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HomeMy WebLinkAboutReg 2003-09-15 Item 7B - Public Hearing - Annual Comprehensive Plan AmendmentsMeeting Date 13 -03 -03 13 -17 -03 18 -25 -03 Meeting Date 09 02 03 A /1s /n COUNCIL AGENDA SYNOPSIS Meeting Date 09 -02 -03 F. c TaGaster—dat$a Prnnneari nrrii mmnr Initials- Prepared bye 1 Mayor's review I Council review S.L.(/) I ,LcL- _Lee. CAS Number: 03-111 Ref 03-029 Agenda Item Title: Public hearing on the three proposed annual amendments to the Comprehensive Plan. Oft .x s- 0 3- (Ref 03 -029) 1 Original Agenda Date: Admin. 3/3/03 X Original Sponsor: Council Timeline: Sponsor's Summary: Public hearing on the three proposed annual Comprehensive Plan amendments. rat Action I Briefing on the proposed 2003 Comprehensive Plan Zoning Code amendments. Public Hearing; items forwarded to Planning Commission for consideration. Briefing on Planning Commission's recommendations to the Council. Attachments Memo from Steve Lancaster dated 08- 27 -03. Proposed draft ordinance- zoning code changes re: allowing office in MIC/H zone. 0 /00 /nv ITEM No. Recommendations: Hold the public hearing on the three proposed annual Comprehensive Plan amendments. Sponsor: Committee: CAP forwarded to COW for review and hearing. Administration: Cost Impact Of known): None I Fund Source (if lmown): City of Tukwila Department of Community Development Steve Lancaster, Director MEMORANDUM Date: August 27, 2003 TO: Tukwila City Council FROM: Steve Lancaster, Department of Community Development SUBJECT: ANNUAL COMPREHENSIVE PLAN AMENDMENTS FOR 2003 Background On August 25, 2003, the Council was briefed on the Planning Commission's recommendations regarding the three proposed Comprehensive Plan and Zoning Code amendments that were submitted for consideration during the 2002 -2003 annual amendment process. I. L02 -062 Comprehensive Plan amendment—Office in MIC/II L02 -063 Zoning Code Amendment Office in MIC/H The Council asked staff to provide some additional information regarding the proposed amendment to allow office in the MIC/H zone. The Council asked for the following: 1. Are there any examples of existing water dependent industrial uses in the Duwamish corridor? Delta Marine is a water related industry located on the Duwamish River and they manufacture boats and yachts. It is located at 1608 South 96' Street, Seattle on the west side of the River. Jorgensen Steel located at 8431 East Marginal Way South, Tukwila uses the River for transportation of some of their materials by barges. 2. What are the regulatory/environmental issues with the redevelopment of these properties for water dependent uses? Any development within 200 feet of the shoreline is subject to shoreline substantial development permit. At this time the area north of the tuming basin is subject to King County Shoreline Master Program that is administered by the City of Tukwila. The setbacks for non -water related uses(commercial and industrial) Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -3665 are 50 feet from the ordinary high water mark or twenty feet from edge of the floodway, whichever is greater. There are provisions to reduce this setback if the development provides public access. However water dependent industrial use is not required to maintain a shoreline setback. If the redevelopment of any of the parcels includes any work in, over or under navigable waters of the United States a permit is required from the US Army Corps of Engineers to ensure that navigation is not adversely affected. Typically shoreline stabilization methods that have least impact on habitat to properly serve the water dependent uses are required. Following is a summary of the Planning Commission's Recommendation: Planning Commission recommended the following: 1. Allow new office developments in the MIC/H zone as Conditional Uses and subject to the following restrictions: a) The maximum size of new office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to mm/dd/yy (the effective date of the adoption of the ordinance). b) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand -alone office uses are shown on the map attached to the ordinance. 2. An existing office development established prior to 12/11/1995 (the effective date of the adoption of the Comprehensive Plan) may be allowed to exceed the maximum size limitations and/or convert to a stand -alone office use subject to obtaining Conditional Use approval. Also, attached is the draft ordinance for the public hearing. IL L02 -064 Comprehensive Plan amendment— Revise Sensitive Areas policies L02 -064 Zoning Code amendment— Revise Sensitive Areas policies Reauest: Approve "placeholder" amendment for Comprehensive Plan and Zoning Code to include "best available science," other issues per State of Washington Growth Management Act requirements. Planning Commission recommendation: Defer consideration until 2003 Growth Management Act update III. L02 -067 Rezone LDR to 0 (Barghausen/Robb) L02 -068 Comprehensive Plan amendment LDR to 0 (Barghausen/Robb) Reauest: Approve rezone /Comprehensive Plan change at 6550 and 6542 Southcenter Boulevard from Low Density Residential (LDR) to Office (0) Planning Commission recommendation: Deny request. Applicant may reapply for consideration if access and encroachment issues are resolved before 12/31/03. Next steps: The Committee of the Whole will hold a public hearing on the proposed amendments on September 2, 2003. After the public hearing, the City Council may: Adopt an amendment as recommended by the Planning Commission; Adopt a modified version of an amendment; Reject the amendment; or Ask for additional information prior to making a final decision on the request. City of Tuk*ila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE CITY'S 1995 COMPREHENSIVE PLAN FOR THE CITY OF TUKWILA AND AMENDING TUKWILA MUNICIPAL CODE SECTIONS TO ALLOW LIMITED OFFICE USE IN THE MIC/H ZONE; AMENDING ORDINANCE NOS. 1865 AND 1758 AS CODIFIED IN TMC SECTION 18.38.040; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwia's Comprehensive Plan and development regulations may be reviewed and updated as appropriate; and WHEREAS, the City of Tukwila desires to be consistent with the King County -Wide Planning Policies that recognize Tukwila's manufacturing center as a designated industrial center and require local jurisdictions that include a manufacturing center to allow limited office and retail uses in the industrial centers; and WHEREAS, the City of Tukwila desires to preserve properties that abut the Duwamish River and are north of the taming basin for water related industrial uses; and WHEREAS, the City of Tukwila desires to preserve and encourage the aggregation of land parcels for manufacturing /industrial uses; and WHEREAS, the City of Tukwila desires that the area zoned MIC /H continue to serve a valuable role for future needs of industrial users and at the same time provide some flexibility to go with the changes in the industries and allow some office uses; and WHEREAS, on June 26, 2003 the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the, Zoning Code to allow limited office use in the MIC /H zone and on July 24, 2003 adopted a motion recommending the proposed changes; and WHEREAS, on September 2, 2003, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Tukwila 1995 Comprehensive Plan Manufacturing Industrial Center Chapter Policy 11.1.5 under Goal 11.5, as adopted by Ordinance 1757, is hereby amended to read as follows: 11.1.5 Allow uses that are commonly associated with manufacturing and industry, including those directly supporting such activity, such as offices and laboratories, while limiting unrelated uses. Section 2. Ordinance 1865, §44, and Ordinance 1758 §1 (part), as codified at TMC 18.38.040, are amended as follows: Annual Comprehensive Plan Amendments 8/29/03 1 18.38.40 Conditional Uses The following uses may be allowed within the Manufacturing Industrial Center /Heavy Industrial district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Colleges and universities. 2. Electrical substations distribution. 3. Fire and police stations. 4. Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW 70.105; see TMC 21.08). 5. Offices not associated with other permitted uses, subject to the following location and size restrictions: a. New Office Developments: i. New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to the effective date of the adoption of this ordinance. ii. No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin The parcels that are ineligible for stand -alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the adoption of the Comprehensive Plan) may be allowed to exceed the maximum size limitations and /or convert to a stand -alone office use 6. Park and ride lots. 7. Radios, television, microwave, cellular or observation stations and towers. 8. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 9. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; limited to uses of a type and size that clearly intend to serve other permitted uses and /or the employees of those uses. 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 and effect five (5) 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 2003. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Council: Publisher'• Effective Date: Ordinance Number: 2 r 44 Figure 18 -12 MIC /H Parcels Ineligible For Stand -Alone Office Uses cki MIC /H Boundary IM Duwamish River MIC /H parcels ineligible for new stand -alone office uses