HomeMy WebLinkAboutOrd 2311 - Rezone 4300 South 133rd Street to Medium Density Residential (MDR)City of Tukwila
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 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.
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
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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 20th day of September 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
Office of the City Attorney Shelley Kerslake
BY:
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Effective Date:
Filed with the City Clerk: q-
Passed by the City Council: 0)
Published: q
Ordinance Number:
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
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Background 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 perfoim 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,
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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..."
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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 peiniits a range of housing to be built,
including duplex, tri -plex, four -plex, and townhouses.
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3) ChanEed 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.
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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.
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EXHIBIT 2
Page 5 of 5
3Ai,L
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Proposed CL /I to MDR
4-)
XI
2161s
DR
S 13)
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)
Zoning Lines
Z 3f St
1
EXHIBIT 3
Macadam LLC l" =400
SUMMARY OF
Ordinance No. 2311
City of Tukwila, Washington
On September 20, 2010 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2311, 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 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
/1 o F4i.
Christy O'Flaherty, CMC, City CIV