HomeMy WebLinkAboutOrd 2308 - Amend Comprehensive Land Use Map for Real Property at 3914 South 115th Street / Tax Parcel #1023049072City of Tukwila
Washington
Ordinance No. 23 082
AN ORDINANCE- OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP
FOR CERTAIN REAL PROPERTY LOCATED AT 3914 S. 115TH STREET,
TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO OFFICE (0),
AND ADJACENT TAX PARCEL #1023049072 FROM MANUFACTURING
INDUSTRIAL CENTER/LIGHT (MIC/L) TO OFFICE (0); 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 denial of the application to amend the Comprehensive Land Use
Map designation; 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, office use will benefit the area with fewer potential negative impacts
than industrial activity and will provide opportunities for economic activity; 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 as outlined in the staff report 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 staff report, attached hereto as Exhibit 1 and
incorporated by this reference as if fully set forth herein.
Section 2. Re- designation Approved. The property located at 3914 S. 115th Street,
including Tax Parcel #3351400005, and the adjacent property Tax Parcel #1023049072
and described in the attached Exhibit 2, are hereby approved to be re- designated from
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Low Density Residential (LDR) to Office (0), and from Manufacturing Industrial
Center /Light (MIC /L) to Office (0), respectively, subject to the following conditions:
1. All conditions of the following rezone must be met including:
a. Contractor storage operations shall not be allowed on Tax Parcel
#3351400005, and shall be completely removed prior to the effective date of this rezone.
b. The contractor storage yard on Tax Parcel #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 Parcel 1023049072) and Low Density
Residential (Tax Parcel #3351400005) without further legislative action.
d. Applicant agrees that Tax Parcel #1023049063 shall be dedicated in fee to
the City of Tukwila within 90 days of the effective date of the rezone, since the applicant
has offered to donate the property, and its donation is in the interest of improving the
Duwamish Heritage Preserve and for integration into the City of Tukwila's riverbank
restoration program and pedestrian trail development. 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 the rezone is voided, the Comprehensive Plan amendment shall
also be voided. Office designation shall revert to Manufacturing Industrial
Center /Light (Tax Parcel 1023049072) and Low Density Residential (Tax Parcel
3351400005) 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 20th day of September 2010.
At-,5
Jim Haggerton Mayor
Filed with the City Clerk: q 5 U
APPROV $"f FORM BY: Passed by the City Council: q -40 JO
Published: el— 0
Effective Date: °i -J e--/ 0
Ordinance Number: .Xi n
ATTEST/ AUTHENTICATED:
-ham F-/-01
Christy O'Flaherty, CMC, City Clerk
Office of the City Attorney Shelley Kerslake
Attachments: Exhibit 1 Staff Report Findings and Conclusions,
(File #L09 -064 #L09 -065), July 22, 2010
Exhibit 2 Legal Description
Exhibit 3 Comprehensive Plan Map
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FINDINGS
EXHIBIT 1
Findings and Conclusions
Planning Commission Staff Report (File L09 -065 and L09 -065)
July 22, 2010
Manufacturing /Industrial Center —Light and Low Density Residential to Office at 3912
and 3914 S. 115 Street
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.
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.
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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 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.
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 t/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 southeast. 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.
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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
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 —A 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.
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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.
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?
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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.
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.
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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.
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.
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Tax Parcel #1023049072
POR GL 2 IN NW STR 10 -23 -04 DAF:BEG AT SW COR LOT 1 BLK 20 C D
HILLMAN'S MEADOW GARDENS DIV NO 3 TH NLY ALG W LN SD LOT 1 DIST 100
FT TH N 86 -15 -00 W 100 FT TH SLY TO N R/W MGN S 115 ST TH ELY ALG SD
MGN 100 FT M/L TO SD SW COR LOT 1 TPOB
Tax Parcel #3351400005
HILLMANS CD MEADOW GARDENS #3 W 3 FT OF A ALL OF 1
Tax Parcel 1023049063
POR GL 2 DAF BEG SW COR LOT 1 BLK 20 C D HILLMANS MEADOW GDN DIV
3 TH N 86 -15 -00 W 100 FT TH S PLW W LN SD LOT 1 TO S LN SD GL 2 TH ELY ALG
SD S LN TAP S OF SW COR OF SD LOT 1 TH N TO BEG LESS CO RD
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EXHIBIT 2
Page 7 of 7
Duwamish Ri
MIC /L to 0 LDR to 0
Donation to
City of Tukwila
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)
Possible Donation to the City of Tukwila
awn Zoning Lines
8 114 St
LDR
S113St
a
NI
Exhibit 3
N
Wooden LLC 1" =200'
SUMMARY OF
Ordinance No. 2308
City of Tukwila, Washington
On September 20, 2010 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2308, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR
CERTAIN REAL PROPERTY LOCATED AT 3914 S. 115 STREET,
TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO OFFICE (0), AND
ADJACENT PARCEL #1023049072 FROM MANUFACTURING INDUSTRIAL
CENTER/LIGHT (MIC /L) TO OFFICE (0); PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Regular Meeting thereof on September 20, 2010.
Published Seattle Times: September 23, 2010
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Christy O'Flahe
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CMC, City Clerk's