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HomeMy WebLinkAboutPermit L07-093 - BYE SANDRA - BNSF EXPANSION / COMPREHENSIVE PLAN AMENDMENTBNSF & SEAYITLE RAIL YARD EXPANSION COMPREHENSIVE PLAN AMENDMENT COMPREHENSIVE LAND USE PLAN AMENDMENT BURLINGTON NORTHERN SANTA FE RAILROAD 12522 - 51 PL S L07 -093 Christa Lynn Young Right of Way Specialist PHAROS Phone (425(921 -172 • Fax (425) 744 -1400 123 Second Avenue South PO Box 1569 Edmonds. WA 98020 www.hdrmc.com Christa Young ®hdrinc.com RA /L[YAY Sandra Bye Director- Acquisitions & Development Corporate Real Estate Development BNSF Railway Company P.O. Box 961050 Fort Worth, TX 76161 2500 Lou Menk Drive, AOB -3 Fort Worth, TX 76131 817- 352 -2387 Office 817- 352 -77 Fax 817- 372 -8602 Cell Ray Roman Project Manager 123 Second Avenue South PO Box 1569 Edmonds, WA 98020 www.hdrinc.com Ray. Roman©hdrinc.cdm FM' PHAROS Phone 1425)921 -1753 CeII 1206)715 -7266 Fax (425) 744 -1400 Christa Lynn Young HDR /Pharos 123 Second Avenue S. P.O. Box 1569 Edmonds, WA 98020 May 20, 2008 • Department of Community ' evelopment Jack Pace, Director Re: BNSF Seattle Yard Expansion COMPREHENSIVE LAND USE AMENDMENT Comprehensive Plan amendment - -LDR to MIC /H (File #L07 -093) Rezone LDR to MIC /H (File #L07 -094) Dear Ms. Young: Per our letters to you of January 10, 2008, and April 1, 2008, your applications for Comprehensive Plan amendment and rezone have been found to be incomplete. The information that was required to complete the applications was not received by the April 30, 2008 (extended) deadline. Without a complete application, the City of Tukwila is unable to move forward in considering your requests for Comprehensive Plan amendment and rezone, and has closed your files. If you wish to proceed with a Comprehensive Plan amendment and rezone for the properties owned by BNSF, you may reapply for a Comprehensive Plan amendment and rezone by December 31, 2008 for review in 2009. As was discussed in the April 16, 2008 meeting between Tukwila and BNSF staff, the City of Tukwila is interested in finding alternative access options for the BNSF yard. We remain interested in this topic, and look forward to talking with BNSF staff about this matter. If you have questions about this letter, you may contact me at 206 -431 -3683 or via e-mail at rfox Sincerely, C ee.k___ Rebecca Fox Senior Planner Jim Haggerton, Mayor Rf 1 05/21/2008 O•\Gmmn Plan 2007- 9008 \RNSF - -I 07 -093 R 1 07- 094 \RNSFr.Insefile dnr 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 • Phone: 206 - 431 -3670 0 Fax: 206 - 431 -3665 BNSF / Tukwila meeting Rebecca Fox - BNSF / Tukwila meeting From: "Bye, Sandra " To: Date: 05/07/2008 8:45 AM Subject: BNSF / Tukwila meeting Although a little late, I wanted to thank all of you for taking the time to meet with our team. I have been traveling the last few weeks and am trying to catch up. Since my return, I have met with our facility department to discuss the alternative egress, ingress option. We will be meeting with our operations department in Tukwila to discuss this reconfiguration in the next few week. We are hoping to get a better understanding of what our options are at that time. I will be in touch after that meeting. Again thank you for your time and look forward to working with you on this project. Sincerely. Sandra J Bye Director of Acquisitions and Development BNSF Railway Direct line 817.352.2387 Cell: 817.372.8602 • v. Page 1 of 1 file / /C• \tame \YP(;rnWice \dR')1 R7 A 2t„le_ma;1(,2M_nn')fMfMn2R 11 A Ff 1 \CUJlnMn 1 nS /)nP)nnQ w April 1, 2008 Dear Ms. Young: • Cizy Of Tukwila Department of Community ." evelopment Jack Pace, Director vista Lynn Young HDR /Pharos 123 Second Avenue S. P.O. Box 1569 Edmonds, WA 98020 1 Re: BNSF Seattle Yard Expansion Comprehensive Plan amendment - -LDR to MIC /H (File #L07 -093) Rezone LDR to MIC /H (File #L07 -094) This letter will confirm our meeting with you and Ray Roman of HDR, and Sandra Bye of BNSF on April 16, 2008 at 11 a.m. The City of Tukwila Department of Community Development is located at 6300 Southcenter Boulevard, Suite 100, Tukwila, WA. Please as for Jack Pace when you arrive. Per our letter to you of January, 10, 2008, your applications for Comprehensive Plan amendment and rezone have been found to be incomplete. I am enclosing a copy of our letter to you of January 10, 2008 your reference. Along with the materials referenced in the letter, please also provide four copies of a site map that clearly shows all properties that are included in your request, as well as a vicinity map showing the general area of the request. To accommodate our upcoming meeting, we are extending the deadline to provide complete information required for your application until April 30, 2008. We will not be able to provide additional extensions beyond April 30, 2008. You may contact me at 206 -431 -3683 or via e-mail at rfox @ci.tukwila.wa.us. Sincerely, 4 ' 5e6-6.0 Rebecca Fox Senior Planner Enc. Cc Ray Roman Rf 1 n•\Cmmn Plan 9007- 900R \RNSF - -1 07 41Q3 R I f17- (144 \RNSFinaatinnRaxtansinn rinr Jim Haggerton, Mayor 04/03/2008 Z 0 A ')l ') 7/L A')1 ')L L • Rebecca Fox - Re: Tukwila - -BNSF Re, request From: To: Date: Subject: Hello Ms. Pfeifle, Rebecca Fox darcie pfeifle 01/16/2008 5:28 pm Re: Tukwila - -BNSF Rezone request The property is currently LDR, which is pretty much single - family or duplex homes. The requested MIC /H district is intended to provide a "major employment area containing heavy or bulk manufacturing and insdustrial uses, distributive and light manufacturing uses, and other uses that support those industries." You may read about these zones at the City of Tukwila web site www.ci.tukwila.wa.us Check out the Tukwila Municipal Code, chapter 18.38 for MIC /H. There will definitely be meetings about this request. Probably in March, the City Council will hold a public meeting to review the Comprehensive Plan and rezone requests. At that meeting, they will make a threshold decision on whether they want to consider the request further and send it on to the Planning Commission, or whether they want to reject the request. If the City Council forwards the request to the Planning Commission for further consideration, the Planning Commission will hold a public hearing. After the public hearing, the Planning Commission will make a recommendation back to the City Council. The City Council will then hold a public hearing. After taking comments, the City Council makes its final decision. I'll check to see if I can find anything about your question about the sale date of the lot you mentioned. I will need to wait until late next week to get back to you, as I will be out of the office. Rebecca Fox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206 - 431 -3683 (tel) 206 - 431 -3665 (fax) rfox @ci.tukwila.wa.us »> darcie pfeifle <darcieknievel@vahoo.com> 01/15/2008 6:40 pm »> Rebecca, Thank you for your reply...I would appreciate all kinds of info on any plans behind my home with BNSF.. What would re zoning to MIC -H mean...what would the change be, and are there any meetings I can attend? As well I am quite curious when BNSF acquired The long lot behind 44th pl s. Tax Parcel lot # 3347400746....its plats # 3 - 42...it is over two acres and about 58 ft. deep....I am checking into many different avenues to get this information but I can not come up with the year that they purchased it. If you can help I would be very appreciated. Also I understand that you are involved with SABEY in Tukwila, I am quite familiar with Jim and the Rainier Cold Storage building that he is tearing down and all of our hearts in Georgetown that are breaking. So please if there is anything that SABEY plans on tearing down in Tukwila I would love to be made aware of it. Thank you so much for your time, I understand that you are a very busy woman. Page 1 Rebecca F - Re: Tukwila - -BNSF Reie request , 1 Take care, Darcie Pfeifle 12050 44th pl s ALLENTOWN darcieknieveIc yahoo.com (516) 503 4336 Never miss a thing. Make Yahoo your home page. http://www.vahoo.com/r/hs • Page 2 Rebel ca Fox - Re: Fwd: Railroad com r nce with Tukwila land use regs? From: Peter Beckwith To: Fox, Rebecca Date: 01/10/2008 9:19 am Subject: Re: Fwd: Railroad compliance with Tukwila land use regs? Hi Rebecca, Until BNSF provides a legal basis for why they are exempt, let's assume that they must comply with our code. If they can show that they are exempt under federal law, it won't matter what action the City takes. So I wouldn't worry about trying to take any emergency action. Peter >» > Rebecca Fox 01/09/2008 4:52 pm >» > Peter, • Thank you. I will proceed as if BNSF were a regular applicant. In fact, being subject to Tukwila's land use & zoning regulations and Comp Plan map would have a large impact on BNSF's plans for expanding its rail yard. It desires to change the Comprehensive Plan and Zoning designation from LDR (Low Density Residential) to MIC -H (Manufacturing Industrial Center - Heavy). Not only is this a huge jump from single - family residential to heavy industry, but if the property were zoned MIC -H, it would be part of the "PLanned Action." Any future development that BNSF proposes will have very limited environmental review. BNSF anticipates a 2/15/08 closing date (or earlier) for the property that it's purchased. So, it doesn't officially own the property yet. Does this temporary "non ownership" give us any special opportunity for taking action or getting a better application? Since BNSF is not yet the official owner, I wonder if there's some kind of emergency action that we could take prior to the property's closing. We can amend the Comp Plan only once per year...unless it's an emergency. Just trying to think outside the box... Rebecca >» > Peter Beckwith 01/08/2008 5:54 pm >» > Rebecca, BNSF may be exempt from the City's land use regulations. The federal Surface Transportation Board has exclusive jurisdiction over certain aspects of railroad operations including but limited to, "the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks, Page 1 • Rebecca Fox - Re: Fwd: Railroad com nce with Tukwila land use regs? or facilities. 49 U.S.C. 10501. Local land use regulations that restrict these operations are preempted by federal law. City of Seattle v. Burlington Northern R. Co., 105 Wn. App. 832, 837 (2001). For example, the court has found that local government environmental permitting regulations affect railroad operations and are therefore preempted. City of Auburn v. U.S Government, 154 F.3d 1025, 1031 (1998) It is not clear from your e-mail what impact the City's comp plan /zoning map regulations have on BNSF. However, since BNSF is trying to work with the City, I would suggest that you treat them like any other applicant. If their application is insufficient tell them what addition information you need. If BNSF decides not to proceed with a comp plan /zoning map change, should they proceed with an activity that is not in compliance with the City's land use regulations, the City can assess whether the City's regulations are preempted by federal law or whether to enforce its regulations against BNSF. Peter Peter B. Beckwith Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah, Washington 98027 425/392 -7090 - phone 425/392 -7071 - fax PeterC@KenyonDisend.com >» Rebecca Fox 01/07/2008 10:25 am »> Shelley and Peter, Thanks. Rebecca Fox Senior Planner City of Tukwila • In its application for comp plan amendment, BNSF Railroad asserts that they are not subject to local land use requirements and regulations. Is this the case? I believe that this is an overly broad statement of their power. Please advise. I would appreciate your response as soon as possible so that I can reply to BNSF regarding their application. (Refer to the attached e-mail sent last week.) Page 2 • Rebecca Fox - Re: Fwd: Railroad comece with Tukwila land use regs? 6300 Southcenter Boulevard Tukwila, WA 98188 206 - 431 -3683 (tel) 206 - 431 -3665 (fax) rfoxc ci.tukwila.wa.us • Page 3 2/11/08 • • TCW Christa Young representing BNSF re incomplete application T: 425 -921 -1727 Explained to Christa that it was the applicant's responsibility to provide a complete application and to address /answer all questions in application checklist. This will give the City Council the information that they need to make a threshold decision. Christa said that she understood, and would submit the materials in a timely manner. Christa also said that BNSF is interested in buying John Erickson's property (12560 51 Pl. S., Tax # 0179002230) She said that the realtor had told Mr Erickson that BNSF was not interested in his property and that the property was listed as "future industrial" in the Multiple Listings. We should expect phone calls about it. Christa felt that this listing was inappropriate, and that the BNSF was actually interested in purchasing the property. TUKWILA COMPREHENSIVE IN Tukwila Urban Center r� m.o . iii _ - , •. Vi ,�,i*/1/////����� \ \ \� \\,... - • i b _ 'yam -.17.... 1: iiiatai Figure 31 — Tukwila Urban Center transit facility 10.3.4 Transportation Alternatives. Ensure that land use, urban design, and transportation and circulation actions for employees support and reinforce transportation alternatives, including the Commute Trip Reduction programs, Transportation Demand Management (TDM) programs, Rideshare programs, and related projects and programs (i.e. parking provisions for alternative transportation modes). IMPLEMENTATION STRATEGIES ♦ Support for businesses in implementing the Commute Trip Reduction Program and related transportation demand management programs • Encourage alternative transportation modes 10.3.5 Pedestrian Network. Create a non - motorized transportation network by exploring the use of railroad rights-of-way as pedestrian paths; utilizing public /private funds to augment the existing network, and create connections between sites, within sites, and from building entrances to the street. IMPLEMENTATION STRATEGIES Plan View ♦ Public /private funds to augmented pedestrian network ♦ A comprehensive pedestrian master plan with implementation strategies for both public and private development + Development standards to augment the pedestrian network and sidewalk and trail system • Require safe, direct pedestrian connections from sidewalk to building entrances 124 December 3, 2007 January 10, 2008 Christa Lynn Young Pharos 123 2 Avenue S. PO Box 1569 Edmonds, WA 98020 Dear Ms. Young: • • city of Tukwlla NOTICE OF INCOMPLETE APPLICATION RE: BNSF South Seattle Rail Yard Expansion L07- 093 -- Comprehensive Plan-- LDR to MIC -H request L07-094--Zoning Map —LDR to MIC -H request rf -1- Q: \Comp Plan 2007- 2008\BNSF - -L07 -093 & L07- 0941INCOMPLE.DOC Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Your applications for a Comprehensive Plan redesignation and zoning map changes located at 12522 51 Place South have been found to be incomplete. In order to complete the applications, the following must be submitted to the permit center: a. L07 -093 Comprehensive Plan— Provide a written response to the criteria listed at TMC 18.80.050 and 18.80.010 (enclosed) b. L07 -094 Zoning – Provide a written response to the criteria listed at TMC 18.84.030 (enclosed) These items were included as part of the application forms that you filled out. I am enclosing duplicates for your convenience. Upon receipt of these items, the City will re- review them for completeness and will mail you written notification of completeness or incompleteness within 14 days. These applications will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to Section 18.104.070(E). 01/10/2008 If you have any questions about this matter, you may contact me at 206 - 431 -3683 or via e-mail at rfox @ci.tukwila.wa.us. Sincerely, Rebecca Fox Senior Planner Enc. rf -2- Q: \Comp Plan 2007- 2008\BNSF - -L07 -093 & L07- 094 \INCOMPLE.DOC • • 01/10/2008 COMPREHENSIVE PLAN AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.050) Demonstrate how each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: 1. Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for the proposed change? 2. Why is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? 3. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. P.\ Planning Forms\ Applications\ 2007 Applications \ CompPlanChg-12-07.doc, 12/07/07 ZONING CODE AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. 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 proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive 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; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and (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. P: \Planning Forms \Applications \2007 Applications \ ZoneChng-12-07.doc 12 -07 STATEMENT OF BNSF RAILWAY, INC. SUBMITTED TO THE CITY OF TUKWILA TO ACCOMPANY APPLICATIONS TO AMEND THE ZONING CODE AND COMPREHENSIVE PLAN December 27, 2007 BNSF Railway, Inc. ("BNSF") is the purchaser under an agreement dated December 21, 2007 with 12522 51 Place South LLC for the purchase of that certain property located at 12522 51 Place S, Tukwila, WA. This property consists of three, contiguous parcels of land, identified as King County Tax Parcel Nos. 0179002155, 0179002160, and 0179002110 (the "Property"). The Property contains approximately 1.39 acres. It is currently zoned Low Density Residential based on the City of Tukwila Comprehensive Plan Map and Zoning Map. BNSF proposes to change the Comprehensive Plan designation and the Zoning designation to MIC /H — Manufacturing Industrial Center/ Heavy Industrial. The sale to BNSF is scheduled to close on or before February 15, 2008. BNSF owns and operates the adjacent South Seattle Rail Yard. This yard lies directly to the northeast of the Property and along the north and northeastern boundaries of the Property. The Property was purchased for railroad purposes for future expansion of the existing yard. BNSF is now submitting its applications to amend the Zoning Code and the Comprehensive Plan of the City of Tukwila, Washington. As an operating railroad, BNSF is not required to comply with local land use regulations and these applications should not be construed as submission to local jurisdiction in any way. However, BNSF desires to work with the City of Tukwila in good faith and to accommodate the City's processes as much as reasonably possible. BNSF Railway has no plans for immediate development and therefore previously requested a waiver and exemption from submitting development plans, as permitted in the application process, and hereby formalizes the request. The expansion of the yard may or may not involve additional improvements to the property but the property will be used for railroad purposes, associated with current yard expansion. In the event improvements are to be constructed, BNSF will comply with all applicable City requirements and will submit any plans to update these applications. BNSF is currently negotiating to purchase additional contiguous property (Tax Parcel No. 0179002195). In a recent conversation, Stacy MacgGregor confirmed that this parcel could be added to these applications at a later date, and that the City would not require separate applications. BNSF understands that its applications will be reviewed and considered during the 2008 calendar year. FOR STAFF USE ONLY Permits Plus Type: P -CPA Planner: 1-et Cee f File Number: LO - 0 9 3 Application Complete (Date: 17,1 271,7) Project File Number: Application Incomplete (Date: III of 05 ) Other File Numbers: x.. o 1 - 0 q it 4 • • CITY (SF TUKWILA Department of Conununity Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan a ci. tukwila. wa. us COMPREHENSIVE PLAN AMENDMENTS NAM A OF PROJECT /DEVELOPMENT: S 1 SDOkk cee'rl l+) �/ \I J ek LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. “ - P1 �S Ti Oil a El e jGA(�v� ltl LIST ALL TAX LOT NUMBERS (this information may be found on your lax statement). t116 002-1{r, D171 voiA b ol Lt 0 DEVELOPMENT COORDINATOR : The individual who: o has decision making authority on behalf of the owner /applicant in meetings with City staff, a has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and O is the primary contact with the City, to whom all notices and reports will be sent. Name: pysz Address: 2-•S 0 4--ou Ika t-•Ie--- b thue. / 25.0 k3.3 rex+ 1 /06 Phone: b1 '25F)1 FAX: ° U' f"I' 551- ' 111 E -mail: Sa.t 4tAos . b G3 bN' 401A Signature: �'' Date: 21 Norte - n+p„ rc_4/24 sr ye) u N c V,! i n4 Hipty c 5 1- oN h' 'f pf<- hkf-t --F• ICI -A.rl � f_ 7b T tt IS P: \Planning Forms\ a \ pphcatiom \CompPlanChg -0&07.do: p June 6.2007 Existing: L/ Proposed: A • A. COMPREHENSIVE PLAN DESIGNATION: LAD 4) 2 - I PP 1 4t S ic\t,, cL Proposed: tv, l C✓/ H — ( lt1Ll1��"�d/u� l i/! Inc I S I Y B. ZONING DESIGNATION: ocA • C. LAND USE(S): Existing: \Jc JAM" LAM Proposed: D - TcY VAiVt>aa PtAllyuca A 2A i) (lard E (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. ;few NE 1 t cc �-� 'ls c,tiv'►� 1-I --1 I bct c� . E t , i sp 1/4 5:041A S;&144-11 1074 oiAl pap bit -- 3( -' L c w y fv2,tneAc ,✓ Vvu' 1 S --i and cxc1 d t- Yvik 1 (% 1(13cAc:t s a vg - 6,1 M-&k -Pru:■ 1 -HAA ;V' -kM AY- & . "the IWt s-k- S uA�" (&V ,.� L�Zs fi ,1 ii P:\ Planning Forms\ Applications\ CompPlanChg- 06•07.doc June 6, 2007 • • Drawn DUANE HARTMAN & ASSOCIASS'S, INC. — Surveyors — IMBI 4100011141E- IBBOB11161X B-107 (40 -BBB 1111 XIMlc 1R7•SB111 WW2 Ra (420 416-4111 SDD (Date 12/28/07 (Jab No. CR -121 Checked 0Th 1 CR1211DFZONE.DWG (Sheet I of 1 SOUTHWEST QUARTER OF SOUTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON lelYairc 7W1V[A1c iT .d. at t eeee.t. Intanrenen of 42nd kw Bean end Seen ,246 !beet South 124th Street un.tm uc Found atte Intrnatien el 40th Ave death end South 1710 !beet r--ea OPE MN AT RR[ SCAL F NOT ME eOY Salt£ AOtY REZONE OF TAX PARCELS 017900 -2110, 2155, AND 2160 SURVEYORS NOES L DB QM HNI B BAD WON BBB BY ODDS 16011110 01 t4BBM HAS NCR 14331 FED =FED. I DE FUME K MIS Ni? B W PAR= A DUPE BY SE IBIBBEI 0180® 146643IY rtutu 1,371,4• ? 6716, A- 3111.73' 4. Ia11Bl$Y 1/4 v EE SOUDIESIS t/4 1EPm1 6. D IBRDL 4 EASt B . • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98/88 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us COMPREHENSIVE PLAN AMENDMENTS INFORMATION Tukwila's Comprehensive Plan policies are implemented by its Zoning Code. Any change to a property's Comprehensive Plan designation will also require rezoning of the property and the submittal of a separate Zoning Code Amendment application. Tukwila's Comprehensive Plan policies, land use designations and zoning regulations are the result of extensive discussion by residents, business owners and community groups. The community developed these policies and regulations based on consideration of existing conditions and long -term, community- wide goals. When an amendment is considered, the burden is on the proponent to demonstrate that the change is justified. An amendment may be appropriate in light of new information that affects assumptions on which the Comprehensive Plan and Zoning Code were based, unanticipated changes in community conditions or goals, or in the interest of public safety and welfare. It is important for the City to review and revise the plan as conditions and community priorities change. The relevance of the Comprehensive Plan and Zoning Code is based, in large part, on being up -to -date. The requirements and procedures are listed below. PROCEDURES: The Growth Management Act (GMA) allows a city's Comprehensive Plan to be amended no more than once each year except in an emergency or to amend the Shoreline Master Program (RCW 36.70A.130). Chapter 18.80 of the Tukwila Municipal Code (TMC) outlines a two -stage process for submittal and review of the proposed Comprehensive Plan Amendment. At the time you submit your application you must have all of the items listed on the attached "Complete Application Checklist." You may request a waiver from items on the checklist that are not applicable to your project. Please discuss this waiver request with City staff either at a pre- application meeting or at the time of application submittal. Within 28 days of receiving your application, City staff will determine if it is complete based on the attached checklist. If not complete City staff will mail you a letter outlining what additional information is needed. If you do not submit requested materials within 90 days from the City's request for additional information the City may cancel your application. All Comprehensive Plan Amendment applications are due by December 31. The City Council holds a public meeting the following spring for a threshold review of proposed Comprehensive Plan and/or Zoning Code Amendments received prior to the December 31 deadline. City Council may either: 1) reject the proposal; 2) defer consideration until a later date; or 3) refer the proposal for additional review. Additional review includes environmental analysis and a hearing and recommendation by the Planning Commission. After the Planning Commission reviews an application and makes its recommendation, the proposed Comprehensive Plan and/or Zoning Code Amendment returns before the City Council for Public Hearing and final decision. P: \Planning Forms \ Applications \CompPlanChg -06-07,doc June 6, 2007 Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning APPLICATION MATERIALS: X 1. Application Checklist (1 copy) indicating items submitted with application. X 2. Completed Application Form and drawings (4 copies, if applying for a Zoning Code Amendment do not duplicate materials). X 3. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). 4. One set of all plans reduced to either 8 1/2" by 11" or 11" by 17 ". X 5. Application Fee — $1,170. Y. 6. Zoning Code Amendment with fee if requesting a map change, do not duplicate materials. 7. SEPA Environmental Checklist with fee once application is referred by the City Council to the Planning Commission for review. PUBLIC NOTICE MATERIALS: � I /` 8. Payment of a $365 notice board fee to FastSigns Tukwila or Provide a 4' x 4' public notice board on site within 14 days of the Department determining that a complete application has been received (see Public Notice Sign Specifications Handout). X 9. Payment of a $105 mailing label fee to the City of Tukwila or Provide two (2) sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subject property. Note: Each unit in multiple - family buildings - -e.g. apartments, condos, trailer parks- -must be included (see Public Notice Mailing Label Handout). A 1 r‘ 10. If providing own labels King County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot. PROJECT DESCRIPTION AND ANALYSIS: X 11. Provide a written response to the criteria listed at TMC 18.80.050 and 18.80.010 (included in packet). I / ^ NI V r 12. Provide two copies of sensitive area studies such as wetland or geotechnical reports if needed per Tukwila's Sensitive Areas Ordinance (TMC 18.45). See Geotechnical Report Guidelines and Sensitive Area Special Study Guidelines (online at www.ci .tukwila.wa.us /dcd /dcdplan.htm) for additional information. SITE PLAN: X 1 13 (a) The site plan must include a graphic scale, north arrow and project name. Maximum size COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived, or should be submitted at a later date for use at the public hearing (e.g. colored renderings). Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow starting project review and vesting the applicant's rights. However, they in no way limit the City's ability to require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206- 431 -3670 (Department of Community Development) and 206 -433 -0179 (Department of Public Works). P \ Planning Forms\ Applications\ C ompPlanChg- 06- 07.doc lune 6, 2007 Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning 24" x 36 ". tJ !A (b) Existing and proposed building footprints. Nips. (c) Vicinity Map with site location, does not have to be to scale. Nil A (d) Landscape areas sufficient to meet Zoning Code requirements, planting plan is not required. till A (e) Parking lots, driveways and access roads. !J /A (f) Loading and service areas. n j /A (g) Fences, rockeries and retaining walls 1s1 /A (h) Proposed lot and tract lines if applicable. (\I/A (i) Location of all tracts to be dedicated to any public or private purpose with notes stating their purpose NI // (j) Plan showing the location of all sensitive areas (e.g. streams, wetlands, slopes over 15 %, coal mine areas and important geological and archaeological sites) and their buffers and setbacks. NI A (k) Dash in setback distances required under proposed zoning from all parcel lot lines. OTHER: 1 r /� 1 V / 14. Scalable building elevations of proposed structures with keyed colors and materials. Show mechanical equipment and/or any proposed screening. NVA 15. A color and materials board representing the proposed project is optional. Ii /P■ 16. A rendering is optional. If submitted it must accurately show the project and be from a realistic perspective (5 to 6 feet above the sidewalk). P: \Planning Forms \ Applications \CompPlanChg -06-07.doc June 6,2007 1 NAM OF PROJECT /DEVELOPMENT: S F Spy ceeL'1 12A U \ ek J • • CITY OF TUKWILA Department of Conumurity Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: nukplan a ci. tukwila. wa. us C M PREHENSIEVE PLAN M E ND 10/x[ 1E NT S A LOCATION OF PROJECT/DEVELOPMENT: Give street address or, rf vacant, indicate lot's), block and subdivision, access street, and nearest intersection. r i s+ pi s T i I a LILA El A i \ibt( I (0, ►�a v� �-i c; 4-' 1 er)LA. A I p oil DO 20 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). DEVELOPMENT COORDINATOR : The individual who: e has decision making authority on behalf of the owner /applicant in meetings with City staff, 6 has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and o is the primary contact with the City, to whom all notices and reports will be sent. (-- Name: LS 0 Lou 1\j Q4Ale -• b vYVe / l 3 . 3 r xk Phone: 2.• '2.381 FAX: O11 5S2 • 1 E -mail: Ga.tAAvb.. IO f C3 bN' F. 4exv■ Signature: �"" Date: 21 (:.d- - 0/ I cAir{z4 5 ('14c Y ©U ICI G— 4111'4 1-1 f Ft ' `p t7N Vf P�� - �.►-F t - 4- .r1 `IF_ re) Tt+►5 P\ Planning Forms\ Applications \CompPlanChg -0bOZdoc June 6, 2007 FOR STAFF USE ONLY Permits Plus Type: P-CPA Planner: File Number: Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: 1 NAM OF PROJECT /DEVELOPMENT: S F Spy ceeL'1 12A U \ ek J • • CITY OF TUKWILA Department of Conumurity Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: nukplan a ci. tukwila. wa. us C M PREHENSIEVE PLAN M E ND 10/x[ 1E NT S A LOCATION OF PROJECT/DEVELOPMENT: Give street address or, rf vacant, indicate lot's), block and subdivision, access street, and nearest intersection. r i s+ pi s T i I a LILA El A i \ibt( I (0, ►�a v� �-i c; 4-' 1 er)LA. A I p oil DO 20 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). DEVELOPMENT COORDINATOR : The individual who: e has decision making authority on behalf of the owner /applicant in meetings with City staff, 6 has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and o is the primary contact with the City, to whom all notices and reports will be sent. (-- Name: LS 0 Lou 1\j Q4Ale -• b vYVe / l 3 . 3 r xk Phone: 2.• '2.381 FAX: O11 5S2 • 1 E -mail: Ga.tAAvb.. IO f C3 bN' F. 4exv■ Signature: �"" Date: 21 (:.d- - 0/ I cAir{z4 5 ('14c Y ©U ICI G— 4111'4 1-1 f Ft ' `p t7N Vf P�� - �.►-F t - 4- .r1 `IF_ re) Tt+►5 P\ Planning Forms\ Applications \CompPlanChg -0bOZdoc June 6, 2007 • • • A. COMPREHENSIVE PLAN DESIGNATION: Existing: t-Q Z - pp,►AS 1 128 1G1 V+( ik.a) Proposed: M t L/ H Mavu t t 0 J1 - -fei wee.41 t4k. B. ZONING DESIGNATION: Existing: L' ?_ i,o, Pes ; Proposed: G C. LAND USE(S): Existing: \IGILAV *' LAM, Proposed: 1 — .1 -0( i �f.�Gk pokii-ovca i 1 ����✓� I C (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. Ne 1 Goc -F-t- l� �.'►r -�� I acc�k� vl% - 1'144. owl -.A 4'14-t r��,V QY\S t ✓� �I S od d l l-►s 1 (0 1(c ka Sa vg i vet �.f�dl ■ I i+itS I - 0 - & � . fi►\e ftt t 4-t- WaSJ( S rkh OWhi&;�t,�zS� V -fcil1 howl. P:\ Planning Forms \ Applications\ CompPlanChg-06- 07.doc June 6, 2007 • DUANE HAR MAN & ASSOCIATES, INC. — Surveyors - 160 111X OVM1E -EDI OM E1E1 0401 (CO 407 -til56 iM21IM1& R9•OIM1 11072 MN (6ilQ 03-I100 Drawn SDO Dote 12/20/07 Job No. CR-121 Checked DTH • CR121REZONE.EI I WG Sheet I of I SOUTHWEST QUARTER OF SOUTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON ®evo46t 944O Cfr c �a a " u e.°'e' Intmodlen South end Cad Ago Basel 124th e.., South 124th Street 1417.10 Feed .d III ee.eer. Ie...a.etthe 41Ith MIN Intsuictlen . eee Smith 1246 Strut AT RIL SOIL F NOT ONE NON OWE ACCORDINGLY SURVEYORS NOTES LUB CE RIM M BMT. UM Int BY OX010 111111110011 M OS NM SIT ESN ISIS Ems. L 112 MAZE Di IBS BP S Al MIME A 020.E OF M2 WEIS fEMMtED POOKRTY REZONE OF TAX PARCELS 017900 -2110, 2155, AND 2160 10 01Cty Egmont Yr. 1+.370.64' t 52' 0- II.7Y .• 57 Id BI..FS►1 4 v UNE m11NEU ttA 1 4 EC= 11. O mut 4 EAST. 01X0 • • STATEMENT OF BNSF RAILWAY, INC. SUBMITTED TO THE CITY OF TUKWILA TO ACCOMPANY APPLICATIONS TO AMEND THE ZONING CODE AND COMPREHENSIVE PLAN December 27, 2007 BNSF Railway, Inc. ( "BNSF ") is the purchaser under an agreement dated December 21, 2007 with 12522 51 Place South LLC for the purchase of that certain property located at 12522 51 Place S, Tukwila, WA. This property consists of three, contiguous parcels of land, identified as King County Tax Parcel Nos. 0179002155, 0179002160, and 0179002110 (the "Property "). The Property contains approximately 1.39 acres. It is currently zoned Low Density Residential based on the City of Tukwila Comprehensive Plan Map and Zoning Map. BNSF proposes to change the Comprehensive Plan designation and the Zoning designation to MIC /H — Manufacturing Industrial Center/ Heavy Industrial. The sale to BNSF is scheduled to close on or before February 15, 2008. BNSF owns and operates the adjacent South Seattle Rail Yard. This yard lies directly to the northeast of the Property and along the north and northeastern boundaries of the Property. The Property was purchased for railroad purposes for future expansion of the existing yard. BNSF is now submitting its applications to amend the Zoning Code and the Comprehensive Plan of the City of Tukwila, Washington. As an operating railroad, BNSF is not required to comply with local land use regulations and these applications should not be construed as submission to local jurisdiction in any way. However, BNSF desires to work with the City of Tukwila in good faith and to accommodate the City's processes as much as reasonably possible. BNSF Railway has no plans for immediate development and therefore previously requested a waiver and exemption from submitting development plans, as permitted in the application process, and hereby formalizes the request. The expansion of the yard may or may not involve additional improvements to the property but the property will be used for railroad purposes, associated with current yard expansion. In the event improvements are to be constructed, BNSF will comply with all applicable City requirements and will submit any plans to update these applications. BNSF is currently negotiating to purchase additional contiguous property (Tax Parcel No. 0179002195). In a recent conversation, Stacy MacgGregor confirmed that this parcel could be added to these applications at a later date, and that the City would not require separate applications. BNSF understands that its applications will be reviewed and considered during the 2008 calendar year. Drawn DUANE HARTMAN & ASSOCIATES, INC. - Surveyors - NNI E0®M1E41111115 Rf, I-107 (415) 4E0-E5E =ON= EEIEOOI N0R1 FOX (411) 413- Date 12/26/07 l (oh No. CR -121 CR121REZONEAWO Sheet 1 of 1 SOUTHWEST QUARTER OF SOUTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON severet 2441107CALC South 124th Street e � ��}� r 6 4 4 e ^' oy, % A'PIAT 1417.,0CNC � �/ �'T � It,„ �\\\{{{{ ' °i' A9 36 „ mat nail 449d at old F_ ,246 Dart Mem& at On «�S e d bath 1246 Wad ►-_1546 LYE NCH AT au. NIUE / NOT OW MN SCALE At+D0FID11a7 REZONE OF TAX PARCELS 017900 -2110, 2155, AND 2160 • • 10' Donntalt MAU suayEYORSN01E5 1. 1115 WE RAN S BOND IPSI OM BY OURS WOW= MIN NM E15 E®1 FED WM. L 11E RNIN£ OF 1115 WY S ID MIME A Nett 611E I15EICI OWNED NISFRIY U.a7844' , Dane' e.3a39.73 ENNEII 07 1HE SCUMMY 1/4 SEMI 5. i a NO RD; PIM 4 SSt El. • , C e J eXPsfi‘-`) • • City of Tukwila Rezone Parcels from LDR to MIC /H /.� BNSF Closed 2/15/08 Offer Pending March 3rd_Erickson Offer Pending TBD_Codiga Offer Pending TBD_Hutch & Son LLC 2 Offer Pending TBD_Wilkinson Potential Acquisition Under Contract_Hutch & Son LLC 1 BNSF Owned Parcels tk1% 'Ot , •ati *--- ‘,Impiika 40' -• "Ca CityGIS C it N y 400ft Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. Page 1 of 1 t.1+r.• / /mnr.c .t;rt;*olmmr.nPn +rQ1 nnm /r.rnrinn4;nr. /r;4.rr.TQ /v(17 (11 AlA /;r,r l.rml Al /')d /7(1(1Q 4 . CityGIS Page 1 of 1 CityCoSTM I rkgliaP Property APN 3347400746 Mr APN: 3347400746 Address: , SEATTLE WA, 98178 Owner Name: N P RY CO Owner Address: , , Owner Phone: Living SF: Acres: 2.0646 Lot Front: Lot Depth: Legal 3 THRU 42 4 HILLMANS MEADOW GARDENS DIV #1 Description: 58 FT R/W Land SF: 89933 Land Use: TRANSPORT: EASEMENT Year Built: Assessed Value: $1,072,800 TBM Page: - source: TAX_UPDATE ( 06/01/2005 00:00 ) 11 Full Property Detail ra Business Name Lookup 11 Create Markup U Add New Note Fa Attach Document • ▪ Tax Maps: 1 U ZONING: LDR U Patrol District: T -9 U WATERDISTRICT: TUKWILA U REPORTDISTRICT: 140 Li Sewer District: TUKWILA Markup Lon: - 122.27603 Lat: 47.49644 400ft What's New Help b� . 'M DIGITAL MAP L Default - N I , TC , /__n^1 n1 n^1 /• _ 1 ♦ 1 n1 l a Innnn Drown SW Checked 0TH Date 12/28/07 CR121RQONE.DWG DUANE HARTMAN & ASSOCIATES, INC. - Starveyors teee IMODIMIE -IEDNYR Bil B-IW (47E 43 mow= sew= tern FAX (4>b Ia4100 ' Job No. CR -121 Sheet I of 1 SOUTHWEST QUARTER OF SOUTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON emrv4re 244600VIa dart at tho 42nd Ad South cad sane 124th Shad South 124th Street 14nm a1n Mond. et en bEunueflen of 4e0 Ad South ad South 1240 Shat r— OW MAN AT FULL SOLE F AW ate MI SOLE AtC.Y suRvemas NOTES 1. SW SEE PWI O BAND UPON 0!t BY OSERS PBOSYILOI RIM, NW BOY NEI FED ERRE L SE PURPOSE OF MB NAP O W REM A RE NE IF SE IMO ®O® WOFERTY REZONE OF TAX PARCELS 017900 -2110, 2155, AND 2160 Roo. Dwane 9 000 SS7b' RN015 EO1BIBQT 1 4 O' SE 010MS11 4 WESW IL EWEDI RN 4 EAST. BY