HomeMy WebLinkAboutCOW 2016-03-28 COMPLETE AGENDA PACKETTukwila City Council Agenda
❖ COMMITTEE OF THE WHOLE ❖
Allan Ekberg, Mayor Counci /members -:- Dennis Robertson -:- Verna Seal
David Cline, City Administrator Kathy Hougardy -:- De'Sean Quinn
Joe Duffle, Counci /President -:- Kate Kruller -:- Thomas McLeod
Monday, March 28, 2016; 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. CITIZEN
At this time, you are invited to comment on items not included on this agenda
COMMENT
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion. (Refer to back of agenda page for additional information.)
3. PUBLIC HEARING
A rezone and Comprehensive Plan map change request from Low Density
Pg.1
Residential (LDR) to Regional Commercial Mixed -Use (RCM) at
13536 52nd Avenue South. Quasi-judicial
4. SPECIAL ISSUES
a. A rezone and Comprehensive Plan map change request from Low
Pg.1
Density Residential (LDR) to Regional Commercial Mixed -Use (RCM)
at 13536 52nd Avenue South. Quasi-judicial
b. An ordinance updating the criminal code.
Pg.71
5. REPORTS
a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
6. MISCELLANEOUS
7. ADJOURNMENT
Tukwila City Hall is ADA accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This agenda is available at
www.tukwilawa, ov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio /video taped (available at .tu ila a.ov)
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes.
The Council appreciates hearing from citizens but may not be able to take immediate action on comments
received until they are referred to a Committee or discussed under New Business.
CITIZEN COMMENTS
At each Council meeting, citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZEN COMMENTS. Please limit your comments to 5 minutes.
SPECIAL MEETINGS /EXECUTIVE SESSIONS
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters as prescribed by law. Executive Sessions are not open to the public.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at that time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL MEETING SCHEDULE
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official
Council action in the form of formal motions, adopting of resolutions and passing of ordinances can
only be taken at Regular or Special Council meetings.
Committee of the Whole Meetings - Councilmembers are elected for a four -year term. The Council
President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed there are forwarded to Regular or Special Council meetings for official action.
COUNCIL AGENDA SYNOPSIS
---------------------------------- Inifials
Meelingo Date
Pre ared bv
Mayor' P/ I ew
Council review
03/28/16
RF
❑ Resolution
Mtg Date
F-1 Ordinance
Mtg Date
04/04/16
RF
Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ HR Z DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Poliee ❑ PWI
SPONSOR'S Tukwila has received an application to change the zoning and Comprehensive Plan maps
SUMMARY for one lot, now Low Density Residential (LDR), to Regional Commercial Mixed Use (RCM).
The purpose of the rezone is to allow the property owner to construct a two-story mixed-
use building with parking, public storage, retail, office, and 4 dwelling units.
QUASI-3UDICIAL
REVIEWED BY ❑ cow mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMI'1-173E
COST IMPACT / FUND SOURCE
ExPf1.'NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/28/16
ITEM NO.
3&
4.A.
ISTAFF SPONSOR: JACK PACE
10RIGINAj.,AGENDADATE: 3/28/16
AGENDA ITEM TITLE Request for rezone from Low Density Residential to Regional Commercial Mixed Use
at 13536 52nd Avenue South. This is a QUASI - JUDICIAL matter and any and all
discussion related to this issue should occur during the meeting.
CATEGORY Z Dismssion
Mtg Date 3128116
Z Motion
Mtg Date 414116
❑ Resolution
Mtg Date
F-1 Ordinance
Mtg Date
E] .Bid Award
Mtg Date
Z Publi6-.HeatingE]
Mtg Date 3128116
Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ HR Z DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Poliee ❑ PWI
SPONSOR'S Tukwila has received an application to change the zoning and Comprehensive Plan maps
SUMMARY for one lot, now Low Density Residential (LDR), to Regional Commercial Mixed Use (RCM).
The purpose of the rezone is to allow the property owner to construct a two-story mixed-
use building with parking, public storage, retail, office, and 4 dwelling units.
QUASI-3UDICIAL
REVIEWED BY ❑ cow mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMI'1-173E
COST IMPACT / FUND SOURCE
ExPf1.'NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/28/16
MTG. DATE
ATTACHMENTS
3/28/16
Informational Memorandum dated 03/22/16
Staff Report with attachments
4/4/16
2
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO:
Committee of the Whole
FROM:
Jack Pace, Department of Community Development Director
BY:
Rebecca Fox, Senior Planner
CC:
Mayor Ekberg
DATE:
March 22, 2016
SUBJECT:
Request for Rezone and Comprehensive Plan Map Change
QUASI- JUDICIAL
ISSUE
Conduct a public hearing for a rezone and Comprehensive Plan map change request from Low Density
Residential to Regional Commercial Mixed Use. This is a quasi-judicial matter and any and all
discussion related to this issue should occur during the Council meeting. Please do not
communicate on this topic outside of the meeting.
BACKGROUND
Tukwila has received an application for a rezone from Low Density Residential (LDR) to Regional
Commercial Mixed Use (RCM) on one vacant lot located at 13536 52nd Avenue South. If the rezone is
approved, the applicant wishes to construct a two -story over basement mixed use building with 40
parking spaces, The property is located on a block that contains only single - family houses. The rezone
extends the RCM zoning across 53rd Avenue South, and would allow the mixed use building to be
constructed immediately adjacent to single - family homes without separation.
DISCUSSION
See attached Staff Report along with Attachments A thru E for detailed description of the
proposal and findings of fact for the decision.
FINANCIAL IMPACT
N/A
RECOMMENDATION
Staff recommends retaining the existing Low Density Residential (LDR) zoning and Comprehensive Plan
designation, and rejecting the request to change zoning and Comprehensive Plan to Regional
Commercial Mixed Use (RCM). This item is scheduled for the April 4, 2016 Regular meeting for a
decision.
ATTACHMENTS
Staff Report along with Attachments A thru E.
3
El
City of Tukwila
Department of Community Development
STAFF REPORT
TO THE
CITY COUNCIL
HEARING DATE: March 28, 2016
Allan Ekberg, Mayor
Jack Pace, Director
NOTIFICATION: Mailed to properties within 500' radius, 1/13/16, 2/25/16, 3/7/16
(Re- mailed —New hearing date)
Site Posted, 1/12/16, 2/29/16, 3/4/16 (Reposted —New hearing
date)
Notice published in the Seattle Times, 2/19/16, 3/7/16
(Republished —New date)
FILE NUMBERS: E15 -0013 SEPA
L15 -0010 Rezone and Comprehensive Plan Amendment
APPLICANT: Austin Kovach
REQUEST: Change Comprehensive Plan and zoning designation from Low
Density Residential (LDR) to Regional Commercial Mixed Use
(RCM)
LOCATION: 13535 52nd Avenue S, Tukwila, WA (Tax Parcel #0003 - 000005)
COMPREHENSIVE PLAN: Low Density Residential (LDR)
ZONING: Low Density Residential (LDR)
SEPA DETERMINATION: Determination of Non - Significance issued March 8, 2016
STAFF: Minnie Dhaliwal, Planning Supervisor
Rebecca Fox, Senior Planner
ATTACHMENTS:
A.
Rezone Application
B.
Building Plans
C.
Citizen Comments
D.
Zoning Map
E.
RCM Zoning (TMC 18.26)
5
FINDINGS
BACKGROUND
Request:
The applicant requests an amendment to the Comprehensive Plan and Zoning map designations
from Low Density Residential (LDR) to Regional Commercial Mixed Use (RCM) on a vacant lot
approximately 13, 494 square feet in area, located at 13536 52nd Avenue South, Tukwila.
(Attachment A)
If the map changes are approved, the property owner proposes to construct a 9,100 square
foot, two -story over - basement mixed use building. It would include 40 parking stalls, public
storage, retail, office, and four market rate housing units. Frontage improvements including
curb, gutter, sidewalks and landscaping along 52nd Avenue South and 53rd Avenue South are
part of the proposal. (Attachment B)
Background:
In addition to the proposed rezone site, the property owner also owns the DRA Professional
Center that houses a dental office in the existing Regional Commercial Mixed Use (RCM) zone
across the street at 13530 53rd Avenue South. He reports that the building is not fully rented
due to a shortage of on -site parking. The owner had previously had a code violation for using
the Low Density Residential (LDR) property that is proposed for rezone as an overflow parking
lot to serve the dental office building. He subsequently wanted to rezone the LDR property to
RCM to be used as a parking lot, but stand -alone parking is not permitted in the RCM zone. The
owner now intends to use shared parking from the proposed mixed -use building to alleviate
parking issues at his DRA Professional Center.
Under the current LDR zoning the lot proposed for rezoning is large enough for possible division
into two legal residential lots with a single family home on each.
Annexation and Zoning History:
The property became part of Tukwila in 1989 as part of the Foster annexation. At the time of
annexation, the property was zoned Professional Office to reflect the prior King County zoning.
When the Comprehensive Plan and city -wide zoning were reviewed in 1994, the area was not
considered appropriate for continued office designation, primarily due to poor visibility from
Interurban Avenue, the narrow 10 to 15 foot residential access streets, and small residentially -
sized lots. Medium - Density Residential designation was considered, but Low Density
Residential was ultimately chosen.
6 Page 2 of 15 03/22/2016
Public Comment:
On February 1, 2016, staff held a public information meeting for residents and property owners
within 500 feet of the site. Oral and three written comments were received concerning the
neighborhood's ongoing infrastructure limitations, the scale of the proposed building and
allowing potentially incompatible RCM uses adjacent to single - family homes. (Attachment C)
The key issues raised were: speeding vehicles especially on 53rd Avenue South; narrow
unimproved streets; steep and sometimes slick sidewalks; the need for more sidewalks; limited
on- street parking, ticketing of residents for parking more than four hours and unreliable water
mains. Abandoned coal mine hazards were also mentioned. It was felt that these issues would
be worsened or at least not helped by the proposed rezone and mixed -use development.
The Public Works Department is now considering possible measures to address the concerns.
Information was provided to those who attended the meeting. Area residents were also
notified of an open house for the 53rd Avenue South Roadway Improvement project.
• Parking— Public Works is investigating the possibility of a Residential Parking Zone (RPZ) for the
neighborhood. An RPZ would provide residents with special parking permits and limit non -
neighbors' parking time.
• Speeding and excess traffic — Public Works will consider possible approaches to traffic and
speeding concerns. However, street improvements that are planned for 53rd Avenue South,
will not go farther north than S 137th Street, due to budget issues and limited right of way.
• Water Main: Tukwila will replace an undersized and aging water main between Interurban
Ave S and S 144th St with a new 12" water main to serve the rezone area. Construction is
planned for 2016.
• Street Improvements and sidewalks— Street improvements are considered as part of the
Residential Streets program. Public Works reviews streets that lack safe pedestrian facilities in
order to calculate a score and set a priority ranking. Features such as lane and shoulder width,
speeds, and volumes are included in the rating. A draft list will go to the City Council for
discussion in 2016. The priority rating for the streets in the rezone area between S. 137th and
Interurban Ave. S. is generally in the top 10% for discussion purposes.
• Roadway improvements for 53rd Ave S — Improvements for 53rd Avenue South from S. 137th to
S. 144th Street (including sidewalks, sharrow /shared vehicle and bicycle facilities, curb, gutter,
storm drains), are currently in the preliminary design phase. Residents received notice of a
project open house scheduled for March 23, 2016. Construction is anticipated to take place
the summer and fall of 2017. The rezone area is not included in the 53rd Avenue South project
due budget issues and limited right of way.
Page 3 of 15 03/22/2016 7
E-11
Vicinity /Site Information
The proposed rezone site is located approximately 325 feet from Interurban Avenue on a block
of single - family homes. The site is close to bus routes and freeway access. The surrounding
area is zoned LDR. RCM zoning is located immediately east and along Interurban Avenue. The
DRA Professional Center is located across 53rd Avenue South. A portion of the RCM zoned area
between the DRA Professional Center and Interurban Avenue is vacant, but formerly used as a
leased Metro Park and Ride.
The following graphic shows existing zoning with the proposed rezone property outlined in red.
Existing LDR zoning is yellow, and existing RCM is light purple. (See Attachment D for a larger
scale zoning map.)
Page 4 of 15
ME
03/22/2016 9
10
The proposed rezone site is a vacant, sloping lot with grass, some trees and shrubs and a
concrete retaining wall on the north and east sides of the lot. There are several non-
conforming residential uses in the vicinity, including a six -unit apartment building and a small
The site is in the vicinity of the reported Tukwila Coal Mine, according to the City of Tukwila's
Abandoned Underground Coal Mine Hazard Assessment Area Report. Per the City of Tukwila
Geologic Hazard maps, the property includes slopes between 15 and 40 %. The majority of the
property is shown as having landslide potential per the City of Tukwila's geologic hazard maps.
Page 5 of 15 03/22/2016 11
12
The eastern portion of the site is mapped showing Class 3 areas (high |ands|idepotentia|)vvbh
portions of the western side shown as type 2 (Moderate landslide potential).
The map below, taken from Northwest Maps, shows the proposed rezone site, outlined in blue,
with the yellow cross-hatched potential landslide area.
|n the following graphic, also from Norwest Maps, the approximate boundary of the coal mine
hazard area are shown in violet and is overlain with the landslide area.
Page 6 mr|5 osuzoom 13
I,
COMPREHENSIVE PLAN AMENDMENT
COMPREHENSIVE PLAN CRITERIA:
1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not
adequately addressed, is there a need for it?
During the 2015 Comprehensive Plan update process, there was considerable interest in the
need to maintain and enhance residential neighborhoods, while providing housing choices. The
update reaffirmed the highest priority objective of strong single - family residential
neighborhoods.
The Comprehensive Plan's highest priority objective is the following:
Objective. "To improve and sustain residential neighborhood quality and livability."
Numerous goals and policies clarify and support this objective. Some representative examples
from the Housing and Residential Neighborhoods elements follow:
Housing Goal 3.1 The City of Tukwila provides the City's fair share of regional housing.
Housing Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single -
and multi family households to meet the regional growth target of 4,800 new housing units by
2031.
Housing Policy 3.6.1 Encourage long -term residency by improving neighborhood quality, health
and safety.
Residential Neighborhoods Goal 7.1 Residential Land Use Pattern: A land use pattern that
encourages a strong sense of community by grouping compatible and mutually supportive uses
and separating incompatible uses
Residential Neighborhoods Goal 7.4 Neighborhood Sustainability: Continuing enhancement
and revitalization of residential neighborhoods to encourage long -term residency and
environmental sustainability.
Residential Neighborhoods Implementation strategies support retaining LDR zoning and
encourage infrastructure improvements as follows:
• Continued emphasis on existing land use patterns to protect and preserve residential
uses
• Investment in public works and infrastructure improvements.
• Continue to develop and implement the Residential Street Program in the CIP.
Page 7 of 15 03/22/2016 15
• Development of a variety of new housing, including single - family homes.
Rezoning a low density residential lot in order to construct a mixed -use commercial structure
would be inconsistent with the Comprehensive Plan's highest priority, and would neither
improve nor sustain the existing low- density residential neighborhood's quality and livability.
The rezone could result in additional housing choice by allowing multi - family units as part of the
mixed use building. However, in order to do so, the existing neighborhood of single - family
homes and LDR zoned property would be negatively impacted by more intensive development
without a buffer.
53rd Avenue South currently provides a clear boundary for the existing RCM zone that is located
along Interurban Avenue. Extending the RCM zoning across 53rd Avenue South would disrupt
the existing land use and zoning pattern to bring parking, public storage, retail, and office
activity uses into a residential block that is composed of older, single - family homes. If the
rezone were approved, there would be no buffer to separate residential single - family and
incompatible commercial /mixed use.
2) Impacts
The applicant has prepared preliminary plans for a two -story over basement mixed use
building. If the rezone were granted, the property owner would not be tied to developing the
specific structure and combination of uses that he has proposed. The project layout and the
uses could differ from the current proposal. Other more intensive uses that are permitted in
the RCM zone, such as automotive services, a tavern, bus station, commercial laundry, hotel or
restaurant, could be built instead, provided they met development standards in the zoning
code. Even as proposed, the project is significantly more intensive than the surrounding
residential uses in the LDR zone, but there would be no buffer such as medium density
residential or an intervening street between the single - family homes and the
commercial /mixed -use building. The RCM zone requires design review for new commercial and
residential structures.
If approved, the requested map change would shift 13, 500 square feet from Tukwila's Low
Density Residential zone to the Regional Commercial Mixed Use designation /zone. Extending
the RCM zone across 53rd Avenue South would bring RCM zoning farther from Interurban
Avenue, across a narrow neighborhood street and onto a block that is composed exclusively of
single - family houses. This action would allow a mixed use building or other more intensive uses
to be constructed on a block that is now composed exclusively of single - family residential
homes
Commercial building construction would affect neighboring homes with dirt, noise, and
disruption of traffic flow on residential streets. Once construction is complete, home owners
could have residential property values affected by having a commercial building adjacent. The
building would be larger than a single - family house and would generate added traffic flow on
16 Page 8 of 15 03/22/2016
the narrow streets surrounding this property, especially in view of the applicant's stated intent
to provide more parking than otherwise required in order to meet parking demands of the DRA
Professional Center.
Both at the public meeting on February 1, 2016, and in writing, residential neighbors expressed
reservations over or opposition to the rezone's impacts, and the impacts of having a
commercial structure and parking adjacent to single family homes in addition to ongoing
infrastructure deficiencies mentioned above.
These deficiencies are already impacting the quality of life in the single - family zone. There was
concern that the rezone and subsequent mixed use development would worsen existing
conditions. DCD staff has discussed these issues with Public Works staff, and a letter with
preliminary information was sent to residents who attended the meeting.
Rezoning to RCM will result in additional traffic, and noise in an area that already has narrow
streets, speeding issues, few sidewalks and limited parking. The 53rd Avenue South Street
Improvement project that will provide roadway and pedestrian improvements along 53rd
Avenue South will not address neighborhood concerns since it is planned to end at S. 1371h
Street, rather than extending to the immediate rezone vicinity. Traffic impacts are addressed by
impact and concurrency fees, but additional traffic from the proposed building can nevertheless
be detrimental to neighborhood quality of life.
3) is the proposed change the best means for meeting the identified public need?
What other options are therefor meeting the identified public need?
As discussed above, the 2015 Comprehensive Plan update reaffirmed the community's highest
priority for strong residential neighborhoods. Retaining the LDR zoning enhances residential
neighborhood cohesiveness. Rezoning one single - family lot to RCM does not strengthen the
existing single - family residential neighborhood.
The rezone could result in additional housing choice if multi - family units were part of the mixed
use building. However, in order to do so, an existing neighborhood, single - family homes and
LDR zoned property would be impacted by more intensive development.
During the 2015 Comprehensive Plan update, the Tukwila City Council and community
members requested additional consideration of residential lot size and density as a possible
means to address the public need for additional single - family housing choices. This review will
reflect the priority to retain and enhance strong residential neighborhoods. Results from the
public process that could inform the rezone decision will not be available until after the rezone
review occurs.
Addressing infrastructure problems, such as the lack of curbs, gutters and sidewalks throughout
the area, could result in greater investment in single - family housing, and a better quality of life
for the existing single - family neighborhood.
Page 9 of 15 03/22/2016 17
Comprehensive Plan Housing Element -- Strategy page 3 -7 states: "Promote mixed -use
developments with ground level commercial space and residences, at and above the street
level in specified areas."
The strategy supports mixed use development in specified areas. It does not call for new or
additional mixed use zoned -land, including creating additional mixed use zoning and activity in
existing low density residential zones. Mixed use development could be achieved elsewhere in
the City in areas that are already zoned commercial or mixed use. For example, a vacant RCM -
zoned property that is already paved and striped for parking on Interurban Avenue is located
immediately adjacent to the property owner's DRA Professional Center.
Other possible options for meeting the public need for strong and livable neighborhoods
include:
• Encourage development of neighborhood -level retail and mixed -use in existing RCM
zones and commercial areas, rather than rezoning Low Density Residential to establish
new Regional Commercial Mixed Use zones;
• Consider Residential Parking Zones to address on- street parking issues and shortages in
the neighborhood;
• Enhance residential neighborhood quality through infrastructure improvements
including sidewalks, frontage improvements, water mains, etc.;
• Consider a community- initiated, multi - property rezone to Medium Density Residential
to provide additional housing choice and development options.
• Consider housing options through a city -wide process;
4) Will the proposed change result in a net benefit to the community? If not, what
result can be expected and why?
Maintaining residential neighborhoods is the Comprehensive Plan's highest priority; the rezone
which places mixed use into the midst of the single - family block would not provide a net benefit
to this residential community.
The proposal contrasts single - family residential neighborhood preservation and neighborhood
quality concerns with expansion of mixed use that could provide additional housing and
commercial uses. A key objective of the Comprehensive Plan is improving and sustaining
livability in residential neighborhoods.
The map change to RCM would remove land from the neighborhood that could otherwise be
developed as single - family homes. The applicant is seeking a rezone from Low Density
Residential (LDR) to Regional Commercial Mixed Use (RCM) for development of a two story
over - basement building with four upper level living units (700 square feet average size), main
18 Page 10 of 15 03/22/2016
level office space (3,200 square feet), basement level retail (1, 700 square feet, public storage
space (1,400 square feet with 24 rental units) and 40 parking stalls.
The proposal could provide additional housing and commercial uses. The preliminary plan
includes an outdoor plaza, which could serve the neighborhood. Extra parking above code
requirements is intended to serve as shared parking to assist the owner in addressing the
parking shortages in his adjacent building. However, given the very intensive retail, public
storage, office and residential building that is proposed, it isn't clear that all parking needs
could be met on site without spilling over into the neighborhood, much less shared with the
adjacent building.
Constructing a mixed use building on a single - family block would result in additional traffic and
noise. It would introduce an intensive mixed use building with retail, public storage, office and
parking uses that are not compatible with the immediately adjacent single - family homes.
If the property were rezoned as RCM and did not redevelop as currently proposed by the
applicant, a range of other uses, including light industrial uses, tavern or office use could be
established. Such uses could be incompatible with the residential neighborhood.
CONCLUSIONS
In reviewing Comprehensive Plan criteria, staff concludes that:
Comprehensive Plan:
• The proposed change is not consistent with the Comprehensive Plan's highest
priority for strong residential neighborhoods.
• Review of residential neighborhood issues will occur in the future. It is not desirable
to undertake a rezone prior to additional residential neighborhood consideration.
• There is currently vacant RCM zoned property on Interurban Avenue, adjacent to the
owner's property.
• The high priority for strong residential neighborhoods is emphasized and thoroughly
addressed in the Comprehensive Plan.
2. Impacts:
• Residents have expressed opposition to the proposed rezone due to the likely
impacts of increased traffic and the bulk of the proposed building that is
incompatible with adjacent single - family homes.
• Although traffic impacts are addressed by impact and concurrency fees, additional
traffic can nevertheless be detrimental to quality of life in single - family
neighborhoods.
• Project- specific impacts can be addressed at the time of redevelopment, but lack of
buffer area between LDR and the proposed RCM reduces opportunity for mitigation.
3. Public Need:
Page 11 of 15 03/22/2016 19
There is no compelling need for additional land that is zoned RCM at this point.
Consideration of additional single - family housing options will take place at a later
time.
4. Community Benefit:
• Redesignating and rezoning the Low Density Residential site to Regional Commercial
Mixed Use provides no direct community benefit that cannot be met elsewhere in
existing zones.
RECOMMENDATION
Staff recommends denying the applicant's request for a Comprehensive Plan map change from
Low Density Residential (LDR) to Regional Commercial Mixed Use (RCM).
File # L06 -096 -- ZONING MAP AMENDMENT /REZONE
REZONE CRITERIA:
1. The proposed amendment to the zoning map is consistent with the goals, objectives
and policies of the Comprehensive Plan
Per discussion of Comprehensive Plan criteria (above), the proposed rezone is not consistent
with goals, policies and objectives that place the highest priority on preserving and enhancing
residential neighborhoods' quality and livability.
2. 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.
Per TMC 18.26.010 Purpose, the Regional Commercial Mixed Use (RCM) district is "...intended
to provide for areas characterized by commercial services, offices, lodging, entertainment, and
retail activities with associated warehousing, and accessory light industrial uses along a
transportation corridor and intended for high- intensity regional uses to provide areas
characterized by distributive and light manufacturing uses, with supportive commercial and
office uses... intended to promote attractive development, an open and pleasant street
appearance, and compatibility with adjacent residential areas." (Attachment E)
The proposed RCM zoning, including the proposed building with 40 parking spaces, public
storage, office and retail space, and four residential units, would allow development that is
significantly more intensive than the single - family homes that are currently in place on the
block and in the general area. Rezoning to RCM would allow uses that are permitted in the RCM
zone are not appropriate directly adjacent to single - family residential homes and zoning.
Per TMC 18.10.010 Purpose, the Low Density Residential (LDR) district is "...
20 Page 12 of 15 03/22/2016
Intended to provide low - density family residential areas together with a full range of urban
infrastructure services in order to maintain stable residential neighborhoods, and to prevent
intrusions by incompatible land uses."
Retaining the existing Low Density zoning is consistent with maintaining single - family uses, and
preventing intrusion from more intensive commercial development within the block.
3. There are changed conditions since the previous zoning became effective to warrant
the proposed amendment to the Zoning Map
There have been no zoning changes in this area since 1995 when the current zoning was
instituted. Only one new building —the DRA Professional Center -- has been constructed in the
RCM zone, in 2011. That building, constructed across 53rd Avenue South from the proposed
rezone site, was consistent with the long- standing RCM zoning. It should not be considered a
changed condition sufficient to warrant the proposed amendment to the zoning map.
When the property owner constructed the DRA Professional Center with a dental office in the
Regional Commercial Mixed Use (RCM), required frontage improvements, including curb, gutter
and sidewalk were installed at that time. In part to relieve tight parking at this office building,
the property owner wishes to extend the RCM zoning into the LDR zone to construct a mixed -
use building with extra parking to serve both the new building and the original building. The
desire to provide additional parking is not sufficient justification for a rezone.
The 2015 Comprehensive Plan update reaffirmed Tukwila's highest priority objective, "To
improve and sustain residential neighborhood quality and livability." This priority is unchanged
since the previous zoning became effective in 1995.
There has been no change to the existing LDR zone since the previous zoning became effective.
Infrastructure concerns over narrow streets, and poor visibility and lack of sidewalks remain
from 1995 when the property was zoned LDR, rather than office or higher density residential.
Neighbors report that traffic safety issues have increased, and that additional traffic has been
directed onto 53rd Avenue South. Otherwise, conditions have neither changed nor have been
improved. Nothing has changed in the surrounding area to justify a rezone to Regional
Commercial Mixed Use that includes office, commercial and other activities.
4. 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 neighborhoods, nor be injurious to other properties
in the vicinity in which the subject property is located.
Page 13 of 15 03/22/2016 21
The rezone request would result in "spot" zoning, by applying RCM zoning to one parcel within
the larger area that is zoned LDR when the rezoning is at odds with Tukwila's Comprehensive
Plan and current zoning restrictions.
A spot upzone to a more intensive mixed use zone (RCM) from the less intensive residential
zone (Low Density Residential —LDR) would not improve public health, safety, comfort,
convenience and general welfare. Allowing the possible range of RCM uses could adversely
affect the surrounding and immediately adjacent residential neighborhood and individual
properties through increased traffic, noise, more commercial activity and a larger -scale
building. It could also serve as a precedent for further loss of residential property through
future requests for commercial rezones of adjacent LDR property
Potential benefits to the Tukwila community such as additional housing choices, retail and
office space could be provided in other areas in the city that are already zoned RCM, multi-
family residential or commercial. RCM property that is located directly adjacent to the DRA
Professional Center was formerly used for Park n' Ride parking, is paved and currently vacant.
CONCLUSIONS
1) Consistency with Comprehensive Plan:
• The rezone is not consistent with the Comprehensive Plan goals and policies that
place highest priority on supporting strong single- family neighborhoods.
2) Consistency with Zone:
• The RCM zoning allows a range of uses that are not compatible with adjacent single -
family residences, and the low- density residential neighborhood.
3) Changed conditions:
• DRA Professional Center was constructed in 2011 in the existing RCM zone.
• 2015 Comprehensive Plan update reaffirmed the importance of strong, single - family
neighborhoods.
• There have been no zoning changes in the vicinity since the LDR and RCM zoning was
instituted in 1995.
• There are no compelling changed conditions to warrant the rezone at this point.
4) Benefit to community:
• The proposed rezone would negatively affect the existing residential neighborhood
through additional traffic, noise, commercial activity and building bulk.
• The rezone could set a precedent for additional commercial rezones adjacent to
LDR.
Multi- family housing, retail and office could be developed elsewhere in Tukwila on
property that is already zoned commercial or multi - family without the rezone.
RCM property, located adjacent to the DRA Professional Center, is currently vacant.
22 Page 14 of 15 03/22/2016
RECOMMENDATION
Staff recommends retaining the existing Low Density Residential (LDR) zoning, and rejecting the
request to change zoning and Comprehensive Plan to Regional Commercial Mixed Use (RCM.)
Page 15 of 15 03/22/2016 23
24
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670
APPLICATION
rry
I DLC 2 121 2015
ZONING CODE
AMENDMENTS
FOR STAFF USE ONLY Permits Plus Tv er P-0 6E
Planner:, GCSj ,�
File Number:
Application Complete Date:
Project File Number:
Application Incomplete Date: I
Other File Numbers: Dia iO t, i it
NAME OF PROJECT/DEVELOPMENT: Angolkar Property Rezone
BRIEF DESCRIPTION OF PROJECT: Rezone of newly purchased Angolkar lot adjacent to existing Angolkar cc
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block
and subdivision, access street, and nearest intersection.
137XX 53rd Avenue South, Tukwila WA 98168 - North West corner of 152nd Ave. S. and 153rd Ave. S,
LIST ALL TAX LOT NUMBERS (thisinformetian may befound an your tax statement).
0003000005
DEVELOPMENT COORDINATOR:
The individual who:
• 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: Austin Kovach
Address: 2115 Colby Avenue, Everett WA 98201
Phone:
206 - 617 -2899
FAX: N/A
E -mail: austin@kovacharchitects.com
Signature: Date: 12/16/15
\ \deptstore \City Common\Teri\Revisions In Progress\Zoning Code Amend- Jan2011.docx Attachment A
25
A. COMPREHENSIVE PLAN DESIGNATION:
Existing: LDR
Proposed: RCM
B. ZONING DESIGNATION:
Existing: LDR
Proposed: RCM
C. LAND USE(S):
Existing: Vacant
Proposed. New Mixed Use Building
(for proposed changes in land use designations or rezones)
\ \deptstore \City Common \Teri \Revisions In Progress\Zoning Code Amend- Jan2011.docx
26
STATE OF WASHINGTON
COUNTY OF KING
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670
AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
IM
The undersigned being duly sworn and upon oath states as follows:
1. 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 are true and correct to the best of my
knowledge.
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 1350 53RD Avenue South, Tukwila WA 98168 for the purpose of
application review, for the limited time necessary to complete that purpose.
5. Owner agrees to hold the City harmless for any loss 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 % �, C,%_, n Cei (city), v'-V (state), on r-) G0
Bul Nti A - V -
(Print Name) E 13 E t �t V U_F 0-h- 9064
>�) (Address)
kw'
r C (Phone Number)
�
CON1 VJi I- I
( jFVF1 U
(Signature)
On this day personally appeared before me N d v e ca,. c; I V A !�t 0 14a v°- tome known to be the individual who
executed the foregoing instrument and acknowledged that h igned the same as his /hef voluntary act and deed for the uses
and purposes mentioned therein.
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 0
R. DAYTON HUGHES
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
JANUARY 29.2018
DAY OF W o , - , - - [ , , , 20)__
NOTARY PVBtIQ jin anti f r the—Slate of Washington
residing at j �ra
My Commission expires on b
\\deptstore \City Common \Teriaevisions In Progress\Zoning Code Amend -3=201 I.docx
27
(1) The proposed project and amendment to the zoning map is consistPER rWRAF -0
goals, objectives, and policies of the Comprehensive Plan by the following examples:
GOAL. 1.1
A community of inviting neighborhoods and vibrant business districts.
POLICIES
1,1,1 Encourage the creation of locations and facilities where residents of all ages and
cultures can gather for activities and events, such as public markets, parades and
festivals, including those that are representative of the City's diverse population.
Implementation Strategies:
Foster public life throughout the City by providing neighborhood focal points and
open spaces that are well - integrated into the neighborhoods they serve.
o Create and enhance public spaces for community use.
Proposal consistency with the City's Comprehensive Plan:
The Project site is situated across the street from apartment buildings, strategic park -
and -ride facility, professional office building and adjacent to single family residential
neighborhoods. The busy intersection of diverse uses and occupancies benefits from
the convenient location of the street front retail component of the project, office
employee, and building resident interaction. Open sidewalk seating and entry
courtyards will be available to pedestrians as a casual stopping point to enjoy coffee or
pastries while conversing with neighbors, connecting to WiFi, or just sitting and people
watching. Not so much on a festival level but interacting nonetheless.
Element 2 ECONOMIC DEVELOPMENT - Encourages growth into certain areas
through the use of zoning and developmental regulations. Changing the present zoning
of the subject property to match the adjacent RCM zoning will bring additional
economic opportunity to a long standing vacant lot with the introduction of
neighborhood pocket retail and additional neighborhood accessible professional
services that will bring new employment opportunities to the neighborhood. The
connection to and use of city utilities will add city revenue and the provision of
available parking will enhance the functionality and viability of adjacent partially
occupied DRA Office Building who's occupancy of professional services are available
to the surrounding community.
GOAL 3.1
The City of Tukwila provides the City's fair share of regional housing.
POLICIES
3.1.1 Provide sufficient zoned housing potential to accommodate future single- and
multi - family households to meet the regional growth target of 4,800 new housing units
by 2031.
Page 1 of 11
3.1.2 Work with residents and property owners to consider housing options that meet
current and future needs.
The proposal is consistent with planning goals by providing a transitionary project of
higher residential density and housing option type in an area compatible and
complimentary to adjacent multifamily residences and commercial office development.
GOAL 3.2
The City of Tukwila has safe, healthy and affordable homes for all residents in Tukwila.
POLICIES
3.2. 1 Provide zoning that allows a variety of housing throughout the City to allow for
diverse, equitable neighborhoods.
The proposal is consistent with planning goals by providing housing type options in an
area compatible and complimentary to adjacent multifamily and single family
residences.
V)
in
J
g;
The proposal is consistent with Policies 3.3.2 and 2.2.3 by providing smaller housing
units in an area predominated by larger single family residences. Proximity to a major
transit facility, live work options, and integrated convenience retail add to the
affordability and diversity of the housing proposal.
Implementation Strategies:
* Promote mixed-Use developments with ground-level commercial space and
residences, at and above the street level in specified areas.
* Explore and develop incentive zoning, a housing trust fund, density bonuses, parking
exemptions, deferred or reduced payment of impact fees, multi-family tax
exemptions, and/or other tools to develop or maintain affordable housing that meets
the needs of the community, specifically units sized and priced for low- and very-low-
income residents.
GOAL 4.12
Trees are recognized by Tukwila citizens, businesses, City staff an ' d decision-makers
for their benefits to the environment, urban infrastructure and their aesthetic value.
Urban Forestry
POLICIES
Page 2 of 11
29
4.12.1 Develop a formal urban forest management plan to promote and guide
preservation, restoration and maintenance of a Sustainable urban forest, using the
goals and policies of this chapter as a basis for guidance.
The proposal is consistent with Policies 4.12.1 by providing street trees on two street
frontages along common property boundary lines and within the open space servicing
the residential component of the project.
MIN=
Safe, Convenient and Connected System - Parks, recreation opportunities and open
spaces that are close to home and' /or work and that are interconnected by safe streets,
off -street trails and public transportation.
POLICIES
6.1.6 Integrate linkages to recreation areas and open spaces when planning and
designing the transportation system,
6. 1. 11 Connect concentrations of commercial and retail activity with the trail network.
Implementation Strategies
* Consider the street sidewalk system as a link in the connecting network, when
necessary.
* Invest in bicyclist and pedestrian safety improvements identified in the Parks,
Recreation and Open Space Plan and the City's Walk and Roll Plan.
* Consider the street sidewalk system as a link in the connecting network, when
necessary.
* Invest in bicyclist and pedestrian safety improvements identified in the Parks,
Recreation and Open Space Plan and the City's Walk and Roll Plan,
The proposal is consistent with Policies 6.1.6 and 6.1.11 by providing strategic ROW
curb, sidewalk, and gutter improvements on a trail linkage route that connects to
nearby Joseph Foster Park
GOAL 6.3
A Sense of Community - Tukwila's parks and recreation opportunities build community
cohesion by providing places and programs for social interaction and gatherings of all
sizes, with designs that strengthen community identity.
POLICIES
6.3. 1 Design parks and recreation facilities that encourage social interaction and the
gathering of large and small groups.
Implementation Strategies
Examine alternative spaces for each neighborhood in identified park access gap
areas that could be used to create a neighborhood gathering spot.
Page 3 of 11
30
The proposal is consistent with Policy 6.3.1 and Implementation Strategy by providing
a casual street frontage sitting/gathering area and extension of indoor seating area for
the ground floor retail component of the proposed mixed use building.
NEIGHBORHOOD ACCESS
Ideally, the built, natural and social environments if) neighborhoods combine to provide
opportunities for residents to interact, experience nature, enjoy leisure and physical
activities, and to easily access food and other retail opportunities. However, many of
Tukwila's neighborhoods lack sidewalks, paths and other amenities Such as retail and
set-vices within walking distance. This limits residents'ability to enjoy their community
and to get around without a motor vehicle.
1-ukwila's current regulations only require the construction of sidewalks for short plats/
single-family development projects of five or more contiguous lots. Sometimes, this has
the inadvertent effect of discouraging maximum lot creation due to the increased cost
of infrastructure (i.e., developers may create four lots when they have enough land for
five).
NEIGHBORHOOD- SUPPORTIVE COMMERCIAL- AREAS
Commercially-zoned areas within and adjacent to residential neighborhoods provide the
opportunity for residential support services to locate within walking and bicycling
distance to
where people live. There are limited neighborhood-supportive commercial areas in
Tukwila. Larger commercial areas, including Southcenter and businesses along Tukwila
International Boulevard, are located beyond walking or convenient bicycle distance for
many residents. A variety of development regulations and incentives can help to
promote neighborhood-supportive commercial development that is in character with
residential development, and can provide transitions from residential neighborhoods to
larger commercial and mixed-use areas.
POLICIES
7.3.2 Improve the public infrastructure in all neighborhoods to an equivalent level of
quality, with an emphasis on sidewalks.
In7plementation Strategies
* Require sidewalks adjacent to all new development or participation in a no-protest
LID with all new residential development in specified areas, in support of
implementation of the Walk and Roll Plan
* When possible, create flexible development standards to provide creative solutions
to infill challenges for short plats or smaller developments, when development meets
or exceeds the goals established by the Code and neighborhood groups and the
neighborhood outreach process but may not exactly conform to the written
standards,
Page 4 of 11
31
The project is consistent with Policy 7.3.2 by providing new sidewalk, curb, and gutter
along two street frontage ROW's currently either unimproved or marginally improved.
GOAL. 7.4
Neighborhood Sustainabi/ity: Continuing enhancement and revitalization of residential
neighborhoods to encourage long-term residency and environmental sustainability.
POLICIES
7.4.2 Decrease greenhouse gas emissions through land use strategies that promote a
mix of housing, employment and services at densities sufficient to promote walking,
bicycling, transit and other alternatives to auto travel,
Implementation Strategies
* Development of a variety of new housing, including single-family homes,
* Require sidewalk and landscape planter for both sides of residential streets and on
two-lane street improvements, where appropriate.
c,, Require sidewalk and landscape planters in front of all multi-family developments,
where appropriate,
The proposal is consistent with Policy 7.4.2 by directly providing a mix of housing,
employment and services at densities sufficient to promote walking, bicycling, transit
and other alternatives to auto travel.
GOAL 7.5
Neighborhood Development: Tukwila's residential neighborhoods have a high-quality,
pedestrian character with a variety of housing options for residents in all stages of life,
GENERAL POLICIES
7.5. 1 Encourage resident identification with the neighborhood through physical
improvements and programs including neighborhood gathering spots, landmark
designation and improvement, and streetscape improvements,
7.5.2 Ensure that residential development, when applicable, reflects high design quality
in harmony with identified, valued features of the natural environment and historic
development.
7.5.3 Support single-family residential in-fill housing that is in harmony with the existing
neighborhood as a means of achieving adequate, affordable and /or diverse housing.
7.5.4 Encourage single-family residence design to foster a sense of safety and security,
7.5.5 Develop neighborhood-specific single-family regulations that encourage
compatibility with the existing scale of residential structures in the neighborhood;
provide an appropriate relationship of lot area, building scale and building siting,- and
maintain a sense of community (e.g., mature trees, pedestrian scale, sensitive transition
between public and private spaces).
Implementation Strategies
32
Page 5 of 11
Encourage off- street parking and garage and carport standards that reduce auto
dominance, such as requirements for less visually prominent garages and /or front
yard setbacks for garages.
The proposal is consistent with Policy 7.5.1 -7.5.5 and Implement Strategies by
providing location sensitive design features that include high quality materials,
appropriate modulation to the residential neighborhood, pedestrian scale use of
materials and architectural detailing, employing measures to minimize building height,
canopy to shade and conceal open parking stalls, below grade parking, parking
exceeding twice code requirement, below grade tenant storage to increase efficiency
of residential units, abundant landscape screening, canopy, visual interest, and color
and limiting exposure to adjacent residential properties to two stories with well defined
transitions between public and private space. Extra parking helps relieve current
neighborhood over - demand for parking and helps encourage less residential on- street
parking uses.
MULTI - FAMILY RESIDENTIAL DEVELOPMENT POLICIES
7.5. 10 Ensure that all multi- family residential developments contribute to a strong sense
of community through:
* site planning focused on neighborhood design integration;
* building design architecturally linked with the surrounding neighborhood and style;
* streetscapes that encourage pedestrian use and safe transition to private spaces, with
trees reducing the effects of large paved areas;
* recreational spaces and facilities on site;
creative project design that provides a diversity of housing types within adopted
design criteria, standards and guidelines; and
* operational and management policies that ensure safe, stable living environments.
The project is consistent with Policy 7.5.10 by providing unique but neighborhood
sensitive architectural design and style, pedestrian friendly courts, sidewalks, seating
areas, abundant canopy trees surrounding parking and sidewalks, residential open
space areas in addition to viewing decks, and residential units that offer a compact and
convenient alternative to nearby single family residences.
sI
Neighborhood - Supportive Commercial Areas: Neighborhood- supportive commercial
areas, including Residential Commercial Centers, that bring small commercial
concentrations into and adjacent to existing residential neighborhoods to improve
existing residential areas while providing products and services to nearby residents.
POLICIES
7.6.1 Link commercial areas located within approximately one - quarter -mile of
residential areas with high - quality pedestrian and bicycle access facilities.
Page 6 of 11
33
7.6.2 In neighborhood commercial developments, harmoniously reflect the scale and
architectural details of surrounding residential structures, and encourage non - motorized
access.
7.6.3 Employ appropriate design elements to blend in
with the character of the residential neighborhood.
7.6.4 Encourage new construction rather than
converting existing residential structures to commercial uses.
7.6.5 Encourage neighborhood commercial structures to
incorporate residential units at medium densities.
7.6 6 Create a logical and harmonious division between commercial or industrial uses
and residential uses by using changes in topography and through appropriate
development standards, including street design.
7.6.7 Ensure appropriate structural transitions between commercial and residential
zones.
Implementation Strategies
On- street parking along the street front, behind or beside buildings.
Continue to apply multi- family and commercial design guidelines, with an emphasis
on buffering residential uses from commercial and industrial uses.
The project is consistent with Policy 7.6.1 -7.6.7 by providing a high quality mixed use
project with approachable street frontage and pedestrian oriented retail space, with
sensitive design transitions to office and residential occupancies through architectural
detail and material choices, both being sympathetic to the scale and complexity of
surrounding residential homes, apartment buildings, and commercial development.
Ample landscaping is proposed to help soften and buffer the transition to adjacent
single family residence.
The natural slope of the property maintains two story exposure to adjacent single
family residential lots with daylight basement exposure to commercial property,
apartments, and street frontages.
GOAL 13.1 GENERAL. TRANSPORTATION POLICIES
13.1.2 Focus on transportation efficiency by maximizing the movement of people with
streets that are designed to be safe for all transportation modes, accommodating
existing land uses while designing for the future.
Development of the subject property with the provision more than double code
required parking and implementing shared parking strategies will help reduce local
neighborhood on- street parking promoting pedestrian and transportation safety
consistent with the goals of this policy. Alternative transportation options such as
walking, bicycling, transit, and live /work opportunities are available to project users by
way of convenient proximity to city bicycle and walking trails, park- and -ride, and transit
lines. On -site and nearby employment opportunities will help reduce traffic load to local
Page 7 of 11
34
streets lessening the need for congesting on- street parking and promoting
transportation efficiency and safety.
13.1.11 Encourages supporting electric vehicle charging stations and other alternative
fuel sources, as available.
Use of the subject property that includes parking can include an electric vehicle
charging station consistent with this policy.
Implementation Strategies
Implement Safe Routes to School.
The proposal is consistent with strategy goals by
1. Helping to reduce on- street parking by providing additional off- street parking.
2. Providing safe pedestrian travel with new sidewalks and street improvements as
part of the development improvements of the now vacant parcel.
13.2 STREET NETVIORK POLICIES
13.2, 10 Evaluate street improvement projects for the inclusion of features that support
the Complete Streets policy and the Walk and Roll Plan in order to encourage walking,
bicycling and transit use.
The proposal is consistent with strategy goals by providing street improvements at a
strategic intersection that will include new sidewalks, curbs, planting strips, and proper
street drainage that will provide needed linkages for City Bicycle Friendly Routes, and
the Walk and Roll Non - motorized Transportation Plan Routes. Project office
employees, retail workers, residential occupants as well as surrounding neighborhood
and transit center users will benefit from improved and safer access to these City
provided programs and use will be encouraged.
13.2, 1,1 Design intersections and sidewalks to promote pedestrian safety and foster
walking as a viable mode of transportation.
132 12 Include roadside plantings whenever feasible for street and road improvement
projects on slopes to help mitigate the land used for roadway and sidewalk
improvements.
Development of the subject property will include street ROW sidewalks and plantings
consistent with policy 13.2.10, 13.2.11, and 13.2.12. The currently unimproved
southwest corner of 52nd Ave. S and 53rd Ave. S intersection will have improved
accessibility and safety providing better linkage to City walking and bicycling trail
systems.
Page 8 of 11
35
13.4.8 Encourage and support public transportation services. The project is consistent
with this policy by helping to extend safe access routes to nearby park and ride and
public transportation.
GOAL 13.6 NON-MOTOR17ED TRANSPORTATION POLICIES
13.6.7 Consider and provide for all users of the roadway, including pedestrians and
bicyclists, as appropriate, when new streets and street improvements are made.
13.6.3 Include pedestrian and bicycle improvements in street improvement projects, as
appropriate. The prioritized list of missing sidewalk linkages and the Bicycle Friendly
Routes map adopted with the Walk and Roll Non-motorized Transportation Plan is the
priority network to connect schools, employment centers, parks, shopping and other
local and regional destinations.
13.6.6 Construct neighborhood links by providing additional sidewalks and trails as
opportunities and development occur,
Rezoning and development of the subject property to include street frontage
improvements will provide additional linkage consistent with goals of policies 13.6.1,
13.6.3 and 13.6.6. Planned pedestrian and bicycle friendly routes pass alongside the
subject property. The proposed mixed use building includes a street front pedestrian
friendly retail area with open space for outdoor gathering and seating for pedestrians,
local residents, and park-and-ride users.
(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;
RCM Zone
18,26.020 Permitted Uses (Ord. 1830 §16, 1998; Ord. 1758 §1 (part), 1995)-The
following uses are permitted outright within the Regional Commercial Mixed Use
District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code:
17. Dwelling - multi-family units above office and retail uses.
29. Medical and dental laboratories.
32. Offices, including:
a. outpatient medical clinic
b. dental
c. government - excluding fire and police stations d. professional
e, administrative
f. business, such as travel, real estate
g. commercial
42. Retail sales of health and beauty aids, prescription
drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer
electronics, photo equipment and film processing, books, magazines-. stationery,
Page 9 of 11
36
clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting
goods, and similar items.
44. Self-storage facilities.
18.26.030 Accessory Uses
6. Parking areas,
The proposed project is consistent with the City's development regulations set forth in
the City Municipal Code and specifically Title 18 - Zoning Code RCM classification in
consideration of:
a. The type of land use of the proposed project and rezone;
The proposed uses of Retail, Self Storage, Office, and Residential occupancies are
permitted outright per code under the sites proposed rezoning change to RCM.
b. The level of development, such as units per acres or other measures of
density or use;
There will be no net change of development density or increase in personnel or public
service requirements by the construction of the proposed rezone to RCM and eventual
development as a mixed us building
c. Availability of infrastructure, including public facilities and services needed to
serve the development,-
Adequate infrastructure and public services are available to the site in a similar fashion
to the adjacent existing DRA Professional Office Building. Net increase in public service
requirements by the proposed rezone and building development will be typical of a
building of the proposed size and occupancy and within the service capacity of present
utility systems.
d. The character of development, including compliance with Title 18 and all
other provisions of this City Municipal Code.
The proposed rezone and proposed improvements are intended to compliment the
existing RCM zoned DRA Professional Center while meeting all requirements of Title 18
relative to a mixed use building and providing a smooth transition and integration into
the existing adjacent LDR zoned neighborhood.
(3) That there are changed conditions since the previous zoning became effective to
warrant the proposed amendment to the zoning map;
Since the current zoning became effective, the DRA Professional Center adjacent to
the subject property has been fully developed but not fully [eased primarily as a result
of area wide parking difficulties acerbated by the often overflowing nearby park-and-
ride facility. The requested rezone to RCM and subsequent additionally available
shared parking would lessen the current parking issue and aid in the complete lease-
out of the DRA building, completed in 2011 and currently only partially occupied (See
#2 (B) Element 2 ECONOMIC DEVELOPMENT)
Page 10 of 11
37
(4) That the proposed amendment to the zoning rnap will be in the interest of
furtherance of the public health, safety, comfort, convenience and general welfare, and
will not adversely affect the surrounding neighborhood, nor be injurious to other
properties in the vicinity in which the subject property is located.
The proposed amendment to the zoning map allowing the development of the
proposed mixed use building will:
1. Improve pedestrian and traffic safety by reducing present neighborhood on- street
parking issues by providing below building parking and open parking and though
shared parking and surplus parking.
2. Improve safety of pedestrian and bicycle connections to local transit centers,
parks, businesses, schools, neighborhoods, and for existing and future City trail
programs and routes by providing new sidewalks and street frontage
improvements.
3. Help transition between RCM and LDR zones by maintaining sensitivity to
neighborhood scale, use of high quality pedestrian scale building materials and
architectural details, provide building massing sympathetic to both residential and
commercial features of surrounding structures. The rezone to match the adjacent
RCM zone is a natural extension of existing developments with no adverse impact
to the surrounding neighborhood.
4. Add convenience of neighborhood retail and neighborhood business service
opportunities.
5. Street frontage and development of the existing vacant lot will add value to
neighboring properties by upgrading the area. The opportunity of providing
neighborhood retail, professional services, and housing will add interest and
diversity helping to promote interaction and encourage community building.
Page 11 of 11
OP
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LIAR -ZO N E
RECEIVED
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Rezone Site Boundary Plan
Scale: 1 /16" = 11 -0"
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R861 BEMENTS
18.56.050/ t e 18 -7 Require
Retain
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Rebecca Fox
From: Jeff Encke <jeff @encke.org>
Sent: Thursday, February 04, 2016 2:12 PM
To: Rebecca Fox
Cc: Cassandra Hunter
Subject: Re: Rezone application at 13536 52nd Ave South (parcel #0003000005)
Hi Rebecca,
You asked that we submit written comments before the end of the week ... before doing that, let me
commend you for the amazing job you did Monday night herding cats and showing immense
patience, particularly with the woman who kept interrupting and stormed out of the meeting early! You
clearly care about the community's needs, and that means a lot to me.
As I indicated during the meeting, I like the building design the rezone applicant submitted with his
application. Apparently we all did. The suggestion of space for a coffee shop was a particularly exciting
prospect to my partner, Cassie Hunter - -I myself don't drink coffee, but a nearby public meeting space
would be wonderful for the residents. Furthermore, I sympathize with the owner's desire to make use of
his property. He seems like a nice man and doesn't owe his neighbors views of the sky or city or
whatever else we've enjoyed as adjoining lots have fallen into disuse over the years.
That said, I can't support the rezoning of this property. I bought my home, directly across the street
from Parcel #0003000005,10 years ago with the intention of spending the rest of my life in Tukwila.
Many of my neighbors have spent their entire lives in Tukwila, and other relative newcomers such as myself
have similar plans. In my view, to sustain the small community of people who actually live in
Tukwila, we need to preserve and protect its few areas zoned residential. Small buildings and
businesses that can support residential communities (restaurants, cafes, markets, food trucks, etc.) are
more than welcome. We need more of these. But office buildings, even two -story office buildings, simply
don't belong in clusters of single - family homes.
What's more, as I understand it, if the Tukwila City Council grants the owner a rezone approval, the city
and neighbors will lose most of their leverage to limit the development of the property in ways that
minimize negative impacts on the residential character of the neighborhood. Clearly my neighbors and I are
not particularly happy about the office building already there - -and certainly none of us were consulted before its
construction. If the rezone's approved, we'll be out of the loop again, and though the architect insists the
designed building's the one they want to put up, we could easily see another 30- plus -foot building in our midst,
if the owner deemed that the best investment. Tukwila could do little about it, provided the owner designed
within the code. That would have a profound effect on our quality of life and devalue our properties.
Though the architect proposed ways to mitigate them, it's also worth mentioning the significant inconveniences
the development of this property would present in the near term. I already find it difficult enough trying to pull
out of my driveway with the dense parking on 52nd Avenue. During the proposed construction, I anticipate
there would be long stretches were I would be unable to use my driveway at all, especially if they plan to close
off the street for days at a time. Impeding safe pedestrian access to Interurban during construction would be
another major pain point for residents. I can't imagine what that woman in the wheelchair would do on days she
couldn't use the sidewalks to get to the bus stop. She'd probably be forced to move.
Attachment
59
SO there it is. Please keep uze posted, and thanks again for the outreach and willingness tolisten!
JeffBucke
13537 52nd Ave South
On 1/20/2016 3:20 PM, Rebecca Fox wrote:
Hello Jeff,
Thank you for your message, and request for additional information. I've attached the application
materials for the rezone that has been requested from Low Density Residential to Regional Commercial
Mixed Use at13S3652nu Avenue South.
4 public information meeting ix scheduled for on February 1,J816 between 6 and 7p.nn. in the
conference room atPnatej Business Park, located at13S3O53`6 Avenue South, Tukwila, across the street
from the proposed rezone site. Following the February 1 public information meeting, the Tukwila City
Council will hold a public hearing, receive input from the public and staff, and afterward will decide
whether or not to approve the request for a zoning change. Once the City Council hearing schedule is
set, the public will be notified of the hearing date. You are encouraged to attend speak before the City
Council at the hearing or send written comments to let them know what you think about the rezone.
Please let me know if you have additional questions.
Senior Planned Tukwila Planning and Recycling |63ooSouthcenter Blvd, Tukwila VVAg8h88|ao6431-3683|
^8,T,vV8:3otn5
Tukwila: The City YfoMnnrtuxdy the community ofchoice.
From: Jeff Encke
Sent: Saturday, January 16,2O166:U2PIVI
To: Rebecca Fox
Cc: Cassandra Hunter
Subject: Rezone application et1353652nd Ave South (parcel #O0030O8O05)
ED
l own one ofthe residential properties directly across the street oo52odAvenue
from this proposed rezone and building project. Is there any way you can send me more
information about i1 prior t0 the February l meeting?
Thank you,
JeffEncke
mc
Rebecca Fox
From: Minnie Dhaliwal
Sent: Monday, March 14, 2016 9:01 AM
To: Rebecca Fox
Subject: FW: L15 -0010 Rezone
- - - -- Original Message---- -
From: Mary Jo Svendsen [mailto:maryjosv @me.com]
Sent: Saturday, March 12, 2016 1:43 PM
To: Minnie Dhaliwal
Subject: L15 -0010 Rezone
I'm writing to voice my concerns about the proposed Rezone L15 -0010. I own a small triplex across the street at 13525
52nd Ave S. After attending the first information meeting back in February on this proposed rezone and new
construction project, I became more concerned than I had been previously. This proposed area is surrounded by single
family homes with the sole exception of the large new office building across the street. The short -term impact would be
major noise, disruption of traffic flow on already somewhat dangerous well - traveled narrow roads, large construction
vehicles parking and obstructing these same narrow streets, dust and dirt in the air directly next to homes, just to name
a few issues. In the long -term, residents and home owners on all sides of this property would lose property value with a
commercial building next door, residents would now have to view this large building instead of a regular residential
home, and more traffic would need to flow on the narrow streets surrounding this property. Therefore I am deeply
opposed to allowing more commercial development into a residential neighborhood.
Mary Jo Svendsen
61
February 04, 2016
Rebecca Fox, Senior Planner
City of Tukwila
6300 Southcenter Blvd
Tukwila, WA 98188 -2544
Ray and Jennie Noonan
P O Box 415
Preston, WA 98050
Subject: Comments on L15 -0010 (Rezone); E15 -0013 (SEPA Environmental Review)
Hello, Rebecca,
Thank you for hosting the recent meeting at Pratej Business Plaza last Monday evening. We learned a lot
about the rezone process and the current proposed project.
Our property shares the southwest boundary with the proposed project, 13546 52nd Ave S. We have studied
the plans intently and have concerns which were not satisfied
by the informational meeting:
1. Our property is typically "Northwest wet" with a crawl space area requiring seasonal sump pump use to
remove water from changes in water table. We mentioned the water as concern at the meeting. But we
think we were misunderstood. We are talking about shallow water table not run off! The project involves
excavation of the hill and we suspect this will "peculate flowing" water. The path of least resistance is
onto our property and into 52nd Ave S. We saw no catch basin as part of the project and it appeared
from discussion that this concern has not been adequately studied, defined, or planned into the proposal.
2. We are concerned with the project size will negatively impact our property as follows:
a. The height and proximity of this building will limit the view from the kitchen window to a concrete
wall and we suspect you will never see the sky again from this window!
We were not kidding when we proposed painting a forest mural on this building's wall facing our
property.
b. We suspect that radiant heat given off by this building will change the ecology of our property
making it several degrees warmer during the summer and probably colder
in winter. This micro environmental change could easily limit fruit from our 100 year old, prolific
producing apple tree and negatively impact other mature specie shrubs along this border.
3. The most alarming information obtained from this meeting was if the zoning change is granted, the City
of Tukwila imposes no obligation upon the developer to construct the
proposed project. The project as we see it is already beyond the scope of development for the area
and with a zoning change, the developer can do whatever they want! For example, nothing
we see prevents the developer from adding a dozen living units on three floors and simply make the building
two stories taller!
4. We have been property owners in Tulwila for several years and have discussed the local geology of this
area with the city planning department. We were told that the area bordering Interurban Ave is unstable
having been mined in the early days for city development. We voiced this concern at the meeting and
again it appears it falls in the same category as the water —wait and see and handle the problem as a
field decision during construction!
5. The project does propose 40 parking stalls and storage units. We see this as a magnet for crime.
Storage unit break ins are an easy hit for thieves and off hour parking
garages can be a haven for street people! We know because we have been victims of both! This
concern is very real and present here!
We understand the dynamic effect of change upon an area and have seen the effect of gentrification in other
areas. One area resident here so truly commented that the only thing we have to hang onto is the existing
62
zoning —Low Density Residential (LDR). We can see some benefit of this project fostering community with
the establishment of for example a
neighborhood coffee house! This could come to pass in another location. But for this time we feel that the
proposal has too many detrimental unknowns and the zoning for this
property should remain LDR
Bottom line, we feel the current proposal is too big for the location.
Thank you for the opportunity to comment.
Sincerely,
Jennie Noonan
Ray Noonan
63
m
65
M.
Is
■ i ,_ s
s s
REGIONAL COMMERCIAL MIXED -USE
(RCM) DISTRICT
Sections:
18.26.010
Purpose
18.26.020
Permitted Uses
18,26.030
Accessory Uses
18.26.040
Conditional Uses
18.26.050
Unclassified Uses
18.26.060
On -Site Hazardous Substances
18.26.070
Design Review
18.26.080
Basic Development Standards
18.26.010 Purpose
This district implements the Regional Commercial Mixed
Use Comprehensive Plan designation, which allows up to 14.5
dwelling units per net acre. Senior citizen housing is allowed up
to 60 dwelling units per acre, subject to additional restrictions. It
is intended to provide for areas characterized by commercial
services, offices, lodging, entertainment, and retail activities with
associated warehousing, and accessory light industrial uses,
along a transportation corridor and intended for high- intensity
regional uses. Residential uses mixed with certain commercial
uses are allowed at second story or above. The zone's
standards are intended to promote attractive development, an
open and pleasant street appearance, and compatibility with
adjacent residential areas.
(Ord, 7830 § 166, 1998, Ord. 1758 § 1(part) 1995)
18.26.020 Permitted Uses
The following uses are permitted outright within the
Regional Commercial Mixed Use District, subject to compliance
with all other applicable requirements of the Tukwila Municipal
Code:
1. Animal veterinary, including associated temporary
indoor boarding; access to an arterial required.
2. Automobile, recreational vehicles or travel trailer
sales rooms and travel trailer or used car sales lots. No
dismantling of cars or travel trailers or sale of used parts
allowed.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within
a building)
4. Beauty or barber shops.
5. Bicycle repair shops,
6. Billiard or pool rooms.
7. Brew pubs.
8. Businesses that include a retail component in
conjunction with their manufacturing operation and meeting this
chapter's other performance standards. These businesses may
manufacture, process, assemble and/or package foods,
Produced by the City of Tukwila, City Clerk's Office
TITLE 18 —ZONING
including, but not limited to baked goods, beverages, candy,
canned or preserved foods, dairy products and byproducts,
frozen foods, instant foods and meats (no slaughtering),
9. Bus stations.
10. Cabinet shops or carpenter shops employing less
than five people.
11. Commercial laundries.
12. Commercial parking; provided it is:
a. located within a structure having substantial
ground floor retail or commercial activities and designed such
that the pedestrian and commercial environments are not
negatively impacted by the parking use; or
b. located at least 175 feet from adjacent arterial
streets and behind a building that, combined with appropriate
Type III landscaping, provides effective visual screening from
adjacent streets.
13. Computer software development and similar uses.
14. Convalescent and nursing homes for not more
than 12 patients.
15. Convention facilities.
16. Daycare centers.
17. Dwelling - multi - family units above office and retail
uses.
18. Extended -stay hotel /motel.
19. Financial:
a. banking
b, mortgage
c. other services
20. Fix -it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22, Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Hotels.
25. Industries involved with etching, film processing,
lithography, printing and publishing.
26. Laundries:
a, self -serve
b. dry- cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing and industrial uses that have little
potential for creating off -site noise, smoke, dust, vibration or
other external environmental impacts or pollution, including but
not limited to, manufacturing, processing, assembling,
packaging and/or repairing of:
a. Pharmaceuticals and related products, such as
cosmetics and drugs;
b. Previously prepared materials, including, but
not limited to, bags, brooms, brushes, canvas, clay, clothing,
fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and
wood;
c. Electronic, mechanical or precision instruments
such as medical and dental equipment, photographic goods,
measurement and control devices, and recording equipment.
Attachment E
Page
67
TUKWILA MUNICIPAL CODE
29. Medical and dental laboratories.
30. Mortician and funeral homes,
31. Motels.
32. Offices, including:
a. outpatient medical clinic
b. dental
c, government - excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
33. Parks, trails, picnic areas and playgrounds
(public), but not including amusement parks, golf courses or
commercial recreation.
34. Planned shopping center (mall).
35. Plumbing shops (no tin work or outside storage).
36. Recreation facilities (commercial - indoor), athletic
or health clubs.
37. Recreation facilities (commercial - indoor),
including bowling alleys, skating rinks, shooting ranges.
38. Religious facility with an assembly area less than
750 square feet.
39. Rental of vehicles not requiring a commercial
driver's license (including automobiles, sport utility vehicles,
mini -vans, recreational vehicles, cargo vans and certain trucks).
40. Restaurants, including:
a. drive - through
b, sit down
c. cocktail lounges in conjunction with a
restaurant
41. Retail sales of furniture, appliances, automobile
parts and accessories, liquor, lumber /building materials, lawn
and garden supplies, farm supplies.
42. Retail sales of health and beauty aids, prescription
drugs, food, hardware, notions, crafts and craft supplies,
housewares, consumer electronics, photo equipment and film
processing, books, magazines, stationery, clothing, shoes,
flowers, plants, pets, jewelry, gifts, recreation equipment and
sporting goods, and similar items.
43. Schools and studios for education or self -
improvement.
44. Self- storage facilities.
45. Storage (outdoor) of materials allowed to be
manufactured or handled within facilities conforming to uses
under this chapter; and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements
chapter of this title.
46. Studios - art, photography, music, voice and
dance.
47. Taverns, nightclubs.
48. Telephone exchanges.
49. Theaters, excluding adult entertainment
establishments, as defined by this code.
Page 18 -64
.:
50. Warehouse storage and /or wholesale distribution
facilities.
51. Other uses not specifically listed in this title, which
the Director determines to be:
a. similar in nature to and compatible with other
uses permitted outright within this district;
b. consistent with the stated purpose of this
district; and
c. consistent with the policies of the Tukwila
Comprehensive Plan.
(Ord. 2368 §22, 2012; Ord 2287 § 15, 2070;
Ord 22:1 §33; 2009, Ord 21321. §3, 2003, Ord. 1 986 8, 21101;
Ord. 1971 §11, 2001; Ord 1830 §1I 1998; Ord, 1814 §2 1997;
Ord. 1758 §1(part), 1995)
18.26.030 Accessory Uses
The following uses and structures customarily appurtenant
to a permitted use, and clearly incidental to,,,such permitted use,
are allowed within the Regional Commercial Mixed Use District.
1. Adult day care.
2. Cargo container; two may be allowed per lot with
approval as a Type 2 decision; criteria are listed at TMC
18.50.060.
3. Dormitory as an accessory use to other uses that
are otherwise permitted or approved conditional uses such as
churches, universities, colleges or schools.
4. Family child care homes, provided the facility shall
be licensed by the Department of Social and Health Services
Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupation.
6. Parking areas,
7. Recreational area and facilities for employees,
8. Residences for security or maintenance person-
nel.
9. Other uses not specifically listed in this title, which
the Director determines to be:
a. uses that are customarily accessory to other
uses permitted outright within this district;
b. consistent with the stated purpose of this dis-
trict; and
c. consistent with the policies of the Tukwila
Comprehensive Plan.
(Ord 2251 §36, 2009, Ord. 1989 §r; 2002,
Ord 1976 §99, 2001; Ord. 1758 § 1(pail), 1995)
18.26.040 Conditional Uses
The following uses may be allowed within the Regional
Commercial Mixed -Use District, subject to the requirements,
procedures, and conditions established by the Conditional Use
Permits chapter of this title:
1. Amusement parks.
2. Animal shelters and kennels, subject to all addi-
tional State and local regulations (less than four cats or dogs
does not need a permit).
3. Cemeteries and crematories.
Produced by the City of Tukwila, City Clerk's Office
4. Religious facility with an assembly area greater
than 750 square feet and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than
12 patients.
7. Drive -in theaters.
8. Electrical substations - distribution,
9. Fire and police stations.
10. Hospitals.
11. Manufacturing and industrial uses that have little
potential for creating off -site noise, smoke, dust, vibration or
other external environmental impacts or pollution, limited to
manufacturing, processing and /or assembling previously
prepared metals, including, but not limited to, stamping, dyeing,
shearing or punching of metal, engraving, galvanizing and
hand - forging.
12. Park - and -ride lots.
13. Pawnbrokers,
14. Radio, television, microwave or observation sta-
tions and towers.
15. Recreation facilities (public), including, but not lim-
ited to, sports fields, community centers and golf courses.
16. Schools, preschool, elementary, junior or senior
high schools (public), and equivalent private schools.
(Ord 2368§23, 2012 Ord 2287 §76, 26101.Ord. 2251.$37, 2009;
Ord. 2135 §17, 2006; Ord, 1917, §4, 2001; Card 1865§32, 1f)99;
Ord 1830 § 18 1998; Ord 1758 §7 (part), 1995)
18.26.050 Unclassified Uses
The following uses may be allowed within the Regional
Commercial Mixed Use District, subject to the requirements,
procedures and conditions established by TMC Chapter 18.66.
1. Essential public facilities, except those uses listed
separately in any of the districts established by this title.
2. Hydroelectric and private utility power generating
plants.
3. Landfills and excavations which the responsible
official, acting pursuant to the State Environmental Policy Act,
determines are significant environmental actions.
4. Mass transit facilities.
(Ord. 2097 § 14, 2005; Ord 1991; 3, 2002; Ord, 7976 §98, 2001;
Ord. 1865§33, 1999 ; Ord. 7758 § 1(part), 1995)
18.26.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling,
or hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permit-
ted use. On -site hazardous waste treatment and storage facili-
ties shall be subject to the State siting criteria (RCW 70.105).
(See TMC Chapter 27.08.)
(Ord 1758 §1(part), 1995)
Produced by the City of Tukwila, City Clerk's Office
TITLE 18 —ZONING
18.26.070 Design Review
Design review is required for all projects located within the
shoreline jurisdiction that involve new building constructionor
exterior changes if the cost of the exterior changes equals or
exceeds 10% of the building's assessed valuation, and for
commercial structures 1,500 square feet or larger and for all
structures containing multi - family dwellings outside the
shoreline jurisdiction. Commercial structures between 1,500
and 5,000 square feet and multi - family structures up to 1,500
square feet will be reviewed administratively. Design review is
also required for certain exterior repairs, reconstructions,
alterations or improvements to buildings over 10,000 square
feet.
(See TMC Chapter 78.60, Board of Architectural Review.)
(Ord. 2368 §24, 2012; Ord. 2005 §'8, 2002.
Ord 1758 §7 (part), 7985)
Page 18 -65
.•
TUKWILA MUNICIPAL CODE
18.26.080 Basic Development Standards
Development within the Regional Commercial Mixed Use
District shall conform to the following listed and referenced
standards:
RCM BASIC DEVELOPMENT STANDARDS
Lot area per unit (multi - family,
3,000 sq. ft.
except senior citizen housing),
minimum
Setbacks to yards, minimum:
Front
20 feet
Second front
10 feet
Sides
10 feet
Sides, if any p onion of the yard is within 50 feet of L DR, MDR, HDR
lst floor
10 feet
2nd floor
20 feet
3rd floor
30 feet
• Rear
10 feet
Rear, if any pqntion of the yard is within 50 feet of LDR, MDR, HDR
1st floor
10 feet
2nd floor
20 feet
3rd floor
30 feet
Height, maximum
3 stories or 35 feet
Landscape requirements (minimum):
See Landscape, Recreation, Recycling /Solid Waste Space requirements
Chapter for further requirements
Front(s)
10 feet
Sides
5 feet
Sides, if any portion of the yard
10 feet
is within 50 feet of LDR, MDR,
HDR
Rear
None
Rear, if any portion of the yard
10 feet
is within 50 feet of LDR, MDR,
HDR
Recreation space
200 sq. ft. per dwelling unit,
1,000 sq, ft. min.
Recreation space,
100 sq. ft. per dwelling unit
senior citizen housing
Off street parking
Residential (except senior
See TMC Chapter 18.56, Off street
citizen housing)
Parking & oading Regulations
Office
3 per 1,000 sq. ft.
usable floor area minimum
Retail
2.5 per 1,000 sq. ft.
usable floor area minimum
Manufacturing
1 per 1,000 sq. ft.
usable floor area minimum
Warehousing
1 per 2,000 sq. ft.
usable floor area minimum
Other uses, including senior
See TMC Chapter 18.56,
citizen housing
Off- street Parking & Loading
Regulations
Performance Standards: Use, activity and operations within a structure or
a site shall comply with (1) standards adopted by the Puget Sound Air
Pollution Control Agency for odor, dust, smoke and other airborne
pollutants, (2) TMC Chapter 8.22, "Noise', and, (3) adopted State and
Federal standards for water quality and hazardous materials. In addition,
all development subject to the requirements of the State Environmental
Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse
environmental impacts have been adequately mitigated.
Page 18 -66
70
(turd. 1976 §47, 20tH; Gird. 1872 §f; 1999,,
Cirri 1830§19, 1998; Ord. 1758 § 1(part), 1995)
Produced by the City of Tukwila, City Clerk's Office
COUNCIL AGENDA SYNOPSIS
Initials
Meefin Date
Prepared by
Ma or'r �"Pv
Council review
03/28/16
LH
❑ Resolution
Mtg Date
E Ordinance
Mtg Date 04104116
04/04/16
LH
F-1 Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Einance [:] Fire ❑ IT ❑ P&R E Police ❑ PWI
SPONSOR'S Tukwila Police Department enforces state statutes that are adopted by reference in Title 8
SUMMARY of the Tukwila Municipal Code (TMC), "Public Peace, Morals, and Safety." Those state
statutes are re-codified by the state legislature from time to time and new crimes are
adopted, so the City must update ordinances such as this one every few years to ensure
that the TMC references the correct state statues and includes all of the state statutes.
REVIEWED BY ❑ cow Mtg- ❑ CA&P Cmte E F&S Cmte ❑ Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 03/22/16 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Tukwila Police Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/28/16
ITEM INFORMATION
ITEM NO.
4. B.
71
ISTAFF SPONSOR: LISA HARRISON
I ORIGINAL. AGENDA DATE: 03/28/16
AGENDA ITEM Ti,n,E An ordinance updating the City's Criminal Code
CATEGORY M Discussion
Mtg Date 03128116
1-1 Motion
Mtg Date
❑ Resolution
Mtg Date
E Ordinance
Mtg Date 04104116
❑ BidAvard
Mtg Date
F-1 Public Heating
Mtg Date
F-1 Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Einance [:] Fire ❑ IT ❑ P&R E Police ❑ PWI
SPONSOR'S Tukwila Police Department enforces state statutes that are adopted by reference in Title 8
SUMMARY of the Tukwila Municipal Code (TMC), "Public Peace, Morals, and Safety." Those state
statutes are re-codified by the state legislature from time to time and new crimes are
adopted, so the City must update ordinances such as this one every few years to ensure
that the TMC references the correct state statues and includes all of the state statutes.
REVIEWED BY ❑ cow Mtg- ❑ CA&P Cmte E F&S Cmte ❑ Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 03/22/16 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Tukwila Police Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/28/16
MTG. DATE
ATTACHMENTS
03/28/16
Informational Memorandum dated 3/3/16
Ordinance in draft form
Minutes from the 3/22/16 Finance and Safety Committee Meeting
04/04/16
71
72
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Ekberg
Finance & Safety Committee
FROM: Officer Lisa Harrison
DATE: March 3, 2016
SUBJECT: Criminal Code Update Ordinance
ISSUE
A housekeeping ordinance is necessary to update the City's criminal code and to establish the
crime of "making or possessing retail theft tools."
BACKGROUND AND DISCUSSION
Many of the crimes that the Tukwila Police Department enforces are state statutes that are
adopted by reference in Title 8 of the Tukwila Municipal Code (TMC), "Public Peace, Morals,
and Safety." Those state statutes are re- codified by the state legislature from time to time and
new crimes are adopted, so the City must pass update ordinances such as this one every few
years to ensure that the TMC references the correct state statues and includes all of the state
statutes that the Tukwila Police Department needs to be able to enforce.
The draft ordinance also establishes a new TMC Chapter 8.40 to address the crime of "making
or possessing retail theft tools." This code update will allow the Tukwila Police and City
Prosecutor the ability to arrest and prosecute individuals who are caught committing this type of
crime. There is no state law that the City can adopt by reference to prohibit making retail theft
tools therefore, the draft ordinance creates a new local law that would be codified at TMC
Chapter 8.40.
FINANCIAL IMPACT
The draft ordinance simply cleans up TMC Title 8 and provides more tools to the Tukwila Police
Department so that officers can more effectively carry out the work they are already doing.
RECOMMENDATION
The Finance and Safety is being asked to forward the ordinance to the March 28, 2016
Committee of the Whole meeting, and then to the April 4, 2016 Regular City Council meeting for
approval.
ATTACHMENTS
Ordinance in draft form
73
74
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING VARIOUS
ORDINANCES TO UPDATE THE CRIMINAL CODE AS
CODIFIED IN TITLE 8 OF THE TUKWILA MUNICIPAL
CODE TO BE CONSISTENT WITH STATE LAW;
ESTABLISHING PROVISIONS PERTAINING TO THE
CRIME OF MAKING OR POSSESSING A RETAIL THEFT
TOOL, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE
SECTION 8.40.050; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in the interest of the public health, safety, and welfare, the City Council
desires to update Title 8 of the Tukwila Municipal Code to be consistent with state law
by removing references to state criminal statutes that no longer exist and by adopting by
reference additional state criminal statutes; and
WHEREAS, Title 8 of the Tukwila Municipal Code does not currently have
provisions pertaining to the crime of making or possessing a retail theft tool and, in the
interest of the public health, safety, and welfare, the City Council desires to adopt such
provisions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 8.01.040 Amended. Ordinance No. 1363 §1 (part), as
codified at Tukwila Municipal Code (TMC) Section 8.01.040, "Contempt," is hereby
amended to read as follows:
8.01.040 Contempt
The following statutes of the State of Washington as now in effect or as may be
subsequently amended or recodified, are hereby adopted by reference:
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RCW 7.2 1. 010
Definitions.
RCW 7.21.020
Sanctions — Who may impose.
RCW 7.21.030
Remedial sanctions — Payment for losses.
RCW 7.21.040
Punitive sanctions — Fines.
RCW 7.21.050
Sanctions — Summary imposition — Procedure.
Section 2. TMC Section 8.20.010 Amended. Ordinance Nos. 2049 §2 and 1907
§1, as codified at TIVIC Section 8.20.010, "Frauds and Swindles," are hereby amended to
read as follows:
8.20.010 Frauds and Swindles
The following statutes of the State of Washington, as now in effect or as may be
subsequently amended or recodified, are hereby adopted by reference:
RCW 9.26A.100
Definitions.
RCW 9.26A.110
Fraud in obtaining telecommunications service — Penalty.
RCW 9.26A.120
Fraud in operating coin-box telephone or other receptacle.
RCW 9.26A.130
Penalty for manufacture or sale of slugs to be used for coin.
RCW 9.45.060
Encumbered, leased, or rented personal property — Construction.
RCW 9.45.070
Mock auctions.
RCW 9.45.080
Fraudulent removal of property.
RCW 9.45.090
Knowingly receiving fraudulent conveyance.
RCW 9.45.100
Fraud in assignment for benefit of creditors.
RCW 9A.56.096
Theft of rental, leased., of-lease-purchased, or loaned property.
RCW 9A.56.330
Possession of another's identification.
RCW 9A.60.010
Definitions.
RCW 9A.60.040
Criminal impersonation in the first degree.
RCW 9A.60.045
Criminal impersonation in the second degree.
RCW 9A.60.050
False certification.
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Section 3. TMC Section 8.30.060 Amended. Ordinance No. 1677 §11, as codified
at TMC Section 8.30.060, "Harassment," is hereby amended to read as follows:
8.30.060 Harassment
The following state statutes of the State of Washington, as now in effect or as may be
subsequently amended or recodifiedjnGluding all futum amendments, are hereby adopted
by reference:
RCW 9A.46.020 Definition — Penalties.
RCW 9A.46.030 Place where committed.
RCW 9A.46.040 Court-ordered requirements upon person charged with crime —
Violation.
RCW 9A.46.050
RCW 9A.46.060
RCW 9A.46.070
RCW 9A.46.080
RCW 9A.46.090
RCW 9A.46.100
RCW 9A.46.110
Arraignment — No-contact order.
Crimes included in harassment.
Enforcement of orders restricting contact.
Order restricting contact — Violation.
Nonliability of peace officer.
"Convicted", time when.
Stalking.
RCW 10.14.020
Definitions.
RCW 10.14.030
Course of conduct — Determination of purpose.
RCW 10.14.040
Protection order — Petition.
RCW 10.14.055
Fees excused, when.
RCW 10.14.060
Proceeding in forma pauperis.
RCW 10.14.065
Orders — Judicial information system to be consulted.
RCW 10. 14.070
Hearinq — Service.
RCW 10.14.080
Antiharassment protection orders — Ex parte temporary — Hearing
Longer term, renewal — Acts not prohibited.
RCW 10.14.085
Hearing reset after ex parte order — Service by publication —
Circumstances.
RCW 10.14.090
Representation or appearance.
RCW 10. 14.100
Service of order.
RCW 10.14.105
Order following service by publication.
RCW 10. 14.110
Notice to law enforcement agencies — Enforceability.
RCW 10.14.115
Enforcement of order — Knowledge prerequisite to penalties —
Reasonable efforts to serve copy of order.
RCW 10.14.120
Disobedience of order — Penalties.
RCW 10.14.125
Service by publication — Costs.
RCW 10.14.130
Exclusion of certain actions.
RCW 10.14.140
Other remedies.
RCW 10. 14.150
Jurisdiction.
RCW 10.14.155
Personal jurisdiction — Nonresident individual.
RCW 10.14.160
Where action may be brought.
RCW 10.14.170
Criminal penalty.
RCW 10.14.180
Modification of order.
RCW 10. 14.210
Court appearance after violation.
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Section 4. Regulations Established. TIVIC Section 8.40.050, "Making or
Possessing a Retail Theft Tool," is hereby established to read as follows:
8.40.050 Making or Possessing a Retail Theft Tool
A. Anv oerson who makes or mends. or causes to be made or mended. uses. or
has in his or her possession any retail theft tool that is adapted, designed, or commonly
used for the commission of retail related theft, under circumstances evincing an intent to
use or employ, or allow the same to be used or employed, in the commission of retail
related theft, or knowing that the same is intended to be so used, is guilty of making or
having retail theft tools, a gross misdemeanor.
B. For the purpose of this section, a retail theft tool includes, but is not limited to,
the following: booster bags; any implement carried with the intent to be used to defeat
theft protection sensors, devices, or surveillance; or any other implement shown by
facts and circumstances that is intended to be used in the commission of a theft from a
retail store or similar place, or knowing that the same is intended to be so used.
Section 5. TIVIC Section 8.50.010 Amended. Ordinance Nos. 1538 §1 and 1363 §1
(part), as codified at TIVIC Section 8.50.010, "Public Indecency — Sex Crimes," are hereby
amended to read as follows:
8.50.010 Public Indecency — Sex Crimes
The following statutes of the State of Washington, as now in effect or as may be
subsequently amended or recodified, are hereby adopted by reference:
RCW 9A.44.010
RCW 9A.44.096
RCW 9A.44.120
RCW 9A.44.132
Definitions.
Sexual misconduct with a minor in the second degree.
Admissibility of child's statement — Conditions.
Failure to register as sex offender or kidnapping offender — Refusal
to provide DNA.
RCW 9A.44.170
Custodial sexual misconduct in the second degree.
RCW 9A.88.010
Indecent exposure.
RCW 9A.88.030
Prostitution.
RCW 9A.88.050
Prostitution — Sex of parties immaterial — No defense.
RCW 9A.88.09004
Permitting prostitution.
RCW 9A.88.110
Patronizing a prostitute.
RCW 9A.88.120
Additional fee assessments.
RCW 9A.88.130
Additional requirements.
RCW 9A.88.140
Vehicle impoundment — Fees — Fines.
RCW 9A.88.150
Seizure and forfeiture.
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Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 7. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 8. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2016.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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:1
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
City Council Finance and Safety Committee
March 22, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building
Councilmembers: Verna Seal, Chair; Dennis Robertson, Kate Kruller
Staff: David Cline, Peggy McCarthy, Lisa Harrison, Laurel Humphrey
CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
BUSINESS AGENDA
A. Ordinance: Amending Tukwila Municipal Code Title 8 - Criminal Code
Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code
Sections 8.01.40, 8.20.010, 8.30.060 and 8.50.010 to ensure consistency with state law by
removing references to outdated statutes and adopting by reference current statutes. The
proposed ordinance also adds anew section 8.40.050, Making or Possessing a Retail Theft Tool.
UNANIMOUS APPROVAL. FORWARD TO MARCH 28, 2016 COMMITTEE OF THE WHOLE.
B. 2016 Budget Amendments
Staff is seeking Council approval of proposed budget amendments that if approved will be
included in the year -end budget amendment ordinance. These amendments are revenue
backed or carry-over from 2015.
• Reimbursement of salary from the Washington Auto Theft Prevention Authority
grant for salary for a detective assigned as an Auto Theft Task Force Detective.
• Reimbursement of salary from the Washington State Criminal Justice Training
Center for an officer assigned as a trainer for the Basic Law Enforcement
Academy.
• Correct a previous amendment by adding revenue and expenditure for the 2015
COPS grant
• Carryover funding from 2015 to 2016 for the purchase of the Laserfiche Rio
upgrade, as the invoice arrived in January 2016.
Councilmember Kruller raised concerns about requests of Council to approve amendments
fortransactions already completed and suggested the City review its procedures for budget
amendments to avoid this scenario. UNANIMOUS APPROVAL. FORWARD TO MARCH 28,
2016 COMMITTEE OF THE WHOLE.
RIM