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HomeMy WebLinkAboutCOW 2010-06-28 Item 4C - Amendments - 2010 Comprehensive Plan / Zoning Amendments1 CAS NUMBER: 10-075 COUNCIL AGENDA SYNOPSIS Lntzals Meeting Date Prepared by I Mayor's review 1 Mounal revzezv 06/28/10 RF 1 Y4k4 07/06/10 RF ITEM INFORMATION 1 ORIGINAL AGENDA DATE. JUNE 28, 2010 AGENDA ITEM TITLE Annual Comprehensive Plan /Zoning amendments for 2010 CATEGORY Discussion Motion Resolution Ordinance n Bid Award Public Hearzng Other Mtg Date 6/28/10 Mtg Date 7/6/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 6/28/10 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PJV SPONSOR'S Tukwila may amend its Comprehensive Plan /Zoning map once per year, through a process SUMMARY involving review by the City Council and Planning Commission with opportunities for public comment during each review. A public meeting is scheduled on June 28, 2010 to receive comments on three applications to be considered in 2010. At the Regular meeting, of 7/6/10 the City Council will decide whether to forward the applications to the Planning Commission for additional consideration, and a recommendation. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DATE: 06/14/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE Fund Source: Comments I MTG. DATE 06/28/10 1 1 EXPENDITURE REQUIRED $0.00 MTG. DATE 06/28/10 AMOUNT BUDGETED $0.00 RECORD OF COUNCIL ACTION ITEM No. 4 C. APPROPRIATION REQUIRED $0.00 ATTACHMENTS Informational memorandum dated 6/7/10, with attachments Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 56 City of Tukwila INFORMATIONAL MEMORANDUM TO: Community lairs and Parks Committee FROM: Jack Pace, V Community Development Director DATE: June 7, 201 I SUBJECT: ANNUAL COMPREHENSIVE PLAN AMENDMENTS ISSUE The City of Tukwila received two applications for Comprehensive Plan amendment/Rezone for review during 2010. In addition, a "housekeeping" amendment is sought to correct a mapping oversight that occurred when portions of the Tukwila South project area were annexed to Tukwila in 2009. The City Council is being asked to hold a public meeting to hear citizen comments on the requests under consideration for Comprehensive Plan amendment and rezone. After the public meeting and discussion, the City Council will decide whether to forward the proposed amendments to the Planning Commission for further consideration and hearing. BACKGROUND The City of Tukwila's Comprehensive Plan is a document created in 1995 that sets out the goals, and policies that guide the community as it accommodates growth and change over time. It is a blueprint for growing responsibly. The Washington State Growth Management Act (GMA) gives Tukwila the opportunity to amend the Comprehensive Plan once a year, unless it is an emergency Anyone can request an amendment through the application process, including residents, business owners, Council members and City staff. Proposed amendments may include changes to policies or the future land use map. Tukwila's Comprehensive Plan land use map and zoning map are required to be consistent. Therefore, any change to the Comprehensive Plan land use map also requires rezone /change in the zoning map. To be eligible for consideration, applications for proposed amendments must be submitted by December 31. Applications are then reviewed during the following year. The amendment process involves two separate reviews by the City Council, and a review by the Planning Commission. There are opportunities for public comment at each stage. Screening: In the first review, the Council holds a public meeting, reviews feedback, and identifies the amendments that will be analyzed and considered in the cycle. The City Council uses adopted criteria in selecting Comp Plan amendments to consider, and forward to the Planning Commission. The decision criteria are the following: Jim Haggerton, Mayor 1 Is the issue already adequately addressed in the Comprehensive Plan? 2 If the issue is not adequately addressed in the Comprehensive Plan, is there a public need for the proposed change? 3. Is the proposed change the best means for meeting the identified public need? 4 Will the proposed change result in a new benefit to the community? 57 INFORMATIONAL MEMO Page 2 After considering the criteria, the Council shall make a motion either to: 1. Refer the proposal to the Planning Commission for review; 2. Modify the proposal and refer it to the Planning Commission; 3. Defer consideration for one year to get additional information; or, 4. Reject the proposal Analysis: City staff and the Planning Commission then analyze the possible amendments that the Council identified in the threshold screening. The Planning Commission holds a hearing, and makes a recommendation Final Action: By the fall of each year, staff submits an ordinance containing the Planning Commission's recommended amendments for the Council to consider. In the case of a map change, a rezone is also required. In this case, two ordinances are prepared, one to amend the Comprehensive Plan map, and one to change the zoning map. Council reviews the staff work, hears from the public, and then considers adoption of the proposals. A final, amended ordinance, adopted by the Council before December 31, adds the selected amendments into the Comprehensive Plan Review Process: The procedure for City Council review is illustrated by Attachment A. Consideration of site specific rezone is a quasi-judicial decision Establishing area -wide zoning is a legislative decision. DISCUSSION: Applications- The requests are described briefly below. Application 1— Wooden LLC., Redesignate two lots from Manufacturing /Industrial Center —Light (MIC /L) and Low Density Residential (LDR) to Office (0) File #L08 -081— Comprehensive Plan Amendment File# L08- 082 Zoning Code Amendment). The applicant Wooden LLC. seeks to amend the Comprehensive Plan and Zoning Map to redesignate two parcels, located in the vicinity of 3914 S. 115 Street, Tukwila, to "Office." One parcel zoned Manufacturing /Industrial Center —Light (M /IC -L) is now being used to store construction equipment. It is adjacent to Duwamish Riverbend Hill Park, and is included in the park's master plan. The second lot, now zoned Low Density Residential (LDR), is vacant. (Attachments B through H) Review Criteria: Per TMC 18.80.060, the Council considers the following criteria in deciding whether to forward the application to the Planning Commission for review: 1 Is the issue already adequately addressed in the Comprehensive Plan? Aspects of the requested change designation are addressed in several goals and policies 58 Rf 2 06/09/2010 H: \COMP PLAN 2009- 20101CC.process.THRESHOLD\CC MEMO -6.9 10- -2010 Public Meeting.doc INFORMATIONAL MEMO Page 3 Tukwila Comprehensive Plan Objective #1 is "To improve and sustain residential neighborhood quality and livability." Goal 7.2 Noise Abatement Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors Goal 7.3 Overall Land Use Pattern —A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses Policy 11.1.6— Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. Rezoning in the vicinity of the Riverbend Hill Park area is addressed in the following: Plan Goal 1.2— "Historic Preservation —A heritage conserved and interpreted so that Tukwila's citizens can be aware of connections with the past." Policy 1.2.5— "Develop and implement plans, projects, and programs to protect and promote the historical legacy of the Green River Valley and its natural and built environment." Goal 1.5 —A riverfront that is accessible, developed, and appreciated as a major amenity of the community and region. 2.If the issue is not adeauatelv addressed in the Comprehensive Plan, is there a need for the proposed chanae? The proposed amendment draws attention to the current MIC /L designation, which may not be the most appropriate for the location i.e. adjacent to a City park, and separated geographically from the remainder of the Manufacturing /Industrial Center. Rezones and Comprehensive Plan changes are exempt from the current moratorium on development in the MIC area. 3.1s the proposed chanae the best means for meetina the identified Dublic need? Changing MIC -L to Office provides a buffer for nearby residential zones. Changing LDR to Office removes potential residential uses, and interjects Office into a residential area. 4, Will the proposed chanae result in a net benefit to the community? The proposed change could benefit the community by allowing a lower- impact office -type use to develop on the site, rather than light manufacturing. However, extending an office -type use into the residential area limits future single family residential activity on the second site. Rf 3 06/09/2010 H: \COMP PLAN 2009 2010 \CC.process.THRESHOLD \CC MEMO -6.9 10 -2010 Public Meeting.doc 59 INFORMATIONAL MEMO Page 4 Application 2— Macadam LLC Development Redesignate property from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) File #L09- 067 Comprehensive Plan File #L 10- 002 Rezone The applicant, Barry Becker, is requesting to redesignate one parcel from Commercial /Light Industrial to Medium Density Residential (MDR) at 4300 S. 133 Street, Tukwila, WA (Parcel 261320- 0131). The majority of the vacant property contains environmentally sensitive areas, including a Type 2 stream, a Type 2 wetland, and their associated buffer areas. It also includes a steep slope with moderate potential for geologic instability. The property is the site of an ongoing code violation for removing vegetation and placing illegal fill in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction to work on the site to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. (Attachments I through L) Per TMC 18.80.060, the Council considers the following criteria in deciding whether to forward an application to the Planning Commission for review: 1. Is the issue already adequately addressed in the Comprehensive Plan? The proposed Comprehensive Plan change /Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. 2.If the issue is not adequately addressed in the Comprehensive Plan. is there a need for the proposed chance? The proposed Comprehensive Plan change would enable the property to be used for housing. The significant amount of wetland, watercourse and buffer limits the lot's usable area. 3. Is the proposed change the best means for meeting the identified public need? The proposed change from CLI to MDR would allow housing to be built. 4. Will the proposed change result in a net benefit to the community? The proposed change will create the opportunity for an increased supply of new housing, but will remove the opportunity for a commercial /light industrial use. Application #3— Tukwila South Annexation Establish Zoning The annexation of the Tukwila South Project Area in 2009 inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map Staff requests that this "housekeeping" matter be corrected through a zoning map change This inconsistency and the need to correct it surfaced after the deadline for submitting Comprehensive Plan amendment /Rezone applications had passed TMC 18 80.020 2 allows 60 Rf 4 06/09/2010 H: \COMP PLAN 2009- 20101CC.process. THRESHOLD \CC MEMO -6.9 10- -2010 Public Meeting.doc INFORMATIONAL MEMO Page 5 an emergency amendment to be filed after the standard application deadline to "Support the social, economic or environmental well -being of the City." In this case, correcting the establishing zoning will permit the City's zoning and Comprehensive Plan to be consistent as required. (Attachments M N) Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included: 1) a development agreement with La Pianta, Inc. setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235). Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use man and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are supposed to be identical. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, an overlay zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic "underlying zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. Issue: The City Attorney has indicated that the Annexation Ordinance 2241) established Tukwila South overlay zone as the applicable zoning for the annexed area. However an overlay is used to establish zoning under certain circumstances, but it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had an underlying zone, but the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map. In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233, Recommendation: Staff recommends the following to correct the inconsistency: Establish "underlying" zoning that is consistent with the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. Rf 5 06/09/2010 H: \COMP PLAN 2009-2010 \CC.process.THRESHOLD\CC MEMO -6.9 10 -2010 Public Meeting.doc 61 INFORMATIONAL MEMO Page 6 RECOMMENDATION After taking public comments on June 28, 2010 at the Committee of the Whole, the Council is being asked to consider each proposal, and decide by motion from among the following at its Regular meeting on July 6, 2010: Refer the proposal as is to the Planning Commission for further review; Modify the proposal and refer to the Planning Commission for further review; Defer consideration until a later time to get more information, Reject the proposal. The decision is not whether to adopt the proposal, but rather whether it should be reviewed in greater detail. ATTACHMENTS A. Chart Comprehensive Plan amendment process B. Requested Zoning Wooden LLC —MIC /L and LDR to 0 C. Aerial Map Wooden LLC —MIC /L and LDR to 0 D. Application Wooden LLC —MIC /L and LDR to O— Comprehensive Plan Amendment (File #L09 -064) E. Application— Wooden LLC —MIC /L and LDR to 0—Rezone (File #L09 -064) F. Letter —Bruce Fletcher G. Comment letter —John Walker H. Comment letter Stanley Hoffman I. Map Requested Zoning— Macadam LLC —C /LI to MDR J. Aerial Map— Macadam LLC —C /LI to MDR K. Application— Macadam LLC— Comprehensive Plan Amendment (File #L09 -067) L. Application— Macadam LLC— Rezone (File #L10 -002) M. Requested Zoning for Tukwila South Annexation Area N. Application Tukwila South Annexation Area Establish zoning (Fite #L10 -035) 62 Rf 6 06/09/2010 H:ICOMP PLAN 2009- 20!01CC.ptocess. THRESHOLD\ CC MEMO -6 9 10- -2010 Public Meeting.doc Attachment A Comprehensive Plan Amendment Process Options for Council Review - Screening Review Actions 63 64 Attachment B Proposed MIC/L to O Proposed LDR to O Plat Map L09-064 Comprehensive Plan Amendment - Manufacturing Industrial Center / Light MIC/L to Office O and Low Density Residential LDR to Office O L09-065 Rezone - Manufacturing Industrial Center / Light MIC/L to Office O and Low Density Residential LDR to Office O Proposed Manufacturing Industrial Center MIC/L to Office O and Low Density Residential LDR to Office O Zoning Lines Wooden LLC 66 L09 -067 Comprehensive Plan amendment Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) j// Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Zoning Lines ATTACHMENT C Macadam LLC e 419' 91 Aerial Photo Map 68 Attachment D Department of Community Development 6300 Southcenter Boulevard, T ;dicwila, WA 98188 Telephone: (205) 431 -3670 F.-1X (206) 431 -3665 E -mail. tukplan @ci.tukNila.wa.as ATTAC62 INT D. FOR STAFF USE ONLY Permits Plus Type: P -CPA COMPREHENSIVE PLAN AMENDMENTS APPLICATION File Number: L09-064 Application Complete (Date: 4/10/10 Project File Number: Application Incomplete (Date: 1/26/10 Other File Numbers: L09-065 Rezone NAME OF PROJECT /DEVELOPMENT: Wooden III LLC (MIC-L and LDR to O) LOCATION OF PROJECT /DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3914 South 115th Street and adjacent Lot parcel 1023049072 and 3351400005 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 1023049072 3351400005 1023049063 DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the owner /applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: Josh Johns or Eric Cobb, E. Cobb Architects Address: 911 Western Avenue #318 Phone: 206-287-0136 Fax: 206-4233-9742 E mail: JJohns@cobbarch.com Signature: Date: 12-17-09 69 70 A. COMPREHENSIVE PLAN DESIGNATION: Existing: 1023049072 MIC/L 3351400005 LDR Proposed: 1023049072 and 3351400005 O Office B. ZONING DESIGNATION: Existing. 1023049072 MIC/L 3351400005 LDR Proposed: 1023049072 and 3351400005 O Office C. LAND USE(S): Existing: Vacant 1023049072 Single family Residence 3351400005 Proposed: Offioce for Both 1023049072 and 3351400005 (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. The Duwamish Hill Park borders the West and North property edge and is currently MIC/L. The property to the East and South across the Duwamish River is LDR Residential. Approximately 1,000 feet to the east two small areas are zoned RCC amd MDR STATE OF WASHINGTON CITY OF TUK WILA Oep ,-r of Community Development 6300 Southcenter 3oulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 E mail: tukDlanaci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. 1 am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, ioto contractors or other representatives the right to enter upon ro P P e jt}_, u Owner's real local d at .3 4l q 5 i i' sT �t V, .k ME oT Tv E WEST P lot ?o�f14312, �3;l4 I QZ, 3 t for the purpose of application review, for thhe limited time necessary to comp e e t purpose. L 5. Owner agrees to hold the'City harniless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at _S $A 1Z z (city), (state), on #0001 Print Name A Address 66l t M- `7,6"0 Phone Number Signature On this day personally appeared before me ru rIark /4") A to me known to be the individual who executed the foregoing instrument and acknowledged that hefeie signed the same as his/> voluntary act and deed for the use and purposes mentioned therein. YZ SUBSCRIBED AND SWORN TO BEFORE ME ON THIS /0 DAY OF Tee.. ,200 .2o'0? NOTARY Pl}$LIC in and NW the State of Washington residing ut aveD 80 ch c) e r d 7 My Cormnission expires on •x/297/21?/ 2., r 71 72 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 90104 206.287 0136 tel 206.233 9742 fax www cebbarch cam PROPOSED COMPREHENSIVE PLAN ADMENDMENT (parcels 1023049072, 3351400005, 1023049063) The proposed rezone and plan amendment involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden ill LLC, currently owns three parcels bordering the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MLC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Parcel C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden III Ilc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal, the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden III would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, if the proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. in lieu of the MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. 73 74 E. Cobb Architects Inc 911 Western Avenue #318 Seattle, WA 98104 206 287 0136 tel 206.233 9742 fax www cobbarch.com We firmly believe that both the City of Tukwila and the Owner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletcher, has reviewed our proposal and has provided a response letter supporting the proposed rezone. A. COMPREHENSIVE PLAN.AMENDMENT CRITERIA (TMC 1 8.80.050) Demonstrate how each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for the proposed change? In recent years Tukwila has acquired and developed Duwamish Hill Park, originally designated MIC /L land. Although the land is still zoned MIC /L the development of the public park has had a significant impact on privately owned Parcel A, B and C. The creation of Duwamish Hill Park separates Parcel C and B from the remaining MIC /L zone essentially making a small island of MIC /L zoning surrounded by Park and Residential land. Creating a small island of MIC /L zoning within Park and residential zoning clearly is not in line with the Comprehensive plan (see response to "An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect" below). The proposed rezone would improve the zoning conflict created by the newly developed Duwamish Hill Park. Why 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 improves an awkward zoning adjacency created by Duwamish Hill Park. The City's land acquisition of Parcel B is the best possible means of meeting the public needs associated with the park, trail and Shoreline planning. While acquiring parcels A and C may also be in the City's best interest, Wooden III Ilc views this as a strong development opportunity. Nonetheless they would be open to this discussion as well. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? In all cases the proposed rezone is a net gain for the community and landowner. A potentially harmful use adjacent to a Park and residential neighborhood will be eliminated. A combined development site zoned (0) Office will provide employment opportunities for the community without the harmful industrial use possible with the existing MIC /L designation. E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206 287 0136 tel 206.233 9742 fax v cobbarch corn The City will acquire a piece of Duwamish waterfront property that would allow for future Shoreline development plans and trail projects. See attached "Existing and Planned Pedestrian and Bike Facilities" The City's acquisition of Parcel B would eliminate possible industrial development along the water way adjacent to the City Park. B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18,80.010) A detailed statement of what is proposed and why; A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; The proposed rezone would eliminate a potential harmful use adjacent to an established residential neighborhood and newly developed Public Park. With the creation of Duwamish Hill Park Parcel C and A became an island of MIC /L separated from the larger MIC zone. The proposed rezone to Office zoning would eliminate potential harmful uses on the site that may create excessive noise and traffic adjacent to the park and residential zone. Similar to the MIC /L zoning the proposed (0) Office would provide opportunities for employment but in a situation much more suited for a park and residential neighborhood. Both the Park and adjacent residential neighborhood would benefit from the proposed rezone. The City's acquisition of Parcel B would also create a continuous section of City owned shoreline that would directly benefit the adjacent Duwamish Hill Park, LDR neighborhood and general public. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) The proposed rezone is clearly in line with a major goal of the Comprehensive Plan, "To improve and sustain residential neighborhood quality and livability." The adjacent City Park is responsible for creating two privately owned island of MIC /L zoning adjacent to park and residential propoerty (parcels C and B). By rezoning the property from MIC /L to Office all potentially harmful industrial uses will be eliminated. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. The existing MIC /L would allow for manufacturing and similar uses that produce a large amount of noise in conflict with TCP Goal 7.2 Noise Abatement, 7.2 2 Discourage nose levels which are incompatible with cjrrent or planned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with .such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. 75 76 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287 0136 tel 206.233.9742 fax www cobbarch.com Rezoning MIC /L to (0) Office would clearly eliminate many potentially disruptive activities and businesses adjacent to the residential zone and Public Park. The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel 8. Parcel B is currently zone MICA_ and could allow for commercial access to the Duwamish River. Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border of the MIC along with the Public Recreation overlay at Duwamish Hill Park. A close examination of the map shows the abnormal zoning condition created by Duwamish Hill Park at Parcel C and B. Parcel C and B are isolated from the remaining MIC zone and no longer serve or benefit the surround zoning. The existing MIC /L zoning for Lot C is inconsistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: This district implements the Manufacturing Industrial Center /Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. Parcel C is currently a small island of MIC /L zoning surrounded by residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive light manufacturing and industrial uses" Tukwila's City Zoning Map currently has multiple conditions where Office zones directly border LDR zoning. However, MIC /L zones rarely border LDR zones because of the obvious conflicts. Our proposal removes these adjacencies. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; The proposed rezone falls in line with the goals of the Washington State Growth Management act: RCW 36.70A.020 Development on Parcel A and C would provide additional services and employment opportunities. E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287 0136 lei 206.233.9742 fax www cobba ch.com (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. A planned office development would provide services and employment opportunities for the adjacent residential neighborhood. (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. An industrial use adjacent to a public park and shoreline environment is an "incompatible use" (8) Natural resource industries. Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses. Eliminating MIC /L zoning would ensure potentially harmful uses would no longer be possible on Parcel C and B. The City's acquisition of Parcel B would protect the shoreline environment and allow for potential shoreline restoration work. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. RCW 36.70A.070 Comprehensive plans Mandatory elements (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed -use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population. The proposed office development would provide employment opportunities to the community while the and redistribution would directly serve the adjacent community. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; Eliminating MIC /L zoning on Parcel C and B will help protect the environment. Providing a development opportunity for an Office use will also serve the economic growth of the region. ED Jurisdictions shall adopt economic development and other policies which will recognize and help protect the environment as a key economic value in the region. Local policies shall seek to achieve an appropriate balance between the needs for economic growth and the need for protecting the environment. Local gor-ernments are encouraged to look for ways to work cooperatively with businesses to help them comply with environmental regulaiions and to develop pol_cies that result in environmental protection through regulatory processes that are understandable and efficient. The existing zoning for Parcel C and B is in conflict with the Countywide plan allowing for industrial land to be in direct contact with a non supporting or incompatible use. 77 78 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287 0136 tel 206.233 9742 fax www cobbarch.com ED -15 Local comprehensive plans should include policies which foster a climate supportive of the siting needs of industrial users and that recognize the important role they play in creating high -wage jobs. Local plans are encouraged to include policies designed to ensure that industrial use of industrial -zone land is not unduly encroached upon or limited by non supporting or incompatible uses. Arguably Parcels C and B are not "sized for manufacturing /industrial uses now that Duwamish Hill Park isolates the parcels from the remainder of the MIC zone. 5. Manufacturing /Industrial Center Criteria LU -52 Each jurisdiction which contains a regional Manufacturing /Industrial Center shall adopt in its comprehensive plan a definition of the Center which specifies the exact geographic boundaries of the Center. Jurisdictions with Manufacturing /Industrial Centers shall have zoning and detailed plans in place to achieve the following goals by the year 2010. a. Preserve and encourage the aggregation of vacant or non manufacturing /industrial land parcels sized for manufacturing /industrial uses; LU -58 Jurisdictions' comprehensive plans for regional Manufacturing /Industrial Parcels C and B have no buffers from the adjacent park and residential neighborhood Centers shall demonstrate compliance with the criteria. In order to promote manufacturing/ industrial growth, the Manufacturing /Industrial Center plan for each jurisdiction shall establish strategies: c. To provide buffers around the Center to reduce conflicts with adjacent land uses; A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; The proposed rezone would not increase 'utility needs relative to the existing MIC /L zoning. The City's Shoreline plan would benefit from the acquisition of Parcel B. Proposed Shoreline restoration and trail projects would be feasible with a continuous City owned shoreline. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; No capitol improvements will be necessary for the proposed rezone. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. Zoning Code map Amendment to reflect the proposed (0) Office zoning on Parcel A and C. Planner: Signature: CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail. tukplan @ci.tukwila.wa.us I File Number: Date: APPLICATION FOR STAFF USE ONLY Permits Plus Type: Application Complete (Date: Application Incomplete (Date: 1 147 /0 Project File Number: 1 Other File Numbers: NAME OF PROJECT /DEVELOPMENT: Wooden III LLC MIC/L and LDR to O LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3914 South 115th Street and Vacant Lot to the West LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement) 1023049072 3351400005 1023049063 ATTACHMENT E ZONING CODE AMENDMENTS DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: Josh Johns or Eric Cobb E. Cobb Architects Address: 911 Western Avenue #318 Seattle WA Phone 206-287-0136 Email jjohns@cobbarch.com 80 A. COMPREHENSIVE PLAN DESIGNATION: Existing: o Z Soy ci 077 /Vi 1 /L.. 3 3 S I-I DODO Proposed: l0 30 c.1 9072 -t 33 l GbO oS O O FF I GE B. ZONING DESIGNATION: Existing: 102 Soy V612 M t L /L 3 3 S oaooS —ZD(Z Proposed: 10.3e g072 X 35) i-/ 000o 5 0. «-E C. LAND USE(S): Existing: /0 z36 4l.107Z Vr4-C.AN 1 336 60005 51M6LE Pf4MILY H bM Proposed: d FF t LE Ft,R i3oTFt 102.30 t-( T 072 t 3 35 1 0000S (for proposed changes in land use designations or rezones) E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287 0136 tel 206.233.9742 fax www cobbarch.com PROPOSED REZONE SUMMARY: (parcels 1023049072, 3351400005, 1023049063) The proposed rezone involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden III LLC, currently owns three parcels near the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MIC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Parcel C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden III Ilc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal, the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden 111 would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, if the proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. In lieu of the MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. 81 82 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287 0136 tel 206.233.9742 fax www cobbarch.com We firmly believe that both the City of Tukwila and the Owner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletcher, has reviewed our proposal and has provided a response letter supporting the proposed rezone. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: 1. That the proposed amendment to the zoning map is consistent with the goals. objectives, and policies of the comprehensive plan; The proposed rezone is aligned with a primary goal of the Comprehensive Plan: "To improve and sustain residential neighborhood quality and livability." By rezoning the property from MIC /L to Office many potential harmful uses will no longer be allowed adjacent to existing homes. In addition the donation of Parcel B will allow Tukwila to implement shoreline trails and restoration plans that would directly benefit the adjacent residential neighborhood. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. The existing MIC /L could create a significant noise conflict with the adjacent park and residential neighborhood. Rezoning to (0) Office would mitigate this potential noise disturbance. TCP Goal 7.2 Noise Abatement states, 7.2.2 Discourage nose levels which are incompatible with current or planned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. Rezoning MIC /L to (0) Office would eliminate many potentially disruptive activities and businesses adjacent to the residential zone. The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel B along the Duwamish River, Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287 0136 tel 206.233.9742 fax www.cobbarch.com 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border of the MIC along with the Public Recreation overlay. A close examination of the map shows the abnormal zoning condition created by Duwamish Hill Park. Parcel C is isolated from the remaining MIC zone and no longer serves or benefits the surround MIC zone. 2. That 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; The existing MIC /L zoning for Lot C is not consistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: This district implements the Manufacturing industrial Center /Light industrial Comprehensive Plan designation. it is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. Parcel C is currently a small island of MIC /L zoning surrounded by residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive Tight manufacturing and industrial uses" The proposed (0) Office designation for parcel C and A will serve and support the residential neighborhood. Tukwila's City Zoning Map currently has multiple conditions where Office zones directly border LDR zone. However, MiC /L zones rarely border LDR zones because of the obvious conflicts. Our proposal removes these potential conflicts. 3. That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map and The adjacent parcel 1023049057 (Park) was originally zoned MIC /L. Along with adjacent parcels this created a very large multi acre industrial area along the Duwamish River. Although the property has not been formally rezoned, parcel 1023049057 is now Duwamish Hill Park owned by the City of Tukwila. Converting parcel 1023049057 to Public Park isolated parcel C and B creating two islands of MIC/L zoning. The proposed rezone will eliminate the potential adverse impacts of MIC /L development at this juncture between the newly developed park and the adjacent residential neighborhood. 4. That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and 83 84 E. Cobb Architects Inc 911 Western Avenue #318 Seattle, WA 98104 206.287.0136 tel 206.233 9742 fax www cobbarch.com general welfare. and will not adversely affect the surrounding neighborhood, nor be incurious to other properties in the vicinity in which the subject property is located. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) will be removed from the southeast corner of the Park. 2. In lieu of the MIC /L "island" parcel, two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. a. Tukwila's Walk and Roll program has developed a master plan to provide future sidewalks along Parcel C &A. Clearly the future sidewalks and pedestrian plan would be better served by an Office zoning compared to the purpose of the MIC /L zone which may include large trucks and delivery traffic. "MIC /L" "It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries." 3. Tukwila would gain parcel B along the Duwamish for restoration and possible trail development. Tukwila's trail and shoreline restoration plans are currently interrupted by Wooden III Ilc's "island" of private ownership along the Duwamish waterfront. a. Per Tukwila's Walk and Roll program a trail has already been proposed crossing Parcel B (see attached map from Tukwila's Walk and Roll program) b. The Duwamish Hill master plan originally designed by Jones and Jones Architects shows a potential shoreline restoration and beach access along S. 115 St that would include Parcel B The proposed rezone will eliminate adverse industrial impacts to the Park and adjacent residential zone while expanding the public lands that will be critical in future public development projects. December 22, 2009 Josh Johns E. Cobb Architects 911 Western Avenue #318 Seattle, WA 98104 Dear Mr. Johns, ATTACHMENT F I agree with your assumptions that by rezoning two parcels (335140005 and 1023049072) to Office zone would benefit the City of Tukwila's shoreline and the Duwamish Riverbend Park property. The Tukwila Parks system would also benefit with the donation of the riverfront property (1023049063). It is my suggestion to schedule a meeting with myself and the Directors of Public Works and Department of Community Development to further investigate the proposed zoning change and land donation. Please feel free to contact me at (206)767 -2343 if I can be of further assistance Sincerely, Q0L-- Bruce Fletcher, Director Tukwila Parks and Recreation Department 12424 4z A venue South Tukwila, WA 98168 (zo6) 767 -2342 bruce @ci.tukwila.wa.us 85 86 To:City of Tukwila Depat 'Anent of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, Wa. 98188 4 2477C ATTACHMENT G T am here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 115 Street. To whom it may concem: I am wondering why we need an office space zoning in an area mostly residential, when there is a glut of empty office space in areas that are alredy in an office space zoning. I am particularly affected as the parcels in question are right across the river from me and this would change my view from an almost pristine view to an office building looking down into my river property. On top of that, a park {Tukwila Riverbend Park} is right next to the parcel and office space does not lend itself to the local environment layout. Another concern: The sewer, I believe, hasn't reached the parcel in question and it falls dangerously close to the buffer zone cr4eated by the Shoreline Mast3er Program proposal. Please don't mar our view on the river and add office space potential where it isn't needed or wanted. John Swan 3914 South 117 Street Tukwila, Wa. 98168 RECEIVED CITY OF TiJKWltA NAY 06 2010 PERMIT Stanley G Hoffman 3924 South 114th Street Tukwila, WA 981 68 -1 91 3 206 763 -1712 Sirs: ATTACHMENT 11 DCD Rebecca Fox 6300 Southcenter Blvd Tukwila, WA 98188 I am writing in opposition on the zoning change of the property located at South 115th Street and 40th Avenue South. The Health of Walker Hill The Hill is correctly named Walker Hill in most plot and geological maps. The area is commonly called `Poverty Hill'. This name is used by all, but this name is used for a historically residential area. This area has seen little change. It is only in the last year that to the west of the property the historical house that served as a store to the original settlers of this valley was demolished and replaced by containers that have been wired with temporary service poles and served with portable toilets. Hardly a development worthy for any neighborhood. The new park opening signals to all who pass on South 115th Street the changes that are uplifting Walker Hill. We have seen many properties remodeled, some to be sold to folks eager to join a community that is centered on the services and employment of the Greater Seattle Metropolitan Area. We know that the `Old AG' warehouse is a development site that will greatly improve the area, perhaps including a light rail station. My thinking is that the health of Walker Hill will be harmed by a development that is not residential. The county would entertain the permit process for septic tanks for a residential project. Water and power is available. The property is developable as a residential project. I wish to point out that perhaps some property owners of Walker Hill may have thoughts of using their future appreciation values of their holding. How can this best be served? i point to the `AG' property and the vast plan unveiled by the Segale Family. These projects have ample space and plans for office buildings, they do not need residential property for office space. What they will need is housing for the new employees to serve these r My thought is the office project will not 1 t,,ese projects. My ti iv� it is �l ie of�ICe F ,roj�Ct will �vt provide value to residential property owners; indeed, this office project will detract from this homogeneous believe the `ducks are now in a row' and I think it is time for the zoning board to support the residential nature of our community and the property owners investments. 87 88 Proposed CL /I to MDR LDR CD W L09 -067 Comprehensive Plan amendment Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) j Commercial /Light Industrial (C /LI) to i Medium Density Residential (MDR) Zoning Lines ATTACHMENT I Macadam LLC 111=400' 90 L09 -067 Comprehensive Plan amendment Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Zoning Lines ATTACHMENT J Macadam LLC 1 m 419 91 92 APPLICATION Planner: Rebecca Fox Application Complete (Date: 515'10 Application Incomplete (Date: j 12511 NAME OF PROJECT/DEVELOPMENT: Macadam LLC Development RFA 08-342 PA Planning Forms\ Applications \ZoneChng- 6- 06.doc CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 9818& Telephone (206) 431 -3670 FAX (206) 431 -3665 E-mail: tukplan@atukwila.wa.us FOR STAFF USE ONLY Permits Plus Type: P -ZCA LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 4300 South 133rd Street and 13136 Macadam Road South Corner of 44th Avenue South and South 133rd Street LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 261320-0131 Lot B Wetland 1.76 acres 734060-0722 324E Lot A Buffer 41,850 square feet 0.96 acres ATTACHMENT K ZONING CODE AMENDMENTS File Number: L10-002 Project File Number: I Other File Numbers: L09-067I DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: Barry Becker Address: 4446 South 131st Place, Tukwila WA Phone: 206-246-4883 Signature: Date: 7 2—r Z.S' December 4, 2006 93 STATE OF WASHINGTON CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tuknlan @ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4 Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City 6. Non responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at (city), (state), on 20 Print Name Address Phone Number Signature On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF 20 NOTARY PUBLIC in and for the State of Washington on P \Plannin Forms Applications ZoneChng-6-06.dec December 4, 2006 residing at My COmmissiOrt expires ZONING CODE AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; (2) That 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; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and (4) That 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 neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. P \Planning Forms\ Applications\ ZoneChng-6-06.doc December 4, 2006 95 Zone Amendment Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 12 -28 -09 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133 St (tax Parcel 26 -13 -20 -0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel 734060 -0722) in Tukwila Washington. A) Zone Amendment Criteria 1) This Requested Zone change is consistent with the Comprehensive plan policies in that we will be providing a less environmentally impacting project that is closer in adjacent contiguous use that is residential. 2) The title and description of the zone map changes are consistent with the zone use classification requested that shall be medium density residential which will complement and enhance the adjacent Low density residential directly to the west. 3) There are nuances to and changed conditions of zoning layout that cannot be fully understood at initial time of designation. For example, the newer Sensitive Area Ordinance and environmental setbacks and property development restrictions now change how this property can be accessed and developed. In the past we could develop buildings in the wetland area and put roads and bridge across streams without much restriction. With the new wetland restrictions and Buffer requirements, the area remaining for Commercial Industrial use is cut off from the Industrial to the East. Therefore in order to use as currently Zoned we would need to provide Commercial industrial traffic through the residential neighborhood and LDR on the upper half of site. 4) This proposed Zone change will be in the best interest and welfare of the public safety by providing a lower impact use. The development will also provide inward focused community and neighborhood building design layout that will promote safety and prowler visibility. This will also build and light previous vacant lot area that will make it more safe. 96 1 A Portion of the NW 1/4 of the NE 1/4 Section 15 Township 23 N R4E WM Vicinity Map Legal Description Parcel A 734060-0722 Parcel B 26-13-20-0130 Macadam LLC Concept Site Plan Topographic Survey Map by Barry Becker Aspen Land Surveying LLC Legal Description Parcel A Parcel B APPLICATION Planner: IebC'Ce-• <u x Application Complete (Date: 515/ io Application Incomplete (Date: 1125110 NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3o S._ /33RD 57 iii rater. c S r/ S l ?,?,ev s/- LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: r i -a.a `J ��k�'.a_ Address: Phone: a.n.),C, 3 FAX: 0.--4) 41(-; ..—U C) .c Pp" J ?4" tO f 400 Signature: Date: P \Planning Forms \Applications \ZoneChng- 6- 06.doc CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188. Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@atukwila.wa.us FOR STAFF USE ONLY Permits Plus Type: P -ZCA File Number: Project File Number: Other File Numbers: ATTACHMENT L ZONING CODE AMENDMENTS 1 i- ©q L-1v -QOz, (pe -t pt'l (rL'n g- FA- 0 6 2 07 L..o q -©lLf- (L-v r 6' LitvLb. J, 7G �c 4 --'e -t December 4, 2006 9 9 STATE OF WASHINGTON CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E mail: tukvlan @ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3 The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any Loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non- responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 1 1': Panning Forms Applica Hons \ZoneChng- 6- 06.doc (city), (state), on 20 Print Name Address Phone Number Signature DAY OF 20 NOTARY PUBLIC in and for the State of Washington on residing at My Commission expires December 4, 2006 ZONING CODE AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; (2) That 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; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and (4) That 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 neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. P \Planning Forms Applications \ZoneChng- 6- 06.doc December 4, 2006 101 Zone Amendment Criteria City of Tukwila 6300 Southeenter Blvd. Suite 100 Tukwila, lAira 98188 12 -28 -09 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133 St (tax Parcel 26 -13 -20 -0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel 734060 -0722) in Tukwila Washington. A) Zone Amendment Criteria 1) This Requested Zone change is consistent with the Comprehensive plan policies in that we will be providing a less environmentally impacting project that is closer in adjacent contiguous use that is residential. 2) The title and description of the zone map changes are consistent with the zone use classification requested that shall be medium density residential which will complement and enhance the adjacent Low density residential directly to the west. 3) There are nuances to and changed conditions of zoning layout that cannot be fully understood at initial time of designation. For example, the newer Sensitive Area Ordinance and environmental setbacks and property development restrictions now change how this property can be accessed and developed. In the past we could develop buildings in the wetland area and put roads and bridge across streams without much restriction. With the new wetland restrictions and Buffer requirements, the area remaining for Commercial Industrial use is cut off from the Industrial to the East. Therefore in order to use as currently Zoned we would need to provide Commercial industrial traffic through the residential neighborhood and LDR on the upper half of site. 4) This proposed Zone change will be in the best interest and welfare of the public safety by providing a lower impact use. The development will also provide inward focused community and neighborhood building design Iayout that will promote safety and prowler visibility. This will also build and light previous vacant lot area that will make it more safe. 102 1 OA' 0 :4 0 Z U.1 -6rz) Wid'e,ce;r1 OCA ,\21. ii4Vc771/19A0 4011 14%416\419411/4 1 -.4. ,Wi %13.t..). ss ...)...).s... ,1,,s 1 ta ist gs' 1 G.I. 6 'a VIA--rgt-'3 tS2.40„ u .•'`.2 3 ,3-§1:— P. aol t,:e o A.: t., F t44 f: il 16=12. g-L—..1. -1. a,s- ileM. 1 a 4 310,0 rso :48 ^a+dbo Se Cg ON reo U c mO4,° y o N C7 m 4Voo, U 8244 1, g t i y 4 1 k U 6..� 4 �W 1 4 e.... e fi vha.on. ��O O 4 0 4 Gj '':+:444'0"Q h U� OO 5 m C. 4 y U N V m .0 el W C O 4" L Uro C .0.K"' 4�QO :Z 4 o m o o °m f7 S 4 N 2 f �j i 0 4 g V Z h 2 toe, 82x18 84 (rsa) :71 t° 414 i >ar� i iCr 40S+3 377 2117Ia ins Put.7 tradsv =zzi F It O ti n h rg A o 231.25' 1 N 77+2 W ti°°0a3 =y�069•_ °l PF :N 7D'< N' 157.19 43rd Avenue S. !M acadam k oad 5. }g r 1 4 s ;nk t1' 9 1 y Amt .s oorr 1118` •venr arty'-.-... i ez -rr- x r •a,ad r I i J Establish Tukwila South Annexation Area Zoning Map Overlays and Sub Areas Tukwial South Overlay District Attachment M 106 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, West 98188 Telephone: (206) -131 -3670 FAX (206) 431 -3665 E -mail. tukplan@ci.tukwila.wa.us ATTACHMENT N APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -ZCA Planner: Rebecca Fox File Number: L10 -035 Application Complete (Date: 6/8/10 I Project File Number: Application Incomplete (Date: I Other File Numbers: ZONING CODE AMENDMENTS NAME OF PROJECT/DEVELOPMENT: ESTABLISH ZONING FOR TUKWILA SOUTH ANNEXATION AREA LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. Tukwila South Annexation Area Approximately 259 acres generally located south South l88 Street on the north; South 204 Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east.) LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement) PARCEL 352304 -9050, PARCEL #352305 -9078, PARCEL #352304 -9041, PARCEL #352304 -9117, PARCEL #022204 -9037, PARCEL 022204 -9040, 022204 -9033, #352304 -9016, #022204 -9008, #352304 -9066, #352304- 9065, #022204 -9043, #022204 -9057, #032204 -9047, #032204 -9106, #023900 -0352, #032204 -9100, #032204- 9106, #032204 -9006, #032204 -9090, #022204 -9011, #022204 -9015, #032204 -9092, #032204 -9093, #032204- 9056, #032204 -9052, #022204 -9036, #022204- 9061 DEVELOPMENT COORDINATOR The individual who: s has decision making authority on behalf of the applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and H: \COMP PLAN 2009 2010 \Tukwila South \Tukwila. South. Annexation .Area.Rezone.application.doc 107 is the primary contact with the City, to whom all notices and reports will be sent. Name: Rebecca Fox, Senior Planner Address: City of Tukwila, 6300 Southcenter Boulevard, Tukwila, `VA 98188 Phone: 206 -431 -3683 FAX: 206 431 -3665 E -mail: rfox @ci.tukwila.wa.us Signature: Date: 6/7/10 108 H: \COMP PLAN 2009- 2010 \Tukwila South \Tukwila. South. Annexation .Area.Rezone.application.doc A. COMPREHENSIVE PLAN DESIGNATION: Existing: Tukwila Valley South (TVS), Low Density Residential (LDR), Mixed Use Office (MUO) Proposed: (No change. Same as above.) B. ZONING DESIGNATION: Existing: No underlying zoning at present. Proposed: Tukwila Valley South (TVS), Low Density Residential (LDR), Mixed Use Office (MUO) as consistent with Comprehensive Plan designation C. LAND USE(S): Existing: _Varies Proposed: _Urban Mixed Use Development, including campus -type research and office environments and districts H: \COMP PLAN 2009 2010 \Tukwila South \Tukwila. South. Annexation .Area.Rezone.application.doc 109 110 ZONING CODE AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; The proposed rezone establishes zoning in the Tukwila South Annexation Area that was annexed to the City of Tukwila without underlying zoning. This action makes underlying zoning in the Tukwila South Annexation Area consistent with established Comprehensive Plan designations in the same area. (2) That 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; The proposed amendment to the zoning map establishes zoning in an area that was annexed without underlying zoning, and makes the zoning consistent with established Comprehensive Plan designations. Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41) Current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). H: \COMP PLAN 2009- 2010 \Tukwila South \Tukwila.South. Annexation .Area.Rezone.application.doc 111 112 (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included. 1) a development agreement with La Pianta, Inc. setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235) Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Annexation Ordinance 2241) established the Tukwila South Overlay district as the applicable zoning for the annexed area. However, although an overlay is used to establish zoning under certain circumstances, it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. The Tukwila South Overlay district applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had an underlying zone while the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233. Zoning, consistent with the existing Comprehensive Plan designations, is required, and must be established. and 4) That 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 neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. The Zoning map and Comprehensive Land Use Plan map must be consistent. This map change makes underlying zoning for recently annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area. H: \COMP PLAN 2009-2010 Tukwila South \Tukwila. South. Annexation .Area.Rezone.applicahon.doc Community Affairs Parks Committee Minutes June 14. 2010 Pane 3 There will be a shift from the use of pole /pylon signs to monument signs. No new additional freeway interchange signs will be approved (allows for a five-year face /copy change to existing signs after which sign can remain indefinitely with no changes); however, grand monument signs will be allowed. Creation of a Master Sign Program, geared to larger properties /developments (at least 15 acres and 200,000 square feet of building) encouraging a voluntary process working directly with City staff for a signage plan tailored to the site Signs which are non conforming to the new Code will be afforded a 10 -year grace period for compliance. During the grace period face /copy changes can be made to the sign, and the sign can remain indefinitely after the grace penod with no further changes to the face /copy. When there is a change to the face /copy after the grace period, the sign must be brought into compliance with the new Code. The new Code strives to remove billboards from the Tukwila International Boulevard corridor. Committee Member Hernandez asked for clarity on digital (electronic) versus dynamic signage. Brandon Miles explained that on a digital sign, an electronic image appears, holds for a set amount of time, goes away and then a new image appears. Although digital billboards are allowable in receiving areas under the new Code, in order for this to happen, an applicant must secure removal of a number of existing billboards. In contrast, a dynamic sign is any sign that incorporates physical movement of the sign, but may not necessarily incorporate electronic images. Any entity that meets the definition of institutional use may use a digital signage (i.e.: school, community center, fire department, church). Mr. Miles also commented that staff would be working on clarifying the definition of banner. Members of the public were in attendance at the Committee meeting. Mr. Bob Schofield, a local property owner and developer, distributed copies of property pictures and a property site plan, and explained his view on how the Code negatively impacts small businesses. Committee Chair Duffle thanked Mr. Schofield for his input on the draft Code. He explained that, at the Committee level, citizen comments, as well as handouts provided by citizens are not entered into an official Council record. Mr Scholfield was encouraged by Committee Members to re- express his concerns at the June 28 Public Hearing on this issue. At that time, his comments as well as any handouts will be given to the City Clerk's Office and entered into the record. Mr. Schofield's additional concerns included that the Sign Code Advisory Committee was not representative of small business owners, and that information provided at tonight's Community Affairs Parks Committee meeting was incorrect. He stated that he does not want the new Sign Code to move forward to the Council, he wants to work with City staff on small business issues, and that he has new information from that which he previously shared with the Planning Commission. Committee Member Hernandez commented that she does not want to see small businesses suffer a severe impact from requirements imposed by a new Code, and that it will be important for the Council to address policy issues in the new Code that impact small businesses. Mr Miles offered to meet with Mr. Schofield to discuss how the draft ordinance impacts his properties. Any substantive changes that he may request would need to be decided upon by the City Council. Due to the magnitude of this issue and the importance of a full Council discussion on the item, the Committee deferred making a recommendation. NO COMMITTEE RECOMMENDATION. FORWARD TO JUNE 28 COW FOR PUBLIC HEARING AND COUNCIL DISCUSSION. E. Comnrehensive Plan Amendments Staff is seeking full Council deteinnnation of whether or not to forward the proposed 2010 Comprehensive Plan Amendments to the Planning Commission for further consideration, review and public heanng. Staff summanzed and provided a brief overview of the Comprehensive Plan Amendments annual review process. Three applications (two public, one City) have been submitted for the City's consideration as described below: 113 114 Community Affairs Parks Committee Minutes June 14, 2010 Pace 4 An application to redesignate two lots /properties located in the vicinity of 3914 South 115 Street from Manufacturing /Industrial Center Light (MIC /L) and Low Density Residential (LDR) to Office (0). An application to redesignate (down -zone) one property located at 4300 South 133r Street from Commercial/Light Industrial (C /LI) to Medium Density Residential £MDR. Emergency application from the City to establish underlying zoning for the Tukwila South Annexation area (applicant is aware of need for underlying zone, and has no issues) UNANIMOUS APPROVAL FOR ALL APPLICATIONS. FORWARD TO JUNE 28 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 6:44 p.m. Next meeting: Monday, June 28, 2010 5.00 p.m. Conference Room #3 Committee Chair Approval Mit .rtes by KAM. Reviewed by SL.