HomeMy WebLinkAboutCDN 2019-02-12 COMPLETE AGENDA PACKETCity of Tukwila
Community Development &
Neighborhoods Committee
De'Sean Quinn, Chair
O Dennis Robertson
O Verna Seal
AGENDA
TUESDAY, FEBRUARY 12, 2019 — 5:30 PM
HAZELNUT CONFERENCE ROOM
(At east entrance of City Hall)
Distribution:
D. Quinn
D. Robertson
V. Seal
K. Hougardy
Z. Idan
Mayor Ekberg
D. Cline
R. Bianchi
C. O'Flaherty
L. Humphrey
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. An agreement with the Museum of Flight for lodging
a. Forward to 2/19 Consent
Pg.1
tax funds.
Agenda.
Brandon Miles, Business Relations Manager
b. Request for amendment to the Development
b. Committee consideration/
Pg.11
Agreement for Airmark Apartments/Hotel Interurban.
decision.
Nora Gierloff Deputy Community Development Director
c. Briefing on the Shoreline Master Program update.
c. Discussion only.
Pg.43
Nora Gierloff, Deputy Community Development Director
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Tuesday, February 26, 2019
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800(TukwilaCityClerkPTukwilaWA.gov) for assistance.
City of Tukwila
Allan Ekberg, Mayor
TO:
FROM:
CC:
DATE:
INFORMATIONAL E ORANDU
Community Development and Neighborhoods
Brandon Miles, Business Relations Manager
Mayor Ekberg
February 5, 2019
SUBJECT: 2019 Museum of Flight Lodging Tax Contract
ISSUE
Authorize the Mayor to enter into an agreement with the Museum of Flight (MoF) for 2019
lodging tax funding.
BACKGROUND
At the February 11 Special Meeting the City Council in anticipated to approve the lodging tax
application request from the MoF1. The following outlines the funding request for the MoF.
Museum of Flight, Destination Moon, ($100,000)
Museum of Flight, a non-profit, is recognized as one of the premier aviation and space
museums in the world. The Museum is home to over 150 air and space craft spanning all
genres and time periods. Over the last year the Museum has averaged just over 630,000
visitors.
Funding for 2019 is requested to support marketing and event activities for the Smithsonian's
traveling exhibit "Destination Moon - The Apollo 11 Mission." The Apollo 11 command
module Columbia —the only portion of the historic spacecraft to complete the first moon -landing
and safely return to Earth —along with more than 20 other mission artifacts will be exhibited at
The Museum of Flight from April 13 — September 2, 2019, including the 50th anniversary of the
Moon landing — July 20. This iconic capsule left the Smithsonian's National Air and Space
Museum for the first time in 46 years, in April 2018, for a two-year traveling exhibition. This
exhibit will be in Tukwila on the 50th Anniversary of Neil Armstrong's famous first step.
The Museum of Flight is one of only four stops for Destination Moon during its national tour, and
the only West Coast destination —of the tour. This event is expected to attract visitors from the
entire west coast and across the country.
LTAC reviewed the request at its January 22, 2019'meeting and recommends providing funding
as requested.
Discussion
All recipients of lodging tax funds are required to enter a service contract with the City. Since
this agreement is over $40,000 it requires the City Council review before the Mayor can execute
the Agreement. The Agreement has been reviewed by legal.
The application was originally scheduled to be presented to the City Council on February 4. Because of
cancelation of the meeting, due to snow, the application was scheduled for the February 11 Special Meeting.
1
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
Total expenditure is $100,000, which will come from the City's Lodging Tax Fund. The City's
LTAC and City Council have already reviewed and approved the funding request application. As
a reminder, lodging tax funds are generated from eligible room nights at hotels and motels
within the City. Per State Law, the funds can only be used for tourism promotion activities.
RECOMMENDATION
Authorize the Mayor to sign the Agreement. Forward to the to the February 19, 2019 consent
agenda.
ATTACHMENTS
A. 2019 Agreement between the City of Tukwila and Museum of Flight.
2
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONTRACT FOR LODGING TAX FUNDING
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and Museum of Flight, hereinafter referred
to as "the Contractor," whose principal office is located at 9404 East Marginal Way S; Tukwila, WA 98108.
WHEREAS, the City imposes a special excise tax under Chapter 82.08 Revised Code of
Washington (RCW), known as the "lodging tax," on furnishing of lodging in hotels, motels and similar
business enterprises, as authorized under Chapter 67.28 RCW; and
WHEREAS, the City is authorized to use the lodging tax revenue for tourism promotion, as defined
by Chapter 67.28 RCW; and
WHEREAS, Contractor is able to help promote the City to both overnight and day visitors, driving
business to Tukwila restaurants, hotels, retailers, and entertainment establishments; and
WHEREAS, on January 22, 2019 the City's Lodging Tax Advisory Committee considered and
approved Contractor's request to obtain lodging tax revenue for tourism promotion; and
WHEREAS, the City concurs with the Lodging Tax Advisory Committee's recommendation, with
the City Council approving the funding request application at its February 4, 2019 regular meeting, to
provide lodging tax revenue to Contractor for tourism promotion; and
WHEREAS, it is appropriate for the City to compensate the Contractor for the costs of promoting
tourism (both day and overnight) in the City; and
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. Contractor shall perform those
services described on Exhibit A attached hereto and incorporated herein by this reference as if fully
set forth. In performing such services, Contractor shall at all times comply with all Federal, State, and
local statutes, rules and ordinances applicable to the performance of such services and the handling
of any funds used in connection therewith. Contractor shall request and obtain prior written approval
from the City if the scope or schedule is to be modified in any way.
Should any of the events or activities outlined in Exhibit A be canceled, modified, or the scale of the
event or activities reduced, the City may at its sole discretion reduce its sponsorship funding
commitment.
2. Compensation and Method of Payment. The City shall pay Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $100,000.
CA Revised 2012 Page 1 of 8
3
3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
February 4 2019, and ending March 30, 2020, unless sooner terminated under the provisions
hereinafter specified.
4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
5. Indemnification. Contractor shall defend, indemnify and hold the City, its officers, agents, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of Contractor and the City, its officers, officials, employees, and volunteers,
Contractor's liability hereunder shall be only to the extent of Contractor's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes Contractor's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section
shall survive the expiration or termination of this Agreement.
6. Insurance. Contractor shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, their agents, representatives, employees or
subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising
from explosion, collapse or underground property damage. The City shall be named as an
additional insured under the Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO Additional Insured endorsement CG 20
CA Revised December 2016 Page 2 of 8
4
10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
E. Subcontractors. Contractor shall have sole responsibility for determining the insurance coverage
and limits required, if any, to be obtained by subcontractors, which determination shall be made in
accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products
on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for
any reason, the City shall have the right to terminate this Agreement immediately.
CA Revised December 2016 Page 3 of 8
5
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
12. Assignment and Subcontract. Contractor shall not assign or subcontract any portion of the services
contemplated by this Agreement without the written consent of the City.
13. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
all prior negotiations, representations, or agreements written or oral. No amendment or modification
of this Agreement shall be of any force or effect unless it is in writing and signed by the parties.
14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which
by their sense and context are reasonably intended to survive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
With a copy to:
Office of Economic Development
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature
line below.
16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit.
DATED this day of , 20 .
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
By:
Printed Name and Title:
Address:
CA Revised December 2016 Page 4 of 8
6
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
CA Revised December 2016 Page 5 of 8
7
Exhibit "A"
Museum of Flight
Destination Moon
2019 Scope of Services
The City shaR be provided the following benefits under this Agreement.
w inspire level logo recognition on"title wall" of exhibit entrance: March 15, 2019deadhne
* Logo recognition inpromotional spots:
• Billboards (Puget Sound, Portland, Spokane, and Vancouver B[regions)
o Transit (Puget Sound area)
• South Lake Union Trolley wrap
o Banner onthe south exterior wall nfGreat Gallery (tentative os of1/l6/I9)
• Logo inDestination Moon visitor guide. March l.2OIGdeadline
• Logo recognition at events directly related to the exhibit, such as Opening Weekend and Preview
events.
• Acknowledgment in Aloft, the Museum member magazine circulation 19,000. Included issues would be
based onproposal approval date.
• Social Media posts torecognize sponsorship
w Complimentary tickets for uptolOguests toselect special events held inconjunction Vvith Destination
Moon: The Apollo IIMission.
• Special group -sales rate fortinnedtickets toDestination Moon
w Link nnDestination Moon web page toother Tukwila tourism opportunities (opportunities tobe
provided bvCity 0fTukwila)
w Opportunity for Tukwila to use custom logo with tagline "Proudhome of The Museum ofFlight"
• All regional/loca[ radio spots produced by the Museum of Flight promoting "Destination Moon" will be
scripted to state the location of the exhibit is in "Tukwila" if a location is mentioned.
• Aiipress releases produced bythe Museum and issued after execution 0fthis contract promoting
"Destination Moon" will use the dateline "Tukwila" or "City of Tukwila." Seattle will not be used. The
press releases will also feature a section about the City of Tukwila, prepared by City staff and approved
bythe k4Useunl^
• Cross promotion of other tourism related activities within the City, including but not limited to Seattle
Seawo|vesgames, Westfield Southcenter, Seattle Chocolates, and Family Fun Center.
CARevised December 2O1G PagePage 6 of 8
Exhibit "B"
Compensation and Method of Payment and Reporting
Compensation and Method of Payment
Contractor shall submit to the City a request for reimbursement for services and sponsorships rendered
under this Agreement. The total compensation to the Contractor under this agreement shall not exceed
$100,000.00.
Invoices and request for reimbursement shall be mailed to:
City of Tukwila
ATTN: Brandon Miles
6200 Southcenter Blvd.
Tukwila, WA 98188
The following are the dates and amounts to be invoiced to the City.
Invoice
#
Date (no later
than):
Amount:
For:
1
October 1, 2019
$50,000
Destination Moon, Payment #1
2
January 15, 2020
$50,000
Destination Moon, Payment #2
Final payment will not be made until
Contractor provides all final reporting
requirements.
Should the Contractor choose to cancel or modify any of the events sponsored by the City under this
agreement, the City may choose to reduce the awarded funds. The amount reduced shall be at the sole
discretion of the City.
Reporting Requirements
With each invoice, the Contractor shall provide the following to the City:
1. Estimate number of attendees for each event.
2. Website views on the Contractor's website of the event page
3. Likes, follows, and shares on social media for the event.
4. Examples of marketing material prepared to promote the event.
5. List of any earned media for the event.
6. Any other document the Contractor wants to provide to demonstrate success of the event and
marketing activities.
CA Revised December 2016 Page 7 of 8
9
In additional the items outlined above, the following information shall be included with the January 15,
2020 invoice. This information is required to be collected by Washington State law.
As a direct result of your proposed tourism -related service, provide an estimate of:
a. Overall attendance at your proposed
event/activity/facility?
b. Number of people who traveled fewer
than 50 miles for your event/activity?
c. Number of people who traveled more
than 50 miles?
d. Of the people who traveled more than
50 miles, the number of people who
traveled from another country or
state?
e. Of the people who traveled more than
50 miles, the number of people who
stayed overnight in Tukwila?
f. Of the people who stayed overnight,
the number of people who stayed in
PAID accommodations
(hotel/motel/bed-breakfast) in
Tukwila?
(example: 25 paid rooms on Friday and 50
paid rooms on Saturday = 75 paid lodging
room nights.)
g. Number of paid lodging room nights
resulting from your proposed
event/activity/facility (example: 25
paid rooms on Friday and 50 paid
rooms on Saturday = 75 paid lodging
room nights)?
Provide information on how the above actuals were determined.
Reports and Deliverables shall be submitted to:
City of Tukwila
ATTN: Brandon Miles
6200 Southcenter Blvd.
Tukwila, WA 98188
CA Revised December 2016 Page 8 of 8
10
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhoods Committee
FROM: Jack Pace, DCD Director
BY: Nora Gierloff, Deputy DCD Director
CC: Mayor Ekberg
DATE: February 12, 2019
SUBJECT: Airmark Apartments Development Agreement Revision Request
ISSUE
The owners of the Airmark Apartments/Hotel Interurban have requested an amendment to
their development agreement to allow additional building signage.
BACKGROUND
The City has received a request for a third amendment to the development agreement (DA)
between the owners of Airmark Apartments/Hotel Interurban and the City of Tukwila for the
building at 223 and 229 Andover Park East, see Attachment A. The existing DA allows the
following sign code departures:
1) Canopy edge signs that are 3.5 feet high rather than 12 inches, and
2) Two wall signs that are 500 square feet each rather than 150 square feet.
This request is for changes to the development standards section of the DA to allow installation
of two additional 1,000 square foot wall signs to increase the visibility of the Airmark
Apartments, see Attachment B. Currently the Airmark's only signage is on a canopy sign over
the entry door while Hotel Interurban is advertised on wall and canopy signs, see Attachment C.
DISCUSSION
The City would like to support its businesses so that they can be as successful as possible. At the
same time, because most businesses would like additional signage, the City needs to set limits
on signage. Otherwise, signs would proliferate to the detriment of other businesses and the
aesthetic preferred by the residents.
The additional wall signs requested are twice the size of the signs approved in the prior
agreement and more than six times larger than the sign code permits. The proposal would not
remove or reduce either of the existing wall signs. In addition, the proposal is to place the
"Airmark" portion of the signs above the top of the building parapet. This is prohibited by TMC
19.20.050 A 5.:
Wall signs may not extend above the top of the parapet or eave of the roof of the wall on
which they are located.
Staff has met with the owners several times and offered the following approaches:
11
INFORMATIONAL MEMO
Page 2
1. Administratively changing the design of the wall signs to include mention of the
apartments within the 500 sf maximum size.
2. Administratively approving changes to the landscape plan to allow for installation of a
monument sign, as allowed under the sign code.
3. Recommending Council approval of an amendment to the DA to increase the size of the
existing wall signs by 250 square feet (the "Hotel" portion of the sign is 200 sf) to add
language like "and Flats" or "+ Residences".
4. Recommending Council approval of an amendment to the DA to move one of the wall
signs to another building face.
5. Economic Development staff is working with Ai ark on marketing and promotion
separate from signage changes.
The existing DA has granted the project considerable flexibility on development standards such
as height, parking and open space in addition to signage. The most recent request does not
clearly identify an additional public benefit that would justify this additional change. In
particular, allowing signs of this size and rooftop signs would be a significant policy departure
for the City and likely lead to requests from other businesses for similar signage.
If the Council is interested in allowing sign changes of this type and scale, staff recommends the
changes be evaluated holistically as part of comprehensive review of the sign code. That would
be a significant work item and would either affect priorities in the current work plan or be added
to future work plans.
RECOMMENDATION
Committee may consider the request to allow installation of two additional 1,000 square foot
wall signs, or one or more of the approaches listed above. If the Committee determines that
this request should move forward or an alternative approach is warranted, then this item
would move to the full Council, and staff would return to CDN with a draft ordinance, followed
by a public hearing.
ATTACHMENTS
A. Development Agreement with 2 Prior Amendments
B. DA Amendment Request for Additional Signage
C. Existing Signage Design and Location
Z:\Council Agenda Items\DCD\2-12-19\Memo WA PI DA Amend CDN 2-12-19.docx
12
City of Tukwila
Washington
Ordinance No. LL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT
AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86
OF THE TUKWILA MUNICIPAL CODE; APPROVING AND
AUTHORIZING THE FIRST AMENDMENT TO THE 223 ANDOVER
PARK EAST DEVELOPMENT AGREEMENT WITH SOUTH
CENTER WA, LLC, A WASHINGTON LIMITED LIABILITY
COMPANY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter
18.86 authorize development agreements between the City and persons having
ownership or control of real property in order to establish development standards to
govern and vest the development use and mitigation of real properties; and
WHEREAS, the City of Tukwila and South Center WA, LLC entered into a
Development Agreement for the 223 Andover Park East Development effective the 19th
day of March, 2013 and approved by Ordinance No. 2399; and
WHEREAS, the City of Tukwila and South Center WA, LLC wish to enter into a First
Amendment to Development Agreement for the 223 Andover Park East Development, a
copy of which is attached hereto as Exhibit A; and
WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was
conducted on the 28th day of April 2014 to take public testimony regarding this First
Amendment to the Development Agreement as proposed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The First Amendment to the 223 Andover Park East Development
Agreement by and between the City of Tukwila and South Center WA, LLC, a copy of
which is attached hereto as Exhibit A, is hereby approved and the Mayor is authorized
and directed to execute said First Amendment to Development Agreement on behalf of
the City of Tukwila.
W: Word Processing\Ordinances\223 APE DA-First Amendment 4-22-14
DS:bjs
Page 1 of 2
13
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 610 day of inCA.l , 2014.
ATTEST/AUTHENTICATED:
(F,e4.15),
Christy O'Flaerty, MMC, City Cle
APPROVED AS TO FORM BY:
i l
Iley M. Kersla , City Attorney
Hagge ,,j' ayor
Filed with the City Clerk: - 0-1 1
Passed by the City Council:
Published: � /
Effective Date:
Ordinance Number:
Exhibit A: First Amendment to Development Agreement by and between the
City of Tukwila and South Center WA, LLC for the 223 Andover Park East
Development
W: Word Processing\Ordinances\223 APE DA-First Amendment 4-22-14
DS:bjs
Page 2 of 2
14
13-065(b)
Council Approval 11116115
Ordinance No. 2490
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND SOUTH CENTER WA, LLC FOR THE
223 ANDOVER PARK EAST DEVELOPMENT
FILE COPY
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the
"Second Amendment") is made and entered into this j(p 2 day of December
2015, by and between the CITY OF TUKWILA ("City"), a non -charter, optional
code Washington municipal corporation, and SOUTH CENTER WA, LLC, a
Washington limited liability company ("Developer").
I. RECITALS
WHEREAS, the City of Tukwila and South Center WA, LLC entered into a
Development Agreement for the 223 Andover Park East Development effective
the 19th day of March, 2013 (and approved by Ordinance No. 2399); and
WHEREAS, the City of Tukwila and South Center WA, LLC entered into
the First Amendment to the Development Agreement for the 223 Andover Park
East Development effective the 19th day of May 2014 (and approved by
Ordinance No. 2438); and
WHEREAS, Developer has continued to proceed with the project per the
terms of the development agreement and has submitted a building permit for the
proposed development; and
WHEREAS, Developer has requested a minor amendment to the building
height provisions listed under the Development Agreement in order to proceed
with the proposed development; and
WHEREAS, the Development Agreement stipulated a maximum height of
180 feet for 50 percent of the site, which was subsequently amended to 190 feet
by the First Amendment to the Development Agreement; and
WHEREAS, due to the benefits as described in the Development
Agreement, the City desires the proposed development to proceed; and
WHEREAS, as required pursuant to TMC Section 18.86.050, the City
conducted a public hearing on the 9th day of November 2015 to take testimony
regarding this Second Amendment to the Development Agreement; and
1
15
WHEREAS, the City Council, pursuant to City Ordinance No. 2490,
approved this Second Amendment to the Development Agreement as proposed
and authorized execution of this Second Amendment to the Development
Agreement; and
WHEREAS, the Parties desire to enter into this Second Amendment to the
Development Agreement upon the terms and conditions as set forth herein,
NOW, THEREFORE, in consideration of the mutual promises set forth
herein and the long-term benefit to both the City and the Developer, the Parties
hereby agree as follows:
II. AGREEMENT
1. Additional Building Height: Section 4.3 of the Development Agreement
is hereby amended so the maximum building height for 50 percent of the site
shall be 200 feet. The maximum height of the parapet wall of the elevator
penthouse shall be 205 feet. The remainder of the site is limited to the height
permitted by the zoning code in effect at the time of a complete building permit
submittal. Rooftop appurtenances are exempt from this height requirement per
TMC Section 18.50.080.
The building(s) may have no more than nineteen (19) floors. The nineteenth
floor may be used for common area open space such as a clubhouse, rooftop
deck, other common areas, a green roof and mechanical equipment but may not
be used for residential units or hotel guest rooms. This increase in building
height is consistent with the goals of the Comprehensive Plan to encourage
residential development within the Urban Center and is consistent with the City's
vision of increased urban density.
2. This Second Amendment shall be recorded against the Property as a
covenant running with the land.
3. Except as amended herein, the terms and provisions of the
Development Agreement remain in full force and effect.
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In Witness Whereof, the parties have caused this Second Amendment to
be executed, effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
By:0 / i �✓
aggerto
Its: Mayor
Date: /- )/u // 5
Attest/Authenticated:
Approved as to Form:
%4-- {�r�,r+, aul� ail �' -� Grif,c_c
`c" Christy O'Flaherty, MMC, City Clerk City Attorney
SOUTH CENTER WA, LLC, a Washington limited liability company
B
Its: Manager
Date: / / - Z- — / Se —
Omar Lee
3
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18
13-065(a)
FIRST AMENDMENT TO Oouncn N5/5/14
Ordinance
No._24 _2438
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND SOUTH CENTER WA, LLC FOR THE
223 ANDOVER PARK EAST DEVELOPMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "First
Amendment") is made and entered into this IgPday of May 2014, by and
between the CITY OF TUKWILA ("City"), a non -charter, optional code
Washington municipal corporation, and SOUTH CENTER WA, LLC, a
Washington limited liability company ("Developer").
I. RECITALS
WHEREAS, the City and Developer entered into that certain Development
Agreement relating to the 223 Andover Park East Development, dated March 19,
2013 (the "Development Agreement"); and
WHEREAS, Developer has continued to refine the design of the proposed
development; and
WHEREAS, Developer has requested an amendment to the Development
Agreement in order to proceed with the proposed development; and
WHEREAS, due to the benefits as described in the Development
Agreement the City desires the proposed development to proceed; and
WHEREAS, as required pursuant to TMC 18.86.050 the City conducted a
public hearing on the 28th day of April 2014 to take testimony regarding this First
Amendment to the Development Agreement; and
WHEREAS, the City Council, pursuant to City Ordinance No. 2438
approved this First Amendment to the Development Agreement as proposed and
authorized execution of this First Amendment to the Development Agreement;
and
WHEREAS, the Parties desire to enter into this First Amendment to the
Development Agreement upon the terms and conditions as set forth herein,
NOW, THEREFORE, in consideration of the mutual promises set forth
herein and the long-term benefit to both the City and the Developer, the Parties
hereby agree as follows: 1 0.i a ori5svNair
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II. AGREEMENT
1. Building Height: Section 4.3 of the Development Agreement is hereby
amended so the maximum height for 50 percent of the site shall be 190 feet.
The building(s) may have no more than nineteen (19) floors. The nineteenth
floor may be used for common area open space such as a clubhouse, rooftop
deck, other common areas, a green roof and mechanical equipment but may not
be used for residential units or hotel guest rooms. The remaining requirements
of Section 4.3 remain in full force and effect.
2. Open Space: The building(s) shall have common open space of at
least 45 square feet per residential unit and 25 square feet per hotel room.
Common open space may include areas such as apartment lobby, hotel lobby,
restaurant/bar, meeting rooms, business centers, bike storage, pet walk area,
exercise room, hot tub and/or sauna, swimming pool, movie or video watching
room, clubhouse including kitchen, dining and bar areas, and outdoor seating
and barbeque areas. Space for the exclusive use of residents will count toward
the residential open space requirement. Space for the exclusive use of hotel
guests will count toward the hotel open space requirement. Space accessible to
both residents and hotel guests may be counted for either requirement, at the
election of the Developer.
3. Parking: The required minimum amount of on -site parking shall be 0.7
stalls per hotel guest room, one stall per studio unit, one stall per one bedroom
unit, one -and -a -half stalls per two bedroom unit, and two stalls per three
bedroom unit. Parking stalls that are stacked, in which some cars could be
blocked by other cars, may be counted toward the required minimum number of
parking stalls provided that the location of the stalls has been approved by the
City's Fire Marshal and a shuttle and valet parking plan has been approved by
the City administration. The Fire Marshal may approve a drive aisle width
between stacked cars less than required by TMC 18.56.090.
4. Signage: The proposed development may have signage according to
the City's sign code (TMC 19.20) with the following modifications:
a) Canopy -edge signs may be up to 3.5 feet in height and may have
up to two rows of letters.
b) Projecting signs and corner projecting signs per TMC 19.20.050 are
not allowed.
c) Special incentive signs for parking garages are not allowed.
d) Permanent building mounted wall signs: The building may have up
to two flush -mounted wall signs. One sign may be placed on the
northernmost wall and one on the westernmost wall regardless of
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whether those walls have exterior public entrances. The maximum
allowable message area for the wall signs may be an area up to six
percent of the exposed building face to a maximum of 500 square
feet. The flush -mounted wall signs may not be cabinet or box signs
and must be channel -style letters and may be internally lit and/or
halo -lit.
5. This First Amendment shall be recorded against the Property as a
covenant running with the land.
6. Except as amended herein, the terms and provisions of the
Development Agreement remain in full force and effect.
In Witness Whereof, the parties have caused this First Amendment to be
executed, effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
QCS By:
J. aggert
Its: 'ayor
Date: 6-
Attest/Authenticated:
Christy O'Flaherty, MMC, City Clerk
Approved as to Form:
City Attorney
SOUTH CENT WA, LLC, a Washington limited liability company
By:
ar Lee
Its: Manager
Date:
3
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22
City of Tukwila
Washington
Ordinance No. c 3 7 9'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT
AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF
THE TUKWILA MUNICIPAL CODE; APPROVING AND
AUTHORIZING THE PROPOSED 223 ANDOVER PARK EAST
DEVELOPMENT AGREEMENT WITH SOUTH CENTER WA, LLC, A
WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter
18.86 authorize development agreements between the City and persons having
ownership or control of real property in order to establish development standards to
govern and vest the development, use and mitigation of real properties; and
WHEREAS, the City of Tukwila and South Center WA, LLC wish to enter into a
Development Agreement for the 223 Andover Park East development, a copy of which
is attached hereto as Exhibit A; and
WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was
conducted on the 11th day of March 2013 to take public testimony regarding this
Development Agreement, as proposed; and
WHEREAS, the City Council, pursuant to City Ordinance No. 2399, approved this
Development Agreement as proposed and authorized execution of this Development
Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The 223 Andover Park East Development Agreement by and between
the City of Tukwila and South Center WA, LLC, a copy of which is attached hereto as
Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said
Development Agreement on behalf of the City of Tukwila.
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Page 1 of 2
23
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCI OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this / ai14 day of rn Airc h , 2013.
ATTEST/AUTHENTICATED:
erty, MMC, City CI
APPROVED AS TO FORM BY:
y M. Kers = ' ity Attorney
Exhibit A — Development Agreement
Filed with the City Clerk: 3
Passed by the City Council: 3 —) ? -4
Published:
Effective Date:
Ordinance Number:
ci
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Page 2 of 2
13-065
DEVELOPMENT AGREEMENT Approval 3/18/13
Council
FOR THE Ordinance No. 2399
223 ANDOVER PARK EAST DEVELOPMENT
THIS DEVELOPMENT AGREEMENT ( "Development Agreement") is entered into as
of the ) 6J day of A-(axc{A, , 2013 by and between the City of Tukwila, a municipal
corporation operating under the laws of the State of Washington as a non -charter code city (the
"City"), and South Center WA, LLC, a Washington limited liability company ("Developer"),
pursuant to the authority of RCW 36.70B.170, et seq. and Chapter 18.86 of the Tukwila
Municipal Code, and in consideration of the mutual benefits to be derived. The City and
Developer are sometimes collectively referred to in this Development Agreement as the
"Parties," and individually as a "Party." The Parties have entered into this Development
Agreement with reference to the following facts:
I. RECITALS
WHEREAS, RCW 36.70B.170, et seq. and TMC Ch. 18.86 authorize development
agreements between the City and persons having ownership or control of real property in order
to establish development standards to govern and vest the development, use and mitigation of
real properties; and
WHEREAS, the site of this development is located in the core of the Tukwila Urban
Center, between Westfield Southcenter Mall and the Sounder Commuter Rail Station; and
WHEREAS, the proposed development is for the construction of one or two buildings up
to 180 feet in height that would comprise approximately 170 hotel guest rooms and 350
residential units; and
WHEREAS, this site lies within the core of Tukwila's Urban Center (TUC). The Tukwila
Urban Center Element of the Comprehensive Plan outlines a vision for the TUC to be a "great
place for working, shopping, doing business, living, or playing." One of the noted future
features is "a core area of high quality, walkable retail, entertainment, housing, public spaces,
and employment..." This site is located in the TUC core and would add housing that is walkable
to transit, retail, and entertainment; thus, it supports the Comprehensive Plan; and
WHEREAS, Tukwila's Urban Center is one of the region's 17 designated urban centers.
The Countywide Planning Policies defines and envisions urban centers as areas of concentrated
employment and housing with direct service by high -capacity transit. This proposed
development would place concentrated employment and housing within the core of the Tukwila
Urban Center and helps the City meet the intended purpose of the urban center; and
WHEREAS, this development will be a catalyst to create a pedestrian friendly, walkable
neighborhood in the core of Tukwila's Urban Center. People who would choose to stay or live
in this development would do so for the convenient access to the freeways but also for the
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convenience of walking to restaurants, entertainment, shopping, buses, and the commuter rail
station; and
WHEREAS, the development will be of high quality and will improve the image of
Tukwila's Southcenter District and identity for the entire City; thereby having the potential to
attract further high quality development; and
WHEREAS, the development will stimulate additional residential development in the
area by demonstrating the financial feasibility of this type of development and demonstrating
demand for high quality housing stock; and
WHEREAS, residential units will assist the City in meeting its housing targets as
required by the Growth Management Act and as determined through King County's Countywide
Planning Policies; and
WHEREAS, the City has a goal to encourage ownership of housing as a method to foster
stability in our population and schools. This project would be developed with the ability to
readily convert to condominiums; and
WHEREAS, as required pursuant to TMC 18.86.050, a public hearing was conducted on
the 11th day of March, 2013 to take public testimony regarding this Development Agreement, as
proposed; and
WHEREAS, the City Council, pursuant to City Ordinance No. 2399 approved this
Development Agreement as proposed and authorized execution of this Development Agreement;
and
WHEREAS, pursuant to TMC 18.86.080, the decision of the City Council to approve or
reject Developer's request for a development agreement is a discretionary, legislative act; and
WHEREAS, the Parties desire to enter into this Development Agreement upon the terms
and conditions as set forth herein,
NOW, THEREFORE, in consideration of the mutual agreements contained herein, as
well as other valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, the City and Developer hereby agree as follows:
II. AGREEMENT
Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals
are true and correct to the best of their knowledge and are incorporated by this reference as
though fully set forth herein.
Section 2. Project Description. This development involves the construction of one
or two buildings of up to eighteen stories each. The Property is located within the Tukwila
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Urban Center and is identified on Exhibit A (legal description) and B (site map). The current
anticipated use of the property consists of approximately 170 hotel guest rooms and 350
residential units, as well as related parking facilities.
Section 3. Statement of Authority and Intent. This Development Agreement is
entered into pursuant to the authorization of RCW 36.70B.170 and TMC 18.86 and is intended
and designed to vest this development to certain terms and conditions. Other than those terms
and conditions specifically identified in this Agreement, the City's regulatory codes in effect at
the time of a complete building permit application are accepted by the City shall apply.
Section 4. Development Standards; Conditions.
4.1 Effective Period of this Agreement. This Development Agreement shall be valid
until December 31, 2015. If Developer has not submitted, and the City has not accepted, a
complete building permit application and building permits have not been secured for the
development by that date, this Development Agreement shall be void and development may
occur on the subject site pursuant to the then -adopted development regulations.
4.2 Application of Development Standards. RCW 36.70B.180(3)(d) and TMC
18.86.030 authorize the establishment of design standards by a development agreement. More
specifically, TMC 18.86.030 provides that, a development agreement may allow development
standards different from those otherwise imposed under the Tukwila Municipal Code in order to
provide flexibility to achieve public benefits, respond to changing community needs, or
encourage modifications that provide the functional equivalent or adequately achieve the
purposes of otherwise applicable City standards. Pursuant thereto and during the Effective
Period, the provisions of this Section 4 set forth the development standards that differ from or
supplement those standards set forth in the City's development regulations. Accordingly, the
following development standards shall apply to and govern and vest the development and use of
the Project in lieu of any conflicting or different standards or requirements elsewhere in the
Governing Regulations.
4.3 Additional Building Height. The maximum building height for 50 percent of the
site shall be 180 feet. The remainder of the site would be limited in height by the zoning code in
effect that the time of a complete building permit application. This increase in building height is
consistent with the goals of the Comprehensive Plan to encourage residential development within
the Urban Center and is consistent with the City's vision of increased urban density.
4.4 Residential Units. The development must include at least 250 but no more than
450 residential units.
4.5 Condominium Declaration. In order to receive a Certificate of Occupancy the
Developer must provide the City a copy of a Washington condominium declaration for all
residential units built, along with the survey map and plans, which show surveying data for the
overall parcel, as well as details of buildings and the location of units. These documents do not
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have to be recorded but must otherwise be in conformance with RCW 64.34 et seq. In addition,
each residential unit must have an individual electric meter.
Section 5. Major and Minor Amendments - Development Agreement. All
proposed amendments to the Development Agreement shall be considered in accordance with
this Section 5.
5.1 Process. The Mayor may approve Minor Amendments to the Development
Agreement proposed by the City or Developer and mutually agreed to by the Parties. Such
approval shall be in writing and the resulting amendment shall be incorporated into this
Development Agreement as an amendment. The City Council may approve Major Amendments
to the Development Agreement in accordance with the same process for approval of the
Development Agreement. A Major Amendment to the Development Agreement approved by the
City Council, and mutually agreed to by the Parties, shall be incorporated into this Development
Agreement as an amendment pursuant to Section 21 hereof.
5.2 Minor Amendment Defined. A proposed amendment to the Development
Agreement shall be considered a minor amendment if the proposed amendment does not modify
the Governing Regulations or Section 4 (Development Standards; Conditions) hereof, does not
materially modify the size or scope of the development, and does not modify the Vesting Period
or term of this Development Agreement.
5.3 Major Amendment Defined. A proposed amendment to the Development
Agreement shall be considered a Major Amendment if the proposed amendment does not
constitute a Minor Amendment.
5.4 Determination. An application for a Minor Amendment shall be made to the
Mayor. The application shall describe the proposed Minor Amendment in sufficient detail such
that the Mayor can determine whether or not the proposal qualifies as a Minor Amendment. If
the application does not provide sufficient information, the Mayor may request additional
information from the Developer or reject the application. Upon receipt of sufficient information
to determine if the proposal set forth in the application constitutes a Minor Amendment, the
Mayor shall determine if the proposal constitutes a Minor Amendment. In the event that the
Mayor determines that the proposed amendment is a Minor Amendment, the Minor Amendment
may be administratively approved by the Mayor. In the event that the Mayor determines that the
proposal constitutes a Major Amendment, the Developer shall submit the proposal in accordance
with the same process for approval of a Development Agreement, withdraw its proposed
amendment, or modify and re -submit its proposed amendment. The determination of the Mayor
shall be a final decision.
Section 6. Further Discretionary Actions. Developer acknowledges that the
Development Agreement contemplates the exercise of further discretionary powers by the City.
These powers include, but are not limited to, review of permit applications under SEPA.
Nothing in this Development Agreement shall be construed to limit the authority or the
obligation of the City to hold legally required public hearings, or to limit the discretion of the
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City and any of its officers or officials in complying with or applying Governing Regulations and
the development standards and conditions set forth in Section 4 hereof.
Section 7. Existing Land Use Fees and Impact Fees. Generally applicable land use
fees and impact fees adopted by the City by resolution or ordinance as of the effective date of
this Development Agreement may be increased by the City from time to time, and the new fees
applied to subsequent permits and approvals for the Property.
Section 8. Specific Performance. The Parties specifically agree that damages are
not an adequate remedy for breach of this Development Agreement, and that the Parties are
entitled to compel specific performance of all material terms of this Development Agreement by
any Party in default hereof.
Section 9. Termination. This Development Agreement shall expire and/or terminate
on the earlier of the termination/expiration provisions set forth as follows:
9.1 This Development Agreement shall terminate upon the expiration of the Effective
Period identified in Section 4 hereof.
9.2 Upon termination of this Development Agreement, the City shall record a notice
of such termination in a form satisfactory to the City Attorney that the Development Agreement
has been terminated.
Section 10. Assignment and Assumption. The Developer shall not have the right to
sell, assign or transfer this Development Agreement with all its rights, title and interests therein
to any person, firm or corporation at any time during the term of this Development Agreement
provided that the Developer may sell, assign, or transfer this Development Agreement with all its
rights, title, and interests therein to any firm or corporation in which the Developer has a
majority interest. Developer shall provide the City with written notice of any intent to sell,
assign, or transfer all or a portion of the Subject Property, at least 30 days in advance of such
action.
Section 11. Covenants Running With the Land; Recording. The conditions and
covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall
run with the land and the benefits and burdens shall bind and inure to the benefit of the Parties.
The Developer, and every purchaser, assignee or transferee of an interest in the Property, or any
portion thereof, shall be obligated and bound by the terms and conditions of this Development
Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the
Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser,
assignee or transferee shall observe and fully perform all of the duties and obligations of a
Developer contained in this Development Agreement, as such duties and obligations pertain to
the portion of the Property sold, assigned or transferred to it.
Section 12. Amendment to Agreement; Effect of Agreement on Future Actions.
This Development Agreement may be amended by mutual consent of all of the Parties, provided
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that any such amendment shall follow the process established for Major and Minor Amendments
as set forth in this Development Agreement.
Section 13. Releases. Developer, and any subsequent owner, may be released from
further obligations relating to the sold, assigned, or transferred portion of the Property, provided
that the buyer, assignee or transferee expressly assumes the obligations under this Development
Agreement as provided herein.
Section 14. No Third -Party Beneficiary. This Development Agreement is made and
entered into for the sole protection and benefit of the Parties hereto and their successors and
assigns. No other person shall have any right of action based upon any provision of this
Development Agreement.
Section 15. Interpretation. The Parties intend this Development Agreement to be
interpreted to the full extent authorized by law as an exercise of the City's authority to enter into
development agreements pursuant to RCW 36.70B.170, et seq., and this Development
Agreement shall be construed to exclude from the scope of this Development Agreement and to
reserve to the City, only that police power authority which is prohibited by law from being
subject to a mutual agreement with consideration. This Development Agreement has been
reviewed and revised by legal counsel for both Parties, and no presumption or rule construing
ambiguity against the drafter of the document shall apply to the interpretation or enforcement of
this Development Agreement.
Section 16. Notice. All communications, notices, and demands of any kind that a
Party under this Development Agreement requires or desires to give to any other Party shall be in
writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional
copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return
receipt requested, and addressed as follows:
If to the City:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Attn: Mayor's Office
With a copy to:
City Attorney
City of Tukwila
Kenyon Disend, PLLC
11 Front Street South
Issaquah, Washington 98027-3820
General: 425 -3 92-7090
Fax: 425-392-7071
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If to Developer:
South Center WA, LLC
18230 East Valley Highway, Suite 195
Kent, WA 98032
425-251-1600
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail,
notice shall be deemed delivered forty-eight (48) hours after deposited. Any Party at any time by
notice to the other Party may designate a different address or person to which such notice or
communication shall be given.
Section 17. Excusable Delay (Force Majeure). In addition to specific provisions of
this Development Agreement, and notwithstanding anything to the contrary in this Development
Agreement, neither Party shall be in default in the performance or the failure of performance of
its obligations under this Development Agreement, or in the delay of its performance, where
such failure or delay is due to war, insurrection, strikes, lock -outs or other labor disturbances,
one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes,
fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or
failures of performance by any governmental authority or utility company (so long as the Party
seeking the extension has adequately complied with the applicable processing requirements of
such governmental authority or utility company), delays resulting from changes in any applicable
laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any
governing body with jurisdiction, delays resulting from the weather or soils conditions which
necessitate delay, delays resulting from litigation (including suits filed by third parties
concerning or arising out of this Development Agreement) or any other cause (lack of funds of
Developer, Developer's inability to finance the construction of the development, and
Developer's inability to lease the Improvements, are not causes beyond the reasonable control or
without the fault of Developer) beyond the reasonable control or without the fault of the Party
claiming an extension of time to perform or an inability of performance. The extension of time
for any cause shall be from the time of the event that gave rise to such period of delay until the
date that the cause for the extension no longer exists or is no longer applicable, in each case as
evidenced by a notice from the Party claiming the extension. An extension of time for the
duration of such event will be deemed granted if notice by the Party claiming such extension is
sent to the other as to any of the above causes other than Permit Delays, within 10 days from the
commencement of the cause and such extension of time is not rejected in writing by the other
Party within 10 days of receipt of the notice (such extension of time is referred to herein as
"Force Majeure"). Times for performance under this Development Agreement may also be
extended in writing by the City and Developer in accordance with Section 11 herein.
Section 18. Indemnification. Except as otherwise specifically provided elsewhere in
this Development Agreement and any Exhibits hereto, each Party shall protect, defend,
indemnify and hold harmless the other Party and their officers, agents, and employees, or any of
them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, which are caused by or result from any negligent act or
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omission of the Party's own officers, agents, and employees in performing services pursuant to
this Development Agreement. In the event that any suit based upon such a claim, action, loss, or
damage is brought against a Party, the Party whose negligent action or omissions gave rise to the
claim shall defend the other Party at the indemnifying Party's sole cost and expense; and if final
judgment be rendered against the other Party and its officers, agents, and employees or jointly
the Parties and their respective officers, agents, and employees, the Parties whose actions or
omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent
negligence, each Party shall indemnify and hold the other Parties harmless only to the extent of
that Party's negligence. The indemnification to the City hereunder shall be for the benefit of the
City as an entity, and not for members of the general public.
Section 19. Applicable Law and Attorneys' Fees. This Development Agreement
shall be construed and enforced in accordance with the laws of the State of Washington. If
litigation is initiated to enforce the terms of this Development Agreement, the prevailing Party
shall be entitled to recover its reasonable attorneys' fees and costs from the non -prevailing Party.
Venue for any action shall lie in King County Superior Court or the U.S. District Court for
Western Washington.
Section 20. Third Party Legal Challenge. In the event any legal action or special
proceeding is commenced by any person or entity other than a Party, or successor or assign of
Developer, to challenge this Development Agreement or any provision herein, the City may elect
to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or
successor(s) or assign(s). In such event, Developer and/or such successor(s) or assign(s) shall
hold the City harmless from and defend the City from all costs and expenses incurred in the
defense of such lawsuit or individual claims in the lawsuit, including, but not limited to,
attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties
in such litigation. The Developer and/or such successor(s) or assign(s) shall not settle any
lawsuit without the consent of the City. The City shall act in good faith and shall not
unreasonably withhold consent to settle.
Section 21. Severability. If any phrase, provision or section of this Development
Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or
if any provision of this Development Agreement is rendered invalid or unenforceable according
to the terms of any statute of the State of Washington which became effective after the effective
date of the ordinance adopting this Development Agreement, and either Party in good faith
determines that such provision or provisions are material to its entering into this Development
Agreement, that Party may elect to terminate this Development Agreement as to all of its
obligations remaining unperformed.
Section 22. Authority. Each Party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Development Agreement on the
terms and conditions herein stated, and to deliver and perform its obligations under this
Development Agreement.
Section 23. Exhibits and Appendices Incorporated. Each Exhibit attached hereto or
referenced is incorporated herein by such reference as if fully set forth herein.
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Section 24. Headings. The headings in this Development Agreement are inserted for
reference only and shall not be construed to expand, limit or otherwise modify the terms and
conditions of this Development Agreement.
Section 25. Time of the Essence. Time is of the essence of this Development
Agreement and of every provision hereof. Unless otherwise set forth in this Development
Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a
weekend or legal holiday in the State of Washington, then the time period shall be extended
automatically to the next business day.
Section 26. Entire Agreement. This Development Agreement, and the DDA
referenced herein, represents the entire agreement of the parties with respect to the subject matter
hereof. There are no other agreements, oral or written, except as expressly set forth herein and
this Development Agreement supersedes all previous agreements, oral or written.
AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to
the Terms of this Development Agreement by signing below:
Attest:
By: �4h�?�tce, %e__�
ChristyO'Flaherty, CityClerk
rtY
Approved As To Form:
By: f cku 6
'far -Shelley Kerslake
City Attorney
CITY:
CITY O UKWILA, a municip ,1 corporation
By:
Haggert
ayor
DEVELOPER:
South Center LC
By:
Omar Lee
Manager
9
33
34
January 28, 2019
Dear Councilmen:
First of all, we want to thank you for believed in us and supported us to create the first mixed use hi -rise
project in the City of Tukwila. This project has been well received by the community. The comments we
get on a regular basis from our residents, hotel guests and the surrounding public made us very proud to
be the developer of this project. We appreciate all of you, the Councilmen, the City staffs for working
with us since 2012. We need your continue support with the success of this project.
When we first design this project, we admit we had put way too much attention to the hotel section.
Being a seasonal developer for residential projects, we did make a mistake by not emphasize the signage
for residential portion. Totally neglected the unique situation we have at this location which has no
residential ever existed. For a normal residential project, we do not need to put more than just a
building awning type of sign. However, with this project, we finally realized that visible signs are
absolutely needed. Because we need to educate the surrounding public, that we have quality living
residential units available. For your information, a residential rental project average lease derives from
walk-in traffic is 25-35%. With our project, we have 0% since January 2017. People simply do not know
the residential portion within the project exists, they believe the whole building is a hotel.
We are requesting an amendment to our Development Agreement. We want to install 2 additional
building signs each with 1000 square feet for the residential area. We have attached the proposed sign
elevations.
We understand the City has sign code. However, we believe the code was established without
consideration of hi -rise buildings. With hi -rise, the size of the sign is critical. It is meaningless if people
on the street level cannot read. We appreciate your consideration for our request. Again, this is a
critical decision which leads the fate of this project. Thank you very much for your time.
Best Regards,
Christine Lee
Attachment B
35
36
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LEVEL TWO; IS STALLS COMPACT: 103 STALLS
LEVEL THREE CI STALLS ACCESSIBLE: 05 STALLS
LEVEL FOUR: 40 STALLS SUB iOtAL S,VX R
SUBTOTAL: SIC STALLS
VALET: i7 STALLS
VALET. 17 STALLS
TOTAL 335 STALLS TOTAL. 203 STALLS
O Site Plan
Scale 1/64" = 1'-0'
a division of GM Nameplate I
2201 15th Ave. West
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FRONTAGE LANDSCAPE REQUIRED.20 SF/STALL 20 • 37 STALLS 740 SF
FRONTAGE LANDSCAPE PROVIDED: 1y44 SF
BACK OF SITE LANDSCAPE REQUIRED; 10 SF/STALL 10. 155 STALLS 1,250 SF
BACK OF SITE LANDSCAPE PROVIDED 4,144SF - - — —
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Revision date: 08-10-17
COMMON OPEN SPACE CALCULATIONS:
NOTE. COMMON OPEN SPACE REQUIRED: 25 SF/UNIT .2SF = 101
HOTEL COMMON OPEN SPACE PROVIDED:
FIRST FLOOR
SECOND FLOOR
T TH RDDR
SAL HO'iE.COMMON OPEN SPACE PROVIDED:
•a4•u7r1•w1
4,525 SF
7,042 SF
4,510 SF
5,530 SF
17,451 SF
APARTMENT COMMON OPEN SPACE REQUIRED: 45 SFAINIT:45 SF [ 371 15515 5F
APARTMENT COMMON OPEN SPACE PROVIDED:
FIRST ROOK 5,1151 SF
SECOND FLOOR: 2,771 SF
19TH FLOOR: 5.555 SF
SITE PLAN AMENITIES
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Fabricate and install: (1)
exterior single faced
illuminated Pushed thru
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0 Cabinet to be an extruded aluminum
construction. Painted Light Grey to match
PMS# (color TBD) (satin finish).
0 AIRMARK APARTMENTS" lettering and
Scorelines to be routed out of aluminum
face with 1" Acrylic- Clear letters step
routed pushed thru aluminum face, letter
edges to be sanded frosted edges Faces
of letters to have first surface applied
opaque 3M Scotchcal vinyl- Matte Black
#3650-22. Back with a sheet of translucent
Polycarbonate- White.
Backlit illumination of lettering to be LED's
white 5100k. Power supplies to be
mounted within cabinet. Power to sign by
others.
Mount cabinet flush to face of canopy with
(10) 3/8" toggle bolts or (10) 3/8" lag
screws into structure.
a division of GM N
220115th Ave. West
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Phone: 206,284,2001
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Fax:206284.8510
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Power supply aluminum box
Power maluminum box bv&c
Section View
Sign 2
Fabricate and install: (1) exterior single
faced illuminated pan channel lettering
"HOTEL INTERURBAN" lettering tobepan channel
aluminum construction, painted Charcoal tomatch
PMS#a|acx 7o(saun rinisn).rtrim cap tobe Black,
Letter faces tobetranslucent acrylic- White #7328.
Backlit illumination oflettering tobeLEo'swhite 5loox,
Power supplies tobe remotely mounted within
aluminum boxes, behind sign fascia band. Power tosign
by others. mount ndiv/dua| letters to face o,canopy
with 114 x I" self tapping sheet metal screws into panel,
HOTEL INTERURBAN
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhoods Committee
FROM: Jack Pace, DCD Director
BY: Nora Gierloff, Deputy DCD Director
CC: Mayor Ekberg
DATE: February 12, 2019
SUBJECT: Shoreline Master Program Update
ISSUE
Tukwila is undertaking a required periodic review of its Shoreline Master Program and Zoning
Code Shoreline Overlay for consistency with State law and Best Available Science (BAS).
BACKGROUND
The Green/Duwamish River in Tukwila is categorized as a Shoreline of the State. In response to
the State Shoreline Management Act (SMA) and Federal requirements, Tukwila has adopted
three documents related to the river — the Shoreline Master Program (SMP), Shoreline Element
in the City's Comprehensive Plan, and zoning regulations in TMC Chapter 18.44 Shoreline
Overlay.
Most construction, grading or clearing within 200 feet landward of the ordinary high water
mark (OHWM) requires a Shoreline Substantial Development Permit which is reviewed by the
Washington State Department of Ecology after issuance by the City. The City's shoreline
development regulations balance economic interests, flood control, and residential
development with enhancement and stewardship of the ecological functions of the river.
The City of Tukwila completed a comprehensive update to its Shoreline Master Program in
2009, with additional revisions made in 2011. Washington state law requires jurisdictions to
periodically review and update their SMPs every eight years for compliance with changes to the
SMA and Department of Ecology guidelines and legislative rules.
Staff briefed the Committee on 6/12/18 about state funding for this update, the scope of work
and the public participation plan. Since then we have done a city-wide mailing, put information
about this ongoing work in the September 2018 eHazelnut, included a flyer in the last water bill,
sent updates to an email interest group, held an open house on 10/9/18, held a Planning
Commission work session on 10/25/18 and worked with our consultant and DOE reviewer on a
public review draft. The update is due on June 30, 2019.
43
INFORMATIONAL MEMO
Page 2
DISCUSSION
This periodic update will focus on:
• Reviewing relevant legislative updates since 2009 and incorporating any applicable
amendments per the Gap Analysis Report (available on the Shoreline Management page
of the City website http://www.tukwilawa.gov/departments/community-
development/shoreline-management/ ).
• Ensuring consistency with recently adopted regulations for critical areas and flood hazard
areas.
• Streamlining and eliminating duplication in the documents.
• Addressing a limited number of policy questions.
This periodic update will not:
• Re-evaluate the ecological baseline which was established as part of the 2009
comprehensive update.
• Extensively assess no net loss criteria other than to ensure that proposed amendments do
not result in degradation of the baseline condition.
• Change shoreline jurisdiction or environment designations.
Streamlining/Eliminating Duplication
The current SMP includes policies and regulations that were subsequently adopted into the
Comprehensive Plan and Zoning Code. This duplication has given rise to inconsistencies and
requires duplicate amendments whenever changes are made. The proposal is to create a multi-
part SMP that spans these documents and includes the Shoreline Element and Chapter 18.44 by
reference without repeating policy or regulation language.
The current Chapter 18.44 Shoreline Overlay duplicates the environmental regulations found in
Chapter 18.45 Sensitive Area Ordinance for sensitive areas within the shoreline jurisdiction.
After discussion with our DOE reviewer the proposal is to eliminate this duplication and add
additional language about applicability and limitations. This does mean that adoption of the
environmental regulation update will need to occur simultaneously with the adoption of the
shoreline update.
Another proposal is to combine the shoreline use matrix and narrative list of uses into a single
table for clarity. Similarly the narrative discussion of shoreline buffers has been put into a table.
Policy Questions
Additional Flexibility for Levee Profile
The current SMP contains a minimum levee profile with a mid -slope bench that is required
throughout the City. In practice this has not always been the chosen solution for a given
Z:\Council Agenda Items\DCD\2-12-19\CDN 2-12-19 Shoreline Update Memo.docx
44
INFORMATIONAL MEMO
Page 3
location and has required a shoreline variance even for designs with better environmental
performance. The proposal is to retain the minimum levee profile as an example but allow
flexibility to address site conditions and environmental opportunities without the variance
process as long as criteria such as an overall 2.5:1 slope (red line below) and native plantings
are met.
Typical Shoreline Buffer in Lev Are as-W dtt
2*
ntertance Easeraerr
Reconfigured Levee
vegetated Eench
— Willows
Existing l vee
or hreary Nigh
plater INark
ONWM
econtl tired Slope everagcs ,5.1 «lih trench
Minimum Levee r fi le
Not To Scale
Additional Flexibility for Floodwalls
This update is happening alongside a discussion about flood protection measures in the Lower
Green River Corridor Flood Hazard Management Plan. There are multiple alternatives under
consideration including the question of whether future levees should be built to protect against
500 year rather than 100 year flood events. This could require levees to be between 3.5 and 5.5
feet higher, which requires between 20 and 30 additional feet of width with a front and back
slope of at least 2.5:1 or adding 3.5 to 5.5 feet of height to a flood wall configuration without
the need for an additional 20 to 30 feet of width.
The current Flood Control District access road standard is 15', not the 10' built into our current
buffer calculation so the total width of the levee footprint could increase by up to 35 feet.
Allowing an alternative flood wall configuration to substitute for the back slope, especially
where site constraints exist, would reduce the width needed and lessen the impact on adjacent
property owners. Levees are so expensive to build and the consequences of a levee failure are
so significant that the need to allow site specific design solutions may be desirable to reach life
safety and economic goals.
Increased Incentives
A proposal is to provide increased building height incentives for property owners who provide
shoreline buffer restoration or shoreline public access above that required by code. Currently
the 15% height increase allowed on properties that restore shoreline buffers or build shoreline
public access amenities only results in a 6.75 feet building height increase, not enough for an
Z:\Council Agenda Items\DCD\2-12-19\CDN 2-12-19 Shoreline Update Memo.docx
45
INFORMATIONAL MEMO
Page 4
additional story, so developers have not used the provision. Changing to a 13.5 foot increase
may be a more appealing incentive to encourage buffer restoration or public access.
RECOMMENDATION
Information only. The next step is for the Planning Commission to hold a public hearing on the
Shoreline update and then send a recommended draft to the City Council for review and
adoption.
ATTACHMENTS
A. Shoreline Update Public Participation Plan
Z:\Council Agenda Items\DCD\2-12-19\CDN 2-12-19 Shoreline Update Memo.docx
46
TUKWILA Shoreline Master Program Periodic Review:
Public Participation Plan
Introcuction
The City of Tukwila is undertaking a periodic review of its Shoreline Master Program (SMP), as required
by the Washington State Shoreline Management Act (SMA), RCW 90.58.080(4). The SMA requires each
SMP be reviewed and revised, if needed, on an eight -year schedule established by the Legislature. The
review ensures the SMP stays current with changes in laws and rules, remains consistent with other
Tukwila plans and regulations, and is responsive to changed circumstances, new information and
improved data.
The purpose of this Public Participation Plan is to describe how Tukwila will encourage early and
continuous public input throughout the SMP review process, including the steps that Tukwila will take to
provide opportunities for public engagement and public comment, as well as Tukwila contact
information and web addresses.
1.0 Pualic Jarticipation Goals
• Provide interested parties with timely information, an understanding of the process, and
multiple opportunities to review and comment on proposed amendments to the SMP.
• Actively solicit information from citizens, property owners and stakeholders about their
concerns, questions and priorities for the Periodic Review process.
• Encourage interested parties to informally review and comment on proposed changes to the
SMP throughout the process and provide those comments to decision makers.
• Provide forums for formal public input at project milestones prior to decision -making by local
officials.
• Consult and consider recommendations from neighboring jurisdictions, federal and state
agencies, and Native American tribes.
2.0 Pualic Partici
Nation Op
aortunities
Tukwila is committed to providing multiple opportunities for public participation throughout the process
and will use a variety of communication tools to inform the public and encourage their participation,
including the following:
2.1. Website
Tukwila's website will include a Periodic Review webpage where interested parties can access status
updates, draft documents, official notices, minutes and other project information. The webpage will be
the primary repository of all information related to the Periodic Review process, including draft
documents, official notices, a Frequently Asked Questions section, and other project information. The
page will include who to contact for more information and an email link for questions and comments.
2.2 Notice mailing list
A postcard will be mailed to all property owners and tenants within the 200 foot shoreline jurisdiction
notifying them of the upcoming SMP review and inviting them to join an email list of interested parties.
Attachment A
47
The list will be maintained by the Department of Community Development (DCD) and will be used to
notify interested parties regarding Periodic Review progress and participation opportunities, including
the open house.
2.3 Open House
Tukwila will initiate the Periodic Review with a community open house. Public comments
received during the Open House will be posted on the Periodic Review webpage.2.4
Comment
All documents under consideration will be available on the Periodic Review webpage and available for
review at DCD. Interested parties will be encouraged to provide comments by letter or email. All
comments will be compiled and provided to the City Council and Planning Commission.
2.5 Planning Commission
The Planning Commission will hold a public hearing and interested parties are encouraged to attend and
provide comments. Official notices will be published as established by Tukwila code.
2.6 News media
The local news media will be kept up-to-date on the Periodic Review process and receive copies of all
official notices.
3.0 List of stakeholders
Tukwila will reach out to the following stakeholders:
Washington Department of Ecology
Washington Department of Fish and Wildlife
U.S. Army Corps of Engineers
Boeing Company
La Pianta
Muckleshoot Tribe
BECU
City of Kent
City of Seattle
City of SeaTac
City of Renton
City of Burien
King County
Mid -Sound Fisheries Enhancement Group
All property owners and tenants within the 200 foot shoreline jurisdiction
4.0 Puolic Comment Perioc
s anc Hearings
The Planning Commission will conduct a public comment period and at least one public hearing to solicit
input on the Periodic Review. The Tukwila City Council will hold one public hearing before final adoption.
Tukwila will coordinate with the Department of Ecology on public notification of comment periods and
hearings to take advantage of Ecology's optional SMP amendment process that allows for a combined
state -local comment period (WAC 173-26-104).
48
Public notice of all hearings will state who is holding the comment period and/or hearing, the date and
time, and the location of any public hearing. Notices will be published per official policy and comply with
all other legal requirements such as the Americans with Disabilities Act. A notice will be sent to the
email list (2.2, above) and the Department of Ecology.
5.0 Public Partici
nation Timeline
The following is a general timeline including anticipated public participation opportunities. Tukwila will
coordinate with the Department of Ecology throughout the process. A detailed timeline will be posted
on the Periodic Review webpage.
June Work Plan and Public Participation Plan Presented to Council
July All City Mailing in Stormwater Bills
September Postcard Notice Mailing to property owners
Public Comment Period on Scope of Update
October Open House
January Planning Commission Hearing
Public Comment Period on Draft Revisions
March City Council Committee Review of Draft Ordinances
City Council Public Hearing
May Final Ordinances Presented to Council
49
50