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HomeMy WebLinkAboutPermit L09-067 - BECKER BARRY / MACADAM LLC DEVELOPMENT - REZONE / COMPREHENSIVE PLAN AMENDMENTMACADAM LLC DEVELOPMENT Barry Becker 4300 S 133 ' St L09 -067 • September 29, 2010 NOTICE OF DECISION TO: Barry Becker, Applicant & Owner King County Assessor, Accounting Division Washington State Department of Ecology All Parties of Record This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L09 -067, L10 -002 Applicant: Barry Becker (Macadam LLC) Type of Permit Applied for: Comprehensive Plan amendment, Rezone Comprehensive Land Use Plan Amendment Project Description: Comprehensive Land Use Plan Zoning Code Amendment Amend Comprehensive Plan and Zoning Map designation from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) (Tax# 2613200131) Location: 4300 S. 133rd St., Tukwila, WA Associated Files: E10 -013 SEPA determination Comprehensive Plan Designation/Zoning District: C/LI -- Commercial Light Industrial (Former) MDR — Medium Density Residential (New designation) II. DECISION SEPA Determination: The City SEPA Responsible Official has previously: H: \COMP PLAN 2009 - 2010 \Notice of Decision\MACADAM.LLC. - -NOD Type 5 permitdoc Type 5 Permit Decision by City Council rf Page 1 of 2 09/28/2010 determined that the project, as proposed, does not create a probable significant environmental impact and issued a Determination of Non - Significance (DNS). Decision on Substantive Permit: The City Council has determined, following an open record hearing, that the application for a rezone and Comprehensive Plan map change from Commercial Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA does comply with applicable City and state code requirements and has approved that application based on the findings and conclusions contained in the staff report, subject to any conditions which are set forth in the Decision. The Decision on this Application is a Type 5 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. III. YOUR APPEAL RIGHTS No administrative appeal of the City Council Decision is permitted. Any party wishing to challenge the City Council Decision must file an appeal in King County Superior Court pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the City Council decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. IV. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Rebecca Fox, who may be contacted at 206 - 431 -3683 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. Department of CoomuniL evelopment City of Tukwila H: \COMP PLAN 2009- 2010\Notice of Decision\MACADAM.LLC. - -NOD Type 5 permit.doc Type 5 Permit Decision by City Council rf Page 2 of 2 09/28/2010 City o Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Barry Becker 4446 S. 131St Pl. Tukwila, Wa 98168 September 29, 2010 Dear Mr. Becker: Enclosed are materials pertaining to the Comprehensive Plan amendment and rezone at your property located at 4300 S. 133r , Tukwila, WA. On September 21, 2010, the City Council approved your requested Comprehensive Plan amendment and rezone from C/LI to MDR. The rezone /Comprehensive Plan amendment were approved on the condition that all issues pertaining to the code violation on your property are resolved and the final inspection completed and signed off by the City by December 31, 2010. If you have not resolved all issues, and had the final inspection approved by 12/31/10, the rezone /Comprehensive Plan change will be voided, and the zoning will revert to C/LI automatically. The ordinances are attached, as well as the Notice of Decision, and a copy of the Notice of Decision for the Special Permission Director that lists the requirements that you must complete by 12/31/10. Please contact me at 206 - 431 -3683 or rfox @ci.tukwila.wa.us if you have any questions. Sincerely, Rebecca Fox Senior Planner Initials Page 1 of 3 H: \COMP PLAN 2009- 2010\Notice of Decision\Becker - -NOD letter 9.22.10.doc 09/28/2010 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 -431 -3670 • Fax: 206 - 431 -3665 • • Initials Page 2 of 3 09/28/2010 H: \COMP PLAN 2009 - 2010 \Notice of Decision\Becker- -NOD letter 9.22.10.doc City of Tukwila Washington Ordinance No. a 3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL/LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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, and these documents may be reviewed and updated as appropriate; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Code and Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Zoning Code and Map amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved subject to contract. The property located at 4300 S. 133rd Street, including Tax Parcel #2613200131 described in the attached Exhibit 2, and shown on the map as Exhibit 3, is hereby approved to be rezoned from W:\ Word Processing\ Ordinances \Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 1 of 2 • • Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following conditions, including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. 3. In the event the rezone is voided, the Comprehensive Plan Medium Density Residential rezone shall revert to Commercial /Light Industrial without further legislative action. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official zoning map to show this change in zoning. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five 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 CT» day of sop -i-V n IL€. -- , 2010. ATTEST/ AUTHENTICATED: /A4&■' / S: ' Ji Christy O'Fla erty, CMC, City lerk Filed with the City Clerk: 9- I S- /D BY: Passed by the City Council: g -/(7 Published: Effective Date: S' -0 Ordinance Number: ) Attachments: Exhibit 1- Findings and Conclusions, Planning Commission Staff Report (File #L10 -002), July 22, 2010 Exhibit 2 - Legal Description Exhibit 3 - Zoning Code Map W: \Word Processing \ Ordinances \ Comp Plan Amend Macadam - 2.doc RF:mrh 09 /14/2010 Page 2 of 2 • • EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File # L10 -002) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to re- designate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320 - 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single - family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill, and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial /Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement are not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the west of the property, W:\ Word Processing \Ordinances \Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 1 of 5 • • crosses over S. 133rd via a bridge. The 1.72 -acre site is vacant except for a wooden garage that is associated with the single - family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial /light industrial and residential uses. The majority of the subject property contains environmentally sensitive areas, including Southgate Creek, a Type 2 salmon - bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C /LI) zoning and uses, and Low Density Residential (LDR) zoning and single- family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single - family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue South. 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), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: • Plan Objective #1 —To improve and sustain residential neighborhood quality and livability; and • Goal 3.1 Continue to provide the City's fair share of regional housing; and • Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi - family households. 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 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ... "intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses..." W. \Word Processing\ Ordinances\ Comp Plan Amend Macadam - 2.doc RF:mrh 09 /14/2010 Page 2 of 5 • • Multi - family duplex, triplex, four -plex units, townhouses up to four attached units, or detached zero - lot -line units are permitted with heights up to 30 feet. One detached single- family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial /light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse, and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well suited to a carefully sited multi - family residential development, or Planned Residential Development (PRD). 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. In a broad sense, allowing additional, denser multi - family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well - designed multi - family residential development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety, and comfort through good design. , Site - specific development will be planned carefully to accommodate both site - specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. 2) Consistency with Zone: • The desired multi - family residential zoning permits a range of housing to be built, including duplex, tri -plex, four -plex, and townhouses. W: \Word Processing \Ordinances \Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 3 of 5 3) Changed conditions: • Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: • New housing development is in the community interest. • Residential development that is sensitive to the site's environmental characteristics benefits the community. W:\ Word Processing \Ordinances \Comp Plan Amend Macadam - 2.doc RF:mrh 09 /14/2010 Page 4 of 5 • • EXHIBIT 2 LEGAL DESCRIPTION That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W: \Word Processing \Ordinances \Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 5 of 5 LD L09 -067 Comprehensive Plan amendment -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) Zoning Lines EXHIBIT 3 N Macadam LLC • • SUMMARY OF Ordinance No. 2311 City of Tukwila, Washington On September 20, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2311, 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 LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL/LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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 thereof on September 20, 2010. Christy O'Flaherty,, CMC, City CI Published Seattle Times: September 23, 2010 • City of Tukwila Washington Ordinance No. ' 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Comprehensive Plan amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of the application to amend the Comprehensive Land Use Map designation, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be best served by approving the application to amend the Comprehensive Land Use Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. W. \Word Processing \ Ordinances \ Comp Plan Amend Macadam - 1.doc RF:mrh 09/14/2010 Page 1 of 2 • • Section 2. Re- designation Approved. The property located at 4300 S. 133rd Street, including_ Tax_ a el- #2613200131 and described in the attached Exhibit 2, is hereby approved - to=be re`=designated from Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following: A. All requirements of the following contract rezone must be met including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event that the above condition is not met by the deadline above, the Residential designation shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. B. In the event that the rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial /Light Industrial without further legislative action. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show this change in designation. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five 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 coil day of SOpTD,n r , 2010. ATTEST/ AUTHENTICATED: Iu..rA Christy Cr ' aherty, CMC, Ci Clerk APPROVED d M BY: Office of the City torn Ji gerton, Filed with the City Clerk: 9. -15- /0 Passed by the City Council: Published: t D Effective Date: - - /(7 Ordinance Number: D3)O Attachments: Exhibit 1- Findings and Conclusions, Planning Commission Staff Report (File #L09 -067 & L10 -003) Exhibit 2 - Legal Description Exhibit 3 - Comprehensive Plan Map W.\ Word Processing \Ordinances\ Comp Plan Amend Macadam - 1.doc RF:mrh 09 /14/2010 Page 2 of 2 • EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File # L09 -067 and L10 -003) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320- 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single - family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial /Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. Vicinity /Site Information Site: The property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the west of the property, crosses over S. 133rd via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single - family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an W \ Word Processing \Ordinances \2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09 /14/2010 Page 1 of 6 • • "island" surrounded by roadway on all sides, and- - separated from both nearby commercial /light industrial and residential uses. The majority of the subject property contains environmentally - sensitive areas, including Southgate Creek, a Type 2 salmon - bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C /LI) zoning and uses, and Low Density Residential (LDR) zoning and single - family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single - family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue South. COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The proposed Comprehensive Plan change from C/LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi - family housing to be built. Four broad - reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi - family homes, including owner - occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi - family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. Housing Goal 3.1: Continue to provide the City's fair share of regional housing. W \ Word Processing\ Ordinances\ 2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09 /14/2010 Page 2 of 6 • • MDR zoning would allow multi - family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single - and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi- family or single - family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family 'neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. This policy demonstrates the community's commitment to residential neighborhoods, including multi - family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial /light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial/Light Industrial on the east, and the Low Density Residential on the west. Goal 7.2 Noise Abatement — Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. 2) Impacts MDR would allow housing on the now -vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and.public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi - family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial/Light Industrial Zone. The proposed medium - density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial /light industrial designation, would bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single - family homes. W \Word Processing \Ordinances \2310 Comp Plan Amend Macadam - 1.doc RF:nrh 09 /14/2010 Page 3 of 6 • • 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C /LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C /LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job - producing business on the site. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? • Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential ", and to provide housing in a stable neighborhood. • The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. W \ Word Processing \Ordinances \2310 Comp Plan Amend Macadam - 1.doc RP:mrh 09/14/2010 Page 4 of 6 • • Impacts? • New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. • Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 2) Meeting identified public need? Other options? • Designating new Medium Density Residential provides the option of additional housing for the area. • Housing could be provided by designating the property as Low Density Residential (LDR) • Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue - producing development. 3) - Benefit to the community? • The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. • New development that enhances the site's environmental characteristics benefits the community. • The change to housing use, will remove the opportunity for a commercial/light industrial use. W \ Word Processing\ Ordinances\ 2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09/14/2010 Page 5 of 6 • • EXHIBIT 2 That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W \Word Processing \Ordinances \2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09 /21/2010 Page 6 of 6 Proposed CL /I to MDR L09 -067 Comprehensive Plan amendment -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone -- Commercial /Light Industrial (C/LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Zoning Lines EXHIBIT 3 Macadam LLC 1" =400' • • SUMMARY OF Ordinance No. 2310 City of Tukwila, Washington On September 20, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2310, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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 thereof on September 20, 2010. fr iat_.* AO /-) Christy O'Fla rty, C C, City C 'rk Published Seattle Times: September 23, 2010 May 10, 2010 NOTICE OF DECISION To: Barry Becker, Applicant and Owner Washington State Department of Ecology This letter serves as a notice of decision, and is issued pursuant to TMC 18.104 -170 on the following project and permit approval. Project File Number: Applicant: I. PROJECT INFORMATION L09 -014 Barry Becker Type of Permit Applied for: Special Permission from the Director to reduce the required buffer width for a Type 2 Wetland and Type 2 Watercourse. Project Description: The applicant is proposing to remove illegal fill from a Type 2 wetland and watercourse buffer, restore and enhance a Type 2 wetland , restore and enhance a Type 2 wetland buffer, and restore and enhance a Type 2 watercourse buffer through removal of invasive species, plantings, mulching and addition of topsoil. The wetland and watercourse and their associated buffers occupy the eastern 75% of the subject property. Location: 4300 S. 133`d Street, Tukwila, WA 98168 (Parcel # 261320 -0131) per King County Assessor (or 4446 S. 131st. Place, Tukwila, WA 98188) Associated Files: RFA 08- 342 —Code Violation; L10- 002 — Rezone; L09- 067 — Comprehensive Plan Amendment; PW 10 -055 – Public Works (Applied for —Not yet issued as of 5/5/10) Comprehensive Plan Designation: Commercial/Light Industrial (C/LI) II. DECISION SEPA Determination: SEPA review is not required since the project is categorically exempt. Decision on Substantive Permit: The Community Development Director has determined that the application for Special Permission to reduce the buffer area of a Type 2 Wetland and Type 2 Stream complies with applicable City and state code requirements and has approved that application, subject to the following conditions: 1. Soil amendments. Prior to issuance of public works construction permit the Biologist shall provide a plan for the City's approval prior to planting, for soil amendments that may be needed for the buffer restoration. The plan shall include a description of how it will be determined that the amendments are necessary, the specifications for the amendments, and the volume. Amendments shall be tilled into underlying soils to a depth of at least 18 inches, except where tree roots would be harmed by tilling. 2. Grass mix. Prior to issuance of public works construction permitthe Biologist shall provide more detail about the native grasses to be planted in the potential future rain garden areas. Is this a seed mix or are plugs being proposed? Detail on species and seeding rate must be provided to the City for approval prior to planting. 3. Performance standard for shrub species: The performance standard for shrub species diversity shall be increased to 7 species. Rf 1 09/28/2010 H:\Becker -- Sp.Perm.BFFr - -L09- 014\.09- 014 -- Becker NOD.doc • • 4. As -built drawing: An as -built drawing shall be provided-To-Ire-City upon completion of planting and shall include locations of the transects for monitoring. Transects must include both wetland and buffer planting areas. Monitoring reporting shall be provided separately for buffer areas and wetland areas. If the Biologist prefers to propose separate performance standards for these areas, a proposal may be submitted to the City for approval. 5. Maintenance a. Prior to the acceptance of plantings, the applicant shall provide a more detailed maintenance plan indicating: 1) how the work will be done, 2) who will do it; 3) costs for implementation and 4) a detailed plan for watering during the dry season (frequency, amount, method). b. Maintenance shall include mowing of Reed Canarygrass until plants are well established. c. The "voluntary" planting for the wetland enhancement area shall be included in the maintenance and monitoring program since vegetation (blackberry) was previously removed from the wetland/stream buffer areas without an approved re- planting plan, 6. Inspection prior to planting: The applicant or biologist shall request an inspection by contacting DCD 2 weeks prior to planting for inspection of the site preparation and the layout of plants. 7. Schedule: The applicant shall adhere to the schedule laid out in the Wetland and Buffer Mitigation Plan (April 2, 2010). a. Phase 1 (Removal of unauthorized fill) and Phase 2 (Amend soil in buffer areas as needed) shall occur prior to June 30, 2010. b. Phases 3 (Planting for wetland enhancement areas) and Phase 4 (Planting for wetland restoration area) shall occur prior to August 31, 2010. c. Phase 5 (Planting for buffer restoration area) shall occur prior to December 31, 2010. 8. Financial Assurance Mechanism: A financial assurance mechanism approved by the City, shall be provided by the applicant. The amount of the bond or cash assignment shall be 150% of the cost all maintenance and monitoring activity for five years subsequent to planting. The cost estimate for maintenance and monitoring shall be subject to approval by the city. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code § 18.104.010. Other land use applications related to this project may still be pending. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Planning Commission decision. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision, which is by April 7, 2008. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: Rf 2 09/28/2010 H:\Becker-- Sp.Perm.BFFr - -L09- 014\.09 -014 -- Becker NOD.doc • • 1. The name ditle —appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Planning Commission based on the testimony and documentary evidence presented at the open record hearing. The Planning Commission decision on the appeal is the City's final decision. Any party wishing to challenge the Planning Commission decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal of the Planning Commission decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from. Monday through Friday between 8:30 a.m. and 4:30 p.m. The project planner is Chris Beale, who may be contacted at 206 -433 -7141, for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office-for further information regarding property tax valuation changes. Department of Community Development City of Tukwila Rf 3 09/28/2010 H:\ Becker-- Sp.Perm.BFFr-- L09- 014\L09 -014 -- Becker NOD.doc City of Tukwila Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl HEREBY DECLARE THAT: XNotice of Decision Project Name: Barry Becker (Macadam LLC) Determination of Non - Significance Project Number: L09 -067, L10 -002 Notice of Public Meeting Mailing requested by: Rebecca Fox Mitigated Determination of Non- Significance r / Mailer's signature: / Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ — FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed /attached on this 30 day of _September in the year 2010 AGENCY DEPT ADDRESS CITY ST OLYMP WA DEPT OF ECOLOGY SEPA REVIEW PO BOX 47703 IA WA KC ASSESSOR'S 500 4th AVE, RM# SEATT OFFICE ACCOUNTING DIVISION 7O9A LE WA Barry Becker 4446 S 131 Place Project Name: Barry Becker (Macadam LLC) Project Number: L09 -067, L10 -002 Mailing requested by: Rebecca Fox r / Mailer's signature: / _ (feLe/lt–XI- W: \USERS \TERI\AFFIDAVIT OF DISTRIBUTION.DOC AGENCY LABELS ( —.) -US Corps of Engineers ( ) Federal HWY Admin ( ) Federal Transit Admin, Region 10 ( ) Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ( ) US Environmental Protection Agency (E.P.A.) ( ) US Dept of HUD ( ) National Marine Fisheries Service Section 2 WASHINGTON STATE AGENCIES ( ) Office of Archaeology ( ) Transportation Department (WSDOT NW) ( ) Dept of Natural Resources ( ) Office of the Governor ( ) WA State Community Development ( ) WA Fisheries & Wildlife ( ) Dept of Social & Health Services \( ) Dept of Ecology NW Regional Office, Shoreland Division •Dept of Ecology, SEPA Office of Attorney General ( ) Office of Hearing Examiner ( ) KC Boundary Review Board ( ) Fire District # 11 ( ) Fire District # 2 ( ) KC Wastewater Treatment Div ( ) KC Dept of Parks & Recreation "wer KC Assessor's Office Section 3 KING COUNTY AGENCIES ( ) Health Department ( ) Port of Seattle ( ) KC Dev & Enviro Services -SEPA Info Center ( ) KC Metro Transit Div -SEPA Official, Environmental Planning ( ) KC Dept of Natural Resources ( ) KC Dept of Natural Resources, Andy Levesque ( ) Tukwila School District ( ) Tukwila Library ( ) Renton Library ( ) Kent Library ( ) Seattle Library Section 4 SCHOOLS /LIBRARIES ( ) Foster Library ( ) KC Public Library System ( ) Highline School District ( ) Seattle School District ( ) Renton School District ( ) Westfield Mall Library ( ) QWEST Communications ( ) Seattle City Light ( ) Puget Sound Energy ( ) Highline Water District ( ) Seattle Planning &Dev/Water Dept ( ) Comcast Section 5 UTILITIES ( ) BP Olympic Pipeline ( ) Val -Vue Sewer District ( ) Water District # 20 ( ) Water District # 125 ( ) City of Renton Public Works ( ) Bryn Mawr - Lakeridge Sewer/Water Dist ( ) Seattle Public Utilities ( ) Allied Waste Services ( ) Tukwila City Departments ( ) Fire ( ) Finance ( ) Building ( ) Mayor ( ) Public Works ( ) Police ( ) Planning ( ) Parks & Rec ( ) City Clerk Section 6 CITY AGENCIES ( ) Kent Planning Dept ( ) Renton Planning Dept ( ) City of SeaTac ( ) City of Burien ( ) City of Seattle ( ) Strategic Planning *Notice of all Seattle Related Projects ( ) Puget Sound Regional Council ( ) SW KC Chamber of Commerce ( ) Muckleshoot Indian Tribe * ( ) Cultural Resources ( ) Fisheries Program ( ) Wildlife Program ( ) Duwamish Indian Tribe * Section 7 OTHER LOCAL AGENCIES ( ) Puget Sound Clean Air Agency ( ) Sound Transit/SEPA ( ) Duwamish River Clean Up Coalition * ( ) Washington Environmental Council ( ) People for Puget Sound * ( ) Futurewise * send notice of all applications on Green /Duwamish River ( ) Seattle Times ( ) South County Journal Section 8 MEDIA ( ) Highline Times ( ) City of Tukwila Website P:Admin \Admin Forms \Agency Checklist 110 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director November 22, 2010 Mr. Barry Becker 4416 S. 131st Place Tukwila, WA 98168 Re: 4300 S. 133rd Street RFA08 -342 and L09 -014, Sensitive Areas Special Permission Dear Mr. Becker, The City conducted an inspection on November 17, 2010 of the wetland and stream buffer restoration and enhancement work at the address referenced above and found the implementation of the Mitigation Plan (dated April 14, 2009) to be acceptable, pending receipt of the following: 1) Wetland biologist's "as- built" plan of the monitoring transects; 2) List of plants installed at the site; 3) Verification of the removal of the silt fence; and 4) Financial assurance mechanism (cash assignment or bond) in the amount of 150% of the cost of all maintenance and monitoring activity for five years. Please provide a cost estimate for maintenance and monitoring to the City for approval. The five -year maintenance and monitoring period for this mitigation area begins as soon as the City receives the above information and the financial assurance. You are reminded that you are responsible for installing some type of irrigation system to ensure plants get sufficient water during dry periods for 2 to three seasons, until they are established. The project must meet all performance standards as listed in the approved Mitigation Plan. The performance standard for invasive vegetation must be met in the entire project site, and not just in the monitoring transects. The contingency plan must be implemented when necessary. Initials Page 1 of 2 C: \Temp \GWViewer\Barry Becker letter wetland mitigation plan implementation.doc 11/29/2010 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 -431 -3670 • Fax: 206 -431 -3665 The approved mitigation plan the minimum monitoring and maintenance requirements are as follows: The violations noted in the January 29, 2009 Notice and Order have been resolved by the restoration and mitigation work completed under L09 -014. A copy of this letter may be filed with the King County Records Office as proof of compliance. Contact the Recorders office for requirements and associated fees. Feel free to contact me (206- 431 -3663; swhiting @ci.tukwila.wa.us) or Rebecca Fox (206 -431- 3683; rfox @ci.tukwila.wa.us) if you have any questions. Sincerely, Sandra Whiting City of Tukwila Urban Environmentalist Cc. Rebecca Fox Kathy Stetson SW Page 2 of 2 11/29/2010 H:Sandra\Land use permit memos and Ietters\Bazry Becker wetland buffer Activity Reporting Year 1 Maintenance (includes weed control, replacement of dead plants, repair of fencing or signage, additional mulching to control any erosion or weeds, etc.) Between Jan. 1 and March 1 Between April 1 and June 1 Between July 1 and September 30 Between October 15 and December 30 Email notification within 2 weeks Monitoring Between July 1 and September 31 Due October 30, 2011 Years 2, 3, 4, 5 Maintenance (includes weed control, replacement of dead plants, repair of fencing or signage, additional mulching to control any erosion or weeds, etc.) Between April 1 and June 1 Between July 1 and September 30 Email notification within 2 weeks Monitoring Between July 1 and September 31 Due October 30 of each year The violations noted in the January 29, 2009 Notice and Order have been resolved by the restoration and mitigation work completed under L09 -014. A copy of this letter may be filed with the King County Records Office as proof of compliance. Contact the Recorders office for requirements and associated fees. Feel free to contact me (206- 431 -3663; swhiting @ci.tukwila.wa.us) or Rebecca Fox (206 -431- 3683; rfox @ci.tukwila.wa.us) if you have any questions. Sincerely, Sandra Whiting City of Tukwila Urban Environmentalist Cc. Rebecca Fox Kathy Stetson SW Page 2 of 2 11/29/2010 H:Sandra\Land use permit memos and Ietters\Bazry Becker wetland buffer STATE OF WASHINGTON . DEPARTMFNT OF COMMERCE i28 - i0` Avemre SW • PO Box 42525 • Olympia, Washington 98504-2525 • (360)725-4000 September 29, 2010 Rebecca Fox Senior Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Ms. Fox: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Adopted Ordinances 2308, 2309, 2310, 2311, and 2312. These materials were received on September 21, 2010 and processed with the Material ID # 16144. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please call me at 360.725.3056. Sincerely, ,etnda wait i Ike Nwankwo Technical & Financial Assistance Manager Growth Management Services a 0 Monday, .,.. ila City Coung# Agenda TIN w :ILA. rrs L , p ift?° aggerton, Mayor Councilmembers: ❖ Joe Duffle •+ Joan Hernandez Lancaster, City Administrator ❖ Allan Ekberg 4• Verna Seal Robertson, Council President ❖ Kathy Hougardy ❖ De'Sean Quinn 1906 Steve Dennis September 20, 2010; 7:00 PM ® Ord #2307 • Res #1724 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATIONS a. - Award of Recognition for Tukwila Walk'and Roll Plan - Richard Hart,,,,,,: : City of Covington, on behalf of the Planning Association of Washington b. Employee Recognition Awards - Steve Lancaster, City Administrator c. Introduction of Brent Frank, Entry Level Police Officer - David Haynes, Police Chief d. Presentation of Proposed Budget Format - Shawn Hunstock, Finance Director 3. PROCLAMATION A proclamation declaring September 25, 2010 as "Mayor's Day of Pg.1 Concern for the Hungry." 4. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT AGENDA a. Approval of Minutes: 9/7/10 (Regular Mtg.) b. Approval of Vouchers. 6. UNFINISHED BUSINESS ' ;I, ! a. A resolution relating to the preservation, protection and use of the former Pg.3 Tukwila Grade School/Tukwila City Hall building for heritage and culture to provide community service, strengthen City tourism and foster civic pride. b. Authorize the Mayor to sign the real estate purchase and sale agreement Pg.15 with the King County Flood Control Zone District and Lily Pointe Investments, LLC for the interest portion of easement acquisition, in an amount not to exceed $75,000.00. c ;'.':An ordinance renewing a moratorium on the filing of applications for Pg.17 development permits for Todd or drink establishments conducting social card game gambling activities. d Comprehensive Plan amendments: Pg•21 (1) An ordinance amending the Comprehensive Land Use Map for property Pg.23 located at 3914 South 115th Street from Low Density Residential (LDR) to Office (0) and adjacent tax parcel #1023049072 from Manufacturing Industrial Center /Light (MIC /L) to Office (0). (2) An ordinance rezoning certain real property located at 3914 South Pg.33 115th Street from Low Density Residential (LDR) to Office (0) and adjacent tax parcel #1023049072 from Manufacturing Industrial Center /Light (MIC /L) to Office (0). Offi / N mce AT-- � c' 1 Gn (continued...) REGULAR MEETING Monday, September 20, 2010 Page 2 6. UNFINISHED BUSINESS (continued) Comprehensive Plan amendments (continued) (3) An ordinance amending the Comprehensive Land Use Map for certain real property located at 4300 South 133rd Street from Commercial Light Industrial (CLI) to Medium Density. Residential (MDR). (4) An ordinance rezoning certain real property located at 4300 South 133rd Street from Commercial Light Industrial (CLI) to Medium Density Residential (MDR). (5) An ordinance establishing zoning that is consistent with existing Comprehensive Plan designations for 259 acres of real property referred to as the Tukwila South annexation area. e. A resolution authorizing the cancellation of outstanding General Fund claims and payroll checks, Municipal Court checks, and Foster Golf gift cards. f. Discussion of Community Events. Pg.43 Pg.51 Pg.59 Pg.81 Pg.89 7. NEW BUSINESS . . 8. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433- 1800/TDD 206 - 248 - 2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. CPUNCIL A GEND• SiW0P5IS Initials Meetin_ Date Prepared p Mp or's review otrAm.:a IIIITPANZI17112 *Council review il 09/13/10 09/20/10 RF RE ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ►1 Public Hearing ❑ Other Mtg Date FORMATION ITEM No. CAS NUMBER: 1 0 -1 00 'ORIGINAL AGENDA DATE: SEPTEMBER 13, Luly AGENDA ITEM TITLE Annual Comprehensive Plan /Zoning amendments for 2010 -- Public Hearing 9 /13/10 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ►1 Public Hearing ❑ Other Mtg Date I 1 Ordinance CATEGORY ►L Discussion Mtg Date 9 /20/10 Mtg Date Mtg Date SP( )NSOR ❑ Council ❑ Mayor ❑ Adm Svcs ❑ Finance ❑ Fire ❑ Legal ❑ P&R ❑ Police ❑ Pl" ►1 DCD SPONSOR'S Tukwila considers amending its Comprehensive Plan /Zoning map once per year, with a SUMMARY review process involving the City Council and Planning Commission, including opportunities for public comment at each step. A public hearing is scheduled on September 13, 2010 to receive comments on three recommendations from the Planning Commission. Following the hearing, the City Council will take final action on 9/20/10 on whether to approve, modify or deny the applications for 2010. REVIEWED BY ❑ COW Mtg. ❑ Utilities DATE: 08/23/10 ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. r CA &P Cmte Cmte ❑ Arts Comm. RECOMMENDATIONS: SPONSOR COMMITTEE /ADMIN. Department of Community Development Forward to Committee of the Whole for hearing • COT`IMPACT'1 °FUND SOURCE: EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Cotnrnents: MTG. DATE ,. ,: CORD. OF.CO.UN,CIL ACTION,.; 09/13/10 Forward to next Regular Meeting, with 2 additional ordinances MTG. DATE ATTACHMENTS . 09/13/10 Informational memorandum dated 8/16/10, with attachments /draft ordinances Minutes from the Community Affairs and Parks Committee meeting of 8/23/10 09/20/10 Ordinances in final form 21 \ • City of Tukwila Washington Ordinance No. D. i 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Comprehensive Plan amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of the application to amend the Comprehensive Land Use Map designation, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be best served by approving the application to amend the Comprehensive Land Use Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. W. Word Processing \ Ordinances \ Comp Plan Amend Macadam - 1.doc RF:mrh 09 /14/2010 Page 1 of 2 • • Section 2. Re- designation Approved. The property located at 4300 S. 133rd Street, including Tax Parcel #2613200131 and described in the attached Exhibit 2, is hereby approved to be re- designated from Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following: A. All requirements of the following contract rezone must be met including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event that the above condition is not met by the deadline above, the Residential designation shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. B. In the event that the rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial /Light Industrial without further legislative action. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show this change in designation. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five 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 aOW day of SOpTTOf4 shit/ , 2010. ATTEST/ AUTHENTICATED: Christy 0' ' aherty, CMC, Ci Clerk APPROVED d =..[M BY: Office of the City Ji Filed with the City Clerk: 9. -13- /0 Passed by the City Council: Gi Published: Effective Date: Ordinance Number: D.:iJO Attachments: Exhibit 1 Findings and Conclusions, Planning Commission Staff Report (File #L09 -067 & L10 -003) Exhibit 2 - Legal Description Exhibit 3 - Comprehensive Plan Map W. \Word Processing \Ordinances \Comp Plan Amend Macadam - 1.doc RF:mrh 09 /14/2010 Page 2 of 2 EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File # L09 -067 and L10 -003) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320- 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single - family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial /Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. Vicinity /Site Information Site: The property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132 "d Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the west of the property, crosses over S. 133rd via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single- family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an W. \Word Processing \Ordinances \2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09 /14/2010 Page 1 of 6 • • "island" surrounded by roadway on all sides, and separated from both nearby commercial /light industrial and residential uses. The majority of the subject property contains environmentally - sensitive areas, including Southgate Creek, a Type 2 salmon - bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial /Light Industrial (C /LI) zoning and uses, and Low Density Residential (LDR) zoning and single - family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single - family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40`h Avenue South. COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The proposed Comprehensive Plan change from C/LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi - family housing to be built. Four broad - reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi - family homes, including owner - occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi - family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. Housing Goal 3.1: Continue to provide the City's fair share of regional housing. W \Word Processing\ Ordinances\ 2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09 /14/2010 Page 2 of 6 • • MDR zoning would allow multi - family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single - and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi - family or single - family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. This policy demonstrates the community's commitment to residential neighborhoods, including multi- family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial /light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial/Light Industrial on the east, and the Low Density Residential on the west. Goal 7.2 Noise Abatement — Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. 2) Impacts MDR would allow housing on the now -vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi - family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial/Light Industrial Zone. The proposed medium - density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial /light industrial designation, would bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single- family homes. W \ Word Processing \Ordinances \2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09 /14/2010 Page 3 of 6 • • 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C /LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C /LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job - producing business on the site. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? • Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential ", and to provide housing in a stable neighborhood. • The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. W \ Word Processing \Ordinances \2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09/14/2010 Page 4 of 6 Impacts? • New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. • Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 2) Meeting identified public need? Other options? • Designating new Medium Density Residential provides the option of additional housing for the area. • Housing could be provided by designating the property as Low Density Residential (LDR) • Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue - producing development. 3) Benefit to the community? • The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. • New development that enhances the site's environmental characteristics benefits the community. • The change to housing use, will remove the opportunity for a commercial /light industrial use. W \ Word Processing \Ordinances \2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09/14/2010 Page 5 of 6 • • EXHIBIT 2 That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W \Word Processing \Ordinances \2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09 /21/2010 Page 6 of 6 • Proposed CL /I to MDR V l k i ( � • g LDR LDR L09 -067 Comprehensive Plan amendment -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone -- Commercial /Light Industrial (C/LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Zoning Lines EXHIBIT 3 ft Macadam LLC • • SUMMARY OF Ordinance No. 2310 City of Tukwila, Washington On September 20, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2310, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133`d STREET, TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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 thereof on September 20, 2010. Christy O'Fla =rty, C Published Seattle Times: September 23, 2010 fr C, City C 'rk IQ - 0 y , 0 Tu ila City Council Agenda • 001LA, » 29°B • Jim Haggerton, Mayor Councilmembers: ❖ Joe Duffle • Joan Hernandez Steve Lancaster, City Administrator ❖ Allan Ekberg • Verna Seal Dennis Robertson, Council President •:• Kathy Hougardy ❖ De'Sean Quinn Monday, • EXECUTIVE SESSION — 6 :00 PM ❖ Personnel Matter — Pursuant to RCW 42.30.110(1)(g) (60 minutes) • September 13, 2010, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At this time, you-are invited to comment on items not included on this agenda on an (please limit your comments to five minutes per citizen), To comment item listed on this agenda, please save your comments until the issue is presented for discussion. 3. PUBLIC HEARINGS a. An ordinance renewing a moratorium on the filing of applications for Pg.1 development permits for food or drink establishments conducting social card game gambling activities. b. 2010 Comprehensive Plan amendments. P9.9 4. SPECIAL ISSUES a. An ordinance renewing a moratorium on the filing of applications for Pg.1 development permits for food or drink establishments conducting social card game gambling activities. b. 2010 Comprehensive Plan amendments. Pg.9 c. A resolution relating to the preservation, protection and use of the former Pg.151 Tukwila grade school /Tukwila City Hall building for heritage and culture. d. Tukwila 205 Levee Repair, Lily Pointe, easement interest payment. Pg.161 e. A resolution ordering the cancellation of unclaimed property. Pg.191 f. Budget: Parks & Recreation program reductions. Pg.203 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 - 1800 /TDD 206 - 248 - 2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. AUNCH, AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's resiew r\Councilreview7-_7 09/13/10 RF Hearing 09/20/10 RF Motion Mt s Date Resolution Mtg Date ' Ordinance n Bid Award Mtg Date ,,, Public Hearing Other Mtg Date Mtg Date Mtg Date 9/20/10 ITEM No. CAS NUMBER: 1 0 — 1 00 ORIGINAL AGENDA DATE: SEPTEMBER 13, 2010 AGENDA ITEM TITLE Annual Comprehensive Plan/Zoning amendments for 2010--Public Hearing CA'1'1GORY 1 Discussion 9/13/10 Motion Mt s Date Resolution Mtg Date ' Ordinance n Bid Award Mtg Date ,,, Public Hearing Other Mtg Date Mtg Date Mtg Date 9/20/10 Mtg Date SP()NSOR LI Council Mayor LI Adm Svcs U Finance Fire Legal P&R Police PW/ FI DCD SP ONSoies Tukwila considers amending its Comprehensive Plan/Zoning map once per year, with a SUMMARY • review process involving the City Council and Planning Commission, including opportunities for public comment at each step. A public hearing is scheduled on September 13, 2010 to receive comments on three recommendations from the Planning -Commission. Following the hearing, the City Council will take final action on 9/20/10 on whether to approve, modify or deny the applications for 2010. RI WIEWED BY . COW Mtg. Li Utilities DATE: 08/23/10 ■ CA&P Cmte fl F&S Cmte Transportation Cmte Parks Comm. Planning Comm.. Cmte Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE . Department of Community Development Forward to Committee of the Whole for hearing ,1::,.„,...„,./i ..,.,._ ,. $...,,, ,.,,..g:.. EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments.. MTG. DATE . , ... RECORD ', F.00UNC L' TIORI. , -'...- ...,, ;;. 09/13/10 . MTG. DATE ,. . • .• . • • •., , ,. , •. .. •,.. ...- •. ..:::.:. ' . :..:. ".,:.,i ' .-ATTACHMENTS. .. '.....‘: ...:...,::,...:,.:. :.. ' H'.:,:,..• - ,4. - 09/13/10 Informational memorandum dated 8/16/10, with attachments/draft ordinances Minutes from the Community Affairs and Parks Committee meeting of 8/23/10 9 TO: • City of Tukwila Jim Haggerton, Iiilayor Department of Community Development Jack Pace, Director INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace DATE: August 16, 2010 SUBJECT: 2010 Comprehensive Plan Amendments and Rezones ISSUE The Washington Growth Management Act allows a jurisdiction's Comprehensive Plan to be amended once each year, except in case of emergency. This memo provides, information on the Planning Commission's recommendations for two Comprehensive Plan amendments and three rezones under review this year. It requests that the amendments are forwarded to the City Council for a briefing, public hearing and action. BACKGROUND Process to date: The City Council took comments from the public at a public meeting on June 28, 2010 and took action on July 6, 2010 to forward the Comprehensive Plan amendments to the Planning Commission for staff review, public hearing and recommendation. After holding a hearing on July 22, 2010, the Planning Commission made recommendations, and is forwarding the issues back the City "Council for a last public hearing and final action. After taking comments from the public at a hearing, the Council may: ® Adopt a proposed amendment by ordinance; • Adopt a modified version of a proposed amendment by ordinance; or ® Reject the amendment. Consideration of a site - specific map amendment is a quasi-judicial decision. Consideration of an area -wide zoning map change is a legislative decision. At each stage in the review process, staff has tried to encourage public involvement. Public meetings and hearings were advertised in the newspaper, and put on the City's website. Individual sites were posted with notices of applications and meetings. Staff met statutory notification requirements in providing mailings to owners and occupants within 500' of the proposed map and zoning changes. rf Page 1 of 7 08/18/2010 1 1 0 ,' IN • Organization of Informational Materials Exhibits 1 -6 provide basic information to accompany the informational memo. Attachments 1 -3 include complete planning Commission staff reports, and draft ordinances that reflect the Planning Commission recommendations for each of the Comprehensive Plan amendment/Zoning code amendment requests respectively. DISCUSSION 1. Wooden LLC -- Amend Comprehensive Plan /Zoning Map on two parcels, including: 1) Manufacturing Industrial Center/Light to Office; and, 2) Low Density Residential (LDR) to Office • File #L09- 064 — Comprehensive Plan Amendment • File #L09- 065 -- Rezone The applicant, Wooden LLC, requested to redesignate two parcels, including: 1) Manufacturing Industrial Center —Light (MIC /L) to Office (0) at 3912 S. 115th; and, 2) Low Density Residential (LDR) to Office at 3914 S. 115th. The parcels are located generally at the southeast corner of the Duwamish Riverbend Hill park property. The parcel that is currently zoned LDR is vacant. The parcel zoned MIC /L is now used as a construction storage yard. The applicant offered to donate a third, small parcel across S. 116th on the river. This is not part of the Comprehensive Plan amendment/rezone consideration. (Exhibit 1, pp 1 &2) (Exhibits 2 & 3) The applicant requested Office designation in order to construct an office or similar development on two parcels. Applicant's reasons for the rezone request were: a) The site is more developable if combined with the adjacent lot; b) Uses that are allowed in the proposed Office zone, such as office or gallery, would provide a transition with fewer impacts to the residential neighborhood than uses, such as manufacturing and auto repair,that could be built under the current the MIC/L zoning; c) It is more economical to build a three story building and the maximum building height in the proposed Office zone is 35'/3 stories, compared with the existing 45'/4 stories in the MIC /L lot, and 30'in the LDR lot. There were concerns raised at the public hearing related to parking and access. Future development would be required to provide parking on site, and access would be limited via S. 115th, rather than through the adjacent residential neighborhood. (Attachment 1) Planning Commission Recommendation -- Comprehensive Plan (File # L09 -064) • The Planning Commission voted to deny the request to redesignate two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) Planning Commission Recommendation -- Rezone (File# L09 -065) • The Planning Commission voted to deny the request to rezone two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) rf 12 nQii Qilni 2. Macadam LLC— Redesignate parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) ® File #L09 -067— Comprehensive Plan ® File #L10- 002 — Rezone The applicant, Barry Becker, is requesting to redesignate one parcel from Commercial/Light Industrial to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320 - 0131). The majority of the vacant property contains environmentally - sensitive areas, including a Type 2 stream, a Type 2 wetland, and their associated buffer areas. It also includes a steep slope with moderate potential for geologic instability. (Attachment 2 A) The property in question is immediately adjacent to a lot that is designated LDR, and that contains a single - family residence. The subject property is vacant except for a garage that serves the single- family home on the adjoining lot. The redesignation is sought in order to allow housing, rather than commercial /light industrial uses to be built adjacent to a Low Density Residential zone. Given the many environmentally - sensitive areas on the site, housing is considered to be a more appropriate use than commercial or light industrial activities. Medium - density residential would provide a better transition to the adjacent low density residential area, than the current commercial and light industrial uses that could be built under the current zoning. Medium Density residential allows up to 14.5 units per acre. In light of the site's streams, wetlands and slopes, it is likely that a maximum of five units could be built on the property, either as town homes or duplex, triplex or four -plex. If desired, a planned residential development could be built on the site in order to encourage imaginative site design by clustering homes, and to create open space in the future development that keeps features of the natural environment for the enjoyment of future residents. The property is the site of an ongoing code violation for removing vegetation and placing illegal fill in the stream buffer, and wetland buffer. The applicant applied for and has received a 50% buffer reduction that allows him to perform the required work on the site to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation, increase developable space on the site, and improve the wetland buffer. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as.a condition of the buffer reduction decision, and to proceed with consideration of the Comprehensive Plan amendment and rezone. Future multi - family development would be subject to design review, traffic impact and noise review. Planning Commission Recommendation -- Comprehensive Plan (File # L09 -067) ® The Planning Commission voted to approve the request to redesignate a parcel from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) shall be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. rf 3 08/18/2010 13 • • 2) In the event that the-ie26ne is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial/Light Industrial without further legislative action. A draft ordinance adopting the Comprehensive Plan map change per the Planning Commission's recommendation is included as Attachment 2 B Planning Commission Recommendation -- Rezone (File# L10 -002) 0 The Planning Commission voted to approve the request to rezone the parcel from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) as a contract rezone with the following conditions: 1. All requirements of the following contract rezone must be met including: All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. c. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 2 C. Tukwila South Annexation — Establish Zoning for Recently- Annexed Area ® File #L10- 035— Zoning Issue: Annexing portions of the Tukwila South Project Area inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. The recommended zoning change corrects the issue. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as described in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use map and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are required to be consistent. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will also specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, a supplemental, "overlay" zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic ( "underlying ") zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. (Attachment 3 A) 14 rf 4 08/18/2010 When the southernmost part of the Tukwila South Project Area was annexed to Tukwila, the Tukwila South Overlay zone became the applicable zoning for the annexed area. However while the Tukwila South Overlay supplements zoning under certain circumstances, it does not replace the underlying zoning. When the Tukwila South Project Area was annexed, the Comprehensive Plan designation was already in place, but identical zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had Comprehensive Plan designation and zoning, but the new annexation area had only Comprehensive Plan designation, and no underlying zoning. In addition, the new annexation area could be left without zoning in the event that the Tukwila South Development Agreement terminates before its term. The proposed amendment to the zoning map corrects the problem, by establishing zoning in the area that was annexed without underlying zoning, and making the new zoning consistent with Comprehensive Plan designations that were in place before the annexation occurred. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are the same, including: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). Planning Commission Recommendation: -- Rezone (File #L10 -034) 6 Establish "underlying" zoning that is the same, as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 3 B. RECOMMENDATION The City Council is being asked to hold a public hearing on these items at the September 13, 2010 Committee of the Whole meeting, and to take action at the subsequent September 20, 2010 Regular Meeting. ATTACHMENTS Exhibits: 1.Planning Commission Minutes (draft) 7/22/10 2.Zoning Map — Wooden LLC 3.Aerial Map— Wooden LLC 4.Zoning Map— Macadam LLC 5.Aerial Map — Macadam LLC 6.Zoning Map — Tukwila South Annexation Area Attachments: 1. #L09- 064and #L09- 065— Manufacturing Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) a. Planning Commission Staff Report (7/22/10) 15 • • #L09 -067 and #L10- 002 — Macadam LLC— Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance— Comprehensive Plan c. Draft Ordinance — Zoning 3. #L10- 035— Establish Zoning in Tukwila South Annexation Area a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance -- Zoning 16 • • PLANNING COMMISSION (PC) PUBLIC HEARING MINZTI.'ES JULY 22, 2010 Exhibit 1 The public hearing was called to order by Chair Arthur at 6:30 PM. Present: Chair, Bill Arthur; Vice - Chair, Margaret Bratcher; Commissioners, George Malina, Lynn Peterson, Brooke Alford, Thomas McLeod, and Louise Strander Representing City Staff: Minnie Dhaliwal, Rebecca Fox, and Wynetta Bivens Chair Arthur noted that there was no one in the audience to testify aird that s` Ew.as not present to give the presentation. COMMISSIONER MALINA MADE A MOTION TO AAOPT THE PUBLIC H -7c - G MINUTES FROM JUNE 24, 2010. COMMISSIONERBRATCHER SECONDED T:OTION. THE MOTION WAS UNANIMOUSLY APPROVE—' Staff noted that the public hearing notice that was mailed out'hs ted;a.;past meeting start time o0:00 PM instead of 6:30 PM Staff also noted that the applicants were expVdre at 7:00 PM, and requested that Case Number L10 -034 be heard first on th'.agenda. Chair Arthur recused himself from hearing' a' s� i " Tr3ber L10 -034, at 61405PM because he is employed by the developer of the Tukwila South annexation area.. ,oYect. Chair Pro -Tem Bratcher opened the public hearing fo ase FILE NUMBER: APPLICANT: REQUEST: LOCATION: —L-1 0=0 . City of Tla FiEstablish''ozk ng consistent willComprehensive Plan designations in the „ukwila South annexation area kiplaxirnatelR 2 :acres, genedify located between: South 188th Street on the nortliuth 204t''tzeet;.p:,tlae south; Orillia Road and Interstate 5 on the west; and thEErreen River on the�east. u kkber; 0 -034. .obecca Fox, Senior Mum, Departnhent of Community Development, gave the presentation for staff. Sta s:Recommendation ` ;) �:tablish "untfi riying" zoning that is the same as the Comprehensive Plan designati ons within the Tulciv iFa South,Master Plan area that was annexed to the City of Tukwila per Ordinari #.2241. There was no pl is testimo ; Staff apologized to `ttaommission for the confusion regarding the public hearing start time. There were no further comments. The public hearing was closed. The Planning Commission deliberated. COMMISSIONER MALINA MADE A MOTION TO FORWARD A RECOMMENDATION FOR APPROVAL ON CASE NUMBER L10 -034 WITH STAFF'S FINDINGS, 17 Page 2 of 6 July 22, 2010 PC Minutes • • RECOMMENDATIONS, AND CONCLUSIONS, TO THE CITY COLS °COMMISSIONER STRANDER SECONDED THE MOTION. ALL WERE IN FAVOR. Chair Arthur returned to the Council Chambers at 6:52 PM and resumed his position as Chair. Chair Arthur opened the public hearing. Chair Arthur swore in those wishing to testify. Staff reiterated that the public hearing notice mailed to the public had a meeting start time of 7:00 PM instead of 6:30 PM. Chair Arthur called a recess at 6:55 PM in order to allow the seconhearing case number L09- 064 to start at 7:00 PM, and allow those wishing to testify time to ar fiie. Chair Arthur re- convened the public hearing at 7:00 PM. Iarivais wishinefaestify were sworn in. FILE NUMBER: L09 -064 APPLICANT: Wooden LLC REQUEST: Amend Comprehensive Plan design-49n on woiots, including 14 from Manufacturing/Industrial Center -Light C -L) to Office (Tax #1023049072); and 2) Low Density, esidential (LDR) to--Office (0) (Tax #3351400005) LOCATION: 3914 S. 115t St., T1 is WA 98188 -- FILE NUMBER: L09 -065 APPLICANT: Wooden LLC REQUEST: Amen I- Voning Map desigiiaticrion two lot ' ncluding 1) from Maniiia l ng/Industrial Ce ,ter -Light (MIC -L) to Office (Tax #1023049072); d 2) Low`tisity Residential (LDR) to Office (0) (Tax #3351400005) LOCATION: :"'°3J4.S. 115t1'•., Tukwila, W&9_8488 Rebecca Fox gavt he preseniatton o a lip. iliated &that the Washington Growth Management Act allows amendtrinnt We Comprol�rensive Plari a fhe Zoning Code once a year This year there are three requs for the Cornmrssion tom;, and then forward their recommendations on to the City Count The applicant;,wishes to obtain Wilde designation for two parcels in order to construct an office or similar building. StaffigReves that larg +- daytime uses that are allowed in the proposed Office zone, such as office, would pro i L a better transition with fewer impacts to the residential neighborhood than uses, such as manufacturirrgnd auttcrtepair, that could be built now with the MIC /L zoning. Maximum building heights in the c. ed Office zone are 35'/3 stories, compared with the existing 45'/4 stories in the MIC/L lot, and 30'inhe LDR lot. The applicant has offered to donate a third small, vacant riverfront parcel to the City. Ms. Fox stated the donation would not be a part of the consideration for the re -zone. Parcel one, in a manufacturing area is separated from other manufacturing uses, and is currently being used as a construction storage yard, a permitted use in the MIC/L zone. The applicant has requested to retain this use as a legal, non- conforming use for a maximum of two years if the Office designation is approved. In light of the poor economy, retaining the use for a maximum of two years would allow time to prepare for development. If conditions are not met, the Office zoning would be void and the former zoning would revert. Staff Recommendation: Approval with four conditions as listed in the July 22, 2010 staff report. 18 Page 3 of 6 July 22, 2010 PC Minutes Commissioner Alford asked for clarification on the height for Office compared to MIC /L, and discussion followed. Commissioner Arthur asked if both parcels are entirely within the 200 foot shoreline management zone, and staff confirmed that it is. He also asked if anything was allowed to be built as it currently exist, and staff responded that they are not sure. Staff will follow -up on Commissioner Arthur's inquiry, and provide information regarding when the Shoreline Master Program will be adopted by the Department of Ecology. PUBLIC TESTIMONY: Frank Firmani, applicant stated it is his goal to construct a smart, intelligent, green, and friendly development that fits in with the park and the adjacent neighborhoodeirmani said that the donated parcel will become part of the river front trail. He said that a mixedalse bu liTig,on the site would not work economically. Mr. Firmani also commented that he has met with staff in =fhj,,;..Parks and Recreation Department in the past, and that they are supportive of the prsfee;.� Eric Cobb, Architect, for the applicant, said that the i ';act of the MIC /L property on ttRpgrlTis a significant one. He said that carefully considered land. ap7:ri,,;grequire tints and landscaprzbilffers between the park and property could significantly ease the f itior = i the development.: ie also said that the donated parcel is a substantive improvement to the community and the park. Kathy Desjardin, citizen, asked if there wou1 k a benefit to the chi unity to put an office building in between a park and residential area She raiseelEMEtato,ther questions.Y=S%e aid she would prefer that the zoning not be changed. Ms. Desjardin said ffiat she1e6e ed the publKotice on July 7th and it had a comment deadline of June 21. Denise Meyers, citizen, sane «that ebanging the parcels would be a:iiegative impact on the surrounding neighborhood significantly. She saiclat increased traffic in the area would be a safety issue for the residents. She also s i ;o lld be a; lge impact to tireaseptic system for the park and the residents in the neighborhood. Ms. Meyex - said the donated land to the City would not be beneficial. She also commented that there is no par "kij 4i tfi` en, .- Mark Lulu"dt; citizen, inquired on wh iffier there has been a traffic mitigation study. He said that the proposedR arcel to be dondir moo the C ty roil e's no sense. He said that the biggest issue he is worried about-151;0e safety, due to h mount o °fraffic that would be leaving the area daily. Georgina Kerr;tjzen, said thahere should not be this type of building constructed in the neighborhood beea ise it is out a .context and place. She said that it would increase run -off, increase danger to pedestrians; grid that t is too close to the residential area. Ms. Kerr supports maieanieg the existing zoning. • REBUTTAL: Ms. Fox addressed the comments given by the citizens. She said that any development must meet code. She stressed that there is a range of activities, such as auto repair and manufacturing that are currently permitted under the MIC /L that could be built now. Under the Office re -zone there is also a range of activities that could be built and it doesn't have to be an office building. She said that traffic access would be from S. 115th, rather than on a residential street to avoid impact on the neighborhood, and that all parking would be on site to meet code requirements. With careful site design, future development could be placed away from the neighboring LDR uses to minimize impacts. She said that a stop sign at the site would contribute to safety. She also said that any new development would be required to handle the run -off on site. Several questions were addressed. 19 Page 4 of 6 July 22, 2010 PC Minutes There were no further comments. The public hearing was closed. Chair Arthur thanked the commissioners for indulging him and allowing the public to exceed the five minute testimony time limit. He said that the commissioners get a perspective from the community when they get public input, which they are not privy to with just a staff report and input from property owners. He said that he appreciates the people who take the time and effort to provide the public input, and five minutes just doesn't do it sometimes. He also said that the exchanges tonight between the public and staff were well worth hearing. The Planning Commission deliberated. Chair Arthur clarified that the Planning Commission would nuke a- ecommetr3"ation to the City Council and that the City Council will make the final decision. Commissioner Peterson said he thinks that a re -zone WI-Office use'ould create few pacts, and it seems more functional than the MIC/L use. He also sai3ilialtthere wa no compelling evtdEiice to deny the proposed re -zone, and he is in support of the re -zone. Commissioner McLeod said if he was to summarize it, he would'i t the way that Commissioner Peterson summarized it. He also said that stawsdocumentation listing what the current use of the MIC/L could be, and how it could or wouldn't changes it .?&a r„ - zoned, was 17671.314ful. Commissioner Alford said for the record, she hd read lt,� p - .0:-y >y thoroughly and that she appreciates all of the informati©x>.athat was presented. &lie said ifEnew zoning is approved that she hopes the property owner yf1f.live:#• what he has proposed. Shy said that it is probably the best solution when looking a #ie alloweises for the MIC ,. She said what is there now makes for a disturbing view from:t e" per, and shrould be in support...of whatever they could do to get rid of it. She said that she has a problem watwo,rro_ars of the cent use if it is re -zoned for the applicant, and that it would be a.hu„ge allowaiTif "n na nd of visual mitigation should occur and . something b af1.o »t> he citizns .,n the conirrfunity. Staff said~ -if there is consensusmong Y� o,o ission, they could amend condition # 2 of the proposed to requiie -& -type of screeniii Commissionerthur said thae does not see any compelling reason for the re -zone, but he sees a number of reasons' z . to appro 8 ."the change. He went over the six bullet items in section #4, page 6 in the staff report, and .explanation on his opposition with each of the statements. Commissioner Arthur also said that h'-me questions regarding the appropriateness of the public notice. Commissioner Strander said that she concurs with the comments made in appreciation of the testimony. She said that she has reviewed the Zoning Code and all of the different uses that could be applied to the Office designation. She said she also concurs with Commissioner Alford regarding the applicant meeting all of the traffic requirements, and Commissioner Arthur's comments regarding the notice. Commissioner Bratcher said it needs to be kept in mind that they may be setting precedent for temporary zoning to flip flop back and forth. She said that either they should change the use, or they don't. She also said that she has a slight problem with changing the use and allowing non - conforming use. 20 Page 5 of 6 July 22, 2010 PC Minutes • • COMMISSIONER MALINA MADE A MOTION ON L09=064 COMPREHENSIVE PLAN AMENDMENT AND L09 -065, RE -ZONE, TO FORWARD THE RECOMMENDATION TO THE CITY COUNCIL TO DENY THE OFFICE USE AND STAY WITH THE MIC/L. COMMISSIONER MCLEOD SECONDED THE MOTION. COMMISSIONER ARTHUR CALLED FOR A HAND VOTE, AND THE REQUEST WAS DENIED, FOUR TO THREE. COMMISSIONERS PETERSON, ALFORD, AND STRANDER VOTED IN FAVOR OF THE RE- ZONE. There were no further comments. The public hearing was closed. The Planning Commission deliberated. Chair Arthur opened the public hearing. FILE NUMBER: APPLICANT: REQUEST: LOCATION: L09 -067 Macadam LLC Amend Comprehensive Plan =deli a &ion fronM ommercial /Ligh .lustrial (C/LI) to Medium Density Residerifia DRS' (Ta=x# 261320013f) 4300 S. 133rd St., Tukwila, WA FILE NUMBER: L10 -002 APPLICANT: Macadam LLC REQUEST: LOCATION: Amend Zoning Map del gnatio ro ,,Commercranight Industrial (C /LI) to Medium Density Residerial (MD:RTEax 6.1.3200131) 4300.S=1B,3`d St., Tukwila; Rebecca Fox gave the pentation ftaff. The intent is to provide a better transition between Commercial /Light Industrrahon the East and single faraly_bousing on the West by constructing housing. Approximately 80 % of the'pperty,is= wetland or buffer. nd 20% can be developed, which would allow four to five units Staff recornmendation: proval of azantract rezone with the following two conditions: Als7,111 code violation t 5, inclu'dir%gtthe conditions outlined in the Special Permission Director (i1 # L09 -014) is toibrzcomplet z'by the applicant and finalized by the City of Tukwila by Dec r Aber 31, 2010. (t ate staff'treport, the deadline was December 1, 2010, but staff extended it to Dece%ber 31, 2010, • the applicant's request.) B) In the evenhat the above condition is not met by the deadline above, the rezone shall be voided. Medium derisat Resid fitial zoning shall revert to Commercial /Light Industrial without further legislative actiord-- There were no further comments. Berry Becker, applicant, commented that existing trees provide some noise buffer in the area. Staff stated that noise impacts from Sound Transit should be considered if housing is built in the future. There was no public testimony. The public hearing was closed. The Planning Commission deliberated. 21 Page 6 of 6 July 22, 2010 PC Minutes • • COMMISSIONER MALINA MADE A MOTION TO FORWARD TO THE CITY COUNCIL APPROVAL FOR L09 -067, COMPREHENSIVE PLAN AMENDMENT, AND L10 -002 RE- ZONE, BASED ON STAFF'S FINDINGS, CONCLUSIONS, RECOMMENDATIONS, AND CONDITIONS, WITH A REVISED DEADLINE OF DECEMBER 31, 2010, ON CONDITION "A ". COMMISSIONER BRATCHER SECONDED THE MOTION. ALL WERE IN FAVOR. DIRECTOR'S REPORT ® The Commission was informed that the Community Development Director continuing work on the budget. • A Light Rail community meeting was held last month and Sound Transit staff briefed the Sound Transit Board. The meeting can be reviewed on -line. O There was inquiry from Commissioner Peterson on when the Ti meetings will resume. Staff will follow up on this, and have a schedule provided to the PlanTh . ommission. Meeting Adjourned: Submitted by: 9:32 PM Wynetta Bivens Secretary 22 L09 -064 Comprehensive Plan amendment — Manufacturing Industrial Center/Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) L09 -065 Rezone -- Manufacturing Industrial Center /Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC /L) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay Zoning Lines EXHIBIT 2 ENE Wooden LLC 0 ° • L09-064 Comprehensive Plan amendment--Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) L09-065 Rezone--Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC/L) to Office (0) and Low Density Residential (LDR) to Office (0) Fa OEM, Zoning Lines 111111111111111 L09 -067 Comprehensive Plan amendment -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) N Maradam LLC r=4o P EXHIBIT 4 Aft C-A Mbh L09-067 Comprehensive Plan amendment--Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) L10-002 Rezone--Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Zoning Lines Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas ®® Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District EXHIBIT 6 SW 43 St Establish Tukwila South Annexation Area Zoning H:IPIANNINGIComp Plan & Zone Amend \2010 com zone amend \Estab Tuk south overlay dist letter line.mxd HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: ATTACHMENT 2 A STAFF REPORT TO THE PLANNING COMMISSION July 22, 2010 Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 Site posted, 7/13/10 L09 -067 (Comprehensive Plan Amendment) L10-002 (Rezone) Macadam LLC Amend Comprehensive Plan/Zoning Map from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) LOCATION: 4300 S. 133rd Street, Tukwila (Tax Parcel #261320 -0131) COMPREHENSIVE PLAN DESIGNATION: Commercial /Light Industrial (C/LI) ZONE DESIGNATION: Commercial/Light Industrial (C /LI) SEPA DETERMINATION: Determination of Non- significance (DNS), 7/21/10 STAFF: Rebecca Fox ATTACHMENTS: A. Application (L09- 067)— Comprehensive Plan B. Application (L10- 002)— Zoning Map Change C. Minutes —City Council Regular Meeting, 7/6/10 D. Aerial vicinity with zoning E. Zoning map F. Topographic Survey Rf 1 W:1Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Macadam- Becker..doc 07/15/2010 79 • FINDINGS Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320 - 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single - family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The property is located on the corner of 44h Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the Rf 2 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports \ PC. Staff.Rpt.Macadam-Becker..doc 80 , • • west of the property, crosses over S. 133rd via a bridge. The 1.72 acre site is vacant -- -or a wooden garage that is associated with the . single - family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial /light industrial and residential uses. The majority of the subject property contains environmentally - sensitive areas, including Southgate Creek, a Type 2 salmon - bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single - family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single - family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue South. COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The proposed Comprehensive Plan change from C /LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi - family housing to be built. Four broad - reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Rf 3 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC.Staff.Rpt.Macadam- Becker..doc 07/15/2010 81 • • Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi - family homes, including owner- occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi - family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi- family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single -and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi - family or single - family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. This policy demonstrates the community's commitment to residential neighborhoods, including multi- family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial/light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial/Light Industrial on the east, and the Low Density Residential on the west. Goal 7.2 Noise Abatement—Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. Rf 4 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC.Staff.Rpt.Macadam - Becker..doc 82 • 2) Impacts -- MDR would allow housing ono a enovv -vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi - family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial /Light Industrial Zone. The proposed medium- density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial/light industrial designation, would bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single - family homes. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C/LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely_ continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C /LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. Rf 5 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Macadam- Becker..doc 07/15/2010 83 • • A Planned Residential Development, permitted under the Medium Density Residential -_ zoning could be built to make best use of the site's natural environment, and to encourage - efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job - producing business on the site. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? • Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential ", and to provide housing in a stable neighborhood. • The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. 2) Impacts? • New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. • Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 3) Meeting identified public need? Other options? • Designating new Medium Density Residential provides the option of additional housing for the area. • Housing could be provided by designating the property as Low Density Residential (LDR) • Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue - producing development. 4) Benefit to the community? • The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. • New development that enhances the site's environmental characteristics benefits the community. • The change to housing use, will remove the opportunity for a commercial/light industrial use. Rf 6 07/15/2010 W: \Users \Minnie\Minnie - -PC Staff Reports\ PC.Staff.Rpt.Macadam - Becker..doc 84 • • COMPREHENSIVE PLAN— RECOMMENDA -TIE - - Staff recommends the following: Approve the Comprehensive Plan Map amendment of property located at 4300 S. 133rd Street (Tax # 2613200131) from Commercial/Light Industrial to Medium Density Residential with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. 2) In the event that the contract rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial/Light Industrial without further legislative action. FILE #L10 -002 -- ZONING MAP AMENDMENT/REZONE 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), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: ® Plan Objective #1 —To improve and sustain residential neighborhood quality and livability • Goal 3.1 Continue to provide the City's fair share of regional housing ® Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi - family households. 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 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ... "intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses..." Multi- family duplex, triplex, fourplex units, townhouses up to four attached units, or detached zero - lot -line units are permitted with heights up to 30 feet. One detached Rf 7 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Macadam- Becker..doc 85 • • single - family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial/light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well- suited to a carefully -sited multi - family residential development, or Planned Residential Development (PRD). 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. In a broad sense, allowing additional, denser multi - family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well- designed multi- family residential development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety and comfort through good design. Site - specific development will be planned carefully to accommodate both site - specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: ® The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. Rf 8 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Macadam - Becker..doc 86 • • 2) Consistency with Zone: ® The desired multi - family residential zoning permits a range of housing to-be -- -- - built, including duplex, tri -plex, four -plex and townhouses. 3) Changed conditions: 9 Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: ® New housing development is in the community interest. ® Residential development that is sensitive to the site's environmental characteristics benefits the community. ZONING — RECOMMENDATION: Staff recommends the following: Approval of the Zoning map amendment for property located at 4300 S. 133rd Street (Tax # 2613200131) from Commercial/Light Industrial to Medium Density Residential with the following conditions: a) All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 2010. b) In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. Rf 9 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC.Staf£Rpt.Macadam- Becker..doc 07/15/2010 87 as. snt,LA1"J ra.1 a city Of' TUKWI.LA • Department of Community Development OMPItEHENSIVI 6300 Southcenter Boulevard, Tukwila, WA 98I ' 'C ESJ `E PLAN N Telephone: (206) 431 -3670 FAX (206) 431 -3665 '" � D Lill E -mail: tukplan @ci.tukwila.wa.us 1 i';. ;';*;`'•1 AMENDMENTS CO M:16 t►s.f,T APPLICATION NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 4./ 3(. o S - / 3 3,eAA, s% Ca,- t c i ' 9 9' S v` 5` /23A0, s� LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 2.6 —0/3/-03 DEVELOPMENT COORDINATOR : The individual who: a has decision making authority on behalf of the owner /applicant in meetings with City staff, o has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and ® is the primary contact with the City, to whom all notices and reports will be sent. Name: (, A i. / 'e C- k-e l'Z Address: li V rj / 3/5(- /' /• L/fCC -,, 9 e/ Phone: :2... '(, A.. S" FAX: 2.0 6 -- c/ 6, -- Cf 8.0 5 E -mail: Of -t: , a.dit,. i", r�G7` V;f .r3G ' C -,-'21, Signature: , -- ,,?tc.rC,c_,- _Date: / 2_ r Z P. -- if, c' P: \Planning Forms \ Applications \CompPlanhg- 6- 06.doc 88 Attachment A FOR STAFF USE ONLY Permits Plus Type: P -CPA Planner: vae C Cet. X File Number: LG� C /_�91 (� Application Complete (Date:! -/s' l 0 ) Project File Number: Application Incomplete (Date: 1 /Z4/ to ) Other File Numbers: L j 0 -- Oa -Z L oq - O jai. Sp c 0--e_ Pes -v-+ S.r r o ., 2 pr -19e S'ii '2-- - A t re c t-o,- NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 4./ 3(. o S - / 3 3,eAA, s% Ca,- t c i ' 9 9' S v` 5` /23A0, s� LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 2.6 —0/3/-03 DEVELOPMENT COORDINATOR : The individual who: a has decision making authority on behalf of the owner /applicant in meetings with City staff, o has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and ® is the primary contact with the City, to whom all notices and reports will be sent. Name: (, A i. / 'e C- k-e l'Z Address: li V rj / 3/5(- /' /• L/fCC -,, 9 e/ Phone: :2... '(, A.. S" FAX: 2.0 6 -- c/ 6, -- Cf 8.0 5 E -mail: Of -t: , a.dit,. i", r�G7` V;f .r3G ' C -,-'21, Signature: , -- ,,?tc.rC,c_,- _Date: / 2_ r Z P. -- if, c' P: \Planning Forms \ Applications \CompPlanhg- 6- 06.doc 88 Attachment A . STATE OF WASHINGTON COUNTY OF KING • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or.tny agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grams the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 'y .3 O Q S' % 3 3 .,Z o _ < f - for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. • EXECUTED at 61,112it s (city), Wa (state), on iZ ! 2.4t , 20 v i Print Name !� %� ►�` i l3 L kiC �- Address ei 41416 5- / ? l S / ✓� wit"'. Phone Number 2c 6 a_ y 6 - r e Signature Cin:rl On this day personally appeared before me ??i'I^ EC to me lcnown to be the individual who executed the foregoing instrument and acknowledged tit he/she signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS. ``ot!Hunol° . �eaytONF ,r 1% ."� c,. ▪ residing at ▪ My Commission expires on �L� --/ ; i • QBLtG any •ea s se op Gei DAY OF , ac.2 AA -r , 20 NOTARY PUBLIC in aild or the State of Washington P: \Planning Forms \ Applications \CompPlanChg- 6- 06.doc December 4, 2006 89 COMPREHENSIVE tiLAN AMENDMENT CRITERIA �e burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.050) Demonstrate how each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: 1. Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for the proposed change? 2. Why is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? 3. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. P: \PJanning Forms \ Applications \ CompPlanChg-6-06.doc, 12/04/06 90 Comprehensive pla hange Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 1G °Gg °Uy Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133` St (tax Parcel # 26 -13 -20 -0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel # 734060 -0722) in Tukwila Washington. A) Comprehensive plan Amendment Criteria 1) We propose a Comprehensive plan change rezone for the East half of property from Commercial / light Industrial to MDR to make the single owner contiguous property all residential which will be less environmental impact and topographically contiguous with the existing residential. (The West half of property will remain LDR) 2) This proposed Comprehensive Plan change will meet the need of the community by providing affordable housing. 3) The Proposed Change will be net benefit to the community by providing Medium Density Residential buffer between the existing Commercial / Light industrial and the LDR to the West thus increasing LDR property values adjacent to the West and surrounding area. B) Comprehensive Plan Amendment Criteria 1) We propose a Comprehensive plan Amendment and Zone Change to Residential from Commercial / Light Industrial to make very small available Industrial area (that is left after wetland buffers and Creek buffers) contiguous with adjacent property existing residential zoning. The Industrial property that is currently available is not adequate size to be developed for Commercial / light industrial and is topographically cut off from the adjacent industrial properties to the east and South by a wetland and South Gate Creek. Thus it makes sense to make it Residential. 2) The anticipated impacts of new residential development will be minimize by for example we will provide onsite drainage that will mitigate impact on the City storm drain system and provide eco friendly wetland improvements and passive energy designed houses. 3) The current Comprehensive plan designation is deficient because the available industrial or commercial area is cut off by a small hill and wetland / stream to the rest of the C/LR to the East. (Thus commercial traffic access through residential). 4) This proposal will work within the Growth Management Act and comply with requirements that maybe identified. It will offer affordable residents with community enhancing inward focusing design to promote neighborhood and wellbeing safety. 5) This proposal provides goals that are specific in county planning such as following King County on site drainage requirements and wetland enhancement. 6) This proposal should have low to no impact on City infrastructure. With our proposed on site drainage we will have minimal impact on the storm drain system detention capacity arid addition of 7 additional structures, residential sewer should be small percentage capacity increase with existing sewer and water laterals available in the adjacent streets. 7) This proposal should be minimal impact to City required capital improvements. 8) There are no other requested changes in City Code or regulations at this time. 1 91 .a • • . • . • • • . -f4g cus,.ppoporry DA/L.- • .. • .•• • - . -;4144E1;?piEreca- ..;.-.1-0:141ZOTUF017#115TLY:gW13:14114- •"- 1-1,4F-41. qrThi ' ' , • ' . . . • ' • .P-5.PoSSO RA114 4442ei.4 ' • • 9P.A0-4446, 5Y5r0.1 .i:Erzgo • pa4t41.4 •" . .GAR I ' %%Pew . I : r.X1011IP4 . • ■\ . A .Portion -of. .. The NW 1/4-.Of .the•Mt.:1/4,, -.let 15, T23 N,R 4EWM . King :County,.. Washington ...Section 15; :T 2114, R4 E • • • :VICINITY MAP:. • • • SCAM' :NM 4, tAbuter . •• ,----1 , -• • • '•• • . %LEGAL DE-SCR/P.170ff .. •' :" . •. . . . .EntneLk.:.,:17147-1450;f)-6-72..2 . : • . . • . . : - • • ' :That:portion. Of Lot ,• Hiverslde :Interurban •irants,--• , . * . a i t• Shown In Volume: 10',6f Plata, Page 74, Records of fag County, Wairilegton.• lying •north of South .':,125rd Street, east of 42nd *Avenue - South, -and south • _eV thei south line of South--132neStreek ..tegether . • iiith • the, wet.-half of vacated 43rd Avenue South .... : • . • adjoining, and 137CCEPT state::11411Way right-of-way, • • .• . • . • „ .ii,;;-de, a•••••.2d--1-zo--:,B.ISI.. .. ,•-• - • . . • mat....pcittiOn oLlot 15, Fostoria .Garden track's, *as • . • ...aloft ' in :Mane .9 of Plats; • Page 95, Record:5 of : 4: Vounty,.Washington, and vacated Squire Street, • .. u4sITHIt117"*SANAtr-" - • • • lying north ef••Pacific Highway, =CHM' -the portion . 70. .• tbereoflying:east of State Highway deeded liy .. .. . ; . - Ordinance lip:, 818285 and. except state highway : • • • - • .. . . right7ofriray. .. .• • . . - S .• • • . . . • •r • • • ii.?%_\ 1Nkt.... • • • ..-ir75-6=-37:77 0 lob .100111,2i. . • 220701 • • . . • • . . • . • . • . . ... • . RECEIVED DEC 3 0 2039 • •ATTACHKEIITB: CITY OF TUKWILA Department of Community Development �,.: •.,` ZONING CODE ' 6300 Southcenter Boulevard, Tukwila, WA 981 &8. ,4,,.... :. : -•: a Telephone: (206) 431 -3670 FAX (206) 431 -3665 AMENDMENTS ]\1IEN TS E -mail: tukplan @ci.tukwila.wa.us C1r:T4SOe •,' �i/i i FOR STAFF USE ONLY Permits Plus Type: P -ZCA Planner: l�U'.> C> cc..e f,>< File Number: 1 L j 0 _ 001. Application Complete (Date: 515/ia ) Project File Number: Application Incomplete (Date: 4251 a ) Other File Numbers: L ©r _ et, ,i Cpe c: c tit Per rt r,L„ n:,.e.,, iiar L 09. .- o l y_ NAME OF PROJECT/DEVELOPMENT: 2FA- oe • 2 LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 30 0 S, %33,, 5'/_, Y fat' 3 rt T r l �[m- -,_r / Pt- Cs:9 S S l.? 5're4) S /- LIST ALL .TAX LOT NUMBERS (this information may be found on your tax statement). —r ?.77,7' , • A- -b f:?511 S.�1, r DEVELOPMENT COORDINATOR : The individual who: ® has decision making authority on behalf of the applicant in meetings with City staff, ® has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and o is the primary contact with the City, to whom all notices and reports will be sent. t / Name: Address: 4 415/6 J s'. / / / _ /D A 8/6 I— Phone: 2.1),2/3— 4 ' t` 3 FAX: > — ‘1� -"""/") 5 .-- Signature: .r Date: — ZS•—C� /� E -mail: Q 711? Attachment B P: \Planning Forms \ Applications \ZoneChng- 6- 06.doc 93 STATE OF WASHINGTON COUNTY OF KING CITY OF TUKWILA • Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX-(206)-431-3665 E-mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss The undersigned being duly sworn and upon oath states as follows: I . I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at (city), (state), on • 20 Print Name Address Phone Number Signature On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF , 20 NOTARY PUBLIC in and for the State of Washington residing at on My Commission expires Y: \Planning Forms \ Applications \ZoneChng- 6- 06.doc December 4. 2006 94 The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; (2) That 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; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and (4) That 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 neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. P: \Planning Forms \Applications \ZoneChng- 6- 06.doc December 4, 2006 95 95 Zone Amen nt Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 � is -ZS -o9 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133` St (tax Parcel # 26 -13 -20 -0131) and contiguous with LDR property owned to West 13136 Macadam Rd S..(Tax Parcel # 734060 -0722) in Tukwila Washington. A) Zone Amendment Criteria 1) This Requested Zone change is consistent with the Comprehensive plan policies in that we will be providing a less environmentally impacting project that is closer in 'adjacent contiguous use that is residential. 2) The title and description of the zone map changes are consistent with the zone use classification requested that shall be medium density residential which will complement and enhance the adjacent Low density residential directly to the west. 3) There are nuances to and changed conditions of zoning layout that cannot be fully understood at initial time of designation. For example, the newer Sensitive Area Ordinance and environmental setbacks and property development restrictions now change how this property can be -.accessed and developed. In the past we could develop buildings in the wetland area and put roads and bridge across streams without much restriction. With the new . wetland restrictions and Buffer requirements, the area remaining for Commercial Industrial use is cut off from the Industrial to the East. Therefore in order to use as currently Zoned we would need to provide Commercial industrial traffic through the residential neighborhood and LDR on the upper half of site. 4) This proposed Zone change will be in the best interest and welfare of the public safety by providing a lower impact use. The development will . also provide inward focused community and neighborhood'building design layout that will promote safety and prowler visibility. This will also build and light previous vacant lot area that will make it more safe. 96 96 • . . '. • • • • • • . —. • . • • . • . A :Portion .0f .... • -m•Eczi:‘:•./4.__ :-.PA-Rr-4"'.F3-4-7- - : .. . ' ... .. . ... -,Er_ surNey ' , . . . . ° L" c ' PfwPEFzrr IJAIL.- ....: . . .. • : ..'.. ...: ... . ... ..‘ • • * • • ' . : ••• : ... • .. :. . . • . • Sec. ill'15 ,1.4/: :1"-. . 243. vNof i'..Rt 1 i t• '7E !..: W: 1 / 4. M,' •• .. rzsesaliciz:Gas, Cirr.6.‘rfiom• • • ..... .. • •.: • • .• .. . .• • • . • ,,; ,: ,- '. .,.__ _: • ,_,. - '• . ..- ' -puirocznyi..7-apinANRAL.. • , ::' - •.• •• . .: .,:„. 11 :. . - .• . ••• .png .:L9unry;;•.wasnington • .. , :. -.. 70:•:frieonnTtrenni.. -. • , ... • .... • . . - , • ........... .• .. .,. ... ..: . . . ...._ ... .. , • .• . • . •• • • : • .1?-qproSEID •••. •• • • . CORP•Eii • "• .• Pfchtt4f4E- $Y51tP{.---; . . . • SITE 15; .T R...4 I • • SiAttl*.m;" • •.• • • •Ui4 • . • .• C711°.e : ••. • • . . • . .. • :.• :"• • • • 1 . . . . ••• - ' • ' . • . . . • . .. . - ' • . ••• • • • - • .......t1: • • '-'1* • . ::'''.. • %LEGAL. oeSCRIPTION• • •• ••• • . - ' •-.... . . -. I ...• -..• • Parcel •4 f.:,;:ic..-t,b4e;i,:,:b:,•a7z: . .• • •: '..• :. • : • .. . . . . • .. • . • :. .. : _Mat .'portion. Of Let 411,'Itiversicie Interurban .Traets,:'• • • • • .•• • :, ... ; • • ai•ithowzr in Voluxtie• 10 if -Piati, .Page 74, Itecarde • • .- ' • . •Ell King County; ‘Artiiisii3gton, 1)ring -nOrth of South ... ' • - ... .. . . . . . . • • • - . '. . ..*:,'133r4 Street, eairt.of 42nCAvenue• South,- and smith - - . • • . of ' the south line of South • 132neStreet; :together . : - . - eitlythe west:half of !Vacated 4.3rd Avenue South - ' • :. . ! • '' • • •••• • ' atijcilniai, and •1'' atata:.highiay right-of&-way: a Nom.4N • :••■•■•■•77AN , • : way etAkir I O. -I3uZ. S,• 133 Fa) • ST"... .• • • 5f-TISWc _...*R.114\Y—Lreelt .-.• . . • — • 7Iva-on . • • •„, —4; — • 100 . : • . . . • • • • • . • • • %. • .! ;. • .. lotirdel • :2.:-2;-1;1:3-0•1•Si' ••••• • ' Zhat;:p.Oi•-11On of Lot 18, Fostaiii .Cerdezi i'rectS, as • . ..:* ,-thiiitz' in :*Vd.luiste 9. of Piatsi. Page 95, RetOrde of ' • •., Xing ;Votintyolrashington, and ated Squire Stieet, • • . • •. .:.• lying north 'of-Nellie:Highway, =PT the portion • . . . • :thereof...lying:4mA of Slate Highway' deeded by • . • • Ordinance .)o: 618285 and• ezcept state highway • " . • • •right-ofTway. . • • • • . •• • • • LEGEND FouNO BRASS MONLa,ENr IN CASE - FT:S. 2002 SEr S /e' RE -BAR & CAP FEBRUARY 2002 SEVER MANHOLE STORM DRAIN MANHOLE ROCK WALL A BLOCK WALL CRAWL SURFACE — FENCE TREE CURVE TABLE ELM RADIUS LENCIN 6178'21' 7'58'00' • 5'10'01' J7a00 115.80 965.J7 160.56 117.,6 88.66 LINE TABLE 711TECRON . DISTANCE V 09 06'00' E V 00'56'15' V 76'10'15' W V 02V7'15' W 5 50'18.45' IF 28.J0' 67.90' 68.51' 61.85' 47.06' DATA n•lsa.eo' 6•1170']5' L.101.71. • 43 • • • • • • 59.41j NNFM 4 OW. 10.70 It 8 N7l 110 • It e Nt1 7.ie It a' ate 7.59 • LEGAL DESCRIPTION . Parse] d ' That portion of Lot 48; Riverside Interurban Tracts, as shown in Volume 10 of Plats. Page 74, Records of King County. Washington, lying north of South 133rd Street; east of 42nd Avenue Sbuth, and south of the south line of South 192nd Street; together with the west half of vacated 43rd Avenue South adfoining,, and 61CCSPT state highway right -of -way. • Parcel jI That portion of Lot 18, Fostoria Carden Tracts, as shown in Volume 9 of Plats, Page 95, Records of . King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by . Ordinance No. 618285 and except state highway right -of -way, • • ERC. KING COUNTY ASSESSORS MAP . .� S 1191Y15• t • 7-1-0-17 S. 133r Stree�� • 50 0 50 • • Scare t• a 50 R • . 150" TOPOGRAPHIC SURVEY MAP . • r . 1 BENCHMARK: CP17005 -264 WSDOT.BRASS DISK r . 'IN CONCRETE LOCATED IN THE PAVED AREA . r BETWEEN THE MAINUNE OF NB 5R5 AND THE I • .. ON -RAMP FROM INTERURBAN AVE. t„ . ELEVATION a 25.96 FEET. . 201111 Si, It 5' NN! 0.47 ID e' NI; 5.41 It a• at, 1.42 VERTICAL DATUM: NA VD 1988 . I . L r • t • CI i ,11 A Portion of the NW 1/4 of the NE, Sec 15, T 23 N. R 4 E, M. • King County, Washington Section 15, T 23 N, R 4 E Tukwila City Council Regular MeetWlinutes • . ATTACHMENT C Page 3 of 6 July 6, 2010 MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED -RAE- ELUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER -1` t97— – 2. A resolution declaring two aged and obsolete Fire Department Amkus Rescue Systems and accessory equipment surplus and authorizing their donation. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING TWO AGED AND OBSOLETE AMKUS RESCUE SYSTEMS AND ACCESSORY EQUIPMENT SURPLUS, AND AUTHORIZING, THEIR DONATION. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1720. b. 2010 Comprehensive Plan Amendments. (The Council may: • Refer the proposal as is to the Planning Commission for further review; or • Modify the proposal and refer to the Planning Commission for further review; or ® Defer consideration until a'later time to get more information; or • Reject the proposal.) MOVED BY ROBERTSON, SECONDED BY DUFFIE TO REFER THE PROPOSAL AS IS TO THE PLANNING COMMISSION FOR FURTHER REVIEW AND A RECOMMENDATION.* Frank Firmani, 2400 NW 80TH Street, #162, in Seattle, explained he is confident they can work proactively with neighbors and the Friends of the Duwamish during the planning process. Mayor Haggerton asked if he is speaking in favor of the motion, and Mr. Firmani responded in the affirmative. *MOTION CARRIED 6 -0. c. Noise Regulations: 1. An ordinance updating regulations relating to noise as codified at Tukwila Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE ORDINANCE RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2293. 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. Attachment C 9 9 L09 -067 Comprehensive Plan amendment -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Zoning Lines 100 L09 -067 Comprehensive Plan amendment -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Li 0 -002 Rezone -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Zoning Lines ATTACHMENT E ft Macadam LLC 1"e400' 101 LEGEND FOUND BRASS MONUMENT fN CASE - FEB. 2002 SET 5/8' RE -BAR & CAP FEBRUARY 2002 SEWER MANHOLE STORM DRAIN MANHOLE ROCK WALL a BLOCK WALL 3 GRAVEL SURFACE — FENCE TREE CURVE TABLE EL rA 6738•1' • 73800" 57001" RADIUS 570.00 115.80 985.37. LENGTH - 160.56 117.16 8x86 LINE TABLE TIRECRON . V 0973660' E V 8056'45' E V 76'40'45- W V 6207'25' W i 5078'45' W DISTANCE 28.30' 67.90' 68.51' 61.85' 47.06' DATA: 8150.90' A.1179'S6' L.I09.2I' • o� 55501 NKMLA 4 RIM: 16.39 IE 6' 9Th 9.10 6 V NC 7.69 IE 6' SE 7.59 • • LEGAL DESCRIPTION Parcel A That portion of Lot 48; Riverside Interurban Tracts,' as shown in Volume 10 of Plats, Page 74, Records. of King County, Washington, lying north of South 133rd Street, east of 42nd Avenue South, and south of the south line of South 132nd Street; together with the west half of vacated 43rd Avenue South adjoining,. and EXCEPT state highway right -of -way. Parcel 1i That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded. by . Ordinance No. 618285 and except state highway right -of -way, s5A09 11MBKA I IE O' 991 0.47 IE 8' NE 6.47 IE 6' SE1 6.42 VERTICAL DATUM NAVD 1988 EltNCHMARK: CP17005 -264 WSDOT BRASS DISK IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINUNE OF NB SR5 AND THE ON -RAMP FROM INTERURBAN AVE. ' ELEVATION a 25.99 FEET. 9EARI N0: KING COUNTY ASSESSORS MAP A luaultia241v N1J�i09.i•�.- .� 941.63 50 0 50 • .Scale 1 ".a50ft 150 TOPOGRAPHIC SURVEY MAP . for .: Sa 00 A Portion of the NW 1/4 of the NE,d, Sec. 15, T 23 N, R 4 E, King County, Washington Section 15, T 23 N, R 4 E Attachment 2B DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Comprehensive Plan amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of the application to amend the Comprehensive Land Use Map designation, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be best served by approving the application to amend the Comprehensive Land Use Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. W:\ Word Processing \ Ordinances \Comp Plan Amend Macadam - 1.doc RF:mrh 08/16/2010 Page 1 of 2 103 • • Section 2. Re- designation Approved. The property located at 4300 S. 133rd Street, including Tax Parcel #2613200131 and described in the attached Exhibit 2, is hereby approved to be re- designated from Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following: A. All requirements of the following contract rezone must be met including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event that the above condition is not met by the deadline above, the Residential designation shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. B. In the event that the rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial /Light Industrial without further legislative action. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show this change in designation. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five 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 , 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit 1 - Findings and Conclusions, Planning Commission Staff Report (File #L09 -067 & L10 -003) Exhibit 2 - Legal Description Exhibit 3 - Comprehensive Plan Map W:\ Word Processing \ Ordinances \ Comp Plan Amend Macadam - 1.doc RP:mrh 08/16/2010 104 Page 2 of 2 EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File # L09 -067 and L10 -003) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320 - 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single - family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132 °d Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the west of the property, crosses over S. 133rd via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single - family house located on the adjacent lot, also owned by the applicant, W: \Word Processing\ Ordinances\ Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 1 of 6 105 • • immediately to the west. The subject_C /.LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway=onrll-sidesi- and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally - sensitive areas, including Southgate Creek, a Type 2 salmon- bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C /LI) zoning and uses, and Low Density Residential (LDR) zoning and single- family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall . Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single - family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue South. COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear, compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The proposed Comprehensive Plan change from C /LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi - family housing to be built. Four broad - reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi - family homes, including owner - occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi - family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. W: \Word Processing \Ordinances \Comp Plan Amend Macadam - 1.doc RP:mrh 08/13/2010 106 Page 2 of 6 • `Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi - family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single - and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi - family or single - family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. This policy demonstrates the community's commitment to residential neighborhoods, including multi - family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial /light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial /Light Industrial on the east, and the Low Density Residential on the west. Goal 7.2 Noise Abatement—Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. 2) Impacts MDR would allow housing on the now -vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any , future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi - family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial/Light Industrial Zone. The proposed medium - density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial/light industrial designation, would W:\ Word Processing \ Ordinances \ Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 3 of 6 107 108 • bring new residents to the neighborhood and has potentially--fewer impacts on the adjacent single - family homes. _ - 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C /LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C /LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job - producing business on the site. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? o Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential ", and to provide housing in a stable neighborhood. o The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. W: \Word Processing \Ordinances \Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 4 of 6 • • Impacts? = © New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. ® Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 2) Meeting identified public need? Other options? a Designating new Medium Density Residential provides the option of additional housing for the area. o Housing could be provided by designating the property as Low Density Residential (LDR) o Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue - producing development. 3) Benefit to the community? o The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. ® New development that enhances the site's environmental characteristics benefits the community. o The change to housing use, will remove the opportunity for a commercial/light industrial use. W:\ Word Processing\ Ordinances\ Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 5 of 6 109 EXIMJE2 That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W: \Word Processing \Ordinances \Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 110 Page 6 of 6 • L09 -067 Comprehensive Plan amendment -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Zoning Lines EXHIBIT 3 Macadam LLC 111m4o0' Attachment 2C DAFT 5- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL/LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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, and these documents may be reviewed and updated as appropriate; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Code and Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Zoning Code and Map amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved subject to contract. The property located at 4300 S. 133rd Street, including Tax Parcel #2613200131 described in the attached Exhibit 2, and shown on the map as Exhibit 3, is hereby approved to be rezoned from W:\ Word Processing\ Ordinances \ Comp Plan Amend Macadam - 2.doc RFanrh 08/16/2010 Page 1 of 2 113 • • Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following conditions, including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. 3. In the event the rezone is voided, the Comprehensive Plan Medium Density Residential rezone shall revert to Commercial /Light Industrial without further legislative action. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official zoning map to show this change in zoning. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five 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 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit 1- Exhibit 2 - Exhibit 3 - Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published:. Effective Date: Ordinance Number: Findings and Conclusions, Planning Commission Staff Report (File #L10 -002), July 22, 2010 Legal Description Zoning Code Map W: \Word Processing \ Ordinances \ Comp Plan Amend Macadam - Zdoc RF:mrh O8 /16/2010 114 Page 2 of 2 • • EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File # L10 -002) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to re- designate one vacant parcel from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320 - 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single - family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill, and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial /Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement are not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the west of the property, W:\ Word Processing \Ordinances \Comp Plan Amend Macadam - 2.doc RF:mrh 08/13/2010 Page 1 of 5 115 116 • • crosses over S. 133rd via a bridge. The 1.72 -acre site is vacant except for a wooden garage that is - associated with the single - family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C/LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally sensitive areas, including Southgate Creek, a Type 2 salmon - bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C /LI) zoning and uses, and Low Density Residential (LDR) zoning and single - family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single - family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue South. 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), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: • Plan Objective #1 —To improve and sustain residential neighborhood quality and livability; and • Goal 3.1 Continue to provide the City's fair share of regional housing; and a Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi - family households. 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 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ... "intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses... " W: \Word Processing \Ordinances \Comp Plan Amend Macadam - 2.doc RF:mrh 08/13/2010 Page 2 of 5 • • Multi - family duplex, triplex, four -plex units, townhouses up to four attached units, or detached zero -lot -line units are permitted with heights up to 30. feet. One detached single - family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial/light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse, and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well suited to a carefully sited multi - family residential development, or Planned Residential Development (PRD). 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. In a broad sense, allowing additional, denser multi - family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well - designed multi - family residential development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety, and comfort through good design. Site - specific development will be planned carefully to accommodate both site - specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting .property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: ® The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. 2) Consistency with Zone: ® The desired multi - family residential zoning permits a range of housing to be built, including duplex, tri-plex, four -plex, and townhouses. W:\ Word Processing \Ordinances \Comp Plan Amend Macadam - 2.doc RFaruh 08/13/2010 Page 3 of 5 117 3) Changed conditions: — _ _ _ ® Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: o New housing development is in the community interest. o Residential development that is sensitive to the site's environmental characteristics benefits the community. W: \Word Processing \Ordinances \Comp Plan Amend Macadam - 2.doc RF:mrh 08/13/2010 118 Page 4 of 5 • • EXHIBIT 2 LEGAL DESCRIPTION That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W:\ Word Processing \Ordinances \Comp Plan Amend Macadam - 2.doc RF:mrh 08/13/2010 Page 5 of 5 119 L09 -067 Comprehensive Plan amendment -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) c:LLL,:, Zoning Lines EXHIBIT 3 Aff N Macadam LLC 1" =400' • City of Tukwila - Community Affairs & Parks Committee O Joe Duffle, Chair Oloan Hernandez O Verna Seal -- :x Distribution: B. Giberson N. Olivas J. Duffle M. Hart J. Pace J. Hernandez S. Hunstock D. Speck V. Seal D. Johnson R. Still D. Robertson S. Kerslake J. Trantina Mayor Haggerton K. Kertzman B. Arthur S. Lancaster G. Labanara C. Parrish E. Boykan K. Matej D. Almberg S. Brown M. Miotke S. Kirby J. Ferrer -Santa Ines C. O'Flaherty S. Norris AGENDA MONDAY, AUGUST 23, 2010 CONFERENCE Room #3, 5:00 PM G201 `, OttlYttiNtri Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Renewal of gambling moratorium. a. Forward to 9/13 C.O.W. Pg.1 Jack Pace, Community Development Director and 9/20 Regular Mtg. b. Comprehensive Plan amendments. b. Forward to 9/13 C.O.W. P9.5 Jack Pace, Community Development Director and 9/20 Regular Mtg. c. Recommendation for Use of City Property c. Forward to 9/13 C.O.W. Pg.157 Steve Lancaster, City Administrator and 9/20 Regular Mtg. d. 2010 Parks & Recreation programs. d. Information only. Pg.171 Rick Still, Parks & Recreation Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, September 13, 2010 Committee Goals: • Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different cultures represented within the Tukwila community. • Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential neighborhoods. • Provide legislative support and encouragement to Tukwila residents living in rental communities through programs that hold owners and /or property managers accountable for providing safe places to live through the implementation of a rental licensing program. • Formulate an Adopt -a- Neighborhood program that will provide Councilmembers the opportunity to become more familiar with the changing faces of communities and neighborhoods throughout the City. • Ensure a commitment to continued human services funding in relation to the cost of living through consistent review of regional, state and federal budgets affecting human services progams and services (also assigned to F &S). • Research the viability of sponsoring a City -wide Citizens' Academy (also assigned to F&S). The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206 -433 -1800 (TDD 206- 248 -2933) for assistance. TO: • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace DATE: August 16, 2010 SUBJECT: 2010 Comprehensive Plan Amendments and Rezones ISSUE The Washington Growth Management Act allows a jurisdiction's Comprehensive Plan to be amended once each year, except in case of emergency. This memo provides information on the Planning Commission's recommendations for two Comprehensive Plan amendments and three rezones under review this year. It requests that the amendments are forwarded to the City Council for a briefing, public hearing and action. BACKGROUND Process to date: The City Council took comments from the public at a public meeting on June 28, 2010 and took action on July 6, 2010 to forward the Comprehensive Plan amendments to the Planning Commission for staff review, public hearing and recommendation. After holding a hearing on July 22, 2010, the Planning Commission made recommendations, and is forwarding the issues back the City Council for a last public hearing and fmal action. After taking comments from the public at a hearing, the Council may: • Adopt a proposed amendment by ordinance; • Adopt a modified version of a proposed amendment by ordinance; or • Reject the amendment. Consideration of a site - specific map amendment is a quasi-judicial decision. Consideration of an area -wide zoning map change is a legislative decision. At each stage in the review process, staff has tried to encourage public involvement. Public meetings and hearings were advertised in the newspaper, and put on the City's website. Individual sites were posted with notices of applications and meetings. Staff met statutory notification requirements in providing mailings to owners and occupants within 500' of the proposed map and zoning changes. rf Page 1 of 7 08/18/2010 H: \COMP PLAN 2009 - 2010 \CC.Hearing-- Final.Action -- 9.10 \CAP M.edits -- 8.17.10 5 Organization of Informational Materials - y Exhibits 1 -6 provide basic information to accompany the informational memo. Attachments 1 -3 include complete planning Commission staff reports, and draft ordinances that reflect the Planning Commission recommendations for each of the Comprehensive Plan amendment/Zoning code amendment requests respectively. DISCUSSION 1. Wooden LLC__ Amend Comprehensive Plan/Zoning Map on two parcels, including: 1) Manufacturing Industrial Center/Light to Office; and, 2) Low Density Residential (LDR) to Office • File #L09- 064 — Comprehensive Plan Amendment • File #L09- 065 -- Rezone The applicant, Wooden LLC, requested to redesignate two parcels, including: 1) Manufacturing Industrial Center —Light (MIC/L) to Office (0) at 3912 S. 1150; and, 2) Low Density Residential (LDR) to Office at 3914 S. 115`h. The parcels are located generally at the southeast corner of the Duwamish Riverbend Hill park property. The parcel that is currently zoned LDR is vacant. The parcel zoned MIC/L is now used as a construction storage yard. The applicant offered to donate a third, small parcel across S. 116th on the river. This is not part of the Comprehensive Plan amendment/rezone consideration. (Exhibit 1, pp 1&2) (Exhibits 2 & 3) The applicant requested Office designation in order to construct an office or similar development on two parcels. Applicant's reasons for the rezone request were: a) The site is more developable if combined with the adjacent lot; b) Uses that are allowed in the proposed Office zone, such as office or gallery, would provide a transition with fewer impacts to the residential neighborhood than uses, such as manufacturing and auto repair,that could be built under the current the MIC/L zoning; c) It is more economical to build a three story building and the maximum building height in the proposed Office zone is 35'/3 stories, compared with the existing 45'/4 stories in the MIC/L lot, and 30'in the LDR lot. There were concerns raised at the public hearing related to parking and access. Future development would be required to provide parking on site, and access would be limited via S. 115th, rather than through the adjacent residential neighborhood. (Attachment 1) Planning Commission Recommendation -- Comprehensive Plan (File # L09 -064) • The Planning Commission voted to deny the request to redesignate two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) Planning Commission Recommendation -- Rezone (File# L09 -065) • The Planning Commission voted to deny the request to rezone two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) rf 2 L1.1/"YlT111111 A 10 '1f1f%f111/11 AWN', U- - -: -.. C: - -1 A......., fl 1 M/" AO1TR..14. O ti 111 08/18/2010 6 • • 2. Macadam LLC— Redesignate parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) • File #L09- 067 — Comprehensive Plan • File #L10- 002 — Rezone The applicant, Barry Becker, is requesting to redesignate one parcel from Commercial/Light Industrial to Medium Density Residential (MDR) at 4300 S. 133`d Street, Tukwila, WA (Parcel # 261320- 0131). The majority of the vacant property contains environmentally - sensitive areas, including a Type 2 stream, a Type 2 wetland, and their associated buffer areas. It also includes a steep slope with moderate potential for geologic instability. (Attachment 2 A) The property in question is immediately adjacent to a lot that is designated LDR, and that contains a single - family residence. The subject property is vacant except for a garage that serves the single - family home on the adjoining lot. The redesignation is sought in order to allow housing, rather than commercial/light industrial uses to be built adjacent to a Low Density Residential zone. Given the many environmentally - sensitive areas on the site, housing is considered to be a more appropriate use than commercial or light industrial activities. Medium- density residential would provide a better transition to the adjacent low density residential area, than the current commercial and light industrial uses that could be built under the current zoning. Medium Density residential allows up to 14.5 units per acre. In light of the site's streams, wetlands and slopes, it is likely that a maximum of five units could be built on the property, either as town homes or duplex, triplex or four -plex. If desired, a planned residential development could be built on the site in order to encourage imaginative site design by clustering homes, and to create open space in the future development that keeps features of the natural environment for the enjoyment of future residents. The property is the site of an ongoing code violation for removing vegetation and placing illegal fill in the stream buffer, and wetland buffer. The applicant applied for and has received a 50% buffer reduction that allows him to perform the required work on the site to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation, increase developable space on the site, and improve the wetland buffer. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction decision, and to proceed with consideration of the Comprehensive Plan amendment and rezone. Future multi - family development would be subject to design review, traffic impact and noise review. Planning Commission Recommendation -- Comprehensive Plan (File # L09 -067) • The Planning Commission voted to approve the request to redesignate a parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) shall be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. 2) In the event that the rezone is voided, the Comprehensive Plan Medium-Density Residential designation shall revert to Commercial/Light Industrial without further legislative action. A draft ordinance adopting the Comprehensive Plan map change per the Planning Commission's recommendation is included as Attachment 2 B Planning Commission Recommendation -- Rezone (File# L10 -002) • The Planning Commission voted to approve the request to rezone the parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) as a contract rezone with the following conditions: 1. All requirements of the following contract rezone must be met including: • All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. c. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 2 C. Tukwila South Annexation — Establish Zoning for Recently- Annexed Area • File #L10- 035 — Zoning Issue: Annexing portions of the Tukwila South Project Area inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. The recommended zoning change corrects the issue. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as described in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use map and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are required to be consistent. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will also specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, a supplemental, "overlay" zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic ( "underlying ") zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. (Attachment 3 A) rf 4 08/18/2010 8 • When the southernmost part of the Tukwila South Project Area was annexed to Tukwila, the Tukwila South Overlay zone became the applicable zoning for the annexed area. However while the Tukwila South Overlay supplements zoning under certain circumstances, it does not replace the underlying zoning. When the Tukwila South Project Area was annexed, the Comprehensive Plan designation was already in place, but identical zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had Comprehensive Plan designation and zoning, but the new annexation area had only Comprehensive Plan designation, and no underlying zoning. In addition, the new annexation area could be left without zoning in the event that the Tukwila South Development Agreement terminates before its term. The proposed amendment to the zoning map corrects the problem, by establishing zoning in the area that was annexed without underlying zoning, and making the new zoning consistent with Comprehensive Plan designations that were in place before the annexation occurred. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are the same, including: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). Planning Commission Recommendation: -- Rezone (File #L10 -034) • Establish "underlying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 3 B. RECOMMENDATION The City Council is being asked to hold a public hearing on these items at the September 13, 2010 Committee of the Whole meeting, and to take action at the subsequent September 20, 2010 Regular Meeting. ATTACHMENTS Exhibits: 1.Planning Commission Minutes (draft) 7/22/10 2.Zoning Map — Wooden LLC 3.Aerial Map — Wooden LLC 4.Zoning Map — Macadam LLC 5.Aerial Map — Macadam LLC 6.Zoning Map — Tukwila South Annexation Area Attachments: 1. #L09- 064and #L09- 065— Manufacturing Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) a. Planning Commission Staff Report (7/22/10) -r q 2. #L09 -067 and #L10-002—Macadam LLC =C ommercial/Light Industrial (CLI) to Medium Density Residential (MDR) a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance— Comprehensive Plan c. Draft Ordinance — Zoning 3. #L10- 035— Establish Zoning in Tukwila South Annexation Area a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance -- Zoning rf 6 08/18/2010 10 • PLANNING COMMISSION (PC) PUBLIC HEARING MINUTES JULY 22, 2010 The public hearing was called to order by Chair Arthur at 6:30 PM. Exhibit 1 Present: Chair, Bill Arthur; Vice - Chair, Margaret Bratcher; Commissioners, George Malina, Lynn Peterson, Brooke Alford, Thomas McLeod, and Louise Strander .x Representing City Staff: Minnie Dhaliwal, Rebecca Fox, and Wynetta Bivens. Chair Arthur noted that there was no one in the audience to testify ,and that staff was not present to give the presentation. COMMISSIONER MALINA MADE A MOTION TO ADOPT TIIE PUBLIC ILEMItiG MINUTES FROM JUNE 24, 2010. COMMISSIONER RATCHER SECONDED fH MOTION. THE MOTION WAS UNANIMOUSLY APPRO Staff noted that the public hearing notice that was mailed out li e i a ast meeting start time of"7:00 PM instead of 6:30 PM Staff also noted that the applicants were expt 7:00 PM, and requested that Case Number L10-034 be heard first on tYagenda. Chair Arthur recused himself from hearing inter L10 -034, at 6 4Qk?M because he is employed by the developer of the Tukwila South annexation ark Chair Pro -Tem Bratcher opened the public heati33 g for ase Nfi er X10-034. FILE NUMBER: APPLICANT: City of'I ila REQUEST: - ,`4,stablish ng consistent witlhComprehensive Plan designations in the fcwila Soiith annexation area 74f- MffoxijatanaAges, generjTly located between: South 188`s Street on the noiuth 20r-Tire-itl`l south; Orillia Road and Interstate 5 on the west; and the River on tme °east. ;l J cca Fox, Senior l lajr , Deparlfiraitufzeommunity Development, gave the presentation for staff aSth "s4Recommendation. tabhsh "uti flying" zoning that is the same as the Comprehensive Plan designer ons within the TukJ South. Laster Plan area that was annexed to the City of Tukwila per Ordina? , 2241. LOCATION: There was no° c testimoA r. Staff apologized toheeommission for the confusion regarding the public hearing start time. a�- There were no further comments. The public hearing was closed. The Planning Commission deliberated. COMMISSIONER MALINA MADE A MOTION TO FORWARD A RECOMMENDATION FOR APPROVAL ON CASE NUMBER L10 -034 WITH STAFF'S FINDINGS, 11 Page 2 of 6 July 22, 2010 PC Minutes • RECOMMENDATIONS, AND CONCLUSIONS, TO THE CITY COUNCIL. COMMISSIONER STRANDER SECONDED THE MOTION. ALL WERE IN FAVOR: zT Chair Arthur returned to the Council Chambers at 6:52 PM and resumed his position as Chair. Chair Arthur opened the public hearing. Chair Arthur swore in those wishing to testify. Staff reiterated that the public hearing notice mailed to the public had a meeting start time of 7:00 PM instead of 6:30 PM. MAY Chair Arthur called a recess at 6:55 PM in order to allow the secondpule hearing case number L09- 064 to start at 7:00 PM, and allow those wishing to testify time to awe. Chair Arthur re- convened the public hearing at 7:00 PM. New =atx vats wishing toatestify were sworn in FILE NUMBER: APPLICANT: REQUEST: LOCATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: L09 -064 Wooden LLC Amend Comprehensive Plan designatonaonwtwo Tots, including 11from Manufacturing/Industrial Center- Lighf' -L) to Office (Tax #1023049072); and 2) Low DensitLLesidential (LDR) tolice (0) (Tax #3351400005) 3914 S. 115t St., Tu3; WA 98188 L09 -065 Wooden LLC Amend Zoning Map desigilat jif on two 1) from Man dustrial C i ter -Light (MfC -L) to Office (Tax #1023049072); .mod 2) Low` nsity Residenfial (LDR) to Office (0) (Tax #3351400005) ,9-5914.S. 1 15' St., Tukwila, W&9,8,188 Rebecca Fox gayethe presenia' onTor ifEr.Sh rooted that the Washington Growth Management Act allows amen " e t arompi ensive Planlaind he Zoning Code once a year This year there are three requests for the Coisssion tiskt and then forward their recommendations on to the City Count',„ B 0 .p w VADYVI Alehr The applica„,,.ishes to obtainlg'fice dedgnation for two parcels in order to construct an office or similar building. Staff eves that larg '- daytime uses that are allowed in the proposed Office zone, such as office, would provre,a better try_ sition with fewer impacts to the residential neighborhood than uses, such as manufacturiti ,d aut "'repair, that could be built now with the MIC/L zoning. Maximum building heights in ther@blad Office zone are 35'/3 stories, compared with the existing 45'/4 stories in the MIC/L lot, and 30'inNie LDR lot. The applicant has offered to donate a third small, vacant riverfront parcel to the City. Ms. Fox stated the donation would not be a part of the consideration for the re -zone. Parcel one, in a manufacturing area is separated from other manufacturing uses, and is currently being used as a construction storage yard, a permitted use in the MIC/L zone. The applicant has requested to retain this use as a legal, non- conforming use for a maximum of two years if the Office designation is approved. In light of the poor economy, retaining the use for a maximum of two years would allow time to prepare for development. If conditions are not met, the Office zoning would be void and the former zoning would revert. Staff Recommendation: Approval with four conditions as listed in the July 22, 2010 staff report. 12 Page 3 of 6 July 22, 2010 PC Minutes Commissioner Alford asked for clarification on the height for Office compared to MIC/L; and — discussion followed. Commissioner Arthur asked if both parcels are entirely within the 200 foot shoreline management zone, and staff confirmed that it is. He also asked if anything was allowed to be built as it currently exist, and staff responded that they are not sure. Staff will follow -up on Commissioner Arthur's inquiry, and provide information regarding when the Shoreline Master Program will be adopted by the Department of Ecology. PUBLIC TESTIMONY: Frank Firmani, applicant stated it is his goal to construct a smart, intelligent, green, and friendly development that fits in with the park and the adjacent neighborhood.,fti „ jrmani said that the donated parcel will become part of the river front trail. He said that a mixedt§e buiigon the site would not work economically. Mr. Firmani also commented that he has met with staff iff ti arks and Recreation Department in the past, and that they are supportive of the pro M%, Eric Cobb, Architect, for the applicant, said that the impret of the MIC/L property on t park'is a significant one. He said that carefully considered landscaping requires ►opts and landscapt'bi ffers between the park and property could significantly ease the tf�ition pf tht.development.: He also said that the donated parcel is a substantive improvement to the con and the park. Kathy Desjardin, citizen, asked if there wou1 benefit to the corm unity to put an office building in between a park and residential area She raisetta-Valitother questions Bl esaid she would prefer that the zoning not be changed. Ms. Desjardin said that sliErWeived the publi notice on July 7t' and it had a comment deadline of June 21. SAM *MY Denise Meyers, citizen, saietitiaging the parcels would be aiiegative impact on the surrounding neighborhood significan She saiFiat increased traffic in the area would be a safety issue for the residents. She also saEi`t .ild be age impact to thesegptic system for the park and the residents in the neighborhood. Ms. Meyeassaid tl, donated land toll-7i City would not be beneficial. She also commented that there is no pa'gin� • Mark Lund citizen, iiiq on wh'er there has been a traffic mitigation study. He said that the proposes:arcel to be dona`te"o the Ctt�Ie's no sense. He said that the biggest issue he is worried about it iru ,jc safety, due to amount offraffic that would be leaving the area daily. Georgina Keiri.c i iizen, said th here should not be this type of building constructed in the neighborhood be it is out cr%ontext and place. She said that it would increase run -off, increase danger to pedestrian-F. thatfis too close to the residential area. Ms. Kerr supports main; dig the existing zoning. REBUTTAL: Ms. Fox addressed the comments given by the citizens. She said that any development must meet code. She stressed that there is a range of activities, such as auto repair and manufacturing that are currently permitted under the MIC /L that could be built now. Under the Office re -zone there is also a range of activities that could be built and it doesn't have to be an office building. She said that traffic access would be from S. 115th, rather than on a residential street to avoid impact on the neighborhood, and that all parking would be on site to meet code requirements. With careful site design, future development could be placed away from the neighboring LDR uses to minimize impacts. She said that a stop sign at the site would contribute to safety. She also said that any new development would be required to handle the run -off on site. Several questions were addressed. 13 Page 4 of 6 July 22, 2010 PC Minutes There were no further comments. The public hearing was closed. Chair Arthur thanked the commissioners for indulging him and allowing the public to exceed the five minute testimony time limit. He said that the commissioners get a perspective from the community when they get public input, which they are not privy to with just a staff report and input from property owners. He said that he appreciates the people who take the time and effort to provide the public input, and five minutes just doesn't do it sometimes. He also said that the exchanges tonight between the public and staff were well worth hearing. The Planning Commission deliberated. Chair Arthur clarified that the Planning Commission would make aIrecomn erid°ation to the City Council and that the City Council will make the final decision. Commissioner Peterson said he thinks that a re -zone toiIC ff ce use would create fewer` mpacts, and it seems more functional than the MIC/L use. He also saidth„ ,there waf no compelling evidence to deny the proposed re -zone, and he is in support of the re -zone. Commissioner McLeod said if he was to summarize it, he would'ake; ,t the way that Commissioner Peterson summarized it. He also said that stif j gcumentation listi t the current use of the MIC /L could be, and how it could or wouldn't change oned, was ye 3r elpful. terAW Commissioner Alford said for the record, she h a ead the" et ery thoroughly and that she appreciates all of the informatiojthat was presented: the said ift 6iiew zoning is approved that she hopes the property owner yffillifi i to what he has°froposed. She said that it is probably the best solution when looking At"the allowed ses for the MICA,. She said what is there now makes for a disturbing view from:,k, and shvould be in supportof whatever they could do to get rid of it She said that she has a problem v FlG,twoffore;r ears of the current use if it is re -zoned for the applicant, and that it would be a.huge allow end^ ap sorne.1 nd of visual mitigation should occur and something bea%rded'ta the citii l -in the con t itty. Staff said.f there is consensamong W;rtmission, they could amend condition # 2 of the proposed to requi a of screeniniA Commissioner ,.thur said thank does not see any compelling reason for the re -zone, but he sees a number of reasori,to approthe change. He went over the six bullet items in section #4, page 6 in the staff report, and",,rl,explaf ation on his opposition with each of the statements. Commissioner Arthur also said that h e ="a'1S sme questions regarding the appropriateness of the public notice. Commissioner Strander said that she concurs with the comments made in appreciation of the testimony. She said that she has reviewed the Zoning Code and all of the different uses that could be applied to the Office designation. She said she also concurs with Commissioner Alford regarding the applicant meeting all of the traffic requirements, and Commissioner Arthur's comments regarding the notice. Commissioner Bratcher said it needs to be kept in mind that they may be setting precedent for temporary zoning to flip flop back and forth. She said that either they should change the use, or they don't. She also said that she has a slight problem with changing the use and allowing non - conforming use. 14 • Page 5 of 6 July 22, 2010 PC Minutes COMMISSIONER MALINA MADE A MOTION ON L09 ..064, COMPREHENSIVE PLAN AMENDMENT AND L09 -065, RE- ZONE, TO FORWARD THE RECOMMENDATION TO THE CITY COUNCIL TO DENY THE OFFICE USE AND STAY WITH THE MIC/L. COMMISSIONER MCLEOD SECONDED THE MOTION. COMMISSIONER ARTHUR CALLED FOR A HAND VOTE, AND THE REQUEST WAS DENIED, FOUR TO THREE. COMMISSIONERS PETERSON, ALFORD, AND STRANDER VOTED IN FAVOR OF THE RE- ZONE. There were no further comments. The public hearing was closed. The Planning Commission deliberated. Chair Arthur opened the public hearing. FILE NUMBER: L09 -067 APPLICANT: Macadam LLC REQUEST: Amend Comprehensive Planmde on fron_ ommercial/Ligh `dustrial (C/LI) to Medium Density Resider: i-; II (Tax# 2613200134) LOCATION: 4300 S. 133rd St., Tukwila, WA FILE NUMBER: L10 -002 APPLICANT: Macadam LLC REQUEST: Amend Zoning Map de gnat a a im: Commercianight Industrial (C/LI) to Medium Density Residef tia1 (MDR (Ta ct# 26,1.`200131) LOCATION: 4300,.S:3:3rd St., Tukwila; A afaV Rebecca Fox gave the pftentationie%taff. The intent is to provide a better transition between Commercial/Light Indus'tlaton the East and single farrily..._,liousing on the West by constructing housing. . Approximately 80 % of the ' pertyTj iyetland or buffer. and 20% can be developed; which would allow four to five units Staff recommendation7Arproyal ofr4,tontract rezone with the following two conditions: All code violationTeek, inclui..the conditions outlined in the Special Permission Director (Fle.# L09 -014) is to" tcomplefi`by the applicant and finalized by the City of Tukwila by Devber 31, 2010. (Irlie staffreport, the deadline was December 1, 2010, but staff extended it to Dec ' ber 31, 2010, jet' the applicant's request.) B) In the evnthat the abo ce condition is not met by the deadline above, the rezone shall be voided. Medium deret4esuatiai zoning shall revert to Commercial/Light Industrial without further legislative action, There were no further comments. Berry Becker, applicant, commented that existing trees provide some noise buffer in the area. Staff stated that noise impacts from Sound Transit should be considered if housing is built in the future. There was no public testimony. The public hearing was closed. The Planning Commission deliberated. 1 G Page 6 of 6 July 22, 2010 PC Minutes 1 COMMISSIONER MALINA MADE A MOTION TO FORWARD TO THE CITY COUNCIL APPROVAL FOR L09 -067, COMPREHENSIVE PLAN AMENDMENT, AND L10 -002 RE- ZONE, BASED ON STAFF'S FINDINGS, CONCLUSIONS, RECOMMENDATIONS, AND CONDITIONS, WITH A REVISED DEADLINE OF DECEMBER 31, 2010, ON CONDITION "A ". COMMISSIONER BRATCHER SECONDED THE MOTION. ALL WERE IN FAVOR. DIRECTOR'S REPORT • The Commission was informed that the Community Development Director continuing work on the budget. • A Light Rail community meeting was held last month and Sound Transit staff briefed the Sound Transit Board. The meeting can be reviewed on -line. • There was inquiry from Commissioner Peterson on when the TUdmeetings will resume. Staff will follow up on this, and have a schedule provided to the Pj TTg ommission. Meeting Adjourned: Submitted by: 9:32 PM Wynetta Bivens Secretary Viry aura ,rtrrwrrirarsr. rat▪ a Irma err.. AW arr parr..... A. Ara rrurr arrrn a rinm 16 L09 -064 Comprehensive Plan amendment — Manufacturing industrial Center/Light (MICA.) to Office (0), and Low Densiity :Residential (LDR) to Office (0) L094)65 Rezone— Manufacturing Industrial Center/Light (MICA.) to Office (0), and Low Density'Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC/L) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay Zoning Lines a t EXHIBIT 2 Wooden LLC naoo' • • L09-067 Comprehensive Plan amendment—Commercial/Light Industrial (CU) to Medium Density Residential (MDR) L10-002 Rezone—Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) EXHIBIT 4 RAnnnrinn, 1 1 ri 1D-41,5,0 Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center CJLI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas gm 555 55 Tukwila City Limits Annexation Area /Establish Underlying Zoning • ' Tukwila South Overlay District EXHIBIT 6 Establish Tukwila South Annexation Area Zoning c H:',PL ANN ING'•Comp Plan 8 Zone Amentl12010 com_zone amerxt\Estab Tuk south overlay (list teaer enema • ATTACHMENT 2 MACADAM, LLC COMPREHENSIVE PLAN / ZONING MAP STAFF REPORT TO THE PLANNING COMMISSION HEARING DATE: July 22, 2010 NOTIFICATION: ATTACHMENT 2 A Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 Site posted, 7/13/10 FILE NUMBER: L09 -067 (Comprehensive Plan Amendment) L10-002 (Rezone) APPLICANT: Macadam LLC REQUEST: Amend Comprehensive Plan/Zoning Map from Commercial/Light Industrial (C /LI) to. Medium Density Residential (MDR) LOCATION: 4300 S. 133rd Street, Tukwila (Tax Parcel #261320 -0131) COMPREHENSIVE PLAN DESIGNATION: Commercial /Light Industrial (C /LI) ZONE DESIGNATION: Commercial /Light Industrial (C /LI) SEPA DETERMINATION: Determination of Non - significance (DNS), 7/21/10 STAFF: Rebecca Fox ATTACHMENTS: A. Application (L09- 067)— Comprehensive Plan B. Application (L10- 002)— Zoning Map Change C. Minutes —City Council Regular Meeting, 7/6/10 D. Aerial vicinity with zoning E. Zoning map F. Topographic Survey Rf 1 W: \Users Minnie\Minnie - -PC Staff Reports \PC .Staff.Rpt.Macadam- Becker..doc 07/15/2010 78 FINDINGS Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320- 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single - family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinitv /Site Information Site: The property is located on the comer of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the Rf 2 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports \ PC .Staff.Rpt.Macadam- Becker..doc 79 west of the property, crosses over S. 133 rd via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single - family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial /light industrial and residential uses. The majority of the subject property contains environmentally - sensitive areas, including Southgate Creek, a Type 2 salmon- bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single - family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C/LI zone to the north, south and east. Topography separates the subject property from single - family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue South. COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The proposed Comprehensive Plan change from C /LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi - family housing to be built. Four broad - reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Rf 3 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports \ PC .Staff.Rpt.Macadam - Becker..doc 80 Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi - family homes, including owner- occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi - family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi - family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single -and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi- family or single - family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. This policy demonstrates the community's commitment to residential neighborhoods, including multi - family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial /light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial /Light Industrial on the east, and the Low Density Residential on the west. Goal 7:2 Noise Abatement — Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. Rf 4 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC.Staff.Rpt.Macadam - Becker..doc 81 2) Impacts MDR would allow housing on the now - vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi - family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial /Light Industrial Zone. The proposed medium- density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial /light industrial designation, would bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single - family homes. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Altemately, the public need for businesses that produce employment and revenue might be met by retaining the existing C /LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C /LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. Rf 5 07/15/2010 W: \Users\Minnie'Jvlinnie - -PC Staff Reports \ PC .Staff.Rpt.Macadam- Becker..doc 82 A Planned Residential Development; permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job - producing business on the site. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? • Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential ", and to provide housing in a stable neighborhood. • The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. 2) Impacts? • New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 3) Meeting identified public need? Other options? • Designating new Medium Density Residential provides the option of additional housing for the area. • Housing could be provided by designating the property as Low Density Residential (LDR) • Retaining the Commercial /Light Industrial zoning retains the somewhat distant option of eventual employment and revenue - producing development. 4) Benefit to the community? • The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. • New development that enhances the site's environmental characteristics benefits the community. • The change to housing use, will remove the opportunity for a commercial /light industrial use. Rf 6 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Macadam - Becker..doc 83 COMPREHENSIVE PLAN— RECOMMENDATION: Staff recommends the following: Approve the Comprehensive Plan Map amendment of property located at 4300 S. 133rd Street (Tax # 2613200131) from Commercial /Light Industrial to Medium Density Residential with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. 2) In the event that the contract rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial/Light Industrial without further legislative action. FILE #L10 -002 -- ZONING MAP AMENDMENT/REZONE 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), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: • Plan Objective #1 —To improve and sustain residential neighborhood quality and livability • Goal 3.1 Continue to provide the City's fair share of regional housing • Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi - family households. 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. 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ..."intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses..." Multi- family duplex, triplex, fourplex units, townhouses up to four attached units, or detached zero -lot -line units are permitted with heights up to 30 feet. One detached P1 7 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Macadarn- Becker..doc 84 • single :family dwelling unit is permitted per lot. This type of development is consistent - with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial/light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well- suited to a carefully -sited multi - family residential development, or Planned Residential Development (PRD). 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. In a broad sense, allowing additional, denser multi - family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well- designed multi - family residential development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety and comfort through good design. Site - specific development will be planned carefully to accommodate both site - specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. Rf 8 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Macadam - Becker..doc 85 • • 2) Consistency with Zone: • The desired multi - family residential zoning permits a range of housing to be built, including duplex, tri-plex, four -plex and townhouses. 3) Changed conditions: • Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: • New housing development is in the community interest. • Residential development that is sensitive to the site's environmental characteristics benefits the community. ZONING — RECOMMENDATION: Staff recommends the following: Approval of the Zoning map amendment for property located at 4300 S. 133rd Street (Tax # 2613200131) from Commercial/Light Industrial to Medium Density Residential with the following conditions: a) All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 2010. b) In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. Rf 9 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC.Staff.Rpt.Macadam- Becker..doc 86 • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 981 Via:: a -.: `gin Eiv;. Telephone: ('206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci. tkwila. wa. us ATTACHME TT A • COMPREHENSIVE PLAN AMENDMENTS �i� :.e L:i.v �'in'�•o5 APPLICATION %Le eo --m5s- NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 4 3 S ' 33 `��� c. = S �` S /230 s,. LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has fall responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. :/p rl / c4 4/ .J Name: Address: c t/ ! S .• / f i P ' �v /G c�., �,� G'i•. C) ?'r6 Phone: .G��k, '- s�• i — �5 FAX: ['16 -- �/ (, °- g-s 5 E -mail: Glj ediL,y.1� VAL4e1Ca i� Signature: �!! U . Date: / 2 Z £ C P: \Planning Forms \ Applications \CompPlan j g- 6- 06.doc Attachment A 87 FOR STAFF USE ONLY Permits Plus Type: P CPA Planner: R.bc., C C..cc_ F X File Number: 1.G' CF-4 Application Complete (Date: / -I / a ) Project File Number: Application Incomplete (Date: I/24/10 ) Other File Numbers: L j o -- 00.2_ l-vq --c+l i. s'ntc r i e. Pes-vi tslrr c K - A tv-e cY•/-c._ QP.A — r,13 34'_— %Le eo --m5s- NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 4 3 S ' 33 `��� c. = S �` S /230 s,. LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has fall responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. :/p rl / c4 4/ .J Name: Address: c t/ ! S .• / f i P ' �v /G c�., �,� G'i•. C) ?'r6 Phone: .G��k, '- s�• i — �5 FAX: ['16 -- �/ (, °- g-s 5 E -mail: Glj ediL,y.1� VAL4e1Ca i� Signature: �!! U . Date: / 2 Z £ C P: \Planning Forms \ Applications \CompPlan j g- 6- 06.doc Attachment A 87 STATE OF WASHINGTON Y OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, VVA 98188 --- Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 4y .i o 0 5' / 3 3 azo , 5 F _ for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the Loss or damage is the result of the sole negligence of the City. 6. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at IAI iC . (city), 4) (state), on IZ )2 "t , 20 01 Print Name �4v-rti 3 e L d? Address yct/ly S- / 3 / sr /a/. / ✓�w lsp_ Phone Number LO 6 -- �. 7 fQ — 4i v g" 3 Signature c (#1 r t —GP� On this day personally appeared before me R'�irl"4 to me lcnown to be the individual who executed the foregoing instrument and acknowledged thAt he/stig signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS L41 DAY OF 1ZC2 VA:ea , 20 C9 [ (� 00111IHItfiM !} ,Ci. .' G z , 0 A. Hod t._ NOTARY PUBLIC in stir! or the State of Washington ngton ' 9 Fes, r , o V10 TAR >� .n. ;�t'C M GcJ. v,. - residing at ! t a11 • I`4y Commission expires on �Cqj j Ze 12� . N ':1 p(IBLIG R, : 2 - *•'74.,* �` G4' Oti O . GSr i .'L:.'O't `. 02 • i P: \Planning Forms \ Applications \CompPlenChg- 6.06.doc December 4, 20D6 88 CO1\7PIZEFIr:NSIVF PLAN Ai\1ENU1i\'1ItNi CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.050) Demonstrate how each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: 1. Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for the proposed change? 2. Why is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? 3. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. P: \Planning Forms\ Applications \CompPlanChg- 6- 06.doc,12/04/06 89 �,utiiptcucimivc plan diiaii k.xi IAA ia City of Tukwila• 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 • a� Aga 160 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133` St (tax Parcel # 26 -13 -20 -0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel # 734060 -0722) in Tukwila Washington. A) Comprehensive plan Amendment Criteria 1) We propose a Comprehensive plan change rezone for the East half of property from Commercial / light Industrial to MDR to make the single owner contiguous property all residential which will be Tess environmental impactand topographically contiguous with the existing residential. (The West half of property will remain LDR) 2) This proposed Comprehensive Plan change will meet the need of the community by providing affordable housing. 3) The Proposed Change will be net benefit to the community by providing Medium Density Residential buffer between the existing Commercial / Light industrial and the LDR to the West thus increasing LDR property values adjacent to the West and surrounding area. B) Comprehensive Plan Amendment Criteria 1) We propose a Comprehensive plan Amendment and Zone Change to Residential from Commercial / Light Industrial to make very small available Industrial area (that is left after wetland buffers and Creek buffers) contiguous with adjacent property existing residential zoning. The Industrial property that is currently available is not adequate size to be developed for Commercial / light industrial and is topographically cut off from the adjacent industrial properties to the east and South by a wetland and South Gate Creek. Thus it makes sense to make it Residential. 2) The anticipated impacts of new residential development will be minimize by for example we will provide onsite drainage that will mitigate impact on the City storm drain system and provide eco friendly wetland improvements and passive energy designed houses. 3) The current Comprehensive plan designation is deficient because the available industrial or commercial area is cut off by a small hill and wetland/ stream to the rest of the C/LR to the East. (Thus commercial traffic access through residential). 4) This proposal will work within the Growth Management Act and comply with requirements that may be identified. It will offer affordable residents with community enhancing inward focusing design to promote neighborhood and wellbeing safety. 5) This proposal provides goals that are specific in county planning such as following King County on site drainage requirements and wetland enhancement. 6) This proposal should have low to no impact on City infrastructure. With our proposed on site drainage we will have minimal impact on the storm drain system detention capacity and addition of 7 additional structures, residential sewer should be small percentage capacity increase with existing sewer and water laterals available in the adjacent streets. 7) This proposal should be minimal impact to City required capital improvements. 8) There are no other requested changes in City Code or regulations at this time. 1 90 'Section 15.:7 23. Ni R..4 E. LEGAL Di§CR/PnoN• .. :That .portion. if 14 4b, • Riverside 'interurban •Tracts,= • • ea awn in. Yolume: 10'01 •Plata. ,Pege 74. Records • of Ring County,- Wiahiogton, lying .north of South 133rd Street, east.of 42nd 'Avenue South. -and south • -of • the south 'line of South 132nd= Street; • together • • the west hell of.vacated 43rd Avenue South • adjoining, and •BXCITT atatt:highway right- of -wey: . Paicd $' 1'bat .'portiin of .tot 18. Fostoria .Garden 'tracts, • as .. _shown' in •'Ydlume 9 et Plate. • Page 95. Records of 1Geg: County, . aaahiegtan, and vacated Squire Street. • lying north .01 Pacthe. Highway," SYCBP7 the on thereof'1 east of State ,Highway deeded bpy u • .Ordinance .No:...610285 and except state highway, • right -of -ray. • • • • CITY OF TTIKWILA Department of Community Development ,�...: ,,, 6300 Southcenter Boulevard, Tukwila, WA 987 &8. Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us ACHMENT B. ZONING CODE ... vi AMENDMENTS � r�i/r..• SIJI�i IV !' FOR STAFF USE ONLY Permits Plus Type: P -ZCA Planner: e ccic. Ft.)X File Number: , i " L 1 0 —00Z, Application Complete (Date: 5 fr/io ) Project File Number: ' Application Incomplete (Date: 1/25110 ) Other File Numbers: L 1' —0/, ,-/ Cpec:c tiG Perin/fit: if-n (�:,eJ -v. t--0 5 "O I`f- NAME OF PROJECT/DEVELOPMENT: A- 0 S''$i L A2, IL'1 L_%: C, 0..t,/fLert4,4a,itiT LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and • subdivision, access street, and nearest intersection. 530 S. /.?3A4, S7 $' 13/ 31: 1eee- - ,t-►,. -s= CO rw mll. Er- LIST ALL .TAX LOT NUMBERS (this information may be found on your tax statement). O/3 /ice LL t 6) t'' ri j I:-7U A-t-rJ. 4-efe. '16)( `73V -0 tr7 9 Cyr A - 1, &'tetg1 05V DEVELOPMENT COORDINATOR : The individual who: O has decision making authority on behalf of the applicant in meetings with City staff, O has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and o is the primary contact with the City, to whom all notices and reports will be sent. Name: � i�2 /l. Address: IV YY6 s', / . ?l5i _ 1`�/. Tvi�ty; l�� t ck 6/6 Phone: 2.[)6 2,(ed cel?3 FAX:, C� ry a• t��G 2 yh` 40 Date: /'2.-_ •Z9*-01 E -mail: Qc_ Signature: P: \Planning Forms \Applications \ZoneChng- 6- 06.doc Attachment B 93 • CITY OF TUKWILA STATE OF WASHINGTON COUNTY OF KING • Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan ®ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at • (city). (state), on • 20 Print Name Address Phone Number Signature On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF , 20 P: \Planning Forms \Applications \ZoneChng- G- 06.doc NOTARY PUBLIC in and for the State of Washington residing at on My Commission expires December 4. 2006 94 ZONING CODE. AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or. a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; (2) That 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; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map;. and (4) That 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 neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. P: \Planning Forms \ Applications \ZoneChng- 6- 06.doc December 4.2006 95 95 Zone Arnendrrilt Criteria 110 12 -28 -09 City of Tukwila 6300_S_outh_center Blvd. Suite 100 Tukwila; Wa 98188 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133` St (tax Parcel # 26 -13 -20 -0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel # 734060 -0722) in Tukwila Washington. A) Zone Amendment Criteria 1) This Requested Zone change is consistent with the Comprehensive plan policies in that we will be providing a less environmentally impacting project that is closer in adjacent contiguous use that is residential. 2) The title and description of the zone map changes are consistent with the zone use classification requested that shall be medium density residential which will complement and enhance the adjacent Low density residential directly to the west. 3) There are nuances to and changed conditions of zoning layout that cannot be fully understood at initial time of designation. For example, the newer Sensitive Area Ordinance and environmental setbacks and property development restrictions now change how this property can be accessed and developed. In the past we could develop buildings in the wetland area and put roads and bridge across streams without much restriction. With the new wetland restrictions and Buffer requirements, the area remaining for Commercial Industrial use is cut off from the Industrial to the East. Therefore in order to use as currently Zoned we would need to provide Commercial industrial traffic through the residential neighborhood and LDR on the upper half of site. 4) This proposed Zone change will be in the best interest and welfare of the public safety by providing a lower impact use. The development will . also provide inward focused community and neighborhood building design layout that will promote safety and prowler visibility. This will also build and light previous vacant lot area that will make it more safe. 96 1 96 •• . . ., . . • ' . .. . . .... • . •..• . • ••• ..• • . -1,14.7.EL:,.:1-LP.496F-13.-1-7":. • .* :." .::. • : .. : ..- :: ..: .. • : • • '' , •-•• •-• -'. • . •••• ' .:, A Portion of the NW 1/4\Of ili..:pie.::1/4; . , ... , - • • ...• :-.....--mtippAtftiaroopomyti... • .••••• •.... . ,..i. i • , .,... King County, ; Washington- .. ., • .. ....,1,.....rp93..... .. 1..er. " 15 :F94 R ...... : • • . . . • . .. • • . • . • . • . . ..• • . .... i-telinotum=ntg,- . . . • --4;5.-rrtFT: 641.41 . - • • .. ... .. • • - •-• • .. ... , . . . . , ... . . , • . -. . . •.... : . . • . . ...• .. : • ,_-..: .. Sectiorf 15, - T 21 it R. 4 E . • • •• _ • .. . - • . • - . . . • 1454 aolaves. .• peNtakois sy • .. . • . sosi,";.•i- f. • . . • . • • •UU Hal-4 7 . . • • .- . • - , • • 77re • .44...1.,a) ,. • . , . -..:: ... _ .. . .,.,. .... •• • . • .• • • • • . . • - • • 4 • • -':VIC7IVITe. MAP:. • •.. • SCAM- I 1/4•AillE . • • • . • • . . : • • . • • • • . . . • • LECAL baCRIP.7701V- • :* • . . 3411I e,p4o f. RE-1741.310 I • I •.• Jik --S•701- 67. —WALE- 7 • . •••,•• ,. • • . • • - • • -•• -P-Aregal:::;.:*14A-eoc;:b -6722: . . • .. • . : • • • . •.'• • .: .:That.portion. Of Let 444•Riversicie 'Interurban "ireet.s,...% • -.••• • • ai•ithown In Valuate: 10' Of .P00 74, Recardi lying -mirth of South • • -: . '.,133rd Street, emit .of 42neAsonue • South, -and south • .ol" the south line • of South • 122neStreet; :together.: .. • • the west-half of !vacated 43rd Avenue South - ' ,. • • adjolaim mullOCCEP2' state:. highWay zight-o1p 15;40-61•1 - •-, ..• . • " ThiWikSaiOn of .Lot 18, Fostoiii _Garden ilmoti, as . • la Arttiume El- of Rate:, Etats 95, Riptide of • , • lang..rallneYollaibington, and vacated Squire Street, • Wog north .of -Paolfic.ffighinty. EXCEPT -the portion • thereottring*.aost of State *ghee); deeded by ' . • • • Ordinance .NO: 816285 and. except state highvay • • . right-0171w. • . • .• . . . . •. • • •• , . .. • . .• .• • .. •.RECEIV14.) • PEC t 0 1.619 DATA: N- 150.60' 6.u•n'3r 1.109.!1• • • • • 4% R — FENCE TREE LEGEND 10UN0 BRASS LIONUMENT tN CASE - FEEL 7001 SET S/6• RE -BAR & CAP FEBRUARY 2002 SEWER MANHOLE STORM DRAIN MANHOLE ROCK WALL BLOCK WALL CRAWL SURrACE CURVE TABLE EL EA . RAIDUS LENCM 617621- 738 '00' • 510'01• 57a00 1,5.80 985.27 16a56 117.16 86.66 UNE TABLE 71RECi10N v 09173'00 E V 8036'45 C V 7640f5° W V 67 '0775- W 3078 45' W DISTANCE ALSO' 67.90' sets,' 51.85' 47.06• • • • mot 70610.A • row 15.71 t 6• NR 6.10• rc 6• Nt: 7.66 It 6' ifs 7.59 LEGAL DESCRIPTION . Parcel d ' That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records of King County, Washington, lying north of South 133rd Street; east of 4End Avenue South, and south of the south line of South 192nd Street; together with the west half of vacated 49rd Avenue South adjoining,. and EXCEPT state highway right -el -way. Parcel B That portion of Lot 18, Fostoria Garden Tracts, as • shown In Volume B of Plats, Page 95, Records of . King County. Washington. and vacated Squire Street, lying north of Pacific Highway. EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of -way. • s • co `v co r It 6• NR 0.47 • 1E 5. 1rcs 9.41 e r St: i.42 $. 11 . • 1 I VERTICAL DATUM: NAVO 1988 . i BENCHMARK: CP17005 -164 WSDOT -BRASS DISIL 1 . ' 04 CONCRETE LOCATED IN 114E PAVED AREA . i BETWEEN THE MAINLINE OF NB Sets AND THE ! • ON- -RA61P FROM INTERURBAN AVE. : 1.. . ELEVATION .. 15.99 FEET. 1 . 1 • 9EARMVO: KNO COUNTY ASSESSOR MAP . �t . -- 7,,.65 • i x5575' • 't_�..J i 3"•71. . . 5. 1331• Street i •'\ 50 0 50• • .5cale.i' =50N . 150 TOPOGRAPHIC SURVEY MAP .. A Portion of the NW 1/4 of the N4, Sec. 15, T 23 N, R 4 EWM, King County, Washington Section 15, T 23 N, R 4 E • ATTACHMENT C Tukwila City Council Regular Meeting Minutes , Page 3 of 6 July 6, 2010 MOVED-BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1719. 2. A resolution declaring two aged and obsolete Fire Department Amkus Rescue Systems and accessory equipment surplus and authorizing their donation. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL RESCUE SYSTEMS AND ACCESSORY DECLARING TWO AGED AND OBS OLETE EQUIPMENT SURPLUS, AND AUTHORIZINGTHEIR DONATION. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1720. b. 2010 Comprehensive Plan Amendments. (The Council may: • Refer the proposal as is to the Planning Commission for further review; or • Modify the proposal and refer to the Planning Commission for further review; or • Defer consideration until alater time to get more information; or • Reject the proposal.) MOVED BY ROBERTSON, SECONDED RECOMMENDATION.* ON AS IS TO THE PLANNING COMMISSION FOR F URTHER REVIEW AND A Frank Firmani, 2400 NW 80TH Street, #162, in Seattle, explained he is confident they can work proactively with neighbors and the Friends of the Duwamish during the planning process. Mayor Haggerton asked if he is speaking in favor of the motion, and Mr. Firmani responded in the affirmative. •MOTION CARRIED 6 -0. c. Noise Regulations: 1. An ordinance updating regulations relating to noise as codified at Tukwila Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE ORDINANCE RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED N CARRIED 6-0 TO ADOPT ORDINANCE NUMBER 2293CE BE ADOPTED AS READ. MOTION 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. Attachment C99 L09 -067 Comprehensive Plan amendment -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial /Light Industrial (CILI) to Medium Density Residential (MDR) Zoning Lines ATTACHMENT D ft Macadam LLC 1" = 419 ' 101 L09 -067 Comprehensive Plan amendment--Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) MCommercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Gionff.... Zoning Lines ATTACHMENT E I� Macadam LLC 1 " =400t 103 Q DATA: R:Iioea' A.1179'7r L.IO9.7r • • • � OA • • . LEGEND FOUND BRASS MOYUA(avr . MV CASE - FEB. 2002 'SET 5/a" RE -BAR & CAP FEBRUARY 2002 satR MANHOLE STORM DRAM MANHOLE ROCK WALL • BLOCK WALL 3 GRAVEL SURFACE — FENCE IRE/ CURVE TABLE ELTA . . 60671' 73870" 57001" RAVIUS 571100 11560 96537. LIMN 161156 117.16 8&86 LINE TABLE 71REOI U '. V 098600" E Y 803645' E • V 7640'45' W V 6287'5" W i 5076'45" W DISTANCE 2 &30' 67.90' 6&51' 67.85' 47.06' ♦. 1- r • RrNle ao •� arNC -7.69 ul r St: 7.59 • • • • LEGAL DESCRIPTION Parcel it That portion of Lot 48, Riverside Interurban Tracts' as shown in Volume 10 of Plats, Page 74, Records. of Xing County, Washington. lying north of South 133rd Street; east of 42nd Avenue. South, and south of the south line of South 132nd Street; together with the west half of vacated 43rd Avenue South adjoining,. and EXCEPT state highway right -of -way. • ThaPaattep Boon of • Lot 18. Fostorie Carden Tracts. as shown in Volume 9 of Plats. Page 95, Records of . King County, Washington. and vacated Squire Street, lying north of Pacific .Highway, EXCEPT the portion thereof lying east of State Highway deeded. by . • Ordinance No. 618585 and except state highway right-;of-way: 55104 1119111.A I 1E r NR 6.47 9i r NE: 6.47 IL r SE: 6. 42 VERTICAL DATUM NAVD 1988 BENCHMARK: CP17005 -264 WSDOT•BRASS DISK M CONCRETE LOCATED M THE PAVED AREA BETWEEN THE MAINLINE OF NB SR5 AND TIE• ON -RAMP FROM INTERURBAN. AVE. ELEVATION a 25.99 FEET. SEARING: KMD COUNTY ASSESSOR'S MAP A ;uawtpeuy .Seals 1' = .50 H • TOPOGRAPHIC SURVEY MAP : for Mr. Barr/ Becker A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T 23 N, R 4 E, King County, Washingt Section 15, T 23 N, R 4 E Attachment 2B DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on. July 7, 2010, Comprehensive Plan amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of the application to amend the Comprehensive Land Use Map designation, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be best served by approving the application to amend the Comprehensive Land Use Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby-adopts the Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. W:\ Word Processing \ Ordinances \Comp Plan Amend Macadam - I.doc RF:mrh 08/16/2010 Page 1 of 2 105 • • Section 2. Re- designation Approved. The property ie-cated -at 4300 S. 133rd Street, including Tax Parcel #2613200131 and described- in the attached Exhibit 2, is hereby approved to be re- designated from Commercial/ Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following: A. All requirements of the following contract rezone must be met including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event that the above condition is not met by the deadline above, the Residential designation shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. B. In the event that the rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial /Light Industrial without further legislative action. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show this change in designation. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five 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 , 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit 1- Exhibit 2 - Exhibit 3 - Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Findings and Conclusions, Planning Commission Staff Report (File #L09 -067 & L10 -003) Legal Description Comprehensive Plan Map W:\ Word Processing \Ordinances \Comp Plan Amend Macadam - 1.doc RF:mrh 08/16/2010 Page 2 of 2 106 • • EXHIBTT 1 Findings and Conclusions Planning Commission Staff Report (File # L09 -067 and L10 -003) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker /Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320 - 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single- family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the west of the property, crosses over S. 133rd via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single- family house located on the adjacent lot, also owned by the applicant, W: \Word Processing \Ordinances \Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 1 of 6 107 • • immediately to the west. The=ssubj ect C /LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally - sensitive areas, including Southgate Creek, a Type 2 salmon- bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single - family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single - family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue South. COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The proposed Comprehensive Plan change from C /LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi - family housing to be built. Four broad - reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi - family homes, including owner - occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi- family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. W: \Word Processing \Ordinances \Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 2 of 6 108 Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi - family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single - and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi - family or single - family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. This policy demonstrates the community's commitment to residential neighborhoods, including multi- family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial /light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial /Light Industrial on the east, and the Low Density Residential on the west. Goal 7.2 Noise Abatement—Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. 2) Impacts MDR would allow housing on the now -vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD). could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi - family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial/Light Industrial Zone. The proposed medium - density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial /light industrial designation, would W: \Word Processing \Ordinances \Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 3 of 6 109 --- -bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single- family homes. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C /LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C /LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job - producing business on the site. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? • Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential ", and to provide housing in a stable neighborhood. • The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. W: \Word Processing \Ordinances \Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 4 of 6 110 • • Impacts? - - - - - ® New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. ® Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 2) Meeting identified public need? Other options? o Designating new Medium Density Residential provides the option of additional housing for the area. • Housing could be provided by designating the property as Low Density Residential (LDR) • Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue - producing development. 3) Benefit to the community? ® The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. • New development that enhances the site's environmental characteristics benefits the community. ® The change to housing use, will remove the opportunity for a commercial/light industrial use. W: \Word Processing \Ordinances \Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 5 of 6 111 EXHIBIT 2 That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W: \Word Processing\ Ordinances\ Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 6 of 6 112 • City of Tukwila Jim Haggerton, Mayor Department of Community Development ...) Jack Pace, Director CHAIR, BILL ARTHUR, VICE - CHAIR, MARGARET BRATCHER, COMMISSIONERS, GEORGE MAUNA, LYNN PETERSON, BROOKE ALFORD, THOMAS MCLEOD AND LOUISE STRANDER PLANNING COMMISSION PUBLIC HEARING JULY 22, 2010 - 6:30 PM TUKWILA CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER II. ATTENDANCE III. ADOPTION OF 06 -24 -10 MINUTES IV. FILE NUMBER: L09 -064 APPLICANT: Wooden LLC REQUEST: Amend Comprehensive Plan designation on two lots, including 1) from Manufacturing/Industrial Center -Light (MIC -L) to Office (Tax #1023049072); and 2) Low Density Residential (LDR) to Office (0) (Tax #3351400005). LOCATION: 3914 S. 115`h St., Tukwila, WA 98188 V. FILE NUMBER: L09 -065 APPLICANT: Wooden LLC REQUEST: Amend Zoning Map designation on two lots, including 1) from Manufacturing/Industrial Center -Light (MIC -L) to Office (Tax#1023049072); and 2) Low Density Residential (LDR) to Office (0) (Tax #3351400005). LOCATION: 3914 S. 115th St., Tukwila, WA 98188 VI. FILE NUMBER: L09 -067 APPLICANT: Macadam LLC REQUEST: Amend Comprehensive Plan designation from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) (Tax# 2613200131). LOCATION: 4300 S. 133rd St., Tukwila, WA VII. FILE NUMBER: L10 -002 APPLICANT: Macadam LLC REQUEST: Amend Zoning Map designation from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) (Tax# 2613200131). LOCATION: 4300 S. 133`d St., Tukwila, WA Page 1 of 2 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Page 1 of 2 Planning Commission July 22, 2010 • • VIII. FILE NUMBER: L10 -034 APPLICANT: City of Tukwila REQUEST: Establish zoning consistent with Comprehensive Plan designations in the Tukwila South annexation area. LOCATION: Approximately 259 acres, generally located between, South 188th Street on the north; South 204`h Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east. Director's report Adjourn `♦ • • STAFF REPORT TO THE PLANNING COMMISSION HEARING DATE: July 22, 2010 NOTIFICATION: Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 Site posted, 7/13/10 FILE NUMBER: L09 -067 (Comprehensive Plan Amendment) L10-002 (Rezone) APPLICANT: Macadam LLC REQUEST: Amend Comprehensive Plan/Zoning Map from Commercial /Light Industrial (C/LI) to Medium Density Residential (MDR) LOCATION: 4300 S. 133rd Street, Tukwila (Tax Parcel #261320 -0131) COMPREHENSIVE PLAN DESIGNATION: Commercial/Light Industrial (C/LI) ZONE DESIGNATION: Commercial/Light Industrial (C /LI) SEPA DETERMINATION: Determination of Non - significance (DNS), 7/21/10 STAFF: Rebecca Fox ATTACHMENTS: A. Application (L09- 067)— Comprehensive Plan B. Application (L10- 002) — Zoning Map Change C. Minutes —City Council Regular Meeting, 7/6/10 D. Aerial vicinity with zoning E. Zoning map _ F. Topographic Survey Rf 1 07/15/2010 W: \Users\MinnieWlinnie - -PC StaffReports \PC.Staff.Rpt.Macadam - Becker..doc FINDINGS Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial /Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320 - 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single - family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the Rf 2 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports \PC. Staff.Rpt.Macadam- Becker..doc • • __west of the property, crosses over S. 133rd via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single - family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial /light industrial and residential uses. The majority of the subject property contains environmentally - sensitive areas, including Southgate Creek, a Type 2 salmon - bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single - family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C/LI zone to the north, south and east. Topography separates the subject property from single - family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue South. COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The proposed Comprehensive Plan change from C/LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi - family housing to be built. Four broad - reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Rf 3 07/15/2010 W: \Users\Minnie\Minnie - -PC StaffReports \PC.Staff.Rpt.Macadam- Becker..doc • • Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi - family homes, including owner- occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi - family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi - family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single -and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi - family or single - family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. This policy demonstrates the community's commitment to residential neighborhoods, including multi - family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial /light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial /Light Industrial on the east, and the Low Density Residential on the west. Goal 7.2 Noise Abatement — Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial Light Industrial zoning and uses. Rf 4 07/15/2010 W:\ Users \Minnie\Minnie - -PC Staff Reports\ PC.Staff.Rpt.Macadam - Becker..doc • • 2) Impacts MDR would allow housing on the now -vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi- family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial /Light Industrial Zone. The proposed medium- density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial /light industrial designation, would bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single- family homes. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C /LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The - current C /LI designation irnmediately_adjacent to_LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. Rf 5 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC.Staff.Rpt.Macadam - Becker..doc A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job - producing business on the site. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? • Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential ", and to provide housing in a stable neighborhood. • The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. 2) Impacts? • New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial /light industrial activity on the site. • Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 3) Meeting identified public need? Other options? • Designating new Medium Density Residential provides the option of additional housing for the area. • Housing could be provided by designating the property as Low Density Residential (LDR) • Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue - producing development. 4) Benefit to the community? • The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. • New development that enhances the site's environmental characteristics benefits the community. • The change to housing use, will remove the opportunity for a commercial/light industrial use. Rf 6 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC.Staff.Rpt.Macadam - Becker..doc COMPREHENSIVE PLAN — RECOMMENDATION: Staff recommends the following: Approve the Comprehensive Plan Map amendment of property located at 4300 S. -133rd Street (Tax # 2613200131) from Commercial /Light Industrial to Medium Density Residential with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. 2) In the event that the contract rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial /Light Industrial without further legislative action. FILE #L10 -002 -- ZONING MAP AMENDMENT/REZONE 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), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: • Plan Objective #1 —To improve and sustain residential neighborhood quality and livability • Goal 3.1 Continue to provide the City's fair share of regional housing • Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi - family households. 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 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ... "intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses..." Multi - family duplex, triplex, fourplex units, townhouses up to four attached units, or detached zero - lot -line units are permitted with heights up to 30 feet. One detached Rf 7 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC.Staff.Rpt.Macadam - Becker..doc • • single - family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial /light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well- suited to a carefully -sited multi - family residential development, or Planned Residential Development (PRD). 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. In a broad sense, allowing additional, denser multi - family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well- designed multi - family residential development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety and comfort through good design. Site - specific development will be planned carefully to accommodate both site - specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. Rf 8 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Report s\ PC.Staff.Rpt.Macadam - Becker..doc • 2) Consistency with Zone: • The desired multi - family residential zoning permits a range of housing to be built, including duplex, tri-plex, four -plex and townhouses. 3) Changed conditions: • Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: • New housing development is in the community interest. • Residential development that is sensitive to the site's environmental characteristics benefits the community. ZONING — RECOMMENDATION: Staff recommends the following: Approval of the Zoning map amendment for property located at 4300 S. 133rd Street (Tax # 2613200131) from Commercial/Light Industrial to Medium Density Residential with the following conditions: a) All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 2010. b) In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. Rf 9 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC.Staff.Rpt.Macadam - Becker..doc '-4 • a CITY OF TUKWILA Department of Community Development A COMPREHENSIVE 6300 Southcenter Boulevard, Tukwila, WA 981 _ _ C,PI NED PLAN Telephone: (206) 431 -3670 FAX (206) 431 -3665 t N 11 E -mail: tukplan@ci.tukwila.wa.us AMENDMENTS APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -CPA Planner: File Number: Application Complete (Date: 5' fr/ / Li) `1- -1) Project File Number: Application Incomplete (Date: 2� /.rte ) Other File Numbers: L. j 0 -- oe, .Z NAME OF PROJECT/DEVELOPMENT: Log -611 S'p .G' :-L Perm /Srra0 - D lee c.to aPA -tee 7.? i. ii.' i 0 •— �Lj S' LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 4/300 33, S' C©rit cat �' �' /fU S S /$3A0. s!� LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). a /3 o Oi.31 -0j DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: 1,3 A ��E' c Address: Y Yj‘; s • l 3/5/- )2/ /G L1-.. ?/' Phone: ;26)6- y - sS FAX: X06 — <2. ip -- C3 . E -mail: G'{ C C. G1.. rv' c Ci Cyr Signature: P: \Planning Forms \ Applications \CompPla hg- 6•06.doc Date: /2_ ~' Z S' —Q Attachment A STATE OF WASHINGTON CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. 1 am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 4' .3 0 Li 5 / 2 3 „tj F - for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any Toss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. I EXECUTED at iotilitaM (city), WA (state), on 12 / 2't , 20 ci Print Name r3 ftl, r 8 4- �✓ Address 7 Cl 4/6 5 / .3 / sr /mil. 77- �:cv. 4 Phone Number 20 6 -- .Z t ' -- Y e s' 3 Signature On this day personally appeared before me k."-,111^1.4 Cx to me known to be the individual who executed the foregoing instrument and acknowledged tit he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS Gel DAY OF 4 ie.CQ ►1A\ .Y , 20 ```(011I11111f1��j'I luilk tip` #' `5810N• e• • di''/'j� *MTA )/P C 0• C residing at .�t�Li /• 411•0`14 My Commission expires on sM `, .sk Puat.tG 1, :2z . ' STA &ST 1 q�•••�O�� • Op wASN,v i 112JRzL NOTARY PUBLIC in acid or the State of Washington P: \Planning Forms \ Applications \CompPlanChg- 6- 06.doc '/ / Zoo z_ December 4, 2006 COMPREHENSIVE PLAN AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.050) Demonstrate how each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: 1. Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for the proposed change? 2. Why is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? 3. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. P: \Planning Forms \ Applications \CompPlanChg- 6 -06.doc, 12/04/06 Comprehensivilan change Criteria 110 12 -28 -09 City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133m St (tax Parcel # 26 -13 -20 -0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel # 734060 -0722) in Tukwila Washington. A) Comprehensive plan Amendment Criteria 1) We propose a Comprehensive plan change rezone for the East half of property from Commercial / light Industrial to MDR to make the single owner contiguous property all residential which will be less environmental impact and topographically contiguous with the existing residential. (The West half of property will remain LDR) 2) This proposed Comprehensive Plan change will meet the need of the community by providing affordable housing. 3) The Proposed Change will be net benefit to the community by providing Medium Density Residential buffer between the existing Commercial / Light industrial and the LDR to the West thus increasing LDR property values adjacent to the West and surrounding area. B) Comprehensive Plan Amendment Criteria 1) We propose a Comprehensive plan Amendment and Zone Change to Residential from Commercial / Light Industrial to make very small available Industrial area (that is left after wetland buffers and Creek buffers) contiguous with adjacent property existing residential zoning. The Industrial property that is currently available is not adequate size to be developed for Commercial / light industrial and is topographically cut off from the adjacent industrial properties to the east and South by a wetland and South Gate Creek. Thus it makes sense to make it Residential. 2) The anticipated impacts of new residential development will be minimize by for example we will provide onsite drainage that will mitigate impact on the City storm drain system and provide eco friendly wetland improvements and passive energy designed houses. 3) The current Comprehensive plan designation is deficient because the available industrial or commercial area is cut off by a small hill and wetland/ stream to the rest of the C/LR to the East. (Thus commercial traffic access through residential). 4) This proposal will work within the Growth Management Act and comply with requirements that may be identified. It will offer affordable residents with community enhancing inward focusing design to promote neighborhood and wellbeing safety. 5) This proposal provides goals that are specific in county planning such as following King County on site drainage requirements and wetland enhancement. 6) This proposal should have low to no impact on City infrastructure. With our proposed on site drainage we will have minimal impact on the storm drain system detention capacity and addition of 7 additional structures, residential sewer should be small percentage capacity increase with existing sewer and water laterals available in the adjacent streets... 7) This proposal should be minimal impact to City required capital improvements. 8) There are no other requested changes in City Code or regulations at this time. 1 1\ otp PAD Peozry UNE A :Portion of ... the NW 1/4 of the .f.J .1/4,:. .Sec. 15, .T.23 N, R '4: /Ong.: County, . Washington Secflon 15;7 23. N R, 4 E• 6T SITE vicmorr MAP' • • SCALE • 1 "INCH a 1 /44111E . LEGAL DESCRIPTION- . ...:. ... parse .A-: ' - 74OCoO R. 0722 . That.portion. Of LOA 48, Riverside 'Interurban Tracts, as Shown in Volume: 10' Of Plata „Page 74, Records •of icing County, Washington,. lying north of South .::133rd Street, east.of 42nd Avenue•South, and south of. the south 'line of South- 132nd :Street; : together . tiith•the west 'half of -vacated 43rd Avenue South • httfoining, and SSCBPT state::highway, right—of.-Way: Parcel B :2 -i3 -zo oESi That portion of Lot 19, Fostoiia .Garden tracta,`as .. aho;in' in :Yb1ume 9 of Plata. • Page 95, Records of Xing; County,. Washington, and vacated Squire Street, lying north :of°Pacifc. Highway,• IVICRPT the portion thereof-lying eagt of State Highway deeded by . Ordinance No:;1618285 and except state highway, . right —of -way. • • .RFCE;L D. DEC 30203: C • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98788, Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us • ATTACHMENT B. ,,..„,,ZONING CODE —AMENDMENTS NAME OF PROJECT/DEVELOPMENT: rzr=A- 06• Y2- e/ APAu4 9_,tiffLerttio.AjT LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and • subdivision, access street, and nearest intersection. 5 goo 5. /.?3A0 57 - c 13/ 34 71 ay. ) LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). '4" � %, .� �..� —0 /j' (i✓ciT ) W TL: f-k) ,7G Ar J' •••••)( -73L-V1 a•724, 9L t DEVELOPMENT COORDINATOR : The individual who: • Vii.f A- - h ✓6.{.x'1) l) 9}-0 s' 7' o has decision making authority on behalf of the applicant in meetings with City staff, 9 has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and o is the primary contact with the City, to whom all notices and reports will be sent. Name: t / Alit Address: 4 ti J Phone: s'... ,3 /s / _ �!: _ _ T�k :- < �.r, gib �- 3 lU S" FAX: t<; ;- 4/ -6 E -mail: I ' , Signature: /V J 71—°"uG 74- P: \Planning Forms \Applications \ZoneChng- 6- 06.doc Date: . / Attachment B FOR STAFF USE ONLY Permits Plus Type: P -ZCA Planner: r2c2be((-ec fx File Number: 't i l 1 1-40 — OOL Application Complete (Date: 5 fr/io ) Project File Number: ' Application Incomplete (Date: j'2511 a ) Other File Numbers: L 0 t —04, ,1 Cec.c t— Perim t1;riv r... W;,'e,.kN it...or/ -Q pi- NAME OF PROJECT/DEVELOPMENT: rzr=A- 06• Y2- e/ APAu4 9_,tiffLerttio.AjT LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and • subdivision, access street, and nearest intersection. 5 goo 5. /.?3A0 57 - c 13/ 34 71 ay. ) LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). '4" � %, .� �..� —0 /j' (i✓ciT ) W TL: f-k) ,7G Ar J' •••••)( -73L-V1 a•724, 9L t DEVELOPMENT COORDINATOR : The individual who: • Vii.f A- - h ✓6.{.x'1) l) 9}-0 s' 7' o has decision making authority on behalf of the applicant in meetings with City staff, 9 has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and o is the primary contact with the City, to whom all notices and reports will be sent. Name: t / Alit Address: 4 ti J Phone: s'... ,3 /s / _ �!: _ _ T�k :- < �.r, gib �- 3 lU S" FAX: t<; ;- 4/ -6 E -mail: I ' , Signature: /V J 71—°"uG 74- P: \Planning Forms \Applications \ZoneChng- 6- 06.doc Date: . / Attachment B 1 CITY OF TUKWILA • Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY 00,1-1-CL\ir/*-uti STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the Toss or damage is the result of the sole negligence of the City. 6. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. ss EXECUTED at (city), (state), on , 20 Print Name Address Phone Number Signature' On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF , 20 NOTARY PUBLIC in and for the State of Washington residing at on My Commission expires P: \Planning Forms \ Applications \ZoneChng- 6- 06.doc December 4. 2006 ra� i4 • The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or. a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; (2) That 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; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and (4) That 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 neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. P: \Planning Forms\ Applications \ ZoneChng-6-06.doc December 4, 2006 95 96 Zone Amendment Criteria _City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 • 12 -28 -09 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133` St (tax Parcel # 26 -13 -20 -0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel # 734060 -0722) in Tukwila Washington.. A) Zone Amendment Criteria 1) This Requested Zone change is consistent with the Comprehensive plan policies in that we will be providing a less environmentally impacting project that is closer in adjacent contiguous use that is residential. 2) The title and description of the zone map changes are consistent with the zone use classification requested that shall be medium density residential which will complement and enhance the adjacent Low density residential directly to the west. • 3) There are nuances to and changed conditions of zoning layout that cannot be fully understood at initial time of designation. For example, the newer Sensitive Area Ordinance and environmental setbacks and property development restrictions now change how this property can be accessed and developed. In the past we could develop buildings in the wetland area and put roads and bridge across streams without much restriction. With the new wetland restrictions and Buffer requirements, the area remaining for Commercial Industrial use is cut off from the Industrial to the East. Therefore in order to use as currently Zoned we would need to provide Commercial industrial traffic through the residential neighborhood and LDR on the upper half of site. 4) This proposed Zone change will be in the best interest and welfare of the public safety by providing a lower impact use. The development will also provide inward focused community and neighborhood building design layout that will promote safety and prowler visibility. This will also build and light previous vacant lot area that will make it more safe. 1 • p'aSFx _jSF 7 . tai % FRM H -112:449Drtip p 8s1tA1m.': • .A:Portion of . .'•. the NW 1 /4,of -Ser. 15,..T,.23 N; .R 4 ;4E,: W.11(1. King :Cotinty;:.Washington. Section 1.5;•T 23. !, R. .4 E • r :. 1 rozcH 133,74) E. `VICINITY AlAP' • sum 1 INCH a 1 /4-;uaE . 'LEGAL DESCRIPTION • : • • . 'That. portion of Let 48, Riverside 'laterw -ban -Traets,= '- ' idiom 1n Volume; 10 • of •PJats, .Page 74, Jlecords • . •of King County,••Weiblugton, lying north of South ' ,133rd Street, east.of 42nd' Avenue•South, -and south • -of' the south line of South' 132ad'< Street: :together .: • iiith-the west..helf of waceted 43rd Avenue South • adjolniag,• and'':SXCBPT state: highway right —of -way: pai��r a' That;poitioa of Lot 18, Fostoria .Garden '94aots, as . ahoiia' is ; Viilume 9 of Plate;. Page 95, Reoords of 1Q ag:Couat7;...Washington, and vacated Squire. Street, lying north .of •Pacific. Highway, EXCEPT .the portion • • thereof Jy1ng•. east of State Highway deeded by Ordinance No: 618285 and- ezcept state highway • . right —of —way. . • • . -1M -09 . CD Rf .CEP: tiJ DEC 302O3: LEGEND roUNO BRASS MONUMENT IN CASE - FEE. 2002 SET 3/6' RE -8AR & CAP FEBRUARY 2002 SEWER MANHOLE STORM DRAW MANHOLE ROCK WALL a BLOCK WALL CRAM SURFACE — FENCE TREE CURVE TABLE EL IA . RAOILS LENGTH 6118'21° 738'00` 310.01* 570.00 115.80 983.37 16a56 117.16 88.86 • LINE TABLE 'MICRON DISTANCE V 0906'00' E V 8036'45' E V 76'0'45' W V 62V7•25' W T 5078'45' W 28J0' 67.90' 68.51' 61.85' 47.06' DMA, a■IS060' 6.4179'36' 1.106.21' LEGAL DESCRIPTION Parcel A That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records of Xing County, Washington, lying north of South 133rd Street, east of 42nd Avenue South, and south of the south line of South 192nd Street; together with the west half of vacated 43rd Avenue South adjoining,. and EXCEPT state highway right -of -way. parcel I1 That portion of Lot 18, Fostoria Garden Tracts, as shown In Volume 9 of Plats. Page 95, Records of King County, Washington. and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by . Ordinance No. 618285 and except state highway right -of -way. • • I 1j &=, bU ao .� YN cu cLiv) . yi OA7E 3-2-10 . • 531.01 Mt �• a rc 0 4410 647 ID 6' s[: 6.47 rc 6' st: 6.42 WARM TONG COUNTY ASSESSORS MAP s e9E3•IS t y 50 0 50 • • Scele.l' = 50 R • • 150 TOPOGRAPHIC SURVEY MAP • for • VERTICAL DATUM: NA VD 1988 ► BENCHMARK: CP17005 -264 WSDOT•BRASS DISK IN CONCRETE LOCATED IN THE PAVED AREA . .: BETV/EEN THE MAINLINE OF NB SR5 AND THE • ON -RAMP FROM INTERURBAN AVE . ELEVATION a 25.99 FEET. • '1. A Portion of the NW 1/4 of the NE 1/4 Sec. 15, T 23 N, R 4 E, W: King County, Washington • Section 15, T 23 N, R 4 E • • Tukwila City Council Regular Meeting Minutes July 6, 2010 ATTACHMENT C Page 3 of 6 MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1719. 2. A resolution declaring two aged and obsolete Fire Department Amkus Rescue Systems and accessory equipment surplus and authorizing their donation. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING TWO AGED AND OBSOLETE AMKUS RESCUE SYSTEMS AND ACCESSORY EQUIPMENT SURPLUS, AND AUTHORIZING :THEIR DONATION. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1720. b. 2010 Comprehensive Plan Amendments. (The Council may: • Refer the proposal as is to the Planning Commission for further review; or Modify the proposal and refer to the Planning Commission for further review; or • Defer consideration until a'later time to get more information; or • Reject the proposal.) MOVED BY ROBERTSON, SECONDED BY DUFFIE TO REFER THE PROPOSAL AS IS TO THE PLANNING COMMISSION FOR FURTHER REVIEW AND A RECOMMENDATION.* Frank Firmani, 2400 NW 80T" Street, #162, in Seattle, explained he is confident they can work proactively with neighbors and the Friends of the Duwamish during the planning process. Mayor Haggerton asked if he is speaking in favor of the motion, and Mr. Firmani responded in the affirmative. *MOTION CARRIED 6 -0. c. Noise Regulations: 1. An ordinance updating regulations relating to noise as codified at Tukwila Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE ORDINANCE RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS. AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR "SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2293. 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. Attachment C J D S 1 uo 3J St t. LD 0# Proposed CL/I to MDR LDR se • GIS, Tukwiiri (1) w M -crsive LD L09 -067 Comprehensive Plan amendment -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) ..•••••• Zoning Lines ATTACHMENT E N Macadam LLC 1" =400' OAT& 71150.1:10' e- 1179'56' 1- 109.21' LEGEND • FOUND BRASS MOVUMENr IN CASE - FEB. 2002 SET 5/8" RE -BAR & CAP FEBRUARY 7002 SEBER MANHOLE STORM DRAIN MANHOLE ROCK WALL 8L0rX WALL CRAM. SURFACE — FENCE IR£E CURVE TABLE ELrA 6'08'1 75800' 570'01" RADIUS 57a00 115180 985137. LENGTH 161256 117.16 8886 LNE TABLE 7IRECRON :. v o9136.00" E DISTANCE 28.30' V 805645' E V 7640'45" W V.62V725" W S 507845' W 67.90' 68.51' 6 ►.85' 47.06' 6 r Ne: 0.10 r 7.69 1E e' $: 7.59 LEGAL DESCRIPTION Parcel B That portion of Lot 48, Riverside Interurban Tracts, es shown In Volume 10 of Plats, Page 74, Records. of King County, Washington, lying north of South • 133rd Street. east of 42nd Avenue .South, and south of the south line of South 132nd Street; together . • with the west half ,of vacated 49rd Avenue South adjoining,. and EXCEPT state highway right —of —way. •Parcel Q That portion of Lot 18, Fostoria Carden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington. and vacated Squire Street, lying north of Pacific .Highway, EXCEPT the porUon thereof lying east of State Highway deeded. by . Ordinance No. 818285 and except state highway right -of —way. • 5901 1U1MA 79 '0500.47 1E r e 601 0.47 IE r 591 0.42 VERTICAL DATUM: NAVD 1988 BENCHMARK: 0P17005 -264 WSDOT BRASS IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINLINE OF NB SR5 AND 111 ON -RAMP FROM INTERURBAN AVE ELEVATION a 25.99 FEET. 9EARIVG 1ONO COLOVTY ASSESS075 513952.15. E • I 311.72 5, 3rd Street .Scale 17 6 50 11 TOPOGRAPHIC SURVEY MAP for Mr. Barry Becker Tt&Lunn Wachinatnn DRANK BV 08✓ DAIE 3 -2 -70 A Portion of DISK the NW 1/4 of the NE 1/4, Sec. 15, T 23 N, R 4 E, W.M. King County, Washington . . E• Section 15, T23N, R 4 E • VICINITY MAP STATE OF WASHINGTON DEPARTMENT OF COMMERCE 128 - 10'1 Avenue SW • PO Box 42525 • Olympia. Washington 98504 -2525 • (360) 725 -4000 July 8, 2010 Rebecca Fox Senior Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Ms. Fox: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Proposed 60 -Day notice to consider comprehensive plan amendments and rezones. These materials were received on July 06, 2010 and processed with the Material ID # 15858. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please call me at 360.725.3056. Sincerely, Rinda Wei Ike Nwankwo Technical & Financial Assistance Manager Growth Management Services • City of Tukwila Notice of Application Location -4300 S. 133 St., Tukwila, WA File #'s: L09 -067, L10 -002 Applicant:Barry Becker Property Owners: Barry Becker Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Comprehensive Plan designation and zoning on property located at 4300 S. 133rd St., Tukwila, WA (Tax # 2613200131) The request is to change the current Comprehensive Plan designation and zoning from Commercial/Light Industrial (C/LI) to Medium property. Density Residential (MDR). A Type 2 stream and Type 2 wetland are located on the Comments : The applications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd #100, Tukwila, WA. We request your written com- ments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Pro- vide comments by 5:OOpm on June 8, 2010. Public Meeting: You are invited to comment on the request at a public meeting scheduled for June 28, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. After hearing comments from the public at its meeting, the City Council will decide whether to forward the request to the Planning Commission for additional review. Please phone 206 -431 -3683 to confirm the June 28, 2009 meeting date. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206 -431 -3683. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 TUKWILA COMMUNITY MEMBER 13319 MACADAM RD S TUKWILA WA 98168 ii. at* Department Of Community AFFIDAVIT of J u: iwita IP Development OF DISTRIBUTION I, Teri Svedahl HEREBY DECLARE THAT: Notice of Public Hearing Project Number: L09 -067, L10 -002 Determination of Non- Significance Rebecca Fox „ Notice of Public Meeting / ) Mitigated Determination of Non - Significance Board of Adjustment Agenda Packet Determination of Significance 86 Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed/attached on this _11 day of May in the year 2010 W: \USERS \TERI\AFFIDAVIT OF DISTRIBUTION.DOC Project Name: Barry Becker/ Macadam - Becker Comp Plan Rezone Project Number: L09 -067, L10 -002 Mailing requested by: Rebecca Fox „ Mailer's signature: / ) W: \USERS \TERI\AFFIDAVIT OF DISTRIBUTION.DOC OWNER NAME R HOUSE CONSTRUCTION INC TUKWILA COMMUNITY MEMBER GULLY,PAUL M RINEHART,LINNEA TUKWILA COMMUNITY MEMBER FARNAM,RYAN C & AMBER D TUKWILA COMMUNITY MEMBER CHURCH OF NEZIAH GILL,ANTONE & ERVINA LILJESTRAND,JAMES & DIANE K B HARTY,LAUREN G TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER SMITH,TODD R POIRIER,KONRAD JOANNE M TUKWILA COMMUNITY MEMBER FOSTORIA PARK ASSOC LLC GANTZ,PATRICK A & KATHLEEN D TMACSONS LLC DELTA MASONIC SEBCO INC CHANTHAPHONE,PHAISANE GILLISPIE,CATHY D TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER GAYTHER,JIM TUKWILA COMMUNITY MEMBER OWNER_ADDRESS 1001 N TACOMA AVE 13011 MACADAM RD S 13017 MACADAM RD S 13025 MACADAM RD S 13030 41ST AVE S 13031 MACADAM RD S 13039 MACADAM RD S 13045 MARADAM RD S 13103 MACADAM RD S 13111 MACADAM RD S 13119 MACADAM RD S 13130 44TH AVE S 13136 MACADAM RD S 13305 MACADAM RD S 13319 MACADAM RD S 13325 MACADAM RD S 13405 43RD AVE S 13407 42ND AVE S 15100 SE 38TH ST 792 22027 6TH AVE S 105 27013 PACIFIC HWY S 313 30923 36TH AVE SW 4020 E MADISON ST 320 4031 S 148TH ST 4116 S 131ST ST 4122S131STST 4123 S 130TH ST 4126 S 131ST ST 4130 S 131ST ST 4175S131STST 4310 S 131ST ST 4320 S 131ST ST 4385 S 133RD ST 4400 S 131ST PL 4404 S 133RD ST 4435 S 134TH PL OWNER_CITY TACOMA TUKWILA TUKWILA TUKWILA TUKWILA SEATTLE TUKWILA TUKWILA TUKWILA SEATTLE TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA SEATTLE TUKWILA BELLEVUE DES MOINES DES MOINES FEDERAL WAY SEATTLE TUKWILA SEATTLE TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA SEATTLE TUKWILA OWNER_STATE OWNER ZIP WA 98403 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98006 WA 98198 WA 98198 WA 98023 WA 98112 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 • • BECKER,BARRY R TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA SCHOOL DISTRICT EKBERG,ALLAN E & CAMOZZI KNUDSON,GERALD NORTH STREAM DEVELOPMENT SMITH,TODD R NORMED -SHAW PARTNERSHIP SEATTLE SMSA LIMITED PRTN STARK,BEN G & DARRYL J Barry Becker /Macadam LLC 4446 S 131ST PL 4487 S 134TH PL 4495 S 134TH PL 4640 S 144TH ST 4920 S 161ST ST 6402 S 144TH ST 1 720 4TH AVE 102 8129 HUDSON PL SW PO BOX 3644 PO BOX 91211 PO BOX 98638 4446 S. 131st StREET TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA KIRKLAND WA LAKEWOOD WA SEATTLE WA BELLEVUE WA SEATTLE WA TUKWILA WA 98168 98168 98168 98168 98188 98168 98033 98498 98124 98009 98198 98168 Page 1 of 1 N1EA -5,9 56 '' U1IR APN 2613200131 CityGIS 198 ft Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. i Nl cAcci(n http: // maps. digitalmapcentral .com /production/CityGIS /v07_01 _062 /index_62b.html Om: keecv 04/14/2010 Rebecca Fox - Incomplete application materials deadline lotastimemir or, Page 1 of 1 From: Rebecca Fox To: ace_construct @yahoo.com Date: 04/07/2010 3:28 PM Subject: Incomplete application materials deadline Hello Barry, Per our phone conversation, I understand that you intend to bring in the materials that are needed to complete your Comprehensive Plan /Rezone applications on April 19, 2010 when you return to Seattle. If the applications are not complete by April 26, 2010, they will be canceled. Thank you. Best, Rebecca rox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206 - 431 -3683 (tel) 206 - 431 -3665 (fax) rfox @ci.tukwila.wa.us file: / /C:\ temp\ XPGrpWise\ 4BBCA48Etuk- mai16300- po100134633511 E1F51 \GW} 00001... 04/21 /2010 Page 1 of 1 Rebecca Fox - Becker Property- -Comp Plan, Rezone, Buffer Reduction, Code Violation From: Rebecca Fox To: ace_construct @yahoo.com Date: 04/06/2010 1:30 PM Subject: Becker Property- -Comp Plan, Rezone, Buffer Reduction, Code Violation Attachments: Hello Mr. Becker, I know that you're on vacation. Please review the attached letter that discusses deadlines and requirements for the Comp Plan amendment, rezone, Special Permission - -Buffer Reduction and code violation issues. Meeting: Minnie Dhaliwal and I can meet with you on Monday, April 12 at 2 p.m. at the site. Please let me know if this works for you. (You'd requested a meeting on Monday, April 15, but that is a Thursday, so I'm assuming that you meant Monday, April 12. I will be out of the office from April 15 through April 28.) Incomplete Comprehensive Plan /Rezone Application deadline - -April 26, 2010: As of now, your applications for Comprehensive Plan and Rezone are incomplete. Celeste mentioned that you were interested in delaying review of the rezone and Comp Plan. Unfortunately, we do not have the option of delaying consideration of your current application until 2011. You must submit the missing materials by April 26, 2010 or the applications will be canceled. If you do not meet the April 26, 2010 for providing all the Comprehensive Plan and Rezone application materials and the application is canceled, you may reapply for consideration in 2011. However, please note that you will need to resubmit application materials and will need to pay new application fees. I hope that you have a good vacation. Please contact me to confirm that you've received this email. Thank you. Rebecca lox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206 - 431 -3683 (tel) 206 - 431 -3665 (fax) rfox @ci.tukwila.wa.us file: / /C:\ temp\ XPGrpWise\ 4BBB3779tuk- mail6300- po100134633511E1A51 \GW} 00001.... 04/21/2010 n Cityof Tukwila Jim Haggerton, Mayor %t Department of Community Development Jack Pace, Director NOTICE OF COMPLETE APPLICATION May 5, 2010 Barry Becker 4446 S. 131st St Tukwila, WA 98168 RE: Macadam LLC L09 -067 (Comprehensive Plan Amendment) C/LI to MDR L 10 -002 (Rezone) C/LI to MDR Dear Mr. Becker: Your applications for a Comprehensive Plan Amendment and Rezone for property generally located at 4300 S. 133rd St., Tukwila, WA from C/LI to MDR, are considered complete on May 5, 2010 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the City of Tukwila from requiring that you submit , additional plans or information, if we believe such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. You must now have the public notice board for this project manufactured and installed on site as soon as possible. Contact Julie at FastSigns directly at 206 - 575 -2110 with your payment of $365. The City of Tukwila will coordinate the public notice mailing with installation of the public notice board. If you have questions, you may contact me at (206)431 -3683 or via email at rfox @ci.tukwila.wa.us Sincerely, Rebecca Fox Senior Planner Rf 1 05/12/2010 fl•ICOUP PLAN 1009- 2010IRrrker - -C7I- X11) RIC'nmploIvrracc- Rprkvr- -C'1.1 in MDR- pdfdnr 6300 Southcenter Boulevard, Suite #100 • Tukwila. Washington 98188 • Phone 206 -431 -3670 • Fax: 206- 431 -3665 Page 1 of 2 Rebecca Fox - Fwd: Becker Property- -Code Violation, Special Permission, Comprehensive Plan & Rezone From: To: Date: Subject: Attachments: B. Rebecca Fox ace_construct@yahoo.com 03/24/2010 3:32 PM Fwd: Becker Property- -Code Violation, Special Permission, Comprehensive Plan & Rezone Hi Mr. Becker, I'm resending the email that was sent to you on 3/1/7/10. It summarizes the materials that you need to provide,and the schedule in order for the City of Tukwila to review your applications for Comprehensive Plan amendment and rezone. Please reply to this message to confirm that you've received it. Thank you. »> Rebecca Fox 03/17/2010 1:23 PM »> Dear Mr. Becker: This message will summarize our discussion last week with you, Celeste Botha and DCD staff. As discussed, it is necessary to provide the following before we can proceed with your rezone and comprehensive plan amendment applications: 1) Complete Comprehensive Plan amendment /Rezone Applications Provide all the materials that are required to complete your applications. For your convenience, the letter of January 26, 2010 is attached. 2) Special Permission /Buffer Reduction Provide a revised planting plan and schedule for removing fill from and planting the affected buffer and wetland areas no later than April 15, 2010. Provide an estimate of the cost /value of mitigation (fill removal, site preparation, invasive plant control, planting, mulching, etc.), as well as a cost /value for maintenance and monitoring for a 5 year period, no later than April 15, 2010. As a requirement of the Special Permission /Buffer Reduction, you will provide bonds for the value of removing the illegal fill, and monitoring the wetland for five years to ensure that plantings are established . 3) Wetland & Buffer Planting Once the Special Permission /Buffer reduction is issued, complete the planting for the wetland and the buffer (the portions that won't be potentially affected by possible future stormwater features) no later than Mav 31, 2010. Planted areas will need to be watered through the summer and fall (in dry periods) and possibly the summer of 2011 until plants are established. Therefore, the revised wetland /buffer mitigation plan should indicate how watering will be done and the frequency. 3) Obtain Public Works Permit and Resolve Code Violation Once the City has issued the Special Permission for work in the wetland and buffers, resolve your code violation issues by carrying out the first phase of the mitigation plan (minus the buffer area referenced above to be mitigated at a later date), i.e., removing the illegal fill in the wetland and buffer area, controlling invasive plants and replanting. Prior to beginning work to remove the illegal fill, you shall apply for and obtain a Public Works permit. Submit complete Public Works application materials as soon as possible prior to April 12, 2010 We need to keep this moving forward by addressing the Code Violation, and Special Permission. If you are unable to meet the schedule, it may be necessary to postpone consideration of your application for Comprehensive Plan amendment and rezone until next year. file: / /C:\ temp\ XPGrpWise \4BAA3092tuk- mail6300 -po 100134633511 DFB31 \GW} 00001... 04/21/2010 • • Page 2 of 2 Please reply to this message to confirm receipt. You may contact me if you have questions. Sincerely, Rebecca rox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206 - 431 -3683 (tel) 206 - 431 -3665 (fax) rfox @ci.tukwila.wa.us file: / /C:\ temp\ XPGrpWise \4BAA3092tuk- mail6300 -po 100134633511 DFB31 \GW} 00001... 04/21/2010 111 Page 1 of 2 Rebecca Fox - Becker Property- -Code Violation, Special Permission, Comprehensive Plan & Rezone From: Rebecca Fox To: ace_construct @yahoo.com Date: 03/17/2010 1:23 PM Subject: Becker Property- -Code Violation, Special Permission, Comprehensive Plan & Rezone Attachments: Dear Mr. Becker: This message will summarize our discussion last week with you, Celeste Botha and DCD staff. As discussed, it is necessary to provide the following before we can proceed with your rezone and comprehensive plan amendment applications: 1) Complete Comprehensive Plan amendment /Rezone Applications Provide all the materials that are required to complete your applications. For your convenience, the letter of January 26, 2010 is attached. 2) Special Permission /Buffer Reduction Provide a revised planting plan and schedule for removing fill from and planting the affected buffer and wetland areas no later than April 15, 2010. Provide an estimate of the cost /value of mitigation (fill removal, site preparation, invasive plant control, planting, mulching, etc.), as well as a cost/value for maintenance and monitoring for a 5 year period, no later than April 15, 2010. As a requirement of the Special Permission /Buffer Reduction, you will provide bonds for the value of removing the illegal fill, and monitoring the wetland for five years to ensure that plantings are established . 3) Wetland & Buffer Planting Once the Special Permission /Buffer reduction is issued, complete the planting for the wetland and the buffer (the portions that won't be potentially affected by possible future stormwater features) no later than May 31, 2010. Planted areas will need to be watered through the summer and fall (in dry periods) and possibly the summer of 2011 until plants are established. Therefore, the revised wetland /buffer mitigation plan should' indicate how watering will be done and the frequency. 3) Obtain Public Works Permit and Resolve Code Violation Once the City has issued the Special Permission for work in the wetland and buffers, resolve your code violation issues by carrying out the first phase of the mitigation plan (minus the buffer area referenced above to be mitigated at a later date), i.e., removing the illegal fill in the wetland and buffer area, controlling invasive plants and replanting. Prior to beginning work to remove the illegal fill, you shall apply for and obtain a Public Works permit. Submit complete Public Works application materials as soon as possible prior to April 12, 2010 We need to keep this moving forward by addressing the Code Violation, and Special Permission. If you are unable to meet the schedule, it may be necessary to postpone consideration of your application for Comprehensive Plan amendment and rezone until next year. Please reply to this message to confirm receipt. You may contact me if you have questions. Sincerely, file: / /C:\ temp\ XPGrpWise\ 4BA0D7DBtuk- mail6300- po100134633511DE891 \GW} 0000... 04/21/2010 ID Page 2 of 2 Rebecca Jox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206 - 431 -3683 (tel) 206 - 431 -3665 (fax) rfox @ci.tukwila.wa.us file: / /C:\ temp\ XPGrpWise \4BA0D7DBtuk- mai16300 -po 100134633511DE891 \GW }0000... 04/21/2010 Rebecca Fox - Business Licence for Contractor Storage Area From: Rebecca Fox To: ace_construct @yahoo.com Date: 03/08/2010 5:40 PM Subject: Business Licence for Contractor Storage Area Page 1 of 1 Hi Mr. Becker, Glad that you and Celeste were able to come in today to discuss the various issues pertaining to your property. If you decide to operate a contractor storage area at the site, the City Clerk's office will require a separate, new business license that's specific to 4300 S. 133rd St. Applications are available from the City of Tukwila website under the "Business" section. How much would you use the site? If the contractor storage area is unstaffed and /or used infrequently, they could issue a non -fee business license. If it will be used frequently and /or have a staff person, there will be a $100 fee. We look forward to your providing the materials that we discussed today at your earliest convenience. Rebecca rox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206 - 431 -3683 (tel) 206 - 431 -3665 (fax) rfox @ci.tukwila.wa.us file: / /C:\ temp\ XPGrpWise\ 4B953683tuk- mail6300- po100134633511DD221 \GW} 00001.... 04/21/2010 January 26, 2010 Barry Becker 4446 S. 131St. Pl. Tukwila, WA 98168 City of Tukwila Jim Haggerton. Mayor Department of f Community Development Jack Pace, Director NOTICE OF INCOMPLETE APPLICATION (revised 1/26/2010) RE: Macadam LLC Development L09 -067 Comprehensive Plan Amendment C/LI to MDR L10 -001 Rezone C/LI to MDR Dear Mr. Becker: We have made some revisions to the letter /email that was sent to you on January 25, 2010. Please disregard that communication earlier communication. Refer instead to this letter dated January 26, 2010, and provide the information as noted so that your application is complete, and staff can continue review of your request. The deadlines will still remain the same. Your application for Comprehensive Plan amendment and rezone located at 4300 S. 133`d Street. Tukwila has been found to be incomplete. In order complete the application, the following must be submitted to the permit center: a. Graphic/Map showing existing and proposed Comprehensive Plan designation and zoning b. Surrounding land use map for all existing land uses within a 1, 000 foot radius from the lot's property lines c. Title Report— Clearly establish status as legal lot(s) of record, ownership, all known easements and encumbrances d. Lot lines for 300 ft. from the site's property lines including rights -of -way e. Boundary and topographic survey (2 ft. contours including a minimum 20 ft. beyond the property line) with all structures, improvements, easements, encumbrances and right -of -way wide /infrastructure. Elevations shall be City of Tukwila datum (NGV 1929 datum for 100 year flood elevation with equiation to City of Tukwila datum). This shall be stamped by the surveyor. f. Location of all sensitive areas (e.g. streams, wetlands, slopes over 20 %, coal mine areas an important geological and archaeological sites.) Also show trees over 4" caliper, indicating those to be saved. All proposed sensitive area and tree protection measures shall be shown. g. 100 year flood plain boundary and elevation as shown on FEMA maps. Rf 1 01/26/2010 H: \CompPlanAmend -- 2009- 2010\Becker - -CLI- MDR \(REV)Incomplete.Becker.CLI to MDR -.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila. Washington 98188 • Phone 206 - 431 -3670 • Fax: 206- 431 -3665 • Page 1 of 1 Rebecca Fox - REVISED Notice of Incomplete Application (Comprehensive Plan, Rezone) From: Rebecca Fox To: ace_construct @yahoo.com Date: 01/26/2010 4:25 PM Subject: REVISED Notice of Incomplete Application (Comprehensive Plan, Rezone) Attachments: Dear Mr. Becker, We have made some revisions to the "Incomplete Application" letter /email that was sent to you on January 25, 2010. Please disregard that communication earlier communication. Refer instead to the attached letter dated January 26, 2010. Please provide the information as noted in order to complete your application, and to enable staff to continue review of your request. The deadlines will still remain the same. I will also send the attached letter via postal mail. Please contact me at 206- 431 -3683 or rfox @ci.tukwila.wa.us to confirm that you have received this message. Thank you. Sincerely, Rebecca Fox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206 - 431 -3683 (tel) 206 - 431 -3665 (fax) rfox@ci.tukwila.wa.us file: / /C: \temp\XPGrpWise \4B5F 177Etuk- mail6300 -po l 00134633511 D66F 1 \GW} 00001.... 04/21/2010 January 25, 2010 Barry Becker 4446 S. 131x`. Pl. Tukwila, WA 98168 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF INCOMPLETE APPLICATION RE: Macadam LLC Development L09 -067 Comprehensive Plan Amendment C/LI to MDR L 10 -001 Rezone C/LI to MDR Dear Mr. Becker: Your application for Comprehensive Plan amendment and rezone located at 4300 S. 133rd Street. Tukwila has been found to be incomplete. In order complete the application, the following must be submitted to the permit center: a. Graphic/Map showing existing and proposed Comprehensive Plan designation and zoning b. Graphic/Map clearly showing the boundaries and buffers for all sensitive areas, including the wetland and watercourse, and geologic hazard area Upon receipt of these items, the City will re- review them for completeness and will mail you written notification of completeness or incompleteness within 14 days. These applications will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to Section 18.104.070(E). If you have any questions about this notice, please contact me at 206 - 431 -3683 or via email at rfox @ci.tukwila.wa.us Sincerely, Rebecca Fox Senior Planner Rf 1 01/25/2010 H: \CompPlanAmend -- 2009- 2010\Becker - -CLI- MDR \Incomplete.Becker.CLI to MDR -.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206 -431 -3665 • Page 1 of 1 Rebecca Fox - City of Tukwila -- Incomplete application - -L10 -002 and L09 -067 From: To: Date: Subject: Attachments: Rebecca Fox ace_construct @yahoo.com 01/25/2010 3:06 PM City of Tukwila -- Incomplete application - -L10 -002 and L09 -067 Dear Mr. Becker, Staff has reviewed your applications for comprehensive plan amendment and rezone, and has found them to be incomplete. Per the attached letter, please provide the following at your earliest convenience: 1) a graphic clearly showing the current and the proposed comprehensive Plan designation and zoning; and 2) a graphic clearly showing all environmentally sensitive areas with buffers including wetlands, water courses and steep slopes. Once the application is complete, staff can review the substance of your request. I am also sending you this letter via postal mail. Please contact me at 206 - 431 -3683 or via email at rfox @ci.tukwila.wa.us if you have questions. Rebecca Fox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206 - 431 -3683 (tel) 206 - 431 -3665 (fax) rfox @ci.tukwila.wa.us file: / /C: \temp\XPGrpWise \4B5DB3 84tuk- mail6300 -po 100134633511 D6191 \GW } 00001.... 04/21/2010 Lawyers T• 7 ip INSURANCE CORPORATION RECEIVED 'APP 22 MI COMMUNITY DEVELOPMENT Barry Becker 4446 S. 131st Place Tukwila, WA 98168 REFERENCE NO: / Order No.: 30035176 Liability: $250.00 Policy No.: WA0037- 82- 30035176 - 2010.82015- Charge: $ 250.00 80195377 Tax: $ 23.75 Total: $ 273.75 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Lawyers Title Insurance Corporation a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary Toss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: March 3, 2010 Subdivision Guarantee Page 1 of 4 GNT004 SCHEDULE A 1. Name of Assured: Barry Becker 2. Date of Guarantee: March 3, 2010 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Macadam, LLC, a Washington Limited Liability Company Order No.: 30035176 RECEIVED APR 2 2 20101 COMMUNITY DEVELOPMENT laws, impart constructive c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 7340600722 YEAR BILLED PAID BALANCE 2010 $2,253.03 $0.00 $2,253.03 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $2,253.03 LEVY CODE: 2400 ASSESSED VALUE LAND: $158,000.00 ASSESSED VALUE IMPROVEMENTS: $43,000.00 (COVERS PARCEL A) 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 2613200131 YEAR BILLED PAID BALANCE 2010 $ 597.67 $0.00 $597.67 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $597.67 LEVY CODE: 2400 ASSESSED VALUE LAND: $52,500.00 ASSESSED VALUE IMPROVEMENTS: $0.00 (COVERS PARCEL B) Subdivision Guarantee Page 2 of 4 GNT004 1 Order No30035176 3. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT. BY: STATE OF WASHINGTON CAUSE NO.: 618285 4. MATTERS SET FORTH BY SURVEY: RECORDED: APRIL 02, 2002 RECORDING NO.: 20020402900001 5. VIOLATION NOTICE AND ORDER AND THE TERMS AND CONDITIONS THEREOF: RECORDED: FEBRUARY 25, 2009 RECORDING NO.: 20090225000392 REGARDING: ENVIRONMENTALLY SENSITIVE AREAS NOTE 1: RECEIVED APR 22 20101 COMMUNITY DEVELOPMENT WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER, SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: NORTHPOINT ESCROW AND TITLE, LLC 155 NE 100TH STREET SUITE 200 SEATTLE, WA 98125 ATTN: RECORDING DEPT. NOTE 2: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: NOTE 3: CP1 A Single Family Residence KNOWN AS: 13136 Macadam Road S. Tukwila, WA 98168 THE FOLLOWING WILL BE AN ACCEPTABLE ABBREVIATED LEGAL DESCRIPTION FOR THE RECORDING COVER PAGE ONLY, IN COMPLIANCE WITH THE RECORDING STATUTE: Ptn Tract 48 of Riverside Interurban Tracts and Ptn Tract 18 of Fostoria Garden Tracts Subdivision Guarantee Page 3 of 4 GNT004 EXHIBIT "A" PARCEL A: Order No.: 30035176 RECEIVED 'APR 22 20101 COMMUNITY DEVELOPMENT THAT PORTION OF TRACT 48 OF RIVERSIDE INTERURBAN TRACTS, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 74, RECORDS OF KING COUNTY AUDITOR, LYING NORTH OF SOUTH 133RD STREET, EAST OF 42ND AVENUE SOUTH AND SOUTH OF THE SOUTH LINE OF SOUTH 131ST STREET (ALSO KNOWN AS 132ND STREET) AS NOW ESTABLISHED; TOGETHER WITH THE WEST 1/2 OF VACATED 43RD AVENUE SOUTH ADJOINING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR STATE HIGHWAY ON JULY 2,. 1964 UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 618285; PARCEL B: THAT PORTION OF TRACT 18 OF FOSTORIA GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 95, RECORDS OF KING COUNTY AUDITOR, LYING NORTH OF SOUTH 133RD STREET; TOGETHER WITH THE EAST 1h OF VACATED 43RD AVENUE SOUTH ADJOINING; EXCEPT THAT PORTION LYING NORTHERLY AND EASTERLY OF THE SOUTHERLY AND WESTERLY RIGHT -OF -WAY LINE OF PRIMARY STATE HIGHWAY NO. 1, AS CONDEMNED BY KING COUNTY SUPERIOR COURT CASE NO. 618285; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non - judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured ": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land ": the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage ": mortgage, deed of trust, trust deed. or other severity instrument. (d) "public records ": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) 'date ": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice Is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, 1 shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee. the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in Its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use. at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) RECEIVED APR 22 2010 COMWlUNIWthe Company may be necessary or desirable to establish the title to the estate OpLOPJ tpterest as stated herein, or to establish the lien rights of the Assured. If the ri5pany is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be fumished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, Ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disdosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that daim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any daim which could result In loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured daimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of daim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the daimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured daimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, induding any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary Loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid prindpal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect. lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. • 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or SeltiemeM. Whenever the Company shall have settled and pald a daim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured daimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. 11 a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, If any, attached hereto by the Company Is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: Claims Department, P.O. Box 45023, Jacksonville, FL 32232 -5023. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) RECEIVED fAPR 22 2010 COMMUAII i Y DEVELOPMENT RECEIVED APR 2 2 20101 COMMUNITY DEVELOPMENT THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH,UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. SECTION: 15 TOWNSHIP: 23N RANGE: 04E 0 •'• • • I On1. 1 n.m • ao I1.` no. Yaw "1 ■' . • ■ v.= \' In iL _ n Al '- n w �■ :..c . v- vim\ ._ 1. .. .. ■ ■• =A.13 ■ ly■': - �\; 1l -... I1 I1.2' �■ 1 ■ .Y. 30I■ 1L■ .. IIO VI / IK MU /TM 7 ■ - 4Y■ r•.■1 »3t..; n % / \ //s _ yiaa lln _I/ Nr 11 to •■ ■' ■ J _ / \ X11 A 1rym A - - -. :� 6 ■ v■ wa ■ .4 \ . \ I in0.�..• l) 4' 30401 . i.■ i r AI I / '' s M. / .:P /._ • A. 1104 I. •0 -4 ' ....3118 _.■ 1 ■- as : / V.. \. ' \/). \- /_s • / :Oar .a'Y a.. •7n 11 V ••' • 1 / U -1 ' . ^•A / :■ r. a1. • .r a 151.20 n 111 ... 1 M.- •7•37 ID . ./ /Ae •ir •.0 / '■ 12 ►. '- ■ - �•_ 1 / . NA \ v / nm'•. ■ w 1n aC ^ - .1" 1 7 u ,u • • /. . 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MA is <:': /.3�.....+ tr. .l• - ^- .VID••::: ':.. 110121.. �Rrw • • 5•. / 410-7 7 +14.1 .4• ...tl'_J•'... / /AL J1■ .2.4.7.4V:7,,,,... S....,..7. 11 After recording return to: Macadam, LLC 4446 South 131st Street Place Tukwila, WA 98168 fIMI� AT ON 23.00 K WA! Ilil II 1111 E2073574 ea eizo 11 :a SELE ,008.00 Legal Description (abbreviated): PTN TRACT 18 FOSTORIA GARDEN TRACTS Additional Legal on page: 2 Assessor's Tax Parcel ID *: 2613200131 Reference: 20071745- 401 -LMS izNgto-ricke '01 STATUTORY WARRANTY DEED 20040930001578.001 ill l ll 1 Ilii Ilui II; �I, RECEIVED it I 'APR 22 Met 78 MEOW OF 001 301 THE GRANTOR(S) Gregory C. 3ohnson, a single man, for and in consideration of Ten ($10.00) Dollars and other good and valuable consideration in hand paid, conveys and warrants to Macadam, LLC, a Washington limited liability company the following described real estate, situated In the County of King, State of Washington: See Exhibit A attached hereto and made a part hereof. Subject to: Those items specifically set forth on Exhibit "8" attached hereto. Dated: S _gptember 28, 2004 SELLER: State of Washington County of n On this .29 day _ , %Z 0,9 fir er -re /Km individual s) ribed in and :.ED FOR RECORD .tiT THE REQUEST OF TRANSNATION TITLE !PlrliPANCr !'Q SS: who be the indi ho executed the w acknowledged that < signed the same as deed for the uses and purposes therein mentioned. Given under my hand and official seal the day and year last abo , before me personally appeared to me known In and foregoing Instrument, and free and voluntary act and Notary Public In d /or State of 61 -/ 11 /41. Residing at �lhW/ My Appointment expires: S'/ti-e4 IRE A. FREEMAN STATE Of WASHINGTON NOTARY-0- PUBLIC ION tlBIE3 5-16-GB Statutory Warranty Deed TRANSNATION TITLE INSURANCE COMPANY LPB -10 (7/97) COMMUNMTV DEVELOPMENT Exhibit A 20040930001678.002 THAT PORTION OF TRACT 18, FOSTORIA GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME OF PLATS, PAGE 95, RECORDS OF KING COUNTY, LYING NORTH OF SOUTH 133RD STREET; TOGETHER WITH THE EAST Vi OF VACATED 43RO AVENUE SOUTH ADJOINING; EXCEPT THAT PORTION LYING NORTHERLY AND EASTERLY OF THE SOUTHERLY AND WESTERLY RIGHT-OF -WAY LINE OF PRIMARY STATE HIGHWAY NO. 1, AS CONDEMNED BY KING COUNTY SUPERIOR COURT CASE NO. 618285; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. 9 RECEIVED 'APR 22 2010 meanly maveLopmmir EXHIBIT "B" ANY UNPAID ASSESSMENTS OR CHARGES, AND LIABILTTY FOR R)RTHER ASSESSMENTS OR CHARGES BY VAL WE SEWER DISTRICT. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWNDEEN NED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COUR . LANDS BY: STATE OF WASHINGTON CAUSE NO.: 618285 20040930001678.003 RECEIVED APR 22 20101 D;EEVVELMOP After recording return to: Macadam, LLC 4446 South 131st Place Tukwila, WA 98168 409 001 80 KAOESM IFS03 21.00 E2073579 atagmlyNat s sz ;U :°eU : ewe 20040930001580.001 �� RECEIVED 22 2010' PAOE0OI OF 001 Legal Description (abbreviated): PORTION LOT 48 RIVERSIDE INTERURBAN TRACTS Additional Legal on page: 2 Assessor's Tax Parcel ID #: 7340600722 Reference: 20071790 - 401 -LMS P-P4 o7t -74,5` staff STATUTORY WARRANTY DEED THE GRANTOR(S) Gregory C. Johnson, a single man, for and in consideration of Ten ($10.00) Dollars and other good and valuable consideration In hand paid, conveys and warrants to Macadam, LLC, a Washington limited liability company the following described real estate, situated in the County of King, State of Washington: See Exhibit A attached hereto and made a part hereof. FOR RECORD . "-kl THE REQUEST 01 .,.r.,n} �;.r,.; - .•1. F !NSUR.APIC` CO. Subject to: Those items specifically set forth on Exhibit "B" attached hereto. Dated: September 28. 2004 SELLER: State of Washington SS: County of /%fir ,/ On this day of €m Ct a007 , before me personally appeared e� y-al Dr O 1137 to me known to be the individual ss) d cribed in and who executed the within and foregoing Instrument, and acknowledged that P_ signed the same as -pis free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal the day and year last above written. &i3 MARJOR%E A. FREEMAN TE OF WASHINGTON VOTARY -•-- PUBLIC 1 T COWimas WIRES 5 -16-06 Notary Public in 4sid for the State of Residing at (,r1 b 17 My Appointment expires: 6"/6 fl Statutory Warranty Deed LPB -10 (7/97) TRANSNATION TITLE INSURANCE COMPANY C0MMUNiTr DEVELOPMENT 20040930001580.002 Exhibit A THAT PORTION OF TRACT 48, RIVERSIDE INTERURBAN TRACTS, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS PAGE 74 IN KING COUNTY, WASHINGTON, LYING NORTH OF SOUTH 133RD STREET, EAST OF 42N' AVENUE SOUTH AND SOUTH OF THE SOUTH LINE OF SOUTH 131RT STREET (ALSO KNOWN AS 132ND STREET) AS NOW ESTABLISHED; TOGETHER WITH THE WEST Va OF VACATED 43RD AVENUE SOUTH ADJOINING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR STATE HIGHWAY ON JULY 2, 1964 UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 618285; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. RECEIVED 'APR 2 2 2010' COMMUNITY DEVELOPMENT EXHIBIT "B" RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT. BY: STATE OF WASHINGTON CAUSE NO.: 618285 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: SLOPE EASEMENT AREA AFFECTED: SOUTHEASTERLY PORTION OF SAID PREMISES RECORDING NO. 9604180921 20040930001580.003 RECEIVED 'APR 22 2010' COMMUNITY DEVELOPMENT 20020802900001 LEGEND • FOUND BRASS MONUMENT IN CASE - FEB. 2002 • SET 5/8" RE-BAR & CAP FENCE ' CURVE TABLE pia 9ELY,C-.. RADIUS LENGTH C7,-16'0811 320.00 16056 5758'011. 11580. 117.16 C3 57001 985.37 15886 LINE TABLE Na DIRECTION:: DIS 51 N 0913660" E 28 12 N 8I33645 . E 6490' 53 W N 670725' If. 55 S 20784' if 662131 O. OM AVIV COPRA& WIN ALL STANDARDS AND 000E1985 OF ME YURVEY RECORINFIC ACT', CHAPOR 5609 RCM AND ME-MO-090 MC 2. YIPS SURKY X45 AMDMPUSNED UMW MEM IRMERSE PROCEDURES A [TOOMEY& MODEL 615 .3-5900V0 MTAL STATION WAS USED FOR Ma SURVEY. 4706' RECORD OF SURVEY KING COUNTY, WASHINGTON ,57 Parcel Nos. 26-13-20-0131 & 734080-0722 2.72240595 .57 c.OATie 0-R..5'56.743r X L.152.57 15 loso; /RI 1 / 374332-2.5 S. 1.33rd Street. Scale l° = 100 ft • sass OF BEARING CNC COUNTY ASSESSORY MAP LEGAL DESCRIPTION That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats. Page 74, Records of !Ong County, Washington, lying north of South 133rd Street, east of 42nd Avenue South, and south of the south line of South 132nd Street; together with the west half of vacated 43rd Avenue South adjoining, and EXCEPT state highway right-of-way. AND That portion of Lot 18, Fostoria Garden 7'racts, as shOwn In Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 818285 and except state highway right-of-way. AUDITOR'S CERTIFICATE FILED FOR RECORD THIS2441 DAY OF .41 . 2002 AT ,A7215( UNDER AUDITOR'S FILE No,..2242.2_ aee51g7 ..950 F AT THE RECAIEST OF Aspen Land arveyfrag RECORDING FEE $ a DEPUTY COUNTY AUDITOR 5.1 SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE NMI PIE REOUIREMENTS OF The SURIE7 RECORDING 357 37 THE REQUEST OF JGREGORY C. JOHNSON ••=11----3/27/02 DANIEL B. NSON. PLS /28408 DATE A.spert" . Land Surveying 12904-3 Purdy Drive 88 Gig Harbor. 83 90332 (253) 857-4265 04 80.80785 MANN 8IY ..*•081 COTE 27-02 • A Portion 4t, ,' the NW I/4 .'Of the NE 114,...;:' Sec.f15, T43 N,=' 4 E, *M. Iiing..county,iVashillion 20090225000392 Return Address: City of Tukwila ATTN: City Clerk 6200 Southcenter Blvd Tukwila, WA 98188 Please print or type into 20090225000392.001 t - -. I III �, � - .. L'I I II.I - -__ - j i I ;I I i� iI ail � �I II � II id ,�I� 20090225000392 CITY OR TUKUIL C 44.0o 02/5/2000 10:10 KING COUNTY, (JA — — -- y =..va,vauir n o t.vvcr anent (RCW 65.04) . Document Title(s) (or transactions contained therein): (all areas applicable to your document nn be felled in) 1. VIOLATION NOTICE & ORDER 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page . of document Grantor(s) Exactly as name(s) appear on document 1. CITY OF TUKWILA - 2. Additional names on page of document. • Grantee(s) Exactly as name(s) appear on document 1. MACADAM LLC 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) , FOSTORIA GARDEN TRS POR N OF PACIFIC HWY & VAC SQUIRE ST LESS POR LY E OF ST HWY DEEDED BY ORD #618285 LESS ST HWY Additional legal is on page of document. . - Assessor's Property Tax Par cel /Account Number 0 Assessor Tax # not yet assigned _ PARCEL #2613200131 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document r to verify the.accuracy or completeness of the indexing information provided herein. "1 am signing below and paying an additional 350 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore,1 hereby understand that the recording process may cover up or otherwise obscure some part of the test of the original document as a result of this request." Signature of Requesting Party Note to submittal Do not sip above nor pay additional $60 fee tithe document meets margla/formattiog requirements RECEIVED `APR 22 NV CaORINITY RIEVELOPMENT 20090225000392.002 City of Tukwila Code Enforcement 6300 Southcenter Boulevard Tukwila, WA 98188 (206) 431 -3670 FAX: (206) 4313665 Violation Notice And Order Tukwila Municipal Code § 8.45.050(D) The undersigned City of Tukwila Code Enforcement Officer, hereby certifies and states that Violation Location: 4300 S. 131 Place File #: RFA08 -342 Owner Name: Macadam LLC Address: 4446 S 131st Place City/State/Zip: Tukwila, WA 98168 is in violation of Tukwila's Municipal Code (TMC), TMC Chapter: TMC 18.45 Environmentally Sensitive Areas Specifically Grading, clearing and installation of gravel, development of parking areas within the designated sensitive area stream buffer without the required permit. Most of this parcel is designated either wetland, wetland buffer or stream buffer. Development in these areas is regulated under TMC 18.45. • Corrective Action required: Compliance Date February 16, 2009 Corrective Action ' Submit complete permit application and required documentation for this activity and buffer reduction and restoration. Notice of Violation issued on following dates: Issue Date December 3, 2008 FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO A MONETARY PENALTY OF UP TO 8500 PER DAY FOR EACH DAY THAT THE VIOLATION EXISTS UNDER THE PROVISIONS SET FORTH IN TMC 8.45.100(2). Appeal Provisions; A person may, within ten days of receipt of this notice, file with the City Clerk a written notice of appeal containing the following: 1. A heading with the words: "Before the Hearing Officer of the City of Tukwila; 2. A caption reading: "Appeal of giving the names of all appellants participating in the appeal; 3. A brief statement setting forth the legal interest of each of the appellants in the property involved in the notice and order; 4. A brief statement of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant or appellants; 5. A brief statement of the relief sought, and the reasons why It is claimed that the notice and order should be reversed, modified, or otherwise set aside; H: \Perms\ Violation notice Sr order - Kathy sie n.doc RECEIVED APR g2 20101 DRETorfirlirr 20090225000392.003 6. The signature of all persons named as appellants, and their official mailing addresses; 7. The verification (by declaration under penalty of perjury) of each appellant as to the truth of the matters stated in the appeal. 8. The appeal fee for violations in the LDR zone is $100.00 and in all other zones is $200.00. Fees must accompany the written notice of appeal. Failure to appeal this Violation Notice and Order shall constitute a waiver of all rights to any additional administrative hearings. Failure to respond may result in the matter being forwarded to the City Attorney for further action. Signed: u 6,y- y Today's date: January 29, 2009 Name: Kathryn A. Stetson Phone: 206/431-3682 Title: Code Enforcement Officer Email: kstetson@citukwila.wa.us I H: \Forms\ Violation notice & order -Kathy sign.doc RECEIVED APR 22 20101 cuouviutary CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grams the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 4y 3 Q Q $' /33'o. s F _ for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole . negligence of the City. 6. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at a.412,1014 (city), WA (state), on 12 )2't , 20 01 Print Name !J /i r /` b( / C. G k Address 414/4/6 J 5 / 3/ s t /0l /✓ w. l i Phone Number -.C1 , — �/ 6 - O � 3 Signature `✓ !'iL{�/J _-.!% On this day personally appeared before me Q° to me known to be the individual who executed the foregoing instrument and acknowledged thAt he /she signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. _ SUBSCRIBED AND SWORN TO BEFORE ME ON THIS ` DAY OF 1d[.C:Q VIA Y , 20 09 4&1-- NOTARY PUBLIC in or the State of Washington residing at Slaifit IA) A My Commission expires on SRI, 1261Z_ P: \Planning Forms\ Applications \CompPlanChg- 6- 06.doc December 4, 2006 CITY OF TUKWILA COMPREHENSIVE Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 981RECE!VED PLAN Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us DEC 3 0 2009 AMENDMENTS COMMUNITY DEVELOPMENT APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -CPA Planner: �bC' CCct� X File Number: L1 / fD6 Application Complete (Date: 5 )51 l 0 ) Project File Number: Application Incomplete (Date: 1/-2_q //0 ) Other File Numbers: L l o — no 2 L oq — 01' sp ec�' .-e Peewl rss i G ,, aFA — /9E3 3tt 2— - A lee c-to t- NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 360 S " / 33,e S v' S /-'_?Ao. 5/`, LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). a /3e. c, —0/3/- 03 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: ,� } /` ✓` / e G �-el/2 _ Address: r•-) �, / 3 /s r. P7 Phone: 6 -' 2%. 41 b r 4 B 3 FAX: i.O 6 �/ to — �f g© E -mail: c E. e 4 /V f,' Gt. 4;•, • r Signature: Date: /2� Z ��C3 P: \Planning Forms \ Applications \CompPla hg- 6- 06.doc December 4, 2006 • • A. COMPREHENSIVE PLAN DESIGNATION: / Existing: (iv1+ Nc e,t �`�.4 -� 41-y 4 �' ,LNPJ�v5 fr ;* Proposed: 60-Gn,51 /% /eS ideyv /441 B. ZONING DESIGNATION: Existing: Coe ( Z_ 27. Proposed: v G e c (4 - -' /4;4/ C. LAND USE(S): Existing: 1/6 &4-' / Proposed: 01 ,/J /4_ (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. 7 tO T© t© - �r` �l Zueijc,s 1Lr.,F/ /„ a/es / _ i2 Nom - Z. 0/2 F' •- 6-4_s z...4 Lr (-- P: \Planning Forms\ Applications \CompPlanChg- 6-06.doc December 4, 2006 err APPROXIMATE SCALE IN FEET 500 0 500 NATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP KING COUNTY, WASHINGTON AND INCORPORATED AREAS PANEL 957 OF 1725 !SEE MAP INDEX FOR PANELS NOT PRINTED) CONTAINS: COMMUNITY NUMBER PANEL SUFFIX KING COUNTY. UNINCORPORATED AREAS 530071 0957 F RENTON. CITY OF 530088 0957 F SEAITI.E. CRY OF 530089 0957 UKN;ILA. CITY OF 530091 0957 F RECEIVED EAPR 22 2010 COMMUNITY NUMBER DEVELOPMENT 5303300957 F MAP REVISED: MAY 16,1995 Federal Emergency Management Agency This is an official copy of a portion of the above referenced flood map. It was extracted using F -MIT On -Line. This map does not reflect changes or amendments which may have been made subsequent to the date on the title block. Forfhe latest product information about National Flood Insurance Program flood maps check the FEMA Flood Map Store at www.msc.fema.gov LEGEND FOUND BRASS MONUMENT . IN CASE - FEB. 2002 SET 5/8' RE -BAR & CAP FEBRUARY 2002 SEVER MANHOLE STORM DRAIN MANHOLE ROCK WALL • BLOCK WALL 3 GRAM SURFACE FENCE TREE CURVE TABLE ELTA. 6E18'21" 75800' 570'01' RADIUS 570.00 11580 985.57 LENGTH 160.56 117.16 8886 LINE TABLE 7IRECDON V 09176'00 E V 8056'45 5 V 76'40'45 W V 6217725" W S 507845 W DISTANCE 2.150' 67.90' 6 .151' 61.85' 4Z06' ♦ 040 • O `♦ 0. gab iJ•e ` 'Sr • ` IE9'N9: 0.10 ♦ IE 8' NE: 7.69 IE 8'SE: 7.59 S DATA: 9.150.80' .557311.00' 1.152.57'. LEGAL DESCRIPTION Parcel 4 • That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records. of King County, Washington. lying north of South 133rd Street, east of 42nd Avenue South, and south 01 the south line of South 132nd Street; together with the west half of vacated 43rd Avenue South adjoining, and EXCEPT state highway right -of -way. Parcel 8 That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95. Records of . King County, Washington. and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded. by . Ordinance No. 618285 and except state highway right -of -way: sswl nnu19A i 1E8 NN: 6.47 1E 8' NE: 6.47 16 8' SE: 942 • VERTICAL DATUM: NAVD 1988 BENCHMARK: GP17005 -264 WSDOT BRASS DISK IN CONCRETE LOCATED IN THE PAVED AREA. BETWEEN 1HE MAINLINE OF NB SR5 AND THE ON -RAMP FROM INTERURBAN AVE. ELEVATION a 25.99 FEET. 9EARB. KING COUNTY ASS�ESS04 S MAP 79- 54�0A• E r -� CJ 27 .� - �.IS7tr / J14.5 : . 5. 73.373 Street . Scale, l.' ° 50 0 TOPOGRAPHIC SURVEY MAP for Mr. Barry Becker Tukwila, Washington: CO 00 "\J • DRAIN 8) 08J A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T 23 N, R 4 E, W.M. King County, Washington Section 15, T 23 N, R 4 E VICINITY MAP D rr, f6'? -dfv5 RECEIVED APR 22 2011 A-ese 44) u,AS -- &(J -PST 5, Oi'-e_ 1(J • }} O'.lt Qdt.11. «SD 1 iH i.:p130: � ' t . N 8974'53 "W L= LEGEND FOUND BRASS MONUMENT IN CASE -Ea. 2002 SET_ 5/8" RE-9AR �4 CAP FEBRUARY 2002' .. SEWER MANHOLE • StORM, DRAIN MANHOLE • mock WALE • BLOCK WALL GRAVEL SURFACE. x —x- FFNCE Parcel. d . . That portion of Lot 48, 'Riverside Interurban Tracts,. as :shown in Volume 10 of Plats Page 74,. Records of King County, ; Washington, lying north of South , 133rd Street, east of 42nd Avenue South,. and south of the south , line of South 132nd Street; together • With the west hall of vacated 43rd Avenue South ,•adjoining,• and EXCEPT state highway rightof- way. -. Parcel B. That portion of Lot 18, Fostoria Garden 'Tracts, as ' shown in ,Volume 9. of Plats,' Page 95, Records. of King County,. Washingtoh,' and vacated :Squire Street, lying, north of • Pacific Highway, - EXCEPT the portion thereof lying; east of State Highway deeded by .ordinance' No 818285 and except state highway: right -of —way. CURVE TABLE Na DELTA . RADIUS LENGTH C1 16'0821,-, 570.00 160.56 C2 575800' .115.80 117.16. CJ 57001' 985.37 88.86 LINE TABLE .. . ' Na DIREC17ON: `: DISTANCE L1 N 0917600' E 28J0' L2. N 8056'45" E , 67.90' L3 N 7640'45" W 6851' L4 N 62'07'25" W ' '.61.85' LS 5 5078'45" W .: 47.06' nn M 'RiKViLA 1 IE 8" NM 6.47 8! NE 6.47 IE r &42 • VERI7CAL DATUM: NA VD 1988 ' BENCHMARK: CP17005 -264 WSOOT BRASS DISK' IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINUNE.OF NB SR5 AND THE ON -RAMP FROM INTERURBAN AVE. ELEVATION 25.99 FEET. A Portion of the 'NW 1/4 of the NE 1/4, Sec.: 15, T 23 N,: R- 4 E, W.M. King County, Washington BASIS OF BEARING. KING COUNTY ASSESSOR'S MAP Section 15, T 23 N, R 4 E TOPOGRAPHIC SURVEY MAP for Mr. Barry Becker Tukwila, Washington VICINITY MAP. SCALE: 1 INCH -:1/4 MILE. itanacreAau Zi &Pi fL DATA: R ..150.80' 6 =4179'38' L =109.21' LEGEND FOUND BRASS MONUMENT IN CASE - FEB. 2002 • SET 5/8" RE -BAR & CAP; FEBRUARY 2002 �. SEWER MANHOLE STORM DRAIN MANHOLE cco ROCK. WALL BLOCK WALL GRAVEL SURFACE x —x— FENCE • TREE CURVE TABLE NO. DELTA RADIUS LENGTH C1 16'0821" 570.00 160.56 C2 5758'00" 115.80 11Z16 C3 570'01' 985.37 88.86 UNE TABLE NO. DIRECTION DISTANCE Ll N 09'0600" E 28.30' L2 N 8056'45" E 67.90' L3 N 7640'45" W 68.51' L4 N 62V7'25" W 61.85' L5 S 5078'45" W 47.06' MIN TUKWILA 4 18. IE 8' NW: 8.10 IE8'NE 7.69 6E8'SE.7.59 1 LEGAL DESCRIPTION Parcel q That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records of King County, Washington, lying north of South 133rd Street, east of 42nd Avenue South, and south of the south line of South 132nd Street; together with the west half of vacated 43rd Avenue. South adjoining, and EXCEPT state highway right -of -way. Parcel B That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of -way. M4H 1UKWILA 1 RIM: 18.9 IE 8' NW:.. 6.47 IE 8' NE 6.47 E 8' SE 6.42 VERTICAL DATUM: NAVD 1988 BENCHMARK: GP17005 -264 WSDOT BRASS DISK IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINUNE OF NB SR5 AND THE ON -RAMP FROM INTERURBAN AVE. ELEVATION = 25.99 FEET. BASS OF BEARING KING COUNTY S 8952'15'_E 314.72 S 133rd Street TOPOGRAPHIC SURVEY MAP for Mr. Barry Becker Tukwila, Washington DRAWING NO. co MMJ CO z 0 •O N • A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T . 23 N, R 4 E, W.M. King County, . Washington Section 15, T 23 N, R 4 E VICINITY MAP SCALE 1 INCH = 1/4 MILE 0 111 w u w N 89'34'53'-W • CL DA1A: R- 150.80' c.- 41'29'38' 1-109.21' LEGEND FOUND BRASS MONUMENT.:' IN CASE = FEB.. 2002 SET 5/8' RE –BAR & CAP • FEBRUARY 2002 x —x— FENCE LEGAL DESCRIPTION Parcel A • That portion of .Lot 48, Riverside Interurban Tracts,. as shown in Volume 10 of Plats, Page 74, Records of King County, Washington, lying north of . South 133rd Street, east of 42nd Avenue South, and south of the south line of South 132nd Street; together with the west half of vacated 43rd Avenue South adjoining, and EXCEPT state highway right —of -way. Parcel $ That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, .. lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right —of —way. CURVE . TABLE NO. DELTA RADIUS LENGTH C1 16'08'21.' 570.00 160.56 C2 5738'00° 115.80 117.16 C3 510'01" 985.37 88.86 CL DATA:. R- 150.80' 4.■57'58'00' \L-152.57' LOOS ACRES 13136 Mocadom Road S. UNE TABLE NO. DIRECTION DISTANCE L1. N 09126.00" E 28.30' L2 N 8036'45° E 6Z90' L3 N. 7640'45° W 6851' L4 N 620725" W 61.85' . L5 S 5018'45' W 47.06' BASIS OF BEARING TONG COUNTY ASSESSOR'S MAP ' II. C3 - -- 5 8952'15' -E S. 133rd Street 314.72— S 8952'15 °.E – 156.67' 50 • WETLAND .SURVEY MAP for Mr. Barry . Becker Tukwila, Washington A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T 23 N, R 4 E, W.M. King County, Washington Section 15, T 23. N, R 4 . -E / VICINITY MAP .j...7 ";17:"E0 SCALE: 1 INCH = 1/4 MILE DEC 30 7ft19 { W_- -- M- 13J --- -- 1<' 1s Lc1 3 FRoM tntirgr_Tat:;/t tanos, s1 • - A Portion of .. the NW 1/4 of the NE- 1/4, Sec. 15, T 23 N, R 4. E, W.M. King. County, . Washington Section 15, T 23. N, R. 4 E- rPae e RAit`l 4429Fiq 1747,A0r 3Y5T€M / S ST R 1� U 4' 5E ------ -�r_. 12...113-01 VIC/NITY MAP • SCALE.' 1 INCH = 1/4. hl1LE .. LEGAL DESCRIPTION Parcel A= .:'' 73�i-�cv:D. ^. 0722 That portion. Of Lot 48, Riverside Interurban Tracts,. as shown in Volume: 10 of Plats, Page 74, Records Of King County, Washington, lying north of South 133rd Street, east. of 42nd Avenue South, and south of the south line of South 132nd Street; together With the west half of vacated 43rd Avenue South adjoining, and EXCEPT state highway right —of -way: Parcel 13 _- , 2Co :13 - -D Is I That : portion of Lot 18, Fostoria Garden Tracts, as Shrift in Volume 9 of Plats, Page 95, Records of King. County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof' lying east of State Highway deeded by Ordinance No: 618285 and except state highway. right —of —way. RECE VED DEC 3 0 2009' CCMMUN?TY :Ako.f A �+ -° NoP N*L, M17Lt� 61,411 f-STL 7 PA? SIP1144 - <,._. I. . • a o sLI T4. 3 1/O115Es ,EAsT. /1_ 1 - -- 0.x/ryikico 11,00G. FZECE!VE D • .DEC •3 0 2009 COMMUNITY' DEVELOPMENT