HomeMy WebLinkAboutOrd 1385 - McLees Annexation - Zoning Regulations r
CITY OF TUKWILA
WASHINGTON
0042.010.010
JEH /ko ORDINANCE NO. I
04/02/86
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING PROPOSED ZONING REGULATIONS TO BECOME EFFECTIVE
UPON THE ANNEXATION TO THE CITY OF CERTAIN REAL PROPERTY
COMMONLY KNOWN AS THE MCLEES ANNEXATION, PURSUANT TO RCW
35A.14.330 AND 35A.14.340, CONDITIONING SAID ZONING
ACTION UPON THE TERMS OF A CONCOMITANT ZONING AGREEMENT,
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila is authorized, pursuant to RCW
35A.14.330 and 35A.14.340 to establish proposed zoning regulations
to become effective upon the annexation of any area which might
reasonably be expected to be annexed by the City at any future
time, and
WHEREAS, a Notice of Intent to Annex, signed by the owners of
10% in value, according to assessed valuation for general taxation
of the property described on Exhibit A attached hereto and
incorporated herein by this reference as if set forth in full,
which property is more commonly known as the McLees Annexation,
has been received by the City, and
WHEREAS, the City Council met with the said owners and
determined that the City would consider pre- annexation zoning for
the property prior to determining whether or not to accept the
annexation and authorize circulation of a 75% petition, and
WHEREAS, the City's SEPA Responsible Official issued a
mitigated Determination of Nonsignificance for the proposed pre
annexation zoning conditioned upon certain provisions being made
for review of any development by the City's Board of Architectural
Review, provision of storm drainage facilities and restriction of
access, and
WHEREAS, the City's Planning Commission at a public hearing
considered the proposed M -1 zoning and made their findings and
recommendations which were forwarded to the City Council, and
WHEREAS, two public hearings have been held by the City
Council to consider the proposed pre- annexation zoning of the
property, which hearings were held pursuant to notice and were not
less than thirty (30) days apart, and
WHEREAS, based on the input received at the public hearings,
the City Council has determined that the proposed zoning would be
consistent with the City's Comprehensive Plan and that the
property described on Exhibit A should be zoned M -1 (Light
Industrial) conditioned upon the conditions set forth in the
mitigated DNS and that such conditions should be expressed in the
form of a concomitant zoning agreement, now, therefore,
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Adoption of Findings and Conclusions. The City
Council hereby adopts those findings and conclusions set forth on
Exhibit B attached hereto and incorporated herein by this
reference as if set forth in full.
Section 2. Establishment of Pre Annexation Zoning. Pre
annexation zoning for the property which is legally described on
Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth is hereby established to be
M -1 (Light Industrial), subject to execution of, and compliance
with the terms and conditions of the Concomitant Zoning Agreement
attached hereto as Exhibit C and incorporated herein by reference.
Section 3. Duties of City Clerk. Pursuant to RCW
35A.14.340, the City Clerk is hereby directed to file a certified
copy of this ordinance, together with all exhibits thereto, with
the King County Auditor to have said copy recorded.
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 (5) days after the
date of publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a regular meeting thereof this day of
1986.
ATTEST /AUTHENTICATED:
'CITY CLERK, MAXINE ANDERSON
APPROVED AS TO FORM:
OFFICE •F THE CITY ATTORNEY
B
A
FILED WITH THE CI CLERK: a 3- Y6
PASSED BY THE CITY COUIICIL; 4-7-Y‘
PUBLISHED: y 86
EFFECTIVE DATE: 1 /-/6-g‘
ORDINANCE NO.
APPROVED:
MAV& GARY L. VAN DUSEN
x
Attachment
Gerald M McLees
4526 So. 135th
Seattle, 1111 98168
Policy No. 480670
That portion of Tract 14 of Fostoria Garden Tracts, according to the
plat recorded in Volume 9 of Plats, on page 95, in King County
Washington, described as follows:
BEGINNING at the most Northerly corner of said Tract 14; thence
Southwesterly along Northwesterly boundary of said Tract 14, a
distance of 494.52 feet to Southwest corner of said tract which point
is also the North line of 135th Street (ALSO KNOWN AS Foster Street);
thence Southeasterly along said margin of county road, 94.88 feet more
or less; thence Northeasterly along the line parallel with said
Northwesterly boundary of said tract, 472.12 feet more or less to the
Northeasterly boundary of said tract; thence Northwesterly along said
Northeasterly boundary, 90.24 feet to the Point of Beginning;
EXCEPT therefrom the Northeast 272.12 feet thereof; and
EXCEPT that portion thereof lying with South 135th Street.
Revised per comments from Jim Bergsma, King County Engineer, 1/30/86
ATTACHMENT "A"
AGENDA ITEM
INTRODUCTION
FINDINGS
CITY OF TUKWILA
PLANNING DIVISION
PLANNING COMMISSION
STAFF REPORT
85 -61 -R: McLees Zoning
EXHIBIT B
The subject application is to request an initial Tukwila zoning classification of
M -1 (Light Industrial) for 4526 S. 135th Street. The city has received a notice
of intent to annex the subject site.
1. The subject property is currently in King County and is zoned S -R, Suburban
Residential. Proposed Tukwila zoning is M -1, Light Industrial (Exhibit A).
2. The Tukwila Comprehensive Plan designation of the property is Light
Industrial.
3. The subject property encompasses one undeveloped (18,673 square foot) lot and
is bounded by South 135th Street.
4. The SEPA responsible official has issued a Mitigated Determination of Non
Significance for the proposed annexation and zoning. The three mitigation
measures are as follows:
a. Development of site shall be subject to Board of Architectural Review
design review and approval.
b. Development of site will require the design and construction of a
drainage system to connect the developed site with South 134th Place.
c. Access to subject property for any commercial /industrial development
shall be restricted to South 134th Place. A legal access easement shall
be required to be created and recorded.
5. The Tukwila zoning district which abuts the subject site on the northwest side
and northeast side is M -1. A King County SR zoning district abuts the site on
the southeast side and a RS -7200 Single Family district is across South 135th
Street. A Tukwila single family zoning district is at 4621 South 134th Place
and a King County M -L district is located at 4712 South 134th Place. (Exhibit
A).
6. The land uses which surround the site are varied although the two predominate
uses are light industrial and low density residential. Residential uses pre-
85 -61 -R: MCLEES ZONIi.,.
Tukwila Planning Commission
January 23, 1986
Page 2
dominate along South 135th Street and 48th Avenue South, while the industrial
commercial uses exist along South 134th Place, South 133rd Street and South
i3lst Place. Starrow Enterprises, a manufacturer of customized marble and
onyx is located along the northeast property line. The applicant's home and
business for wholesale and retail of racing equipment and fabrication and
welding is located along the northwest property line. A two family dwelling
is located along the southwest property line.
7. The bounding streets, 48th, 135th, 134th and 133rd are narrow, paved and have
open ditch drainage. The City's Transportation Improvement Plan has South
134th scheduled for improvement with an LID in 1989.
8. The Comprehensive Plan's circulation map designates South 135th as a collector
arterial which provides for movement within smaller areas and is meant to
serve very little through traffic.
9. Effects of the proposal:
a. The purpose of the existing King County zoning classification, S -r
(Suburban Residential), is to provide for the orderly transition of areas
presently largely suburban in character but which are rapidly becoming
urbanized. The minimum size of sites is kept large for rural purposes
until development occurs. S -R is applied to areas in a transitional
stage, and which are changing or are expected to change, in character in
the light of increasing need for urban development.
Permitted uses on the site, as it is currently zoned, are single family
dwellings with accessory dwellings, foster family day care, and day nur-
series for less than twelve children.
Conditional uses include recreational facilities, including clubhouses
and day nurseries for more than twelve children.
Permitted residential density on the lot would be one single family unit.
Chapter 21.10 SR Suburban Residential
SR Dimensional Standards
Lot Area: 5 acres except that the area may be
reduced through subdividing: 7200 or 9600 square
feet with sewers, water, paved streets, curbs,
sidewalks, drainage.
15,000 square feet with approved water and sewage
systems, paved streets, walkways
35,000 square feet with approved water and sewage
disposal systems
85 -61 -R: MCLEES ZONING
Tukwila Planning Commission
January 23, 1986
Page 3
Minimum lot width:
Front Yard Depth:
Side Yard Depth:
Rear Yard Depth:
Lot Coverage:
Height:
330 feet unless platted
30 feet unless platted
10 feet unless platted
10 feet unless platted
35 percent
30 feet except for agricultural
buildings
b. The purpose of the proposed M -1 classification is to provide area
appropriate for light industrial uses which are non nuisance activities
in terms of air and water pollution, noise, vibration, glare and odor.
The M -1 classification is requested to provide the owner of the subject
parcel expansion capabilities for his existing commercial industrial
development on the adjacent lot. The subject lot was formerly developed
with a single family home fronting on South 135th Street, but is now
vacant.
Due to the cascading zoning districts, the number and type of uses will
be increased from single family residential and agricultural uses to high
density residential, commercial or light industrial uses.
Among permitted uses in the M -1 zone are:
i. Manufacturing, processing and /or packing of foods pharmaceuticals
and related products, and previously prepared materials such as
clothing or furniture.
ii. Body or engine repair shops.
iii. Warehouse storage and wholesale distribution facilities.
Conditional uses permitted in the M -1 district would also include the
conditional uses of the City's less restrictive zoning districts. An
example of conditional uses are: truck terminals; convalescent, nursing,
and retirement homes, and fire and police stations.
The M -1 district does not have minimum lot size requirements, but does
have minimum building setbacks and height restrictions:
Height Limit
Front Yard
Rear Yard
45 feet or 4 stories
25 feet
5 feet
General landscape requirements of the district per TMC 18.52.020 require
15 feet of front yard landscaping. Special landscape requirements would
also be imposed per TMC 18.52.030(2)(C) and (3)(B) due to an industrial
85 -61 -R: MCLEES ZON..
Tukwila Planning Commission
January 23, 1986
Page 4
11. Stability of the District.
use district occuring adjacent to and across the street from single
family districts. Along the southeast property line, a solid planting
screen within a ten foot wide landscape strip with a height of five to
eight feet or the construction of a decorative fence to be approved by
the Planning Commission, would be required.
Along the South 135th Street side, a twenty -two foot landscape strip with
a decorative fence or solid planting screen would also be required.
10. The subject site has a slope of 16% from southwest to northeast and is defined
by a steep ridge along the South 135th Street side. The use of the slope as a
natural barrier between the two different (industrial versus residential)
uses, can be an effective and appropriate land use tool.
The area northwest and northeast of the parcel, around the SR 599 interchange
is in a transition. The area is the subject of development interest and acti-
vity. Within the last year, Farwest Paints at 4500 South 133rd has received a
building permit for a new warehouse /showroom; Fostoria Industrial Park at
South 134th Place and South 133rd Street is building two new warehouse /office
structures and is proposing the annexation and industrial zoning of a parcel
at South 133rd and 42nd Avenue South for an additional warehouse /office struc-
ture; Normed has just recently completed a distribution /office facility at
South 131st Place; and the City is currently reviewing a proposal for a
Purolator Courier truck terminal facility on South 134th Place adjacent to
Farwest Paints. Several smaller structures, formerly residential, have been
or will be demolished in anticipation of commercial /industrial development. A
stable single family area along 48th Avenue South borders the industrial area
on the south and southeast side and is sandwiched between industrial uses and
I -5
12. Comprehensive Land Use Policy Plan
The following goals, policies and objectives from the Comprehensive Plan are
relevant to the subject proposal:
Residence
Objective 1, (p. 45): Protect all viable residential neighborhoods from
intrusions by incompatible land uses.
Policy 1: Use natural features, like topography to separate incompatible
land uses from residential areas.
Policy 4 (p. 46): Vehicular traffic to commercial, office or industrial
uses should not be through residential areas.
85 -61 -R: MCLEES ZONING
Tukwila Planning Commission
January 23, 1986
Page 5
Commerce /Industry
Policy 7 (p. 47): Promote mutual cooperation between governmental juris-
dictions regarding land use decisions to maintain the livability of
viable residential areas both inside and outside the Tukwila Planning
Area.
Objective 3, Policy 1 (p. 49): Encourage use of vegetative or fence -like
screens adjacent to freeways and along noisy use districts to protect residen-
tial areas from high noise levels.
Goal 1 (p. 18): Assure healthy economic growth through increased employment
diversification and strengthening of business and industry.
Objective 2 (p. 62): Provide adequate opportunity for industrial and ware-
house uses.
Natural Environment
Objective 1 (p. 24): Recognize the aesthetic, environmental and use benefits
of vegetation and promote its retention and installation.
13. In 1982, the subject area of this proposal was reviewed for annexation and
zoning under file #82 -6 -A: Western Pacific Properties. The subject lot was
part of a larger annexation proposal and an M -1 zoning classification was
requested by the majority of the property owners (Exhibit C). The Council,
after public hearings and a reveiw of the requested M -1 land use district,
made a motion that a petition be authorized to be circulated and that the area
be brought into the City zone R -1. At this point the annexation proposal was
withdrawn by the property owners.
14. When an area is effectively annexed, the property becomes unclassified and
subject to the restrictions of the R -1 -12.0 zone per TMC 18.08.020, until
classified by ordinance.
CONCLUSIONS
1. The proposed annexation of the parcel into Tukwila makes it expedient for the
City to zone the area in conformance with TMC 18.
2. The proposed classification of M -1 is in conformance with the City's
Comprehensive Land Use Map. The entire block bounded by South 134th Place,
South 133rd, South 135th Place and 48th Avenue South is designated by the City
for light industrial use. The SEPA mitigation measures, and TMC 18 Landscape
Requirements would ensure compliance with the policies and objectives of the
Land Use Policy Plan.
85 -61 -R: MCLEES ZONI
Tukwila Planning Commission
January 23, 1986
Page 6
RECOMMENDATION
EXHIBITS
A Zoning
B Land Use
C 82 -6 -A: Wester Pacific Properties Annexation
(MCLEES, 1)
(5A.3)
3. The proposed M -1 classification would be an extension of the existing zoning
classification and reflect the land uses which adjoin the subject parcel on
two side property lines.
4. The residential uses along South 135th Street would be screened from the sub-
ject parcel by the existing slope, the restricted access to South 134th Place,
the BAR design review and approval of site development, and the landscape code
requirements.
5. Although the staff feels that initial zoning of annexation areas should con-
form with the City's adopted land use plan, alternative land use decisions are
available. The City could consider amending the Comprehensive Plan and
adopting transitional office or commercial zoning classifications for the sub-
ject property(ies). Residential zones would not be appropriate due to the
existing industrial uses and zoning district within the subject block and
adjacent to the area along SR -599. The City could also request property
owners to petition for annexations that encompass larger areas thereby facili-
tating comprehensive land use decision making.
Based upon the above Findings and Conclusions, the Planning Commission may wish to
recommend approval of the M -1 (Light Industrial) zone for the parcel commonly
referred to as the McLees Annexation.
0 0
0042.010.010
JEH /ko
04/02/86
CONCOMITANT ZONING AGREEMENT FOR
MCLEES PRE- ANNEXATION ZONING
Donna R. McLees and
WHEREAS, Gerald M. McLees hereinafter referred to as
"the Owners are the Owners of certain real property located in
King County, Washington, which is the subject of this Agreement
and which is legally described on Exhibit A attached hereto and
incorporated herein by this reference as if set forth in full,
hereinafter referred to as "the Property and
WHEREAS, the Owners have filed a Notice of Intent to Annex
the said property to the City of Tukwila, hereinafter referred to
as "the City and have requested that the property be zoned
M -1 (Light Industrial) in accord with the pre- annexation zoning
procedures set forth in RCW 35A.14.330 and 35A.14.340, and
WHEREAS, the City's SEPA Responsible Official issued a
Mitigated Determination of Nonsignificance for the proposed zoning
and annexation with three conditions relating to review of any
development proposed for the site by the City's Board of
Architectural Review, installation of_a storm drainage system and
the restriction of access to the property, and
WHEREAS, the City's Planning Commission at a public hearing
considered the proposed M -1 zoning and made their findings and
recommendations which were forwarded to the City Council, and
WHEREAS, two public hearings have been held by the City
Council to consider the proposed pre- annexation zoning of M -1 for
the property, which hearings were held pursuant to notice and were
not less than thirty (30) days apart, and
WHEREAS, based upon the input received at the public
hearings, the City Council has authorized preparation of an
ordinance establishing a zoning classification for the property
described on Exhibit A of M -1 (Light Industrial), subject to
certain conditions agreed to by the Owners, now, therefore,
In the event that the property described on Exhibit A
attached hereto, situated in King County, Washington, is annexed
to the City of Tukwila and zoned M -1 (Light Industrial) then the
Owners hereby covenant and agree as follows:
1) Development Approval. The development of the property
described on Exhibit A shall be subject to design review• and
approval of the Board of Architectural Review of the City of
Tukwila.
EXHIBIT C
2) Storm Drainage. Owners shall construct at Owner's expense as
part of any development of the site a permanent storm drainage
system which will connect into the City of Tukwila storm sewer
system in South 134th Place. Design and installation of the storm
drainage facility shall be subject to the approval of the City
Public Works Department and shall be in accordance with applicable
City standards, including storm water detention and retention
requirements.
3) Access. Access to the property for any commercial or
industrial development as determined by the Planning Commission
shall be restricted to access from South 134th Place.
4) Binding Effect. This Agreement shall be filed and recorded
with the King County Auditor and shall be a covenant running with
the land described on Exhibit A attached hereto and incorporated
herein by reference as if set forth in full, and shall be binding
upon the Owners, their successors in interest and assign.
5) Payment of Costs and Recording Fees. The Owners agree to pay
all costs of recording this Agreement.
6) Police Power. Nothing in this Agreement shall be construed
to restrict the authority of the City to exercise its police
powers.
7) Enforcement. In addition to any other remedy provided by
law, the City may, at its discretion, maintain a lawsuit to compel
specific performance of the terms and conditions of this Agreement
or to otherwise enforce its provisions, through injunctive or
other relief, and if the City prevails in such action, it shall be
entitled to recover all costs of enforcement, including reasonable
attorney's fees.
8) Severability. In the event any section, paragraph, sentence,
ter: or clause of this Agreement conflicts with applicable law or
is found by any court having jurisdiction to be contrary to law,
such conflicts shall not affect other sections, paragraphs,
sentences, terms or clauses of this Agreement which can be given
affect without the conflicting provision and to this end the terms
of this Agreement shall be deemed to be severable, provided,
however, that in the event any section, paragraph, sentence, term
or clause of this Agreement is found to be in conflict with
applicable law, the City shall have the right to bring the
proposed development back before the City Council for further
review and imposition of appropriate conditions to insure that the
purposes for which this Agreement is entered into are in fact
2
accomplished and the impacts of the proposed development are
mitigated.
ACCEPTED BY:
THE CITY OF TUKWILA
DATED this
GARY/ L. VA DUSEN, MAYOR
ATTEST /AUTHENTICATED:
GG
MAXINE ANDERSON, C Y CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY AR`I'O7NEY
ss.
day of
Owners
1986
STATE OF WASHINGTON
COUNTY OF /q
I certify that I .know or have satisfactory evidence that
Gerald M.and Donna R. McLees signed this instrument and
acknowledged it to be their free and voluntary act for the uses
and purposes mentioned in the instrument.
Dated 1-- /0- a
Signature of
Notary Public
Title esu4
My appointmeret expires
Attachment
Gerald M McLees
4526 So. 135th
Seattle, WA 98168
Policy No. 480670
EXHIBIT "I"
That portion of Tract 14 of Fostoria Garden Tracts, according to the
plat recorded in Volume 9 of Plats, on page 95, in King County
Washington, described as follows:
BEGINNING at the most Northerly corner of said Tract 14; thence
Southwesterly along Northwesterly boundary of said Tract 14, a
distance of 494.52 feet to Southwest corner of said tract which point
is also the North line of 135th Street (ALSO KNOWN AS Foster Street);
thence Southeasterly along said margin of county road, 94.88 feet more
or less; thence Northeasterly along the line parallel with said
Northwesterly boundary of said tract, 472.12 feet more or less to the
Northeasterly boundary of said tract; thence Northwesterly along said
Northeasterly boundary, 90.24 feet to the Point of Beginning;
EXCEPT therefrom the Northeast 272.12 feet thereof; and
EXCEPT that portion thereof lying with South 135th Street.
Revised per comments from Jim Bergsma, King County Engineer, 1/30/86
0042.010.010
JEH /ko
04/02/86
4 P-0Q-/
7
SUMMARY OF ORDINANCE NO. `gC.S
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING PROPOSED ZONING REGULATIONS TO BECOME EFFECTIVE
UPON THE ANNEXATION TO THE CITY OF CERTAIN REAL PROPERTY
COMMONLY KNOWN AS THE MCLEES ANNEXATION, PURSUANT TO RCW
35A.14.330 AND 35A.14.340, CONDITIONING SAID ZONING
ACTION UPON THE TERMS OF A CONCOMITANT ZONING AGREEMENT,
AND ESTABLISHING AN EFFECTIVE DATE.
On /7y 7 1986, the City Council of the City of
Tukwila passed Ordinance No. /2�Q. which provides as follows:
Section 1. Adopts findings and conclusions with respect to
the zoning action taken by the ordinance.
Section 2. Establishes pre- annexation zoning for property
described on Exhibit A to this summary of M -1 (Light Industrial)
conditioned upon the execution of a Concomitant Zoning Agreement
attached as Exhibit C to the ordinance.
Section 3. Directs the City Clerk to file a certified copy
of the ordinance and exhibits with the King County Auditor.
Section 4. Establishes an effective date.
The full text of this ordinance will be mailed without charge
to anyone who submits a written request to the City Clerk of the
City of Tukwila for a copy of the text.
APPROVED by the City Council at their meeting of
1986.
PUBLISHED: Record Chronicle, Friday, April 11, 1986
2
'MAX'INE ANDERSON, CITY CLERK