HomeMy WebLinkAboutCOW 2025-11-10 Item 5A / 6A - Public Hearing - Ordinance Adopting Prato District Development AgreementCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
9/22/25
DCS
11/10/25
DCS
11/17/25
DCS
ITEM INFORMATION
ITEM NO.
5.A. &
6.A.
STAFF SPONSOR: DEREK SPECK
ORIGINAL AGENDA DATE: 9/22/25
AGENDA ITEM TITLE Prato District Development Agreement
CATEGORY ® Discussion
Mtg Date 9/22/25
® Motion
Mtg Date 11/17
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
® Public Hearing
Mtg Date 11/10/25
❑ Other
Mtg Date
SPONSOR ❑ Council ® Mayor ❑ Adtrain Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PJF
SPONSOR'S
SUlLMARY
The 2009 Development Agreement governing the Tukwila South subarea expires on
December 1, 2025. Segale Properties and City have negotiated a new development
agreement for the Prato District. Council is being asked to hold a public hearing and
approve the ordinance and associated development agreement.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm.
❑ Planning Comm.
DATE: N/A COMMITTEE CHAIR: N/A
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMMIII EE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$0
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0
Fund Source: N/A
Comments: N/A
MTG. DATE
RECORD OF COUNCIL ACTION
9/22/25
Council discussion at Committee of the Whole
MTG. DATE
ATTACHMENTS
11/10/25
Informational Memorandum dated 11/03/25
Powerpoint Presentation
Draft Ordinance with proposed Prato District Development Agreement & Exhibits
11/17/25
TO:
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
City Council
FROM: Nora Gierloff, Department of Community Development Director
Kari Sand, City Attorney
Derek Speck, Economic Development Administrator
Jen Tetatzin, PE, Public Works Director
CC: Mayor McLeod
DATE: November 3, 2025
SUBJECT: Prato District Development Agreement
ISSUE
Segale Properties has requested the City approve a new development agreement for the Prato
District.
BACKGROUND
In 2009, the City Council approved a development agreement (City contract #09-100) with La
Pianta, LLC (now Segale Properties) for the Tukwila South project area (which is now known as
the Prato District). The original development agreement (DA), as amended, is currently
scheduled to expire on December 1, 2025. In early 2024, Segale Properties requested a fifteen -
year extension of the DA. Staff briefed the City Council on that request and began negotiations
with Segale Properties.
Staff briefed the Council on the expiration of the original DA on 7/1/2024, the status of
negotiations on 4/21/2025, and proposed deal terms for a new DA on 9/22/2025. City
Administration and Segale Properties have now reached agreement on a proposed new
development agreement for the Prato District. MAS Tukwila LLC will also be a party given they
own property that would be subject to the new DA. Segale Properties would like the new DA to
take effect before the current one expires this December.
DISCUSSION
The Prato District is an area of approximately 334 acres located at the southern portion of
Tukwila. The District is owned by Segale Properties except MAS Tukwila LLC owns
approximately 4 acres.
Segale Properties' vision for the Prato District is very much the same as it is in the original 2009
DA. In fact, the Tukwila South Master Plan that is included in the 2009 DA is also included as
Exhibit 4 in the proposed, new Prato DA.
In order to approve the new DA, the City required an updated analysis of the environmental
impacts of the Tukwila South project compared to the mitigation measures proposed in the 2005
EIS (E25-0017). As part of that update, the 2009 traffic study was redone to extend the analysis
through the term of the proposed DA (2040). Segale Properties completed that update and
determined that no new mitigation measures are needed. Staff has accepted that analysis.
On 10/6/2025, staff issued a SEPA addendum to the 2005 EIS finding that no new mitigations
are warranted. The City has received no comments to date.
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INFORMATIONAL MEMO
Page 2
Proposed Terms
Following is a list of the main terms in the proposed, new Prato District DA. Many terms in the
original DA have been completed or are no longer applicable and are not included in the
proposed agreement. Most of the terms in the proposed, new Prato District DA are in the
original Tukwila South DA. For brevity, this memo highlights only the significant terms or
changes. The terms are generally in the order in which they appear in the proposed, new DA.
➢ Whereas Clause — References Exhibits 1 and 2, which provide a vicinity map and legal
description of the property subject to the proposed, new DA. Note: The Prato District is
smaller than the original Tukwila South area, which was over 500 acres, because Segale
Properties sold a portion of it.
➢ Section 2.1 - Confirmation that Tukwila South Overlay code (chapter 18.41 TMC)
controls the zoning.
➢ Section 2.2 — Confirmation that the Prato District is vested to the 2010 Sensitive Area
Master Plan (SAMP) as detailed in Section 5.2.
➢ Sections 3.1 to 3.3 - Development is limited to 10,166 Net New Trips, 10.3 million square
feet of new Building Floor Area, and impervious surface coverage up to 85% of the
drainage basins served by the stormwater facilities.
➢ Section 3.4 - Potential addition of Expansion Areas to DA.
➢ Section 4.1 - City commitment to maintain sanitary sewer capacity to serve future
development. Vesting to City's 2009 sanitary sewer connection rates.
➢ Section 4.2 (a) — Provides for a future revision to the bike/pedestrian trail easement on
the levee system so that the easement moves if the levee moves and applicable
agencies agree to the easement. Note: this provision provides greater clarity than is in
the original agreement.
➢ Section 4.2 (b) - Segale Properties to construct six, 14-foot wide publicly accessible
east -west pedestrian corridors connecting Southcenter Parkway to the bike/pedestrian
trail.
➢ Section 4.3 — In accordance with the terms of the original DA, the City issued a clearing
and grading permit (PW10-064) in 2010 which remains active today. Under the new DA,
the grading permit would remain in effect subject to meeting City requirements.
➢ Section 4.4 - Future vacation of remaining portion of Frager Road/Southcenter Parkway
at no charge.
➢ Section 4.6 — This is a new section that requires Segale Properties to provide progress
reports every five years, including stormwater monitoring results.
➢ Section 5.1 - No development in Native Growth Protection Areas (NGPAs) with a few
exceptions.
➢ Section 5.2 - Vesting to Development Regulations. The original DA vests Tukwila South
to most, perhaps all, of the below regulations that were in effect in 2009. The proposed
DA would vest the Prato District to those in effect upon execution of the new DA, which
3
INFORMATIONAL MEMO
Page 3
is anticipated in November 2025. This updates most of the development standards from
2009 to 2025.
o TMC 9.50 - Concurrency Management
o TMC 14.19 - Sewer Connections — Preliminary Plat of Tukwila South
o TMC 14.30 - Surface Water Management
o TMC 17 - Subdivisions and Plats (Chapters 17.08, 17.12, 17.14, 17.16,
17.20 and 17.24)
o TMC 18 - Zoning (18.04, 18.06, 18.08, 18.09, 18.41, 18.44, 18.45, 18.50, 18.52,
18.56, 18.58,18.60, 18.64, 18.66,18.70, 18.72, 18.80, 18.82, 18.84, and 18.86)
plus Figures 1, 4, 6, 7, 8
o TMC 21.04 - State Environmental Policy Act (SEPA)
o City of Tukwila Infrastructure Design and Construction Standards (2025)
➢ Section 5.2.1.1 — Stormwater Modifications. Stormwater was one of the most
complicated issues during negotiations because the regulations are very complex, can
have significant impacts on other properties and stakeholders, and change as new data
becomes available. The proposed terms related to stormwater are fairly different from
the original agreement. Staff believes the terms find an acceptable balance of Segale
Properties' desire for certainty while protecting the City from significant risk.
o The trunk storm drain and north and south detention ponds and water quality
facilities that were already constructed will be vested to the regulations in
place at the time of construction.
o Segale will provide a covenant for maintenance and operations of the
stormwater facilities that grants City access to the existing facilities.
o Segale Properties will install equipment to control flow between the North
detention pond and the City's pump station, and the City will have rights to
use the flow control valve when necessary.
o New development applications shall be required to provide On -Site Flow
Control Best Management Practices pursuant to Stormwater Manual Core
Requirement #9.
o Segale Properties will remain responsible for ensuring adequate collection,
storage, and treatment of all stormwater in the Prato District and will conduct
annual testing to monitor quality of water discharged.
➢ Section 5.2.1.4 - 100% of the Development Area (as shown on Exhibit 3) may be cleared
and graded, and up to 85% of the land within the Development Area served by each
stormwater facility may be covered with impervious surfaces.
➢ Section 5.2.1.5 - Segale Properties will prepare a Letter of Map Revision (LOMR) for the
land currently included in the floodplain and will comply with all current and future
floodplain regulations. The proposed DA clarifies that the City's floodplain review will use
the biological evaluation already conducted and the conclusions provided by the relevant
federal agencies between 2005 and 2010.
➢ Section 5.2.2 — Vesting is to substantive codes, not to procedural codes. This is a
clarification compared to the original DA, which the City requested to improve efficiency
and clarity.
➢ Section 5.2.6 - Parcel Builders may choose to "opt forward" and waive vesting and
develop according to one or more TMC chapters in effect at time of filing a complete
building permit application on a parcel -by -parcel basis.
4
INFORMATIONAL MEMO
Page 4
➢ Section 5.3 — Provides for Segale Properties to construct the Orillia Road Connector or
implement Alternative Mitigations if the number of trips passes a "trigger" threshold.
➢ Section 6 - Confirms SEPA compliance for development contemplated in the DA and
explains when the City may require additional SEPA review.
➢ Section 7 - Dispute resolution process now includes a mediation step.
➢ Section 8 — The terms clarify that major amendments are subject to approval by City
Council and minor amendments are approved by the Director of the Department of
Community Development.
➢ Section 9.13 - Term through December 31, 2040 (15 years).
Considerations
A key item to note is the City's approach to negotiations. The proposed, new Prato District DA
was requested by Segale Properties. Segale Properties has expressed that the DA is important
to achieve future development primarily because it provides certainty that development
regulations won't change during a major phased development.
Staff understands and agrees that certainty can facilitate private development, especially for
larger scale and phased developments. The guaranteed vesting in the DA is way to provide
certainty and encourage development but it's also important to note that it adds complexity,
especially as the codes applicable to the rest of the city may change over the next fifteen years
and diverge from the vested codes for the Prato District. The additional complexity will require
additional staff time, which can make permitting less efficient. The vesting also limits the City's
ability to change codes related to Prato District during the term of the agreement.
The public benefits of the proposed Prato District development agreement are described in the
"whereas" recitals in the approving ordinance and are mainly related to encouraging private
development. Mayor McLeod expressed support for the development and sees it as an
important public benefit. The City Council also expressed support to encourage development.
The City's approach to negotiations has been to find a way to agree to Segale Properties'
desired terms while reducing complexity and protecting the City from significant legal or other
risks.
The Administration recommends approving the proposed, new Prato District Development
Agreement.
FINANCIAL IMPACT
This item does not need an amendment to the City's budget.
RECOMMENDATION
The Council is being asked to hold a public hearing on the proposed Prato Development
Agreement and consider this item at the November 10, 2025 Committee of the Whole meeting
and to approve the proposed Prato Development Agreement via ordinance at the November 17,
2025 Regular Meeting.
ATTACHMENTS
Presentation
Draft ordinance with proposed Prato District Development Agreement and exhibits
5
PROPOSED PRATO DISTRICT DEVELOPMENT AGREEMENT
CITY COUNCIL PRESENTATION AND PUBLIC HEARING NOVEMBER 10, 2025
a-�
Image excerpted from 2009 Tukwila South Master Plan
AGENDA
Tonight's Purpose
Recent Council Action
Context
Proposed Terms of New Development Agreement
Next Steps
Public Hearing
Q&A and Discussion
Image excerpted from Prato District marketing brochure
2
co
The Tukwila South development agreement (DA) expires on December 1, 2025. Segale Properties
and the City's Administration have negotiated deal terms for a new development agreement for
the Prato District for Council's consideration. e presented those deal terms to the City Council
on September 22, 2025.
The purpose of tonight's agenda item is to hold a public hearing on the proposed development
agreement. Council is scheduled to vote on November 17, 2025.
3
7/1/2024 Council received a staff briefing on expiration of the current Tukwila South DA.
12/16/2025 Council approved an extension of the current DA through 6/23/2025
4/21/2025 City Council held a work session on potential deal terms for a new DA
6/2/2025 City Council approved an extension of the current DA through 12/1/2025
9/22/2025 City Council received a presentation on the proposed terms of a new DA
co
0
Council approved the original Tukwila South Development Agreement in 2009.That DA has 5
amendments and addenda and is set to expire on December I, 2025.
Staff and Segale Properties have negotiated a new Prato District Development Agreement. Segale
Properties would like the new DA to start before the current one expires. MAS will also be a party.
Segale Properties believes the new DA is important to encourage future development.
The City's approach to negotiations has been to agree to Segale Properties' requests, unless it puts the
City at significant legal or other risks. e also tried to simplify the DA for ease of use.
Segale Properties provided an analysis of the environmental impacts of the Tukwila South project
compared to the mitigation measures proposed in the 2005 EIS and extended the traffic study through
2040 and determined no new mitigation measures are needed. Staff accepted that analysis.
On I 0/6/2025 staff issued a SEPA addendum to the 2005 EIS and found no new mitigations are needed.
5
(SLIDE 1 OF 5)
Term through December 31, 2040
Covers current Prato District area, not entire original 2009 Tukwila South area
Confirmation that Tukwila South Overlay code (Chapter 18.41) controls the zoning
Vesting to the 2010 Sensitive Area Master Plan (SAMP)
Land use and construction permits "Implementing Approvals" vested with some modifications
- Generally, 2025 regulations
- Substantive standards; not processes
- Fees and processes in effect at time of permit application, unless otherwise stated in DA
Development limited to 10,166 Net New Trips and 10.3 million square feet of new Building Floor Area
Traffic impact fee credit for Existing Development Trips
6
(SLIDE 2 OF 5)
Potential addition of Expansion Areas to DA
City commitment to maintain sanitary sewer capacity to serve future development
Vesting to City's 2009 sanitary sewer connection rates
Future revision to the bike/pedestrian trail easement on levee system so that the easement moves if the levee
moves
Segale Properties to construct six, I 4-foot wide publicly accessible east -west pedestrian corridors connecting
Southcenter Parkway to the bike/pedestrian trail
Grading permit P 0-064 to remain in effect subject to meeting City requirements
Future vacation of remaining portion of Frager Road/Southcenter Parkway at no charge
Progress reports every five years, including stormwater monitoring results
No development in Native Growth Protection Areas (NGPAs) with a few exceptions
7
SLJDE 3 OF 5)
Vesting to Development Regulations (Substantive Standards only)
TMC 9.50 Concurrency Management
TMC 14.19 Sewer Connections — Preliminary Plat of Tukwila South
TMC 14.30 Surface ater Management
TMC 17 Subdivisions and Plats (Chapters 17.08, 17.12, 17.14, 17.16, 17.20 and 17.24)
TMC 18 Zoning (18.04, 18.06, 18.08, 18.09, 18.41,18.44, 18.45, 18.50, 18.52, 18.56, 18.58,
18.60, 18.64, 18.66,18.70, 18.72, 18.80, 18.82, 18.84, and 18.86) plus Figures I, 4, 6, 7, 8
TMC 21.04 State Environmental Policy Act (SEPA)
City ofTukwila Infrastructure Design and Construction Standards (2025)
•
•
or ater
(SLIDE 4 OF 5)
Trunk Storm Drain and North and South Facilities that are already constructed are vested to the regulations in place
at the time of construction.
Segale will provide a covenant for maintenance and operations of the stormwater facilities.
Segale Properties will install equipment to control flow between the North detention pond and the City's pump
station, and the City will have rights to use the flow control valve when necessary.
New development applications shall be required to provide On -Site Flow Control Best Management Practices.
Segale Properties will remain responsible for ensuring adequate collection, storage, and treatment of all stormwater
in the Prato District and will conduct annual testing to monitor water quality.
100% of the Development Area may be cleared and graded, and up to 85% of the land within the Development Area
served by each stormwater facility may be covered with impervious surfaces.
Segale Properties will prepare a Letter of Map Revision (LOMR) for the land currently included in the floodplain and
will comply with all current and future floodplain regulations.
9
•
Parcel
ay
•
(SLIDE 5 OF 5)
uilders may choose to "opt forward" and waive vesting and develop according to one or
more T C chapters in effect at time of filing a complete building permit application on a parcel -by -
parcel basis
rillia Road Connector or Alternative itigations based on traffic analysis
Confirms SEPA compliance for development contemplated in the
1
ispute resolution process
ajor Amendments subject to approval by City Council.
MinorAmendments approved by DCD Director.
A
The current schedule for Council:
▪ 11/10/2025
▪ 11/17/2025
Conduct public hearing
1
ecision
REVIEW
,/
,/
,/
,/
,/
Tonight's Purpose
Recent Council Action
Context
Proposed Terms of New Development Agreement
Next Steps
Public Hearing
Q&A and Discussion
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF TUKWILA, SEGALE
PROPERTIES LLC, MAS TUKWILA LLC, AND THEIR
SUCCESSORS AND ASSIGNS FOR THE PRATO DISTRICT
PROJECT (FORMERLY KNOWN AS THE TUKWILA SOUTH
PROJECT); PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Prato District Project comprises approximately 333 acres of real
property, and Segale Properties LLC, a Washington limited liability company, owns
approximately 329 of those acres and MAS TUKWILA LLC, a Washington limited liability
company, owns approximately 4 of those acres, which collectively is known as the "Prato
District Property"; and
WHEREAS, on June 8, 2009, the City of Tukwila passed Ordinance No. 2233, which
adopted the Development Agreement by and between the City of Tukwila and Segale
Properties LLC (formerly known as La Pianta LLC) (the "Original Agreement") regarding the
Tukwila South Project; and
WHEREAS, the Original Agreement was revised seven times, with the First, Third,
Fourth, and Fifth Amendments recorded at King County recording nos. 20100726001101,
20140624000980, 20250109000508, and 20250606000614, respectively, and two
Addenda recorded at King County recording nos. 20130228000691 and 20130228000692,
and the Second Amendment, dated November 20, 2012, which remains unrecorded; and
WHEREAS, the City of Tukwila owns real property operated as Fire Station 51, located
at 17951 Southcenter Parkway, Tukwila, Washington 98188 (King County parcel nos.
3523049008 & 3523049040 (shown as vacant)) within the Prato District Project area, which
Segale Properties dedicated to the City pursuant to Section 4.6.2 of the Original Agreement
and as further set forth in a Fire Facilities Agreement (Contract No. 14-065); and
WHEREAS, the effective date of the annexation of the Tukwila South Property to the
City of Tukwila was June 23, 2009, and the Term of the Original Agreement, as revised and
extended, which extension also applies to Section 5.2.3. of the Original Agreement, Scope
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2025 Legislation: Approving New Prato District Development Agreement
Version: 11//2025
Staff: N. Gierloff & D. Speck
Page 1 of 3
of Vesting, is set to expire on December 1, 2025, based on Ordinance No. 2761, passed on
June 2, 2025; and
WHEREAS, the City of Tukwila, Segale Properties LLC, and MAS TUKWILA, LLC now
seek to enter into a new development agreement, which must be approved by ordinance or
resolution after a public hearing, and pursuant to RCW 36.70B.200 and TMC 18.86.050, a
public hearing was held for this Ordinance on November 10, 2025; and
WHEREAS, the City Council finds that public benefits result from execution of this new
Development Agreement, including but not limited to: (a) providing certainty to encourage
the required substantial private investment in the planning and development of the Prato
District, (b) securing orderly master planned development for public services, infrastructure
improvements and facilities planning for the City, (c) encouraging development of private
park and open space amenities open to the public in the Prato District, (d) fulfilling and
implementing the City's Comprehensive Plan by encouraging both economic development
and additional residential development in the City, (e) construction of previously -planned
multiple 14-foot wide public trail connections, connecting Southcenter Parkway to the river
levee trail, (f) the creation of future private parks and amenity spaces within the new Prato
District, and (g) generating City revenues in the form of increased property tax base and
construction and sales tax generation as the lands are developed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings Adopted and New Development Agreement Approved. The
foregoing recitals are hereby adopted as the Council's legislative findings in support of
this Ordinance, and pursuant to RCW 36.70B.170 through .210 and chapter 18.86 TMC,
the new Development Agreement between the City of Tukwila, Segale Properties LLC,
MAS TUKWILA, LLC, and their successors and assigns, a copy of which is attached
hereto as "Exhibit A" and by this reference fully incorporated herein, is hereby approved
with a term extending through December 31, 2040.
Section 2. Recording Required. Pursuant to RCW 36.70B.190 and TMC 18.86.070,
the new Development Agreement, or a memorandum thereof, shall be recorded against
the Prato District as a covenant running with the land and shall be binding on the Parties
and their heirs, successors and assigns for the term of the new Development Agreement.
Segale shall record the new Development Agreement, and exhibits thereto, and shall pay
the King County recording fee.
Section 3. 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 4. 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
2025 Legislation: Approving New Prato District Development Agreement
Version: 11//2025
Staff: N. Gierloff & D. Speck
Page 2 of 3
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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 5. 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,
a Regular Meeting thereof this day of , 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Thomas McLeod, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Exhibit A — Development Agreement for the Prato District
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2025 Legislation: Approving New Prato District Development Agreement
Version: 11//2025
Staff: N. Gierloff & D. Speck
Page 3 of 3
DEVELOPMENT AGREEMENT FOR THE PRATO DISTRICT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into
this day of , 2025, by and among the CITY OF TUKWILA ("City"),
a non -charter, optional code Washington municipal corporation, SEGALE PROPERTIES
LLC, a Washington limited liability company ("Segale") and MAS TUKWILA LLC, a
Washington limited liability company ("MAS") (together, the "Parties").
RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of
development agreements between a local government and a person having ownership or
control of real property within its jurisdiction and between a local government and a person
owning real property outside its boundaries as part of a proposed annexation, pursuant to
RCW 36.70B.170 through RCW 36.70B.210.
WHEREAS, on June 10, 2009, the City and Segale (formerly known as La Pianta
LLC) entered a Development Agreement (the "Original Agreement") regarding the
Tukwila South project, then comprising approximately 512 acres of real property, and
recorded the Original Agreement at King County recording no. 20100726001100, and the
Original Agreement was revised five times, with the First and Third Amendments recorded
at King County recording nos. 20100726001101 and 20140624000980, and two Addenda
recorded at King County recording nos. 20130228000691 and 20130228000692, and the
Second Amendment, dated November 20, 2012, which remains unrecorded.
WHEREAS, the Original Agreement, as revised, is set to expire on December 1,
2025. Any lands included in the Original Agreement but omitted from this Agreement are
subject to the December 1, 2025 expiration date of the Original Agreement. The Parties
intend that this new Agreement supersede the Original Agreement.
WHEREAS, the real property subject to this new Agreement is shown on the
vicinity map attached hereto as Exhibit 1, and is legally described in Exhibit 2, and the real
property subject to this Agreement is known as the "Prato District."
WHEREAS, pursuant to the Original Agreement, many public benefits have been
provided to the City including annexation of 259 acres into the City of Tukwila, resulting
in City tax revenues from those lands, both before and after development, together with
many improvements and enhancements to the infrastructure needed to serve this
underutilized and underdeveloped area of the City, including (a) construction and
dedication of new South 184th Place, including a 60-foot wide right-of-way, with 2,000
linear feet of new improved three -lane roadway with utilities, (b) net dedication of 6.05
acres of land for Southcenter Parkway with an 83-foot wide right-of-way, (c) dedication of
5.6 acres of land for the City to construct a fire station, (d) contribution of $1.75 million
for construction of new fire station, and a $3 million interest -free advance payment of fire
impact fees through a Fire Facilities Agreement, (e) construction of a private regional
stormwater system that includes capacity and on -going maintenance to also serve City
streets of Southcenter Parkway, South 184th Place, and South 200th, at no cost to the City,
1
4917-1761-6759, v. 1
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(f) dedicated 2.2 miles of linear trail easements along the top of the Green River levee, and
(g) constructed 2,200 linear feet of riverward slope and levee to meet Corps of Engineers
safety standards from the cross -levee (located near South 196th) to South 204`h, and
widened the levee top to accommodate the City's 18-foot wide trail easement from the
cross levee to South 204`h
WHEREAS, pursuant to the Original Agreement, many public benefits have been
provided to the City including improvements to the natural environment, such as: (a)
construction of a hydraulic connection to Johnson Creek from the Green River, (b) creation
of the Green River Off -Channel Fish Habitat Area, and (c) utilization of the Sensitive Area
Master Plan approach to consolidate regional fisheries and wetlands functions and create
unencumbered development areas.
WHEREAS, as depicted on Exhibit 7B, the current Frager Road right-of-way is
fragmented into portions that do not precisely align with adjoining property boundaries.
Following the construction of Southcenter Parkway, the depicted right-of-way was initially
conveyed from the City to Segale. However, to maintain access to other property owners,
the City requested that Segale re -dedicate the Frager Road right-of-way to the City,
together with the additional re -aligned right-of-way striped with hashmarks on Exhibit 7B.
This history is relevant to the terms of Section 4.4 below.
WHEREAS, pursuant to the Original Agreement, the City extended and relocated
Southcenter Parkway from South 180th Street to South 200th Street, vacated Frager Road,
transferred ownership of the City Detention Pond, approved zoning to enable up to 10.3
million square feet of new development, provided development certainty by vesting the
Tukwila South project to the development regulations for the term of the Original
Agreement and its extensions, and constructed a new fire station.
WHEREAS, development of the Prato District under this Agreement assures
additional public benefits will be provided to the City, including: (a) meeting objectives of
the City's Comprehensive Plan by encouraging both economic development and additional
residential development in the City, (b) construction of previously planned multiple 14-foot
wide public trail connections, connecting Southcenter Parkway to the river levee trail, (c)
the creation of future private parks and amenity spaces within the new Prato District, and
(d) generating City revenues in the form of increased property tax base and construction
and sales tax generation as the lands are developed.
WHEREAS, the City Council therefore finds public benefit results from execution
of this Agreement, including (a) providing certainty to encourage the required substantial
private investment in the planning and development of the Prato District, (b) securing
orderly master planned development for public services, infrastructure improvements and
facilities planning for the City, (c) encouraging development of private park and open space
amenities open to the public in the Prato District, and (d) fulfilling and implementing the
City's Comprehensive Plan.
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WHEREAS, the Prato District is a master planned project for which site grading is
ongoing, and most utility installation, including installation of regional stormwater
facilities, sewer and water, has already occurred. Site construction was initiated in 2010.
WHEREAS, a final plat creating 3 lots and 14 future development tracts was
approved and recorded at King County recording no. 20180823000390, and this plat
reflects the development and non -development areas associated with protected Native
Growth Protection Areas ("NGPA") depicted on the Sensitive/Critical Areas and
Development and Non -Development Area map of the Prato District found at Exhibit 3.
WHEREAS, a new preliminary plat was filed under L24-0144 and approved on
March 31, 2025, showing a total of 63 lots within future development tracts within the
Prato District.
WHEREAS, Segale intends to develop the Prato District generally consistent with
the Tukwila South Master Plan ("Master Plan"). The Master Plan is a conceptual plan,
and not a regulatory document, which envisions the creation of a major new employment
and housing base. The Master Plan calls for approximately ten million square feet of
development that would be accommodated in a combination of campus style research and
office environments with a mix of other uses such as retail, residential, commercial, hotel
and flex tech. As explained in the Master Plan, "[t]his buildout range and assumed mix of
uses within the planning areas should be considered conceptual; ultimately, market forces
will determine the specific level of development and the mix of uses over the long term.
The potential locations of the various categories of uses shown within the plans on the
following pages are also conceptual and will be determined by market forces." The Master
Plan is attached as Exhibit 4 to this Agreement and incorporated by this reference.
Applicable regulations also control the buildout of the Prato District, including the list of
allowed land uses referenced at TMC 18.41.020.
WHEREAS, Segale's goals for the Prato District, to be implemented through this
Agreement, are for a return on investment, quality public infrastructure and services,
certainty regarding the costs, and flexibility in how and when it develops. The City's goals
in the development of the Prato District include implementing its Comprehensive Plan,
producing positive economic impacts to the City and promoting environmental quality,
mitigating financial risk for City funds, and mitigation of project impacts.
WHEREAS, a development agreement must be approved by ordinance or
resolution after a public hearing.
WHEREAS, State Environmental Policy Act ("SEPA") review of the Tukwila
South project was extensive and culminated in a Final Environmental Impact Statement,
dated July 2005 ("FEIS"), that incorporated a comprehensive Draft Environmental Impact
Statement, dated April 2005 ("DEIS") and was followed by two addenda under permit
E04-015. The City issued an additional SEPA Addendum (based on a 2040 Horizon
Analysis completed by Segale), dated October 6, 2025, to analyze any changed conditions
and extend the environmental review through the term of this Agreement.
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WHEREAS, a public hearing for this Agreement was held on
and the City Council approved this Agreement by Ordinance No.
, 2025.
on
, 2025,
WHEREAS, this Agreement constitutes a final land use action pursuant to RCW
36.70C.020 and is subject to review pursuant to RCW 36.70C.005 et seq.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and
the long-term benefit to both the City and Segale, the Parties hereby agree as follows:
II. AGREEMENT
1. Project Description.
The development in the Prato District will follow the terms and conditions of this
Agreement as well as other applicable development regulations.
2. Planning and Permit Approvals.
2.1 Comprehensive Plan Designation and Zoning. The Prato District lands are
within a subarea within the Land Use element of the City's 2024 Comprehensive Land Use
Plan, as amended ("Comprehensive Plan").
(a) The City's Comprehensive Plan includes a description of the
Tukwila South Overlay district which modifies some areas designated as TVS, HI, LDR,
and MUO. There is a matching Tukwila South Overlay in the City's Municipal Code with
similar underlying zoning classifications.
(b) The Parties acknowledge the overlay combined with underlying
zoning has created confusion.
(c) The Parties agree that Segale along with the other affected property
owners may apply for Zoning and Comprehensive Plan map amendments per the
procedures in TMC 18.84 that would eliminate all underlying zoning classifications within
the Prato District, and all code cross-references to those underlying zones so as to clarify
that the Tukwila South Overlay is a stand-alone zoning classification. The Parties agree
that the applicable zoning and development standards for the Prato District lands are
currently controlled by the Tukwila South Overlay code, Chapter 18.41 Tukwila Municipal
Code (see, Vested Development Regulations below), as an independent zoning
classification, meaning that any remaining underlying zoning classifications have no effect.
2.2 Sensitive Areas Master Plan. The Department of Ecology ("DOE") issued
a Section 401 water quality certification for the Tukwila South Property (Certification
Order No. 2877, dated November 7, 2005) (the "401 Certification"). The City approved
a Sensitive Areas Master Plan ("SAMP") for the Tukwila South property on December 29,
2010, under permit L10-014. The SAMP allowed filling wetlands and piping streams to
create more contiguous developable area in exchange for a series of mitigation actions. As
described in the Memorandum accompanying the SEPA Addendum (2040 Horizon
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Analysis), almost all of these mitigations have been completed and their monitoring periods
have ended, with minor additional work required in the future. The Parties agree that
development of the Prato District is vested to the SAMP, as detailed in Section 5.2 below.
Consistent with the vested SAMP and Code, the vested and final critical area buffer widths
are further depicted on Exhibit 3 to this Agreement.
2.3 Land Use and Construction Permit Process. Land use and construction
permits for development within the Prato District ("Implementing Approval(s)") shall
follow the application and processing requirements in effect on the date of complete
application, and all Implementing Approval applications will be vested to the substantive
standards described in Section 5.2. Applications for Implementing Approvals shall be
made on specific parcels of land within the Prato District ("Development Parcels"). All
fees not specifically addressed in this Agreement will be paid at the time of permit
application or when otherwise due, and in the amounts in effect on the date of application
or when otherwise due. It is anticipated that Implementing Approvals will be sought by a
prospective or new owner or lessee of all or a portion of the Prato District or a successor
or assign of an owner or lessee, who develops and/or occupies a Development Parcel, or
develops and/or occupies buildings thereon as part of the Prato District build out ("Parcel
Builders"), provided, however, that building tenants are not Parcel Builders.
3. Allowable Development and Measurement of Development Limits.
3.1 Maximum Allowable Development limited by trip ceiling. Except as
otherwise provided herein, the maximum allowable development in the Prato District shall
be limited to a maximum of 10,166 Net New Trips from onsite development (the
"Allowable Development").
(a) The "Trip Ceiling" of 10,166 Net New Trips comprises not more
than 2,646 Net New Trips inbound to the Prato District and not more than 7,520 Net New
Trips outbound from the Prato District.
(b) "Net New Trips" shall be estimated using p.m. peak hour vehicle
trips (inbound and outbound) at the perimeter of the Prato District lands, meaning that
internal trips shall not count against the Trip Ceiling.
(c) Transportation impact fees shall apply only to the Net New Trips
allocated to the proposed new development. In the event new development within the Prato
District is proposed which exceeds the Trip Ceiling, that new development shall be subject
to mitigation and concurrency requirements applicable at the time of application.
(d) The 10,166 Net New Trips will be counted for both Segale and MAS
(as to its lands) hereunder for the Term of this Agreement.
(e) As described in the Tukwila South EIS, the existing development
generated a total of 1,241 p.m. peak hour vehicle trips (298 trips inbound and 943 trips
outbound) ("Existing Development Trips"). Existing Development Trips shall not count
against the Trip Ceiling. Existing Development Trips may be used as a credit against trip
generation from new development to the extent existing uses are permanently discontinued
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and/or existing structures are removed ("Credit Trips"). The Existing Development Trips
are detailed in Exhibit 5. Segale may allocate available Credit Trips to the proposed new
individual development, as development occurs, and will use Exhibit 6, described in
Section 5.2 to track the use of Credit Trips.
3.2 Maximum Allowable Development is limited by Building Floor Area.
Except as otherwise provided herein, the maximum allowable development in the Prato
District shall be limited to a maximum development (including any mix of buildings and
permitted uses) of 10.3 million square feet of new building floor area.
(a) For the purposes of determining the floor area of the Allowable
Development, new "Building Floor Area" shall include new floor area generating vehicle
trips, but shall not include floor area that does not generate vehicle trips, such as parking
areas and mechanical space.
3.3 Maximum Allowable Development is limited by Impervious Surfaces. No
more than 85% of the drainage basins served by each stormwater facility may be covered
with impervious surfaces. All applications for Implementing Approvals within the Prato
District shall include disclosure of the percentage of land covered by impervious surfaces.
Following approval of the application, Segale will update the Impervious Surfaces
Tracking Spreadsheet found in Exhibit 10. The Impervious Surfaces Tracking Spreadsheet
shall be filed with every new application for new or re -development.
3.4 Expansion Areas. Parcels commonly known as Gaco-Mitchell have been
evaluated for development together with the Prato District and are possible "Expansion
Areas" and are described on Exhibit 7A. In the event that these Expansion Areas are
acquired by Segale, Segale will provide notice to the City and seek to amend this
Agreement to add the Expansion Areas to the terms of this Agreement.
4. Parties' Obligations Under this Agreement.
The Original Agreement established certain roles and responsibilities for the
development of the Prato District, including, but not limited to, City commitments for
partial funding and construction of certain public infrastructure improvements, and
Segale's commitments to participate in the funding of certain public improvements. Much
of this work has been completed. The work remaining is listed below.
4.1 Sanitary Sewer System. As outlined in the Tukwila South EIS, additional
sewer capacity may be required to serve the Prato District, as the project develops. Sewer
Lift Station #2 may need to be upgraded to create sufficient pumping capacity; and the
force sewer main along Andover Park West from Minkler Ave to Strander Blvd (the
"Force Sewer Main") may need to be upgraded to provide sufficient capacity to carry the
additional flows generated by the Prato District. If at any time during the Term (as defined
below in Section 9.13) of this Agreement, a capacity analysis of the system shows that any
of the Sewer Lift Station #2, the Force Sewer Main, or any other facility within the City's
sanitary sewer system necessary to provide service to the Prato District (each a "Facility")
is at 80% or more of its capacity, then the City shall promptly initiate its standard process
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to consider planning, financing and construction for improvement to the Facility (or more
than one) necessary to provide adequate sanitary sewer service to accommodate the
Allowable Development. The City will finance the construction of the Facility through
bonds or any other source of City capital funding and/or through connection fees, sewer
rates or other charges to be paid by all the benefited ratepayers. If the City elects to form
a Utility Local Improvement District ("ULID") or other special district to pay for any
Facility, then Segale and MAS shall execute a No Protest ULID Agreement for the
formation of an ULID to provide said improvements to the City's sanitary sewer system as
outlined herein. The No Protest ULID Agreement shall be in a form acceptable to the City.
Segale, MAS, and other affected Parcel Builders on Prato District lands shall be responsible
for paying citywide sewer system connection charges and fees at the time of each building
permit application, subject to the terms of any applicable No Protest ULID Agreement, as
described herein, and their participation in any ULID or special district assessment.
Construction of the initial Southcenter Parkway sewer line serving the Prato District
was included in the cost of the Southcenter Parkway project. Segale or Parcel Builders on
Prato District lands shall pay sewer connection fees based on TMC 14.19. As required by
Code, notice of sewer availability and connection requirements shall be placed on titles of
properties within the Prato District; and Segale or a Parcel Builder will be required to pay
any recording fees to the City prior to the City's recording. Other charges may be required
under separate laws, e.g., the King County sewage treatment capacity charges.
4.2 Public Access and Open Space and Trails. Restating and adding to
requirements from the Original Agreement, open space and trail amenities will be provided
as follows.
(a) Segale has granted the City an easement for a publicly accessible
north -south trail system from S. 180`h Street to S. 204`h Street, located along the Green
River within the crown of the levee. Segale shall not be responsible for costs of
construction or maintenance of any improvements within the trail easement. It is possible
that a third party, such as the local flood control district, will acquire this existing levee
with the City easement and other lands, and construct a levee layback project that may
change the location of the existing levee. In the event that the levee layback project is
pursued, Segale and the City agree to coordinate and cooperate with one another as to the
project location, design and related matters. Segale's end goal is to ensure the Prato District
integrates with adjoining lands and infrastructure and facilities to best assure an attractive
and successful project, and Segale wants to ensure it is provided just compensation for any
lands taken for the levee project. The City's end goal is to obtain a new trail easement
within the crown of any new levee location at no charge to the City to allow for the publicly
accessible north -south trail system described herein. In the event that the levee is
reconstructed, and applicable agencies permit a pedestrian trail to be located on the new
levee location and Segale controls the lands of the new levee location, then, the Parties
shall revise the trail easement to ensure the publicly accessible north -south trail system
follows the crown of the new levee configuration.
(b) Development projects within the Prato District are required to
provide a total of six 14-foot wide publicly accessible pedestrian corridors and connections
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from the bike/pedestrian trail described above through the Prato District, in locations
approved by Segale and City, to off -site pedestrian trails and City rights -of -way. Two of
the six pedestrian corridor locations are to be located north and south of the right-of-
way/frontage of South 200`h Street. The remaining four pedestrian locations will be sited
and constructed as individual sites are developed. The Original Agreement included two
additional trail locations (for a total of eight), which two were to be located at South 180th
Street and Segale Park Drive C, which are associated with redevelopment of lands that are
not included in this Agreement.
4.3 Grading Permit. In accordance with the terms of the Original Agreement,
the City reviewed and issued a clearing and grading permit PW10-064.
(a) Grading permit PW 10-064 remains active as of the date of execution
of this Agreement. The Grading permit PW 10-064 will remain in effect subject to meeting
all City requirements, including regular inspections documenting progress toward
completion of the scope of work and will function as a master grading permit ("Master
Grading Permit"), including, but not limited to, work to prepare building sites, such as
when pre -loading of a building site is necessary. Segale will develop a Master Grading
Permit tracking spreadsheet and map, tracking all work completed and lands covered by
the Master Grading Permit.
(b) Parcel Builders will obtain Implementing Approvals for
development, tied to lots newly created by phased recording of final plats. Following
recording of any final platted lot(s) related to a Parcel Builder's project(s), Segale will
provide the City an updated Master Grading Permit tracking spreadsheet and map
removing the newly created lot(s) from coverage under the Master Grading Permit.
(c) Nothing about the timing for updates to the Master Grading Permit
tracking spreadsheet and map restricts the time at which a Parcel Builder may submit its
applications for Implementing Approvals.
4.4 Vacation of Remaining Portion of Frager Road/Southcenter Parkway. In
the event Segale acquires the Expansion Areas, the City shall vacate and convey to Segale
the area described in the attached Exhibit 7B, which is a portion of Frager
Road/Southcenter Parkway. The vacation shall be at no cost to Segale, in recognition of
the consideration set forth in this Agreement and the value associated with Segale's
dedication of a portion of Southcenter Parkway.
4.5 MAS Tukwila Parcel. MAS owns an approximately four -acre parcel,
abutting Orillia Road and S 204`h Street, King County Tax Parcel no. 0322049062. The
MAS parcel is within the Prato District, such that development of the MAS lands is subject
to this Agreement. MAS's rights and obligations under this Agreement match those of
other Parcel Builders, except as expressly stated herein.
4.6 Periodic Reports. Every five years, Segale agrees to prepare and submit to
the Mayor for review a report that summarizes the progress in implementing this
Agreement, including:
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(a) The amount of development that has occurred as compared to the
Development Limits described in Section 3, and including the number of housing units,
and square feet of commercial uses;
(b) Community benefits provided and a summary of future planned
(c) The trip tracking spreadsheet, compared to the total number of trips
(d) The Impervious Surfaces Tracking Spreadsheet, compared to the
total impervious surfaces allowed; and
(e) Stormwater Monitoring Results based on annual data collection as
set forth in Exhibit 11.
development;
allowed;
5. Development Standards.
The Prato District will be developed under the jurisdiction of the City pursuant to
the terms and conditions of this Agreement. This Agreement sets forth the development
standards, mitigation measures, and other conditions of development.
5.1 Native Growth Protection Areas (NGPA). No development shall be
permitted to occur in a Native Growth Protection Area except City -approved trails, the
Orillia Road Connector and utilities (including, but not limited to, electrical transmission
lines, water and sewer system lines), and access roads for levee maintenance. NGPAs shall
be left permanently in an undisturbed vegetated state and shall not be cleared or improved
except as necessary to (1) prune or remove dead or diseased trees, (2) remove invasive or
exotic vegetation, (3) prune or remove trees or other vegetation presenting a threat to life
or safety or growing over roadways, levees, drainage ditches, trails, or other corridors that
must be kept clear, (4) maintain mitigation areas, or (5) permit the work expressly
described in this Section 5.1. For the purposes of this Agreement, the NGPAs are identified
in Exhibit 3 attached hereto.
5.2 Vesting of Development Regulations. Development of the Prato District is
vested to the Tukwila Municipal Code ("TMC") development regulations and standards
denoted in Exhibit 8 and in effect on the date of mutual execution of this Agreement
through the term of this Agreement at Section 9.13 ("Vested Development Regulations").
Development of the Prato District shall not be subject to any amendments to, or
replacements of, the Vested Development Regulations. The following is a summary list of
the TMC Chapters containing in whole or in part the Vested Development Regulations that
are set forth in detail in Exhibit 8:
(a) TMC Chapter 9.50 (Concurrency Management)
(b) TMC Chapter 14.19 (Sewer Connections — Preliminary Plat of
Tukwila South)
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(c) TMC Chapter 14.30 (Surface Water Management)
(d) TMC Chapter 17.08 (Boundary Line Adjustments and Lot
Consolidations)
(e) TMC Chapter 17.12 (Detailed Procedures for Short Subdivisions)
(f) TMC Chapter 17.14 (Detailed Procedures for Long Subdivisions)
(g) TMC Chapter 17.16 (Detailed Procedures for Binding Site
Improvement Plans (BSIPs))
(h) TMC Chapter 17.20 (Design and Improvement Standards for the
Subdivision of Land)
TMC Chapter 17.24 (Procedures for Public Improvements)
TMC Chapter 18.02 (Title)
TMC Chapter 18.04 (General Provisions)
TMC Chapter 18.06 (Definitions)
TMC Chapter 18.08 (Districts Established — Map)
TMC Chapter 18.09 (Land Uses Allowed by District)
TMC Chapter 18.41 (Tukwila South Overlay District)
TMC Chapter 18.44 (Shoreline Overlay)
TMC Chapter 18.45 (Environmentally Critical Areas)
TMC Chapter 18.50 (Supplemental Development Standards)
TMC Chapter 18.52 (Landscape Requirements)
TMC Chapter 18.56 (Off-street Parking and Loading Regulations)
TMC Chapter 18.58 (Wireless Communication Facilities)
TMC Chapter 18.60 (Design Review)
TMC Chapter 18.64 (Conditional Use Permits)
TMC Chapter 18.66 (Unclassified Use Permits)
TMC Chapter 18.70 (Nonconforming Lots, Structures and Uses)
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(z) TMC Chapter 18.72 (Variances)
(aa) TMC Chapter 18.80 (Amendments to the Comprehensive Plan)
(bb) TMC Chapter 18.82 (Amendments to Development Regulations)
(cc) TMC Chapter 18.84 (Amendments to the Zoning and
Comprehensive Plan Maps)
(dd) TMC Chapter 18.86 (Development Agreements)
(ee) TMC Title 18, Figure 1 (Shoreline Use Matrix)
(ff) TMC Title 18, Figure 4 (Location and Measurement, Yards on Lots)
(gg) TMC Title 18, Figure 6 (Off -Street Parking Area Dimensions)
(hh) TMC Title 18, Figure 7 (Required Number of Parking Spaces for
Automobiles and Bicycles)
TMC Title 18, Figure 8 (Parking for the Handicapped)
TMC Chapter 21.04 (State Environmental Policy Act)
City of Tukwila Infrastructure Design and Construction Standards
(2025)
5.2.1 Modifications to Vested Development Regulations. A complete
copy of the Vested Development Regulations is included as Exhibit 8. The following
additional development standards and requirements modify certain elements of the Vested
Development Regulations.
5.2.1.1 Stormwater Modifications. The regional stormwater
facilities and conveyance systems have been sized and installed to accommodate the
stormwater drainage from all future development in Prato District and other lands, as
described in the City -approved Technical Information Report for Tukwila South Master
Stormwater Infrastructure Plan (Goldsmith, May 2010, as revised) and the Tukwila South
401 Certification.
(a) Already Constructed Facilities. Pursuant to the
Original Agreement, all of the following have already been constructed: (a) the primary
trunk storm drain within Southcenter Parkway from S. 180`h Street to S. 200`h Street (the
"Trunk Storm Drain"), (b) a detention/water quality facility for the North Basin ("North
Facility") which outflows into the City's S. 180`h Street Pump station (P-15), to route
stormwater either to the Green River or into the King County P-17 Pump Station, and (c)
a detention/water quality facility for the South Basin ("South Facility") which outflows
into the Green River, with emergency overflow to Johnson Creek. The City agrees that the
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Trunk Storm Drain and the North and South Facilities are vested to the regulations in place
at the time of construction and are currently functioning as designed.
Segale agrees to provide within six months of the effective date of this
Agreement a Covenant for Operations and Maintenance of the stormwater facilities to
include the following terms:
(i) permission for the City to access the future
flow control valve between the North detention pond and the City's pump station,
and to access the existing North and South stormwater facilities;
(ii) a requirement for reasonable notice from the
City to Segale before exercising the City's right of access to the flow control valve
or the stormwater facilities;
(iii) permission for the City to use the flow control
valve to shut off the flow from the North detention pond to the City's 180th Street
pump station such as if (examples only):
(1) a shutdown is ordered by the Corps of
Engineers or the King County Flood Control District due to flood conditions
in the Green River, or
(2) the City needs to take the P-15 pump
station offline for scheduled improvements, major repairs, or unscheduled
emergencies and waters from the North detention pond cannot be diverted
to the P-17 pump station;
(iv) authorization for the City to inspect the
Segale stormwater facilities to ensure compliance with its NPDES permit and the
applicable monitoring provisions for those facilities.
(b) Extra -Territorial Lands. The Parties acknowledge
that the North and South Facilities and stormwater facilities within City streets leading to
those ponds were also sized to convey stormwater from certain lands outside the City of
Tukwila and stormwater facilities within City streets leading to such ponds were also sized
to convey stormwater from these extra -territorial lands to the pond. Any future
development located on those lands will be subject to drainage review following any
applicable requirements of the permitting jurisdictions with authority over those lands.
(c) Future Stormwater Facilities. The Parties
acknowledge that new applications for Implementing Approvals in the Prato District will
be evaluated for, and shall be required to provide, On -Site Flow Control Best Management
Practices pursuant to the Stormwater Manual Core Requirement #9. In addition, the Parties
acknowledge that new development permit applications in the Prato District will be
evaluated for, and will be required to provide, water quality controls during construction,
such as temporary erosion and sedimentation control plans. New development also will
provide parcel storm drains for collection and conveyance of runoff from individual
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Development Parcels to the already constructed facilities. Segale will remain responsible
for ensuring adequate collection, storage, and treatment of all stormwater in the Prato
District.
Additionally, Segale agrees to install equipment between the North detention pond and the
City's 180th Street pump station to allow for flow control and monitoring of discharge
quantities.
5.2.1.2 Transportation Concurrency Modifications. All
applications for Implementing Approvals within the Prato District that are below the Trip
Ceiling will be considered exempt from the road transportation concurrency test required
in TMC 9.50.030 and shall instead submit a Trip Generation Report as part of the project
application materials submitted for review by the City. Following approval of the
application, Segale will use the Trip Generation Report to update the trip tracking
spreadsheet found in Exhibit 6 to determine the cumulative Net New Trips and calculate
traffic impact fees. A Trip Generation Report and updated trip tracking spreadsheet shall
be filed with every new application for new or re -development.
5.2.1.3 Clearing and Grading Design Standard Modifications. The
following exceptions to otherwise applicable ordinances shall apply to the Prato District
during the Term of this Agreement:
(a) A significant tree survey and tree replacement plan
are not required within Development Parcels.
(b) Slope grading - Slope stability and slope grading
limitations shall be evaluated within site development areas based on geotechnical
evaluation and applicable codes.
(c) A vegetative restoration plan is not required except
for the wetland mitigation portions of the NGPAs.
(d) Permanent NGPA signs are required.
5.2.1.4 Clearing, Grading and Impervious Area Limitation
Allowance/Modification. The Parties agree that 100% of the Development Area, shown
on Exhibit 3, may be cleared and graded, and within that Development Area, up to 85% of
the land served by each stormwater facility may be covered with impervious surfaces. The
land area of the Expansion Areas is included in this Section 5.2.1.4.
5.2.1.5 Floodplain Development Review. Development in any
areas of the Prato District lying within a 100-year floodplain, as designated by the Federal
Emergency Management Agency ("FEMA"), shall be subject to all laws and regulations
governing development within such FEMA-designated 100-year floodplains that are in
effect at the time of a complete development application (the "Floodplain Regulations").
(a) Within 12 months of the effective date of this
Agreement, Segale will prepare for review by the City a Letter of Map Revision
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("LOMR"). The City shall forward the LOMR to FEMA for review and when the LOMR
is approved by FEMA, future building applications will not be subject to the Floodplain
Regulations.
(b) Applications received prior to the approval of the
LOMR will be reviewed against the current approved flood map and required to comply
with current Floodplain Regulations as set forth above. The City's floodplain review will
utilize the biological evaluation already conducted for the La Pianta Business Campus
Development Project and the conclusions provided by the relevant federal agencies
between 2005 and 2010.
5.2.2 No Vesting to Process or Procedural Codes. When a different
process or procedure is set in this Agreement, for example the processes to be followed for
SEPA and for transportation concurrency, the new process or procedure controls. As to all
other processes, the Vested Development Regulations as compiled in Exhibit 8 do not
include vesting to procedural regulations, such as the decisionmaker for a permit, appeal
procedures, procedures to obtain permit extensions and similar matters, and processes shall
follow then -current codes. The Tukwila Community Development Director or designee
shall be the final decisionmaker for the applicability of City codes and processes to future
permit applications.
5.2.3 Impact Fees. Nothing in this Agreement shall preclude the City
from assessing duly enacted impact fees at the time of any building permit issuance for any
building permit within the Prato District.
5.2.4 Police Power/Pre-emption. Nothing herein relieves Segale of any
obligations it may have during the Term to comply with state or federal laws or regulations
of any kind. The proposed development shall not be vested against the application of
development standards that are imposed by virtue of state or federal pre-emption of the
City's regulatory authority. As provided by RCW 36.70B.170(4), the City reserves the
authority to impose new or different regulations to the extent required by a serious threat
to public health and safety.
5.2.5 Building Codes. The International Building Code, International Fire
Code, and other construction codes in effect in the State of Washington and adopted by the
City as of the date of the filing of a complete application for a building permit shall apply
to all new development and the redevelopment or modification of existing development.
5.2.6 Opting Forward. During the Term of this Agreement, and subject
to Segale's approval, Parcel Builders may choose to waive vesting and develop in
accordance with one or more Tukwila Municipal Code chapters in effect at the time of
filing of a complete permit application on a parcel -by -parcel basis. In the event a Parcel
Builder chooses to waive vesting, the Parcel Builder shall inform the City at the time of
application, and provide proof of Segale's approval to allow the waiver of vesting.
4917-1761-6759, v. 1
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5.3 Transportation Improvements.
5.3.1 Construction of Orillia Road Connector. As described in the SEPA
Addendum and accompanying documentation, there are no changes to the transportation
mitigation required under the Original Agreement. That mitigation includes a trigger for
Segale to construct, at its own expense, a new, up to four -lane, arterial connector between
Orillia Road S. and Southcenter Parkway Extension ("Orillia Road Connector"). That
trigger calls for Segale to complete construction of the Orillia Road Connector within 6
years following the time 7500 Net New Trips are generated by the Prato District
development (the "Orillia Road Completion Date"). Segale shall, at its own cost, obtain
all state, federal, and local permits and approvals required for the Orillia Road Connector.
Subject to applicable laws and ordinances and the terms and conditions of this
Development Agreement, the City agrees to cooperate with Segale in obtaining such
permits and approvals. A diagram of the Orillia Road improvement is attached hereto as
Exhibit 9.
If the Orillia Road Connector required hereunder cannot be constructed within the
time frame set out herein, then, if Segale desires to continue with new development absent
the construction of this improvement, Segale may, as an alternative to construction of the
Orillia Road Connector, propose to (i) reduce or defer the amount of development proposed
in the Prato District; (ii) implement Transportation Demand Management (TDM)
strategies; and/or (iii) construct other transportation system improvements ("Alternative
Mitigation"). The City may approve such Alternative Mitigation if, with such Alternative
Mitigation in place, the project passes a test under the City's transportation concurrency
management system, applying the requirements of TMC 9.48 and TMC 9.50. Provided
that under no circumstance can implementing Alternative Mitigation measures allow the
construction of more than 10.3 million square feet of new Building Floor Area.
6. SEPA Compliance.
6.1 Prior SEPA Documents. Development within the Prato District as
contemplated in this Agreement has been addressed and analyzed in prior environmental
documents and current SEPA documents, including, but not limited to, environmental
impact documents prepared for Tukwila's Comprehensive Plan, the Tukwila South
Environmental Impact Statement including the "2040 Horizon Analysis" and a SEPA
Addendum (collectively, the "SEPA Documents"). The SEPA Documents shall constitute
compliance to the fullest extent possible under SEPA for all Implementing Approvals
through 2040.
6.2 Further SEPA Review Required. The City may require additional SEPA
review when:
(a) an Implementing Approval or requested modification materially
exceeds the Project Envelope (hereinafter defined) and the Vested Development
Regulations.
15
4917-1761-6759, v. 1
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(b) the City concludes (pursuant to SEPA, SEPA Rules, and City SEPA
regulations) that substantial changes have been made to the Prato District so that, as
mitigated, it is likely to have significant adverse impacts not previously analyzed in the
SEPA Documents and which impacts cannot be mitigated below a level of significance by
applicable local, state or federal regulations.
(c) the City concludes (pursuant to SEPA, SEPA Rules, and City SEPA
regulations) that there is new information indicating probable significant adverse
environmental impacts of the Prato District not previously analyzed in the SEPA
Documents that cannot be mitigated below a level of significance by applicable local, state
or federal regulations.
For purposes of this Agreement, "Project Envelope" means the level and range of
development (including maximum structure height, floor area, bulk and use) analyzed
within the preferred alternative reviewed in the Tukwila South EIS and any subsequent
addenda or SEPA Documents. The Project Envelope includes all of the physical aspects
of a general development plan, individual project, or other on -site or off -site physical
improvements as disclosed and analyzed in the Tukwila South EIS. As used herein,
materially exceeds means the proposal, as mitigated, is likely to have significant adverse
impacts not previously analyzed in the SEPA Documents or any other SEPA environmental
document prepared for property within the Prato District area, and which impacts cannot
be mitigated below a level of significance by applicable local, state or federal regulations.
6.3 Written Notice. If the City determines at any time during the Term that it
intends to require additional SEPA review for any Implementing Approval, the City shall
give Segale written notice thereof and provide Segale an opportunity to modify the
Implementing Approval application so as to render such additional SEPA review
unnecessary.
7. Dispute Resolution Process.
7.1 The parties shall use their best efforts to resolve disputes arising out of or
related to this Agreement using good faith negotiations by engaging in the following
dispute escalation process should any such disputes arise:
(a) Level One. Segale's project manager and a City staff or agency
member appropriate to the nature of the dispute (selected from among the City's
Development Supervisor, Building Official, PSRFA Fire Marshal or City Engineer, or a
designee identified by the Administration) shall meet to discuss and attempt to resolve the
dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar
days after referral of that dispute to Level One, either party may refer the dispute to Level
Two.
(b) Level Two. Segale's principal and the City's Community
Development Director or Public Works Director (or a designee of either of the foregoing
identified by the Administration) shall meet to discuss and attempt to resolve the dispute,
4917-1761-6759, v. 1
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16
in a timely manner. If they cannot resolve the dispute within fourteen (14) business days
after referral of that dispute to Level Two, either party may refer the dispute to Level Three.
(c) Level Three. Segale's principal (or designee) and the Mayor and
the City Administrator (or the City Administrator's designee) shall meet to discuss and
attempt to resolve the dispute in a timely manner. Counsel for the parties shall be permitted
to attend Level Three meetings.
(d) Level Four. In the event the dispute is not resolved at Level Three
within fourteen (14) calendar days after referral of that dispute to Level Three, Segale or
the City may refer the dispute to mediation, with a mediator acceptable to the other party,
or if the parties cannot agree upon a mediator, shall request a mutually acceptable dispute
resolution provider to appoint a mediator to assist. Segale and the City shall share equally
the compensation, costs, and expenses of the mediator, but each shall be responsible for
their own fees and expenses of its own witnesses, exhibits, and counsel. The parties to
mediation shall sign an agreement to mediate, which agreement will include a limitation
on the admissibility in any future arbitration or court action of anything said, any admission
made, and any documents prepared in the course of the mediation. Any settlement reached
through mediation shall be documented in writing and signed by the parties. If the parties
to the mediation do not reach a settlement within thirty (30) days after submission of the
matter to the mediator, then the mediator shall issue a notice of termination of the mediation
explaining that the parties were unable to reach agreement.
7.2 Except as otherwise specified in this Agreement, in the event the dispute is
not resolved at Level Four within thirty (30) calendar days after referral of that dispute to
Level Four, either party may refer the dispute to binding arbitration, as set forth herein. At
all times prior to resolution of the dispute, the parties shall continue to perform under this
Agreement in the same manner and under the same terms as existed prior to the dispute.
7.3 In the event that a dispute is referred to binding arbitration, the parties agree
to the following procedure:
(a) Binding arbitration between the parties pursuant to this Section shall
be governed by the rules and procedures set forth in this Section.
(b) Within seven (7) calendar days of the date the dispute is referred to
binding arbitration, each party shall provide the other party with the names of three neutral
arbitrators having significant experience in the subject matter of the dispute and in
arbitrating disputes. The parties will thereafter attempt in good faith to select an arbitrator
from this panel of six candidates.
(c) If the parties to the dispute are unable to agree upon a single
arbitrator within twenty-eight (28) calendar days of the date the dispute is referred to
binding arbitration, then each party shall designate one arbitrator from its panel of three,
the two arbitrators selected in that manner will choose a third arbitrator from among the
remaining panel members, and this third arbitrator so selected would act as the single
arbitrator for the dispute.
17
4917-1761-6759, v. 1
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(d) Upon selection of the arbitrator, said arbitrator shall determine the
question(s) raised within fourteen (14) calendar days, unless a different period of time is
otherwise agreed upon by the parties in writing, provided that issues of arbitrability may
not be decided by the arbitrator. Said arbitrator shall then give both parties reasonable
notice of the time (which time shall be within thirty (30) calendar days of the arbitrator's
determination of the questions raised, unless a different period of time is otherwise agreed
upon by the parties), and place of hearing evidence and argument; take such evidence as
the arbitrator deems relevant, with witnesses required to be sworn; and hear arguments of
counsel or others.
(e) After consideration of all evidence, testimony and arguments, said
single arbitrator shall, within thirty (30) days of completion of the hearing, promptly state
such decision or award in writing. Said decision or award shall be final, binding, and
conclusive on all parties to the arbitration when delivered to them, except as provided in
Subsection 7.3(h). Until the arbitrator issues the first decision or award upon any question
submitted for the arbitration, performance under the Agreement shall continue in the
manner and form existing prior to the rise of such question. After delivery of said first
decision or award, each party shall forthwith comply with said first decision or award
immediately after receiving it.
(f) Segale and the City shall share equally the compensation, costs, and
expenses of the arbitrators, but each shall be responsible for their own fees and expenses
of its own witnesses, exhibits, and counsel. Segale and the City shall pay the compensation,
costs and expenses of the single arbitrator or the additional arbitrator in the board of
arbitrators in equal shares.
(g) The arbitrator shall have the authority to enter awards of equitable
remedies consistent with the obligations of the City and Segale under this Agreement.
(h) The arbitrator shall not have the authority to enter any award, the
satisfaction of which by the party to be bound, would be impermissible under any law,
regulation, or funding agreement to which the bound party is subject. The determination
of any such impermissibility shall be made by a court of competent jurisdiction within the
State of Washington and under the laws of the State of Washington. Any such
determination shall be appealable.
7.4 Nothing in this Section 7 shall preclude either party from seeking injunctive
or equitable relief prior to the initiation or completion of this dispute resolution process.
8. Original Agreement Superseded; Amendments to Agreement.
This Agreement supersedes and replaces the Original Agreement between the
Parties and contains all terms, conditions and provisions agreed upon by the Parties hereto,
and this Agreement shall not be modified except by written amendment executed by the
Parties.
(a) Major Amendments. Amendments to this Agreement that
materially modify the intent and policy of the Agreement are Major Amendments and must
4917-1761-6759, v. 1
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be approved by the Parties and the City Council consistent with state law. An example of
a Major Amendment is a proposal to increase impacts from the Prato District, such as by
increasing the current Trip Ceiling.
(b) Minor Amendments. Amendments that do not materially modify
the intent of this Agreement shall be considered a "Minor Amendment" and shall be
processed pursuant to TMC 18.108.010 as a Type 1 decision. An example of a Minor
Amendment is a revision to the dispute resolution process.
(c) Amendment Process. An amendment to this Agreement may be
requested by Segale or by the City pursuant to the notice provisions herein. The
determination regarding whether an amendment to this Agreement is Minor or Major shall
rest solely with the Community Development Director without any right to appeal by any
Party. In no case may any Party amend this Agreement without the written consent of all
other Parties; provided, that MAS's agreement to execute any amendment to this
Agreement shall not be unreasonably withheld.
9. General Provisions.
9.1 Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
9.2 Recording. This Agreement or a memorandum thereof shall be recorded
against the Prato District as a covenant running with the land and shall be binding on the
Parties and their heirs, successors and assigns for the Term of this Agreement. Segale shall
record this Agreement, and exhibits thereto, and shall pay the King County recording fee.
9.3 Agreement Binding on Successors; Respective Obligations of Segale and
Parcel Builders. This Agreement shall be binding upon and shall inure to the benefit of the
heirs, successors and assigns of Segale, and upon the City, except as limited and
conditioned in this Agreement. Segale's general duties and obligations under this
Agreement for the Prato District are not intended to be delegated to Parcel Builders unless
a particular duty or obligation, specifically and directly related to the Development Parcel
in question, is expressly imposed by the City as a term or condition of an Implementing
Approval for that Parcel.
9.4 Parcel Builders' Obligations; Notice to City re Parcel Builder; Declaration
of Covenants for Prato District. The Parties acknowledge that development of the Prato
District may involve transfer of undeveloped or partially developed Development Parcels
in the Prato District or the Expansion Areas, each a Development Parcel, to one or more
Parcel Builders. Those Parcel Builders will in turn own, develop and/or occupy portions
of the Prato District and buildings thereon as part of the Prato District. Parcel Builders
shall be obligated with respect to all conditions of Implementing Approvals applicable to
their respective Development Parcels, unless such an obligation is specifically identified
in this Agreement or in the Implementing Approval as that of Segale. Segale anticipates
an owners' association will be created, and private covenants will be adopted for the Prato
District and enforced by the owners' association.
19
4917-1761-6759, v. 1
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9.5 Interpretation; Severability.
9.5.1 Interpretation. The parties intend this Agreement to be interpreted
to the full extent authorized by law as an exercise of the City's authority to enter into
development agreements pursuant to RCW 36.70B.170 et seq., and this Agreement shall
be construed to exclude from the scope of this Agreement and to reserve to the City, only
that police power authority which is prohibited by law from being subject to a mutual
agreement with consideration. If any Vested Development Regulations conflict with an
otherwise applicable provision of the Tukwila Municipal Code, the Vested Development
Regulations shall control.
9.5.2 Severability. If any provisions of this Agreement are determined to
be unenforceable or invalid in a final decree or judgment by a court of law, then the
remainder of this Agreement not decreed or adjudged unenforceable or invalid shall remain
unaffected and in full force and effect. In that event, this Agreement shall thereafter be
modified, as provided immediately hereafter, to implement the intent of the parties to the
maximum extent allowable under law. The parties shall diligently seek to agree to modify
the Agreement consistent with the final court determination, and no party shall undertake
any actions inconsistent with the intent of this Agreement until the modification to this
Agreement has been completed. If the parties do not mutually agree to modifications
within forty-five (45) days after the final court determination, then either party may initiate
the arbitration process under Section 7 for determination of the modifications that will
implement the intent of this Agreement and the final court decision.
9.6 Authority. Each party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Agreement on the terms and
conditions herein stated, and to deliver and perform its obligations under this Agreement.
9.7 Exhibits and Appendices Incorporated. Exhibits 1 through 11 are
incorporated herein by this reference as if fully set forth.
9.8 Headings. The headings in this Agreement are inserted for reference only
and shall not be construed to expand, limit or otherwise modify the terms and conditions
of this Agreement.
9.9 Time of the Essence. Time is of the essence of this Agreement and of every
provision hereof. Unless otherwise set forth in this Agreement, the reference to days shall
mean calendar days. If any time for action occurs on a weekend or legal holiday in the
State of Washington, then the time period shall be extended automatically to the next
business day.
9.10 Entire Agreement. This Agreement represents the entire agreement of the
parties with respect to the subject matter hereof. There are no other agreements, oral or
written, except as expressly set forth herein and this Agreement supersedes all previous
agreements, oral or written.
4917-1761-6759, v. 1
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9.11 Default and Remedies.
9.11.1 Cures Taking More Than Thirty Days. Except as expressly
provided otherwise in this Agreement, no party shall be in default under this Agreement
unless it has failed to perform as required under this Agreement for a period of thirty (30)
days after written notice of default from any other party. Each notice of default shall
specify the nature of the alleged default and the manner in which the default may be cured
satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured
within the thirty (30) day period, then commencement of the cure within such time period
and the diligent prosecution to completion of the cure shall be deemed a cure.
9.11.2 Rights of Non -Defaulting Party. A party not in default under this
Agreement shall have all rights and remedies provided by law or equity, including, without
limitation, damages, specific performance, or writs to compel performance or require
action consistent with this Agreement.
9.11.3 Attorneys' Fees. In any action to enforce or determine a party's
rights under this Agreement, the prevailing party shall be entitled to attorney's fees and
costs.
9.12 Relief Against Defaulting Party or Portion of Prato District. In recognition
of the anticipated transfers by Segale of parcels of the Prato District to Parcel Builders,
remedies under this Agreement shall be tailored to the Prato District or parties as provided
below.
9.12.1 Relief Limited to Affected Development Parcel. Any claimed
default shall relate as specifically as possible to the portion or Development Parcel of the
Prato District involved, and any remedy against any party shall be limited, to the extent
possible, to the owners of such portion or Development Parcel of the Prato District.
9.12.2 Relief Limited to Affected Owner. To the extent possible, the City
shall seek only those remedies that do not adversely affect the rights, duties or obligations
of any other nondefaulting owner of portions of the Prato District under this Agreement,
and shall seek to utilize the severability provisions set forth in this Agreement.
9.13 Term. The Term of this Agreement expires on December 31, 2040
("Term").
9.14 No Third -Party Beneficiary. This Agreement is made and entered into for
the sole protection and benefit of the parties hereto and their successors and assigns. No
other person shall have any right of action based upon any provision of this Agreement.
Parcel Builders in Tukwila South shall be deemed to be successors under this provision.
9.15 Interpretation. This Agreement has been reviewed and revised by legal
counsel for both parties, and no presumption or rule construing ambiguity against the
drafter of the document shall apply to the interpretation or enforcement of this Agreement.
21
4917-1761-6759, v. 1
41
9.16 Notice. All communications, notices, and demands of any kind that a party
under this Agreement requires or desires to give to any other party shall be in writing and
either (i) delivered personally, (ii) sent by email with an additional copy mailed first class,
or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested,
and addressed as follows:
If to the City: City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Attn: Mayor's Office and
Director of Community Development
Email:
If to Segale:
Segale Properties LLC
P.O. Box 88028
Tukwila, Washington 98138-2028
Attn: Mr. Mark A. Segale
Email: msegale@segaleproperties.com
If to MAS: MAS Tukwila LLC
2711 West Valley Highway North #200
Auburn, Washington 98001
Attn: Matthew Jacobsen, Manager
Email: mjacobsen@fnw-inc.com
Notice by hand delivery, or email shall be effective upon receipt, provided that
notice by email shall be accompanied by mailed notice as set forth herein. If deposited in
the mail, certified mail, return receipt requested, notice shall be deemed delivered forty-
eight (48) hours after deposited. Any party at any time by notice to the other party may
designate a different address or person to which such notice or communication shall be
given.
9.17 Delays. If either party is delayed in the performance of its obligations under
this Agreement due to Force Majeure, then performance of those obligations shall be
excused for the period of delay. For purposes of this Agreement, economic downturns,
loss in value of Segale assets, inability to obtain or retain financing, do not constitute a
force majeure event.
9.18 Indemnification. Except as otherwise specifically provided elsewhere in
this Agreement and any exhibits hereto, each party shall protect, defend, indemnify and
hold harmless the other party and their officers, agents, and employees, or any of them,
from and against any and all claims, actions, suits liability, loss, costs, expenses, and
damages of any nature whatsoever, which are caused by or result from any negligent act or
omission of the party's own officers, agents, and employees in performing services
pursuant to this Agreement. In the event that any suit based upon such a claim, action,
loss, or damage is brought against a party, the party whose negligent action or omissions
gave rise to the claim shall defend the other party at the indemnifying party's sole cost and
4917-1761-6759, v. 1
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22
expense; and if final judgment be rendered against the other party and its officers, agents,
and employees or jointly the parties and their respective officers, agents, and employees,
the parties whose actions or omissions gave rise to the claim shall satisfy the same;
provided that, in the event of concurrent negligence, each party shall indemnify and hold
the other parties harmless only to the extent of that party's negligence. The indemnification
to the City hereunder shall be for the benefit of the City as an entity, and not for members
of the general public.
9.19 Prato District Is a Private Undertaking. The Prato District is a private
development and the City has no interest therein except as authorized in the exercise of its
governmental functions.
[End of Agreement with incorporated exhibits and signatures on the following pages]
LIST OF EXHIBITS TO THE DEVELOPMENT AGREEMENT
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
Exhibit 7A:
Exhibit 7B:
Exhibit 8:
Exhibit 9:
Exhibit 10:
Exhibit 11:
Prato District Vicinity Map
Property Legal Descriptions
Prato District Sensitive/Critical Areas and Development and Non -
Development Area Map
Mixed -Use Development Master Plan
Calculation of Existing Development Trips
Prato District Credit Trip Ceiling Tracker
Expansion Areas Legal Description
Frager Road/Southcenter Parkway R.O.W.
Vested Development Regulations
Proposed Orillia Road Connector
Impervious Area Tracking Map and Tukwila South -Prato District
Impervious Surfaces Tracking Spreadsheet
Stormwater Monitoring
23
4917-1761-6759, v. 1
43
In Witness Whereof, the parties have caused this Agreement to be executed,
effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
By:
Mayor
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
SEGALE PROPERTIES LLC, a Washington limited liability company
By: Metro Land Development, Inc.
Its: Manager
By:
Mark A. Segale, President
Date:
MAS TUKWILA LLC, a Washington limited liability company
By:
Date:
4917-1761-6759, v. 1
44
24
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me , to me known to be
the mayor of CITY OF TUKWILA, a Washington municipal corporation, that executed
the within and foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said Washington municipal corporation for the uses and
purposes therein mentioned, and on oath stated that is authorized to execute said
instrument.
GIVEN under my hand and official seal this day of , 2025.
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
25
4917-1761-6759, v. 1
45
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me Mark A. Segale, to me known to be the
person who signed as President of Metro Land Development, Inc., the manager of
SEGALE PROPERTIES LLC, a Washington limited liability company, that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said limited liability company, for the uses and purposes therein
mentioned, and on oath stated that said individual is authorized to execute said instrument.
GIVEN under my hand and official seal this day of , 2025.
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
4917-1761-6759, v. 1
46
26
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me , to me known
to be a of MAS TUKWILA LLC, a Washington limited liability company,
that executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said limited liability company, for the uses and
purposes therein mentioned, and on oath stated that said individual is authorized to execute
said instrument.
GIVEN under my hand and official seal this day of , 2025.
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
27
4917-1761-6759, v. 1
47
EXHIBIT 1
Prato District Vicinity Map
COLOR COPY OF EXHIBIT 1 IS
ON FILE WITH THE CITY
48
d.$
m
111
II 1111111
ojilOR
PRAIO DISTRICT
VICINITY MAP
EXHIBIT 1
LAST REVISED: 2.24.25
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49
EXHIBIT 2
Property Legal Descriptions
50
EXHIBIT 2
PROPERTY LEGAL DESCRIPTIONS
TUKWILA SOUTH FINAL PLAT PHASE 1
THE PLAT OF TUKWILA SOUTH PHASE 1 AS FILED IN VOLUME 284 OF PLATS AT
PAGE 72 AND RECORDED UNDER KING COUNTY RECORDING NUMBER
20180823000390.
PARCEL - 352304-9109
PARCEL "B" CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO L16-0070 AS
RECORDED UNDER KING COUNTY RECORDING NUMBER 20170605900032.
PARCEL - 032204-9062
PARCEL - A, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L16-0075 AS
RECORDED UNDER KING COUNTY RECORDING NUMBER 20170501900005.
PARCEL - 032204-9102
BEGINNING AT A STONE MONUMENT WHICH IS THE SOUTHEAST CORNER OF
SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M,; THENCE SOUTH
89° 36'00"WEST ALONG THE SOUTH LINE OF SAID SECTION 3, A DISTANCE OF
1326.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°
36'00"WEST ALONG SAID SECTION LINE 866.40 FEET; THENCE NORTH 26°
08'00"EAST 1477.50 FEET TO THE SOUTH LINE OF SOUTH 204TH STREET; THENCE
SOUTH 89° 37'00"EAST ALONG SAID ROAD, 791.30 FEET; THENCE SOUTH 35°
36'00"WEST 973.80 FEET ALONG THE WEST BANK OF DRAINAGE DITCH; THENCE
SOUTH 00° 38'00WEST 522.90 FEET ALONG THE WEST BANK OF DRAINAGE DITCH
TO THE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
51
PARCEL - 352304-9124
NEW PARCEL "C" CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO.
L17-0004, CITY OF SEATAC LOT LINE ADJUSTMENT NO. SUB17-0005 RECORDING
NO 20170605900031.
TOGETHER WITH: THAT PORTION OF VACATED ROAD ADJACENT PER SEA TAC
ORDINANCE NO. 17-1012 AS RECORDED UNDER KING COUNTY RECORDING NO.
20180112000792 (BEING A PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER AND NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M,
KING COUNTY, WASHINGTON.
52
EXHIBIT 3
Prato District Sensitive/Critical Areas and
Development and Non -Development Areas Map
53
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'GOLDSMITH
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1215 1141h Avenue SE, Bellevue, WA 98004, P.O. Box 3565, Bellevue, WA 98009
OFFICE: (425) 462-1980, FAX: (425) 462-7719, Stott goldsmilhengineering.com
FEY GO
TUKWILA SOUTH PROJECT PERIMETER
DATE
DESCRIPTION
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NGPA
MADE BY
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SCALE IN FEET
NON -DEVELOPMENT AREAS
NATIVE GROWTH PROTECTION AREA (NGPA)
ALL NON -HATCHED AREAS WITHIN
TUKWILA SOUTH PROJECT PERIMETER
ARE DEVELOPMENT AREAS
GREEN RIVER OFF -CHANNEL
HABITAT RESTORATION AREA
SEGALE PROPERTIES LLC
SIISKYAVT
Jae No: 03102
DRAWN, LCA
SEAS., LCA
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APPROVED CA
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ALAI. AAA
PRATO DISTRICT SENSITIVE/CRITICAL
AREAS AND DEVELOPMENT AND
NON -DEVELOPMENT AREAS
AS ALSO SHOWN ON FIGURE 18-59 OF TMC 18.45.1601
CITY OF TUKWILA WASHINGTON
EXHIBIT
3
EXHIBIT 4
Mixed -Use Development Master Plan
COLOR COPY OF EXHIBIT 4 IS ON FILE
WITH THE CITY
55
EXHIBIT 4
COLLiNSWOERM.
TABLE OF CONTENTS
PAGE NUMBER
1
3
7
15
19
--'- ---- . ,.AS_._- 21
A
COLLNISWOERMAKI
This Master Plan document defines the goals,
objectives and vision of Segale Properties to
transition almost 500 acres of mostly undeveloped
property in Tukwila, Washington, to a memorable
regional destination that can compete nationally and
internationally for employers and goods and services.
With nearly 500 acres of land five minutes from SeaTac
Airport and adjacent to 1-5, the Tukwila South project
site is the largest private development parcel in the
greater Seattle area. Properly planned and implemented,
the project will provide 25,000 new jobs and join the
University of Washington, Microsoft and Boeing Everett as
the region's fourth major,"non-Central Business District"
employment center. It will become a major new urban
node in the region and provide significant benefits to
the city of Tukwila and improve the quality of life of its
residents.
Because of the sheer size of the site, the implementation
of this vision will span many development cycles over 25
to 30 years. The initial value created by early development
efforts will allow infill development in future cycles that
will continue to build value for the property and increase
density over time.
The Tukwila South development strategy emphasizes
multiple uses, including 5 to 10 million square feet of
office technology / flex -tech space, 1 to 2 million square
feet of goods and services, and 700 to 1,900 units of
housing. These uses will be grouped in fine-grained, pedestrian -oriented districts. A well -planned multi -use environment will also help mitigate development risk as the
markets for various uses fluctuate from development cycle to development cycle.
The Tukwila South Master Plan's measures to protect and enhance the site's natural environment include the enhancement of Johnson Ditch into a fish -friendly
tributary, the creation of back -water fish habitat in the Green River, and the restoration of a 32-acre wetland complex. The project's design will integrate its
transportation infrastructure, develop shared parking concepts, and create internal natural environments with visual connections to the green amenity of its western
hillside and the open space amenity of the Green River to the east.
COLLINSWOERMAFI
THE MASTER PLAN AND THE CITY'S COMPREHENSIVE PLAN
The Tukwila South Master Plan's vision and guiding principles mirror and reinforce
those set out in the City ofTukwila's Comprehensive Plan. As described in this
document, Tukwila South will substantially aid the City in creating "safe and secure
places to live"and "an economy that provides jobs, ways to get around, schools,
and recreational opportunities" all identified as core reasons for the creation of its
Comprehensive Plan.
The Master Plan also allows the City opportunities to satisfy the Growth
Management Act requirements set out in the Comp Plan's introduction, including
the identification of"Urban Growth Areas that can accommodate at least 20 years
of new population and employment" and the identification and protection of"open
space corridors of regional significance." Most importantly, it materially assists what
is identified as the Comp Plan's primary charge: to preserve and enhance"Tukwila's
long-term economic growth and community viability and identity" The Master Plan
represents a rare opportunity to create a strong and appealing identity for the site
itself and serve as a highly visible, memorable gateway to the city of Tukwila as a
whole.
Southcenter Parkway (57th Avenue S) will be expanded and extended through the
site in a new alignment; this will provide an improved connection to the area from the
Tukwila Urban Center. Improved east -west access
will be provided by realignment of 5 178th Street;
a future east -west access from Orillia Road to the
site will also be developed to accommodate full
buildout.
Some modification of the western hillside will
occur, but the majority of the hillside will remain
untouched as an amenity. Portions of the hillside
on the north end of the property will be graded
and re-lansdscaped to accomodate the relocation
of 5 178th Street and to provide fill material for
the project. On the south end of the site, north of S 200th Street, it is expected that
portions of the hillside will be graded to accommodate development. Special design
consideration will be covered by residential design guidelines to be developed and
adopted prior to residential development.
On -site amenities will include landscaped open space, plazas and courtyards,
and a pedestrian/bicycle pathway along the Green River.
Because the Tukwila South Master Plan is organized around a combination
of campus -type research and office environments and districts, the quality
of building design
will likely be
substantially higher
than that found in
the surrounding
industrial and retail
uses. Building
design, construction,
and materials will
be of institutional
quality, and
coordinated through
comprehensive urban
design principles.
The Master Plan is consistent with City goals calling for zoning and
development regulations that encourage growth in certain areas, promote
economic use of industrial lands outside the MIC, and retain large
parcels in order to facilitate their efficient use, Tukwila South is one of
the areas considered for new employment and residential growth in the
Comprehensive Plan.
A mix of uses will be oriented along Southcenter Parkway. The density of
development on the site will support transit use and a secondary onsite
street system will be developed with pedestrian circulation in mind, with
features such as sidewalks and appropriate signage for pedestrians. The
site will be organized around pedestrian -oriented circulation systems, with
simplified vehicular circulation, to foster linkages within the campus(es).
COLLINSV,VO-Pte1AN
COLLNISWOERMAKI
DEVELOPMENTCONCEPT
The Tukwila South Master Plan is intended to provide a framework to guide long-
term development of the approximately 500 acre site and create the opportunity
for an economic engine that would result in new jobs for the region. Between
10 and 14 million square feet of development will be created in a combination
of campus office and research environments, and districts that will include retail,
residential, hotel and recreational uses. Given its prominent Mt. Rainier views,
location adjacent to the Green River and the Southcenter shopping district, the
site offers the potential for a truly distinctive"signature" property.
The underlying feature of the Master Plan is that larger campus areas will be
positioned to accommodate national and international companies specializing
in emerging technology industries drawn to a campus setting with expansion
potential. A retail village on the north end of the site could contain a range of
supporting retail, residential, hotel and recreational uses and will also serve as
a gateway to the site from the Tukwila Urban Center. The close proximity to
Sea-Tac airport and direct access to the regional transportation infrastructure
network (I-5, 1-405, and SR 167) create multi -modal transportation options.
In the development's campus environment, buildings will frame open spaces
with central plazas and public gathering spaces. Pedestrian -oriented internal
circulation and simplified vehicular circulation will promote ease of movement
and foster a sense of integration while providing access to recreational, retail,
restaurant, and hospitality amenities. Building design, construction, and materials
will be coordinated through comprehensive design principles.
The development concept for the overall site provides opportunity for between 10
and 14 million square feet of a mix of uses including those related to employment,
housing, and goods and services. Table 1 shows the assumed range of uses for
development scenarios of 10 million square feet and 14 million square feet. This
buildout range and assumed mix of uses within the planning areas should be
considered conceptual; ultimately, market forces will determine the specific level
of development and the mix of uses over the long term. The potential locations of
C O'_ L'. N S \VO c R!N A N
SMMIM
the various categories of uses shown within the plans on the following
pages are also conceptual and will be determined by market forces,
Land uses related to employment could include, for example, research and
development, office, light manufacturing, limited distribution, and hotel
uses. Land uses related to goods and services could include retail and
restaurant uses. Housing could consist of a mix of small -lot single-family,
townhomes, and multifamily (rental and for sale) units.
The natural boundaries presented by the hillside on
the west and the Green River on the east drive the site's
north -south orientation. The development concept
features public and private amenities such as plazas,
landscaped open space areas, and pedestrian/bicycle
pathways that link the campus to adjacent areas. There
will be opportunities for new public access to the Green
River and connections to the existing Green River Trail.
In the future, there may be a possibility for a pedestrian
crossing to Briscoe Park. Alignment of Southcenter Parkway along the west
edge of the site and further away from the Green River will afford greater
opportunities for open space areas and public river access.
The central and southern portions of the site will serve as the campus
development's core, anchored by retail and service areas. Design
guidelines will acknowledge and address residential uses to the west of
Orillia Road. The northern end of the site will include a mix of employment,
specialty goods and services and housing that will complement the
central campus and reflect a dynamic urban character in its range of retail,
residential, hotel, and recreational uses.
The architectural scale of the majority of the campus, at buildout, will be
three -to six -story structures with both surface and structured parking,
with the possibility of heights of up to eight stories in denser, more urban -
oriented areas. These structures will relate to each other in the context of
the landscape, and their design and construction will be coordinated by
comprehensive design principles.
Development of individual projects will be subject to the City ofTukwila's
permit process to ensure a coordinated approach to campus development,
including access/circulation, open space and compatibility among uses.
DESIGN PRINCIPLES
Design principles are abstract representations of strategies that help guide development for the site. The principles identified in this
document grew out of multiple charettes, discussions and meeting between consultants and the Segale family to help define the overall
development framework for the Tukwila South property.
GATEWAYS
The Tukwila South property has an
opportunity to highlight its most
important points of entry as gateways.
These gateways can be functional,
symbolic, and memorable aspects for
the property.
These areas,
defined as the
yellow circles
in the graphic,
become the"front
porch"for the
project.
CR_AT NGD S T T CTS
Walkability is a key
factor in establishing
boundaries. There is
a national standard
for retail malls, which
dictates the distance
from anchor to anchor
should be no more than
a 10-minute walk. As
represented by the
orange circles, each
district should be
walkable.
AMENITY SYSTEMS
Amenities such as trails, plazas and open
spaces are critical components to a project.
Integrating multiple amenities creates
"systems" that work together. Developable
open space including green areas, hard -
surfaced urban plazas, street parks, and
pocket parks will be incorporated into the
project; with
pathways and
wayfinding
systems
that help
pedestrians
navigate
throughout the
project. The
opportunity
exists to create
trails to allow for runners, walkers and hikers
to utilize the hillside's topography.
CONNECTIONS
The Tukwila South property has an
opportunity to plan for future regional transit
connections to Seattle Tacoma International
Airport and regional mass transit to the
north. The cities of Tukwila and SeaTac,
the Port of Seattle and Sound Transit have
undertaken a feasibility analysis to develop a
people mover system from the airport light
rail station through
Tukwila South to
the commuter rail
station at the Tukwila
TOD. Tukwila should
continue to pursue
such opportunities
COLLINS.,
HOUSING OPPORTUNITIES
The diverse topography, location, views to Mt. Rainier, and market demands allow the Segale property to accommodate a wide
variety of housing environments. This range could include a mix of single-family and multi -family units of low, mid and high-rise
structures totaling 1,900 units across the site.
Locations of uses shown on this plan are conceptual
and will be determined by market fortes.
LOW=R S
Structures 1 to 3 stories in height; including
for -rent and for -sale units of
single-family lots, detached townhouses,
and flats above retail. Low-rise units would
be organized to create neighborhoods
within the hillside and areas that are
adjacent to the Green River.
CoLL'.NSWCcR!NAN
Structures 3 to 6 stories in height; including
for- rent and for -sale units. Integration with
goods and services allow for mid -rise units
to integrate with a mix of uses. For example,
possible configuration would include housing units
constructed over retail.
H,GH=RISE
Structures 6 stories or greater in height; including
for -rent and for -sale units. The opportunity
exists for high-rise structures, most likely in the
redevelopment of the Segale Business Park in the
latter stages of the project's development.
RETAIL OPPORTUNITIES
There are opportunities to attract and accommodate retail users in three diverse marketplaces:
1. Retail as a catalyst for the market. A one of
a kind user is just that...one of a kind. There
may be only one chance for this user to locate
regionally, and this property has the flexibility to
meet the needs of an end user that is currently
not in the Northwest marketplace.
Locatlons of uses shown on tns plan are cenceocual
and will be determined by market forces,
RETAIL VILLAGI
2. Retail as it relates to demand from the market. Current
and future demand is for a grocery store -anchored
village center with a collection of unique and general
goods and services, with the ability to grow with market
demands. Additionally, large-scale "big -box" area
retailers may need more space and would move out of
the city otherwise.
The northern end of the site offers the uppu rtunity to create a retail village that includes specialty retail and goods
and services to support the proposed uses and the underserved surrounding neighborhoods. The success of the
Tukwila Urban Center to the north and the realignment of S 178th Street allow for the retail village to represent the
front door for the property. Uses are expected to include a grocery store, drug store, and smaller retailers that will
serve the surrounding neighborhoods.
A retail village on the north end of the site could contain a range of supporting retail, residential, hotel and
recreational uses and will also serve as a gateway to the site from the Tukwila Urban Center.
3. Retail as an amenity for the market.
Addressing the demands of other
uses within or surrounding the
property that are complementary to
the Tukwila Urban Center shopping
district's.
COLLINS.,
R=T __ OPPORTUNITIES (CONTINUED)
USES INCLUDE:
Bookstores Furniture Stores Financial Institutions
Video Stores Toy Stores Service Businesses
Sporting Goods Coffee Shops Print Shops
Clothing Stores Florists Real Estate Offices
Hardware Shops Child Care Travel Agencies
Grocery Stores Restaurants Gas Stations
Antiques / Art Galleries Drug Stores Big Box Retail
Jewelers Residential Ivlulti-family Medical/Dental Offices
Audio /Video Stores Leisure Entertainment
Representative uses for the retail village, retail district, large-scale retail users, gateway retail and retail center.
Game Arcades Residential Units
Movie Theaters Office
Museum
Studios (Art, Photography)
Bowling Alley / Pool Hall
Music/ Night Club
Sports / Exercise Club
Restaurants
Locations of uses shown on this plan are conceptual fae
and will be determined by market forces
RETAIL DISTRICT GATEWAY R ETA I ‘.T DRLLARD
Adjacent to the"retail village" additional uses would
allow for a synergistic multi -use environment for inulti-
family residential units, neighborhood retail and office
uses that are envisioned as a 24/7 urban environment.
_=ERG= SCA1 = RFTAII 1SFR
National retailers not currently in the local marketplace
or relocation of existing large-scale retailers looking for
expansion opportunities. Additional smaller users and
service users may be in this area.
CO'_L'.NSwOER!NAN
& S 200TH ST
The intersection of Orillia Road and 5 200th Street allows for the
opportunity to create a retail gateway for the property due to the
high visibility along Orillia Road.
RETAIL CENTER ATS 200TH
& SCvT-C=NT_R PARKWAY
The intersection of the realignment of Southcenter Parkway
and 5 200th Street allows for the opportunity to create a retail
center that could serve the surrounding campus office uses.
REGIONAL EMPLOYMENOPPORTUNITIES
Numerous areas on the site could accommodate national and international companies specializing in emerging technology industries drawn to a campus setting with
expansion potential; a range of supporting retail, residential, hotel and recreational uses; adjacent amenities; close proximity to Sea-Tac airport; and direct access to
the regional transportation infrastructure network (1-5, 1-405, and SR 167) and multi -modal transportation options. Given its location adjacent to the Green River and
the Tukwila Urban Center and its prominent Mt. Rainier views, the site offers such users the potential for a truly distinctive"signature" property.
Lo_ations of uses shown on this plan arc conceptual
and will be determined sy market forces.
"To create a campus, there must be a cohesive environment, appropriate building
placements that frame organized open spaces, logical pedestrian circulation to the core
of the campus and simplified vehicular circulation. Access to amenities (restaurants,
hotels, retail, etc.) that are close to the workplace allow for employees to shop during
lunch hours or breaks without a car. This also allows employees to collaborate with
other team members within the campus, as opposed to accessing their cars, which can
be Inconvenient; to interact with other parts of their business. Another consideration in
the development of campuses is the regulation of the overall look of structures. Design
standards allow for similar construction of residential retail or office buildings. The
buildings will be uniform in their quality of design, construction, and material so that the
development is cohesive in nature"
(Source: Mike Sheridan,"Urbanizing the Campus": Urban Land Institute, Nov/Dec 2001)
LIS=SINCLUDE:
Professional Orrice
Research & Development
Hotels
Day Care Facilities
Parking Facilities
Administrative
Conference /Convention Space
Medical and Dental Offices
Residential Units
Flex -Tech
Retail
Restaurants
Health Care Services
Government Services
Light Manufacturing Uses
Service Commercial
Business Services
Representative uses for this district
COLLINS.,
SHORELINE USES
The Tukwila South property's eastern edge is formed by the Green River, from S 180th Street along the
north end, to 5 200th Street on the south end. Development within 200 feet along the Green River is
regulated by the following shoreline regulations:
RIVER ENVIRONMENT :THE AREA BETWEEN THE MIEAN HIGH WA:ER MARK
AND THE LOW IMPACT ENVIRONMENT, HAVING THE MOST ENVIRONME:NTALLY
PROTECTIVE LAND USE REGULATIONS
The river environment will contain no uses or structures other than the following: public and/or private
trails; recreation amenities such as benches, tables, viewpoints, and picnic shelters (not to exceed 15 feet in
height); support facilities for pollution control such as runoff ponds and filter systems, provided they are at or
below grade; information and direction signs; diking for bank stabilization, erosion control, and flood control
purposes; bridges, fire lanes and dike maintenance roads; plaza connectors between buildings and dikes (not
exceeding the height of the dike). The uses within the river environment will provide access and enhance
pedestrian access along the river.
LOW IMPACT ENVIRONMENT: THE AREA BETWEEN THE RIVER ENVIRONMENT
AND 100 FEET FROM THE MEAN HIGH WATER MARK
Uses in the underlying zoning district will be allowed; however, structures will not exceed 35'in height unless
a variance is granted.
HIGH IMPACT ENVIRONMENT: THE AREA BETWEEN] 100 FEET AND 200 FEET
FROM THE MIEAN HIGH ------ MARK HAVING THE LEAST ENVIRONMENTALLY
PROTECTIVE LAND LISE REGULATION
All uses allowed in the underlying zoning district will be allowed within the high -impact environment.
COLLN,VOERMAN
e' 20' ee'
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COLLINSWOE.V.
Communities are not instant creations of urban designers. They are
places that grow and evolve as changing needs, opportunities and
personalities contribute to their form. The best communities build on
their history and background while creating a bold vision for the future.
BACKGROUND
The Tukwila South project represents an opportunity for the City to
enhance its competitive position in the regional marketplace. At
approximately 500 acres, the site's sheer size, combined with the
consolidated land ownership, existing lower density uses, and proximity to
the airport, it is certain to attract attention from national and international
companies seeking expansion opportunities.
The property currently contains a mix of
industrial and agricultural uses with a high
potential for redevelopment and the ability
to transition to a dynamic urban multi -use
district as it phases out its existing, lower -
density uses.
The Segale family has been systematically
assembling property within the Tukwila
South area for over 50 years. While there
have been discussions about development
and markets that could havefilled the property with many of the retail
and industrial uses common to this part of theValley, the land has yet to
see its first significant development.
The guiding principles developed
for the project arose from the
history of the Segale family, the
natural beauty of Puget Sound
and the site's key characteristics.
With this background as our
starting point, we have created the
following ten guiding principles for
the Tukwila South Master Plan. It is
from these that our development
plan has been conceived. Additional information on the background of
these principles are located within the appendix of this Master Plan.
CowNSWCERiasu
PRINCIPLE #1: LONG=TERM VISION
The development of Tukwila South will be guided by a long-term vision that will create
a different, more cohesive development pattern than if the property was developed on
a parcel -by -parcel basis.
A long-term vision requires a commitment to make decisions and investments that
support its development. The Segale family has committed to this long-term vision
and to building out the site's central infrastructure including temporary and permanent
stormwater and erosion control, mitigation for environmental impacts, mass grading
and relocation of the existing flood protection barrier dike as the initial phase. This
investment will ensure the long-term plan is implemented.
PRINCIPLE #2: CREATING A DESTINATION
The Tukwila South project will become a regional destination.
Tukwila South is a regionally
visible site. The site is
considered "close in" in real
estate terms and is adjacent
to one of the region's largest
retail destinations. Many of
the valley's residents and
businesses move through
or around the site daily. Its
access and visibility from
the valley and eastern edge
neighborhoods make it a
natural regional destination.
The site's initial value is
enhanced by its proximity
to significant regional
investments such as SeaTac Airport, the Southcenter retail district, and 1-405, 1-5,
SR 167 and many other local arterials. The Master Plan will ensure these assets are
leveraged.
PRINCIPLE33 BUILDINGVALUE
Development decisions will be weighed by their ability to maximize the site's potential
to create value.
Tukwila South's full potential can only be reached through the implementation of a
long-term strategic vision that uses each newly -developed parcel to lift the value of
the remaining parcels. This vision and Master Plan will span many development cycles.
Early developments will include low-cost surface parking lots and lower density
commercial uses that will allow room for future infill development and redevelopment
when structured parking makes economic sense. As the value of the land increases,
redevelopment of surface parking lots and infill sites will follow to maximize future
density. This can only occur because a significant share of the site is in single
ownership.
At just under 500 acres, Tukwila South could include regional employment, housing,
and goods and services. Multi -use districts will allow many of these uses to work
together by sharing infrastructure, parking, and access. These districts will enable
the creation of a highly desirable, fine-grained pedestrian environment. When
housing, jobs, and goods and services are located appropriately, a community is
created.
PRINCIPLE .... MULTI -USE
Tukwila South will include employment, goods and services, and housing. The
project will be multi -use and include a wide range of businesses instead of focusing
on industrial and retail users. Residential is also being considered to bring additional
vitality to the area.
A development strategy that emphasizes multiple uses will increase the rate of
development and create a more desirable environment for each use: retail supports
housing and jobs, housing supports retail and jobs, jobs support retail and housing.
This diversity of uses will support the creation of destination districts, increase the
project's overall value, and enhance the vitality of the city of Tukwila. The market
value of office and hotel uses will be increased by having retail and restaurant uses
nearby. A well -planned multi -use environment will also help mitigate development
risk as the markets for various uses Fluctuate from development cycle to development
cycle.
Careful consideration of use adjacencies is essential to ensure efficient sharing of
amenities, parking and infrastructure. Initial planning configurations must
also keep future infill development opportunities in mind to ensure judicious
use of each square foot of the project's land.
PRINCIPLE #5. INCREASING DENSITY OVERTIME
Tukwila South will be
planned to accommodate
increased density over time.
As noted in the discussion
of Principle #3, the surface
parking lots dictated by
today's market opportunities
for employment, goods
and services, and housing will provide the basis for each developing
district, enabling its evolution overtime into a denser environment. With
each development, the district will become more desirable. This increase
in value will allow infill development in the early -phase parking lots and
redevelopment of lower density commercial uses.
Early -phase uses must, therefore, be carefully chosen to complement each
other and serve as engines for future development. It is essential to pick the
right retailers, the right employment clusters, and the right mix of housing to
create the synergy necessary to allow all of the uses to thrive.
PRINCIPLE #6: QUALITY ENVIRONMENT
Tukwila South will create a memorable and regionally identifiable place.
Tukwila South will build on the Northwest tradition of quality outdoor
environments by integrating its iconic outdoor spaces with high quality
indoor spaces. Quality building materials combined with traditional Puget
Sound building elements (canopies, lush landscaping, etc.) will create
memorable and regionally identifiable environments that help attract world -
class talent.
Growth in the regional economy is expected to come in four major sectors:
aerospace, life sciences, information technology, and trade and logistics.
Due to its size and location, Tukwila South is perfectly situated to bring
these new types of jobs to the city of Tukwila.
COLUNSVJ,
Because these businesses need to attract the best and brightest, they demand a very
high quality work environment. Tukwila South offers the opportunity to live and
work in a single location, increasingly associated with a high quality of life. Beautifully
designed public spaces will be required to connect jobs with goods and services, and
goods and services and jobs with housing.
The people who work at Tukwila South will want a
development environment that is clean, safe, well
organized, and convenient. More than that, like many
who live and work in the Northwest, they value quality
outdoor environments. Tukwila South's outdoor and
indoor environments will be Integrated wherever
possible, and the project's amenities will provide
a variety of on -site recreational opportunities and
connections to the site's outdoor environments.
The buildings and the spaces between the buildings
will be designed to work together. Institutional -
quality building materials and landscape design will
support memorable buildings that become Tukwila
South's image in the Puget Sound. Establishing dear
boundaries and gateways for the project will help
define Tukwila South in its environment.
PRINCIPLE #7: CONNECTIONS
Tukwila South will connect externally to neighboring and regional assets, as well as
internally by connecting its districts and their uses.
The Tukwila South Master Plan connects the project to its surroundings on many
different levels:
Extending Southcenter Parkway through the site to 5 200th Street not only
connects the property to regional infrastructure, but allows efficient circulation for
the site's users and creates a new gateway to the Tukwila Urban Center.
Relocating S 178th Street connects adjacent neighborhoods to Tukwila South's
new neighborhood goods and services and provides an access point with
greater capacity and safety.
CO LLINSWO ERMAN
Selecting retailers compatible with Southcenter's existing tenants will
allow Tukwila South to connect to Tukwila's reputation as a regional
retail center.
— The five-minute connection to SeaTac Airport will draw airport tenants,
travelers and businesses seeking international relationships to Tukwila
South. A future non -auto -based transportation link will further enable
the growth of airport -dependent users.
Providing pedestrian connections throughout the project — from
district to district, district to trails and amenities, and district to
surrounding neighborhoods — will encourage non -auto -based trips
and attract residents and employers.
Strategically locating public parking will create a"park-once"
environment that makes it easy for pedestrians to connect to site
amenities, goods and services, jobs, and housing.
pm-0pH#8: Av"ImvITI
Tukwila South will create a comprehensive amenity system that leverages
the site's assets.
The Tukwila South project is perfectly
positioned between two of the area's most
striking natural amenities: the wooded
hillside to the west, and the Green River
to the east. Each of these offers almost
unlimited recreational opportunities, as well
as views of the river valley and Mt, Rainier.
The appropriate mix of goods and services on the site will be viewed as
an amenity to housing and office users that will allow Tukwila South to be
highly competitive in the Puget Sound marketplace, and the pedestrian
quality of the project's secondary road system will foster an activated
streetscape that will make Tukwila South highly desirable.
Finally, the Master Plan will ensure the site's access to nearby amenities
such as SeaTac Airport and Tukwila Urban Center's retail hub will be easy
and convenient.
PRINCIPLE #9: IMPLEMENTATION STRATEGY
Development must be strategically phased to successfully transition Tukwila South
from an agricultural and industrial property to an urban destination.
While many of the site's infrastructure and planning features will be designed
and built in the initial phase, flexibility must be maintained throughout the vertical
development of the districts and the secondary roadway and amenity systems. This
flexibility is required to meet changing market conditions.
The Infrastructure Development Phase is expected to take three years and is
scheduled for the years 2006-2008. At the end of this phase, all of the site's spine
infrastructure will be in place.
Discussions with potential tenants and
development partners have been ongoing
concurrent with the planning and infrastructure
development efforts. Completing the site's
infrastructure all at once will create a sense of
certainty about the development's future. The site's
first new tenants will take occupancy soon after the
completion of infrastructure development.
PRINCIPLE � 10: ENVIRONMENTAL STEWARDSHIP
The Tukwila South project has a huge stake in protecting and enhancing the site's
natural environment.
The Segale family takes its role as stewards ofTukwila South's environment seriously
not only because it is the right thing to do, but because sustainable projects have
greater market acceptance. Environmental enhancements include:
Protection and enhancement of pasture wetland and improvement of ditches
conveying natural drainage into streams capable of supporting fish rearing and
creating nearby "flood -flow refuge"fish habitat within the Green River channel.
— Tributary stream fish habitat with associated restored wetlands and flood flow
refuge on the Green River mainstem were historically present throughout the
lower Green River basin, but are now missing and therefore habitat -limiting for
fish and a variety of wildlife.
Provisions for the re-creation
of valuable habitats out of
degraded agricultural ditches.
In the process, the aquatic
habitat enhancement plan will
mitigate for filling peripheral
and isolated wetlands and
ditches now located in active
croplands.
Enhancement of Johnson
Creek into a fish -friendly
tributary connected to the
Green River.
— Creation of back -water fish
habitat in the Green River.
Restoration of a wetland
complex of approximately 32
acres associated with the
tributary drainage of the Green
River that was historically
present, but now absent in the
basin.
Sustainable planning concepts will include:
Integrated transit environments
"Park -once" site organization and pedestrian environments
Shared parking concepts
Redevelopment of surface parking lots
Creating internal natural environments with visual connections to
natural amenities
COLLMSVJ,
COLLNISWOERMAKI
COLLNISWOERMAKI
NA! iA NV= H 0 '
INTRODUCTION
The Tukwila South property Is defined by a steep hillside to the west and
the Green River to the east. Concentrated wetland areas and agricultural
ditches are found throughout the property's valley floor. Due to the space
constraints set by the hillside and the Green River, some of the wetlands
and ditches will be impacted in order to achieve project objectives. Due to
these impacts, this section summarizes the proposed enhancements and
open space network for the property.
OPEN SPACE NETWORK
concentrated area of pasture wetland will be protected and
enhanced, in combination with improving the associated ditches
conveying natural drainage into streams capable of supporting fish
rearing and creating nearby "flood -flow refuge"fish habitat within the
Green River channel.
— Tributary stream fish habitat with associated restored wetlands and
flood flow refuge on the Green River mainstem were historically
present throughout the lower Green River basin, but are now missing
and therefore habitat -limiting for fish and a variety of wildlife.
The Master Plan will provide for the re-creation of these valuable
habitats out of degraded agricultural ditches. In the process, the
aquatic habitat enhancement plan will mitigate for filling peripheral and
isolated wetlands and ditches now located in active croplands.
If residential uses occur on the site, neighborhood parks or access to
existing parks in the area will be provided.
Existing Johnson Ditch,
looking west
COLUNSWDERMAN
Existing agricultural uses
along 5 204th Street,
looking northeast
Existing agricultural uses
along the Green River,
looking south
Overall Natura Cnvironment Lnhancemwtts fopen
spce Network',
Work with the City of Tukwila to build / create a pedestrian bridge from the
property to Briscoe Park and the Green River Trail network.
Enhancement of Johnson Creek into a fish -friendly tributary connected to the
Green River
— Creation of back -water fish habitat in the Green River
Restoration of a wetland complex of approximately 32 acres associated with the
tributary drainage of the Green River that was historically present, but now absent
in the basin
— Preservation of approximately 50-60 acres of hillside along the western valley wall
HILLSIDE
Portions of the hillside on the north end of the property will be graded and re -
landscaped to accommodate the relocation of 5 178th Street and to provide fill
material for the project.
On the south end of the site, north of S 200th Street, it is expected that portions
of the hillside will be graded to accommodate development. Special design
consideration will be covered within the design guidelines for this area.
The Tukwila South Project Sensitive Area Master Plan Overlay (SAMP)
will result in greater environmental benefits than could be achieved under
standard TMC Sensitive Areas Ordinance (SAO) provisions. The Tukwila
South project site is uniquely suited to provide substantial local and
regional habitat benefits. The site contains Johnson Ditch, a degraded
tributary to the Green River, that could be restored to functioning fish
habitat. Johnson Ditch is adjacent to over 30 acres of poor -quality
wetlands now in cropland production that could be rehabilitated as habitat.
The project is adjacent to the Green River where it is confined within levees
that have eliminated most off -channel habitat necessary for anadromous
salmon, affording an opportunity to create this type of habitat, which
regional Green River studies have identified as a high priority for salmon
population restoration.
The purpose of the Tukwila SAO under TMC 18.45.010 is to protect
the environment, human life, and property; to designate and classify
ecologically sensitive and hazardous areas and protect these areas and
their functions and values; and to allow for reasonable use of public and
private property.
By using the Master Plan provisions of the SAO, the Tukwila South
project developed a proposal consistent with project function and needs,
substantially
enhancing regional
fisheries and
wetland functions,
and preserving
water quality.
The net gain in
environmental
benefits using
the SAMP is far
greater from both
within -site and
regional habitat
benefits than could
be achieved using
standard TMC
SAO provisions.
By focusing on creating a net
environmental benefit as promoted
by the SAMP Overlay Provisions,
rather than on mitigation using
like -kind and avoidance measures
emphasized by standard TMC
SAO requirements, the Tukwila
South project will convert poor
quality agricultural ditches and
poor quality agricultural cropland
wetlands into higher quality fish
habitat and associated wetlands.
Rather than avoiding or retaining
ditches providing little or no fish
access and impairing the quality
of water delivered to the Green
River, the project will create a out -
migration holding, summer rearing,
winter refuge, and upstream
migration holding fish habitat in the Green River.
The need for this type of off -channel habitat at this location
is recognized by the Green River Habitat Limiting Factors
Analysis for Washington Resource Inventory Area (WRIA) 9.
Rather than avoiding Johnson Ditch and leaving it and poor -
quality buffers in place as required under standard TMC SAO
provisions, the project will relocate and restore Johnson Creek
in a larger channel with greatly enhanced fish passage to the
Green River through a fish passable floodgate, further opening
up off -channel habitat now regionally limiting to anadrornous
and resident fish in the Green River.
The SAMP calls for the project to rehabilitate more than 32
acres of degraded cropland wetlands and connect them in
a habitat corridor through the Johnson Creek channel to the
Green River.
Existing conditions
COL UNs0OrR0L§N
Relocation of the flood protection barrier dike from 5 196`h Street to the southern boundary of the site (approximately 120 to 140 feet north of 5 204:h Street) will
create contiguous buildable area and allow development of a large-scale campus environment. At its existing location, the flood protection barrier dike precludes
development south of the dike due to the infeasibility of obtaining flood insurance. The flood protection barrier dike will be relocated in the initial phase of the project
and will provide emergency flood protection to the entire site. It will extend from the Green River levee, across the valley at a corresponding elevation (35 feet).
As indicated, the relocated flood protection dike will separate the proposed realigned Johnson Creek and wetland rehabilitation area (described below) from the
developed portions of the site, and will provide for continuation of the existing hydrologic support to these areas.
EX1x TOM
EDrsa s
tifaO
t-- ExlxTpss wsourw
' tTYejeeLi
RELOCATED FL461
PROTECTION BARRIER
n:xr
Cross sectiun of relocated fluud protectiun barrier dike and relucated Juhnsun Creek
.. c'_ c. n: sac - z m r,. u
Plan view of relucated fluud prutectlon
barrier dike and relocated Johnson Creek
The Tukwila South Master Plan includes a number of activities that have the
potential to directly or indirectly affect fish. These include:
Extension and expansion of Southcenter Parkway
Realignment of 5 178' Street
Relocation of the existing flood protection barrier dike
Cconstruction of one new stormwater outfall into the Green River
Relocation of a portion of the Green River levee and construction of a new
off -channel rearing area for salmonids
Relocation and enhancement ofJohnson Ditch including a new stream
outfall location
— Filling or culverting of five fish -bearing agricultural ditches
Mass grading to increase site elevations
Section 18.45.160 of the Tukwila Municipal Code (TMC) provides an alternative
method for preservation of existing individual wetlands, watercourses, and their
buffers in situations where a master plan for alteration and mitigation would
result in improvements to water
quality, fish and wildlife habitat,
and hydrology beyond those
that would occur through strict
application of the provisions
of the TMC. The proponent for
the Tukwila South project will
develop the site and mitigate
environmental impacts under
a Sensitive Areas Master Plan
(SAMP) as allowed by the TMC.
WATER QUALITY
The construction and developed conditions water quality evaluation concluded
there is a reasonable expectation of preserving or slightly enhancing most
aspects of water quality important to fish habitat. The quality improvements are
expected from enhanced riparian functions and reduced agricultural chemical
use. While fecal coliform and zinc concentrations may increase slightly,
coliforms do not affect fish habitat quality, and the level of zinc would be well
below the level regarded as safe for freshwater aquatic life by the State of
Washington.
FISHERIES
Under the SAMP, the loss of agricultural ditches would
be mitigated by rehabilitation of wetlands and creation
and enhancement of stream channels.The natural
landscape would have approximately 3.8 acres of
additional open -water habitat compared to existing
conditions. About4.5 acres of new open -water habitat
would be created at the Green River Off -channel
Habitat Restoration Area and 0.34 acres at Johnson Creek to mitigate fill of 1.07
acres of agricultural ditch. In addition, approximately 32.4 acres of wetlands
associated with Johnson Creek would be planted and graded to enhance
functional benefits, and new riparian buffers would be created adjacent to each
open water area where none exists near watercourses under existing conditions.
SECT ION a - R
Green River Habitat Creation Area (Cross Section)
mu!NSWOERS..N
COLLNIS,V0En1i.
INTRODUCTION
The Infrastructure Development Phase is expected to take three years (currently
projected for the year 2006-2008 time period), and will include the following
elements:
Implementation of a mass grading program to establish site grades and
construct the major infrastructure elements
The extension and expansion of Southcenter Parkway in a new alignment
along the base of the western hillside through the Tukwila South planning
area
Realignment of 5 178" Street to intersect with Southcenter Parkway at
Segale Park Drive C
Installation of sanitary sewer, water, and other utilities within Southcenter
Parkway
Relocation of the existing flood protection barrier dike from S 196' Street to
the southern boundary of the site (north of 5 204" Street)
Installation of a temporary construction stormwater management system,
including a polymer treatment system for stormwater runoff
Installation of a comprehensive permanent stormwater control and water
quality system for the entire site, including two new stormwater outfalls into
the Green River
Implementation of a natural resource mitigation plan, of which the primary
features include: creation of an off -channel habitat restoration area adjacent
to the Green River; rehabilitation of a wetland complex associated with
tributary drainage to the Green River; and restoration ofJohnson Ditch into a
fish -friendly tributary connected with the Green River
It may be necessary in the future to relocate an existing fire station closer to
the project, or within the property.
SOOT -CENTER PARKWAY 8 S 178TH STREET REALIGNMENT
NT
The location of the expanded Southcenter Parkway is a critical elernentofthe
Master Plan. The goal is to move the new alignment toward the toe of the eastern
hillside. This creates the largest contiguous parcels for development, and allows
travellers on Southcenter Parkway to not only experience the development, but
the hillside as an amenity and open space. This location for the high -capacity
boulevard also allows space for a secondary road system that will create additional
transportation capacity as the project develops. S 178th Street will be realigned for
better east- west circulation and enhanced safety.
COLLINSWOERIv.AN
GRADING PLAN
TheTukwila South Master Plan proposes to establish site grades as part of
an overall mass earthwork program at the outset of Year 1. On -site movement
of approximately 1.5 million cubic yards of earthwork would be necessary to
establish site grades and for construction of major infrastructure components. A
temporary access road under 5 200" Street would be constructed to facilitate
transport of material between the north and south portions of the site.
The major areas proposed for excavation include the northwest portion of the
site and the proposed Green River Off -Channel Habitat Restoration Area. Major
fill areas for the excavated material include the new site for the flood protection
barrier dike and the other areas across the site to establish the sub -grade for
future development. It is anticipated that approximately 400,000 cubic yards of
imported fill would be required. Beginning in the second year of construction,
an additional approximately 500,000 cubic yards of clean fill dirt would be
imported for preloading and to establish finished grades, as needed for specific
development projects on the site.
The mass earthwork program would accomplish the following goals:
Balance the movement of earthwork on -site as much as practical, and limit
the degree of import and export of material from the site.
Establish cohesive sub -grades for the planned extension of Southcenter
Parkway and 5 178th Street realignment.
Provide a feasible subgrade for future site development under the Master
Plan.
Ensure a cohesive elevation for the planned utility connections (e.g.,
wastewater) to allow drainage to stormwater control and conveyance
facilities.
Allow installation of the comprehensive stormwater control system that is
intended to serve the site at full buildout.
Allow relocation of the flood protection barrier dike.
Allow implementation of key features of the proposed natural resource
mitigation plan in the initial phase.
By the year 2008, construction of the first phase of development will have begun.
The extension and realignment of Southcenter Parkway will be finished, mitigation
for environmental impacts will have been constructed, and all of the stormwater
detention and water quality infrastructure will be in place.
This page intentionally left blank.
COLLNIS,V0En1i.
THE STARTING POINT
The Tukwila South project has the opportunity to transition the property from an agricultural and industrial
property to an urban destination that will attract users and visitors beyond those who live and/or work there.
The synergistic mix of uses and the full range of planned activities will allow the Segale family to build a
community over time.
While we believe this property will develop in phases, the market may require that development occur in
multiple locations at the same time. This is why the commitment was made to develop the infrastructure
first. This will allow the property to address the total market from Day One.
N aoncdatiwoillnbeodf utseersmhinoed nboy nmtahriks Pt aorcaeres.cncpt"'
THE STARTING POINT- PHASE
Due to the proximity of the Tukwila Urban Center,
current market demands indicate a need for
neighborhood -oriented retail. It is likely the first
phase of development would occur on the north
and central portions of the property.
COLLINSWOEWAN
THE NET STEP = PHASE
'_
Expansion and market demands will allow the
campus environment to expand to the south
toward S 200th Street.
Conceptual Phase
Development Program
200,000 sr Retail
- Grocery Store
-Drug Store
-Restaurants
- Dry Cleaners
- Deli
-Neighborhood Services
200 Residential Units
Up to 250,000 sf Office and
Research & Development
THE FINAL STEP _ PHASE
?
Due to the existing uses within the Segale
Business Park, it is likely this area would be the
last to redevelop.
This page intentionally left blank.
COLLiNISWDERM.
COLLNISWOERMAKI
1 APPENDIX
BACKGROUND
GROUND
The Segale family has been systematically assembling this parcel for more
than 50 years. While there have been discussions about development
and markets that could have filled the property with many of the retail and
industrial uses common to this part of the valley, the land has yet to see its
first significant development.
Due to the fact the Segale family has entered into the entitlement process
and is prepared to build this unique regional asset, the City of Tukwila and
the Segale family share in the opportunity to shepherd its development.
Both parties also share in the responsibility to meet the site's full potential as
an exciting and robust new regional employment center.
Outlined below are the site's context elements that, taken together, create a
glimpse of that potential:
Heritage of the Segale family: The family has
lived on the property for three generations and has
assembled the property over the last 50 years.
Heritage of the Green RiverValley: The Kent Valley
has long drawn institutional real estate investors in
industrial and large retail developments. The new
kinds of development Tukwila South introduces to
the valley will benefit from the same advantages
(outlined below) that have contributed to the
success of the area's traditional uses.
Natural beauty: With commanding views
of Mt. Rainier from the property's mile -long
hillside as well as views of the Green River and
sweeping vistas of greenery, Tukwila South offers
wonderful opportunities for amenities and recreation,
Puget Sound and Northwest traditions: The region's
pioneering culture is nationally recognized for its
ability to create new industries from scratch as well
as reinvent established industries. Tukwila South has
the opportunity to furtherthis tradition by establishing
a major new employment center based on jobs that
create intellectual property.
Authenticity: Tukwila South must be authentic to its physical and
historical context, and to the opportunities that will drive its success.
It must reflect the values of the Northwest culture: community,
sustainability, diversity, and healthy life-style.
Tukwila Urban Center: The regional mall and the
surrounding retail uses represent one of four major retail
environments in the greater Puget Sound area. Home to
in excess of 3 million square feet of goods and services,
our neighbor to the north is already considered a regional
destination.
SeaTac: Within a 5-minute drive, SeaTac International
Airport is the largest investment of public transportation
infrastructure in five Western states. More than 25 million
travellers use SeaTac every year.
Adjacency to transportation infrastructure: Located at the
crossroads of the state's two busiest interstate highways,
Tukwila South offers potential businesses and residents
several convenient access points to both 1-5 and I-405.
Agricultural and wetlands to the near south: Because of the
site's size, large undeveloped tracts of land wit be set aside
for wetlands protection and enhancement, and stormwater
management.
Diversity: South King County currently supports one of the
region's most economically and socially diverse populations.
New jobs, goods and services, housing, and public services
will need to address this diverse citizenship and create a
welcoming place for all.
With this background as our starting point, we have created guiding principles for
the Tukwila South Master Plan. It is from these that our development plan has been
conceived.
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COLLINSWOERMA N
EXHIBIT 5
Calculation of Existing Development Trips
89
Exhibit 5: Calculation of Existing Development Trips
Effective Date: April 10, 2025
Existing Uses 2009 EIS _ _� - Summary of Trips by Land Use from Exhibit 11 in 2009 DA
Inbound
Former Segale Business Park (Clarion)
warehouse 910,140 98
office 124,704 61
manufacturing 149,034 37
Gaco Mitchell (warehouse)
Gaco
Mitchell
Outbound Total
298 397
298 359 RESIDENTIAL
66 103 OFFICE
WAREHOUSING
DRIVING RANGE
42,746 5 14 19 MANUFACTURING
42,430 5 14 18 LIGHT INDUSTRIAL
In Out Total
5 2 7
79 384 463
138 420 558
36 45 81
37 66 103
3 26 29
298 943 1,241
Prato District (Segale and MAS)
seattle tractor (light industrial) 29,086 3 26 29
old construction office 8,595 4 21 25 OFFICE 160,898
driving range 13,195 36 45 81 WAREHOUSING 1,279,922
981 warehouse 284,606 30 93 124
981 office 27,599 14 66 79
residental (7) 22,681 5 2 7
total sq. ft.
1,654,816 298 943 1,241
(1) The purpose of this spreadsheet is to show the calculation of Existing Development Trips for the 2025 Development Agreement between the City,
Segale Properties, and MAS. The Existing Development Trips were based on land use at the time of the 2009 Development Agreement and EIS.
(2) Although the former Segale Business Park is now owned by others (Clarion, Continental Mills, etc.) and not subject to the 2025 Development
Agreement, those Existing Development Trips are shown here for historical context.
(3) Trips are all PM Peak Hour trips.
EXHIBIT 6
Prato District Credit Trips Ceiling Tracker
91
Exhibit 6, Page 1: Prato District Credit Trips Tracker
Effective Date April 10, 2025
Existing Uses
Existing Development Trips
Credit Trips from Demolished Uses
Sq. Ft.
Inbound
Outbound
Total
Clarion (Former Segale Business Park)
warehouse
910,140
98
298
397
office
124,704
61
298
359
manufacturing
149,034
37
66
103
Subtotal
1,183,878
196
662
859
Gaco
42,746
5
14
19
Mitchell
42,430
5
14
18
Prato (SegaLe and MAS)
Sq. Ft. Inbound
Outbound
Total
seattle tractor (light industrial)
29,086
3
26
29
old construction office
8,595
4
21
25
Construction office
8,595
4
21
25
driving range
13,195
36
45
81
Driving range
13,195
36
45
81
981 warehouse
284,606
30
93
124
Warehouse
0
0
0
0
981 office
27,599
14
66
79
Office
0
0
0
0
residentaL (7)
22,681
5
2
7
ResidentiaL (7 homes)
22,681
5
2
7
Subtotal
385,762
92
253
345
Subtotal
44,471
45
68
113
Total
1,654,816
298
943
1,241
Total Credit Trips
44,471
45
68
113
(1) The purpose of this spreadsheet is to track the number of available Credit Trips aLLowed under the 2025 DeveLopment Agreement between the City,
SegaLe Properties, and MAS. Under the DA, Segale Properties may use the available trips as credits instead of paying traffic impact fees on that number
of trips for new deveLopment in the Prato District.
(2) SegaLe Properties may assign Existing Development Trips as a credit against trip generation from new development to the extent existing uses are
permanently discontinued and/or existing structures are removed. SegaLe and City wiLL update this information when structures are demoLished and
when new development uses Credit Trips to reduce traffic impact fees.
(3) The Existing Development Trips were based on the 2009 EIS. After the expiration of the 2009 Development Agreement, Credit Trips onLy apply for the
Prato District. The Existing DeveLopment Trips for non -Prato District properties are shown above for historicaL context.
Credit Trips Tracking
Sq. Ft. Inbound Outbound Total
Total Credit Trips 44,471 45 68 113
Used for Construction
Office (PL10-005) - - - -
Subtotal
Available Credit Trips 44,471 45 68 113
Notes:
Office (PL10-005) did not receive trip credits.
Exhibit 6, Page 2: Prato District Trip Ceiling Tracker
Effective Date : April 10, 2025
Sq. Ft. Inbound Outbound Total
Trip Ceiling (Net New Trips) per DA 10,300,000 2,646 7,520 10,166
Total Trip Credits (from demolished uses) 44,471 45 68 113
Trip Ceiling with Trip Credits 2,691 7,588 10,279
Segale New Construction Since 2009
Office (PL10-005)
Subtotal New Construction
Trips Remaining Under Ceiling and Credits
55,462 18 111 129
55,462 18 111 129
2,673 7,477 10,150
(1) The purpose of this spreadsheet is to track the number of net remaining PM peak hour trips
allowed under the Trip Ceiling plus Credit Trips according to the 2025 Development Agreement.
Per the 2025 DA, the Trip Ceiling and Credit Trips only apply to property in the Prato District.
(2) The trip ceiling is from the 2009 EIS and 2025 development agreements.
(3) New construction will be added to this list when it a building permit is issued and may be
deleted from this list if never completed.
93
EXHIBIT 7A
Expansion Areas Legal Description
94
EXHIBIT 7A
EXPANSION AREAS LEGAL DESCRIPTION
EXPANSION PARCEL #1: 352304-9014
THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., LYING EASTERLY OF ANNA MESS COUNTY ROAD
(SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) AND
SOUTHWESTERLY OF A LINE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN
THE SOUTHEASTERLY MARGIN OF SAID ANNA MESS COUNTY ROAD
(SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH), WHICH POINT IS
MARKED BY AN IRON PIPE AND FROM WHICH POINT THE SOUTHWEST CORNER
OF SAID GOVERNMENT LOT 6 BEARS SOUTH 00° 58' 10" WEST 313.17 FEET SOUTH
AND NORTH 89° 01' 50" WEST 505.54 FEET, SAID DISTANCES BEING MEASURED
RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH BOUNDARY LINE
OF SAID GOVERNMENT LOT, THENCE SOUTH 67° 36' 00" EAST 380.45 FEET TO AN
IRON PIPE; THENCE CONTINUING SOUTH 67° 36' 00" EAST 50 FEET, MORE OR LESS,
TO THE BANK OF GREEN RIVER; SITUATE IN THE CITY OF TUKWILA, COUNTY OF
KING STATE OF WASHINGTON.
EXPANSION PARCEL #2: 352304-9081
THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM
WHICH THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 7 BEARS SOUTH
00° 58' 10" WEST 313.17 FEET AND NORTH 89° 01' 50" WEST, 505.54 FEET, SAID
DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG
THE NORTH BOUNDARY LINE OF SAID GOVERNMENT LOT, SAID POINT BEING
MARKED BYA CONCRETE MONUMENT SET BY R. W. JONES AND ASSOC.
ENGINEERS AND SURVEYORS ON OCTOBER 4, 1996; THENCE SOUTH 67° 36' 00"
EAST 248.63 FEET; THENCE SOUTH 23° 57' 22" WEST 352.69 FEET TO THE TRUE
POINT OF BEGINNING; THE NORTH 66° 02' 38" WEST 250 FEET, MORE OR LESS TO
THE EAST LINE OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY,
FORMERLY 57TH AVENUE SOUTH); THENCE NORTH 23° 27' 22" EAST 5.14 FEET TO
THE NORTH GOVERNMENT LOT 7; THENCE SOUTH 89° 01' 50" EAST TO BANK OF
GREEN RIVER; THENCE SOUTHWESTERLY ALONG SAID RIVER BANK, TO A POINT
THAT BEARS SOUTH 66° 02' 38" EAST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 66° 02' 38" WEST TO THE TRUE POINT OF BEGINNING; SITUATE IN
THE CITY OF TUKWILA, COUNT OF KING, STATE OF WASHINGTON.
95
EXPANSION PARCEL #3: 352304-9082
THAT PORTION OF GOVERNMENT LOT 7, SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY
MARGIN OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY
57TH AVENUE SOUTH) IN GOVERNMENT LOT 7, IN SAID SECTION AT A POINT
SOUTH 89°03'20" EAST 1,656.75 FEET AND NORTH 00°56'40" EAST 1,048.79 FEET
NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35;
THENCE SOUTH 08°13'05" EAST 36.70 FEET; THENCE SOUTH 19°59'25" WEST 520.10
FEET; THENCE SOUTH 73°05'40" EAST 233.32 FEET; THENCE NORTH 16°29'55" EAST
474.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
16°29'55" EAST 100 FEET; THENCE SOUTH 64° 17'20" EAST 232.26 FEET TO THE
BANK OF GREEN RIVER, THENCE NORTHERLY ALONG SAID BANK OF GREEN
RIVER TO A LINE ESTABLISHED BY DEED RECORDED UNDER KING COUNTY
RECORDING NO. 7308030425; THENCE ALONG SAID LINE NORTH 66°02'38" WEST
250 FEET TO A POINT OF THE EASTERLY MARGIN OF COUNTY ROAD WHICH
BEARS SOUTH 25°01'18" WEST 5.14 FEET FROM THE NORTH LINE OF SAID
GOVERNMENT LOT 7; THENCE SOUTH 25°01'18" WEST ALONG SAID ROAD MARGIN
TO A POINT SOUTH 89°03'20" EAST 1,656.75 FEET AND NORTH 00°56'40" EAST
1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF
SAID SECTION 35; THENCE SOUTH 08°13'05" EAST 36.70 FEET; THENCE SOUTH
19°59'25" WEST TO A POINT WHICH BEARS NORTH 66°02'38" EAST FROM THE TRUE
POINT OF BEGINNING; THENCE SOUTH 66°02'38" EAST 211.14 FEET TO THE TRUE
POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF WASHINGTON.
96
EXHIBIT 7B
Frager Road/Southcenter Parkway R.O.W.
97
EXHIBIT 7B
FRAGER ROAD / SOUTHCENTER PARKWAY R.O.W.
,0001111111Nolloohl
SCALE 1" = 100'
SAT-2
LOT 2
FDT- 7
8700400100
FDT-3
8700400060
3523049014
3523049081
3523049082
LEGEND
DENOTES FRAGMENTED PART TO
TO SEGALE PROPERTIES LLC
AT TIME OF FUTURE VACATION
DENOTES AREA GRANTED BACK TO
SEGALE PROPERTIES LLC AS TAKEN
FROM ORIGINAL PARCEL NO. 3523049017
(NOW PARCEL NO. 8700400100)
H:\PARKWAY 2013\PARKWAY 2011\dwg\FRAGER RD FUTURE VACATION SKETCH 2025.dwg
98
EXHIBIT 8
Vested Development Regulations
ON FILE WITH CITY
accessible on this site:
http ://records.tukwilawa.gov/WebLink/ 1 /edoc/43 205 3/page 1. aspx
99
EXHIBIT 9
Proposed Orillia Road Connector
100
L
1
EXHIBIT 9
ORILLIA ROAD CONNECTOR
TUKWILA SOUTH
DEVELOPMENT AGREEMENT
SEGALE
I' ER Nl ES
101
EXHIBIT 10
Impervious Area Tracking Map and Tukwila
South -Prato District Impervious Surfaces Tracking
Spreadsheet
COLOR COPY OF EXHIBIT 10 IS ON FILE
WITH THE CITY
102
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EXHIBIT 10
IMPERVIOUS AREA
TRACKING MAP
03
EXHIBIT 10
Tukwila South -Prato District Impervious Surfaces Tracking Spreadsheet
Notes:
* The `Allowed Impervious Total Area" for each basin was determined by the Technical Information Report (TIR, dated
May 2010, revised March 4, 2011), approved as part of the PW10-064 Grading Permit, which approved 85% coverage
in each individual basin.
** Basin areas are calculated only within the project boundary and exclude any off -site impervious assumptions.
North Basin Allowed Impervious Total Area (acres):
95.21
South Basin Allowed Impervious Total Area (acres):
141.48
Total Allowed Impervious Area (acres)
236.69
North Basin Development (Maximum allowed impervious area: 95.21 acres)
Project Name
Permit Approval #
Date
Impervious Area
Total Developed Basin Impervious Area (in acres)
Total Remaining Impervious Area Allowed (in acres)° 95.21°
South Basin Development (Maximum allowed impervious area: 141.48 acres)
Project Name
Permit Approval #
Date
Impervious Area
Total Developed Basin Impervious Area (in acres)
Total Remaining Impervious Area Allowed (in acres) 141.48j
104
EXHIBIT 11
Stormwater Monitoring
105
EXHIBIT 11
Stormwater Monitoring
To ensure that future development supports the current water quality goals of the State of
Washington and preserve the City's ability to manage its municipal separate stormwater system
("MS4"), key water quality and quantity metrics will be monitored and reported as part of the
Periodic Review.
Background Information
The below stormwater monitoring framework is intended to provide the City with data to
assist in its evaluation of ultimate City discharges to the Green River and to separate North Pond
discharge constituents from State discharges from Interstate-5 or other runoff to the S. 180th St
pump station.
The level of development of Tukwila South to date has consisted of grading and
construction of Utilities and Stormwater Infrastructure. Throughout and following this grading
and infrastructure development, the site remains in a temporary erosion sediment control
condition ("TESC Condition') prior to land use development. While the site remains in TESC
Condition there is no stormwater discharge to surface waters (i. e. the Green River) other than
periodic pumping from the South Stormwater Facility to the river. All designed outlets from the
North and South facilities remain inactive and site runoff is drained or pumped to the South
Stormwater Facility for storage and treatment prior to this periodic pumping to the river.
Until Tukwila South activates the permanent designed outfalls from the facilities, the site
remains in TESC Condition. Testing of the five metrics listed above will be tested in addition to
turbidity and pH consistent with the requirements of the Dept. of Ecology's Construction
Stormwater General Permit ("CSWGP') at least once annually during any of these periodic
pumped discharges. The site will remain in TESC Condition until a level of land use development
necessitates the activation of the permanent design outfall systems from the facilities and there
are no longer pollution generating activities causing high turbidity and pH concerns from
sitework construction.
Following the activation of the permanent design outfall systems from the facilities
and approval from Ecology for the Notice of Termination form under the CSWGP,
procedures for sampling and testing the five metrics listed below shall commence at both
facilities. Until that time, testing will only occur at the South Stormwater Facility.
Exhibit 11 - Page 1
106
Testing Requirements
The following list of water quality metrics shall be tested for, measured, and reported on:
Metric
Unit of
Measure
Current Standard
References
Total Suspended
Solids
mg/L (ppm)
25 mg/L (during construction
phase)
Within the Mean range from
1.0 to 202.0 mg/L
King County Streams
Monitoring, Green 0311,
Construction Stormwater
General Permit SOP
Temperature
Degrees
Celsius
17.5 degrees Celsius (highest
7-DAD max)
WAC 173-201A-200, EAP011
Version 2.1
Dissolved
Oxygen
mg/L (ppm)
10 mg/L or 90% saturation
WAC 173-201A-200,
EAP023, Version 2.5
Alkalinity /
Acidity
pH
6.5-8.5; human -caused
variation of <0.5
WAC 173-201A-200, EAP031
Version 1.5
Conductivity
mSTEMS/cm
Within the Mean range from
44.4 to 225.0 mSIEMS/cm
King County Streams
Monitoring, Green 0311,
EAP032 Version 2.2
This testing shall be performed annually, at a minimum, during the first fall storm event
of each year ("first flush"). The first fall storm event is defined as the first occurrence of
precipitation after October 1st that results in a discharge. First flush samples shall be collected
within 24 hours of start of discharge and follow the Department of Ecology's stormwater
monitoring guidance for each parameter contained in Ecology's Environmental Assessment
Program (EAP). Standard Operating Procedures (SOP) can be found in the Statewide River and
Stream Ambient Water Quality Monitoring publication.
• Monitoring the South Stormwater Facility discharges to the Green River shall
demonstrate consistency with the above standards.
• Monitoring of the North Stormwater Facility will commence upon activation of
the permanent design outfall systems from the facilities and approval from
Ecology for the Notice of Termination (NOT) form under the CSWGP.
Flow Monitoring Requirements
Following the activation of the permanent design outfall system for the North Storm
Water Facility (North Pond), Segale agrees to collect and provide flow data from North Pond
discharges to the City's MS4 system.
• Data reporting will be annual and will include total annual and maximum daily
discharge from the North Pond.
4919-0557-8096, v. 1 Exhibit 11 - Page 2
107