HomeMy WebLinkAboutPermit L07-094 - BYE SANDRA - REZONEBNSF SEATTLE RAIL YARD EXPANSION REZONE
COMPREHENSIVE PLAN AMENDMENT
COMPREHENISVE LAND USE AMENDMENT
12522 - 51 PL S
L07 -094
Department of Community Development Jack Pace, Director
Christa Lynn Young
HDR/Pharos
123 Second Avenue S.
P.O. Box 1569
Edmonds, WA 98020
May 20, 2008
Re: BNSF Seattle Yard Expansion
Comprehensive Plan amendment - -LDR to MIC /H (File #L07 -093)
ZONING CODE AMENDMENT 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 a..ci.tukwila.wa.us.
Sincerely,
Rebecca Fox
Senior Planner
Jim Haggerton, Mayor
Rf 1 05/21/2008
O• \Cmmn Plan 7007- 200R \RNSF - -1 07 -093 R 107- 1194 \RNSFdnsafila rinr.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 e 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
Sincerely,
Sandra J Bye
Director of Acquisitions and Development
BNSF Railway
Direct line: 817.352.2387
Cell: 817.372.8602
•
Page 1 of I
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.
fi 1 P• //f • \tamr. \YA(:r„Ull;on \ Q') 1111 A 21„1, m.,;1i111n ..`.7nrnnnnn2Q 1') A 1 C' 1 \r un nnnn 1 nc tlnt7nnO
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a
rista Lynn Young
HDR /Pharos
123 Second Avenue S.
P.O. Box 1569
Edmonds, WA 98020
April 1, 2008
•
City of Tukwila
Department of Community Development
Re: BNSF Seattle Yard Expansion
Comprehensive Plan amendment - -LDR to MIC /H (File #L07 -093)
Rezone LDR to MIC /H (File #L07 -094)
Dear Ms. Young:
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 rfoxci.tukwila.wa.us.
Sincerely,
/?eiSeee."-6(.
Rebecca Fox
Senior Planner
Enc.
Cc Ray Roman
Rf 1
(1.1r.mmn Plan 9007- 9fflR\RNSF - -I 07 -OQ'A R 107- OQ4 \RNSFinaptinnRPxtancinn e1nr
Jim Haggerton, Mayor
Jack Pace, Director
04/03/2008
January 10, 2008
Christa Lynn Young
Pharos
123 2 Avenue S.
PO Box 1569
Edmonds, WA 98020
Dear Ms. Young:
City of Tukvvila Jim Haggerton, Mayor
Department of Community Development Jack Pace, Director
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
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).
if - I -
Q: \Comp Plan 2007- 2008\BNSF - -L07 -093 & L07- 094\INCOMPLE.DOC
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 co mmunity? 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 Applc ations \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
January 10, 2008
Christa Lynn Young
Pharos
123 2 Avenue S.
PO Box 1569
Edmonds, WA 98020
•
City of Tukwila Jim Haggerton, Mayor
Department of Community Development Jack Pace, Director
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
Dear Ms. Young:
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).
rf -1-
Q: \Comp Plan 2007- 2008\BNSF - -L07 -093 & L07- 094 \INCOMPLE.DOC
01/10/2008
6300 Southcenter Boulevard_ Suite #100 • Tukwila- Washinntnn OR/RR • Phnnn- 2fi - 1 - Th7n • FOY• 2nAi_d?1_QRfis
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 2 007 - 2008 \BNSF - -L07 -093 & L07- 094 \INCOMPLE.DOC
01/10/2008
•
P: \ Planning Forms \Applications \2007 Applications \ CompPlanChg-12-07.doc, 12/07/07
•
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.
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
Rebecca Fox - Re: Fwd: Railroad connce 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.ce with Tukwila land use regs?
J
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
Peter(@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 connce with Tukwila land use regs?
y
w
6300 Southcenter Boulevard
Tukwila, WA 98188
206 - 431 -3683 (tel)
206- 431 -3665 (fax)
rfox@ ci.tukwila.wa.us
•
Page 3
•
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.
• a
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E- ,rail: tr►kplan(ci.tukwila.wa.us
NAME OF PROJECT /DEVELOPMENT: ' ZNIS'F t, LAO"- I'l•( - p kje,ArCt
C)cprniviSIrAn
LOCATION OF PROJECT /DEVELOPMF,NT: Give street address or, if vacant, indicate lot(s), block and
subdivision, access street, and nearest intersection.
12�tL2 - S j S�
Pt �✓� /J t I v JA d Gld J ova ✓1-{- 1h-its) ,
-t 4e,y1 -h Yi,c1 &s j:4 Cdt���- j - I r ci ac'Lr
LIST ALL TAX' LOT NUMBERS (this information may be found on your tax statement).
Di tuD O 1 1 lc) oi11oDtiss
Z N1 G C(S) 1rE
AMENDMENTS
Mb Lao
DEVELOPMENT COORDINATOR :
The individual who:
o has decision making authority on behalf of the applicant in meetings with City staff,
® has full responsibility for identifying and satisfying all relevant and sometimes overlapping
development standards, and
• is the primary contact with the City, to whom all notices and reports will be sent.
Name: PJ9¢-
Address: 25 oc.9 I-00 eit -. (vttc- ,A`e(3'3 F °`r'' )M4A. `r), 10 131
Phone: 5 52 9.---551 FAX: cSl1 • ;35'2—
E-mail: SAN P P+. f F $ts4 s c.e IM
Signature: ` > 1P-41 1tr 151 Date: a-I • ' o 1
. c• t.lorl - c-441 Yairtcl v.lirl- F os MAsf A. c-r
oN 1 "(''( t(-1-+ -F- ( Tb 1141
P:\ Planning Forms\ Applications\ ZoneChnp,- 12- 06.doc December 4, 2006
FOR STAFF USE ONLY Permits Plus Type: P-ZCA
Planner:
File Number: L.01— a1 4
Application Complete
(Date:
)
Project File Number:
Application Incomplete
(Date:
)
Other File Numbers:
• a
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E- ,rail: tr►kplan(ci.tukwila.wa.us
NAME OF PROJECT /DEVELOPMENT: ' ZNIS'F t, LAO"- I'l•( - p kje,ArCt
C)cprniviSIrAn
LOCATION OF PROJECT /DEVELOPMF,NT: Give street address or, if vacant, indicate lot(s), block and
subdivision, access street, and nearest intersection.
12�tL2 - S j S�
Pt �✓� /J t I v JA d Gld J ova ✓1-{- 1h-its) ,
-t 4e,y1 -h Yi,c1 &s j:4 Cdt���- j - I r ci ac'Lr
LIST ALL TAX' LOT NUMBERS (this information may be found on your tax statement).
Di tuD O 1 1 lc) oi11oDtiss
Z N1 G C(S) 1rE
AMENDMENTS
Mb Lao
DEVELOPMENT COORDINATOR :
The individual who:
o has decision making authority on behalf of the applicant in meetings with City staff,
® has full responsibility for identifying and satisfying all relevant and sometimes overlapping
development standards, and
• is the primary contact with the City, to whom all notices and reports will be sent.
Name: PJ9¢-
Address: 25 oc.9 I-00 eit -. (vttc- ,A`e(3'3 F °`r'' )M4A. `r), 10 131
Phone: 5 52 9.---551 FAX: cSl1 • ;35'2—
E-mail: SAN P P+. f F $ts4 s c.e IM
Signature: ` > 1P-41 1tr 151 Date: a-I • ' o 1
. c• t.lorl - c-441 Yairtcl v.lirl- F os MAsf A. c-r
oN 1 "(''( t(-1-+ -F- ( Tb 1141
P:\ Planning Forms\ Applications\ ZoneChnp,- 12- 06.doc December 4, 2006
• •
A. COMPREHENSIVE PLAN DESIGNATIO
Existing: Lp2 - Lou.) oeva
Proposed: W 1(, / ►`� — Mtkal t t 1 ill itiatA lCf1 CV.V\1'.& /
4 0\1 / 1 IAA ia I
B. ZONING DESIGNATION: Pecs; 1
Existing: � Q ►Z — L� NASA-) (` 1.e vl+ 1 ,' "
Proposed: 1 " 1 t (',/ i ' t � R C"�h -✓ 1 ✓� °, L U� O I Ce,t -k V
C. LAND USE(S):
Existing: /ACC tYl-l- 1,0 0/0
C'
d 1
Proposed: 'rE I) — eo,( 1 V tCSA pN✓ - A p_A, tik✓c -1
(for proposed changes in land use designations or rezones) G'j( ($ 1
P:\ Planning Forms\ Applications\ ZoneChng- 12 -06.doc December 4, 2006
• •
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DUANE HARIYAN & ASSOCIATES, INC.
— Surveyors —
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Date 12/26/07 l Jab No. CR -121
CR121RMONE.DYNG 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
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CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E -mail: tukplan @ci.tukwila.wa.us
ZONING CODE
AMENDMENTS
INFORMATION
Tukwila's Zoning Code implements its Comprehensive Plan policies. Rezoning a specific area (map
change) will require a corresponding change to the Comprehensive Plan designation and the submittal of
a separate Comprehensive Plan Amendment application. A text change to the Zoning Code does not
necessarily require a Comprehensive Plan change.
The 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 Code 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 18.84 of the Tukwila Municipal Code (TMC) outlines a process for
submittal and review of the proposed Zoning Code Amendment.
Text Changes
Changes to the allowed uses or development standards in the Zoning Code may be submitted at any time.
They will have an initial review by the City Council. The City Council may either: 1) reject the proposal;
2) defer consideration until a later date; or 3) refer the proposal for additional review.
Rezones
Comprehensive Plan and Zoning Code Amendment rezone 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 Zoning Code Amendments received prior to the December 31 deadline. The
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 for either type of change 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 \ZoneChng- 12- 06.doc December 4, 2006
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 Comprehensive Plan
Amendment do not duplicate materials).
X
3. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter
Property (1 copy attached).
X
4. One set of any plans reduced to either 8 1/2" by 11" or 11" by 17 ".
X
5. Application Fee —$590
X.
6. Comprehensive Plan Amendment with fee if requesting a map change, do not duplicate materials.
w ' f A
6 v
7. SEPA Environmental Checklist with fee once application is referred by the City Council to the
Planning Commission for review.
PROJECT DESCRIPTION AND ANALYSIS:
r1 /"A
8. Provide a strikeout /underline version of the proposed code change, if applicable.
A ! /
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9. Provide any other information such as drawings, economic analysis or other material that
may be helpful to the Planning Commission and City Council in evaluating your request.
-
10. Provide a written response to the criteria listed at 18.84.030 (included in packet).
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 project review to begin and vest the applicant's rights. However, the City may
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 \ZoneChng- 12 -06.doc
December 4, 2006
1JCl, — C I'LUC)
1J • e11 UDCrtht1V nHrVV
STATE OF WASHINGTON
• •
CITY OF TUKWILA
Department of Cormrwmity Development
6300 Soulhcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3t;70 FAX (206) 431 -3665
E mail: jukolAnfc?ct.tukwila.wa.us
AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
cc
CAUNTY OF KING
The undersigned being duly sworn and upon oath states as follows:
t. I am the current owner of the property which is the subject of this application.
2. All statements contained in the applications have been prepared by me or my agents and arc true and correct
to the best of my lotowledge.
3. The application is being submitted with my knowledge and consent
4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter
upon Owner's real property, located at tI S 21L 51 Sr PL., 5. 1VI(w 1(.A WA
for the purpose of application review, for the limited time necessary to complete that purpose.
S. Owner agrees to hold the City harmless for any l os3 or damage to persons or property occurring on the private
property during the City's entry upon the property, unless the loss or damage is the result of the sole
negligence of the City.
6. Non- responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the
application(s) without refund of fees.
EXECUTED at (city), (s , c
Print N a r t i e 1222 5 I ST PL. S', LIZ
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Address 103 NEWELL- ST < STS B SshiltE wa R� is 9
Phone Number (. 6 0 4 6 3 2 ~ 1 - '
Signature YV _ ∎ ktiABE R-
On this day personally appeared before me yft.rt„ t•Q�C � to me known to be the individual who
executed the foregoing instrument and acknowledged that brake signed the saute as Magi voluntary act and deed for die uses
and purposes manianed thneia
SUSSCRIAED AND SWORN TO n FORE htE ON THIS 24 DAY OF .,.VT CQ t tA-L'. A , 200
of WashingtE
t%% %%%1111 NOTARY PUB in and for the Snre
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DUANE HARTMAN & ASSOCIATES, INC.
— Surveyors —
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SOUTHWEST QUARTER OF SOUTHWEST QUARTER,
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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 \ZoneChng- 12 -06.doc December 4, 2006
•
•
City of Tukwila
Rezone Parcels
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