HomeMy WebLinkAboutCOW 2020-11-23 Item 3 - Public Hearing - Ordinance Amending Table 18-6 "Land Uses Allowed by District" to Clarify Types and Form of Development in Tukwila International Boulevard Study AreaCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/23/20
LM
❑ Motion
Mtg Date
❑ Resolution
AT Date
12/07/20
LM
11 Public Hearing
❑ Other
Mtg Date
Mtg Date
Mtg Date 12/07/20
Mtg Date 11/23/20
SPONSOR ❑ Council ❑ Mayor ❑ HR 11 DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PW
SPONSOR'S Amend TMC 18 to update regulations related to auto -oriented and lodging uses currently
SUMMARY prohibited by the moratorium (Ordinance 2631) in the Neighborhood Commercial Center
(NCC) and Regional Center (RC) zoning districts in the Tukwila International Boulevard
(TIB) study area. Adoption of these amendments would eliminate the need to renew the
moratorium in January 2021. The Council is asked to hold a public hearing on 11/23/20
and forward to the 12/07/20 Regular Meeting.
REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn
❑ LTAC ❑ Arts Comm. ❑ Parks Comm.
DATE: 11/16/20 COMMITTEE CHAIR: MCLEOD
►1 Planning/Economic
Dev.
ITEM INFORMATION
ITEM No.
3 &4.A.
1
STAFF SPONSOR: LYNN MIRANDA
ORIGINAL AGENDA DATE: 11/23/20
AGENDA ITEM TITLE An Ordinance adopting zoning code amendments to replace the current moratorium
(Ordinance 2631) on certain auto -oriented and lodging uses in NCC and RC zoning
districts in the Tukwila International Boulevard (TIB) study area
CATEGORY 11 Discussion
11/23/20
❑ Motion
Mtg Date
❑ Resolution
AT Date
11 Ordinance
❑ Bid Award
Mtg Date
11 Public Hearing
❑ Other
Mtg Date
Mtg Date
Mtg Date 12/07/20
Mtg Date 11/23/20
SPONSOR ❑ Council ❑ Mayor ❑ HR 11 DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PW
SPONSOR'S Amend TMC 18 to update regulations related to auto -oriented and lodging uses currently
SUMMARY prohibited by the moratorium (Ordinance 2631) in the Neighborhood Commercial Center
(NCC) and Regional Center (RC) zoning districts in the Tukwila International Boulevard
(TIB) study area. Adoption of these amendments would eliminate the need to renew the
moratorium in January 2021. The Council is asked to hold a public hearing on 11/23/20
and forward to the 12/07/20 Regular Meeting.
REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn
❑ LTAC ❑ Arts Comm. ❑ Parks Comm.
DATE: 11/16/20 COMMITTEE CHAIR: MCLEOD
►1 Planning/Economic
Dev.
❑ Planning Comm.
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Department of Community Development
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/23/20
12/07/20
MTG. DATE
ATTACHMENTS
11/23/20
Informational Memorandum dated 11/6/20
A. Ordinance 2631
B. Planning Commission Minutes: April — Nov 2020
C. Public Comments Received (April -Oct)
D. Figure 18-60: Map of Tukwila International Blvd (TIB) Study Area
E. Draft Ordinance Amending the Zoning Code TMC Table 18-6
Minutes from the Planning and Economic Development Committee meeting 11/16/20
12/7/20
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Economic Development Committee
FROM: Jack Pace, Department of Community Development Director
BY: Lynn Miranda, Planning Manager
CC: Mayor Ekberg
DATE: November 6, 2020
SUBJECT: An Ordinance adopting zoning code amendments to replace the current
moratorium (Ordinance 2631) on certain auto -oriented and lodging uses in
NCC and RC zoning districts in the Tukwila International Boulevard (TIB)
study area
ISSUE
Should the Zoning Code be amended to update regulations related to certain auto -oriented and
lodging land uses in the Neighborhood Commercial Center (NCC) and Regional Center (RC)
zoning districts located in the TIB study area that are currently prohibited by the moratorium
(Ordinance 2631)? These amendments would eliminate the need to renew the current
moratorium when it expires in January 2021.
BACKGROUND
In 2015, the City Council adopted an updated Comprehensive Plan with new goals, policies,
and vision for Tukwila International Boulevard. A key goal of the Plan's Tukwila International
Boulevard (TIB) Element is to transition TIB from a highway serving regional traffic into more of
a safer, walkable "main street" with businesses serving the residents located nearby. The long-
term vision also called for new housing and commercial uses at more urban densities within
walking distance of the light rail station. In February 2017, a three-day public workshop with the
Congress for New Urbanism (CNU) was held to develop ideas for implementing the
Comprehensive Plan. At the May 1, 2017 City Council meeting, CNU recommended two key
actions: 1) revise the street design for TIB to add on -street parking for businesses, improve
safety, and reduce speeding; and 2) update the zoning code with standards that would support
and encourage the types and form of new development that create a walkable main street.
Shortly after the CNU workshop, Council adopted a 6 -month moratorium prohibiting auto -
oriented and lodging uses in in the TIB study area to ensure that any future development or
redevelopment occurring prior to adoption of the new standards would not conflict with the
vision for a walkable "main street". The moratorium also was intended to prevent investment in
uses that were likely not going to be allowed under the planned revisions to the zoning code.
Work on the new zoning code standards and TIB rechannelization options has been
progressing but is not yet completed, most recently due to impacts from the pandemic on
staffing and City revenues. The City Council has been continuing to renew the moratorium every
six months since 2017 but indicated in December 2019 that they would not do so again when
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INFORMATIONAL MEMO
Page 2
the moratorium expired in July 2020. Instead, the City Council requested the Planning
Commission to consider zoning code amendments regarding auto -oriented and lodging uses
that would replace the provisions in the moratorium.
Planning Commission Public Hearings
The Planning Commission held a public hearing on the draft interim zoning code amendments
related to certain auto -oriented and lodging uses in the TIB study area prohibited by the
moratorium (Ordinance 2620) on April 23, 2020. The hearing was held online due to the
Governor's Proclamation 20-28 which prohibited any public agency from conducting in-person
meetings. After the virtual hearing, the City Council expressed concern about the difficulty of
public outreach and participation, and the Planning Commission postponed the continuation of
their hearing to a date in the future when it could be conducted in-person.
Since the adoption of the amendments was to be delayed, the Council moved forward with
renewing the moratorium on July 6th (Ordinance 2631 — Attachment A) and directed that the
interim zoning code amendments now be adopted prior to the new expiration date of January
2021. To accommodate this schedule, the Planning Commission continued their public hearing
virtually on October 22, 2020, as restrictions on public gatherings had not yet been lifted.
For the October 22 public hearing, public notice was expanded to ensure the community was
well-informed of the upcoming hearing. TMC 18.104.120 requires notice of a public hearing to
be sent to residents, occupants, and owners of record of property within 500 feet of the site as
well as any parties of record. Prior to the October 22 meeting:
Y Emails were sent after the April 23 hearing to those who provided comment, inviting them to
meet with staff to discuss any concerns or comments about the interim zoning code
amendments prior to the continuation of the Planning Commission public hearing. Mr. Yusef
of East Side for Hire responded and met with David Cline and Jack Pace. No other
recipients requested to meet with staff.
Y 11,300 postcards were mailed to all businesses, residents and property owners located in
the City (excluding Southcenter, Tukwila South, and properties in the MIC zone) providing
notice of the virtual public hearing and an open house on the proposed changes, and
directions as to how to participate and provide comments. Included on the postcard in five
different languages was "This information is very important to your community. Please ask
someone to translate it for you".
Y 337 emails with the postcards attached were sent to TIB interested parties on October 7,
2020 providing notice of the public hearing and the open house.
Y Staff hand -delivered flyers on the public hearing and open house to all businesses in the RC
and NCC zoning districts in the TIB study area. Included on the flyer in five different
languages was "This information is very important to your community. Please ask someone
to translate it for you".
Y Notice of the hearing and open house was published in the Seattle Times on October 8,
2020.
The online Open House was held on October 20, 2020. The goal of the open house was to
provide an opportunity for residents and business owners to get more information on the
proposed amendments and ask questions of staff so that they could be well-prepared to provide
comments at the upcoming public hearings. Five people attended the open house.
On November 5, 2020, the Planning Commission concluded their deliberations and forwarded
their recommendations on the proposed modifications to Table 18-6 to the City Council for
additional public review and discussion. Here are links to the three Planning Commission
https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Code Updates/TIB District Interim LU Revisions/CC Meetings/L20-
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INFORMATIONAL MEMO
Page 3
meeting agenda packets: April 23, 2020 meeting, October 22, 2020 meeting, Nov 5, 2020
meeting. There were four planning commissioners present at the Nov 5, 2020 meeting
when deliberations were finalized.
The minutes for the Planning Commission's April 23 and October 22 public hearings and
November 5 meeting can be found in Attachment B (The Nov 5 meeting minutes are draft, but
we anticipate they will be adopted at Nov 12th Planning Commission meeting). Attachment C
contains copies of the written public comments and matrices of verbal public comments and
Planning Commission questions received during the April and October public hearings.
DISCUSSION OF THE PROPOSED CHANGES
Y Moratorium (Ordinance 2631)
Ordinance 2631 currently prohibits the development, expansion, intensification or establishment
of any auto -oriented commercial uses including but not limited to gas stations; car washes;
vehicular repair or services; vehicular sales or rentals; vehicular storage; commercial parking
and drive-throughs; battery, tire, engine body repair shops; vehicular sales or rentals; and
hotels, motels, and extended -stay facilities in the Neighborhood Center Commercial (NCC) and
Regional Commercial (RC) zoning districts in the TIB study area.
Y Affected Zones in the TIB Study Area (see Attachment D)
The limits of the TIB study area and the affected zoning districts can be seen in Attachment A.
The TIB study area is roughly bound by S. 139th Street in the north, S. 160th Street in the south,
Military Road S./City limits to the west, and 42"d Avenue S. to the east.
The proposed zoning code amendments apply to these zoning districts:
o The Neighborhood Commercial Center (NCC) zone is found in a few locations
throughout the City. However, the proposed amendments would be limited to those
areas located within the TIB study area.
o The Regional Commercial (RC) zones are only located within the TIB study area.
Proposed TMC Table 18-6 Zoning Code Amendments
Several options were proposed by staff and considered by the Planning Commission over the
course of their deliberations. The most restrictive option was to regulate the type of uses in the
TIB area by prohibiting all auto -oriented and lodging uses, consistent with the moratorium.
However, the final recommendations in Table 1 allow most of these uses and regulate the
physical aspects of building form and site design to create a high quality, superior walking
experience. The majority of these were based on CNU and staff's recommendations which were
then refined by the Planning Commission after considering public comments.
There were four Planning Commissioners in attendance at the November 5, 2020 meeting to
deliberate on the proposed amendments. Table 1 below summarizes land uses considered, any
recommended changes, and the results of the Planning Commission's votes on Motions to
forward the item to the City Council. The first six land uses listed in Table 1 were recommended
unanimously by the Commissioners in attendance and are included in the draft ordinance.
Voting on the remaining four land uses was mixed — they received a combination of votes in
favor of, opposed to, or abstentions. They are presented in Table 1 for further discussion by the
City Council.
https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Code Updates/TIB District Interim LU Revisions/CC Meetings/L20-
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INFORMATIONAL MEMO
Page 4
Specifically, the first column in Table 1 identifies the land uses currently prohibited by the
moratorium. Columns 2 shows if the use is currently permitted (P) in NCC or RC zoning
districts, and the associated footnote is a proposed change. Column 3 contains the footnote with
the proposed change (the recommended changes are represented by underlining and
strikeouts). The fourth column presents the reasons for making the proposed change, and the
last column summarizes how the Planning Commissioners voted.
Note that:
Y Motels is the only use currently allowed by code and is recommended to be prohibited in the
TIB study area by the proposed amendments.
Y For the other nine uses, new footnotes were proposed to regulate building or site design.
Y Minor language clarifications are proposed to current footnotes for Commercial Parking.
Y Application of regulations:
o The regulations would apply to all new uses in the RC and NCC district.
o Per the City's Nonconforming Regulations (TMC 18.70) pre-existing legal uses in the
NCC and RC zones are grandfathered and can continue to operate. Only when
some thresholds listed under TMC 18.70 (such as an expansion, structural alteration,
vacant for more than 24 months) is triggered do they need to come into compliance
with the code. Over time, it is intended that these uses and structures will be
replaced with those that are more neighborhood -serving and contribute to a walkable
streetscape.
o Pre-existing legally established auto sales and vehicle rental uses in the RC zone in
the TIB study area on the effective date of the ordinance are exempt from the
enclosed showroom requirement, provided the use is limited to the existing parcel(s)
currently occupied on the date of the ordinance.
Y Pawnbrokers. There was a suggestion from the Planning Commission during the public
hearing to prohibit pawnbrokers and payday lenders in the RC zone as they do not add value
to the neighborhood. Pawnbrokers are currently a Conditional use (C) in RC and payday
lender is not called out as a specific use in Table 18-6. Neither use is listed as a prohibited
use in the moratorium. Pawnbrokers are permitted elsewhere in the City.
Staff is seeking input from Council if Pawnbrokers and payday lenders should be prohibited
in the RC zone. The vote by the Planning Commissioner was 2 in favor, 1 opposed and 1
abstain on this item.
FINANCIAL IMPACT
None
STAFF'S RECOMMENDATION
Adopt the draft Ordinance (Attachment E) with proposed modifications to TMC Chapter 18
Table 18-6. If these interim zoning code changes for TIB are not adopted and the moratorium is
not renewed, redevelopment could occur that does not support the community vision and the
adopted Comprehensive Plan goals and policies for the TIB area.
NEXT STEPS
The Committee is being asked to provide input to staff on the items that did not have a
consensus vote from the Planning Commission and forward this ordinance to the November 23,
2020 Committee of the Whole meeting for a public hearing and review. Forward a
recommendation to approve, deny or modify the draft ordinance at the Regular Meeting on
December 7, 2020.
ATTACHMENTS
https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Code Updates/TIB District Interim LU Revisions/CC Meetings/L20-
0015 COW info memo.docx
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Table 1. Proposed Changes to Title 18 Table 18-6 Land Uses Allowed by District
Planning
Commission
Vote
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In favor: 2
Opposed:1
Abstained: 1
Reason for the Proposed Change
These uses are currently permitted in both the NCC and RC zones,
however the current code doesn't address drive-through facilities
associated with these uses. Drive-through facilities, e.g. for pharmacies
and banks, attract more vehicles to the business and increasing the
likelihood of potential conflicts between cars and pedestrians. The
recommended amendments address this by allowing new uses with drive-
throughs but regulate the location of the drive-through window and
queueing, as well as where vehicles exit on to adjacent streets, to limit
vehicle/pedestrian interactions.
Minor language clarification.
These additional requirements were added to attract new, quality hotels
and/or extended stay hotels to locate on TIB. A 24-hour staffed reception
and all rooms accessed off interior hallways or lobbies allows for better
observation of activities and visitors on-site. 90 rooms minimum was
selected because it is consistent with the minimum room requirement used
by the Seattle Southside Regional Promotion Authority Tourism Promotion
Area (TPA) in determining application of lodging charges. If Motels are
prohibited from the RC zoning district (see #4 below), then `motel' should be
deleted from Extended -stay hotel in Table 18-6.
This is the only use currently allowed by code and recommended to be
prohibited. Motels are currently allowed in the RC zoning district. The intent
of the proposed amendment is to prohibit new motels along TIB, which,
due to their condition and management, were the site for illegal activity and
resulted in their closure and public seizure.
Auto sales lots are currently allowed in RC, provided there is no
dismantling of vehicles or sales of used parts. This would continue to apply.
The amendments would allow most of these uses and regulate the physical
aspects of building form and site design to create a high quality, superior
walking experience. For example, an auto sales business with a large
parking lot for vehicles doesn't create a desirable area to walk past — but
requiring auto sales to put a sample of their vehicles in a well-designed
enclosed showroom with a transparent shopfront does.
The intention of the proposed regulations is to prohibit the types and forms
of businesses that primarily serve cars and because they don't have active
shopfronts they do not contribute to walkability. They are typically
characterized by outdoor storage of supplies and vehicles and generate a lot
Proposed Changes (strikeouts/underlining)
Footnote
Drive-through facilities are permitted when located behind a building.
Queuing lanes are not permitted between buildings and public
frontage sidewalks. Where the use is located on a corner or with
access to an alley, drive-throughs must exit to a side street or an alley
that connects to a side street, where feasible.
7. Provided it is either: a. a structured parking facility located within a
structure having substantial ground floor retail or commercial activities
and designed such that the pedestrian and commercial environments
are not negatively impacted by the parking use; or b. a surface parking
facility located at least 175 feet from adjacent arterial streets and
behind a building that, combined with appropriate Type III landscaping,
provides effective visual screening from adjacent streets.
Extended -stay hotel/mote[
Allowed if the following are provided: a full-service restaurant and a
Class A liquor license, 24-hour staffed reception, all rooms accessed
off interior hallways or lobby, and a minimum 90 rooms
Automotive sales must have an enclosed showroom with no outdoor
storage of vehicles. Pre-existing legally established uses in the RC
zone in the TIB study area on the effective date of the ordinance are
exempt from the enclosed showroom requirement, provided the use is
limited to the existing parcel(s) currently occupied on the date of the
ordinance. Pre-existing legally established automotive sales where
existing parking lots abut the public frontage must provide effective
visual screening of the parking lot from sidewalks (or street if no
sidewalk currently exists) using Type II landscaping when any of the
following occurs: a proposed expansion or structural alteration, a
change of ownership, or when the business is vacated or abandoned
for more than 24 months and a new business is proposed.
34. Outdoor storage of vehicles, tires, or other materials used for
service is not permitted.
Gas stations are permitted if the pumps and parking are located behind
the building and the pumps meet the setback requirements and comply
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Land Use Category
Retail sales, e.g. health/beauty
aids/prescription drugs/
food/hardware/notions/crafts/supplies/house
wares/electronics/
Financial, banking, mortgage, other services
Commercial Parking (Commercial parking is
a use of land or structure for the parking of
motor vehicles as a commercial enterprise for
which hourly, daily, or weekly fees are
charged (TMC 18.06.613)
Extended -stay hotel/motel
Hotels
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Automobile, recreational vehicles or travel
trailer or used car sales lots2
Automotive services, gas (outside pumps
allowed), washing, body and engine repair
shops (enclosed within a building), and
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In favor: 2
Opposed:1
Abstained: 1
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of vehicular traffic. The recommended modifications would continue to allow
new automotive services in both zones, provided there is no outdoor storage
of vehicles, tires, or other materials used for service. New Gas stations would
be permitted if the pumps and parking are located behind the building, and
Queuing lanes for cars are not located between the buildings and back of
sidewalks. Existing uses would not be able to expand or intensify without
complying with the regulations.
The recommended amendments allow most of these uses and regulate the
physical aspects of building form and site design to create a high quality,
superior walking experience. For example, car rental business with a large
parking lot for vehicles doesn't create a desirable area to walk past — but
requiring car rentals to put a sample of their vehicles in a well-designed
enclosed showroom with a transparent shopfront does.
The City's current zoning has two different categories for restaurants.
Restaurants without a drive-thru facility are currently permitted in the NCC
zone. Restaurants with drive throughs are currently permitted in the RC
zone. Staff continues to recommend not allowing the expansion of drive-
through facilities into the NCC zone. This option would regulate the location
of the drive-thru facility and queuing to behind the building in the RC zone in
order to minimize conflicts between pedestrians and vehicles.
Pawnbrokers will remain a Conditional use in the RC zone and payday
lenders will not be a specified use in Table 18-6 unless amendments are
recommended by the City Council.
with building and Fire codes. Queuing lanes are not permitted between
buildings and back of sidewalk. Wholesale distribution and storage of
fuel (e.g. natural gas, propane, gasoline) are not permitted in the TIB
study area. Pre-existing legally established automotive service uses
with outdoor storage or parking abutting the public frontage must
provide effective visual screening of the parking and outdoor stored
materials from sidewalks (or street if no sidewalk currently exists) using
Type II landscaping when any of the following occurs: a proposed
expansion or structural alteration, a change of ownership, or when the
business is vacated or abandoned for more than 24 months and a new
business is proposed.
37. Automotive rentals must have an enclosed showroom with no
outdoor storage of vehicles. Pre-existing legally established uses in
the RC zone in the TIB study area on the effective date of the
ordinance are exempt from the enclosed showroom requirement,
provided the use is limited to the existing parcel(s) currently occupied
on the date of the ordinance.
36. Drive-through facilities are permitted when located behind a
building. Queuing lanes are not permitted between buildings and
public frontage sidewalks. Where the use is located on a corner or with
access to an alley, drive-throughs must exit to a side street or an alley
that connects to a side street, where feasible.
There was a suggestion from the Planning Commission during the
public hearing to prohibit pawnbrokers and payday lenders in the RC
zone as they do not add value to the neighborhood. Pawnbrokers are
currently a Conditional use (C) in RC and payday lender is not called
out as a specific use in Table 18-6. Neither use is listed as a prohibited
use in the moratorium. Pawnbrokers are permitted elsewhere in the
City.
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alternate fueling station (not wholesale
distribution facilities).
Rental of vehicles not requiring a commercial
driver's license
Restaurants including drive through, sit down,
cocktail lounges in conjunction with a
restaurant
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INFORMATIONAL MEMO
Page 5
A. Ordinance 2631 — Moratorium
B. Planning Commission Minutes: April - Nov 2020
C. Public Comments & Planning Commission Comments (April - Oct)
D. Figure 18-60 — Map of TIB Study Area
E. Draft Ordinance Amending the Zoning Code TMC Table 18-6
https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Code Updates/TIB District Interim LU Revisions/CC Meetings/L20-
0015 COW info memo.docx
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City of Tukwila
Washington
Ordinance No. 2 63
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A SIX-MONTH MORATORIUM WITHIN
THE TUKWILA INTERNATIONAL BOULEVARD STUDY AREA IN THE
CITY OF TUKWILA ON THE DEVELOPMENT OF CERTAIN USES
SUCH AS HOTELS, MOTELS, EXTENDED -STAY FACILITIES, OR
AUTO -ORIENTED USES; SETTING A DATE FOR A PUBLIC
HEARING ON THE MORATORIUM RENEWAL; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has adopted a Comprehensive Plan in compliance
with the Growth Management Act; and
WHEREAS, the City of Tukwila is currently updating its Zoning Code to comply with
its adopted Comprehensive Plan; and
WHEREAS, the Tukwila International Boulevard Study Area ("TIB Study Area"),
shown on Exhibit A, is generally bounded by 42nd Avenue South on the east; South 160th
Street on the south; International Boulevard and Military Road on the west, and South
133d Street to the north; and
WHEREAS the TIB Study Area consists of mixed zoning that includes commercial
and residential zones with a stepped edge that follows the boundary of the multi -family
zoning districts up to the Mixed Use Office District at approximately South 133rd Street;
and
WHEREAS, within the TIB Study Area's existing Neighborhood Commercial Center
(NCC) and Regional Commercial (RC) zoning districts there are certain uses that in the
future may not be allowed or may be allowed with conditions: and
WHEREAS, the owners and operators of three crime -infested motels pleaded guilty
to conspiracy to maintain drug involved premises, and when the three motels and an
adjacent motel within the TIB Study Area were closed, the violent crime rate in the Study
Area was cut nearly in half; and
W: Legislative Development\Moratorium renewed in TIB study area 5-13-20
LM:bjs Review and analysis by Barbara Saxton
Page 1 of 6
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WHEREAS, the City of Tukwila finds that hotels, motels, and extended -stay hotels and
motels (hereafter, collectively referred to as "extended -stay facilities") in the TIB Study
Area generate higher than typical rates of crime; and
WHEREAS, the City of Tukwila spent millions of dollars acquiring the three
government surplus motel properties and purchasing an adjacent fourth motel site and
razed the buildings to better serve the public health and safety in the TIB Study Area; and
WHEREAS, the Comprehensive Plan goals and policies for the TIB Study Area are to
create a pedestrian oriented, walkable destination, and auto -oriented services, uses and
developments are not in keeping with those goals and policies; and
WHEREAS, the City of Tukwila is in the process of updating its land use regulations
to comply with the goals and policies of its adopted Comprehensive Plan for the TIB Study
Area and has budgeted for a Work Program, shown on Exhibit B, to address the changes
that will bring consistency between the City's Comprehensive Plan and Zoning Code; and
WHEREAS, the City desires to ensure the public has many opportunities to provide
input on this matter; and
WHEREAS, the City of Tukwila conducted a three-day workshop in February 2017 on
the future improvements and land use regulations for the TIB Study Area and preliminarily
determined hotels; motels; extended -stay facilities; and auto -oriented commercial uses,
including, but not limited to, gas stations, car washes, vehicular repair or services,
vehicular sales or rentals, vehicular storage, commercial parking, and drive- throughs,
should be regulated differently than currently regulated; and
WHEREAS, on July 17, 2017, the Tukwila City Council adopted Ordinance No. 2543,
which declared an emergency necessitating the immediate imposition of a six- month
moratorium prohibiting within the TIB Study Area's NCC and RC zoning districts the
development, expansion, intensification or establishment of any new hotel, motel,
extended -stay facility, and auto -oriented commercial uses including, but not limited to,
gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular
storage, commercial parking, and drive-throughs; and
WHEREAS, on September 5, 2017, the Tukwila City Council conducted a public
hearing, heard testimony regarding the City's moratorium, and declared findings; and
WHEREAS, Ordinance No. 2543 was set to expire on January 16, 2018, and the
neighborhood input and planning process was not yet completed; and
WHEREAS, on January 8, 2018, the Tukwila City Council held a public hearing on an
ordinance renewing the six-month moratorium on certain types of new or expanded land
uses and on January 16, 2018 adopted Ordinance No. 2565; and
W: Legislative Development\Moratorium renewed in TIB study area 5-13-20
LM:bjs Review and analysis by Barbara Saxton
12
Page 2 of 6
WHEREAS, Ordinance No. 2565 was set to expire on July 15, 2018; however, due
to the significant level of the proposed rechannelization and zoning work needed, the
code amendments were not yet completed; and
WHEREAS, on June 25, 2018, the Tukwila City Council held a public hearing on an
ordinance renewing the six-month moratorium on certain types of new or expanded land
uses and on July 2, 2018 adopted Ordinance No. 2579; and
WHEREAS, Ordinance No. 2579 was set to expire on January 10, 2019; however,
additional analysis and review of the rechannelization options were needed; and
WHEREAS, on November 26, 2018, the Tukwila City Council held a public hearing
on an ordinance renewing the six-month moratorium on certain types of new or
expanded land uses, and added a clarification regarding the ability for businesses to
continue renewing their business licenses, and on December 3, 2018 the Council
adopted Ordinance No. 2595; and
WHEREAS, Ordinance No. 2595 was set to expire on July 9, 2019; however, the
City still needed additional work on the TIB rechannelization and mitigation options as
well as revisions to the Zoning Code and the proposed TIB Design Manual; and
WHEREAS, on May 28, 2019, the Tukwila City Council held a public hearing on an
ordinance renewing the six-month moratorium on certain types of new or expanded land
uses and on June 3, 2019 adopted Ordinance No. 2606; and
WHEREAS, Ordinance No. 2606 was set to expire on January 9, 2020; however,
additional review of the final TIB rechannelization evaluation report and the associated
zoning code amendments was needed; and
WHEREAS, on November 25, 2019, the Tukwila City Council held a public hearing
on an ordinance renewing the six-month moratorium on certain types of new or expanded
land uses in the TIB Study Area, and on December 2, 2019 adopted Ordinance No. 2620,
renewing the six-month moratorium on certain types of new or expanded land uses in the
TIB Study Area; and
WHEREAS, on March 2, 2020, the Planning and Economic Development
Committee recommended the Planning Commission consider zoning code
amendments that would eliminate the need to renew the moratorium; and
WHEREAS, due to the COVID-19 pandemic, Governor Inslee issued several
proclamations, including Proclamation 20-25, "Stay Home — Stay Healthy," on March
23, 2020, which prohibited in-person public gatherings; and
WHEREAS, because adoption of the zoning code amendments prior to the
moratorium's expiration was deemed an essential action during the COVID-19
pandemic restrictions, the Planning Commission held a virtual public hearing on April
23, 2020, to consider zoning code amendments for the TIB Study Area, and decided to
continue the hearing to a future date so that additional notification of the proposed code
amendments could be published and to ensure the public could meaningfully
participate; and
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13
WHEREAS, on April 27, 2020, the Tukwila City Council discussed concerns regarding
public accessibility and participation related to the restrictions on public gatherings during
the COVID-19 pandemic; and
WHEREAS, Ordinance No. 2620 is set to expire on July 9, 2020, and the Tukwila
City Council desires to renew the TIB Study Area moratorium for another six months in
order to provide for the time needed for the COVID-19 pandemic -related restrictions to
be eased so the public can meaningfully participate in the TIB Study Area zoning code
amendment process; and
WHEREAS, a public hearing regarding this proposed ordinance was held on June 22,
2020; and
WHEREAS, the City desires to preserve the status quo for the protection of the
health, safety and welfare of City residents, as it relates to development in Tukwila, until
these matters are more fully considered;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings. The recitals and findings set forth above are hereby adopted
as the City Council's findings in support of the moratorium renewal imposed by this
ordinance.
Section 2. Moratorium Renewed. Pursuant to the provisions of Article 11,
Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW
36.70A.390, the City of Tukwila hereby renews a moratorium prohibiting within the NCC
and RC zoning districts of the Tukwila International Boulevard ("TIB") Study Area in the
City of Tukwila the development, expansion, intensification or establishment of any new
hotel; motel; extended -stay facility; or auto -oriented commercial uses including, but not
limited to, gas stations, car washes, vehicular repair or services, vehicular sales or
rentals, vehicular storage, commercial parking, and drive-throughs. No land use
approval, building permit, construction permit, or other development permit or approval
shall be issued for any of the uses listed above while this moratorium is in effect. Nothing
in this moratorium shall prevent an existing business from renewing their business
license. Any land use approval, development permits or other permits for any of these
operations that are issued as a result of error or by use of vague or deceptive
descriptions during the moratorium are null and void and without legal force or effect.
Section 3. Definitions. As used in this ordinance, the following terms have the
meanings set forth below:
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14
Page 4 of 6
A. "Hotel" means a building or buildings or portion thereof, the units of which are
used, rented, or hired out as sleeping accommodations only for the purposes of
transitory housing. Hotel rooms shall have their own private toilet facilities and may or
may not have their own kitchen facilities. Hotels shall not include dwelling units for
permanent occupancy. A central kitchen, dining room and accessory shops and
services catering to the general public can be provided. No room may be used by the
same person or persons for a period exceeding 30 calendar days per year. Not included
are institutions housing persons under legal restraint or requiring medical attention or
care.
B. "Motel" means a building or buildings or portion thereof, the units of which are
used, rented, or hired out as sleeping accommodations only for the purposes of
transitory housing. A motel includes tourist cabins, tourist court, motor lodge, auto
court, cabin court, motor inn and similar names but does not include accommodations
for travel trailers or recreation vehicles. Motel rooms shall have their own private toilet
facilities and may or may not have their own kitchen facilities. Motels are distinguished
from hotels primarily by reason of providing adjoining parking and direct independent
access to each rental unit. Motels shall not include dwelling units for permanent
occupancy. No room may be used by the same person or persons for a period
exceeding 30 calendar days per year. Not included are institutions housing persons
under legal restraint or requiring medical attention or care.
C. "Extended -stay hotel or motel" means a building or buildings or portion thereof,
the units of which contain independent provisions for living, eating and sanitation
including, but not limited to, a kitchen sink and permanent cooking facilities, a bathroom
and a sleeping area in each unit, and are specifically constructed, kept, used,
maintained, advertised and held out to the public to be a place where temporary
residence is offered for pay to persons for a minimum stay of more than 30 days and a
maximum stay of six months per year. Extended -stay hotels or motels shall not include
dwelling units for permanent occupancy. The specified units for extended -stay must
conform to the required features, building code, and fire code provisions for dwelling
units as set forth in the Tukwila Municipal Code. Nothing in this definition prevents an
extended -stay unit from being used as a hotel or motel unit. Extended -stay hotels or
motels shall be required to meet the hotel/motel parking requirements. Not included
are institutions housing persons under legal restraint or requiring medical attention or
care
D. "Auto -oriented commercial uses" means the use of a site for primarily the
servicing, repair, rental, sales or storage of vehicles, or the servicing of people while in
their vehicles such as restaurant drive-throughs. Typical uses include, but are not limited
to, gas stations; battery, tire, engine body repair shops; vehicular sales or rentals lots;
and commercial parking.
Section 4. Effective Period for Moratorium Renewal. The moratorium renewed
herein shall be in effect for a period of six (6) months from the effective date specified
within this ordinance and shall automatically expire at the conclusion of that six (6) -
month period unless the same is extended as provided in RCW 35A.63.220 and RCW
36.70A.390, or unless terminated sooner by the City Council.
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Page 5 of 6
15
Section 5. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390,
and following adequate public notice, a public hearing was held on June 22, 2020, to
take public testimony regarding the City's moratorium.
Section 6. Work Program. The Director of Community Development is hereby
authorized and directed to address issues related to appropriate zoning regulations within
the TIB Study Area of hotels, motels, extended -stay facilities, and auto -oriented
commercial uses in the Tukwila Municipal Code, including that work which is outlined in
Exhibit B which is attached and incorporated herein by this reference.
Section 7. 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 8. 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 of constitutionality of the
remaining portion of this ordinance or its application to any other person or situation.
Section 9. 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 July 9, 2020.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 6+4- day of
ATTEST/AUTHENTICATED:
C3 -h t.idfij 616,1la6re tf y
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
c 9a
Office of the City Attorney
vtj,
, 2020.
Allan Ekberg, Mayor
Filed with the City Clerk: I" 2g
Passed by the City Council: 1-6-2.9
Published: 1 -9- 215
Effective Date: - ?`1 2
Ordinance Number: 2631
Exhibit A —Map of Tukwila International Boulevard (TIB) Study Area
Exhibit B —Tukwila International Boulevard (TIB) Neighborhood Plan Work Program (as of May 12, 2020)
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16
Page 6 of 6
Exhibit A
Tukwila International Boulevard (TIB) study area
Zoning Square Foot Acres Area Acres
HDR 2,897,544 67
3,706,035 j _ 85
1,072,033 25
NCC 1,401,361
RC 3,070,421
12,097,394
0 0.075 0.15 iQ_3
�� hal QS
' t
17
Exhibit B
Tukwila International Boulevard (TIB) Neighborhood Plan Work
Program
(As of May 12, 2020 — dates may change due to Coronavirus impacts)
Work program — 2020
1st Quarter
• Planning and Economic Development (PED) Committee forwards zoning code changes
prohibiting auto -oriented and hotel/motel uses to the Planning Commission for review and
public hearing
• PED 1St meeting to consider final TIB rechannelization evaluation report
2nd Quarter
• Transportation and Infrastructure Committee (TIC) meeting to consider final TIB
rechannelization evaluation report
• Planning Commission (PC) held a virtual public hearing on zoning code changes restricting
auto -oriented and hotel/motel uses on April 23rd, 2020. PC hearing was continued.
• City Council directs staff to postpone May PC hearing and instead move forward with renewing
the moratorium before it expires in July and schedule the PC hearing on interim zoning code
changes when in-person hearing is possible.
• City Council adopts an ordinance renewing the TIB moratorium.
3rd/4tn Quarter (may shift due to coronavirus impacts on City operations and schedules)
Interim Zoning Code Changes pertaining to auto -oriented and hotel/motel uses:
• Planning Commission continues public hearing on zoning code changes restricting auto -
oriented and hotel/motel uses and forwards to PED.
• PED considers Planning Commission recommendations re: zoning code revisions
restricting auto -oriented and hotel/motel uses and forwards to COW
• Council hearing and decision on zoning code changes restricting auto -oriented and
hotel/motel uses
Comprehensive Set of Zoning Code Changes and TIB Rechannelization:
• Council conducts public outreach and selects preliminary TIB rechannelization alternative
• Staff finalizes draft comprehensive set of TIB zoning code revisions (incorporating
rechannelization alternative) and Design Manual guidelines for public review
• Outreach to TIB area property owners, residents, businesses and development community
regarding TIB zoning code revisions & design manual
• Prepare Draft Environmental Checklist (SEPA)
• Issue SEPA Determination
• Possible City Council/Planning Commission joint work sessions on comprehensive set of
TIB zoning code revisions and design manual guidelines.
• Planning Commission and City Council public hearings, deliberation, and decision on TIB
zoning code revisions and design manual.
18
Products:
• Comprehensive Plan Map Amendment
• Zoning Code and Map Amendments
• TIB Design Manual
• Environmental Checklist and Determination
Work completed
2017
• CNU Legacy Workshop in Tukwila — February
• CNU Final Report Presentation to City Council Meeting - May
• Refined household and employment Yr. 2031 forecasts for TIB neighborhood for traffic
analysis on the street modification
• Selected a consultant for the SEPA analysis of the proposed TIB Plan
• Contracted for additional transportation professional services on design standards for TIB
neighborhood street standards
• Reviewed draft Land Use Chart and Zoning Map amendments with Planning Commission -
August 24, 2017
• Council adopted a moratorium on certain uses in the TIB study area in September
• Briefed TIBAC on above draft amendments — October 10, 2017
• Briefed Transportation and Infrastructure Committee (11/14/17) on traffic analysis and
associated capital improvement costs and obtained direction for additional analysis
• Reviewed consultant's draft street circulation improvements
• Contracted for an update to the Tukwila International Boulevard Design Manual
2018
• Contracted for additional engineering services analyzing TIB on -street parking impacts and
cost
• Began creation and modification of alternative Zoning District boundaries and zoning
standards based upon Planning Commission land use discussion, street designations and
designs
• Drafted new street cross-sections for TIB streets and a new circulation network based on CNU
engineering consultant recommendations and anticipated land uses
• Council extended moratorium on certain uses in the TIB study area in July and December.
• Updated Council on current direction and schedule for implementing TIB zoning changes and
possible TIB on -street parking options. Recommended further analysis of TIB on -street parking
options.
• Consultants delivered draft TIB zoning code revisions and draft of updated TIB Design Manual
to staff
• Circulated draft Zoning revisions for internal review
2019
• Contracted for additional TIB rechannelization and mitigation options.
• Worked on revisions to the TIB Design Manual
• Council renewed moratorium on certain uses in the TIB study area in May and December.
• Planning Commission and City Council Field Trip to view on -street parking options.
19
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2631.
On July 6, 2020 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 2631: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, RENEWINGA SIX-MONTH MORATORIUM
WITHIN THE TUKWILA INTERNATIONAL BOULEVARD STUDY AREA IN
THE CITY OF TUKWILA ON THE DEVELOPMENTOF CERTAIN USES
SUCH AS HOTELS, MOTELS, EXTENDED -STAY FACILITIES, OR AUTO -
ORIENTED USES; SETTING A DATE FOR A PUBLIC HEARING ON THE
MORATORIUM RENEWAL; 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: July9, 2020
20
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
CITY OF TUKWILA
PLANNING COMMISSION PUBLIC HEARING
MINUTES
Date: April 23, 2020
Time: 6:30 PM
Location: Virtual meeting via Microsoft Teams
Present: Chair Heidi Watters; Vice Chair Louise Strander; Commissioners Dennis Martinez,
Sharon Mann, Karen Simmons, Dixie Stark, and Andrea Reay
Staff: Department of Community Development (DCD) Deputy Director Minnie Dhaliwal,
Planning Supervisor Lynn Miranda and Planning Commission Secretary Wynetta
Bivens
Protocol: Minnie Dhaliwal explained the protocol for the virtual meeting. She also introduced
the Planning Commissioners.
Agenda Planning Commission (PC) will make a recommendation and forward it to the City.
Item: City Council (CC) will hold another hearing on the proposal. The public will be
notified when this item goes to the CC for a public hearing and will have a second
opportunity for comment.
Adopt Commissioner Mann moved to adopt the February 27, 2020 minutes.
Minutes: Commissioner Simmons seconded the motion. Motion passed.
Chair Watters opened the public hearing for:
CASE NUMBER: L20-0015
PURPOSE: Consider zoning code amendments restricting or prohibiting certain auto -oriented
and lodging uses currently prohibited by Ordinance 2620, to implement the
Tukwila International Boulevard (TIB) element of the Comprehensive Plan.
LOCATION: Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zones in
the TIB study area
Lynn Miranda, Planning Supervisor, DCD, gave the presentation for staff. She said the intent of the
public hearing is to consider amendments to Table 18-6, Land Uses allowed by district. This will ensure
that future development in the TIB area is consistent with and supports the form and type of uses that
create a walkable TIB District.
She stated that public notification for the public hearing was published in the Seattle Times, and 387
businesses and interested parties were emailed. Information was included in the notice on how to
submit public comments in writing or verbally during the meeting, and how to access the virtual
meeting.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
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She provided background and gave an overview on the TIB planning process. Since the 1990
annexation of the area, revitalization has been a high priority for the City. In 2015, the City updated
the Comprehensive Plan goals and policies for the TIB area to make it more walkable and transform
TIB from a regional serving road to a "Main Street" serving the neighborhood. In 2017, the City,
along with the Congress for New Urbanism (CNU), held a workshop to brainstorm how to
implement the new vision for TIB. CNU made two recommendations: First, add on -street parking
and bike lanes on TIB. Second, update the zoning code because the current code allows for the types
of uses and development standards that do not fully support or incentivize the type and form of
development that creates a walkable main street.
Also, in 2017 the CC adopted a six-month moratorium on auto -oriented commercial and lodging uses
in the TIB study area that do not support the vision. The Council has been renewing the moratorium
for the past two and one-half years. It prohibited new uses or the expansion of existing uses that do
not support walkability and prevented the investment in uses that may not be allowed in the future. It
also allowed staff time to establish new standards and TIB rechannelization designs and allowed time
for public review and comment. The current moratorium will expire in July 2020. Therefore, it was
necessary to have tonight's public hearing in order to stay on track before the moratorium expires.
The zoning code amendments would replace the moratorium. Uses in the Neighborhood Commercial
Center (NCC) and the Regional Commercial (RC) zoning districts located within the TIB study area
would be affected by the amendment.
Staff's Recommendations
There are two options proposed for amending Table 18-6 in the zoning code. Option 1 would
prohibit outright certain auto -oriented and lodging uses, which is consistent with the moratorium.
Staff recommended Option 2, which modifies uses based on draft zoning code changes
recommended by CNU to implement the vision. Under Option 1, most existing related uses would
become a legal non -conforming use. Under Option 2, most existing related uses would remain a legal
use with a potentially non -conforming structure. There are not any changes being proposed to
allowable densities, heights, parking standards or other development standards affecting building size
or lot design.
Staff noted that if the moratorium is not renewed and the proposed zoning code amendments are not
adopted, redevelopment could occur that does not support the vision. Future uses and development
would continue to be the type of auto -oriented, regional development that currently exists.
Staff noted they drafted and added Options 3 and 4 for recommendation for some of the land uses
based on additional public comments.
Ms. Miranda answered clarifying questions for the Commission.
Commissioner Stark asked what would happen if the public hearing was continued to a later date.
Staff said a meeting would need to be held in May to complete the zoning code adoption process
prior to the moratorium expiration date of July 9, 2020.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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Commissioner Reay inquired whether public outreach was sent out in different languages. Staff
stated it was not. She also inquired as to the timeframe for completion of the design guidelines. Staff
stated it was uncertain as it needed to follow Council's decision on adding on -street parking to TIB.
Prior to the coronavirus, it was anticipated to occur before the end of the year.
Chair Watters inquired as to why the PC were asked to review this item for recommendation to the
CC now. Staff said a moratorium may not be renewed indefinitely. Progress must be shown. Further,
CC members were not interested in renewing the moratorium, so it is time to move forward and get
the zoning code adopted. Chair Watters then asked how the transit -oriented development is affected
by the decision being made and additionally the walkability. Staff stated they are not being proposed
at this time.
Written Public Testimony
Lynn Miranda read the written public comments received prior to 5 PM, 4/23/2020, from the
following individuals:
- Georgina Kerr, Citizen, - Expressed support as recommended by staff.
John McCullough, McCullough Hill Leary, ps.
Expressed concerns with the impacts the proposed zoning changes would have on the
Sterling Realty Organization (SRO) property and a potential future transit -oriented
development in the RC district, and submitted two options to modify staff's proposals.
- Rune Harkestad, McCullough Hill Leary, ps.
He is considering purchasing a property north of the TIB Light Rail Station and expressed a
desire for the City to move forward with zoning amendments that would allow transit -
oriented development (TOD).
- Traci Granbois, property owner
Submitted two emails raising concerns regarding the necessity and timing of the public
hearing and requested reconsideration to the proposed zoning changes in the RC district.
Minnie Dhaliwal, Deputy Director, facilitated virtual public testimony.
Virtual Public Testimony
Whit Hamlin, property owner, SRO, located east of the Rental Car Center said they have been
working with DCD for a year on a potential TOD on their property. He shared what their
organization has been working on in the interim. He said they are requesting modifications to the
proposed zoning code language.
Adul Yusef, General Manager for Eastside for Hire, said COVID-19 has changed a lot of things and
he wanted to emphasize that with the restrictions of the zoning changes, businesses may not make it
after COVID-19. He said this might be the right time to renew the moratorium for six more months
so discussions between the community and the PC can take place. He also requested the public
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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hearing be cancelled, he said voices are breaking up during the virtual meeting, and they are only
able to comment on two of the zoning code changes as they have not heard about Options 3 and 4.
Traci Granbois, property owner, said her written public comments were read by staff, but she
wanted to emphasize that the public hearing was being held in the middle of a global pandemic. She
questioned how much public comment would be received tonight, and whether it was fair to Tukwila
citizens. She said to the best of her knowledge she has never received a proposal on any of the
changes and learned of them through other property owners. She commented on the duration of the
moratorium and said the CC is warranted to not renew again because it will likely cause a lawsuit.
She said part of the area recommended for rezone is across the street from the rental car facility,
which will always have car usage, and suggested using a scalpel rather than a hatchet. She said there
can be room for growth and new development and transit -oriented development while maintaining
uses that are associated with the biggest uses in that industry.
Jack McCullough, McCullough Hill Leary, said that staff read the written comments that he
submitted. He said SRO had concerns regarding the impacts on their property and its ability to
pursue the TOD vision. He said in order to pursue the TOD they need to be able to maintain a viable
economic use on the property. He said staff presented a new addendum to the staff report, which
includes an Option 3 that addresses some of the issues they raised. He said that SRO endorses staff's
recommendation for Option 3.
Harman Bual spoke on behalf of Dr. Sidhu who is considering building a hotel in the area. She
asked if there would be legislation in the future that would allow modifications to the current height
restriction so business owners would be allowed to construct a hotel in the area without requiring 100
rooms, a restaurant and a 24-hour reception if approved. She asked if amended later what would be
the steps taken to modify the height restrictions and requirements. Staff said the PC will be
considering development standards in the future, and height restrictions will be part of the
consideration at that time.
Sunny Raj, property owner, said he is planning to construct a franchise hotel, and inquired on
whether there are any other standards besides requiring a 100 rooms, a restaurant and a 24-hour
reception that would apply to constructing a hotel in the future. Staff said development standards
will be revised in the future.
There were no additional public comments.
Chair Watters gave the Commissioners the opportunity to ask clarifying questions.
Commissioner Stark asked Commissioner Watters if the PC would have an opportunity to keep the
public hearing open.
Commissioner Reay said she was dropped from the virtual meeting and missed some of the public
comments, and asked Mr. Hamlin to reiterate his comments. Mr. McCullough spoke on behalf of
Mr. Hamlin, he said they were in constant communication with staff and they received an addendum
to the staff report that he presumed the PC also received. He said SRO was supporting Option 3.
Ms. Reay also called attention to Mr. Yusef noting in the Microsoft Teams chat bar that he never
received the notice.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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Ms. Miranda noted that she emailed the public notice to Mr. Yusef prior to the public hearing.
Chair Watters asked staff to clarify how to proceed since the addendum including Options 3 and 4
was not seen by everyone prior to the public hearing.
Staff suggested leaving the public hearing open until after staff walked through the 10 proposed land
use changes and explained the options for each one. The PC deliberated and the public were given an
opportunity to comment.
Ms. Miranda gave an overview of the following land use modifications:
1. Automobile, recreational vehicles or travel trailer or used car sales lots (no dismantling of cars or
travel trailers or sale of used parts). Staff s recommendation in the PC packet was Option 2, but
after receiving additional public comments they developed and recommended Option 4 as listed
in the PC packet addendum (exempts all uses on properties of south SR518 from an enclosed
showroom).
2. Rental of vehicles not requiring a commercial driver's license. Staff's recommendation in the PC
packet was Option 2, but after receiving additional public comments they developed and
recommended Option 3 as listed in the PC packet addendum (exempts enclosed showrooms on
parcels larger than nine acres in the RC zone, such as the SRO property).
3. Automotive services, gas (outside pumps allowed), washing, body and engine repair shops
(enclosed within a building), and alternate fueling station (not wholesale distribution facilities).
Staff's recommendation in the PC packet was Option 2, but after receiving additional public
comments they developed and recommended Option 3 as listed in the PC packet addendum
(allows outdoor storage of vehicles on parcels larger than nine acres in the RC zone south of
SR518).
4. Commercial parking (a use of land or structure for the parking of motor vehicles as a commercial
enterprise for which hourly, daily, or weekly fees are charged) (TMC 18.06.613). Staff
recommended Option 2 as listed in the PC packet.
5. Extended -stay hotel/motel - Staff recommended Option 2 as listed in the PC packet.
Commissioner Mann said she is uncomfortable with this change without more clarification on
what qualifies as a restaurant.
6. Hotels - Staff recommended Option 2 as listed in the PC packet.
7. Motels - Staff recommended either Option 1 or 2 as listed in the PC packet.
8. Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant.
Staff recommended Option 2 as listed in the PC packet.
9. Retail sales, e.g. health/beauty aids/prescription drugs/food/hardware/notions/
crafts/supplies/housewares/electronics/photo-equip/film processing/ books/magazines/stationery/
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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clothing/shoes/flowers/plants/pets/j ewelry/gifts/rec. equipment/sporting goods, and similar items.
Staff recommended Option 2 as listed in the PC packet.
10. Financial, banking, mortgage, other services. Staff recommended Option 2 as listed in the PC
packet.
Ms. Dhaliwal called names of the public that previously testified to allow them the opportunity to
comment on new information.
Traci Granbois asked how someone would have known about Options 3 and 4 if they were not with
SRO. She said the website only listed Options 1 and 2. She also asked if CC had reviewed Options 3
and 4.
Staff said Options 3 and 4 were exhibits added after receiving written public comments. This is
typical procedure so that the PC is then able to address them during the public hearing process. The
City Attorney will review all amendments prior to the ordinance.
Ricardo Frazer asked what will happen to the non -conforming hotel on the site, which Ms. Miranda
addressed.
Abdul Yusef said there is a big disconnect, he said he heard about the public hearing two hours prior
to it starting, and he reached out to minority businesses in his neighborhood who had not heard about
the public hearing. He said they never received the notice and had no idea about the changes. He
stated he is concerned that huge changes are being made to their businesses and they need time to
communicate and gave their comments, he would like time to be given to the business owners.
There were no additional public comments.
Chair Watters closed the public hearing, then reopened the public hearing.
The Commissioners were in consensus that the public hearing be continued to May 28th and
understand there may need to be another virtual meeting. In addition to placing a notice in the Seattle
Times and emailing businesses and interested parties, staff will provide post card notification to
business owners, although businesses are closed.
Commissioner Simmons asked Mr. Yusef for the name of his business, as well as the name of the
other businesses that would be impacted by the changes. Mr. Yusef said the name of his business is
Eastside for Hire and noted three other auto -related businesses in the area.
Commissioner Strander said the addendum received prior to the public hearing was not published
in the packet and so the public hearing should be continued so the public has a chance to respond.
She asked for staff's response on the email regarding holding a virtual meeting. Staff said the City
Attorney confirmed a virtual meeting is in compliance with the Governor's order.
Commissioner Mann said considering that people are saying they did not receive notice and four
businesses are being impacted by a major decision, she thinks the meeting should be continued.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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PC Public Hearing
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Page 7
Commissioner Martinez said Mr. Yusef and staff are correct regarding the importance and impact
of this meeting. He said there are language barriers and that the information needs to be conveyed to
the community/businesses. He requested an email from the City Attorney indicating it is proper to
hold the virtual meeting. He said the public hearing should be left open so the public may provide
comments.
Commissioner Stark expressed concerns about holding this meeting and agreed the meeting needs
to be continued. She requested that staff clean up the packet and reissue, and that proper steps be
taken for the public to attend the hearing. She said given the circumstances she is proposing an
additional meeting(s) in May.
Commissioner Reay had a follow up question for Ms. Granbois, who appeared to have left the call.
She asked staff what the process would be if an in-person public hearing cannot be held in May,
would there be another virtual meeting, and inquired about timeframe. Staff said in order to meet the
deadline that a public hearing must be held in May. Commissioner Reay said she appreciates the
effort that staff made to notify the businesses, but part of the outreach issue was compounded by
some businesses being closed. She did not have any questions for staff regarding the
recommendations. She thinks the public hearing should remain open because of the situation and for
equity, with the understanding there would have to be another virtual meeting.
Commissioner Simmons suggested leaving the public hearing open because of the impacts already
seen on small business and COVID-19. She noted that over communication may be necessary
because there was such a large issue in the past where people did not feel like they were included in
the public process.
Commissioner Watters said this is an important issue and it is impactful on the community. Further,
the moratorium has been extended for a long time. She said it makes sense to continue the hearing
because of challenges with language barriers and businesses being closed. She said she appreciates
staff's efforts and requested that staff elaborate on outreach efforts and asked to hear more about
targeted outreach considering the COVID-19 situation. She hopes to hold the continuation in May
and mentioned that receiving addendums at the last minute is part of the public hearing processes.
Although it does make it hard sometimes, she said they do review options with a scalpel instead of a
hatchet, and it does require two meetings on occasion.
Commissioner Strander asked for clarifying questions on land use items 4 and 8.
Commissioner Mann asked clarifying questions and provided comments for staff on items 5, and 6.
She was interested in a full-service hotel and suggested further definition as to what qualifies as a
restaurant. She expressed interest in allowing drive-through food establishments in the NCC zone,
such as a coffee shop for item 8.
Commissioner Martinez expressed concern with the recommendation in item 2 for Option 3 and
would like for the City Attorney to review that as well as item 3.
Commissioner Simmons said several of her issues were addressed but expressed concern with the
new drive-through restaurants being eliminated. She said to keep in mind it is important that TIB
service everyone in Tukwila and that some people rely on cars.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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PC Public Hearing
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Page 8
Commissioner Stark inquired whether there is any economic development study or plan other than
the CNU study? She also said she agrees with Commissioner Simmons regarding the drive-through.
Commissioner Reay commented that TOD is amazing for economic development and very
important pre-COVID-19 and said it will be necessary to be nimble and flexible with economic
development because things are going to change. She also inquired whether on -street parking will be
possible.
Commissioner Watters reiterated the need for extra notification and to find some key help for
outreach. She said she was glad Option 4 was added. She inquired whether the recommendation for
item 2 should be another Option 4. She expressed concern with the six-month timeframe for non-
conforming uses and recommended extending it due to COVID-19. She also suggested staff provide
more history on the CNU workshop.
Director's Report
Staff provided status on the Bellwether trees.
Action Item - Commissioner Martinez requested that staff send the plans they approved as
part of the design review to the Commissioners.
Staff provided status on how staff is working remotely and maintaining a virtual permit
center.
Staff provided information about Sound Transit's I-405 BRT project.
Adjourned - 9:45pm
Submitted by: Wynetta Bivens
Planning Commission Secretary
Adopted: 7/23/20
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
28
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
CITY OF TUKWILA
PLANNING COMMISSION (PC) PUBLIC HEARING
MINUTES
Date: October 22, 2020
Time: 6:30 PM
Location: Virtual meeting via Microsoft Teams
Present: Vice Chair Louise Strander; Commissioners Dennis Martinez, Sharon Maim,
Karen Simmons, Dixie Stark, and Andrea Reay
Absent: Chair Heidi Watters
Staff: Department of Community Development (DCD) Deputy Director Minnie
Dhaliwal, Planning Supervisor Lynn Miranda and Planning Commission
Secretary Wynetta Bivens
Protocol: Minnie Dhaliwal explained the protocol for the virtual meeting. She also went
over the purpose of the continuation.
Agenda: Continuance of the April 23, 2020 Public Hearing on Zoning Code Amendments.
Adopt Commissioner Mann disclosed that she received an email from Greg
Minutes: and Vanessa Zaputil regarding corrections to two of the three motions in the
9/24/20 minutes. Commissioner Mann moved that the recorded minutes be
reviewed, and the minutes be adopted at the next meeting. Commissioner Stark
abstained due to absence on 9/24/20. Commissioner Martinez seconded the
motion. Motion passed.
Upon review of the recording, the two motions were revised to verbatim motions.
Vice -Chair Strander opened the public hearing for:
CASE NUMBER: L20-0015
PURPOSE: Consider zoning code amendments restricting or prohibiting certain auto -
oriented and lodging uses currently prohibited by Ordinance 2620, to
implement the Tukwila International Boulevard (TIB) element of the
Comprehensive Plan.
LOCATION: Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zones
in the TIB study area
Lynn Miranda, Planning Supervisor, DCD, gave the presentation for staff. She said the intent of
the public hearing is for the PC to continue deliberations on the April 23 public hearing on the
amendments to Table 18-6, Land Uses allowed in the NCC and RC zoning districts in the TIB
study area to replace the need to renew the moratorium on auto -related services and lodging uses.
This will ensure that future development in the TIB area is consistent with and supports a walkable
TIB District as envisioned in the Comprehensive Plan.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
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PC Public Hearing
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Page 2
She said in April there were some concerns about the difficulty regarding providing notice of the
hearing to the public during the pandemic. She said for tonight's virtual hearing and virtual on-
line open house held on October 20th staff put extra effort into notification. The code requires
notification of occupants and property owners within 500 ft. and to publish notice in the
newspaper, which was done. Additionally, 11,300 post cards were mailed to all existing
businesses, residents, and property owners located in the City excluding Southcenter, Tukwila
South and properties located in the Manufacturing Industrial Center (MIC) zone which is mainly
Boeing. Emails were sent with post cards attached to a list of 337 interested parties with a sentence
in five different languages that said, "this information is very important to your community please
ask someone to translate for you." She noted that an earlier incorrect draft of the postcard was put
in the staff report, but she assured the Commission that the correct postcard was mailed out. Staff
also hand delivered notification flyers to all the business in the RC and NCC zoning district in the
TIB study area on Thursday October 15th. She explained the intent of the open house was to
answer questions on the interim proposed changes so that people could be well prepared for
tonight's hearing and the upcoming City Council public hearing. Four people attended the open
house and one person had difficultly joining but staff was able to help her successfully participate
on-line.
She provided a brief overview of items covered in April. She talked about what planning efforts
have been happening in the TIB area to date, the kinds of changes the City has been proposing to
the City's zoning code and why. In 2015, the City Council adopted a 20 -year vision for the area
that called for transforming the TIB from a highway serving regional traffic to more of a walkable
main street with businesses serving the residences located nearby. The long-term vision also called
for new houses and commercial uses at more urban density within walking distance of the TIB
Light Rail Station. In 2017, the City, in partnership with the Congress New Urbanism (CNU),
held a 3 -day community workshop on how to make the vision happen. There were two key actions
recommended to the City Council after the workshop, 1) the rechannalization of TIB to add on -
street parking and bike lanes to slow down traffic and improve safety for all uses and to provide
parking for businesses by their front door, and 2) update the zoning standards code to attract and
support the types of new development that create a walkable main street. In 2017, the Council
adopted a moratorium that prohibited any new auto oriented and lodging uses or expansion of the
existing uses so the type of development wouldn't occur that would conflict with the vision for
TIB safe and walkable main street. Explanation was provided of other intents of the moratorium.
Ordinance 2620 was renewed by Council in July, and the PC recommendations on the interim
zoning code amendments are needed now for the Council to adopt them prior to expiration of the
current moratorium in January 2021.
Staff's Recommendations
A walkthrough was provided of staff's recommended changes to the land use table, which are
listed on page 17 of the October 17, 2020 staff report.
It was noted that no changes are being proposed for the allowable densities, heights, parking
standards or other development standards affecting building size or lot design, which will be
brought to PC and City Council at a later date.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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PC Public Hearing
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Page 3
The PC asked clarifying questions.
Written Public Testimony
Lynn Miranda read the written public comments received prior to 5 PM, on 10/22/20 from the
following individuals:
Jimmy K
- Brian Kennedy
Rune Harkestad
- John McCullough, McCullough Hill Leary, ps., for Sterling Realty Organization (SRO)
Minnie Dhaliwal, Deputy Director, facilitated virtual public testimony.
Virtual Public Testimony
Adul Yusef, General Manager, Eastside for Hire, thanked the Commission for their service and
staff for taking note and doing a good job with outreach for this hearing, and for the continuation
of the April 23rd public hearing. He said in April they were in support of the TIB changes taking
place and even though they were not aware of the moratorium they would have not opposed it.
He said the COVID virus caused a lot of change to their business, and they are 90% down.
Therefore, they rented out their shop for auto repair, and at the time were not aware of the
moratorium. He said he met with David Cline the City Administrator and Jack Pace, and they
tried to help but were unable to because of the moratorium. He said they told him about tonight's
hearing, where he could address the issue. He requested temporary use of their property for auto
repairs for a couple of years, which he said they cannot do under the current code. He asked for
a chance to mitigate the problem while things are coming back from COVID. He asked the
Commission to take that into consideration. He said that the City Administration have shown
them tremendous respect and looked into every possible way that they could accommodate them.
He said nobody could have anticipated that the world would change this much, and that they
would need to use the property for auto repair. He asked the Commission to take note when
making their recommendations to the City Council and to accommodate their needs because the
moratorium was not designed to punish those businesses there but to make the community and
TIB better.
Traci Granbois said she encourages the commission to support the alternative proposal and
allow existing uses of the businesses to continue.
Chris Vandyke, Eastside for Hire, Assistant General Manager, said he wanted to echo Adul
Yusef's comments and underscore that businesses have been entirely turned upside down as of
the Governor's stay at home order on March 13 or 15. He said they have taken a body blow and
they don't know how much time it will take to recover, to put them back in the position where
the long range plans for the company are back in place. He said they are the largest minority
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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PC Public Hearing
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Page 4
owned business on the west coast with about 600 drivers and they are completely shut down. He
said they are scrambling for things to get better and they need time to get back on track. He said
however the Commission decides to go forward they need flexibility in the grandfathering of
existing uses. He said there is a legal dispute issue regarding whether the repair shop has been in
use continually. He said they would like to continue in the use for a limited time period so the
City can continue with its long use plan. And that COVID has upset their plans and makes it
much less possible to not just accommodate the plan for the district improvements but to be a
cooperative part of the plan.
There were no additional public comments.
Vice -Chair Strander gave the Commissioners the opportunity to ask clarifying questions.
PC Questions / Comments
See the attached table for a detailed list of comments, and questions the PC requested that staff
return with answers.
Vice -Chair Strander closed the public hearing.
A meeting was scheduled for November 5th, and at that time staff will provide the Commission
with answers to their questions. Then the PC will deliberate on the amendment proposals before
them.
Director's Report
Adjourned 9:30 pm
Submitted by: Wynetta Bivens
Planning Commission Secretary
Adopted: 11/5/20
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
32
PC Comments
For pre-existing uses, can we require screening of parking lots from public
frontage?
For pre-existing uses, can we require screening of outdoor storage from public
frontage?
Does not want wholesale distribution of fuel facilities in NCC or RC zones
permitted in TIB study area.
Does Fire Dept have concerns about placing gas pumps behind the building, as
required in the proposed footnote?
Does not want stand -along electric car charging stations on in NCC or RC zones in
TIB study area. Should be an accessory use.
Clarify that b. in the footnote applies to surface parking lots.
Why are surface -level commercial parking lots (use of land or structure for the
parking of motor vehicles as a commercial enterprise for which hourly, daily, or
weekly fees are charged) required to be 175' from street? How deep are the
parcels on TIB? Should this required distance be less?
Note: Commissioner Mann is in favor of keeping 175'.
The minimum of 100 rooms requirements seems arbitrary. Consider using the
minimum room requirement used by the Seattle Southside Regional Promotion
Authority Tourism Promotion Area (TPA) in determining application of lodging
charges.
The minimum of 100 rooms requirements seems arbitrary. Consider using the
minimum room requirement used by the Seattle Southside Regional Promotion
Authority Tourism Promotion Area (TPA) in determining application of lodging
charges.
Land Use Item
1.Automobile, recreational vehicles or travel
trailer or used car sales lots (no dismantling
of cars or travel trailers or sale of used parts
allowed).
3. Automotive services
3. Automotive services
3. Automotive services
3. Automotive services
4. Commercial Parking
4. Commercial Parking
5. Extended Stay Hotel/motel
5. Hotel
Planning
Commissioner
c
c
CO
c
c
CO
c
c
CO
Strander
Mann & Martinez
Mann
Martinez
>
CO
>
COcc
CC
33
Wants to allow drive-thru restaurant facilities in NCC
Consider a requirement for drive-thrus to exit on to side street instead of TIB to
decrease opportunities for vehicular and pedestrian conflicts.
Consider a requirement for drive-thrus to exit on to side street instead of TIB to
decrease opportunities for vehicular and pedestrian conflicts.
Consider a requirement for drive-thrus to exit on to side street instead of TIB to
decrease opportunities for vehicular and pedestrian conflicts.
Pawnbrokers and payday lenders do not add value to the neighborhood. Consider
prohibiting these uses in the RC zone.
8. Restaurants including drive through, sit
down, cocktail lounges in conjunction with a
restaurant
8. Restaurants including drive through, sit
down, cocktail lounges in conjunction with a
restaurant
9. Retail sales
10. Financial, banking, mortgage, other
services
10. Financial, banking, mortgage, other
services
to
In
C
0
E
E
in
C
0
E
E
N
C
0
E
E
In
c
0
E
E
34
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
CITY OF TUKWILA
PLANNING COMMISSION (PC) PUBLIC HEARING
MINUTES
Date: November 5, 2020
Time: 6:30 PM
Location: Virtual meeting via Microsoft Teams
Present: Chair Heidi Watters; Vice Chair Louise Strander; Commissioners Dennis Martinez,
Karen Simmons,
Absent: Commissioners Sharon Mann, Dixie Stark and Andrea Reay
Staff: Department of Community Development (DCD) Deputy Director Minnie Dhaliwal,
Planning Supervisor Lynn Miranda and Planning Commission Secretary Wynetta
Bivens
Agenda: Continuance of the October 22, 2020 Public Hearing on Zoning Code Amendments
deliberations.
Adopt: Commissioner Watters moved to adopt the 9/24/20 minutes as amended
Minutes: Commissioner Martinez seconded the motion. Motion passed.
Commissioner Strander moved to adopt the 10-22-20 minutes. Commissioner
Martinez seconded the motion. Commissioner Watters abstained; she did not attend
the meeting. Motion passed.
Chair Watters opened the public hearing for:
CASE NUMBER: L20-0015
PURPOSE: Consider zoning code amendments restricting or prohibiting certain auto -oriented
and lodging uses currently prohibited by Ordinance 2620, to implement the
Tukwila International Boulevard (TIB) element of the Comprehensive Plan.
LOCATION: Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zones in
the TIB study area
Lynn Miranda, Planning Supervisor, DCD, explained the intent of the meeting and noted the
following:
• In addendum #3 of the staff report are staff's responses to the questions, comments and
suggested modifications made at the October 22nd PC public hearing, in Attachment A.
• The latest proposed modifications are included in Attachment B.
• The staff recommendations in the October 22nd packet were revised based on the PC directions
and suggestions. The PC will deliberate on those revisions.
Ms. Miranda gave a brief review on each of the following land uses, amendments and staff's proposed
recommendations, prior to PC deliberations. She also answered clarifying questions for the
Commission.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
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PC Public Hearing
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age 2
DELIBERATIONS:
1. Automobile, recreational vehicles or travel trailer or used car sales lots (no dismantling of cars or
travel trailers or sale of used parts allowed.
Commissioner Strander asked, how the requirement of an enclosed showroom for vehicles would
work if someone wants to test drive a vehicle? And isn't it like a parking lot with a roof? Staff
responded there would be a showroom, and one or two cars outside or stored in a different area for
test driving. Commissioner Strander read language from the moratorium ordinance 2620 and said
based on that language she does not support any of the recommendations, she supports leaving it
like it is.
Commissioner Martinez asked, will pre-existing legal auto businesses be grandfathered in if
ownership changes? He asked if the owner will be allowed to sell? Staff said nothing would change
with the change of ownership, the use is not non -conforming and it can continue if sold.
Commissioner Martinez said he does not feel comfortable with the showroom. He said it would be
an additional financial burden on whoever buys the property; and small business owners will not
be able to compete with high end markets. He said it should stay the same.
Commissioner Simmons asked whether there are currently dealerships on TIB north of SR -518?
She said she is not opposed to the enclosed showroom, and from a visual perspective new lots
would have a cleaner look.
Commissioner Watters said she is in favor of staff's recommendation #5; she feels staff did a
good job striking a good balance between allowing mom and pop shops to continue to operate
and to be able to sell their business. She said it could potentially increase the value of businesses.
And that she appreciated Commissioners Martinez and Simmons comments.
Motion #1:Commissioner Watters made a motion to forward to the City Council Option 5 for
category #lauto sales as noted in the 11/5/20 staff report. Commissioner Simmons
seconded the motion. Commissioners Strander and Martinez opposed.
Commissioners Watters and Simmons were in favor.
2. Rental of vehicles not requiring a commercial driver's license.
Commissioner Strander asked how an enclosed showroom would work with rental vehicles?
Staff responded that people would get transported to a car or it is brought to them. Commissioner
Strander said she does not support any of the options and will vote no.
Commissioner Simmons gave an example of places that do not have the cars on-site but instead
bring them from another location to the counter. She said she likes the language, and she agrees
with the enclosed showroom.
Commissioner Watters said the proposed language strikes a good balance, and it brings value to
the community and the neighborhood, so she is in support.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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PC Public Hearing
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age 3
Commissioner Martinez said he believes the area is over saturated with car rentals businesses.
He expressed concern with the motion for auto sales for small business car sale owners. He said a
walkable community will provide a valuable service to new residents and immigrants. He said he
does not see car rentals as a big deal, and he does not see small businesses wanting to spend
millions of dollars to build a showroom in that area. He said they could have something else
there. Commissioner Simmons said she agrees with Commissioner Martinez regarding small
businesses having access to an alternative auto market, but she thinks they are moving in the right
direction by requiring showrooms.
Motion #2: Commissioner Watters made a motion to forward to the City Council Option 5 for
category #2 -rental vehicles as noted in the 11/5/20 staff report. Commissioner
Simmons seconded the motion. Commissioner Strander opposed. Commissioner
Martinez abstained from voting. Commissioner Watters and Simmons were in favor.
3. Automotive services, gas (outside pumps allowed), washing, body and engine repair
shops(enclosed within a building), and alternative fueling station (not wholesale
distribution facilities) Note: the Fire Marshall approved language added regarding "must
comply with fire code" language in the 11/5 staff report.
Commissioner Strander asked if the TIB is designated a principle arterial, and as a principle
arterial does it need to be a certain size? She said they are being asked to look at zoning codes
based on walkability and a principal arterial means something else. She said she is not
comfortable putting the gas pumps in the back based on walkability. She also asked when is
the rechannelization going to happen? She said she does not support any of the options and
likes it the way it is. Staff responded that the vision and Comprehensive Plan is a long term,
20 -year vision and we're trying to make the changes incrementally.
Note: Commissioner Stander later stated that she read in the code it was considered a
principle arterial. Commissioner Watters said whatever classification is in the code that it was
taken into account during the comprehensive planning process and the PC were given
direction.
Commissioner Martinez said he is frustrated with the elected officials not moving forward
with this. He said they are building a bridge and do not have the foundation, and he has mixed
feelings. He said he wishes they could figure out what they need to do, the big piece has not
been addressed and he is not comfortable voting on this when the major stuff has not been
taken care of.
Commissioner Watters said she can appreciate that this is a big change and it may take a
while to get through the processes and that's why it is important to keep the ball moving so
they can be part of the change. She feels good moving it forward and thinks they have done
so much with the public who complimented staff's outreach efforts last time. She feels like it
is a success in the community and the Comprehensive Plan focuses on the wellbeing of the
community. The Comprehensive Plan is already adopted and calls for a walkable area. She is
in support of this and thinks the City has given them a mandate to do this and thinks it is good
to do gradually over time.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
37
PC Public Hearing
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age 4
Motion: #3 Commissioner Watters made a motion to forward to the City Council for category
#3- Automotive services, gas (outside pumps allowed), etc. as amended in the
11/5/20 staff report. Commissioner Simmons seconded the motion. Commissioner
Strander opposed. Commissioner Martinez abstained from voting. Commissioners
Watters and Simmons were in favor.
4. Commercial parking (Commercial parking is a use of land or structure for the parking of
motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged
(TMC 18.06.613)
Commissioner Strander asked staff about the question raised at the last meeting regarding
the 175 ft. parcel depth along TIB. Staff said the parcel depth ranges from 80 ft. to 465 ft. in
depth along the corridor. The policy choice of 175 ft. was to discourage airport parking along
TIB, staff recommended no change.
Commissioner Martinez asked for a breakdown of the 80 ft. to 465 ft. lots, how many are
there and where are they located? He requested to see a map of how many lots are 175 ft. in
depth, he said he is not comfortable approving it without the info. He said he asked for this
information at the last meeting and this info should have been easy to provide. Staff pulled up
a map during the meeting to show that the lot pattern and depth varied up and down the
corridor. Commissioner Martinez wanted to know the average lot size, and the number of lots
that currently exist in the high traffic area that are a minimum of 175 ft.
Commissioner Watters said since the Comprehensive Plan has already been established it
makes sense, and other options are provided to offer some flexibility.
Commissioner Strander said for the record the Light Rail Station parking is permitted and if
there were to be another parking lot across the street would it be permitted? Commissioner
Martinez asked if Sound Transit parking lots were considered commercial parking or non-
profit parking? Staff said they are an accessory to an existing permitted use. Commissioner
Strander asked if they were expanded in any way would it be acceptable. Staff said additional
parking for light rail is subject to the Unclassified Use permit for the station.
Motion: #4 Commissioner Watters made a motion to forward to the City Council for category
#4- Commercial parking, etc. as amended and recommended in the 11/5/20 staff
report. Commissioner Simmons seconded the motion. The motion passed
unanimously.
5. Extended -stay hotel/motel
Motion: #5 Commissioner Watters made a motion to forward to the City Council for category
#5- Extended -stay hotel/motel option #3 amended from a 100 unit minimum to a 90
unit minimum and to strike the word motel from the land use table recommended in
the 11/5/20 staff report. Commissioner Martinez seconded the motion. The motion
passed unanimously.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
38
PC Public Hearing
11/5/20
age 5
6. Hotels
Motion: #6 Commissioner Watters made a motion to forward to the City Council for category #6 -
Hotel as amended from a 100 unit minimum to a 90 unit minimum as recommended in
the 11/5/20 staff report. Commissioner Strander seconded the motion. The motion
passed unanimously.
7. Motels
Motion: #7 Commissioner Strander made a motion to forward to the City Council for category #7 -
Motels option 1 and 2 as recommended in the 11/5/20 staff report. Commissioner
Martinez seconded the motion. The motion passed unanimously.
8. Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant.
Commissioner Strander asked how many drive through restaurants are currently in the NCC?
What would happen with the existing restaurants under staff's recommendation? What would
happen if the restaurant were not open for six months? She also asked if any kind of restaurants
with drive throughs would be permitted in the NCC? (Staff said there are 2 drive throughs in the
NCC; restaurants without drive-throughs would be permitted; staff said the existing restaurants
would stay as is unless they wanted to expand; and if the restaurant is not open for six month it
would not change. Commissioner Strander said she supports leaving the drive throughs as
permitted, and she also thinks drive throughs in the NCC should be permitted.
Commissioner Martinez said at the last meeting he had concerns regarding the lack of drive
throughs in the NCC. He said having a drive through restaurant would help the small minority
businesses. He said we should have drive throughs to give small minority owned businesses an
opportunity to succeed in an area that is going to be developed (Wadajir development). He said
he cannot support it without modifying the NCC drive through requirements.
Commissioner Simmons thanked staff for adding the language on the drive through to direct the
traffic away from TIB onto a side street. She said from a walkability perspective it really adds
value to the flow of the traffic on the sidewalk.
Commissioner Watters is in support. She said there are other locations in the City where those
uses can happen and in order to fulfill the Comprehensive Plan it makes sense to prohibit drive
throughs in this manner.
Staff noted that they wanted to clarify that in the RC drive throughs are allowed but they must be
behind the building. Currently drive throughs are not allowed in the NCC, which will stay as is
with staff's recommendation.
Commissioner Strander asked what if a drive through restaurant does not have the option to
exit to another street, but only have access from TIB? Staff said the language states they will
only have to exit to another street if it is feasible, such as being located on a corner.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
39
PC Public Hearing
11/5/20
age 6
Motion: #8 Commissioner Watters made a motion to forward to the City Council staff's
recommendation for category #8 for restaurants including drive through, sit down,
cocktail lounges in conjunction with a restaurant. as noted in the 11/5/20 staff report.
Commissioner Simmons seconded the motion. Commissioners Watters and Simmons
were in favor, Commissioners Strander and Martinez were opposed.
9. Retail sales, e.g. health/beauty aids/prescription
drugs/food/hardware/notions/crafts/supplies/housewares/electronics/photo-equip/film
proce ssing/books/magazines/stationery/clothing/shoes/flowers/plants/pets/jewelry/gifts/rec. equip/
sporting goods, and similar items.
Commissioner Strander asked how many businesses currently in the TIB area are affected by
this category? Staff said approximately eight businesses are affected, but they do not need to
comply at this point, it is the new businesses that need to comply (Staff correction — there is
only one retail business with a drive-through — Walgreen's Pharmacy).
Motion: #9Commissioner Simmons made a motion to forward to the City Council for use
category #9 for retail
sale s,e. g.health/beautyaids/prescriptiondrugs/food/hardware/notions/crafts/supplies/housewares/e
lectronics/photo-equip/film
processing/books/magazines/stationery/clothing/shoes/flowers/plants/pets/jewelry/gifts/rec. equip/
sporting goods, and similar items, as recommended by staff in the 11/5/20 staff report.
Commissioner Watters seconded the motion. Motion passed unanimously.
10. Financial, banking, mortgage, other services.
Commissioner Strander asked how many businesses currently in the TIB area are affected by
this category? Staff said four businesses are affected (Staff correction — there is only one
business with a drive-through — Key Bank).
Motion: #10 Commissioner Simmons made a motion to forward to the City Council for category
#10 financial, banking, mortgage, other services as recommended by staff in the
11/5/20 staff report. Commissioner Watters seconded the motion. Motion passed
unanimously.
11. Pawnbroker and payday lenders. (There was extensive discussion on this added item)
Staff said these land uses are not listed as prohibited uses in the moratorium but were specifically
added to the list of proposed land uses modifications based on the PC recommendation at the
10/22/20 public hearing. The Commissioners felt that these uses do not add value to the
neighborhood and that they should be prohibited.
(See the land use table in the 11/5/20 staff report for additional detailed information.)
Commissioner Strander said she supports this category; she asked since it was added after the
public hearing and the public did not get a chance to weigh in on this, is it appropriate to add
now? Staff said they believe it is okay to add it now, and that the public would still have an
opportunity to comment on it at the Committee of the Whole (COW) public hearing in a few
Phone: 206-433-1800 • Email: Mayor@TukwitaWA.gov • Website: TukwilaWA.gov
40
PC Public Hearing
11/5/20
age 7
weeks. Commissioner Strander reiterated that she is in support, but she would have liked for the
public to weigh in on this the same as they did on the other 10 categories discussed. She said she
is not comfortable approving this because it was not part of the originally packet, and it was
added after the public hearing was closed.
Commissioner Martinez said he was also in favor of this, but as Commissioner Strander said it
was added after the public hearing was closed. He asked staff when they notified all the parties
involved in the meeting last month if they notified them about this proposed change? Staff said
they did not specify that in the notice that was sent out but there was a link to the staff report
included with all the details including the other amendments PC directed be made. He said he
supports one hundred percent what they are trying to do, but that he had some concerns, and he is
not in favor of the process tonight.
Staff provided additional information on the process. Staff said the discussion took place on this
topic during deliberations in a public format and those in attendance heard the PC discussion and
concerns about this issue. Staff said in terms of getting public input when the public is notified,
they are not notified of every single detail and code change. They are told about what is being
considered and if they participate in the meeting then they can learn about the changes. Staff said
the PC add value through their discussion and deliberation and may want to add to changes being
considered, which has always been the case with all code amendments. Staff starts with a
recommendation and the PC builds off that.Public outreach is donegivens on the topic, not every
detail. And it is to be expected through that process that things can evolve and change from what
staff brings forth to the PC.
Commissioner Strander said she understands but this is an additional item that the public did
not get to discuss. She said she may be in favor of this, but she will not approve it because it was
not part of the original public hearing where someone may have participated because of this item.
Commissioner Simmons said she could understand the apprehension on including this item, but
personally she feels strongly about including this because it is so predatory upon the community.
And if this is an item that will be reviewed further at the COW public hearing where feedback
can be provided, she does not have an issue including the pawnbrokers and payday lenders.
Commissioner Watters said she appreciated the discussion on how to go about topics,
processes, staff's perspective, and them adding additional information. She said if every single
minutiae of topic had to be preconceived and sent on a flyer then government would grind to a
halt and it would not be possible to get anything done. She said the fact the public were able to
hear about it, and when Council hears about it that will be the third time and they can take action
to discuss it further if they wish. She said because they are all in favor, she would encourage
them to support it because that way the Council will talk about it. If they do not forward a
recommendation, then it will not be on the list and Council probably will not talk about this. She
said she thinks this is a great way to move the process forward and give the community a chance
to discuss it, so she is in favor.
Commissioner Strander said she does agree that this change should happen, but she has an
issue with the process and because of that she will not approve.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
41
PC Public Hearing
11/5/20
age 8
Motion: #11 Commissioner Watters made a motion to forward to the City Council the additional
category #11, pawnbrokers and payday loans as amended in the 11/5/20 staff report
with staff's recommendation. Commissioner Simmons seconded the motion.
Commissioners Watters and Simmons were in favor. Commissioner Strander opposed.
Commissioner Martinez abstained from voting.
Staff noted that tonight's meeting was to consider all the public testimony received, and the PC has
concluded deliberations on each one.
Staff said they appreciate everyone's hard work and participation, the community's input and the
Planning Commission's thoughts and process, and it will be a better product because they have
deliberated and thought through each item. They also said they valued everyone's input.
Next steps:
• Staff will forward the PC recommendations to City Council for final decision.
• If everything precedes as planned the COW will hold a public hearing on November 23rd, at
7:00 p.m.
• There will be a City Council public hearing on December 7th, at 7:00 p.m. and they will adopt
their recommendations.
Adjourned 8:45 p.m.
Submitted by: Wynetta Bivens
Planning Commission Secretary
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
42
From: ueoraina- on-the-Duwamish
To: Lynn Miranda
Subject: Re: NOTICE: Planning Commission Public Hearing on land use changes in NCC & RC zoning in Tukwila
International Blvd area
Date: Thursday, April 16, 2020 6:08:20 PM
have read the document and agree with the staff recommendations, all of which
support/enhance a walkable TIB district. Good work.
Georgina Kerr
3836 S 116th St
Tukwila WA 98168
206 444 9695
On April 16, 2020 at 3:29 PM Lynn Miranda <Lynn.Miranda@TukwilaWA.gov>
wrote:
Hello,
You are receiving this Notice of a Planning Commission Public Hearing because
you previously indicated an interest in receiving information related to a project
or community planning effort in the Tukwila International Boulevard area. Please
let me know if you no longer wish to be on our list of interested parties and I will
remove you from this list.
The Tukwila Planning Commission will be holding a virtual public hearing on
Thursday April 23 at 6:30 p.m. to consider zoning code amendments restricting or
prohibiting certain auto -oriented and lodging uses currently prohibited by
Ordinance 2620, for the purpose of implementing the Tukwila International
Boulevard (TIB) Element of the Comprehensive Plan. Land uses currently
permitted in the Neighborhood Commercial Center (NCC) and Regional
Commercial (RC) zoning districts
may be affected.
Please see the Notice below for directions on how to learn more about the
zoning code amendments, access the virtual meeting online or via telephone,
and provide public comment on the project via email or verbally.
City of Tukwila
PUBLIC HEARING NOTICE
43
MCCULLOUGH HILL LEAKY, PS
April 23, 2020
Planning Commission
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
VIA ELECTRONIC MAIL
Re: Comments on Item L20-0015
Zoning code amendments restricting or prohibiting certain auto -oriented and lodging uses
Under the Tukwila International Boulevard (TIB) Element of the Comprehensive Plan
Dear Commission Members:
We are writing on behalf of Sterling Realty Organization ("SRO"), which is the owner of the property
located at the southeast quadrant of the intersection of Tukwila International Boulevard (TIB) and SR -
518 (the "Property"), to provide comments on the above -referenced draft ordinance (the "Proposed
Ordinance"). The Property is the home to the Avis Car Rental service facility and Shuttlepark airport
parking.
SRO has been working cooperatively with the City and Sound Transit on a vision for a transit -oriented
development on the Property, linked to the nearby light rail and future BRT station with a pedestrian
bridge over SR -518. With such a pedestrian connection in place, the Property becomes an ideal
location for a high-density, mixed-use development, which would anchor the southern end of the
City's TIB subarea.
But the ability of SRO to pursue this TOD vision depends critically on the continuation of productive
economic uses on the Property. The cost of planning and development of a future TOD project on
the Property will run into the millions of dollars and will need to be phased over a period of years. If
productive uses cannot continue on the Property, then the viability of the TOD vision will be severely
jeopardized.
The current uses on the Property — automotive services, automobile sales and car rental for Avis, and
commercial parking for Shuttlepark — would be rendered nonconforming by the Proposed Ordinance.
Under the City's Code, a mere six-month lapse in use of these nonconforming uses could terminate
them. We do not know what the post-COVID world will look like, but airport car rental -related
activities and airport parking are certainly two uses that are most at risk. SRO is highly concerned that
if COVID effects cause such a lapse in use, the Proposed Ordinance will have the unintended effect of
terminating the economic use of the Property. If that happens, then the TOD vision for the Property
may be a disappearing dream.
44 701 Fifth Avenue • Suite 6600 • Seattle, Washington 98104 • 206.812.3388 • Fax 206.812.3389 • www.mhseattle.com
The Property is unique in the TIB subarea, in its size and location. It is geographically isolated from
the rest of the subarea, it is the largest parcel in the subarea, and it is adjacent to high -impact
transportation corridors on two sides. Unlike other sites in the TIB subarea, the continuation of auto -
oriented uses on the Property does not pose a land use risk to the redevelopment vision for the
corridor. To the contrary, continuation of current uses on the Property is critical to keeping the TOD
vision for this site alive.
Therefore, we are suggesting options for amendment of the Proposed Ordinance to address this issue.
Each of these options recognizes that the Property is a unique asset with unique conditions in the TIB
subarea, and allows for continuation of existing uses to help support the implementation of the TIB
vision for the Property. SRO believes that Option 1 should be the preferred option: it is simpler to
administer.
But in either case, SRO will continue to work closely with the City on the long-term TOD vision for
the Property. This TOD process will lead to future zoning amendments for the Property and the
subarea, as indicated in the Planning Commission work program. If other steps need to be taken to
address existing uses on the Property, they should occur in that process, in the context of the long-
term vision for the site. In the meantime, it would be a mistake to let area -wide use restrictions in the
Proposed Ordinance to create an obstacle to future TOD development of the Property.
We urge you to recommend one of the options set forth in Attachment A, in order to keep this TOD
vision alive.
Sincerely,
McCULLOUGH HILL LEARY, PS
2640i C Ncezdienyti
John C. McCullough
cc: Sterling Realty Organization
45
MCCULLOUGH HILL LEAKY, PS
Attachment A
SRO TOD Site/Tukwila
Proposed amendments to TIB Code
OPTION 1:
• Add notes to the use tables to provide that (i) commercial parking uses, (ii)
rental of vehicles not requiring a commercial driver's license uses, (iii)
automotive services, and (iv) automobile and used car sales lots, existing on the
effective date of the ordinance on parcels larger than 9 acres in the RC zone in
the TIB subarea, are permitted uses.
OPTION 2:
NEW SUBSECTION
TMC 18.70.040 Nonconforming Uses
7. Notwithstanding any provision in this Chapter to the contrary, on a lot in the
RC zone of nine (9) acres or greater, a nonconforming commercial parking use,
nonconforming rental of vehicles not requiring a commercial driver's license use,
nonconforming automotive services use or nonconforming automobile and used car sales
lot may be intensified or relocated on the site, or an existing structure devoted to such a
use may be structurally altered or reconstructed at another location on the site, as long as
the land area occupied by such nonconforming use is not increased. If any such
nonconforming use ceases or is diminished, then the time periods for resumption of use
set forth in subsection 18.70.040(3) shall be three (3) years.
46 701 Fifth Avenue • Suite 6600 • Seattle, Washington 98104 • 206.812.3388 • Fax 206.812.3389 • www.mhseattle.com
PUBLIC COMMENTS TO THE PLANNING COMMISSION MEETING APRIL 23RD, 2020
My comments relate to the proposed changes to the RC zoning. I represent an entity which currently is
under contract to purchase approx.. 1.6 acre of mostly vacant land located at 14816 TIB (the Steinberg
Property) which is approx.. 1/3 of a mile North of the Light Rail Station. While I do not know the
demand for the uses subject to the zoning changes in general, I can state with 100% certainty that none
of the uses (automobile services, gas, car wash, drive thru, motel, etc.) to be discussed at the Planning
Commission Meeting on 4/23 are contemplated uses for a redevelopment of the Steinberg Property.
As evidenced by the regional shortage of housing units (I have read estimated at 160,000 units for the
Puget Sound Region), by far the highest and best use for the Steinberg Property is housing, and lots of it.
The proximity to Light Rail makes all of the parcels between the Light Rail Station and Tukwila Village
(identified on the City's web page as within walking distance to Light Rail) of even greater importance
for housing.
Unfortunately, the current RC zoning falls far short of allowing the potential for housing units typically
seen in close proximity to Light Rail Station. I.e. the Steinberg Property only allows for approx.. 35 units
while we have received site plan approval from the City of SeaTac for 117 units on a similar size site,
directly across the Tukwila Justice Center currently under construction.
I strongly urge the City, and the Planning Commission to move as quickly as possible on to the most
important phase, which is to adapt zoning similar to what other jurisdictions have enacted around the
Light Rail Stations, i.e. Spring District in Bellevue, Northgate in Seattle, or SeaTac for that matter
(although they still have some zoning issues to work out which I understand will be addressed this year).
Thank you.
Rune Harkestad
Riverton Housing, LLC
845 NE 106th Ave. #100, Bellevue, WA 98004
47
From: Traci
To: Lynn Miranda
Cc: Rachel Turpin
Subject: NOTICE: Planning Commission Public Hearing on land use changes in NCC & RC zoning in Tukwila International
Blvd area
Date: Wednesday, April 22, 2020 3:58:26 PM
Good afternoon Ms. Miranda,
I hope you are healthy and strong during these unprecedented times.
As you are likely aware, Governor Jay Inslee has suspended certain in-person requirements
under the OPMA. But there are restrictions on when action can be taken.
Pursuant to the order, agencies may only conduct meetings that can be attended remotely (both by
the public and the governing body) and may only take "action," as defined in RCW 42.30.020, on
matters that are either (1) necessary and routine, or (2) necessary to respond to the COVID-19
outbreak and the current public health emergency. All other matters must be postponed until regular
meetings may resume that are in full compliance with the OPMA.
Remote/virtual meetings may take place as long as they are regular meetings dealing with routine
items only.
More information can be found here: http://mrsc.org/Home/Stay-Informed/MRSC-
Insight/March-2020/Governor-Issues-Proclamation 20-28.aspx
I was hoping that you would provide Information on how the content of Tukwila's 4.23.20
Planning Commission meeting is:
1. Necessary and routine and/or
2. Necessary to respond to the COVID-19 outbreak and the current public health
emergency.
You likely are aware that the vast majority of cities have canceled all commission meetings
until at least May. Please see Cities of SeaTac, Burien, Issaquah, Bellevue, Mercer Island.
I look forward to hearing from you.
Thank you,
Traci Granbois
From: Lynn Miranda[mailto:Lynn.Miranda@TukwilaWA.gov]
Sent: Thursday, April 16, 2020 3:29 PM
To: Lynn Miranda <Lynn.Miranda@TukwilaWA.gov>
Subject: NOTICE: Planning Commission Public Hearing on land use changes in NCC & RC zoning in
Tukwila International Blvd area
Hello,
You are receiving this Notice of a Planning Commission Public Hearing because you previously
indicated an interest in receiving information related to a project or community planning
48
From: Traci
To: Lynn Miranda
Cc: Doris Cassan
Subject: comments for 4.23.20 Planning Commission Meeting
Date: Thursday, April 23, 2020 3:53:39 PM
Hello Ms. Miranda,
I signed up to speak but also wanted to include written comments to the Commission. Please
find them below.
Thank you,
Traci Granbois
Traci Granbois
15858 International Boulevard, Tukwila, WA
The City of Tukwila is holding a public hearing during the first global pandemic in the past
100+ years.
Please allow the gravity of that statement to sink in.
You are holding a meeting which has the potential to negatively affect private property rights
during the middle of an unprecedented public health emergency. You have had a moratorium
on property in this zone for over 4 years. FOUR YEARS! This in itself is another
unprecedented phenomenon. Would you describe "four years" as "reasonable" and "for a
limited period of time"? The timing of this meeting is unfortunate and gives the impression
that the City of Tukwila is attempting to slip a fast one past citizens who have served your
community for 25+ years.
In regards to the substance of your meeting...the southern portion of the TIB study area is
located directly across the street from our region's Rental Car facility which services the
Seattle -Tacoma Airport — the powerhouse money/jobs generator in this area. The Port built
this facility at much expense for the benefit of all citizens. It is obvious that uses around this
Rental Car facility will be related to...cars! It is unreasonable to disallow outdoor storage of
automobiles — this will have an extremely negative effect on businesses affiliated with the
main industry on IB, namely the airport & rental car facility.
Spot zoning. This potential zoning change appears to be an illegal spot zone — with only one
car sales location noted on Attachment A, it appears that one specific business is being
targeted.
In summary, I ask this committee to slow down and truly consider whether holding a public
hearing during the middle of the Corona pandemic is truly in the best interest of the citizens. I
then ask this committee to reconsider banning outdoor storage of automobiles on properties
located on International Boulevard.
Thank you for your consideration,
Traci Granbois
49
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No response required.
Staff comment/analysis/options
Staff Response: Per TMC 18.70.040.4 Non -Conforming
Uses states if any such nonconforming use ceases for any
reason for a period of more than six consecutive months,
or a total of 365 days in a three-year time period, any
subsequent use shall conform to the regulations specified
by this title for the district in which such use is located.
To date, no one has reached out to staff with such a
request. One option to address this comment would be to
revise the non -conforming use section by adding the
following:
The DCD Director may grant a commercial use an
extension of an additional six consecutive months, for a
time period not exceeding one year, provided the following
criteria are met:
1. The extension is needed because of the impacts to the
business because of COVID; and
2. The business was in existence and operating prior to
pre-COVID restrictions; and
2. The use is a permitted use within the zoning district.
Staff Response: There are some general studies and
articles written about "Main Streets" but a specific
economic analysis for TIB, other than a retail and housing
market analysis as part of the CNU study, has not been
done at this time. Attachment D to this Staff Report
Addendum 2 is a memo (dated 3.9.2020) from the City's
Economic Development Administrator providing an
estimated range of the potential economic development
benefits associated with adding on -street parking along
TIB to support a pedestrian friendly, "main street" type of
neighborhood.
Staff Response: See the response to Commissioner
Watters' comment above regarding businesses that cease
to exist for 6 months or more.
Date/Source
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PC hearing
4.23.20
Commentator Comment
(language changes in strikout/underline, recommendation in bold)
Consider extending the time allowed for businesses potentially
affected by the proposed changes to the land use code to be
vacant, given the impact of the pandemic on businesses.
Currently, TMC 18.70.040.4 Non -Conforming section states that:
Are any economic development studies or plans that have been
prepared related to TIB?
There was concern expressed about existing uses along TIB
experiencing a potential cessation of operations for 6 months due
to the impact of the pandemic, and their ability to continue their
business in the future if this happens.
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The moratorium was adopted by the City Council to limit
the types and forms of new development that conflict with
the community's vision for creating a walkable main street
on TIB. Even if allowed on a temporary basis, significant
private investment will be required for uses that do not
support the community vision and adopted Comprehensive
Plan goals and policies. Once theses use are in place, it
will be very difficult to regulate them for a limited amount of
time.
Staff Recommendation: Do not allow new uses currently
prohibited by the moratorium and proposed interim zoning
revisions on a temporary basis.
The requirements for a full service restaurant with Class A
liquor license were added to the Options. Research on
new hotels in the Southcenter area show that the number
of rooms range from 75 to 139, with the average being
101.
Staff Recommendation: Keep the minimum number of
rooms required at 100.
The current zoning code has two different categories for
restaurants. Drive-through restaurants (including a
business like Starbucks) are currently allowed in RC zone.
Restaurants without a drive-through facility are currently
permitted in the NCC zone. Allowing drive-thru coffee
houses would expand auto -oriented uses into the NCC
zone. Putting a minimum size requirement on coffee shops
would restrict most drive-through coffee stands from
locating in the NCC zoning district, but the type or brand of
coffee shops that could locate in the NCC zone cannot be
regulated. . In addition, the code does not define "coffee
house" so trying to interpret the different forms it could
take and regulate that would be difficult - does it sell food?
How to differentiate between a coffee house and a fast-
food restaurant that also sells coffee?
Staff Recommendation: Do not allow drive-throughs in
NCC.
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A desire was expressed to allow new uses that are currently
prohibited by the moratorium so that property owners affected by
COVID can generate income - perhaps allow on a temporary
basis.
To ensure a quality hotel, revise the conditions for hotels and
extended stays to include a full service restaurant with Class A
liquor license and more than 100 rooms. Red Lion further south
on International Blvd has 140 rooms.
Allow drive-through coffee houses in NCC zone. These could be
accessed through an alley.
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No response required. PC must
make a decision on which
alternative to recommend.
No response required.
No response required.
No response required.
No response required. PC must
make a decision on which
alternative to recommend.
Drive-through restaurants, services and retail are still
permitted in the RC zone. The proposed zoning revisions
would apply to new businesses, and have locational
requirements that support walkability for the drive-thru
facility and queuing lanes.
These suggested options were added to Items 1-3 in the
Addendum.
A full set of zoning code revisions is anticipated to come
before the PC in 2021, once a decision on TIB
rechannelization is made by the Council.
No response required.
The City Attorney reviewed the Governor's proclamation
regarding public meetings and approved holding the virtual
public hearing.
The area south of SR 518 is very different in character
than the area north of the SR. International Blvd, which
fronts these parcels and is within the City of Seatac, does
not have the same potential for adding on -street parking
and "main street" character as does TIB north of SR 518.
Staff Response: Added another option to Items 1&2 that
exempts all parcels south of SR 518 from the enclosed
showroom requirements.
PC hearing
4.23.20
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Need to consider that people living in other areas of the City drive
to this area and still use drive-throughs.
Requested 2 other alternative options for Items 1-3 regarding
exemptions for parcels larger than 9 acres in RC zoning from
enclosed showrooms.
Urged Commissioners to move forward with adopting zoning
similar to what other jurisdictions have enacted around light rail
stations.
Agrees with staff recommendations that support/enhance a
walkable TIB district.
Concerned about holding a virtual meeting during the pandemic
Concerned about holding a virtual meeting during the pandemic.
Requested PC to consider banning outdoor storage of
automobiles on properties located on International Blvd.
Commissioner
Simmons
SRO
representatives
Rune Harkestad
Georgina Kerr
Traci Granbois
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54
Lynn Miranda
From: BRIAN KENNEDY <graften@comcast.net>
Sent: Tuesday, October 20, 2020 12:42 PM
To: Lynn Miranda; graften@comcast.net
Subject: TIB Zoning Revisions
Dear Council,
have lived two blocks from TIB for over 42 years. In the '70's
and 80's, when I was younger, I loved to dance at King's and
Montana's. My friends and I would go to The Derby, Trudy's and
The White Shutters for an occasional drink and maybe a game of
pool. Then, things got tougher... hookers, guns etc. The bars and
dance clubs all left. Larry's Market was a nice place to go. The new
Justice Center / City Hall and Library have spruced up the area.
Many of the motels were drug and prostitution ridden; they don't
deserve a second chance. We should have nice hotels like at the
airport. The Marriot has a nice brunch, Red Lion had a nice place to
dance, Gregory's, 13 Coins and other hotel restaurant's are fun to
visit once in awhile.
Tukwila has a chance to clean up and create more classy and
inviting businesses on 99. I realize that here are some lower
income business owners, but that doesn't mean that the boulevard
has to exist in dereliction and crime. These businesses can be
considered when revitalizing Tukwila. Maybe an international
products or restaurant area, but with new buildings with great
design.
My own thoughts are to zone/plan for upbeat hotels with
restaurants and entertainment to draw visitors from SeaTac and to
give the citizens of the area fun places to go. We don't need more
nail salons, tax services, fast food ( except delicious Dick's Drive-in
), gas stations, used car lots, pawn shops. Let's have something
nice and unique; we don't have to look like everybody else.
Thank You, Brian Kennedy
1
55
Lynn Miranda
From: Jimmy K <jarkerne@gmail.com>
Sent: Monday, October 19, 2020 10:14 PM
To: Lynn Miranda
Subject: Comment on City of Tukwila Notice of Planning Commission Public Hearing on Tukwila
Internatinal Blvd.
International Boulevard should remain car -friendly and pro-business. International Boulevard is a vital roadway that's an
important thoroughfare to the SeaTac airport. I don't have a problem with the businesses that are currently on
International Blvd. I would be very much opposed to low income government housing or more upzone apartments along
International Blvd. Lot of people make a living driving Ubers and Cabs in this area. I-5 is often blocked by protesters,
stopped by traffic, or in terrible disrepair after years of neglect. The calm drive along International Blvd. to the City is the
alternative many business travelers, drivers, and residents prefer. I've read articles in the Tukwila Reporter where high
level Microsoft executives living in Bellevue have thrown a lot of money at giving preference to foreigners to start
businesses and live along International Blvd in Tukwila. Let Bellevue residents take that project up in their own City. The
building of the new Justice Center to replace struggling immigrant businesses was an admission that this project failed.
This practice of our local government giving immigrant businesses taxpayer money, incentives, or preference over
American businesses w/ a history of success needs to end. To the extent these businesses are over -leveraged, poorly
managed, or a haven for crime they should be allowed to fail or cited. Any brand name restaurant would thrive in this
area just as Wendy's or Taco Time have. Tukwila needs to allow more free market competition in this area. Many of the
restaurants leaving Seattle due to their high tax anti -business initiatives would happily relocate to International Blvd.
Tukwila is already the most diverse city in the country. We don't need to keep focusing on bringing more people in
illegally from abroad. The focus should be on strengthening the International community we've already been blessed
with and helping them to assimilate with the Americans already here. Tukwila creates wealth for all people w/ single
family homes and the opportunity for land ownership. The upzoning of Seattle only enriched the politicians' pockets as
they priced out the Community already living there. Boeing leaving Everett should be a wake up call. Tukwila needs to
be family -friendly, low tax, and pro-business.
Jimmy K
CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click
links from an unknown or suspicious origin.
1
56
MCCULLOUGH HILL LEARY, PS
October 22, 2020
Planning Commission
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
VIA ELECTRONIC MAIL
Re: Comments on Item L20-0015
Zoning code amendments restricting or prohibiting certain auto -oriented and lodging uses
Under the Tukwila International Boulevard (TIB) Element of the Comprehensive Plan
Dear Commission Members:
We are writing on behalf of Sterling Realty Organization ("SRO"), which is the owner of the property
located at the southeast quadrant of the intersection of Tukwila International Boulevard (TIB) and SR -
518 (the "Property"), to provide comments on the above -referenced draft ordinance (the "Proposed
Ordinance"). The Property is the home to the Avis Car Rental service facility and Shuttlepark airport.
parking.
SRO has been working cooperatively with the City and Sound Transit on a vision for a transit -oriented
development on the Property, linked to the nearby light rail and future BRT station with a pedestrian
bridge over SR -518. With such a pedestrian connection in place, the Property becomes an ideal
location for a high-density, mixed-use development, which would anchor the southern end of the
City's TIB subarea.
As we have previously noted, the ability of SRO to pursue this TOD vision depends critically on the
continuation of productive economic uses on the Property. The cost of planning and development of
a future TOD project on the Property will run into the millions of dollars and will need to be phased
over a period of years. If productive uses cannot continue on the Property, then the viability of the
TOD vision will be severely jeopardized.
Earlier this year, we expressed the concern that the current uses on the Property — automotive services,
automobile sales and maintenance/repair for Avis, and commercial parking for Shuttlepark — would be
rendered nonconforming by the April 2020 Proposed Ordinance considered by the Planning
Commission. Therefore, we suggested options for amendment of the April 2020 Proposed Ordinance
to address this issue.
701 Fifth Avenue Suite 6600 Seattle, Washington 98104 206.812.3388 Fax 206.812.3389 www.mhseattle.com
57
We appreciate that the City has returned with several options that respond to the concern we
expressed in April. We are pleased to endorse the preferred alternative proposed by City staff, as it
allows the continuation of the existing uses on the Property in a way that will help to support the
future TOD redevelopment that is our common goal.
We encourage you to recommend adoption of the preferred options that are before you tonight.
Sincerely,
)f -4J C. McCullough
(cta.ci,(
cc: Sterling Realty Organization
58
PUBLIC COMMENT TO FILE NUMBERS: L20-0015 Code Amendments, PL20-0021
I would strongly encourage Staff and the Planning Commission to also consider changes to the code
section governing perhaps the use that is in most demand, namely multi family housing. With the
proximity to Light Rail and other modes of public transportation, many of the parcels within the zones
under consideration for code changes are perfectly suited for multi family development. The RC zoning
unfortunately is extraordinary restrictive in this regard. I believe it would be simple to make a couple of
meaningful changes to the code which would strongly encourage the development of multi family zoning
within the RC zone. For instance, it would be very simple to change the max density limitation, currently
at 22 units/acre for multi family to something more reasonable, i.e. 60 units/acre, which is what is
currently allowed for senior citizen developments (if I read the code correctly). I would also suggest to
reduce the required amount of recreational space (currently 200 sf/unit) to i.e. 60 sf/unit which is
consistent with the requirement in the City of SeaTac.
I believe the restrictions on multi family in the RC zone is excessively restrictive given the lack of housing
in general and the options of public transportation specifically. This code review process appears to be
an excellent opportunity to make relatively simple changes which will go a long way towards encouraging
additional housing in the area.
Sincerely,
Rune Harkestad
SEG 56th LLC
59
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Staff comment/recommended changes
(language changes in strikout/underline, recommendation in bold)
Revise the staff -recommended footnote as follows: Automotive
sales must have an enclosed showroom with no outdoor storage
of vehicles. Existing uses in the RC zone in the TIB study area on
the effective date of the ordinance are exempt from the enclosed
showroom requirement, provided the use is limited to the
existing parcel(s) currently occupied on the date of the ordinance.
Pre-existing legally established automotive sales where existing
parking lots abut the public frontage must provide effective
visual screening of the parking lot from sidewalks (or street if no
sidewalk currently exists) using Type II landscaping when any of
the following occurs: a proposed expansion or structural
alteration, a change of ownership, or when the business is
vacated or abandoned for more than 24 months and a new
business is proposed.
Revise the staff -recommended footnote as follows: Outdoor
storage of vehicles, tires, or other materials used for service is not
permitted.
Gas stations are permitted if the pumps and parking are located
behind the building and the pumps meet the setback
requirements and comply with building and fire codes. Queuing
PC Comment
(language changes in strikout/underline,
recommendation in bold)
For pre-existing uses, can we require screening of
parking lots from public frontage?
NO COMMENTS
For pre-existing uses, can we require screening of
outdoor storage from public frontage?
Don't want wholesale distribution of fuel facilities in
NCC or RC zones permitted in TIB study area.
Land Use Item
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3. Automotive services
3. Automotive services
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Staff comment/recommended changes
(language changes in strikout/underline, recommendation in bold)
lanes are not permitted between buildings and back of sidewalk.
Wholesale distribution and storage of fuel (e.g. natural gas,
propane, gasoline) are not permitted in the TIB study area. Pre-
existing legally established automotive service uses with
outdoor storage or parking abutting the public frontage must
provide effective visual screening of the parking and outdoor
stored materials from sidewalks (or street if no sidewalk
currently exists) using Type II landscaping when any of the
following occurs: a proposed expansion or structural alteration,
a change of ownership, or when the business is vacated or
abandoned for more than 24 months and a new business is
proposed.
Currently, electrical vehicle charging stations (Level 1-3) are
Permitted (P) in NCC and RC zones and most other
commmercial/mixed use zones in the City (see graphic below for
images of each type of station). Level 3 stations will need to meet
the same requirement as a gas station with the building along the
streetfront. Staff recommends making no changes to Table 18-6
for electrical vehicle charging stations.
Revise the existing footnote #7 in Table 18-6 as follows: provided
it is either: a. a structured parking facility located within a
structure having substantial ground floor retail or commercial
activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use; or
b. a surface parking facility located at least 175 feet from
adjacent arterial streets and behind a building that, combined
with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
PC Comment
(language changes in strikout/underline,
recommendation in bold)
Does Fire Dept have concerns about placing gas
pumps behind the building, as required in the
proposed footnote?
Don't want stand -along electric car charging
stations on in NCC or RC zones in TIB study area.
Should be an accessory use.
Clarify that b. in the footnote applies to surface
parking lots.
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Staff comment/recommended changes
(language changes in strikout/underline, recommendation in bold)
The policy choice to require surface -level commercial parking lots
to be located 175' from adjacent streets was to discourage airport
commercial parking from locating along TIB, as this was not seen
as a positive contribution to the neighborhood. Parcel depth
ranges from approximately 80' to 465'. Staff recommends no
change to the existing footnote requiring surface -level
commercial parking lots to be located a minimum of 175' from
adjacent streets.
The TPA charges an assessed rate of $2.00 per unit per night of
stay in establishments with 90 or more rooms. Revise the staff -
recommended footnote for Extended Stay Hotel as follows:
Allow if the following are provided: a
full-service restaurant and a Class A liquor license, 24-hour staffed
reception, all rooms accessed off interior hallways or lobby, and a
minimum 1-09-90 rooms.
Revise as follows: Extended Stay Hotel/Motet
The TPA charges an assessed rate of $2.00 per unit per night of
stay in establishments with 90 or more rooms. Revise the staff -
recommended footnote for Hotels as follows: Allow h^T. with
if the following are provided: a full-service restaurant and a Class
A liquor license, 24-hour staffed reception, all rooms accessed off
interior hallways or lobby, and a minimum 480-90 rooms.
Staff continues to recommend no drive-thru restaurant facilities
in NCC. Restaurant drive-thru facilities continue to be allowed in
RC zone.
PC Comment
(language changes in strikout/underline,
recommendation in bold)
Why is surface -level commercial parking lots (use
of land or structure for the parking of motor
vehicles as a commercial enterprise for which
hourly, daily, or weekly fees are charged) required
to be 175' from street? How deep are the parcels
on TIB? Should this required distance be less?
Note: Commissioner Mann is in favor of keeping
The minimum of 100 rooms requirements seems
arbitrary. Consider using the minimum room
requirement used by the Seattle Southside Regional
Promotion Authority Tourism Promotion Area (TPA)
in determining application of lodging charges.
Motels will not be a permitted use in RC zone.
The minimum of 100 rooms requirements seems
arbitrary. Consider using the minimum room
requirement used by the Seattle Southside Regional
Promotion Authority Tourism Promotion Area (TPA)
in determining application of lodging charges.
NO COMMENTS
Wants to allow drive-thru restaurant facilities in
NCC
Land Use Item
4. Commercial Parking
5. Extended Stay Hotel/motel
5. Extended Stay Hotel/motel
5. Hotel
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Staff comment/recommended changes
(language changes in strikout/underline, recommendation in bold)
Revise the staff -recommended footnote as follows for restaurant
drive-thrus in RC zone: Drive-thru facilities are permitted when
located behind a building. Queuing lanes are not permitted
between buildings and public frontage sidewalks.
Where the use is located on a corner or with access to an alley,
drive-thrus must exit to a side street or an alley that connects to
a side street, where feasible.
Retail uses with drive-thrus are currently allowed in both NCC and
RC zones. Revise the staff -recommended footnote as follows:
Drive-thru facilities are permitted when located behind a building.
Queuing lanes are not permitted between buildings and public
frontage sidewalks. Where the use is located on a corner or with
access to an alley, drive-thrus must exit to a side street or an
alley that connects to a side street, where feasible.
These uses with drive-thrus are currently allowed in both NCC and
RC zones. Revise the staff -recommended footnote as follows:
Drive-thru facilities are permitted when located behind a building.
Queuing lanes are not permitted between buildings and public
frontage sidewalks. Where the use is located on a corner or with
access to an alley, drive-thrus must exit to a side street or an
alley that connects to a side street, where feasible.
PC Comment
(language changes in strikout/underline,
recommendation in bold)
Consider a requirement for drive-thrus to exit on to
side street instead of TIB to decrease opportunities
for vehicular and pedestrian conflicts.
Consider a requirement for drive-thrus to exit on to
side street instead of TIB to decrease opportunities
for vehicular and pedestrian conflicts.
Consider a requirement for drive-thrus to exit on to
side street instead of TIB to decrease opportunities
for vehicular and pedestrian conflicts.
Land Use Item
8. Restaurants including drive
through, sit down, cocktail
lounges in conjunction with a
restaurant
9. Retail sales
10. Financial, banking, mortgage,
other services
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(language changes in strikout/underline, recommendation in bold)
In Table 18-6, pawnbrokers are currently listed as a Conditional
Use (C) in the RC zone. They are currently not permitted in the
NCC zone. The existing pawnbroker at 3920 S. 146th St. is in the
NCC zone and was established prior to adoption of the current
zoning and therefore may continue subject to the regulations on
non -conforming uses, see TMC 18.70. Payday lenders are not
currently called out as a specific use in Table 18-6. Staff
recommends revising Table 18-6 to address comments from the
Planning Commission to not allow pawnbrokers and payday
lenders in the RC zone in the TIB study area.
PC Comment
(language changes in strikout/underline,
recommendation in bold)
Pawnbrokers and payday lenders do not add value
to the neighborhood. Consider prohibiting these
use in the RC zone.
Land Use Item
10. Financial, banking, mortgage,
other services
Planning
Commissioner
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• Supply from household outlet
• Make use of EV's on -board charger
• 12OV 1 ph AC; 12-16A
• Charging power: 1.4KW or 1.9KW
• Supply from household outlet or EV Charge point
• Make use of EV's on -board charger
• 208-24OV 1 ph AC ; 12 to 8OA (Typ. 3OA)
• Charging power: 2.5KW to 19.2KW (Typ. 7KW)
• Supply from 208-6O0V 3ph AC
• Make use of off -board DC fast charger
• 4O0A (Typ. 6OA)
• Charging power: up to 24OKW (Typ. 5OKW)
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68
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TABLE 18-6, "LAND USES
ALLOWED BY DISTRICT," AS CODIFIED IN TITLE 18, "ZONING,"
OF THE TUKWILA MUNICIPAL CODE, TO CLARIFY THE TYPES
AND FORM OF DEVELOPMENT PERMITTED IN THE REGIONAL
COMMERCIAL (RC) AND NEIGHBORHOOD COMMERCIAL
CENTER (NCC) ZONES LOCATED IN THE TUKWILA
INTERNATIONAL BOULEVARD STUDY AREA; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has adopted a Comprehensive Plan
("Comprehensive Plan") in compliance with the Growth Management Act; and
WHEREAS, the City of Tukwila is currently updating its Zoning Code to comply with
its adopted Comprehensive Plan; and
WHEREAS, the Tukwila International Boulevard Study Area ("TIB Study Area"),
shown on Exhibit B, is generally bounded by 42nd Avenue South on the east, South 160th
Street on the south, International Boulevard and Military Road on the west, and South
133rd Street to the north; and
WHEREAS, the TIB Study Area consists of mixed zoning that includes commercial
and residential zones with a stepped edge that follows the boundary of the multi -family
zoning districts up to the Mixed Use Office District at approximately South 133rd Street;
and
WHEREAS, within the TIB Study Area's existing Neighborhood Commercial Center
(NCC) and Regional Commercial (RC) zoning districts, there are certain uses that in the
future may not be allowed or may be allowed with conditions; and
WHEREAS, the Comprehensive Plan goals and policies for the TIB Study Area are
to create a pedestrian oriented, walkable destination, with services for the neighborhood,
and uses and developments consistent with those goals and policies; and
WHEREAS, the City of Tukwila is in the process of updating its land use regulations
to comply with said goals and policies of the Comprehensive Plan for the TIB Study Area;
and
CC:\Legislative Development\TIB Zoning Code revisions -Table 18-6 11-10-20
LM:bjs Review and analysis by Barbara Saxton Page 1 of 4
69
WHEREAS, prior to updating its land use regulations for the TIB Study Area, the City
provided the public many opportunities to provide input on this matter; and
WHEREAS, the City of Tukwila conducted a three-day workshop in February 2017
on the future improvements and land use regulations for the TIB Study Area and
preliminarily determined hotels, motels, extended -stay facilities, and auto -oriented
commercial uses (including, but not limited to, gas stations, car washes, vehicular repair
or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive-
throughs) should be regulated differently than currently regulated; and
WHEREAS, on July 17, 2017, the Tukwila City Council adopted Ordinance No. 2543,
which declared an emergency necessitating the immediate imposition of a six-month
moratorium prohibiting, within the TIB Study Area's NCC and RC zoning districts, the
development, expansion, intensification, or establishment of any new hotel, motel,
extended -stay facility, and auto -oriented commercial uses (including, but not limited to,
gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular
storage, commercial parking, and drive-throughs); and
WHEREAS, following the adoption of Ordinance No. 2543, the City of Tukwila
adopted several subsequent ordinances (Ordinance Nos. 2565, 2579, 2595, 2606, and
2620) renewing said six-month moratorium, following public hearing, testimony regarding
the City's moratorium, and declared findings prior to each renewal; and
WHEREAS, renewals of said six-month moratorium were necessary to ensure the
thoughtful and careful drafting of interim Zoning Code revisions that will replace the
moratorium; and
WHEREAS, on March 2, 2020, the Planning and Economic Development Committee
recommended that the Planning Commission consider Zoning Code amendments that
would eliminate the need to renew the moratorium again; and
WHEREAS, due to Governor Inslee's Proclamation 20-25, "Stay Home Stay
Healthy," in response to the COVID-19 pandemic, the Planning Commission held a virtual
public hearing on April 23, 2020 to consider code amendments for the TIB Study Area,
but the full consideration of the Zoning Code was delayed until October 22, 2020 when
the Planning Commission, following adequate public notice, continued their virtual public
hearing to consider code amendments for the TIB Study Area; and
WHEREAS, Ordinance No. 2620 was set to expire on July 9, 2020 but the Tukwila
City Council desired to renew the TIB Study Area moratorium for another six months in
order to provide for the time needed for the COVID-19 pandemic related restrictions to be
lifted so the public could meaningfully participate in the TIB Study Area code amendment
process; and
WHEREAS, on June 22, 2020, the Tukwila City Council held a public hearing on an
ordinance renewing the six-month moratorium on certain types of new or expanded land
uses in the TIB Study Area, and on July 6, 2020 adopted Ordinance No. 2631 renewing
the six-month moratorium; and
CC:\Legislative Development\TIB Zoning Code revisions -Table 18-6 11-10-20
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70
WHEREAS, the Planning Commission held a meeting on November 5, 2020 to
consider staff -recommended modifications to the Zoning Code and forwarded their
recommendations to the City Council; and
WHEREAS, on November 16, 2020, the Planning and Economic Development
Committee forwarded the Planning Commission recommendations on the TIB Zoning
Code revisions that would eliminate the need to renew the moratorium to the Tukwila City
Council for a public hearing; and on November 23, 2020, following adequate public notice,
the City Council held a public hearing to receive testimony concerning the
recommendations of the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings. The recitals and findings set forth above are hereby adopted
as the City Council's findings in support of the moratorium renewal imposed by this
ordinance.
Section 2. Table 18-6, "Land Uses Allowed by District," Amended. Table 18-6:
"Land Uses Allowed by District," as codified in Tukwila Municipal Code Title 18, is hereby
amended in the Neighborhood Commercial Center (NCC) and Regional Commercial (RC)
columns (within the TIB Study Area) for the uses as set forth below. The amended Table
18-6 is attached as Exhibit A. The map showing the Tukwila International Boulevard
Study Area is attached as Exhibit B.
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S =Special Permission (Administrative approval by the Director)
NCC
RC
Commercial Parking (Commercial parking is a use of land or structure for
P7
the parking of motor vehicles as a commercial enterprise for which
hourly, daily, or weekly fees are charged. TMC Section 18.06.613)
Extended -stay hotel/motel
P35
Financial, banking, mortgage, other services
P36
P36
Hotels
P35
Motels
12
Retail sales, e.g. health/beauty aids/prescription drugs/
food/hardware/notions/crafts/supplies/housewares/electronics/
photo-equip/film processing/ books/magazines/stationery/
clothing/shoes/flowers/plants/pets/jewelry/gifts/rec. equip/
sporting goods, and similar items
P36
P36
7. Commercial parking; provided it is either:
a. a structured parking facility located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial environments are
not negatively impacted by the parking use; or
b. a surface parking facility located at least 175 feet from adjacent arterial streets and behind a
CC:\Legislative Development\TIB Zoning Code revisions -Table 18-6 11-10-20
LM:bjs Review and analysis by Barbara Saxton
Page 3 of 4
71
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
35. Allowed if the following are provided: a full-service restaurant and a Class A liquor license, 24-hour
staffed reception, all rooms accessed off interior hallways or lobby, and a minimum 90 rooms.
36. Allowed; however, if in the TIB Study area, as set forth in Figure 18-60, the following conditions
apply: Drive-through facilities are permitted when located behind a building. Queuing lanes are not
permitted between buildings and public frontage sidewalks. Where the use is located on a corner or
with access to an alley, drive-throughs must exit to a side street or an alley that connects to a side
street, where feasible.
Section 3: A map showing the boundaries of the Tukwila International Boulevard
(TIB) Study Area, attached hereto as Exhibit B, shall be codified as Figure 18-60 in
Title 18 of the Tukwila Municipal Code.
Section 4. Corrections by City Clerk or Code Reviser Authorized. 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 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 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 6. 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 , 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachments: Exhibit A — Table 18-6: Land Uses Allowed by District
Exhibit B — Map of Tukwila International Boulevard Study Area
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72
ATTACHMENT A - TABLE 18-6: LAND USES ALLOWED BY DISTRICT
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Contractor storage yards
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Convalescent & nursing homes & assisted living facility for not more
than twelve patients
Convalescent & nursing homes & assisted living facility for more than
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Correctional institutes
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Strander Blvd
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Dwelling — Detached single family (Includes site built, modul a or
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Dwelling- Duplex, triplex or fourplex ort , e up to ob A
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Dwelling -Townhouses
Dwelling —Multi -family
Dwelling— Multi -family units above office and re s
Dwelling—Senior citizen housing, including assisted living facility fo s
*see purpose section of chapter, uses sections, and development star).
Dwelling unit—Accessory 17
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Electrical Substation — Distribution
Electrical Substation — Transmission/Switching
Electric Vehicle Charging Station — Level 1 and Level 2
Electric Vehicle Charging Station — Level 3, battery exchange stations, and
rapid charging stations. (TMC 18.50.140)
Essential public facilities, except those uses listed separately in any of the
other zones
Extended -stay hotel/motcl
Farming and farm -related activities
Financial, banking, mortgage, other services
Fire & Police Stations
Fix -it, radio or television repair shops/rental shops
Fraternal organizations
Frozen food lockers for individual or family use
Garage or carport (private) not exceeding 1,500 sq.ft. on same lot as
residence and is subject to the regulations affecting the main b
Greenhouses (noncommercial) and storage sheds not excee
Greenhouses or nurseries (commercial)
Hazardous waste treatment and storage facilities (off-site) subj
compliance with state siting criteria (RCW Chapter 70.105) (See T 8)
Heavy equipment repair and salvage
Helipads, accessory
Home Occupation *see definition and acce�� �,
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Industries involved with etching, film process' ography,
printing and publishing
Internet Data/Telecommunication Centers
Landfills and excavations which the responsible official, a rsuant to
the State Environmental Policy Act, determines are significan onmental
actions
Manuf./Mobile home park'
Laundries; self -serve, dry cleaning, tailor, dyeing
Libraries, museums, or art galleries (public)
75
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Manufacturing and industrial uses that have little potential for creating off-
site noise, smoke, dust, vibration or other external environmental impacts or
pollution:
A) Manufacturing, processing and/or packaging pharmaceuticals
and related products, such as cosmetics and drugs
B) Manufacturing, processing and/or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes,
canvas, clay, clothing, fur, furniture, glass, ink, paint, paper,
plastics, rubber, tile, and wood
C) Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical
and dental equipment, photographic goods, measurement and
control devices, and recording equipment
D) Manufacturing, processing, packaging of foods, such as baked goods,
beverages, candy, canned or preserved foods, dairy products e •
byproducts, frozen foods, instant foods, and meats (no sl
i)) Fermenting and d' • c u•
ii)) No fermenting an ' ling
Manufacturing and industrial uses that have moderate to substantia
potential for creating off-site noise, smoke, dus _ • ther exter
environmental impacts:
A) Manufacturing, processing a embling c light
metals, plastics, solvents, s ood, coal, glass, e
textiles, fabrics, plaster, agricu roducts or animal
products (no rendering or slaugh
B) Manufacturing, processing and/or assem reviously
manufactured metals, such as iron and steel ion; steel
production by electric arc melting, argon oxygen , and
consumable electrode melting; and similar heavy in I uses
C) Manufacturing, processing and/or assembling of previous
metals including, but not limited to, stamping, dyeing, shearin
punching of metal, engraving, galvanizing and hand forging
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D) Manufacturing, processing, assembling and/or packaging of
electrical or mechanical equipment, vehicles and machines
including, but not limited to, heavy and light machinery, tools,
airplanes, boats or other transportation vehicles and equipment
E) Heavy metal processes such as smelting, blast furnaces,
drop forging or drop hammering
Manufacturing, refining or storing highly volatile noxious or explosive products
(less than tank car Tots) such as acids, petroleum products, oil or gas, matches,
fertilizer or insecticides; except for accessory storage of such materials
Marijuana producers, processors, or retailers (with state issued license)
Mass transit facilities
Medical and dental laboratories
21
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Mortician and funeral homes
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22
Movie theaters with more than 3 screens
Offices including: medical, dental, government (excluding fire a stations),1
professional, administrative, business, e.g. travel, real estate & c tial
Office or sample room for wholesale or retail sales, with less tha
storage or warehousing
Outpatient and emergency medical and d
Park & ride lots ��. �� ®�
Parking areas
Parking areas, for municipal uses and pomotions
Parks, trails, picnic areas and playgrounds (pu t not including
amusement parks, golf courses, or commercial re n
Pawnbroker
Planned Shopping Center (mall)
Plumbing shops (no tin work or outside storage)
Radio, television, microwave, or observation stations and t9N.
Railroad freight or classification yards
Railroad tracks (including lead, spur, loading or storage) �®
Recreation facilities (commercial — indoor) — athletic or health clubs
77
ATTACHMENT A - TABLE 18-6: LAND USES ALLOWED BY DISTRICT
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Retail sales, e.g. health/beauty aids/prescription drugs/
food/hardware/notions/crafts/supplies/housewares/electronics/
photo-equip/film processing/ books/magazines/stationery/
clothing/shoes/flowers/plants/pets/jewelry/gifts/rec. equip/
sporting goods, and similar items
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P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S = Special Permission (Administrative approval by the Director)
Recreation facilities (commercial — outdoor), including golf courses, golf
driving ranges, fairgrounds, animal race tracks, sports fields
Recreation facilities (public), including, but not limited to sports
fields, community centers and golf courses
Recreational area and facilities for employees
Religious facilities with an assembly area less than 750 sq.ft.
Religious facilities with an assembly area greater than 750 sq.ft. and
community center buildings
Religious facility and community center buildings
Removal and processing of sand, gravel, rock, peat, black soil and other
natural deposits together with associated structures
Rental of vehicles not requiring a commercial driver's license
Rental of commercial trucks and fleet rentals requiring a commercial
driver's license
Research and development facilities
Residences for security or maintenance personnel
Restaurants including drive through, sit down, cocktail lounges in
conjunction with a restaurant
Restaurants including cocktail lounges in conjunction with ant
Retail sales of furniture appliances, automobile parts and a ries,
liquor, lumber/bldg. materials, lawn & garden supplies, farm s
Retail sales as part of a planned mixed -us opment where at le
of gross leasable floor area development is use; no auto-orien
retail sales (e.g., drive-ins, service stations)
Rock crushing, asphalt or concrete batching or tone cutting,
brick manufacture, marble works, and the assemb ducts from
the above materials
Sales and rental of heavy machinery and equipment subject
landscaping requirements of TMC Chapter 18.52*
Salvage and wrecking operations ®1 ®® P
Salvage and wrecking operations which are entirely enclosed within a, g®
Schools and studios for education or self-improvement
79
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Schools, preschool, elementary, junior & senior high schools
(public), and equivalent private schools
29
Secure community transition facility
Self -storage facilities
Sewage lift station
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Stable (private)
Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened
pursuant to TMC Chapter 18.52
Storage (outdoor) of materials is permitted up to a height of 20 feet
with a front yard setback of 25 feet, and to a height of 50 feet with a
front yard setback of 100 feet; security required
Storm water - neighborhood detention + treatment facilities
Storm water pump station
Studios — Art, photography, music, voice and dance
Taverns, nightclubs
Telephone exchanges
Theaters, except those theaters which constitute "adult
entertainment establishments" as defined by this Zoning Code
Tow -truck operations, subject to all additional State and local r- a 'ons
Transfer stations (refuse and garbage) when operated by a public =!
Truck terminals
Utilities, regional
Vehicle storage (no customers onsite, de elude park -an: -rations
Warehouse storage and/or wholesale ' Q tion facilities
Water pump station
Water utility reservoir and related facilities
Wireless Telecommunications Facilities (*see T 18.58)
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City of Tukwila
City Council Planning & Economic Development Committee
Meeting Minutes
November 16, 2020 - 5:30 p.m. - Electronic Meeting due to COV/D-19 Emergency
CouncilmembersPresent: Thomas McLeod, Chair; Kathy Hougardy, Zak Idan
David Cline, Jack Pace, Minnie Dhaliwal, Lynn Miranda, Derek
Speck, Brandon Miles, Laurel Humphrey
Staff Present:
Chair McLeod called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Ordinance: Permitted Development in Tukwila International Boulevard Study Area
Staff is seeking Council approval of an ordinance to amend the Zoning Code to update
regulations related to certain auto -oriented and lodging uses in the Neighborhood
Commercial Center (NCC) and Regional Center (RC) districts located in the TIB study area. The
Planning Commission did not reach consensus on four land use categories, and the Committee
decided against making a recommendation.
Committee Recommendation
No recommendation. Forward to November 23, 2020 Committee of the Whole for Public
Hearing.
B. Resolution: Consolidated Permit Fee Schedule
Staff is seeking Council approval of a resolution to adopt Public Works, Land Use and Building
Permit fee schedule.
Committee Recommendation
Unanimous approval. Forward to November 23, 2020 Committee of the Whole.
C. Residential Rental Housing Licensing and Inspection Program - Update & Resolution
Staff is seeking approval of a resolution to adopt a Residential Rental Business License &
Inspection Program fee schedule.
Item(s) requiring follow-up:
Add provision waiving 2019 outstanding fees for property owners who become up to date on
their license and inspection by September 2021.
Committee Recommendation
Unanimous approval as amended. Forward to November 23, 2020 Committee of the Whole
87