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HomeMy WebLinkAboutCOW 2017-09-11 COMPLETE AGENDA PACKETTukwila City Council Agenda ❖ COMMITTEE OF THE WHOLE ❖ r P Allan Ekberg, Mayor Counci/members: •:- Joe Duffie Verna Seal David Cline, City Administrator -- Kathy Hougardy •:- De'Sean Quinn Dennis Robertson, Council President Kate Kruller •:- Thomas McLeod Monday, September 11, 2017; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL Update from the Public Safety Plan Siting Advisory Committee. Pg.1 PRESENTATION Tod Bookless, Chair, and Kathleen Wilson, Vice Chair. 3. PUBLIC At this time, you are invited to comment on items not included on this agenda COMMENTS (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. SPECIAL ISSUES a. Update on Community Connectors. Pg.11 b. City legislation updating the Tukwila Municipal Code (TMC) relating to Pg.25 code enforcement and violations: (1) An ordinance reenacting TMC Chapter 8.45, 'Enforcement." Pg.31 (2) An ordinance establishing a new TMC Chapter 8.48, 'Unfit Pg.47 Dwellings, Buildings and Structures." (3) An ordinance incorporating code amendments related to updates to Pg.53 TMC Chapter 8.45, 'Enforcement." (4) A resolution adopting a fee schedule related to TMC Chapters 8.45 Pg.71 and 8.48. c. 2017 annual Comprehensive Plan amendment for the Transportation Pg.75 Element. 5. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 6. MISCELLANEOUS 7. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This agenda is available at www.tukwilawa.ci , and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.aov) HOW TO TESTIFY When recognized by the Presiding Officer to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1 st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. City of Tukwi PUBLIC S Siting Advisory Committee Report to Council - September 11, 2017 N Public Safety Plan Siting Advisory Committee Purpose: "The Tukwila City Council and Administration share the common goal of ensuring robust community engagement regarding the siting of the facilities included in the Public Safety Plan. As such, the City will appoint and staff a Siting Advisory Committee that will provide input and advice to City officials throughout the siting process..." Public Safety Plan Siting Advisory Committee Responsibilities: • Meet regularly to review outreach efforts, provide advice on strategies and tactics for outreach, and key audiences. • Participate in public outreach efforts such as town hall meetings, review feedback generated by the community and verify that common themesTheard from the community_ are being incorporated into siting decisions and facility plans when feasible. • Provide the City Council with feedback about the physical siting process and outcomes. • Provide the City Council with outreach advice, such as reviewing materials and identifying other groups to contact. • Review potential sites and provide feedback. Public Safety Plan Siting Advisory Committee Activities to Date: May 31, 2017 Orientation June 28, 2017 Fire Station Location Study; Potential Siting Areas; August Open House Preview; Bylaws July 26, 2017 Justice Center Overview; Potential Sites; August Open House August 10, 2017 Public Safety Plan Open House and Ice Cream Social August 30, 2017 Potential Sites; Prepare for Presentation to Council 01 Project Milestones Open Houses Ongoing Outreach Community Connectors Related Events Draft Tukwila Public Safety Bond Outreach Schedule 2017 Jan Feb Mar Apr May Jun Key topics: • Siting criteria discussion • Fire station siting process • Justice center programming • Facility shop space req's PI nning 6 In-person open house Online open hou Rad show Notifications/education Jul Aug Sep Oct Nov Dec Key topics: • Feedback heard • Fire station site options • Justice center siting process and site options • Facility shop areas Planning In-person open house Online open house Road show Notifications/education Plann g Key topics: • Feedback heard • Fire station design plans • Justice center design plans • Facility shop site options in-person open house Online open house Notifications/education Road show Project website updates Response to public inquiries: phone, email and in person As sdieduled or requested: • Mayor and City Council briefings • Neighborhood meetings • Key stakeholder briefings • Informational tables • Committee/commission briefings • Youth engagement • Site tours Kiey milestone communications: • Press releases • Postcard naffina • Email updates • Newsletter articles • TukTV • Tukwila Reporter City pages • Hazelnut • Social. media posts • Kid mail • E -Hazelnut Connector outreach Feb. 23-25 • 118 Design Charrette 6/28/2017 PSP General Outreach Schedule Outreach and Engagement Methods • Flyering • Community Connectors • Postcard • Posters • E -Hazelnut • Social Media • City website • Community groups and meetings • Tukwila Reporter August Open House — Update, meet the architects, see possible siting areas. h • In-person open house August loth, 5:30-7:30 at Fire Station 54 • 83 community members and families signed in, estimated 150 total attendees • Ice cream social, children's activities • Fire, Police, Public Works equipment on display • Online open house • 62 unique users • Internal Outreach • Go to department/division meetings Fire Station Comments Showcase the trucks • Fit in with neighborhood and traffic • Glazing in bays and door Justice Center Similar de_ sign elements among all stt©ns • Be mindful of diversity, especially around TIB Eco -friendly, conserve energy • Serve needs of fire liters General • Not too sterile or prison like. What are other people saying? Want to see some..desi Justice Center onTIB mOutreach Feedback • Multiple avenues for giving/receiving feedback • Open house was welcoming, non - intimidating • Good to have kids activities, food • In November, would be good to have design options for people to see and provide feedback on • Promotion for the August open house worked well • The online open house is a great tool • Outreach methods were good • It was good to try different days in March and August Siting Process Feedback • Process • The siting criteria analysis • Fire Station Location Study • Outcomes • We like to see City development help neighborhoods and improve visibility of City services • Prominent locations • Response times • Minimize displacement/relocation Co uNcm AGENDA S YNopsis ----------- ---_a_...-,- __,---- ­-Inilials ­­ ----------- ­­­­ ------- ITEMNO. Nleeliq Dale I lnparcd 411.11e.401"C re2jew C-oum il reiiew 09/11/17 MN 4.A. ITEM INFORMATION 11 IS]AFF SK)N,1;()R: MIA NAVARRO OR16INAL A(;I`NI)A DXFF; 09/11/17 A(;I,NI)A 1*11"14IT1`1A: Community Connectors Program Update Cxn:(;()In, Z Discussion El .11o1` on E] Resolution ❑ OmYnewwe Bi(L-hvai-d [:] Public Hewit�g 0 01h Ali ;,A 1�g Date ,g Date 9111117 11�g Dale All� Dak Altg Date A 1tg Oale A 1tg Date SPONSOR E] Couna/ E]A1q),or E]HR E]D(J) Elf"inemce Ell' 'u -e 07:S 01)c�-R ElPolice 0111" SI,()\,S(*'S Tukwila's award-winning Community Connector program improves outreach to residents S1 1ttrlt�` historically underrepresented in civic processes by contracting with people from various language, ethnic, and age groups to act as liaisons between their community and the City. The program began in 2013, and since then, has undergone several staff changes among the partner agencies. This is an update on the program to date, and plans for the program goiN forward. El COAN`. m1g. Z CDN Comm E 1Kinancc Conim. ❑ Public SafetN, Conim. OTrans &Jnfrastructure E] Arts 0-mi-im. I'larks Comm. E] Planning Comm. MIT',": 08/28/17 HOUGARDY RECOMMENDATIONS: SJ1()\'S()R/,A13,N1IN. Mayor's Office Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 09/11/17 MTG. DATE ATTACHMENTS 09/11/17 Informational Memorandum dated 8/21/17 Tukwila Community Connector Program August 2017 Update Minutes from the CDN Committee of 8/28/17 11 12 Ci!y Rf Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Mia Navarro, Community Engagement Manager CC: Mayor Ekberg DATE! August 21, 2017 ISS11E Tukwila's award-winning Community Connector program improves outreach to residents historically underrepresented in civic processes by contracting with people from vanous language, ethnic, and age groups to act as liaisons between their community and the City, The program began in 2013, and since then, has undergone several staff changes among the partner agencies. This is an update on the program to dae, and ideas for the program going forward. BACKGROUND Please see attached presentation FINANCIAL -Mil PACT The annual budget for this program is $32,500. It is in the 2017-2018 budget. RECOMMENDATION The Community Development and Neighborhoods Committee and Council are being updatei- on the Community Connector program to date, and ideas for the program going forward. This presentation is scheduled to go before the Committee of the Whole on September 11, 2017. ATTACHMEATS -Tukwila Community Connector Program August 2017 Update 13 I 15 17 C- C - LA sLA O r� a� U- _0 C: C: O � V E O cm O ra 0 V. O ^n W Ln O CL O M a� M C!1 V Ln Ln Ln .., .. 1 .5 ro E +-j c: C: 0 C: _0 _j 0 C: 0 u f -O 0-) C: 4-j C: 0 � 19 ru Lu 00 19 KIC 0 Ln ro Ln ro ru ru ru Ln ru C)L cm cm 0 Ln Ln KIC 0 Ln ro ru ru ru KIC 21 22 City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes August 28, 2017- 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kathy Hougardy, Chair, Verna Seal, Kate Kruller Staff: Jack Pace, Mia Navarro, Nora Gierloff, Laurel Humphrey Guests: Pam Carter, resident CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Community Connectors Program Staff briefed the Committee on the Community Connectors program which aims to improve outreach to residents historically underrepresented in civic processes by contracting with individuals from various groups to act as liaisons between their community and the City. The program began in 2013 and has an annual budget of $32,500. There are currently 8 Connectors, including 2 Hispanic, 2 Somali, 1 Burmese, 1 Ethiopian/Eritrean, 1 senior, and 1 youth. Staff is evaluating the program structure to determine if resources or capacity should be increased to provide more training and a broader reach. Councilmembers asked clarifying questions. Councilmember Seal suggested that the presentation to the Committee of the Whole include information on the 2017-2018 budget and expenditures. Councilmember Kruller stressed the importance of metrics for program evaluation. DISCUSSION ONLY. B. Accessory Dwelling Units Survey Results Earlier this year the Council directed staff to return with policy considerations for updating the Accessory Dwelling Unit (ADU) zoning standards. As part of this, staff conducted a public outreach campaign that included a survey. Of 165 responses, a majority supported making changes. Staff is seeking Council direction on next steps. Policy options to consider include allowing detached ADUs, reducing the lot area requirement from 7,200 sf, increasing the attached ADU size limit, removing owner occupancy requirement, reducing parking, and prohibiting or allowing short term rentals. Councilmember Kruller asked for additional information on what similarly sized cities are doing, including their implementation plan, fee structure, and enforcement. The Committee requested that the full Council receive this presentation and discuss policy options prior to Planning Commission review. Staff will work to find an appropriate date. Chair Hougardy stated that the Council should study the background materials in order to have a productive discussion. UNANIMOUS APPROVAL. FORWARD TO AUGUST 28, 2017 COMMITTEE OF THE WHOLE. 23 24 C`OuNcm AGENDA S YNopsis------------------------- ----------------------------- ITEMNO. 11 etirl 77 rte Pae �7rerl by .Wayor.f reNrip C"onmil rei)iem 09/11/17 NG LR 4.B. 09/18/17 NG ITEM INFORMATION 25 S'I'AF1`S1'()NS0R: NORA GIERLOFIF I 0R1(;1NALiV'N`N1)_\ Dxrj�": 9/11/17 ,V',FNI)A T111,1' Updates to TMC 8.45 Enforcement and referencing code sections Z 1X, -"1.o104 0,1101i(jn Z Refoblfion Z Ordinance F-1 Bid _­Iward � 7 Pubb,- I 01her ,A 1/7 iLly, 1),zle U/ 0,as, 1�g I)a/p 9111117 Dale, VI 0,m, 0,m, 9118117 Al1�, Dal, 0911811 l SP()NS()R 0001M671 E]HR Z1)(,1) E]Vire' E:]']'J' EIP&1Z 01)wi,�V, ElCoud S11(,)NS(R'S The proposed ordinances would update and streamline the code enforcement process by SUMMARY repealing and replacing TMC Chapter 8.45 and updating other Tukwila Municipal Code sections that reference it. The resolution would remove appeal fees from the TMC and adopt them separately to prepare for a city-wide fee resolution being prepared by Finance. Rj \'ji,A\ ri) m, ®[..o.\\; 26 City of Tukwila Allan Ekberg, Mayor TO: Public Safety Committee FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: August 29, 2017 SUBJECT: Code Enforcement Process Update ISSUE Should TMC Chapter 8.45 and other code sections that reference it be revised to update and streamline the code enforcement process? BACKGROUND TMC Chapter 8.45 Enforcement contains two alternatives for enforcing violations of the Tukwila Municipal Code — civil infractions and violation notice and orders. Either process is available to the City staff pursuing the violation. The proposed changes would move all future DCD Code Enforcement actions to the Notice of Violation process. Civil infractions would still be available • the Police Department, in the past our Code Enforcement Officers had received limited commissions from the Police Department and used a police ticket book to write civil infractions (fines) for some code violations. This was cumbersome for Code Enforcement, confusing for the public who received what looks like a traffic ticket in the mail and required that these infractions pass through the Police Department before moving to the Municipal Court. Code Enforcement has been working with the Prosecutor and City Attorney to develop a more streamlined and effective enforcement process, DISCUSSION After reviewing the current code provisions Code Enforcement staff and the City Attorney have developed a more efficient approach using the Notice of Violation and Order process, Appeals are held by the Hearing Examiner so do not require the involvement of the Police Department or the Courts, speeding review times. Other changes include: • Codifying our current practice of sending a courtesy "Request for Compliance" letter on new violations • Adding a repeat violator clause that allows us to move directly to a Notice of Violation with increased penalties • Removing the extra step of issuing an Emergency Order for urgent violations • Moving appeal fees into a separate fee resolution so that they can eventually be included in a Citywide fee schedule • Increasing appeal fees to cover the City's cost as they were unchanged since 2006 • Adding a Notice of Assessment to provide due process for appeals of fines • Creating a separate Chapter 8.48 for the Unfit Dwellings, Buildings and Structures regulations • Updating references to Chapter 8.45 and removing certain references to civil infractions throughout the Tukwila Municipal Code 27 ILI 0 '20 k I A 0 A 0 FINANCIAL IMPACT No budget changes requested. RECOMMENDATION The Council is being asked to approve the ordinances and resolution and consider these items at the September 11, 2017 Committee of the Whole meeting and on the consent agenda, at the subsequent September 18, 2017 Regular Meeting. ATTACHMENTS A. Code Enforcement Process Flyer B. Ordinance Repealing and Replacing TMC 8.45 C. Ordinance Establishing a new Chapter 8,48 D. Ordinance Amending Various TMC Sections that Reference TMC 8.45 E. Appeal Fee Resolution 28 Z:Council Agenda ItemsOMPS 9-5-17 CE Ordinances,dou TUKWILA Departmel o' Counity Developmen: CODE ENFORCEMENT -FLOWCHART CITY OF TUKW LA M. w, Inspection 30 A IT A a E A :U11191,141NIVOW 4111:8:101101.u."gla 1.161:4mayl a -.1,11 It I yffm "' - -'E _F_ I 101-4-911Fiom Tim" WHEREAS, the City Council finds that effective enforcement of Tukwila's municipal code is essential to maintaining and enhancing the quality of life in the City; and WHEREAS, the City Council desires to update and streamline the enforcement process for code violations, ►while maintaining due process for property owners, residents and businesses; and WHEREAS, addressing most code violations through the Notice of Violation and Order process will allow for more timely and efficient resolutions-, and WHEREAS, the City Council desires to provide an accelerated enforcement process with higher penalties for repeat code violators; and WHEREAS, the City Council desires to retain the ability of Code Enforcement Officers to tailor enforcement penalties and timelines to address the specific facts of a case, while maintaining consistency and predictability; and WHEREAS, the City Council desires to address unfit dwellings, buildings and structures in a separate chapter of the Tukwila Municipal Code; and WHEREAS, as a procedural action, this ordinance is exempt from State Environmental Policy Act (SEPA) review; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing4Ordinances\TMC 8.45 - Enforcement reenacted 8-25-17 NG:bjs Page I of 16 31 Section 1. Repealer. Ordinance No. 1838 §2, as codified in multiple sections of Tukwila Municipal Code (TMC) Chapter 8.45, "Enforcement" (TMC Sections 8.45.010, ?-45.020, 8.45030, 8,45.040, 8.45050, 8.45.060, 8.45.070, 8A5.080, 8.45.090 and *.45.100), is hereby repealed. Section 2. Repealer. Ordinance No. 2120 §2, as codified at TMC Section 8.45.090, "Appeal to Hearing Examiner," is hereby repealed. Section 3. Repealer. Ordinance No. 2125, as codified in multiple sections of TMC Chapter 8.45, "Enforcement" (TMC Sections 8.45.010, 8.45.040, 8.45045, 8.45.050, 8.45.060, 8A5.080, &45090, 8.45.100 a!nd 8.45.105), is hereby repealed. Section 4. Repealer. Ordinance No. 2373, as codified at TMC Section 8.45.030, olations," is hereby repealed. Section 5. TMC Chapter 8.45 Reenacted. Tukwila Municipal Code (TMC) Chapter i -A5 is hereby reenacted to read as follows: 1.1941 =0 8,45. ','-,020 Violations 8.45. '4-,-030 Enforcement 8.45-040y! Voluntary Correction and Limited Right to Enter Property 8,45.050 Investigation and Reguest for Compliance 8.45.060 Civil Infraction 8A5080 Repeat Violations 8.45.47,0090 Stop Work Orr- . e.45GgGl 00 AbatementEmeFgeRGY QFdeFS 8.45.0-gGl 10 Appeal To Hearing Examiner 8,45.4-GG120 Penalties 8.45. 130 Abatement by the City jV s +-,4 ,4 V, P44` 5- L W: Word Processing\0rdinances\7IVIC 8,45 -Enforcement reenacted 8-25-17 NGbjs 32 MOEN! =. -- The purpose of TMC Chapter 8.45 is to establish an efficient system to enforce the development, land use, and public health regulations of the City- to provide an opportunity for a prompt hearing and decision on alleged violations of these regulations; to establish penalties for violations, including abatement of any affected properties; and to collect all costs associated with abatement, including relocation assistance expenses, pursuant to TMC Chapter 8.46. 4,416,4' 4 ", R 4 J t _4A �_ T,4 'q'I Section 7. TMC Section 8.45.020 is hereby reenacted to read as follows: INIM M NO MIS 104 "141111ta"I Ime 1124 MAILTA� IMIMMM110111� M-11 6 speci ic provision shall apply. addition to specific civil violations enumerated throughout the Tukwila Municipal Code, the followinq actions are Unlawful and are subiect to enforcement MM* s711 .8 a 0 all 00- 0 a of, 0 0 .04 WWord Processing\Ordinances\TMC 8.45 -Enforcement reenacted 8-25-17 NG:bjs Page 3 of 16 33 v issued under TAAC,, 8AWN Mew als, 't', + -ae AMA NARpripal code as novv 14" eff Chapter Tille "P k':3 4 4.'"' *'- (N fl, A, -4 A441--- F 4 ca a�st Q, I,-, - --�i Management 41,cmn S. ewl L ,D4 jy tom/ 1- 1lk,21, P! Cod? W: Word Processing\Ordjnances\TMC 8,45 -Enforcement reenacted 8-25-17 NGjs 34 Flafel 1 111111 11, ■ APPLICABILITY. While it is the City's desire to obtain voluntary correction pursuant to TMC Chapter 8.45, compliance is not a prerequisite for pursuing any of the other remedies for correction in TMC Chapter 8.45, or any remedies available in law or equity. This section may apply whenever the Code Enforcement Officer determines that a nuisance or code violation has occurred or is occurring. B. GENERAL. The Code Enforcement Ofter may attempt to secure voluntary correction by contacting the owner, occupier, tenant, manager, agent, or other person wkjand, ible for the condition V respons where possible, explaining the violation and requesting correction. W, Word ProcessinglOrdjnances\TMC 8,45 -Enforcement reenacted 8-25-17 NG:bjs Page 5 of 16 35 voluntary compliance. The Code Enforcement Officer may issue a written Request for Compliance in any manner reasonably sufficient to give notice to the person(s , ) responsible, such as b snail, e-mail or posting the Re nest on the subject property. The Code Enforcement. Officer mav, in his or her discretion, issue multiple Requests for Compliance in an attempt to resolve code violations prior to issuing a civil infraction, Notice of Violation and Order or taking other enforcement action, QL Nothing in this section prohibits the Code Enforcement Officer from immediately issuing a civil infraction, Notice of Violation and Order or taking other enforcement action -I without first issuing a Reguest for -Compliance, when the circumstances warrant more expeditious correction or when the person(s) responsible is a repeat offender. WIN For v ofations deemed civil infractions, if the Code Enforcement Officer has probable cause to believe that the applicable standards or requirements of the Tukwila Municipal Code have been violated, the Code Enforcement Officer may issue a civil infraction in accordance with Chapter 7.80 RCW, which is incorporated herein by this reference, upon thet person responsible for the condition. 1 !1111 111 ! SPUN Jill 11 III . III ! I I � 1111111 11 1 1�� ii l�ilillill , pi i Pill 1111 11 NOTICE OF VIOLATION AND ORDER: For all other civil violations of the Tukwila Municipal Code J u2on the Code Enforcement Officer determining that violation of the TMC exists, the Code Enforcement Officer may serve a Notice of Violation and Order upon the .?,i 1I - +1 person(s) -responsible for the condition. The P, H---,-i-:--Notice of Vilolation and Order shall contain the following information: 1 A clitation to the st code provision or requirement violated, along with a description of the specific violation presen -, 2. The corrective action, if any, that is necessary to comply with the standar&, code provision or requirement; 3. The date by which the corrective actiopleted by the persoble ("compliance date") 4. An explanation of the appeal process and the specific information required to file an appeal. W, Word Process ing\Ord in ances UlAC 8.45 -Enforcement reenacted 8-25-17 J 37 SER VICE OF A NOTICE OF VIOLATION AND ORDER: A Notice of Violation and Order shall be served on the owol�n, il-:-G�,,L,04 t or if after reasonable attempts personal se-rvice cannot be achieved, certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the Code Enforcement Officer make�- a person(s) may be made by: 1. Publishing the notice once each week for two consecutive weeks in the City's official newspaper; and 2. Mailing a copy of the notice to each person named on the V,!444GR-Notice of Violation and Order by first class mail to the last known address if known or, if unknown, to the address of the property involved in the proceedings; and c 3. A opy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible, (�C.AMENDMENT: A V Notice of Violation and Order may be amended at any time in order to - 1 , Correct clerical errors; or 2, Cite additional authority for a stated violation. J +Q� . ...... JI 11. -S ""4- -P -�S4� -4- j /Z T Q 4 L [Y4" C, 1"'Jn, Jk� j - !. ti fi {J i 4� 4." i�;Q. ORDER BECOMES FINAL UNLESS APPEALED: Unless an appeal is filed with the Code Enforcement Officer for hearing before the Hearing Examiner in accordance with TIVIC Section &45-049A 8,45.110, the Notice of Violation and Order shall become the final administrative order of the Code Enforcement Officer. E. RECORDING: A copy of the notice may be filed and recorded with the King County Recorder. W1- Word Processjng\OrdinanceslTMC 8.45 -Enforcement reenacted 8-25-17 NG_bjs Page 8 of 16 W 8.45.080 Repeat Violations A, DEFINITION: "Repeat violation" means a violaTion of the same or similar J �allotice of Violation and Order has been issued within two years, B, PROCEDURE The Code Enforcement Officer may immediately issue a Notice of Violation and Order when a repeat violation occurs. Q. PENALTY For repeat violations that occur within two years of a previous violation, the Code Enforcement Officer or Hearing Examiner may impose the following LtLa Ifies, I . For the first repeat violation, the penalty may equal up to $1,000 per day: 2For the second repeat violation, the penalty may equal up to $2,000 ppf (t qy I For the third repeat violation, the penalty may equal up, to $3iOOO per day� 4. For the fourth repeat violation,the penalt�y may e_quaf Lip to $4,000 per day,, and 5. For each additional re� violation that mayoccur. beyondthe fourth repeat violation, the penal!y may egual up to $5,000 per day. - III 111 11 !! I 1 1111111111111 R! � 1!!! 1 1111 11 111111 11 11111 11 , ���giffllmlrgmf- or both. The costs for the injunction or abatement, including any and all penalties and legal fees incurred by the City.. shall be recovered by the City from th- r- s person(s) responsible in the manner provided by law. W: Word ProcessingiOrdjnancesUMC 8 -45 -Enforcement reenacted 8-25-17 NG:bjs Page 9 of 16 39 V-iheReVer aRj' HSe OF aGtiVit'y' ;R Vi--"-+;__ -f +ke THkwila AAlJRiGiP@1 thl'--t—ills the healtha- safety of the the publir " F=-'�J ent Officer may issue aR E=Rqefqe-+��-94-del- he GGf!d4J1GR GaHSiRg the #4e@t t-- th- -Hb,lie health and safety -4k-, #— --FqPk@RGe @Rd -T#e--F---1.e,geR--,Y, Order shall speGify M, PS41— OR the PFOPeFty, "possible. Any condition or violation described In the EF:Re�geRGY QrdeFa Notice o Violation and Order w4iG-lh-that is not corrected within the time specified therein is hereby declared to be a public nuisance - The Code Enforcement Officer is authorized to enjoin or abate such nuisance summarily by any legal or equitable means as may be available. The City shall assess the cost of abatement, including any and all legal fees incurred by the City attendant thereto, and any fine levied jointly and severally against the responsible parties, the subject property or both. The costs for the injunction or abatement, including any and all penalties and legal fees incurred by the City, shall be recovered by the City from the person(s) responsible, in the manner provided by law, + r �t7' 17)rar� "I -9-C 2'-J" Jr�4 4)�A� 1-1'�'w -'q F, L4--' 4 -1 J, 11- %V 11 IF qI11111 Mily IIIJI�11 11 � 1 1111 11 JIM Ill, F 1 11111 Jill 1 111111 ffQ 'af V 'J 1. Sustain the Notice of Violation and Order; W: Word Processing�Ordinances\TMC 8.45 -Enforcement reenacted 8-25-17 NG:bjs Page 10 of 16 Hsi 3. Continue the review to a date certain for receipt of additional information; or 4. 41 Modify the ' �- --Notice of Violation and Order, which may include an extension of the compliance date. 114C. The Hearing Examiner shall issue a written decision within 14 days of the date of the completion of the review, and shall cause the same to be sent to the person(s) named on the V- 11�41L+&.1,1- Notice of Violation and Order under the same procedures described in TMC Section8.45.0 8.45i.070 or as otherwise directed by the appealing party. The decision of the Hearing Examiner shall be final and conclusive unless appealed. An appeal of the decision of the Hearing Examiner must be filed with superior court within 21 calendar days from the date the Hearing Examiner's decision was mailed to the person(s) responsible to whorn the Notice of Violation and Order was directed, o is thereafter barred.k 5,44 - . . .... . f L�4''�P_ J - I: i The 1-4 cost for transcription of all records ordered certified by, the superior court for such review shall be borne by the appellant. 1. Civil Infraction: �14, Each civil infraction shall carry with it a monetary penalty of $100.00 for the first violation, $175.00 for a second violation of the same nature or a continuing violation, and $250.00 for a third or subsequent violation of the same nature or a continuing violation. a. 1, 1p jv; 4 Notice of Violation 1 R R and Order shall carry with it a cumulative monetary penalty of$50G799 $250.00 per day for each violation from the compliance , i until compliance with the 4 -Notice of Violation and Order is achieved. ) _it;H" , aw OMML �' I MISS TISE a al- I W: Word ProcessinglOrdjnanceffMC 8.45 -Enforcement reenacted 8-25-17 NG:bjs Page 11 of 16 41 The Code Enforcement Officer shall have the discretion to impose penalties in an amount lower than those set forth aboveherein taking into account the mitigating factors described below. -- Ism, (1) Was the responsible party willful or knowing of the violation -u? 2) Was the responsible party Unresponsive in correcting the violation? 3) Was there improper operation or maintenance? (4) Does the violation provide economic benefit for noncompliance? (5) Does the discharge result in adverse economic im act to others? �6) Will cleanup activities be able to fully mitigate or remediate the (7) Is there a history of violations? (8) Fere there unforeseeable circumstances that precluded �'9) Did the responsible party make a good -faith effort to comply? 3. LiabifitZ for- Damages: In addition to any penalty that may be imposed by the City, any person violating or failing to comply with any of the Provisions of the TAwIla Municipal Code shall be liable for all damage to public or private property ;risjnq from such violation, including the cost of restoring the affected area to its condition prior to the violation. 4- Responsib[lity for violations of the codes enforced under this chapter and the penalties imposed in this section are joint and several, and the City is not grohibited from taking action against a party where other persons may also be potentially responsible for a violation, nor is the City re aired to take action against all persons potentially responsible for a violation. 5 Notice of Assessrnent.- Within 30 days of the compliance date, either set by a Notice of Violation and Order or an Order of the Hearn g Examiner, whichever is later, the Code Enforcement Officer shall issue a Notice of Assessment identifying the penalties imposed under this chapter for any remaining uncorrected violations, as well as any other costs and/or damages assessed against the person(s) responsible, pursuant to this chapter. Notices of Assessment shall be served in the same manner as service of a Notice of Violation and Order. a. Assessment Appeal: A person receiving a Notice of Assessment may appeal the fines stated therein within 10 calendar days after the date thenoticeis served. When the last day of the period SO COMPLIted is a Saturday, Sunday, or a Federal or City holfday, the period shall run until 4.30 Pm an the next business day. The request shall be in wrifingand include the appkable appeal fee as identified in the City's fee schedule adopted bV resolution of the City Council, Upon receipt of the appeal re nest, the Code Enforcement Officer shall schedule an appeal hearing before the Hearing Examiner. Notice of the hearing shall be sent to the appellant and/or theperson s) named on the W: Word Processing\OrdinancestTMC 8.45 -Enforcement reenacted 8-25-17 NG:bjs Page 12 of 16 WA Notice of Assessment under the same manner as the procedures described in TMC Section 8,45.0703, or as may be otherwise requested by thea ealin arty. b. Appeal Hearing: At or after the appeal hearing, the Hearing Examiner may SLIs4n the asses st-ne ntwithdraw the assessment if the violation(s) have been corrected or reduce the assessment amount. The Hearing Examiner shall issue a written decision within 14 days of the date of the completion of the review, and shall cause the same to be sent to the person(s) named on the Notice of Assessment Linder the same procedures described in TMC Section 8.45.0703, or as otherwise directed by the appealing party, c. The dectsion of the Hearin q Examiner shall be final and conclusive unless appealed. Any judicial review of the Hearing Examiner's order shall be brought in superior court within 21 days of issuance of the Hearing Examiner's decision. d, Subsegcent Notices of Assessment: The Code Enforcement Officer shall issue additional notices of assessment in 30 -day increments until a violation is corrected. Each subseguent notice of assessment may be appealed in the sarre manner as described in TMC Section 8.45.110; provided, however, that any such appeal shall be limited to only those penalties incurred since the issuance of the preceding Notice o Assessment, c6. The penalty imposed by this section under a Notice of Violation and V - Order may be collected by civil action brought in the name of the City. The Code Enforcement Officer may notify the City Attorney of the name of any person subject to the penalty, and the City Attorney may, with the assistance of the Code Enforcement Officer, take appropriate action to collect the penalty, including but not limited to attachment of a lien to the property. B. ADDITIONAL RELIEF: The Code Enforcement Officer may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the Tukwila Municipal Code. The remedies provided in TMC Chapter 8.45 are cumulative and shall be in addition to any other remedy provided by law. . .. ..... . t:," V'37 -"'n . A �4 'S, �C1,4,41--i],- v�'q V; a 1 ,4�J-�-6',' (Y, 00, 4� T ,f. ,..6 - - ---------- f J iz E 5, sz 'A �+4, --!44- 4P-44 �-'4 ax 4�,, 14 11- J 4 4�,S' -4�4' -44 ,--.�C. CONTINUED DUTY TO CORRECT. Payment of a monetary penalty pursuant to TMC Chapter 8.45 does not relieve the person to whom the Infraction or Notice of Violation and Order was issued of the duty to correct the violation. W: Word ProcessinglOrdinances\TMC 8.45 -Enforcement reenacted 8-25-17 NG:bjs Page 13 of 16 43 =.- 1 MEM40 1. The terms of the Voluntary Correction and Limited Right of Entry Agreement have not been met; or IG 2. A V�o4at' +),-Notice of Violation and Order has been issued and the required A and Order, I A written decision issued by the City's Hearing Examiner has not been complied with by the date specified in the written decision-, or 4. The nuisances or code violations are subject to summary abatement as provided for in TIVIC Section8.4 5 105 B-8.45 130 B. W: Word Processing\0rdInancesffMC 8,45 -Enforcement reenacted 8-25-17 NG.bjs Page 14 of 16 MI 1 . "Legal expenses," for purposes of TIVIC Chapter 8.45, shall include but are not limited to the following: a. Personnel costs, both direct and indirect, including attorney's fees and violations; b. Actual and incidental expenses and costs incurred by the City in preparing notices, contracts, court pleadings, and all other necessary documents required to abate nuisances and code violations, and c. All costs associated with retention and use of expert witness or consultants during the course of abatement. W: Word ProcessinglOrdinanceslTIVIC 8,45 -Enforcement reenacted 8-25-17 NG:bjs Page 15 of 16 ER .......... . . . . . . F, Section 21. E*ective 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. •A BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12017. Christy O'Flaherty, MMC, City Clerk _jVj #TA! M f 0] 1 to] 'all , LVIN F1111111111! I• Filed with the City Clerk: Passed by the City Council: Published: Effective mate; Ordinance Number: W: Word Processing\OrdinancestTMC 8.45 -Enforcement reenacted 8-25-17 NG:bjs DRAFT a *,V I 10 I Z M 1-01 z 10.4 :4 U1 147.2 IFTA -.14 b -I I 10 ICIWA L W: Word Processing\Ordinances\TMC 8-48 established 8-25-17 NG -Ibbs Page 1 of 6 47 CHAPTER 8.48 UNFIT DWELLINGS, BUILDINGS AND STRUCTURES Sections: 8.48.010 Additional Enforcement Mechanism for Unfit Dwellings, Buildings and Structures 8.48.020 Improvement Officer and Appeals Commission Designated 8.48.030 Improvement Officer Authority — Issuance of Complaint 8.48.040 Service of Complaint 8.48.050 Complaint Hearing 8.48,060 Determination, Findings of Fact, and Order 8,48.070 Appeal to Appeals Commission 8.48.080 Appeal to Superior Court 8.48,090 Recommendation/Penalties 8.48.100 Tax Lien 8.48.110 Salvage Section 3. The TMC section entitled "Additional Enforcement Mechanism" is hereby recodified as TMC Section 8.48.010, to read as follows: .44-0 8,48.010 Additional Enforcement Mechanism for Unfit Dwellings, Buildings and Structures A. In addition to, and in combination with, the enforcement methods set forth in TMC Chapter 8.45 and elsewhere in the Tukwila Municipal Code, unfit dwelling, building and structure violations, as defined by Chapter 35,80 v may be enforced under the provisions set forth in r k 1 1 3 "I this chapter, 1- f"ICAN B, RCW Chapter 35.80, "Unfit Dwellings, Buildings, and Structures", as it currently exists or is hereinafter amended, is hereby adopted. Section 4. The TMC section entitled "Improvement Officer and Appeals Commission Designated" is hereby recodified as TMC Section 8.48.020, to read as follows: &44-A-30 8,48.020 Improvement Officer and Appeals Commission Designated The Code Enforcement Officer, and the Code Enforcement Officer's designee, is designated as the City's "Improvement Officer," and shall have the full scope of authority granted to that official under Chapter 35.80 RCW. The City of Tukwila Hearing Examiner is designated as the City's "Appeals Commission," and shall have the full scope of authority granted to that commission under Chapter 35.80 RCW. W: Word ProcessinglOrdinances1TMC 8.48 established 8-25-17 NG:bjs Page 2 of 6 W Section 5. The TMC section entitled "Improvement Officer Authority — Issuance of Complaint" is hereby recodified as TMC Section 8.48.030, to read as follows: 8.45.4408.48.030 Improvement Officer Authority —Issuance of Complaint If, after a preliminary investigation of any dwelling, building, structure or premises, the Improvement Officer finds that it is unfit for human habitation or other use, the Improvement Officer may issue a complaint conforming to the provisions of RCW 35.80.030, stating in what respects such dwelling, building, structure or premises is unfit for human habitation or other use. In determining whether a dwelling, building, structure or premises should be repaired or demolished, the Improvement Officer shall be guided by the Tukwila Municipal Code and such other codes adopted pursuant to the Tukwila Municipal Code as the Improvement Officer deems applicable, in particular the most recent edition of the International Property Maintenance Code. Section 6, The TMC section entitled "Service of Complaint" is hereby recodified as TMC Section 8.48.040, to read as follows: 8.4 6.150 8.48.040 Service of Complaint A complaint issued under i74'" --this chapter shall be served on the parties and posted on the subject property pursuant to RCW 35.80.030, and shall also be filed with the King County Auditor. All complaints or other documents posted on the subject property shall remain in place until the complaint has been resolved. For purposes of service, such complaints or other documents are deemed effective on the day of posting. Section 7. The TMC section entitled "Complaint Hearing" is hereby recodified as TMC Section 8.48.050, to read as follows: 8464-608.48.050 Complaint Hearing Not less than 10 days nor more than 30 days after serving a complaint, the Improvement Officer shall hold a hearing conforming to the provisions of RCW 35.80.030, at which all parties in interest shall be given the right to appear in person, to bring witnesses, and to give testimony regarding the complaint. At any time prior to or at the time of the hearing, any party may file an answer to the complaint. The Improvement Officer shall adopt procedural rules governing the procedure of such hearing, which shall be available for public inspection at the Tukwila Department of Community Development. W: Word Processing\0rdinancesUMC 8.48 established 8-25-17 NG:bjs Page 3 of 6 EEO IJJII�Iiq�I�III 11 11 111:11III:11�111111ii�iii IIIII I I II I ----------- ----- --- III I III I;Iel�1111 1111111111 J 1!11111 ;1 1111 11111111111 11 J111111;I111 I1111 'III 1 11 0 ON I A Ift-MM11152-M, RM-MR!"'FA 1111 17 Any person affected by a Determination, Findings of Fact, and Order issued by the Improvement Officer, who has brought an appeal before the Appeals Commission pursuant to TMC Secfion44,15-�. 8.48.070 may, within 30 days after the Appeals Commission's ruling has been served and posted pursuant to TMC Sectiong-454-5-9 8.48.040, petition the King County Superior Court for an injunction restraining the Improvement Officer from carrying out the provisions of the Determination, Findings of Fact, and Order. In all such proceedings, the Court is authorized to affirm, reverse or modify the order, and such trial shall be heard de novo. W: Word Processing\OrdinancesUMC 8,48 established 8-25-17 NG.-bjs Page 4 of 6 50 W: Word Processjng\Ordinances�TMC 8.48 establfshed 8-25-17 NG:bjs Page 5 of 6 51 Section 16. 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 13'T THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ol 2 Regular Meeting thereof this day of 2017. Christy O'Flaherty, MMC, City Clerk W: Word Processing\OrdinancestTMC 8.48 established 8-25-17 NG:bjs 52 Filed with the City Clerk: Passed by the City Coun Published: Effective Date: Ardinance, Number4 WHEREAS, the City Council finds that effective enforcement of Tukwila's municipal code is essential to maintaining and enhancing the quality of life in the: City; and WHEREAS, the City Council desires to update and streamline the enforcement process for code violations, while maintaining due process for property owners, residents and businesses; and WHEREAS, addressing most code violations through the Notice of Violation and Order process will allow for more timely and efficient resolutions; and WHEREAS, updates to Tukwila Municipal Code Chapter 8.45, "Enforcement," require correcting references to that chapter throughout other sections of the Tukwila, Municipal Code -,and WHEREAS, as a procedural action this ordinance is exempt from State Environmental Policy Act (SEPA) review; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS - W: Word Processing\Ordimances/Enforcement amendments per TMC 8,45 update 8-28-17 II Page 1 of 17 53 Section 1. Ordinance No. 2315 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 5.04.114, "Violations," is hereby amended to eliminate TMC Section 5.04.114, "Violations," in its entirety. KIM- Mv F., I AT a MWIVAIR-911MM US Section 2. Ordinance Ro. 2315 §1 (part), as codified at TMC Section 5.04.115, "Penalties," is hereby amended to read as follows: NMI MINI` Section 3. Ordinance No. 2281 §1 (part), as codified at TMC Section 5.06.200, "Penalties," is hereby amended to read as followsi A. Violations of the provisions of this chapter shall be subect to enforcement and penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation in accordance with TMC Section 8.45.070 '71-, M, B. Any violation of this chapter that constitutes an immediate health or safety threat shall constitute a public nuisance. C. �7? 7 4:- 14 4 - 14' z 4 j4 V- -_�­74'�f; =tY W: Word Processing\Ordinances)Enforcement amendments per TMC 8.45 update 8-28-17 NG;bjs Page 2 of 17 54 D -w_ ,F - In addition to �—penalties--a�--e—_, the City shall not issue or shall revoke the unit's business license and require that the unit be vacated until the unit is brought into compliance. Section 4, Ordinance No. 2293 §16, as codified at TMC Section 8.22.150, "Violation — Penalty," subparagraph A, is hereby amended to read as follows: 8.22.150 Violation — Penalty A. Every person, entity, firm or corporation who is determined to be in violation of this chapter has committed a civil infraction and shall be subject to the provisions of TMC Section 8,45.059 8.45.060. The monetary penalties are set forth below: 1. First civil penalty, $250.00. 2. Second civil penalty, $500.00. 3. Third and subsequent violations shall be misdemeanors, the maximum penalty for which shall be 90 days in jail or a fine of $1,000.00 or both fine and imprisonment. 4. At such time that two civil penalties have been assessed within a one-year period, City -issued permits and/or licenses for the site or the site activity may be suspended or revoked until the condition is corrected. 5. Each day that a property or person is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter. Section 5. Ordinance No. 2045 §1 (part), as codified at TMC Section 8.24.010, "Definitions," is hereby amended to read as follows: As used in TMC Chapter 8.24, the following definitions shall have the meanings set forth below: 1. "Code Enforcement Officer" is Tukwila's Code Enforcement Officer or his or her designee as set forth in TMC Section 845.040 8.45,030, or an officer of the Tukwila Police Department. 2. "Hearing Examiner" is that person authorized by TMC Chapter 2.76 to hear appeals and other matters as set forth therein, or his or her designee. W: Word Processing\Ordinances/Enforcement amendments per TMC 8.45 update 8-28-17 NG:bjs Page 3 of 17 55 3. "Junk vehicle" is a vehicle that meets three or more of the following requirements: a. Is three years old or older-, b. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield; or missing wheels, tires, motor, or transmission; d. Is without valid, current license plates or is unregistered; or e. Has an approximate fair market value equal only to the approximate value of the scrap in it. "Junk vehicle" also includes a partially disassembled vehicle or individual parts of vehicles no longer attached to one another. 4. "Repeat violator" is a person, entity or agent thereof, who has received a Civil lRffa iGR G tatieri, a Notice of Violation, Gr ally GOmbinatic)n thereof -for the same property two times within one calendar year. Section 6. Ordinance No. 2045 §1 (part), as codified at TMC Section 8.24.030, "Violation Notification Process," is hereby amended to read as follows - M" CTFAMATMIMT."A Ml - Alm W Word ProcessingOrdinances/Enforcement amendments per TMC 8.45 update 8-28-17 NG:bjs Page 4 of 17 56 -:J . ... ... ...... M— I I F 4 M MUMETINCT-ria UTIM#w -Mamma= . . .... ...... ........... . ......... - W.1 IMM, .. =w.4ww.vw..,NIw4 � ��;Ilpq�Iwl 1111 1 Jill I I IT TWOR i • I !# # #a a . 0 w w w w ww wv W, Word Processing\Ordinances/Enforcement amendments per TIMC 8.45 update B-28-17 Nbis Page 5 of 17 57 -7 ,,-,..A statement that the owner of the land upon which the vehicle is located may provide a written statement, In time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land with his or her reasons for the denial, as provided in TMC Section 8.24.040. Section 7. Ordinance No. 2045 §1 (part), as codified at TMC Section 8.24,040, "Hearing," is hereby amended to read as follows.- uuja��� z presence of the vehicle on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he/she has not subsequently given consent without protest in the presence of the vehicle, then the Hearing Examiner shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the property owner. a Ell none Section 9. Ordinance No. 2045 §1 (part), as codified at TMC Section 8.24.060, "Monetary Penalty," is hereby amended to read as follows: The MeRet-a-Y ----F+alty fe;, the first and seGORd Civil lR#@_ ;__ sr. 4-tionissued pursuan � to TMG GhapteF 8.24—s -ha _Lr e assessed in the aFREMRtS set fe_,ThA( +h ii, _45400A.1. The monetary penalty for violation of the Notice of Violation issued pursuant to TMC Chapter 8.24 shall be assessed in the amounts setforth in TMC ChapLer 8,454.1--G�4�. Payment of a monetary penalty pursuant to TMC Chapter 8.24 does not relieve the person(s) to whom the 1 4.1,1-11011 GitatiOnNotice of Violation was issued of the duty to W. Word Processing\Ordinances/Enforcement amendments per TMC 8,45 update 8-28-17 NG:bjs Page 6 of 17 M correct the violation or preclude the City from taking action to abate the situation as provided herein. The monetary penalty constitutes an obligation of the person(s) to whom the Givil G'4 -"an er Notice of Violation is issued, Al -ye A All violations of development, land use, licensing and public health ordinances are found and declared to be nuisances. Z FrcTur 7 11 tent RMUFF11 eitiall to Me UUMS v RuRtURIUM, terSWITIRI, *1 d-aw and/or any associated penalties and collections to the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year, to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020. 6, IPMC Section 112.4 is hereby repealed in its entirety. Violations shall be SUb[e t to Eenforcement and penalties as prescrIbed In TQC ��ICC,��ia-ter�8045,s#@4--b,e-and the --- I issuance of a Notice of Violation in accordancM- e h TMC Section 8.45.070 d; T -MG Gh--P)ter 8.45. W: Word Processing\Ordinances/Enforcement amendments per TMC 8,45 update 8-28-17 I Page 7 of 17 59 Section 12. Ordinance No. 2396 §1, as codified at TMC Section 8.28.030, "Vacant Buildings, Structures and Premises," is hereby amended to eliminate subparagraph 8.28.030.E, "Enforcement," in its entirety. APT-111MAYMMUr -- GW 1 WA @44C41- MDUG d -4- 4- (J Section 13. Ordinance No. 2122 §1 (part), as codified at TMC Section 8.46.050, "Penalty," is hereby amended to read as follows Failure by the landlord to repay the City for the advanced relocation assistance within 60 days shall result in the assessment of civil penalties in the amount of $50 per day for each displaced tenant. In addition, interest shall accrue at the maximum legal rate of interest permitted under RCW 19.52.020, commencing 30 days after the date the City first advanced relocation assistance funds to the displaced tenant(s). The City shall also be entitled to attorney's fees and costs arising from any legal action taken to recover unpaid relocation assistance, penalties and interest. The City may also recover advanced relocation assistance, penalties and interest pursuant to TMC Section 8-44-.240- 8A8.090, "Remediation/Penalties." Section 14. Ordinance No. 2526 §6, as codified at TMC Section 8.47.050, "Enforcement," is hereby amended to read as follows: 8.47.050 Enforcement C V'r-da,t!ons ,J I.The provisions of -H-,is shall Lo enlon.-erm--nl,, t 1,--. e o f V o ,i t I r, I I 1 t r es; te'd, 1 L 4`� a e i s s a i i ce o' a 0 TMC Section845-0&0 8.45.,,-` Jbv. + W Word Processing\Ordinances/Enforcement amendments per TMC 8.45 update 8-28-17 NG:bjs Page 8 of 17 Mc Section 15. Ordinance No. 2526 §7, as codified at TMC Section 8.47.060, "Penalties," is hereby amended to eliminate TMC Section 8.47,060, "Penalties," in its entirety. 8.47.060 -Penalties A- with the of thi-s be issued a C-iVil j1# ­t;__ rrn r, cz--k H FS 1H @_Ht te TMG sec-tic)n iRfra &ha4 af $ 1,000 fer the fiirst viGlatiGR, and 5-2,1510110 ­--nA -i-1-4 --4 4R--b,Y­ th s a r4-i"ef&e4-Y,4#4R-a- R -4- 4119--a_c4v4�R-alty te T-1,19 SeGtiep 847,0604 s4a-4 -1 --H-1- k_ In -4 the fta-IG444 !_�J_ �-1- 11 ­_ I'll ipient Gf the_ right te appeal the rp_-R_-4'Y �p",if's-'H@1­11 T-44 SeGtiep 8, 4417,�_ Section 16. Ordinance Nos. 1838 §6, and 1370 §1 (part), as codified at TMC Section 9.32.200, "Penalties," are hereby amended to read as follows: 9.32.200 Penalties MIMAMADMUSUM-11281 UOM12 # Emu -nil Section 8.45i.070 4 .. . . . . . . . . . . . . . . W: Word Processing\Ordinances/Enforcement amendments per TMC 8.45 update 8-28-17 NG:bjs Page 9 of 17 61 jr-K61610 Ire issued in accordance ith TM Section A 46 Q5 8,45,070. Any person, firm, corporation, association, or any agent of any person, firm, corporation. or association who violates an provision of RQW 58.17 or Tukwila MUnicipal Code Title 17, "Subdivisions and Plats", relating to the sale, offer for sale, lease, or transfer of any lot, tract, or parcel of land, shall be guilty of a gross rnisderneanor; and each sale, offer for sale, lease or transfer of each separate iot, tract, or parcel of land in violation of an provision of PCW 88.17 or Tukwila M u n icil2a I Code Title 17, "Subdivisions and Plats". shall be deemed a separate and distinct offense. Section 21. Ordinance Nos. 1838 §16, and 1833 §1 (part), as codified at TMC Section 17.28,020, "Penalties," are hereby amended to read as follows: WAK*]DI =-1 - Any other violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to enforcement and penalties as prescribed' in TMC Chapter 8.45 1-1, and the iSSILIance of a Notice of Violation In accordance with TMC Section 8,45-070. Section 22. Ordinance Nos. 2518 §9 and 2443 §25, as codified at TMC Section 18.28.240, "General Landscaping," subparagraph B.9., are hereby amended to read as follows: a. Any landscaping required by this chapter shall be retained and maintained by the property owner for the life of the project in conformance with the intent of the approved landscape plan and this chapter. Maintenance shall include keeping all planting areas free of weeds and trash and replacing any unhealthy or dead plant materials. W: Word Processing\Ordinances/Enforcement amendments per TMC 8.45 update 8-28-17 NG:bjs Page 10 of 17 62 b. Pruning of trees is only allowed for the health of the tree, to maintain sight distances or sight lines into commercial areas, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications. No tree planted by a property owner or the City to fulfill landscape requirements, or any existing tree, may be topped or removed without prior approval from the City. If a tree is topped or removed without approval, it shall be replaced with a new tree that meets the intent of this chapter within 120 days or the property owner will be subject to code enforcement :L1`1__1 t i and penalties as prescribed TMC Chapter 8.45 and the issuance of a Notice of Violation uwy c',in accordance with TMC Section 8, 45,070. Options at the Director's discretion are to require replacement of the tree with a new tree of similar species that will achieve a similar canopy size at maturity, replace the tree with multiple smaller diameter trees of an appropriate species (only if there are limitations on space or conflicts with utility infrastructure), and/or require an in - lieu fee for off-site tree replacement. Section 23. Ordinance No. 2346 §15, as codified at TMC Section 18.44.150, "Enforcement and Penalties," is hereby amended to read as follows, 18.44.150 Enforcement and Penalties A. Violations. The following actions shall be considered violations of this chapter - 1. To use, construct or demolish any structure, or to conduct clearing, earth- movinci, construction or other development not authorized under a Substantial Development Permit, Conditional Use Permit or Variance Permit, where such permit Is required by this chapter. 2. Any work which is not conducted in accordance with the plans, conditions, or other requirements in a permit approved pursuant to this chapter, provided that the terms or conditions are stated in the permit or the approved plans. remove or deface any sign, notice, complaint or order required by or in accordance with this chapter. 4. To misrepresent any material fact in any application, plans or other mformation submitted to obtain any shoreline use or development authorization. INN I I MME= B. Enforcement. It shall be the duty of the Director to enforce this chapter, and any violation of any provision of the SMP or failure to comply with any of the requirements of this chapter shall be subject to enforcement and penalties as prescribed in TMC Chapter 8,45 and the -issuance of a Notice of Violation in accordance with TMC Section 1. For the purpose of inspection for compliance with the provisions of a permit or this chapter, authorized representatives of the Director may enter all sites for which a permit has been issued. W: Word Processing\Ordinances/Enforcement amendments per TMC 8,45 update 8-28-17 NG:bjs Page 11 of 17 RK 2. Upon completion of all requirements of a permit, the applicant shall request a final inspection by contacting the planner of record. The permit process is complete upon final approval by the planner. FRI �l 1111 ' in 3--NoDefiense. It shall i#' a defense to the prosecution for failure to obtain a permit required by this chapter, that a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work, erroneously believed a permit had been issued to the property owner or any other person. ox 0 a a 0- a 1. Remedial measures must conform to the policies and guidelines of this chapter and the Shoreline Management Act. 2. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. F. Injunctive Relief. 1. Whenever the City has reasonable cause to believe that any person is violating or threatening to violate this chapter or any rule or other provisions adopted or issued pursuant to this chapter, it may, either before or after the institution of any other action or proceeding authorized by this ordinance, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such action shall be brought in King County Superior Court. 2. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of the Master Program. G. Abatement. Any use, structure, development or work that occurs in violation of this chapter, or in violation of any lawful order or requirement of the Director pursuant to this section, shall be deemed to be a public nuisance and may be abated in the manner provided by fli-e Tukwila Municipal Code Q Lf- i t e r'8.4 5 4-C15. L_ W: Word ProcessinglOrdinanceslEnforcement amendments per TMG 8,45 update 8-28-17 NG:bjs Page 12 of 17 El Section 24. Ordinance Nos. 2479 §8 and 2407 §10, as codified at TIVIC Section 18.50.210, "Marijuana Related Uses," are hereby amended to read as follows: 18.50.210 Marijuana Related Uses A. The production, processing and retailing of marijuana is and remains illegal under federalNothing herein or as provided elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state -licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State of Washington. The purposes of these provisions is solely to acknowledge the enactment by the state Liquor and Cannabis Cra rd of a state I ice nsi nv&1_111 roced u re a nd to !germ it. b ut on ly to the extent revMiredbY, state law, marijuana producers, processors, and retailers to operate in designated zones of the City. 1, The production, processing, selling, or delivery of marijuana, marijuana - infused products, or useable marijuana may not be conducted in association with any business establishment, dwelling unit, or home occupation located in any of the following areas., Low Density Residential Medium Density Residential High Density Residential Mixed Use Office Office Residential Commercial Center Neighborhood Commercial Center Regional Commercial Regional Commercial Mixed Use Tukwila Urban Center Commercial/Light Industrial Light Industrial Manufacturing Industrial Center/Light a- Any person violating or failing to comply with the Provisions of this section of the Tukwila Municipal Code shall be subject to enforcement as prescribed its TMC Chapter 8,45 and the issuance of a Notice of Violation and Order, in accordance With TIVIC Section 8,45-070, that shall carry with it a cumulative monetary Penalty of $1,000.00 per day for each violation from the date set for compliance until compliance with the Notice of Violation and Order is achieved. W: Word ProcessinglOrdinances/Enforcement amendments per TMC 8.45 update 8-28-17 NG -As Page 13 of 17 Ag b. In addition to any penalty that may be imposed by the City. g2y person violating or failing to corn ly with this section shall be liable for all damage to public 01' private property arising fronn such vlolation, including the cost of restoring the affected area to its condition prior to the violation, F. r a" cl, r I c,v- 4 4 .I- t t. W: Word ProcessingiOrdinanceslEnforcement amendments per TMC 8.45 update 8-28-17 NG:bjs Page 14 of 17 M. l2i 1 7 'ti VIrHa ,fid �,e vVit 'IF f, 'R v -A W: Word ProcessingiOrdinanceslEnforcement amendments per TMC 8.45 update 8-28-17 NG:bjs Page 14 of 17 M. , t,`�. �• 't4 - G rc i 11 1 F — tk7Z:"-} I I. - fir° ry v _ - ! r C i.,. • Q..; 4��t�C"'.'""','1"1" §.'`. "":''�9"6._..:.t"�` PM...,'C"�' 5... -t �4 1 "3r C'ft5 �'9 Yrr'�r'Y3 C`� r, .• ��, {. ,'��,— �.. p� +f-F��_ I i.; Ira PPr_ .I I- o c E —X'4 4' +?' --e f #4_ - 4-) - - 4y -e4-ef = #=1 -t - :y' -424 �✓''' y4 ..._. -,additional Relief. The City may seek legal or equitable relief to enjoin any acts or practices and agate any condition which constitutes or will constitute a violation of this section of the Tukwila Municipal Code. The remedies and penalties provided herein are cumulative and shall be in addition to any other remedy provided by law. Section 25. Ordinance No. 1758 1, as codified at TMC Section 18.96.110, "Penalty," is hereby amended to read as follows: 18.96.11 0 Penalty Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to enforcement' and perialfies as prescribed 41 'TMC Qhs teto 8,45 and the issuance of a Notice of Violation wi accordance with TMC Section 8.4 . C! 01 Section 26. Ordinance No. 2808 , as codified at TMC Section 19.12.176, "Sign Code Violations," is hereby amended to read as follows: 19.12.170 Sign Code /violations A. It is the responsibility of a property owner and/or business owner to ensure the provisions of this code are met on any real property they own or control. The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate the i G S i n A r:"P W: Word Processingtordinances/Enforcement amendments per TMC 8.45 update B-28-17 NGS bjs Page 15 of 17 67 B. . .. .. .... 7A Z, The City shall have the right to remove any signs illegally placed within the City's right- of-way, easements under City control or property owned and/or controlled by the City. No duty is created to require the City to remove such signs. The City shall retain all signs removed from the City's right-of-way for 10 days. The owner of the signs may retrieve the signs from the City and pay a $50-per-sign fee to the City to recover a portion of the City's cost in removing the illegal signs. Once the 10-day period has expired, the City shall have the right to dispose of the signs. Notice of Violation in accordance with TMC -Section 8,45.070, Section 27. Ordinance No. 2303 §3, as codified at TMC Section 19.12,18 0, "Business License and Affidavit Requirement," is hereby amended to read as follows: MIMI 2. Chapter 19.36, "Non -Conforming Provisions." B. Any sign contractor who possesses a City business license and violates the requirements of this code shall be subject to ' r- enforcement and penalties prescribed by TMC Chapter 8.45 and the issuance of a Notice of Violation in accordance with TMC Section 8.45,070. The City shall also revoke the business license of the sign contractor and the City shall not permit a new business license to be issued for at least one year, 4e �� -pursuant to Tl` Q Section 5.04.110. C. Any sign contractor found operating in the City without a Tukwila business license shall be subject to a fine not less than $1,000. Additionally, the City shall report the violation to the State for further enforcement action. Any contractor who has a business license revoked or has fines issued shall have the right to appeal such actions to the Hearing Examiner, pursuant to TMC Section 5.04.112. Section 28. TMC Section 19.24.090 is hereby established to read as follows- juivzKomming Any violation of this chapter, or failure to com,ply with any of the requirements of this chapter, shall be subject to enforcement and penalties as prescribed in TMC Chiapter 8.45 and the issuance of a Notice of Violation in accordance with TMC Section 8,45.070 W: Word ProcessinglOrdinanceslEnforcement amendments per TMC 8,45 update 8-28-17 NG:bjs Page 16 of 17 Section 29. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical error% references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 31. 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 '12017. Christy O'Flaherty, IVIMC, City Clerk Rachel B. Turpin, City Attorney Filed with the City Clerk: Passed by the City Council: Publishedi Effective Date: Ordinance Number: W: Word Processing\Ordinances/Enforcem,ent amendments per TMC 8.45 update 8-28-17 NG:bjs W 70 WHEREAS, the City Council intends to remove specific wunts for fees and charges from the Tukwila Municipal Code in favor of a City-wide fee resolution-, and WHEREAS,, the specific fee amounts to appeal violations currently listed in TMC Chapter 8.45 will not be included in the updated ordinance; and I ii INVIR III! SRI! 1111111 1 1 1111111 WHEREAS, the current appeal fees do not cover the cost to conduct an appeal before the Hearing Examiner; and 10 it I --- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Appeals of violations of Tukwila Municipal Code (TMC) Chapter 8.45, "Enforcement," and TMC Chapter 8.48, "Unfit Dwellings, Buildings and Structures," shall be charged to appellants according to the following fee schedule: Type of appeal Fee ..... . . . . . ..................... . ......... Fee to appeal a Notice of Violation and Order $300 TMC Section 8, 45 110 Fee to appeal a Notice of Assessment $300 TMC Section 8,45. 120 Fee to appeal a Determination, Findings of Fact and Order $300 TMC Section 8, 48,070 ............... WiMord Processing4ResofutjonsTee schedule -TMG 8.45 and 8.48 8-29-17 NG:bjs 71 Section 2. Credit Card Surcharge. If payment is made by credit card, a processing fee of 3% will be added to the total order, Section 3. Effective Date. This resolution and the fee schedule contained herein shall be effective upon adoption. PASSED BTTAE CIJT COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of $2017. FA a I = 2 U 'ARM 2 a Z I KRTAW"N Christy O'Flaherty, MMC, City Clerk Filed with the City Clerk, Passed by the City Council: Resolution Number: WlWord Processings esolu tionsTee schedule -TMC 8.45 and 8,48 B-29-17 NGtjs 72 PUBLIC SAFETY COMMITTEE Citv Council Public Safetv Committee Meeting Minutes September 5, 2017 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Chair; Joe Duffie, De'Sean Quinn Staff: Nora Gierloff, Laurel Humphrey CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Legislation amending Municipal Code regulations relatingto Code Enforcement and Violations Staff is seeking Council approval of three ordinances and one resolution that represent an update to the Tukwila Municipal Code to streamline the code enforcement process. Currently there are two processes available to enforcement officers - civil infractions and violation notice and orders. The proposed legislation would move all future DCD enforcement actions to the Notice of Violation process, although Police Officers could still issue civil infractions. The City Prosecutor and City Attorney worked with DCD staff to develop this more streamlined process which is expected to be more effective. The changes include a repeat violator clause with increased penalties, increasing appeal fees to cover the City's cost, creating a separate chapter for "Unfit Dwellings, Buildings and Structures," and eliminating references to civil infractions through the Code. Councilmember Quinn noted that code enforcement staff will have flexibility and decision making based upon unique circumstances of the case, and asked how the City can protect staff using internal checks and balances. Staff replied that the department has procedures in place to address this, and multiple people look at each case. Chair McLeod expressed support for the proposal if staff feels it provides stronger tools. He also asked how staff decides which cases to enforce, and staff replied that every complaint is pursued. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 11, 2017 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Adjourned 6:11 p.m. Committee Chair Approval Minutes by LH 74 lnitial'r -------------------------- - ­­ I ITEM No. Aleefiq) Dale I 'repared do Alayor'j re reaa Countil nwiew 09/11/17 NG C4 'D I- R" the hearing, the City Council will take final action on whether to approve, modify or deny the applications for 2016-2017. The other item is quasi-judicial and may not be discussed before the hearing and final action. (_-O'\X" "\Itg. El 1`111'ance Con -in -1. 0 CDN Comm ®Public Safety Comm. 4.C. ,S'I'AFFSI1()NS()R: ROBIN TiSCHMAK 0RI(;INALA('&NI)A DA'I'I': 09/11/17 A(;I,'NI).\ I'll"MT1111: Update Transportation Element in order to attain PSRC certification of Comprehensive Plan. Ix Cxj'] J'�'Uffion 1:1 "Wolion El kew1lifirm Ri Qt-dinamv ❑ 131dJ-1warei 'E Public I Jealill,g'l EJ 01her ,%Itg Orate 05111117 Alg 1)(ile Alg Dale Aftg )bate 1011117 Altg Owe 11{g I)ale 9125117 Wig )hale — - — - - -- - - - - SI'()'\'s()R E]C'Ounil D,Alayor E]IM EDC D [:]Vinance [:]Vire E]']',S' E]])&JZ OPolice 0111" 0(,ourl SP()NS()R"S Tukwila considers amending its Comprehensive Plan/Zoning map once per year. A public SUNINIARY hearing is scheduled on September 25, 2.017 to receive comments on two items. Following the hearing, the City Council will take final action on whether to approve, modify or deny the applications for 2016-2017. The other item is quasi-judicial and may not be discussed before the hearing and final action. (_-O'\X" "\Itg. El 1`111'ance Con -in -1. 0 CDN Comm ®Public Safety Comm. El'ranMriffitstructure ❑ Arts Comm, ❑ Tlarks Comm. E] Manning ('0111111. D/vi'E: 8/15/17 C0.NT.',.\,f1T1T1.'11_-' CHAIR: KRULLER RECOMMENDATIONS: Si)()'\'s0iVAi)w\'. Public Works 0)M N' "I""1; Forward to PC, Committee of the Whole for hearings COST IMPACT / FUND SOURCE 1,"XIIFNI)FITIRI; ISI QL'IRI:1) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 09/11/17 MTG. DATE ATTACHMENTS 09/11/17 Memo to Transportation and Infrastructure Committee Minutes from Transportation and Infrastructure 8/15/17 Staff Report to Planning Commission ­­­ ... ....... Minutes from the Planning Commission 8/24/2017 75 76 IE Zky of.Tukwila.. ''I "I'll, 11 I'll, . .. ... ... . ............. . ...... Department of Community Development -Jack •. DirecAt STAFF REPORT TO THE PJ_4 HEARING DATE: August 24, 2017 NOTIFICATION: Notice published in the Seattle Times, 8/10/2017 FILE NUMBER: L17-0046 (Comprehensive Plan Amendment) APPLICANT: City of Tu= Allan Ekberg, Mayor REQUEST: Amend the Transportation Element of the Comprehensive Plan to address revised growth projections LOCATION: Citywide SEPA DETERMINATION: On August 1, 2017, the City of Tukwila issued an addendum to the Tukwila Comprehensive Plan EIS, pursuant to the State Environmental Policy Act rules (Chapter 197-11 WAC) (File # E17-0009). The EIS was previously issued on October 9, 1995 (File #L92-0053) . STAFF: Robin Tischmak, City Engineer ATTACHMENTS: A. Fehr & Peers Memo B. Transportation Element Revisions Tukwila City Hall - 6200 Southcenter Boulevard - Tukwila, WA 92188 - 206-4334800 - Website: Tukwila WA.gov 77 In 2010 the Public Works Department began updating the Transportation element of Tukwita's Comprehensive Plan as part of a phased review and update mandated by the State. The update included a traffic modeling effort based on projected household and employment growth throughout the City until the year 2030. These growth numbers were determined at a regional level and provided to each jurisdiction for use in long range planning efforts. AfterTukwila's updated element was adopted the Puget Sound Regional Council (PSRC) developed revised growth projections that reflected the reduced economic activity due to the 2008-2009 recession. These numbers showed a small reduction in projected household growth and a significant reduction in projected employment growth (nearty50%). The other elements of the Tukwila Comprehensive Plan were updated in later phases using the revised PSRC numbers and a 2031 time horizon, leading to an internal discrepancy in the Plan. Tukwila received conditional approval for its Plan update in 2016 with the requirement that the discrepancy be addressed through adoption of an updated Transportation Element by December of 2017. Attachment B contains the proposed revisions to meet the PSRC requirements for certification. The Transportation and Infrastructure Committee was briefed on August 14, 2017 and they forwarded the issue to the Planning Commission for review. Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. if the issue is not adequately addressed, is there a need for it? The proposed update is a technical correction to the growth projections used in the Transportation Element needed to bring internal consistency to the Comprehensive Plan and meet PSRC conditions for certification, The tower employment projections resulted in estimates of lower vehicle miles traveled and no lowering of levels of service (LOS). As a result of this change no goats, policies or capital improvement project changes are proposed as part of this action. The changes involve text edits to the narrative and updated maps. 2) if the issue is not adequately addressed in the Comprehensive Plan, is there a need for the proposed change? Under the original, higher projections we received from PSRC Tukwila had planned to accommodate higher household and employment growth than currently projected. Much of this growth was anticipated in the Tukwila South area, which remains largely undeveloped. The timeline for development is unclear, though at least some is likely to occur within the 2031 time horizon of the current Comprehensive Plan, N -*J 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? As part of the conditional certification process the City of Tukwila agreed to the following, conditions: 1. Tukwila City Council adoption of a plan of work that addresses the condition identified in the certification report by May 31, 2016. Adopted 5/212016 2. Submission of a draft amended comprehensive plan and supporting documents that address the condition to PSRC for review and comment in advance of adoption. Sent August 14, 2417, PSRC has confirmed that these changes are adequate to meet the condition. 3. Once the condition is adequately addressed, submission of adopted amended comprehensive plan and supporting documents by December 31, 2017 for review and certification by PSRC. 4) Will the proposed change result in a net benefit to the community? Gaining full certification for Tukwila's Comprehensive Plan will maintain our eligibility for PSRC and Regional Transportation Improvement Program funding. In reviewing Comprehensive Plan criteria, staff concludes that the proposed update is a technical correction to the growth projections used in the Transportation Element needed to bring internal consistency to the Comprehensive Plan and meet PSRC conditions for certification. The projected traffic levels are lower underthe revised employment levels and therefore no impacts are expected thatwere not already addressed underthe original Element. As a result of this change no goals, policies or capital improvement project changes are needed or proposers as part of this action. Staff recommends that the Planning Commission forward the proposed edits and updates to the Transportation Element shown in Attachment B to the City Council with a recommendation of adoption. W 79 :1 Date: Time: Location: Present: Absent: City of Tukwila Planning Commission PLANNING COMMISSION (PC) MINUTES August 24th 2017 6:30 PM Council Chambers Vice Chair, Nhan Nguyen; Commissioners, Sharon Mann, Mike Hansen, Louise Strander, Brooke Alford, and Dennis Martinez Chair, Miguel Maestas Staff: Nora Gierloff, Deputy Director; Robin Tischmak, City En '#P1VLynn Miranda, Senior Planner, Moira Bradshaw, Senior Planner, Max Bak Adams, Acting Planning Commission Secretary, grit Planner and Jaclyn PLANNING COMMISSION HEARING CASE NUMBER: L17-0046, 2016 Comprehp' Plan Elem R ­ "e APPLICANT: City of Tukwila 4 REQUEST: Repeal TIVIC Chapter 18.52, landscaping reg134 ''AM I n chapter " RI City-wide, non - n Vice Chair Nguyen called the Commissioner Alford Vice Chair Nguyen Robin Tischrn' Transportation Extensive discussion nted, the motion was seconded and carried. those individuals testifying. of ity Development gave the presentation on the :)n Element Update, L17-0046. Assigned growth figures and ents into a capital facilities plan. Outside certification agency and to have the same horizon year as other elements. Full ty to be eligible for additional funding in the future. ressed questions regarding the process and Public Work's role in the Expected house hold growth and consideration of Tukwila International Blvd. Concerns over whether the traffic modeling was based off current or updated data. Discussion regarding the traffic modeling and lightrall area. Fix Page 2 Public Hearing Minutes November 10, 2016 Robin Tischmak suggested that PSRC was looking at a more regional level. This led to discussion of scale of review. Discussion over the next opportunity to do a traffic analysis for TIB or to update Comp Plan to reflect changes in development. Vice Chair Nguyen Public comment requested by chair, hearing none, hearing was closed. Commission deliberated Commissioner Hansen made a motion to approve document as presented Commissioner Martinez seconded the motion. Motion passes. TOPIC: FILE NUMBERS: ISSUE: LOCATION: STAFF: Moira Bradshaw The with the CNU & pul proposed changes w( stays, and auto orien, prevent new nQn-con 2017. PLANNING COMMISSI Tukwila International 131 Sul 1-16-0080, L16-0078, L16-0 What changes,jili Land Use an Comp PlanANeighbor' ,h TIB Study Ar ,, Lynn Miranda & iiira recomme brought (ses on T1.1 New"M , g proposed- T11911" on type", armpact of a use , 1',j Extensive Diseii s: Traffic Study -What M 11 should be made to implement the ners Subar "IIowing-`ffi'"NU Charrette. They are working b11, ,ions to lement them. After this work session, these public.TIS is a moratorium on hotels, motels, extended ra.",next si501nths in anticipation of code changes and to " P 4 q T_r n these changes proposed for September St', V 3. Also proposed shifting zoning tables to have more weight the name of a business. up? Why do we work with one consultant? Staff - We have to work with the one consultant that has the modeling of our city and we are working around their schedule. Reviewing overlays of zoning changes on screen. T1133: Most urban area, has access to multi modal to promote infill with more intense type of housing and commercial uses. Activated uses on ground floors intended to promote walkability. TIB 2: Tukwila village area, have a broader range of housing types permitted. With uses that are compatible to neighboring single family residential areas. TIB 1: Residentially focused with the kinds of uses that are of a scale that would service residential M Page 3 Public Hearing Minutes November 10, 2016 Review of Land Use Table — See attachment G for full Land Use Table Townhouses are allowed in TIB1 & TIB2, but cannot face the boulevard. Discussion about townhomes in T1133 and what is an ideal use on the ground level, facing TIB. Continuing Care Community VS Assisted living. Definitions are regulated by the State. Continuing Care provides more skilled nursing services, Automotive Service/Repair — Concerns regarding parking on the lot and the look of the cars, Commissioner Mann suggested that cars should be parked inside repajp,"A"' p or behind the building in a fenced in, screened area. Bars, Cocktail Lounge, Nightclub —Allowed with TIB3, TIB2,b.m,-t Pint lower d11tty TIB1 Discussion on whether bars and cocktail lounges 9 f1d, be allowed Irl 2. Extensive back and forth discussion on the role of bars and on TIB and in other unities. Concerns regarding noise and potential for##,'ei;-',O' . Argumenj for the vraitlife. No consensus was reached on this issue. Sta#W"rinR 44"Of rther recommendations. M , V Commissioner Strander raised a quest_ji", I regarding on TIB. Staff Response: Significant redevelopm a lot brought into code compliance. In the casex as stz % orientation and configuratio Al,ed drive h,,,,,,, Dental Offices — Commissioner IN Hotels & Motels,-, To these requir ExtelnsQliscussion on no), Staff as0dwhat number o very nice ls`J't a better idea further recdMiWendations? be allowei _ TIB 1 ? nded no, t##tywe have e gh facilities & non -conforming uses J_hneed for a property to be T16416 s would be changing the facilities already. J the consultant recommended including 50 rooms, fullevice kitchen and a lobby with 24/7 staffing. use flu ection to encourage the quality of development desired on TIB. ms w6" 1#0e best, 100? 150? Pushback that smaller hotels can still be p" )(e this type of development conditional? Should staff come back with Commissioner M6,another schlocky development. Commissioner Stran any uses covered under the moratorium that are currently under review? Staff—No,, Commissioner Alford We need to think through this and I would like more information. Are we staying true to some of the discussion had at the charrette about serving and visiting local businesses? Commissioner Mann Small Businesses pay minimal wage, if we can get bigger players we can bring decent wages to the blvd. Staff — will bring back further information. Moira Bradshaw continued to a parcel by parcel description of proposed changes to zoning on TIB. Emphasis on the benefits of uses facing similar uses. Reviewing zoning overlay changes. This discussion was supplemented with a GIS mapping demonstration. W Page 4 Public Hearing Minutes November 10, 2016 Staff intends to undertake additional community outreach on these recommendations, requesting suggestions from Commissioners on outreach methods. Will be having open houses on evenings and weekends. Commissioners recommended having traffic plan before taking these recommendations to the open houses, and going an extra step to reach out to non-English speaking community through community liaisons. Postcards sent to property owners and those affected. Postcard should include map and a link on the city website for further information 1011,11411(s]: Nora Gierloff Thanked the commissioners for looking at bylaws. in the municipal code and the resulting changes in Bylaws a documents. The new boards & commissions handbook reflects f Conflict of interest disclosure & certification of trair Commission Secretary Wynetta Bivens at next meeti Voting to approve the updated bylaws will happen at Schedule of Upcoming Meetings: September — Design Review for Alliance Bip" d's,"O' roject & October — ADU Code Changes & Tukwila Vil%­'i 613- ls q, November — Updated Tree Code. '-N December — Updated Tree _g Vice Chair Nguyen RE 01 Commission Secretary n of the city-wide changes their updated procedure of bylaws. to the Planning 67-_� we 0106 NO' W "1106 W0,10 Robin Tischmak, City Engineer Mayor Ekberg August 11, 2017 Tukwila Comprehensive Plan Transportation Element Update ISSUE Approve updates to the Transportation Element of Tukwila's Comprehensive Plan I f !'. te"I a e"itt, 10 1 0 ZZZZ�� I Le The review by PSRG identified discrepancies within Tukwila's Plan that indicated conflicting growth information between different chapters of the plan as well as a differing projected end year, The modeling effort projected through year 203:0 while the reimainder of the plan projected through year 2031 i PSRC reiquested that the City run a revised model update that reflected the updated growth data as well as the 2031 horizon year, Attached are the proposed revision$ for consideration and approval, FINANCIAL IMPACT There is no financial impact. ftl-- � 11 0142 a , -- AIM a Tor 51TETTEMTOM 14 151 Z 0, Z it' 1 k, 0 ; F I T T1 I U eU OT7Yre-VTrT7dVMT)7r-=o r 5114-b t -e ,61- 2017 Regular Council Meeting. Attachments: Fehr& Peers Cover Memorandum Transportation EfemeM Ir Track Changes Mode W 41 OY E ft;ORwEIC, T SA- 1W A ctV7 rw Fprwrl Carp VW t -KA, Nob"PIA tm M T1 Mk ElIt WAI UP fAM Mt I17 Ivu KN W FEHR)r PEERS mzn� Laura Benjamin Associate Plarirvr, Growth Management Planning Puget Sound Regional COL11011 I aen amin@ov-c,.org 206-464.7134 Subject: City of Tukwila - Response to Comment on Assurned Land Use Growth in the Comprehensive Plan Review The Puget Sowid Regional Council (P5RQ reviewed Vie City of Tukwila's draft Comprehensive Plan Elements in 2013 and idertified that the and use growth forecast by 2D31 in the Transportation Element was higher than current (20",6) PSRC growth assumptions, PSRC's review no -Led that the employmert growth for the City of 7ukwila is almosv double the current forecast of 15,500 job 9 rowth betoiee n 20, 10 and 20131. The discrepancy in the land use growth allocation occurred because the City of Tukwila updated the Transportation Element between 2010 and 2012, in part because of a major planned development in the southern portion of the city that COLId potentially mpact the long-term transportation needs for the City. At that tirre, the PSRC regional lanes use forecasts had not yet been adjusted to account for the magnitude of the 2008-2009 recession and resulting slowdowr in the rear estate market The other elements of the T,,jkwi la Cc mprehensive Plan were updated during the 2013-2015 period a% ncorporated the more recent (lower) growth forecasts from the PSRC. In response to this ccrrmenit, the City hired Fehr & Peers to reallocate Jarrod ise growth to be Consistent with current PSRC Land Use Vision and to re—un the City's travel demand model. Key findings inc:ude The 2031 forecasted traffic volumes are not expected to grow as much within the City compared to the previous analysis (VMT is lower by three percent). 0 Most of the forecasted traffic volurne decreases are in the Tukwila South area, where grcrwtV, is not as rioid as was previously anticipated and where most of the employrri growth was reduced, I GC I/", A vrnr,ja, I 'v_OC41-11 Seri: C1, AA 981S4 1 i2l7)1 5�6-42?C I 1`ax 5o'65-4Z,?1a Lvmvv. "0, 1 r I EQX 34 L Benjamin )uly 28. 2017 Page 2 of 2 No changes are recommended to the proposed transpor-tation capital improvement projects. Most of the proposed transportation irnprcvement projects are recomme,-Ided to remain as they were proposed for reasons beyond expanding capacity, including breaking up large blocks for more walkatle/bikeable neighborhoods, and filling in missing gaps in the pedestrian and bicycle networks The large roadway proiects to facilitate growth in Tukwila South wee completed by the developer Mn the 2010-2012 timeframe. Attached is a nemo detailing the analysis to reallocate land use growth to be consistent with current forecasts, as well as two maps tiat illustrate the distribution of household and employment groiI by 2031 Within the City, if you have any clue 5110"S Or COMMOntS, Please feel free to give me a call at 206-576-4226 no= 1549M Carrier) Kwan Transportation Engineer/Planner st 16 -0-19d = TNT- I M, Comments Memo 35 L:h u SSSS 9 •„*�' �.�,�+• � � � :r ate, � r. _ • �. �E��, 6 �a s s s . Moll fill .. PURPOSE The Transportation Element establishes Tukwila's transportation goals and policies for the 2o -year planning period. It provides direction for transportation decisions regarding annual plan updates, including: V The Six-YearTransportation Improvement Plan (TIP); V The SiXrYear Capital improvement Program and Financial Planning Mcl& (CIPIFPM); V The biennial budged and V infrastructure Design and Construction Standards. =MY=Tr�17 C1 rig 7_117717TY FT JlVaIl ry drio ecurluur Plan. it also provides guidance for development review and approval, land use and zoning decisions, and continuing transportation and maintenance programs. The Transoortation Element establishes a basis for decision-making that is consisten- with Washington's Growth Management Act, King County's Countywide Planning Policies, and the Puget Sound Regional Council's (PSRQ Transportation 2040. The specific requirements of each of these plans are fulfilled by the City of Tukwila Trarispol­_a Lion EIerneni Backal f1tea Dpocgm the Comprehensive Plan Update (hereafter referred to in this eleme-rat as the Background Report), and summarized herein. The Transportation Background Report,'Al`,ilk -3r,w,, Roll 14an - mig tot ized 1) ansp of 0 tQ Transr Nietwork, PI 0nlo , colute_- ductjonac­r 'Pipg_� n)-indPlan U- EJILn, the annually -updated six-year Transportation Improvement Plan, six- year CIP/FPM, and the budget are all adopted by reference in the Tukwila Comprei ensive Plan. Tukwila's diverse transportation system includes freeways, highways, arterial streets, access streets bus, light rail, commuter rail transit service, Amtrak passenger rail service, sidewalks, trails and neighborhood footpaths. li-7 addition, Sea -Tac International Airport and Boeing Field provide air transportation for general, commeecial and business aviation, The Duwamlsh River provides water access to Elliott Bay and beyond. The City's road and rail network enables freight and rail transportation within and through the city. Future Tukwila transportation system additions include Bus Rapid Transit. A detailed invertory of the existing transportation system in Tukwila is contained in the Background Report (Fehr& Peers, MOY 2012), The major transportation issues facirig Tukwila include the following. u Physical and geographic barriers that challenge connectivity throughout the City. Physical barriers include the valley wall, the Green/Duwamish River, and highways that separate portions of the City from each other, increasing emergency services response times and cost. Residents value quiet neighborhood streets that exist in an incomplete or disconnected street system. With relatively few "through" streets, many vehicles use the streets that do connect, burdening the adjacent properties and residents. The large volume of vehicles on through -streets also makes it more difficult to walk to destination; such as schools, libraries or shopping. U Limited funding to satisfy competing priorities. 37 W Increasing connectivity is very costly given the need to acquire new rights-of-way, conducting engineering studies and design, and construction costs. Criteria for grant fundd ing are mast. often targeted to TAwda's Urban Center or the Manufac-uringfindustriall Center because these are the locations where significant employment and residential growth are planned and are supported by regioral plans. There are unmet needs in other areas of the City, including streets that do not me City standards, and it is unlikely that the roads would be improved by new development in these already developec areas. U Reliance on regional agencies, such as the Port of Seattle, Metro and Sound Transit, to serve local needs. Z' -I@ Employment forecasts in the Transportation Element - and used for the Transportation Demand Model - that include ��� additional jobs from '2oio74����40*� - tLy Model -r, ' 'Ised transovortatmn model run znifi. The ',,.Transportation Demand Ll was developed using employment forecast information available at the time. Since then, the employment forecastng revised downward significantlyclue to the effects of the great recession on the regional economy. In addition, current forecasts are based tu a greater degree on adopted King County G rowth Targets for Tu kv/i Ia. M Is Ki:,g C OW L Addab- Projected Household Growth by Zone 2010-2030 rs Legend Cityl-imits Household Growth Kent 16 - 50 0� 51 -100 101 - 200 .5 0,25 0 0,5 Miles Ism, 9r11 mnei ahnvo TUKWILA COMPREHENSIVE PLAN — 2015 PACE 13-5 39 91 92 Projected 1'011 0 - 2 \y .. . a ..22. Legend y '| Ute!||« Employment Growth $-m \g - mo d 50].«0 \«\]§ .1500 ?lm]&dA#@ PAGE 134 41 93 P roj ecte d rrl ).)I oyrout I It Y:.3� 2 0 10 - 2 0 3' 1 RoWsed Map 13i-2: Pto*ted 07000ent Growth go Page 13-6 42 Implement sidewalk ordinance. Implement subdivision ordinance, Implement Street Network Plan. Emergency vehicle criteria in street deign standards. 43 95 Prioritize neighborhood quality design features when reducing street facilities (e.g., removal of one lane of parking before WHAT IS TRANSPORTATION removal of sidewalk). CONCURRENCY? The Washington State Growth Traffic Calming Program. Management Act requires Che City to Develop methods to incentivize and encourage coordinated ensure that transportation programs, projects and services needed to serve development between adjacent commercial properties, including growth are regionally coordinated, shared driveways and direct vehicular access between parking lots. and are in place either when new development occurs or within six years, This is done to make sure the City can provide the transportation improvements needed to maintain its The projected growth numbers in Tukwila and surrounding areas were adopted standards of service and so used in the Background Report far the Transportation Element of the that conditions do not degrade with the addition of the new households Comprehensive Plan Update to anticipate traffic volumes and levels of and workers in the service in delete - 2030 (and add 2031.) The Level of Service (L05) analysis is one of the ways the City plans and budgets for future transportation projects. The City balances the fiscal constraints of its financing plan for transportation programs and projects with planned growth and existing needs. To do this Tukwila monitors L05 on arterial streets to examine the existing performance of the system and anticipated Impacts of planned land use growth, to determine what adjustments will need to be made to maintain adopted LOS standards concurrent with new development. Properly applied and monitored, LOS standards for the transportation network ensure that mobility, vitality and quality of life for the city is maintained. ror the delete - 2030 (and add - 2031) planning horizon, significant new capacity will be required to accommodate future growth throughout the city, although the majority of the project capacity TUKWILA COMPREHENSIVE PLAN - 2015 needs are in the Southcenter area. PAGE 13.10 43 95 HELATS D INFORMATION I I I ;FMU=,f lGrowth and - Tr4nsp qrtation Efficiency CenterjqT CQ flan .--- _ Tukwila Transit Network Plan ADDFehr & Peers 1;2/3012016 Memo on Thkwila 2031 Land Use Revision - Travel Demand Modeling Response to PSiRC Comments TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 13.30 w EM FEHRtPEERS ')ate: December 30, K16 ro. Robin T'Ischmak and Bob Giberson, City of Tukwila Froin Carmen Kwan and Chns Bredand, Fehr & Peers Subject: Tukwila 2031 Land Use Revision -Travel Demand Modeling Response to PSRC Comments The Puget Sound Regional Council (PSRQ reviewed the Gd+ of Tukwila's draft Comprehensive Plan Elements tn 2013 and icentifieci lliat the .and ise grow*- forecast by 2031 in the Transportation Element was higher than current PSRC growth assumptions- In response -,o this comment, the fort -cast land use growth was revised to be consistent with, PSRC assump-ions and the City's travel demand model was re -run. This docurnent details the analysis process and summarizes the new mado results, The transportation capital improvement projects previously proposed were also reviewed to identify if ariy charges in the project list would be necessary based tin the new growth I ,orecasts BACKGROUND he City of Tukwila updated the Transport,, tion Element of the Comprehensive Plan between 2010 and 2012, in part because of a rnaor planned devooprrient in the southern portion of the city that could potentially impact the long-term transportation needs for the City. At that time, the PSRC regional land use forecasts had not yet been adjusted to account for the magnitude of the 2008-, 2009 recession and resulting slowdown in the real estate market nationwide. In general, the earlier PSRC land use forecasts predicted more growth by 2031 tPar the current (2016) land use forecasts. -he other elements of the Tukwila Comprehensive Plan were updated during the 2013 -2015 period and incorperated the more recent (lower) growth forecasts from the PSRC. The rest of this memorandum describes the method used to align the Transportation Element growth forecasts with the rest of the Comprehensive Plan. ww,A fehraric1pees com 45 97 City of Tuk.vila December 30, 2016 Page 2 of 5 ANALYSIS METHODOLOGY The previous analysis completed for the Transportation Element assumed a growth of 27,665 jabs and 4,905 households by 2031. PSRCs review noted that this employment growth for the City of Tukwila is almost double the current forecast of 15,500 job growth between 2010 and 2031. PSRC 31so forecasts a slightly lower number of households n the city by 2031 (4,800 new -iouseholds) Land Use Revision .n response to these cornmenl5, the 2031 land use assumptions were revised and the City's travel demand model was re -run to evaluate 10W traffic forecasts would cFange from the previous 2031 analysis (prepared with the higher growth forecasts) Key assumptions are listed below` • Land use forer-asts were revised to riatch the Land Use Vision (LUVA) Dataset, the rrost recent land use forecasts released by the PSRC in September 2015. • Land use growth assumptions in the Southcenter Subarea of Tukwila iernained relatively consistent with the Southceriter Regional Growth Center EIS analysis prepared in 2014. Growth was adjusted elsewhere in the City based on the LUVA Dataset A summary of the assumed land use growth is presented in Table 1. The revised 2031 forecasts show that the land use assurnpbons are consistent with PSRC growth assumptions of 4,800 households and 15,500 jobs between 2010 and 2031. The revised 2031 land use has a decrease of 105 households an 14,140 jobs compared to the previous analysis Land use growth assumptiois by TAA are in Attachment A. TABLE 1. CITY OF TUKWILA LAND USE ASSUMPTIONS Scenario Total Homeholds and Jobs Growth from 2010 2013 base Year 7,435 Households, 3S HouseWds 47,540 yobs 4-1,970 Jobs' Revised 2031 Fcrecasts 12,200 Households, +4,800 Households, 61,070,,obs -15,5w Jobs � 20A :'o 2013 household and job qrowtfi e5timaies are fro -n PAC's Coverec Emptoyment Sstinna%m and Residential Suitding Permit Summaries, SaAitceCity of Tukwila, PSRC, Few & Pc-ets, 2016 9:1 M. City of Tukwila December 30, 2016 Page 3 of 5 The City's travel dernard model was re -run with the revised land use growth assumptions described earlier, An example travel demard model difference plot of the change in PM peak hour traffic volume per travel lane is shown in Figure 1. The green bars show a decrease in vehicle traffic and the red bars show an increase in vehicle traffic compared to the previous 2031 analysis. Source: Fehr & Peers, 2016, PW I City of 7Ukwila Decer-tiber 30, 2016 Page 4 of 5 While there is some model 'noise' in the difference plot results where some routes have -ninon increase or decrease in vehicle volumes compared to before, the overall observat ons from the new travel rrodel runs are summarized below The 2031 forecasted traffic volumes are not expected to grow as much within the City of Tukwila compared to the previous analysis The slightly lower vehicle traffic growth is reasonable based on the reduction of approximately 14,100 jobs and 100 households threughout the City by 2031 compared to the previous analysis, The new 2031 model run's slightly lower traffic growth is irinor as there is only a three percert decrease in vehicle- mles-travelled NMT) on City streets during the PM period compared to the previous analysis (excluding freeways). • Most of the forecasted traffic volume decreases are south of S 180th Street. This is expected as the growth fiear Southcenter Regioral Growth Center did not change much Born ti -e earlier analysis, and most of the employment reduction was in The Tukwila South area, where growth is not as rapid as was anticipated in the earl,er forecasts- Overall, City staff felt this area had the least amount of momentum for growth compared to the rest of the City. • No changes are recommended to the proposed transportation capital improvement projects. A review of the previously recommended projects was completed based on the new model rtir results In general, all the projects identified in the Transportation Element are recommended to remain because: -a Most of the street extension projects were recommended to reduce block size and improve -nobility for all modes These projects would improve street grid connectivity, improve the walkability by breaking up large blocks, and potentially improve emergency response times, While there is a minor decrease in vehicle volumes in the new model run compared -10 the previous results, projects are recommended to remarry to help the City achieve the desired urban form anc street network connectivity pattern. o Intersection improvements at various intersections such as adding turn pockets are still recommenced as the model shows that turning volumes that triggered the additional turn lanes will not decrease enough to eliminate the need for the J Many projeM were identif ed to enhance pedestrian and/or bicycle facilities. While growth is slightly lower with the new land use forecasts, the need for a 100 EN City of Tukwila December 30, 2016 Page 5 of 5 corn pre hens ive and connective pedestrian and bicycle network is not altered by the revised larid use forecasts, KOWNIEBW A new travel rnodel run was completed with revised 2031 land use growth reallocated to be consistent with, PSRC's vision cf 15,500 new jobs anc: 4,800 new households between 2010 and 2031 in T o kwi; Ia. Sas ed on the results of the new trave� model run, ria chances to the Tra ns porta-.1cin Elemen- project list are recommended, While the traffic growth by 2031 is -lot expected to be as high as the previous analysis (VMT is lower by three percent), most of the proposed transportation improvement projects are recommended to remain as they were proposed for reasons beyond expanding capacity, including breaking up large blocks for more walkablelbikeable neighborhoods, and filling in missing gaD5 in the pedestrian and bicycle networks Attachment: Atta:hment A: Land Use Totals by 7AZ & TAZ Map 49 101 Attachment A: Land Use Assumptions and TAZ Map Revised Clty of Tukwila Travel Demand Model Land Use City of Tukwila Households lEmployment 1201.1 Base Year 7,43S 47,540 Old 2031 Land Use 12,140 75,205 o PreWous 2013 - 2031 Growth 4,90-T5 27,665 New 2031 Revislon 12,200 61,070 2010- 2013 Grc%,tf% old 2031, Land (PSKEstimarei) 35 1,970 2013 - 2030 Growth 4,765 13,530 2010 - 203OTotat Growth 4,900 15,500 a 102 2013 Base Year old 2031, Land Use TOTALS 7,435 47.540 12,200 61,074 12,340 75,205 Subaree-JU2 HH EMP Total HH Total EMP Total HH Total EMP -1 0 6.166 217 - 7,754 224 7,754. 2 0 734 136 966 140 366 x 3 0 294 136 426 140 426 x 4 0 943 295 984 305 984 x 5 0 518 155 Sol 160 801 6 0 372 143 528 148 528 7 a 749 302 1,219 312 1,21q x 8 0 551 229 592 236 592 x 9 a 931 143 1,607 148 1,607 x 10 a 1,CO4 143 1,276 148 1,276 a 550 C 619 0 618, x 12 a I C63 U 1,131 0 1,131 13 2 702 C IJUG 0 1,106 14 0 1172 a 1,645 0 1,645 is 0 559 C 626 0 626 16 0 2111C -- - - - - - ------------- 339 0 339 17 0 604 C 672 0 6712 x 18 0 1,139 0 1„206 0i 1,206 19 1 316 1 167 21 551 x 20 2 1.81 332 270 343 270 x 21 D 248 291 278 300 2018 x 22 0 255 192 358 198 356, 23 3 929 a 1,m8 3 1,152 x 24 a 713 a 781 0 781 25 0 I'loo a 1,329 0 1,325 26 1 1,115 1 1,155 113 3,552 1 27 4 86 52 603 113 3,552 28 113 525 156 533, 156 596 29 1,080 1.11 1.107 144 1,1104 170 30 563 281596 282 596 291 31 0 781 12 915 12 940 32 a 950 8 IJ08 a 1,335 33 as 128 too 287 too 35 34 559 1 370 598 371 588 529 35 132 5 1 2281 61 200 5 36 224 56 234 56 22A 56 a 102 37 5 0 18 0 58 0 38 127 6 205 17 188 6 39 2:4 252 273 489 252 4?2 40 353 1.3 353 13' 384 93 41 271 t88 323 188 304 268 42 162 75 225 199 212 184 43 95 49 132 81 124 78 44 35 7 102 13 96 45 66 6 136 12 128 6' 46 475 36 540 41 508 36 47 18 239 34 314 32 311 48 1i3 257 192 537 158 51$ 49 279 141 299 176 308 170 50 85 a 179 8' 148 8 51 158 18 215 18 192 i8 52 149 150 169 170, M 179 53 114 42 149 161 164 151 54 89 40 148 441 152 40 55 98 1$ 184' 18 1+60' - 18 56 158 17 224 194 200 247 57 188 58 222 105 216 221 58 64 2 120 3 128 "c' 59 158 22 201 35 220 22 60 20 721 20 949 20 945 61 34 12 116 12 % 1.2 62 112 4 222 4 184 4 63 77 234 102 315 Lao 306 64 104 52 119 52 116, 92 65 71 135 81 333 100 389 65 0 3,125 0 3,365 0 1351 67 392, 274 414' 275' - 404 277 68 0 0 0- 0 0 c 69 109 1 140 2' 172 1 70 128 4 156 4 152 4 71 41 5 107 12 104 5 72 13 35 78 35' 76 35 73 0 250 0 860 0 1.200' 74 is 2,341 13' 2.391 15 2,381' 75 tiff 1,582 9 1.825 10 2,532 76 13 101 1.2 3018' 13 337' 77 0 807 0 850 0 847 78 0 2,540 0 3,444 0 3,450 79 0 213 0 213, 0 394 80 0 500 0 502 0' SCO 81 0 361 0 958 0 1,312 83 1.7 6,110 17 5,976 17 7.Cf1 103 16 2 52 607 113, 3,552 104 1 0 f1 34 6051 781 3,552 a 103 I MA 'OSCALL it op, CITY OF TUMVILA - FHR t PEERS TRANSPORTATION AREA ZONE ff!MAP uz RGURE A:1. 104 52 53 105 106 City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes August 15, 2017- 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Kate Kruller, Chair; Joe Duffie, De'Sean Quinn Staff: Bob Giberson, Robin Tischmak, Pat Brodin, Gail Labanara, Dave Sorensen, Nora Gierloff, Greg Villanueva, Valerie Lonneman, Laurel Humphrey CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA A. Transportation Demand Management Plan Update Staff updated the Committee on the status of the Transportation Demand Management (TDM) Plan which is currently being reviewed by City staff and partner agencies. A draft will return to the Committee in September. The Plan will provide background information on the Program for future implementers, outline the focus of the current TDM Program, and suggest strategies for future enhancement. Councilmember Quinn noted that the Implementation and Annual Review Table is a user-friendly guide to the Plan. DISCUSSION ONLY. B. Agreement: 2018 Overlay and Repair Program Staff is seeking Council approval of a contract with KPG, Inc. in the amount of $113,703.07 for design of the 2018 Overlay and Repair Program. KPG was selected from three firms due to their knowledge and understanding of the program. UNANIMOUS APPROVAL. FORWARD TO AUGUST 21, 2017 REGULAR CONSENT AGENDA. C. Tukwila Comprehensive Plan: Transportation Element Staff is seeking Council approval of amendments to the Transportation Element of the Comprehensive Plan. The update includes current growth data provided by PSRC indicating a small reduction for projected household growth and a significant reduction in projected employment. PSRC requested that the City run a revised traffic modeling update reflecting the updated growth data and the 2031 horizon year. The draft will be before the Planning Commission on August 24. Staff asked the Committee if they would like to review the draft again following Planning Commission review, or if it can move forward to the September 11, 2017 Committee of the Whole. The Committee agreed that unless the Commission makes significant changes to goals and policies the legislation can proceed to the Committee of the Whole. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 11, 2017 COMMITTEE OF THE WHOLE. 107 WT.* Upcoming Meetings & Events September 2017 11th (Monday) 12th (Tuesday) 13th (Wednesday) 14th (Thursday) _ 15th (Friday) SaturclaL) Community Transportation Park r COPCAB, Volunteer _!qk Duwarnish River Development & & Infrastructure Commission, 6-30 Pm Opportunity at Work Party Neighborhoods Cmte- 5;30 pm (Duvi-amiSh Tukwila Park for 10:00 AM - 2:00 Pm Corte., 5:30 t,Nt (Colnnutnillv Coqference United Way Day (Community Center) 5.30 P.m (Foster Center) Roono of Caring. 10:00 ANI - 2:00 PM www.earthcorps.org/ -Hazelnut onfit -ence I lalf-day session volunteer/event Conference. Room) Room) on restoration, healthy l'orest and City Council AK Tukwila tool surety. Committee of Register at: the Whole Mtg., International W\V%kj1Wkc.org1 7:00 m Boulevard events. (Council Action Cmte, Chambers) 7:00 Pm (i alkv View Sewer Dist., 3.160 S 148th) 18th (Monday) 19th (Tuesday) 20th (Wednesday) 21st (Thursday) 22nd (Friday) 23rd (Saturday) Public Safety e Finance Crate, Arts Diversion and Crate- 5:30 Pm Commission, Inclusion Industry 5:30 Pm (Ha7elnuf 5:00 Pm Panel and Resource (Hazelnut Conference (Connnunit - v Event, Conference Room) Room) Center) 5:30 - 8:00 PM Learn about apprenticeship City Council path w'a\ s to Regular Mtg., construction careers. 7:00 prn (1--oster 11S ((."Ouncil .4 uditorium) C I hainbers) �vwvv.d 1 versitvin construct ion.event Tukwila Historical Society, 7:00 ni (Tiskicdo Heritage & Cultural (-'eraer, 14475 .59"' A ve S,) Arts Commission: 3rd Wed,, 5:00 PM, Tukwila Community Center. Contact Tract' GallawaY at 206-767-2305 '-Community Development and Neighborhoods Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room 4) A resolution renainingapink. (B)Anerne rgen(j!purehaseo f a inower for Foster Go{f Links. (C) A contract vvith Seattle Cit ' j,, bight for- a temporary' permit. (L?)Ao,7ordinance correcting regzilationi�f(,)i-i-ect-eation(itt,ehiclep(irkiFlilinresidential --ones COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 Pm, Duwarnish Conference Room, Contact Chris Partnian at 206-431-219.7 ;�, Finance Committee: I st & 3rd Tues., 530 PM, Hazelnut Conf. Room. Library Advisory Hoard: Ist Tues., 7:00 PM,CommunityCenter. Co)it(4elKirstin AI(il,cit2O6-76'-2331. ,-Park Commission: 2nd Wed, 5330 r3m, Community Center, Contact Robert Ealoi7cit 2O6-767-2332. Public Safety Committee: lst&31-dMon.,5:30PM, Hazelnut Conf; Room. Transportation and Infrastructure Committee: 2nd & 4th Tues., 5:30 I'm, Foster Conf. Room (A) GIS InvenlorY, qfthe Water Svs/ein. (B) TU(-'1'rOD Pedestrian linln-oventents. ((,.) Strander Boulevard Extension Phase 3. (D) Riverton Creek Flopgale Removal Project. (E) Sprint Communications Company Franchise Ordinance. Tukwila Historical Society: 3rd Thurs., 7:00 I'm, Tukwila Heritage & Cultural Center, 14475 59" Avenue S. Contact Louise Jones -Brown at 206-244-44 78. .*,Tukwila Int'l. Blvd. Action Crate: 2nd Tues., 7:00 Pm, Valley View Sewer District. Contact Chief Villa at 206-433-1815. 109 Tentative Agenda Schedule ....... . ... � . II 0 MEETING 1 - MEETING 2 MEETING 3. MEETING 4 REGULAR C.O.W. REGttLAR, . ..... . .. . ......... ....... OTIRIMi5 (Tuesday) E 110 See agenda packet cover sheet for this week's agenda: September 112017 Committee of the Whole Meeting. Z Special Presentation: ... . . ... .. Presentation on the 2017 Police and Fire World Games event, Unfinished Business: -City legislation (3 ordinances and I resolution) updating the Code Enforcement and Violations Code, -Update on regulations related to Accessory Dwelling Units (ADUs) ffet Special Presentation: Recognize the prornotion Z, and swearing in of Commander Todd Rossi. Public I learim-,: Quasi -Judicial hearing on Quail Park Senior Housing/Assisted Living Planned Residential Development. Unfinished Business: An ordinance on Quail Park Senior Flousing/Assisted Living Planned Residential Development. Public1ieari®n _jhwum� -2017 Annual Comprehensive Plan Amendment for the Transportation Element. -(quasi-Judicial hearing on rezone(s) for Vintager&TUkwila and Flower Power. Special Issues: -Rezone(s) for Vintage( Tukwila and Flower Power, -Visitor marketing: Brand mark. 041 Special Issues. Short term bond issuance, Committee of the Whole to be followed by a Special Meeting-,