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HomeMy WebLinkAboutCOW 2014-08-25 Item 4B - Ordinances - Rezone Properties on South 180th Street and Andover Park WetCOUNCIL AGENDA SYNOPSIS Meekg1.1)ate Prepared 125 Mayor's revpdr'" C'(ilin17/ -epiew 08/25/14 NG o n i‘ IA 1)ale ()rdznant' ,iward \ 1i 1 )aI Publi c I leanq ilicr Alil),iie ALN1)rile 8/25/14 Aht Dale 8/25/14 Si' ( r \N )R ( offlhil 11/1,0 or 1 IR OCO l'Iname El 1 lie E IT 111 1-V7R. E l'oli,c E i>i :[)()\,m)ie, The intent of this rezone is to fix an inconsistency created by the adoption of a new St \IM \M. subarea plan and zoning for the Southcenter area. The two subject properties are zoned TUC but were not included in the Southcenter Plan boundary at the property owner's request. The Council is asked to approve a map amendment to re-designate the properties as Heavy Industrial to match the zoning of the adjacent properties to the south. 1 \ II \xi I liY COW Mtg. :A&I) Cmte El l'ekS Cinte EI Transportation Cmte Utilities Cnite 0 Arts Comm. E l'arl;',, Comm. E planning ( omm. 1).11 l'..: COMMUTE:I CI LAIR: NONE - QUASI-JUDICIAL RECOMMENDATIONS: Si ( r\s( dt/Amiry (()\1\111-111 Department of Community Development COST IMPACT / FUND SOURCE ITEM INFORMATION ITEM No. 3.B. & 4.B. 3 S i \l 1 SP( )N,( )R- NORA GIERLOFF 1 61\, \J. z d ND 1 ) \ I 1 : 8/2 / 4 Acd N1) \ 111 \I T I Rezone at S. 180th Street and Andover Park West c: \ 1 1 u ( )R 1111 0/1(i/rim/ A //r; 1),ile Moho)/ AN / >ate o n i‘ IA 1)ale ()rdznant' ,iward \ 1i 1 )aI Publi c I leanq ilicr Alil),iie ALN1)rile 8/25/14 Aht Dale 8/25/14 Si' ( r \N )R ( offlhil 11/1,0 or 1 IR OCO l'Iname El 1 lie E IT 111 1-V7R. E l'oli,c E i>i :[)()\,m)ie, The intent of this rezone is to fix an inconsistency created by the adoption of a new St \IM \M. subarea plan and zoning for the Southcenter area. The two subject properties are zoned TUC but were not included in the Southcenter Plan boundary at the property owner's request. The Council is asked to approve a map amendment to re-designate the properties as Heavy Industrial to match the zoning of the adjacent properties to the south. 1 \ II \xi I liY COW Mtg. :A&I) Cmte El l'ekS Cinte EI Transportation Cmte Utilities Cnite 0 Arts Comm. E l'arl;',, Comm. E planning ( omm. 1).11 l'..: COMMUTE:I CI LAIR: NONE - QUASI-JUDICIAL RECOMMENDATIONS: Si ( r\s( dt/Amiry (()\1\111-111 Department of Community Development COST IMPACT / FUND SOURCE F\pf \ DI I I 'RI RI (.21'ilti D AMOUNT BUDGETED APPROPRIATION REV TIRED Fund Source: CommetiLs: MTG. DATE RECORD OF COUNCIL ACTION 8/25/14 MTG. DATE ATTACHMENTS 8/25/14 Informational Memorandum dated 8/12/14 Ordinance in Draft Form Amending the Zoning Map Ordinance in Draft Form Amending the Comprehensive P an Map 3 4 11111.111111011,11 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Tukwila City Council FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director DATE: August 12, 2014 SUBJECT: Rezone at S. 180th Street and Andover Park West ISSUE Should two properties zoned Tukwila Urban Center (TUC) but not included in the Southcenter Plan be rezoned to Heavy Industrial (HI)? BACKGROUND The intent of this rezone is to fix an inconsistency created by the adoption of a new subarea plan and zoning for the Southcenter area. In June of 2014 the City Council adopted the Southcenter Plan (formerly known as the Tukwila Urban Center Plan). Two properties just south of 180th Street owned by Sega le Properties, LLC are zoned Tukwila Urban Center. However, these properties were not included in the Southcenter Plan boundary at the property owner's request. The parcels are developed as an internet data center and an office building and the new zoning would not create any Zoning non-conformities. The TUC zoning classification is not applicable now and a map amendment is needed to re-designate the properties as Heavy Industrial to match the zoning of the adjacent properties to the south under the same ownership. The existing Tukwila South Overlay would remain as the parcels are included in the Tukwila South Master Plan. DISCUSSION The proposed change requires a quasi-judicial Type 5 rezone process. This means that it has not gone to a Council Committee. DCD is processing this as a city-initiated change and has scheduled the hearing on August 25th, to coincide with the other 2014 Comprehensive Plan updates. FINANCIAL FINANCIAL IMPACT None RECOMMENDATION The Council is being asked to hold a public hearing on the ordinances amending the Zoning and Comprehensive Plan maps and approve this item at the October 6, 2014 Regular Meeting. ATTACHMENTS A. Draft Ordinance Amending the Zoning Code Map B. Draft Ordinance Amending the Comprehensive Plan Map 5 6 Attachment A Amending Zoning Map AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING MAP FOR CERTAIN REAL PROPERTY LOCATED AT 6101 S. 180TH STREET AND AT 18000 ANDOVER PARK WEST, TUKWILA, WASHINGTON, FROM TUKWILA URBAN CENTER (TUC) TO HEAVY INDUSTRIAL (HI) WITH A TUKWILA SOUTH OVERLAY (TSO); 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 Tong -term community goals and since these documents may be reviewed and updated as appropriate; and WHEREAS, at the request of the property owner the subject properties were not included in the Southcenter Plan and therefore do not fall under the new Tukwila Urban Center (TUC) zoning regulations; and WHEREAS, the existing development on the subject properties is consistent with the purposes and regulations of the adjacent Heavy Industrial Zone and Tukwila South Overlay; and WHEREAS, on August 11, 2014, Tukwila held a public meeting regarding proposed changes to the Comprehensive Land Use Map and Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on August 25, 2014, the City Council held a public hearing and, after receiving and studying staff analysis and comments from the public, has determined the public interest will be best served by amending the Zoning Map designation; and WHEREAS, on August 26, 2014, the Zoning Map change was determined to have no significant environmental impact; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site and mailed to surrounding properties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ordinances\Zoning Map amended for property on S 180th & on APW 8 -8 -14 NG:bjs Page 1 of 2 7 Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions attached hereto as Exhibit 1. Section 2. Re- designation Approved. The properties located at 6101 S. 180th Street (tax parcel 352304 -9120) and at 18000 Andover Park West (tax parcel 352304- 9055) are hereby approved to be re- designated from Tukwila Urban Center (TUC) to Heavy Industrial (HI), with the Tukwila South Overlay (TSO) to remain, as shown on Exhibit 2. 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 designation. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 5. 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 6. 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 , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, Assistant City Attorney Attachments: Exhibit 1 — Findings and Conclusions Exhibit 2 — Revised Zoning Map Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Zoning Map amended for property on S 180th & on APW 8 -8 -14 NG:bjs 8 Page 2 of 2 Exhibit 1 Findings and Conclusions — File L14 -0049 ZONING AMENDMENT CRITERIA (TMC SECTION 18.84.030) I Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the propoed amendment to the Zoning Map is consistent with the goals, objectives, and policies of the Comprehensive Plan; The proposed change to HI with a TSO would match the zoning and Comprehensive Plan designations of the adjacent properties to the south. While no immediate change is proposed, or expected to the existing development on site, the parcels could be part of future redevelopment envisioned under the Tukwila South Master Plan. The Tukwila South Element of the Comprehensive Plan is currently under review to bring it up to date with the Tukwila South annexation, Development Agreement, Tukwila South Master Plan and Sensitive Area Master Plan. (2) That 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; The two affected properties would shift to the adjacent HI district and remain covered by the Tukwila South Overlay. The existing uses on site would continue to be permitted under the proposed zoning and no non - conformities would be created. Per TMC Section 18.41.010, "As an overlay district the Tukwila South Overlay (TSO) may be applied by the City Council to any property lying within the Comprehensive Plan's Tukwila South Master Plan Area." The parcels are included in the Master Plan Area per Ordinance No. 2233. (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map; and The Southcenter Plan and revised TUC zoning districts were adopted by the City Council in February of 2014. At the property owner's request the two subject properties had not been included in the Southcenter Plan; therefore the parcels are not within the new zoning district and are not subject to the revised TUC subdistrict zoning regulations. The existing TSO supersedes the underlying zoning district, but an underlying zone is still needed in case the overlay was ever removed. (4) That 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 neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. The proposed change to HI with a TSO would resolve an inconsistency in the Zoning Map for two properties that have TUC zoning but are not regulated under the Southcenter Plan and TUC subdistrict regulations. No change of use, additional construction or intensification is proposed as part of this rezone. Zoning Map Page 1 of 2 9 Findings and Conclusions — File L14 -0049 (continued) CONCLUSIONS (1) That the proposed amendment to the Zoning Map is consistent with the goals, objectives, and policies of the Comprehensive Plan; 7Jhe proposed change to HI with a TSO would facilitate redevelopment consistent with that envisioned under the Tukwila South Element of the Comprehensive Plan. The parcels are included in the Tukwila South Master Plan Area per Ordinance No. 2233. I I (2) That 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; The two affected properties would shift to the adjacent HI district and remain covered by the Tukwila South Overlay. The existing uses on site would continue to be permitted under the proposed zoning and no non - conformities would be created. (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map; and When the Southcenter Plan and revised TUC zoning districts were adopted, the two subject properties were left without underlying zoning. While the existing TSO supersedes the underlying zoning district, an underlying zone is still needed in case the overlay was ever removed. (4) That 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 neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. No change of use, additional construction or intensification is proposed as part of this rezone. There should be no external indications of a change and so no adverse effects. Zoning Map Page 2 of 2 10 Revised Zoning Map Exhibit 2 n an nve 5 180th Street 3523 4 126 City of Tukwila Rezone/Comp Plan Amendment L14-0049 Southcenter Plan Boundary Subject Properties - TUC to HI 11 12 Attachment B Amending Comprehensive Land Use Map i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 6101 S. 180TH STREET AND AT 18000 ANDOVER PARK WEST, TUKWILA, WASHINGTON, FROM TUKWILA URBAN CENTER (TUC) TO' HEAVY INDUSTRIAL (HI); 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 since these documents may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, at the request of the property owner the subject properties were not included in the Southcenter Plan and therefore do not fall under the new Tukwila Urban Center (TUC) zoning regulations; and WHEREAS, the existing development on the subject properties is consistent with the purposes and regulations of the adjacent Heavy Industrial District; and WHEREAS, on August 11, 2014, Tukwila held a public meeting regarding proposed changes to the Comprehensive Land Use Map and Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on August 25, 2014, the City Council held a public hearing and, after receiving and studying staff analysis and comments from the public, has determined the public interest will be best served by amending the Comprehensive Land Use Map designation; and WHEREAS, on August 26, 2014, the Comprehensive Land Use Map change was determined to have no significant environmental impact; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site and mailed to surrounding properties; W: Word Processing \Ordinances \Comp Land Use Map amended for property on S 180th & on APW 8 -8 -14 NG:bjs Page 1 of 2 13 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 attached hereto as Exhibit 1. Section 2. Re- designatidn Approved. The properties located at 6101 S. 1 180th Street (tax parcel 352304 -9120) and at 18000 Andover Park West (tax parcel 352304- 9055) are hereby approved to be re- designated from Tukwila Urban Center (TUC) to Hbavy Industrial (HI), as shown on Exhibit 2. Section 3. Map Amendment Authorized. The Community Development Director or his designee is hereby authorized to amend the iCity's official Comprehensive Land Use Map to show this change in designation. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 5. 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 6. 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 , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, Assistant City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit 1 — Findings and Conclusions Exhibit 2 — Revised Comprehensive Land Use Map W: Word Processing \Ordinances \Comp Land Use Map amended for property on S 180th & on APW 8 -8 -14 NG:bjs Page 2 of 2 14 Exhibit 1 Findings and Conclusions — File L14 -0049 COMPREHENSIVE PLAN CRITERIA (1) Is the issue already adequately addressed in the Comprehensive Plan? If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? The need for the proposed change was created when the Southcenter Plan and revised TUC zoning districts were adopted by the City Council in February of 2014. At the property owner's request the two subject properties had not been included in the Southcenter Plan; therefore the parcels are not within the new zoning district and are not subject to the revised TUC subdistrict zoning regulations. While the existing TSO supersedes the underlying zoning district, an underlying zone is still needed in case the overlay was ever removed. The proposed change to HI would match the zoning and Comprehensive Plan designations of the adjacent properties to the south. The proposed change to the Comprehensive Plan designation is needed to retain consistency with the Zoning Map. (2) Is the proposed change the best means for meeting the identified public need? The Tukwila South Element of the Comprehensive Plan is currently under review to bring it up to date with the Tukwila South annexation, Development Agreement, Tukwila South Master Plan and Sensitive Area Master Plan. The parcels are included in the Master Plan Area per Ordinance No. 2233. The proposed change of these parcels to HI would match the zoning and Comprehensive Plan designations of the adjacent properties to the south. The existing uses on site would continue to be permitted under the proposed zoning and no non - conformities would be created. (3) Will the proposed change result in a net benefit to the community? The two affected properties would shift to the adjacent HI designation. The proposed change would resolve an inconsistency in the Zoning and Comprehensive Land Use Maps for two properties that have TUC designations but are not regulated under the Southcenter Plan and TUC subdistrict regulations. While no immediate change is proposed or expected to the existing development on site, the parcels could be part of future redevelopment envisioned under the Tukwila South Master Plan. Comprehensive Land Use Map Page 1 of 2 15 Findings and Conclusions — File L14 -0049 (continued) CONCLUSIONS I I (1) Is the issue already adequately addressed in the Comprehensive Plan? If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? The proposed change to the Comprehensive Plan designation is needed to retain consistency with the Zoning Map. The need for the proposed change was created when the Southcenter Plan and revised TUC zoning districts were adopted by the City Council in February of 2014. The parcels are not within the new TUC zoning district and are not subject to the revised TUC subdistrict zoning regulations. The proposed change to HI would match the zoning and Comprehensive Plan designations of the adjacent properties to the south. (2) Is the proposed change the best means for meeting the identified public need? The rezone and re- designation of these parcels is being done in concert with the update of the Tukwila South Element of the Comprehensive Plan, which is currently under review to bring it up to date with the Tukwila South annexation, Development Agreement, Tukwila South Master Plan and Sensitive Area Master Plan. The proposed change of these parcels to HI would match the zoning and Comprehensive Plan designations of the adjacent properties to the south. The existing uses on site would continue to be permitted under the proposed zoning and no non - conformities would be created. (3) Will the proposed change result in a net benefit to the community? The proposed change to the adjacent HI district would resolve an inconsistency in the Zoning and Comprehensive Land Use Maps for two properties that have TUC designations but are not regulated under the Southcenter Plan and TUC subdistrict regulations. While no immediate change is proposed or expected to the existing development on site, the parcels could be part of future redevelopment envisioned under the Tukwila South Master Plan. Comprehensive Land Use Map Page 2 of 2 16 Revised Comprehensive Land Use Map Exhibit 2 TUG 1/44.117kive ' - vTUC Oth Street 352:304,612 / 3523049055 HI City of Tukwila Rezone/Comp Plan Amendment 1_14-0049 Southcenter Plan Boundary /77/4 Subject Properties - TUC to HI 17