HomeMy WebLinkAboutOrd 2552 - Rezone Flower Power Site at 13407 48th Avenue South to Commercial/Light Industrial (C/LI)of Tukwila
ashington
Ordinance No.
AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF
TUKIIVILA, WASHINGTON, REZONING CERTAIN REAL
PROPERTY LOCATED AT 13407 48TH AVENUE S.,;
TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR ) TO
COMMERCIAL/LIGHT INDUSTRIAL (C/Ll); 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 these
documents may be reviewed and updated as appropriate, and
WHEREAS, as part of the City's 2016-2017 Comprehensive Plan docket of
potential amendments, the City received an appliation'for consideration of a change to
the Comprehensive Land Use and Zoning Maps for the Flower Power project; and
HEREAS, on July 17, 2017, City staff held the required public meeting regarding
the proposed change to the Zoning Map (Exhibit A) for the surrounding property owners
and tenants; and
WHEREAS, at the public meeting an adjacent resident'' expressed concern about
truck and commercial traffic on 48th Avenue S. that would be associated with the
proposed change, and
WHEREAS, the City of Tukwila has complied with the requirements of the State
Environmental Policy Act by making a determination on September 14, 2017 that no
significant environmental impact would occur as a result of the Zoning Map change, and
WHEREAS, notices of the public hearing were timely published in The Seattle
Times, posted on site, and mailed to surrounding properties; and
HEREAS, on September 25, 2017, the City Council held a public hearing and,
after receiving and studying staff analysis and comments from the public, ' has
recommended approval of the rezone application, and has made and entered Findings
and Conclusions thereon in support of that recommendation; and
ore Process ng\ r inancds\Rez n appy
WHEREAS, after due consideration, the City Council concurs with the Findings and
Conclusions and has determined the public interest will be served by approving the
rezone application, which is in compliance with the City of Tukwila Comprehensive
Plan's Land Use Map;
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
Findings and Conclusions, attached hereto as Exhibit B and incorporated by this
reference as if fully set forth herein.
Section 2. Rezone Approved Subject to Condition. The property located at
13407 48th Avenue S., Tukwila, Washington, King County tax parcel #2813200028, as
legally described and shown in the attached Exhibit C, is hereby approved to be
rezoned from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI)
subject to the condition that addressing and access to commercial light industrial uses
shall be limited to S. 134th Place, Within 30 days of passage of this ordinance, the
applicant shall record against the subject property a covenant or other document
approved by the City requiring compliance with the stated condition, Failure to record
such a covenant or other approved document and/or failure to comply with the condition
shall cause the change to the Zoning Map to be null and void, and the subject property
shall revert to the zoning immediately preceding passage of this ordinance.
Section 3. Map Amendment Authorized. The Department of Community
Development Director, or his designee, is hereby authorized to amend the City's official
Zoning Map to show the zoning change authorized in Section 2.
Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 6. 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. 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,
W. Word ProcessingkOrdinances\Rezone approvat-Flower Power 9-27-17
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PASSEL} BY THE CITY CNCI
a Regular Meeting thereof this
OF THE CITY OF TIJKVVIL
ASHINGTCN, at
2017.
A EST/AUTHENTICATED:
Christy 0"FI."` erty, C, City Cie Allan Ekberg, ayor
APPROVED AS TO FORM BY:
Rachel B, Turpin, City Attorney
Exhibit A — Zoning Map
Exhibit 8 Findings and Conclusions Staff Report
Exhibit C - Legal description and Site Map
File with the City ,1
Passe by the City Council:
Published:
Effective Date:
Ordinance Number;
J° Word Processing \Ordinanres\Rezonapproval-FlowPo er -27 17
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Exhibit A
Comprehensive Plan and Zoning Maps
Hyo er Power Site c ficap
Findings and ConciusiorisCh
rige
Exhibit
Background
This application is part of the 2 2017 annual docket for arrtendment of the Comprehensive Plan. The°
purpose fan annual docket is to ensure that changes to th Comprehensive Plan are only considered
once a year and that they are considered concurrently su the cumulative impact of the proposals can be
determined.
The applicant is seeking changes in the Comprehensive Plan and Zoning maps for a , 0 s uare foot
lot located at 13407 48th Ave. S., Tukwila, Washington, Ding County tax parcel no. 13 20-0028 {the
"Sit F" front Lova Density Residential {LORI to Commercial Light Industrial (/iFl) for the following
easans
. As the resident of the home loco ed on the Site, he thinks that the noise from the LINK trains is
unacceptable in a residential setting,
2. As the property owner of the 2, he has had much flooding from the Southgate
strearri that travels along the south and east s'des of the Site and along the edge o the existing
horrre, A 2003 project to install a high flow by-pass upstream of the site dons not alleviate all
flooding, which continues during rain storms.'
He owns and operates a business grorraing bean sproutsA which he sells commercially and that is
being displaced by a King County levee prefect in Kent, He would like to relocate his operation to
this Site where he currently lives. C/fI toning oh the Site would allow the hydroponic growing of
the bean sprouts and their assembly and distribution
This non -project proposal is a r ani -judicial change to the laird use designation on the Thicken a:
Comprehensive Plan and Zoning maps. If the zoning is changed, any CAI use would be permits d subject
to all City regulations; however, the applicant has stated his intent to construct a new commerciali ht
industrial building for his hydroponic bean sprout business. The appncant submitted an existing site plan
and a proposed site plan as an example of his intent.
CO PR W ENSIVE PLAN AND ZONINGMAP CHANGE' RITE !
The proposed arrrendment to he [Comprehensive Plan dj zoning an is consistent r ith the
goals., objectives, and policies of the Comprehensive Plan.
Comprehensive Plan policies discuss having identifiable boundaries for residential districts. Access and
orlentatiort o lots has an impart on the quality of the residential environment. Most single®family home
owners prefer to see the same use across the street fron°r them as evidenced by City policy of
identifiable neighborhood boundanes'fA' The Site's existing orientation is to 5. 134th Place, which is a
cornrrrercial local access street, ratherthan to 48th Avenue ., which is a residential local access street.
The existing structure, a home, sits at n elevation that is approxi ely 10 feet below 48th Avenue 5.,
which would make access via 48th Avenue more difficult, expensive, and potentially more impactful to
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Exhibi
Southgate stream than access via 134th Place. Thus, because acress via . 134th Place is preferred,.
including this Site in the %t.0 district could be a logical boundary.
in addition, the Comprehensive Plan's natural environment policies would support the redevelopme
of the Site and the restoration of the buffer for the Southgate stream. A C 'LI designation would
potentially encourage the redevelopment ofthe bite.
The FlowerPower application for a reap change is supported by the following ComprehensiveP
policies;
The Residentia N Neighborhoods lem nt goal:
A land use pattern that encourages a strong ense of co .unity by grouping corrrpotitrl
and muted /lyf supportive uses and separating incora°ipotible uses. (Gras/ 1 /
of that Element then speak about recognizable boundaries
The policies
l
rt in o conprehens/ve land use map that supports the preset a orad
enrliar ce erat of s/n le 'anally ands le .multi arxr ly neighborhoods, el/rnlrrotes
incompatible land uses, and clearly e tob/ishes applicable develop,raaerrt rega icer eats
through recognizable borradarles. (Policy 7. .
The C,ILI zoned lot sling the Siteas north edge, 4625 S. 134th Place, is irr p roved with an older house, but
the lot Is being used for parking for Holaday Park, which is the business located across , 134th Place
street an in a CPI dist lct,i blurring the boundaries for these distinct zoning districts;
The Naturi Environment Element has the fol ing goal;
Watercourses and their buffer t,.. are prat roar encroachment and degradatio
and frnproved thrcr rc h radtigatlon, enhancement, and restoration pro ec s. (Goal 4,6)
Itis difficuit to see the deveiopment on the Site because the vegetation coaxers the site arid st ea
however, the existing structure was constructed over 70 decades ago in the stream buffer prior l
enactment of the City's env ironmental 're ulations. An existingsite plan is attached as Exhibit l
A relevant Economic Development Element ppb
y
Promote and preserve econorrric use of lrrda trla/ lands outside the MIC through
opproprirr e buffering re alrer encs and use restnrtiions. (Eno le Development Po/lc°y
2.1.1
The applicant also lists an Economic l evel°patent PO icy, which is` contained on Attachp ent A related to
promoting and supporting business fort ration, expansion and the importance a the City's
entrepreneurs and small businesses in creating jobs.
The applicant references several policies in thy. Community'Image and Identity Element related to 1€ cal
food production, which are listed in his prepared crrnents for the required Type 5 public meeting. See
Attachment A in the Staff Report.
Page 2 of 4
Exhibit
2) The proposed amendment to f he Zoning Map is consistent with the scope and purpose of this
title (the Zoning Code) and the description and purpose of'the zoite classification applied for.
The purpose of thom ercial/Light Industrial { designation and zone are, ito provide for areas
characterized by a mix of carnrercial, office, dr light industrial uses. The standards are intended to
promote viable and attractive c a rn r ial and industrial ar as." (TMC 18.30_0 0)
The Site is similar in charact rte the adjacent C7LI properties to the north in that `rt has'frontag ong S.
134th Place, has Southgate s m along its street tri mage, has frequent truck traffic along it's frontage,'
and is similar in topography arid Int e.
The applicant discusses developmg a crrnrneria[/Iigrt industrial business that would be consistent v rith'
the proposed Zone and the Site contains the characteristics,of siriiar /Ll properties. The proposed C7LI
zoning would allow the applicant to relocate his existing business, which i a hydroponic bean sprnut
grow operation, to the City of Tukwilahe City of Kent. His business is currently housed in a
warehouse in Kent that is being displaced due to a Green River Levee prof ct.
The CJLI zone allows commerci l greenhouses with no size limit whereas in I l it; greenhouses are
allowed up to 1,000 square feet j
In contrast, the purpose of the Low Density Residential (L R) district i $'., to provide Io density faint
residential areas together witha full range of urban infrastructure services in order to maintain stable
residential neighborhoods, and to prevent in ions by incompatible land uses.' (TeedC 1
E ct for the Site, the zoning designation o alI properties fronting along S. 134th Place are CiriI.
The Site Isrectangular with the narrow portion of the lot is along 48th Avenue and the long side of the
lot is along 134th Place. heuriin bode stipulates that lot frontage shall be "co cider d the narrowest
part of the lot that abuts a street. Because the Site is a corner lot and because there is a significant
grade difference between 48th Avenue 5. and the Site, access to the Site and overall orientation of the
property is currently from .13th Place.
There are changed conditions since the previous zoning became effective to warrant the
proposed amendment to the Zoning [and Comprehensive Pians ap.
In 2007, a Type 2 Special Perini cion fora buffer reduction was granted to the property own of 4501 S.
134th Place.
ound Transit acquired and in 2009 consolidated . , re iderit!ally zoned parcels across 4 th Avenue 5.
and diagonally across the street the Site.
There was a Comprehensive Plan and Zoning map change in 2010 when 4300 5. 133rd S. was rezoned'
fiord /LI t Medium Density Residential. Southgate Stream traverses this site and is lo ted two blocks
northwest o the Site. There have been no other zoning changes iii this area since 1995, when the
current zoning was instituted.
New homes and short platting are occurring to the south and vest of the Site in the LDR district,
y
The initial zoning districts created and mapped for this area were not based upon an Ire -depth analysis of
sitar specific conditions. Greater scrutiny of the site and neighborhood characterlstia:s indicate that
crying the C/LI boundary to 48th Avenue S., with conditions, meets the purpose of the CitI zone,
4) The proposed amendr°n nt to the {Comprehensive Pleaand) Zoningl' l p will be in the interest;
of furtherance of the public health et y comfort convenience, and general welfare, end will not
adversely affect the surrounding neighborhoods, nor be injurious to other properties n the vicinity`in
which the subject property is located.:
The request would extend the boundary Brae for the COLI district t 48th Avenue's. A ca r rparison of
standards between the LDR and Citi zones shows that the standards are larger fi r uses in the Ll than'
for inRle f rrrily homes in LDR, Also, the standards for building in /LP increase when the site is lthin
feet of L R, which would be the case for the west property line of the Site. Standards in the C/L1
are in place to minimize impact and any nuisance to adjacent residential prop es No on-site
hazardous substance processing; handing, or storage; is allowed unless clearly mode l to the
permitted use and is subject to state siting criteria. Performance standards are in effer t ira the CitI for
air quality, noise and SEPA compliance and envircarrrriental regulations for restoring and protecting
envirrarrrrrerltally sensitive resources.
The proposed change weld set a raaore logical boundary and not negatively imp ct the re idential
environment of 48th Avenue S. if access i lim iced tai S. 4th place. Compliance with tae applicable
/Ll rad nonconforrramrag standards will ensure the proposed use of the Site will not adversely affect or
injure other pro perties in the vicinity.
zone
Flower Power Legal ption and
rnprehensive Plan and Zoning Map change
P1 1 -006
Tract 1 Fos t r a arden Tracts Vn gpg.
Tax Record:
art or NE, Sect n 1 , T v+ nship 2 , Range 4 (NE -1.3-2 -4
parcel 261320-0028, Foci
rd ri TRS NELY 110 FT
City of Tukwila Public Notice of Ord lriance Adoption for r i ance 2551-2552.
On October 2, 2017 the City Council o he City of Tukwila, VVashington, adopted the
following ordinance, the main points of which are sum ri d by title as follows,
Ordinance 2551: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TU I WASHINGTON, AMENDING THE COMPREHENSIVE PLAN AS PART OF
ITS ANNUAL DOCKET FOR 2016-2017 BY UPDATING THE TRNSP F T TI
ELEMENT T N BY MODIFYING THE'COMPREHENSIVE LAND USEMAP;
PROVIDING FOR SEVERABILITY; ND ESTABLISHING N EFFECTIVE DATE,
Ordinance ORDINANCE THE CITY COUNCIL OF THE CITY OF
TIS ILA, WASHINGTON, REZONING E T I I REAL PROPERTY LOCATED AT
13407 48TH AVENUE S., TUKVVILA, FROM LOW DISI E I ENTI L (LDR) TO
COMMERCIAL/LIGHT INDUSTRIAL /LI ` PROVIDING FOR SEVERABILITY; AN
ESTABLISHING AN EFFECTIVE DATE.
The full tett f this ordinancewillbe provided upon request.
Christy &Flaherty,
Pub
I , City Clerk
lisped Seattle Times October 5, 2017