HomeMy WebLinkAboutOrd 2309 - Rezone 3914 South 115th Street and Tax Parcel #1023049072 to Office (O)City of Tukwila
Washington
Ordinance No. L3 09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REZONING 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 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, recommended denial of the rezone application; 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 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 staff report 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 staff report, attached hereto as Exhibit 1 and
incorporated by this reference as if fully set forth herein.
Section 2. Rezone Approved Subject to Conditions. The property located at 3914 S.
115th Street, including Tax Parcel #3351400005, and the adjacent property including Tax
Parcel #1023049072 and described in the attached Exhibit 2, are hereby approved to be
re- designated from Low Density Residential (LDR) to Office (0), and from
Manufacturing Industrial Center /Light (MIC /L) to Office (0), respectively, subject to
the following conditions:
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1. Contractor storage operations shall not be allowed on Tax Parcel
#3351400005, and shall be completely removed prior to the effective date of this rezone.
2. 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.
3. 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.
4. 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..
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 20th day of September 2010.
��71 tom.
Jim Haggerton Mayor
Christy O'Flaherty, CMC, City Clerk
ATTEST AUTHENTICATE
APPRO
FORM BY:
Office of the City Attorney Shelley Kerslake
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sled with the City Clerk: c'- 1
Passed by the City Council: 01_,v) i 0
Published: 0
Effective Date: -Af --i 0
Ordinance Number: .'CJ
Attachments: Exhibit 1 Staff Report Findings and Conclusions,
(File #L09 -064 L09 -065), July 22, 2010
Exhibit 2 Legal Description
Exhibit 3 Zoning Code Map
Page 2 of 2
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Findings and Conclusions
Planning Commission Staff Report (File L09 -064 L09 -065) July 22, 2010
Manufacturing Industrial Center /Light and Low Density Residential to Office at 3912 and
3914 S. 115
FINDINGS
EXHIBIT 1
Backeround and Proiect 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.
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
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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 MIIC -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 '/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
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:
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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.
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.
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.
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
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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
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,
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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 Comprehensive 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.
3) Chanwed 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.
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LEGAL DESCRIPTION
Tax Parcel #1023049072
POR GL 2 IN NW 1 /a 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 6 of 6
O)
M
L d
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)
j/, Proposed Manufacturing Industrial Center (MIC /L) to Office (0)
and Low Density Residential (LDR) to Office (0)
Possible Donation to the City of Tukwila
Zoning Lines
I _U
S11t3St
MIC /H
LOR
d
I I
Exhibit 3
N
Wooden LLC 1" =200'
SUMMARY OF
Ordinance No. 2309
City of Tukwila, Washington
On September 20, 2010 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2309, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REZONING 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
(1
Christy O' Flaherfy, CMC, City Clerk,-/