HomeMy WebLinkAboutCOW 2004-11-22 Item 4D - Zoning - Conceptual Code Amendment to Allow Mixed-Use Residential Development .�IILA, COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 04-166 'ORIGINAL AGENDA DATE: November 22, 2004
AGENDA ITEM TITLE Transit Oriented Development Area Conceptual Code Amendment to Allow Mixed Use
Residential Development
CATEGORY X Discussion Motion Resolution Ordinance Bid Award Pub /ic Hearing Other
Altg Date 11.22.04 tldtg Date ;11tg Date Altg Date A'Itg Date t11tg Dale <11tg Date
SPONSOR Council IVlayor
Adrn Svcs X DCD Finance Fire Legal P&R Police PW
SPONSOR'S Amending the Zoning Code to allow mixed use residential development adjacent to the Sounder Comuter Rail Station
SUMMARY in advance of TUC Plan approval will allow a proposed "pilot project" to move forward now. Conceptual approval
will allow staff to draft the amendments for review by the Planning Commission, followed by COW review and
Council Adoption.
REVIEWED BY COW Mtg. X CA &P Cmte El F &S Cmte El Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11.09.04
RECOMMENDATIONS:
SPONSOR /ADMiN. Recommend conceptual approval of amendment to Title 18.
COMMITTEE Support conceptual amendment and forward to COW
COST IMPACT FUND SOURCE
EXPENDITURI REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
0 0 $0
Fund Source: N/A
Comments: Preparation of amendment can be completed in- house.
MTG. DATE RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
11.22.04 Staff memo to COW RE: Code Amendment for TOD Area, November 16, 2004
11 -22 -04 Minutes from CAP Meeting November 9, 2004
11 -22 -04 Staff Memo to CAP RE: Code Amendment for TOD Area, Novemebr 4, 2004
City of TukWila
Steven M. Mullet, Mayor
Department of Community Development
Steve Lancaster, Director
TO:
From:
Date:
Committee()f the Whole , v-f./
Steve Lancaster, DCDDirector )(",......,
November 16,2004 --/
Subject:
Transit Oriented Development Area - Code Amendment to Allow Mixed Use
Res i dentialDevel opment
Back!!round
Recently, a developer approached DCD with a proposal for a mixed-use residential project, to be
constructed within the designated TaD area. Tukwila Station, a 350 unit multifamily
. development with 7,000 square feet of retail, would be located on the property north of
LongacresWay and the Sound Transit commuter rail/Amtrak station, between the UP and BNSF
fCtilroadtracks(See Figures 1&2). This ~~pilot" project would constitute a significant first step
towards achieving our lancluse and transportation goals for the TaD area and the TUC subarea
plan.
The project's primary obstacle is that residential development on this property is currently not
allowed by Tukwila's land use regulations. While the projectis consistent with pending
amendments to Tukwila's Comprehensive Land Use Plan and the proposed TUC subarea plan
allowing for the development of residential uses within walking distance of the Sound Transit
commuter rail/Amtrak station, it is being proposed prior to their adoption.
On November 9, the Community Affairs and Parks Committee supported the concept of
amending Chapter I 8, Tukwila Urban Cehter District, as follows to allow the project to move
forward:
Use:
Allow multifamilydwellingsin a mixed-use development on parcels within 200
,feet of Sound Transit's commuter rail property.
Conditional Use Perrnit and Design Review
TUC Basic Development Standards and General Design Review Criteria (since
the specific multifamily design'guidelines are for suburban versus urban forms of
development)
Process:
Standards:
Other provisions of Chapter 18, Tukwila Urban Center (TUC) District, will remain the same.
Outions:
1. Council,chooses hot to adopt the recommended amendments. The proposal would need to
wait until the TUC subarea plan is adopted in late 2005.
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2. Council adopts therecommended amendments. The project can immediately move
forward.in the permit process.
Staff Recommendations:
Staffrecommendsthat the Committee of the Whole support the concept of amending Chapter 18,
TukwilaUrbanCenter (TUC) District. This allows staff to draft the amendments for review by
the Planning Commission, followed byC0W review and Council action.
Figure 1 Tukwila Station
A mixed used residential project for Pacific Commercial Properties
Figure 2 Tukwila Station
Community and Parks Committee
November 9,2004
Present: Pam Linder, (:hair; Dave Fenton, Joe Duffie
Jack Pace, Lynn Miranda, Bruce Fletcher, Kevin Fuhrer, Alan Doerschel, Lucy
'., 1/ Lauterbach
7",-1. Transit Oriented DevelonmeDtStaffhadmet with a developer who is interested in building
a 350 unit residential building, with room for retail on the first floor just north of the Sounder
. Station. As this is inthe TransitOriented Development (TOD) area, residential uses are not now
allowed there. The TukwilaUrban Center Plan is not due until late 2005, so amendments to the
Tukwila Urban Center section in Chapter l8 could be coupled with the Comprehensive Plan
provisions toallowthedevelopmentto work toward getting a permit. Jack said staff had tried to
think ofa way to aid this development, as it brings us toward our goal of enhancing the TOD to
make it a viable living and working area. The developer has an option of buying land from
McCleod. The Committee supported moving to adopt an amendment to the Tukwila Urban
Center uses by a116wingmultifamily dwellings ina mixed use development on parcels within
200 feet of Sound Transit's commuter rail property. If approved in concept by the Council, it will
go to the Planning Commission. Recommend amendment to Nov 22 meetine.
2. Park and EauiomentAcceotance Bruce had used some 2004 CDBG funds to buy
replacement playgroundequipmentforboth Crystal Springs and Duwamish park. New swings
and the new stylejunglegyms were installed at Duwamish Park for a total of$38,976.78. The
total forthe Crystal Springs project was $49,153.07. Recommend acceotance of both
contracts and release of retainaee to consent aeenda.
3. Final Budeet lleviewThe Committee completed their committee budget reviews. The
~ommittee discussed possible proactive code enforcement using the international property
maintenance code to strengthen and upgrade both single family and multi family hOlJsing. This
item will be discussed at Council's retreat. Budeet review finished.
4. Third OuarterRenorts Committee members were satisfied with the reports. No action.
tS L'Committee chair approval
Steven M. Mullet, Mayor
Depa. tUtent of Community Detlelopment
Steve Lancaster, Director
TO:
From:
Date:
Community Affairs and Parks Committee Members
Steve Lancaster, DCD Director
Novernber4, 2004
Subject:
Transit Oriented Development Area- Code Amendmentto Allow Mixed Use
Residential Development
Backe:round
Recently, a developer approached DCDwith a proposal for a mixed-use residential project, to be
constructed within the designated TOD area. Tukwila Station, a 350 unit multifamily
development with 7,000 square feet of retail, would be located on the property north of
Longacres Way and the Sound Transit commuter rail/Amtrak station, between the UP and BNSF
railroad tracks (See Figures 1&2). This "pilot" project would constitute a significant first step
towards achieving our land use and transportation goals for the TOD area and the TUC subarea
plan. The project's primary obstacle is that residential development on this property is currently
not allowed by Tukwila's land use regulations. This memo outlines Staff recommendations that
willallo'N the City to capturethis key development opportunity now, prior to the adoption of the
TUC subarea plan.
. Discussion
Policy issues that need to be addressed are as follows:
. Residentialdevelopmenton the property is currently not allowed by Tukwila's land use
regulations.
. The project is consistent with pending amendments to Tukwila's Comprehensive Land Use
Plan and the proposed TUCsubareaplall allowing for the development ofresidentiaJ usee;
within walking distance of the Sound Transit commuter rail/Amtrak station.
. The project is being proposed prior to adopting Tukwila's Comprehensive Land Use Plan
amendments andthe TUC subarea plan.
Staff recommends amending Chapter 18,Tukwila Urban Center District, as follows to allow the
project to move forward:
Use:
Allowmultifamily dwellings ina mixed-use development on parcels within 200
feet of Sound Transit's commuter rail property.
Conditional Use Permit andDesign Review
TUC Basic Development Standards and General Design Review Criteria (since
the specific multifamily design guidelines are for suburban versus urban forms of
development)
Process:
Standards:
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Other provisions ofChapter18,TukwilaUrban Center (TUC) District, will remain the same.
ODtions '
1. Council choosesnottoadopt therecommended amendments. The proposal would need to
. wait until the TUC subareaplanis adopted in late 2005.
2. Council adopts the recommended amendments. The project can immediately move
forward in the pertnitprocess.
Staff Recommendations:
AmendChapterl8, Tukwila Urban Center (TUC) District, as described, to allow the proposed
project to move forward.
Next steps:
Forward the proposed amendment on to the COW for review at their November 22nd meeting. If
the COW agrees with Staff recommendations, Staff will draft the actual amendments for review
by the Planning Commission, followed by COW review and Council adoption.
Figure 2 Tukwila Station
Figure 1 Tukwila Station
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING THE CITY OF
TUKWILA'S ZONING MAP FROM LOW-DENSITY RESIDENTIAL
(LDR) TO MANUFACTURING INDUSTRIAL CENTER/LIGHT
(MICjL) AT THE PROPERTY LOCATED AT THE WESTERN
TERMINUS OF SOUTH 126TH STREET AND BETWEEN TUKWILA
INTERNATIONAL BOULEVARD AND 34TH AVENUE SOUTH;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
, EFFECTIVE DATE.
.'
WHEREAS, in 1995 the City of Tukwila adopted the Zoning Map, based on
consideration of existing conditions and long-term community-wide goals, and these
policies may bereviewed, and updated as appropriate; and
WI-lEREAS, Sabey Corporation has requested amendments to the Zoning Map for
the property located at the western terminus of South 126th Street and between
TukwilaInternational Boulevard and 34th Avenue South; and
WHEREAS, the City Council held a public meeting on March 15, 2004, and
forwarded the Sabey Corporation's request for rezone to the City of Tukwila Planning
Commission for further review; and
WHEREAS, the City of Tukwila Planning Commission, after having received and
studied staff analysis and comments from members of the public at a public hearing
held on May 20,2004, recommended denial of the applicant's request for the rezone;
and
vvtiEREAS, fue City Council has held its own duly advertised public hearings on
the aforementioned request, at which time the Council took testimony including all
written and oral comments, statements and arguments submitted tothe Council; and
'.
WHEREAS, the City Council evaluated this rezone request based on the analysis
contained within the staff memo to the Council dated August 10,2004, which included
four staff reports to the Planning Commission as exhibits dated March 15, 2004, May 20,
2004, June 16, 2004 and July 14, 2004, which are hereby incorporated by this reference;
and
WHEREAS, this rezone request is in conformity with the adopted Comprehensive
Land Use Policy PI!:1n, Tukwila Municipal Code Title 18, and the puhlic interest; and
WHEREAS, this rezone request is supported by an architectural site plan showing
the proposed development and its relationship to the surrounding areas; and
WHEREAS, this rezone request meets the criteria for granting zoning map
reclassifications listed under Tukwila Municipal Code 18.84.030; and
'.AmendZo11U1g:.:>abey 1l/19/U41'age 1 of 2
WHEREAS,the Committee of the Whole, after due consideration, and after taking
public testimony at the public hearing held on October 4, 2004, believes that certain
amendments to the City's Zoning Map are necessary;
NOW, THEREFORE, THE, CITY COUNCIL OF THE CITY OF TUIG\TILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Zoning Map change set forth in Section 2 of this ordinance is found
to be necessary and desirable for the reasons presented in staff reports, previously
referenced,. and at, public hearings. The City Council specifically finds that the
proposed zone change conforms to all relevant criteria set forth in TMC 18.84.030.
Section 2. The City's Zoning Map is hereby amended to designate the entire parcel
#740600602, ,generally located at the western terminus of South 126th Street and
between Tukwilalnternational Boulevard and 34th Avenue South, as Manufacturing
Industrial CenterjLight, , rather than having split zoning designations of Low-Density
Residential" Commercial Light Industrial, and Manufacturing Industrial Center jLight,
as shown on Exhibit A.
Section3. TheZoning Map change shall be allowed upon approval and execution
of the Covenant attached hereto as Exhibit B, which Covenant is incorporated herein as
part of Uli&ol'diHiUlLeby ihisreferellCe, and ..11 Jeveiopment of Ule site by me appiicani:
or its successors in interest shall be in strict conformity with the provisions of Exhibit B.
Any change in the provisions of Exhibit B shall require rezone proceedings.
Section 4. In the event that the property is developed in violation of the Covenant
attached hereto as Exhibit B, said Covenant shall be deemed null and void and the
zoning designation for the property shall revert to the zoning designations which
existed prior to the date of adoption of this ordinance.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Special Meeting thereof this day of . 2004.
ATTEST j AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E.Cantu, CMC, CityClerk
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
APPROVED AS TO FORM BY:
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Subject property (Parcel 73406-0602) zoning designation for the entire
parcel is cflangedtoMIC/L
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s. 126th st.
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EXHIBIT A
...-- - ,- --.-- ----..-- _...-
CONCOMITANT AGREEMENT AND
COVENANT RUNNING WITH THE LAND
This agreement. is entered, into this day of
2004, by and between International Gateway East III, LLC, a Washington limited
liability company,hereinafter referred to as the" Applicant" and the City of Tukwila,
Washington, a municipaLcorporatiori,hereinafter referred to as the "City."
, WHEREAS, the City has authority to enact laws and to enter into agreements to
promote the health, safety, and welfare of its citizens and thereby control the
development of property within its jurisdiction; and
WHEREAS, the Applicant has applied for a rezone of certain property described
below within the, City'sjurisdictionfrom LDR district to C/U district, consistent with
the Comprehensive Plan adopted by the City pursuant to the Growth Management Act
(RCW36.70A); and
WHEREAS, the City and the Applicant are both interested in complying with the
ordinances of the City of Tukwila relating to the development of the property situated
in the City described as follows:
Lots 1,2 and 3 in Block120f Riverton Addition, as per the Plat recorded in
Volume 13 of Plats, Page 36 records of King County, Washington, together with
the entire 40 foot width of vacated South 126th Street adjacent and contiguous
thereto (also being known as Lot C of Boundary Line Adjustment Number 89-
6-BLA, recorded un.der King County Recording Number 8908161260), situated
in the City of Tukwila, County. of King, State of Washington.
hereinafter sometimes referred to as the "Site"; and
WHEREAS, the City desires toeIlforce the rights and interests of the public by this
Concomitant Agreement;
NOW, THEREFORE, in the event the site is rezoned from LDR to MIC/L district,
the Applicant covenants to the City and agrees on behalf of itself and each of its
successors and assigns, that during the entire period that the property is zoned MIC/L,
the Site will be developed only in accordance with this Covenant and subject to the
conditions provided herein. The Applicant specifically agrees that this Covenant
touches, concerns, enhances, benefits and runs with the property.
1. Title., Applicant is the sole and exclusive owner of the property.
2. Conditions. The Applicant promises to comply with all the terms and
conditions, of this agreement in the event the City, as full consideration herein, grants
the rezone relating to the Site. The Applicant hereby agrees to be bound by and to
comply with the following conditions:
Concomitant Sabey 11/18/04 Page 1 of 3
EXHIBITB
-.;.-..:.:," ,'..' . . ,--->,;- ','
a; The Applicant shall install ten Douglas Fir trees that are 12 to 14 feet in
height and five Douglas Fir ,trees that are 6 to 8 feet in height, along the south property
line as shown in the clouded area on the attached Exhibit 1. The fifteen Douglas Fir trees
shall be,. installed within '180 .'days of, the. approval of this agreement. All other
landscaping shown on Exhibit I, except the fifteen Douglas Fir trees, was approved as
part of theConq.itionalUse Permit (File Number L02-055) and Design Review
Application (File Number,L02-056) for the Department of Homeland Security building
by the Planning Commission on February 27,2003. Also, prior to the approval of this
agreement,theapplicantshalLprovide a performance bond or other financial security as
approved by the City Attorney, guaranteeing the completion of such improvements.
b. No access to the site Will be allowed from 34th Avenue South.
c. All uses of this ,property shall be consistent with zoning designation
MIC/L.
3. Binding. No modifications of this agreement shall be made unless mutually
agreed upon by the parties in writing.
4. Remedies. Violations of this Covenant shall be enforced by the City according
to ertforcementproceduresapplicableto zoning code violations. In addition to other
remedies available to the City by law, the City reserves the right to revoke the rezoning
of the Site should the Applicant fail to comply with any of the to;;HUS and conditions of
this agreement.
5. Successors.., This Covertant'.shall,remain in full force and effect, and be
binding upon the Owner and his successors and assigns until amended, modified or
~o;;Huinated by an ordinance adopted by the Tukwila City Council.
6. Filing. The' applicant shall file' a copy of this covenant for record with the
King County Records and Elections Division within 30 days of approval of this
agreement so as to appear within the chain of title to the property.
7. Reversion. In the event that the property is developed in violation of the
conditions set forthin this agreement, then this covenant shall be deemed null and void
and the zoningdesignationfor the property shall revert to tl1e zoning designations that
existed prior to the rezone contemplated herein.
8. Attomey.Fees. . In the event that, legal action is instituted to enforce or
interpret any provision of this Covenant,including any appeal thereof, the substantially
losing party 'shall reimburse the substantially prevailing party for all costs and
reasonable attorney fees incurred in connection therewith.
9. Severability. In the eventthat any tt::HU or clause of this agreement conflicts
with applicable law, such conflict shall not affect other terms of this agreement, which
canbe given effecfwithoutthe conflicting terms or clause, and to this end, the terms of
this agreement are declared to be severable.
ConcomitaI1t ~abeY/111181Mpage2of3
, .."...." "";'" ' , ,'...,.. "
EXHlI:UT H
IN WITNESS WHEREOF; the parties hereto have executed this agreement as of
the day and year firstabovewritlen.
APPLICANT
International Gateway:EastIII, LLC,
By Sabey Corporation Manager
CITY OF TUKWILA
By James N.Harmon, Treasurer&Secretary
By Steven M. Mullet, Mayor
APPROVED AS TO FORM:
Shelley Kerslake, City Attorney
STATE OF WASHINGTON )
) 5$.
)
I certify that I know orhave satisfactory evidence that Tames N. Harmon to me known to be
the Treasurer & Secretary of the corporation which executed the above instrument, appeared
before me and said person acknowledged that he signed this instrument and acknowledged it
to be the free and voluntary act of such party for the uses and purposes mentioned in this
instrument.
DATED:
By
Notary Public in and for the State of Washington
Name as cormnissioned:
Residing at:
My commission expires:
STATE OF WASHINGTON
COUNTY OF KING
)
) 55.
)
I certify that lknow- or have satisfactory evidence that Steven M. Mullet. Mavor. City of
Tukwila, appeared before me and said person acknowledged that he signed this instrument and
acknowledged it to be the free and voluntary act of such party for the uses and purposes
mentioned in this instrument.
DATED:
By
Notary Public in and for the State of Washington
Name as commissioned:
Residing at:
My commission expires:
ConcomiIllJ.1t Sabeylli18i04rag~ 30! 3
EXHiB11~ 11