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Permit PL11-004 - BILL SUMMERS - UNCLASSIFIED USE PERMITS
BILL SUMMERS CRISIS DIVERSION 11244 TUKWILA INTL BLVD PLI 1-004 LII-008 LII-01O UNCLASSIFIED USE APPEAL BILL SUMMERS CRISIS DIVERSION 11244 TUKWILA INTL BLVD LII-008 UNCLASSIFIED USE SLEEPING TIGER V CITY OF TUKWILA DISCOVERY REQUEST ATTACHED DOCUMENTS HAVE BEEN PROVIDED TO WCIA ATTORNEYS DAT SIGNATURE `plc% 3 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director February 8, 2011 Mr. Bill Summers PO Box 261 Medina, WA 98039 RE: Crisis Diversion Facilities at Riverside L11-008 Dear Mr. Summers: The City has received additional application material from you for the land use application listed above. As I outlined in my letter dated February 7, 2011, the City cannot accept the application because of the current MIC Moratorium. I am returning the additional materials you have submitted. incerely, Eck Pace, Director 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 ell* of J uktuita Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, _Teri Svedahl HEREBY DECLARE THAT: Notice of Public Hearing Determination of Non -Significance Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit — _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 X Other: Return of Unclassified Use Application Was mailed to each of the addresses listed on this 8 day of _February in the year 2011 Bill Summers PO Box 261 Medina WA 98039 Project Name: Bill Summers, Crisis Diversion Facilities at Riverside Project Number: PL11-004, L11-008 Mailing requested by: Brandon Miles Mailer's signature: //'cPL12 /(__\ W:\USERS\TERI\TEMPLATES\AFFIDAVIT OF DISTRIBUTION.DOC City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director February 7, 2011 Mr. Bill Summers PO Box 261 Medina, WA 98039 RE: Crisis Diversion Facilities at Riverside L11-008 Dear Mr. Summers: On February 3, 2011, the City of Tukwila received your Unclassified Use Permit application to operate a Crisis Diversion Facility at 11244 Tukwila International Blvd (King County Parcel 092304-9153). This letter is to inform you that the application cannot be accepted and reviewed because the City has a moratorium in place within the Manufacturing Industrial Zone (MIC). On February 10, 2010, the Tukwila City Council adopted Ordinance No. 2277 which established a six-month moratorium on the acceptance and issuance of land use applications for certain types of non -manufacturing uses. The purpose of the moratorium is to allow the City adequate time to research and study the land supply within the MIC zone in order to determine if the City's development regulations act to retain existing and attract new manufacturing businesses to the City. The moratorium was subsequently renewed by the adoption of Ordinance Nos. 2300 and 2321. Your application narrative references King County's Crisis Diversion Program. Based on King County's description of this Program, it appears that the CDF Program is a non - manufacturing use and thus would be covered under the City's moratorium. Since your proposed use is subject to the moratorium, the City cannot accept your Unclassified Use Permit application. Your application and plans are enclosed. I have requested that our Finance Department refund you your permit fee of $4875. Once the City has completed its study of the issues within the MIC zone the current moratorium will be lifted. At that time you can resubmit your permit application to the City for review and for final action. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 Finally, as a property owner within the MIC zone, I strongly encourage you to be involved in the MIC study that is currently taking place. The City is interested in hearing from property owners about what is needed for the MIC zone to be a vibrant manufacturing center in King County. The City is currently seeking members of the public to serve on an advisory board. For more information visit, www.ci.tukwila.wa.us/dcd/micstudy.htrl. If you have any questions, please call me at (206) 431-3670. incerely, Jk Pace, Director TO: Laurie Anderson Fi ance FROM: Jack Pace, Directo DATE: February 7, 2011 RE: Refund Request, L11-008 Permit L11-008 cannot be accepted and reviewed by the City because of a current moratorium in place. Please refund all permit fees to the applicant. A copy of the credit voucher and receipt is attached. Please call me if you have any questions. Thanks. City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Fax: 206-431-3665 Web site: http://www.ci.tukwila.wa.us RECEIPT Parcel No.: 0923049153 Permit Number: L11-008 Address: 11244 TUKWILA INTERNATIONAL BL TUKW Status: PENDING Suite No: Applied Date: 02/03/2011 Applicant: SUMMERS, BILL Issue Date: Receipt No.: R11-00209 Payment Amount: $4,875.00 Initials: CPL Payment Date: 02/03/2011 01:21 PM User ID: 1661 Balance: $0.00 Payee: FEES FOR UNCLASSIFIED USE PERMIT- CRISIS DIVERSION FACILITY TRANSACTION LIST: Type Method Descriptio Amount Payment Credit Crd VISA 388 4,875.00 Authorization No. 003894 ACCOUNT ITEM LIST: Description Account Code Current Pmts ZONING/SUBDIVISION 000.345.810 4,875.00 Total: $4,875.00 doc: Receiot-06 Printed: 02-07-2011 DCD—PW—PERt9IT CTR 6300 SOUTHCEI1TER BLUD TUKWILA, WA 98188 TERMINAL ID. ; 82845883 MERCHANT 0: 362313263885 UISA CLK. 1685 SALE BATCH: 000020 DATE: Feb 03, 11 SEA: 0804 TOTAL. KELLY HAHSEN INUOICE 5543100468 TIME: 13:20 AUTH:003894 $4875.00 A Iid RISE ISSUER AMOUNT ACCORDING G ARD ISSUER AGREEMENT MERCHANT AGREEMENT IF CREDIT VOUCHER MERCHANT COPY City of Tukwila Washington Ordinance No. . a .1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE PRESERVATION OF INDUSTRIAL LAND WITHIN THE CITY'S MANUFACTURING / INDUSTRIAL CENTER, RENEWING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING, AND DEVELOPMENT PERMITS, BUSINESS LICENSES AND/OR APPROVALS FOR ANY CHANGE IN USE FOR CERTAIN NON -INDUSTRIAL USES WITHIN THE MANUFACTURING / INDUSTRIAL CENTER ZONE; REPEALING ORDINANCE NO. 2300; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, the City of Tukwila contains one of four manufacturing and industrial centers (MIC) in King County; and WHEREAS, these MIC areas are key components of the regional economy and are designated via a regional process through the Countywide Planning Policies; and WHEREAS, on February 16, 2010, the Tukwila City Council adopted Ordinance No. 2277, which declared an emergency and established a moratorium on the acceptance and issuance of applications for certain non -industrial uses within the Manufacturing Industrial Center zones; and WHEREAS, on April 5, 2010, the Tukwila City Council, following a public hearing, adopted Ordinance No. 2280, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2277 and which also amended Ordinance No. 2277; and WHEREAS, on April 5, 2010, staff from the Department of Community Development presented the City Council a work plan intended to study and address issues with the City's MIC zones; and WHEREAS, on August 2, 2010, following a public hearing, the City Council adopted Ordinance No. 2300, which renewed and extended the moratorium adopted by Ordinance No. 2277; and WHEREAS, as outlined in Ordinance No. 2300, the Department of Community Development has completed a report entitled, "Tukwila Manufacturing Industrial Center Comprehensive Plan Update Background Report," which presents an inventory of the current businesses and land use within the MIC; and WHEREAS, the City intends to engage stakeholders in the MIC area as we move forward with the City's study of issues in the MIC; and WHEREAS, as part of the City's outreach efforts, the Tukwila International Boulevard Action Committee was briefed on the City's MIC update on November 9, 2010; and W\Word Processing\Ordinances \MIC Moratorium RenewaLdocx NG:mrh 12/28/2010 Page 1 of 2 WHEREAS, where practically possible, the City strives to meet the needs of Tukwila's business and property owners during any land use update, and to that end, the City has sent out a questionnaire to businesses and property owners within the MIC in order to gauge the needs of both businesses and property owners as the City moves ahead with any possible changes to the land use regulations for the MIC; and WHEREAS, a staff report of the issues in the MIC is scheduled to go before the Planning Commission and City Council in the spring of 2011; and WHEREAS, the current moratorium will expire before staff can report back to the Planning Commission and City Council on proposed land use recommendations within the MIC areas; and WHEREAS, an extension of the moratorium is necessary to protect the public welfare; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed regarding the preservation of industrial land within the City's Manufacturing/Industrial Center, and upon the receipt and processing of business license applications, building permit applications, land use applications, and any other permit application. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on January 3, 2011 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium renewed herein shall be in effect until July 1, 2011, unless extended or repealed by the City Council, pursuant to State law. Section 4. Findings of Fact. The City Council adopts the findings of fact contained in Ordinance No. 2280, by this reference, as well as the "Whereas" clauses herein. Section 5. Repealer. Ordinance No. 2300 is hereby repealed. Section 6. 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, unconstitutional or unenforceable 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 7. 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 OTHE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this r • day of . c -. 2011. ATTEST/ AUTHENTICATED: /, oF„L. Christy O'Flaherty, CMC, City Cle' W'\Word Processing\Grdinances\MIC Moratorium Rencwal.docx NG:mrh 12/28/2010 ayor Filed with the City Clerk: / . -ay • / U Passed by the City Council: 1 — 3 --1 / Published: % Effective Date: Ordinance Number: , Page 2 of 2 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2321. On January 3, 2011 the City Council of the City of Tukwila, Washington, adopted the following ordinance the main points of which are summarized by title as follows: Ordinance 2321: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE PRESERVATION OF INDUSTRIAL LAND WITHIN THE CITY'S MANUFACTURING / INDUSTRIAL CENTER, RENEWING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING, AND DEVELOPMENT PERMITS, BUSINESS LICENSES AND/OR APPROVALS FOR ANY CHANGE IN USE FOR CERTAIN NON- INDUSTRIAL USES WITHIN THE MANUFACTURING / INDUSTRIAL CENTER ZONE; REPEALING ORDINANCE NO. 2300; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, CMC, City Clerk Published Seattle Times: January 6, 2011 City of Tukwila Washington Ordinance No. oD 3 00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM RELATING TO THE PRESERVATION OF INDUSTRIAL LAND WITHIN THE CITY'S MANUFACTURING INDUSTRIAL CENTER, RENEWING A SIX- MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING, AND DEVELOPMENT PERMITS, BUSINESS LICENSES AND/OR APPROVALS FOR ANY CHANGE IN USE FOR CERTAIN NON- INDUSTRIAL USES WITHIN THE MANUFACTURING INDUSTRIAL CENTER ZONE; REPEALING ORDINANCE NO. 2277; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, the City of Tukwila contains one of four manufacturing and industrial centers (MIC) in King County; and WHEREAS, these MIC areas are key components of the regional economy and are designated via a regional process through the Countywide Planning Policies; and WHEREAS, on February 16, 2010, the Tukwila City Council adopted Ordinance No. 2277, which declared an emergency and established a moratorium on the acceptance and issuance of applications for certain non -industrial uses within the Manufacturing Industrial Center zones; and WHEREAS, on April 5, 2010, the Tukwila City Council, following a public hearing, adopted Ordinance No. 2280, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2277 and which also amended Ordinance No. 2277; and WHEREAS, on April 5, 2010, staff from the Department of Community Development presented the City Council a work plan intended to study and address issues with the City's MIC zones; and WHEREAS, Department of Community Development staff is currently working to complete a land use inventory of the current businesses and uses located in the City's MIC zones. This research has included review of City business license data and data available from the King County Assessor's Office; and WHEREAS, the City intends to engage stakeholders in the MIC area as we move forward with the City's study of issues in the MIC; and WHEREAS, a staff report of the issues in the MIC is scheduled to go before the Planning Commission and City Council in the fall of 2010; and WHEREAS, the current moratorium will expire before staff can report back to the Planning Commission and City Council on proposed land use recommendations within the MIC areas; and WHEREAS, an extension of the moratorium is necessary to protect the public welfare; W \Word Processing\Ordinances\MIC Moratorium Renewal.docx NG:mrh 7/272010 Page 1 of 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed regarding the preservation of industrial land within the City's Manufacturing Industrial Center, and upon the receipt and processing of business license applications, building permit applications, land use applications, and any other permit application. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on August 2, 2010 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium renewed herein shall be in effect until January 25, 2011, unless extended by the City Council, pursuant to State law. Section 4. Findings of Fact. The City Council adopts the findings of fact contained in Ordinance No. 2280, by this reference, as well as the "Whereas" clauses herein. Section 5. Repealer. Ordinance No. 2277 is hereby repealed. Section 6. 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, unconstitutional or unenforceable 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 7. 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 O THE CITY OF TU/ <�WILA, WASHINGTON, at a Regular Meeting thereof this rd day of /�«514 St— , 2010. ATTEST/ UTHENTICATED: Christy O'Flah 'rty, CMC, City Cle APPROVERA 4 FORM BY: Office of t . • $ • ttorney W \Word Proccssing\Ordinances\MIC Moratorium Renewal.docx NG:mrh 7/27R010 -Iaggerayor Filed with the City Clerk: 9 - ,)-e - / 0 Passed by the City Council: e —a-i O Published: g' - 5 / D Effective Date: 8 - / t-//) Ordinance Number: a . co Page 2 of 2 SUMMARY OF Ordinance No. 2300 City of Tukwila, Washington On August 2, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2300, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM RELATING TO THE PRESERVATION OF INDUSTRIAL LAND WITHIN THE CITY'S MANUFACTURING INDUSTRIAL CENTER, RENEWING A SIX- MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING, AND DEVELOPMENT PERMITS, BUSINESS LICENSES AND/OR APPROVALS FOR ANY CHANGE IN USE FOR CERTAIN NON- INDUSTRIAL USES WITHIN THE MANUFACTURING INDUSTRIAL CENTER ZONE; REPEALING ORDINANCE NO. 2277; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on August 2, 2010. Christy O'Flahert , CMC, City Clerk Published Seattle Times: August 5, 2010 City of Tukwila Washington Ordinance No. -a 80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2277, RELATING TO THE PRESERVATION OF INDUSTRIAL LAND WITHIN THE CITY'S MANUFACTURING INDUSTRIAL CENTER; ESTABLISHING A SIX- MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, BUSINESS LICENSES AND/OR APPROVALS FOR ANY CHANGE IN USE FOR CERTAIN NON -INDUSTRIAL USES WITHIN THE MANUFACTURING INDUSTRIAL CENTER ZONE; ADOPTING FINDINGS OF FACT SUPPORTING THE ESTABLISHMENT OF THE MORATORIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on February 16, 2010, the Tukwila City Council passed Ordinance No. 2277, which declared an emergency and established a moratorium on the acceptance and issuance of applications for certain non -industrial uses within the Manufacturing Industrial Center zone; and WHEREAS, Tukwila supports the economic health of our existing industrial businesses and institutions per Comprehensive Plan Goal 11.1; and WHEREAS, Tukwila's Comprehensive Plan Policy 11.1.5 allows for uses that support manufacturing and industry, such as offices and laboratories, while limiting unrelated uses; and WHEREAS, Tukwila's Comprehensive Plan Policy 11.1.7 supports developing the Duwamish River as a natural feature amenity in the MIC; and WHEREAS, this moratorium amends the provisions adopted under Ordinance No. 2277; and WHEREAS, the City of Tukwila contains one of four manufacturing and industrial centers (MIC) in the County; and WHEREAS, these MIC areas are designated via a regional process through the County -wide Planning Policies; and WHEREAS, the King County County -wide Planning Policies state that by 2010 jurisdictions that contain MIC areas shall have zoning and detailed plans in place to achieve the following goals: 1) Preserve and encourage the aggregation of vacant or non-conforming/industrial land parcels sized for manufacturing/industrial uses; 2) Discourage land uses that are not compatible with manufacturing, industrial and advanced technology uses; 3) Accommodate a minimum of 10,000 jobs; and 4) Limit the size of office and retail unless as an accessory use; and WHEREAS, as part of the 2009-2010 biennial budget, the Mayor's Office and the City Council identified a goal of updating the City's zoning and development regulations within the City's MIC area; and W:\Word Processing\Ordinances\MIC Moratorium Amend.docx JP:ksn 3/30/2010 Page 1 of 4 WHEREAS, manufacturing jobs typically provide living wage jobs that the City Council desires to be retained within the City; and WHEREAS, the City of Tukwila's MIC area borders the City of Seattle's MIC zoned area and coordination between the City of Seattle, the City of Tukwila and King County is needed in order to preserve, protect and enhance the region's industrial land supply, which is essential to the long-term economic vitality of the region; and WHEREAS, the King County County -wide Planning Policies note, "MIC Employment Centers are key components of the regional economy. These areas are characterized by a significant amount of manufacturing, industrial and advanced technology employment"; and WHEREAS, the King County County -wide Planning Policies note that "cities that contain MIC areas should discourage and prevent incompatible uses within the MIC areas"; and WHEREAS, the King County County -wide Planning Policies state that all jurisdictions within the County benefit from and are impacted by the four MIC areas located within the County; and WHEREAS, the City's current regulations within the MIC area allow a wide range of non -industrial uses --such as retail, office and recreation --some of which may not be consistent with the City's update to Tukwila Municipal Code Title 18 (Zoning Code); and WHEREAS, the pressure to convert industrial land to non -industrial uses increases the land value in the MIC zones and these rising land values can threaten to push manufacturing businesses out of the region; and WHEREAS, the City Council of the City of Tukwila desires to research and study the land supply within the MIC zone in order to determine if the City's development regulations act to retain existing and attract new manufacturing businesses to the City; and WHEREAS, the Department of Community Development staff has presented to the City Council the scope of the Manufacturing Industrial Center study; and WHEREAS, the City also desires public input on the issues outlined in the scope of the study; and WHEREAS, the City desires to limit the number of uses that may be rendered non- conforming by an update to Tukwila Municipal Code Title 18 (Zoning Code); and WHEREAS, without an immediate effective date, applications could continue to be received by the City that could establish vested rights for uses that may be inconsistent with the City's update to Tukwila Municipal Code Title 18 (Zoning Code); and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the City is required to hold a public hearing within 60 days of adoption of a moratorium and to adopt findings of fact; and WHEREAS, the City Council, following public notice, held a public hearing on April 5, 2010, on the moratorium provisions listed under Section 2 of this ordinance; NOW THERFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings of Fact. The "whereas" clauses above are hereby adopted by reference as the City Council's findings of facts as if fully set forth herein. Section 2. Moratorium Imposed. The City hereby imposes a moratorium upon the acceptance and issuance of land use applications (except rezone and comprehensive plan amendments), building and development permits, business licenses and/or W:\Word Processing\Ordinances\MIC Moratorium Amend.docx JP:ksn 3/30/2010 Page 2 of 4 approvals for certain non -manufacturing uses within both the MIC/H and MIC/L zones, including, but not limited to: 1. Adult entertainment establishments; 2. Automotive services; 3. Beauty or barber shops; 4. Bicycle repair shops; 5. Stand-alone daycare centers not associated with an existing business within the MIC/H or M1C/L zones or associated with a new manufacturing use within those zones; 6. Commercial laundries; 7. Financial services; 8. Hotels; 9. Laundries, including self serve, dry cleaning, tailoring and dyeing; 10. Libraries; 11. Museums; 12. Art galleries; 13. Motels; 14. Stand-alone offices not associated with other permitted uses listed under TMC 18.36.020 and TMC 18.38.020. Permits may be issued for tenant improvements and expansion of existing office buildings; 15. Outpatient, inpatient, and emergency medical and dental facilities; 16. New parks, trails, picnic areas and playgrounds (public); however, permits may be issued for improvements to or expansion of existing parks, trails, picnic areas and playgrounds; 17. Recreation facilities, athletic or health clubs; 18. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks); 19. Restaurants; 20. Schools and studios for education or self-improvement; 21. Taverns, nightclubs; 22. Self -storage facilities; 23. Colleges and universities; 24. Fire and police stations; 25. Park -and -ride lots; 26. Sports fields; 27. Community centers; 28. Golf courses; and 29. Retail sales not associated with an on site manufacturing use. W:\Word Processing\Ordinances\MIC Moratorium Amend.docx JP:ksn 3/30/2010 Page 3 of 4 Section 3. Vesting. Section 2 of this ordinance shall not apply to any project which submitted a completed building permit application prior to the effective date of this ordinance. Section 4. Duration. The moratorium imposed hereunder shall be in effect until October 5, 2010, unless extended by the City Council, pursuant to State law. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid, unconstitutional or unenforceable for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. For the reasons set forth above, and to promote the objectives stated herein, the City Council finds that a public emergency exists, necessitating that this ordinance take effect immediately upon its passage by a majority plus one of the whole membership of the Council in order to protect the public health, safety, property and general welfare. This ordinance shall take effect and be in full force immediately upon passage by the City Council. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this Ci 7/4 day of r 00,, L , 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City APPROVED AS TO FORA I BY: Office of thetity Attorney W:\Word Processing\Ordinances\MIC Moratorium Amend.docx JP:ksn 3/30/2010 Filed with the City Clerk: ;' 1-i C? Passed by the City Council: LI — Published: y Effective Date: S- / 0 Ordinance Number: Page 4 of 4 SUMMARY OF Ordinance No. 2280 City of Tukwila, Washington On April 5, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2280, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2277, RELATING TO THE PRESERVATION OF INDUSTRIAL LAND WITHIN THE CITY'S MANUFACTURING INDUSTRIAL CENTER; ESTABLISHING A SIX- MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, BUSINESS LICENSES AND/OR APPROVALS FOR ANY CHANGE IN USE FOR CERTAIN NON -INDUSTRIAL USES WITHIN THE MANUFACTURING INDUSTRIAL CENTER ZONE; ADOPTING FINDINGS OF FACT SUPPORTING THE ESTABLISHMENT OF THE MORATORIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on April 5, 2010. Christy O'Flaherfsi, CMC, City Clerk Published Seattle Times: April 8, 2010. City of Tukwila Washington Ordinance No. ,� r) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE PRESERVATION OF INDUSTRIAL LAND WITHIN THE CITY'S MANUFACTURING INDUSTRIAL CENTER, ESTABLISHING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, BUSINESS LICENSES AND/OR APPROVALS FOR ANY CHANGE IN USE FOR CERTAIN NON -INDUSTRIAL USES WITHIN THE MANUFACTURING INDUSTRIAL CENTER ZONE; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, the City of Tukwila contains one of four manufacturing and industrial centers (MIC) in the County; and WHEREAS, these MIC areas are designated via a regional process through the County -wide PIanning Policies; and WHEREAS, the King County County -wide Planning Policies state that by 2010 jurisdictions that contain MIC areas shall have zoning and detailed plans in place to achieve the following goals: 1) Preserve and encourage the aggregation of vacant or non-conforming/industrial land parcels sized for manufacturing/industrial uses; 2) Discourage land uses that are not compatible with manufacturing, industrial and advanced technology uses; 3) Accommodate a minimum of 10,000 jobs; and 4) Limit the size of office and retail unless as an accessory use; and WHEREAS, as part of the 2009-2010 biennial budget, the Mayor's Office and the City Council identified a goal of updating the City's zoning and development regulations within the City's MIC area; and WHEREAS, manufacturing jobs typically provide living wage jobs that the City Council desires to be retained within the City; and WHEREAS, the City of Tukwila's MIC area borders the City of Seattle's MIC zoned area and coordination between the City of Seattle, the City of Tukwila and King County is needed in order to preserve, protect and enhance the region's industrial land supply, which is essential to the long-term economic vitality of the region; and WHEREAS, the King County County -wide Planning Policies note, "MIC Employment Centers are key components of the regional economy. These areas are characterized by a significant amount of manufacturing, industrial and advanced technology employment"; and WHEREAS, the King County County -wide Planning Policies note that "cities that contain MIC areas should discourage and prevent incompatible uses within the MIC areas"; and W:\Word Processing\Ordinances\Moratorium Non -Industrial MIC Zonc.docx JP:ksn 2/17/2010 Page 1 of 3 WHEREAS, the King County County -wide Planning Policies state that all jurisdictions within the County benefit from and are impacted by the five MIC areas located within the County; and WHEREAS, the City's current regulations within the MIC area allow a wide range of non -industrial uses, such as retail, office and recreation; and WHEREAS, the pressure to convert industrial land to non -industrial land increases the land value in the MIC zones and these rising land values can threaten to push manufacturing businesses out of the region; and WHEREAS, the City Council of the City of Tukwila desires to research and study the land supply within the MIC zone in order to determine if the City's development regulations act to retain existing and attract new manufacturing businesses to the City; NOW THERFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Imposed. The City hereby imposes a moratorium upon the acceptance of applications for and issuance of land use, building and development permits, business licenses and/or approvals for certain non -manufacturing uses within both the MIC/H and MIC/L zones, including, but not limited to: 1. Adult entertainment establishments; 2. Automotive services; 3. Beauty or barber shops; 4. Bicycle repair shops; 5. Stand-alone daycare centers not associated with an existing business within the MIC/H or MIC/L zones or associated with a new manufacturing use within those zones; 6. Commercial laundries; 7. Financial services; 8. Hotels; 9. Laundries, including self serve, dry cleaning, tailoring and dyeing; 10. Libraries; 11. Museums; 12. Art galleries; 13. Motels; 14. Offices not associated with a permitted manufacturing use in TMC 18.38.020; 15. Outpatient, inpatient, and emergency medical and dental facilities; 16. Parks, trails, picnic areas and playgrounds (public); 17. Recreation facilities, athletic or health clubs; 18. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks); 19. Restaurants; 20. Schools and studios for education or self-improvement; W:Word Processing\ 0rdinances\Moratorium Non -Industrial M1C Zone.docx JP:ksn 2/11/2010 Page 2 of 3 21. Taverns, nightclubs; 22. Self -storage facilities; 23. Colleges and universities; 24. Fire and police stations; 25. Park -and -ride lots; 26. Sports fields; 27. Community centers; 28. Golf courses; and 29. Retail sales not associated with an on -site manufacturing use. Section 2. Vesting. Section 1 of this ordinance shall not apply to any project which submitted a completed building permit application prior to the effective date of this ordinance. Section 3. Public Hearing. Pursuant to RCW 35A.63.220, a public hearing will be held on or before April 12, 2010 for the purpose of adopting findings and conclusions in support of the provisions of this ordinance. Section 4. Duration. The moratorium imposed hereunder shall be in effect until August 16, 2010, unless extended by the City Council, pursuant to State law. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid, unconstitutional or unenforceable for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Declaration of Emergency - Effective Date. For the reasons set forth above, and to promote the objectives stated herein, the City Council finds that a public emergency exists, necessitating that this ordinance take effect immediately upon its passage by a majority plus one of the whole membership of the Council in order to protect the public health, safety, property and general welfare. This ordinance shall take effect and be in full force immediately upon passage by the City Council. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this f .6" day of re bl rugry , 2010. ATTEST/ AUTHENTICATED: Christy O'tlaherty, CMC, City Clerk APPROVED AS TO EQRM BY: aggerton/ J or Filed with the City Clerk: _) 0 - / o Passed by the City Council: - i 6 - / l7 -aa-, o Published: Effective Date: Ordinance Number: W:\Word Processing \Ordinances\Moratorium Non -Industrial MIC Zone.docx JP:ksn 2it12010 -lb-/0 Page 3 of 3 SUMMARY OF Ordinance No. 2277 City of Tukwila, Washington On February 16, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2277, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE PRESERVATION OF INDUSTRIAL LAND WITHIN THE CITY'S MANUFACTURING INDUSTRIAL CENTER, ESTABLISHING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, BUSINESS LICENSES AND/OR APPROVALS FOR ANY CHANGE IN USE FOR CERTAIN NON -INDUSTRIAL USES WITHIN THE MANUFACTURING INDUSTRIAL CENTER ZONE; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on February 16, 2010. Published Seattle Times: February 22, 2010. RECEIVED CITY OF TUKWILA `FEB 0 3 Mi �,► nUNCLASSIFIED Department of Community DevelopiotpNT USE 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 PERMIT E-mail.: tukplan@ci.tukwila.wa.us APPLICATION FOR STAFF USE ONLY Permits Plus Type P-UU Planner: Application Complete (Date: Application Incomplete (Date: File Number: r) rr Project File Number: 'R.—f (— L b 4 Other File Numbers: NAME OF PROJECT/DEVELOPMENT: (r. ; s i4 Q ie tvS' o n Fac; 1; 4i eS at Cue•s:he y LOCATION OF PROJECT/DEVELOPMENT: (Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL 10 DIGIT PARCEL NUMBERS. Io44 ',4 lc4J lig iv4ive na 4441 R1✓!t. (,P4.c•( No.o42304-91.53) Quarter: &IX Section: 9 Township: 231i, Range: k E (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. ; QIt -44mme Name: rJ Address: P. O• B O$ a , M e& i n Q t W /4 4 ea 3 q Phone: ('4 .S) 4S'(1 2 l•15- FAX: 0)51 diS4.3'I 14 E-mail: a i 10 t1 n'1 Valo f at(tyt_ C.O m nature: ri 1 / Date: Pet j, 011 CRISIS DIVERSION FACILITIES AT RIVERSIDE PROJECT DESCRIPTION RECEIVED FEB 03 20111 COMMUNITY DEVELOPMENT RiverSide is located in Tukwila's MIC/H zone, which specifically allows "essential public facilities" such as crisis diversion facilities to be sited thereon, subject to the issuance of an unclassified use permit. Sleeping Tiger, as owner of RiverSide, files this application for an unclassified use permit in accordance with the requirements and procedures contained in TMC 18.46.010, et seq. Crisis diversion facilities, which include crisis diversion facilities, crisis diversion interim service facilities and a mobile response team, will be managed and operated by a licensed provider in accordance with the terms of a contract with King County. City staff is well aware of the background, purposes and essential operations of crisis diversion facilities. No exterior or site improvements are contemplated in order to make RiverSide's property suitable to accommodate its adaption for siting crisis diversion facilities. The only governmental permits presently contemplated are for interior tenant improvements, including plumbing, electrical and possibly HVAC and fire alarm systems upgrades. No structural changes or additions to RiverSide's existing buildings are anticipated; no new construction is planned. The use of the property as crisis diversion facilities is expected to comply in all respects with all applicable development standards, rules and regulations. The operation of crisis diversion facilities at Sleeping Tiger's RiverSide property will not be detrimental to the public welfare or in any respect injurious to neighboring properties. Being situated in the heart of an industrial area, the facilities will be compatible in all respects to surrounding land uses. Further, their location on the property will promote the goals, objectives and policy requirements of Tukwila's comprehensive plan, as well as allow the city to satisfy its obligations under the Growth Management Act relative to the siting of essential public facilities in the city. To the extent any adverse environmental impacts are identified in connection with the operation of crisis diversion facilities at RiverSide, they can be appropriately mitigated or reasonably regulated through conditions attached to the unclassified use permit requested to be issued by this application. No adverse impacts have so far been identified. CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan«ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. 1 am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contracto`cs or other representatives theright to enter upon Owner's real property, located at 1 1 a44 -NA k M..1 4 2 Ki eon <,Ti I ( g ! v/ for the purpose of application review, for the Iimited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days shall be cause to cancel the application(s) without refund of fees. 1 EXECUTED at (3e llww+< (city), WA' (state), gn F ! to Print Name w • 1 lI g L. Address ell" q,�IA, h4 t 3Y Phone Number L4 as )4(3 Y • 37ZJ Signature 20 1 On this day personally appeared before me Lift,ri1:4N+ C. re.t/11Mess S to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF rn 20 ' NOTARY PUBLItC 16 and for the State of Washington residing at 1( j t o Co J fy My Commission expir se on (2// °nst..Q S;iii 4101 BILL SUMMERS CRISIS DIVERSION 11244 TUKWILA INTL BLVD LII-01O APPEAL BEFORE THE HEARING EXAMINER CITY OF TUKWILA In the Matter of the Appeal of SLEEPING TIGER LLC From an action by the Director, Department of Community Development ORDER On February 11, 2011, Sleeping Tiger LLC filed an appeal of the Department of Community Development (DCD) refusal to accept Sleeping Tiger's application for an unclassified use permit. DCD forwarded a copy of the notice of the appeal on February 14, 2011, and the Hearing Examiner held a telephonic preconference hearing with the parties on February 18, 2011. During the conference, the Examiner indicated that it did not appear that the Examiner had jurisdiction over the appeal, and the parties were invited to submit additional argument regarding the Examiner's authority. Sleeping Tiger LLC filed its arguments via email on February 22, 2011. The City submitted a short email describing its position on February 24, 2011. On February 3, 2011, Sleeping Tiger LLC submitted an Application for an Unclassified Use Permit, together with an application fee, to DCD seeking to locate a "crisis diversion facility" on its property located at 11244 Tukwila International Boulevard, Tukwila, WA. Under TMC 18.66.040, Unclassified Use Permits are Type 5 decisions, which require City Council approval. In a letter to Sleeping Tiger dated February 7, 2011, the Director stated "the application cannot be accepted and reviewed because the City has a moratorium in place within the Manufacturing Industrial Zone (MIC)." The letter went on to state that "Since your proposed use is subject to the moratorium, the City cannot accept your Unclassified Use Permit application. Your application and plans are enclosed. I have requested that our Finance Department refund you your permit fee of $4875." On February 11, 2011, Sleeping Tiger LLC filed an appeal of the City's rejection of its application, requesting the Hearing Examiner to "determine that Tukwila's decision to reject its application for an unclassified use permit for crisis diversion facilities on the Property was improper and to order the city to process Sleeping Tiger's application on an expedited basis." No Code provisions have been cited that grant authority to the Hearing Examiner to review the Director's rejection of the application. Sleeping Tiger argues that the Director's action constitutes a Director's interpretation which may be appealed to the Sleeping Tiger LLC Appeal Order - Page 1 of 2 Examiner as a Type 2 decision. However, there is nothing in the Director's February 7, 2011 indicating that DCD considered its letter to be an interpretation, and there is no evidence that a formal interpretation was requested in accordance with TMC 18.96.020. Sleeping Tiger also argues that the Director's action is. contrary to Tukwila's Comprehensive Plan and development regulations, and also violates Washington State law. These arguments appear to address the moratorium itself, rather than the Director's action. But even if the arguments were presumed to be correct, they would still not confer authority on the Examiner to review the Director's rejection of the application. Because the Hearing Examiner lacks jurisdiction over the appeal, it is hereby dismissed. Entered this 28th day of February, 2011. Anne Watanabe, Hearing Examiner City of Tukwila Sleeping Tiger LLC Appeal Order - Page 2 of 2 BEFORE THE HEARING EXAMINER CITY OF TUKWILA CERTIFICATE OF SERVICE BY MAIL I, Alvia N. Williams, certify that on the 28th day of February, 2011, I deposited in the mail of the United States (with postage prepaid) a sealed envelope containing the attached ORDER, addressed to each person listed on the back of this certificate of mailing or on the attached mailing list, in the matter of SLEEPING TIGER LLC. File number(s): _ I further certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct and that this certificate of service was executed this 28th day of February, 2011, at Seattle Washington. Name: Alvia N. Williams Title: Paralegal Mailing To BRANDON J. MILES SENIOR PLANNER DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 SOUTHCENTER BLVD, SUITE 100 TUKWILA WA 98188 EMAILED A COPY TO: BRANDON MILES, BILL SUMMERS, AND SARA SPRINGER Watanabe, Anne From: Watanabe, Anne Sent: Friday, February 25, 2011 9:41 AM To: 'SARA SPRINGER'; bill@summersdevelopment.com Subject: RE: FW: GMHB Case No. 10-3-0008 Final Decision and Order Ms. Springer and Mr. Summers, Since I raised the question of jurisdiction, I will not require the City to file a formal motion. I will consider the arguments filed by Mr. Summers, and the City's email below, and issue an order by next week. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124-4729 (206) 684-0521 Fax: (206) 684-0536 From: SARA SPRINGER [mailto:sara@kenyondisend.coml Sent: Friday, February 25, 2011 9:12 AM To: Watanabe, Anne; bill©summersdevelopment.com Cc: bmilesCaci.tukwila.wa.us Subject: Re: FW: GMHB Case No. 10-3-0008 Final Decision and Order Mr. Summers, Can the City assume that this is the extent of the argument/documents you are providing to support your claim that the Hearing Examiner has jurisdiction over your appeal in question? Ms. Watanabe, To the extent that this is the sole authority submitted by Mr. Summers, the City still contends that the issue is extremely straight forward --the Hearing Examiner does not have jurisdiction over the interpretation or a challenge of a city ordinance and Mr. Summers has provided no authority to controvert that fact. The GMHB decision Mr. Summers attached is unrelated to the issue at hand. Again, we view this to be a very simple analysis and one that should be subject to your summary dismissal. However, if you would prefer for the City to file a formal Motion to Dismiss, we will be happy to do so at your request. Many thanks, Sara Sara B. Springer Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah, WA 98027-3820 Tel: (425) 392-7090 1 Watanabe, Anne From: Bill Summers [bill@summersdevelopment.com] Sent: Friday, February 25, 2011 10:15 AM To: 'SARA SPRINGER'; Watanabe, Anne Cc: bmiles@ci.tukwila.wa.us Subject: RE: FW: GMHB Case No. 10-3-0008 Final Decision and Order My 2/22/11 e-mail says it all. We don't challenge the moratorium, but rather the city's acceptance & rejection of an unclassified use permit submitted under Title 18. The city referred this appeal to the Hearing Examiner in accordance with the appeal process provided in Title 18. From: SARA SPRINGER [mailto:sara@kenyondisend.com] Sent: Friday, February 25, 2011 9:12 AM To: anne.watanabe@seattle.gov; bill@summersdevelopment.com Cc: bmiles@ci.tukwila.wa.us Subject: Re: FW: GMHB Case No. 10-3-0008 Final Decision and Order Mr. Summers, Can the City assume that this is the extent of the argument/documents you are providing to support your claim that the Hearing Examiner has jurisdiction over your appeal in question? Ms. Watanabe, To the extent that this is the sole authority submitted by Mr. Summers, the City still contends that the issue is extremely straight forward --the Hearing Examiner does not have jurisdiction over the interpretation or a challenge of a city ordinance and Mr. Summers has provided no authority to controvert that fact. The GMHB decision Mr. Summers attached is unrelated to the issue at hand. Again, we view this to be a very simple analysis and one that should be subject to your summary dismissal. However, if you would prefer for the City to file a formal Motion to Dismiss, we will be happy to do so at your request. Many thanks, Sara Sara B. Springer Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah, WA 98027-3820 Tel: (425) 392-7090 Fax: (425) 392-7071 sara@kenyondisend.com www.kenyondisend.com This message may be confidential, intended only for the named recipient and may contain information that is privileged, attorney work product, or exempt from disclosure under applicable law. If you are not the intended recipient, you are notified that the dissemination, distribution, or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient, please notify the sender at either the e-mail address or telephone number above, and delete this e-mail from your computer. Thank you. »> "Bill Summers" 02/23/11 1:21 AM »> Sorry, I forgot to include attachments. 1 -Alison From: Smith, Vanessa (WWGMHB) f mailto:VanessaS@wwgmhb.wa.govl Sent: Friday, January 07, 2011 10:58 AM To: bill summersdevelopment.com Subject: GMHB Case No. 10-3-0008 Final Decision and Order Hello, Per a telephone request, I am attaching the electronic copy of the Board?s January 4, 2011 Final Decision and Order in GMHB Case No. 10-3-0008. Vanessa R. Sniih Office Asst. to the Growth Management Hearings Board 31.9 7th. Ave SE, Ste 1.03 P.O. Box 40953 ( Olympia, WA 98501. Phone: 360.586.0266 { Fax: 360.664.8975 www.gmhb.wa.gov Click here to report this email as spam. 2 Watanabe, Anne From: Bill Summers [bill@summersdevelopment.com] Sent: Tuesday, February 22, 2011 2:32 PM To: Watanabe, Anne Cc: sara@kenyondisend.com Subject: Sleeping Tiger, LLC v. City of Tukwila FACTUAL BACKGROUND (NECESSARY TO UNDERSTAND HEARING EXAMINER'S JURISDICTION) Essential Public Facilities in Tukwila Under both the Tukwila Municipal Code and Washington's Growth Management Act ("GMA") crisis diversion facilities meet the requirements of "essential public facilities." Policy 15.2.3 of Tukwila's Comprehensive Plan requires all "applications for essential public facilities [to] be processed through the unclassified use permit process established in the City's development regulations. This process shall assure that such facilities are located where necessary and that they are conditioned as appropriate to mitigate their impacts on the community." Essential public facilities such as crisis. diversion facilities are specifically permitted within Tukwila's MIC zone, in which Sleeping Tiger's property is located, subject to the issuance of an unclassified use permit for the project. TMC 18.38.050 Crisis Diversion Center Moratorium The City of Tukwila previously attempted through its moratorium process to frustrate Sleeping Tiger's ability to locate crisis diversion facilities on its property. After receiving information indicating that Sleeping Tiger's property was being seriously considered as the location for crisis diversion facilities, on September 8, 2009, Tukwila imposed a moratorium prohibiting permit applications for such a use (Ordinance No. 2248), allegedly to allow it sufficient time to study and plan for the location of such facilities in Tukwila. The City thereafter: (1) repealed the moratorium on crisis diversion facilities; and (2) at the same time, enacted Ordinance No. 2287 which both restricted the location of crisis diversion facilities to a limited area along the West Valley Highway and effectively prohibited them from being sited on Sleeping Tiger's MIC property. Growth Management Hearings Board Order and Decision Sleeping Tiger appealed this ordinance to the Central Puget Sound Growth Management Hearings Board ("the Board"). On January 4, 2011, the Board entered its Final Decision and Order in Sleeping Tiger, LLC v. City of Tukwila, CPSGMHB Case No. 10-3-0008, a copy of which is attached. The Board determined that the City of Tukwila's comprehensive plan, as implemented in its unclassified use permit regulations, constituted a "scheme [that] provides flexibility for project proponents to find appropriate sites for unique services and for the City to appropriately condition applications for previously unidentified EPFs anywhere in these eight non-residential zones", including the MIC zone. Tukwila's "scheme" relative to the location and regulation of essential public facilities was determined by the Board to satisfy its GMA obligations. However, the Board decided that Tukwila's enactment of Ordinance No. 2287, following a moratorium preventing the implementation of Tukwila's approach to siting essential public facilities, violated its obligations under the GMA. The Board concluded that: "Plainly, a jurisdiction renders the siting of an EPF impracticable when, in response to an inquiry about a permit for a particular location allowed under its current zoning, the jurisdiction imposes a moratorium on permit applications while it amends its zoning to restrict such EPFs to a location other than the proponent's chosen site." As a result, the Board invalidated Ordinance No. 2287, providing Sleeping Tiger with the ability to file its Application for an Unclassified Use Permit which is the subject matter of this appeal. Sleeping Tiger's Application for Unclassified Use Permit 1 On February 3, 2011, Sleeping riger submitted an Application for an Unclassified Use Permit in order to locate crisis diversion facilities on its property on Tukwila International Blvd. Although the staff at the counter initially questioned whether a moratorium applicable to the MIC zone would prevent its filing, the staff decided that the application should be accepted after collecting a $4,875 application fee from Sleeping Tiger. However, this initial decision was quickly reversed by the Director of Tukwila's Department of Community Development, Jack Pace. In a letter dated February 7, 2011, Mr. Pace advised Sleeping Tiger that an MIC-zone moratorium (Ordinance No. 2277) prohibited "the acceptance and issuance of land use applications for certain types of non -manufacturing uses", including by implication essential public facilities (such as crisis diversion facilities) submitted in accordance with the City's unclassified use permit process. MIC Zone Moratorium Concurrently with its moratorium on crisis diversion facilities, the city adopted a separate moratorium on certain non -industrial uses in the MIC by Ordinance No. 2277, a copy of which is attached. This moratorium has been renewed twice and is still in effect. The moratorium applies to "the acceptance of applications for and issuance of land use, building and development permits, business licenses and/or approvals for certain non -manufacturing uses within both the MIC/H and MIC/L zones, including, but not limited to" twenty-nine uses specifically enumerated therein. These uses were included primarily based on the uses permitted outright in the MIC zone, although a few were taken from uses allowed with a conditional use permit. Significantly, on its face the moratorium applies only to "certain" — not all - non -manufacturing uses. In addition, an application for an unclassified use permit was not included in the governmental action covered by the moratorium. Further, no uses otherwise permitted in the MIC zone with an unclassified use permit, including essential public facilities, are mentioned in the moratorium. HEARING EXAMINER'S JURISDICTION 1. Rejection of the Application Was Necessarily Based on the Director's Interpretation of Title 18. Under TMC 18.90.010 "[a]ny person aggrieved by any interpretation of this title by the Director may appeal the Director's interpretation to the Hearing Examiner" (emphasis added) as an appeal of a Type 2 decision. While this is not an appeal of a formal code interpretation requested under 18.96.020, the decision of the Director in this case did involve an interpretation of Title 18, and therefore is appealable to the Hearing Examiner under TMC 18.90.010. Title 18 defines the types of land uses allowed or prohibited in different zones in the City. The classification of a use as one type or another is necessarily an interpretation of Title 18. Here, after rejecting the interpretation of the staff, the Director determined that crisis diversion facilities are one of the types of uses identified in Ordinance 2277 (adopting a moratorium on applications for "certain" non -manufacturing uses). Sleeping Tiger disagrees with this interpretation, and in this appeal asserts that crisis diversion facilities are properly classified as an essential public facility use clearly not covered by the moratorium. 2. The Rejection of the Application is a Decision on a Project Permit that is Appealable Under Title 18. The action being appealed is the City of Tukwila's rejection of an Unclassified Use Permit application. An application for a UUP is a project permit. All project permit decisions are divided into five types. TMC 18.104.010. Since the decision at issue was a decision on a project permit application, it must fall within one of these decision types. The decision is best classified as a Type 2 decision made by the Director in the exercise of his discretion. TMC 18.104.010.2. The decision under appeal was made by the Director after rejecting the staff's decision to accept the permit application. Type 2 decisions are subject to appeal to the Hearing Examiner (except for design review decisions and shoreline decisions, which are not involved here). TMC 18.104.010.2. 3. The Director's Interpretation Is Contrary to Tukwila's Comprehensive Plan and Development Regulations. Tukwila's Comprehensive Plan and implementing zoning regulations, as previously summarized, clearly and unambiguously require applications for the siting of essential public facilities, such as crisis diversion facilities, to be 2 reviewed and approved through Tukwila's unclassified use permit process. There simply is no basis for the Director's interpretation that this regulatory "scheme", as characterized by the Board, was somehow circumvented, even temporarily, by a moratorium whose application does not extend to unclassified use permits generally or to essential public facilities specifically. 4. The Director's Interpretation Violates Washington State Law. In order to apply the MIC moratorium to restrict Sleeping Tiger's ability to site essential public facilities on its property, the Director would have been required to determine that Tukwila's GMA obligations relative to the establishment of a process for siting essential public facilities, and prohibiting regulations precluding this siting, were satisfied. As clearly indicated in the attached Final Decision and Order from the Board, such an interpretation by the Director would be in violation of Washington's GMA. CONCLUSION Based on any of the above considerations, Sleeping Tiger strongly believes that the Hearing Examiner has the jurisdictional authority to hear this appeal under Title 18 of the Tukwila Municipal Code. However, if it is determined that the Hearing Examiner is not the appropriate hearing body, then Sleeping Tiger has requested in writing that the Department of Community Development distribute the appeal to the body designated to hear it, as it is required to do by Tukwila Municipal Code 18.116.030.B. (Assuming the Hearing Examiner does not have jurisdiction, the appeal would. presumably be heard by the Director — i.e. the person who issued the decision being appealed. Such a result makes no sense to an "aggrieved person" such as Sleeping Tiger). Bill Summers Keystone Development 845 106`h Ave. N.E., Suite 205 Bellevue, WA 98004 T: (425) 454-3775 F: (425) 454-3794 Email: bill@summersdevelopment.com 3 Watanabe, Anne From: Bill Summers [bill@summersdevelopment.com] Sent: Tuesday, February 22, 2011 5:18 PM To: Watanabe, Anne; sara@kenyondisend.com Subject: FW: GMHB Case No. 10-3-0008 Final Decision and Order Attachments: UL - 10-3-0008 - FDO - 01-04-2011.pdf; City of Tukwila Ordinance' No 2277.pdf Sorry, I forgot to include attachments. -Alison From: Smith, Vanessa (WWGMHB) jmailto:VanessaS@wwgmhb.wa.govl Sent: Friday, January 07, 2011 10:58 AM To: bill@summersdevelopment.com Subject: GMHB Case No. 10-3-0008 Final Decision and Order Hello, Per a telephone request, I am attaching the electronic copy of the Board's January 4, 2011 Final Decision and Order in GMHB Case No. 10-3-0008. 'o;m s a R. i Office Asst. to the Growth Management Hearings Board 319 7th Ave SE, Ste 103 I P.O. Box 40953 I Olympia, WA 98501 Phone: 360.586.0266 I Fax: 360.664.8975 ; www.gmhb.wa.gov 1 Williams, Alvia From: Bill Summers [bill@summersdevelopment.com] Sent: Tuesday, February 15, 2011 4:27 PM To: Williams, Alvia; bmiles@ci.tukwila.wa.us Subject: RE: Sleeping Tiger, LLC, Prehearing Conference (425)454-3775. Thank you. From: Williams, Alviajmailto:Alvia.Williams@seattle.govj Sent: Tuesday, February 15, 2011 2:47 PM To: bmiles@ci.tukwila.wa.us; bill@summersdevelopment.com Subject: Sleeping Tiger, LLC, Prehearing Conference Dear Parties, The telephone prehearing conference in the appeal of Sleeping Tiger, LLC, will be held on February 18. 2011. at 10:00 a.m.. The Hearing Examiner will call the parties at that time. Please email me a phone number where you can be reached. Thank; Alvia Williams ACvia N. WiCiams Paralegal Office of Hearing Examiner City of Seattle PO Box 94729 Seattle WA 98124-4729 Phone: 206 615-1718 Fax: 206 684-0536 1 Williams, Alvia From: Brandon Miles [bmiles@ci.tukwila.wa.us] Sent: Thursday, February 17, 2011 12:59 PM To: Williams, Alvia Subject: Re: Sleeping Tiger, LLC, Prehearing Conference Ms. Williams - The City can be reached at (206) 433-7199. Brandon Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431-3684 fax (206) 431-3665 bmiles@ci.tukwila.wa.us »> "Williams, Alvia" <Alvia.Williams@seattle.gov> 02/15/2011 2:47 PM »> Dear Parties, The telephone prehearing conference in the appeal of Sleeping Tiger, LLC, will be held on February 18. 2011, at 10:00 a.m., The Hearing Examiner will call the parties at that time. Please email me a phone number where you can be reached. Thank, Alvia Williams Avis N. Williams Paralegal Office of Hearing Examiner City of Seattle 1 PO Box 94729 Seattle WA 98124-4729 Phone: 206 615-1718 Fax: 206 684-0536 2 SLEEPING TIGER, LLC P.O. Box 261 Medina, WA 98039 (425) 454-3775 Fax: (425) 454-3794 Jack Pace Director, Department of Community Development City of "I.Ukwila 6300 Southcenter Boulevard, Suite ;4100 Tukwila, WA .98188 Re: Crisis Diversion Facilities at Riverside L11-008 Dear Mr. Pace: February 18, 2011 Via Fax & E-Mail Sleeping:Tiger LLC submitted an appeal of your decision rejecting Sleeping Tiger's application for an unclassified use permit, made by letter dated February 7, 2011.. Sleeping Tiger believes this appeal is properly heard by the Hearing Examiner. However, if it is determined that the Hearing Examiner is not the appropriate hearing body, then Sleeping Tiger requests that the Department distribute the- appeal to the body d.esignated to hear it, as it is required to do by Tukwila Municipal Code 18.116.030.B. Sincerely, 4 7 lham C. Summers cc: Sarah Springer, Deputy City Attorney Anne Watanabe, Hearing Examiner 25 26 BEFORE THE HEARING EXAMINER CITY OF TUKWILA IN THE MATTER OF THE APPEAL OF SLEEPING TIGER, LLC, a Washington ) ) limited liability company ) ) ) FROM THE REJECTION OF ITS ) APPLICATION FOR AN UNCLASSIFIED ) USE PERMIT ) ) APPEAL OF THE CITY OF TUKWILA'S REJECTION OF SLEEPING TIGER'S APPLICATION FOR AN UNCLASSIFIED USE PERMIT File No. 1. Sleeping Tiger, LLC ("Sleeping Tiger"), a Washington limited liability company, is the legal owner of real property located at 11244 Tukwila International Blvd., Tukwila, Washington (the "Property"). 2. On February 3, 2011, Sleeping Tiger filed an Application for an Unclassified Use Permit in order to obtain the city's approval for the siting crisis diversion facilities, which qualify as "essential public facilities", on the Property. The application was accepted for processing after Sleeping Tiger paid as requested a fee to the city in the amount of $4,875.00. 3. In a letter dated February 7, 2011, the City of Tukwila advised Sleeping Tiger that "... the application cannot be accepted and reviewed because the City has a moratorium in place within the Manufacturing Industrial Zone (MIC) ... Based on King County's description of this Program, it appears that the CDF Program is a non -manufacturing use and thus would be covered under the City's moratorium." A true and correct copy of this letter is attached hereto as Exhibit «A „ 4. The moratorium in question exclusively applies to land use applications, building and development permits, business licenses and/or approvals for certain non -manufacturing uses. It has no application, however, to unclassified use permits filed pursuant to TMC 18.66.010, et seq., and it specifically does not affect the ability of an applicant to file for an unclassified use permit for "essential public facilities" in general or "crisis diversion facilities" in particular. 5. In addition, while the moratorium purportedly limits the ability of potential applicants to apply for permits and approvals relating to "certain non -manufacturing uses" within the MIC zone, crisis diversion facilities are not included in the 29 specifically enumerated uses covered by the moratorium. Even though such facilities are clearly not manufacturing in nature, they do not otherwise qualify as one of the "certain non -manufacturing uses" described in the moratorium. If the city had intended to include these facilities within the scope of its moratorium, it would have been an easy matter to have listed them as one of the "certain non - manufacturing uses" affected by it. 6. Tukwila's rejection of Sleeping Tiger's unclassified use permit application represents another unfortunate step by the city in its misguided efforts to prevent the location of crisis diversion facilities, essential public facilities, within the city. Sleeping Tiger has challenged these efforts as being illegal and in violation of the city's obligations under Washington's Growth Management Act (the "GMA"). 7. On January 4, 2011, the Central Puget Sound Growth Management Hearings Board entered a Final Decision and Order in Sleeping Tiger, LLC. v. City of Tukwila, Case No. 10-3- 0008, in which the Board determined that the City of Tukwila's development regulations relative to the siting of essential public facilities were both inconsistent with the city's comprehensive plan and otherwise not in compliance with the requirements of the GMA. As a result, the Board both remanded the development regulations to the city "to take legislative action to comply with the requirements of the GMA as set forth in this Order" and invalidated the offending regulations. The City of Tukwila has filed a Petition for Review of the Board's Decision and Order with the Superior Court of King County. 8. The City of Tukwila's rejection of Sleeping Tiger's application for an unclassified use permit for the siting of crisis diversion facilities in the city is both inconsistent with its obligations under the GMA, as described in the Board's Decision and Order, and in violation of the Order itself. WHEREFORE, Sleeping Tiger respectfully requests the Hearing Examiner in this Appeal to both determine that Tukwila's decision to reject its application for an unclassified use permit for crisis diversion facilities on the Property was improper and to order the city to process Sleeping Tiger's application on an expedited basis. The undersigned, as the Applicant's authorized representative, hereby executes this Appeal as of this eleventh day of February, 2011. SLEEPING TIGER, LLC, a Washington limited liability company By: N4 - �'6 William C. Summers P.O. Box 261 Medina, WA 98039 T: (425) 454-3775 F: (425) 454-3794 bill@summersdevelopment.com City of Tukwila Department of Community Development February 7, 2011 Mr. Bill Summers PO Box 261 Medina, W.A 98039 RE: Crisis Diversion Facilities at Riverside L11-008 Dear Mr. Summers: Jim Nagger [on, Mayor Jack Pace, Director On February 3, 2011, the City of Tukwila received your Unclassified Use Permit application to operate a Crisis Diversion Facility at 11244 Tukwila .International Blvd (King County -Parcel 092304-9153). This letter is to inform you that the application cannot be accepted and reviewed because the City has a moratorium in place within the Manufacturing Industrial Zone (MIC). On February 10, 2010, the Tukwila City Council adopted Ordinance No. 2277 which established a six-month moratorium on the acceptance and issuance of land use applications for certain. types of non -manufacturing uses. The purpose of the moratorium is to allow the City adequate time to research and study the land supply within the MiC zone in order to determine if the City's development regulations act to retain existing and attract new manufacturing businesses to the City. The moratorium was subsequently renewed by the adoption of Ordinance Nos. 2300 and 2321.. ---- Your application narrative references King County's Crisis Diversion Program. Based on King County's description of this Program, it appears that the CDF Program is a non - manufacturing use and thus would be covered under the City's moratorium. Since your proposed use is subject to the :moratorium, t.he.City cannot accept your 'Unclassified Use Permit application. Your application and plans are enclosed. I have requested that our Finance .Department refund you your permit fee of $4875. Once the City has completed its study of the issues within the .M.1C zone the current moratorium will be lifted. At that time you can resubmit your permit application to the City for review and for final action. Exh,b`,-t 6300 Southcenter Boulevard, Suite ##100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-43/-.366S :Finally, as a property owner within the MIC zone, I strongly encourage you to be involved in the MIC study that is currently taking place. The City is interested in hearing from property owners about what is needed for the MIC zone to be a vibrant manufacturing center in King County. The City is currently seeking .members of the public to serve on an advisory board. For more information visit, www.ci.tukwila.wa.u.s/dcd/micstudy.htm.l. If you have any questions, please call me at (206) 431-3670. incerel y, k Pace, Director Watanabe, Anne From: Brandon Miles [bmiles@ci.tukwila.wa.us] Sent: Monday, February 14, 2011 6:43 PM To: Watanabe, Anne Subject: Sleep Tiger LLC v City of Tukwila Attachments: Summers Notice of Appeal.pdf Ms. Watanabe: I am forwarding a Notice of Appeal that was filed with the City last Friday. Can I get some possible hearing dates that work for you? Thanks, Brandon Brandon J. Miles Senior Planner Department of Community Development City of Tukwila . tel (206) 431-3684 fax (206) 431-3665 bmiles@ci.tukwila.wa.us BEFORE THE HEARING EXAMINER - CITY OF TUIKWILA In the Matter of the Appeal of SLEEPING TIGER LLC From an action by the Director, Department of Community Development ORDER On February 11, 2011, Sleeping Tiger LLC filed an appeal of the Department of' Community Development (DCD) refusal to accept Sleeping Tiger's application for an unclassified use permit. DCD forwarded a copy of the notice of the appeal on February 14, 2011, and the Hearing Examiner held a telephonic preconference hearing with the parties on February 18, 2011. During the conference, the Examiner indicated that it did not appear that the Examiner had jurisdiction over the appeal, and the parties were invited to submit additional argument regarding the Examiner's authority. Sleeping Tiger LLC filed its arguments via email on February 22, 2011. The City submitted a short email describing its position on February 24, 2011. On February 3, 2011, Sleeping Tiger LLC submitted an Application for an Unclassified Use Permit, together with an application fee, to DCD seeking to locate a "crisis diversion facility" on its property located at 11244 Tukwila International Boulevard, Tukwila, WA: Under TMC 18.66.040, Unclassified Use Permits are Type 5 decisions, which require City Council approval. In a letter to Sleeping Tiger dated February 7, 2011, the Director stated "the application cannot be accepted and reviewed because the City has a moratorium in place within the Manufacturing Industrial Zone (MIC)." The letter went on to state that "Since your proposed use is subject to the moratorium, the City cannot accept your Unclassified Use Permit application. Your application and plans are enclosed. I have requested that our Finance Department refund you your permit fee of $4875." On February 11, 2011, Sleeping Tiger LLC filed an appeal -of the City's rejection of its application, requesting the Hearing Examiner to "determine that Tukwila's decision to reject its application for an unclassified use permit for crisis diversion facilities on the Property was improper and to order the city to process Sleeping Tiger's application on an expedited basis." No Code provisions have been cited that grant authority to the . Hearing Examiner to review the Director's rejection of the application. Sleeping Tiger argues that the Director's action constitutes a Director's interpretation which may be appealed to the Sleeping Tiger LLC Appeal Order - Page 1 of 2 Examiner as a Type 2 decision. However, there is nothing in the Director's February 7, 2011 indicating that DCD considered its letter to be an interpretation, and there is no evidence that a formal interpretation was requested in accordance with TMC 18.96.020. Sleeping Tiger also argues that the Director's action is. contrary to Tukwila's Comprehensive Plan and development regulations, and also violates Washington State law. These arguments appear to address the moratorium itself, rather than the Director's action. But even if the arguments were presumed to be correct, they would still not confer authority on the Examiner to review the Director's rejection of the application. Because the Hearing Examiner lacks jurisdiction over the appeal, it is hereby dismissed. Entered this 28th day of February, 2011. Anne Watanabe, Hearing Examiner City of Tukwila Sleeping Tiger LLC Appeal Order - Page 2 of 2 Page 1 of 3 Brandon Miles - RE: FW: GMHB Case No. 10-3-0008 Final Decision and Order From: "SARA SPRINGER" To: Date: 02/28/2011 8:22 AM Subject: RE: FW: GMHB Case No. 10-3-0008 Final Decision and Order CC: Ms. Watanabe, The City would briefly like to clarify that it submitted Mr. Summers' appeal to the Hearing Examiner only because that direction was included on the face of his appeal --it was not forwarded based upon Title 18. As you know, the decision of whether a matter is justiciable by the Hearing Examiner is not a unilateral decision the City may make, but is rather one reserved for the Hearing Examiner. Therefore, the mere act of the City forwarding on Mr. Summers' appeal to the Hearing Examiner cannot form the basis of any legal argument to support the Hearing Examiner's jurisdiction in this matter. As the City has stated previously, there is simply no legal authority for the Hearing Examiner to consider an appeal or challenge of the City's ordinance. Should you have any additional questions, or would like any additional argument or briefing on this matter, please do not hesitate to contact me at any time. Best, Sara Sara B. Springer Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah, WA 98027-3820 Tel: (425) 392-7090 Fax: (425) 392-7071 sara@kenyondisend.com www.kenyondisend.com This message may be confidential, intended only for the named recipient and may contain information that is privileged, attorney work product, or exempt from disclosure under applicable law. If you are not the intended recipient, you are notified that the dissemination, distribution, or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient, please notify the sender at either the e-mail address or telephone number above, and delete this e-mail from your computer. Thank you. »> "Bill Summers" 02/25/11 10:15 AM »> My 2/22/11 e-mail says it all. We don?t challenge the moratorium, but rather the city?s acceptance & rejection of an unclassified use permit submitted under Title 18. The city referred this appeal to the Hearing Examiner in accordance with the appeal process provided in Title 18. From: SARA SPRINGER [mailto:sara@kenyondisend.com] Sent: Friday, February 25, 2011 9:12 AM To: anne.watanabe@seattle.gov; bill@summersdevelopment.com Cc: bmiles@ci.tukwila.wa.us Subject: Re: FW: GMHB Case No. 10-3-0008 Final Decision and Order file://C:\temp\XPgrpwise\4D6B5B28tuk-mai16300-po 100130796C 11 DE511 \GW } 00001.... 04/25/2011 Page 2 of 3 Mr. Summers, Can the City assume that this is the extent of the argument/documents you are providing to support your claim that the Hearing Examiner has jurisdiction over your appeal in question? Ms. Watanabe, To the extent that this is the sole authority submitted by Mr. Summers, the City still contends that the issue is extremely straight forward --the Hearing Examiner does not have jurisdiction over the interpretation or a challenge of a city ordinance and Mr. Summers has provided no authority to controvert that fact. The GMHB decision Mr. Summers attached is unrelated to the issue at hand. Again, we view this to be a very simple analysis and one that should be subject to your summary dismissal. However, if you would prefer for the City to file a formal Motion to Dismiss, we will be happy to do so at your request. Many thanks, Sara Sara B. Springer Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah, WA 98027-3820 Tel: (425) 392-7090 Fax: (425) 392-7071 sara©kenyondisend.com www.kenyondisend.com This message may be confidential, intended only for the named recipient and may contain information that is privileged, attorney work product, or exempt from disclosure under applicable law. If you are not the intended recipient, you are notified that the dissemination, distribution, or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient, please notify the sender at either the e-mail address or telephone number above, and delete this e-mail from your computer. Thank you. »> "Bill Summers" 02/23/11 1:21 AM »> Sorry, I forgot to include attachments. -Alison From: Smith, Vanessa (WWGMHB) [mailto:VanessaS@wwgmhb.wa.gov] Sent: Friday, January 07, 2011 10:58 AM To: bill@summersdevelopment.com Subject: GMHB Case No. 10-3-0008 Final Decision and Order Hello, Per a telephone request, I am attaching the electronic copy of the Board?s January 4, 2011 Final Decision and Order in GMHB Case No. 10-3-0008. Vanessa R. Smith Office Asst. to the Growth Management Hearings Board 319 7th Ave SE, Ste 103 I P.O. Box 40953 I Olympia, WA 98501 Phone: 360.586.0266 I Fax: 360.664.8975 I www.gmhb.wa.gov file://C:\temp\XPgrpwise\4D6B5B28tuk-mai16300-po 100130796C 11 DE511 \GW} 00001.... 04/25/2011 Page 3 of 3 Click here to report this email as spam. file://C:\temp\XPgrpwise\4D6B5B28tuk-mai16300-po 100130796C 11 DE511 \GW} 00001.... 04/25/2011 r en in cull 's: narl1 Mr Lr15tKJt I r ri. p.1 0 10 Oceol SLEEPING TIGER, LLC P.O. Box 261 Medina, WA 98039 (425) 454-3775 Fax: (425) 454-3794 Jack Pace Director, Department of Community Development City of Tukwila 6300 Southcenter Boulevard, Suite #100 Tukwila, WA 98188 Re: Crisis Diversion Facilities at Riverside L11-008 Dear Mr. Pace: February 18, 2011 Via Fax & E-Mail Sleeping Tiger LLC submitted an appeal of your decision rejecting Sleeping Tiger's application for an unclassified use permit, made by letter dated February 7, 2011. Sleeping Tiger believes this appeal is properly heard by the Hearing Examiner. However, if it is determined that the Hearing Examiner is not the appropriate hearing body, then Sleeping Tiger requests that the Department distribute the appeal to the body designated to hear it, as it is required to do by Tukwila Municipal Code 18.116.030.B. Sincerely, lliam C. Summers cc: Sarah Springer, Deputy City Attorney Anne Watanabe, Hearing Examiner BEFORE THE HEARING EXAMINER CITY OF TUKWILA IN THE MATTER OF THE APPEAL OF SLEEPING TIGER, LLC, a Washington ) ) limited liability company ) ) ) FROM THE REJECTION OF ITS ) APPLICATION FOR AN UNCLASSIFIED ) USE PERMIT ) ) colormo FE81 "" PEw cE'Ep APPEAL OF THE CITY OF TUKWILA'S REJECTION OF SLEEPING TIGER'S APPLICATION FOR AN UNCLASSIFIED USE PERMIT File No. 1. Sleeping Tiger, LLC ("Sleeping Tiger"), a Washington limited liability company, is the legal owner of real property located at 11244 Tukwila International Blvd., Tukwila, Washington (the "Property"). 2. On February 3, 2011, Sleeping Tiger filed an Application for an Unclassified Use Permit in order to obtain the city's approval for the siting crisis diversion facilities, which qualify as "essential public facilities", on the Property. The application was accepted for processing after Sleeping Tiger paid as requested a fee to the city in the amount of $4,875.00. 3. In a letter dated February 7, 2011, the City of Tukwila advised Sleeping Tiger that "... the application cannot be accepted and reviewed because the City has a moratorium in place within the Manufacturing Industrial Zone (MIC) ... Based on King County's description of this Program, it appears that the CDF Program is a non -manufacturing use and thus would be covered under the City's moratorium." A true and correct copy of this letter is attached hereto as Exhibit 4. The moratorium in question exclusively applies to land use applications, building and development permits, business licenses and/or approvals for certain non -manufacturing uses. It has no application, however, to unclassified use permits filed pursuant to TMC 18.66.010, et seq., and it specifically does not affect the ability of an applicant to file for an unclassified use permit for "essential public facilities" in general or "crisis diversion facilities" in particular. 5. In addition, while the moratorium purportedly limits the ability of potential applicants to apply for permits and approvals relating to "certain non -manufacturing uses" within the MIC zone, crisis diversion facilities are not included in the 29 specifically enumerated uses covered by the moratorium. Even though such facilities are clearly not manufacturing in nature, they do not otherwise qualify as one of the "certain non -manufacturing uses" described in the moratorium. If the city had intended to include these facilities within the scope of its moratorium, it would have been an easy matter to have listed them as one of the "certain non - manufacturing uses" affected by it. 6. Tukwila's rejection of Sleeping Tiger's unclassified use permit application represents another unfortunate step by the city in its misguided efforts to prevent the location of crisis diversion facilities, essential public facilities, within the city. Sleeping Tiger has challenged these efforts as being illegal and in violation of the city's obligations under Washington's Growth Management Act (the "GMA"). 7. On January 4, 2011, the Central Puget Sound Growth Management Hearings Board entered a Final Decision and Order in Sleeping Tiger, LLC. v. City of Tukwila, Case No. 10-3- 0008, in which the Board determined that the City of Tukwila's development regulations relative to the siting of essential public facilities were both inconsistent with the city's comprehensive plan and otherwise not in compliance with the requirements of the GMA. As a result, the Board both remanded the development regulations to the city "to take legislative action to comply with the requirements of the GMA as set forth in this Order" and invalidated the offending regulations. The City of Tukwila has filed a Petition for Review of the Board's Decision and Order with the Superior Court of King County. 8. The City of Tukwila's rejection of Sleeping Tiger's application for an unclassified use permit for the siting of crisis diversion facilities in the city is both inconsistent with its obligations under the GMA, as described in the Board's Decision and Order, and in violation of the Order itself. WHEREFORE, Sleeping Tiger respectfully requests the Hearing Examiner in this Appeal to both determine that Tukwila's decision to reject its application for an unclassified use permit for crisis diversion facilities on the Property was improper and to order the city to process Sleeping Tiger's application on an expedited basis. The undersigned, as the Applicant's authorized representative, hereby executes this Appeal as of this eleventh day of February, 2011. SLEEPING TIGER, LLC, a Washington limited liability company By: William C. Summers P.O. Box 261 Medina, WA 98039 T: (425) 454-3775 F: (425) 454-3794 bill@summersdevelopment.com City of Tukwila Jint Haggerton, Mayor. Department of Community Development Jack Pace, Director February 7, 201 1 Mr. Bill Summers PO Box 261 Medina, WA 98039 RE: Crisis Diversion Facilities at Riverside L 1 1-008 Dear Mr. Summers: On February 3, 201.1, the City of Tukwila received your Unclassified Use .Permit application to operate a Crisis Diversion Facility at 11244 Tukwila International Blvd (King County Parcel 092304-9153). This letter is to inform you that the application cannot be accepted and reviewed because the City has a moratorium in place within the Manufacturing Industrial Zone (MTC). On February 10, 2010, the Tukwila City Council adopted Ordinance No. 2277 which established a six-month moratorium on the acceptance and issuance of land use applications for certain types of non -manufacturing uses. The purpose of the moratorium is to allow the City adequate time to research and study the land supply within the M zone in order to determine if the City's development .regulations act to retain existing and attract. new manufacturing businesses to the City. The moratorium was subsequently renewed by the adoption of Ordinance Nos. 2300 and 2321. Your application narrative references King County's Crisis Diversion Program. Based on King County's description of this Program, it appears that the CDF Program is a non - manufacturing use and thus would be covered muter the City's moratorium. Since your proposed use is subject to the moratorium, the City cannot accept your Unclassified Use Permit application. Your application and plans are enclosed. I have requested that our Finance Department refund you your permit fee of ` 4875. Once the City has completed its study of the issues within the .MIC zone the current moratorium will be lifted. At that time you can resubmit your permit application to the City for review and for final action. n 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3070 • Fax: 206-431-.3667 Finally, as a property owner within the MTC zone, 1 strongly encourage you to be involved in the IV1:IC study that is currently taking place. The City is interested in hearing from property owners about what is needed for the MIC zone to be a vibrant manufacturing center in King County. The City is currently seeking members of the public to serve on an advisory board. For more information visit, www.ci.tukwila.wa.us/dcd/micstudv.htnil. If you have any questions, please call me at (206) 431 -3670. ncerely, 6=1 k Pace, Director BEFORE THE HEARING EXAMINER CITY OF TUKWILA IN THE MATTER OF THE APPEAL OF SLEEPING TIGER, LLC, a Washington ) ) limited liability company ) ) ) FROM THE REJECTION OF ITS ) APPLICATION FOR AN UNCLASSIFIED ) USE PERMIT ) ) RECEIVED FEB it' NMI COMMON rt DEN I.O,PNT APPEAL OF THE CITY OF TUKWILA'S REJECTION OF SLEEPING TIGER'S APPLICATION FOR AN UNCLASSIFIED USE PERMIT File No. 1. Sleeping Tiger, LLC ("Sleeping Tiger"), a Washington limited liability company, is the legal owner of real property located at 11244 Tukwila International Blvd., Tukwila, Washington (the "Property"). 2. On February 3, 2011, Sleeping Tiger filed an Application for an Unclassified Use Permit in order to obtain the city's approval for the siting crisis diversion facilities, which qualify as "essential public facilities", on the Property. The application was accepted for processing after Sleeping Tiger paid as requested a fee to the city in the amount of $4,875.00. 3. In a letter dated February 7, 2011, the City of Tukwila advised Sleeping Tiger that "... the application cannot be accepted and reviewed because the City has a moratorium in place within the Manufacturing Industrial Zone (MIC) ... Based on King County's description of this Program, it appears that the CDF Program is a non -manufacturing use and thus would be covered under the City's moratorium." A true and correct copy of this letter is attached hereto as Exhibit 4. The moratorium in question exclusively applies to land use applications, building and development permits, business licenses and/or approvals for certain non -manufacturing uses. It has no application, however, to unclassified use permits filed pursuant to TMC 18.66.010, et seq., and it specifically does not affect the ability of an applicant to file for an unclassified use permit for "essential public facilities" in general or "crisis diversion facilities" in particular. 5. In addition, while the moratorium purportedly limits the ability of potential applicants to apply for permits and approvals relating to "certain non -manufacturing uses" within the MIC zone, crisis diversion facilities are not included in the 29 specifically enumerated uses covered by the moratorium. Even though such facilities are clearly not manufacturing in nature, they do not otherwise qualify as one of the "certain non -manufacturing uses" described in the moratorium. If the city had intended to include these facilities within the scope of its moratorium, it would have been an easy matter to have listed them as one of the "certain non - manufacturing uses" affected by it. 6. Tukwila's rejection of Sleeping Tiger's unclassified use permit application represents another unfortunate step by the city in its misguided efforts to prevent the location of crisis diversion facilities, essential public facilities, within the city. Sleeping Tiger has challenged these efforts as being illegal and in violation of the city's obligations under Washington's Growth Management Act (the "GMA"). 7. On January 4, 2011, the Central Puget Sound Growth Management Hearings Board entered a Final Decision and Order in Sleeping Tiger, LLC. v. City of Tukwila, Case No. 10-3- 0008, in which the Board determined that the City of Tukwila's development regulations relative to the siting of essential public facilities were both inconsistent with the city's comprehensive plan and otherwise not in compliance with the requirements of the GMA. As a result, the Board both remanded the development regulations to the city "to take legislative action to comply with the requirements of the GMA as set forth in this Order" and invalidated the offending regulations. The City of Tukwila has filed a Petition for Review of the Board's Decision and Order with the Superior Court of King County. 8. The City of Tukwila's rejection of Sleeping Tiger's application for an unclassified use permit for the siting of crisis diversion facilities in the city is both inconsistent with its obligations under the GMA, as described in the Board's Decision and Order, and in violation of the Order itself. WHEREFORE, Sleeping Tiger respectfully requests the Hearing Examiner in this Appeal to both determine that Tukwila's decision to reject its application for an unclassified use permit for crisis diversion facilities on the Property was improper and to order the city to process Sleeping Tiger's application on an expedited basis. The undersigned, as the Applicant's authorized representative, hereby executes this Appeal as of this eleventh day of February, 2011. SLEEPING TIGER, LLC, a Washington limited liability company B William C. Summers P.O. Box 261 Medina, WA 98039 T: (425) 454-3775 F: (425) 454-3794 bill@summersdevelopment.com City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director February 7, 2011 Mr. Bill Summers PO Box 261 Medina, WA 98039 RE: Crisis Diversion Facilities at Riverside L11-008 Dear Mr. Summers: On February 3, 2011, the City of Tukwila received your Unclassified Use Permit application to operate a Crisis Diversion Facility at 11244 Tukwila International Blvd (King County Parcel 092304-9153). This letter is to inform you that the application cannot be accepted and reviewed because the City has a moratorium in place within the Manufacturing Industrial Zone (MIC). On February 10, 2010, the Tukwila City Council adopted Ordinance No. 2277 which established a six-month moratorium on the acceptance and issuance of land use applications for certain types of non -manufacturing uses. The purpose of the moratorium is to allow the City adequate time to research and study the land supply within the MIC zone in order to determine if the City's development regulations act to retain existing and attract new manufacturing businesses to the City. The moratorium was subsequently renewed by the adoption of Ordinance Nos. 2300 and 2321. Your application narrative references King County's Crisis Diversion Program. Based on King County's description of this Program, it appears that the CDF Program is a non - manufacturing use and thus would be covered under the City's moratorium. Since your proposed use is subject to the moratorium, the City cannot accept your Unclassified Use Permit application. Your application and plans are enclosed. 1 have requested that our Finance Department refund you your permit fee of $4875. Once the City has completed its study of the issues within the MIC zone the current moratorium will be lifted. At that time you can resubmit your permit application to the City for review and for final action. Ekb 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 Finally, as a property owner within the MIC zone, I strongly encourage you to be involved in the MIC study that is currently taking place. The City is interested in hearing from property owners about what is needed for the MIC zone to be a vibrant manufacturing center in King County. The City is currently seeking members of the public to serve on an advisory board. For more information visit, www.ci.tukwila.wa.us/dcd/micstudy.html. If you have any questions, please call me at (206) 431-3670. incerely, Jk Pace, Director City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Fax: 206-431-3665 Web site: http://www.ci.tukwila.wa.us RECEIPT Parcel No.: 0923049153 Permit Number: L11-010 Address: 11244 TUKWILA INTERNATIONAL BL TUKW Status: PENDING Suite No: Applied Date: 02/11/2011 Applicant: SLEEPING TIGER LLC Issue Date: Receipt No.: R11-00269 Initials: User ID: MD 1685 Payment Amount: $515.00 Payment Date: 02/11/2011 12:11 PM Balance: $0.00 Payee: KELLY HANSEN TRANSACTION LIST: Type Method Descriptio Amount Payment Credit Crd VISA Authorization No. 000275 ACCOUNT ITEM LIST: Description 515.00 Account Code Current Pmts ZONING/SUBDIVISION 000.345.810 515.00 Total: $515.00 doc: Receiot-06 Printed: 02-11-2011