HomeMy WebLinkAboutPermit L93-0034 - DESIMONE TRUST / ANDERSON RICK - OXBOW PRE-ANNEXATION COMPREHENSIVE PLAN AND ZONINGl93-0034
oxbow zoning comprehensive plan rezone
OXBOW PRE-ANNEXATION
C.
City of Tukwila
Department of Community Development
HEARING DATE:
FILE NUMBER:
APPLICANT:
REQUEST:
LOCATION:
ACREAGE:
COMPREHENSIVE PLAN DESIGNATION:
ZONING DISTRICT:
SEPA
DETERMINATION:
ATTACHMENTS:
STAFF REPORT
TO THE PLANNING COMMISSION
Prepared May 15, 1993
John W Rants, Mayor
Rick Beeler, Director
May 27, 1993
L09 -0034: Ox Bow Comprehensive Plan Comprehensive Land Use Plan and Zoning Code
Richard Anderson
To establish comprehensive plan designations and
zoning which would be enacted upon annexation.
The area generally known as the "Ox Bow" as
specifically described in Attachment A.
Total annexation area is approximately 172 acres.
To be established.
To be established.
. Environmental review to be completed prior to the
Planning Commission hearing.
A.
B.
C.
D.
Legal Description and Map
Existing King County Zoning
Existing Land Use
Building Height Exception Area
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206).41313670 • Fax (206) 431-3665
Staff Report to the L93 -0034: Ox Bow
Planning Commission Page 2
FINDINGS
BACKGROUND
The Desimone Trust has requested that the City of Tukwila annex its properties
which lie within the Ox Bow area, as shown on the map of Attachment A,
pursuant to RCW 35A.14.120 (i.e., property owner petition). The City Council
reviewed this request and authorized staff to go forward on May 3, 1993, in
Resolution No. 1255.
In this resolution, the Council approved the applicant's request for establishing the
zoning which would be adopted simultaneous with an annexing ordinance. This
application satisfies the statutory requirement that Tukwila's Planning Commission
must recommend the area's zoning to the Council. A comprehensive plan
designation may also be recommended at this time.
After the Planning Commission makes a comprehensive plan and zoning
recommendation, the City Council will hold two public hearings which are thirty
days apart. The scope of the City Council's public hearings will include zoning,
comprehensive plan, and all other annexation issues (e.g., service provision, costs,
revenues, and the annexation preferences of residents, businesses, and owners).
Notice of a public information meeting, this Planning Commission public hearing
and two public hearings before the City Council was sent to property owners,
businesses and residents on May 5th. The public information meeting is to be
held after the report is finalized. Staff may revise this report based on the
meeting input, at the Commission hearing.
VICINITY /SI1'E INFORMATION
Project Description: To recommend to the City Council, the land use zoning which
would be in place should the area annex to the City of Tukwila, pursuant to RCW
35A.14.120 and as authorized by City Council Resolution No. 1255. A
Comprehensive Plan designation for this area should also be recommended.
Existing Land Use Designations: King County has designated the entire
annexation area as Heavy Industrial in its Comprehensive Plan. The County has
zoned all these areas MH (Heavy Manufacturing) except for a small southern
residential area which has been zoned RS7200. Area zoning is shown in
Attachment B.
Existing Development: Private, industrial zoned lands are almost fully developed
as industrial uses or support facilities, as there is a small area of approximately six
single family residences in the extreme south end of the Ox Bow. These areas are
shown in Attachment C.
Staff Report to the L93 -0034: Ox Bow
Planning Commission Page 3
Industrial uses in the annexation area include a large container storage /transfer
yard and a maritime salvage operation in the northern half, and Boeing industrial
buildings in the southern half. Across the Duwamish River to the immediate east,
are associated Boeing aircraft manufacturing facilities. East and west bank
.facilities are connected by two private road bridges.
Surrounding Land Use: The area is surrounded in the east, and north by
industrial uses, in the south by the SR -99 /SR -599 freeway interchange, and to the
west by SR -99 and a steep hillside on which single family residences are sited.
Environmental Features: Environmental review was based on land and river
areas.
The annexation land area is generally flat, cleared of significant mature trees,
except for several large trees in the southern residential area and bounded along
its eastern perimeter by the steep - banked, Duwamish River. This is similar to the
eastern industrial areas across the Duwamish River.
Land areas are separated from other westerly residential areas by the four lane
SR -99 and steep undeveloped hillsides. Access to SR -99 is prohibited except for a
north -bound on/off ramp in this area.
The Duwamish River represents a significant environmentally sensitive area. The
annexation area is at the northern-most reach of navigable waterway. There is
significant water and sediment contamination from existing and past outfalls, the
bank requires stabilization along several segments, an Indian tribe is interested in
re- establishing a salmon run in a now degraded stream /slough which may affect
the urgency of sediment clean -up, and the riverside is desired as part of a regional
trail system.
Access: Public vehicular access to the area is limited to West Marginal Place So.;
a two lane road with a 20 to 50 ft. right -of way. This road is accessed from
14th/16th Ave. S. and East Marginal Way.
Two privately owned bridges join Boeing industrial operations on both sides of the
Duwamish River. These bridges are not open to the public, although there do not
seem to be any barriers to public vehicle access on one.
Utilities: The commercially developed area is served with sewer, water and storm
drainage facilities.
The single family area has water and septic systems. No significant storm drain
facilities exist in the residential area and standing water is a frequent occurrence.
The combination of septic systems and standing water may be significant.
Residential property owners declined to extend sewer lines to the houses, as they
considered such uses as transitional (Matlitch, Val Vue Sewer District Engineer,
5/10/93).
Staff Report to the L93 -0034: Ox Bow
Planning Commission Page 4
Public Facilities: A shoreline bicycle and pedestrian trail is planned to be located
along the Duwamish River bank in this area. This trail segment would be part of
the pedestrian- bicycle trail between Alki Beach and Flaming Geyser Park.
DECISION CRITERIA
In the Findings below, Planning staff has reviewed possible comprehensive plan
and zoning designations based on Tukwila Comprehensive Plan land use policies,
existing land use, existing zoning, and environmental factors.
Comprehensive Plan Findings:
1. A review of land uses in the annexation area and associated surrounding
sites demonstrate the industrial character of the overall area (see Existing
Development).
2. Tukwila's "Comprehensive Land Use Plan Map" descriptive policies discuss
two type of industrial areas:
"Light industrial: Industrial areas characterized by distributive and light
manufacturing uses, commercial and office uses"
"Heavy industrial: Industrial areas characterized by heavy or bulk
manufacturing uses, distributive and light manufacturing uses, commercial
and office uses."
3. Existing land uses in the annexation area and in associated areas to the
immediate east, are characterized has having a heavy industrial character
(see Existing Development), based on the above policies.
4. A Heavy Industrial designation in Tukwila's Comprehensive Plan for the
entire area would mirror both:
a. the area's existing Heavy Industrial designation in the King County
Comprehensive Plan and
b. the Heavy Industrial designation of associated areas to the
immediate east in the Tukwila Comprehensive Plan.
5. The approximately six single family residences to the south do not seem to
be a viable long -term use due to their location between a busy freeway,
anticipated heavy industrial activities in the north, and heavy industrial uses
across the river.
6. A heavy industrial designation for this area would mirror all other Tukwila
and King County areas to the north, which lie to the east of SR -99.
Staff Report to the
Planning Commission
Zoning Findings:
L93 -0034: Ox Bow
Page 5
7. Areas designated as Heavy Industrial on the Comprehensive Plan may be
given a Tukwila zone of M -2 or M -2L. The purpose of each district and a
summary of legislative discussion is shown below.
M -2 "18.42.010 Purpose The purpose of this district is to provide an
appropriate area for a broad range of uses, some of which may be .
characterized as having significant environmental impacts in terms of air
and water pollution, noise, vibration, glare and odor."
M -2L "18.43.010 Purpose The purpose of this district is to recognize and
provide for a unique industrial area which developed long before other City
zoning districts were formed, which has uses of significant air and water
pollution, noise, vibration, glare and other environmental impacts, and
which requires less strict design standards and flexibility in front yard
landscaping in recognition of use trends of heavy truck terminals and
servicing thereof."
The "unique industrial area" is specifically a small area in the East
Marginal Way corridor, generally located south of the Boeing Access
Road. Developments in this area were universal in not physically
having the space to provide the minimum 15 of front yard
landscaping required in the M -2 zone due to small lot size, building
location and planned road improvements.
The City Council reasoned that an exception in this one small area
would not significantly degrade the potential quality of the overall
area and would relieve a significant hardship for all business in the
area. It thus adopted the M -2L zone which reduced minimum front
yard landscaping from 15 feet to 5 feet. All other development
standards of the M -2 zone were retained.
8. The development patterns in the Ox Bow area (see Existing Development)
indicate the appropriateness of an M -2 zone. The small lot pattern,
building siting close to the roadway, and road right -of -way widening which
justified establishing an M -2L zone along East Marginal Way is not
repeated in this area.
9. The single family use area could be zoned M -2 in order to reflect the
Comprehensive Plan designation. Single family residences would continue
to be permitted uses in the M -2 zone.
Staff Report to the ` L93 -0034: Ox Bow
Planning Commission Page 6
10. Ox Bow industrial areas are bordered on the north, south, and east by
Building Height Exception Area, pursuant to TMC 18.50.030 which permits
outright, structures up to and including 115 ft. in height (Attachment D).
Extending the same Building Height Exception Area across the river to the
annexation area would recognize the similar nature of Existing
Development and Environmental Features.
CONCLUSIONS
Based on the above Findings:
1. The entire annexation area is most appropriately designated Heavy Industrial in
the Comprehensive Plan Map, and
2. The entire annexation area is most appropriately zoned M -2, based on a Heavy
Industrial Comprehensive Plan designation and designated a height exception area
pursuant to TMC 18.50.030.
RECOMMENDATIONS
The Planning Division recommends the following Comprehensive Plan and zoning
designations in the Ox Bow Annexation area based on the above Findings and
Conclusions:
1. The entire annexation area should be designated Heavy Industrial in the
Comprehensive Plan Map, and
2. The entire annexation area should be zoned M -2, based on a Heavy Industrial
Comprehensive Plan designation and designated a Building Height Exception
Area pursuant to TMC 18.50.030.
ATTACHMENT A
April 21, 1993 REV. ti--
LEGAL DESCRIPTION
for •
OXBOW AREA
BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY
BEGINNING at the intersection of the south line of the John
Buckley Donation Land Claim. number 45 and the westerly
right -of -way line for Primary State Highway No.1 (S.R.99) as
shown under Deeds, volume 4099, page 666, Records of King County,
Washington, in the northwest quarter of Section 4, Township 23
North, Range 4 East, W.M.;
Thence northerly along said westerly margin to the north line of
tract 55 in Moore's Five Acre Tracts, as recorded under volume 9,
page 28 under Plats, records of King County, Washington;
Thence easterly along said north line of tract 55 and continuing
along the easterly extension thereof to the thread of the
Duwamish Waterway and the existing Tukwila City Limit Line
(Tukwila Ordinance 1503 and 1515);
Thence southerly along the thread of the said Duwamish Waterway
and River also being the existing Tukwila City Limit Line to the
west margin of Pacific Highway South (State Rd. No. 1);
Thence southerly along said west margin and existing Tukwila City
Limit Line to the south margin of South 116th Way (South 116th
Place);
Thence westerly along said south margin to the west margin of
West Marginal Way;
Thence northerly along said west margin to the north margin of
South 116th Way (South 116th Place);
Thence northwesterly along said north margin to the westerly new
right -of -way line and Limited Access line for Primary State
Highway No. 1 (S.R.99);
Thence northerly along said westerly right -of -way line to the
POINT OF BEGINNING.
DRAFT OXBQ
ANNEXATION AREA
BOUNDARY
E-- BURIEN ..
Approx. ,k „
ATTACHMENT B
City of Tukwila
Oxbow Annexation
Existing King County Zoning
May, 1993
RIVER
SINGLE FAMILY DETACHED
MINIMUM LOT SIZE 7200
SQUARE FEET
ATTACHMENT C
l•rr It /furl/ .•,
.I• Poona .e1:
o.
City of Tukwila
Oxbow Annexation
Existing Land Use
May, 1993
•
ril ` '3_rel ;
•
Attachment D
, • , • • , •■• • •
• 71M '-
BOUNDARY OF OXBOW
ANNEXATION AREA
LEGEND
Vai•
If • 14:
CITY OF TUKWILA
BUILDING HEIGHT
EXCEPTION AREA
NO SCALE
•
-17\--r rut
UP TO AND INCLUDING 115'
WITH BAR APPROVAL
18.50.040
115' OUTRIGHT PERMITTED PER
18.50.030. GREATER THAN 115'
PERMITTED PER 18.50.050
I INTERURBAN SPECIAL REVIEW
AREA 10' ADDITIONAL PER
28.60.060
EDGE OF HEIGHT EXCEPTION
AREA IS WHERE RESIDENTIAL
ZONES BEGIN •
!::
6/4/93 All Comprehensive Plan and Zoning actions after the
Planning Commission recommendation have been filed in .
the general annexation file (L93- 0021) due to their
interrelationship with other annexation elements.
MAY- 21 -'93 15:0? ID: DDES TEL NO:2966698
• •KING COUNTY
DEPARTMENT OE DEVELOPMENT AND ENVIRONMENTAL SERVICES
3600 - 136th Place Southeast
selievue, WA 98006 -1400
TO:
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Phone No. 3l- Y ?84 Fax No. 44€ /'-
Total Number of Pages Including This Cover. Sheet:
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Date: .r,1.011 1' Time: ..071 A.M. P.M. Ofwa
From:
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COMMENTS:
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MAY- 21 -'93 15:08 ID:
DDES TEL NO:2966598 «505 P02
25.16.030 - 25.16.040 SHORELINE MANAGEMENT
B. Except in those cases when the height requirements of the underlying
zones are more restrictive, no structure shall exceed a height of thirty -five
feet above average grads level. This requirement may be modified if the view of
a substantial number of residences will not be obstructed, if permitted by the
applicable provisions of the underlying zoning, and if the proposed development
is agricultural, water related or water dependent.
c. All development shall be required to provide adequate surface water
retention and sedimentation facilities during the construction period.
D. Development shall maintain the first fifty feet of property abutting a
natural environment as required open space.
E. Parking facilities except parking facilities associated with detached
single- family and agricultural development shall conform to the following minimum
conditions:
1. Parking areas serving a water related or a nonwater related use must
be located beneath or upland of the development which the parking area serves.
2. Any outdoor parking area perimeter, excluding entrances and exits,
must be maintained as a planting area with a minimum width of five feet.
3. One live tree with a minimum height of four feet shall be required for
each thirty linear feet of planting area.
4. One live shrub of one - gallon container size or larger for each sixty
linear inches of planting area shall be required.
5. Additional perimeter and interior landscaping of parking areas may be
required, at the discretion of the director, when it is necessary to screen
parking areas or when large parking areas are proposed.
F. Collection facilitiee to control and separate contaminants shall be
required where stormwater runoff from impervious surfaces would degrade or add
to the pollution of recipient waters or adjacent properties.
O. The regulations of this chapter have been categorized in a number of
sections; regardless of the categorization of the various regulations, all
development must comply with all applicable regulations.
H. Development proposed in shorelines of the state shall maintain setbacks,
provide easements or otherwise develop the site to permit a trail to be
constructed or public access to continue where:
1. There is a proposed trail in the King County trail systemy or
2. Part of the site is presently bring used and has historically been
used for public access.
1. Along shorelines of the State on Lake $inmamish, no building shall be
placed on lands below thirty -two and one -half feet mean sea level.
J. The regulations of this chapter are in addition to other adopted
ordinances and rules. Where conflicts exist, that which provides more protection
to eeneitive area shall apply; except that water dependent uses shall adhere to
the applicable regulations and policies of the King County Shoreline Master
Program. (Ord. 9614 5 111, 1990: Ord. 3688 5 403, 1978).
25.16.040 Agricultural practices. Agricultural practices may be permitted
in the urban environment, subject to the general requirements (Section 25.16.030)
of this chapter, provided:
A. The agricultural activity is permitted in the underlying one
classification;
B. Any barn, shed or other structure constructed in conjunction with the
permitted agricultural activity shall not be constructed within the floodway;
(King County 9 -90) 1024
To:
From:
Date:
RE:
City of Tukwila
,"
John W. Rants, Mayor
Department of Community Development Rick Beeler, Director
John McFarland
MEMORANDUM
Rick Beel
5/18/9
Ox Bow Comprehensive Plan and Zoning Recommendations.
Per your request to review all public documents, . I am forwarding
the Planning Commission staff report for your review and
revisions. I do not anticipate any objections since we are
recommending the Tukwila equivalent of County zoning.
Please return your comments to Vernon Umetsu by Wednesday (5/19)
at 5:00 to allow revision and mailing on Thursday.
Vernon will be reviewing staff's recommendation with Rick
Anderson of the Desimone Trust and Paul Seeley of Boeing, for
their input.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665