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Ord 2255 - Rezone 3421 South 144th Street to High Density Residential (HDR)
City of Tukwila Washington Ordinance No. 2255 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 3421 SOUTH 144TH STREET, TUKWILA, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO HIGH DENSITY RESIDENTIAL (HDR); 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 May 18, 2009, 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 6, 2009, Zoning Code and Map amendments were determined to have no significant environmental impact; and WHEREAS, on July 23, 2009, 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 October 12, 2009, 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 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. The property located at 3421 South 144th Street, including Tax #0040000088 and described in the attached Exhibit 2 and shown on the W \Word Processing \Ordinances \Zoning Code Amend Overbeck.doc RF /ksn 10/13/2009 Page 1 of 6 map as Exhibit 3, is hereby approved to be rezoned from Medium Density Residential (MDR) to High Density Residential (HDR). 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 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 0 H CITY OF TUKWI _.A, WASHINGTON, at a Regular Meeting thereof this 1 Cl day of (7 Cro 3 Pr 2009. ATTEST jjUTHENTICATED: Christy O'Flaherty, CMC, City Cler APPROVED AS TO FORM BY: Of Q is -Q t 'ty Attorney W:\ Word Processing \Ordinances \Zoning Code Amend Overbeck.doc RF /ksn 10/13/2009 Filed with the City Clerk: 1 l GI- 9 Passed by the City Council:_) 0 6'1 i -©'i aggerto 4 yor -X Published: Effective Date: Ordinance Number: Attachments: Exhibit 1 Findings and Conclusions, Planning Commission Staff Report (File #L09 -002), 7/23/09 Exhibit 2 Legal Description Exhibit 3 Zoning Code Map 4— Due to a problem at the Seattle Times, the ordinance was published 10/23/09 and becomes effective 10/28/09 Page 2 of 6 Exhibit 1 Findings and Conclusions Planning Commission Staff Report (File L09 -002) July 23, 2009 Medium Density Residential to High Density Residential at 3421 S. 144th 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 (Staff Report, 7/28/09, File# L08 -077), 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 existing 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 single- family dwelling unit is permitted per lot. This reflects the existing dwelling unit immediately to the west, and the structure that was recently demolished. Per TMC 18.14.010 Purpose, the proposed High Density Residential (HDR) district is "intended to provide a high density, multiple family district which is also compatible with commercial and office areas... The HDR permits multi family dwellings, and townhouses up to four attached units. Maximum building height is 45 feet. As the MDR zone, the HDR zone permits one detached single family dwelling per lot. This reflects the single family dwelling unit formerly located immediately to the east. The current Medium Density Residential (MDR) zoning allows a maximum of 14.5 units /acre. Town houses would require a 3,000 s.f. minimum lot size per unit. Under current zoning, a maximum of approximately 3.6 townhouse or multi- family units could be built on the .25 acre rezone site. The proposed High Density Residential (HDR) allows a maximum of 22 units /acre with minimum 2, 000 s.f. lot size. In this instance, approximately 5.5 units could be built on the property. This would mean an incremental increase of two additional units could be built on the parcel if the zoning change from MDR to HDR were approved. The off street parking requirements are the same for both the existing MDR, and the requested HDR zone. Two parking spaces would be provided for each dwelling unit that contains up to three bedrooms. One additional off street parking space shall be required for every two bedrooms in excess of three bedrooms. Landscape, building separation, recreation space requirements are the same for both the MDR and HDR zones. W \Word Processing\ Ordinances\ Zoning Code Amend Overbeck.doc RF /ksn 10/13/2009 Page 3 of 6 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map In 1995, the land along S. 144 was designated High Density Residential (HDR) in recognition of large multi family structures that were already in place. Three single family structures were designated Medium Density Residential (MDR). Considerable planning efforts and infrastructure improvements have been focused on the area along Tukwila International Boulevard, one block to the east, to prompt revitalization. This includes infrastructure and urban roadway improvements, as well as developing Cascade View Community Park on S. 144 Street. Attention has been focused on the need to provide greater housing choice for current and future residents throughout Tukwila. In 2008, the Zoning Code was revised to allow townhouse development that would give residents an opportunity to own their own units. The immediate vicinity of the site has also undergone changes. The adjacent single- family house on HDR property to the east was vacated in 2001, and was demolished thereafter, leaving a vacant lot. The single- family structure on the subject property was condemned by the King County Health Department in 2000. After continued code violations, the single family structure on the subject property was demolished in 2009. One single family dwelling remains on the block. Changed conditions, especially the demolition of single- family structures, support the extension of the HDR zoning. 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 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 neighborhood conditions. Rezoning the property to HDR will result in somewhat denser development and somewhat greater traffic and other impacts than development under the existing MDR zoning. The added impacts would be very small since the requested HDR zoning allows only two more units to be built than the existing MDR. With the exception of the subject property, a vacant lot adjacent to the east, and a single family house adjacent to the west, the entire block is already zoned HDR and is developed with apartments along S. 144 a collector arterial. New development would enhance the neighborhood. No new multi- family has been constructed in years. 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 Comnrehensive Plan: The proposed HDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offering a range of housing types. 2) Consistency with Zone: Similar types of development are permitted under both the current Medium Density Residential (MDR) and the requested High Density Residential (HDR) zoning. Both zones are found in the immediate vicinity. W: \Word Processing \Ordinances \Zoning Code Amend Overbeck.doc RF /ksn 10/13/2009 Page 4 of 6 The requested High Density Residential (HDR) allows denser development with smaller lots and taller building heights. Two additional units could be built on the site under the requested High Density Residential (HDR) zone, than with the current Medium Density Residential (MDR). The proposed High Density Residential (HDR) zoning would allow the property to be included in a proposed townhouse project that includes shared recreational space and a central access. 3) Chanced conditions: Changed conditions include increased focus on revitalization along Tukwila International Boulevard, the adoption of development standards for townhouse development in 2008, as well as the demolition of single family structures on the subject property, and on the adjacent parcel to the east zoned HDR. 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. W. \Word Processing\ Ordinances\ Zoning Code Amend Overbeck.doc RF /ksn 10/13/2009 Page 5 of 6 EXHIBIT 2 THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON. EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. W:\ Word Processing\ Ordinances\ Zoning Code Amend Overbeck.doc RF /ksn 10/13/2009 Page 6 of 6 HDR cn In M RC H Proposed Medium Density Residential (MDR) to High Density Residential (HDR) Zoning Lines i s44st I MDR 1 s Proposed Medium Density Residential (MDR) to High Density Residential (HDR) 1 I i 1 HDR NCC II L08-077 Comprehensive Plan Amendment Medium Density Residential (MDR) to High Density Residential (HDR) L09 -002 Rezone Medium Density Residential (MDR) to High Density Residential (HDR) II k v 1"=200' Exhibit 3 SUMMARY OF Ordinance No. 2255 City of Tukwila, Washington On October 19, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2255, 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 3421 SOUTH 144TH STREET, TUKWILA, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO HIGH DENSITY RESIDENTIAL (HDR); 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 October 19, 2009. Published Seattle Times: October,22", 2009. i) Christy O'TIaherty, City Clerk