Loading...
HomeMy WebLinkAboutCOW 2025-10-13 COMPLETE AGENDA PACKET2 Tukwila City Council Agenda IILA-4; di 90 ❖ COMMITTEE OF THE WHOLE ❖ Thomas McLeod, Mayor Councilmembers •:• Mohamed Abdi •:• Armen Papyan Marty Wine, CityAdministrator •:• Dennis Martinez •:• Hannah Hedrick Tosh Sharp, CounciiPresident •:• Verna Seal •:• Joe Torres Camacho ON -SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 670077847# Click here to: Join if k:rosoft (realms Ill leetlilnmg For Technical Support: 1-206-433-7155 Monday, October 13, 2025; 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbally address the City Council both on -site at Tukwila City Haii or via phone or Microsoft Teams for up to minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycounciI tukwilawa.gov with your name and topic by 5:00 PM on the meeting 5 date. meeting, Please dearly indicate that your message is for public comment during the and you will receive further instructions. 4. PRESENTATIONS Police Department Meritorious Service Awards: Officer Josh Vivet Officer Mike Richardson Office Ryan McAdory Detective Eric Kunsmann 5. SPECIAL ISSUES a. An ordinance adopting a franchise agreement with Level 3 Communications. b. An ordinance amending regulations relating to the Tukwila International Boulevard district. Pg.1 Pg.51 6. REPORTS a. Mayor b. City Council c. Staff 7. MISCELLANEOUS 8. ADJOURNMENT This agenda is available at Tukwila Council If you are in please www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. and available at www.tukwilawa.gov meetings are audio/video taped, need of translation or interpretation contact us at 206-433-1800 services at a Council meeting, by 12:00 p.m. on the meeting date. WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https//w,tukwilawa.,,q©v/do,pairtiments/citi-courfcili COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's revieav Council revieav 10/13/25 ESC 10/20/25 ESC ITEM INFORMATION ITEM No. 5.A. STAFF SPONSOR: ERIC COMPTON ORIGINAL AGENDA DATE: 10/13/25 AGENDA ITEM TITLE Ordinance Granting a Non -Exclusive Franchise Agreement to Level 3 Communications CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 10/13/25 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIV SPONSOR'S SUMMARY Level 3 Communications is a business oriented internet service provider wanting to upgrade and expand their network in Tukwila. Council is being asked to approve the new ordinance for the franchise agreement that will allow Level 3 Communications to expand their network into Tukwila and provide connectivity for Tukwila Businesses. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Technology and Innovation Services / Joel Bush COMMII°IEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $o AMOUNT BUDGETED $o APPROPRIATION REQUIRED $o Fund Source: No FUNDING REQUIRED Comments: Under the terms of the Franchise, Level 3 Communications is required to pay a $6100 administrative fee. MTG. DATE RECORD OF COUNCIL ACTION 10/13/25 10/20/25 MTG. DATE ATTACHMENTS 10/13/25 Informational Memorandum dated 09/16/25 Draft Ordinance Granting Telecom Franchise Agreement Level 3 Communications Tukwila Franchise Application -Level 3 Communications Minutes from the 9/22 T&I Committee Meeting 10/20/25 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: City Council, Committee of the Whole FROM: Joel Bush, Chief Information Officer BY: Eric Compton, Franchise Analyst CC: Thomas McLeod DATE: 09/22/2025 SUBJECT: Franchise Agreement with Level 3 Communications ISSUE Approve an ordinance granting Level 3 Communications a new Franchise Agreement with a term of five (5) years. BACKGROUND State law provides cities the authority to establish franchises to telecommunication providers who wish to occupy city owned rights -of -way. Tukwila Municipal Code 11.32.060 requires all telecommunication providers to obtain franchise agreements with the City prior to approval to construct, maintain and operate within the City limits. DISCUSSION Level 3 Communications provides business internet services within the Tukwila City limits. Level 3 Communications previously had a Franchise Agreement with the City and is looking to upgrade their existing infrastructure to better serve their customers. FINANCIAL IMPACT Under the terms of the Franchise, Level 3 Communications is required to pay the City a $6100 administrative fee. RECOMMENDATION Council is being asked to approve the Ordinance granting Level 3 Communications a Franchise Agreement and consider this item at the October 13, 2025 Committee of the Whole and October 20, 2025 Regular Meeting. ATTACHMENTS Tukwila Draft Telecom Franchise Level 3 Communications 2 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, GRANTING TO LEVEL 3 COMMUNICATIONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR FIVE YEARS, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A TELECOMMUNICATIONS NETWORK, IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS -OF - WAY OF THE CITY OF TUKWILA, WASHINGTON; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Level 3 Communications, LLC, a Delaware Limited Liability Company, and its affiliates ("Franchisee") doing business in the State of Washington as "Level 3", has applied for a non-exclusive telecommunications franchise to construct, operate, and maintain telecommunications facilities upon, in, under, across, along, and over certain City rights -of -way; and WHEREAS, the Parties desire to execute a new nonexclusive franchise (this "Franchise") for purposes of operating and maintaining a telecommunications network; and WHEREAS, the City Council has the authority to grant franchises for the use of its streets and other public properties pursuant to RCW 35A.47.040; and WHEREAS, the City is willing to grant the rights requested by Franchisee for a telecommunications franchise subject to certain terms and conditions, which are acceptable to both parties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: 2025 Legislation: Level 3 Franchise Agreement Version: 09/042025 Staff: E. Compton 1 of 3 3 Section 1. Franchise Granted. The City of Tukwila, hereby grants a telecommunications franchise, attached and incorporated as Exhibit A, to Franchisee, AND ITS AFFILIATES. The term of this franchise shall be for five (5) years, commencing on the date the last party executes the franchise. Section 2. Terms & Conditions. The terms and conditions governing the franchise specified in Section 1. shall be those set forth on Attachment A to this Ordinance and incorporated herein by this reference as if set forth in full. Section 3. Deadline for Acceptance. The rights and privileges granted pursuant to this Ordinance shall not become effective until its terms and conditions are accepted by Level 3 Communications, LLC. Such acceptance shall contain any required letter of credit, evidence of insurance, all applicable fees pursuant to Section 14. of the Franchise, and shall be filed with the City Clerk within sixty (60) days after the effective date of this Ordinance. Such instrument shall conform substantially to Attachment B, and evidence the unconditional acceptance of the terms hereof and a promise to comply with and abide by the provisions, terms and conditions hereof. Section 4. Correction. The City Clerk are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2025. 2025 Legislation: Level 3 Franchise Agreement Version: 09/042025 Staff: E. Compton [signatures to follow] 2 of 3 4 ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachment A: Telecommunication Franchise with Level 3 Attachment B: Statement of Acceptance with Level 3 2025 Legislation: Level 3 Franchise Agreement Version: 09/042025 Staff: E. Compton 3 of 3 5 TELECOMMUNICATIONS FRANCHISE Between CITY OF TUKWILA, WASHINGTON And LEVEL 3 COMMUNICATIONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND ITS AFFILIATES This Telecommunications Franchise is entered into by and between the City of Tukwila, Washington a municipal corporation, hereinafter ("the City") and Level 3 Communications, LLC, a Delaware limited liability company, and its affiliates" who is hereinafter known as ("Level 3" or "Franchisee"). The City and Franchisee are sometimes referred to hereinafter collectively as the "parti es." Section 1. Franchise Granted. Section 1.1. Pursuant to RCW 35A.47.040, the City hereby grants to Level 3 a non- exclusive franchise (the "Franchise") under the terms and conditions contained in this franchise ordinance (the "Franchise Ordinance"). Section 1.2. This Franchise grants Franchisee the right, privilege, and authority to construct, operate, maintain, replace, acquire, sell, lease and use all necessary Facilities for a telecommunications network, in, under, on, across, over, through, along or below the public Rights -of -Way located in the City of Tukwila, as approved pursuant to City permits issued pursuant to this Franchise and in accordance with all applicable federal, state, and local codes. (a) "Facilities" as used in this Franchise means one or more elements of Franchisee's telecommunications network, with all necessary cables, wires, conduits, ducts, pedestals, antennas, electronics, and other necessary appurtenances; provided that placement by Franchisee of new utility poles is specifically excluded unless otherwise specifically approved by the City Equipment enclosures with air conditioning or other noise generating equipment are also excluded from "Facilities," to the extent such equipment is located in zoned residential areas For the purposes of this Franchise the term Facilities excludes "microcell" facilities, "minor facilities," "small cell facilities," all as defined by RCW 80.36.375, and "macrocell" facilities, including towers and new base stations and other Level 3 Franchise Agreement Version: 09/042025 6 1 of 36 similar facilities (except for fiber optic cables) used for the provision of "personal wireless services" as defined by RCW 80.36.375. (b) Public "Rights -of -Way" means land acquired or dedicated to the public or that is hereafter dedicated to the public and maintained under public authority, including, but not limited to, public streets or roads, highways, avenues, lanes, alleys, bridges, sidewalks, utility easements and similar public property located within the franchise area but does not include: State highways; land dedicated for road, streets, highways not opened and not improved for motor vehicle use by the public; structures including poles and conduits located within the right-of-way; federally granted trust lands or forest board trust lands; lands owned or managed by the State Parks and Recreation Commission; federally granted railroad rights -of -way acquired under 43 USC § 912 and related provisions of federal law that are not open for vehicular use; or leasehold or City -owned property to which the City holds fee title or other title and which is utilized for park, utility or a governmental or proprietary use (for example, buildings, other City -owned physical facilities, parks, poles, conduits, fixtures, real property or property rights owned or leased by the City not reserved for transportation purposes). Section 2. Authority Limited to Occupation of the Public Rights -of -Way Section 2.1. The authority granted pursuant to this Franchise is a limited authorization to occupy and use the Rights -of -Way throughout the City (the "Franchise Area"). No right to install any facility, infrastructure, wires, lines, cables, or other equipment, on any City property other than a Right -of -Way, or upon private property without the owner's consent, or upon any public or privately owned utility poles or conduits is granted herein. Franchisee hereby represents that it expects to provide the following services within the City: high speed data and fiber optic services, internet protocol -based services, internet access services, conduit and dark fiber leasing, telephone, data transport and other telecommunications and information services (the "Services"). Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Rights -of -Way of the City to the Franchisee other than for the purpose of providing the Services, nor to subordinate the primary use of the Right -of -Way as a public thoroughfare. Franchisee may not offer Cable Services as defined in 47 U.S.C. § 522(6) or personal wireless services, without obtaining a new franchise or an amendment to this Franchise approved by the City Council. Level 3 Franchise Agreement Version: 09/042025 2 of 36 7 Section 2.2. Notwithstanding the existence of this Franchise, the installation, construction, maintenance, use, operation, replacement and removal by Franchisee of any one or more Franchise Facilities will be subject to all applicable provisions of Title 11 TMC, including, but not limited to, the City's Infrastructure, Design, and Construction Standards, adopted by the City's Public Works Department of Public Works, the terms and conditions of City Rights -of -Way use permits issued pursuant to Title 11 TMC, the terms and conditions of City building permits issued pursuant to Title 16 TMC, and all other applicable laws, rules and regulations. Section 2.3. Franchisee shall have the right, without prior City approval, to offer or provide capacity or bandwidth to its customers consistent with this Franchise, provided: (a) Franchisee at all times retains exclusive ownership over its telecommunications system, Facilities and Services and remains responsible for constructing, installing, and maintaining its Facilities pursuant to the terms and conditions of this Franchise; (b) Franchisee may not grant rights to any customer or lessee that are greater than any rights Franchisee has pursuant to this Franchise, provided that leases or other commercial arrangements for the use of the Facilities installed pursuant to this Franchise may extend beyond the term of the Franchise; (c) Such customer or lessee shall not be construed to be a third -party beneficiary under this Franchise; and (d) No such customer or lessee may use the telecommunications system or Services for any purpose not authorized by this Franchise, unless such rights are otherwise granted by the City. Section 3. Non -Exclusive Franchise. Section 3.1. This Franchise is granted to the Franchisee upon the express condition and understanding that it shall be a non-exclusive Franchise which shall not in any manner prevent or hinder the City from granting to other parties, at other times and under such terms and conditions as the City, in its sole discretion, may deem appropriate, other franchises or similar use rights in, on, to, across, over, upon, along, under or through any Public Rights -of -Way. Additionally, this Franchise shall in no way prevent, inhibit or prohibit the City from using any of the roads, Public Rights -of -Way or other public properties covered or affected by this Franchise, nor shall this Level 3 Franchise Agreement Version: 09/042025 8 3 of 36 Franchise affect the City's jurisdiction, authority or power over any of them, in whole or in part. The City expressly retains its power to make or perform any and all changes, relocations, repairs, maintenance, establishments, improvements, dedications, or vacations of or to any of the roads, Public Rights -of -Way or other public properties covered or affected by the Franchise as the City may, in its sole and absolute discretion, deem fit, including the dedication, establishment, maintenance and/or improvement of new Public Rights -of -Way, thoroughfares and other public properties of every type and description. Section 4. Term; Early Termination. Section 4.1. The initial term of the Franchise shall be for a period of five (5) years (the "Initial Term"), beginning on the Effective Date of the Franchise, and continuing until the date that is one day prior to the fifth anniversary of the Effective Date (the "Initial Term Expiration Date"), unless earlier terminated, revoked or modified pursuant to the provisions of this Franchise. Section 4.2. The Franchise granted by this Franchise Ordinance shall automatically renew on the fifth anniversary of the Effective Date with the same terms and conditions as set forth in this Franchise, for one (1) additional five (5) year (the "Renewal Term," and, together with the Initial Term, the "Term"), unless either party provides one hundred twenty (120) days written notice to the other party to request an amendment to the Franchise. Section 5. Location of Facilities. Section 5.1. Franchisee is maintaining a telecommunications network, consisting of Facilities within the City. Franchisee may locate its Facilities anywhere within the Franchise Area consistent with the City's Infrastructure, Design and Construction standards and the Tukwila Municipal Code and subject to the City's applicable permit requirements. Franchisee shall not commence any construction or other similar work within a Public Right -of -Way until (i) a right- of-way use permit authorizing such work has been issued by the City pursuant to Title 11 TMC for a site -specific location or installation, including, but not limited to, relocations, and (ii) if required by Title 16 TMC, a building permit authorizing such work has been issued by the City. Section 5.2. To the extent that any Rights -of -Way within the Franchise Area are part of the state highway system ("State Highways"), are considered managed access by the City and are governed by the provisions of Chapter 47.24 RCW and applicable Washington State Department Level 3 Franchise Agreement Version: 09/042025 4 of 36 9 of Transportation (WSDOT) regulations, Franchisee shall comply fully with said requirements in addition to local ordinances and other applicable regulations. Franchisee specifically agrees that: (a) any pavement trenching and restoration performed by Franchisee within State Highways shall meet or exceed applicable WSDOT requirements; (b) any portion of a State Highway damaged or injured by Franchisee shall be restored, repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable WSDOT requirements; and (c) without prejudice to any right or privilege of the City, WSDOT is authorized to enforce in an action brought in the name of the State of Washington any condition of this Franchise with respect to any portion of a State Highway. Section 6. Relocation of Facilities Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice, it will promptly, at its sole cost and expense, protect, support, temporarily disconnect, relocate, or remove from any Public Right -of -Way any portion of the Franchisee Facilities when so required by the City due to any of the following reasons: (i) traffic conditions, (ii) public safety, (iii) dedications of new rights -of -way and the establishment and/or improvement thereof, (iv) widening and/or improvement of existing rights -of -way, (v) right-of-way vacations, (vi) freeway construction, (vii) change or establishment of road grade, or (viii) the construction of any public improvement or structure by any governmental agency acting in a governmental capacity; PROVIDED that the Franchisee shall generally have the privilege to temporarily bypass, in the authorized portion of the same Public Right -of -Way, upon approval by the Public Works Director, any Franchisee Facilities required to be temporarily disconnected or removed. The provisions of this Section 6. apply to all Franchisee Facilities wheresoever situated within any Public Right -of -Way, regardless of whether the Franchisee Facility at issue was originally placed in such location under the authority of an easement or other property interest prior to the property becoming a Public Right - of -Way. For the avoidance of doubt, such projects shall include any Right -of -Way improvement project, even if the project entails, in part, related work funded and/or performed by or for a third party, provided that such work is performed for the public benefit, and not primarily for the benefit of a private entity, and shall not include, without limitation, any other improvements or repairs undertaken by or for the sole benefit of third party private entities. Collectively all such projects Level 3 Franchise Agreement Version: 09/042025 10 5 of 36 described in this Section 6.1 shall be considered a "Public Project". Except as otherwise provided by law, the costs and expenses associated with relocations or disconnections ordered pursuant to this Section 6.1 shall be borne by Franchisee. Nothing contained within this Franchise shall limit Franchisee's ability to seek reimbursement for relocation costs when permitted by RCW 35.99.060. Section 6.2. Upon the request of the City and in order to facilitate the design of City improvements to Public Rights -of -Way, Franchisee agrees, at its sole cost and expense, to locate and, if reasonably determined necessary by the City, to excavate and expose, at its sole cost and expense, portions of the Franchisee Facilities for inspection so that the location of the facilities may be taken into account in the Public Project design; PROVIDED, that Franchisee shall not be required to excavate and expose the Franchisee Facilities for inspection unless Franchisee' s record drawings and maps of the Franchisee Facilities submitted pursuant to Section 13. of this Franchise are reasonably determined by the Public Works Director to be inadequate for the City' s planning purposes. The decision to require relocation of any Franchisee Facilities in order to accommodate Public Projects shall be made by the Public Works Director upon review of the location and construction of the Franchisee Facilities at issue. Where the City incurs additional costs in performing any maintenance, operation, or improvement of or to public facilities due to measures taken by the City to avoid damaging or to otherwise accommodate one or more Franchisee Facilities, Franchisee shall reimburse the City for the full amount of such additional costs promptly upon receiving the City's invoice for same. Section 6.3. Any condition or requirement imposed by the City upon any person or entity (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals for permits for zoning, land use, construction or development) which reasonably necessitates the relocation of any Franchisee Facilities for purposes of public welfare, health, or safety shall constitute a required relocation for purposes of this Section 6. Section 6.4. If the City determines that the Public Project necessitates the relocation of Franchisee's Facilities, the City shall provide Franchisee in writing with a date by which the relocation shall be completed (the "Relocation Date") consistent with RCW 35.99.060(2). In calculating the Relocation Date, the City shall consult with Franchisee and consider the extent of facilities to be relocated, the services requirements, and the construction sequence for the Level 3 Franchise Agreement Version: 09/042025 6 of 36 11 relocation, within the City's overall project construction sequence and constraints, to safely complete the relocation, and the City shall endeavor to provide Franchisee at least sixty (60) days' notice prior to the Relocation Date. Franchisee shall complete the relocation by the Relocation Date, unless the City or a reviewing court in collaboration with Franchisee and City establishes a later date for completion, as described in RCW 35.99.060(2). To provide guidance on this notice process, the City will make reasonable efforts to involve Franchisee in the predesign and design phases of any Public Project. After receipt of the written notice containing the Relocation Date, Franchisee shall relocate such facilities to accommodate the Public Project consistent with the timeline provided by the City and at no charge or expense to the City. Such timeline may be extended by a mutual agreement. Section 6.5. If Franchisee fails to complete this work within the time prescribed above and to the City's satisfaction, the City may cause such work to be done and bill the cost of the work to Franchisee, including all costs and expenses incurred by the City due to Franchisee's delay. In such event, the City shall not be liable for any damage to any portion of Franchisee's Facilities. Within thirty (30) days of receipt of an itemized list of those costs, Franchisee shall pay the City. In any event, if Franchisee fails to timely relocate, remove, replace, modify or disconnect Franchisee's facilities and equipment, and that delay results in any delay damage accrued by or against the City, Franchisee will be liable for all documented costs of construction delays attributable to Franchisee's failure to timely act. Franchisee reserves the right to challenge any determination by the City of costs for construction delays related to an alleged failure to act in accordance with this Section 6.5. Section 6.6. Franchisee will indemnify, defend, hold harmless, and pay the costs of defending the City, in accordance with the provisions of Section 19. against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of Franchisee to remove or relocate its Facilities in a timely manner; provided, that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the control of Franchisee or the negligence, willful misconduct, or unreasonable delay of the City or any unrelated third party. Section 6.7. In the event of an emergency posing a threat to public safety or welfare, or in the event of an emergency beyond the control of the City which will result in severe financial Level 3 Franchise Agreement Version: 09/042025 12 7 of 36 consequences to the City, which necessitates the relocation of Franchisee's Facilities, Franchisee shall relocate its Facilities within the time period specified by the City. Section 6.8. The provisions of this Section 6. shall in no manner preclude or restrict Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City -owned, operated, or maintained facilities, provided that such arrangements do not unduly delay a City construction proj ect. Section 6.9. Whenever any person shall have obtained permission from the City to use any Right -of -Way for the purpose of moving any building, Franchisee, upon thirty (30) days' written notice from the City, shall raise, remove, or relocate to another part of the Right -of -Way, at the expense of the person desiring to move the building, any of Franchisee's Facilities that may obstruct the removal of such building. Section 6.10. The provisions of this Section 6. shall survive the expiration, revocation, abandonment or termination of this Franchise during such time as Franchisee continues to have Facilities in the Rights -of -Way. Section 7. Undergrounding of Facilities. Section 7.1. Except as specifically authorized by permit of the City, Franchisee shall not be permitted to erect poles. All Facilities shall be installed underground. Franchisee acknowledges and agrees that if the City does not require the undergrounding of its Facilities at the time of permit application, the City may, at any time in the future, require the conversion of Franchisee's aerial facilities to underground installation at Franchisee's expense; provided that the City requires all other wireline utilities, except electrical utilities, with aerial facilities in the area to convert such facilities to underground installation at the same time. Unless otherwise permitted by the City, Franchisee shall underground its Facilities in all new developments and subdivisions, and any development or subdivision where all utilities, other than electrical utilities, are currently underground. Section 7.2. Whenever the City may require the undergrounding of the aerial utilities (other than electrical utilities and personal wireless services facilities) in any area of the City, Level 3 Franchise Agreement Version: 09/042025 8 of 36 13 Franchisee shall underground its aerial facilities in the manner specified by the City, concurrently with and in the area of the other affected utilities. The location of any such relocated and underground utilities shall be approved by the City. Where other utilities are present and involved in the undergrounding project, Franchisee shall only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Franchisee's own Facilities. "Common costs" shall include necessary costs not specifically attributable to the undergrounding of any particular facility, such as costs for common trenching and utility vaults. "Fair share" shall be determined for a project on the basis of the number and size of Franchisee's Facilities being undergrounded in comparison to the total number and size of all other utility facilities being undergrounded. Section 7.3. To the extent Franchisee is providing Services to personal wireless services facilities, Franchisee shall adhere to the design standards for such personal wireless services facilities, and shall underground its Facilities and/or place its Facilities within the pole as may be required by such design standards. For the purposes of clarity, this Section 7.3 does not require undergrounding or interior placement of Facilities within the pole to the extent that the personal wireless services facilities are located on utility poles that have pre-existing aerial wireline facilities and provided such construction of Franchisee's Facilities continue to comply with Section 7.1 or Section 7.2. Section 7.4. Franchisee shall not remove any underground cable or conduit that requires trenching or other opening of the Rights -of -Way along the extension of cable to be removed, except as provided in this Section 7.4. Franchisee may remove any underground cable and other related facilities from the Right -of -Way that has been installed in such a manner that it can be removed without trenching or other opening of the Right -of -Way along the extension of cable to be removed, or if otherwise permitted by the City. Franchisee may remove any underground cable from the Rights -of -Way where reasonably necessary to replace, upgrade, or enhance its Facilities, or pursuant to Section 6. When the City determines, in the City' s sole discretion, that Franchisee' s underground Facilities must be removed in order to eliminate or prevent a hazardous condition, Franchisee shall remove the cable or conduit at Franchisee's sole cost and expense. Franchisee must apply and receive a permit, pursuant to Section 9. , prior to any such removal of underground cable, conduit and other related facilities from the Right -of -Way and must provide as -built plans and maps pursuant to Section 13.1. Level 3 Franchise Agreement Version: 09/042025 14 9 of 36 Section 7.5. Both the City and Franchisee shall be entitled to reasonable access to open utility trenches, provided that such access does not interfere with the other party's placement of utilities or increase such party's actual costs. Franchisee shall pay to the City the actual cost to the City resulting from providing Franchisee access to an open trench, including without limitation the pro rata share of the costs to access the open trench and any costs associated with the delay of the completion of a public works project. The City shall pay to the Franchisee the incremental costs of providing such access to the open trench. Section 7.6. The provisions of this Section 7. shall survive the expiration, revocation, abandonment or termination of this Franchise. Nothing in this Section 7. shall be construed as requiring the City to pay any costs of undergrounding any of the Franchisee's Facilities unless otherwise required by RCW 35.99.060. Section 8. Emergency Work/Dangerous Conditions. Section 8.1. In the event of any emergency in which any of Franchisee's Facilities located in or under any street endangers the property, life, health or safety of any person, or if Franchisee's construction area is otherwise in such a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee shall immediately take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of individuals without first applying for and obtaining a permit as required by this Franchise. However, this shall not relieve Franchisee from the requirement of obtaining any permits necessary for this purpose, and Franchisee shall apply for all such permits not later than the next succeeding day during which the Tukwila City Hall is open for business. The City retains the right and privilege to cut or move any Facilities located within the Rights -of -Way of the City, in response to any public health or safety emergency. Section 8.2. Whenever the construction, installation or excavation of Facilities conducted by Franchisee as authorized by this Franchise has caused or materially contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street utilities or City property, the Public Works Director may direct Franchisee, at Franchisee's own expense, to take reasonable action to protect the public, adjacent public places, City property or street utilities, and such action may include compliance within a prescribed time. In the event that Franchisee fails or refuses to Level 3 Franchise Agreement Version: 09/042025 10 of 36 15 promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, before the City can timely contact Franchisee to request Franchisee effect the immediate repair, the City may enter upon the property and take such reasonable actions as are necessary to protect the public, the adjacent streets, or street utilities, or to maintain the lateral support thereof, or reasonable actions regarded as necessary safety precautions, and Franchisee shall be liable to the City for the costs thereof. Section 9. Work in the Rights -of -Way. Section 9.1. During any period of relocation, construction or maintenance, all work performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike manner, so to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. Section 9.2. Whenever Franchisee shall commence work in any Rights -of -Way for the purpose of excavation, installation, construction, repair, maintenance, or relocation of its cable or equipment, it shall apply to the City for a permit to do so and, in addition, shall give the City at least ten (10) working days prior notice (except in the case of an emergency) of its intent to commence work in the Rights -of -Way. The City shall only issue permits that are in compliance with the TMC and the City's generally applicable design standards. During the progress of the work, the Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights -of - Way, and all work by the Franchisee in the area shall be performed in accordance with applicable City standards and specifications. In no case shall any work commence within any Rights -of -Way without a permit, except as otherwise provided in this Franchise. Section 9.3. If the Franchisee shall at any time plan to make excavations in any area covered by this Franchise and as described in this Section 9.3, the Franchisee shall afford the other, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: Level 3 Franchise Agreement Version: 09/042025 16 11 of 36 (a) Such joint use shall not unreasonably delay the work of the Franchisee causing the excavation to be made; (b) Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (c) Franchisee may deny such request for safety reasons. Section 9.4. Except for emergency situations, Franchisee shall give at least seven (7) days' prior notice of intended construction to residents in the affected area prior to any underground construction or disturbance. Such notice shall contain the dates, contact number, nature and location of the work to be performed. At least twenty-four (24) hours prior to entering private property or streets or public easements adjacent to or on such private property, Franchisee shall physically post a notice on the property indicating the nature and location of the work to be performed. Door hangers are permissible methods of notifications to residents. Franchisee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Following performance of the work, Franchisee shall restore the private property as nearly as possible to its condition prior to construction, except for any change in condition not caused by Franchisee. Any disturbance of landscaping, fencing, or other improvements on private property caused by Franchisee's work shall, at the sole expense of Franchisee, be promptly repaired and restored to the reasonable satisfaction of the property owner/resident. Notwithstanding the above, nothing herein shall give Franchisee the right to enter onto private property without the permission of such private property owner, or as otherwise authorized by applicable law. Section 9.5. Upon receipt of a permit (except in emergency situations), Franchisee may trim trees upon and overhanging on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees from coming in contact with Franchisee's Facilities. The right to trim trees in this Section 9.5 shall only apply to the extent necessary to protect above ground Facilities. Franchisee' s tree trimming activities shall protect the appearance, integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible for all debris removal from such activities. All trimming shall be at the expense of Franchisee. Franchisee may contract for such services, however, any firm or individual so retained must first Level 3 Franchise Agreement Version: 09/042025 12 of 36 17 receive City approval prior to commencing such trimming. Nothing herein grants Franchisee any authority to act on behalf of the City, to enter upon any private property, or to trim any tree or natural growth not owned by the City except to the extent it is necessary that Franchisee trims trees or vegetation upon, overhanging, or encroaching on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent such vegetation from coming in contact with Franchisee's Facilities. Franchisee shall be solely responsible and liable for any damage to any third parties' trees or natural growth caused by Franchisee's actions. Franchisee shall indemnify, defend and hold harmless the City from third -party claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal. Franchisee shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Franchisee. Except in an emergency situation, all tree trimming must be performed under the direction of an arborist certified by the International Society of Arboriculture, unless otherwise approved by the Public Works Director or designee. Section 9.6. Franchisee shall meet with the City and other franchise holders and users of the Rights -of -Way upon written notice as determined by the City, to schedule and coordinate construction in the Rights -of -Way. All construction locations, activities, and schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption or damages. Section 9.7. Franchisee shall inform the City with at least thirty (30) days' advance written notice that it is constructing, relocating, or placing ducts or conduits in the Rights -of -Way and provide the City with an opportunity to request that Franchisee provide the City with additional duct or conduit and related structures necessary to access the conduit pursuant to RCW 35.99.070. Section 9.8. Prior to doing any work in the Rights -of -Way, the Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further, upon request from a third party or the City, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages to Franchisee's Facilities or for interruptions in service to Franchisee's customers that are a direct result of Franchisee' s failure to locate its Facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. Level 3 Franchise Agreement Version: 09/042025 18 13 of 36 Section 9.9. The provisions of this Section 9. shall survive the expiration, revocation, abandonment, or termination of this Franchise. Section 10. Restoration. Section 10.1. Franchisee shall, after installation, construction, relocation, maintenance, or repair of its Facilities, or after abandonment approved pursuant to Section 22. , promptly remove any obstructions from the Rights -of -Way and restore the surface of the Rights -of -Way to at least the same condition the Rights -of -Way were in immediately prior to any such installation, construction, relocation, maintenance or repair, provided Franchisee shall not be responsible for any changes to the Rights -of -Way not caused by Franchisee. The Public Works Director or designee shall have final approval of the condition of such Rights -of -Way after restoration. All concrete encased survey monuments that have been disturbed or displaced by such work shall be restored pursuant to federal, state (such as Chapter 332-120 WAC), and local standards and specifications. Section 10.2. Franchisee agrees to promptly complete all restoration work and to promptly repair any damage caused by work to the Franchise Area or other affected area at its sole cost and expense and according to the time and terms specified in the construction permit issued by the City. All work by Franchisee pursuant to this Franchise shall be performed in accordance with applicable City standards. Section 10.3. If conditions (e.g. weather) make the complete restoration required under Section 10. impracticable, Franchisee shall temporarily restore the affected Right -of -Way or property. Such temporary restoration shall be at Franchisee's sole cost and expense. Franchisee shall promptly undertake and complete the required permanent restoration when conditions no longer make such permanent restoration impracticable. Section 10.4. In the event Franchisee does not repair a Right -of -Way or an improvement in or to a Right -of -Way within the time reasonably directed to by the Public Works Director, or his/her designee, the City may repair the damage and shall be reimbursed its actual cost within sixty (60) days of submitting an invoice to Franchisee in accordance with the provisions of Section 14.3 and Section 14.4. In addition, and pursuant to Section 14.3 and Section 14.4, the City may bill Franchisee for expenses associated with the inspection of such restoration work. The failure Level 3 Franchise Agreement Version: 09/042025 14 of 36 19 by Franchisee to complete such repairs shall be considered a breach of this Franchise and is subject to remedies by the City including the imposition of damages consistent with Section 24. . Section 10.5. The provisions of this Section 10. shall survive the expiration, revocation, abandonment, or termination of this Franchise. Section 11. Safety Requirements. Section 11.1. Franchisee shall, at all times, employ professional care and shall install and maintain and use industry -standard methods for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and connections in, over, under, and upon the Rights -of -Ways, wherever situated or located, shall at all times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as required by applicable law during the construction, operation, maintenance, upgrade, repair, or removal of its Facilities. By way of illustration and not limitation, Franchisee shall also comply with the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety and Health Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to evaluate if they are constructed and maintained in a safe condition. Section 11.2. If an unsafe condition or a violation of Section 11.1 is found to exist, and becomes known to the City, the City agrees to give Franchisee written notice of such condition and afford Franchisee a reasonable opportunity to repair the same. If Franchisee fails to start to make the necessary repairs and alterations within the time frame specified in such notice (and pursue such cure to completion), then the City may make such repairs or contract for them to be made. All costs, including administrative costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee and reimbursed to the City pursuant to Section 14.3 and Section 14.4. Section 11.3. Additional safety standards include: (a) Franchisee shall endeavor to maintain all equipment lines and facilities in an orderly manner, including, but not limited to, the removal of all bundles of unused cable on any aerial facilities. Level 3 Franchise Agreement Version: 09/042025 20 15 of 36 (b) All installations of equipment, lines, and ancillary facilities shall be installed in accordance with industry -standard engineering practices and shall comply with all federal, State, and local regulations, ordinances, and laws. (c) Any opening or obstruction in the Rights -of -Way or other public places made by Franchisee in the course of its operations shall be protected by Franchisee at all times by the placement of adequate barriers, fences, or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible. Section 11.4. Stop Work Order. On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City. The stop work order shall: (a) Be in writing; (b) Be given to the person doing the work or posted on the work site; (c) Be sent to Franchisee by overnight delivery; (d) Indicate the nature of the alleged violation or unsafe condition; and (e) Establish conditions, consistent with the applicable laws, regulations, ordinances or generally applicable standards under which work may be resumed. Section 12. Work of Contractors and Subcontractors. Section 12.1. Franchisee's contractors and subcontractors shall be licensed and bonded in accordance with State law and the City's ordinances, regulations, and requirements. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by Franchisee and shall ensure that all such work is performed in compliance with this Franchise and applicable law. Level 3 Franchise Agreement Version: 09/042025 16 of 36 21 Section 13. Maps and Records. Section 13.1. The Franchisee agrees and covenants that it shall, within 10 days of substantial completion of any construction project involving a Public Right -of -Way, provide to the City, at no cost to the City, accurate copies of as -built plans and maps stamped and signed by a professional land surveyor or engineer in a form and content acceptable to the Public Works Director or designee. Section 13.2. Within thirty (30) days of a written request from the Public Works Director, the Franchisee shall furnish the City with information sufficient to demonstrate: (1) that the Franchisee has complied with all applicable requirements of this Franchise; and (2) that utility taxes due the City in connection with the Franchisee's services and Facilities provided by the Franchisee have been properly collected and paid by the Franchisee. Section 13.3. Books, records, maps, and other documents maintained by Franchisee with respect to its Facilities within the Rights -of -Way and which are reasonably necessary to demonstrate compliance with the terms of this Franchise, shall, after reasonable prior notice from the City, be made available for inspection by the City at reasonable times and intervals but no more than one time each calendar year or upon the City' s reasonable belief that there has been a violation of this Franchise by Franchisee; provided, however, that nothing in this Section 13.3 shall be construed to require Franchisee to violate state or federal law regarding customer privacy, nor shall this Section 13.3 be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. Unless otherwise permitted or required by State or federal law, nothing in this Section 13.3 shall be construed as permission to withhold relevant customer data from the City that the City requests in conjunction with a tax audit or review; provided, however, Franchisee may redact identifying information such as names, street addresses (excluding City and zip code), Social Security Numbers, or Employer Identification Numbers related to any confidentiality agreements Franchisee has with third parties. Section 13.4. Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose such information to comply with a utility tax audit, or in the event the City is permitted to charge franchise fees as further described in Section 15.1, or as otherwise required in this Franchise. Level 3 Franchise Agreement Version: 09/042025 22 17 of 36 Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential, trade secret, or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. In the event that the City receives a public records request under Chapter 42.56 RCW or similar law for the disclosure of information Franchisee has designated as confidential, trade secret, or proprietary, the City shall promptly provide written notice of such disclosure so that Franchisee may take appropriate steps to protect its interests. Nothing in this Section 13.4 prohibits the City from complying with Chapter 42.56 RCW or any other applicable law or court order requiring the release of public records, and the City shall not be liable to Franchisee for compliance with any law or court order requiring the release of public records. The City shall comply with any injunction or court order obtained by Franchisee that prohibits the disclosure of any such confidential records; however, in the event a higher court overturns such injunction or court order and such higher court action is or has become final and non -appealable, Franchisee shall reimburse the City for any fines or penalties imposed for failure to disclose such records as required hereunder within sixty (60) days of a request from the City. Section 13.5. On an annual basis, upon thirty (30) days prior written notice, the City shall have the right to conduct an independent audit of Franchisee's records reasonably related to the administration or enforcement of this Franchise and the collection of utility taxes, in accordance with GAAP. If the audit shows that tax payments have been underpaid by three percent (3%) or more, Franchisee shall pay the total cost of the audit. Section 14. Costs and Fees. Section 14.1. Franchisee shall pay a one-time fee for the actual administrative expenses incurred by the City that are directly related to the receiving and approving this Franchise pursuant to RCW 35.21.860, including the actual costs associated with the City's legal costs incurred in drafting and processing this Franchise, not to exceed the application fee of $6,100.00, which has already been paid by the Franchisee. No construction permits shall be issued for the installation of Facilities authorized until such time as the City has received payment of this fee; further, this Franchise shall be considered void if the fee is not paid within ninety (90) days of receipt of the invoice. Franchisee shall further be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs Level 3 Franchise Agreement Version: 09/042025 18 of 36 23 costs and expenses for review, inspection, or supervision of activities, including but not limited to reasonable fees associated with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of Section 14.3. Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the City in accordance with the provisions of Section 14.3 and Section 14.4 for any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee's Facilities, to the extent said emergency is not the fault of the City. Section 14.3. Consistent with state law, Franchisee shall reimburse the City within sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee's proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee's Facilities in the Right -of -Way. Such costs and expenses shall include but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or engage in any work in the Right -of -Way as the result of the presence of Franchisee's Facilities in the Right -of -Way. Such costs and expenses shall also include Franchisee's proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation of Franchisee's Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee's Facilities. Section 14.4. The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. Billing will be made on a monthly basis. Section 15. City's Reservation of Rights Section 15.1. Franchisee hereby represents that its operations as authorized under this Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as defined in RCW 35.21.860. As a result, the City will not impose a Franchise fee under the terms Level 3 Franchise Agreement Version: 09/042025 24 19 of 36 of this Franchise, other than as described herein. The City hereby reserves its right to impose a Franchise fee on Franchisee if Franchisee's operations as authorized by this Franchise change such that the statutory prohibitions of RCW 35.21.860 no longer apply or, if statutory prohibitions on the imposition of such fees are removed. In either instance, the City also reserves its right to require that Franchisee obtain a separate Franchise for its change in use. Nothing contained herein shall preclude Franchisee from challenging any such new fee or separate agreement under applicable federal, State, or local laws. Section 15.2. Franchisee acknowledges that its operation with the City constitutes a telecommunications business subject to the utility tax imposed pursuant to the TMC Chapter 3.50. Franchisee stipulates and agrees that certain of its business activities are subject to taxation as a telephone business and that Franchisee shall pay to the City the rate applicable to such taxable services under TMC Chapter 3.50, and consistent with state and federal law. The parties agree however, that nothing in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend TMC Chapter 3.50 as may be permitted by law. Nothing in this Franchise is intended to alter, amend, modify or expand the taxes and fees that may be lawfully assessed on Franchisee's Services. Section 16. Police Powers and City Ordinances. Section 16.1. Nothing in this Franchise Ordinance shall be deemed to restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of the Franchise granted by this Franchise Ordinance, including, but not limited to, any valid ordinance made in the exercise of the City's police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations, including design standards and utility accommodation policies, the location, elevation, manner of construction, and maintenance of any Franchisee Facilities located within any Public Right -of -Way or affecting any Public Right -of -Way, and the Franchisee shall promptly conform with all such regulations, unless compliance would cause the Franchisee to violate other requirements of law. In the event of a conflict between the regulatory provisions of this Franchise Ordinance and any other ordinance(s) enacted under the City's police power authority, such other ordinance(s) shall take precedence over the regulatory provisions set forth herein. Level 3 Franchise Agreement Version: 09/042025 20 of 36 25 Section 17. Limitation of City's Liability. Section 17.1. Administration by the City of the Franchise granted by this Franchise Ordinance shall not be construed to create the basis for any liability to any third party on the part of the City, its elected and appointed officials, officers, employees, and agents for any injury or damage from the failure of the Franchisee to comply with the provisions of this Franchise Ordinance; by reason of any plan, schedule or specification review, inspection, notice and order, permission, or other approval or consent by the City; for any action or inaction thereof authorized or done in connection with the implementation or enforcement of the Franchise by the City; or for the accuracy of plans submitted to the City. Section 18. Compliance with All Applicable Laws. Section 18.1. Each party agrees to comply with all present and future federal, state and local laws, ordinances, rules and regulations. Neither the City nor Franchisee waive any rights they may have under any such laws, rules or regulations. This Franchise is subject to ordinances of general applicability enacted pursuant to the City's police powers. Franchisee further agrees to remove all liens and encumbrances arising as a result of said use or work. Franchisee shall, at its own expense, maintain its Facilities in a safe condition, in good repair and in a manner reasonably suitable to the City. Additionally, Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. City reserves the right at any time to amend this Franchise to conform to any hereafter enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City ordinance enacted pursuant to such federal or state statute or regulation when such statute, regulation, or ordinance necessitates this Franchise be amended in order to remain in compliance with applicable laws, but only upon providing Franchisee with thirty (30) days written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, Franchisee makes a written request for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the call for negotiations, either party may pursue any available remedies at law or in equity. Level 3 Franchise Agreement Version: 09/042025 26 21 of 36 Section 19. Indemnification Section 19.1. Franchisee releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors from any and all claims, costs, judgments, awards, or liability to any person, for injury or death of any person, or damage to property to the extent caused by or arising out of any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance of this Franchise and any rights granted within this Franchise, except to the extent caused by the sole negligence, intentional misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Section 19.2. Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its obligations under this Section 19. . These indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised, with Franchisee's prior written consent, prior to the culmination of any litigation or the institution of any litigation. Section 19.3. The City shall promptly notify Franchisee of any claim or suit and request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City subject to this Section 19.3. City's failure to so notify and request indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to the extent that such failure prejudices Franchisee's ability to defend such claim or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant to the indemnification provisions within this Franchise, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City's actual and reasonable costs for defense of the action, including all expert witness fees, costs, and attorney's fees, and including costs and fees incurred in recovering under this indemnification provision. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to represent the City, then upon the prior written approval and consent of Franchisee, which shall not be unreasonably withheld, the City shall have the right to employ separate counsel in any action or proceeding and to participate in the investigation and defense thereof, and Franchisee shall pay the reasonable fees Level 3 Franchise Agreement Version: 09/042025 22 of 36 27 and expenses of such separate counsel, except that Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of the City for the City to bring or pursue any counterclaims or interpleader action, equitable relief, restraining order or injunction. The City's fees and expenses shall include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable value of any services rendered by the counsel retained by the City but shall not include outside attorneys' fees for services that are unnecessarily duplicative of services provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any such claim and the relevant records of each party shall be available to the other party with respect to any such defense. Section 19.4. The parties acknowledge that this Franchise may be subject to RCW 4.24.115. Accordingly, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Franchisee and the City, its officers, officials, employees, and volunteers, Franchisee's liability shall be only to the extent of Franchisee's negligence. It is further specifically and expressly understood that the each party specifically waives any immunity it may have under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. Section 19.5. Notwithstanding any other provisions of this Section 19. , Franchisee assumes the risk of damage to its Facilities located in the Rights -of -Way and upon City -owned property from activities conducted by the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors, except to the extent any such damage or destruction is caused by or arises from any sole negligence, intentional misconduct or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. In no event shall either party be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with its performance or failure to perform under this Franchise. Each party releases and waives any and all such claims against the other party, its respective officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages, lost profits and consequential damages, brought by or under users Level 3 Franchise Agreement Version: 09/042025 28 23 of 36 of Franchisee's Facilities as the result of any interruption of service due to damage or destruction of Franchisee's Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors except to the extent any such damage or destruction is caused by or arises from the sole negligence or intentional misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Section 19.6. The provisions of this Section 19. shall survive the expiration, revocation, termination, or abandonment of this Franchise. Section 20. Insurance. Section 20.1. Franchisee shall procure and maintain for the duration of the Franchise and as long as Franchisee has Facilities in the rights -of -way, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Franchise and use of the rights -of -way. (a) No Limitation. Franchisee's maintenance of insurance as required by the Franchise shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. (b) Minimum Scope of Insurance. Franchisee shall obtain insurance of the types and coverage described below: (i) Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be included as an additional insured under Franchisee's Commercial General Liability insurance policy with respect this Franchise using ISO endorsement CG 20 12 05 09 or CG 20 26 07 04, or substitute endorsement providing at least as broad coverage. (ii) Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. Level 3 Franchise Agreement Version: 09/042025 24 of 36 29 (iii) Contractors Pollution Liability insurance shall be in effect throughout the entire Franchise covering losses caused by pollution conditions that arise from the operations of Franchisee. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. (iv) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (v) Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as Franchisee's Commercial General Liability and Automobile Liability insurance. The City shall be named as an additional insured on the Contractor's Excess or Umbrella Liability insurance policy. (c) Minimum Amounts of Insurance. Franchisee shall maintain the following insurance limits: (i) Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. (ii) Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. (iii) Contractors Pollution Liability insurance shall be written in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000. (iv) Excess or Umbrella Liability insurance shall be written with limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through Franchisee's Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. (d) Other Insurance Provisions. Franchisee's Commercial General Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self -insured pool coverage maintained by the City shall be excess of Franchisee's insurance and shall not contribute with it. Level 3 Franchise Agreement Version: 09/042025 30 25 of 36 (e) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: -VII. (f) Verification of Coverage. Franchisee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Franchise.. (g) Subcontractors. Franchisee shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of Franchisee - provided insurance as set forth herein, except Franchisee shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. Franchisee shall ensure that the City is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 2026. (h) Notice of Cancellation. Franchisee shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. (i) Failure to Maintain Insurance. Failure on the part of Franchisee to maintain the insurance as required shall constitute a material breach of Franchise, upon which the City may, after giving five business days' notice to Franchisee to correct the breach, terminate the Franchise or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. (j) City Full Availability of Franchisee Limits. If Franchisee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by Franchisee, irrespective of whether such limits maintained by Franchisee are greater than those required by this Franchise or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Franchisee. (k) Franchisee — Self -Insurance. If Franchisee is self -insured or becomes self -insured during the term of the Franchise, Franchisee or its affiliated parent entity shall comply with the following: (i) provide the City, upon request, a copy of Franchisee's or its parent company's most recent audited financial statements, if such financial statements are not otherwise publicly available; (ii) Franchisee or its parent company is responsible for all payments within the Level 3 Franchise Agreement Version: 09/042025 26 of 36 31 self -insured retention; and (iii) Franchisee assumes all defense and indemnity obligations as outlined in Section 19. Section 21. Bonds. Section 21.1. Construction Performance Bond. Upon an application for a permit involving excavation, installation, construction, restoration or relocation of the Facilities and if required by the City, Franchisee shall furnish a performance bond ("Performance Bond") written by a corporate surety reasonably acceptable to the city in an amount equal to 150% of the construction cost, which should not be less than $2,000. The amount of the Performance Bond may be reduced during construction as determined by the City. The Performance Bond shall guarantee the following: (1) timely completion of construction; (2) construction in compliance with all applicable plans, permits, technical codes, and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the Rights -of -Way and other City properties affected by the construction; (5) submission of as -built drawings after completion of construction; and (6) timely payment and satisfaction of all claims, demands, or liens for labor, materials, or services provided in connection with the work which could be asserted against the City or City property. Said bond must remain in full force until the completion of construction, including final inspection, corrections, and final approval of the work, recording of all easements, provision of as - built drawings, and the posting of a Maintenance Bond as described in Section 21.2. Section 21.2. Maintenance Bond. Following excavation, installation, construction, restoration or relocation of the Facilities and if required by the City, Franchisee shall furnish a two (2) year maintenance bond ("Maintenance Bond"), or other surety acceptable to the City, at the time of final acceptance of construction work on Facilities within the Rights -of -Way. The Maintenance Bond amount will be equal to ten percent (10%) of the documented final cost of the construction work. The Maintenance Bond in this Section 21.2 must be in place prior to City's release of the bond required by Section 21.1. Section 21.3. Franchise Bond. Franchisee shall provide City with a bond in the amount of Twenty -Five Thousand Dollars ($25,000.00) ("Franchise Bond") running or renewable for the term of this Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise following notice and a reasonable opportunity to cure, then there shall be recovered Level 3 Franchise Agreement Version: 09/042025 32 27 of 36 jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to comply with the terms of this Section 20.1 shall constitute a material breach of this Franchise. The amount of the bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 22. Abandonment of Franchisee's Facilities. Section 22.1. Upon the expiration, termination, or revocation of the rights granted under this Franchise, Franchisee shall remove all of its Facilities from the Rights -of -Way within thirty (30) days of receiving written notice from the Public Works Director or designee. The Facilities, in whole or in part, may not be abandoned by Franchisee without written approval by the City. Any plan for abandonment or removal of Franchisee's Facilities must be first approved by the Public Works Director or his/her designee, and all necessary permits must be obtained prior to such work. Franchisee shall restore the Right -of -Way to at least the same condition the Rights -of - Way were in immediately prior to any such removal provided Franchisee shall not be responsible for any changes to the Right -of -Way not caused by Franchisee or any person doing work for Franchisee. Franchisee shall be solely responsible for all costs associated with removing its Facilities. Section 22.2. Notwithstanding Section 22.1 above, the City may permit Franchisee's improvements to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, and Franchisee's agreement to transfer ownership of the Facilities to the City, Franchisee shall submit to the City a proposal and instruments for transferring ownership to the City. Section 22.3. Any Facilities which are not removed within one hundred twenty (120) days of either the date of termination or revocation or the date the City issued a permit authorizing removal, whichever is later, shall automatically become the property of the City. Any costs incurred by the City in safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Level 3 Franchise Agreement Version: 09/042025 28 of 36 33 Section 22.4. If Franchisee leases a structure in the Right -of -Way from a landlord and such landlord later replaces, removes or relocates the structure, for example by building a replacement structure, Franchisee shall remove or relocate its Facilities within the Right -of -Way within ninety (90) days of such notification from the landlord at no cost to the City. Section 22.5. The provisions of this Section 22. shall survive the expiration, revocation, abandonment, or termination of this Franchise and for so long as Franchisee has Facilities in Rights -of -Way. Section 23. Forfeiture and Revocation. Section 23.1. If Franchisee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with any notice given Franchisee by the City under the provisions of this Franchise, then Franchisee shall, at the election of the Tukwila City Council, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Council after a hearing held upon notice to Franchisee. Section 23.2. Such hearing shall be open to the public and Franchisee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged noncompliance. This hearing does not give the right to either the City or Franchisee to conduct discovery, subpoena witnesses, or take depositions. Within thirty (30) days after the hearing, the Tukwila City Council, on the basis of the record, will make the determination as to whether there is cause for revocation, whether the Franchise will be terminated, or whether lesser sanctions should otherwise be imposed. The Tukwila City Council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the Tukwila City Council does not grant any additional period, the Tukwila City Council may by resolution declare the Franchise to be revoked and forfeited or impose lesser sanctions. If Franchisee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided Franchisee is otherwise in compliance with the Franchise. Level 3 Franchise Agreement Version: 09/042025 34 29 of 36 Section 24. Remedies to Enforce Compliance. Section 24.1. The City may elect, without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to comply with the provisions of the Franchise and to recover damages and costs incurred by the City by reason of Franchisee's failure to comply. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. In addition to any other remedy provided in this Franchise, Franchisee reserves the right to pursue any remedy available at law or in equity to compel or require the City, its officers, employees, volunteers, contractors and other agents and representatives, to comply with the terms of this Franchise. Further, all rights and remedies provided herein shall be in addition to and cumulative with any and all other rights and remedies available to either the City or Franchisee. Such rights and remedies shall not be exclusive, and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed or construed to effect any such waiver. The parties agree that in the event a party obtains injunctive relief, neither party shall be required to post a bond or other security and the parties agree not to seek the imposition of such a requirement. Section 24.2. If either party (the "Defaulting Party") shall violate, or fail to comply with any of the provisions of this Franchise, or should it fail to heed or comply with any notice given to such party under the provisions of this Franchise, the other party (the "Non -Defaulting Party") shall provide the Defaulting Party with written notice specifying with reasonable particularity the nature of any such breach and the Defaulting Party shall undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably determine the breach cannot be cured within (30) thirty days, the Non -Defaulting Party may specify a longer cure period, and condition the extension of time on the Defaulting Party's submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty (30) day cure period, and diligent prosecution of the work to completion. If the Level 3 Franchise Agreement Version: 09/042025 30 of 36 35 breach is not cured within the specified time, or the Defaulting Party does not comply with the specified conditions, the Non -Defaulting Party may pursue any available remedy at law or in equity as provided in Section 24.1 above, or in the event Franchisee has failed to timely cure or commence cure of the breach, the City may, at its discretion, (1) revoke this Franchise with no further notification pursuant to this Section 24. , (2) refuse to grant additional permits, or (3) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the Franchisee or Franchise Bond set forth in Section 21.3. Section 25. Non -Waiver. Section 25.1. The failure of either party to insist upon strict performance of any of the covenants and agreements of this Franchise or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such covenants, agreements or option or any other covenants, agreements or option. Section 26. Acceptance. Section 26.1. Within sixty days of the approval of this Franchise Ordinance, the Franchisee shall execute and return to the City its execution and acceptance of this Franchise in the form attached hereto as Attachment B. In addition, Franchisee shall submit proof of insurance obtained and additional insured endorsement pursuant to Section 20. , any applicable construction Performance Bond pursuant to Section 21.1, the Franchise Bond required pursuant to Section 21.3, and the administrative fee pursuant to Section 14.1. Section 27. Survival. Section 27.1. All of the provisions, conditions, and requirements of Section 6. , Section 7. Section 9. , Section 10. , Section 19. , Section 20. , Section 22. , Section 32.1, Section 35.3 and Section 35.4 of this Franchise shall be in addition to any and all other obligations and liabilities Franchisee may have to the City at common law, by statute, or by contract, and shall survive the City's Franchise to Franchisee for the use of the Franchise Area, and any renewals or extensions thereof. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee Level 3 Franchise Agreement Version: 09/042025 36 31 of 36 shall inure to its heirs, successors and assigns equally as if they were specifically mentioned where Franchisee is named herein. Section 28. Assignment. Section 28.1. This Franchise may not be directly or indirectly assigned, transferred, or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, unless prior written consent is provided to the City within sixty (60) days following the assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such notice shall not be required unless and until the secured party elects to realize upon the collateral. For purposes of this Section 28.1, no assignment or transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee's stock; provided, however, any tender offer, merger, or similar transaction resulting in a change of control shall be subject to the provisions of this Franchise. Section 28.2. Any transactions which singularly or collectively result in a change of 50% or more of the (i) ownership or working control (for example, management of Franchisee or its Telecommunications facilities) of the Franchisee; or (ii) ownership or working control of the Franchisee's Telecommunications facilities within the City; or (iii) control of the capacity or bandwidth of the Franchisee's Telecommunication facilities within the City, shall be considered an assignment or transfer requiring notice to the City pursuant to this Franchise. Such transactions between affiliated entities are not exempt from notice requirements. A Franchisee shall notify the City of any proposed change in, or transfer of, or acquisition by any other party of control of a Franchisee within sixty (60) days following the closing of the transaction. Section 29. Entire Agreement. Section 29.1. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this Franchise. Section 30. Extension. Section 30.1. If this Franchise expires without renewal or is otherwise lawfully terminated or revoked, the City may, subject to applicable law: Level 3 Franchise Agreement Version: 09/042025 32 of 36 37 (a) Allow Franchisee to maintain and operate its Facilities on a month -to -month basis, provided that Franchisee maintains insurance for such Facilities during such period and continues to comply with this Franchise; or (b) The City may order the removal of any and all Facilities at Franchisee's sole cost and expense consistent with Section 22. Section 31. Eminent Domain. Section 31.1. The existence of this Franchise shall not preclude the City from acquiring by condemnation in accordance with applicable law, all or a portion of the Franchisee's Facilities for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the area conferred by this Franchise. Section 32. Vacation. Section 32.1. If at any time the City, by ordinance, vacates all or any portion of the area affected by this Franchise, the City shall not be liable for any damages or loss to the Franchisee by reason of such vacation. If Franchisee has Facilities in the vacated portion of the Right -of -Way, the City shall use reasonable efforts to reserve an appurtenant easement for Franchisee within the vacated portion of the Right -of -Way within which Franchisee may continue to operate existing Facilities under the terms of this Franchise for the remaining period of the term set forth in Section 4. Notwithstanding the preceding sentence, the City shall incur no liability for failing to reserve such easement. The City shall notify the Franchisee in writing not less than sixty (60) days before vacating all or any portion of any such area, in which Franchisee is located. The City may, after sixty (60) days written notice to the Franchisee, terminate this Franchise with respect to such vacated area. Section 33. Hazardous Substances. Section 33.1. Franchisee shall not introduce or use any hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its agents, contractors or any person under its control to do the same. Franchisee will be solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, costs and liabilities including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration Level 3 Franchise Agreement Version: 09/042025 38 33 of 36 of the property to the extent caused by Franchisee's use, storage, or disposal of hazardous substances, whether or not intentional, and the use, storage or disposal of such substances by Franchisee's agents, contractors or other persons acting under Franchisee's control, whether or not intentional. Section 33.2. The obligations of the Franchisee under this Section 32.1 shall survive the expiration, revocation, abandonment, earlier termination of the Franchise granted by this Franchise Ordinance. Section 34. Notice Section 34.1. Any Notice or information required or permitted to be given to the parties under this Franchise agreement may be sent to the following addresses unless otherwise specified: CITY OF TUKWILA FRANCHISEE Section 34.2. The Franchisee's current emergency line is via the following number 877- 453-8353,and shall be available 24 hours a day, seven days a week. The Franchisee shall promptly notify the City of any change in the notice address or emergency contact (or title) and phone number. Section 35. Miscellaneous. Section 35.1. Franchisee shall pay promptly and before they become delinquent, all taxes on personal property and improvements owned or placed by Franchisee and shall pay all license fees and public utility charges relating to the conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay any other applicable tax unless documentation of exemption is provided to the City and shall pay utility taxes and license fees imposed by the City. Section 35.2. City and Franchisee respectively represent that its signatory is duly authorized and has full right, power and authority to execute this Franchise. Level 3 Franchise Agreement Version: 09/042025 34 of 36 39 Section 35.3. If a suit or other action is instituted in connection with any controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of its costs and expenses, including such sum as the court may judge as reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment or ruling. Section 35.4. This Franchise shall be construed in accordance with the laws of the State of Washington. Venue for any dispute related to this Franchise shall be the United States District Court for the Western District of Washington, or Snohomish County Superior Court. Section 35.5. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. Section 35.6. Where the context so requires, the singular shall include the plural and the plural include the singular. Section 35.7. Franchisee shall be responsible for obtaining all other necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Franchisee by any person or entity. Section 35.8. This Franchise may be enforced at both law and equity. Section 35.9. Franchisee acknowledges that it, and not the City, shall be responsible for the premises and equipment's compliance with all marking and lighting requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other liabilities caused by Franchisee's failure to comply with such requirements. Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or the Franchisee' s equipment is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate this Franchise immediately on notice to the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's expense. Section 35.10. This Franchise is subject to all current and future applicable federal, State and local laws, regulations and orders of governmental agencies as amended, including but not Level 3 Franchise Agreement Version: 09/042025 40 35 of 36 limited to the Communications Act of 1934, as amended, the Telecommunications Act of 1996, as amended and the Rules and Regulations of the FCC. Neither the City nor Franchisee waive any rights they may have under any such laws, rules, or regulations. Section 35.11. There are no third party beneficiaries to this Franchise. Level 3 Franchise Agreement Version: 09/042025 36 of 36 41 Attachment B STATEMENT OF ACCEPTANCE , for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. By: Date: Name: Title: STATE OF COUNTY OF )ss. ) On this day of , 2025, before me the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared, of , the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of Residing at MY COMMISSION EXPIRES: Level 3 Franchise Statement of Acceptance Version: 09/042025 42 1 of 1 City of Tukwila Telecommunications Franchise Application For Location of Telecommunications Facilities Within City Right -of -Way IMPORTANT: THIS APPLICATION CAN NOT BE SUBMITTED UNLESS ACCOMPANIED BY A FRANCHISE APPLICATION FEE DEPOSIT OF $5891.00 DOLLARS CONSISTENT WITH TUKWILA MUNICIPAL CODE AND FEE RESOLUTIONS. THIS DEPOSIT IS TO COVER ACTUAL ADMINISTRATIVE EXPENSES INCURRED BY THE CITY (INCLUDING STAFF AND ATTORNEY/CONSULTANT RELATED TIME) ASSOCIATED WITH THE REVIEW OF THIS FRANCHISE APPLICATION AND ASSOCIATED FRANCHISE NEGOTIATIONS. THIS IS ONLY AN INITIAL DEPOSIT; ADDITIONAL FEES MAY APPLY IF ADDITIONAL STAFF AND ATTORNEY/CONSULTANT RELATED TIME IS NECESSARY. Applicants may attach additional pages to further explain the answers below. If a question is not applicable to an application as in the case of a transfer of ownership of a franchisee without a change in the facilities and/or business operations of the acquired entity, an applicant may refer to the information in and the requirements of the underlying franchise. If you have any questions related to filling out this Franchise Application Form, please contact: Eric Compton via e-mail at Eric.Compton@TukwilaWA.gov. General Information Name of Applicant: Level 3 Communications, LLC Address: 931 14th Street Denver, CO City: Denver, CO State: Zip Code: 80202 Telephone: 805-719-6882 Has the Applicant obtained a city business license? ❑ Yes No PLEASE NOTE: All telecommunication carriers and transmitting, supplying, or furnishing telecommunications the City of Tukwila shall apply and obtain a Business License Tukwila Municipal Code. service providers engaged in the business of service of any kind originating or terminating in from the City pursuant to Chapter 5.04 of Name of Person Filing this Application: Title: Alexis Cutler, Contract Manager II, Lumen Company: Address: 5325 Zuni Street, Denver City: Denver Zip80C2 Code: : Telephone: 805-719-6882 {EFM2366038.DOCX;3/13174.000001/ } 1 43 State: CO Email: alexis.cutler:lumen.com Are you serving as agent for the above -named applicant? If yes, please attach proof of agency. ❑ Yes No Property and Facility Information Is this an application for: Yes ii No ❑ identify who currently holds the franchise: (i) New franchise? Yes ❑ No G1 (ii) Renewal/amending an existing franchise? (iii) Transfer of a franchise? Yes ❑ No 0, if yes, If you are renewing/amending an existing franchise, has your franchise otherwise expired? current franchise? Yes Z1 No ❑ If not, what is the expiration date of your Describe the telecommunications services that will be offered over the telecommunications facilities. Level 3 provides underground fiber optic telecommunication facilities in Tukwila, WA. The applicant may answer yes to one or more of the Are you proposing to install facilities for personal wireless Are you proposing to install small wireless facilities Yes ❑ Noni Are you proposing to install underground wireline facilities? Are you proposing to install aerial wireline facilities? Are you proposing to install only one facility in the right Are you proposing to operate cable service or other Are you proposing to install a wireless communications Are you proposing to install new poles in the right of Are you proposing to install replacement poles in the If you are proposing to install replacement poles in the following questions. These are existing facilities services? Yes ❑ No Di as defined by TMC 18.58.040 in the right of way? Yes ® No ❑ Yes ❑ No M of way? Yes ❑ No ffi video programming service? Yes ❑ No M tower in the right of way? Yes ❑ No N way? Yes ❑ No n right of way? Yes ❑ No X right of way, will these poles be over 60 feet? {EFM2366038.DOCX;3/13174.000001/ } 2 44 Yes ❑ No M Are you proposing to install ground equipment in the right of way? Yes F/ No ❑ No install, existing in Describe the telecommunications facilities and/or other equipment (including personal wireless services and wireless communications facilities) proposed to be located within the right-of-way. Please provide a photo simulation of the proposed facilities if available, which shall include a description of any interconnection and electrical requirements and a description of which structures the facilities will be connected or attached. Existing facilities, Describe the transmission medium that will be used to provide telecommunications. underground fiber optics Describe the areas of the city that are anticipated to be served. What is the expected build -out schedule for these areas? If the City is already built out, describe if there are any expected construction projects. No proposed construction, future maintenance activities including but not limited to overpulling fiber Describe your site access policies. manholes/hndholes for facility access Do you have an existing pole attachment or lease agreement with owners of poles in the right of way? Yes ❑ No Not pole facilities Have you coordinated with pole owners regarding usage of their facilities and their requirements for leases/pole attachments? Yes ❑ No X Is electrical power to your facilities needed? Yes ❑ No X N/A If electrical power is needed, please describe how the facilities will receive electrical power. Have you coordinated with the local electrical utility about their requirements to provide electrical power to your facilities? Yes ❑ No ►M Is backhaul infrastructure to your facilities needed? Yes ❑ No X Is the backhaul infrastructure provided by a third party? Yes ❑ No X If backhaul is needed, please describe how the facilities will receive backhaul. Have you coordinated with backhaul providers regarding their requirements to provide backhaul {EFM2366038.DOCX;3/13174.000001/ } 3 rastructure 45 services to your facility? Yes ❑ No ii If the facilities are using microwave technologies for backhaul, are there existing macro facilities within the city (or neighboring jurisdictions) to support this technology? N/A Please describe if your facilities will need any additional interconnection with existing telecommunications facilities or carriers. Renewal of Agreement for facilities already in the City ROW Indicate what licenses, certificates, and authorizations are required from the Federal Communications Commission, the Washington Utilities and Transportation Commission and any other federal or state agency with jurisdiction over the proposed activities. Have all such licenses, certificates and authorizations been obtained? Please attach your registration with the Washington Utilities and Transportation Commission. Attached Describe in detail the services that you expect to provide within the City, including whether the provision of services will be to commercial and/or residential customers. These facilities are for our CLEC - national infrastructure. commercial. Provide a summary of all utility taxes the proposed activities, facilities, and other equipment will be subject to. In doing so, provide an estimate of income/revenues that can be used to calculate estimated future utility taxes. Should the applicant believe it is not subject to any utility taxes, provide the basis for such belief. N/A Explain whether the Internet Tax Freedom Act does or does not apply to the services being provided. N/A The City of Tukwila reserves the right to ask additional questions on a case -by -case basis. {EFM2366038.DOCX;3/13174.000001/ } 4 46 Certification I certify that the information and any attachment submitted herewith are true and correct to the best of my knowledge and that I have the authority to file this application and act on behalf of the above -named telecommunications provider or carrier. Signature ,1477_4;t, Cue& Please Print Name Alexis Cutler Date 4/7/2025 Submit to: Received By: Signature Please Print Name Date ALSO SUBMIT WITH THIS COMPLETED APPLICATION FORM AS APPLICABLE: 1) Provide a map of the area to be covered by the franchise and include specific locations of initial build -out, if known. Identify which facilities will be underground, ground based and aerial. 2) Evidence of registration in the one -number locator service, as described in RCW Chapter 19.122. 3) Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate, and remove the facilities. 4) If the initial deployment is known, an 11"x17" set of preliminary construction designs, specifications, and a map for initial deployment with sufficient detail to identify the following items: a. The location and route requested for the applicant's proposed telecommunications facilities; and b. The location of overhead and underground public utility, telecommunication, cable, water, sewer drainage and other lines and equipment in the rights -of -way along the proposed route; and c. The specific trees, structures, improvements, facilities, lines and equipment and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate; and d. If the applicant is proposing an underground installation within new ducts or conduits to be constructed within the rights -of -way and to the extent specific locations are known: i. The location proposed for new ducts or conduits. ii. Evidence that there is sufficient capacity within the rights -of -way for the proposed telecommunications facilities; and e. Photo simulations of any small wireless facilities if such facilities are proposed which shall include a description of any interconnection and electrical requirements and a description of which structures the facilities will be connected to or attached. {EFM2366038.DOCX;3/13174.000001/ } 5 47 5) A preliminary construction schedule and anticipated completion date. 6) Description of any zoning or land use permits that have been applied for or obtained from the city, as applicable. 7) List of other Washington jurisdictions in which applicant has a franchise or master permit. {EFM2366038.DOCX;3/13174.000001/ } 6 48 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes September 22, 2025, 5:30 p.m. - Hybrid Meeting; City Council Conference Room & MS Teams Councilmembers Present Mohamed Abdi, Chair; Hannah Hedrick, Joe Camacho Staff Present Jen Tetatzin, Griffin Lerner, Eric Compton, Pete Mayer I. PRESENTATION II. BUSINESS AGENDA A. Ordinance: Franchise Agreement *Staff is seeking approval of an ordinance granting Level 3 Communications a franchise agreement with a term of 5 years. Committee Recommendation Unanimous approval. Forward to October 13, 2025 Committee of the Whole. B. Grant Award: South 130th Bioretention Planters Staff is seeking approval to accept $294,950 from the Washington State Department of Ecology Water Quality Combined Grant to fund design through 90% of bioretention planters in the vicinity of S. 130th St. Committee Recommendation Unanimous approval. Forward to October 6, 2025 Regular Meeting Consent Agenda. C. Grant Award: Stormwater Outfall Water Quality Retrofit Project Staff is seeking approval to accept $436,152.00 from the Washington State Department of Ecology Water Quality Combined Grant to fund the design through 90% of four stormwater outfalls. Committee Recommendation Unanimous approval. Forward to October 6, 2025 Regular Meeting Consent Agenda. The meeting adjourned at 5:50 p.m. if Committee Chair Approval Minutes by LH 49 50 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's revie2v Council revieav 10/13/25 IG 10/20/25 IG ITEM INFORMATION ITEM NO. 5.B. STAFF SPONSOR: ISAAC GLOOR, DCD ORIGINAL AGENDA DATE: 10/13/25 AGENDA ITEM TITLE Amendments to Tukwila Municipal Code relating to the Tukwila International Boulevard district and co -living housing. CATEGORY ® Discussion Mtg Date 10/13/25 ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 10/20/25 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIV SPONSOR'S SUMMARY The Council is being asked to consider and approve amendments to Tukwila Municipal Code Title 18, relating to various standards for the Regional Commercial and Neighborhood Commercial Center zoning districts, the table of allowed uses, the minimum parking requirements, the multi -family and mixed -use design standards, the adoption of a development incentive program, and standards for co -living housing. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 9/8/25 COMMITTEE CHAIR: HEDRICK RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development Comm' °IEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/13/25 MTG. DATE ATTACHMENTS 10/13/25 Informational Memorandum dated 10/13/25 Draft Ordinance - Title 18 Amendments Minutes from the 9/8 PCD Committee 10/20/25 51 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Community Development Committee FROM: Nora Gierloff, AICP, Community Development Director BY: Isaac Gloor, Senior Planner CC: Mayor Thomas McLeod DATE: September 8, 2025 SUBJECT: Amendments to Tukwila Municipal Code relating to the Tukwila International Boulevard district and co -living housing. ISSUE The Council is being asked to consider amendments to Tukwila Municipal Code Title 18, relating to various standards for the Regional Commercial and Neighborhood Commercial Center zoning districts, the table of allowed uses, the minimum parking requirements, the multi -family and mixed -use design standards, the adoption of a development incentive program, and standards for co -living housing. BACKGROUND Tukwila International Boulevard (TIB) Project The Tukwila International Boulevard neighborhood (see Figure 1) has been one of the City's highest priority areas for revitalization for more than 25 years. The area is highly multicultural and contains many small businesses. It also contains Tukwila's sole Link Light Rail station, which is the City's highest value transportation asset. The area is connected to Seattle, SeaTacAirport, and Snohomish County via high quality and frequent rail service, and to Renton, Burien, and Federal Way via bus rapid transit. However, it remains a relatively low -density, auto -oriented neighborhood. Redevelopment of vacant and underused properties has been slow, piecemeal, and has generally required labor intensive Development Agreements, which are one-off deals that allow exceptions from zoning standards. Tukwila's 2015 Comprehensive Plan intended to lay the groundwork to achieve the community's vision for the TIB neighborhood and create a "complete neighborhood" with diverse, locally -owned businesses, a safe and walkable main street, and excellent transit connections. It envisioned the TIB neighborhood as a destination for its own sake, rather than an arterial highway leading to "somewhere else". Figure 1 52 INFORMATIONAL MEMO Page 2 The 2024C©rm..prehensive Plan carried that vision forward, with the following goal': atlll���� These visions and goals were formed following many previous planning efforts, including the adoption of the rewritten zoning code in 1995, and the Tukwila International Boulevard Design Manual, and the Tukwila International Boulevard Revitalization and Urban Renewal Plan, from the years 1999 and 2000 respectively. In 2017, the City contracted with the Congress for the New Urbanism (CNU) to kickstart implementation of the Comprehensive Plan with a community workshop. After reviewing existing conditions, plans, and the community goals and visions for the neighborhood, the CNU then presented their recommendations to the City Council. The proposal featured more urban uses and development standards than the existing zoning. For example, the proposal would have prohibited most industrial uses and allowed a greater variety of residential and mixed uses. However, the concept proposed only small adjustments in some areas, a reflection perhaps of the different real estate market and development pressures of the time. For example, the maximum heights in the concept were set at 4 stories. The plan also included large stepbacks for upper stories, and sizable setbacks for certain properties. Some of those setbacks reached 20 feet. The concept included lower parking minimums than were in place at the time; it required 1 parking space for each dwelling. However, in the eight years since, residential parking requirements have been adopted city-wide that match the proposal. See pages 36-43 of the CNU report for the full conceptual development standards. In 2017, the City Council acted quickly to adopt measures that aligned with the recommendations of the CNU and established an immediate moratorium on certain uses within areas zoned Regional Commercial (RC) and Neighborhood Commercial Center (NCC) within the TIB area. Those uses included hotels, motels, extended -stay facilities, and auto -oriented commercial uses, such as gas stations, car washes, vehicular repair, service, or storage, commercial parking, and drive throughs. The intention of the moratorium was to quickly take interim steps that would prevent investment in the neighborhood that was incompatible with the vision. It was expected that the moratorium would be replaced by permanent changes to the zoning code. However, in 2018, the City Council determined that additional studies were needed to fully determine the impacts of rechannelization on traffic through the TIB neighborhood. As part of that decision, changes to the zoning code were placed on hold. In March of 2020,P.W. and .._0C_J...presented Fehr ..&Peers' ....ir a.t report to the City Council's Planning and Economic Development Committee. The outcome of that meeting was mixed, as the councilmembers present did not have a consensus on a preferred outcome of the rechannelization efforts. A clear timeline was not established to forward the topic to the full City Council. Shortly afterwards, the early scope of the impacts of the coronavirus pandemic became obvious. The Department and the City Council were required to cease all in -person activities and transition to fully remote operations. The pandemic contributed to unique budgetary constraints and affected 'Tukwila Comprehensive Plan 2024-2044, Land Use Element, Goat 11. 53 INFORMATIONAL MEMO Page 3 work timelines for all projects and resulted in TIB discussions being dropped from the City Council's work plan. There has been little progress to implement the community's vision for TIB within the last 5 years. The sole change to development I standards that resulted from the work from 2017-2020 was a minor change to the allowed uses in the RC and NCC zoning districts. The remainder of the zoning standards in the area remain largely similar to their original condition, established decades ago. The area contains the following zoning districts and overlay areas (see Figure 2 for a map of zones and overlays): • Regional Commercial (RC) • Neighborhood Commercial Center (NCC) • Community Residential (CR) • High -Density Residential (HDR) • Urban Renewal Overlay (URO) • Commercial Redevelopment Area (CRA) • Public Recreation Overlay (PRO) • Special Height Exception Area RIvertor dr°irdPiiri %n L IIIIIIIIIIIIIIIIII p1 1l% r:yM0011 AI.P111 rr'P.211 l� NI� The RC and NCC zoning districts F I 11 1 I I.'�`'' govern the development standards and allowed uses along Tukwila International Boulevard, and with some minor exceptions, exist only within the TIB neighborhood. Within the RC and NCC, development standards are complex and disjointed. It can be difficult to ascertain which standards apply to an individual parcel, given the presence of overlapping overlays. Feedback regarding the current standards includes that they are relatively onerous to work with, outdated, and incompatible with the City's plans, including Comprehensive Plan goals and policies, as well as the community's vision for the neighborhood. Until the zoning code is amended, substantial development within the TIB neighborhood is unlikely. IT See Table 1 for a summary of some of the current development standards in the RC and NCC zone: 54 INFORMATIONAL MEMO Page 4 Table 1: Summary of Development and Use Standards in the RC and NCC Regional Commercial Neighborhood Commercial Center Density Allowances Baseline: No maximum density 1 home per 2000 square feet of land area South of SR518: 1 home per 512 square feet of land area Setbacks (Setbacks increased if near CR or HDR properties) Fronts: Fronts: 20 feet Sides / Second Fronts: 6 feet (12 feet, if along TIB) Sides / Rear: 10 feet Rear: 10 feet Second Fronts: 10 feet 5 feet Heights Baseline: Baseline: 3 stories Link Light Rail Property: 3 stories Mixed -Use Buildings on TIB: 4 stories South of SR518: 4 stories 10 stories Recreation Space 200 square feet per home 200 square feet per home Examples of Allowed Uses • Cemeteries • Drive In Theaters • Light and Heavy Manufacturing • Motels • Drive Throughs • Self -Storage; Outdoor Storage • Warehouses • Vehicle Sales Lots • Single -Use Multi -Family Buildings • Single -Family Homes • Mixed Use Multifamily • Light Manufacturing • Restaurants (without drive- throughs) • Retail (with drive-throughs) • Vehicle Service Stations Examples of Prohibited Uses • Multi -Family Buildings on any property that borders Tukwila International Boulevard • Mixed -Use Multifamily Buildings (all multi -family buildings must be single -use) • Single -Use Multi -Family Buildings (all multi -family buildings must be mixed use) • Hotels • Offices • Taverns Design Standards Development uses TIB Design Manual • Developed in 1999 • Non -Compliant with Washington State Law (standards are not "Clear and Objective") • Difficult to administer, enforce, and understand. Table 2 uses three existing properties within the TIB neighborhood to highlight of the conflict between the current development standards and the vision and goals of the Comprehensive Plan. 55 INFORMATIONAL MEMO Page 5 Table 2: Application of Development Standards: Case Studies Maximum Possible Use Comprehensive Plan Policies Example 1 Site Address: 15210 Tukwila International Boulevard Current Use: McDonalds Drive -Through Restaurant Polaris SeaTat V (7 stories) malld Otodie Property Size: 77,416 square feet Zoning Designation: Regional Commercial 1100,100 gym;; TIB Link Light Rail Station Potential Developments: Low -Rise Offices Drive -Through Restaurants Self -Storage Prohibited Developments: Residential Mid -Rise or High -Rise Buildings continued next page Policy LU 11.7: "Prioritize this area for a more intensive, transit - oriented mix of mid- to high-rise office, multifamily residential and hospitality uses and services..." Policy LU 11.4: "Ensure that the Zoning Code and design guidelines support the types of development envisioned in the nodes." 56 INFORMATIONAL MEMO Page 6 Example 2 Site Address: 3400 S 150th Street Current Use: Single Story Light Industrial Property Size: 38,867 square feet Zoning Designation: Re• ional Commercial ruu r Potential Developments: Low -Rise Offices Drive -Through Restaurants Self -Storage Light Industrial Low -Rise Multifamily • 3 Stories • Maximum 19 homes Prohibited Developments: Mixed -Use Residential Mid -Rise or High -Rise Buildings • Policy LU 11.7: "Prioritize this area for a more intensive, transit - oriented mix of mid- to high-rise office, multifamily residential and hospitality uses and services..." • Policy LU 11.4: "Ensure that the Zoning Code and design guidelines support the types of development envisioned in the nodes." Example 3 Site Address: 3716 S 144th Street Current Use: Single Story Retail Property Size: 30,552 Square Feet Zoning Designation: Nei•hborhood Commercial Center Potential Developments: Drive -Through Restaurants Light Industrial Single Family Home Low -Rise & Mixed Use Multifamily • 3 Stories • First story must be commercial Prohibited Developments: Single -Use Residential Mid -Rise or High -Rise Buildings • Policy LU 11.5: "Designate this area for an attractive, walkable, locally oriented mix of uses, including multifamily residential, neighborhood -serving retail and services, restaurants, civic and social gathering spaces, and other people - intensive and customer - oriented activities that build on the Tukwila Village project." • Policy LU 11.4: "Ensure that the Zoning Code and design guidelines support the types of development envisioned in the nodes." Co -Living Housing 57 INFORMATIONAL MEMO Page 7 In 2024, the State legislature adopted, and the Governor signed, HQu..e._' 1111.99.... This bill requires that all cities, including Tukwila, permit co -living housing on multifamily zoned properties where the underlying zoning permits 6 multifamily dwelling units or more. The bill defines co -living housing as: "A residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building." These kinds of homes are often also called boarding homes, single room occupancies, or congregate living facilities. These kinds of homes were more common historically; in recent decades, restrictive zoning codes have resulted in their almost complete absence. Co -living housing is a type of housing that can provide rental homes affordable to people with moderate to low incomes without requiring any public funding. Rents in newly constructed, market -rate co -living housing in the Puget Sound region can be affordable to people with incomes as low as 50 percent of area median income. The bill also included restrictions on the quantity of parking that a City may require for co -living housing. The state -mandated deadline for adoption of the co -living housing regulations is December 31, 2025. This amendment is included within the TIB update proposal to aid efficiency. State requirements for Co -Living Housing are inflexible and prescriptive. As they require amendments to the table of allowed uses and definitions section, they are included with this proposal to avoid amending the same sections of code multiple times in short succession, which could result in versioning issues. DISCUSSION Staff finds that zoning code amendments are necessary to implement policies of the Comprehensive Plan and the community's vision for the Tukwila International Boulevard neighborhood, and comply with state requirements for co -living housing. The proposed code update would: • Amend development standards within the Regional Commercial and Neighborhood Commercial Center zoning districts to permit greater residential and commercial densities, with increases to permitted heights and reductions to required setbacks and stepbacks. • Amend and combine the tables of permitted uses to increase clarity and readability and permit a greater variety of residential and mixed uses in the RC and NCC zoning districts while discouraging auto -oriented, heavy industrial, and low -density uses. • Simplify the table of mandatory parking minimums and reduce or remove minimum parking requirements for certain uses. • Establish a development incentive program, wherein greater development rights may be granted to property owners who agree to provide community benefits. • Amend the design standards that apply to multi -family and mixed -use buildings and vehicular areas to provide greater clarity to applicants and comply with State requirements regarding "clear and objective" design review criteria. • Amend various other sections of TMC Title 18 to reflect the substantive changes detailed above, including the definitions and landscaping chapters. • Add a definition for Co -Living Housing and establish it as a permitted use in zoning districts that permit six (6) multi -family dwellings or more, in accordance with State requirements. 58 INFORMATIONAL MEMO Page 8 Staff held three workshops with the Planning Commission, where the current zoning code and past planning projects in the TIB neighborhood were reviewed, gaps between the zoning code and the goals and policies of the comprehensive plan were considered, and proposed code amendments were brainstormed and workshopped. The proposed zoning code amendments are a direct result of this collaborative process and build on the decades of planning and visioning work that the City and the TIB community have undertaken. On August 28th, the Planning Commission held a public hearing on this topic and forwarded a unanimous recommendation that the City Council approve and adopt the zoning code amendments. FINANCIAL IMPACT No direct financial impact is expected. Increased development capacity may increase permitting activity in the City, although permit activity is dependent on many other factors, including market viability and economic performance. If permitting activity does increase, additional DCD staff time for permit review and processing may be needed. However, the City would also be accepting greater permit revenues. RECOMMENDATION The Council is being asked to review the ordinance at the October 13 Committee of the Whole meeting and place this item on the consent agenda for the October 20, 2025 Regular Meeting. ATTACHMENTS • Attachment 1: Proposed Zoning Code Amendments 59 III AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2741 §4 (part), 2762 §2, 2765 §11 (part) & §13; 2765 §120, §122, §124, §125, §127, §134 & §135 AS CODIFIED AT VARIOUS SECTIONS OF TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING"; REENACTING TMC CHAPTERS 18.22 & 18.24; ESTABLISHING TMC CHAPTER 18.47 & TMC SECTION 18.60.080; RPEEALING VARIOUS ORDINANCES AS CODIFIED AT TMC CHAPTER 18.43; REPEALING TABLES 18-2 AND 18-5; TO AMEND & ESTABLISH REGULATIONS TO SUPPORT DEVELOPMENT IN THE TUKWILA INTERNATIONAL BOULEVARD DISTRICT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila Municipal Code ("TMC") Title 18 regulates zoning and land use in the City of Tukwila; and WHEREAS, the Tukwila International Boulevard ("TIB") district is one of Tukwila's highest priority areas for revitalization; and WHEREAS, the Tukwila Comprehensive Plan ("Comp Plan"), adopted on December 16, 2024, contains the goal that the TIB district "is a thriving, walkable, well-rounded neighborhood and a desirable place to live, work, shop, worship, or play"; and WHEREAS, the Comp Plan directs the City to "ensure that the Zoning Code and design guidelines support the types of development envisioned" within the TIB district; and WHEREAS, City staff have found that the existing development and design standards in the TMC are not in alignment with the goals and policies of the Comp Plan in relation to the TIB district and that an update of regulations supports the City's overall alignment with updates in state law, adopted housing goals, and the goals and policies of the Comp Plan; and 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 60 Page 1 of 32 WHEREAS, City staff recommend updating portions of the TMC, including sections related to the design, parking, and use standards, as well as to the development standards within the Neighborhood Commercial Center and Regional Commercial zoning districts, the Commercial Redevelopment Areas, the Urban Renewal Overlay, and the Special Height Overlay to bring these regulations into compliance with the Comp Plan, adopted housing goals, and state regulations; and WHEREAS, there are also certain ambiguities and policies in the TMC that need to be revised and updated; and WHEREAS, existing language and formatting of Title 18 require revisions to improve clarity, readability, and consistency; and WHEREAS, City staff prepared code amendments to address the above referenced changes for consistency, readability, and compliance with the Comp Plan and state law (collectively the "TIB Code Amendments"); and WHEREAS, on July 22nd, 2025, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed TIB Code Amendments; and WHEREAS, the Tukwila Planning Commission held a properly noticed public hearing on August 28th, 2025 to solicit and receive public comment, and following that hearing, recommended that the Tukwila City Council approve the proposed TIB Code Amendments; and WHEREAS, on October 20th, 2025, after considering the analysis and proposed TIB Code Amendments prepared by City staff, the recommendation from the Planning Commission, and the public comments received (if any), the City Council desire to adopt the TIB Code Amendments as set forth herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council finds as follows: A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as Findings of Fact in support of the adoption of this ordinance. B. The amendments that are established below comply with the requirements of the Washington State Growth Management Act and the Tukwila Municipal Code (TMC). Section 2. Regulations Established. The following sections are hereby established in TMC 18.06, "Definitions," to read as follows: El„„ t116„„„ t13n uu u'useui i(Nui 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 2 of 32 61 C&C7 Eun Ilk: VVa1111110 0E3 ll a n k„. Na " roau(,((!art(t arty b nd '81'200 t a t d ru(..)t IIn(a.11u„„„u a t r'a risp(ar(:':i:(!rut \s(IIndcm D 1M(JOh1O OOOhu nOi011 h rid rt. a h t OL EOH v:nciWa11111111 5) HnO3(;„„„)11"11"11iwOhv(,((((sII St 0 11'1:;]., putc.)p(..).'S („:„„).11-pOnOiO wza 0 0 (..)f .(,.(ta ((arit ivi, that S d(,(t,,,,((all(.1021(tuo((arit „„ (116 „„ 2313 OIL) trcw Log s 3" roau(:':i:(!zart(„3O, d b d 0. O,zarts tc.). grtysIId((a 020T0d 0„„g„„t'S („:„„„) r t h W h („„).11,,Oly (..).11- II us pzart, thrt)u„„„ulalltu (a us zatIO:,((aridzarit (..)r1 wOri ((los ((1u„„„ut(..).1rtizatd rti (a hvvw, tc.). p((ar(s(:)us S Ile(:1„':111"'"0"'"0 01 0 0'1 „'„'„1 vn vhRs11((aS whII(sh ((ir(,i,',(! II us ((i 8.06 :L. 1111.8yina 00 IIII unggun Cfat ung ;'11rti ((aO th „„„ ((a II rig u„„„u us II „„ t O II 1(1 d d ((a rtO t ((a d 1(1 d (..) (a.k b ((a (arid prcs,t d ((a 0 II .(,1/ II rig (a d S rui1 d d "t„.'1,S h ot((ak vO(ah ((a us “11"(za (a. II 0 t ((a S W0th (st h ((a r Sh npvv qll,„JuO 1„:111(:':) bij ukivvs i3„„(1115 "I"' 11"" EEasi011y A 0,12 al III yp op 10 1 y(„spi t Okrit(,((!rnzit o(..)su (a 0 1E3 u„„„u II Od (;3(..).d(,((! II u ld t nt n (at II (..)n a 0 111""""' s(,((! (.3 d i3„„(1116„„250 „ingt (an 111DrIIIInk:IIIIoTa 1.10 s ((irid/(..)rbv o t („:„„„) "00'"11(:1„':1! p0 ibOP ud us(::] r(:':i:(!StZa o oo u ok, bu , t zap v, br(,((sspu„„„lbS,(„„X„:„„:„YOIN:1„':1!(:1„':1! ;!c21„0:02[§„0[00i020:0[§f2§l201t0:„hi'''1!002210!A002„,1]„„„„„0:„„0„,0„,g10„t!';'!„„0„,0!„„„[,2„„!!:2„:„„, pc.,A(:((!rit Oza 11:::(..)r (alt(:((!((itOru(;g ott 01(:1„':1! r"10 !"„S(1„':1! SO"'"0"0 („:„„„)k.c2 do oO, vobo".Zit„ (61h („:„„). r (..)th(:((!r (:((cst(((!rr(uzall (:':i:(!ri.(sOnsrsrlau (:i:a((t t h S d(:(((lfiri It II (..)ri ((isu d p((a rfc)niu 1r8ata zay bo 0000 Its) r(a d 000 10 opOo(a L„,No S "00"11Z10 i0w"'„1„1!y::/y3 0 0 t h S d(:(((lOi us It II (s ri 00 („„',. 11,„,d(,((!bu„„„ut 10 0 1ot 0 II rti It((ad tc.). 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 62 Page 3 of 32 140 •O!!'„SSI,,,,, 0 ri IH,,„.,,,,,,,gaza II rit,,,,, r5.,,,2p(,',',',',',', r., p II Z„1 .'"'„3„t 0 („„„','S,,,, riL„„ubbA,i,',',!r,,,,,,, t II II ,,,,,,!,,,,,,, arid w(5(„„).d „ „ IM.,,,EarTL„,,ull'a(:11„„„urlIrlci,,,, „pr(„„„).(„„„ S 0 rill,. .,E,, „rulrull b II II rill,,,,, Ipza(:k.ail,II111,1 a ri dic)r r(,',',i,',!,02.za II ririi5 „t[„„II Zit Z„1 0 %(•",',:':„:„:1,1MS 11"„11'11 (:„:„:14':„:„A „t[„„II 0 S d(:„:„:1r0:i 0'1 01„ 0 (D 0'1 0 Ill (2',1111„„J d(:„:„:1!,,,,,,, OD IL„,,It Z„111-(:„:„:1! Ir„10t 0 0 111'11 01„„(:„:„:1d t(„:„„„) „ ' El„„(„116„„513'7' IIINI IIIIgullbto5,1111Lo lb 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 4 of 32 63 Section 3. Ordinance No. 2741 §4 (part), as codified at various sections of TMC Chapter 18.06, "Definitions," is hereby amended to read as follows: 18.06.005 General Definitions Except where specifically defined in this Chapter, all words used in this title shall ac o ..... . ��, ^„� ��:I6 r� . "�h�, �` .,„, �..„� x. ..��:I6 " �. r� ., ^��"�h�,. • ,.. „� x �r� „�. "�h�, .„� ��:I6 x. ,., crr their cvto r I_J Illl�u.. (.I��..��L�..0 (...u�L�..�uu�.. �I�..Iluu�uLu�..u�.. �..II L�..�.I�u°�u�°�mII �..�u��I „prodII..,unmII Lm S d LI u noli,.u�., rfi oII..uI. III (..,A III uLE3.. Any r no h re un n ot d n Illl..,ul. deli un a rip., o Lh adopt e d re g„,u II at II onor stet L„„rte.. L.uch a .. b L.uI. n aI. Iluu u u uLe d to nLe u naLuo n aII „ ., :, :, RE) :.. :, ,. x. :, :,:, fe :, x..,,:, Ilk..�Il..,ua III Iuu ��.. �,..,fl�.,�� I�., �.,�u LII��., ORE) ��a,��., � I ode �.,�� ���..�,�Il�uu ��': L�.,�u � u,� II��., a �., III �..�� I�.,� �L� � I bya �., II �., a �. a ��:.� . Words used in the present tense include the future, and the plural includes the singular; the word "he" or "his" shall also refer to "she" or "her," the word "shall" is always mandatory, the word "may" denotes a use of discretion in making a decision; the words "used" or "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied." 18.06.07' Block "Block" means a group of lots, tracts or parcels, which have been subdivided, and are entirely surrounded by highways or streets or in part by a well-defined or fixed boundary. 18.06.073 Boarding House "Boarding house" means a residential building or use which provides housing on a short term commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities, hotels and motels, extended -stay hotels or motels, shelters, and facilities which provide short- or long-term care for tenants suffering from physical, mental or other disabilities. 18.06.24'12 Durable Uniform Surface "Durable uniform surface" means a durable uniform surface approved for the storage of vehicles by the City and consists of: 1. Permeable pavement, such as grasscrete, porous pavers, permeable asphalt; or 2. Three inches of 3/8" to 1-1/4" crushed porous aggregate consisting of open - graded top course, base course, or similar material with 35-40% porosity. Mud or other fine materials should be prevented from working their way to the surface by the installation of a geotextile fabric, quarry spalls, or other approved materials below the porous aggregate; or 3. Concrete (4" minimum Portland cement concrete) over gravel section as described above and sloped to drain to prevent drainage impacts; or 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 64 Page 5 of 32 4. Blacktop (2" minimum asphalt concrete pavement) over gravel section as described above and sloped to drain to prevent drainage impacts; or 5. Any other configuration of materials approved by the City that maintains a durable uniform surface and prevents drainage impacts. 18.06.2415 Dwelling, Manufactured Home or Mobile Home "Manufactured home dwelling" means a single-family dwelling required to be built in accordance with the regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 18.06.24„''i6 Dwelling, Middle Housing "Middle housing dwelling," means a building or buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing. 18.06.2497 Dwelling, Mobile Home "Mobile home dwelling," means a factory -built dwelling constructed before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 and acceptable under applicable State codes in effect at the time of construction or introduction of the home into this state. 18.06.2468 Multi -Family "Multi -family dwelling" means a building designed to contain two or more dwelling units, and not meeting the definition of a middle housing dwelling. Duration of tenancy in multi -family dwellings is not less than one month. 18.06.24/0 Dwelling, Single -Family "Single-family dwelling" means a building, modular home or new manufactured home, designed to contain no more than one dwelling unit plus two accessory dwelling units. 18.06.2i"1 Dwelling Unit "Dwelling unit" means the whole of a building or a portion thereof providing complete housekeeping facilities for a group of individuals living together as a single residential community, with common cooking, eating and bathroom facilities, other than transitory housing or correctional facilities as defined in this code, which is physically separated from any other dwelling units which may be in the same structure. 18.06.353 General Retail 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 6 of 32 65 "General retail" is a business or a store which engages in the sale of goods and/or services to the general public. Examples include Il l..,ui: are riot Illiu.ir.ulii: i i:c) St0u"e" that 1003 (10IIII (1111110 II O i.h u u 1 (Dr (...)u i .. L.0 2o o d .. 0000 011 u°1 d p c, a . (., u°1 01111111 1003 (., a v (.... .. L.0 C111111 0111111003 ba a be 1111113,0000 ...LI' !:.:" ..1111 JI::.::t..:° JI' ..:' .,..- epart ent stores and personal service shops. 18.06.58 6 Motel "Motel" means a building or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for the purposes of transitory housing. A motel includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names but does not include accommodations for travel trailers or recreation vehicles. Motel rooms shall have their own private toilet facilities and may or may not have their own kitchen facilities. Motels are distinguished from hotels primarily by reason of providing adjoining parking and direct independent access to each rental unit. Motels shall not include dwelling units, as defined in this section, for permanent occupancy. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. 18.06.5856 Native Vegetation "Native vegetation" means plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and that reasonably could be expected to have occurred naturally on the site. 18.06.5867 New Manufactured Home "New manufactured home" means any manufactured home required to be titled under Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2). Section 4. Ordinance No. 2741 §4 (part), as codified at TMC Section 18.06.074, "Brew Pub," is hereby repealed, thereby deleting this section. 18.06.07 "Brew pub" means a restaurant type establishment that meets the following criteria: 1. Sells beer for consumption on site and sale in sealed containers; 2. Restaurant portion can be no larger than 8,000 square feet; 3. Produces beer in batch sizes not le-s than seven U.S. barrels (thirty one gallons); /1. Produces no more than 2,000 barrels of beer per year; 5. The brew house is enclosed with an air treatment system; 6. Revenue from food sales must comprise at least 60% of total business revenues. 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 66 Page 7 of 32 Section 5. Ordinance Nos. 2741 §4 (part) and 2762 §2, as codified at TMC Chapter 18.08.010, "Use Districts," is hereby amended to read as follows: 18.08.010 Use Districts A. In order to classify, segregate and regulate the uses of land, buildings, and structures, the City is divided into the following use districts: CR Community Residential HDR High Density Residential MUO Mixed Use Office 0 Office RCC Residential Commercial Center NCC Neighborhood Commercial Center RC Regional Commercial RCM Regional Commercial Mixed -use TUC Tukwila Urban Center C/LI Commercial/Light Industrial LI Light Industrial HI Heavy Industrial MIC/L Manufacturing Industrial Center/Light MIC/H Manufacturing Industrial Center/Heavy TSO Tukwila South Overlay TVS Tukwila Valley South PRO Public Recreation Overlay SOD Shoreline Overlay SAOD Sensitive Areas Overlay UROD Urban enew I Overlay y Section 6. Ordinance No. 2765 §11 (part), as codified at TMC Chapters 18.10.010, "Purpose," and 18.10.020, "Land Uses Allowed," are hereby amended to read as follows: 18.10.010 Purpose A. This district implements the Community Residential Comprehensive Plan ("CR") designation. It is intended to provide low -density and medium -density residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods. B. Certain CR properties are identified as Commercial Redevelopment Ar as (see Figures 18 9 or 18 10) to encourage aggregation with commercial properties that front on sites support implementation of the Pacific Highway Revitalization Plan and provide opportunities to redefine and cr ate more uniform borders between the commercial corridor and the adjacent residential neighborhoods. C. Certain CR properties are located in the Urban Renewal Overlay (see Figure family buildings are permitted. The overlay provides additional alternate development 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 8 of 32 67 request of the property owner, and if the development meets certain qualifying criteria Urban Renewal Overl trict standards support implementation of the Tukwila 18.10.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." 111"parco. lh rfi a 10"'Redtit tett 0 cprroE:',fiorfit ,J1Nre!.1 rro pi be p erni d c00) 00000000000,000100001 gt00000ttt000000 w t 0110,00, 0001 001 d 10.00 S h (0000000 h (0000000 c0t12 tro (0000000 tit Stinthurd ind 00,002(0000000rni d 10.00 S Ofiny idi i 02arcoe w0t[-fi 0 0-1 ;Eon 0 rfi 00001 doRt, parfit t(„„„„„). """OTM(:; E°3 „ E00i WO„ Section 7. Ordinance Nos. 2741 §4 (part) and 2765 §13, as codified at TMC Chapters 18.14.010, "Purpose," and 18.14.020, "Land Uses Allowed," are hereby amended to read as follows: 18.14.010 Purpose A. This district implements the High -Density Residential (HDR) Comprehensive Plan designation. It is intended to provide a high -density, multiple -family district which is also compatible with commercial and office areas. Certain HDR properties are identified as Commercial Redevelopment Ar as (see Figures 18 9 or 18 10) to encourage aggregation and redevelopment of properties that front on Tukwila International Boulevard. Aggregation and commercial redevelopment of these sites would implement the Pacific Highway Revitalization Plan and provide opportunities to redefine and create more uniform borders between the commercial corridor and adjacent residential neighborhoods. B. Certain HDR properties are located in the Urban Renewal Overlay (see Figure 18-15). Existing zoning and development standards will remain in place. The overlay provides additional alternate development stand that may be applied to development within the Urban Renewal Overlay upon request of the property owner, and if the development meets certain qualifying criteria. Urban Renewal Overlay district stand would implement the Tukwila International Boulevard Revitalization Plan through more intensive development. 18.14.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." Ei:',fiono:o0za0 10""Zed (0000 000e0000000 t000t12 (0000 tAo i 000iy be 0,02(0000000 o nUdtc)iqth woU irld 10.00 S t h (0000 d (000000 tt (000000 0 ttp tro !stu Jiods po n ooUd 10„„ht (0000000ts of0 0001 o y idji pio 1 w0t h n t (00000 10"001010000; 010000; o r 10""Z(O„„; dvRt, rzarfit tc„„) """00"'"Mf; E°3 60 WO„ Section 8. Repealer. Ordinance Nos. 2741 §4 (part), 2765 §29, §30, §31, and §32, and 2758 §6, as codified at TMC Chapter 18.22, "Neighborhood Commercial Center (NCC) District," are hereby repealed, thereby eliminating TMC Chapter 18.22. Section 9. TMC Chapter 18.22 Reenacted. TMC Chapter 18.22 is hereby reenacted to read as follows: 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 68 Page 9 of 32 ") (11 firupoDs(,,) A . """111"""lh d :!ist ri (at II raufi p0 t 111'4 lh b hl0 faotho 1111'4 (ah ifial (at r ;5E) d Vrro fi,„„„fi tfip 1 1 1 w t h 1 d v 0„ )20 DL.an ses . .1111111lowe 1„„„,c)rfiruo 0'1.1Av i vooiy b pv nUdtc.).iqth wfit ind vt h arida rds and (,)11"'„ yidi wvhvnt 10'4 f;1)(;1) :;;;E(:).rfifirfi',',;3„, IHsdTht, 02(„,,finsfi„„„,fiarit """10"""M(1; 1 E3„ Ei()„ 1 (:).(:)„ “,(,) (aziar (ms SLI s t zit finruo rit zari d St (ID II II t h z01 0 0 rn'uo tt, fi,„„„fifil (1,0 r y d ritza za rid IS d z01 oe.s„ OhJ:ED(0001 zat l!'„I3 t nig (ar fit Ill""Z W fl()5), „ """111"""M „) „„)esfifigin S “,an 3fi.r s u div d 1v (4prca„„,, fi,„„„fi r „„„ „„„ „„, za „„, „„,wvh th 020 s,, „,„„„ („„:,). rls “0":C.). fi,„„„fi d zat """111"""M U )5(11 S 11'""'firoDn afg!) 011nloporosv(Nnoh(,',','inn' s 11'1 t by (irly (I:It to (I„:„)11'1 (I„:„„)rhM a 0 t hzatpo fia„,,fi (at (,i,a,af St rfi„„„Kat fi,„„„fi t h w 0 0 .10::(00000000001t10„„„0 za fi,„„„fi t 'Zit II IS 111(::::„A ZII1111 (ID ry fi,„„„fi h II II SUIll 0 0 pr(D',,,,,a,i,',',,,firfiruo (a<a(,:,). r d 10 wot th M to by 111ypEa IS II P II (:',2"t (:). UO 112,1211R 10 d rfiruo c.).rast rzat t “0":C.). II II m rfil] p0 VD IS y opv d b opDy wfith U 1v dzard (I„:„„)f t h IS rid t WO II rfic,',)t II irfi 1 1 KJ 1 Vl!'„I3 t (I:J.0as t(:). l!'„I3 t („:„„q1 11 1 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 10 of 32 69 ( 1,,,,,) IMIIIInIIIIffhtiffh Widt: 1 („)(„) s dA',,,lwa 0 lk, t,'0 A t rr dA tr 'd lha'd is spA)co Ilic,a 0 0 y rA',,,s(„',,,Inid V' A tr pdA',,,s 'no 'In 'd n, 1,,,,/A) 0 l'13,'d rA',,,IA'',,,I'd V' o„ orru'd o„ V' o„ orrlo'd o„ o r(„) ls wA) 0 0 ns 'd A',,,Irro pAtnlry sogns nnd A t'd h A',,,Ir o 'd ()roll s sh 1 0 0 n A t'd prctd n, odA) orfi'd At 'd 11 A'',,,1 pdA',,,Isd ro 'In o A t rIA) III h(„) rt Id rlon lo„ o rt 11 wod'd lh s h 1 0 0 On, ns V' A t 0 0 A tw ' ( I.:). IM IIII n IIII Intl o.,o Intl Wi o "1"i,o Ilkmii I i',1 IIIInt:A::: orn a i /rani] „„„„ ca.,o A, var 8 'co() o o A111100 0 it::r S :rt:::, (::: s 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 70 Page 11 of 32 IIII,,g1ht II ri,;":g,„ (1.). 1M IIIIInIIIIn'ohLon'oh Wi t 1„ IIIIIIIIIIIIIII1h(,i,',', rruo II ri II rrurL„„urruo \NfIId Ikfi„„„, „„Ihtmr1 b(,i,',',! („„)w rruo .2 y b(,i,',',,,,! II1r1(2',.r(i,)za IS (i,',',',,d by tkIl(i,) IIIIIIII)(i2pzartiruo(i,)rit (":::,)r1 “IIIIIIrc).ritzFl,",:hi,i,',IIIII3 W II t ['III 11„„,0 11'1 II !:1IIIIIIII„„„0 (IIIII:I0 IIIIIII(IIIII:I0 'Zit 11„„„ur(,',i,',.',1,:,,,,,,,;i,,,,, II ll'IIKIIIIII. II IL„„udIIrl,",::] t rzarl IS II t St (:::::,)p IS „ II II „ A11111111 0 1IIIIII"or ',"'",3 IlriIIII, (III . S IIII (IIII,Ii. IIIIIIII(IIIII:10 (II:II:III: „ „ „IIIII:::lt„,IIj„!IIIIIIIILII:„„„„IS„,112!:IIII,cIIIIII:„II„!:III2„:IS„„„„„II[;IIIIII,IIIIII„„iaY„„„„,II2f2„„„„„IIII!112„112„DIII2„),l;f2!;IL„„„„iI2„Y„„„„t„IIj,„f2„„„„„iIIIIII?„,!:IIII„,112S„,M„[,IIIIIIIIIIII„!IIIIIIILIEIIt„,::„„„„„„!II,„II,IIj,„„IIIIIII„§!:IIII,II'„I,I]„„„„„IS„t„[f2„f2„t„„„„It„,Il2IIIIII,!:IIII„„„„„IS„,112f2„cIIIIII:„II„,!:IIII:IS„„„„„IS„iIj„,„IIIILII„„II„„„„„iI2„!:IIII„, rruo (,',',i,',!(,',',',',',i,1„ t h (,',',i,',',, rruo II Irl II rrurL„„urruo I!St 2 rl d .2 rd s cyll"' IIIIIIIIIIIIIIIM (III; '1' EI3 „ 5;IIIII!„ (IIIII; „ A to:,)rn El. I[VIII,, SIIII iIIIMAtil 00 Ilk: IIIIIII)esIIIIrgps„ .Allt(i,',)nrizat II,,,1/1,,,, "11( „„mta 14,. ( (,',',i,',!!!is II ,',',':',3r1.,s rruo .ay b(i,',',',, zapprtyvi:i,„„!( .:,IIIII!„ IIIIIIIIIIIIIIM(i,',', za II t Ei,) rri zit. II ,,,,,,,ii) d(i,',',',!.'"5 II (III1II'l ZII1(IIIIIIIIIIIIIII,IIIIIIIII)11"11-1111"11-11 (IIIIII)d zat(i,',',ifi.'"5 ZII1 0 0 11-(IIIII:10 (III111„„! II rk„„ „„, o 1r o (i,,,,11 „„„„ (D.if t '11(i,',',,! ,1,,„ IIIIIIIIIIIIIIIh(,',i,ifi „Ei (i,',',ifio rizat II ,,,,,,,ii) („JE) IS II ,IIIII,",tII:'j (I:::::I0 11 1 ZII1 b (,,,,,fiIIII3 lIar(IIIII:10(IIIII:10 0'1 ,„„„ , „„) rn"uowza (i,',',',,!II- II rillIIIII-ZII1!"5 „11 10„„KII„o „0„„illa,,,,, „„ibccv(,',,,fi IIII7„ IIIIIIIIIIIIIIIh(,,,,,,,! z,,,,,i (,',',',',',ifill rizatII,,,n,',',i,'fi (,',',',',',ifi IS II J,, III;10:1 OD(IIIII:I0 tll',',E) r za II II,,, 2.1E1 IS W II th za s(,,,,,,,,,fi,,!,,,02,33ficzi (,',',',',',ifi 02ficc,,,,,,),,,,,IIcciific:1 thzat wII 0 0 cruo(:)dfillIIIy, th(i,',',!,,,,,pr(,":,:dj',i,)(21 .'"5 II t(IIIII:I0 I' .'"5 IIIIIII0-(ID 0'1 t CI] (IIIII:I0 W II t hfirl th(i,',',ifi r1(,i,','fii.:pc.t„ 5 y.,(,i,',',ifiza Ile.III3,,,,,,, ZII1 IS d(i,','fil(,i,',',ifirn"uo II1r1(i,',',',,d by th(i,',',ifi IIIIIIIII)(i,',',ifipzarticuo(i,',',ifirit„ )6(11 IIIIIII)IIIInuoh(NnsIIII(3na an ")ensIIII y S an Elf s INCC IIIIIII)III IIIVI IIIIIIIIIII INS III•INA III„„„„ A]) III T( 1IIIIA IN IIIIIII)A III"IIIIIIII)S 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 12 of 32 71 OF or a� .mein Ill...a�o ula�ul ................................................................ II iii„ ce lllL .....1.1 IIIIII Ito ...........III' ..: '....a:..: uo IkvtiO1111 Ill ul e ul'.ul i to III 111 e 1r IIII Ill or Ill ul oellII .................................................................................... II II III In IIIum II....o°" TM t I ^t t.a.to (,.. I Iu ula 'lu 111 111 ul2 lu'f No Il xx0mu m S„� �t°° �� �� �ks' II"'!IIlI .:.t N,....m' nlrat to,III I oau t.11l" I 'pat" tor q .:.II.....Nmp....(""'......uf...."...^tpp'"r....t.....II......:.tool IIII..:....I.....IIU" t.....II.....Itoot coo I0000I 'Inl�;;'ee''�� �a��'� II In II roroott rorto "u' ttliltIlIll„„ll(Ell„1l,(6„„„,&„&(„2„I:000N1�'1„(I��IILII„„„„„1„„l„,'„ IIII t..atl.11muu Utlmut,. II a II rron..a II u u . (R' III .��� II I Iln�.0 ror000 illi����,y�� p'�� p, l pp''��e����w,u ,r( III m�� 'o���Ilo s '�W„",Ild( IIII"tIi.'il"u'lli II'��'�ry III II uR' Ohl xllllllxmlllxm IO2„2„Y„„e„10„„a„„„„„„P� ll� III Illy2„ 11t, 5� %��� IIQ�mulllm OF a�a�ul fUxox . aurvt m ll \Autlpu uu ...utau tl mrlm3 coon II all ow0ll a I0Mar r ntottucoon „"all 0003 coo llal0ev aroost... I" t,Ilull II ` Ilt p()M.060 ttssoos rr000000p,tt0rr0000r000t....coon a roroo0nIIII II IntIrillI (oaf 09000G of tit " all t ulltlnor p fpt.at.tr's f t arpm3 uu"y a part tar a Il llty" "Il3m� aeIIm IlttcsIIII(MA pty;"uuuuutl tlllmll uy rpllpuuy Illllm:llm rroopy be \ 1"3l\\(3a.1 If at III" Nst t"u(p°lo sof th e,,,r(pr torno,p fltoonootr's facratrp(" ally 0s rot "sII. II "+t. slit tootthat: tto rorttootoy,e ts11�.'"...... o..ot....o„oI.",;U.,"I.��..........�o'Etr'000 .:....""I...�lvYll(...0,0.....�II000......10p',...�..„3II..�.�.�'.. IIlulululllllllllllxxxllllIII lllp Ill000e05"ymtl.g4a''���a fleet III Ohl x IIII m u ul IIIIIIII mau III Ill Ito iIl2ii 1 :'III,„''m ((hoer! III x mlll'o m:l lll,vi : m cop .ha II A III III cot hoao ul III u�t£��tlp.."...U....U..".IL.I.:.. Imy "'„0tlu\um: ll llm llr llmtl=; p m:ua atl: Out"'m„Ilmtlu\um: II°II„mtll(3llmtl' rI a ism y:ut: Nuiia II loollittolilu xllll Vy Ire,,p, N m ll::lll l ull`d. VyrYu VIYu`:II.IY� llu ll::ry xu N iia..,m n tluuuu !„aria Iluuul x.reu �I .N, llnla lYm fllnla ,paulYulcu Ipud Vtrorfi l""h IY 1Ilu xli Ilnc m,��nlitlnnnn Vynii,t„ xlil� VzncuyllyH uli� Ilogllu„II xul� ,Il.uluDll�'d'':�: ��Lull}xa�nllxlluulil=p.:uuxliulYuu'Ire„I,II WIYIIuIII=lrxultl,uuu^,,a.!lultlNuu°y�,u.,altl+m��,��IIII,,V;IxuI�x,IY�.IiVuIIWIYH,Iu,lll� xultl..., '.... l uulcu xuul ui ulcpl nu ,.ft IF IluxulODNu x'turill luulcu ll N ly, xuultl xu'I;tl; ulcu xr Iluo r Ibuy till reel)r l g,;;„ I II'I rnl=m, VzVzNi ,t uluYnu 1pre ultl r:tl tlnla' V reto , tltlu x 4u,a tlr tlIl x; N ullulll m,✓ullll ul ...o uuu u' .,tltl Ilullollully re r, �Nq� �xuutl Itlplcul�uu�tlu�' ^ � ,xltlllnl'nl nu��� tll ttlul�uu� tlllu�xtl �xul' uu()t. re olcicnnlcnleuu 'luY II°IlulluyNii \ Nlur y luYu 4nn'a nl Nuunre „Wll..ltla uu a xuu,;lgl , Vzn(.) uulluyn , ull.0 luul , fr()olco �tulc�u„p�Nu auu� �;,,,,,,�annitltlllnl�'n��uul� u�,,,,uulY� ulcuull,„,mq atl xllyNl�'...Ilyy+ I�uullu,{Ire,uu^ � ulcul�lliutl� tllY tltlu�l,',� IlyniYll�'0?:i � �ulYuutl,,;a°VIA, lYn d�'ii,uul tlllu V�,VlYllyrY,l��,� �tlullu� ��I,u„p �� 'a Iedlluiilluonll, u,,pplVllul Itl,;;,u 11) (:; IF 11,1SeVu a:u, uuu, 1"11:oP xViODNl;;m(\ioVtln Vu!I'I ,I Vlly a0:' V ut a: uDd anal. � oVVl,ll III o:ILBllllI NICIII N"'V': IuYll V!a':�r��YNB I oH',`„ :'� t,l � �Vlluuul�,:� I�Vllo x�:N,:,,,,, xlllll�u a�,u,,gYnu IIII �,II,,II„ Ilya Vllu, nlcnnnnnlcicV„V,unlcn uul�+:;^; „aud..:�lY x� IYNIIu Vtlnc=,' .,�V�nl�,ai uulr!Lll:y x� �, ail,,,,p,ltl x� ° ^t.V:IcullyNu�llu �,Il,,,u VynlYjj„g � , �V�t'Nla.. ultl+ ull.. tl u'I 'Ij ultly I u;glly a tlllu Vynl Vl�+� I V V 'ii I I I V nl IIII„���uO o t xd Ilu.�l� uuu^ � uutlu��l �tl�xuu�;� uu tll� �xu;gltl u� ����ulcu�Nu�xuutl; m��n�d� tlVa NIuYVznlcuoeolt Illoll uuVut uluYN,u xulcu VluYlluuultl Section 10. Repealer. Ordinance Nos. 2741 §4 (part), 2765 §33, §34, §35, and §36, and Ordinance No. 2758 §7, as codified at TMC Chapter 18.24, "Regional Commercial (RC) District", are hereby repealed, thereby eliminating TMC Chapter 18.24. Section 11. TMC Chapter 18.24 Reenacted. TMC Chapter 18.24 is hereby reenacted to read as follows: 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 72 Page 13 of 32 SE,c„. ictwns, fi' 111„„„„10 1d 00, t .AD 11(pw(„„,„„ fi' 1E;fi,„„,,fi b„1,:st a rfit:t,',i,',fiLs 111""")rt,th bfit „ 1E3,Itirldar W 001E3,trEfi!(,i,',ifit„ 111"""' fitt,tht1 prt,),„‘„tEfi!fi'uoto tit t3„ 060 tiro (E'fi!rtsiD iv d DtrsIIty 1E3,t arida (11 1111"")0tolfirjp(t)so,,,,,t KJDMt1ft0 ind H11DD „ )20 DL. LJses . 00 owe o'uotohlD111"",?,(Eifid,,IttE'fi!11(,,,,Ipo'uoto(i,',ifiritAv 1 o'uoto.eiy„,„ b(Efi! 02rtro fit0d w fit 0:1!arid fi,„„„fiS(:1:':':1! th(E'fi! d,„/po'lro(i,',ifirit,, !St arida Iled.'S rid p(Eifirto fit11d („:„„)fwfit h 011'1 th(E'fi! 111"",,t,t,,;vunq 020fin:,,u„„„fiarfit tx,,) 111M tit 1 t3„ Eic)„ 1 („",fif„,„:fi „ '1:311'„) azar c)0tos Su s 11111(7, ':)15 rcil I: t rEfi! a t o'uoto 11'1 t arid St („„„)11e,30. t b(Efi! p(i,',fi! rail tt, Eifid „,„„ 11'1 0 (i,',fi!!!5!"„S (:':':1:':1!•,30.fit y 11'"H:'„ d 11'1 t a 0 arid S d a ry, th(Efi! t a t !!'„3 t hjg ""fi' (,)5)„ 011Mt,,; „,) „„)esfifign S 3fi.r s b ub t d(Efitis,IAItg h rfi dio ck„„1 h (t!prt,,,e,„„,,Jij 00 „„„ „„„00 thio„„ „„ \At th th 020,,,ttt „„„„ („„) rls “Ift,,tfi,„„,,firfi d at "'Ili"' (,,„; „ NO, 111,1E'fiLsoqo 111""Z(ErktIIEw"„ ")513 S Ilu"""'firoown afg!) 1111nuoprosv()Inlolf:,',',',dri s turfi,„„pott,),,It 1111'1 11'1 t byr;'fiy. h r Mt„,,,1 a. 0 h 1tpotept,,,)!S(:1:':':1! t („:„„) St0 0(„1„ otoo \At II 0 0 hihow 1My 0 !!'„3 h cyt !!'„3 lh a 0 0 iH oiq h t rilipott,),,It 1111'1 11'1 t II '',30.(2X:::;11::::::)Iled 10 w fit 0-fi t h S !"„S(:1:':':1!(„A „ ""00""h fit(E',,,fic3fi,„„,,0 1yb ma II NI/ d b t h tt II a 1011ypEt! 111,,)(Efitisfii,lrfi 111ZEt!ttII(E'fiw 1ppDo oDtlh(E'fi! tiro ctrz„sttattEfits 01"'(,)11 ctwII .13 t ttot,tfi,„„,,0!"„'13 y 00 opo J b o opDy \At fit lh U 10 dio d tt ho tO(„:„„„) rid WO 0 1 0 1(„'„)."0ro'"010,„„,0lltIt,,,,,rrufit,tda \‘'. !!'„3 t („:„„).ns t h'to 211'1 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 14 of 32 73 c)Lc'rci ( "II„). Minis:icon:I Wi 0 ""flokwil a int( ma io a EciLDD ovar oo A1101 0 Kw S :rc, c s 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 74 Page 15 of 32 (:"ri„ minIIIIn"ootin"oo Woo t 11 rruo IIr1IIrurs„„orruo \At IId ) shc)wri (i)w rruo ay, (,)fo)t h .))p(i:':':',!()„ 011'1 •Za,,,y,,,,,,,,IS(0000000! (108081))",))))i:)d by 11[6 rt )1'1 t „ ()) h ("").'S (1:':':1! Ill St t !!)))8 .'!,5 ha 0 0 1 „ """111"""h a II 6a rri at II d Oil)) p rc.))) d b a rr p d St rc).(„„ot a rid ),si,6)1),',)!tzatII),)r) t[-ozari wc)(„„olld h St r II(st„ zarldic)r St(Drn"owzat)i:':)1) Zarldi(„„).1) rill rill by t 1116(i:':!6)) rtni 111""")10„,0,0b0 0(20 \N(00000)1)16.:!s;,,,,, a r181(„pr ( b c)(28. rill II )1 II rurnr ) (:),',)rro 62 t)). r fi(8 (8„„„).rfiro \At fitfi'l th(0000000 !!'„3 d(0000000wa .'!ist a d a rd s a )1 dic) r )6() 11())IIIIonlotnsIIII)8na an "))ensIIII S an St Za ridza Iled S „ III (C III )10 Oki III US III IllUA III A IOU III ) )1 III 1 Y 1 A IOU III tA 111(111 )S 11151un um u m III u u t 111 e u IN u unur" III (esu e n IN III III to n suty No NAI.xumum Setb wcks1 noun ' u 1181151515u )1 un 11 1' 55115 n s 51 1St u 1, u co 1 u u re III le lk u1)Af 85 ye II Iron ,, 151111itIS, Ili' ru 18 III 1' cukrucun s 51 IS 1 u 1, u co 1 u u re A lbove 85 quel II n II u , unu "cm u uf "Ouil ru uu uil II ulu "0 n uk II o rsil II II u uu ur II II u urr onA Mo no r roll urro 6' AIIYI u U II m ',U1 u15Uuuk 51 u ur A II II un'Y Mo no r roll urro II (In 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 16 of 32 75 Mole o rroo orro AyLtrlotiLt IILS AIIII :111101f1h O-1330s Monorr000rro LS Mole o rroo orro AyLtrlotoLt IILS Abo oil° onty Ao otoolotco:n11 0 1ro iphotrIly Monorr000rro "'LS NI.' X 011011U1011 III )0800I" "IP 105111 °Int C: oyelo .. 0 )0 010 ons of 0 thlIclongs Abovo 90 0 out 65% „IIIYI:II„H„IIIIII3LIOIE„„„„III „IIIII.II„„:„„,II„„IIIII„III„:II„12;§:„ 0 hh:oh113011111f11) 11111 :111f AII'7° III‘II SI II h'll SI 911 I IIII-1 II II IrY A9f9:39111foosof 1111111 oh: 11d1")"1: 1°11o:5001)o o '1111311 hold lo : nun III : o: o lo Uses 0 1. rcolle woth .ny front.go on 0 ukwoll. 0 ntern .to on. 0 or Southconter 0 oullov.rds Non roe/Month.° usos roduorod on . ntionomunti of 60% of tho ground Door As p.oht of . 0 ypo 2 0 )3hoodign 0 Zovoow porntd, LOIN rodudrontiont rtNy ho w.ovod of .t llo.st 60% of tho ground Door os dosognod such th.t ot roorohy ho "0 .solly Ad.pt.bllo' Soo 0 INLIC 18 06 249 Nhnumum 1111u1o111 ollo III Illeio hts 1:11LO: Instil IIIVI .° sum u m III lil lo III to III Illeio hts 1111.olo cellls s: outlh : o S 1 4 :,o tho st 1111.olo cellls n: olo Ith : o 1 S 1 4 to II" St & s o uth : o 1 S 14611 St III .° lo cellls n: o lo Ith : of S 14 611 St 0 . SO II II oogInt 85 foot 0 - so 0 00021011L 65 fooL 0 .so 0 llooght 65 foot 0 nconfivo 0 llought2 No INLI.xorthunton Onconfivo 0 llouglil IS 130 foot 0 nconfivo 0 llooghb 90 foot u WO III Sall.. III w t III u n 0 511111111:onfot oh 0 °111 o h flnoo,111) A °'7M IIVSI 9(IIII II °SI' boLO: feh000ll 11"11/A 1Momodrorothroroo setfathelto. sturicioarcis rordoey, btu ohleetroothol by„ Olohh000 0,2Shooctos Whoa a "hype 111 0,2htsdytood 011111otetudetw toolh)phoodoortichbou oporchadcleti thole toolpoplitotodn'o. cierrocinstrdoortes that: oL11,1111. strict oh0000iher000tnce setbaLotef rulles 01 0 0/0 0 0 1( 0 000 S .10'00,0 0n Lootoostly re: 0 toi chouti co: ns that fare not reccirroorrooentieci t he 11,,,,,)eopoo rt e n't toff 13 b II c oo°31L,o) r hos 0000, coi r (job retool LI rho:hoof see] ht stood n ce t n toloOes opopo h bit st r Lotto] re s frocoirroo too Loot routoop 0 II n e„ n t he so,',Leo.he n rorooLtOotiteta b e by en h n c e rho° e nts t he froontato]hotiocoir dOoOty„ the poropcoiseci strofootoot ofroot000:Leu)oosh000hbitos LoonOotooloof:Le tiesieob coir ohs.) that Os intoocirrodusatiblle with the set boof tufo: rootholoo„uirhoorrooentLoo coir trolooto ()II .1 0 (0001 b (000 b 000) '00°0 00 (0) serveci by ohn oallternfoottOye sett) oodcho.„ stoocoh cood:','3 (3S the r000xoyuir000tci set boof tufo: oallteroodtitoin shoh1111 btu the rorooinirrufroroo necessohory 'Off ohy:oiti trios itientifieci Orr:Lomat:tots ohnti oacocciroutoopllish the projechs tootootioodlls„ 313rcetycts rorodyy OnLotentiye stantioarcis Loofnlly Off the oopeciftycot :opts On tco: ohnci coLdrhotoophohnt with 'the oryohovisions of the 11,,,,,)evello:prorooent nLotentiye 13rLotgob000rroo 'FL:Lilo...onto:I at 11111"Mf,,,,,,t tho„,117„ :1:1Mfoutoirorrohrto heytyhts faro: ncht establlisheci by the f,,,,,,tityLoof 11111111thlbowilloof fLootr000prhofok)cts Lootn par:cells sto) oft h coif fhfo lloolot3troo St root hoot that particoptofte On trios 11,,,,,)evello:prorooent nLotentiye 13rcittiroodroroo tho 11111"Mf,,,,,,t :113„,117„ Moutirrufroroo heittildfots roroo;1,1y, be rorooLteci by cut h er sled n col rci s000LoO„ n 0 of clinotool0000thcfse of t h e 11"""11ecier ood 0 As Lodi Loot n Aci rho nistordoortio: n „ Section 12. Ordinance Nos. 2741 §4 (part) and 2765 §63, §64, §65, §66, §67, and §68, as codified at TMC Chapter 18.43, "Urban Renewal Overlay (URO) District," are hereby repealed, thereby eliminating TMC Chapter 18.43. Section 13 . Regulations Established. TMC Chapter 18.47, "Development Incentive Program," is hereby adopted to read as follows: Co00.1 :13„too: 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 76 Page 17 of 32 i ottns, "11 t113„ 216 „ (11)""fi1 (11) 111""")fi„„„firprts,',',i,',ifi t113„ 216 „ (111:111t(11) A2,12 II (ta b II t y arid 111111111111111b,2,,,11,b II t t113„,14„113„ (1113(111) (1;1; ()tutu° rth„,,fin ty 1E3 and 1111111)ti,',),,Iti,',',ifi („„„'„,,p 1111t;ta n d a rds i11„ 11) (11 1111""tuttEopotts p rt,„„).tt 11"1t„„„tr t 111111111111111t,,fi II II a (tx,„„) trut n ty by ,,,,p rtst d n 11"111(,',',i,',fitx.„ b II ty, 1'1(2. r rt a II n .,„st anda rds „ i11„ )2(11 „pup ot,,,ta fitly an ,fifit fitly ( (1„„„1111, (1111111111,), n d !!ist r (tt,„; Irfirfil (2,,,12,t n t t,„„) t h rug 11'1 t n n t I12,y fi„„„,fi tit a r II y prt,„„ty d 11'1 t,„„) r truo t,„„tit t h II II St (1;1; truo fi„„„fi 11'1 ty,,, 1E3 11'1 t 0 0'1 t h 101) t,„„) p tit III 11'1 tit 111113 rt,„„)1,2,1,Eta truo t b „ rth„,,fi St a rti at II a St (D(D ,,,,,O2C) 0'1 t t C't W t t St arida Iled t h t'!1:3 p rt,„„),12ra „ .A. II a pp II (ta n W t'!1:3h rit;":2, t c„) pa rt ct.ItI p a n t h t'!1:3 p rt,„„),t,g,ra !!1:3 ha II II a p p y 1ft:trend t,„„)bt a II n h a II II rail II „ d a II II 11'1 a rfi'at fi„„„fi tc„) r 1111y (tt,",„„)fitrufip II II a 11'1 „ 1'11111' h 101) p a rt truo tit truo a y. 101011 r rill"1(,„„„)fitn"uo at II (2 11'1 t,„„) r rt fill'i(tat t,„„th Ilty„ tc„) rail II 11'1 (tt,",„„)fitrufi,,02111II a 11""K„,0. W0th t p rt,'„?1,2 ra rill a n d awa rd p c„) ri „ 11"1(,„„tr a tc) bt a II 11'1 r rfiruo t 11"'(:). II II 11'1 „ t II II truo fit wfith 11'1 art t1,212 1 II (ta b ,„,„„„„t„,)rt risti d fist fi„„„fi p t(:). t t h h t II II rfiruo a ri dit) r ):3(11 CoDninimonily 3olnEyfiffifits cin Dtetitt(,) ottp,,p1figt,',„.1n S Efifir s A.„ 11'13, a (th („tli:,",„„trutuo tutu° fit„firitty, “11"'(„:,)r a II II 0 11'1 0 0 t,],„0 b II fity efirld d t2pituo tit efirld (““ 11'1 C •"„„ r III )ovolll o 1) III of IlInconffvo III f lo o ogfolo C' ° 1117111171 U 10170 III lonof lots 11111 10 )ovolll o 1111111111ent St.." .." s III omits III Ill mos 0 llof o 11D111111i1y II All IlL0 All 51;0" "oof "11111 o nollooLL "flu -bloom ;II " od rn'oon" hoof" noo"oorrooLo "In" nil llondll ;"L'I;0" ''f ;100 h'oorrocu0 "o"'"n11;fon ' h0000" r" '' "rug ' 'r ;'° 181I 01'100'0 10112 ',i "100 0;nolId '1";IIIIII"fon ;1 ';o1 IffIR ;ILL' 1111`Ur 111 " 111111"11.',',, ';o1 ""0 All Off pooll "1L'I'" ' 0 ;100 o ololl000; "o"'"n11;fon ;' hoof" r"'' on" Aff olo .olbIllo III Ill omos 0 llogolloolloLy 0 or . monomum of .L llo. 12 yo. 0'2,, .L llo.sL 20% of .00 unoLs sh. 00 no . fiord. Offlo Lo Lhoso o. mond 80% or Doss of Lho Kong CounLy Aro. 11\flodo.n Oncomo 1 ss „„„„„„„„„„„„„„„„„ 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 18 of 32 77 evelll )10 r iceive 111:0111" "c„„„„„„„1011,1221111021.01Y, 111Elenet Ins plmeInt St r s rnts .1111111111111„011111:611222„„„„„„„ :§111111112,21§12„51.1112„2„§„ II 110 r no II y At 1 r or 'orroillr on 10 111r1' o'nr 11111111111110 o rr 11111111r 1111111"111 \ 111111r r1'1110\11111111;rr 411111111 r r or r 1nr 1rr 1IIr on11 1IIII 111(", r or r oto°11111"111 rr 111r1' on1" II Inc' rii 1(11' ',III] 1IIII ill II(' ilh`111' fillIIIIi1f11111111(1 Ar on III II 1nr otoln11 onr oo111111111111111000 rr 1,1111rr r ;' II1'1"r1r or 11-o°1\11111111, ;loo Ar on III to'rr ono 1 Ao1111\ror1 r'''II1'1111111"111 o 'or;i111r11111111'r ("nr1r 111 or 1r1ro\1('' 1\or1II111 11\ 11-r"o'r000 11111"111 or(' o 111'r r or II-o 1N1 oll-oo 11111' n o r rr lo II-o,1or o1\o II'''("1\or o1, r or 1\ir or estrian 8„„„112„20.601131.„.„2„.112„„„„11k36„„„„„30„„Iiia„„„„„„„„11„„.0612„„„„„11„„„0„06f51111122.1,303121120„„„t(2306103„„„„„6„2„„„„112„2„0.20116.?„„0„ connect:Why nd IIncre se the number clivIity re s Doc ted t corners 41nd IIntersectIons Al„.112.1Iifiiii2„511„6„hill„„II„li„„„filaiiitill„„II„Ii„„„?„„f„„„„II„2„IlIfft„„2„0„2„„(112„2„d„,(356(011?„„0„„(112„IllitIhffiffi?„,16„„„ffit.„1,1„!II1„„„„„l?„„„„„IIIIII.IIiiiIiIIIII6II211„ wIIdth of 16 feet i;ind wIIdth of 30 feet „ A sIite IIs fer thIIs benefit onlly when the niiIIdbllock pronfien4ide cim be sfted niore thi;in 150 feet fronii the ne4irest publIIIc or prIIvate IIntersectIIon th41. provIIdes publIIIc pigqestrrjfaihiiiiqges(si„iif(8fialljIkwiysiisjrikiajliIffIIrhqgikk2qffrateiitie?sitrurfgqiff2,ayijihfg,,ff2jliiihitIIrhqsfi Ilialokifecaplogfiiiiipeqestriianiiscalleffigiriffingiiiiarifeiiiactiviiemesteightefalliforiihothe „1(166„II„d„2„0"fiIIII„„Ii„„„2„13Ifirull„„1,11606„„„„„l?„„Iad„„„ificiiall?„0106„(„„„II„1„„fitlIliIik6„„„ill„„1,112„„„„1,1„„1,115211112„6„111?ificliii„„„„f„III12„„riffifillliI„„11.5„ sh411111 feature bIIcyclle runnells II""""Ia-emen.t(— IPermi;Inent publIIIc easements for 4iccess i;ire requIIred„ flews of the publIIIc i?„„0516.603.1,121?„10„„02„„„„2„115?„„0„IiIi6116.01.55266016215„„f„661,1216.121?„1601211011560612„„„.1616krifik106111.5311 bIIcyclles or proMbIItIons of umahe by the publIM after 6.00 AllY1 or before 10.00 likkh„ Aclive Reare Aore Ji \rooi 0110010 00 11'10 00000, 000fliof 0-00 00001 001f 100,, 00001 1100 011(0f 00000 "; 0 0 0 0 0 010 n V'n n OJI 0 On' n II o Ohl y A 111111(fil ill II(' ill111(" (" n \l''',1011 '011 0 0 0 1Y n'n onr or or'', II 011" rr r rr otor on fri ',III] 1IIII IIki" 1111111111111110 o5111111 51'5' 11'5'5'11 '151 ''',011 '100 055' 11 o 1111115' 11-1o05011'' A r("i 1111 ri Ili(f(", kill Ili', 1(11' 1111 hi 6111111111' 1111(f 1111 111'1111 kill ill IIi 111111(1 f("111 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 78 Page 19 of 32 Il:)evellleuit Illnceurdfliive oour° ul .a. III;IIIeulrefliif0 I) v IIIulinoeuaf St fpl Ili) eft n lifli o n: .............................................. A aul1al11i011 000e00iil1alle conf1inuou0 open sip co Doc ted wliflhuiilldiiuh0urd covered to pap„mouude over he d we ther hall0t0cfu0u11, subs whlllo parovOthiip g � a s�0ua�u. ur0fur011 d0 Illi Ihlf. 1111111111Ix.0uarnlies Ore 0friiurns wog.01111erii00. Siolltgroptigyor A IIaIIO'II„a 0'p' 01h1 II II IIua5'p' II II 0f Ilesst one a' IIr101100a'; d pa110r WIhIIGII11 01h011II the o11ae!n 011r1d ccossulhlle to plhle pauIhlluc during the 00uare hours thOt the Ibuulld 11„g uua Wll1lu01h1 of u5 Doc tod u0 011a„a' In h0 eur1011os � Iauouudo sign qe to idenfityi plhla; eu� Ilallr0 �Ila.... 0p00e 00 open to the aaallallii0 0u1d 01h101111 be ulisu01111 0u1d alh 01i001111 000e00iil1alle from 0 aaallallii011 000e00iil1alle sip 00e. ""'II""'Ihe uarlivalivaruuar 0re 0 Os i750 sag re :feels u1d the uarlivaliva1Uuar Ihl0riizont011 diivareur10iiour1 Os 20 Eoot. Green I uu„o III ul ulr . err fufliiefliia�ul II Ilurpull�lillup�+: ratootryp1111crrant 11a:a1ll° slit lhuaaup...EGO rpa: urtote pllr tat:..:th poua:upeo f has as IhIIEpaa"a:p, a:ol:awulll. p p the faolllOoawuurr:p as Ilrua:�ppa� Ilu oa:olf a aouuu oll� puaour one aof.... r off . ilia tupufua atnaour aofp;aouuupollu:ppra �: awp�;llr the Il.,uuuuurr: IIIIluulla;puurr....a Ilr alllla pfrp "� uur....poura a.. fll �.�� fa:olllla:opuurrp aw.lp.`u. a Ilruarauapu a uarurtl a;pf a1111 tlaw.: r pfaraw 11 11'ii.11a lull Itr..:: II ufa °:. �� Ilulr:p. oa a ,apupp.p �, faou . na1111 a aIritn.:.p........pt;np';Plf..r.....p'or Stilqua Ilrua�aua'Ipu a ua�urp a;uf allll a a;uu a. IIu a u11 op�u apuaua�af, uur a+�+pupua:ou"a p:p o al.. 1p a"Iathaa"` Ira"llppaa"I.p..fpapa Iraurp aoullGLa;a"uuall<tllrottlill.Or tlil a rilifithooriittn. .......................................................... ilia tupu ua atpaour au.aaouuupou:ppra e awutr apupfll.uuuu:. ilia tartificattion aofa„ aouIIupollu:ia r tall III a iiitiffertioionti000roptiottioion II li.ullIla:pllInr gratigoreorro that p=�oilrvao��urp���f...���plluu�� all��u�tl a:ou..`�,Ilullo�rura;;uu ��,Ilu��,tl:p.uu� �Il�ullu�;f' du�rpla;ou ��u���uu.p'ou�uuu��u��;:p... benefits too II"'ll.ull:awulltor r n atuu all rtioisourires or a:aurauuua:ouru".II"oept. p:aa:o that tiofthe ...................................................................................................................................................................................................................................................................................................................... ufuourr:p Ilittorulla;puurr:p ilia ha °Dergue a ertift eracoopf A tit eta1111a a:p n au a apuauai an pa::oa.11ulru"ua:"urp apua':,oua shall be rtioitoratratioittil pao t;pa"pa:"rrruine siihIntiosa lllir:lillalilllip: . 11 e„iii Illy III a a orIll g!!!' ff. iii!!f..... U. s e Sfe Sm 111111 11..0ulur e00 22......... I::fef'ilorlifli0or: .............................................. A1111000f1i0rn 0fsip 00e for nonconrihrer01i011 neli 11'alla0rlh00af servIIng uses flh0f IIa0110f pm Iluu11ao„Ilpf f0 ppaa0oafeup.t0 11 uafiIIa11e ure!ip 11r11a0r11f„a Oaf O pAuurcf uu„ e0 ithogl„uuaf 01hIIIId t uareetiOpa u0onri0, 0u...nour1 nonprofit e.. 0u e 0afpfruaruuurll.. Sittopitprippoo iiiiihe yrthrect sh01111 of p u00fe p I1e00 5,000 a the, uses f sag feet faf..." � � � u the„ life000gliotiasoothirereaproAryporIc0urt 01h01111 record p uflh Il upaf County..Ilfea order dppu0 y0r of successor 0gangs) rid par0 uafe 0cagy faf...the 11 fuR:ectou of 0 Ilaurnc uur fp af00uuhrieurf 011IIaa00hag those otstry00e onia for neighborhood OeuAioha uses for pr0 up 0p rf„aIulfu r IO afreuue0 0rlae aau0ue 0putuue pef r0 is those sta00es upfhe cue not 00ur0ii,rpeurf With the uses 0pfplluur0af 11n the„ afepuuuu lon of neighborhood sephoha uses iipf thus p II lle pf00e0 sh01111 be uuli0uu01111 000e00ul1aalle Iron -lithe street. Ilihrifpurlipitiour .............................................. p ar pppp ur;pllu are " a`,;d" a" II a"p';pu a ou a: auu II II II II uauu au a `gyp o,:pa a"`�, a ;Pp art; II'up;o `III II Ir a...a"u p r all,,,,,,,,, fa�a p p.pfrp urao Ilypurpa�u pp:p.:aua "r�„�ppp��,rpllu';aua fa�a:�;.. 1;;;;IIirpill'ii11 y II Ilrar uur'fp allll ap I.p a ogfatiro u u a.itallniiitir; ',Oro m11 Wf 11111!„'plp''ll 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 20 of 32 79 ul�eeul��liive 1111111oor 1) v lmeulit t III in III'. 1' IlexliilllIlle i .............................................. eum proposedeunneuniituee not llclellµntifnecl uu thlls tellalle, tII1O II exllllrlla 113eneEiltL 011ows n p2p llueeunt the oppertunlfify to propose lln ddItl®n 10 benefit th t„ nweunll eunllnaeteun liefie ll ncreeee OWell lillli liu ""'ll""'unllcuwlille. 10000011000900000200lifie ellnteuu thlls llncentive00010he y u e pu ll e theep 11 1re nt te...112ey for...eV ll nde e ndeunt teellnunu s teuune llnny he of ,. dell a eeu Ilna°y eeun,�u�ll�eun� a eunen llteunt senncesm y llnellu de but re not I011mited to econonfic eel„Ilene a®n e `pfiun11nn11oe Il2neun nutS 001212ele nun p ume„Il e01 e llunee, a euexu „n` eeunStald uegn. eellune leune document lion pell ted to con a unll u t construct p�nc1 other u ... deemed anee eeeumy lbe001. ne Cite II ne number opp ell me w rded ellnel111 be deteup1nuned on eese Iny.c se Ilan II The II liumector ellne1111 use the `elllle cliun eumiiteumiie wheneeellune lion ................. ................ llle lllbllle benefit. ...................................................................... In Fume Peeecl Ilnaeune'il Ilnee unneumii eel eellune ler thf eeo~nnu~nnununli eu II lbe 12 ell 2eed Ilan„ une'u lid eunteu e e ` 11.. lee 11':1eeellnnp u~nneu 1 e u��ue.!.. The proposed benefit does not eelrnfilli twllltlln exllstlingII end....Uee Code regulle unnnne and benefit egg or exceedh Il ea wou11d Ibe Ila„pmov dod Ilry the proposed e e,�ec1 Ilane.. I! ...!1:..... benefits 0220.y.ided ........bove. Fume IPosed Section 14. Ordinance Nos. 2741 §4 (part) and 2765 §120, as codified at TMC Chapter 18.60.20, "Scope and Applicability", are hereby amended to read as follows: 18.60.020 Scope and Applicability A. The Director shall have the authority to approve, approve with conditions, or deny all projects submitted based on a demonstration of compliance with all of adopted guidelines referenced in this chapter, as judged by the preponderance of evidence standard. B. The Director is authorized to review projects subject to design standard review. The Director may approve, approve with conditions, modify and approve with conditions, or deny, the application for design standard review. The City shall grant design approval when the Director has determined that the applicable criteria listed in this chapter have been met by the development proposal. The Director may impose specific conditions upon the development proposal, including an increase in the standards of this title. These conditions may include, but are not limited to: restrictions on locations of structures and uses; structural restrictions that address safety, noise, light and glare, vibration, views, aesthetics, and other impacts; and increased buffering requirements, including open space, berms, fencing and landscaping. C. For development in the NCC, RC, and MUO zones within the Tukwila International Boulevard corridor, identified in TMC Figure 18 9, certain landscaping and setback standards may be waived and conditioned in accordance with criteria and guidelines in the Tukwila International Boulevard Design Manual, as currently enacted or 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 80 Page 21 of 32 hereafter amended. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. 14!cl. No changes shall be made to approved designs without Director approval and consideration of the change in the context of the entire project. IIL... IIL.....xec. pN. for u u e.,uIIN.in u u hoNeII «..nu:d u u u oN.E, 11 11„1se wIhuch Sh a1111 III... 511..,ull N.0 N.N.N uu e,S II Oil..,uu:d aN. TIT NC 1 8.0.07 0.aIIII ppp ces 2pop cos uu:a n Ene sN.0 n,.,uetil..,up.. (or add uN.uou: S N.O SN.0 u..,ct 11..,up)3 0u: 2 pa II (or au: uu:N.e gnaN. d S h N.N unew de ve III.. p u u uN... „ „ :, : r �,,. :, :, ::, :, :,,. H:, :,e IIN�.,�..0 �..�u�..�..� �...u..,uuuuL.ull�..nN.u��� II �...�.�....�..�N.. �..�..�.. .L.u�:mu�.. II�..�..N. ..Il�u�:mIIII II��., red N:�.. �m��II II�..0 �:m III ��.. ..... IIL..e., a op : III""Ze v a Ene III e a eu u N.. III (or p b.. e et ., not N. u u u e et u u : the e N.N u re III () II d II o r N.e re u re u u u e u : N. Ne. II o r a III pe. ..... OD e., I III"Rent III e a eu u N. c., II a a u : c.. wa N.h the ca b II e a op : S ., ,S ,, ,�N.�..�u:�N�..�u�N,� ,�II��..�IIII III., u�..��u�..ed II N.h deveII(Too pE)reuuN: appIIucat u(on . II , A building permit shall not be issued until the proposed development project has received design approval. For projects not meeting the threshold for the requirement uirement to apply fora Type 2 Design Review Permit, compliance with the applicable design F. Any reference to the term `Board of Architectural Review' in any adopted design review guidelines or Code shall, unless otherwise stated, be understood to refer exclusively to the Director. Section 15. Ordinance Nos. 2741 §4 (part) and 2765 §122, as codified at TMC Chapter 18.60.040, "Design Review Criteria Applicability," are hereby amended to read as follows: 18.60.040 Design Review Criteria Applicability A. Commercial and Light Industrial Uses: All commercial and light industrial uses shall be evaluated using the design review criteria set forth in TMC 18.60.050, with the following exclusions: 1. HotelsMli:u :''L..il..,u ''N:ril..,u ':L.,uu"fiiii"" h ate IIS u u"u"uate II ; or 2. Developments within the TSO District. B. Single -Family and Middle Housing Uses: All new single-family and middle housing dwellings shall be evaluated using the design review criteria set forth in TMC 18.60.060. C. IM:w:ION IIII'""":n111liiillllIll liii: s h°° °�, IIII an III ° , IIII Css �w Uses: All r.u,.0 l..,ulliai...IC mu in u lilt in u lIIxe d--o ) Il uat an d ate II uses as well as non-residential development in the CR zoning district, shall be evaluated using the applicable residential design review criteria set forth in TMC 18.60.070. D. : Illh'miiii w'.:Illl :uir,re :s an Illf,auirkiiiiruLStr Ctuuir IIII esiiii ui Illf llll °� i �1 �1 ..„ 3 .,I :.,r, Cod ,(�uruu�.: m., _®®; ';.,m: The "�..��II�u�...u..,ull�:mu �a�..���m� �:mu:�N III �..nuN.uu:�.. ,�waN.uu..,u�..,tL,uu�. IIL..�.,,,,�u�':u°.: III ��.�..r�li�., Jlh uu°:...Ill...''''""1„c,,,,g?,2,,,,,,,“Parking Structure Design Guidelines shall be used whenever the provisions of this Title require a design review decision on proposed or modified parking structures. E. Tukwila South Design Review Criteria: The criteria found at TMC 18.60.0820, as well as the guidelines contained in the Tukwila South Overlay District 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 22 of 32 81 Design Manual or the Tukwila South Residential Design Guidelines, shall be used whenever the provisions of this Title require a design review decision on a proposed or modified development in the Tukwila South Overlay district. F. Southcenter Design Criteria: The criteria contained in the Southcenter Design Manual shall be used whenever the provisions of this title require a design review decision on a proposed or modified development in the Tukwila Urban Center districts. G. Shoreline Design Criteria. The criteria contained in the Shoreline Design Guidelines found at TMC 18.44.090 shall be used whenever the provisions of this title require a design review decision on a proposed or modified development in the Shoreline Overlay District. Section 16. Ordinance Nos. 2741 §4 (part) and 2765 §124, as codified at TMC Chapter 18.60.070, "Multi -Family, Hotel, and Motel Design Review Criteria," are hereby amended to read as follows: 18.60.070 Multi -Family, III Hotel, and Motel Design Review Criteria A. Site Planning: 1. The site plan shall use landscaping and building shapes to form an limited to facilitating pedestrian travel along the street, using architecture and landscaping to provide a desirable transition from streetscape to the building, and providing an integrated linkage from pedestrian and vehicular facilities to building entries. 2. Pedestrian and vehicular entries shall provide a high qua1i4dual focus quality development. 3. Vehicular circulation design shall minimize driveway intersections with the street. '1. Site perimeter design (i.e., landscaping, structures, and horizontal width) shall be coordinated with site development. 5. Varying degrees of privacy for the individual residents shall be provided, increasing from the public right of way, to common areas, to individual residences-Thi, can be accomplished through the use of symbolic and actual physical barriers to define the degrees of privacy appropriate to specific site area functions. 6. Parking and service areas shall be located, designed and screened to interrupt and reduce the visual impact of large paved areas. B. Building Design: 1. Attention to building design encourages an aesthetically appealing and cafe place to live, while contributing to the pcdestrian environment. Residential forms human scale that contributes to a sense of ownership and comfort. 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 82 Page 23 of 32 2. Building components, such as windows, doors, eaves, parapets, stairs and decks shall be integrated into the overall building design. Building components and ancillary parts shall be consistent with the anticipated life of the structure. 3. The overall color scheme shall work to reduce building prominence and ohnll blond in with tho nati iral onyirnnmon� 11. Monotony of design in single or multiple building projects shall be avoided. Variety of detail, form, and siting shall be used to provide visual interest. Otherwise monotonous flat walls and uniform vertical planes of individual buildings shall be broken up with building modulation, stairs, decks, railings, and focal entries. Multiple building developments shall use siting and additional architectural variety to avoid inappropriate repetition of building designs and appearance to surrounding properties. C. Landscape and Site Treatment: 1. To the extent possible, existing natural topographic patterns and significant vegetation shall be reflected in project design when they contribute to the natural beauty of the area or are important to defining neighborhood identity or a sense of place. 2. Landscape treatment shall enhance existing natural and architectural features, help separate public from private spaces, strengthen vistas and important views, provide shade to moderate the effects of large paved areas, and break up visual mass. 3. Walkways, parking spaces, terraces, and other paved areas shall promote provided. 11. Appropriate landscape transition to adjoining properties shall be provided when possible. D. Miscellaneous Structures: 1. Miscellaneous structures shall be designed as an integral part of the architectural conccpt and landscape. Materials shall be compatible with other buildings on the site. 2. The use of walls, fencing, planting, berms, or combinations of these shall 3. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from view. Screening shall be designed as an integral part of the architecture (i.e., raised parapets and fully enclosed under roof) and landscaping. '1. Exterior lighting standards and fixtures shall be of a design and size cons+ tent with safety, building architecture and adjacent area. Lighting shall be shielded and restrained in design with no off site glare spill over. Excessive brightness and brilliant colors shall not be used unless clearly demonstrated to be integral to building architecture. iuui;., iilllluut, A II II c't i.lh uuuu.,ulltitt2,uuull uuuu, � I u.„ttt„,?, cutt'II c")r u u u c)t II P u ct ) (.1. 3 u i.lh u u : a u : u : I u i. u u tt)t i. Ilh a u : """10"""t„,iktAft II a W VI a h,:;i u : fl u : i.� a (D. 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 24 of 32 83 •Ol„PP 0(:',..at 0(„„„„).hr„,„3„ 00000000 II 0 y (0000) r rori 0„„„0 W h (00000 t r000 (00000 000/0a 0„„„0 (00000 t r000 (00000 p 0-(a:1(a (00001 11",)ta t t t ha ra 51000)°001,10001 Arly pr(„„):1(:':i:':io(,„„„t that p r(„„„)p(„„y„s(:i:).'!,„; !!,„st („„'„t lo„„„o r(0000000 000; th at 000.0000/ II 0 0 (2,0000) 11'1 t a II 11'1 000000000 0„„„0 t 011"Ia 00500 II y (ar 0[3„ S kin Elf s„ a a („„„„).f a 0 0 j,g r(„„„).L„,,o 11'1 d 1'11 (0) (000) r 011"Ia (000,00a d (0000 000; b (00000001000/00/(0000000 (0000 11'1 t000/00,/(0000) (0'000000000)„,,,, arid (0000 gh t )00, 11'0(00) (0000 t 11'1 lh (0000 II g,,I0 t a b (000) 00000,100) r(„„„„). lo„„„o 11'1 d (00000I '05000' 0 that IIII°°2 (00400) „„112 0001 b II (0000 !!'„St .q,is ha 0 0 00(00000,„ (003,00,00)110000000,„02„,r (000„)f t ra rgs r? a n t d (000) (a. r000; (000)r \At ri d(000m.0s „ b„ 1111"00000(00000sIIII fi':11011,1 00""""'orog ntagfas .A. rill n rrro„„„o rruo („„„„).1"' 11'1 ty--1"1 r(„„ \At 0 11'1 d (0000m.003 „ r tharl bll rid \Ara !!'„3 ""i0""" E°03.„0E03„100).°070"000000:00,010:,,,, shall „, „„)rotOru„„o(,i,',',„! pattEi,',)rr5003 (0)011"' ()pa 11'1 II r0001001003 arid \At II 11'1 d (00000)0w003 (00000)ri r(„„„).L„,,o n d 1'11 (00000)(0) rs 011":(000000 at 0„„„0 d 0 a. y \At O 11'1 d (0ms „ 0003 0 a 11'1 k0. St r earl d(0000005/(0a 0 (00)p 00000000 (000000 0'1 t t (0000) t h (000000 b II d maa h a 0 0 II ra 0„„„0d (000000 at 0 (000000 a St (:). a „ ""i0"""r(i,',) 0 0 11.'!5(:1:':':1!!!'„3 \ At t (all II 00010000 b 11'1 „00001,,, 000„( II 11'1 (000000005 (ar p a 11'1 t 00010000 at (0000000 r a 0 !!'„3 „ b „ 0 a 11'1 t 11'1 b(0000000( .000„ „.„ :(0000000(0000000 w0c(0„„ „„).0 „„ 0.„„(ad ,I20 aro r b ;000? 011III(a(0000001 w d(000) a d 011III(a(0000001 (0000)010(001,0„,,, 1105 0 a 0'1 t 000sp(0000000 (0000„ h a 0 b (0000000 (0000„h t ["11 W11 0 0 (::::::)0DS(:',11„„J („„„„).r Ei()(..'i,1411 t h(0000000 \Ara 0 0 .'"'„S .'"'„'311„„J \II t h'"11 11 11'1 03 ,,,y0(000000080 „0„„ „ (0000„„ III 0 0 0„„„0 00010000 II 11'1 a t (0000000d a rt0000Alla n14,000,0,00 00050„„„0(000,h 80.!!'„3 00010000 (0000)0000; 00a II (000,003 (00000)r 000000000 0„„„0 ra !!'„3 „ d „ (00„; ha ra 0000,00[(000000,00d 00000000 a 0(00000 r II a „„„ (ar „„„ 11„„J11 „„, W 111"„["11 11""11-11 001 1111""11-11 11„„„111""11-11 ,„„„„ d(0000000001„ 00.0000001.101f,', S Ilea 111(„„,04:„„, 11 .'4„„„ 0,002(0000000r /5 0 IIra r 011:::(000000(0000000' (0000)0f a(010000000„ \Nallk.000Arays \At h°0000 a 00010000IIrlIIrro0„„„0000000000 \At h°0000 (01 6 011":(000000(0000000t !!'„Sh 200 (a000000)rlr1(000000(00001 200 (0000000ritrarl(000,0000000000003 dIIr(0000000(0000111,y t(000) a p0„„„iblIII(000, „ma I400„ . r (000)(0000000' ic3wn „ .A.00 b0„„„0IIIIdIIrIJ,00001 (0000000rT 110-030 1( arid 1"11":ty. „.„ :11 p!:i:':':ion0„„0.00:00„00 (0)011"' th(0000000 „a „„„„ (0)1' a 0 0 (5a d (0000000 10:r(„„„„).rit a 0(prig, .S11 d (Ewa k0.0003 h a 0 0 og,,r(000)000/ d (00000 (5000000)rit rd„„„0(0000)0„„„0 W(:1:':':1! at h (0000000 r „pr(„:„„„A(a(,„„„t 0(„„„„).r1 th(0000000 .S11 d(0000000wallk0.„ 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 84 Page 25 of 32 „, 11 )(D. r.:,,,i,,,,,, \Ath11(: i „„, „, Ind 11"i'c,„).rurfil tfi'll(,i:':'fi! b fi„„,,fill 0 d 11 ri,;1„ 11"a(:ad(,i:':'fi! a rurfil 11 rfi firEar rurfil E2,,,,rc,',',',',11!::':i,,(,:tc,',)ri („).11”' •'!'„3 II„X„. (S,,,,),,,,,,,,,;;0"'(:1:':':1!(:1:':':1! („„ „„ II t h (,',':':':'fi! ,,pefi d (,',':i:'fi!•'„St 11-11 a fil a 11-(,',':i:'fi! a „ 1113 rc„). (,',':i:'fi!(:k 11 c„). fil rurfikr •St b (i:':'fi! J,:g 11-(,i:':'fi!en.t(,':i:'fi!lr tha fil (,',':':':'fi! 11 ';',1ht 1,(3. ) 11"'(D(,':i:'fil .,,Efibc,„„),,,,,,,ii) •'„S II d (':inAt a 0 k. 0 (,',':i:'fi!,,,,,,,(,i:':'fi! 0 „ 5 „ („„„' o rog a n 11""""' (gcw r 1 ;1111.(,) s 1111 fi':':') fin i a so:,)s „ """111"""h (,',':':':'fi! 11"'c„). 0 0 ow 11 h ,',',',',),,,,,, •'!'„3 arida° .10212 0 y t („„„„). 1111'1 („„„).d 1115 (,',':':':'fi!d .!fir2(,i:':'fi!(2',.1111'i (2'a t 11 („„„).1r1 11"E(„„„)finruo t h(:i:':'fi!•'„S(:1:':':1! St arid .,,En. rd .'1,',',3 W II t h(„„„„).11„„„it r(i:),,c3.1,1,,,,,,,,„„fi(,i:':'fi!•'„St II 0'111 .',30. "f(„„„)rn'fil a 0 d(,:,,,,:!,,,figa rtr„„I rg,,,,,, fi„„„fi rill t .'',',3 Wh 11 (2',11 a 11-(,',':i:'fi! 11-(,i:':'fi!,,,If,:,,,,11„,„fillr(,':i:'fi!d 117.),,y t [.fil (,',':':':'fi! fi„„„fi 11'1 d (i:':'fi! r 11,y1rig,,,,,,;,E(Dri 11 rig„ d 11•St 11-11 (,:l t c„). b (i:':'fi! (2',..,a02,,,E3 b 0 (,',':':':'fi! c„).11"' b (i:':'fi!llr'fi ,',',',',1,,,,,,,,,c,„>(„„„).1r1,,,,,,,(:':i:)11 „ t c„). (2',i;:„„„).11-rull 1111'1 (,',':':':'fi! r(2',.11 a 0 sp a („k,',i:),,,,,,, t h (,',':':':'fi! 1111'1 („„„). d 1115 (2'a t 11(311'1 ip r(„„„),,k 11 d (i:':'fi!.'„S 111r(:1:':':1!'201„(:':':1:':1!11- (21„„J•St 011'0'0 (:':':1:':1!11- („„„).11- b fi„„„fi •'„S II Ill (:':':1:':1!•'„S.'„S .20.(a„•(;„„>::':':1:':1!•'„5•'„S "f(„,„„)r t h (,',':':':'fi! 11"fi„„„fit fi„„„fi 11-(,',':i:'fi! (2',i;:„„„).11-rull 1111'1 (,',':':':'fi! r(2',.11 a 0 .,4,,,102 a („k,',':i:':fi!,,,,,, („„„).11- ( b.) t h (,',':':':'fi! 1111'1 („„„). d 1111'i (,',':':':'fi! d d(i:':'fi!.'„S II ,I,','„,,,j Ill („„)."I "t0'"11(:1:':':1! ,,,,,,g Ilet„) ILI 11'1 d 11"11(„„„).(:„„„)11- 11-(,i:':'fi!•'„S II d(,i:':'fi!rit 11 a 0 a 11-(,',':i:'fi! a (i:).;kh 11 b 11 t .'','3 "O'(:1:':':1!.„It„ ILI Ile(:1:':':1!•'„S that 1111'1 11 t 11,,ilat (,',':i:'fi! t h (,',':':':'fi! (2',,i;:„„„).rid 11 t 11 („„„).1r1.'„S („„)."I .'20. •St Ile(:1:':':1!(:1:':':q "I RD 0'1 t ql:1,,,'1:1:':1! W II t h fi„„„fi 11'1 d (,',':':':'fi!!',3 II ra b 0 (,',':':':'fi! “"'(':i:'fi!ey.t11„„„ille(:1:':':1!•'„S •'„S 0„„„Kah '''„a•'!'„3 (a„•(„,„„„)•ri st refill (,',':':':'fi! d •'!'„3 II d (,',':':':'fi! \Ara 0 k„. \At 11 d t Irrs c„). r h 11,1',]h 0 (,',':':':'fi! \‘'.(:':':1:':1! 0 •'!'„3 („„)."0'''' (2k1lirfil (:i:':'fi,i,,,, and th(:i:':'fi! rurfil cd 11119 (:i:':'fi! d d (,',':':':'fii:,,3 11 :,],r1 fin (21-(,i:':'fi!a .,4,3(,',':i:'fi!!!,„3 0 rya b 11 0 ky a h d !!'„3.2"0''''(:1:':':11"!Y "f(„D•r l'i„,,fit LI r(,i:':'fi! t(,i:':'fi!rfi a rfit.:,3 and t fi'll (,',':':':'fi! (2k,„„).rurfil rural rfillty„„, a „ A.11 0 11-(,i:':'fi!•'„S II d (,',':':':'fi! rit 11 a 0 fi„„„fi 11'1 11 t .'','3 .20.'t„ 12,1,D,'„,„„) IL„,•01r1 d 0 (,',':i:'fi!,,,It(,',':i:'fi! 0 •'„S h a 0 0 11"'(i:':'fi!a lfi„„„fir(,':i:'fi! pir, 11 ,,,,ka „(:'„,„ (,':i:'fi!lr'fit refirl(n,',':i:'fii:,3 l'i'c„).rurfil t h(,',':i:'fi! .,4st r(i:':'fil,i:':'fil \At lltfi'll pc„).r(2',h(,i:':'fiL,4,3 cr .,4st(„„„„).c2ps„ IIEE2(:',h pc„).r(2',11 (Dr .,4st(„„„„).(,',',',Ip •'!'„3 ha 0 0 b(,i:':'fi! a rurfil 11 h 11 rro fi„„„firruo b „ 111""""' fin II •'!'„3 h (,',':':':'fi! d 11'11c)c)n:s 11"C„„)r Jg rc„). fi„„„fi rid 0 (,',':i:'fi!,,It (,',':':':'fi! 0 r(,':':':'fii:,,3 11 d (,',':':':'fi! h t 11 a 0 lfi„„„rs(:1:':':!!!1:3 •'!'„Sh a 0 0 b (i:':'fi! a (2',.„ 3; (,',':':':'fi!t bka (:',.k. a r(,i:':'fi!Za!!1:3 "f(„D•r ;''g rc„). fi„„„fi h d 11'11c) c„). r r(,i:':'fiL,4,,,3 11 d (,':i:'fi!lr'fit 11 a 0 lfi„„,r,„3(i:':'fiL,4,3 t h at a r(,i:':'fi! h („„„„).t („„).(2k7:0A„,„:[,2„11(:i:':'fi!d 11,2„y„ st (:::::),i,',',',',1„0,2!3 c,',',)r \Ara 0 k.'1,,,,,Itz„y!„.:,; •'!'„3 h a 0 0 b (i:':'fi! 0 a ri d:,3(:',..,ap(:i:':'fi!d a h d •'!'„Sh a 0 0 fin (:',. 0 fi„„„fi d (i:':'fi! a rurfil 11 n 11 rruk„„„irrfil cyll"' c„).ri(:':i:'fi! t h (:':':':'fi! 11"'c„). 0 0 cm 11 h ;'1,,,, d (,',':':':'fii:,,3 11 ,',„„'„1,,rfi 11"'(i:':'fi!at fi„„„fi r(,':':':'fii:,,3 at 11 h t (,',':i:'fi!r \ta 0 •'!'„3 h c„). ;''g r(,i:':'fi!at (,',':':':'fi! r t fi'll a h 3 (,) 11"'(,i:':'fi!(,':i:'fi!t cl lra(;:a d(,i:':'fi!„ 11[31fi„„J 11 0 d 11 rigs \At llt h 11,1J1 Efi S.'S (a•L„„0 Ilet Za II Ill WZa 0 0 •'%1Y.'„St(:1:':':1! 01'1 •'„S 1111'1 .z,,,fi.,,y ,,,,,,,,,PS Za 111 Za 0 t(,',':i:':!11-ri zat 11 .",,n,',':i:'fi! tc„). t h (,',':':':'fi! b (i:':'fi! 0 („„„).w 11"'(i) zit fi„„„fi fik,':':i:'fi!:§1,.,,,, 11"'(i:':'fi!za t 11„„„,fir(,i:!,,,,,,,1211-(„2,,ll ,,,,,,g („:111 r1J,',1, h (Dr 11„;',in„„„„)h ta 0 a h dic)r .N1t(,':i:'fi!rt 11 (:',.2 0 rural 0 0 11 c„). rl •'!'„3 „ a „ \la r11(,i:':'fi!d b fi„„„fi 11 0 d 11 rill h(:',i,',ifill,,i:':':),,,,117.fi •'!'„3 „ b„ Wirld(„„„).w 11"'(Dri(,':i:'fi!•St rzat11(„„„).111 ,pzit11„„(i:':)11-ri •'„S („„„) r (,':i:'fi!rito-11(,i:':'fi!•'S „ (,'„„,„„ '',,,,,t(,':i:'fi!rt 11(„„„'„•.„El „„ :„„„„11" 0'1 (:':':1:':111 "I' ,„„„,„ I „„Ka 1 „„i• „„1. II („,, „„„ („„„'„,„'i,,2,12(:1:':':1!C Ile(:1:':':1! II. '„„„)II Za Ilet „ "V' „ („„„; hzarficl!,i:':'fi! fin b fi„„„fi 11 0 dll rilg h(,i:':'fi!11,1„Aht cyf at 0 (,',':i:'fi!.Za •'!'„3"t ''"' "f(„:„„)•(„„„„„lt „ 1,',',I,„ 11[3.,,,E,1,,,y, wfirid(::::„)ws., „„pc„).11-(„„„n(,':i:'fi!si,,,,, (2',..arl(::::„).2,11(,':i:'fi!•'S „ („:1 II 01'1 Ill (:':':1:':1!y„,„s„ h „ 10E3 (,':i:'fi!(„k„„„„). rat 11,,It(,i:':'fi! („k„„„„).rrill(n,',':i:'fi!!!,„; prciilj,',':i:)(:1„11rig at 0 (,',':i:'fi!Za•'!'„3"t '"0' "f(p(„,„„A „ („„„; („„„)rri 11(„k,',':i:'fi!!!,„; •'!'„Sh a 0 0 11 „ (E; hall ;'',',',JJ:,',':':':'fi!!!,„,3 fin („k„„„„). 0 („„„„).n:,3 (Dr rurfil a t (,i:':'fi!r11 a 0 •'!'„3 „ .......„ ,,k11.'„S II b 0 (,',':':':'fi! 1frc„)finruo zaclill,,,,i(„k,',':i:'fi!filt •St Ile(:1:':':1!(:1:':':q.:,,,i,,,,,,,,,, prc,',','?pcifirt11(,i:':'fi!,:ts,.,,, c„).11- to. c„).(kkL„,:fipzarkt.3 („,„„)if t h (,',':':':'fi! b fi„„„fi 11 0 d llrig c„). r •'„S II "t„(:1:':':1! „ b„ 111";?„.(i:':'fi!“111(,i:':'fi!(:111,,,ii,i:':'fi! rurfil (,i:':'fi!ta II •'!'„3 II d 11 rfi cl,,,,,,,, 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 26 of 32 85 11°C;(3ronfi':':)ors„„ 0[311„1110dfirl„:1 („„„x„:„„trri(„,„fi!lle.,:3 Zit 11 0'1 t y („:„fi!..:K.11 St 11 111,,,1::] r r„„fi(im St 9„ as (:) ")1111sp„,os41 roa ts „„„„13wit. 1111fir!g„„1„„'„:14„.1,4:::: ks„ ""fi' (,)„ Uti001111ty Anogpitra os„ „0:::r(„„„trk„fi pofirit ,,„(11Efiw j,i,arE„fi!zat(E„,fir t[„„fi zar„„fi (,) „0:„E„fi!E„fil z„tb(,„„„t,vtEfi! th(E„fi! „0:„firlfiSh(E„,fid S t(:1:':':1! rzad(E„fi! („:„„tif t["„11(,„,„fi! sfi„„„fibl„Efi!(„„1 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 86 Page 27 of 32 Section 17. Regulations Established. TMC Section 18.60.080, "Vehicular Areas and Parking Structure Design Review Criteria," is hereby established to read as follows: ' kl„„60„„08(11 V e Ille IIII c u 110 a r A 1111':'eas an ' IIII," a Irk: IIII na,St ru et u re )esi gun 1111"Reer IIII fi':':':'; IN C: rIIII le rIIII a ,, .„ Aup. oo o::„.a billIIIIII yi 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 28 of 32 87 III„) 1E3 „ S iln Eir s „ VE)11111IIII (pi' f „;„11'„2„„„„§„i[cA„,!2,1„Y:f,„„11„E„„„„„§„Y„„,§1„!2,1„,1,1,2„„„„1,1„„,„„„„„:11:1„li,„'„2„„„„i„J„,g„,b,„1„ii,12:g„, b „ 1E; II d(E'fiwa 0 lk„sandwp 0 A s (,13„„„fi a n t II ty andw II d t 1111 ,":,,!„ 1111"");1 rIlk„IIII fin tr," Stir 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 88 Page 29 of 32 Eii.0 u..,u(..tL.,uu (.d p«..:u I .au:1.. ,,3h2IIII u:oi. ix.). (.x....u..,upi.h«..:u: 5(. �4,1 «..: u : II u u ., 1r(., u u u «..: p L.0 b u u . III i. (.. II «..: (.).a .A.00 mllc,),,It(., I.. II (DIl..uu:d ,si.11 u..,u(..,t,ll.,ull (. d p,:::u I .uII:I., rrh«..:IIII II(:;, ix.). 1(.),II II(.mIIII:., ,Si.«.....mu:dall ds. � I ). Aa (...huL.,uu aII l..,uu (fiLs !u°.:i. (Du: !,3i.0 u,u.0mIIII Si.i. Wui.h «.:rid III.. «.:i.11..,uu (.fiS (..)Iµ i.h prfinruo zary Si.0 u..,u(...tll..,ur(fi! .... .... .... �.,. i ,IIII uu a aIIII II IIgauL,uu:� �u a t ul... tIhau: rid Sh«..:IIII IIIIII«.:II:k. wzaIIILS «..:rid Sh«..:IIII III..,, s i.�.,� ` . ().(,)"„7(,.Ill:t. i° Section 18. Ordinance Nos. 2741 §4 (part) and 2765 §125, as codified at TMC Chapter 18.60.080, "Tukwila South Design Criteria," are hereby renumbered as TMC Chapter 18.60.090. Section 19. Ordinance No. 2741 §4 (part), as codified at TMC Chapter 18.60.090, "Commercial Redevelopment Areas Approval Procedures and Criteria," is hereby renumbered as TMC Chapter 18.60.100 and amended to read as follows: 18.60. ' 00 • Commercial Redevelopment Areas A. IIII nitIllr":LThe intent of this section is to create a more uniform commercial district along the Tukwila International Boulevard corridor that serves the space needs of mixed use or commercial development that fronts on Tukwila International Boulevard, to allow and create developments that aro designed and built to better buffer the negative impacts to better ofthe commercial district on the adjacent residential neighborhoods, � �u°:� I integrate, where appropriate, the mixed use or commercial developments with the adjacent residential neighborhoods. Development within the five identified commercial redevelopment areas that is not in accordance with the underlying zone's uses and standards may be approved by the Director if the development complies with the following criteriatr: B . b:IIII ity an IIII ulro . Au : .. IIIq„. or III i DR 7....u n.,! a i.lh in u in u 6 IIIIIIII II:i. Au :m ..,flIIIw. i II :mIIIII II r IIIfittei to :mggII fig,:::.(Ifit vfia :m III i:m.Il2II: bufin durig .,uuupuov euuufin pIIafin afin diou dev eIII..puuuacue a hy adip c..fin i. p«..:m..II i.h«..:t lit„,b1°: i, N„„c„„ fl !:?u Ill:.t.:fl 2,2„:,iu°:,: •ilia rli ,12,,, 1. Uses allowed: The permitted and accessory uses all:d d v(..IIop i. si.all:daIIds of ias u Onj Jeat pa IIi.fin IIII: i.fin B.A. shall be those of the adjacent commercial IR.0 or III" i '::A .� �u°:lilt:„t district to which the residentially AIIIw, r OH DR zoned properties are being aggregated. 2. Standards: The basic development standards ar- s shall be those of the adjacent jaccnt commercial district to which the site is being aggregated and the stand for the uses that are being proposed. . 'A :................ 3. Approval r cedure tllllj' li!ralllt ....tear:!(..........:.I!I JIII ro'ta : a. In a Commercial Redevelopment Area, the Director must review and approve any development per the Tukwila International Boulevard Design Manual and the intent and criteria of this section. 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 30 of 32 89 b. The development rm t c lhallll include at least one parcel that fronts liu°� :Ilu..u�`tla°; and any number of additional adjacent on Tukwila International Boulevard„ IILd''....p;p:::p�,,�..�:.................................. parcels within the commercial redevelopment area'''°III'''''?'A. (Exception: Commercial use of property in Site 2, in the block bounded by 112 Avenue South, South 1/l1lth Street Tukwila International Boulevard and South 1 /12nd Street, must aggregate with the property on the c. The following criteria from the Tukwila International Boulevard "Design Manual are augmented to include the following intent: (1) to cr ate streetscapcs that are similar in setback, landscape and building heights where development occurs across from single family residential: (2) to create architecture th compatible with desired residential character and scale where development occurs adjacent to residential, the following elements must be addressed: (a) Site Design with special attention to continuity of sites with (b) Building Design with special attention to architectural relafi - - and Section 20. Ordinance Nos. 2741 §4 (part) and 2765 §127, codified at TMC Section 18.60.100, "Expiration of Design Review Permits," are hereby renumbered and recodified at TMC 18.60.110. Section 21. Ordinance No. 2741 §4 (part), as codified at TMC Figure 18-3, "Building Height Exception Areas," is hereby amended to read as referenced in Exhibit A. Section 22. Ordinance Nos. 2741 §4 (part) and 2765 §135, as codified at TMC Figure 18-7, "Required Number of Parking Spaces for Automobiles and Bicycles," are hereby amended to read as referenced in Exhibit B. Section 23. Ordinance No. 2741 §4 (part), as codified at TMC Figure 18-9, "Commercial Redevelopment Areas in the Tukwila International Boulevard Corridor," is hereby amended to read as referenced in Exhibit C. Section 24. Ordinance No. 2741 §4 (part), as codified at TMC Figure 18-10, "City of Tukwila Zoning Map," is hereby amended to read as referenced in Exhibit D. Section 25. Ordinance No. 2756 §4 (part), as codified at TMC Table 18-2, "Tukwila Urban Center Land Uses Allowed By District," is hereby repealed. Section 26. Ordinance Nos. 2741 §4 (part) and 2765 §133, as codified at TMC Table 18-5, "Provision of Parking", are hereby repealed. 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor 90 Page 31 of 32 Section 27. Ordinance Nos. 2741 §4 (part) and 2765 §134, as codified at TMC Table 18-6, "Land Uses Allowed by District", are hereby amended to read as referenced in Exhibit E. Section 28. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 29. 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 30. 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 (5) 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 , 2025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Exhibit A: Figure 18-3, "Special Height Exception Areas" Exhibit B: Figure 18-7, "Minimum Automobile and Bicycle Parking Requirements" Exhibit C: Figure 18-9, "Commercial Redevelopment Areas" Exhibit D: Figure 18-10, "City of Tukwila Zoning Map" Exhibit E: Table 18-6, "Land Uses Allowed by District" 2025 Legislation: TIB Zoning Version: 10/6/25 Staff: I. Gloor Page 32 of 32 91 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes September 8, 2025, 5:30 p.m. - Hybrid Meeting; City Council Conference Room & MS Teams Councilmembers Present: Verna Seal, Acting Chair; Hannah Hedrick, Joe Camacho Staff Present: Laurel Humphrey, Nora Gierloff Marty Wine, Max Baker, Isaac Gloor, Jen Tetatzin Acting Chair Seal called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Tukwila International Boulevard Code Amendments Staff briefed the Committee on a project to amend TMC Title 18 relating to various standards for the Regional Commercial and Neighborhood Commercial Center zoning districts including allowed uses, minimum parking, design standards, development incentives, and co -living housing standards. Committee Recommendation Forward to October 13, 2025 Committee of the Whole. MISCELLANEOUS The meeting adjourned at 6:26 p.m. VS Committee Chair Approval 92 Tentative Agenda Schedule MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. OCTOBER 6 ctolbeir 6, 2I25 Work Session ctolbeir 6, 2 25 IRegaullair Meeting- OCTOBER 13 •ctolbeir 13, 2I25 Committee of the Whole MeetingSPECIAL OCTOBER 20 WORK SESSION World Cup Update REGULAR MEETING CONSENT AGENDA Resolution updating the Compensation Policy. - Ordinances for Zoning Code updates relating to Tukwila International Boulevard. - Grant Acceptance from King County Youth Amateur Sports for Tukwila Community Center Turf Field Conversion. - Resolution adopting Comprehensive Emergency Management Plan. PUBLIC HEARINGS - Ordinance adopting 2026 Mid -Biennium Budget Adjustment. - 2026 Property Tax Ordinances: 1) Excess Levy 2) Regular Levy UNFINISHED BUSINESS - Ordinance adopting 2026 Mid -Biennium Budget Adjustment. - 2026 Property Tax Ordinances: 1) Excess Levy 2) Regular Levy - Ordinance adopting franchise agreement with Level 3 Communications. OCTOBER 27 PRESENTATION - King County International Airport Update. ISSUES - Minor Updates to DCD Permit Fees. MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. NOVEMBER 3 WORK SESSION Inclusive City Policies. REGULAR MEETING CONSENT AGENDA - Authorize the Mayor to accept the King County Cooperative Watershed Management Grant for Chinook Wind Extension design and construction services, in the amount of $618,324.00. - Authorize the Mayor to accept the Safe Routes to School Grant from WSDOT for 46th Ave S design services, in the amount of $610,000.00. - Authorize the Mayor to accept the Ecology Capacity Grant for NPDES Permit Implementation, in the amount of $120,000.00. - Authorize the Mayor to sign a contract with Clearwater Advisors in the amount of $250,000.00. - Minor Updates to DCD Permit Fees Resolution. PUBLIC HEARING - Ordinance adopting 2026 Mid -Biennium Budget amendments. PUBLIC HEARINGS - Ordinance adopting 2026 Mid -Biennium Budget Amendments. - Ordinance adopting 2025 Year -End Budget amendments. - Ordinances adopting 2026 Property Taxes: 1) Excess Levy 2) Regular Levy NOVEMBER 10 PUBLIC HEARING - Prato District Development Agreement. SPECIAL ISSUES - Prato District Development Agreement. - House Bill 2015 — Criminal Justice Sales Tax Ordinance. - Resolution updating the Compensation Policy. Special Meeting to follow Committee of the Whole Meeting UNFINISHED BUSINESS - Ordinance adopting 2025 Year -End Budget amendments. - Ordinance adopting 2026 Mid - Biennium Budget amendments. Ordinances- adopting 2026 Property Le 1) Excessy Taxes: Levy 2) Regular Levy NOVEMBER 17 WORK SESSION Neighborhood Traffc Calming Program update. REGULAR MEETING UNFINISHED BUSINESS - Prato District Development Agreement. - Ordinance adopting 2025 mid -biennium budget amendments. - Ordinance adopting 2026 mid -biennium budget amendments. - Ordinance levying 2025 Property Taxes: - Ordinance levying 2026 Excess Levy. - House Bill 2015 — Criminal Justice Sales Tax Ordinance. - Resolution Updating the Compensation Policy. NOVEMBER 24 SPECIAL ISSUES - Resolution establishing 2026 Washington State Legislative Agenda. 93