HomeMy WebLinkAboutOrd 2185 - Rezone Property Bounded by East Marginal Way South, South Norfolk Street, Airport Way South and Boeing Access Road to Light Industrial (LI)City of Tukwila
Washington
Ordinance No. 2185
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REZONING CERTAIN REAL PROPERTY GENERALLY
BOUNDED BY EAST MARGINAL WAY SOUTH, SOUTH NORFOLK
STREET, AIRPORT WAY SOUTH AND BOEING ACCESS ROAD, FROM
MANUFACTURING INDUSTRIAL CENTER -HEAVY (MIC -H) TO LIGHT
INDUSTRIAL (LI); SETTING CONDITIONS FOR THE PROPERTY
OWNER REGARDING THE REZONE; AMENDING THE CITY'S OFFICIAL
ZONING MAP; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on
consideration of existing conditions and long -term community goals, which may be
reviewed and updated as appropriate; and
WHEREAS, the property owner, Sabey Corporation, has applied to rezone certain
real property generally bounded by East Marginal Way South, South Norfolk Street,
Airport Way South and Boeing Access Road, more specifically described in Exhibit 1 and
shown in the map on Exhibit 2; and
WHEREAS, notices of Public Hearings were published in The Seattle Times, posted on
site, and mailed to surrounding properties; and
WHEREAS, the City of Tukwila Planning Commission held a Public Hearing on
October 25, 2007 and, after having received and studied staff analysis and comments from
the public, recommended approval of the rezone application with conditions, and made
and entered Findings and Conclusions thereon in support of that recommendation; and
WHEREAS, Tukwila City staff held a supplemental informational meeting on
November 29, 2007; and
WHEREAS, the City Council held a Public Hearing on December 3, 2007; and
WHEREAS, the City Council concurs with the decision of the Planning Commission
and has determined that the public interest will be served by approving the rezone
application with conditions; and
WHEREAS, light industrial and commercial land uses provide benefits to the City of
Tukwila, and are considered appropriate activities in lieu of warehousing and
distribution uses immediately adjacent to King County International Airport; and
WHEREAS, this rezone request meets the criteria for granting zoning map
reclassifications set forth in Tukwila Municipal Code 18.84.020 and 18.84.030; and
WHEREAS, the City has complied with the requirements of the State Environmental
Policy Act;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council hereby adopts the Findings and Conclusions of the
Tukwila Planning Commission regarding this rezone, attached hereto as Exhibit 3, and
incorporated by this reference as if fully set forth herein.
Section 2. The property generally bounded by East Marginal Way South, South
Norfolk Street, Airport Way South and Boeing Access Road, more specifically described
in Exhibit 1 and shown in the map on Exhibit 2, both attached hereto, is hereby approved
to be rezoned from "Manufacturing Industrial Center Heavy" (MIC -H) to "Light
Industrial" (LI).
Section 3. This rezone is conditioned upon:
A. Development exceeding 640,000 square feet for retail/ restaurant/
entertainment uses and 700,000 square feet for office uses shall be reviewed
administratively by the Community Development Director, according to the procedure
established for a Type 2 decision under TMC 18.100.010, to determine whether
additional conditions may be necessary to mitigate new significant impacts of the
increased square footage.
B. Design review shall apply according to the standards for the
Commercial /Light Industrial zone (TMC 18.30.070). Design review procedure shall be
followed according to the requirements of the Board of Architectural Review as
described in TMC Chapter 18.60.
Section 4. The Department of Community Development Director or his designee is
hereby directed to amend the City's Official Comprehensive Plan zoning map to show
this change in zoning.
Section 5. 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 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITYQF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 3RD DAY OF DECEMBER, 2007.
ATTEST/ AUTHENTICATED:
JANE E. Cantu, CMC, City Clerk
APPROVED
the Cit Attorney
Attachment:
RM BY:
Steven M. Mullet, Mayor
Filed with the City Clerk: -C' `I
Passed by the City Council: 1 (2) 7
Published: 0 7
Effective Date: Z /7 7
Ordinance Number: ,,Z 'S
Exhibit 1- Description of Property
Exhibit 2- Map: Comp Plan Amendment L07 -066, Rezone L07 -067
Exhibit 3- Planning Commission Staff Report, October 27, 2007,
Findings and Conclusions
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EXHIBIT 1
Page 1 of 6
File No.: 10948399
THAT PORTION OF TIMOTHY GROWS DONATION LAND CLAIM IN SECTIONS 3 AND 4,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND OF GOVERNMENT LOT 1 IN SAID
SECTION 3, AND OF THE ABANDONED SEATTLE- TACOMA INTERURBAN AND PUGET
ELECTRIC COMPANY RIGHT -OF -WAY, AND OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 3, AND OF GOVERNMENT LOTS 8 AND 9 IN SAID
SECTION 4, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CONCRETE MONUMENT MARKING THE INTERSECTION OF THE
CENTERLINES OF SOUTH NORFOLK STREET AND AIRPORT WAY SOUTH, WHICH POINT
BEARS NORTH 88 °11'57" EAST 521.23 FEET FROM THE CONCRETE MONUMENT MARKING
THE ANGLE POINT IN THE CENTERLINE OF SAID SOUTH NORFOLK STREET;
THENCE SOUTH 88 °11'57" WEST, ALONG THE CENTERLINE OF SAID SOUTH NORFOLK
STREET, 37.33 FEET;
THENCE SOUTH 01 °48'03" EAST 40.00 FEET TO THE INTERSECTION OF THE SOUTHERLY
MARGIN OF SAID SOUTH NORFOLK STREET WITH AN ARC OF A CURVE CONNECTING SAID
SOUTHERLY MARGIN WITH THE WESTERLY MARGIN OF AIRPORT WAY SOUTH, THE CENTER
OF WHICH CURVE BEARS SOUTH 33 51'08" WEST, 48.00 FEET, AND THE TRUE POINT OF
BEGINNING;
THENCE SOUTHERLY, ALONG SAID WESTERLY MARGIN OF AIRPORT WAY SOUTH,
FOLLOWING SAID ARC OF A CURVE HAVING A RADIUS OF 48.00 FEET, AN ARC DISTANCE
OF 29.1 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 21 °22'39" EAST, ALONG SAID WESTERLY MARGIN, 1,128.01 FEET TO A
POINT OF WIDENING IN SAID AIRPORT WAY SOUTH;
THENCE SOUTH 68 °37'21" WEST, ALONG SAID MARGIN, 35.00 FEET TO A POINT OF CURVE
IN SAID MARGIN THE CENTER OF WHICH BEARS SOUTH 68 °37'21" WEST 880.00 FEET;
THENCE SOUTHERLY, ALONG SAID MARGIN, FOLLOWING AN ARC OF A CURVE HAVING
SAID RADIUS OF 880.00 FEET, AN ARC DISTANCE OF 509.06 FEET TO A POINT OF
WIDENING IN SAID AIRPORT WAY SOUTH;
THENCE NORTH 78 °13'59" WEST, ALONG SAID MARGIN, 5.00 FEET;
THENCE SOUTH 11 °46'01" WEST, ALONG SAID MARGIN, 221.60 FEET TO A POINT OF
WIDENING IN SAID AIRPORT WAY SOUTH;
THENCE NORTH 78 °13'59" WEST 3.00 FEET TO A POINT OF CURVE IN SAID MARGIN, THE
CENTERLINE OF WHICH BEARS NORTH 78 °13'59" WEST 522.96 FEET;
THENCE SOUTHERLY AND WESTERLY, ALONG SAID CURVE AND MARGIN, AN ARC
DISTANCE OF 666.38 FEET TO A POINT ON THE NORTH MARGIN OF THE BOEING ACCESS
ROAD;
THENCE SOUTH 05 °13'28" EAST, ALONG SAID MARGIN, 7.00 FEET;
THENCE SOUTH 84 °46'32" WEST, ALONG SAID MARGIN, 447.92 FEET TO A POINT OF
CURVATURE OF A 102.80 FOOT RADIUS CURVE TO THE RIGHT IN SAID MARGIN;
THENCE WESTERLY AND NORTHERLY, ALONG SAID CURVE AND MARGIN, 150.50 FEET TO A
POINT OF TANGENCY ON THE NORTHEASTERLY MARGIN OF EAST MARGINAL WAY;
THENCE NORTH 11 °20'42" WEST, ALONG SAID NORTHEASTERLY MARGIN, 272.50 FEET TO
A POINT OF CURVATURE OF A 1,184.34 FOOT RADIUS CURVE TO THE LEFT;
THENCE NORTHERLY, ALONG SAID CURVE AND MARGIN, AN ARC DISTANCE OF 254.44
FEET;
THENCE CONTINUING ALONG THE NORTHEASTERLY MARGIN OF EAST MARGINAL WAY,
NORTH 23 °39'16" WEST 429.64 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID
GOVERNMENT LOT 8;
EXHIBIT 1
Page 2 of 6
File No.: 10948399
THENCE CONTINUING ALONG THE NORTHEASTERLY MARGIN OF EAST MARGINAL WAY TO
AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH 200 FEET OF SAID
GOVERNMENT LOT 8, AS MEASURED ALONG THE EAST LINE OF SAID GOVERNMENT LOT 8;
THENCE EAST, PARALLEL TO THE SOUTH LINE OF SAID GOVERNMENT LOT 8, TO THE EAST
LINE OF SAID GOVERNMENT LOT 8;
THENCE SOUTH, ALONG THE EAST LINE OF SAID GOVERNMENT LOT 8, TO THE SOUTHEAST
CORNER OF SAID GOVERNMENT LOT 8;
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3,
SOUTH 88 °0758" EAST 267.86 FEET TO THE WESTERLY BOUNDARY LINE OF THE SEATTLE
TACOMA INTERURBAN RAILWAY RIGHT -OF -WAY;
THENCE ALONG SAID WESTERLY BOUNDARY LINE, NORTH 08 °11'15" WEST 738.75 FEET TO
THE SOUTH LINE OF SAID TIMOTHY GROW'S DONATION LAND CLAIM;
THENCE SOUTH 89 °59'25" WEST, ALONG SAID SOUTH LINE, 157.64 FEET TO THE WEST
LINE OF SAID SECTION 3;
THENCE SOUTH 00 °23'12" WEST, ALONG SAID WEST LINE, 137.23 FEET;
THENCE NORTH 89 °58'12" WEST TO A POINT WHICH BEARS SOUTH 89 °58'12" EAST 168.00
FEET FROM THE EASTERLY MARGIN OF EAST MARGINAL WAY SOUTH;
THENCE NORTH 23 °39'16" WEST 181.29 FEET;
THENCE NORTH 89 °50'45" WEST 168.16 FEET TO THE EASTERLY MARGIN OF EAST
MARGINAL WAY SOUTH;
THENCE NORTH 23 °39'16" WEST, ALONG SAID MARGIN, 147.95 FEET TO THE
INTERSECTION OF SAID EASTERLY MARGIN WITH THE SOUTHERLY MARGIN OF SOUTH
NORFOLK STREET AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER KING
COUNTY RECORDING NO. 5388220;
THENCE NORTH 66 °00'17" EAST, ALONG SAID SOUTHERLY MARGIN, 862.07 FEET TO A
POINT OF CURVE;
THENCE EASTERLY, ALONG SAID MARGIN, FOLLOWING AN ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 340.71 FEET, AN ARC DISTANCE OF 131.98 FEET TO A POINT OF
TANGENCY;
THENCE NORTH 88 °11'57" EAST, ALONG SAID MARGIN, 409.23 FEET TO THE TRUE POINT
OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY STATUTORY
WARRANTY DEED 9703050486;
TOGETHER WITH THAT PORTION LYING NORTH OF SOUTH NORFOLK STREET DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 3;
THENCE SOUTH 00 °23'12" WEST, ALONG THE WEST LINE OF SAID SUBDIVISION, 30.00
FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 30 FEET IN WIDTH OF SAID
SUBDIVISION AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88 °40'52" EAST, ALONG SAID SOUTH LINE, 57.98 FEET TO AN
INTERSECTION WITH THE NORTHERLY MARGIN OF SAID SOUTH NORFOLK STREET;
THENCE SOUTH 66 °00'17" WEST, ALONG SAID NORTHERLY MARGIN, 203.61 FEET TO AN
INTERSECTION WITH A LINE WHICH IS 213 FEET WESTERLY, MEASURED AT RIGHT
ANGLES TO AND PARALLEL WITH THE WESTERLY MARGIN OF SAID PUGET SOUND
ELECTRIC COMPANY RIGHT -OF -WAY;
THENCE NORTH 08 °11'15" WEST, ALONG SAID PARALLEL LINE, 88.01 FEET TO A POINT
WHICH BEARS NORTH 88 °40'52" WEST 140.07 FEET FROM THE TRUE POINT OF
BEGINNING;
EXHIBIT 1
THENCE SOUTH 88 °40'52" EAST 140.07 FEET TO THE TRUE POINT OF BEGINNING;
File No.: 10948399
TOGETHER WITH NON EXCLUSIVE EASEMENTS FOR DRAINAGE RECORDED UNDER
RECORDING NOS. 3885858 AND 3885859.
SITUATE IN THE CITY OF SEATTLE AND TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
Page 3 of 6
PARCEL 1:
PARCEL 2:
EXHIBIT 1
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 23
NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, LYING SOUTH OF THE SOUTH LINE OF THE TIMOTHY GROW
DONATION LAND CLAIM AND WEST OF THE RIGHT OF AY OF PUGET SOUND
ELECTRIC RAILWAY.
THAT PORTION OF GOVERNMENT LOT 8, SECTION 4, TOWNSHIP 23 NORTH.
RANGE 4 EAST, WILLAMETTE MERIDIAN. IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST LINE OF SAID GOVERNMENT LOT 8 AT A POINT WHICH
IS NORTH 0 °21'24" EAST 200 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE NORTH 0 °21'24" EAST 189.77 FEET; THENCE WEST 375 FEET, MORE OR
LESS, TO THE NORTHEASTERLY LINE OF STATE ROAD NO. 1 AS NOW
ESTABLISHED; THENCE SOUTHEASTERLY ALONG SAID ROAD LINE 205 FEET,
MORE OR LESS, TO A POINT WHICH BEARS NORTH 89'20'54" WEST FROM THE
POINT OF BEGINNING; THENCE SOUTH 89'20'54" EAST PARALLEL WITH THE
SOUTH LINE OF SAID GOVERNMENT LOT 8, 285 FEET, MORE OR LESS. TO THE
POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF GOVERNMENT LOT 8, SECTION 4, TOWNSHIP 23 NORTH.
RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST LINE OF SAID GOVERNMENT LOT AT A POINT WHICH
IS NORTH 0'21'24" EAST 389.71 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE NORTH 0'21'24" EAST ALONG SAID EAST LINE 174.65 FEET; THENCE
DUE WEST TO THE NORTHEASTERLY LINE OF PRIMARY STATE HIGHWAY NO. 1
AS ESTABLISHED BY DEED TO THE STATE OF WASHINGTON, RECORDED UNDER
RECORDING NUMBER 3440535, IN KING COUNTY, WASHINGTON; THENCE
SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE 195 FEET, MORE OR
LESS, TO A POINT DUE WEST OF THE POINT OF BEGINNING; THENCE EAST 395
FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
Page 4 of 6
PARCEL 4:
EXHIBIT 1
THAT PORTION OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST.
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE T. GROWS
DONATION LAND CLAIM WITH THE EAST LINE OF SAID SECTION 4; THENCE
SOUTH 0 2312" WEST ALONG SAID EAST LINE 137.23 FEET TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 0 2312" WEST 20.00 FEET; THENCE NORTH
89'58'12" WEST 448.01 FEET TO THE EASTERLY MARGIN OF EAST MARGINAL
WAY SOUTH; THENCE NORTH 23 °3916" WEST ALONG SAID MARGIN TO A POINT
WHICH BEARS NORTH 89 °58'12" WEST FROM THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89 °58'12" EAST TO THE TRUE POINT OF BEGINNING.
SUBJECT TO THE PERMITTED EXCEPTIONS CONTAINED ON EXHIBIT B
ATTACHED HERETO.
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EXHIBIT 1
Permitted Exceptions
1. Easement and the Terms and Conditions thereof recorded March 21, 1949, under
Recording Number 3885858.
2. Easement and the Terms and Conditions thereof recorded March 21, 1949, under
Recording Number 3885859.
3. Easement and the Terms and Conditions thereof recorded March 19, 1965, under
Recording Number 5856838.
4. Matters disclosed on survey done by the Barghausen Consulting Engineers, Inc..
dated January 26, 2007, under job no. 12757, as follows:
a) Asphalt and ecology block walls apparently appurtenant to said premises
extend onto the southwesterly adjoining property up to a distance of 2.4
feet across the south and southwesterly property lines.
b) Chain link fences of unknown appurtenance along perimeter boundaries do
not conform to the actual properly fines.
Page 6 of 6
MIC /H
EXHIBIT 2
Boeing Access Rd
MIC/H
City of Tukwila
Comp Plan Amendment
L07 -066
Rezone L07 -067
Proposed Rezone N
Comp Plan Amendment N
from MIC /H to L1
MIC /H to LI
1 1 Project Area
PLAT MAP
BACKGROUND:
Proiect History
Exhibit 3
Planning Commission Staff Report L07 -066
October 25, 2007
FINDINGS AND CONCLUSIONS
The Associated Grocers warehouse and distribution center occupies approximately 62 acres that
lie partly in Tukwila and partly in Seattle. During the Spring of 2007, the Sabey Corporation
contacted the City of Tukwila about the possibility of a Comprehensive Plan amendment and
rezone of the Tukwila portion of the Associated Grocers site, in order to redevelop it for office,
retail, hotel and light industrial.
Subsequently, Tukwila and Seattle staff, and the applicant discussed the possibility of a
boundary adjustment to place the entire property within one jurisdiction. Tukwila and Seattle
decided to retain the existing boundaries, and focused attention on selecting the most similar and
compatible Comprehensive Plan and zoning categories between the two jurisdictions, as well as
coordinating the process. If the Comprehensive Plan amendment and rezone request is
approved, specific development and service responsibilities will be defined and coordinated
through an interlocal agreement that will be negotiated with Tukwila and Seattle staff.
On August 13, 2007, the City of Tukwila received an application from the Sabey Corporation for
a Comprehensive Plan amendment (Attachment A) and Rezone (Attachment B) from
Manufacturing /Industrial Center —Heavy (MIC /H) to Light Industrial (LI), on approximately 33
acres immediately south of Boeing Field at the site currently occupied by Associated Grocers.
The applicant requested that the Comprehensive Plan amendment request be considered as an
"emergency" and reviewed in 2007 with the amendments that are currently under consideration,
rather than waiting until 2008 for a new amendment cycle in order to take advantage of
development opportunities, and to best coordinate with the timing of Tukwila's process with
Seattle's process.
The CAP was briefed on August 28, 2007, and the issue was forwarded to the City Council.
After comments from the public on September 17, 2007, the Council accepted the application as
an "emergency" to "support the social, economic or environmental well -being of the City" and
forwarded it to the Planning Commission. (Attachment C)
The site is located in Tukwila's 998 acre Manufacturing /Industrial Center (MIC), one of four
such centers confirmed by King County's County Wide Planning Policies. MICs are places
where industrial activities have reasonable access to regional transportation systems for moving
goods, and where large office and retail development is discouraged.
The applicant has recently acquired the property which has been the Associated Grocers
warehouse and distribution center for many years. Associated Grocers is relocating, and the
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applicant wishes to redevelop the property for office, retail, and light industrial. The Light
Industrial Comprehensive Plan and zoning designation would permit a broader range of uses
than is currently permitted in the MIC /H zone. Tukwila's LI designation most closely
coordinates with Seattle zoning, which is important since the site is split between the two
jurisdictions.
SEPA review and a traffic study were prepared based on what the applicant described as a
conceptual development scenario that could include development totaling approximately 1,520,
000 square feet for the entire 62 acre site including both Tukwila and Seattle together. This
proposal includes approximately:
700, 000 square feet of office development;
550, 000 square feet of retail development;
80, 000 square feet of lodging (hotel);
60, 000 square feet of entertainment use (theatre);
30, 000 square feet of restaurant; and,
100, 000 square feet of warehousing and manufacturing.
Future development would occur in both Tukwila and Seattle portions of the site. (Attachment
D) Traffic impacts to Tukwila streets would be mitigated through concurrency and impact fee
payments. Further review will occur at the project level when a specific plan is prepared, and the
applicant applies for permits. Through the interlocal agreement with Seattle, Tukwila anticipates
having responsibility for development permitting for the entire site, including the portion in
Seattle.
Vicinity /Site Information
The entire property is approximately 62 acres in area, with the majority (approximately 33 acres)
in Tukwila, and the remainder (approximately 29 acres) in Seattle. If the proposal is approved,
the property would remain divided between Tukwila and Seattle.
The property is situated at the eastern edge of Tukwila's Manufacturing /Industrial Center.
(Attachment E) The initial application included a small wedge- shaped lot, just north of Norfolk
Street. This was amended to exclude the parcel, so that the entire project area is south of S.
Norfolk Street. The subject property also excludes property on western border. The parcel's
owner declined to be included in the Comprehensive Plan amendment and rezone. This
omission may be revisited when the City of Tukwila reviews policies for the
Manufacturing /Industrial Center in 2008.
The property is directly south of King County International Airport (KCIA), defined by the
state's Growth Management Act as an "essential public facility." It is in the approach path of the
main runway and is subject to specific requirements of KCIA operations that affect building
height, location, type and location of landscaping. The entire site is impacted by noise from I -5,
the railroad tracks and the airport.
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Surrounding Uses within 1, 000 feet are:
North —King County International Airport "KCIA" aka Boeing Field) and other Boeing
properties, restaurant
South —Light industrial, commercial office uses
East Railroad tracks, Airport Way S. and I -5
West —E. Marginal Way, Duwamish River, restaurant and commercial
REZONE CRITERIA:
1. The proposed amendment to the zoning map is consistent with the goals, objectives
and policies of the Comprehensive Plan
Per the discussion of Comprehensive Plan Criteria (above), redeveloping and reinvigorating the
industrial uses along E. Marginal Way is one of Tukwila's key priorities, as is the continued
enhancement of the community's economic well- being. The proposed rezone request from MIC
H to LI allows a broad range of uses, including light industrial and commercial, to support a
varied and healthy economy for Tukwila, and is consistent with this priority and accompanying
goals and policies.
2. The proposed amendment to the Zoning Map is consistent with the scope and
purpose of this title and the description and purpose of the zone classification
applied for.
Per TMC 18.32.010 Purpose, the Light Industrial District is "...intended to provide areas
characterized by distributive and light manufacturing uses, with supportive commercial and
office uses."
The proposed rezone from Manufacturing /Industrial Center -Light (MIC /L) to Light Industrial
(LI) would fulfill this purpose by retaining the potential for distributive and light manufacturing
uses, while allowing a range of commercial and office uses to be built. The LI zone designation
is also most consistent with the light industrial zone that we anticipate that Seattle will use for its
portion of the property. This consistency between Tukwila and Seattle zoning will facilitate
future development.
3. There are changed conditions since the previous zoning became effective to warrant
the proposed amendment to the Zoning Map
Since the site was zoned MIC -H in 1995, Associated Grocers, the site's primary tenant, has been
sold, and will close its large warehouse and distribution facility, and leaving the majority of the
property vacant.
In addition, in July 2007, the state legislature enacted legislation to change sales tax sourcing
rules. Under prior law, the jurisdiction where a product originates received the sales tax, but now
the jurisdiction where the product is delivered receives the tax. Per the Comprehensive Plan,
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Tukwila should consider land use changes for warehouses if a there is a change in sales tax
sourcing rules.
4. The proposed amendment to the Zoning Map will be in the interest of furtherance
of the public health, safety, comfort, convenience and general welfare, and will not
adversely affect the surrounding neighborhoods, nor be injurious to other
properties in the vicinity in which the subject property is located
The rezone should balance between industrial and commercial land use and zoning without
jeopardizing current and future development in the Manufacturing /Industrial Center or the
Tukwila Urban Center. The rezone and resulting development has significant potential to
contribute to the vitality of the community through increased opportunities for employment,
recreation, and shopping, and increased revenue to the City of Tukwila.
Both the existing MIC /H zoning, and the proposed LI zone require administrative design review
only for new developments within 300 feet of residential districts or within 200 feet of the
Green/Duwamish River. Having more complete design review is highly desirable given the
large size of the proposed rezone area, the likelihood of extensive new and varied development,
and the fact that the project area is split between Tukwila and Seattle. Design review with a
Board of Architectural Review hearing and public involvement would provide Tukwila a clear
mechanism to evaluate proposed development, and to mitigate potential negative impacts to the
adjacent properties and the community.
Building height limits need special consideration in future site design to ensure the safety of
aircraft in flight, and development on the ground, as well as for aesthetic considerations.
Attachment G shows allowable building heights at specific points on the property in accordance
with FAA and KCIA requirements for the flight approach. The current MIC /H zoning allows
structures up to 125 feet in height subject to the requirements of KCIA operations and FAA
(TMC 18.50.045). The LI zone allows a maximum height of four stories or 45 feet.
The applicant has requested a building height exception in order to gain additional flexibility in
site design, especially in light of the potential height restrictions in portions of the property
resulting from proximity to KCIA as discussed above. However, allowing taller buildings raises
concern over having excessively large -scale development on the site with impacts over those that
were considered in the economic analysis by ECONorthwest (8/07), and traffic analysis by
Mirai (9/07). Neither design review nor environmental review would address limits to the
intensity or scale of development if it is within the basic development standards of the LI zone.
Existing height exception areas per TMC 18.50.030 are shown in Attachment H.
To give a degree of predictability in development and in assessing how it will impact the
Manufacturing /Industrial Center and the Tukwila Urban Center, staff believes that future
development consideration should be based on a development scenario of approximately 1, 520,
000 s. f. as assessed by ECONorthwest and Mirai,( referenced above.) Subsequent site
development applications for SEPA and Design Review will address specific impacts such as
traffic, airport (KCIA and FAA) requirements, and impacts on abutting property.
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As discussed earlier, the property will remain split between Tukwila and Seattle after the rezone.
Staff of Tukwila and Seattle will prepare an interlocal agreement that enumerates responsibilities
between the jurisdictions parties including, but not limited to, development review, permitting,
etc, subject to Tukwila City Council review and approval. Through the interlocal agreement,
Tukwila expects to take the lead for permitting development on the entire site, including the
portion located in Seattle. Having permitting responsibility will provide Tukwila a further level
of oversight and control in guiding future development.
CONCLUSIONS:
1) Consistency with Comprehensive Plan:
The rezone is consistent with the Comprehensive Plan policies to support industrial
redevelopment and ensure economic vitality.
2) Consistency with Zone:
The Light Industrial retains potential for light industrial use, allows a range of
commercial and office activity, and is compatible with Seattle zoning.
3) Chanced conditions:
Changed conditions including changes in taxes, and the relocation of the Associated
Grocers warrant a rezone from Manufacturing /Industrial Center -Heavy (MIC -H) to
Light Industrial (LI).
4) Benefit to community:
Additional design review regulations that are stricter than those in effect for the LI
zone will benefit the community.
Retaining maximum building heights similar to those that are allowed in the current
MIC -H zone through building height exceptions could permit greater flexibility and
efficiency in site design, but may result in buildings that are too large scale for the
site, and with greater than anticipated impacts on the MIC and TUC.
Preliminary impacts of development totaling approximately 1, 520, 000 s.f. as
assessed by ECONorthwest and Mirai provide some predictability, and can form the
basis of site development.
The rezone shall take into account the requirements of developing property adjacent
to King County International Airport, including building height, noise impacts and
landscaping.
An interlocal agreement between Tukwila and Seattle shall specify service,
permitting and other responsibilities to ensure comprehensive development on the
site.
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RF:ksn 11/28/2007 Page 5
SUMMARY OF ORDINANCE
No. 2185
City of Tukwila, Washington
On December 3, 2007, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2185, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REZONING CERTAIN REAL PROPERTY GENERALLY BOUNDED
BY EAST MARGINAL WAY SOUTH, SOUTH NORFOLK STREET, AIRPORT WAY
SOUTH AND BOEING ACCESS ROAD, FROM MANUFACTURING INDUSTRIAL
CENTER -HEAVY (MIC -H) TO LIGHT INDUSTRIAL (LI); SETTING CONDITIONS FOR
THE PROPERTY OWNER REGARDING THE REZONE; AMENDING THE CITY'S
OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Regular Meeting on December 3, 2007.
Published Seattle Times: December 6, 2007
g
e E. Cantu, CMC, City Clerk