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Home My WebLink AboutPermit PL12-014 - CITY OF TUKWILA - DEVELOPMENT AGREEMENTS CODE AMENDMENTCODE AMENDMENT - DEVELOPMENT AGREEMENTS CITY WIDE PL12-014 Li 2-01 3 E 12-004 CODE AMENDMENT & SEPA ENVIRONMENTAL IMPACT STATEMENT COMPREHENSIVE PLAN COMPREHENSIVE LAND USE PLAN STATE OF WASHINGTO DEPARTMENT OF O ER E 1011 Phim Street SE - PO Box 42525 • OWpia', Washington 98504-2525 a (360) 725-4000 a �MT1.00MrnerCe. 1a,, 0V June 26, 2012 Brandon Miles Senior Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Mr. Miles: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Adopted Ordinance No. 2378, establishing a process, scope and content of development agreements. These materials were received on June 20, 2012 and processed with the Material ID # 18194. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048. Sincerely, Review Team Growth Management Services Brandon Miles From: Brandon Miles Sent: Wednesday, June 20, 2012 1:43 PM To: 'reviewteam@commerce.wa.gov' Subject: Notice of Adopted Development Regulation Attachments: Ord 2378 - Development Agreements.pdf, Final Adoption Notice.doc Dear Commerce: Attached is a Notice and final Ordinance of a development regulation adopted by the Tukwila City Council. Please let me know if you have any questions or need additional information. Best Regards, Brandon Brandon J. Miles, Senior Planner City of Tukwila Department of Community Development (206) 431-3684 Brandon.Miles@Tukwilawa.gov Brandon Miles From: COM GMU Review Team <reviewteam@commerce.wa.gov> Sent: Wednesday, June 06, 2012 4:21 PM To: Brandon Miles Cc: Dave Andersen Subject: 18108, City of Tukwila, Expedited Review Granted, DevRegs Dear Mr. Miles: The City of Tukwila has been granted expedited review for the proposed development regulations amendment regarding development agreements. This proposal was submitted for the required state agency review under RCW 36.70A.106. As of receipt of this email, the City of Tukwila has met the Growth Management Act notice to state agency requirements in RCW 36.70A.106 for this submittal. For the purpose of documentation, please keep this email as confirmation. If you have any questions, please contact Paul Johnson at 360.725.3048 or by email at paul.]ohnson@commerce.wa.gov. Thank you. Review Team, Growth Management Services Department of Commerce P.O. Box 42525 Olympia WA 98504-2525 (360) 725-3000 FAX (360) 664-3123 I City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Jack Pace, Director BY: Nora Gierloff, Deputy Director DATE: May 30, 2012 SUBJECT: Development Agreement Procedures ISSUE Should the City adopt an Ordinance establishing the process, scope, and content of Development Agreements? BACKGROUND As authorized by state law, the City regularly uses DAs to provide certainty in the development process. Municipal Research and Services Center of Washington provides the following narrative on what a DA is: "A development agreement is a contract between a local jurisdiction and a person who has ownership or control of property within the jurisdiction. The purpose of the agreement is to specify the standards and conditions that will govern development of the property. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in effect at the time of approval - the development will not be subject to subsequent changes in regulations. Development agreements should also benefit the local jurisdiction. The city or county may include conditions (mitigation measures) that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure. The agreement may clarify how the project will be phased, the required timing of public improvements, the developer's contribution toward funding system -wide community improvements, and other conditions. The agreement can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and local jurisdiction"'. DAs are specifically useful for large and/or complex developments, such as Tukwila South, Westfield Southcenter and the future Tukwila Village site. The authority for the City to enter into a DA is granted to the City under Revised Code of Washington 36.70B.170. DAs are legislative acts, which means that the City has considerable discretion on whether to enter into a development agreement or not. DISCUSSION The City Attorney's office is recommending that the City add specific language to the Tukwila Municipal Code (TMC) Title 18 to codify the process for the City to enter into Development Agreements and specify the scope and content of such agreements. The attached Ordinance reflects the processes that are currently used by the City in the process of DAs under state law. The Ordinance simply codifies the City's process within the City's Development regulations (TMC Title 18). hftp://www.mrsc.org/subjects/pIanning/iu/developagreements.aspx 3 INFORMATIONAL MEMO Page 2 As required by TMC 18.80.050, the Transportation Committee referred the matter to the Planning Commission for their review and consideration. On May 24, 2012, the Planning Commission voted to recommend that the City Council adopt an Ordinance which establishes procedures for processing of Development Agreements. FINANCIAL IMPACT None RECOMMENDATION Staff recommends that the draft Ordinance be forwarded to the June 11, 2012 Committee of the Whole meeting for a public hearing and the June 18, 2012 Regular Council meeting for possible action. ATTACHMENTS • Draft Ordinance • Memo to Planning Commission dated May 18, 2012 4 Z:1DCD n Clerk's\BrandonTevelopment Agreement Ordinanue=W MaterialslTransportation Memo, 2012.05.30.doc AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 18.86 RELATING TO DEVELOPMENT AGREEMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.70B.170 authorizes the City to enter into "development agreements" with persons having ownership or control of real property; and WHEREAS, in adopting such statute, the Washington Legislature made the following finding: The legislature finds that the lack of certainty in the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development. Further, the lack of public facilities and services is a serious impediment to development of new housing and commercial uses. Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities. It is the intent of the legislature by RCW 36.7013.170 through 36.7013.210 to allow local governments and owners and developers of real property to enter into development agreements. 1995 c 347 § 501; and WHEREAS, the City Council concurs with the legislative findings referenced above; and W. Word Processing\Ordinances\Development Agreements -purpose and procedures 6-5-12 SK:bjs Page 1 of 5 5 WHEREAS, on June 11, 2012, the Tukwila City Council conducted a public hearing to consider the proposed ordinance; and WHEREAS, the City Council finds that development agreements may be appropriate in certain circumstances as a means to consolidate numerous issues involved in complex development projects into a single controlling instrument, benefiting the City, its citizens, and members of the regulated public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter 18.86, "Development Agreements," is hereby established to read as follows: CHAPTER 18.86 DEVELOPMENT AGREEMENTS Sections: 18.86.010 Development Agreements — Authorized 18.86.020 "Development Standards" Defined 18.86.030 Development Standards, Flexibility 18.86.040 Exercise of City Police Power and Contract Authority 18,86.050 Form — Public Hearing Required 18.86.060 Conditions of Approval 18.86.070 Recording 18.86.080 Discretionary, Legislative Act Section 2. TMC Section 18.86.010 is hereby established to read as follows: 18.86.010 Development Agreements —Authorized. The City may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The City may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. Section 3. TMC Section 18.86.020 is hereby established to read as follows: 18.86.020 "Development Standards" Defined. For purposes of this chapter, the term "development standards" means and includes, but is not limited to: . 1. Project elements such as permitted uses, residential densities, and non- residential densities and intensities or building sizes; W: Word Processing\Ordinances\Development Agreements -purpose and procedures 6-5-12 SK:bjs Page 2 of 5 0 2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, or dedications; 3. Mitigation measures, development conditions, and other requirements under chapter 43.21 C RCW; --C,V 5 4. Design standar✓rds such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; 5. Parks and open space preservation; 6. Phasing; 7. Review procedures and standards for implementing decisions; 8. A build -out or vesting period for applicable standards; and 9. Any other development requirement or procedure deemed appropriate by the City Council. Section 4. TMC Section 18.86.030 is hereby established to read as follows: 18.86.030 Development Standards, Flexibility. A development agreement shall be consistent with applicable development regulations to the fullest extent possible; provided, a development agreement may allow development standards different from those otherwise imposed under the Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards. Any approved development standards that differ from those in the Code shall not require any further zoning reclassification, variance from City standards or other City approval apart from development agreement approval. The development standards as approved through a development agreement shall apply to and govern the development and implementation of each covered site in lieu of any conflicting or different standards or requirements elsewhere in the Tukwila Municipal Code. Subsequently adopted standards that differ from those of a development agreement adopted by the City as provided in this chapter shall apply to the covered development project only where necessary to address imminent public health and safety hazards or where the development agreement specifies a time period or phase after which certain identified standards can be modified. Determination of the appropriate standards for future phases that are not fully defined during the initial approval process may be postponed. Building permit applications shall be subject to the building codes/regulations/ordinances and fire codes/regulations/ordinances in effect when the permit is applied for. W: Word Processing\Ordinances\Development Agreements -purpose and procedures 6-5-12 SK:bjs Page 3 of 5 Section 5. TMC Section 18.86.040 is hereby established to read as follows: 18.86.040 Exercise of City Police Power and Contract Authority. As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise of the City's police power and contract authority. Accordingly, a development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. Section 6. TMC Section 18.86.050 is hereby established to read as follows: 18.86.050 Form — Public Hearing Required. Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210. All development agreements shall be in a form and content as approved by the City Attorney. Development agreements shall be approved by ordinance or resolution and shall be subject to review and approval by the City Council after a duly noticed public hearing pursuant to RCW 36.70B.200. Section 7. TMC Section 18.86.060 is hereby established to read as follows: 18.86.060 Conditions of Approval. In approving a development agreement, conditions of approval shall at a minimum establish: 1. A site plan for the entire project, showing locations of sensitive areas and buffers, required open spaces, perimeter buffers, location and range of densities for residential development, and location and size of non-residential development; 2. The expected build -out time period for the entire project and the various phases, if proposed, 3. Project phasing, if proposed, and other project -specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks; 4. Road and storm water design standards that shall apply to the various phases, if proposed, of the project; 5. Bulk design and dimensional standards that shall be implemented throughout subsequent development within the project; 6. The size and range of uses authorized for any non-residential development within the project; and 7. Any sewer and/or water comprehensive utility plans or amendments required to be completed before development can occur. 8. Any other item deemed necessary by the City Council. W: Word Processing\Ordinances\Development Agreements -purpose and procedures 6-5-12 SK:bis Page 4 of 5 i Section 8. TMC Section 18.86.070 is hereby established to read as follows: 18.86.070 Recording A development agreement shall be recorded with the real property records of the county in which the property is located pursuant to RCW 36.70B.190. Section 9. TMC Section 18.86.080 is hereby established to read as follows: 18.86.080 Discretionary, Legislative Act. The decision of the City Council to approve or reject a request for a development agreement shall be a discretionary, legislative act. Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 11. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 12. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2012. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: Word Processing\Ordinances\Development Agreements -purpose and procedures 6-5-12 SK:bjs Page 5of5 9 Transportation Committee Minutes June 4 2012 — Page 2 emphasize that the projects are listed in alphabetical order. This should make viewing easier for full Council. Sharon Mann inquired as to why rnid-block crosswalks are not listed in the TIP. Staff explained that they are working on mid -block cross walks for Tukwila Village and wanted to ensure potential solutions are the right solution prior to implementing city-wide. Additionally, relatively small projects such crosswalks do not necessarily need to be reflected in the TIP. Ms. Mann also asked about improvements to the 42"d Avenue South hill area, staff replied that this project is included in the City's Capital Improvement Plan (Project 40-42 Avenue South) and is currently in the design phase. Committee Member Hougardy asked clarifying questions regarding project locations. The Committee inquired about the Tukwila International Boulevard speed study, which staff responded is anticipated to be complete by August. The speed study will be presented to Committee and full Council as appropriate. Staff will conduct public outreach on the study as necessary. Currently, a public hearing for the TIP is scheduled for June 18, 2012. UNANIMOUS APPROVAL. FORWARD TO JUNE 11. COW FOR DISCUSSION. C. Development Agreement Procedures Staff is seeking approval of a draft ordinance relating to procedures for development agreements. This draft ordinance has been reviewed by the Planning Conunission and the Commission reconunends Council adopt the ordinance. The draft ordinance incorporates language into the Tukwila Municipal Code (TMC) to provide greater transparency and set expectations for such agreements. Essentially, it codifies current processes and past practice and addresses broad sections of TMC Chapter 18 relating to the zoning code. In response to a Committee question, staff stated that rezones cannot be included/addressed through development agreements; however, boundary modifications/changes are allowed. UNANIMOUS APPROVAL. FORWARD TO JUNE 11 COW FOR DISCUSSION. 111, SCATBd Staff briefly reviewed the SCATBd Agenda provided at the next Transportation Committee. IV. MISCELLANEOUS Meeting adjourned at 6:01 p.m. for Tuesday, June 19, 2012. A report on the meeting will be Next meeting: Monday, June 18, 2012 — 5:15 p.m. — Conference Room #1 Committee Chair Approval Minmes M• K: Lit. Revi",ed by GL. 11 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Planning Commission BY: Brandon J. Miles, Senior Planner DATE: May 18, 2012 SUBJECT: (Development Agreement Procedures ISSUE The City Council has requested that the Planning Commission review and provide a recommendation on a draft Ordinance which will provide specific authority for the City to enter into Development Agreements (DAs). BACKGROUND As authorized by state law, the City regularly uses DAs to provide certainty in the development process. Municipal Research and Services Center of Washington provides the following narrative on what a DA is: 'A development agreement is a contract between a local jurisdiction and a person who has ownership or control of property within the jurisdiction. The purpose of the agreement is to specify the standards and conditions that will govern development of the property. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in effect at the time of approval - the development will not be subject to subsequent changes in regulations. Development agreements should also benefit the local jurisdiction. The city or county may include conditions (mitigation measures) that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure. The agreement may clarify how the project will be phased, the required timing of public improvements, the developer's contribution toward funding system -wide community improvements, and other conditions. The agreement can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and local jurisdiction"'. DAs are specifically useful for large and/or complex developments, such as Tukwila South, Westfield Southcenter and the future Tukwila Village site. The authority for the City to enter into a DA is granted to the City under Revised Code of Washington 36.70B.170. DAs are legislative acts, which means that the City has considerable discretion on whether to enter into a development agreement or not. DISCUSSION The City Attorney's office is recommending that the City add specific language to the Tukwila Municipal Code (TMC) Title 18 to codify the process for the City to enter into Development Agreements and specify the scope and content of such agreements. The attached Ordinance reflects the processes that are currently used by the City in the process of DAs under state law. The Ordinance simply codifies the City's process within the City's Development regulations (TMC Title 18). http://www.mrsc.org/subjects/planning/lu/developagreements.aspx 13 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT None. RECOMMENDATION Staff recommends that the attached Ordinance be forwarded to the City Council for approval. ATTACHMENTS • Draft Ordinance 14 Z:1DCD n Clerk'sTrandonTevelopment Agreement Ordinance=W MaterialsTlanning Commission Memo, dated 2012.05.18.doc _ City of Tukwila Planning Commission Planning Commission Worksession (PC) Minutes DRAFT Date: May 24, 2012 Time: 6:30 PM Location: City Hall Council Chambers Present: Brooke Alford, Chair; Vice -Chair, Thomas McLeod; Commissioners, Louise Strander, Mike Hansen, Aaron Hundtofte, and Jeri Frangello-Anderson Commissioner David Shumate arrived at 7:00 PM Staff: Nora Gierloff, Deputy DCD Director, Lynn Miranda, Senior Planner, and Wynetta Bivens, Planning Commission Secretary Chair Alford called the worksession to order at 6:30 PM. Minutes: Commissioner McLeod made a motion to adopt th il26, 2012 Plat � . g Commission minutes. Commissioner Hansen seconded the tnoh. The motion wasaximously approved. Request: An Ordinance establishing procedures Nora Gierloff, Deputy Director, Department of Com Ordinance for Development Agreement Procedures refe will forward their recommendation back to the, make a final decision. A Development Agreemenrs a li City. This is a process the City is authorized to dMa de City's regulations. This ordinance is.a way to forze in the City's Zoning Code. The hs this prodep property owners on compleusual pects. The Agreement is because they 1 there's a p�rlaii� benefit entering into the developrne t agreement :q -,id benefit, exchange for benefits to thelic. Mosf: ;e 1a`taons wi called out to allow flexibility, fo_l hiparamet"e's i Commissi ining to standards`ihj4he Zoning Code, editions of offiecodes vested, reasons to be hIo a newer s Agreement. Commissioner Alford in -E Ordinance. Staff has not h _c iityl%gyefa ment, gave an overview of the Draft by tht Council. The Planning Commission the City�Council will hold a public hearing and ative item, w reh is voluntary on the part of the t�w,�but wh cli ias not been codified in the the d0v 8j@kgtagreement process and expectations s o at CitiMal make agreements with private reason the City would enter into a Development a, they could not otherwise secure. Both parties t stance, flexibility in standards is allowed in 11 c inue to apply, except for those few that are there not being any specific language in the Development Nodes. Staff stated that the code is for making changes to the zoning %affect Police or Fire related codes. But there could be certain le a certain edition of the building code. If there are life safety the code it is allowed and would override a Development here have been any concerns on the part of the Fire Department on the concerns expressed from Fire. Commissioner Hansen stated that using the language "person" in the ordinance does not seem appropriate, and expressed an interest in changing the word. Staff suggested that the word "person" could be changed to "entity". There were no additional comments on the proposed ordinance. Page 1 of 2 15 PC Worksession Minutes May 24, 2012 Commissioner Hansen made a motion to amend references in the Development Agreement Ordinance from "person" or "persons" to "the entity" where staff thinks it makes sense. The Planning Commission is forwarding their recommendation for approval of the Development Agreement Ordinance as amended to the City Council for their approval. Commissioner Hundtofte seconded the motion. All were in favor. Submitted By: Wynetta Bivens Planning Commission Secretary 16 Page 2 of 2 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Jack Pace, Director BY: Brandon J. Miles, Senior Planner DATE: May 18, 2012 SUBJECT: Development Agreement Procedures Referral to Planning Commission Needed ISSUE Should the City adopt an Ordinance establishing the process, scope, and content of Development Agreements? BACKGROUND As authorized by State Law, the City regularly uses Development Agreements (DA) to provide certainty in the development process. DAs, which are adopted by either Ordinance or Resolution by the City Council, allow the City to provide development projects flexibility from adopted development standards. DAs are specifically useful for large and/or complex developments, such as Tukwila South, Westfield Southcenter and the future Tukwila Village site. The authority for the City to enter into a DA is granted to the City under the Revised Code of Washington 36.70B.170. DISCUSSION The City Attorney's office is recommending that the City add specific language to the Tukwila Municipal Code (TMC) Title 18 to codify the process for the City to enter into DAs and specific the scope and content of such agreements. Staff is proposing that an Ordinance be adopted which would add a new Chapter to TMC Title 18. This is purely codifying the City's past practices. Given that amendments are being proposed to TMC Title 18, a referral to the Planning Commission from a Council Committee is required per TMC 18.80.050. In order to accommodate the Tukwila Village Project, staff would like to take the proposed Ordinance to the Planning Commission on May 24, 2012 for consideration and a recommendation. Once a recommendation is provided, the proposed Ordinance, with amendments to TMC Title 18, will go through the regular Council approval process. FINANCIAL IMPACT None. RECOMMENDATION Committee approval to refer the proposed amendment to TMC Title 18 to the Planning Commission for their consideration and recommendation as required by TMC 18.80.050. attachments: TMC 18.08.050 2:\DCD n Clerk's\8randon\Development Agreement Ordinance\COW Materials\Transportation Memo, 2012.05.18.docx M Transportation Committee Minutes May 21, 2012 - Page 2 C. Development Agreement Procedures Staff is seeking Committee approval to forward a draft ordinance relating to procedures for development agreements to the Planning Commission for review and recommendation to full Council. Incorporating language into the Tukwila Municipal Code (TMC) will provide greater transparency and set expectations for such agreements, essentially, codifying current processes and past practice. It will address broad sections of TMC Chapter 18 relating to the zoning code. FORWARD TO PLANNING COMMISSION FOR REVIEW AND RECOMMENDATION. III. SCATBd No report scheduled for Committee. IV. MISCELLANEOUS Meeting adjourned at 6:01 p.m. Next meeting: Monday, June 4, 2012 - 5:15 p.m. - Conference Room 41 Committee Chair Approval Minutes bYKAM. Reviewed bvGL. Cl*ty of T Washington Ordinance No. Q,� 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 18.86 RELATING TO DEVELOPMENT AGREEMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.7013.170 authorizes the City to enter into "development agreements" with persons having ownership or control of real property; and WHEREAS, in adopting such statute, the Washington Legislature made the following finding: The legislature finds that the lack of certainty in the approval of development projects can. result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development. Further, the lack of public facilities and services is a serious impediment to development of new housing and commercial uses. Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities. It is the intent of the legislature by RCW 36.708.170 through 36.7013.210 to allow local governments and owners and developers of real property to enter into development agreements. 1995 c 347 § 501; and WHEREAS, the City Council concurs with the legislative findings referenced above; and W: Word Processing\Ordinances\Development Agreements -purpose and procedures 6-5-12 SK:bjs Page 1 of 5 WHEREAS, on June 11, 2012, the Tukwila City Council conducted a public hearing to consider the proposed ordinance; and WHEREAS, the City Council finds that development agreements may be appropriate in certain circumstances as a means to consolidate numerous issues involved in complex development projects into a single controlling instrument, benefiting the City, its citizens, and members of the regulated public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter 18.86, "Development Agreements," is hereby established to read as follows: CHAPTER 18.86 DEVELOPMENT AGREEMENTS Sections: 18.86.010 Development Agreements — Authorized 18.86.020 "Development Standards" Defined 18.86.030 Development Standards, Flexibility 18.86.040 Exercise of City Police Power and Contract Authority 18.86.050 Form — Public Hearing Required 18.86.060 Conditions of Approval 18.86.070 Recording 18.86.080 Discretionary, Legislative Act Section 2. TMC Section 18.86.010 is hereby established to read as follows: 18.86.010 Development Agreements —Authorized. The City may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The City may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. Section 3. TMC Section 18.86.020 is hereby established to read as follows: 18.86.020 "Development Standards" Defined. For purposes of this chapter, the term "development standards" means and includes, but is not limited to: 1. Project elements such as permitted uses, residential densities, and non- residential densities and intensities or building sizes; W: Word Processing\Ordinances\Development Agreements -purpose and procedures 6-5-12 SK:bjs Page 2 of 5 2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, or dedications; 3. Mitigation measures, development conditions, and other requirements under chapter 43.21 C RCW; 4. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; 5. Parks and open space preservation; 6. Phasing; 7. Review procedures and standards for implementing decisions; 8. A build -out or vesting period for applicable standards; and 9. Any other development requirement or procedure deemed appropriate by the City Council. Section 4. TMC Section 18.86.030 is hereby established to read as follows: 18.86.030 Development Standards, Flexibility. A development agreement shall be consistent with applicable development regulations to the fullest extent possible; provided, a development agreement may allow development standards different from those otherwise imposed under the Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards. Any approved development standards that differ from those in the Code shall not require any further zoning reclassification, variance from City standards or other City approval apart from development agreement approval. The development standards as approved through a development agreement shall apply to and govern the development and implementation of each covered site in lieu of any conflicting or different standards or requirements elsewhere in the Tukwila Municipal Code. Subsequently adopted standards that differ from those of a development agreement adopted by the City as provided in this chapter shall apply to the covered development project only where necessary to address imminent public health and safety hazards or where the development agreement specifies a time period or phase after which certain identified standards can be modified. Determination of the appropriate standards for future phases that are not fully defined during the initial approval process may be postponed. Building permit applications shall be subject to the building codes/regulations/ordinances and fire codes/regulations/ordinances in effect when the permit is applied for. W: Word Process ing\O rd ina nces\Deve lopment Agreements -purpose and procedures 6-5-12 SK:bjs Page 3 of 5 Section 5. TMC Section 18.86.040 is hereby established to read as follows: 18.86.040 Exercise of City Police Power and Contract Authority. As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise of the City's police power and contract authority. Accordingly, a development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. Section 6. TMC Section 18.86.050 is hereby established to read as follows: 18.86.050 Form — Public Hearing Required. Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210. All development agreements shall be in a form and content as approved by the City Attorney. Development agreements shall be approved by ordinance or resolution and shall be subject to review and approval by the City Council after a duly noticed public hearing pursuant to RCW 36.70B.200. Section 7. TMC Section 18.86.060 is hereby established to read as follows: 18.86.060 Conditions of Approval. In approving a development agreement, conditions of approval shall at a minimum establish: 1. A site plan for the entire project, showing locations of sensitive areas and buffers, required open spaces, perimeter buffers, location and range of densities for residential development, and location and size of non-residential development, 2. The expected build -out time period for the entire project and the various phases, if proposed; 3. Project phasing, if proposed, and other project -specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks; 4. Road and storm water design standards that shall apply to the various phases, if proposed, of the project; 5. Bulk design and dimensional standards that shall be implemented throughout subsequent development within the project; 6. The size and range of uses authorized for any non-residential development within the project; and 7. Any sewer and/or water comprehensive utility plans or amendments required to be completed before development can occur. 8. Any other item deemed necessary by the City Council. W: Word Processing\Ordinances\Development Agreements -purpose and procedures 6-5-12 SK:bjs Page 4 of 5 Section 8. TMC Section 18.86.070 is hereby established to read as follows: 18.86.070 Recording A development agreement shall be recorded with the real property records of the county in which the property is located pursuant to RCW 36.7013.190. Section 9. TMC Section 18.86.080 is hereby established to read as follows: 18.86.080 Discretionary, Legislative Act. The decision of the City Council to approve or reject a request for a development agreement shall be a discretionary, legislative act. Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 11. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 12. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this- day of ,tcn/Q , 2012. ATTEST/ UTHENTICATED: Christy O'Flah , MMC, City CI k aggert ayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: 1,7 Published: - ��- Effective Date: (� - -i helley M. Kerslake, City Attorney Ordinance Number: J3 DO W: Word Processing\Ordinances\Development Agreements -purpose and procedures 6-5-12 SK:bjs Page 5 of 5 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2378. On June 18, 2012 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 2378: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 18.86 RELATING TO DEVELOPMENT AGREEMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: June 21, 2012 Pursuant to RCW 36.70A.106, the following hereby provides notice of an adopted comprehensive plan amendment and/or development regulation amendment. Jurisdiction Name: City of Tukwila Address: 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Date: September 30, 2011 Contact Name for Ordinance: Brandon Miles, Senior Planner Phone Number: 206-431-3684 Fax Number: 206-433-0179 E-Mail Address: Brandon.Miles@Tukwilawa.gov Brief Description of the Proposed Development An Ordinance establishing a process, Regulation or Amendment: scope and content of Development Agreements. Public Hearing Date: June 11, 2012 Date of Adoption: June 18, 2012 Please Attach a Copy of the Adopted (Signed/Dated) Attached. Ordinance and Amendment. (Attachment Required) City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Jack Pace, Director BY: Nora Gierloff, Deputy Director DATE: May 30, 2012 SUBJECT: Development Agreement Procedures ISSUE Should the City adopt an Ordinance establishing the process, scope, and content of Development Agreements? BACKGROUND As authorized by state law, the City regularly uses DAs to provide certainty in the development process. Municipal Research and Services Center of Washington provides the following narrative on what a DA is: "A development agreement is a contract between a local jurisdiction and a person who has ownership or control of property within the jurisdiction. The purpose of the agreement is to specify the standards and conditions that will govern development of the property. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in effect at the time of approval - the development will not be subject to subsequent changes in regulations. Development agreements should also benefit the local jurisdiction. The city or county may include conditions (mitigation measures) that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure. The agreement may clarify how the project will be phased, the required timing of public improvements, the developer's contribution toward funding system -wide community improvements, and other conditions. The agreement can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and local jurisdiction"'. DAs are specifically useful for large and/or complex developments, such as Tukwila South, Westfield Southcenter and the future Tukwila Village site. The authority for the City to enter into a DA is granted to the City under Revised Code of Washington 36.70B.170. DAs are legislative acts, which means that the City has considerable discretion on whether to enter into a development agreement or not. DISCUSSION The City Attorney's office is recommending that the City add specific language to the Tukwila Municipal Code (TMC) Title 18 to codify the process for the City to enter into Development Agreements and specify the scope and content of such agreements. The attached Ordinance reflects the processes that are currently used by the City in the process of DAs under state law. The Ordinance simply codifies the City's process within the City's Development regulations (TMC Title 18). http://www.mrsc.org/subjects/planning/lu/developagreements.aspx INFORMATIONAL ML J Page 2 As required by TMC 18.80.050, the Transportation Committee referred the matter to the Planning Commission for their review and consideration. On May 24, 2012, the Planning Commission voted to recommend that the City Council adopt an Ordinance which establishes procedures for processing of Development Agreements. FINANCIAL IMPACT None RECOMMENDATION Staff recommends that the draft Ordinance be forwarded to the June 11, 2012 Committee of the Whole meeting for a public hearing and the June 18, 2012 Regular Council meeting for possible action. ATTACHMENTS • Draft Ordinance • Memo to Planning Commission dated May 18, 2012 Z:1DCD n Clerk's\Brandon\Development Agreement Ordinance\Transportation Memo, 2012.05.30.doc Brandon Miles From: COM GMU Review Team <reviewteam@commerce.wa.gov> Sent: Tuesday, May 22, 2012 4:07 PM To: Brandon Miles Subject: Acknowledgement Letter City of Tukwila Material ID_18108 Attachments: AckLetterExp 5-12.pdf Attached is the acknowledgement letter regarding proposed development regulations amendment regarding development agreements. For more convenient and faster service please contact the Review Team at reviewteam(c@commerce.wa.gov or call 360.725.3048 if you have any questions. Please retain this letter for your records. JvFt fayt2r?a 5:fr �l ? ?X arGF l r — ,�utpt �. St1',_ 4x 2uti. 0a '�e. -d .r,Yds' May 22, 2012 Brandon Miles Assistant Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Mr. Miles: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Proposed development regulations amendment regarding development agreements. These materials were received on May 22, 2012 and processed with the material ID # 18108. Expedited Review is requested under RCW 36.70A.106(3)(b). If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment requesting expedited review, then we have forwarded a copy of this notice to other state agencies for expedited review and comment. If one or more state agencies indicate that they will be commenting, then Commerce will deny expedited review and the standard 60-day review period (from date received) will apply. Commerce will notify you by e-mail regarding of approval or denial of your expedited review request. If approved for expedited review, then final adoption may occur no earlier than fifteen calendar days after the original date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048. Sincerely, Review Team Growth Management Services City Of Tukwila • Transportation Committee TRANSPORTATION COMMITTEE Meeting Minutes May 21, 2012— 5:15 R.m. — Conference Room No. 2* *Note Room Change PRESENT Councilmembers: Allan Ekberg, Chair; Kathy Hougardy and De'Sean Quinn Staff: David Cline, Bob Giberson, Frank Iriarte, Robin Tischmak, Cyndy Knighton, Jack Pace, Nora Gierloff, Brandon Miles, Paul Surek; Shelley Kerslake, Peggy McCarthy, Derek Speck, Gail Labanara and Kimberly Matej Guests: Chuck Parrish, resident, Paul Fuesel, KPG, Walt Niehoff, LMN Architects, Brianna Holan, LMN Architects; and David McMullen, KPFF CALL TO ORDER: The meeting was called to order at 5:18 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Tukwila Urban Center: Pedestrian/Bicvcle Bridge As information only, staff presented information to the Committee regarding architectural selections for the Tukwila Urban Center pedestrian/bicycle bridge. A PowerPoint presentation outlined the processes of determining trail alignments, approaches and bridge designs. The Committee asked pertinent questions including right-of-way needs, parking requirements, and identified users. Staff reported that the project plans will be at 30% completion by October, with final design anticipated in fall 2013. Staff showed a 3-D model of a draft bridge design. Cormnittee Members suggested the model be made available at a Council meeting so that remaining Councilmembers could view it. The Committee Members were complimentary of what has been presented to date. INFORMATION ONLY. B. Grant Applications for State and Federal Funds: PSRC 2012 Call for Projects Staff is seeking Committee approval to apply for four grants, three of which have already been submitted and one which is forthcoming. As a result of an overlooked deadline, staff submitted applications to the 2012 Puget Sound Regional Council (PSRC) Federal Funding Program prior to receiving Committee approval. The applications were due by 5:00 p.m. on May 11, 2012, and reflect existing projects that are in the City's CIP, familiar to Council, and have been submitted for previous grant funding. The funding requests total $6,736,080 for three projects — sidewalks, pavement restoration, lighting and drainage on Interurban Avenue South; overlay on East Marginal Way South; and the "Street Smart" non -motorized project for the North Tukwila Manufacturing Industrial Center. If funds are awarded, the Council does have the ability to decline the funding. Committee Chair Ekberg emphasized the importance of staff tracking grant deadlines so that Council and Committee processes can be followed. Additionally, staff is seeking Committee approval to apply for grant funding this summer through the State Transportation Improvement Board in the amount of $4 million for the Interurban Avenue South project mentioned above. COMMITTEE APPROVAL. APPLY FOR GRANT. Transportation Committee Minutes May 21, 2012 - Page 2 C. Development Agreement Procedures Staff is seeking Committee approval to fonvard a draft ordinance relating to procedures for development agreements to the Planning Commission for review and recommendation to full Council. Incorporating language into the Tukwila Municipal Code (TMC) will provide greater transparency and set expectations for such agreements, essentially, codifi ing current processes and past practice. It Nvill address broad sections of TMC Chapter 18 relating to the zoning code. FORWARD TO PLANNING COMMISSION FOR REVIEW AND RECOMMENDATION. III. SCATBd No report scheduled for Committee. IV. MISCELLANEOUS Meeting adjourned at 6:01 p.m. Next meeting: Monday, June 4, 2012 - 5:15 p.m. - Conference Room #1 i. Committee Chair Approval ,lfinutes by K V. Reviewed br GL. City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Jack Pace, Director BY: Brandon J. Miles, Senior Planner DATE: May 18, 2012 SUBJECT: Development Agreement Procedures Referral to Planning Commission Needed ISSUE Should the City adopt an Ordinance establishing the process, scope, and content of Development Agreements? BACKGROUND As authorized by State Law, the City regularly uses Development Agreements (DA) to provide certainty in the development process. DAs, which are adopted by either Ordinance or Resolution by the City Council, allow the City to provide development projects flexibility from adopted development standards. DAs are specifically useful for large and/or complex developments, such as Tukwila South, Westfield Southcenter and the future Tukwila Village site. The authority for the City to enter into a DA is granted to the City under the Revised Code of Washington 36.70B.170. DISCUSSION The City Attorney's office is recommending that the City add specific language to the Tukwila Municipal Code (TMC) Title 18 to codiy the process for the City to enter into DAs and specific the scope and content of such agreements. Staff is proposing that an Ordinance be adopted which would add a new Chapter to TMC Title 18. This is purely codifying the City's past practices. Given that amendments are being proposed to TMC Title 18, a referral to the Planning Commission from a Council Committee is required per TMC 18.80.050. In order to accommodate the Tukwila Village Project, staff would like to take the proposed Ordinance to the Planning Commission on May 24, 2012 for consideration and a recommendation. Once a recommendation is provided, the proposed Ordinance, with amendments to TMC Title 18, will go through the regular Council approval process. FINANCIAL IMPACT None. RECOMMENDATION Committee approval to refer the proposed amendment to TMC Title 18 to the Planning Commission for their consideration and recommendation as required by TMC 18.80.050. attachments: TMC 18.08.050 CADocuments and SettingMsusanlLocal Settings\Temporary Internet FllestContent.Outlookl4SHZT2AMinfo Memo Title 18 &18-12.docx 15 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.Tukwi]aWA.2ov DETERMINATION OF NON -SIGNIFICANCE (DNS) File Number: E 12-004 Applied: 05/31/2012 Issue Date: 06/01/2012 Status: APPROVED Applicant: TUI{WILA CITY OF Lead Agency: City of Tukwila Description of Proposal: Adoption of a new chapter to the Tukwila Municipal Code ("TMC") establishing a process, scope, and content of Development Agreements ("DA"). This is a non -project action. Location of Proposal: Address: Parcel Number: Section/Township/Range: 6300 SOUTHCENTER BL TUKW 0003200005 CITY-WIDE The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 c.030(2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2). Comments must be submitted by 1% J The lead agency will not act on this proposal for 14 days from the date below. Jack P e,-Tesponsible Official City of Zukwila 6300 Southcenter Blvd Tukwila, WA 98188 (206)431-3670 �11 Date Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075) 0+:.. i...J. 11L 01 nn1 i1 MEMORANDUM To: . Jack Pace, Director From: Brandon Miles, Senior Planner Date: May 31, 2012 Re: E12-004 (SEPA Determination) Project Description: This is a non -project action to adopt a TMC Chapter establishing the process, scope, and content of Development Agreements (DA). As authorized by state law, the City regularly uses DAs to provide certainty in the development process. Municipal Research and Services Center of Washington provides the following narrative on what a DA is: "A development agreement is a contract between a local jurisdiction and a person who has ownership or control of property within the jurisdiction. The purpose of the agreement is to specify the standards and conditions that will govern development of the property. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in effect at the time of approval - the development will not be subject to subsequent changes in regulations. Development agreements should also benefit the local jurisdiction. The city or county may include conditions (mitigation measures) that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure. The agreement may clarify how the project will be phased, the required timing of public improvements, the developer's contribution toward funding system -wide community improvements, and other conditions. The agreement can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and local jurisdiction"'. DAs are specifically useful for large and/or complex developments, such as Tukwila South, Westfield Southcenter and the future Tukwila Village site. The authority for the City to enter into a DA is granted to the City under Revised Code of Washington 36.70B.170. DAs are legislative acts, which means that the City has considerable discretion on whether to enter into a development agreement or not. Council action on the proposed Ordinance is anticipated on June 18, 2012. Agencies with Jurisdiction: None, this is a non -project action. Other Required Permits: None, this is a non -project action. 1 http://www.mrsc.org/subjects/planning/lu/developagreements.aspx ..� ! . Brandon Miles, Senior Planner E 12-004 SEPA Staff Report Summary of Primary Impacts: • Earth No impacts are anticipated, as this is a non -project action. -Air None anticipated. • Water Concur with checklist. • Plants N/A, non -project action. • Animals Concur with checklist. • Energy/Natural Resources Concur with checklist. • Environmental Health Concur with checklist. Land/Shoreline Use Any project proposed to use a DA would have to be consistent with the City's Development regulations. • Housing Non -project action, concur with checklist. • Aesthetics Non -project action, concur with checklist. • Light and Glare None, non -project action. H:\SEPA\Development Agreement Ordinance\sepa-staffipt.doc 2 • y: s Brandon Miles, Senior Planner E12-004 SEPA Staff Report • Recreation Concur with checklist. • Historic and Cultural Preservation N/A, non -project action. • Transportation Non -project action. No impacts anticipated. • Public Services This is a non -project action. • Utilities Concur with checklist, this is a non -project action. Recommendation: Determination of Non -Significance H:\SEPA\Development Agreement Ordinance\sepa-staffrpt.doc 3 Permits Plus #. E12-004 ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: Adoption of a new chapter to the Tukwila Municipal Code ("TMC") establishing a process, scope, and content of Development Agreements ("DA"). This is a non -project action. 2. Name of applicant: City of Tukwila DCD 3. Address and phone number of applicant and contact person: Brandon Miles, Senior Planner City of Tukwila DCD 6300 Southcenter Bl. Suite 100 Tukwila, WA 98188 4. Date checklist prepared: May 31, 2012 5. Agency requesting checklist: City of Tukwila. 6. Proposed timing or schedule (including phasing, if applicable): The Ordinance adopted the proposed chapter will be reviewed by the City Council's Transportation Committee on June 4, 2012. A public hearing before the entire City Council is scheduled for June 11, 2012, with possible Council action scheduled for June 18, 2012. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None. Nora Gierloff Page 1 05/31/2012 H:\SEPA\Sign Code Rewrite\SEPA Checklist.doc Page 1 ENVIRONMENTAL CHECKLIST 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No applications are pending with other governmental entities. 10. List any government approvals or permits that will be needed for your proposal. As required by the Growth Management Act, the City has notified the Department of Commerce that the City intends to adopt revised development regulations. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Section E requires a complete description of the objectives and alternates of your proposal and should not be summarized here. The City intends to adopt an Ordinance which will establish a Chapter to the TMC that will establish the process, scope, and content of Development Agreements. The use of Development Agreement is specifically authorized by Revised Code of Washington ("RCW") 36.70B.170. Municipal Research and Services Center of Washington provides the following narrative on what a DA is: "A development agreement is a contract between a local jurisdiction and a person who has ownership or control of property within the jurisdiction. The purpose of the agreement is to specify the standards and conditions that will govern development of the property. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in effect at the time of approval - the development will not be subject to subsequent changes in regulations. Development agreements should also benefit the local jurisdiction. The city or county may include conditions (mitigation measures) that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure. The agreement may clarify how the project will be phased, the required timing of public improvements, the developer's contribution toward funding system -wide community improvements, and other conditions. The agreement can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and local jurisdiction'". 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 1 http://www.mrsc.org/subjects/planning/lu/developagreements.aspx Page 2 ENVIRONMENTAL CHECKLIST The proposed Ordinance would apply city-wide. This is a non -project action. 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? These changes to the TMC would affect the entire City. This is a non -project action. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other. These changes would affect the entire City. b. What is the steepest slope on the site (approximate percent slope)? These changes would affect the entire City. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. These changes would affect the entire City. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Non -project action. These changes would affect the entire City. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Non -project action. The SEPA threshold for grading would not be affected by these amendments. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Non -project action. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Non -project action. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Page 3 ENVIRONMENTAL CHECKLIST Non -project action. These changes would not affect Tukwila's existing erosion control regulations. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Non -project action. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. Non -project action. C. Proposed measures to reduce or control emissions or other impacts to air, if any: These changes would affect the entire City. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. These changes would affect the entire City. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Non -project action. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Non -project action. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. Non -project action. Page 4 ENVIRONMENTAL CHECKLIST 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. These changes would affect the entire City. Non -project action. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Non -project action. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. Non -project action. 2) Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Non -project action. C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Non -project action. 2) Could waste materials enter ground or surface waters? If so, generally describe. Non -project action. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Non -project action. 4. Plants a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other Page 5 ENVIRONMENTAL CHECKLIST evergreen tree: fir, cedar, pine, other Shrubs Grass Pasture crop or grain wet soilplants: cattail, buttercup, bulrush, skunk cabbage, other waterplants: water lily, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? Non -project action. C. List threatened or endangered species known to be on or near the site. Non -project action. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Non -project action. Minor changes to landscape standards in the Medium and High Density Residential zones are proposed as part of the townhouse changes. 5. Animals a. Circle any birds or animals which have been observed on or near the site or are known to be on or near the site: Birds: Mammals: Fish: Other: b. List any threatened or endangered species known to be on or near the site. Non -project action. C. Is the site part of a migration route? If so, explain. Non -project action. d. Proposed measures to preserve or enhance wildlife, if any: Non -project action. 6. Energy and Natural Resources Page 6 ENVIRONMENTAL CHECKLIST a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Non -project action. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Non -project action. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Non -project action. These changes would not affect Tukwila's existing energy efficiency regulations. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Non -project action. 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards, if any: None needed. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Non -project action. 2) What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Non -project action. 3) Proposed measures to reduce or control noise impacts, if any: Non -project action. Page 7 ENVIRONMENTAL CHECKLIST 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Non -project action. b. Has the site been used for agriculture? If so, describe. Non -project action. C. Describe any structures on the site. Non -project action. d. Will any structures be demolished? If so, what? Non -project action. e. What is the current zoning classification of the site? Non -project action. f. What is the current comprehensive plan designation of the site? These changes would affect the entire City. g. If applicable, what is the current shoreline master program designation of the site? Non -project action. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. These changes would affect the entire City. i. Approximately how many people would reside or work in the completed project? Non -project action. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None required. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Non -project action. Page 8 ENVIRONMENTAL CHECKLIST 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing? Non -project action, no units would be built. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Non -project action. C. Proposed measures to reduce or control housing impacts, if any: Non -project action. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Non -project action. b. What views in the immediate vicinity would be altered or obstructed? Non -project action. C. Proposed measures to reduce or control aesthetic impacts, if any: Non -project action. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Non -project action. b. Could light or glare from the finished project be a safety hazard or interfere with views? Non -project action. C. What existing off -site sources of light or glare may affect your proposal? Non -project action. d. Proposed measures to reduce or control light and glare impacts, if any: Non -project action. Page 9 ENVIRONMENTAL CHECKLIST 12. Recreation a. What designed and informal recreational opportunities are in the immediate vicinity? Non -project action. b. Would the proposed project displace any existing recreational uses? If so, describe. No. C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None required. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. These changes would affect the entire City. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. These changes would affect the entire City. C. Proposed measures to reduce or control impacts, if any: Non -project action. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. These changes would affect the entire City. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? These changes would affect the entire City. C. How many parking spaces would the completed project have? How many would the project eliminate? Non -project action. No changes are proposed to parking standards. Page 10 ENVIRONMENTAL CHECKLIST d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). Non -project action. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. These changes would affect the entire City. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Non -project action. g. Proposed measures to reduce or control transportation impacts, if any: No impacts expected. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. None project action. b. Proposed measures to reduce or control direct impacts on public services, if any. None expected. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. These changes would affect the entire City. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Non -project action. C. SIGNATURE Under the penalty of perjury the above answers under ESA Screening Checklist and State Environmental Policy Act Checklist are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Page 11 Date Submitted: 51�111 Page 12 ENVIRONMENTAL CHECKLIST D. SUPPLEMENTAL SHEET FOR NON PROJECT ACTIONS (Do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result form the proposal, would affect the item at a greater intensity or at a faster rate than in the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Again, this is a non -project action and the proposed Ordinance will not increase the discharge to water; emissions to air; production, storage, or release of toxic hazardous substances, or production of noise. The proposed Ordinance would simply establish a TMC Chapter to the process, scope, and content of a DA. Any development project would have to comply with the City's SEPA process at the time of construction. Additionally, any project would have to comply with the City's development regulations, as well as State and Federal requirements. Proposed measures to avoid or reduce such increases are: None needed. 2. How would the proposal be likely to affect plants, animals, fish or marine life? No changes to Tukwila's environmental regulations are proposed Proposed measures to protect or conserve plants, animals, fish or marine life are: None needed. 3. How would the proposal be likely to deplete energy or natural resources? The changes would be unlikely to affect the consumption of natural resources. A future construction project would have to comply with the City's SEPA review process and impacts associated with individual projects would be reviewed at that time. Proposed measures to protect or conserve energy and natural resources are: None needed. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for government protection; such as parks, Page 13 v ENVIRONMENTAL CHECKLIST wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Any future construction projects that utilize a DA would have to comply with the City's Development regulations. Proposed measures to protect such resources or to avoid or reduce impacts are: None needed. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incomplatible with existing plans? Any future construction projects that utilize a DA would have to comply with the City's Development regulations. Proposed measures to avoid or reduce shoreline and land use impacts are: None needed. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? No impacts foreseen. Proposed measures to reduce or respond to such demand(s) are: None needed. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No such conflicts are anticipated. Page 14 eit* o f J uP,�ca& Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, _Teri Svedahl , HEREBY DECLARE THAT: Notice of Application Notice of Decision Notice of Public Hearing Notice of Public Meeting x Determination of Non- Mitigated Determination of Non - Significance Si nificance Determination of Significance & Scoping Short Subdivision Agenda Notice Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Board of Adjustment Agenda Packet Packet Official Notice Notice of Action Other: Was mailed to each of the addresses listed/attached on this _ 1 st day of -June—, _2012 Project Name: City of Tukwila, City Wide, Establishing process for DA Project Number: PL12-014 Associated File Number s : E12-004, L12-013 Mailing requested by: B;4ndgp Miles Mailer's signature: / — U v - W:\USERS\TERI\TEMPLATES-FORMS\AFFIDAVI OF DISTRIBUTION.DOC AGENCY LABELS Section 1 FEDERAL AGENCIES ( ) US Corps of Engineers () US Environmental Protection Agency (E.P.A.) ( ) Federal HWY Admin () US Dept of HUD ( ) Federal Transit Admin, Region 10 () National Marine Fisheries Service ( ) Dept of Fish & Wildlife Section 2 WASHINGTON STATE AGENCIES ( ) Office of Archaeology () Dept of Social & Health Services \,Transportation Department (WSDOT NW) () Dept of Ecology NW Regional Office, Shoreland Div. Dept of Natural Resources ******* NOD REQUIRES RETURN RECEIPT () Office of the Governor Dept of Ecology, SEPA **Send Electronically WA State Community Development N Office of Attorney General WA Fisheries & Wildlife, MillCreek Office () Office of Hearing Examiner N)WA Fisheries & Wildlife, Larry Fisher, 1775 12t" Ave NW Ste 201, Issaquah WA 98027 Section 3 KING COUNTY AGENCIES ( ) KC Boundary Review Board () Health Department ( ) Fire District # 11 ` () Port of Seattle ( ) Fire District # 2 KC Dev & Enviro Services-SEPA Info Center ( ) KC Wastewater Treatment Div () KC Metro Transit Div-SEPA Official, Environmental Planning ( ) KC Dept of Parks & Recreation () KC Dept of Natural Resources ( ) KC Assessor's Office O KC Dept of Natural Resources, Andy Levesque Section 4 SCHOOLS/LIBRARIES ( ) KC Public Library System O Westfield Mail Library ( ) Foster Library O Tukwila School District ( ) Renton Library () Highline School District ( ) Kent Library () Seattle School District ( ) Seattle Library () Renton School District Section S UTILITIES ( ) QWEST Communications () BP Olympic Pipeline () Seattle Public Utilities ( ) Seattle City Light () Val-Vue Sewer District () Allied Waste Services ( ) Puget Sound Energy () Water District # 20 ( ) Highline Water District () Water District # 125 ( ) Seattle Planning &Dev/Water Dept () City of Renton Public Works ( ) Comcast \ O Bryn Mawr-Lakeridge Sewer/Water Dist ( ) Tukwila City Departments () Public Works () Fire () Police () Finance () Planning () Building () Parks & Rec () Mayor O City Clerk \:► N Kent Planning Dept N ` j Renton Planning Dept (y City of SeaTac City of Burien ( ) City of Seattle *Notice of all Seattle Related Section 7 OTHER LOCAL AGENCIES ( ) Puget Sound Regional Council () Puget Sound Clean Air Agency ( ) SW KC Chamber of Commerce Sound Transit/SEPA Muckleshoot Indian Tribe * v `)- ( Duwamish River Clean Up Coalition J () Cultural Resources �( � () Washington Environmental Council Fisheries Program O People for Puget Sound ( ) Wildlife Program () Futurewise Duwamish Indian Tribe * * send notice of all applications on Green/Duwamish River Section 8 MEDIA ( ) Seattle Times () Highline Times ( ) South County Journal () City of Tukwila Website P:Admin\Admin Forms\Agency Checklist ruonc notice mawngs ror Permits SEPA MAILINGS ' Mail to: (comment period starts on date of mailing) Dept. of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached list) *Any parties of record * send only the staff report, site plan and the SEPA Determination KC Transit Division - SEPA Official would like to receive information about all projects that might affect transit demand Tribes - For any application on the Green/Duwamish River, send the checklist and a full set of plans with the Notice Of Application Send These Documents to DOE: SEPA Determination (from PermitsPlus) Findings (staff report, usu. with MDNS) SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to owners and to property owners within 500 feet of subject property, comments are due 30 days after the notice of application is mailed/posted. The Notice of Application for a Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the Notice of Application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Notice is sent to Ecology's NW Regional Office Shorelands & Environmental Assistance M. Shoreline Permit Notice of Decision: Mail to: (within 8 days of decision; 21-day appeal period begins date of filing with DOE) - Notice to DOE Must be b return receipt requested email (this requirement included in SSB 5192, effective 7-22-11). Department of Ecology Shorelands Section, NW Regional Office State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). *Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: Permit Data Sheet Shoreline Substantial Development Permit (printed out from PermitsPlus) Findings (staff report or memo) Shoreline Permit Application Form (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) - Site plan, with mean high water mark & improvements - Cross -sections of site with structures & shoreline - Grading Plan - Vicinity map SEPA determination (3-part from Sierra) Findings (staff report or memo) SEPA Checklist (filled out by applicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) P:Admin\Admin Forms\Agency Checklist