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HomeMy WebLinkAboutReg 2010-09-20 Item 6D.4 - Ordinance - Rezone 4300 South 133rd Street Property from CLI to MDRCAS NUMBER: 10-100 C.\TnGORY SP( )NSOR SP( )NSOR'S SUMMARY RI? \'I1 W1iD BY Fund Source: Comments: MTG. DATE 09/13/10 MTG. DATE 09/13/10 09/20/10 10 -100 Meettng Date 09/13/10 09/20/10 COW Mtg. Utilities Cmte DATE: 08/23/10 COUNCIL AGENDA SYNOPSIS Prepared by RF RF Inzttals Mayor's remelt I flotilla/ review ITEM INFORMATION ORIGINAL AGENDA DATE. SEPTEMBER 13, 2010 ITEM NO. AGENDA ITEMTrrLE Annual Comprehensive Plan /Zoning amendments for 2010 Public Hearing Discussion Motion Resolution Ordinance Bid Award Public Heanng Other Mtg Date 9/13/10 Mtg Date Mtg Date Mtg Date 9/20/10 Mtg Date Mtg Date Mtg Date Coma/ Mayor Adm Svcs DCD Finance Fire f Legal P&R Police PTV Tukwila considers amending its Comprehensive Plan /Zoning map once per year, with a 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. CA &P Cmte F &S Cmte Transportation Cmte n Arts Comm. Parks Comm. Planning Comm. RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Forward to Committee of the Whole for hearing COST IMPACT /FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 RECORD OF COUNCIL ACTION Forward to next Regular Meeting, with 2 additional ordinances ATTACHMENTS Informational memorandum dated 8/16/10, with attachments /draft ordinances Minutes from the Community Affairs and Parks Committee meeting of 8/23/10 Ordinances in final form 22 Washington Ordinance No. 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 corn nunity 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 Plarming 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 133rd 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 RF:uuh 09/14/2010 Page 1 of 2 51 52 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 Findings and Conclusions, Planning Commission Staff Report (File #L10 -002), July 22, 2010 Exhibit 2 Legal Description Exhibit 3 Zoning Code Map W \Word Processing \Ordinances \Comp Plan Amend Macadam 2.doc RF:mrh 09/14/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published: Effective Date: Ordinance Number. Page 2 of 2 BackEround and Project 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 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 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) 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, W \Word Processing \Ordinances \Comp Plan Amend Macadam 2.doc RF:mrh 09/14/2010 Page 1 of 5 53 54 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 09/14/2010 Page 2 of 5 Multi- family duplex, triplex, four -plex units, townhouses up to four attached units, or detached zero -lot -line units are permitted 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 permits 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:mrh 09/14/2010 Page 3 of 5 55 56 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 09/14/2010 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 09/14/2010 EXHIBIT 2 Page 5 of 5 57 W 1 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 Medium Density Residential (MDR) Zoning Lines EXHIBIT 3 ft Macadam LLC 1" =400'