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Home My WebLink AboutCOW 2017-09-25 Item 3B - Quasi-Judicial Hearing - Comprehensive Plan / Zoning Map Resdesignation for 13407 48th Avenue South (Flower Power)COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by May s view Council review 09/25/17 MCB 1/4..." CATEGORY ❑ Discussion Mtg Date 10/02/17 MCB Motion Date a Resolution ►1 Ordinance ❑ Bid Award Mtg Date a Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date 10/2/17 Mtg Date 9/25/17 ❑Mayor ITEM INFORMATION ITEM No. 3.B. & 4.B. 59 STAFF SPONSOR: MOIRA BRADSHAW ORIGINAL AGENDA DATE: 9/25/2017 AGENDA ITEM TILE A Comprehensive Plan and Zoning map change (LDR) to Commercial Light Industrial (C/LI) Flower Power. request from at 13407 48 Low Density Avenue S. for the Residential project CATEGORY ❑ Discussion Mtg Date ❑ Mtg Motion Date a Resolution ►1 Ordinance ❑ Bid Award Mtg Date a Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date 10/2/17 Mtg Date 9/25/17 ❑Mayor DCD ❑Finance Fire 0 T ❑P&R El ❑Court SPONSOR O'Connell R.HR L Police •PIV SPONSOR'S Tukwila may amend its Comprehensive Plan once a year. On January 1 of each year, DCD SUMMARY assembles applications from the previous year into a docket of potential amendments. A property owner submitted a request for the map change from LDR to C/LI. Following the required hearing, the City Council may approve, modify or deny the request. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: NA I♦ Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: NA ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development Quasi-judicial - Not applicable COST IMPACT / FUND SOURCE EXPENDITURI REQUIRI.D AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/25/17 MTG. DATE ATTACHMENTS 9/25/17 Staff Report to City Council Draft Ordinance to amend the Comprehensive Plan Draft Ordinance to amend the Zoning Code map 10/2/17 59 60 City of Tukwila Allan Ekberg, Mayor Department of Community Development Jack Pace, Director Staff Report to the City Council Hearing Date: September 25, 2017 Notification: Mailed to properties and residents within 500' radius Site Posted: 6/29/17 and 9/8/17 Notice published in the Seattle Times File Numbers: E15-0013 SEPA L15-0010 Comprehensive Plan Amendment and Rezone Applicant: Ion Manea Project Name: Flower Power Request: Change Comprehensive Plan and zoning designation from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) Location: 13407 48TH AVE S. (Tax Parcel # 261320-0028) Comprehensive Plan: Low Density Residential (LDR) Zoning: Low Density Residential (LDR) SEPA Determination: Determination of Non -Significance issued September 14, 2017 Staff: Moira Bradshaw Attachments: A. Applicant's Public Meeting Presentation B. Site Map with contours and storm conveyance system C. Applicant's response to Decision Criteria D. Existing and proposed site plan 61 62 Flower Power Staff Report File # PL16-0063 FINDINGS Background This application is part of the 2016-2017 annual docket for amendment of the Comprehensive Plan. The purpose of an annual docket is to ensure that changes to the Comprehensive Plan are only considered once a year and that they are considered concurrently so the cumulative impact of the proposals can be determined. The applicant for this amendment is seeking changes in the Comprehensive Plan and Zoning Code maps for a 28,270 -square foot lot located at 13407 48th Ave. S., Tukwila, Washington, King County tax parcel no. 261320-0028 (the "Site") from Low Density Residential (LDR) to Commercial Light Industrial (C/LI) for the following reasons: 1. As the resident of the home located on the Site, he thinks that the noise from the LINK trains is unacceptable in a residential setting; 2. As the property owner of the Site since 1992, he has had much flooding from the Southgate stream that travels along the south and east sides of the Site and along the edge of the existing home. A 2003 project to install a high flow by-pass upstream of the site does not alleviate all flooding, which continues during rain storms. 3. He owns and operates a business growing bean sprouts, which he sells commercially and that is being displaced by a King County levee project in Kent. He would like to relocate his operation to this Site where he currently lives. C/LI zoning on the Site would allow the hydroponic growing of the bean sprouts and their assembly and distribution. This non -project proposal is a quasi-judicial change to the land use designation on the Tukwila Comprehensive Plan and Zoning Code maps. If the zoning is changed, any C/LI use would be permitted subject to all City regulations; however, the applicant has stated his intent to construct a new commercial/light industrial building for his hydroponic bean sprout business. The applicant submitted an existing site plan and a proposed site plan as an example of his intent. See Attachment D. A neighborhood scale Comprehensive Plan and Zoning Map showing the Site is below. The map shows existing Comprehensive Plan and Zoning designations with the Site outlined in pink. Existing LDR zoning is yellow, and existing CLI zoning is light grey. Page 2 of 13 09/20/2017 Flower Power Staff Report File # PL16-0063 Figure 1 - Comprehensive Plan and Zoning Map Site Information The Site is developed with a single family home that was built in 1948. The rectangular shaped property measures approximately 110 feet wide by 258 feet long, and is a corner property. Southgate stream runs along the south and east edge of the home and has caused flooding of the Site and structure. In 2003, the City built a high flow bypass on the south side of 48th Avenue S. Attachment C is an aerial map of the site that has green lines representing underground storm pipes as well as a blue line representing the above ground stream. Due to fish concerns expressed by the Department of Fish and Wildlife, the elevation of the inlet is high enough that water is diverted only during peak flows. Page 3 of 13 09/20/2017 63 Flower Power Staff Report File # PL16-0063 The Site contains several categories of environmentally sensitive areas summarized below. Watercourse Type 2 watercourse — Southgate Stream Type 2 watercourse buffer of 100 feet Upstream on the south side of 48th Avenue S., the stream is categorized as a Type 3 watercourse (blue on map below.) Landslide Class 2 — Moderate landslide areas with topographic slopes primarily along the 48th Avenue S. and S. 134th Place where the stream is located. ' Streams • • Type 2 Stream = Type 2 Stream n Pipe — Type 3 Stream Type 3 Stream n Pipe — Type 4 Stre=_— Type 4 Stream.. n F.pe - ✓ StreamBuffers ❑ so ❑ ao 0 100 F'shAnd4V c ene5ta: L. j FshWlIdl eau e- -aj Wetlands ▪ Cetegorr'• • Category lil Category fV - WetlendsBufHe' 100 ❑ so ❑ 50 Map legend for Figure 2 64 Page 4 of 13 09/20/2017 Flower Power Staff Report File # PL16-0063 Figure 2 — Relief map with Wetlands and Watercourses Annexation and Zoning History The Site was annexed into Tukwila in 1989 as part of the Riverton annexation. At the time of annexation, the Site was zoned single family residential to reflect the prior King County zoning and its existing land use. When the Comprehensive Plan and city-wide zoning were reviewed in 1994, most areas of the City and this Site were not evaluated for any change. Page 5 of 13 09/20/2017 65 66 Flower Power Staff Report File # PL16-0063 Public Comment On July 17, 2017, staff held a public information meeting for residents and property owners within 500 feet of the Site. The key issue raised was a concern for truck travel on 48th Avenue S.; the applicant and attendees noted that navigation is confusing in the area and commercial trucks typically do a hammerhead turn at the intersection of S. 134th Place and 48th Avenue S. Vicinity Information The Site is close to SR 599 and 1-5 freeway access and interchange area. Land Use The Site is located at the outer edge of the LDR district and abuts the C/LI district. The land uses around the Site are consistent with the underlying zones. An auto/truck paint company is across S. 134th Place. Holaday Park, a mechanical systems company, is also across and adjacent to the Site. Single family homes are across 48th Avenue S. and to the west. Page 6 of 13 09/20/2017 Flower Power Staff Report File # PL16-0063 :4585 4611 2404611 200 4611 4611 100 "i. , '* 4615 ' 4625r 4N' 13 40 1334.. � t120 ..-5-1,3_'5422 -1 'ti 13,15 13a344� 4•134{1r fir "° 134 9 C~35 48si „ 1342I ` �' 13 4 4 1 355�`//rt14452 IS r. Figure 3 - Land Use Map Page 7 of 13 09/20/2017 67 Flower Power Staff Report File # PL16-0063 68 Figure 4 — Images surrounding site Existing Regulations Current conditions The Site is constrained by the Southgate stream that traverses the 48th Avenue S. and the S. 134th Place sides of the Site. In LDR districts, 6,500 square foot lots are allowed; however, environmental regulations that require a 100 -foot buffer, limits the buildable area for any additional homes on the half acre lot. Division of the lot into smaller lots could not be approved. Page 8 of 13 09/20/2017 Flower Power Staff Report File # PL16-0063 The nonconforming structure section of the Zoning Code allows in residential districts, a property owner to rebuild or move an existing nonconforming structure to any less non- conforming location on the lot. (TMC 18.70.050(7)). In addition, in residential zones, property owners are allowed to rebuild to their original dimensions and bulk if their home is destroyed. (TMC 18.70.050(2). Rezoned conditions These provisions that allow rebuilding of a nonconforming structure in residential zones would not apply if the Site is rezoned to C/LI, even if the structure continues to be used as a residence after the rezone. The existing single family home would become a nonconforming use with approval of the request because single family dwellings are not a permitted use in the C/LI zone. Approval of the rezone would mean that the nonconforming residential use of the Site could not be moved or intensified. The existing home could be converted to a commercial or light industrial use as long as the structure is not enlarged or changed in some other way that increases the degree of nonconformity. That means that the structure may not intrude farther into the required buffer and required setback. The cost and complexity of converting a residential occupancy to a commercial/light industrial occupancy per Building and Fire codes would require compliance with current standards for items such as, fire, plumbing, electrical, accessibility, mechanical, etc. The applicant's proposed site plan, Exhibit D, would not be allowed because it encroaches farther into the watercourse buffer. The final potential scenario would be that he property owner keeps the existing home and requests a buffer reduction in order to develop the northwestern corner of the site for commercial/light industrial use. Comprehensive Plan and Zoning Map Amendment Criteria The applicant's response to the decision criteria is attached hereto as Attachment C. 1. The proposed amendment to the [Comprehensive Plan and] zoning map is consistent with the goals, objectives, and policies of the Comprehensive Plan. The Residential Neighborhoods Element has the following goal: A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses. (Goal 7.1) The policies of that Element then speak about recognizable boundaries: Page 9 of 13 09/20/2017 69 70 Flower Power Staff Report File # PL16-0063 Maintain a comprehensive land use map that supports the preservation and enhancement of single family and stable multi -family neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries. (Policy 7.1.1) The C/LI zoned lot along the Site's north edge, 4625 S. 134th Place, is improved with an older house, but the lot is being used for parking for Holaday Park, which is the business located across S. 134th Place street (and in a C/LI district,) blurring the boundaries for these distinct zoning districts. The Natural Environment Element has the following goal: Watercourses and their buffers, .... are protected from encroachment and degradation and improved through mitigation, enhancement, and restoration projects. (Goal 4.6) It is difficult to see the development on the Site because the vegetation covers the site and stream; however, the existing structure was constructed over 70 decades ago in the stream buffer prior to enactment of the City's environmental regulations. An existing site plan is attached as Exhibit D. A relevant Economic Development Element policy is: Promote and preserve economic use of industrial lands outside the MIC through appropriate buffering requirements and use restrictions. (Economic Development Policy 2.1.16) The applicant also lists an Economic Development Policy, which is contained on Attachment A, related to promoting and supporting business formation, expansion and the importance of the City's entrepreneurs and small businesses in creating jobs. The applicant references several policies in the Community Image and Identity Element related to local food production, which are listed in his prepared comments for the required Type 5 public meeting. See Attachment A. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title (the Zoning Code) and the description and purpose of the zone classification applied for. The purpose of the Commercial/Light Industrial (C/LI) designation and zone are, "...to provide for areas characterized by a mix of commercial, office, or light industrial uses. The standards are intended to promote viable and attractive commercial and industrial areas."(TMC 18.30.010) Page 10 of 13 09/20/2017 Flower Power Staff Report File # PL16-0063 The Site is similar in character to the adjacent C/LI properties to the north in that it has frontage along S. 134th Place, has Southgate stream along its street frontage, has frequent truck traffic along it's frontage, and is similar in topography. The proposed C/LI zoning would allow the applicant to relocate his existing business, which is a hydroponic bean sprout grow operation, to the City of Tukwila from the City of Kent. His business is currently housed in a warehouse in Kent that is being displaced due to a Green River Levee project. The C/LI zone allows commercial greenhouses with no size limit whereas in LDR, greenhouses are allowed up to 1,000 square feet.) In contrast, the purpose of the Low Density Residential (LDR) district is "... to provide low-density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses."(TMC 18.10.010) Except for the Site, the zoning designation of all properties fronting along S. 134th Place are C/LI. The Site is rectangular with the narrow portion of the lot is along 48th Avenue S and the long side of the lot is along 134th Place. The Zoning Code stipulates that lot frontage shall be "considered the narrowest part of the lot that abuts a street." Because the Site is a corner lot and because there is a significant grade difference between 48th Avenue S. and the Site, access to the Site and overall orientation of the property is from S. 134th Place. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning [and Comprehensive Plan] Map In 2007, a Type 2 Special Permission for a buffer reduction was granted to the property owner of 4501 S. 134th Place. Sound Transit acquired and in 2009 consolidated 11 residentially zoned parcels across 48th Avenue S and diagonally across the street from the Site. There was a Comprehensive Plan and Zoning map change in 2010 when 4300 S. 133rd S. was rezoned from C/LI to Medium Density Residential. Southgate Stream traverses this site and is located two blocks northwest of the Site. There have been no other zoning changes in this area since 1995, when the current zoning was instituted. Page 11 of 13 09/20/2017 71 72 Flower Power Staff Report File # PL16-0063 New homes and short platting are occurring to the south and west of the Site in the LDR district. 4. The proposed amendment to the [Comprehensive Plan and] Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience, and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located. The request would extend the boundary line for the C/LI district to 48th Avenue S. Below is a table comparing the two zones and the building setback and height standards. This comparison shows that the standards are larger for uses in the C/LI than for single family homes in LDR. Also, the standards for building in C/LI increase when the site is within 50 feet of LDR, which would be the case for the Site. Standards in the C/LI zone are in place to minimize impact and any nuisance to adjacent residential properties. No on-site hazardous substance processing, handling, or storage is allowed unless clearly incidental to the permitted use and is subject to state siting criteria. Performance standards are also in effect in the C/LI for air quality, noise and SEPA compliance. CONCLUSIONS 1) Consistency with Comprehensive Plan Comprehensive Plan policies discuss having identifiable boundaries for residential districts. Access and orientation of lots has an impact on the quality of the residential environment. Most single-family home owners prefer to see the same use across the street from them as evidenced by City policy of "identifiable neighborhood boundaries. The Site's existing orientation is to S. 134th Place, which is a commercial local access street, rather than to 48th Avenue S., which is a residential local access street. The existing structure, a home, sits at an elevation that is significantly below 48th Avenue S. which would make access via 48th Avenue more difficult, expensive, and potentially more impactful to Southgate stream than access via 134th Place. Thus, because Page 12 of 13 09/20/2017 LDR C/LI Setbacks Front 20 25 Second front 10 15 Sides 1St floor 5 15 2nd floor 5 20 3rd floor 5 30 Rear 10 15-30 Height 30 45 Standards in the C/LI zone are in place to minimize impact and any nuisance to adjacent residential properties. No on-site hazardous substance processing, handling, or storage is allowed unless clearly incidental to the permitted use and is subject to state siting criteria. Performance standards are also in effect in the C/LI for air quality, noise and SEPA compliance. CONCLUSIONS 1) Consistency with Comprehensive Plan Comprehensive Plan policies discuss having identifiable boundaries for residential districts. Access and orientation of lots has an impact on the quality of the residential environment. Most single-family home owners prefer to see the same use across the street from them as evidenced by City policy of "identifiable neighborhood boundaries. The Site's existing orientation is to S. 134th Place, which is a commercial local access street, rather than to 48th Avenue S., which is a residential local access street. The existing structure, a home, sits at an elevation that is significantly below 48th Avenue S. which would make access via 48th Avenue more difficult, expensive, and potentially more impactful to Southgate stream than access via 134th Place. Thus, because Page 12 of 13 09/20/2017 Flower Power Staff Report File # PL16-0063 access via S. 1341" Place is preferred, including this Site in the C/LI district would be a logical boundary. In addition, the Comprehensive Plan's natural environment policies would support the redevelopment of the Site and the restoration of the buffer for the Southgate stream. A C/LI designation would potentially encourage the redevelopment of the Site. 2) Consistency with Zone The applicant discusses developing a commercial/light industrial business that would be consistent with the proposed Zone and the Site contains the characteristics of similar C/LI properties. 3) Changed conditions The initial zoning districts created and mapped for this area were not based upon an in- depth analysis of site specific conditions. Greater scrutiny of the site and neighborhood characteristics indicate that moving the C/LI boundary to 48th Avenue S., with conditions, meets the purpose of the C/LI zone. 4) Benefit to community The proposed change would set a more logical boundary and not negatively impact the residential environment of 48th Avenue S. if access is limited to S. 134th Place. Compliance with the applicable C/LI and nonconforming standards will ensure the proposed use of the Site will not adversely affect or injure other properties in the vicinity. RECOMMENDATION Staff recommends changing the Zoning map from Low Density Residential (LDR) to Commercial Light Industrial (C/LI) subject to: 1. Addressing and access to commercial Tight industrial uses shall be limited to S. 134th Place. Page 13 of 13 09/20/2017 73 74 Rezone from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) at 13407 48th Av S, Tukwila, WA., 98168 Applicant: Ion Manea Tukwila home owner since 1992 Owner of Heritage Farm Cooperative/Flower Power USA. Growing fresh bean sprouts and employing 5-11 people, in Kent, WA Purpose: Relocate production facility from Kent to Tukwila due to King County Green River Levee Project that will enhance flood control and fish and wildlife habitat also beneficial to Tukwila. Reasons: Tukwila is the most preferred due to the lack of affordable warehouse space and proximity to customers and freeways. Eligible to be compensated for relocation and moving expenses by the King County which is interested to preserve the jobs in the area and is looking favorable into Tukwila relocation. Great opportunity to preserve the business, jobs and customer goodwill and cut the cost while operating in a new facility that we own. V ivaurua1ily Current zoning (LDR) limitations: • Building size not to exceed 4000 sqft • Business need to be operated as a home occupation and is limiting the number of non resident employees to one. • Limited type of land use permitted. Commercial production operations prohibited (nursery, greenhouse etc.) • Customary building materials like corrugate panels are prohibited Other issues to be addressed: • Light rail train noise (80 dBA+) is in non compliance with federal, state, county and city noise regulations for residential areas but within the limit allowed for industrial areas. 5:00 a.m. — 1:00 a.m., every 6 to 15 minutes EMITING RECEIVING Residential Daytime Nightime Commercial Industrial dBA dBA dBA dBA Commercial 57 (72) 47 (62) 60 (75) 65 (80) Industrial 60 (75) 50 (65) 65 (80) 70 (85) • Flooding, Storm -water Drainage, and Fish Habitat Degradation on Southgate East Fork • Pedestrian and traffic safety improvement Compliance purpose • Rezone to Commercial/Light Industrial • Reduction of noise propagation on the property and neighbor's residential area purpose: Plant tall, rapid growing native trees (poplar) Build a tall, long green building parallel to the parallel to West Edge of the property and perpendicular on sound propagation direction. Consistency with City of Tukwila Comprehensive Plan Goals and policies: • 1.10 i. Encourage locally -based food production, distribution, and choice through urban agriculture • 1.1.3.Expand access to quality, healthy, affordable and culturally -appropriate food and groceries for Tukwila residents • 2.1.12 Promote an economic climate that supports business formation, expansion and retention, emphasizing the importance of the City's entrepreneurs and small businesses in creating jobs. • 6.2.2 Provides a buffer between residential areas and ... highways, and railways; • 4.7.6 Retrofit existing City surface water systems, including ditches conveying storm water, to improve the water quality of discharges where.... Benefit to the community: • Rezoning will allow construction of a facility that will act as noise barrier from Sound Transit and nearby businesses and traffic located in the nearby C/LI zone. CONCLUSIONS: • The applicant is seeking the Comprehensive Plan amendment and rezoning in order to bring the parcel in compliance with noise limits regulations and develop the property for relocating of his facilities and personnel and conducting business in Tukwila thus to create the necessary resources to implement the following: Reducing flooding hazard and further degradation of Southgate Creek bed. Improve pedestrian and traffic safety • The desired zoning of C/LI will be annexing to the existing C/LI zoning at north and east of the subject property. • It will remove the size limitation for the building to be constructed (greenhouse/indoor hydroponics type), preserve up to eleven family wage jobs, and operate a Greenhouse/Food manufacturing facility in compliance with Tukwila regulations. • It will increase the City of Tukwila tax base • The rezoning will create no negative impacts. • It will permit relocation from Lower Green River Russell Rd Levee project site and allow King Country to commence the project on schedule. • No changes to functional plans. • No financial resources needed or will be required from the City of Tukwila The subject property is one of the last one that has the size and location to effectively contribute to the restoring of the Southgate Creek fish habitat. 81 82 Attachment C Background and project description The applicant, Ion Manea, a resident and property owner in Tukwila since 1992, requests to redesignate on residential parcel from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) at 13407 48th Av S, Tukwila (Parcel #....). Since 2011, the applicant is engaged in the business of indoor hydroponic grow of bean sprouts, and subsequent daily fresh packing and distribution to Greater Seattle for an estimated consumption of over 70,000 portions of fresh healthy sprouts. The business is operated under Heritage Farm Cooperative/Flower Power USA name and it employs six to eleven people under a Food and Drug (FDA), Washington State Department of Agriculture food processing license. Beginning January 1s1, 2017, it will add Hawaiian fresh Basil to our product line and it will be directly distributing as "Pho & Thai Supply". The basic sprouts production is in done hydroponically in a fully -automated, computer controlled, remote monitored facility at Port of Shelton. Three times a week, sprouts are transported to Kent to be closer to the customer base and labor force. Final growing, packaging and shipping are done, in a rented warehouse space at 22230 Russell Rd., Kent, WA. on the shores of Green River. No hazardous materials are used or noise generated, and good manufacturing practices are employed in order to comply with food safety regulations. To growing operation is 100% indoors, uses only seeds and potable water and aseptic plastic bags as inputs. The output is packaged ready to eat sprouts, and clean potable water at 70 deg F. Recently, the Kent facility building was acquired by the King County, as part of the Green River Levee Project, due to commence on first quarter of 2018, funding permitting. The project is located in Kent, in an area between 212th and 228th street, and Green River and City of Kent Natural Resource Park. The project will enhance flood control and fish and wildlife habitat on the Green River that will be beneficial also downstream to Tukwila residents. As part of the project our facility needs to be vacated and demolished for levee and park relocation. Before relocation there is a need to have a duplicate facility up and running before the old facility could be closed and the Tukwila location is the most preferred due to the lack of affordable warehouse space in the Greater Seattle area and proximity to our customers and freeways. By federal law, the business is eligible to be compensated for relocation by the King County which is interested to preserve the jobs in the area. This will be a great opportunity for us to consolidate both operations, preserve the business, jobs and customer goodwill and cut the cost while operating in a new facility that we own. Problem # 1 Current LDR zoning of the property (approx. 28000 sqft) has the following limitations: 1. Building size not to exceed 4000 sqft 2. Customary building materials like corrugate panels are prohibited 3. Business need to be operated as a home occupation and is limiting the number of non resident employees to one. 4. Parking spaces are limited. 83 5. Limited type of land use permitted. 6. Only a non commercial greenhouse permitted and up to 1500 sqft. Problem # 2 The applicant resides at 13497 48th Av S, Tukwila, in the vicinity and in direct line of sight of the worst spot, south of the Duwamish River Bridge with average readings of 65 dBA. A combination of rails curvature, slope and trains speed create frequent noises that were measured above the noise level allowed by the federal regulations in residential areas Currently, the noise on the property is in non compliance with the, federal, state and local noise regulations for residential areas but within the limits allowed for industrial areas. According to Sound Transit and property site measurements, ear -aching noise from light rail's from the light rail line in the vicinity and at the property line exceeds the Federal, State and local permitted level. The maximum permissible sound levels depend on the land use district of both the source noise and receiving property. Washington State and Department of Ecology (WAC Chapter 173-60) and King County (KCC 12.88.020) limits noise levels (dBA) at property lines are as follows: Source Receiving Property Residential Commercial Industrial Day Night Residential 55 45 57 60 Commercial 57 47 60 65 Industrial 60 50 65 70 Solutions Compliance purpose: Rezone to Commercial/Light Industrial Reduction of noise propagation on the property and neighbor's residential area purpose: Plant tall, rapid growing native trees (poplar) Build a tall, long green building parallel to the parallel to West Edge of the property and perpendicular on sound propagation direction. Access the property to the north end, further from residential (500 ft) but closer to C/LI zoning. Problem # 3 Flooding, Storm -water Drainage, and Fish Habitat Degradation City of Tukwila manages storm -water conveying ditch system, referred in general as Southgate Creek. The subject property contains approx. 300 ft of storm -water drain (sometimes assumed and refer to as Southgate Creek tributary) that is classified as type II stream, a use - based classification is Salmonid Spawning/Rearing and Secondary Contact Recreation, 84 because the Southgate Creek main water course discharges to the Duwamish River downstream of the confluence with the Black River. The Southgate Creek extends under SR 599 through about 320 feet of culvert, a fish ladder, and large arch culvert into the Duwamish River downstream of the Black River confluence. No water quality data is available for this Southgate Creek drainage basin. The storm -water drain collects the waters coming down from the hills of Macadam Road and 1-5 . Between S 138th and S 136th Street, a small forested riparian wetland that provides base flow support, erosion control and water quality improvements that is beneficial habitat for songbirds, birds of pray, small mammals and amphibians. It enters the subject property trough a concrete discharge pipe piercing through 48th Av S embankment to fall approx. 3 ft into a ground pool. From there it further flows down on a brick ramp and into an underground conveyance concrete pipe. The water flows further downstream into a roadside drainage ditch located on the subject property edge along the S 134th PL Street. Due to large elevation drop and steep gradient, both concrete pipe and brick ramp are fish migration barriers. After flowing through several driveway culverts, at the end of S 134th Street and close to S 133`d Street, the water flows though a high-flow bypass structure into an underground piping network for final discharge into Duwamish River. The storm -water drain conveyance channel located on the subject property is badly eroded and it has poor quality riparian vegetation, invasive vegetation, narrow or non- existent buffers and eroded armored banks. Potential gravel spawning grounds are covered in sand, and pools for resting and feeding are filled with sediments. Since the shallow water and exposed to the sun for much of its canal length, the water heats to an unhealthy temperature for salmon. Without much native vegetation, fewer insects drop into the river to provide food. And periodic floods rush down the creek bed, wiping out spawning grounds and subjecting the fish to high levels of contaminants like phosphates, heavy metals and toxics. During heavy rains, a tremendous volume of turbid muddy water flow exceeds the capacity of the system and floods away the ground, conveyance ditch and inundates the house first floor. To alleviate peak flow flooding, a high-flow bypass (24" diameter underground piping system) was installed upstream of the intersection of 48th Av S and S 134th Street. Although the system has large water caring capacity, its water intake bottom is higher than the top of top of the concrete pipe discharging storm -water on the subject property. Also, the most frequently, the system intake is covered in part with mostly wood debris left over form previous high waters. As a result, the system kicks in only if full flow exceeds in the concrete pipe capacity and water backs up above the debris plugging up the high-flow bypass intake. Due to raised level, higher flower rates increase and causes high water velocity, erosion and transportation of gravel and soil from upstream to downstream. Basically, the high-flow bypass is working only to eventual protecting street flooding but not the downstream watercourse or the subject property; both located 10 ft bellow 48th Av S street level. As result sediments have been deposited, have reduced effective culvert conveyance capacities and covered up salmon spawning gravels. According to City of Tukwila 2013 Strom Water Comprehensive Plan, some rearing habitat (no spawning) is possible and only in some small sections along S 134th PL. Portions of the Southgate Creek main stream at the intersection of 44tr Av S and S 131s1 Street are often completely blocked by sediment and debris. Although the fish ladder at the SR 599 culvert is likely is a fish barrier during low stream flows, it is assumed that by the WDFW that Coho salmon are potentially present in Southgate Creek. One single juvenile salmon was observed in Southgate Creek more than 20 years ago and reported by a City of Tukwila employee. That was at the time when the main Southgate Creek was sustaining a health flow through hydraulically balanced riparian wetlands. That was before Nor -Med constructed a wetland that differs from the designed one and caused flow to slow down due to sediments deposited and cattails to grown directly within the fish channel itself. As a result, the water velocity becomes so low that the water could not flush through the wetland complex and often have been flooding of S 131st Street. That was before Southgate Creek was piped under S 133`d Street to connect an existing high-flow bypass structure (total fish barrier) initially installed to reduce flooding east of the S133rd Street/S134th PL intersection (caused from waters coming along S 134 PL Street). The intake structure of this high-flow bypass uses wood boards to set the final creek bypass level. When the boards are installed, low flows pass to the northwest along the creek drainage, while high flows are diverted from the main creek to mitigate flooding. The City has removed the boards to allow a greater amount of stream flow to be diverted and reduce flooding potential at the Nor -Med site. The result was increased sedimentation and increased frequency of backwater conditions in Southgate Creek main stream, requiring more water diversion though high- flow bypass under S133rd Street. The net result is further discharge of Southgate Creek main stream final discharge to into Duwamish River via a total fish barrier and underground piping system. Currently, even at low waters, Southgate Creek main stream waters are continuously back -flowing South underneath S 133`d Street. Back -flowing south towards high-flow bypass structure, is proof that its intake is at a lower elevation its intake, and therefore, at that point, the entirely flow of water (including waters coming downhill from 48th Av along S 134 PL Street). Furthermore, although it is hydraulically connected o Southgate Creek, the entire water flow of the storm -water drain along S 134th PL Street is not discharging to Duwamish River via the main Southgate Creek through Nor -Med wetlands but directly trough the high-flow/total fish barrier /underground piping system. It is impossible that any fish will migrate upstream into storm -water drain located on the subject property via high-flow bypass piping/fish barrier structure (id50017) such that at the S 133rd Street/S 134 PL Street intersection. According to field survey engineering reports there is also a total fish barrier blocking the main Southgate Creek main flow at S 133rd St/E Marginal Way Culvert (id50021) due to steep gradient. Also, discharge pipe across 48th Av S and underground brick ramp are total fish barriers that will make impossible fish passage upstream of 48th Av S. In conclusion, upstream fish migration from Duwamish River into main Southgate Creek has only one option: through a very low water flow, impeded by cattail growing, and sediment overheated channel, and after negotiating two partial barriers/potential fish 86 The 0.7 acre site has a single-family old house (1948 build) that is the applicant main residence. The subject LDR property is essentially a rectangle approx. 256 ft x 110 ft, with no LDR zoning on three sides and acting as a buffer between C/LI and LDR zoning and between light rail right of way and the LDR proprieties further west. According to King County records, the property edges are 15ft and 20ft from the arterial center lines, respectively 134 PL Street and 48th Av S. The property has less that 15% slope, with no reduced potential for geological activity. Property contains approx. 300 ft of storm -water drain (sometimes assumed and refer to as Southgate Creek tributary) that is classified as type II stream The buffer for a type II stream is 100 ft with an additional setback of 15 ft. There is no buffer or setback on'the 134 PL Street side of the watercourse, with pavement ending at the watercourse high water mark. Further downstream of the subject property, there is no buffer on each side of the watercourse with storm -water runoffs and debris from the street and parking lots ending into the watercourse. On the other hand, the subject property East/West width is 110' .Allowance for 100' buffer and 15' setback from buffer edge will exceed the entire property and it would deny all reasonable use. A. COMPREHENSIVE PLAN REVIEW CRITERIA (TMC 18.80.050) 1. Describe how the issues are addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The applicant is seeking the Comprehensive Plan amendment and rezone in order to bring the parcel in compliance with noise limits regulations and develop the property for relocating of his facilities and personnel and conducting business in Tukwila thus to create the necessary resources to implement the following: 1. Reducing flooding hazard and further degradation of Southgate Creek bed. 2. Rearing and acclimation of juvenile fish to be released in restored sections of the Southgate Creek. 4. Elimination of fish barriers and increase fish habitat surface and water quality of the watercourse on the property. The desired zoning of C/LI will be annexing to the existing C/LI zoning at north and east of the subject property. It will bring the property in compliance with the noise regulations and will allow consolidation and relocation cf existing operations from Kent and Shelton. It will remove the size Iimitat'on for the building, preserve up to eleven family wage jobs, and operate a Greenhouse/Food manufacturing facility in compliance with Tukwila regulations. It will increase the City of Tukwila tax base. 5 87 The proposal is consistent with the objectives as stated on City of Tukwila Comprehensive Plant and City of Tukwila Storm water Comprehensive Plan and more specifically with the following goals and policies: 1.10 Food security, local food production and public health are promoted. i. Encourage locally -based food production, distribution, and choice through urban agriculture 1.1.3 Expand access to quality, healthy, affordable and culturally -appropriate food and groceries for Tukwila residents 2.1.12 Promote an economic climate that supports business formation, expansion and retention, emphasizing the importance of the City's entrepreneurs and small businesses in creating jobs. 4.5.5 encourage removal of piped sections of watercourses as part of new or redevelopment and public projects. 4.5.6 eliminate existing barriers to fish passage through implementation of capital improvement projects and by providing incentives to private sector development. 6.2.2 Provides a buffer between residential areas and industrial areas, highways, and railways; 6.2.5 Integrate natural features, such as day lighting streams, and adding trees, shrubs and other plants into the built environment, including residential, commercial and industrial areas. 4.5.1 Restore watershed function through sensitive area restoration projects on publicly -owned lands, and by working with property owners to restore/improve sensitive areas on private property. 4.5.6 .... eliminate existing barriers to fish passage through implementation of capital improvement projects and by providing incentives to private sector development 4.7.1 Impfbve surface water management and ensure provision of water quality treatment where required. 4.7.6 Retrofit existing City surface water systems, including ditches conveying storm water, to improve the water quality of discharges where there are significant water quality or fish and wildlife benefits. 88 2. Rearing and acclimation of juvenile fish to be released in restored sections of the Southgate Creek. 5. Elimination of fish barriers and increase fish habitat surface and water quality of the watercourse on the property. The desired zoning of C/LI will be annexing to the existing C/LI zoning at north and east of the subject property. It will bring the property in compliance with the noise regulations and will allow consolidation and relocation of existing operations from Kent and Shelton. It will remove the size limitation for the building to be constructed (greenhouse/indoor hydroponics type), preserve up to eleven family wage jobs, and operate a Greenhouse/Food manufacturing facility in compliance with Tukwila regulations It will increase the City of Tukwila tax base. The proposal is consistent with the objectives as stated on City of Tukwila Comprehensive Plant and City of Tukwila Storm -water Comprehensive Plan and more specifically with the following goals and policies: 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; The rezoning will create no negative impacts. It will make possible.dedication of the resource to reduce the noise pollution.to the neighborhood, reduction of flooding hazard and further degradation of Southgate Creek bed. It will retain and relocate eleven jobs. 3. A comprehensive explanation of why the current comprehensive plan or development regulations are deficit or should not continue in effect; (be specific; cite policy numbers and code sections that apply) Please see attached narratives: Current LDR zoning of the property (approx. 28000 sqft) has the following limitations: • Building size not to exceed 4000 sqft (TMC 18.10.057.2) • Customary building materials like corrugate panels are prohibited • Business need to be operated as a home occupation and is limiting the number of non resident employees to one (TMC 18.09) • Parking spaces are limited. (TMC 18.56.) • Limited type of land use permitted. (TMC 18.09) • Only a non commercial greenhouse permitted and up to 1500 sqft, 4. A statement of how the proposed amendment complies with and promotes the goals and the specific requirements of the Growth management Act; The proposed amendment complies with and promotes the goals and the specific requirements of the Growth management Act 5. A statement of how the proposed amendment complies with applicable The proposed amendment complies County Wide Planning policies with applicable County Wide Planning policies; It will permit relocation from Lower Green River Russell Rd Levee project site and allow King Country to commence the project on schedule. The project is of 89 major importance for flood protection and habitat enhancement for Tukwila Green River shoreline in the proximity and downstream of the project. 6. A statement of what changes, if any, would be required to functional plans (Le., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; No changes to functional plans. 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect capital facility plans of the City; No financial resources needed or will be required from the City of Tukwila 8. A statement of what changes, if any, are required in other City codes, plans or regulations to implement the proposed change. Comprehensive Land Use and Zoning Map need to show new boundary (extended one parcel south and west at the corner of S 134th PL and 48th Av S) References: o Tukwila Streams, Struggling For Life, Could Get City Aid, by Geordie Wilson, Seattle Times, September 17, 1991 • Southgate Creek Assessment, by CH2M Hill, Inc., City of Tukwila contract 10-080, September 2, 2010 • City of Tukwila 2013 Surface Water Comprehensive Plan, by February 2013 o Order 2590, U.S. Army Corps Reference # 200500013, Water quality Certification Letter to Nor -Med Shaw Partnership, by State of Washington Department of Ecology, July 22, 2005 • Southgate Creek Sedimentation Assessment, by CH2M Hill, Inc., October 2010 • Ordinance 2310 - Amend Comprehensive Land Use Map for property at 4300 South 133'd Street- City of Tukwila, September 20, 2010 90 FISH MIGRATION TOTAL BARRIER STORMWATER FLOW 18" CONCRETE CULVETR APPROX. 24" WATER FALL PEDESTRIAN. > HAZARD L I -X 13 STI\G 07 SITJATIO\ 8tn AV S, UNDERGROUND PIPE INTAKE STORM DEBRIES BLOCKAGE CAUSE OF PROPERTY FLOODING EXISTING 18" CONCRETE UNDERGROUND PIPE BROKEN IN PLACES T '(WI LA, WA. 98168 RECEIVED JUN 15 2017 Community Development L3 ZONING) 15 FT WATERCOURSE BUFFER SETBACK UNDERGROUND CONVEYANCE PIPE STORM DEBRIES BLOCKAGE OR BYPASS LEAKING AND ERROSION UJ LL1 .C) W(/) Qct IQ 00 _1 Z F- O= c2 lL� EXISTING STORMWATER DUMP POOL APPROX. 100 SOFT UPPER OPEN CHANNEL N:: APPROX. 277 SOFT NO TRAFFIC VISIBILITY EXISTING TREES 100 FT WATERCOURSE BUFFER BOUNDRY EXISTING SITUATION 13407 48th AV S, TUKWILA, WA. 98168 EXISTING CONCRETE PAD EXISTING 18" CONCRETE EXISTING CULVERT GRAVEL DRIVEWAY LOWER OPEN CHANNEL APPROX. 314 SOFT 256 FT STREET ACCESS STORMWATER DICH TYPE II WATERCOURSE 134TH STREET (SIDE) CLI ZONING ACROSS THE STREET NOT TO SCALE (DETAILED ENGINEERING IN PROGRESS) 1- 0 0 NORTH Z_ Z 0 Ni J U LU 0 U1 cs) REC7'1,'ED N.) JUN 15 NEW STREET ACCESS DROPOSAL 1340/ 48t IA ZONI\G n AV S, TJ ,<WILA, WA. 98168 t tta tla tt: tr tr. tr e T* e 1.111 e 0 0 0 0 gag• 0 0. 10 10 e-"-----'") . _ F--kt G uJ (f)uJ' .V) UJV) >0 act ZC.) _J cr Li_ __; 11; NEW LANDSCAPING TALL TREES SOUND BARRIER NEW CONCRETE PAD I. 2835 SOFT NEW BUILDING „„_• , °., , ENVELOPE PROPOSED BUILDING SPROUTS GROWING Cornrrur.tv Development BUFFER BOUNDRY 50% REDUCTION 256 FT f----STORMWATER ICH 1 34TH STREET SIDE) TYPE II WATEOURSE STREET ACCESS CLI ZONING ACROSS THE STREET NOT TO SCALE (DETAILED ENGINEERING IN PROGRESS) 0 NORTH z 0 C.) uJ 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE PLAN AS PART OF ITS ANNUAL DOCKET FOR 2016-2017 BY UPDATING THE TRANSPORTATION ELEMENT AND BY MODIFYING THE COMPREHENSIVE LAND USE MAP; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila is required to plan under the Growth Management Act (RCW 36.70A.040); and WHEREAS, the Growth Management Act requires that comprehensive plans and development regulations be subject to continuing evaluation and review and allows comprehensive plans to be amended on an annual basis, but no more than once a year, with certain exceptions; and WHEREAS, the Growth Management Act provides that amendments to comprehensive plans shall be considered simultaneously with an evaluation of the cumulative effects of the requested amendments and for general consistency of each amendment with the Plan, while also allowing for separate review and adoption of each individual proposal; and WHEREAS, it has been at least one year since the City initiated an annual amendment to its Comprehensive Plan; and WHEREAS, the Puget Sound Regional Council (PSRC) reviews local comprehensive plans to evaluate consistency with Vision 2040 and certification is required to receive PSRC funding to proceed with projects through the Regional Transportation Improvement Program; and WHEREAS, the PSRC found that during Tukwila's 2015 periodic update of its Comprehensive Plan, the traffic modeling did not use the 2031 employment number forecast and, therefore, the assumptions regarding impacts, capital facilities and land use goals and policies were outdated; and W: Word Processing\Ordinances\Transportation Element of Comprehensive Plan 9-12-17 MB:bjs Page 1 of 3 93 WHEREAS, the City has revised its employment forecast to the 2031 assumptions and undertaken a new traffic model run to evaluate the impacts on its land use, capital facilities, housing, and other elements of its Comprehensive Plan based upon those 2031 forecasts; and WHEREAS, the City received two requests from property owners (Flower Power and Vintage@Tukwila) for re -designation of their properties as part of the 2016-2017 annual Comprehensive Plan amendment docket; and WHEREAS, on August 1, 2017, the City of Tukwila issued an addendum to the Tukwila Comprehensive Plan Environmental Impact Statement (File #E17-0009, previously issued on October 9, 1995 file #L92-0053) that analyzed the potential impact of the changed employment assumptions and its implications and impacts to the other elements of the Comprehensive Plan; and WHEREAS, on September 14, 2017, the City of Tukwila issued a Determination of Nonsignificance pursuant to the State Environmental Policy Act (SEPA) (Chapter 197- 11 WAC) and Tukwila Municipal Code Title 21 for the proposed changes to the Flower Power site on the Comprehensive Plan's Land Use Map from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI); and WHEREAS, the applicant for Vintage@Tukwila desires to postpone the hearing and decision on its application until 2018, pending additional review and analysis of area - wide impacts to the Ryan Hill neighborhood; and WHEREAS, the City of Tukwila provided the required 60 -day notification of the proposed Comprehensive Plan amendments to the Washington State Department of Commerce (DOC) under RCW 36.70A.106; and WHEREAS, on August 24, 2017, the City of Tukwila Planning Commission held a public hearing and considered the requested changes to the Transportation Element and forwarded its recommendation to the City Council; and WHEREAS, on September 25, 2017, the City Council held a duly noticed public hearing to receive comments on the recommended changes to the Transportation Element and the proposed changes to the Comprehensive Plan's Land Use Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions. The City Council hereby adopts the Findings and Conclusions, attached hereto as Exhibit A and incorporated by this reference as if fully set forth herein. Section 2. The Transportation Element. The Transportation Element of the City of Tukwila Comprehensive Plan is hereby amended as shown in Exhibit B. W: Word Processing\Ordinances\Transportation Element of Comprehensive Plan 9-12-17 MB:bjs 94 Page 2 of 3 Section 3. Flower Power Re -Designation Approved. Flower Power, located at 13407 48th Avenue S., Tukwila, Washington, King County tax parcel 2613200028 (the "Flower Power site"), and depicted and legally described on the attached Exhibit C, is hereby re -designated from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) subject to access and addressing for commercial light industrial uses shall be limited to S. 134th Place. Section 4. 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 the changes in designation from LDR to C/LI for the Flower Power site as authorized in Section 3 of this ordinance. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 7. 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 , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: Exhibit A — Findings and Conclusions Exhibit B — Comprehensive Plan Transportation Element Exhibit C — Flower Power Legal Description and Site Map W: Word Processing\Ordinances\Transportation Element of Comprehensive Plan 9-12-17 MB:bjs Page 3 of 3 95 96 AFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 13407 48TH AVENUE S., TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL/LIGHT INDUSTRIAL (C/LI); 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, as part of the City's 2016-2017 Comprehensive Plan docket of potential amendments, the City received an application for consideration of a change to the Comprehensive Land Use and Zoning Maps for the Flower Power project; and WHEREAS, on July 17, 2017, City staff held the required public meeting regarding the proposed change to the Zoning Map (Exhibit A) for the surrounding property owners and tenants; and WHEREAS, at the public meeting an adjacent resident expressed concern about truck and commercial traffic on 48th Avenue S. that would be associated with the proposed change; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act by making a determination on September 14, 2017 that no significant environmental impact would occur as a result of the Zoning Map change; and WHEREAS, notices of the public hearing were timely published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, on September 25, 2017, the City Council 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 W: Word Processing\Ordinances\Rezone approval -Flower Power 9-12-17 MB:bjs Page 1 of 3 97 WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions and has determined the public interest will be served by approving the rezone application, which is in compliance with the City of Tukwila Comprehensive Plan's Land Use Map; 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 Findings and Conclusions, attached hereto as Exhibit B and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved Subject to Condition. The property located at 13407 48th Avenue S., Tukwila, Washington, King County tax parcel #2613200028, as legally described and shown in the attached Exhibit C, is hereby approved to be rezoned from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) subject to the condition that addressing and access to commercial light industrial uses shall be limited to S. 134th Place. Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official Zoning Map to show the zoning change authorized in Section 2. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W: Word Processing\Ordinances\Rezone approval -Flower Power 9-12-17 MB:bjs 98 Page 2 of 3 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A — Zoning Map Exhibit B — Findings and Conclusions Staff Report (File #PL16-0063) Exhibit C — Legal Description and Site Map W: Word Processing\Ordinances\Rezone approval -Flower Power 9-12-17 MB:bjs Page 3 of 3 99 100 Exhibit A Comprehensive Plan and Zoning Maps 101 102 Flower Power Site Specific Map Change Findings and Conclusions Background Exhibit B This application is part of the 2016-2017 annual docket for amendment of the Comprehensive Plan. The purpose of an annual docket is to ensure that changes to the Comprehensive Plan are only considered once a year and that they are considered concurrently so the cumulative impact of the proposals can be determined. The applicant is seeking changes in the Comprehensive Plan and Zoning maps for a 28,270 -square foot lot located at 13407 48th Ave. S., Tukwila, Washington, King County tax parcel no. 261320-0028 (the "Site") from Low Density Residential (LDR) to Commercial Light Industrial (C/LI) for the following reasons: 1. As the resident of the home located on the Site, he thinks that the noise from the LINK trains is unacceptable in a residential setting; 2. As the property owner of the Site since 1992, he has had much flooding from the Southgate stream that travels along the south and east sides of the Site and along the edge of the existing home. A 2003 project to install a high flow by-pass upstream of the site does not alleviate all flooding, which continues during rain storms. 3. He owns and operates a business growing bean sprouts, which he sells commercially and that is being displaced by a King County levee project in Kent. He would like to relocate his operation to this Site where he currently lives. C/LI zoning on the Site would allow the hydroponic growing of the bean sprouts and their assembly and distribution. This non -project proposal is a quasi-judicial change to the land use designation on the Tukwila Comprehensive Plan and Zoning maps. If the zoning is changed, any C/LI use would be permitted subject to all City regulations; however, the applicant has stated his intent to construct a new commercial/light industrial building for his hydroponic bean sprout business. The applicant submitted an existing site plan and a proposed site plan as an example of his intent. COMPREHENSIVE PLAN AND ZONING MAP CHANGE CRITERIA 1) The proposed amendment to the [Comprehensive Plan and] zoning map is consistent with the goals, objectives, and policies of the Comprehensive Plan. Comprehensive Plan policies discuss having identifiable boundaries for residential districts. Access and orientation of lots has an impact on the quality of the residential environment. Most single-family home owners prefer to see the same use across the street from them as evidenced by City policy of "identifiable neighborhood boundaries." The Site's existing orientation is to S. 134th Place, which is a commercial local access street, rather than to 48th Avenue S., which is a residential local access street. The existing structure, a home, sits at an elevation that is approximately 10 feet below 48th Avenue S., which would make access via 48th Avenue more difficult, expensive, and potentially more impactful to Page 1 of 4 103 Exhibit B Southgate stream than access via 134th Place. Thus, because access via S. 134th Place is preferred, including this Site in the C/LI district would be a logical boundary. In addition, the Comprehensive Plan's natural environment policies would support the redevelopment of the Site and the restoration of the buffer for the Southgate stream. A C/LI designation would potentially encourage the redevelopment of the Site. The Flower Power application for a map change is supported by the following Comprehensive Plan policies: The Residential Neighborhoods Element goal: A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses. (Goal 7.1) The policies of that Element then speak about recognizable boundaries: Maintain a comprehensive land use map that supports the preservation and enhancement of single family and stable multi family neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries. (Policy 7.1.1) The C/LI zoned lot along the Site's north edge, 4625 S. 134th Place, is improved with an older house, but the lot is being used for parking for Holaday Park, which is the business located across S. 134th Place street (and in a C/LI district,) blurring the boundaries for these distinct zoning districts. The Natural Environment Element has the following goal: Watercourses and their buffers, .... are protected from encroachment and degradation and improved through mitigation, enhancement, and restoration projects. (Goal 4.6) It is difficult to see the development on the Site because the vegetation covers the site and stream; however, the existing structure was constructed over 70 decades ago in the stream buffer prior to enactment of the City's environmental regulations. An existing site plan is attached as Exhibit D. A relevant Economic Development Element policy is: Promote and preserve economic use of industrial lands outside the MIC through appropriate buffering requirements and use restrictions. (Economic Development Policy 2.1.16) The applicant also lists an Economic Development Policy, which is contained on Attachment A, related to promoting and supporting business formation, expansion and the importance of the City's entrepreneurs and small businesses in creating jobs. The applicant references several policies in the Community Image and Identity Element related to local food production, which are listed in his prepared comments for the required Type 5 public meeting. See Attachment A in the Staff Report. Page 2 of 4 104 Exhibit B 2) The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title (the Zoning Code) and the description and purpose of the zone classification applied for. The purpose of the Commercial/Light Industrial (C/LI) designation and zone are, "...to provide for areas characterized by a mix of commercial, office, or Tight industrial uses. The standards are intended to promote viable and attractive commercial and industrial areas." (TMC 18.30.010) The Site is similar in character to the adjacent C/LI properties to the north in that it has frontage along S. 134th Place, has Southgate stream along its street frontage, has frequent truck traffic along it's frontage, and is similar in topography and lot size. The applicant discusses developing a commercial/light industrial business that would be consistent with the proposed Zone and the Site contains the characteristics of similar C/LI properties. The proposed C/LI zoning would allow the applicant to relocate his existing business, which is a hydroponic bean sprout grow operation, to the City of Tukwila from the City of Kent. His business is currently housed in a warehouse in Kent that is being displaced due to a Green River Levee project. The C/LI zone allows commercial greenhouses with no size limit whereas in LDR, greenhouses are allowed up to 1,000 square feet.) In contrast, the purpose of the Low Density Residential (LDR) district is "... to provide low-density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses." (TMC 18.10.010) Except for the Site, the zoning designation of all properties fronting along S. 134th Place are C/LI. The Site is rectangular with the narrow portion of the lot is along 48th Avenue S and the long side of the lot is along 134th Place. The Zoning Code stipulates that lot frontage shall be "considered the narrowest part of the lot that abuts a street." Because the Site is a corner lot and because there is a significant grade difference between 48th Avenue S. and the Site, access to the Site and overall orientation of the property is currently from S. 134th Place. 3) There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning [and Comprehensive Plan] Map. In 2007, a Type 2 Special Permission for a buffer reduction was granted to the property owner of 4501 S. 134th Place. Sound Transit acquired and in 2009 consolidated 11 residentially zoned parcels across 48th Avenue S. and diagonally across the street from the Site. There was a Comprehensive Plan and Zoning map change in 2010 when 4300 S. 133rd S. was rezoned from C/LI to Medium Density Residential. Southgate Stream traverses this site and is located two blocks northwest of the Site. There have been no other zoning changes in this area since 1995, when the current zoning was instituted. New homes and short platting are occurring to the south and west of the Site in the LDR district. Page 3 of 4 105 Exhibit B The initial zoning districts created and mapped for this area were not based upon an in-depth analysis of site specific conditions. Greater scrutiny of the site and neighborhood characteristics indicate that moving the C/LI boundary to 48th Avenue S., with conditions, meets the purpose of the C/LI zone. 4) The proposed amendment to the [Comprehensive Plan and] Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience, and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located. The request would extend the boundary line for the C/LI district to 48th Avenue S. A comparison of standards between the LDR and C/LI zones shows that the standards are larger for uses in the C/LI than for single family homes in LDR. Also, the standards for building in C/LI increase when the site is within 50 feet of LDR, which would be the case for the west property line of the Site. Standards in the C/LI zone are in place to minimize impact and any nuisance to adjacent residential properties. No on-site hazardous substance processing, handing, or storage is allowed unless clearly incidental to the permitted use and is subject to state siting criteria. Performance standards are in effect in the C/LI for air quality, noise and SEPA compliance and environmental regulations for restoring and protecting environmentally sensitive resources. The proposed change would set a more logical boundary and not negatively impact the residential environment of 48th Avenue S. if access is limited to S. 134th Place. Compliance with the applicable C/LI and nonconforming standards will ensure the proposed use of the Site will not adversely affect or injure other properties in the vicinity. Page 4 of 4 106 Exhibit C Flower Power Legal Description and Site Map Comprehensive Plan and Zoning Map change file # PL 16-0063 154701s 58806#s 0042 tf1lx Ma. 2„14 COM 1120015 0046 0043 414 xuro mr, TRAC 12150#s 0047 2111210 110"A 77009s 0050 11000#s 003 1000485 18d0,els '0'11113 '.. d5A 69261 • LOT 00, 16,10 419.0_ 66681 -49p 0023 • O,' 61> SS � 55562#2 i', • 0030 "0414) Site 0022 4, 96009s 003 TU 0029 7854 PARCEL VOL 9-95 p• 9 ROM '1'p LO 69221 ._ " 0021; BLA LOT 1 QQ ro° 49 23 uT ` 7687# 0026 25,11! LOA 28270fis 0025 dao x.211 . 31.42 hry 1Pci B1 0 , s. 28270#s C)°28/, p0 19 425 20 12000#s ''P '110-21-49 47.30 N19-22-3 X5.5 Q•' ,• GSA q4 �yV •pC Tp •,pO , T2 6wi. • v r• L p o �V7 • ?i415-0`1- 456E 648-18-0421 41. 99001 2141-41-563 yy 16.49 0110 �, 3y 1d-2> _09F 3 _ 4125 _ _ N m 5160#s2,' Tract 13 Fostoria Garden Tracts Vol. 9 pg. 95 Tax Record: Quarter NE, Section 15, Township 23, Range 4 (NE -15-23-4) Parcel 261320-0028, Fostoria Garden TRS NELY 110 FT 107