HomeMy WebLinkAboutReg 2007-12-03 Item 5B - Public Hearing - Comprehensive Plan and Zoning Map Amendments COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 0 f i- f I ORIGINAL AGENDA DATE: 11 /26/07
AGENDA ITEM TITLE Comprehensive Plan and Zoning Map Amendments
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 11/26/07 Mtg Date Mtg Date Mtg Date 12 /03/07 Mtg Date Mtg Date 12 /03/07 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIF
SPONSOR'S Briefing on Comprehensive Plan and zoning map amendments for 2006 -2007. Item is
SUMMARY scheduled for public hearing on 12/3/07 and decision afterwards.
REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: Information presented to Committee members 11/07
RECOMMENDATIONS:
SPONSOR /ADMIN.
Coy fft it.E Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
11/26/07 Forward to next Regular Meeting
MTG. DATE ATTACHMENTS
11/26/07 Note book with Staff Reports which include the attached memo and ordinances
(CAP meeting was canceled on 11/14/07 due to lack of a quorum and informational
memos were provided to Committee members with approval of Committee Chair)
1 12/03/07 4 Ordinances in Final Form
1
1
1908
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING THE CITY OF
TUKWILA'S COMPREHENSIVE LAND USE PLAN
TRANSPORTATION ELEMENT; PROVIDING FOR
SEVERABILTTY; 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,
which may be reviewed and updated as appropriate, pursuant to RCW 36.70; and
WHEREAS, the City Council held public meetings on March 5, 2007, and
September 17, 2007 regarding proposed changes to the Transportation Element of
Tukwila's Comprehensive Land Use Plan; and
WHEREAS, on March 15, 2007, and October 17, 2007 amendments to the
Comprehensive Land Use Plan were determined to have no significant environmental
effects; and
WHEREAS, the City of Tukwila Planning Commission held a Public Hearing on
March 22, 2007, and October 25, 2007 and, after having received and studied staff analysis
and comments from the public, recommended the adoption of an amendment to the
Transportation Element, and made and entered Findings and Conclusions thereon in
support of that recommendation; and
WHEREAS, notices of Public Hearings for October 25, 2007, and December 3, 2007
were published in The Seattle Times and mailed to surrounding properties; and
WHEREAS, Tukwila City staff held a supplemental informational meeting on
November 29, 2007; and
WHEREAS, the vision for the Tukwila Urban Center encompasses a vibrant, high
density area with regional employment, high quality housing, and excellent retail and
recreational opportunities; and
WHEREAS, high -quality transit and pedestrian facilities are parts of this vision; and
WHEREAS, a future Tukwila Transit Center would be a facility that could
accommodate current and future passenger demands, promote transit ridership, and
improve passenger and business safety and security; and
WHEREAS, expanding the area that can be considered for the future Transit Center
will provide greater flexibility in selecting a location that will meet the needs of the
community and implement the future that is envisioned for the Tukwila Urban Center;
and
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WHEREAS, the City Council, after due consideration and after taking testimony at a
Public Hearing held on December 3, 2007, believes that certain amendments to the City's
Comprehensive Land Use Plan are necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHLNGTON, DO ORDAIN AS FOLLOWS:
Section 1. 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. Policy 13.4.8 of the Transportation Element of the Tukwila Comprehensive
Plan is hereby amended to read as follows:
"Support forming a partnership with Metropolitan King County, in the area north of
Minkler Boulevard in the Tukwila Urban Center, in order to locate a pedestrian- friendly
Transit Center and related amenities."
Section 3. 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 4. 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 bylaw.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attomey Ordinance Number:
Attachment: Exhibit 1— Planning Commission Staff Report, March 16, 2007
Findings and Conclusions
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Exhibit 1
Planning Commission Staff Report
March 15, 2007
FINDINGS AND CONCLUSIONS
PROTECT DESCRIPTION: The City of Tukwila proposes to update the wording of
existing Transportation Element Policy 13.4.8 in order to better reflect transit system
and Transit Center analysis, and to expand options for siting a Transit Center
(Attachment A).
The existing policy wording is as follows:
13.4.8. "Support forming a partnership with Metropolitan King County, Westfield Mall at
Southcenter, and surrounding businesses to locate a pedestrian friendly transit center on
Andover Park West, between Baker Boulevard and Strander Boulevard."
The proposed wording is as follows:
13.4.8. Support forming a partnership with Metropolitan King County, Westfield Mall at
Southcenter, and surrounding businesses to locate a pedestrian friendly transit center and related
amenities on or near Andover Park West.
This policy change is proposed in order to provide greater flexibility in selecting a
location for the Transit Center. This change will enable the analysis contained in the
Tukwila Transit Plan (4/05), and issues raised by property owners, Metro Transit and
the City of Tukwila to be more fully addressed in a siting decision.
BACKGROUND:
Project History
The vision for the Tukwila Urban Center foresees a vibrant high density area with
regional employment, areas of high quality housing, excellent retail and recreational
opportunities for business people, residents and shoppers. High quality transit and
pedestrian facilities are a vital part of this vision.
The Tukwila Transit Center would replace existing, inadequate bus stops that serve the
area in the general vicinity of the Westfield Southcenter Mall along Andover Park West.
(Attachment B) The Tukwila Transit Center will be a facility that can accommodate
current and future passenger demands, promote transit ridership, provide expanded
capacity for transit service (King County Metro and future Sound Transit Express or Bus
Rapid Transit) and improve passenger and business safety and security.
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It will be a first step towards implementing the future that is envisioned for the Tukwila
Urban Center. It is intended to set the standard for quality redevelopment and serve as
a catalyst for the implementation of the larger vision. The Tukwila Transit Plan (4/05)
analyzes the future Transit Center and possible locations.
The Tukwila City Council was briefed on this proposal on February 12, 2007, and held a
public meeting on March 5, 2007. At that meeting, the proposal was forwarded to the
Planning Commission for a hearing and recommendation.
Vicinity /Site Information: Land uses immediately adjacent to possible Transit Center
locations in the vicinity of Andover Park West are:
North Commercial/ Retail
South— Commercial/ Retail/ Warehouse
East Westfield Southcenter Mall
West Commercial/ Retail/ Office/ Warehouse
1) REVIEW CRITERIA Describe how the issue is addressed in the Comprehensive
Plan. If the issue is not adequately addressed, is there a need for it?
Through several policies and their implementation strategies, Tukwila's Comprehensive
Plan addresses the need for good transit service and, by extension, the Transit Center in
the Tukwila Urban Center Element. These include:
Tukwila Urban Center Policv 10.1.1: Recognize the Tukwila Urban Center as a regional
commercial /industrial area, with opportunities for residential development served by a
balance of auto, pedestrian and transit facilities.
Implementation Strategy: Coordinate land use with City facility improvements, for
transportation facilities such as transit facilities and structured parking easily accessed
by service streets and from freeways.
Tukwila Urban Center Goal 10.3 Transportation and Circulation: A balanced
transportation network that complements the Tukwila Urban Center land use and
design policies and provides access for all transportation modes, to, from, and within the
center.
Tukwila Urban Center Policy 10.3.1. Regional Access: Promote transportation and
transit services and facilities, as well as traffic management systems that increase and
improve access to and from the Tukwila Urban Center for all transportation modes;
encourage a range of solutions, including but not limited to local circulator systems,
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regional serving park -n -ride sites, connections to regional rail alignments, and regional
and local high-occupancy vehicle systems.
Implementation Strategy: Develop transit facilities and routes in the Tukwila Urban
Center, in conjunction with appropriate transit providers.
Transportation Policy 13.4.8 addresses developing and locating a transit center as
follows:
"Support forming a partnership with Metropolitan King County, Westfield Mall at
Southcenter, and surrounding businesses to locate a pedestrian- friendly transit center
on Andover Park West, between Baker Boulevard and Strander Boulevard."
The Tukwila Transit Center will be integrated with the future redevelopment of the
Tukwila Urban Center Core, to the east, and is a necessary component of meeting travel
demand management requirements for the Tukwila Urban Center as a whole. The
proposed change is needed since the current wording is unnecessarily restricts the
location and choice of potential sites for the future Transit Center.
The Tukwila Transit Plan (4/05) was adopted as part of the update to the
Comprehensive Plan Transportation Element in 2005. It analyzes Tukwila's transit
system's existing conditions and future needs. It recognizes that development of a
Transit Center is is central to the transit system, and evaluates several possible sites
within the Tukwila Urban Center core.
2) IMPACTS The proposed amendment expands the geographic range of possible
locations for the future Transit Center. Per the proposed amendment, the future
Transit Center could be located in the Tukwila Urban Center in the general vicinity
of Westfield Southcenter Mall, rather than being specifically limited to the area
between Baker Boulevard and Strander Boulevard on Andover Park East. This
means that any impacts associated with constructing the Transit Center, and the
resulting bus and pedestrian travel and traffic might be felt in a slightly different
location in the TUC. Building an improved Transit Center would address the
deficiencies of the existing transit stops and provide improved service to the
Tukwila Urban Center, including the Westfield Southcenter Mall.
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 proposed change broadens the geographic range of locations for consideration as
sites for the future Transit Center, and clarifies the intent of the Tukwila Transit Plan
(4/05). It would also allow a fuller discussion of issues that are being raised by the City
of Tukwila, property owners and Metro Transit.
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Other possible options would be to:
extend the siting options to include an even broader geographic range, such as the
northern portion of the Tukwila Urban Center
broaden the discussion to refer to all pedestrian- friendly transit facilities, rather than
exclusively the Transit Center leave the wording unchanged.
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 a fuller discussion of
potential sites, with the likely result that a better site will be chosen. The Tukwila
Transit Center is critical to the future growth and urban development in the Tukwila
Urban Center, and offers the community significant benefits. Replacing the existing,
inadequate transit stops by siting an expanded, high quality Transit Center will:
1. help create a long -term solution to the need for high quality, high capacity transit
facilities as a part of a more balanced multimodal transportation system;
2. offer access to jobs and increased mobility for all transit patrons, including
minority, low income, transit dependent and "choice" riders;
3. substantially improve pedestrian safety by providing crossing improvements and
reconfiguring the stop locations to reduce the incentives to jaywalk;
4. reduce crime and fear of crime through improved lighting and other measures;
5. encourage transit riders and others to make trips by foot and by bicycle;
6. protect and enhance property by providing an attractive community amenity.
CONCLUSIONS:
1. By allowing greater flexibility in locating the future Tukwila Transit Center, the
proposal supports improved transit service and acknowledges the importance of the
Transit Center in redeveloping the Tukwila Urban Center;
2. The proposal expands the geographic range of possible locations for the future
Transit Center in the general vicinity of Westfield Southcenter Mall and Andover
Park West;
3. The current policy overly limits the geographic area that can be considered as a site
for the future Transit Center.
4. The proposed change benefits the community by allowing fuller discussion of
potential sites for the Transit Center, with the likely result that a better site will be
chosen.
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o; r
'og
19(2
City of 'Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY
LOCATED AT 14427 51ST AVENUE SOUTH IN TUKWILA, FROM
REGIONAL COMMERCIAL CENTER (RCC) TO LOW DENSITY
RESIDENTIAL (LDR); Shia LNG CONDITIONS FOR THE PROPERTY
OWNER REGARDING THE REZONE; AMENDING THE CITY'S
OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFbCTTVE DATE.
WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based
on consideration of existing conditions and Long -term community goals, which may be
reviewed and updated as appropriate; and
WHEREAS, property owner John Muth has applied for a rezone of certain real
property located at 14427 515 Avenue South in Tukwila; and
WHEREAS, the City of Tukwila Planning Commission held a Public Hearing on
March 22, 2007 and, after having received and studied staff analysis and comments
from the public, recommended approval of the rezone application with conditions, and
made and entered Findings and Conclusions thereon in support of that
recommendation; and
WHEREAS, notices of Public Hearings were published in The Seattle Times, posted
on site, and mailed to surrounding properties; and
WHEREAS, Tukwila City staff held an informational meeting on November 29,
2007; and
WHEREAS, the Tukwila City Council held a Public Hearing on December 3, 2007;
and
WHEREAS, the City Council concurs with the Findings and Conclusions of the
Planning Commission, and has determined that the public interest will be served by
approving the rezone application with conditions; and
WHEREAS, the ability to construct additional housing will provide more
residential opportunities in Tukwila, and will help to strengthen its neighborhoods; and
WHEREAS, this rezone request meets the criteria for granting zoning map
reclassifications set forth in Tukwila Municipal Code 18.84.020 and 18.84.030; and
WHEREAS, the City has complied with the requirements of the State
Environmental Policy Act;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWII.A,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. 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. The property located at 14427 51St Avenue South in Tukwila, including
a portion of Tax Parcel 0040000520 as shown on the map attached hereto as Exhibit 2,
is hereby approved to be rezoned from "Regional Commercial Center" (RCC) to "Low
Density Residential" (LDR).
Section 3. The rezone approved in Section 2 above is conditioned upon the
property owner submitting an application for a Boundary Line Adjustment to the City
of Tukwila within 90 days of the effective date of this ordinance.
Section 4. In the event the property owner fails to submit an application for a
Boundary Line Adjustment within 90 days of the effective date of this ordinance, this
rezone ordinance shall be subject to repeal.
Section 5. The Department of Community Development Director or his designee is
hereby directed to amend the City's official zoning map to show this change in zoning.
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 arty 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 2007.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachment: Exhibit 1- Planning Commission Staff Report, March 15, 2007,
Findings and Conclusions
Exhibit 2- Map: Bonsai NW RCC to LDR
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Exhibit 1
Planning Commission Staff Report
March 15, 2007
FINDINGS AND CONCLUSIONS
BACKGROUND:
Proi ect History
The applicant John Muth proposes to amend the Comprehensive Plan (Attachment A) and Zoning
map (Attachment B) to redesignate a part of his property at 14427 51 Avenue South, Tukwila from
Regional Commercial Center (RCC) to Low Density Residential (LDR) (Attachment C).
On March 5, 2007, the City Council held a public meeting on this proposal and referred it to the
Planning Commission for a hearing and recommendation.
Vicinity /Site Information
The applicant proposes to redesignate approximately .63 acres of a 1.35 acre property from
Residential Commercial Center (RCC) to Low Density Residential (LDR) at 14427 51 Avenue
South. The site is part of the Bonsai Northwest nursery operation, and is immediately south of
the Bonsai Northwest retail store. It contains a large plastic greenhouse in the northeast portion
of the property closest to the Bonsai Northwest business. The rest of the property is vacant.
The Citrus Longhorned Beetle quarantine was recently lifted in the area.
The Sensitive Areas Overlay shows that approximately 40% of the entire site is located within a
Class 2 area of potential geologic instability. (Attachment D— Sensitive Areas Map) Class 2
areas are those where "landslide potential is moderate, which include areas sloping between 15
and 40 percent and which are underlain by relatively permeable soils." Geotechnical review was
not prepared for this application since the requested designation is less intensive than the current
designation (i.e. downzone). A geotechnical study will show what portion of the area proposed
for Comprehensive Plan/Zoning Map change includes environmentally sensitive steep slopes.
(Attachment E) Geotechnical studies will be required for any future development, including a
short plat.
The applicant proposes to connect future residential development directly to 51 Avenue South and
to the adjacent South 146 Street cul -de -sac via an existing easement with adjacent property
owners.
Surrounding Uses
Land uses immediately adjacent to the portion of the site are:
North Bonsai Northwest retail nursery
South Single family homes
East— Office /commercial, roadway,
West— Single family homes
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Land uses between 500 and 1,000 feet from the site include the following:
North —S. 144
South Single- family residential
East—I-5 freeway, Sound Transit light rail
West Single- family residential
File L06 -096 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), providing housing and strengthening
neighborhoods is an important goal of the Comprehensive Plan. The proposed rezone /Zoning
Map change from Residential Commercial Center (RCC) to Low Density Residential (LDR) is
consistent with this goal and accompanying policies.
2. The proposed amendment to the Zoning Map is consistent with the scope and
purpose of this title and the description and purpose of the zone classification
applied for.
Per TMC 18.10.010 Purpose, the Low Density Residential (LDR) district is "...intended to
provide low- density family residential areas together with a full range or urban infrastructure
services in order to maintain stable residential neighborhoods, and to prevent intrusions by
incompatible land uses."
The proposed rezone from Residential Commercial Center (RCC) to Low Density Residential
(LDR) would fulfill this purpose by allowing single family, detached housing to be built.
3. There are changed conditions since the previous zoning became effective to warrant
the proposed amendment to the Zoning Map
Since the site was zoned RCC in 1995, the neighborhood near the property has become more
residential in nature. A cul -de -sac allowing residential access has been constructed on S. 146
Utilities are now also available, and residences have been built adjacent to the site.
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
Downzoning from a more intensive, commercial zone (Residential Commercial Center —RCC)
to a less intensive residential zone (Low Density Residential —LDR), would benefit the
surrounding neighborhood. Removing vacant commercial property from a residential
neighborhood reduces potentially adverse impacts on the adjacent properties, and constructing
housing would enhance the overall residential feel of the area.
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CONCLUSIONS
1) The proposed change is consistent with the Comprehensive Plan goal of providing housing
and improving neighborhoods;
2) The rezone is consistent with the purpose of the Low Density Residential (LDR) district.
3) Changed conditions, including recently constructed residences and available access and
utilities, warrant the change.
4) Impacts of future housing development are potentially less than the impacts of future
commercial development that is presently allowed on the site, and would be beneficial to the
area.
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EXHIBIT 2
1 0
O- i k\ r I I 'i
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LDR
1 1
co
I 11 1
E k i Bonsai NW
S 144 St
Nk
Prapse ro s
a d o i
f
0 1 L ®R
L Ili 1 Q
LDR Li I \Y 1 -1
S 145 St
G®
V n cn z
C3 0
N. s L 4,191,,..4
LDR
jy
1906
S 146 St
City of Tukwila
Bonsai N.W.
1{9 rJ p 0 RCC to LDR
LO6 -095
1 0 LO6 -094
1I L f R GIS
r 1 Tukwila
i =i00'
1908
C ity of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REZONING CERTAIN REAL PROPERTY GENERALLY
BOUNDED BY EAST MARGINAL WAY SOUTH, SOUTH NORFOLK
STREET, AIRPORT WAY SOUTH AND BOEING ACCESS ROAD, FROM
MANUFACTURING INDUSTRIAL CENTER -HEAVY (MIC -H) TO LIGHT
INDUSTRIAL (LI); SETTING CONDITIONS FOR THE PROPERTY
OWNER REGARDING THE REZONE; AMENDING THE CITY'S OFFICIAL
ZONING MAP; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on
consideration of existing conditions and long -term community goals, which may be
reviewed and updated as appropriate; and
WHEREAS, the property owner, Sabey Corporation, has applied to rezone certain
real property generally bounded by Fast Marginal Way South, South Norfolk Street,
Airport Way South and Boeing Access Road, more specifically described in Exhibit 1 and
shown in the map on Exhibit 2; and
WHEREAS, notices of Public Hearings were published in The Seattle Times, posted on
site, and mailed to surrounding properties; and
WHEREAS, the City of Tukwila Planning Commission held a Public Hearing on
October 25, 2007 and, after having received and studied staff analysis and comments from
the public, recommended approval of the rezone application with conditions, and made
and entered Findings and Conclusions thereon in support of that recommendation; and
WHEREAS, Tukwila City staff held a supplemental informational meeting on
November 29, 2007; and
WHEREAS, the City Council held a Public Hearing on December 3, 2007; and
WHEREAS, the City Council concurs with the decision of the Planning Commission
and has determined that the public interest will be served by approving the rezone
application with conditions; and
WHEREAS, light industrial and commercial land uses provide benefits to the City of
Tukwila, and are considered appropriate activities in lieu of warehousing and
distribution uses immediately adjacent to King County International Airport; and
WHEREAS, this rezone request meets the criteria for granting zoning map
reclassifications set forth in Tukwila Municipal Code 18.84.020 and 18.84.030; and
WHEREAS, the City has complied with the requirements of the State Environmental
Policy Act;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council hereby adopts the Findings and Conclusions of the
Tukwila Planning Commission regarding this rezone, attached hereto as Exhibit 3, and
incorporated by this reference as if fully set forth herein.
Section 2 The property generally bounded by Fast Marginal Way South, South
Norfolk Street, Airport Way South and Boeing Access Road, more specifically described
in Exhibit 1 and shown in the map on Exhibit 2, both attached hereto, is hereby approved
to be rezoned from "Manufacturing Industrial Center Heavy" (MIC -H) to "Light
Industrial" (II).
Section 3. This rezone is conditioned upon
A. Development exceeding 640,000 square feet for retail /restaurant/
entertainment uses and 700,000 square feet for office uses shall be reviewed
administratively by the Community Development Director, according to the procedure
established for a Type 2 decision under TMC 18.100.010, to determine whether
additional conditions may be necessary to mitigate new significant impacts of the
increased square footage.
B. Design review shall apply according to the standards for the
Commercial /Light Industrial zone (TMC 18.30.070). Design review procedure shall be
followed according to the requirements of the Board of Architectural Review as
described in TMC Chapter 18.60.
Section 4. The Department of Community Development Director or his designee is
hereby directed to amend the City's Official Comprehensive Plan zoning map to show
this change in zoning.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for arty reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachment Exhibit 1- Description of Property
Exhibit 2- Map: Comp Plan Amendment L07 -066, Rezone L07 -067
Exhibit 3- Planning Commission Staff Report, October 27, 2007,
Findings and Conclusions
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EXHIBIT 1
File No.: 10948399
THAT PORTION OF TIMOTHY GROW'S DONATION LAND CLAIM IN SECTIONS 3 AND 4,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND OF GOVERNMENT LOT 1 IN SAID
SECTION 3, AND OF THE ABANDONED SEATTLE- TACOMA INTERURBAN AND PUGET
ELECTRIC COMPANY RIGHT -OF -WAY, AND OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 3, AND OF GOVERNMENT LOTS 8 AND 9 IN SAID
SECTION 4, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CONCRETE MONUMENT MARKING THE INTERSECTION OF THE
CENTERLINES OF SOUTH NORFOLK STREET AND AIRPORT WAY SOUTH, WHICH POINT
BEARS NORTH 88 1,1'57" EAST 521.23 FEET FROM THE CONCRETE MONUMENT MARKING
THE ANGLE POINT IN THE CENTERLINE OF SAID SOUTH NORFOLK STREET;
THENCE SOUTH 88 °11'57" WEST, ALONG THE CENTERLINE OF SAID SOUTH NORFOLK
STREET, 37.33 FEET;
THENCE SOUTH 01 °48'03" EAST 40.00 E-ttl TO THE INTERSECTION OF THE SOUTHERLY
MARGIN OF SAID SOUTH NORFOLK STREET WITH AN ARC OF A CURVE CONNECTING SAID
SOUTHERLY MARGIN WITH THE WESTERLY MARGIN OF AIRPORT WAY SOUTH, THE CENTER
OF WHICH CURVE BEARS SOUTH 33 °51'08" WEST, 48.00 FEET, AND THE TRUE POINT OF
BEGINNING;
THENCE SOUTHERLY, ALONG SAID WESTERLY MARGIN OF AIRPORT WAY SOUTH,
FOLLOWING SAID ARC OF A CURVE HAVING A RADIUS OF 48.00 FEET, AN ARC DISTANCE
OF 29.1 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 21 °22'39" EAST, ALONG SAID WESTERLY MARGIN, 1,128.01 FEET TO A
POINT OF WIDENING IN SAID AIRPORT WAY SOUTH;
THENCE SOUTH 68 °37'21" WEST, ALONG SAID MARGIN, 35.00 FEET TO A POINT OF CURVE
IN SAID MARGIN THE CENTER OF WHICH BEARS SOUTH 68 °37'21° WEST 880.00 FEET;
THENCE SOUTHERLY, ALONG SAID MARGIN, FOLLOWING AN ARC OF A CURVE HAVING
SAID RADIUS OF 880.00 FEET, AN ARC DISTANCE OF 509.06 FEET TO A POINT OF
WIDENING IN SAID AIRPORT WAY SOUTH;
THENCE NORTH 78 °13'59" WEST, ALONG SAID MARGIN, 5.00 FEET;
THENCE SOUTH 11 °46'01 WEST, ALONG SAID MARGIN, 221.60 FEET TO A POINT OF
WIDENING IN SAID AIRPORT WAY SOUTH;
THENCE NORTH 78 °13'59° WEST 3.00 FEET TO A POINT OF CURVE IN SAID MARGIN, THE
CENTERLINE OF WHICH BEARS NORTH 78 °13'59" WEST 522.96 FEET;
THENCE SOUTHERLY AND WESTERLY, ALONG SAID CURVE AND MARGIN, AN ARC
DISTANCE OF- 666.38 FEET TO A POINT ON THE NORTH MARGIN OF THE BOEING ACCESS
ROAD;
THENCE SOUTH 05 °13'28" EAST, ALONG SAID MARGIN, 7.00 FEET;
THENCE SOUTH 84 °46'32" WEST, ALONG SAID MARGIN, 447.92 FEET TO A POINT OF
CURVATURE OF A 102.80 FOOT RADIUS CURVE TO THE RIGHT IN SAID MARGIN;
THENCE WESTERLY AND NORTHERLY, ALONG SAID CURVE AND MARGIN, 150.50 FEET TO A
POINT OF TANGENCY ON THE NORTHEASTERLY MARGIN OF EAST MARGINAL WAY;
THENCE NORTH 11 °20'42" WEST, ALONG SAID NORTHEASTERLY MARGIN, 272.50 FEET TO
A POINT OF CURVATURE OF A 1,18434 FOOT RADIUS CURVE TO THE LEFT;
THENCE NORTHERLY, ALONG SAID CURVE AND MARGIN, AN ARC DISTANCE OF 254.44
FEET;
THENCE CONTINUING ALONG THE NORTHEASTERLY MARGIN OF EAST MARGINAL WAY,
NORTH 23 °39'16" WEST 429.64 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID
GOVERNMENT LOT 8;
Page 1 of 6
EXHIBIT 1
File No.: 10948399
THENCE CONTINUING ALONG THE NORTHEASTERLY MARGIN OF EAST MARGINAL WAY TO
AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH 200 FEET OF SAID
GOVERNMENT LOT 8, AS MEASURED ALONG THE EAST LINE OF SAID GOVERNMENT LOT 8;
THENCE EAST, PARALLEL TO THE SOUTH LINE OF SAID GOVERNMENT LOT 8, TO THE EAST
LINE OF SAID GOVERNMENT LOT 8;
THENCE SOUTH, ALONG THE EAST LINE OF SAID GOVERNMENT LOT 8, TO THE SOUTHEAST
CORNER OF SAID GOVERNMENT LOT 8;
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3,
SOUTH 88 °07'58" EAST 267.86 FEET TO THE WESTERLY BOUNDARY LINE OF THE SEATTLE
TACOMA INTERURBAN RAILWAY RIGHT -OF -WAY;
THENCE ALONG SAID WESTERLY BOUNDARY LINE, NORTH 08 °11'15" WEST 738.75 FEET TO
THE SOUTH LINE OF SAID TIMOTHY GROWS DONATION LAND CLAIM;
THENCE SOUTH 8959 WEST, ALONG SAID SOUTH LINE, 157.64 FEET TO THE WEST
LINE OF SAID SECTION 3;
THENCE SOUTH 00 °23'12" WEST, ALONG SAID WEST LINE, 137.23 FEET;
THENCE NORTH 89 °58'12" WEST TO A POINT WHICH BEARS SOUTH 89 °58'12" EAST 168.00
FEET FROM THE EASTERLY MARGIN OF EAST MARGINAL WAY SOUTH;
THENCE NORTH 23 °39'16" WEST 181.29 FEET;
THENCE NORTH 89 0 50 1 45" WEST 168.16 FEET TO THE EASTERLY MARGIN OF EAST
MARGINAL WAY SOUTH;
THENCE NORTH 23 °39'16" WEST, ALONG SAID MARGIN, 147.95 FEET TO THE
INTERSECTION OF SAID EASTERLY MARGIN WITH THE SOUTHERLY MARGIN OF SOUTH
NORFOLK STREET AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER KING
COUNTY RECORDING NO. 5388220;
THENCE NORTH 66°00'17" EAST, ALONG SAID SOUTHERLY MARGIN, 862.07 FEET TO A
POINT OF CURVE;
THENCE EASTERLY, ALONG SAID MARGIN, FOLLOWING AN ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 340.71 FEET, AN ARC DISTANCE OF 131.98 FEET TO A POINT OF
TANGENCY;
THENCE NORTH 88 °11'57" EAST, ALONG SAID MARGIN, 409.23 FEET TO THE TRUE POINT
OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY STATUTORY
WARRANTY DEED 9703050486;
TOGETHER WITH THAT PORTION LYING NORTH OF SOUTH NORFOLK STREET DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 3;
THENCE SOUTH 00 °23'12" WEST, ALONG THE WEST UNE OF SAID SUBDIVISION, 30.00
FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 30 FEET IN WIDTH OF SAID
SUBDIVISION AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88 °40'52" EAST, ALONG SAID SOUTH LINE, 57.98 FEET TO AN
INTERSECTION WITH THE NORTHERLY MARGIN OF SAID SOUTH NORFOLK STREET;
THENCE SOUTH 66 °00'17" WEST, ALONG SAID NORTHERLY MARGIN, 203,61 FEET TO AN
INTERSECTION WITH A UNE WHICH IS 213 FEET WESTERLY, MEASURED AT RIGHT
ANGLES TO AND PARALLEL WITH THE WESTERLY MARGIN OF SAID PUGET SOUND
ELECTRIC COMPANY RIGHT -OF -WAY;
THENCE NORTH 08 °11'15" WEST, ALONG SAID PARALLEL LINE, 88.01 FEET TO A POINT
WHICH BEARS NORTH 88 °40'52" WEST 140.07 FEET FROM THE TRUE POINT OF
BEGINNING;
Page 2 of 6
EXHIBIT 1
File No.: 10948399
THENCE SOUTH 88 °40'52" EAST 140.07 FEET TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH NON EXCLUSIVE EASEMENTS FOR DRAINAGE RECORDED UNDER
RECORDING NOS. 3885858 AND 3885859.
SITUATE IN THE CITY OF SEATTLE AND TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
Page 3 of 6
EXHIBIT 1
PARCEL 1:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 23
NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, LYING SOUTH OF THE SOUTH LINE OF THE TIMOTHY GROW
DONATION LAND CLAIM AND WEST OF THE RIGHT OF AY OF PUGET SOUND
ELECTRIC RAILWAY.
PARCEL 2
THAT PORTION OF GOVERNMENT LOT 8, SECTION 4, TOWNSHIP 23 NORTH,
RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST LINE OF SAID GOVERNMENT LOT 8 AT A POINT WHICH
IS NORTH 0 °21'24" EAST 200 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE NORTH 0°21'24" EAST 189.77 FEET; THENCE WEST 375 FEET. MORE OR
LESS, TO THE NORTHEASTERLY UNE OF STATE ROAD NO. 1 AS NOW
ESTABLISHED; THENCE SOUTHEASTERLY ALONG SAID ROAD UNE 205 FEET,
MORE OR LESS, TO A POINT WHICH BEARS NORTH 89 WEST FROM THE
POINT OF BEGINNING; THENCE SOUTH 89'20'54" EAST PARALLEL WITH THE
SOUTH UNE OF SAID GOVERNMENT LOT 8, 285 FEET, MORE OR LESS. TO THE
POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF GOVERNMENT LOT 8, SECTION 4, TOWNSHIP 23 NORTH,
RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST LINE OF. SAID GOVERNMENT LOT AT A POINT WHICH
IS NORTH 0'21'24" EAST 389.77 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE NORTH 0 °21'24" EAST ALONG SAID EAST LINE 174.65 FEET; THENCE
DUE WEST TO THE NORTHEASTERLY UNE OF PRIMARY STATE HIGHWAY NO. 1
AS ESTABLISHED BY DEED TO THE STATE OF WASHINGTON, RECORDED UNDER
RECORDING NUMBER. 3440535, IN KING COUNTY, WASHINGTON; THENCE
SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE 195 FEET, MORE OR
LESS, TO A POINT DUE WEST OF THE POINT OF BEGINNING; THENCE EAST 395
FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
Page 4 of 6
EXHIBIT 1
PARCEL 4:
THAT PORTION OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE T. GROWS
DONATION LAND CLAIM WITH THE EAST LINE OF SAID SECTION 4; THENCE
SOUTH 0 °23'12" WEST ALONG SAID EAST UNE 137.23 FEET TO THE TRUE PONT
OF BEGINNING; THENCE SOUTH 0 °23'12" WEST 20.00 FEET; THENCE NORTH
89'58'12" WEST 448.01 FEET TO THE EASTERLY MARGIN OF EAST MARGINAL
WAY SOUTH; THENCE NORTH 23 °3916" WEST ALONG SAID MARGIN TO A POINT
WHICH BEARS NORTH 89 °58'12" WEST FROM THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89 58'12" EAST TO THE TRUE POINT OF BEGINNING.
SUBJECT TO THE PERMITTED EXCEPTIONS CONTAINED ON EXHIBIT B
ATTACHED HERETO.
Page 5 of 6
EXHIBIT 1
Permitted Exceptions
1. Easement and the Terms and Conditions thereof recorded March 21, 1949, under
Recording Number 3885858.
2. Easement and the Terms and Conditions thereof recorded March 21, 1949, under
Recording Number 3885859.
3. Easement and the Terms and Conditions thereof recorded March 19, 1965, under
Recording Number 5856838.
4. Matters disclosed on survey done by the Barghausen Consulting Engineers, Inc.,
dated January 26, 2907, under job no. 12757, as follows:
a) Asphalt and ecology block walls apparently appurtenant to said premises
extend onto the southwesterly adjoining property up to a distance of 2.4
feet across the south and southwesterly property lines.
b) Chain link fences of unknown appurtenance along perimeter boundaries do
not conform to the actual property fines.
Page 6 of 6
EXHIBIT 2
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Exhibit 3
Planning Commission Staff Report L07 -066
October 25, 2007
FINDINGS AND CONCLUSIONS
BACKGROUND:
Project History
The Associated Grocers warehouse and distribution center occupies approximately 62 acres that
lie partly in Tukwila and partly in Seattle. During the Spring of 2007, the Sabey Corporation
contacted the City of Tukwila about the possibility of a Comprehensive Plan amendment and
rezone of the Tukwila portion of the Associated Grocers site, in order to redevelop it for office,
retail, hotel and light industrial.
Subsequently, Tukwila and Seattle staff, and the applicant discussed the possibility of a
boundary adjustment to place the entire property within one jurisdiction. Tukwila and Seattle
decided to retain the existing boundaries, and focused attention on selecting the most similar and
compatible Comprehensive Plan and zoning categories between the two jurisdictions, as well as
coordinating the process. If the Comprehensive Plan amendment and rezone request is
approved, specific development and service responsibilities will be defined and coordinated
through an interlocal agreement that will be negotiated with Tukwila and Seattle staff.
On August 13, 2007, the City of Tukwila received an application from the Sabey Corporation for
a Comprehensive Plan amendment (Attachment A) and Rezone (Attachment B) from
Manufacturing/Industrial Center —Heavy (MIC/H) to Light Industrial (LI), on approximately 33
acres immediately south of Boeing Field at the site currently occupied by Associated Grocers.
The applicant requested that the Comprehensive Plan amendment request be considered as an
"emergency" and reviewed in 2007 with the amendments that are currently under consideration,
rather than waiting until 2008 for a new amendment cycle in order to take advantage of
development opportunities, and to best coordinate with the timing of Tukwila's process with
Seattle's process.
The CAP was briefed on August 28, 2007, and the issue was forwarded to the City Council.
After comments from the public on September 17, 2007, the Council accepted the application as
an "emergency" to "support the social, economic or environmental well -being of the City" and
forwarded it to the Planning Commission. (Attachment C)
The site is located in Tukwila's 998 acre Manufacturing/Industrial Center (NIIC), one of four
such centers confirmed by King County's County Wide Planning Policies. MICs are places
where industrial activities have reasonable access to regional transportation systems for moving
goods, and where large office and retail development is discouraged.
The applicant has recently acquired the property which has been the Associated Grocers
warehouse and distribution center for many years. Associated Grocers is relocating, and the
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applicant wishes to redevelop the property for office, retail, and light industrial. The Light
Industrial Comprehensive Plan and zoning designation would permit a broader range of uses
than is currently permitted in the MIC/H zone. Tukwila's LI designation most closely
coordinates with Seattle zoning, which is important since the site is split between the two
jurisdictions.
SEPA review and a traffic study were prepared based on what the applicant described as a
conceptual development scenario that could include development totaling approximately 1,520,
000 square feet for the entire 62 acre site including both Tukwila and Seattle together. This
proposal includes approximately:
700, 000 square feet of office development;
550, 000 square feet of retail development;
80, 000 square feet of lodging (hotel);
60, 000 square feet of entertainment use (theatre);
30, 000 square feet of restaurant; and,
100, 000 square feet of warehousing and manufacturing.
Future development would occur in both Tukwila and Seattle portions of the site. (Attachment
D) Traffic impacts to Tukwila streets would be mitigated through concurrency and impact fee
payments. Further review will occur at the project level when a specific plan is prepared, and the
applicant applies for permits. Through the interlocal agreement with Seattle, Tukwila anticipates
having responsibility for development permitting for the entire site, including the portion in
Seattle.
Vicinitv /Site Tnformation
The entire property is approximately 62 acres in area, with the majority (approximately 33 acres)
in Tukwila, and the remainder (approximately 29 acres) in Seattle. If the proposal is approved,
the property would remain divided between Tukwila and Seattle.
The property is situated at the eastern edge of Tukwila's Manufacturing/Industrial Center.
(Attachment E) The initial application included a small wedge- shaped lot, just north of Norfolk
Street. This was amended to exclude the parcel, so that the entire project area is south of S.
Norfolk Street. The subject property also excludes property on western border. The parcel's
owner declined to be included in the Comprehensive Plan amendment and rezone. This
omission may be revisited when the City of Tukwila reviews policies for the
Manufacturing/Industrial Center in 2008.
The property is directly south of King County International Airport (KCIA), defined by the
state's Growth Management Act as an "essential public facility." It is in the approach path of the
main runway and is subject to specific requirements of KCIA operations that affect building
height, location, type and location of landscaping. The entire site is impacted by noise from I -5,
the railroad tracks and the airport.
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Surrounding Uses within 1, 000 feet are:
North —King County International Airport "KCIA" aka Boeing Field) and other Boeing
properties, restaurant
South —Light industrial, commercial office uses
East--Railroad tracks, Airport Way S. and I -5
West E. Marginal Way, Duwamish River, restaurant and commercial
REZONE CRITERIA.:
1. The proposed amendment to the zoning map is consistent with the goals, objectives
and policies of the Comprehensive Plan
Per the discussion of Comprehensive Plan Criteria (above), redeveloping and reinvigorating the
industrial uses along E. Marginal Way is one of Tukwila's key priorities, as is the continued
enhancement of the community's economic well- being. The proposed rezone request from MIC-
H to LI allows a broad range of uses, including light industrial and commercial, to support a
varied and healthy economy for Tukwila, and is consistent with this priority and accompanying
goals and policies.
2. The proposed amendment to the Zoning Map is consistent with the scope and
purpose of this title and the description and purpose of the zone classification
applied for.
Per TMC 18.32.010 Purpose, the Light Industrial District is "...intended to provide areas
characterized by distributive and light manufacturing uses, with supportive commercial and
office uses."
The proposed rezone from Manufacturing/Industrial Center -Light (MIC/L) to Light Industrial
(LI) would fulfill this purpose by retaining the potential for distributive and light manufacturing
uses, while allowing a range of commercial and office uses to be built. The LI zone designation
is also most consistent with the light industrial zone that we anticipate that Seattle will use for its
portion of the property. This consistency between Tukwila and Seattle zoning will facilitate
future development.
3. There are changed conditions since the previous zoning became effective to warrant
the proposed amendment to the Zoning Map
Since the site was zoned MIC -H in 1995, Associated Grocers, the site's primary tenant, has been
sold, and will close its large warehouse and distribution facility, and leaving the majority of the
property vacant.
In addition, in July 2007, the state legislature enacted legislation to change sales tax sourcing
rules. Under prior law, the jurisdiction where a product originates received the sales tax, but now
the jurisdiction where the product is delivered receives the tax. Per the Comprehensive Plan,
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Tukwila should consider land use changes for warehouses if a there is a change in sales tax
sourcing rules.
4. The proposed amendment to the Zoning Map will be in the interest of furtherance
of the public health, safety, comfort, convenience and general welfare, and will not
adversely affect the surrounding neighborhoods, nor be injurious to other
properties in the vicinity in which the subject property is located
The rezone should balance between industrial and commercial land use and zoning without
jeopardizing current and future development in the Manufacturing/Industrial Center or the
Tukwila Urban Center. The rezone and resulting development has significant potential to
contribute to the vitality of the community through increased opportunities for employment,
recreation, and shopping, and increased revenue to the City of Tukwila.
Both the existing MIC/H zoning, and the proposed LI zone require administrative design review
only for new developments within 300 feet of residential districts or within 200 feet of the
Green/Duwamish River. Having more complete design review is highly desirable given the
large size of the proposed rezone area, the likelihood of extensive new and varied development,
and the fact that the project area is split between Tukwila and Seattle. Design review with a
Board of Architectural Review hearing and public involvement would provide Tukwila a clear
mechanism to evaluate proposed development, and to mitigate potential negative impacts to the
adjacent properties and the community.
Building height limits need special consideration in future site design to ensure the safety of
aircraft in flight, and development on the ground, as well as for aesthetic considerations.
Attachment G shows allowable building heights at specific points on the property in accordance
with FAA and KCIA requirements for the flight approach. The current MIC/H zoning allows
structures up to 125 feet in height subject to the requirements of KCIA operations and FAA
(TMC 18.50.045). The LI zone allows a maximum height of four stories or 45 feet.
The applicant has requested a building height exception in order to gain additional flexibility in
site design, especially in light of the potential height restrictions in portions of the property
resulting from proximity to KCIA as discussed above. However, allowing taller buildings raises
concern over having excessively large -scale development on the site with impacts over those that
were considered in the economic analysis by ECONorthwest (8/07), and traffic analysis by
Mirai (9/07). Neither design review nor environmental review would address limits to the
intensity or scale of development if it is within the basic development standards of the LI zone.
Existing height exception areas per TMC 18.50.030 are shown in Attachment H.
To give a degree of predictability in development and in assessing how it will impact the
Manufacturing/Industrial Center and the Tukwila Urban Center, staff believes that future
development consideration should be based on a development scenario of approximately 1, 520,
000 s. f. as assessed by ECONorthwest and Mirai,( referenced above.) Subsequent site
development applications for SEPA and Design Review will address specific impacts such as
traffic, airport (KCIA and FAA) requirements, and impacts on abutting property.
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As discussed earlier, the property will remain split between Tukwila and Seattle after the rezone.
Staff of Tukwila and Seattle will prepare an interlocal agreement that enumerates responsibilities
between the jurisdictions parties including, but not limited to, .development review, permitting,
etc, subject to Tukwila City Council review and approval. Through the interlocal agreement,
Tukwila expects to take the lead for permitting development on the entire site, including the
portion located in Seattle. Having permitting responsibility will provide Tukwila a further level
of oversight and control in guiding future development.
CONCLUSIONS:
1) Consistency with Comprehensive Plan:
The rezone is consistent with the Comprehensive Plan policies to support industrial
redevelopment and ensure economic vitality.
2) Consistency with Zone:
The Light Industrial retains potential for light industrial use, allows a range of
commercial and office activity, and is compatible with Seattle zoning.
3) Chaned conditions:
Changed conditions including changes in taxes, and the relocation of the Associated
Grocers warrant a rezone from Manufacturing/Industrial Center -Heavy (MIC -H) to
Light Industrial (LI).
4) Benefit to community:
Additional design review regulations that are stricter than those in effect for the LI
zone will benefit the community.
Retaining maximum building heights similar to those that are allowed in the current
MIC -H zone through building height exceptions could permit greater flexibility and
efficiency in site design, but may result in buildings that are too large scale for the
site, and with greater than anticipated impacts on the MIC and TUC.
Preliminary impacts of development totaling approximately 1, 520, 000 s.£ as
assessed by ECONorthwest and Mirai provide some predictability, and can form the
basis of site development.
The rezone shall take into account the requirements of developing property adjacent
to King County International Airport, including building height, noise impacts and
landscaping.
An interlocal agreement between Tukwila and Seattle shall specify service,
permitting and other responsibilities to ensure comprehensive development on the
site.
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b f 3 I Qa
Isos
City of Tuk
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DESIGNATING CERTAIN PROPERTY AS A SPECIAL
HEIGHT EXCEYIION AREA, AND AMENDING ORDINANCE #1758, AS
CODIFIED AT FIGURE 18 -3 OF TUKWILA'S ZONING CODE, TO
REFLECT THE ADDITION OF THAT PROPERTY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EEt!ECTIVE DATE.
WHEREAS, the City Council has recently acted to approve with certain conditions a
rezone from "Manufacturing Industrial Center- Heavy" to "Light Industrial' for certain
real property generally bounded by East Marginal Way South, South Norfolk Street,
Airport Way _South and Boeing Access Road, hereinafter referred to as the Sabey
Property; and
WHEREAS, the rezone contains certain conditions that limit development over a
certain size without additional review; and
WHEREAS, the maximum height limit in the Light Industrial zone is four stories or
45 feet; and
WHEREAS, extending the City's Special Height Exception Areas, as outlined in TMC
18.50.030, can provide additional flexibility in site design and result in improved quality
of development; and
WHEREAS, high -quality development benefits the entire community; and
WHEREAS, the City of Tukwila Planning Commission held a Public Hearing on
October 25, 2007 and, after having received and studied staff analysis and comments from
the public, recommended approval of the rezone application with conditions, inducting
the designation of this property as a Special Height Exception Area; and
WHEREAS, Tukwila City staff held a supplemental informational meeting on
November 29, 2007; and
WHEREAS, the City Council held a Public Hearing on December 3, 2007; and
WHEREAS, the City Council concurs with the decision of the Planning Commission,
and has determined that the public interest will be served by approving the rezone
application with conditions, including the designation of this property as a Special Height
Exception Area; and
WHEREAS, the City has complied with the requirements of the State Environmental
Policy Act;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above described Sabey Property is hereby designated as a Special
Height Exception Area, and the "Special Height Exception Areas" map shown on the
Tukwila Zoning Code's Figure 18 -3, adopted by Ordinance #1758, is hereby amended to
include the Sabey Property. (Exhibit 1)
Section 2. 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 3. 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 2007.
ATTEST/ AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachment Exhibit 1 TMC Figure 18.3, "Special Height Exception Areas"
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