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HomeMy WebLinkAboutCOW 2003-06-09 COMPLETE AGENDA PACKETJune 9, 2003; 7 p.m. 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING Tukwila City Council Agenda COMMITTEE OF THE WHOLE Steven M. Mullet, Mayor Councilmembers: Joe Duffie Dave Fenton Rhonda Berry, Acting City Administrator Jim Haggerton Joan Hernandez Pam Carter, Council President Executive Session: 6:30 PM 7 PM Potential Litigation Pursuant to RCW 42.30.110(1)(i) Pamela Linder Richard Simpson Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL a. Award of Excellence presentation to Tukwila Parks and Recreation. PRESENTATIONS b. Update on July 4 festivities by Tracy Thomas, P &R Supt. 3. CITIZEN At this time, you are invited to comment on items not included on COMMENT/ this agenda. To comment on an item listed on this agenda, please save your CORRESPONDENCE comments until the issue is presented for discussion. 4. SPECIAL ISSUES Briefing on code amendments: a. An ordinance amending the Sign Code regulations regarding animated signs. b. An ordinance amending the Zoning Code to allow an increase in maximum height of structures located in the Low Density Residential zones where a Public Recreation Overlay applies. c. An ordinance amending the Zoning Code to add auto rentals and self storage facilities as separate land use categories. 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney SPECIAL MEETING 1. CALL TO ORDER ROLL CALL Ord #2019 2. CONSENT AGENDA Approval of minutes: Time 2, 2003 Regular Meeting. 3. BID AWARD Award a contract to Dupont Flooring Systems in the amount of $91,875.67, including WSST, for the Tukwila Community Center Carpet Replacement Project. Res #1524 Pg. 3 Pg. 23 Pg. 27 Pg. 51 4. NEW BUSINESS a. b. 5. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by calling the City Clerks office 206 -433- 1800 /TDD 206 248 -2933. This notice is available in alternate formats for those with disabilities with advance notice and is also available at http: /www.ci.tukwila.wa.us. Tukwila Council meetings are audio taped. Accept as complete the Tukwila Community Center Carpet Replacement (Pg. 51) Project with Dupont Flooring Systems (final cost of project: $91,875.67) (see item 3 above, under "Bid Award Discussion and possible action, including a possible resolution for the p 57 award of Foster Golf Links Clubhouse Construction Project contract. CAS Number: 03-076 Agenda Item Title: Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if lc/town): Fund Source (if lmown): Meeting Date Meeting Date 06 -09 -03 COUNCIL AGENDA SYNOPSIS Meeting Date 06 -09 -03 07G Initials ITEM NO. Prepared 1 Mayor's review 1 Council review s.L /A) ITEM INFORMATION Council Admin. Original Agenda Date: 06 -09 -03 Briefing on code amendments pertaining toanimated signs)height in LDR/PRO zones, auto rentals and self storage facilities. X Briefing on code amendments pertaining to animated signs, height in LDR/PRO zones, auto rentals and self storage facilities. Review the Planning Commission's recommendations on the four proposed code amendments. CAP referred to the Planning Commission; March 25, 2003 None Action 4(a) Attachments I Memo from Steve Lancaster dated 06- 03 -03. Three proposed draft ordinances 1) ign code changes re: animated signs; 2) zoning code changes re: height allowance in LDR/PRO zones; 3) zoning code changes re: auto rental and self storage facilities. CAP minutes 03 -10 -03 I CAP minutes 03 -25 -03 I Planning Commission meeting minutes April 24, 2003 and May 22, 2003(draft). City of Tukvvila a Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Background MEMORANDUM To: The Committee of the Whole From: Steve Lancaster, DCD Director Date: June 3, 2003 Re: Proposed Code Amendments, File Number L03 -010 On March 10 and 25, 2003 Community Affairs and Parks Committee was briefed on the four proposed code amendments. Planning Commission held a public hearing on April 24, 2003 and further discussed the four proposed code amendments on May 22, 2003. In the four sections below, we have described each proposed amendment and provided the Planning Commission's recommendation. Also attached are three separate ordinances; one addressing sign code changes, second one addresses height issue in LDR/PRO zones, and the third one addresses auto rentals and self- storage facilities. A. Update Sign Code regulations dealing with animated signage. On March 17, 2003, the City Council established a six -month moratorium on electronic signs for the purposes of development of policy and associated code changes. The Planning Commission was presented with two policy options, one was to ban the animated signs but allow electronic signs, the other was to ban electronic signs altogether. They decided to ban animated signs but allow electronic signs and restrict the maximum brightness levels. Following code changes have been incorporated in the attached ordinance that implements the Planning Commission's recommendations: Definition of an animated sign has been changed to reflect the current technology and changes in the sign display more than once every 24 hours are considered animation. Also, the message content that is strictly limited to time, date or temperature but would change more than once a day shall not be considered animation. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 -431 -3665 An electronic sign has been defined and the maximum levels have been set for brightness. Daytime maximum brightness levels shall be 5,000 nits and nighttime levels shall be 500 nits. Nits are an intemationaI unit of luminous intensity per projected area and are the common units used to measure brightness levels for LED signs. Luminance may be described in units of Candelas per square meter, or nits. The LED signs also have a contrast setting that is defined as brightness of the white level divided by brightness of the black level. Two identical signs set at the same Nit level can create two different effects by using different contrast levels. The maximum brightness levels have been set at the lower end to account for any manipulation of the contrast value to circumvent the brightness restrictions. Also, all signs shall be required to have an ambient light monitor that will automatically adjust the brightness level based on ambient light conditions. For non -LED signs that use incandescent lamps, such lamps shall be no more than 15 watts. Holographic displays that create three- dimensional image through projection along with the animated signs have been listed under the prohibited signs section. B. Increase the allowed height for structures located in the Low Density Residential Zone where a Public Recreation Overlay applies. The proposal for an increased height allowance within the LDR/PRO district was initiated by staff in response to an agreement between the City of Tukwila and Starfire Sports for redevelopment of Fort Dent Park. Starfire's intent is to improve several outdoor soccer fields and build an athletic center containing two indoor soccer fields and ancillary facilities. Due to clearance issues for the indoor fields, the facility cannot be built within the existing 30 -foot height limitation. In its contract with Starfire, the City agreed to consider amending the zoning code in order to accommodate the project. Initially staff proposed an additional height allowance in the LDR/PRO district of 1 foot for every 3 feet of excess setback, up to a maximum height of 80 feet. Planning Commission members expressed concern over the potential impacts on surrounding properties. It was suggested that staff consider holding maximum height to 45 feet, and that Board of Architectural Review approval be required for any structures over 30 feet in height. Upon further review, staff recommended that a maximum height of 50 feet with a reduced bonus ratio of 1 to 4 (rather than 1 to 3). Under this standard, a building would have to be set back 85 to 100 feet from all property lines to achieve the maximum height of 50 feet. (For your information, the proposed Fort Dent athletic center would be more than 300 feet from the nearest property line.) Also, staff suggested that design review be required for structures over 30 feet except that the City Council may approve a height bonus for structures that are subject to final construction approval by the City Council (e.g. public or quasi- public facilities owned or otherwise controlled by the City of Tukwila). However Planning Commission recommended design review for all structures above 30 feet in height. The following changes have been incorporated in the ordinance: 2 When the underlying district in the PRO district is the LDR Low Density Residential district, structures may be granted a height bonus of one (1) additional foot of height for every four (4) feet of excess setback (i.e., setback over and above the LDR minimum standard), up to a maximum height of fitly (50) feet. Structures for which a height bonus is requested shall be subject to Board of Architectural Review under the "Commercial and Light Industrial Design Review Criteria" provisions of Chapter 18.60. As requested by CAP, an illustration of this height allowance has been attached to this memo. C. Add automobile and truck rentals as separate land use categories in the Zoning Code. The zoning code does not mention automobile or truck rentals as a use category. In the past we have allowed auto rentals in any zone that allowed auto sales (RC, RCM, TUC, C/LI, LI, HI, TVS). The Planning Commission agreed with CAP that companies renting vehicles not requiring a commercial driver's license (including cars, sport utility vehicles, mini -vans, recreational vehicles, cargo vans, trucks and some flat beds) be allowed in those zones where the sales of automobiles, recreational vehicles, travel trailers and used cars are currently allowed (i.e., RC, RCM, TUC, C/LI, LI, HI and TVS). However, the Planning Commission stated that they wish to also include the MIC/L and MIC/H zones in this group. The Planning Commission also agreed with CAP that commercial truck and fleet rentals requiring a commercial driver's license be allowed in those zones where sales and rental of heavy machinery and equipment are currently allowed (i.e., C/LI, LI, HI, MIC/L, MIC/H and TVS). Staff has included Planning Commission's recommendation to include rental of vehicles not requiring commercial driver's license in MIC/H and MIC/L zones along with other zones that currently allow vehicle sales. Following changes have been incorporated in the attached ordinance: Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreation vehicles, cargo vans and certain trucks) are listed as permitted use in the RC, RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H and TVS zones. Rental of commercial trucks and fleet rentals requiring a commercial driver's license is listed as permitted use in C/LI, LI, HI, MIC/L, MIC/H and TVS zones. D. Add self storage as a land use category in the Zoning Code The Zoning Code does not mention "self- storage" as a use category. In the past we have allowed self storage in any zone that allowed warehouse storage (RC, RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H and TVS). However the characteristics of these two uses are somewhat different. Self- 3 storage tends to have smaller, sometimes multi story, generating fewer truck trips and often having an appearance more compatible with office or commercial surroundings than warehouse storage. CAP expressed some concern about the appearance of self storage facilities and lack of pedestrian activity generated by this type of use. Pedestrian- oriented uses and development will be studied during the development of the Tukwila Urban Center Plan. However, Design Review is already required, as follows, for new developments in the following zones: in RC, RCM, TUC, C/LI and TVS for all structures larger than 1,500 square feet in size. in C/LI, LI, HI, MIC/L, MIC/H and TVS for all structures within 300 feet of residential districts or 200 feet of the Duwamish. in HI for all structures over 45 feet in height. CAP suggested that "self- storage" be listed as an outright permitted use in any zone that currently allows warehouse storage. The Planning Commission agreed with cap suggestion and requested that a definition for "self- storage" be provided. The attached ordinance incorporates the following changes: Self Storage Facility has been defined as a building designed and used for the purpose of renting or leasing individual indoor storage space to customers who are to have access to the space for the purpose of storing or removing personal property on a self service basis. It has been listed as a permitted use in RC, RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H, and TVS zones. Summary Staff will incorporate any revisions to the proposed ordinances that the Council may suggest following their discussion. Public hearing is scheduled for June 23, 2003. The Council could then adopt the ordinances at the special meeting scheduled on the day of the hearing. 4 -L' 30' 20' J front setback for a 30' high structure 1 00' i front setback for R 50' high structure One additional foot of height for every four feet of excess setback over and above the current minimum setback requirements. 50' and 11 Q 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CTTY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1274, 1892, 1913 AND 2004; AND VARIOUS CHAPTERS OF THE TUKWILA MUNICIPAL CODE, TITLE 19, "SIGN CODE," RELATING TO ANIMATED OR ELECTRONIC SIGNS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN tnECTIVE DATE. WHEREAS, the City Council of the City of Tukwila established a six-month moratorium on electronic signs on March 17, 2003, to consider policy issues related to regulation of electronic signs; and WHEREAS, the City of Tukwila desires to update the sign code language to reflect current technology, while retaining existing restrictions and the ban on movement and flashing; and WHEREAS, the City of Tukwila desires to increase safety and minimize driver distractions; WHEREAS, the City of Tukwila wishes to regulate the electronic signs in order to enhance the visual environment of the city; and WHEREAS, on April 24, 2003 the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the sign code regarding animated signs, and on May 22, 2003 adopted a motion recommending the proposed changes; and WHEREAS, on June 23, 2003, the Tukwila City Council, following adequate public notice, held a public hearing to receive a testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1274 §1 (part), as codified at TMC 19.08.030, is hereby amended to read as follows: 19.08.030 Animated Sign. "Animated sign" means any sign or portion of which physically moves, annears to flash, undulate. pulse or nnrtrav explosions. firewnrks, flashes of light, or blinking or chasing lights, or which annear to mnve Inward nr away from the viewer. to exnand or contract. bounce, rotate, snin. twist. scroll. travel nr otherwise nortrays movement or animatinn at a freouencv more rapid than once every 24 hours. including rotation or on which lettering or figures appear to move due to flashing lights. E_t a rate of no more than tcn times r L ate classified as n... Signs or norfons of signs display' a charvikig message content that is strictly limited to time. date or temnerature shall not he construed to he animated. Section 2. A new definition is hereby added to TMC Chapter 19.08, "Definitions," as follows: Animated signs -1 6/6/03 1 19.08.055 Electronic Sign. "Electronic .Sion" means a sign containing a dish lav that can he changed, by electrical electronic or comnuterized nrocess. Section 3. A new definition is hereby added to TMC Chapter 19.08, "Definitions," as follows: 19.08.105 Holographic Display. "Ralagranhic disnlav" means any disnlav that creates a three dimensional image through prniection., Section 4. Ordinance 1274 as codified at TMC Chapter 19.16, 'Design and Construction,' is hereby amended to add regulation for electronic signs as follows: 19.16.035 Electronic Sign Light Levels. A. All signs shall have installed ambient light monitors and shall at all times allow such monitors to automatically adiust the brightness level of the electronic sign based on ambient light conditions. 8. Maximum brightness levels for electronic signs shall not exceed 5.000 nits when measured from the sign's fare at its maximum brightness, during daylight hours, and 500 nits when measured from the sign's face at its maximum brightness between dusk and dawn, i.e. the time of the day between sunrise and sunset. For signs using incandescent lamps, such lamns shall he no more than 15 watts. Section 5. Ordinance 2004 §1, and Ordinance 1913 §1, as codified at TMC 19.12.050, are amended as follows: 19.12.050 Exceptions Permits Not Required. A. The following shall not require a permit (these exceptions shall not be construed as relieving the owner of any sign from the responsibility of its erection and maintenance and its compliance with the provisions of this code or arty other law or ordinance regulating the same): 1. The changing of the advertising copy or message on a theater marquee, readerboard, billboard, and similar signs specifically designed for the use of replacement copy, or the changing of the advertising cony or message on an electronic sign so ling as the advertising rnnv or message is not changed at a frenuenry more ranid than once every 24 hours. A change in the advertising cony or message that occurs more ranidly than once every 24 hours will cause the sign to he considered to he an animated sign under TMC 19118.030 and is prnhihited under TMC 19.28.010(31. 2. Repainting of an existing sign when there is no other alteration. 3. Temporary signs and decorations customary for special holidays, such as Independence Day and Christmas, erected entirely on private property. 4. Real Estate Signs: a. Real estate signs 16 square feet or less in area offering the inunediate premises for sale, lease or rent, except in LDR, MDR and HDR zones where the maximum sign area allowed is six square feet. b. Portable real estate directional signs (such as "A" boards), provided they are used only when the real estate company representative, agent or seller is in attendance at the property for sale. c. Rigid real estate directional signs provided they are used to advertise a property that is currently for sale 5. Signs not exceeding four square feet in area and advertising acceptance of credit cards, provided these are located on the face of a building or upon another larger sign background area for which a permit has been obtained. 6. One, on- premises sign not electrical or illuminated, four square feet in area or less, which is affixed permanently on a plane parallel to the wall that is located entirely on private property. Animated signs-2 6/6/03 2 7. Traffic signs and/or markings, for the purpose of regulating, warning, or guiding traffic, whether on public or private property. Such signs and markings shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation, Federal Highway Administration. 8. Bulletin boards not over twelve square feet in area for each public, charitable or religious institution when the same is located on the premises of said institution. 9. Temporary signs denoting the architect, engineer or contractor, when placed upon work under construction and not exceeding 32 square feet in area. 10. Memorial signs or tablets, names of buildings, and dates of erection, when cut into any masonry surface or when constructed of bronze or other non material. 11. Signs of utilities indicating danger and service or safety information. 12. A maximum of four internal information signs as defined in TMC 19.08.120 and as regulated by TMC Section 19.22. 13. Political signs, posters, or bills shall not exceed 32 square feet in area (if single faced) or 64 square feet (if multi-faced); and, if located on private property, must have the consent of the property owner or the lawful occupant thereof. Each political sign shall be removed within 10 days following an election, except that the successful candidates of a primary election may keep their signs on display until 10 days after the general election, at which time they shall be promptly removed. Signs of a more general political nature (not related to an election) are not subject to time restrictions. It is unlawful for any person to paste, paint, affix or fasten onto the surface of any utility pole, bridge, sidewallc, or City-owned or operated vehicle, or any public facility of any kind any such sign, poster, bill or advertising device when such facilities are located on public property or within public easements. 14. Window signs which are of a temporary nature for commercial businesses and which occupy less than 25% of the window surface. Signs on or in the window which occupy more than 25% of the window surface are permanent and will be considered part of the overall signing permitted for the business. Such permanent window signs shall require permits. 15. Signs of community service and fraternal organizations, including notation of place and date of regular activity meetings. 16. Temporary signs displayed on City of Tukwila parks property. Said signage must be pre-approved by the Director of the Tukwila Parks Department prior to display. B. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this Title, as enumerated in Section 19.04.020. Section 6. Ordinance 1892 §3, and Ordinance 1274 §1 (part), as codified at TMC 19.28.010, are amended as follows: 19.28.010 Designated. The following signs or devices are specifically prohibited: 1. Signs adjacent to State roads and not complying with Washington State Department of Transportation regulations. 2. Signs using the words "stop," "look" or "danger", or any other word, symbol, character or color which might confuse traffic or detract from any legal traffic control device. 3. Animated signs as defined in TMC 19.08.030. rttftles-rafeethealtly-tappreverlea f%10h-SigEIL5 i ...caned t cflapeise: Ciara signing convicts of a f fixture, and symbols or letters of Iwincaa hours. 4. Rooftop signs supported by exposed trusswork and wall-mounted signs extending above the parapet line. 5. Unique signs unless specifically approved as a Type 4 decision; permits may be approved if in the judgment of the Planning Commission or, on appeal, the City Council, the effect of the proposed sign would not contribute to a cluttered, confusing or unsafe condition. 6. Permanent off-premises signs, except shared directional signs as provided in TMC 19.32.020, billboards as provided in TMC 19.32.040, freestanding signs for City of Tukwila or Tukwila School District buildings, facilities, parks or properties, public libraries, freestanding signs for cemeteries, public parks, historic sites, and planned shopping centers (mall) signs as Animated signs-3 6/6/03 3 provided in TMC 19.32.150. Any signs permitted under this section must meet all underlying height, setback or area requirements, except for those signs specifically provided for in other sections of this code, and must obtain a permit from the Department of Community Development. 7. Strings of pennants, banners or streamers, festoons of lights, clusters of flags, wind animated objects, balloons and similar devices of a carnival nature except as specifically provided in TMC Chapters 19.12 and 19.24. Not prohibited are national, State, and institutional flags properly displayed or temporary signs and decorations customary for special holidays, such as Independence Day, Christmas, Tukwila Days, and similar events of a public nature. 8. Portable signs or any sign which is not permanently mounted, including sandwich or "A" boards, except as provided in TMC 19.24.050 and TMC 19.32.160. 9. There shall be no signs or sign supports which shall obscure vision between the height of three feet and ten feet of the street or driveway grade allowed within 40 feet of the in:c. .,,-...ions of streets and /or driveways. 10. Signs mounted or painted on stationary motor vehides, trailers and related devices in order to circumvent the intent of this code. 11. Off premises signs located within the "shoreline zone" as described in Chapter 18.44; on- premises, permanent signs located within the shoreline zone and specifically oriented to be visible from the "river environment," TMC 18.44.130. 12. Holneranhic disnlays. Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 8. 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 and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2003. ATTEST AUTHENTICA 1 ED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Animated signs- 6/6/03 Filed with the City Clerk- Passed by the City Council: Published: Effective Date. Ordinance Number: Steven M. Mullet, Mayor 4 Community and Parks Committee March 10, 2003 Present: Joan Hernandez, Chair; Joe Duffle, Pam Linder Rhonda Berry, Bruce Fletcher, Nora Gierloff, Steve Lancaster, Lucy Lauterbach; Dennis Robertson 1. Freedman. Tung and Bottomlev Design Review Contract A contract similar to this one was at the committee's last meeting. The Freedman, Tung and Bottomley firm will most likely be awarded the contract to study the Tukwila Urban Center and Transit Oriented Development. This contract at committee this week is a separate contract in the amount of 549,405 that would include design review of the Westfield Mall at Southcenter and Penney's Warehouse developments. Steve said adding these major projects will give the City the best chance of coordinating the total development of the TUC. It will create some efficiencies to work on both of these contracts, as they can talk to the Mall and Penny's site developers at the same time they're up here talking to other land owners. It is a time and materials contract. Funding will come from DCD's 2003 professional services budget. The TUC /TOD study is being funded by a grant. One of the things that will be studied is the best use of land in particular areas of the CBD. Transportation will be a part of decisions about uses. Steve talked about possible restrictions on the large -scale plans at the Mall and Penney's. The largest problem may be the wetlands that are on a part of the Penney's 19 -acre site. Circulations through the TUC will be part of the study. Joan asked how the Mall and Penney's could affect the TUC redevelopment plans. Steve pointed to several corners of the Mall site, saying what was developed at the Mall could affect the intersections and adjoining spaces. The committee also asked if Michael Freedman will have enough time for both contracts. Steve thought he would, especially by working on the two contracts together. Recommend contract to Regular Meeting for discussion and adoption. 2. Proposed Comprehensive Plan Amendments Nora and Steve led the committee through the five draft amendments being proposed. The first was to increase the allowed height for public facilities in Low Density Residential (LDR) zones. Nora said public buildings from the community center to Thorndyke school have had problems meeting the current 30' height limit. Staff proposed allowing taller buildings if the public building had larger setbacks from their property lines. The current issue is that Starfire wants the grandstand at Fort Dent with a roof covering, to be larger than 30'. Thus far buildings that need to be higher have gone through the variance procedure, but that decision is made by the hearing examiner, and is generally not favored as an ongoing way to do business. Examples of the types of buildings that would be allowed higher rooftops were given as public facilities such as community centers, schools, and recreation centers. The committee wanted to know what else could be included if they approved the height increase in LDR, and if any undesirable uses could benefit from this. Because Starfire has said this is one deal maker they really need, the question was raised whether Starfire is a public or private facility and whether they could benefit from this even if the height change were made to the code. A second issue was recommended by the City Attorney, and addressed definition changes of "lot" and "site The committee had no comments on that proposal. The third issue was where to allow automobile rentals as a use in the zoning code. Because the city code does not address this, businesses want to put rental sites in NCC, for example. The committee first said to separate truck rentals and sales from car rentals and sales. One of their proposals is to allow car rentals where car sales are allowed. However, whether they would fit in the TUC or RC was debatable. Staff will work on this issue before the next meeting. A fourth issue was adding mini storage to the zoning code. Again, staff has generally allowed them where warehouses are allowed in the city, which includes RC and TUC. Whether self storage buildings would be good in those zones was questioned. RC, RM and TUC have design review, so units could look better than a normal warehouse, but they would be the same kinds of warehouse storage as everywhere else in the industrial or manufacturing zones. Staff said this is a popular business now, since it costs little to put up the buildings, and little maintenance is needed, with a good revenue stream resulting from the buildings. Staff will also work on this issue. The final proposal was about animated signs, which are becoming more popular with sign makers. The Grand Casino has a sign that could be animated, though staff told them that would be illegal under our current code. The committee talked about the frequency of sign changes, agreeing that the signs on I -5 near Fife are distracting and generally bad. This is one issue where action is needed fairly quickly, as companies want flashing signs and our code only addresses old technology, not current LED and electronic lights. Reschedule. 3. Grandmother's Hill Grant Bruce asked the committee to support staff's request for an Interagency Committee for Outdoor Recreation (IAC) grant. He said the project fits well with the Park and Open Space Plan of the City. The resolution is needed by April 30` The committee supported the resolution. Recommend resolution to Regular Meeting., Committee Chair approval Community and Parks Committee Tuesday, March 25, 2003 Present: Joan Hernandez, Joe Duffle, Jim Haggerton, Rhonda Berry, Steve Lancaster, Deb Ritter, Dennis Robertson, 1. Discussion on Proposed Sign and Zoning Code Amendments: Deb presented the staff report detailing amendments to the Sign and Zoning Codes. These proposed amendments were discussed at the committee meeting on March 10, with staff having been directed to further refine the options for consideration. After a fair amount of discussion the committee recommended the following policy options be referred to the Planning Commission: I. Update the sign code language to reflect current technology while retaining existing content restrictions and the ban on movement and flashing; II. Determine allowable building heights (for those structures allowed in the Public Recreation Overlay) via a sliding scale which calculates height in proportion to the building's distance from property lines; the committee also requested that staff recommend a maximum allowable height, and that illustrative diagrams be included when this matter comes back for Council deliberation; III. Add automobile and truck rentals as separate use categories in the Zoning Code; that companies renting vehicles not requiring a commercial driver's license (including cars, sport utility vehicles, mini -vans, recreation vehicles, cargo vans, trucks and some flat bed) be allowed in those zones where the sales of automobiles, recreations vehicles, travel trailers and used cars are currently allowed, irther, that commercial truck and fleet rentals requiring a commercial driver's license be allowed in those zones where sales and rental of heavy machinery and equipment are currently allowed. IV. Add self storage as a use category in the zoning code, and that "self- storage" or "mini- storage" be allowed as an outright permitted use in any zone (i.e. RC, RCM, TUC, C /LI, LI, HI, MIC /L, MICH, and TVS); that currently allows warehouse storage. 2. Other Joe inquired as to what could be done to prohibit the ongoing car sales on residential streets. Staff will pursue options with City Attorney and MSRC and report back to committee. Dennis questioned parking requirements for some of the big box stores such as Home Depot and Lowe's, and how outdoor storage has affected those stores' compliance with zoning requirements. Steve responded that in many cases those establishments have excess parking and have made business decisions to use the extra parking spaces for storage rather than for customer parking. In some cases this has resulted in available parking being temporarily reduced below the minimum specified by the Zoning Code. We may revisit this issue of parking minimums and outdoor sales /storage as part of the Tukwila Urban Center plan update. Joan and Jim asked if anything could be done about the "Human Signs" i.e. people wearing sandwich boards advertising businesses and waving to passers -by. Steve noted a recent court case in which the City of Bremerton's prohibition against such signs was upheld. We will continue to monitor that case as it wends through the appeal process. Committee Chair Approval The Public Hearing was called to order by Chair Whisler at 7:00 p.m. Present: Chair, Kirstine Whisler, Vice Chair, George Malina, Commissioners: Vem Meryhew, Bill Arthur, Henry Marvin, and, Allan Ekberg. Excused Absence: Margaret Bratcher Chair Whisler swore in those wishing to provide testimony. PLANNING COMMISSION PUBLIC HEARING MINUTES APRIL 24, 2003 Representing City Staff: Jack Pace, Minnie Dhaliwal, Deb Ritter, and Wynetta Bivens. GEORGE MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM FEBRUARY 24, 2003. VERN MERYHEW SECONDED THE MOTION; THE MOTION WAS UNANIMOUSLY APPROVED. CASE NUMBER: L03 -005 APPLICANT: Justin Abbott for T- mobile/Voicestream REQUEST: Conditional Use permit for a rooftop wireless facility. LOCATION: 1224 Andover Park East Bill Arthur made a declaration, he stated his spouse and daughter are employed by competitors of T- mobileNoicestream. He stated his objectivity would not be effected and asked if anyone objected to him participating in the hearing? Justin Abbot for the applicant had no objections to Commissioner Arthur hearing the case. Minnie Dhaliwal gave the presentation for staff. Staff recommends approval of the Conditional Use Permit with the following conditions: 1. The fiberglass screening around the antennas must be painted to match the existing building. 2. Prior to issuance of construction permit, applicant shall provide a letter from the owner stating the easement to the Railroad Company has been rescinded. Prior to the hearing the applicant submitted a letter to staff regarding the easement to the Railroad Company, which was passed around among the Commissioners for review. After the easement to the Railroad Company was discussed at some length Commissioner Meryhew suggested the City Attorney should review the documentation that was submitted. Justin Abbott, for the applicant, commented on the easement issue stating when the property was purchased the rail road tracks had been removed. He stated an attorney had reviewed the title report and declared the rights had ceased. Mr. Abbot continued with an overview of the project. Mr. Abbott explained that he had construction drawings that were more detailed then the zoning drawings that the Commission received in their packets. The construction drawings show an additional access ladder that will be located within the fenced area. This addition is necessary because the ladder physically inside of the structure does not meet required standards. The maintenance crew will use the ladder to gain access to the antennas to do maintenance once a month. Mr. Abbott also answered questions for the Commission, There were no further comments. Public Hearing closed by Chair Whisler. Planning Commission Page 2 The Commission deliberated. GEORGE MALINA MADE A MOTION TO APPROVE STAFF'S FINDINGS, CONCLUSIONS, RECOMMENDATIONS, AND CONDITIONS (AMENDING CONDITION #2 BY REQUESTING IT IS REVIEWED BY THE CITY ATTORNEY) FOR CASE NUMBER L03 -005 FOR A CONDITIONAL USE PERMIT. VERN MERYHEW SECONDED THE MOTION, ALL VOTED IN FAVOR. CASE NUMBER: APPLICANT: REQUEST: 1. 2. 3. 4. LOCATION: L03 -010 Code Amendments City of Tukwila Update Sign Code regulations dealing with animated signage. Increase the allowed height for structures located in the Low Density Residential Zone where a Public Recreation Overlay applies. Add automobile and truck rentals as separate land use categories in the Zoning Code. Add self storage as a land use category in the Zoning Code. Various Deb Ritter gave the presentation for staff. She gave an overview of each of the four proposed Code Amendments, including the options that City Council forwarded to the Planning Commission for consideration. There was no one present that wished to give testimony. There were no further comments. Public Hearing closed by Chair Whisler. The Commission deliberated. There was extensive discussion on the proposed Code Amendments. The Commissioners deemed it necessary to have a definition of self storage before they could make a decision on the self storage code. The Planning Commission decided car and truck rentals should also be allowed in the MIC/L and MIC/H zones. They were particularly concerned with the potential of 80 -ft. structures in a residential area. They were also strongly opposed to animated signs and the consensus was to continue the ban currently in effect. Below is the list of the proposed codes with the Planning Conunission request or recommendations. In order to complete the Planning Commission's requirements staff will need to make some revisions and provide the Planning Commission with some additional information. Proposed: Proposed: Add self storage as a land use category in the Zoning Code Staff needs to retum to the Planning Conunission with a definition of mini storage and self storage before a decision can be made. Add automobile and truck rentals as separate land use categories in the Zoning Code Change verbiage for codes 18.36.020 and 18.38.020 on page 7 of the staff report to read the same as code 18.34.020, so there is consistency across the districts Proposed: Increase the allowed height for structures located in the Low Density Residential Zone where a Public Recreation Overlay applies. Recommendation to the City Council that the Board of Architectural Review will review structures over 30 -ft in height when located in the Public Recreation Overlay in the LDR zone. Q:\PLANCOMVIINUTES41- 24- 03.doc Planning Commission Page 3 Proposed: Update Sign code regulations dealing with animated signage. Continue to ban all animated signs Staff will continue to research and provide information to the Planning Commission on how brightness is measured. The Code Amendments will come before the Planning Commission again on May 22nd in a worksession. Directors Report Update on upcoming projects Sensitive Area Ordinance JC Penney's Mall Expansion Report on updating Comp Plan Chair Whisler requested a meeting calendar be established for the summer to help with vacation scheduling. Adjourned at 8:48 PM Respectfully Submitted Wynetta Bivens Administrative Secretary Q:\PLANCOM\M!NUTES \4- 24- 03.doc The Public Hearing was called to order by Chair Whisler at 7:00 PM. Present: Chair, Kirstine Whisler, Vice Chair, George Malina, Commissioners: Vern Meryhew, Bill Arthur, Margaret Bratcher and Allan Ekberg. Excused Absence: Henry Marvin Representing City Staff: Steve Lancaster, Minnie Dhaliwal, and Wynetta Bivens. GEORGE MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM APRIL 24, 2003. BILL ARTHUR SECONDED THE MOTION; THE MOTION WAS UNANIMOUSLY APPROVED. pI Deliberation continuation on Code Amendments from the 4/23/03 Public Hearing. �lk� CASE NUMBER: L03 010 Code Amendments 1 APPLICANT: City of Tukwila REQUEST: 1. Update Sign Code regulations dealing with animated signage. 2. Increase the allowed height for structures located in the Low Density Residential Zone where a Public Recreation Overlay applies. 3. Add automobile and truck rentals as separate land use categories in the Zoning Code. 4. Add self storage as a land use category in the Zoning Code. LOCATION: Various Steve Lancaster, Director of Community Development, gave an overview of each of the revised Code Amendments. Staff recommended forwarding these proposed changes to the City Council. Mr. Lancaster also read comments for consideration provided by Commissioner Ekberg via e-mail in his absence. Modified Proposed Code Amendments: 1. Update Sign Code regulations dealing with animated signage. Staff presented the Planning Commission with 2 options: Option #1 Ban animated signs but allow electronic signs. Option #2 Ban electronic signs altogether. The Planning Commission is not interested in banning electronic signs but they want to regulate the level of brightness and prohibition on animation. Therefore, staff is recommending that the daytime brightness level be limited to 5,000 nits and nighttime brightness to 500 nits. To administer the proposed revisions the City would attempt to purchase the necessary equipment out of the 2004 budget. The Planning Commission had questions regarding what a nit is and what it is in relationship to a watt. Mr. Lancaster stated it is difficult grasping with just a number the relative brightness. He compared the City of Sea Tac standards to Tukwila's proposed standards and Tukwila's standards will be considerably less. Q:\PLANCOM\ IINUTES\5- 22- 03.doc DRAFT PLANNING COMMISSION PUBLIC HEARING MINUTES ON CODE AMENDMENTS MAY 22, 2003 3. 4 Planning Commission Page 2 The Commissioners were in consensus with Option #1. Mr. Lancaster read Commissioner Ekberg's comments for consideration in his absence. Commissioner Ekberg elected to go with Option #1. 2. Increase the allowed height for structures located in the Low Density Residential Zone where a Public Recreation Overlay applies. At the April 23' public hearing the Commission voiced a concern regarding having the ability to go up to a maximum of 80- feet. After further review it was determined standards could be reduced to 50 -feet and still work for the Starfire project and other similarly zoned projects. Staff is also suggesting as a way to modify the potential impact for increase height, more of a set -back requirement. The original proposal was one foot of additional height for every 3 -feet of additional set -back, staff is now proposing 1 foot for every 4 -feet. Under this standard it was determined the building would have to be set -back from 85 -feet to 100 -feet in order to achieve the maximum 50 -feet. For structures more than 30 -feet in height Design Review will be a requirement. Staff suggested that projects that otherwise do not require City approval come before the BAR. Projects that City Council has final review on do not need to come before the BAR. Mr. Lancaster read Commissioner Ekberg's comments for consideration in his absence. Mr. Ekberg concurred with staff. Mr. Lancaster addressed questions raised by the Commission. The Commissioners were in consensus that structures over 30 -feet needed to come before the BAR with a maximum of 50- feet and with a set -back of 1 foot for every 4 -feet. Mr. Lancaster stated there may be some vesting issues on the Starfire project because they have already submitted applications under the current codes. If the City Council adopts the proposed recommendation he will keep the Commission posted on the timing of how things will come before the Commission. Add automobile and truck rentals as separate land use categories in the Zoning Code. At the April 23r public hearing the consensus were, change verbiage for codes 18.36.020 and 18.38.020 on page 7 of the staff report to read the same as code 18.34.020, so there is consistency across the districts. Add self storage as a land use category in the Zoning Code. Staff provided a defmition of self storage per the Commission's request at the public hearing on 4/23/03. It read, "Self Storage Facility" means a building designed and used for the purpose of renting or leasing individual indoor storage space to customers who are to have access to the space for the purpose of storing or removing personal property on a self service basis. The Commission concurred with the districts in which self storage would be allowed. Mr. Lancaster read Commissioner Ekberg's comments for consideration. He had one question, which was addressed and had no issues with staff' s recommendation. RECOMMENDATIONS TO BE FORWARDED TO THE CITY COUNCIL: 1. Sign Code Regulations Adoption of Option #1 as proposed in the staff report. 2. Increase in allowed height for structure.... Adoption of the proposed changes in the staff report with the exception of the provision those projects that require City Council approval do not need to go to the BAR. Planning Commission Page 3 3. Automobile and truck rentals Commercial truck and fleet rentals that do not require commercial driver's licenses should be allowed in the (RC, RCM, TUC, C/LI, HI and TVS, MIC/L and MIC/H) zones. Rentals that require commercial driver's licenses should be allowed in the (C/LI, LI, HI, MIC/L, MIC/H and TVS) zones. 4. Self Storage New definition of "Self Storage" as written in the staff report be adopted and the self storage facility be a permitted use in (RC, RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H and TVS) zones. BILL ARTHUR MADE A MOTION TO ADOPT THE RECOMMENDATIONS AS RECITED BY DIRECTOR LANCASTER. GEORGE MALINA SECONDED THE MOTION, ALL VOTED IN FAVOR. Adjourned at 8:10 PM Respectfully Submitted Wynetta Bivens Administrative Secretary Q:\PLANCOM\MINUTES\5- 22- 03.doc I CAS Number: 03-077 Agenda Item Title: Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Conunittee: Administration: Cost Impact (if known): Fund Source (ifknown): Meeting Date COUNCIL AGENDA SYNOPSIS Meeting Date 06 -09 -03 0 1 7 I Original Agenda Date: 06 -09 -03 Briefing on code amendments pertaining to animated signsQheight in LDR/PRO zone9auto rentals and self storage facilities. Council None Initials----- Prepared „bg4, 1 Mayor's review 1 Council review S.L( 1 ,e4t1 J 1 _Lea I I I I I I I Admin. x Review the Planning Commission's recommendations on the four proposed code amendments. CAP referred to the Planning Commission; March 25, 2003 ITEM No. Briefing on code amendments pertaining to animated signs, height in LDR/PRO zones, auto rentals and self storage facilities. Meeting Date Attachments 106 -09 -03 I Memo from Steve Lancaster dated 06- 04 -03. Three proposed draft ordinances -1) sign code changes re: animated signs 2) oning code changes re: height allowance in LDR/PRO zones; 3) zoning code changes re: auto rental and self storage facilities. I CAP minutes 03 -10 -03 I CAP minutes 03 -25 -03 I Planning Commission meeting minutes April 24, 2003 and May 22, 2003(draft). MT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1758, AS CODIFIED AT TMC 18.42.030 RELATING TO BUILDING HEIGHT STANDARDS WITHIN A LOW DENSITY RESIDENTIAL/PUBLIC RECREATION OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, public recreational facilities located in or near low- density residential areas may be unreasonably constrained if structure height is strictly limited to that of nearby housing; and WHEREAS, public recreational uses are typically sited on parcels of significantly greater area than those of nearby homes, providing opportunities for providing land use compatibility and greater development flexibility through increased setbacks; and WHEREAS, on April 24, 2003 the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning a proposal to modify the Tukwila Zoning Code's height limitations relating to structures located within the Low Density Residential /Public Recreation Overlay (LDR /PRO) zoning district; and WHEREAS, on May 22, 2003 the Tukwila Planning Conunission adopted a motion recommending that the Tukwila City Council amend the Zoning Code to provide for a height bonus in the LDR /PRO zoning district, subject to case -by -case design review; and WHEREAS, on June 23, 2003 the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendation of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1758, §1 (part), as codified at TMC 18.42.030, is amended as follows: 18.42.030 Basic Development Standards. Development standards for the PRO district shall be as specified by this title for the underlying district. However. when the underlying district is the LDR (Low- Density Residential) district structures may he granted a height bonus of one additional foot of height for every four feet of excess setback li.e.. setback over and above the T.DR minimum standard). un to a maximum height f 50 feet. Structures for which a height bonus is reouested shall he suhiert to Board of Architectural Review annroval under the "Commercial and Light Industrial Design Review Criteria" provisions of Chanter 18.60. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Sign CodeHeight 1, 6/6/03 1 Section 3. 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 and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2003. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance No.: Sign code Height 2, 6/5/03 2 Original Sponsor: Timeline: Sponsor's Summary: COUNCIL AGENDA SYNOPSIS Meeting Date 06 09 03 Council Prepared*, S.L Admin. Initials--- Mayor's review kdt13 Council review Sal ,,1TEMpM�TQ1� M; ITEM No, (c) CAS Number: 03-078 I Original Agenda Date: 06 -09 -03 Agenda Item Title: Briefing on code amendments pertaining to animated signs, height in LDR/PRO zones auto rentals and self storage facilities) X Briefing on code amendments pertaining to animated signs, height in LDR/PRO zones, auto rentals and self storage facilities. Recommendations: Review the Planning Commission's recommendations on the four proposed code amendments. Sponsor: Committee: CAP referred to the Planning Commission; March 25, 2003 Administration: Cost Impact (if known): None Fund Source (if known): Meeting Date I 106 -09 -03 1 Memo from Steve Lancaster dated 06 04 03. Three proposed draft ordinances -1) sign code chan es re: animated signs; 2) zoning code changes re: height allowance in LDR/PRO zones; 3) oning code changes re: auto rental and self storage facilities. CAP minutes 03 -10 -03 I CAP minutes 03 -25 -03 I Planning Commission meeting minutes April 24, 2003 and May 22, 2003(draft). 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AND CHAPTERS OF THE TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," RELATING TO AUTOMOBILE RENTALS AND SELF STORAGE AS PERMITTED USES IN VARIOUS TUKWILA ZONING DESIGNATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECITVE DATE. WHEREAS, the Zoning Code of the City of Tukwila does not list automobile or truck rentals as a separate use category and, in the past, auto rentals have been allowed in any zone that allowed auto sales, and the Council wishes to amend the code to list auto rentals as a separate use category; and WHEREAS, there are different categories of auto rentals and the City desires to distinguish between renting of smaller vehicles that do not require a commercial driver's license and renting of larger vehicles that do require a commercial driver's license; and WHEREAS, the Zoning Code of the City of Tukwila does not list self-storage facilities as a separate use category and, in the past, the City has allowed self-storage facilities in any zone that allowed warehouse storage, and the City wishes to list self-storage facilities as a separate use category; and WHEREAS, on April 24, 2003 the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Zoning Code regarding auto rentals and self-storage facilities and, on May 22, 2003, adopted a motion recommending the proposed changes; WHEREAS, on the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new definition is hereby added to TMC Chapter 18.06, "Definitions" as follows: 18.06.707 Self Storage Facility. "Self Facilitemeans a building designed and used for the ournose of renting or leasing individual indoor storage space to customers who are to have access to the space for the purpose of storing or removing personal property on a self-service basis. Section 2. Ordinance Nos. 1986 §7, 1971 §10, 1865 §27, 1830 §14, 1814 §2 and 1758 §1, as codified at TMC 18.24.020, are hereby amended to read as follows: 18.24.020 Permitted Uses. The following uses are permitted outright within the Regional Commercial district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed; Auto Rentals, Self Storage 6/03 1 b. washing; c. body and engine repair shops (enclosed within a building). 4. Beauty or barber shops. 5. Bicycle repair shops. 6 Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III Landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities, 16. Day care centers. 17. Dwelling Multi- family units on a lot that does not front on Tukwila International Boulevard South subject to the HDR requirements of TMC 18.50.083, Maximum Building Length, and TMC 18.52.060, 2.-4., Recreation Space Requirements. 18. Financial: a. banking; b. mortgage; c, other services. 19. Fix-it, radio or television repair shops/ rental shops. 20. Fraternal organizations. 21 Frozen food lockers for individual or family use. 22. Greenhouses or nurseries (commercial) 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Laundries: a. self serve; b. dry cleaning c. tailor, dyeing. 26. Libraries, museums or art galleries (public). 27. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 28. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, dothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 29. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 30. Medical and dental laboratories. 31. Mortician and funeral homes. 32. Motels. 33. Offices, including: a. medical; b. dental; c. government; excluding fire and police stations; d. professional; e. administrative; f. business, such as travel, real estate; Auto Rentals, Sdf Stomge 6/61)3 2 g. commercial. 34. Outpatient, inpatient, and emergency medical and dental. 35. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 36. Planned shopping center (mall). 37. Plumbing shops (no tin work or outside storage). 38. Recreation facilities (commercial indoor), athletic or health clubs. 39. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 40. Rental of vehicles not requiring a commercial driver's license fincludino automobiles, snort utility vehicles. mini -vans. recreational vehicles, cargo vans and certain trncksl 40: 41. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 4442. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 42.4'i. 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. 43-44. Schools and studios for education or self improvement. 45. Self- storage facilities. 44:46. 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. 45.47. Studios art, photography, music, voice and dance. 46: 48.Taverns, nightclubs. 47.49. Telephone exchanges. 48. 50.Theaters, excluding "adult entertainment establishments as defined by this Code. 49.51. Warehouse storage and /or wholesale distribution facilities. ago, 52. 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. Section 3. Ordinance Nos. 1986 §8, 1971 §11, 1830 §17, 1814 §2 and 1758 §1, as codified at TMC 18.26.020, are hereby amended to read as follows. 18.26.020 Permitted Uses. The following uses are permitted outright within the Regional Commercial Mixed Use district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required, 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive a. gas, outside pumps allowed; b, washing; c. body and engine repair shops (enclosed within a building). 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering). 9. Bus stations. Auto Rentals, Self Slams 6/6,03 3 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Day care centers. 17. Dwelling Multi- family units above office and retail uses. 18. Financial: a. banking; b. mortgage; c. other services. 19. Fix-it, radio or television repair shops /rental shops. 20. Fraternal organizations. 21. Frozen food lockers for individual or family use. 22. Greenhouses or nurseries (commercial). 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Laundries: a. self serve; b. dry cleaning; c. tailor, dyeing. 26. Libraries, museums or art galleries (public). 27. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 28. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 29. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 30. Medical and dental laboratories. 31. Mortician and funeral homes. 32. Motels. 33. Offices, including: a. medical; b. dental; excluding fire and police stations; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 34. Outpatient, inpatient, and emergency medical and dental. 35. Parks, trails, picnic areas and playgrounds public) but not including amusement parks, golf courses, or commercial recreation. 36. Planned shopping center (mail). 37. Plumbing shops (no tin work or outside storage). 38. Recreation facilities (commercial indoor), athletic or health clubs. 39. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 40 Rental of vehicles not reouirine a commercial driver's license lindudino automobiles snort utility vehicles. mini -vans recreational vehicles. cargo vans and certain trucks). 49.41. Restaurants, including: a. drive through; b. sit down; Auto Rentals, Self Storage 6/6/03 4 c. cocktail lounges in conjunction with a restaurant. 41.42. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 4 43.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. 4344. Schools and studios for education or self improvement. 45. Self storage facilities. 44: 46. 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. 45.47. Studios art, photography, music, voice and dance. 46.48. Taverns, nightclubs. 47.49. Telephone exchanges. 48.50. Theaters, excluding "adult entertainment establishments as defined by this Code. 49751. Warehouse storage and/ or wholesale distribution facilities. 50.52. 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; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 4. Ordinance Nos. 1986 §9, 1974 §5, 1971 §12, 1830 §20, 1814 §2 and 1758 §1, as codified at TMC 18.28.020, are hereby amended to read as follows: 18.28.020 Permitted Uses. The following uses are permitted outright within the Tukwila Urban Center district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales Lots. No dismantling of cars or travel trailers nor sale of used parts allowed. 3. Automotive services• a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 4. Beauty or barber shops. 5. Bicyde repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Day care centers. 17. Financial: a. banking; b. mortgage; c. other services. 18. Fix -it, radio or television repair shops/ rental shops. 19. Fraternal organizations. Auto Rentals, SellSta>age 6/6/03 5 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data /telecommunication centers 26. Laundries; a. self -serve; b. dry cleaning; c. tailor, dyeing. 27. Libraries, museums or art galleries (public). 28. Manufacturing, ng and/ or packaging of foods, including but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 29. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 30. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 31. Manufacturing, processing, assembling, packaging and/ or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 32. Medical and dental laboratories. 33. Mortician and funeral homes. 34. Motels. 35. Offices, including: a. medical; b. dental; c. government; excluding fire and police stations; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 36. Outpatient, inpatient, and emergency medical and dental. 37. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 38. Pawnbrokers 39. Planned shopping center (mall). 40. Plumbing shops (no tin work or outside storage). 41. Railroad tracks (including lead, spur, loading or storage): 42. Recreation facilities (commercial indoor) athletic or health clubs. 43. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 44. Rental of vehicles not requiring a commercial driver's license (including automobiles, snort utility vehicles, mini -vans, recreational vehicles. cargo vans and certain trucks). 4445. Restaurants, including: a, drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 45.46. Retail sales of furniture, appliances, automobile parts and accessories, liquor, Lumber /building materials, lawn and garden supplies, farm supplies. 46 47. 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. 47.48. Schools and studios for education or self improvement. 49. Self storage facilities. 48.50. 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. 49.51. Studios art, photography, music, voice and dance. Auto Rentals, SetfStorage 6/6/03 6 50:52. Taverns, nightclubs. 53.Telephone exchanges. 52.54. Theaters, excluding "adult entertainment establishments", as defined by this Code. 53:55. Warehouse storage and/or wholesale distribution facilities. 54756.0ther 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. Section 5. Ordinance Nos. 1986 §10, 1974 §6, 1971 13, 1830 §23, 1814 §2 and 1758 §1, as codified at TMC 18.30.020, are hereby amended to read as follows: 18.30.020 Permitted Uses. The following uses are permitted outright within the Commercial 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 park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library; b, the distances specified in subdivision a. of this subsection 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; 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. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services a gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. Auto Rentals, Self Storage 616/03 7 14. Contractor storage yards. 15. Convention facilities. 16. Convalescent and nursing homes for not more than 12 patients. 17. Day care centers. 18. Financial: a. banking; b. mortgage; c. other services. 19. Fix -it, radio or television repair shops rental shops. 20. Fraternal organizations. 21. Frozen food lockers for individual or family use. 22. Greenhouses or nurseries (commercial). 23. Heavy equipment repair and salvage. 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. 26. Internet data /telecommunication centers 27. Laundries: a. self -serve; b. dry cleaning; c. tailor, dyeing. 28. Libraries, museums or art galleries (public). 29. Manufacturing, processing and/ or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 30. Manufacturing, processing and /or packaging of foods, including but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 31. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 32. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, dothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 33. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 34. Medical and dental laboratories. 35. Mortician and funeral homes. 36. Motels. 37. Offices, including: a. medical; b. dental; c. government; excluding fire and police d. stations; e. professional; f. administrative; g. business, such as travel, real estate; h. commercial. 38. Outpatient, inpatient, and emergency medical and dental. 39. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Railroad tracks, (including lead, spur, loading or storage). 44. Recreation facilities (commercial indoor) athletic or health clubs. 45. Recreation facilities (commercial indoor), induding bowling alleys, skating rinks, shooting ranges. 46. Rental of vehicles not reauirine a commercial driver's license (including automobiles. snort utility vehicles, mini -vans. recreational vehicles cargo vans and certain trucks). 47. Rental of commercial trucks and fleet rentals repairing a commercial driver's license. 44748. Restaurants, including: Auto Rentals, Self Storage 6 /6/03 8 a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 4� 49.Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 48:50. 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. 49: 51.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. 507 52.Salvage and wrecking operations that are entirely enclosed within a building. 51.53. Schools and studios for education or self improvement. 54. Self storage facilities. 527 59.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. 53:56.Studios art, photography, music, voice and dance. 54.57. Taverns, nightclubs. 55' 5858.Telephone exchanges. 5659. Theaters, excluding "adult entertainment establishments as defined by this Code. 57.60. Tow truck operations, subject to all additional State and Local regulations. 5&61.Truck terminals. 59: 62. Warehouse storage and/ or wholesale distribution facilities. 607 63.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. Section 6. Ordinance Nos. 1986 §11, 1974 §7, 1971 §14, 1814 §2, 1774 §1 and 1758 §1, as codified at TMC 18.32.020, are hereby amended to read as follows: 18.32.20 Permitted Uses. The following uses are permitted outright within the 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 park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library b. the distances specified in TMC 18.32.020.1.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. 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. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. Auto Rentals, Self Storage 6/6,03 9 3. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenters shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to the Off-Street Parking and Loading Chapter (18.56 TMq. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Day care centers. 16. Financial: a. banking; b. mortgage; c. other services. 17. Fix-it, radio or television repair shops/ rental shops. 18. Fraternal organizations. 19. Frozen food lockers for individual or family use. 20. Greenhouses or nurseries (commercial). 21. Heavy equipment repair and salvage. 22. Hotels. 23. Industries involved with etching, film processing, lithography, printing, and publishing. 24. Internet data/ telecommunication centers. 25. Laundries: a. self-serve; b. dry cleaning; c. tailor, dyeing. 26. Libraries, museums or art galleries (public). 27. Manufacturing, processing and/or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand-forging. 28. Manufacturing, processing and/or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats of other transportation vehicles and equipment. 29. Manufacturing, processing and/or packaging of 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). 30. Manufacturing, processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 31. Manufacturing, processing, and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tiles, and woods. 32. Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 33. Medical and dental laboratories. 34. Mortician and funeral homes. 35. Motels. 36. Offices, including: a. medical; b. dental; c. government; excluding fire and police stations; d. professional; e. administrative; Auto Rentals, Self Storage 6/6,03 10 f, business, such as travel, real estate; g. commercial. 37. Outpatient, inpatient, and emergency medical and dental. 38. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 39. Pawnbrokers. 40. Planned shopping center (Mali). 41. Plumbing shops (no tin work or outside storage). 42. Railroad tracks (including lead, spur, loading or storage). 43. Recreation facilities (commercial indoor) athletic or health clubs. 44. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 45. Rental of vehicles not reouirine a commercial driver's license (includine automobiles. snort utility vehicles. mini -vans. recreational vehicles, careo vans and certain trucics). 46. Rental of commercial trucks and fleet rentals re_ouirine a commercial driver's License. 45.47.Restaurants, including: a. drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 4648. 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. 47 -.49. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 4850 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. 4951, Salvage and wrecking operations that are entirely enclosed within a building. 50.52. Schools and studios for education or self improvement. 53.Self- storage facilities 51, 54.Storage (outdoors) 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 52. 55.Taverns, nightclubs. 58: 56.Te1ephone exchanges. 5457. Theaters, excluding "adult entertainment establishments as defined by this Code. 5558, Tow truck operations, subject to all additional State and local regulations. 5659. Truck terminals. 57,60, Warehouse storage and /or wholesale distribution facilities. 5861. 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. Section 7. Ordinance Nos. 1986 912, 1974 98, 1971 915, 1814 92, 1774 92 and 1758 91, as codified at TMC 18.34.020, are hereby amended to read as follows: 18.34.020 Permitted Uses. The following uses are permitted outright within the 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 Auto Rentals, Self Storage 6/6/03 11 (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. the distances specified in TMC 18.34.020.1.a. shall be measured by following a straight line from the nearest point of the F r ,.:y 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 Iand 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. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenters shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to the Off-Street Parking and Loading Chapter (18.56 TMC). 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Day care centers. 16. Financial: a. banking; b. mortgage; c. other services. 17. Fix-it, radio or television repair shops /rental shops. 18. Fraternal organizations. 19. Frozen food lockers for individual or family use. 20. Greenhouses or nurseries (commercial). 21. Heavy equipment repair and salvage. 22. Hotels. 23. Industries involved with etching, film processing, lithography, printing, and publishing. 24. Internet data /telecommunication centers. 25. Laundries: a. self serve; b. dry cleaning; c. tailor, dyeing. 26. Libraries, museums or art galleries (public) 27. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 28. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 29. Manufacturing, processing and/ or assembling of 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. 30. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand- forging. Auto Rentals, Self Storage 6/6/03 12 31. Manufacturing, processing and /or packaging of 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). 32. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs 33. Manufacturing, processing, and /or packaging previously prepared materials including, but not Limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 34. Manufacturing, processing, assembling, packaging and/ or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 35. Medical and dental laboratories. 36. Mortician and funeral homes. 37. Motels. 38. Offices, including: a. medical; b. dental; c. government; excluding fire and police stations; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 39. Outpatient, inpatient, and emergency medical and dental. 40. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 41. Pawnbrokers. 42. Planned shopping center (mall). 43. Plumbing shops (no tin work or outside storage). 44. Railroad tracks, (including lead, spur, loading or storage). 45. Recreation facilities (commercial indoor), athletic or health clubs. 46. Rental of vehicles not repuiring a commercial driver's license (including automobiles. snort utility vehicles. mini -vans. recreational vehicles, cargo vans and certain truckst, 47. Rental of commercial trucics and fleet rentals reouiring a commercial driver's license. 46.48 Restaurants, including: a. drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 4 49.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. 48 50.Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 49:51.Rock crushing, asphalt or concrete balding or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 60:52. 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. 51.53. Salvage and wrecking operations. 52,54. Schools and studios for education or self improvement. 55. Self- storage facilities, 52, 56. 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. 54:57. 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. 5558. Taverns, nightclubs. 56: 5959.Telephone exchanges. 57,60. Theaters, excluding "adult entertainment establishments as defined by this Code. 55.61.Tow truck operations, subject to all additional State and local regulations. Auto Rentals, Self Storage 6/03 13 59, 62,Truck terminals. 60,63. Warehouse storage and/ or wholesale distribution facilities. 61,64,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. Section 8. Ordinance Nos. 1986 913, 1974 99, 1954 92, 1814 92, 1774 93 and 1758 §1, as codified at TMC 18.36.020, are hereby amended to read as follows: 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 park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC 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. 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. Beauty or barber shops; 4. Bicycle repair shops; 5. Brew pubs. 6. Bus stations; 7. Commercial laundries; 8. Contractors storage yards; 9. Day care centers; 10. Heavy equipment repair and salvage; 11. Hotels; 12. Industries involved with etching, film processing, lithography, printing, and publishing; 13. Internet data /telecommunication centers. 14. Laundries: a. self- serve; b. dry cleaning; c. tailor, dyeing; 15. Libraries, museums or art galleries (public); 16. Manufacturing, processing and /or assembling of electrical or mechanical equipment vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment; Auto Rentals, Self Storage 6/6,93 14 17. Manufacturing, processing and/ or assembling previously prepared metals including, bit not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand- forging; 18. Manufacturing, processing and /or packaging of 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); 19. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs; 20. Manufacturing, processing, and/ or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood; 21. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment; 22. Motels; 23. Offices including but not limited to software development and similar uses, financial services, schools and studios for education or self improvement less than 20,000 square feet. 24. Outpatient, inpatient, and emergency medical and dental; 25. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 26. Railroad tracks, (including lead, spur, loading or storage); 27. Recreation facilities (commercial indoor) athletic or health clubs; 28. Rental of vehicles not reaairing a commercial driver's license (including automobiles. snort utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 29. Rental of commercial trucks and fleet rentals reauiring a commercial driver's license. 28: 30.Restaurants, including. a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant; 29:31.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; 'y8.-32. Salvage and wrecking operations which are entirely enclosed within a building; 33. Self- storage facilities 41.34. 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; 3135. 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; 33:36. Taverns, nightclubs; 3737.Telephone exchanges; 35, 38.Tow truck operations, subject to all additional State and local regulations; 34, 39.Truck terminals; P. 40.Warehouse storage and/ or wholesale distribution facilities. 3 41. 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. Section 9. Ordinance Nos. 1986 §14, 1974 §10, 1971 §16, 1814 §2,1774 §4 and 1758 §1, as codified at TMC 18.38.020, are hereby amended to read as follows: 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: Auto Rentals, Self Storage 6/6/03 15 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 park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. the distances specified in TMC 18.38.020.1.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. 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. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Computer software development and similar uses. 8. Contractor storage yards. 9. Day care centers. 10. Financial: a. banking; b. mortgage; c. other services. 11. Heavy equipment repair and salvage. 12. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop hammering. 13. Hotels. 14. Industries involved with etching, film processing, lithography, printing, and publishing. 15. Internet data tek uucation centers. 16. Laundries: a. self -serve; b. dry cleaning; c. tailor, dyeing. 17. Libraries, museums or art galleries (public). 18. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 19. Manufacturing, processing and /or assembling of 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. 20. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand- forging. 21. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 22. Manufacturing, processing and/ or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, Auto Rentals, Self Storage 6/6/03 16 dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 23. Manufacturing, processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 24. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 25. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 26. Motels. 27. Offices; must be associated with another permitted uses (e.g., administrative offices for a manufacturing company present within the MIC). 28. Outpatient, inpatient, and emergency medical and dental. 29. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 30. Railroad tracks, (including lead, spur, loading or storage). 31. Recreation facilities (commercial indoor), athletic or health clubs. 32. Rental of vehicles not reauirine a commercial driver's license (including automobiles. snort utility vehicles. mini -vans. recreational vehicles, cargo vans and certain tricks). 33. Rental of commercial trucks and fleet rentals rerniirinr a commercial drivers license. 3 34.Restaurants, including: a. drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 33.35. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products front the above materials. 34, 36.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. 35.37. Salvage and wrecking operations. 36, 38.Schools and studios for education or self improvement. 39. Self- storage facilities. 3740. 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. 38:41. 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. 39.42. Taverns, nightclubs. 40.42.Te1ephone exchanges. 4344. Tow truck operations, subject to all additional State and local regulations. 42:45. Truck terminals. 43.46. Warehouse storage and/ or wholesale distribution facilities. 4447. 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. Section 10. Ordinance Nos. 1986 §15, 1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5 and 1758 §1, as codified at TMC 18.40.020, are hereby amended to read as follows: 18.40.020 Permitted Uses. The following uses are permitted outright within the Tukwila Valley South 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: Auto Rentals, Self Storage 6/6/03 17 (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 park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. the distances specified in TMC 18.40.020.1.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. 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. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services• a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking subject to the Off Street Parking and Loading Chapter (18.56 TMC). 13. Computer software development and similar uses. 14 Contractor's storage yards. 15. Convalescent and nursing homes for not more than twelve patients. 16. Convention facilities. 17. Day care centers. 18. Dwelling One detached single- family unit (includes factory built or modular home that meets UBC). 19. Farming and farm related activities. 20. Financial: a. banking; b. mortgage; c. other services. 21. Fix-it, radio or television repair shops/ rental shops. 22. Fraternal organizations. 23. Frozen food lockers for individual or family use. 24. Greenhouses or nurseries (commercial). 25. Heavy equipment repair and salvage. 26. Hotels. 27. Industries involved with etching, film processing, lithography, printing, and publishing. 28. Internet data /telecommunication centers. 29. Laundries: a. self serve; b. dry cleaning; c. tailor, dyeing. 30. Libraries, museums or art galleries (public). Auto Rentals, Self Storage 6/6/03 18 31. Manufacturing, processing and/ or packaging of 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). 32. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 33. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 34. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 35. Medical and dental laboratories. 36. Mortician and funeral homes. 37. Motels. 38. Offices, including: a. medical; b. dental; c. government; excluding fire and police stations; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 39. Outpatient, inpatient, and emergency medical and dental. 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 44. Railroad tracks, (including lead, spur, loading or storage). 45. Recreation facilities (commercial indoor), athletic or health clubs. 46. Recreation facilities (commercial indoor), induding bowling alleys, skating rinks, shooting ranges. 47. Rental of vehicles not reauirine a commercial driver's license (including automobiles. snort utility vehicles. mini -vans recreational vehicles. cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals reauirine a commercial driver's license. 47, 49.Restaurants, including: a. drive- through; b. sit down; c. cocktail Iounges in conjunction with a restaurant. 48: 50.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. 49:51.Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 58:52. 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. 5}53. Salvage and wrecking operations that are entirely enclosed within a building. 62, 5454.Schools and studios for education or self improvement. 55. Self storage facilities. 53:56. 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 54.57.Studios art, photography, music, voice and dance. c5, 5 B.Taverns, nightclubs. S6.59.Telephone exchanges. 57.60. Theaters, excluding "adult entertainment establishments as defined by this Code. 6161.Tow truck operations, subject to all additional State and local regulations. 89:62. Truck terminals. 60,63. Warehouse storage and /or wholesale distribution facilities. Auto Rentals, Sell Storage 6/6,93 19 4-64. 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. Section 11. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 12. 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 and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2003. ATTEST /AUTHENTICA I EU: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Auto Rentals, Self Storage 6/6,03 Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Count Published: Effective Date- Ordinance No.: 20 Special Meeting June 9, 2003; 7 p.m. 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING Tukwila City Council Agenda COMMITTEE OF THE WHOLE Steven M. Mullet, Mayor Councilmembers: Joe Duffie Dave Fenton Rhonda Berry, Acting City Administrator Jim Haggerton Joan Hernandez Pam Carter, Council President Executive Session: 6:30 PM 7 PM Potential Litigation Pursuant to RCW 42.30.110(1)(i) Pamela Linder Richard Simpson Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL a. Award of Excellence presentation to Tukwila Parks and Recreation. PRESENTATIONS b. Update on July 4 festivities by Tracy Thomas, P &R Supt. 3. CITIZEN At this time, you are invited to comment on items not included on COMMENT/ this agenda. To comment on an item listed on this agenda, please save your CORRESPONDENCE comments until the issue is presented for discussion. 4. SPECIAL ISSUES Briefing on code amendments: a. An ordinance amending the Sign Code regulations regarding animated signs. b. An ordinance amending the Zoning Code to allow an increase in maximum height of structures located in the Low Density Residential zones where a Public Recreation Overlay applies. c. An ordinance amending the Zoning Code to add auto rentals and self storage facilities as separate land use categories. 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney SPECIAL MEETING 1. CALL TO ORDER ROLL CALL Ord #2019 2. CONSENT AGENDA Approval of minutes: Time 2, 2003 Regular Meeting. 3. BID AWARD Award a contract to Dupont Flooring Systems in the amount of $91,875.67, including WSST, for the Tukwila Community Center Carpet Replacement Project. Res #1524 Pg. 3 Pg. 23 Pg. 27 Pg. 51 4. NEW BUSINESS a. b. 5. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by calling the City Clerks office 206 -433- 1800 /TDD 206 248 -2933. This notice is available in alternate formats for those with disabilities with advance notice and is also available at http: /www.ci.tukwila.wa.us. Tukwila Council meetings are audio taped. Accept as complete the Tukwila Community Center Carpet Replacement (Pg. 51) Project with Dupont Flooring Systems (final cost of project: $91,875.67) (see item 3 above, under "Bid Award Discussion and possible action, including a possible resolution for the p 57 award of Foster Golf Links Clubhouse Construction Project contract. COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date 1 Prepared by 1 Mayor's review 1 Council review I Special Mtg. 6/09/03 ist l'2 1 (r 0 3.fra 1 I 1 I J 1 I 1 I I ITEM INFORMATION CAS Number: 03-079 I Original Agenda Date: June 9, 2003 Agenda Item Title: Award, Completion and Acceptance for Tukwila Community Center Replace Carpet Original Sponsor: Timeline: Sponsor's Summary: Meeting Date 6/09/03 1 Meeting Date 1 6/09/03 Council Admin. Public Works As we had a state contract for all carpet purchases and installation, we issued the purchase order for the contractor to begin. Award and accept as complete the project with Dupont Flooring Systems for the Tukwila Community Center Replace Carpet Project. This project was substantially completed on May 13, 2003. No change orders were issued and this acceptance will formalize the closeout of this project. Recommendations: Sponsor: Award and acceptance of project. Committee: Recommend to Committee of the Whole. Administration: Same as Sponsor Cost Impact (if known): $91,875.67 (includes sales tax) Fund Source (if known): 303 Facilities RECORD OF COUNCIL ACTION Action Information Memo dated May 28, 2003 Purchase Order #PWE15476 Finance Safety Committee Meeting Minutes from June 2, 2003 APPENDICES Attachments INFORMATION MEMO To: Mayor Mullet City Council From: Public Works Director Finance Director Date: May 28, 2003 VV Subject: Tukwila Community Center Replace Carpet City Project 02 -BG09 Project Award, Completion and Acceptance ISSUE Award and accept as complete. BACKGROUND As part of the 303 Facilities list, replacing the carpet in the Tukwila Community Center was scheduled for last year. As we had a state contract for all carpet purchases and installation, we had the contractor begin the project. To meet a technical requirement, we need to both approve and accept the completion of the project. The purchase order for DuPont Flooring Systems was issued October 30, 2002, for City Project 02 -BG09. The carpet was substantially complete during the holidays in December, yet there was a significant punchlist so the second and final invoice was held until May 13, 2003, when all items were completed. The cost is summarized as follows: Purchase Order Amounts Base 84,444.55 Sales Tax 8S% 7.431.12 Total Amount Paid 91.875.67 RECOMMENDATION All work required has been completed. It is recommended that this project be awarded and accepted as complete. Attachments: Purchase Order #PWE15476 p:tom/info memo award closeout TCC carpet SHIP TO 6200 SOUTHCENTER BLVD TUKWILA, WASHINGTON 98188 (206) 433 -1800 7 VENDOR NAME ADDRESS 11, A CLO eI .3 5y <,rerA5 C 1 \57\ t� til AL Wy So k UC- Kr (J A C61 bh' 1'�V C. v� k'R'Q. E, F DEPT 317 k/J SSEET ADDRESS Lik Rk 2- 3/ qs67-- ,94i #3 a OTHER SOURCES I p2 sy G1(3, sZ' DEPARTMENTAL APPROVAL CITY OF TUKWILA QUOTF EXECUTIVE APPROVA' :l521 fPPAPmuFNT nnPV ECe QUOTE DEPT Pc 15476 CODE VERBAL QUOTE WRITTEN QUOTE r unvnti.71L vl I THIS NUMBER MUST APPEAR ON ALL PACKAGES, INVOICES, AND CORRESPONDENCE. /6-3(i -OZ- DATE TUKWILA, WA (71 Committee chair approval Finance and Safety Committee June 2, 2003 Present: Joe Duffle, Jim Haggerton, Richard Simpson Alan Doerschel, Frank Marie, Bob Abbott, Keith Haines, Lucy Lauterbach; Joanne McManus 1. TCC Carpet Replacement Listed as a project in the 2002 budget and substantially completed in December, 2002, the carpet replacement at the Community Center is now ready for acceptance. However, it was only when the bills carne in that staff realized the project had never been approved originally. The cost was $84,445 plus sales tax, leading to a $91,875.67 total cost. Because the carpet purchase was done through the state bid process with a purchase order, it didn't go through the normal bid process. Alan suggested the project be approved by the Council and also accepted as complete at the same time. Recommend project approval and acceptance to COW and Regular Meeting. 2. TIB Camera System Bob Abbott explained that the cameras on the highway are an integral part of police patrol and enforcement. They have used the tapes in cases to help prosecute crimes. The current cameras have been up since 1996, and they have clearly lived past their prime. They cannot be used effectively by the volunteers. Both the cameras and the equipment that controls the cameras need to be replaced. The equipment that allows pictures from the cameras to go to a tape can be replaced now. A multiplexer allows pictures to be seen on a tape in the neighborhood resource center. It has broken frequently, and the repair shop in Connecticut has taken 6 months to "fix" it, returning it as originally broken. Bob has worked hard to find a replacement, and was successful in locating an Auburn Native American company that has cameras that are much more advanced than the old one. The new Eagle Eye digital video recorder allows viewing from all five cameras at any time. If someone want to focus on one camera and zoom in, the other cameras are still being monitored by the system. Also, pictures can be stored on a disk, which is much handier than the old tapes the multiplexer used. Eagle Eye was the lowest of three bids for the new unit. Funding is available through the drug seizure money. Committee approval of new video recorder system for 59.356.80 including tax. 3. Medical Benefits Linda Grage did a lot of research with the IRS and determined that the Council salary plan could not include life insurance or disability insurance. Only medical, dental, and vision benefits are properly allowed. Information. 4. Bond Ordinance Alan explained that he will use an ordinance to change money between the street fund and the Facilities fund. He'll also roll an old bond into this one. He is trying to use the money for non taxable projects like the TIB instead of the village. He will bring the bond ordinance which must be correct for auditors and bond counsel both, to the combined COW /Special meeting on the 23 of June. Recommend bond to COW /Special Meeting. 5. Sales Tax Report Although the sales tax report for last month was good, it was due to a one- time adjustment from a Tukwila company that had not paid taxes for many years. Alan said the City revenues will still be down, though the whole year may be ok due to the utility tax and gambling tax. Information. I 6/9/03 I 6/9/03 CAS Number: 03-080 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): I Fund Source (if known): 03 Meeting Date 6/09/03 Initials Prepared by» Mayor's review I Council review R. Stillr}kl £iiS I -662 I I I I I I I I I 0a() Original Agenda Date: Foster Golf Links Clubhouse Contract Options Council Admin. Parks Recreation A discussion of the options available to the City Council regarding the Foster Golf Links Clubhouse Bid Opening. The Parks and Recreation Department will provide additional information under separate City Council Packets on June 9, 2003. Further Discussion at 6/9/03 Special Mtg. Same as Sponsor 411.00.594.760.62.19 Foster Golf Links is a Special Enterprise Fund. I No attachments ITEMNO. Special Mtg. 4(b) Number Bills That Have Passed and been Signed (or vetoed) by Governor this Session: (SB 5300) PW Trust Fund list HB 1063 Val Vue $1.3 M, Highline WD $750k SB 5409 Direct petition Annexation (HB 1231) Allows petition method. SB 5783 Streamlined Sales Tax study bill: we need final bill to (HB 1863) include compensation for cities that lose money Local Option Fuel Tax SB 5247 RTID (local)gas tax up to 10% of state tax instead of 100 currently allowed SB 5855 Adopt I -Code version of Building code (HB 1734) SB 5632 Utility Relocations to be paid by rail system if they disturb the routing of lines SB 5787 Port- sponsored bill to delete some environmental (HB 1876) requirements SB 5364 (HB 1281) SB 5307 SB 5728 HB 1376 SB 5531 SB 5370 Mandate Zoning for Manufactured Housing by 2004 SB 5033 Establishing a state 'do not call' list for phone sales SB 5047 Limiting sexual offender housing to manufacturing areas SB 5069 (HB 1047) SB 5151 SB 5668 SB 5689 SB 5815 SB 5899 1 SB 5536 Title 2003 Senate Bills June 9, 2003 Bills That Can Possibly Pass (reintroduced May 12) But Have a Poor Chance now Tax increment financing for revitalization areas Credit against area's state share of sales tax Requires issuance of project permits within 120 days Tort Reform with local government civil liability I Allows collection of storm water in barrels (3`" runway issue) Extend high tech research development tax deferrals W/S District Assumption Makes assumption of part of dist. more difficult Open Public Mts. Agencies post agendas 72 hours ahead for sp. reg mts; emergency exceptions allowed. Hotel Lodging tax bill requires 75% of be spent each year; tourism committee decides much spending Requires interlocal agreement between city county re revenue sharing issues before annexations can go on. Mosquito abatement authority Requires consultations an study of abatement methods Limit PUDs from deploying broadband telecommunications; 1" step in preventing same in cities Condominium construction liability law Status 1 Passed both Houses; governor signed Passed Senate House; governor signed Passed Senate House governor No signed Passed Senate House; governor signed I Passed House Senate governor signed 1 Passed both Houses; governor vetoed I Substitute Passed Senate House governor signed Passed Senate House Rules ready for vote June 5 Passed Senate House Rules June 5 Substitute bill passed Senate; House Rules June 4 Passed Senate; House Rules June 4 Passed Senate; House Rules reintroduced June 4 Senate original committee; reintroduced No action since original committee; reintroduced Senate Rules X file; reintroduced Senate Rules X file; reintroduced No action from original committee; Reintroduced June 4 Senate Rules X file; reintroduced No action since original committee Reintroduced June 4 Senate Rules X file; reintroduced Rules 2 reading Senate; reintroduced Passed Senate; House Rules; Reintroduced Senate Rules June 4 RECEIVED JUN 0 9 2003 ITY OF TUKWILA CITY CLERK sup port Y? 1 I Y N l Y N N I N I N I Y IY N No N No! Y N CAS Number: Agenda Item Title: Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Meeting Date COUNCIL AGENDA SYNOPSIS Initials ITEM NO. E l i Meeting Date Prepared by 1 Mayor's review Council review ECE!V E I I I I UN 0 9 2003 I YOF TUKWIL4, a:TY CLERK Original Agenda Date: Foster Golf Links Clubhouse Construction: Award of Contract Project Budget Council (Prior Authority on Project Basis) Parks Recreation Administration For approval, meeting of June 9, 2003. Following bid opening and "due diligence" review of bid submittals, contractor licenses, and background /reference qualifications, Parks and Recreation seeks to 1) award a construction contract to Wade Perrow Construction, LLC., for construction of the new Foster Golf Course Clubhouse; and 2) to establish the total construction project budget. (1) A contract award for clubhouse construction is sought in the amount of $3.044.768. (Bid amount $2,798,500 8.8% WSST $246,268.) -Ar(2) A total encumbrance for the clubhouse construction nroiect is sought at $3.349,245: adding to the contracted amount, provisions for an owner's construction contingency of $304, 477 10% of the total contract amount. Approve Resolution Sponsor: Parks Recreation Committee: Administration: Same as sponsor. Cost Impact (if ]mown): $3,349,245 ($2,798,500 (bid) $246,268 (8.8% tax)+ $304,477 (10 Contingency) I Fund Source (if known): 411.00.594.760.62.19 (Bonds by Finance) 6qO 3" 0'46 :4'0 .V% Action Meeting Date I Attachments Contract Form (From Project Manual) Bid Result Tabulation at Bid Opening Informational Memo from Owner's Representative Sweeney (Bid Result Due Diligence) A CITY OF TUKWILA OFFICE OF THE CITY CLERK Jane F. Cantu. CMC. Cite CHI(( BID OPENING - FOSTER GOLF LINKS CLUBHOUSE May 21, 2003 — 2:30 P.M. THE FOLLOWING DOES NOT CONSTITUTE A BID AWARD Clerical Note: All bid packages were received on Wednesday, May 21, 2003. BIDDER NAME TIME BID DOCUMENTS RECEIVED SECURITY IUD RECD./ & ADDENDUMS (1) ACKNOWLEDGED TOTAL LUMP BUM BASE BID (ADD ITEMS A.1 a A.2) (EXCLUDING WASHINGTON STATE SALES TAX) APPARENT LOWEST BIDDER (RANK ORDER) WPC, INC. 1:55 P.M. YES S2,798.500.00 2 CDK CONSTRUCTION SERVICE INC, 1:56 P.M. YES $2 718,000.00 1 BRIERS & ASSOCIATES, INC. 1:57 P.M. -A YE $3,325,500.00 5 COMMERCIAL 1:57 P.M. -B YE $3,812,000.00 6 __STRUCTURES. INC. GRAHAM CONTRACTING, LTD. 1:58 P.M. YES 53052,500.00 • SYNERGY CONSTRUCTION, INC. 1:59 P.M. TES $2,810,000.00 3 ENGINEERS EStUAYE N/A N/A $2,60,105.00 _. N/A ... BIDDER NAME ADDITIVE ALTERNATE *1 ADDITIVE ALTERNATE *2 ADDITIVE ALTERNATE *3 ADDITIVE ALTERNATE *4 WPC, INC. 70,400.00 6,500.00 8,850.00 19,800.00 CDK CONSTRUCTION SERVICE, INC. 50,950.00 5 200.00 17 400.00 18 900.00 BRIERE & ASSOCIATES, INC. 98,505.00 5,354.00 23,542.00 19,130.00 COMMERCIAL S1RUCRBE, INC. 59 500.00 5171.00 16,604.00 19,000.00 GRAHAM CONTRACTING, LTD. 98,000.00 6,290.00 23,000.00 18,660.00 SYNERGY CONSTRUCTION, INC. 107,866.00 6,559.00 2,700.00 17,968.00 ENGINEERS ESTIMATE N/A N/A N/A N/A The above figures appear as written within bid documents; and as read aloud at bid opening. THEY DO NOT however, REPRESENT ANY BID AWARD; apparent low, or otherwise. DATED this 21s7 day of May, 2003. Bob Baker, CMC, Deputy City Clerk RESPONSIBLE CITY STAFF: Mike Sweeney - Owner's Representative With questions or inquiries, please contact Mr. Sweeney at 206 - 267 -7685 1997 Edition Electronic Format AIA Document A1O1 -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year of (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) and the Contractor: (Name, address and other information) The Project is: (Name and location) The Architect is: (Name, address and otherinformation) The Owner and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPL 3.1 The date of commencement of th W ork shall be the date of thi AC-::= nt -unless-a- differettt�ete is steted Imo° provisi .:ode- fee -6he date -te -be fut d i x a the notice to proceed issued by the Owner. (Insert the date of commencement ifit differs ham the date of this Agreement or, if applicable, state that the date wi/l be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: C 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ID 1997 Dy Tne American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: A101 BLANK CONTRACT FOSTER 12- 02- 02.AIA 5/21/2003. AIA License Number 1011213, which expires on 8/31/2003 1 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201 -1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A101 -1997 OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington D C 20006 -5292 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents. insert any requirements for earlier Substantial Completion of certain portions of the Work.) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Dollars is subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. lfdecisions on other alternates an to he made by the 0 for each and the date when that amount expires) wner subsequent to the execution ofthis Agreement, attach a schedule of such other alternates showing the amount modified 4.3 Unit prices, if any, are as follows: ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, oral ellews: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values e s submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ID 1997 ay Tne American Institute or Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U5 copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: A101 BLANK CONTRACT FOSTER 12- 02-02.AIA 5/21/2003. AIA License Number 1011213, which expires on 8/31/2003. 2 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING ALA DOCUMENT D401. AIA Document A201 -1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A1O1 -1997 OWNER CONTRACTOR AGREEMENT The American Institute of Architects 5.1.5 Applications for Payment shall indicate the percentage of completion of each 1735 New York Avenue, N.W. portion of the Work as of the end of the period covered by the Application for Payment. Washington D C 20006 -5292 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent 5 Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A2o1 -1997. .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Flve percent 5 .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2o1 -1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and Architect's estimate of value for anv unsettled claims; and (Subparagraph 9.8.5 of AIA Document Azor -1997 requires release of applicable retainage upon Substantial Completion of Work with consent ofsurely, if any) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A2o1 -1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.x61 and 5.x6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction or limitation shall be allowed 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A2o1 -1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. 1915, 1918, 1925, 193/, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1997 Dy Tne American Institute or Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: A101 BLANK CONTRACT FOSTER 12- 02-02.AIA 5/21/2003. AIA License Number 1011213, which expires on 8/31/2003 3 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201 -1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. a 01997 AIA® AIA DOCUMENT A101 -1997 OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 5292 5.2.2 The Owner's final payment to the Contractor shall be made no later than 3o days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A2o1 -1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A2o1 -1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A2o1- 1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract payment is due at the rate stated below, or in the absence from time to time at the place where the Project is located. (Insert rate of interest agreed upon, ifany) 7.4 The Contractor's representative is: (Name, address and other information) shall bear interest from the date thereof, at the legal rate prevailing Usury Jaws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validityofthis provision. Legal advice should be obtained with respect to de)etions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's representative is: (Name, address and otherinformafion) 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: 7 6.1 Disclaimer. No liability of Contractor shall attach to Owner by reason of entering into this Agreement. except as exnressly provided in this Aoreement 7 6 2 Counterparts. This Aoreement is executed in three (31 identical countemarts. by the parties. each of which shall for all oumoses be deemed an on� inal. 7.6.3 Attorney's Fees. In the event litigation is commenced to enforce this Agreement. the prevailing natty shall be entitled to recover its costs. includinc reasonable attomev's and exnert witness fees. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document Alm-1997. 0 1915, 1918, 1925, 1931, 1951, 1958, 1961, 1963, 1967, 19/4, 1977, 1987, 0 B97 oy Tne American Institute or Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: A101 BLANK CONTRACT FOSTER 12- 02-02.AIA 521/2003 AIA License Number 1011213, which expires on 8/31/2003 4 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201 -1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A101 -1997 OWNER- CONTRACTOR AGREEMENT 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A2o1 -1997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document 8.1.4 The Specifications are those contained in the Project Manual Subparagraph 8.1.3, and are as follows: (Either list the Specifications here orreferto an exhibit attached to this Agreement) Section 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Eilherhsl the Drawings here orreferto an exhibit attached to this Agreement) Number Title 8.1.6 The Addenda, if any, are as follows: Number Title Pages Title Pages Date Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that am 'blended to form pail of the Contract Documents. AIA Document Any- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not pad of the Contract Documents unless enumerated in this Agreement They should be listed here on&ifintended to be pad ofthe Contract Documents.) Invitation to Bid: Bidder's Bid Submittal and all documents therein: Instructions to Bidders: Required bid forms. This Agreement is entered into as of the day and year first written above and is executed in at Least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, Ci 1997 oy Tne American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: A101 BLANK CONTRACT FOSTER 12- 02-02.AIA 5/21/2003. AIA License Number 1011213, which expires on 8/31/2003. 5 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN dated as in ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201 -1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A101 -1997 OWNER CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington D C 20006 5292 OWNER (Signature) (Printed name and title) (Punted name and title) Owner Attest: This day of 10 CONTRACTOR (Signature) Contractor Attest:_ This day of 20 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH City Clerk RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA AOnroved as to Form: Contractors License No. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A20I -1997, General City Attomev Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other Address for aivino notices (Owner): Address for oivin0 notices (Conti. general conditions udess this document is modified. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1997 Dy Tne American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: A101 BLANK CONTRACT FOSTER 12- 02-02.AIA 5/21/2003. AIA License Number 1011213, which expires on 8/31 /2003. 6 This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A101 OWNER CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 TO: FROM: DATE: SUBJECT: MEMORANDUM BACKGROUND RECEIVED JuN 0 9 2003 Mayor Steve Mullet Members of the City Council CITY OF TUKWI CITY CLERK Mike Sweeney, Parks Rec., Owner's Representative; Foster Golf Projects (With concurrence, Parks Recreation Administration, City Attorney's Office) June 9, 2003 Foster Clubhouse. Proiect 89 -BG09 -GOLF 03 -02 1) Award of Construction Contract 2) Approval of Clubhouse Project Budget Encumbrance RECOMMENDATION: 1. Award of Contract: Staff recommends the Award of Contract to Wade Perrow Construction, LLC.; of Gig Harbor, Washington, in the amount of $3,044,768. (This sum reflects the contractor's bid amount of $2,798,500, 8.8% Washington State Sales Tax in the amount of $246,268.) Wade Perrow is recommended to council as the most responsive and responsible lowest bidder. 2. Total Proiect Budget Encumbrance: Staff recommends that in addition to the contract sum awarded the general contractor that we, as the owner, retain a 10% project contingency. The contingent amount is therefore $304,447. The sum of the construction contract award (above) and the project contingency is $3,349,245. Staff seeks that council authorize a clubhouse construction project encumbrance of $3,349,245. Bid Related The Parks and Recreation Department legally published a "Call for Bids" seeking bids from general contractors for the construction of the Foster Golf Links Clubhouse Project Number 89 -B009 -GOLF 03- 02. Six sealed bids were received on May 21, 2003 and were publicly read by the City Clerk. The apparent low bidder (bids not including tax) was CDK Construction Services Inc., of Duvall (CDK), in the amount of $2,718,000; the second low bidder was Wade Perrow Construction, LLC., of Gig Harbor (WPC), in the amount of $2,798,500; the third low bidder was Synergy Construction, Inc. (Woodinville), in the amount of $2,810,000. The bids advanced by all bidders (with an immaterial correction offered by a bidder not affecting the order of the three low bidders) ranged from $2,718,000 to $3,325,500. The bid amounts advanced by the three lowest bidders differed by $92,000 a differential of less than 3.4 The project architect's range of estimated construction cost was between $2,500,000 and $2,750,000. The highest bid amount submitted by the three lowest bidders is within 2.2% of the architect's high range. The architect's fixed estimate of construction cost was $2,605,105. All bids exceeded that estimate. Clear explanation for all bids exceeding that estimate is not possible and can only be speculated upon. The project team deliberated project cost reduction measures. The rejection of bids, re- bidding, and possible cost reduction by altering/eliminating design measures, eliminating the water feature, eliminating the owner's representative position, minimizing the project's contingency, and substituting lesser products, materials and/or equipment were amongst the topics deliberated. For matters of time, for coordination with next year's planned course and facility operations, for certain known and other potential cost increases incurred by these choices, the decision was made to proceed with the "due diligence" examination of bid documents, licensing, and contractor qualifications. The position was taken that we should not alter the project's path, and make funding work to the extent possible. Due Diligence Related The due diligence process was undertaken concurrently with the two apparent low bidders, and would have been initiated for the third if it had been required. In examining bid submittals for the apparent low bidder, CDK, questions arose regarding 1) contractor licensing, 2) quantity of references provided for projects of similar scope during the past five years; 3) liens related to projects during the past five years; 1 4) civil proceedings involving the firm as a defendant or plaintiff during the past five years; 5) computations relating to percentage of work to be done by contractor's own forces, major and minor subcontractors; 6) a prior subcontractors license; 7) Washington State Insurance Commissioner authorized insurer status; and 8) prior experience with proposed major subcontractor's. On May 23' a letter was mailed and faxed to the President of CDK seeking written clarification to those questions that arose involving the 8 issues above. On May 29 CDK replied by fax. As a result of their response, and following legal consultation, many of the issues that prompted questions were accepted or waived as informality, with one excention. On page two of the RBDF form the question asked: "Within the past five (5) years has your firm (and/or its officers) under its present or former name(s) initiated legal action or acted as defendant in any civil or criminal legal proceeding. If yes, identify the court of jurisdiction, nature of claim or action, status of action as pending or closed; or if closed inform of the finding(s)/award/outcome." (emphasis added) The answer "NO" was provided by CDK and was handwritten into the blank on the form The "Responsible Bidder Determination Form" (RBDF) submitted by CDK (and all bidders) is a part of the formal bid package. It requires execution, under penalty of perlury by the contractor/bidder's signatory authority. In CDK's bid submittal it was signed by the President of CDK and dated May 21 2003. King County Superior Court records indicate that two cases exist and remain active in which CDK has been served as a named defendant and Cameron D. Foster of CDK has filed "Notice of Appearances" as legal counsel in behalf of CDK in both cases. These cases were filed on October 17. 2002 and April 24 2003. They reflect that CDK is a named defendant in Leval proceedings and both records are within the past five years. Within CDK's reply (which is not signed by its author) to my letter that sought written clarification of questions posed by CDK's bid submittals, the author stated in writing that "CDK is currently in two legal matters and further explains CDK's role in them. CDK's "NO" response to the above question on the RBDF constitutes a material misrepresentation of fact within the bid documents. Their bid documents, as a result of the "NO" answer, is therefore unreliable and cannot be considered responsible or responsive. A contract must be awarded to the most responsive and responsible lowest bidder. Having determined that CDK submitted a bid that contained a material misrepresentation of fact, I then completed the due diligence inquiry for the 2' low bidder Wade Perrow Construction LLC., (WPC) Now having applied the same "due diligence" standards in the examination of WPC's bid submittals, licenses, and qualifications to the same extent as that conducted for CDK I find no compelling reason to reject WPC as the project's general contractor. I believe WPC represents a most responsive and responsible lowest bidder. From the same sources applied to CDK, I have been informed that no court records exist within the past five years in King, Pierce, Snohomish, or Thurston Counties, in which Wade-Perrow is identified as a plaintiff or defendant. ectfully, M.P. Sweeney; Owner's Repr sentative (Page 2 of 2 pages) City of Tukwila Parks Rec eation Department Foster Golf Course Projects 2