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HomeMy WebLinkAboutCOW 2010-09-13 Item 3B - Public Hearing - 2010 Comprehensive Plan AmendmentsCAS NUMBER: 10-100 COUNCIL AGENDA SYNOPSIS Initials Meetznq Date 1 Prepared by 1 Mayor's review 1 Council review 09/13/10 1 RF 1 I 09/20/10 1 RF 1 1 ITEM INFORMATION 1 ORIGINAL AGENDA DATE: SEPTEMBER 13, 2010 ITEM NO. AGENDA ITr?M TPTLE Annual Comprehensive Plan /Zoning amendments for 2010 Public Hearing CATF,GoRY Discussion ['Motion Resolution Ordinance Bid Award Public Hearing 1 Other Mt Date 9/13/10 Mtg Date Mtg Date Mtg Date 9/20/10 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Tukwila considers amending its Comprehensive Plan /Zoning map once per year, with a SUMMARY review process involving the City Council and Planning Commission, including opportunities for public comment at each step. A public hearing is scheduled on September 13, 2010 to receive comments on three recommendations from the Planning Commission. Following the hearing, the City Council will take final action on 9/20/10 on whether to approve, modify or deny the applications for 2010. RI ?\'II'sWE I) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 08/23/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Forward to Committee of the Whole for hearing COST IMPACT FUND SOURCE Fund Source: Comments. 1 MTG. DATE 09/13/10 EXPENDITURE REQUIRED $0.00 AMOUNT BUDGETED $0.00 RECORD OF COUNCIL ACTION Mtg Date Mtg Date APPROPRIATION REQUIRED $0.00 MTG. DATE I ATTACHMENTS 09/13/10 1 Informational memorandum dated 8/16/10, with attachments /draft ordinances Minutes from the Community Affairs and Parks Committee meeting of 8/23/10 10 City of Tukwila Department of Community Developinent Jack Pace, Director INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace DATE: August 16, 2010 SUBJECT: 2010 Comprehensive Plan Amendments and Rezones TO: ISSUE Jim Haggerton, Mayor The Washington Growth Management Act allows a jurisdiction's Comprehensive Plan to be amended once each year, except in case of emergency. This memo provides information on the Planning Commission's recommendations for two Comprehensive Plan amendments and three rezones under review this year. It requests that the amendments are forwarded to the City Council for a briefing, public hearing and action. BACKGROUND Process to date: The City Council took comments from the public at a public meeting on June 28, 2010 and took action on July 6, 2010 to forward the Comprehensive Plan amendments to the Planning Commission for staff review, public hearing and recommendation. After holding a hearing on July 22, 2010, the Planning Commission made recommendations, and is forwarding the issues back the City Council for a last public hearing and final action. After taking comments from the public at a hearing, the Council may: Adopt a proposed amendment by ordinance; Adopt a modified version of a proposed amendment by ordinance; or Reject the amendment. Consideration of a site specific map amendment is a quasi-judicial decision. Consideration of an area -wide zoning map change is a legislative decision. At each stage in the review process, staff has tried to encourage public involvement. Public meetings and hearings were advertised in the newspaper, and put on the City's website. Individual sites were posted with notices of applications and meetings. Staff met statutory notification requirements in providing mailings to owners and occupants within 500' of the proposed map and zoning changes. rf Page 1 of 7 H: \COMP PLAN 2009 2010 \CC.Hearing Final. Action-- 9.10\CAP\M.edits 8. r uT n9 /Qs?. 08/18/2010 11 DL 11),‹ %2 -7 211A-_121_3KAS Organization of Informational Materials Exhibits 1 -6 provide basic information to accompany the informational memo. Attachments 1 -3 include complete planning Commission staff reports, and draft ordinances that reflect the Planning Commission recommendations for each of the Comprehensive Plan amendment/Zoning code amendment requests respectively. DISCUSSION 1. Wooden LLC Amend Comprehensive Plan /Zoning Map on two parcels, including: 1) Manufacturing Industrial Center/Light to Office; and, 2) Low Density Residential (LDR) to Office The applicant, Wooden LLC, requested to redesignate two parcels, including: 1) Manufacturing Industrial Center —Light (MIC /L) to Office (0) at 3912 S. 115 and, 2) Low Density Residential (LDR) to Office at 3914 S. 115 The parcels are located generally at the southeast corner of the Duwamish Riverbend Hill park property. The parcel that is currently zoned LDR is vacant. The parcel zoned MIC /L is now used as a construction storage yard. The applicant offered to donate a third, small parcel across S. 116 on the river. This is not part of the Comprehensive Plan amendment/rezone consideration. (Exhibit 1, pp 1 &2) (Exhibits 2 3) File #L09- 064 Comprehensive Plan Amendment File #L09- 065 Rezone The applicant requested Office designation in order to construct an office or similar development on two parcels. Applicant's reasons for the rezone request were: a) The site is more developable if combined with the adjacent lot; b) Uses that are allowed in the proposed Office zone, such as office or gallery, would provide a transition with fewer impacts to the residential neighborhood than uses, such as manufacturing and auto repair,that could be built under the current the MIC /L zoning; c) It is more economical to build a three story building and the maximum building height in the proposed Office zone is 35'/3 stories, compared with the existing 45'/4 stories in the MIC /L lot, and 30'in the LDR lot. There were concerns raised at the public hearing related to parking and access. Future development would be required to provide parking on site, and access would be limited via S. 115 rather than through the adjacent residential neighborhood. (Attachment 1) Planning Commission Recommendation Comprehensive Plan (File L09 -064) The Planning Commission voted to deny the request to redesignate two parcels from Manufacturing /Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) Planning Commission Recommendation Rezone (File# L09 -065) The Planning Commission voted to deny the request to rezone two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) 12 rf 2 •ur nnnn nntn,nn rr,.__:_- r.:_..i n,.a:..- n 1f1\!'A D \T.f o.i4n Q 1'7 1 08/18/2010 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. (Attachment 2 A) The property in question is immediately adjacent to a lot that is designated LDR, and that contains a single family residence. The subject property is vacant except for a garage that serves the single family home on the adjoining lot. The redesignation is sought in order to allow housing, rather than commercial /light industrial uses to be built adjacent to a Low Density Residential zone. Given the many environmentally sensitive areas on the site, housing is considered to be a more appropriate use than commercial or light industrial activities. Medium density residential would provide a better transition to the adjacent low density residential area, than the current commercial and light industrial uses that could be built under the current zoning. Medium Density residential allows up to 14.5 units per acre. In light of the site's streams, wetlands and slopes, it is likely that a maximum of five units could be built on the property, either as town homes or duplex, triplex or four -plex. If desired, a planned residential development could be built on the site in order to encourage imaginative site design by clustering homes, and to create open space in the future development that keeps features of the natural environment for the enjoyment of future residents. The property is the site of an ongoing code violation for removing vegetation and placing illegal fill in the stream buffer, and wetland buffer. The applicant applied for and has received a 50% buffer reduction that allows him to perform the required work on the site to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation, increase developable space on the site, and improve the wetland buffer. 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 decision, and to proceed with consideration of the Comprehensive Plan amendment and rezone. Future multi family development would be subject to design review, traffic impact and noise review. Planning Commission Recommendation Comprehensive Plan (File L09 -067) The Planning Commission voted to approve the request to redesignate a parcel from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File L09 -014) shall be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. rf 2. Macadam LLC— Redesignate parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) File #L09- 067 Comprehensive Plan File #L10-002----Rezone 3 08/18/2010 13 2) In the event that the rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial /Light Industrial without further legislative action. A draft ordinance adopting the Comprehensive Plan map change per the Planning Commission's recommendation is included as Attachment 2 B Planning Commission Recommendation Rezone (File# L10 -002) The Planning Commission voted to approve the request to rezone the parcel from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) as a contract rezone with the following conditions: 1. All requirements of the following contract rezone must be met including: All code violation issues, including the conditions outlined in the Special Permission Director (File L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. c. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 2 C. Tukwila South Annexation Establish Zoning for Recently- Annexed Area File #L10- 035— Zoning Issue: Annexing portions of the Tukwila South Project Area inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. The recommended zoning change corrects the issue. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. 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 described 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. Reauirement for consistency between Comprehensive Plan land use man and zoning man: Tukwila's Comprehensive Plan land use map and its zoning map are required to be consistent. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will also specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, a supplemental, "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. (Attachment 3 A) 14 rf 4 08/18/2010 When the southernmost part of the Tukwila South Project Area was annexed to Tukwila, the Tukwila South Overlay zone became the applicable zoning for the annexed area. However while the Tukwila South Overlay supplements zoning under certain circumstances, it does not replace the underlying zoning. When the Tukwila South Project Area was annexed, the Comprehensive Plan designation was already in place, but identical 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 Comprehensive Plan designation and zoning, but the new annexation area had only Comprehensive Plan designation, and no underlying zoning. In addition, the new annexation area could be left without zoning in the event that the Tukwila South Development Agreement terminates before its term. The proposed amendment to the zoning map corrects the problem, by establishing zoning in the area that was annexed without underlying zoning, and making the new zoning consistent with Comprehensive Plan designations that were in place before the annexation occurred. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are the same, including: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). Plannine Commission Recommendation :--Rezone (File #L10 -034) Establish "underlying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 3 B. RECOMMENDATION The City Council is being asked to hold a public hearing on these items at the September 13, 2010 Committee of the Whole meeting, and to take action at the subsequent September 20, 2010 Regular Meeting. ATTACHMENTS Exhibits: 1.Planning Commission Minutes (draft) 7/22/10 2.Zoning Map Wooden LLC 3.Aerial Map Wooden LLC 4.Zoning Map Macadam LLC 5.Aerial Map Macadam LLC 6.Zoning Map Tukwila South Annexation Area Attachments: 1. #L09 -064and #L09- 065— Manufacturing Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) a. Planning Commission Staff Report (7/22/10) rf 08/18/2010 15 rf 16 2. #L09 -067 and #L10- 002 Macadam LLC— Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance— Comprehensive Plan c. Draft Ordinance Zoning 3. #L10- 035— Establish Zoning in Tukwila South Annexation Area a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance Zoning 08/18/2010 The public hearing was called to order by Chair Arthur at 6:30 PM. Present: Chair, Bill Arthur; Vice Chair, Margaret Bratcher; Commissioners, George Malina, Lynn Peterson, Brooke Alford, Thomas McLeod, and Louise Strander Representing City Staff: Chair Arthur noted that there was no one in the audience to testify,da id that stafF vas not present to give the presentation. COMMISSIONER MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM JUNE 24, 2010. COMMISSIONER;BRATCHER SECONDED TIMOTION. THE MOTION WAS UNANIMOUSLY APPROVED: Staff noted that the public heanng notice that was mailed out1isted,a_past meeting start time of7:00 PM instead of 6:30 PM Staff also noted that the applicants were expected_ at 7:00 PM, and requested that Case Number L10 -034 be heard first on the-agenda. Chair Arthur recused himself from hearmg~Qas Number L10 -034, at 6 :4 _PM, because he is employed by the developer of the Tukwila South annexation area'rogect. FILE NUMBER: I;10 -43 APPLICANT: REQUEST: LOCATION: Minnie Dhaliwal, Rebecca Fox, and Wynetta Bivens PLANNING COMMISSION (PC) PUBLIC HEARING MINUTES JULY 22, 2010 Chair Pro -Tem Bratcher opened the public hearing for Case Number.L_1:0 -034. Exhibit 1 City of TtiTaila Establish 4111ing consistent with-Comprehensive Plan designations in the `aikwila South annexation area iproxiiriate yd259 acres, generally located between: South 188 Street on the north tiuth 2o4th- Stred=on.tiie south; Orillia Road and Interstate 5 on the west; and the Grreen River on tlie°east. -Rebecca Fox, Senior P14 finer, Depai"tn erit.of Community Development, gave the presentation for staff Staffer .Recommendation: `Establish "uiid rIying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South.Master Plan area that was annexed to the City of Tukwila per Ordinaiiem2241. There was no-public testimony: Staff apologized to-the ommission for the confusion regarding the public heanng start time There were no further comments. The public hearing was closed. The Planning Commission deliberated. COMMISSIONER MALINA MADE A MOTION TO FORWARD A RECOMMENDATION FOR APPROVAL ON CASE NUMBER L10 -034 WITH STAFF'S FINDINGS, 17 18 Page 2 of 6 July 22, 2010 PC Minutes RECOMMENDATIONS, AND CONCLUSIONS, TO THE CITY COUNCIL. COMMISSIONER STRANDER SECONDED THE MOTION. ALL WERE IN FAVOR. Chair Arthur returned to the Council Chambers at 6:52 PM and resumed his position as Chair. Chair Arthur opened the public hearing. Chair Arthur swore in those wishing to testify. Staff reiterated that the public hearing notice mailed to the public had a meetingstart time of 7:00 PM instead of 6:30 PM. Chair Arthur called a recess at 6:55 PM in order to allow the second:.pub1.ie;:hearing case number L09- 064 to start at 7:00 PM, and allow those wishing to testify time to arr>jve. Chair Arthur re- convened the public hearing at 7:00 PM. Ne"i' arrivals wishing f©estify were sworn in. FILE NUMBER: APPLICANT: REQUEST: LOCATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: L09 -064 Wooden LLC r_ Amend Comprehensive Plan designation ono lots, including 1 from Manufacturing/Industrial Center Light`- (AK -L) to Office (Tax #1023049072); and 2) Low Density esidential (LDR) to�Office (0) (Tax #3351400005) 3914 S. 115' St., Tu 98188 L09 -065 Wooden LLC Amend Toning Map desig tjn on twolas including 1) from Ma„J ifactur-irre /Industrial Center -Light (MIC -L) to Office (Tax #1023049072); All 2) LoWllebsity Residential (LDR) to Office (0) (Tax #3351400005) 115 Tukwila, W ,8-188 Rebecca Fox gave t. e presenfatiar. for stEffSSlue:..riot_ed'that the Washington Growth Management Act allows amendtrient "sitnahec.,Comprehgnsive Pia and-he Zoning Code once a year. This year there are three req_gp s for the Commission to �_a, and then forward their recommendations on to the City Councdl The applicani„juashes to obtain (Office de"ignation for two parcels in order to construct an office or similar building. Staffllieves that large+- daytime uses that are allowed in the proposed Office zone, such as office, would provi"`°l e.a better transition with fewer impacts to the residential neighborhood than uses, such as manufacturing'attd auWgrepair, that could be built now with the MIC /L zoning. Maximum building heights in the pro_posed Office zone are 35'/3 stories, compared with the existing 45'/4 stories in the MIC /L lot, and 30'injhe LDR lot. The applicant has offered to donate a third small, vacant riverfront parcel to the City. Ms. Fox stated the donation would not be a part of the consideration for the re -zone. Parcel one, in a manufacturing area is separated from other manufacturing uses, and is currently being used as a construction storage yard, a permitted use in the MIC/L zone. The applicant has requested to retain this use as a legal, non- conforming use for a maximum of two years if the Office designation is approved. In light of the poor economy, retaining the use for a maximum of two years would allow time to prepare for development. If conditions are not met, the Office zoning would be void and the former zoning would revert. Staff Recommendation: Approval with four conditions as listed in the July 22, 2010 staff report. Page 3 of 6 July 22, 2010 PC Minutes Commissioner Alford asked for clarification on the height for Office compared to MIC /L, and discussion followed. Commissioner Arthur asked if both parcels are entirely within the 200 foot shoreline management zone, and staff confirmed that it is. He also asked if anything was allowed to be built as it currently exist, and staff responded that they are not sure. Staff will follow -up on Commissioner Arthur's inquiry, and provide information regarding when the Shoreline Master Program will be adopted by the Department of Ecology. PUBLIC TESTIMONY: Frank Firmani, applicant stated it is his goal to construct a smart, intelligent, green, and friendly development that fits in with the park and the adjacent neighborhood. Mr hirmani said that the donated parcel will become part of the river front trail. He said that a mixedii buiTdirig the site would not work economically. Mr. Firmani also commented that he has met with staff initi arks and Recreation Department in the past, and that they are supportive of the project.. Eric Cobb, Architect, for the applicant, said that the impaet,of the MIC /L property on'the:Spark.is a significant one He said that carefully considered landscap rig_requlreinents and landscape buffers between the park and property could significantly ease the transition :of the-- development.: le also said that the donated parcel is a substantive improvement to the corriiiiiinity and the park. Kathy Desjardin, citizen, asked if there woizlcj e- a,benefit to the cdimimumty to put an office building in between a park and residential area She raised'seVeralother questions: =She -said she would prefer that the zoning not be changed. Ms. Desjardm said that shere eived the pubhcmnotice on July 7 and it had a comment deadline of June 21. REBUTTAL: Denise Meyers, citizen, sai'ditliaeiiariging the parce`Is would be a-iiegative impact on the surrounding neighborhood significanflj She saidlat increased traffic in the area would be a safety issue for the residents. She also saRi 1t:vYauld be a h ige impact to tlieseptic system for the park and the residents in the neighborhood. Ms. Meyers,.said the�donated land to City would not be beneficial. She also commented that there is no p arkirgfn the- are; Mark Lund, citizen, intitili~d.on whether there has been a traffic mitigation study. He said that the proposed "xparcel to be donate to the C no sense. He said that the biggest issue he is worried about is pub )ic safety, due to tl e amount affraffic that would be leaving the area daily. Georgina Kerr e_itizen, said thathere should not be this type of building constructed in the neighborhood because it is out df"context and place. She said that it would increase run -off, increase danger to pedestrians; :and thatit is too close to the residential area. Ms. Kerr supports maiiitainiffg the existing zoning. Ms. Fox addressed the comments given by the citizens. She said that any development must meet code. She stressed that there is a range of activities, such as auto repair and manufacturing that are currently permitted under the MIC /L that could be built now. Under the Office re -zone there is also a range of activities that could be built and it doesn't have to be an office building. She said that traffic access would be from S. 115 rather than on a residential street to avoid impact on the neighborhood, and that all parking would be on site to meet code requirements. With careful site design, future development could be placed away from the neighboring LDR uses to minimize impacts. She said that a stop sign at the site would contribute to safety. She also said that any new development would be required to handle the run -off on site. Several questions were addressed. 19 20 Page 4 of 6 July 22, 2010 PC Minutes There were no further comments. The public hearing was closed. Chair Arthur thanked the commissioners for indulging him and allowing the public to exceed the five minute testimony time limit. He said that the commissioners get a perspective from the community when they get public input, which they are not privy to with just a staff report and input from property owners. He said that he appreciates the people who take the time and effort to provide the public input, and five minutes just doesn't do it sometimes. He also said that the exchanges tonight between the public and staff were well worth hearing. The Planning Commission deliberated. Chair Arthur clarified that the Planning Commission would make alecommenation to the City Council and that the City Council will make the final decision. Commissioner Peterson said he thinks that a re -zone t_o.Office use would create fewer jpats, and it seems more functional than the MIC /L use. He also saicrtl'ai;there waivno compelling evaIgiTce to deny the proposed re -zone, and he is in support of the re -zone. Commissioner McLeod said if he was to summarize it, he would dt the way that Commissioner Peterson summarized it. He also said that sta i-documentation listiliVwhat the current use of the MIC /L could be, and how it could or wouldn't change:I it re- zoned, was vet elpful. Commissioner Alford said for the record, she ha read tho pi 1vexy�tl oroughly and that she appreciates all of the informalism-Aligt was presente h .,She said if thi new zoning is approved that she hopes the property owner will""live. -up. to what he has=proposed. She said that it is probably the best solution when looking at=tlie allowe "demises for the MIC/L. She said what is there now makes for a disturbing view fromfht7pork, and shEiVould be in support.of whatever they could do to get rid of it. She said that she has a problem wafh:two lifor. ears of the c3Tiffent use if it is re -zoned for the applicant, and that it would be ahuge allowan d pure rl?s, ome:k nd of visual mitigation should occur and something be=„affor`cled" o;the cititelit. in the com"rritinity. Staff said-Tic there is consensusamong ifi" .cp. emission, they could amend condition 2 of the proposed to require of screening Commissioner::. thur said thafl e does not see any compelling reason for the re -zone, but he sees a number of reasons, Otto approve the change. He went over the six bullet items in section #4, page 6 in the staff report, and gave.explanation on his opposition with each of the statements. Commissioner Arthur also said that h eE l me questions regarding the appropriateness of the public notice. Commissioner Strandir said that she concurs with the comments made in appreciation of the testimony. She said that she has reviewed the Zoning Code and all of the different uses that could be applied to the Office designation. She said she also concurs with Commissioner Alford regarding the applicant meeting all of the traffic requirements, and Commissioner Arthur's comments regarding the notice. Commissioner Bratcher said it needs to be kept in mind that they may be setting precedent for temporary zoning to flip flop back and forth. She said that either they should change the use, or they don't. She also said that she has a slight problem with changing the use and allowing non conforming use. Page 5 of 6 July 22, 2010 PC Minutes COMMISSIONER MALINA MADE A MOTION ON L09 -064, COMPREHENSIVE PLAN AMENDMENT AND L09 -065, RE -ZONE, TO FORWARD THE RECOMMENDATION TO THE CITY COUNCIL TO DENY THE OFFICE USE AND STAY WITH THE MIC/L. COMMISSIONER MCLEOD SECONDED THE MOTION. COMMISSIONER ARTHUR CALLED FOR A HAND VOTE, AND THE REQUEST WAS DENIED, FOUR TO THREE. COMMISSIONERS PETERSON, ALFORD, AND STRANDER VOTED IN FAVOR OF THE RE- ZONE. There were no further comments. The public hearing was closed. The Planning Commission deliberated. Chair Arthur opened the public hearing. FILE NUMBER: L09 -067 APPLICANT: Macadam LLC REQUEST: Amend Comprehensive Plan=degignation frolic :C_ommercial /LightaIndustrial (C/LI) to Medium Density Residentia i(MDO) °(Tax# 2613200131) LOCATION: 4300 S. 133 St., Tukwila, WA FILE NUMBER: L10 -002 APPLICANT: Macadam LLC REQUEST: Amend Zoning Map deignatiori=from,Commercia1 Light Industrial (C /LI) to Medium Density Residential (MUR)=(Tax##..2613200131) LOCATION: 4300,4S.:,,-133 St., Tukwila', =`W M Rebecca Fox gave the pr."esentation f( ztaff. The intent is to provide a better transition between Commercial /Light Industff4on the Eli and smgle fare ily,,.housing on the West by constructing housing. Approximately 80 of the`pz pertyjs=wetland or buffer:and 20% can be developed, which would allow four to five units. Staff reconiinendation: A_?proval o a=eo rezone with the following two conditions: A)1A11 code violation r sne_s, includifi the conditions outlined in the Special Permission Director (F"i`le.,# L09 -014) is to:b7e completed`by the applicant and finalized by the City of Tukwila by Deciiiiber 31, 2010. (Inge staff"report, the deadline was December 1, 2010, but staff extended it to Deceittber 31, 2010, ii the applicant's request.) B) In the eventthat the above condition is not met by the deadline above, the rezone shall be voided. Medium derls ty zoning shall revert to Commercial/Light Industrial without further legislative action: There were no further comments. Berry Becker, applicant, commented that existing trees provide some noise buffer in the area. Staff stated that noise impacts from Sound Transit should be considered if housing is built in the future. There was no public testimony. The public hearing was closed. The Planning Commission deliberated. 21 22 Page 6 of 6 July 22, 2010 PC Minutes COMMISSIONER MALINA MADE A MOTION TO FORWARD TO THE CITY COUNCIL APPROVAL FOR L09 -067, COMPREHENSIVE PLAN AMENDMENT, AND L10 -002 RE- ZONE, BASED ON STAFF'S FINDINGS, CONCLUSIONS, RECOMMENDATIONS, AND CONDITIONS, WITH A REVISED DEADLINE OF DECEMBER 31, 2010, ON CONDITION "A COMMISSIONER BRATCHER SECONDED THE MOTION. ALL WERE IN FAVOR. DIRECTOR'S REPORT The Commission was informed that the Community Development Director continuing work on the budget. A Light Rail community meeting was held last month and Sound Transit staff briefed the Sound Transit Board. The meeting can be reviewed on -line. There was inquiry from Commissioner Peterson on when the TUG,meetings will resume. Staff will follow up on this, and have a schedule provided to the Plannmgommission. Meeting Adjourned: Submitted by: 9:32 PM Wynetta Bivens Secretary Duwam /$h River LDR 16 St r LIDR I I I Proposed LDR to 0 114 St ,z" V7 L?R L09 -064 Comprehensive Plan amendment Manufacturing Industrial Center /Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) L09 -065 Rezone Manufacturing Industrial Center /Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC /L) to Office (0) and Low Density Residential (LDR) to Office (0) MI Public Recreation Overlay Zoning Lines s11QSt,' L�R EXHIBIT 2 1 LDR MIC /H 0 LDR iQ �d I ft Wooden LLC rrzoo 24 r Uli11111111‘ ,„„cr 09-064 Comprehensive Pian amendment—Manufacturing industrial CenterlUght (G11. to Office (0), _Ia0n9d-Z.605,N Roeeznosnme-R-Menuelt\alcatujcit_n8Rin)dtuosolteCepnt)erliight MOIL) to Office (0), and I..ow Densitv Residenf:ial PR) to Office (0) \ildior!snnsu\kTRcteusci\n8genintdau\ sck_typial )CteonolcOe\cCol)\-) to ()t EX1-11‘30. 3 wooden c 26 Proposed CL /I to MDR 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 A Commercial /Light industrial (C/LI) to Medium Density Residential (MDR) fainsonsas Zoning Lines EXHIBIT 4 ft Macadam LLC 1-.40P 28 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 EXHIBIT 5 it Macadam M LLC 1 a 4419 29 30 Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas ®I! Tukwila City Limits 1 1 Annexation Area /Establish Underlying Zoning l Tukwila South Overlay District EXHIBIT 6 Establish Tukwila South Annexation Area Zoning 1 3 MILES sw43 st H:\PLANNING \Comp Plan Zone Amend \2010 com_zone amend \Estab Tuk south overlay dist letter line.mxd 32 ATTACHMENT 1 WOODEN, LLC COMPREHENSIVE PLAN ZONING MAP 34 HEARING DATE: July 22, 2010 NOTIFICATION: Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 Site posted, 7/12/10 FILE NUMBER: L09 -064 (Comprehensive Plan Amendment) L09 -065 (Rezone) APPLICANT: Wooden LLC REQUEST: STAFF: Rebecca Fox STAFF REPORT TO THE PLANNING COMMISSION ATTACHMENT 1 A Amend Comprehensive Plan/Zoning Map on two parcels, including: 1) Manufacturing /Industrial Center —Light (MIC /L) to Office (0); and 2) from Low Density Residential (LDR) to Office (0) LOCATION: Vicinity of 3912 S. 115 St., Tukwila (Tax Parcels #1023049072 —MIC /L #3351400005- -LDR) COMPREHENSIVE PLAN DESIGNATION: Manufacturing /Industrial Center —Light (M/IC -L) and Low Density Residential (LDR) ZONE DESIGNATION: Manufacturing/Industrial Center —Light (M/IC -L) and Low Density Residential (LDR) SEPA DETERMINATION: Determination of Non-significance (DNS), 7/21 /10 ATTACHMENTS: A. Application (L09- 064)— Comprehensive Plan B. Application (L09- 065)— Zoning Map Change C. Minutes —City Council Regular Meeting(7/6/10) D. Aerial vicinity with zoning E. Zoning map F. Use comparison by zone G. Development Standards comparison by zone H. Comment letters Rf 1 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports1PC .Staff.Rpt.Wooden-- No.P.R.0. -7 14.10 p.m..doc FINDINGS Background and Project Description The applicant Wooden LLC seeks to amend the Comprehensive Plan and zoning designation on two lots located southeast of the Duwamish Riverbend Hill Park, generally located at 3914 S. 115 Street, Tukwila, WA. (Attachments A and B) Parcel 1, currently zoned MIC -L, is immediately adjacent to Duwamish Riverbend Hill Park. It was envisioned as part of the Park in the 2007 Duwamish Riverbend Hill Park. The property is now serving as storage for construction equipment, a permitted use in the current MIC /L zone. The second lot, Parcel 3, is located at the western edge of the residential neighborhood, and is zoned Low Density Residential. It is now vacant, but at one time it contained a single family house. The applicant is requesting to rezone both properties to Office (0), with the wish to create a development opportunity that will "both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use." The goal is to construct an office building. No specific project information has been provided. Any project is subject to development review under the Office zoning. Design review and SEPA/environmental review would take place when a project is proposed. The applicant has offered to donate a third small property, Parcel 2, to the City of Tukwila for the purposes of shoreline and riverbank enhancement and trail development if the proposed Office rezone is approved. The lot is located adjacent to the Duwamish River and lies across S. 115 Street from the properties that are requesting Comprehensive Plan amendment/rezone. This proposed donation is not a factor in considering whether to approve the requested map change, but would be a positive acquisition for the shoreline. In light of poor economy, the ongoing storage lease, and the time required to start site development for a future office use, the applicant has requested that he be allowed to continue use of the construction storage yard for two years after the Comprehensive Plan amendment and rezone are approved. The storage yard, now operating as a permitted use on Parcel 1 under the current MIC /L zoning, would become a non conforming use if the rezone to Office is approved. During the two -year period, the applicant will prepare to redevelop of the site, while operating the construction storage lot. If the City of Tukwila feels that this request is appropriate, it could be enacted through a contract rezone. The contract rezone would also be referenced in the Comprehensive Plan recommendation. In this case, the applicant would be required to cease storage yard operations in a set time period after the rezone becomes effective, and to donate Parcel 2, located along the Duwamish River, to the City for public use. If the storage yard did not Rf 2 07/1 5/2010 W \Users\Minnie\Minnie -PC Staff Reports\PC. Staff.Rpt. Wooden-- No.P.R.O. -7 14 10 p.m..doc 35 36 cease operations by the deadline, the rezone would become void and zoning would revert to the previous MIC /L and LDR. The small waterfront property would remain in City ownership for public use. These conditions would serve to protect both community and City interests. The Community Affairs and Parks Committee were briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The two lots are located 3912 and 3914 S. 115 Street. Lot #1 (current M/IC -L) is approximately square in shape and fronts on S. 115 Street. A small portion of the northernmost part the property is Type 3 slope, with "high landslide potential, and slopes between 15% and 40% underlain with relatively impermeable soils or by bedrock. Lot #3 (current LDR) is rectangular in shape, and also fronts on S. 115 Street. Approximately one -half of the property contains Type 3 slopes. The two lots total approximately 15, 633 s.f. or .36 acres. Vicinity: The immediate neighborhood is a mixture of single family residential uses, and commercial /industrial activity. Single family residential uses are immediately adjacent to the north and east along 40 Avenue South and S. 113 and 114 Streets South, as well as across the Duwamish River. Topography provides a break between the subject property and the existing single family residential. Industrial uses commonly associated with the MIC /L, including truck sales and service, United Parcel Service shipping, air freight, and construction storage are located along E. Marginal Way to the west. The light rail track runs along E. Marginal Way South, approximately one -tenth mile away. The Burlington Northern train yard is approximately 1/4 mile east in an MIC/H zone. Fire Station #53 is located at 4202 S. 115th Street in the Residential Commercial Center (RCC) zone approximately one -tenth mile south east. A wedding store /office is located adjacent south in a High Density Residential (HDR) zone. The most visible feature is Duwamish Riverbend Hill Park, immediately adjacent to Parcel 1. Like Parcel 1, the Park is zoned MIC/L. Owned by the City of Tukwila, it is an established park and is used for cultural and recreational purposes, rather than industrial activity. It has been designated as Public Recreation Overlay (PRO). This overlay, placed on parks and trails, such as the Foster Links, or Centennial Park, supplements a property's underlying zoning and ensures that the park or trail property will be used exclusively for recreational purposes. A pedestrian/bicycle trail, accessible by a foot bridge approximately four tenths of a mile south, runs on the western side of the Duwamish River. Duwamish Park is approximately three- tenths of a mile away, and the Tukwila Community Center is one mile south Rf 3 07/15/2010 W: \Users\Minnie\Minnie -PC Staff Reports\PC.Staff.Rpt .Wooden-- No.P.R.O. -7.14 10 p.m..doc COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? Aspects of the requested change designation are addressed in several goals and policies. Four broad reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. Tukwila Comprehensive Plan Objective #1 is "To improve and sustain residential neighborhood quality and livability" Redesignating the existing MIC /L property to Office provides a better transition between Duwamish Riverbend Hill Park on the west, and the residential uses to the immediate east. The potential impacts of development allowed in the current MIC /L (i.e. gas station, auto repair, contractor storage, etc.) are likely to be more negative to residential quality, than the uses (such as office, gallery, etc.) allowed under the proposed Office zone. The rezone to Office eliminates one LDR residential lot, and the possibility of future housing development. 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. Uses allowed under the Office designation may have less impact on the neighborhood, including the adjacent Duwamish Riverbend Hill Park and single family homes, than those in the current MIC/L designation. Converting Parcel 3, a residentially -zoned lot, to Office places a commercial use adjacent and in the vicinity of other property that is now zoned or used for single family homes. The subject lot and its adjacent residential lot are vacant. Existing residential uses are located farther up the hill on 40 Avenue South, and are separated from the site by sloping topography. New development would access along S. 115 Street, avoiding the residential neighborhood. Goal 7.3 Overall Land Use Pattern land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible use. The existing MIC/L is an abrupt transition to a use that is potentially incompatible with the adjacent residential uses, as well as the existing park. An office use may provide a more gradual transition with fewer potential impacts. Rf 4 07/15/2010 W\Users\Minnie\Minnie -PC Staff Reports \PC.StaffRpt.Wooden-- No.P.R.0 -7 14 10 p.m. doc 37 38 Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. The proposed Comprehensive Plan change Office would eliminate one residential lot, but would also avoid the potentially negative impacts of an automotive repair shop or manufacturing business adjacent to residential, setting clear boundaries between the residential neighborhood and the adjacent Park. 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. Parcel 1 is zoned MIC/L, but there are no industrial uses in the immediate vicinity. The Duwamish Riverbend Hill park, although now zoned MIC/L, will remain in recreational use as a park, and will not be developed for industrial purposes. The majority of industrial type activity is located west toward E. Marginal Way South. Several blocks east, the active Burlington Northern yard abuts another LDR residential neighborhood, and is zoned MIC/H. Immediately adjacent to the single family neighborhood and the Duwamish Riverbend Hill Park, Parcel 1, the existing MIC /L lot, is separated from similar uses. It is not compatible with the adjoining public park. The neighboring single- family homes are without adequate buffer should a permanent industrial use locate there as allowed under the current MIC/L designation. Any light manufacturing/industrial activities have the potential to negatively impact the residential neighborhood. Goal 1.5—A riverfront that is accessible, developed, and appreciated as a major amenity of the community and region. This goal addresses the possible donation of the riverfront Parcel 2 to the City for public use. 2) If the issue is not adequately addressed in the Comprehensive Plan, is there a need for the proposed change? The proposed amendment draws attention to Parcel 1's current MIC/L designation, which is not the most appropriate for the location i.e. adjacent to a City park, and single family homes, and separated geographically from the remainder of the Manufacturing/Industrial Center's industrial uses. Rezones and Comprehensive Plan changes are exempt from the current moratorium on certain types of development in the MIC area. Parcel 3 is somewhat separated from neighboring homes by topography, as well as through its orientation and access on S. 115 Street, rather than 40 Avenue South or S. 116 Street like the other homes. This makes its redesignation to Office and its inclusion in office-type redevelopment more feasible and desirable. Rf 5 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports \PC.Staff.Rpt.Wooden-- No.P.R.O -7.14 10 p.m. doc Office use could_be more appropriate to the location than a light manufacturing use, as is permitted under the current Comprehensive Plan and zoning. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? Designating Parcel 1, which is currently MIC -L, to Office provides a needed buffer for nearby residential zones from the potential negative impacts of industrial activity. Since the MIC/L -zoned Duwamish Riverbend Hill Park was developed, the adjacent Parcel 1 is isolated from existing and potential industrial uses. Designating both Parcel 1 and Parcel 3 as Office will provide sufficient space for well designed development. Office designation will facilitate longer term improvements to the area, with new investment in non industrial, lower impact office use. Office use will provide employment and revenue generating activities for the community. Office use could spur lower impact redevelopment, which will enhance the community by bringing daytime activity to the street and adjacent park. Designating Parcel 3, which is now vacant LDR, as Office removes potential residential uses, and brings non- residential office use into the vicinity of a single family residential area. The public need for housing could be met by retaining the LDR zoning on Parcel 3, and rezoning only Parcel 1 to Office. Rezoning one parcel would still provide a buffer from light industrial uses for nearby single family homes. The public need to avoid an industrial use adjacent to residential and park use could be met by rezoning both parcels as Residential Commercial Center (RCC). This zone allows up to two stories of office or retail, but stipulates that a third floor if built, must be used for housing. If the Office designation is approved, donation of Parcel 2 to the City of Tukwila can maintain and enhance public use along the shoreline. 4) Will the proposed change 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, with its potentially greater negative impacts to the adjacent residential community The proposed change may spur redevelopment along S. 115 that will benefit the community. Office use will generate daytime activity in the area, but will not create impacts at night. A potentially harmful MIC/L use, such as gas station or auto repair, would no longer border the residential neighborhood to the east, or the park to the west. Extending an office -type use into the residential area precludes future single family residential activity on Parcel 3. Tukwila would gain public land along the Duwamish River through donation of Parcel 2. Rf 6 07/15/2010 W\Users\Minnie\Minnie -PC StaffReports \PC.Staff.Rpt.Wooden-- No.P.R.O -7 14 10 p.m..doc 39 40 The existing construction storage is a permitted use under the current MIC /L zoning and produces some economic value. Construction storage is not a permitted use under the Office zone, and the storage yard would become a non conforming use. Allowing the contractor storage yard to operate as a legal non conforming use for a set time period after rezone to Office maintains the status quo without additional impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, the current MIC /L and LDR zoning would be unchanged. The public would benefit by the donation of the waterfront parcel in either case. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain and enhance residential neighborhoods, and to protect them from undue noise. Redesignating from Manufacturing Industrial Center /Light to Office enhances the neighborhood through the possible development of lower impact office use. The proposal eliminates one Low Density Residential lot, and precludes future residential development. 2) Impacts? The requested map change to Office could potentially add lower- impact office or similar development that would enhance the appearance of the area without significantly affecting the existing residential uses up the hill. Specific redevelopment plans will undergo environmental, design review and building permit review. 3) Meeting identified public need? Other options? Designating Lot 1, which is currently MIC /L, to Office provides a needed buffer for nearby residential zones from the potential negative impacts of industrial activity. Since the MIC/L -zoned Duwamish Riverbend Hill Park was developed, the adjacent Parcel 1 is isolated from existing and potential industrial uses. Designating both Lots 1 and Lots 3 as Office will provide sufficient space for well designed development that will produce employment and revenue, and will enhance the community with fewer impacts than the existing MIC /L zone. Lot 1 could be designated as Office, and Lot 3 could be left as Low Density Residential in order to maintain the possibility of housing being developed. Rf 7 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\ PC .Staf£Rpt.Wooden-- No.P.R.O. -7 14 10 p.m..doc Designating Lots 1 and 3 as Residential Commercial Center (RCC) would enable a mixed used development to be built with office or retail on the first two floors, with a possible third floor in residential use. This would bring both office /retail use and housing to the area, while eliminating negative impacts of the MIC /L zoning. 4) Benefit to the community? Lower impact office -type use would offer greater benefits and fewer negative impacts than the existing MIC /L zoning. Office use will generate daytime activity in the area, but will not affect nearby residents at night. Allowing the contractor storage yard to operate as a legal non conforming use for two years through a contract Comprehensive Plan amendment /rezone to Office maintains the current status without more impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, there would be no change in zoning, and the current MIC /L and LDR status would be unchanged. The public would not be harmed since the use is already in operation, and would benefit by the donation of the waterfront parcel in either case. COMPREHENSIVE PLAN RECOMMENDATION: Staff recommends the following: Approval of the Comprehensive Plan Map amendment of property located at 3 912 S. 115 Street (Tax 1023049072) from Manufacturing Industrial Center/Light to Office and property located at 3814 S. 115 Street (Tax #1023049063) from Low Density Residential to Office with the following conditions: 1) All requirements of the following contract rezone must be met including: a. Contractor storage operations shall not be allowed on Tax Lot 1023049063, and shall be completely removed prior to the effective date of this rezone; b. The contractor storage yard on Tax lot #1023049072 shall meet all legal requirements, and shall cease all operation no later than two years (730 days) after the effective date of the rezone; c. In the event that all operations of the contractor storage yard are not terminated by the deadline above, the rezone shall be voided. Office zoning shall revert to Manufacturing Industrial Center /Light (Tax 1023049072) and Low Density Residential (Tax 1023049063) without further legislative action; d. Applicant agrees that Tax Parcel 3351400005 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date of the rezone. The dedication of this parcel shall survive any reversion of zoning, by virtue of non compliance with the terms of this agreement. 2) In the event that the rezone is voided, the Comprehensive Plan amendment shall also be voided. Office designation shall revert to Manufacturing Industrial Center /Light (Tax 1023049072) and Low Density Residential (Tax 1023049063) without further legislative action. Rf 8 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports \PC.Staff.Rpt.Wooden-- No.P.R.0 -7 14 10 p.m. doc 41 42 FILE #L09 -002 ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan Per the discussion of Comprehensive Plan Criteria (above), the proposed Office zoning is consistent with the Comprehensive Plan, as follows: Plan Objective #1 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. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries 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. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.18.010, the requested Office zone is intended to provide for areas appropriate for professional and administrative offices, mixed with certain retail uses. Because of the generally light environmental and traffic impacts and daytime use characteristics of offices, it is further intended that such districts may serve as buffers between residential districts and commercial and/or industrial areas. The proposed rezone from Manufacturing Industrial Center /Light (MIC/L) and Low Density Residential (LDR) will fulfill this purpose by allowing offices to be built. Attachment F compares the uses permitted in the requested Office with the current Manufacturing Industrial Center /Light (MIC /L) and Low Density Residential (LDR). For example, Office zoning permits uses such as office, studios and planned mixed use development combining retail and office. Restaurants are also permitted uses. Permitted MIC /L uses include automotive services, heavy equipment repair and salvage, manufacturing and processing of various kinds, motels, offices, parks, health clubs, restaurants. Rf 9 07/15/2010 W: \Users\Minnie\Minnie -PC Staff Reports \PC.Staff.Rpt.Wooden-- No.P.R.O -7 14 10 p.m..doc Although there is some overlap in permitted uses, Office zoning allows a wider range of uses that are compatible with the nearby residential neighborhood. Office zoning would generally enable development that offers a better transition to the adjacent Low Density Residential than the MIC /L zone now provides. Office requires a 25' front yard setback, while the required setback for both LDR and MIC /L front yard setback is 20'. The proposed Office zone allows building heights up to 3 stories or 35', vs. 45' or four stories in MIC /L and LDR 30 feet in the LDR. (Attachment G) The proposed Office zone requires design review for commercial structures 1, 500 square feet or larger. Design review is required for the existing MIC/L in proximity to residential districts and the Duwamish River. Design review is not required for the LDR. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Since the current zoning was established in 1995, the 8.6 acre parcel immediately adjacent to Parcel 1 was developed as Duwamish Riverbed Hill Park. Zoned MIC /L, the property had previously been known as Poverty Hill and had been sought for industrial development with plans to dynamite the hill and its outcropping of bedrock. In 2001, the Cascade Land Conservancy, the City of Tukwila and a citizen group called Friends of the Hill formed a partnership to work for the preservation of the hill. In 2004, the property was purchased by the Cascade Land Conservancy, and transferred to the City of Tukwila to establish a cultural and natural preserve. Although the Duwamish Riverbend Hill Park has not been formally rezoned from MIC /L, it operates as a park, and has a supplemental Public Recreation Overlay zoning. Establishing the recreational use has isolated Parcel 1 from other MIC /L uses, making an industrial use less appropriate to the site than before. 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located In a broad sense, the office or commercial uses that are permitted in the requested Office zoning could benefit the region and the community by providing additional employment opportunities and tax income. The existing Manufacturing /Industrial Center —Light zoning is not in the best interest of the neighborhood as it permits a light manufacturing/industrial use adjacent to residential zoning. Well- designed development under the Office zone would benefit the community more than the existing vacant residential property, and storage yard. Rather than an isolated Rf 10 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\ PC. Staff.Rpt.Wooden-- No.P.R.O. -7 14 10 p.m..doc 43 44 manufacturing /industrial activity, use of both properties as part of a coordinated office related project could promote public health, safety and comfort through good design. Office uses, as permitted in the 0 zone have typically lighter environmental impacts and would provide a more appropriate transition to the LDR zone than the current MIC /L zoning. Future development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property, and provide Tukwila a clear means to evaluate any future proposed development, accommodate neighborhood conditions, and avoid adverse impacts to the adjacent properties and the community. Contract Rezone: As discussed earlier in this report, the applicant has asked to maintain the construction storage yard as a legal, non conforming use after the requested rezone to Office while preparing to redevelop the site. If desired, this could be accomplished through a contract rezone and a Comprehensive Plan amendment citing the contract rezone. The applicant would be required to cease storage yard operations in a set time period after the rezone becomes effective, and to donate Parcel 2 along the Duwamish to the City for public use. If the storage yard did not cease operations by the deadline, the rezone would become void and zoning would revert to the previous MIC /L and LDR. The small waterfront property would remain in City ownership for public use. These conditions would serve to protect both community and City interests. Allowing the contractor storage yard to operate as a legal non conforming use for a set time period after rezone to Office maintains the status quo without added impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, there will be no change in zoning. The contractor yard could continue to operate as a permitted use in the MIC/L, as is the case now. The public benefits by the donation of the waterfront parcel in either case. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comnrehensive Plan: Office zoning is consistent with existing Comprehensive Plan policies that support good transitions between industrial /commercial and residential uses, limit noise impacts on residential uses, and promote stable neighborhoods. 2) Consistency with Zone: Office zoning allows a broader range of uses that are compatible with the existing residential neighborhood than Manufacturing Industrial Center/Light zoning. Rf 11 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\ PC. Staff.Rpt.Wooden-- No.P.R.O. -7 14.10 p.m..doc 3) Changed conditions: Development of Duwamish Riverbend Hill Park has isolated Parcel 1 from other MIC /L zones and uses, making it less likely to develop as an industrial use. 4) Community interest: Development that is allowed under the Office would benefit the community by allowing a wider range of uses with less impact on the surrounding neighborhood than the uses that are permitted in the current Manufacturing Industrial Center zoning. The donation of Parcel 2 would allow Tukwila to gain public land along the Duwamish river for restoration and possible trail development. A contract rezone to Office maintains the status quo without added impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, there would be no change in zoning, and the current MIC /L and LDR remain. The public would not be harmed since the construction storage yard is already in operation and the existing conditions remain. The public would benefit from the donation of the waterfront parcel in either case. Although not part of the rezone request, it is in the community interest officially to add the "Public Recreation Overlay" to the Duwamish Riverbend Hill park property to indicate continued park use. ZONING RECOMMENDATION: Staff recommends the following: Approve a contract rezone of property located at 3912 S. 115 Street (Tax 1023049072) from Manufacturing Industrial Center /Light to Office and property located at 3814 S. 115 Street (Tax #1023049063) from Low Density Residential to Office subject to the following requirements: a) Contractor storage operations shall not be allowed on Tax Lot 1023049063, and shall be completely removed prior to the effective date of this rezone; b) The contractor storage yard on Tax lot #1023049072 shall meet all legal requirements, and shall cease all operation no later than two years (730 days) after the effective date of the rezone; c) In the event that all operations of the contractor storage yard are not terminated by the deadline above, the rezone shall be voided. Office zoning shall revert to Manufacturing Industrial Center /Light (Tax 1023049072) and Low Density Residential (Tax 1023049063) without further legislative action. d) Applicant agrees that Tax Parcel 3351400005 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date the rezone. The dedication of this parcel shall survive any reversion of zoning, by virtue of non compliance with the terms of this agreement. Rf 12 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports \PC.Staff.Rpt.Wooden-- No.P.R.O -7 14 10 p.m. doc 45 46 Planner: ecc6 Fo x NAME OF PROJECT /DEVELOPMENT: CITY OF TUKWILA Department of Commun1L Development 6300 Southcenrer Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tulcwila.wo.us FOR STAFF USE ONLY Permits Plus Type: P -CPA ATTACHMENT_ A P-CPA L09-064 COMPREHENSIVE PLAN AMENDMENTS 1 G File Number: Application Complete (Date: tt. /l6 f to I Project File Number: Application Incomplete (Date: 112.6110 1 Other File Numbers: L vet 0 C .r ge 2t atti'.. L Wooden III LLC 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 Ave #318 Phone: 237 01 36 FAX: Z Z33 c G 2 1 .42 E mail .J i O f--(1 5 G D 13f3 A Go AA Signature: Vim ��i/Z Date: I z 1 7 0 Attachment A 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 69 70 A. COMPREHENSIVE PLAN DESIGNATION: Existing: /OZ 3Q CY 07Z M 000O5- LQPyL Proposed: tDZ3 0 9 `t L 7Z 3 3 L( oco 05 oFPt E B. ZONING DESIGNATION: Existing: 10 Z.30 t.1 90 72 AA 1 C IL 3 3 00005 L D l2 Proposed: lO2- 3p '307Z 335 (0000 5 0 O FF1Ue% C. LAND USE(S): Existing: VAZ. 102.30 9012 5 IN C,1. FAvkAl P ye.ES- ?3C1`toc Proposed: 0PF«c Fog (UoTP ibz30 9 ra72. i- 3351 t(00005 (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. I FFl` Uvti/R/LAisPr HILL- PA2k TKE WEST AND Noll PaoPEQ -T EDbE A>•D 1S GvA22ENTLY MI THE PR0PE1Z.TY `ro TH EAST AN- P 50uTi 4 (Aes -oss D v w,4 tiA (s, Q t v 1E 0 15 /-ID 12 2 s t) riAL. ASAP fzo K I A A E t—Y 1000 T2 T4E EA5 T t'a S MALL A aSA5 ARC Z©t IZGG AM() M R 47 48 STATE OF WASHINGTON COUNTY OF KING EXECUTED at JEir otaifittlrir i 4 :4 1 /1„.. :;iet,"4: 4. S% Cr IS e f 3' M V 6"' %:;irf t ti• 4. .f S't p`% 1` it. I II ruiltttttt CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E mail: tukalnnOci.tttkwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss 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, locatgd at, 91 S ll�s sT't V,L.M I 4 d To T t.✓FSY' ?4 .LElJF IO2.7e41p71, 10de t0 3 Y4oL1 li for the purpose of application review, for the mited t im 3 40 e 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 applications) without refund of fees. (city), 444 (state), on Dee.- Print Name 4.1- eF"1 Address ev 67 J'-�— Phone Number Signature h On this day personally appeared before inc c t,. Q� av�' P. 7 a to me known to be the individual who executed the foregoing instrument and acknowledged that belakffi signed the same as his/b rvoluntary act and deed for the uses and purposes mentioned therein. i .0 SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 10 DAY OF Dee. NOTARY PLJ'gLIC in and tar the State of Washington residing ut sAll)Q \.)a C c J (7/ 7 My Corrunission expires on 1 '/29,2. 5 /a 2p ,2o t2 PROPOSED COMPREHENSIVE PLAN ADMENDMENT SUMMA.gY s u(._ (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, (8) 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 III would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, ifthe 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 MICIL "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 49 74 50 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 18.80.050) 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 I11 llc 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. -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 c .ir rent 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 51 52 76 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 B. Parcel B is currently zone MIC /L 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 M1C 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. (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 ecconomic 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 ofnew 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 land 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 -10 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 governments are encouraged to look for ways to work cooperatively with businesses to help them comply with environmental regulations and to develop policies 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 53 78 54 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; L U -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: NAME OF PROJECT /DEVELOPMENT: CITY OF TUKWJLA 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 20gtrCA Fox iI TTACIT ZONING CODE AMENDMENTS FOR STAFF USE ONLY Permits Plus Type: P -ZCA 17 r_ 1 File Number: L J 6 1 6,4 Application Complete (Date: 1 111611 6 I Project File Number; Application Incomplete (Date: 1 26 Ito) 1 1 Other File Numbers: L0q —D �D L,L t I f WOo06 l -1 TEL LL.e. Hlr -L tl Lc) e- .0 LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 391 5 S T VALA l�tT zaT T o 1 H V LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). )oz3o 1 iTo7Z. 3 loz3ot-fgO 3 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: JcS,Lt --1c1-E145 02- ERIC CoM3 F. teLlf t TILTS Address: q 1 WV..5 A 31 1; 'TCLr. I Phone: Zo6 Z 8l 0136 FAX: Z06- Z.33- `I7 L1 Z E-mail: .1.5 o 1 1 5 (D P2A JZ c H C,ot A Signature: �a-` Date: 12 19 09 Attachment B 55 80 56 A. COMPREHENSIVE PLAN DESIGNATION: Existing: 1 0Z 3oc-I 9 077 M I G /L 3 3 S l'--1 DODO 1-b12_ Proposed: 30t-i 9072. t 336 1 t L 'O o O 0 F 16E )3. ZONING DESIGNATION: Existing: 102 30 G6` 2- M t L rL 3 3S I 1 obooS ---Lok Proposed: I OZ_3 9 q 4672 33S 114 0000 S C. LAND USE(S): Existing: 10z304 qorZ Vr4G,4M 1 33. 60005 .51MbLE F #MlnJLY HbM Proposed: 7 FF tGE FDA- ROTH 10 2.3C) q 072. t 361 y 00005 (for proposed changes in land use designations or rezones) t. Lot° Arcnrtects Inc. a i 1 vvesiem /venue eo 10 .0Ccalle. vvt% VU I VV PROPOSED REZONE SUMMARY: (parcels 1023049072, 3351400005, 1023049063) Parcel C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). NMI u SE-.'7E c ms`s." C�' 6- 4:= i4 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. Wooden 11111c 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 M1C /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 57 58 82 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 aoals. obiectives. 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 shore line 4. Protect the resources and ecology of the shoreline L. VVUU HI 1,1 LILGLLJ 1111.. V 11 V VGJIGI 11 flvcl ItJ1 ri.l vr.u.0 •Il ...0 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 M1C /L zoning for Lot C is not consistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, M1C /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" 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 MC/ development at this juncture between the newly developed park and the adjacent residential neighborhood 4. That the proposed amend ment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and 83 59 84 60 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. 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 8 (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, 1.11.L_ ti..._ :`r2 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, Bruce Fletcher, Director Tukwila Parks and Recreation Department 12424 42" a•. enue South Tukwila, WA 98168 (zo6) 767 -2342 bruce@ci.tulcwila.wa.us 85 61 86 62 To:City of Tukwila Department of Community»evelopment 6300 Southcenter Blvd., Ste 100 Tukwila, Wa. 93183 ATTACHMENT G 1 am here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 115 Street. To whom it may concern: 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 Mast3 er 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 OW OF TUKWIIA MAY 06 2O1 'PE��111 r CEWT Stanley G Hoffman 3924 South 114th Street Tukwila, WA 981 68 -1 91 3 206 763 -1712 Sirs: I am writing in opposition on the zoning change of the property located at South 915th Street and 40th Avenue South. The Health of Walker Hill ATTACHION T R DCD Rebecca Fox 6300 Southcenter Blvd Tukwila, WA 98188 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 projects. M i thoi thought is the office project will not provide value to t' u �ESe iy ivil i� is v rice N rEjcCt 4bli nv prvvi e `vague eo 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. St'anle y Hbffrf an 87 63 88 64 Tukwila City Council Regular Meeting Minutes July 6, 2010 ATTACHMENT C Page 3 of 6 MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1719. 2. A resolution declaring two aged and obsolete Fire Department Amkus Rescue Systems and accessory equipment surplus and authorizing their donation. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING TWO AGED AND OBSOLETE AMKUS RESCUE SYSTEMS AND ACCESSORY EQUIPMENT SURPLUS, AND AUTHORIZING THEIR DONATION. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1720. b. 2010 Comprehensive Plan Amendments. (The Council may: Refer the proposal as is to the Planning Commission for further review; or Modify the proposal and refer to the Planning Commission for further review; or Defer consideration until a later time to get more information; or Reject the proposal.) MOVED BY ROBERTSON, SECONDED BY DUFFLE TO REFER THE PROPOSAL AS IS TO THE PLANNING COMMISSION FOR FURTHER REVIEW AND A RECOMMENDATION.* Frank Firmani, 2400 NW 80 Street, #162, in Seattle, explained he is confident they can work proactively with neighbors and the Friends of the Duwamish during the planning process. Mayor Haggerton asked if he is speaking in favor of the motion, and Mr. Firmani responded in the ffirmative. OTION CARRIED 6 -0. c. Noise Regulations: 1. An ordinance updating regulations relating to noise as codified at Tukwila Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. MOVED BY DUFFLE, SECONDED BY HERNANDEZ THAT THE ORDINANCE RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT, REPEALING ORDINANCE NO 2002; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2293. 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. Attachment C 65 P:4 31C )C, L09-064 Comprehensive Plan amendment--Manufacturing Industrial Center/Light (MIC/L) to Office (0), 1, and Low Density Residential (LDR) to Office (0) L09-065 Rezone--Manufacturing Industrial Center/Light (MIC/L) to Office (0), 1 and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC/L) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay (PRO) qf Zoning Lines Attachment D Wooden LLC 1".2oo, Office (0), amendment—Manufacturing Industrial CenterlLight (MLCIL) to c Comprehensive Plan DR) o Office (0) Li ht (M1C1L) to ice (0)' L -0 o Density Residential Industrial Center) 9 and Low Manufactu LDR) to pifice (0) M1CIL) to Office (0) Lgg _g o D Rezone—Man ufacturing nsity q and Low Density Residential Industrial Center ice (p) Proposed Manufacturing LDR) and Low Density Residential Public Recreation Overlay TO L o a) proposed 1.1R to x;11 \3 St v L Loft M1CIH (1) L DR worm Attathf W U-C T 68 ATTACHMENT F Comparison of Zoning Code Uses for MIC /L, LDR, and 0 Zones P Permitted, A Accessory, MIC /L LDR 1 O C Conditional, U Unclassified 1 I Adult day care 1 1 A I A 2 1 Adult entertainment (subject to location restrictions) 1 P 3 'Airports, landing fields and heliports (except emergency sites) 1 U 1 4 I Amusement Parks 1 15 'Animal rendering 1 1 6 Animal shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit) 7 Animal Veterinary, including associated temporary indoor boarding; access to an arterial required 8 I Automobile, recreational vehicles or travel trailer or used car sales lots 9 Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building) 10 I Beauty or barber shoes 11 Bed and breakfast lodging for not more than twelve guests 12 I Bed and breakfast lodging (no size limit specified) 13 Bicycle repair shops 1 P 14 Billiard or pool rooms 1 A 15 Boarding Homes 116 Brew Pubs 1 P 17 Bus stations 1 P 18 Cabinet shops or carpenter shops employing less than five people 19 Cargo containers for institutional uses (limit of 2) Type 2 decision 1 P 20 Cement manufacturing I U 21 Cemeteries and crematories 22 Child care Family Home 23 Child daycare centers I P 124 Churches and community center buildings 125 Colleges and universities 1 C 26 Commercial laundries 1 P 27 Commercial Parking (subject to restrictions) 28 Computer software development and similar uses 1 P 29 Contractors storage yards 1 P 30 Convalescent nursing homes for not more than twelve patients 31 Convalescent nursing homes for more than twelve patients 32 Convention facilities 33 Conversion of rental multi family structures to condominiums OR owner- occupied multi family housing (Conversion only, NO new construction) 134 1 Correctional institutes 35 1 Dwelling- Detached Zero -Lot Line Units 36 'Dormitory 37 'Drive-in theatres 38 Dwelling Single family (Includes site built, modular home or new manufactured home P P P C A C A C I P P P C A P C C P P P C 1 I I u I I I I I IAICIAI 1 1 1 P 6.7 /ac P Page 1 of 5 Attachment F P Permitted, A Accessory, C Conditional, U Unclassified 39A Dwelling- Duplex, triplex or four -plex 1 3 9B 'Dwelling- Townhouses up to 4 attached units 39C Dwelling Apartment houses, townhouses, row houses and condos 39D Dwelling Multi- family units above office and retail uses 40 Dwelling Senior citizen housing 41 Dwelling unit Accessory (Owner occupies one unit, parking, size A A limit, lot minimum requirements) 42 I Electrical Substation Distribution I C I C I C I I 43 I Electrical Substation Transmission/Switching I I I I 44 Essential public facilities, except those specifically listed as a permitted! U or conditional in any of the other zones 45 1 Farming and farm- related activities 46 J Financial, banking, mortgage, other services 1 P' P 147 1 Fire Police Stations 1 C C C I 148 1 Fix-it, radio or television repair shops /rental shops 1 P 149 1 Fraternal organizations 1 P 1 50 'Frozen food lockers for individual or family use 1 51 Garage or carport (private) not exceeding 1,500 sq. /ft on same lot as A residence 52 Greenhouses (noncommercial) and storage sheds not exceeding 1,000 A sq. /ft 53 !Greenhouses or nurseries (commercial) I 1 1 P 54 Hazardous substance processing and handling and hazardous waste treatment and storage facilities (on -site) subject to compliance with state siting criteria RCW Chapter 70.105 (See also Environmental p,7 Regulations, Chapter 21.08, Tukwila Municipal Code, TMC) MIC/L LDR 0 55 Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See also Environmental Regulations, Chapter 21.08, Tukwila Municipal Code, TMC) 56 !Heavy equipment repair and salvage j P 1 1 1 57 Heavy metal processes such as melting, blast furnaces, drop forging or drop hammering 58 Home Occupation (Max. 1 non resident worker, no exterior change, A A etc.) 59 I Hospitals, sanitariums, or similar institutes 1 1 1 C I 60 !Hotels 1 P 1 1 1 61 1 Hydroelectric and private utility power generating plants 1 U 1 1 1 62 Industries involved with etching, film processing, lithography, printing and publishing 63 !Internet Data Centers 1 P 1 1 64 Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are U U U significant environmental actions 165 'Laundries; self serve, dry cleaning, tailor, dyeing I P 1 1 P 166 1 Libraries, museums, or art galleries (public) j P 1 C 1 P 167 1 Manuf./Mobile home park (See Criteria) 1 1 Page 2 of 5 69 70 P Permitted, A Accessory, MIC/L LDR O C Conditional, U Unclassified 68 Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or C slaughtering) 69 Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses 70 Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging 71 Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P 72 Manufacturing, processing and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood 73 Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment 74 Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment 75 Manufacturing, processing, packaging of foods, such as baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant P foods, and meats (no slaughtering) 76 Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials 77 1 Mass transit facilities 1 78 I Medical and dental laboratories 1 79 1 Mortician and funeral homes 1 80 1 Motels 81 Offices including: medical, dental, government (excluding fire police stations), professional, administrative, business, e.g. travel, real estate commercial 82 Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing 83 Outpatient, inpatient, and emergency medical and dental commercial services 84 'Park ride lots 85 1 Parking areas 86 Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation 87 1 Pawnbroker 88 1 Plumbing shops (no tin work outside storage) U 1 u 1 U 1 1 1 P 1 1 1 1 1 P 1 1 P P P P C 1 1 C A 1 A 1 A P P P 1 1 1 1 1 1 1 1 Page 3 of 5 P Permitted, A Accessory, MIC/L LDR O C Conditional, U Unclassified 189 I Private stable with restrictions j I A I 90 I Radio, television, microwave, or observation stations and towers j C 1 C 1 C 91 1 Railroad freight or classification yards 92 I Railroad tracks (including lead, spur, loading or storage) I p I I I 93 I Recreation facilities (commercial indoor) athletic or health clubs I p I I p 94 Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges 95 Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields 96 Recreation facilities (public), including, but not limited to sports fields, C C C community centers and golf courses 97 !Recreational area and facilities for employees j A I I A 1 I 98 Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures 99 I Rental of vehicles not requiring a commercial driver's license I p I 1 100 Rental of commercial trucks and fleet rentals requiring a commercial I driver's license 101 I Residences for security or maintenance personnel 102A Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant 102 Restaurants including cocktail lounges in conjunction with a restaurant B 103 Retail sales of furniture appliances, automobile parts and accessories, liquor, lumber/bldg. materials, lawn &garden supplies, farm supplies 104 Retail sales, e.g. health/ beauty aids/ prescription drugs/ food/hardware/ notions /crafts /supplies/housewares electronics /photo- equip /film processing/ books /magazines/ stationery/ clothing/shoes /flowers /plants /pets /jewelry/ gifts /rec. equip/ sporting goods, and similar items. P A I I I P C P 105 Retail sales as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto- P oriented retail sales (e.g., drive -ins, service stations). 106 Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from C the above materials 107 Sales and rental of heavy machinery and equipment subject to landscaping requirements of Chapter 18.52 108 Salvage and wrecking operations. I I I I I 109 Salvage and wrecking operations which are entirely enclosed within a P building 110 I Schools and studios for education or self improvement P 1 I P 111 Schools, preschool, elementary, junior senior high schools (public), C C and equivalent private schools 1 112 I Secure community transition facility 113 !Self storage facilities p 114 I Sewage lift station U U 1 115 l Shelter p p 1116 I Shopping center, Planned (mall) 117 Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened P pursuant to Chapter 18.52 Page 4 of 5 71 72 P Permitted, A Accessory, MIC/L LDR 0 C Conditional, U Unclassified 118 Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a P front yard setback of 100 feet; security reauired 119 1 Stormwater- neighborhood detention treatment facilities 1 U 1 U 1 120 1 Stormwater pump station 1 1 U U 1 1 121 1 Studios Art, photography, music, voice and dance 1 P 1 P 1 1 1 122 'Taverns, nightclubs P 1 1 123 'Telephone exchanges P 1 P 1 124 Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code 125 Tow -truck operations, subject to all additional State and local P regulations 126 Transfer stations (refuse and garbage) when operated by a public U agency 127 I Truck terminals 1 P I I I 1 128 1 Warehouse storage and wholesale distribution facilities 1 P 1 1 1 129 I Water pump station 1 1 U 1 u 1 130 1 Water utility reservoir and related facilities 1 1 U 1 U 1 131 Wireless Telecommunications Facilities (subject to restrictions listed P P P under TMC 18.58) *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: Similar in nature to and compatible with other uses permitted out right within a similar zone; and 2. Consistent with the stated purpose of the zone; and 3. Consistent with the policies of the Tukwila Comprehensive Plan. 1 Within a specific area of LDR, MDR, and HDR along the Tukwila International Boulevard Corridor is a zoning overlay called Commercial Redevelopment Areas. Within these areas permitted uses in the adjacent commercial zones are allowed in the residential zones subject to public design review and specific criteria. 2 Owned and operated by the City of Tukwila. 3 Must be less than 20,000 square feet, conditional use over 20,000 square feet. Page 5 of 5 MIC/L Administrative design review is required for new developments within 300 feet of residential districts or within 200 feet of the Green/Duwamish River. 1 Lot area, minimum 1 Lot area per unit (multi- family), minimum Average lot width minimum, (20 ft. street frontage width) Setbacks to yards (minimum): Front Front, decks or porches Second front Second front (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) Sides o 2 floor o 3` floor Rear o 1 floor o 2 floor o 3` floor Height, maximum Comparison of Design Review Requirements Basic Development Standards for MIC /L, LDR, and 0 Zones Design Review Requirements LDR Design review is required for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. Basic Development Standards MIC/L I LDR I N/A 6,500 sq. ft. N/A 1 N/A 1 N/A 20 feet N/A 10 feet 15 feet None 20 feet 30 feet None 15 feet 20 feet I 30 feet 1 4 stories or 45 feet Design review is required for commercial structures 1,500 sq. ft. or larger. Commercial structures between 1,500 and 5,000 sq. ft. will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 sq ft. 1 Rear (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 0 50 feet 20 feet 15 feet 10 feet 10 feet 5 feet Sides (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) o 1st floor I 15 feet I 5 feet 5 feet 5 feet 10 feet l0 feet 10 feet 10 feet 30 feet ATTACHMENT G 0 N/A N/A N/A 25 feet N/A 12.5 feet 12.5 feet 10 feet 20 feet 30 feet stories or 35 feet 10 feet 10 feet 20 feet 30 feet 10 feet Page 1 of 2 Attachment G 73 Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements 1 Front Front (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) Second front Sides Sides (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) Rear Rear (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) Recreation space Off -street parking: Determined by use 74 5 feet 1 15 feet N/A None 15 feet None 15 feet N/A 3. Consistent with the policies of the Tukwila Comprehensive Plan. Basic Development Standards 1 MIC/L 1 LDR 1 O 1 N/A 15 feet 15 feet 12.5 feet 5 feet 10 feet 5 feet 10 feet N/A 2 parking spaces for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional Residential N/A parking may be required for home occupations and accessory dwelling units as otherwise proved by this title. See also TMC Chapter 18.56, Off -street Parking Loading Regulations. See TMC See Accessory Accessory dwelling unit N/A 18.10.030 Use section of this chapter Office, minimum 3 per 1,000 sq. ft. N/A 3 per 1,000 sq. ft. usable floor area usable floor area 2.5 per 1,000 sq. Retail, minimum N/A N/A ft. usable floor area 1 per 2,000 sq. ft. Warehousing usable floor area N/A N/A min. 1 per 1,000 sq. ft. Manufacturing usable floor area N/A N/A min. Other uses Refer to TMC Figure 18 -7, "Required Number of Parking Spaces for Automobiles and Bicycles" (attached) *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: 1. Similar in nature to and compatible with other uses permitted out right within a similar zone; and 2. Consistent with the stated purpose of the zone; and Page 2 of 2 86 To:City of Tukwila Depat talent of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, Wa. 98183 /4/1 y ZIC le: ATTcHNEvT H t am here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 115 Street. To whom it may concern: 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 3 914 South 117 Street Tukwila, Wa. 98168 RCCSIVED CITY OF TiKWdtA NAY 06 20in 'PERMIT CENTg. Attachment H 75 76 Stanley G Hoffman 3924 South -11 -4th Street Tukwila, WA 981 68 -1 91 3 206- 763 -1712 Sirs: The Health of Walker Hill 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 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 projects. My thought is the office project will not 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. Stanley i'bffrrian 87 December 22, 2009 Josh Johns E. Cobb Architects 911 Western Avenue #318 Seattle, WA 98104 Dear Mr. Johns, 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, Bruce Fletcher, Director Tukwila Parks and Recreation Department 1 4= ,,d A venue South Tukwila, WA 98168 (206) 767-2342. bruce @ci.tukwila.wa.us 1 a :.0 ..'..e__reL:4 =o 7 r n ATTACHMENT 2 MACADAM, LLC COMPREHENSIVE PLAN ZONING MAP HEARING DATE: July 22, 2010 NOTIFICATION: FILE NUMBER: L09 -067 (Comprehensive Plan Amendment) L 10 -002 (Rezone) APPLICANT: Macadam LLC REQUEST: STAFF REPORT TO THE PLANNING COMMISSION ATTACHMENT 2 A Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 Site posted, 7/13/10 Amend Comprehensive Plan/Zoning Map from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) LOCATION: 4300 S. 133 Street, Tukwila (Tax Parcel #261320 -0131) COMPREHENSIVE PLAN DESIGNATION: Commercial /Light Industrial (C/LI) ZONE DESIGNATION: Commercial /Light Industrial (C /LI) SEPA DETERMINATION: Determination of Non significance (DNS), 7/21/10 STAFF: Rebecca Fox ATTACHMENTS: A. Application (L09- 067) Comprehensive Plan B. Application (L10-002)—Zoning Map Change C. Minutes —City Council Regular Meeting, 7/6/10 D. Aerial vicinity with zoning E. Zoning map F. Topographic Survey Rf I 07/15/2010 W Users\ Minnie\ Minnie -PC Staff Reports \PC.Staff.Rpt.Macadam Becker doc 79 80 Vicinitv /Site Information FINDINGS Backeround and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) at 4300 S. 133 Street, Tukwila, WA (Parcel 261320 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work 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. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code- related work be complete by a date certain a condition of the change from Commercial /Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Site: The property is located on the corner of 44 Avenue South and S. 133 Street (4300 S. 133 Street). The property is bounded on three sides by S. 132n Street to the north, 44 Avenue South to the east, and S. 133 Street to the south. Macadam Road, to the Rf 2 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\PC.Staff.Rpt.Macadam- Becker doc west of the property, crosses over S. 133 via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single- family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial /light industrial and residential uses. The majority of the subject property contains environmentally sensitive areas, including Southgate Creek, a Type 2 salmon- bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial /Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single family homes that are immediately west of the property, and across Macadam Road /43 Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40 Avenue South. COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The proposed Comprehensive Plan change from C /LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi family housing to be built. Four broad reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Rf 3 07/15/2010 W \Users\Minnie\Minnie—PC Staff Reports\ PC.Staf£Rpt.Macadam Becker..doc 81 82 Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi family homes, including owner- occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single -and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi- family or single family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. This policy demonstrates the community's commitment to residential neighborhoods, including multi family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial/light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial /Light Industrial on the east, and the Low Density Residential on the west. 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. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. Rf 4 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports \PC.Staff.Rpt.Macadam-Becker. doc 2) Impacts MDR would allow housing on the now -vacant site. MDR zoning peimits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial /Light Industrial Zone. The proposed medium density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial /light industrial designation, would bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single family homes. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C /LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C /LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. Rf 5 07/15/2010 W \Users Minnie\Minnie -PC Staff Reports \PC.Staff.Rpt.Macadam- Becker doc 83 84 A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C /LI designation removes the option of future job producing business on the site. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential and to provide housing in a stable neighborhood. 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) Impacts? New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial /light industrial activity on the site. Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 3) Meeting identified public need? Other options? Designating new Medium Density Residential provides the option of additional housing for the area. Housing could be provided by designating the property as Low Density Residential (LDR) Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue producing development. 4) Benefit to the community? The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. New development that enhances the site's environmental characteristics benefits the community. The change to housing use, will remove the opportunity for a commercial /light industrial use. Rf 6 07/15/2010 W \Users \Minnie\Minnie -PC Staff Reports \PC.Staff.Rpt.Macadam Becker doc COMPREHENSIVE PLAN RECOMMENDATION: Staff recommends the following: Approve the Comprehensive Plan Map amendment of property located at 4300 S. 133 Street (Tax 2613200131) from Commercial /Light Industrial to Medium Density Residential with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. 2) In the event that the contract rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial /Light Industrial without further legislative action. FILE #L10 -002 ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan. Per the discussion of Comprehensive Plan Criteria (above), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: Plan Objective #1 —To improve and sustain residential neighborhood quality and livability Goal 3.1 Continue to provide the City's fair share of regional housing Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi family households. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ..."intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses..." Multi family duplex, triplex, fourplex units, townhouses up to four attached units, or detached zero lot -line units are permitted with heights up to 30 feet. One detached Rf 7 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\ PC .Staff.Rpt.Macadam- Becker..doc 85 86 single- family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial /light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well- suited to a carefully -sited multi family residential development, or Planned Residential Development (PRD). 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located. In a broad sense, allowing additional, denser multi- family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well- designed multi family residential development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety and comfort through good design. Site specific development will be planned carefully to accommodate both site specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. Rf 8 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\ PC .Staff.Rpt.Macadam Becker..doc 2) Consistency with Zone: The desired multi family residential zoning pennits a range of housing to be built, including duplex, tri-plex, four -plex and townhouses. 3) Chanced conditions: Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: New housing development is in the community interest. Residential development that is sensitive to the site's environmental characteristics benefits the community. ZONING RECOMMENDATION: Staff recommends the following: Approval of the Zoning map amendment for property located at 4300 S. 133 Street (Tax 2613200131) from Commercial /Light Industrial to Medium Density Residential with the following conditions: a) All code violation issues, including the conditions outlined in the Special Permission Director (File L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 2010. b) In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. Rf 9 07/15/2010 W \Users\Minnie\Minnie -PC Staff Reports\PC.Staff.Rpt.Macadam- Becker .doc 87 88 APPLICATION Planner: f2ebc' C. C.ct_ )c Application Complete (Date: 515-1 i 0 I Project File Number: L09-067 Application Incomplete (Date: i /2.4 I i' I Other File Numbers: L10-002 I Loq /if. s'pt'.C,r' Pe4 ts cti Q p).4 r) G w Z._. f; ,v a NAME OF PROJECT/DEVELOPMENT: Macadam LL C Development LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 4 7 3 0_0 5' 3 3, S S /33Ao. s� LIST ALL TAX LOT NUMBER (this information may be found on your tax statement). a C/ 6 3 —O is? D3 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: Barry Becker Address: 4446 South 131st Place, Tukwila WA 98168 Phone: 64s Y 4 r S FAX: 3 l!" tf t 8 i E -mail: e E. a Signature: 4 CITY OF TUKWILA COMPREHENSIVE PLAN Telephone: (206) 431 -3670 FAX (206) 931 -3665 Department of Community Development ra r p 6300 Southcenter Boulevard, Tukwila, WA 981 8; t1 €:'r.�, r.. E -mail: tukplan@ci.tukwila.wa.us r r F r AMENDMENTS P \Planning Forms Applications \CompPlan_'hg- 6- 06.doc FOR STAFF USE ONLY Permits Plus Type: P -CPA I File Number: Lam_. L:�_v:' L A11AULIPICdV 1 A L 0 Date: /2_ 2 S C3 cj• A I v-e rc, DPbf. 7 Attachment A STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: I. 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 grams the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 4'.3 d Q 5 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. 1 EXECUTED at aliL iMa (city), Wa (state), on 17. 12- c t 20 O 1 Print Name 41^ Jr lJ c ke re Address 4 /4/ 4 /6 S l st. /"l. w lsQ_ Phone Number d' Cir 8 S" �3 Signature ss On this day personally appeared before me Pirf'ti✓l, executed the foregoing instrument and acknowledged that and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS fi t t% lIHlt;d �iNY A. f"/ce dam 4,•4• '01,0N�F d� i 001AR e ®mom A(1BLio x,..17. i ge t 'i �6� R 5 P \Planning Forms Applications\ CompPlanChg-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: tukolan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY he/she signed the same as his /her voluntary act and deed for the uses DAY OF I�ZC4 Yln�2Y to me known to be the individual who /1,(t? a, CZ-- NOTARY PUBLIC in aVor the State of Washington residing at r, t My Commission expires on f f 'ZO 20 December 4, 2006 89 90 COMPREHENSIVE PLAN 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. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.050) Demonstrate how each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: 1. 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? 2. 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? 3. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. 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!) 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. 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; 7. 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; 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. P• \Planning Forms Applications CompPlariChg-6-06.doc, 12/04/06 Comprehensive plan change Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 i2.-Zo -UV 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) Comprehensive plan Amendment Criteria 1) We propose a Comprehensive plan change rezone for the East half of property from Commercial light Industrial to MDR to make the single owner contiguous property all residential which will be less environmental impact and topographically contiguous with the existing residential. (The West half of property will remain LDR) 2) This proposed Comprehensive Plan change will meet the need of the community by providing affordable housing. 3) The Proposed Change will be net benefit to the community by providing Medium Density Residential buffer between the existing Commercial Light industrial and the LDR to the West thus increasing LDR property values adjacent to the West and surrounding area. B) Comprehensive Plan Amendment Criteria 1) We propose a Comprehensive plan Amendment and Zone Change to Residential from Commercial Light Industrial to make very small available Industrial area (that is left after wetland buffers and Creek buffers) contiguous with adjacent property existing residential zoning. The Industrial property that is currently available is not adequate size to be developed for Commercial light industrial and is topographically cut off from the adjacent industrial properties to the east and South by a wetland and South Gate Creek. Thus it makes sense to make it Residential. 2) The anticipated impacts of new residential development will be minimize by for example we will provide onsite drainage that will mitigate impact on the City storm drain system and provide eco friendly wetland improvements and passive energy designed houses. 3) The current Comprehensive plan designation is deficient because the available industrial or commercial area is cut off by a small hill and wetland stream to the rest of the C/LR to the East. (Thus commercial traffic access through residential). 4) This proposal will work within the Growth Management Act and comply with requirements that may be identified. It will offer affordable residents with community enhancing inward focusing design to promote neighborhood and wellbeing safety. 5) This proposal provides goals that are specific in county planning such as following King County on site drainage requirements and wetland enhancement. 6) This proposal should have low to no impact on City infrastructure. With our proposed on site drainage we will have minimal impact on the storm drain system detention capacity and addition of 7 additional structures, residential sewer should be small percentage capacity increase with existing sewer and water laterals available in the adjacent streets. 7) This proposal should be minimal impact to City required capital improvements. 8) There are no other requested changes in City Code or regulations at this time. 1 91 EL--J. 7f L I I ol.p f5P-tf'e-Rry LINL -ig,szchis. Lae i,.PRoM kiHE�uL�1TI uM:F 'QQeS1na,nY41. --P Z. -ra: HEDt T- r: T i c" Nfa 1 Q.ESIPE -14N f?oP &r� *vim; 1. o.�. RW1J LgeftDPN Pe-A1f E. .3Y5IM PsemAll s�1 133 S`r almsli.4 P WP exisr 8wcoaE- sett IN) GAR M role Na.1) iomxii w,TN Ei A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T .23 N, R 4 E, W.M. King County, Washington Sectioai 15, T 23.-N, R. 4 E VICINITY MAP SCALE 1 INCH 1/4 14E Is 'LEGAL DESCRIPTION Parcel 7 54Gccb 0722 'That portion of Lot 48, Riverside interurban Tracts, as 'shown in Volume 10 of Plat .Page 74, Records of King County, Washington, lying north of South 133rd Street, east of 42nd Avenue South, and south of the south line of South 132nd Street; together With •the west half of vacated 43rd Avenue South adjoining, and EXCEPT state right -of -way. parcel S 1' 2=O Of 31 That portion of Lot 18, Fostoria Garden Tracts, as Shown in 'Volume 9 of Plats. Page 95, Records of 7Gng County, Washington, and vacated Squire Street, lying north -of Pacific Highway, EXCEPT the portion thereof' lying east of State Highway deeded by Ordinance No. 61B285 and except state highway right -of -way. RECEIVED DEC 3 0 2009 ^GOMMUN(TY- Planner: Rejo e cCc_ x Application Complete (Date: /5 /)o Application Incomplete (Date: 4i /Jo NAME OF PROJECT/DEVELOPMENT: DEVELOPMENT COORDINATOR The individual who: Name: CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98'188, Telephone: (206) 431-3670 FAX (206) 431 -3665 E -mail: tukplan @citukwila.wa.us P: \Planning Forms Applications \ZoneChng- 6- 06.doc File Number: FOR STAFF USE ONLY Permits Plus Type: P ZCA ATTA'NT B „ZiONIN G CODE AMENDMENTS LL k�� fr 1-1-o oo Project File Number: I Other File Numbers: 1 Spe frly✓Ir1l:tn 1 F A (9 g-. j 2 0 0q &'7 LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3o 0 S•. /53Ai) S77 13/34- .r- c r ifv S S t? 5'ieo LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). ')t- 1 2 p 3 S l (i✓ 1 i LI Tr y r i4- L, 1') I 9371 !,7 i4LlJ T E tl -c_'e f has decision making authority on behalf of the applicant in meetings with City staff, a 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. J 6c] e. Address: I V VW-, Phone: 2./a)1� c6 FAX: 4' 9 S. E -mail: 0.( tc-?_ Ce,cul f 0.- 7 6 tO tin 400 Signature: Date: Attachment B 93 94 STATE OF WASHINGTON EXECUTED at CITY OF TUKWILA SUBSCRIBED AND SWORN TO BEFORE ME ON THIS Departnzent of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@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. (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. DAY OF 20 NOTARY PUBLIC in and for the State of Washington on 9h lanning Fornis Applica tions \ZoneChng- 6- o6.doc December 4, 2006 residing at My Commission expires 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 95 96 Zone Amendment Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 12 -2809 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 1')y cVZ ot.t2 rytopf_Fry .6.)A/4, f 13312-4D 5 ETNI) F 1 1 11'1M 4 471. 7 C4 1 TPWV 4 W4 11 1 'TIE MEDVLIPMEPS.717(l.2t/ISW;£441 P••=1" H/4 G RaposEn RAN 4PP€14 1 '5Y5TtPC '51 N -1)4F:n. .124ifrEg rsIs-r lTh/ BPJC- 2 cA94044.100-4.4.- 2.1 FC:r2, -01 .1 A Portion of the NW 1/4 of -tho NE -11/4, Se. 15,. T .23 At, 4 !Er, W.M. King 'County,: Washington Sectiori 15, T 23. N R. 4 E !VICIIY1TY MAP SCALE 1 INCI:1 I/444XE LEGAL DeSCRIP.TION. Faroe/ 1: .7415Co ot.22. That po'rtion. of LOt. 48, Riverside 'interurban • . alio= n Volunie 10 of Plat., .Page 74, Record at King CoUnty, Wairizington, lying north of South I Street, enit of 42,2d Avenue South, and south of the south line of South I32nd'•Street; together frith the 'west-half ot vacated 43rd Avenue South adjoining, and IOCCEPT state. highiray right—of.-Iroy, Parel 2C That' of Lc f. 18, Fostoria .Carden *Trot, as .itfivivn in ,"Vtiltune 9 of Plats Raga 95, Records of FJng 'Sotto ty,. Washington, and vacated Squire Street, lying north .of-Pacifie Highway, EXCEPT the portion thereof 'lying 'east of State Highway' deeded by Ordinance 618285 and. eicept state hig.broy right—of—vray. RECE1\51-) ncr LEGEND rouN7 BRASS MON IN CASE 150. 2002 SET 5/8' RE -BAR CAP FEBRUARY 2002 5EI4ER MANHOLE STORM DRAIN MANHOLE ROCK WALL 5 BLOCK WALL CRAPE. SURrACE FENCE TREE CURVE TABLE EL IA I RADIUS I LENCIN 60821 1570.00 1160.36 7'58'00" 1 115.80 1117.16 510'01' 1985.37 1 88.86 LINE TABLE 7/RECfON DISrANCe V 0906'00" E 28.30' 1 V 0055'45 E 67.90' 1 V 7640'45 W 68.51' 1 V 520725' W 61.85' 1 5018'45' IV 47.06' 1 DEARINC. KIND E DATA: n ISO.ea' A1.4170'35 L4109.71" 1 5 ti 5e COUNIY ASSE550.715 MAR I r� _Y,__t._• 1 CJ f i N 597 4 I ola I -9 1 911 W ,i4 y�1 1 1 a s! a �f y w G I t I 1 1 A\ r ,1 A P•reel No. 734.10-0 i 4 f •+1. 9. Loos AG ES 1 71 1 1 LDR 5 Ti. P y 11' A, ,1 _a L 7 ,y W q. o 1 Z Jt y J, Ji n 1 f Gr,.:.1 4116 I CL YE -5.:•,1 1 R is .l•8 W z N' T ,1 s v 1 C %L! :I, ZT .1 b e Y 9 1 1 31 y� r Y' Z O a.F. .h .1', a u+ Sp, Aw a n 7D C TOPOGRAPHIC SURVEY MAP for IE 6 NE: 7.69 IE 6 5E: 7.59 SSUH 7UK11ILA 4 RIM: 15.35 IE r 5.10 rt 0410, 54150.110' a 57_5500' 1.150.57' �Scd932'IS °.E i156.'li7 d J 7 S. 133rd Street 1 1 87 0 I 1 ,I r 747.6] jI I J 50 0 50 150 Scale I' SO fl 5540 TUIRNLA 1 54: 15.17 IE e' NW. 5.47 1E 6' NE: 6.17 IE r SE: 6.11 LEGAL DESCRIPTION Parcel A That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records of King County, Washington, lying north of South 133rd Street; east of 42nd Avenue South, and south of the south line of South 132nd Street; together with the west hell of vacated 43rd Avenue South adjoining,, and EXCEPT state highway right of way Parcel B That portion of Lot 18, Fostoria Carden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right –of –way, VERTICAL DATUM: NA VD 1988 BENCHMARK: CP17005 -264 WSDOT BRASS DISK IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINLINE OF NB SR5 AND THE ON —RAMA FROM INTERURBAN AVE. ELEVATION a 25.99 FEET. A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T 23 N, R 4 E, W.M. King County, Washington Section 15, T 23 N, R 4 E Tukwila City Council Regular Meeting Minutes July 6, 2010 ATTACHMENT C Page 3 of 6 MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1719. 2. A resolution declaring two aged and obsolete Fire Department Amkus Rescue Systems and accessory equipment surplus and authorizing their donation. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING TWO AGED AND OBSOLETE AMKUS RESCUE SYSTEMS AND ACCESSORY EQUIPMENT SURPLUS, AND AUTHORIZING: THEIR DONATION. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1720. b. 2010 Comprehensive Plan Amendments. (The Council may: Refer the proposal as is to the Planning Commission for further review; or Modify the proposal and refer to the Planning Commission for further review; or Defer consideration until a'later time to get more information; or Reject the proposal.) MOVED BY ROBERTSON, SECONDED BY DUFFIE TO REFER THE PROPOSAL AS IS TO THE PLANNING COMMISSION FOR FURTHER REVIEW AND A RECOMMENDATION.* Frank Firmani, 2400 NW 80 Street, #162, in Seattle, explained he is confident they can work proactively with neighbors and the Friends of the Duwamish during the planning process. Mayor Haggerton asked if he is speaking in favor of the motion, and Mr. Firmani responded in the affirmative. *MOTION CARRIED 6 -0. c. Noise Regulations: 1. An ordinance updating regulations relating to noise as codified at Tukwila Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE ORDINANCE RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFLE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2293. 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. Attachment C 9 9 100 L09-067 Comprehensive Plan amendment--Commercial/Light Industrial (C/L1) to Medium Density Residential (MDR) L10-002 Rezone—Commercial/Light industrial (CU) to Medium Density Residential (MDR) 7)V/2 Commercial/Light Industrial (C/L1) to Medium Density Residential (MDR) Zoning Lines ATTACHMENT D Wat Macadam LLC 419 Proposed CL /I to MDR 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) 4 Zoning Lines ATTACHMENT E Macadam LLC 1 "e400° I� 101 LEGEND FOUND BRASS MONUMENT IN CASE FEB. 2002 SET 5/8' RE -BAR CAP FEBRUARY 2002 SEWER MANHOLE STORM DRAIN MANHOLE ROCK WALL a BLOCK WALL j CRAWL SURFACE FENCE TREE CURVE TABLE EL IRAOIUS ILENCBII 6'0821" 1570.00 1160.55 75800' 1 115.80 1117.16 I 510'01" 1985.37 1 88.86 1 LINE TABLE 1 7IRECRON IDISTANCEI V 09 06'00" E I 28.30' 1 V 8056'45' E 1 67.90'' V 76'40'45" W I 68.51' 1 V 62 '0725" W I 61.85' i 5078'45" W I 47.06' I N 76 )4�4• 1 14103 i/ SEARING: K1NC COUNTY ASSESSORS MAP 69'34'53" W' Q DATA, R•150.60' 8.41'29'38' 1-109.21' LDR O s w f o Al j F 1 h Parcel No. 734•!90 -0772 1.005 ACA 131 Macadam Rot d S. 'DR ,r vv :$:.89 rSt"�65 i 1 5 8952'15' 6 3,;.72' 7 S. 133rd Street Scale 1' 50 11 TOPOGRAPHIC SURVEY MAP for Mr. Barry Becker SS84 1UKWILA 4 RIO: 18.80 r NW: 8.10 IE 6' NE 7.69 1E 6' SE 7.59 1 A., C3 7 1 1 50 0 50 150 11 r DATA: 9-150.80' e- 5738'00 L- 152.5r LEGAL DESCRIPTION Parcel That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records of King County, Washington, lying north of South 133rd Street, east of 42nd Avenue South, and south of the south line of South 132nd Street; together with the west half of vacated 43rd Avenue South adjoining, and EXCEPT state highway right -of -way Parcel 8 That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of -way 50141 IUKWLA 1 R 18.97 IE E' MK 6.47 IE 8' NE: 6.47 10 8' SE: 6.42 VERTICAL DATUM: NAVD 1988 BENCHMARK: GP17005 -264 WSDOT BRASS DISK IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINLINE OF NB SR5 AND THE ON —RAMP FROM INTERURBAN AVE. ELEVATION 25.99 FEET. 11 SITE 4; CO CO A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T 23 N, R 4 E, W.M. King County, Washington Section 15, T 23 N, R 4 E Southgate i3W0 51. .1 Perk n e 0Pg. 44, DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map, and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Comprehensive Plan amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of the application to amend the Comprehensive Land Use Map designation, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be best served by approving the application to amend the Comprehensive Land Use Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. 1 Word Processing \Ordinances \Comp Plan Amend Macadam 1.doc RF:mrh 08/16/2010 Page 1 of 2 Attachment 2B 103 104 Section 2. Re- designation Approved. The property located at 4300 S. 133rd Street, including Tax Parcel #2613200131 and described in the attached Exhibit 2, is hereby approved to be re- designated from Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following: A. All requirements of the following contract rezone must be met including: 1. All code violation issues, including the conditions outlined in the Special Permission (File L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event that the above condition is not met by the deadline above, the Residential designation shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. B. In the event that the rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial /Light Industrial without further legislative action. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show this change in designation. Section 4. 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 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W Word Processing\ Ordinances \Comp Plan Amend Macadam 1.doc RFanrh 08/16/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number: Attachments: Exhibit 1 Findings and Conclusions, Planning Commission Staff Report (File #L09 -067 L10 -003) Exhibit 2 Legal Description Exhibit 3 Comprehensive Plan Map Page 2 of 2 W Word Processing\ Ordinances\ Comp Plan Amend Macadam 1.doc RF:mrh 08/13/2010 EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File L09 -067 and L10 -003) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) at 4300 S. 133 Street, Tukwila, WA (Parcel 261320 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perfoini work 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. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The property is located on the corner of 44 Avenue South and S. 133 Street (4300 S. 133 Street). The property is bounded on three sides by S. 132 Street to the north, 44 Avenue South to the east, and S. 133 Street to the south. Macadam Road, to the west of the property, crosses over S. 133 via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single- family house located on the adjacent lot, also owned by the applicant, Page 1 of 6 105 106 immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally sensitive areas, including Southgate Creek, a Type 2 salmon- bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C /LI) zoning and uses, and Low Density Residential (LDR) zoning and single family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single family homes that are immediately west of the property, and across Macadam Road/43 Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40 Avenue South. COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The proposed Comprehensive Plan change from C /LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi family housing to be built. Four broad reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi family homes, including owner occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. W. \Word Processing \Ordinances \Comp Plan Amend Macadam 1.doc RF:mrh 08/13/2010 Page 2 of 6 Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi- family or single family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods, eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. This policy demonstrates the community's commitment to residential neighborhoods, including multi- family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial /light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial /Light Industrial on the east, and the Low Density Residential on the west. 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. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. 2) Impacts MDR would allow housing on the now vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial/Light Industrial Zone. The proposed medium density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial/light industrial designation, would W Word Processing \Ordinances \Comp Plan Amend Macadam 1.doc RF:mrh 08/13/2010 Page 3 of 6 107 108 bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single- family homes. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and /or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C /LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C /LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job producing business on the site. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential and to provide housing in a stable neighborhood. 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. W \Word Processing\ Ordinances Comp Plan Amend Macadam 1.doc RF:mrh 08/13/2010 Page 4 of 6 Impacts? New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 2) Meeting identified public need? Other options? o Designating new Medium Density Residential provides the option of additional housing for the area. Housing could be provided by designating the property as Low Density Residential (LDR) Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue producing development. 3) Benefit to the community? The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. New development that enhances the site's environmental characteristics benefits the community. o The change to housing use, will remove the opportunity for a commercial/light industrial use. W. \Word Processing\ Ordinances\ Comp Plan Amend Macadam 1.doc RF:mrh 08/13/2010 Page 5 of 6 109 110 That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W Word Processing \Ordinances \Comp Plan Amend Macadam 1.doc RF:mrh 08/13/2010 EXHIBIT 2 Page 6 of 6 Proposed CL /I to MDR 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 i Medium Density Residential (MDR) Zoning Lines EXHIBIT 3 Macadam LLC 1'a400' 1- 112 RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL/LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long -term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Code and Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Zoning Code and Map amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved subject to contract. The property located at 4300 S. 133 Street, including Tax Parcel #2613200131 described in the attached Exhibit 2, and shown on the map as Exhibit 3, is hereby approved to be rezoned from W \Word Processing\ Ordinances \Comp Plan Amend Macadam 2.doc RFanrh 08 /16/2010 Page 1 of 2 Attachment 2C 113 114 Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following conditions, including: 1. All code violation issues, including the conditions outlined in the Special Permission (File L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. 3. In the event the rezone is voided, the Comprehensive Plan Medium Density Residential rezone shall revert to Commercial /Light Industrial without further legislative action. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official zoning map to show this change in zoning. Section 4. 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 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED• Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit 1 Exhibit 2 Exhibit 3 W: \Word Processing Ordinances \Comp Plan Amend Macadam 2.doc RF:mrh 08/16/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number: Findings and Conclusions, Planning Commission Staff Report (File #L10 -002), July 22, 2010 Legal Description Zoning Code Map Page 2 of 2 Backeround and Proiect Description The applicant, Barry Becker /Macadam LLC, is requesting to re- designate one vacant parcel from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) at 4300 S. 133 Street, Tukwila, WA (Parcel 261320- 0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) Findings and Conclusions Planning Commission Staff Report (File L10 -002) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd EXHIBIT 1 The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill, and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perfoini work 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. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code related work be complete by a date certain a condition of the change from Commercial /Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement are not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinitv /Site Information Site: The property is located on the corner of 44 Avenue South and S. 133 Street (4300 S. 133 Street). The property is bounded on three sides by S. 132 Street to the north, 44 Avenue South to the east, and S. 133 Street to the south. Macadam Road, to the west of the property, W. Word Processing \Ordinances \Comp Plan Amend Macadam 2.doc RF:mrh 08/13/2010 Page 1 of 5 115 116 crosses over S. 133 via a bridge. The 1.72 -acre site is vacant except for a wooden garage that is associated with the single- family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial /light industrial and residential uses. The majority of the subject property contains environmentally sensitive areas, including Southgate Creek, a Type 2 salmon bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C /LI) zoning and uses, and Low Density Residential (LDR) zoning and single family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C /LI zone to the north, south and east. Topography separates the subject property from single family homes that are immediately west of the property, and across Macadam Road/43 Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40 Avenue South. REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the Comprehensive Plan. Per the discussion of Comprehensive Plan Criteria (above), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: Plan Objective #1 —To improve and sustain residential neighborhood quality and livability; and Goal 3.1 Continue to provide the City's fair share of regional housing; and Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single and multi family households. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is "intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses... W Word Processing\ Ordinances Comp Plan Amend Macadam 2.doc RF:mrh 08/13/2010 Page 2 of 5 Multi- family duplex, triplex, four -plex units, townhouses up to four attached units, or detached zero -lot -line units are peiniitted with heights up to 30 feet. One detached single family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial/light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse, and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well suited to a carefully sited multi family residential development, or Planned Residential Development (PRD). 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located. In a broad sense, allowing additional, denser multi family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well designed multi family residential development would benefit the community more, than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety, and comfort through good design. Site specific development will be planned carefully to accommodate both site specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. 2) Consistency with Zone: The desired multi family residential zoning peimits a range of housing to be built, including duplex, tri-plex, four -plex, and townhouses. W Word Processing \Ordinances \Comp Plan Amend Macadam 2.doc RF:nuh 08/13/2010 Page 3 of 5 117 118 3) Changed conditions: Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: New housing development is in the community interest. Residential development that is sensitive to the site's environmental characteristics benefits the community. W \Word Processing\ Ordinances Comp Plan Amend Macadam 2.doc RF:mrh 08/13/2010 Page 4 of 5 LEGAL DESCRIPTION That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W Word Processing \Ordinances \Comp Plan Amend Macadam 2.doc RF:mrh 08/13/2010 EXHIBIT 2 Page 5 of 5 119 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) C .;;2m Zoning Lines 1 n EXHIBIT 3 ft Macadam LLC r"_400' ZONING MAP ATTACHMENT 3 TUKWILA SOUTH ANNEXATION 121 HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: SEPA DETERMINATION: STAFF: ATTACHMENTS: STAFF REPORT TO THE PLANNING COMMISSION July 22, 2010 Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 L 10- 034(Rezone) City of Tukwila Establish underlying zoning in the Tukwila South Annexation area that is consistent with the Comprehensive Plan designation Tukwila South Annexation Area Approximately 259 acres generally located south of South 188 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.) Low Density Residential (LDR), Mixed Use Office (MUO), Tukwila Valley South (TVS) None Determination of Non significance (DNS), July 21, 2010 Rebecca Fox A. Application #L10- 034 Zoning Map Change B. Minutes —City Council Regular Meeting(July 6, 2010) C. Zoning map 1 2 2 Rf 1 08/18/2010 H: \COMP PLAN 2009- 2010\Planning.Commission \Tukwila South\ Final-- PC.Staff.Rpt.Tukwila.South.doc FINDINGS Background and Project Description 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. No Comprehensive Plan amendment is required. 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 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. 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 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 teiminates prior to the expiration of its teen. Reauirement for consistency between Comprehensive Plan land use map 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. Rf 2 08/18/2010 H:\COMP PLAN 2009- 2010\Planning Commission \Tukwila South\ Final-- PC.Staff.Rpt.Tukwila.South.doc 1 23 Issue: The City Attorney has indicated that the Annexation Ordinance 2241) established the Tukwila South overlay zone as the applicable zoning for the annexed area. 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, The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: Tukwila South Annexation Area Approximately 259 acres in the southern portion of the Tukwila South project area, generally located south of South 188 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. FILE #L09 -002 ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan The Washington State Growth Management Act (1990) requires that the City of Tukwila adopt development regulations including zoning that are consistent with and implement the Comprehensive Plan. The proposed rezone adopts zoning in the Tukwila South Annexation Area This action makes zoning in the Tukwila South Annexation Area consistent with established Comprehensive Plan, as required by Ordinance #1758. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. The proposed amendment to the zoning map establishes zoning in an area that was annexed without underlying zoning, and makes the new zoning consistent with established Comprehensive Plan designations. The current Comprehensive Plan designation and the proposed underlying zoning in the 1 2 4 Rf 3 08/18/2010 H: \COMP PLAN 2009- 2010\Planning.Commission \Tukwila South\ Final-- PC.Staff Rpt.Tukwila.South.doc Tukwila South Annexation Area are: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Conditions have changed because the subject area was recently annexed into the City of Tukwila, and through oversight, did not receive zoning that is consistent with the pre- existing Comprehensive Plan designation. Comprehensive Plan designations were established when the area was in Tukwila's Potential Annexation Area (PAA) and was still under King County's jurisdiction. Inadvertently, zoning that is consistent with these Comprehensive Plan designations was not adopted at the time of its annexation to Tukwila. Instead, a supplemental zoning overlay "Tukwila South Overlay District was established as the zoning for the entire Tukwila South project area, including the newly annexed area. The proposed rezone corrects this error. 4. The proposed amendment to the Zoning Map will be in the interest and furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located The Zoning map and Comprehensive Land Use Plan map categories must be the same. This map change makes underlying zoning for recently annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area, as is required. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: Comprehensive Plan and zoning classifications must be consistent. Adopting Low Density Residential (LDR), Mixed Used Office (MUO) and Tukwila Valley South (TVS) zoning in the Tukwila South annexation area will make zoning consistent with the existing Comprehensive Plan designations as required. 2) Consistency with Zone: The proposed zoning is the same as the existing Comprehensive Plan designation. There is no change. 3) Changed conditions: The Tukwila South Annexation Area recently became part of the City of Tukwila without establishing underlying zoning being established that is in line with the existing Comprehensive Plan designations. Rf 4 08/18/2010 H: \COMP PLAN 2009- 2010\Planning.Commission \Tukwila South\ Final-- PC.Staff.Rpt.Tukwila.South.doc 125 126 Although supplemental zoning and development regulations were established "Tukwila South Overlay District underlying zoning is still required. 4) Community interest: Zoning that is consistent with the Comprehensive Plan is a requirement of the Washington Growth Management Act, and Tukwila Ordinance #1750 that adopts the Zoning Code. ZONING RECOMMENDATION: Recommendation: Staff recommends the following to correct the inconsistency: Establish "underlying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. Rf 5 08/18/2010 H: \COMP PLAN 2009- 2010\Planning.Commission \Tukwila South\ Final-- PC.Staff.Rpt.Tukwila.South.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING ZONING THAT IS CONSISTENT WITH EXISTING COMPREHENSIVE PLAN DESIGNATIONS FOR 259 ACRES OF REAL PROPERTY REFERRED TO AS THE TUKWILA SOUTH ANNEXATION AREA PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long -term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Zoning Map amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation, and WHEREAS, notices of public meetings and public hearings were published in The Seattle Tinzes, posted on site, and mailed to surrounding properties; and WHEREAS, the Comprehensive Plan and zoning designations must be the same; and WHEREAS, upon its annexation to Tukwila, the Tukwila South Annexation Area had Comprehensive Plan designations of Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS), but did not receive zoning that is consistent with the Comprehensive Plan designations; and WHEREAS, this created an inconsistency between the Comprehensive Plan designation and the zoning classification, and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ordinances \Zoning Map Amend TUKWILA SOOTH.doc RF:mrh 08/16 /2010 Page 1 of 2 Attachment 3B 127 128 Section 1. Findings and Conclusions Adopted. The City Council hereby adopts Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Zoning Established. The property located south of South 188th Street on the north, South 204th Street on the south, Orillia Road and Interstate 5 on the west; and the Green River on the east including the following: PARCEL #352304 -9050, #352304 -9078, #352304 -9041, #352304 -9117, #022204 -9037, #022204 -9040, #022204 -9033, #352304 -9016, #022204 -9008, #352304 -9066, #352304 -9065, #022204 -9043, #022204 -9057, #032204 -9047, #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, #032204 -9062, #032204 -9049, as described in the attached Exhibit 2 and shown on the map as Exhibit 3, is hereby approved to be zoned as Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS) as consistent with the existing Comprehensive Plan designation and as shown on Exhibit 4. Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official zoning map to show this change in zoning. Section 4. 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 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit 1 Findings and Conclusions, Planning Commission Staff Report (File #L10 -034), July 22, 2010 Exhibit 2 Legal Description Exhibit 3 Zoning Map Exhibit 4 Comprehensive Plan Designations Map W \Word Processing \Ordinances \Zoning Map Amend TUKWILA SOUTH.doc RF:inrh 08/16/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 Findings and Conclusions #L10 -034) July 22, 2010 Establish zoning in Tukwila South Annexation Area EXHIBIT 1 Background and Project Description 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. No Comprehensive Plan amendment is required. 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 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. 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 man: 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 the Tukwila South overlay zone as the applicable zoning for the annexed area. 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. W \Word Processing\ Ordinances\ Zoning Map Amend-- TUKWILA SOUTH.doc RF:mrh 08/13/2010 Page 1 of 3 129 130 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, The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinitv /Site Information Site: Tukwila South Annexation Area Approximately 259 acres in the southern portion of the Tukwila South project area, generally located south South 188 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. FILE #L09 -002 ZONING MAP AMENDMENT /REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan The Washington State Growth Management Act (1990)requires that the City of Tukwila adopt development regulations including zoning that are consistent with and implement the Comprehensive Plan. The proposed rezone adopts zoning in the Tukwila South Annexation Area This action makes zoning in the Tukwila South Annexation Area consistent with established Comprehensive Plan, as required by Ordinance #1758. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. The proposed amendment to the zoning map establishes zoning in an area that was annexed without underlying zoning, and makes the new zoning consistent with established Comprehensive Plan designations. The 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). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). 1 There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Conditions have changed because the subject area was recently annexed into the City of Tukwila, and through oversight, did not receive zoning that is consistent with the pre- existing Comprehensive Plan designation. W Word Processing\ Ordinances Zoning Map Amend-- TUKWILA SOUTH.doc RF:mrh 08/13/2010 Page 2 of 3 Comprehensive Plan designations were established when the area was in Tukwila's Potential Annexation Area (PAA) and was still under King County's jurisdiction. Inadvertently, zoning that is consistent with these Comprehensive Plan designations was not adopted at the time of its annexation to Tukwila. Instead, a supplemental zoning overlay "Tukwila South Overlay District was established as the zoning for the entire Tukwila South project area, including the newly annexed area. The proposed rezone corrects this error. 4. The proposed amendment to the Zoning Map will be in the interest and furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located The Zoning map and Comprehensive Land Use Plan map categories must be the same. This map change makes underlying zoning for recently annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area, as is required. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: Comprehensive Plan and zoning classifications must be consistent. Adopting Low Density Residential (LDR), Mixed Used Office (MUO) and Tukwila Valley South (TVS) zoning in the Tukwila South annexation area will make zoning consistent with the existing Comprehensive Plan designations as required. 2) Consistency with Zone: The proposed zoning is the same as the existing Comprehensive Plan designation. There is no change. 3) Changed conditions: The Tukwila South Annexation Area recently became part of the City of Tukwila without establishing underlying zoning being established that is in line with the existing Comprehensive Plan designations. Although supplemental zoning and development regulations were established "Tukwila South Overlay District underlying zoning is still required. Community interest: Zoning that is consistent with the Comprehensive Plan is a requirement of the Washington Growth Management Act, and Tukwila Ordinance #1750 that adopts the Zoning Code. W \Word Processing \Ordinances \Zoning Map Amend-- TUKWILA SOUTH.doc RF:mrh 08/13/2010 Page 3 of 3 131 132 PARCEL 352304 -9050: LEGAL DESCRIPTION OF THE ANNEXED PROPERTY Exhibit 2 THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTII 05 °44' 13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87 °57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGIIT- OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57'17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36 -00; THENCE SOUTH 82 °46'30" WEST 59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134,83 FEET TO TIIE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9041: THAT PORTION OF THE SOUTHWEST %4 OF THE SOUTHWEST 1/4 AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474 00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54 25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9117: THAT PORTION OF THE SOUTHEAST 'A OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS• BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40 00 FEET WIDE); THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50 00 133 134 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET; THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28" EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100 00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 `FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING, EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HER.EINABOVE DESCRIBED, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS• BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181 50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTIIERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140 14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M,, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40" EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY 135 136 RIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9008: THAT PORTION OF THE NORTHWEST 'A OF THE NORTHWEST 'A OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF TIIE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASI- HNGTON. PARCEL 352304 -9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188T1--I STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9065: THAT PORTION OF THE SOUTHWEST 1/4 OF TIIE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH 15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 9043: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS• BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320 85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 1 /4 OF THE NORTHWEST'/ OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS• BEGINNING AT 137 138 THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTIJ 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 9047: THAT PORTION OF THE NORTHEAST'' /4 OF THE NORTHEAST 1/4 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO, 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 9106: A PORTION OF THE WEST V2 OF THE NORTHWEST'/ OF SECTION 2 AND THE EAST V2 OF THE NORTHEAST OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE P.ARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTII 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL 023900 0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST'/ OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND 139 140 EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9006: THE SOUTHEAST 1/4 OF THE NORTHEAST OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT OF -WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1 /4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93 58 FEET TO A POINT ON A NON TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT OF -WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROAD WAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT 141 142 THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF TIIE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00 °30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00 °25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89 °40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00 °30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9092: THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST'/ OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE SOUTPI LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST %4; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9093: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822 5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST Y OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD, THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHI LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527 5 FEET SOUTH AND 1,184 5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL 032204 9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M DESCRIBED AS FOLLOWS: 143 144 BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTHH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH .58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST 68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH 49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO TIIE SOUTHWEST 93.58 FEET TO A POINT ON A NON TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY, FOR TIIE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG TIIE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH 27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET; THENCE SOUTH 51 °58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; 145 146 PARCEL B: THAT PORTION OF TIIE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overllays and Sub Areas Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District zoning EXHIBIT 3 T r CCorp o rate Dr N Blvd a I Corporate Dr S Establish Tukwila South Annexation Area Zoning GIS Tukwila 1"..3 MMES H:\PLANNING \Comp Plan Zone Amend \2010 com_zone amend\Estab Tuk south overlay dist letter line.mxd Legend 03 LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas 0 ®a Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District COMPREHENSIVE PLAN DESIGNATIONS EXHIBIT 4 CH C Co)porate Dr N 5 Blvd o Corporate Dr S GIS Tukwila Establish Tukwila South Annexation Area Zoningit N P'. 3 MILES H:IPUWNING1Comp Plan Zone Amend12010 com_zone amendlEstab Tuk south overlay dist letter line.mxd COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes August 23, 2010 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Staff: Guests: I. PRESENTATIONS No presentations. City of Tukwila Community Affairs and Parks Committee Joe Duffie, Chair; Joan Hernandez and Verna Seal Bob Giberson, Jack Pace, Rebecca Fox, Pat Brodin, Steve Lancaster and Kimberly Matej Louis Jones —Brown (Tukwila Historical Society), Frank Fermani (Wooden III, LLC) and Chuck Parrish (resident) CALL TO ORDER: Committee Chair Duffle called the meeting to order at 4:58 p.m. II. BUSINESS AGENDA A. Renewal of Gambline Moratorium Staff is requesting Council approval to renew a moratorium on establishments conducting social card game gambling activities. The City Council originally passed a six month moratorium on March 22, 2010, which is set to expire on September 22, 2010. Due to draft legislation currently being worked on at the state level, staff is seeking renewal of the moratorium for an additional six months. A public hearing will be set for September 13, 2010. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION AND PUBLIC HEARING. B. Comprehensive Plan Amendments Staff is seeking full Council approval to amend the City's Comprehensive Plan as well as relative Zoning Code amendments. On July 6, the City Council approved the forwarding of three Comprehensive Plan amendments (two public, one City) to the Planning Commission for review, consideration and recommendation. Three applications have been submitted for the City's consideration as described below followed by the Planning Commission's recommendation: An application to redesignate and rezone 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). The properties total 0.36 acres. Planning Commission Recommendation: Deny application for Comprehensive Plan amendment; and deny application for re -zone. Committee Member Seal expressed an interest in reconsideration of staff's original recommendation to approve this application. She discussed the current downturned economy and the potential for this change as a positive addition to the community. She is in support of staff reasons for approval as discussed in the relevant staff report (see Attachment 1, beginning on page 27 of the Committee agenda packet). Committee Chair Duffle concurred that he would support a discussion of reconsideration. Committee Member Hernandez stated that she is not ready to make a recommendation for this item as she prefers to hear public hearing comments first. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION PUBLIC HEARING. 149 150 Community Affairs Parks Committee Minutes August 23. 2010 Paae 2 An application to redesignate and rezone one property located at 4300 South 133` Street from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR). The lot is approximately 1.75 acres, and the applicant seeks to construct housing. Planning Commission Recommendation: Approve Comprehensive Plan amendment and re -zone under the conditions that all remediation and enhancement for sensitive areas are met no later than December 31, 2010. If conditions are not met, the re -zone will revert back to the previous zoning without further legislative action. Applicant is aware of and agrees to conditions. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION PUBLIC HEARING. Application from the City to establish underlying zoning for the Tukwila South Annexation area (owner is aware of need for underlying zone, and has no objection). Establishes Mixed Use Office (MUO), Low Density Residential (LDR) and Tukwila South zoning, correcting the current inconsistency between the Comprehensive Plan Land Use Map and the Zoning Map. Planning Commission Recommendation: Approve re -zone. Establish underlying zoning to reflect consistency in Comprehensive Plan Land Use Map and the Zoning Map FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION PUBLIC HEARING. Committee Member Hernandez mentioned that she is not comfortable with providing a recommendation for any item above until she hears public hearing comments. C. Recommendation for Use of City Property Staff is seeking Council approval of a draft resolution which supports use of the building located at 14475 59 Avenue South (most recently utilized as the Tukwila Library) by the Tukwila Historical Society for the storage and display of collections and other appropriate artifacts as related to Tukwila's history. Mr. Lancaster confirmed that an evaluation was conducted for the usefulness of the above building related to City departments. No specific City use has been identified, and staff has recommended making the building available for community use as appropriate (see Finance Safely Committee minutes dated August 17, 2010, and Committee of the Whole agenda packet for the August 23, 2010, meeting). As mentioned above, the draft resolution indicates the Historical Society will be granted use of the building, will be allowed to secure funding to meet building and fire code requirements, and authorizes the Mayor to enter into a no -cost lease agreement, with the intention that the lease would be extended based on successful establishment of the proposed heritage and cultural center. Currently, the draft resolution states the lease will be three -years in duration; however, based on a brief discussion at the Committee, Administration is willing to reconsider the length of the lease based on Council preference. Committee Member Seal inquired about the draft resolution reference to the City continuing to provide utilities and general maintenance to /for the building. Staff will provide information regarding the historical costs of the utilities and general maintenance when this item comes forward to COW. Committee Chair Duffle asked about the time constraints, if any, related to Council action on this resolution and the 4Culture grant application being submitted by the Tukwila Historical Society. Louis Jones -Brown responded that the grant is due to 4Culture on October 13, 2010, and the current Council process should allow ample time to submit background paper work as required by the grant application. The Committee was supportive of the resolution and development of the Tukwila Heritage and Culture Center. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION. D. 2010 Parks Recreation Programs: Parks Update This item was removed from the agenda.