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COW 2016-03-28 Item 3 - Public Hearing - Rezone and Comprehensive Plan Map Change at 13536 52nd Avenue South (Angolkar Rezone)
COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor' Drew Council review 03/28/16 RF -' to Regional - JUDICIAL during the meeting. 04/04/16 RF rssion 3/28/16 ❑ Resolution Mfg Date ❑ Bid Award Mtg Date ❑ Other I lig Date CATEGORY /1 Dis )1 Motion • Ordinance Public .Hearing Mtg Dale Mtg Dale 4/4/16 ITEM INFORMATION ITEM No. 3& 4.A. ST:\l1'' SPONSOR: JACK PACE ORIGINAL AGENDA DATE: 3/28/16 AGENDA I'T'EM Trim Request at discussion for rezone 13536 52nd Avenue related from Low South. to this issue Density Residential This is a QUASI should occur to Regional - JUDICIAL during the meeting. Commercial matter and any Mixed Use and all rssion 3/28/16 ❑ Resolution Mfg Date ❑ Bid Award Mtg Date ❑ Other I lig Date CATEGORY /1 Dis )1 Motion • Ordinance Public .Hearing Mtg Dale Mtg Dale 4/4/16 At Dale Mtg Date 3/28/16 SPONSOR ❑ Council Mayor ❑ Finance ❑ lire ❑ TS ❑ P&R ❑ Police ❑ PIS% • HR `a DCD 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 - JUDICIAL RI::V1EWED BY ❑ COW Mtg. — CA &P Cmte ❑ F &S Crnte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: • Utilities Crnte 1 Arts Comm. DATE: RECOMMENDATIONS: SPONSOR COMMITTEE /ADMIN. Department of Community Development COST IMPACT / FUND SOURCE EXPENDITURE 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 s _ 1 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 52 "d 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 4 City of Tukwila Allan Ekberg, Mayor Department of Community Development Jack Pace, Director STAFF REPORT TO THE CITY COUNCIL HEARING DATE: March 28, 2016 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 5, 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 6 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. 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 53' 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 53`1' 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 5 137' Street, due to budget issues and limited right of way. • Water Main: Tukwila will replace an undersized and aging water main between Interurban Ave 5 and 5 1441'' 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 5. 137th and Interurban Ave. S. is generally in the top 10% for discussion purposes. Roadway improvements for 53rd Ave S — Improvements for 53'd Avenue South from S. 137th to 5, 144th Street (including sidewalks, sparrow /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 53' Avenue South project due budget issues and limited right of way. Page 3 of 15 03/22/2016 7 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 PRA 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.) rse Page 4 of 15 03/2212016 9 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 tri -plex north across 52 "d Avenue South. (See below) 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 0312212016 1 1 12 The eastern portion of the site is mapped showing Class 3 areas (high landslide potential), with 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. Map Legend Fish and Wildlife Habitat Area Wetland Wetland Buffer 0/ t Buffer ■Stream Landslide Area „0" /Ft ioodway Steep Slope horeline Priori ir•i• inn rem In 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. ,,,,,,,,���''' =fir V; City Limit • IL_.; Water Body • Stream Parcel Mine Hazard Area Geology Soils Landslide Area Page 6 n i 1 i 03/22/2016 1 3 1 .4 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 USE'S 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 and 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 03/22/201 ' 15 16 • 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 budding. 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. 53'd 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 53' 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 Paig c ol 1 } 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 rezones 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 53`d Avenue South Street Improvement project that will provide roadway and pedestrian improvements along 53`d Avenue South wilt not address neighborhood concerns since it is planned to end at S. 137th 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 there for 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 18 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 Page 10 01'15 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 dear 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 tight 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: 1. 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 20 • 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. Z. 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 fight 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 1.8.10.010 Purpose, the Low Density Residential (LDR) district is "'... Page 12 01. 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 aver 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 03122/2015 21 22 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 mufti-family without the rezone. • RCM property, located adjacent to the DRA Professional Center, is currently vacant. Page 14 of 15 1,i1 22)201h 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.) ('3Qe 15 ut l" f ./22 rll6 23 24 CITY OF TUKWILA Department of Community Development 6300 Southcenier Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FiFeervED 'DEC 22 205 L7'PA frr h' :t:'. t"#-F;S.I ZONING CODE AMENDMENTS APPLICATION 1/5115 NAME OF PROJECT/DEVELOPMENT: Angolkar Property Rezone BRIEF DESCRIPTION OF PROJECT: Rezone of newly purchased Angolkar lot adjacent to existing Angolkar cco 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, LISTALL TAX LOT NUMBERS (thisinfarmatial may be found on your tax statement). 0003000005 DEVELOPMENT COORDINATOR The individual who: • has decision making authority on behalfofthe 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. Marne: Austin Kovach Address: 2115 Colby Avenue, Everett WA 98201 Phone: 206 -617 -2899 E -mail: austin @kovacharchitects.com FAX: N/A Signature: Date: 12/16115 1ldeptstore \City Commoniteri"dtevisions In Pmgress\Zorting Code Amend- Jnn20I l.docx Attachment A 25 FOR STAFF USE ONLY Pern :its Plus Type: F -CODE Planner: 12e h e c File Number: 1....) C —00/D Application Complete Date: Project File Number: 'j / S,- _ 0,00 Application Incomplete Date: ,) j ! f i Other File Numbers: De 10 — C7 f f 1/5115 NAME OF PROJECT/DEVELOPMENT: Angolkar Property Rezone BRIEF DESCRIPTION OF PROJECT: Rezone of newly purchased Angolkar lot adjacent to existing Angolkar cco 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, LISTALL TAX LOT NUMBERS (thisinfarmatial may be found on your tax statement). 0003000005 DEVELOPMENT COORDINATOR The individual who: • has decision making authority on behalfofthe 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. Marne: Austin Kovach Address: 2115 Colby Avenue, Everett WA 98201 Phone: 206 -617 -2899 E -mail: austin @kovacharchitects.com FAX: N/A Signature: Date: 12/16115 1ldeptstore \City Commoniteri"dtevisions In Pmgress\Zorting Code Amend- Jnn20I l.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) 11deptstorelCity Common \Teri\Revisions In Progress1Zoning Code Amend -Ian2O I l docx 26 STATE OF WASHINGTON CITY OF TUKWILA Department of Community Development 6300 S©uthcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING 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 1360 53131] 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 �, [ (e4 (city), j r (state), on L7 �[) , 20. 1 5 pADA►ARM- V- enOLK tQ (Print Name)t RECEIVED MA, 05 231 7f VFl01)m (Address) -) .4s -g- 30 (Phone Number) (Signature) On this day personally appeared before me e r.( wt of v-e, t(� lY A o (ka v to me known to be the individual who executed the foregoing instrument and acknowledged that heake•signed the same as his/he, voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 0 t'( DAY OF iriVia 6-t , 20 J }' R. DAYTON HUGHES NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JANUARY 29, 2018 NOTARY Pt B JO in and residing at My Commission expires on \`.deptstoretCicy Conunori.Teri4tevisions In Progress\Zoning Cede Amend- Jan201 1.docx r the ate of Washington x )1;4? 27 'DEC 22 205 (1) The proposed project and amendment to the zoning map is consistPeRMi +r 111 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; 0 Foster public life throughout the City by providing neighborhood focal points and open spaces that are well - integrated into the neighborhoods they serve. A 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 1of11 28 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. _ r . +r .`. k.` • t' E ora 'J!y.� i PtA rl.a�I:i Y�it Nil fo p,. r thaoj , LJ AU /, t /d',':_'f_!___I , =!' I } y 1.1 L"1 I! f. d .? ^•[T' ' Lf 1 �.- -Ki. --Irig ( files t;`) I . m _ p II:los ng of nil types, k {lL ' r'i_)Pi';P t= 7I170!t'S, r'- PAfilir;7 l7_Iu. i Ji ' 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. o Explore and develop incentive zoning, a housing trust fund, density bonuses, parking exemptions, deferred or reduced payment of impact fees, multi- family tax exemptions, andior 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 and 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. GOAL 6.1 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. b 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 in 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 services within walking distance. This limits residents' ability to enjoy their community and to get around without a motor vehicle. Tukwila'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 marry 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, Implementation 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 Sustainability: 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 o Development of a variety of new housing, including single-family homes. o Require sidewalk and landscape planter for both sides of residential streets and on two-lane street improvernents, where appropriate. O 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 physic& improvements and programs including neighborhood gathering spots, landmark designation and improvement, and streetscape iniprovements. 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 v 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: i site planning focused on neighborhood design integration; • building design architecturally linked with the surrounding neighborhood and style; e streetscapes that encourage pedestrian use and safe transition to private spaces, with trees reducing the effects of large paved areas; e recreational spaces and facilities on site; • creative project design that provides a diversity of housing types within adopted design criteria, standards and guidelines; and a 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. GOAL 7.6 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 o On- street parking along the street front, behind or beside buildings. 0 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 p 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 NETWORK 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. 13.2.11 Design intersections and sidewalks to promote pedestrian safety and foster walking as a viable mode of transportation. 13.2.12 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 - MOTORIZED TRANSPORTATION POLICIES 13.6.1 Consider and provide for all users of the roadway, including pedestrians and bicyclists, as appropriate, when new streets and street improvements are made. 73.6.3 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), 1 995) -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 leased 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 map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. 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 LOR 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 38 COPYRGHT p 2015 KOVACH ARCHFTECTS, Inc P S (ALL RIGHTS RESERVED} Zoning and Comprehensive Plan Designation i f 127 /47/ DRA Professional Center LDR LI LDR Site Identification Site Viciniy Map No Scale Site Address: 137XX 53rd Avenue South, Tukwila WA 98168 ;Tax Parcel Number: 0003000005 Owner:Pratej II, LLC Legal Description That portion of the Stephen Foster Donotlon Clam lying wth:n Sect on Ia T ;enshp 2.3 North Range 4 East W Ivt King County. Washington. described as fo1o05 Beg nning at the West quarter corner of sari Section 14' THENCEySo\nh along the Westerly line of sad Section 597.3.3 feet to t..e Southerly maw of a 35 foot street THENCE along sacl Southerly margin North i 1°53 East 144.50 feet THENCE North 47 °35' East 70 30 feet, THENCE North 34°1 cy East 122 30 feet, T HE.CE North ?: °30' East 257.85 feet more or less to a point 01 mien cotton of the utherfv nkarg.r of _- id 35 foot street n,th the Easterly margo of an 18 1001 street THENCE cont nu.ng North 29 °30 East along sad Southerly moron 89.50 feet to the True Para of 859:50119 THENCE coninu ng North 29 °30 8351, bang said Southerly margn 155 10 feet: THENCE South 24° East 198 20 feet; THENCE South 73 °19' West 95.30 feet THENCE Northerly rn a straght line to 09 True Point of Beomnmg EXCEPT that portion taken for SJd Avenue South SITUATE rn the County of rang. State cf Washngten RECEIVED DEC 072015 Community nevelopment e0 54 L.- -ZONE 111 50% REDUCED COPY 42 45 FT TITLE INSURANCE LEGA_ Existing: LC,1=2.-ZON E Proposed: RCM -ZONE DE 54 RCM -ZONE Ll,R -ZO N E ORezone Site Boundary Plan Scale: 1/16" = 1' -0" KOVACH 1RCH ITE(rrS 1111 1, ' COLB1'. WEN L'E E1'ERE"IT, WA www kovacharchdectscom Voice 425 259 0009Fa. 425 745 0897 1•u,CWa,.. WA. MIN& A Prope ri i ;none Tau 11 t REGISTERED A'C EC DATE: 12115 Issue kale Isset'�lI! W6 Nc1 950/r4Y915 2/25•15 2 REZONE suss rru 1_ SITEnati A1.0 �umn�>d Attachment B COPYRIGHT © 2015 KOVACH ARCJHTECI S Inc P S (ALL R'G -ITS RESERVED PARKING REQUIREMENTS 18.56.050/Figure 18 -7 — Required Number of Parking Spaces for Automobiles and Bicycles Retail: 2.5 for each 1,000 square feet of usable floor area 1,700/1000 x 2.5 = 4.2514i Office: 3.0 for each 1,000 square feet of usable floor area - 3,200/1000 x 3 = 9.6 (10) Storage: 1 for every 2,000 square feet of usable floor area - 1,400/2000 x1 = .7 (1) 18.56.065 Residential Parking Requirements: 1 StaIV © One Bedroom Unit (4 stalls) Tota Parking Stalls Required = 15 18.56.090 Compact Car Allowance =30% - 18.56.065 Residential Parking Requirements. SIDE 1 StaIV One Bedroom Unit (4 stalls) Recreational Space: 200 sq. ft. per dwelling unit, 1,000 sq. ft. min. (1,000 SF.) Standard Parking Stall: 9' x 19 x 24' Drive Isle Compact Parking Stall 8' x 16 x 25' Dnve Isle 18.56.060 Loading Space Requirements: 1 0 -foot by 30 -foot loading space with 14 foot height clearance Shall not obstruct freedom of traffic movement on streets or a ieys. SACK 18 56.130 Development Standards for B cycle Parking Retail: 1 for each 50 Parking Stalls 2 Min - 4 stalls = 2 Bicycles Office: 1 for each 50 Parking Stalls 2 Mr). - 10 stal s = 2 Bicycles Storage: 1 for each 50 Parking Stalls 2 Mn. - 1 stal s = 2 Bicycles Residential: 1 for each 10 Parking Stalls 2 M'n. - 4 stalls = 2 Bicycles Total Bycycle Sta Is Required 8 Parking For The Handicapped Per TMC 18.56.080 And Federal ADA Code ' 1 Van Parking Stal' Requ red One Van Access ble Spa. :e Provided One Standard Ac. :essib e Space Provided a r ID 111 Th 6'-0 Cr h cgt 1$ 19 2032 22 24 Below Grade Parking Stalls i GSS 50% REDUCED COPY 34 -0 "»¢' � t \ 20 19 1$\ =L6 APA 3KeNp 2$ 2$ 22 29 30 G 22 33 3d 97' 9$ 39 40 \stL1 Public Sorage Units 1,400 SF 0 u 0 d m A Retail Suite 1,700 SF rn 25 45 FT RECEIVED DEC 072015 Community Development 9 Rezone Level P1 Plan Scale: 1 /8" = 1 ' -0" KOWCIt ARC I 1. rEcrs COLDI'. \'ENt'E E \'ERETr, \ \'A 1rrIP WSW 5270 REGISTERED ARC ANDREW - x , A STATE OF WASHINGTON DATA 1212;'15 Issue Dale I Issee'ille WM4 Nal SSE »4 55 2/2545 7 REZONE Su&+rTr- PIFl.011 Pot, SEDURlnuTnm SIII'III Description COPYRIGHT © 2015 KOVACH ARCHITECTS, Inc P S ALL RIGHTS RESERVED) PARKING REQUIREMENTS 18.56.050/Figure 18 -7 - Requ red Number of Parking Spaces for Automobiles and Bicycles Retail: 2.5 for each 1,000 square feet of usable floor area 1,700/1000 x 2.5 = 4.25 (4) Office: 3.0 for each 1,000 square feet of usable floor area - 3,200/1000 x 3 = 9.6 (10) Storage:1 for every 2,000 square feet of usable floor area - 1,400/2000 x1 = .7 (1) 18 56.065 Resident al Parking Requirements =1 StaIV ID One Bedroom Un t 14 stalls) Tota Parking Stal s Requ red = 15 18.56.090 Compact Car Allowance =30% 18.56.065 Residential Parking Requirements =1 StaIV One Bedroom Unit (4 stal s) Recreational Space: 200 sq. ft. per dwelling unit, 1,000 sq. ft. min. (1,000 SF.i Standard Parking Stall: 9' x 19' x 24' Drive Ise Compact Parking Stall 8' x 16' x 25' Drive Is e 18,56.060 Loading Space Requirements: 10 -foot by 30 -foot loading space with 14 foot height clearance Shall not obstruct freedom of traffic movement on streets or alleys. 7/\c iI 50% REDUCED COPY 21 -B fl m 1 ��r.. ___ II — I' I Q CC I X '41 zl' 1 C31: 11 0611 16 Parking Stalls -r t Professional Office Space 3,200 SF • • 25 45 FT RECE1VED DEC 072015 Rezone Level F1 Plan Scale: 1/8" = l'-O' Community Development 4.14 ARCH ITE( "TS COLBYAVENI'E EVE RETI'. WA 01.4 r►�,.•�.. ..r' Cftw, wary IOW". 'CIO -r_ WA 204,116,0 1y Raw Tukwila l 1 5270 REGI -TERED ARC EC ANDREWS K A. -• ATE OF WASHINGTON DATE: 12/1/15 I Issue Ilate r Isseeli(le ,a N„ SnEAMLYSIS 175/15 2 BONE SUBriTTAL FIRMe�I 1. 2 ReERDDRIFRI SIII'I'1 III'11'I'IIII 11111 1 Recreation Space 18.26.080 Basic Development Standards 200 sq. ft. per dwell ng unit, 1,000 sq. ft. m.n. Key , Passive Recreational Area 1;0'70 sq. ft. Recreational Space Provded b g 3 17\cl "_\•1 i 5 111 20'. SECOND R SDE Yap, SETBACK ,o. Sae Type . tandscapno q‘ct 0,T5 i °t 50% REDUCED COPY 45:T -RECEIVED DEC 072015 Community Development 9 Rezone Level F2 Plan Scae: 1 /8" — 1 -0' 41/4114 W ARC} I ITECI'S �4.F. COLBY.-1VENUL EVERETF, WA • - FECAd /1.720 Owonr Way awry. no 11.114W1-, W.. 1140,611411 !IAN! rim Proper!) lie ne fib ila i1 5270 REGISTERED ARC ANDREW S Kt) ACH STATE OF WASHINGTON DATE: 12/1/15 r Issue Ikde 1 Issir'ille 11/344. Nat 9 EANALYSti 24E45 2 REZONE suBrrrw P.! nal MA1 Slay! Ilrsrripl iuo Ev\ci J�� lil 50% REDUCED COPY tirow L e�1�. • • TEIVE D DEC 072015 Community Development 9 Roof Plan Scale: 1 /8" = 1 ' -0" fAik ARCH ITEGI'S COLBY AV'ENG'E EVERETI', WA Or. 1114 .+w� — A T20 F. -r ip.a++• w_ tte^r 720 11J14yh,... , w... .i&. Prorrq Betio le REGISTERED ARC DATA 12/1/15 Issue Isle I Isle Tille WV314 NxI SITEANAOSIS 21515 2 REZCNE 9J 1rCL. 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DATE: 12/1/15 Issue Date / Issue Tide 8346 Nat 9TE MYYYE8 2/2515 2 REZONE 9.6-1-r w_ III'11 IIIII of Q COPYPoG -IT O 2015 KOVACH ARCHITECTS Inc P S (ALL RIGHTS RESERVED) ED) TOP PLATE Benchmark Ele,atr -v 1 TOP OF SUBFLOOR Benchmark Elevation 1TOP OF SUBFLOOR Benchmark Elevation STOP OF SLAB Benchmark Elevat on 50% REDUCED COPY IN URE 6_� NE MN M 11 Rai '111$1 11 !!!►VII®M■— - -1•■— 111 21111 1111:1121111.=“11= e West Elevation Scale: 1 /8" = 1 ' -0" L me ,, emi..Mimmieve.mamemmemmeemem amirvono .1441 rr r rr . r s n r e m. who. rhgromorrformr.• OA I S � e} rM.r �I REM - - — 1 — — — rr r r ri•1 - —�= —� r ®e; ■ �rr� = _ O1' rlRlIfri r.rir ° ri i IMt � � eceer - -- RECEIVED DEC 07 2015 Community Development T3P PLATE •■• Benchmark Elevat on TOP OF SUBFLOOR Benchmark Elevation' TOP OF SUBFLOOR 4' Benchmark Elevation d TOP OF SLAB Benchmark Elevation East Elevation Scale: 1 /8" = 1 ' -0" W ARCH ITEC:TS COL13Y. \VENUE EVERETT, \VA i820 11 a omn kovacharchtects com Voice 425 259 060998 425 745 0897 Gr. Ifa i1 Pare 984opm. Way IIIKito 720 TI-844J4.4.., WA /44011/40 MIA Protteiti Ira n DaTE: 12/2/15 Issue Dale/ Issue Tine 1V344 Nett STEfl42515 12575 2 REZONE 5118MITCAi. Sheet Ilrsrripl ion (Y1 c Issue Ikle / Issue Elie J • r 1-Lthd $4F . PO • ks ‘,4*.;1- • - • •vo.' • '• 4. •• 7 4 Adir, 52ND AVE S & 53RD AVE S CORNER VIEW 0 ARCH ITECTS COLBY AVENUE EVERETI, WA 1}1 ijti• Fiql 16720 Poet Oorrt W.y &Ay 720 TLACIAA-, NAAAN WAWA Tukwila II 1 5270 REGISTERED AC DATE: 1217/15 7V3,1 Ntr.1 grE 2'ZA5 2 REZONE SOS-G2N- RIED 0 7 2015 mrnunity aiopment Persperliir A5.0 Itamon:va Ih'uripI ill11 of RECEIVED DEC 0 7 2015 Community Development VIEW LOOKING NORTH 1 0444 ARC/- IITIi;C: FS COLB1 AVENUE EVE"RETT, RYA Ii4I11.If ladal 0720 R.-root WWy ISW1w nO T1JKWO" W .oa FAT pro ORA Properly Rezone 111 5270 REGISTERED A C C ANDREW :3 Kr Aril STATE OF WASHINGTON DATE: 12/7/15 Issue Pale / Issue Title Il T Nal 9KE ANLALY =JS 7/3515 2 REZONE SUSIIITTAL CORILMIUSAID Shllr(Ih' u i i II ion 1i burble Imr Title 7\C VICINITY MASSING NOW111 AR( 11111 (IS C01.13Y AVENUE EVERETT, WA 011 \F8 12, Ray Abelsoaafr ILL: 242226 1111A Proper') itivone il t IIITE: 12/1111i 122,14 AW01312 =AS 2 1161012 1111JVITPL Ohl tiplion Rebecca Fox From: Jeff Encke <jeff[sencke.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, well 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 C 59 So there it is. Please keep me posted, and thanks again for the outreach and willingness to listen! Jeff Encke 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 at 13536 52 "d Avenue South. A public information meeting is scheduled for on February 1, 2016 between 6 and 7 p.m. in the conference room at Pratej Business Park, located at 13530 53rd 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. Sincerely, Rebecca Fox Senior Plannerl Tukwila Panning and Recycling 1 6300 Southcenter Blvd, Tukwila WA 981881 206.431 -3683 I Rebecca.fox ©tukwirawa.gov M, T, W 8:30 to 5 Tukwila: The City of opportunity, the community of choice. From: Jeff Encke [rnailto:Jeff @encke.org] Sent: Saturday, January 16, 2016 6:02 PM To: Rebecca Fox Cc: Cassandra Hunter Subject: Rezone application at 13536 52nd Ave South (parcel #0003000005) Hi Rebecca, 1 own one of the single- family residential properties directly across the street on 52nd Avenue from this proposed rezone and building project. Is there any way you can send me more information about it prior to the February 1 meeting? Thank you, Jeff Encke 60 2 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.comJ 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 115 -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 Tong -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 1 61 February 04, 2016 Rebecca Fox, Senior Planner City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 -2544 Ray and Jennie Noonan PO 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 Prate] 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, 1354E 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 wail facing our properly. P. 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 fine, we feel the current proposal is too big for the location Thank you for the opportunity to comment. Sincerely, Jennie Noonan Ray Noonan 63 64 65 66 TITLE 18 — ZONING CHAPTER 18.26 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. 711301§16, 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, 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 tittle 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. Produced by the City of Tukwila, City Clerk's Office 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, (umber /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. 50, Warehouse storage andlor 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 522, 2012; Ord. 2287 575, 2010; Ord. 2251 535, 2009; Ord. 2021 §3, 2003; Ord 1986 58, 2001; Ord. 1971 §11, 2007; Ord. 1830,§17, 1993; Ord, 1874 §2, 7997• Ord. 1758 57 (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 §6 2002; Ord, 1976 549 2001: Ord. 175851 (part), 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 focal regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. Page 18-64 Produced by the City of Tukwila, City Clerk's Office 68 TITLE 18 — ZONING 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 523 2012; Ord. 2287516, 2070; Ord. 2251 537, 2009; Ord. 2735 517, 2005; Ord, 1974 54, 2001; Ord 7865 532, 1999; Ord, 7830. §18, 7998,• Ord, 775851 (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 514, 2005; Ord. 199153, 2002; Ord. 7975 548, 2001; Ord. 1865 533, 1999; Ord. 1758 S1(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 21.08) (Ord. 1758 51(part), 1995) 1826.070 Design Review Design review is required for all projects located within the shoreline jurisdiction that involve new building constructiontor 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 aifd 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 18.60, Board of Architectural Review.) (Ord.. 2358 52.4, 2012; Ord. 200558, 2002; Ord. 1758 51 (part), 7995) Produced by the City of Tukwila, City Clerk's Office Page 18-65 69 TUKWILA MUNICIPAL CODE 18.26.080 Basic Development Standards Development within the Regional Commercial Mixed Use District shall conform to the following fisted and referenced standards: RCM BASIC DEVELOPMENT STANDARDS Lot area per unit (multi- family, except senior citizen housing), minimum 3,000 sq. ft, Setbacks to yards, minimum: • Front 20 feet • Second front 10 feet • Sides 10 feet Sides, if any portion oftheyard is within 59 feet ofLDR, MDR, HDR - 1st floor 10 feet - 2nd floor 20 feet - 3rd floor 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of MDR, HDR - 1st /lo or 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 is within 50 feet of LDR, MDR, HDR 10 feet • Rear None • Rear, if any portion of the yard is within 50 feet of LDR, MDR HDR 10 feet Recreation space 200 sq. ft. per dwelling unit, 1,000 sq. ft. min. Recreation space, senior citizen housing 100 sq, ft. per dwelling unit Off street parking Residential (except senior citizen housing) See TMC Chapter 18.56, Off street Parking & Loading 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 citizen housing See TMC Chapter 15.56, 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 5.22, "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. (Ord, 1976 §47, 2001; Ord. 1872 §6, 1999; Ord. 7830 §19, 1998,' Ord. 1758 §1(parr), 1995) Page 18 -66 70 Produced by the City of Tukwila, City Clerk's Office