HomeMy WebLinkAboutPermit PL13-0050 - MRFH LLC - ODIN BREWERY DEVELOPMENT AGREEMENTODIN BREWERY DEVELOPMENT AGREEMENT
402 BAKER BLVD
PL13-0050
L13-0047
Return Address:
CITY CLERK
CITY OF TUKWILA
6200 Southcenter Blvd.
Tukwila, WA 98188
II I III 111111 II I 11 111 I 11 1
20140626000144
CITY OF TUKWIL ORD 88.00
PAGE -001 OF 017
06/26/2014 08:59
KING COUNTY, WA
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1. City of Tukwila Ordinance No. 2432 2.
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ANDOVER INDUSTRIAL PARK #2 W 172 FT OF S 190 FT
ANDOVER INDUSTRIAL PARK #2 E 78 FT OF W 250 FT OF S 190 FT
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City of Tukwila
Washington
Ordinance No. un a
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, APPROVING AND AUTHORIZING
THE PROPOSED 402 BAKER BOULEVARD DEVELOPMENT
AGREEMENT WITH MRFH, LLC, A WASHINGTON LIMITED
LIABILITY COMPANY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, MRFH, LLC, desires to site a beverage manufacturing business at 402
Baker Boulevard, a project referred to as "Odin Brewery;" and
WHEREAS, the use contemplated by this development proposal is not directly
addressed by the Tukwila Municipal Code; and
WHEREAS, MRFH, LLC, desires to make improvements to the property that
exceed the current Tukwila Municipal Code requirements; and
WHEREAS, the City of Tukwila and MRFH, LLC, wish to enter into a Development
Agreement for the 402 Baker Boulevard development, a copy of which is attached
hereto as Exhibit A; and
WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a
public hearing was conducted on the 24th day of February 2014 to take public testimony
regarding this Development Agreement, as proposed; and
WHEREAS, the City Council, pursuant to City Ordinance No. , approved this
Development Agreement as proposed and authorized execution of this Development
Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Development Agreement. The 402 Baker Boulevard Development
Agreement by and between the City of Tukwila and MRFH, LLC, a copy of which is
attached hereto as Exhibit A, is hereby approved, and the Mayor is authorized and
directed to execute said Development Agreement on behalf of the City of Tukwila.
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Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsectipn numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. Thisl 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 COUNCIJE OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this ra( day of (Y\arc ll , 2014.
ATTEST/AUTHENTICATED:
rF
Christy O'Fla rty, MC, City Cle
APPROVED AS FORM BY:
Shelley M. Kerslake,'City Attorney
Exhibit A — Development Agreement
aggerton,��ror
Filed with the City Clerk: a_31, -/v
Passed by the City Council3 -S 41/
Published: --
Effective Date: 3
Ordinance Number:
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14.058
EXHIBIT A Council Approval 3/3114
Ordinance No. 2432
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF TUKWILA AND MRFH, LLC, FOR THE 402 BAKER
BOULEVARD DEVELOPMENT
1THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this
1,1 day of 9 n ` by and between the City of Tukwila ("City), a non -charter,
optional code Washiton municipal corporation, and MRFH, LLC ("MRFH"), a Washington
limited liability company.
I. RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of
development agreements between a local government and a person having ownership or control
of real property within its jurisdiction pursuant to RCW 36.70B170, and Tukwila Municipal
Code (TMC) Chapter 18.86 allows for development agreements to respond to changing
community needs and to adequately achieve the purpose of the provisions of the TMC; and
WHEREAS, MRFH intends to develop the interior and provide exterior improvements to
an existing building to accommodate a microbrewery that would comprise approximately 10,500
square feet of manufacturing and storage space, 600 square feet of business office space, and
1,734 square feet for a public tasting room and retail space; and
WHEREAS, the project site lies within an area zoned Tukwila Urban Center (TUC). The
City's Comprehensive Plan for this area envisions this area as a high-density, regionally -
oriented, mixed-use center having walkable, as well as auto -oriented, shopping and
entertainment districts, and having recreational opportunities for business people, residents, and
visitors; and
WHEREAS, the type of use proposed by MRFH is not directly addressed by the TMC
and is a hybrid use which is desirable to the urban environment envisioned by the City's
Comprehensive Plan; and
WHEREAS, the complexity of transforming a suburban pattern of development to a more
urban one is such that change cannot be expected or required to happen all at once. More likely,
the majority of the development within Southcenter over the next 20 years will be as a result of
market-driven renovations, such as the MRFH proposal, and expansions rather than entirely new
construction; and
WHEREAS, it is not the intent of the City to discourage such redevelopment, as new
investment should enhance the image and appeal of the area. Instead, the City's strategy is to
move forward in phases, leading with public investments and implementing a set of regulations
that condition redevelopment and result in incremental changes to the urban Form that are in
alignment with the community's long-term vision. Over time, these changes will serve as a
D r� oAa
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framework, catalyst, and attractor for the types of development envisioned for the urban center.
This redevelopment of the existing building and site will serve as the type of amenity and
attraction desired by current and future residents, workers and visitors in the Southcenter area;
and
WHEREAS, as part of the MRFH proposal, it will enhance the overall image and
architectural design gµality of the Southcenter area, and contribute towards the pedestrian
orientation of Baker Boulevard by improving the streetscape via wider sidewalks and
landscaping, making access management improvements, and providing safe pedestrian pathways
through the parking lot by connecting the building's public entrance to the street edge; and
WHEREAS, this project is located in the northern part of Southcenter, in a core area
envisioned as a growing transit -supportive mixed-use neighborhood with residential, office,
retail, and entertainment uses; and
WHEREAS, the project site is located on Baker Boulevard, the high priority corridor for
the City that provides a more direct, walkable route via the planned pedestrian bridge over the
Green River, connecting the Mall and future Transit -Oriented Development neighborhood to the
Tukwila Sounder Commuter Rail/Amtrak Station; and
WHEREAS, the Southcenter Element of Tukwila's Comprehensive Plan encourages
establishing a pedestrian -oriented environment through site planning, streetscape design, and
improvements to the Urban Center's network of streets, trails, and sidewalks; and this project
will further the community's vision of a pedestrian friendly, walkable neighborhood by
constructing public frontage improvements, including landscaping, along Baker Boulevard and
implementing access management strategies; and
WHEREAS, the Southcenter Element of Tukwila's Comprehensive Plan calls for
ensuring that pedestrians have safe, convenient, and comfortable paths from adjacent public
ways through large parking lots to key building entrances, and the project's site design and
pedestrian improvements implement this policy; and
WHEREAS, the Southcenter Element of Tukwila's Comprehensive Plan promotes high
quality architecture in Southcenter, and the project's architectural design improvements to the
existing building's facade will be of high quality and will improve the image of Baker
Boulevard, the Southcenter area, and identity for the entire City, thereby having the potential to
attract further high quality development; and
WHEREAS, a development agreement must be approved by ordinance or resolution
after a public hearing; and
WHEREAS, a public hearing for this Agreement was held on February 24, 2014, and the
City Council approved this Agreement by Ordinance No. 2432 ; and
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WHEREAS, the Agreement constitutes a final land use action pursuant to RCW
36.70C.020 and is subject to review pursuant to RCW 36.70C.101 et seq.
NOW, THEREFORE, ii consideration of the mutual promises set forth herein and the
long-term benefit to both the City and MRFH, the parties hereby agree as follows:
II. AGREEMENT
Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals are
true and correct to the best of their knowledge and are incorporated by this reference as though
fully set forth herein.
Section 2. Project Description. The project is referred to as "Odin Brewery" and
involves a remodel of an existing 12,825 -square -foot building previously used for
manufacturing, storage and business offices for a glass manufacturing and retail business. This
project is located at 402 Baker Boulevard on a parcel 53,504 square feet in size within the
Southcenter area, Tukwila's Urban Center, and is identified on Exhibit 1, Project Site Map. The
anticipated use of the property includes the manufacturing and storage of beer, a business office,
and a small tasting room and retail outlet open to the public, as well as related parking facilities.
Redevelopment will consist of tenant improvements, exterior building/architectural
improvements, and site improvements.
Current zoning regulations govern the manufacturing of beverages and the location of
brew pubs. This microbrewery use is not contemplated by the TMC. However, TMC Chapter
18.86 allows the City to use development agreements to provide flexibility to achieve public
benefits and respond to changing community needs.
Section 3. Statement of Authority and Intent. This agreement is entered into pursuant
to the authorization of RCW 36.70B.170 and TMC Chapter 18.86 and is intended and designed
to vest this Project under current Governing Regulations, subject to Section 4 herein
(Development Standards), for the Vesting Period. Unless this Development Agreement is sooner
terminated in accordance with Section 9 hereof, the Vesting Period shall be for a period of three
(3) years commencing on the Effective Date (the "Vesting Period ").
Section 4. Development Standards: Conditions.
4.1 Intent. The intent of the Development Agreement is to allow the site to, be used
as a microbrewery. This use, when combined with a tasting room and outdoor seating, furthers
the community's vision for Baker Boulevard as an active, pedestrian -oriented corridor serving a
future mixed use, higher density neighborhood, and connecting the Mall, bus transit center, and
future pedestrian bridge over the Green River with the Tukwila Sounder Commuter Rail/Amtrak
Station. In turn, project -related improvements will enhance the overall image and architectural
design quality of the Southcenter area, and contribute towards the pedestrian orientation of Baker
Boulevard by improving the streetscape via wider sidewalks and landscaping, making access
management improvements, and providing safe pedestrian pathways through the parking lot by
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connecting the building's public entrance to the street edge (See Exhibit 2, Preliminary Site
Plan). These access, public frontage, site, and architectural design improvements will be further
refined during the building permit review process.
4.2 Application of Development Standards. Pursuant thereto and during the
Effective Period, the provisions of this Section 4 set forth the development standards that differ
from or supplement, those standards set forth in the City's development regulations.
(Accordingly, the following development standards shall 'apply to and govern and vest the
development and use of the Project in lieu of any conflicting or different standards or
requirements elsewhere in the TMC.
I �
4.3 Permitted Uses. In addition to those uses permitted in the TUC district in TMC
Chapter 18.28, a microbrewery is allowed, providing it meets the following criteria:
4.3.1 Sells beer for consumption on site and for sale in sealed containers;
4.3.2 Produces no more than 15,000 barrels of beer annually; and
4.3.3 Utilizes an air treatment system and/or other machinery so that the brewery
meets Puget Sound Clean Air Agency Regulations regarding odors, and that the brewing process
does not cause off-site impacts on neighboring properties or create a public nuisance.
4.4 Access and Public Frontage Improvements. MRFH will improve the streetscape,
walkability, and accessibility by reducing curb cuts, widening the public sidewalk, and adding
street trees. These improvements will be made prior to the issuance of a Certificate of
Occupancy.
4.4.1 The site currently has three driveways. The project will close the middle
driveway and relocate the western driveway to the west lot line, creating a common driveway
with the adjacent parcel.
4.4.2 MRFH will construct a 15 -foot sidewalk, extending from back of existing
curb, running the length of the property, and tying into the 15 -foot sidewalk on the east side of
the property. Where the sidewalk crosses driveways, the sidewalk shall continue across the
driveway at the same elevation or `level'; the driveway shall not "break" the sidewalk network.
4.4.3 MRFH will install new street trees and landscaping on the new public
sidewalk on Baker Boulevard. Street tree species will be agreed upon by the City and the
developer, and will be planted in landscaped tree wells a minimum 36 square feet in size, located
at back of curb. Trees shall be spaced every 20-30 feet, depending on species and location of
underground or at -ground utilities and considering the proximity of existing trees on either side
of project.
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4.5 Site Improvements. The project will construct a 15 -foot -wide plaza adjacent to
the south face of the building that will provide an outdoor seating area away from the street. In
addition, the project will construct a wooden fence to screen an outdoor patio located adjacent to
the tastin room. The back side of the project site shall be fenced with gates for additional
security. A raised crosswalk will connect the public sidewalk to the building's public entrance,
providing safe pedestrian access through the parking lot.
4.6 Architectural Desi
Standards/Improvements.
4.6.1 Transparency. The project will increase transparency in the area between
the height of 2 and 10 feet (minimum) along the length of the building facade that faces Baker
Boulevard. Darkly tinted glass, mirrored glass, and glass covered by screening sheets, white, dor
UV protection film will not be used.
4.6.2 Facade Articulation and Modulation. The project will incorporate facade
articulation and modulation features that minimize the appearance of the building's length and
height and add visual interest. Feaiures will include:
(a) Change in building materials or color;
(b) Landscaping; and
(c) Other alternatives that meet the intent.
Section 5. Major and Minor Amendments — Development Agreement. All proposed
amendments to the Development Agreement shall be considered in accordance with this Section
5.
5.1 Process. Minor modifications from the approved permits or to the architectural
design may be approved in accordance with the provisions of the City's code, and shall not
require an amendment to this Agreement. The Mayor may approve any other Minor
Amendments to the Development Agreement proposed by the City or Developer and mutually
agreed to by the Parties. Such approval shall be in writing and the resulting amendment shall be
incorporated into this Development Agreement as an amendment pursuant to Section 5 hereof.
The City Council may approve Major Amendments to the Development Agreement in
accordance with the same process for approval of the Development Agreement. A Major
Amendment to the Development Agreement approved by the City Council, and mutually agreed
to by the Parties, shall be incorporated into this Development Agreement as an amendment
pursuant to Section 5 hereof.
5.2 Minor Amendment Defined. A proposed amendment to the Development
Agreement shall be considered a minor amendment if the proposed amendment does not modify
the Governing Regulations or Section 4 (Development Standards; Conditions) hereof, does not
materially modify the size or scope of the Project, and does not modify the Vesting Period or
term of this Development Agreement.
Page 5 of 12
5.3 Major Amendment Defined. A proposed amendment to the Development
Agreement shall be considered a Major Amendment if the proposed amendment does not
constitute a Minor Amendment.
5.4 Determination. An application for a Minor Amendment shall be made to the
Mayor. The application shall describe the proposed Minor Amendment in sufficient detail such
that the Mayor can determine whether or not the proposal qualifies as a Minor Amendment. If
the application does not provide sufficient information, the Mayor may request additional
information from the Developer or reject the application. Upon receipt of sufficient information
to determine if the proposal set forth in the application constitutes a Minor Amendment, the
Mayor shall determine if the proposal constitutes a Minor Amendment. In the event that the
Mayor determines that the proposed amendment is a Minor Amendment, the Minor Amendment
may be administratively approved by the Mayor. In the event that the Mayor determines that the
proposal constitutes a Major Amendment, the Developer shall submit the proposal in accordance
with the same process for approval of a Development Agreement, withdraw its proposed
amendment, or modify and re -submit its proposed amendment. The determination of the Mayor
shall be a final decision.
Section 6. Further Discretionary Actions. Developer acknowledges that, the
Governing Regulations contemplate the exercise of further discretionary powers by the City.
These powers include, but are not limited to, review of permit applications under SEPA.
Nothing in this Development Agreement shall be construed to limit the authority or the
obligation of the City to hold legally required public hearings, or to limit the discretion of the
City and any of its officers or officials in complying with or applying Governing Regulations and
the development standards and conditions set forth in Section 4 hereof.
Section 7. Existing Land Use Fees and Impact Fees. Generally applicable land use
fees and impact fees adopted by the City by resolution or ordinance as of the Effective Date of
this Agreement may be increased by the City from time to time, and applicable to permits and
approvals for the Subject Property.
Section 8. Specific Performance. The Parties specifically agree that damages are not an
adequate remedy for breach of this Development Agreement, and that the parties are entitled to
compel specific performance of all material terms of this Development Agreement by any party
in default hereof.
Section 9. Termination. This Development Agreement shall expire and/or terminate on
the earlier of the termination/expiration provisions set forth as follows:
9.1 This Agreement shall expire and be of no further force and effect if the
development contemplated in this Agreement and all of the permits and/or approvals issued by
the City for such development are not substantially underway prior to expiration of such permits
and/or approvals. Nothing in this Agreement shall extend the expiration date of any permit or
approval issued by the City for any development.
Page 6 of 12
9.2 This Agreement shall terminate either upon the expiration of the Vesting Period
identified in Section 3 above or when the Subject Property has been fully developed and all of
the Developer's obligations in connection therewith are satisfied as determined by the City,
whichever first occurs.
9.3 Upon the abandonment of the Project by the Developer. The Developer shall be
deemed to have abandoned the Project if a building permit for construction of the building
approved iri this Agreement is not submitted to the City within two years of the date of this
Agreement.
Upon termination of this Agreement, the City shall record a notice of suchtermination in
a form satisfactory to the City Attorney that the Development Agreement has been terminated.
Section 10. Assignment and Assumption. The Developer shall have the right to sell,
assign or transfer this Agreement with all their rights, title and interests therein to any person,
firm or corporation at any time during the term of this Agreement. Developer shall provide the
City with written notice of any intent to sell, assign, or transfer all or a portion of the Subject
Property, at least 30 days in advance of such action.
Section 11. Covenants Running With the Land; Recording. The conditions and
covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall
run with the land and the benefits and burdens shall bind and inure to the benefit of the parties.
The Developer, Landowner and every purchaser, assignee or transferee of an interest in the
Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this
Development Agreement, and shall be the beneficiary thereof and a party thereto, but only with
respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such
purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations
of a Developer contained in this Development Agreement, as such duties and obligations pertain
to the portion of the Subject Property sold, assigned or transferred to it.
Section 12. Amendment to Agreement; Effect of Agreement on Future Actions.
This Agreement may be amended by mutual consent of all of the parties, provided that any such
amendment shall follow the process established for Major and Minor Amendments as set forth in
Section 5 hereof.
Section 13. Releases. Developer, and any subsequent Landowner, may free itself from
further obligations relating to the sold, assigned, or transferred property, provided that the buyer,
assignee or transferee expressly assumes the obligations under this Development Agreement as
provided herein.
Section 14. No Third -Party Beneficiary. This Development Agreement is made and
entered into for the sole protection and benefit of the parties hereto and their successors and
assigns. No other person shall have any right of action based upon any provision of this
Development Agreement.
Page 7 of 12
Section 15. Interpretation. The Parties intend this Agreement to be interpreted to the
full extent authorized by law as an exercise of the City's authority to enter into development
agreements pursuant to RCW 36.70B.170 et seq., and this Agreement shall be construed to
exclude from the scope of this Development Agreement and to reserve to the City, only that
police power authority which is prohibited by law from being subject to a mutual agreement with
consideration. This Development Agreement has been reviewed and revised by legal counsel for
both parties, and no presumption or rule construing ambiguity agai st the drafter of the
document shall apply to the interpretation or enforcement of this Developent Agreement.
Section 16. Notice. All communications, notices, and demands of any kind that a party
under this De 'elopment Agreement requires or desires to give to any dther Party shall be in
writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional
copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return
receipt requested, and addressed as follows:
If to the City:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Attn: Mayor's Office
General: 206-433-1850
Fax: 206-433-7191
With a copy to:
City Attorney
City of Tukwila
Kenyon Disend, PLLC
11 Front Street South
Issaquah, Washington 98027-3820
General: 425-392-7090
Fax: 425-392-7071
If to Developer to:
Kidder Mathews
Attn: Alan D. Robertson
12886 Interurban Avenue South
Tukwila, WA 98168
General: 206-248-7300
Fax: 206-248-7342
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the
mail, notice shall be deemed delivered 48 hours after deposited. Any party' at any time by notice
to the other party may designate a different address or person to which such notice or
communication shall be given.
Page 8 of 12
Section 17. Excusable Delay (Force Majeure). In addition to specific provisions of
this Development Agreement, and notwithstanding anything to the contrary in this Development
Agreement, neither Party shall be in default in the performance or the failure of performance of
its obligations under this Development Agreement, or in the delay of its performance, where
such failure or delay is due to war, insurrection, strikes, lock -outs or other labor disturbances,
one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes,
fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or
failures of performance by any governmental authority or utility company (so long as the Party
seeking the extension has adequately complied with the applicable processing requirements of
such governmental authority or utility company), delays resulting from changes in any applicable
laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any
governing body with jurisdiction, delays resulting from the weather or soils conditions which
necessitate delay, delays resulting from litigation (including suits filed by third parties
concerning or arising out of this Development Agreement) or any other cause (lack of funds of
Developer, Developer's inability to finance the construction of the Development, and
Developer's inability to lease the Improvements, are not causes beyond the reasonable control or
without the fault of Developer) beyond the reasonable control or without the fault of the Party
claiming an extension of time to perform or an inability of performance. The extension of time
for any cause shall be from the time of the event that gave rise to such period of delay until the
date that the cause for the extension no longer exists or is no longer applicable, in each case as
evidenced by a notice from the Party claiming the extension. An extension of time for the
duration of such event will be deemed granted if notice by the Party claiming such extension is
sent to the other as to any of the above causes other than Permit Delays, within 10 days from the
commencement of the cause and such extension of time is not rejected in writing by the other
Party within 10 days of receipt of the notice (such extension of time is referred to herein as
"Force Majeure"). Times for performance under this Development Agreement may also be
extended in writing by the City and Developer in accordance with Section 5 herein.
Section 18. Indemnification. Except as otherwise specifically provided elsewhere in
this Development Agreement and any exhibits hereto, each party shall protect, defend, indemnify
and hold harmless the other party and their officers, agents, and employees, or any of them, from
and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any
nature whatsoever, which are caused by or result from any negligent act or omission of the
party's own officers, agents, and employees in performing services pursuant to this Development
Agreement. In the event that any suit based upon such a claim, action, Loss, or damage is
brought against a Party, the Party whose negligent action or omissions gave rise to the claim
shall defend the other party at the indemnifying party's sole cost and expense; and if final
judgment be rendered against the other party and its officers, agents, and employees or jointly
the Parties and their respective officers, agents, and employees, the Parties whose actions or
omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent
negligence, each Party shall indemnify and hold the other Parties harmless only to the extent of
that party's negligence. The indemnification to the City hereunder shall be for the benefit of the
City as an entity, and not for members of the general public.
Page 9 of 12
Section 19. Applicable Law and Attorneys' Fees. This Development Agreement shall
be construed and enforced in accordance with the laws of the State of Washington. If litigation
is initiated to enforce the terms of this Development Agreement, the prevailing Party shall be
entitled to recover its reasgnable attorneys' fees and costs from the non -prevailing Party. Venue
for any action shall lie in King County Superior Court or the U.S. District Court for Western
Washington.
Section 20. Third Party Legal Challene. In the event any legal action or special.
proceeding is commenced by any person or entity other than a Party, or successor or assign of
Developer, to challenge this Development Agreement or any provision herein, the City may elect
to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or
successor(s) or assign(s). In such event, Developer and/or such successor(s) or assign(s) shall
hold the City harmless from and defend the City from all costs and expenses incurred in the
defense of such lawsuit or individual claims in the lawsuit, including but not limited to,
attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties
in such litigation. The Developer and/or such successor(s) or assign(s) shall not settle any
lawsuit without the consent of the City. The bity shall act in good faith and shall not
unreasonably withhold consent to settle.
Section 21. Severability. If any phrase, provision or section of this Development
Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or
if any provision of this Development Agreement is rendered invalid or unenforceable according
to the terms of any statute of the State of Washington which became effective after the effective
date of the ordinance adopting this Development Agreement, and either party in good faith
determines that such provision or provisions are material to its entering into this Development
Agreement, that party may elect to terminate this Development Agreement as to all of its
obligations remaining unperformed.
Section 22. Authority. Each, Party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Agreement on the terms and
conditions herein stated, and to deliver and perform its obligations under this Agreement.
Section 23. Exhibits and Appendices Incorporated. Each exhibit attached hereto or
referenced is incorporated herein by such reference as if fully set forth herein.
Section 24. Headings. The headings in this Development Agreement are inserted for
reference only and shall not be construed to expand, limit or otherwise modify the terms and
conditions of this Agreement.
Section 25. Time of the Essence. Time is of the essence of this Agreement and of every
provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall
mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of
Washington, then the time period shall be extended automatically to the next business day.
Section 26. Dispute Resolution Process. The parties shall use their best efforts to
resolve disputes arising out of or related to this Agreement using good faith negotiations. If the
Page 10 of 12
dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle
the dispute through mediation before resorting to litigation. The fees for mediation will be borne
equally by the parties.
Section 27. Entire Agreement. This Development Agreement represents the entire
agreement of the parties with respect to the subject matter hereof. There are no other
agreements, oral or written, except as expressly set forth herein and this Agreement supersedes
all previous agreements, oral or written.
AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to
the Terms of this Development Agreement by signing below:
CITY:
Attest:
By:
CITY OF TUKWILA, a municipal corporation
By:
Christy O'Fla`herty, MMC, City Cle
Approved As To Form:
By:
A_ Shelley M. Kerslake, City Attorney
DEVELOP
MRFH,
• By:
Mike Flory, M. aging Member
Page 11 of 12
STATE OF WASHINGTON )
COUNTY OF
)ss
On jam` , 204 , before me, the undersigned, a Notary Public, personally
appeared JIM HAGGERTON, personally known to me (or proved to me on the basis of
satisfactory evidence) as theF person whose name is subscribed to the within instrum?nt, and
acknowledged to me that he executed the same in his authorized capacity as MAYOR OF THE
CITY OF TUKWILA, and that by his signature on the instrument the entity upon behalf of
which he acted, executed thel instrument.
14,
STATE OF WASHINGTON )
COUNTY OF
)ss
WITNESS my hand and official seal.
Printed Name:
t Q`
NOTARY PUBLI i and ttveiSir of Wash' gton,
residing at
9j2 J
My commission expires:
On Ina U 1 , 20 <<) , before me, the undersigned, a Notary Public, personally
appeared i Flo( , personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the entity upon behalf of which he acted, executed the
instrument.
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EXHIBITS:
Exhibit 1 — Project Site Map
Exhibit 2 — Preliminary Site Plan
'WITNI�v hand and official seal.
Printed Nam
NOTARY P
sidin
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LIC, in and for the State of Washington,
PC, uA
My commission expires:
Page 12 of 12
Exhibit 1
Project Site Map
402 Baker Boulevard
EXISTING BUILDING
NEW LS ENDS HERE
60' SETBACK LINE
PER RAF 71/68-69
4E10.00' CALC'D
V
BUILDING
509 •29•27 E 250.01•
T.P.1Rl 9777198970
EXIST. SCREEN FENCE
T.P. f8Q 97921100036
BUILDING
ALL IS
ON LINE
EXIST. COVERED STORAGE
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RELOCATE EXIST. FLAG POLE
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EXISTING BUILDING
BUILDING DATA:
OFFICE AREA = 600sf
MANUFACTURING = 9,585sf
STORAGE = 630sf
—TASTING / RETAIL = 1,130sf
TASTING ROOM = 880sf
TOTAL BUILDING AREA = 12,825sf
PARKING:
PRODUCTION OFFICE AREA @ 3/1,000 = 2
MANUFACTURING @ 1/L000 = 10
TASTING ROOM @ 1/100 = 20
TOTAL PARKING REQUIRED = 32
TOTAL PARKING SHOWN = 33
ZONING CODE DATA:
CODE: 2012 EIBC
ZONE: TUC
CONSTRUCTION TYPE: III 8 --SPRINKLERED
OCCUPANCY TYPE: 8 & F & A-2
SITE AREA: 53,504sf
LANDSCAPING
6' FRONT AREA LANDSCAPE
0' SIDE AREA LANDSCAPE
LEGAL DESCRIPTION:
SEE SHEET C1.1
SHEET INDEX
A 1.0 SITE PLAN/SHEET INDEX/CODE DATA
A 2.0 EXISTING FLOOR PLAN
A 2.1 FLOOR PLAN
A 2.2 LIFE SAFETY PLAN & EXIT PLAN
A 2.3 REFLECTED CEILING PLAN
A 3.0 ELEVATIONS
A 4.0 WALL SECTIONS
A 4.1 WALL SECTIONS
A 5.0 SCHEDULES
--8.0 RESTROOMS
L1.1 LANDSCAPE PLANTING PLAN
C 1.1 PAVING PLAN
C 1.2 DEMO/EROSIN CONTROL PLAN
C 1.3 CML PLAN
C 1.4 CML DETAILS & NOTES
C 1 ROAD PLAN
C 2 ROADWAY DETAILS
C 3 ROADWAY NOTES
BASIS OF BEARING
5913.25 27"E 1000.95NEAS.
(10137.00' PLAT)
BAKER BOULEVARD
-maw ROAONA0•
CDNfL C'
Exhibit 2 - Preliminary Site Plan
SCALE: 1"= 20'
20 <O'
r
ENLARGED H. C. PARKING
Ordinance No. 2432
Adopted 313/14
"Odin Brewery Development Agreement
p
(402 Baker Boulevard) "
#20140626000144 is a re-recorded document to include the
following exhibits:
Exhibitl: Project Site Map
Exhibit 2: Preliminary Site Plan
(Previous recorded document is #20140603000444 which is
incomplete.)
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2432-2434.
On March 3, 2014 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2432: AN ORdINANCE OF THE CITY COUNCIL OF THE CITY OF1
TUKWILA, WASHINGTON, APPROVING AND AUTHORIZING THE PROPOSED 402
BAKER BOULEVARD DEVELOPMENT AGREEMENT WITH MRFH, LLC, A
WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2433: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2384 §3, AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTION 16.60.020, TO REVISE REQUIREMENTS FOR
DESIGNATION OF LANDMARKS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2434: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1363 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 8.08.040, "FALSE ALARM —
FINES," TO INCREASE FINES RELATING TO FALSE ALARMS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: March 6, 2014
STUCCO ON CMU -
90 S.F. SIGNAGE
PLAZA AREA PLAN
I -BEAM COLOR 3
ARM MOUNTED LIGHT STEEL
COLOR 1 COLUMNS
COLOR 3
METAL ROOFING
au -LAM BEAMS - STAIN
METAL RIB SIDING
COLOR 2
LANDSCAPING
WOOD SCREEN PENCE
'vl
COLOR 2 CMU
ODIN BREWERY
BAKER BLVD.
TUKWILA, WASHINGTON
COLOR 1
STUCCO COLOR 4
SOUTH BUILDING FACADE
30" SQUARE STACK STONE PIERS
NEW STOREFRONTS -
MATCH EXISTING GLASS
LANCE MUELLEO L ASSOCIATES
C M I T■ C T. • A I A
00
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
02/24/14
LM
400/47
I,111
03/03/14
LM
•
?Motion
Date
❑ Resolution
Aftg Dane
I Ordinance
❑ Bid Award
Mtg Date
►1 Public Healing
❑ Other
AltsDate
Mtg Date
Mtg
Aftg Date 03/03/14
ITEM INFORMATION
ITEM No.
3 &4.A.
1
STAFF SPONSOR: LYNN MIRANDA
ORIGINAL AGENDA DATE: 2/24/14
AGENDA TE,M TITLE Odin
Brewery Development
Agreement
(DA)
CATEGORY Discussion
02/24/14
•
?Motion
Date
❑ Resolution
Aftg Dane
I Ordinance
❑ Bid Award
Mtg Date
►1 Public Healing
❑ Other
AltsDate
Mtg Date
Mtg
Aftg Date 03/03/14
Mbftg Date 02/24/14
SPONSOR ❑ Council ❑ Mayor ❑ HR ' DCD ❑ Finance ❑ Fire ❑ IT ❑ Pell ❑ Pohce ❑ Pr
SPONSOR'S The City Council is being asked to approve a DA between the City and MRFH LLC which
SUMMARY would permit Odin Brewery to locate in the TUC District and produce up to 15,000 barrels
of beer annually, with conditions. The DA also establishes architectural and site
improvements that exceed the current code requirements but would be implemented by
the applicant. Council is being asked to hold a public hearing and discuss the DA this
evening, then forward it the Regular meeting on March 3.
RI VIEWED B1' ❑ COW Mtg.
❑ Utilities Cmte
DATE: 2/11/14
►1
CA&P Cmte
❑ F&S Cmte ❑ Transportation Cmte
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: DUFFIE
❑ Arts 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
2/24/14
MTG. DATE
ATTACHMENTS
2/24/14
Informational Memorandum dated 2/4/14
Draft Ordinance adopting Development Agreement for 402 Baker Blvd (Odin Brewery)
Draft Development Agreement between the City of Tukwila and MRFH LLC
Minutes from the Community Affairs and Parks Committee meeting of 2/11/14
3/3/14
1
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks
FROM: Jack Pace, DCD Director
BY: Lynn Miranda, Senior Planner
DATE: 4 February 2014
SUBJECT: Odin Brewery Development Agreement
ISSUE
Should the City Council approve the proposed Development Agreement that would allow Odin
Brewery to locate within the TUC District?
BACKGROUND
MRFH LLC is proposing to locate a microbrewery at 402 Baker Boulevard. The project involves
a remodel of an existing building previously used for a glass manufacturing and retail business.
The proposed use includes the manufacturing of beer (up to 15,000 gallons annually), a
business office, related parking facilities, and a 1,734 square foot tasting room and retail outlet
open to the public. Redevelopment will consist of tenant improvements to the existing building,
as well as exterior building/architectural and site improvements that exceed current code
requirements.
The project site is located within the Tukwila Urban Center (TUC) District. Current zoning
regulations for this district allow brew pubs (producing up to 2,500 gallons beer/year) but
exclude the manufacturing of foods involving fermenting (e.g., a Targe scale brewery). The type
and scale of use proposed by MRFH is not directly addressed by the TMC but is desirable in the
urban environment envisioned in the Southcenter area by the City's Comprehensive Plan. When
combined with a tasting room and outdoor seating, this use furthers the community's vision for
Baker Boulevard as an active, pedestrian -oriented corridor serving a future mixed use, higher
density neighborhood connecting the Mall, bus transit center, and future pedestrian bridge over
the Green River with the Tukwila Sounder Commuter Rail/Amtrak Station. This project will serve
as the type of amenity and attraction desired by current and future residents, workers, and
visitors in the Southcenter area.
TMC 18.86 allows the City to use development agreements to provide flexibility to achieve
public benefits and respond to changing community needs. Approval of this development
agreement would allow Odin Brewery to locate within the Urban Center and produce up to
15,000 barrels of beer annually.
DISCUSSION
The Development Agreement contains the following criteria which must be met in order for a
Microbrewery to be a permitted use in the TUC District:
• sells beer for consumption on site and for sale in sealed containers;
• produces no more than 15,000 barrels of beer annually; and
• utilizes an air treatment system and/or other machinery so that the brewery meets Puget
Sound Clean Air Agency Regulations regarding odors, and that the brewing process does
not cause off-site impacts on neighboring properties or create a public nuisance. (This
goes beyond what is normally required to address odors.)
INFORMATIONAL ME1vrO
Page 2
In support of the Southcenter Element of the City's Comprehensive Plan, the applicant has
agreed to project -related improvements that will;
• enhance the overall image and architectural design quality of the Southcenter area by
incorporating facade improvements that minimize the appearance of the building's length
and height and add visual interest;
• contribute to the pedestrian orientation of Baker Boulevard by constructing wider
sidewalks with landscaping that matches the adjacent public frontage;
• make access management improvements on Baker Boulevard by reducing curb cuts and
combining driveways; and
• provide safe pedestrian pathways through the parking lot by connecting the building's
public entrance to the street edge with a raised crosswalk.
These access, public frontage, site, and architectural design improvements will be further
refined by staff during the building permit review process.
FINANCIAL IMPACT
None.
RECOMMENDATION
The Committee is being asked to forward the ordinance to the February 24, 2014 Committee of
the Whole meeting for a public hearing and March 3, 2014 Regular meeting for action.
ATTACHMENTS
Draft Ordinance
Exhibit A — Development Agreement
Exhibit 1 — Project Site Map
Exhibit 2 — Preliminary Site Plan
W:\Users\LYNNM\current planning projects\Odin Brewery\InfoMemo_CAP.docx
4
RAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, APPROVING AND AUTHORIZING
THE PROPOSED 402 BAKER BOULEVARD DEVELOPMENT
AGREEMENT WITH MRFH, LLC, A WASHINGTON LIMITED
LIABILITY COMPANY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, MRFH, LLC, desires to site a beverage manufacturing business at 402
Baker Boulevard, a project referred to as "Odin Brewery;" and
WHEREAS, the use contemplated by this development proposal is not directly
addressed by the Tukwila Municipal Code; and
WHEREAS, MRFH, LLC, desires to make improvements to the property that
exceed the current Tukwila Municipal Code requirements; and
WHEREAS, the City of Tukwila and MRFH, LLC, wish to enter into a Development
Agreement for the 402 Baker Boulevard development, a copy of which is attached
hereto as Exhibit A; and
WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a
public hearing was conducted on the 24th day of February 2014 to take public testimony
regarding this Development Agreement, as proposed; and
WHEREAS, the City Council, pursuant to City Ordinance No. , approved this
Development Agreement as proposed and authorized execution of this Development
Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Development Agreement. The 402 Baker Boulevard Development
Agreement by and between the City of Tukwila and MRFH, LLC, a copy of which is
attached hereto as Exhibit A, is hereby approved, and the Mayor is authorized and
directed to execute said Development Agreement on behalf of the City of Tukwila.
W: Word Processing\Ordinances\Odin Brewery -402 Baker Blvd DA 1-31-14
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Page 1 of 2
5
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Exhibit A — Development Agreement
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing\Ordinances\Odin Brewery -402 Baker Blvd DA 1-31-14
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Page 2 of 2
EXHIBIT A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF TUKWILA AND MRFH, LLC, FOR THE 402 BAKER
BOULEVARD DEVELOPMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this
day of by and between the City of Tukwila ("City"), a non -charter, optional code
Washington municipal corporation, and MRFH, LLC ("MRFH"), a Washington limited liability
company.
I. RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of
development agreements between a local government and a person having ownership or control
of real property within its jurisdiction pursuant to RCW 36.70B170, and Tukwila Municipal
Code (TMC) Chapter 18.86 allows for development agreements to respond to changing
community needs and to adequately achieve the purpose of the provisions of the TMC; and
WHEREAS, MRFH intends to develop the interior and provide exterior improvements to
an existing building to accommodate a microbrewery that would comprise approximately 10,500
square feet of manufacturing and storage space, 600 square feet of business office space, and
1,734 square feet for a public tasting room and retail space; and
WHEREAS, the project site lies within an area zoned Tukwila Urban Center (TUC). The
City's Comprehensive Plan for this area envisions this area as a high-density, regionally -
oriented, mixed-use center having walkable, as well as auto -oriented, shopping and
entertainment districts, and having recreational opportunities for business people, residents, and
visitors; and
WHEREAS, the type of use proposed by MRFH is not directly addressed by the TMC
and is a hybrid use which is desirable to the urban environment envisioned by the City's
Comprehensive Plan; and
WHEREAS, the complexity of transforming a suburban pattern of development to a more
urban one is such that change cannot be expected or required to happen all at once. More likely,
the majority of the development within Southcenter over the next 20 years will be as a result of
market-driven renovations, such as the MRFH proposal, and expansions rather than entirely new
construction; and
WHEREAS, it is not the intent of the City to discourage such redevelopment, as new
investment should enhance the image and appeal of the area. Instead, the City's strategy is to
move forward in phases, leading with public investments and implementing a set of regulations
that condition redevelopment and result in incremental changes to the urban form that are in
alignment with the community's long-term vision. Over time, these changes will serve as a
Page 1 of 12
7
framework, catalyst, and attractor for the types of development envisioned for the urban center.
This redevelopment of the existing building and site will serve as the type of amenity and
attraction desired by current and future residents, workers and visitors in the Southcenter area;
and
WHEREAS, as part of the MRFH proposal, it will enhance the overall image and
architectural design quality of the Southcenter area, and contribute towards the pedestrian
orientation of Baker Boulevard by improving the streetscape via wider sidewalks and
landscaping, making access management improvements, and providing safe pedestrian pathways
through the parking lot by connecting the building's public entrance to the street edge; and
WHEREAS, this project is located in the northern part of Southcenter, in a core area
envisioned as a growing transit -supportive mixed-use neighborhood with residential, office,
retail, and entertainment uses; and
WHEREAS, the project site is located on Baker Boulevard, the high priority corridor for
the City that provides a more direct, walkable route via the planned pedestrian bridge over the
Green River, connecting the Mall and future Transit -Oriented Development neighborhood to the
Tukwila Sounder Commuter Rail/Amtrak Station; and
WHEREAS, the Southcenter Element of Tukwila's Comprehensive Plan encourages
establishing a pedestrian -oriented environment through site planning, streetscape design, and
improvements to the Urban . Center's network of streets, trails, and sidewalks; and this project
will further the community's vision of a pedestrian friendly, walkable neighborhood by
constructing public frontage improvements, including landscaping, along Baker Boulevard and
implementing access management strategies; and
WHEREAS, the Southcenter Element of Tukwila's Comprehensive Plan calls for
ensuring that pedestrians have safe, convenient, and comfortable paths from adjacent public
ways through large parking lots to key building entrances, and the project's site design and
pedestrian improvements implement this policy; and
WHEREAS, the Southcenter Element of Tukwila's Comprehensive Plan promotes high
quality architecture in Southcenter, and the project's architectural design improvements to the
existing building's facade will be of high quality and will improve the image of Baker
Boulevard, the Southcenter area, and identity for the entire City, thereby having the potential to
attract further high quality development; and
WHEREAS, a development agreement must be approved by ordinance or resolution
after a public hearing; and
WHEREAS, a public hearing for this Agreement was held on and
the City Council approved this Agreement by Ordinance No. ; and
8
Page 2 of 12
WHEREAS, the Agreement constitutes a final land use action pursuant to RCW
36.70C.020 and is subject to review pursuant to RCW 36.70C.101 et seq.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and the
long-term benefit to both the City and MRFH, the parties hereby agree as follows:
II. AGREEMENT
Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals are
true and correct to the best of their knowledge and are incorporated by this reference as though
fully set forth herein.
Section 2. Project Description. The project is referred to as "Odin Brewery" and
involves a remodel of an existing 12,825 -square -foot building previously used for
manufacturing, storage and business offices for a glass manufacturing and retail business. This
project is located at 402 Baker Boulevard on a parcel 53,504 square feet in size within the
Southcenter area, Tukwila's Urban Center, and is identified on Exhibit 1, Project Site Map. The
anticipated use of the property includes the manufacturing and storage of beer, a business office,
and a small tasting room and retail outlet open to the public, as well as related parking facilities.
Redevelopment will consist of tenant improvements, exterior building/architectural
improvements, and site improvements.
Current zoning regulations govern the manufacturing of beverages and the location of
brew pubs. This microbrewery use is not contemplated by the TMC. However, TMC Chapter
18.86 allows the City to use development agreements to provide flexibility to achieve public
benefits and respond to changing community needs.
Section 3. Statement of Authority and Intent. This agreement is entered into pursuant
to the authorization of RCW 36.70B.170 and TMC Chapter 18.86 and is intended and designed
to vest this Project under current Governing Regulations, subject to Section 4 herein
(Development Standards), for the Vesting Period. Unless this Development Agreement is sooner
terminated in accordance with Section 9 hereof, the Vesting Period shall be for a period of three
(3) years commencing on the Effective Date (the "Vesting Period ").
Section 4. Development Standards: Conditions.
4.1 Intent. The intent of the Development Agreement is to allow the site to be used
as a microbrewery. This use, when combined with a tasting room and outdoor seating, furthers
the community's vision for Baker Boulevard as an active, pedestrian -oriented corridor serving a
future mixed use, higher density neighborhood, and connecting the Mall, bus transit center, and
future pedestrian bridge over the Green River with the Tukwila Sounder Commuter Rail/Amtrak
Station. In turn, project -related improvements will enhance the overall image and architectural
design quality of the Southcenter area, and contribute towards the pedestrian orientation of Baker
Boulevard by improving the streetscape via wider sidewalks and landscaping, making access
management improvements, and providing safe pedestrian pathways through the parking lot by
Page 3 of 12
9
connecting the building's public entrance to the street edge (See Exhibit 2, Preliminary Site
Plan). These access, public frontage, site, and architectural design improvements will be further
refined during the building permit review process.
4.2 Application of Development Standards. Pursuant thereto and during the
Effective Period, the provisions of this Section 4 set forth the development standards that differ
from or supplement those standards set forth in the City's development regulations.
Accordingly, the following development standards shall apply to and govern and vest the
development and use of the Project in lieu of any conflicting or different standards or
requirements elsewhere in the TMC.
4.3 Permitted Uses. In addition to those uses permitted in the TUC district in TMC
Chapter 18.28, a microbrewery is allowed, providing it meets the following criteria:
4.3.1 Sells beer for consumption on site and for sale in sealed containers;
4.3.2 Produces no more than 15,000 barrels of beer annually; and
4.3.3 Utilizes an air treatment system and/or other machinery so that the brewery
meets Puget Sound Clean Air Agency Regulations regarding odors, and that the brewing process
does not cause off-site impacts on neighboring properties or create a public nuisance.
4.4 Access and Public Frontage Improvements. MRFH will improve the streetscape,
walkability, and accessibility by reducing curb cuts, widening the public sidewalk, and adding
street trees. These improvements will be made prior to the issuance of a Certificate of
Occupancy.
4.4.1 The site currently has three driveways. The project will close the middle
driveway and relocate the western driveway to the west lot line, creating a common driveway
with the adjacent parcel.
4.4.2 MRFH will construct a 15 -foot sidewalk, extending from back of existing
curb, running the length of the property, and tying into the 15 -foot sidewalk on the east side of
the property. Where the sidewalk crosses driveways, the sidewalk shall continue across the
driveway at the same elevation or `level'; the driveway shall not "break" the sidewalk network.
4.4.3 MRFH will install new street trees and landscaping on the new public
sidewalk on Baker Boulevard. Street tree species will be agreed upon by the City and the
developer, and will be planted in landscaped tree wells a minimum 36 square feet in size, located
at back of curb. Trees shall be spaced every 20-30 feet, depending on species and location of
underground or at -ground utilities and considering the proximity of existing trees on either side
of project.
Page 4 of 12
10
4.5 Site Improvements. The project will construct a 15 -foot -wide plaza adjacent to
the south face of the building that will provide an outdoor seating area away from the street. In
addition, the project will construct a wooden fence to screen an outdoor patio located adjacent to
the tasting room. The back side of the project site shall be fenced with gates for additional
security. A raised crosswalk will connect the public sidewalk to the building's public entrance,
providing safe pedestrian access through the parking lot.
4.6 Architectural Design Standards/Improvements.
4.6.1 Transparency. The project will increase transparency in the area between
the height .of 2 and 10 feet (minimum) along the length of the building facade that faces Baker
Boulevard. Darkly tinted glass, mirrored glass, and glass covered by screening sheets, white, or
UV protection film will not be used.
4.6.2 Facade Articulation and Modulation. The project will incorporate facade
articulation and modulation features that minimize the appearance of the building's length and
height and add visual interest. Features will include:
(a) Change in building materials or color;
(b) Landscaping; and
(c) Other alternatives that meet the intent.
Section 5. Major and Minor Amendments — Development Agreement. All proposed
amendments to the Development Agreement shall be considered in accordance with this Section
5.
5.1 Process. Minor modifications from the approved permits or to the architectural
design may be approved in accordance with the provisions of the City's code, and shall not
require an amendment to this Agreement. The Mayor may approve any other Minor
Amendments to the Development Agreement proposed by the City or Deve oper an mutually
agreed to by the Parties. Such approval shall be in writing and the resulting amendment shall be
incorporated into this Development Agreement as an amendment pursuant to Section 5 hereof.
The City Council may approve Major Amendments to the Development Agreement in
accordance with—the same process fr approva�of the Development Agreement. A Major
Amendment to the Development Agreement approved by the City Council, and mutually agreed
to by the Parties, shall be incorporated into this Development Agreement as an amendment
pursuant to Section 5 hereof.
5.2 Minor Amendment Defined. A proposed amendment to the Development
Agreement shall be considered a minor amendment if the proposed amendment does not modify
the Governing Regulations or Section 4 (Development Standards; Conditions) hereof, does not
materially modify the size or scope of the Project, and does not modify the Vesting Period or
term of this Development Agreement.
Page 5 of 12
11
5.3 Major Amendment Defined. A proposed amendment to the Development
Agreement shall be considered. a Major Amendment if the proposed amendment does not
constitute a Minor Amendment.
5.4 Determination. An application for a Minor Amendment shall be made to the
Mayor. The application shall describe the proposed Minor Amendment in sufficient detail such
that the Mayor can determine whether or not the proposal qualifies as a Minor Amendment. If
the application does not provide sufficient information, the Mayor may request additional
information from the Developer or reject the application. Upon receipt of sufficient information
to determine if the proposal set forth in the application constitutes a Minor Amendment, the
Mayor shall determine if the proposal constitutes a Minor Amendment. In the event that the
Mayor determines that the proposed amendment is a Minor Amendment, the Minor Amendment
may be administratively approved by the Mayor. In the event that the Mayor determines that the
proposal constitutes a Major Amendment, the Developer shall submit the proposal in accordance
with the same process for approval of a Development Agreement, withdraw its proposed
amendment, or modify and re -submit its proposed amendment. The determination of the Mayor
shall be a final decision.
Section 6. Further Discretionary Actions. Developer acknowledges that the
Governing Regulations contemplate the exercise of further discretionary powers by the City.
These powers include, but are not limited to, review of permit applications under SEPA.
Nothing in this Development Agreement shall be construed to limit the authority or the
obligation of the City to hold legally required public hearings, or to limit the discretion of the
City and any of its officers or officials in complying with or applying Governing Regulations and
the development standards and conditions set forth in Section 4 hereof.
Section 7. Existing Land Use Fees and Impact Fees. Generally applicable land use
fees and impact fees adopted by the City by resolution or ordinance as of the Effective Date of
this Agreement may be increased by the City from time to time, and applicable to permits and
approvals for the Subject Property.
Section 8. Specific Performance. The Parties specifically agree that damages are not an
adequate remedy for breach of this Development Agreement, and that the parties are entitled to
compel specific performance of all material terms of this Development Agreement by any party
in default hereof.
Section 9. Termination. This Development Agreement shall expire and/or terminate on
the earlier of the termination/expiration provisions set forth as follows:
9.1 This Agreement shall expire and be of no further force and effect if the
development contemplated in this Agreement and all of the permits and/or approvals issued by
the City for such development are not substantially underway prior to expiration of such permits
and/or approvals. Nothing in this Agreement shall extend the expiration date of any permit or
approval issued by the City for any development.
Page 6 of 12
12
9.2 This Agreement shall terminate either upon the expiration of the Vesting Period
identified in Section 3 above or when the Subject Property has been fully developed and all of
the Developer's obligations in connection therewith are satisfied as determined by the City,
whichever first occurs.
9.3 Upon the abandonment of the Project by the Developer. The Developer shall be
deemed to have abandoned the Project if a building permit for construction of the building
approved in this Agreement is not submitted to the City within two years of the date of this
Agreement.
Upon termination of this Agreement, the City shall record a notice of such termination in
a form satisfactory to the City Attorney that the Development Agreement has been terminated.
Section 10. Assignment and Assumption. The Developer shall have the right to sell,
assign or transfer this Agreement with all their rights, title and interests therein to any person,
firm or corporation at any time during the term of this Agreement. Developer shall provide the
City with written notice of any intent to sell, assign, or transfer all or a portion of the Subject
Property, at least 30 days in advance of such action.
Section 11. Covenants Running With the Land; Recording. The conditions and
covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall
run with the land and the benefits and burdens shall bind and inure to the benefit of the parties.
The Developer, Landowner and every purchaser, assignee or transferee of an interest in the
Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this
Development Agreement, and shall be the beneficiary thereof and a party thereto, but only with
respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such
purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations
of a Developer contained in this Development Agreement, as such duties and obligations pertain
to the portion of the Subject Property sold, assigned or transferred to it.
Section 12. Amendment to Agreement; Effect of Agreement on Future Actions.
This Agreement may be amended by mutual consent of all of the parties, provided that any such
amendment shall follow the process established for Major and Minor Amendments as set forth in
Section 5 hereof.
Section 13. Releases. Developer, and any subsequent Landowner, may free itself from
further obligations relating to the sold, assigned, or transferred property, provided that the buyer,
assignee or transferee expressly assumes the obligations under this Development Agreement as
provided herein.
Section 14. No Third -Party Beneficiary. This Development Agreement is made and
entered into for the sole protection and benefit of the parties hereto and their successors and
assigns. No other person shall have any right of action based upon any provision of this
Development Agreement.
Page 7 of 12
13
Section 15. Interpretation. The Parties intend this Agreement to be interpreted to the
full extent authorized by law as an exercise of the City's authority to enter into development
agreements pursuant to RCW 36.70B.170 et seq., and this Agreement shall be construed to
exclude from the scope of this Development Agreement and to reserve to the City, only that
police power authority which is prohibited by law from being subject to a mutual agreement with
consideration. This Development Agreement has been reviewed and revised by legal counsel for
both parties, and no presumption or rule construing ambiguity against the drafter of the
document shall apply to the interpretation or enforcement of this Development Agreement.
Section 16. Notice. All communications, notices, and demands of any kind that a party
under this Development Agreement requires or desires to give to any other Party shall be in
writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional
copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return
receipt requested, and addressed as follows:
If to the City:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Attn: Mayor's Office
General: 206-433-1850
Fax: 206-433-7191
With a copy to:
City Attorney
City of Tukwila
Kenyon Disend, PLLC
11 Front Street South
Issaquah, Washington 98027-3820
General: 425-392-7090
Fax: 425-392-7071
If to Developer to:
Kidder Mathews
Attn: Alan D. Robertson
12886 Interurban Avenue South
Tukwila, WA 98168
General: 206-248-7300
Fax: 206-248-7342
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the
mail, notice shall be deemed delivered 48 hours after deposited. Any party at any time by notice
to the other party may designate a different address or person to which such notice or
communication shall be given.
Page 8 of 12
14
Section 17. Excusable Delay (Force Majeure). In addition to specific provisions of
this Development Agreement, and notwithstanding anything to the contrary in this Development
Agreement, neither Party shall be in default in the performance or the failure of performance of
its obligations under this Development Agreement, or in the delay of its performance, where
such failure or delay is due to war, insurrection, strikes, lock -outs or other labor disturbances,
one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes,
fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or
failures of performance by any governmental authority or utility company (so long as the Party
seeking the extension has adequately complied with the applicable processing requirements of
such governmental authority or utility company), delays resulting from changes in any applicable
laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any
governing body with jurisdiction, delays resulting from the weather or soils conditions which
necessitate delay, delays resulting from litigation (including suits filed by third parties
concerning or arising out of this Development Agreement) or any other cause (lack of funds of
Developer, Developer's inability to finance the construction of the Development, and
Developer's inability to lease the Improvements, are not causes beyond the reasonable control or
without the fault of Developer) beyond the reasonable control or without the fault of the Party
claiming an extension of time to perform or an inability of performance. The extension of time
for any cause shall be from the time of the event that gave rise to such period of delay until the
date that the cause for the extension no longer exists or is no longer applicable, in each case as
evidenced by a notice from the Party claiming the extension. An extension of time for the
duration of such event will be deemed granted if notice by the Party claiming such extension is
sent to the other as to any of the above causes other than Permit Delays, within 10 days from the
commencement of the cause and such extension of time is not rejected in writing by the other
Party within 10 days of receipt of the notice (such extension of time is referred to herein as
"Force Majeure"). Times for performance under this Development Agreement may also be
extended in writing by the City and Developer in accordance with Section 5 herein.
Section 18. Indemnification. Except as otherwise specifically provided elsewhere in
this Development Agreement and any exhibits hereto, each party shall protect, defend, indemnify
and hold harmless the other party and their officers, agents, and employees, or any of them, from
and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any
nature whatsoever, which are caused by or result from any negligent act or omission of the
party' s own officers, agents, and employees in performing services pursuant to this Development
Agreement. In the event that any suit based upon such a claim, action, loss, or damage is
brought against a Party, the Party whose negligent action or omissions gave rise to the claim
shall defend the other party at the indemnifying party's sole cost and expense; and if final
judgment be rendered against the other party and its officers, agents, and employees or jointly
the Parties and their respective officers, agents, and employees, the Parties whose actions or
omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent
negligence, each Party shall indemnify and hold the other Parties harmless only to the extent of
that party's negligence. The indemnification to the City hereunder shall be for the benefit of the
City as an entity, and not for members of the general public.
Page 9 of 12
15
Section 19. Applicable Law and Attorneys' Fees. This Development Agreement shall
be construed and enforced in accordance with the laws of the State of Washington. If litigation
is initiated to enforce the terms of this Development Agreement, the prevailing Party shall be
entitled to recover its reasonable attorneys' fees and costs from the non -prevailing Party. Venue
for any action shall lie in King County Superior Court or the U.S. District Court for Western
Washington.
Section 20. Third Party Legal Challenge. In the event any legal action or special
proceeding is commenced by any person or entity other than a Party, or successor or assign of
Developer, to challenge this Development Agreement or any provision herein, the City may elect
to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or
successor(s) or assign(s). In such event, Developer and/or such successor(s) or assign(s) shall
hold the City harmless from and defend the City from all costs and expenses incurred in the
defense of such lawsuit or individual claims in the lawsuit, including but not limited to,
attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties
in such litigation. The Developer and/or such successor(s) or assign(s) shall not settle any
lawsuit without the consent of the City. The City shall act in good faith and shall not
unreasonably withhold consent to settle.
Section 21. Severability. If any phrase, provision or section of this Development
Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or
if any provision of this Development Agreement is rendered invalid or unenforceable according
to the terms of any statute of the State of Washington which became effective after the effective
date of the ordinance adopting this Development Agreement, and either party in good faith
determines that such provision or provisions are material to its entering into this Development
Agreement, that party may elect to terminate this Development Agreement as to all of its
obligations remaining unperformed.
Section 22. Authority. Each Party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Agreement on the terms and
conditions herein stated, and to deliver and perform its obligations under this Agreement.
Section 23. Exhibits and Appendices Incorporated. Each exhibit attached hereto or
referenced is incorporated herein by such reference as if fully set forth herein.
Section 24. Headings. The headings in this Development Agreement are inserted for
reference only and shall not be construed to expand, limit or otherwise modify the terms and
conditions of this Agreement.
Section 25. Time of the Essence. Time is of the essence of this Agreement and of every
provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall
mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of
Washington, then the time period shall be extended automatically to the next business day.
Section 26. Dispute Resolution Process. The parties shall use their best efforts to
resolve disputes arising out of or related to this Agreement using good faith negotiations. If the
Page 10 of 12
16
dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle
the dispute through mediation before resorting to litigation. The fees for mediation will be borne
equally by the parties.
Section 27. Entire Agreement. This Development Agreement represents the entire
agreement of the parties with respect to the subject matter hereof. There are no other
agreements, oral or written, except as expressly set forth herein and this Agreement supersedes
all previous agreements, oral or written.
AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to
the Terms of this Development Agreement by signing below:
Attest:
By:
CITY:
CITY OF TUKWILA, a municipal corporation
By:
Christy O'Flaherty, MMC, City Clerk
Approved As To Form:
By:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
DEVELOPER:
MRFH, LLC
By:
Mike Flory, Managing Member
Page 11 of 12
17
STATE OF WASHINGTON )
)ss
COUNTY OF )
On , 20 , before me, the undersigned, a Notary Public, personally
appeared JIM HAGGERTON, personally known to me (or proved to me on the basis of
satisfactory evidence) as the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same in his authorized capacity as MAYOR OF THE
CITY OF TUKWILA, and that by his signature on the instrument the entity upon behalf of
which he acted, executed the instrument.
STATE OF WASHINGTON )
)ss
COUNTY OF )
WITNESS my hand and official seal.
Printed Name:
NOTARY PUBLIC, in and for the State of Washington,
residing at
My commission expires:
On , 20 , before me, the undersigned, a Notary Public, personally
appeared , personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the entity upon behalf of which he acted, executed the
instrument.
EXHIBITS:
Exhibit 1 — Project Site Map
Exhibit 2 — Preliminary Site Plan
18
WITNESS my hand and official seal.
Printed Name:
NOTARY PUBLIC, in and for the State of Washington,
residing at
My commission expires:
Page 12 of 12
Exhibit 1
Project Site Map
402 Baker Boulevard
ING BUILDING
w
NEW LS ENDS HERE
60' SETBACK LINE
GEN PLAT 71/68-89
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EXIST. COVERED STORAGE
MEDIUM ROOF
LANDSCAP
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��EXIST. WALL-PAK
(TYP. 5 PLACES)
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LOADING AREA
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BUILDING
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RELOCATE EXIST. FLAG POLE
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EXISTING BUILDING
BUILDING DATA:
OFFICE AREA = 600sf
MANUFACTURING = 9,585sf
STORAGE = 630sf
TASTING / RETAIL = 1,130sf
TASTING ROOM = 880sf
TOTAL BUILDING AREA = 12,825sf
PARKING:
PRODUCTION OFFICE AREA @ 3/1,000 = 2
MANUFACTURING@ 1/1,000= 10
TASTING ROOM @ 1/100 = 20
TOTAL PARKING REQUIRED = 32
TOTAL PARKING SHOWN = 33
ZONING CODE DATA:
CODE: 2012 EIBC
ZONE: TUC
CONSTRUCTION TYPE: III B --SPRINKLERED
OCCUPANCY TYPE: B & F & A-2
SITE AREA: 53,504s1
LANDSCAPING
6 FRONT AREA LANDSCAPE
0' SIDE AREA LANDSCAPE
LEGAL DESCRIPTION:
SEE SHEET C1.1
SHEET INDEX
A 1.0 SITE PLAN/SHEET INDEX/CODE DATA
A 2.0 EXISTING FLOOR PLAN
A 2.1 FLOOR PLAN
A 2.2 LIFE SAFETY PLAN & EXIT PLAN
A 2.3 REFLECTED CEILING PLAN
A 3.0 ELEVATIONS
A 4.0 WALL SECTIONS
A 4.1 WALL SECTIONS
A 5.0 SCHEDULES
A 6.0 RESIROOMS
LI.1 LANDSCAPE PLANTING PLAN
C 1.1 PAVING PLAN
C 1.2 OEMO/EROSIN CONTROL PLAN
C 1.3 CML PLAN
C 1.4 CML DETAILS & NOTES
C 1 ROAD PLAN
C 2 ROADWAY DETAILS
C 3 ROADWAY NOTES
BASIS OF BEARING
58825'27'E 1088.95' 00E85.
(1007.00' PLAN
BAKER BOULEVARD
'PUBLIC ROAOWAY'
CONS CURB
Exhibit 2 - Preliminary Site Plan
SCALE
D 27 22
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1
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ENLARGED H. C. PARKING
1
1.
1
Community Affairs & Parks Committee Minutes February 11, 2014 — Page 2
C. Briefing on Freeway Interchange Siqns
Pursuant to a request made at the January 13, 2014 Committee of the Whole meeting, staff
provided the Committee with a briefing on the sign code regulations with regard to freeway
interchange signs in the City. The sign code, adopted in August 2010 after an eight-month
review and deliberation process, disallows new freeway interchange signs. The five existing
freeway interchanges signs became noncomforming at that time, and are permitted to have
refaces and copy changes until August 2015 providing that the sign size, shape, and location do
not change. After that date, they may remain as -is indefinitely. Stan Peterson, owner of the
Union 76 station located at 13310 Interurban Avenue South, approached the Council early this
year about his wish to reface and expand the freeway interchange sign at his business as an
effective means to promote the sale of diesel fuel to freeway travellers. The current sign has a
total area of 200 square feet, but the proposed enhancements would make it 266.16 square feet,
more than was permitted under the old sign code. Mr. Peterson and his family were in
attendance at the committee meeting and spoke on behalf of their sign proposal. Committee
members asked clarifying questions of staff and the Petersons and finally requested that
information about options be brought back to Committee in March. Councilmember Robertson
noted the great amount of time and effort the City put into the 2010 update of the sign code.
INFORMATION ONLY.
D. Ordinance: Authorizing a Development Agreement with MRFH, LLC, for Odin Brewery Project
Staff is seeking Council approval of an ordinance that would authorize a Development
Agreement with MRFH, LLC for a proposed microbrewery business at 402 Baker Boulevard.
The project involves a remodel of an existing building to acommodate the manfucaturing of up
to 15,000 gallons of beer annually, a business office, parking facilities, and a tasting room and
*retail outlet open to the public. Redevelopment will include improvements to the existing
building as well as exterior site improvements in excess of current code requirements. The
proposed business is located in the Tukwila Urban Center District, and this use is in line with the
community's vision for Baker Boulevard as a vibrant, pedestrian -oriented corridor, providing an
attraction desirable to residents, workers, and visitors in this area. The Development Agreement
will allow the City the flexibility to accommodate Odin Brewery in the Urban Center District. The
Agreement includes criteria that MRFH, LLC must meet to avoid odor impacts on neighboring
properties. Further, the applicant has agreed to numerous safety and pedestrian -related
improvements that will serve as enchancements to this area. The owners of Odin Brewing
Company made remarks on behalf of the proposed project and expressed their enthusiasm for
joining the community. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 24, 2014
COMMITTEE OF THE WHOLE FOR PUBLIC HEARING.
III. MISCELLANEOUS
Councilmember Robertson mentioned several comments made at his February 8 Council Chat regarding
code enforcement and the state of residential neighborhoods, and noted that other Councilmembers
have increasingly heard similar feedback from residents. At its last meeting, the Community Affairs and
Parks Committee had requested a briefing on the impacts of the rental housing inspection program, and
Committee members and staff talked further about the specifics of such a briefing, the potential review of
policies, and how best to ensure code enforcement in the City is as quick and proactive as possible.
Committee Chair Duffie noted that Tukwila Police staff referred him to Code Enforcement staff regarding
a recent situation at a rental property, and requested a follow-up. DCD Director Jack Pace summarized
ways to address the Committee requests including 1) briefing on the rental housing inspection objectives,
and if they have been served since implementation; 2) overview of Code Enforcement policies and
effectiveness; and 3) reminder of how the Budget Process and Comprehensive Plan update will address
some of these issues. Councilmember Seal noted that community outreach is an important factor, and
code enforcement education should be included in outreach activities presented by the City.
23
1
1
1
CITY OF TUKWILA
Permit Center
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188
Telephone: (206) 431-3670
FOR STAFF USE ONLY
Pre -App File No.: V 11
J _OM
Date Received: L '43
Meeting Date: 330'in
Time:
Pre -Application Project Summary
Project Name: Odin Brewery
King County Assessor Account No(s): 0223100031
0223100032
0223100034
Site Address: 402 Baker Boulevard
Description of Proposal: Remodel existing building to house a craft brewery with a tasting room and associated
improvements including removing third driveway and additional parking.
Anticipated period of Construction: From: 1/2/2014 To: 4/3/2014
Will this project be developed in phases? 0 Yes ❑ No
If "yes" please describe:
Are there any existing or proposed easements on the site? 0 Yes
If `yes" please describe: See Attached Survey
0 No
Buikling Information
Current Assessed Value of Building by King County: $
Value of Proposed Project: $ 50,000.00
Total Square Footage of Building: 13,423 SF
Type of Construction per 2009 IBC: VB Sprinklered
Please indicate the square footage of each floor, broken dm un by building wets). Use additional sheet if necessary.
FIRST FLOOR
Building Use
Occupancy
Classification
Square Footage
Brewery
Manufacturing
F
10,493
Office
Business
B
598
Tasting Room
Buisness
A-3
1,734
SECOND FLOOR
Mezzanine
Mechanical
F
598
THIRD FLOOR
Number of Parking Stalls:
Existing: Standard: 7
Proposed: Standard: 27
Compact: 0 Handicap:
Compact: 0 Handicap:
Fire Protection:
Existing: m Sprinklers ❑ Automatic Fire Alarm
Proposed: ❑ Sprinklers 0 Automatic Fire Alarm
❑ None
❑ None
Will there be storage or use of flammable, combustible or hazardous materials in the building?
0
2
0 No ❑ Yes
If "yes" please describe:
Contact Pcrson
Contact Person:
Bob Fadden - Lance Mueller & Associates Architect
Mailing Address: 130 Lakeside - Suite 250
Seattle, WA 98122
E -Mail Address:
bfadden@Imueller.com
HAApplications On Line \2012 Applications \I-2012 - Pre -application Fonn.doc
Page oft
Revised: 1-1-2012
Phone: (206) 325-2553
Fax No.: (206) 328-0554
1
Pre -Application Procedure
The pre -application meeting is for you and the City staff to preliminarily review your project prior to submitting permits applications.
This helps you to learn about and discuss our regulations and plan submittal requirements, to provide early discussion of any major
issues, and to facilitate the plan review process.
NOTE: If you have specific questions or issues regarding your proposal that you would like addressed at your pre -application
meeting, we encourage you to submit them with your application. This will allow staff to do the necessary research to answer your
questions/concerns.
PROCEDURE:
The Development Review Committee (DRC) meets every Thursday afternoon. Two time slots are available for pre -application
meetings on a first-come first -serve basis, 2:30 p.m. and 3:30 p.m. The meeting takes approximately one hour.
Your pre -application and submittal requirements must be presented to the Permit Center ten (10) days prior to the meeting (Monday,
5:00 p.m. deadline) along with the $462.00 application fee. Submittals will not be accepted through the mail, over the fax or by a
messenger service.
Our meetings are informal. We usually begin with our questions and/or major issues we see. Your design team is encouraged to
participate (i.e., architects, engineers, project coordinators, etc.). Staff from Building, Fire, Planning and Public Works will be present
at the meeting. The Parks and Recreation Department and Police Department may provide written comments pertaining to your pre -
application submittal, if necessary.
Within one week following the meeting, a summary of all comments prepared in checklist format will be forwarded to the contact
person identified on the sign -in sheet presented at the meeting. Along with the comments will be permit applications, plan submittal
requirements, selected ordinances and general information as it pertains to your project.
If you have any questions or want to participate in this process, please feel free to contact the Permit Center at (206) 431-3670.
PLAN SUBMITTAL CHECKLIST:
Your pre -application plan submittal checklist is a guide. However, the more information submitted, the more complete our
assessment can be.
Please submit eight (8) sets of plans containing the following along with the completed application:
SITE PLAN REQUIREMENTS
Distance between structures and property lines
EVWidth of any adjacent public right-of-way(s)
a Designated landscape areas
EkEasements (including railroad, Puget Power, etc.)
❑+'`Parking layout
❑o'fruck loading area designations
[m]®'Access points and traffic circulation pattern
[ Footprint of existing and/or proposed structures
❑ Significant natural features (water, slopes, vegetation,
etc)
❑ Identify sites proximity to river environment if less
than 200 feet from the river
❑ Topography map (for slopes over 15%)
PRE -APPLICATION SUBMITTAL FEE
WORKING DRAWINGS
E''Structure — General layout
Er Exits and exiting pattern
E°"Uses and dimensions of all spaces
ADDITIONAL REQUIREMENTS
❑''Vicinity Map — include north arrow
❑ The $462.00 application fee is to be submitted at the time of application.
H:\ApplicationstFommsApplications On Line \2012 Applications\1-2012- Pre -application Fornt docx
Page 2 of 2
Revised: 1-1-2012
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CITY f TUKWILA
Department of Community Development
Building Division - Permit Center
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188
Phone: (206)431-3670
http://www.tukwilawa.gov
Pre Application Checklist
Pre -Application File No.: PRE13-020 Project Name:
Meeting Date and Time: 10/31/2013 a, 2:30 pm Site Address:
Odin Brewery
402 Baker BI
The following comments are based on a preliminary review. Additional information may be needed. Other
requirements/regulations may need to be met.
PUBLIC WORKS DEPARTMENT
7
All applications and plan submittals must be complete in order to be accepted
by the Permit Center for plan review.
Visit www.tukwilawa.gov for the Tukwila Municipal Code, Public Works Development Guidelines and Design and
Construction Standards and Customer Assistance Bulletins.
-1./1 1.
v
This project is subject to traffic concurrency analysis.
Contact s yndy Knighton at (206) 431-2450.
2. Provide water/ sewer/ surface water/ concurrency notices.
For surface water concurrency contact Ryan Larson at (206) 431-2456.
For water and sewer concurrency contact Mike Cusick at (206) 431-2441.
3. Apply for and obtain the following permits/approvals through the City's Permit Center:
❑ Type A Short Term Nonprofit ❑ Water Meter (Permanent)
❑ Type B Short Term Profit ❑ Water Meter (Deduct)
Lir Type C Construction 0 Water Meter (Water Only)
O Type D Long Term ❑ Street Vacation
❑ Type E Potential Disturbance 0 Developer Reimbursement Agreement
O Type F Blanket 'Q Turnover
❑ Flood Zone Control 0 Other:
4. Site plans must be prepared by a registered civil engineer. Sheet sizes: Minimum 11" X 17" and Maximum 24" X
36".
Provide survey data using NAD 83/91 and NAVD 1988.
***NOTE*** Public Works WILL NOT ACCEPT any other datum for public infrastructure.
t/1 5.
6. Water District C 11 ( OF 'AUK W ILA Sewer District CITY OF TuKW 1(,A
Drainage Basin
7. Provide water availability (concurrency) letter.
I I 8. Provide sewer availability (concurrency) letter.
9. Water assessment Sewer assessment
Assessments will be determined during the Public Works plan review process.
10. Provide King County/Metro Sewer Use Certificate at the time of building permit application.
11. Pavement is less than three years old and can not be cut.
IM
12. Pavement mitigation fee applto this project. Estimated remaining pavement life °Jo.
Charge per square foot of cut
13. Transportation mitigation fees, based on information provided, will be (Ordinance 2111).
14. For Flood Zone Control Permit, provide elevations converted to 1929 NGVD. The finished floor elevation for
buildings in a flood plain must be at least 1' above the 100 -year flood elevation per FIRM maps. Critical facilities
shall be 3' above the 100 -year flood elevation.
W'Permit Center 'Pre-Applications\Forrns\Checklist-PW 7-2013.doa
Updated: 7-2013
PUBLIC WORKS DEPARTML _ Page 2 of 2
Pre -Application Checklist File No.: PRE13-020
15. Provide surface water design per the King County Surface Water Design Manual, 2009 edition. Surface water
drainage plan must be by a registered civil engineer for all projects that do not meet the Small Site Drainage Review
criteria in the King County Surface Water Design Manual, 2009 edition.
❑ Infiltration Restriction ❑ Level 2 Detention Required
16. Provide erosion prevention and sediment control per the King County Surface Water Design Manual, 2009 edition.
LI17. The Geotechnical report must include riverbank stability analysis when a project is adjacent to the Green/Duwamish
River and the natural riverbank is expected to provide bank protection for the life of the project.
18. Provide a sight distance analysis per the most current edition ofAASHTO Policy on Geometric Design.
19. The maximum allowable slope for access roads and driveways is 15%. Commercial driveway access shall be 25-35
feet wide. Residential driveway access shall be 10-20 feet wide. A residential driveway must be paved for 20' from
the property line.
" 20.-RLOuiAACiapplicable easements and maintenance agreements for:
PU*L,c Styr /ALk 4 S'rg6E'( LIGE
21. Provide backflow prevention on: ❑ domestic water, ❑ fire, ❑ irrigation lines.
22. Frontage improvements are required per TMC 11.12 and shall include:
15' W 1 D E SIDE W LK ST12Ef1" LIGHT ' STRAETSe-APE
NOTE: Public Works WILL ONLY ACCEPT NAD 83/91 and NAVD 1988 for public infrastructure.
23. Undergrounding of utilities apply to this project per TMC 11.28.
24. .1=revide,j mover documents for constructed infrastructure, which the Owner will transfer to the City of Tukwila.
T., .0 r n Pt�nrle .4
❑c (PUSAte. U/18JUCO tot LL. pRt.84g X ocumEtT s .)
25. Complete enclosed Business Declaration and return to King County.
'F1 26. Contact King County Water and Land Resources Industrial Waste Program for a Waste Discharge Permit of
approval. Provide a copy of the approval.
ADDITIONAL NOTES:
ENCLOSURES:
(SEE Pu*LtC. WoR<S Conwit+°CS.
Checklist prepared by (staff):
OE¢
W:Wermit Centel re-Applicationfforms\Checklist-PW7-2010.docz
Updated: 7.2013
Date: I I/S/ /3
CITY OF TUKWILA
PUBLIC WORKS DEPARTMENT
REVIEW COMMENTS
www.tukwilaatukwilawa.gov
Development Guidelines and Design and Construction Standards
DATE: November 5, 2013
PROJECT: Odin Brewery at 402 Baker Blvd.
TL nos. 022310-0031 / 022310-0032 / 022310-0034
Pre -Application Comments
PERMIT NO: PRE13-020
C4471,1
PLAN REVIEWER: Contact David McPherson at (206) 431-2448, if you have any
questions/comments regarding the following comments. David.McPherson(a)TukwilaWA.gov
1. Public Works will determine the amount due for any Transportation Impact Fee due under
a future Building permit.
2. Public Works will determine if a Traffic Concurrency Certificate Application is required and
if a Traffic Concurrency Test Fee is due under a future Building permit.
3. Provide a completed Public Works permit fee estimate sheet. (For Public Works activities
only including - erosion control, land altering, driveway access, sidewalk, street light,
streetscape, and any water/sanitary sewer/storm drainage work outside the building. (see
PW Bulletin A2 enclosed)
4. Senior Water & Sanitary Sewer Engineer is Mike Cusick, P.E., (206) 431-2441
Michael.CusickeTukwilaWA.gov.
5. Senior Surface Water Engineer is Ryan Larson, P.E., (206) 431-2456
Ryan . L a rso n aTu kwi I a W A. g ov.
6. Provide a completed King County Metro Non -Residential Sewer Use Certificate form and
list only the new plumbing fixtures and not the ones being replaced -in-kind (as part of the
future Building permit). (see enclosed form)
7. Public Works permit information, plan submittal criteria, standards, and specifications; are
available on the City's Web -Site. Go to the City Web -Site then click on City Department
Directory / Public Works Department / Development & Permits. Then under Public Works
Topics click on Customer Assistance Bulletins (CAB) and Development Guidelines and
Design & Construction Standards and other topics as applicable.
Page 1 of 1
DEVELOPMENT BULLETIN A6
PAVEMENT RESTORATION
CITY OF TUKWILA
Public Works Department
206-433-0179
The City requires restoration of any disturbed public street or right-of-way. An overlay of
the pavement, a patch, or a rehabilitation of the area depending upon each individual
situation can meet the restoration requirements. All restoration shall meet the City's.
standards and Chapter 11 of the City Municipal Code.
DEFINITIONS
• Overlay - A layer of paving material applied over the original road surface.
Patch - An area of pavement that has been replaced with new material.
• Rehabilitation — Restoration of serviceability to extend the service life of a street.
Rehabilitation may include recycling of existing pavement, placing additional
surface materials or performing other work to return an existing pavement to
adequate structural or functional condition.
• Transverse Cut — Cut in pavement with the longest edge perpendicular to the travel
lane.
• Longitudinal Cut - Cut in pavement having the longest edge parallel to the travel
lane.
RESTORATION GUIDELINES
• Overlay
1. Overlay and Grinding Limits:
a. Pavement length — full length of the cuts plus two (2) feet on each
end.
b. Pavement width — full width of the cuts plus two (2) on each side.
c. For bore pits larger than 8 -feet by 10 -feet and/or spaced 50 -feet or
less apart, then the entire work area must be overlaid. Work area shall
be calculated as the width (plus 2 -feet on each side) times the length -
where length is the distance from the first to the last bore pit plus 2 -
feet added to each end. See Example 7.
Note: Existing pavement must be ground at least 2 inches deep.
2, Pave one lane if the cut limits are less than 2 -feet from the next travel lane or
centerline of roadway. See Example 2.
3. Pave two lanes if the cut limits straddle the centerline of the roadway or
travel lanes. See Example 3.
4. Pave the shoulder when the cut limits are less than 2 -feet from the edge of the
shoulder or straddles the travel lane/shoulder line. See Example 6.
W:\PW Eng\DEVELOPMENT\PW Bulletins \AO6 Pavement Restoration 1.29.10.doc
City of Tukwila
Public Works Department
206-433-0179
Pavement Mitigation Fee
Implementation Examples
Example 1
Pavement excavation area
• Restoration (patch)
• Pavement mitigation fee required
Gravel Shoulder
Gravel Shoulder
Example 2
Pavement excavation area
Pavement cut within
2' of roadway centerline or
centerline of the travel lanes
• Overlay of the entire lane
width (2' beyond length)
• No pavement mitigation fee
2' mi
OsP
vUc V. /, c•
Final"Patc
d‘'\
Limits/Cut Line
k'gf -k-“/
i\ys
Gravel Shoulder
Pavement -
Final overlay
imits
Revision Date: 02/02/10
Example 5
Example 6
City of Tukwila
Public Works Department
206-433-0179
Pavement Mitigation Fee
Implementation Examples
avement
I Final patch
limits/Cut lin
Asphalt ped/bike
path
Paved
Shoulder
Final overlay
limit
avement
2'—
L
2' max—
Pavement excavation area
within ped/bike path
• Restoration (patch)
• Pavement mitigation fee required
avement excavation area
is less than 2' from fog
line or straddles lane/paved
shoulder
• Overlay of the cut area and shoulder
• No pavement mitigation fee
og Line
Revision Date: 02/02/10
PUBLIC WORKS BULLETIN A3
PAVEMENT MITIGATION AND
TRANSPORTATION IMPACT FEES
CITY OF TUKWILA
Public Works Department
206-433-0179
This Bulletin summarizes pavement mitigation fees and transportation impact fees applicable to private
development projects within the city.
PAVEMENT MITIGATION FEE
The City does not allow pavement cuts in pavement that is three years old or newer (TMC 11.04 Recently Improved
Street), except by *ritten approval from the Public Works Director.
Public Works charges a pavement mitigation fee whenever pavement in the right-of-way is disturbed. The
pavement mitigation fee compensates the City for reduced life span due to disturbance of roadway surfaces.
The f ee is based on the total square footage of impacted pavement and on the remaining life of the existing
pavement. The mitigation fee, based on cut limits shown on the permit plan set, is paid when the permit is
issued. To estimate the cut area, add two feet to all sides of the expected cut limits before calculating the
/area. This fee may be adjusted, based on the Inspector's measurement of the actual cut limits. Use the
following table to estimate the pavement mitigation fee.
Approx. Remaining Years
Pavement Mitigation Fee
0-1
$0.00
1-2 (10%)
$1.00
2-5 (25%)
$2.50
5-7 (33%)
$3.30
7-10 (50%)
$5.00
10-15 (75%)
$7.50
15-20 (100%)
$10.00
TRANSPORTATION IMPACT FEE
Consistent with the Comprehensive Plan, the Six-year Transportation Plan and the Capital Improvement Plan, the
transportation impact fee helps ensure that new development bears its proportionate fair share of transportation
facilities necessitated by the new development. The fee applies to any construction, reconstruction, conversion,
structural alteration, relocation or enlargement of any structure that requires a building permit and generates any
new PM peak hour trips . The transportation impact fee is charged to each development according to an impact
fee schedule based on defined zones. The fees are assessed as part of the building permit and are due and payable
when the permit is issued. (TMC 9.48 and Ordinance 2111)
This Bulletin should not be used as a substitute for codes and regulations. Your project will be reviewed for
specific compliance to codes and regulations.
Approved 1231.2005
1
Le'
Attachment A
Traffic Impact Fee Schrlule 2007
Land Uses
Unit of
Measure
Zone 1
Zone 2
Zone 3
Zone 4
Cost per Trip All Other Uses I 1 $1,736.801 $1,357.771 $1,061.201 $819.38
Commercial - Retail
Shopping Center
up to 9,999 sq ft
sq fVGLA
$4.18
$3.27
$2.55
$1.97
10,000 sq ft -49,999 sq ft
sq ft/GLA
$3.51
$2.75
$2.15
$1.66
50,000 sq ft -99,999 sq ft
sq ft/GLA
$3.03
$2.37
$1.85
$1.43
100,000 sq ft -199,999 sq ft
sq ft/GLA
$2.61
$2.04
$1.59
$1.23
200,000 sq ft -299,999 sq ft
sq ft/GLA
$2.38
$1.86
$1.45
$1.12
300,000 sq ft -399,999 sq ft
sq ft/GLA
$2.82
$2.21
$1.72
$1.33
over 400,000 sq ft
sq ft/GLA
$3.17
$2.48
$1.94
$1.49
Miscellaneous Retail Sales
sq ft/GFA
$3.17
$2.48
$1.94
$1.49
Supermarket
sq ft/GFA
$7.73
$6.04
$4.72
$3.64
Convenience Market
sq ft/GFA
$14.39
$11.25
$8.79
$6.79
Nursery/Garden Center
sq ft/GFA
$2.62
$2.05
$1.60
$1.24
Furniture Store
sq ft/GFA
$0.22
$0.17
$0.13
$0.10
Car Sales - New/Used
sq ft/GFA
$4.56
$3.57
$2.79
$2.15
Auto Care Center
sq ft/GLA
$2.62
$2.05
$1.60
$1.24
Quick Lubrication Vehicle Shop
Service Bay
$2,899.10
$2,266.42
$1,771.37
$1,367.73
Auto Parts Sales
sq ft/GFA
$3.34
$2.61
• $2.04
$1.58
Pharmacy (with Drive Through)
sq ft/GFA
$3.44
$2.69
$2.10
$1.62
Pharmacy (no Drive Through)
sq ft/GFA
$3.36
$2.63
$2.05
$1.58
Free Standing Discount Store
sq ft/GFA
$3.13
$2.44
$1.91
$1.47
Hardware/Paint Store
sq ft/GFA
$2.66
$2.08
$1.62
$1.25
Discount Club
sq ft/GFA
$3.13
$2.44
$1.91
$1.47
Video Rental
sq ft/GFA
$4.88
$3.82
$2.98
$2.30
Home Improvement Superstore
sq ft/GFA
$1.33
$1.04
$0.81
$0.63
Tire Store
Service Bay
$1,938.32
$1,515.31
$1,184.33
$914.45
Electronics Superstore
sq ft/GFA
$3.11
$2.43
$1.90
$1.46
Commercial - Office
Administrative Office
up to 9,999 sq ft
sq ft/GFA
$8.10
$6.33
$4.95
$3.82
10,000 sq ft -49,999 sq ft
sq ft/GFA
$8.10
$6.33
$4.95
$3.82
50,000 sq ft -99,999 sq ft
sq ft/GFA
$4.70
$3.67
$2.87
$2.22
100,000 sq ft -199,999 sq ft
sq ftGFA
$3.56
$2.78
$2.17
$1.68
200,000 sq ft -299,999 sq ft
sq ft/GFA
$3.10
$2.43
$1.90
$1.46
over 300,000 sq ft
sq ft/GFA
$2.91
$2.27
$1.78
$1.37
Medical Office/Clinic
sq ft/GFA
$6.29
$4.91
$3.84
$2.97
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
3
PUBLIC WORKS BULLETIN Al
PERMITS AND FEES
CITY OF TUKWILA
Public Works Department
206-433-0179
This Bulletin summarizes permits Public Works (PW) issues for onsite development and for activities in
the right-of-way. Public Works permits can be issued as part of a building permit or as a Miscellaneous
permit.
Most Public Works permit fees are flat rates, except for Type C permit fees, which are based on the value
of the construction work. For Type C permits, PW collects a base application and plan review fee when
the application is submitted and a Permit Issuance and Inspection fee when the permit is issued. Flat rate
permit fees are due when the permit is issued. After the permit is issued, PW may assess additional fees
for Revisions and inspections. These additional fees must be paid before the PW Final Inspection occurs.
Refer to Bulletins A2, A4, A6, and A7, for more information.
PERMIT
DESCRIPTION
Short-term Nonprofit
Type A
Issued for 72 hours to nonprofit organizations for assemblies, bike races, block parties,
parades, parking, processions, nonmotorized vehicle races, street dances, street runs. Flat
Rate $50
Short-term Profit ypi
Issued for 72 hours to for-profit entities for fairs, house moves, sales, street closure. Flat Rate
S100.
onstruct bnn
Type G
Issued for 180 days for activities in the right-of-way and on private property. These activities
include sewer, water, storm drainage, grading, street improvements, boring, culverts, curb
cuts, paving, driveways, fences, landscaping, painting/striping, sidewalks, trenching, utility
installation/repair. Calculated fee based on construction value.
Refer to Bulletin A2 to estimate permit fees.
Long-term
Type D
Issued for periods greater than 72 hours for activities which do not disturb the right-of-way
including: air rights, bus shelters, access to construction sites, loading zones, newspaper sales,
recycling facilities, sales structures, sidewalk cafes, awnings, benches etc, underground rights,
utility facilities, waste facilities. Flat Rate $100.
Potential Disturbance
Type E
Issued for 180 days for activities having a potential to disturb the right-of-way, such as hauling
6 loaded vehicles/hr/8 hr day for 2 or more consecutive days or hauling hazardous waste. Flat
Rate $100.
Blanket
Type F
Issued for 365 days to telecommunications and cable franchisee, and utilities for connections,
repairs, pulling cable through existing conduit, and emergencies. Flat Rate 5250 plus S5000
PW inspection deposit. Flat Rate $100/PW Inspection.
Approved 0925.02
Last Revised 01.01.13
1
PUBLIC WORKS BULLETIN A2
TYPE C FEE ESTIMATE WORKSHEET
CITY OF TUKWILA
Public Works Department
206-433-0179
Type C permit fees are based on the value of the construction work. The City collects an
Application Fee when the application is submitted and a Permit Issuance and Inspection fee
when the permit is issued.
Applicable permits having flat rates are added to the calculated fees and are due when the permit
is issued.
You may use this form to estimate PW Permit fees. This is an estimate only. Actual fees may
vary. If you do not provide contractor bids with your permit application, Public Works will
review the cost estimates for reasonableness and may adjust estimates.
The permit fee covers the cost for two reviews and two inspections. The permit fee does not
include fees for additional reviews, additional inspections, or for revisions to approved plans.
These fees are charged separately and must be paid before PW Final Inspection.
Refer to Bulletins Al, A4, and A6 for more information.
Three activities trigger a Type C permit. They are 1) Construction
in the right-of-way, 2) Construction on private property, and 3) Grading. The following
information should help you determine if you need a Type C permit.
Type C Construction
Issued for 180 days for activities in the right-of-way and/or on private property. These activities
include sewer, water, surface water, grading, street improvements, boring, culverts, curb cuts,
paving, driveways, fences, landscaping, painting/striping, sidewalks, trenching, or utility
installation/repair.
This Bulletin should not be used as a substitute for codes and regulations. Your project will be reviewed for
specific compliance to codes and regulations.
Approved 09.25.02
Last Revised 03.27.13
BULLETIN A2
TYPE C PERMIT FEE ESTIMATE
PLAN REVIEW AND APPROVAL FEES DUE WITH APPLICATION
PW may adjust estimated fees
PROJECT NAME PERMIT #
If you do not provide contractor bids or an engineer's estimate with your permit
application, Public Works will review the cost estimates for reasonableness and may adjust
estimates.
1. APPLICATION BASE FEE $25(41)
2. Enter total construction cost for each improvement category:
Mobilization
Erosion prevention
Water/Sewer/Surface Water
Road/Parking/Access
A. Total Improvements
3. Calculate improvement -based fees:
B. 2.5% of first $100,000 of A.
C. 2.0% of amount over $100,000, but less than $200,000 of A.
D. 1.5% of amount over $200,000 of A.
4 TOTAL PLAN REVIEW FEE (B+C+D)
5. Enter total excavation volume cubic yards
Enter total fill volume
cubic -yards
Use the following table to estimate the grading plan review fee. Use the --
reater of the excavation and fill volumes
QUANTITY IN CUBIC
YARDS
RAT.E3--
;,,.
Up to 50 CY
w,�„' Free
51-100
.�'' $23.50
101 - 1,000
S $37.00
1,001-10,000
- $49.25
10,001-100,000_ "
,.-'`
.,- $49.25 for 1" 10,000,
PLUS $24.50 for each additional 10,000 or fraction thereof.
100,001- 200,000-"-
�
$269.75 for 1s' 100,000,
PLUS $13.25 for each additional 10,000 or fraction thereof.
(200,001`5r more
!
$402.25 for 1s' 200,000,
PLUS $7.25 for each additional 10,000 or fraction thereof.
GRADING Plan Review Fees
(5)
TOTAL PLAN REVIEW FEE DUE WITH PERMIT APPLICATIQN
(1+4+5) $
The Plan Review and Approval fees cover TWO reviews: 1) the first review associated with the submission of the
application/plan and 2) a follow-up review associated with a correction letter. Each additional review, which is
attributable to the Applicant's action or inaction shall be charged 25% of the Total Plan Review Fee.
Approved 09.25.02
Last Revised 03.27.13
1
BULLETIN A2
TYPE C PERMIT FEE ESTIMATE
PLAN REVIEW AND APPROVAL FEES DUE WITH APPLICATION
PW may adjust estimated fees
9. TOTAL OTHERPERMITS
A ` Water Meter —PERDeduct ($25)
B:'Flood Control Zone ($50)
C. I ter Meter — Permanent*
D. ;alter Meter — Water only*
E. Water Meter — Temporary*
* Refer to the Water Meter Fees in Bulletin Al
10. ADDITIONAL FEES
A. Allentown Water (Ordinance 1777) $
B. Allentown Sewer (Ordinance 1777) $
C. Ryan Hill Water (Ordinance 1777) $
D. Allentown/Foster Pt Water (Ord 2177) $
E. Allentown/Foster Pt Sewer (Ord 2177) $
F. Special Connection (TMC Title 14) $
G. Duwamish $
.
Transportation Mitigation $
Other Fees $
Total A through I $ (10)
Total A through E $ (9)
DUE WHEN PERMIT IS ISSUED (6+7+8+9+10) $
ESTIMATED TOTAL PERMIT ISSUANCE AND INSPECTION FEE
This fee includes two inspection visits per required inspection. Additional inspections (visits)
attributable to the Permittee's action or inaction shall be charged $60.00 per inspection.
WATER METER FEE
Permanent and Water Only Meters
Size
(inches)
Installation
Cascade Water Alliance
RCFC
01.01.2013 —12.31.2013
Total Fee
0,75
$625
$6005
$6630
1
$1125
$15,012.50
$16,137.50
' 1.5
$2425
$30,025
$32,450
2
$2825
$48,040
$50,865
3
$4425
$96,080
$100,505
4
$7825
$150,125
$157,950
6
$12525
$300,250
$312,775
Approved 09.25.02
Last Revised 03.27.13
Temporary Meter
0.75"
$300
2.5"
$1,500
3
CITY OF TUKWILA
Public Works Department
206-433-0179
BULLETIN B2
STANDARD CONSTRUCTION PLAN NOTES
Locations shown for existing utilities are approximate.
Prior to starting construction,
Contact ONE -CALL (1-800-424-5555) for utility locations.
CONTACTS
1. Project Manager Provide Name and Contact Number
2. Design Engineer Provide Name and Contact Number
3. Owner: Provide Name and Contact Number
4. Other: Provide Name and Contact Number
GEOTECHNICAL NOTE
, the
architect/structural engineer, reviewed the geotechnical report, titled
, prepared by
and dated . I understand the report's recommendations, I explained to
the Owner the risks due to slides and I incorporated the recommendations into the
design. t established measures to reduce potential risk of injury or damage that might
be caused by any earth movement predicted in the report.
Signature Date
The following standard notes should be modified to fit the project, before they are
included on the plans.
Approved 05.16.02 1
Revised 02.21.03
Revised 06.09.04
BULLETIN B2
STANDARD CONSTRUCTION NOTES
6. From October 1 through April 30, provide temporary and permanent cover
measures to protect disturbed areas that will remain unworked for two days or more.
In addition to cover measures, the Contractor shall:
• Protect stockpiles and steep cut and fill slopes if unworked for more than 12
hours.
• Stockpile, on site, enough cover materials to cover all disturbed areas.
7. By October 8, seed all areas that will remain unworked during the wet season
(October 1 through April 30). Mulch all seeded areas.
UTILITY NOTES
1. All trench excavation operations shall meet or exceed all applicable shoring laws for
trenches. All trench safety systems shall meet WISHA requirements.
2. Place power, cable, fiber optics, and telephone lines s in a trench with a 5'
minimum horizontal separation from other underground utilities.
3. Adjust all manholes, catch basins, and valves in public rights-of-way or easements
after asphalt paving.
WORK IN RIGHT-OF-WAY
1. When activity is unattended, install a sign with minimum two-inch letters stating
Permittee or company name, and day and evening phone numbers. TMC 11.08.140
2. Install barricades, signs, warning lights, and safety devices sufficient to notify
public of obstruction or traffic hazard. Devices must remain until the obstruction is
cleared and the right-of-way is restored. rMc 11.08.170.A
3. Maintain access to fire stations, fire hydrants, fire escapes, and fire fighting
equipment. TMC 11.08.180
4. Maintain access to property adjoining excavation or site work.
5. Preserve and protect all property adjoining excavation or site work.
6. Restore disturbance to private and public property. NMC 11.08.220.0
7. Disturbance of survey monuments and markers requires the Director's
preapproval. A licensed surveyor shall replace disturbed monuments and
markers.
8. Comply with all state and city laws and procedures to protect public from air, water
and noise pollution. TMC 11.08 210
9. Install temporary sidewalk or curb ramp if permanent is blocked. -Mc 11.08.220
10. Cover open excavation with non-skid steel plates ramped to elevation of
contiguous right of way surface. TMC 11.08.220
11. Store all stockpile material shall be stored in a safe manner to protect the public.
Approved 05.16.02
Revised 02.21.03
Revised 06.09.04
3
BULLETIN B2
STANDARD CONSTRUCTION NOTES
WATER SUPPLY NOTES
1. The Contractor shall install corporate stops, water service lines, and meters. The
City of Tukwila will install the meters.
2. Pressure test all water mains and appurtenances.
3. Flush and disinfect new, cleaned, or repaired water mains.
4. Install restrained joints at all bends, tees, and other direction changes.
5. All water mains shall have a blow -off assembly at low point and an air vacuum relief
valve at high point of main.
6. Install fire hydrant assembly so it stands plumb and so that the lowe$t outlet is at 18"
above the finished grade. The assembly shall have a clear zone around hydrant of
at least 36" and the pumper port shall face street or fire access.
7. The installer of a fire line backflow prevention device installed outside the building
and underground, shall have a Level III certificate of competency or a Level U
contractor's certificate of competency. If the installer is different from the backflow
prevention designer, the installer must stamp, sign, and date the plans, in addition
to the designer's stamp, signature, and date.
8. Install water mains crossing sewer lines so that the bottom of the water main is at
least 18 inches above the top of the sewer. Locate full section of water pipe so that
its midpoint is above the sewer pipe at the crossing. This installation may require
special structural support for the water and sewer pipe.
9. Install water supply lines at least 10 feet horizontally, measured edge to edge, from
any existing or proposed sewer and at least 18 inches above the top of a sewer.
Approved 05.16.02
Revised 02.21.03
Revised 06.09.04
5
CITY OF TUKWILA
Public Works Department
206-433-0179
BULLETIN B1
PLAN SUBMITTAL GUIDELINES
Permit Application
To apply for a Public Works permit, submit a completed application, four copies of the plans meeting the
submittal guidelines, and any supporting documentation, in person to:
Public Works Permits Center
Engineering and Development
6300 Southcenter Boulevard Suite 100
Tukwila, WA 98188
206-433-0179
www.ci.tukwila.wa.us
Provide civil drawings on 24" x 36" sheets (maximum) or 11" X 17" minimum
Information Sources
For help with permit plan submittal guidelines, please refer to the Development Guidelines and Design
and Construction sStandards available at the Public Works Permit Center and atwww.ci.tukwila.wa.us.
References, Standards, and Codes
The following lists of references, standards, and codes provide the basis for design and construction
requirements for multifamily -residential, commercial or industrial development, or construction of public
infrastructure within the City. Where conflicts arise, clarify the rule with the Public Works staff.
The City of Tukwila recognizes the most current edition of the following references, standards, and codes.
1. City of Tukwila Infrastructure Design and Construction Standards,
2. City of Tukwila Municipal Code,
3. Comprehensive Land Use Plan, City of Tukwila,
4. Standard Specifications for Road, Bridge, and Municipal Construction, prepared by the
Washington State Chapter of the American Public Works Association (APWA) and the
Washington State Department of Transportation (WSDOT),
This Bulletin should not be used as a substitute for codes and regulations. Your project will be reviewed
for specific compliance to codes and regulations.
Approved 05.16.02 1
BULLETIN B1
PLAN SUBMITTAL GUIDELINES
• Identify any possible utility conflicts and provide pothole depths. Indicate drainage
flow directions in parking lots, roadway intersections and cul-de-sacs. Provide
maintenance access.
• For water and sewer, provide a profile of water main and sanitary sewer main using the
same stationing, on the same plan sheet as the roadway plan view. The profile shall
include existing topography, proposed topography, and invert elevations shown at point
sewer leaves structures, connects to the main, and at all bends and junctions.
• For projects requiring a grease interceptor, provide sizing calculations and a plumbing
plan showing all plumbing going; to the grease interceptor.
13. Erosion prevention and sediment control plan.
14. Standard Construction Notes. Include roof downspout control notes and geotechnical
notes, when appropriate.
This Bulletin should not be used as a substitute for codes and regulations. Your project will be reviewedfor specific
compliance to codes and regulations.
Approved 05.16.02
Revised 06.09.04
BULLETIN B1
PLAN SUBMITTAL GUIDELINES
Sanitary Sewer
1. Criteria for Sewerage Works Design, Washington State Department of Ecology,
2. Comprehensive Sewer System Plan, City of Tukwila,
3. Uniform Plumbing Code,
4. Standards and specifications of all sewer districts providing service within the City.
Submittals
Prior to beginning multifamily -residential, commercial, industrial development, or development requiting
construction of public infrastructure within the City, the Applicant shall submit a permit application, plans,
and specifications to the Public Works Permit Center for review and approval by the Public Works
Department. Development design and construction shall meet all of the applicable standards and codes.
(Maximum 22" X 34", minimum 11" X 17")
Depending on the project, the Director may require submittals in addition to those described in this section.
Errors and Omissions -
At the Director's discretion, any significant error or omission in the approved plans or information used
as a basis for approval will constitute grounds for withdrawal of any permit approvals and/or stoppage of
any or all of the permitted work. The Permittee shall show cause why such work should continue and
make such changes in plans as required by the Director.
Plans
The plans shall clearly indicate the location, nature, and extent of the proposed work and shall
contain sufficient detail to show that all provisions of the standards and codes are met. A
professional engineer, registered in Washington State, shall prepare the plans, and stamp, date, and
sign each sheet
At a minimum, the plans shall include all of the, following that apply:
1. Plan Information
• Title block.
• Project name and address.
• North arrow.
• Scale -
✓ For site work: 1"=40' horizontal and 1 "= 4' vertical.
✓ For public facility work: 1 "=20' horizontal and 1" =2' vertical.
• Proposed as solid lines and existing as dashed lines or in half tone.
• Location - Street names, addresses, parcel numbers.
• For Public Infrastructure
✓ Vertical datum - NAVD 1988. For a Flood Control Zone permit, the Applicant
shall supply conversion calculations from NAVD 1988 to NGVD 1929.
✓ Horizontal datum — State Plane Coordinates.
2. Property lines - Site property lines shown in true location with respect to the plan's .topographic
information.
This Bulletin should not be used as a substitute for codes and regulations. Your project will be reviewed for specific
compliance to codes and regulations.
Approved 05.16.02
Revised 06.09.04
•
OD1N
BREWING COMPANY
July 18, 2013
Mr. Jack Pace
Director
City of Tukwila - Department of Community Development
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188
Ms. Lynn Miranda
Senior Planner
City of Tukwila - Department of Community Development
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188
RE: 402 Baker Boulevard, Tukwila, WA
RECEIVED
CITY OF TUKWILA
JUL 2 2 2013
PERMIT CENTER
Request for Code Interpretation
Dear Jack and Lynn:
Odin Brewing Company, a micro -brewery, founded in January 2009, is evaluating the potential of
relocating their current facility from South Park, Seattle to 402 Baker Boulevard, Tukwila.
Odin currently produces approximately 3,500 barrels annually. Due to the continued increase in
demand for their product, they are prepared to invest in a new facility to substantially increase
their production capability. The 402 Baker Boulevard property will allow for Odin to meet the
increase in demand that has been averaging approximately 35% annually. The projected
maximum production capacity of 402 Baker Boulevard would be 15,000 barrels annually.
Along with the brewery, Odin plans on establishing a tap room with associated food service. The
opportunity to have a micro -brewery and tap room fronting Baker Boulevard will further enhance
the City's goal of creating a strong vibrant urban center by providing a location for both Tukwila
residents and business people to gather. As the business develops, Odin will offer tours of the
9130 15th PI. S. Ste. F Seattle WA 98108 Tel: 206-762-3909
facility to the public, providing a look into how a brewery functions and the methods and product
utilized in their production process.
Outside of the Westfield Southcenter Mall, there are very few adult establishments that
encourage the local business community and residents to spend their leisure time in the Tukwila
Urban Center. Excellent examples of the positive impact micro -breweries have had on local
communities would be the Ballard/Fremont and Georgetown industrial districts. The introduction
of the micro -breweries to these historically industrial areas has had a very positive impact. The
micro -breweries have allowed for the historical utilization of the facilities to remain intact, creating
skilled employment opportunities, while introducing a new vibrant energy to a once dormant
industrial center that went dark after typical business hours.
Odin Brewery is looking forward to being part of Tukwila's future.
Managing Member
Valhalla Brewing and Beverage Co. LLC. (d.b.a. Odin Brewing Company)
Cc: A.R.,W.P., M.F.
9130 15`h PI. S. Ste. F Seattle WA 98108 Tel: 206-762-3909
City of Tukwila
Washington
Ordinance No. .Q3 7q
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT
AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF
THE TUKWILA MUNICIPAL CODE; APPROVING AND
AUTHORIZING THE PROPOSED 223 ANDOVER PARK EAST
DEVELOPMENT AGREEMENT WITH SOUTH CENTER WA, LLC, A
WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.706.170, et seq. and Tukwila Municipal Code (TMC) Chapter
18.86 authorize development agreements between the City and persons having
ownership or control of real property in order to establish development standards to
govern and vest the development, use and mitigation of real properties; and
WHEREAS, the City of Tukwila and South Center WA, LLC wish to enter into a
Development Agreement for the 223 Andover Park East development, a copy of which
is attached hereto as Exhibit A; and
WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was
conducted on the 11th day of March 2013 to take public testimony regarding this
Development Agreement, as proposed; and
WHEREAS, the City Council, pursuant to City Ordinance No. 2399, approved this
Development Agreement as proposed and authorized execution of this Development
Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The 223 Andover Park East Development Agreement by and between
the City of Tukwila and South Center WA, LLC, a copy of which is attached hereto as
Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said
Development Agreement on behalf of the City of Tukwila.
W: Word Processing\Ordinances1223 APE DA 2-20-13
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Page 1 of 2
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCLL Of THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this / Arm day of mArC i\ , 2013.
ATTEST/AUTHENTICATED:
Christy O'FIa"Yerty, MMC, City CI
APPROVED AS TO FORM BY:
Filed with the City Clerk: - - 3
Passed by the City Council:3
Published: c.)
Effective Date: -, 6-13
(-agcy
y M. Kers A ; ' ity Attorney Ordinance Number:
Exhibit A - Development Agreement
W: Word Processing\Ordinances1223 APE DA 2-20-13
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Page 2of2
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2399.
On March 18, 2013 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 2399: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS
AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL
CODE; APPROVING AND AUTHORIZING THE PROPOSED 223 ANDOVER PARK
EAST DEVELOPMENT AGREEMENT WITH SOUTH CENTER WA, LLC, A
WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: March 21, 2013
DEVELOPMENT AGREEMENT 13'065
Council Approval 3/18/13
FOR THE Ordinance No. 2399
223 ANDOVER PARK EAST DEVELOPMENT
THIS DEVELOPMENT AGREEMENT ( "Development Agreement") is entered into as
of the ) 9 ^ day of 4 VCk, , 2013 by and between the City of Tukwila, a municipal
corporation operating under the laws of the State of Washington as a non -charter code city (the
"City"), and South Center WA, LLC, a Washington limited liability company ("Developer"),
pursuant to the authority of RCW 36.70B.170, et seq. and Chapter 18.86 of the Tukwila
Municipal Code, and in consideration of the mutual benefits to be derived. The City and
Developer are sometimes collectively referred to in this Development Agreement as the
"Parties," and individually as a "Parry." The Parties have entered into this Development
Agreement with reference to the following facts:
I. RECITALS
WHEREAS, RCW 36.70B.170, et seq. and TMC Ch. 18.86 authorize development
agreements between the City and persons having ownership or control of real property in order
to establish development standards to govern and vest the development, use and mitigation of
real properties; and
WHEREAS, the site of this development is located in the core of the Tukwila Urban
Center, between Westfield Southcenter Mall and the Sounder Commuter Rail Station; and
WHEREAS, the proposed development is for the construction of one or two buildings up
to 180 feet in height that would comprise approximately 170 hotel guest rooms and 350
residential units; and
WHEREAS, this site lies within the core of Tukwila's Urban Center (TUC). The Tukwila
Urban Center Element of the Comprehensive Plan outlines a vision for the TUC to be a "great
place for working, shopping, doing business, living, or playing." One of the noted future
features is "a core area of high quality, walkable retail, entertainment, housing, public spaces,
and employment..." This site is located in the TUC core and would add housing that is walkable
to transit, retail, and entertainment; thus, it supports the Comprehensive Plan; and
WHEREAS, Tukwila's Urban Center is one of the region's 17 designated urban centers.
The Countywide Planning Policies defines and envisions urban centers as areas of concentrated
employment and housing with direct service by high-capacity transit. This proposed
development would place concentrated employment and housing within the core of the Tukwila
Urban Center and helps the City meet the intended purpose of the urban center; and
WHEREAS, this development will be a catalyst to create a pedestrian friendly, walkable
neighborhood in the core of Tukwila's Urban Center. People who would choose to stay or live
in this development would do so for the convenient access to the freeways but also for the
1
jcrrt'
fig)
convenience of walking to restaurants, entertainment, shopping, buses, and the commuter rail
station; and
WHEREAS, the development will be of high quality and will improve the image of
Tukwila's Southcenter District and identity for the entire City; thereby having the potential to
attract further high quality development; and
WHEREAS, the development will stimulate additional residential development in the
area by demonstrating the financial feasibility of this type of development and demonstrating
demand for high quality housing stock; and
WHEREAS, residential units will assist the City in meeting its housing targets as
required by the Growth Management Act and as determined through King County's Countywide
Planning Policies; and
WHEREAS, the City has a goal to encourage ownership of housing as a method to foster
stability in our population and schools. This project would be developed with the ability to
readily convert to condominiums; and
WHEREAS, as required pursuant to TMC 18.86.050, a public hearing was conducted on
the 1 lth day of March, 2013 to take public testimony regarding this Development Agreement, as
proposed; and
WHEREAS, the City Council, pursuant to City Ordinance No. 2399 approved this
Development Agreement as proposed and authorized execution of this Development Agreement;
and
WHEREAS, pursuant to TMC 18.86.080, the decision of the City Council to approve or
reject Developer's request for a development agreement is a discretionary, legislative act; and
WHEREAS, the Parties desire to enter into this Development Agreement, upon the terms
and conditions as set forth herein,
NOW, THEREFORE, in consideration of the mutual agreements contained herein, as
well as other valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, the City and Developer hereby agree as follows:
II. AGREEMENT
Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals
are true and correct to the best of their knowledge and are incorporated by this reference as
though fully set forth herein.
Section 2. Project Description. This development involves the construction of one
or two buildings of up to eighteen stories each. The Property is located within the Tukwila
2
Urban Center and is identified on Exhibit A (legal description) and B (site map). The current
anticipated use of the property consists of approximately 170 hotel guest rooms and 350
residential units, as well as related parking facilities.
Section 3. Statement of Authority and Intent. This Development Agreement is
entered into pursuant to the authorization of RCW 36.70B.170 and TMC 18.86 and is intended
and designed to vest this development to certain terms and conditions. Other than those terms
and conditions specifically identified in this Agreement, the City's regulatory codes in effect at
the time of a complete building permit application are accepted by the City shall apply.
Section 4. Development Standards; Conditions.
4.1 Effective Period of this Agreement. This Development Agreement shall be valid
until December 31, 2015. If Developer has not submitted, and the City has not accepted, a
complete building permit application and building permits have not been secured for the
development by that date, this Development Agreement shall be void and development may
occur on the subject site pursuant to the then -adopted development regulations.
4.2 Application of Development Standards. RCW 36.70B.180(3)(d) and TMC
18.86.030 authorize the establishment of design standards by a development agreement. More
specifically, TMC 18.86.030 provides that, a development agreement may allow development
standards different from those otherwise imposed under the Tukwila Municipal Code in order to
provide flexibility to achieve public benefits, respond to changing community needs, or
encourage modifications that provide the functional equivalent or adequately achieve the
purposes of otherwise applicable City standards. Pursuant thereto and during the Effective
Period, the provisions of this Section 4 set forth the development standards that differ from or
supplement those standards set forth in the City's development regulations. Accordingly, the
following development standards shall apply to and govern and vest the development and use of
the Project in lieu of any conflicting or different standards or requirements elsewhere in the
Governing Regulations.
4.3 Additional Building Height. The maximum building height for 50 percent of the
site shall be 180 feet. The remainder of the site would be limited in height by the zoning code in
effect that the time of a complete building permit application. This increase in building height is
consistent with the goals of the Comprehensive Plan to encourage residential development within
the Urban Center and is consistent with the City's vision of increased urban density.
4.4 Residential Units. The development must include at least 250 but no more than
450 residential units.
4.5 Condominium Declaration. In order to receive a Certificate of Occupancy the
Developer must provide the City a copy of a Washington condominium declaration for all
residential units built, along with the survey map and plans, which show surveying data for the
overall parcel, as well as details of buildings and the location of units. These documents do not
3
have to be recorded but must otherwise be in conformance with RCW 64.34 et seq. In addition,
each residential unit must have an individual electric meter.
Section 5. Major and Minor Amendments - Development Agreement. All
proposed amendments to the Development Agreement shall be considered in accordance with
this Section 5.
5.1 Process. The Mayor may approve Minor Amendments to the Development
Agreement proposed by the City or Developer and mutually agreed to by the Parties. Such
approval shall be in writing and the resulting amendment shall be incorporated into this
Development Agreement as an amendment. The City Council may approve Major Amendments
to the Development Agreement in accordance with the same process for approval of the
Development Agreement. A Major Amendment to the Development Agreement approved by the
City Council, and mutually agreed to by the Parties, shall be incorporated into this Development
Agreement as an amendment pursuant to Section 21 hereof.
5.2 Minor Amendment Defined. A proposed amendment to the Development
Agreement shall be considered a minor amendment if the proposed amendment does not modify
the Governing Regulations or Section 4 (Development Standards; Conditions) hereof, does not
materially modify the size or scope of the development, and does not modify the Vesting Period
or term of this Development Agreement.
5.3 Major Amendment Defined. A proposed amendment to the Development
Agreement shall be considered a Major Amendment if the proposed amendment does not
constitute a Minor Amendment.
5.4 Determination. An application for a Minor Amendment shall be made to the
Mayor. The application shall describe the proposed Minor Amendment in sufficient detail such
that the Mayor can determine whether or not the proposal qualifies as a Minor Amendment. If
the application does not provide sufficient information, the Mayor may request additional
information from the Developer or reject the application. Upon receipt of sufficient information
to determine if the proposal set forth in the application constitutes a Minor Amendment, the
Mayor shall determine if the proposal constitutes a Minor Amendment. In the event that the
Mayor determines that the proposed amendment is a Minor Amendment, the Minor Amendment
may be administratively approved by the Mayor. In the event that the Mayor determines that the
proposal constitutes a Major Amendment, the Developer shall submit the proposal in accordance
with the same process for approval of a Development Agreement, withdraw its proposed
amendment, or modify and re -submit its proposed amendment. The determination of the Mayor
shall be a final decision.
Section 6. Further Discretionary Actions. Developer acknowledges that the
Development Agreement contemplates the exercise of further discretionary powers by the City.
These powers include, but are not limited to, review of permit applications under SEPA.
Nothing in this Development Agreement shall be construed to limit the authority or the
obligation of the City to hold legally required public hearings, or to limit the discretion of the
4
City and any of its officers or officials in complying with or applying Governing Regulations and
the development standards and conditions set forth in Section 4 hereof.
Section 7. Existing Land Use Fees and Impact Fees. Generally applicable land use
fees and impact fees adopted by the City by resolution or ordinance as of the effective date of
this Development Agreement may be increased by the City from time to time, and the new fees
applied to subsequent permits and approvals for the Property.
Section 8. Specific Performance. The Parties specifically agree that damages are
not an adequate remedy for breach of this Development Agreement, and that the Parties are
entitled to compel specific performance of all material terms of this Development Agreement by
any Party in default hereof.
Section 9. Termination. This Development Agreement shall expire and/or terminate
on the earlier of the termination/expiration provisions set forth as follows:
9.1 This Development Agreement shall terminate upon the expiration of the Effective
Period identified in Section 4 hereof.
9.2 Upon termination of this Development Agreement, the City shall record a notice
of such termination in a form satisfactory to the City Attorney that the Development Agreement
has been terminated.
Section 10. Assignment and Assumption. The Developer shall not have the right to
sell, assign or transfer this Development Agreement with all its rights, title and interests therein
to any person, firm or corporation at any time during the term of this Development Agreement
provided that the Developer may sell, assign, or transfer this Development Agreement with all its
rights, title, and interests therein to any firm or corporation in which the Developer has a
majority interest. Developer shall provide the City with written notice of any intent to sell,
assign, or transfer all or a portion of the Subject Property, at least 30 days in advance of such
action.
Section 11. Covenants Running With the Land; Recording. The conditions and
covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall
run with the land and the benefits and burdens shall bind and inure to the benefit of the Parties.
The Developer, and every purchaser, assignee or transferee of an interest in the Property, or any
portion thereof, shall be obligated and bound by the terms and conditions of this Development
Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the
Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser,
assignee or transferee shall observe and fully perform all of the duties and obligations of a
Developer contained in this Development Agreement, as such duties and obligations pertain to
the portion of the Property sold, assigned or transferred to it.
Section 12. Amendment to Agreement; Effect of Agreement on Future Actions.
This Development Agreement may be amended by mutual consent of all of the Parties, provided
5
that any such amendment shall follow the process established for Major and Minor Amendments
as set forth in this Development Agreement.
Section 13. Releases. Developer, and any subsequent owner, may be released from
further obligations relating to the sold, assigned, or transferred portion of the Property, provided
that the buyer, assignee or transferee expressly assumes the obligations under this Development
Agreement as provided herein.
Section 14. No Third -Party Beneficiary. This Development Agreement is made and
entered into for the sole protection and benefit of the Parties hereto and their successors and
assigns. No other person shall have any right of action based upon any provision of this
Development Agreement.
Section 15. Interpretation. The Parties intend this Development Agreement to be
interpreted to the full extent authorized by law as an exercise of the City's authority to enter into
development agreements pursuant to RCW 36.70B.170, et seq., and this Development
Agreement shall be construed to exclude from the scope of this Development Agreement and to
reserve to the City, only that police power authority which is prohibited by law from being
subject to a mutual agreement with consideration. This Development Agreement has been
reviewed and revised by legal counsel for both Parties, and no presumption or rule construing
ambiguity against the drafter of the document shall apply to the interpretation or enforcement of
this Development Agreement.
Section 16. Notice. All communications, notices, and demands of any kind that a
Party under this Development Agreement requires or desires to give to any other Party shall be in
writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional
copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return
receipt requested, and addressed as follows:
If to the City:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Attn: Mayor's Office
With a copy to:
City Attorney
City of Tukwila
Kenyon Disend, PLLC
11 Front Street South
Issaquah, Washington 98027-3820
General: 425-392-7090
Fax: 425-392-7071
6
If to Developer:
South Center WA, LLC
18230 East Valley Highway, Suite 195
Kent, WA 98032
425-251-1600
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail,
notice shall be deemed delivered forty-eight (48) hours after deposited. Any Party at any time by
notice to the other Party may designate a different address or person to which such notice or
communication shall be given.
Section 17. Excusable Delay (Force Majeure). In addition to specific provisions of
this Development Agreement, and notwithstanding anything to the contrary in this Development
Agreement, neither Party shall be in default in the performance or the failure of performance of
its obligations under this Development Agreement, or in the delay of its performance, where
such failure or delay is due to war, insurrection, strikes, lock -outs or other labor disturbances,
one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes,
fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or
failures of performance by any governmental authority or utility company (so long as the Party
seeking the extension has adequately complied with the applicable processing requirements of
such governmental authority or utility company), delays resulting from changes in any applicable
laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any
governing body with jurisdiction, delays resulting from the weather or soils conditions which
necessitate delay, delays resulting from litigation (including suits filed by third parties
concerning or arising out of this Development Agreement) or any other cause (lack of funds of
Developer, Developer's inability to finance the construction of the development, and
Developer's inability to lease the Improvements, are not causes beyond the reasonable control or
without the fault of Developer) beyond the reasonable control or without the fault of the Party
claiming an extension of time to perform or an inability of performance. The extension of time
for any cause shall be from the time of the event that gave rise to such period of delay until the
date that the cause for the extension no longer exists or is no longer applicable, in each case as
evidenced by a notice from the Party claiming the extension. An extension of time for the
duration of such event will be deemed granted if notice by the Party claiming such extension is
sent to the other as to any of the above causes other than Permit Delays, within 10 days from the
commencement of the cause and such extension of time is not rejected in writing by the other
Party within 10 days of receipt of the notice (such extension of time is referred to herein as
"Force Majeure"). Times for performance under this Development Agreement may also be
extended in writing by the City and Developer in accordance with Section 11 herein.
Section 18. Indemnification. Except as otherwise specifically provided elsewhere in
this Development Agreement and any Exhibits hereto, each Party shall protect, defend,
indemnify and hold harmless the other Party and their officers, agents, and employees, or any of
them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, which are caused by or result from any negligent act or
7
omission of the Party's own officers, agents, and employees in performing services pursuant to
this Development Agreement. In the event that any suit based upon such a claim, action, loss, or
damage is brought against a Party, the Party whose negligent action or omissions gave rise to the
claim shall defend the other Party at the indemnifying Party's sole cost and expense; and if final
judgment be rendered against the other Party and its officers, agents, and employees or jointly
the Parties and their respective officers, agents, and employees, the Parties whose actions or
omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent
negligence, each Party shall indemnify and hold the other Parties harmless only to the extent of
that Party's negligence. The indemnification to the City hereunder shall be for the benefit of the
City as an entity, and not for members of the general public.
Section 19. Applicable Law and Attorneys' Fees. This Development Agreement
shall be construed and enforced in accordance with the laws of the State of Washington. If
litigation is initiated to enforce the terms of this Development Agreement, the prevailing Party
shall be entitled to recover its reasonable attorneys' fees and costs from the non -prevailing Party.
Venue for any action shall lie in King County Superior Court or the U.S. District Court for
Western Washington.
Section 20. Third Party Legal Challenge. In the event any legal action or special
proceeding is commenced by any person or entity other than a Party, or successor or assign of
Developer, to challenge this Development Agreement or any provision herein, the City may elect
to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or
successor(s) or assign(s). In such event, Developer and/or such successor(s) or assign(s) shall
hold the City harmless from and defend the City from all costs and expenses incurred in the
defense of such lawsuit or individual claims in the lawsuit, including, but not limited to,
attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties
in such litigation. The Developer and/or such successor(s) or assign(s) shall not settle any
lawsuit without the consent of the City. The City shall act in good faith and shall not
unreasonably withhold consent to settle.
Section 21. Severability. If any phrase, provision or section of this Development
Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or
if any provision of this Development Agreement is rendered invalid or unenforceable according
to the terms of any statute of the State of Washington which became effective after the effective
date of the ordinance adopting this Development Agreement, and either Party in good faith
determines that such provision or provisions are material to its entering into this Development
Agreement, that Party may elect to terminate this Development Agreement as to all of its
obligations remaining unperformed.
Section 22. Authority. Each Party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Development Agreement on the
terms and conditions herein stated, and to deliver and perform its obligations under this
Development Agreement.
Section 23. Exhibits and Appendices Incorporated. Each Exhibit attached hereto or
referenced is incorporated herein by such reference as if fully set forth herein.
8
Section 24. Headings. The headings in this Development Agreement are inserted for
reference only and shall not be construed to expand, limit or otherwise modify the terms and
conditions of this Development Agreement.
Section 25. Time of the Essence. Time is of the essence of this Development
Agreement and of every provision hereof. Unless otherwise set forth in this Development
Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a
weekend or legal holiday in the State of Washington, then the time period shall be extended
automatically to the next business day.
Section 26. Entire Agreement. This Development Agreement, and the DDA
referenced herein, represents the entire agreement of the parties with respect to the subject matter
hereof. There are no other agreements, oral or written, except as expressly set forth herein and
this Development Agreement supersedes all previous agreements, oral or written.
AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to
the Terms of this Development Agreement by signing below:
Attest:
By: 0 �Q✓', -19th:-/1
•• Christy O'Flaherty, City Clerk
Approved As To Form:
By: ' aCka 6 L --LA, Z
'o'rShelley Kerslake
City Attorney
CITY:
CITY Oa& UKWILA, a municip� 1 corporation
By: f., 1v '/ i44a/
Haggerty 7
ayor /
DEVELOPER:
South Center LC
By:
9
mar Lee
Manager
STATE OF WASHINGTON )
)ss
COUNTY OF )
On AAA a __. /9 , 20 /3, before me, the undersigned, a Notary Public, personally appeared
JIM HAGGERTON, personally known to me (or proved to me on the basis of satisfactory
evidence) as the person whose name is subscribed to the within instrument, and acknowledged to
me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF
TUKWILA, and that by his signature on the instrument the entity upon behalf of which he
acted, executed the instrument.
Met
..-11j1.-:t
C ti ♦ •jm
y r
iIe
i"ID ti ' yG os```
•
STATE OF WASHINGTON )
)ss
COUNTY OF Kwj )
WITNESS my hand and official seal.
Print Name: / lelisf�•. R /4u
NOTARY PUBLIC in and for the State of
Washington, residing at Ti(kcv!%
My commission expires: ///q1/!c
On(11vvt,%. /9 , 20/3, before me, the undersigned, a Notary Public, personally appeared
OMAR LEE, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person whose name is subscribed to the within instrument, and acknowledged to me that
he executed the same in his authorized capacity, as MANAGER OF SOUTH CENTER WA,
LLC, and that by his signature on the instrument the entity upon behalf of which he acted,
executed the instrument.
5 �.. ,,,,t i,, S
,:Y_ NOsso9 NOTARY PUBLIC in and for the State of
Q `� 1 ss� Washington, residing at GlZlk-c�url�
5 11 ',,Q,p t� ` e r = = My commission expires: it %%/(p
iii iitr�tiG `OR.`� 10
WITNESS my hand and official seal.
Print Name: Mi?/i'5(&- R. /Mv/-
Exhibit A
Exhibit B
EXHIBITS:
Legal Description of Property
Depiction of the Property
11
Exhibit A
Legal Description of the Property
ANDOVER INDUSTRIAL PARK # 2 PORTION OF TRACT 9 - BEGIN NW CORNER TH
SELY ALONG CURVE TO LEFT RADIUS OF 573.69 FT CENTER BEARING N 86-37-
32 E ARC DISTANCE OF 15.07 FT TO POB TH S 88-25-27 W 208.90 FT TH S 88-25-
14 E 140.09 FT TH S 88-25-27 E 224.93 FT TAP ON E LINE OF TRACT 9 TH ALONG
PERIMETER OF TRACT 9 S 01-05-08 W 273 FT TH N 88-25-27 W 505.43 FT TH N
14-39-30 W 184.47 FT TH ALONG CURVE TO RIGHT RADIUS OF 573.69 FT ARC
DISTANCE OF 97.91 FT TO POB
12
0010
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0031
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172
212
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N
PARK NO. 2
212237 SF
4.87 AC
0075
Subject
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208.90
N 88-25-27 W
Exhibit B
Depiction of the Property
6.5a
14820 SF
0032
78
BAKER BLVD
49757 SF
1.14 AC
0035
:sa
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527.44
32530 SF
0037
152.01
32537 SF •
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142.10
N M
TR. 8
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33392 SF
0087
575.27
140.09
573.90 +/-
TR. 9
022320
ANDOVER IN
PARK NO. 3„
13
173.34
M 90
0
224 93
52134 SF
oose
148507 SF
3.41 AC
0090
USTRIAL
REF. TUK BLA # L94-0026 940524
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•
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ZONING CODE DATA:
CODE: 2012 EIBC
ZONE: TUC
CONSTRUCTION TYPE: V B --SPRINKLERED
OCCUPANCY TYPE: B & F & A-3
SITE AREA: 53,504sf
LANDSCAPING
15' FRONT AREA LANDSCAPE
0' SIDE AREA LANDSCAPE
SITE IMPERVIOUS: 46,056sf
BUILDING DATA:
PRODUCTION OFFICE AREA = 598sf
MANUFACTURING = 10,493sf
TASTING ROOM = 1,734sf
TOTAL BUILDING AREA = 12,825sf
PARKING:
PRODUCTION OFFICE AREA @ 3/1,000 = 2
MANUFACTURING @ 1/1,000 = 10
TASTING ROOM @ 1/100 = 17
TOTAL PARKING REQUIRED = 29
TOTAL PARKING SHOWN = 34 _.
9}3-
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TLKMILA. NA. 98188
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RECEIVED
CITY OF TUKWILA
Nov 1.9 -2013
PERMIT CENTER
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402 BAKER BOULEVARD
TUKWILA, WASHINGTON 98188 6
Z
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.ANCE MUELLER & ASSOCIATES
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130 LAKESIDE • SUITE 250 • SEATRL WA 96122. 206 325 2553
sheet
'A1.0
130'
13' 16'-4"9 20' 9 20' 9
20'
20'-4"
20'-4"
`EXIST. 4x4 WOOD OL.S (TYP.) I
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LEGEND:
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® NEW WALL
SCALE: 1/8" = 1'-0"
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RECEIVED
CITY OF TUKWILA
WV 1.92013
PERMIT CENTER
2
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0
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PDC
drawn
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10-21-13
date
O I 1\ 3 EWE' Y
402 BAKER BOULEVARD
TUKWILA, WASHINGTON 98188
1F1 O H 1 T 0 O T 0 • A 1 A
130 LAKESIDE • SUlTE 250 • SEATTLE. WA 96122.206 325 2553
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CITY OF TUKWILA
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402 BAKER BOULEVARD
TUKWILA, WASHINGTON 98188
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LEGEND:
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® NEW WALL
SOUTH ELEVATION
0' 8' 16' 24'
SCALE: 1/8" = 1'-0"
0' 8' 16' 24'
ako°41
RECEIVED
CITY OF TUKWILA
NOV 19'2013
PERMIT CENTER
C31\ 3 EWE'Y
402 BAKER BOULEVARD �I
TUKWILA, WASHINGTON 98188
'SOUTH ELEVATION
.ANCE MUELLER S ASSOCIATES
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PERMIT CENTER
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NAV/ti.✓WVRTr.R�VR�- .
(FIDELITY NATIONAL TITLE OF WASHINGTON. INC..
ORDER N0. 16369540-410-720. DATED MARCH 13. 29131
PARCH. A:
THE NEST 172 FEET OF. THE SOUTH 190 FEET OF TRACT A ANDOVER
INDUSTRIAL PARK N0. 2. ACCORDING TO PLAT 7)EREOF RECORDED IN 7OLU E
71 OF PLATS PAGE 68. RECORDS OF KING COUNTY AUDITOR
PARCB B
THE EAST 78 FEET OF 7/E NEST 250 FEET OF Tie SOUTH 190 FEET OF TRACT
A ANDOVER INDUSTRIAL PARK. N0. 2 ACCORDING TO PUT THEREOF
RECORDED IN VOLUME 71 OF PLATS PAGE 68. RECORDS OF KING COUNTY
AUDITOR
PARCEL
THE HORTH 24 FEET OF THE SOUTH 214 FEET OF THE WEST 250 FEET OF
TRACT A ANDOVER INDUSTRIAL PARK. N0. 2. ACCORDING TO PLAT THEREOF
RECORDED IN VOLUME 71 OF PLATS PAGE 68, RECORDS OF KING COUNTY'
AUDITOR
SITUATE IN THE 1177 OF TWO/ILA. COUNTY OF KING. STATE OF WASHINGTON.
SPECIAL EXCEPTIONS PER SAID TIRE REPORT
Rag
EASEMENT ANO THE TERNS AND CONDITIONS THEREOF:
GRANTEE: CHICAGO. MILWAUKEE. 5T. 94(K AND PACIFIC RAILROAD COMPANY:
OREGON -WASHINGTON RAILROAD 6 NAVIGATION COMPANY; AND UNION PACIFIC
RAILROAD COMPANY PURPOSE: STANDARD GAUGE RAILROAD TRACKS
AREA AFFECTED A PORTION OF PARCELS A AND C (AS DELINEATED ON SAID
PLAT)
RECORDED: APRIL 21. 3975
RECORDING N0: 75042103/5 'PLOTTED ON MAP'
(1Bb7
MATTERS SET FORTH BY SURVEY:
RECORDED: JULY JULY 20, 1993
RECORDING ND: 9307209006
DISCLOSES' DISCREPANCY IN 80(90407 LINE ANO FENCE LINE OF PARCEL C
'SHOWN ON MAP'
11948
EASEMENT FOR LYDERGROIIMI ELECTRIC SYSTEM AMD THE TE/00 AND
13062171 NS THEREOF:
GRANTEE: PUGE7 SOUND POKER 6 LICHT 00.PAN7
AREA AFFECTED: A PORTION OF SAID PREMISES
RECORDED: JANUARY 30. 1989
RECORDING N0: 8901300959
R99 N0. 1 -PLOTTED ON KAP. 0-0-9 NO. 2 IS AS CONSTRUCTED'
CONVEYANCE OF EXISTING UTILITY EASEMENT FOR USE AS SIDEWALKEASEMENT
AND 711E 7ERKS ANO CONDITIONS THEREOF:
GRANTEE: CITY OF TUK07LA
AREA AFFECTED A PORTION OF SAID PARCEL A
RECORDER' NOVEMBER 30, 1995
R RECORDDOING NKC 9511300539 'PLOTTED ON MAP'
CONVEYANEM
CE OF EXISTING UTILITY EASEMENT FOR USE AS SIDEWALK EASEMENT
D hie TERMS AND CONDITIONS THEREOF:
GRANTEE: CITY OF TUOILA
AREA AFFECTED A PORTION 06 5410 PARCEL B
RECORDED NOVEMBER 30. 1995
RECORDING NO: 9511300510 'PLOTTED ON NAP'
A BEARING OF 088'25'27'E ON THE CENTERLINE OF BAKER BOULEVARD. PER THE
PRAT OF ANDOVER INDUSTRIAL PARK. N0. 2. AS PECORDED IN VOLUME 71 OF PLATS.
PAGE 68. RECORDS OF KING COUNTY. NA.
11 TIE SURVEY SHORN HEREON NAS PERFORMED IN MARCH OF 2013.
THE FIELD DATA WAS COLLECTED AND RECORDED ON MAGNETIC MEDIA THROUGH
AN ELECTRONIC TIE00.0LITE. THE DATA FILE IS ARCHIVED ON 015C OR CO.
WRITTEN FIELD NOTES NAY N07 EXIST.
2) APPROX. SUBJECT PROPERTY AREA 1S 59. 502 S0. FT. N- (1.23 N- ACRE)
PER THIS SURVEY.
3) SUBJECT PROPERTY TAX PARCEL NO'S. 0223100031. 0223100031 AND 0223100032.
1) A TITLE TEMPT WAS NOT FURNISHED. THEREFORE EASEMENTS IF ANY. ARE
NOT SHOWN ON THIS MAP.
51 SUBJECT PROPERTY I5 LOCATED IN ZONE 'X' WHICH 15 NOT LOCATED
IN 100 YEAR FLOOD HAZARD AREA AS PEA FEMA IUP PANEL NO. 53033C0950F
DATED MAY 16. 1995.
INSTRUMENTATION FOR THIS SURVEY NAS A LEILA ELECTRONIC DISTANCE
MEASURING (NIT. PROCEDURES USED IN THIS SURVEY HERE DIRECT AND
REVERSE ANGLES, NO CORRECTION NECESSARY. MEETS STATE STANDARDS
SET BY NAC 332-130-090.
MAD MONUMENT AS NOTED
SET PK NAIL AND SHINER AS NOTED
FOUR RE9AR 6 CAP A5 NOTED
SET 1EBAR 6 CAP AS NOTED
FLAG POLE
CATCH BASIN
SANITARY SEWER NAMODLE
ELECTRIC HMO HOLE
AIR CONDITIONING (9417
RATER METER
570601 DRAIN CLEAN OUT
FIRE HYDRANT
STORM GRAIN RANKLE
PTV POST INDICATOR VALVE
MATER VALVE
TV VAULT
WATER VAULT
ELECTR1C TRANSFORMER
SIDE SEINER CLEAN OUT
TELEPHONE RISER
10279)48.2400 HOLE
FIRE DEPARTMENT COREC710N
ASPHAL7 SURFACE
® RET. NALL
7,73 COD SURFACE
T® STAIRS
7.P. N0. TAX PARCEL RAWER
D. N. APRON DRIVEWAY ACCESS
CONK CONCRETE
9-0-0 RIGHT -OF -NAY•
( 1 RECORD AS NOTED
®N(NBER OF PARKING SPACES
-O
BUILDING LINE
CENTERLINE OF ROAD
EAVES
O- CHAIN LINK FENCE
0
GRAPHIC SC
AA,
20
40
60
BUILDING
T.P. M). 0013100036
BUILDING
RBN6
STANDARD GALKE
RAILROAD TRACKS
EASEMENT
RECORDING
NO. 7504210345
03-06-13
FOND REBAR 6 CAP
611004T(44
0.1. 5 O
PROPERTY COWER
ALL IS
ON LINE
MASOARY
BUILDING STORY FOOTPRINT
AREA 12.816 SO.FT.♦/-
402 BAKER BOULEVARD
TUOILA. WA. 98198
BUILDING
T.P. ��7lNS87
60' SETBACK
PER PLAT 71/68-6-9_--'"
MP. NO.
03-06-13
SET PK NAIL 6 XAS(ERI
6E0D LS 015025'I1
11111111
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AT PROPERTY CORNER
0-0-6
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03-06-13
OUL C001
MON IN CASE
BRASS DISC
CONN 0.7'
480.00' CALC'D
........::::'"PAGSC:........................................................................................................................................................................
...... A{":•::::::::'::'::':::•:::':::•::•:::•::•::'::'::':'::'::':::'::::•::::•::'::•::::•::•::'::'::':'::'::':::':::':::'::':.'::'::'::::':':::'::'::'::'::'.:'::.....::.'::::::':::•::::•::•�.::'::::::•::::':::'::'::•
03-06-13
SET PK NAIL 6 WASHER
'GSM LS /15025'
AT PROPERTY CORNER
358.95'
CALL '0
d
tA�
d
OOL D6
FCONC
MON IN CASE
BRASS DISC
CONN 0.45'
tpu"
PREM.:
RECEIVED
CITY OF TUKWILA
OCT 21 2013
PERMIT CENTER
z
9
ce
vi
HI
/1
.JOB NUMBER 13161
DATE: 03/08/2013
DRAFTED BY: Y.L.J.
CHECKED BY: E. J. S.
SCALE: 1' - 20'
6E-Y:ZS€QN=HZ^a.T_O/iY==
DATE: 03/20/2013
HEEN=NUMBER.-
0
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NEW LS ENDS HERE
CODE: 2012 EIBC
ZONE: TUC
CONSTRUCTION TYPE: V B --SPRINKLERED
OCCUPANCY TYPE: B & F & A-3
SITE AREA: 53,504sf
LANDSCAPING
15' FRONT AREA LANDSCAPE
0' SIDE AREA LANDSCAPE
SITE IMPERVIOUS: 46,056sf
1-"/-11/ -\.
PRODUCTION OFFICE AREA = 598sf
MANUFACTURING = 10,493sf
TASTING ROOM = 1,734sf
TOTAL BUILDING AREA = 12,825sf
PARKING:
PRODUCTION OFFICE AREA @ 3/1,000 = 2
MANUFACTURING @ 1/1,000 = 10
TASTING ROOM @ 1/100 = 17
TOTAL PARKING REQUIRED = 29
TOTAL PARKING SHOWN = 40
BUTI OTNG
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PA;RcEL c EXIST. SCREEN FENCE
EXIST. COVERED STORAGE
BUILDING CORNER
00 0 1 N OF EASEMENT
LINE
MEDIUM ROOF
1 MY
BUILDING GY F00 PRINT
AREA 12,940 90.FT..1-
402 BAKER BO1iLE✓ARO
TUKHIt4 WO 90288
HIGH ROOF
PARCEL fi
91)10CING CORNER
IS 0.1' 8 OF EASEMENT .
LINE
LANDSCAPING
LOW ROOF
Mt 8
UNDERGROUND ELECTRIC
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RECORDING NO. 9901100959
I EY..TRUOEO -
-- -- CURB
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PARKING DEMO EXIST.
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▪ NO 95+1300539
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— EXIST. LANDSCAPING
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LOADING AREA
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EASEMENT
PFA 01AT 71/59-89
250.01' CAL0'0
REMOVE EXIST.
CURB CUT &
REPLACE W/
4
NEW LS &
4—,-- ---_1— SIDEWALK
BASIS OF BEARIN
S88•25 27-E 1084.95' MEAS.
(1087. 00' PL Ai)
BAKER BOULEVARD
'PUBr IC ROA0940'
I-
LANDSCAPING
00' SETBACK LING
_Eta, PLAT 71/Ga-59_,— -
REM 1O
25' U011000' EASEMENT
RECORDING N0.
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EXIST. LANDSCAPING^ Ji
44. — — ---- 1— --
EXISTING BUILDING
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LEGEND:
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130' 9
9A
/ 13' 9 16'-4" 9 20' 19 20' 9 20'
SEXIST. 4x4 WOOD dOL.S (TYP.)
I I
EXIST. COVERED1 AREA W/ SPRINKLERS i UNDERNEATH
20'-4"
20'-4"
1
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PRODUCTION AREA
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STEP IN ROOF
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® NEW WALL
13'
32'
11
TASTING ROOM
60'
N •
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PRODUCTION OFFICE
OFFICE
25'
130'
FIRST FLOOR PLAN
SCALE: 1/8" = 1'-0"
0' 8' 16' 24'
Ln
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RECEIVED
CITY OF TUKWILA
OCT 21 2013
PERMIT CENTER
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TUKWILA, WASHINGTON 98188
130 LAKESIDE • SUITE 250 • SEATTLE, WA 98122 • 206 325 2