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Home My WebLink AboutCOW 2012-06-25 Item 4A - Discussion - Tukwila Potential Annexation Area - North HighlineCOUNCIL AGENDA SYNOPSIS ITEM NO. C,�u coil review A- i 3 4.A. ITEM INFORMATION STA r SPONSOR: MINNIE DHALIWAL ORIGINALAGI NDA DA'rE: 6/25/12 A(;I�ND.\ I' kNI TITLE; Tukwila's Potential Annexation Area (PAA) -North Highline Discu.:rion Motion Resolution Ordinance Bid Ai and Pu6lic.Heariii ❑Other tl4tg Dale 06125112 11Itg Date Mtg Date Mtg Date Mtg Date Mtg Date 6125112 Aftg Date SPONSOR Council [:].Major FIR DCD Finance Fire IT P &R Police PIS SPONSOWS Conduct the public hearing on the 60% petition for annexation. SU \1 \'f. \RY RI; rl;wi;lD m, CO«t Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SP( )Nsc>R /ADN 1N. Department of Community Development CO NIMITITI Committee of the Whole COST IMPACT FUND SOURCE Exn`.NDPI'URV RI?QUIRI!D AMOUNT BUDGETED Fund Source: Transportation Cmte Planning Comm. APPROPRIATION REQUIRED I MTG.DATEI RECORD OF COUNCIL ACTION 05/21/12 I City Council accepted the 10% petition and authorized circulation of 60% petition 06/11/12 Forward to 6/25/12 for public hearing 6/25/12 MTG.DATEj ATTACHMENTS 05/21/12 Information Memorandum dated 5/17/12 Detailed procedures and flowchart of the petition method of annexation 10% petition including the map and legal description of the proposed annexation area 6/11/12 *Due to the situation evolving at agenda production time, updated information will be provided prior to the Council meeting. 6/25/12 Informational Memorandum dated 6/20/12, including Attachments A 1 Initials Meeting Date Prepared by /Ylayor'.r review 05/21/12 JP 06/11/12 JP 06/25/12 )P ITEM NO. C,�u coil review A- i 3 4.A. ITEM INFORMATION STA r SPONSOR: MINNIE DHALIWAL ORIGINALAGI NDA DA'rE: 6/25/12 A(;I�ND.\ I' kNI TITLE; Tukwila's Potential Annexation Area (PAA) -North Highline Discu.:rion Motion Resolution Ordinance Bid Ai and Pu6lic.Heariii ❑Other tl4tg Dale 06125112 11Itg Date Mtg Date Mtg Date Mtg Date Mtg Date 6125112 Aftg Date SPONSOR Council [:].Major FIR DCD Finance Fire IT P &R Police PIS SPONSOWS Conduct the public hearing on the 60% petition for annexation. SU \1 \'f. \RY RI; rl;wi;lD m, CO«t Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SP( )Nsc>R /ADN 1N. Department of Community Development CO NIMITITI Committee of the Whole COST IMPACT FUND SOURCE Exn`.NDPI'URV RI?QUIRI!D AMOUNT BUDGETED Fund Source: Transportation Cmte Planning Comm. APPROPRIATION REQUIRED I MTG.DATEI RECORD OF COUNCIL ACTION 05/21/12 I City Council accepted the 10% petition and authorized circulation of 60% petition 06/11/12 Forward to 6/25/12 for public hearing 6/25/12 MTG.DATEj ATTACHMENTS 05/21/12 Information Memorandum dated 5/17/12 Detailed procedures and flowchart of the petition method of annexation 10% petition including the map and legal description of the proposed annexation area 6/11/12 *Due to the situation evolving at agenda production time, updated information will be provided prior to the Council meeting. 6/25/12 Informational Memorandum dated 6/20/12, including Attachments A 1 x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM FROM: BY: DATE: SUBJECT: ISSUE Mayor Haggerton Committee of the Whole Jack Pace, Department of Community Development Director Minnie Dhaliwal, Planning Supervisor June 20, 2012 Tukwila's Potential Annexation Area North Highline. Should the City submit a Notice of Intention to Annex with the Boundary Review Board for Tukwila's Potential Annexation Area (PAA) North Highline? BACKGROUND On May 17, 2012, a request for annexation was received from the property owners representing at least 10% of the assessed value of the proposed annexation area. On May 21, 2012, the City Council accepted the 10% petition and authorized the circulation of the sixty percent petition. On June 5, 2012, the property owners representing at least 60% of the assessed value of the proposed annexation area of Tukwila's PAA submitted their petition to commence annexation proceedings (Attachment C). King County Assessor validated the petition on June 7, 2012 (Attachment D), and on June 11, 2012, Council set the public hearing date for June 25, 2012. DISCUSSION A. Potential Annexation Area Characteristics: Tukwila designated the North Highline area as a potential annexation area in the City's Comprehensive Plan in 1995. Attachment A is the map showing the proposed annexation boundaries. The total area of the PAA is approximately 166 acres, including rights of way. The boundaries include the parcel number 5624200132, which was in Burien's PAA. Due to split ownership issues Burien did not include it in its annexation boundary and has written a letter to Tukwila not objecting annexation of this parcel to Tukwila. Also, the legal description of the annexation area states southern boundary of S. Director Street. The boundary of City of Seattle is a straight line along S. Director Street and does not include a small jog along the south side the street. In order to comply with RCW 35.02.170, the proposed annexation boundaries follow the south margin of the street. There are a total of 25 parcels 97,616,700 in total assessed value. The list of parcels is included in the Attachment E. The list of businesses in the area includes Delta Marine; Duwamish Yacht Club; Seattle City Light (28.5 acres), consisting of a substation and vacant lot; limousine business; gas station; auto repair; various multitenant buildings primarily light industrial, with some office and retail. Latest census info shows 41 residents, including 22 Households in 47 units, most likely living on boats at the Duwamish Yacht Club. As of 3/10/2010, there were 18 registered 3 INFORMATIONAL MEMO Page 2 voters within the PAA, 17 of which voted in the 2009 General Election (Source: KCO Elections Dept). Duwamish Yacht Club has confirmed that there are 18 live aboards on the property at this time. Area is currently zoned Industrial by King County. Tukwila Comprehensive Plan designates this area as Manufacturing Industrial Center /Heavy (MIC /H) and two parcels that are adjacent to some residential uses are designated as Manufacturing Industrial Center /Light (MIC /L). See Attachment J. Surrounding Area: Property across the Duwamish River in Tukwila is zoned MIC /H. To the north, Seattle zoning is Single Family 5000 with General Industrial along the Duwamish, and to the east the area is zoned General Industrial. B. Annexation Process: Pursuant to RCW 35A.14.130, when a 60% petition is filed with the City, the legislative body may entertain the same, fix a date for a public hearing and cause notice of the hearing to be published in one or more issues of a newspaper of general circulation in the city. The notice shall also be posted in three public places within the territory proposed for annexation and shall specify the time and place of hearing and invite interested parties to appear and voice approval or disapproval of the annexation. The notice of public hearing was published in the Seattle Times; three notice boards were posted in the annexation area; and mailed to all the property owners and agencies with interest. Additionally, staff hosted an open house on June 20, 2012, to answer any questions related to the annexation. The notice for the open house was also mailed to property owners and businesses in the area. It was also posted on the City's website. After the public hearing the Council will make a decision whether to annex this area and what zoning to adopt for the area. If Council decides to annex then there are additional steps required before the annexation is complete including filing a Notice of Intent to annex with the Boundary Review Board (BRB). If BRB approves Tukwila's request, the City Council will then adopt an ordinance with an effective date for the annexation and adopt the zoning for the area. See attached handout on the process involved with the petition method of annexation. (Attachment F). C. Revenue and Expenditure Analysis See attached spreadsheet (Attachment G) for anticipated revenue projections for this area, with a total of approximately $487,000 projected per year for general fund and $81,000 per year for storm water enterprise fund. These projections are approximate and do not include utility tax, as data showing actual usage was not available at this time. Also, the exact number of employees in the area could not be ascertained at this time. Summary of the expected revenue 6% Utility Tax on telephone, gas, electricity, cable solid waste providers. Need usage information to determine revenue. $90,920 per year in Storm Drainage fees storm water utility tax Sales Tax City will receive 0.84 of revenue generated by sales tax within the area. For example, based on taxable sales in 2010, the City would have received $163,286. $67 per employee in Business License fees and RGRL Approximately $287,969 in property taxes ($2.95/$1000 AV). Summary of expected expenses: 0 INFORMATIONAL MEMO Page 3 There will be some ongoing road maintenance costs and costs for storm drainage catch basin clean up. No additional staff or equipment costs are anticipated for these maintenance actions. There may be some one -time expenses related to studying the extent of contamination issues. City Departments have determined that Tukwila will be able to adequately service this area with the existing staffing levels in all departments. D. City Services: Listed below is a brief discussion of different city departments and the anticipated service to the area: Public Works Department: Traffic, Street Maintenance, and Storm Water Management; The county maintained roads include S. 93 Id St, S. 96 St, 14 Ave S, portion of Des Moines Memorial Drive, and West Marginal PI S. King County Assessor's map indicates 15 Ave S is also a public street. The County maintained streets are shown on County Roads Map below: l� f e y 4} E 9j t m S Barton St D, it .inns P S 93rd St t•Jemr !01 C S 44411 ILI 1 ff S gF S b 468 L}. 4678 In Sg gth ST' P 2 i S 100th St ?Sr> The additional 16,490 lane feet of public streets and 6,600 lineal feet of storm pipes will be cleaned and maintained within the constraints of our existing budget and additional storm water fees collected from the area. Incrementally the additional maintenance workload is manageable. An unknown risk is whether or not there is any contaminated waste in these King County public right -of -ways or public storm drains and /or ditches. See discussion below under item F- Potential Risks and Liability. The water system in this area is owned, operated and maintained by Water District 20 and Seattle Public Utilities, therefore there is no impact to the City of Tukwila. The sanitary sewer system is owned by Valley View Sewer District, and there is no impact to the City of Tukwila. 5 INFORMATIONAL MEMO Page 4 Fire Department: Fire Department has determined that Tukwila is able to adequately serve the area and will either meet or exceed the existing response times. This area is currently served by North Highline Fire District (NHFD- Fire District 11). Tukwila Fire Department and NHFD provide mutual aid. The Fire Department will issue sprinkler system and fire alarm permits. Also, annual inspections will be performed by the Fire Department. New development will be subject to fire impact fees. Under State Law NHFD would be required to transfer assets and a proportionate share of its liabilities to the annexing city or fire district, based on the assessed valuation of the area annexed. City staff has met with the District 11 Fire Chief. More details on the assets and liabilities will be available as negotiations progress with District officials. See more detail under item F- Potential Risks and Liabilities. Police Response; Tukwila Police Department does not anticipate any impacts to the police department with increased calls for service. Police Department has conducted a water -side assessment of the N. Highline PAA with particular attention to the Duwamish Yacht Club Marina and Delta Marine dockside. Delta Marine is a secure facility with 24 hour on -site security. There are two approaches to Delta Marine; one approach is through the main gate and the other is from the dock side. With one of the Police /Fire boats docked at that facility, no access issues are anticipated during an emergency response. There are two approaches to the Yacht Club Marina. The water -side approach would be a few minutes delayed as a result of un- mooring the boat; however, there is adequate street side approaches to the individual live- aboard boats. In examining the King Co. CrimeReports.Com web site, crime reports for the last six months (November 18, 2011 May18, 2012) indicate no case reports at the Delta Marine facility or the Duwamish Yacht Club. Crime reporting for the light industrial complex and vicinity within the PAA shows 14 case reports taken for the last six months. These cases are primarily theft and burglary cases. With an average of slightly over two case reports per month, Tukwila Police does not anticipate significant impacts to the police department. Response times to this area will be similar to the response times in the north east T9 police reporting district. A priority police response from the Tukwila Main station is approximately 5 -7 minutes and from T9 district is less than 3 minutes. This area will be an addition to the T9 police reporting district. Community Development Department- Building and Permitting, Code Enforcement and Planning; Review of any new construction or tenant improvements will be handled by the Department of Community Development. Any land use or zoning issues will be addressed by the Planning Department and any code violations will be addressed by the City's Code Enforcement Officers. Department of Community Development will be able to adequately and efficiently serve the needs of the businesses to ensure compliance with city regulations. Department of Community Development does not anticipate any significant issues that cannot be addressed within the existing budget. A INFORMATIONAL MEMO Page 5 If the Council decides to annex this area, they must also adopt the zoning for the area. Tukwila's Comprehensive Plan designated this area as Manufacturing Industrial Center /Heavy (MIC /H) and two parcels west of 14 Ave S and south of S. Director St are designated as Manufacturing Industrial Center /Light (MIC /L). See comprehensive plan map for the area (Attachment J). Also, the different uses allowed in MIC /H zone; MIC /L zone; and the shoreline environment are listed under Attachment I. Parks Department No impacts anticipated. The Parks Department will participate in any planning efforts related to any future trails that are proposed or developed in this area. New development will be subject to parks impact fee. Tukwila Municipal Court No impacts anticipated. Finance Department Finance Department is not anticipating any impacts. E. How will annexation affect services for businesses and residents Property rates will be lower. Unincorporated King County PROPERTY TAXES Levy rates /per $1,000 assessed value State /County /Port Districts Road levy School Levy Fire Levy Library Levy EMS Levy Tukwila 4.06 2.25 2.40 1.61 0.57 0.30 Flood Levy' 0.11 Ferry Levy 0.004 City levy 4.06 0.00 2.40 0.57 0.30 0.11 0.004 2.95 Total Levy Rate 1 11.30 1 10.39 Tax rates based on King County Levy codes 3018 3030 and Tukwila levy code 2430 'Fire District 11 voted debt stays with the area until it is paid off Storm Drainage rates will decrease by approximately 49% for most developed sites. King County rate is $2,046.72 per acre and Tukwila rate is $1029.10 /acre. Business will be required to obtain business license and pay RGRL at the cost of $67 per full time employee. Sewer and Water rates will remain the same (same provider) Electricity rates will increase very slightly for commercial uses. Utility taxes for telephone, gas, electricity, cable solid waste will be levied on providers, and most likely passed on to consumer. Schools, libraries, animal control and bus service will not change. 7 INFORMATIONAL MEMO Page 6 Parks, permitting zoning, fire emergency medical services, police services, local road maintenance, and court services will be provided by the City of Tukwila. See attached handout (Attachment H) on how government services will change with the annexation. F. Potential Risks and Liabilities There are two areas of risk/liability related to the PAA overlap area: (1) Contamination issues and (2) LEOFF 1 Fire Pension Liabilities. Each of these is addressed below: Environmental Liabilities: An unknown risk is whether or not there is any environmental contamination in the right -of -ways or public storm drains and /or ditches in this area. This is due to the area's proximity to the Lower Duwamish Waterway (LDW) federal Superfund site. Ecology and the EPA are currently in the process of identifying potential sources of contamination that may be impacting the waterway. These potential sources include historical or current commercial industrial operations, contaminants entering the waterway from spills during product shipping and handling as well as surface runoff and storm water discharge. Through this identification process Potentially Responsible Parties (PRPs) will be identified to contribute to the clean -up efforts. The current owner or operator of the site will be named as a PRP (CERCLA Section 107(a)(1)). Therefore, this implicates the City in areas of ownership, upon annexation, such as streets and storm water outfalls. Under both state and federal law the owner /operator of an outfall is liable for contamination that is discharged from that outfall. This can also apply to upland drainage systems which contain contaminants. The city does not have complete data to determine the extent of contamination within the current drainage system in the annexation area or the number of potentially contaminated outfalls. Public Works Department has recommended an initial sampling and testing contract with a consulting firm at a cost of $17,850. In addition to outfalls, the City could be liable for the costs to clean up contamination in the right of way in the annexation area. Once the environmental sampling is done, a more complete analysis of this issue will be provided. LEOFF 1 Pension Liabilitv: State law requires annexing jurisdictions to fund the existing LEOFF I pension obligations of the Fire District. The magnitude of this liability will depend on the City's on -going negotiations with Fire Districts 11. City staff is meeting with Fire District 11 to clarify the issue and will report back to the City Council before City Council adopts the final ordinance. G. Timing of the annexation It is important to note that the timing when the annexation becomes effective determines when the city is able to collect taxes. Property Taxes For example, if an annexation is completed by August 1 of Year 1(2012), the city can levy taxes in November of Year 1 (2012) and receive its first substantial property tax revenue after April 30 of Year 2 (2013). If the annexation is not completed until August 2 (or later) of Year 1 (2012), the city will have to wait until November of Year 2 (2013) to levy its property tax and will not receive its first revenues until the spring of Year 3 (2014). INFORMATIONAL MEMO Page 7 Sales Taxes: Here are some examples of when sales taxes will be received for various dates of annexation. 1. Effective date of annexation, January 1. Taxes collected in the annexed area in January are coded to the city. The retailers remit the taxes to Department of Revenue (DOR) by February 25, and the city receives its first distribution on March 31. 2. Effective date of annexation, February 1. The city cannot levy its sales tax in the annexed area until April 1, the first date of the quarter after the annexation takes place. Taxes collected in April are remitted to DOR on May 25, and paid to the city on June 30. 3. Effective date of annexation, March 1. The city cannot levy its sales tax in the annexed area until April 1, the first date of the quarter after the annexation takes place. Taxes collected in April are remitted to DOR on May 25, and paid to the city on June 30. H. Intergovernmental and PAA Overlap Issues: Tukwila's PAA overlaps with City of Seattle's PAA in this area. Tukwila designated the PAA in 1995 and Seattle in 1996. The City of Seattle's PAA, Area Y, is much larger than Tukwila's PAA. The majority of Seattle's PAA overlaps with Burien's PAA. A much smaller area overlaps with Tukwila's PAA. See attached Regional PAA map. Seattle designated the portion that is currently an overlap with Tukwila as its PAA in 1996. Pursuant to Growth Management Act, Tukwila appealed Seattle's Comprehensive Plan amendments to Growth Management Hearing Board. Both cities resolved the dispute by entering into a Memorandum of Understanding for adjusting some illogical boundaries between the two cities. However, the boundary lines were not adjusted, even though the Memorandum of Understanding was signed. The city boundaries between Seattle and Tukwila, as well as the overlapping PAAs, have been extensively addressed during on -going discussions among King County, Seattle and Tukwila since 1997. In 1999, Tukwila, Seattle and King County prepared a draft Interlocal Agreement, in which Tukwila transfers the overlapping portion of its PAA (N. Highline area) to Seattle, in return for Seattle agreeing to rationalize existing city boundaries with Tukwila. However the agreement was never signed. In 2001, Tukwila adopted Resolution #1459 agreeing to revise their Comprehensive Plan map to eliminate the overlapping PAA with Seattle and to straighten boundaries as laid out in the draft Interlocal Agreement. However, these revisions were deferred by the Resolution until the Interlocal Agreement with Seattle and King County was finalized and signed. Burien and Seattle participated in the Dispute Resolution Program with King County and entered into agreement where Burien would annex the southern section of North Highline 'Area X' (shown as Burien Annexation Area on Attachment B) and Seattle would annex northern portion 'Area Y' (shown as Burien /Seattle PAA on Attachment B). Burien annexed the southern section of North Highline `Area X' in 2010. However Seattle is not pursuing annexation of 'Area Y' and is not objecting to Burien moving forward at this time with the annexation of `Area Y. On April 2, 2012, Burien adopted a resolution requesting King County to place on the Nov. 6, 2012, General Election ballot a proposition concerning annexation of the `Area Y'. Residents of the proposed annexation area would vote on whether to become part of the City of Burien. Burien's proposal for annexing Area Y went before Washington State Boundary Review Board for King County, which conducted a public hearing in January before voting to accept the proposal in February. If approved by voters, the annexation could take effect in spring 2013. R INFORMATIONAL MEMO Page 8 Seattle has chosen to not move forward with annexing the area that is an overlap with Burien's PAA, however was recently considering entering into an interlocal agreement with King County for the portion that is an overlap with Tukwila referred as 'Duwamish Industrial Triangle' and 'Sliver on the River' by Seattle. King County Countywide Planning Policy LU -32 establishes a process for resolving PAA overlaps in the North Highline area: 1. The cities and county should attempt to establish alternative non overlapping PAA boundaries through a process of negotiation. 2. Absent a negotiated resolution, a city may file a Notice of Intent to Annex with the Boundary Review Board for King County after the following steps have been taken: a. The city proposing annexation has, at least 30 days prior to filing a Notice of Intent to annex with the Boundary Review Board, contacted in writing the cities with the PAA overlap and the county to provide notification of the city's intent to annex and to request a meeting or formal mediation to discuss boundary alternatives, and; b. The cities with the PAA overlap and the county have either: i. Agreed to meet but failed to develop a negotiated settlement to the overlap within 60 days of receipt of the notice, or; ii. Declined to meet or failed to respond in writing within 30 days of receipt of the notice. Starting on April 6, 2011 Tukwila, Seattle and King County participated in the negotiations process that included using a Dispute Resolution Program and an external mediator, similar to the process used in the Burien /Seattle PAA overlap dispute. This was initiated by the City of Seattle by a letter dated February 23, 2011. There was no resolution of the overlap issues as Seattle was not interested in amending the boundaries due to negative revenue impacts. Mediation failed to resolve the issue of the overlap and thus, the parties were then able to pursue annexation under state law, having met the procedural prerequisite of mediation. FINANCIAL IMPACT Should the cost of potential contamination responsibility and LEOFF 1 liability be negligible, the fiscal analysis indicates that additional revenue will likely exceed the costs associated with the annexation. Staff will provide an update on this issue as soon as more analysis is completed. RECOMMENDATION Staff recommends that City Council schedule another meeting for staff to report back with additional information regarding potential contamination and LEOFF1 liability issues and address any other additional information that Council may want to make a decision. NEXT STEPS After the Council makes a decision on the annexation, staff will prepare an annexation packet for submission to the Boundary Review Board (BRB). Analysis of how the proposed annexation complies with Growth Management Act, County Wide Planning Policies, and BRB review criteria (RCW 36.93.170) is required to be submitted with the Notice of Intent to annex. After BRB approval City Council shall adopt an ordinance annexing the area to the City of Tukwila and adopting the zoning for the area. W INFORMATIONAL MEMO Page 9 ATTACHMENTS Attachment A: Map of Tukwila's Potential Annexation Area- North Highline Attachment B: Regional PAA map Attachment C: Signed 60% petition along with the legal description and the map of the area. Attachment D: Assessor's certification of the petition Attachment E: List of parcels and assessed value of the properties within the proposed annexation area Attachment F: Petition method of annexation procedures Attachment G: Anticipated revenue associated with the annexation Attachment H: Handout on how services will change with the annexation Attachment I: MIC /H and MIC /L zoning uses and development standards including shoreline use matrix Attachment J: Comprehensive Plan map of the PAA area 11 12 Attachment A We l IWE i l l.11zi �Il Z, Pil M I 0; 0' O�W Dig V 4.11 4 XV U r i al s L J W'U Ali :w x s 1�1 '�U t �1tlrrA �.Yr Stt �1i �y�� t�,�� r, o l ji' A i W Wf XM at, WVW. I inch 1,000 feet 13 I 0 S R 5 Attachment B FV z l�/n �e_ll J S�gb6i I C M C14 OAV C O 609 NS 00 (DI IM C4 C to Co_x I T Lc�w C �-C .0 L U_ r MS*OAV 8 pAle w q 0 CL I if *0 0 HP 15 I: Attachment C PETITION FOR ANNEXATION TO THE CITY OF TUKWILA, WASHINGTON The Honorable Mayor and City Council City of Tukwila 6200 Southcenter Boulevard Tukwila WA, 98188 Dear Mayor and City Council: ,UN 0 5' 2092 CITY OF TUKWILA CITY CLERK WE THE UNDERSIGNED, being OWNERS of greater than sixty percent (60 in value of the real property described on EXHIBIT A attached hereto lying in the potential annexation area of the City of Tukwila, Washington, do hereby petition that such territory be annexed to and made a part of the City of Tukwila, Washington under the provisions of RCW 35A.14, et seq., and any amendment thereto, of the State of Washington. The territory proposed to be annexed is within King County, Washington and is described on EXHIBIT A attached hereto and depicted on EXHIBIT B by a diagram which outlines the boundaries of the property sought to be annexed, also attached hereto. The City Council of the City of Tukwila met with the initiating parties at a Council meeting on May 21, 2012, and did accept the 10% Request for Annexation submitted by the annexation proponents, and authorized the circulation of this Petition for Annexation (60% Petition). The City Council did also determine that annexation would require: a) The simultaneous adoption of zoning as set forth in the City's Comprehensive Plan; and b) The assumption of any existing City bonded indebtedness that may exist at time of annexation. This page is one of a number of pages forming one petition seeking the annexation of territory to the City of Tukwila, Washington (as stated above), and may be filed with other pages containing additional signatures. RCW 35.21.005(4) and RCW 35A.01.040(4) allow a signature to be withdrawn by a written request that is filed with the City's Community Development Department prior to the "terminal date The "terminal date" is the date on which the determination of the sufficiency of the petition by the County Assessor is begun, which typically occurs no 17 later than 3 days after the petition is filed with the Department of Community Development. WHEREFORE, the undersigned respectfully petition the Honorable City Council of the City of Tukwila and ask and agree as follows: 1. That appropriate action be taken to entertain this petition, fixing a date for public hearing, causing notice to be published and posted specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and 2. That the following such hearing and any other necessary approvals, the City Council determine by ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Tukwila, Washington subject to its laws and ordinances immediately upon annexation. 3. That the zoning and land use regulations for the area proposed for annexation be consistent with the City's Comprehensive Plan and ordinances and that said zoning be implemented and effective immediately upon annexation. 4. That all property within the territory hereby sought to be annexed shall be assessed and taxed on the same basis as property within the City of Tukwila is assessed and taxed to pay for the portion of any then outstanding indebtedness. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Any officer of a corporation owning land within the area involved, who is duly authorized to execute deeds or encumbrances on behalf of the corporation, may sign under oath on behalf of such corporation. If an officer signs the petition, he or she must attach a certified excerpt from the bylaws of such corporation showing such authority and attach an affidavit stating that he or she is duly authorized to sign the petition on behalf of such corporation.(RCW 35A. 01.040) iN Owner's Signature Printed Name EX :�on 9tnit� John A. Smith W Property Site Address Owner Name Owner's address (if different) Smith Properties 14521 14' Ave S Tukwila WA 98188 Driftwood Development LLC Harsch Investment Properties LLC 9322 14 Ave S Seattle WA 98108 9300 14' Ave S Seattle WA 98108 1425 10 Ave S Seattle WA 98108 Mailing address: 16209 Crescent Drive SW Vashon, WA 98070 9320 15 Ave S Seattle WA 98108 1121 SW Salmon Street bert L. 1 n Portland OR 97205 sl� Global Business 9525 14' Ave S Management 0 LLC- Seattle WA 98108 i Junaih A Rizvi Ivar Jones Delta Marine Industries, Inc Latitude Forty -Seven LLC 1608 S 96' St Seattle WA 98108 1835 S 96 St Seattle WA 98108 1745 S 96" St Seattle WA 98108 Assessor's Parcel Date No. 0001600931 5/11/12 000160 -0046 000160 -0037 000160 0042 000160 -0050 562420 -0097 �q z� 1 12 562420 -0021 562420 -0005 562420 -0006 19 Junaih A Rizvi Owner's Signature Printed Name EX f" n 4ynit/r John A. Smith Warren Beardsley Robert L. Aigner Property Site Address Owner Name Hr U !RD UN 2.01.2 CITY OF TUKWILA OIL CLERK Assessor's Parcel Date No. Owner's address {if different} Smith Properties 14521 14' Ave S Tukwila WA 98188 0001600931 Driftwood Development LLC Harsch Investment, Properties LLC Global Business Management Delta Marine Industries, Inc. Latitude orty -Seven LLC or Jone 9322 14' Ave S 000160 -0046 Seattle WA 98108 9300 10' Ave S 000160 -0037 Seattle WA 98108 1425 10 Ave S 000160 -0042 Seattle WA 98108 Mailing address: 16209 Crescent Drive SW Vashon, WA 98070 9320 15' Ave S 000160 -0050 Seattle WA 98108 1121 SW Salmon Street Portland OR 97205 9525 14' Ave S 562420 -0097 Seattle WA 98108 1608 S 96 St 562420 -0021 Seattle WA 98108 1835 S 96 St 562420 -0005 Seattle WA 98108 1745 S 96' St 562420 -0006 Seattle WA 98108 5/11/12 20 e r D001600024 6 v 00016 0bD 6 I ,00016OD062 6f5 /l2, RECEIVED .IUN05 2012 c df: TtXWlLA CITY CLERK 21 J 2,3 °7 S.bj� 0001 60001,6 615 22 EXHIBIT PROPOSED ANNEXATION AREA THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 32 AND SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M., AND OF THE NORTHWEST QUARTER OF SECTION 4 AND NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF WESTERLY MARGIN STATE ROUTE 99 WITH TIIE NORTH LINE OF TRACT 55 OF MOORE'S FIVE ACRE TRACTS AS RECORDED IN VOLUME 9 OF PLATS, PAGE 28, RECORDS OF KING COUNTY WASHINGTON; THENCE EASTERLY ALONG SAID NORTH LINE OF TRACT 55 AND CONTINUING ALONG THE EASTERLY EXTENSION THEREOF TO THE THREAD OF THE DUWAIVIISH WATERWAY; THENCE NORTHERLY ALONG SAID THREAD OF THE DUWAMISH WATERWAY TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF MCNATT'S 1 ST ADDITION TO SOUTH PARK HEIGHTS AS RECORDED IN VOLUME 9 OF PLATS, PAGE 9, RECORDS OF KING COUNTY, WASHINGTON, SAID LINE ALSO BEING THE EASTERLY EXTENSION OF THE PRESENT LIMITS OF THE CITY OF SEATTLE; THENCE WESTERLY ALONG SAID SOUTH LINE AND ALONG SAID LIMITS OF THE CITY OF SEATTLE TO THE EAST MARGIN OF 12 AVENUE SOUTH; THENCE SOUTHERLY ALONG THE EXTENSION OF SAID EAST MARGIN OF 12 AVENUE SOUTH AND CONTINUING ALONG THE PRESENT LIMITS OF THE CITY OF SEATTLE TO THE SOUTH MARGIN OF SOUTH CAMBRIDGE STREET EXTENDED EASTERLY; THENCE WESTERLY ALONG THE EXTENSION OF SAID SOUTH MARGIN OF SOUTH CAMBRIDGE STREET EXTENDED AND CONTINUING ALONG THE PRESENT LIMITS OF THE CITY OF SEATTLE TO THE INTERSECTION OF THE SOUTH LINE OF EXCELSIOR ACRE TRACTS NO. 2 AS RECORDED IN VOLUME 9 OF PLATS, PAGE 48, RECORDS OF KING COUNTY, WASHINGTON WITH THE WESTERLY MARGIN OF SAID STATE ROUTE 99; THENCE LEAVING SAID PRESENT LIMITS OF THE CITY OF SEATTLE, SOUTHEASTERLY ALONG SAID WESTERLY MARGIN OF STATE ROUTE 99 TO THE 23 EXHIBITA INTERSECTION WITH THE EAST LINE OF THE WESTERLY 178.51 FEET OF TRACT 8 OF SAID MOORE'S FIVE ACRE TRACTS; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE NORTH MARGIN OF SOUTH 96 STREET; THENCE EASTERLY ALONG SAID NORTH MARGIN OF SOUTH 96 STREET TO THE INTERSECTION WITH THE WESTERLY MARGIN OF STATE ROUTE 99; THE SOUTHEASTERLY ALONG SAID WESTERLY MARGIN OF STATE ROUTE 99 TO THE INTERSECTION WITH THE NORTH LINE OF SAID TRACT 55 OF MOORE'S FINE ACRE TRACTS AND THE POINT OF BEGINNING. 24 Exhibit B GOOD 60 92nd PII--..-.-..... 0042 9029 cast X: 0046 no Gila ,9081 too I Ix St IJ 0931 2 0930 J "S 99th St is 7 .,...1.,..... 0 ft r st I inch 500 feet Aq 25 W Attachment D a King County Department of Assessments Accounting Division 500 Fourth Avenue, ADM -AS -0725 Seattle, WA 98104 -2384 (206) 296 -5145 FA.X (206) 296 -0106 Email: assessor.info@ILingeotinty.gov h ttn: /Avnvtir .ki n2 cou n h /assessor/ Lloyd Hara Assessor ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted June 5, 2012 to the King County Department of Assessments by Christy O'Flaherty, City Clerk, City of Tukwila supporting the annexation to Tukwila of the properties described as the North Highline Annexation, have been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame and this document does not certify such to be the case. Dated this 6th day of June, 2012 /v— 4 'Lloyd Rara, King County Assessor 27 W.* parcel Owner 16000161SOUTH DIRECTOR LLC 1600029IMELLON TRUST OF WA- DESIMONE 1600061IMELLON TRUST OF WA- DESIMONE 1600062IMELLON TRUST OF WA- DESIMONE 1600037 DRIFTWOOD DEVELOPMENTS LLC 1600042 DRIFTWOOD DEVELOPMENTS LLC 16000461 DRIFTWOOD DEVELOPMENTS LLC 16000501HARSCH INVESTMENT PROPERTIES 1600055IPACIFIC INDUSTRIAL SUPPLY 1600058 AERONAUTICAL MACHINISTS 1600060 SEA KING INDUSTRIAL PARK LL 56242000051 DELTA MARINE 5624200006 IDelta Marine (LATITUTE FORTY SEVEN) 56242000211DELTA MARINE INDUSTRIES INC 56242009301SEATTLE CITY LIGHT 5624200931 ISEATTLE CITY LIGHT 5624200950ISEATTLE CITY LIGHT 56242009511SEATTLE CITY LIGHT 7619000000 Condo building parcel #s listed below SEA KING INDUSTRIAL PARK LL 7619000010 7619000020 7619000030 7619000040 7619000050 7619000060 7619000070 56242001001 King County 5624200110 An ma rco 5624200099 1 BRENT /KENNEDY /M EN DEN HALL 5624200091 IQ M LLC 5624200097 Global Business Management 5624200132 Anmarco Total taxable property value 60% of the total taxable value Value of the property owners who have signed the petition Attachment E taxable total value (2011) acres Signed Petition 1,052,500.00 1.05 Yes 4,129,200.00 51 Yes 4,126,600.00 4.4 Yes 1,658,900.00 2.09 Yes 614,000.00 0.46 Yes 1,023,400.00 0.59 Yes 1,912,000.00 2.07 Yes 11,288,200.00 8.48 Yes 4,230,100.00 3.55 5,567,800.00 4.58 5,835,200.00 6.61 3,721,900.00 3.07 Yes 15,791,400.00 4.54 Yes 14,140,600.00 9.63 Yes 12.09 16.45 2.69 0.21 12.05 $1,769,700 $1,769,700 $1,769,700 $1,769,700 $3,797,400 $4,416,800 $3,096,900 $0 0.01 842,000.00 1.07 613,900.00 0.47 407,400.00 0.42 1,466,200.00 1.02 Yes 805,500.00 1.85 97,616,700.00 58,570,020.00 $60,924,900.00 62.41 29 30 Attachment F Detailed Procedures for 60% Petition Method of Annexation (RCW 35A.14) 1. Community initiates preliminary petition: The initiating party or parties (owners representing not less than 10% of the value of properties) give notice to the City Council of their intention to commence annexation. Preliminary petition is provided to City. 2. City Council decision: City Council meets with the initiating party and accepts, rejects or modifies annexation. May require area to adopt Comprehensive Plan assume portion of indebtedness. No appeal from Council decision. (Time Period. Council meets within 60 days of 10% petition) 3. Community initiates 60% petition after the City Council approves annexation. Petition with signatures of owners representing not less than 60% of the value of properties or acreage must be provided to the City. King County Assessor validates notifies. With a validated petition, the City Council holds a public hearing and makes a decision. (Time Period: Signatures valid for 180 days. Assessor must process with "reasonable promptness. City Council hearing as soon as possible) 4. City submits a Notice of Intention to Annex (NOI) to the King County Boundary Review Board (BRB). NOI includes the rationale for annexation, legal documents, maps, service data, and compliance with state /regional law. (Time Period: Immediately after the City Council action) 5. BRB Process: BRB coordinates NOI review by County agencies, other affected agencies, and public. Reviews NOI at a Board meeting. Holds a public hearing if jurisdiction is invoked. Takes action to approve, deny or modify the application. (Time Period: 120 day maximum, with possible extensions for public hearing) 6. Appeals Process: BRB decision can be appealed. Issues dictate whether appeal is to BRB, to Superior Court or to Growth Management Hearings Board. (Time Period: 10 days to appeal to BRB; typically 30 days to Superior Court or GMHB) 7. Annexation Approval Process: a) With BRB Approval: City finalizes. City adopts annexation ordinance setting terms for adoption of Comprehensive Plan assumption of debt. Area joins city. (Time Period: Open usually 30 -60 days) b) With BRB Changes: If the BRB modifies annexation, next actions are based on change for example if BRB reduces area, change is acceptable to community, the modified annexation can be submitted to City Council to adopt per previous direct petition method. If BRB makes other changes to area, a new petition may be required. (Time Period: Based on modifications c) With BRB Denial: If BRB denies annexation, then proposed annexation cannot be resubmitted for 12 months. A new proposal including some properties within the original area (e.g., smaller area, different area) can be submitted sooner. 8. Becoming a part of the City: When annexation is completed (e.g., ordinances /resolutions adopted), and filed with State, the area joins City. The City will conduct a census of the annexed area. The information will become the basis for establishing representation, service levels, revenues and costs. (Time Period: Open generally occurs within 3 months.) 31 direct petition annexation process Attachment G Property Tax (per 2.95/$1000 AV $1,000 AV) (City Levy portion of $10.39 total $287'969 levy) Total Potential Revenue 4 4`,�I$487,147+/year 81,828+/year based on total AV of $97,616,700 General Fund Enterprise Fund 33 If Tukwila Estimate of Potential Notes Annexed Revenue for Tukwila ITax or Fee II O Utility Tax: Telephone 6% Utility Tax: Gas 6% Not able to If Seattle City Light service, city 6% determine since we imposes a franchise fee, but does not Utility Tax: Electricity don't know usage collect a utility tax. Cable franchise fee 5% Utility Tax: Solid Waste 6% Utility Tax: Water 10% no Utility Tax: Sew 10% no represents 10% of total stormwater 10% $9092 /year utility fees collected ($90,920/yr). Utility Tax: Stormwater Surface Water Utility Per acre charge This amount reflects the total Rates based on amount stormwater fees collected minus the of developed 10% for stormwater utility tax. This (impervious) goes in the enterprise fund. ,surface. Ranges $81,828 /year from $123.17 to $1029.10 per acre (commercial use) $163,286/year Tukwila will receive .84% (.0084) of 9.50% (based on 2010 taxable total taxable sales Sales Tax sales of 19,438,874) IBusiness license and This is a based on estimate that there are 400 employees in the area. Revenue Generating Accurate number of full time Regulatory License fee $67 /employee employees is not known at this time (RGRL) $26,800 Property Tax (per 2.95/$1000 AV $1,000 AV) (City Levy portion of $10.39 total $287'969 levy) Total Potential Revenue 4 4`,�I$487,147+/year 81,828+/year based on total AV of $97,616,700 General Fund Enterprise Fund 33 34 Attachment H C- 0 Q V V W E i 7 O 0 V a O K Q O U (1) a) C) C i- LL U O Q m L Ca W C VJ VJ Q L C Q) O ,U O O py 0 d c ro C T U G Y O 70 7 U 0 Y Y U O U U rr V/ O U (0 C- 0 H a> C Q Q C U T Q) 0 J y N Q? CO C C O OL C O a) Q (6 O_ (n O c 7 W O E r_ O (6 N V LL U ll V/ V/ Q cn O U o C) U) j O or_ v7 0 N C L 0 tT. N O v T O W^ U U o6 W o O Q a.. o U CD D a) C U 0O d m c U U tM C U c O U J N r LL r Y m Qv y o Y c a E N v U o T Q Q L C Y a) 7 a) U J 7 U M 0 O O Z 0 F- c m U Z Co Z m o b c ro L o Y U m a) T U U U (1) a) C) C i- LL U O Q m L Ca W C VJ VJ Q L C Q) O ,U O O py 0 d c ro C T U G Y O 70 7 U 0 Y Y U O U U rr V/ O U (0 C- 0 H 0 U 0 U) c 0 0 0 U 35 a> U Q? CO C C O O_ 7 W O E r_ O V N U Q cn j O or_ v7 0 N C L 0 tT. N O C O T O W^ U o6 W o o U CD D U) c U tM CD Y m Qv y o Y c a E N v U o 2 Z Y a) 7 a) U J (n rn C U 0 c N U Y b c ro L o Y U m a) Y C C O v 0 V N V G1 v 0 0 6 N 0 E N 0 N N 0 tC N 0 N W oQS v is E d a 0 r V y 0 o R° W fn a a 0 U 0 U) c 0 0 0 U 35 36 Attachment 1 TUKWILA MUNICIPAL CODE CHAPTER 18.36 MANUFACTURING /INDUSTRIAL CENTER LIGHT (MIC /L) DISTRICT Sections: 18.36.010 Purpose 18.36.020 Permitted Uses 18.36.030 Accessory Uses 18.36.040 Conditional Uses 18.36.050 Unclassified Uses 18.36.060 Parking Regulations 18.36.010 Purpose This district implements the Manufacturing Industrial Cen- ter /Light Industrial Comprehensive Plan designation. It is in- tended to provide a major employment area containing distribu- tive light manufacturing and industrial uses and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corri- dor. (Ord. 1758 §1(part), 1995) 18.36.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center /Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility. b. The distances specified in TMC Section 18.36.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. Page 18-82 c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Commercial laundries. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film processing, lithography, printing, and publishing. 11. Internet data /telecommunication centers. 12. Laundries: a. self serve; b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 14. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to manufacturing, processing, assembling, packaging and/or repairing of: a. Electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment; b. Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging; c. Food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); d. Pharmaceuticals and related products, such as cosmetics and drugs; e. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood; and f. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment; 15. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an Produced by the City of Tukwila, City Clerk's Office 37 TITLE 18 ZONING established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 16. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 17. Railroad tracks, (including lead, spur, loading or storage). 18. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 19. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 20. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 21. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 22. Salvage and wrecking operations that are entirely enclosed within a building. 23. Self- storage facilities. 24. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 25. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 26. Taverns. 27. Telephone exchanges. 28. Tow truck operations, subject to all additional State and local regulations. 29. Truck terminals. 30. Warehouse storage and /or wholesale distribution facilities. 31. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord 2335§2, 2011, Ord. 2287§27,2010, Ord. 2251 §50, 2009 Ord 2235 §6 (part), 2009, Ord. 2021 §8, 2003 Ord 1986 §13, 2001; Ord 1974 §9, 2001; Ord. 1954 §2, 2001, Ord. 1814 §2, 1997 Ord 1774 §3, 1996, Ord 1758 §1 (part), 1995) 18.36.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Manufacturing Industrial Center /Light Industrial District, as follows: 1. Parking areas. 2. Recreational area and facilities for employees. 3. Residences for security or maintenance person- nel. 4. Other uses not specifically listed in this title, which the Director determines to be: a. uses customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this dis- trict; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2335 §3, 2011; Ord 2251 §512009, Ord 1976 §56, 2001 Ord 1758 §1(part), 1995) 18.36.040 Conditional Uses The following uses may be allowed within the Manufacturing Industrial Center /Light Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 2. Electrical substations distribution. 3. Fire and police stations. 4. Hotels. 5. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to: a. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop hammering; b. Manufacturing, processing, assembly of: (1) Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); and (2) Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 6. Motels. 7. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. 8. Park and -ride lots. Produced by the City of Tukwila, City Clerk's Office Page 18 -83 38 TUKWILA MUNICIPAL CODE Radio, television, microwave, or observation stations and towers. 10. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 11. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; retail services such as beauty and barber shops, outpatient and emergency medical /dental services, and recreation /health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and /or the employees of those uses. 12. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. (Ord. 2335 §4, 2011, Ord. 2135 §16 2006; Ord 1954 §3, 2001, Ord. 1865 §42, 1999,• Ord. 1758 §1(part), 1995) 18.36.050 Unclassified Uses The following uses may be allowed within the Manufactur- ing Industrial Center /Light Industrial District, subject to the re- quirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emer- gency sites). 2. Cement manufacturing. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Railroad freight or classification yards. 7. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associ- ated structures. 8. Transfer stations (refuse and garbage) when oper- ated by a public agency. 9. Mass transit facilities. (Ord. 2335 §4 2011; Ord. 1991 §8, 2002, Ord. 1865 §43, 1999; Ord 1758 1(part), 1995) 18.36.060 On -Site Hazardous Substances No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permit- ted use. On -site hazardous waste treatment and storage facili- ties shall be subject to the State siting criteria (RCW 70.105). (See TMC Chapter 21.08.) (Ord. 1758 1 (part), 1995) 18.36.070 Design Review Administrative design review is required for all new office development and other new developments within 300 feet of residential districts or within 200 feet of the Green /Duwamish River. (Ord. 2335 §5, 2011; Ord 2005 §13, 2002,• Ord. 1758 1(part), 1995) 18.36.080 Basic Development Standards Development within the Manufacturing Industrial Center /Light Industrial District shall conform to the following listed and referenced standards: MIC /L BASIC DEVELOPMENT STANDARDS I Setbacks to yards, minimum: I Front I 20 feet I Second front I 10 feet I Second front, if any portion of 15 feet the yard is within 50 feet of LDR, MDR, HDR I Sides I None I I Sides, ifany portion of the yard is within 50 feel of LDR, MDR, HDR I 1st floor I 15 feet I 2nd floor 20 feet 3rd floor 30 feet Rear None 1 I Rear, if an y portion of the yard is within 50 feet of LDR, MDR, HDR I I 1st floor I 15 feet I 2nd floor 20 feet 1 3rd floor 30 feet I Height, maximum 4 stories or 45 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling Solid Waste Space requirements chapter for further requirements Fronts 5 feet Fronts, if any portion of the yard 15 feet is within 50 feet of LDR, MDR, HDR Sides I None Sides if any portion of the yard 15 feet is within 50 feet of LDR, MDR, HDR I Rear I None I Rear, if any portion of the yard 15 feet is within 50 feet of LDR, MDR, HDR Off Street Parking I Warehousing 1 per 2,000 sq. ft. usable floor area min. Ofice 3 per 1,000 sq. ft. usable floor area min. Manufacturing 1 per 1,000 sq. ft. usable floor area min. Other Uses See TMC Chapter 18.56, Off- street Parking Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord 1872§71, 1999,• Ord 1758§ 1(part), 1995) Page 18-84 Produced by the City of Tukwila, City Clerk's Office 39 TITLE 18 ZONING .s CHAPTER 18.38 MANUFACTURING /INDUSTRIAL CENTER HEAVY (MIC /H) DISTRICT Sections: 18.38.010 Purpose 18.38.020 Permitted Uses 18.38.030 Accessory Uses 18.38.040 Conditional Uses 18.38.050 Unclassified Uses 18.38.060 On -Site Hazardous Substances 18.38.070 Design Review 18.38.080 Basic Development Standards 18.38.010 Purpose This district implements the Manufacturing Industrial Center /Heavy Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing heavy or bulk manufacturing and industrial uses, distributive and light manufacturing and industrial uses, and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. (Ord 1758§1 (part), 1995) 18.38.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center /Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility. b. The distances specified in TMC Section 18.38.020.1.x. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel Produced by the City of Tukwila, City Clerk's Office of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Computer software development and similar uses. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film processing, lithography, printing, and publishing. 11. Internet data/telecommunication centers. 12 Laundries: a. self serve; b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 14. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to: a. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering; b. Manufacturing, processing, assembly, packaging and repair of: (1) Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); and (2) Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 15. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. Page 18 -85 TUKWILA MUNICIPAL CODE b. Electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. c. Food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). d. Pharmaceuticals and related products, such as cosmetics and drugs. e. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. f. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 16. Offices; must be associated with another permitted uses (e.g., administrative offices for a manufacturing company present within the MIC). 17. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 18. Railroad tracks (including lead, spur, loading or storage). 19. Recreation facilities (commercial indoor), athletic or health clubs. 20. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 21. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 22. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 23. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 24. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 25. Salvage and wrecking operations. 26. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 27. Self- storage facilities. 28. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. Page 18-86 29. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 30. Taverns. 31. Telephone exchanges. 32. Tow truck operations, subject to all additional State and local regulations. 33. Truck terminals. 34. Warehouse storage and /or wholesale distribution facilities. 35. Other uses not specifically listed in this title, pursuant to TMC Section 18.104.010(2), which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2335 §6, 2011, Ord. 2287 §28, 2010,• Ord. 2251 §52, 2009, Ord. 2235 §7, 2009, Ord. 2021 §9, 2003; Ord. 1986 §14,2001, Ord, 1974 §10 2001; Ord. 1971 §16, 2001; Ord. 1814 §2, 1997, Ord. 1774 §4, 1996; Ord 1758 §1(part), 1995) 18.38.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Manufacturing Industrial Center /Heavy Industrial District, as follows: 1. Parking areas. 2. Recreational area and facilities for employees. 3. Residences for security or maintenance personnel. 4. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2335 §7, 2011, Ord. 2251 §53, 2009, Ord 1976 §57, 2001, Ord. 1758 §1(part), 1995) 18.38.040 Conditional Uses The following uses may be allowed within the Manufacturing Industrial Center /Heavy Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. Produced by the City of Tukwila, City Clerk's Office TITLE 18 ZONING 2. Electrical substations distribution. 3. Fire and police stations. 4. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08). 5. Hotels 6. Motels 7. Offices not associated with other permitted uses and excluding medical /dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand -alone office uses are shown in Figure 18 -12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand -alone office use subject to the provisions of this code. 8. Park and -ride lots. 9. Radio, television, microwave, or observation stations and towers. 10. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 11. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; retail services such as beauty and barber shops, financial services, outpatient and emergency medical /dental services, and recreation /health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and /or the employees of those uses. (Ord 2335§8,2011,- Ord 2287§29,2010, Ord. 2135§17,2006, Ord. 2028 §2, 2003,• Ord 1865 §44, 1999, Ord 1758 1 (part), 1995) 18.38.050 Unclassified Uses The following uses may be allowed within the Manu- facturing Industrial Center /Heavy Industrial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Correctional institution. 4. Electrical substation transmission/ switching. 5. Essential public facilities, except those uses listed separately in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 9. Mass transit facilities. 10. Railroad freight or classification yards. 11. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 12. Secure community transition facility, subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any residential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity /facility" as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; (c) Licensed day care and licensed preschool facilities; (d) Public parks, publicly dedicated trails, and sports fields; (e) Recreational and community centers; (f) Churches, synagogues, temples and mosques; and (g) Public libraries. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050 12.a, but is completely surrounded by parcels ineligible for the location of such facilities. Produced by the City of Tukwila, City Clerk's Office Page 18 -87 42 TUKWILA MUNICIPAL CODE c. The distances specified in TMC 18.38.050 12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18 -11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites /facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 13. Transfer stations (refuse and garbage) when operated by a public agency. (Ord 1991 §9, 2002, Ord 1976 §58, 2001; Ord. 1865 §45, 1999; Ord 1758 §1(part), 1995) 18.38.060 On -Site Hazardous Substances No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC Chapter 21.08.) (Ord. 1758 §1(part), 1995) 18.38.070 Design Review Administrative design review is required for ail new office development and other developments within 300 feet of residential districts or within 200 feet of the Green /Duwamish River. (Ord 2335 §9, 2011; Ord 2005 §14, 2002, Ord 1758 1 (part), 1995) 18.38.080 Basic Development Standards Development within the Manufacturing Industrial Center /Heavy Industrial District shall conform to the following listed and referenced standards: Page 18-88 MIC /H BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum Front 20 feet I Second front 10 feet Second front, if any portion of the 15 feet yard is within 50 feet of LDR, MDR, HDR Sides None Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDk 1st Boor 15 feet 2nd Boor 20 feet 3rd Boor I 30 feet Rear I None Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDk 1st floor I 15 feet 2nd Boor I 20 feet Ad floor I 30 feet Height, maximum I 125 feet Landscape requirements (minimum): See Landscape, Recreation, Recyciing /Solid Waste Space requirements chapter for further requirements Fronts 1 5 feet Fronts, if any portion of the yard is within 50 feet of L DR, MDR, HDR Sides I Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Rear Rear, if any portion of the yard is within 50 feet of L DR, MDR, HDR Off Street Parking Warehousing Ofices Manufacturing Other Uses (Ord 1872 15 feet None 1 15 feet None 1 15 feet 1 1 per 2,000 sq. ft, usable floor area min. 2.5 per 1,000 sq. ft. usable floor area min. 1 per 1,000 sq. ft. usable floor area min. See TMC Chapter 18.56, Off- street Parking Loading Regulations 1 2, 1999, Ord 1758 1 (part), 1995) Produced by the City of Tukwila, City Clerk's Office 43 x Shoreline Regulations in the Upper Duwamish /MIC -H Zoned Area There are two shoreline environments that apply to the North Potential Annexation Area: 1) The Aquatic Environment consists of the land area waterward of the Ordinary High Water Mark, the water surface together with the underlying lands and water column. 2) The area landward 200 feet of the Ordinary High Water Mark is designated "High Intensity The High Intensity shoreline environment is applied to the navigable portion of the river within Tukwila's City limits and in the North Potential Annexation Area. Water oriented uses (uses that are water dependent, water related or water enjoyment or a combination of such uses) are encouraged in both the High Intensity and Aquatic environment area. The first 100 feet of the 200 foot shoreline jurisdiction is called the "buffer area" and uses in that area are typically limited to non structural, low- impact uses and water dependent uses. Existing uses and structures in the buffer area that were legally established prior to the approval of the City's new Shoreline Master Program are considered legal nonconforming and may be continued, however generally they cannot be expanded. Generally, only industrial uses that are water dependent are permitted in the shoreline environment buffer area. A water dependent use is one that cannot exist in a location that is not adjacent to the water. The attached Matrix is a general list of uses that are permitted in the Aquatic and High Intensity Environments. There are additional uses listed in the Shoreline Master Program (TMC 18.44.060 and TMC 18.44.065) that are permitted in both of these shoreline environments. 45 SHORELINE USE MATRIX* P P May be allowed subject to development standards P High Aquatic and permitting requirements set forth in this SMP. P Intensity Environment C May be allowed as a Shoreline Conditional Use. General I P (3) X The use or activity is prohibited in shoreline P (3) Animal rendering X jurisdiction environment. Buffer (1) Non -Buffer X AGRICULTURE I I Farming and farm related activities X X X COMMERCIAL (2) X off -site) (6) General X P (6) P(3) Automotive services, gas (outside pumps allowed), stone cutting, brick manufacture, marble works, and the X washing, body and engine repair shops (enclosed within X C (6) X a building) Salvage and wrecking operations I X Contractors storage yards X C (6) X Water- oriented uses P P P CIVIC /INSTITUTIONAL Truck terminals X General X P X ESSENTIAL PUBLIC FACILITY C C P (3) (Water Dependent) General I X ESSENTIAL PUBLIC FACILITY C C C (Non -water Dependent) (7) C PARKING ACCESSORY I I FLOOD HAZARD MANAGEMENT Flood hazard reduction P P P Shoreline stabilization P P P INDUSTRIAL (5) General I P (3) I P (6) I P (3) Animal rendering X I X I X Cement manufacturing X I C (6) X Hazardous substance processing and handling hazardous waste treatment and storage facilities (on or X X X off -site) (6) Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the X C (6) X assembly of products from the above materials Salvage and wrecking operations I X I C (6) X Tow -truck operations, subject to all additional State and X P (6) X local regulations Truck terminals X P (6) X Water oriented uses I P P P MINING I I General I X X X Dredging I X I X I C PARKING ACCESSORY I I Parking areas limited to the minimum necessary to X P X support permitted or conditional uses RECREATION M P May be allowed subject to development standards High Aquatic and permitting requirements set forth in this SMP. Intensity Environment C May be allowed as a Shoreline Conditional Use. X The use or activity is prohibited in shoreline jurisdiction environment. Buffer (1) Non Buffer Recreation facilities (commercial indoor) X P (9) X Recreation facilities (commercial outdoor) X I X X Recreation facilities, including boat launching (public) I P (1) I P P (3) RESIDENTIAL SINGLE FAMILY /MULTI- FAMILY Dwelling X X X Houseboats X X X Live aboards X I P P TRANSPORTATION I General I C C C (3) Park ride lots X C (7) X UTILITIES I General (7) 1 C I P C Hydroelectric and private utility power generating plants X I X X *This matrix is a summary. Individual notes modify standards in this matrix. Detailed use standards are found in the text of this chapter. Permitted or conditional uses listed herein may also require a shoreline substantial development permit and other permits. (1) Additional permitted uses found at TMC 18.44.060 are allowed in the buffer. (2) Commercial uses mean those uses that are involved in wholesale, retail, service and business trade. Examples include office, restaurants, brew pubs, medical, dental and veterinary clinics, hotels, retail sales, hotel /motels, and warehousing. (3) Permitted only if water dependent. (4) Subject to compliance with state siting criteria RCW Chapter 70.105 (See also Environmental Regulations, TMC 18.44.090). (5) Industrial uses mean those uses that are facilities for manufacturing, processing, assembling and /or storing of finished or semi finished goods with supportive office and commercial uses. Examples include manufacturing, processing and /or assembling such items as electrical or mechanical equipment, previously manufactured metals, chemicals, light metals, plastics, solvents, soaps, wood, machines, food, pharmaceuticals, previously prepared materials; warehousing and wholesale distribution; sales and rental of heavy machinery and equipment; and internet data centers. (6) Non water oriented uses may be allowed as a permitted use where the City determines that water dependent or water enjoyment use of the shoreline is not feasible due to the configuration of the shoreline and water body. (7) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative to locating the use within shoreline jurisdiction. (8) Additional development may be allowed consistent with TMC 18.44.130 E. 2. f. A shoreline conditional use permit is required for water oriented accessory structures that exceed the height limits of the Shoreline Residential Environment. (9) Limited to athletic or health clubs. 47 Attachment J S Director St L N 7. CD I::::.:........::::...'.' ..`S 7t91 St r MiC /L Manufacturing Industrial Center /Light Industrial l MIC /H Manufacturing Industrial Center /Heavy Industrial Potential Annexation Area Parcels 4$ Potential Annexation Area S 103rd St