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Home My WebLink AboutReg 2007-12-03 Item 6B - Ordinance - Comprehensive Plan Amendment COUNCIL AGENDA SYNOPSIS sy rniiialr Ii'EM No. c) II; i I 1 i,41% i Meeting Date 1 Prepa (b) 1 Ma pr'r review Council review t '0 11/26/07 1 R I f� 1 „-6(.61,- II-- 5 w� 12/03/07 1 RF( 1}� J 1(40 d 1 J 1 I 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 C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Transit Center.doc GL:ksn 11/29/2007 Page 1 of 2 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 C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Transit Center.doc GLksn 11/29/2007 Page 2 of 2 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. xf 1 11/28/2007 C:\Documents and Settings\All Users\Desktop\Kelly\MSDATA \Ordinances \Transit Center Exhibit 1.doc 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, Rf 2 11/28/2007 C:\Documents and Settings\All Users\Desktop \KellyWISDATA \Ordinances \Transit Center Exhibit 1 .doc 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. p 3 11/28/2007 C:\Documents and Settings\All Users\Desktop\Ke1Iy\VLSDATA \Ordinances \Transit Center Exhibit 1.doc 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. Rf 4 11/28/2007 C:\Documents and Settings\A1l Users\Desktop \Kelly\MSDATA \Ordinances \Transit Center Exhibit 1.doc 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; C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances RCC to LDR Muth.doc GL:ksn 11/29/2007 Page 1 of 2 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 C \Documents and Settings \AIR Users Desktop Kelly MSDATA Ordinances RCC to LDR Muth.doc GL:ksn 11/28/2007 Page 2 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 C:\Documents and Settings\All Users Desktop `Ke11y\MSDATAIOrdinances\RCC to LDR Muth Exhibit l.doc RF 11!282007 Page 1 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. C:1Documents and Settings\A l U sets\ Desktop \Kelly\MSDATA1Ordinances\RCC to LDR Muth Exhibit 1.doc RF 11/28/2007 Page 2 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. C:\Documents and Settings \All Users DesktopkKelly \MSDATA?Ordinances\RCC to LDR Muth Exhibit 1.doc RF 11/28/2007 Page 3 EXHIBIT 2 1 0 O- i k\ r I I 'i n o ns, LJ cn j 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; C: \Documents and Setting \All Users Desktop \Kelly \MSDATA Ordinances \L07-065 and L07-066 Sabey, i\tor(otk.doc GLksn 11/29/2007 Page 1 of 2 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 C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances L07-065 and L07 -066 Sabey, Norfolk.doc GL:ksn 11/27/2007 Page 2 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 Ilillll II I 1 (II f Il- MIC /H r City of Tukwila I Comp Plan Amendment TUK ILA SEATTLi� o 3 L07 -066 Rezone L07 -067 ei 5 Proposed Rezone NT Comp Plan Amendment Y f r omMIC /H to1.1- o Vial MIC /H to LI N J Project Area Ef) 4 1. r: GIS Tut- wIla dam, sr e. M I C /H- w TIT 5 I At 1 s /fir .ftr,- s'IS:. ',I'�"._f�.1: 3a 3_. 1 �'�•�f �7!�c1e -3i a 7' 1 1 /ilk; I( At., :54 '33 -Irs ATIra 14, 41 hi H 1 1 i MIC/ 1VI /H B oeing Access Rd f 0 u z o ca 0 elf ?I:7 0 o, 'tee" a 3 v I MIC MIC/H a jir ;oh 11, 0 1 1111 I \-3 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 C:\Documents and Settings\All Users\ Desk top \Kelly\MSDATA \Ordinances\Exhibit 3 to L07 -065 and L07 -066 Sabey.doc RF:ksn 11/28/2007 Page 1 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. C:\Documents and Settings\All Users\ Desktop\ Kelly \MSDATA \Ordinances\Exhibit 3 to L07 -065 and L07 -066 Sabey.doc RF:ksn 11/28/2007 Page 2 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, C:\Documents and Settings\A11 Users\ Desktop\ Kelly1MSDATA \Ordinances\Exhibit 3 to L07-065 and L07 -066 Sabey.doc RF:ksn 11/28/2007 Page 3 t 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. C_\Documents and Settings\A11 Users\ Desktop \Kelly\MSDATA \Ordinances\Exhibit 3 to L07 -065 and L07 -066 Sabey.doc RF:ksn 11!28/2007 Page 4 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. C:1Documents and Settings\A11 Users\ Desktop \Kelly \MSDATAOrdinances\Exhibit 3 to L07 -065 and L07 -066 Sabey.doc RF:ksn 11/28/2007 Page 5 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; C \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinances \MIIC -H to LI #L07-067 Sabey.doc GL:ksn 11/28/2007 Page 1 of 1 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" C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances MIC-H to LI L07 -067 Sabey.doc GL:ksn 11/28/2007 Page 2 r S Exhibit 1 N 1 d •i d F 8 1 5 s Special Height Exception Area Up to ten (10) stories allowed R i t 44 kg toeing Access Rd 11111111V i� v /v 111111111k 15\14. r,. a is 5 r e In S 144th St 1 \___,0 A s4 6 ms's, 5 7 S c c 9 I n s 24 CI N r J i ii of y/, S 160th St I I I `SUander8 s j Special E 3 Up to ten (10) Height stories xception allowed Area: s Special Height Exception Area .t I Up to six (6) stories allowed s s Special Height Exception Area: j i I Up to four (4) stories allowed s moth st Special Height Limition Area: J Limited to no more than six (6) stories At i FIGURE 18 -3 0 u Bu Height Exce ilding p Areas