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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: «506 P01 RECE V ED K 1 2 ► 1E,93 6"7-7,• Phone No. 3l- Y ?84 Fax No. 44€ /'- Total Number of Pages Including This Cover. Sheet: e Date: .r,1.011 1' Time: ..071 A.M. P.M. Ofwa From: _A __ __ (206) 296.. 7' //f COMMENTS: AOC . 7 ,t.a+ ' . Co. er gicel I Z 5'4° •tcc 4.4 CO. S 6410.1T 7E5:42•41.4Se:07_, s /.CJ 6 c 4 *e z !Y, IAXMr11.11V 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