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Permit L09-064 - WOODEN III LLC - COMPREHENSIVE PLAN AMENDMENT
WOODEN LLC Frank Firmani Comprehensive Plan amendment, Rezone COMPREHENSIVE LAND USE PLAN L09 -064 • • October 11, 2010 NOTICE OF DECISION TO: Josh Johns, Applicant Frank Firmani, Owner King County Assessor, Accounting Division Washington State Department of Ecology All Parties of Record This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L09 -064, L09 -065 Applicant: Josh Johns, for Wooden LLC Type of Permit Applied for: Comprehensive Plan amendment, Rezone Zoning Code Amendment COMPREHENSIVE LAND USE PLAN AMENDMENT Project Description: Amend Comprehensive Plan designation on two lots, including 1) from Manufacturing/Industrial Center -Light (MIC -L) to Office (Tax #1023049072); and 2) Low Density Residential (LDR) to Office (0) (Tax #3351400005) Location: Associated Files: 3912 and 3914 S. 115th St., Tukwila, WA 98188 E10 -013 SEPA determination Comprehensive Plan Designation/Zoning District: MIC/L -- Manufacturing Industrial Center/Heavy Industrial (Former designation) LDR —Low Density Residential (Former designation) 0 Office (New designation) Type 5 Permit Decision by City Council rf Page 1 of 2 H: \COMP PLAN 2009 -2010 \Notice of Decision \WOODEN.LLC. - -NOD Type 5 permit.doc 10/11/2010 II. DECISION SEPA Determination: The City SEPA Responsible Official has previously determined that the project, as proposed, does not create a probable significant environmental impact and issued a Determination of Non - Significance (DNS). Decision on Substantive Permit: The City Council has determined, following an open record hearing, that the application for a rezone and Comprehensive Plan map change from Manufacturing/Industrial Center —Light (MIC/L) and Low Density Residential (LDR) at 3912 and 3914 S. 1156, Tukwila, WA does comply with applicable City and state code requirements . and has approved that application based on the findings and conclusions contained in the staff report, subject to any conditions which are set forth in the Decision. The Decision on this Application is a Type 5 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. III. YOUR APPEAL RIGHTS No administrative appeal of the City Council Decision is permitted. Any party wishing to challenge the City Council Decision must file an appeal in King County Superior Court pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the City Council decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. IV. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Rebecca Fox, who may be contacted at 206 - 431 -3683 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. r1 Department of Community 1 velopment City of Tukwila Type 5 Permit Decision by City Council rf Page 2 of 2 H: \COMP PLAN 2009- 2010\Notice of Decision \WOODEN.LLC. - -NOD Type 5 permit.doc 10/11/2010 et* ~l Department Of Community 5 ulIwiea I. Development - AFFIDAVIT OF DISTRIBUTION I, _Teri Svedahl HEREBY DECLARE THAT: X Notice of Decision Determination of Non - Significance Notice of Public Meeting Project Number: L09 -064, L09 -065 Mitigated Determination of Non - Significance Rebegc,„Fox Board of Adjustment. Agenda Packet Determination of Significance & Scoping Notice ; ` f; ' ,; Board of Appeals Agenda Packet /(___. Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle. Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed/attached on this 12 day of October in the year 2010 / W: \USERS \TERIWFFIDAVIT OF DISTRIBUTION.DOC Project Name: Wooden LLC, Comp Plan amendment, rezone Project Number: L09 -064, L09 -065 Mailing requested by: Rebegc,„Fox Mailer's signature: ; ` f; ' ,; Y / 1/1 /(___. / W: \USERS \TERIWFFIDAVIT OF DISTRIBUTION.DOC N Frank Firmani, 2400 NW 80th Street, -= Seattle (c I • Eric Cobb, 3218 E. Columbia Street, Seattle -( ▪ Josh Johns, 911 Western Avenue, Seattle, (("!''0 / \ David Shumate, 11534 East Marginal Way South .7-2/A, rJ �• Shawn Albert, 4023 South 114th Street ' TJl (' iy C9( Laurie Shumate, 11534 East Marginal Way South /v/r, (,1 �✓ J/ Patty Cokus, 4023 S. 114th St., Tukwila �; %/61.; U /!P N. Cheryl Woodruff, 4111 S. 113th St., Tukwila, WA 98168 N. Cathie Desjardin - 3826 S. 160th St. 98168 Tuk • Denise Meyers - 11412 40th Ave. S. 98168 Tuk "`- Mark Lend - 11412 40th Ave. S. 98168 Tuk Georgina Kerr - 3836 S. 116th St. 98168 Tuk WA DEPT OF ECOLOGY SEPA REVIEW SECTION PO BOX .47703 OLYMPIA, WA 98504 -7703 K.C. ASSESSOR'S OFFICE ACCOUNTING DIVISION 500 4TH AVE — RM 709A SEATTLE, WA 98104 H: \COMP PLAN 2009- 2010\Notice of Decision\ Wooden.LLC.Parties.of.record.doc AGENCY LABELS • ( ) US Corps of Engineers ( ) Federal HWY Admin ( ) Federal Transit Admin, Region 10 ( ) Dept of Fish & Wildlife Section 1 FEDE CIES_ -( *JS Environmental Protection Agency (E.P.A.) ( ) US Dept of HUD ( ) National Marine Fisheries Service Section 2 WASHINGTON STATE AGENCIES ( ) Dept of Social & Health Services Dept of Ecology NW Regional Office, Shoreland Division • Dept of Ecology, SEPA ( ) office of Attorney General ( ) Office of Hearing Examiner ( ) Office of Archaeology ( ) Transportation Department (WSDOT NW) ( ) Dept of Natural Resources ( ) Office of the Governor ( ) WA State Community Development ( ) WA Fisheries & Wildlife () ( ) KC Boundary Review Board ( ) Fire District # 11 ( ) Fire District # 2 ( ) KC Wastewater Treatment Div ( ) KC Dept of Parks & Recreation KC Assessor's Office Section 3 KING COUNTY AGENCIES ( ) Health Department ( ) Port of Seattle ( ) KC Dev & Enviro Services -SEPA Info Center ( ) KC Metro Transit Div -SEPA Official, Environmental Planning ( ) KC Dept of Natural Resources ( ) KC Dept of Natural Resources, Andy Levesque ( ) Tukwila School District ( ) Tukwila Library ( ) Renton Library ( ) Kent Library . ( ) Seattle Library Section 4 SCHOOLS /LIBRARIES ( ) Foster Library ( ) KC Public Library System ( ) Highline School District ( ) Seattle School District ( ) Renton School District ( ) Westfield Mall Library ( ) QWEST Communications ( ) Seattle City Light ( ) Puget Sound Energy ( ) Highline Water District ( ) Seattle Planning &Dev/Water Dept ( ) Comcast Section 5 UTILITIES ( ) BP Olympic Pipeline ( ) Val -Vue Sewer District ( ) Water District # 20 ( ) Water District # 125 ( ) City of Renton Public Works ( ) Bryn Mawr - Lakeridge Sewer /Water Dist ( ) Seattle Public Utilities ( ) Allied Waste Services ( ) Tukwila City Departments ( ) Public Works ( ) Fire ( ) Police ( ) Finance ( ) Planning ( ) Building ( ) Parks & Rec ( ) Mayor ( ) City Clerk Section 6 CITY AGENCIES ( ) Kent Planning Dept ( ) Renton Planning Dept ( ) City of SeaTac ( ) City of Burien ( ) City of Seattle ( ) Strategic Planning *Notice of all Seattle Related Projects ( ) Puget Sound Regional Council ( ) SW KC Chamber of Commerce ( ) Muckleshoot Indian Tribe * ( ) Cultural Resources ( ) Fisheries Program ( ) Wildlife Program ( ) Duwamish Indian Tribe * Section 7 OTHER LOCAL AGENCIES ( ) Puget Sound Clean Air Agency ( ) Sound Transit/SEPA ( ) Duwamish River Clean Up Coalition * ( ) Washington Environmental Council ( ) People for Puget Sound * ( ) Futurewise * send notice of all applications on Green /Duwamish River ( ) Seattle Times ( ) South County Journal Section 8 MEDIA ( ) Highline Times ( ) City of Tukwila Website P:Admin \Admin Forms \Agency Checklist CONFORMED COPY When Recorded, Return to: Hillis Clark Martin & Peterson P.S. Attn: Melody B. McCutcheon 1221 Second Avenue, Suite 500 Seattle, WA 98101 20101221000870 HCMP QCD 64.00 PAGE -001 OF 003 12/21/2010 13:24 E2471588 12/21/2010 13:24 TAX $10.00 SALE $0.00 PAGE -001 OF 001 QUITCLAIM DEED Grantor: WOODEN III LLC Grantee: CITY OF TUKWILA Legal Description (abbreviated): Portion of Gov't Lot 2, S. 10, T. 23 N., R.4 E., W.M., King County, WA Complete legal on EXHIBIT A Assessor's Tax Parcel Identification No(s): 1023049063 Reference No. of Related Documents: N/A Grantor, WOODEN III LLC, a Washington limited liability company, for and in consideration of a real estate excise tax- exempt transfer to a governmental entity for a public purpose pursuant to WAC 458 -61A- 205(4), conveys and quitclaims to the CITY OF TUICWILA, a Washington municipal corporation, that certain real property situated in King County, Washington and legally described on the attached EXHIBIT A. DATED this • day of December, 2010. Quitclaim Deed Page 1 ND: 20175.002 4816 - 6763- 0855v1 STATE OF WASHINGTON ss. COUNTY OF KING GRANTOR: WOODEN III LLC ame:(e A ,2NIrl 1 Title: /`'lam- J(1 IS On this day personally appeared before me F Vim'"^"-"` , to me known to be the of Wooden III LLC, the Washington limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such company, for the uses and purposes therein mentioned, and on oath stated that he /she was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 3 day of - - ' , 2010. VICTORIA J. HADLEY NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JANUARY 9, 2015 Printed Name Y 1 cro a 1 A J. 14A D LC y NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires - q - 15 Quitclaim Deed ND: 20175.002 4816- 6763- 0855v1 Page 2 • • EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF GOVERNMENT LOT 2, SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 IN BLOCK 20 OF C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 3, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 86 IN KING COUNTY, WASHINGTON; THENCE NORTH 86 °15'00" WEST, 100 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOT 1 TO THE SOUTH LINE OF GOVERNMENT LOT 2; THENCE EASTERLY ALONG SAID SOUTH LINE TO A POINT SOUTH OF THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH TO THE POINT OF BEGINNING; EXCEPT THAT PORTION FOR SOUTH 115TH STREET; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Quitclaim Deed Exhibit A ND: 20175.002 4816 - 6763- 0855v1 / fJeparinuml n( f revenue • REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458 -61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (Sec buck of lost page for instructions) ❑Check box if parrot sale ofprepeny _ If multiple owner list perccntagc of ownershjext to name. Street address of property: S 115TH ST 98168, S10 T23 R04, King County, Washington This property is located in King County ❑ Check box if any o(the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) SEE ATTACHED EXHIBIT A Select Land Use Code(s): 191 - Undevalapad land (land only) enter any additional codes: (See back of last page for instructions) Is this property exempt from property tax per chapter 8436 RCW (nonprofit organization)? Is this property designated as forest land per chapter 8433 RCW? Is this property classified as current use (open dace, farm and agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property per chapter 84.26 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue Ole current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will Indicate by signing below. lithe Land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land ❑ does ❑ does not qualify for continuance. YES NO ❑ 0 YES NO ❑ ❑ ❑ 0 r)F.PI ITY ASSFCSfn tarn. CONFORMED COPY E2471588 12/21/2010 13:24 TAX SALE $$0.00 PAGE -001 OF 001 I CERTIFY UNDER PENALTY 011 Signature of Grantor or Grantor's Agen List all personal property (tangible and intangible) included in selling price. N/A If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section /Subsection) 456.61A- 205(4) Reason for exemption Trannfnr In gnvprnmpnlnl nnlily Mr n nuhlln nnrpnne Type of Document Date of Document Qoirr,la(rn Deed D.e.cer her '3I 2 ' I 0 Gross Selling Price $ •Personal Ptoperly (deduct) S. Exemption Claimed (deduct) $ Taxable Selling Price $ Excise Tax : State $ Local $ •Delinquent Interest: State $ Local $ •Delinquent Penalty $ Subtotal $ •Stale Technology Fee $ *Affidavit Processing Fcc $ Total Due $ 0.0050 0 00 0 00 0.00 0.00 0.00 5.00 5.00 10.00 A MINIMUM 011310.00 IS DUE IN FEE(5) AND /OR TAX •SEE INSTRUCTIONS RJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Grantee or Grantee's Agent (J Name (print) She k) i1 R w Yl `�.ja Date & city of signing: 1/ /0 / u)�W I C,, �/4 Name (print) �l`F j!' A- 'n--( N(4ly 1 Date & city of signing: .b r 2_O / Cl Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for n maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than (Inc thousand dollars (55,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). REV 84 000Iae (10/7/10) THIS SPACE - TREASURER'S USE ONLY TAXPAYER Name WOODEN III LLC, a Washington limited liability company Name CITY OF TUKWILA, a Washington municipal corporation Mailing Address P.O. Box 80246 Mailing Address 6200 Soulhcenter Boulevard City/State/Zip Seattle, WA 98108 City/State/Zip Tukwila, WA 98188 Phone No. (including area code) Phone Na. (including arca code) , ' .. ...,. Name Mailing City/Slate/Zip Phone Send all property tax correspondence to: 0 Same as Buyer /Grantee CITY OF TUKWILA List all real and personal property lox parcel account numbers — check box if personal property 1023049063 n List assessed value(s) Address 6200 Soulhconler Boulevard n Tukwila, WA 98188 n No (including arca code) n Street address of property: S 115TH ST 98168, S10 T23 R04, King County, Washington This property is located in King County ❑ Check box if any o(the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) SEE ATTACHED EXHIBIT A Select Land Use Code(s): 191 - Undevalapad land (land only) enter any additional codes: (See back of last page for instructions) Is this property exempt from property tax per chapter 8436 RCW (nonprofit organization)? Is this property designated as forest land per chapter 8433 RCW? Is this property classified as current use (open dace, farm and agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property per chapter 84.26 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue Ole current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will Indicate by signing below. lithe Land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land ❑ does ❑ does not qualify for continuance. YES NO ❑ 0 YES NO ❑ ❑ ❑ 0 r)F.PI ITY ASSFCSfn tarn. CONFORMED COPY E2471588 12/21/2010 13:24 TAX SALE $$0.00 PAGE -001 OF 001 I CERTIFY UNDER PENALTY 011 Signature of Grantor or Grantor's Agen List all personal property (tangible and intangible) included in selling price. N/A If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section /Subsection) 456.61A- 205(4) Reason for exemption Trannfnr In gnvprnmpnlnl nnlily Mr n nuhlln nnrpnne Type of Document Date of Document Qoirr,la(rn Deed D.e.cer her '3I 2 ' I 0 Gross Selling Price $ •Personal Ptoperly (deduct) S. Exemption Claimed (deduct) $ Taxable Selling Price $ Excise Tax : State $ Local $ •Delinquent Interest: State $ Local $ •Delinquent Penalty $ Subtotal $ •Stale Technology Fee $ *Affidavit Processing Fcc $ Total Due $ 0.0050 0 00 0 00 0.00 0.00 0.00 5.00 5.00 10.00 A MINIMUM 011310.00 IS DUE IN FEE(5) AND /OR TAX •SEE INSTRUCTIONS RJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Grantee or Grantee's Agent (J Name (print) She k) i1 R w Yl `�.ja Date & city of signing: 1/ /0 / u)�W I C,, �/4 Name (print) �l`F j!' A- 'n--( N(4ly 1 Date & city of signing: .b r 2_O / Cl Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for n maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than (Inc thousand dollars (55,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). REV 84 000Iae (10/7/10) THIS SPACE - TREASURER'S USE ONLY TAXPAYER • • EXHIBIT A to REAL ESTATE EXCISE TAX AFFIDAVIT LEGAL DESCRIPTION THAT PORTION OF GOVERNMENT LOT 2, SECTION 10, TOWNSHIP 23 NORTH, RANGE. 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 IN BLOCK 20 OF C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 3, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 86 IN KING COUNTY, WASHINGTON; THENCE NORTH 86 °15'00 ". WEST, 100 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOT 1 TO THE SOUTH LINE OF GOVERNMENT LOT 2; THENCE EASTERLY ALONG SAID SOUTH LINE TO A POINT SOUTH OF THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH TO THE POINT OF BEGINNING; EXCEPT THAT PORTION FOR SOUTH 115TH STREET; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Exhibit A to Real Estate Excise Tax Affidavit page 1 ND: 20175.002 4842 - 6648- 5768v1 • Gity of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director October 7, 2010 Mr. Firmani WOODEN III LLC PO BOX 80246 Seattle, WA 98108 Re: Comp Plan Rezone Permit L09 -064 Dear Mr. Firmani; We received your replacement check today for the balance owing on the above referenced permit. However, the check was written for $75.00 and the balance is actually only $70.00. The City typically does not accept incorrect payments which generate a refund. Considering this is holding up the issuance of your permit the finance director has agreed to accept the payment and a refund check in the amount of $5.00 will be sent to you. It may take a few weeks for your paperwork to be processed for the refund to be issued. Enclosed are copies for your files. Please don't hesitate to call me if you have any questions. Sincerely, Teri Svedahl City of Tukwila, Administrative Support Technician 206.431.3670 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • City of Tukwila Jim Haggerton, Mayor Department of Community Development � Jack Pace, Director 1611 letVW a/M000 -1 September 27, 2010 Mr. Firmani WOODEN III LLC PO Box 80246 Seattle, WA 98108 Re: Comp Plan Amendment Permit L09 -064 Dear Mr. Firmani: off' ( Prz) Gba v\e(AA.4,_ (tt 7"4A-/Le 4 d QAkiCk \, 1 v\ VIV04:0Ck The City thanks you for your prompt response and payment for the final public mailing notice required for your permit. However, the check is written in the incorrect amount and we are not able to accept it. Payment owing is $70.00 Payment received is $75.00 We apologize for the inconvenience and will process the payment as soon as the correct amount is received. Enclosed is the check we received and original notice. Sincere Teri Sved"hl Administrative Support Technician W:\Admin \CITY SEALS & LETTERHEAD \Letterhead.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite # 100 Tukwila, Washington 98188 Phone: 206 - 431 -3670 Fax: 206 -431 -3665 Web site: http://www.atukwila.wa.us Parcel No.: 1023049072 Address: 3912 S 115 ST TUKW Suite No: Tenant: WOODEN III LLC PERMIT COMMENTS Permit Number: L09 -064 Status: PENDING Applied Date: 12/23/2009 Issue Date: 1: 4/29/10 PER MEETING WITH MIKE CUSICK SUBJECT PROPERTIES ARE ON TUKWILA WATER HOWEVER THERE IS NO SEWER IN FRONT OF THE SUBJECT PROPERTIES. APPLICANT SHALL CONTACT VALLEY VIEW SEWER DISTRICT @ 206 242 -3236 TO OBTAIN APPROVAL FOR REZONE /FUTURE OFFICE DEVELOPMENT TO ASSURE THAT SEWER SERVICE WILL BE AVAILABLE. PW COMMENTS FORWARDED TO PLANNING. JJS. 2: 09/23/10 SENT FINAL BILLING INVOICE FOR $70.00 FOR PUBLIC MAILING. SENT TO BOTH WOODEN PO BOX AND FIRMANI STREET ADDRESS. THIS FOR FINAL FEES OWING TO HAVE'PERMIT ISSUED. TLS 09/27/10 RCVD PAYMENT FOR FINAL PUBLIC MAILING BUT THE CHECK WAS WRITTEN FOR THE INCORRECT AMOUN1 RETURNED CHECK ( #120) TO MR. FIRMANI WITH MEMO CLARIFYING THE FEE OWED IS $70.00, NOT $75.00. TLS , 10/07/10 RCVD REPLACEMENT CHECK BUT IT WAS STILL INCORRECT. BALANCE IS $70.00 AND CHECK WAS WRITTEN FOR $75.00. POSTED $70.00 TO THE FEES SO THAT NOTICE OF DECISION CAN BE COMPLETED. COPY OF CHECK WILL BE GIVEN TO DIANE IN FINANCE FOR A $5.00 REFUND TO BE ISSUED PER SHAWN HUNSTOCK. TLS doc: Comments L09 -064 Printed: 10 -07 -2010 • • STATE OF WASHINGTON DEPARTMENT OF COM TFRCE • 128 - 10' Avenue SW • POB ox: 42525 • Olympia, Washington 98504 -2525 • (360 725 -4000 September 29, 2010 Rebecca Fox Senior Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Ms. Fox: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Adopted Ordinances 2308, 2309, 2310, 2311, and 2312. These materials were received on September 21, 2010 and processed with the Material ID # 16144. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please call me at 360.725.3056. Sincerely, Wye i Ike Nwankwo Technical & Financial Assistance Manager Growth Management Services September 23, 2010 WOODEN III LLC PO Box 80246 Seattle WA 98108 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director RE: Comp Plan Amendment Permit L09 -064 Dear Mr. Firmani: We are ready to issue the decision on your land use permit, however there is a balance due of $70.00 that must be paid prior to issuance. This amount is based on the hourly land use fee schedule adopted by Resolution Number 1718, the amount of time spent on reviewing your application and costs for any required public notice mailings. The amount owing is for the final public mailing required for your permit. This amount needs to be paid before the city can issue your Notice of Decision. The payment may be paid by cash, check or credit card. The city will accept credit card payments by phone. If paying by check please send the check made out to City of Tukwila. If no payment is received within 15 days of this notice your permit application may be cancelled. If you have any questions, please feel free to contact me at 206 431 3670. Sincerely, Teri Svedahl Administrative Support Technician MD Final_Hourly bill payment letter.doc Page 1 of 1 09/22/2010 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 - 431 -3670 • Fax: 206 - 431 -3665 1 r1 Vt ILA.---Nu, r'CEIVED , . P1�2 ?ukwila ® C u � cl Agenda • MEETING 14. f 4 EV0'+Oi Vagg erton, Mayor Councilmembers: •o• Joe Duffle 4 Joan Hernandez Steve Lancaster, City Administrator ❖ Allan Ekberg + Verna Seal Dennis Robertson, Council President • Kathy Hougardy • De'Sean Quinn 2 906 Monday, September 20, 2010; 7:00 PM ® Ord #2307 ® Res #1724 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATIONS ,a. Award of Recognition for Tukwila Walk and Roll Plan - Richard Hart, City of Covington, on behalf of the Planning Association of Washington b. Employee Recognition Awards - Steve Lancaster, City Administrator c. Introduction of Brent Frank, Entry Level Police Officer - David Haynes, Police Chief d. Presentation of Proposed Budget Format - Shawn Hunstock, Finance Director 3. PROCLAMATION A proclamation declaring September 25, 2010 as "Mayor's Day of Pg.1 Concern for the Hungry." 4. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT AGENDA a. Approval of Minutes: 9/7/10 (Regular Mtg.) b. Approval of Vouchers. 6. UNFINISHED BUSINESS a. A resolution relating to the preservation, protection and use of the former Pg.3 Tukwila Grade School/Tukwila City Hall building for heritage and culture to provide community service, strengthen City tourism and foster civic pride. b. Authorize the Mayor to sign the real estate purchase and sale agreement Pg.15 with the King County Flood Control Zone District and Lily Pointe Investments, LLC for the interest portion of easement acquisition, in an amount not to exceed $75,000.00. c. An ordinance renewing a moratorium on the filing of applications for Pg.17 development permits for food or drink establishments conducting social card game gambling activities. d. Comprehensive Plan amendments: Pg.21 (1) An ordinance amending the Comprehensive Land Use Map for property Pg.23 located at 3914 South 115th Street from Low Density Residential (LDR) to Office (0) and adjacent tax parcel #1023049072 from Manufacturing Industrial Center /Light (MIC /L) to Office (0). (2) An ordinance rezoning certain real property located at 3914 South Pg.33 8 "' - - - from QIN- Density Residential (LDR) to Office (0) and adjacent tax parcel # 49 72 from Manufacturing Industrial Center /Light (MIC /L) to Office). (continued...) croLvo REGULAR MEETING Monday, September 20, 2010 Page 2 6. UNFINISHED BUSINESS (continued) Comprehensive Plan amendments (continued) (3) An ordinance amending the Comprehensive Land Use Map for certain real property located at 4300 South 133rd Street from Commercial Light Industrial (CLI) to Medium Density. Residential (MDR). (4) An ordinance rezoning certain real property located at 4300 South 133rd Street from Commercial Light Industrial (CLI) to Medium Density Residential (MDR). (5) An ordinance establishing zoning that is consistent with existing Comprehensive Plan designations for 259 acres of real property referred to as the Tukwila South annexation area. e. A resolution authorizing the cancellation of outstanding General Fund claims and payroll checks, Municipal Court checks, and Foster Golf gift cards. f. Discussion of Community Events. Pg.43 Pg.51 Pg.59 Pg.81 Pg.89 7. NEW BUSINESS 8. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433- 1800/TDD 206 - 248 - 2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. • • HOW TO TESTIFY • If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one- year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during Citizen Comment. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel. matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. City of Tukwila Washington Ordinance No. 0 F AN ORDINANCE- OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 3914 S. 115Th STREET, TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO OFFICE (0), AND ADJACENT TAX PARCEL #1023049072 FROM MANUFACTURING INDUSTRIAL CENTER/LIGHT (MIC/L) TO OFFICE (0); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Comprehensive Plan amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended denial of the application to amend the Comprehensive Land Use Map designation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, office use will benefit the area with fewer potential negative impacts than industrial activity and will provide opportunities for economic activity; and WHEREAS, on September 13, 2010, the City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions as outlined in the staff report and has determined the public interest will be best served by approving the application to amend the Comprehensive Land Use Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the staff report, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Re- designation Approved. The property located at 3914 S. 115th Street, including Tax Parcel #3351400005, and the adjacent property Tax Parcel #1023049072 and described in the attached Exhibit 2, are hereby approved to be re- designated from W \Word Processing \ Ordinance \ Comp Plan Wooden LLC.doc RF:mrh 09/14/2010 Page 1 of 2 • • Low Density Residential (LDR) to Office (0), and from Manufacturing Industrial Center /Light (MIC /L) to Office (0), respectively, subject to the following conditions: 1. All conditions of the following rezone must be met including: a. Contractor storage operations shall not be allowed on Tax Parcel #3351400005, and shall be completely removed prior to the effective date of this rezone. b. The contractor storage yard on Tax Parcel #1023049072 shall meet all legal requirements, and shall cease all operation no later than two years (730 days) after the effective date of the rezone. c. In the event that all operations of the contractor storage yard are not terminated by the deadline above, the rezone shall be voided. Office zoning shall revert to Manufacturing Industrial Center /Light (Tax Parcel # 1023049072) and Low Density Residential (Tax Parcel #3351400005) without further legislative action. d. Applicant agrees that Tax Parcel #1023049063 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date of the rezone, since the applicant has offered to donate the property, and its donation is in the interest of improving the Duwamish Heritage Preserve and for integration into the City of Tukwila's riverbank restoration program and pedestrian trail development. The dedication of this parcel shall survive any reversion of zoning, by virtue of non - compliance with the terms of this agreement. 2. In the event the rezone is voided, the Comprehensive Plan amendment shall also be voided. Office designation shall revert to Manufacturing Industrial Center /Light (Tax Parcel # 1023049072) and Low Density Residential (Tax Parcel # 3351400005) without further legislative action. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show this change in designation. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this . C) day of c2ptf'm 2 , 2010. ATTEST/ AUTHENTICATED: CJ DF Christy O'Flaherty, CMC, City lerk APPRO • 'A ORM BY: Offi the City t orney Filed with the City Clerk: CI - f 5- / 0 Passed by the City Council: q -a0 /O Published: Effective Date: o �l c' -i0 Ordinance Number: Attachments: Exhibit 1 - Staff Report Findings and Conclusions, (File #L09 -064 & #L09 -065), July 22, 2010 Exhibit 2 - Legal Description Exhibit 3 - Comprehensive Plan Map W \Word Processing \Ordinance \Comp Plan Wooden LLC.doc RF:mrh 09 /14/2010 Page 2 of 2 EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File # L09 -065 and L09 -065) July 22, 2010 Manufacturing/Industrial Center —Light and Low Density Residential to Office at 3912 and 3914 S. 115th Street FINDINGS Background and Project Description The applicant Wooden LLC seeks to amend the Comprehensive Plan and zoning designation on two lots located southeast of the Duwamish Riverbend Hill Park, generally located at 3914 S. 115th Street, Tukwila, WA. Parcel 1, currently zoned MIC -L, is immediately adjacent to Duwamish Riverbend Hill Park. It was envisioned as part of the Park in the 2007 Duwamish Riverbend Hill Park. The property is now serving as storage for construction equipment, a permitted use in the current MIC /L zone. The second lot, Parcel 3, is located at the western edge of the residential neighborhood, and is zoned Low Density Residential. It is now vacant, but at one time it contained a single- family house. The applicant is requesting to rezone both properties to Office (0), with the wish to create a development opportunity that will "both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use." The goal is to construct an office building. No specific project information has been provided. Any project is subject to development review under the Office zoning. Design review and SEPA/environmental review would take place when a project is proposed. The applicant has offered to donate a third small property, Parcel 2, to the City of Tukwila for the purposes of shoreline and riverbank enhancement and trail development if the proposed Office rezone is approved. The lot is located adjacent to the Duwamish River and lies across S. 115th Street from the properties that are requesting Comprehensive Plan amendment/rezone. This proposed donation is not a factor in considering whether to approve the requested map change, but would be a positive acquisition for the shoreline. In light of poor economy, the ongoing storage lease, and the time required to start site development for a future office use, the applicant has requested that he be allowed to continue use of the construction storage yard for two years after the Comprehensive Plan amendment and rezone are approved. The storage yard, now operating as a permitted use on Parcel 1 under the current MIC /L zoning, would become a non - conforming use if the rezone to Office is approved. During the two -year period, the applicant will prepare to redevelop of the site, while operating the construction storage lot. W \ Word Processing \Ordinance \Comp Plan Wooden LLC.doc RF:mrh 09/14/2010 Page 1 of 7 • • If the City of Tukwila feels that this request is appropriate, it could be enacted through a contract rezone. The contract rezone would also be referenced in the Comprehensive Plan recommendation. In this case, the applicant would be required to cease storage yard operations in a set time period after the rezone becomes effective, and to donate Parcel 2, located along the Duwamish River, to the City for public use. If the storage yard did not cease operations by the deadline, the rezone would become void and zoning would revert to the previous MIC /L and LDR. The small waterfront property would remain in City ownership for public use. These conditions would serve to protect both community and City interests. The Community Affairs and Parks Committee were briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. Vicinity /Site Information Site: The two lots are located 3912 and 3914 S. 115th Street. Lot #1 (current M /IC -L) is approximately square in shape and fronts on S. 115th Street. A small portion of the northernmost part the property is Type 3 slope, with "high landslide potential, and slopes between 15% and 40% underlain with relatively impermeable soils or by bedrock. Lot #3 (current LDR) is rectangular in shape, and also fronts on S. 115th Street. Approximately one -half of the property contains Type 3 slopes. The two lots total approximately 15, 633 S.F. or .36 acres. Vicinity: The immediate neighborhood is a mixture of single - family residential uses, and commercial/industrial activity. Single - family residential uses are immediately adjacent to the north and east along 40th Avenue South and S. 113th and 114th Streets South as well as across the Duwamish River. Topography provides a break between the subject property and the existing single - family residential. Industrial uses commonly associated with the MIC /L, including truck sales and service, United Parcel Service shipping, air freight, and construction storage are located along E. Marginal Way to the west. The light rail track runs along E. Marginal Way South, approximately one -tenth mile away. The Burlington Northern train yard is approximately 1/4 mile east in an MIC/H zone. Fire Station #53 is located at 4202 S. 115th Street in the Residential Commercial Center (RCC) zone approximately one -tenth mile southeast. A wedding store /office is located adjacent south in a High Density Residential (HDR) zone. The most visible feature is Duwamish Riverbend Hill Park, immediately adjacent to Parcel 1. Like Parcel 1, the Park is zoned MIC/L. Owned by the City of Tukwila, it is an established park and is used for cultural and recreational purposes, rather than industrial activity. It has been designated as Public Recreation Overlay (PRO). This overlay placed on parks and trails, such as the Foster Links, or Centennial Park, supplements a property's underlying zoning and ensures that the park or trail property will be used exclusively for recreational purposes. W \Word Processing \Ordinance \Comp Plan Wooden LLC.doc RF:mrh 09/14/2010 Page 2 of 7 • • A pedestrian/bicycle trail, accessible by a foot bridge approximately four – tenths of a mile south, runs on the western side of the Duwamish River. Duwamish Park is approximately three- tenths of a mile away, and the Tukwila Community Center is one mile south COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? Aspects of the requested change designation are addressed in several goals and policies. Four broad - reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. Tukwila Comprehensive Plan Objective #1 is "To improve and sustain residential neighborhood quality and livability. " Redesignating the existing MIC /L property to Office provides a better transition between Duwamish Riverbend Hill Park on the west, and the residential uses to the immediate east. The potential impacts of development allowed in the current MIC /L (i.e. gas station, auto repair, contractor storage, etc.) are likely to be more negative to residential quality, than the uses (such as office, gallery, etc.) allowed under the proposed Office zone. The rezone to Office eliminates one LDR residential lot, and the possibility of future housing development. Goal 7.2 Noise Abatement Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. Uses allowed under the Office designation may have less impact on the neighborhood, including the adjacent Duwamish Riverbend Hill Park and single - family homes, than those in the current MIC /L designation. Converting Parcel 3, a residentially -zoned lot, to Office places a commercial use adjacent and in the vicinity of other property that is now zoned or used for single - family homes. The subject lot and its adjacent residential lot are vacant. Existing residential uses are located farther up the hill on 40th Avenue South, and are separated from the site by sloping topography. New development would access along S. 115th Street, avoiding the residential neighborhood. Goal 7.3 Overall Land Use Pattern —A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible use. The existing MIC /L is an abrupt transition to a use that is potentially incompatible with the adjacent residential uses, as well as the existing park. An office use may provide a more gradual transition with fewer potential impacts. W \Word Processing \Ordinance \Comp Plan Wooden LLC.doc RF:mrh 09 /14/2010 Page 3 of 7 • • Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. The proposed Comprehensive Plan change Office would eliminate one residential lot, but would also avoid the potentially negative impacts of an automotive repair shop or manufacturing business adjacent to residential, setting clear boundaries between the residential neighborhood and the adjacent Park. Policy 11.1.6 — Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. Parcel 1 is zoned MIC /L, but there are no industrial uses in the immediate vicinity. The Duwamish Riverbend Hill Park, although now zoned MIC/L, will remain in recreational use as a park, and will not be developed for industrial purposes. The majority of industrial type activity is located west toward E. Marginal Way South. Several blocks east, the active Burlington Northern yard abuts another LDR residential neighborhood, and is zoned MIC/H. Immediately adjacent to the single - family neighborhood and the Duwamish Riverbend Hill Park, Parcel 1, the existing MIC/L lot, is separated from similar uses. It is not compatible with the adjoining public park. The neighboring single - family homes are without adequate buffer should a permanent industrial use locate there as allowed under the current MIC /L designation. Any light manufacturing/industrial activities have the potential to negatively impact the residential neighborhood. Goal 1.5—A riverfront that is accessible, developed, and appreciated as a major amenity of the community and region. This goal addresses the possible donation of the riverfront Parcel 2 to the City for public use. 2) If the issue is not adequately addressed in the Comprehensive Plan, is there a need for the proposed change? • The proposed amendment draws attention to Parcel 1's current MIC/L designation, which is not the most appropriate for the location i.e. adjacent to a City park, and single - family homes, and separated geographically from the remainder of the Manufacturing/Industrial Center's industrial uses. • Rezones and Comprehensive Plan changes are exempt from the current moratorium on certain types of development in the MIC area. • Parcel 3 is somewhat separated from neighboring homes by topography, as well as through its orientation and access on S. 115th Street, rather than 40th Avenue South or S. 116th Street like the other homes. This makes its redesignation to Office and its inclusion in office -type redevelopment more feasible and desirable. • Office use could be more appropriate to the location than a light manufacturing use, as is permitted under the current Comprehensive Plan and zoning. 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? W \Word Processing \Ordinance \Comp Plan Wooden LLC.doc RF:mrh 09 /14/2010 Page 4 of 7 • • • Designating Parcel 1, which is currently MIC -L, to Office provides a needed buffer for nearby residential zones from the potential negative impacts of industrial activity. Since the MIC /L -zoned Duwamish Riverbend Hill Park was developed, the adjacent Parcel 1 is isolated from existing and potential industrial uses. • Designating both Parcel 1 and Parcel 3 as Office will provide sufficient space for well - designed development. • Office designation will facilitate longer term improvements to the area, with new investment in non - industrial, lower impact office use. • Office use will provide employment and revenue - generating activities for the community. • Office use could spur lower- impact redevelopment, which will enhance the community by bringing daytime activity to the street and adjacent park. • Designating Parcel 3, which is now vacant LDR, as Office removes potential residential uses, and brings non - residential office use into the vicinity of a single - family residential area. • The public need for housing could be met by retaining the LDR zoning on Parcel 3, and rezoning only Parcel 1 to Office. Rezoning one parcel would still provide a buffer from light industrial uses for nearby single - family homes. • The public need to avoid an industrial use adjacent to residential and park use could be met by rezoning both parcels as Residential Commercial Center (RCC). This zone allows up to two stories of office or retail, but stipulates that a third floor if built, must be used for housing. • If the Office designation is approved, donation of Parcel 2 to the City of Tukwila can maintain and enhance public use along the shoreline. 4) Will the proposed change result in a net benefit to the community? • The proposed change could benefit the community by allowing a lower- impact office -type use to develop on the site, rather than light manufacturing, with its potentially greater negative impacts to the adjacent residential community • The proposed change may spur redevelopment along S. 115th that will benefit the community. • Office use will generate daytime activity in the area, but will not create impacts at night. • A potentially harmful MIC/L use, such as gas station or auto repair, would no longer border the residential neighborhood to the east, or the park to the west. • Extending an office -type use into the residential area precludes future single - family residential activity on Parcel 3. • Tukwila would gain public land along the Duwamish River through donation of Parcel 2. • The existing construction storage is a permitted use under the current MIC /L zoning and produces some economic value. Construction storage is not a permitted use under the Office zone, and the storage yard would become a non - conforming use. • Allowing the contractor storage yard to operate as a legal non - conforming use for a set time period after rezone to Office maintains the status quo without additional impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, the current MIC /L and LDR zoning would be unchanged. The public would benefit by the donation of the waterfront parcel in either case. W \Word Processing \Ordinance \Comp Plan Wooden LLC.doc RF:mrh 09 /14/2010 Page 5 of 7 • • CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? • Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain and enhance residential neighborhoods, and to protect them from undue noise. Redesignating from Manufacturing Industrial Center /Light to Office enhances the neighborhood through the possible development of lower impact office use. • The proposal eliminates one Low Density Residential lot, and precludes future residential development. 2) Impacts? • The requested map change to Office could potentially add lower- impact office or similar development that would enhance the appearance of the area without significantly affecting the existing residential uses up the hill. • Specific redevelopment plans will undergo environmental, design review and building permit review. 3) Meeting identified public need? Other options? • Designating Lot 1, which is currently MIC/L, to Office provides a needed buffer for nearby residential zones from the potential negative impacts of industrial activity. Since the MIC/L -zoned Duwamish Riverbend Hill Park was developed, the adjacent Parcel 1 is isolated from existing and potential industrial uses. • Designating both Lots 1 and Lots 3 as Office will provide sufficient space for well - designed development that will produce employment and revenue, and will enhance the community with fewer impacts than the existing MIC /L zone. • Lot 1 could be designated as Office, and Lot 3 could be left as Low Density Residential in order to maintain the possibility of housing being developed. • Designating Lots 1 and 3 as Residential Commercial Center (RCC) would enable a mixed used development to be built with office or retail on the first two floors, with a possible third floor in residential use. This would bring both office /retail use and housing to the area, while eliminating negative impacts of the MIC /L zoning. 4) Benefit to the community? • Lower impact office -type use would offer greater benefits and fewer negative impacts than the existing MIC/L zoning. • Office use will generate daytime activity in the area, but will not affect nearby residents at night. • Allowing the contractor storage yard to operate as a legal non - conforming use for two years through a contract Comprehensive Plan amendment/rezone to Office maintains the current status without more impact to the community, and adds an incentive for the applicant to complete construction. • If the conditions are not met, there would be no change in zoning, and the current MIC /L and LDR status would be unchanged. The public would not be harmed since the use is already in operation, and would benefit by the donation of the waterfront parcel in either case. W \ Word Processing \Ordinance \Comp Plan Wooden LLC.doc RF:mrh 09/14/2010 Page 6 of 7 • • • EXHIBIT 2 Tax Parcel #1023049072 POR GL 2 IN NW '/4 STR 10 -23 -04 DAF:BEG AT SW COR LOT 1 BLK 20 C D HILLMAN'S MEADOW GARDENS DIV NO 3 TH NLY ALG W LN SD LOT 1 DIST 100 FT TH N 86 -15 -00 W 100 FT TH SLY TO N RAY MGN S 115TH ST TH ELY ALG SD MGN 100 FT M/L TO SD SW COR LOT 1 & TPOB Tax Parcel #3351400005 HILLMANS CD MEADOW GARDENS #3 W 3 FT OF A & ALL OF 1 Tax Parcel # 1023049063 POR GL 2 DAF - BEG SW COR LOT 1 BLK 20 C D HILLMANS MEADOW GDN DIV # 3 TH N 86 -15 -00 W 100 FT TH S PLW W LN SD LOT 1 TO S LN SD GL 2 TH ELY ALG SD S LN TAP S OF SW COR OF SD LOT 1 TH N TO BEG LESS CO RD W \Word Processing \ Ordinance \Comp Plan Wooden LLC.doc RF:inrh 09 /14/2010 Page 7 of 7 R R DR 1 LDR N L09 -064 Comprehensive Plan amendment — Manufacturing Industrial Center/Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) L09 -065 Rezone — Manufacturing Industrial Center /Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC /L) to Office (0) and Low Density Residential (LDR) to Office (0) Possible Donation to the City of Tukwila ��• Zoning Lines Exhibit 3 N Wooden LLC r=too' • • • SUMMARY OF Ordinance No. 2308 City of Tukwila, Washington On September 20, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2308, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 3914 S. 115TH STREET, TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO OFFICE (0), AND ADJACENT PARCEL #1023049072 FROM MANUFACTURING INDUSTRIAL CENTER/LIGHT (MIC /L) TO OFFICE (0); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on September 20, 2010. di'4'/' 17F1 Christy O'Flahe y, CMC, City Clerk Published Seattle Times: September 23, 2010 y Tukwila City Council Agenda 1lLA_h,. J .smza 2908 Monday, '` + ®® O Jim Haggerton, Mayor Councilmembers: •:, Joe Duffle •:- Joan Hernandez Steve Lancaster, City Administrator - :• Allan Ekberg - :• Verna Seal Dennis Robertson, Council President • Kathy Hougardy •:• De'Sean Quinn •:• EXECUTIVE SESSION — 6 :00 PM ❖ Personnel Matter — Pursuant to RCW 42.30.110(1)(g) (60 minutes) September 13, 2010, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda on an (please limit your comments to five minutes per citizen). To comment item listed on this agenda, please save your comments until the issue is presented for discussion. 3. PUBLIC HEARINGS a. An ordinance renewing a moratorium on the filing of applications for Pg.1 development permits for food or drink establishments conducting social card game gambling activities. b. 2010 Comprehensive Plan amendments. Pg.9 4. SPECIAL ISSUES • a. An ordinance renewing a moratorium on the filing of applications for Pg.1 development permits for food or drink establishments conducting social card game gambling activities. b. 2010 Comprehensive Plan amendments. Pg.9 c. A resolution relating to the preservation, protection and use of the former Pg.151 Tukwila grade school /Tukwila City Hall building for heritage and culture. d. Tukwila 205 Levee Repair, Lily Pointe, easement interest payment. Pg.161 e. A resolution ordering the cancellation of unclaimed property. Pg.191 f. Budget: Parks & Recreation program reductions. Pg.203 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 - 1800 /TDD 206 -248- 2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. Monday, September 13, 2010 Dear City Council Members, • CO.)n Heay-r ex Ct fa Cony +',e,4 -.1- f Old Pier iare sef 1 1i a• My name is Patty Cokus and I live with my husband, . Sean Albert, at 4023 S 114th St in Tukwila. As I am unfortunately unable to attend the City Council Meeting tonight I am writing to you in support of the rezoning of two lots on S 115th St to `Off ce'. This location is of interest to me because it is both the entrance to my neighborhood and also because it is directly next to the Duwamish Hill Preserve, which I have personally,/ invested my time and energy in for the past 4 years, ever since moving to the area in 2006. I am one of the "Friends of the Hill" and so would really like to see something that does not distract. Currently these two lots are an eye sore in the neighborhood with their high industrial chain link fence protecting construction items and numerous containers. While organized, thanks to the direction of the owner, it is certainly not what I would choose to see everyday as I come and go from my neighborhood. Ideally this property would become part of the preserve, however since this property is owned by an investor a good option I would like to see would be a lovely well kept home with nice landscaping, however again this is not the wishes of the landowner nor is it likely with the current zoning. It is my understanding that the owner would like to up -zone one lot and downzone the other so that together the two pieces can act as one property zoned as Office. With this he would be able to put a very tasteful office building, even describing a LEED certified building at the last city council meeting I attended on the subject, which certainly lends itself to blending in with the environment which is a very important factor for complementing the Duwamish Hill Preserve adjacent to the property. As you probably already know, we have a serious problem with people dumping garbage, etc. along the riverbank on S 115th St and these currently fenced in lots with construction debris and containers only adds to the look of that and with no one physically at these properties it is easy for people to dump without being caught. If instead an attractive office building, or cafe or coffeehouse were there with people using the space and nice well kept landscaping I think it would bring some much needed attention to the area. I certainly would be much happier if I passed that every morning on my way to work and when returning home, or while out walking the dogs as I do often, or when working on the Duwamish Hill Preserve. What I do not want to see would be some of the legally permitted business types, allowed under the current zoning of the one property that is right now Manufacturing Industrial Center - -Light (MIC -L). Here is a list of just a few of the business types currently allowed on that property that I think would be detrimental to the area and to the value of my home and all of my neighbors: Adult entertainment, Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building), Commercial laundries, any number of manufacturing places, a drive through restaurant, and others. I would not want to see any oftWese=and this is why I am in support of the rezoning of the property down to "Office My husband and I consciously purchased our first home in Tukwila and we have been steadily working to improve not only our own house and yard, but the community as well by being involved on the Duwamish Hill Preserve, organizing neighbors to remove invasive ivy off trees on the riverbank, and attending Night Out Against Crime neighborhood gatherings, etc. As a Tukwila citizen and person directly affected by this property in multiple ways I would like to enthusiastically support the rezoning of these two properties, as I believe it will improve the area and community as a whole. Sincerely, Patty Cokus Hello, my name is Cheryl Woodruff and I live at 4111 S. 113th St., Tukwila, WA, 89168 in the residential area of the Duwamish River Bend Hill. I am also a Friend of the Hill and active in the restoration of the Duwamish Riverbend Hill Reserve. I came tonight to recommend the rezoning of the lots at 3914 S. 115th St. Tukwila Wa 98188 to Office (0). The office zone is a more residential friendly option than the current, light Industrial zoning, for a property that is surrounded by residents and a city park. Specifically as stated in the purpose: Because of the generally light environmental and traffic impacts and daytime use characteristics of offices, it is further intended that such dis- tricts may serve as buffers between residential districts and commercial and/or industrial areas. There are many uses that overlap the 3 different zoning categories and my hope is that the owner will make a community friendly choice no matter what zone the city decides upon. One use of the two lots seems most aes- thetic. The area is in need of a place where residents can socialize and get to know each other such as a coffee shop or small cafe. Since I moved to the area in 2003, this area has given the impression to the public that it is a place no one cares about and thus open for vandalism and garbage dumping. Any professionally design build- ing, and especially a LEED structure would strongly improve this impression. Thanks for listening and I am very excited to participate in the future of Tukwila! • :t.r^ g_t%c fl .71 Duwamish Hill Park n+LLtVIp Y ;I` 28 • 24 1t .S_ 119TH 3t 37; 36 • • Duwamish River Parcel- #1023049063 S '15TH sr t eoUNCIL AGI4,NPA SYNOPSIS initials . Meeting Date Prepared by Mayor's review /—.'ouncil review WA . 09/13/10 RF Civric;()RY L Discussion 09/20/10 - RF LJ Resolution Mtg Date ' Ordinance Bid Award Mtg Date ■, Public Hearing j Other Mtg Date Mg Date Mtg Date 9/20/10 Mtg Date SPONSOR LIJ Council Mayor L Adm Svcs FbRMA11ON ITEM No. B 9, . .. _ CAS NUMBER: 10-1 00 . . ORIGINAL AGENDA DATE: SEPTEMBER 13, 2010 AG I QVIDA ITEM TITLE • Annual Comprehensive Plan/Zoning amendments for 2010--Public Hearing Civric;()RY L Discussion • 9/13/10 Motion Mtg Dote LJ Resolution Mtg Date ' Ordinance Bid Award Mtg Date ■, Public Hearing j Other Mtg Date Mg Date Mtg Date 9/20/10 Mtg Date SPONSOR LIJ Council Mayor L Adm Svcs LI Finance fl Fire _ Legal P&R Pohce []PW/ a DCD Si, ()Mole s Tukwila considers amending its Comprehensive Plan/Zoning map once per year, with a SIJMMARY . review process involving the City Council and Planning Commission, including opportunities for public comment at each step. A public hearing is scheduled on September 13, 2010 to receive comments on three recommendations from the Planning Commission. Following the hearing, the City Council will take final action on 9/20/10 on whether to approve, modify or deny the applications for 2010. RI WIEWED BY LI COW Mtg. LI Utilities DATE: 08/23/10 ■ CA&P Cmte LI F&S Cmte Parks Transportation Cmte Cmte Arts Comm. Comm. Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development Forward to Committee of the Whole for hearing EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: . ._ . IVITG. DATE • , --: '''' '' `.. s','I'RE `F NOLA TOW- 09/13/10 MTG. DATE 1 -..:... ..:.;::.. i ATTACHMENTS ' .. '. -,:.:::: •:. ..; 09/13/10 Informational memorandum dated 8/16/10, with attachments/draft ordinances Minutes from the Community Affairs and Parks Committee meeting of 8/23/10 TO: Tukwila Jim Haggerton, Mayor Department of Community Developinent INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace DATE: August 16, 2010 SUBJECT: 2010 Comprehensive Plan Amendments and Rezones Jack Pace, Director ISSUE The Washington Growth Management Act allows a jurisdiction's Comprehensive Plan to be amended once each year, except in case of emergency. This memo provides infounation on the Planning Commission's recommendations for two Comprehensive Plan amendments and three rezones under review this year. It requests that the amendments are forwarded to the City Council for a briefing, public hearing and action. BACKGROUND Process to date: The City Council took comments from the public at a public meeting on June 28, 2010 and took action on July 6, 2010 to forward the Comprehensive Plan amendments to the Planning Commission for staff review, public hearing and recommendation. After holding a hearing on July 22, 2010, the Planning Commission made recommendations, and is forwarding the issues back the City "Council for a last public hearing and final action. After taking comments from the public at a hearing, the Council may: ® Adopt a proposed amendment by ordinance; ® Adopt a modified version of a proposed amendment by ordinance; or ® Reject the amendment. Consideration of a site - specific map amendment is a quasi-judicial decision. Consideration of an area -wide zoning map change is a legislative decision. At each stage in the review process, staff has tried to encourage public involvement. Public meetings and hearings were advertised in the newspaper, and put on the City's website. Individual sites were posted with notices of applications and meetings. Staff met statutory notification requirements in providing mailings to owners and occupants within 500' of the proposed map and zoning changes. rf Page 1 of 7 08/18/2010 1 1 Organization of Informational Materials Exhibits 1 -6 provide basic information to accompany the informational memo. Attachments 1 -3 include complete planning Commission staff reports, and draft ordinances that reflect the Planning Commission recommendations for each of the Comprehensive Plan amendment/Zoning code amendment requests respectively. DISCUSSION 1. Wooden LLC -- Amend Comprehensive Plan /Zoning Map on two parcels, including: 1) Manufacturing Industrial Center/Light to Office; and, 2) Low Density Residential (LDR) to Office • File #L09 -064— Comprehensive Plan Amendment • File #L09- 065 -- Rezone The applicant, Wooden LLC, requested to redesignate two parcels, including: 1) Manufacturing Industrial Center —Light (MIC /L) to Office (0) at 3912 S. 115th; and, 2) Low Density Residential (LDR) to Office at 3914 S. 115th. The parcels are located generally at the southeast corner of the Duwamish Riverbend Hill park property. The parcel that is currently zoned LDR is vacant. The parcel zoned MIC /L is now used as a construction storage yard. The applicant offered to donate a third, small parcel across S. 116th on the river. This is not part of the Comprehensive Plan amendment/rezone consideration. (Exhibit 1, pp 1 &2) (Exhibits 2 & 3) The applicant requested Office designation in order to construct an office or similar development on two parcels. Applicant's reasons for the rezone request were: a) The site is more developable if combined with the adjacent lot; b) Uses that are allowed in the proposed Office zone, such as office or gallery, would provide a transition with fewer impacts to the residential neighborhood than uses, such as manufacturing and auto repair,that could be built under the current the MIC /L zoning; c) It is more economical to build a three story building and the maximum building height in the proposed Office zone is 35'/3 stories, compared with the existing 45'/4 stories in the MIC /L lot, and 30'in the LDR lot. There were concerns raised at the public hearing related to parking and access. Future development would be required to provide parking on site, and access would be limited via S. 115th, rather than through the adjacent residential neighborhood. (Attachment 1) Planning Commission Recommendation -- Comprehensive Plan (File # L09 -064) • The Planning Commission voted to deny the request to redesignate two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) Planning Commission Recommendation -- Rezone (File# L09 -065) ® The Planning Commission voted to deny the request to rezone two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) 12 rf 7 !1Q/14/1AI!1 2. Macadam LLC— Redesignate parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) ® File #L09- 067 — Comprehensive Plan O File #L10- 002 — Rezone The applicant, Barry Becker, is requesting to redesignate one parcel from CommerciallLight Industrial to Medium Density Residential (MDR) at 4300 S. 133"1 Street, Tukwila, WA (Parcel # 261320- 0131). The majority of the vacant property contains environmentally - sensitive areas, including a Type 2 stream, a Type 2 wetland, and their associated buffer areas. It also includes a steep slope with moderate potential for geologic instability. (Attachment 2 A) The property in question is immediately adjacent to a lot that is designated LDR, and that contains a single - family residence. The subject property is vacant except for a garage that serves the single- family home on the adjoining lot. The redesignation is sought in order to allow housing, rather than commercial/light industrial uses to be built adjacent to a Low Density Residential zone. Given the many environmentally - sensitive areas on the site, housing is considered to be a more appropriate use than commercial or light industrial activities. Medium - density residential would provide a better transition to the adjacent low density residential area, than the current commercial and light industrial uses that could be built under the current zoning. Medium Density residential allows up to 14.5 units per acre. In light of the site's streams, wetlands and slopes, it is likely that a maximum of five units could be built on the property, either as town homes or duplex, triplex or four -plex. If desired, a planned residential development could be built on the site in order to encourage imaginative site design by clustering homes, and to create open space in the future development that keeps features of the natural environment for the enjoyment of future residents. The property is the site of an ongoing code violation for removing vegetation and placing illegal fill in the stream buffer, and wetland buffer. The applicant applied for and has received a 50% buffer reduction that allows him to perform the required work on the site to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation, increase developable space on the site, and improve the wetland buffer. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as.a condition of the buffer reduction decision, and to proceed with consideration of the Comprehensive Plan amendment and rezone. Future multi - family development would be subject to design review, traffic impact and noise review. Planning Commission Recommendation -- Comprehensive Plan (File # L09 -067) ® The Planning Commission voted to approve the request to redesignate a parcel from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) shall be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. rf 3 08/18/2010 13 • • 2) In the event that the rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial/Light Industrial without further legislative action. A draft ordinance adopting the Comprehensive Plan map change per the Planning Commission's recommendation is included as Attachment 2 B Planning Commission Recommendation -- Rezone (File# L10 -002) The Planning Commission voted to approve the request to rezone the parcel from Commercial/Light Industrial (C /LI) to Medium Density Residential (MDR) as a contract rezone with the following conditions: 1. All requirements of the following contract rezone must be met including: • All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. c. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 2 C. Tukwila South Annexation — Establish Zoning for Recently- Annexed Area File #L10- 035— Zoning Issue: Annexing portions of the Tukwila South Project Area inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. The recommended zoning change corrects the issue. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as described in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement teiminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use map and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are required to be consistent. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will also specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, a supplemental, "overlay" zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic ( "underlying ") zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. (Attachment 3 A) 14 rf 4 08/18/2010 • • When the southernmost part of the Tukwila South Project Area was annexed to Tukwila, the Tukwila South Overlay zone became the applicable zoning for the annexed area. However while the Tukwila South Overlay supplements zoning under certain circumstances, it does not replace the underlying zoning. When the Tukwila South Project Area was annexed, the Comprehensive Plan designation was already in place, but identical zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had Comprehensive Plan designation and zoning, but the new annexation area had only Comprehensive Plan designation, and no underlying zoning. In addition, the new annexation area could be left without zoning in the event that the Tukwila South Development Agreement terminates before its term. The proposed amendment to the zoning map corrects the problem, by establishing zoning in the area that was annexed without underlying zoning, and making the new zoning consistent with Comprehensive Plan designations that were in place before the annexation occurred. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are the same, including: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). Planning Commission Recommendation: -- Rezone (File #L10 -034) Establish "underlying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 3 B. RECOMMENDATION The City Council is being asked to hold a public hearing on these items at the September 13, 2010 Committee of the Whole meeting, and to take action at the subsequent September 20, 2010 Regular Meeting. ATTACHMENTS Exhibits: 1.Planning Commission Minutes (draft) 7/22/10 2.Zoning Map — Wooden LLC 3.Aerial Map — Wooden LLC 4.Zoning Map — Macadam LLC 5.Aerial Map — Macadam LLC 6.Zoning Map — Tukwila South Annexation Area Attachments: 1. #L09- 064and #L09- 065— Manufacturing Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) a. Planning Commission Staff Report (7/22/10) 15 • • 2. #L09 -067 and #L10- 002 — Macadam LLC— Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance— Comprehensive Plan c. Draft Ordinance — Zoning 3. #L10- 035— Establish Zoning in Tukwila South Annexation Area a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance -- Zoning 16 • • Exhibit 1 PLANNING COMIVIISSION (PC) PUBLIC HEARING MINUTES JULY 22, 2010 The public hearing was called to order by Chair Arthur at 6:30 PM. Present: Chair, Bill Arthur; Vice - Chair, Margaret Bratcher; Commissioners, George Malina, Lynn Peterson, Brooke Alford, Thomas McLeod, and Louise Strander Representing City Staff: Minnie Dhaliwal, Rebecca Fox, and Wynetta Bivens Chair Arthur noted that there was no one in the audience to testify;_a d that s a"C was not present to give the presentation. COMMISSIONER MALINA MADE A MOTION TO A D - PT THE PUBLIC II i NG MINUTES FROM JUNE 24, 2010. COMMISSIONERBRATC1T R SECONDED Tod •OTION. THE MOTION WAS UNANIMOUSLY APPRO Sr; Staff noted that the public hearing notice that was mailed outl` s tgd. a,,p `st meeting start time 00 :00 PM instead of 6:30 PM Staff also noted that the applicants were ex psgc# i„at 7:00 PM, and requested that Case Number L10 -034 be heard first on thagenda. Chair Arthur recused himself from hearing a' ••niber L10 -034, at 6 :MITA!I because he is employed by the developer of the Tukwila South annexation areal Act. Chair Pro -Tem Bratcher opened the public hearog for base N� 110-, ;0 -034. FILE NUMBER: APPLICANT: REQUEST: LOCATION: .=ecca Fox, Senior P 'artn , Departi7 en�t.,.o£Eommunity Development,. gave the presentation for staff. Ya£f:s ecommendation:`ablish " Iying" zoning that is the same as the Comprehensive Plan design=ations within the Tulcijifa SouthMaster Plan area that was annexed to the City of Tukwila per. Ordinan,#2241. There was no=puT lic testimo , Staff apologized to°'tlae;3ommission for the confusion regarding the public hearing start time. There were no further comments. ern- City of'l ikasila establish icing consistent wig Comprehensive Plan designations in the Tukwila Borth annexation area " A ximai j�, =5, apses, genexal'ly located between: South 188th Street on the north "outh 2021't''= StxeetPotlae south; Orillia Road and Interstate 5 on the west; and then River on the-east. The public hearing was closed. The Planning Commission deliberated. COMMISSIONER MALINA MADE A MOTION TO FORWARD A RECOMMENDATION FOR APPROVAL ON CASE NUMBER L10 -034 WITH STAFF'S FINDINGS, 17 Page 2 of 6 July 22, 2010 PC Minutes • • RECOMMENDATIONS, AND CONCLUSIONS, TO THE CITY COUNCIL. COMMISSIONER 18 STRANDER SECONDED THE MOTION. ALL WERE IN FAVOR. Chair Arthur returned to the Council Chambers at 6:52 PM and.resumed his position as Chair. Chair Arthur opened the public hearing. Chair Arthur swore in those wishing to testify. Staff reiterated that the public hearing notice mailed to the public had a meetistart time of 7:00 PM instead of 6:30 PM: Chair Arthur called a recess at 6:55 PM in order to allow the seconclitialr&hearing case number L09- 064 to start at 7:00 PM, and allow those wishing to testify time to arrive. Chair Arthur re- convened the public hearing at 7:00 PM. IOaTI;ivals wishing"estify were sworn in. FILE NUMBER: L09 -064 APPLICANT: Wooden LLC REQUEST: Amend Comprehensive Plan desigriaron on ii lots, including lrfrom Manufacturing/Industrial Center -Light -L) to Office (Tax #1023049072); and 2) Low Density;$esidential (LDR) td iMice (0) (Tax #3351400005) LOCATION: 3914 S. 115`h St., Tu,Mt.WA 98188 FILE NUMBER: L09 -065 APPLICANT: Wooden LLC _ REQUEST: Amend„Eoning Map desieggfii on two . "including 1) from M a-o"rang/Industrial Cater -Light (IVIC -L) to Office (Tax #1023049072); ...4-1a 2) Low 1`sity Residential (LDR) to Office (0) (Tax #3351400005) LOCATION: 39114.S. 115'1' "t., Tukwila, W ,Q. 88 Rebecca Fox gave the presen x or ss :1 e telt.hat the Washington Growth Management Act allows amendt %e Compreladnsive Plari anO he Zoning Code once a year This year there are three requeits for the Coi iTassion to , and then forward their recommendations on to the City Councc] . The applicant= wishes to obtainVifice designation for two parcels in order to construct an office or similar building. Staff ;eves that largg- daytime uses that are allowed in the proposed Office zone, such as office, would proir.a better transition with fewer impacts to the residential neighborhood than uses, such as manufacturiind auto tepair, that could be built now with the MIC /L zoning. Maximum building heights in the pTroposed Office zone are 35'/3 stories, compared with the existing 45'/4 stories in the MIC/L lot, and 30'inre LDR lot. The applicant has offered to donate a third small, vacant riverfront parcel to the City. Ms. Fox stated the donation would not be a part of the consideration for the re -zone. Parcel one, in a manufacturing area is separated from other manufacturing uses, and is currently being used as a construction storage yard, a permitted use in the MIC/L zone. The applicant has requested to retain this use as a legal, non- conforming use for a maximum of two years if the Office designation is approved. In light of the poor economy, retaining the use for a maximum of two years would allow time to prepare for development. If conditions are not met, the Office zoning would be void and the former zoning would revert. Staff Recommendation: Approval with four conditions as listed in the July 22, 2010 staff report. • • Page 3 of 6 July 22, 2010 PC Minutes Commissioner Alford asked for clarification on the height for Office compared to MIC /L, and discussion followed. Commissioner Arthur asked if both parcels are entirely within the 200 foot shoreline management zone, and staff confirmed that it is. He also asked if anything was allowed to be built as it currently exist, and staff responded that they are not sure. Staff will follow -up on Commissioner Arthur's inquiry, and provide information regarding when the Shoreline Master Program will be adopted by the Department of Ecology. PUBLIC TESTIMONY: Frank Firmani, applicant stated it is his goal to construct a smart, intelligent, green, and friendly development that fits in with the park and the adjacent neighborhood.4rtairmani said that the donated parcel will become part of the river front trail. He said that a mixed!se bu l J on the site would not work economically. Mr. Firmani also commented that he has n: et w h staff irTifibParks and Recreation Department in the past, and that they are supportive of the pro e"cf"- • ' Eric Cobb, Architect, for the applicant, said that the, imaaet of the MIC /L property on 11 .par xis a significant one He said that carefully considered landscap :ri,„g„requirezrrents and landscapuffers between the park and property could significantly ease the tfa" itloref the,development.a'He also said that the donated parcel is a substantive improvement to the community and the park. Kathy Desjardin, citizen, asked if there wou in'e«a benefit to the co is aunty to put an office building in between a park and residential area She raisettiSTve �1;.©ther questions q»said she would prefer that the zoning not be changed. Ms. Desjardin said that shed the publ i Wotice on July 7th and it had a comment deadline of June 21. Denise Meyers, citizen, saideth Bing the parcag would be a- negative impact on the surrounding neighborhood significant=ly; She sai fiat increased *fie in the area would be a safety issue for the residents. She also sai ti ltd be alt he impact to tl e„ septic system for the park and the residents in the neighborhood. Ms. Meyex- said diezdonated land to the City would not be beneficial. She also commented that there is no part min t �a Mark Ltuld, citizen, NeRration wh`effier there has been a traffic mitigation study. He said that the proposedparcel to be dona ete- o the Ci°t ' alb -s no sense. He said that the biggest issue he is worried aboufiFirgblic safety, due to ti amount i ° raffic that would be leaving the area daily. Georgina Kers ctizen, said thahere should not be this type of building constructed in the neighborhood bengswe it is out crcontext and place. She said that it would increase run -off, increase danger to pedestrians .---,-&,d thati 'is too close to the residential area. fnii Ms. Kerr supports mai t g�the existing zoning. REBUTTAL: Ms. Fox addressed the comments given by the citizens. She said that any development must meet code. She stressed that there is a range of activities, such as auto repair and manufacturing that are currently permitted under the MIC /L that could be built now. Under the Office re -zone there is also a range of activities that could be built and it doesn't have to be an office building. She said that traffic access would be from S. 115th, rather than on a residential street to avoid impact on the neighborhood, and that all parking would be on site to meet code requirements. With careful site design, future development could be placed away from the neighboring LDR uses to minimize impacts. She said that a stop sign at the site would contribute to safety. She also said that any new development would be required to handle the run -off on site. Several questions were addressed. 19 Page 4 of 6 July 22, 2010 PC Minutes There were no further cents. - The public hearing was closed. Chair Arthur thanked the commissioners for indulging him and allowing the public to exceed the five minute testimony time limit. He said that the commissioners get a perspective from the community when they get public input, which they are not privy to with just a staff report and input from property owners. He said that he appreciates the people who take the time and effort to provide the public input, and five minutes just doesn't do it sometimes. He also said that the exchanges tonight between the public and staff were well worth hearing. The Planning Commission deliberated. Chair Arthur clarified that the Planning Commission would rnake arecommacTation to the City Council and that the City Council will make the final decision. Commissioner Peterson said he thinks that a re -zone t€i Office use would create fewer4mpacts, and it seems more functional than the MIC /L use. He also said" lial there waazao compelling evtdef ce to deny the proposed re -zone, and he is in support of the re -zone. Commissioner McLeod said if he was to summarize it, he would 't the way that Commissioner Peterson summarized it. He also said that staTpadocumentation listiii flat the current use of the MIC/L could be, and how it could or wouldn't change= %f%xg- zoned, was ve. rfpful. Commissioner Alford said for the record, she ha -ead tl. p` ;fy -tl oroughly and that she appreciates all of the informatioR$11at was presente el he said if henew zoning is approved that she hopes the property owner _ 11"'li _i o what he has:; ,roposed. Shy said that it is probably the best solution when looking at t"`I.ie alloweWi7ws for the MM. She said what is there now makes for a disturbing view from: -Walk, and sh would be in support-of whatever they could do to get rid of it She said that she has a problem wia „two,>r e.,, ears of the cliffent use if it is re -zoned for the applicant, and that it would be a.h,^uge allowari` "n peen ome4 nd of visual mitigation should occur and something belaaorde"ztbbthe citizens 3n the coma( . Staff saw71f there is consensus :among Y e o, imission, they could amend condition # 2 of the proposed to require stir type of screenix Commissioneriirthur said that le does not see any compelling reason for the re -zone, but he sees a number of reason. to appro" the change. He went over the six bullet items in section #4, page 6 in the staff report, and`ga:V.e.explanation on his opposition with each of the statements. Commissioner Arthur also said that heraame questions regarding the appropriateness of the public notice. Commissioner Strander said that she concurs with the comments made in appreciation of the testimony. She said that she has reviewed the Zoning Code and all of the different uses that could be applied to the Office designation. She said she also concurs with Commissioner Alford regarding the applicant meeting all of the traffic requirements, and Commissioner Arthur's comments regarding the notice. Commissioner Bratcher said it needs to be kept in mind that they may be setting precedent for temporary zoning to flip flop back and forth. She said that either they should change the use, or they don't. She also said that she has a slight problem with changing the use and allowing non - conforming use. 20 • • Page 5 of 6 July 22, 2010 PC Minutes COMMISSIONER MAUNA MADE A MOTION ON L09 -064, COMPREHENSIVE PLAN AMENDMENT AND L09 -065, RE -ZONE, TO FORWARD THE RECOMMENDATION TO THE CITY COUNCIL TO DENY THE OFFICE USE AND STAY WITH THE MIC/L. COMMISSIONER MCLEOD SECONDED THE MOTION. COMMISSIONER ARTHUR CALLED FOR A HAND VOTE, AND THE REQUEST WAS DENIED, FOUR TO THREE. COMMISSIONERS PETERSON, ALFORD, AND STRANDER VOTED IN FAVOR OF THE RE- ZONE. There were no further comments. The public hearing was closed. The Planning Commission deliberated. Chair Arthur opened the public hearing. FILE NUMBER: L09 -067 APPLICANT: Macadam LLC REQUEST: Amend Comprehensive Plan' esi ration fro r; "Commercial /Light7ridustrial (C/LD to Medium Density Residen DRY (Tax# 2613200134 LOCATION: 4300 S. 133' St., Tukwila, WA FILE NUMBER: L10-002 APPLICANT: Macadam LLC REQUEST: Amend Zoning Map de%gnatio :orb Commercia1%Light Industrial (C /LI) to Medium Density Residerial (MIhR= #...26.1:3200131) LOCATION: 4300- S=b3.3`d St., Tukwila; Rebecca Fox gave the"Sentation ftaff. The intent is to provide a better transition between Commercial /Light Indus"1ri�al:,on the Fla and single family housing on the West by constructing housing. Approximately 80 % of the p:gerty, s= Wetland or bufferMand 20% can be developed, which would allow four to five units """�" �'"`'"`"" "-" Staff recommendation:: °Aproval o? bntract rezone with the following two conditions: A)::j code violation W0,5, includngtthe conditions outlined in the Special Permission Director (EK1e:# L09 -014) is to-ibricompletWby the applicant and finalized by the City of Tukwila by Dec xnber 31, 2010. (Iii t%ie state-report, the deadline was December 1, 2010, but staff extended it to De -amber 31, 2010, pN the applicant's request.) B) In the even "that the above condition is not met by the deadline above, the rezone shall be voided. Medium deri5 j esid,� iitial zoning shall revert to Commercial /Light Industrial without further legislative action 1='" There were no further comments. Berry Becker, applicant, commented that existing trees provide some noise buffer in the area. Staff stated that noise impacts from Sound Transit should be considered if housing is built in the future. There was no public testimony. The public hearing was closed. The Planning Commission deliberated. 21 Page 6 of 6 July 22, 2010 PC Minutes • • COMMISSIONER MALINA MADE A MOTIONO.FORWARD TO THE CITY COUNCIL APPROVAL FOR L09 -067, COMPREHENSIVE-PE-AN AMENDMENT, AND L10 -002 RE- ZONE, BASED ON STAFF'S FINDINGS, CONCLUSIONS, RECOMMENDATIONS, AND CONDITIONS, WITH A REVISED DEADLINE OF DECEMBER 31, 2010, ON CONDITION "A ". COMMISSIONER BRATCHER SECONDED THE MOTION. ALL WERE IN FAVOR. DIRECTOR'S REPORT • The Commission was informed that the Community Development Director continuing work on the budget. ® A Light Rail community meeting was held last month and Sound Transit staff briefed the Sound Transit Board. The meeting can be reviewed on -line. • There was inquiry from Commissioner Peterson on when the TUG:r eetings will resume. Staff will follow up on this, and have a schedule provided to the Plammig�..,ommission. Meeting Adjourned: Submitted by: 22 9:32 PM Wynetta Bivens Secretary • • L09 -064 Comprehensive Plan amendment — Manufacturing Industrial•Center /Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) L09 -065 Rezone -- Manufacturing Industrial Center /Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) //� pandLow�Density Residential (LDR)CtonOfficL) to Office (0) Office (0) Public Recreation Overlay Zoning Lines EXHIBIT 2 Wooden LLC 00° • - • . .3, 1r-33 L09-064 Comprehensive Plan amendment--Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) L09-065 Rezone--Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC/L) to Office (0) and Low Density Residential (LDR) to Office (0) :,-.7.95Ezuo Zoning Lines 01 ••■ EXHIBIT 3 Wooden LLC navy -1E uk ∎iffaa L09 -067 Comprehensive Plan amendment -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone -- Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) EXHIBIT 4 ft N Macadam LLC 1 " =4O E.-7-7-1sztfiC. , L09-067 Comprehensive Plan amendment--Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) L10-002 Rezone--Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Zoning Lines Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas ®®® Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District EXHIBIT 6 CA) SW 43 St Establish Tukwila South Annexation Area Zoning H \PLANNING \Comp Plan & Zone Amend \2010 com_zone amend\Estab Tuk south overlay dist letter line.mxd • • ATTACHMENT 1 WOODEN, LLC COMPREHENSIVE PLAN / ZONING MAP STAFF REPORT TO THE PLANNING COMMISSION HEARING DATE: July 22, 2010 ATTACHMENT 1 A NOTIFICATION: Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 Site posted, 7/12/10 FILE NUMBER: L09 -064 (Comprehensive Plan Amendment) L09 -065 (Rezone) APPLICANT: Wooden LLC REQUEST: Amend Comprehensive Plan/Zoning Map on two parcels, including: 1) Manufacturing/Industrial Center —Light (MIC/L) to Office (0); and 2) from Low Density Residential (LDR) to Office (0) LOCATION: Vicinity of 3912 S. 115th St., Tukwila (Tax Parcels #1023049072 —MIC/L & #3351400005- -LDR) COMPREHENSIVE PLAN DESIGNATION: Manufacturing/Industrial Center —Light (M/IC -L) and Low Density Residential (LDR) ZONE DESIGNATION: Manufacturing/Industrial Center —Light (M/IC -L) and Low Density Residential (LDR) SEPA DETERMINATION: Determination of Non-significance (DNS), 7/21/10 STAFF: Rebecca Fox ATTACHMENTS: A. Application (L09- 064)— Comprehensive Plan B. Application (L09- 065)— Zoning Map Change C. Minutes —City Council Regular Meeting(7/6/10) D. Aerial vicinity with zoning E. Zoning map F. Use comparison by zone G. Development Standards comparison by zone H. Comment letters Rf 1 W: \Users\Minnie\Minnie - -PC Staff Reports\PC .Staff.Rpt.Wooden-- No.P.R.0. - -- 7.14.10 p.m..doc 34 07/15/2010 FINDINGS Background and Project Description The applicant Wooden LLC seeks to amend the Comprehensive Plan and zoning designation on two lots located southeast of the Duwamish Riverbend Hill Park, generally located at 3914 S. 115th Street, Tukwila, WA. (Attachments A and B) Parcel 1, currently zoned MIC -L, is immediately adjacent to Duwamish Riverbend Hill Park. It was envisioned as part of the Park in the 2007 Duwamish Riverbend Hill Park. The property is now serving as storage for construction equipment, a permitted use in the current MIC /L zone. The second lot, Parcel 3, is located at the western edge of the residential neighborhood, and is zoned Low Density Residential. It is now vacant, but at one time it contained a single - family house. The applicant is requesting to rezone both properties to Office (0), with the wish to create a development opportunity that will "both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use." The goal is to construct an office building. No specific project information has been provided. Any project is subject to development review under the Office zoning. Design review and SEPA / environmental review would take place when a project is proposed. The applicant has offered to donate a third small property, Parcel 2, to the City of Tukwila for the purposes of shoreline and riverbank enhancement and trail development if the proposed Office rezone is approved. The lot is located adjacent to the Duwamish River and lies across S. 115th Street from the properties that are requesting Comprehensive Plan amendment/rezone. This proposed donation is not a factor in considering whether to approve the requested map change, but would be a positive acquisition for the shoreline. In light of poor economy, the ongoing storage lease, and the time required to start site development for a future office use, the applicant has requested that he be allowed to continue use of the construction storage yard for two years after the Comprehensive Plan amendment and rezone are approved. The storage yard, now operating as a permitted use on Parcel 1 under the current MIC/L zoning, would become a non - conforming use if the rezone to Office is approved. During the two -year period, the applicant will prepare to redevelop of the site, while operating the construction storage lot. If the City of Tukwila feels that this request is appropriate, it could be enacted through a contract rezone. The contract rezone would also be referenced in the Comprehensive Plan recommendation. In this case, the applicant would be required to cease storage yard operations in a set time period after the rezone becomes effective, and to donate Parcel 2, located along the Duwamish River, to the City for public use. If the storage yard did not Rf 2 07/1 5/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 35 cease operations by thiliadline, the rezone would become vgliand zoning would revert to the previous MIC/LVId LDR. The small waterfront propeirwould remain in City ownership for public use. These conditions would serve to protect both community and City interests. The Community Affairs and Parks Committee were briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The two lots are located 3912 and 3914 S. 115th Street. Lot #1 (current M/IC -L) is approximately square in shape and fronts on S. 115th Street. A small portion of the northernmost part the property is Type 3 slope, with "high landslide potential, and slopes between 15% and 40% underlain with relatively impermeable soils or by bedrock. Lot #3 (current LDR) is rectangular in shape, and also fronts on S. 115th Street. Approximately one -half of the property contains Type 3 slopes. The two lots total approximately 15, 633 s.f. or .36 acres. Vicinity: The immediate neighborhood is a mixture of single - family residential uses, and commercial /industrial activity. Single - family residential uses are immediately adjacent to the north and east along 40th Avenue South and S. 113th and 114th Streets South, as well as across the Duwamish River. Topography provides a break between the subject property and the existing single - family residential. Industrial uses commonly associated with the MIC/L, including truck sales and service, United Parcel Service shipping, air freight, and construction storage are located along E. Marginal Way to the west. The light rail track runs along E. Marginal Way South, approximately one -tenth mile away. The Burlington Northern train yard is approximately '/4 mile east in an MIC/H zone. Fire Station #53 is located at 4202 S. 115th Street in the Residential Commercial Center (RCC) zone approximately one -tenth mile south east. A wedding store /office is located adjacent south in a High Density Residential (HDR) zone. The most visible feature is Duwamish Riverbend Hill Park, immediately adjacent to Parcel 1. Like Parcel 1, the Park is zoned MIC/L. Owned by the City of Tukwila, it is an established park and is used for cultural and recreational purposes, rather than industrial activity. It has been designated as Public Recreation Overlay (PRO). This overlay, placed on parks and trails, such as the Foster Links, or Centennial Park, supplements a property's underlying zoning and ensures that the park or trail property will be used exclusively for recreational purposes. A pedestrian/bicycle trail, accessible by a foot bridge approximately four —tenths of a mile south, runs on the western side of the Duwamish River. Duwamish Park is approximately three - tenths of a mile away,"and the Tukwila Community Center is one mile south Rf 3 W: \Users\Minnie\Minnie - -PC Staff Reports\PC.Staff.Rpt .Wooden— No.P.R.O. - -- 7.14.10 p.m..doc 36 07/15/2010 • • COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may- recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? Aspects of the requested change designation are addressed in several goals and policies. Four broad - reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is 'preserving and enhancing Tukwila's neighborhoods. Tukwila Comprehensive Plan Objective #1 is "To improve and sustain residential neighborhood quality and livability." Redesignating the existing MIC/L property to Office provides a better transition between Duwamish Riverbend Hill Park on the west, and the residential uses to the immediate east. The potential impacts of development allowed in the current MIC /L (i.e. gas station, auto repair, contractor storage, etc.) are likely to be more negative to residential quality, than the uses (such as office, gallery, etc.) allowed under the proposed Office zone. The rezone to Office eliminates one LDR residential lot, and the possibility of future housing development. Goal 7.2 Noise Abatement — Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. Uses allowed under the Office designation may have less impact-on the neighborhood, - including the adjacent Duwamish Riverbend Hill Park and single - family homes, than those in the current MIC/L designation. Converting Parcel 3, a residentially -zoned lot, to Office places a commercial use adjacent and in the vicinity of other property that is now zoned or used for single - family homes. The subject lot and its adjacent residential lot are vacant. Existing residential uses are located farther up the hill on 40th Avenue South, and are separated from the site by sloping topography. New development would access along S. 115t Street, avoiding the residential neighborhood. Goal 7.3 Overall Land Use Pattern —A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible use. The existing MIC/L is an abrupt transition to a use that is potentially incompatible with the adjacent residential uses, as well as the existing park. An office use may provide a more gradual transition with fewer potential impacts. Rf 4 07/15/2010 W:\Users\Minnie\Minnie - -PC Staff Reports \PC.Staff.Rpt .Wooden-- No.P.R.0. - -- 7.14.10 p.m..doc 37 Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preserva. and enhancement of single-family Astable multi family neighborhoods; eliminates incompatible uses; and clearly estdblishes applicable development requirements through recognizable boundaries. The proposed Comprehensive Plan change Office would eliminate one residential lot, but would also avoid the potentially negative impacts of an automotive repair shop or manufacturing business adjacent to residential, setting clear boundaries between the residential neighborhood and the adjacent Park. Policy 11.1.6 Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate 'without significant degradation of the residential environment. Parcel 1 is zoned MIC/L, but there are no industrial uses in the immediate vicinity. The Duwamish Riverbend Hill park, although now zoned MIC/L, will remain in recreational use as a park, and will not be developed for industrial purposes. The majority of industrial type activity is located west toward E. Marginal Way South. Several blocks east, the active Burlington Northern yard abuts another LDR residential neighborhood, and is zoned MIC/H. Immediately adjacent to the single- family neighborhood and the Duwamish Riverbend Hill Park, Parcel 1, the existing MIC/L lot, is separated from similar uses. It is not compatible with the adjoining public park. The neighboring single - family homes are without adequate buffer should a permanent industrial use locate there as allowed under the current MIC/L designation. Any light manufacturing/industrial activities have the potential to negatively impact the residential neighborhood. Goal 1.5---A riverfront that is accessible, developed, and appreciated as a major amenity of the community and region. This goal addresses the possible donation of the riverfront Parcel 2 to the City for public use. 2) If the issue is not adequately addressed in the Comprehensive Plan, is there a need for the proposed change? • The proposed amendment draws attention to Parcel 1's current MIC/L designation, which is not the most appropriate for the location i.e. adjacent to a City park, and single- family homes, and separated geographically from the remainder of the Manufacturing/Industrial Center's industrial uses. e Rezones and Comprehensive Plan changes are exempt from the current moratorium on certain types of development in the MIC area. • Parcel 3 is somewhat separated from neighboring homes by topography, as well as through its orientation and access on S. 115t Street, rather than 40th Avenue South or S. 116t Street like the other homes. This makes its redesignation to Office and its inclusion in office -type redevelopment more feasible and desirable. Rf 5 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 38 07/15/2010 • • ® Office use could.be more appropriate to the location than a light manufacturing use, as is permitted under the current Comprehensive Plan and zoning. 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? • Designating Parcel 1, which is currently MIC -L, to Office provides a needed buffer for nearby residential zones from the potential negative impacts of industrial _ activity. Since the MIC/L -zoned Duwamish Riverbend Hill Park was developed, the adjacent Parcel 1 is isolated from existing and potential industrial uses. • Designating both Parcel 1 and Parcel 3 as Office will provide sufficient space for well - designed development. • Office designation will facilitate longer term improvements to the area, with new investment in non - industrial, lower impact office use. ® Office use will provide employment and revenue - generating activities for the community. ® Office use could spur lower - impact redevelopment, which will enhance the community by bringing daytime activity to the street and adjacent park. ® Designating Parcel 3, which is now vacant LDR, as Office removes potential residential uses, and brings non - residential office use into the vicinity of a single - family residential area. ® The public need for housing could be met by retaining the LDR zoning on Parcel 3, and rezoning only Parcel 1 to Office. Rezoning one parcel would still provide a buffer from light industrial uses for nearby single - family homes. ® The public need to avoid an industrial use adjacent to residential and park use could be met by rezoning both parcels as Residential Commercial Center (RCC). This zone allows up to two stories of office or retail, but stipulates that a third floor if built, must be used for housing. • If the Office designation is approved, donation of Parcel 2 to the City of Tukwila can maintain and enhance public use along the shoreline. 4) Will the proposed change result in a net benefit to the community? • The proposed change could benefit the community by allowing a lower - impact office -type use to develop on the site, rather than light manufacturing, with its potentially greater negative impacts to the adjacent residential community • The proposed change may spur redevelopment along S. 115t that will benefit the community. ® Office use will generate daytime activity in the area, but will not create impacts at night. ® A potentially harmful MIC/L use, such as gas station or auto repair, would no longer border the residential neighborhood to the east, or the park to the west. ® Extending an office -type use into the residential area precludes future single - family residential activity on Parcel 3. a Tukwila would gain public land along the Duwamish River through donation of Parcel 2. Rf 6 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 39 • The existing truction storage is a permitted use the current MIC/L zoning and produces some economic value. Construction store is not a permitted use _ under the Office zone, and the storage yard would become a non - conforming use. • O Allowing the contractor storage yard to operate as a legal non - conforming use for a set time period after rezone to Office maintains the status quo without additional impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, the current MIC /L and LDR zoning would be unchanged. The public would benefit by the donation of the waterfront parcel in either case. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? • Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain and enhance residential neighborhoods, and to protect them from undue noise. Redesignating from Manufacturing Industrial Center/Light to Office enhances the neighborhood through the possible development of lower impact office use. ® The proposal eliminates one Low Density Residential lot, and precludes future residential development. 2) Impacts? • The requested map change to Office could potentially add lower- impact office or similar development that would enhance the appearance of the area without significantly affecting the existing residential uses up the hill. 9 Specific redevelopment plans will undergo environmental, design review and building permit review. 3) Meeting identified public need? Other options? • Designating Lot 1, which is currently MIC/L, to Office provides a needed buffer for nearby residential zones from the potential negative impacts of industrial activity. Since the MIC/L -zoned Duwamish Riverbend Hill Park was developed, the adjacent Parcel 1 is isolated from existing and potential industrial uses. • Designating both Lots 1 and Lots 3 as Office will provide sufficient space for well - designed development that will produce employment and revenue, and will enhance the community with fewer impacts than the existing MIC /L zone. • Lot 1 could be designated as Office, and Lot 3 could be left as Low Density Residential in order to maintain the possibility of housing being developed. Rf 7 07/15/2010 W:\Users\Minnie\Minnic - -PC Staff Reports \PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 40 • • ® Designating Lots 1 and 3 as Residential Commercial Center (RCC) would enable a mixed used development to be built with office or retail on the first two floors, with a possible third floor in residential use. This would bring both office /retail use and housing to the area, while eliminating negative impacts of the MIC /L zoning. 4) Benefit to the community? • Lower impact office -type use would offer greater benefits and fewer negative impacts than the existing MIC/L zoning. • Office use will generate daytime activity in the area, but will not affect nearby residents at night. ® Allowing the contractor storage yard to operate as a legal non - conforming use for two years through a contract Comprehensive Plan amendment/rezone to Office maintains the current status without more impact to the community, and adds an incentive for the applicant to complete construction. O If the conditions are not met, there would be no change in zoning, and the current MIC /L and LDR status would be unchanged. The public would not be harmed since the use is already in operation, and would benefit by the donation of the waterfront parcel in either case. COMPREHENSIVE PLAN — RECOMMENDATION: Staff recommends the following: Approval of the Comprehensive Plan Map amendment of property located at 3912 S. 115t Street (Tax # 1023049072) from Manufacturing Industrial Center/Light to Office and property located at 3814 S. 115th Street (Tax #1023049063) from Low Density Residential to Office with the following conditions: 1) All requirements of the following contract rezone must be met including: a. Contractor storage operations shall not be allowed on Tax Lot # 1023049063, and shall be completely removed prior to the effective date of this rezone; b. The contractor storage yard on Tax lot #1023049072 shall meet all legal requirements, and shall cease all operation no later than two years (730 days) after the effective date of the rezone; c. In the event that all operations of the contractor storage yard are not terminated by the deadline above, the rezone shall be voided. Office zoning shall revert to Manufacturing Industrial Center/Light (Tax # 1023049072) and Low - Density Residential (Tax # 1023049063) without further legislative action; d. Applicant agrees that Tax Parcel 3351400005 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date of the rezone. The dedication of this parcel shall survive any reversion of zoning, by virtue of non - compliance with the terms of this agreement. 2) In the event that the rezone is voided, the Comprehensive Plan amendment shall also be voided. Office designation shall revert to Manufacturing Industrial Center /Light (Tax # 1023049072) and Low - Density Residential (Tax # 1023049063) without further legislative action. Rf 8 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports \PC.Staf .Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 41 • • FILE #L09 -002 -- 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 the discussion of Comprehensive Plan Criteria (above), the proposed Office zoning is consistent with the Comprehensive Plan, as follows: • Plan Objective #1 —To improve and sustain residential neighborhood quality and livability • Goal 7.2 Noise Abatement—Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. • Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single - family and stable multi - family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries • Policy 11.1.6 — Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.18.010, the requested Office zone is intended to provide for areas appropriate for professional and administrative offices, mixed with certain retail uses. Because of the generally light environmental and traffic impacts and daytime use characteristics of offices, it is further intended that such districts may serve as buffers between residential districts and commercial and/or industrial areas. The proposed rezone from Manufacturing Industrial Center/Light ( MIC/L) and Low Density Residential (LDR) will fulfill this purpose by allowing offices to be built. Attachment F compares the uses permitted in the requested Office with the current Manufacturing Industrial Center /Light (MIC/L) and Low Density Residential (LDR). For example, Office zoning permits uses such as office, studios and planned mixed use development combining retail and office. Restaurants are also permitted uses. Permitted MIC/L uses include automotive services, heavy equipment repair and salvage, manufacturing and processing of various kinds, motels, offices, parks, health clubs, restaurants. Rf 9 07/15/2010 W : \Users\Minnie\Minnie - -PC Staff Reports \PC.StaffRptWooden-- No.P.R.O. -- 7.14.10 p.m..doc 42 • • Although there is some overlap in permitted uses, Office zoning allows a wider range of uses that are compatible with the nearby residential neighborhood. Office zoning would generally enable development that offers a better transition to the adjacent Low Density Residential than the MIC /L zone now provides. Office requires a 25' front yard setback, while the required setback for both LDR and MIC/L front yard setback is 20'. The proposed Office zone allows building heights up to 3 stories or 35', vs. 45' or four stories in MIC /L and LDR 30 feet in the LDR. (Attachment G) The proposed Office zone requires design review for commercial structures 1, 500 square feet or larger. Design review is required for the existing MIC/L in proximity to . . residential districts and the Duwamish River. Design review is not required for the LDR. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Since the current zoning was established in 1995, the 8.6 acre parcel immediately adjacent to Parcel 1 was developed as Duwamish Riverbed Hill Park. Zoned MIC /L, the property had previously been known as Poverty Hill and had been sought for industrial development with plans to dynamite the hill and its outcropping of bedrock. In 2001, the Cascade Land Conservancy, the City of Tukwila and a citizen group called Friends of the Hill formed a partnership to work for the preservation of the hill. In 2004, the property was purchased by the Cascade Land Conservancy, and transferred to the City of Tukwila to establish a cultural and natural preserve. Although the Duwamish Riverbend Hill Park has not been formally rezoned from MIC/L, it operates as a park, and has a supplemental Public Recreation Overlay zoning. Establishing the recreational use has isolated Parcel 1 from other MIC /L uses, making an industrial use less appropriate to the site than before. 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 In a broad sense, the office or commercial uses that are permitted in the requested Office zoning could benefit the region and the community by providing additional employment opportunities and tax income. The existing Manufacturing /Industrial Center —Light zoning is not in the best interest of the neighborhood as it permits a light manufacturing /industrial use adjacent to residential zoning. Well- designed development under the Office zone would benefit the community more than the existing vacant residential property, and storage yard. Rather than an isolated Rf 10 07/15/2010 W: \Users\MinnieWlinnie - -PC Staff Reports\PC.Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 43 manufacturing /indu 1 activity, use of both properties as at of a coordinated office - related project could promote public health, safety and comNilt through good design. Office uses, as permitted in the 0 zone have typically lighter environmental impacts and would provide a more appropriate transition to the LDR zone than the current MIC /L zoning. _ - - Future development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property, and provide Tukwila a clear means to evaluate any future proposed development, accommodate neighborhood conditions, and avoid adverse impacts to the adjacent properties and the community. Contract Rezone: As discussed earlier in this report, the applicant has asked to maintain the construction storage yard as a legal, non - conforming use after the requested rezone to Office while preparing to redevelop the site. If desired, this could be accomplished through a contract rezone and a Comprehensive Plan amendment citing the contract rezone. The applicant would be required to cease storage yard operations in a set time period after the rezone becomes effective, and to donate Parcel 2 along the Duwamish to the City for public use. If the storage yard did not cease operations by the deadline, the rezone would become void and zoning would revert to the previous MIC/L and LDR. The small waterfront property would remain in City ownership for public use. These conditions would serve to protect both community and City interests. Allowing the contractor storage yard to operate as a legal non - conforming use for a set time period after rezone to Office maintains the status quo without added impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, there will be no change in zoning. The contractor yard could continue to operate as a permitted use in the MIC/L, as is the case now. The public benefits by the donation of the waterfront parcel in either case. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • Office zoning is consistent with existing Comprehensive Plan policies that support good transitions between industrial /commercial and residential uses, limit noise impacts on residential uses, and promote stable neighborhoods. 2) Consistency with Zone: ® Office zoning allows a broader range of uses that are compatible with the existing residential neighborhood than Manufacturing Industrial Center/Light zoning. Rf 11 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports \ PC .Staff.Rpt.Wooden-- No.P.R.0. - -- 7.14.10 p.m..doc 44 3) Changed conditions: - • e Development of Duwamish Riverbend Hill Park has isolated Parcel 1 from other MIC /L zones and uses, making it less likely to develop as an industrial use. 4) Community interest: • Development that is allowed under the Office would benefit the community by allowing a wider range of uses with less impact on the surrounding neighborhood than the uses that are permitted in the current Manufacturing Industrial Center zoning. 9 The donation of Parcel 2 would allow Tukwila to gain public land along the Duwamish river for restoration and possible trail development. a A contract rezone to Office maintains the status quo without added impact to the community, and adds an incentive for the applicant to complete construction. ® If the conditions are not met, there would be no change in zoning, and the current MIC/L and LDR remain. The public .would not be harmed since the construction storage yard is already in operation and the existing conditions remain. The public would benefit from the donation of the waterfront parcel in either case. • Although not part of the rezone request, it is in the community interest officially to add the "Public Recreation Overlay" to the Duwamish Riverbend Hill park property to indicate continued park use. ZONING — RECOMMENDATION: Staff recommends the following: Approve a contract rezone of property located at 3912 S. 115th Street (Tax # 1023049072) from Manufacturing Industrial Center/Light to Office and property located at 3814 S. 115th Street (Tax #1023049063) from Low Density Residential to Office subject to the following requirements: a) Contractor storage operations shall not be allowed on Tax Lot # 1023049063, and shall be completely removed prior to the effective date of this rezone; b) The contractor storage yard on Tax lot #1023049072 shall meet all legal requirements, and shall cease all operation no later, than two years (730 days) after the effective date of the rezone; c) In the event that all operations of the contractor storage yard are not terminated by the deadline above, the rezone shall be voided. Office zoning shall revert to Manufacturing Industrial Center /Light (Tax # 1023049072) and Low - Density Residential (Tax # 1023049063) without further legislative action. d) Applicant agrees that Tax Parcel 3351400005 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date the rezone. The dedication of this parcel shall survive any reversion of zoning, by virtue of non - compliance with the terms of this agreement. Rf 12 07/15/2010 W: \Users\Minnie\Nlinnie - -PC Staff Reports\PC.Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 45 46 • CITY OF TUKWILA Department of Communiv Development 6300 Southeenter Boulevard, T:ikivil-F "81-88 -- Telephone: (1061 431-3670 FAX (106) 431 -3665 - E-mail: tukplan@ci.tukwila.wa.us • ATTACHMENT . A . . • CC.;C[MMI ±N: ( COMPREHENSIVE PLAN AMENDMENTS APPLICATION ;. - FOR STAFF USE ONLY Permits Plus Type: P -CPA f - G pA Planner: P- , e CCe- f x File Number: L o 1— O L Et Application Complete (Date: tipaito ) Project File Number: Application Incomplete (Date: l l•zJ. /10 ) Other File Numbers: L C'q - o [ r ...2-0^e. NAME OF PROJECT /DEVELOPMENT: WO 00 5 L LL . (111 C - j— c 1 L..94.11.› LOCATION OF PROJECT /DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 391L1 S / ISTH S`l". AND A 0,1 t.E j-01 , P�2LEL J bl3 4qo 7 Z -1- 3351 Li 00005 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 102.309go72/ 3351 Li0000S, 1oZ30Lfct063 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: .Jo5i'l —101-WS 02 ERIC CoBt E. coeZ i412CN- (T E<<5 Address: eft ( wE5r2l4 Ave 312 Phone: Z 06 — Z37 - 0136 • FAX: Z06 — 133 — �t `7 L,f E -mail: JJo f4),i5 c.on A aL . GoM Signature: Date: l z. `` 1 7 - i Attachment A 69 A. COMPREHENSIVE PLAN DESIGNATION: ;,,,_:�;.;;a;;'t Existing: loz3ot {To7Z — nnIc. /L 335- 0000S --LD �=� Proposed o23 0 =t `( &7Z + 3 coo 05 - ®- B. ZONING DESIGNATION: Existing: 101 'OH o 72 - £ /L 3 37 00oe, - L O R Proposed: 102.3 o `-( q 07 Z + 3351 '-f 0000 5 - d - OFF (G. r. C. LAND USE(S): Existing: VAGA-r -IT 10230 K 901Z 5 I &LE FA-MUL`t' rES- ?3SI9OcXOS Proposed: oPF Ja Fog (3oThr lbz3 o �{ a72. {- 33C( q00005 (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. I tfi� pvu/k/‘-A(S1 -k- HiLL_ PAR.K (�o(z.11)E125 THE WEST At D N0RT44 Pao PER-TY ED be AMD IS Gva2gNTLY MIC /L TN E PRoPER.T} Tc' T1+E -MMST A14 P Sac' (AG2oS5 T+-LE- Dcl iLAL IC 12.1vEQ5 IS R 2Es IDEMr'AL® MMP ZoX. i rkAA- Two s MALL .L /4 D M R� E L Woo- -ro T-14E EA-5 T A YLA5 , 2t; -zor -NEID Rc C- 70 47 48 STATE OF WASHINGTON COUNTY OF KING • • • CITY OF TU.KWILA Department of Community Development 6300 Sou thcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukpinn @ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO. ENTER PROPERTY 1 i I i SS 1 I 1 1 i I to the best of my knowledge. i i • I 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 1 upon Owner's real prope , lo!ca,l� d at 3 91�{ S '11 S ST •r l/�FLk{■1t' t^ rr - -rD THE I.✓EST �"!.+ raZrasfio7Z,,>r3�lyt�ae5, tq9pkac6? for the purpose of application review, for the limited time necessary to comp e e t i1 at purpose. } 5. Owner agrees to hold the'City harmless for any loss or damage to persons or property occurring on the private j property during the City's entry upon the property, unless the loss or damage is the result of the sole i for ninety (90) or more days, shall a cause to cance the i ion t 1 ; i EXECUTED at S6A1Z &- %0/1-44 } Print Name r L) eb -�xt /� • 1 Address ` G a1` c ( ! v�r� i i i On this day personally appeared before me t5 ijcei- i ie41m) / ') 1i 4 t to me known to be the individual who executed the foregoing instrument and acknowledged that heWse signed the same as his/} voluntary act and deed for the uses I and purposes mentioned therein. : i The undersigned being duly sworn and upon oath states as follows: 1. 1 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 negligence of the City. • • 6. Non- responsiveness to a City information request be cancel th applicat (s) without refund of fees (city), / (suite), on t � 6� , 20� Phone Number • Signature SUBSCRIBED AND SWORN TO BEFORE ME ON THIS t DAY OF -Pee_ NOTARY P LIC in and for the State of Washington seri residing ut Gaffed ,V& S - 91/r My Commission expires on - /i � &P/ z-- 20 / 71 SUiVi�lf��l PROPOSES COiViP�ENENSfVE PLANADMEN ENT (parcels 1023049072, 3351400005, 1023049063) The proposed rezone and plarrai►7en°dment involves three properties located near the southeast corner jjf Duwamish Hill Park. Our client: Wooden III LLC, currently owns three parcels bordering the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1 023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color.. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MIC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Parcel C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden III Ilc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal; the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional .offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden III would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, ifthe proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. In lieu of the MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. 73 49 • 74 50 • We firmly believe that both the City of Tukwila Owner Department, Department this zoning change and land redistribution. The Bruce Fletcher, has reviewed our proposal and has provided a response letter supporting the proposed rezone. A. COMPREHENSIVE PLAN.AMENDMENT CRITERIA (TMC 1 8.80.050) Demonstrate how each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequatelyaddressed, is there a need for the proposed change? In recent years Tukwila has acquired and developed Duwamish Hill Park, originally designated MIC /L land. Although the land is still zoned MIC /L the development of the public park has had a significant impact on privately owned Parcel A, B and C. The creation of Duwamish Hill Park separates Parcel C and B from the remaining MIC /L zone essentially making a small island of MIC /L zoning surrounded by Park and Residential land. Creating a small island of MIC /L zoning within Park and residential zoning clearly is not in line with the Comprehensive plan (see response to "An explanation of why the current comprehensive plan or development regulations are • deficient or should not continue in effect" below). The proposed rezone would improve the zoning conflict created by the newly developed Duwamish Hill Park. Why is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The proposed change improves an awkward zoning adjacency created bDof amish Hill Park. The City's land acquisition of Parcel B is the best possible means. meeting the public needs associated with the park, trail and Shoreline planning. While acquiring parcels A and C may also be in the City's best tintte Would be Wooden III loc views this as a strong development opportunity. Nonetheless they this discussion as well. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? In all cases the proposed rezone is a net al neighborhood will be -A potentially harmful use adjacent to a P ark and resident eliminated. -A combined development site zoned (0) Office will provide employment opportunities for the community without the harmful industrial use possible with the existing MIC /L designation. • • -The City will acquire a piece of Duwamish waterfront property that would allow, for future Shoreline development plans and trail projects. See attached "Existing and Planned Pedestrian and Bike Facilities" -The City's acquisition of Parcel B would eliminate possible industrial development along the water way adjacent to the City Park. B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC • 18.80.010) A detailed statement of what is proposed and why; A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; The proposed rezone would eliminate a potential harmful use adjacent.to an established residential neighborhood and newly developed Public Park. With the creation of Duwamish Hill Park Parcel C and A became an island of MIC /L separated from the larger MIC zone. The proposed rezone to Office zoning would eliminate • potential harmful uses on the site that may create excessive noise and traffic adjacent to the park and residential zone. Similar to the MIC /L zoning the proposed (0) Office would provide opportunities for employment but in a situation much more suited for a park and residential neighborhood. Both the Park and adjacent residential neighborhood would benefit from the proposed rezone. The City's acquisition of Parcel B would also create a continuous section of City owned shoreline that would, directly benefit the adjacent Duwamish Hill Park, LDR neighborhood and general public. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) The proposed rezone is clearly in line with a major goal of the Comprehensive Plan, "To improve and sustain residential neighborhood quality and livability." The adjacent City Park is responsible for creating two privately owned island of MIC /L zoning • . • adjacent to park and residential propoerty (parcels C and B). By rezoning the property from MIC /L to Office all potentially harmful industrial uses will be eliminated. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. The existing MIC /L would allow for manufacturing and similar uses that produce a large amount of noise in conflict with TCP Goal 7.2 Noise Abatement, 7.2.2 Discourage nose levels which are incompatible with current or planned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. 75 51 76 52 Rezoning MIC /L toll Office would clearly eliminate rray potentially disruptive activities and businesses adjacent to the residential zon and Public Park. The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel B. Parcel B is currently zone MIC /L and could allow for commercial access to the Duwamish River. Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 Duwamish Hill Pahe.border of the MIC along with the Public Recreation overlay at examination of the map shows the abnormal zoning theaema remaining MIC (zone Hill Park at Parcel C and B. Parcel C and B are isolated no longer serve or benefit the surround zoning. The existing MIC /L zoning for Lot C is inconsistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: This district implements the Manufacturing Industrial Center/Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light • manufacturing and industrial uses and of he Duwamish Coredor.his district's uses and standards are intended to enhan ce the Parcel C is currently a small island of MIC /L zoning surrounded by residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive light manufacturing and industrial uses" Tukwila's City Zoning Map currently has multiple zones raely borde l� Office LDR zones directly border LDR zoning. However, MIC/L because of the obvious conflicts. Our proposal removes these adjacencies. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; The proposed rezone falls in line with the goals of the Washington State Growth Management act: RCW 36.70A.020 Development on Parcel A and C would provide additional services and employment opportunities. (1) Urban growth. Encourage development in urban areas where adeq a public facilities and services exist or can be provided in an efficient manner. A planned office development would provide services and employment opportunities for the adjacent residential neighborhood. (5) Economic development. Encourage economic development throughout the state that is cbrisiste t wiih adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public .services, and public facilities. An industrial use adjacent to a public park and shoreline environment is an "incompatible use" (8) Natural resource industries. Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultura!_lands, and discourage incompatible uses. Eliminating MIC /L zoning -would ensure potentially harmful uses would no longer be . possible on Parcel C and B. The City's acquisition of Parcel B would protect the shoreline environment and allow for potential shoreline restoration work. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. RCW 36.70A.070 Cornprehensive plans — Mandatory elements (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed -use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population. The proposed office development would provide employment opportunities to the community while the land redistribution would directly serve the adjacent community. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; Eliminating MIC /L zoning on Parcel C and B will help protect the environment. Providing a development opportunity for an Office use will also serve the economic growth of the region. ED -10 Jurisdictions shall adopt economic development. and other policies which will recognize and help protect the environment as a key economic value in the region. Local policies shall seek to achieve an appropriate balance between the needs for economic growth and the need for protecting the environment. Local governments are encouraged to look for ways to wcrk cooperatively with businesses to help them comply with environmental regulations and to develop policies that result in environmental protection through regulatory processes that are understandable and efficient. The existing zoning for Parcel 0 and B is in conflict with the Countywide plan allowing for industrial land to be in direct contact with a non - supporting or incompatible use. 77 53 ED-15 Local compre•ive plans should include policies w foster a climate supportive of the siring needs of industrial users and that recognize the important role they play in creating high -wage jobs. Local plans are encouraged not u duly enc�loached designed ensure that industrial use of industrial zo ne land is limited by non- supporting or incompatible uses. Arguably Parcels C and B are not "sized for manufacturing /industrial uses now that Duwamish Hill Park isolates the parcels from the remainder of the MIC zone. 5. Manufacturing /Industrial Center Criteria LU -52 Each jurisdiction which contains a regional Manufacturing/Industrial Center shall adopt in its comprehensive plan a definition of the Center which specifies the exact geographic boundaries of the Center. Jurisdictions with Manufacturing /Industrial Centers shall have zoning and detailed plans in place to achieve the following goals by the year 2010. a. Preserve and encourage the aggregation of vacant or non- manufacturing/industrial land parcels sized for manufacturing/industrial uses; LU -58 Jurisdictions' comprehensive plans for regional Manufacturing /Industrial Parcels C and B have no buffers from the adjacent park and residential neighborhood Centers shall demonstrate compliance with the criteria. In order to promote manufacturing/ industrial growth, the Manufacturing /Industrial Center plan for each jurisdiction shall establish strategies: c. To provide buffers around the Center to reduce conflicts with adjacent land uses; A statement of what changes, if any would be required in functional plans (Le., the City's water, sewer, storm water or shoreline plans) if the proposed - amendment is adopted; The proposed rezone would not increase 'utility needs relative to the existing MIC /L zoning. The City's Shoreline plan would benefit from the acquisition of Parcel B. Proposed Shoreline restoration and trail projects would be feasible with a continuous City owned shoreline. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities .plans of the City; No capitol improvements will be necessary for the proposed rezone. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed chang e Zoning Code map Amendment to reflect the proposed (0) Office zoning on Parcel A and C. 78 54 • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us Wt.ROCTACELMENT ZONING CODE AMENDMENTS .APPLICATIC FOR STAFF USE ONLY Permits Plus Type: P -ZCA f" - g i2_ ES(cA Fo Application Complete (Date: t Ics Application Incomplete (Date: II 24 fIc) Planner: File Number: L,og. -- Project File Number: Other File Numbers: Log - . NAME OF PROJECT /DEVELOPMENT: W Dop t-f ! C — L E L D e- ` ' 0 LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 391-1 5 J VA LA 7.--T t_or To l H v-1557" LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). Za Li/ o-7Z, 33/'- (O0005, (oz3oLtgO�3 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and ® is the primary contact with the City, to whom all notices and reports will be sent. Name: J057 1 JoN1-15 02 ERIC Gaga, F_. Co 'F A-ce I TCLTS Address: q(( We5TER1� 3!� Phone: X06 - 18'7 0,36 E-mail: J J o 1-11-1.5 GDR God Signature: 4_- FAX: Date: 12 - 19-09 zo4.-z33- g7NZ Attachment B 55 A. COMPREHENSIV•LAN DESIGNATION: • . Existing: 1 0 Z 30Y 9 O7Z M I G /l- 3 3 5 1 O0005 _ L Proposed: LDZ3oc-fg On. t 335- 0=90 05 r 0, OFFICE B. ZONING DESIGNATION: Existing: 102 301-1 G6i2 - A t G l 1. 33S I Li Ooo05 --L02 Proposed: i oZ3D - ab72 + 335 / Li 0000 S — 0, OFF I GE C. LAND USE(S): Existing: loZ3o,-fg0-7Z - 33(1-1 6000C - 5iMbLE W 'ix f.ibikA Proposed: FF tz-E FWR (3oTH 10 2,30 L-IT 072 t 3 3514 00005 (for proposed changes in land use designations or rezones) 80 56 L. u000 arcnrtecis Inc. y i i vvesiem /Avenue ft.) io oeeioe, vvr ■uti LVV.LUI .V ✓V lG ✓ wn • PROPOSED REZONE SUMMARY: (parcels 1023049072, 3351400005, 1023049063) • qq•�,, GDMtMU l f Y D e tit t OPM Ek u The proposed rezone involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden 111 LLC, currently owns three parcels near the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MIC /L). Parcel B is located on the bank of the Duwarnish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Parcel.0 is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden 111 llc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal, the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden III would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, if the proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. In lieu of the MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. 81 57 82 58 • • We firmly believe that both the City of Tukwila and the Owner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletcher, has=revtowed our proposal and has provided a response letter supporting the proposed rezone. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. • Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: 1. .That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; The proposed rezone is aligned with a primary goal of the Comprehensive Plan: "To improve and sustain residential neighborhood quality and livability." By rezoning.the property from MiC /L to Office many potential harmful uses will no longer be allowed adjacent to existing homes. In addition the donation of Parcel B will allow Tukwila to implement shoreline trails and restoration plans that would directly benefit the adjacent residential neighborhood. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that M1C uses may operate without significant degradation of the residential environment. The existing MIC /L could create a significant noise conflict with the adjacent park and residential neighborhood: Rezoning to (0) Office would mitigate this potential noise disturbance. TCP Goal 7.2 Noise Abatement states, 7.2.2 Discourage nose levels which are incompatible with current or planned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. Rezoning MIC /L to (0) Office would eliminate many potentially disruptive activities and businesses adjacent to the residential zone. . The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel B along the Duwamish River, Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline G. t.V UU hl 1.I11LCkt 111L. 7 1 I v177 LCII l r.vCI •• • •■■■ '•• '-"`� • • 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border of the MIC along with the Public Recreation overlay. A close examination of the map shows the abnormal zoning condition created by Duwamish Hill Park. Parcel C is isolated from the remaining MIC zone and no longer serves or benefits the surround MIC zone. 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; The existing MIC /L zoning for Lot C is not consistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: This district implements the Manufacturing Industrial Center /Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries. This district's uses and .standards are intended to enhance the redevelopment of the Duwamish Corridor. Parcel C is currently a small island of MIC /L zoning surrounded by residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive light manufacturing and industrial uses" The proposed (0) Office designation for parcel C and A will serve and support the residential neighborhood. Tukwila's City Zoning Map currently has multiple conditions where Office zones directly border LDR zone. However, MIC /L. zones rarely border LDR zones because of the obvious conflicts. Our proposal removes these potential • conflicts. 3. That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and The adjacent parcel 1023049057 ,(Park) was originally zoned MIC /L. Along with adjacent parcels this created a very large multi acre industrial area along the Duwamish River. Although the property has not been formally rezoned, parcel 1023049057 is now Duwamish Hill Park owned by the City of Tukwila. Converting parcel 1023049057 to Public Park isolated parcel C and B creating two islands of MIC /L zoning. The proposed rezone will eliminate the potential adverse impacts of MIC /L development at this juncture between the newly developed park and the adjacent residential neighborhood. 4. That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and 83 59 eneral we e and will not adverse) affec e surroundin les in the vicinity in which neighborho. •, nor be injurious to other pro the subject property is located. This three parcel proposal will benefit the Parkztver and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair; contractor storage, etc) will be removed from the southeast corner of the Park. 2. In lieu of the MIC /L "island " parcel, two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. • a. Tukwila's Walk and Roll program has developed a master plan to provide future sidewalks along Parcel C &A. Clearly the future sidewalks and pedestrian plan would be better served by an Office zoning compared to the purpose of the MIC /L zone which may include large trucks and delivery traffic. "MIC /L" — "it is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries." 3. Tukwila would gain parcel B along the Duwamish for restoration and possible trail development. Tukwila's trail and shoreline restoration plans are currently interrupted by Wooden •.II1 Ilc's "island" of private ownership along the Duwamish waterfront. a. Per Tukwila's Walk and Roll program a trail has already been proposed crossing Parcel B (see attached map from Tukwila's Walk and Roll program) b. The Duwamish Hill master plan originally designed by Jones and Jones Architects shows a potential shoreline restoration and beach access along S. 115th St that would include Parcel B The proposed rezone will eliminate adverse industrial impacts to the Park and adjacent residential zone while expanding the public lands that will be critical in future public development projects. 84 60 y1. 1. P rr? s a d P Cr a ion i.Depa .. t ?i ?: n December 22, 2009 Josh Johns E. Cobb Architects 911 Western Avenue #318 Seattle, WA 98104 Dear Mr. Johns, I agree with your assumptions that by rezoning two parcels (335140005 and 1023049072) to Office zone would benefit the City of Tukwila's shoreline and the Duwamish Riverbend Park property. The Tukwila Parks system would also benefit with the donation of the riverfront property (1023049063). It is my suggestion to schedule a meeting with myself and the Directors of Public Works and Department of Community Development to further investigate the proposed zoning change and land donation.. Please feel free to contact me at (206)767 -2343 if I can be of further assistance Sincerely, Bruce Fletcher, Director Tukwila Parks and Recreation Department Br.,, Flacher !2 .2 �d _4 venue South _T 4z A Tukwila, WA 98168 (zo6) 767-2342 * bruce@ci.tukwila.wa.us 85 61 To:City of Tukwila • Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, Wa. 98188 • ATTACHMENT G I am here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 115± Street. To whom it may concem: I am wondering why we need an office space zoning in an area mostly residential, when there is a glut of empty office space in areas that are alredy in an office space zoning. I am particularly affected as the parcels in question are right across the river from me and this would change my view from an almost pristine view to an office building looking down into my river property. On top of that, a park {Tukwila Riverbend Park} is right next to the parcel and office space does not lend itself to the local environment layout. Another concern: The sewer, I believe, hasn't reached the parcel in question and it falls dangerously close to the buffer zone cr4eated by the Shoreline Mast3er Program proposal. Please don't mar our view on the river and add office space potential where it isn't needed or wanted. John Swan 3914 South 1176 Street Tukwila, Wa. 98168 RECEIVED env OFYU KWUA HAY 0 6 201U PERMIT CET , 86 62 Stanley G Hoffman 3924 South 114th Street Tukwila, WA 98168 -1913 206 - 763 -1712 A_TTACERIENT R DCD • Rebecca Fox 6300 Southcenter Blvd - Tukwila, WA 98188 Sirs: 1 am writing in opposition on the zoning change of the property located at South 115th Street and 40th Avenue South. The Health of Walker Hill The Hill is correctly named Walker Hill in most plot and geological maps. The area is commonly called `Poverty Hill'. This name is used by all, but this name is used for a historically residential area. This area has seen little change. It is only in the last year that to the west of the property the historical house that served as a store to the original settlers of this valley was demolished and replaced by containers that have been wired with temporary service poles and served With portable toilets. Hardly a development worthy for any • neighborhood. The new park opening signals to all who pass on South 115th Street the changes that are uplifting Walker Hill. We have seen many properties remodeled, some to be sold to folks eager to join a community that is centered on the services and employment of the Greater Seattle Metropolitan .Area. We know that the 'Old AG' warehouse is a development site that will greatly improve the area, perhaps including a light rail station. My thinking is that the health of Walker Hill will be harmed by a development that is not residential. The county would entertain the permit process for septic tanks for a residential project. Water and power is available. The property is developable as a residential project. wish to point out that perhaps some property owners of Walker Hill may have thoughts of using their future appreciation values of their holding. How can this best be served? I point to the 'AG' property and the vast plan unveiled by the Segale Family. These projects have ample space and plans for office buildings, they do not need residential property for office space. What they will need is housing for the new employees to serve these projects. My thought is the office project will not provide value to residential property owners; indeed, this office project will detract from this homogeneous believe the 'ducks are now in a row' and 1 think it is time for the zoning board to support the residential nature of our community and the property owners investments. • Stanle an 87 63 Tukwila City Council Regular Mee Minutes ATTACHMENT C July 6, 2010 • Page 3 of 6 MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1719_, 2. A resolution declaring two aged and obsolete Fire Department Amkus Rescue Systems and accessory equipment surplus and authorizing their donation. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING TWO AGED AND OBSOLETE AMKUS RESCUE SYSTEMS AND ACCESSORY EQUIPMENT SURPLUS, AND AUTHORIZING THEIR DONATION. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1720. b. 2010 Comprehensive Plan Amendments. (The Council may: • Refer the proposal as is to the Planning Commission for further review; or ® Modify the proposal and refer to the Planning Commission for further review; or • Defer consideration until a later time to get more information; or e Reject the proposal.) MOVED BY ROBERTSON, SECONDED BY DUFFIE TO REFER THE PROPOSAL AS IS TO THE PLANNING COMMISSION FOR FURTHER REVIEW AND A RECOMMENDATION.* Frank Firmani, 2400 NW 80TH Street, #162, in Seattle, explained he is confident they can work proactively with neighbors and the Friends of the Duwamish during the planning process. Mayor Haggerton asked if he is speaking in favor of the motion, and Mr. Firmani responded in the ffirmative. OTION CARRIED 6 -0. c. Noise Regulations: 1. An ordinance updating regulations relating to noise as codified at Tukwila Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE ORDINANCE RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2293. 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. Attachment C 65 L09 -064 Comprehensive Plan amendment—Manufacturing Industrial Center/Light (MILL) to Office (0), and Low Density Residential (LDR) to Office (0) L09 -065 Rezone— Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MICIL) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay (PRO) Zoning Lines MI CI L09 -064 Comprehensive Plan amendment — Manufacturing Industrial Center /Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) L09 -065 Rezone — Manufacturing Industrial Center/Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC /L) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay (PRO) Zoning Lines Attachment E Wooden L r° ®zoo 68 Comparison of Zoning Ade Uses for MIC /L, LDR, and 0 Zones ATTACHMENT F Page 1 of Attachment F P = Permitted, A = Accessory, C = Conditional, U = Unclassified MIC/L LDR' 0 1 Adult day care A A 2 Adult entertainment (subject to location restrictions) P 3 Airports, landing fields and heliports (except emergency sites) U 4 Amusement Parks 5 Animal rendering . 6 Animal shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit) 7 Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P 8 Automobile, recreational vehicles or travel trailer or used car sales lots 9 Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building) P 10 Beauty or barber shops P P 11 Bed and breakfast lodging for not more than twelve guests C 12 Bed and breakfast lodging (no size limit specified) 13 Bicycle repair shops P P 14 Billiard or pool rooms A 15 Boarding Homes 16 Brew Pubs P P 17 Bus stations P 18 Cabinet shops or carpenter shops employing less than five people 19 Cargo containers for institutional uses (limit of 2) — Type 2 decision P A 20 Cement manufacturing U 21 Cemeteries and crematories C C 22 Child care Family Home A A 23 Child daycare centers P P 24 Churches and community center buildings C C 25 Colleges and universities C C 26 Commercial laundries P 27 Commercial Parking (subject to restrictions) P 28 Computer software development and similar uses P P 29 Contractors storage yards P 30 Convalescent & nursing homes for not more than twelve patients P 31 Convalescent & nursing homes for more than twelve patients C 32 Convention facilities 33 Conversion of rental multi - family structures to condominiums OR owner- occupied multi - family housing (Conversion only, NO new construction) 34 Correctional institutes U2 35 Dwelling- Detached Zero -Lot Line Units 36.. Dormitory . _ .. _ A C A 37 Drive -in theatres 38 Dwelling — Single family (Includes site built, modular home or new manufactured home ) p 6.7 /ac P Page 1 of Attachment F Page 2 of 5 69 P = Permitted, A = Acc y, C = Conditional, U = UlPsified C/L LDR 1 0 39A Dwelling- Duplex, triplex or four -plex 39B Dwelling- Townhouses up to 4 attached units 39C Dwelling — Apartment houses, townhouses, row houses and condos 39D Dwelling — Multi- family units above office and retail uses 40 Dwelling — Senior citizen housing 41 Dwelling unit — Accessory (Owner occupies one unit, parking, size limit, lot minimum requirements) A A 42 Electrical Substation — Distribution C C C 43 Electrical Substation — Transmission/Switching 44 Essential public facilities, except those specifically listed as a permitted or conditional in any of the other zones U 45 Farman and farm- related activities 46 1, banking, mortgage, other services P3 P 47 Fire & Police Stations C C C 48 Fix -it, radio or television repair shops /rental shops P 49 Fraternal organizations P 50 Frozen food lockers for individual or family use 51 Garage or carport (private) not exceeding 1,500 sq. /ft on same lot as residence A 52 Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq. /ft A 53 Greenhouses or nurseries (commercial) P 54 Hazardous substance processing and handling and hazardous waste treatment and storage facilities (on -site) subject to compliance with state siting criteria RCW Chapter 70.105 (See also Environmental Regulations, Chapter 21.08, Tukwila Municipal Code, TMC) A7 55 Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See also Environmental Regulations, Chapter 21.08, Tukwila Municipal Code, TMC) 56 Heavy equipment repair and salvage P 57 Heavy metal processes such as melting, blast furnaces, drop forging or drop hammering C 58 Home Occupation (Max. 1 non - resident worker, no exterior change, etc.) A A 59 Hospitals, sanitariums, or similar institutes C 60 Hotels P 61 Hydroelectric and private utility power generating plants U 62 Industries involved with etching, film processing, lithography, printing and publishing 63 Internet Data Centers P 64 Landfalls and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions U U U 65 Laundries; self serve, dry cleaning, tailor, dyeing P P 66 Libraries, museums, or art galleries (public) P C P 67 Manuf./Mobile home park (See Criteria) Page 2 of 5 69 Page 3 of 5 70 P = Permitted, A = A ssory, .MIC/L C = Conditional, U classified LDR 1 O 68 Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, C plater; agr` ltral products or animal products (no rendering or slaughtering) 69 Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refming, and consumable electrode melting; and similar heavy industrial uses C 70 Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging P 71 Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P 72 Manufacturing, processing and/or packaging 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 P 73 Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment P 74 Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment P 75 Manufacturing, processing, packaging of foods, such as baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) P9 76 Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials 77 Mass transit facilities U U U 78 Medical and dental laboratories P 79 Mortician and funeral homes 80 Motels P 81 Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, business, e.g. travel, real estate & commercial P6 P 82 Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing 83 Outpatient, inpatient, and emergency medical and dental commercial services P P 84 Park & ride lots C C 85 Parking areas A A A 86 Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation P P - 87 Pawnbroker 88 Plumbing shops (no tin work outside storage) Page 3 of 5 70 Page 4 of 5 71 P = Permitted, A = Acce y, / C = Conditional, U = Unclassified /L + LDR 1 O 89 Private stable with restrictions A 90 Radio, television, microwave, or observation stations and towers C C C - 91 Railroad freight or classification yards U 92 Railroad tracks (including lead, spur, loading or storage) P 93 Recreation facilities (commercial — indoor) — athletic or health clubs p P 94 Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges 95 Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields 96 Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses C C C 97 Recreational area and facilities for employees A A 98 Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures U 99 Rental of vehicles not requiring a commercial driver's license p 100 Rental of commercial trucks and fleet rentals requiring a commercial driver's license P 101 Residences for security or mai nance personnel A A 102A Restaurants including rive thr , sit down, cocktail lounges in conjunction with a resta P 102. B .. Restaurants including cocktail lounges in conjunction with a restaurant P 103 Retail sales of furniture appliances, automobile parts and accessories, liquor, lumber/bldg. materials, lawn &garden supplies, farm supplies 104 Retail sales, e.g. health/ beauty aids/ prescription drugs/ food/hardware/ notions /crafts /supplies/housewares/ electronics /photo- equip /film processing/ books /magazines/ stationery/ clothing/shoes /flowers /plants /pets /jewelry/ gifts /rec. equip/ sporting goods, and similar items. C 105 Retail sales as part of a planned mixed -use development where at Least 50% of gross leasable floor area development is for office use; no auto- oriented retail sales (e.g., drive -ins, service stations). P 106 Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials C 107 Sales and rental of heavy machinery and equipment subject to landscaping requirements of Chapter 18.52 P 108 Salvage and wrecking operations. 109 Salvage and wrecking operations which are entirely enclosed within a building P 110 • Schools and studios for education or self improvement P P 111 Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C C 112 Secure community transition facility 113 Self storage facilities P 114 Sewage lift station U U 115 Shelter p p 116 Shopping center, Planned (mall) 117 Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to Chapter 18.52 - P Page 4 of 5 71 *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: I' Similar in nature to and compatible with other uses permitted out right within a similar zone; and 2. Consistent with the stated purpose of the zone; and 3. Consistent with the policies of the Tukwila Comprehensive Plan. 1 Within a specific area of LDR, MDR, and HDR along the Tukwila International Boulevard Corridor is a zoning overlay called Commercial Redevelopment Areas. Within these areas permitted uses in the adjacent commercial zones are allowed in the residential zones subject to public design review and specific criteria. 2 Owned and operated by the City of Tukwila. 3 Must be less than 20,000 square feet, conditional use over 20,000 square feet. Page 5 of 5 72 P = Permitted, A = 1111ssory, • C = Conditional, U = nclassified MIC/L LDR' 0 118 Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet -with a front yard setback of 100 feet; security _Tegtiid_ - P 119 Stormwater- neighborhood detention +tea —iient facilities U U 120 Stormwater pump station U U 121 Studios — Art, photography, music, voice and dance P P 122 Taverns, nightclubs P 123 Telephone exchanges P P 124 Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code 125 Tow -truck operations, subject to all additional State and local regulations P 126 Transfer stations (refuse and garbage) when operated by a public agency 127 Truck terminals . p 128 Warehouse storage and wholesale distribution facilities P 129 Water pump station U U 130 Water utility reservoir and related facilities U U 131 Wireless Telecommunications Facilities (subject to restrictions listed under TMC 18.58) P P P *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: I' Similar in nature to and compatible with other uses permitted out right within a similar zone; and 2. Consistent with the stated purpose of the zone; and 3. Consistent with the policies of the Tukwila Comprehensive Plan. 1 Within a specific area of LDR, MDR, and HDR along the Tukwila International Boulevard Corridor is a zoning overlay called Commercial Redevelopment Areas. Within these areas permitted uses in the adjacent commercial zones are allowed in the residential zones subject to public design review and specific criteria. 2 Owned and operated by the City of Tukwila. 3 Must be less than 20,000 square feet, conditional use over 20,000 square feet. Page 5 of 5 72 • ATTACHMENT G Comparison of Design Review Requirements & Basic Development Standards for MIC/L, LDR, and 0 Zones Design Review Requirements MIC/L L LDR O O . 0 Administrative design review is D Design review is required for D Design review is required for 6,500 sq. ft. Basic Development Standards MIC/L LDR 0 Lot area, minimum N/A 6,500 sq. ft. N/A Lot area per unit (multi - family), minimum N/A N/A N/A Average lot width minimum, (20 ft. street frontage width) N/A 50 feet N/A Setbacks to yards (minimum): . • Front 20 feet 20 feet 25 feet o Front, decks or porches N/A 15 feet N/A • Second front 10 feet 10 feet 12.5 feet • Second front (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 15 feet 10 feet 12.5 feet • Sides None 5 feet 10 feet • Sides (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) o 1St floor 15 feet 5 feet 10 feet o 2„ d floor 20 feet 5 feet 20 feet o 3`d floor 30 feet 5 feet 30 feet • Rear None 10 feet 10 feet • Rear (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) o 15` floor 15 feet 10 feet 10 feet o 2 "d floor 20 feet 10 feet 20 feet o 3`d floor 30 feet 10 feet 30 feet Height, maximum 4 stories or 45 feet 30 feet 3 stories or 35 feet Page 1 of 2 Attachment G 73 • Ssic Development Stands MIC/L 1 LDR 1 O . Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements - -- -- • Front 5 feet - --- �-.,_ N/A '— 15 feet 15 feet • Front (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 15 feet 12.5 feet • Second front N/A 5 feet • Sides None 10 feet • Sides (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 15 feet 5 feet • Rear None 10 feet • Rear (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 15 feet N/A Recreation space N/A Off-street parking: Determined by use • Residential N/A 2 parking spaces for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations and accessory dwelling units as otherwise proved by this title. See also TMC Chapter 18.56, Off -street Parking & Loading Regulations. • Accessory dwelling unit N/A See TMC 18.10.030 See Accessory Use section of this chapter • Office, minimum 3 per 1,000 sq. ft. usable floor area N/A 3 per 1,000 sq. ft. usable floor area • Retail, minimum N/A N/A 2.5 per 1,000 sq. ft. usable floor area • Warehousing 1 per 2,000 sq. ft. usable floor area min. N/A N/A • Manufacturing 1 per 1,000 sq. ft. usable floor area min. N/A N/A • Other uses Refer to TMC Figure 18 -7, "Required Number of Parking Spaces for Automobiles and Bicycles" (attached) *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: 1. Similar in nature to and compatible with other uses permitted out right within a similar zone; and 2. Consistent with the stated purpose of the zone; and 3. Consistent with the policies of the Tukwila Comprehensive Plan. Page 2 of 2 74 86 • • /14A z /c ATTACHMENT H To:City of Tukwila Department of Commevelopment 6300 Southcenter Blvd: Ste 1 -00 Tukwila, Wa. 98183 f am here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 11511 Street. To whom it may concern: I am wondering why we need an office space zoning in an area mostly residential, when there is a glut of empty office space in areas that are alredy in an office space zoning. I am particularly affected as the parcels in question are right across the river from me and this would change my view from an almost pristine view to an office building looking down into my river property. On top of that, a park {Tukwila Riverbend Park} is right next to the parcel and office space does not lend itself to the local environment layout. Another concern: The sewer, I believe, hasn't reached the parcel in question and it falls dangerously close to the buffer zone cr4eated by the Shoreline Mast3er Program proposal. Please don't mar our view on the river and add office space potential where it isn't needed or wanted. John Swan 3914' South 117th Street Tukwila, Wa. 98168 RECEIVED CITYOFTIJKVv/LA MAY 06 2O1 PERMIT CWT • Attachment H 75 Stanley G Hoffman 3924 South -11 -4-th Street Tukwila, WA 981 68 -1 91 3 206 - 763 -1712 Sirs: DC• Rebecca Fox 6300 Southcenter Blvd Tukwila, WA 98188 I am writing in opposition on the zoning change of the property located at South 115th Street and 40th Avenue South. The Health of Walker Hill The Hill is correctly named Walker Hill in most plot and geological maps. The area is commonly called 'Poverty Hill'. This name is used by all, but this name is used for a historically residential area. This area has seen little change. It is only in the last year that to the west of the property the historical house that served as a store to the original settlers of this valley was demolished and replaced by containers that have been wired with temporary service poles and served With portable toilets. Hardly a development worthy for any • neighborhood. The new park opening signals to all who pass on South 115th Street the changes that are uplifting Walker Hill. We have seen many properties remodeled, some to be sold to folks eager to join a community that is centered on the services and employment of the Greater Seattle Metropolitan .Area. We know that the 'Old AG' warehouse is a development site that will greatly improve the area, perhaps including a light rail station. My thinking is that the health of Walker Hill will be harmed by a development that is not residential. The county would entertain the permit process for septic tanks for a residential project. Water and power is available. The property is developable as a residential project. I wish to point out that perhaps some property owners of Walker Hill may have thoughts of using their future appreciation values of their holding. How can this best be served? I point to the `AG' property and the vast plan unveiled by the Segale Family. These projects have ample space and plans for office buildings, they do not need residential property for office space. What they will need is housing for the new employees to serve these projects. My thought is the office project will not provide value to residential property owners; indeed, this office project will detract from this homogeneous believe the 'ducks are now in a row' and l think it is time for the zoning board to support the residential nature of our community and the property owners investments. -, • :/• Stanley'G FJbf#tnan 76 87 December 22, 2009 Josh Johns E. Cobb Architects 911 Western Avenue #318 Seattle, WA 98104 Dear Mr. Johns, ar�i.'s ?lid F PCI _'a`_'t071 .D ,a'rtn,cne S ? t't=".tch: - I agree with your assumptions that by rezoning two parcels (335140005 and 1023049072) to Office zone would benefit the City of Tukwila's shoreline and the Duwamish Riverbend Park property. The Tukwila Parks system would also benefit with the donation of the riverfront property (1023049063). It is my suggestion to schedule a meeting with myself and the Directors of Public Works and Department of Community Development to further investigate the proposed zoning change and land donation.. Please feel free to contact me at (206)767 -2343 if I can be of further assistance Sincerely, (16, Q0, Bruce Fletcher, Director Tukwila Parks and Recreation Department 12424 4=nd Aven:le South Tukwila, WA 98168 (zo6) 767 -234z * bruce @ci.tukwila.wa.us • ATTACHMENT 2 MACADAM, LLC COMPREHENSIVE PLAN / ZONING MAP Cit oukwila Community Affairs & Parks Committee O Joe Duffle, Chair O Joan Hernandez O Verna Seal Distributi J. Duffle J. Hernandez V. Seal D. Robertson Mayor Haggerton S. Lancaster E. Boykan S. Brown J. Ferrer -Santa Ines tit B. Giberson M. Hart S. Hunstock D. Johnson S. Kerslake K. Kertzman G. Labanara K. Matej M. Miotke C. O'Flaherty N. Olivas J. Pace D. Speck R. Still. J. Trantina B. Arthur C. Parrish D. Almberg S. Kirby S. Norris AGENDA MONDAY, AUGUST 23, 2010 CONFERENCE Room #3, 5:00 PM IN 202010 D OPi IT Next Scheduled Meeting: Monday, September 13, 2010 Committee Goals: • Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different cultures represented within the Tukwila community. • Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential neighborhoods. • Provide legislative support and encouragement to Tukwila residents living in rental communities through programs that hold owners and /or property managers accountable for providing safe places to live through the implementation of a rental licensing program. • Formulate an Adopt -a- Neighborhood program that will provide Councilmembers the opportunity to become more familiar with the changing faces of communities and neighborhoods throughout the City. • Ensure a commitment to continued human services funding in relation to the cost of living through consistent review of regional, state and federal budgets affecting human services progams and services (also assigned to F &S). • Research the viability of sponsoring a City-wide Citizens' Academy (also assigned to F &S). 15. The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 (TDD 206- 248 -2933) for assistance. ¢rin°+41ei! "Action. Pages 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Renewal of gambling moratorium. a. Forward to 9/13 C.O.W. Pg.1 Jack Pace, Community Development Director and 9/20 Regular Mtg. b. Comprehensive Plan amendments. b. Forward to 9/13 C.O.W. P9.5 Jack Pace, Community Development Director and 9/20 Regular Mtg. c. Recommendation for Use of City Property c. Forward to 9/13 C.O.W. Pg.157 Steve Lancaster, City Administrator and 9/20 Regular Mtg. d. 2010 Parks & Recreation programs. d. Information only. Pg.171 Rick Still, Parks & Recreation Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, September 13, 2010 Committee Goals: • Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different cultures represented within the Tukwila community. • Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential neighborhoods. • Provide legislative support and encouragement to Tukwila residents living in rental communities through programs that hold owners and /or property managers accountable for providing safe places to live through the implementation of a rental licensing program. • Formulate an Adopt -a- Neighborhood program that will provide Councilmembers the opportunity to become more familiar with the changing faces of communities and neighborhoods throughout the City. • Ensure a commitment to continued human services funding in relation to the cost of living through consistent review of regional, state and federal budgets affecting human services progams and services (also assigned to F &S). • Research the viability of sponsoring a City-wide Citizens' Academy (also assigned to F &S). 15. The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 (TDD 206- 248 -2933) for assistance. • City of Tukwila TO: FROM: Jack Pace DATE: August 12, Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Community (f fairs and Parks Committee SUBJECT: Moratorium on social card game gambling uses. ISSUE Renew the moratorium on "mini- casinos ". BACKGROUND On March 22, 2010, the City Council passed Ordinance 2279 adopting a six -month moratorium on the establishment of social card game gambling activities. A public hearing on the issue of the moratorium was held on May 3, 2010 and after the public hearing the City Council passed Ordinance 2286 adopting the findings of fact justifying the adoption of the moratorium. The six - month moratorium is effective until September 22, 2010. Ten years ago the City Council adopted an ordinance that prohibited new social card game establishments but permitted existing licensed social card game businesses to remain as legal non- conforming land uses. Subsequent to that in 2003, Division I of the Court of Appeals issued its opinion in Edmonds Shopping Center Assoc, et al. vs. City of Edmonds, which affirmed that cities may absolutely prohibit any or all gambling activities, but called into question cities' ability to exercise zoning or other general police powers over licensed gambling activities. At this time the state gambling regulations (chapter 9.46 RCW) only permit local jurisdictions to completely prohibit card room uses, including those previously established, or allow them anywhere food and drink establishments are permitted. There was a recent amendment to the state law that allows social card game businesses established prior to annexation into .a city and licensed prior to July 26, 2009, to continue to operate even though gambling may be prohibited in that jurisdiction. DISCUSSION The city is currently engaged in the state legislative process for more local control regarding the location of these uses and the current moratorium will expire before the legislative process is completed. If local control is achieved through the legislative process then additional research will be done to assess which zones should allow social card gambling activities. Staff is currently engaged in reviewing the implications of banning social card rooms, should the City's legislative efforts fail. MD Page 1 of 2 08/16/2010 H: \Gambling moratorium \CAP memo 8- 23.doc INFORMATIONAL MEMO Page 2 At this time there are three existing card rooms operating in Tukwila; Golden Nugget, Great American Casino and Riverside. The city has been informed that Silver Dollar is now closed. Nevada Gold & Casinos, Inc. of Houston, Texas has recently acquired Golden Nugget Casino located in Tukwila along with five other mini - casinos in Washington. The newspapers have reported that Nevada Gold decided not to pursue the acquisition of the Silver Dollar Tukwila due to consistent losses. Enacting a complete ban would make the existing establishments illegal. However if the ban is lifted, under the City's current zoning code, card room uses will be allowed in all zones that allow food and drink establishments. Currently, restaurants with cocktail lounges are permitted in all commercial and industrial zones, except for Residential Commercial Center where they are a conditional use. There are a number of jurisdictions that prohibit gambling activities. According to the information received by staff from the state gambling commission, if there is a complete ban the commission will rescind the license issued to any existing establishment that may have an existing license from the gambling commission. Renewing the moratorium is necessary as staff continues to be engaged in the legislative process and continues to study and come up with options related to zoning regulations involving food and eating establishments where social card gambling activities could be allowed. Also, it is important to prevent vesting of any new applications while legislative amendments are pursued and to maintain the status quo. RECOMMENDATION Forward the ordinance renewing the moratorium on mini - casinos to the Committee of the Whole for a public hearing on September 13, 2010. ATTACHMENTS Ordinance renewing moratorium on mini - casinos for an additional six - months. 2 H:1Gambling moratorium\CAP memo 8- 23.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM ON THE FILING OF APPLICATIONS FOR DEVELOPMENT PERMITS FOR FOOD OR DRINK ESTABLISHMENTS CONDUCTING SOCIAL CARD GAME GAMBLING ACTIVITIES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, on March 22, 2010, the Tukwila City Council passed Ordinance No. 2279, which declared an emergency necessitating the immediate imposition of a moratorium on the filing of applications for building permits, development permits, or any other permits or approvals required for food or drink establishments seeking to conduct new social card game gambling activities, or to expand existing social card game gambling activities, whether as a principal use or as an accessory use, as more particularly described in Ordinance No. 2279; and WHEREAS, on May 3, 2010, the City Council held a public hearing on the moratorium as required by RCW 35A.63.220, and adopted findings of fact justifying the adoption of the moratorium; and WHEREAS, cities and counties are authorized to: (1) tax certain gambling activities; (2) enact as local ordinances any of the state gambling statutes, the violation of which constitutes a misdemeanor or gross misdemeanor; or (3) prohibit any or all gambling activities for which licenses are required; and WHEREAS, there are three existing card rooms operating in Tukwila that generate significant gambling tax revenues for the City; and WHEREAS, at least one business has expressed an interest in acquiring a State license to operate an additional social card game in Tukwila and this business venture has called into question the ability of the City to prohibit future card room uses while allowing legal non - conforming social card games to remain; and WHEREAS, the City Council established a six-month moratorium to prevent the vesting of any new applications and to maintain the status quo while alternatives are studied and considered; and WHEREAS, the City is currently engaged in the state legislative process for more local control of the siting of gaming establishments and the current moratorium will expire before the legislative process is completed; and WHEREAS, if local zoning control is achieved through the legislative process, additional time will be required to research which zones should allow social card game gambling activities; and WHEREAS, the City continues to study zoning regulations involving food and eating establishments and where social card game gambling activities could be allowed; and WHEREAS, if local control is not achieved through the legislative process, staff needs additional time to research and review secondary adverse impacts, if any, related to allowing social card game gambling activities in all zones; and WHEREAS, renewing the moratorium for another six months is in the public interest and promotes orderly land development in the absence of a moratorium; and C: \Documents and Settings \melssa -h \ Desktop \Tukwila - Gambling Moratorium - renewal.docx MD:mrh 08/16/2010 Page 1 of 2 WHEREAS, state law ( RCW 35A.63.220) authorizes the City Council to adopt land use moratoria; and WHEREAS, the City SEPA Responsible Official has previously determined the moratorium is exempt from SEPA under RCW 43.21.030(2)(c), and the City may proceed with the moratorium pursuant to WAC 197- 11- 800(14)(h); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed upon the filing of applications for building permits, development permits, or any other permits or approvals required for food or drink establishments seeking to conduct new social card game gambling activities, or to expand existing social card game gambling activities, whether as a principal use or as an accessory use. For the purpose of this ordinance, the definition of "development permits" in Ordinance No. 2279 is hereby adopted by reference as if fully set forth herein. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on September 13, 2010 to receive testimony regarding the moratorium. Section 3. Findings of Fact. In accordance with RCW 35A.63.220, which requires that the City Council adopt findings of fact justifying the adoption of a moratorium, the "WHEREAS" clauses set forth above are hereby adopted as the City Council's findings of fact and are by this reference incorporated herein as if set forth in their entirety. Section 4. The moratorium renewed herein shall be in effect until March 22, 2011 unless extended by the City Council pursuant to state law. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Declaration of Emergency - Effective Date. For the reasons set forth above, and to promote the objectives stated herein, the City Council finds that a public emergency exists, necessitating that this ordinance take effect immediately upon its passage by a majority plus one of the whole membership of the Council in order to protect the public health, safety, property, and general welfare. This ordinance shall take effect and be in full force immediately upon passage by the City Council. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2010. ATTEST/AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: C: \Documents and Settings \ melissa-h \ Desktop \ Tukwila - Gambling Moratorium - renewal.docx MD:mrh 08/16/2010 Page2of2 4 TO: • • City of Tukwila Department of Community Development INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace DATE: August 16, 2010 SUBJECT: 2010 Comprehensive Plan Amendments and Rezones ISSUE Jim Haggerton, Mayor Jack Pace, Director The Washington Growth Management Act allows a jurisdiction's Comprehensive Plan to be amended once each year, except in case of emergency. This memo provides information on the Planning Commission's recommendations for two Comprehensive Plan amendments and three rezones under review this year. It requests that the amendments are forwarded to the City Council for a briefing, public hearing and action. BACKGROUND Process to date: The City Council took comments from the public at a public meeting on June 28, 2010 and took action on July 6, 2010 to forward the Comprehensive Plan amendments to the Planning Commission for staff review, public hearing and recommendation. After holding a hearing on July 22, 2010, the Planning Commission made recommendations, and is forwarding the issues back the City Council for a last public hearing and final action. After taking comments from the public at a hearing, the Council may: • Adopt a proposed amendment by ordinance; • Adopt a modified version of a proposed amendment by ordinance; or • Reject the amendment. Consideration of a site - specific map amendment is a quasi-judicial decision. Consideration of an area -wide zoning map change is a legislative decision. At each stage in the review process, staff has tried to encourage public involvement. Public meetings and hearings were advertised in the newspaper, and put on the City's website. Individual sites were posted with notices of applications and meetings. Staff met statutory notification requirements in providing mailings to owners and occupants within 500' of the proposed map and zoning changes. rf Page 1 of 7 H: \COMP PLAN 2009 - 2010 \CC.Hearin: -- Final.Action -- 9.10 \CAP\M.edits -- 8.17.10 08/18/2010 • • Organization of Informational Materials Exhibits 1 -6 provide basic information to accompany the informational memo. Attachments 1 -3 include complete planning Commission staff reports, and draft ordinances that reflect the Planning Commission recommendations for each of the Comprehensive Plan amendment/Zoning code amendment requests respectively. DISCUSSION 1. Wooden LLC__ Amend Comprehensive Plan/Zoning Map on two parcels, including: 1) Manufacturing Industrial Center/Light to Office; and, 2) Low Density Residential (LDR) to Office • File #L09-064---Comprehensive Plan Amendment • File #L09- 065 -- Rezone The applicant, Wooden LLC, requested to redesignate two parcels, including: 1) Manufacturing Industrial Center —Light (MIC /L) to Office (0) at 3912 S. 115th; and, 2) Low Density Residential (LDR) to Office at 3914 S. 115th. The parcels are located generally at the southeast comer of the Duwamish Riverbend Hill park property. The parcel that is currently zoned LDR is vacant. The parcel zoned MIC/L is now used as a construction storage yard. The applicant offered to donate a third, small parcel across S. 116th on the river. This is not part of the Comprehensive Plan amendment/rezone consideration. (Exhibit 1, pp 1 &2) (Exhibits 2 & 3) The applicant requested Office designation in order to construct an office or similar development on two parcels. Applicant's reasons for the rezone request were: a) The site is more developable if combined with the adjacent lot; b) Uses that are allowed in the proposed Office zone, such as office or gallery, would provide a transition with fewer impacts to the residential neighborhood than uses, such as manufacturing and auto repair,that could be built under the current the MIC/L zoning; c) It is more economical to build a three story building and the maximum building height in the proposed Office zone is 35'/3 stories, compared with the existing 45'/4 stories in the MIC/L lot, and 30'in the LDR lot. There were concems raised at the public hearing related to parking and access. Future development would be required to provide parking on site, and access would be limited via S. 115th, rather than through the adjacent residential neighborhood. (Attachment 1) Planning Commission Recommendation -- Comprehensive Plan (File # L09 -064) • The Planning Commission voted to deny the request to redesignate two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) Planning Commission Recommendation -- Rezone (File# L09 -065) • The Planning Commission voted to deny the request to rezone two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) rf 2 r.r.%r•rn l nt A 10 -IAAA -tAl f1PY` U- --: -.. C: - -1 A- .:.... A I l' I A O !.t -.i:.w 0 1.7 t o 08/18/2010 6 2. Macadam LLC— Redesignate parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) • File #L09- 067 — Comprehensive Plan • File #L10-002—Rezone The applicant, Barry Becker, is requesting to redesignate one parcel from Commercial/Light Industrial to Medium Density Residential (MDR) at 4300 S. 133`(1 Street, Tukwila, WA (Parcel # 261320- 0131). The majority of the vacant property contains environmentally - sensitive areas, including a Type 2 stream, a Type 2 wetland, and their associated buffer areas. It also includes a steep slope with moderate potential for geologic instability. (Attachment 2 A) The property in question is immediately adjacent to a lot that is designated LDR, and that contains a single - family residence. The subject property is vacant except for a garage that serves the single - family home on the adjoining lot. The redesignation is sought in order to allow housing, rather than commercial/light industrial uses to be built adjacent to a Low Density Residential zone. Given the many environmentally - sensitive areas on the site, housing is considered to be a more appropriate use than commercial or light industrial activities. Medium - density residential would provide a better transition to the adjacent low density residential area, than the current commercial and light industrial uses that could be built under the current zoning. Medium Density residential allows up to 14.5 units per acre. In light of the site's streams, wetlands and slopes, it is likely that a maximum of five units could be built on the property, either as town homes or duplex, triplex or four -plex. If desired, a planned residential development could be built on the site in order to encourage imaginative site design by clustering homes, and to create open space in the future development that keeps features of the natural environment for the enjoyment of future residents. The property is the site of an ongoing code violation for removing vegetation and placing illegal fill in the stream buffer, and wetland buffer. The applicant applied for and has received a 50% buffer reduction that allows him to perform the required work on the site to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation, increase developable space on the site, and improve the wetland buffer. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction decision, and to proceed with consideration of the Comprehensive Plan amendment and rezone. Future multi - family development would be subject to design review, traffic impact and noise review. Planning Commission Recommendation -- Comprehensive Plan (File # L09 -067) • The Planning Commission voted to approve the request to redesignate a parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) shall be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial /Light Industrial without further legislative action. 2) In the event that the rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial/Light Industrial without further legislative action. A draft ordinance adopting the Comprehensive Plan map change per the Planning Commission's recommendation is included as Attachment 2 B Planning Commission Recommendation -- Rezone (File# L10 -002) • The Planning Commission voted to approve the request to rezone the parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) as a contract rezone with the following conditions: 1. All requirements of the following contract rezone must be met including:_ • All code violation issues, including the conditions outlined in the Special Permission Director (File # L09 -014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. c. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 2 C. Tukwila South Annexation — Establish Zoning for Recently- Annexed Area • File #L10- 035— Zoning Issue: Annexing portions of the Tukwila South Project Area inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. The recommended zoning change corrects the issue. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as described in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use map and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are required to be consistent. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will also specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, a supplemental, "overlay" zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic ( "underlying ") zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. (Attachment 3 A) rf 4 08/18/2010 8 When the southernmost part of the Tukwila South Project Area was annexed to Tukwila, the Tukwila South Overlay zone became the applicable zoning for the annexed area. However while the Tukwila South Overlay supplements zoning under certain circumstances, it does not replace the underlying zoning. When the Tukwila South Project Area was annexed, the Comprehensive Plan designation was already in place, but identical zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had Comprehensive Plan designation and zoning, but the new annexation area had only Comprehensive Plan designation, and no underlying zoning. In addition, the new annexation area could be left without zoning in the event that the Tukwila South Development Agreement terminates before its term. The proposed amendment to the zoning map corrects the problem, by establishing zoning in the area that was annexed without underlying zoning, and making the new zoning consistent with Comprehensive Plan designations that were in place before the annexation occurred. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are the same, including: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). Planning Commission Recommendation: -- Rezone (File #L10 -034) • Establish "underlying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 3 B. RECOMMENDATION The City Council is being asked to hold a public hearing on these items at the September 13, 2010 Committee of the Whole meeting, and to take action at the subsequent September 20, 2010 Regular Meeting. ATTACHMENTS Exhibits: 1.Planning Commission Minutes (draft) 7/22/10 2.Zoning Map — Wooden LLC 3.Aerial Map — Wooden LLC 4.Zoning Map — Macadam LLC 5.Aerial Map — Macadam LLC 6.Zoning Map — Tukwila South Annexation Area Attachments: 1. #L09 -064and #L09- 065— Manufacturing Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) a. Planning Commission Staff Report (7/22/10) a • •. 2. #L09 -067 andt #L 10 -002— Macadam LLC— Commercial /Light Industrial (CLI) to Medium Density Residential (MDR) a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance — Comprehensive Plan c. Draft Ordinance--Zoning 3. #L10- 035— Establish Zoning in Tukwila South Annexation Area a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance -- Zoning rf 6 08/18/2010 10 • • PLANNING COMMISSION (PC) PUBLIC HEARING MINUTES JULY 22, 2010 The public hearing was called to order by Chair Arthur at 6:30 PM. Present: Representing City Staff: Exhibit 1 Chair, Bill Arthur; Vice - Chair, Margaret Bratcher; Commissioners, George Malina, Lynn Peterson, Brooke Alford, Thomas McLeod, and Louise Strander Minnie Dhaliwal, Rebecca Fox, and Wynetta Bivens Chair Arthur noted that there was no one in the audience to testify,ad that staff was not present to give the presentation. COMMISSIONER MALINA MADE A MOTION TO APT THE PUBLIC HEiG MINUTES FROM JUNE 24, 2010. COMMISSIONER°1$RATCHER SECONDED TI►!IOTION. THE MOTION WAS UNANIMOUSLY APPROYE'1f Staff noted that the public hearing notice that was mailed outiiWil, ,a, ast meeting start time of.-7:00 PM instead of 6:30 PM Staff also noted that the applicants were exp tet t 7:00 PM, and requested that Case Number L10-034 be heard first on thtlagenda. Chair Arthur recused himself from hearing by the developer of the Tukwila South annexa rbn ar€ ect. h„ber L10 -034, at 64: because he is employed Chair Pro -Tem Bratcher opened the public hea Ong for_ ase Nu - 34. FILE NUMBER: APPLICANT: REQUEST: LOCATION: Lr0 :034 City of TCi1a z%Establish ng consistent wiathConiprehensive Plan designations in the �' °uk_wila Math annexation area 161ST artI ; _;a,; es, gene ily located between: South 188t Street on the nort 7Sbuth 214 triel llit' south; Orillia Road and Interstate 5 on the west; � sand thEGrien River on ifiereast. ri3etdj0 0 .iteiliecca Fox, Senior Iaj;, Deparlitiat o Community Development, gave the presentation for staff. St Recommendation: ablish "ri ying" zoning that is the same as the Comprehensive Plan desifiallops within the Tulorl° SouthMaster Plan area that was annexed to the City of Tukwila per Ordinar`(r " .2,241. • There was n&jjjc testimoij Staff apologized to~lommission for the confusion regarding the public hearing start time There were no further comments. The public hearing was closed. The Planning Commission deliberated. COMMISSIONER MALINA MADE A MOTION TO FORWARD A RECOMMENDATION FOR APPROVAL ON CASE NUMBER L10 -034 WITH STAFF'S FINDINGS, 11 Page 2 of 6 July 22, 2010 PC Minutes • . RECOMMENDATIONS, AND CONCLUSIONS, TO THE CITY COUNCIL. COMMISSIONER STRANDER SECONDED THE MOTION:FALL WERE IN FAVOR. Chair Arthur returned to the Council Chambers at 6:52 PM and resumed his position as Chair. Chair Arthur opened the public hearing. Chair Arthur swore in those wishing to testify. Staff reiterated that the public hearing notice mailed to the public had a meeting start time of 7:00 PM instead of 6:30 PM. Chair Arthur called a recess at 6:55 PM in order to allow the second iii lieuhearing case number L09- 064 to start at 7:00 PM, and allow those wishing to testify time to arj. ve. Chair Arthur re- convened the public hearing at 7:00 PM. N atx vals wishing.- Mestify were sworn in FILE NUMBER: APPLICANT: REQUEST: LOCATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: L09 -064 Wooden LLC Amend Comprehensive Plan designation on-Go—lots, Tots, including 11from Manufacturing/Industrial Center-Lie: -L) to Office (Tax #1023049072); and 2) Low Density , esidential (LDR) to°:9ffi.ce (0) (Tax #3351400005) 3914 S. 115t St., Tinaµ WA 98188 L09 -065 Wooden LLC Amend,Zoning Map desig a, gi on tw011it Yiincluding 1) from 1Vattrc�cg/Industrial Center -Light (M�IC -L) to Office (Tax #1023049072); 'Aid 2) Low ,hsity ResidenfiaJ (LDR) to Office (0) (Tax #3351400005) 11564t., Tukwila, Wk�9A188 Rebecca Fox gav, a ie presentaiifln'ib h te<1r'that the Washington Growth Management Act allows amendixYenC , omp ensive Plan an fhe Zoning Code once a year This year there are three requests for the CaThjssion fireu, and then forward their recommendations on to the City Council,,. v.. 0 The applicaii shes to obtain`l ice detignation for two parcels in order to construct an office or similar building. StatiVieyes that larg'- daytime uses that are allowed in the proposed Office zone, such as office, would prow e.a better transition with fewer impacts to the residential neighborhood than uses, such as manufacturini d au,t 'repair, that could be built now with the MIC/L zoning. Maximum building heights in the' ed Office zone are 35'/3 stories, compared with the existing 45'/4 stories in the MIC/L lot, and 30'in ire LDR lot. The applicant has offered to donate a third small, vacant riverfront parcel to the City. Ms. Fox stated the donation would not be a part of the consideration for the re -zone. Parcel one, in a manufacturing area is separated from other manufacturing uses, and is currently being used as a construction storage yard, a permitted use in the MIC /L zone. The applicant has requested to retain this use as a legal, non- conforming use for a maximum of two years if the Office-designation is approved. In light of the poor economy, retaining the use for a maximum of two years would allow time to prepare for development. If conditions are not met, the Office zoning would be void and the former zoning would revert. Staff Recommendation: Approval with four conditions as listed in the July 22, 2010 staff report. 12 Page 3 of 6 July 22, 2010 PC Minutes Commissioner Alford asked for clarification on the height for Office compared to MIC/L, and discussion followed. Commissioner Arthur asked if both parcels are entirely within the 200 foot shoreline management zone, and staff confirmed that it is. He also asked if anything was allowed to be built as it currently exist, and staff responded that they are not sure. Staff will follow -up on Commissioner Arthur's inquiry, and provide information regarding when the Shoreline Master Program will be adopted by the Department of Ecology. PUBLIC TESTIMONY: Frank Firmani, applicant stated it is his goal to construct a smart, intelligent, green, and friendly development that fits in with the park and the adjacent neighborhood.,; rmani said that the donated parcel will become part of the river front trail. He said that a mixeclaite build pion the site would not work economically. Mr. Firmani also commented that he has met wa "th staff in: &Parks and Recreation Department in the past, and that they are supportive of the projecl.w..t, Eric Cobb, Architect, for the applicant, said that the implibt of the MIC /L property ont`l e" ark is a significant one. He said that carefully considered landscap rg require tints and landscap ttlffers between the park and property could significantly ease the ti Sitioaitif th development. He also said that the donated parcel is a substantive improvement to the community and the park. Kathy Desjardin, citizen, asked if there wool a benefit to the city to put an office building in between a park and residential area She raises` dtother questions7aid she would prefer that the zoning not be changed. Ms. Desjardin said chat slierc,,ceived the pub1 Pi otice on July 7th and it had a comment deadline of June 21. aeomeaxem Denise Meyers, citizen, saitdtlidtr _ging the parcels would be aiiegative impact on the surrounding neighborhood significance She said that increased traffic in the area would be a safety issue for the residents. She also said' "" .uld be a' uge impact to the.: septic system for the park and the residents in the neighborhood. Ms. Meyerrsaid te�,donated land to e City would not be beneficial. She also commented that. there is no pain iewaa Mark Lind, citizen, itr on wliRlier there has been a traffic mitigation study. He said that the proposed arcel to be donate-64o the Crqjliakes no sense. He said that the biggest issue he is worried about-Cs-Mc safety, due to mount trFtraffic that would be leaving the area daily. Georgina Ka citizen, said that, ere should not be this type of building constructed in the neighborhood beeait is out p°oontext and place. She said that it would increase run -off, increase danger to pedestrianW64 thatdfis too close to the residential area. Ms. Kerr supports maing the existing zoning. REBUTTAL: Ms. Fox addressed the comments given by the citizens. She said that any development must meet code. She stressed that there is a range of activities, such as auto repair and manufacturing that are currently permitted under the MIC /L that could be built now. Under the Office re -zone there is also a range of activities that could be built and it doesn't have to be an office building. She said that traffic access would be from S. 115th, rather than on a residential street to avoid impact on the neighborhood, and that all parking would be on site to meet code requirements. With careful site design, future development could be placed away from the neighboring LDR uses to minimize impacts. She said that a stop sign at the site would contribute to safety. She also said that any new development would be required to handle the run -off on site. Several questions were addressed. 13 Page 4 of 6 July 22, 2010 PC Minutes There were no further comments. The public hearing was closed. Chair Arthur thanked the commissioners for indulging him and allowing the public to exceed the five minute testimony time limit. He said that the commissioners get a perspective from the community when they get public input, which they are not privy to with just a staff report and input from property owners. He said that he appreciates the people who take the time and effort to provide the public input, and five minutes just doesn't do it sometimes. He also said that the exchanges tonight between the public and staff were well worth hearing. The Planning Commission deliberated. APPne Chair Arthur clarified that the Planning Commission would make a:,Iecommend elation to the City Council and that the City Council will make the final decision. Commissioner Peterson said he thinks that a re -zone to.Office use would create fewer „�nz ,pg„js, and it seems more functional than the MIC/L use He also sa>3` a there way o compelling e aerie e to deny the proposed re -zone, and he is in support of the re -zone. """ ,,,,,,,,, Commissioner McLeod said if he was to summarize it, he woult the way that Commissioner Peterson summarized it. He also said that sta gumentation listi t the current use of the MIC/L could be, and how it could or wouldn't change" je zoned, was v ielpful. WM. -mostwaxiagra Commissioner Alford said for the record, she ha read lhl?` sa e_ y tfioroughly and that she appreciates all of the information. that was presented fie said ifthe iiew zoning is approved that she hopes the property owner yir91`ii Ito what he hasroposed. Sere said that it is probably the best solution when looking awe allowedJs for the MIL She said what is there now makes for a disturbing view from #kand shvould be in supportof whatever they could do to get rid of it She said that she has a problem vrn'th.two .ears of the c t ent use if it is re -zoned for the applicant, and that it would be a,. a hu�. allowairr d agome.ind of visual mitigation should occur and something be a ordp y b°.the citiz , in the coninThagy. Staff sa"df there is consensus among tiinission, they could amend condition # 2 of the proposed to requf a ype of screening CommissioneTrthur said thaje does not see any compelling reason for the re -zone, but he sees a number of reasoli Ito approthe change. He went over the six bullet items in section #4, page 6 in the staff report, and` ae,explariation on his opposition with each of the statements. Commissioner Arthur also said that he' 6ime questions regarding the appropriateness of the public notice. Commissioner Strander said that she concurs with the comments made in appreciation of the testimony. She said that she has reviewed the Zoning Code and all of the different uses that could be applied to the Office designation. She said she also concurs with Commissioner Alford regarding the applicant meeting all of the traffic requirements, and Commissioner Arthur's comments regarding the notice. Commissioner Bratcher said it needs to be kept in mind that they may be setting precedent for temporary zoning to flip flop back and forth. She said that either they should change the use, or they don't. She also said that she has a slight problem with changing the use and allowing non - conforming use. 14 Page 5 of 6 July 22, 2010 PC Minutes • • COMMISSIONER MAUNA A MOTION ON L09 -064, COMPREHENSIVE PLAN AMENDMENT AND L09 -065, RE- ZONE, TO FORWARD THE RECOMMENDATION TO THE CITY COUNCIL TO DENY THE OFFICE USE AND STAY WITH THE MIC/L. COMMISSIONER MCLEOD SECONDED THE MOTION. COMMISSIONER ARTHUR CALLED FOR A HAND VOTE, AND THE REQUEST WAS DENIED, FOUR TO THREE. COMMISSIONERS PETERSON, ALFORD, AND STRANDER VOTED IN FAVOR OF THE RE- ZONE. There were no further comments. The public hearing was closed. The Planning Commission deliberated. Chair Arthur opened the public hearing. FILE NUMBER: L09 -067 APPLICANT: Macadam LLC REQUEST: Amend Comprehensive Plania cation frog ommercial/Light j dustrial (C/LI) to Medium Density Residerifi !IDR "(Tax# 2613200134) LOCATION: 4300 S. 133`' St., Tukwila, WA FILE NUMBER: L10 -002 APPLICANT: Macadam LLC REQUEST: Amend Zoning Map de natiof m Commercia 7Light Industrial (C/LI) to Medium Density Resides al (MDR) (14r .26 ,132200131) LOCATION: 4300.5 ;+33rd St., Tukwila;. Rebecca Fox gave the entation f &staff. The intent is to provide a better transition between Commercial/Light Indu" stilton the East and single faitiy„housing on the West by constructing housing. Approximately 80 % of the perry; Aland or buffe and 20% can be developed, which would allow four to five units . -.n.. M...,4.... +47.41m,........... ..•. ... .. Staff recommendation: AMoval o Dntract rezone with the following two conditions: A 11 code violationWcs, includ n the conditions outlined in the Special Permission Director (F` le..# L09 -014) is to a,e completed by the applicant and finalized by the City of Tukwila by Dec r fiber 31, 2010. (Iajje staffreport, the deadline was December 1, 2010, but staff extended it to Deemer 31, 2010, x the applicant's request.) B) In the evenhat the above condition is not met by the deadline above, the rezone shall be voided. Medium det esi5 r tial zoning shall revert to Commercial /Light Industrial without further legislative action: There were no further c &mments. Berry Becker, applicant, commented that existing trees provide some noise buffer in the area. Staff stated that noise impacts from Sound Transit should be considered if housing is built in the future. There was no public testimony. The public hearing was closed. The Planning Commission deliberated. 1 Page 6 of 6 July 22, 2010 PC Minutes • • COMMISSIONER MALINA MADE A MOTION TO FORWARD TO THE CITY COUNCIL APPROVAL FOR L09 -067, COMPREHENSIVE PLAN AMENDMENT, AND L10 -002 RE- ZONE, BASED ON STAFF'S FINDINGS, CONCLUSIONS, RECOMMENDATIONS, AND CONDITIONS, WITH A REVISED DEADLINE OF DECEMBER 31, 2010, ON CONDITION "A ". COMMISSIONER BRATCHER SECONDED THE MOTION. ALL WERE IN FAVOR. DIRECTOR'S REPORT • The Commission was informed that the Community Development Director continuing work on the budget. • A Light Rail community meeting was held last month and Sound Transit staff briefed the Sound Transit Board. The meeting can be reviewed on -line. AbblikY • There was inquiry from Commissioner Peterson on when the TU" meetings will resume. Staff will follow up on this, and have a schedule provided to the Pj nj Commission. Meeting Adjourned: Submitted by: 9:32 PM Wynetta Bivens Secretary beet* AO. nubby artia max. Irma • 16 L09-064 Comprehensive Plan amendment — Manufacturing Industrial Center/Light (MICIL) to Office (0), and Low Density Residential (LDR) to Office (0) L09-065 Rezone—Manufacturing Industrial Center/Light (MICIL) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing industrial. Center (MICIL) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay r%%4 0► - .r Zoning Lines EXHIBIT 2 Wooden LLC roo' • • LDR - -- d Proposed GUI to MDR L09 -067 Comprehensive Plan amendment -- Commercial /Light Industrial (C/LI) to Medium Density Residential (MDR) L10 -002 Rezone -- Commercial /Light Industrial (C/LI) to Medium Density Residential (MDR) 4/1 Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) EXHIBIT 4 I �nnnrinrvl 1 1 r Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South Li Light Industrial HI Heavy Industrial Overlays and Sub Areas sot It= 153 Tukwila City Limits Annexation Area !Establish Underlying Zoning Tukwila South Overlay District EXHIBIT 6 SW 43 St Establish Tukwila South Annexation Area Zoning H:1PI.ANNING;Comp Plan & Zone Amend12010 com rove arnendiEstab tuk south overlay disl letter line.mxd • • ATTACH M ENT= WOODEN, LLC COMPREHENSIVE PLAN / ZONING MAP • • • ATTACHMENT 1 A STAFF REPORT- - TOTHE PLANNING COMMISSION HEARING DATE: July 22, 2010 NOTIFICATION: Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 Site posted, 7/12/10 FILE NUMBER: L09 -064 (Comprehensive Plan Amendment) L09 -065 (Rezone) APPLICANT: Wooden LLC REQUEST: LOCATION: Amend Comprehensive Plan/Zoning Map on two parcels, including: 1) Manufacturing/Industrial Center —Light (MIC /L) to Office (0); and 2) from Low Density Residential (LDR) to Office (0) Vicinity of 3912 S. 115th St., Tukwila (Tax Parcels #1023049072 —MIC /L & #3351400005- -LDR) COMPREHENSIVE PLAN DESIGNATION: Manufacturing /Industrial Center —Light (M/IC -L) and Low Density Residential (LDR) ZONE DESIGNATION: Manufacturing/Industrial Center —Light (M/IC -L) and Low Density Residential (LDR) SEPA DETERMINATION: Determination of Non - significance (DNS), 7/21/10 STAFF: Rebecca Fox ATTACHMENTS: A. Application (L09 -064)— Comprehensive Plan B. Application (L09- 065)— Zoning Map Change C. Minutes —City Council Regular Meeting(7/6/10) D. Aerial vicinity with zoning E. Zoning map F. Use comparison by zone G. Development Standards comparison by zone H. Comment letters Rf 1 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Wooden-- No.P.R.0. - -- 7.14.10 p.m..doc 28 FINDINGS Background and Project Description The applicant Wooden LLC seeks to amend the Comprehensive Plan and zoning designation on two lots located southeast of the Duwamish Riverbend Hill Park, generally located at 3914 S. 115th Street, Tukwila, WA. (Attachments A and B) Parcel 1, currently zoned MIC -L, is immediately adjacent to Duwamish Riverbend Hill Park. It was envisioned as part of the Park in the 2007 Duwamish Riverbend Hill Park. The property is now serving as storage for construction equipment, a permitted use in the current MIC /L zone. The second lot, Parcel 3, is located at the western edge of the residential neighborhood, and is zoned Low Density Residential. It is now vacant, but at one time it contained a single - family house. The applicant is requesting to rezone both properties to Office (0), with the wish to create a development opportunity that will "both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use." The goal is to construct an office building. No specific project information has been provided. Any project is subject to development review under the Office zoning. Design review and SEPA/environmental review would take place when a project is proposed. The applicant has offered to donate a third small property, Parcel 2, to the City of Tukwila for the purposes of shoreline and riverbank enhancement and trail development if the proposed Office rezone is approved. The lot is located adjacent to the Duwamish River and lies across S. 115th Street from the properties that are requesting Comprehensive Plan amendment/rezone. This proposed donation is not a factor in considering whether to approve the requested map change, but would be a positive acquisition for the shoreline. In light of poor economy, the ongoing storage lease, and the time required to start site development for a future office use, the applicant has requested that he be allowed to continue use of the construction storage yard for two years after the Comprehensive Plan amendment and rezone are approved. The storage yard, now operating as a permitted use on Parcel 1 under the current MIC/L zoning, would become a non - conforming use if the rezone to Office is approved. During the two -year period, the applicant will prepare to redevelop of the site, while operating the construction storage lot. If the City of Tukwila feels that this request is appropriate, it could be enacted through a contract rezone. The contract rezone would also be referenced in the Comprehensive Plan recommendation. In this case, the applicant would be required to cease storage yard operations in a set time period after the rezone becomes effective, and to donate Parcel 2, located along the Duwamish River, to the City for public use. If the storage yard did not Rf 2 07/15/2010 W: \Users\Minnie Minnie - -PC Staff Reports \ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 29 cease operations by the deadline, the rezone would become void and zoning would revert to the previous MIC /L an R. The small waterfront propertyyuld remain in City - ownership for public use. ese conditions would serve to prote.: both community and City interests. The Community Affairs and Parks Committee were briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinitv /Site Information Site: The two lots are located 3912 and 3914 S. 115th Street. Lot #1 (current M/IC -L) is approximately square in shape and fronts on S. 115th Street. A small portion of the northernmost part the property is Type 3 slope, with "high landslide potential, and slopes between 15% and 40% underlain with relatively impermeable soils or by bedrock. Lot #3 (current LDR) is rectangular in shape, and also fronts on S. 115th Street. Approximately one -half of the property contains Type 3 slopes. The two lots total approximately 15, 633 s.f. or .36 acres. Vicinity: The immediate neighborhood is a mixture of single - family residential uses, and commercial/industrial activity. Single - family residential uses are immediately adjacent to the north and east along 40th Avenue South and S. 113th and 114th Streets South, as well as across the Duwamish River. Topography provides a break between the subject property and the existing single - family residential. Industrial uses commonly associated with the MIC/L, including truck sales and service, United Parcel Service shipping, air freight, and construction storage are located along E. Marginal Way to the west. The light rail track runs along E. Marginal Way South, approximately one -tenth mile away. The Burlington Northern train yard is approximately 1/4 mile east in an MIC/H zone. Fire Station #53 is located at 4202 S. 115th Street in the Residential Commercial Center (RCC) zone approximately one -tenth mile south east. A wedding store /office is located adjacent south in a High Density Residential (HDR) zone. The most visible feature is Duwamish Riverbend Hill Park, immediately adjacent to Parcel 1. Like Parcel 1, the Park is zoned MIC/L. Owned by the City of Tukwila, it is an established park and is used for cultural and recreational purposes, rather than industrial activity. It has been designated as Public Recreation Overlay (PRO). This overlay, placed on parks and trails, such as the Foster Links, or Centennial Park, supplements a property's underlying zoning and ensures that the park or trail property will be used exclusively for recreational purposes. A pedestrian/bicycle trail, accessible by a foot bridge approximately four —tenths of.a mile south, runs on the western, side of the Duwamish River. Duwamish Park is approximately three- tenths of a mile away, and the Tukwila Community Center is one mile south Rf 3 07/15/2010 W: \Users\MinnieWlinnie - -PC Staff Reports\ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 30 • • COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? Aspects of the requested change designation are addressed in several goals and policies. Four broad - reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. Tukwila Comprehensive Plan Objective #1 is "To improve and sustain residential neighborhood quality and livability. " Redesignating the existing MIC /L property to Office provides a better transition between Duwamish Riverbend Hill Park on the west, and the residential uses to the immediate east. The potential impacts of development allowed in the current MIC /L (i.e. gas station, auto repair, contractor storage, etc.) are likely to be more negative to residential quality, than the uses (such as office, gallery, etc.) allowed under the proposed Office zone. The rezone to Office eliminates one LDR residential lot, and the possibility of future housing development. Goal 7.2 Noise Abatement — Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. Uses allowed under the Office designation may have less impact on the neighborhood, including the adjacent Duwamish Riverbend Hill Park and single - family homes, than those in the current MIC/L designation. Converting Parcel 3, a residentially -zoned lot, to Office places a commercial use adjacent and in the vicinity of other property that is now zoned or used for single - family homes. The subject lot and its adjacent residential lot are vacant. Existing residential uses are located farther up the hill on 40th Avenue South, and are separated from the site by sloping topography. New development would access along S. 115' Street, avoiding the residential neighborhood. Goal 7.3 Overall Land Use Pattern —A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible use. The existing MIC/L is an abrupt transition to a use that is potentially incompatible with the adjacent residential uses, as well as the existing park. An office use may provide a more gradual transition with fewer potential impacts. Rf 4 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Wooden-- No.P.R.0. - -- 7.14.10 p.m..doc 31 Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservatio.d enhancement of single-family anc zble multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. The proposed Comprehensive Plan change Office would eliminate one residential lot, but would also avoid the potentially negative impacts of an automotive repair shop or manufacturing business adjacent to residential, setting clear boundaries between the residential neighborhood and the adjacent Park. Policy 11.1.6 Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. Parcel 1 is zoned MIC/L, but there are no industrial uses in the immediate vicinity. The Duwamish Riverbend Hill park, although now zoned MIC/L, will remain in recreational use as a park, and will not be developed for industrial purposes. The majority of industrial type activity is located west toward E. Marginal Way South. Several blocks east, the active Burlington Northern yard abuts another LDR residential neighborhood, and is zoned MIC/H. Immediately adjacent to the single - family neighborhood and the Duwamish Riverbend Hill Park, Parcel 1, the existing MIC /L lot, is separated from similar uses. It is not compatible with the adjoining public park. The neighboring single - family homes are without adequate buffer should a permanent industrial use locate there as allowed under the current MIC/L designation. Any light manufacturing/industrial activities have the potential to negatively impact the residential neighborhood. Goal 1.5—A riverfront that is accessible, developed, and appreciated as a major amenity of the community and region. This goal addresses the possible donation of the riverfront Parcel 2 to the City for public use. 2) If the issue is not adequately addressed in the Comprehensive Plan, is there a need for the proposed change? • The proposed amendment draws attention to Parcel 1's current MIC/L designation, which is not the most appropriate for the location i.e. adjacent to a City park, and single - family homes, and separated geographically from the remainder of the Manufacturing/Industrial Center's industrial uses. • Rezones and Comprehensive Plan changes are exempt from the current moratorium on certain types of development in the MIC area. • Parcel 3 is somewhat separated from neighboring homes by topography, as well as through its orientation and access on S. 1151 Street, rather than 40th Avenue South or S. 1161 Street like the other homes. This makes its redesignation to -Office and its inclusion in office -type redevelopment more feasible and desirable. Rf 5 07/15 /2010 W: \Users\Minnie\Minnie - -PC Staff Reports\PC.Staff.Rpt. Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 32 • Office use could_b• ore appropriate to the location than 9Iight manufacturing use, as is permitted under the current Comprehensive Plan and zoning. — 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? • Designating Parcel 1, which is currently MIC -L, to Office provides a needed buffer for nearby residential zones from the potential negative impacts of industrial activity. Since the MIC/L -zoned Duwamish Riverbend Hill Park was developed, the adjacent Parcel 1 is isolated from existing and potential industrial uses. • Designating both Parcel 1 and Parcel 3 as Office will provide sufficient space for well- designed development. • Office designation will facilitate longer term improvements to the area, with new investment in non - industrial, lower impact office use. • Office use will provide employment and revenue - generating activities for the community. • Office use could spur lower - impact redevelopment, which will enhance the community by bringing daytime activity to the street and adjacent park. • Designating Parcel 3, which is now vacant LDR, as Office removes potential residential uses, and brings non - residential office use into the vicinity of a single- family residential area. • The public need for housing could be met by retaining the LDR zoning on Parcel 3, and rezoning only Parcel 1 to Office. Rezoning one parcel would still provide a buffer from light industrial uses for nearby single - family homes. The public need to avoid an industrial use adjacent to residential and park use could be met by rezoning both parcels as Residential Commercial Center (RCC). This zone allows up to two stories of office or retail, but stipulates that a third floor if built, must be used for housing. • If the Office designation is approved, donation of Parcel 2 to the City of Tukwila can maintain and enhance public use along the shoreline. 4) Will the proposed change result in a net benefit to the community? • The proposed change could benefit the community by allowing a lower - impact office -type use to develop on the site, rather than light manufacturing, with its potentially greater negative impacts to the adjacent residential community • The proposed change may spur redevelopment along S. 115th that will benefit the community. • Office use will generate daytime activity in the area, but will not create impacts at night. • A potentially harmful MIC/L use, such as gas station or auto repair, would no longer border the residential neighborhood to the east, or the park to the west. • Extending an office -type use into the residential area precludes future single- family residential activity on Parcel 3. • Tukwila would gain public land along the Duwamish River through donation of Parcel 2. - Rf 6 07/15/2010 W: \Users\MinniaMinnie - -PC Staff Reports\ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 33 6 The existing construction storage is a permitted use under the current MIC /L zoning and produces son.onomic value. Construction storag.ot a permitted use under the Office zone, and the storage yard would become a non - conforming use. • Allowing the contractor storage yard to operate as a legal non - conforming use for a set time period after rezone to Office maintains the,statuszquowithout additional impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, the current MIC /L and LDR zoning would be unchanged. The public would benefit by the donation of the waterfront parcel in either case. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? • Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain and enhance residential neighborhoods, and to protect them from undue noise. Redesignating from Manufacturing Industrial Center/Light to Office enhances the neighborhood through the possible development of lower impact office use. • The proposal eliminates one Low Density Residential lot, and precludes future residential development. 2) Impacts? • The requested map change to Office could potentially add lower- impact office or similar development that would enhance the appearance of the area without significantly affecting the existing residential uses up the hill. • Specific redevelopment plans will undergo environmental, design review and building permit review. 3) Meeting identified public need? Other options? • Designating Lot 1, which is currently MIC/L, to Office provides a needed buffer for nearby residential zones from the potential negative impacts of industrial activity. Since the MIC/L -zoned Duwamish Riverbend Hill Park was developed, the adjacent Parcel 1 is isolated from existing and potential industrial uses. • Designating both Lots 1 and Lots 3 as Office will provide sufficient space for well - designed development that will produce employment and revenue, and will enhance the community with fewer impacts than the existing MIC /L zone. • Lot 1 could be designated as Office, and Lot 3 could be left as Low Density Residential in order to maintain the possibility of housing being developed. Rf 7 07/15/2010 W: \Users\MinnieUvlinnie - -PC Staff Reports\PC.Staff.Rpt. Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 34 • • ® Designating Lots 1 and 3 as Residential Commercial Center (RCC) would enable a mixed used development to be built with office or retail on the first two floors, with a possiblMifdjloot in residential use This would bring both office /retail use and housing to the area, while eliminating negative impacts of the MIC /L zoning. 4) Benefit to the community? • Lower impact office -type use would offer greater benefits and fewer negative impacts than the existing MIC /L zoning. • Office use will generate daytime activity in the area, but will not affect nearby residents at night. • Allowing the contractor storage yard to operate as a legal non - conforming use for two years through a contract Comprehensive Plan amendment /rezone to Office maintains the current status without more impact to the community, and adds an incentive for the applicant to complete construction. • If the conditions are not met, there would be no change in zoning, and the current MIC /L and LDR status would be unchanged. The public would not be harmed since the use is already in operation, and would benefit by the donation of the waterfront parcel in either case. COMPREHENSIVE PLAN — RECOMMENDATION: Staff recommends the following: Approval of the Comprehensive Plan Map amendment of property located at 3912 S. 115th Street (Tax # 1023049072) from Manufacturing Industrial Center/Light to Office and property located at 3814 S. 115th Street (Tax #1023049063) from Low Density Residential to Office with the following conditions: 1) All requirements of the following contract rezone must be met including: a. Contractor storage operations shall not be allowed on Tax Lot # 1023049063, and shall be completely removed prior to the effective date of this rezone; b. The contractor storage yard on Tax lot #1023049072 shall meet all legal requirements, and shall cease all operation no later than two years (730 days) after the effective date of the rezone; c. In the event that all operations of the contractor storage yard are not terminated by the deadline above, the rezone shall be voided. Office zoning shall revert to Manufacturing Industrial Center /Light (Tax # 1023049072) and Low - Density Residential (Tax # 1023049063) without further legislative action; d. Applicant agrees that Tax Parcel 3351400005 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date of the rezone. The dedication of this parcel shall survive any reversion of zoning, by virtue of non - compliance with the terms of this agreement. 2) In the event that the rezone is voided, the Comprehensive Plan amendment shall . also be voided. Office designation shall revert to Manufacturing Industrial Center /Light (Tax # 1023049072) and Low - Density Residential (Tax # 1023049063) without further legislative action. Rf 8 07/15/2010 W:\UsersWlinnieMinne - -PC Staff Reports\ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 35 • • FILE #L09 -002 -- 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 the discussion of Comprehensive Plan Criteria (above), the proposed Office zoning is consistent with the Comprehensive Plan, as follows: • Plan Objective #1 —To improve and sustain residential neighborhood quality and livability • Goal 7.2 Noise Abatement—Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. • Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single - family and stable multi - family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries • Policy 11.1.6 — Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.18.010, the requested Office zone is " intended to provide for areas appropriate for professional and administrative offices, mixed with certain retail uses. Because of the generally light environmental and traffic impacts and daytime use characteristics of offices, it is further intended that such districts may serve as buffers between residential districts and commercial and/or industrial areas. The proposed rezone from Manufacturing Industrial Center /Light (MIC /L) and Low Density Residential (LDR) will fulfill this purpose by allowing offices to be built. Attachment F compares the uses permitted in the requested Office with the current Manufacturing Industrial Center /Light (MIC /L) and Low Density Residential (LDR). For example, Office zoning permits uses such as office, studios and planned mixed use development combining retail and office. Restaurants are also permitted uses. Permitted MIC /L uses include automotive services, heavy equipment repair and salvage, manufacturing and processing of various kinds, motels, offices, parks, health clubs, restaurants. Rf 9 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\PC.Staff.Rpt. Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 36 • • Although there is some overlap in permitted uses, Office zoning allows a wider range of uses that are compatible with the nearby residential.neighborhood. Office zoning would generally enable development that offers a better-° transition to the adjacent Low Density Residential than the MIC /L zone now provides. Office requires a 25' front yard setback, while the required setback for both LDR and MIC/L front yard setback is 20'. The proposed Office zone allows building heights up to 3 stories or 35', vs. 45' or four stories in MIC /L and LDR 30 feet in the LDR. (Attachment G) The proposed Office zone requires design review for commercial structures 1, 500 square feet or larger. Design review is required for the existing MIC /L in proximity to residential districts and the Duwamish River. Design review is not required for the LDR. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Since the current zoning was established in 1995, the 8.6 acre parcel immediately adjacent to Parcel 1 was developed as Duwamish Riverbed Hill Park. Zoned MIC /L, the property had previously been known as Poverty Hill and had been sought for industrial development with plans to dynamite the hill and its outcropping of bedrock. In 2001, the Cascade Land Conservancy, the City of Tukwila and a citizen group called Friends of the Hill formed a partnership to work for the preservation of the hill. In 2004, the property was purchased by the Cascade Land Conservancy, and transferred to the City of Tukwila to establish a cultural and natural preserve. Although the Duwamish Riverbend Hill Park has not been formally rezoned from MIC/L, it operates as a park, and has a supplemental Public Recreation Overlay zoning. Establishing the recreational use has isolated Parcel 1 from other MIC /L uses, making an industrial use less appropriate to the site than before. 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 In a broad sense, the office or commercial uses that are permitted in the requested Office zoning could benefit the region and the community by providing additional employment opportunities and tax income. The existing Manufacturing/Industrial Center —Light zoning is not in the best interest of the neighborhood as it permits a light manufacturing /industrial use adjacent to residential zoning. Well- designed development under the Office zone would benefit the community more than the existing vacant residential property, and storage yard. Rather than an isolated Rf 10 07/15/2010 W: \Users\.Minnie\Nlinnie - -PC Staff Reports\ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 37 manufacturing/industrial activity, use of both properties as part of a coordinated office - related project could prom public health, safety and comfort "'ugh good design. Office uses, as permitted in the 0 zone have typically lighter envi onmental impacts and would provide a more appropriate transition to the LDR zone than the current MIC /L zoning. Future development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property, and provide Tukwila a clear means to evaluate any future proposed development, accommodate neighborhood conditions, and avoid adverse impacts to the adjacent properties and the community. Contract Rezone: As discussed earlier in this report, the applicant has asked to maintain the construction storage yard as a legal, non - conforming use after the requested rezone to Office while preparing to redevelop the site. If desired, this could be accomplished through a contract rezone and a Comprehensive Plan amendment citing the contract rezone. The applicant would be required to cease storage yard operations in a set time period after the rezone becomes effective, and to donate Parcel 2 along the Duwamish to the City for public use. If the storage yard did not cease operations by the deadline, the rezone would become void and zoning would revert to the previous MIC/L and LDR. The small waterfront property would remain in City ownership for public use. These conditions would serve to protect both community and City interests. Allowing the contractor storage yard to operate as a legal non - conforming use for a set time period after rezone to Office maintains the status quo without added impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, there will be no change in zoning. The contractor yard could continue to operate as a permitted use in the MIC/L, as is the case now. The public benefits by the donation of the waterfront parcel in either case. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • Office zoning is consistent with existing Comprehensive Plan policies that support good transitions between industrial /commercial and residential uses, limit noise impacts on residential uses, and promote stable neighborhoods. 2) Consistency with Zone: • Office zoning allows a broader range of uses that are compatible with the existing residential neighborhood than Manufacturing Industrial Center /Light zoning. Rf 11 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc 38 3) Changed condition • • Development of Duwamish Riverbend Hill Park has isolated Parcel 1 from other MIC /L zones and uses, making it less likely to develop as_an.industrial use. 4) Community interest: • Development that is allowed under the Office would benefit the community by allowing a wider range of uses with less impact on the surrounding neighborhood than the uses that are permitted in the current Manufacturing Industrial Center zoning. • The donation of Parcel 2 would allow Tukwila to gain public land along the Duwamish river for restoration and possible trail development. • A contract rezone to Office maintains the status quo without added impact to the community, and adds an incentive for the applicant to complete construction. • If the conditions are not met, there would be no change in zoning, and the current MIC /L and LDR remain. The public would not be harmed since the construction storage yard is already in operation and the existing conditions remain. The public would benefit from the donation of the waterfront parcel in either case. • Although not part of the rezone request, it is in the community interest officially to add the "Public Recreation Overlay" to the Duwamish Riverbend Hill park property to indicate continued park use. ZONING — RECOMMENDATION: Staff recommends the following: Approve a contract rezone of property located at 3912 S. 115th Street (Tax # 1023049072) from Manufacturing Industrial Center /Light to Office and property located at 3814 S. 115th Street (Tax #1023049063) from Low Density Residential to Office subject to the following requirements: a) Contractor storage operations shall not be allowed on Tax Lot # 1023049063, and shall be completely removed prior to the effective date of this rezone; b) The contractor storage yard on Tax lot #1023049072 shall meet all legal requirements, and shall cease all operation no later than two years (730 days) after the effective date of the rezone; c) In the event that all operations of the contractor storage yard are not terminated by the deadline above, the rezone shall be voided. Office zoning shall revert to Manufacturing Industrial Center /Light (Tax # 1023049072) and Low - Density Residential (Tax # 1023049063) without further legislative action. d) Applicant agrees that Tax Parcel 3351400005 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date the rezone. The dedication of this parcel shall survive any, reversion of zoning, by virtue of non - compliance with the terms of this agreement. Rf 12 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\PC .Staff.Rpt.Wooden-- No.P.R.0. - -- 7.14.10 p.m..doc 39 CITY OF TUKWILA Department of Communio: Development 6300 Southcenter 3oulevard, Tztk.vila, WA 98188 Telephone :: (206.1 431 -3670 F.-1X (206) 431 -3665 E -mail: tukplan@ci.tukroila.wa. us • ATTACHMENT_ A . COMPREHENSIVE PLAN AMENDMENTS APPLICATION ' FOR STAFF USE ONLY Permits Plus Type: P -CPA L`� -- ( p `q Planner: per j,.� �, d•C,F_ V ic, File Number: L 0 - 0 (r Application Complete (Date: id /6/0 ) Project File Number: Application Incomplete (Date: / 11 • t. /10 ) Other File Numbers: L o q - v c s" iZe 2cm.e. NAME OF PROJECT /DEVELOPMENT: Woo O C N1, L-LL . (I I C - I-- Eft 1-Dk. 'fv C LOCATION OF PROJECT /DEVELOPMENT: Give street address or, ifvacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3 9(H 5 1(5TH S-T. AND AOJALE t LoY, PA-RCEL bZ3 -(qo -7Z -r 3351 0000' LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). loz.3o 11 go72 1 3351 Li 00005/ 10'Z301-1149 63 • DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, ® has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and ® is the primary contact with the City, to whom all notices and reports will be sent. Name: .J05/ -1 .J01-11•15 02 t;121L [oBF t E. coe,& (7,E6-1-5 Address: 911 WESTEeM A v 3 g Phone: Zd6 - 227 -- 0136 FAX: Zo6 — Z33 — �l 2 4? E -mail: .J J O 1.-11115 € Go 13f3 A ac . 60M Signature: Date: 17 -0 CI Attachment A 69 40 A. COMPREHENSIVE PLA•ESIGN.ATION: • J,,,;,, ., .,, ; Existing: 1 O . 3 0 L `r' o 7 Z — A11 1 G/L 3 3 5.E-�-(. 000O S— L ?� r, -' ;,;-� �,=�7 Proposed: 10Z3 0 =( °I t) 7Z + 33S l K 000 O - ® - OPP( . C B. ZONING DESIGNATION: Existing: 101301-1907z 33571-(00005- L O R Proposed: io?.3 o &.( 4o? Z + 33.5-1 000a 5 - 0 - C,FF C. LAND USE(S): Existing: VA4 A14 T - 177.30 x{9012 •5IN &LE FAMILY ICES - ?3c19O°OOS Proposed: oFFIGG Foe goThk JbZ30'{ 4072. 4- 3351 L- 107005 (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all .directions from the property or area for which a change is proposed. T Iii= Ovuik/,•R(SR HILL- PArtk f o2DEIR5 TFIE • WEST AND NoRRT14 P2oPEa-TY EDbE At41) 1S GvQtRENTLY MIC /L, T1- E PPoP ER.Tii To T)+E' EAS? A/4 P SovTf-1 eAde_cSS 1-44 Oyu/A isiv 121 E.R5 IS L.t R RES I (Demi -1AL.. • Ro I VtA� T El- 000'. To 14e EA-5 T T WO SMALL A 12EA5 ARe. `zoNEt t2GG l�1 D AAt R s 70 41 STATE OF WASHINGTON COUNTY Or KING CITY OF ITIKVVILA Department of Community Development 6300 Southcenier'3ouievard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukpinriaci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO. ENTER PROPERTY ss The undersigned being duly sworn and upon oath states as follows: 1. 1 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. 1 • On this day personally appeared before me fra nCti /IH e4'att') 1 ')t'1 itg to me known to be the individual who executed the foregoing instrument and acknowledged that he /s6e signed the same as hisJb voluntary act and deed fur the uses and purposes mentioned therein. : D SUBSCRIBED AND SWORN TO BEFORE ME ON THIS r0 DAY OF liid IL 44 P : LIC in and for the State of Washington 'Pee_ . 202 /ul Gv4261-� NOTARY residing ut oVe61 NW ISO C6 Sect_ Fel/ My Commission expires on 2/igf21,l2 -- ;71 42 PROPOSED COMPR1ENSIVE PLAN _ADMENDINT SUMMAIrar ';'s_ . (parcels 1023049072, 3351400005, 1023049063) The proposed rezone and plan amendment involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden III LLC, currently owns three parcels bordering the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color.. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MIC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Parcel C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden III Ilc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the_Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal; the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional .offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden III would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, if the. proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. In lieu of the MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. 73 43 74 • We firmly believe that both the City of Tukwila and the caner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletch.easreviewed our proposal and has provided a response letter supporting the proposed rezone. A. COMPREHENSIVE PLAN, AMENDMENT CRITERIA (TMC 18.80.050) Demonstrate how 'each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequatelyaddressed, is there a need for the proposed change? In recent years Tukwila has acquired and developed Duwamish Hill Park, originally designated MIC /L land. Although the land is still zoned MIC /L the development of the public park has had a significant impact on privately owned Parcel A, B and C. The creation of Duwamish Hill Park separates Parcel C and B from the remaining MIC /L zone essentially making a small island of MIC /L zoning surrounded by Park and Residential land. Creating a small island of MIC /L zoning within Park and residential zoning clearly is not in line with the Comprehensive plan (see response to "An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect" below). • The proposed rezone would improve the zoning conflict created by the newly developed Duwamish Hill Park. Why is the.proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The proposed change improves an awkward zoning adjacency created by Duwamish Hill Park. The City's land acquisition of Parcel B is the best possible means of meeting the public needs associated with the park, trail and Shoreline planning. While acquiring parcels A and C may also be in the City's best interest, Wooden III Ilc views this as a strong development opportunity. Nonetheless they would be open to this discussion as well. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? In all cases the proposed rezone is a net gain for the community and landowner. -A potentially harmful use adjacent to a Park and residential neighborhood will be eliminated. -A combined development site zoned (0) Office will provide employment opportunities for the community without the harmful industrial use possible with the existing MIC /L designation. 44 -The City will acquire a pite of Duwamish waterfront properrhat would allow for future Shoreline development plans and trail projects. See attached "Existing and Planned Pedestrian and Bike Facilities" -The City's acquisition of Parcel B would eliminate possible industrial development along the water way adjacent to the City Park. B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC • 18.80.010) A detailed statement of what is proposed and why; A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; The proposed rezone would eliminate a potential harmful use adjacent,to an established residential neighborhood and newly developed Public Park. With the creation of Duwamish Hill Park Parcel C and A became an island of MIC /L separated from the larger MIC zone. The proposed rezone to Office zoning would eliminate potential harmful uses on the site that may create excessive noise and traffic adjacent to the park and residential zone. Similar to the MIC /L zoning the proposed (0) Office would provide opportunities for employment but in a situation much more suited for a park and residential neighborhood. Both the Park and adjacent residential neighborhood would benefit from the proposed rezone. The City's acquisition of Parcel B would also create a continuous section of City owned shoreline that would directly benefit the adjacent Duwamish Hill Park, LDR neighborhood and general public. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) The proposed rezone is clearly in line with a major goal of the Comprehensive Plan, "To improve and sustain residential neighborhood quality and livability." The adjacent City Park is responsible for creating two.privately owned island of MIC /L zoning • adjacent to park and residential propoerty (parcels C and B). By rezoning the property from MIC /L to Office all potentially harmful industrial uses will be eliminated. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. The existing MIC /L would allow for manufacturing and similar uses that produce a large amount of noise in conflict with TCP Goal 7.2 Noise Abatement, 7.2.2 Discourage nose levels which are incompatible with current or planned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with .such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. 75 45 76 Rezoning MIC /L to (0) ice would clearly eliminate many otentially disruptive activities and business3IPadjacent to the residential zone up Public Park. The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of ParceiParcel B is currently zone MIC /L and could allow for commercial access to the Duwamish River. Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border the MIC along with the Public Recreation overlay at Duwamish Hill Park. A close uwamish examination of the map shows the abnormal zoning condition from crew ed byiDgMIC zone Hill Park at Parcel C and B. Parcel C and B are isolated and no longer serve or benefit the surround zoning. The existing MIC /L zoning for Lot C is inconsistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: • This district implements the Manufacturing Industrial Center /Light Industrial Comprehensive Plan designation. -If is intended to provide a major that support l y those industries. distributive strict/s uses and manufacturing and industrial uses and other uses standards are intended to enhance the redevelopment of the Duwamish Corridor. • Parcel C is currently a small island of MIC /L zoning surrounded bcy residential at and Public Park property and clearly does not fall inline with the provide a "major employment area containing distributive light manufacturing and industrial uses" Tukwila's City Zoning Map currently has multiple conditions where Office Zones directly border LDR zoning. However, MIC /L zones rarely border LDR because of the obvious conflicts. Our proposal removes these adjacencies. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; The proposed rezone falls in line with the goals of the Washington State Growth Management act: RCW 36.70A.020 Development on Parcel A and C would provide additional services and employment opportunities. 46 (1) Urban growth. Encourage dLsve&opment in urban areas where adeq•public facilities and .services exist or can be provided in an efficient manner. A planned office development would provide services and employment opportunities for the = adjacent. residential neighborhood. (5) Economic development. Encourage economic development throughout the .state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. An industrial use adjacent to a public park and shoreline environment is an "incompatible use" (8) Natural resource industries. Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses. Eliminating MIC /L zoning .would ensure potentially harmful uses would no longer be possible on Parcel C and B. The City's acquisition of Parcel B would protect the shoreline environment and allow for potential shoreline restoration work. (10) Environment Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. RCW 36.70A.070 Comprehensive plans — Mandatory elements (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed -use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population. • The proposed office development would provide employment opportunities to the community while the land redistribution would directly serve the adjacent community. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; Eliminating MIC /L zoning on Parcel C and B will help protect the environment. Providing a development opportunity for an Office use will also serve the economic growth of the region. ED -10 Jurisdictions shall adopt economic development . and other policies which will recognize and help protect the environment as a key economic value in the region. Local policies shall seek to achieve an appropriate balance between the needs for economic growth and the need for protecting the environment. Local governments are encouraged to look for ways to work cooperatively with businesses to help them comply with environmental regula.ions and to develop policies that result in environmental protection through regulatory processes that are understandable and efficient. The existing zoning for Parcel C and B is in conflict with the Countywide plan allowing for industrial land to be in direct contact with a non - supporting or incompatible use. 77 47 ED-15 Local comprehens lans should include policies whiclter a climate supportive o the siring needs of Indus rial users and that recognize the imp ant role they play in creating high -wage jobs. Local plans are encouraged to include policies designed to ensure that industrial use of industrial -zone land is not unduly encroached upon or limited by non - supporting or incompatible uses. - - -- - Arguably Parcels C and B are not "sized for manufacturing /industrial uses now that Duwamish Hill Park isolates the parcels from the remainder of the MIC zone. 5. Manufacturing /Industrial Center Criteria LU -52 Each jurisdiction which contains a regional Manufacturing /Industrial Center shall adopt in its comprehensive plan a definition of the Center which specifies the exact geographic boundaries of the Center. Jurisdictions with Manufacturing /Industrial Centers shall have zoning and detailed plans in place to achieve the following goals by the year 2010. a. Preserve and encourage the aggregation of vacant or non - manufacturing /industrial land parcels sized for manufacturing/industrial uses; LU -58 Jurisdictions' comprehensive plans for regional Manufacturing /Industrial Parcels C and B have no buffers from the adjacent park and residential neighborhood Centers shall demonstrate compliance with the criteria. In order to promote manufacturing/ industrial growth, the Manufacturing /Industrial Center plan for each jurisdiction shall establish strategies: c. To provide buffers around the Center to reduce conflicts with adjacent land uses; A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; The proposed rezone would not increase 'utility needs relative to the existing MIC /L zoning. The City's Shoreline plan would benefit from the acquisition of Parcel B. Proposed Shoreline restoration and trail projects would be feasible with a continuous City owned shoreline. A statement of what capital improvements, if any, would be the to support the proposed change, and how the proposed change will affect facilities plans of the City; No capitol improvements will be necessary for the proposed rezone. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. Zoning Code map Amendment to reflect the proposed (0) Office zoning on Parcel A and C. 78 48 • CITY OFJ KWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us lr x ' ; ATTACHMENT 6 pv �•Y �e,:.iw COprt,td!Iui4f _ ZONING CODE AMENDMENTS APPLICATION. NAME OF PROJECT /DEVELOPMENT: WOO {).6 /4 111 L L e . H 1 C - . 4 Lo LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3 91 H 5 /1c .T + VA CA NT LoY T O �N vt-155T LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 1oZ30L1To 7Z, 335/ I- 1 00005_, io?3oLf4O63 DEVELOPMENT COORDINATOR : The individual who: e has decision making authority on behalf of the applicant in meetings with City staff, o 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. JOSE -t Jot -!N5 012 ERIC 6ogf3 F. Gong A-g6 IM LT5 Name: Address: R 1( WES 310 C*t Phone: ZO6 - Z8'7— 01 36 FAX: 2O6- Z33- q7 `'f Z E- mail: J J o 1-11•A 5 GDR lA t2 (- N- Corte Signature: �� Date: 12 - lS OBI Attachment B 49 FOR STAFF USE ONLY Permits Plus Type: P -ZCA P Planner: fr C _Q �• File Number: LD -� '� • Application Complete (Date: /t 1� �' Project File Number: Applicat�on Incomplete te: (Date: �� Z,�, fio) Other File Numbers: Log_ o 6 it NAME OF PROJECT /DEVELOPMENT: WOO {).6 /4 111 L L e . H 1 C - . 4 Lo LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3 91 H 5 /1c .T + VA CA NT LoY T O �N vt-155T LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 1oZ30L1To 7Z, 335/ I- 1 00005_, io?3oLf4O63 DEVELOPMENT COORDINATOR : The individual who: e has decision making authority on behalf of the applicant in meetings with City staff, o 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. JOSE -t Jot -!N5 012 ERIC 6ogf3 F. Gong A-g6 IM LT5 Name: Address: R 1( WES 310 C*t Phone: ZO6 - Z8'7— 01 36 FAX: 2O6- Z33- q7 `'f Z E- mail: J J o 1-11•A 5 GDR lA t2 (- N- Corte Signature: �� Date: 12 - lS OBI Attachment B 49 A. COMPREHENSIVE PL =. N DESIGNATION: Existing: 0 Z 30 ' — M it L 3 S •000 — 12. Proposed: 1D2- 3Ot -f 9072 -t 3351 coo o5 -- O, D FFI�E B. ZONING DESIGNATION: Existing: 10-2 3014 «Ira — M t L (t. 3 351,-100005 —LD2 Proposed: 102-3e gb72 + 33351' 0000 S — O, OFF t L� . C. LAND USE(S): Existing: 10Z3o`('? 72 33 /4 €'O00 - 51N6LE FY4MILj( Home Proposed: O FF(LE F'DR GOTH I 0 Z30 K q 072 -t- 3 35 , &1 00005 (for proposed changes in land use designations or rezones) 80 50 C, LUUU Mf es met; LZ IIIU. 71 I VV7t711I f1VC111.JC MJ I JGOWC, VVl17U IV"r • • • PROPOSED REZONE SUMMARY: (parcels 1023049072, 3351400005, 1023049063) C*vr,Ni ita t;,, f l - DEVT-:LOPMEWT The proposed rezone involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden III LLC, currently owns three parcels near the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MIC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Parcel. C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden III Ilc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal, the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden 111 would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, if the proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. In lieu of the MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. 81 51 • We firmly believe that both the City of Tukwila and the Owner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletcher, has reviewed our proposal and has provided a response letter supporting the proposed rezone. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: 1. That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; The proposed rezone is aligned with a primary goal of the Comprehensive Plan: "To improve and sustain residential neighborhood quality and livability." By rezoning-the property from MIC /L to Office many potential harmful uses will no longer be allowed adjacent to existing homes. In addition the donation of Parcel B will allow Tukwila to implement shoreline trails and restoration plans that would directly benefit the adjacent residential neighborhood. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MiC uses may operate without significant degradation of the residential environment. The existing MIC /L could create a significant noise conflict with the adjacent park and residential neighborhood: Rezoning to (0) Office would mitigate this potential noise disturbance. TCP Goal 7.2 Noise Abatement states, 7.2.2 Discourage nose levels which are incompatible with current or planned land uses, and discourage the introduction of new land uses info areas where existing noise levels are incompatible with such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. Rezoning MIC /L to (0) Office would eliminate many potentially disruptive activities and businesses adjacent to the residential zone. . The. Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel B along the Duwamish River, Shoreline management Act Priorities per TCP (page 50) 82 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline 52 ib 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline • The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border -o e`- MIC along with the Public Recreation overlay. A close examination of the map shows the abnormal zoning condition created by Duwamish Hill Park. Parcel C is isolated from the remaining MIC zone and no longer serves or benefits the surround MIC zone. 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; The existing MIC /L. zoning for Lot C is not consistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: This district implements the Manufacturing Industrial Center /Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. Parcel C is currently a small island of MIC /L zoning surrounded by, residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive light manufacturing and industrial uses" The proposed (0) Office designation for parcel C and A will serve and support the residential neighborhood. Tukwila's City Zoning Map currently has multiple conditions where Office zones directly border LDR zone. However, MIC/L. zones rarely border LDR zones because of the obvious conflicts. Our proposal removes these potential • conflicts. 3. That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and The adjacent parcel 1023049057 .(Park) was originally zoned MIC /L. Along with adjacent parcels this created a very large multi acre industrial area along the Duwamish River.. Although the property has not been formally rezoned, parcel 1023049057 is now Duwamish Hill Park owned by the City of Tukwila. Converting parcel 1023049057 to Public Park isolated parcel C and B creating two islands of MIC /L zoning. The proposed rezone will eliminate the potential adverse impacts of MIC /L development at this juncture between the newly developed park and the adjacent residential neighborhood. 4. That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and 83 53 84 eneral welfa - and will not adverse) affect t - surroundin neighborhoo• or be injurious to other prop -s in the vicinity in which the subject property is located. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) will be removed from the southeast corner of the Park. 2. In lieu of the MIC /L "island" parcel, two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. a. Tukwila's Walk and Roll program has developed a master plan to provide future sidewalks along Parcel C &A. Clearly the future sidewalks and pedestrian plan would be better served by an Office zoning compared to the purpose of the MIC /L zone which may include large trucks and delivery traffic. "MIC /L" — "It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries." 3. Tukwila would gain parcel B along the Duwamish for restoration and possible trail development. Tukwila's trail and shoreline restoration plans are currently interrupted by Wooden :III Ilc's "island" �f private ownership along the Duwamish waterfront. a. Per Tukwila's Walk and Roll program a trail has already been proposed crossing Parcel B (see attached map from Tukwila's Walk and Roll program) b. The Duwamish Hill master plan originally designed by Jones and Jones Architects shows a potential shoreline restoration and beach access along S. 115th St that would include Parcel B The proposed rezone will eliminate adverse industrial impacts to the Park and adjacent residential zone while expanding the public lands that will be critical in future public development projects. 54 December 22, 2009 Josh Johns E. Cobb Architects 911 Western Avenue #318 Seattle, WA 98104 Dear Mr. Johns, I agree with your assumptions that by rezoning two parcels (335140005 and 1023049072) to Office zone would benefit the City of Tukwila's shoreline and the Duwamish Riverbend Park property. The Tukwila Parks system would also benefit with the donation of the riverfront property (1023049063). It is my suggestion to schedule a meeting with myself and the Directors of Public Works and Department of Community Development to further investigate the proposed zoning change and land donation.. Please feel free to contact me at (206)767 -2343 if I can be of further assistance Sincerely, QQ09L- Bruce Fletcher, Director Tukwila Parks and Recreation Department B Fie 1..,ltz 12424 42 4 Avenue South Tukwila, WA 98168 (zo6) 767 -2341 * bruce@ci.tukwila.wa.us 85 55 To:City of Tukwila Department of CommultDevelopment 6300 Southcenter Blvd., Ste 100 Tukwila, Wa. 98188 • ATTACIMENT G 1 am here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 115t Street. To whom it may concern: I am wondering why we need an office space zoning in an area mostly residential, when there is a glut of empty office space in areas that are alredy in an office space zoning. I am particularly affected as the parcels in question are right across the river from me and this would change my view from an almost pristine view to an office building looking down into my river property. On top of that, a park {Tukwila Riverbend Park} is right next to the parcel and office space does not lend itself to the local environment layout. Another concern: The sewer, I believe, hasn't reached the parcel in question and it falls dangerously close to the buffer zone cr4eated by the Shoreline Mast3er Program proposal. Please don't mar our view on the river and add office space potential where it isn't needed or wanted. John Swan 3914 South 117t Street Tukwila, Wa. 98168 RECEIVED CM OF 1111(W/ MAY 062010 86 56 Stanley G Hoffman . 3924 South 114th Street Tukwila, WA 981 68 -1 91 3 206 - 763 -1712 Sirs: • ATTACHNENT R DCD • Rebecca Fox 6300 Southcenter Blvd Tukwila, WA 98188 am writing in opposition on the zoning change of the property located at South 115th Street and 40th Avenue South. The Health of Walker Hill The Hill is correctly named Walker Hill in most plot and geological maps. The area is commonly called `Poverty Hill'. This name is used by all, but this name is used for a historically residential area. This area has seen little change. It is only in the last year that to the west of the property the historical house that served as a store to the original settlers of this valley was demolished and replaced by containers that have been wired with temporary service poles and served With portable toilets. Hardly a development worthy for any neighborhood. The new park opening signals to all who pass on South 115th Street the changes that are uplifting Walker Hill. We have seen many properties remodeled, some to be sold to folks eager to join a community that is centered on the services and employment of the Greater Seattle Metropolitan Area. We know that the `Old AG' warehouse is a development site that will greatly improve the area, perhaps including a light rail station. My thinking is that the health of Walker Hill will be harmed by a development that is not residential. The county would entertain the permit process for septic tanks for a residential project. Water and power is available. The property is developable as a residential project. I wish to point out that perhaps some property owners of Walker Hill may have thoughts of using their future appreciation values of their holding. How can this best be served? I point to the `AG' property and the vast plan unveiled by the Segale Family. These projects have ample space and plans for office buildings, they do not need residential property for office space. What they will need is housing for the new employees to serve these projects. My thought is the office project will not provide value to residential property owners; indeed, this office project will detract from this homogeneous believe the `ducks are now in a row' and I think it is time for the zoning board to support the residential nature of our community and the property owners investments. Stanle an 87 57 Tukwila City Council Regular Meetinliutes July 6, 2010 • ATTACHMENT C Page 3 of 6 MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED —AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1719. 2. A resolution declaring two aged and obsolete Fire Department Amkus Rescue Systems and accessory equipment surplus and authorizing their donation. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING TWO AGED AND OBSOLETE AMKUS RESCUE SYSTEMS AND ACCESSORY EQUIPMENT SURPLUS, AND AUTHORIZING THEIR DONATION. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1720. b. 2010 Comprehensive Plan Amendments. (The Council may: • Refer the proposal as is to the Planning Commission for further review; or • Modify the proposal and refer to the Planning Commission for further review; or • Defer consideration until a later time to get more information; or • Reject the proposal.) MOVED BY ROBERTSON, SECONDED BY DUFFIE TO REFER THE PROPOSAL AS IS TO THE PLANNING COMMISSION FOR FURTHER REVIEW AND A RECOMMENDATION.* Frank Firmani, 2400 NW 80TH Street, #162, in Seattle, explained he is confident they can work proactively with neighbors and the Friends of the Duwamish during the planning process. Mayor Haggerton asked if he is speaking in favor of the motion, and Mr. Firmani responded in the ffirmative. OTION CARRIED 6 -0. c. Noise Regulations: 1. An ordinance updating regulations relating to noise as codified at Tukwila Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE ORDINANCE RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2293. 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. Attachment C 59 L09 -064 Comprehensive Plan amendment — Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) L09 -065 Rezone — Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC/L) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay (PRO) Zoning Lines MIC/H GIS Tukwllc L09 -064 Comprehensive Plan amendment -- Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) L09 -065 Rezone—Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC/L) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay (PRO) vor �.�.. Zoning Lines Attachment E ft Wooden LLC1 ATTACHMENT F Comparison of Zoning Code Uses for MIC /L, LDR, and O_ Zones_= Page 1 of 5 Attachment F 65 P = Permitted, A = Accessory, C = Conditional, U = Unclassified MIC /L LDR 1 0 1 Adult day care A A 2 Adult entertainment (subject to location restrictions) P 3 Airports, landing fields and heliports (except emergency sites) U 4 Amusement Parks 5 Animal rendering 6 Animal shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit) 7 Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P 8 Automobile, recreational vehicles or travel trailer or used car sales lots 9 Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building) P 10 Beauty or barber shops P P 11 Bed and breakfast lodging for not more than twelve guests C 12 Bed and breakfast lodging (no size limit specified) 13 Bicycle repair shops P P 14 Billiard or pool rooms A 15 Boarding Homes 16 Brew Pubs P . P 17 Bus stations P 18 Cabinet shops or carpenter shops employing less than five people 19 Cargo containers for institutional uses (limit of 2).— Type 2 decision P A 20 Cement manufacturing U 21 Cemeteries and crematories C C 22 Child care Family Home A A 23 Child daycare centers P P 24 Churches and community center buildings C C 25 Colleges and universities C C 26 Commercial laundries P 27 Commercial Parking (subject to restrictions) P 28 Computer software development and similar uses P P 29 Contractors storage yards P 30 Convalescent & nursing homes for not more than twelve patients P 31 Convalescent & nursing homes for more than twelve patients C 32 Convention facilities 33 Conversion of rental multi - family structures to condominiums OR owner- occupied multi - family housing (Conversion only, NO new construction) 34 Correctional institutes U2 35 Dwelling- Detached Zero -Lot Line Units 36_ . Dormitory .. A C - A 37 Drive -in theatres 38 Dwelling — Single family (Includes site built, modular home or new manufactured home ) p 6.7 /ac Page 1 of 5 Attachment F 65 Page 2 of 5 P = Permitted, A = Accessory, C = Conditional, U = Uqiitsified MIC/L • LDR 1 0 39A Dwelling- Duplex, tripleour -plex 39B Dwelling- Townhouses up to 4 attached units 39C Dwelling — Apartment houses, townhouses, row houses and condos 39D Dwelling — Multi- family units above office and retail uses 40 Dwelling — Senior citizen housing 41 Dwelling unit — Accessory (Owner occupies one unit, parking, size limit, lot minimum requirements) A A 42 Electrical Substation — Distribution C C C 43 Electrical Substation — Transmission/Switching 44 Essential public facilities, except those specifically listed as a permitted or conditional in any of the other zones U 45 Farming and farm- related activities 46 Financial, banking, mortgage, other services P3 P 47 Fire & Police Stations C C C 48 Fix -it, radio or television repair shops /rental shops P 49 Fraternal organizations P 50 Frozen food lockers for individual or family use 51 Garage or carport (private) not exceeding 1,500 sq. /ft on same lot as residence A 52 Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq. /ft A 53 Greenhouses or nurseries (commercial) P 54 Hazardous substance processing and handling and hazardous waste treatment and storage facilities (on -site) subject to compliance with state siting criteria RCW Chapter 70.105 (See also Environmental Regulations, Chapter 21.08, Tukwila Municipal Code, TMC) A7 55 Hazardous waste treatment and storage facilities (off-site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See also Environmental Regulations, Chapter 21.08, Tukwila Municipal Code, TMC) 56 Heavy equipment repair and salvage P 57 Heavy metal processes such as melting, blast furnaces, drop forging or drop hammering C 58 Home Occupation (Max. 1 non - resident worker, no exterior change, etc.) A A 59 Hospitals, sanitariums, or similar institutes C 60 Hotels P 61 Hydroelectric and private utility power generating plants U 62 Industries involved with etching, film processing, lithography, printing and publishing P 63 Internet Data Centers P 64 Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions U U U 65 Laundries; self serve, dry cleaning, tailor, dyeing P P 66 Libraries, museums, or art galleries (public) P C P [67 Manuf./Mobile home park (See Criteria) Page 2 of 5 Page 3 of 5 67 P = Permitted, A = Accesso. C = Conditional, U = Unclassified M#. LDR 1 68 Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering) C - 69 Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses C 70 Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging p 71 Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P 72 Manufacturing, processing and/or packaging 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 P 73 Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment 74 Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment P 75 Manufacturing, processing, packaging of foods, such as baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) P9 76 Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials 77 Mass transit facilities U U U 78 Medical and dental laboratories P 79 Mortician and funeral homes 80 Motels P 81 Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, business, e.g. travel, real estate & commercial P6 P 82 Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing 83 Outpatient, inpatient, and emergency medical and dental commercial services P P 84 Park & ride lots C C 85 Parking areas A A A 86 .= Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation 87 Pawnbroker 88 Plumbing shops (no tin work outside storage) Page 3 of 5 67 Page 4 of 5 68 P = Permitted, A = Accessory, C = Conditional, U = U sified MIC/L • LDR 1 O 89 Private stable with restrics A 90 Radio, television, microwave, or observation stations and towers C C C .. . _..- 91 Railroad freight or classification yards U 92 Railroad tracks (including lead, spur, loading or storage) p 93 Recreation facilities (commercial — indoor) — athletic or health clubs p p 94 Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges 95 Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields 96 Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses C C C 97 Recreational area and facilities for employees A A 98 Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures U 99 Rental of vehicles not requiring a commercial driver's license p 100 Rental of commercial trucks and fleet rentals requiring a commercial driver's license P 101 Residences for security or maintenance personnel A A 102A Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant P 102 B Restaurants including cocktail lounges in conjunction with a restaurant P 103 Retail sales of furniture appliances, automobile parts and accessories, liquor, lumber/bldg. materials, lawn &garden supplies, farm supplies 104 Retail sales, e.g. health/ beauty aids/ prescription drugs/ food/hardware/ notions /crafts /supplies/housewares/ electronics /photo- equip /film processing/ books /magazines/ stationery/ clothing/shoes /flowers /plants /pets /jewelry/ gifts /rec. equip/ sporting goods, and similar items. C 105 Retail sales as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto- oriented retail sales (e.g., drive -ins, service stations). P 106 Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials C. 107 Sales and rental of heavy machinery and equipment subject to landscaping requirements of Chapter 18.52 P 108 Salvage and wrecking operations 109 Salvage and wrecking operations which are entirely enclosed within a building P 110 Schools and studios for education or self improvement P P 111 Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C C 112 Secure community transition facility 113 Self storage facilities P 114 Sewage lift station U U 115 Shelter P P 116 Shopping center, Planned (mall) 117 Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to Chapter 18.52 P Page 4 of 5 68 *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: L Similar in nature to and compatible with other uses permitted out right within a similar zone; and Consistent with the stated purpose of the zone; and Consistent with the policies of the Tukwila Comprehensive Plan. 1 Within a specific area of LDR, MDR, and HDR along the Tukwila International Boulevard Corridor is a zoning overlay called Commercial Redevelopment Areas. Within these areas permitted uses in the adjacent commercial zones are allowed in the residential zones subject to public design review and specific criteria. 2 Owned and operated by the City of Tukwila. 3 Must be less than 20,000 square feet, conditional use over 20,000 square feet. Page 5 of 5 69 P = Permitted, A = Access.- C = Conditional, U = Unclassified NeL LDR 1 118 Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required P 119 Storrnwater- neighborhood detention + treatment facilities U U 120 Stormwater pump station U U 121 Studios — Art, photography, music, voice and dance P P 122 Taverns, nightclubs P 123 Telephone exchanges P P 124 Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code 125 Tow -truck operations, subject to all additional State and local regulations P 126 Transfer stations (refuse and garbage) when operated by a public agency U 127 Truck terminals P 128 Warehouse storage and wholesale distribution facilities P 129 Water pump station U U 130 Water utility reservoir and related facilities U U 131 Wireless Telecommunications Facilities (subject to restrictions listed under TMC 18.58) P P P *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: L Similar in nature to and compatible with other uses permitted out right within a similar zone; and Consistent with the stated purpose of the zone; and Consistent with the policies of the Tukwila Comprehensive Plan. 1 Within a specific area of LDR, MDR, and HDR along the Tukwila International Boulevard Corridor is a zoning overlay called Commercial Redevelopment Areas. Within these areas permitted uses in the adjacent commercial zones are allowed in the residential zones subject to public design review and specific criteria. 2 Owned and operated by the City of Tukwila. 3 Must be less than 20,000 square feet, conditional use over 20,000 square feet. Page 5 of 5 69 IITTACHMENT G Comparison of Design Review Requirements & Basic Development Standards for MIC/L, LDR, and 0 Zones Design Review Requirements MIC/L LDR 0 0 Administrative design review is required for new developments within 300 feet of residential districts or within 200 feet of the Green/Duwamish River. Design review is required for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. Design review is required for commercial structures 1,500 sq. ft. or larger. Commercial structures between 1,500 and 5,000 sq. ft. will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 sq. ft. 6,500 sq. ft. Basic Development Standards MIC/L LDR 0 Lot area, minimum N/A 6,500 sq. ft. N/A Lot area per unit (multi - family), minimum N/A N/A N/A Average lot width minimum, (20 ft. street frontage width) N/A 50 feet N/A Setbacks to yards (minimum): , • Front 20 feet 20 feet 25 feet • Front, decks or porches N/A 15 feet N/A • Second front 10 feet 10 feet 12.5 feet • Second front _ -, (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 15 feet 10 feet 12.5 feet • Sides None 5 feet 10 feet • Sides (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) o 1S` floor 15 feet 5 feet 10 feet o 2nd floor 20 feet 5 feet 20 feet o 3rd floor 30 feet 5 feet 30 feet • Rear None 10 feet 10 feet • Rear (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) o 1St floor 15 feet 10 feet 10 feet o 2nd floor 20 feet 10 feet 20 feet o 3`d floor . 30 feet 10 feet 30 feet Height, maximum 4 stories or 45 feet 30 feet 3 stories or 35 feet Page 1 of 2 Attachment G 71 Billie Development Stand ds MIC/L 1 LDR 1 0 Landscape requirements (minimum): - - See Landscape, Recreation, Recycling /Solid Waste _ _ Space requirements chapter for further requirements--- =_ = - • Front 5 feet N/A 15 feet • Front (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 15 feet 15 feet • Second front N/A 12.5 feet • Sides None 5 feet • Sides (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 15 feet 10 feet • Rear None 5 feet • Rear (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 15 feet 10 feet Recreation space N/A N/A Off - street parking: Determined by use • Residential N/A 2 parking spaces for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations and accessory dwelling units as otherwise proved by this title. See also TMC Chapter 18.56, Off - street Parking & Loading Regulations. • Accessory dwelling unit N/A See TMC 18.10.030 See Accessory Use section of this chapter • Office, minimum 3 per 1,000 sq. ft. usable floor area N/A 3 per 1,000 sq. ft. usable floor area • Retail, minimum N/A N/A 2.5 per 1,000 sq. ft. usable floor area • Warehousing 1 per 2,000 sq. ft. usable floor area min. N/A N/A • Manufacturing 1 per 1,000 sq. R. usable floor area min. N/A N/A • Other uses Refer to TMC Figure 18 -7, "Required Number of Parking Spaces for Automobiles and Bicycles" (attached) *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use Is: i' Similar in nature to and compatible with other uses permitted out right within a similar zone; and Consistent with the stated purpose of the zone; and 3' Consistent with the policies of the Tukwila Comprehensive Plan. Page 2 of 2 72 To:City of Tukwila =_ = Department of Community Development _ 6300 Southcenter Blvd., Ste 100 Tukwila, Wa. 98188 86 • Y 214; /.‘3 ATTACHMENT H 1 am here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 115th Street. To whom it may concern: I am wondering why we need an office space Zoning in an area mostly residential, when there is a glut of empty office space in areas that are alredy in an office space zoning. I am particularly affected as the parcels in question are right across the river from me and this would change my view from an almost pristine view to an office building looking down into my river property. On top of that, a park {Tukwila Riverbend Park} is right next to the parcel and office space does not lend itself to the local environment layout. Another concern: The sewer, I believe, hasn't reached the parcel in question and it falls dangerously close to the buffer zone cr4eated by the Shoreline Mast3er Program proposal. Please don't mar our view on the river and add office space potential where it isn't needed or wanted. John Swan 3914 South 117" Street Tukwila, Wa. 98168 RECEIVED CINOPTUKWILA MAY 06 2010 PER AM CELATE A, Attachment H 73 Stanley G Hoffman 3924 South -1 -1 -4th Street Tukwila, WA 981 68 -1 91 3 206- 763 -1712 Sirs: DCD • Rebecca Fox 6300 Southcenter Blvd Tukwtila; WA- 98188 1 am writing in opposition on the zoning change of the property located at South 115th Street and 40th Avenue South. The Health of Walker Hill The Hill is correctly named Walker Hill in most plot and geological naps. The area is commonly called 'Poverty Hill'. This name is used by all, but this name is used for a historically residential area. This area has seen little change. It is only in the last year that to the west of the property the historical house that served as a store to the original settlers of this valley was demolished and replaced by containers that have been wired with temporary service poles and served With portable toilets. Hardly a development worthy for any neighborhood. The new park opening signals to all who pass on South 115th Street the changes that are uplifting Walker Hill. We have seen many properties remodeled, some to be sold to folks eager to join a community that is centered on the services and employment of the Greater Seattle Metropolitan Area. We know that the 'Old AG' warehouse is a development site that will greatly improve the area, perhaps including a light rail station. My thinking is that the health of Walker Hill will be harmed by a development that is not residential. The county would entertain the permit process for septic tanks for a residential project. Water and power is available. The property is developable as a residential project. I wish to point out that perhaps some property owners of Walker Hill may have thoughts of using their future appreciation values of their holding. How can this best be served? I point to the 'AG' property and the vast plan unveiled by the Segale Family. These projects have ample space and plans for office buildings, they do not need residential property for office space. What they will need is housing for the new employees to serve these projects. My thought is the office project will not provide value to residential property owners; indeed, this office project will detract from this homogeneous believe the 'ducks are now in a row' and I think it is time for the zoning board to support the residential nature of our community and the property owners investments. Stanle Hbffthan 748 7 • • t ,f ..._ +'•�7.C... "mc tom ' t' December 22, 2009 Josh Johns E. Cobb Architects 911 Western Avenue #318 Seattle, WA 98104 Dear Mr. Johns, I agree with your assumptions that by rezoning two parcels (335140005 and 1023049072) to Office zone would benefit the City of Tukwila's shoreline and the Duwamish Riverbend Park property. The Tukwila Parks system would also benefit with the donation of the riverfront property (1023049063). It is my suggestion to schedule a meeting with myself and the Directors of Public Works and Department of Community Development to further investigate the proposed zoning change and land donation. Please feel free to contact me at (206)767 -2343 if I can be of further assistance Sincerely, QA9L Bruce Fletcher, Director • Tukwila Parks and Recreation Department 12424 42nd Avenue South Tukwila, WA 98168 (2o6) 767-2342 * bruce@ci.tukwila.wa.us I. Citcy of 5 cthw�uc Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedah1 HEREBY DECLARE THAT: X Notice of Public Hearing Determination of Non - Significance Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Notice of Action .,, Planning Commission Agenda Packet , Official Notice , Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times . Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed /attached on this _ (c.0 day of _August in the year 2010 W: \USERS \TERIWFFIDAVIT OF DISTRIBUTION.DOC Project Name: Wooden LLC Comp Plan Amendment / Rezone Project Number: L09 -064, L09 -065, E10 -013 Mailing requested by: Rebecca Fox 4 .,, Mailer's signature: , // , I �,� W: \USERS \TERIWFFIDAVIT OF DISTRIBUTION.DOC OWNER_NAME TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER MARK LUND HARRISON,BRIAN K TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER SHUMATE,DAVID J & LAURIE PATTON,MATTHEW A TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER NGUYEN,MY DUNG EJW JR TUKWILA YARD LLC TUKWILA COMMUNITY MEMBER JUSTINE,ANNE E CARRASQUILLO,RENEE CHRISTIN QUIMBY,KEVIN LEADBETTER,DOUG CARLSON,ANNA M SUE CARLSON DAVI ES, DOUG LAS SHINE,LAWRENCE THOMSON,JOEL THOMSON,JOEL THOMPSON LAND LLC TRUST LE LONG & ANNA TUKWILA COMMUNITY MEMBER EISIMINGER,WILLIAM F ROOT,THOMAS A TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER DESJARDIN,CATHERINE KERR,GEORGINA L TUKWILA COMMUNITY MEMBER WATSON,KENNETH OWNER_ADDRESS 11222 E MARGINAL WAY S 11311 41ST AVE S 11412 40TH AVE S 11439 15TH AVE SW 11532 40TH AVE S 11534 40TH AVE S 11534 E MARGINAL WAY S 11535 40TH AVE S 11536 40TH AVE S 11540 40TH AVE S 11540 E MARGINAL WAY S 11545 40TH AVE E 115TH ST 11600 39TH AVE S 11602 40TH AVE S 11606 40TH AVE S 16700 31ST AVE S 149 1919 SHELTON AVE NE 23058 JOAQUIN RIDGE DR 23058 JOAQUIN RIDGE DR 25815 135TH LN SE 9 2811 75TH PL SE 306 3201 E YESLER WAY 3203 E YESLER WAY 35 FRONT ST S 3520 S 116TH ST 3540 S 116TH ST 3644 CORLISS AVE N 3806 S 116TH ST 3816 S 116TH ST 3818 S 116TH ST 3822 S 116TH ST 3826 S 116TH ST 3834 S 116TH ST 3836 S 116TH ST 3906 S 113TH ST OWNER_CITY OWNER_STATE OWNER _ ZIP TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 BURIEN WA 98146 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 SEATTLE WA 98168 TUKWILA WA 98188 SEATTLE WA 98168 SEATTLE WA 98168 SEATTLE WA 98168 SEATAC WA 98188 RENTON WA 98056 MURRIETA CA 92562 MURRIETA CA 92562 KENT WA 98042 MERCER ISLAND WA 98040 SEATTLE WA 98122 SEATTLE WA 98122 ISSAQUAH WA 98027 TUKWILA WA 98168 TUKWILA WA 98168 SEATTLE WA 98103 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER GOULD,JEFFREY R TUKWILA COMMUNITY MEMBER SWAN,JOHN K BLOWER,MARK J TUKWILA COMMUNITY MEMBER SZLUK,MICHAEL D TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER HOFFMAN,STANLEY G SIEBENBAUM,JOHN B HATTON,RALPH L AVILA - PETITT,KALIMAR A & DYLA BURNITE,PATRICK & KERRY BRASIER,JAMIE J MCKENNA,CATHERINE REICHLIN,THERESA REICHLIN NELSON,JOHN D SEBCO INC TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER RODRIGUEZ,MARLA & JUAN J VOGEL,WALTER H SATURNO,JEFF CHEW,GERALD SWANSON,DOUG SEATTLE CITY LIGHT STOCKMAN,DONALD H WOODEN LLC III JOSH JOHNS / E COBB ARCHITECTS 3910 S 113TH ST 3910 S 114TH ST 3914 S 113TH ST 3914 S 117TH ST 3915 S 113TH ST 3917 S 113TH ST 3922 S 113TH ST 3922 S 113TH ST 3922 S 115TH ST 3924 S 114TH ST 3928 S 113TH ST 3935 S 113TH ST 3938 S 113TH ST 3944 S 113TH ST 4002 S 115TH ST 4008 S 114TH ST 4008 S 114TH ST 4014 S 115TH ST 4016 S 115TH ST 4020 E MADISON ST 320 4023 S 114TH ST 4104 S 114TH ST 4110 S 114TH ST 4111 S 113TH ST 4115S114THST 8617 SE 76TH PL 909 MARINA VILLAGE PKWY 276 PO BOX 34023 PO BOX 68009 PO BOX 80246 911 WESTERN AVE, Ste# 318 TUKWILA SEATTLE SEATTLE SEATTLE TUKWILA SEATTLE SEATTLE TUKWILA TUKWILA SEATTLE TUKWILA SEATTLE TUKWILA SEATTLE TUKWILA TUKWILA TUKWILA SEATTLE TUKWILA SEATTLE SEATTLE TUKWILA TUKWILA TUKWILA TUKWILA MERCER ISLAND ALAMEDA SEATTLE SEATTLE SEATTLE SEATTLE WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA CA WA WA WA WA 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98112 98168 98168 98168 98168 98168 98040 94501 98124 98168 98108 98101 Applicant:Josh Johns for Wooden LLC Property Owners: Wooden LLC File #'s: L09 -064, L09 -065, E10 -013 Project Planner: Rebecca Fox, 206 -431 -3683 Project Description: Amend the Comprehensive Plan designation and zoning on two parcels generally located at 3914 S. 115 St. The request is to change Parcel 1 (Tax# 1023049072), by the southeast corner of Duwamish Riverbend Hill Park from Manufacturing/Industrial Center -Heavy (MIC/H) to Office (0), and Parcel 2 (Tax# 3351400905) located on west ed a of the adjacent residential neighborhood, from Low Density Residential (LDR) to Office (t Public Hearin —July 22, 2010: You are invited to comment on the request at a public hearing July 22, 2010 at 7 p.m. before the Tukwila Planning Commission, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206431 -3683. Environmental Review /SEPA — Tukwila has reviewed the project for probable adverse envi- ronmental impacts and expects to issue a determination of non - significance (DNS) via the optional DNS process in WAC 197 -11 -35 . This may be your only opportunity to comment on the environmental impacts of the project. If timely comments do not identify probable si fi- cant adverse impacts that were not considered by the anticipated determination the DNS will be issued without a second comment period. The proposal may include mitigation measures under applicable codes,. Comments : The applications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd #100, Tukwi( WA. We request your written com- ments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Comments must project received by 5:OOpm on June 21, 2010. You are receiving this notice because you are a property owner or tenant within 500ft of this project. 1 Applicant:Josh Johns for Wooden LLC Property Owners: Wooden LLC File #'s: L09 -064, L09 -065, E10 -013 Project Planner: Rebecca Fox, 206 -431 -3683 Project Description: Amend the Comprehensive Plan designation and zoning on two parcels generally located at 3914 S. 115 St. The request is to change Parcel 1 (Tax# 1023049072), by the southeast corner of Duwamish Riverbend Hill Park , Manufacturing/Industrial Center -Heavy (MIC /H) to Office (0), and Parcel 2 Tax# 335140005) located on west edge of the adjacent residential neighborhood, from Low Density Residential (LDR) to Office (0). Public Hearin duly 22, 2010: You are invited to comment on the request at a public hearing on July 22, 2010 at 7 p.m. before the Tukwila Planning Commission, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206431 -3683. Environmental Review /SEPA — Tukwila has reviewed the project for probable adverse envi- ronmental impacts and expects to issue a determination of non - significance (DNS) via the optional DNS process in WAC 197 -11 -35 . This may be your only opportunity to comment on the environmental impacts of the project. If timely comments do not identify probable signifi- cant adverse impacts that were not considered by the anticipated determination the DNS will be issued without a second comment period. The proposal may include mitigation measures under applicable codes,. Comments : The applications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd #100, Tukwila, We request your written com- ments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Comments must project received by 5:OOpm on June 21, 2010. You are receiving this notice because you are a property owner or tenant within 50011 of this project. Applicant:Josh Johns for Wooden LLC Property Owners: Wooden LLC File #'s: L09 -064, L09 -065, E10 -013 Project Planner: Rebecca Fox, 206 -431 -3683 Project Description: Amend the Comprehensive Plan designation and zoning on two parcels generally located at 3914 S. 115 St. The request is to change Parcel 1 (Tax# 1023049072), by the southeast comer of Duwamish Riverbend Hill Park , Manufacturing/Industrial Center -Heavy (MIC/H) to Office (0), and Parcel 2 (Tax# 335140005) located on west ed a of the adjacent residential neighborhood, from Low Density Residential (LDR) to Office (0). Public Hearing —July 22, 2010: You are invited to comment on the request at apublic hearing on July 22, 2010 at 7 p.m. before the Tukwila Planning Commission, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. You May request a copy of any decision, information on hearings, and your appeal rights by calling 206 - 431 -3683. Environmental Review /SEPA — Tukwila has reviewed the project for probable adverse envi- ronmental impacts and expects to issue a determination of non - significance (DNS) via the optional DNS process in WAC 197 -11 -35 . This may be your only opportunity to comment on the environmental impacts of the project If timely comments do not identify probable signifi- cant adverse impacts that were not considered by the anticipated determination the DNS will be issued without a second comment period. The proposal may include mitigation measures under applicable codes,. Comments : The applications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd #100, Tukwila, WA. We request your written com- ments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Comments must be received by 5:OOpm on June 21, 2010. You are receiving this notice because you are a property owner or tenant within 500ft of this project. Applicant:Josh Johns for Wooden LLC Property Owners: Wooden LLC File #'s: L09 -064, L09 -065, E10 -013 Project Planner: Rebecca Fox, 206 -431 -3683 Project Description: Amend the Comprehensive Plan designation and zoning on two parcels generally located at 3914 S. 115 St. The request is to change Parcel 1 (Tax# I023049072), by the southeast corner of Duwamish Riverbend Hill Park from Manufacturing/Industrial Center -Heavy (MIC/H) to Office (0), and Parcel 2 (Tax# 3351400905) located on west ed a of the adjacent residential neighborhood, from Low Density Residential (LDR) to Office (0) Public Hearing—July 22, 2010: You are invited to comment on the request at a public hearing on July 22, 2010 at 7 p.m. before the Tukwila Planning Commission, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206431 -3683. Environmental Review /SEPA — Tukwila has reviewed the project for probable adverse envi- ronmental impacts and expects to issue a determination of non - significance (DNS) via the optional DNS process in WAC 197 -11 -35 . This may be your only opportunity to comment on the environmental impacts of the project. If timely comments do not identify probable signifi- cant adverse impacts that were not considered by the anticipated determination the DNS will be issued without a second comment period. The proposal may include mitigation measures under applicable codes,. Comments : The applications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd #100, TukwiI WA. We request your written com- ments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Comments must project received by 5:OOpm on June 21, 2010. You are receiving this notice because you are a property owner or tenant within 500ft of this project. Ir eit* of J alum& Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, _Teri Svedahl HEREBY DECLARE THAT: X Notice of Public Hearing Project Number: L09 -064 & L09 -065 Determination of Non - Significance Rebecca Fox Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed /attached on this 7 day of July in the year 2010 W: \USERS \TERI\AFFIDAVIT OF DISTRIBUTION.DOC Project Name: Wooden LLC Project Number: L09 -064 & L09 -065 Mailing requested by: Rebecca Fox Mailer's signature: W: \USERS \TERI\AFFIDAVIT OF DISTRIBUTION.DOC OWNER_NAME TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER MARK LUND HARRISON,BRIAN K TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER SHUMATE,DAVID J & LAURIE PATTON,MATTHEW A TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER NGUYEN,MY DUNG EJW JR TUKWILA YARD LLC TUKWILA COMMUNITY MEMBER JUSTINE,ANNE E CARRASQUILLO,RENEE CHRISTIN QUIMBY,KEVIN LEADBETTER,DOUG CARLSON,ANNA M DAVIES,DOUGLAS SHINE,LAWRENCE THOMSON,JOEL THOMSON,JOEL THOMPSON LAND LLC TRUST LE LONG & ANNA TUKWILA COMMUNITY MEMBER EISIMINGER,WILLIAM F ROOT,THOMAS A TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER DESJARDIN,CATHERINE KERR,GEORGINA L TUKWILA COMMUNITY MEMBER WATSON,KENNETH TUKWILA COMMUNITY MEMBER OWNER_ADDRESS 11222 E MARGINAL WAY S 11311 41ST AVE S 11412 40TH AVE S 11439 15TH AVE SW 11532 40TH AVE S 11534 40TH AVE S 11534 E MARGINAL WAY S 11535 40TH AVE S 11536 40TH AVE S 11540 40TH AVE S 11540 E MARGINAL WAY S 11545 40TH AVE E 115TH ST 11600 39TH AVE S 11602 40TH AVE S 11606 40TH AVE S 16700 31ST AVE S 149 1919 SHELTON AVE NE 23058 JOAQUIN RIDGE DR 25815 135TH LN SE 9 2811 75TH PL SE 306 3201 E YESLER WAY 3203 E YESLER WAY 35 FRONT ST S 3520 S 116TH ST 3540 S 116TH ST 3644 CORLISS AVE N 3806 S 116TH ST 3816 S 116TH ST 3818 S 116TH ST 3822 S 116TH ST 3826 S 116TH ST 3834 S 116TH ST 3836 S 116TH ST 3906 S 113TH ST 3910 S 113TH ST OWNER_CITY OWNER_STATE OWNER _ ZIP TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 BURIEN WA 98146 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 SEATTLE WA 98168 TUKWILA WA 98188 SEATTLE WA 98168 SEATTLE WA 98168 SEATTLE WA 98168 SEATAC WA 98188 RENTON WA 98056 MURRIETA CA 92562 KENT WA 98042 MERCER ISLAND WA 98040 SEATTLE WA 98122 SEATTLE WA 98122 ISSAQUAH WA 98027 TUKWILA WA 98168 TUKWILA WA 98168 SEATTLE WA 98103 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168. TUKWILA WA 98168 GOULD,JEFFREY R SANCHEZ,IGNACIO TUKWILA COMMUNITY MEMBER SWAN,JOHN K BLOWER,MARK J TUKWILA COMMUNITY MEMBER SZLUK,MICHAEL D TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER HOFFMAN,STANLEY G SIEBENBAUM,JOHN B HATTON,RALPH L AVILA - PETITT,KALIMAR A & DYLA BURNITE,PATRICK & KERRY BRASIER,JAMIE J MCKENNA,CATHERINE REICHLIN,THERESA REICHLIN,THERESA REICHLIN,MATTHEW TUKWILA COMMUNITY MEMBER NELSON,JOHN D SEBCO INC TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER RODRIGUEZ,MARLA & JUAN J VOGEL,WALTER H SATURNO,JEFF CHEW,GERALD SWANSON,DOUG SEATTLE CITY LIGHT STOCKMAN,DONALD H WOODEN LLC III JOSH JOHNS / E COBB ARCHITECTS 3910 S 114TH ST 3914S113THST 3914 S 115TH ST 3914 S 117TH ST 391.5 S 113TH ST 3917 S 113TH ST 3922 S 113TH ST 3922 S 113TH ST 3922 S 115TH ST 3924 S 114TH ST 3928 S 113TH ST 3935 S 113TH ST 3938 S 113TH ST 3944 S 113TH ST 4002 S 115TH ST 4008 S 114TH ST 4008 S 114TH ST 4010 S 114TH ST 4014 S 115TH ST 4014 S 115TH ST 4016 S 115TH ST 4020 E MADISON ST 320 4023 S 114TH ST 4104 S 114TH ST 4110 S 114TH ST 4111 S 113TH ST 4115 S 114TH ST 8617 SE 76TH PL 909 MARINA VILLAGE PO BOX 34023 PO BOX 68009 PO BOX 80246 911 WESTERN AVE, Ste# 318 SEATTLE WA SEATTLE WA TUKWILA WA SEATTLE WA TUKWILA WA SEATTLE WA SEATTLE WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA SEATTLE WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA SEATTLE WA TUKWILA WA SEATTLE WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA MERCER ISLAND WA PKWY 276 ALAMEDA CA SEATTLE WA SEATTLE WA SEATTLE WA SEATTLE WA 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98112 98168 98168 98168 98168 98168 98040 94501 98124 98168 98108 98101 CITY OF TUKWILA NOTICE OF APPLICATION and HEARING PROJECT INFORMATION Project Description: The proposals under consideration are the requests to amend the Comprehensive Plan designation and zoning map as follows: 1) The request pertains to two parcels generally located at 3914 S. 115 St -- Parcel 1 (Tax #1023049072), by the southeast corner of Duwamish Riverbend Hill Park , from Manufacturing/Industrial Center -Light (MIC/L) to Office (0), and Parcel 2 (Tax# 3351400005), located on west edge of the adjacent residential neighborhood, from Low Density Residential (LDR) to Office (0). (File #s L09 -064 & L09 -065) 2) The request is to change the current Comprehensive Plan designation and zoning from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) on one parcel, located at 4300 S. 133rd St., Tukwila, WA (Tax # 2613200131) -- . A Type 2 stream and Type 2 wetland are located on the property. (File #s L09 -067 & L10 -002) 3) Amend the Zoning Map only as required to establish underlying zoning that is consistent with and identical to the already- existing Comprehensive Plan designation for the property recently annexed into Tukwila, known as the Tukwila South annexation area. The existing Comprehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South (TVS). and the proposed zoning districts are the same as the Comprehensive Plan designation. The existing supplemental Tukwila South Overlay District zoning also applies. Any potential adverse environmental impacts of establishing underlying zoning have been discussed as part of draft and final environmental impact statements that addressed future development in the Tukwila South project area. (File # E04 -015 and #E05 -015) No additional environmental review will be prepared to establish underlying zoning consistent with the existing Comprehensive Plan. (File #L10 -035) Projects applied for include: SEPA/Environmental Review: — File #E10 -013. Comprehensive Plan/Rezone: #L10 -035, #L09 -067 , # L10 -002, # L09 -064 & #L09 -065 Optional DNS: Tukwila has reviewed the requests for Comprehensive Plan amendment/Rezone for probable adverse environmental impacts and expects to issue a determination of non - significance (DNS). The optional DNS process in WAC 197 -11 -35 is being used. This may be your only opportunity to comment on the environmental impacts of the project. If timely comments do not identify probable significant adverse impacts that were not considered by the anticipated determination the DNS will be issued without a second comment period. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared FILES AVAILABLE FOR PUBLIC REVIEW. The applications are available for review at the City of Tukwila, Department of Community Development (DCD), located at 6300 Southcenter Blvd #100. PUBLIC HEARING JULY 22, 2010 & OPPORTUNITY FOR PUBLIC COMMENT. PUBLIC HEARING -- JULY 22, 2010: You are invited to comment on the request at a public hearing on July 22, 2010 at 7 p.m. before the Tukwila Planning Commission, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206 - 431 -3683. Your written comments on the project are requested. They must be delivered to DCD at the address above or postmarked no later than 5:00 P.M., July 21, 2010 You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431 -3670. For further information on this proposal, contact Rebecca Fox at (206) 431 -3683, rfoxs@ci.tukwila.wa.us or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. SEPA Application Filed: SEPA Application Complete: 7/7/10 Notice of SEPA Application Issued: 7/7/10 l _. " 0 Department of Community Development • City of Tukwila Jim Haggerton, Mayor Jack Pace, Director CHAIR, BILL ARTHUR, VICE - CHAIR, MARGARET BRATCHER, COMMISSIONERS, GEORGE MALINA, LYNN PETERSON, BROOKE ALFORD, THOMAS MCLEOD AND LOUISE STRANDER PLANNING COMMISSION PUBLIC HEARING JULY 22, 2010 - 6:30 PM TUKWILA CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER II. ATTENDANCE III. ADOPTION OF 06 -24 -10 MINUTES IV. FILE NUMBER: L09 -064 APPLICANT: Wooden LLC REQUEST: Amend Comprehensive Plan designation on two lots, including 1) from Manufacturing/Industrial Center -Light (MIC -L) to Office (Tax #1023049072); and 2) Low Density Residential (LDR) to Office (0) (Tax #3351400005). LOCATION: 3914 S. 115th St., Tukwila, WA 98188 V. FILE NUMBER: L09 -065 APPLICANT: Wooden LLC REQUEST: Amend Zoning Map designation on two lots, including 1) from Manufacturing/Industrial Center -Light (MIC -L) to Office (Tax #1023049072); and 2) Low Density Residential (LDR) to Office (0) (Tax #3351400005). LOCATION: 3914 S. 115th St., Tukwila, WA 98188 VI. FILE NUMBER: L09 -067 APPLICANT: Macadam LLC REQUEST: Amend Comprehensive Plan designation from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) (Tax# 2613200131). LOCATION: 4300 S. 133`d St., Tukwila, WA VII. FILE NUMBER: L10 -002 APPLICANT: Macadam LLC REQUEST: Amend Zoning Map designation from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) (Tax# 2613200131). LOCATION: 4300 S. 133`d St., Tukwila, WA Page 1 of 2 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 STAFF REPORT TO THE PLANNING COMMISSION HEARING DATE: July 22, 2010 NOTIFICATION: Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 Site posted, 7/12/10 FILE NUMBER: L09 -064 (Comprehensive Plan Amendment) L09 -065 (Rezone) APPLICANT: Wooden LLC REQUEST: LOCATION: Amend Comprehensive Plan/Zoning Map on two parcels, including: 1) Manufacturing/Industrial Center —Light (MIC /L) to Office (0); and 2) from Low Density Residential (LDR) to Office (0) Vicinity of 3912 S. 115`h St., Tukwila (Tax Parcels #1023049072 —MIC /L & #3351400005- -LDR) COMPREHENSIVE PLAN DESIGNATION: Manufacturing/Industrial Center —Light (M/IC -L) and Low Density Residential (LDR) ZONE DESIGNATION: Manufacturing/Industrial Center —Light (M/IC -L) and Low Density Residential (LDR) SEPA DETERMINATION: Determination of Non - significance (DNS), 7/21/10 STAFF: Rebecca Fox ATTACHMENTS: A. Application (L09- 064) — Comprehensive Plan B. Application (L09- 065)— Zoning Map Change C. Minutes —City Council Regular Meeting(7/6/10) D. Aerial vicinity with zoning E. Zoning map = F. Use comparison by zone G. Development Standards comparison by zone H. Comment letters Rf 1 07/15/2010 W:\ Users \Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc FINDINGS Background and Project Description The applicant Wooden LLC seeks to amend the Comprehensive Plan and zoning designation on two lots located southeast of the Duwamish Riverbend Hill Park, generally located at 3914 S. 115th Street, Tukwila, WA. (Attachments A and B) Parcel 1, currently zoned MIC -L, is immediately adjacent to Duwamish Riverbend Hill Park. It was envisioned as part of the Park in the 2007 Duwamish Riverbend Hill Park. The property is now serving as storage for construction equipment, a permitted use in the current MIC/L zone. The second lot, Parcel 3, is located at the western edge of the residential neighborhood, and is zoned Low Density Residential. It is now vacant, but at one time it contained a single - family house. The applicant is requesting to rezone both properties to Office (0), with the wish to create a development opportunity that will "both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use." The goal is to construct an office building. No specific project information has been provided. Any project is subject to development review under the Office zoning. Design review and SEPA/environmental review would take place when a project is proposed. The applicant has offered to donate a third small property, Parcel 2, to the City of Tukwila for the purposes of shoreline and riverbank enhancement and trail development if the proposed Office rezone is approved. The lot is located adjacent to the Duwamish River and lies across S. 115th Street from the properties that are requesting Comprehensive Plan amendment/rezone. This proposed donation is not a factor in considering whether to approve the requested map change, but would be a positive acquisition for the shoreline. In light of poor economy, the ongoing storage lease, and the time required to start site development for a future office use, the applicant has requested that he be allowed to continue use of the construction storage yard for two years after the Comprehensive Plan amendment and rezone are approved. The storage yard, now operating as a permitted use on Parcel 1 under the current MIC /L zoning, would become a non - conforming use if the rezone to Office is approved. During the two -year period, the applicant will prepare to redevelop of the site, while operating the construction storage lot. If the City of Tukwila feels that this request is appropriate, it could be enacted through a contract rezone. The contract rezone would also be referenced in the Comprehensive -Plan recommendation. In this case, the applicant would be required -to cease storage yard operations in a set time period after the rezone becomes effective, and to donate Parcel 2, located along the Duwamish River, to the City for public use. If the storage yard did not Rf 2 07/15/2010 W: \Users \Minnie\Minnie - -PC Staff Reports\PC.Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc cease operations by the deadline, the rezone would become void zoning would revert P Y � g to the previous MIC /L and LDR._ The small waterfront property would remain in City ownership for public use. Tliese'eonditions would serve to protect both community and City interests. The Community Affairs and Parks Committee were briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity /Site Information Site: The two lots are located 3912 and 3914 S. 115th Street. Lot #1 (current M/IC -L) is approximately square in shape and fronts on S. 115th Street. A small portion of the northernmost part the property is Type 3 slope, with "high landslide potential, and slopes between 15% and 40% underlain with relatively impermeable soils or by bedrock. Lot #3 (current LDR) is rectangular in shape, and also fronts on S. 115th Street. Approximately one -half of the property contains Type 3 slopes. The two lots total approximately 15, 633 s.f. or .36 acres. Vicinity: The immediate neighborhood is a mixture of single - family residential uses, and commercial /industrial activity. Single - family residential uses are immediately adjacent to the north and east along 40th Avenue South and S. 113th and 114th Streets South, as well as across the Duwamish River. Topography provides a break between the subject property and the existing single - family residential. Industrial uses commonly associated with the MIC/L, including truck sales and service, United Parcel Service shipping, air freight, and construction storage are located along E. Marginal Way to the west. The light rail track runs along E. Marginal Way South, approximately one -tenth mile away. The Burlington Northern train yard is approximately '/4 mile east in an MIC/H zone. Fire Station #53 is located at 4202 S. 115th Street in the Residential Commercial Center (RCC) zone approximately one -tenth mile south east. A wedding store /office is located adjacent south in a High Density Residential (HDR) zone. The most visible feature is Duwamish Riverbend Hill Park, immediately adjacent to Parcel 1. Like Parcel 1, the Park is zoned MIC/L. Owned by the City of Tukwila, it is an established park and is used for cultural and recreational purposes, rather than industrial activity. It has been designated as Public Recreation Overlay (PRO). This overlay, placed on parks and trails, such as the Foster Links, or Centennial Park, supplements a property's underlying zoning and ensures that the park or trail property will be used exclusively for recreational purposes. A pedestrian/bicycle trail, accessible by a foot bridge approximately four — tenths of a mile south, runs on the western side of the Duwamish River. Duwamish Park is approximately three- tenths of a mile away, and the Tukwila Community Center is one mile south Rf 3 07/15/2010 W: \Users\Minnie Minnie - -PC Staff Reports \ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc • • COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. (TMC 18.80 and 18.84) 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? Aspects of the requested change designation are addressed in several goals and policies. Four broad - reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. Tukwila Comprehensive Plan Objective #1 is "To improve and sustain residential neighborhood quality and livability." Redesignating the existing MIC/L property to Office provides a better transition between Duwamish Riverbend Hill Park on the west, and the residential uses to the immediate east. The potential impacts of development allowed in the current MIC/L (i.e. gas station, auto repair, contractor storage, etc.) are likely to be more negative to residential quality, than the uses (such as office, gallery, etc.) allowed under the proposed Office zone. The rezone to Office eliminates one LDR residential lot, and the possibility of future housing development. Goal 7.2 Noise Abatement — Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. Uses allowed under the Office designation may have less impact on the neighborhood, - including the adjacent Duwamish Riverbend Hill Park and single - family homes, than those in the current MIC/L designation. Converting Parcel 3, a residentially -zoned lot, to Office places a commercial use adjacent and in the vicinity of other property that is now zoned or used for single - family homes. The subject lot and its adjacent residential lot are vacant. Existing residential uses are located farther up the hill on 40th Avenue South, and are separated from the site by sloping topography. New development would access along S. 115th Street, avoiding the residential neighborhood. Goal 7.3 Overall Land Use Pattern —A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible use. • The existing MIC/L is an abrupt transition to a use that is potentially incompatible with the adjacent residential uses, as well as the existing park. An office use may provide a more gradual transition with fewer potential impacts. Rf 4 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc • Residential Neighborhoods - Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single family_ and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. The proposed Comprehensive Plan change Office would eliminate one residential lot, but would also avoid the potentially negative impacts of an automotive repair shop or manufacturing business adjacent to residential, setting clear boundaries between the residential neighborhood and the adjacent Park. Policy 11.1.6 — Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. Parcel 1 is zoned MIC/L, but there are no industrial uses in the immediate vicinity. The Duwamish Riverbend Hill park, although now zoned MIC/L, will remain in recreational use as a park, and will not be developed for industrial purposes. The majority of industrial type activity is located west toward E. Marginal Way South. Several blocks east, the active Burlington Northern yard abuts another LDR residential neighborhood, and is zoned MIC/H. Immediately adjacent to the single - family neighborhood and the Duwamish Riverbend Hill Park, Parcel 1, the existing MIC/L lot, is separated from similar uses. It is not compatible with the adjoining public park. The neighboring single - family homes are without adequate buffer should a permanent industrial use locate there as allowed under the current MIC/L designation. Any light manufacturing/industrial activities have the potential to negatively impact the residential neighborhood. Goal 1.5—A riverfront that is accessible, developed, and appreciated as a major amenity of the community and region. This goal addresses the possible donation of the riverfront Parcel 2 to the City for public use. 2) If the issue is not adequately addressed in the Comprehensive Plan, is there a need for the proposed change? • The proposed amendment draws attention to Parcel 1's current MIC/L designation, which is not the most appropriate for the location i.e. adjacent to a City park, and single - family homes, and separated geographically from the remainder of the Manufacturing/Industrial Center's industrial uses. • Rezones and Comprehensive Plan changes are exempt from the current moratorium on certain types of development in the MIC area. • Parcel 3 is somewhat separated from neighboring homes by topography, as well as through its orientation and access on S. 115th Street, rather than 40th Avenue South or S. 116th Street like the other homes. This makes its redesignation to Office and its inclusion in office -type redevelopment more feasible and desirable. Rf 5 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff. Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc • • • Office use could be more appropriate to the location than a light manufacturing use, as is permitted under the current Comprehensive Plan and zoning. 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? • Designating Parcel 1, which is currently MIC -L, to Office provides a needed buffer for nearby residential zones from the potential negative impacts of industrial activity. Since the MIC/L -zoned Duwamish Riverbend Hill Park was developed, the adjacent Parcel 1 is isolated from existing and potential industrial uses. • Designating both Parcel 1 and Parcel 3 as Office will provide sufficient space for well - designed development. • Office designation will facilitate longer term improvements to the area, with new investment in non - industrial, lower impact office use. • Office use will provide employment and revenue - generating activities for the community. • Office use could spur lower - impact redevelopment, which will enhance the community by bringing daytime activity to the street and adjacent park. • Designating Parcel 3, which is now vacant LDR, as Office removes potential residential uses, and brings non - residential office use into the vicinity of a single - family residential area. • The public need for housing could be met by retaining the LDR zoning on Parcel 3, and rezoning only Parcel 1 to Office. Rezoning one parcel would still provide a buffer from light industrial uses for nearby single - family homes. • The public need to avoid an industrial use adjacent to residential and park use could be met by rezoning both parcels as Residential Commercial Center (RCC). This zone allows up to two stories of office or retail, but stipulates that a third floor if built, must be used for housing. • If the Office designation is approved, donation of Parcel 2 to the City of Tukwila can maintain and enhance public use along the shoreline. 4) Will the proposed change result in a net benefit to the community? • The proposed change could benefit the community by allowing a lower - impact office -type use to develop on the site, rather than light manufacturing, with its potentially greater negative impacts to the adjacent residential community • The proposed change may spur redevelopment along S. 115th that will benefit the community. • Office use will generate daytime activity in the area, but will not create impacts at night. • A potentially harmful MIC/L use, such as gas station or auto repair, would no longer border the residential neighborhood to the east, or the park to the west. • Extending an office -type use into the residential area precludes future single- family residential activity on Parcel 3. • Tukwila would gain public land along the Duwamish River through donation of Parcel 2. Rf 6 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports \ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc • • • The existing construction storage is a permitted use under the current MIC /L zoning and produces some economic value. Construction storage is not a permitted use =_ under the Office zone, and the storage yard would become a non - conforming use. — • Allowing the contractor storage yard to operate as a legal non - conforming use for a set time period after rezone to Office maintains the status quo without additional impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, the current MIC/L and LDR zoning would be unchanged. The public would benefit by the donation of the waterfront parcel in either case. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? • Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain and enhance residential neighborhoods, and to protect them from undue noise. Redesignating from Manufacturing Industrial Center /Light to Office enhances the neighborhood through the possible development of lower impact office use. • The proposal eliminates one Low Density Residential lot, and precludes future residential development. 2) Impacts? • The requested map change to Office could potentially add lower - impact office or similar development that would enhance the appearance of the area without significantly affecting the existing residential uses up the hill. • Specific redevelopment plans will undergo environmental, design review and building permit review. 3) Meeting identified public need? Other options? • Designating Lot 1, which is currently MIC/L, to Office provides a needed buffer for nearby residential zones from the potential negative impacts of industrial activity. Since the MIC/L -zoned Duwamish Riverbend Hill Park was developed, the adjacent Parcel 1 is isolated from existing and potential industrial uses. • Designating both Lots 1 and Lots 3 as Office will provide sufficient space for well - designed development that will produce employment and revenue, and will enhance the community with fewer impacts than the existing MIC/L zone. Lot 1 could be designated as Office, and Lot 3 could be left as Low Density Residential in order to maintain the possibility of housing being developed. Rf 7 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports \PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc • • • Designating Lots 1 and 3 as ResidentiaLCommercial Center (RCC) would enable a mixed used development to be built With-office or retail on the first two floors, with a possible third floor in residential use. This would bring both office /retail use and housing to the area, while eliminating negative impacts of the MIC /L zoning. 4) Benefit to the community? • Lower impact office -type use would offer greater benefits and fewer negative impacts than the existing MIC/L zoning. • Office use will generate daytime activity in the area, but will not affect nearby residents at night. • Allowing the contractor storage yard to operate as a legal non - conforming use for two years through a contract Comprehensive Plan amendment/rezone to Office maintains the current status without more impact to the community, and adds an incentive for the applicant to complete construction. • If the conditions are not met, there would be no change in zoning, and the current MIC /L and LDR status would be unchanged. The public would not be harmed since the use is already in operation, and would benefit by the donation of the waterfront parcel in either case. COMPREHENSIVE PLAN — RECOMMENDATION: Staff recommends the following: Approval of the Comprehensive Plan Map amendment of property located at 3912 S. 115th Street (Tax # 1023049072) from Manufacturing Industrial Center/Light to Office and property located at 3814 S. 115th Street (Tax #1023049063) from Low Density Residential to Office with the following conditions: 1) All requirements of the following contract rezone must be met including: a. Contractor storage operations shall not be allowed on Tax Lot # 1023049063, and shall be completely removed prior to the effective date of this rezone; b. The contractor storage yard on Tax lot #1023049072 shall meet all legal requirements, and shall cease all operation no later than two years (730 days) after the effective date of the rezone; c. In the event that all operations of the contractor storage yard are not terminated by the deadline above, the rezone shall be voided. Office zoning shall revert to Manufacturing Industrial Center /Light (Tax # 1023049072) and Low - Density Residential (Tax # 1023049063) without further legislative action; d. Applicant agrees that Tax Parcel 3351400005 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date of the rezone. The dedication of this parcel shall survive any reversion of zoning, by virtue of non - compliance with the terms of this agreement. 2) In the event that the.rezone.is voided, the Comprehensive Plan amendment shall_ also be voided. Office designation shall revert to Manufacturing Industrial Center /Light (Tax # 1023049072) and Low - Density Residential (Tax # 1023049063) without further legislative action. Rf 8 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\PC.Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc • • FILE #L09 -002 -- 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 the discussion of Comprehensive Plan Criteria (above), the proposed Office zoning is consistent with the Comprehensive Plan, as follows: • Plan Objective #1 —To improve and sustain residential neighborhood quality and livability • Goal 7.2 Noise Abatement — Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors. • Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single - family and stable multi - family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries • Policy 11.1.6 — Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.18.010, the requested Office zone is " intended to provide for areas appropriate for professional and administrative offices, mixed with certain retail uses. Because of the generally light environmental and traffic impacts and daytime use characteristics of offices, it is further intended that such districts may serve as buffers between residential districts and commercial and/or industrial areas. The proposed rezone from Manufacturing Industrial Center /Light (MIC/L) and Low Density Residential (LDR) will fulfill this purpose by allowing offices to be built. Attachment F compares the uses permitted in the requested Office with the current Manufacturing Industrial Center/Light (MIC /L) and Low Density Residential (LDR). For example, Office zoning permits uses such as office, studios and planned mixed use development combining retail and office. Restaurants are also permitted uses. Permitted MIC/L uses include automotive services, heavy equipment repair andsalvage, manufacturing and processing of various kinds, motels, offices, parks, healtli clubs, restaurants. Rf 9 07/15/2010 W: \Users\Minnie\Minnie - -PC StaffReports\ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc • • Although there is some overlap in permitted uses, Office zoning allows a wider range of uses that are compatible with the nearby residential neighborhood. Office zoning would generally enable development that offers a better transition to the adjacent Low Density Residential than the MIC /L zone now provides. Office requires a 25' front yard setback, while the required setback for both LDR and MIC/L front yard setback is 20'. The proposed Office zone allows building heights up to 3 stories or 35', vs. 45' or four stories in MIC /L and LDR 30 feet in the LDR. (Attachment G) The proposed Office zone requires design review for commercial structures 1, 500 square feet or larger. Design review is required for the existing MIC/L in proximity to residential districts and the Duwamish River. Design review is not required for the LDR. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Since the current zoning was established in 1995, the 8.6 acre parcel immediately adjacent to Parcel 1 was developed as Duwamish Riverbed Hill Park. Zoned MIC /L, the property had previously been known as Poverty Hill and had been sought for industrial development with plans to dynamite the hill and its outcropping of bedrock. In 2001, the Cascade Land Conservancy, the City of Tukwila and a citizen group called Friends of the Hill formed a partnership to work for the preservation of the hill. In 2004, the property was purchased by the Cascade Land Conservancy, and transferred to the City of Tukwila to establish a cultural and natural preserve. Although the Duwamish Riverbend Hill Park has not been formally rezoned from MIC/L, it operates as a park, and has a supplemental Public Recreation Overlay zoning. Establishing the recreational use has isolated Parcel 1 from other MIC /L uses, making an industrial use less appropriate to the site than before. 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 In a broad sense, the office or commercial uses that are permitted in the requested Office zoning could benefit the region and the community by providing additional employment opportunities and tax income. The existing Manufacturing /Industrial Center —Light zoning is not in the best interest of the neighborhood as it permits a light manufacturing/industrial use adjacent to residential zoning. ..- Well- designed development.under the Office zone would,benefit the:corrimunity.more... • than the existing vacant residential property, and storage yard. Rather than an isolated Rf 10 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\PC.Staff.Rpt .Wooden -- No.P.R.O. - -- 7.14.10 p.m..doc • manufacturing /industrial activity, • use of both properties as part of a coordinated office - related project could promote public health, safety and comfort through good design. Office uses, as permitted in the 0 zone have typically lighter environmental impacts and would provide a more appropriate transition to the LDR zone than the current MIC /L zoning. Future development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property, and provide Tukwila a clear means to evaluate any future proposed development, accommodate neighborhood conditions, and avoid adverse impacts to the adjacent properties and the community. Contract Rezone: As discussed earlier in this report, the applicant has asked to maintain the construction storage yard as a legal, non - conforming use after the requested rezone to Office while preparing to redevelop the site. If desired, this could be accomplished through a contract rezone and a Comprehensive Plan amendment citing the contract rezone. The applicant would be required to cease storage yard operations in a set time period after the rezone becomes effective, and to donate Parcel 2 along the Duwamish to the City for public use. If the storage yard did not cease operations by the deadline, the rezone would become void and zoning would revert to the previous MIC /L and LDR. The small waterfront property would remain in City ownership for public use. These conditions would serve to protect both community and City interests. Allowing the contractor storage yard to operate as a legal non - conforming use for a set time period after rezone to Office maintains the status quo without added impact to the community, and adds an incentive for the applicant to complete construction. If the conditions are not met, there will be no change in zoning. The contractor yard could continue to operate as a permitted use in the MIC/L, as is the case now. The public benefits by the donation of the waterfront parcel in either case. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • Office zoning is consistent with existing Comprehensive Plan policies that support good transitions between industrial/commercial and residential uses, limit noise impacts on residential uses, and promote stable neighborhoods. 2) Consistency with Zone: • Office zoning allows a broader range of uses that are compatible with the existing residential neighborhood than Manufacturing Industrial Center/Light zoning. Rf 11 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\ PC .Staff.Rpt.Wooden-- No.P.R.O. - -- 7.14.10 p.m..doc • • 3) Changed conditions: • Development of Duwamish Riverbend Hill Park has isolated Parcel 1 from other MIC /L zones and uses, making it less likely to develop as an industrial use. 4) Community interest: • Development that is allowed under the Office would benefit the community by allowing a wider range of uses with less impact on the surrounding neighborhood than the uses that are permitted in the current Manufacturing Industrial Center zoning. • The donation of Parcel 2 would allow Tukwila to gain public land along the Duwamish river for restoration and possible trail development. • A contract rezone to Office maintains the status quo without added impact to the community, and adds an incentive for the applicant to complete construction. • If the conditions are not met, there would be no change in zoning, and the current MIC/L and LDR remain. The public would not be harmed since the construction storage yard is already in operation and the existing conditions remain. The public would benefit from the donation of the waterfront parcel in either case. • Although not part of the rezone request, it is in the community interest officially to add the "Public Recreation Overlay" to the Duwamish Riverbend Hill park property to indicate continued park use. ZONING — RECOMMENDATION: Staff recommends the following: Approve a contract rezone of property located at 3912 S. 115th Street (Tax # 1023049072) from Manufacturing Industrial Center/Light to Office and property located at 3814 S. 115th Street (Tax #1023049063) from Low Density Residential to Office subject to the following requirements: a) Contractor storage operations shall not be allowed on Tax Lot # 1023049063, and shall be completely removed prior to the effective date of this rezone; b) The contractor storage yard on Tax lot #1023049072 shall meet all legal requirements, and shall cease all operation no later than two years (730 days) after the effective date of the rezone; c) In the event that all operations of the contractor storage yard are not terminated by the deadline above, the rezone shall be voided. Office zoning shall revert to Manufacturing Industrial Center /Light (Tax # 1023049072) and Low - Density Residential (Tax # 1023049063) without further legislative action. d) Applicant agrees that Tax Parcel 3351400005 shall be dedicated in fee to the City of Tukwila within 90 days of the effective date the rezone. The dedication of this parcel shall survive any reversion of zoning, by virtue of hon- compliance with the terms of this agreement. Rf 12 07/15/2010 W: \Users\Minnie\Minnie - -PC Staff Reports\PC.Staff.Rpt.Wooden -- No.P.R.O. - -- 7.14.10 p.m..doc • CITY OF TUKWILA .Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 F.4X (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us • APPLICATION ATTA_ A COMPREHENSIVE. PLAN AMENDMENTS FOR STAFF USE ONLY Permits Plus Type: P -CPA s — G P A Planner: 12a ` C "...r-,2 X. File Number: L o 1-- O b 1: Application Complete (Date: L(,f16 llr, ) Project File Number: Application Incomplete (Date: / JI.zJ.fra ) Other File Numbers: L, oq .. o c NAME OF PROJECT/DEVELOPMENT: 1PO O D 5 f LL-(... O./ L— L p fp u LOCATION OF PROJECT /DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 39111 5 / (5TH ST AND AOJACE/-1 T LoT, PASR -CE-L 10zJ9go72 -t- 3351 400005' LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 10Z3o y g072 '3351 `1 00005, IoZ 304'3063 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, e has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: J051 -1 —101-IMS 02 C1z16 CoB� E. CoB& t4ac1- (i Ec c $ Address: I ( wE5rE2l -1 Ve 3 ( g Phone: 2i96 -227 -- of36.. FA)(• zo6 -z33 E -mail: .J .S O f4/4 5 63 c.0 1m3 4 ac . GoA.A Signature: Date: l Z — 17 — D cf Attachment A 69 • • A. COMPREHENSIVE PLAN DESIGNATION: Lf -0000 L O K k:i�fi.;+ `d.`.: Existing: Z 3O H. �. 0 7Z /1P1 I GIL j_3�E =___ S- Proposed: 1013 0 Li + 3 3S I Y 000 oci - 0 - oFr -1G C B. ZONING DESIGNATION: Existing: 10 2. 30 I -1 90 7Z — M 1 LlL 33; l (00005- LO(. Proposed: l02.3o `{ 94o7Z. + 3351 `-f O000 5 - D - C. LAND USE(S): Existing: VALhNT - 10230 4 9o")Z • SINGLE FiNUL't' ye.E5 - 33514 ocoo..5 Proposed: oFFI Foe goTR )o230 9 /072- 4- 3351 Y00005 (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. T t+r ovuWktiAtsl4 HILL. PA2k 1 01Z-PEk5 TKE WEST AND No11T{ -1 P2oPER -TY E bE AND IS WAR.ENTLY AAIC /L THE Pt oPER.T}1 T"o TH-E Er45T A"I P SovTM (A6RDSS Tt+E Dow /4 1■A's,4 1.tvER5 IS 1- (2. 2ES iIDENr'IftL. A4PRoXiIAA -T ELY woo" To 7-14e EA-5T Two SNAALL ARSA5 AR-e- - zor{Et Rex_ 70 STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: CITY OF TUKWILA Department of Community Development 6300 Southcenter 3ouievard, Tukwila, WA 98I88 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E- mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP Mill HOLD HARMLESS PERMISSION TO. ENTER PROPERTY ss 1. 1 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. • i 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 roe;t}+� I�ocat d at 3 91 .5 116 =T Vk-k'M1 j. or TV T14E 1,✓EST P P P P*•f a god j•tj fl, 3t3 ;140Ooe 5, tQ 8 L4' OL � for the purpose of application review, for the limited time necessary to comp e e gist purpose. 5. Owner agrees to hold the•City harmless for any Toss 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 -- C641Z4 pool-4,16p- STATE o4,16 Print Name Address Z Phone Number Signature A V o,-,4'( On this day personally appeared before me FrA 47,4/40 %%4.4t-1 to me known to be the individual who executed the foregoing instrument and acknowledged that he /sin signed the same as his/ (voluntary act and deed for the uses and purposes mentioned therein. ' D SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 18 DAY OF Tee- NOTARY P 20`c7 /Z{",__, 7 !!f/- Pic LIC in and for the Stute of Washington / residing ut .aveo NW t�1 Fe' // -My Commission expires on 2/2f/21,/ 2-- 71 E. Cobb Architects Inc. 911 West venue #318 Seattle, WA 93104 206.287.0136 tel 2 233.9742 ax w mv.ccbbarcn com PROPOSED COMPREHENSIVE _PLAN ADMENDMENT SUMMA:- (parcels 1023049072, 3351400005, 1023049063) The proposed rezone and plan amendment involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden III LLC, currently owns three parcels bordering the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MIC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Parcel C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden III llc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal, the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden III would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, if the proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. In Lieu of the.MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. 73 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287.0136 tel 206.233.9742 tax www.cobbarch.com • • We firmly believe that both the City of Tukwila and the Owner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletcher, has reviewed our proposal and has provided a response letter supporting the proposed rezone. A. COMPREHENSIVE PLAN,AMENDMENT CRITERIA (TMC 18.80.050) Demonstrate how each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for the proposed change? In recent years Tukwila has acquired and developed Duwamish Hill Park, originally designated MIC /L land. Although the land is still zoned MIC /L the development of the public park has had a significant impact on privately owned Parcel A, B and C. The creation of Duwamish Hill Park separates Parcel C and B from the remaining MIC /L zone essentially making a small island of MIC /L zoning surrounded by Park and Residential land. Creating a small island of MIC /L zoning within Park and residential zoning clearly is not in line with the Comprehensive plan (see response to "An explanation of why the current comprehensive plan or development regulations are • deficient or should not continue in effect" below). The proposed rezone would improve the zoning conflict created by the newly developed Duwamish Hill Park. Why is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The proposed change improves an awkward zoning adjacency created by Duwamish Hill Park. The City's land acquisition of Parcel B is the best possible means of meeting the public needs associated with the park, trail and Shoreline planning. While acquiring parcels A and C may also be in the City's best interest, Wooden III Ilc views this as a strong development opportunity. Nonetheless they would be open to this discussion as well. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? In all cases the proposed rezone is a net gain for the community and landowner. -A potentially harmful use adjacent to a Park and residential neighborhood will be eliminated. -A combined development site zoned (0) Office will provide employment opportunities for the community without the harmful industrial use possible with the existing MIC /L designation. 74 E. Cobb Architects Inc. 911 Wester #318 Seattle, WA 98104 206.287.0136 tel 20 '733.9742 fax www.ccbbarch.corn - The City will acquire a piece of Duwamish waterfront property that would allow for future Shoreline development plans and trail projects. See attached 'Existing and Planned Pedestrian and Bike Facilities" - The City's acquisition of Parcel B would eliminate possible industrial development along the water way adjacent to the City Park. B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) A detailed statement of what is proposed and why; A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; The proposed rezone would eliminate a potential harmful use adjacent, to an established residential neighborhood and newly developed Public Park. With the creation of Duwamish Hill Park Parcel C and A became an island of MIC /L separated from the larger MIC zone. The proposed rezone to Office zoning would eliminate potential harmful uses on the site that may create excessive noise and traffic adjacent to the park and residential zone. Similar to the MIC /L zoning the proposed (0) Office would provide opportunities for employment but in a situation much more suited for a park and residential neighborhood. Both the Park and adjacent residential neighborhood would benefit from the proposed rezone. The City's acquisition of Parcel B would also create a continuous section of City owned shoreline that would directly benefit the adjacent Duwamish Hill Park, LDR neighborhood and general public. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) The' proposed rezone is clearly in line with a major goal of the Comprehensive Plan, "To improve and sustain residential neighborhood quality and livability." The adjacent City Park is responsible for creating two privately owned island of MIC /L zoning adjacent to park and residential propoerty (parcels C and B). By rezoning the property from MIC /L to Office all potentially harmful industrial uses will be eliminated. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that M1C uses may operate without significant degradation of the residential environment. The existing MIC /L would allow for manufacturing and similar uses that produce a lar=ge amount of noise in conflict with TCP Goal 7.2 Noise•Abatement, 7.2.2 Discourage nose levels which are incompatible with current or pla nned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. 75 76 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287.0136 tel 206.233.9'42 fax www.cobbarch.com • • Rezoning MIC /L to (0) Office would clearly eliminate many potentially disruptive activities and businesses adjacent to the residential zone and Public Park. The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel B. Parcel B is currently zone MIC /L and could allow for commercial access to the Duwamish River. Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border of the MIC along with the Public Recreation overlay at Duwamish Hill Park. A close examination of the map shows the abnormal zoning condition created by Duwamish Hill Park at Parcel C and B. Parcel C and B are isolated from the remaining MIC zone and no longer serve or benefit the surround zoning. The existing MIC /L zoning for Lot C is inconsistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: • This district implements the Manufacturing Industrial Center/Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light • manufacturing and industrial uses and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. Parcel C is currently a small island of MIC /L zoning surrounded by residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive light manufacturing and industrial uses" Tukwila's City Zoning Map currently has multiple conditions where Office zones directly border LDR zoning. However, MIC /L zones rarely•border LDR zones because of the obvious conflicts. Our proposal removes these adjacencies. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; The proposed rezone falls in line with the goals of the Washington State Growth Management act: RCW 36.70A.020 Development on Parcel A and C would provide additional services and employment opportunities. E. Cobb Architects Inc. 911 Westerr enue #318 Seattle, WA 98104 206.287.0136 tel 20.9742 fax www.cr,bbarch.com (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. A planned office development would provide services and employment opportunities for the adjacent residential neighborhood. (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. An industrial use adjacent to a public park and shoreline environment is an "incompatible use" (8) Natural resource industries. Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses. Eliminating MIC /L zoning would ensure potentially harmful uses would no longer be possible on Parcel C and B. The City's acquisition of Parcel B would protect the shoreline environment and allow for potential shoreline restoration work. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. RCW 36.70A.070 Comprehensive plans— Mandatory elements (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed -use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population. The proposed office development would provide employment opportunities to the community while the land redistribution would directly serve the adjacent community. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; Eliminating MIC /L zoning on Parcel C and B will help protect the environment. Providing a development opportunity for an Office use will also serve the economic growth of the region. ED -10 Jurisdictions shall adopt economic development and other policies which will recognize and help protect the environment as a key economic value in the region. Local policies shall seek to achieve an appropriate balance between the needs for economic growth and the need for protecting the environment. Local governments are encouraged to look for ways to work cooperatively with businesses to help them comply with environmental regulations and to develop policies that result in environmental protection through regulatory processes that are understandable and efficient. The existing zoning for Parcel C and B is in conflict with the Countywide plan allowing for industrial land to be in direct contact with a non - supporting or incompatible use. 77 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 zUb.Lt5t.0 so i • •, ED-15 Local comprehensive plans should include policies which foster a climate supportive of the siting needs of industrial users and that recognize the important role they play in creating high -wage jobs. Local plans are encouraged to include policies designed to ensure that industrial use of industrial -zone land is not unduly encroached upon or limited by non - supporting or incompatible uses. Arguably Parcels C and B are not "sized for manufacturing /industrial uses now that Duwamish Hill Park isolates the parcels from the remainder of the MIC zone. 5. Manufacturing /Industrial Center Criteria LU -52 Each jurisdiction which contains a regional Manufacturing /Industrial Center shall adopt in its comprehensive plan a definition of the Center which specifies the exact geographic boundaries of the Center. Jurisdictions with Manufacturing /Industrial Centers shall have zoning and detailed plans in place to achieve the following goals by the year 2010. a. Preserve and encourage the aggregation of vacant or non - manufacturing /industrial land parcels sized for manufacturing/industrial uses; LU -58 Jurisdictions' comprehensive plans for regional Manufacturing /Industrial Parcels C and B have no buffers from the adjacent park and residential neighborhood Centers shall demonstrate compliance with the criteria. In order to promote manufacturing/ industrial growth, the Manufacturing /industrial Center plan for each jurisdiction shall establish strategies: c. To provide buffers around the Center to reduce conflicts with adjacent land uses; A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; The proposed rezone would not increase 'utility needs relative to the existing MIC /L zoning. The City's Shoreline plan would benefit from the acquisition of Parcel B. Proposed Shoreline restoration and trail projects would be feasible with a continuous City owned shoreline. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; No capitol improvements will be necessary for the proposed rezone. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. Zoning Code map Amendment to reflect the proposed (0) Office zoning on Parcel A and C. 78 CITY OF TtIKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us APPLICATION rj- Eh0 'may 41qA 1ACffl ENT 6 COMM.0 v: Y PEVLOiME.: t i ZONING CODE AMENDMENTS FOR STAFF USE ONLY Permits Plus Type: P -ZCA p - [2_ Planner: J�i3ccA File Number: Lo 1._ C,647 Application Complete (Date: � 6 0 Project File Number: Application Incomplete (Date: II L�'JO Other File Numbers: L� C I , 0 6 it NAME OF PROJECT/DEVELOPMENT: WOOD, /4 III L L. e . °' H i C - L bp e .0 0 LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 391 H 5 ST + VALA NT LoT T O 11- t v''ST LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). )oZ30 L(ro7Z1 33'/ -(00005, (oz3o,-fg063 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, e has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: J6)S14 Jol -1/45 D2 ER(6. eog(3 E. to Aptt+ t TCLT5 Address: ci (( vies- TeRI-t ,4 ✓i= 3/0 • c.5 g4TCtr. c �t.'k- IC*( Phone: Z o 6 - Z d'7 -- 0136 FAX: Z06- 2.3 3 - g 7z- Z E-mail: 'J . o t-1 N. S Oe A JZ -1l - Got-A. Signature: Date: IZ — lg- O'9 Attachment B • • A. COMPREHENSIVE PLAN DESIGNATION: . Existing: oz 3oy 9 077 -- M 16/1- 33 S IL( ODOoS -L-N2. Proposed: lD130L19072 t 335.111000 -- 0, OFFicE B. ZONING DESIGNATION: Existing: 102 3o1-1 6 12 - M t G (L 3 3S 1 Li obocc —LDP. Proposed: 10Z3D q Rb7Z + 3351 ( 0000 5 — O, OFF t G� C. LAND USE(S): Existing: 10Z3ve -ig072 - 00005 - 51,4&LE F mIt -V NbMM Proposed: Ci FF ('-E FDR BOTH 1 D 7-30 K q 072. -r 35 1 00005 (for proposed changes in land use designations or rezones) 80 E. Cobb Architects Inc. 911 Wes "venue #318 Seattle, WA 98104 206.287.0136 tel .33.9742 fax www.cobbarch.com PROPOSED REZONE SUMMARY: (parcels 1023049072, 3351400005, 1023049063) Curti :ill Ni i Y D Cif F`i `i «fIC The proposed rezone involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden III LLC, currently owns three parcels near the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MIC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Parcel. C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden III Ilc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal, the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden III would donate Parcel B to the City of Tukwila for integration . into its river bank restoration program and pedestrian trail development, if the proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. In lieu of the MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. 81 82 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287.0136 tel 206.233.9742 fax www.cobbarch.com • • We firmly believe that both the City of Tukwila and the Owner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletcher, has reviewed our proposal and has provided a response letter supporting the proposed rezone. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: 1. That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; The proposed rezone is aligned with a primary goal of the Comprehensive Plan: "To improve and sustain residential neighborhood quality and livability." By rezoning.the property from MIC /L to Office many potential harmful uses will no longer be allowed adjacent to existing homes. In addition the donation of Parcel B will allow Tukwila to implement shoreline trails and restoration plans that would directly benefit the adjacent residential neighborhood. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. The existing MIC /L could create a significant noise conflict with the adjacent park and residential neighborhood: Rezoning to (0) Office would mitigate this potential noise disturbance. TCP Goal 7.2 Noise Abatement states, 7.2.2 Discourage nose levels which are incompatible with current or planned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. Rezoning MIC /L to (0) Office would eliminate many potentially disruptive activities and businesses adjacent to the residential zone. The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel B along the Duwamish River, Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline E. Cobb Architects Inc. 911 WelpAvenue #318 Seattle, WA 98104 206.287.0136 tel 33.9742 fax www.cobbarch.com 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border of the MIC along with the Public Recreation overlay. A close examination of the map shows the abnormal zoning condition created by Duwamish Hill Park. Parcel C is isolated from the remaining MIC zone and no longer serves or benefits the surround MIC zone. 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; The existing MIC /L. zoning for Lot C is not consistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: This district implements the Manufacturing Industrial Center /Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. Parcel C is currently a small island of MIC /L zoning surrounded by residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive Tight manufacturing and industrial uses" The proposed (0) Office designation for parcel C and A will serve and support the residential neighborhood. Tukwila's City Zoning Map currently has multiple conditions where Office zones directly border LDR zone. However, MIC /L. zones rarely border LDR zones because of the obvious conflicts. Our proposal removes these potential conflicts. 3. That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and The adjacent parcel 1023049057 .(Park) was originally zoned MIC /L. Along with adjacent parcels this created a very large multi acre industrial area along the Duwamish River. Although the property has not been formally rezoned, parcel 1023049057 is now- Duwamish Hill Park owned by the City of Tukwila. Converting parcel 1023049057 to Public Park isolated parcel C and B creating two islands of MIC /L zoning. The proposed rezone will eliminate the potential adverse impacts of MIC /L development at this juncture between the newly developed park and the adjacent residential neighborhood. 4. That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and 83 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 96104 206.287.0136 tel 206.233.9742 fax www.cobbarch.com • • 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. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) will be removed from the southeast corner of the Park. 2. In lieu of the MIC /L "island" parcel, two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. Tukwila's Walk and Roll program has developed a master plan to provide future sidewalks along Parcel C &A. Clearly the future sidewalks and pedestrian plan would be better served by an Office zoning compared to the purpose of the MIC /L zone which may include large trucks and delivery traffic. "MIC /L" —"it is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries." a. 3. Tukwila would gain parcel B along the Duwamish for restoration and possible trail development. Tukwila's trail and shoreline restoration plans are currently interrupted by Wooden .III lies "island" of private ownership along the Duwamish waterfront. a. Per Tukwila's Walk and Roll program a trail has already been proposed crossing Parcel B (see attached map from Tukwila's Walk and Roll program) b. The Duwamish Hill master plan originally designed by Jones and Jones Architects shows a potential shoreline restoration and beach access along S. 115th St that would include Parcel B The proposed rezone will eliminate adverse industrial impacts to the Park and adjacent residential zone while expanding the public lands that will be critical in future public development projects. 84 ATTACHMENT F Pal-17 a d Recreatio, Department December 22, 2009 Josh Johns E. Cobb Architects 911 Western Avenue #318 Seattle, WA 98104 Dear Mr. Johns, I agree with your assumptions that by rezoning two parcels (335140005 and 1023049072) to Office zone would benefit the City of Tukwila's shoreline and the Duwamish Riverbend Park property. The Tukwila Parks system would also benefit with the donation of the riverfront property (1023049063). It is my suggestion to schedule a meeting with myself and the Directors of Public Works and Department of Community Development to further investigate the proposed zoning change and land donation. Please feel free to contact me at (206)767 -2343 if I can be of further assistance Sincerely, chM Bruce Fletcher, Director Tukwila Parks and Recreation Department i urt': e Fletcher °d venue South 1:1424 4z4 4z A Tukwila, WA 98168 (zo6) 767 -234z * bruce@ci.tukwila.wa.us 85 • To:City of Tukwila Department of CommunitylDevelopment 6300 Southcenter Blvd., Ste 100 Tukwila, Wa. 98188 /14A y ) 2c/*C ATTACHMENT G Cam here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 115t Street. To whom it may concern: I am wondering why we need an office space zoning in an area mostly residential, when there is a glut of empty office space in areas that are alredy in an office space zoning. I am particularly affected as the parcels in question are right across the river from me and this would change my view from an almost pristine view to an office building looking down into my river property. On top of that, a park {Tukwila Riverbend Park} is right next to the parcel and office space does not lend itself to the local environment layout. Another concern: The sewer, I believe, hasn't reached the parcel in question and it falls dangerously close to the buffer zone cr4eated by the Shoreline Mast3er Program proposal. Please don't mar our view on the river and add office space potential where it isn't needed or wanted. John Swan 3914 South 117th Street Tukwila, Wa. 98168 RECEIVED C1TV OFTUKWl1,6! MAY 06 2010 'PERMIT CFNTE 86 Stanley G Hoffman 3924 South 114th Street Tukwila, WA 981 68 -1 91 3 206 - 763 -1712 Sirs: • ATTACHMENT R DCD Rebecca Fox 6300 Southcenter Blvd Tukwila, WA 98188 I am writing in opposition on the zoning change of the property located at South 115th Street and 40th Avenue South. The Health of Walker Hill The Hill is correctly named Walker Hill in most plot and geological maps. The area is commonly called 'Poverty Hill'. This name is used by all, but this name is used for a historically residential area. This area has seen little change. It is only in the last year that to the west of the property the historical house that served as a store to the original settlers of this valley was demolished and replaced by containers that have been wired with temporary service poles and served with portable toilets. Hardly a development worthy for any neighborhood. The new park opening signals to all who pass on South 115th Street the changes that are uplifting Walker Hill. We have seen many properties remodeled, some to be sold to folks eager to join a community that is centered on the services and employment of the Greater Seattle Metropolitan .Area. We know that the `Old AG' warehouse is a development site that will greatly improve the area, perhaps including a light rail station. My thinking is that the health of Walker Hill will be harmed by a development that is not residential. The county would entertain the permit process for septic tanks for a residential project. Water and power is available. The property is developable as a residential project. I wish to point out that perhaps some property owners of Walker Hill may have thoughts of using their future appreciation values of their holding. How can this best be served? I point to the 'AG' property and the vast plan unveiled by the Segale Family. These projects have ample space and plans for office buildings, they do not need residential property for office space. What they will need is housing for the new employees to serve these projects. My thought is the office project will not provide value to residential property owners; indeed, this office project will detract from this homogeneous believe the 'ducks are now in a row' and I think it is time for the zoning board to support the residential nature of our community and the property owners investments. %. • /i ice. !! Stanley G - koffrfian 87 Tukwila City Council Regular Men Minutes • July 6, 2010 ATTACHMENT C Page 3 of 6 MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION-BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1719. 2. A resolution declaring two aged and obsolete Fire Department Amkus Rescue Systems and accessory equipment surplus and authorizing their donation. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING TWO AGED AND OBSOLETE AMKUS RESCUE SYSTEMS AND ACCESSORY EQUIPMENT SURPLUS, AND AUTHORIZING THEIR DONATION. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1720. b. 2010 Comprehensive Plan Amendments. (The Council may: • Refer the proposal as is to the Planning Commission for further review; or • Modify the proposal and refer to the Planning Commission for further review; or • Defer consideration until a later time to get more information; or • Reject the proposal.) MOVED BY ROBERTSON, SECONDED BY DUFFIE TO REFER THE PROPOSAL AS IS TO THE PLANNING COMMISSION FOR FURTHER REVIEW AND A RECOMMENDATION.* Frank Firmani, 2400 NW 80TH Street, #162, in Seattle, explained he is confident they can work proactively with neighbors and the Friends of the Duwamish during the planning process. Mayor Haggerton asked if he is speaking in favor of the motion, and Mr. Firmani responded in the ffirmative. OTION CARRIED 6 -0. c. Noise Regulations: 1. An ordinance updating regulations relating to noise as codified at Tukwila Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE ORDINANCE RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND _• . ENFORCEMENT; REPEALING ORDINANCE NO. 2002;. - PROS /IDING,FOR:SEVERABILIT,Y;..;j AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2293. 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. Attachment C Proposed LDR to 0 Proposed MILL to 0 L09 -064 Comprehensive Plan amendment — Manufacturing Industrial Center/Light ( MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) L09-065 Rezone — Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center ( MIC/L) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay (PRO) Zoning Lines Attachment D Wooden LLC r =200' MIC /H • L09 -064 Comprehensive Plan amendment— Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) L09 -065 Rezone — Manufacturing Industrial Center/Light (MIC /L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC /L) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay (PRO) ■;i������ ■••.•■•..1 ....... Zoning Lines; Attachment E Wooden LLC r.2oo' • ATTACHMENT F Comparison of Zoning Code Uses for MIC/L, LDR, and 0 Zones Page 1 of 5 Attachment F P = Permitted, A = Accessory, C = Conditional, U = Unclassified MIC/L LDR' 0 1 Adult day care A A 2 Adult entertainment (subject to location restrictions) P 3 Airports, landing fields and heliports (except emergency sites) U 4 Amusement Parks 5 Animal rendering 6 Animal shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit) 7 Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P 8 Automobile, recreational vehicles or travel trailer or used car sales lots 9 Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building) P 10 Beauty or barber shops P P 11 Bed and breakfast lodging for not more than twelve guests C 12 Bed and breakfast lodging (no size limit specified) 13 Bicycle repair shops P P 14 Billiard or pool rooms A 15 Boarding Homes 16 Brew Pubs P P 17 Bus stations P 18 Cabinet shops or carpenter shops employing less than five people 19 Cargo containers for institutional uses (limit of 2) — Type 2 decision P A 20 Cement manufacturing U 21 Cemeteries and crematories C . C 22 Child care Family Home A A 23 Child daycare centers P P 24 Churches and community center buildings C C 25 Colleges and universities C C 26 Commercial laundries P 27 Commercial Parking (subject to restrictions) P 28 Computer software development and similar uses P P 29 Contractors storage yards P 30 Convalescent & nursing homes for not more than twelve patients p 31 Convalescent & nursing homes for more than twelve patients C 32 Convention facilities 33 Conversion of rental multi - family structures to condominiums OR owner- occupied multi - family housing (Conversion only, NO new construction) 34 Correctional institutes U2 35 Dwelling- Detached Zero -Lot Line Units 36.:= .Dormitory :. ....._. A C A 37 Drive -in theatres 38 Dwelling — Single family (Includes site built, modular home or new manufactured home ) p 6.7 /ac P Page 1 of 5 Attachment F Page 2 of 5 P = Permitted, A = AlPry, C = Conditional, U = Unclassified . IIIIC/L LDR 1 0 39A Dwelling- Duplex, triplex or four -plex 39B Dwelling- Townhouses up to 4 attached units - _ 39C Dwelling - Apartment houses, townhouses, row houses and condos 39D Dwelling - Multi - family units above office and retail uses 40 Dwelling - Senior citizen housing 41 Dwelling unit - Accessory (Owner occupies one unit, parking, size limit, lot minimum requirements) A A 42 Electrical Substation - Distribution C C C 43 Electrical Substation - Transmission/Switching 44 Essential public facilities, except those specifically listed as a permitted or conditional in any of the other zones U 45 Farming and farm- related activities 46 Financial, banking, mortgage, other services P3 P 47 Fire & Police Stations C C C 48 Fix -it, radio or television repair shops /rental shops P 49 Fraternal organizations P 50 Frozen food lockers for individual or family use 51 Garage or carport (private) not exceeding 1,500 sq. /ft on same lot as residence A 52 Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq. /ft A 53 Greenhouses or nurseries (commercial) P 54 Hazardous substance processing and handling and hazardous waste treatment and storage facilities (on -site) subject to compliance with state siting criteria RCW Chapter 70.105 (See also Environmental Regulations, Chapter 21.08, Tukwila Municipal Code, TMC) A7 55 Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See also Environmental Regulations, Chapter 21.08, Tukwila Municipal Code, TMC) 56 Heavy equipment repair and salvage P 57 Heavy metal processes such as melting, blast furnaces, drop forging or drop hammering C 58 Home Occupation (Max. 1 non - resident worker, no exterior change, etc.) A A 59 Hospitals, sanitariums, or similar institutes C 60 Hotels P 61 Hydroelectric and private utility power generating plants U 62 Industries involved with etching, film processing, lithography, printing and publishing P 63 Internet Data Centers P 64 Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions U U U 65 Laundries; self serve, dry cleaning, tailor, dyeing P P 66 Libraries, museums, or art galleries (public) P C P 67 Manuf./Mobile home park (See Criteria) Page 2 of 5 Page 3 of 5 P = Permitted, A = Accessory, C = Conditional, U = Unclassified 1 C/L LDR 1 O 68 Manufacturing, processing - and/or- assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering) C 69 Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses C 70 Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging P 71 Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P 72 Manufacturing, processing and/or packaging 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 P 73 Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment P - 74 Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment P 75 Manufacturing, processing, packaging of foods, such as baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) P9 76 Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials 77 Mass transit facilities U U U 78 Medical and dental laboratories P 79 Mortician and funeral homes 80 Motels P 81 Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, business, e.g. travel, real estate & commercial P6 P 82 Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing 83 Outpatient, inpatient, and emergency medical and dental commercial services P P 84 Park & ride lots C C 85 Parking areas A A A :86 .Parks, .trails, picnic areas and playgrounds ( public), but not including -:: amusement parks, golf courses, or commercial recreation P P - -.- P 87 Pawnbroker 88 Plumbing shops (no tin work outside storage) Page 3 of 5 Page 4 of 5 P = Permitted, A = Acilliry, C = Conditional, U = Unclassified /L LDR 1 O 89 Private stable with restrictions A 90 Radio, television, microwave, or observation stations and towers C C C - - ._ - 91 Railroad freight or classification yards U - 92 Railroad tracks (including lead, spur, loading or storage) p 93 Recreation facilities (commercial – indoor) – athletic or health clubs p p 94 Recreation facilities (commercial – indoor), including bowling alleys, skating rinks, shooting ranges 95 Recreation facilities (commercial – outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields 96 Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses C C C 97 Recreational area and facilities for employees A A 98 Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures U 99 Rental of vehicles not requiring a commercial driver's license p 100 Rental of commercial trucks and fleet rentals requiring a commercial driver's license P 101 Residences for security or maintenance personnel A A 102A Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant P 102 B Restaurants including cocktail lounges in conjunction with a restaurant P 103 Retail sales of furniture appliances, automobile parts and accessories, liquor, lumber/bldg. materials, lawn &garden supplies, farm supplies 104 Retail sales, e.g. health/ beauty aids/ prescription drugs/ food/hardware/ notions /crafts /supplies/housewares / electronics /photo- equip /film processing/ books /magazines/ stationery/ clothing/shoes /flowers /plants /pets /jewelry/ gifts /rec. equip/ sporting goods, and similar items. C 105 Retail sales as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto- oriented retail sales (e.g., drive -ins, service stations). P 106 Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials C_ 107 Sales and rental of heavy machinery and equipment subject to landscaping requirements of Chapter 18.52 P 108 Salvage and wrecking operations 109 Salvage and wrecking operations which are entirely enclosed within a building P 110 Schools and studios for education or self improvement P P 111 Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C C 112 Secure community transition facility 113 Self storage facilities P 114 Sewage lift station U U 115 Shelter P P 116 Shopping center, Planned (mall) 117 Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to Chapter 18.52 P Page 4 of 5 *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: 1. Similar in nature to and compatible with other uses permitted out right within a similar zone; and 2. Consistent with the stated purpose of the zone; and 3. Consistent with the policies of the Tukwila Comprehensive Plan. 1 Within a specific area of LDR, MDR, and HDR along the Tukwila International Boulevard Corridor is a zoning overlay called Commercial Redevelopment Areas. Within these areas permitted uses in the adjacent commercial zones are allowed in the residential zones subject to public design review and specific criteria. 2 Owned and operated by the City of Tukwila. 3 Must be less than 20,000 square feet, conditional use over 20,000 square feet. Page 5 of 5 P = Permitted, A = Accessory, C = Conditional, U = Unclassified MIC/L LDR 1 0 118 Storage (outdoor) of materials is permitted up to a height of.20 feet with a front yard setback of 25 feet, and to a height of 50 feet = with -a front yard setback of 100 feet; security required P 119 Stormwater- neighborhood detention + treatment facilities U U 120 Stormwater pump station U U 121 Studios — Art, photography, music, voice and dance P P 122 Taverns, nightclubs P 123 Telephone exchanges P P 124 Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code 125 Tow -truck operations, subject to all additional State and local regulations P 126 Transfer stations (refuse and garbage) when operated by a public agency U 127 Truck terminals p 128 Warehouse storage and wholesale distribution facilities P 129 Water pump station U U 130 Water utility reservoir and related facilities U U 131 Wireless Telecommunications Facilities (subject to restrictions listed under TMC 18.58) P P P *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: 1. Similar in nature to and compatible with other uses permitted out right within a similar zone; and 2. Consistent with the stated purpose of the zone; and 3. Consistent with the policies of the Tukwila Comprehensive Plan. 1 Within a specific area of LDR, MDR, and HDR along the Tukwila International Boulevard Corridor is a zoning overlay called Commercial Redevelopment Areas. Within these areas permitted uses in the adjacent commercial zones are allowed in the residential zones subject to public design review and specific criteria. 2 Owned and operated by the City of Tukwila. 3 Must be less than 20,000 square feet, conditional use over 20,000 square feet. Page 5 of 5 •ATTACHMENT G Comparison of Design Review Requirements & Basic Development Standards for MIC/L, LDR, and 0 Zones Design Review Requirements MIC/L LDR 0 0 ' Administrative design review is required for new developments within 300 feet of residential districts or within 200 feet of the Green/Duwamish River. Design review is required for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. Design review is required for commercial structures 1,500 sq. ft. or larger. Commercial structures between 1,500 and 5,000 sq. ft. will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 sq. ft. 6,500 sq. ft. Basic Development Standards MIC/L LDR 0 ' Lot area, minimum N/A 6,500 sq. ft. N/A Lot area per unit (multi - family), minimum N/A N/A N/A Average lot width minimum, (20 ft. street frontage width) N/A 50 feet N/A Setbacks to yards (minimum): • Front 20 feet 20 feet 25 feet • Front, decks or porches N/A 15 feet N/A • Second front 10 feet 10 feet 12.5 feet • Second front (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 15 feet 10 feet 12.5 feet • Sides None 5 feet 10 feet • Sides (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) o 1St floor 15 feet 5 feet 10 feet o 2nd floor 20 feet 5 feet 20 feet o 3rd floor 30 feet 5 feet 30 feet • Rear None 10 feet 10 feet • Rear (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) o 1St floor 15 feet 10 feet 10 feet o 2 ❑d floor 20 feet 10 feet 20 feet o 3rd floor _ 30 feet 10 feet 30 feet Height, maximum 4 stories oc 45 feet 30 feet 3 stories or 35 feet Page 1 of 2 Attachment G Basic Development Standards MIC/L LDR .. __ ... 0 Landscape requirements (minimum): – - — See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements • Front 5 feet N/A 15 feet • Front (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 15 feet 15 feet • Second front N/A 12.5 feet • Sides None 5 feet • Sides (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 15 feet 10 feet • Rear None 5 feet • Rear (if any portion of the yard is within 50 feet of LDR, MDR, or HDR.) 15 feet 10 feet Recreation space N/A N/A Off -street parking: Determined by use • Residential N/A 2 parking spaces for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations and accessory dwelling units as otherwise proved by this title. See also TMC Chapter 18.56, Off - street Parking & Loading Regulations. • Accessory dwelling unit N/A See TMC 18.10.030 See Accessory Use section of this chapter • Office, minimum 3 per 1,000 sq. ft. usable floor area N/A 3 per 1,000 sq. ft. usable floor area • Retail, minimum N/A N/A 2.5 per 1,000 sq. ft. usable floor area • Warehousing 1 per 2,000 sq. ft. usable floor area min. N/A N/A • Manufacturing 1 per 1,000 sq. ft. usable floor area min. N/A N/A • Other uses Refer to TMC Figure 18 -7, "Required Number of Parking Spaces for Automobiles and Bicycles" (attached) *Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: I' Similar in nature to and compatible with other uses permitted out right within a similar zone; and 2. Consistent with the stated purpose of the zone; and 3. Consistent with the policies of the Tukwila Comprehensive Plan. Page 2 of 2 86 • To:City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, Wa. 98183 • y 4} 2c-, ATTACHMENT H I am here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 115t Street. To whom it may concern: I am wondering why we need an office space Toning in an area mostly residential, when there is a glut of empty office space in areas that are alredy in an office space zoning. I am particularly affected as the parcels in question are right across the river from me and this would change my view from an almost pristine view to an office building looking down into my river property. On top of that, a park {Tukwila Riverbend Park} is right next to the parcel and office space does not lend itself to the local environment layout. Another concern: The sewer, I believe, hasn't reached the parcel in question and it falls dangerously close to the buffer zone cr4eated by the Shoreline Mast3er Program proposal. Please don't mar our view on the river and add office space potential where it isn't needed or wanted. John Swan 3914 South 1176 Street Tukwila, Wa. 98168 RECEIVED CIYYOFTUKWtt,6t KAY 06 2O1 PERMIT O'lrt Attachment H ri1 Stanley G Hoffman 3924 South144th Street Tukwila, WA 98168 -1913 206 - 763 -1712 • DCD Rebecca Fox 6300 Southcenter Blvd Tukwila, WA 98188 Sirs: I am writing in opposition on the zoning change of the property located at South 115th Street and 40th Avenue South. The Health of Walker Hill The Hill is correctly named Walker Hill in most plot and geological maps. The area is commonly called 'Poverty Hill'. This name is used by all, but this name is used for a historically residential area. This area has seen little change. It is only in the last year that to the west of the property the historical house that served as a store to the original settlers of this valley was demolished and replaced by containers that have been wired with temporary service poles and served with portable toilets. Hardly a development worthy for any neighborhood. The new park opening signals to all who pass on South 115th Street the changes that are uplifting Walker Hill. We have seen many properties remodeled, some to be sold to folks eager to join a community that is centered on the services and employment of the Greater Seattle Metropolitan Area. We know that the 'Old AG' warehouse is a development site that will greatly improve the area, perhaps including a light rail station. My thinking is that the health of Walker Hill will be harmed by a development that is not residential. The county would entertain the permit process for septic tanks for a residential project. Water and power is available. The property is developable as a residential project. I wish to point out that perhaps some property owners of Walker Hill may have thoughts of using their future appreciation values of their holding. How can this best be served? point to the 'AG' property and the vast plan unveiled by the Segale Family. These projects have ample space and plans for office buildings, they do not need residential property for office space. What they will need is housing for the new employees to serve these projects. My thought is the office project will not provide value to residential property owners; indeed, this office project will detract from this homogeneous believe the 'ducks are now in a row' and I think it is time for the zoning board to support the residential nature of our community and the property owners investments. /., ;, / Stanley Mft�ian 87 December 22, 2009 Josh Johns E. Cobb Architects 911 Western Avenue #318 Seattle, WA 98104 Dear Mr. Johns, I agree with your assumptions that by rezoning two parcels (335140005 and 1023049072) to Office zone would benefit the City of Tukwila's shoreline and the Duwamish Riverbend Park property. The Tukwila Parks system would also benefit with the donation of the riverfront property (1023049063). It is my suggestion to schedule a meeting with myself and the Directors of Public Works and Department of Community Development to further investigate the proposed zoning change and land donation. Please feel free to contact me at (206)767 -2343 if I can be of further assistance Sincerely, Chw-- Qa- Bruce Fletcher, Director Tukwila Parks and Recreation Department +., 4� 1+ _4• "d Avenue South _ Tukwila, WA 98168 (zoo) 767 -2342 * bruce @ci.tukwila.wa.us 85 July 13, 2010 WOODEN III LLC ATTN: Frank Firmani PO BOX 80246 SEATTLE WA 98108 REF: 3912 S. 115th Street (Tax #102304 -9072) 3914 S. 115th Street (Tax #335140 -0005) Dear Mr. Firmani: Non- u� usc peevic .h? be, cline) �•� !! or (cutest, revert' 10 0414 fibat As a follow up to the conversation you had on July 12, 2010 with Rebecca Fox, Senior Planner, we understand that you intend to proceed with the contract rezone that will allow the construction storage area to operate as a legal, non - conforming operation for two years after the rezone becomes effective. The following code violations that were discussed will need to be brought into compliance. Tukwila Municipal Code 5.04.050 requires that all businesses acquire a business license within 30 days of commencing business operations within the City. Business License applications are available at City Hall at the City Clerk's Office or from our website. The City has no record of a business license for you. Apply for a business license. Tukwila Municipal Code 18.50.060A allows cargo containers outright in the Manufacturing Industrial Center /Light (MIC /L) zone but are subject to building setbacks and to a Type 2 special permission decision. Apply for Type 2 special permission permit. Tukwila Municipal Code 18.10.020 does not permit construction materials to be stored on a vacant lot in the Low Density Residential (LDR) zone. The International Building Code 105.1 requires a permit for the construction of a structure over 120 square feet, and for a fence that is over 6 feet high. Obtain a permit if needed. When corrections have been completed, please call to arrange for a final inspection. If you have any question, please contact me by phone at (206) or via email at Sincerely • Page 1 of 1 50 ft N CityGIS Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. http : / /maps.digitalmapcentral.com/ production /CityGIS /v07_02_003 /index.html 07/13/2010 • • Mary Hulvey - Re: Code letter for outdoor storage in rezone area Page 1 of 2 From: Rebecca Fox To: Mary Hulvey Date: 07/13/2010 7:08 PM Subject: Re: Code letter for outdoor storage in rezone area I appreciate your thoroughness. What do you think about a time frame on the more important elements, such as business license, as motivation? I will get you Frank's info Wednesday. Rebecca »> Mary Hulvey 07/13/2010 7:05 PM »> When I re -read the code, it does not limit the number of "old" containers in the MIC /L zone, only the "new" containers to two. There only appears to be old ones on site. I did state that the IBC 105.1 requires a permit for the construction of a structure over 120 square feet. The permit process requires an inspection. I didn't use the word shed, because he might say it is not a shed it is called something else, so I wanted to stick with the wording of the code. I did state if a fence is over 6 feet then a permit is required....was the fence over 6 feet? Appreciate the help...Mary »> Rebecca Fox 07/13/2010 6:55 PM »> Hi Mary, Thanks for this. Hooray for the electrical inspection! A couple of things to add: Does he need a building permit for the sheds that are over 6' tall? (I think so...) Should he have a building inspection at some point? He's allowed only 2 containers, and has four. This should be mentioned... Thanks again. Rebecca Perhaps a timeframe for getting the business license and »> Mary Hulvey 07/13/2010 6:47 PM »> Rebecca, Great news...I found an electrical permit for the containers that was final, life safety issues. I have attached the draft the letter, just waiting for the night so I will re -read before I issue the final draft letter. If you have any suggestions or comments that you want me to change or let me know.... Mary »> Rebecca Fox 07/13/2010 3:17 PM »> Mary, so we don't have to worry about any name and address....Did this last redo on the letter, please feel free to The applicant intends to proceed with the contract rezone that will allow the construction storage area to operate as a legal, non - conforming operation for two years after the rezone becomes effective. He is aware that he will need to work on the code issues, targeting the life /safety issues first. Please take a stab at drafting a letter to Frank xxxxx at xxxxxx at your earliest convenience. (I'll need to send file: / /C:\ temp\ XPGrpWise \4C3CB9A9tuk- mail6300 -po 1001766F6F 14F071 \GW }00001.... 07/14/2010 • • Page 2 of 2 you the applicant's full name and address tomorrow.) I would need to give this to Nora /Jack by close of business Wednesday, 7/14. Jack will show it to the Mayor on 7/15 a.m. It doesn't need to be finalized. All this , except as noted, is for 3912 S. 115th Street (Tax #1023049072) First order of business...you mentioned these are life /safety: Building -- Possible permits for sheds, fences...Inspection first? Is this really life /safety? Electricity-- Permit required if electricity in use. No refrigeration. Also first order, but not -life /safety: Get a business license Remove materials from LDR lot (3914 S. 115th Street - -Tax # 3351400005) Later: Max of two containers allowed. Remove two. Establish setbacks per the MIC /L zone requirements Building permits for fences over 6' in height on lot lines Thanks very much! Please let me know if you have questions. Rebecca file: / /C: \temp\XPGrpWise \4C3 CB9A9tuk- mail63 00 -po 1001766F6F 14F071 \GW } 00001.... 07/14/2010 TUKWILA MUNICIPAL CODE 18.50.055 Single- Family Design Standard Exceptions The design standards required at 18.50.050 (5) and (6) may be modified by the DCD Director as a Type 2 Special Permission decision. 1. The criteria for approval of a roof pitch flatter than 5:12 are as follows: a. The proposed roof pitch is consistent with the style of the house (for example modern, southwestern); b. If a flat roof is proposed, the top of the parapet may not exceed 25 feet in height; c. If a sloped roof is proposed, it must have at least 24 -inch eaves; and d. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. 2. The criteria for approval of a house with a front door that faces the side or rear yard are as follows: a. The topography of the lot is such that pedestrian access is safer or more convenient from the side or rear yard; b. The house will be set back at least twice the minimum front yard setback; c. The entrance is oriented to take advan- tage of a site condition such as a significant view; or d. The entry feature is integral to a unique architectural design. (Ord. 2008 §3, 20051 18.50.060 Cargo Containers as Accessory Structures A. Cargo containers are allowed outright in the LI, HI, MIC /L, MIC /H and TVS zones, subject to building setbacks. B. New containers may be allowed as accessory structures in LDR, MDR, and HDR for institutional uses, and in RC, RCM, TUC, TSO and C /LI for any permitted or conditional use. All new containers are subject to a Type 2 special permission decision and the restrictions in the various zoning districts. C. Criteria for approval are as follows: 1. Only two cargo containers will be allowed per lot, maximum length of 40 feet. 2. The container is located to minimize the visual impact to adjacent properties, parks, trails and rights -of- way as determined by the Director. 3. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -of -way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. 4. If located adjacent to a building, the cargo container must be painted to match the building's color. 5. Cargo containers may not occupy any required off - street parking spaces. 6. Cargo containers shall meet all setback requirements for the zone. 7. Outdoor cargo containers may not be refrigerated. 8. Outdoor cargo containers may not be stacked. D. Licensed and bonded contractors may use cargo containers in any zone for temporary storage of equipment and /or materials at a construction site during construction that is authorized by a bu' ermit. era. ?235,72_ r1. 2000 §1, 2004; Ord` 1080 §v, 20021 18.50.070 Yard Regulations A. Fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility to the detriment of public safety. The height of opaque fences along street frontages is limited to 4 feet, with lattice or other open material allowed up to 6 feet. B. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. C. Where the front yard that would normally be required on a lot is not in keeping with the prevailing yard pattern, the DCD may waive the requirement for the normal front yard and substitute therefore a special yard requirement, which shall not exceed the average of the yards provided on adjacent lots. D. In the case of corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. E. In the case of corner lots with more than two frontages, the DCD shall determine the front yard requirements, subject to the following conditions: 1. At least one front yard shall be provided having the full depth required generally in the district; 2. The second front yard shall be the minimum set forth in the district; 3. In the case of through lots and corner lots, there will be no rear yards but only front and side yards; 4. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full and half depth front yards have been established shall be considered side yards. (See Figure 18 -4.) (Ord. 210; §15, $005,- (id. 1758 1 /1'arrJ, 1005) Page 18-126 Printed May 2010 �vr.:+�Y,�`" _ fit. S, N ti 3 r) ''�5� ;Property Detail Report Property Detail Report for: , TUKWILA WA , 98178- , Page 1 of 1 DIGITAL MAP I aeyamrmprgnq PRODUCTS Owner Information: Owner Name: Mailing Address: Vesting Code: WOODEN LLC III PO BOX 80246, SEATTLE, WA, 98108- 0246 Phone Number: Location Information: Legal Description: 102304 72 POR GL 2 IN NW 1/4 STR 10 -23 -04 DAF: BEG AT SW COR LOT 1 BLK 20 C D HILLMAN'S MEADOW GARDENS DIV NO 3 TH NLY ALG W LN SD LOT 1 DIST 100 FT TH N 86 -15 -00 W 100 FT TH SLY TO N RNV MGN S 115TH ST TH ELY ALG SD MGN 100 FT M/L TO TO SD SW COR County: APN: Twnshp -Rnge -Sect: Legal Lot: Subdivison: KING 1023049072 23N - 04E - 10 1 LLA 985024 Fl PS Code: 53033 Census Trct/Blk: / Alternative APN: 1023049072 Map Ref: Legal Book/Page: / Tract No: Legal Block: 20 Last Market Sale Sale Date: Sale Doc No: Transfer Doc No: Multi /Split Sale: Sale Type: Deed Type: Title Company: Lender: Seller Name: Information: 12/20/2006 Sale Price: 0000001467 Price Per SqFt: Price Per Acre: 1st Mtg Doc No: DOCUMENTARY TRANSFER TAX CALCULATED WARRANTY DEED /DEED OF TRUST COMMONWEALTH LAND TITLE $158,200 $719,091 SOLSENG,EDWARD L 1st Mtg Amount: 1St Mtg Int Type: 2nd Mtg Amount: 2nd Mtg Int Type: Property Characteristics: Building Area: Living Area: Garage Area: Basement Area: Parking Type: Yr Built/Effective: / Pool Code: Total Rooms: Bedrooms Baths: Fireplace: No of Stories: Quality: Construction: Heat Type: Air Cond: Roof Type: Roof Material: Style: Tax and Value Information: Assessed Value: $160,000 Land Value: $160,000 Improvement Value: Total Taxable Value: $160,000 Assessed Year: 2009 Property Tax: Improvement %: Tax Exemption: $1,706 Est Market Val: Assessor Appd Val: $160,000 Site Information: Assessor Acres: Assessor Lot SqFt: Assessor Lot W /D: Calculated Acres: Calculated Lot SqFt: 0.22 10,000 0.227 9,888 Zoning: No of Buildings: Res /Comm Units: Sewer Type: Water Type: MICL PUBLIC Land Use: Land Use Desc: County Use Code: 440 INDUSTRIAL LOT 316 http: // maps.digitalmapcentral.com/ production /CityGIS /v07_02_003 /index.html 07/13/2010 Property Detail Report • Property Detail Report for: 3914 S 115TH ST, TUKWILA WA , 98168 -1919 • Page 1 of 1 DIGITAL MAP I Beyond wok, • PRODUCTS Owner Information: Owner Name: WOODEN LLC III Mailing Address: Vesting Code: PO BOX 80246, SEATTLE, WA, 98108- 0246 Phone Number: Location Information: Legal Description: 1 & A 20 HILLMANS C D MEADOW GARDENS # 3 W 3 FT OF A & ALL OF 1 County: APN: Twnshp -Rnge -Sect: Legal Lot: Subdivison: KING 3351400005 23 -04 -10 FIPS Code: Alternative APN: Legal Book/Page: 53033 3351400005 1 Legal Block: 20 HILLMANS CD MEADOW GARDENS DIV Census Trct/Blk: Map Ref: Tract No: 0263002 / 2 Last Market Sale Information: Sale Date: Sale Doc No: Transfer Doc No: Multi /Split Sale: Sale Type: Deed Type: Title Company: Lender: Seller Name: 04/14/2008 Sale Price: 0000002277 Price Per SqFt: Price Per Acre: 1st Mtg Doc No: DOCUMENTARY TRANSFER TAX CALCULATED WARRANTY DEED /DEED OF TRUST STEWART TITLE $130,000 $89 $1,083,333 NGUYEN,JIMMY 1st Mtg Amount: 1St Mtg Int Type: 2nd Mtg Amount: 2nd Mtg Int Type: Property Characteristics: Building Area: 1,460 Living Area: 1,460 Garage Area: Basement Area: Parking Type: Yr Built/Effective: 1911 / Pool Code: Total Rooms: Bedrooms Baths: Fireplace: No of Stories: Quality: 3 1.0 2 AVERAGE Construction: Heat Type: Air Cond: Roof Type: Roof Material: Style: FORCEDAIR Tax and Value Information: Assessed Value: Land Value: Improvement Value: Total Taxable Value: $180,000 $70,000 $110,000 $180,000 Assessed Year: Property Tax: Improvement %: Tax Exemption: 2009 $1,918 61.11 Est Market Val: Assessor Appd Val: $158,842 $180,000 Site Information: Assessor Acres: Assessor Lot SqFt: Assessor Lot W /D: Calculated Acres: Calculated Lot SqFt: 0.12 5,638 0.1353 5,893 Zoning: No of Buildings: Res /Comm Units: Sewer Type: Water Type: LDR 1 PUBLIC Land Use: Land Use Desc: County Use Code: 163 SFR 2 http: // maps.digitalmapcentral.com/ production /CityGIS /v07_02_003 /index.html 07/13/2010 King County Department of Asse ments: eReal Property • PARCEL Parcel Number 1335140 -0005 Name WOODEN III LLC Site Address 13914 S 115TH ST 98168 Legal 1 HILLMANS C D MEADOW GARDENS # 3 W 3 FT OF A & ALL OF 1 BUILDING 1 Year Built 1911 s. St.G it � tf Total Square Footage Number Of Bedrooms 1460 3 0.75 5 Fair Number Of Baths Grade r ,Condition t ., Average Lot Size 5638 Y_ C u 0 g e 'y ur 4 �j�, Y Y>n•f ' Views - Waterfront - -- - a fl t* f } a 11 .- J`. I ,rte I 1 1. r> 1' ig TOTAL LEVY RATE DISTRIBUTION Tax Year: 2010 Levy Code: 2408 Total Levy Rate: $11.17265 Total Senior Rate: $7.14334 School, 3.89183, 34.83% - Library, 0.48526, 4.3415 -EMS, 0.30000. 2.69% • --- ---- - Flood, 0.10514.0.94% / Ferry. 0.00348.0.03% City, 2.66345.23.84% - . / _- - Consolidated. 3.72349, 33.33% 36.06% Voter Approved TAX ROLL HISTORY Valued Year Tax Year Appraised Land Value Appraised Imps Value Appraised Total Taxable Land Value Taxable Imps Value Taxable Total 2010 2011 $65,000 $70,000 $135,000 $65,000 $70,000 5135,000 2009 2010 $65,000 $74,000 $139,000 $65,000 $74,000 $139,000 2008 2009 $70,000 $110,000 $180,000 570,000 $110,000 $180,000 2007 2008 $70,000 $94,000 $164,000 $70,000 $94,000 $164,000 2006 2007 $50,000 $114,000 $164,000 $50,000 $114,000 $164,000 2005 2006 $47,000 5107,000 $154,000 547,000 $107,000 $154,000 2004 2005 $45,000 $100,000 $145,000 $45,000 $100,000 $145,000 2003 2004 $37,000 $90,000 $127,000 $37,000 $90,000 $127,000 2002 2003 $36,000 $84,000 $120,000 $36,000 $84,000 $120,000 2001 2002 $35,000 $72,000 $107,000 $35,000 $72,000 $107,000 2000 2001 $34,000 562,000 $96,000 $34,000 562,000 596,000 1999 2000 $32,000 $43,000 $75,000 $32,000 $43,000 575,000 1998 1999 $30,000 $42,000 $72,000 $30,000 $42,000 $72,000 1997 1998 $0 $0 50 $25,000 $21,000 $46,000 1996 1997 $0 $0 $0 $25,000 515.000 $40,000 1994 1995 $0 $0 $0 $25,000 $15,000 540,000 1992 1993 $0 $0 $0 $25,200 $21,800 $47,000 1990 1991 $0 $0 $0 $16,800 $25,800 $42,600 1988 1989 $0 $0 $0 $10,800 $26,600 537,400 1986 1987 $0 $0 $0 $11,300 $12,100 $23,400 1984 1985 $0 $0 $0 512,500 $15,100 $27,600 1982 1983 $0 50 $0 $12,500 $15,100 527,600 Updated: June 22. 2010 Page 2 of 3 Quick answers 1 Property tax assessments I Taxpayer assistance 1 Online services 1 Reports, data I Fofnle 1 News room 1 Contact us I About us 1 Site map 114ma I Privacy I Accessi4iiity 1 Terms of use 1 Search Links to extemal sites do not constitute endorsements by IGng County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. http: // info.kingcounty.gov/ Assessor /eRealProperty/Dashboard.aspx ?ParcelNbr = 3351400... 07/13/2010 King County Department oessessments: eReal Property KingCCUnty AMays at your servke HOME NEWS SERVICES DIRECTORY CONTACT I '; Search King County Department of Assessments Fair, Equitable. and Understandable Property Valuations You're in: Assessments » Online Services »eReal Property Page 1 of SHARE Home Quick answers Properly tax assessments Taxpayer assistance Online services Reports, data Forms News room Contact us About us Site map Department of Assessments 500 Fourth Avenue, Suite ADM -AS -0708, Seattle, WA 98104 Office Hours: Mon., Tue., Wed., Fri. 8:30 AM to 4:30 PM Thu. 9:30 AM to 4:30 PM TEL: 206-296-7300 FAX: 206 -2W -5107 TTY: 206-296-7888 Send us mail New Search I Property Tax Bill Map This Property] Glossary of Terms] Area Report ( Property Detail Reference Links: • King County Taxing Districts Codes and Levies (.PDF) • King County Tax Links • Property Tax Advisor • Washington State Departrnent of Revenue (External link) • Washington State Board of Tax Appeals (External link) • Board of Appeals/Equalization • Districts Report • Recorder's Office Scanned images of surveys and other map documents Scanned images of plats http: / /info.kingcounty.gov/ Assessor / eRealProperty /Dashboard.aspx ?ParcelNbr =33 51400... 07/13/2010 City of Tukwila Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670 Parcel No.: 3351400005 Address: 3914 S 115 ST TUKW Suite No: Tenant: WOODEN LLC PERMIT INSPECTIONS Permit Number: ELO9 -0720 Status: FINAL Applied Date: 11/17/2009 Issue Date: 11/17/2009 Description: INSTALL TEMPORARY CONSTRUCTION SERVICE FOR COMMERCIAL BUILDING. INSTALL LIGHTING AND POWER IN PORTABLE STORAGE UNITS. Item: 07002 SERVICE 11/18/2009 By: JB Action: AP Comments: APPROVED / #1 OK - SERVICE Item: 07003 ROUGH -IN /COVER 11/20/2009 By: JB Action: IN Comments: INFORMATION ONLY RESCHEDULE FOR MONDAY 11/23 PM. CALL 1 HR PRIOR 11/23/2009 By: JB Action: AP Comments: APPROVED/ #2 OK - ROUGH -IN - WIRING INSIDE CONEX BOXES Item: 02100 FINAL - ELECTRICAL 04/06/2010 By: JB Action: AP Comments: APPROVED / #4 O.K. FINAL doc: Inspections EL09 -0720 Printed: 07 -13 -2010 City of 'i kwila ,tJ a> qs Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 - 431 -3670 Inspectio n Request Line: 206 - 431 -2451 Web site: http: / /www.ci.tukwila.wa.us Parcel No.: 3351400005 Address: 3914 S 115 ST TURIN Suite No: • ELECTRICAL PERMIT Permit Number: EL09 -0720 Issue Date: 11/17/2009 Permit Expires On: 10/03/2010 Tenant: Name: WOODEN LLC Address: 3914 S 115 ST , TUKWfLA WA Owner: Name: WOODEN III LLC Phone: Address: PO BOX 80246 , SEATTLE WA Contact Person: Name: DOUG OSTERGAARD Phone: 206 708 -8124 Address: 1905 S JACKSON , SEATTLE WA Contractor: Name: NORTH STAR ELECTRIC INC Phone: 206 329 -1596 Address: 1905 S JACKSON ST , SEATTLE WA Contractor License No: NORTHSE136OB Expiration Date: 09/28/2011 DESCRIPTION OF WORK: INSTALL TEMPORARY CONSTRUCTION SERVICE FOR COMMERCIAL BUILDING. INSTALL LIGHTING AND POWER IN PORTABLE STORAGE UNITS. Value of Electrical: NRES: $1,800.00 RES: $0.00 Type of Fire Protection: UNKNOWN Electrical Service provided by: SEATTLE LIGHT Fees Collected: $75.00 National Electrical Code Edition: 2008 Permit Center Authorized Signature: Date: I hereby certify that I have read and examined this permit and know the same to be true and correct. All provisions of law and ordinances governing this work will be complied with, whether specified herein or not. The granting of this permit does not presume to give authority to violate or cancel the provisions of any other state or local laws regulating construction or the performance of work. I am authorized to sign and obtain this electrical permit. Signature: Date: Print Name: This permit shall become null and void if the work is not commenced within 180 days from the date of issuance, or if the work is suspended or abandoned for a period of 180 days from the last inspection. doc: EL -4/07 EL09 -0720 Printed: 07 -13 -2010 ,M�•�..SY.ryn:r�;ry •.9Si !'.!k3et Yy/!yy'}S4Si rr ' • • R • . _'. ' P ss e. C C _ o- ���'4- ��� \` STATE OF WASHINGTON DEPARTMENT OF COMMERCE 128 - 1t► Averrua SW • PO:) &3or. "-12525 • (1►yrrrpiz. L7r'.ashint:tor? 9a504.2525 • (3 60) 72, NO July 8, 2010 Rebecca Fox Senior Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Ms. Fox: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Proposed 60 -Day notice to consider comprehensive plan amendments and rezones. These materials were received on July 06, 2010 and processed with the Material ID # 15858. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please call me at 360.725.3056. Sincerely, Pin Wegi f Ike Nwankwo Technical & Financial Assistance Manager Growth Management Services 0 14A i 4 Zc' /C To:City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, Wa. 98188 1 am here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 115th Street. To whom it may concern: I am wondering why we need an office space zoning in an area mostly residential, when there is a glut of empty office space in areas that are alredy in an office space zoning. I am particularly affected as the parcels in question are right across the river from me and this would change my view from an almost pristine view to an office building looking down into my river property. On top of that, a park {Tukwila Riverbend Park} is right next to the parcel and office space does not lend itself to the local environment layout. Another concern: The sewer, I believe, hasn't reached the parcel in question and it falls dangerously close to the buffer zone cr4eated by the Shoreline Mast3er Program proposal. Please don't mar our view on the river and add office space potential where it isn't needed or wanted. John Swan 3914 South 117th Street Tukwila, Wa. 98168 CITY OF TUKWILA MAY 06 2010 PePMArr{� DCD Rebecca Fox 6300 Southcenter Blvd Tukwila, WA 98188 Stanley G Hoffman 3924 South 114th Street Tukwila, WA 98168 -1913 206 - 763 -1712 Sirs: DCD Rebecca Fox 6300 Southcenter Blvd Tukwila, WA 98188 I am writing in opposition on the zoning change of the property located at South 115th Street and 40th Avenue South. The Health of Walker Hill The Hill is correctly named Walker Hill in most plot and geological maps. The area is commonly called `Poverty Hill'. This name is used by all, but this name is used for a historically residential area. • This area has seen little change. It is only in the last year that to the west of the property the historical house that served as a store to the original settlers of this valley was demolished and replaced by containers that have been wired with temporary service poles and served with portable toilets. Hardly a development worthy for any neighborhood. The new park opening signals to all who pass on South 115th Street the changes that are uplifting Walker Hill. We have seen many properties remodeled, some to be sold to folks eager to join a community that is centered on the services and employment of the Greater Seattle Metropolitan Area. We know that the `Old AG' warehouse is a development site that will greatly improve the area, perhaps including a light rail station. My thinking is that the health of Walker Hill will be harmed by a development that is not residential. The county would entertain the permit process for septic tanks for a residential project. Water and power is available. The property is developable as a residential project. I wish to point out that perhaps some property owners of Walker Hill may have thoughts of using their future appreciation values of their holding. How can this best be served? I point to the `AG' property and the vast plan unveiled by the Segale Family. These projects have ample space and plans for office buildings, they do not need residential property for office space. What they will need is housing for the new employees to serve these projects. My thought is the office project will not provide value to residential property owners; indeed, this office project will detract from this homogeneous believe the 'ducks are now in a row' and 1 think it is time for the zoning board to support the residential nature of our community and the property owners investments. Stanle(y'G n / City of Tukwila Notice of Application Location -3914 S. 155th St., Tukwila, WA File #'s: L09 -064, L09 -065 Applicant:Josh Johns for Wooden LLC Property Owners: Wooden LLC Project Planner: Rebecca Fox, 206 -431 -3683 Project Description: Amend the Comprehensive Plan designation and zoning on two parcels generally located at 3914 S. 115 St. . The request is to change Parcel 1 (Tax# 1023049072), by the southeast corner of Duwamish Riverbend Hill Park , from Manufacturing/Industrial Center -Heavy ( MIC/H) to Office (0), and Parcel 2 (Tax# 3351400005), located on west edge of the adjacent residential neighborhood, from Low Density Residential (LDR) to Office (0). Comments : The applications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd #100, Tukwila, WA. We request your written com- ments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Com- ments must be received by 5:OOpm on May 6, 2010. •Public Meeting: You are invited to comment on the request at a public meeting scheduled for June 28, 2010 at 7 p.m. before the Tukwila City C ouncil, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. Please phone 206 -431 -3683 to confirm the meeting date. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206 -431 -3683. You are receiving this notice because you are a property owner or tenant within 500ft of this project. • City of Tukwila Notice of Application Location -3914 S. 155th St., Tukwila, WA File #'s: L09 -064, L09 -065 Applicant:Josh Johns for Wooden LLC Property Owners: Wooden LLC Project Planner: Rebecca Fox, 206 -431 -3683 Project Description: Amend the Comprehensive Plan designation and zoning on two parcels generally located at 3914 S. 115 St. . The request is to change Parcel 1 (Tax# 1023049072), by the southeast corner of Duwamish Riverbend Hill Park , from Manufacturing/Industrial Center -Heavy (MIC/H) to Office (0), and Parcel 2 (Tax# 3351400005), located on west edge of the adjacent residential neighborhood, from Low Density Residential (LDR) to Office (0). Comments : The applications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd #100, Tukwila, WA. We request your written com- ments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Com- ments must be received by 5:OOpm on May 6, 2010. Public Meeting: You are invited to comment on the request at a public meeting scheduled for June 28, 2010 at 7 p.m. before the Tukwila City C ouncil, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. Please phone 206 -431 -3683 to confirm the meeting date. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206 -431 -3683. City of Tukwila Notice of Application Location -3914 S. 155th St., Tukwila, WA File #'s: L09 -064, L09 -065 Applicant:Josh Johns for Wooden LLC Property Owners: Wooden LLC Project Planner: Rebecca Fox, 206 -431 -3683 Project Description: Amend the Comprehensive Plan designation and zoning on two parcels generally located at 3914 S. 115 St. . The request is to change Parcel 1 (Tax#1023049072), by the southeast corner of Duwamish Riverbend Hill Park , from Manufacturing/Industrial Center -Heavy ( MIC/H) to Office (0), and Parcel 2 (Tax# 3351400005), located on west edge of the adjacent residential neighborhood, from Low Density Residential (LDR) to Office (0). Comments : The applications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd #100, Tukwila, WA. We request your written com- ments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Com- ments must be received by 5:OOpm on May 6, 2010. Public Meeting: You are invited to comment on the request at a public meeting scheduled for June 28, 2010 at 7 p.m. before the Tukwila City C ouncil, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. Please phone 206 -431 -3683 to confirm the meeting date. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206 -431 -3683. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Notice of Application Location -3914 S. 155th St., Tukwila, WA File #'s: L09 -064, L09 -065 Applicant:Josh Johns for Wooden LLC Property Owners: Wooden LLC Project Planner: Rebecca Fox, 206 -431 -3683 Project Description: Amend the Comprehensive Plan designation and zoning on two parcels generally located at 3914 S. 115 St. . The request is to change Parcel 1 (Tax#1023049072), by the southeast corner of Duwamish Riverbend Hill Park , from Manufacturing/Industrial Center -Heavy ( MIC/H) to Office (0), and Parcel 2 (Tax# 3351400005), located on west edge of the adjacent residential neighborhood, from Low Density Residential (LDR) to Office (0). Comments : The applications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd #100, Tukwila, WA. We request your written com- ments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Com- ments must be received by 5:OOpm on May 6, 2010. Public Meeting: You are invited to comment on the request at a public meeting scheduled for June 28, 2010 at 7 p.m. before the Tukwila City C ouncil, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. Please phone 206 -431 -3683 to confirm the meeting date. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206 -431 -3683. You are receiving this notice because you are a property owner or tenant within 500ft of this project. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 • • at* Department Of Community AFFIDAVIT al : u:Fuui& Development OF DISTRIBUTION I, _Teri Svedahl HEREBY DECLARE THAT: Notice of Public Hearing Determination of Non - Significance Notice of Public Meeting Mitigated Determination of Non - Significance Project Number: L09 -064, L09 -065 Board of Adjustment Agenda Packet Rebecca Fox Determination of Significance & Scoping Notice Board of Appeals Agenda Packet / /I/ , Notice of Action C/7- , Planning Commission Agenda Packet Official Notice Short Subdivision Agenda X Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed /attached on this _16 day of _April in the year 2010 W: \USERS \TERIWFFIDAVIT OF DISTRIBUTIO N.DOC Project Name: Wooden III, LLC, Comp Plan Amendment for designation and zoning Project Number: L09 -064, L09 -065 Mailing requested by: Rebecca Fox Mailer's signature: / /I/ , 1/ /i /,t /\ - C/7- , W: \USERS \TERIWFFIDAVIT OF DISTRIBUTIO N.DOC Page 1 of 1 368 ft APN 1023049072 & 5 33514000 CityGIS oN y Copyright @ 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. http://maps.digitalmapcentral.com/production/CityGIS/v07 01 _062/index_62b.html 04/14/2010 OWNER_NAME TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER MARK LUND HARRISON,BRIAN K TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER SHUMATE,DAVID J & LAURIE PATTON,MATTHEW A TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER NGUYEN,MY DUNG EJW JR TUKWILA YARD LLC TUKWILA COMMUNITY MEMBER JUSTINE,ANNE E CARRASQUILLO,RENEE CHRISTIN QUIMBY,KEVIN LEADBETTER,DOUG CARLSON,ANNA M DAVIES,DOUGLAS SHINE,LAWRENCE THOMSON,JOEL THOMSON,JOEL THOMPSON LAND LLC TRUST LE LONG & ANNA TUKWILA COMMUNITY MEMBER EISIMINGER,WILLIAM F ROOT,THOMAS A TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER DESJARDIN,CATHERINE KERR,GEORGINA L TUKWILA COMMUNITY MEMBER WATSON,KENNETH TUKWILA COMMUNITY MEMBER OWNER ADDRESS 11222 E MARGINAL WAY S 11311 41ST AVE S 11412 40TH AVE S 11439 15TH AVE SW 11532 40TH AVE S 11534 40TH AVE S 11534 E MARGINAL WAY S 11535 40TH AVE S 11536 40TH AVE S 11540 40TH AVE S 11540 E MARGINAL WAY S 11545 40TH AVE E 115TH ST 11600 39TH AVE S 11602 40TH AVE S 11606 40TH AVE S 16700 31ST AVE S 149 1919 SHELTON AVE NE 23058 JOAQUIN RIDGE DR 25815 135TH LN SE 9 2811 75TH PL SE 306 3201 E YESLER WAY 3203 E YESLER WAY 35 FRONT ST S 3520 S 116TH ST 3540 S 116TH ST 3644 CORLISS AVE N 3806 S 116TH ST 3816 S 116TH ST 3818 S 116TH ST 3822 S 116TH ST 3826 S 116TH ST 3834 S 116TH ST 3836 S 116TH ST 3906 S 113TH ST 3910 S 113TH ST OWNER_CITY TUKWILA TUKWILA TUKWILA BURIEN TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA SEATTLE TUKWILA SEATTLE SEATTLE SEATTLE SEATAC RENTON MURRIETA KENT MERCER ISLAND SEATTLE SEATTLE ISSAQUAH TUKWILA TUKWILA SEATTLE TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA OWNER_STATE OWNER ZIP WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA CA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA 98168 98168 98168 98146 98168 98168 98168 98168 98168 98168 98168 98168 98188 98168 98168 98168 98188 98056 92562 98042 98040 98122 98122 98027 98168 98168 98103 98168 98168 98168 98168 98168 98168 98168 98168 98168 GOULD,JEFFREY R SANCHEZ,IGNACIO TUKWILA COMMUNITY MEMBER SWAN,JOHN K BLOWER,MARK J TUKWILA COMMUNITY MEMBER SZLUK,MICHAEL D TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER HOFFMAN,STANLEY G SIEBENBAUM,JOHN B HATTON,RALPH L AVILA - PETITT,KALIMAR A & DYLA BURNITE,PATRICK & KERRY BRASIER,JAMIE J MCKENNA,CATHERINE REICHLIN,THERESA REICHLIN,THERESA REICHLIN,MATTHEW TUKWILA COMMUNITY MEMBER NELSON,JOHN D SEBCO INC TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER RODRIGUEZ,MARLA & JUAN J VOGEL,WALTER H SATURNO,JEFF CHEW,GERALD SWANSON,DOUG SEATTLE CITY LIGHT STOCKMAN,DONALD H WOODEN LLC III JOSH JOHNS / E COBB ARCHITECTS 3910 S 114TH ST 3914 S 113TH ST 3914 S 115TH ST 3914 S 117TH ST 3915 S 113TH ST 3917 S 113TH ST 3922 S 113TH ST 3922 S 113TH ST 3922 S 115TH ST 3924 S 114TH ST 3928 S 113TH ST 3935 S 113TH ST 3938 S 113TH ST 3944 S 113TH ST 4002 S 115TH ST 4008 S 114TH ST 4008 S 114TH ST 4010. S 114TH ST 4014 S 115TH ST 4014 S 115TH ST 4016 S 115TH ST 4020 E MADISON ST 320 4023 S 114TH ST 4104 S 114TH ST 4110 S 114TH ST 4111 S 113TH ST 4115 S 114TH ST 8617 SE 76TH PL 909 MARINA VILLAGE PKWY 276 PO BOX 34023 PO BOX 68009 PO BOX 80246 911 WESTERN AVE, Ste# 318 SEATTLE SEATTLE TUKWILA SEATTLE TUKWILA SEATTLE SEATTLE TUKWILA TUKWILA SEATTLE TUKWILA SEATTLE TUKWILA SEATTLE TUKWILA TUKWILA TUKWILA TUKWILA SEATTLE SEATTLE TUKWILA SEATTLE SEATTLE TUKWILA TUKWILA TUKWILA TUKWILA MERCER ISLAND ALAMEDA SEATTLE SEATTLE SEATTLE SEATTLE WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA CA WA WA WA WA 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98112 98168 98168 98168 98168 98168 98040 94501 98124 98168 98108 98101 (/•. -i �� t� y Department of Community Development Jack Pace, Director 290$ City of Tukwila Jim Haggerton, Mayor NOTICE OF COMPLETE APPLICATION April 14, 2010 Josh Johns E. Cobb Architects 911 Western Avenue, #318 Seattle, WA 98101 RE: Wooden III LLC L09 -064 (Comprehensive Plan Amendment) —MIC/L and LDR to 0 L09 -065 (Rezone) —MIC/L and LDR to 0 Dear Mr. Johns: Your applications for a Comprehensive Plan Amendment and Rezone for lots generally located at 3914 S. 115 St., Tukwila, WA from MIC/L and LDR to 0, are considered complete on April 14, 2010 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. You must now have the public notice board for this project manufactured and installed on site as soon as possible. Contact Julie at FastSigns directly at 206 - 575 -2110 with your payment of $365. The City of Tukwila will coordinate the public notice mailing with installation of the public notice board. You may contact me at (206)431 -3683 or via email at rfox @ci.tukwila.wa.us. I will be out of the office from April 15, 2010 through April 29, 2010. If you have questions during my absence, please contact Minnie Dhaliwal, Planning Supervisor, at (206) 206 - 431 -3685 or via email at mdhaliwal @ci.tukwila.wa.us. Sincerely, 175,K Rebecca Fox Senior Planner Rf 1 04/13/2010 H•ICOMP PLAN 1009- 2010{WnndvnLLC-- M!C -I..e I. to OlCnmplvtvnvcc- Wnnddn 1141C-I &I TM to O tine 6300 Southcenter Boulevard, Suite #100 • Tukwila. Washington 98188 • Phone 206 -431 -3670 • Fax: 206 -431 -3665 • City of Tukwila • Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Rf 1 04/13/2010 %1 ICMMP PLAN 7009- 20101Wnndan[JC- -MIC-I. r' 1. to (J C'mmnlntnnncc- Wnndpn MIC'- I,r?7.1)R to C) rinc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 -431 -3670 • Fay: 206- 431 -3665 =.1 . :1• •.3� ^:_ %1! .1. .. IR, 111. • ...� ...1 .- WASHINGTON. TITLE REPORT NI. 846661 THAT PORTION OF GOVERNMENT LOT Z SECTION 10,. TOWNSHIP 23 NORTH, RANGE 4 EAST. W.M. ; IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 20, C.D. HILLMAN'S MEADOW GARDEN ADDITION TO THE CITY OF. SEATTLE DIVISION No. 3. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS PAGE 86. IN KING COUNTY. WASHINGTON: THENCE NORTH ALONG THE WEST UNE OF SAID LOT 1 A DISTANCE OF 100 FEET; THENCE NORTH 85• 15' WEST A DISTANCE OF 100 FEET; THENCE SOUTH 100 FEET:. . THENCE 501J111 86' 15' EAST 100 FEET TO THE POINT OF BEGINNING: (ALSO KNOWN AS LOT B. KING COUNTY LOT UNE ADJUSTMENT NUMBER 985024 AS - RECORDED UNDER RECORDING NUMBER 8510170346) EXCEPT ANY PORTION. THEREOF WITHIN THE RIGHT -OF -WAY FOR SOUTH 115th STREET. • • 85821.A . THAT PORTION. OF GOVERNMENT LOT 2. SECTION 10 TOWNSHIP 23 NORTH, RANGE 4' EAST, W.M., IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE WEST UNE OF C.D. HILLMAN'S MEADOW GARDEN ADDITION TO THE CITY OF SEATTLE, DIVISION Na 3, ACCORDING TO THE PLAT • THEREOF RECORDED IN VOLUME 72 OF PLATS. PAGE 86. IN KING COUNTY, WASHINGTON, SOUTH 2' 17' 54T WEST, 589.45. FEET FROM- THE NORTHWEST CORNER • OF SAID PLAT; THENCE NORTH 83' 59. 34" WEST. 100 FEET,: THENCE SOUTFI 2' 17' 54 WEST. 103.57 FEET" TO THE NORTH RIGHT OF WAY UNE OF SOUTH 115714 STREET . THENCE EASTERLY ALONG THE ARC 08 A 1462.69 FOOT RADIUS CURVE TO THE RIGHT. THE RADIUS POINT OF WHICH BEARS SOUTH 11' 09' 55' WEST, AN ARC DISTANCE OF 101.63 FEET: • THENCE NORTH -2' 17' 54' EAST 116.17 FEET TO THE POINT OF BEGNING . (ALSO KNOWN AS LOT B, KING COUNTY LOT UNE AD.AISTMENT NUMBER 985024 AS RECORDED UNDER RECORDING NUMBER 8510170346) • PARCEL B - .. (SHOWN' AS PARCEL A, STATUTORY WARRANTY DEED KING COUNTY AUDITOR FILE No. 20061220001467) .. .. (SHOULD BE GOVERNMENT LOT 2) THAT PORTION OF GOVERNMENT LOT 1, SECTION 10, TOWNSHIP 23 NORTH, RANGE 4• EAST-W.M., IN KING COUNTY WASHINGTON.. DESCRIBED AS FOLLOWS: - ' BEGINNING AT THE SOUTHWEST CORNER OF LOT' 1. BLOCK 20, C.D. HILLMAN'S MEADOW GARDEN ADDITION TO THE CITY OF SEATTLE, DIVISION No. 3, AS PER. PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 86, IN KING COUNTY, WASHINGTON: ' - - THENCE NORTH 86' 15' 00" WEST. 100 FEET: THENCE SOUTH. PARALLEL 91TH THE .WEST UNE OF• SAID LOT 1, TO THE SOUTH UNE OF GOVERNMENT LOT 2; THENCE EASTERLY ALONG SAID SOUTH UNE TO A PONT SOUTH OF THE SOUTHWEST CORNER OF SAID LOT 7; - THENCE NORTH TO THE POINT OF BEGINNING; - EXCEPT THAT PORTION FOR SOUTH 115th STREET; - . SITUATE IN 1HE OTY OF TUKWILA, COUNTY OF MS STATE OF WASHINGTON. PARCEL C " LOT 1 AND THE WEST 3 FEET OF LOT A. BLOCK 20, C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE OVISON No. 3, ACCORDING TO THE PLAT - THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE(5). 86, RECORDS OF KING COUNTY, WASHINGTON. PLAT OF C. D. HILLMAN'S MEADOW • GARDENS ADDITION. TO THE OTY OF SEATTLE DIVISION No. 3, RECORDED • IN VOLUME 12 OF PLATS AT PAGE 86 RECORDS OF KING COUNTY • WASHINGTON. KING COUNTY LOT UNE ADJUSTMENT 985025 RECORDING No. 8510170346. KING COUNTY RECORD OF SURVEY . 7505130455 KING COUNTY RECORD OF SURVEY 8803039002 KING COUNTY. RECORD OF SURVEY 20011206900003.', KING COUNTY RECORD OF SURVEY." 20020129900007. KING COUNTY RECORD OF SURVEY 20020879900003 =SALMI PROPERTY. OWNER: WOODEN IA, LLC SITE ADDRESS PARCELS A AND B HAVE NO RECORDED ADDRESS PARCEL C:. 3914 SOUTH 115111 STREET TUKWILA WA 98168 ASSESSOR'S TAX PARCEL NUMBERS PARCEL A- 102304 -9072 PARCEL B- 102304 -9063 PARCEL C- 335140 -0005 COUNTY: KING ZONING: PARCELS A AND 9: MIC/L(MANUFACTURING INDUSTRIAL CENTER/UGHT INDUSTRIAL) PARCEL C LDR(LOW DENSITY RESIDENTIAL) PROPERTY AREA: PARCEL A -10904 50. FT. PARCEL 81709 S0. FT. PARCEL C•5624 S0. FT. WATER SOURCE: CITY OF TUKWILA SEWER SYSTEM: CITY OF TUKWILA TYPE OF ACCESS: PUBUC STREET CURRENT USE: VACANT LAND OASIS OF DATUM TOPOGRAPHY SURVEY IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER SECTION 10" TOWNSHIP 23 NORTH RANGE 4 EAST, WILLAMETTE MERIDIAN. CITY OF TUKWILA, KING COUNTY WASHINGTON N 8739'42" W 2622.72' 2630.76' ' • N 8755,5• W' : 3 CITY OF TUKWILA DUWAMISH -- RIVER- BEND - HILL.. - - e��� �u - `;k7tit JZ� ... -.._�" •V'BJ57'06' W v p { SOUTH 114TH : STREET 68 +- -68- 5 87'39'42' E BLOCK 20 C.D. HILLMAN'S MEADOW GARDENS DIVISION No. 3 THE HORIZONTAL DATUM IS NAD83 /91 BASED ON CPS DERIVED POSITIONS - • . COMBINED USAGE OF' CPS EQUIPMENT (UECA SMARTROVER AND LEICA RGPS.SPIDER NETWORK) AND CONVENTIONAL SURVEY METHOD, MEETS OR EXCEEDS . THE STANDARDS WAG 332 -130 -090 . THE VERTICAL DATUM IS NAV088'BASED ON THE PUBLISHED ELEVATION OF 51.19 FOR WSDOT SURVEY MARK DESIGNATION HCI7 -1 THE STATION 15 A STANDARD WSDOT BRASS DISK IN THE CENTER OF THE CONCRETE SIDEWALK ON THE NORTH.. SIDE OF THE BOEING ACCESS ROAD BRIDGE OVER-1 -5. 1.5' EAST OF THE WEST END. THE CONVERSION FROM NGVD29 TO NAVD88' +3.43' BASED. ON NGS CORPSCON 6.0.1 - - THE NGVD29. FEVA BFE- FOR THIS LOT IS 9.5' BASED ON'FEMA FIRM MAP +.I4 No.53033C0645 F . 12.9'= NAVD88 - 1) FOUND r ALUMINUM CAP MITI PUNCH MARK. 0.3' DEEP IN A HOLE IN THE ASPHALT PAVEMENT. - ACCEPTED AS P.L OF CURVE, CENTERLINE OF SOUTH 115th STREET. 2) FOUND 3" DOMED BRASS DISK 741 TN SECTION NUMBERS TOWNSHIP AND RANGE NARKED WITH AN X. IN CONCRETE AT THE CORNER OF A 6' CHAIN UNK. FENCE. . 3). CALCULATED POSITON OF QUARTER CORNER FROM RECORDED SURVEYS. CORNER APPEARS TO HAVE BEEN REMOVED, DUE TO GRADING IN THE VICINITY. 4) FOUND 3" FLAT BRASS DISK. MARKED WITH AN X. STAPED WITH SECTION NUMBERS, 075' DEEP IN A MONUMENT CASE. IN THE INTERSECTION OF SOUTH 112th STREET AND 5151. AVENUE SOUTH. 5) FOUND 14" REBAR MYTH YELLOW CAP MARKED .P1915661 6) SET DRILL HOLE IN CONCRETE STEP 7) SET 14" REBAR MTH YELLOW CAP MARKED PLS. 36793 UTIUTY NOTE • UNDERGROUND UTIUTIES• EXIST IN THE AREA AND .UTIUTY INFORMATION SHOWN MAY BE INCOMPLETE: THIS SURVEY SHOWS ABOVE GROUND . FEATURES ONLY. ALL UNDERGROUND UTIUTIES SHOULD -BE VERIFIED PRIOR TO CONSTRUCTION. STATE LAW REQUIRES THAT 'CONTRACTORS CONTACT THE ONE -CALL • UTIUTY LOCATE SERVICE AT LEAST 48 HOURS BEFORE STARTING ANY CONSTRUCTION. 1 " =20 FEET 0 20 1047. SETBACK PROM • • ONW IOW IMPACT ENVIRONMENT' MONUMENTS FOUND AS NOTED / • PROPERTY CORNERS FOUND AS NOTED O . 'PROPERTY CORNERS SET -s- FENCE UNE . -W- WA TERUNE -OP- OVERHEAD POWER' R • FIRE HYDRANT. _ 74 WATER VALVE 80X ®: WATER METER MAIL BOX ID _ GAS VALVE ' STORM DRAIN CATCH BASIN SEWER MANHOLE . POWER POLE 747TH UGHT UNKNOWN UTIUTY VAULT DECIDUOUS TREE - _op ORDINARY HIGH WATER LINE + ^ U7. 0 _ _ � PARCEL B B" dli ' / Ieir‘ r o .. .� ` ..2_ \':r KIM /S HR /VEj,� �r vi H m _.STREET. OP OP W� OP,op PAIN TED -CENTERLINE OPT DU 40' SETBACK FROM ONW 'RIVER EiWRONAENT CONIFER TREE ter-- UMITS OF SIGNIFICANT STEEP SLOOPS + +_ GREATER. THAN 205 + . SCALE AS SHOWN - N0: OF PARCELS 3 DRAWN BY_CHECKED BY a08 NO. 101092 -6 DATE OF SURVEY 6 MARCH 2010 HORIZ DATUM N9083/91 VERTICAL DATUM NAVD88 /91 CONTOUR INTERNAL 2 -FOOT TOPOGRAPHIC SURVEY EXISTING SITE PLAN INITIALS REVISIONS DATE PREPARED; FOR' WOODEN 111, LLC PO BOX 80264 SEATTLE. WA .98108 SEMENT LAND SURVEYORS 141 1. 33R0 AVE CT SW PUYALLUP, WA 98373 (253) 576 -7328 RECEIVED MAR X1.11111 2010 pgyp l •1 1 (,;sued by • LandArnerica Commonwealth • RECEIVED CMAR 11 2010. DEVELOP NT Commonwealth Land Title Insurance Company m� 14450 N.E. 29th PI., #: :00 Bellevue, WA 981:07 Phone: 425 - 451 -7::01 888 - 272 -5: ;73 Fax: 425 - 646 -3!:17 COMMITMENT FOR TITLE INSIL: RANCE Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the Company, for a valuable consideration. hereby commits to Issue its policy or policies of title Insurance, as identified in Schedule A, In favor of the proposed Insured named In Schedule A, as c'vner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and char Ies therefor; all subject to the exceptions and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See the following pages for printed Exclusions from Coverage and Schedule B e::ceptlons contained in various policy forms.) This Commitment shall be effective only when the Identity of the proposed Insured and the amount of the policy or policies committed for ha%e been inserted in Schedule A hereof by the Company, either at the time of the Issuance of this Commitment or by subsequent endorsement and is sui: jest to the Conditions and Stipulations. This Commitment Is preliminary to the issuance of such policy or policies of title Insurance and all liability and obligations hereunder shall cea::e and terminate 180 days after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that. the failure to issue such polity or policies is not the fault of the Company. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTII: f UPON REQUEST. Attest: Secretary Commonwealth Land Title Insurance Callnpany By: 7144-4,t eXow464 COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall Include deed of trust, trust deed, or other security Instrument. F' 'esident 2. If the proposed Insured has or acquires actual knowledge of any defect, Tien, encumbrance, adverse claim or other matter affecting the state or Interest or mortgage thereon covered by this Commitment other than those shown In Schedule B hereof, and shall fall to disclose such kn )wledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereu t to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledg to the Company, or if the Company otherwise acquires actual knowledge of any such defect, Ilen, encumbrance, adverse claim or other matter, the Company at Its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties Included under the defflliltion of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon In undertaking in good fait) i (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown In Schedule B, or (c) to acquire or create the estate or inl;!rest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated In Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of t: ie form of policy or policies committed for In favor of the proposed Insured which are hereby Incorporated by reference and are made a pare of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the statr_; of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Commitment Cover - WA (Revised 4/03) • • SCHEDULE OF EXCLUSIONS FROM COVERAGE The rpatters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason thereof. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 17 -92) The following matters are expressly exduded from the coverage of this policy and the Company will not pay Toss or damage, costs, attorneys' fees or expenses which arise by reason of: • 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use or enjoyment of the land; (11) the character, dimensions or location of any Improvement now or hereafter erected on the land; (iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse daims or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the Insured claimant became an insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the Ilen of the Insured mortgage over any statutory Ilen for services, labor or material or to the extent Insurance Is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the Insured at Date of Policy, or the Inability or failure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -In- lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the Insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and Is not financed in whole or in part by proceeds of the indebtedness secured by the Insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that Is based on: (a) the transaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the Interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (c) the transaction creating the Interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (I) to timely record the Instrument of transfer; or (11) - of such recordation to impart notice to a purchaser for value or a judgment or Ilen creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10- 17 -92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use or enjoyment of the land; (11) the character, dimensions or location of any Improvement now or hereafter erected on the land; (Iii) a separation In ownership or a change In the dimensions or area of the land or any parcel of which the land Is or was a part; or (Iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental, regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disdosed In writing to the Company by the Insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which, would not have been sustained if the Insured claimant had paid value for the estate or Interest Insured by this policy. 4. Any daim, which arises out of the transaction vesting In the Insured the estate or Interest Insured by this policy, by'reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer, except where the preferential transfer results from the failure: (I) to timely record the Instrument of transfer; or 01) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. Commitment Cover - WA (Revised 4/03) • • SCHEDULE OF EXCLUSIONS FROM COVERAGE (continued) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE -TO -FOUR FAMILY RESIDENCE (10- 22 -03) In addition to the Exceptions In Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: (a) building (b) zoning (c) Land use (d) Improvements on the Land (e) Land division (f) environmental protection This Exduslon does not apply to violations or the enforcement of these matters If notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described In Covered Risk 14, 15 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes If notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless:. - (a) a notice of exercising the right appears in the Public Records at the Policy Date; or (b) the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they appear in the Public records; (b) that are Known to You at the Policy Date, but not to Us, unless they appeared in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch, the Land. This Exclusion does not limit the coverage described In Covered Risk 11 or 18. CLTA STANDARD COVERAGE LOAN POLICY 1990 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use or enjoyment of the land; (11) the character, dimensions or location of any Improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area.of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceabllity of the Tien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state In which the land is situated. 5. Invalidity or unenforceabllity of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in- lending law. 6. Any claim, which arises out of the transaction vesting In the Insured the estate or interest Insured by this policy or the transaction creating the interest of the insured . lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. Commitment Cover - WA (Revised 4/03) SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY - STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 1. Taxes or assessments which are not now payable or which are not shown as existing Hens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be In possession, thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions tc employee benefit plans, or (lens under Workmans' Compensation Acts, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, induding, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 7. Right of use, control or regulation by the United States of America In the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 8. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. • SCHEDULE B EXCEPTIONS APPEARING -IN ALTA OWNER'S POLICY - EXTENDED COVERAGE 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Underground easements, servitudes or installations which are not disclosed by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, Including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or Improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which Is now or may formerly have been covered by water. 5. Any service, Installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN POLICY (10- 17 -92) and ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10- 22 -03) No general exceptions appear in these policy forms. Commitment Cover - WA (Revised 4/03) • Commonwealth LAND TITLE COMPANY OF PUGET SOUND, LLC order No.: TS 7 20269437 SECOND COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: November 9, 2006 at 8:00 a.m. 2. Policy or Policies to be issued: Owners Policy 10 -17 -9 Proposed Insured: Amount: Premium: Tax: Total: 14450 N.E. 29th PI., #200 Bellevue, WA 98007 Phone: 425 - 646 -3515 888 - 272 -5773 Fax: 425 - 646 -3517 .ommitment No.: TS - 20269437 2 Short Term Rate Frank Firmani, a single person $150,000.00 $ 508.00 $ 44.70 $ 552.70 ALTA Loan Policy - 1992 - Simultaneous Issue Rate Proposed Insured: To Be Determined TO COME $ 0.00 $ 0.00 $ . 0.00 Amount: Premium: Tax: Total: 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: Edward L. Solseng, as his separate estate 4. The land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto. Commonwealth Land Title Insurance Company By L41 Authorized SI n ture Preliminary Commitment Page 1 EXHIBIT "A" PARCEL A: girder No. TS - 20269437 THAT PORTION OF GOVERNMENT LOT 1, SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST; W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 IN BLOCK 20 OF C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 3, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 86 IN KING - COUNTY, WASHINGTON; THENCE NORTH 86 °15'00" WEST, 100 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOT 1 TO THE SOUTH LINE OF GOVERNMENT LOT 2; THENCE EASTERLY ALONG SAID SOUTH LINE TO A POINT SOUTH OF THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH TO THE POINT OF BEGINNING; EXCEPT THAT PORTION FOR SOUTH 115TH STREET; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THAT PORTION OF GOVERNMENT LOT 2, SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 IN BLOCK 20 OF C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 3, AS PER PLAT RECORDED IN VOLUME. 12 OF PLATS, PAGE 86 IN KING COUNTY, WASHINGTON; THENCE NORTH ALONG THE WEST -LINE OF SAID LOT 1, A DISTANCE OF 100 FEET NORTH 86 °15'00 ", WEST A DISTANCE OF 100 FEET; ' THENCE SOUTH 100 FEET; THENCE SOUTH 86 °15'00" EAST 100 FEET TO THE POINT OF BEGINNING; (ALSO KNOWN AS LOT B OF KING COUNTY LOT LINE ADJUSTMENT NO. 985024, RECORDED UNDER RECORDING NO. 8510170346); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Page 2 • • "'Order No. TS - 20269437 SCHEDULE B - continued SCHEDULE B REQUIREMENTS: Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed for record. EXCEPTIONS: Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Standard exceptions set forth on the Commitment Cover. B. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS: 1. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% FOR ALL TRANSACTIONS RECORDED ON OR AFTER JULY 1, 2005: • A FEE OF $10.00 WILL BE CHARGED ON ALL EXEMPT. TRANSACTIONS; • A FEE OF $5.00 WILL BE CHARGED ON ALL TAXABLE TRANSACTIONS IN ADDITION TO THE EXCISE TAX DUE; 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS; TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 1023049063 YEAR BILLED PAID BALANCE 2006 $ 218.09 $109.05 $109.04 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $109.04. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: (COVERS: PARCEL A) 2411 $16,000.00 $0.00 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 1023049072 YEAR BILLED. PAID • BALANCE 2006 $1,044.47 $522.24 .. $522.23 TOTAL AMOUNT DUE,•NOT INCLUDING INTEREST AND PENALTY: $522.23. LEVY CODE: 2411 ASSESSED VALUE LAND: $80,000.00 ASSESSED VALUE IMPROVEMENTS: • $0.00 (COVERS: PARCEL B) Page 3 i • SCHEDULE B — continued r-� �rder No. TS - 20269437 4. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 8510170346. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. (COVERS: PARCEL B) EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDING NO. SEPTIC TANK DRAINFIELD A PORTION OF PARCEL B OF SAID PREMISES 9111010059 6. DECLARATION OF EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: CITY OF TUKWILA TEMPORARY FACILITIES FOR CONSTRUCTION AND MAINTENANCE OF WATERLINE A PORTION OF SAID PREMISES OCTOBER 19, 1995 9510190952 MATTERS DISCLOSED BY SURVEY: RECORDED: RECORDING NO.: 8. MATTERS DISCLOSED BY RECORDED: RECORDING NO.: 9. MATTERS DISCLOSED BY RECORDED: RECORDING NO.: MAY 13, 1975 7505130455. SURVEY: DECEMBER 6, 2001 20011206900003 SURVEY:. AUGUST 19, 2002 20020819900003 10. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NO. 20040122900002. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS; COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 11. ANY CHANGE IN THE BOUNDARY OR LEGAL DESCRIPTION OF THE LAND DESCRIBED HEREIN, DUE TO A SHIFT OR CHANGE IN THE COURSE OF DUWAMISH RIVER. 12. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF. DUWAMISH. . 13. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. Page 4 • Order No. TS - 20269437 SCHEDULE B — continued 14. _ ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 15. STORM AND SURFACE WATER LIEN CLAIMED BY CITY OF TUKWILA.. AGAINST: EDWARD L. SOLSENG AMOUNT: $82.87 RECORDED: DECEMBER 3, 2002 RECORDING NO.: 20021203001005 16. OUR INSPECTION MADE.ON NOVEMBER 08, 2006, DISCLOSED THE FOLLOWING: A WOOD DECK APPURTENANT TO THE EASTERLY ADJOINING PROPERTY ENCROACHES ONTO THE REAL ESTATE UNDER SEARCH. NOTE: INQUIRY SHOULD BE MADE OF THE COMPANY TO DETERMINE THE REQUIREMENTS NEEDED TO CLEAR THE ITEMS NOTED ABOVE. NOTE 1: NOTE 2: NOTE 3: THE. COMPANY HAS BEEN ASKED TO. ISSUE A LENDER'S POLICY WITHOUT DISCLOSURE OF THE LIABILITY AMOUNT: THIS COMMITMENT SHALL BE EFFECTIVE ONLY WHEN THE AMOUNT OF THE POLICY COMMITTED FOR HAS BEEN INSERTED IN SCHEDULE A HEREOF. THE COMPANY MAY HAVE FURTHER REQUIREMENTS IF THE UNDISCLOSED AMOUNT TO BE INSURED EXCEEDS THE CURRENT ASSESSED VALUATION. ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, THE PROPOSED INSURED IS FRANK FIRMANI, A SINGLE PERSON. WE FIND NO PERTINENT MATTERS OF RECORD AGAINST THE NAME(S).OF SAID PARTY(IES). BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: COMMERCIAL /INDUSTRIAL STRUCTURE(S) KNOWN AS: 3912 S. 115TH STREET TUKWILA, WA 98102 NOTE 4: THIS IS A SALE TRANSACTION. THE SPECIFIC DISCOUNTED RATE CLASSIFICATIONS APPLIED TO THE OWNER'S POLICY, AND ANY LENDER'S POLICY ALSO REQUESTED FOR THIS TRANSACTION, ARE DISCLOSED IN SCHEDULE A OF THE PRELIMINARY COMMITMENT. OTHER DISCOUNTED RATE CLASSIFICATIONS MAY APPLY, INCLUDING THE: RESIDENTIAL RESALE RATE SHORT TERM RATE PRIOR TITLE EVIDENCE RATE BUILDER'S AND SUBDIVIDER'S RATE SIMULTANEOUS ISSUE RATE ATTACHED IS A BRIEF DESCRIPTION FOR THESE RATES. PLEASE INFORM YOUR TITLE OFFICER IF YOU THINK YOUR TRANSACTION QUALIFIES FOR ONE OF THE LISTED DISCOUNT PREMIUM RATES. YOU MAY REACH YOUR TITLE OFFICER, TROY ST. GEORGE, AT (425) 646 -3515 OR TST.GEORGE @LANDAM.COM. Page 5 NOTE 5: NOTE 6: NOTE 7: NOTE 8: NOTE 9: • Order No. TS - 20269437 SCHEDULE B — continued IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT "COMMONWEALTH LAND TITLE OF PUGET SOUND" MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR. TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. PTN GOV LOTS 1 & 2 STR 10 23 4E, WM. WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: COMMONWEALTH LAND TITLE COMPANY OF PUGET SOUND 1501 - 4TH AVENUE, SUITE 308 SEATTLE, WA. 98101 ATTN: RECORDING DEPT. COMMONWEALTH PRE - ADDRESSED ENVELOPES MAY STILL BE USED WHEN SENDING DOCUMENTS VIA TDS (TITLE DELIVERY SERVICE) TO THE ADDRESS ON THE FACE OF THE COMMITMENT COVER PAGE OR TO THE ABOVE ADDRESS. IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERETO, ALL OF THE. TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. NOTE 10: THE POLICY(S) OF INSURANCE MAY CONTAIN A CLAUSE PERMITTING ARBITRATION OF CLAIMS AT THE REQUEST OF EITHER THE INSURED OR THE COMPANY. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION. Page 6 • SCHEDULE B continued (END OF EXCEPTIONS) •rder No. TS - 20269437 Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested or specified herein, the forms of policy to be issued in connection with this Commitment will be the ALTA 2003 Homeowner's Policy, the ALTA 1992 Lender's Policy, or, in the case of standard lender's coverage, the CLTA Standard Coverage Policy - 1990. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly upon request. JES1 /ss Enclosures: Sketch Vesting Deed Paragraphs all recorded documents Page 7 • SCHEDULE B -- continued • ' (END OF EXCEPTIONS) ! . ; Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity.: , ; , :• , ; 1 In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. . , Unless otherwise requested or specified herein, the fOrin: s of policy to be issued in connection with this , Commitment will be the ALTA 2003 Homeowner's Policy, the ALTA 1992 Lender's Policy, or, in the case of standard lender's coverage, the CLTA Standard Coverage Policy - 1990. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment Will be furnished promptly upon request. 4Der No. - 20269437 3ES1/ss Enclosures: Sketch Vesting Deed Paragraphs all recorded documents • Commonwealth LAND TITLE COMPANY OF PUGET SOUND. LLC •Ier No.: TS - 20269437 14450 N.E. 29th PI., #200 Bellevue, WA 98007 Phone: 425 - 646 -3515 888- 272 =5773 Fax: 425- 646 -3517 Discounted Rate Disclosure Addendum - Sale This is a sale transaction. The specific discounted rate classifications applied to the owner's policy, and any lender's policy also requested for this transaction, are disclosed in Schedule A of the preliminary commitment.- Other discounted rate classifications may apply, including the: Residential resale rate - To insure the buyer on a sale of an existing one -to -four family residence or condominium. Short term rate - If a title policy has been issued within the last five (5) years. Prior title evidence rate - If a copy of a prior title policy or commitment issued by any title company is submitted with an order for title insurance upon land without a 1 -to -4 family residential structure. Builder's and Subdivider's Rate - If the land has been or is to be divided; if the proposed purchaser/ developer builds for resale or lease; if divided parcels are being sold or leased; or for standard owner's policies following completion of construction. For a lender's policy insuring a development loan on land which has been or is to be divided and for a lender's policy insuring a construction loan. Simultaneous Issue Rate If an additional lender's or owner's policy is issued at the same time as the purchaser's policy, only a small fee is charged for the same coverage type and amount as the owner's policy. PLEASE INFORM YOUR TITLE OFFICER IF YOU THINK YOUR TRANSACTION QUALIFIES FOR ONE OF THE LISTED DISCOUNT PREMIUM RATES. You may reach your title officer, Troy St. George, at (425) 646 -3515 or TSt.George @Landam.com. Please acknowledge your receipt of this rate disclosure by signing below. Name: Name: Date: Date: Please return to company at: 14450 N.E. 29th Place Suite 200 Bellevue, WA 98007 Attn: Troy St George Discounted Rate Disclosure Addendum THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH,UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. SECTION: 10 TOWNSHIP: 23N RANGE: 04E • RECEIVED MAR 11 20101 COMMUNITY DEVELOPMENT stewart title • 18000 International Boulevard South, Suite 510 SeaTac, Washington 98188 206 - 770 -8700 • 888 - 896 -1443 Title Officer: Tanya Johnson Title Officer: Chris Rollins Phone: (206)- 770 -8717 or (253)- 882 -2040 E -mail: tjohnson©@stewart.com Phone: (206)- 770 -8715 or (253)- 882 -2040 E -mail: chris.rollins @stewart.com Unit Faxes: (206)- 802 -9341 Reference: NGUYEN /FIRMANI Order Number: 208165896 SCHEDULE A 1. Effective Date: April 2, 2008 at 8:00 a.m. 2. Policy Or Policies To Be Issued: (X) ALTA HOMEOWNER'S PLUS POLICY, (10/22/03) Amount: $130,000.00 Premium: $528.00 HOMEOWNERS RATE Tax: $47.52 Total: $ 575.52 Proposed Insured: FRANK FIRMANI, A SINGLE MAN (X ) ALTA EXTENDED LOAN POLICY, (6/17/06) Amount: TO BE DETERMINED SIMULTANEOUS ISSUE RATE Premium: Tax: Total: $ 0.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE ESTATE 4. Title to said estate or interest in said land is at the effective date hereof vested in: JIMMY H. NGUYEN, A SINGLE MAN 5. The land referred to in this commitment is described as follows: See Attached Legal Description File No.: 208165896 0043CG ALTA Commitment (6/17/06) — Schedule B I Page 1 of 9 r stewart title guaranty company l • • Purported Address: 3914 SOUTH 115TH STREET TUKWILA, WA 98168 File No.: 208165896 0043CG ALTA Commitment (6/17/06) - Schedule B I Page 2 of 9 - stewart title guaranty company • • Exhibit A LEGAL DESCRIPTION File Number: 208165896 LOT 1 AND THE WEST 3 FEET OF LOT A, BLOCK 20, C.D. HILLMAN'S MEADOW GARDENS ADDITION TO CITY OF SEATTLE, DIVISION NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE(S) 86, RECORDS OF KING COUNTY, WASHINGTON. File No.: 208165896 0043CG ALTA Commitment (6/17/06) — Schedule B I Page 3 of 9 stewart title guaranty company • • COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C. Extended coverage exceptions, as follows: (1) Rights or claims of parties in possession not shown by the public records. (2) Easements, claims of easement or encumbrances which are not shown by the public records. (3) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. (4) Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. F. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. File No.: 208165896 0043CG ALTA Commitment (6/17/06) — Schedule B I Page 4 of 9 stewart title guaranty company • COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Format: Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8'/z" by 14 ". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: Title or titles of document. if assignment or reconveyance reference to auditor's file number or subject deed of trust. Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter quarter section for unplatted). Assessor's tax parcel number(s) Return address which may appear in the upper left hand 3" top margin SPECIAL EXCEPTIONS FOLLOW File No.: 208165896 0043CG ALTA Commitment (6/17/06) - Schedule B I Page 5 of 9 r- stewart title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I SPECIAL EXCEPTIONS 1. TERMS, COVENANTS, CONDITIONS AND /OR PROVISIONS CONTAINED IN AN EASEMENT SERVING SAID PREMISES, AS CONTAINED IN INSTRUMENT: RECORDED: NOVEMBER 1, 1991 RECORDING NO.: 9111010059 2. TERMS AND CONDITIONS OF SURVEY RECORDED AUGUST 19, 2002 UNDER RECORDING NUMBER 20020819900003. 3. LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF THE DATE HEREIN, THE EXCISE TAX RATE FOR CITY OF TUKWILA IS 1.78 %. 4. OWNERS POLICY COVERAGE TO BE VERIFIED THROUGH WRITTEN INSTRUCTION OR A COMPLETE COPY OF THE PURCHASE AND SALE AGREEMENT SHOULD BE SUBMITTED. 5. DELINQUENT GENERAL TAXES. YEAR: 2007 AMOUNT BILLED: $2,016.24 AMOUNT PAID: $1,008.12 AMOUNT DUE: $1,008.12, PLUS INTEREST AND PENALTY LEVY CODE: 2408 TAX ACCOUNT NO.: 335140 - 0005 -06 6. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 2008 AMOUNT BILLED: $1,942.81 AMOUNT PAID: $ 0.00,. AMOUNT DUE: $1,942.81, PLUS INTEREST AND PENALTY, LEVY CODE: TAX ACCOUNT NO.: ASSESSED VALUATION: LAND: IMPROVEMENTS: IF DELINQUENT 2408 335140 - 0005 -06 $70,000.00 $94,000.00 NOTE: KING COUNTY TREASURER, 500 4TH AVENUE, 6TH FLOOR ADMIN. BLDG., SEATTLE, WA 98104 (206) 296 -7300 WEB ADDRESS: http: / /webapp.metrokc.gov /KCTaxinfo /. File No.: 208165896 0043CG ALTA Commitment (6/17/06) — Schedule B I Page 6 of 9 stewart title guaranty company 7. LIABILITY FOR SEWER TREATMENT CAPACITY CHARGES THAT MAY BE ASSESSED BUT NOT DISCLOSED IN THE PUBLIC RECORDS. PLEASE CONTACT THE KING COUNTY CAPACITY CHARGE DEPARTMENT FOR FURTHER INFORMATION AT 206 - 296 -1450. 8. IF THE HEREIN DESCRIBED PROPERTY CONSISTS OF THE DWELLING IN WHICH THE OWNER RESIDES, SUCH PREMISES CANNOT BE CONVEYED OR ENCUMBERED UNLESS THE INSTRUMENT IS EXECUTED AND ACKNOWLEDGED BY BOTH SPOUSES, IF SAID OWNER IS A MARRIED PERSON, PURSUANT TO RCW 6.13. IF THE OWNER IS UNMARRIED THE FORTHCOMING INSTRUMENT SHOULD SO RECITE. END OF SPECIAL EXCEPTIONS File No.: 208165896 0043CG ALTA Commitment (6/17/06) — Schedule B I Page 7 of 9 stewart -title guaranty company NOTES: NOTE A: SO THAT WE MAY COMPLY WITH ALL LENDER REQUIREMENTS AND ENDORSEMENTS, PLEASE ENCLOSE A COMPLETE COPY OF THE LENDER'S INSTRUCTIONS WITH THE RECORDING PACKAGE. ALL KING COUNTY PACKAGES NOT USING AN EXCISE FORM ARE NOW RECORDED ELECTRONICALLY. PLEASE ADD $3.00 TO THE RECORDING FEE FOR EACH ELECTRONICALLY RECORDED DOCUMENT. IN ORDER TO ASSURE TIMELY RECORDING ALL RECORDING PACKAGES SHOULD BE SENT TO: STEWART TITLE 18000 INTERNATIONAL BLVD., SUITE 510 SEATAC, WASHINGTON 98188 ATTN: RECORDER NOTE B: THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. LT. 1 & PTN. LT. A, BLK. 20, C.D. HILLMAN'S MEADOW GARDENS ADD. NO. 3 NOTE C: ALL MATTERS REGARDING EXTENDED COVERAGE HAVE BEEN CLEARED FOR MORTGAGEE'S POLICY. EXCEPTIONS C, E AND F SHOWN IN SCHEDULE B HEREIN WILL BE OMITTED IN SAID EXTENDED COVERAGE MORTGAGEE'S POLICY. NOTE D: ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, TITLE IS TO VEST IN FRANK FIRMANI, A SINGLE MAN . EXAMINATION OF THE RECORDS DISCLOSES NO MATTERS PENDING AGAINST SAID PARTY(IES). CHAIN OF TITLE NOTE: THE FOLLOWING DEED(S) AFFECTING SAID LAND WAS (WERE) RECORDED WITHIN 24 MONTHS OF THE DATE OF THIS COMMITMENT: GRANTOR: GRANTEE: RECORDING NUMBER: LEONA JEAN GOODMAN, WHO ACQUIRED TITLE AS LEONA TOMOSON, AS A SEPARATE ESTATE JIMMY H. NGUYEN, AN UNMARRIED INDIVIDUAL 20070626002288 THE ABOVE INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NO LIABILITY SHALL ARISE THEREFROM. MP File No.: 208165896 0043CG ALTA Commitment (6/17/06) — Schedule B I Page 8 of 9 stewart title guaranty company • • Copies to: KELLER WILLIAMS REALTY /EVERETT /7433 500 SE EVERETT MALL WAY, SUITE B200 EVERETT, WA 98208 ATTENTION: MEAKARA MENDEZ File No.: 208165896 0043CG ALTA Commitment (6/17/06) — Schedule B I Page 9 of 9 Stewart •title guaranty company COMMITMENT FOR TITLE INSURANCE Issued by stewart •title guaranty company Stewart Title Guaranty Company, a Texas Corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Companyy has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Authorized Countersignature STEWART TITLE Company SEATAC, Washington City, State 004 -UN ALTA Commitment (6/17/06) rSt@Wait title guaranty company 1i / \ 1 7 ti te Senior Chairman of the Board Chairman of the Board President File No.: 208165896 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http:llwww.alta.orgl >. Stewart •title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. • • Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may.disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non - financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you toihose employees who need to know that information in order to provide products or services to you) We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. • • STEWART TITLE OF WASHINGTON Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm - Leach- Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of STEWART TITLE OF WASHINGTON We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non - financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. • • NG T1 stewart o -title 18000 International Boulevard South, Suite 510 SeaTac, Washington 98188 206 - 770 -8700 • 888 - 896 -1443 fax 206 - 770 -8703 • 253 - 882 -2033 COPIES OF DOCUMENTS AVAILABLE ONLINE ORDER NUMBER: 208165896 FOR PROPERTY ADDRESS: 3914 SOUTH 115TH STREET, TUKWILA, WA 98168 IN OUR EFFORT TO BE ENVIRONMENTALLY CONSCIOUS STEWART TITLE ENCOURAGES YOU TO VIEW THE UNDERLYING DOCUMENTS ONLINE AT WWW.GOSTEWART.COM /SURECLOSE -LOGIN If you've never logged in before, just contact us at 206 - 770 -8700 or send an email to gpayne @stewart.com and we'll gladly send your login and password to you. We would also be happy to email the documents to you and certainly we will send you hard copies upon request. Stewart Title shares your concern for the environment and we are proud to present green company solutions. Thank you! • stewart °1 r •title • ORDER NO: 208165896 1 2 SSOZ4s a045 This sketch is provided without charge for information. It is not intended to show all matters related to the property including, but not limited to area, dimensions, encroachments or locations or boundaries. It's not a part of, nor does it modify, the commitment or policy to which it is attached. The company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information. Se 4 1/1 2 -7' 1 °0 4 rO.s .l--e 4 l /2-t t i o, w \4sti City of f Tukwila Jim Haggerton, Mayor City J Department of Community Development Jack Pace, Director 3 NOTICE OF INCOMPLETE APPLICATION (revised 1/27/2010) January 27, 2010 Eric Cobb E. Cobb Architects 911 Western Avenue, #318 Seattle, WA 98101 RE: Wooden III LLC L09 -064 Comprehensive Plan Amendment -- MIC/L and LDR to 0 L09 -065 Rezone —MIC/L and LDR to 0 Dear Mr. Cobb: We have made some revisions to the letter /email that was sent to you on January 25, 2010. Please disregard that earlier communication. Refer instead to this letter dated January 27, 2010, and provide the information as noted so that your application is complete, and staff can continue review of your request. The deadlines will still remain the same. Your application for Comprehensive Plan amendment and rezone located at 3915 S. 115th Street. Tukwila has been found to be incomplete. In order complete the application, the following must be submitted to the permit center: a. Surrounding land use map for all existing land uses within a 1, 000 foot radius from the lot's property lines b. Title Report— Clearly establish status as legal lot(s) of record, ownership, all known easements and encumbrances c. Boundary and topographic survey (2 ft. contours including a minimum 20 ft. beyond the property line) with all structures, improvements, easements, encumbrances and right -of -way wide /infrastructure. Elevations shall be City of Tukwila datum (NGV 1929 datum for 100 year flood elevation with equiation to City of Tukwila datum). This shall be stamped by the surveyor. d. Location of all sensitive areas (e.g. streams, wetlands, slopes over 20 %, coal mine areas an important geological and archaeological sites.) Also show trees over 4" caliper, indicating those to be saved. All proposed sensitive area and tree protection measures shall be shown. e. 100 year flood plain boundary and elevation as shown on FEMA maps. Rf 1 01/27/2010 H: \CompPlanAmend -- 2009 - 2010 \WoodenLLC- -MIC -L & L to O \( REV) 1.27.10.Incomplete.Wooden.MIC -L & LDR to 0.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 - 431 -3670 • Fax: 206 - 431 -3665 • • Upon receipt of these items, the City will re- review them for completeness and will mail you written notification of completeness or incompleteness within 14 days. These applications will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to Section 18.104.070(E). If you have any questions about this letter and requirements, please contact me at 206 - 431 -3683 or via email at rfox@ci.tukwila.wa.us Sincerely, Rebecca Fox Senior Planner rf 2 H: \CompPlanAmend- -2009- 2010 \WoodenLLC- -MIC -L & L to O \( REV) 1.27.10.Incomplete.Wooden.MIC -L & LDR to O.doc 01/27/2010 n Department of Contmunity Development Jack Pace, Director City of Tukwila Jim Haggerton, Mayor NOTICE OF INCOMPLETE APPLICATION January 25, 2010 Eric Cobb E. Cobb Architects 911 Western Avenue, #318 Seattle, WA 98101 RE: Wooden III LLC L09 -064 Comprehensive Plan Amendment -- MIC/L and LDR to 0 L09 -065 Rezone —MIC/L and LDR to 0 Dear Your application for Comprehensive Plan amendment and rezone located in the vicinity of 3915 S. 115th Street, Tukwila, WA has been found to be incomplete. In order complete the application, the following must be submitted to the permit center: a. Graphic/Map clearly showing the location of environmentally - sensitive areas, including geologic hazard areas and steep slopes for the three lots in question. Show topography at 10' intervals. Indicate the required setbacks for the proposed Office zone. Upon receipt of these items, the City will re- review your applications for completeness and will mail you written notification of completeness or incompleteness within 14 days. These applications will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to Section 18.104.070(E). If you have any questions about this notice, please contact me at 206 - 431 -3683 or via email at rfox @ci.tukwila.wa.us Sincerely, Rebecca Fox Senior Planner Rf 1 01/25/2010 H: \CompPlanAmend -- 2009 - 2010 \WoodenLLC- -MIC -L & L to O \Incomplete.Wooden.LLC - -MIC.L & LDR to 0.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 -431 -3670 • Fax: 206 -431 -3665 Initials Page 2 of 2 01/25/2010 H: \CompPlanAmend -- 2009 - 2010 \WoodenLLC- -MIC -L & L to O \Incomplete.Wooden.LLC - -MIC.L & LDR to O.doc King County Property Descripe for parcel number 3351400005 King County Always at Your sevke KCGIS Parcel Reports HOME NEWS SERVICES DIRECTORY KCGIS Center www.KingCounty.gov /GIS CONTACT • Page 1 of 2 Search ij Assessor information for parcel number 3351400005 Property Report Taxpayer name Districts and Development Conditions Report Find Your Council District Find Your Watershed KCGIS Center King County GIS Center King Street Center 201 S. Jackson St. Suite 706 Seattle, WA 98104 giscenter ©kingcounty.gov + 47.59909 N - 122.33136 W + 47° 35' 56.72" - 122° 19' 52.90" Mailing address WOODEN III LLC PO BOX 80246 SEATTLE WA 98108 Address(es) at this 3914 S 115TH ST 98.168 parcel Parcel number Tax Account number Levy code Jurisdiction Present use Appraised value 3351400005 335140000506 2408 TUKWILA Single Family(Res Use /Zone) $139,000 Legal description HILLMANS C D MEADOW GARDENS # 3 W 3 FT OF A & ALL OF 1 Sales /Quit Claims/Transfers Sale date Sale price Buyer WOODEN III LLC Seller Excise tax . number 2341465 Recording number Instrument • type Sale reason 04 -11 -2008 $130,000 NGUYEN JIMMY 20080414002277 Statutory Warranty Deed None 06 -21 -2007 $147,000 NGUYEN JIMMY H GOODMAN LEONA JEAN 2293932 20070626002288 Statutory Warranty Deed None 05 -25 -1995 $52,000 TOMOSON DENNIS +LEONA WALES TOM +DARLA 1430856 199505311468 None Parcel description Property name Property Property R - RESIDENTIAL type Present Single Family(Res use Use /Zone) Lot area 5,638 sq. ft. (0.13 acres) Plat HILLMANS CD MEADOW name GARDENS DIV NO. 03 Plat - -- 20 - -- --- ---_ block Plat lot 1 & A Q -S -T- NW -10 -23-4 R Water WATER system DISTRICT Sewer PRIVATE system Access PUBLIC Street PAVED surface Residential building description Building 1 of 1 Year built 191.1 Year renovated 0 Stories 1 Building grade 5 - Fair Condition Average Finished basement NONE OR grade UNKNOWN Total living sq. ft. 1,460 1st floor sq. ft. 880 Half floor sq. ft. 580 2nd floor sq. ft. 0 Upper floor sq. ft. 0 Total basement sq. 140 ft. Finished basement 0 sq. ft. Basement garage 0 sq. ft. Attached garage sq. 0 ft. Open porch sq. ft. 60 Bedrooms 3 Baths 1/2 baths 0 3/4 baths Single story fireplace Multi -story fireplace 0 Free - standing 0 fireplace Percent brick or 0 stone Daylight basement Heat system Forced Air http:// www5.kingcounty.gov/kcgisreports /property report.aspx ?PIN= 3351400005 02/09/2010 King County Property Descripe for parcel number 3351400005 • Page 2 of 2 Enclosed porch sq. 0 ft. Deck sq. ft. 0 Heat source �_ Gas Taxable value histo Tax year Tax status TAXABLE Taxable value reason NONE OR UNKNOWN Appraised value Taxable value v 2010 v $65,000 (land) + $74 000 (improvements) $65,000 (land) + 574.000 (improvements) $139,000 (total) $139,000 (total) 2009 TAXABLE NONE OR UNKNOWN 570,000 (land) + $110.000 (improvements) $70,000 (land) + $110.000 (improvements) $180,000 (total) $180,000 (total) 2008 TAXABLE NONE OR UNKNOWN $70,000 (land) + $94.000 (improvements) $70,000 (land) + $94 000 (improvements) $164,000 (total) $164,000 (total) Related resources King County Assessor: Submit a request to correct information in this report King County Assessor: eReal P.roperty_Report King County Assessor: Quarter Section Map (PDF format requires Acrobat) King County GIS: Property information FAQ_ King County GIS: Districts and.Development Conditions Report (a detailed report about the location of this property) King County DDES: Permit Applications Report (for unincorporated areas only) King County Treasury Operations: Property_Tax Information.for this property_. King County Recorders Office: Excise Tax Affidavits Report King County Recorders Office: Scanned images of plats. King County Recorders Office: Scanned images of surveys and other map documents. Open iMAP tothis_property. (requires a high speed internet connection) Qpen Parcel Viewer to this property (any connection speed, but less features than iMAP) Search: Address or parcel number: search by condo name example address: 8621 428TH AVE SE 1 example parcel number: 0942000860 This report was generated on 2/9/2010 2:37:16 PM Home ( Privacy I Accessibility I Terms of use 1 Search Reset Contact us at giscenter @kingcounty.gov. Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. © 2009 King County http: / /www5. kingcounty. gov /kcgisreports /property_report.aspx ?PIN= 3351400005 02/09/2010 King County Property Descrilen for parcel number 1023049072 • Page 1 of 2 King County Always at your service KCGIS Parcel Reports Property Report Districts and Development Conditions Report Find Your Council District Find Your Watershed KCGIS Center King County GIS Center King Street Center 201 S. Jackson St. Suite 706 Seattle, WA 98104 oiscenter @kingcounty.gov + 47.59909 N - 122.33136 W + 47° 35 56.72" - 122° 19' 52.90" HOME NEWS SERVICES DIRECTORY CONTACT KCGIS Center www.KingCounty.gov /GIS ..._ .................. Search Assessor information for parcel number 1023049072 Taxpayer name WOODEN III LLC Mailing address PO BOX 80246 SEATTLE WA 98108 Address(es) at this parcel None Parcel number 1023049072 Tax Account number 102304907201 Levy code Jurisdiction Present use Appraised value 2408 TUKWILA Vacant(Industrial) $160,000 Legal description POR GL 2 IN NW 1/4 STR 10 -23 -04 DAF: BEG AT SW COR LOT 1 BLK 20 C D HILLMAN'S MEADOW GARDENS DIV NO 3 TH NLY ALG W LN SD LOT 1 DIST 100 FT TH N 86 -15 -00 W 100 FT TH SLY TO N R/W MGN S 115TH ST TH ELY ALG SD MGN 100 FT M/L TO TO SD SW COR LOT 1 & TPOB Sales /Quit Claims/Transfers Sale date Sale price Buyer Seller Excise tax number Recording number Instrument type Sale reason 12 -12 -2006 $158,200 WOODEN III SOLSENG 2256658 20061220001467 Warranty None LLC EDWARD L Deed 02 -07 -2006 $0 SOLSENG GOODRICH 2185390 20060207002165 Quit Claim Property EDWARD STACEY Deed Settlement 06 -25 -2001 $75,000 SOLSENG LOONEY 1825735 20010626002913 Statutory None EDWARD WILLIAM A Warranty L +STACEY Deed GOODRICH Parcel description Property VACANT LAND name Property type C - COMMERCIAL Present use Vacant(Industrial) Lot area 10,000 sq. ft. (0.23 acres) Plat name Plat block Plat lot Q -S -T -R NW -10 -23-4 Taxable value histo Water system Sewer system Access Street surface WATER DISTRICT PUBLIC PUBLIC PAVED Tax year 2010 Tax status TAXABLE Taxable value reason NONE OR UNKNOWN Appraised value $160,000 (land) + so (improvements) $160,000 (total) Taxable value $160,000 (land) + 10 (improvements) $160,000 (total) 2009 TAXABLE NONE OR UNKNOWN $160,000 (land) +So (improvements) $160,000 (total) $160,000 (land) +so (improvements) $160,000 (total) 2008 TAXABLE NONE OR UNKNOWN $120,000 (land) + IQ (improvements) $120,000 (total) $120,000 (land) + $Q (improvements) $120,000 (total) Related resources King County Assessor: Submit a request to correct information in this report King County Assessor: eReal Property Report King County Assessor: Quarter Section Map, (PDF format requires Acrobat) King County GIS: Property information FAQ King County GIS: Districts and Development Conditions Report (a detailed report about the location of this property) httn. / /www5 kinarrmnty an v/kcaisrennrts /nrnnerty rennrt _asnx ?PTN =1 (12'3(149072 07/09/201( King County Property Descriptilfor parcel number 1023049072 • Page 2 of 2 King County DDES M, (for unincorporated areas only) King County Treasury Operations: Property Tax Information for this property. King County Recorders Office: Excise Tax Affidavits Report King County Recorders Office King County Recorders Office: Scanned images of surveo and other map documents. Open NAP to this property. (requires a high speed intemet connection) Open Parcel Viewer to this property (any connection speed, but less features than iMAP) Search: Address or parcel number: Go 0 search by condo name example address: 8621 428TH AVE SE I example parcel number: 0942000860 This reporttwas generated on 2/9/2010 2:18:57 PM Reset Horne Privacy 1 Accessibility 1 Terms of use 1 Search. Contact us at giscenter(a?kingcoun y.gov. Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. © 2009 King County httn*// www5_ kinaennnty _anv/kcpisrennrts /nrnnerty rennrt _asnx ?PTN= 1023049072 02/09/2010 • • December 22, 2009 Josh Johns E. Cobb Architects 911 Western Avenue #318 Seattle, WA 98104 Dear Mr. Johns, Parks ,u1d Recreation Department: I agree with your assumptions that by rezoning two parcels (335140005 and 1023049072) to Office zone would benefit the City of Tukwila's shoreline and the Duwamish Riverbend Park property. The Tukwila Parks system would also benefit with the donation of the riverfront property (1023049063). It is my suggestion to schedule a meeting with myself and the Directors of Public Works and Department of Community Development to further investigate the proposed zoning change and land donation. Please feel free to contact me at (206)767 -2343 if I can be of further assistance Sincerely, (h.4' Qlgd9L- Bruce Fletcher, Director Tukwila Parks and Recreation Department Bruce Fletcher 12424 42nd Avenue South Tukwila, WA 98168 (206) 767 -2342 * brute @ci.tukwila.wa.us STATE OF WASHINGTON COUNTY OF KING • i CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan ©ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss RECEIVED DEC 2 3 2009 COMMUNITY DEVELOPMENT The undersigned being duly sworn and upon oath states as follows: 1. 1 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. i 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 props�y, l-ocal d at S 9l I{ S its er 4t V*L*NT `VV o TIDE WEST P + got Ie.1P12..,nsi00065, Iq ,04404? for the purpose of application review, for a limited time necessary to comp etc tat purpose. 5. Owner agrees to hold thelCity harmless for any Toss 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. i 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 _S 1'Z.4 (city), "r /� ' (state), on . PeCi , 6f) , 20 Print Name —� A x4- 1. , .-78l r-1 Address Phone Number Signature On this day personally appeared before me rai Ote3 'i E) f Mittfii to me known to be the individual who executed the foregoing instrument and acknowledged that he/din signed the same as lrisAr.r voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 1O i DAY OF V n ec NOTARY P LIC in and for the State of Washington residing ut NOD ‚&2& Se Po /` My Commission expires on - 7129/d/ 2--- i 200/ CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E- mail.: tukplan @ci.tukwila.wa.us DEC 2 3 2009 COMMUNITY DEVELOPMENT COMPREHENSIVE PLAN AMENDMENTS APPLICATION • FOR STAFF USE ONLY Permits Plus Type: P -CPA P - C P/r Planner: 9..eb e cc -1 x. File Number: L o q — 0 6 (f. Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: W00 0 (✓ Nk IIE LLG . ( 0",IC_L d Lola +a 6 LOCATION OF PROJECT /DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3911 5 J(STH ST AND AOJACEMT Lor, Q�2GEL oz- yqo 72 +- 3351 y o0005 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 102.3.09g072f3351 000o5� 10Z30'19063 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: 10514 J01•S 02 elate eon E. Coe.& Aac4 t EcT$ Address: g 11 wESTEe N R V e 318 Phone: Z06 — Z27 -01 36 FAX: ZO — Z33 - cil >•fZ E -mail: 1-10(4 5 tR GOmt.4RGh4. Go AA Signature: Date: • A. COMPREHENSIVE PLAN DESIGNATION: Existing: / C a 3 0 6-{, `T 0 7 Z. - /V'1 I C.A. • RD.-7 B DEC 2 3 2009 3 3 61 4 0000 5 - L0/2 DEVELOPf NT Proposed: 1O1 3 0'1 1 Z. + 3 3S 1 K 000 05 - D - OFF-16E E B. ZONING DESIGNATION: Existing: I Oa 304 90 7Z - A/l 1 L (L 3357 11 000a 5- L OR Proposed: 102.30` -( `?072. + 3351'-{00005 - 0 - OFFt�i✓ C. LAND USE(S): Existing: VAGk-NT - !OZ 30 L-{ 901Z S'Pu E PA-Am L't KES- ?351y06005 Proposed: 0FF1G-6 Fog $oT?+ soZ3o .3072. i- 3351 4(0°005 (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. I ff� OciuikP -A !+ HSU- PAR A( f3oKPEikS THE w55/ AND NoRT44 P2oPER -TY E DbE AND IS GvAR.ENTLY MIC /L .. THE P(OPER.T}' TO TH-E .M4S7' A/`t I SocT14 C,kaR.oS T++E OvtvAnn($M R.t vER5 IS L.) R RES i iDE,lrIAL. MNPIzox 1 M Ak T E L Y WOO- - To r E E T Two sMALL AREA5 ARE 'z °NEt Rex-- ARD MDR. E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 9•104 206.287.0136 tel 206.233.9742 fax WNW.cobbarcfi:com PROPOSED COMPREHENSIVE PLAN ADMENDMENT .SUMMA niy,•y ;T, .;, (parcels 1023049072, 3351400005, 1023049063) .:v The proposed rezone and plan amendment involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden III LLC, currently owns three parcels bordering the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MIC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land . along the Duwamish River to the east and west. Parcel C is located at the southeast corner of Duwamish. Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden III Ilc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal, the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional .offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden III would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, if the proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. In lieu of the MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential. neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287.0136 tel 206.233.9742 fax www.cobbarch.com We firmly believe that both the City of Tukwila and the Owner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletcher, has reviewed our proposal and has provided a response letter supporting the proposed rezone. A. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.050) Demonstrate how each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for the proposed change? In recent years Tukwila has acquired and developed Duwamish Hill Park, originally designated MIC /L land. Although the land is still zoned MIC /L the development of the public park has had a significant impact on privately owned Parcel A, B and C. The creation of Duwamish Hill Park separates Parcel C and B from the remaining MIC /L zone essentially making a small island of MIC /L zoning surrounded by Park and Residential land. Creating a small island of MIC /L zoning within Park and residential zoning clearly is not in line with the Comprehensive plan (see response to "An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect" below). The proposed rezone would improve the zoning conflict created by the newly developed Duwamish Hill Park. Why is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The proposed change improves an awkward zoning adjacency created by Duwamish Hill Park. The City's land acquisition of Parcel B is the best possible means of meeting the public needs associated with the park, trail and Shoreline planning. While acquiring parcels A and C may also be in the City's best interest, Wooden III Ilc views this as a strong development opportunity. Nonetheless they would be open to this discussion as well. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? In all cases the proposed rezone is a net gain for the community and landowner. -A potentially harmful use adjacent to a Park and residential neighborhood will be eliminated. -A combined development site zoned (0) Office will provide employment opportunities for the community without the harmful industrial use possible with the existing MIC /L designation. E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287.0136 tel 206.233.9742 fax www.cobbarch.com -The City will acquire a piece of Duwamish waterfront property that would allow for future Shoreline development plans and trail projects. See attached "Existing and Planned Pedestrian and Bike Facilities" -The City's acquisition of Parcel B would eliminate possible industrial development along the water way adjacent to the City Park. B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) A detailed statement of what is proposed and why; A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; The proposed rezone would eliminate a potential harmful use adjacent to an established residential neighborhood and newly developed Public Park. With the creation of Duwamish Hill Park Parcel .0 and A became an island of MIC /L separated from the larger MIC zone. The proposed rezone to Office zoning would eliminate potential harmful uses on the site that may create excessive noise and traffic adjacent to the park and residential zone. Similar to the MIC /L zoning the proposed (0) Office would provide opportunities for employment but in a situation much more suited for a park and residential neighborhood. Both the Park and adjacent residential neighborhood would benefit from the proposed rezone. The City's acquisition of Parcel B would also create a continuous section of City owned shoreline that would directly benefit the adjacent Duwamish Hill Park, LDR neighborhood and general public. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) The proposed rezone is clearly in line with a major goal of the Comprehensive Plan, "To improve and sustain residential neighborhood quality and livability." The adjacent City Park is responsible for creating two privately owned island of MIC /L zoning adjacent to park and residential propoerty (parcels C and B). By rezoning the property from MIC /L to Office all . potentially harmful industrial uses will be eliminated. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. The existing MIC /L would allow for manufacturing and similar uses that produce a large amount of noise in conflict with TCP Goal 7.2 Noise Abatement, 7.2.2 Discourage nose levels which are incompatible with current or planned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287.0136 tel 206.233.9742 fax www.cobbarch.com Rezoning MIC /L to (0) Office would clearly eliminate many potentially disruptive activities and businesses adjacent to the residential zone and Public Park. The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel B. Parcel B is currently zone MIC /L and could allow for commercial access to the Duwamish River. Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border of the MIC along with the Public Recreation overlay at Duwamish Hill Park. A close examination of the map shows the abnormal zoning condition created by Duwamish Hill Park at Parcel C and B. Parcel C and B are isolated from the remaining MIC zone and no longer serve or benefit the surround zoning. The existing MIC /L zoning for Lot C is inconsistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: This district implements the Manufacturing Industrial Center /Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. Parcel C is currently a small island of MIC /L zoning surrounded by residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive light manufacturing and industrial uses" Tukwila's City Zoning Map currently has multiple conditions where Office zones directly border LDR zoning. However, MIC /L zones rarely border LDR zones because of the obvious conflicts. Our proposal removes these adjacencies. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; The proposed rezone falls in line with the goals of the Washington State Growth Management act: RCW 36.70A.020 Development on Parcel A and C would provide additional services and employment opportunities. E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287.0136 tei 206.233.9742 fax www.cobbarch.com (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. A planned office development would provide services and employment opportunities for the adjacent residential neighborhood. (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. An industrial use adjacent to a public park and shoreline environment is an "incompatible use" (8) Natural resource industries. Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses. Eliminating MIC /L zoning would ensure potentially harmful uses would no longer be possible on Parcel C and B. The City's acquisition of Parcel B would protect the shoreline environment and allow for potential shoreline restoration work. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. RCW 36.70A.070 Comprehensive plans — Mandatory elements (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed -use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population. The proposed office development would provide employment opportunities to the community while the land redistribution would directly serve the adjacent community. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; Eliminating MIC /L zoning on Parcel C and B will help protect the environment. Providing a development opportunity for an Office use will also serve the economic growth of the region. ED -10 Jurisdictions shall adopt economic development and other policies which will recognize and help protect the environment as a key economic value in the region. Local policies shall seek to achieve an appropriate balance between the needs for economic growth and the need for protecting the environment. Local governments are encouraged to look for ways to work cooperatively with businesses to help them comply with environmental regulations and to develop policies that result in environmental protection through regulatory processes that are understandable and efficient. The existing zoning for Parcel C and B is in conflict with the Countywide plan allowing for industrial land to be in direct contact with a non - supporting or incompatible use. E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287.0136 tel 206.233.9742 fax www.cobbarch.com ED -1 5 Local comprehensive plans should include policies which foster a climate supportive of the siting needs of industrial users and that recognize the important role they play in creating high -wage jobs. Local plans are encouraged to include policies designed to ensure that industrial use of industrial -zone land is not unduly encroached upon or limited by non - supporting or incompatible uses. Arguably Parcels C and B are not "sized for manufacturing /industrial uses now that Duwamish Hill Park isolates the parcels from the remainder of the MIC zone. 5. Manufacturing /Industrial Center Criteria LU -52 Each jurisdiction which contains a regional Manufacturing /Industrial Center shall adopt in its comprehensive plan a definition of the Center which specifies the exact geographic boundaries of the Center. Jurisdictions with Manufacturing /Industrial Centers shall have zoning and detailed plans in place to achieve the following goals by the year 2010. a. Preserve and encourage the aggregation of vacant or non - manufacturing /industrial land parcels sized for manufacturing /industrial uses; LU -58 Jurisdictions' comprehensive plans for regional Manufacturing /Industrial Parcels C and B have no buffers from the adjacent park and residential neighborhood Centers shall demonstrate compliance with the criteria. In order to promote manufacturing/ industrial growth, the Manufacturing /Industrial Center plan for each jurisdiction shall establish strategies: c. To provide buffers around the Center to reduce conflicts with adjacent land uses; A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; The proposed rezone would not increase utility needs relative to the existing MIC /L zoning. The City's Shoreline plan would benefit from the acquisition of Parcel B. Proposed Shoreline restoration and trail projects would be feasible with a continuous City owned shoreline. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; No capitol improvements will be necessary for the proposed rezone. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. Zoning Code map Amendment to reflect the proposed (0) Office zoning on Parcel A and C. E. Cobb Architects Inc. 911 Wes venue #318 Seattle, WA 98104 206.287.0136 tel PROPOSED REZONE SUMMARY: 203.9742 fax www.cobbarch.com t. 203 (parcels 1023049072, 3351400005, 1023049063) co!?i mu[�il'�' 1CDEVELOPdll Efr The proposed rezone involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden III LLC, currently owns three parcels near the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MIC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Parcel. C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden III Ilc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal, the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden III would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, if the proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. In lieu of the MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. E. Cobb Architects Inc. 911 Wes "venue #318 Seattle, WA 98104 206.287.0136 tel 203.9742 fax www.cobbarch.com We firmly believe that both the City of Tukwila and the Owner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletcher, has reviewed our proposal and has provided a response letter supporting the proposed rezone. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: 1. That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; The proposed rezone is aligned with a primary goal of the Comprehensive Plan: "To improve and sustain residential neighborhood quality and livability." By rezoning the property from MIC /L to Office many potential harmful uses will no longer be allowed adjacent to existing homes. In addition the donation of Parcel B will allow Tukwila to implement shoreline trails and restoration plans that would directly benefit the adjacent residential neighborhood. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. The existing MIC /L could create a significant noise conflict with the adjacent park and residential neighborhood. Rezoning to (0) Office would mitigate this potential noise disturbance. TCP Goal 7.2 Noise Abatement states, 7.2.2 Discourage nose levels which are incompatible with current or planned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. Rezoning MIC /L to (0) Office would eliminate many potentially disruptive activities and businesses adjacent to the residential zone. The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel B along the Duwamish River, Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline E. Cobb Architects Inc. 911 Wesi *venue #318 Seattle, WA 98104 206.287.0136 tel 213.9742 fax www.cobbarch.com 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border of the MIC along with the Public Recreation overlay. A close examination of the map shows the abnormal zoning condition created by Duwamish Hill Park. Parcel C is isolated from the remaining MIC zone and no longer serves or benefits the surround MIC zone. 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; The existing MIC /L zoning for Lot C is not consistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: This district implements the Manufacturing Industrial Center /Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. Parcel C is currently a small island of MIC /L zoning surrounded by residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive light manufacturing and industrial uses" The proposed (0) Office designation for parcel C and A will serve and support the residential neighborhood. Tukwila's City Zoning Map currently has multiple conditions where Office zones directly border LDR zone. However, MIC /L zones rarely border LDR zones because of the obvious conflicts. Our proposal removes these potential conflicts. 3. That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and The adjacent parcel 1023049057 (Park) was originally zoned MIC /L. Along with adjacent parcels this created a very large multi acre industrial area along the Duwamish River. Although the property has not been formally rezoned, parcel 1023049057 is now Duwamish Hill Park owned by the City of Tukwila. Converting parcel 1023049057 to Public Park isolated parcel C and B creating two islands of MIC /L zoning. The proposed rezone will eliminate the potential adverse impacts of MIC /L development at this juncture between the newly developed park and the adjacent residential neighborhood. 4. That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and E. Cobb Architects Inc. 911 Wes venue #318 Seattle, WA 98104 206.287.0136 tel 23.9742 fax www.cobbarch.com eneral welfare and will not adverse) affect the surroundin • neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) will be removed from the southeast corner of the Park. 2. In lieu of the MIC /L "island" parcel, two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. a. Tukwila's Walk and Roll program has developed a master plan to provide future sidewalks along Parcel C &A. Clearly the future sidewalks and pedestrian plan would be better served by an Office zoning compared to the purpose of the MIC /L zone which may include large trucks and delivery traffic. "MIC /L" — "It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries." 3. Tukwila would gain parcel B along the Duwamish for restoration and possible trail development. Tukwila's trail and shoreline restoration plans are currently interrupted by Wooden III IIc's "island" of private ownership along the Duwamish waterfront. a. Per Tukwila's Walk and Roll program a trail has already been proposed crossing Parcel B (see attached map from Tukwila's Walk and Roll program) b. The Duwamish Hill master plan originally designed by Jones and Jones Architects shows a potential shoreline restoration and beach access along S. 115th St that would include Parcel B The proposed rezone will eliminate adverse industrial impacts to the Park and adjacent residential zone while expanding the public lands that will be critical in future public development projects. EXISTING ZONING MAP WITHIN 1000' OF PROPOSED REZONE WOODEN 111 LLC REZONE PARCEL 1023049072 AND 3351400005 RESTORED WETLAND INTERPRETIVE MARKER, TYP. VEGETATIVE BUFFER AND SCULPTED LANDFORMS NEIGHBORHOOD TRAILHEAD ADA HILLCLIMB UPPER VIEWPOINT MIDDLE VIEWPOINT AND GATHERING PLACE BIORETENTION SWALE STREETSIDE PARKING RESTROOM AND CONSTRUCTED WETLAND TREATMENT SYSTEM WELCOME PLAZA AND BUS DROP -OFF RESTORED SHORELINE AND BEACH ACCESS REROUTED S. 115TH ST. SCALE: 1"= 120' -0" ?A1!SH RIVER 11 1N3WdO13N3O ALINf1WWOO 600Z z 330 a2.1\130"38 Sidewalks, Trails, & Streets Surrounding Schools quarter mile school buffer half mile school buffer Existing and Planned Pedestrian and Bike Facilities nderson St Legend sidewalks planned sidewalks from CIP existing trails -• planned trails existing bike lanes — — — bike routes in other cities parks Qpotential annexation tukwila city limits "ng Access fli$ijil► S 160 St n.erB d �. J Sea -Tao Airport S 168 St GIS lukwIIO 01/2008 1 - Activity Centers * city hall community/activity center N major employer © library © museum ® post office public school 15 transit center 200 St Potential Annexatio Area I.Ist S 196 St 03 06 09 MILES 12 Page 1 of Wooden LLC L09-064 and L09-065 11111111111111111 133 ft CityGIS Copyright (02006 All Rights Resefved 1 he information contained herein is the progietary property of the contributor supplied under licence and may not be approved except as licensed by Digital Map Products hup://maps.digitalmapeentral.com/production/CityGIS/v07 01 062/index62H-aml 04/22/2010 RESTORED WETLAND INTERPRETIVE MARKER, TYP. VEGETATIVE BUFFER AND SCULPTED LANDFORMS NEIGHBORHOOD TRAILHEAD ADA HILLCLIMB UPPER VIEWPOINT MIDDLE VIEWPOINT , AND GATHERING PLACE i BIORETENTION SWALE STREETSIDE PARKING RESTROOM AND CONSTRUCTED WETLAND TREATMENT SYSTEM WELCOME PLAZA AND BUS DROP -OFF RESTORED SHORELINE AND BEACH ACCESS REROUTED S. 115TH ST. SCALE: 1"= 120' -0" 11