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Home My WebLink AboutReg 2011-07-18 Item 7E.4 - Ordinance - Amend Zoning Map for 10200 East Marginal Way South (Sabey/Community Bank) COUNCIL AGENDA SYNOPSIS y Initials ITEM NO. x Meeting Date Prepared by MayBr�viesa Coutr revieaY t I 07/11/11 I RF 07/18/11 I RF I I I I I ITEM INFORMATION CAS NUMBER: 11 STAFF SPONSOR: REBECCA Fox IORIGINALAGFNDADATE: 7/11/11 AGI?NDA IT TITLE Comprehensive Plan Amendments for 2011 Public Hearing CATFIGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other [bltg Date 07111111 Mtg Date Mtg Date Mtg Date 07118111 Mtg Date Mt Date 7/11111 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Pir/ SPONSOR'S Tukwila considers amending its Comprehensive Plan /Zoning map once per year, with a SUMMARY review process involving the City Council and Planning Commission. A public hearing will be held on two map changes that have been reviewed and recommended by the Planning Commission. Following the hearing, the City Council will be asked to discuss and take action to approve, modify or reject the recommendations. This is a quasi judicial matter, which is why it did not come before the Community Affairs and Parks Committee. R1?vIEW11) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE N/A COSTIMPACT'/ FUND SOURCE EYPI,;NDITURI3 R)QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD.OF:;COUNCIL�ACTION 07/11/11 Forwa to next Rea_ular Meeting MTG. DATE -..'ATTACHMENTS,-; 07/11/11 Informational Memorandum dated 7/5/11 Attachments A, B Maps Attachments C, D Planning Commission Minutes Attachment E Excerpt from MIC Issues and Opportunities Report Attachments F, G Draft Ordinances for Duwamish Hill Preserve Attachment H Planning Commission Staff Report Attachments I, 7 Draft Ordinances for Sabey /Community Bank 07/18/11 4 Ordinances in final form, with attachments 31 32 •fib C Washing ®n Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING MAP FOR CERTAIN REAL PROPERTY LOCATED AT 10200 E. MARGINAL WAY SOUTH, TUKWILA, WASHINGTON, FROM MANUFACTURING INDUSTRIAL CENTER /HEAVY (MIC /H) TO LIGHT INDUSTRIAL (LI); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long -term community goals, and since these documents may be reviewed and updated as appropriate; and WHEREAS, on March 21, 2011, the Tukwila City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map and Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on April 28, 2011 the Zoning Map change was determined to have no significant environmental impact; and WHEREAS, on June 23, 2011, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of a change to the Zoning 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, light industrial and commercial land uses and development are appropriate activities immediately adjacent to the Manufacturing Industrial Center and King County International Airport; and WHEREAS, light industrial and commercial development will benefit Tukwila's long- term economy; and WHEREAS, on July 11, 2011, the City Council received testimony at a public hearing; and W: Word Processing \Ordinances \Sabey Community Bank Zoning Map amended 6 -27 -11 RF:bjs Page 1 of 2 49 WHEREAS, after due consideration, the City Council concurs with the Planning Commission recommendation and 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 Zoning 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 10200 East Marginal Way South, Tukwila, Washington (Tax Parcel 042304 9184), and as described in Exhibit 2, is hereby approved to be re- designated from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI) as shown on Exhibit 3. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Zoning 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 day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachments: Exhibit 1 Planning Commission Findings and Conclusions Exhibit 2 Legal Description Exhibit 3 Zoning Map W: Word Processing \Ordinances \Sabey Community Bank Zoning Map amended 6 -27 -11 50 RF:bjs Page 2 of 2 Exhibit 1 FINDINGS AND CONCLUSIONS File L11 -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), redeveloping and reinvigorating the industrial uses along E. Marginal Way is one of Tukwila's key priorities, as is the continued enhancement of the community's economic well- being. The proposed rezone request from MIC /H to LI allows a broad range of uses, including light industrial and commercial, to support a varied and healthy economy for Tukwila. It is consistent with this priority and accompanying goals and policies. 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 18.3 2.010 Purpose, the Light Industrial District is "...intended to provide areas characterized by distributive and light manufacturing uses, with supportive commercial and office uses. The proposed rezone from Manufacturing Industrial Center -Light (MIC /L) to Light Industrial (LI) would fulfill this purpose by retaining the potential for distributive and light manufacturing uses, while allowing a range of commercial and office uses to be built. The LI zone designation is also most consistent with Seattle's Industrial Commercial (IC) zoning on adjacent property. Consistency between Tukwila and Seattle zoning will facilitate future development. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Since 2007, approximately 62 acres immediately adjacent to the subject property, including 32 acres in Tukwila, was rezoned from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI) to accommodate planned future mixed -use commercial redevelopment. As discussed, the applicant had wanted to include the subject property in the original 2007 rezone, but did not own the parcel at that time. Having purchased the property, the applicant is proceeding with the Comprehensive Plan and zoning map changes so that the entire project has the same zoning. This will enable the owner to prepare for eventual large scale development that includes the subject property. By approving the 2007 rezone, the City Council indicated that the LI designation was appropriate for the general location. Rf 1 07/06/2011 Z: \DCD n Clerk's \Rebecca \Completed ordinances \Sabey Zoning Exhibit l.docx 51 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 The rezone should balance between industrial and commercial land use and zoning without jeopardizing current and future development in the Manufacturing /Industrial Center or the Tukwila Urban Center. The rezone to LI allows a somewhat broader range of uses than the existing MIC /H. Future redevelopment can contribute to the vitality of the community through increased opportunities for employment, recreation, and shopping, and increased revenue to the City of Tukwila. The rezone makes it easier for the property to be included in a future large scale redevelopment project. As part of a larger project, it would be likely to have additional review and public input. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, airport (KCIA and FAA) requirements, and impacts on abutting property. CONCLUSIONS 1) Consistencv with Comprehensive Plan: The rezone is consistent with the Comprehensive Plan policies to support industrial redevelopment and ensure economic vitality. 2) Consistencv with Zone: The Light Industrial retains potential for light industrial use, allows a range of commercial and office activity. It is compatible with zoning for the remainder of the proposed redevelopment area, and is compatible with adjacent Seattle zoning. 3) Chanted conditions: Changed conditions including the 2007 rezone of 32 acres in Tukwila to Light Industrial (LI) and the 2009 rezone of 30 acres in Seattle to IG, and the purchase of the property by the Sabey Company for inclusion with the large -scale future redevelopment with the warrant a rezone from Manufacturing /Industrial Center Heavy (MIC -H) to Light Industrial (LI). 4) Benefit to communitv: The LI zoning has many features of the MIC /H zone, but allows a broader range of uses, and increases the likelihood that the property will be part of a larger redevelopment project anticipated for the adjoining Unified Grocers properties. rezone shall take into account the requirements of developing property adjacent to King County International Airport, including building height, noise impacts and landscaping. Rf 2 07/06/2011 Z: \DCD n Clerk's \Rebecca \Completed ordinances Sabey Zoning Exhibit l.docx 52 Exhibit 2 Legal Description PORTION OF GOV LOT 8 TGW PORTION OF TIMOTHY GROW D C NO 44 IN NE 1/4 OF SECTION 04 -23 -04 BEGIN INTERSECTION OF S LINE OF TIMOTHY GROW DONATION CLAIM WITH E LINE OF GOV LOT 8 TH S 00 -23 -12 W 137.23 FT TH N 89 -58 -12 W TO A POINT BEARING S 89 -58 -12 E 168 FT FROM ELY MARGIN OF E MARGINAL WAY SOUTH AND POB TH N 23 -39 -16 W 181.29 FT TH N 89 -50 -45 W 168 FT TO SAID ELY MARGIN TH S 23 -39 -16 E ALONG SAID ELY MARGIN TO A POINT BEARING N 89 -58 -12 W FROM POB TH S 89 -58 -12 E 168 FT TO POINT OF BEGINNING W: Word Processing \Ordinances \Sabey Community Bank Zoning Map Exhibit Z RF:bjs Page 1 of 1 53 Exhibit 3 TU ILA SEATTLE MIC/H tj P ry MIC/H t® U MIC/H U I City of Tukwila Comp Plan Amendment L11 -001 Rezone LII-002 Project File PL11-001 Subject Property 1 10 Zoning =Tukwila City Limits U 1"=200' 54