. Land is
needed for future rail lines on the east side of the condo development, and most of the city's land
too would be needed if the Burlington Northern railroad tracks were switched from the west side
of the TOD to the east side. The city would lose the LTAB funds, but Kevin explained that
Lodging Tax was really part of the City, too, so it is not such a major loss. Jack said the City is
trying to acquire the space for the tracks move now, so it will be there when the move is needed
for the Strander street extension. This may not happen for 10 -15 years. The Committee asked for
more clarification of both the land swap and the financial implications involved. Recommend to
COW.
7. Macadam Winter Garden Bruce and Paul introduced Michael Brown, who is part of the
team working on the winter garden. Michael talked about their plan, which satisfied criteria from
winter beauty and interest, to low maintenance, tree removal and planting, and safety. About 14
3' trees would g� along the street, and 60 more trees within the park. Bruce said the plan was
stellar, but the city funds could not afford the $275k cost. To make it affordable Bruce will take
$80,000 from Phase II of Cascade View Park, saying his staff has said they can do most of the
work themselves. That brings city funding to $240,000, and if a water feature is cut, the rest of
the plan could be implemented. Take plan to Council.
8. Fourth Quarter Reports There were no problems with the fourth quarter reports.
Information.
Committee chair approval
MICHAEL R. KENYON
BRUCE L. DISEND
SANDRA S. MEADOWCROFr
SHELLEY M. KERSLAKE
STEPHEN R. KING
HEIDI L. BROSIUS
CC:
FROM:
DATE:
RE:
KENYON DISEND, PLLC
THE MUNICIPAL LAW FIRM
11 FRONT STREET SOUTH
ISSAQUAH, WASHINGTON 98027 -3820
(425) 392 -7090
(206) 628 -9059
FAX (425) 392 -7071
CONFIDENTIAL INFORMATION
PROTECTED BY THE ATTORNEY - CLIENT PRIVILEGE
10: Tukwila City Councilmembers
Mayor Steven M. Mullet
Rhonda Berry, City Administrator
Jack Pace, Department of Community Development Deputy Director
Kevin Fuhrer, Finance Director
Shelley Kerslake, City Attorney l
March 31, 2005
Tukwila Station Agreements
F:APPS\CNVl1UKWILA\MemolTukwila StalioSM 1VASH1NC foN CITIES SINCE 1993
KERRI A. BERGIAND
MINDY A. RosrAMr
LACEY L. MARTIN
PETER B. BECKWITH
JOSEPH P. LOUGHLIN
THOMAS J. GUILSOn.
JULIE C. WALTEILS
In the Council packet you will find final versions of the Tukwila Station Development
and Property Exchange Agreements. Attached hereto for your convenience are "track change"
versions of the Agreements so that you can see the additions and deletions.
If you have any questions or concerns, please do not hesitate to contact me prior to the
Council Meeting on Monday, April 4, 2005. I can be reached at either 425- 392 -7090 or 206-
433- 1846. Thank you.
DEVELOPMENT AGREEMENT BETWEEN PACIFIC COMMERCIAL
PROPERTIES AND THE CITY OF TUKWILA
FOR THE DEVELOPMENT
OF A MULTI - FAMILY CONDOMINIUM PROJECT
I. PREAMBLE
This DEVELOPMENT AGREEMENT ( "Agreement ") between Pacific Commercial
Properties ( "PCP ") and the CITY OF TUKWILA, a municipal corporation of the State of
Washington ( "Tukwila" or "City "), is entered into pursuant to the authority of RCW 36.70B.170
through .210, under which a local government may enter into a development agreement with any
entity having ownership or control of real property within its jurisdiction.
II. RECITALS
A. PCP has a contract for purchase and sale dated February 10, 2005, to purchase
property located in the City of Tukwila, King County,
Washington, as-more particularly described asin King County Tax Parcel Nos. 2423049137 and
0005800013, attached hereto. This property is also known as Tukwila Station. equaling
approximately 6.2 acres.
B. PCP intends to close on the above - referenced sale on or before August 1, 2005.
C. PCP desires to develop this property for a mixed -use residential project to be
constructed within the Transit- Oriented Development ( "TOD ") area of the Tukwila Urban
Center ( "TUC "). This development, commonly known as "Tukwila Station " will be an
approximately 300 unit mixed -use residential development with approximately 5,000 square feet
of retail space. This development is more fully explained in the design schematics submitted to
the City on March 16, 2005.
D. This property is zoned TUETukwila Urban Center District. Under current land use
regulations, residential mixed use is only allowed within 500 feet of a water amenity. This
regulation will need to be changed to effectuate desirable development of this property, as
described herein.
E. Land uses within the TUC District were adopted prior to the presence of the
Commuter Rail /Amtrak Station. Tukwila is currently in the final stages of developing a new
plan for the TUC that recognizes that the Commuter Rail /Amtrak Station is a transportation
amenity. tl- - .. .. - - • - - - - - - -
esirability of this type of development in the TUC.
C: \WINDOWS \1 - MP \Tukwilal.DOC
Page 1 of 18l2
, 4
F. PCP has already begun the site development process by submitting to the City an
environmental checklist. application for design review. and application for a conditional use
permit, and desires to develop this property in 2005.
G. The City of Renton has identified a preferred alternative for the future extension of
Strander Boulevard eastward from West Valley Highway ( "Strander Project "). This alternative
would require the relocation of the Union Pacific Railroad ( "UPRR ") right -of -way from its
current location to a location adjacent and west of the existing Burlington Northern right -of -way.
This portion of the property would be owned by PCP.
H. To facilitate the relocation of the UPRR, Tukwila would be required to acquire
through condemnation, or other negotiated means, the property required for the Strander Project.
This would be costly to the City if the property were fully developed at the time of
condemnation.
I. Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila
Station site, of which approximately 36,000 square feet are subject to this Agreement.
J. Thus, the Parties wish to exchange certain parcels of property for their mutual benefit.
K. To provide certainty and efficiency to PCP and the City with respect to the
development of this property, to encourage mixed -use residential development of this property,
and to ensure acquisition of property needed for the Strander Project for the City, the Parties
wish to enter into this mutually beneficial Development Agreement.
BASED ON THE FOREGOING, and because successful development of this site will be
of long -term benefit to both Tukwila and PCP, Tukwila and PCP hereby agree as follows:
—1.0 – Effective Date and Term.
—2.0 – Terms.
III. AGREEMENT
1.1 This Agreement shall become effective upon approval by the Tukwila City
Council, execution by both Parties, and proof in a form acceptable to the City of PCP's
ownership of the subject property not later than August 1, 2005; provided, however, that the
Mayor in his sole discretion may extend this deadline to September 1, 2005, without further
authorization of the City Council.
1.2 The term of this Agreement shall commence upon the Effective Date and
continue for a period of ten (10) years.
2.1 The Mayor agrees to recommend amendments to the zoning code, which would
allow mixed -use development within the TUC. If such zoning code amendments are not
Pale 2 of 284-2
C:\ WINDOWS \TE MP\Tukvvilal.DOCF:\APPS \CIV' Fukwila \ContracttTui :wila Station DeV40.11.141
approved by the City Council, this Agreement shall immediately terminate. If such amendments
are approved by the City Council, this Agreement shall remain in effect.
2.2 PCP shall convey by statutory warranty deed to Tukwila the portion of its
property (estimated to be an approximately 100 -foot strip) needed for relocation of the UPRR
right -of -way, more fully described in Exhibit "B" ( "PCP Portion ") attached hereto.
2.3 In exchange, Tukwila shall convey by statutory warranty deed to PCP a portion
of its property adjacent to the proposed Tukwila Station site, more fully described in�ExlubitA ='
( "Tukwila Portion ") attached hereto.
—2.4 PCP will retain a temporary easement for parking purposes on the PCP
Portion, in a form substantially similar to the attached Exhibit "C" ( "PCP Easement "). In
utilizing the PCP Easement, PCP agrees to the following Indemnity and Insurance provisions.
2.4.1.4: Indemnity. PCP shall indemnify, defend, and hold harmless Tukwila, its
agents, and employees from and against any and all liability arising from injury or death to
persons or damage to property resulting in whole or in part from negligent acts or omissions of
PCP, its agents, servants, officers, or employees, irrespective of whether in connection with such
act or omission it is alleged or claimed that an act of PCP, its agents, or employees caused or
contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit
arising from such injury, death, or damage, PCP shall, in addition to indemnifying and holding
Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by
Tukwila in defending such claim or suit, including reasonable attorneys' fees.
2.4.2.B Insurance.
2.4.2(i). PCP shall procure and maintain in full force throughout the duration
of its use of the PCP Easement comprehensive general liability insurance with a minimum
coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage.
Said policy shall name the City of Tukwila as an additional named insured and shall include a
provision prohibiting cancellation or reduction in the amount of said policy except upon thirty
(30) days prior written notice to Tukwila. Cancellation of the required insurance shall
automatically result in termination of PCP's use of the PCP Easement.
2.4.2(ii). Certificates of coverage as required by Paragraphs 42.4.2(i) above
shall be delivered to Tukwila prior to PCP's use of the PCP Easement.
2.5 Upon commencement of the Strander Project and any associated relocation of the
UPRR right -of -way, the PCP Easement identified in paragraph 2.4 shall terminate and be
extinguished, provided that the City has first acquired and conveyed to PCP that portion of the
existing UPRR right -of -way ( "Union Pacific Site ") more fully described in Exhibit "D" attached
hereto. The property exchange contemplated by this provision will be detailed in a formal
Property Exchange Agreement that will be executed at the time the City acquires the UPRR
right -of -way.
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Page 3 of 3812
2.6 Upon acquisition and conveyance of the Union Pacific Site as set forth in
paragraph 2.5, PCP will relocate the parking area identified in paragraph 2.4 as the PCP
Easement to the Union Pacific Site identified in paragraph 2.5. This relocation shall be
accomplished to the City's satisfaction within 120 days after conveyance to PCP of the Union
Pacific Site. The City shall exercise its best efforts to provide 180 days advance written notice to
PCP of any obligation to relocate the parking initially authorized by the PCP Easement.
2.7 The development is subject to the obligation of each Pparty to convey clear title
to affected parcels.
2.8 The City shall designate in its sole discretion, and on any reasonable conditions, a
portion of its property, described in Exhibit "E" attached hereto, for PCP's use as a temporary
construction staging area during development of the Tukwila Station site ( "Staging Area "). In
utilizing the Staging Area, PCP agrees to the following Indemnity and Insurance provisions.
2.8.1A. Indemnity. PCP shall indemnify, defend, and hold harmless Tukwila, its
agents, and employees from and against any and all liability arising from injury or death to
persons or damage to property resulting in whole or in part from negligent acts or omissions of
PCP, its agents, servants, officers, or employees, irrespective of whether in connection with such
act or omission it is alleged or claimed that an act of PCP, its agents, or employees caused or
contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit
arising from such injury, death, or damage, PCP shall, in addition to indemnifying and holding
Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by
Tukwila in defending such claim or suit, including reasonable attorneys' fees.
2.8.24. Insurance.
2_8.2(i). PCP shall procure and maintain in full force throughout the
duration of this Agreementits use of the Staging Area comprehensive general liability insurance
with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and
property damage. Said policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation or reduction in the amount of said policy
except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required
insurance shall automatically result in termination of this AgreemcntPCP's use of the Staging
Area.
2.8.2(ii). Certificates of coverage as required by Paragraphs 42.8.2(i)
above shall be delivered to Tukwila - - _ •- - prior
to PCP's use of the Staging Area.
2.9 PCP shall hydro seed, vegetate, and otherwise restore the Staging Area to its
original condition and to the reasonable satisfaction of the City upon completion of it -PCP's use
of- the Staging Area. The City shall thereafter maintain the restored Staging Area site.
2.10 PCP shall extend. the existing sidewalk, located
on the north side of the Tukwila Station- property_ west to the intersection with West Valley
Page 4of4812
C.1W1NDnWSVIEMP\ Tukwila I.DOC 1 :' PPS't'{V,Tuk‘
Highway. The construction and design standards of the sidewalk must be acceptable to the
City's Public Works director.
2.11 Best efforts will be used to retain the train trestle currently located at Longacres
Drive. PCP desires to use some or all of this trestle as a gateway to the development. The ability
to utilize this trestle will require the approval of the Public Works Department.
2.12 The details of the property exchange are set forth in a separate Property
Exchange Agreement, which is incorporated by this reference as if fully set forth herein.
2.13 This Agreement does not guarantee any project approval or that other conditions
outside the terms of this Agreement will not be imposed by the City.
2.14 This Agreement supersedes any and all other Development Agreements related
to the property that is the subject of this Agreement.
2.15 PCP's development shall be consistent with approval standards set forth by the
City's Board of Architectural Review.of "condo quality."
3.0 General Provisions.
3.1 Assignment of Interests, Rights, and Obligations. This Agreement shall be
binding and inure to the benefit of the Parties. No Party may assign its rights under this
Agreement without the written consent of the other Party. —, which consent shall not be
unreasonablye be withheld.
3.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the
Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if
fully set forth herein.
3.3 Severability. If any term or provision in this Agreement, or the application of
any term or provision in this Agreement to a particular situation, is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this
Agreement, or application of this Agreement to other situations, shall continue in full force and
effect unless amended or modified by mutual consent of the Parties. Notwithstanding the
foregoing, if any material provision of this Agreement or the application of such provision to a
particular situation is held to be invalid, void or unenforceable, either Party may terminate this
Agreement by providing written notice of termination to the other Party.
3.4 Termination. This Agreement may only be terminated upon mutual agreement of
the Parties.
3.5 Enforceability. The Parties acknowledge that any willful and material breach of
this Agreement will result in irreparable harm, and therefore, in addition to any other remedies
that the Party would have, the non - breaching Party would be entitled to temporary, preliminary
and permanent injunctions prohibiting the breaching Pparty from any such willful and material
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.4
breach. The Parties agree that monetary damages from a breach of this Agreement would be
difficult to ascertain and quantify; thus, specific performance is the proper remedy for any breach
of this Agreement.
3.6 Applicable LawNenue. This Agreement shall be construed and enforced in
accordance with the laws of the State of Washington. The venue for any dispute arising under
this Agreement shall be King County Superior Court.
3.7 Notice of Default/Opportunity to Cure/Dispute Resolution. In the event a Party,
acting in good faith, believes the other Pparty has violated the terms of this Agreement, the
aggrieved Party shall give the alleged offending Pparty written notice of the alleged violation by
sending a detailed written statement of the alleged breach. The alleged offending Pparty shall
have thirty (30) days from receipt of written notice in which to cure the alleged breach. This
notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the
initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and
agree upon a process for attempting to resolve any dispute arising out of this Agreement. A
lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of
the 30 day cure period or (b) the conclusion of any dispute resolution process.
3.8 Attorneys' Fees. In the event of any litigation or dispute resolution process
between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled
to any award of attorneys' fees.
3.9 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties
hereto only and is not intended to benefit any other person or entity, and no person or entity not a
signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever
under this Agreement. No other person or entity not a Party to this Agreement may enforce the
terms and provisions of this Agreement.
3.10 Contingencies.
3.10.14. Should the Strander project not go forward or should the property
described in Exhibit `B" not be needed by the City, the easement granted by the City for parking
purposes on Exhibit "C" will become a permanent easement.
3.10.214. This Agreement will terminate if development of the project described
herein is not commenced within 180 days of the effective date of this Agreement.
Commencement shall be defined as receiving the required foundation inspection, including
approval therefore by the City.
3.11 Entire Agreement, Counterparts. and Exhibits. This Agreement may be
executed in duplicate counterparts, each of which is deemed to be an original. The entire
Agreement consists of seven () (7) pages, ( one (1) notary acknowledgement pages,
and 5 (five) (5) Exhibits, which constitutes in full the final and exclusive understanding and
agreement of the Parties and supersedes all negotiations and previous agreements between the
Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions
Page 6 of 6R 12
kxvelfenie444
of this Agreement shall be in writing and signed by the appropriate authorities of Pacific
Commercial Properties and the City of Tukwila.
3.12 Authority. The Parties each represent and warrant that they have full power and
actual authority to enter into this Agreement and to carry out all actions required of them by this
Agreement. _All persons are executing this Agreement in their representative capacities and
represent and warrant that they have full power and authority to bind their respective
organizations.
3.13 Recording. PCP shall record an executed copy of this Agreement with the King
County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the
Effective Date.
3.14 Existing Easements. No easement, in existence prior to this Agreement, on the
properties subject to this Agreement, shall be affected by this Agreement.
3.15 Legal Representation. In entering into this Agreement, PCP represents that it
has been advised to seek legal advice and counsel from its attorney concerning the legal
consequences of this Agreement; that it has carefully read the foregoing Agreement and knows
the contents thereof, and signs the same of its own free act; -and that it fully understands and
voluntarily accepts the terms and conditions of this Agreement.
IN WITNESS WHEREOF, this Agreement has been entered into by and between Pacific
Commercial Properties and the City of Tukwila as of the day and year first above written.
PACIFIC COMMERCIAL PROPERTIES CITY OF TUKWILA
By: B
Its: President Steve Mullet, Mayor
Approved as to Form;
Shelley Kerslake. City Attorney
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Page 7 of 744-
STATE OF WASHINGTON )
COUNTY OF KING )
STATE OF WASHINGTON )
COUNTY OF KING )
) ss:
On this day of 2005, before me personally appeared
the , of Pacific Commercial Properties, a
corporation that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
) ss:
Printed Name:
NOTARY PUBLIC in and for the State of
Washington
Residing at:
My commission expires:
On this day of 2005, before me personally appeared
, known to me to be the Mayor of the City of Tukwila, a
Washington municipal corporation that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
for the uses and purposes therein mentioned, and on oath stated that s/he
was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Printed Name:
NOTARY PUBLIC in and for the State of
Washington
Residing at:
My commission expires:
Page 8 of 8&13
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4efeefaeat-DOCG A PPS'C I V\T11 K W I L. \ \Cont
PROPERTY EXCHANGE AGREEMENT
THIS AGREEMENT ( "Agreement ") is made and entered into as of this
day of , 2005, by and between the City of
Tukwila, a municipal corporation ( "City" or "the City "), and Pacific Commercial
Properties ( "PCP ").
RECITALS
A. The City is the owner of certain real property commonly known as Tax Parcel
No. 2423049034 in the City of Tukwila, King County, Washington, legally described in
Exhibit A attached hereto and incorporated herein by this reference ( "City Property").
B. PCP is the owner of certain real property commonly known as Tax Parcel Nos.
2423049137 and 0005800013, in the City of Tukwila, King County, Washington, legally
described in Exhibit B attached hereto and incorporated herein by this reference ( "PCP
Property").
C. The City of Renton has identified a preferred alternative for the future
extension of Strander Boulevard eastward from West Valley Highway ( "Strander
Project "). This alternative would require the relocation of the Union Pacific Railroad
( "UPRR ") right -of -way from its current location to a location adjacent and west of the
existing Burlington Northern right -of -way. This property would be owned by PCP.
Tukwila would be required to acquire through condemnation, or other negotiated means,
the property required for the Strander Project. This would be costly to the City if the
property were fully developed at the time of condemnation. Therefore, the Parties wish to
exchange property at the present time and further agree to deed other certain property at
the time the Strander Project is built.
AGREEMENT
The Parties hereto agree as follows:
1. Recitals Incorporated. The above recitals are incorporated herein as part of the
substantive terms of this Agreement.
2. Property Exchange and Consideration. PCP, or its designated assigns
pursuant to Section 20 of this Agreement,agrees to convey the PCP Property, legally
described in Exhibit `B ", to the City by Statutory Warranty Deed upon Closing, as set
forth in Section 9 of this Agreement. As just compensation for the PCP Property, the
City agrees to convey the City Property, legally described in Exhibit "A ", to PCP by
Statutory Warranty Deed at Closing.
(3: \City Attorne
r \D \ \ Tuk 2 - fi . DOC ( :`CH
Page 1 of 999
: tKonev4N G1) 1C- C3NTR-AC'f$XT:iiiiwila?.1)ACe \WINDOW-SvI wile2: DO( '.
3. Tax Consequences. Neither party makes any representations or warranties,
express or implied, regarding the actual tax consequences of the property exchange.
4. Condition of Title — City Property.
(a) City Property Title Commitment. The City shall, as soon as practicable,
cause to be furnished to PCP a commitment for an owner's standard coverage policy of
title insurance ( "City Property Title Commitment ") issued through a title company
mutually approved by PCP and the City ( "Title Company "), describing the City Property,
listing PCP as the prospective named insured, and showing six hundred fifty nine
thousand, seven hundred seventeen dollars ($659,717.00) as the policy amount.
(b) Review of City Property Title Commitment. PCP shall have until ten (10)
days after receipt of the City Property Title Commitment in which to notify City of any
objections PCP has to any matters shown or referred to in the City Property Title
Commitment. Except as expressly set forth herein, any exceptions or other items which
are set forth in the City Property Title Commitment to which PCP does not object within
the 10 -day review period shall be deemed to be permitted exceptions ( "PCP Permitted
Exceptions "). Building, zoning, subdivision or use restrictions applicable to the City
Property shall be considered PCP Permitted Exceptions. With regard to items to which
PCP objects, the following shall apply:
(i) City shall have ten (10) days from receipt of PCP's objections to notify
PCP whether it agrees to remove the unpermitted exceptions set forth in PCP's
objections;
(ii) If City does not agree to remove such unpermitted exceptions, PCP
may, within ten (10) days, waive and withdraw its objections; and
(iii) If the City agrees to remove such objections, the City shall use all
reasonable efforts to cure such objections by the date of Closing. If the City is unable to
cure such objections by the date of Closing, PCP may, as PCP's sole remedy, waive the
objections not cured and proceed to Closing or terminate this Agreement by notice to the
City.
5. Condition of Title - PCP Property.
(a) PCP Property Title Commitment. PCP shall, as soon as practicable, cause
to be furnished to City a commitment for an owner's standard coverage policy of title
insurance ( "PCP Property Title Commitment ") issued through the Title Company,
describing the PCP Property, listing City as the prospective named insured, and showing
Six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) as the
policy amount.
Page 2 of 999
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Attu rev -GD FAN=(=R-AC :IISVI :ol wiJa?- t. .X-XC( IN XIWS +I \1I''•'lukwi1a2.1)()(=
(b) Review of PCP Property Title Commitment. City shall have until ten (10)
days after receipt of the PCP Property Title Commitment in which to notify PCP of any
objections City has to any matters shown or referred to in the PCP Property Title
Commitment. Except as expressly set forth herein, any exceptions or other items which
are set forth in the PCP Property Title Commitment to which City does not object within
the 10 -day review period shall be deemed. to be permitted exceptions ( "City Permitted
Exceptions "). Building, zoning, subdivision or use restrictions applicable to the PCP
Property shall be considered City Permitted Exceptions.
(i) PCP shall have ten (10) days from receipt of City's objections to notify
the City whether it agrees to remove the unpermitted exceptions set forth in the City's
objections;
(ii) If PCP does not agree to remove such unpermitted exceptions, the
City may, within ten (10) days, waive and withdraw its objections; and
(iii) If PCP agrees to remove such objections, PCP shall use all reasonable
efforts to cure such objections by the date of Closing. If PCP is unable to cure such
objections by the date of Closing, City may, as City's sole remedy, waive the objections
not cured and proceed to Closing or terminate this Agreement by notice to PCP.
6. Conditions Precedent. The Parties' obligations under this Agreement and the
effectiveness of this Agreement shall be subject to the following conditions precedent:
(a) Inspection Contingency. This Agreement is conditioned on an inspection
report of the City Property. Within twenty (20) days of the mutual acceptance of this
Agreement, PCP shall arrange an inspection of the City Property. The inspection report
shall be prepared by a professional inspector of PCP's choice approved by the City and at
PCP's expense. PCP may disapprove the inspection report on the basis of any condition
identified in the inspection report that the inspector recommends be corrected. This
contingency shall conclusively be deemed satisfied unless, by June 30, 2005 within
twenty (20) days after execution hereof, City receives from PCP written notice of
disapproval identifying the condition(s) contained in the inspection report to which PCP
objects and a copy of the inspection report. If City does not agree in writing to correct the
condition(s) identified by PCP, then within three days thereafter, PCP may elect to
terminate this Agreement, in which event this Agreement shall be null and void and of no
further force and effect.
City hereby grants to PCP and its agents, employees, and independent
contractors right of entry onto the City Property to make such soil tests and such other
investigation as PCP may deem reasonably necessary; provided, however, that such
investigation shall not cause any damage to the City Property. PCP shall hold City
harmless from and against any and all liabilities incurred by PCP by reason of damage to
persons or property arising from the negligent or intentional acts or omissions of PCP or
its agents on the City Property. Furthermore, PCP shall not permit any lien to be placed
Page 3 of 999
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After+jey \DC IAGON=1=11i- AE=TSVI RWii 4x-24- )0( : - L IN- 1)(4.VG IT..P %.N lruk -wi 41/.1)0(7:
on the City Property by any person hired by PCP for the purpose of examining,
inspecting, or surveying the City Property. If any such lien or other charge of any kind is
placed on the City Property, PCP shall promptly discharge it by paying the amount
claimed or posting a bond in lieu of the lien.
(b) This Agreement is contingent upon the Parties entering into a
Development Agreement, attached as Exhibit "C ".
7. Disclosure.
(a) City Property Disclosure. PCP acknowledges that, except as expressly set
forth in this Agreement, neither City nor any agent or representative or purported agent or
representative of City has made, and City is not liable for or bound in any manner by,
express or implied warranties, guaranties, promises, statements, inducements,
representations, or information pertaining to the City Property or any part thereof, the
physical condition, title, size, zoning, thereof, the uses which can be made of the same or
the fitness of any part thereof for any particular purpose or any other matter or thing with
respect thereto. Without limiting the foregoing, PCP acknowledges and agrees that City
is not liable for or bound by (and PCP has not relied upon) any oral or written statements,
representations, or any other information respecting to the City Property or any portion
thereof furnished by City or any other broker, employee, agent, consultant, or other
person representing or purportedly representing City.
(b) PCP Property Disclosure. City acknowledges that, except as expressly
set forth in this Agreement, neither PCP nor any agent or representative or purported
agent or representative of PCP has made, and PCP is not liable for or bound in any
manner by, express or implied warranties, guaranties, promises, statements, inducements,
representations, or information pertaining to the PCP Property or any part thereof, the
physical condition, title, size, zoning thereof, the uses which can be made of the same or
the fitness of any part thereof for any particular purpose or any other matter or thing with
respect thereto. Without limiting the foregoing, City acknowledges and agrees that PCP
is not liable for or bound by (and City has not relied upon) any oral or written statements,
representations, or any other information respecting the PCP Property or any portion
thereof furnished by PCP or any other broker, employee, agent, consultant or other person
representing or purportedly representing PCP.
8. Hazardous Materials.
(a) PCP Property Hazardous Materials. PCP hereby represents and warrants
to City that the PCP Property is not and has not been, during the period of PCP's
ownership of the PCP Property, used for the storage or disposal of any toxic or hazardous
waste, material, or substance and that no known hazardous materials or substances exist
on the PCP Property. PCP hereby agrees to indemnify and hold City harmless from any
and all loss, damage, liability, and expense (including reasonable consultant and
attorneys' fees) incurred by City arising out of or related to PCP's breach of this Section.
Page 4 of 949
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Mt ey ICON.TRAGIS1" {trMw4u2,00e( W{ N{ x4V_S1,14..:44P4ukwila?:f)()(;
PCP further agrees to submit copies of all materials currently in its possession regarding
any testing of the PCP Property for hazardous materials to City.
Additionally, PCP shall, at PCP's expense and by May 31, 2005, prior to the
provide the City with a Level One Environmental Report. If
such report shows any reasonable possibility of environmental contamination, PCP shall
provide City with a Level Two Environmental Report by June 30, 2005. If the Level Two
Environmental Report shows any reasonable possibility of environmental contamination,
the Parties agree that City may terminate this Agreement with no penalty by written
notice to all Parties not later than sixty (60) days after receipt of the Level Two
Environmental Report.
(b) City Property Hazardous Materials. Except as referenced in any reports
provided by City, City hereby represents and warrants to PCP that the City Property is not
and has not been (during the period of City's ownership of the City Property) used for the
storage or disposal of any toxic or hazardous waste, material, or substance, and no known
hazardous materials or substances exist on the City Property. City hereby agrees to
indemnify and hold PCP harmless from any and all loss, damage, liability, and expense
(including reasonable consultant and attorneys' fees) incurred by PCP arising out of or
related to City's breach of this Section. City further agrees to submit copies of all
materials currently in its possession regarding any testing of the City Property for
hazardous materials. Such materials shall be supplied to PCP prior to signing this
Agreement.
City shall, at City's expense and by May 31, 2005prior to the signing of thi3
Agreement, provide PCP with a Level One Environmental Report. If such report shows
any reasonable possibility of environmental contamination, City shall provide PCP with a
Level Two Environmental Report by June 30, 2005. If the Level Two Environmental
Report shows any reasonable possibility of environmental contamination, the Parties
agree that PCP may terminate this Agreement with no penalty by written notice to all
Parties not later than sixty (60) days after receipt of the Level Two Environmental Report.
9. Closing.
(a) Time and Place for Closing. Within thirty -five (3035) days after the date
that all of the conditions precedent set forth in Sections 5, 6 and 7 above have been
satisfied (or such other date as the Parties may agree), the closing ( "Closing ") shall take
place.
Page 5 of 99-9
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a
(b) Events at Closing.
(i) At Closing, City shall deliver to PCP the following:
(A) A Statutory Warranty Deed duly executed and acknowledged by
City conveying the City Property to PCP;
(B) A standard coverage policy of Title Insurance issued by the Title
Company conforming to the requirements of Section 5 above
insuring PCP's title in the amount of Six hundred fifty nine
thousand, seven hundred seventeen dollars ($659,717.00) and
containing no exceptions other than the PCP Permitted
Exceptions; and
(C) A Non - Foreign Affidavit duly executed and acknowledged by
City.
(ii) At Closing, PCP shall deliver to City the following:
(A) A Statutory Warranty Deed duly executed and acknowledged by
PCP conveying the PCP Property to City;
(B)
A standard coverage policy of Title Insurance issued by the Title
Company conforming to the requirements of Section 5 above
insuring City's title in the amount of Six hundred fifty nine
thousand, seven hundred seventeen dollars ($659,717.00) and
containing no exceptions other than the City Permitted
Exceptions; and
(C) A Non - Foreign Affidavit duly executed and acknowledged by
PCP.
(c) Expenses. The expenses associated with the above transactions shall be
allocated among the Parties as follows:
(i) Escrow Fees. The City and PCP shall share all escrow fees charged by
the Title Company equally.
(ii) Attorneys' Fees. Subject to Section 11 below, each party shall pay its
own attorneys' fees.
(iii) Costs. Each party shall pay its own transaction costs associated with
this Agreement.
Page 6 of 994
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(d) Prorations. Real estate taxes, installments of current year special
assessments (if and to the extent they are approved exceptions), utility charges, and other
operating income or expenses applicable to the City Property and the PCP Property shall
be prorated up to and including the date of Closing, based upon the actual days involved.
To the extent that the amounts of such charges, expenses, and income referred to in this
Section are unavailable at the Closing date or in the event of prorations made on the basis
of erroneous information or clerical errors, a readjustment of these items shall be made
within thirty (30) days after Closing or as soon as practical after discovery of any
erroneous information or clerical error. After Closing, City shall be responsible for all
expenses related to the PCP Property and PCP shall be responsible for all expenses
related to the City Property. City and PCP shall, on or before Closing, furnish each other
and the Title Company with all information necessary to compute the prorations provided
for in this Section.
10. Default. Any party hereto shall be in default hereunder if such party shall fail
to comply with any term, covenant, agreement, or obligation on its part required, within
the time limits and in the manner required in this Agreement. In the event of a default
hereunder, the non - defaulting party or parties shall be entitled to pursue all remedies
available at law or in equity, including, but not limited to, specific performance.
11. Attorneys' Fees. If it shall be necessary for any party hereto to employ an
attorney to enforce its rights pursuant to this Agreement because of the default of another
party, the non - defaulting party shall be entitled to recover from the defaulting party or
parties all costs, including reasonable attorneys' fees, incurred in connection with such
default.
12. Brokerage Commission. Each party hereto represents and warrants that it has
not dealt with or engaged any real estate broker in connection with the above transactions.
Each party agrees to indemnify, defend, and hold harmless the other party from and
against any claims or liability attributable to such party's breach of the foregoing
representation and warranty.
13. Notices. All notices, demands, requests, and other communications required
or permitted hereunder shall be in writing and shall be deemed delivered on the earlier of
(i) three days after posting of registered or certified mail, addressed to the addressee at its
address set forth below or at such other address as such party may have specified
theretofore by notice delivered in accordance with this Section, or (ii) actual receipt by
the addressee, as follows:
TO CITY:
City of Tukwila
Attn: City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
Page 7 of 999-
G: \C'ity Attorney \DCD \('ONTRACTS \Tukwila2 - fix.DO(.'C±:'City
Attorney\D CM CON: 14(- AC TS1Ttrkw +4u?71)0(-( IN1)G3w4; )'f;m{'%Tukwila2.1)()(-
With a copy to:
Ms. Shelley Kerslake, Esq.
Kenyon Disend, PLLC
11 Front St. So.
Issaquah, WA 98027
TO PCP:
Ken Kester
P.O. Box 53405
Bellevue, WA 98015
With a copy to:
14. Governing Law; Venue. The laws of the State of Washington shall govern
the validity, enforcement, and interpretation of this Agreement. Any dispute or cause of
action under this Agreement shall be resolved in King County Superior Court, State of
Washington.
15. Mutual Agreement. Both Parties agree that this Agreement has been mutually
negotiated and drafted with the advice of legal counsel and that in the event of a dispute
arising out of this Agreement, neither party shall be construed as the drafting party.
16. Integration; Modification; Waiver. This Agreement constitutes the complete
and final expression of the agreement of the Parties with respect to the herein described
transactions, and supersedes all previous contracts, agreements, and understandings of the
Parties, either oral or written. This Agreement cannot be modified, or any of the terms
hereof waived, except by an instrument in writing (referring specifically to this
Agreement) executed by the party against whom enforcement of the modification or
waiver is sought.
17. Counterpart Execution. This Agreement may be executed in several
counterparts, each of which shall be fully effective as an original and all of which
together shall constitute one and the same instrument.
Page 8 of 914
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Attemey14X:Pc.ONT AC- iS∎Toti-wik) -2 lC)f -IC vVINIX)1.V. ATI:.11)'••rt,l wiia.2,1 -)oc..
sit
18. Invalid Provisions. If any one or more of the provisions of this Agreement, or
the applicability of any such provision to a specific situation, shall be held invalid or
unenforceable, such provision shall be modified to the minimum extent necessary to
make it or its application valid and enforceable, and the validity and enforceability of all
other provisions of this Agreement and all other applications of any such provision shall
not be affected thereby.
19. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of each party hereto, and their respective heirs, personal representatives,
successors, and assigns.
20. Assignment. No party may assign its rights hereunder without the written
consent of the other party, which consent shall not be unreasonably withheld. For
purposes of this Agreement, a party's refusal to consent to a proposed assignment shall be
deemed reasonable if such assignment would cause any of the above transactions not to
qualify as exchanges pursuant to Section 1031 of the Internal Revenue Code, as amended.
21. Authority. City warrants that the City Council of the City has lawfully
approved this Agreement and has authorized its Mayor to execute this Agreement and
lawfully bind the City to its terms. PCP warrants that its shareholders, executive officers,
and directors are fully authorized to enter into this Agreement and lawfully bind PCP to
its terms.
CITY OF TUKWILA
By:
Steven M. Mullet, Mayor
Approved as to Form:
By:
Shelley M. Kerslake, City Attorney
PACIFIC COMMERCIAL PROPERTIES
By:
Its:
Page 9 of 99
(1: \City Attorney \DCD \CONTR AC. TS \TUkwila2 - fix .DOC(i;\CNY
,ttemeY \DC MC N {-R- A(= 1,4\1- uk+vile2,1)A 4. .•WINDC /L S'cl'FMPITtikwila")_t)()G
To:
From:
Date:
Ciz of Tukwila
Department of Community Development Steve Lancaster, Director
•
Tukwila City Council
Steve Lancaster, DCD Director
March 31, 2005
Subject: L05 -005: Zoning code changes to amend the TUC zoning district to allow
residential mixed -use development near the Commuter Rail / Amtrak Station.
The amendment discussed at the March 28 public hearing adds language to the TUC District
section of the Tukwila Zoning Code that would allow mixed -use TOD residential development
within a '/4 mile distance from the Rail station property. The amendment would also establish a
new parking standard for this type of residential Transit- oriented Development. This change is
supported by current comprehensive plan policies.
At the hearing, the Tukwila City Council commented that a definition is needed to clarify the
term "Transit- Oriented Development Housing ". The addition of such a definition is now
included in the amendment package.
Steven M Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
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6:35 p.m.
7:00 p.m.
No action taken.
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
OFFICIALS:
CITIZEN COMMENT /CORRESPONDENCE:
PUBLIC HEARING:
TUKWILA CITY COUNCIL MEETING
Council Chambers — City Hall
March 28, 2005
Executive Session
6:30 p.m.
30 minutes — Pursuant to RCW 42.30.110(1)(b) — Real Estate Site Selection /Purchase
Executive session began.
Executive session ended.
COMMITTEE OF WHOLE MEETING
7:00 p.m.
Pamela Linder, Council President, called the Regular meeting to order at 7:08 p.m. and led the audience in the
Pledge of Allegiance. All Councilmembers were present.
Steven M. Mullet, Mayor; Rhonda Berry, City Administrator; Peter Beckwith, Assistant City Attorney; Lucy
Lauterbach, Legislative Analyst; Bob Baker, Deputy City Clerk; Kevin Fuhrer, Finance Director; David Haynes,
Acting Police Chief; Rick Still, Deputy Director — Parks and Recreation; Steve Lancaster, Director of
Community Development; Jim Morrow, Director of Public Works, Derek Speck, Economic Development
Administrator; and Alice Strand, Senior Planner, Department of Community Development.
SPECIAL PRESENTATIONS
Presentation of Gifted Funds — Tukwila Rotary Club — Dan Foley, President
Dan Foley, President of the Tukwila Rotary, was present and spoke of the Club's 100 -year celebration. In
recognition of the milestone, each unit was challenged to perform a centennial project.
To replace playground equipment at Bicentennial Park, President Foley presented Mayor Mullet with a
$5,000.00 check. Additionally, Club members will be present June 4, 2005 to erect and install the new
playground equipment.
Darryl Doak, 11812 — 26 Ave. SW, Tukwila, thanked Council for approving, and spoke favorably of the
City's upcoming Allentown /Foster Point sewer improvement projects. The second phase of the Allentown
revitalization will complete the installation of sanitary sewers in the Allentown neighborhoods along with
upgrading the existing water line. Foster Point residents will also see new water, sewer and storm
drainage improvements.
a. An ordinance amending the Zoning Code to allow high- density residential mixed - use
development in the transit - oriented development (TOD) area of the Tukwila Urban Center
(TUC).
City of Tukwila
City Council Committee of Whole Meeting Minutes
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING REVISED REGULATIONS GOVERNING MULTI - FAMILY HOUSING IN THE
TUKWILA URBAN CENTER IN ORDER TO ALLOW TRANSIT - ORIENTED
DEVELOPMENT IN PROXIMITY TO THE SOUNDER COMMUTER RAIL /AMTRAK
STATION; REPEALING ORDINANCE NO'S. 1758 SECTION 1 (PART); 1814 SECTION 2;
1830 SECTIONS 20, 21, 22; 1865 SECTIONS 34 AND 35; 1872 SECTION 7; 1971
SECTION 12; 1974 SECTION 5; 1976 SECTIONS 49, 50 AND 51; 1986 SECTION 9; 1989
SECTION 7; 1991 SECTION 4; 2005 SECTION 9 AND 2021 SECTION 4, AS CODIFIED
IN TMC CHAPTER 18.28; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE
Page 2 of 8
March 28, 2005
Alice Strand, Senior Planner, Department of Community Development, summarized the previously
distributed staff report to Council. She spoke favorably of the proposed ordinance which would allow
multi - family housing in the TUC in order to allow transit - oriented development within a quarter mile radius
of the Sounder Commuter Rail /Amtrak station.
Also provided in the amendment are new parking standards for this type of residential TOD. The
proposed change is supported by the City's current Comprehensive Plan policies and the proposed
standard provides for one parking space for each one - bedroom unit and two spaces for each two -
bedroom unit. A total of 617 parking spaces (minimum) are required for Tukwila Station. This is a higher
number than that which would be required if Tukwila Station were to be developed in neighboring
jurisdictions.
7:17 p.m. Council President Linder opened the public hearing and called for citizen comment.
7:18 p.m. Hearing no citizen comment, the Council President closed the public hearing.
Council deliberation /discussion resulted in staff direction to review the definitions section of the proposed
ordinance before action /consideration on April 4, 2005.
For action /consideration, consensus existed to forward the proposed ordinance to the April 4,
2005 Regular meeting.
b. An ordinance amending Ordinance No. 1996, as renewed by Ordinance No's. 2054 and
2081, to provide a moratorium exemption for residential mixed -use transit - oriented
development near the Sounder Commuter Rail /Amtrak Station
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING ORDINANCE NO. 1996, AS RENEWED BY ORDINANCE NO'S. 2054 AND
2081, ADDING AN EXEMPTION PROVISION TO THE SIX -MONTH MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS AND
DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR
TRANSIT - ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER
RAIL/AMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
Alice Strand, Senior Planner, Department of Community Development, summarized the previously
distributed staff report to Council.
A developer has come forth and is serious about erecting a mixed -use residential project, to be
constructed within the TOD area of the TUC. Tukwila Station, as proposed, is a 300 -unit multi - family
condominium development with 5,000 square feet of retail space. Considered a pilot project, the idea is a
significant first step toward achieving the City's land use and transportation goals for the TOD area and
TUC Subarea Plan.
It was in January 2005 that the City Council renewed a six -month moratorium on the acceptance of
certain land divisions and land use decisions within the TOD planning area surrounding the Sounder
Commuter Rail /Amtrak station. The moratorium was intended to preserve land available for development
City of Tukwila
City Council Committee of Whole Meeting Minutes
or redevelopment and restrict land uses that do no implement the vision for the area until land use and
transportation plans and regulations supporting the TOD are in place.
Now that a developer has come forth, the proposed Tukwila Station project is anticipated to be ready for
building permit application in April 2005 — before the moratorium expires. After review of the moratorium
renewal legislation, City staff believes the conceptual proposal could proceed without a specific
exemption. Upon recommendation of the City Attorney, however, staff believes it wise to create /provide
for an exemption specifically exempting any residential mixed -use TOD occurring within 1 /4 mile of the
station. If enacted, the moratorium will still be in place, yet clearly define what is allowed under its
prevue.
7:25 p.m. Council President Linder opened the public hearing and called for citizen comment.
Anna Bernhard, 14241 — 59 Ave South, Tukwila, asked if developers are required to set aside a
particular number of units for senior citizens when constructing new multi - family housing units.
Councilmember Carter reported no current requirement exists.
7:27 p.m. Hearing no other citizen comment, the Council President closed the public hearing.
Council deliberation /discussion resulted in staff direction to review and include relative dates within the
whereas clauses of the proposed ordinance. Staff was also asked to include a whereas clause informing
readers of consistency with changes in the TUC. The goal is to have a strong, legally defensible
ordinance.
For action /consideration, consensus existed to forward the proposed ordinance to the April 4,
2005 Regular meeting.
SPECIAL ISSUES:
a. An interlocal agreement with the City of Seattle for hearing examiner services
Page 3 of 8
March 28, 2005
Peter Beckwith, Assistant City Attorney, presented the draft interlocal to Council. The proposed
agreement reports the City of Seattle's Hearing Examiners would provide services at the rate of $70.00
per hour. Tukwila currently pays $100.00 per hour for the Hearing Examiner, as well as $37.50 per hour
for clerical staff /services.
Sue Tanner and Anne Watanabe are both experienced, skilled and respected litigators in Washington.
Each enjoys a good reputation in the legal community.
Seattle's Hearing Examiners will conduct hearings at Tukwila City Hall, whereas (currently) all hearings
are currently held in Renton. Finally, Seattle's examiner will conduct night meetings, whereas Renton's
Hearing Examiner only conducts day -time meetings.
All things considered, the newly proposed interlocal agreement should provide greater efficiency to
Tukwila's staff and witnesses for any hearing.
The current Hearing Examiner contracts (with Renton and Park Eng) will not be terminated. Park Eng
has specialized experience in the area of drug forfeiture cases and is best suited for those the City
encounters.
For action /consideration, consensus existed to forward the proposed interlocal agreement to the
April 4, 2005 Regular meeting.
City of Tukwila
City Council Committee of Whole Meeting Minutes
1. Bid Award — Frank Coluccio Construction
c. Cascade View Drainage Improvement Project:
Page 4 of 8
March 28, 2005
b. Strander Boulevard Stormwater Pump Station #17 Road and Drainage Improvements
Project:
Councilmember Fenton reported review and approval of the proposed bid award at the March 22 Utilities
Committee meeting. The project provides for the installation of a new pump station at Bicentennial Park;
a new, larger, conveyance system between the intersection of Strander Boulevard /Andover Park East
and the Green River; and would also abandon the existing storm system and outfall to the river.
Jim Morrow, Public Works Director, reported that upon review of bids from the top two bidders, City staff
found mathematical errors and /or technical inconsistencies. Both submitted written requests (later
granted) to withdraw their bids. The bid from third lowest bidder, Frank Coluccio Construction, contained
no errors or irregularities. References have been checked and past performance and quality of work
issues are high.
Mr. Morrow reviewed the proposed budget and bid summary with Council and spoke in favor of moving
forward with awarding the construction contract in the amount of $1,566,424.00.
For action /consideration, consensus existed to forward the proposed bid award to the April 4,
2005 Regular meeting.
2. Two supplemental agreements with Penhallegon Associates, Inc., (PACE), for
construction management and design services
Also at the March 22 Utilities Committee, Councilmember Fenton reported review and approval of the
proposed contract supplements with PACE.
Jim Morrow, Public Works Director, reported the first supplement adds construction management and
inspection services to the original agreement. It also includes full -time construction inspection and project
management with Entranco as a sub - consultant to PACE, Inc. Costs associated with this supplement are
$204,386.00.
The second supplement includes additional preliminary engineering costs incurred by the consultant due
to time delays in securing approval from the Endangered Species Act officials. Delays were also realized
in the area of designing the new water quality device and coordination of meetings with City staff, and the
Army Corps of Engineers for permit approvals. Costs associated with this supplement are $18,425.00.
Mr. Morrow stated satisfaction on behalf of himself and staff as it relates to the City's contract supplement
practice(s). Within the Public Works Department, only Mr. Morrow or Bob Giberson, Acting City Engineer,
are permitted to amend and /or approve contract change orders or supplements.
For action /consideration, consensus existed to forward the proposed contract supplements to the
April 4, 2005 Regular meeting.
1. Two interlocal agreements (with Water District #125 and Val Vue Sewer District).
Councilmember Fenton reported review and approval of the item at the March 22 Utilities Committee.
The proposed interlocal agreements would allow Tukwila to perform utility upgrades as one City -
administered project with respect to the Cascade View Drainage Improvement project. Further, the
agreements do not require the utility districts to construct upgrades if unfavorable bids are received, yet
requires them to reimburse the City for costs incurred and to construct improvements without causing
delay to City projects.
City of Tukwila
City Council Committee of Whole Meeting Minutes
2. Bid Award — SCI Infrastructure, LLC.
Page 5 of 8
March 28, 2005
Speaking in favor of the proposed interlocal agreements, Jim Morrow, Public Works Director, reviewed
the staff memorandum (previously distributed) with Council. The project consists of the construction of
nearly 8,500 linear feet of street and drainage improvements within City rights -of -way in the Cascade
View neighborhood. Both utility districts plan upgrades within project limits and both would like to
incorporate their upgrades as part of the City's project — all in an attempt to reduce costs and construction
impacts.
For action /consideration, consensus existed to forward the proposed interlocal agreements to the
April 4, 2005 Regular meeting.
Also at the March 22 Utilities Committee meeting, Mr. Fenton noted review and approval of the proposed
bid award.
Jim Morrow, Public Works Director, noted the low bid came in at $3,962,500.00. There is also an additive
item to be awarded and paid for by Val Vue, in the amount of $76,704.00, by way of the proposed
interlocal agreement. Total bid award on this item is $4,039,204.00.
For action /consideration, consensus existed to forward the proposed bid award to the April 4,
2005 Regular meeting.
3. A supplemental agreement with KPG, Inc., for construction management
services
Another item considered at the March 22 Utilities Committee, the proposed supplement was reviewed
and approved for forwarding to this meeting.
It was in December, 2004 that KPG began design of the Cascade View drainage improvement project.
Final design is complete and the bid award for construction is in motion. This proposed supplement
allows KPG to perform construction management services for a fee — not to exceed $49,923.60. A
majority of the construction engineering will be performed by City staff.
Construction services will include attendance at a pre- construction conference and public meeting,
contract submittal review, materials testing, and on -call project support.
For action /consideration, consensus existed to forward the proposed contract supplement to the
April 4, 2005 Regular meeting.
d. Reprioritization of two water projects (Southcenter Parkway and Southcenter Boulevard)
in 2005 Capital Improvement Program (CIP).
Councilmember Fenton reported on yet another item considered at the March 22 Utilities Committee
meeting. Reading from the Council Agenda Synopsis form, Mr. Fenton noted that in order to meet the
timeframes associated with the Tukwila Valley South project, City staff is recommending reprioritization of
two water projects.
The Southcenter Boulevard water main replacement project (currently scheduled for 2005) would be
delayed until 2007 and the Southcenter Parkway water upgrade project (currently scheduled for 2007)
would be funded and performed in 2005.
Jim Morrow, Public Works Director, spoke in favor of Council authorizing the reprioritization of the
projects. Installation of the water main on Southcenter Parkway would coincide with the installation of the
sanitary sewer system which will serve the Tukwila Valley South project.
City of Tukwila
City Council Committee of Whole Meeting Minutes
Page 6 of 8
March 28, 2005
For action /consideration, consensus existed to forward this issue to the April 4, 2005 Regular
meeting.
e. A consultant's agreement with HNTB Corporation for Klickitat Drive /Southcenter Parkway
access improvement project.
Councilmember Haggerton reported consideration of this proposed agreement at this evening's (earlier)
Transportation Committee meeting. The proposed contract provides engineering design services for
roadway improvements on Southcenter Parkway at Klickitat Drive. Proposed is a combination bridge
under the northbound lanes and over the southbound lanes.
Jim Morrow, Public Works Director, spoke in favor of Council approving the consultant's agreement in the
amount of $1,168,322.00 for engineering services. This money and work should get the City to the 30%
design stage.
In an effort to improve traffic conditions at the Klickitat Drive /Southcenter Parkway intersection, HNTB is
the firm chosen to provide the design work. Final design and construction support may be contracted
once adequate funding is secured.
On March 21, 2005 the City was notified of a partial award of $661,333.00 from the FFY 2005
Appropriations Act. A "full award," expected in late 2005, may be as much as $1,000,000.00. Currently
$500,000.00 (City money) is budgeted for the project. Other monies may be derived from impact fees
"from a variety of projects proposed for the TUC...as early as summer.." 2005.
The accelerated schedule for completion of the 30% design report is timed to maximize the potential of
obtaining future grants through the Transportation Improvement Board, late 2005. The total fee for this
Phase I work is $1,168,322.00.
Mr. Morrow noted construction may be completed by 2012. Currently, City staff is ahead of schedule in
all respects.
For action /consideration, consensus existed to forward the proposed agreement to the April 4,
2005 Regular meeting.
f. South 144 Street Improvement — Phase I Project:
1. Bid Award (construction) — Rodarte Construction, Inc.
Also at this evening's Transportation Committee meeting, Councilmember Haggerton noted the low
bidder on the South 144 Street Improvement project came in at $1,810,600.00, from Rodarte
Construction, Inc. A bid additive item (in the amount of $29,865.60) is also slated for approval and shall
be paid via invoice to Water District #125 — as it relates to their infrastructure.
Jim Morrow, Public Works Director, noted Phase I of the proposed project shall include installation of
sidewalks, bike lanes, streetscape improvements, wider travel lanes and underground utilities. Limits for
Phase I are from Military Road easterly to Tukwila International Boulevard.
Phase II limits are Tukwila International Boulevard easterly to 42 Avenue South — slated for construction
in 2007.
The proposed construction firm is the same firm that built Cascade View Community Park and street
improvements on 37 Avenue South in 2003.
For action /consideration, consensus existed to forward the proposed bid award to the April 4,
2005 Regular meeting.
City of Tukwila
City Council Committee of Whole Meeting Minutes
Page 7 of 8
March 28, 2005
2. A supplemental agreement with KPG, Inc., for construction management
services
Also reviewed at this evening's Transportation Committee meeting, this proposed supplemental
agreement would allow KPG, Inc. to perform construction management services for the South 144 Street
project in an amount not to exceed $273,700.00.
Jim Morrow, Public Works Director, reviewed previously distributed materials to Council and pointed out
that in Exhibit B of the proposed supplemental agreement, "...that the contract will have a winter
shutdown from November 1, 2005 to March 2006, approximately 120 Calendar [sic] days, and in addition
no work will be performed during an additional 90 -day shut down for utilities work to be performed."
For action /consideration, consensus existed to forward the proposed supplemental agreement to
the April 4, 2005 Regular meeting.
REPORTS:
a. Mayor
Steven M. Mullet proudly announced the release of the newest edition of The Hazelnut. For the first
time, the publication appears in full color. He cited a "spectacular job" by City staff associated with
producing the newsletter.
b. Council
Councilmember Joe Duffie attended a recent community /neighborhood meeting at Tukwila Elementary
School, wherein parking, pick -up and drop -off and speeding citations were discussed.
Councilmember Joan Hernandez attended the March 22 Utilities Committee meeting.
Council President Pamela Linder asked Bob Baker to confirm a change in meeting dates for a future
Arts Commission meeting. Due to scheduling difficulties and /or conflicts, the March 5 meeting has been
changed to March 12.
Councilmember Pam Carter attended the March 24 General Assembly meeting of the Puget Sound
Regional Council. She also attended a recent SCATBd meeting and distributed a written report from that
meeting.
Councilmember Jim Haggerton attended the March 23 Board of Directors meeting for the Cascade
Water Alliance. Additionally, he attended this evening's Transportatior Committee meeting.
Councilmember Dennis Robertson attended a recent WRIA 9 meeting.
Councilmember David Fenton reported on favorable changes within the Southgate Mobile Home Park
including removal of some trailers and clean -up /repair of others.
c. City Administrator
Rhonda Berry noted the most recent WRIA 9 Plan is available for review in the Mayor's Office. She also
reported on a future leadership conference regarding WRIA 9 and the Endangered Species Act. Next, the
City Administrator reported on a Tukwila Library Advisory Board meeting during the week of March 21.
Finally, Ms. Berry reported an April 2 dinner in support of Chaplain Patterson.
City of Tukwila Page 8 of 8
City Council Committee of Whole Meeting Minutes March 28, 2005
d. City Attorney
Neither Ms. Kerslake nor Mr. Beckwith were present during this portion of the meeting.
e. Legislative Analyst
Lucy Lauterbach reported a March 30, 2005 workshop for Councilmembers from 3:00 to 5:00 p.m., at
the Tukwila Community Center.
MISCELLANEOUS:
Council President Linder reminded City staff and Council to be mindful of the upcoming Centennial event
— in 2008. She wants to ensure we give it the due diligence it deserves.
ADJOURNMENT:
9:16 p.m. Council President Linder adjourned the meeting.
Steven M. Mullet, Mayor
Robert H. Baker, CMC, Deputy City Clerk
Date minutes approved: April 4, 2005.
TO:
From:
Date:
Subject:
Background
Related Legislation
Cizy of Tukwila
Tukwila City Councilmembers
Steve Lancaster, DCD Director
March 22, 2005
Adoption of amendment to TOD moratorium ordinance. The amendment would
provide a moratorium exemption for residential mixed -use TOD within one
quarter mile of the Sounder Commuter Rail /Amtrak Station.
In January and February of 2005, the CAP and COW committees reviewed an amendment to
TUC zoning regulations that would allow the type of use envisioned by the Tukwila Station
proposal. The proposed amendment would change the TUC zoning regulations to allow
residential mixed -use TOD within one quarter mile of the Rail station property.
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
In late 2004, a developer approached DCD with a proposal for a mixed -use residential project, to
be constructed within the Transit - Oriented. Development (TOD) area of the Tukwila Urban
Center. Tukwila Station, a 300 unit multi- family condominium development with 5,000 square
feet of retail, would be located on the property north of Longacres Way and the Sound Transit
Commuter /Amtrak Rail Station, between the UP and BNSF railroad tracks. This "pilot: project"
would constitute a significant first step towards achieving our land use and transportation goals
for the TOD area and the TUC Subarea Plan.
In January 2005, Council renewed a six -month moratorium on the acceptance of certain land
divisions and land use decisions within the transit - oriented development (TOD) planning area
surrounding the Sounder Commuter Rail /Amtrak station (see Figure 1). The moratorium was
intended to preserve land available for development or redevelopment and restrict land uses that
do not implement the vision for the area until land use and transportation plans and regulations
supporting the TOD at the station are in place.
In February and March, the CAP and COW committees were also been briefed on two
conceptual agreements concerning the Tukwila Station proposal. The first agreement involves a
mutually beneficial land exchange with the Tukwila Station proponent. The second agreement is
a development agreement for the Tukwila Station proposal.
The land exchange, the TUC code amendment and the moratorium amendment will be the
subject of public hearings to be held on March 28. The development agreement is not subject to
a public hearing, but will be discussed at the March 28 Tukwila City Council meeting.
6300 Southcenter Boulevard. Suite #100 • Tukwila. Washin,2ton 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
Why Amend the Moratorium Now?
The proposed Tukwila Station project is anticipated to be ready for building permit application
sometime in April, before the moratorium expires. During the January review of the moratorium
renewal legislation, staff felt that the conceptual proposal could proceed without a specific
exemption. However, upon further review, Tukwila City Attorney Shelley Kerslake believes it
would be prudent to add an exemption specifically exempting any residential mixed -use TOD
occurring within 1/4 mile of the Sounder Station. This action will leave the moratorium in place,
but more clearly define what is allowed under the moratorium
Staff Recommendations
The proposed ordinance will specifically allow residential TOD within a limited area in the
Tukwila Urban Center. Staff recommends forwarding this amendment to the regular Tukwila
City Council meeting on April 4. This schedule will allow the Council to address all items
related to Tukwila Station during the April 4 meeting.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1996, AS RENEWED BY
ORDINANCE NOS. 2054 AND 2081, ADDING AN EXEMPTION
PROVISION TO THE SIX -MONTH MORATORIUM ON ACCEPTANCE
OF APPLICATIONS FOR CERTAIN LAND DIVISIONS AND
DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA
DESIGNATED FOR TRANSIT- ORIENTED DEVELOPMENT AROUND
THE TEMPORARY COMMUTER RAII/AMTRAK STATION AT
LONGACRES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila adopted Ordinance No. 1996 on September 16, 2002,
establishing a six -month moratorium on the acceptance of applications for certain land
divisions and development activities and land uses within the area designated for transit-
oriented development around the temporary Commuter Rail/Amtrak Station at Longacres;
and
WHEREAS, the moratorium established by Ordinance No. 1996 was renewed by
Ordinance No. 2054 on July 19, 2004 and No. 2081 on January 18, 2005; and
WHEREAS, to accommodate a pending development opportunity, the City desires to
provide for an exemption to the moratorium for residential mixed -use transit - oriented
development projects within one - quarter mile of the Sounder Commuter Rail/Amtrak
Station property;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 2054 Amended. Ordinance No. 1996, as renewed by
Ordinance Nos. 2054 and 2081, is hereby amended by the addition of a new Section. All
other provisions of these moratorium ordinances shall remain in full force and effect as
adopted. The new Section shall read as follow:
Section 6 Exemption Residential mixed -use transit- oriented development
projects within one-quarter mile of the Sounder Commuter Rail/Amtrak Station
property are specifically exempted from this moratorium.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force 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 , 2005.
ATTEST/ AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
EE3L
Moratorium Exemption 3/25/05 Page 1 of 1
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council
Published
Effective Date
Ordinance Number
Committee chair approval
Community and Parks
February 15, 2005
4. Zoning changes to amend TUC zoning at TOD The Lodging Tax Advisory Board (LTAB)
owns some land near I -405 in the northern most section of the transit- oriented development area
(TOD) near Interurban. A proposal for a large mixed -use project south of the City property has
come in. Zoning changes are needed to allow that. The Committee talked about whether the
parking requirements were adequate to accommodate all the cars that would be part of the
development. Requiring one car per bedroom helped with the condo /apartments. A conditional
use design review will be used on the project.
The financial implications for the city include the fact that the general fund now "owns" the
property, and the City has been receiving money from the LTAB to pay off the debt. Land is
needed for future rail lines on the east side of the condo development, and most of the city's land
too would be needed if the Burlington Northern railroad tracks were switched from the west side
of the TOD to the east side. The city would lose the LTAB funds, but Kevin explained that
Lodging Tax was really part of the City, too, so it is not such a major loss. Jack said the City is
trying to acquire the space for the tracks move now, so it will be there when the move is needed
for the Strander street extension. This may not happen for 10 -15 years. The Committee asked for
more clarification of both the land swap and the financial implicrions involved. Recommend to
COW.
7. Macadam Winter Garden Bruce and Paul introduced Michael Brown, who is part of the
team working on the winter garden. Michael talked about their plan, which satisfied criteria from
winter beauty and interest, to low maintenance, tree removal and planting, and safety. About 14
3' trees would g� along the street, and 60 more trees within the park. Bruce said the plan was
stellar, but the city funds could not afford the $275k cost. To make it affordable Bruce will take
$80,000 from Phase II of Cascade View Park, saying his staff has said they can do most of the
work themselves. That brings city funding to $240,000, and if a water feature is cut, the rest of
the plan could be implemented. Take plan to Council.
8. Fourth Quarter Reports There were no problems with the fourth quarter reports.
Information.
To:
From
Date:
Subject:
Background
City of Tukwila
Department of Community Development Steve Lancaster, Director
Tukwila City Council
Steve Lancaster, DCD Director
March 21, 2005
L05 -005: Zoning code changes to amend the TUC zoning district to allow
residential mixed -use development near the Commuter Rail / Amtrak Station
This amendment is intended to allow the City to seize the opportunity presented by a proposed
mixed -use residential project in the Transit - Oriented Development (TOD) area of the Tukwila
Urban Center: This "pilot" project would constitute a significant first step towards achieving our
land use and transportation goals for the TOD area and the TUC Subarea Plan.
The amendment adds language to the TUC District section of the Tukwila Zoning Code that
would allow mixed -use TOD residential development within a' 'A mile distance from the Rail
station property. The amendment would also establish a new parking standard for this type of
residential Transit- oriented Development. This change is supported by current comprehensive
plan policies:
The Tukwila City Council was briefed on this issue in December and agreed to forward it to the
Planning Commission. On January 27, 2005, a public hearing was held before the Planning
Commission. No public comments were made and the Planning Commission unanimously voted
to forward the amendments to the City Council. This amendment was consider by the CAP
Committee on February 15, 2005 and forwarded to the COW for consideration on February 28,
2005. The COW forwarded it to the Tukwila City Council for consideration and a public hearing
on March 28, 2005.
Existing Zoning and Development Envisioned in the Tukwila Urban Center Plan
Steven M. Mullet, Mayor
The Tukwila Comprehensive Plan designated this area as part of the Tukwila Urban Center
District (TUC). Urban density commercial development is allowed in this area, but residential
cannot be a component unless it is within 500 feet of a water amenity. The current City -wide
parking standard for multi- family development calls for two spaces for units with up to three
bedrooms plus one additional space for every two bedrooms thereafter (Figure 18.7, Tukwila
Zoning Code). Comprehensive Plan policies support mixed -use residential housing in this area
because it adds to the overall economic vitality of the City; provides quality housing for the
community; and links transportation and land use in a way that encourages non-auto
transportation choices for residents.
6300 Southcenter Boulevard. Suite #100 • Tukwila. Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
The main difference between the amendment and the TUC Plan is that the amendment limits
development of housing to a'' /4 mile distance from the rail station. Mixed -use housing, as
recommended in the draft TUC Plan, will extend much further from the station.
Transit — oriented development is, as the name implies, oriented to attract high users of transit.
For this reason, parking requirements are generally lower for TOD projects. This amendment, in
keeping with the draft TUC Plan proposes a TOD residential parking standard of one space for
each one bedroom unit and two spaces for each unit with two bedrooms or more. Under this
standard, 617 parking spaces will be required for Tukwila Station. This standard provides more
parking than what would be required were Tukwila Station to be developed in the nearby
suburban downtowns of Renton (569 spaces), Bellevue (548 spaces) and Auburn (363 spaces).
Existing development in the area within '/4 mile of the rail station is commercial and industrial in
nature. Impacts to the surrounding properties would generally be the same as those anticipated
under the existing code. The project will require a Conditional Use Permit and Design Review.
Staff Recommendation
This amendment provides an opportunity to provide housing in the urban center and next to the
Sounder Station much earlier than previously anticipated. The Tukwila Planning Commission
recommended adoption of the proposed amendment. Following the public hearing, staff
recommends the amendment be forwarded to the April 4, 2005 agenda for adoption. This
schedule will allow the Council to address all items related to Tukwila Station during the April 4
meeting.
T
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING REVISED REGULATIONS GOVERNING
MULTI- FAMILY HOUSING IN THE TUKWILA URBAN CENTER IN
ORDER TO ALLOW TRANSIT- ORIENTED DEVELOPMENT IN
PROXIMITY TO THE SOUNDER COMMUTER RAIL/AMTRAK STATION;
REPEALING ORDINANCE NOS. 1758 §1 (PART); 1814 §2; 1830 §20, 21, 22;
1865 §34 AND 35; 1872 §7; 1971 §12; 1974 §5; 1976 §49, 50 AND 51; 1986 §9;
1989 §7; 1991 §4; 2005 §9 AND 2021 §4, AS CODIFIED IN TMC CHAPTER
18.28; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFF'ECTTVE DATE.
WHEREAS, the City recognized the unique opportunity to promote a more
compact, mixed use, pedestrian supportive pattern of development that makes effective
use of its proximity and accessibility to the rail station, and includes a mix of retail,
service, office and residential uses; and
WHEREAS, a more intensive pattern of transit- oriented development (TOD) would
assist the City with the redevelopment of the Tukwila Urban Center (TUC), a
designated urban center within King County, and provide workers with commercial,
public and recreational services close to where they live or work; and
WHEREAS, a more intensive pattern of TOD would benefit the region by assisting
in achieving Growth Management Act (GMA) requirements and increasing local and
regional transit ridership; and
WHEREAS, while the City anticipates the TUC Plan, including TOD regulations, to
be completed by the end of 2005, some issues need to be addressed immediately in
order for near -term TOD projects to be successful; and
WHEREAS, it is anticipated that the TUC Plan will propose that high- density
mixed -use residential projects be allowed as in the TUC; and
WHEREAS, the City has received a proposal for development within the TOD
planning area that would be consistent with the stated vision for the TOD and support
the successful implementation of the TOD master plan; and
WHEREAS, the development of mixed -use residential TOD within one - quarter
mile of the Sounder Commuter Rail /Amtrak Station has been specifically exempted
from the temporary development moratorium on the TOD area;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regulations Amended. To amend regulations governing multi- family
housing in the Tukwila Urban Center in order to allow transit- oriented development in
proximity to the Sounder Commuter Rail /Amtrak Station, TMC Chapter 28.26 is
hereby amended to read as follows:
Zoning Code Amend in TUC 3/25/05 Page 1 of 7
CHAPTER 18.28
TUKWILA URBAN CENTER (TUC) DISTRICT
Sections:
18.28.010 Purpose
18.28.020 Permitted Uses
18.28.030 Accessory Uses
18.28.040 Conditional Uses
18.28.050 Unclassified Uses
18.28.060 On -Site Hazardous Substances
18.28.070 Design Review
18.28.080 Basic Development Standards
18.28.010 Purpose
This district implements the TUC Comprehensive Plan designation. It is intended
to provide an area of high- intensity regional uses that include commercial services,
offices, light industry, warehousing and retail uses. Development is intended to be
pedestrian friendly, with a strong emphasis on a safe and attractive streetscape.
18.28.020 Permitted Uses
The following uses are permitted outright within the TUC district, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer
or used car sales lots. No dismantling of cars nor travel trailers nor sale of used parts
allowed.
3. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or poolrooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenter shops employing less than five people.
10. Commercial laundries.
11. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, of
b. located at least 175 feet from adjacent arterial streets and behind a building
that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
Zoning Code Amend in TUC 3/25/05 Page 2 of 7
17. Financial:
a. banking;
b. mortgage;
c. other services.
18. Fix -it, radio or television repair shops/ rental shops.
19. Fraternal organizations.
20. Frozen food lockers for individual or family use.
21. Greenhouses or nurseries (commercial
22. Heavy equipment repair and salvage.
23. Hotels.
24. Industries involved with etching, film processing, lithography, printing, and
publishing.
25. Internet data /telecommunication centers
26. Laundries;
a. self - serve;
b. dry cleaning;
c. tailor, dyeing.
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or packaging of foods, including but not
limited to, baked goods, beverages (except fermenting and distilling), candy, canned or
preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(no slaughtering).
29. Manufacturing, processing and /or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
30. Manufacturing, processing, and/ or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur,
furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood.
31. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
32. Medical and dental laboratories.
33. Mortician and funeral homes.
34. Motels.
35. Offices, including:
a. medical;
b. dental;
c. government; excluding fire and police stations;
d. professional;
e. administrative;
f. business, such as travel, real estate;
g. commercial
36. Outpatient, inpatient, and emergency medical and dental.
37. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
38. Pawnbrokers
39. Planned shopping center (mall).
40. Plumbing shops (no tin work or outside storage).
Zoning Code Amend in TUC 3/25/05 Page 3 of 7
41. Railroad tracks (including lead, spur, loading or storage).
42. Recreation facilities (commercial - indoor) athletic or health clubs.
43. Recreation facilities (commercial - indoor), including bowling alleys, skating
rinks, shooting ranges.
44. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
45. Restaurants, including:
a. drive - through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
46. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
47. Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
48. Schools and studios for education or self improvement.
49. Self- storage facilities.
50. Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
51. Studios - art, photography, music, voice and dance.
52. Taverns, nightclubs.
53. Telephone exchanges.
54. Theaters, excluding "adult entertainment establishments ", as defined by this
Code.
55. Warehouse storage and/ or wholesale distribution facilities.
56. Other uses not specifically listed in this Title, which the Director determines to
be:
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.28.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and
clearly incidental to such permitted use, are allowed within the TUC district.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2
decision; criteria are listed at TMC 18.50.060.
2. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
3. Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide
a safe passenger loading zone.
4. Home occupation.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
Zoning Code Amend in TUC 3/25/05 Page 4 of 7
•
•
18.28.040 Conditional Uses
The foliowing uses may be allowed within the TUC district, subject to the i
nncnto procedures, and conditions established by the Conditiona Use Permits chapter
of this title.
1. Amusement parks.
2. Bed-and-Breakfast lodging; must be located on property adjacent to and not
greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond.
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Dwelling - Multi-family units (max. 22.0 units/acre except senior citizen which is allowed to 100 units/acre, as a mixed-use development that is non-
industrial in nature); must be located on property adjacent to and not greater than 500
feet from the Green River, Tukwila Pond or Minkler Pond.
8. Transit-oriented development housing (which is allowed to 65 units/acre as a
mixed-use development that is non-industrial in nature); must be located on property
adjacent to and not greater than one-quarter mile from the Sounder Commuter
RaiI/ Amtrak Station property.
9. Drive-in theaters.
10. Electrical substations - distribution.
11. Fire and police stations.
12. Hospitals, sanitariums, or sirnilar institutions.
13. Manufacturing, processing and/ or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal,
engraving, galvanizirtg and hand-forging.
14. Park and ride lots.
15. Radios, television, microwave, cellular or observation stations and towers.
16. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
17. Schools, preschool, elementary, junior or high schools, and equivalent private
schools.
I8.28.050 Unclassified Uses
The following uses may be allowed within the TUC district, subject to the
requirements, procedures and conditions established by TMC Chapter 18.66
Unclassified Use Permits.
1. Airports, landi £ields and heliports (except emergency sites).
2. Conversions of rental multi-family structures to condominiums or owner-
occupied multi-family housing, but excluding the construction of new condominium or
owner-occupied multi-family housing.
3. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
4. Hydroelectric and private utility pow€r generating plants.
5. Landfills and excavations which the responsible official, acting pursuant to the
State Environmental Policy Act, determines are significant environmental actions.
6. Mass transit facilities.
Zoning Code Amend in TUC 3/25/05 Page 5 of 7
Lot area per unit (multi- family,
except senior citizen and TOD),
minimum
2,000 sq. ft.
Setbacks to yards, minimum:
• Front
15 feet
• Second front
15 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
-1st floor
10 feet
- 2nd floor
20 feet
- 3rd floor
30 feet
• Rear
10 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
- 1st floor
10 feet
- 2nd floor
20 feet
- 3rd floor
30 feet
Height, maximum
115 feet
Landscape requirements, minimum
See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for
further requirements
• Front
15 feet; required landscaping may
nclude a mix of plant materials,
pedestrian amenities and features,
outdoor cafe -type seating and
similar features, subject to approval
as a Type 2 special permission
decision.
• Sides
None
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
• Rear
None
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
Recreation space
200 sq. ft. per dwelling unit,
1,000 s.. ft. min.
Recreation space, senior citizen
housing
100 sq. ft. per dwelling unit
18.28.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or hazardous waste
treatment and storage facilities shall be permitted, unless clearly incidental and
secondary to a permitted use. On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105).
18.28.070 Design Review
Design review is required for all commercial structures larger than 1,500 square
feet, and for all structures containing multi - family development. Commercial
structures between 1,500 and 2,500 square feet and multi- family structures up to 1,500
square feet will be reviewed administratively. Design review is also required for certain
exterior repairs, reconstructions, alterations or improvements to buildings over 10,000
square feet.
18.28.080 Basic Development Standards
Development within the TUC district shall conform to the following listed and
referenced standards:
TUC BASIC DEVELOPMENT STANDARDS:
Zoning Code Amend in TUC 3/25/05 Page 6 of 7
Off Street Parking
• Residential (except senior citizen
housing)
See TMC Chapter 18.56, Off street
Parking /Loading Regulations
3 per 1,000 sq. ft. usable floor area
minimum
• Office
• Retail
4 per 1,000 sq. ft. usable floor area
minimum
• Manufacturing
1 per 1,000 sq. ft. usable floor area
minimum
• Warehousing
1. per 2,000 sq. ft. usable floor area
minimum
• Other uses, incl.
senior citizen housing
_
See TMC Chapter 18.56, Off - street
Parking /Loading Regulations
• TOD housing
1 per one bedroom unit
2 per unit with two plus bedrooms
Performance Standards: Use, activity and operations within a structure or
a site shall comply with (1) standards adopted by the Puget Sound Air
Pollution Control Agency for odor, dust, smoke and other airborne
pollutants, (2) TMC Chapter 8.22, "Noise ", and, (3) adopted State and
Federal standards for water quality and hazardous materials. In addition,
all development subject to the requirements of the State Environmental
Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse
environmental impacts have been adequately mitigated.
Section 2. Repealer. Ordinance Nos. 1758 §1 (part); 1814 §2; 1830 §20, 21, 22; 1865
§34 and 35; 1872 §7; 1971 §12; 1974 §5; 1976 §49, 50 and 51; 1986 §9; 1989 §7; 1991 §4;
2005 §9 and 2021 §4, as codified in TMC Chapter 18.28, are hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, 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 , 2005.
ATTEST/ AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Zoning Code Amend in TUC 3125/05 Page 7 of 7
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
X 4. Zoning changes to amend TUC zoning at TOD The Lodging Tax Advisory Board (LTAB)
owns some land near I -405 in the northern most section of the transit - oriented development area
(TOD) near Interurban. A proposal for a large mixed -use project south of the City property has
come in. Zoning changes are needed to allow that. The Committee talked about whether the
parking requirements were adequate to accommodate all the cars that would be part of the
development. Requiring one car per bedroom helped with the condo /apartments. A conditional
use design review will be used on the project.
The financial implications for the city include the fact that the general fund now "owns" the
property, and the City has been receiving money from the LTAB to pay off the debt. Land is
needed for future rail lines on the east side of the condo development, and most of the city's land
too would be needed if the Burlington Northern railroad tracks were switched from the west side
of the TOD to the east side. The city would lose the LTAB funds, but Kevin explained that
Lodging Tax was really part of the City, too, so it is not such a major loss. Jack said the City is
trying to acquire the space for the tracks move now, so it will be there when the move is needed
for the Strander street extension. This may not happen for 10 -15 years. The Committee asked for
more clarification of both the land swap and the financial implications involved. Recommend to
COW.
7. Macadam Winter Garden Bruce and Paul introduced Michael Brown, who is part of the
team working on the winter garden. Michael talked about their plan, which satisfied criteria from
winter beauty and interest, to low maintenance, tree removal and planting, and safety. About 14
3' trees would g� along the street, and 60 more trees within the park. Bruce said the plan was
stellar, but the city funds could not afford the $275k cost. To make it affordable Bruce will take
$80,000 from Phase II of Cascade View Park, saying his staff has said they can do most of the
work themselves. That brings city funding to $240,000, and if a water feature is cut, the rest of
the plan could be implemented. Take plan to Council.
8. Fourth Quarter Reports There were no problems with the fourth quarter reports.
Information.
Committee chair approval
Community and Parks
February 15, 2005
Community and Parks Committee
February 15, 2005
Present: Joe Duffie, Chair; Joan Hernandez, Dennis Robertson
Evie Boykan, Jack Pace, Brandon Miles, Paul Surek, Bruce Fletcher, Nick Olivas,
Dave Haynes, Rhonda Berry, Kevin Fuhrer, Derek Speck, Lucy Lauterbach;
Michael Brown - Johnson Braund; Annie Dooks and Paul Berry-Wet Hill
Annexation
I. Interlocal Agreement with Tukwila School District for Human Services Evie explained
that the City has contracted with service providers who provide some services on the school
grounds. Because administrations and school board members change, Evie thought it a good idea
to have an interlocal agreement covering human service use of the schools. The Committee
agreed it was a good idea, and said they supported the interlocal. The school district is reviewing
it now also. Recommend interlocal to COW.
2. West Hill Annexation Annie spoke first, saying that annexation was an open issue on the
West Hill. Most of the area is in the Renton school district. Their main business revenues come
from two casinos and a bowling alley. It is a largely residential area. King County has started a
study that will give information about their area, and they are in turn finding information from
Renton, Seattle and perhaps Tukwila. They asked what Tukwila's interest in annexation might
be, and if there was any interest at all, they would include Tukwila in their study. Dennis talked
about his own efforts at annexation, and expressed appreciation to Annie and Paul for their work.
He said he drove around the area, and saw the roads all led north and south in the West Hill area.
He thought there were almost no connections between West Hill and Tukwila in any social,
community, school or other manner. Joan said the City is now very busy with the annexation
with an area that was in our potential Annexation Area for a long time. She thought that would
preclude any other annexations in the near term. Refer issue of Tukwila's interest in
annexation to COW.
3. Planning Commission Sign Code Recommendations The Committee started to work
though the amendments that had been charted in a matrix. Dennis had several questions on the
summary memo before the matrix. Going through the new regulations, he expressed concern
about the non -sport use of the animated scoreboards, and whether "minimal" off -site viewing
would be disruptive or bothersome to anyone. Brandon explained that though scoreboard will be
allowed in LDR zones that have a Public Recreation Overlay, the only two signs now are at
Foster High and Starfire. The changes would allow video displaces at sports stadiums that seat
2,000 people. The code change clarifies that signs that are not clearly visible from the public
right of way or adjacent properties are not regulated under the sign code. It increases the number
of permanent signs permitted at Public Facilities in residential zones to be consistent with what is
permitted at commercial properties. It also calls for greater signage at the Museum of Flight.
Forward sign code changes to COW.
The Public Hearing was called to order by Chair Malina at 7:00 p.m.
Present: Chair, George Malina, Vice Chair, Margaret Bratcher, Commissioners, Bill
Arthur, Allan Ekberg, Henry Marvin, Vern Meryhew, and Lynn Peterson
Representing
City Staff: Nora Gierloff, Brandon Miles, Minnie Dhaliwal, Alice Strand, and Joyce Trantina
VERN MERYHEW MADE A MOTION TO ADOPT THE PUBLIC HEARING
MINUTES FROM DECEMBER 9, 2004. ALLAN EKBERG SECONDED; THE
MOTION WAS UNANIMOUSLY APPROVED.
Chair Malina swore in those wishing to give public testimony.
CASE NUMBER:
APPLICANT:
REQUEST:
LOCATION:
BOARD OF ARCHITECTUAL REVIEW
AND
PLANNING COMMISSION
PUBLIC HEARING MINUTES
JANUARY 27, 2005
L04 -032
Brad Decker
Modification to the approved Design Review application for the construction
of a 2,845 square foot addition to the existing building.
235 Strander Boulevard Tukwila, WA
Minnie Dhaliwal gave the presentation for Staff. She presented drawings, which showed the
proposed additional parking spaces. A discussion followed regarding landscaping issues and
what impacts the additional parking spaces would have on existing or proposed landscaping.
She indicated that some landscaping would have to be removed, and there were no proposals to
replace what is being removed. However, the minimum landscaping requirements of the project
will still be met, even if the landscaping in this specific area is removed.
Brad Decker, the applicant, gave a presentation. He indicated that one tenant in this area will be
a restaurant, other tenants include a jeweler, bridal shop, and florist. He indicated that a bike
area has been added to the West Side of the building, which still meets Fire Department safety
regulations.
There were no further comments.
The Public Hearing was closed.
The Planning Commission Deliberated.
Bill Arthur indicated that the modifications appeared to be minor in scope and were approved by
the BAR unanimously.
Page 2 of 4
Planning Commission Minutes
January 27, 2005
BILL ARTHUR MADE A MOTION TO APPROVE STAFF'S FINDINGS,
CONCLUSIONS, AND RECOMMENDATIONS, FOR CASE NUMBER L04 -032.
MARGARET BRATCHER SECONDED THE MOTION. ALL VOTED IN FAVOR.
CASE NUMBER: L04 -068
APPLICANT: City of Tukwila Planning Staff
REQUEST: An ordinance modifying various portions o f t he Tukwila Municipal Code
(TMC) regarding certain types of signage. The Planning Commission will
consider amendments regarding scoreboards, signs within Public Facilities,
signs located at Public Facilities in Public Recreation Overlay Districts, and
Museums.
LOCATION: City Wide
Brandon Miles gave the presentation for staff. He provided background and aerial photographs
on Fort Dent Park, Foster Golf Course, and the Museum of Flight. He went over the definitions
for each of the following items in detail.
There was a discussion of definitions as outlined in the January 18, 2005 staff report, and the
following recommendations were made:
1. Scoreboards
- Add the definition - "stadium" and consider an inclusion of seating capacity.
- Change the definition — "Sport Stadium" to the following...means a fixed structure or
complex that either partially or completely encloses a sports field that is solely dedicated
to hosting sporting events. The structure or adjacent structures also provide fixed
seating, permanent restroom facilities, and permanent concession stands on site.
There was further discussion whether or not scoreboards currently existing would be
grandfathered and therefore exempt from new regulations.
2. Video Displays
Changes to the proposed new section of Title 19:
Criteria 5: Change language to read - "The entire scoreboard..."
Criteria 9, letter b: Change language to read - "A written narrative regarding compliance
with the requirements in TMC 19.32.080(D) and TMC 19.12.035."
Only Foster and Starfire are currently affected by the issues regarding video displays. After
further discussion it was decided, once the definitions are clarified, the Planning Commission
would be in consensus with staff's recommendations regarding modification to the City's current
sign ordinance (TMC 19.08.).
With regard to banners at the Starfire complex, the current sign code would not allow Starfire to
have temporary promotional signs within their complex. Staff noted that Starfire is not visible
Page 2 of 4
Planning Commission Minutes
January 27, 2005
BILL ARTHUR MADE A MOTION TO APPROVE STAFF'S FINDINGS,
CONCLUSIONS, AND RECOMMENDATIONS, FOR CASE NUMBER L04 -032.
MARGARET BRATCHER SECONDED THE MOTION. ALL VOTED IN FAVOR.
CASE NUMBER: L04 -068
APPLICANT: City of Tukwila Planning Staff
REQUEST: An o rdinance m odifying v arious p ortions o f t he T ukwila M unicipal Code
(TMC) regarding certain types of signage. The Planning Commission will
consider amendments regarding scoreboards, signs within Public Facilities,
signs located tat Public Facilities in Public Recreation Overlay Districts, and
Museums.
LOCATION: City Wide
Brandon Miles gave the presentation for staff. He provided background and aerial photographs
on Fort Dent Park, Foster Golf Course, and the Museum of Flight. He went over the definitions
for each of the following items in detail.
There was a discussion of definitions as outlined in the January 18, 2005 staff report, and the
following recommendations were made:
1. Scoreboards
- Add the definition - "stadium" and consider an inclusion of seating capacity.
- Change the definition — "Sport Stadium" to the following...means a fixed structure or
complex that either partially or completely encloses a sports field that is solely dedicated
to hosting sporting events. The structure or adjacent structures also provide fixed
seating, permanent restroom facilities, and permanent concession stands on site.
There was further discussion whether or not scoreboards currently existing would be
grandfathered and therefore exempt from new regulations.
2. Video Displays
Changes to the proposed new section of Title 19:
Criteria 5: Change language to read - "The entire scoreboard..."
Criteria 9, letter b: Change language to read - "A written narrative regarding compliance
with the requirements in TMC 19.32.080(D) and TMC 19.12.035."
Only Foster and Starfire are currently affected by the issues regarding video displays. After
further discussion it was decided, once the definitions are clarified, the Planning Commission
would be in consensus with staff's recommendations regarding modification to the City's current
sign ordinance (TMC 19.08.).
With regard to banners at the Starfire complex, the current sign code would not allow Starfire to
have temporary promotional signs within their complex. Staff noted that Starfire is not visible
Page 3 of 4
Planning Commission Minutes
January 27, 2005
from public rights of way and that the City does not require permits for signs placed within the
mall.
The proposed changes would not require permits inside the complex for banners that are not
legible from the public right of way or adjacent properties. The purpose of the banners inside the
complex is only for the people who use the complex, and it is not the City's intent to regulate
these banners.
3. The Planning Commission discussed allowing more signage for CUP and school uses within
residential areas. The proposed changes would also increase the square footage of signs
allowed for such uses. Discussion revolved around home occupations and signage for other
uses within residential zones.
General consensus existed on staff's recommendations.
4. Museum of Flight
Staff is recommending a definition of museum be included under TMC 19.08, and that all
signage at the Museum of Flight comply with the City's existing sign code regulations.
Commissioners discussed the timing for museum events and how long banners could be
displayed. The recommendation was that the Museum be allowed to install banners
announcing upcoming events, but that signage must be removed immediately upon the
completion of the event.
5. The Planning Commission discussed a minor change in sign code, taking out all references to
the Uniform Building Code and instead referencing, the State Building Code.
There were no further comments.
The Public Hearing was closed.
The Planning Commission Deliberated.
VERN MERYHEW MADE A MOTION TO FORWARD THE PROPOSED SIGN CODE
CHANGES WITH THE SUGGESTED MODIFICATIONS TO THE COW.
MARGARET BRATCHER SECONDED THE MOTION. MOTION UNANIMOUSLY
APPROVED.
CASE NUMBER: L05 -005
APPLICANT: City of Tukwila
REQUEST: Make a recommendation to the City Council for zoning code changes to
amend the Tukwila Urban Center zoning district to allow residential
mixed -use development in proximity to the Sounder Commuter Rail /
Amtrak Station.
LOCATION: Tukwila Urban Center District
Page 4 of 4
Planning Commission Minutes
January 27, 2005
Alice Strand gave the presentation for staff. The proposed amendment would allow
development of housing within a 1/4 mile distance from the Sounder Rail Station.
There were no further comments.
The Public Hearing was closed.
The Planning Commission Deliberated.
ALLAN EKBERG MADE A MOTION TO FORWARD STAFF'S RECOMMENDATION
TO THE COW. BILL ARTHUR SECONDED THE MOTION. ALL VOTED IN
FAVOR.
Director's Report
• Bill Arthur nominated Margaret Bratcher for Chair, 2005. Vern Meryhew seconded the
motion. All voted in favor.
• Bill Arthur nominated Allan Ekberg For Vice Chair, 2005. Henry Marvin seconded the
motion. All voted in favor.
• Margaret and Allan will assume their new roles at the February 2005 meeting.
• Nora Gierloff reported that the City Attorney's office has suggested that Commissioners not
attend the Decker Appeal Hearing. If members attend, they could be challenged if the
Council remands the project to the Planning Commission.
• The Planning Commission was advised that Council adopted the revised Comprehensive
Plan, which reflected the original buffer widths, rather than the reduced buffers
recommended by the Planning Commission sensitive areas.
Meeting adjourned at 8:20 p.m.
Submitted by Joyce Trantina
Page 4 of 4
Planning Commission Minutes
January 27, 2005
Alice Strand gave the presentation for staff. The proposed amendment would allow
development of housing within a' /4 mile distance from the Sounder Rail Station.
There were no further comments.
The Public Hearing was closed.
The Planning Commission Deliberated.
ALLAN EKBERG MADE A MOTION TO FORWARD STAFF'S RECOMMENDATION
TO THE COW. BILL ARTHUR SECONDED THE MOTION. ALL VOTED IN
FAVOR.
Director's Report
• Bill Arthur nominated Margaret Bratcher for Chair, 2005. Vern Meryhew seconded the
motion. All voted in favor.
• Bill Arthur nominated Allan Ekberg For Vice Chair, 2005. Henry Marvin seconded the
motion. All voted in favor.
• Margaret and Allan will assume their new roles at the February 2005 meeting.
• Nora Gierloff reported that the City Attorney's office has suggested that Commissioners not
attend the Decker Appeal Hearing. If members attend, they could be challenged if the
Council remands the project to the Planning Commission.
• The Planning Commission was advised that Council adopted the revised Comprehensive
Plan, which reflected the original buffer widths, rather than the reduced buffers
recommended by the Planning Commission sensitive areas.
Meeting adjourned at 8:20 p.m.
Submitted by Joyce Trantina
Department of Community Development Steve Lancaster, Director
Background
City of Tukwila
To Committee of the Whole
From: Steve Lancaster, DCD Director
Date: February 28, 2005
Subject: L05 -005: Zoning code change to amend the TUC zoning district to allow residential
mixed -use development near the Commuter Rail / Amtrak Station
Existing Zoning and Development Envisioned in the Tukwila Urban Center Plan
Steven M. Mullet, Mayor
In late 2004 DCD was approached with a proposal for a mixed -use residential project in the Transit=
Oriented Development (TOD) area of the Tukwila Urban Center. Tukwila Station, a 300 unit
condominium development with 5,000 square feet of retail, would be located on the property north of
Longacres Way and the Commuter Rail Station, between the UP and BNSF railroad tracks (See
Figures 1 and 2 in the attached Staff Report). This "pilot" project would constitute a significant first
step towards achieving our land use and transportation goals for the TOD area and the TUC Subarea
Plan.
The project's primary obstacle is that residential development of this property is not allowed under
TUC regulations. While the project is consistent with the proposed TUC subarea plan's vision of
residential uses within walking distance of the commuter rail station, the project is being proposed
prior to the plan's adoption.
This amendment is intended to add language to the TUC District section of the Tukwila Zoning Code
that would allow mixed -use TOD residential development within a' /4 mile distance from the Rail
station property. The amendment would also institute a new parking standard for this type of
residential Transit- oriented Development. This change is supported by current comprehensive plan
policies and is well within the scope of changes being proposed by the draft TUC Plan. The Tukwila
City Council was briefed on this issue in December and agreed to forward it to the Planning
Commission. On January 27, 2005, a public hearing was held before the Planning Commission. No
public comments were made and the Planning Commission unanimously voted to forward the
amendments to the City Council. This amendment was consider by the CAP Committee on February
15, 2005 and forwarded to the COW for consideration.
The Tukwila Comprehensive Plan designated this area as part of the Tukwila Urban Center District
(TUC). Urban density commercial development is allowed in this area, but residential cannot be a
component unless it is within 500 feet of a water amenity. Land uses within the TUC
District were adopted prior to the presence of the Commuter Rail/ Amtrak Station. The current City-
wide parking standard for multi - family development calls for two spaces for units with up to three
bedrooms plus one additional space for every two bedrooms thereafter (Figure 1 8.7, Tukwila Zoning
Code).
6300 Southcenter Boulevard. Suite #100 • Tukwila. Washington 98188 • Phone: 206 - 431 -3670 a Fax: 206 - 431 -3665
The proposed amendment, like the draft TUC Plan recognizes that the Commuter Rail/Amtrak
Station is a transportation amenity. Both the amendment and the draft TUC plan allow high -
density mixed -use development oriented toward the station. The main difference between the
amendment and the TUC Plan is that the amendment limits development of housing to a' /4 mile
distance from the rail station. Although ' /4 mile is considered to approximate a comfortable
walking distance to the station, mixed -use housing, as recommended in the draft TUC Plan, will
extend much further from the station. Existing development in the area within 1/4 mile of the rail
station is commercial and industrial in nature. Impacts to the surrounding properties would
generally be the same as those anticipated under the existing code. The project will require a
Conditional Use Permit and Design Review.
Transit — oriented development is, as the name implies, oriented to attract high users of transit.
For this reason, parking requirements are generally lower for TOD projects. This amendment, in
keeping with the draft TUC Plan proposes a TOD residential parking standard of one space for
each one bedroom unit and two spaces for each unit with two bedrooms or more. This standard
provides more parking than that required for similar developments in the nearby suburban
downtowns of Renton, Bellevue and Auburn.
In short, the proposed code changes are well within the scope of changes being proposed by the
draft TUC Plan. Comprehensive Plan policies support mixed -use residential housing in this area
because it adds to the overall economic vitality of the City; provides quality housing for the
community; and links transportation and land use in a way that encourages non -auto
transportation choices for residents.
Options:
1) Wait to adopt zoning changes until the Final TUC Plan is completed. Under this
scenario, the City loses the opportunity to "jump- start" the area around the station by
attracting a quality residential development now.
2) Adopt other transit - oriented development- related changes proposed in the draft TUC
plan. This was not considered because it seems rational that the City should view broad -
based changes to the district's standards in the context of the entire TUC Plan.
3) Adopt the discussed amendment, but within a shorter distance of the station. Although
this was initially considered. It was thought that limiting it to a smaller area would
unnecessarily compromise other TOD development opportunities that may arise before
the TUC Plan is adopted.
4) Amend the TUC zoning district to allow residential mixed -use development near the
Commuter Rail / Amtrak Station.
Staff Recommendation
Forward to the Planning Commission the proposed amendment, in conjunction with the proposed
public /private partnership agreement, to a regular Council Meeting for a public hearing and
consideration.
DATE:
TO
FROM:
SUBJECT:
City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188
February 22, 2005
Committee of the Whole.
Steve Lancaster, DCD Director
Kevin Fuhrer, Finance Director
Public/Private partnership relate • o Strander Extension and
Pacific Commercial Properties proposal for "Tukwila Station"
Steven M. Mullet, Mayor
The City has an opportunity to enter into a public /private partnership with a private developer.
This partnership would involve an exchange of real property with Pacific Commercial Properties
in order to facilitate:
1. the future extension of Strander Boulevard, and
2. a mixed -use transit - oriented development proposal with positive implications for
the TUC:
This amendment was considered by the CAP Committee on February 15, 2005. The conceptual
agreement was approved and forwarded to the COW for consideration.
BACKGROUND
Strander Extension. Renton has identified a preferred alternative for the future extension of
Strander Boulevard eastward from West Valley Highway. Tukwila has informally concurred.
The preferred alternative would require relocation of the Union Pacific Railroad (UPRR) right -
of -way from its current location to a location adjacent to and west of the existing Burlington
Northern right -of -way (see Figure 1). This alternative has cost advantages for the project, and
additional advantages for Tukwila relating to the future development potential of the area. A
potential risk of this alternative is that development could occur on the portion of the future
UPRR right -of -way currently owned by Stuart McLeod, thus making future right -of -way
acquisition more expensive and possibly threatening the viability of the Strander Extension
project.
Tukwila Station Proposal. Pacific Commercial Properties (PCP) has proposed a mixed -use
development on property currently owned by Stuart McCleod. The property is located north of
Longacres Way, between the Union Pacific and the Burlington Northern rights -of -way. The
project, tentatively named "Tukwila Station," would include approximately 250 to 300
residential units and about 5,000 square feet of commercial space.
The City of Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila
Station site.
Phone: 206- 433 -1800 • City Hall Fax: 206 - 433 =1833 • www.ci.tukwila.wa.us
PROPOSAL
Pacific Commercial Properties (PCP) has indicated a willingness to work with the City for the
purposes of this land exchange. The sequence of transactions is keyed to Figure 2 and would be
as follows:
Step 1 PCP transfers the easternmost 100 -foot strip of their property to the City, retaining a 30-
foot easement for interim parking purposes. This eastern 100 foot strip is needed for relocation
of the Union Pacific RR right -of -way to Tukwila and measures approximately 103,525 sq. ft.
Step 2 The City transfers a portion (approx. 36,590 sq. ft )of its property to the north to PCP,
which PCP will use as a portion of its Tukwila Station development.
Step 3 At the point in time where Strander is ready to be constructed and the Union Pacific
right -of -way is ready to be relocated, PCP would relinquish its easement and the City would
transfer 43 feet of the old UP right -of -way to PCP (approx 59,180 sq. ft.). PCP would relocate
its displaced parking from the easement on the east of its property, to this 43 -foot strip on the
west.
At the end of this process, PCP would have transferred 103,525 square feet of property to the
City; the City would have transferred 95,770 square feet to PCP. All this would be detailed in a
development agreement.
SEQUENCE
1. PCP transfers area shown to the City, retaining 30 -foot easement for parking purposes.
2. City transfers area shown to PCP.
3. When funding for the Strander project has been secured and the project is in the design
phase, the City transfers 100 -foot strip of property to Union Pacific RR in exchange for "old"
UP right of way, in conjunction with Strander extension. City transfers 43' wide area shown
to PCP.
FINANCIAL IMPLICATIONS
By way of background, the Hotel/Motel Tax Fund (101) purchased the land for $1,450,000 with
resources received via an interfund loan from the General and Arterial Street Funds. The
outstanding loan balance as of December 31, 2004, was $1,250,000. The 2005 Budget provides
for a $200,000 loan repayment. This would leave a balance owing to the General and Arterial
Street Funds of $1,050,000 as of December 31, 2005.
The Lodging Tax Committee may accept a transfer of land ownership to the General Fund in
exchange for the debt forgiveness. However, the Lodging Tax Committee may not approve this
transaction if the appraised value is determined to be below $1 million. Preparations are
presently underway to secure appraisal services. The land transfer proposal will be discussed
with the Lodging Tax Advisory Committee on March 3, 2005.
2
If the transfer is approved through the developer agreement, the planning model will initially be
reduced by the amount of the interfund loan balance remaining. The reduction will be mitigated
by the revenue opportunities that are addressed in the next section of this memorandum.
REVENUE OPPORTUNITIES
The Tukwila Station Project proposal stands to generate (4) revenue sources for the City —
property tax, sales tax, real estate excise tax (REET), and the building permits and fees. In
discussions with the developer, he has indicated a $65 million dollar valuation at buildout with
estimated construction costs of $30 million. Given the indicated values, the following revenues
could reasonably be expected from the proposed project:
Property Tax A $100,000 Construction
Property Tax B $100,000 Annual
Sales Tax $300,000 Construction Period
REET $250,000 Period of Initial Sales
Build Permit/Fees $350,000 Application Period
Again as addressed in the financial implications section of this memorandum, these revenues
would offset the reduction in the planning model for the amount of the interfund loan balance
payable at the time the land transfer is executed.
OTHER CONSIDERATIONS
If the City does not partner with Pacific Commercial Properties to facilitate this land transaction
work, it is likely we will be faced with a proposal to develop the McLeod site in a manner that
will preclude the current plans for extending Strander. At the very least, full development of the
McLeod property would significantly increase the future cost of the Strander extension project,
possibly affecting its viability.
RECOMMENDATION
Conceptually approve public /private partnership with Pacific Commercial Properties. Forward
this conceptual approval in conjunction with approval of multi - family TOD amendment to the
February 28 meeting of the Council of the Whole. Authorize Staff to prepare public /private
partnership agreement with Pacific Commercial Properties.
3
To:
From:
Date:
Subject:
Background
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster Director
Community Affairs and Parks Committee Members
Steve Lancaster, DCD Director IAA- -
February 15, 2005
L05 -005: Zoning code changes to amend the TUC zoning district to allow
residential mixed -use development near the Commuter Rail / Amtrak Station
In late 2004, DCD was approached with a proposal for a mixed -use residential project in the
Transit- Oriented Development (TOD) area of the Tukwila Urban Center. Tukwila Station, a 300
unit condominium development with 5,000 square feet of retail, would be located on the property
north of Longacres Way and the Commuter Rail Station, between the UP and BNSF railroad
tracks (See Figures 1 and 2 in the attached Staff Report). This "pilot" project would constitute a
significant first step towards achieving our land use and transportation goals for the TOD area
and the TUC Subarea Plan.
The project's primary obstacle is that residential development of this property is not allowed
under TUC regulations. While the project is consistent with the proposed TUC subarea plan's
vision of residential uses within walking distance of the commuter rail station, the project is
being proposed prior to the plan's adoption. The Tukwila City Council was briefed on this issue
in December and agreed to forward it to the Planning Commission. On January 27, 2005, a
public hearing was held before the Planning Commission. No public comments were made and
the Planning Commission unanimously voted to forward the amendments to the City Council.
The Proposed Change
The proposed amendment adds mixed -use TOD residential development as a conditional use for
the TUC, but limits its development to a % mile walking distance from the Sound Transit Rail
station property. It also changes the requisite parking for this conditional use.
Impact to Existing Zoning and to Development Envisioned in the Tukwila Urban Center Plan
The Tukwila Comprehensive Plan designated this area as part of the Tukwila Urban Center
District (TUC). Urban density commercial development is allowed in this area, but residential
cannot be a component because residential mixed use is only allowed within 500 feet of a water
amenity. Land uses within the TUC District were adopted prior to the presence of the Commuter
Rail / Amtrak Station. The current City -wide parking standard for multi- family development
calls for two spaces for units with up to three bedrooms plus one additional space for every two
bedrooms thereafter (Figure 18.7, Tukwila Zoning Code).
/1
6300 Southcenter Boulevard. Suite #100 0 Tukwiia, Washington 98188 0 Phone: 206 - 431 -3670 0 Fax: 206- 431 -3665
The draft TUC Plan recognizes that the Commuter Rail/Amtrak Station is a transportation
amenity. In consideration of this, the draft plan denotes the area to the east of the River, between
West Valley Highway and the station as calling for "high- density mixed -use development
oriented toward the station. " Transit — oriented development is, as the name implies, oriented to
attract high users of transit. For this reason, parking requirements are generally lower for TOD
projects. The TUC Plan proposes a TOD residential parking standard of one space for each one
bedroom unit and two spaces for each unit with two bedrooms or more.
The main difference between the proposed amendment and the TUC Plan's treatment of the area
is that the proposed code change limits development of housing to a 1/4 mile distance from the rail
station. Although 1/4 mile is considered to approximate a comfortable walking distance to the
station, mixed -use housing, as recommended in the draft TUC Plan, will extend much further
from the station. In short, the proposed code changes are well within the scope of changes being
proposed by the draft TUC Plan. The project will also require a Conditional Use Permit and
Design Review. Comprehensive Plan policies support mixed -use residential housing in this area
because it adds to the overall economic vitality of the City; provides quality housing for the
community; and links transportation and land use in a way that encourages non -auto
transportation choices for residents.
Impact to Surrounding Property
Existing development in the area within 1/4 mile of the rail station is commercial and industrial in
nature. Impacts to the surrounding properties would generally be the same as those anticipated
under the existing code.
Alternatives to the Proposal
Alternatives include:
1) Wait to adopt zoning changes until the Final TUC Plan is completed. Under this
scenario, the City loses the opportunity to "jump- start" the area around the station by
attracting a quality residential development now.
2) Adopt other transit - oriented development - related changes proposed in the draft TUC
plan. This was not considered because it seems rational that the City should view broad -
based changes to the district's standards in the context of the entire TUC Plan.
3) Adopt the discussed amendment, but within a shorter distance of the station. Although
this was initially considered. It was thought that limiting it to a smaller area would
unnecessarily compromise other TOD development opportunities that may arise before
the TUC Plan is adopted.
Summary
This amendment is intended to add language to the TUC District section of the Tukwila Zoning
Code that would allow mixed -use TOD residential development within a' /4 mile distance from
' TUC Subarea Plan, Admin Draft — Version 2, December, 2004, page 10, 2
the Rail station property. The amendment would also change institute a new parking standard fro
this type of residential Transit - oriented Development. This change is supported by current
comprehensive plan policies and is well within the scope of changes being proposed by the draft
TUC Plan.
Staff Recommendation
Forward the proposed amendment, in conjunction with the proposed public /private partnership
agreement , to the February 28` Council of the Whole meeting.
ATTACHMENTS: Staff Report to the Planning Commission, January 27, 2005
/3
3
DATE:
TO:
FROM:
SUBJECT:
Cizy of Tukwila
Department of Community Development
February 15, 2005
Community Affairs and P rks Committee.
Steve Lancaster
Public/Private partnership related to Strander Extension and
Pacific Commercial Properties proposal for "Tukwila Station"
Steven M. Mullet, Mayor
Steve Lancaster, Director
The City has an opportunity to enter into a public /private partnership with a private developer.
This partnership would involve an exchange of real property with Pacific Commercial Properties
in order to facilitate:
1. the future extension of Strander Boulevard, and
2. a mixed -use transit- oriented development proposal with positive implications for
the TUC
BACKGROUND
Strander Extension. Renton has identified a preferred alternative for the future extension of
Strander Boulevard eastward from West Valley Highway. Tukwila has informally concurred.
The preferred alternative would require relocation of the Union Pacific Railroad (UPRR) nght-
of -way from its current location to a location adjacent to and west of the existing Burlington
Northern right -of -way (see Figure 1). This alternative has cost advantages for the project, and
additional advantages for Tukwila relating to the future development potential of the area. A
potential risk of this alternative is that development could occur on the portion of the future
UPRR right -of -way currently owned by Stuart McLeod, thus making future right -of -way
acquisition more expensive and possibly threatening the viability of the Strander Extension
project.
Tukwila Station Proposal. Pacific Commercial Properties (PCP) has proposed a mixed -use
development on property currently owned by Stuart McCleod. The property is located north of
Longacres Way, between the Union Pacific and the Burlington Northern rights -of -way (see
Figure 2). The project, tentatively named "Tukwila Station," would include approximately 250
to 300 residential units and about 5,000 square feet of commercial space.
The City of Tukwila owns approximately L63 acres of land immediately north of the Tukwila
Station site.
PROPOSAL
Pacific Commercial Properties has indicated a willingness to work with the City for the purposes
of this land exchange. PCP would agree to transfer its portion of the 100 -foot strip needed for
relocation of the Union Pacific RR right -of -way to Tukwila (approx. 103,525 sq. ft. - see Figure
3) in exchange for a portion of the City's property (approx. 36,590 sq. ft. — see Figure 4). As
()a.
6300 Southcenter Boulevard. Suite #100 • Tukwila. Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
a g
part of the arrangement, PCP would want to retain an easement for parking purposes on a portion
of the 100 -foot strip being transferred to the City. At the point in time where Strander is built
and the Union Pacific right -of -way is relocated, PCP would relinquish its easement and the City
would transfer 43 feet of the old UP right -of -way to PCP (approx 59,180 sq. ft. - see Figure 5).
PCP would relocate its displaced parking from the easement on the east of its property, to this
43 -foot strip on the west. At the end of this process, PCP would have transferred 103,525 square
feet of property to the City; the City would have transferred 95,770 square feet to PCP.
SEQUENCE
1. PCP transfers area shown on Figure 3 to the City, retaining 30 -foot easement for parking
purposes. City transfers area shown on Figure 4 to PCP.
2. City transfers 100 -foot strip of property to Union Pacific RR in exchange for "old" UP right
of way, in conjunction with Strander extension.
3. City transfers area shown on Figure 5 to PCP.
FINANCIAL IMPLICATIONS
Except for the fact that the City -owned property was purchased with Hotel/Motel Tax receipts,
this would be a fairly simple transaction.
The Hotel/Motel Tax Fund (101) paid for the land. The purchase price was $1,450,000. The debt
has been reduced by $200,000 as of December 31, 2004, with an additional $200,000 reduction
planned for 2005. This would leave a balance owing to the General and Arterial Street Funds of
$1,050,000.
The Lodging Tax Committee would accept a transfer to the General Fund of the land in
exchange for the debt forgiveness. However, the Lodging Tax Committee may not approve this
transaction if the value is below $1 million. The current value of the city's property would first
need to be determined through appraisal. Once the current value is determined, the General Fund
would then reimburse the Hotel/Motel fund in that amount. The Lodging Tax Committee would
probably be willing to defer the settlement of accounts to a later date when the final option is
determined.
If it is assumed that the City will eventually commit an equivalent amount to the Strander
project, this money will be "recovered" at that point. If it is assumed the city will not contribute
meaningful support to the Strander project, this may not be a good investment.
REVENUE OPPORTUNITIES
The Tukwila Station Project proposal stands to generate (4) revenue sources for the City —
property tax, sales tax, real estate excise tax (REET), and the building permits and fees. In
discussions with the developer, he has indicated a $65 million dollar valuation at buildout with
estimated construction costs of $30 million. Given the indicated values, the following revenues
2
could reasonably be expected from the proposed project:
Property Tax A $100,000 Construction
Property Tax B $100,000 Annual
Sales Tax $300,000 Construction Period
REET $250,000 Period of Initial Sales
Build Permit/Fees $350,000 Application Period
OTHER CONSIDERATIONS
If the City does not partner with Pacific Commercial Properties to facilitate this land transaction
work, it is likely we will be faced with a proposal to develop the McLeod site in a manner that
will preclude the current plans for extending Strander. At the very least, full development of the
McLeod property would significantly increase the future cost of the Strander extension project,
possibly affecting its viability.
RECOMMENDATION
Conceptually approve public /private partnership with Pacific Commercial Properties. Forward
this conceptual approval in conjunction with approval of multi - family TOD amendment to the
February 28 meeting of the Council of the Whole. Authorize Staff to prepare public /private
partnership agreement with Pacific Commercial Properties.
3
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32
PROPOSED PROPERTY EXHIBIT
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Figure 3
PROPOSED PROPERTY EXHIBIT
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33
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N. IN HENRY A. MEADER D.C.
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Figure 5
DRAFT
PLANNING COMMISSION
PUBLIC HEARING MINUTES
JANUARY 27, 2005
The Public Hearing was called to order by Chair Malina at 7:00 p.m.
Present: Chair, George Malina, Vice Chair, Margaret Bratcher, Commissioners, Bill Arthur, Allan Ekberg,
Henry Marvin, Vern Meryhew, and Lynn Peterson
Representing
City Staff:
Nora Gierloff, Brandon Miles, Minnie Dhaliwahl, and Joyce Trantina
VERY MERYHEW MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM
DECEMBER 9, 2004. ALLAN EKBERG SECONDED; THE MOTION WAS UNANIMOUSLY
APPROVED.
Chair Malina swore in those wishing to give public testimony.
CASE NUMBER: L04 -032 Tukwila Urban Center (TUC)
Parking Lot Modification
REQUEST: Review and approval of parking lot modification
ITEM NO.
4.d.
Minnie Dhaliwahl gave the presentation for Staff. She presented drawings which showed the proposed additional
parking spaces. A discussion followed regarding landscaping issues and what impacts the additional parking spaces
would have on existing or proposed landscaping. She indicated that some landscaping would have to be removed,
and there were no proposals to replace what is being removed. However, the minimum landscaping requirements of
the project will still be met, even if the landscaping in this specific area is removed.
Brian Decker gave the presentation for the applicant. He indicated that one tenant in this area will be a restaurant.
Other tenants include a jeweler, bridal shop, and florist. He indicated that a bike area has been added to the west
side of the buiding, which still meets Fire Depaitinent safetly regulations.
There were no further comments.
The Public Hearing was closed.
Bill Arthur indicated that the modifications appeared to be mint in scope and were approved by the BAR
unanimously.
BILL ARTHUR MADE A MOTION TO APPROVE CASE NO. L04 -032 INCLUDING THE
RECOMMENDATIONS BY STAFF.
MARGARET BRATCHER SECONDED THE MOTION. ALL VOTED IN FAVOR.
CASE NUMBER: L04 -068
REQUEST: Modify City's existing sign code ordinance
Brandon Miles gave the presentation for staff. He provided background and aerial photographs of Fort Dent Park,
Foster Golf Course, and the Museum of Flight. He then went through each of four items in detail:
-
There was a discussion of definitions as outlined in staff's January 18, 2005 staff report, and the following
suggestions were made:
Item 1. Scoreboards
Review the definition of "stadium" and consider an inclusion of seating capacity.
Change the definition of Sport Stadium to the following...means a fixed structure or complex that either partially or
competely encloses a sports field that is solely dedicated to hosting sporting events. The structure or adjacent
structures also provide fixed seating, permanent restroom facilities, and permanent concession stands on site.
There was further discussion whether or not scoreboards currently existing would be grandfathered and therefore
exempt from new regulations.
2. Video Displays
The following changes need to be made to the proposed new section to Title 19:
5. The entire the scoreboard..." (remove the redundant word "the ")
9. b) A written narrative regarding compliance with the requirements in TMC 19.32.080(D) and
TMC 19.12.035.
Only Foster and Starfire are currently affected by the issues regarding video displays. After further discussion,
there was concensus that once the definitions were clarified, there was concensus on staff recommendations
regarding modification to the City's current sign ordinance (TMC 19.08.)
3.
With regard to banners at the Starfire complex, the current sign code would not require permits inside the complex
for banners that are notlegibible from the public right of way or adjacent properties. The purpose of the banners
inside the complex is only for the people who use the complex, and it is not the City's intent to regulate these
banners.
Museum of Flight
Staff is recommending a definition of museum be included under TMC 19.08, and that all singage at the Museum of
Flight comply with the City's existing sign code regulations. Commissioners discussed the timing for museum
events and how long banners could be displayed. The recommendation was that the Museum be allowed to install
banners announcing upcoming events, but that signage must be removed immediately upon the completion of the
event.
Public Hearing Closed.
VERY MERYHEW MADE A MOTION TO FORWARD THE PROPOSED SIGN CODE CHANGES WITH
THE SUGGESTED MODIFICATIONS TO THE COW.
MARGARET BRATCHER SECONDED THE MOTION. MOTION UNANIMOUSLY APPROVED.
CASE NUMER: L05 -005
APPLICANT: CITY OF TUKWILA
REQUEST: ZONONG CODE CHANGES TO ALLOW MISED USE DEVELOPMENT IN TUKWILA
URBAN CENTER
Alice Strand gave the presentation for staff. The proposed amendment would limit development of housing to a V4
mile distance from the rail station.
Public Hearing Closed.
ALAN EKBERG MADE A MOTION TO FORWARD STAFF'S RECOMMENDATION TO THE COW.
BILL ARTHUR SECONDED THE MOTION. ALL VOTED IN FAVOR.
Director's Report
BILL ARTHUR NOMINATED MARGARET BRATCHER FOR CHAIR, 2005.
VERN MERYHEW SECONDED THE MOTION. ALL VOTED IN FAVOR.
BILL ARTHUR NOMINATED ALLAN EKBERG FOR VICE CHAIR, 2005.
HENRY MARVIN SECONDED THE MOTION. ALL VOTED IN FAVOR.
Margaret and Allan will assume their new roles at the Febniary, 2005 meeting.
Nora Gierloff reported that the City Attorney's office has suggested that Commissioners not attend the Decker
Appeal Hearing. If members attend, they should excuse themselves during this portion of the hearing.
Commissioners were advised that Council adopted the revised Comprehensive Plan which reflected the changes on
the buffer's for sensitive areas.
Meeting adjourned at 8:20 p.m.
Newspaper
Publication Date
The Seattle Times
01/21/05
The Seattle Post - Intelligencer
01/21/05
2952126 / 2
State of Washington,
Counties of King and Snohomish,
Affidavit of Publication
Daniel S. O'Neal being duly sworn, says that he /she is the Authorized Agent of Seattle Times
Company, publisher of The Seattle Times and representing the Seattle Post - Intelligencer,
separate newspapers published daily in King and Snohomish Counties, State of Washington:
that they are newspapers of general circulation in said Counties and State; that they have been
approved as legal newspapers by orders of the Superior Court of King and Snohomish
Counties; that the annexed, being a classified advertisement, was published in:
And not in a supplement thereof, and is a true copy of the notice as it was printed and/or
distributed in the regular and entire issue of said paper or papers during all of said period, and
that said newspaper or newspapers were regularly distributed to its subscribers during all of
said period.
Subscribed and sworn to before me this 26 day of January, 2005
Notary Public in and for the State of Washington residing at Seattle
REC „0
JAN 7 2005
COMMUNITY
DEVELOPMENT
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Dept. Of Community Development
City of Tukwila
AFFIDAVIT OF DISTRIBUTION
1, ws eti HEREBY DECLARE THAT:
V�
Notice of Public Hearing
Project Number:
Mailer's Signature: D - g to
Determination of Non - Significance
Notice of Public Meeting
Mitigated Determination of Non -
Significance
Board of Adjustment Agenda Pkt
Determination of Significance & Scoping
Notice
Board of Appeals Agenda Pkt
Notice of Action
Planning Commission Agenda Pkt
Official Notice
Short Subdivision Agenda
Notice of Application
Shoreline Mgmt Permit
Notice of Application for Shoreline Mgmt
Permit
_
_
FAX To Seattle Times
Classifieds
Mail: Gail Muller Classifieds
PO Box 70 - Seattle WA 98111
Other
NL =i
14z41
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;.: /4.Ary0��'C
Was mailed to each of the addresses listed on this
year 20 f
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
d a y of re4 i n 'the
Project Name: ;� I 0 ,IAA
Project Number:
Mailer's Signature: D - g to
Person requesting mailing: AQce E'/ti
Was mailed to each of the addresses listed on this
year 20 f
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
d a y of re4 i n 'the
NOTICE OF ENVIRONMENTAL IMPACT STATEMENT ADDENDUM
ISSUANCE AND AVAILABILITY
On August 25, 2004, the City of Tukwila issued an addendum to the Tukwila
Comprehensive Plan EIS, pursuant to the State Environmental Policy Rules (Chapter
197 -11 WAC) and the Tukwila Municipal Code Title 21. The EIS was previously issued
on October 9, 1995 (File #L92- 0053).
The Addendum focuses on proposed changes to the Zoning Code to address Transit -
oriented development in the Tukwila Urban Center. The proposed amendment does two
things:
■ Adds mixed -use Transit - oriented development housing as a conditional use for
the TUC, but limits development of TOD housing to a 1 /4 mile distance from the
Sounder Commuter Rail Station property.
• Adds a parking standard specifically for residential Transit- Oriented
Development. This TOD residential parking standard is one space for each one
bedroom unit and two spaces for each unit with two bedrooms or more.
CITY OF TUKWILA
COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT STATEMENT ADDENDUM
TRANSIT - ORIENTED DEVELOPMENT TECHNICAL REVISIONS
PROJECT TITLE:
City of Tukwila Comprehensive Plan Environmental Impact Statement: Addendum addressing
Transit - Oriented Development in proximity to the Sounder Commuter Rail/Amtrak Station.
PROPOSED ACTION:
The City of Tukwila is proposing amendments to the Development Code to address potential
Transit- oriented development in proximity to the Sounder Commuter Rail/Amtrak Station. The
amendments will be adopted prior to June 1, 2005. This is a non - project (programmatic) EIS
Addendum.
PROPONENT AND LEAD AGENCY:
City of Tukwila Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
SEPA RESPONSIBLE OFFICIAL:
Steve Lancaster, Director
Tukwila Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: 206 - 431 -3683
CONTACT PERSON:
Alice Strand
Telephone: 206-431-3655
E -mail: astrand @ci.tukwila.wa.us
LOCATION OF DOCUMENTS:
City of Tukwila Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA
Office Hours: 8:30 a.m. to 5 p.m.
SEPA COMPLIANCE:
The Draft EIS (DEIS) for the Comprehensive Land Use Plan was issued on June 27, 1995. It was
circulated to adjacent jurisdictions, affected agencies and other parties of interest. Comments
were due August 11, 1995 (extended from July 27, 1995). After comments were reviewed, the
Final EIS (FEIS) was issued on October 9, 1995. An addendum to the FEIS addressing Zoning
Code amendments was issued on November 15, 1995. Both the Comprehensive Land Use Plan
and Zoning Code were adopted on December 4, 1995.
ENVIRONMENTAL REVIEW —SCOPE OF EIS ADDENDUM:
The EIS analyzed environmental impacts of the Comprehensive Plan, in order to assess the
impacts of the Plan on the Tukwila and its growth area. The EIS does not analyze the
significance of site specific impacts; rather, it focuses on area -wide impacts for this non -
project/programmatic document.
- 1 -
The City of Tukwila is using phased environmental review in preparing an Addendum to the EIS
as it prepares to amend the Comprehensive Plan to address changes to the Growth Management
Act . The State Environmental Policy Act (SEPA) and rules established for the act, WAC 197-
11, outline procedures for the use of existing environmental documents and preparing addenda to
environmental decisions.
ENVIRONMENTAL ELEMENTS
All environmental elements were adequately addressed by the Draft and Final Environmental
Impact Statement for the City of Tukwila Comprehensive Plan. Further, subsequent "project"
actions will require the submittal of separate environmental review. These will be analyzed for
consistency with the original mitigating conditions and could require new mitigation based on
specific conditions.
SUMMARY OF AMENDMENTS
The proposed amendment discussed in this addendum is a change of the type of use allowed in a
specific area. There is no overt change in the density of any given use, on this or any other
property. The proposed amendment does two things:
• Adds mixed -use Transit- oriented development housing as a conditional use for the TUC,
but limits development of TOD housing to a 1/4 mile distance from the Sounder
Commuter Rail Station property.
• Adds a parking standard specifically for residential Transit- Oriented Development. This
TOD residential parking standard is one space for each one bedroom unit and two spaces
for each unit with two bedrooms or more.
RECOMMENDATION
The City of Tukwila Draft and Final EIS provided extensive analysis of the environmental
impacts associated with implementing the Comprehensive Plan. The nature of the proposed
changes is such that none results in significant impacts and all remain within the range of
alternatives examined in the DEIS and FEIS.
The City of Tukwila has reviewed the proposed amendment and has found that they are
consistent with the scope of the EIS. Therefore, this action will not create additional or
significant impacts beyond those previous identified and does not warrant separate
environmental review as outlined in the State Environmental Policy Act (SEPA), WAC 197 -11.
Signature:
Dated:
Steve Lancaster, Responsible Official
J /, of
Nancy Winters
Department of Corrections
Post Office Box 41112
Olympia, Washington 98504-1112
(360) 753 -6547 Fax: (360) 586 -8723
Email: nlwinters @docl.wa.gov
Lorinda Anderson
Interagency Committee on Outdoor Recreation
Post Office Box 40917
Olympia, Washington 98504 -0917
(360) 902 -3009 Fax: (360) 902 -3026
Email: lorindaa @iac.wa.gov
Bill Koss
Parks and Recreation Commission
Post Office Box 42650
Olympia, Washington 98504 -2650
(360) 902-8629 Fax: (360) 753 -1594
Email: billk @parks.wa.gov
Elizabeth McNagny
Department of Social and Health Services
Post Office Box 45848
Olympia, Washington 98504 -5848
(360) 902 -8164 Fax: (360) 902 -7889
Email: mcnagec @dshs.wa.gov
Bill Wiebe
Department of Transportation
Post Office Box 47300
Olympia, Washington 98504 -7370
(360) 705 -7965 Fax: (360) 705 -6813
Email: wiebeb @wsdot.wa.gov
John Aden
Department of Health
Division of Drinking Water
Post Office Box 47822
Olympia, Washington 98504 -7822
(360) 236 -3157 Fax: (360) 236 -2253
AGENCIES REVIEWING COMP PLANS
Revised October 24, 2003
Cities and counties need to send their draft comprehensive plans to the agencies'
representatives, as listed below, at (east 60 days ahead of adoption. Adopted plans should
be sent to the Washington State Department of Community, Trade and Economic
Development (CTED) immediately upon publication, as well as to any state agencies that
commented on the draft plan. A jurisdiction does not need to send its plan to the agencies
which have been called ahead and that have indicated the local plan will not be reviewed.
S: \Gmu \Lists for GMU \State Agencies Reviewing Comp. Plans.doc
Maintained by Linda Weyl
SEPA /GMA Coordinator
Department of Ecology
Post Office Box 47600
Olympia, Washington 98504 -7600
(360) 407 -6960 Fax: (360) 407 -6904
Email: gmacoordination @ecy.wa.gov
Steve Penland
Department of Fish and Wildlife
Post Office Box 43155
Olympia, Washington 98504 -3155
(360) 902 -2598 Fax: (360) 902 -2946
Email: penlastp @dfw.wa.gov
Anne Shara•
Department of Natural Resources
Post Office Box 47001
Olympia, Washington 98504 -7001
(360) 902 -1739 Fax: (360) 902 -1776
Email: anne.sharar @wadnr.gov
Harriet Beale
Puget Sound Water Quality Action Team
Post Office Box 40900
Olympia, Washington 98504 -0900
(360) 407 -7307 Fax: (360) 407 -7333
Email: hbeale @psat.wa.gov
Review Team
Department of Community, Trade and Economic
Development
Growth Management Services
Post Office Box 42525
Olympia, Washington 98504 -2525
(360) 725 -3000 Fax: (360) 753 -2950
Email: reviewteam @cted.wa.gov
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23828 30 AVE S
KENT, WA 98032 -3867
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710 2 AVE 10 FLR
SEATTLE, WA 98104 -1714
BP OLYMPIC PIPELINE
2319 LIND AVENUE SW
RENTON WA 98055
VAL -VUE SEWER DISTRICT
P 0 BOX 69550
SEATTLE, WA 98168
WATER DISTRICT #20
12606 1 AVE S
SEATTLE, WA 98168
CITY OF RENTON
PUBLIC WORKS
1055 S. GRADY WAY
RENTON, WA 98055
MUCKLESHOOT INDIAN TRIBE
39015 172nd AVE SE
AUBURN, WA 98092
SEATTLE TIMES
P O BOX 70
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WATER DIST # 125
P O BOX 68147
SEATTLE, WA 98168
CITY OF SEATAC
4800 SO. 188TH ST.
SEATAC, WA 98188 -8605
KENT PLANNING DEPT
220 FOURTH AVE S
KENT, WA 98032
CITY OF BURIEN
415 SW 150TH
BURIEN WA 98166
P. S. REGIONAL COUNCIL
1011 WESTERN AVE #500
SEATTLE, WA 98104
DEPARTMENT OF INTERIOR
FISH & WILDLIFE SERVICE
911 NE 11 AVE
PORTLAND, OR 97232 -4181
CHAMBER OF COMMERCE
16400 SOUTHCENTER PKWY #210
TUKWILA, WA 98188
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PLANNING DEPT
1055 S. GRADY WAY
RENTON, WA 98055
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14235 AMBAUM BLVD SW FRONT A
BURIEN, WA 98166
PUGET SOUND ENERGY
P 0 BOX 90868
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POB
S '•' E, WA 98133 -9710
( OFFICE OF THE GOVERNOR
LEGISLATIVE BUILDING
P O BOX 40002
OLYMPIA, WA 98504 -0002
SUS DEPT OF H.U.D.
909 I sl. AVE #200
SEATTLE, WA 98104 -1000
KC PARKS & RECRECTION
201 S. JACKSON, SUITE 700
SEATTLE WA 98104
PORT OF SEATTLE
P 0 BOX 1209
SEATTLE, WA 98111
TUKWILA LIBRARY
14475 59 AVE S
TUKWILA, WA 98168
WASH DEPT SOCIAL /HEALTH
PO BOX 1788
OLYMPIA WA 98504
K C BOUNDARY REVIEW BD
810 3RD AVE #608
SEATTLE WA 98104
( K C DEV. & ENVIRO. SERVICES
SEPA INFO. CENTER
900 OAKSDALE AVE SW
RENTON, WA 98055 -1219
SEATTLE PUBLIC SCHOOLS
815 4th N
SEATTLE WA 98109
WA AVERY® Address Labels
1 OFFICE OF ARCHAEOLOGY
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DEPT OF NA
PO BOX
OL h.. s`' A, WA 98504 -7015
URCES
WA STATE ATTORNEY GENERAL
ECOLOGY DEPARTMENT
P O BOX 40117
LACEY, WA 98504 -0117
FEDERAL HIGHWAY ADMIN.
711 S CAPITOL WAY SUITE 501
OLYMPIA, WA 98501
FIRE DISTRICT #11
1243 SW 112
SEATTLE, WA 98146
GARY KRIEDT
KC METRO TRANSIT
ENVIROMENTAL PLANNING
201 S JACKSON ST, MS KSC -TR -0431
SEATTLE, WA 98104 -3856
RENT LIBR.ARY
212 2nd AV N
RENT WA 98032
RENTON LIBRARY
100 MILL AVE S
RENTON, WA 98055
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SEATTLE LIBRARY
1000 4th AV
SEATTLE! WA 98104 -1193
. WA STATE COMMUNITY DEV.
P 0 BOX 48300
'OLYMPIA, WA 9 8504 -8300
WA FISHERIES
16018 MI `' " : LVD
MI -' ` K, WA 98012
US CORP OF ENGINEERS
4735 East Marginal Way South
Seattle, WA 98124 -2255
US E.P.A
1200 6 AVE
SEATTLE, WA 98101
FIRE DISTRICT #2
15100 8TH AVE SW
BURIEN WA 98166
FOSTER LIBRARY
4060 S 144 ST
TUKWILA, WA 98168
KING COUNTY LIBRARY SYSTEM
960 Newport Way NW
Issaquah, WA 98027
206 - 684 -6604
HIGHLINE SCHOOL DISTRICT
15675 AMBAUM BLVD SW
BURIEN, WA 98166
SEATTLE CITY LIGHT
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SEATTLE, WA 98104 -503
Ms. Sandra Lange
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NW Regional Office
3190 160th Ave. SE
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Laser 5160®
Nancy Winters x
Department of Corrections
PO Box 41112
Olympia, WA 98504 -1112
Elizabeth McNagny
Department of Social and Health Services
PO Box 45848
Olympia, WA 98504 -5845
SEPA/GMA Coordinator
Department of Ecology
PO Box 47600
Olympia, WA 98504 -7600
Harriet Beale
Puget Sound Water Quality Action Team
PO Box 40900
Olympia, WA 98504 -0900
M.R.S.C.
2604 4th Ave, Suite 800
Seattle, WA 98121 -1280
Lorinda Anderson
Interagency Committee On Outdoor
Recreation
PO Box 40917
Olympia, WA 98504 -0917
Bill Wiebe
Department of Transportation
PO Box 47300
Olympia, WA 98504 -7370
Steve Penland
Department of Fish and Wildlife
PO Box 43155
Olympia, WA 98504 -3155
Review Team
Department of Community, Trade and
Economic Development
Growth Management
PO Box 42525
Olympia, WA 98504 -2525
Paul Reitenback
King County Department of Development
and Environmental Services
900 Oaksdale Ave SW
Renton, WA 98055 -1219
Bill Koss
Parks and Recreation Commission
PO Box 42650
Olympia, WA 98504 -2650
John Aden
Department of Health
Division of Drinking Water
PO Box 47822
Olympia, WA 98504 -7370
Anne Sharar
Department of Natural Resources
PO Box 47001
Olympia, WA 98504 -7001
Tukwila School District
6440 S 144th
Tukwila, WA 98168
Use Aver w TEMPLATE 5150w
Nancy Winters
Department of Corrections
PO Box 41112
Olympia, WA 98504 -1112
Lorinda Anderson
Interagency Committee on Outdoor Rec.
PO Box 40917
Olympia, WA 98504 -0917
Bill Koss
Parks and Recreation Commission
PO Box 42650
Olympia, WA 98504 -2650
Elizabeth McNagny
DSHS
PO Box 45848
Olympia, WA 98504 -5848
Bill Wiebe
Department of Transportation
PO Box 47300
Olympia, WA 98504 -7370
John Aden
Dept. of Health, Div. of Drinking Water
PO Box 47822
Olympia, WA 98504 -7822
SEPA/GMA Coordinator
DOE
PO Box 47600
Olympia, WA 98504 -7600
SEPA/GMA Coordinator
DOE
PO Box 47600
Olympia, WA 98504 -7600
Steve Penland
Department of Fish and Wildlife
PO Box 43155
Olympia, WA 98504 -3155
Anne Sharar
Department of Natural Resources
PO Box 47001
Olympia, WA 98504 -7001
®09LS ®AU3AV l®
1- 800 -GO -AVERY
Harriet Beale
Puget Sound Water Quality Action Team
PO Box 40900
Olympia, WA 98504 -0900
A213AV
wonruene•AMMM
Review Team
Department of Community, Trade & Eco.
Development, Growth Mgmt. Services
PO Box 42525
Olympia, WA 98504 -2525
®091S 31V1d1A131 ®itleAV asn
6wguud eaij wer
. .s
Ramona Nelson
4016 S. 115th St.
Tukwila, WA 98168
Pat Malara
916 Woodmont Dr. So.
Des Moines, WA 98198
Diane Buck
13048 57th Ave. So.
Tukwila, WA 98178
Kelle Sue Symonds
12250 42nd Ave. So.
Tukwila, WA 98168
Florence Galicic
3263 So. 137th St.
Tukwila, WA 98168
Nellie Blanchette
3212 So. 136th St.
Tukwila, WA 98168
Phil Yarnell
13708 37th Ave. So.
Tukwila, WA 98168
Gary Molyneaux, Program Ping. Mgr.
Department of Transportation
PO Box 80245
Seattle, WA 98108 -0245
Georgina Kerr
3834 So. 116th St.
Tukwila, WA 98168
Becky Hettman
14223 55th Ave. So.
Tukwila, WA 98168
- Lois Jackson
5023 S 124th St.
Tukwila, WA 98178
Andy Jones
13039 56th Ave. So.
Tukwila, WA 98178
Suzanne Seipert
5630 So. 133rd St.
Tukwila, WA 98178
Susan Druller
3227 So. 137th St.
Tukwila, WA 98168
Ron Young
3213 So. 136th St.
Tukwila, WA 98168
Jessica Phipps
13838 37th Ave. So.
Tukwila, WA 98168
Wilmer Gendreau
3702 So. 138th St.
Tukwila, WA 98168
Thomas F. Haensly
Attorney at Law
144 Railroad Ave., Suite 217
Edmonds, WA 98020
Jerry Halbert
14726 Macadam Rd. So.
Tukwila, WA 98168
Peter Noonan
13546 52nd Ave. So.
Tukwila, WA 98168
Mike Davis
1201 Monster Rd. SW, #320
Renton, WA 98055
Eric Reinhardt
13302 56th Ave. So.
Tukwila, WA 98178
Todd Heistliman
13302 56th Ave. So.
Tukwila, WA 98178
Joe Tice
3269 So. 137th St.
Tukwila, WA 98168
Robert Blanchette
3214 So. 136th St.
Tukwila, WA 98168
Mini - Dozer Work
Wayne R. Richardson, Owner
PO Box 58603
Renton, WA 98058 -1603
John Higgins
13543 35th Ave. So.
Tukwila, WA 98168
Sidney Raines
15310 Sunwood Blvd., #202
Tukwila, WA 98188
Michelle Roedel
PO Box 13647
Tukwila, WA 98198
Monte and Jessie Richardson
4632 So. 148th St.
Tukwila, WA 98168
Interoffice Memo
Date: January 3, 2005
To: Steve Lancaster
From: Alice Strand
RE: Strander Blvd Extension Project — summary of benefits to Tukwila as
stated in EIS copy obtained from Lynn Miranda
Source: Strander Blvd Extension Project Draft EIS
May, 2004 / Sept, 2004
General pertinent info
• Boeing has donated 4.04 acres pf ROW for project (Project Narrative, page 4 -10)
• Total construction cost is $55 million (Project Narrative, pp 4 -12)
• Freight traffic on WVH north of Strander is projected to redistribute to take
advantage of the new east -west connection. Freight traffic would decrease by
25% along Grady Way in Renton and increase by 9% along WVH North of
Strander in Tukwila. In the south, freight traffic would decrease by 18% along
SW 43 Street in Renton and increase by 6% along WVH south of Strander in
Tukwila. ( Page 24 -26, Transportation Discipline Report, May, 2004) (See
attachment A)
• Interurban trail would be modified. It would have an at -grade crossing at either
WVH or the Sounder station access road. At the existing trail, users would be
directed onto Strander until the crossing occurs
• The Draft Land Use Discipline Report says there are no residential land uses in
the affected area. If Kester's project gets into the Pipeline before the final EIS is
done., Impacts to it should be considered.
• The Draft land Use Discipline Report lists negative land use impacts including:
o No Action Alt: Increased traffic on existing roads and longer delays for
residents, visitors, shoppers and freight trucks (, Page 25, Section 5.1)
o Alt 1 (relocation of track/5 lane ROW):
• Conversion of some existing land use to transportation use (ROW)
• Usual construction impacts to roadways and local businesses
• 4.42 acres of Tukwila land would be needed for ROW ( page 27)
Benefits of the project to Tukwila
Draft Transportation Discipline Report, May 2004:
Sections:
1.5.1 Decrease travel time for freight shippers, transit, and automobiles between SR
167 and WVH,
1.5.2 Decrease congestion on 180` and West Valley highway north and south of
strander that would normally go other routes : IE Grady way or 180` Including
people destined for the Sounder Commuter rail station from Renton
1.5.3 Better bus access to /from Sounder Station
1.5.4 none
1.5.5 More opportunity for TOD on both sides of tracks..these can act as magnet for
mutual benefit of entire TOD area
Reinforces opportunities for redevelopment and growth in surrounding areas
generally.
1.5.6 Improved cross - valley freight access and less congestion would likely draw new
businesses to the area.
• 2015 projected traffic entering into Strander /WVH intersection from the East
(Renton) = 869 at PM Peak but need further analysis to know ratio of new
traffic vs that diverted from previous routes
• 2030 projected traffic entering into Strander /WVH intersection from the East
(Renton) = only 55 at PM Peak ” 9999 but shown on adjustment (Fig. D.D)
as 1935) is this in addition to 55 from table 194 Guessing total is 1990.
• No baseline 2004 or 2015 stats for Strander /WVH intersection in any
direction in study so no comparison possible (we can probably get this from
Mirai)
• no project traffic stats for WVY @ 18 for 2015 model. Would be nice to
compare traffic levels.
Draft Socioeconomic Discipline Report, May 2004
Page 16 Section 5.0 Impacts common to all alternatives include the acceleration
of development in the proposed project area as a result of increased access. Report says
that vacant and developable land in Renton would see an increase in development activity
and therefore revenue....presume this is true in Tukwila also.
Page 17 Section 5.2.1 Under Relocation of RR tracks and a 5 lane ROW. Taco
Bell and Jack in the Box may need to be removed or relocated to accommodate an
embankment. Page 17 Section 5.2.1)
Draft Land Use Discipline Report, May 2004
Page 24 Project supports listed City of Tukwila Comp Plan policies, see
Attachment B
Page 26 ( see page 27...Direct impacts are the same for both Renton and Tukwila)
Support regional growth forecasts and development of facilites to meet needs of citizens
Help create a more balanced multi -modal system
Assist in development of a stable economic bases by providing access to and from the
Employment area - valley
Page 27
Investment in infrastructure would actively facilitate and encourage growth in the TUC.
Continue efforts tot create a street network that reflects demand and need for motor
vehicles, transit, pedestrians, and bicyclists.
Increase and improve access to and from TUC for all transportation modes. Supports the
development of a continuous comprehensive street network
Helps circulation and access to regional highway, transportation, and transit, in a way that
does not handicap local property development and redevelopment efforts.
Location
Stop Control
LOS
Delay
(sec /veh)
City of Tukwila Intersections
West Valley Hwy @ SW Grady Way
Signal
F
90.1
West Valley Hwy @ Strander Blvd
Signal
F
178.6
West Valley Hwy @ S 180 St (SW 43 St)
Signal
F
99.1
City of Renton Intersections
SW 27th St @ Oakesdale Ave SW
Signal
wru.4. ca. cgwQac)
75.5
SW Grady Way @ Lind Ave
Signal
99.6
SW 27th St @ Lind Ave
Signal
163.2
SW Grady Way @ Rainier Ave
Signal
113.1
SW 27th St @ East Valley Rd
Signal
14.7
SW 43 St @ East Valley Rd
Signal
105.7
Strander Blvd @ North Boeing Site Access
Signal
36.9
Strander Blvd @ South Boeing Site Access
Signal
17.3
FT
i he LOS analyses were conducted for the Alternative 1 conditions assuming that the
planned regional transportation improvements have been implemented with the existing
intersection channelization and traffic control. The ' ; LOS analyses for the
study intersections under the Alternative 1 conditions year 2030 are
summarized in Table 5.4.
The results of the LOS analysis indicate that all of rsections would
deteriorate to LOS F under 2030 conditions, with of four intersections. The
intersection of SW 27th Street and Oakesdale Avenue i deteriorate to LOS E,
while the SW 27th Street and East Valley Road intersection and the two Boeing
Longacres site access intersections would operate at LOS D or better. The SW 27th
Street and East Valley Road intersection is assumed to be signalized under Alternative 1.
Freight Mobility
Draft Transportation Discipline Report 24 May 2004
City of Renton
Table 5.4
2030 Alternative 1 Conditions
Levels of Service Summary
(Weekday p.m. peak hour)
With the completion of the proposed action, traffic would redistribute to take advantage
of the new east -west connection (see Figure 5.19). It is anticipated that freight traffic
would divert from both SW 43` Street and from SW Grady Way to the new connection.
A portion of this traffic would use West. Valley Highway and other north -south routes
within the project study area to reach Strander Boulevard. Other freight traffic would use
north -south routes west of the Green River to reach Strander Boulevard in Tukwila, and
then travel east along Strander Boulevard to cross the Green River and onto the proposed
alignment east of West Valley Highway.
Strander Boulevard Extension
DRAFT
Under Alternative 1, freight traffic would be diverted from SW 43` Street and SW Grady
Way (two congested links that currently carry significant freight volumes) onto the
Strander Boulevard /SW 27` Street corridor roadway section between West Valley
Highway and Oakesdale Avenue SW. Figure 5.20 and Figure 5.21 show the daily and
p.m. peak hour freight volumes in the study area with the redistributed freight volumes.
The proposed action would result in a 25 percent decrease in freight volumes along SW
Grady Way and an 18 percent decrease in freight volumes along SW 43` Street east of
West Valley Highway.
This would reduce the proportion of heavy vehicles relative to the total flow of vehicles
along SW Grady Way from 12.6 percent to 8.1 percent. Despite the projected 18 percent
decrease in trucking levels with the completion of the proposed action, the proportion of
trucks along SW 43 Street would increase slightly from 12.9 percent to 14.4 percent.
The total number of daily passenger vehicles along this link is projected to decrease by
27 percent, which is significantly more than the decrease in truck volumes, and thus the
increase in truck percentage relative to total traffic.
West Valley Highway would experience moderate growth in freight volumes as trucks
would utilize the proposed action to traverse east -west movements from the adjacent
commercial uses in the study area between West Valley Highway and East Valley Road.
North of Strander Boulevard, West Valley Highway is projected to carry 9 percent more
trucks, while south of Strander the projected growth would be 6 percent. It is projected
that the proposed action would carry 4,350 truck trips by 2030, with 3,500 trips crossing
the Green River on Strander Boulevard west of West Valley Highway (a 170 percent
increase in freight).
The anticipated redistribution of traffic with the proposed extension of Strander
Boulevard would significantly reduce the presence of freight traffic along both SW Grady
Way and SW 43` Street. This would improve traffic flow along both of these corridors
by removing slower - moving trucks from the roadway. Strander Boulevard and SW 43`
Street, the two major freight connections across the Green River in the project study area,
would carry approximately equal volumes of freight. SW Grady Way is less accessible
to the freight development in the study area because of its location north of I -405, and it
carries higher overall traffic volumes than SW 43` Street. Because of this, SW Grady
Way is projected to only carry approximately 60 percent of the freight volumes observed
along Strander Boulevard or SW 43 Street. The relatively small increase in freight
volumes along the north -south connections to Strander Boulevard would have a relatively
minor impact on the traffic flow in the study area.
The annual freight tonnage for the future year 2030 in the project study area was
estimated using the daily freight volume forecasts outlined previously. It was assumed
that the relative distribution of different classifications of heavy vehicles on each link
remained constant from the baseline 2004 counts to the future year 2030 with the project
completed. The annual freight tonnage in the study area with the completion of the
proposed alignment is shown on Figure 5.22 for the design year 2030.
Draft Transportation Discipline Report 25 May 2004
Strander Boulevard Extension City of Renton
DRAFT
By 2030, it is projected that up to 12.1 million tons of freight would use the proposed
action annually. Of this diverted traffic, 1.6 million tons of freight or 14 percent of the
total volume would be diverted from SW 43 Street, leaving a total of 9.9 million tons of
freight annually on SW 43 Street. A larger proportion of the freight, 2.6 million tons
annually or 25 percent of the total freight volume, would be diverted from SW Grady
Way. This leaves 7.6 million tons of freight annually on SW Grady Way.
Alternative 1 is also anticipated to increase the freight volumes along West Valley
Highway. It is projected that the freight volumes along West Valley Highway between
Strander Boulevard and I -405 will grow by approximately 9 percent to 15.4 million tons
annually, and the freight volumes south of Strander Boulevard are anticipated to grow by
5 percent to 9.1 million tons of freight annually.
Transit Operations
Under Alternative 1, the Strander Boulevard extension is projected to carry over 1,400
transit passengers daily and save each of those passengers up to 2 minutes in reduced
travel time. In addition, the proposed action is also projected to directly lead to an
increase of between 400 and 600 new transit trips daily when land is fully redeveloped in
the Renton area adjacent to the Strander Boulevard extension.
Routes Projected to use Strander Boulevard
Each of the routes described in this subsection is projected to use the proposed Strander
Boulevard extension. The routing and potential routes have been reviewed by King
County Metro and deemed reasonable in their estimation. Figure 5.23 shows the
potential alignment of each route. It should be noted that King County Metro is not
committed to making any of the changes described in this report. At a minimum, an
extensive public involvement process and examination of the cost impacts would be
required.
• Route 140 (Funded Route) — Existing Route Realigned
Route 140 is one of the primary transit east -west bus routes in south King County.
Route 140 currently uses either SW Grady Way or Longacres Drive to travel
between Southcenter and Renton. Route 140 operates every 15 minutes during
the peak and every 30 minutes during non -peak times. According to 2002
ridership data, more than 900 (sum of both eastbound and westbound trips)
persons travel each day on Route 140 through the intersection of Strander
Boulevard and West Valley Highway. There are currently 87 daily bus trips on
Route 140.
With Alternative 1, Route 140 could be realigned to serve both the relocated
future Sound Transit Tukwila Station and the Strander Boulevard extension. The
route would continue to Oakesdale Avenue SW, where it would turn north to get
back to SW Grady Way.
Draft Transportation Discipline Report 26 May 2004
Strander Boulevard Extension City of Renton
-- ,
DRAFT
4.2.2 Land Use
• Recognize the Tukwila Urban Center as a regional commercial/ industrial and
limited mixed -use residential area.
• Public/ private investment shall facilitate and encourage overall growth in the
Tukwila Urban Center.
• Allow the Tukwila Urban Center to continue to serve the region as a major
shopping, office, and light industrial area.
4.2.3 Urban Development
4.2.4 Transportation and Circulation
4.2.5 Economics
• Create a street network that reflects the demand and need for motor vehicles,
transit, pedestrians, and bicyclists.
• Create regulations and design guidelines to result in high quality site design and
contribute to the creation of hospitable pedestrian environments.
• Actively promote development in the Tukwila Urban Center by investing in
public improvements and infrastructure.
• Promote transportation and transit services and facilities, as well as traffic
management systems that increase and improve access to and from the Tukwila
Urban Center for all transportation modes.
• Support the development of a continuous, comprehensive public street network
that serves all transportation needs, allows a range of travel route choices, and
facilitates access within the Tukwila Urban Center for both motorized and non -
motorized transportation modes.
• Promote the development and enhancement of transit service and facilities by
coordinating with regional transit agencies to enhance existing and future bus and
rail facilities.
• Create a non - motorized transportation network by exploring the use of railroad
ROWs.
• To access the regional highway, transit, and air transportation system in a way
that does not handicap local property development and redevelopment efforts.
• To establish a coordinated transit hub in the Tukwila Urban Center that efficiently
mixes modes of travel and stimulates development of real estate associated with
transportation facilities.
• To increase development, intensity, and diversity of uses in the Tukwila Urban
Center.
• To meet the needs of our residential neighborhoods while maintaining the
economic health of the business community.
Draft Land Use Discipline Report 24 May 2004
Strander Boulevard Extension City of Renton
Alice Strand - Tukwila Station Page 1
From: "Bill Rutledge" <Bill @rutledgemaul.com>
To: "alice - tukwila city planner" <astrand @ci.tukwila.wa. us>
Date: 12/20/04 12:42 P M
Subject: Tukwila Station
Alice
Attached are the preliminary property swap exhibits. Ken is completing
the package in coordination with the Surveyor and should have these
submitted to Jack by tomorrow.
Two items should be addressed regarding the code criteria, the allowable
density and the open space requirements. The land area we net out after
the land transfers is reduced from the original 6.3 acres to 4.66 acres
(the city has the net gain). This obviously increases the density of our
development. In addition, the marketing professionals have told us that
we may want to convert several of the 2 bedroom + den units into two 1
bedroom units. Assuming the maximum change to 1 bedroom units, the total
unit count could approach 300 units. We have sufficient parking for this
using the 1.6 cars /DU ratio, so the developers would like to keep this
option open to them. The net effect on the code criteria would be to
increase the allowable density to 65 units per acre.
The second issue is the open space requirement. We have in excess of
41,000 sf of open space due to the large deck area over the garage, and
additional common space plus individual deck areas that would bring the
total up to the 200 sf per unit. However, if we changed to the increased
number of units by converting to the additional 1 bedroom units, we
would not be able to meet it. I realize that we areattempting to present
a minimum number of changes to the existing code, but the open space
requirement really should be more in alignment with high density use
(the last project we did in downtown Bellevue had no common area
recreation space and less than 75 sf per unit of open space counting
grade level landscaping and small deck areas at the units). Assuming we
go with the maximum density of 300 units, we would have approximately
150 sf pf usable space per unit. I would propose that we use 125 sf per
unit as a criteria.
Please review these notes and give me a call if you want to discuss any
of it.
Thanks for your help.
Bill
CC: <kkester @earthlink.com>
/So
COQ
41°2
(r)
6
Other Options
Sound Transit and its partners in the region are evaluating participating in acquiring the BNSF right -of -way
from Black River Junction in Renton to Woodinville. While the protection of right -of -way for potential future
transit use may have a long -range benefit, the use of the entire BNSF corridor is not required for any of the
elements of the Plan Alternative or Options.
Light Rail Options
Table 3 -3
Options That Would Affect Technology or Geographic Areas in the Plan Alternative
Light rail from Northgate to Bothell
Light rail from Lynnwood to
Everett via Paine Field
Light rail from Redmond to
University District
Light rail from SeaTac to Burien
Light rail from Burien to Renton
Light rail from downtown Tacoma
to west Tacoma
Downtown Tacoma to east Tacoma
Light rail to north downtown Seattle
Streetcar Options
Westlake to University District
International District to Central
District
Seattle Waterfront to Prospect
Commuter Rail Options
Commuter Rail from Tacoma to
Frederickson
Commuter rail from Sumner to
Orting
BRT Options
Seattle to Everett on SR 99
Canyon Park to SW Everett via Mill
Creek
Northgate to Bothell
December 2004
Regional Transit Long -Range Plan Draft SEIS
Involves a change in service mode
or technology as proposed in the
Plan Alternative
In Plan Alternative as a regional
express bus corridor
In Plan Alternative as a regional
express bus corridor
In Plan Alternative as a regional
express bus corridor
In Plan Alternative as a regional
express bus corridor /potential rail
extension
In Plan Alternative as a regional
express bus corridor
In Plan Alternative as a regional
express bus corridor
In Plan Alternative as a regional
express bus corridor
In Plan Alternative as a regional
express bus corridor
Involves developing a new
corridor or connection not
proposed in the Plan
Alternative
New corridor /connections
New corridor
New connection
New corridor /new technology
New corridor /new technology
New corridor /new technology
New corridor
New corridor
3 -19 Sound Transit
3. Long -Range Plan and Alternatives
SL chair approval
Community and Parks Committee
November 9, 2004
Present: Pam Linder, Chair; Dave Fenton, Joe Duffle
Jack Pace, Lynn Miranda, Bruce Fletcher, Kevin Fuhrer, Alan Doerschel, Lucy
Lauterbach
1. Transit Oriented Development Staff had met with a developer who is interested in building
a 350 unit residential building, with room for retail on the first floor just north of the Sounder
Station. As this is in the Transit Oriented Development (TOD) area, residential uses are not now
allowed there. The Tukwila Urban Center Plan is not due until late 2005, so amendments to the
Tukwila Urban Center section in Chapter 18 could be coupled with the Comprehensive Plan
provisions to allow the development to work toward getting a permit. Jack said staff had tried to
think of a way to aid this development, as it brings us toward our goal of enhancing the TOD to
make it a viable living and working area. The developer has an option of buying land from
McCloud. The Committee supported moving to adopt an amendment to the Tukwila Urban
Center uses by allowing multifamily dwellings in a mixed use development on parcels within
200 feet of Sound Transit's commuter rail property. If approved in concept by the Council, it will
go to the Planning Commission. Recommend amendment to Nov 22 meeting.
2. Park and Equipment Acceptance Bruce had used some 2004 CDBG funds to buy
replacement playground equipment for both Crystal Springs and Duwamish park. New swings
and the new style jungle gyms were installed for a total of $38,976.78. Recommend acceptance
of contract and release of retainage to consent agenda.
3. Final Budget Review The Committee completed their committee budget reviews. Pam L
raised the issue of regulating slum landlords with more regulations and code enforcement. She
wondered if code enforcement would be able to enforce provisions at apartments with current
staff, or if more staff would be needed. The Committee discussed possible proactive code
enforcement using the international property maintenance code to strengthen and upgrade both
single family and multi family housing. In the end the Committee decided they would not add
anything to the code enforcement budget, but would talk about this at their retreat. If agreed
there, they will look at additions to the next year's budget. Budget review finished.
4. Third Quarter Reports Committee members were satisfied with the reports. No action.
City of Tukwila
Department of Community Development Steve Lancaster, Director
Community Affairs and Parks Committee Members
TO:
From: Steve Lancaster, DCD Director
Date: November 4, 2004
Subject: Transit Oriented Development Area = Code Amendment to Allow Mixed Use
Residential Development
Background
Steven M. Mullet, Mayor
Recently, a developer approached DCD with a proposal for a mixed -use residential project, to be
constructed within the designated TOD area. Tukwila Station, a 350 unit multifamily
development with 7,000 square feet of retail, would be located on the property north of
Longacres Way and the Sound Transit commuter rail /Amtrak station, between the UP and BNSF
railroad tracks (See Figures 1 &2). This "pilot" project would constitute a significant first step
towards achieving our land use and transportation goals for the T OD area and the TUC subarea
plan. The project's primary obstacle is that residential development on this property is currently
not allowed by Tukwila's land use regulations. This memo outlines Staff recommendations that
will allow the City to capture this key development opportunity now, prior to the adoption of the
TUC subarea plan.
Discussion
Policy issues that need to be addressed are as follows:
• Residential development on the property is currently not allowed by Tukwila's land use
regulations.
o The project is consistent with pending amendments to Tukwila's Comprehensive Land Use
Plan allowing for the development of residential uses within walking distance of the Sound
Transit commuter rail/Amtrak station.
• The project is being proposed prior to adopting Tukwila's Comprehensive Land Use Plan
amendments, but cannot move forward to the permitting stage unless and until those
amendments are adopted.
• Timing is critical to this proposal. Therefore, the City will need to move quickly to make the
necessary development code amendments if it wants to allow this project.
Staff recommends amending Chapter 18, Tukwila Urban Center District, as follows to allow the
project to move forward: (we will only pursue these amendments if the pending Comprehensive
Plan Amendments regarding residential use in the TUC are adopted):
6.300 Snuthcenter Rndlevard_ :Snitp #100 • Tukwila_ Washinptnn 98188 • Phnnp: 206- 4.31 =. 7670 • Fax. 206- 4 . 36fiS
Use: Allow multifamily dwellings in a mixed -use development on parcels within 200
feet of Sound Transit's commuter rail property.
Process: Conditional Use Permit and Design Review
Standards: TUC Basic Development Standards and General Design Review Criteria (since
the specific multifamily design guidelines are for suburban versus urban forms of
development)
Other provisions of Chapter 18, Tukwila Urban Center (TUC) District, will remain the same.
Options
1. Council chooses not to adopt the recommended amendments. The proposal would need to
wait until the TUC subarea plan is adopted in late 2005.
2. Council adopts the recommended amendments. The project can immediately move
forward in the permit process.
Staff Recommendations:
Amend Chapter 18, Tukwila Urban Center (TUC) District, as described, to allow the proposed
project to move forward.
Next steps:
Forward the proposed amendment on to the COW for review at their November 22 " meeting. If
the COW agrees with Staff recommendations, Staff will draft the actual amendments for review
by the Planning Commission, followed by COW review and Council adoption.
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POLICY ELEMENT
CHAPTER XVII - REVIEW OF COMPREHENSIVE PLAN TRANSIT POLICIES
As part of any comprehensive planning process, it is vital to revisit existing guiding policies
to assess the applicability of those policies, reference them in development of plans and
alternatives, and, if necessary, propose modification of those policies to better reflect present
conditions.
As noted, Bellevue's long -range vision concerning the City's growth and related
transportation needs is outlined in its Comprehensive Plan. Comprehensive Plan policies serve
as the "umbrella" by which all other policy is created and implemented and project - specific
solutions are developed. As such, the Comprehensive Plan policies related to transit are
revisited in this section to assess their continued applicability, to outline current staff
initiatives in the policy area, to propose modifications where and if necessary, and, in some
cases, to provide recommendations for additional staff - driven initiatives. Table XVII -1 at
the conclusion of this chapter should be used to reference proposed language changes and
recommendation by policy.
Where possible, policies serving like initiatives are examined together.
Non - Motorized Access to Transit
A number of Comprehensive Plan policies address the issue of non - motorized access to
transit. Some recommendations on implementing improvements to non - motorized access to
transit have been outlined within the Capital Element of this plan. Within this section, the
supporting policies are addressed here in the following categories:
• Working with Developers
• Prioritizing Non - Motorized Projects
• Leveraging Other Project Plans
• Partnerships with Transit Providers
Working with Developers
Policy TR -7
Incorporate transit - supportive and pedestrian- friendly design features in new
development through the development review process. Examples include:
• Orient the major building entries to the street and closer to transit stops;
• Avoid large surface parking areas between the building frontage and the street;
• Provide pedestrian pathways that minimize distances to activities and to transit stops;
• Where feasible, cluster major buildings within developments to improve pedestrian
and transit access;
• Provide weather protection in key areas, such as covered walkways or arcades
connecting buildings in major developments, and covered waiting areas for transit
and ridesharing;
Bellevue Transit Plan Update
XVII -1 Poluy Element — 6/2/2003
POLICY ELEMENT
• Design for pedestrian safety, including adequate lighting and paved, hazard -free
surfaces;
• Provide bicycle connections and secure storage convenient to major transit facilities;
• Use design features to create an attractive, interesting pedestrian environment that
will stimulate pedestrian use;
• Design transit access into large developments, considering bus lanes, stops, and
shelters as part of project design; and
• Encourage the availability of restrooms for public use.
Policy TR -53a
Work with private developers and the transit providers to integrate transit facilities and
pedestrian and bicycle connections into residential, retail, manufacturing, commercial
office, and other types of development. [Amended Ord. 5058]
Current Staff Initiatives
These design features are being implemented now through the City's Land Use Code
regulations and design review process. Staff works with the Development Review group on
a weekly basis to make sure that new developments include the frontage improvements as
outlined in the Pedestrian and Bicycle Transportation Plan Update.
As part of this process, staff reviews submitted pre - applications for development and
compares the proposed site plans with the Pedestrian and Bicycle "Transportation Plan Update. As
a result of this comparison, recommendations for improvements such as sidewalks, setbacks
for future bicycle lanes, trails, and so forth are made for the envisioned project.
Additionally, recommendations for more direct connections from the street or bus stop to
the building entrance, or at a minimum, a sidewalk from the building to the street sidewalk
are outlined. Finally, recommendations are often made for inclusion of bicycle racks for new
developments, especially those in high- density areas, or schools or activity centers.
This review process and recommendations are supported by a number of pedestrian- friendly
codes in the Development Manual:
14.60.70 Transportation Management Program- specifies elements of a program to
reduce single- occupant vehicle trips by requiring employer support of alternate
mode choices.
14.60.110 Street Frontage Improvements - requires the construction of sidewalk or other
pedestrian facility fronting the development site.
14.60.115 Americans with Disabilities Act - provides that street frontage improvements
and non - motorized facilities shall meet the ADA requirements.
14.60.190 Non - motorized Facilities - references the Pedestrian and Bicycle Transportation
Plan Update. Requires the provision of non - motorized facilities where called
out in the Plan.
14.60.241 Sight Distance Requirements for Pedestrian Safety- specifies design sight
distance criteria for vehicle access points crossing pedestrian facilities.
Bellevue Transit Plan Update YT•7I -2 Polity Element — 6/2/2003
POLICY ELEMENT
Recommendation
Staff intends to use the guidelines in the Pedestrian and Bicycle Transportation Plan Update to
improve implementation of policies on provision of bicycle connections and secure bicycle
storage convenient to major transit facilities. Further, development of criteria to establish
the level of bicycle parking required for specific uses will be undertaken.
No language changes are recommended to Policies TR -7 and TR -53a at this time.
Prioritizing Non - Motorized Projects
Policy TR -57
Assign high priority to pedestrian and bicycle projects that serve the following objectives:
• Address safety issues,
• Provide access to activity centers,
• Provide linkages to the transit and school bus systems,
• Complete planned pedestrian or bicycle facilities or trails, and
• Provide system connectivity or provide connections to the existing portions of the
system to develop primary north -south or east -west routes
Minimal energy paths, the route between two given points requiring the least amount of
energy for a bicyclist or pedestrian to traverse, shall be recognized and developed.
[Amended Ord. 5168]
Current Staff Initiatives
Staff developed methodologies for prioritization of non - motorized access projects within the
Pedestrian and Bicycle Transportation Plan Update. Prioritization of pedestrian projects to reflect
the role of access to transit is explicitly outlined within the Capital Element of the Bellevue
Transit Plan.
Recommendation
Within Chapter VII of the Capital Element of the Bellevue Transit Plan are specific criteria for
prioritizing pedestrian projects in support of access to transit. These criteria are
recommended for use when considering Priority A projects within the Pedestrian and Bicycle
Transportation Plan Update. Priority A projects are of higher priority because they address
pressing safety issues or provide key connections within the Pedestrian and Bicycle Systems.
The use of ranking criteria outlined in the Capital Element of this plan to further assess
these projects should be incorporated into the City's Pedestrian and Bicycle Transportation Plan
Update.
No language changes are recommended to Policy TR -57 at this time.
Bellevue Transit Plan Update X1/11-3 Polio Element — 6/3/3003
POLICY ELEMENT
Leveraging Other Project Plans
Policy TR -22
Incorporate pedestrian and bicycling improvements into roadway projects, and
incorporate transit /high- occupancy vehicle improvements where feasible.
Current Staff Initiatives
The incorporation of non - motorized improvements into roadway projects occurs through
the CIP process. All potential non - motorized projects are initially identified through the
City's Pedestrian and Bicycle Transportation Plan Update. As CIP projects are designed, staff
ensures that elements included in the Pedestrian and Bi9'cle Transportation Plan L pdate are
incorporated into the overall scope of the CIP project. Examples of this process are the
pedestrian and bicycle improvements being made as part of improvements to Lake
Washington Boulevard (which provides a connection to the Newport Hills Park - and -Ride
lot), Richards Road, 140th Avenue, and Kamber Road.
In addition to consideration through the CIP process, staff seeks out opportunities within
planned improvements in the Pavement Overlay Program to determine where non -
motorized facilities can be included as part of overlay projects. Finally, staff works with
NEP staff to fund non - motorized projects (usually trails or sidewalks). Coordination with
the Overlay Program and NEP are often funded through the Pedestrian Access
Improvement Program, which has an annual fund of $325,000.
Recommendation
No additional staff initiatives or language changes to Policy TR -22 are recommended at this
time.
Policy TR -6
Locate new community facilities near major transit routes and in areas convenient to
pedestrians and bicyclists.
Current Staff Initiatives
The new community facilities that have been approved in the past few years are the Bellevue
Art Museum and the Environmental Education Center in Mercer Slough. As envisioned by
Policy TR -6, both of these facilities have pedestrian and bicycle access. Further, the Bellevue
Art Museum is very accessible by transit service.
Recommendation
Proceed with current approach to determining siting for community facilities. No language
changes are recommended to Policy TR -6 at this time.
Bellevue Transit Plan Update
XT-71-4 Policy Element — 6/212003
POLICY ELEMENT
Partnerships with Transit Providers
Policy TR -53b
Develop partnerships with the transit providers to implement projects identified in the
Transit Neighborhood Links Study to provide better access to transit service. [Amended
Ord. 5058]
Policy TR -58
Encourage transit use by improving pedestrian and bicycle linkages to the existing and
future transit and school bus systems, and by improving the security and utility of park -
and -ride lots and bus stops.
Current Staff Initiatives
The City is an active partner with King County and Sound Transit on the development and
improvement of transit centers and park- and -ride lots. As a partner, the City makes
recommendations to the transit agencies on ways to improve security, and maximize
mobility and access. Examples include the Eastgate Park - and -Ride lot, and the Bellevue
Transit Center.
For the Eastgate Park - and -Ride lot, the City was successful in getting the proposed garage
relocated to allow for the bus drop off and waiting area toward the front, facing Eastgate
Way. This provided a more open and secure location, and improved access for pedestrians
and bicyclists. For the Bellevue Transit Center, the City was instrumental in developing a
bicycle station and improved wayfinding as part of the overall project.
The City has completed a number of projects as a result of the Transit Neighborhood Links
Study. One example is the bus stop /shelter located on the south side of NE 8th Street, east
of 116th Avenue. Another project currently underway is the South Bellevue Park - and -Ride
neighborhood link project. This project will provide for a pedestrian connection between
the South Bellevue Park- and -Ride lot, and the neighborhood to the west of 112th Avenue.
Metro is a contributing partner to both of these projects.
With regard to access to school bus stops, the City works with the school districts in their
role as a "transit provider" to make improvements where possible, within existing funds.
One example is on NE 40th Street, west of 148th Avenue. In this case, the Bridle Trails
neighborhood has requested that the City provide a pedestrian path on the south side of the
roadway to allow students to safely reach their bus stop. The City is using the Pedestrian
Access Improvement Program to fund this project. This project is scheduled to be built Fall
2002.
Recommendation
No additional staff initiatives or language changes to Policies TR -53b and TR -58 are
recommended at this time.
Bellevue Transit Plan Update
X1'7I -5 Polity Element — 6/2/2003
POLICY ELEMENT
Transportation Demand Management
Comprehensive Plan policies related to Transportation Demand Management are examined
here in the following areas:
• Commute Trip Reduction and Parking Management
• Marketing and Outreach to Promote Transit Alternatives
Commute Trip Reduction and Parking Management
Policy TR -8
Coordinate with other Eastside jurisdictions, the private sector, and the transit provider
to develop and implement uniform or compatible transportation demand management
regulations and strategies that are consistent with and which implement the state
Commute Trip Reduction Act and address the following factors:
• Parking;
• Services to increase high- occupancy vehicle use;
• Demand management program elements, including incentives; and
• Reporting, monitoring, and performance evaluation standards.
Policy TR -9
Require large employers to implement a commute trip reduction program for employees,
as mandated by the Commute Trip Reduction Act. Evaluate program effectiveness every
two years and, in coordination with other Eastside jurisdictions, lower the employer
threshold, if needed, to achieve the City's goals for reducing use of single- occupant
vehicles.
Policy TR -10
Work with other jurisdictions in King County to establish and implement compatible
programs to limit the supply of commuter parking for single- occupant vehicles.
Consistent with the Countywide Planning Policies, introduce parking pricing techniques
to discourage single- occupant vehicles, such as:
• Establish methods to charge for parking single- occupant vehicles;
• Impose a parking tax, through state- enabling legislation; and
• Provide tax incentives and other credits to employers, which eliminate employee
parking subsidies.
Current Sta jf Initiatives
The City's efforts to increase transit ridership through parking policies are reflected in the
Commute Trip Reduction Ordinance and the Traffic Standards Code.
The Commute Trip Reduction Ordinance requires employers who employ more than 100
employees to implement a trip reduction program. The program requires employers to
reduce the percentage of employees that commute using single - occupant vehicles. The City
Bellevue Transit Plan Update
VII - Policy Element -612 /2003
POLICY ELEMENT
assists Bellevue -area employers in meeting their trip reduction goals by offering technical
assistance, incentives, and public information.
The City of Bellevue Traffic Standards Code currently requires developers to implement
transportation management programs to reduce use of single- occupant vehicles. To achieve
a reduction in single- occupant vehicle driving, a program may include the following
elements: (i) An information kiosk that posts transit and ridesharing information; (ii)
Preferential parking for carpools and vanpools; (iii) Financial incentive for ridesharing; (iv)
Guaranteed ride home; and /or (v) Employee transportation coordinator.
Recommendation
With regard to parking policies and related incentives for new development, as part of the
Development Manual Update process, staff is proposing to include a new initiative in
section 14.60.070 that would require developers to provide 50 percent discounted parking
for carpool and vanpool participants. Also, a financial incentive equal to at least the current
value of a one -zone KCM transit pass ($54 per month) would have to be offered to carpool
and vanpool participants.
The City has not undertaken strategies outlined in the above Comprehensive Plan that
create economic disincentives for development of parking or use of SOVs (i.e., higher
parking prices for SOV vehicles). Additionally, assessment of possible lowering the
CTR threshold has not been evaluated. As such, it is recommended that additional
consideration and assessment of parking policies is undertaken to support these
Comprehensive Plan directives:
1) Conduct a study to assess the parking needs in the area and alternative policy options
available (including an assessment of: methods to charge for parking single- occupant
vehicles; a parking tax through state - enabling legislation; and tax incentives and other
credits to employers that eliminate employee parking subsidies).
2) Develop a comprehensive parking policy and management plan.
3) Examine potential impacts of lowering CTR participation requirement on SOV
usage as well as implementation impacts.
A final recommendation related to Parking Management in Bellevue is the creation of a
"Ride Free Area" (RFA) in Downtown Bellevue. There is strong support for consideration
of this initiative in the Bellevue business community. In response to this support, King
County Metro is expected to provide a report to the Regional Transit Committee, by June
2003, which identifies the issues associated with (1) extension of the existing downtown
Seattle RFZ, (2) implementation of a RFA for another Seattle urban neighborhood, and (3)
implementation of a RFA in one or more suburban cities. Given that Bellevue is not
explicitly identified in the scope of this report, the City should work with King County to
ensure that this examination includes an assessment of a Downtown Bellevue RFA.
No language changes to Policies TR -8, TR -9, and TR -10 are recommended at this time.
Bellevue Transit Plan Update
XT -71 -7 Policy Element — 6/2/2003
POLICY ELEMENT
Marketing and Outreach to Promote Transit Alternatives
Policy TR -16
Promote increased citizen awareness of travel alternatives available for mid -day as well as
commute trips.
Policy TR -73a
Work in partnership with transit providers to market and promote regional transit
services [New Ord. 5247]
Current Staff Initiatives
During the past several years, the City has partnered with King County and Sound Transit to
market and promote regional transit services. As part of the City's Transportation Demand
Management activities, the City coordinated promotional efforts to improve awareness of
transit services and increase transit ridership among commuters and residents.
The City administers several programs to help increase transit ridership. The programs
include the Commute Trip Reduction program, the Residential Pass program, the Access
Downtown Rideshare program, and the Bel- Red /Overlake Trip Reduction program. All of
these programs offer incentives to commuters and residents for using public transit and
ridesharing services. The City plans to continue and possibly expand these programs in the
future.
In addition to the programs that the City administers, the City promotes regional transit
services through various communication methods, which include the following activities:
• Publish the Bellevue Transit Map;
• Post information on the City's One Less Car web site;
• Print and distribute promotional posters and brochures;
• Conduct transportation fairs;
• Issue media releases.
Recommendation
To reflect the focus of the City's present outreach tasks accomplished under this policy
directive, staff recommends modification of Policy TR -73a in the following manner:
Work in partnership with transit providers to market and promote regional
transit services to commuters, residents, and employers. [New Ord. 5247]
No language changes to Policy TR -16 are recommended at this time.
Bellei'ne Transit Plan Update
YI'II - Polio Element - 6/2/2003
POLICY ELEMENT
HOV /HCT Improvements
A number of Comprehensive Plan policies relate to expansion of state highway capacity
especially in the area of HOV network development.
Policy TR -68b
Support completion of the regional HOV system. Work with state and regional agencies
to improve HOV access to the freeway system and freeway -to- freeway HOV linkages at
I- 405 /SR 520, I- 405/I -90 and I -5 /SR 520.
Policy TR -68d
Work with state and regional agencies to ensure adequate capacity for both general
purpose and HOV traffic on state highways.
Policy TR -68f
Support multi -modal transportation solutions including general- purpose lanes, high -
capacity transit, HOV lanes, transit and non - motorized improvements that use the best
available technologies.
Policy TR -68g
Support options for the I -90 bridge to maintain general- purpose capacity and freight
mobility and to provide for 24 -hour two -way transit and HOV operations.
Policy TR -68h
Support High- Capacity Transit (HCT) facilities on I -90 and SR 520, with service to
Downtown Bellevue included as an integral part of each option
In addition, related ROW preservation specific policies are addressed below.
Current Staff Initiatives
The primary efforts by the City in advancing these policies have been in its partnerships with
the State and regional partners. For instance, Bellevue is working with Sound Transit and
WSDOT to improve HOV access into Bellevue through Access Downtown and the
Eastgate direct access project. Also, the City continues to be actively involved in the I -405
Corridor Program, the Trans -Lake Washington Project, and the I -90 Two -Way
Transit /HOV Project. In all of these efforts, the City has been a strong supporter of
multimodal transportation solutions: forging agreements for I -405 improvements that
include HOV system completion, TDM and non - motorized improvements, advocating for
the completion of the HOV system on ] -90, and working toward a SR 520 solution.
Finally, the City has been at the forefront of other regional projects advocating for system
improvements. Recent activities have included a lead role in shaping the Metro Six -Year
Transit Plan, advocating for Sound Transit Phase 2 planning, as well as continuing to invest
in multimodal solutions through its own CIP.
Bellenrie Transit Plan Update
XT-7/-9 Polig Element —6/ 2 2003
POLICY ELEMENT
Recommendation
No additional staff initiatives or language changes to Policies TR -68b, TR -68d, TR -68f, TR-
68g, or TR -68h are recommended at this time.
ROW Preservation
Policy TR -72
Identify and preserve necessary right -of -way for regional transit facilities. [Amended
Ord. 5058]
Current Staff Initiatives
The City recognizes that to ensure future expansion of the HCT network and to provide
support to transit, ROW preservation needs to be undertaken in the near term.
In this regard, it is Sound Transit Phase 2 planning — scheduled to begin in Fall 2002 —which
will provide the mechanism for identifying necessary ROW for regional facilities. Corridor
work has already identified potential new routes for regional transit in the SR 520 and I -90
corridors that may require the acquisition of ROW. The City has been actively involved in
the pre - planning process for Phase 2 and will ensure it has a seat at the regional table
throughout the process.
Recommendation
No additional staff initiatives or language changes to Policy TR -72 are recommended at this
time.
Commuter Parking
As outlined in the Commuter Parking section of the Capital Element, existing capacity for
park- and -ride and park- and -pool lots cannot presently meet forecast demands. The
Comprehensive Plan does provide policies that reflect strategies for addressing these needs:
Policy TR -50
Work with the transit providers to maintain and improve public transportation services
to meet employer and employee needs. Develop and implement attractive transit
commuter options, such as park -and -ride facilities and local shuttle systems with
sufficient frequencies to increase use of transit for commuting and reduce reliance on
private automobiles. [Amended Ord. 5058]
Policy TR -70b
Provide a safe system of park– and -ride and park- and -pool lots to serve activity centers in
the region and on the Eastside to:
• Intercept trips by SOV closer to the trip origins,
• Reduce traffic congestion, and
• Reduce total vehicle miles traveled. [Previously PolicyTR -68 Ord. 5247]
Bellevue Transit Plan Update X1'71 -10 Policy Element — 6/2/2003
POLICY ELEMENT
Policy TR -70d
Encourage transit providers and the State to provide new and expanded park- and -ride
lots to adequately serve City residents and to develop additional capacity outside
Bellevue at other strategic Eastside locations to serve outlying residents. [New Ord.
5247]
In addition, leased lot specific policies are addressed below.
Current Staff Initiatives
The City of Bellevue has been very active in underscoring the present need for the
development of additional Commuter Parking options for Bellevue residents and commuters
in the region. This commitment has been reflected in the City's collaboration with the
region's transit providers, including expansion of the Eastgate Park- and -Ride and
participating in the King County Park - and -Ride Demand Estimation Study (December 2000) that
identified the long -range park- and -ride needs for the county.
Within the Capital Element of this plan, it is recommended that Bellevue continue to
consider expansion of existing park- and - rides, as well as potential development of new
permanent park- and -rides to serve commuter demand. Additionally, the Commuter Parking
section outlines specific actions for increasing park- and -pool lots to address near term
demand issues.
Recommendation
Move forward with Capital Element recommendations. Actively consider permanent park -
and -ride options and opportunities for expanding leased lot capacity.
No language changes are recommended at this time to Policies TR -50, TR -70b, or TR -70d.
Leased Lot Development
Policy TR -70e
Work with transit providers and local property owners to develop new leased park -and-
ride lots. [New Ord. 5247]
Current Staff Initiatives
This policy specifically underscores the use of leased parking (i.e. non - permanent park -and-
ride lots) for addressing commuter demand. The Commuter Parking section of the Capital
Element outlines considerations for the expansion of park- and -pool capacity and
opportunities for streamlining the permit process in this regard.
Recommendation
Move forward with Capital Element recommendations: actively consider opportunities for
expanding leased lot capacity including streamlining of permitting process. No language
changes are recommended to Policy TR -70e at this time.
Bellevue Transit Plan Update
XI'II -11 Policy Element — 6/2/_2003
POLICY ELEMENT
Partnerships
The City of Bellevue has taken a leadership role in developing a transit- oriented strategy for
addressing its transportation needs. In this regard, it recognizes the role of partnerships in
realizing Bellevue's vision for its transit network. Comprehensive Plan policies related to
partnering in the following areas are examined here:
• Working with Developers
• Working with Transit Partners
• Working with Sound Transit
Working with Developers
Policy TR -7
Incorporate transit - supportive and pedestrian- friendly design features in new
development through the development review process. Examples include the following:
• Orient the major building entries to the street and closer to transit stops;
• Avoid large surface parking areas between the building frontage and the street;
• Provide pedestrian pathways that minimize distances to activities and to transit stops;
• Where feasible, cluster major buildings within developments to improve pedestrian
and transit access;
• Provide weather protection in key areas, such as covered walkways or arcades
connecting buildings in major developments, and covered waiting areas for transit
and ridesharing;
• Design for pedestrian safety, including adequate lighting and paved, hazard -free
surfaces;
• Provide bicycle connections and secure storage convenient to major transit facilities;
• Use design features to create an attractive, interesting pedestrian environment that
will stimulate pedestrian use;
• Design transit access into large developments, considering bus lanes, stops, and
shelters as part of the project design; and
• Encourage the availability of restrooms for public use.
Policy TR - 13
Require new development to incorporate physical features designed to promote use of
alternatives to single- occupant vehicles, such as:
• Preferential parking for carpools and vanpools;
• Special loading and unloading facilities for carpools and vanpools;
• Transit facilities, including comfortable bus stops and waiting areas, adequate turning
room, and where appropriate, signal preemption and queue -jump lanes; and
• Bicycle parking and related facilities.
Be/ %true Transit Plan Update
XI Polio Element — 6/2/2003
POLICY ELEMENT
Policy TR -53a
Work with private developers and transit providers to integrate transit facilities and
pedestrian and bicycle connections into residential, retail, manufacturing, commercial
office, and other types of development. [Amended Ord. 5058]
Current Staff Initiatives
These design features are being implemented now through the City's Land Use Code
regulations and the design review process. Staff works with the Development Review group
to make recommendations for inclusion of non -SOV supportive elements. Through this
process, staff reviews submitted pre - applications for development and considers site plans.
Among other efforts, site plans are compared with the Pedestrian and Bicycle Transportation Plan
Update to shape recommendations for improvements such as sidewalks, setbacks for future
bicycle lanes, creating more direct connections from the street or bus stop to the building
entrance, and inclusion of bicycle racks.
Recommendation
At this point, staff has been active in reviewing plans and recommending changes; however,
a system does not presently exist for assessing the impact of these recommendations. The
Development Review group uses the recommendations to work with the developers on an
individual basis, but the final results are not consistently relayed back to staff. The
establishment of a post - recommendation assessment process -- whether via semi - regular
meetings with the Development Review group on this topic or review of final plans —would
help shape future efforts in this area by outlining what types of recommendations and
drivers for such recommendations (regulatory requirements or incentive based) have been
successful.
Other recommendations for changes in the Development Manual have been included in
other sections and include the following:
• Staff intends to use the guidelines in the Pedestrian and Bicycle Transportation Plan Update
to improve implementation of policies on provision of bicycle connections and
secure bicycle storage convenient to major transit facilities.
• Reexamine the parking provisions of the Land Use Code to include preferential
parking and special loading and unloading facilities for carpools and vanpools.
• Develop criteria for the amount of bicycle parking that is needed for specific uses.
No language changes to Policies TR -7, TR -13, and TR -53a are recommended at this time.
Bellerue Transit Plan Update XI - 71-13 Po /iry Element — 6/_2/_2003
POLICY ELEMENT
Working with Transit Partners
Policy TR -47
Work with the transit providers to implement Bellevue's transit vision. Plan to make
transit an attractive travel option for local residents, employees, businesses, and users of
regional facilities. [Amended Ord. 5058]
Policy TR -53
Work with the transit providers to create, maintain, and enhance a system of supportive
facilities and systems such as transit centers, passenger shelters, park- and -ride lots, bus
queue by -pass lanes, bus signal priorities, pedestrian and bicycle facilities, pricing, and
incentive programs. [Amended Ord. 5058]
Policy TR -86
Support joint projects, including the contribution of City matching funds, with adjoining
cities, unincorporated King County, the transit provider, or the state, where such
partnerships may help establish or accelerate a project beneficial to the City.
Current Staff Initiatives
The City has been very active in partnering with its transit providers in the areas of capital
and service development. Further, the development of the Bellevue Transit Plan reflects the
close relationship between Bellevue and the transit providers to help shape the overall transit
vision for the City.
Project- specific efforts jointly undertaken by Bellevue and its transit partners have been
referenced throughout this Plan including: use of ADA grant funds to construct shelters,
implementation of TSP projects on NE 8th, and numerous TDM initiatives.
Recommendation
Bellevue should continue its active role in the region and in creating opportunities for
partnership with its transit providers. No language changes to Policies TR -47, TR -53, or
TR -86 are recommended at this time.
Policy TR -70
Secure a share of regional transit system facilities and service priorities for Bellevue
residents proportional to the City's contributed share of regional transit revenues.
[Amended Ord. 5058]
Current Staff Initiatives
Among the other goals for development of the Bellevue Transit Plan has been supporting this
policy and outlining the types of investments that should be made. An example of
Bellevue's success in this area has been the increased level of Metro service included in the
latest six -year plan update.
Previously, resources for new bus service was allocated to Metro Transit's three subareas —
Seattle /North County, South County, and Eastside -based on populations. In the latest
Bellevue Transit P /an Update
XT/71-14 Polity Element — 6/2/2003
POLICY ELEMENT
update, the active involvement of the Bellevue City Council and staff has resulted in an
allocation formula that increases the overall Eastside share by 43 percent -40 percent of
new service versus 28 percent in the last planning process. These additional service hours
for the Eastside will result in buses running more frequently on Bellevue's streets, thus
enhancing the opportunity for citizens to choose transit as an alternative to driving.
Recommendation
Bellevue should continue its active role in securing its fair share of transit improvements for
the City and the region. Areas where this role has been and will continue to be critical is
shaping the allocation of Sound Transit's unanticipated revenues, responding to any
adjustments in Sound Transit's Phase 1 planning horizon, and development of Sound
Transit's Phase 2 plan.
No language changes to Policy TR -70 are recommended at this time.
Working with Sound Transit
Policy TR -69
Participate actively in Sound Transit Phase 1 efforts to develop and implement the
regional transit system. Work to ensure that Eastside services and facilities are high
priorities for system implementation, including direct HOV access to Downtown
Bellevue and the Eastgate Park - and -Ride lot, and expansion of the Bellevue Transit
Center. [Amended Ord. 5058, 5247]
Current Staff Initiatives
Bellevue has been very active in supporting the initiatives outlined in this policy. With regard
to the specific project identified, Bellevue is working with Sound Transit and WSDOT to
improve HOV access into Bellevue through the Access Downtown Project and the Eastgate
direct access project. Development of the Eastgate Park - and -Ride lot is being coordinated
with development of the direct access ramp. Bellevue Transit Center will be complete in Fall
2002. At this point, all Eastside Phase 1 service and capital investments are expected to be
complete by 2006, the present envisioned end of Phase 1.
Recommendation
Bellevue should continue its active role in shaping Sound Transit's Phase 1 planning,
especially in light of potential extension of Phase 1. No language changes to Policy TR -69
are recommended at this time.
Bellerue Transit Plan Update
Xi -71 -15 Po /iry Element — 6/2/2003
POLICY ELEMENT
Policy TR -69a
Provide regional leadership for Sound Transit Phase 2 planning efforts. New Ord.5247]
Current Staff Initiatives
Bellevue has been very involved in laying the groundwork for the Phase 2 planning process.
Bellevue began advocating for the initiation of Phase 2 planning in 2000, directly through
Sound Transit staff, the Sound Transit Board, through ETP, and via major corridor studies
such as SR 520, I -90 and I -405. City staff, with City Council endorsement, has developed a
conceptual workplan for Phase 2 and has recruited support from several other jurisdictions.
Phase 2 planning is scheduled to begin in Fall 2002.
Recommendation
Bellevue should continue its active role in the development of Sound Transit's Phase 2 plan.
No language changes to Policy TR -69a are recommended at this time.
Service Planning
The Service Element of this plan has been shaped and influenced by a number of
Comprehensive Policies:
Policy TR -48
Work with the transit providers to establish a hierarchy of transit services focused on
three major elements:
• Neighborhood Services
• Local Urban Service
• Inter - Community and Regional Services [Amended Ord. 5058]
Policy TR -49
Work with the transit providers to establish transit hubs at activity areas in the City.
Strategic locations for transit hubs include Downtown Bellevue, Crossroads, Eastgate
and Factoria. Direct the most intensive levels of transit service to the designated transit
hubs, which have been strategically located in the designated Urban Center and Activity
Centers of Bellevue. Work with the City of Redmond to establish a transit hub at
Overlake. [Amended Ord. 5058]
Policy TR -70a
Work with transit providers to maintain and expand direct and frequent regional bus
routes to support the City's land use and mode split goals. [New Ord. 5247]
Policy TR -70c
Increase the frequency of transit serving the permanent park- and -ride lots in the I -90
corridor to better balance commuter usage of the lots. [New Ord. 5247]
Bellevue Transit Plan Update
XT-7I-16 Polity Element — 6/?/?003
POLICY ELEMENT
Policy TR -73
Integrate local transit services and facilities with the regional transit services and facilities
and modes serving Bellevue and the Eastside. [Amended Ord. 5058, 5247].
Policy TR -76a
Provide regional leadership in evaluating the potential for high- capacity transit to be
successful on the Eastside. [Amended Ord. 5058, 5247]
Policy TR -76b
Work with Sound Transit to ensure that any HCT service to and within the Eastside
serves Downtown Bellevue as the major hub of the Eastside. [New Ord. 5247]
Policy TR -76c
Work with Sound Transit to ensure that HCT services to Downtown Bellevue are
provided at levels commensurate with services provided to other urban centers. [New
Ord. 5247]
Current Staff Initiatives
These directives and related Council interest statements drove the Service Element
of the Bellevue Transit Plan. Among other things, the Service Element makes several
recommendations including:
• Increasing the span of service and service frequency to better support the
City's growth and development
• Improving connectivity between Bellevue and other major Eastside
destinations, activity centers, and regional centers
• Improving downtown service circulation and coverage
• Supporting coordination of Sound Transit and Metro services to meet
Bellevue transit service goals
In this regard, the Service Element also established a hierarchy of transit services focused on
three major elements: (i) Bellevue - Bellevue connections; (ii) Bellevue- Eastside connections;
and (iii) Bellevue - Regional connections.
Bellenne Transit Plan Update
YT TII - 17 Polio Element — 6/2/2003
POLICY ELEMENT
Recommendation
Continue to move forward with the recommendations of the Service Element. In addition,
modify the language of Policy TR -48 to reflect definitions included in the Service Element:
No other policy language changes are recommended at this time.
Funding
Work with the transit providers to establish a hierarchy of transit services
focused on three major elements:
• Bellevue - Bellevue Connections
• Bellevue - Eastside Connections
• Bellevue - Regional Connections
As outlined in the financing section of the Capital Element, the level of readily available
resources for improvements to the transit service network in Bellevue is limited and cannot
support all the potential projects identified within the Capital Element. In recognition of
this lack of resources for transportation, it is necessary to revisit some Comprehensive Plan
policies.
Policy TR -17
Support establishment of federal and state gasoline taxes at levels, which provide a
disincentive for use of single- occupant vehicles, and use the proceeds to fund increased
transit and other travel alternatives.
Current Staff Initiatives
Within this policy, the City's primary concern is creating funding for transportation
improvements. As such, Bellevue's present legislative agenda includes supporting initiatives
that establish federal and state gasoline taxes at levels that will provide adequate funding for
transportation improvements that keep pace with our region's and community's growth.
Recommendation
In light of the focus on funding shortfalls in transportation projects, the following
modification of Policy TR -17 is recommended:
Support establishment of federal and state gasoline taxes at levels to provide
adequate funding for transportation improvements that keep pace with our region's
and community's growth.
Bellevue Transit Plan Update
YT'II -18
Policy Element —6/ 2/2003
POLICY ELEMENT
Policy TR -86
Support joint projects, including the contribution of City matching funds, with adjoining
cities, unincorporated King County, the transit provider, or the state, where such
partnerships may help establish or accelerate a project beneficial to the City.
Current StafInitiatives
The City of Bellevue recognizes the value of partnerships for bringing projects to fruition.
There are a number of examples of funding partnerships including the development of two
Transit Signal Priority projects on NE 8 in Bellevue.
Recommendation
No language changes to Policy TR -86 are recommended at this time.
Roadway Network Policies
Bellevue's street system has to be able to support transit as well as private auto and
commercial traffic. As such, the City also considers transit when applying street system
policies.
Policy TR -39
Classify City streets according to their function, so that needed traffic capacity may be
preserved, and planned street improvements will be consistent with those functions.
Current Staff Initiatives
As part of the development of the Bellevue Transit Plan, transit corridors classifications have
been developed to provide an objective framework for prioritizing of transit projects
outlined in the plan. This is included in Appendix H of the Capital Element.
Recommendation
Continue to use the developed transit corridor classification in evaluating transit- related
projects as well as in consideration of land -uses adjacent to transit corridors. No language
changes to Policy TR -39 are recommended at this time.
Bellevue Transit Plan Update
XT-71-19 Polity Element — 6/2/2003
POLICY ELEMENT
Policy TR -34
Observe the following guidelines in adopting and revising arterial level of service
standards by Mobility Management Area:
1. Reflect the availability of alternative travel options and community goals that may be
as important as managing congestion, such as goals for land use, neighborhood
protection from wider streets, or economic vitality. For example, allow more
congestion in some areas of the City under the following conditions:
• In return for stronger emphasis on transit, walking, and other alternatives to the
single- occupant vehicle, and
• Where the impacts of wider streets are judged to be worse than the congestion
they are designed to solve.
2. Establish roadway levels of service adequate to prevent system failure and to protect
residential neighborhoods from cut - through traffic.
Current Staff Initiatives
Bellevue staff is conducting the Eastside Concurrency Study that is exploring opportunities
to allow more congestion in some areas of the City in return for stronger emphasis on
transit, walking, and other alternatives to the single- occupant vehicle.
Recommendation
No additional staff initiatives or language changes to Policy TR -34 are recommended at this
time.
Transit System Planning
With regard to overall planning of the transit system, Bellevue recognizes that transit needs
to be incorporated with existing and planned Land -uses as well as adjacent neighborhoods.
Policy TR -76
To promote transit use and achieve land use objectives, transit system planning shall
include:
• Provision of supportive land uses, including mixed use and night -time activities;
• A safe, pedestrian - friendly environment, with restrictions on auto access;
• Integration of multiple access modes, including buses, carpools and vanpools,
bicycles and pedestrians;
• Urban design and community character;
• Protection of nearby neighborhoods from undesirable impacts; and
• Potential transit - oriented development opportunities with the private and public
sectors. [Amended Ord. 5058, 5247]
Current Staff Initiatives
The Downtown Subarea Plan and Downtown Implementation Plan, which are being
updated, encourage mixed use and nighttime activities and other transit - oriented
Bellezwe Transit Plan Update XT'II- 20 Polity Element — 6/2/2003
POLICY ELEMENT
development. The West Lake Hills Neighborhood Investment Strategy (NIS) examined the
area's community character and made recommendations to reinforce its character.
Bellevue will initiate study of transit- oriented development (TC)D) outside of the Downtown
area.
Recommendation
Recommended staff initiatives in support of this policy:
1) Continue to construct and upgrade sidewalks in neighborhoods where they fit the
neighborhood's character and provide access to transit stops.
2) Examine opportunities for transit- oriented development when updating the Eastgate
and Crossroads Subarea Plans.
3) If additional NIS's are funded in the future, they should examine providing access to
transit in ways that strengthen the neighborhood's character.
4) Continue to look for opportunities for stronger midblock pedestrian connections in
the Downtown.
Proposed language change to Policy TR -76 to better reflect the policy's intent:
To promote transit use and achieve land use objectives, planning shall include consideration
of:
• Provision of supportive land uses, including mixed use and nighttime activities;
• A safe, pedestrian- friendly environment, with restrictions on auto access;
• Integration of multiple access modes, including buses, carpools and vanpools,
bicycles and pedestrians;
• Urban design and community character;
• Protection of nearby neighborhoods from undesirable impacts; and
• Potential transit - oriented development opportunities with the private and public
sectors.
Bellevue Transit Plan Update XI "1121 Po/ig Element — 6/2/2003
Policy Reference
Number
Additional Staff
Initiative
Suggested
Language Change
Policy TR -7
x
Policy TR -8
x
Policy TR -9
x
Policy TR -13
x
Policy TR -17
x
Policy TR -39
x
Policy TR -48
x
Policy TR -50
x
Policy TR -53a
x
Policy TR -57
x
Policy TR -70
x
Policy TR -70b
x
Policy TR -70d
x
Policy TR -70e
x
Policy TR -73a
x
Policy TR -76
x
x
POLICY ELEMENT
Conclusions
As outlined in this chapter, the City has undertaken a number of initiatives to support the
Comprehensive Plan's vision for transit in Bellevue. However, this chapter also provided
suggested additional policy strategies and language changes that the City should consider to
ensure its continued support its transit vision. Table XVII -1 provides a reference of specific
Comprehensive Plan policies where additional staff initiatives of language changes have been
proposed.
Bellevue Transit Plan Update
Table XVII -1
Policy Summa
XI '11-22 Police Element — 6/2/2003
Sections:
18.28.010 Purpose
18.28.020 Permitted Uses
18.28.030 Accessory Uses
18.28.040 Conditional Uses
18.28.050 Unclassified Uses
18.28.060 On -Site Hazardous Substances
18.28.070 Design Review
18.28.080 Basic Development Standards
Washington
Ordinance No.
Zoning Code Amend in TUC 4/5/05 Page 1 of 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DEFINING TRANSIT - ORIENTED DEVELOPMENT
HOUSING; ADOPTING REVISED REGULATIONS GOVERNING MULTI-
FAMILY HOUSING IN THE TUKWILA URBAN CENTER IN ORDER TO
ALLOW TRANSIT - ORIENTED DEVELOPMENT IN PROXIMITY TO THE
SOUNDER COMMUTER RAIL/AMTRAK STATION; REPEALING
ORDINANCE NOS. 1758 §1 (PART); 1814 §2; 1830 §20, 21, 22; 1865 §34 AND
35; 1872 §7; 1971 §12; 1974 §5; 1976 §49, 50 AND 51; 1986 §9; 1989 §7; 1991 §4;
2005 §9 AND 2021 §4, AS CODIFIED IN TMC CHAPTER 18.28; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
CHAPTER 18.28
TUKWILA URBAN CENTER (TUC) DISTRICT
WHEREAS, the City Council desires to define Transit- Oriented Development (TOD)
Housing in the Zoning Code; and
WHEREAS, the City Council desires to allow TOD _housing within the Tukwila
Urban Center (TUC) District, subject to certain requirements, procedures and conditions;
and
WHEREAS, the City Council desires to amend the basic development standards in
the TUC to include TOD housing;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Transit - Oriented Development Housing Defined. A new definition is
hereby added to Tukwila Municipal Code Chapter 18.06, "Definitions," to read as
follows:
18.06.843 Transit - Oriented Development (TOD) Housing
"Transit- Oriented Development (TOD) Housing" means a multiple -
unit housing or mixed -use project including multiple -unit housing that
is located near transit services and thus encourages people to decrease
their dependence on driving.
Section 2. Regulations Amended. To amend regulations governing multi - family
housing in the Tukwila Urban Center in order to allow transit- oriented development in
proximity to the Sounder Commuter Rail/ Amtrak Station, TMC Chapter 18.28 is
hereby amended to read as follows:
18.28.010 Purpose
This district implements the TUC Comprehensive Plan designation. It is intended
to provide an area of high- intensity regional uses that include commercial services,
offices, light industry, warehousing and retail uses. Development is intended to be
pedestrian friendly, with a strong emphasis on a safe and attractive streetscape.
18.28.020 Permitted Uses
The following uses are permitted outright within the TUC district, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer
or used car sales lots. No dismantling of cars nor travel trailers nor sale of used parts
allowed.
3. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or poolrooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenter shops employing less than five people.
10. Commercial laundries.
11. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a building
that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
17. Financial:
a. banking;
b. mortgage;
c. other services.
18. Fix -it, radio or television repair shops/ rental shops.
19. Fraternal organizations.
20. Frozen food lockers for individual or family use.
21. Greenhouses or nurseries (commercial).
22. Heavy equipment repair and salvage.
23. Hotels.
Zoning Code Amend in TUC 3/31/05 Page 2 of 7
24. Industries involved with etching, film processing, lithography, printing, and
publishing.
25. Internet data /telecommunication centers
26. Laundries;
a. self- serve;
b. dry cleaning;
c. tailor, dyeing.
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or packaging of foods, including but not
limited to, baked goods, beverages (except fermenting and distilling), candy, canned or
preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(no slaughtering).
29. Manufacturing, processing and /or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
30. Manufacturing, processing, and / or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur,
furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood.
31. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
32. Medical and dental laboratories.
33. Mortician and funeral homes.
34. Motels.
35. Offices, including:
a. medical;
b. dental;
c. government; excluding fire and police stations;
d. professional;
e. administrative;
f. business, such as travel, real estate;
g. commercial.
36. Outpatient, inpatient, and emergency medical and dental..
37. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
38. Pawnbrokers
39. Planned shopping center (mall).
40. Plumbing shops (no tin work or outside storage).
41. Railroad tracks (including lead, spur, loading or storage).
42. Recreation facilities (commercial - indoor) athletic or health clubs.
43. Recreation facilities (commercial - indoor), including bowling alleys, skating
rinks, shooting ranges.
44. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
45. Restaurants, including:
a. drive - through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
Zoning Code Amend in TUC 3/31/05 Page 3 of 7
46. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
47. Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
48. Schools and studios for education or self improvement.
49. Self - storage facilities.
50. Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
51. Studios - art, photography, music, voice and dance.
52. Taverns, nightclubs.
53. Telephone exchanges.
54. Theaters, excluding "adult entertainment establishments ", as defined by this
Code.
55. Warehouse storage and /or wholesale distribution facilities.
56. Other uses not specifically listed in this Title, which the Director determines to
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.28.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and
clearly incidental to such permitted use, are allowed within the TUC district.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2
decision; criteria are listed at TMC 18.50.060.
3. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide
a safe passenger loading zone.
5. Home occupation.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
18.28.040 Conditional Uses
The following uses may be allowed within the TUC district, subject to the require-
ments, procedures, and conditions established by the Conditional Use Permits chapter
of this title.
1. Amusement parks.
2. Bed - and - Breakfast lodging; must be located on property adjacent to and not
greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond.
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
be:
Zoning Code Amend in TUC 4/1/05 Page 4 of 7
7. Dwelling - Multi- family units (max. 22.0 units /acre except senior citizen
housing which is allowed to 100 units /acre, as a mixed -use development that is non-
industrial in nature); must be located on property adjacent to and not greater than 500
feet from the Green River, Tukwila Pond, or Minkler Pond.
8. Transit - oriented development housing (which is allowed to 65 units/ acre as a
mixed -use development that is non - industrial in nature); must be located on property
adjacent to and not greater than one - quarter mile from the Sounder Comm ter
Rail/ Amtrak Station property.
9. Drive -in theaters. 01e01 10. Electrical bs ations - distribution.
substations
11. Fire and police stations.
12. Hospitals, sanitariums, or similar institutions.
13. Manufacturing, processing and / or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal,
engraving, galvanizing and hand - forging.
14. Park and ride lots.
15. Radios, television, microwave, cellular or observation stations and towers.
16. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
17. Schools, preschool, elementary, junior or high schools, and equivalent private
schools.
18.28.050 Unclassified Uses
The following uses may be allowed within the TUC district, subject to the
requirements, procedures and conditions established by TMC Chapter 18.66,
"Unclassified Use Permits."
1. Airports, landing fields and heliports (except emergency sites).
2. Conversions of rental multi- family structures to condominiums or owner -
occupied multi- family housing, but excluding the construction of new condominium or
owner- occupied multi- family housing.
3. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
4. Hydroelectric and private utility power generating plants.
5. Landfills and excavations which the responsible official, acting pursuant to the
State Environmental Policy Act, determines are significant environmental actions.
6. Mass transit facilities.
18.28.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or hazardous waste
treatment and storage facilities shall be permitted, unless clearly incidental and
secondary to a permitted use. On -site hazardous waste treatment. and storage facilities
shall be subject to the State siting criteria (RCW 70.105).
18.28.070 Design Review
Zoning Code Amend in TUC 4/1/05 Page 5 of 7
0 1
Design review is required for all commercial structures larger than 1,500 square
feet, and for all structures containing multi- family development. Commercial
structures between 1,500 and 2,500 square feet and multi- family structures up to 1,500
square feet will be reviewed administratively. Design review is also required for certain
exterior repairs, reconstructions, alterations or improvements to buildings over 10,000
square feet.
Lot area per unit (multi- family,
ept senior citizen and TOD),
(,�� d n�r
2,000 sq. ft.
Setbacks to yards, minimum:
• Front
15 feet
• Second front
15 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
-1st floor
10 feet
- 2nd floor
20 feet
- 3rd floor
30 feet
• Rear
10 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
-1st floor
10 feet
- 2nd floor
20 feet
- 3rd floor
30 feet
Height, maximum
115 feet
Landscape requirements, minimum
See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for
further requirements
• Front
15 feet; required landscaping may
include a mix of plant materials,
pedestrian amenities and features,
outdoor cafe -type seating and
similar features, subject to approval
as a Type 2 special permission
decision.
• Sides
None
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
• Rear
None
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
Recreation space
200 sq. ft. per dwelling unit,
1,000 sq. ft. min.
Recreation space, senior citizen
housing
100 sq. ft. per dwelling unit
Off Street Parking
• Residential (except senior citizen
housing)
See TMC Chapter 18.56, Off street
Parking /Loading Regulations
• Office
3 per 1,000 sq. ft. usable floor area
minimum
• Retail
4 per 1,000 sq. ft. usable floor area
minimum
• Manufacturing
1 per 1,000 sq. ft. usable floor area
minimum
• Warehousing
1 per 2,000 sq. ft. usable floor area
minimum
• Other uses, incl.
senior citizen housing
See TMC Chapter 18.56, Off -street
Parking /Loading Regulations
18.28.080 Basic Development Standards
Development within the TUC district shall conform to the following listed and
referenced standards:
TUC BASIC DEVELOPMENT STANDARDS:
``it' k •
Zoning Code Amend in TUC 3/31/05 Page 6 of 7
• TOD housing
1 per one bedroom unit
2 per unit with two plus bedrooms
Performance Standards: Use, activity and operations within a structure or
a site shall comply with (1) standards adopted by the Puget Sound Air
Pollution Control Agency for dust, smoke and other airborne
pollutants, (2) TMC Chapter 8.22, "Noise ", and, (3) adopted State and
Federal standards for water quality and hazardous materials. In addition,
all development subject to the requirements of the State Environmental
Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse
environmental impacts have been adequately mitigated.
Section 3. Repealer. Ordinance Nos. 1758 §1 (part); 1814 §2; 1830 §20, 21, 22; 1865
§34 and 35; 1872 §7; 1971 §12; 1974 §5; 1976 §49, 50 and 51; 1986 §9; 1989 §7; 1991 §4;
2005 §9 and 2021 §4, as codified in TMC Chapter 18.28, are hereby repealed.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY O ,TUKWILA, WASHINGTON,
at a Regular Meeting thereof this ! . day of (1 A , 2005.
AT EST/ AUTHENTICATED:
L �f(Li
J he E. Cantu, CMC, City Clerk
APPROVED AS -PIS ►' M BY:
Office of the City o ney
Zoning Code Amend in TUC 3/31/05 Page 7 of 7
Steven M. Mullet, Mayor
Filed with the City Clerk: 5- -3 /- C S
Passed by the gty Council:
Published: g - (i' S'
Effective Date: `/ /. - (LC
Ordinance Number: ? o `c /