HomeMy WebLinkAboutPlanning 2013-07-25 COMPLETE AGENDA PACKETCity of Tukwila
Department of Comm unio7 Development
1.c.,k Pace,. Director
BOARD (IF AROTIITVITCHAL REVIEW & PLANNING COMMISSION"
Public heARING
JULY 251E12103, 630 PM,
TUKW11..,A„ CITY 'FIALA, COUNCIL CIIAMBER„S
,Attendance
BOARD OF ARCITITECTURAL REVIEVIr"" HEAPING
case number l13-018
Jared Taylor for golden property development
Public. Hearing „Restaurant tm L pre,exiHting pLlLI i
REQUEST!
225 tukwila parkway northeast corner of westfield southcenter mall site
PLANNINg COMMISSION HEARING
buffalo Wild Wings
l13-035
zoning code amendment to producers, proceesors and retailers of recreational marijuana
d
City of Tukwila
Jim Haggerton, Mayor
Department of Community Development
STAFF REPORT TO
THE BOARD OF ARCHITECTURAL REVIEW
PREPARED July 17, 2013
HEARING DATE: July 25, 2013
FILE NUMBER: PW13 -018, E13 -006, L13 -018
APPLICANT: Jared Taylor, Golden Property Development
OWNER: Westfield Property Tax Department
Jack Pace, Director
REQUEST: Design Review approval for a new 8,451 square foot building including a 1,365 square
foot enclosed patio to be built on the pre- existing foundation. Site improvements,
landscaping and parking will not change.
LOCATION: 225 Tukwila Parkway, parcel # 9202470100
NOTIFICATION:
Notice of Application and Notice of Public Hearing for this Type 4 permit was mailed to
surrounding property owners, interested parties, affected agencies and posted on the site
on May 16, 2013. Notice of Public Hearing was also published in the Seattle Times on
July 11,2013.
ZONING /COMPREHENSIVE
PLAN DESIGNATION: Tukwila Urban Center
SEPA DETERMINATION: A SEPA Addendum to the EIS was added to the file on June 5, 2013.
DECISION: Approval with Conditions
STAFF: Stacy MacGregor
ATTACHMENTS: A. Applicant's response to Design Review Criteria
B. Site Plans, sheet DR -01
C. Colored Elevations, sheet DR -02
D. Site Improvement Plan, sheet DR -03
E. Existing Landscape Plan, sheet DR -04
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6300 Sozithcenter Boulevard Suite #100 • Tukwila, Washington 98188 • Phone 206 - 431 -3670 • Fax: 206 - 431 -3665
FINDINGS
VICINITY INFORMATION
The proposal site is bounded on the north by Tukwila Parkway and on the east by Andover Park West. The parcel is in
the northeast corner of the Westfield Southcenter Mall campus and is at the location of what was formerly the Bank of
America. The building and parcel are surrounded by parking for the Mall. In addition to the Mall building, the campus
includes three existing freestanding restaurants, two banks, a financial center, a post office and a tire store. There are two
additional restaurants proposed along the north of the Mall (in front of the Macy's store) and will be reviewed by the
Board of Architecture in the coming months. Surrounding the site is a mix of retail, entertainment, and restaurant uses.
PROJECT INFORMATION
The most recent use of this parcel is as a bank building and adjacent drive- through facility. The site has been vacant since
July, 2009, when the bank relocated to a new building on the south side of the site. The pre - existing drive- through
facility was demolished and redeveloped into 239 surface parking stalls in 2010. This project proposes to build a
restaurant over the former bank's basement following demolition of the bank.
The site work, including parking lot configuration and landscaping was approved and completed under the 2010 permit.
The demolition of the bank building was also approved at that time. This project involves only the construction of a new
restaurant building over the basement and foundation of the former bank. There is minimal parking reconfiguration and
landscaping directly adjacent to the new building that is under review. The remainder of the site design is not being
considered under this design review application and no change to the remainder of the site is proposed.
PUBLIC COMMENT
No public comments have been received.
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DESIGN REVIEW CRITERIA
The project is subject to a Public Hearing Design Review under Tukwila Municipal Code (TMC) Chapter 18.28.070. The
Board of Architectural Review evaluates the project under the criteria established in TMC 18.60.050 C. The design
criteria explain requirements for development proposals. They are the decision criteria from which the Board will
evaluate whether to approve, condition, or deny this project.
The applicant's response to the design review criteria is Attachment A. Below is the staff analysis and response.
1. SITE PLANNING.
a. Building siting, architecture, and landscaping shall be integrated into and blend harmoniously with the
neighborhood building scale, natural environment, and development characteristics as envisioned in the
Comprehensive Plan. For instance, a multi family development's design need not be harmoniously integrated with
adjacent single-family structures if that existing single-family use is designated as "Commercial" or "High -
Density Residential" in the Comprehensive Plan. However, a "Low- Density Residential" (detached single-family)
designation would require such harmonious design integration.
The proposed project lies in the Tukwila Urban Center. The City's Comprehensive Plan envisions the area as a
regional urban center with a desire for development as a high density, regionally oriented and a mixed use center.
The proposed restaurant maintains the development pattern that was established on this site in the 1960's with a
building set back from the street edge surrounded by parking. Since the project is being developed over the
existing foundation, this pattern will not change. However, the new restaurant is oriented to the north, facing
Tukwila Parkway.
b. Natural features, which contribute to desirable neighborhood character, shall be preserved to the maximum
extent possible. Natural features include, but are not limited to, existing significant trees and stands of trees,
wetlands, streams, and significant topographic features.
There are no natural features on the site.
c. The site plan shall use landscaping and building shapes to form an aesthetically pleasing and pedestrian scale
streetscape. This shall include, but not be limited to facilitating pedestrian travel along the street, using
architecture and landscaping to provide a desirable transition from streetscape to the building, and providing an
integrated linkage from pedestrian and vehicular facilities to building entries.
The site design is pre- existing. The new building will be built on the existing foundation.
d. Pedestrian and vehicular entries shall provide a high - quality visual focus using building siting, shapes and
landscaping. Such a feature establishes a physical transition between the project and public areas, and
establishes the initial sense of high quality development.
The site design is pre- existing. The new building will be built on the existing foundation. When the site was
redeveloped in 2010, a pedestrian connection was created from Andover Park West along the south side of the site
where it connected with a new pedestrian connection that runs from the building to the south toward Seafood City
and the mail Mall building.
e. Vehicular circulation design shall minimize driveway intersections with the street.
The site design is pre- existing. The new building will be built on the existing foundation.
f Site perimeter design (i.e., landscaping, structures, and horizontal width) shall be coordinated with site
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g.
development to ensure a harmonious transition between adjacent projects.
The site design is pre- existing. The new building will be built on the existing foundation.
Varying degrees of privacy for the individual residents shall be provided; increasing from the public right -of way,
to common areas, to individual residences. This can be accomplished through the use of symbolic and actual
physical barriers to define the degrees of privacy appropriate to specific site area functions.
The site design is pre- existing. The new building will be built on the existing foundation.
h. Parking and service areas shall be located, designed and screened to interrupt and reduce the visual impact of
large paved areas;
The site design is pre- existing. The new building will be built on the existing foundation. When the parking area
was redesigned in 2010, parking was designed to preserve as many of the existing mature trees as possible. The
preservation of mature trees provides shade and screening of the parking area. Parking is spread about the site
with parking stalls tucked between site perimeter trees. Parking is dispersed along both the east and west sides of
the building with building perimeter parking on the south and north sides.
The height, bulk, footprint and scale of each building shall be in harmony with its site and adjacent long -term
structures.
The new building will be twenty -eight feet tall and one story. It is a similar in scale and bulk to the existing bank
building. The new building is a modern structure with more modulation and transparency than the existing
building. The surrounding buildings are one and two story structures. The current code allows for buildings
heights up to 115 feet. The new building is 8,154 square feet and includes a 1,365 square foot enclosed patio for
outdoor dining.
2. BUILDING DESIGN.
a. Architectural style is not restricted; evaluation of a project shall be based on the quality of its design and its
ability to harmonize building texture, shape, lines and mass with the surrounding neighborhood.
This proposal is for a one story building. The building reflects the prototypical Stadia model, a design new in
2012 for Buffalo Wild Wings restaurants. The design includes some customized elements for the City of Tukwila
including brick veneer, window sills, and a reduced wall area devoted to the bright yellow color. The exterior
style is a contemporary building with a facade of metal, EFIS, and brick. The face and roof planes vary across
each elevation similarly to the northeast corner of the Southcenter Mall.
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This photo depicts the
Stadia model Buffalo
Wild Wings under
construction. The
building proposed for
Tukwila is similar but
not identical. See
Attachment C.
07/17/2013
b. Buildings shall be of appropriate height, scale, and design /shape to be in harmony with those existing permanent
neighboring developments which are consistent with, or envisioned in, the Comprehensive Plan. This will be
especially important for perimeter structures. Adjacent structures that are not in conformance with the
Comprehensive Plan should be considered to be transitional. The degree of architectural harmony required
should be consistent with the nonconforming structure's anticipated permanence.
The building is one story and twenty -eight feet tall at its highest point. The TUC zone allows for buildings up to
115 feet tall. The scale is similar to the building that is proposed to be replaced and similar or lower in height
than the surrounding buildings. The finish materials of brick, metal, and EFIS can be seen on surrounding
buildings such as the Southcenter Mall (brick and EFIS) and iFly and Acme bowl (metal).
c. Building components, such as windows, doors, eaves, parapets, stairs and decks shall be integrated into the
overall building design. Particular emphasis shall be given to harmonious proportions of these components with
those of adjacent developments. Building components and ancillary parts shall be consistent with the anticipated
life of the structure.
The building components reflect the contemporary style of the building. The size of the windows was increased
and sills were added to enhance openings and add additional relief. The parapet wall screens the rooftop
mechanicals and is setback from the main plane of the building except on the front wall where the parapet and the
entrance wall are integrated into the same surface. A covered patio runs the length of the building on the west
elevation.
d. The overall color scheme shall work to reduce building prominence and shall blend in with the natural
environment.
Brick is used to clad portions of the building to reflect the Northwest design vernacular. The building colors
include black, shades of gray, red brick, and yellow. The yellow color has been reduced to an accent color from
the initial proposal where it covered over half the east elevation.
e. Monotony of design in single or multiple building projects shall be avoided. Variety of detail, form, and siting
shall be used to provide visual interest. Otherwise monotonous flat walls and uniform vertical planes of individual
buildings shall be broken up with building modulation, stairs, decks, railings, and focal entries. Multiple building
developments shall use siting and additional architectural variety to avoid inappropriate repetition of building
designs and appearance to surrounding properties.
In addition to three different textures (stone, stucco, and metal), the building, has the materials applied
asymmetrically across the building faces.
3. LANDSCAPE AND SITE TREATMENT.
a. Existing natural topographic patterns and significant vegetation shall be reflected in project design when they
contribute to the natural beauty of the area or are important to defining neighborhood identity or a sense of
place.
The site design is pre- existing. The new building will be built on the existing foundation. The site perimeter
includes a row of mature trees on the northern perimeter and a double row of mature trees on the eastern site
perimeter. Redevelopment of the parking lot included preservation of the majority of these trees.
b. Landscape treatment shall enhance existing natural and architectural features, help separate public from private
spaces, strengthen vistas and important views, provide shade to moderate the effects of large paved areas, and
break up visual mass.
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The landscaping on the site was approved in 2010 as part of the parking lot redevelopment. The only new
landscaping on the site is trellises used to screen blank wall surfaces. It is not feasible to add foundation
landscaping due to the existing basement and the location of the sidewalks. The basement of the building is day -
lit at the building corners with the sidewalks cantilevered over the basement windows.
The trellises are shown on the elevations but are not shown on the site plan or landscape plan. The architect has
proposed adding planters with Clematis fasciculiflora, variegated evergreen clematis to grow on a trellis. The
design details of the planters and trellis were not included.
c. Walkways, parking spaces, terraces, and other paved areas shall promote safety and provide an inviting and
stable appearance. Direct pedestrian linkages to the public street, to on -site recreation areas, and to adjacent
public recreation areas shall be provided.
There are no changes to the site design. Pedestrian connections including a sidewalk along the main entrance
from Andover Park West and pedestrian connections from the building across the main entrance drive were
created during the parking lot redevelopment. A sidewalk has been added to the south side of the building which
completes a pedestrian connection from the south to the north and from the main Mall building to the new
restaurant.
d. Appropriate landscape transition to adjoining properties shall be provided.
The site design is pre- existing. The redevelopment of the parking lot area in 2010 resulted in a parking lot design
that preserved the existing mature trees on the site.
4. MISCELLANEOUS STRUCTURES.
a. Miscellaneous structures shall be designed as an integral part of the architectural concept and landscape.
Materials shall be compatible with buildings, scale shall be appropriate, colors shall be in harmony with
buildings and surroundings, and structure proportions shall be to scale.
Miscellaneous structures consist of an attached trash collection area and a bike rack for five bikes.
Wall signs are allowed on wall faces that have an exterior public entrance. The only exterior public entrance is to
the north and one wall sign will be allowed on the north face. Incentive signage is allowed on walls without an
exterior public entrance provided certain architectural features are included on the walls. Incentive signage is
allowed on the west elevation because at least 50% of the wall area between two and seven feet is transparent.
The south elevation has been redesigned to include false windows and planted trellises. The east side of the
building also has trellises and the canopy has been extended over a portion of the sidewalk to the accessible stalls.
These additional features allow the building to qualify for incentive signage on these faces. The size of the wall
signs was not reviewed under design review. The allowed sign size is a proportional to the wall size and the
details of the sign will be reviewed under a separate sign permit application.
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This photo depicts
false window used on
a different restaurant.
The false windows
will be a different
shape and orientation
in Tukwila See
Attachment C.
07/17/2013
b. The use of walls, fencing, planting, beans, or combinations of these shall accomplish screening of service yards
and other places that tend to be unsightly. Screening shall be effective in winter and summer.
The trash enclosure is attached to the building and screened with an enclosure.
c. Mechanical equipment or other utility hardware on roof ground or buildings shall be screened from view.
Screening shall be designed as an integral part of the architecture (i.e., raised parapets and fully enclosed under
roof) and landscaping.
Mechanical equipment is roof - mounted and screened with parapet walls.
d. Exterior lighting standards and fixtures shall be of a design and size consistent with safety, building architecture
and adjacent area. Lighting shall be shielded and restrained in design with no off -site glare spill -over. Excessive
brightness and brilliant colors shall not be used unless clearly demonstrated to be integral to building
architecture.
Site lighting is provided by preexisting parking lot light standards. The building is lit with exterior wall sconces
and "wall wash" exterior light fixture illuminating the main window and front face of the building.
In addition to the specific criteria of the Board of Architectural Review, proposed development must show consistency
with adopted plans and regulations (18.100.030 TMC.) Below are the specific policies from the adopted Comprehensive
Plan that relate to the location of the proposal.
COMPREHENSIVE PLAN POLICIES
1. Commercial Areas - Goal 1.7: "Commercial districts that are visually attractive and add value to the
community, are visitor and pedestrian friendly, are designed with pride and constructed with quality
workmanship, are secure and safe with adequate lighting and convenient access, are uncongested with smooth-
flowing traffic patterns, are well- maintained with adequate streetscape landscaping, and are wholesome and in
harmony with adjacent uses ".
a) This significant commercial development requires design review (1.7.1).
b) This development requires sidewalks (1.7.2).
c) The development provides adequate parking and lighting (1.7.3).
This project is being presented to the Board of Architectural Review for review.
Sidewalks along the site perimeter and pedestrian connections from the project to the Mall are preexisting.
Parking meets code and is preexisting. Site lighting is preexisting and building- mounted lighting will illuminate
the new building and adjacent walkway.
2. Tukwila Urban Center (TUC) - Goal 10.2 "Encourage and allow a central focus for the Tukwila Urban Center,
with natural and built environments that are attractive, functional, and distinctive, and supports a range of
mixed uses promoting business, shopping, recreation, entertainment, and mixed use residential opportunities:"
This development is designed with an appropriate scale and proportion; pedestrian - oriented features and street
front activity areas, such as ground floor windows, modulated facades, rich details in materials and signage;
quality landscaping; an appropriate relationship to adjacent sites; an overall building quality; and with
sensitivity to important features such as Green River and Tukwila Pond. (10.2.7)
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The building is a similar scale to the building it will replace. It is oriented towards the street with a window wall
facing towards the west and adjacent to a Mall entrance that serves as a mall- campus "street ". The restaurant is
also a sports bar with its primary focus on sports entertainment.
CONCLUSIONS
DESIGN REVIEW CRITERIA
1. Site Design
The site design is pre- existing and is not being changed by this proposal. The proposed building is the same
footprint and similar scale to the bank building currently on the site.
2. Building Design.
The single building is a contemporary design that is similar in scale and identical footprint to the bank building
currently on the site. The wall treatment includes a varied material and color palette including brick, metal, and
EFIS in shades of gray, black, and yellow. The walls are varied in height and projection which adds visual interest
to the wall faces and accentuates the material and color variety. Similar cladding materials are used on building
facades within the immediate vicinity. The proposal is harmonious with surrounding development and meets the
design review criteria.
3. Landscaping and Site Treatment.
There are no changes to the existing landscaping and site conditions. The area surrounding the building was
redeveloped for surface parking in 2010. The parking and landscaping conformed to code at the time it was
developed and includes preservation of mature trees around the site perimeter.
The design details of the planters and trellis will need to reviewed and approved during the building permit stage.
Clematis fasciculiflora is understood to be available via mail -order and may not be readily available from a
contractor's nursery. The landscaper will need to plan ahead to obtain the plants.
4. Miscellaneous Structures.
The rooftop mechanical equipment is screened behind parapet walls.
The north elevation is permitted one wall sign. The west, east and south elevations are eligible for incentive signage.
COMPREHENSIVE PLAN GUIDELINES.
1. Commercial Areas Goal 1.7
The project meets the Commercial Areas Goal. The project is going through design review. Sidewalks are
preexisting and building- mounted lighting is an addition to the site.
2. Tukwila Urban Center Goal 10.2
The project meets this goal. The project increases restaurant and entertainment opportunities in the Urban Center.
While on the same footprint as the bank building, the new project is oriented towards the street and improves the
pedestrian realm along the western side which is facing a main entrance onto the Mall campus.
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RECOMMENDATION
Staff recommends that the BAR adopt the Findings and Conclusions of the staff report and approve the request subject to
the following conditions.
1. Trellis and planters are included on the south and east sides need to be added to the site development plans and
reviewed for approval. The proposed vine, Clematis fasciculiflora will need to be ordered well in advance of
installation to ensure it is available to plant in time for to the Planning final.
Conditions of approval that will be added to the future Building Permit:
1. Irrigation is required in the planters.
2. No changes to the Design Review approved plans and conditions will be allowed without prior approval of the
Planning Department, these include changes to the exterior finishes of the building, landscaping (both design and
plant species), site plan, and site finishes. If you wish to make any changes you must submit a written request
along with a justification for the requested change and an explanation as to why the issue was not addressed as
part of the design review process.
3. All design elements on the building and the site, including landscaping must be completed prior to final
occupancy. The city will not allow the design elements to be deferred; all items must be completed before final
inspection. It is highly unlikely that the city will consider financial guarantee in lieu of completing the work.
4. An inspection to approve the exterior finishes (materials and colors) is required before doing any exterior finish
work, to ensure that the finishes approved as part of the design review process are being used.
5. Prior to requesting a landscaping inspection the applicant shall provide an affidavit from the landscape architect,
stating that the landscaping was installed per approved plans As part of the landscaping inspection you will need
to verify that the irrigation system is working properly.
Informational Items
1. The proposed signs have neither been reviewed nor approved. A sign permit shall be applied for and issued for
any new signs on the site including building mounted signs.
2. This Design Review is subject to a 14 day appeal period. Commencing construction prior to expiration of the
appeal period is at the applicant's risk.
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ATTACHMENT A
July 11,2013
Attn: Stacey MacGregor
City of Tukwila Planning Department
6300 Southcenter Boulevard
Tukwila, WA 98188
Tel: 206.433.7166
Subject: Buffalo Wild Wings at Westfield Southcenter Mall - Design Narrative
Dear Miss MacGregor,
The overall intent of the design of our building at 225 Tukwila Parkway at the Westfield Southcenter Mall is to meet or
exceed the City of Tukwila Design Review Criteria while providing elements that add interest to the building and serve to
identify our Client, Buffalo Wild Wings, as a new member of the mall and community.
To address the Design Review Criteria we have put together the following narrative:
Relationship of Structure to Site — The proposed Buffalo Wild Wings building will be reusing an existing
foundation and site conditions from the former Bank of America building. We believe this improves the site
dramatically by provided a whole new look to the building and does so in the most efficient way possible. By
reusing the existing foundation we are minimizing the environmental impact to the site. The parking on the site
was recently updated in 2010 and will remain. The main massing of the building is 20 feet tall. There are
several steps in the building to add architectural interest. The center clerestory of the building is 28 feet tall and
is the tallest point of the building. The massing of the new building is closer is keeping with the character of the
mall than the previous Bank of America building.
Relationship of Structure to Site to Adjoining Area — As part of our site improvements we have extended and
connected the pedestrian path around the South end of our building, to our entry on the North side of the
building. This walkway will be covered on the East side of the building to provide pedestrians protection from
the weather.
Landscaping and Site Treatment — The site landscaping was updated in 2010 along with the parking lot
renovation. We plan to keep this landscaping intact as well as add some greenery to the building itself in the
form of wall mounted trellises and winter hardy plants that can sustain foliage all year long. The exterior
lighting of the building is being used to down -light and enhance the trellises, walkway, and entry and exits of
the building.
Building Design - Our building is the latest in design standards from Buffalo Wild Wings. Its design serves to be
a family friendly environment and a fixture of the mall. The components of the building are well proportioned
and balanced with the materials used, such as real brick veneer, textured EIFS in various colors, and accents of
yellow metal cladding. The building also incorporates a black metal clad equipment roof screen to hide all
mechanical equipment from view of the public.
Miscellaneous Structures and Street Furniture — We have provided bicycle parking adjacent to the entry on the
North side as a piece of furniture to the building.
We believe that the features of our building and site meet the Design Review Criteria of the City of Tukwila and serve
to integrate this project into the community and the mall.
Sincerely,
Jonathan Jaeger
MBH Architects
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F PROPOSED SITE WORK IMPROVEMENTS. IF CONFLICTS ARE DISCOVERED,
THE CONTRACTOR SHALL NOTIFY THE OWNER PRIOR 70 INSTALLATION OF ANY PORTION OF
SURVEY, TIE SITE WORK .1. WOULD BE AFFECTED. IF CONTRACTOR DOES NOT ACCEPT EXISTING
INCLUDING TOPOGRAPHY, AS SHOW ON THE PLANS, MTN.. EKCEPTON, HE
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UTILITIES. AND WHERE POSSIBLE. MEASUREMENTS TAKEN IN THE FIELD. THE MFORMAIIDN
IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE COOTRACTOR MUST CALL
THE APPROPRIATE UTILITA COMPANY AT LEAST AB HOURS BEFORE ANY EXCAVATION TO
REQUEST EXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THE RESPONSIBILITY Of THE
2NACTOR SHALL REFER TO ARCHITECTEL L PLANS Foe EXACT LOCATION AND
DIMENSIONS OF VESTIBULE. SLOPED PAVING. EXIT PORCHES SIDEWALKS. PRECISE BUILDING
DIMENSIONS AND EXACT EGO. UTILITY ENTRANCE LOCATIONS.
DINENSIONS SHOWN REFER TD FACE OF CURB, ACED BUILDING OR TO THE CENTERLINE
OF PAVEMENT STRIPING, UNLESS OTHER).. NOTED.
6. SEE ARCHITECTURAL SITE PLAN FOR SITE DIMENSIONS..
REDEVELOPMENT NOTE
THE TOTAL REPLACED IMPERVIDUSFSURFACE
EARTHWORK QUANTITIES
AND DO 00411/110 1311334036340 PuRPOSES
UNSUITABLE CI SOILS,
FILL. 50 CY
NET 50 CY FILL
DATUM
HORIZONTAL DATUM DEED RECORD OF SURVEY IN
SECTION 23-23-04
BASIS Cf BEARINGS HELD 110014'09'W ALONG EAST
LINE OF SW 1 SE 123-23-4
ENGINEERING PL G UNDER f NQ. 2Va DATED
6/11 /04. BELIEVED TO BE TO NG. 1929 DATUM.
SITE DATA
USE
PROPOSED RESTAURANT = 2.99 AC
BUILDING DATA
APPROXIMATE BUILDING AREA = 8,451 SF
SETBACKS
PER NC (TUKWILA URBAN CENTER) ZONING CODE
FRONT
REAR E 10'
SIDE E 10'
SEE ARCHITECTURAL SITE
PLAN FOR PARKING DATA
AND SrTE DIMENSIONS
LEGEND
STD DUE PAVEMENT
CONCRETE PAVEMENT
PAVEMENT
PIEME
CONCRETE CURB
Know what's below.
Call before you dig.
c
BUFFALO WILD
DRAWING ISSUE
30287005
DR -03
4 IN3WHOVIIV
KWILA PARKWAY
EXISTING
BUD FIN
PLANT MATERIAL LIST
FONT COTONEL,TER
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SHEET
ADDITIONAL NOTES (Per City comments)
STATE°,
WASHINGTON
00E1,5,0
NOSCAPE ARCHITEGT
NORTH
BUFFALO WILD WINGS
DRAWING ISSUE
PROJECT NUMBER
46997
SHEET NUMIBER
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Tukwila Planning Commission
TO:
Jack Pace, Director DCD
BY:
Stacy MacGregor, Assistant Planner
July 17, 2013
DATE:
Establishmentof Marijuana Processing, Producing and Retailing as
SUBJECT:
permitted uses in Tukwila Municipal Code, Title 18 Zoning.
ISSUE
Should the Cityestablish zoning regulationsforrecreational marijuana producers, processors,
and retailers?This does not impact the possession and use of recreational marijuana and does
not impact the moratorium in effect related to medical marijuana collective gardens and
dispensaries.
BACKGROUND
In the fall of 2012, the Washingtonvoters passed Initiative 502(I-502), legalizing the
recreational use of marijuana anddirectingthe Washington State Liquor Controlboard (LCB) to
regulaterecreational marijuanaproducers, processers and retailers(see Attachment A).On
rd
July 3, 2013, the Liquor Control Board released proposedrules regarding the implementation
of I-502. The rules are scheduled for adoption on August 14,2013 andare setto go into effect
th
on September 14.Before the rules take effect, the WSLCB will determine a “maximum
number of retail outlets that may be licensed in each county”. There will not be a cap on
producer and processor licenses. The WSLCB will begin accepting applications for all three
license typesduring a 30-day window beginning on September14. The LCB is expected to
begin issuing licenses onDecember 1, 2013.
I-502 is silent regarding medical marijuana and isgenerally viewed as creating a separate
licensing process for recreational marijuana. The Washington State Legislature has adopted a
budget for 2014 with language that calls for the Liquor Control Board to work with the
Department of Health and Department of Revenue to develop recommendationsregarding the
interaction of medical marijuana regulations and the provisions of Initiative 502. The City of
Tukwila’s moratorium on medical marijuana is scheduled for renewal with the expectation that
new rules will be adopted by the state legislature during the 2014 legislative session at which
time the City will have updated state regulations to review and address.
The Federal Government’s Controlled Substances Act (CSA) still prohibits the possession and
distribution of marijuana for any purpose.
INFORMATIONAL MEMO
Page 2
DISCUSSION
What is the City’s role in the state process?
Initiative502 was supported by 55.49% of Washington voters and 57% of Tukwilavoters. In
only one out of Tukwila’s 18 voting precinct did the “No” votes exceed the “Yes” votes and then
only by 3out of 253 votes.
Under the proposed rules, a local jurisdiction will be notified when a license application is filed
with the LCB and the city will have 20 days to file written objections. The LCB’s siting criteria
will prohibit recreational marijuana commercial uses generally within 1,000 feet of schools,
parks, recreation centers, transit centers, libraries, game arcades and child care centers. The
map attached shows that this requirement will substantially limit production, processing, and
retailingto the north and south sides of the City. City staff hasbeen told by staff at the
Association of Washington Cities that the WSLCB will not issue licenses for uses within
residential zones(see Attachment B). However, I-502 does not provide this siting restriction and
nothing in the draft rules imposes this restriction. Further, the City of Tukwila’s home
occupation definition would not restrict recreationalmarijuana uses as home occupations.See
Attachment C for a map showing the 1,000 foot separation imposed by the WSLCB.
State law allows the City to adopt and enforce zoning requirements, business licensing
requirements, health and safety requirements, and business taxes as exercises of the City’s
police powers. A local ordinance cannot preempt a state law to outright prohibit a use and the
state statute may not preempt a local ordinance if the statute and the ordinance are not in
conflict.Existing regulations provide basic protections against the location ofincompatible uses
but the increased production, processing, selling, or delivery ofmarijuana likely to be spurred by
the new State regulations may create additionalimpacts. Experience in other jurisdictionswith
medical marijuana dispensaries indicates that businesses containing usable marijuana or
marijuana-infused products may have greater security issues compared with the other
businesses. The production and possible processing of marijuana can create off-site odors and
growing marijuanaindoors can have significant electricity needs. Residents and businesses
may be concerned that marijuana-related businesses can negatively impact neighborhood
character due to messaging on signs and the potential for robberies.
What are the City’s options?
A.Do nothing.
The City could decide not to adopt anyregulationsrelated to recreational
marijuana. This would mean that on September14, 2013, applicants could apply to the
WSLCB for a licenseto produce, process, and sell recreational marijuana at locations
throughout the City. While the 1,000 foot setback from schools, parks, libraries, etc.
would still apply, marijuana retailers could locate in any zone in which retail uses are
1
allowed (MUO, RCC, NCC, RC, RCM, TUC C/LI, LI, HI, MIC/L, MIC/H, and TVS
zones). Processors could locate where manufacturing, processing and/or packaging of
pharmaceuticals and related products, such as cosmeticsand drugs are an allowed use
2
(NCC, RC,RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H, and TVS zones). Producers may be
1
Subject to additional, zone-specific regulations.
2
Subject to additional, zone-specific regulations.
INFORMATIONAL MEMO
Page 3
allowed as greenhouses and nurseries (RCC, NCC, RC, RCM,TUC, CL/IO, LI, and HI)
or farming and farm-related activities (TVS zone). Additionally, these uses could occur
in residential zones subject to the home occupation requirementswhich donotregulate
use.
B.Prohibit
The City could prohibit (either on an interim or permanent basis) recreational
marijuana uses from locating within the City. The City Council is scheduled to hold a
public hearing on a moratorium prohibiting recreational marijuana uses within the City of
Tukwila on July 22, 2013. If adopted, this six month moratorium is intended to prevent
recreational marijuana uses from becoming legally vested while the City adopts
permanent development regulations. The moratorium istemporary butthe WSLCB has
indicated that local moratoria will not be recognized in their licensing decisions. As
stated above, state law does not allow a local jurisdiction to prohibit a use and an
attempt at prohibition would likely be legally challenged.
C.Regulate.
If the City wants to regulate marijuana-uses, its primary tool would be
3
through zoning regulations.An amendment to the zoning code couldallow recreational
marijuana-usesonly in certain zones in the city and/or subject to certain location
standards.
The maps attached show the locations that marijuanauses would be restricted by the
WSLCB and the areas that remainfor potential marijuana uses(Attachments C and D).
Aside from a few isolated pockets, marijuana uses can generally be located in the north
and the south ends of the city. Marijuana uses have potential impacts that need to be
considered. Sites require increased security; production and possibly processing may
also require increased ventilation and electricity use on indoor sites and perimeter
fencing on outdoor sites. Off-site odors are anissue and building transparency
requirements under design review may conflict with security needs. Clustering
marijuana uses in one area allows these impacts to be consolidated; off-site impacts
could be limited.
The north end of the City, where marijuana uses could be allowed, is generally
Manufacturing/Industrial Center-Heavy with an area of Light Industrial, Commercial-Light
Industrial, and Manufacturing/Industrial Center-Light. The Countywide Planning Policies
and the TukwilaComprehensive Plan have polices in place to preserve this area for
manufacturing and industrial uses making marijuana uses inappropriate in this area.
The south end of the City has Tukwila Urban Center, Heavy Industrial, Mixed-Use Office
and Tukwila Valley South zoning available for marijuana uses. The Cityis in the process
3
. Under the TMC, all businesses in the City are required to obtain a business license. Any business
license application for a recreational marijuana use would be denied for being in “violation of any local,
state, or federal law, rule or regulations prohibiting that conduct of that type of business.” (TMC 5.04.110).
While some other cities are attempting to limit all recreational marijuana business uses via their business
license code, a review of state law and consultation with the City Attorney clarifies that a city cannot
require a business license for marijuana uses. State Law grants cities the authority to require a business
license in order to do business in that city. However, state law also prevents a city from requiring a
business license if a license is required from the state. Recreational marijuana uses that have a license
from the WSLCB would not be required to obtain a business license from the City of Tukwila and the City
of Tukwila could not issue a business license to any applicant for marijuana use because those uses are
in violation of Federal Law.
INFORMATIONAL MEMO
Page 4
of amending and adopting a new sub-area plan that will address uses and design
standards in the Tukwila Urban Centerzone. The Tukwila Valley South zone would
allow indoor or outdoor production, and zoning currently supports both retail and
processing uses. The Heavy Industrial zone would support all uses aside from outdoor
grows (farming).
Only state-licensed recreational marijuana facilities should be allowed as a permitted
use.Thisproposal would not alter Federal or State criminal law related to marijuana,
and it would not place any City employeeor official in the position of permitting or
sanctioning any marijuana-related activity. Rather, it would be an exercise of the City’s
authority to protect the public health, safety, and welfare by preventing incompatible
uses—in this instance, marijuana-related activity and businesses--in areas where such
activity could cause inappropriate off-site impacts.
What does staff recommend?
Staff’srecommendationis to regulate marijuana uses as outlined in Option C above. This
would allowfor marijuana retailing, production and processing to be added as permitted uses in
the Tukwila Valley Southand the Heavy Industrialzonesbut restrict the area where marijuana
uses can occur to areas where the potential impacts are minimized.Marijuana-uses would be
prohibited in all other zones in the City. Marijuana-uses would be subject to state licensing
requirements and would regulate in concert with state law while not authorizing or giving
permission to circumvent or violate federal law.
Next Steps
ThePlanning Commission is being asked to review the draft zoning code amendmentand make
arecommendationto the City Council.
ATTACHMENTS
A.Liquor Control Board I-502 Fact Sheet
B.AWC I- 502 Fact Sheet
C.Map: Location Restrictions Imposed by I-502
D.Map: Zones where uses would be permitted
E.Draft Zoning Code Amendment
Attachment A
shington State Liquor Control Board
Summary
Initiative 502 would license and regulate marijuana production, distribution, and possession for persons
over 21; remove state-law criminal and civil penalties for activities that it authorizes. Tax marijuana sales
and earmark marijuana-related revenues. The new tightly regulated and licensed system would be similar
to those used to control alcohol.
Licenses and Fees
Creates an application process that mirrors the liquor license application process
Creates three new marijuana licenses: producer, processor, and retailer. The fee for each license is a
$250 application fee and $1000 annual renewal fee.
Marijuana Producer: produces marijuana for sale at wholesale to marijuana processors and
allows for production, possession, delivery, distribution.
Marijuana Processor: processes, packages, and labels marijuana/marijuana infused product for
sale at wholesale to marijuana retailers and allows for processing, packaging, possession,
delivery, distribution.
Marijuana Retailer: allows for sale of useable marijuana/marijuana infused products at retail
outlets regulated by the WSLCB.
The initiative allows the WSLCB to charge fees for anything done to implement/enforce the act. For
example, fees could be charged on sampling, testing, and labeling that would be the cost of doing
business as a licensee
Marijuana Taxes
The initiative creates three new excise taxes to be collected by the WSLCB:
Excise tax equal to 25% of the selling price on each sale between licensed producer and
licensed processor. Paid by the producer.
Excise tax equal to 25% of the selling price on each sale of usable marijuana/marijuana infused
product from a licensed processor to a licensed retailer. Paid by the processor.
Excise tax equal to 25% of the selling price on each licensed retail sale of usable
This tax is in addition to any/all
marijuana/marijuana infused product. Paid by the retailer.
applicable general, state, and local sales and use taxes, and is part of the total retail
price.
All funds from marijuana excise taxes are deposited in the Dedicated Marijuana Fund.
Disbursements from the Dedicated Marijuana Fund shall be on authorization of the WSLCB or a
duly authorized representative.
Initiative 502 allows for the WSLCB to enact rules that establish procedures and criteria for:
The equipment, management and inspection of production, processing, and retail outlets.
Books and records maintained by licensed premises.
Methods of producing, processing and packaging of marijuana/marijuana infused products, to
include conditions of sanitation.
Standards of ingredients, quality, and identity of marijuana/marijuana infused products
produced, processed and sold by licensees.
Security requirements for retail outlets and premises where marijuana is produced and
processed.
Retail Outlets
Specific number of retail outlets and licenses will be determined by the WSLCB in consultation with the
Office of Financial Management taking into account population, security and safety issues, and
discouraging illegal markets. The initiative also caps retail licenses by county.
Retail outlets may not employ anyone under the age of 21, nor allow anyone under the age of
21 to enter the premises.
Retail outlets are only authorized to sell marijuana/marijuana products or paraphernalia.
Retailers are allowed one sign , not to exceed
1600 square inches.
They are not allowed to display marijuana or marijuana related products in a manner that is
visible to the general public.
Possession
If enacted, individuals twenty-one years of age or older are legally authorized to possess and use
marijuana-related paraphernalia andany combination of:
One ounce of useable marijuana;
16 ounces of marijuana infused product in solid form; or
72 ounces of marijuana infused product in liquid form.
Individuals will still be subject to criminal prosecution for:
Possession in amounts greater than what is listed above.
Possession of any quantity or kind of marijuana/marijuana infused product by a person under 21
years of age.
Price
price estimate of $12 per gram
The Office of Financial Management places a . Medicinal marijuana
dispensary prices on average range between $10 and $15 per gram with some premium products
exceeding $15 per gram.
Based on average retail mark-up practices, estimated producer price is $3 per gram and estimated
processor price is $6 per gram.
Timeline
November 6, 2012: Public vote on Initiative 502.
December 6, 2012: Initiative 502 goes into effect (30 days after general election).
December 1, 2013: Deadline for the WSLCB to establish the procedures and criteria
necessary to implement the initiative.
###
Revised: 11/19/12
Attachment B
November 2012
I-502:
Marijuana Initiative
Washington State voters passed Initiative 502 on election
night, legalizing marijuana use. in their jurisdiction and may object under a process
similar to liquor license objections. No license can be
approved for locations within 1,000 feet of elementary or
What does the initiative do?
secondary schools, playgrounds, recreation centers, day
The initiative legalizes marijuana use for persons over
cares, parks, transit centers, libraries, and arcades.
21. Private stores, producers and processors are allowed
to be licensed to sell marijuana and marijuana infused
Will the initiative impose taxes on
products. The Washington State Liquor Control Board
(LCB) is tasked with regulating and taxing marijuana.
marijuana?
Portions decriminalizing the possession of marijuana take
Yes. At each transaction point (producer to processor,
effect Dec. 6, 2012. Rules regarding licensing and sales
processor to retailer, and retailer to consumer) a 25%
are set to occur no later than Dec. 1, 2013.
excise tax would be levied. Local and state sales tax will
also be levied on retail sales.
Who can sell marijuana?
The initiative provides for licensed retail locations. The excise taxes are to be placed in a dedicated marijuana
Marijuana stores can only sell marijuana, marijuana-fund and are to be primarily distributed to the states
infused products, and paraphernalia. Basic Health Plan, the state general fund, health-related
programs, and the LCB for administrative costs. Local
Stores are allowed to sell to an individual any governments do not get a share of the excise tax.
combination of the following: one ounce of useable
marijuana, 16 ounces of marijuana-infused product in
Does the initiative address medical
solid form, or 72 ounces of marijuana-infused product
marijuana?
in liquid form. Stores may not allow on-premises
The initiative is silent on medical marijuana. However,
consumption.
I-502 may impact medical users as marijuana could be
purchased at retail stores. Furthermore, state and local
Stores are prohibited from advertising or showing product
criminal penalties for possession and use are eliminated.
visible from outside the store.
And what about federal law?
No one under the age of 21 may enter marijuana stores,
The initiative does not change federal law, and the
and store owners and employees also must be over 21.
federal government could continue to arrest marijuana
producers, processors, retailers, and users.
What are the rules for users?
In addition to being over 21, marijuana cannot be opened
or consumed in public. The initiative also establishes
AWC contact
Candice Bock, candiceb@awcnet.org
of marijuana-similar to standards for alcohol- but only
Legislative & Policy Advocate
available as a blood test.
Brittany Sill, brittanys@awcnet.org
How is marijuana going to be regulated?
Legislative & Policy Analyst
AWC has not taken a position for or against this ballot initiati
role is to provide its members with educational materials that c
Association of Washington Cities 1076 Franklin St SE, Olympia,
Attachment C
¬
«
Lake
99
Washington
Raisbeck
Aviation
High School
Location
¬
«
Seattle
Seattle
I-5
Restrictions
King
King
County
County
Imposed
North
by I-502
Wind's
Cecil Moses
Weir
Memorial Park
Duwamish
Hill Preserve
Duwamish
¬
«
Park
599
King County
King County
Tukwila
Burien
Burien
Community
Codiga
Center
Farm
Park
Pamela Drive
Riverton
Open Space
Park
57th Ave S
Riverton
Mini Park
Southgate
Mini Park
Park
Cascade
View
Foster
ElementaryJoseph Foster
Golf Links
Memorial/Lee
Cascade
Philips Park
Foster
View Park
Showalter
Library/
Middle
Tukwila
Macadam
School
Academy
Village
Wetlands
Schools
& Winter
Hazelnut
Garden
Fort Dent
Park
Park/Starfire
Tukwila
Thorndyke
Sports
Renton
¬
«
Renton
Elementary
Elementary
405
¬
«
Family
518
Tukwila Park
Fun Center
Link Light
Ikawa Park
Rail Station
(Japanese Garden)
Crystal
Springs
Sounder / Amtrak
Park
Tukwila
Station
Crestview
Transit
Park
Station
Bicentennial
Park
Tukwila
Pond
Park¬
«
181
SeaTac
SeaTac
P-17
Pond
Legend
¬
«
I-5
Trails
Schools Buffer
Briscoe
Park
Parks Buffer
Kent
Kent
Family Fun Center (Arcade) Buffer
Childcare Centers Buffer
°
0.50.2500.5Miles Libraries & Transit Stations Buffer
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Attachment D
¬
«
Lake
99
Washington
Zones
¬
«
Seattle
Seattle
I-5
where marijuana
King
King
County
County
uses would
be permitted
¬
«
599
King County
King County
Burien
Burien
¬
«
405
¬
«
518
Renton
Renton
Legend
¬
«
181
White Areas = Locations Restricted by WSLCB
SeaTac
SeaTac
LDR Low Density Residential
MDR Medium Density Residential
HDR High Density Residential
MUO Mixed Use Office
¬
«
I-5
O Office
RCC Residential Commercial Center
RC Regional Commercial
RCM Regional Commercial Mixed Use
TUC Tukwila Urban Center
CLI Commercial Light Industrial
Kent LI Light Industrial
Kent
HI Heavy Industrial
MIC/L Manufacturing Industrial Center/Light Industrial
°
MIC/H Manufacturing Industrial Center/Heavy Industrial
0.50.2500.5Miles
TVS Tukwila Valley South
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Attachment E
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
RELATING TO LAND USE AND ZONINGAS CODIFIED AT TUKWILA
MUNICIPAL CODE SECTION18.40.020AND ESTABLISHING A NEW
SECTION 18.50.210;ADOPTING ZONING RESTRICTIONS ON THE
PRODUCTION, PROCESSING, AND RETAILING OF RECREATIONAL
MARIJUANA USES;DESCRIBING THE LAND USE IMPACTS
TRIGGERING SUCH RESTRICTIONS; IDENTIFYING THE
PERMITTED ZONE FOR RECREATIONAL MARIJUANA USES AS
THE TUKWILA VALLEY SOUTHAND HEAVY INDUSTRIALZONES;
ESTABLISHING SEPARATION AND DISTANCE REQUIREMENTS
WITHIN THE PERMITTED ZONES; ESTABLISHING PROCEDURES
FOR ENFORCEMENT OF VIOLATIONS INCLUDING ABATEMENT OF
MARIJUANANUISANCES;REPEALING ORDINANCE NO. ______,
WHICH ESTABLISHED THE MORATORIUMON RECREATIONAL
MARIJUANA USES;PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,
since 1970, federal law has prohibited the manufacture and
possession of marijuana as a Schedule I drug, based on the federal government’s
categorization of marijuana as having a “high potential for abuse, lack of any accepted
medical use, and absence of any accepted safety for use in medically supervised
treatment.” Gonzales v. Raich, 545 U.S. 1, 14 (2005), Controlled Substance Act (CSA),
84 Stat. 1242, 21 U.S.C. 801 et seq; and
WHEREAS
, on November 6, 2012, Initiative 502 was passed by the voters of the
State of Washington, providing a framework under which marijuana producers,
processors, and retailers can become licensed by the State of Washington; and
WHEREAS
, Initiative 502 directs the Washington State Liquor Control Board
(WSLCB) to develop rules and regulations to:
1.Determine the number of producers, processors and retailers of marijuana
by county;
2.Develop licensing and other regulatory measures;
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3.Issue licenses to producers, processors, and retailers at locations which
comply with the Initiative’s distancing requirements prohibiting such uses
within 1,000 feet of schools and other designated public facilities; and
4.Establish a process for the City to comment prior to the issuance of such
licenses; and
WHEREAS
, the WSLCB is expected to adopt new regulations on recreational
marijuana on August 14, 2013, and to begin issuance of marijuana producer, processor
and retail licenses to qualified applicants in December 2013; and
WHEREAS
, Section 69.51A.140 RCW delegates authority to cities and towns to
adopt and enforce zoning requirements, business licensing requirements, health and
safety requirements, and business taxes as exercises of the City’s police powers; and
WHEREAS
, the City Council wishes to clarify that the manufacture, production,
processing, retailing, possession, transportation, delivery, dispensing, application, or
administration of marijuana must comply with allapplicable City laws, and that
compliance with City laws does not constitute an exemption from compliance with
applicable state and federal regulations; and
WHEREAS
, the City of Tukwila believes that the health, safety, and welfare of the
community is best served by excluding from certain zones any production, processing,
selling or delivery of marijuana; and
WHEREAS
, the City of Tukwila adopted OrdinanceNo. (to be adopted), imposing a
moratorium on recreational marijuana uses while zoning for said uses is established;
and
WHEREAS
, Ordinance No. (to be adopted) requires formal action by the City
Council to terminate the moratorium; and
WHEREAS
, the City Council has studied the land use and other secondary impacts
of recreational marijuana use, and has now drafted a zoning ordinance to address these
impacts; and
WHEREAS
, the State Environmental Policy Act (SEPA) Responsible Official issued
a threshold decision for this draft ordinance on July 26, 2013(to be issued)which
was/was notappealed; and
WHEREAS
, on July 25, 2013(to be held),the Planning Commission held a public
hearing on the draft zoning ordinance; and
WHEREAS
, the Planning Commission recommended approval(to be determined)
of the draft zoning ordinance to the City Council; and
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WHEREAS
, on August 26, 2013(to be held),the City Council held a hearing on the
draft zoning ordinance, after proper notice,during its regular meeting; and
WHEREAS
, the City Council after due consideration believes that certain amend-
ments to the City’s zoning code are necessary; and
WHEREAS
, the City Council decided to adopt azoning ordinance and to formally
repeal the moratorium on recreational marijuana uses (Ordinance No. (to be adopted);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Formal Repeal of Moratorium.
Ordinance No. (to be adopted),a
moratorium on theestablishment of marijuana producers, processors, and retailers
asserted to be authorized under Initiative No. 502, ishereby repealed.
Section 2.TMC Section Adopted.
A new section is hereby added to Tukwila
Municipal Code (TMC) Chapter 18.06, “Definitions,” as follows:
Marijuana
"Marijuana"means all parts of the plant Cannabis, whether growing or not, with a
THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof;
the resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds or resin. The term does not
include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or
cake, or the sterilized seed of the plant which is incapable of germination.
Section 3.TMC Section Adopted.
A new section is hereby added to TMC
Chapter 18.06, “Definitions,” as follows:
MarijuanaProcessor
"Marijuana processor"means a person licensed by the state liquor control board to
process marijuana into useable marijuana and marijuana-infused products, package
and label useable marijuana and marijuana-infused products for sale in retail outlets,
and sell useable marijuanaand marijuana-infused products at wholesale to marijuana
retailers.
Section 4.TMC Section Adopted.
A new section is hereby added to TMC
Chapter 18.06, “Definitions,” as follows:
MarijuanaProducer
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"Marijuana producer" meansa person licensed by the state liquor control board to
produce and sell marijuana at wholesale to marijuana processors and other marijuana
producers.
Section 5.TMC Section Adopted.
A new section is hereby added to TMC
Chapter 18.06, “Definitions,” as follows:
Marijuana Retailer
"Marijuana retailer"means a person licensed by the state liquor control board to sell
useable marijuana and marijuana-infused products in a retail outlet.
Section 6.TMC Section Adopted.
A new section is hereby added to TMC
Chapter 18.06, “Definitions,” as follows:
Marijuana-infused Products
"Marijuana-infused products" meansproducts that contain marijuana or marijuana
extracts and are intended for human use. The term "marijuana-infused products" does
not include useable marijuana.
Section 7.TMC Section Adopted.
A new section is hereby added to TMC
Chapter 18.06, “Definitions,” as follows:
Useable Marijuana
"Useable marijuana"means dried marijuana flowers. The term "useable marijuana"
does not include marijuana-infused products.
Section 8.TMC Section 18.34.020 Amended. 2368 §35, 2287
Ordinance Nos.
§25, 2251 §47, 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814 §2, 1774 §2, and 1758 §1
(part),
as codified at TMC Section 18.34.020, (Heavy Industrial) “Permitted Uses,” 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 beallowed within the
following distances from the followingspecified uses, areas or zones, whether such
uses, areas orzones are located within or outside the City limits:
(1)In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC,
RCM or TUC zone districts or anyother residentially-zoned property;
(2)In or within one-half mile of:
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(a)Public or private school withcurricula equivalent to
elementary, junior or senior high schools,or any facility owned or operated by such
schools; and
(b)Care centers, preschools, nurseryschools 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 orchapel, or
(c) public library.
b.The distances specified in TMC Section 18.34.020.1.a. shall be
measured by following a straight linefrom the nearest point of the property parcel upon
which theproposed use is to be located, to the nearest point of the parcelof property or
land use district boundary line from which theproposed land use is to be separated.
c. No adult entertainment establishment shall beallowed to locate
within 1,000 feet of an existing adultentertainment establishment. The distance
specified in thissection shall be measured by following a straight line betweenthe
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
partsallowed.
3.Automotive services:
a.gas, outside pumps allowed
b.washing
c. bodyand 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 orcarpenter shops employing less than five people.
10.Commercial laundries.
11.Commercial parking subject to TMC Chapter18.56, Off-Street Parking and
Loading Regulations.
12.Computer software development and similar uses.
13.Contractor storage yards.
14.Convention facilities.
15.Daycare centers.
16.Extended-stay hotel/motel.
17.Financial:
a.banking
b.mortgage
c. other services
18.Fix-it, radio or television repair shops/rental shops.
19.Fraternal organizations.
20.Frozen food lockers for individual or family use.
21.Greenhouses or nurseries (commercial).
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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 and industrial uses that have littlepotential for creating off-
site noise, smoke, dust, vibration orother external environmental impacts or pollution,
including butnot limited to, manufacturing, processing, repairing, packagingand/or
assembly of:
a.Previously prepared metals, including, but notlimited to, stamping,
dyeing, shearing or punching of metal,engraving, galvanizing and hand-forging;
b.Food, including, but not limited to, bakedgoods, beverages (including
fermenting and distilling), candy,canned or preserved foods, dairy products and
byproducts,frozen foods, instant foods and meats (provided that noslaughteringis
permitted);
c. Pharmaceuticals and related products, such ascosmetics and drugs;
d.Previously prepared materials including, butnot limited to, bags,
brooms, brushes, canvas, clay, clothing,fur, furniture, glass, ink, paint, paper, plastics,
rubber, tile andwood;
e.Electronic, mechanical or precision instrumentssuch as medical and
dental equipment, photographic goods,measurement and control devices, and
recording equipment.
29.Manufacturing and industrial uses that havemoderate to substantial
potential for creating off-site noise,smoke, dust, vibration and other external
environmental impactsincluding but not limited to, manufacturing, processing,
assembling, packaging and/or repairing of:
a.Chemicals, light metals, plastics, solvents,soaps, wood, coal, glass,
enamels, textiles, fabrics, plaster,agricultural products or animal products (no rendering
orslaughtering);
b.Electrical or mechanical equipment, vehiclesand machines, including,
but not limited to, heavy and lightmachinery, tools, airplanes, boats or other
transportationvehicles and equipment;
c. Previously manufactured metals, such as ironand steel fabrication;
steel production by electric arc melting,argon oxygen refining, and consumable
electrode melting; andsimilar heavy industrial uses.
30. Marijuana processor
31. Marijuana producer
32. Marijuana retailer
3033. Medical and dental laboratories.
3134. Mortician and funeral homes.
3235. Motels.
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3336. Offices, including:
a.outpatient medical clinic
b.dental
c. government - excluding fire and police stations
d.professional
e.administrative
f.business, such as travel, real estate
g.commercial
3437. Parks, trails, picnic areas and playgrounds(public), but not including
amusement parks, golf courses orcommercial recreation.
3538. Pawnbrokers.
3639. Planned shopping center (mall).
3740. Plumbing shops (no tin work or outside storage).
3841. Railroad tracks (including lead, spur, loading orstorage).
3942. Recreation facilities (commercial - indoor), athleticor health clubs.
4043. Religious facility with an assembly area less than750 square feet.
4144. Rental of vehicles not requiring a commercialdriver's license (including
automobiles, sport utility vehicles, mini-vans, recreational vehicles, cargo vans and
certain trucks).
4245. Rental of commercial trucks and fleet rentalsrequiring a commercial
driver's license.
4346. Restaurants, including:
a.drive-through
b.sit down
c. cocktail lounges in conjunction with arestaurant.
4447. Retail sales of health and beauty aids, prescriptiondrugs, food,
hardware, notions, crafts and craft supplies,housewares, consumer electronics, photo
equipment, and filmprocessing, books, magazines, stationery, clothing, shoes,flowers,
plants, pets, jewelry, gifts, recreation equipment andsporting goods, and similar items.
4548. Retail sales of furniture, appliances, automobileparts and accessories,
liquor, lumber/building materials, lawnand garden supplies, farm supplies.
4649. Rock crushing, asphalt or concrete batching ormixing, stone cutting,
brick manufacture, marble work, and theassembly of products from the above
materials.
4750. Sales and rental of heavy machinery andequipment subject to
landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space
Requirements chapter of this title.
4851. Salvage and wrecking operations.
4952. Schools and studios for education or self-improvement.
5053. Self-storage facilities.
5154. Storage (outdoor) of materials is permitted up to aheight of 20 feet
with a front yard setback of 25 feet, and to aheight of 50 feet with a front yard setback
of 100 feet; securityrequired.
5255. Storage (outdoor) of materials allowed to bemanufactured or handled
within facilities conforming to usesunder this chapter; and screened pursuant to the
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Landscape,Recreation, Recycling/Solid Waste Space Requirementschapter of this
title.
5356. Taverns, nightclubs.
5457. Telephone exchanges.
5558. Theaters, excluding adult entertainmentestablishments, as defined by
this code.
5659. Tow truck operations, subject to all additionalState and local
regulations.
5760. Truck terminals.
5861. Warehouse storage and/or wholesale distributionfacilities.
5962. Other uses not specifically listed in this title, whichthe Director
determines to be:
a.similar in nature to and compatible with otheruses permitted
outright within this district; and
b.consistent with the stated purpose of thisdistrict; and
c. consistent with the policies of the TukwilaComprehensive Plan.
Section 9. TMC Section 18.40.020 Amended.
Ordinance Nos. 2368 §41, 2287
§30, 2251 §54, 2235 §8, 2097 §17, 2021 §10, 1986 §15, 1974 §11, 1971 §17, 1830
§25, 1814 §2, 1774 §5,and1758 §1 (part), as codified at TMCSection 18.40.020,
(Tukwila Valley South) “Permitted Uses,” are hereby amended to read as follows:
18.40.020Permitted 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:
(1)In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC,
RCM or TUC zone districtsor 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 Section 18.40.020.1.a. shall be
measured by following a straight line from the nearest point of the property parcel upon
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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 measuredby 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 carpenter shops employing less than five people.
11.Commercial laundries.
12.Commercial parking, subject to TMC Chapter 18.56, Off-Street Parking and
Loading Regulations.
13.Computer software development and similar uses.
14.Contractor's storage yards.
15.Convalescent and nursing homes for not more than 12 patients.
16.Convention facilities.
17.Daycare centers.
18.Dwelling - one detached single-family unit per existing lot (includes factory
built or modular home that meets UBC).
19.Extended-stay hotel/motel.
20.Farming and farm-related activities.
21.Financial:
a.banking
b.mortgage
c. other services
22.Fix-it, radio or television repair shops/rental shops.
23.Fraternal organizations.
24.Frozen food lockers for individual or family use.
25.Greenhouses or nurseries (commercial).
26.Heavy equipment repair and salvage.
27.Hotels.
28.Industries involved with etching, film processing, lithography, printing and
publishing.
29.Internet data/telecommunication centers.
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30.Laundries:
a. self-serve
b.dry-cleaning
c. tailor, dyeing
31.Libraries, museums or art galleries (public).
32.Manufacturing and industrial uses that have little potential for creating off-
site noise, smoke, dust, vibration or other external environmental impacts of pollution,
including but not limited to, manufacturing, processing, assembling, packaging and/or
repairing of:
a.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);
b.Pharmaceuticals and related products, such as cosmetics and drugs;
c. 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;
d.Electronic, mechanical or precision instruments such as medical and
dental equipment, photographic goods, measurement and control devices and recording
equipment.
33.Marijuana processor
34.Marijuana producer
35.Marijuana retailer
3336. Medical and dental laboratories.
3437. Mortician and funeral homes.
3538. Motels.
3639. Offices, including:
a.outpatient medical clinic
b.dental
c. government - excluding fire and police stations
d.professional
e.administrative
f.business, such as travel, real estate
g.commercial
3740. Pawnbrokers.
3841. Planned shopping center (mall).
3942. Plumbing shops (no tin work or outside storage).
4043. Parks, trails, picnic areas and playgrounds (public), but not including
amusement parks, golf courses or commercial recreation.
4144. Railroad tracks (including lead, spur, loading or storage).
4245. Recreation facilities (commercial - indoor), athletic or healthclubs.
4346. Recreation facilities (commercial - indoor), including bowling alleys,
skating rinks, shooting ranges.
4447. Religious facility with an assembly area of less than 750 square feet.
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4548. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini-vans, recreational vehicles, cargo vans and
certain trucks).
4649. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
4750. Research and development facilities.
4851. Restaurants, including:
a.drive-through;
b.sit down;
c. cocktail lounges in conjunction with a restaurant.
4952. 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.
5053. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
5154. 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.
5255. Salvage and wrecking operations that are entirely enclosed within a
building.
5356. Schools and studios for education or self-improvement.
5457. Self-storage facilities.
5558. 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.
5659. Studios - art, photography, music, voice and dance.
5760. Taverns, nightclubs.
5861. Telephone exchanges.
5962. Theaters, excluding adult entertainment establishments, as defined by
this code.
6063. Tow truck operations, subject to all additional State and local
regulations.
6164. Truck terminals.
6265. Warehouse storage and/or wholesale distribution facilities.
6366. 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 10.TMCSection18.50.210 Adopted.
TMC Section 18.50.210,
“Marijuana Related Uses,” is hereby established to read as follows:
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A.The production, processing and retailing of marijuana is and remains illegal
under federal law. Nothing herein or as provided elsewherein the ordinances of the
City of Tukwila is an authorizationto circumvent federal law or provide permission to
any person or entity to violate federal law. Only state-licensedmarijuana producers,
marijuana processors, and marijuana retailers maylocate in the City of Tukwila and
then only pursuant to a license issued by the State of Washington. The purposes of
these provisions is solely to acknowledge the enactment by Washington voters of
Initiative 502 and a state licensing procedure and to permit, but only to the extent
required by state law, marijuana producers, processors, and retailers to operate in
designated zones of the City.
B.The production, processing, selling, or delivery of marijuana, marijuana-infused
products, or useable marijuana may not be conducted in association with any business
establishment,dwelling unit, or home occupation located in any of the following areas:
Low Density Residential
Medium Density Residential
High Density Residential
Mixed Use Office
Office
Residential Commercial Center
Neighborhood Commercial Center
Regional Commercial
Regional Commercial Mixed Use
Tukwila Urban Center
Commercial/Light Industrial
Light Industrial
Manufacturing Industrial Center/Light
Manufacturing Industrial Center/Heavy
C.Any violation of this section is declared to be a public nuisance per se, and, in
additionto any other remedy provided by law or equity, may be abated by the City
Attorney under the applicable provisions of this code or state law.
Section 11.No Non-conforming Uses.
No use that constitutes or purports to be
a marijuana producer, marijuana processor, or marijuana retailer, as those terms are
defined in this ordinance, that was engagedin that activity prior to the enactment of this
ordinance shall be deemed to have been a legally established use under the provisions
of the Tukwila Municipal Code and that use shall not be entitled to claim legal non-
conforming status.
Section 12. Adoption of Findings of Fact.
TheCity Council adopts as its
preliminary findings the recitals set forth above. The City Council may adopt additional
findings in the event that additional evidence is presented to the City Council.
Section 13. Corrections by City Clerk or Code Reviser.
Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
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corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 14. 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 15.Effective Date
.This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this ________ day of ____________________, 2013.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City ClerkJim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City AttorneyOrdinance Number:
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