HomeMy WebLinkAboutOrd 2310 - Amend Comprehensive Land Use Map for Property at 4300 South 133rd StreetCity of Tukwila
Washington
Ordinance No. D') C?
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.
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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 20th day of September 2010.
ATTEST/ AUTHENTICATED:
fi
Christy O'Flaherty, CMC, City Clerk
APPROVED ..c M BY:
Office of the City Attorney Shelley Kerslake
Jim Haggerton Mayor
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Filed with the City Clerk: 9--13- /12
Passed by the City Council: G L[)
Published: Gi I0
Effective Date: q 2 M 1 0
Ordinance Number: a_r i n
Attachments: Exhibit 1 Findings and Conclusions, Planning Commission Staff
Report (File #L09 -067 L10 -003)
Exhibit 2 Legal Description
Exhibit 3 Comprehensive Plan Map
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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
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EXHIBIT 1
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.
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.
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,
immediately to the west. The subject C /LI property and the adjacent LDR lot are essentially an
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"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.
Housing Goal 3.1: Continue to provide the City's fair share of regional housing.
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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
bring new residents to the neighborhood and has potentially fewer impacts on the adjacent
single family homes.
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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.
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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?
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.
The change to housing use, will remove the opportunity for a commercial /light industrial
use.
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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.
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EXHIBIT 2
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1
1 Proposed CL /I to MDR
4n
LBW
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)
i Commercial /Light Industrial (C /Ll) to
Medium Density Residential (MDR)
Zoning Lines
L 3E St
Lt.
EXHIBIT 3
Macadam LLC r =400'
SUMMARY OF
Ordinance No. 2310
City of Tukwila, Washington
On September 20, 2010 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2310, 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 4300 S. 133 STREET,
TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM
DENSITY RESIDENTIAL (MDR); 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
Christy O'Flaherty, CMC, City C 'r