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HomeMy WebLinkAboutPermit PL10-001 - BECKER BARRY / MACADAM LLC - COMPREHENSIVE PLAN AMENDMENT AND REZONEB ECKE R/MACADAM REZONE & COMPREHENSIVE PLAN AMENDMENTS COMPREHENSIVE LAND USE DEVELOPMENT PLI 0-001 L10-002, E • • September 29, 2010 NOTICE OF DECISION TO: Barry Becker, Applicant & 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: L09-067, L10-002 Applicant: Barry Becker (Macadam LLC) Type of Permit Applied for: Comprehensive Plan amendment, Rezone Project Description: Location: Associated Files: Comprehensive Plan Designation/Zoning District: Amend Comprehensive Plan and Zoning Map designation from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) (Tax# 2613200131) 4300 S. 133rd St., Tukwila, WA E10-013 SEPA determination C/LI --Commercial Light Industrial (Former) MDR—Medium Density Residential (New designation) II. DECISION SEPA Determination: The City SEPA Responsible Official has previously: H:\COMP PLAN 2009-2010\Notice of Decision\MACADAM.LLC.--NOD Type 5 permitdoc Type 5 Permit Decision by City Council rf Page 1 of 2 09/28/2010 • • 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 Commercial Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, 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. Department of Communi evelopment City of Tukwila H:\COMP PLAN 2009-2010\Notice of Decision\MACADAM.LLC.--NOD Type 5 permit.doc Type 5 Permit Decision by City Council rf Page 2 of 2 09/28/2010 City of Tukwila • • Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Barry Becker 4446 S. 131st Pl. Tukwila, Wa 98168 September 29, 2010 Dear Mr. Becker: Enclosed are materials pertaining to the Comprehensive Plan amendment and rezone at your property located at 4300 S. 133m, Tukwila, WA. On September 21, 2010, the City Council approved your requested Comprehensive Plan amendment and rezone from C/LI to MDR. The rezone/Comprehensive Plan amendment were approved on the condition that all issues pertaining to the code violation on your property are resolved and the final inspection completed and signed off by the City by December 31, 2010. If you have not resolved all issues, and had the final inspection approved by 12/31/10, the rezone/Comprehensive Plan change will be voided, and the zoning will revert to C/LI automatically. The ordinances are attached, as well as the Notice of Decision, and a copy of the Notice of Decision for the Special Permission Director that lists the requirements that you must complete by 12/31/10. Please contact me at 206-431-3683 or rfox@ci.tukwila.wa.us if you have any questions. Rebecca Rebecca Fox Senior Planner 74-0><, Initials Page 1 of 3 H:\COMP PLAN 2009-2010Wotice of Decision\Becker--NOD letter 9.22.10.doc 09/28/2010 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 (07 • • City of Tukwila Washington Ordinance No. ' J 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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 approval of the application to amend the Comprehensive Land Use Map designation, and has made and entered Findings and Conclusions thereon in support of that recommendation; 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, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; 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 of the Planning Commission 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 Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. W.\ Word Processing\Ordinances\Comp Plan Amend Macadam - 1.doc RF:mrh 09/14/2010 Page 1 of 2 • • Section 2. Re -designation Approved. The property located at 4300 S. 133rd Street, including Tax Parcel #2613200131 and described in the attached -Exhibit 2, is- hereby approved to be re -designated from Commercial/Light Industrial (CL'I)` to Medium Density Residential (MDR) subject to the following: A. All requirements of the following contract rezone must be met including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09-014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event that the above condition is not met by the deadline above, the Residential designation shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. B. 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. 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 aO it day of ,SopTTni r , 2010. ATTEST/ AUTHENTICATED: e Christy 0' APPROVED M BY: Office of the City torn Ji Filed with the City Clerk:. -15- /0 Passed by the City Council: Published: Effective Date: -' /(7 Ordinance Number: .3)O Attachments: Exhibit 1- Findings and Conclusions, Planning Commission Staff Report (File #L09-067 & L10-003) Exhibit 2 - Legal Description Exhibit 3 - Comprehensive Plan Map W.\ Word Processing\ Ordinances\ Comp Plan Amend Macadam - 1.doc RF:mrh 09/14/2010 Page 2 of 2 • • EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File # L09-067 and L10-003) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320-0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single-family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. 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, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was 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 property is located on the comer of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132n1 Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the west of the property, crosses over S. 133rd via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single-family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C/LI property and the adjacent LDR lot are essentially an W:\ Word Processing\Ordinances\ 2310 Comp PIan Amend Macadam - 1.doc RF:mrh 09/14/2010 Page 1 of 6 "island" surrounded by roadway on all sides, and separated from both nearby commercial/light==� industrial and residential uses. The majority of the subject property contains environmentally -sensitive areas, including Southgate Creek, a Type 2 salmon -bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single-family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C/LI zone to the north, south and east. Topography separates the subject property from single-family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue 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? The proposed Comprehensive Plan change from C/LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi -family housing to be built. 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. The Comprehensive Plan states the following: Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi -family homes, including owner - occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi -family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. Housing Goal 3.1: Continue to provide the City's fair share of regional housing. W \Word Processing\Ordinances\2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09/14/2010 Page 2 of 6 1 • • MDR zoning would allow multi -family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single - and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi -family or single-family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. 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. This policy demonstrates the community's commitment to residential neighborhoods, including multi -family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial/light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial/Light Industrial on the east, and the Low Density Residential on the west. 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. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. 2) Impacts MDR would allow housing on the now -vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi -family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial/Light Industrial Zone. The proposed medium -density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial/light industrial designation, would bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single-family homes. W \ Word Processing\Ordinances\2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09/14/2010 Page 3 of 6 • • 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? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C/LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C/LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best, use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job -producing business on the site. 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 residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential", and to provide housing in a stable neighborhood. • The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. W \ Word Processing\Ordinances\2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09/14/2010 Page 4 of 6 Impacts? • New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. • Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 2) Meeting identified public need? Other options? • Designating new Medium Density Residential provides the option of additional housing for the area. • Housing could be provided by designating the property as Low Density Residential (LDR) • Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue-producing development. 3) Benefit to the community? • The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. • New development that enhances the site's environmental characteristics benefits the community. • The change to housing use, will remove the opportunity for a commercial/light industrial use. W \ Word Processing\Ordinances\2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09/14/2010 Page 5 of 6 • EXHIBIT 2 That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W \ Word Processing\Ordinances\2310 Comp Plan Amend Macadam - 1.doc RF:mrh 09/21/2010 Page 6 of 6 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) i%% .ries,,-: Zoning Lines LD EXHIBIT 3 ft N Macadam LLC r=400, • • SUMMARY OF Ordinance No. 2310 City of Tukwila, Washington On September 20, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2310, 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 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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. Christy O'Fla rty, C C, City C •r Published Seattle Times: September 23, 2010 • • City of Tukwila Washington Ordinance No. ) 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL/LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Code 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, Zoning Code and Map 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, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; 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, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application; 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 Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved subject to contract. The property located at 4300 S. 133rd Street, including Tax Parcel #2613200131 described in the attached Exhibit 2, and shown on the map as Exhibit 3, is hereby approved to be rezoned from W:\ Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 1 of 2 • • Commercial/Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following conditions, including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09-014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event 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. 3. In the event the rezone is voided, the Comprehensive Plan Medium Density Residential rezone shall revert to Commercial/Light Industrial 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 zoning map to show this change in zoning. Section 4. Severability. If arty 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 a C7J* day of sop f L.r+ 1Q , 2010. ATTEST/ AUTHENTICATED: Christy O'Fla lerk Attachments: Exhibit 1 - Exhibit 2 - Exhibit 3 - Ji erton, M Filed with the City Clerk: 1-1.5-/O Passed by the City Council: q ;V-in Published: q -a3-iD Effective Date: Ordinance Number: Findings and Conclusions, Planning Commission Staff Report (File #L10-002), July 22, 2010 Legal Description Zoning Code Map W:\Word Processing\ Ordinances \ Comp Plan Amend Macadam - Zdoc RF:mrh 09/14/2010 Page 2 of 2 EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File # L10-002) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to re -designate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320-0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single-family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill, and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. 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, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement are not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was 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 property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133r1 Street to the south. Macadam Road, to the west of the property, W:\Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 1 of 5 • • crosses over S. 133rd -vita bridge. The 1.72 -acre site is vacant except for a wooden garage that is associated with the single-family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C/LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial/light industrial and residential. uses. The majority of the subject property contains environmentally sensitive areas, including Southgate Creek, a Type 2 salmon -bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single-family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C/LI zone to the north, south and east. Topography separates the subject property from single-family homes that are immediately west of the property, and across Macadam Road/43r1 Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue South. 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), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: • Plan Objective #1—To improve and sustain residential neighborhood quality and livability; and • Goal 3.1 Continue to provide the City's fair share of regional housing; and • Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi -family households. 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 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ..."intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses... " W.\Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 2 of 5 • • Multi -family duplex, triplex, four-plex units, townhouses up to four attached units, or detached zero -lot -line units are permitted with heights up to 30 feet. One detached single-family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial/light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse, and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well suited to a carefully sited multi -family residential development, or Planned Residential Development (PRD). 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, allowing additional, denser multi -family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well- designed multi -family residential development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety, and comfort through good design. Site-specific development will be planned carefully to accommodate both site-specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. 2) Consistency with Zone: • The desired multi -family residential zoning permits a range of housing to be built, including duplex, tri-plex, four-plex, and townhouses. W:\Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 3 of 5 • • 3) Changed conditions: • Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: • New housing development is in the community interest. • Residential development that is sensitive to the site's environmental characteristics benefits the community. W:\Word Processing\ Ordinances\ Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 4 of 5 EXHIBIT 2 LEGAL DESCRIPTION That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W:\Word Processing\ Ordinances \ Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 5 of 5 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) CommerciaVLight Industrial (C/LI) to Medium Density Residential (MDR) • Zoning Lines EXHIBIT 3 Macadam LLC 1"=400' • • SUMMARY OF Ordinance No. 2311 City of Tukwila, Washington On September 20, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2311, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL/LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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. Christy O'Flaherty" CMC, City CI Published Seattle Times: . September 23, 2010 • • NOTICE OF DECISION To: Barry Becker, Applicant and Owner Washington State Department of Ecology This letter serves as a notice of decision, and is issued pursuant to TMC 18.104-170 on the following project and permit approval. Project File Number: Applicant: I. PROJECT INFORMATION L09-014 Barry Becker Type of Permit Applied for: Special Permission from the Director to reduce the required buffer width for a Type 2 Wetland and Type 2 Watercourse. Project Description: The applicant is proposing to remove illegal fill from a Type 2 wetland and watercourse buffer, restore and enhance a Type 2 wetland , restore and enhance a Type 2 wetland buffer, and restore and enhance a Type 2 watercourse buffer through removal of invasive species, plantings, mulching and addition of topsoil. The wetland and watercourse and their associated buffers occupy the eastern 75% of the subject property. Location: 4300 S. 133rd Street, Tukwila, WA 98168 (Parcel # 261320-0131) per King County Assessor (or 4446 S. 131St. Place, Tukwila, WA 98188) Associated Files: RFA 08-342—Code Violation; L10-002—Rezone; L09-067—Comprehensive Plan Amendment; PW 10-055 –Public Works (Applied for—Not yet issued as of 5/5/10) Comprehensive Plan Designation: Commercial/Light Industrial (C/LI) II. DECISION SEPA Determination: SEPA review is not required since the project is categorically exempt. Decision on Substantive Permit: The Community Development Director has determined that the application for Special Permission to reduce the buffer area of a Type 2 Wetland and Type 2 Stream complies with applicable City and state code requirements and has approved that application, subject to the following conditions: 1. Soil amendments. Prior to issuance of public works construction permit the Biologist shall provide a plan for the City's approval prior to planting, for soil amendments that may be needed for the buffer restoration. The plan shall include a description of how it will be determined that the amendments are necessary, the specifications for the amendments, and the volume. Amendments shall be tilled into underlying soils to a depth of at least 18 inches, except where tree roots would be harmed by tilling. 2. Grass mix. Prior to issuance of public works construction permitthe Biologist shall provide more detail about the native grasses to be planted in the potential future rain garden areas. Is this a seed mix or are plugs being proposed? Detail on species and seeding rate must be provided to the City for approval prior to planting. 3. Performance standard for shrub species: The performance standard for shrub species diversity shall be increased to 7 species. Rf 1 09/28/2010 H:\Becker--Sp.Perm.BFFr--L09-014\L09-014--Becker NOD.doc • • —:- __ As -built drawing: • An as -built drawing shall be provided to the City upon completion of planting and shall include locations of the transects for monitoring. Transects must include both wetland and buffer planting areas. Monitoring reporting shall be provided separately for buffer areas and wetland areas. If the Biologist prefers to propose separate performance standards for these areas, a proposal may be submitted to the City for approval. 5. Maintenance a. Prior to the acceptance of plantings, the applicant shall provide a more detailed maintenance plan indicating: 1) how the work will be done, 2) who will do it; 3) costs for implementation and 4) a detailed plan for watering during the dry season (frequency, amount, method). b. Maintenance shall include mowing of Reed Canarygrass until plants are well established. c. The "voluntary" planting for the wetland enhancement area shall be included in the maintenance and monitoring program since vegetation (blackberry) was previously removed from the wetland/stream buffer areas without an approved re -planting plan, 6. Inspection prior to planting_ The applicant or biologist shall request an inspection by contacting DCD 2 weeks prior to planting for inspection of the site preparation and the layout of plants. 7. Schedule: The applicant shall adhere to the schedule laid out in the Wetland and Buffer Mitigation Plan (April 2, 2010). a. Phase 1 (Removal of unauthorized fill) and Phase 2 (Amend soil in buffer areas as needed) shall occur prior to June 30, 2010. b. Phases 3 (Planting for wetland enhancement areas) and Phase 4 (Planting for wetland restoration area) shall occur prior to August 31, 2010. c. Phase 5 (Planting for buffer restoration area) shall occur prior to December 31, 2010. 8. Financial Assurance Mechanism: A financial assurance mechanism approved by the City, shall be provided by the applicant. The amount of the bond or cash assignment shall be 150% of the cost all maintenance and monitoring activity for five years subsequent to planting. The cost estimate for maintenance and monitoring shall be subject to approval by the city. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code § 18.104.010. Other land use applications related to this project may still be pending. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Planning Commission decision. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision, which is by April 7, 2008. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: Rf 2 09/28/2010 H:\Becker--Sp.Perm.BFFr--L09-014\L09-014--Becker NOD.doc • • 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf 3. A statement identifying the decision being appealed and the alleged errors in the decision. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Planning Commission based on the testimony and documentary evidence presented at the open record hearing. The Planning Commission decision on the appeal is the City's final decision. Any party wishing to challenge the Planning Commission decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal of the Planning Commission decision is properly filed in Superior Court within such time limit, the Decision on this permit will be fmal. 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 4:30 p.m. The project planner is Chris Beale, who may be contacted at 206-433-7141, 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. Department of Community Development City of Tukwila Rf 3 09/28/2010 H:\Becker--Sp.Perm.BFFr--L09-014\.09-014--Becker NOD.doc 0 City of Tukwila Department Of Community Deveopment AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl HEREBY DECLARE THAT: X Notice of Decision Project Name: Barry Becker (Macadam LLC) Determination of Non -Significance Project Number: L09-067, L10-002 Notice of Public Meeting --, Mailing requested by: Rebecca Fox ,% Mitigated Determination of Non - Significance Mailer's signature: % 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 30 day of _September in the year 2010 AGENCY DEPT ADDRESS CITY ST OLYMP WA DEPT OF ECOLOGY SEPA REVIEW PO BOX 47703 IA WA KC ASSESSOR'S 500 4th AVE, RM# SEATT OFFICE ACCOUNTING DIVISION 709A LE WA Barry Becker 4446 S 131 Place Project Name: Barry Becker (Macadam LLC) Project Number: L09-067, L10-002 --, Mailing requested by: Rebecca Fox ,% Mailer's signature: % ("-&("A__.(1 A W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC AGENCY LABELS ( ) US Corps of Engineers ( ) Federal HWY Admin ( ) Federal Transit Admin, Region 10 ( ) Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ( ) US Environmental Protection Agency (E.P.A.) ( )US Dept of HUD ( ) National Marine Fisheries Service Section 2 WASHINGTON STATE AGENCIES ( ) Office of Archaeology ( ) Transportation Department (WSDOT NW) ( ) Dept of Natural Resources ( ) Office of the Governor ( ) WA State Community Development ( ) WA Fisheries & Wildlife ( ) Dept of Social & Health Services \ ( ) Dept of Ecology NW Regional Office, Shoreland Division \v, Dept of Ecology, SEPA Ir Office of Attorney General ( ) Office of Hearing Examiner ( ) 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 Public Notice Mailings For Permits SEPA MAILINGS Mail to: (comment period starts on date of mailing) Dept. of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached list) *Any parties of record * send only the staff report, site plan and the SEPA Determination KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand Tribes — For any application on the Green/Duwamish River, send the checklist and a full set of plans with the Notice Of Application Send These Documents to DOE: SEPA Determination (3 -part from Sierra) Findings (staff report, usu. with MDNS) SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to owners and to property owners within 500 feet of subject property, comments are due 30 days after the notice of application is mailed/posted. The Notice of Application for Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the Notice of Application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or or& presentation made at the hearing. Notice is sent to Ecology's NW Regional Office Shorelands & Environmental Assistance Program. Shoreline Permit Notice of Decision: Mail to: (within 8 days of decision; 21 -day appeal period begins date received by DOE) Department of Ecology Shorelands Section, NW Regional Office State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). *Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: Permit Data Sheet Shoreline Substantial Development Permit (3 -part from Sierra) Findings (staff report or memo) Shoreline Permit Application Form (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) - Site plan, with mean high water mark & improvements — Cross-sections of site with structures & shoreline - Grading Plan — Vicinity map SEPA determination (3 -part from Sierra) Findings (staff report or memo) SEPA Checklist (filled out by applicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) P:Admin\Admin Forms\Agency Checklist City of Tukwila • • Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF DECISION 7/22/10 To: City of Tukwila Wooden II/Frank Firmani Macadam LLC/Barry Becker Karen Walter State Department of Ecology, SEPA Division King County Assessor PROJECT: 2010 Comprehensive Plan Amendments/Rezone FILE NUMBERS: E10-013 ASSOCIATED FILES: L10-064—Request Comprehensive Plan Map Amendment –Manufacturing Industrial Center/Light (MIC/L) and Low Density Residential (LDR) to Office (0) L10-065—Request Rezone from Manufacturing Industrial Center/Light (MIC/L) and Low Density Residential (LDR) to Office (0) L09-067—Request Comprehensive Plan Map Amendment from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) L10 -002 --Request Rezone from Commercial/Light Industrial (C/LI) to Medium Density Residential APPLICANT: L09-064 and L09-065—Wooden LLC L09-067 and L10-002—Macadam LLC LOCATION: L09-064 and L09-065--.36 acres including 3612 S. 115th (Tax #1023049072) and 3914 S. 115th, Tukwila (Tax #3351400005) L09-067 & L10-002-1.75 acres at 4300 S. 133ra St, Tukwila (Tax #2613200131) This notice is to confirm the decision reached by Tukwila's SEPA Official to issue an optional Determination of Non -significance (DNS) for the above project based on the environmental checklist and the underlying permit application. Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at: Tukwila Department of Community Development 6300 Southcenter Blvd., Suite 100 rf Page 1 of 3 07/22/2010 H:\COMP PLAN 2009-2010\SEPA-4E10-013\NOD--SEPA--7.22.10--Letterhead.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 Tukwila, WA 98188 Monday through Friday 8:30 a.m. - 5:00 p.m. The project planner is Rebecca Fox, who may be contacted at (206) 431-3670 for further information. The decision is appealable to the Superior Court pursuant to the Judicial Review of Land Use Decisions, Revised Code of Washington (RCW 36.70C). Initials Page 2 of 3 07/22/2010 H:\COMP PLAN 2009-2010\SEPA-44E10-013\NOD--SEPA--7.22.10--Letterhead.doc City olkukwila • Department of Community Development 6300 Southcenter Boulevard, Suite # 100 Tukwila, Washington 98188 Phone: 206-431-3670 Fax: 206-431-3665 Web site: http://www.ci.tukwila.wa.us File Number: Applied: Issue Date: Status: DETERMINATION OF NON -SIGNIFICANCE (DNS) E10-013 06/29/2010 07/22/2010 APPROVED Applicant: CITY OF TUKWILA Lead Agency: City of Tukwila Description of Proposal: Environmental Checklist for 2010's Comprehensive Plan amendment /Rezone applications, including: L09-064 and L06 -065 --Wooden LLC--MIC/L (Tax #1023049072) and LDR to Office (Tax #2251400005) @ 3912 S. 115th L09-067 and L10-002—Macadam LLC--C/LI to MDR (TAx #2613200131) @4300 S. 133rd St. Optional DNS process utilitized. The City of Tukwila determined that the proposal does not have probable significant impacts on the environment. (NOTE --Environmental Checklist does not include L 10-035 Tukwila South Underlying Zoning since environmental review was prepared previously for the Segale Tukwila South project.) Location of Proposal: Address: Parcel Number: Section/Township/Range: 6300 SOUTHCENTER BL TUKW The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21c.030(2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under the option DNS process in WAC 197-11-355. There is no further comment period. Jack Pac City of ila 6300 Southcenter Blvd Tukwila, WA 98188 (206)431-3670 ibe Official Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of actiox unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075) .in..• nnicno_am7 1 n_n 1 D.intc,• n7_77_1n1n Department Of Community Development AFFIDAVIT 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 Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Project Name: 2010 Comp Plan Amendments/Rezone Board of Appeals Agenda Packet Project Number: E10-013 Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda /) // Notice of Application Mailer's signature: 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 X Other: Notice of Decision Was mailed to each of the addresses listed/attached on this _23 day of July in the year 2010 W:\USERS\TERI\AFFIDAVIT OF DISTRIBUTION.DOC Project Name: 2010 Comp Plan Amendments/Rezone Project Number: E10-013 Mailing requested by: Rebecca Fox ." "7 /) // Mailer's signature: / / / ki/Ay( W:\USERS\TERI\AFFIDAVIT OF DISTRIBUTION.DOC E10-013 NAME DEPT OF ECOLOGY WA DEPT OF ECOLOGY KC ASSESSOR'S OFFICE MUCKLESHOOT Fisheries Program DUWAMISH INDIAN TRIBE JOSH JOHNS FRANK FIRMANI BARRY BECKER DEPT NW REGIONAL OFFICE SEPA REVIEW ACCOUNTING DIVISION Karen Walter MACADAM LLC ADDRESS 3190 160th AVE SE PO BOX 47703 500 4th AVE, RM# 709A 39015 172nd AVE SE 4705 W MARGINAL WAY SW 911 WESTERN AVE #318 2400 NW 80TH STREET #162 4446 S 131st PLACE CITY ST ZIP BELLEVUE WA 98008 OLYMPIA WA 98504-7703 SEATTLE WA 98104 AUBURN WA 98092 SEATTLE WA 98106-1514 SEATTLE WA 98117 SEATTLE WA 98117 TUKWILA WA 98168 • AGENCY LABELS • 7/2- / a ( ) US Corps of Engineers ( ) Federal HWY Admin ( ) Federal Transit Admin, Region 10 ( ) Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ( ) US Environmental Protection Agency (E.P.A.) ( )US Dept of HUD ( ) National Marine Fisheries Service Section 2 WASHINGTON STATE AGENCIES ( ) Dept of Social & Health Services g) Dept of Ecology NW Regional Office, Shoreland Division J 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 X) 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 togi 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 -f- II's f- Public Notice Mailings For Permits SEPA MAILINGS Mail to: (comment period starts on date of mailing) Dept. of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached list) *Any parties of record * send only the staff report, site plan and the SEPA Determination KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand Tribes — For any application on the Green/Duwamish River, send the checklist and a full set of plans with the Notice Of Application Send These Documents to DOE: SEPA Determination (3 -part from Sierra) Findings (staff report, usu. with MDNS) SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to owners and to property owners within 500 feet of subject property, comments are due 30 days after the notice of application is mailed/posted. The Notice of Application for Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the Notice of Application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Notice is sent to Ecology's NW Regional Office Shorelands & Environmental Assistance Program. Shoreline Permit Notice of Decision: Mail to: (within 8 days of decision; 21 -day appeal period begins date received by DOE) Department of Ecology Shorelands Section, NW Regional Office State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). *Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: Permit Data Sheet Shoreline Substantial Development Permit (3 -part from Sierra) Findings (staff report or memo) Shoreline Permit Application Form (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) - Site plan, with mean high water mark & improvements — Cross-sections of site with structures & shoreline - Grading Plan — Vicinity map SEPA determination (3 -part from Sierra) Findings (staff report or memo) SEPA Checklist (filled out by applicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) P:Admin\Admin Forms\Agency Checklist STAFF EVALUATION FOR ENVIRONMENTAL CHECKLLIST 2010Comprehensive Plan Amendments/Rezone File # E10-003 From: Rebecca Fox Date: July 19, 2010 Re: Staff Report SEPA/Environmental Review—Comprehensive Plan Amendments General Information Project Name: Annual Comprehensive Plan Amendments and Rezone Requests Applicants: 1) Wooden LLC; 2) Macadam LLC; 3) City of Tukwila Location: 1) File #L09-064 and L09-065 Vicinity of 3912 S. 115th St., Tukwila Tax Parcels #1023049072 and #2251400005 Zoning: Comprehensive Plan Designation 2) File #L09-067 and L10-002--4300 S. 133rd Street, Tukwila Tax Parcel #2613200131 1) File #L09-064 and L09-065 Tax Parcel #1023049072—Manufacturing Industrial Center/Light Tax Parcel #2251400005—Low Density Residential 2) File #L09-067 and L10-002 Tax Parcel #2613200131—Commercial/Light Industrial 1) File #L09-064 and L09-065 Tax Parcel #1023049072—Manufacturing Industrial Center/Light Tax Parcel #2251400005—Low Density Residential 2) File #L09-067 and L10-002 Tax Parcel #2613200131—Commercial/Light Industrial Rf 1 07222010 H:\COMP PLAN 2009-2010\SEPA--#E 10-013\E 10-013--CompPlanAmnd--SEPAstaffrept.docm • • Summary of the Proposed Action: The applicants propose to amend the Comprehensive Plan, and Zoning map designations: 1) Amend Comprehensive Plan/Zoning Map on two parcels totaling approximately .36 acres, located at 3912 S. 115th Street, including: Manufacturing/Industrial Center— Light (MIC/L) to Office (0) (Tax # 1023049072) ; and 2) from Low Density Residential (LDR) to Office (0) (Tax #3351400005) 2) Amend Comprehensive Plan/Zoning Map from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd St., (Tax Parcel #2613200131) Agencies with Jurisdiction City of Tukwila Required Permits/Approvals Planning Commission public hearing and recommendation. City Council public hearing, ordinance adoption. SEPA Background This request is being considered in 2010 as part of the Comprehensive Plan amendment process. The notice of application for the MIC/L and LDR to 0 request was issued on April 16, 2010. The notice of application for the C/LI to MDR May 11, 2010 request was mailed on April 20, 2009. The sites were similarly posted. Notice of the SEPA application was mailed on July 8, 2010. Sites were posted on July 12, 2010. SEPA review is for a non -project action. The optional DNS process was used with the expectation that a DNS would be issued. Specific environmental and design review for each site/project will be required at the time that a development project is proposed for that location. Background 1) L09-064 and L09-065 The applicant, Wooden LLC/Josh Johns, is requesting to redesignate two parcels to Office (0) including one parcel that is currently designated as Manufacturing Industrial Center/Light (MIC/L) and one parcel that is now designated as Low Density Residential (LDR). The MIC/L parcel is located adjacent to Tukwila's Duwamish Riverbend Hill Park, and is isolated from other industrial uses in the Manufacturing Industrial Center. A contractor storage yard is now operating on the MIC/L property. The Low Density Residential lot is adjacent to a vacant residential lot, and is separated from other residential uses by topography. The applicant intends to redevelop both lots together as an office or similar use. Rf 2 07/22/2010 H:\COMP PLAN 2009-2010\SEPA--#E 10-013\E 10-013--CompPlanAmnd--SEPAstaffrept.docm • • 2) L09-067 and L10-002 Macadam LLC/Barry Becker seeks to amend the Comprehensive Plan and Zoning Map from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) in order to provide a better transition from commercial/light industrial uses to the east, and single- family homes on the west of the property. The property contains a Type 2 stream, wetlands and their respective buffers. It has been the subject of a code complaint for illegal fill, and the owner is in the process of correcting these issues and adding additional mitigation and improvements. He requested and received a Special Permission—Director approval to reduce the buffers by 50% to allow him to do mitigation and improvement work in this area. Summary of Major Impacts Files # L09-064 and #L09-065: The primary impact of changing the designation of an MIC/L lot to Office and an LDR lot to Office will be allowing the construction of both properties for office use, rather than light manufacturing and single-family home respectively. The access will be on S. 115th, avoiding the nearby residential areas. Potentially, the impacts of office use are less than manufacturing/industrial uses, and greater than a single-family use. Potential impacts include light, noise and traffic after construction. Files #L09-067 and #L10-002: The primary impact of changing the designation of a lot from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) is the potential to construct up to 14.5 units of housing per acre on the site with a minimum lot size of 3, 000 s.f per unit. The majority of the site is either wetland, watercourse or buffer, significantly limiting the number of units that can be built. Under the MDR, the site lends itself to potential construction of Planned Residential Development. This type of development would allow smaller lot size with a site that is carefully planned to retain environmentally -sensitive open space. Land Use: Files # L09-064 and #L09-065: The primary impact of changing the designation of an MIC/L lot to Office and an LDR lot to Office will be allowing the construction of both properties for office use, rather than light manufacturing and single-family home respectively. Files #L09-067 and #L10-002: The primary impact of changing the designation of a lot from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) is the potential to construct duplex, triplex or townhome housing per acre on the site with a minimum lot size of 3, 000 s.f per unit. Any future project -level proposals will require attention to on-site environmental conditions. Rf 3 07/22/2010 H:\COMP PLAN 2009-2010\SEPA--#E10-013\E10-013--CompPlanAmnd--SEPAstaffrept.docm • • Noise: Future development would generate construction noise, and result in added noise from increased residential and commercial activity. Traffic/Access: Future office development at 3912 and 3914 S. 115th would generate an increase in traffic, primarily along S. 115th Street. Traffic impact fees will be applicable for future development. Future multi -family housing development at 4300 S. 133rd would generate additional traffic along S. 133rd, the probable access point. Traffic impact fees will be applicable for future development. Addressing Additional Impacts: The property for which MDR designation is requested contains Southgate Creek, a Type 2 watercourse and Coho salmon habitat with a standard 100' buffer, as well as a Type 2 wetland with a standard 80' buffer. The applicant requested and received 50% buffer reductions that revised the required buffers to 50 feet for the stream and 40' for the wetland. A band of land in the middle of the site contains slopes between 15% and 40% underlain by relatively permeable soil. Other non -project issues/impacts including utilities, runoff, design review, provision of - emergency services, impacts on schools and other governmental services will be addressed as needed once there is a specific development project for consideration. Public Comment Karen Walter, representing the Muckleshoot Indian Tribe, sent an email (attached) with questions which pertained primarily to the environmental impacts of the Special Permission Director—Buffer Reduction (L09-014) on the site of the requested change from C/LI to MDR. The questions and staff s response is attached. Staff further tried to contact Ms. Walter by phone. Review Process The proposed action is subject to State Environmental Policy Act (SEPA) review since the project does not meet the exemptions listed under Part Nine—Categorical Exemptions (WAC 197-11-800) An optional DNS process is being used since no unmitigated negative impacts are expected. Recommendation Staff recommends a Determination of Non -Significance (DNS). Rebecca Fox Senior Planner rfox@ci.tukwila.wa.us 206-431-3683 Rf 4 07/22/2010 H:\COMP PLAN 2009-2010\SEPA--#E 10-013\E 10-013--CompPlanAmnd--SEPAstaffrept.docm • • Rf 5 07/22/2010 H:\COMP PLAN 2009-2010\SEPA--#E 10-013\E 10-013--CompPlanAmnd--SEPAstaf&ept.docm • • Page 1 of 4 Rebecca Fox - Re: 2010 Comprehensive Plan and Map amendments, E10-013, Notice_ofApplication From: Rebecca Fox To: Karen Walter Date: 07/21/2010 2:20 PM Subject: Re: 2010 Comprehensive Plan and Map amendments, E10-013, Notice ofApplication CC: Brandon Miles; Minnie Dhaliwal Attachments: Brandon Miles; Minnie Dhaliwal Hello Karen, I have received your email regarding the Optional Environmental Checklist for Comprehensive Plan amendments/rezone (File ##10-013). I would like to clarify that the environmental checklist (File #E10-013)was prepared exclusively for proposed changes to the Comprehensive Plan map and zoning map. No development projects are proposed at this time. If and when construction is proposed, project -specific environmental review will be prepared, dealing with specific impacts of development. The proposed Comprehensive Plan map change and rezone for Tax Parcel #2613200131 at 4300 S. 133rd Street involves a downzone from Commercial/Light Industrial activity to Medium Density Residential. The impacts of any future residential use will be less than those of the commercial and light industrial uses that are now permitted on the property. The questions that you have posed pertain to L09-014 Special Permission Director for a buffer reduction. As stated, this is separate from environmental review for the Comprehensive Plan map amendment and rezone. The background for the Special Permission—Buffer Reduction is that the property owner, Barry Becker, violated various sections of the City's Sensitive Area regulations as codified in TMC 18.45.070. These violations included illegal grading, clearing and installation of gravel, development or parking areas within the designated sensitive area stream buffer without the required permit. No specific project was proposed for the site to prompt the Special Permission Director—Buffer Reduction. Rather, the Special Permission Director –Buffer Reduction was needed to correct the violations, and to remove the illegal fill from the wetland and watercourse buffer, restore and enhance a wetland, restore and enhance the wetland buffer, and restore and enhance a watercourse buffer through removal of invasive species, plantings, mulching and the addition of topsoil. I am attaching two wetland and buffer mitigation studies were prepared to guide the work. The Special Permission Director—Buffer Reduction was issued on May 10, 2010. The mitigation and enhancement work is in progress. It will result in removal of illegal fill and sigficantly improved, enhanced wetland, watercourse and buffer. Rebecca rox Senior Planner file://C:\temp\XPGrpWise\4C47022Btuk-mail6300-po 100134633511 F4861 \GW} 00001.... 07/22/2010 • • City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206-431-3683 (tel) 206-431-3665 (fax) rfox@ci.tukwila.wa.us »> Karen Walter <KWalter@muckleshoot.nsn.us> 07/21/2010 11:51 AM »> Rebecca, The Muckleshoot Indian Tribe Fisheries Division (MITFD) has reviewed the Notice of Application for the above referenced project. This proposal involves three site specific changes to the City's Comprehensive Plan and zoning map. With respect to proposed amendment #2, the proposal to change the current Comprehensive Plan designation and zoning from Commercial/Light Industrial (C/LI) to Medium Density Residential on parcel 2613200131, at 4300 S 133rd Street, the MITFD previously had questions for this project when it was pursuing a stream and wetland buffer reduction. Our questions are noted below. We have been unable to find a response from the City to these questions and believe that these question raised and potential issues are still outstanding as a result. We would appreciate a response to each of these questions as they may affect our comments for the proposed Comprehensive Plan and Zoning map changes. We look forward to the City's responses. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Karen Walter Sent: Monday, May 04, 2009 2:01 PM To: Brandon Miles Subject: Becker/Macadam LLC buffer reduction proposal, L09-014, Notice of Application Brandon, The Muckleshoot Indian Tribe Fisheries Division has reviewed the above referenced Notice of Application. We have several questions about this proposal as noted below: 1. What is the underlying purpose or use for the parcel that is seeking to reduce the regulated stream and wetland buffer? In other words, why is a buffer reduction needed? The site shows two adjacent parcels with a house that appears on both parcels. It also appears that the detached garage to the house is on parcel 2612300131. According to the King County Assessor's office, both parcels are owned by Macadam LLC. It is very difficult to understand why this application should be approved without knowing what is proposed for the parcel at 4300 S. 133rd Street and the adjacent property. Please clarify. 1. Our copy of the wetland analysis report and mitigation plan is missing page 5. Can we get another copy of page 5? 1. It is not clear where the two streams discussed in the Wetland Analysis report are. Is there a better figure or figure in color that clearly show these two streams than the figures in the wetland report, none of which file://C:\temp\XPGrpWise\4C47022Btuk-mail6300-po 100134633511 F4861\GW } 00001.... 07/22/2010 • • show both streams? Page 3 of 4 1. It is not clear exactly what the fish barrier is discussed in Figure 5. Is the culvert in this photo the barrier? If so, it should be replaced with a fish passable culvert. Please clarify the nature and type of fish barrier. 1. It is also not clear how it was determined that the tributary stream is a Type 4 water. Intermittent streams can and do support salmonids. Also, if this stream has a known fish barrier, it should be assessed to see if it meets the physical criteria for a stream "presumed to be used by fish" as identified in WAC 222-16-031(3). This means that a stream survey will need to be conducted by a fisheries biologist familiar with WAC 222-16-03(3) and the Washington Forest Practices Board Manual 13. Alternatively, WDFW could survey the stream if they have sufficient resources to do so. 1. Please clarify how much will and where the fill is that was unauthorized. 1. It is not clear how much fill and where the fill is that is proposed to be removed. The amount of fill to be removed should be quantified and show on a figure that discusses mitigation. 1. Please clarify the proposed access for parcel 261320-0131. The narrative on page 10 describes previous access from South 131st Street; however, the buffer impacts figure shows access from S 133rd Street. 1. The applicant should demonstrate that the proposed stream crossing of what appears to be Southgate Creek will fish passable. Furthermore, the proposed access road should demonstrate that access drive has the smallest footprint possible (avoidance). This is not clear in the analysis report. It is also not clear if the impervious buffer impact areas need to remain or if they can be modified to reduce impacts. Please clarify. 1. The impacts figure on page 25 shows offsite impervious areas on the adjacent parcel. What is the purpose of showing this area? Is it considered as part of the impact area or is it seeking mitigation credit from any of the mitigation work? 1. Does the proposed 1,122 square feet of wetland restoration meet the City's wetland requirements for the unauthorized clearing of 1,122 square feet of a Category 2 wetland? Please clarify. 1. Please clarify if the buffer restoration and enhancement includes the shaded area shown on Parcel A in the Mitigation Areas Map or not. We look forward to the City's responses to the questions we have above. The answers to the questions above will better help us understand and evaluate this proposal and provide any meaningful comments that we may have. If you have any questions or we need to discuss further, please call me at 253-876-3116. Thank you for the opportunity to review this proposal Karen Walter Watersheds and Land Use Team Leader file://C:\temp\XPGrpWise\4C47022Btuk-mail6300-po 100134633511 F4861\GW } 00001.... 07/22/2010 rags -t'i't • • Muckleshoot Indian Tribe Fisheries Division 39015 172nd Ave SE Auburn, WA 98092 file://C:\temp\XPGrpWise\4C47022Btuk-mail6300-po 100134633511 F4861 \GW } 00001.... 07/22/2010 • • CITY OF TUKWILA SEPA Department of Community Development - _ ENVIRONMENTAL 6300 Southcenter Boulevard, Tukwila, .WA 98188 - - Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@ci.tukwila.wa.us REVIEW APPLICATION FOR STAFF USE ONLY Permits Plus TYPE P-SEPA Planner: I4 66 ccA ¥»s File Number: E j D - 2 J 3 Application Complete (Date: 17l iv ) Project File Number: Application Incomplete (Date: 11 ) Other File Numbers: L & ' -v NAME OF PROJECT/DEVELOPMENT: i^vq . 010 (v r44 ea 1i e.ns l tic r%'1et" Arlie kkci i'vv?r S//2c t v1Cf LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. - 1_0 -o ,&/- Lv'i -tacos > 3q,7'/7,'mc t:, Lo'' -o 61 Iii - 002- 7 1.317 r, S'� /'.ff4, 7c7)16<-)/ /47 Ain. 9.g/1.4' LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). �9—o1,� L.o<'-o -•— J/• 7" /AD 2/ 32-0 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/ 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: iee e CC ii)x .S'r', 1?lt f1 , ,— Address: ei Phone: C2oc2 g - 3E 6-3 E-mail: ri4 /61) (/ 741/1 /i)//ic:.-, LL 6-3 Cl 0 f'e; yy, ce, , J 9//e /moi.;/�f: P11 5? S FAX(1-6)/ `3 ESS tif Signature: Date: re//o H:\COMP PLAN 2009-2010\SEPA—#E10-013\SEPA Environmental Review Application-Ju12010.doc STATE OF WASHINGTON • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670FAX(206) 431-3665 E-mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at (city), (state), on , 20 Print Name Address Phone Number Signature On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that be/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF , 20 NOTARY PUBLIC in and for the State of Washington residing at My Commission expires H:\COMP PLAN 2009-2010\ SEPA—#E10-013 \ SEPA Environmental Review Application-Ju12010.doc J I I J JL/ / i Proposed MIC/L 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) glasiman Zoning Lines ATTACHMENT B NNE Wooden LLC raw .067 Comprehensive Plan amendment--Commercial/Light Industrial (C/LI) edium Density Residential (MDR) •002 Rezone--Commercial/Light Industrial (C/LI) tedium Density Residential (MDR) MCommercial/Light Industrial (C/LI) to Medium Density Residential (MDR) mmo Zoning Lines ATTACHMENT 1 Macadam LLC 1%400' • • City of Tukwila Endangered Species Act Screening Checklist Date: _6/29/10 Applicant Name: _City of Tukwila (Prepared by Rebecca Fox, Senior Planner) Street Address: _6300 Southcenter Boulevard, City, State, Zip: Tukwila, WA 98188 Telephone: 206-431-3683 NOTE: The Comprehensive Plan & Zoning map changes under consideration here neither pertain to a specific development project nor do they directly authorize construction. There is no specific project to review at this point. Specific environmental review will occur when there are specific development plans to consider. Rf 7/3110 Directions This Screening Checklist has been designed to evaluate the potential for your project to result in potential "take" of Chinook salmon, Coho salmon, or Cutthroat trout as defined by Section 9 of the Endangered Species Act. The checklist includes a series of "Yes" or "No" questions about your project, organized into four parts. Starting with Part A on Page 1, read each question carefully, circle "Yes" or "No," and proceed to the next question as directed by the checklist. To answer these questions, you may need to refer to site plans, grading and drainage plans, critical areas studies, or other documents you have prepared for your project. The City will evaluate your responses to determine if "take" is indicated. • City of Tukwil•A Screening Checklist Part A: Please review and answereach question carefully. Consider all phases of your project including, but not limited to, -construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes answer. 1-0 NO Will the project require any form of grading? Grading is defined as any excavating, filling, clearing, or creation of impervious surface, or any combination thereof, which alters the existing ground surface of the earth (TMC 18.06.370). Please circle appropriate response. NO - Continue to Question 2-0 YES - Continue to Question 1-1 (Page 3) 2-0 NO Will the project require any form of clearing? Clearing means the removal or causing to be removed, through either direct or indirect actions, any vegetation from a site (18.06.145). Please circle appropriate response. NO - Continue to Question 3-0 YES - Continue to Question 2-1 (Page 4) 3-0 NO Will the project require work, during any time of the project, below the ordinary high water mark of a watercourse or the GreenfDuwamish or Black Rivers or in wetlands? Ordinary high water mark is the mark that is found by examining the bed and banks of a stream and ascertaining where the presence and action of waters are so common and usual as to distinctly mark the soil from that of the abutting upland, in respect to vegetation (see TMC Chapter 18.06, Page 18-15). Please circle appropriate response. NO - Continue to Question 4-0 YES - Continue to Question 3-1 (Page 5) 4-0 NO Will the project result in the processing or handling, storage, or treatment of hazardous substances? This does not include the proper use of fuel stored in a vehicle's fuel tank. Hazardous substances are any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits the characteristics or criteria of hazardous waste as defined by Washington Administrative Code 173-303 (TMC 18.06.385). This includes fuel or other chemicals stored on-site during construction. Please circle appropriate response. NO - Continue to Question 5-0 YES - Continue to Question 5-0 5-0 NO Will the project result in the withdrawal, injection, or interception of groundwater? Examples of projects that may affect groundwater include, but are not limited to: construction of a new well, change in water withdrawals from an existing well, projects involving prolonged construction dewatering, projects installing French drains or interceptor trenches, and sewer lines. For the purpose of this analysis, projects that require a geotechnical report pursuant to the requirements of TMC 18.45.060 or would require a geotechnical report if not exempt should answer Yes. Please circle appropriate response. NO - Continue to Question 6-0 YES - Continue to Question 6-0 January 25, 2001 2 • Ci �of TukzoiSA Screening.Checklist Part A (continued) 6-0 Will the project involve landscaping or re -occurring outdoor maintenance that includes the regular use of fertilizers, pesticides, or herbicides? This does not include the one-time use of transplant fertilizers. Landscaping means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use of the land (TMC 18.06.490). For the purpose of this analysis, this includes the establishment of new lawn or grass. Please circle appropriate response. NO NO — Checklist Complete YES — Checklist Complete Part B: Please answer each question below for projects that include grading. Review each question carefully, considering all phases of your project including, but not limited to construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes answer. 1-1 Will the project involve the modification of a watercourse bank or bank of the Green/Duwamish or Black Rivers between the ordinary high water mark and top of bank? This includes any projects that will require grading on any slope leading to a river or stream, but will not require work below the ordinary high water mark. Work below the ordinary high water mark is covered in Part C. Please circle appropriate response. NO NO - Continue to Question 1-2 YES - Continue to Question 1-2 1-2 Could the construction, operation, or maintenance of the project result in sediment transport off site or increased rates of erosion and/or sedimentation in watercourses, the Green/Duwamish rivers, or the Black River? Most projects that involve grading have the potential to result in increased erosion and/or sedimentation as a result of disturbances to the soil or earth. If your project involves grading and you have not prepared a Temporary Erosion and Sedimentation Control Plan specifically designed to retain 100 percent of the runoff (including during construction) from impervious surface or disturbed soils, answer Yes to this question. If your project is normally exempt under the Tukwila Municipal Code and would not require the preparation of a Temporary Erosion and Sedimentation Control Plan, BUT may still result in erosion or sediment transport off site or beyond the work area, answer Yes to this question. Please circle appropriate response. NO NO - Continue to Question 1-3 YES - Continue to Question 1-3 1-3 Will the project result in the construction of new impervious surfaces? Impervious surfaces include those hard surfaces which prevent or restrict the entry of water into the soil in the manner that such water entered the soils under natural conditions prior to development; or a hard surface area that causes water to run off the surface in greater quantity or at an increased rate of flow from the flow presented under natural conditions prior to development. Such areas include, but are not limited to, rooftops, asphalt or concrete paving, compacted surfaces, or other surfaces that similarly affect the natural infiltration or runoff patterns existing prior to development (TMC 18.06.445). Please circle appropriate response. NO NO - Continue to Question 2-0 (Page 2) YES - Continue to Question 1-4 January 25, 2001 3 City of Tukwil SA Screening Checklist Part B (continued) 1-4 Will your project generate stormwater from the creation of impervious surfaces that will not be infiltrated on site? For the purpose of this analysis, infiltration includes the use of a stormwater treatment and management system intended to contain all stormwater on site by allowing it to seep into pervious surface or through other means to be introduced into the ground. If your project involves the construction of impervious surface and does not include the design of a stormwater management system specifically designed to infiltrate stormwater, answer Yes to this question. Please circle appropriate response. NO - Continue to Question 2-0 (Page 2) YES - Continue to Question 2-0 (Page 2) Part C: Please review each question below for projects that include clearing. Review each question carefully, considering all phases of your project including, but not limited to construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes answer. 2-1 NO Will the project involve clearing within 200 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? Please circle appropriate response. NO - Continue to Question 3-0 (Page 2) YES - Continue to Question 2-2 2-2 Will the project involve clearing of any trees within 200 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? A tree is defined by TMC 18.06.845 as any self-supporting woody plant, characterized by one main trunk, with a potential diameter - breast -height of 2 inches or more and potential minimum height of 10 feet. Please circle appropriate response. NO - Continue to Question 2-3 YES - Continue to Question 2-3 2-3 Will the project involve clearing of any evergreen trees from within 200 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis evergreen means any tree that does not regularly lose all its leaves or needles in the fall. Please circle appropriate response. _ NO - Continue to Question 2-4 YES - Continue to Question 2-4 2-4 Will the project involve clearing within 100 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? Please circle appropriate response. NO - Continue to Question 3-0 (Page 1) YES - Continue to Question 2-5 2-5 _ Will the project involve clearing within 40 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? Please circle appropriate response. NO - Continue to Question 3-0 (Page 2) YES - Continue to Question 3-0 (Page 2) _ January 25, 2001 4 City of TukwilaSA Screening Checklist Part D: Please review each question below for projects that include work below the ordinary high water mark of watercourses or the Duwamish/Green or Black Rivers or in wetlands. Review each question carefully, considering all phases of your project including, but not limited to, construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes answer. 3-1 NO Will the project involve the direct alteration of the channel or bed of a watercourse, the Green/Duwamish rivers, or Black River? For the purpose of this analysis, channel means the area between the ordinary high water mark of both banks of a stream, and bed means the stream bottom substrates, typically within the normal wetted -width of a stream. This includes both temporary and permanent modifications. Please circle appropriate response. NO - Continue to Question 3-2 YES - Continue to Question 3-2 3-2 NO Will the project involve any physical alteration to a watercourse or wetland connected to the Green/Duwamish River? For the purpose of this analysis, "connected to the river means" flowing into via a surface connection or culvert, or having other physical characteristics that allow for access by salmonids. This includes impacts to areas such as sloughs, side channels, remnant oxbows, ditches formed from channelized portions of natural watercourses or any area that may provide off channel rearing habitat for juvenile fish from the Duwamish River. This includes both temporary construction alterations and permanent modifications. Watercourses or wetlands draining to the Green/Duwamish River that have a hanging culvert, culvert with a flap gate, diversion, or any entirely man-made or artificial structure that precludes fish access should answer Yes to this question. Please circle appropriate response. NO - Continue to Question 3-3 YES - Continue to Question 3-3 3-3 NO Will the project result in the construction of a new structure or hydraulic condition that could be a barrier to salmonid passage within the watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis, a barrier means any artificial or human modified structure or hydraulic condition that inhibits the natural upstream or downstream movement of salmonids, including both juveniles and adults. Please circle appropriate response. NO - Continue to Question 3-4 YES - Continue to Question 3-4 3-4 NO Will the project involve a temporary or permanent change in the cross-sectional area of a watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis, the cross-sectional area is defined as a profile taken from the ordinary high water mark on the right bank to the ordinary high water mark on the left bank. Please circle appropriate response. NO - Continue to Question 3-5 YES - Continue to Question 3-5 3-5 Will the project require the removal of debris from within the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis, debris includes, but is not limited to fallen trees, logs, shrubs, rocks, piles, rip -rap, submerged metal, and broken concrete or other building materials.' Projects that would require debris removal from a watercourse or the Green/Duwamish or Black Rivers as part of a maintenance activity should answer Yes to this question. Please circle appropriate response. January 25, 2001 5 • City of TukwilflA Screening Checklist NO NO - Continue to Question 3-6 YES - Continue to Question 3-6 3-6 Will the project result in impacts to watercourses or wetlands that have a surface connection to another watercourse or the Green/Duwamish or Black Rivers but do not contain habitat conditions that support salmonid use? Such areas may include, but not be limited to hillside seeps and wetlands isolated from the watercourse or river that have a surface water connection to the watercourse or river but are not assessable, nor would be assessable to salmonids under natural conditions. Wetlands with a "functions and values" rating for baseflow/groundwater support of 9 and above (or moderate) as described in Cooke (1996) should be included. Please circle appropriate response. NO NO - Continue to Question 3-7 YES - Continue to Question 3-7 3-7 Will the project include the construction of artificial waterways or wetlands connected to a watercourse containing salmonids? For the purpose of this analysis, the construction of artificial waterways or wetlands includes wetlands, channels, sloughs, or other habitat feature created to enhance wildlife use, particularly waterfowl use, or may be attractive to wildlife, particularly waterfowl. Please circle appropriate response. NO NO - Continue to Question 3-8 YES - Continue to Question 3-8 3-8 Will the project include bank stabilization? For the purpose of this analysis, bank stabilization includes, but is not limited to, rip -rap, rock, log, soil, or vegetated revetments, concrete structures, or similar structures. Please circle appropriate response. NO NO - Continue to Question 4-0 (Page 2) YES - Continue to Question 4-0 (Page 2) January 25, 2001 6 • • STATE ENVIRONMENTAL CHECKLIST Please respond to all questions. Use separate sheets as necessary. Applicant Responses: A. BACKGROUND 1. Name of proposed project, if applicable: 2009-2010 Comprehensive Plan amendments/rezones 2. Name of Applicant: • City of Tukwila 3. Date checklist prepared: _June 29, 2010 4. Agency requesting checklist: City of Tukwila 5. Proposed timing or schedule (including phasing, if applicable): July/August, 2010—Planning Commission Public Hearing September/October, 2010 --City Council Public Hearing/Adoption 6. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No specific plans at this time. 7. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A Wetland Analysis Report and Mitigation Plan (4/14/09 & 4/2/10) was prepared for the Becker Special Permission Director buffer reduction request (L09-014). It describes sensitive areas on the site of the Macadam LLC application requesting CLI to MDR (File # L09-067, and # L10-002). 8. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No. 9. List any government approvals or permits that will be needed for your proposal. City Council approval of site-specific rezones will require quasi-judicial action, and City Council approval of the Tukwila South area -wide zoning will require legislative action. 10. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. The SEPA document evaluates two proposals to amend the Comprehensive Plan and Zoning map that are under consideration in 2010, including: Agency Comments 1). L09-64 and L09-65: Change zoning/Comprehensive Plan maps from Manufacturing/Industrial Center—Light (MIC -L) to Office, and from Low Density Residential (LDR) to office on adjacent parcels generally located at 3912 S. 115 St., Tukwila; 2) L09-67 and L10-002: Change zoning/Comprehensive Plan maps from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) on 1.76 acres located at 4300 S. 133rd St., Tukwila; 11. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, the tax lot number, and section, township, and range. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 1). L09-64 and L09-65: Street address is 3912 S. 115 St., Tukwila; King County Tax Parcel #1023049072 and #352400005 2) L09-67 and L10-002: Street address is 4300 S. 133`d St., Tukwila; King County Tax Parcel #2613200131 12. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? L09-67 and L10-002: Property contains Southgate Creek, a Type 2 watercourse and Coho salmon habitat with a standard 100' buffer, as well as a Type 2 wetland with a standard 80' buffer. The applicant has applied for and received a 50% buffer reduction that will enable him to enhance or restore the entire reduced buffer, the wetland, and as well as a 1, 903 square foot area lying outside the reduced buffer to address conditions resulting from the placement of illegal fill and removal of vegetation. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: 1). L09-64 and L09-65: Mostly flat, with some slopes in northern portion of sites 2) L09-67 and L10-002: Some slopes in central portion of slope b. What is the steepest slope on the site (approximate percent slope)? 1). L09-64 and L09-65: Some slopes between 15% and 40%, underlain by relatively impermeable soils or by bedrock 2) L09-67 and L10-002: Some slopes between 15% and 40%, underlain by relatively permeable slopes c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. 1). L09-64 and L09-65: Soils underlain by relatively impermeable soils or by bedrock 1). L09-64 and L09-65: Soils underlain by relatively impermeable soils or b bedrock 2) L09-67 and L10-002: Relatively permeable soils. Dark surface silt loam underlain bye grey to gleyed silt loam or silty clay loam. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. 1). L09-64 and L09-65: No indication. 2) L09-67 and L10-002: No indication. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. N/A No grade and fill is directly authorized through these requested amendments. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. g. N/A No construction is directly authorized by these proposed amendments. When specific proposals are received, best available practices will be used to minimize potential erosion during construction. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A These proposals do not directly authorize construction. Impervious surfaces will depend on the projects that are built after the proposals are adopted. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N/A. These proposals do not directly authorize construction. Standard BMP's (i.e. silt fence, stabilized construction entrance, mulching, etc.) will be employed for any new construction that occurs as a result of these proposals. 2. Air a. What types of emissions to the air would result from the proposal (for example, dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. N/A No emissions will result as a direct result of the proposed amendments. Eventual construction could produce dust, and exhause from heavy construction equipment.. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. N/A. No off-site sources of emissions or odor are known at this time. No construction is planned immediately as a resultofthese proposals. c. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A. No construction is immediately authorized as a result of these proposals. Impacts on air quality that may result from future construction that occurs as a result of these proposals may include construction equipment and auto emissions. Auto emissions could be controlled through increased reliance on public transportation. • 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. 1). L09-64 and L09-65: Duwamish River is directly west, across the street from S. 115th. St. No portion of the properties is adjacent to the river. 2) L09-67 and L10-002: Southgate Creek and its associated wetland are on the site.. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. 1). L09-64 and L09-65: No specific development plans are associated with these requests. Any potential impacts on the Duwamish River will be considered at the time when applications for specific projects are received and reviewed. Duwamish River is directly west, across the street from S. 115th. St. No portion of the properties is adjacent to the river 2) L09-67 and L10-002: No specific development plans are associated with this request. The stream, wetland and buffers will be considered at the time when an application for a specific project is received and reviewed. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A No dredge and fill is authorized as a result of the proposed Comprehensive Plan and zoning map changes. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. N/A No surface water withdrawals or diversions are authorized as a result of the proposed map changes. 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. 1) L09-64 and L09-65: No 2) L09-67 and L10-002 No 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A The proposals do not involve any discharges of waste materials to surface waters. b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. N/A No surface water will be withdrawn or water discharged into ground water as a direct or indirect result of the proposals. • • 2. Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc)._ Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve: N/A No waste materials will be discharged into ground water as a direct or indirect result of the proposals. c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow? Will this water flow into other waters? If so, describe. N/A No construction is scheduled as a direct result of these proposed amendments. Once development occurs, any runoff from new impervious areas would be collected and treated prior to release from site per KCSWDM. 2. Could waste materials enter ground or surface waters? If so, generally describe. N/A No construction is authorized as a direct result of these proposals. Once development occurs, runoff from new impervious areas would be collected and treated prior to release from site per KCSWDM d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: N/A No construction is authorized as a direct result of these proposals. Once development occurs, runoff from new impervious areas would be collected and treated prior to release from site per KCSWDM 4. Plants a. Check or circle types of vegetation found on the site: 1) L09-64 and L09-65 x Deciduous tree: alder, maple, aspen, other x Evergreen tree: fir, cedar, pine, other x Shrubs x Grass Pasture Crop or grain x Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass, milfoil, other Other types of vegetation 2) L09-67 and L10-002 x deciduous tree: alder, maple, aspen, other x evergreen tree: fir, cedar, pine, other x Shrubs x Grass - - - - Pasture. crop or grain x wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? No vegetation will be removed as a result of this proposal. When development occurs, scattered trees, shrubs and some grass will be removed, depending on the specific development plans. Landscaping will be provided per Tukwila Municipal Code. c. List threatened or endangered species known to be on or near the site. N/A No threatened/endangered species are known to be near the sites. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: 1) L09-64 and L09-65 N/A Future development will be landscaped. 2) L09-67 and L10-002 No development is proposed as a result of this proposal. When development occurs, it shall be planned to accommodate the existing wetlands and sensitive areas, as well as to preserve native plants. 5. Animals a. Circle any birds or animals which have been observed on or near the site or are known to be on or near the site: 1) L09-64 and L09-65 Birds: Hawk, heron, eagle, songbirds, other: Mammals Deer, bear, elk, beaver, other: Fish Bass, salmon, trout, herring, shellfish, other: Other 2) L09-67 and L10-002 1 Birds: Hawk, heron, eagle, songbirds, other: Mammals Deer, bear, elk, beaver, other: rodents, squirrels Fish Bass, salmon, trout, herring, shellfish, other: Other b. List any threatened or endangered species known to be on or near the site. No threatened or endangered species are known to be near either site. c. Is the site part of a migration route? If so, explain. N/A d. Proposed measures to preserve or enhance wildlife, if any: 1) L09-64 and L09-65 N/A Landscaping on future development could provide shelter for wildlife. 2) L09-67 and L10-002 Wetland, watercourse and buffer will be maintained, and will provide shelter, and possibly food for wildlife after development • • 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A Future development will require electricity, natural gas. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A Future development will meet height and setback standards. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A Future development will meet energy codes. It is hoped that future development will employ "green" building techniques. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. N/A Future development will meet all code requirements. 1. Describe special emergency services that might be required. N/A Future development is not anticipated to require special emergency services. 2. Proposed measures to reduce or control environmental health hazards, if any: N/A Future development is not anticipated to require special measures to control environmental health hazards. b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? N/A Traffic noise exists throughout the city. L09-67 and L10-002 only: The project site is at the edge of a commercial- light industrial zone whose operations may produce some noise that could affect future residential use. 2. What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. N/A Future development would generate construction noise from equipment and vehicles during the building phase. 2. Proposed measures to reduce or control noise impacts, if any: N/A Future short-term construction noise could be controlled through limiting hours of operation. • • 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? 1) L09-64 and L09-65 The MIC -L property is currently used to store construction equipment. It is immediately adjacent to the Duwamish Riverbend Hill Park on the north, residential uses to the south and across the road from the Duwamish River. Single-family homes are in the vicinity. The LDR property is vacant. It is adjacent to additional single-family uses, with the Duwamish Riverbend Hill in the vicinity, and the Duwamish River across the street. 2) L09-67 and L10-002 The property is currently vacant except for a wooden residential garage structure. Light industrial uses including a construction company are in the vicinity to the east, north, and south. A single family structure is immediately adjacent on the west. Additional single-family homes, Riverton Park and a church are nearby. b. Has the site been used for agriculture? If so, describe. N/A Neither site has been used for agriculture. c. Describe any structures on the site. 1) L09-64 and L09-65: There are no structures on the site 2) L09-67 and L10-002: An old wooden garage serves the single-family house on the adjacent lot. d. Will any structures be demolished? If so, what? 1) L09-64 and L09-65: The site is vacant. 2) L09-67 and L10-002: No structures will be demolished as a direct result of the proposed map change. The garage structure may be demolished for eventual redevelopment e. What is the current zoning classification of the site? 1) L09-64 and L09-65: Manufacturing -Industrial Center/Light (MIC/L), and Low -Density Residential (LDR) 2) L09-67 and L10-002: Commercial/Light Industrial (C/LI) f. What is the current comprehensive plan designation of the site? 1) L09-64 and L09-65: Manufacturing -Industrial Center/Light (MIC/L), and Low -Density Residential (LDR) 2) L09-67 and L10-002: Commercial/Light Industrial (C/LI) g. If applicable, what is the current shoreline master program designation of the site? 1) L09-64 and L09-65: A small portion of the MIC -L and LDR site is in the High Impact Shoreline . h. Has any part of the site been classified as an- "environmentally sensitive" area? If so, specify. 1) L09-64 and L09-65: A small amount of the "back" portion of both the MIC/L and LDR lots contains slopes between 15% and 40% underlain with relatively impermeable soil or bedrock. 2) L09-67 and L10-002: Propery contains Southgate Creek, a Type 2 watercourse and Coho salmon habitat with a standard 100' buffer, as well as a Type 2 wetland with a standard 80' buffer. A band of area in the middle of the site contains slopes between 15% and 40% underlain by relatively permeable soil. J• Approximately how many people would reside or work in the completed project? 1) L09-64 and L09-65: No construction activity is authorized as a direct result of the proposed Comprehensive Plan change/Rezone. The requested change from MIC -L and LDR to Office would allow one dwelling unit to be built per lot, per Tukwila Municipal Code 18.18.020.8 Permitted Uses. 2) L09-67 and L10-002: No construction activity is authorized as a direct result of the proposed Comprehensive Plan change/Rezone. The requested Medium Density Residential classification allows a maximum of 14.5 units/acre, but the environmentally sensitive areas on the site, including a watercourse, wetland, associated buffers and a small area of steep slopes significantly limit development potential. Approximately how many people would the completed project displace? No construction activity is authorized as a direct result of the proposed Comprehensive Plan changes/Rezones. No displacement would occur. k. Proposed measures to avoid or reduce displacement impacts, if any: N/A 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: No construction activity is authorized as a direct result of the proposed Comprehensive Plan map changes/rezones. 1) L09-64 and L09-65: Future office development would be subject to design review, and would be required to take into account compatibility with the surrounding area, including the adjacent Duwamish Riverbend Hill Park, and residential areas. 2) L09-67 and L10-002: Future development multi -family development would be subject to design review, and would be required to take into account compatibility with the surrounding area, including residential uses. Development would comply with all codes, including those pertaining to environmentally sensitive areas. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing? 1) L09-64 and L09-65: No construction activity is authorized as a direct result of the proposed Comprehensive Plan change/Rezone. The requested Office zoning allows one single-family dwelling unit to be built per lot. 2) L09-67 and L10-002: No construction activity is authorized as a direct result of the proposed Comprehensive Plan change/Rezone. The requested Medium Density Residential zoning allows a maximum of 14.5 units/acre to be built. Specific site conditions limit developable area, and significantly limit the number of units that can be built on the subject property. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. N/A. No housing units will be eliminated as a result of the requested Comprehensive Plan/Zoning map changes. 1) L09-64 and L09-65 B the current Low Density Residential (L> and the requested Office (0) zoning permit one single-family dwelling per lot to be built. 2) L09-67 and L10-002 :The requested Medium Density Residential zoning allows a maximum of 14.5 units per acre. The actual number varies according to site conditions. c. Proposed measures to reduce or control housing impacts, if any: N/A 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the exterior building material(s) proposed? 1) L09-64 and L09-65: The proposed Comprehensive Plan and zoning map changes do not authorize construction of a specific project. The requested Office (0) zoning permits a maximum height of 35'. The existing MIC -L permits structures up to 45' in height, and the existing LDR permits structures up to 30' in height. 2) L09-67 and L10-002: The proposed Comprehensive Plan and zoning map changes do not authorize construction of a specific project. The requested Medium Density Residential zone allows a 30' maximum building height, the same as the adjacent Low Density Residential zoning. b. What views in the immediate vicinity would be altered or obstructed? 1) L09-64 and L09-65: The site is now vacant. The appearance of the site would be altered if any building is constructed, regardless of whether the zoning and Comprehensive Plan designation change. 2) L09-67 and L10-002: None c. Proposed measures to reduce or control aesthetic impacts, if any: No construction is authorized due to the granting of this request for change in Comprehensive Plan or zoning designation. 1) L09-64 and L09-65: Design review for future construction will be required under the Office zoning. This process will address aesthetic impacts. 2) L09-67 and L10-002: Design review will be required for future construction under the Office zoning. This process will address aesthetic impacts 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? N/A. No construction activity is authorized as a direct result of the proposed Comprehensive Plan changes/Rezones. b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A. No construction activity is authorized as a direct result of the proposed Comprehensive - Plan changes/Rezones. L09-64 and L09-65: Any completed project would be visible to the west from across the Duwamish river. No structure is currently located on the sites. Future development could produce light from building operations, signage and additional traffic 2) L09 -067 -L10 -002 --Future rest Pntial development would produce lights rom windows, possible street lighting and additional vehicle traffic. c. What existing off-site sources of light or glare may affect your proposal? 1)L09-64 and L09-65 Existing street lighting or passing traffic could shed light on the subject property. These light sources are not expected to affect any future development. 2) L09-067-L10-002—Existing street lighting, passing traffic or commercial development could shed light on the subject property. d. Proposed measures to reduce or control light and glare impacts, if any: N/A Best practices will be utilized to control future light impacts if needed 12. Recreation a. What designed and informal recreational opportunities are in the immediate vicinity? 1)L09-64 and L09-65: Duwamish Riverbend Hill park is located adjacent to the property. The site is across South 115`x' Street from the Duwamish River, and approximately'/ mile from a footbridge crossing. It is approximately % mile from the Tukwila Community Center, located at 12423 42nd Avenue South. 2) L09 -067-L10-002: The property is located near Riverton Park at 4101 South 131st Street, and across the street from Riverton Mini Park at 4401 South 133rd Street. The tukwila Community Center is approximately 1/2 mile away at 12423 42nd Avenue South. b. Would the proposed project displace any existing recreational uses? If so, describe. 1)L09-64 and L09-65: Duwamish Riverbend Hill park is located adjacent to the property. No existing recreational uses would be displaced as a result of the Comprehensive Plan amendment/rezone request. 2) L09 -067-L10-002: No existing recreational use would be displaced as a result of the Comprehensive Plan amendment/rezone request.. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: 1)L09-64 and L09-65: Duwamish Riverbend Hill park is located adjacent to the property. No existing recreational uses would be displaced as a result of the Comprehensive Plan amendment/rezone request. 2) L09 -067-L10-002: No existing recreational uses would be affected as a result of the Comprehensive Plan amendment/rezone request. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, National, State, or Local preservation registers known to be on or next to the site? If so, generally describe. N/A b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. 1)L09-64 and L09-65: Riverbend Hill Park, adjacent to the subject property, is culturally significant for its association with Southern Puget Sound Salish oral tradition and mythology, as a key location in the stories collectively known as the "Epic of the Winds." As part of the planning/deepment process for the park, an archaelog'al survey will be undertaken in consultation with the Muckleshoot and Duwamish Trips to identify and protect any potential archaeological resources that may be impacted by proposed site development. (pp 2 &. 3 "Duwamish Riverbend Hill Master Plan, 2007) - -- c. Proposed measures to reduce or control impacts, if any: 1)L09-64 and L09-65: As part of the planning/development process for the park, an archaelogocial survey will be undertaken in consultation with the Muckleshoot and Duwamish Trips to identify and protect any potential archaeological resources that may be impacted by proposed site development. (pp 2 &. 3 "Duwamish Riverbend Hill Master Plan, 2007) 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. 1)L09-64 and L09-65: The site fronts on S. 115th Street, which provides access to E. Marginal Way South. No project is authorized as a direct result of the Comprehensive Plan amendment/rezone request. No site plan has been prepared. (Please refer to the attached map) 2) L09 -067-L10-002: The site is served by S. 131St Place, S. 133`d St. and Macadam Road. It is approximately one to two blocks from Interurban Avenue South, and has easy access to I-5 and SR 599. (Please refer to the attached map.) b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? 1)L09-64 and L09-65: Bus lines #154 and #128 run along E. Marginal Way South, less than 1/4 mile away. 2) L09 -067-L10-002: Bus route #128 runs along Interurban Avenue South. c. How many parking spaces would the completed project have? How many would the project eliminate? N/A No project is authorized as a direct result of the Comprehensive Plan amendment/rezone request. No parking plan is provided d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). N/A No project is authorized as a direct result of the Comprehensive Plan amendment/rezone request. Specific details regarding new roadways or roadway improvements will be evaluated at the time when specific projects are submitted. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N/A f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. N/A g. Proposed measures to rean uce or control transportationp any: im acts if : ill 1)L09-64 and L09-65: —The proposed change from MIC/L and LDR does not generate traffic impacts directly. Impact -fee payments will be required once a project is proposed and constructed. 2) L09 -067-L10-002: —The requested Comprehensive Plan amendment/rezone would not generate traffic impacts directly. It would allow housing development to occur. Impact fees will be required from future residential construction. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. 1) L09-64 and L09-65: —The proposed change from MIC/L and LDR to Office does not authorize specific new development, and therefore does not directly generate public services impacts. Modest increases in fire and police service will be required once development occurs. 2) L09 -067-L10-002: The proposed change from Commercial/Light Industrial to Medium Density Residential does not authorize specific new development, and therefore does not directly generate public services impacts. Any future development that results will require fire and police protection. Depending on the number of new residents with children, schools may receive new students. b. Proposed measures to reduce or control direct impacts on public services, if any. N/A 16. Utilities a. Circle utilities currently available at the site: 1) L09-64 and L09-65 Utilties, including sanitary sewer, will need to be extended to the site. Available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system 2) L09 -067-L10-002 Available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. 1) L09-64 and L09-65 The requested Comprehensive Plan map amendment/rezone would allow office uses to be built, but is not a specific project proposal. When a specific project is proposed and approved for construction, water, sanitary sewer, electrical, utilities will be required/installed. After construction, solid waste and telephone utilities will be required. 2)109=067-L10-002 The requested Comprehensive Plan map amendment/rezone would allow residential uses to be built, but is not a specific project proposal. When a specific project is proposed and approved for construction, water, sanitary sewer, electrical, utilities will be required/installed. After construction, solid waste and telephone utilities will be required. • C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: -t' Date Submitted: (NON -PROJECT PROPOSALS (E.G., SUBURBAN PLANS AND ZONING CODE TEXT CHANGES) MUST COMPLETE THE FOLLOWING PAGES). D. SUPPLEMENTAL SHEET FOR NON -PROJECT PROPOSALS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposals be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed changes to the Comprehensive Plan and Zoning Code will not directly increase or decrease water discharge, emissions, hazardous substances or noise. However, they establish the potential for additional development. During construction development is likely to produce additional noise and dust. Proposed measures to avoid or reduce such increases are: Best management practices would be used. Specific measures will depend on future development that occurs on the site. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? L09-64 and L09-65 Future redevelopment resulting m proposed changes to the ComprehensPlan and Zoning Code may result in removal of plants. Landscaping will be placed on the site. L09 -067-L10-002 Future development resulting from proposed changes to the Comprehensive Plan and Zoning Code shall be attentive to the stream, wetland, and associated buffers that are on site, and shall comply with requirements of the Sensitive Areas Ordinance. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Specific measures would be considered as appropriate once specific projects are proposed. Future redevelopment resulting from proposed changes to the Comprehensive Plan and Zoning Code will require landscaping per code, and shall comply with the Sensitive Areas Ordinance. Once a project is proposed, careful site planning will minimize an) impact to plants and animal life. 3. How would the proposal be likely to deplete energy or natural resources? Future redevelopment resulting from proposed changes to the Comprehensive Plan and Zoning Code would require use of energy resources in construction and operation. Proposed measures to protect or conserve energy and natural resources are: N/A Future redevelopment resulting from proposed changes to the Comprehensive Plan and Zoning Code could be developed using LEED certification or similar energy -conserving standards 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitats, historic or cultural sites, wetlands, floodplains, or prime farmlands? L09-64 and L09-65: No specific development is proposed as part of the rezone/Comprehensive Plan amendment proposal. The site is adjacent to the Duwamish Riverbend Hill Park. The park is an open area with interpretive signs and trails. Primary access to the park occurs through the adjacent residential area directly north of the site. The park is primarily separated from the site by topography. The site is within the high impact zone of the Duwamish River. Future development shall be planned to minimize any impacts to the park or the river L09 -067-L10-002: No specific development is proposed as part of the rezone/Comprehensive Plan amendment proposal The site includes a Type 2 watercourse, wetland and buffers. Proposed measures to protect such resources or to avoid or -reduce impacts are: L09-64 and L09-65: No specific development is proposed as part of the rezone/Comprehensive Plan amendment proposal. Careful site and lighting design will minimize the impacts of future development on the adjacent park and rive. L09 -067-L10-002: No speciSevelopment is proposed as part of the re/Comprehensive Plan amendment proposal. Specific future projects will be required to take the presence of the Type 2 stream, Type 2 wetland, hydrology and buffer into account in site design and construction. 4. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed changes would be likely to result in additional development with uses that are consistent with existing plans. Proposed measures to avoid or reduce shoreline and land use impacts are: Careful design review and permitting would limit negative land use impacts. L09-64 and L09-65: Efforts are underway at the adjacent Duwamish Riverbend Hill Park to ensure that habitat restoration for the shoreline portions of the park property is linked to larger efforts to improve environmental quality and resort salmon habitat in Water Resource Inventory Area (WRIA) 9, the Green/Duwamish and Central Puget Sound Watershed. (P. 3, Duwamish Riverbend Hill Master Plan (2007)) 5. How would the proposal be likely to increase demands on transportation or public service and utilities? No specific development is proposed at present. Approval of the requested Comprehensive Plan map amendment and rezone may result in additional development that will require public services, utilities and use of roadways and transit. Proposed measures to reduce or respond to such demand(s) are: None at present. Measures will be considered once specific projects are proposed 7. Identify, if possible, whether the proposal may conflict with Local, State, or Federal laws or requirements for the protection of the environment. No conflicts are anticipated. • City of Tukwila ESA Screening Checklist Control No. Epic File No.E09-006 Fee: Receipt No. ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: Comprehensive Plan/Zoning Code Amendments --2009 2. Name of applicant: City of Tukwila 3. Address and phone number of applicant and contact person: 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 Rebecca Fox (Planner) 206-431-3683 4. Date checklist prepared: June 15, 2009 5. Agency requesting checklist: City of Tukwila 6. Proposed timing or schedule (including phasing, if applicable): July/August 2009 - Planning Commission Public Hearing October 2009- City Council Public Hearing/Adoption November 2009 - Adoption 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Proposed changes to the Comprehensive Plan and Zoning Code will enable new development to occur in a targeted area with alternate development standards, and allow proposed townhomes to be built at an increased desired density. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010\SEPA--#E10-013\E10-013--CHECKLIST.doc 1 • • City of Tukwila ESA Screening Checklist No environmental review has been prepared that specifically addresses these proposals. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. L09-002 & L08-077 Subdivision review, and design review for future townhome development 10. List any government approvals or permits that will be needed for your proposal. Adoption by City Council will require legislative action. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Section E requires a complete description of the objectives and alternates of your proposal and should not be summarized here. The SEPA document evaluates two proposals to amend the Comprehensive Plan and Zoning Code that are under consideration in 2009, including: 1) L08-077 & L09 -002 --Change zoning/comprehensive plan map from Medium Density Residential (MDR) to High Density Residential (HDR) on .25 acres at 3421 S. 144th (Tax#0040000088) 2) L08-081 and L08 -082 --Establish an Urban Renewal Overlay District on approximately 7 blocks along Tukwila International Boulevard in the area designated as the Urban Renewal Zone ("Tukwila International Boulevard Plan— Revitalization and Urban Renewal"—January, 2000) with alternate development standards and criteria intended to ensure compact, transit -friendly development. The alternate development standards and criteria are as follows; Proposed Development Standards (1) Allow building heights up to 65 feet in the Urban Renewal Overlay District. The existing Neighborhood Commercial Center (NCC) setback standards shall be followed per TMC 18.22.080. (2) Allow multi -family parking standards to be one parking space per each dwelling unit that contains up to one bedroom plus 0.5 spaces for every bedroom in excess of one bedroom in a dwelling unit. Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 2 • • City of Tukwila ESA Screening Checklist (3) Allow the maximum number of dwelling units to be determined by the building envelope thus eliminating a specific limit on the number of residential dwelling units. Additionally, require units to contain at least 500 square feet of interior floor space and allow no more than 50% of the dwelling units to be studios. (4) Allow live/work space on the ground floor to meet the NCC requirement for ground floor retail or office space if the live/work space is built to commercial building code standards with a typical retail store front appearance. (5) Allow ground floor residential uses in the NCC zone in buildings or portions of buildings that do not front on an arterial. Proposed Qualification Criteria The Urban Renewal Overlay District's proposed development standards would apply if the owner/developer requests, and if all the following criteria are met: (1) At least 100 feet of the development's perimeter fronts on Tukwila International Boulevard (2) At least 75% of required residential parking is provided in an enclosed structure (garage or podium). The structure must be screened from view from public rights of way. (3) The ground floor along Tukwila International Boulevard must be active uses except for the width of the garage access. (4) Residential and commercial tenant leases must prohibit parking on neighborhood streets. (5) Residential development must encourage tenants to use a car sharing program and make one space available at no charge to a car sharing program (if available) for every 50 spaces on site. (6) Development must provide amenities to enable a high quality pedestrian experience (retail windows, pedestrian scale design along sidewalks, wide sidewalks, pedestrian access through site, benches, art, landscaping and lighting, quality of materials, etc.) 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 3 • • City of Tukwila ESA Screening Checklist range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans- submitted with any permit applications related to this checklist. The proposed Comprehensive Plan amendments and Zoning Code/Map changes are located as follows: 1) File # L08-077 & L09-002-3421 S. 144th St. (Tax#0040000088) 2) File #L08-081 & L08-082-7 blocks along Tukwila International Boulevard, bounded by S. 140th on the northern edge, 37th Avenue S. on the western edge, S. 146th St. on the south and 42nd Avenue S. on the east. 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? 1) File # L08-077 & L09-002—No environmentally sensitive areas 2) File #L08-081 & L08-082— Wetland 26 (Type 3/50' buffer) is located immediately east of the subject area. A portion of the 50'buffer is located in the subject area. Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 4 • • City of Tukwila ESA Screening Checklist B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: 1. L08-077 and L09-002—Flat 2. L08-081 and L08-082—Generally flat with some slopes b. What is the steepest slope on the site (approximate percent slope)? 1) (#L08-077 & L09-002) Maximum slopes are approximately 5% 2) #L08-082 and L08 -092 --Several isolated areas classified as "Type 2 slopes" i.e. "Landslide potential is moderate; slope is between 15% and 40% and underlain by relatively permeable soils." c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. N/A d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. N/A No construction is directly authorized by these proposals. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. N/A No grade and fill is directly authorized through these requested amendments. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. N/A No construction is directly authorized by these proposed amendments. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A These proposals do not directly authorize construction. Impervious surfaces will depend on the projects that occur once the proposals are adopted. Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010\SEPA--#E10-013\E10-013--CHECKLIST.doc 5 • • City of Tukwila ESA Screening Checklist h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N/A. These proposals do not directly authorize construction. Standard BMP's (i.e. silt fence, stabilized construction entrance, mulching, etc.) will be employed for any new construction that occurs as a result of these proposals. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. N/A No emissions will result as a direct result of the proposed amendments. Eventual construction could produce dust, heavy equipment exhaust. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. N/A No off-site sources of emissions or odor are known at this time. No construction is planned immediately as a result of these proposals. c. Proposed measures to reduce or control emissions or other impacts to air, if any: No construction is immediately authorized as a result of these proposals. The Urban Renewal Overlay (L08-081 and L08-082) stresses compact development with reduced parking requirements. If construction occurs as a result of these proposals, auto emissions and impacts to air quality could be controlled through increased reliance on public transportation. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. 1) There are no bodies of water in proximity to L08-077 & L09-002 MDR to HDR. 2) Wetland #26 (Type 3 with 50' buffers) is immediately adjacent to the boundary of #L08-081 & L08-082 Urban Renewal Overlay near the southwest corner of the intersection of S. 144th and 42nd Avenue S. Hydrology from the Overlay District drains into the wetland, which is located in a single- Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 6 City of Tukwila ESA Screening Checklist family area . Portions of the 50' wetland buffer are located in the Overlay District. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. 1) There are no bodies of water in proximity to #L08-077 & L09-002 MDR to HDR. 2) No specific development plans are associated with #L08-081 & L08- 082 Urban Renewal Overlay. The wetland and its hydrology will be considered at the time when applications for specific projects are received and reviewed. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A No construction is authorized as a result of the proposed changes and code revisions. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. N/A No construction is authorized as a result of the proposed changes and code revisions. 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. N/A The proposal does not lie within a 100 -year floodplain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A The proposal does not involve any discharges of waste materials to surface waters. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 7 City of Tukwila ESA Screening Checklist N/A No surface water will be withdrawn or water discharged into ground water as a direct or indirect result of the proposals. 2) Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. N/A No construction is scheduled as a direct result of these proposed amendments. Once development occurs, form new impervious areas would be collected and treated prior to release from site per KCSWDM. 2) Could waste materials enter ground or surface waters? If so, generally describe. N/A No construction is authorized as a direct result of these proposals. Once development occurs, runoff from new impervious areas would be collected and treated prior to release from site per KCSWDM. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: N/A 4. Plants a. Check or circle types of vegetation found on the site: x deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other x Shrubs x Grass Pasture crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010\SEPA--#E10-013\E10-013--CHECKLIST.doc 8 • City of Tukwila ESA Screening Checklist other types of vegetation b. What kind and amount of vegetation will be removed or altered? None. When development occurs, scattered trees, shrubs and some grass will be removed. c. List threatened or endangered species known to be on or near the site. N/A No threatened/endangered species are known to be near the known sites. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: N/A Future development will be landscaped. 5. Animals a. Circle any birds or animals which have been observed on or near the site or are known to be on or near the site: N/A Birds:. Songbirds Mammals: Squirrels, rodents Fish: Other: b. List any threatened or endangered species known to be on or near the site. N/A c. Is the site part of a migration route? If so, explain. N/A d. Proposed measures to preserve or enhance wildlife, if any: N/A Landscaping on future development could provide shelter for wildlife. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A Future development will require electricity, natural gas. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A Future development will meet height and setback standards. Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010\SEPA--#E10-013\E10-013--CHECKLIST.doc 9 • • City of Tukwila ESA Screening Checklist c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A Future development will meet energy codes. It is hoped that future development will employ "green" building techniques. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. N/A Future development will meet all code requirements. 1) Describe special emergency services that might be required. N/A Future development is not anticipated to require special emergency services. 2) Proposed measures to reduce or control environmental health hazards, if any: N/A Future development is not anticipated to require special measures to control environmental health hazards. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? N/A Traffic noises exist throughout the city. 2) What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. N/A Future development would generate construction noise from equipment and vehicles during the building phase. 3) Proposed measures to reduce or control noise impacts, if any: N/A Future short-term construction noise could be controlled through limiting hours of operation. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Rf 9:55:10 AM04/13/2011 10 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc • City of Tukwila ESA Screening Checklist 1) #L08-077 and L09' 002 The site is currently vacant. Adjacent uses include two single family homes, a vacant lot and several apartment buildings. 2) #L08-081 and L08-082—Current uses include vacant land, retail, commercial. Adjacent uses include retail, multi -family residential, single- family residential, library and high school. b. Has the site been used for agriculture? If so, describe. N/A c. Describe any structures on the site. 1) #L08-077 and L09-002—The site is vacant. 2) #L08-081 and L08-082—The seven block site contains a range of structures including retail, fast food, grocery store, restaurant, commercial, library and residential . d. Will any structures be demolished? If so, what? 1) #L08-077 and L09-002—The site is vacant. 2) #L08-081 and L08-082—No structures will be demolished as a direct result of the proposed overlay district and code revisions. Structures may be demolished for eventual redevelopment. e. What is the current zoning classification of the site? 1) #L08-077 and L09-002—Current zoning is Medium Density Residential (MDR) 2) #L08-081 and L08-082—Current zoning includes Medium Density Residential (MDR), High Density Residential (HDR) and Neighborhood Commercial Center (NCC). f. What is the current comprehensive plan designation of the site? 1) #L08-077 and L09-002—Current Comprehensive Plan designation is Medium Density Residential (MDR) g• 2) #L08-081 and L08-082—Current Comprehensive Plan designation includes Medium Density Residential (MDR), High Density Residential (HDR) and Neighborhood Commercial Center (NCC). If applicable, what is the current shoreline master program designation of the site? Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 11 • • City of Tukwila ESA Screening Checklist N/A h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. 1) #L08-077 and L09-002—N/A 2) #L08-082 and L08-092- 1. Several isolated areas classified as "Type 2 slopes" i.e. "Landslide potential is moderate; slope is between 15% and 40% and underlain by relatively permeable soils." 2. Wetland 26 is immediately adjacent to the Overlay District, in the vicinity of the southwest portion of the intersection of S. 146th and 42nd Avenue S. Portions of the 50' buffer lie within the Overlay District. 1• Approximately how many people would reside or work in the completed project? 1) #L08-077 and L09-002—No construction activity is authorized as a direct result of the proposed Comprehensive Plan change/Rezone. The requested change from MDR to HDR would allow approximately four additional units to be built on the site as phase two of a townhome project currently under review. 2) #L08-081 and L08-082— No construction activity is authorized as a direct result of the proposed Comprehensive Plan change/Rezone. The proposed changes is intended to spur new development and redevelopment that includes additional retail and multi -family residential uses, some of which would be in a "mixed-use" format. Approximately how many people would the completed project displace? No construction activity is authorized as a direct result of the proposed Comprehensive Plan changes/Rezones. 1) #L08-077 and L09-002—The vacant property is the site of a former meth house. 2) #L08-081 and L08-082—Proposed changes would add an overlay with alternative development regulations and criteria to the existing zoning. Eventual redevelopment, including residential redevelopment, may occur. k. Proposed measures to avoid or reduce displacement impacts, if any: No construction activity is authorized as a direct result of the proposed Comprehensive Plan changes/Rezones. 1) #L08-077 and L09-002—The Comprehensive Plan change/Rezone request results from a townhome proposal. New housing would be constructed. Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 12 • • City of Tukwila ESA Screening Checklist 2) #L08-081 and L08-082—No development is proposed. No measures to avoid displacement are needed at this point. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: 1) #L08-077 and L09-002—The proposal for MDR to HDR was initiated to allow additional units to be built as Phase 2 of a project that is currently under design review. The proposed changes are consistent with existing and proposed land uses. 2) #L08-081 and L08-082—The proposed Urban Renewal Overlay District is the same area that was designated as an Urban Renewal Zone in the 2000 "Tukwila International Boulevard Redevelopment Plan". It is a primary target area for redevelopment, and the proposed alternative development standards are consistent with existing and proposed land uses. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing? 1) #L08-077 and L09-002—The proposed change would increase the allowable housing density from 14.5 units/acre to 22 units/acre. The site being reviewed as part of a middle-income townhome project with an anticipated total of approximately 31 units. 2) #L08-081 and L08-082— No construction activity is authorized as a direct result of the proposed Comprehensive Plan changes/Rezones. The proposed alternate development standards encourage additional development of multi -family housing by reducing the required number of parking spaces, and allowing studio units to make development more feasible economically. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. 1) #L08-077 and L09-002—The site of the proposed MDR to HDR rezone is currently vacant. 2) #L08-081 and L08-082—The proposed Urban Renewal Overlay District is intended to spur redevelopment, but does not authorize specific construction or demolition (i.e. elimination of housing) to occur. Future redevelopment is expected to add housing. c. Proposed measures to reduce or control housing impacts, if any: 1) #L08-077 and L09-002—The request allows increased housing density on the rezone site. Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 13 • • City of Tukwila ESA Screening Checklist 2) #L08-081 and L08-082—The proposed alternative development standards in the Urban Renewal Overlay District would potentially allow additional housing to be built as follows: • Building heights up to 65' with setbacks to existing Neighborhood Commercial Center (NCC) standards • Reduced multi -family parking standards (i.e. one parking space per dwelling unit that contains up to one bedroom plus .5 spaces for every bedroom in excess of one bedroom per unit) • Allow the maximum number of dwelling units to be determined by the building envelope, and eliminating a specific limit on the number of residential dwelling units • Live/work spaces on the ground floor of the NCC zone if built to commercial standards • Ground floor residential uses in NCC zones in buildings that do not front on an arterial. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? 1) #L08-077 and L09-002-45' is the maximum allowable building height in the HDR zone. 2) #L08-081 and L08-082-65' is the proposed maximum allowable building height in the future Urban Renewal Overlay District. No specific construction is proposed at this time. b. What views in the immediate vicinity would be altered or obstructed? 1) #L08-077 and L09-002—No views would be altered or obstructed. 2) #L08-081 and L08-082—No views would be altered or obstructed. c. Proposed measures to reduce or control aesthetic impacts, if any: 1) #L08-077 and L09-002—Any projects in the HDR would be subject to design review. 2) #L08-081 and L08-082—The Urban Renewal Area Overlay District is in the Tukwila International Boulevard Corridor, and future development would be subject to design review in keeping with the Tukwila International Boulevard Design Guidelines. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Rf 9:55:10 AM04/13/2011 14 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc • • City of Tukwila ESA Screening Checklist 1) #L08-077 and L09-002—Future residential development in the HDR zone would produce lights from windows, street lighting and additional vehicle traffic. 2) #L08-081 and L08-082—Future development could produce light from commercial and residential windows, shared public spaces, street lights, signage and additional traffic. b. Could light or glare from the finished project be a safety hazard or interfere with views? 1) #L08-077 and L09-002—Not anticipated. 2) #L08-081 and L08-082—Not anticipated c. What existing off-site sources of light or glare may affect your proposal? 1) #L08-077 and L09-002—Adjacent apartments, single-family residences, street lights and vehicles could shed light on the property. 2) #L08-081 and L08-082-- Adjacent apartments, commercial structures, street lights and vehicles could shed light on the proposed overlay district d. Proposed measures to reduce or control light and glare impacts, if any: N/A Best practices will be utilized to control future light impacts if needed. 12. Recreation a. What designed and informal recreational opportunities are in the immediate vicinity? 1) #L08-077 and L09-002—Cascade View Community Park is located at 37th Avenue S. and S. 142nd Street. 2) #L08-081 and L08-082—Several recreational opportunities are located within a several block radius of the proposed overlay area, including: • Cascade View Community Park, located at 37th Avenue S. and S. 142nd Street; • Tukwila Pool at 4414 S. 144th, • Playfields at Foster High School. b. Would the proposed project displace any existing recreational uses? If so, describe. 1) #L08-077 and L09-002—No Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 15 • • City of Tukwila ESA Screening Checklist 2) #L08-081 and L08-082—No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: 1) #L08-077 and L09-002—Future multi -family residential development would require landscaped common play areas per code. 2) #L08-081 and L08-082-- Future multi -family residential development would require landscaped common play areas per code. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. 1) #L08-077 and L09-002—No 2) #L08-081 and L08-082—No b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. 1) #L08-077 and L09-002—None 2) #L08-081 and L08-082—None c. Proposed measures to reduce or control impacts, if any: N/A 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. 1) #L08-077 and L09 -002—S. 144th to the north (arterial) and 34th Avenue S. to the west (collector). See attached map. 2) #L08-081 and L08-082—The proposed Urban Renewal Overlay District is well -served by a road network. Tukwila International Boulevard runs north -south through the area. S. 146th and S. 144th run east -west. See attached map. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? 1) #L08-077 and L09-002—The site is served by transit along S. 144th. Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 16 • • City of Tukwila ESA Screening Checklist 2) #L08-081 and L08-082—The proposed Urban Renewal Overlay District is served by transit along Tukwila International Boulevard and S. 144th. c. How many parking spaces would the completed project have? How many would the project eliminate? 1) #L08-077 and L09-002—Tukwila Municipal Code 18.56.065. requires two off-street parking spaces for each dwelling unit which contains up to three bedrooms. Each unit in a townhouse development shall have an attached garage with parking for at least one vehicle or a parking space in an underground garage. 2) #L08-081 and L08-082—No specific development is proposed. The proposed alternate development standards for the Urban Renewal Overlay District would allow multi -family parking standards to be one parking space per each dwelling unit that contains up to one bedroom, plus 0.5 spaces for every bedroom in excess of one bedroom in a dwelling unit. Other parking standards are per the existing Zoning Code, figure 18-7. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). 1) #L08-077 and L09-002—The rezone request from MDR to HDR does not require road improvements. The rezone site may be part of a 31 unit townhouse project that includes a private access road. 2) #L08-081 and L08-082—No specific construction project is included in the request for an Urban Renewal Overlay District and alternate development standards. Specific development proposals will be evaluated when they are submitted. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Light rail is located at S. 154th and Tukwila International Boulevard. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. 1) #L08-077 and L09-002—N/A 2) #L08-081 and L08-082—N/A g. Proposed measures to reduce or control transportation impacts, if any: 1) #L08-077 and L09-002—The proposed change from MDR to HDR does not generate traffic impacts directly. It allows additional housing units to be built on a specific site. Impact fee payments will be required once housing is proposed and constructed. Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 17 • • City of Tukwila ESA Screening Checklist 2) #L08-081 and L08-082—Adopting the proposed Urban Renewal Overlay and alternate development standards would not generate traffic impacts directly. It would allow development to occur with alternate development standards, including reduced parking requirements. This could result in increased dependence on transit or car share. Impact fee payments will be required from future residential construction. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. 1) #L08-077 and L09-002—Higher zoning density will allow approximately two more housing units to be built than the current zoning permits, which will result in a modest, proportional increase in need for public services. 2) #L08-081 and L08-082—Establishing an Urban Renewal Overlay District with alternate development regulations is intended to spur mixed-use residential and commercial projects. Added development that results will require fire and police protection. Depending on the number of new residents with children, schools may receive increased numbers of students. b. Proposed measures to reduce or control direct impacts on public services, if any. 1) #L08-077 and L09-002—None at this time 2) #L08-081 and L08-082—None at this time 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. 1) #L08-077 and L09-002—Electricity, natural gas, water, refuse service, telephone, sanitary sewer 2) #L08-081 and L08-082-- Electricity, natural gas, water, refuse service, telephone, sanitary sewer b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. 1) #L08-077 and L09-002—The rezone will allow additional housing units to be built, but is not a project in itself. The area is served by Water District 125 and ValVue Sewer. Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 18 • • City of Tukwila ESA Screening Checklist #2) L08-081 and L08-082—No project is proposed at present. The area is served by Water District 125 and ValVue Sewer. Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 19 1 • City of Tukwila ESA Screening Checklist C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: D. SUPPLEMENTAL SHEET FOR NON PROJECT ACTIONS (Do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result form the proposal, would affect the item at a greater intensity or at a faster rate than in the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed changes to the Comprehensive Plan and Zoning Code will not directly increase or decrease water discharge, emissions, hazardous substances or noise. However, they establish the potential for additional and more intensive development. During construction development is likely to produce additional noise and dust. Proposed measures to avoid or reduce such increases are: Best management practices would be used. Specific measures will depend on future development that occurs on the site. 2. How would the proposal be likely to affect plants, animals, fish or marine life? Future redevelopment resulting from proposed changes to the Comprehensive Plan and Zoning Code may result in removal of plants. Proposed measures to protect or conserve plants, animals, fish or marine life are: Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010\SEPA--#E10-013\E10-013--CHECKLIST.doc 20 1 • City of Tukwila ESA Screening Checklist Specific measures would be considered as appropriate once specific projects are proposed. Future redevelopment resulting from proposed changes to the Comprehensive Plan and Zoning Code will require landscaping per code. 3. How would the proposal be likely to deplete energy or natural resources? Future redevelopment resulting from proposed changes to the Comprehensive Plan and Zoning Code would require use of energy in construction and operation. Proposed measures to protect or conserve energy and natural resources are: N/A Future redevelopment resulting from proposed changes to the Comprehensive Plan and Zoning Code could be developed using LEED certification or similar energy -conserving standards. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for government protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? L08-081 and L08-082 are adjacent to Wetland 26, and portions of the 50' buffer are on the property. Proposed measures to protect such resources or to avoid or reduce impacts are: No specific development is proposed as part of the rezone/Comprehensive Plan amendment proposal. Specific future projects proposed for the vicinity of L08-081 and L08-082 Urban Renewal Overlay district will be required to take the presence of the wetland, its hydrology and buffer into account in design and construction. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incomplatible with existing plans? The proposed changes would be likely to result in more intensive development with uses that are consistent with existing plans. Proposed measures to avoid or reduce shoreline and land use impacts are: Careful design review and permitting would limit negative land use impacts. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal for a rezone from Medium Density Residential (MDR) to High Density Residential (HDR), and the proposal for an Urban Renewal Overlay Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 21 • • City of Tukwila ESA Screening Checklist District with alternate development standards would allow more intensive development with potential increased demands on public services. Proposed measures to reduce or respond to such demand(s) are: None at present. Measures will be considered once specific projects are proposed. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. N/A Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010\SEPA--#E10-013\E10-013--CHECKLIST.doc 22 • • City of Tukwila ESA Screening Checklist F. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT PROPOSALS The objectives and the alternative means of reaching the objectives for a proposal will be helpful in reviewing the foregoing items of the Environmental Checklist. This information provides a general overall perspective of the proposed action in the context of the environmental information provided and the submitted plans, documents, supportive information, studies, etc. 1. What are the objectives of the proposal? 1) #L08-077 and L09-002—The objective of the proposed change from Medium Density Residential to High Density Residential is to allow for a zero lot line townhouse to be built on a 2, 000 sf lot instead of a 3,000 sf lot as the current zoning requires. 2) #L08-081 and L08-082—The objective of the proposal is to encourage the redevelopment of distressed areas (i.e. the Urban Renewal area on Tukwila International Boulevard) with a compact, transit -oriented development pattern with mixed-use development, neighborhood -serving services and retail, and more pedestrian friendly site design, 2. What are the alternative means of accomplishing these objectives? 1) #L08-077 and L09 -002—a) Change the zoning code itself to allow 2, 000 sf lot with zero lot line in MDR; b) Possible development agreement 2) #L08-081 and L08 -082—a) Change the development standards via development agreements for specific projects along Tukwila International Boulevard; b) change the development standards in entire zones to include the alternate standards. 3. Please compare the alternative means and indicate the preferred course of action: 1) #L08-077 and L09-002—It is preferable to change the zoning/Comprehensive Plan designation at the specific site, rather than making changes to development standards for an entire zone. The site-specific request is appropriate because it is part of a proposed development project that is being built at the site of a former meth house. 2) #L08-081 and L08-082—Instituting a specific overlay district with alternate development requirements is the preferred and most efficient means to encourage desired redevelopment in designated Urban Renewal Area along Tukwila International Boulevard. Negotiating a specific development agreement for each development would not provide the desired certainty for the developer or the community, and changing the development requirements for entire zones is too broad an approach. Rf 9:55:10 AM04/13/2011 23 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc • • City of Tukwila ESA Screening Checklist 4. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? No 5. Proposed measures to avoid or reduce the conflict(s) are: Existing policies that call for more varied housing ownership opportunities, and encourage redevelopment on Tukwila International Boulevard support the two proposals. City of Tukwila Endangered Species Act Screening Checklist Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010\SEPA--#E10-013\E10-013--CHECKLIST.doc 24 • • City of Tukwila ESA Screening Checklist Date: Tune 15, 2009 Applicant Name: City of Tukwila Street Address: 6300 Southcenter Blvd., Suite 100 City, State, Zip: Tukwila, WA 98188 Telephone: 206-431-3683 DIRECTIONS This Screening Checklist has been designed to evaluate the potential for your project to result in potential "take" of chinook salmon, coho salmon, or cutthroat trout as defined by Section 9 of the Endangered Species Act. The checklist includes a series of "Yes" or "No" questions about your project, organized into four parts. Starting with Part A on Page 1, read each question carefully, circle "Yes" or "No," and proceed to the next question as directed by the checklist. To answer these questions, you may need to refer to site plans, grading and drainage plans, critical areas studies, or other documents you have prepared for your project. The City will evaluate your responses to determine if "take" is indicated. rt A: Please review and answer each question carefully. Consider all phases of your project including, but not limited to, construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes answer. 1-0 Will the project require any form of grading? Grading is defined as any excavating, filling, clearing, or creation of impervious surface, or any combination thereof, which alters the existing ground surface of the earth (see Tukwila Municipal Code (TMC) Chapter 18.06, Zoning Code, Page 18-11). Please circle appropriate response. No NO - Continue to Question 2-0 YES - Continue to Question 1-1 (Page 3) 2-0 Will the project require any form of clearing? Clearing means the removal or causing to be removed, through either direct or indirect actions, any vegetation from a site (see Chapter 18.06, Page 18-8). Please circle appropriate response. No NO - Continue to Question 3-0 YES - Continue to Question 2-1 (Page 4) Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 25 • City of Tukwila ESA Screening Checklist 3-0 Will the project require work, during any time of the project, below the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers or in wetlands? Ordinary high water mark is the mark that is found by examining the bed and banks of a stream and ascertaining where the presence and action of waters are so common and usual as to distinctly mark the soil from that of the abutting upland, in respect to vegetation (see TMC Chapter 18.06, Page 18-15). Please circle appropriate response. No NO - Continue to Question 4-0 YES - Continue to Question 3-1 (Page 5) 4-0 Will the project result in the processing or handling, storage, or treatment of hazardous substances? This does not include the proper use of fuel stored in a vehicle's fuel tank. Hazardous substances are any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits the characteristics or criteria of hazardous waste as defined by Washington Administrative Code 173-303 (see TMC Chapter 18.06, Tukwila Zoning Code, Page 18-11). This includes fuel or other chemicals stored on-site during construction. Please circle appropriate response. No NO - Continue to Question 5-0 YES - Continue to Question 5-0 5-0 Will the project result in the withdrawal, injection, or interception of groundwater? Examples of projects that may affect groundwater include, but are not limited to: construction of a new well, change in water withdrawals from an existing well, projects involving prolonged construction dewatering, projects installing French drains or interceptor trenches, and sewer lines. For the purpose of this analysis, projects that require a geotechnical report pursuant to the requirements of TMC 18.45.060 and 18.45.080E.4, or would require a geotechnical report if not exempt under TMC 18.45.080A, should answer Yes. Please circle appropriate response. No NO - Continue to Question 6-0 YES - Continue to Question 6-0 Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 26 • City of Tukwila ESA Screening Checklist Part A (continued) 6-0 Will the project involve landscaping or re -occurring outdoor maintenance that includes the regular use of fertilizers, pesticides, or herbicides? This does not include the one-time use of transplant fertilizers. Landscaping means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use of the land (see TMC Chapter 18.06, Tukwila Zoning Code, Page 18- 13). For the purpose of this analysis, this includes the establishment of new lawn or grass. Please circle appropriate response. No NO — Checklist Complete YES — Checklist Complete Part B: Please answer each question below for projects that include grading. Review each question carefully, considering all phases of your project including, but not limited to construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes answer. 1-1 Will the project involve the modification of a watercourse bank or bank of the Green/Duwamish or Black Rivers between the ordinary high water mark and top of bank? This includes any projects that will require grading on any slope leading to a river or stream, but will not require work below the ordinary high water mark. Work below the ordinary high water mark is covered in Part C. Please circle appropriate response. No NO - Continue to Question 1-2 YES - Continue to Question 1-2 1-2 Could the construction, operation, or maintenance of the project result in sediment transport off site or increased rates of erosion and/or sedimentation in watercourses, the Green/Duwamish rivers, or the Black River? Most projects that involve grading have the potential to result in increased erosion and/or sedimentation as a result of disturbances to the soil or earth. If your project involves grading and you have not prepared a Temporary Erosion and Sedimentation Control Plan specifically designed to retain 100 percent of the runoff (including during construction) from impervious surface or disturbed soils, answer Yes to this question. If your project is normally exempt under the Tukwila Municipal Code and would not require the preparation of a Temporary Erosion and Sedimentation Control Plan, BUT may still result in erosion or sediment transport off site or beyond the work area, answer Yes to this question. Please circle appropriate response. No NO - Continue to Question 1-3 YES - Continue to Question 1-3 1-3 Will the project result in the construction of new impervious surfaces? Impervious surfaces include those hard surfaces which prevent or restrict the entry of water into the soil in the manner that such water entered the soils under natural conditions prior to development; or a hard surface area that causes water to run off the surface in greater quantity or at an increased rate of flow from the flow presented under natural conditions prior to development (see TMC Chapter 18.06, Tukwila Zoning Code, Page 18-12). Such areas include, but are not limited to, rooftops, asphalt or concrete paving, compacted surfaces, or other surfaces that similarly affect the natural infiltration or runoff patterns existing prior to development. Please circle appropriate response. No NO - Continue to Question 2-0 (Page 2) YES - Continue to Question 1-4 Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010\SEPA--#E10-013\E10-013--CHECKLIST.doc 27 • City of Tukwila ESA Screening Checklist Part B (continued) 1-4 Will your project generate stormwater from the creation of impervious surfaces that will not be infiltrated on site? For the purpose of this analysis, infiltration includes the use of a stormwater treatment and management system intended to contain all stormwater on site by allowing it to seep into pervious surface or through other means to be introduced into the ground. If your project involves the construction of impervious surface and does not include the design of a stormwater management system specifically designed to infiltrate stormwater, answer Yes to this question. Please circle appropriate response. N/A NO - Continue to Question 2-0 (Page 2) YES - Continue to Question 2-0 (Page 2) Part C: Please review each question below for projects that include clearing. Review each question carefully, considering all phases of your project including, but not limited to construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes answer. 2-1 No Will the project involve clearing within 200 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? Please circle appropriate response. NO - Continue to Question 3-0 (Page 2) YES - Continue to Question 2-2 2-2 Will the project involve clearing of any trees within 200 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? A tree is defined by TMC 18.06.845 as any self-supporting woody plant, characterized by one main trunk, with a potential diameter -breast -height of 2 inches or more and potential minimum height of 10 feet. Please circle appropriate response. NO - Continue to Question 2-4 YES - Continue to Question 2-3 2-3 Will the project involve clearing of any evergreen trees from within 200 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis evergreen means any tree that does not regularly lose all its leaves or needles in the fall. Please circle appropriate response. NO - Continue to Question 2-4 YES - Continue to Question 2-4 2-4 Will the project involve clearing within 100 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? Please circle appropriate response. NO - Continue to Question 3-0 (Page 1) YES - Continue to Question 2-5 2-5 Will the project involve clearing within 40 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? Please circle appropriate response. NO - Continue to Question 3-0 (Page 2) YES - Continue to Question 3-0 (Page 2) Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010\SEPA--#E10-013\E10-013--CHECKLIST.doc 28 City of Tukwila ESA Screening Checklist Part D: Please review each question below for projects that include work below the ordinary high water mark of watercourses or the Duwamish/Green or Black Rivers or in wetlands. Review each question carefully, considering all phases of your project including, but not limited to, construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes answer. 3-1 No Will the project involve the direct alteration of the channel or bed of a watercourse, the Green/Duwamish rivers, or Black River? For the purpose of this analysis, channel means the area between the ordinary high water mark of both banks of a stream, and bed means the stream bottom substrates, typically within the normal wetted -width of a stream. This includes both temporary and permanent modifications. Please circle appropriate response. NO - Continue to Question 3-2 YES - Continue to Question 3-2 3-2 No Will the project involve any physical alteration to a watercourse or wetland connected to the Green/Duwamish River? For the purpose of this analysis, "connected to the river means" flowing into via a surface connection or culvert, or having other physical characteristics that allow for access by salmonids. This includes impacts to areas such as sloughs, side channels, remnant oxbows, ditches formed from channelized portions of natural watercourses or any area that may provide off channel rearing habitat for juvenile fish from the Duwamish River. This includes both temporary construction alterations and permanent modifications. Watercourses or wetlands draining to the Green/Duwamish River that have a hanging culvert, culvert with a flap gate, diversion, or any entirely man-made or artificial structure that precludes fish access should answer Yes to this question. Please circle appropriate response. NO - Continue to Question 3-3 YES - Continue to Question 3-3 3-3 No Will the project result in the construction of a new structure or hydraulic condition that could be a barrier to salmonid passage within the watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis, a barrier means any artificial or human modified structure or hydraulic condition that inhibits the natural upstream or downstream movement of salmonids, including both juveniles and adults. Please circle appropriate response. NO - Continue to Question 3-4 YES - Continue to Question 3-4 3-4 No Will the project involve a temporary or permanent change in the cross-sectional area of a watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis, the cross-sectional area is defined as a profile taken from the ordinary high water mark on the right bank to the ordinary high water mark on the left bank. Please circle appropriate response. NO - Continue to Question 3-5 YES - Continue to Question 3-5 3-5 No Will the project require the removal of debris from within the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis, debris includes, but is not limited to fallen trees, logs, shrubs, rocks, piles, rip -rap, submerged metal, and broken concrete or other building materials. Projects that would require debris removal from a watercourse or the Green/Duwamish or Black Rivers as part of a maintenance activity should answer Yes to this question. Please circle appropriate response. NO - Continue to Question 3-6 YES - Continue to Question 3-6 Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010\SEPA--#E10-013\E10-013--CHECKLIST.doc 29 City of Tukwila ESA Screening Checklist Part D (continued) 3-6 Will the project result in impacts to watercourses or wetlands that have a surface connection to another watercourse or the Green/Duwamish or Black Rivers but do not contain habitat conditions that support salmonid use? Such areas may include, but not be limited to hillside seeps and wetlands isolated from the watercourse or river that have a surface water connection to the watercourse or river but are not assessable, nor would be assessable to salmonids under natural conditions. Wetlands with a "functions and values" rating for baseflow/groundwater support of 9 and above (or moderate) as described in Cooke (1996) should be included. Please circle appropriate response. No NO - Continue to Question 3-7 YES - Continue to Question 3-7 3-7 Will the project include the construction of artificial waterways or wetlands connected to a watercourse containing salmonids? For the purpose of this analysis, the construction of artificial waterways or wetlands includes wetlands, channels, sloughs, or other habitat feature created to enhance wildlife use, particularly waterfowl use, or may be attractive to wildlife, particularly waterfowl. Please circle appropriate response. No NO - Continue to Question 3-8 YES - Continue to Question 3-8 3-8 Will the project include bank stabilization? For the purpose of this analysis, bank stabilization includes, but is not limited to, rip -rap, rock, log, soil, or vegetated revetments, concrete structures, or similar structures. Please circle appropriate response. No NO - Continue to Question 4-0 (Page 2) YES - Continue to Question 4-0 (Page 2) Rf 9:55:10 AM04/13/2011 H:\COMP PLAN 2009-2010 \ SEPA--#E10-013 \ E10-013--CHECKLIST.doc 30 Evaluation Form (City Use) The following questions and evaluation matrix are intended to provide threshold information for your project or action that is specific to the location of the project or action relative to salmonid -bearing watercourses or rivers in the City of Tukwila. If you answered Yes to any questions on the screening checklist, please answer the following questions. N/A ADDITIONAL INFORMATION Will the project or action occur in the drainage basin for Gilliam Creek, Southgate Creek, Pal Creek, or Riverton Creek? (circle answer) Yes Continue to Al. No Continue to A2. AI. Is your project or action in that portion of the drainage basins upstream of the general salmonid range of these watercourses as shown on the City's outfall map? (circle answer) Yes Check Path A Below. No Check Path B Above. A2. Will the project or action drain or outfall directly to the Duwamish/ Green River or Black River without first draining to a separate watercourse? (circle answer) Yes Check Path C Below. No Continue to A-3. A3. You have indicated that the project or action is located in a drainage basin containing a watercourse that does not support salmonid fish use. Do you have specific knowledge that indicates that salmonid fish -use occurs in this watercourse? (circle answer) Yes Check Path B Below. No Check Path A Below. ❑'Path A,' ❑ Path B =,' ❑ Path C Once you have checked the appropriate box, proceed to the evaluation matrix on the following page. Page 1 . • ENVIRONMENTAL CHECKLIST EVALUATION MATRIX The following matrix evaluates the project or action's potential for take based on all of your answers to the questions in the screening checklist. The matrix is organized using the same question levels as the screening checklist. Based on the box you checked at the end of the preceding page, follow the appropriate path across the matrix (Path A, B, or C), circling or shading the appropriate box for each question. Numbers provided in parentheses ( ) refer to the rationale for the determination of "no -take" or "take". Refer to the Rationale section, below, for an explanation. Section 1 is question on the screening checklist addresses the discharge of stormwater to another basin. Fish presence at thes e in the receiving basin should be evaluated. Section 2 Evaluation Matrix Questions and Answers From Screening Checklist Path 1-1 Yes 1-2 Yes Path A No take indicated (1) Take of coho, cutthroat, and chinook is indicated (3) Path B Take of coho and cutthroat is indicated (2) Take of coho, cutthroat, and chinook is indicated (2)(3) Path C Take of coho, cutthroat, and chinook is indicated (2) Take of coho, cutthroat, and chinook is indicated (2)(3) is question on the screening checklist addresses the discharge of stormwater to another basin. Fish presence at thes e in the receiving basin should be evaluated. Section 2 Evaluation Matrix Page 2 Questions and Answers from Screening Checklist Path 2-3 Yes 2-4 Yes 2-5 Yes Path A No Take indicated (1)(4) No Take indicated (1)(4) Take of coho, cutthroat, and chinook is indicated (2)(3) Path B Take of coho and cutthroat is indicated (2)(3) Take of coho and cutthroat is indicated (2)(3) Take of coho, cutthroat, and chinook is indicated (2)(3) Path C Take of coho, cutthroat, and chinook is indicated (2) Take of coho, cutthroat, and chinook is indicated (2) Take of coho, cutthroat, and chinook is indicated (2)(3) Page 2 ENVIRONMENTAL CHECKLIST Section 3 Evaluation Matrix Section 3 Evaluation Matrix Cont. Questions and Answers from Screening Checklist Path 3-1 Yes 3-2 Yes 3-3 Yes 3-4 Yes Path A No take indicated (1) N/A No take indicated (1) No take indicated (1) Path B Take of coho and cutthroat is indicated (2)(3) N/A Take of coho and cutthroat is indicated (2) Take of coho and cutthroat is indicated (2)(3) Path C Take of coho, cutthroat, and chinook is indicated (2)(3) Take of coho, cutthroat, and chinook is indicated (2)(3) Take of coho, cutthroat, and chinook is indicated (2) Take of coho, cutthroat, and chinook is indicated (2)(3) Section 3 Evaluation Matrix Cont. Section 4 Evaluation Matrix Question and Answer from Screening Checklist Path 4-0 Yes Page 3 Questions and Answers from Screening Checklist Path 3-5 Yes 3-6 Yes 3-7 Yes 3-8 Yes Path A No take indicated (1)(4) Take of coho and cutthroat is indicated (3) No take indicated (1)(4) No take indicated (1)(4) Path B Take of coho and cutthroat is indicated (2)(3) Take of coho and cutthroat is indicated (2)(3) Take of coho and cutthroat is indicated (2)(3) Take of coho and cutthroat is indicated (2)(3) Path C Take of coho, cutthroat, and chinook is indicated (2)(3) No take indicated (1)(4) Take of coho, cutthroat, and chinook is indicated (2)(3) Take of coho, cutthroat, and chinook is indicated (2)(3) Section 4 Evaluation Matrix Question and Answer from Screening Checklist Path 4-0 Yes Page 3 ENVIRONMENTAL CHECKLIST Paths A, B or C Take of coho, cutthroat, and chinook is indicated (3) Section 5 Evaluation Matrix Question and Answer from Screening Checklist Path 5-0 Yes Paths A, B or C Take of coho and cutthroat is indicated (3) Section 6 Evaluation Matrix Question and Answer from Screening Checklist Path 6-0 Yes Paths A, B or C Take of coho, cutthroat, and chinook is indicated (3) Rationale 1 - No salmonid use occurs within areas directly affected by the project. This action is not anticipated to have a direct effect on salmonids and is not anticipated to result in take as a result of direct affects. (Note: Indirect impacts are evaluated separately.) 2 - Habitats in these watercourses or rivers are either directly used by salmonids or support pathway -indicator relationships that are critical for salmonids. Actions effecting these habitats may result in the take of a salmonid. 3 - All projects in the City ultimately drain to salmonid -bearing waters. The results of these actions may result in significant secondary alteration to receiving waters that may support salmonid use. Significant secondary effect to these areas may result in the take of salmonids using habitats in these areas. 4 - All projects in the City ultimately drain to salmonid -bearing waters. The results of these actions are not anticipated to result in a significant change in the receiving bodies or they may result in a change but are not anticipated to result in an affect to salmonids or a critical habitat element. Page 4 TARGET. T0627 Recycling Program Overview Located at the front of the T0627 store, three recycling stations will offer guests a convenient way to recycle aluminum, glass and plastic beverage containers, plastic bags, MP3 players, cell phones and ink cartridges. A full description of recyclables that are accepted is available at Target.com/eco-friendly. The guest -facing containers are only a component of this store's overall recycling program. T0627 also has recycling programs that responsibly dispose of corrugated cardboard, plastic shrink wrap, office paper, and bottle/can recycling for team members. Office paper is removed from the pharmacy and office area and recycled using a 3rd party service provider. The store's pharmacy has two 32 gallon secure containers for recycling. T0627 has a 32 gallon secure container in the office for paper recycling and a 23 gallon bottle/can recycling bin in the break room for team members. Target leverages at least one baler per store for baling corrugated cardboard in the backroom. Additionally, each store has two pallet spaces dedicated to staging the recycled bottles/cans and the shrink wrap/plastic shopping bags. These materials are removed from the store using Target's reverse supply chain, consolidated at a Target Distribution Center and then recycled leveraging a variety of vendors depending on the recyclable material type. This constant removal of recycled material from our store allows Target to avoid having any significant dedicated space in the backroom for storage of recycled material. As previously mentioned, Target has 3 containers dedicated at the front of each store that offer guests a place to recycle plastic shopping bags, cans/bottles, and small electronics including ink cartridges. The containers are each approximately 24" square and 34" tall and hold approximately 35 gallons of material. Please direct any questions regarding the recycling program at this Target location to: Brock Burkett Resource Recovery Manager 612.761.2140 Brock.Burkett@Target.com 1000 Nlcollet Mall, Minneapolis, MN 55403 Target • Target.com • Target Financial Ser vices • TCI • Target Sourcing Ser vices • • TARGET. T0627 Recycling Program Overview Located at the front of the T0627 store, three recycling stations will offer guests a convenient way to recycle aluminum, glass and plastic beverage containers, plastic bags, MP3 players, cell phones and ink cartridges. A full description of recyclables that are accepted is available at Target.com/eco-friendly. The guest -facing containers are only a component of this store's overall recycling program. T0627 also has recycling programs that responsibly dispose of corrugated cardboard, plastic shrink wrap, office paper, and bottle/can recycling for team members. Office paper is removed from the pharmacy and office area and recycled using a 3rd party service provider. The store's pharmacy has two 32 gallon secure containers for recycling. T0627 has a 32 gallon secure container in the office for paper recycling and a 23 gallon bottle/can recycling bin in the break room for team members. Target leverages at least one baler per store for baling corrugated cardboard in the backroom. Additionally, each store has two pallet spaces dedicated to staging the recycled bottles/cans and the shrink wrap/plastic shopping bags. These materials are removed from the store using Target's reverse supply chain, consolidated at a Target Distribution Center and then recycled leveraging a variety of vendors depending on the recyclable material type. This constant removal of recycled material from our store allows Target to avoid having any significant dedicated space in the backroom for storage of recycled material. As previously mentioned, Target has 3 containers dedicated at the front of each store that offer guests a place to recycle plastic shopping bags, cans/bottles, and small electronics including ink cartridges. The containers are each approximately 24" square and 34" tall and hold approximately 35 gallons of material. Please direct any questions regarding the recycling program at this Target location to: Brock Burkett Resource Recovery Manager 612.761.2140 Brock.Burkett@Target.com 1000 Nlcollet Mall, Minneapolis, MN 55403 Target • Target.com • Target Financial Ser vices • TCI • Target Sourcing Ser vices HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: ATTACHMENT 2 A STAFF REPORT TO THE PLANNING COMMISSION July 22, 2010 Notice mailed to surrounding properties, 7/7/10 Notice published in the.Seattle Times, 7/8/10 Site posted, 7/13/10 L09-067 (Comprehensive Plan Amendment) L10-002 (Rezone) Macadam LLC Amend Comprehensive Plan/Zoning Map from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) LOCATION: 4300 S. 133rd Street, Tukwila (Tax Parcel #261320-0131) COMPREHENSIVE PLAN DESIGNATION: Commercial/Light Industrial (C/LI) ZONE DESIGNATION: Commercial/Light Industrial (C/LI) SEPA DETERMINATION: Determination of Non -significance (DNS), 7/21/10 STAFF: Rebecca Fox ATTACHMENTS: A. Application (L09-067)—Comprehensive Plan B. Application (L10-002)—Zoning Map Change C. Minutes—City Council Regular Meeting, 7/6/10 D. Aerial vicinity with zoning E. Zoning map F. Topographic Survey Rf 1 W:\Users\Minnie\Minnie--PC Staff Reports \ PC.Staff.Rpt.Macadam-Becker..doc 07/15/2010 79 • • FINDINGS Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320-0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use, He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single-family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. 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, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code -related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was 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 property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133r1 Street to the south. Macadam Road, to the Rf 2 07/15/2010 W:\Users\Minnie\Minnie--PC Staff ReportsWC.Staff.Rpt.Macadam-Becker..doc 80 • • west of the property, crosses over S. 133rd via a bridge. The 1.72 acre site is vacant except _for:a_wosiden_garage that is associated with the single-family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C/LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally -sensitive areas, including Southgate Creek, a Type 2 salmon -bearing stream, a.Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single-family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C/LI zone to the north, south and east. Topography separates the subject property from single-family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue 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? The proposed Comprehensive Plan change from C/LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi -family housing to be built. 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. The Comprehensive Plan states the following: Rf 3 W:\Users\Minnie\Minnie--PC Staff Reports WC.Staff.Rpt.Macadam-Becker..doc 07/15/2010 81 • • Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi -family homes, including owner -occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi -family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi -family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single -and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi -family or single-family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. 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. This policy demonstrates the community's commitment to residential neighborhoods, including multi -family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial/light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial/Light Industrial on the east, and the Low Density Residential on the west. Goal 7.2 Noise Abatement—Residential neighborhoods protectedfrom 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. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. Rf 4 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc 82 • • 2) Impacts -- MDR would allow housing on the now -vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi -family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial/Light Industrial Zone. The proposed medium -density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial/light industrial designation, would bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single-family homes. 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? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C/LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited cornmercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C/LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. Rf 5 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff Rpt.Macadam-Becker..doc 07/15/2010 83 • • A Planned Residential Development,_permitted under the Medium Density Residential zoning could be built to make best-use=ofthe site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job -producing business on the site. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? e Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to retain residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential", and to provide housing in a stable neighborhood. ® The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. 2) Impacts? e New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. • Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 3) Meeting identified public need? Other options? • Designating new Medium Density Residential provides the option of additional housing for the area. • Housing could be provided by designating the property as Low Density Residential (LDR) ® Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue-producing development. 4) Benefit to the community? ® The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. 9 New development that enhances the site's environmental characteristics benefits the community. o The change to housing use, will remove the opportunity for a commercial/light industrial use. Rf 6 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc 84 • • --=OMPREHENSIVE PLAN—RECOMMENDATION: Staff recommends the following: Approve the Comprehensive Plan Map amendment of property located at 4300 S. 133rd Street (Tax # 2613200131) from Commercial/Light Industrial to Medium Density Residential 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) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 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 contract rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial/Light Industrial without further legislative action. FILE #L10-002 -- 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), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: ® Plan Objective #1—To improve and sustain residential neighborhood quality and livability ® Goal 3.1 Continue to provide the City's fair share of regional housing ® Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi -family households. 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 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ..."intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses... " Multi -family duplex, triplex, fourplex units, townhouses up to four attached units, or detached zero -lot -line units are permitted with heights up to 30 feet. One detached Rf 7 W:\Users\IvlinnieWlinnie--PC StaffReports\PC.Staff.Rpt.Macadam-Becker..doc 07/15/2010 85 single-family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. _ 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial/light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well-suited to a carefully -sited multi -family residential development, or Planned Residential Development (PRD). 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, allowing additional, denser multi -family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well-designed multi -family residential development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety and comfort through good design. Site-specific development will be planned carefully to accommodate both site-specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: ® The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. Rf 8 07/15/2010 W: Users\Minnie\Minnie--PC Staff Reports \PC.Staff.Rpt.Macadam-Becker..doc 86 • • 2) Consistency with Zone: ® The desired=matnil-y residential zoning permits a range of housing to be built, including duplex, tri-p1ex, four-plex and townhouses. 3) Changed conditions: ® Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: • New housing development is in the community interest. ® Residential development that is sensitive to the site's environmental characteristics benefits the community. ZONING—RECOMMENDATION: Staff recommends the following: Approval of the Zoning map amendment for property located at 4300 S. 133rd Street (Tax # 2613200131) from Commercial/Light Industrial to Medium Density Residential with the following conditions: a) 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 1, 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 9 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc 07/15/2010 87 CifYOff'TUKWI A • Department of Community Development COMPREHENSW CENVE 6300 Southcenter Boulevard, Tukwila, WA 981R � ,,, � �� ;„� D PLAN Telephone: (206)-43 33AX (206) 931-3665 E-mail: tukplan@ii.tzikwila.wa.us F` ;} `''f AMENDMENTS Ccs tNP_I k r{ APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -CPA Planner:/ be C Cct. X File Number: LO �/--9 .-- Application Complete (Date: 5I s1 / 0 ) Project File Number: Application Incomplete (Date: 1124 I jo ) Other File Numbers:. L j 0 -- Gv "Z 1..Uy —alif spec. -4' Per,'t rt a„ - 1ire c_ e;.. f •> /-D,;-,-- NAME OF PROJECT/DEVELOPMENT: th e„ 4 c/4-0 L, LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 4,3 o s./3344,2 sr CC, 1"14../ cr2_. 9 S S /23A0. s/ LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). a —0/,?/ -03 DEVELOPMENT COORDINATOR : The individual who: o has decision making authority on behalf of the owner/applicant in meetings with City staff, o has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and e is the primary contact with the City, to whom all notices and reports will be sent. Name: J f /eke-,'. Address: .' / 3 i /7/,/G ef-., C?' ?/6- Phone: ?'/6 Phone: , ., -- -- FAX: 3.0 6 -- tf -- 4F E-mail: G e 5 t`00% ' C.1". V;44. CPC, �.� Signature: -� � Date: / 2_ Z £ -- cp. P:\Planning Forms \ Applications \CompPlan—hg-6-O6.doc 88 Attachment A STATE OF WASHINGTON • CITY OF TUKWILA Department of Community Developm=- 6300 Southcenter Boulevard, Tukwila, TNA' 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 COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me ormy agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 4' 3 d ©. ,? 3 ,z to . 5 - for the purpose of application review, for the limited time necessary to complete that purpose. S. Owner agrees to hold the City harmless for any Loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. J ci EXECUTED at 1"31Al2AMI (city), WA (state), on i2 ! "L , 20 d Print Name �J ►^ / lJ L ke re - 'r_ l7A77A-L4,-/09Address 4114/4/6 j 5 � / 3 � /°/ Phone Number 2-09 6 ..7.-6 --4/ 8'S' 3 � Signature ,✓ C4.4...44 ^./" �J --! On this day personally appeared before me 1, trr' Cr " to me known to be the individual who executed the foregoing instrument and acknowledged t�t he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS Gd' DAY OF iGC2Iv\ r' ,20 o tiiiuliiio Ut .h. ' L/' c ..' CI— A +`;o����,��5 p. A. � to "6 , NOTARY PUBLIC in a�ld or the State of Washington ti• .�dyr f V. P 4 . tg 0,OTAIR y tP � ` ®sem /► BusLtG .° z 14, WV i � w / �J residing at My Commission expires on / ( / P:\Planning Forms \ Applications \CompPlanChg-6-06.doc December 4, 2006 89 COMPREHENSIVE PAN AMENDMENT CRITERIA_ -=Th_e den- of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review .your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. 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: 1. 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? 2. 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? 3. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. 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!) 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. 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; 7. 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; 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. P:\Planning Forms \ Applications \CompPlaoChg-6-06.doc, 72/09/06 90 Comprehensive plaihange Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 IZ-.ZS-vy Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133` St (tax Parcel # 26-13-20-0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel # 734060-0722) in Tukwila Washington. A) Comprehensive plan Amendment Criteria 1) We propose a Comprehensive plan change rezone for the East half of property from Commercial / light Industrial to MDR to make the single owner contiguous property all residential which will be less environmental impact, and topographically contiguous with the existing residential. (The West half of property will remain LDR) 2) This proposed Comprehensive Plan change will meet the need of the community by providing affordable housing. 3) The Proposed Change will be net benefit to the community by providing Medium Density Residential buffer between the existing Commercial / Light industrial and the LDR to the West thus increasing LDR property values adjacent to the West and surrounding area. B) Comprehensive Plan Amendment Criteria 1) We propose a Comprehensive plan Amendment and Zone Change to Residential from Commercial / Light Industrial to make very small available Industrial area (that is left after wetland buffers and Creek buffers) contiguous with adjacent property existing residential zoning. The Industrial property that is currently available is not adequate size to be developed for Commercial / light industrial and is topographically cut off from the adjacent industrial properties to the east and South by a wetland and South Gate Creek. Thus it makes sense to make it Residential. 2) The anticipated impacts of new residential development will be minimize by for example we will provide onsite drainage that will mitigate impact on the City storm drain system and provide eco friendly wetland improvements and passive energy designed houses. 3) The current Comprehensive plan designation is deficient because the available industrial or commercial area is cut off by a small hill and wetland / stream to the rest of the C/LR to the East. (Thus commercial traffic access through residential). 4) This proposal will work within the Growth Management Act and comply with requirements that maybe identified. It will offer affordable residents with community enhancing inward focusing design to promote neighborhood and wellbeing safety. 5) This proposal provides goals that are specific in county planning such as following King County on site drainage requirements and wetland enhancement. 6) This proposal should have low to no impact on City infrastructure. With our proposed on site drainage we will have minimal impact on the storm drain system detention capacity and addition of 7 additional structures, residential sewer should be small percentage capacity increase with existing sewer and water laterals available in the adjacent streets. 7) This proposal should be minimal impact to City required capital improvements. 8) There are no other requested changes in City Code or regulations at this time. 1 91 • fytofelzry , . . . • . riz.ErP-tas.z41s. LirF42.0)4 141.WscIAL71.743111V3OligntYti. ..;.••••-rtziolEGoruFor,R '_8149,51T:LeF181041141.-:: timr .• • RANI aieeoar4•• . Po:v.4144E sysTisi rte-ip Remms .C.AR 1 • . toupixi- Ut1 C-rre.e. • • . • • . • • . • . • - . r.45Rfx... . . • aiq Etp4Olca, Iteg.D38.Ve , • • .2 . . . _ • • • : • • • . • . A Portion of.. . . . • . • • •fthe•NW 1/41:of •the...:4-1/4,, 15,T23 R • . King :Cotinty,: Washington • . • . • ' • - • ' "Sectithi 15; :T R,4 E. • ---viaNini MAP:. • • 'SCALa IiICH 1/4. MAE . .•••. • LEGAL b770ff •••• :• • • - Parcel . • , • • • •• ;That „parUon. f Liat 48,• Riverside lntertirban •iraCts,-* •• ai • Shown In Voiurne OOfP1At,,Pp 74, Records • Of fag County, • Waihington, lying north of South '• , 13rd Street, veld .of 42nd Avenue • South, -and south -of' the south line of South-•132neStree4-tegether • iiith• the west -halt of vacated 49rd Avenue South : • " adjOhaing, •and liZCSP7 stat0:../pgipiay. right,ob-way: .2nitsLi=te* .2G--13,•zo-:,01S I • • . .: • Thpciftion of „Lot 18, Yostoill .Garden -racti, as . , • Sheen 'Pi :Talume .8 of Plats., Page OA Records of • Xing; Caunty,, Washington, and vacated Squire Street, lying north nf-Pacific lfighway, =CRP? .the portion . thereorlying:east of State Highway deeded by' . . Ordinance •Np:, 6.18285 and except state highway right70P-IvaY• • • • • • • • . .".. . . . .• . • • . . • . • ilECEIVED DEC 3 0 2039. • CITY OF TUKWILA Department of Community Develapp,_ }, 6300 Southcenter Boulevard, Tukwila Kr --9878 : :::.: . Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@ci.tukwila.wa.us •ATTACHMENT B: ,,.. ,. ZONING CODE o AME T)ME TS f3:: w'3 LO P ds1E::iT FOR STAFF USE ONLY Permits Plus Type: P-ZCA NAME Planner: t b e c(6r X File Number: 1 i i o- 00L •` Application Complete (Date: *bo ) Project File Number: ' Application Incomplete (Date: j f 25'1 a ) Other File Numbers: Ott. -624, ,-7 Cpec-c i -e Perim i trix, n 0:'-e`.I Loa -0141- t'f NAME OF PROJECT/DEVELOPMENT: PAa4 t --L- CP 9-tiEbertwayu LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and • subdivision, access street, and nearest intersection. LIST ALL .TAX LOT NUMBERS (this information may be found on your tax statement). % ..-? —0/.17/''''%`14 T AUL -r I ..� 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. t j Name: i nre.R, a✓G(C��� Address: 4/ C 6 Js. l ,? lei _ /)/- Phone: 2A4; — — 9 1? 3 E-mail: OCer- Signature: FAX: Te,42/; /t P:\ Planning Forms\ Applications \ZoneChng-6-06.doc Date: • / 2-&-?. Attachment B 93 STATE OF WASHINGTON COUNTY OF KING 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 The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at (city), (state), on , 20 Print Name Address Phone Number Signature On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and decd for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF , 20 NOTARY PUBLIC in and for the State of Washington residing at on My Commission expires P:\Planning Forms \ Applications\ ZoneChng-6-06.doc December 4. 2006 94 The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. 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; (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; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and (4) That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. P:\Planning Forms \ Applications \ZoneChng-6-06.doc December 4, 2006 95 95 Zone Amen*nt Criteria • 12-28-09 City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133` St (tax Parcel # 26-13-20-0131) and contiguous with LDR property owned to West 13136 Macadam Rd S..(Tax Parcel # 734060-0722) in Tukwila Washington. A) Zone Amendment Criteria 1) This Requested Zone change is consistent with the Comprehensive plan policies in that we will be providing a less environmentally impacting project that is closer in' adjacent contiguous use that is residential. 2) The title and description of the zone map changes are consistent with the zone use classification requested that shall be medium density residential which will complement and enhance the adjacent Low density residential directly to the west. 3) There are nuances to and changed conditions of zoning layout that cannot be fully understood at initial time of designation. For example, the newer Sensitive Area Ordinance and environmental setbacks and property development restrictions now change how this property can be accessed and developed. In the past we could develop buildings in the wetland area and put roads and bridge across streams without much restriction. With the new wetland restrictions and Buffer requirements, the area remaining for Commercial Industrial use is cut offfrom the Industrial to the East. Therefore in order to use as currently Zoned we would need to provide Commercial industrial traffic through the residential neighborhood and LDR on the upper half of site. 4) This proposed Zone change will be in the best interest and welfare of the public safety by providing a lower impact use. The development will. also provide inward focused community and neighborhood -Wilding design layout that will promote safety and prowler visibility. This will also build and light previous vacant lot area that will make it more safe. 96 96 Portion •of King :County,: Washington.. • • LEGAL DESCRIPTION- of lot 48,' Riverside Interurban thorn in Volunie: 10' at :Nee 74, gemirde a ring Coiuity, sita:shington, lying •nOrth of South ... " • • 133rd Street, eait 42ne Avenue • South, -and sbdUa • 'line of South. 132neStreet: .1together : with the vrest..baLt at tvacated 43rd Avenue South - :EXCRPT state: .Lot 18. :toile .carded Plats; • Page 95, Reobrde of Washington, and vacated Squire Stkeet, lying north mf-Peoltio. Highway, =PT Abe portion thereoPlying;•aast at State Highway treaded by Ordinance .14o: 818285 and: eicept state highway right-of-way CO DATA: 1-151.10' e.e179•30- 1..109.71• LEGEND FOUND BRASS MONUMENT IN CASE - FEB. 2002 SET 5/9' RE -BAR & CAP FEBRUARY 2002 SEWER MANHOLE sronA DRAIN MANHOLE ROCK WALL A BCOCR WALL J CRAWL SURFACE — PENCE TREE CURVE TABLE ELM RADIUS LENGTH 612021. 738'00' • 510'01' 57400 115.80 985.27 16456 117.16 88.86 LINE TABLE 77RECOON . wsrANcc V 09.06.00'1- 8056'45' 9126'00'c0056'45' E V 7640'45' W V 6212775' W 50'18'45' IV 28.20' 67.90' 6&51' 61.85 • 47.06' SSW NN%ILA 4 RIM 10.70 R e' N71 1.10' rte'NCt 7.10 rce'su 7.69 • • • ♦ • • SHIM 8.130.10 4057.50100' L.IS7.57' LEGAL DESCRIPTION Parcel A That portion of Lot 48, Riverside interurban Tracts, as shown in Volume 10 of Plats. Page 74, Records of King County. Washington, lying north of South 133rd Street; east of 42nd Avenue Sbuth, and south of the south line o! South 132nd Street; together with the west half of vacated 43rd Avenue South adjoining,. and EXCEPT state highway right-of-way. • Parcel That portion of Lot 18, Fostoria Carden Tracts, as Maim In Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by . Ordinance No. 618266 and except state highway right-of-way, • SSMH 0.10100.47 rt e' Nti 6./7 rt 0' SCY 1.42 (30 r` • VERTICAL DATUM: NA VD 1988 . • BENCHMARK: CP17005-Te4 WSDOT•BRASS DISK IN CONCRETE LOCATED R4 THE PAVED AREA . BETWEEN THE MAINLINE OFF NB SR5 AND THE ON-RAMP FROM INTERURBAN AVE. • ELEVATION a 25.99 FEET. SEARING. AMNO COUNrY Assrsso7 MAP ,9•Se `:S' It .7893215 / 711.7' .• S. 143r• Street? 50 0 •50 • ' • Scale • 1' = 50 N • .150•' TOPOGRAPHIC SURVEY MAP • .. • A Portion of the NW 1/4 of the NE, Sec. 15, T 23 N, R 4 E, M. King County, Washington Section 15, T 23 N, R 4 E Tukwila City Council Regular Meetilinutes 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 Arnkus 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 affirmative. *MOTION 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 9 9 ukx.vIla otAKE 4001MII 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) yA 100 Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Zoning Lines ATTACHMENT D Macadam LLC 1 = 419 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 ATTACHMENT E Macadam LLC r=400. LEGEND FOUND BRASS MONUMENT IN CASE - MR 2002 SET 5/8' RE-8AR & CAP FEBRUARY 2002 SEWER MANHOLE STORM DRAIN MANHOLE ROCK WALL BLOCK WALL 3 GRAVEL SURFACE - FENCE TREE CURVE TABLE ELTA 608'21' 758'00. 570'0!' RADIUS 57600 115.80 985.37. LENGTH 16655 117.76 88.86 LINE TABLE 7IRECTION V 0912800" E V BOS6'45' E V 76'40'45" W V 6212715" W i 5078'45' W DISTANCE 2830' 67.90' 6651' 67.85' 47.05' OAT,. N4150.110' 6.41/e38- 1.109.21. \ O ♦• •v 5640 IUNMLA 4 610 839 1E 6'NL'A 9.10' If 8' NE: 7.69 IE 8'SF: 7.59 \ .LEGAL DESCRIPTION Parcel A That porUon of Lot 48; Riverside Interurban Tracts,' as shown in Volume 10 of Plats, Page 74, Records. of Ring County; Washington, lying north of South 133rd Street, east of 42nd Avenue South, and south of the south line of South 132nd Street: together with the west hall of vacated 43rd Avenue South adjoining,. and EXCEPT state highway right-of-way. Parcel li That porUon of Lot 18, Fostoria Garden Tracts. as shown in Volume 9 of Plats. Page 95, Records of King County. Washington. and vacated Squire Street, lying north of Pacific Highway, EXCEPT the porUon thereof lying east of State Highway deeded. by . Ordinance No. 618285 and except state highway right-of-way, 9EARf1IS 10N0 COUNTY ASSESSORS MAP —r•i 141.2$ 4 n r / . 275- -fil lEAZ. y( S 8937'15' E .—._• -14:7: `-- ' S. 13333 rd Street =r •1 .J I• 1 5500 1UKv6IA 1 IE 6' NW. 6.47 IE 6- NE: 6.47 Q 6' 061 6.47 VERTICAL DATUM: NAVD 1988 BENCHMARK: CP17005-284 WSDOT BRASS DISK • IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN 114E MAINLINE OF NB SR5 AND THE ON-RAMP FROM INTERURBAN AVE. • • ELEVATION a 25.99 FEET. 7 . .Scale 1' a 50 (1 TOPOGRAPHIC SURVEY MAP for CQ 00 a • a) P:a410 cto A Portion of the NW 1/4 of the NE 4, Sec. 15, T 23 N, R 4 E King County, Washington Section 15, T 13 N, R 4 E • DRAFT Attachment 2B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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 approval of the application to amend the Comprehensive Land Use Map designation, and has made and entered Findings and Conclusions thereon in support of that recommendation; 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, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; 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 of the Planning Commission 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 Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. W:\ Word Processing \ Ordinances \Comp Plan Amend Macadam - 1.doc RF:mrh 08/16/2010 Page 1 of 2 103 • Section 2. Re -designation Approved. The=prop tVocated at 4300 S. 133rd Street including Tax Parcel #2613200131 and described in the attached Exhibit 2, is hereby approved to be re -designated from Commercial/Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following: A. All requirements of the following contract rezone must be met including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09-014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event that the above condition is not met by the deadline above, the Residential designation shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. B. 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. 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 day of , 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit 1 - Exhibit 2 - Exhibit 3 - Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Findings and Conclusions, Planning Commission Staff Report (File #L09-067 & L10-003) Legal Description Comprehensive Plan Map W:\ Word Processing\ Ordinances\Comp Plan Amend Macadam - 1.doc RF:mrh 08/16/2010 104 Page 2 of 2 EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File # L09-067 and L10-003) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320-0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single-family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. 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, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as, required, the Comprehensive Plan designation and rezone will revert tothe prior designation. The Community Affairs and Parks Committee was 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 property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the west of the property, crosses over S. 133rd via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single-family house located on the adjacent lot, also owned by the applicant, W:\ Word Processing\Ordinances\Comp Plan Amend Macadam -1.doc RF:mrh 08/13/2010 Page 1 of 6 105 • • immediately to the west. The_subject_CtLIproperty and the adjacent LDR lot are essentially an "island" surrounded by roadway -on-all-sides,-and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally -sensitive areas, including Southgate Creek, a Type 2 salmon -bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single-family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall. Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C/LI zone to the north, south and east. Topography separates the subject property from single-family homes that are immediately west of the property, and across Macadam Road/43r1 Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue 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? The proposed Comprehensive Plan change from C/LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi -family housing to be built. 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. The Comprehensive Plan states the following: Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi -family homes, including owner - occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi -family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. W:\ Word Processing\Ordinances\Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 106 Page 2 of 6 • • Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi -family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single - and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi -family or single-family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. 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. This policy demonstrates the community's commitment to residential neighborhoods, including multi -family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial/light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial/Light Industrial on the east, and the Low Density Residential on the west. 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. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. 2) Impacts MDR would allow housing on the now -vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi -family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial/Light Industrial Zone. The proposed medium -density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial/light industrial designation, would W:\ Word Processing \Ordinances\Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 3 of 6 107 108 • • bring r residents to the neighborhood and has potentially fewer impacts on the adjacent single=family homes. 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? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the westem portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C/LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C/LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job -producing business on the site. 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 residential neighborhoods, to provide needed regional housing, to retain adequate land zoned `residential", and to provide housing in a stable neighborhood. ® The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. W:\Word Processing\ Ordinances\ Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 4 of 6 • • Impacts? — . _ o New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. • Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 2) Meeting identified public need? Other options? o Designating new Medium Density Residential provides the option of additional housing for the area. • Housing could be provided by designating the property as Low Density Residential (LDR) o Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue-producing development. 3) Benefit to the community? o The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. • New development that enhances the site's environmental characteristics benefits the community. o The change to housing use, will remove the opportunity for a commercial/light industrial use. W:\ Word Processing\ Ordinances\ Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 5 of 6 109 EXHIBIT 2 That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W:\Word Processing \ Ordinances\ Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 110 Page 6 of 6 Proposed. CL/I 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) Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Zoning Lines EXHIBIT 3 Macadam LLC 1"=400' 1-1± D " s AFT Attachment 2C AN ORDINANCE OF THE CITY, COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAI,/LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Code 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, Zoning Code and Map 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, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Tinges, posted on site, and mailed to surrounding properties; and WHEREAS, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application; 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 Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved subject to contract. The property located at 4300 S. 133rd Street, including Tax Parcel #2613200131 described in the attached Exhibit 2, and shown on the map as Exhibit 3, is hereby approved to be rezoned from W:\ Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 08/16/2010 Page 1 of 2 113 • • Commercial/Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following conditions, including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09-014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event 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. 3. In the event the rezone is voided, the Comprehensive Plan Medium Density Residential rezone shall revert to Commercial/Light Industrial 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 zoning map to show this change in zoning. 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 , 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit 1 - Exhibit 2 - Exhibit 3 - Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Findings and Conclusions, Planning Commission Staff Report (File #L10-002), July 22, 2010 Legal Description Zoning Code Map W:\ Word Processing \ Ordinances \Comp Flan Amend Macadam - 2.doc RF:mrh 08/16/2010 114 Page 2 of 2 • • EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File # L10-002) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to re -designate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320-0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single-family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill, and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. 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, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event_ that wetland and watercourse mitigation and improvement are not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was 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 property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the west of the property, W:\Word Processing \Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 08/13/2010 Page 1 of 5 115 • • crosses over S. 133rd via a bridge. The 1.72 -acre site is vacant except for a wooden garage that is associated with the single-family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C/LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally sensitive areas, including Southgate Creek, a Type 2 salmon -bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single-family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C/LI zone to the north, south and east. Topography separates the subject property from single-family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue South. 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), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: ® Plan Objective #1—To improve and sustain residential neighborhood quality and livability; and • Goal 3.1 Continue to provide the City's fair share of regional housing; and 9 Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi -family households. 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 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ..."intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses... " W:\Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 08/13/2010 116 Page 2 of 5 Multi -family duplex, triplex, four-plex units, townhouses up to four attached units, or detached zero -lot -line units are permitted with heights up to 30 feet. One detached single-family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial/light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse, and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well suited to a carefully sited multi -family residential development, or Planned Residential Development (PRD). 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, allowing additional, denser multi -family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well- designed multi -family residential development would benefit the community more, than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety, and comfort through good design. Site-specific development will be planned carefully to accommodate both site-specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting .property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: ® The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. 2) Consistency with Zone: ® The desired multi -family residential zoning permits a range of housing to be built, including duplex, tri-plex, four-plex, and townhouses. W:\ Word Processing\ Ordinances\ Comp Plan Amend Macadam - 2.doc RF:inrh 08/13/2010 Page 3 of 5 117 118 3) Changed conditions: • Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: o New housing development is in the community interest. o Residential development that is sensitive to the site's environmental characteristics benefits the community. W:\Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 08/13/2010 Page 4 of 5 EXHIBIT 2 LEGAL DESCRIPTION That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W:\ Word Processing \ Ordinances \ Comp Plan Amend Macadam - 2.doc RF:rnrh 08/13/2010 Page 5 of 5 119 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) cz,==== Zoning Lines EXHIBIT 3Art N Macadam LLC 111=400' of guftwita Department Of Community Development AFFIDAVIT OF DISTRIBUTION 1, Teri Svedahl HEREBY DECLARE THAT: X Notice of Public Hearing Determination of Non -Significance Notice of Public Meeting Project Number: PL10-073 Mitigated Determination of Non - Significance Rebecca Fox Board of Adjustment Agenda Packet Mailer's signature: Determination of Significance & Scoping Notice 4 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 r day of August in the year 2010 W:\USERS\TERI\AFFIDAVIT OF DISTRIBUTION.DOC Project Name: Macadam LLC / Becker Comp Plan Amendment & Rezone Project Number: PL10-073 Mailing requested by: Rebecca Fox Mailer's signature: 4 W:\USERS\TERI\AFFIDAVIT OF DISTRIBUTION.DOC City of Tukwila Notice of Hearing Location -4300 S. 133 St., Tukwila, WA File #'s: L09-067, L10-002 , El0-013 Applicant/Property Owner:Macadam LLC/Barry Becker Project Planner: Rebecca Fox, 206-431-3683 or rfox@ci.tukwila.wa.us Project Description: Amend the Comprehensive Plan designation and zoning on property locatedat 4300 S. 133rd St., Tukwila, WA (Tax # 2613200131) The request is to change the current Comprehensive Plan designation and zoning from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR). A Type 2 stream and Type 2 wetland are located on the property. Illegal fill and vegetation clearing had oc- curred on the site's wetland and buffers. The City of Tukwila Planning Commission held a public hearing on July 22, 2010 to take testimony from the public. Afterwards, the Planning Commission recommended approving the request with the condition that all required environmental mitigation and enhancement action in the wetland buffer be completed prior to December 30, 2010. Public clearing —September 13, 2010: You are invited to comment on the Comprehensive Plan amend- ment/Zoning recommendation at a public hearing on September 13, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. After hearing from the public, the City Council will take action to adopt as is, modify or reject the recommendation. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. Comments : The applications may be reviewed at the City of Tukwila, Department of Community Develop- ment (DCD), 6300 Southcenter Blvd 4100, Tukwila,WA. Persons who wish to comment may do so in writing, or by speaking at the hearing If you wish to provie written comments on the project, you may deliver them to the City Clerk's office, Tukwila City Hall. 6200 Southcenter Blvd., Tukwila prior to 5:O0pm on Sep- tember 13, 2010. You are receiving this notice because you arc a property owner or tenant within 500ft of this project. City of Tukwila Notice of Hearing Location -4300 S. 133 St., Tukwila, WA File #'s: L09-067, L10-002 , E10-013 Applicant/Property Owner:Macadam LLC/Barry Becker Project Planner: Rebecca Fox, 206-431-3683 or rfox@ci.tukwila.wa.us Project Description: Amend the Comprehensive Plan designation and zoning on property located at 4300 S. 133rd St., Tukwila, WA (Tax # 2613200131) The request is to change the current Comprehensive Plan designation and zoning from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR). A Type 2 stream and Type 2 wetland are located on the property. Illegal fill and vegetation clearing had oc- curred on the site's wetland and buffers. The City of Tukwila Planning Commission held a public hearing on July 22, 2010 to take testimony from the public. Afterwards, the Planning Commission recommended approving the request with the condition that all required environmental mitigation and enhancement action in the wetland buffer be completed prior to December 30, 2010. Public Hearing —September 13, 2010: You are invited to comment on the Comprehensive Plan amend- ment/Zoning recommendation at a public hearing on September 13, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. After hearing from the public, the City Council will take action to adopt as is, modify or reject the recommendation. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. Comments : The applications may be reviewed at the City of Tukwila, Department of Community Develop- ment (DCD), 6300 Southcenter Blvd #100, Tukwila,WA. Persons who wish to comment may do so in writing, or by speaking at the hearing. If you wish to provie written comments on the project, you may deliver them to the City Clerk's office, Tukwila City Hall. 6200 Southcenter Blvd., Tukwila prior to 5:OOpm on Sep- tember 13, 2010. You are receivine this notice because von are a nrnnerty owner nr tenant within snnR nfthic „r,,,P.f City of Tukwila Notice of Hearing Location -4300 S. 133 St., Tukwila, WA File #'s: L09-067, L10-002 , E10-013 Applicant/Property Owner:Macadam LLC/Barry Becker Project Planner: Rebecca Fox, 206-431-3683 or rfox@ci.tukwila.wa.us Project Description: Amend the Comprehensive Plan designation and zoning on propperty locatedat 4300 S. 133rd St., Tukwila, WA (Tax # 2613200131) The request is to change the current Comprehensive Plan designation and zoning from Commercial/Light Industrial (C/LD to Medium Density Residential (MDR). A Type 2 stream and Type 2 wetland are located on the property. Illegal fill and vegetation cleariltg had oc- curred on the site's wetland and buffers. The City of Tukwila Planning Commission held a public hearing on July 22, 2010 to take testimony from tht public. Afterwards, the Planning Commission recommended approving the request with the condition tha all required environmental mitigation and enhancement action in the wetland buffer be completed prior tc December 30, 2010. Public Hearing —September 13, 2010: You are invited to comment on the Comprehensive Plan amend ment/Zoning recommendation at a public hearing on September 13, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwils "!A. 98188. After hearing from the public, the City Council will take action to adopt as is, modify or n ne recommendation. You may request a copy of any decision, information on hearings, and your appeal rignis b} calling 206-431-3683. Comments : The applications may be reviewed at the City of Tukwila, Department of Community Develop- ment (DCD), 6300 Southcenter Blvd #100, Tukwil WA. Persons who wish to comment may do so in writing; or by speaking at the hearing. If you wish to provide written comments on the project, you may deliver them to the City Clerk's office, Tukwila City Hail. 6200 Southcenter Blvd., Tukwila prior to 5:OOpm on Sep- tember 13, 2010. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Notice of Hearing Location -4300 S. 133 St., Tukwila, WA File #'s: L09-067, L10-002 , E10-013 Applicant/Property Owner:Macadam LLC/Barry Becker Project Planner: Rebecca Fox, 206-431-3683 or rfox@ci.tukwila.wa.us Project Description: Amend the Comprehensive Plan designation and zoning on property located . )0 S. 133rd St., Tukwila, WA (Tax # 2613200131) The request is to change the current Comprehensive roan designation and zoning from Commercial/Light Industrial (C/L0 to Medium Density Residential (MDR). A Type2 stream and Type 2 wetland are located on the property. Illegal fill and vegetation clearing had oc- curred on the site's wetland and buffers. The City of Tukwila Planning Commission held a public hearing on July 22, 2010 to take testimony from the public. Afterwards, the Planning Commission recommended approving the request with the condition that all required environmental mitigation and enhancement action in the wetland buffer be completed prior to December 30, 2010. Public Hearing —September 13, 2010: You are invited to comment on the Comprehensive Plan amend- ment/Zoning recommendation at a public hearing on September 13, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. After hearing from the public, the City Council will take action to adopt as is, modify or reject the recommendation. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. Comments : The applications may be reviewed at the City of Tukwila, Department of Community Develop- ment (DCD), 6300 Southcenter Blvd #100, Tukwila, WA. Persons who wish to comment may do so in writing, or by sppeaking at the hearing. If you wish to provide written comments on the project, you may deliver them to the City Clerk's office, Tukwila City Hall. 6200 Southcenter Blvd., Tukwila prior to 5:00pm on Sep- tember 13, 2010. OWNER NAME R HOUSE CONSTRUCTION INC TUKWILA COMMUNITY MEMBER, GULLY,PAUL M RINEHART,LINNEA TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER CHURCH OF NEZIAH GILL,ANTONE & ERVINA LILJESTRAND,JAMES & DIANE KB HARTY,LAUREN G TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER SMITH,TODD R POIRIER,KONRAD JOANNE M TUKWILA COMMUNITY MEMBER FOSTORIA PARK ASSOC LLC GANTZ,PATRICK A & KATHLEEN D TMACSONS LLC DELTA MASONIC SEBCO INC C HANT HAP H O N E, P HAI SAN E GILLISPIE,CATHY D TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER GAYTHER,JIM TUKWILA COMMUNITY MEMBER OWNER_ADDRESS 1001 N TACOMA AVE 13011 MACADAM RD S 13017 MACADAM RD S 13025 MACADAM RD S 13030 41ST AVE S 13031 MACADAM RD S 13039 MACADAM RD S 13045 MARADAM RD S 13103 MACADAM RD S 13111 MACADAM RD S 13119 MACADAM RD S 13130 44TH AVE S 13136 MACADAM RD S 13305 MACADAM RD S 13319 MACADAM RD S 13325 MACADAM RD S 13405 43RD AVE S 13407 42ND AVE S 15100 SE 38TH ST 792 22027 6TH AVE S 105 27013 PACIFIC HWY S 313 30923 36TH AVE SW 4020 E MADISON ST 320 4031 S 148TH ST 4116S131STST 4122 S 131ST ST 4123 S 130TH ST 4126 S 131ST ST 4130 S 131ST ST 4175 S 131ST ST 4310 S 131ST ST 4320 S 131ST ST 4385 S 133RD ST 4400 S 131ST PL 4404 S 133RD ST 4435 S 134TH PL OWNER_CITY OWNER_STATE OWNER_ZIP TACOMA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA BELLEVUE WA DES MOINES WA DES MOINES WA FEDERAL WAY WA SEATTLE WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA 98403 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98006 98198 98198 98023 98112 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 BECKER,BARRY R TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA SCHOOL DISTRICT EKBERG,ALLAN E & CAMOZZI KNUDSON,GERALD NORTH STREAM DEVELOPMENT SMITH,TODD R NORMED-SHAW PARTNERSHIP SEATTLE SMSA LIMITED PRTN STARK,BEN G & DARRYL J Barry Becker/Macadam LLC 4446 S 131ST PL 4487 S 134TH PL 4495 S 134TH PL 4640 S 144TH ST 4920 S 161ST ST 6402 S 144TH ST 1 720 4TH AVE 102 8129 HUDSON PL SW PO BOX 3644 PO BOX 91211 PO BOX 98638 4446 S. 131st StREET TUKWILA TUKWILA TUKWILA TUKWILA SEATTLE TUKWILA KIRKLAND LAKEWOOD SEATTLE BELLEVUE SEATTLE TUKWILA WA WA WA WA WA WA WA WA WA WA WA WA 98168 98168 98168 98168 98188 98168 98033 98498 98124 98009 98198 98168 w at* Department Of Community AFFIDAVIT .. of J uftwiea Development OF DISTRIBUTION I, _Teri Svedahl HEREBY DECLARE THAT: Notice of Public Hearing Determination of Non -Significance Notice of Public Meeting Project Name: Becker / Macadam Comp Plan Amendments Mitigated Determination of Non - Significance Project Number: L09-067 & L10-002 Board of Adjustment Agenda Packet Mailing requested by: Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Mailer's signature: Notice of Action /'7" /i 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 DISTRIBUfION.DOC Project Name: Becker / Macadam Comp Plan Amendments Project Number: L09-067 & L10-002 Mailing requested by: Rebecca Fox Mailer's signature: 7)/g /'7" /i 1 W:\USERS\TERI\AFFIDAVIT OF DISTRIBUfION.DOC City of Tukwila Notice of Application Location -4300 S. 133 St., Tukwila, WA File #'s: L09-067, L10-002 , E10-013 Applicant/Property Owner:Macadam LLC/Barry Becker Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Comprehensive Plan designation and zoning on property located at 4300 S. 133rd St., Tukwila, WA (Tax # 2613200131) The request is to change the current Comprehensive Plan desigoation and zoning from CommerciaULight Industrial (C/LI) to Medium Density Residential (MDR). A Type 2 stream and Type 2 wetland are located on the property. 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,. 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. After the hearing, the Planning Commission will forward its recommendation to the City Council for action/decision. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. 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. Pro- vide comments by 5:OOpm on July 21, 2010. 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 -4300 S. 133 St., Tukwila, WA File #'s: L09-067, L10-002 , E10-013 Applicant/Property Owner:Macadam LLC/Barry Becker Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Comprehensive Plan designation and zoning on property located at 4300 S. 133rd St., Tukwila, WA (Tax # 2613200131) The request is to change the current Comprehensive Plan designation and zoning from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR). A Type 2 stream and Type 2 wetland are located on the property. 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,. 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. After the hearing, the Planning Commission will forward its recommendation to the City Council for action/decision. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. 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. Pro- vide comments by 5:OOpm on July 21, 2010. 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 -4300 S. 133 St., Tukwila, WA • ♦1 File #'s: L09-067, L10-002 , E10-013 Applicant/Property Owner:Macadam LLC/Barry Becker Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Comprehensive Plan designation and zoning on property located at 4300 S. 133rd St., Tukwila, WA (Tax # 2613200131) The request is to change the current Comprehensive Plan designation and zoning from Commercial/Light Industrial (C/L1) to Medium Density Residential (MDR). A Type 2 stream and Type 2 wetland are located on the property. 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,. 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. After the hearing, the Planning Commission will forward its recommendation to the City Council for action/decision. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. 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. Pro- vide comments by 5:OOpm on July 21, 2010. 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 -4300 S. 133 St., Tukwila, WA File #'s: L09-067, L10-002 , E10-013 Applicant/Property Owner:Macadam LLC/Barry Becker Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Comprehensive Plan designation and zoning on property located at 4300 S. 133rd St., Tukwila, WA (Tax # 2613200131) The request is to change the current Comprehensive Plan designation and zoning from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR). A Type 2 stream and Type 2 wetland are located on the property. 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,. 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. After the hearing, the Planning Commission will forward its recommendation to the City Council for action/decision. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. 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. Pro- vide comments by 5:OOpm on July 21, 2010. You are receiving this notice because you are a property owner or tenant within 500ft of this project. OWNER_NAME R HOUSE CONSTRUCTION INC TUKWILA COMMUNITY MEMBER GULLY,PAUL M RINEHART,LINNEA TUKWILA COMMUNITY MEMBER FARNAM,RYAN C & AMBER D TUKWILA COMMUNITY MEMBER CHURCH OF NEZIAH GILL,ANTONE & ERVINA LILJESTRAND,JAMES & DIANE K B HARTY,LAUREN G TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER SMITH,TODD R POIRIER,KONRAD JOANNE M TUKWILA COMMUNITY MEMBER FOSTORIA PARK ASSOC LLC GANTZ,PATRICK A & KATHLEEN D TMACSONS LLC • DELTA MASONIC SEBCO INC C HANTHAPHON E, PHAISAN E GILLISPIE,CATHY D TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER GAYTHER,JIM TUKWILA COMMUNITY MEMBER OWNER_ADDRESS 1001 N TACOMA AVE 13011 MACADAM RD S 13017 MACADAM RD S 13025 MACADAM RD S 13030 41ST AVE S 13031 MACADAM RD S 13039 MACADAM RD S 13045 MARADAM RD S 13103 MACADAM RD S 13111 MACADAM RD S 13119 MACADAM RD S 13130 44TH AVE S 13136 MACADAM RD S 13305 MACADAM RD S 13319 MACADAM RD S 13325 MACADAM RD S 13405 43RD AVE S 13407 42ND AVE S 15100 SE 38TH ST 792 22027 6TH AVE S 105 27013 PACIFIC HWY S 313 30923 36TH AVE SW 4020 E MADISON ST 320 4031 S 148TH ST 4116S131STST 4122S131STST 4123 S 130TH ST 4126 S 131ST ST 4130S131STST 4175 S 131ST ST 4310 S 131ST ST 4320 S 131ST ST 4385 S 133RD ST 4400 S 131ST PL 4404 S 133RD ST 4435 S 134TH PL OWNER_CITY OWNER_STATE OWNER_ZIP TACOMA WA 98403 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168. SEATTLE WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 SEATTLE 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 98168 BELLEVUE WA 98006 DES MOINES WA 98198 DES MOINES WA 98198 FEDERAL WAY WA 98023 SEATTLE WA 98112 TUKWILA WA 98168 SEATTLE 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 TUKWILA WA 98168 SEATTLE WA 98168 TUKWILA WA 98168 BECKER,BARRY R TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA SCHOOL DISTRICT EKBERG,ALLAN E & CAMOZZI KNUDSON,GERALD NORTH STREAM DEVELOPMENT SMITH,TODD R NORMED-SHAW PARTNERSHIP SEATTLE SMSA LIMITED PRTN STARK,BEN G & DARRYL J Barry Becker/Macadam LLC 4446 S 131ST PL 4487 S 134TH PL 4495 S 134TH PL 4640 S 144TH ST 4920 S 161ST ST 6402 S 144TH ST 1 720 4TH AVE 102 8129 HUDSON PL SW PO BOX 3644 PO BOX 91211 PO BOX 98638 4446 S. 131st.StREET TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA KIRKLAND WA LAKEWOOD WA SEATTLE WA BELLEVUE WA SEATTLE WA TUKWILA WA 98168 98168 98168 98168 98188 98168 98033 98498 98124 98009 98198 98168 • • eitg °f J ukwuea w Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl HEREBY DECLARE THAT: X Notice of Public Hearing Determination of Non -Significance Notice of Public Meeting Project Number: - (iol c 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 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 _8 day of _July in the year 2010 W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC V Project Name: Comp Plan Amendments,/ Rezone Project Number: - (iol c /ZO D Mailing requested by: Rebecca Fox Mailer's signature: /17y?,,r1 W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC V AGENCY LABELS ( ) US Corps of Engineers ( ) Federal HWY Admin ( ) Federal Transit Admin, Region 10 ( ) Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ( ) US Environmental Protection Agency (E.P.A.) ( )US Dept of HUD ( ) National Marine Fisheries Service Section 2 WASHINGTON STATE AGENCIES ( ) Office of Archaeology ( ) Transportation Department (WSDOT NW) ( ) Dept of Natural Resources ( ) Office of the Governor ( ) WA State Community Development ( ) WA Fisheries & Wildlife ( ) 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 ( ) 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 (0 KC ,Dev & Enviro Services-SEPA Info Center y t (�j,J,�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 ommerce ()Q1 Muckleshoot Indian e * 00 Cultural Resources 00Fisheries Program ( ) Wildlife Program ()0 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 Public Notice Mailings For Permits SEPA MAILINGS Mail to: (comment period starts on date of mailing) Dept. of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached list) *Any parties of record * send only the staff report, site plan and the SEPA Determination KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand Tribes — For any application on the Green/Duwamish River, send the checklist and a full set of plans with the Notice Of Application Send These Documents to DOE: SEPA Determination (3 -part from Sierra) Findings (staff report, usu. with MDNS) SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) • Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to owners and to property owners within 500 feet of subject property, comments are due 30 days after the notice of application is mailed/posted. The Notice of Application for Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the Notice of Application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Notice is sent to Ecology's NW Regional Office Shorelands & Environmental Assistance Program. Shoreline Permit Notice of Decision: Mail to: (within 8 days of decision; 21 -day appeal period begins date received by DOE) Department of Ecology Shorelands Section, NW Regional Office State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). *Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: Permit Data Sheet Shoreline Substantial Development Permit (3 -part from Sierra) Findings (staff report or memo) Shoreline Permit Application Form (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) — Site plan, with mean high water mark & improvements — Cross-sections of site with structures & shoreline — Grading Plan — Vicinity map SEPA determination (3 -part from Sierra) Findings (staff report or memo) SEPA Checklist (filled out by applicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) P:Admin\Admin Forms\Agency Checklist 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 IIP Cif* al J ufiwita • Department Of Community Development AFFIDAVIT OF DISTRIBUTION 1, Svedahl HEREBY DECLARE THAT: _Teri 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 Project Number: L09-067, L10-002 Official Notice Rebecca Fox Short Subdivision Agenda 3(Notice of Application Shoreline Mgmt Permit Mailer's signature: Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 ,frf Other: Was mailed to each of the addresses listed/attached on this _ 11 day of May in the year 2010 W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC Project Name: Barry Becker/ Macadam -Becker Comp Plan Rezone Project Number: L09-067, L10-002 Mailing requested by: Rebecca Fox Mailer's signature: i ,( ,frf 4_ J °'_.,,, W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC City of Tukwila Notice of Application Location -4300 S. 133 St., Tukwila, WA File #'s: L09-067, L10-002 Applicant:Barry Becker Property Owners: Barry Becker Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Comprehensive Plan designation and zoning on property located at 4300 S. 133rd St., Tukwila, WA (Tax # 2613200131) The request is to change the current Comprehensive Plan designation and zoning from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR). A Type 2 stream and Type 2 wetland are located on the property. 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 theyy can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Pro- vide comments by 5:OOpm on June 8, 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 Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. After hearing comments from the public at its meeting, the City Council will decide whether to forward the request to the Planning Commission for additional review. Please phone 206-431-3683 to confirm the June 28, 2009 meeting date. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206431-3683. You are receiving this notice because you are a property owner or tenant within 500ft of this project. • c City of Tukwila Notice of Application Location -4300 S. 133 St., Tukwila, WA File #'s: L09-067, L10-002 Applicant:Barry Becker Property Owners: Barry Becker Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Comprehensive Plan designation and zoning on property located at 4300 S. 133rd St., Tukwila, WA (Tax # 2613200131) The request is to change the current Comprehensive Plan designation and zoning from Commercial/Light Industrial ;(C/LI)to MMediump Density Residential (MDR). A Type 2 stream and Type 2 wetland are located on the property. 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. Pro- vide comments by 5:OOpm on June 8, 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 Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. After hearing comments from the public at its meeting, the City Council will decide whether to forward the request to the Planning Commission for additional review. Please phone 206-431-3683 to confirm the June 28, 2009 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 Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 TUKWILA COMMUNITY MEMBER 13319 MACADAM RD S TUKWILA WA 98168 OWN ER_NAM E R HOUSE CONSTRUCTION INC TUKWILA COMMUNITY MEMBER GULLY,PAUL M RINEHART,LINNEA TUKWILA COMMUNITY MEMBER FARNAM,RYAN C & AMBER D TUKWILA COMMUNITY MEMBER CHURCH OF NEZIAH GILL,ANTONE & ERVINA LILJESTRAND,JAMES & DIANE K B HARTY,LAUREN G TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER SMITH,TODD R POIRIER,KONRAD JOANNE M TUKWILA COMMUNITY MEMBER FOSTORIA PARK ASSOC LLC GANTZ,PATRICK A & KATHLEEN D TMACSONS LLC DELTA MASONIC SEBCO INC CHANTHAPHONE,PHAISANE GILLISPIE,CATHY D TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER GAYTHER,JIM TUKWILA COMMUNITY MEMBER OWNER_ADDRESS 1001 N TACOMA AVE 13011 MACADAM RD S 13017 MACADAM RD S 13025 MACADAM RD S 13030 41ST AVE S 13031 MACADAM RD S 13039 MACADAM RD S 13045 MARADAM RD S 13103 MACADAM RD S 13111 MACADAM RD S 13119 MACADAM RD S 13130 44TH AVE S 13136 MACADAM RD S 13305 MACADAM RD S 13319 MACADAM RD S 13325 MACADAM RD S 13405 43RD AVE S 13407 42ND AVE S 15100 SE 38TH ST 792 22027 6TH AVE S 105 27013 PACIFIC HWY S 313 30923 36TH AVE SW 4020 E MADISON ST 320 4031 S 148TH ST 4116S131STST 4122 S 131ST ST 4123 S 130TH ST 4126 S 131ST ST 4130 S 131ST ST 4175 S 131ST ST 4310 S 131ST ST 4320 S 131ST ST 4385 S 133RD ST 4400 S 131ST PL 4404 S 133RD ST 4435 S 134TH PL OWNER_CITY TACOMA TUKWILA TUKWILA TUKWILA TUKWILA SEATTLE TUKWILA TUKWILA TUKWILA SEATTLE TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA SEATTLE TUKWILA BELLEVUE DES MOINES DES MOINES FEDERAL WAY SEATTLE TUKWILA SEATTLE TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA SEATTLE TUKWILA OWNER_STATE OWNER_ZIP WA 98403 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98006 WA 98198 WA 98198 WA 98023 WA 98112 WA 98168 WA 98168 WA . 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 WA 98168 • BECKER,BARRY R TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA SCHOOL DISTRICT EKBERG,ALLAN E & CAMOZZI KNUDSON,GERALD NORTH STREAM DEVELOPMENT SMITH,TODD R NORMED-SHAW PARTNERSHIP SEATTLE SMSA LIMITED PRTN STARK,BEN G & DARRYL J Barry Becker/Macadam LLC 4446 S 131ST PL 4487 S 134TH PL 4495 S 134TH PL 4640 S 144TH ST 4920 S 161ST ST 6402-S 144TH_ ST 1 720 4TH AVE 102 8129 HUDSON PL SW PO BOX 3644 PO BOX 91211 PO BOX 98638 4446 S. 131st StREET TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA. KIRKLAND WA LAKEWOOD WA SEATTLE WA BELLEVUE WA SEATTLE WA TUKWILA WA 98168 98168 98168 98168 98188 98168 98033 98498 98124 98009 98198 98168 Page 1 of 1 67C APN 2613200131 198 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. e ilY,c)kccLcArLify, http://maps.digitalmapcentral.com/production/CityGIS/v07_01_062/index 62b.html 10(6/1 neck 04/14/2010 • Rebecca Fox - Incomplete application materials deadline Page 1 of 1 From: Rebecca Fox • To: ace_construct©yahoo.com Date: 04/07/2010 3:28 PM Subject: Incomplete application materials deadline 6,1 Hello Barry, Per our phone conversation, I understand that you intend to bring in the materials that are needed to complete your Comprehensive Plan/Rezone applications on April 19, 2010 when you return to Seattle. If the applications are not complete by April 26, 2010, they will be canceled. Thank you. Best, Rebecca rox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206-431-3683 (tel) 206-431-3665 (fax) rfox@ci.tukwila.wa.us file://C:\temp\XPGrpWise\4BBCA48Etuk-mail63 00-po 100134633 511E 1 F51 \GW } 00001... 04/21/2010 • at* of Sanaa • Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl HEREBY DECLARE THAT: Project Name: Unified Grocers/Community Bank/Sabey Comp Plan & Zoning Amendment Notice of Public Hearing Mailing requested by: Rebecca Fox 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 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 _13 day of _April in the year 2011 W:\USERS\TERI\TEMPLATES\AFFIDAVIT0J ISTRIBUTION Project Name: Unified Grocers/Community Bank/Sabey Comp Plan & Zoning Amendment Project Number: PL11-001 (L11-001 & L11-002) Mailing requested by: Rebecca Fox Mailer's signature: 7--) Z.-).---;L,f_j&' k_ W:\USERS\TERI\TEMPLATES\AFFIDAVIT0J ISTRIBUTION OWNER_NAME TUKWILA OCCUPANT Rilu, Inc./Randys Restaurant East Marginal Associates TUKWILA OCCUPANT Ness & Campbell Crane, Inc. TUKWILA OCCUPANT CHASE PROPERTY MANAGEMENT ABC Towing, Inc. TUKWILA OCCUPANT Annex 3301 SOUTH NORFOLK LLC 10230 EAST MARGINAL LLC TUKWILA OCCUPANT MASSA, BOB ROACH,JOHN S Linda) Cedar Homes Screamer, Inc. Broadstripe, LLC Harrington Ind. Plastics Herzog Industries, LLC Reliable Auto Motors Heang Chao Jonelle M C Johnsons MICHIGAN PROPERTIES EAST MARGINAL ASSOCIATES BOEING COMPANY OWNER_ADDRESS 10008 E MARGINAL WAY S 10016 E MARGINAL WAY S 10035 E MARGINAL WAY S 10200 E MARGINAL WAY S 10215 E MARGINAL WAY S 10230 E MARGINAL WAY S L 10315 E MARGINAL WAY S 10315 E MARGINAL WAY S 10320 E MARGINAL WAY S 10325 E MARGINAL WAY S 12201 TUKWILA INTL BLVD 12201 TUKWILA INTL BLVD 4TH -FL 3301 S NORFOLK ST 372 S REYNOLDS RD 3720 80TH AVE SE 4300 S 104TH PL 4314 S 104TH PL 4316 S 104TH PL 4322 S 104TH PL 4344 S 104TH PL 4345 S 104TH PL 4719 S 104TH PL 4725 S 104TH PL 5301 2ND AVE S 700 N 36TH ST PO BOX 3707 CITY TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA SEATTLE TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA SEATTLE OTHELLO MERCER ISLAND TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA SEATTLE SEATTLE SEATTLE ST ZIP 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 98168 98168 98188 98168 98168 98168 98168 98168 98168 98168 98168 98168 98118 99344 98040 98178 98178 98178 98178 98178 98178 98188 98188 98108 98103 98124 City of Tukwila Notice of Application Location -10200 E. Marginal Way South, Tukwila, WA 98168 File #'s: E11-003, PL11-001, LI1-001 and L11-002 Applicant/Property Owner: Mikel Hansen/ Sabey Company Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Comprehensive Plan designation and zoning (Tax Parcel #0423049184) from Manufacturing/Industrial Center -Light (MIC/L) to Light Industrial Environmental Review/SEPA-Tukwila has reviewed the project for probable adverse environmen- tal impacts and expects to issue a determination of non -significance (DNS) via the optional DNS pro- cess in WAC 197-11-35 . This may be your only opportunity to comment on the environmental im- pacts 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. Provide comments by 5 p.m. on April 28, 2011.. PUBLIC MEETING & HEARING at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila:: MAY 26, 2011 -PUBLIC MEETING:You may comment on the request on May 26, 2011 at 6:30 p.m. before the Tukwila Planning Commission (City Council Chambers at 6200 Southcenter Boulevard, Tukwila,) After hearing comments from the public, the Planning Commission will forward a recommendation to the City Council. JUNE 13, 2011 -PUBLIC HEARING: You may comment on the request at a public hearing on June 13, 2011 at 7 p.m. before the City Council. Afterward, the City Council take action on the request. Request a copy of any decision, information on hearings, and your appeal rights by calling Project Planner Rebecca Fox at 206-431-3683. 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 corn- ments on the project and they can be delivered to DCD, 6300 Southcenter Blvd, Tukwila, or via email to rfox ci.tukwila.wa.us by 5 p.m. the day of the meeting (4/28)or hearing (6/13). 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 -10200E. Marginal Way South, Tukwila, WA 98168 File #'s: E11-003, PL11-001, LI 1-001 and L11-002 Applicant/Property Owner: Mikel Hansen/ Sabey Company Project Planner: Rebecca Fox, 206-1-3683 Project Description: Amend the Comprehensive Plan designation and zoning (Tax Parcel #0423049184) from Manufacturing/Industrial Center -Light (MIC/L) to Light Industrial Environmental Review/SEPA-Tukwila has reviewed the project for probable adverse environmen- tal impacts and expects to issue a determination of non -significance (DNS) via the optional DNS pro- cess in WAC 197-11-35 . This may be your only opportunity to comment on the environmental im- pacts 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. Provide comments by 5 p.m. on April 28, 2011.. PUBLIC MEETING & HEARING at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila:: MAY 26, 2011 -PUBLIC MEETING:You may comment on the request on May 26, 2011 at 6:30 p.m. before the Tukwila Planning Commission (City Council Chambers at 6200 Southcenter Boulevard, Tukwila,) After hearing comments from the public, the Planning Commission will forward a recommendation to the City Council. JUNE 13, 2011 -PUBLIC HEARING: You may comment on the request at a public hearing on June 13, 2011 at 7 p.m. before the City Council. Afterward, the City Council take action on the request. Request a copy of any decision, information on hearings, and your appeal rights by calling Project Planner Rebecca Fox at 206.431-3683. 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, Tukwila, or via email to rfox ci.tukwila.wa.us by 5 p.m. the day of the meeting (4/28)or hearing (6/13). 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 -10200 E. Marginal Way South, Tukwila, WA 98168 File #'s: EI1-003, PL11-001, LI 1-001 and LI 1-002 Applicant/Property Owner: Mikel Hansen/ Sabey Company Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Comprehensive Plan designation and zoning (Tax Parcel #0423049184) from Manufacturing/Industrial Center -Light (MIC/L) to Light Industrial Environmental Review/SEPA-Tukwila has reviewed the project for probable adverse environmen- tal impacts and expects to issue a determination of non -significance (DNS) via the optional DNS pro- cess in WAC 197-11-35 . This may be your only opportunity to comment on the environmental im- pacts 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. Provide comments by 5 p.m. on April 28, 2011.. PUBLIC MEETING & HEARING at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila:: MAY 26, 2011 -PUBLIC MEETING:You may comment on the request on May 26, 2011 at 6:30 p.m. before the Tukwila Planning Commission (City Council Chambers at 6200 Southcenter Boulevard, Tukwila,) After hearing comments from the public, the Planning Commission will forward a recommendation to the City Council. JUNE 13, 2011 -PUBLIC HEARING: You may comment on the request at a public hearing June 13, 2011 at 7 p.m. before the City Council. Afterward, the City Council take action on request. Request a copy of any decision, information on hearings, and your appeal rights by calli Project Planner Rebecca Fox at 206-431-3683. 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, Tukwila, or via email to rfox ci.tukwila.wa.us by 5 p.m. the day of the meeting (4/28)or hearing (6/13). You are receiving this notice because you are a property owner or tenant within 500ft of this project. Cityof Tukwila Notice of Application Location -1020. Marginal Way South, Tukwila, WA 98168 File #'s: El 1-003, PLl 1-001, LI 1-001 and L11-002 Applicant/Property Owner: Mikel Hansen/ Sabey Company Project Planner: Rebecca Fox, 206-1-3683 Project Description: Amend the Comprehensive Plan designation and zoning (Tax Parcel #0423049184) from Manufacturing/Industrial Center -Light (MIC/L) to Light Industrial Environmental Review/SEPA-Tukwila has reviewed the project for probable adverse environm tal impacts and expects to issue a determination of non -significance (DNS) via the optional DNS cess in WAC 197-11-35 . This may be your only opportunity to comment on the environmental i - pacts 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. Provide comments by 5 p.m. on April 28, 2011.. PUBLIC MEETING & HEARING at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila:: MAY 26, 2011 -PUBLIC MEETING:You may comment on the request on May 26, 2011 at 6:30 p.m. before the Tukwila Planning Commission (City Council Chambers at 6200 Southcenter Boulevard, Tukwila,) After hearing comments from the public, the Planning Commission will forward a recommendation to the City Council. JUNE 13, 2011 -PUBLIC HEARING: You may comment on the request at a public hearing on June 13, 2011 at 7 p.m. before the City Council. Afterward, the City Council take action on the request. Request a copy of any decision, information on hearings, and your appeal rights by calling Project Planner Rebecca Fox at 206-431-3683. 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 roject and they can be delivered to DCD, 6300 Southcenter Blvd, Tukwila, or via email to rfox cr ci.tukwila.wa.us by 5 p.m. the day of the meeting (4/28)or hearing (6/13). 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 NSILA\ ungt da c...e�v-■.� 4�.: _ ; _ _ _ = ril ® en Cty ®®® '.P 11 20 0 • REGU R MEETING .• k® o a.tvl naggerton, Mayor Councilmembers: •o• Joe Duffle • _Joan Hernandez Steve Lancaster, CityAdministrator ❖ Allan Ekberg • Verna Seal Dennis Robertson, Council President + Kathy Hougardy •3 De'Sean Quinn 1908 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.ordinancerenewing 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 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). N 0R- rik, ��% (continued...) 0 III 20, 2010 ... , REGULAR MEETING Monday, September Page 2 6. UNFINISHED BUSINESS (continued) Comprehensive Plan amendments (continued) (3) An ordinance amending the Comprehensive Land Use Maps 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. cfUNCli A GEND SYN0PS1S Initials Meeting Date Prepared by Mayor's rjview Council review 09/13/10 RF '454 1,%N) 09/20/10 RF M II Public Hearing ❑ Other Mtg Date /1 Ordinance CA1'I:(;ORY /1 Discussion Mtg Date 9/20/10 Mtg Date Mtg Date SP< )NS()R ❑ Council ❑ Mayor ❑ Adm Svcs M`I FORMATI ITEIVINO. CAS NUMBER: 1 0-1 00 I ORIGINAL AGENDA DATE: SEPTEMBER 13, Lu1O AGENDA ITEMTITLE Annual Comprehensive Plan/Zoning amendments for 2010 --Public Hearing 9/13/10 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date II Public Hearing ❑ Other Mtg Date /1 Ordinance CA1'I:(;ORY /1 Discussion Mtg Date 9/20/10 Mtg Date Mtg Date SP< )NS()R ❑ Council ❑ Mayor ❑ Adm Svcs ❑ Finance ❑ Fire ❑ Legal ❑ P&R ❑ Police ❑ PW/ 0 DCD SPONSOR'S Tukwila considers SUMMARY review process opportunities September Commission. whether amending its Comprehensive involving the City Council for public comment at 13, 2010 to receive comments Following the hearing, to approve, modify or deny Plan/Zoning map once per year, with a and Planning Commission, including each step. A public hearing is scheduled on on three recommendations from the Planning the City Council will take final action on 9/20/10 on the applications for 2010. RI'.YII'sWED BY ❑ COW Mtg. ❑ Utilities DATE: 08/23/10 ❑ F&S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. /1 CA&P Cmte Cmte ❑ Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMI"ITEE Department of Community Development Forward to Committee of the Whole for hearing oCOST`IMPACT/,tFUND SOURCE',. EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE .. ' ;�rREC'ORD�OF:CO.UN;CIL M TION, , 09/13/10 , .... . Forward to next Regular Meeting, with 2 additional ordinances MTG. DATE 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 09/20/10 Ordinances in final form 21 City of Tukwila Washington Ordinance No. ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL/LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Code 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, Zoning Code and Map 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, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; 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, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application; 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 Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved subject to contract. The property located at 4300 S. 133rd Street, including Tax Parcel #2613200131 described in the attached Exhibit 2, and shown on the map as Exhibit 3, is hereby approved to be rezoned from W:\ Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 1 of 2 Commercial/Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following conditions, including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09-014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event 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. 3. In the event the rezone is voided, the Comprehensive Plan Medium Density Residential rezone shall revert to Commercial/Light Industrial 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 zoning map to show this change in zoning. 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 �.0�J+ day of 50M -VA, Ile•--- , 2010. ATTEST/ AUTHENTICATED: r Christy O'Flaierty, CMC, City lerk APPROV BY: Offi . the Ci orney Ji erton, M Filed with the City Clerk: 9-15 /D Passed by the City Council: .;)6-}0 Published: -/n Effective Date: Ordinance Number: ) Attachments: Exhibit 1 - Findings and Conclusions, Planning Commission Staff Report (File #L10-002), July 22, 2010 Exhibit 2 - Legal Description Exhibit 3 - Zoning Code Map W:\ Word Processing \ Ordinances \ Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 2 of 2 • • EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File # L10-002) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to re -designate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320-0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single-family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill, and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. 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, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement are not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was 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 property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the west of the property, W:\ Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 1 of 5 • • crosses over S. 133rd via a bridge. The 1.72 -acre site is vacant except for a wooden garage that is associated with the single-family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C/LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally sensitive areas, including Southgate Creek, a Type 2 salmon -bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and their buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single-family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C/LI zone to the north, south and east. Topography separates the subject property from single-family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue South. 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), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: • Plan Objective #1—To improve and sustain residential neighborhood quality and livability; and • Goal 3.1 Continue to provide the City's fair share of regional housing; and • Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi -family households. 2. The proposed amendment to the Zoning Map is consistent with they scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ..."intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses..." W.\Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 2 of 5 • • Multi -family duplex, triplex, four-plex units, townhouses up to four attached units, or detached zero -lot -line units are permitted with heights up to 30 feet. One detached single-family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial/light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse, and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well suited to a carefully sited multi -family residential development, or Planned Residential Development (PRD). 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, allowing additional, denser multi -family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well- designed multi -family residential development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety, and comfort through good design. Site-specific development will be planned carefully to accommodate both site-specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. 2) Consistency with Zone: • The desired multi -family residential zoning permits a range of housing to be built, including duplex, tri-plex, four-plex, and townhouses. W:\Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 3 of 5 • • 3) Changed conditions: • Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: • New housing development is in the community interest. • Residential development that is sensitive to the site's environmental characteristics benefits the community. W:\ Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 4 of 5 • • EXHIBIT 2 LEGAL DESCRIPTION That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W:\Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 09/14/2010 Page 5 of 5 • • 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) j/ Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Zoning Lines EXHIBIT 3 Macadam LLC 111=400' • • SUMMARY OF Ordinance No. 2311 City of Tukwila, Washington On September 20, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2311, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL/LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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. Christy O'Flaherty", CMC, City CI Published Seattle Times: September 23, 2010 • • City of Tukwila Washington Ordinance No. D 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 remainingremaining 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 diays 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 . 6 day of Q j1) e M 2 t , 2010. ATTEST/ AUTHENTICATED: F Christy O'Flaherty, CMC, City lerk APPROV e Ji 4'ggerto, or Filed with the City Clerk: cr - 15- i 0, ORM BY: Passed by the City Council: 9 -..0 -10 Published: '1- / 0, o1-3' 0: Offi the City t orney Effective Date: 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 1M/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 BNSF Burlington Northern train yard is approximately t/4 mile east in an IVIIC/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. 115`h 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 m 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. 116`h 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 R/W 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:mrh 09/14/2010 Page 7 of 7 LDR O LDR L09-064 Comprehensive Plan amendment—Manufacturing Industrial Center/Light (MIC/L) to Office (0), and -Low Density Residentiar(LDR)16 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 i Exhibit-3-- I� 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. Published Seattle Times: September 23, 2010 (%F Flahe CMC City O' y, Clerk r 1 = Tukwila Cityty Council Agenda ; r- - s:o T � J r • COMMI E E THE LE + Jim Haggerton, Mayor Councilmembers: °:° Joe Duffie •:• Joan Hernandez Steve Lancaster, City Administrator •:° Allan Ekberg ❖Verna Seal Dennis Robertson, Council President •:• Kathy Hougardy •:• De'Sean Quinn 1908 Monday, ❖. 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. ctJNCIL G_ENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's reviewCouncil review 09/13/10 RF ❑ Other WAl) 09/20/10 RF Mtg Date 9/20/10 Mtg Date Mtg Date Mtg Date CAS NUMBER: 1 0-1 00 ACS 1?NDA ITI?.M TITLE ITEM No. 3 B` 1-4 ORIGINAL AGENDA DATE: SEPTEMBER 13, 2010 Annual Comprehensive Plan/Zoning amendments for 2010 --Public Hearing C:\'I'IiGORY r Discussion ❑ Motion ❑ Resolution /1 Ordinance ❑ Bid Award -1 Public Hearing ❑ Other Mtg Date 9/13/10 Mtg Date Mtg Date Mtg Date 9/20/10 Mtg Date Mtg Date Mtg Date SPONSOR SPONSOR'S SUMMARY ❑ Council 111 Mayor ❑ Adm Svcs DCD ❑ Finance ❑ Fire ❑ Legal ❑ P&R ❑ Police ❑ PW Tukwila considers amending its Comprehensive Plan/Zoning map once per year, with a 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{VIEW D BY ❑ COW Mtg. ® CA&P Cmte ❑ F&S Cmte ❑ Transportation ante ❑ Utilities Cmte ❑ Arts Comm ❑ Parks Comm. ❑ Planning Comm. DATE: 08/23/10 RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE Forward to Committee of the Whole for hearing EXPENDITURE: REQUIRED $0.00 AMOUNT BUDGETED $0.00 APPROPRIATION REQUIRED $0.00 Fund Source: Comments: MTG. DATE TION 09/13/10 MTG. DATE 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 9 TO: FROM: Jack Pace DATE: August 16, 2010 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee SUBJECT: 2010 Comprehensive Plan Amendments and Rezones 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 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 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) e 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 ,f n4iiQhnin 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`d 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) e 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) 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 teuuinates 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 COMMISSION (PC) PI EI W ARING MINUTES JULY 229 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 testifygain that MESA/4s not present to give the presentation. COMMISSIONER MAUNA MADE A MOTION TO Ailf6PT THE PUBLIC 1 7 -TG MINUTES FROM JUNE 24, 2010. COMMISSIONERFBRATCHER SECONDED T` +„"MOTION. THE MOTION WAS UNANIMOUSLY APPRO .--% Staff noted that the public hearing notice that was mailed out e i. a„�„ ast meeting start time of 7:00 PM instead of 6:30 PM Staff also noted that the applicants were expb;G 0tat 7:00 PM, and requested that Case Number L10-034 be heard first on th-g.agenda. Chair Arthur recused himself from hearing i lrraber L10-034, at 6'.4:0I,?M because he is employed by the developer of the Tukwila South annexation areavial t. ase i ljer j0-034. Chair Pro -Tem Bratcher opened the public heallig fo City of TiiMila `-f�„ establish Ming consistent willComprehensive Plan designations in the "kwila Soh annexation area FILE NUMBER: APPLICANT: REQUEST: LOCATION: the:reen River on the -east. A roxirria 5- wacres, genexl'ly located between: South 188th Street on the north outh 2021't'' txeetin:,t1 e south; Orillia Road and Interstate 5 on the west; becca Fox, Senior P�an.ner Depafent.o%Community Development, gave the presentation for staff. Sa :Recommendation: =; establish "urjIerlying" zoning that is the same as the Comprehensive Plan designations within the Tulcwif'a South,.Master Plan area that was annexed to the City of Tukwila per Ordinance.,.&2241. There was no'p fi c testimoii Staff apologized tahC�`'�oinmission 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, 17 Page 2 of 6 July 22, 2010 PC Minutes RECOMMENDATIONS, AND CONCLUSIONS, TO THE CITY COUNCIL. COMMISSIONER 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 meeti g 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 secondul1iethearing case number L09- 064 to start at 7:00 PM, and allow those wishing to testify time to amve. Chair Arthur re -convened the public hearing at 7:00 PM. 11PITrjvals wishing"fo�festify were sworn in. FILE NUMBER: L09-064 APPLICANT: Wooden LLC REQUEST: Amend Comprehensive Plan designail:in on wo Fots, including ilgfrom Manufacturing/Industrial Center-LighC-L) to Office (Tax#,1023049072); and 2) Low Density;,esidential (LDR) to-(:fi.ce (0) (Tax#3351400005) LOCATION: 3914 S. 115th St., Tu`1.vw;%lia; WA 98188 FILE NUMBER: L09-065 APPLICANT: Wooden LLC REQUEST: • Amend.7oning Map design;at ri on two -NW -including 1) from Manadustrial Caister -Light (MFC -L) to Office (Tax#,1023049072); :arid 2) Low T isity Residential (LDR) to Office (0) (Tax#3351400005) LOCATION:3J, ."4 S. 115tj' ., Tukwila, W988 Rebecca Fox gave tl�e presenfatzoxitor staff=S e.rte i'that the Washington Growth Management Act allows amendtti eh,Compr , ensive PlanandHhe Zoning Code once a year. This year there are three reque is for the Commission to ar,, and then forward their recommendations on tq the City Counc. I . vologbe The applicant' shes to obtain') ice designation for two parcels in order to construct an office or similar building. Stan eves that larg jt+ -daytime uses that are allowed in the proposed Office zone, such as office, would protea better transition with fewer impacts to the residential neighborhood than uses, such as manufacturiif nd aul rrepair, that could be built now with the MIC/L zoning. Maximum building heights in thep ped Office zone are 35'/3 stories, compared with the existing 45'/4 stories in the MIC/L lot, and 30'in,he 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. 18 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, intellig nt, green, and friendly development that fits in with the park and the adjacent neighborhoods . r-,,1irmani said that the donated parcel will become part of the river front trail. He said that a mixeigrse buTPd> g. on the site would not work economically. Mr. Firmani also commented that he has met wh staff in-h=Parks and Recreation Department in the past, and that they are supportive of the prpsecl""°. Eric Cobb, Architect, for the applicant, said that the impact of the MIC/L property on the pa„ 1, «'is a significant one. He said that carefully considered lant scafifi ;require nts and landscap uffers between the park and property could significantly ease the trap" LtionMof the»development.:Ie also said that the donated parcel is a substantive improvement to the commueiity and the park. Kathy Desjardin, citizen, asked if there wouljb�e..a benefit to the co"mia:unity to put an office building in between a park and residential area. She raisesevl=ther questionsae:said she would prefer that the zoning not be changed. Ms. Desjardin said that she:re:eed the publ D-notice on July 7th and it had a comment deadline of June 21. won Denise Meyers, citizen, sai rthat cba ging the parc&ijwould be a=negative impact on the surrounding neighborhood significants She sai'dlat increased traffic in the area would be a safety issue for the residents. She also safriTifzild be a` fitge impact to tle.s.tic system for the park and the residents in the neighborhood. Ms. Meye7s;said th donated land to't e City would not be beneficial. She also commented that there is no par1,,Ngin t`Ii.....•— Mark Lut 1, citizen, inq f; d,,on wh'eEi2er there has been a traffic mitigation study. He said that the proposediparcel to be dondtEatia the Cit} .al 's no sense. He said that the biggest issue he is worried about: is p is safety, due tot amount o i affic that would be leaving the area daily. Georgina Kerr :.citizen, said the here should not be this type of building constructed in the neighborhood beta*e it is out o -context and place. She said that it would increase run-off, increase danger to pedestrians .d thattitis too close to the residential area. Ms. Kerr supports mainta iiiii the existing zoning. 7-7 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 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. Chair Arthur clarified that the Planning Commission would make a: ecomm (dation to the City Council and that the City Council will make the final decision. Commissioner Peterson said he thinks that a re -zone tolOffice use would create fewerhpacts, and it seems more functional than the MIC/L use. He also sai there was4io compelling evt aice 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` „at the way that Commissioner Peterson summarized it. He also said that stieFitdocumentation listiiap vithat the current use of the MIC/L could be, and how it could or wouldn't changergitiTrsifgzzoned, was ver -helpful. Commissioner Alford said for the record, she ha;readt", thoroughly and that she appreciates all of the information:, at was presented • Fie said ifQ anew zoning is approved that she hopes the property owner1lirvv upo what he has.karoposed. Shy said that it is probably the best solution when looking aie alloweses for the MICS . She said what is there now makes for a disturbing view frorwt e'p"at and should be in support..of whatever they could do to get rid of it. She said that she has a problem watwo,ri3o ars of the c (rent use if it is re -zoned for the applicant, and that it would be a..hu e allowari n r ,p.,, nand of visual mitigation should occur and something be a fof ' to the citiz'" min the comMety. Staff saw.=if there is consens s:among require o _: -&-type of screening ission, they could amend condition # 2 of the proposed to CommissionaWrthur said tharla"e does not see any compelling reason for the re -zone, but he sees a number of reasons. to approthe change. He went over the six bullet items in section #4, page 6 in d the staff report, angaue.explanation on his opposition with each of the statements. Commissioner Arthur also said that henme 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 MALINA MADE A MOTION ON L09-064, COMPREIIENSIVE 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: APPLICANT: REQUEST: LOCATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: L09-067 Macadam LLC Amend Comprehensive Plan=rde§i Zion frorli.commercial/Light T'ridustrial (C/LD to Medium Density Residenii� RW (Tax# 2613200131) 4300 S. 133rd St., Tukwila, WA L10-002 Macadam LLC Amend Zoning Map deslgnati'WmCommerc>a1%Light Industrial (C/LI) to Medium Density Resider ial (M#43200131) 4300,.5, I-3,3rd St., Tukwila;: Rebecca Fox gave the presentation fldtaff. The intent is to provide a better transition between Commercial/Light Industnal7,on theasf and single far% dousing on the West by constructing housing. Approximately 80 % of the p opsrtyJ s,etland or buffed.. nd 20% can be developed, which would allow four to five units• . • Staff recommendation: a1aprval o a bxltract rezone with the following two conditions: Aad- =t1 code violation7as, incliitirgge conditions outlined in the Special Permission Director (Eiae..# L09-014) is to beicomplefeffby the applicant and finalized by the City of Tukwila by December 31, 2010.(I�1`e staff'"report, the deadline was December 1, 2010, but staff extended it to Dec lber 31, 2010, the applicant's request.) B) In the even hat the abo7e condition is not met by the deadline above, the rezone shall be voided. Medium denst;,Ty Residontial zoning shall revert to Commercial/Light Industrial without further legislative actlori. 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 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. • There was inquiry from Commissioner Peterson on when the TU,C:meetings will resume. Staff will follow up on this, and have a schedule provided to the PlanriTi ommissioii. Meeting Adjourned: Submitted by: 9:32 PM Wynetta Bivens Secretary • • mon FPO • 22 • ' 1 \<. • ,_ c,e,„ •! 'SC • • ./ ,r • . • S113 S t / 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 Zoning Lines EXHIBIT 2 Wooden LLC r=200° L09-064 Comprehensive Plaamendment--Manufacturing Industrial Center/Light UN|C/L\tOOffice KD, and Low Density Residential (LDR) to Office (0) L08'065 Rezone—Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) • 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 Macadam LLC 1"=4O • 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 OverBays and Sub Areas ®®all Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District EXHIBIT 6 SW 43 St Establish Tukwila South Annexation Area Zoning H:\PLANNING\Comp Plan & Zone Amend12010 com_zone amend\Estab Tuk south overlay dist letter line.mxd City of ukwila Community Affairs & Parks Committee O Joe Duffie, Chair O Joan Hernandez 0 Verna Seal. Distribution: B. Giberson N. Olivas J. Duffle M. Hart J. Pace J. Hemandez S. Hunstock D. Speck V. Seal D. Johnson R. Still. D. Robertson S. Kerslake J. Trantina Mayor Haggerton K. Kertzman B. Arthur S. Lancaster G. Labanara C. Parrish E. Boykan K. Matej D. Almberg S. Brown M. Miotke S. Kirby J. Ferrer -Santa Ines C. O'Flaherty S. Norris AGENDA MONDAY, AUGUST 23, 2010 CONFERENCE Room #3, 5:00 PM Mail" T 20 20it D OPS T � • 1 : Ate. •«` :V � � X . rti�{s 1 kac *i(ie Arcio'n Page., 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. Pg.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 (a/so assigned to F&S). 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. TO: • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace DATE: °August 16, 2010 SUBJECT: 2010 Comprehensive Plan Amendments and Rezones 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 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 08/18/2010 H:\COMP PLAN 2009-2010\CC.Hearin --Final.Action--9.10\CAP\M.edits--8.17.10 5 .. . .. ., ... .. ... . ., .r. , . nn.nn ,,, ..n. .w. -.nen .. ../\. 1q, q .. • • 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 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 T.T.\/V11R11 T)T A\T •1111111 ^1 A1A%r',' V.....:.... C:..-1 A A llW AD\AR s.l:.w 0 11 1A 08/182010 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`d 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 13. 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) rf 6 A0/10•••• A1 9 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 rf 6 08/18/2010 10 • • Exhibit 1 PLANNING COMMISSION (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, arid that slaff:uuas not present to give the presentation. COMMISSIONER MALINA MADE A MOTION TO ADOPT T I:E PUBLIC HE i ING MINUTES FROM JUNE 24, 2010. COMMISSIONEI BRATCHER SECONDED itigavionpN. THE MOTION WAS UNANIMOUSLY APPROVED a Staff noted that the public hearing notice that was mailed out`ii;e east meeting start time of1:00 PM instead of 6:30 PM Staff also noted that the applicants were exp titet at 7:00 PM, and requested that Case Number L10-034 be heard first on thagenda. Chair Arthur recused himself from hearing "+ e"upber L10-034, at 6:4(M because he is employed by the developer of the Tukwila South annexaron are$ject. Chair Pro -Tem Bratcher opened the public healing for base FILE NUMBER:L'I0=034. .. City of Tij vin; la - stablish Zang consistent withComprehensive Plan designations in the ukwila So th_annexation area Ap r" cirni`" � ;9 cres, generally located between: South 188t Street on the not 61 uth 2O4 - 't telo :the south; Orillia Road and Interstate 5 on the west; _and the°Leen River on tFieveast. APPLICANT: REQUEST: LOCATION: er 11;0=034. ecca Fox, Senior PlEfA, Depa'r1 elat:of,>Community Development, gave the presentation for staff. Star's Recommendation ablish "iiW Tying" zoning that is the same as the Comprehensive Plan desigtjj ons within the Tul*Ii South., aster Plan area that was annexed to the City of Tukwila per Ordinai12241. There was nojj ;c testimoj Staff apologized tohe)ommission 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 rSTRANDER 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 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 secondpulifil&hearing case number L09- 064 to start at 7:00 PM, and allow those wishing to testify time to f e. Chair Arthur re -convened the public hearing at 7:00 PM. Nom=arrivals wishing!!estify'were sworn in. FILE NUMBER: APPLICANT: REQUEST: LOCATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: L09-064 Wooden LLC 44. Amend Comprehensive Plan designating on wo Tots, including 1 from Manufacturing/Industrial Center -Lights C -L) to Office (Tax#1023049072); and 2) Low Densitt, esidential (LDR) to 9ffice (0) (Tax#3351400005) 3914 S. 115th St., T -ulW A 98188 .44 .44 14440 L09-065 Wooden LLC.4.4.".4"'"" •44440 2 AmendHZoning Map desig;aa,.ign on two including 1) from Mani ars g/Industrial C .ter -Light (MIC -L) to Office (Tax#1023049072); „aid 2) Lowsity Residenfial (LDR) to Office (0) (Tax#3351400005) 44-59.44.s. 115th:, t., Tukwila, W49_8;188 44.44 Rebecca Fox gave the presenfa` ithron' ote.l(that the Washington Growth Management Act allows amenduilen r+ Q:fih!Gompi-eensive Plan ana'The Zoning Code once a year. This year there are three requests for the Cor ission toll*, and then forward their recommendations on to the City Counc31=, 440.4 The applicawishes to obtain mice designation for two parcels in order to construct an office or similar building. Stafiltieves that larg -daytime uses that are allowed in the proposed Office zone, such as office, would provsd"eva better transition with fewer impacts to the residential neighborhood than uses, such as manufacturitttnd autelrepair, that could be built now with the MIC/L zoning. Maximum building heights in the'i fad Office zone are 35'/3 stories, compared with the existing 45 stories in the MIC/L lot, and 30'ine 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,,Irmani said that the donated parcel will become part of the river front trail. He said that a mixediue buidg on the site would not work economically. Mr. Firmani also commented that he has met wiih staff iii Parks and Recreation Department in the past, and that they are supportive of the projec ?. Eric Cobb, Architect, for the applicant, said that the imaet of the MIC/L property on ttiie R? leis a significant one. He said that carefully considered land`s"cape grequire tints and landscapb3uffers between the park and property could significantly ease the trifa,litioatofth6development.41e also said that the donated parcel is a substantive improvement to the community and the park. Kathy Desjardin, citizen, asked if there would be benefit to the co ity to put an office building in between a park and residential area. She raises s "i` i1.Iother questions.- tte aid she would prefer that the zoning not be changed. Ms. Desjardin said that sli received the publ otice on July 7th and it had a continent deadline of June 21. Denise Meyers, citizen, saltat ing the parcilKwould be a negative impact on the surrounding neighborhood significant1 She said at increased tkiffic in the area would be a safety issue for the residents. She also saitild be a�tige impact to tik eptic system for the park and the residents in the neighborhood. Ms. Meyersaid tlf&dortated land to die City would not be beneficial. She also commented that there is no pargin die aita Mark Lu>ridd, citizen, irr4 r d.on wh en there has been a traffic mitigation study. He said that the proposddparcel to be dona't ,d p the Citx ke's no sense. He said that the biggest issue he is worried aboutis uijtc safety, due to b amount oftraffic that would be leaving the area daily. Georgina Keie :c}jzen, said thghere should not be this type of building constructed in the neighborhood bit is out At ontext and place. She said that it would increase run-off, increase danger to pedestrians,.and thatt"is too close to the residential area. Ms. Kerr supports maifiedit 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. 115`h, 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. IAA Chair Arthur clarified that the Planning Commission would make a::recommerfdation to the City Council and that the City Council will make the final decision. mitYMWM Commissioner Peterson said he thinks that a re -zone toMice use would create fewer inpgcts, and it seems more functional than the MIC/L use. He also s dill hthere wis no compelling ev' ence to deny MM.the proposed re -zone, and he is in support of the re -zone. AMAYAMM Commissioner McLeod said if he was to summarize it, he woulcnibl the way that Commissioner Peterson summarized it. He also said that std ocumentation listi "*that the current use of the MIC/L could be, and how it could or wouldn't change"`'ce-zoned, was v erAful. Commissioner Alford said for the record, she has read thrpr ervery thoroughly and that she appreciates all of the informai o tat was presented.� he said f'tl *new zoning is approved that she hopes the property owner vitl%iv u� to what he has �iroposed. She said that it is probably the best solution when looking at e allowed ,es for the mica_ She said what is there now makes for a disturbing view fromAiW k, and sh would be in supriortlpf whatever they could do to get rid of it. She said that she has a problem with twox or years of the c rrent use if it is re -zoned for the applicant, and that it would be a.hu a allowan �'' g �e�,.�nd°p�" e��iaps,scoetnd of visual mitigation should occur and something be a'" forcded&,the citf h in the com><ilu>iiftty. Staff sa"d,f there is consens su among t. requffe so qty type of screenin MieVAMA Commissionerthur said thaae does not see any compelling reason for the re -zone, but he sees a number of reasoirraitto approhe change. He went over the six bullet items in section #4, page 6 in the staff report, and ga explaffation on his opposition with each of the statements. Commissioner Arthur also said that heli ;i ome questions regarding the appropriateness of the public notice. Commissioner Strand 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. 'ssion, they could amend condition # 2 of the proposed to 14 • • Page 5 of 6 July 22, 2010 PC Minutes COMMISSIONER MALINA 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 Plandessi tion from;; Commercial/Ligh rdustrial (C/LI) to Medium Density Residential,:4Di) (Tax# 26132001345 LOCATION: 4300 S. 133` St., Tukwila, WA -� FILE NUMBER: L10-002 APPLICANT: Macadam LLC REQUEST: Amend Zoning Map deli natio" r oint Commercia1/Light Industrial (C/LI) to Medium Density Residei ial (MDR)'a? 261.S'200131) LOCATION: 4300S31 St., Tukwila Rebecca Fox gave the presentation for. staff. The intent is to provide a better transition between Commercial/Light Indusfriahon the East and single fanil y,housing on the West by constructing housing. Approximately 80 % of the' r`operty ii-Sye.Iland or buffer a id 20% can be developed, which would allow four to five units. _ _ `�" "" `" ."�" Staff recommendation Approval obntract rezone with the following two conditions: A)- `All code violation ails, inchiding the conditions outlined in the Special Permission Director OWile# L09-014) is to:becompleted by the applicant and finalized by the City of Tukwila by Dec ber 31, 2010. (fie staff report, the deadline was December 1, 2010, but staff extended it to Dec mer 31, 2010, El, the applicant's request) B) In the evenhat the above condition is not met by the deadline above, the rezone shall be voided. Medium dense y Reside tial zoning shall revert to Commercial/Light Industrial without further legislative acti61 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. 1E 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. • There was inquiry from Commissioner Peterson on when the TUmeetings will resume. Staff will follow up on this, and have a schedule provided to the P ann ig Commission. Meeting Adjoumed: Submitted by: 9:32 PM Wynetta Bivens Secretary MAAM AbAYA`mMON, AM' Ner- 16 --- L09-064 Comprehensive Pian amendment—Manufacturing Industrial Center/Light (MICA.) 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) Proptsed Manufacturing Industrial Center (MICIL) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay SVP • Zoning Lines 6 EXHIBIT 2 ft Wooden LLC >r -a000' • 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 (MICiL) to Office (0), and Low Density Residential (LDR) to Office (0) E1Proposed Manufacturing Industnal Center (MIC/L) to Office (0) and Low Density Residential (LDR) to Office (0) �.�. Zoning Lines EXHIBIT 3 N Wooden LLC r_o' • 1 126 !th 7 • • 1 P Proposed CU to MDR JL L09-067 Comprehensive Plan amendment—Commercial/Light Industrial (CU) to Medium Density Residential (MDR) Ll 0-002 Rezone--Commercial/Light Industrial (C1LI) to Medium Density Residential (MDR) Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) 7nninn I inoQ MAnAdnrri I e 1"=41W -=--EXf-IIBIT 4 Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center CIL( Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial overlays and Sub Areas ®®a Tukwila City Limits w '= Annexation Area (Establish Underlying Zoning Tukwila South Overlay District r, i� EXHIBIT 6 SW 43 S Establish Tukwila South Annexation Area Zoning ir e•a r. s mu's H `FLANhtNGtomp Pian & Zone Amend12010 com_ one amend\Estab Tuk souttr overlay dist letter tineirad • • ATTACHMENT 2 MACADAM, LLC COMPREHENSIVE PLAN / ZONING MAP HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: STAFF REPORT TO THE PLANNING COMMISSION July 22, 2010 Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 Site posted, 7/13/10 L09-067 (Comprehensive Plan Amendment) L10-002 (Rezone) Macadam LLC Amend Comprehensive Plan/Zoning Map from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) 4300 S. 133rd Street, Tukwila (Tax Parcel #261320-0131) Commercial/Light Industrial (C/LI) Commercial/Light Industrial (C/LI) SEPA DETERMINATION: Determination of Non -significance (DNS), 7/21/10 STAFF: ATTACHMENTS: Rebecca Fox A. Application (L09-067)—Comprehensive Plan B. Application (L10-002)—Zoning Map Change C. Minutes—City Council Regular Meeting, 7/6/10 D. Aerial vicinity with zoning E. Zoning map F. Topographic Survey Rf 1 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc 78 FINDINGS Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320-0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single-family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. 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, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code -related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was 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 property is located on the comer of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132"d Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the Rf 2 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc 79 • • west of the property, crosses over S. 133rd via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single-family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C/LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally -sensitive areas, jincluding Southgate Creek, a Type 2 salmon -bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single-family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C/LI zone to the north, south and east. Topography separates the subject property from single-family homes that are immediately west of the property, and across Macadam Road/43m Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue 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? The proposed Comprehensive Plan change from C/LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi -family housing to be built. 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. The Comprehensive Plan states the following: Rf 3 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports \PC.Staff.Rpt.Macadam-Becker..doc 80 Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi -family homes, including owner -occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi -family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi -family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single -and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi -family or single-family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. 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. This policy demonstrates the community's commitment to residential neighborhoods, including multi -family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial/light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial/Light Industrial on the east, and the Low Density Residential on the west. 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. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. Rf 4 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc 81 • • 2) Impacts MDR would allow housing on the now -vacant site. MDR zoning permits a maximum of v --X1-4.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the X1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi -family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial/Light Industrial Zone. The proposed medium -density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial/light industrial designation, would bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single-family homes. 3) Is the proposed change the best means for meeting the identified public Sneed? What other options are there for meeting the identified public need? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C/LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C/LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. Rf 5 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc 82 • A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job -producing business on the site. 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 residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential", and to provide housing in a stable neighborhood. • The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. 2) Impacts? • New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. • Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 3) Meeting identified public need? Other options? • Designating new Medium Density Residential provides the option of additional housing for the area. • Housing could be provided by designating the property as Low Density Residential (LDR) • Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue-producing development. 4) Benefit to the community? • The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. • New development that enhances the site's environmental characteristics benefits the community. • The change to housing use, will remove the opportunity for a commercial/light industrial use. Rf 6 07/15/2010 W:\Users\Minnie\Minnie--PC StaffReports\PC.Staff.Rpt.Macadam-Becker..doc 83 COMPREHENSIVE PLAN—RECOMMENDATION: Staff recommends tliefollowing: Approve the Comprehensive Plan Map amendment of property located at 4300 S. 133rd Street (Tax # 2613200131) from Commercial/Light Industrial to Medium Density Residential 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) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 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 contract rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial/Light Industrial without further legislative action. FILE #L10-002 -- 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), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: • Plan Objective #1—To improve and sustain residential neighborhood quality and livability • Goal 3.1 Continue to provide the City's fair share of regional housing • Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi -family households. 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 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ..."intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses..." Multi -family duplex, triplex, fourplex units, townhouses up to four attached units, or detached zero -lot -line units are permitted with heights up to 30 feet. One detached Rf 7 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc 84 • • single-family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial/light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well-suited to a carefully -sited multi -family residential development, or Planned Residential Development (PRD). 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, allowing additional, denser multi -family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well-designed multi -family residential development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety and comfort through good design. Site-specific development will be planned carefully to accommodate both site-specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. Rf 8 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports \PC.Staff.Rpt.Macadam-Becker..doc 85 • • 2) Consistency with Zone: • The desired multi -family residential zoning permits a range of housing to be built, including duplex, tri-plex, four-plex and townhouses. 3) Changed conditions: • Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: • New housing development is in the community interest. • Residential development that is sensitive to the site's environmental characteristics benefits the community. ZONING—RECOMMENDATION: Staff recommends the following: Approval of the Zoning map amendment for property located at 4300 S. 133rd Street (Tax # 2613200131) from Commercial/Light Industrial to Medium Density Residential with the following conditions: a) 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 1, 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 9 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc 86 AIL Ati ..UL2.r laA ti CITY OF TUKWILA • Department of Community Development COMPREHENSIVE ` Wit=; RZ. _ram PLAN _ �' =-6300 Southcenter Boulevard, Tukwila, WA 981 .8�.;;.�. �:� 4,,, � � , ..;,r„aY Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@ci.tukwila.wa.us ,' AMENDMENTS APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-CPA Planner: (' beC.Ca— x File Number: C r LG� Application Complete (Date: Fig/ / 0 ) Project File Number: Application Incomplete (Date: i/ijro ) Other File Numbers: L l a — co •2_ Log --41j. s'pe.C,r r•Z- Pe -wt is•rt c•t - At✓ec.'t-c,- NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 4/3C O 5 "/33, _ s7 S v' 5 /33Ao, s L1ST ALL TAX LOT NUMBERS (this information may be found on your tax statement). a /.3 . o-oi,?/- 03 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: 3/4-ti‘l Se Address: - ' I� /� ;/ ?'/ Phone: 2.6)4', 1' tS FAX: 2 -O 6 -- it S"-- E-mail: G t_ ad,•t: c.7' "4-4 c •� S ignature: f�,,�K ..�'S� - w Date: / Z. £' C P:\Planning Forms\Applications \CompPlar hg-6-06.doc Attachment A 87 CItY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, INA 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 STATE OF WASHINGTON ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 1y ,3 0 0 5' / .3 3 ,�V " e t _ for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to ,cancel the application(s) without refund of fees. EXECUTED at ZLUZitaS (city), la 3A (state), on 12 / Zct , 20 01 Print Name /tY� /` 3G �e Address c S/4/ 5. / S' / st/0/. 7 e:“.lp Phone Number 2- c' .. l� — '"vGs-3 Signature (44.44 On this day personally appeared before me P7VArrt.4 i l (Lt' to me lcnown to be the individual who executed the foregoing instrument and acknowledged t1At he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS Lei DAY OF 1O;2J 4 VAX, , 20 icci 1 .0.01111111/;41. A /i ..t.. a' . •5510 e�Af E • ¢.# . ct f►OTAR}• 2 • o �"� • My Commission expires on 1 NOTARY PUBLIC in and or the State of Washington residing at '•eciliz i L' P:\Planning Forms \ Applications \CompPlanChg•6-06.dor December 4, 2006 88 CC)I\1PREElENSIVl AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. 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: 1. 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? 2. 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? 3. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. 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!) 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. 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; 7. 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; 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. P:\Planning Forms \ Applications \ CompPlanChg-6-06.doc, 12/04/06 89 City of Tukwila 6300 Southcenter lvd. Suite 100 Tukwila, Wa 98188 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133r St (tax Parcel # 26-13-20-0131) and contiguous with LDR property owned to West 13136}Macadam Rd S. (Tax Parcel # 734060-0722) in Tukwila Washington. A) Comprehensive plan Amendment Criteria 1) We propose a Comprehensive plan change rezone for the East half of property from Commercial / light Industrial to MDR to make the single owner contiguous property all residential which will be Tess environmental impact and topographically contiguous with the existing residential. (The West half of property will remain LDR) 2) This proposed Comprehensive Plan change will meet the need of the community by providing affordable housing. 3) The Proposed Change will be net benefit to the community by providing Medium Density Residential buffer between the existing Commercial / Light industrial and the LDR to the West thus increasing LDR property values adjacent to the West and surrounding area. B) Comprehensive Plan Amendment Criteria 1) We propose a Comprehensive plan Amendment and Zone Change to Residential from Commercial / Light Industrial to make very small available Industrial area (that is left after wetland buffers and Creek buffers) contiguous with adjacent property existing residential zoning. The Industrial property that is currently available is not adequate size to be developed for Commercial / light industrial and is topographically cut off from the adjacent industrial properties to the east and South by a wetland and South Gate Creek. Thus it makes sense to make it Residential. 2) The anticipated impacts of new residential development will be minimiie by for example we will provide onsite drainage that will mitigate impact on the City storm drain system and provide eco friendly wetland improvements and passive energy designed houses. 3) The current Comprehensive plan designation is deficient because the available industrial or commercial area is cut off by a small hill and wetland/ stream to the rest of the C/LR to the East. (Thus commercial traffic access through residential). 4) This proposal will work within the Growth Management Act and comply with requirements that may be identified. It will offer affordable residents with community enhancing inward focusing design to promote neighborhood and wellbeing safety. 5) This proposal provides goals that are specific in county planning such'las following King County on site drainage requirements and wetland enhancement. 6) This proposal should have low to no impact on City infrastructure. With our proposed on site drainage we will have minimal impact on the storm drain system detention capacity and addition of 7 additional structures, residential sewer should be small percentage capacity increase with existing sewer and water laterals available in the adjacent streets. 7) This proposal should be minimal impact to City required capital improvements. 8) There are no other requested changes in City Code or regulations at this time. 1 90 GAR tositeur - tto : U , th'e.e •y.wIE A Portion of ..: . the NW 1/4::of the;.NE.:1/4,= • Sec 15, :T.23 N;` R King :Coi rty,: Washington LEGAL DESCRIPTION• Par el .: rofl � a7?2 'That.portion. Of Lot 48, • itiveralde `interurban Tracts, • ea' gown in Volume: 10' df Plats, ,Page 74, Records • of ruig County, • W ihington,. lying .north of South '133rd Street, eat .of 42nd Avenue•Sonth. and south •-of' the south line of South- 132ad'•Street:.together • • riith'tbe west half of.•vacated 48rd Avenue South • adjalafpg... and $XGWF state: highway sight-of=way: Pei 8 _' ' .24;=13:2:0- 01'31 • • That poitidn of. Lot 18,. Foatoii6 .Gerderi '7tncts, `as . shown' in •Volume .9 of Plats:. Page 95. Records of • • 12ag : County, : Washington, and vacated Squire Street, .lying north =of•Pacdfe. Highway WEPT .the portion thereof `Jog: seat of State highway deeded by • tlydinanee No:.:818285 and except state highway. • right-af—way.• m gtACILMENT B. 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 AMENDMENTS FOR STAFF USE ONLY Permits Plus Type: P-ZCA Planner: l2JC ('c. . Fri' File Number: — 1.1 iv C70L 3 Application Complete (Date: 5]5/io ) Project File Number: ' Application Incomplete (Date: jJZsflo ) Other File Numbers: I, per —0 & .7 Cpec.-c i' Perm is:rtyn 07»e v- L--v 7"O pi- - OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and - subdivision, access street, and nearest intersection. `71 5/30 V S.. / iifa $/. 7 f3/ 34 / LiF'. t.1,r+4Y/- C'o�.�- eon ccL7- S S /5'3', v S� LIST ALL .TAX LOT NUMBERS (this information may be found on your tax statement). ©/ 1.0 r 6) 0-) rr _k I.7 G `73(tUL0_072/2. 9Z L 4 (-or /r - L_-') 1) 9S-V !'4� A-c-re f DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, a 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. t Name: Olta-J Address: %!/k ram.: Ap. 414...... (2' 6/ ; F- Phone: 6 �. - R 3 FAX: e — : 4(4-- ."_ ?") .5'— E-mail: e. N J' 747"ve_ 74- le / Signature: C-=✓u �� -%`.e"`� Date: • / Z, ?_S:' _0y 4/ Y 6 S". / ,3 /s _ ,,D/- P:\Planning Forms\Applications\ZoneChng-6-06.doc Attachment B 93 STATE OF WASHINGTON COUNTY OF KING • 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 The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at • (city), (state), on Print Name Address Phone Number Signature ,20 On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that be/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF , 20 NOTARY PUBUC in and for the State of Washington residing at on My Commission expires December 4.2006 \ tinning Forms\ ApplicationsVoneChng-6-06.doc 94 ZONING CODE AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. 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; (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; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and (4) That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. P:\Planning Forms \ Applications \ZoneChng-6-06.doc December 4, 2006 95 95 Zone Arnendmill Criteria 12-28-09 City of Tukwila _6300_ Southcenter Blvd. Suite 100 Tukwila, Wa 98188 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4309 S. 133 St (tax Parcel # 26-13-20-0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel # 734060-0722) in Tukwila Washington. A) Zone Amendment Criteria 1) This Requested Zone change is consistent with the Comprehensive plan policies in that we will be providing a less environmentally impacting project jthat is closer in adjacent contiguous use that is residential. 2) The title and description of the zone map changes are consistent with ithe zone use classification requested that shall be medium density residential which will complement and enhance the adjacent Low density residential directly to the west. 3) There are nuances to and changed conditions of zoning layout that cannot be fully understood at initial time of designation. For example, the newer Sensitive Area Ordinance and environmental setbacks and property development restrictions now change how this property can be accessed and developed. In the past we could develop buildings in the wetland area and put roads and bridge across streams without much restriction. With the new wetland restrictions and Buffer requirements, the area remaining for Commercial Industrial use is cut off from the Industrial to the East. Therefore in order to use as currently Zoned we would need to provide Commercial industrial traffic through the residential neighborhood and LDR on the upper half of site. 4) This proposed Zone change will be in the best interest and welfare of the public safety by providing a lower impact use. The development will, also provide inward focused community and neighborhood building design layout that will promote safety and prowler visibility. This will also build and light previous vacant lot area that will make it more safe. 96 1 96 fr-ir relec+1 • . . . . A .Portion o..: • . . •• • • • : • • . • • -,••••••• ••• • . ..• • ..'ftbe•NW•1/46f 50s4Sy fykapoary LoiL - ••• . • • • •". . ' . • • -• • • . • • • • .set • • • ' • . w. • . (3."-:Ita..-=•L Vow. f SO% • SE.Tbeeic • --lipitatoltaaMPRPIArr-A-• • • ' •" . _::—.:TteviEortnimmaciecknw; • r.!7417 • s . .• • • • ,.• • • ••• '• • 15; .T *Al, R..4 E • • • • ' ' • ' " • •• " l• • .• N•R 4:f t . •11(1* .:County,.. Washington.. 429e.A • • PRA*444E- sY sit • " . • RE)11414 • • *:" . 1. • .. • . • • :! • • • cAZ. ' . •: • • • . • . Pleakee • • • :wimmur• oaRD. • • • . • )40e-z- .*. • . : • - •• •.. • •• • •• • . . • • . • .• • . . . CAP_Attli r -756: 37. •- . . . • • ce - •••••'' . • .. • •••-• ••••• • • . • . • • • : • • •4 1.• ••• •••••• • • • .-VIC7AqTY. AIAP:. • • ••'• • • •: scAce-1 Rio/ 1/4. Aar .. . . • .... • • • • • ' . • si . • - • -• ''••• • LEGAL liE-SCRIP.770N- •-• -• • Arre.ILL:::::•ielt.4-6i,;:b .-612-1:. • • . . ••• • • . .: • . :That..ye;rtian. Of LOA 48.• Riverside latarukban •iraits.;'• : • • • f' ' • ai•ithowa 121 Yoh.t.aie: 10' of 1104 74. Records • ••_ • •Of Iag Coanty.'•Waihialtazt, lying .north of South • • • . • •• . . 133rd Street, ediirt .et 441CATenUe• Scatty -and smith • .ofithe sautti line •of South•.132nd'zStreet;:tagether • • ••• vreat••half of "nested 43rt Avenue South • •::. *". • •apd• •xxcion state:-!*wayrignt—ot_ suer. • • ' ;. • •1••* . . • •• , as 7anduomfe•141t9• .oGardeS.exiSioll'i'brdct!' of- .; ' • . ...lancrottatyorashlagton, and vacated Squire Stkeet, • . •• •-• .• lying north .ot•Peoffie..frighway. 87CCEPT .the portion • •thereoPlying:east of State *Away deeded by • . • • Ordinagee •No: 618285 and- °Seep! state highiray • • • • . . . right—of7w. . ••• • •• . • • . •. • . • .. ." • •.. . •• . • . - • :I-01 ..• . . . :• . •• • . • . . - COCO LEGEND roum, BRASS MONUMENT IN CASE - fT8. 2002 srr 3Ae'RE-BAR & CAP MEBRUARY 2002 SERER AMANNINE STORM DAMN MANHOLE ROCK WALL n BLOCK WALL 11 CRAWL SURFACE — rENCE' TREE CURVE TABLE ELM . RAWUS LENGTH 6v67►' 736 00" • 510'01' 57E100 1IS60 905.27 I6a56 117.1E 88.66 • LINE TABLE 70RECNON INSTANCE V 0906b0" E V 8056'45" C V 7140'45' W V 670775" W 5070.45' W :ELM' 67.90' 66.51" 6L65' 47.05' 9EARWG ava COUNTY ASSESSORS MAP • DATA: n.uso.eo' 6.41191r 1.10671. ♦ ♦ \%, 1• 50 0 • 50 . . L50 • .Scale, r' n 50 R • TOPOGRAPHIC SURVEY MAP . . • ♦♦ ♦ • • 1 • • ! LEGAL DESCRIPTION • . Parcel 4 ' That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records of Ring County, Washington, lying north of South 133rd Street; east of 42nd Avenue South, and south of the south line of South 132nd Street; together with the west half of vacated 43rd Avenue South adjoining.. and EXCEPT state highway right -al -way. ,Parcel B That portion of Lot 18, Fostoria Garden Tracts, as • shown in Volume 9 of Plats. Page 95, Records of . King County. Washington, and vacated Squire Street, lying north of Pacific Highway. EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right-of-way. r • E r N1!0.47 1E le NE: 6.4T tte•su 6.42 VERTICAL DATUM: NAYD 1988 . • BENCHMARK: CPI700S-264 %SOOT .BRASS DISK . IN CONCRETE LOCATED IN THE PAVED AREA. BETWEEN THE MATNL94E OF NO SR5 AND THE .. ON -RAMP FROM INTERURBAN AVE. ' . ELEVATION a 25.99 FEET. • co A Portion of the NW 1/4 of the N4, Sec. 15, T23N,R4 IMP King County, Washington Section 15, T 23 N, R 4 E Tukwila City Council Regular Meeting Minutes July 6, 2010 W ; 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, AMKUS RESCUE SYSTEMS TWO AGED AND OBSOLETE 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 9720. b. 2010 Comprehensive Plan Amendments. (The Council may: o Refer the proposal as is to the Planning Commission for further review; or o Modify the proposal and refer to the Planning Commission for further review; or o Defer consideration until dieter time to get more information; or o Reject the proposal.) MOVED BY ROBERTSON, SECONDED 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 affirmative. *MOTION 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 ORDI1ANCE 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 TUKVVILA 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 c�liRHERNANDEZ l�� s o �o �®oar o�®i PROPOSED �uMEORDINANCE3BE ADOPTED AS READ. MOTION 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. Attachment C 99 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 ATTACHMENT D7 Macadam idam LLC 1 " m 419 101 ■ limp. WPM Eemu Ito L09-067 Comprehensive Plan amendment--Commercial/Light Industrial (CILI) 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 ATTACHMENT E Aft N Macadam LLC r 400' 103 LEGEND T08N0 BRASS Af3YUMENT PI CASE - FEd 2002 SET 5/8" RE -BAR & CAP FEBRUARY 2002 SERER MANHOLE STORM DRAIN MANHOLE Roca WALL w 8LoaWALL j CRAWL SURFACE fENCE TREE CURVE TABLE ELTA. . 6V8?l' 73600" 570171" RAMIS 571100 115.80 985.51 tiNGIH 165.56 117.16 68.66 LINE TABLE 7RECRON V 090600" E •V 803645" E V 7610'45' W V.62V775" W i 5078'45" W DISTANCE 2530' 67.90' 61151' 61.85' 47.06' 5EARfiVa I7N0 COUNTY ASSESSOR' MAP d ;USW ipeub S901 1UXWLA 4 IU1R F915 r Nat 610' IE 9' NE: 7.69 IE r se 7.59 TOPOGRAPHIC SURVEY MAP for .: • LEGAL DESCRIPTION • Parcel 4 That portion of Lot 48, Riverside Interurban Tracts. as shown In Volume 10 of Plats. Page 74. Records. of King County; Washington. lying north of South 133rd Street; east of 42nd Avenue.South. and south of the south line of South 132nd Street; together. with the west half .of vacated 43rd Avenue South adjoining.. end EXCEPT state highway right-of-way. Parcel B • That portion of Lot 18. Fostoria Carden Tracts. as shown in Volume 9 of Plats. Page 98, Records of . King County, Washington. and vacated Squire Street, lying north of Pacific .Highway. EXCEPT the portion thereof lying east of State Highway deeded. by • Ordinance No. 618285 end except state highway right-of-way:.• . . 5901 11111W6A I 1E r Nat 6.47 tE 9' NE: 647 IE r SE:642 VERTICAL DATUM: NAVD 1988 BENCHMARK: 0P17005-264 WSDOT BRASS DISK tN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINLINE OF NB SR5 AND 1HE ON -RAMP FROM INTERURBAN AVE. ELEVATION a 25.99 FEET. z .. bo c 1:14 tin T A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T 23 N, R 4 E, W.M. King County, Wash ngtt1 Section 15, T 23 N, R 4 E • DRAFT Attachment 2B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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 approval of the application to amend the Comprehensive Land Use Map designation, and has made and entered Findings and Conclusions thereon in support of that recommendation; 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, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; 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 of the Planning Commission 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 Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. W:\ Word Processing\Ordinances\Comp Plan Amend Macadam -1.doc RF:mrh 08/16/2010 Page 1 of 2 105 • Section 2. Re -designation Approved. The property located at 4300 S. 133rd Street, including Tax Parcel #2613200131 and described in the attached Exhibit 2, is hereby approved to be re -designated from Commercial/Light Industrial (CLI) to Mediurn Density Residential (MDR) subject to the following: A. All requirements of the following contract rezone must be met including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09-014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event that the above condition is not met by the deadline above, the Residential designation shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. B. 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. 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 day of , 2010. ATTEST/AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit 1 - Exhibit 2 - Exhibit 3 - Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Findings and Conclusions, Planning Commission Staff Report (File #L09-067 Sr L10-003) Legal Description Comprehensive Plan Map W:\ Word Processing \ Ordinances \Comp Plan Amend Macadam -1.doc RF:mrh 08/16/2010 Page 2 of 2 106 • • EXHIBIT Findings and Conclusions Planning Commission Staff Report (File # L09-067 and L10-003) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320-0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single-family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. 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, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code- related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland arid watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was 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 property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the west of the property, crosses over S. 133rd via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single-family house located on the adjacent lot, also owned by the applicant, W:\ Word Processing\Ordinances\Comp Plan Amend Macadam -1.doc RF:mrh 08/13/2010 Page 1 of 6 107 • • immediately to the west. The subject C/LI property and the adjacent LDR lot are, essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally -sensitive areas, including Southgate Creek, a Type 2 salmon -bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single-family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C/LI zone to the north, south and east. Topography separates the subject property from single-family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue 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 recommendationwill 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? The proposed Comprehensive Plan change from C/LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi -family housing to be built. 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. The Comprehensive Plan states the following: Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi -family homes, including owner - occupied townhomes, provide opportunities for individuals and families to live in !and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi -family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. W:\Word Processing\ Ordinances\ Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 2 of 6 108 • • Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi -family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single - and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi -family or single-family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. 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. This policy demonstrates the community's commitment to residential neighborhoods, including multi -family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial/light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial/Light Industrial on the east, and the Low Density Residential on the west. 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. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. 2) Impacts MDR would allow housing on the now -vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD). could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi -family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial/Light Industrial Zone. The proposed medium -density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial/light industrial designation, would W:\Word Processing\Ordinances\Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 3 of 6 109 • bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single-family homes. 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? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C/LI designation and developing the site for commercialpirposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C/LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job -producing business on the site. 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 residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential", and to provide housing in a stable neighborhood. • The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. W:\Word Processing\Ordinances\Comp Plan Amend Macadam - 1.doc RF:mrh 08/13/2010 Page 4 of 6 110 • • Impacts? ® New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. • Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 2) Meeting identified public need? Other options? • Designating new Medium Density Residential provides the option of additional housing for the area. • Housing could be provided by designating the property as Low Density Residential (LDR) • Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue -producing development. 3) Benefit to the community? • The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. • New development that enhances the site's environmental characteristics benefits the community. • The change to housing use, will remove the opportunity for a commercial/light industrial use. W:\Word Processing\Ordinances\Comp Plan Amend Macadam -1.doc RF:mrh 08/13/2010 Page 5 of 6 111 • • EXHIBIT 2 That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W:\Word Processing\ Ordinances\ Comp Plan Amend Macadam -1.doc RF:mrh 08/13/2010 Page 6 of 6 112 Proposed CLII 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) Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Zoning Lines EXHIBIT 3 ft Macadam LLC r°=400' 113 • • DRAFT Attachment 2C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 4300 S. 133rd STREET, TUKWILA, FROM COMMERCIAL/LIGHT INDUSTRIAL (CLI) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Code 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, Zoning Code and Map 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, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; 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, the capability of building additional housing and providing options for home ownership will provide opportunities for Tukwila residents and will strengthen neighborhoods; and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application; 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 Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved subject to contract. The property located at 4300 S. 133rd Street, including Tax Parcel #2613200131 described in the attached Exhibit 2, and shown on the map as Exhibit 3, is hereby approved to be rezoned from W:\ Word Processing \ Ordinances \Comp Plan Amend Macadam - 2.doc RF:nvh 08/16/2010 Page 1 of 2 115 • Commercial/Light Industrial (CLI) to Medium Density Residential (MDR) subject to the following conditions, including: 1. All code violation issues, including the conditions outlined in the Special Permission (File # L09-014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. 2. In the event 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. 3. In the event the rezone is voided, the Comprehensive Plan Medium Density Residential rezone shall revert to Commercial/Light Industrial 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 zoning map to show this change in zoning. 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. I 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 , 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit 1 - Exhibit 2 - Exhibit 3 - Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Findings and Conclusions, Planning Commission Staff Report (File #L10-002), July 22, 2010 Legal Description Zoning Code Map W:\Word Processing \ Ordinances \ Comp Plan Amend Macadam - 2.doc RF:mrh 08/16/2010 Page 2 o0 116 EXHIBIT 1 Findings and Conclusions Planning Commission Staff Report (File # L10-002) July 22, 2010 Commercial Light Industrial to Medium Density Residential at 4300 S. 133rd Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to re -designate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320-0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single-family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill, and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. 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, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code - related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement are not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was 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 property is located on the corner of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the west of the property, W:\Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:rnrh 08/13/2010 Page 1 of 5 117 • • crosses over S. 133rd via a bridge. The 1.72-acre site is vacant except for a wooden garage that is associated with the single-family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C/LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally sensitive ares, including Southgate Creek, a Type 2 salmon -bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and thle buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single-family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C/LI zone to the north, south and east: Topography separates the subject property from single-family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue South. 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), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: • Plan Objective #1—To improve and sustain residential neighborhood quality and livability; and • Goal 3.1 Continue to provide the City's fair share of regional housing; and • Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi -family households. 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 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ..."intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses... " W:\Word Processing\ Ordinances\ Comp Plan Amend Macadam - 2.doc RF:mrh 08/13/2010 Page 2 of 5 118 • • Multi -family duplex, triplex, four-plex units, townhouses up to four attached -units; -or -detached zero -lot -line units are permitted with heights up to 30 feet. One detached single-family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial/light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse, and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well suited to a carefully sited multi -family residential development, or Planned Residential Development (PRD). 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, allowing additional, denser multi -family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well - designed multi -family residential development would benefit the community more. than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety, and comfort through good design. Site -specific development will be planned carefully to accommodate both site -specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. 2) Consistency with Zone: • The desired multi -family residential zoning permits a range of housing to be built, including duplex, tri-plex, four-plex, and townhouses. W:\Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 08/13/2010 Page 3 of 5 119 • • 3) Changed conditions: ® Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: ® New housing development is in the community interest. ® Residential development that is sensitive to the site's environmental characteristics benefits the community. W:\Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 08/13/2010 Page 4 of 5 120 EXHIBIT 2 LEGAL DESCRIPTION That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right -of way. W:\Word Processing\Ordinances\Comp Plan Amend Macadam - 2.doc RF:mrh 08/13/2010 Page 5 of 5 121 girl I =sal 6— , mom Emu P k*. 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 EXHIBIT 3 Tukwllca I� Macadam LLC 1" 400' 123 • city of Tukwila Jim Haggerton, Mayor Department of Community Development 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. 133rd 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. 133rd 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, 7/13/10 FILE NUMBER: L09-067 (Comprehensive Plan Amendment) L10-002 (Rezone) APPLICANT: Macadam LLC REQUEST: Amend Comprehensive Plan/Zoning Map from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) LOCATION: 4300 S. 133rd Street, Tukwila (Tax Parcel #261320-0131) COMPREHENSIVE PLAN DESIGNATION: Commercial/Light Industrial (C/LI) ZONE DESIGNATION: Commercial/Light Industrial (C/LI) SEPA DETERMINATION: Determination of Non -significance (DNS), 7/21/10 STAFF: Rebecca Fox ATTACHMENTS: A. Application (L09-067)—Comprehensive Plan B. Application (L10-002)—Zoning Map Change C. Minutes —City Council Regular Meeting, 7/6/10 D. Aerial vicinity with zoning E. Zoning map F. Topographic Survey Rf 1 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports \PC.Staff.Rpt.Macadam-Becker..doc • • FINDINGS Background and Project Description The applicant, Barry Becker/Macadam LLC, is requesting to redesignate one vacant parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) at 4300 S. 133rd Street, Tukwila, WA (Parcel # 261320-0131). The applicant is seeking the Comprehensive Plan amendment and rezone in order to develop the property for residential use. He believes that a residential use would be more appropriate to the site, and provide a better buffer for adjacent single-family uses than the commercial and light industrial uses allowed under the current Comprehensive Plan and zoning. (Attachments A and B) The property is the site of an ongoing code violation that includes removing vegetation, placing illegal fill and parking construction vehicles in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction that allows him to perform work to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. 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, and to proceed with consideration of the Comprehensive Plan amendment and rezone. After delays caused by wet spring weather, the applicant is making good progress in correcting the required code violations. The mitigation and improvements shall be completed by the end of the planting season. A contract rezone and Comprehensive Plan amendment can be used to stipulate that all code -related work be complete by a date certain a condition of the change from Commercial/Light Industrial to Medium Density Residential. This will ensure that all needed work is accomplished, and will provide the applicant with further incentive for completing all the work in a timely manner, while protecting the City's interests. In the event that wetland and watercourse mitigation and improvement is not completed as required, the Comprehensive Plan designation and rezone will revert to the prior designation. The Community Affairs and Parks Committee was 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 property is located on the comer of 44th Avenue South and S. 133rd Street (4300 S. 133rd Street). The property is bounded on three sides by S. 132nd Street to the north, 44th Avenue South to the east, and S. 133rd Street to the south. Macadam Road, to the Rf 2 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports \PC.Staff.Rpt.Macadam-Becker..doc • • west of the property, crosses over S. 133rd via a bridge. The 1.72 acre site is vacant except for a wooden garage that is associated with the single-family house located on the adjacent lot, also owned by the applicant, immediately to the west. The subject C/LI property and the adjacent LDR lot are essentially an "island" surrounded by roadway on all sides, and separated from both nearby commercial/light industrial and residential uses. The majority of the subject property contains environmentally -sensitive areas, including Southgate Creek, a Type 2 salmon -bearing stream, a Type 2 wetland associated with the stream, and their associated buffer areas. The buffer for a Type 2 stream is 100 feet, and the buffer for a Type 2 wetland is 80 feet. The site also includes a steep slope with moderate potential for geologic instability. The applicant has applied for and received a 50% buffer reduction, which makes the stream buffer 50', and the wetland buffer 40.' Vicinity: The property is located approximately a block west of Interurban Avenue and SR 599. It marks the boundary between Commercial/Light Industrial (C/LI) zoning and uses, and Low Density Residential (LDR) zoning and single-family homes. A cluster of commercial and light industrial uses, including Ace Construction, Far West Paint, Marshall Tool and Supply, Alaska Air Forwarding, Bay Valve Service and Normed are located in the surrounding C/LI zone to the north, south and east. Topography separates the subject property from single-family homes that are immediately west of the property, and across Macadam Road/43rd Avenue South. Riverton Park is west across Macadam Road, and the Church of Neziah is in the next block. Medium Density and High Density zones are found west across 40th Avenue 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? The proposed Comprehensive Plan change from C/LI to MDR is not specifically addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The rezone would allow new multi -family housing to be built. 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. The Comprehensive Plan states the following: Rf 3 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports \PC. Staff.Rpt.Macadam-Becker.. doc Comprehensive Plan Objective #1. "To improve and sustain residential neighborhood quality and livability." Under Medium Density Residential (MDR) designation, multi -family homes, including owner -occupied townhomes, provide opportunities for individuals and families to live in and contribute to the community. Neighborhood residential quality and livability can be enhanced with the proposed MDR zoning by allowing multi -family housing, including townhomes to be built. Future development in the MDR zone could add additional housing choices to the community. Housing Goal 3.1: Continue to provide the City's fair share of regional housing. MDR zoning would allow multi -family housing to be built on the site. Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single -and multi family households. This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to provide housing choice for future residents. Multi -family or single-family housing could be built with the MDR designation, consistent with this Comprehensive Plan policy. 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. This policy demonstrates the community's commitment to residential neighborhoods, including multi -family. Much of the site contains environmentally sensitive streams and wetlands that limit its development potential. It is not likely that a commercial/light industrial use could be located at the site. The requested Medium Density Residential could provide an effective transition between the Commercial/Light Industrial on the east, and the Low Density Residential on the west. 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. The proposed MDR zoning provides the opportunity for new residential development to transition away from the neighboring Commercial/Light Industrial zoning and uses. Rf 4 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc 2) Impacts MDR would allow housing on the now -vacant site. MDR zoning permits a maximum of 14.5 units per acre. With a stream, a wetland and their associated buffers on the property, the number of potential housing units that could be built would be much lower than the maximum allowed. The applicant's schematic drawing shows four units on the 1.75 acre site. Any future development would be carefully sited. If desired, a Planned Residential Development (PRD) could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. This would increase the overall housing stock in Tukwila. The request is considered a downzone, and the potential impact of allowing housing units in the proposed MDR zoning is generally less than the impacts of the existing commercial and light industrial uses in the immediate vicinity. Any future multi -family development on the site would add some traffic and noise. The location of the environmentally sensitive areas dictate that new housing will be built on the western portion of the site, farthest from commercial and industrial activity in the Commercial/Light Industrial Zone. The proposed medium -density residential designation will provide a better transition to the adjacent low density residential, than the existing commercial/light industrial designation, would bring new residents to the neighborhood and has potentially fewer impacts on the adjacent single-family homes. 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? The public need and the State of Washington Growth Management Act requirement for additional housing opportunities and choices could be accommodated by designating the property as MDR. With careful site design, perhaps through a Planned Residential Development (PRD) and/or in combination with the adjacent property, several homes could be constructed on the western portion of the property while leaving the stream and wetland intact. The community's need for housing could also be met by designating the property Low Density Residential (LDR), like the western portion of the block. Alternately, the public need for businesses that produce employment and revenue might be met by retaining the existing C/LI designation and developing the site for commercial purposes. The environmentally sensitive areas that cover most of the site have limited commercial development, and will likely continue to do so. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change will benefit the community by allowing housing to be built. The current C/LI designation immediately adjacent to LDR is an abrupt transition. MDR could provide a more gradual and appropriate transition from commercial and light industrial uses to housing. This could benefit the residential community. Rf 5 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc • A Planned Residential Development, permitted under the Medium Density Residential zoning could be built to make best use of the site's natural environment, and to encourage efficiency in the layout of housing and public improvements. Changing the existing C/LI designation removes the option of future job -producing business on the site. 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 residential neighborhoods, to provide needed regional housing, to retain adequate land zoned "residential", and to provide housing in a stable neighborhood. • The proposed Comprehensive Plan change/Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. 2) Impacts? • New housing units would increase traffic and noise, but this is likely to be less than the impact of future commercial/light industrial activity on the site. • Specific redevelopment plans will undergo environmental, design review and building permit review to address potential impacts. 3) Meeting identified public need? Other options? • Designating new Medium Density Residential provides the option of additional housing for the area. • Housing could be provided by designating the property as Low Density Residential (LDR) • Retaining the Commercial/Light Industrial zoning retains the somewhat distant option of eventual employment and revenue -producing development. 4) Benefit to the community? • The proposed change will create the opportunity for an increased supply of new housing and housing options which benefits the community. • New development that enhances the site's environmental characteristics benefits the community. • The change to housing use, will remove the opportunity for a commercial/light industrial use. Rf 6 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc COMPREHENSIVE PLAN —RECOMMENDATION: Staff recommends the following: Approve the Comprehensive Plan Map amendment of property located at 4300 S. 133rd Street (Tax # 2613200131) from Commercial/Light Industrial to Medium Density Residential 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) are to be completed by the applicant and finalized by the City of Tukwila by December 1, 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 contract rezone is voided, the Comprehensive Plan Medium Density Residential designation shall revert to Commercial/Light Industrial without further legislative action. FILE #L10-002 -- 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), both the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive Plan, as follows: • Plan Objective #1 To improve and sustain residential neighborhood quality and livability • Goal 3.1 Continue to provide the City's fair share of regional housing • Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi -family households. 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 18.12.010 Purpose, the requested Medium Density Residential (MDR) district is ..."intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group housing and related uses..." Multi -family duplex, triplex, fourplex units, townhouses up to four attached units, or detached zero -lot -line units are permitted with heights up to 30 feet. One detached Rf 7 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff Rpt.Macadam-Becker..doc • • single-family dwelling unit is permitted per lot. This type of development is consistent with the Medium Density Residential (MDR) zoning that is requested. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. The current commercial/light industrial zoning has not produced new development. The development of the nearby Riverton Park provides an amenity that supports additional residential development. The applicant is providing mitigation and improvements to the wetland, watercourse and buffers that are required in order to correct code violations. Once these mitigation and improvement actions are complete, the site will be especially well -suited to a carefully -sited multi -family residential development, or Planned Residential Development (PRD). 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, allowing additional, denser multi -family housing to be built could benefit the region and the community by providing additional housing choices and tax income. Well -designed multi -family residential development would benefit the community more than the existing vacant property. Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse or other housing project promote public health, safety and comfort through good design. Site -specific development will be planned carefully to accommodate both site -specific and neighborhood conditions. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, parking, and other impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement will provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • The proposed MDR zoning is consistent with existing Comprehensive Plan policies that support stable neighborhoods, more housing, and offer a range of housing types. Rf 8 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Macadam-Becker..doc • 2) Consistency with Zone: • The desired multi -family residential zoning permits a range of housing to be built, including duplex, tri-plex, four-plex and townhouses. 3) Changed conditions: • Additional emphasis is placed on providing additional choices in housing type and ownership for current and future Tukwila residents. 4) Community interest: • New housing development is in the community interest. • Residential development that is sensitive to the site's environmental characteristics benefits the community. ZONING —RECOMMENDATION: Staff recommends the following: Approval of the Zoning map amendment for property located at 4300 S. 133`' Street (Tax # 2613200131) from Commercial/Light Industrial to Medium Density Residential with the following conditions: a) 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 1, 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 9 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports \PC.Staff Rpt.Macadam-Becker..doc • ATADIENT A CITY OF TUKWILA Department of Community Development COMPREHENSIVE 6300 Southcenter Boulevard, Tukwila, WA 981 i : C rz € PLAN Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@ci.tukwila.wa.us AMENDMENTS APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-CPA Planner: C' c Cct_ �c X File Number: / !� C) CH� IG/� ' '� Application Complete (Date: SI s/ l , ) Project File Number: Application Incomplete (Date: 424 /to ) Other File Numbers: L. i co — oe, "Z Loq -614 spec,'s-e. Pe -col rs-ri0r., - Qt✓2'c -p,- NAME OF PROJECT/DEVELOPMENT: p:� --c>5s LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. I31C0 s'/333 S S V s /-'.?Ao. sl'`, LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). a /3. o Chi,?J- 0,3 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: S/ j SeCrketZ_ . Address: `�y�" / 3/ i P/ /c,:/ccc,, el-, ?S/6 '' Phone: ,4)(, -- Vt. - 4' FAX: 3,06ti -- Fe, s' E-mail: it%t`.^ v G-7`- ittr�G•� Signature: - -7;c-cc/ Date: / 2 -- Z £ — ("P P:\Planning Forms \ Applications \CompPlanthg-6-06.doc Attachment A • • 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 STATE OF WASHINGTON ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me ormy agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grams the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at y .3 C 0 5. / 3 3 .zi.) . 5 F _ for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at IL1i2at (city), WA (state), on 1Z )2'1 , 20 01 Print Name !J 4Ir`r 8 e. Gk ' Address 44't / F, j f / .3 / s,G /.�✓k.,4 l. / ,,, Phone Number ; -%C 6 -- .,,. ct 6— C7 U s's Signature e — ".�" .J-- On this day personally appeared before me k'?lrt's to me known to be the individual who executed the foregoing instrument and acknowledged tilt he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS LC� DAY OF C.¢ ytA6 & , 20 C.fl 41/1. )1/4, , 7 , 62, NOTARY PUBLIC in Old or the State of Washington residing at Ci 1 i~ C :)i My Commission expires on P:\Planning Forms \ Applications \CompPlanChg-6-06.doc December 4, 2006 COMPREHENSIVE PLAN AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. 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: 1. 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? 2. 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? 3. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. 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!) 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. 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; 7. 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; 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. P:\Planning Forms \ Applications \CompPlartChg-6-06.doc,12/04/06 • • Comprehensive plan change Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 12-28-09 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133r St (tax Parcel # 26-13-20-0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel # 734060-0722) in Tukwila Washington. A) Comprehensive plan Amendment Criteria 1) We propose a Comprehensive plan change rezone for the East half of property from Commercial / light Industrial to MDR to make the single owner contiguous property all residential which will be less environmental impact and topographically contiguous with the existing residential. (The West half of property will remain LDR) 2) This proposed Comprehensive Plan change will meet the need of the community by providing affordable housing. 3) The Proposed Change will be net benefit to the community by providing Medium Density Residential buffer between the existing Commercial / Light industrial and the LDR to the West thus increasing LDR property values adjacent to the West and surrounding area. B) Comprehensive Plan Amendment Criteria 1) We propose a Comprehensive plan Amendment and Zone Change to Residential from Commercial / Light Industrial to make very small available Industrial area (that is left after wetland buffers and Creek buffers) contiguous with adjacent property existing residential zoning. The Industrial property that is currently available is not adequate size to be developed for Commercial / light industrial and is topographically cut off from the adjacent industrial properties to the east and South by a wetland and South Gate Creek. Thus it makes sense to make it Residential. 2) The anticipated impacts of new residential development will be minimize by for example we will provide onsite drainage that will mitigate impact on the City storm drain system and provide eco friendly wetland improvements and passive energy designed houses. 3) The current Comprehensive plan designation is deficient because the available industrial or commercial area is cut off by a small hill and wetland/ stream to the rest of the C/LR to the East. (Thus commercial traffic access through residential). 4) This proposal will work within the Growth Management Act and comply with requirements that may be identified. It will offer affordable residents with community enhancing inward focusing design to promote neighborhood and wellbeing safety. 5) This proposal provides goals that are specific in county planning such as following King County on site drainage requirements and wetland enhancement. 6) This proposal should have low to no impact on City infrastructure. With our proposed on site drainage we will have minimal impact on the storm drain system detention capacity and addition of 7 additional structures, residential sewer should be small percentage capacity increase with existing sewer and water laterals available in the adjacent streets. 7) This proposal should be minimal impact to City required capital improvements. 8) There are no other requested changes in City Code or regulations at this time. 1 1?e5eP•" FZ ]F LaTB'RRcM innEreur lgiv3rw,a4 M'&Dtuprpo ;jL''e irfl4L - rr w�uanH • F�`i- fzet49Xixo A Portion of the NW 1/4:of the NE 1/4, Sec. 15, T 23 N; R 4:,E, W.M. King :County,: Washington Section 15, T 73.'N, R. 4 E LEGAL DESCRIPTION Parati.p- That.portion. of Lot 48, Riverside 'Interurban Tracts,- es shown in Volume: 10 • of 'Plate, .Page 74, Records . -of Xing County,., Washington, lying north of South lS3rd Street, emit of 42nd'Avenue South, and south ..or the south line of South- 1S2ndStreet; ; together with • the westhalf of .'vacated 43rd Avenue South adjoining, and 'EXCEPT state:: highway right-of-way: • parcel 13 .2G-13-20=.0E31 • That portion of. Lot 18, Fostoria Garden Tracts, as .. eh'onnin . Volume 9 of Plats. Page 95, Records of • 7Gng.'County,:Washington, and vacated Squire Street, lying. north .of -Pacific Highway, EXCEPT the portion `thereof'lying east of State Highway deeded by Ordinance .No:618285 and except state highway. - right-of-way. ..: RECEIVED. DEC 3 0 2DD9 ALc • • CITY OF TUKWILA Department of Community Development ,,,,, 6300 Southcenter Boulevard, Tukwila, WA 9618& Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail.: tukplan@ci.tukwila.wa.us • ATTACHMENT B ZONING CODE AMENDMENTS FOR STAFF USE ONLY Permits Plus Type: P-ZCA Planner: Rt=-Y.J e ere_ ,1'x File Number: 1 ' L 1 — OL Application Complete (Date: 515110 ) Project File Number: ' Application Incomplete (Date: j I-26 l a ) Other File Numbers: Ott' - 0 & q Cpe c: c Ne Perm ujic4 0:,-eJw L-v 1 •- r t,{- NAME OF PROJECT/DEVELOPMENT: FA- oe-•13.1 L ww a4 9I_Uff_le'ti4iS iT LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and • subdivision, access street, and nearest intersection. 5 300 S. /.'3',, 13/ 34= ' ) co rw %�' �' . { s S l ?,e4 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). €i •)e•31/4` `73ytoL0-v727- 3-41t. Lay- A- - t,� .�1) t) 5Z;' 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 o is the primary contact with the City, to whom all notices and reports will be sent. Name: i13 Address: 4'5e6 5 / .3 / r- ,D1. Phone: 2..n 477 - 9 .P3 FAX: 5-6 E-mail: .s' �'"uG ?L i '� %el - Signature: - C� , Date: Attachment B 7.4 trv;- "1 /Cc F- P: \ Planning Forms \ Applications \ZoneChngr-6-06.doc 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 STATE OF WASHINGTON ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the Loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at (city), (state), on , 20 Print Name Address Phone Number Signature On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF , 20 NOTARY PUBLIC in and for the State of Washington residing at on My Commission expires P:\Planning Forms \ Applications \ZoneChng-6-06.doc December 4, 2006 The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. 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; (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; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and (4) That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. P:\Planning Forms \ Applications \ZoneChng-6-06.doc December 4, 2006 95 • • Zone Amendment Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 12-28-09 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300;S. 133` St (tax Parcel # 26-13-20-0131) and contiguous with LDR property owned to West 1313'6 Macadam Rd S. (Tax Parcel # 734060-0722) in Tukwila Washington. A) Zone Amendment Criteria 1) This Requested Zone change is consistent with the Comprehensive plan policies in that we will be providing a less environmentally impacting project that is closer in adjacent contiguous use that is residential. 2) The title and description of the zone map changes are consistent with the zone use classification requested that shall be medium density residential which will complement and enhance the adjacent Low density residential directly; to the west. 3) There are nuances to and changed conditions of zoning layout that cannot be fully understood at initial time of designation. For example, the newer Sensitive Area Ordinance and environmental setbacks and property development restrictions now change how this property can be accessed and developed. In the past Nye could develop buildings in the wetland area and put roads and bridge across lstreams without much restriction. With the new wetland restrictions and Buffer requirements, the area remaining for Commercial Industrial use is cut off from the Industrial to the East. Therefore in order to use as currently Zoned wei would need to provide Commercial industrial traffic through the residential neighborhood and LDR on the upper half of site. 4) This proposed Zone change will be in the best interest and welfare of the public safety by providing a lower impact use. The development will also provide inward focused community and neighborhood building design layout that will promote safety and prowler visibility. This will also build and light previous vacant lot area that will make it more safe. 96 1 g44181-1 gNOCeE . famnan \�e� urc4ey S U5 a P °LPf ketsW 541b - a fa --107- --IF L,DT 75' FRO-1 .• = k►n1Eer-xr/"PG l4PIA RW -.. 112.' M&OIUM 170' estsun4L 44157- IS I3a go S1'-_ - d .. .._ '. . A : Portion of ..: • ...the NW.1/4.of the• •Sec 15, T.:13 N; It 4 E;.• W.M. • King .:County,:.Washington . Section 15, • T 23. N, R. 4 E • - `•VICINITY MAP:' • . • SCALE.' 1 'INCH d 1/4•NIE . • LEGAL. DESCRIPTION • . That. portion. of Lot 48,'Riverside Interurban •Tracts,:'• . ' as 'shown In Volurue' 10' of •Plats, .Page 74, Records . •ol IGirg County,•Weahtagton, lying north of South - . ';'i33rd Street, east.of 42nd''Avenue-South, rand south • ..of 'the south line of South'132nd'<Street;:together .' • siith'the west. half of tvacated 43rd Avenue South • adjolnipg,, and 'EXCEPT state:highway right-of=nay: • Paic+d li a .'':2to-13-2A-:,61SI ::. • ' That.•poition of Lot 18, Fostoria .Carden 'Tracts, --es . ehoitn • in l Volume 9 of Plats.. Page 95, Reoorda of • Ring:•CoUnty,.:Washington, and vacated •Squire Street, • lying north .af Pacific. Tfighway, EXCEPT •the portion • tbereol.`1y1ng:.eest of State Highway deeded by • .Ordinance. No: 618285 and. except state highway • • right-of-way. . . • . RFCEI VEJ DEC 3 0 20U9 : cc CO LEGEND FOUND BRASS MONUMENT IN CASE - FEB. 2002 S£r 5/9' RE -BAR & CAP FEBRUARY 2002 SEWER MANHOLE STORM ORNN MANHOLE ROCK WALL a BLOCK WALL CRAWL SURFACE — FENCE TREE CURVE TABLE ELM RADIUS LENGTH 6128'21' 738'00' 510'01' 570.00 115.80 985..17 160.56 117.16 88.86 LINE TABLE 71RECDON DISTANCE V 09'06'00' E V 0056'45' E V 76'40'45' W V 620775' W 1 50'18'45' IV 47.06' 28.JO' 67.90' 68.51: 61.85' SEARING KIND COUNTY ASSESSORS MAP N 6974'55- N! 4`\ J 50 SZ°O.q., r .( • H^ 59.04 1UNe5A 4 AIM: 16.39 IE 6- It 6' NU 7.60 B 6• St: 7.59 89511 ( •l4t(.:i7•.r /f•1 • "— S.-133rd-Street., 50 150 .Scole1.a50R • TOPOGRAPHIC SURVEY MAP for ' 1 i DAM 8.150.e0' 0.57.56'00' 1.151.67. • LEGAL DESCRIPTION Parcel A That porUon of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records of King County, Washington, lying north of South 133rd Street, east of 42nd Avenue South, and south of the south line of South 132nd Street; together with the west half of vacated 43rd Avenue South adjoining,, and EXCEPT state highway right-of-way. Parcel 8 That portion of Lot 18, Fostoria Carden Tracts, es shown In Volume 9 of Plats, Page 95, Records of . King County. Washington. and vacated Squire Street, lying north of Pacific Highway. EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right-of-way. 5511 nnne 8': IE 0• HIM 6.47 1E e• NE: 6.47 It e• SE, 6.42 VERTICAL DATUM: NAVD 1988 BENCHMARK: DP17005-264 WSDOT•BRASS DISK 'IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINLINE OF NB SR5 AND THE ON -RAMP FROM INTERURBAN AVE. ELEVATION a 25.99 FEET. A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T 23 N, R 4 E, W.M. King County, Washington Section 15, T 23 N, R 4 E South/ale p. Perk . • • Tukwila City Council Regular Meeting 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 r,efer to the Planning Commission for further review; or • Defer consideration until a 'later time t4 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 affirmative. *MOTION 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 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) ,.,.,..o,,. Zoning Lines ATTACHMENT D Macadam LLC it N 1"=419' LDR Proposed CL/I 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) Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Zoning Lines ATTACHMENT E Macadam LLC 1" 400' LEGEND FOUND BRASS MONUMENT IN CASE - fEB. 2002 SET 5/8- RE -BAR & CAP fEBRUARY 2002 SEWER MANHOLE STORM DRAIN MANHOLE ROCK WALL • BLOCK WALL GRAVEL SURFACE FENCE TREE CURVE TABLE ELTA 6'0821` 738'00` 5T0'01' RADIUS 570.00 11580 985.37. LENGTH 160.56 117.16 8886 LINE TABLE 7IRECIION V 09'06'00- E V 8036'45` E V 76'40'45' W V 6217725` W 5018'45' W DISTANCE 2 .30' 67.90' 68.51' 61.85' 47.06' 9EARNG KING COUNTY ASSESSORS MAP re E DMA, \ • `yam;.,..., • -- ----- _L 897295• E • i 514..72 ' : .. S. 133fd Street . Sede 1. s 50 R • TOPOGRAPHIC SURVEY MAP for Mr. Barry :Becker T../... ,.'l, 1A/:. # 'IL n • 4 DATA: R.150.00. o•5T56'00- . ,1,152.5T LEGAL DESCRIPTION Parcel A That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records. of King County, Washington. lying north of South 133rd Street, east of 42nd Avenue. South, and south of the south line of South 132nd Street; together with the west half of vacated 43rd Avenue South adjoining,, and EXCEPT state highway right—of—way. Parcel B That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats. Page 95, Records of King County, Washington, and vacated Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 818285 and except state highway right—of—way. TUKNOA 1 s 8' RM as IE 8• HE 6.47 8. se 6.42 VERTICAL DATUM: NAVD 1988 BENCHMARK: OP17005-264 WSDOT BRASS IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINLINE OF NB SR5 AND TH ON -RAMP FROM INTERURBAN AVE ELEVATION a 25.99 FEET. E c DATE• J-2-10 A Portion of DISK the NW 1/4 of the NE 1/4, Sec. 15, T 23 N, R 4 E, W.M. King County, Washington Section 15, T 23 N, R 4 E VICINITY MAP STATE OF WASHINGTON DEPARTMENT OF COMMERCE 12S- 1+'r A1varrrre Sl4i • Pi) Pox 42515 • i!lyrrrp.1.. 111.rsirirrgrorr:+0145?4-2525 • (60)'25-1000 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, Buda Weye Ike Nwankwo Technical & Financial Assistance Manager Growth Management Services STATE OF WASHINGTON DEPARTMENT OF COMMERCE 128 - 10-1 Avenue SW • PO Sox 42525 • Olympia. Washington 98504-2525 • (360) 725-4000 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, Xinda Wey Ike Nwankwo Technical & Financial Assistance Manager Growth Management Services CITY OF TUKWILA Department of Community Development ENVIRONMENTAL 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 REVIEW E-mail: tukplan@ci.tukwila.wa.us • SEPA APPLICATION FOR STAFF USE ONLY Permits Plus TYPE P-SEPA Planner: I� 6eCCA- FOX File Number: E I- D - z i 3 Application Complete (Date: r1f 7/ /c2 ) Project File Number: Application Incomplete (Date: ) Other File Numbers: L f)q -pc Y ) IN 0odp4 Log -ohs NAME OF PROJECT/DEVELOPMENT: Go 1 -0 b 7 L l' 60 2--6e< 2 1 o C:o ke pie'1` &els ��c riam A-vioktd m614-5 i2c .t),1es LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. - - _ �oq-o col > 39/2 s //J': j-, 7, I/c 4;; Laci --0(,' LAD -002 7 15Dd -. S, /�.1"f, 7-04541/7e Wig 9A/8� LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 1-0q -O (y L/ I_o q- 06, j #/ D 2 3 oic 7Z # 33.s-/ O p 0 0 s__ -Ot -o107 LID-pz6/320 0/3/ DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/, pplica 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: iei?,6e CC 6C - )( / Yr, P/A h he-r Address: C/ 7 / c/- / v /c Gv i/ -, Phone: (206) ?3 r� )C GJ a - E-mail: 3 0 v c'o ✓7Y, cep ram— /g/ad %v.-w//< id - 990 FAX(2-Z) f3/ vcJ Signature: /<=e-01ec <_ T X Date: 0/ o H:\COMP PLAN 2009-2010\ SEPA—#E10-013\ SEPA Environmental Review Application-Ju12010.doc • • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplanaci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at (city), (state), on , 20 Print Name Address Phone Number Signature On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF 20 NOTARY PUBLIC in and for the State of Washington residing at My Commission expires H:\COMP PLAN 2009-2010\ SEPA—#E10-013\ SEPA Environmental Review Application-Ju12010.doc r City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director November 22, 2010 Mr. Barry Becker 4416 S. 131st Place Tukwila, WA 98168 Re: 4300 S. 133rd Street RFA08-342 and L09-014, Sensitive Areas Special Permission Dear Mr. Becker, The City conducted an inspection on November 17, 2010 of the wetland and stream buffer restoration and enhancement work at the address referenced above and found the implementation of the Mitigation Plan (dated April 14, 2009) to be acceptable, pending receipt of the following: 1) Wetland biologist's "as -built" plan of the monitoring transects; 2) List of plants installed at the site; 3) Verification of the removal of the silt fence; and 4) Financial assurance mechanism (cash assignment or bond) in the amount of 150% of the cost of all maintenance and monitoring activity for five years. Please provide a cost estimate for maintenance and monitoring to the City for approval. The five-year maintenance and monitoring period for this mitigation area begins as soon as the City receives the above information and the financial assurance. You are reminded that you are responsible for installing some type of irrigation system to ensure plants get sufficient water during dry periods for 2 to three seasons, until they are established. The project must meet all performance standards as listed in the approved Mitigation Plan. The performance standard for invasive vegetation must be met in the entire project site, and not just in the monitoring transects. The contingency plan must be implemented when necessary. Initials Page 1 of 2 C:\Temp\GWViewer\Barry Becker letter wetland mitigation plan implementation.doc 11/29/2010 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 The approved mitigation plan the minimum monitoring and maintenance requirements are as follows: Activity Reporting Year 1 Maintenance (includes weed control, replacement of dead plants, repair of fencing or signage, additional mulching to control any erosion or weeds, etc.) Between Jan. 1 and March 1 Between April 1 and June 1 Between July 1 and September 30 Between October 15 and December 30 Email notification within 2 weeks Monitoring Between July 1 and September 31 Due October 30, 2011 Years 2, 3, 4, 5 Maintenance (includes weed control, replacement of dead plants, repair of fencing or signage, additional mulching to control any erosion or weeds, etc.) Between April 1 and June 1 Between July 1 and September 30 Email notification within 2 weeks Monitoring Between July 1 and September 31 Due October 30 of each year The violations noted in the January 29, 2009 Notice and Order have been resolved by the restoration and mitigation work completed under L09-014. A copy of this letter may be filed with the King County Records Office as proof of compliance. Contact the Recorders office for requirements and associated fees. Feel free to contact me (206-431-3663; swhiting@ci.tukwila.wa.us) or Rebecca Fox (206-431- 3683; rfox@ci.tukwila.wa.us) if you have any questions. Sincerely, Sandra Whiting City of Tukwila Urban Environmentalist Cc. Rebecca Fox Kathy Stetson SW Page 2 of 2 11/29/2010 H:Sandra\Land use permit memos and letters\Barry Becker wetland buffer • • City of Tukwila Jirn Haggerton, Mayor Department of Community Development Jack Pace, Director September 23, 2010 Barry Becker 4446 S 131st Place Tukwila WA 98168 RE: Rezone Permit L10-002 Dear Mr. Becker: We are ready to issue the decision on your land use permit, however there is a balance due of $49.00 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 • City of Tukwila Department of Community Development File Number L10-002 (Rezone) L09-067 (Comp Pln) LAND USE PERMIT ROUTING FORM TO: in Building Planning I❑D Public Works ire Dept. Police Dept. n Parks/Rec Project: Macadam LLC—Comprehensive Plan and Rezone —from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Address: 4300 S. 133rd St (Vacant lot at corner of 44th Avenue S. & S. 133rd St.) Date transmitted: May 11, 2010 Response requested by: May 28, 2010 Staff coordinator: Rebecca Fox Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60-day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) F\t`-c -C\C. (.4...S3 )1e, �ar.��... y 4ot —\Lit f L ",+ mpg 5-- QRZ. �ac� t„ eoL S t it, 4-6 u S S korAkkas S Plan check date: 1 Comments Update date: .(n�11\ prepared by:.. Y S\ • City of Tukwila • Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF COMPLETE APPLICATION May 5, 2010 Barry Becker 4446 S. 131st St Tukwila, WA 98168 RE: Macadam LLC L09-067 (Comprehensive Plan Amendment) C/LI to MDR L 10-002 (Rezone) C/LI to MDR Dear Mr. Becker: Your applications for a Comprehensive Plan Amendment and Rezone for property generally located at 4300 S. 133rd St., Tukwila, WA from C/LI to MDR, are considered complete on May 5, 2010 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the City of Tukwila from requiring that you submit additional plans or information, if we believe 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. If you have questions, you may contact me at (206)431-3683 or via email at rfox@ci.tukwila.wa.us Sincerely, Rebecca Fox Senior Planner Rf 1 05/12/2010 H•ICO'L1P PLAN 20119-2(Uo BerkPr-- LI-MDR CDmnletenps&-BPekvr--C1.1 to MDR- jwjf dnr 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 • • Initials Page 2 of 2 05/12/2010 H:\COMP PLAN 2009-2010\Becker--CLI-MDR\Completeness-Becker--CLI to MDR--pdfdoc • Page 1 of 1 Rebecca Fox - Becker Property --Comp Plan, Rezone, Buffer Reduction, Code Violation From: Rebecca Fox To: ace_construct@yahoo.com Date: 04/06/2010 1:30 PM Subject: Becker Property --Comp Plan, Rezone, Buffer Reduction, Code Violation Attachments: Hello Mr. Becker, I know that you're on vacation. Please review the attached letter that discusses deadlines and requirements for the Comp Plan amendment, rezone, Special Permission --Buffer Reduction and code violation issues. Meeting: Minnie Dhaliwal and I can meet with you on Monday, April 12 at 2 p.m. at the site. Please let me know if this works for you. (You'd requested a meeting on Monday, April 15, but that is a Thursday, so I'm assuming that you meant Monday, April 12. I will be out of the office from April 15 through April 28.) Incomplete Comprehensive Plan/Rezone Application deadline --April 26, 2010: As of now, your applications for Comprehensive Plan and Rezone are incomplete. Celeste mentioned that you were interested in delaying review of the rezone and Comp Plan. Unfortunately, we do not have the option of delaying consideration of your current application until 2011. You must submit the missing materials by April 26, 2010 or the applications will be canceled. If you do not meet the April 26, 2010 for providing all the Comprehensive Plan and Rezone application materials and the application is canceled, you may reapply for consideration in 2011. However, please note that you will need to resubmit application materials and will need to pay new application fees. I hope that you have a good vacation. Please contact me to confirm that you've received this email. Thank you. Rebecca rox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206-431-3683 (tel) 206-431-3665 (fax) rfox@ci.tukwila.wa.us file://C:\temp\XPGrpWise\4BBB3779tuk-mai16300-po 100134633511E 1 A51 \GW } 00001.... 04/21/2010 • • Page 1 of 2 Rebecca Fox - Fwd: Becker Property --Code Violation, Special Permission, Comprehensive Plan & Rezone From: Rebecca Fox To: ace_construct@yahoo.com Date: 03/24/2010 3:32 PM Subject: Fwd: Becker Property --Code Violation, Special Permission, Comprehensive Plan & Rezone Attachments: Hi Mr. Becker, I'm resending the email that was sent to you on 3/1/7/10. It summarizes the materials that you need to provide,and the schedule in order for the City of Tukwila to review your applications for Comprehensive Plan amendment and rezone. Please reply to this message to confirm that you've received it. Thank you. »> Rebecca Fox 03/17/2010 1:23 PM »> Dear Mr. Becker: This message will summarize our discussion last week with you, Celeste Botha and DCD staff. As discussed, it is necessary to provide the following before we can proceed with your rezone andcomprehensive plan amendment applications: 1) Complete Comprehensive Plan amendment/Rezone Applications Provide all the materials that are required to complete your applications. For your convenience, the letter of January 26, 2010 is attached. 2) Special Permission/Buffer Reduction Provide a revised planting plan and schedule for removing fill from and planting the affected buffer and wetland areas no later than April 15, 2010. Provide an estimate of the cost/value of mitigation (fill removal, site preparation, invasive plant control, planting, mulching, etc.), as well as a cost/value for maintenance and monitoring for a 5 year period, no later than April 15, 2010. As a requirement of the Special Permission/Buffer Reduction, you will provide bonds for the value of removing the illegal fill, and monitoring the wetland for five years to ensure that plantings are established . 3) Wetland & Buffer Planting Once the Special Permission/Buffer reduction is issued, complete the planting for the wetland and the buffer (the portions that won't be potentially affected by possible future stormwater features) no later than May 31, 2010. Planted areas will need to be watered through the summer and fall (in dry periods) and possibly the summer of 2011 until plants are established. Therefore, the revised wetland/buffer mitigation plan should indicate how watering will be done and the frequency. 3) Obtain Public Works Permit and Resolve Code Violation Once the City has issued the Special Permission for work in the wetland and buffers, resolve your code violation issues by carrying out the first phase of the mitigation plan (minus the buffer area referenced above to be mitigated at a later date), i.e., removing the illegal fill in the wetland and buffer area, controlling invasive plants and replanting. Prior to beginning work to remove the illegal fill, you shall apply for and obtain a Public Works permit. Submit complete Public Works application materials as soon as possible prior to April 12, 2010 We need to keep this moving forward by addressing the Code Violation, and Special Permission. If you are unable to meet the schedule, it may be necessary to postpone consideration of your application for Comprehensive Plan amendment and rezone until next year. file://C:\temp\XPGrpWise\4BAA3092tuk-mai16300-po 100134633511 DFB31\GW} 00001... 04/21/2010 • • Page 1 of 2 Rebecca Fox - Becker Property --Code Violation, Special Permission, Comprehensive Plan & Rezone - From: From: Rebecca Fox To: ace_construct@yahoo.com Date: 03/17/2010 1:23 PM Subject: Becker Property --Code Violation, Special Permission, Comprehensive Plan & Rezone Attachments: Dear Mr. Becker: This message will summarize our discussion last week with you, Celeste Botha and DCD staff. As discussed, it is necessary to provide the following before we can proceed with your rezone and comprehensive plan amendment applications: 1) Complete Comprehensive Plan amendment/Rezone Applications Provide all the materials that are required to complete your applications. For your convenience, the letter of January 26, 2010 is attached. 2) Special Permission/Buffer Reduction Provide a revised planting plan and schedule for removing fill from and planting the affected buffer and wetland areas no later than April 15, 2010. Provide an estimate of the cost/value of mitigation (fill removal, site preparation, invasive plant control, planting, mulching, etc.), as well as a cost/value for maintenance and monitoring for a 5 year period, no later than April 15, 2010. As a requirement of the Special Permission/Buffer Reduction, you will provide bonds for the value of removing the illegal fill, and monitoring the wetland for five years to ensure that plantings are established . 3) Wetland & Buffer Planting Once the Special Permission/Buffer reduction is issued, complete the planting for the wetland and the buffer (the portions that won't be potentially affected by possible future stormwater features) no later than May 31, 2010. Planted areas will need to be watered through the summer and fall (in dry periods) and possibly the summer of 2011 until plants are established. Therefore, the revised wetland/buffer mitigation plan should indicate how watering will be done and the frequency. 3) Obtain Public Works Permit and Resolve Code Violation Once the City has issued the Special Permission for work in the wetland and buffers, resolve your code violation issues by carrying out the first phase of the mitigation plan (minus the buffer area referenced above to be mitigated at a later date), i.e., removing the illegal fill in the wetland and buffer area, controlling invasive plants and replanting. Prior to beginning work to remove the illegal fill, you shall apply for and obtain a Public Works permit. Submit complete Public Works application materials as soon as possible prior to April 12, 2010 We need to keep this moving forward by addressing the Code Violation, and Special Permission. If you are unable to meet the schedule, it may be necessary to postpone consideration of your application for Comprehensive Plan amendment and rezone until next year. Please reply to this message to confirm receipt. You may contact me if you have questions. Sincerely, file://C:\temp\XPGrpWise\4BA0D7DBtuk-mail6300-po 100134633511DE891\GW} 0000... 04/21/2010 • Page 1 of 1 Rebecca Fox - Business Licence for Contractor Storage Area From: Rebecca Fox To: ace_construct@yahoo.com Date: 03/08/2010 5:40 PM Subject: Business Licence for Contractor Storage Area Hi Mr. Becker, Glad that you and Celeste were able to come in today to discuss the various issues pertaining to your property. If you decide to operate a contractor storage area at the site, the City Clerk's office will require a separate, new business license that's specific to 4300 S. 133rd St. Applications are available from the City of Tukwila website under the "Business" section. How much would you use the site? If the contractor storage area is unstaffed and/or used infrequently, they could issue a non -fee business license. If it will be used frequently and/or have a staff person, there will be a $100 fee. We look forward to your providing the materials that we discussed today at your earliest convenience. Rebecca rox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206-431-3683 (tel) 206-431-3665 (fax) rfox@ci.tukwila.wa.us file://C:\temp\XPGrpWise\4B953683tuk-mai16300-po 100134633511 DD221\GW} 00001.... 04/21/2010 • C Department of Community Development Jack Pace, Director City of Tukwila Jim Haggerton, Mayor NOTICE OF INCOMPLETE APPLICATION (revised 1/26/2010) January 26, 2010 Barry Becker '1'1'16 S. 130. Pl. Tukwila, WA 98168 RE: Macadam LLC Development L09-067 Comprehensive Plan Amendment C/LI to MDR L10-001 Rezone C/LI to MDR Dear Mr. Becker: We have made some revisions to the letter/email that was sent to you on January 25, 2010. Please disregard that communication earlier communication. Refer instead to this letter dated January 26, 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 4300 S. 133` 1 Street. Tukwila has been found to be incomplete. In order complete the application, the following must be submitted to the permit center: a. Graphic/Map showing existing and proposed Comprehensive Plan designation and zoning b. Surrounding land use map for all existing land uses within a 1, 000 foot radius from the lot's property lines c. Title Report —Clearly establish status as legal lot(s) of record, ownership, all known easements and encumbrances d. Lot lines for 300 ft. from the site's property lines including rights -of -way e. 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. f. 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. g. 100 year flood plain boundary and elevation as shown on FEMA maps. Rf 1 01/26/2010 H:\CompPlanAmend--2009-2010\Becker--CLI-MDR\(REV)Incomplete.Becker.CLI to MDR-.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 • • b. Graphic/Map clearly showing the boundaries and buffers for all sensitive areas, including the wetland and watercourse, and geologic hazard area 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 Initials Page 2 of 3 H:\CompPlanAmend--2009-2010\Becker--CLI-MDR\(REV)lncomplete.Becker.CLI to MDR-.doc 01/26/2010 • • Page 1 of 1 Rebecca Fox - REVISED Notice of Incomplete Application (Comprehensive Plan, Rezone) From: Rebecca Fox To: ace_construct@yahoo.com Date: 01/26/2010 4:25 PM Subject: REVISED Notice of Incomplete Application (Comprehensive Plan, Rezone) Attachments: Dear Mr. Becker, We have made some revisions to the "Incomplete Application" letter/email that was sent to you on January 25, 2010. Please disregard that communication earlier communication. Refer instead to the attached letter dated January 26, 2010. Please provide the information as noted in order to complete your application, and to enable staff to continue review of your request. The deadlines will still remain the same. I will also send the attached letter via postal mail. Please contact me at 206-431-3683 or rfox@ci.tukwila.wa.us to confirm that you have received this message. Thank you. Sincerely, Rebecca Fox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206-431-3683 (tel) 206-431-3665 (fax) rfox@ci.tukwila.wa.us file://C:\temp\XPGrpWise\4B5F 177Etuk-mai16300-po 100134633511 D66F 1\GW} 00001.... 04/21/2010 1(04/21/2010) Rebecca Fox - Microsoft W Incomplete.Becker.CLI to MDR-:pdf Page City of Tukwila Department of Community Development NO1I CE OF INCOMPLETE APPLICATION January 25, 2010 Barry Becker 4446 S. 131at. PI. Tukwila, WA 98168 RE: Macadam LLC Development L09-067 Comprehensive Plan Amendment C/Llto MDR L10-001 Rezone C/LI to MDR Dear Mr. Becker: Jim Haggerton, Mayor Jack Pace, Director Your application for Comprehensive Plan amendment and rezone located at 4300 S. 133td Street. Tukwila has been found to be incomplete. In order complete the application, the following must be submitted to the permit center: a. Graphic/Map showing existing and proposed Comprehensive Plan designation and zoning b. Graphic/Map clearly showing the boundaries and buffers for all sensitive areas, including the wetland and watercourse, and geologic hazard area 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 S ection 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\Becker--CLI-MDR\ Incomplete.Becker.CLI to MDR-.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 (04/21/2010) Rebecca Fox - Microsoft - Incomplete, Becker.CLI to MDR-.pdf Page._2 Initials Page 2 of 2 01/25/2010 H;\CompPlanAmaid --2009-2010\Beck er--CLI-MDR\Inca npl ete.Beeker.CLI to MDR -.doe Page 1 of 1 Rebecca Fox - City of Tukwila --Incomplete application--L10-002 and L09-067 From: To: Date: Subject: Attachments: Rebecca Fox ace_construct@yahoo.com 01/25/2010 3:06 PM City of Tukwila --Incomplete application--L10-002 and L09-067 Dear Mr. Becker, Staff has reviewed your applications for comprehensive plan amendment and rezone, and has found them to be incomplete. Per the attached letter, please provide the following at your earliest convenience: 1) a graphic clearly showing the current and the proposed comprehensive Plan designation and zoning; and 2) a graphic clearly showing all environmentally sensitive areas with buffers including wetlands, water courses and steep slopes. Once the application is complete, staff can review the substance of your request. I am also sending you this letter via postal mail. Please contact me at 206-431-3683 or via email at rfox@ci.tukwila.wa.us if you have questions. Rebecca Fox Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206-431-3683 (tel) 206-431-3665 (fax) rfox@ci.tu kwi la.wa. us file://C:\temp\XPGrpWise\4B5DB384tuk-mai16300-po100134633511 D6191\GW}00001.... 04/21/2010 • IP Lawyerslitle INSURANCE CORPORATION RECEIVED 'APR g 2 20101 COMMUNITY DEVELOPMENT Barry Becker 4446 S. 131st Place Tukwila, WA 98168 REFERENCE NO: / Order No.: 30035176 Liability: $250.00 Policy No.: WA0037-82-30035176-2010.82015- Charge: $ 250.00 80195377 Tax: $ 23.75 Total: $ 273.75 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Lawyers Title Insurance Corporation a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: March 3, 2010 Subdivision Guarantee Page 1 of 4 GNT004 • • Order No.: 30035176 SCHEDULE A 1. Name of Assured: Barry Becker 2. Date of Guarantee: March 3, 2010 RECEIVED APR 2 2 20111 COMMUNITY DEVELOPMENT 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Macadam, LLC, a Washington Limited Liability Company c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. 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.: 7340600722 YEAR BILLED PAID BALANCE 2010 $2,253.03 $0.00 $2,253.03 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $2,253.03 LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: (COVERS PARCEL A) 2400 $158,000.00 $43,000.00 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.: YEAR 2010 2613200131 BILLED PAID BALANCE $ 597.67 $0.00 $597.67 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $597.67 LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: (COVERS PARCEL B) 2400 $52,500.00 $0.00 Subdivision Guarantee Page 2 of 4 GNT004 • • Order No30035176 3. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT. BY: STATE OF WASHINGTON CAUSE NO.: 618285 4. MATTERS SET FORTH BY SURVEY: RECORDED: APRIL 02, 2002 RECORDING NO.: 20020402900001 5. VIOLATION NOTICE AND ORDER AND THE TERMS AND CONDITIONS THEREOF: NOTE 1: RECORDED: FEBRUARY 25, 2009 RECORDING NO.: 20090225000392 REGARDING: ENVIRONMENTALLY SENSITIVE AREAS RECEIVED APR 22 2010' COMMUNITY DEVELOPMENT 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: NORTHPOINT ESCROW AND TITLE, LLC 155 NE 100TH STREET SUITE 200 SEATTLE, WA 98125 ATTN: RECORDING DEPT. NOTE 2: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: NOTE 3: CP1 A Single Family Residence KNOWN AS: 13136 Macadam Road S. Tukwila, WA 98168 THE FOLLOWING WILL BE AN ACCEPTABLE ABBREVIATED LEGAL DESCRIPTION FOR THE RECORDING COVER PAGE ONLY, IN COMPLIANCE WITH THE RECORDING STATUTE: Ptn Tract 48 of Riverside Interurban Tracts and Ptn Tract 18 of Fostoria Garden Tracts Subdivision Guarantee Page 3 of 4 GNT004 • • Order No.: 30035176 EXHIBIT "A" PARCEL A: RECEIVED 'APR 22 20101 DEVELM&IOPNT THAT PORTION OF TRACT 48 OF RIVERSIDE INTERURBAN TRACTS, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 74, RECORDS OF KING COUNTY AUDITOR, LYING NORTH OF SOUTH 133RD STREET, EAST OF 42ND AVENUE SOUTH AND SOUTH OF THE SOUTH LINE OF SOUTH 131sT STREET (ALSO KNOWN AS 132ND STREET) AS NOW ESTABLISHED; TOGETHER WITH THE WEST'/z OF VACATED 43RD AVENUE SOUTH ADJOINING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR STATE HIGHWAY ON JULY 2, 1964 UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 618285; PARCEL B: THAT PORTION OF TRACT 18 OF FOSTORIA GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 95, RECORDS OF KING COUNTY AUDITOR, LYING NORTH OF SOUTH 133RD STREET; TOGETHER WITH THE EAST 1 OF VACATED 43RD AVENUE SOUTH ADJOINING; EXCEPT THAT PORTION LYING NORTHERLY AND EASTERLY OF THE SOUTHERLY AND WESTERLY RIGHT-OF-WAY LINE OF PRIMARY STATE HIGHWAY NO. 1, AS CONDEMNED BY KING COUNTY SUPERIOR COURT CASE NO. 618285; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. • SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining daims; (2) reservations or exceptions in patents or in Acts authonzing the issuance thereof; (3) water nghts, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for Toss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse daims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, tights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non-judidal proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or pnonty of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the *Assured*: the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) land': the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term land- does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any nght, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) 'mortgage': mortgage, deed of trust, trust deed. or other security instrument. (d) 'public records': records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) 'date: the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the nghts of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited m (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) 11 the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opnion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) RECEIVED • APR 2220101 COMMUNjno the Company may be necessary or desirable to establish the title to the estate �QpB(lterest as stated herein, or to establish the lien rights of the Assured. If the �P '1111E'g�o00rr��pany is prejudiced by the failure of the Assured to fumish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be fumished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of foss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the daim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a daim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any daim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the daimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attomeys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the lime of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, induding any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Par 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. • • CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntanly accumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a daim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the daim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered ffs pnnapal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such daim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) RECE V 7O 'APR 22 2010 COMMUNi I Y DEVELOPMENT • • RECEIVED APR 22 20101 COMMUNITY DEVELOPMENT 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: 15 TOWNSHIP: 23N RANGE: 04E U I• 11 '— 11 A Writ . -! uiesu .11 �1 ■ cc _ ■ !..a: v� vE.C� _ _� • V II o 15.1, ■ ■-0.15 ■ /yr 1\;',�. - - ''fl_' � cy„6. I■—� II G■ •1 ■ ..n aaoo.■ LL■ ® : • / .\ - IV` 1.11 / 1■6 uu I•••J ■-^,,,,eza I4.■122111'..1. / \ //• : • L. a, It., •II 11`12 • .■ ■• ■ J ____ : / \ I1 1 . .a A aL5 . ■ ■ •ff -- ■ : / A \ •• a • 11n. . . 15 0' tl pia C - . a 1 / '/ •♦ \ I 52 /,a 11n w . �•'O V ^..,.JIIN _.■ ■. .,. •■ / V,. \.. : XII. 1' /_5 ■ •1 ,. : • , vi .1. 155.20 n 1_..� I •__ •u.51 •, en F - •� '.61 •`• / ■ 1_ - '1 In III . J • 1.• S. - I I .0 '•i[I ,' \ 'O / . L'..., • ■oni61 ' I n : .31. ..n�..ae•n. 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I s. • /r - a _ / -• _ I,.• _ ® • _ _ • `EL%/ • _ • _ _ _.. / • r _ 5006211L 5. • ■ Aa ! • • ■ ■ • ■ : el! ■ ' N' • • MI L■r11 am MN' • • ■ /a +. \ ■ • J'rs•„ ......• ■ .i :�'/^: tea. .• • a . v•.. 1:16114 1I .v:1 a NEL __ _ _ 1■, , Oak i Gir • • Uli- / - / \i-:v.r.r....12"ywU•.::S'.4 `v;.(0, • .' • / i 'a.T+1«'t -:gin■•;-^_,. _.,.,.. •e I,i I 1 t / LOT 2 / W. / i :1 1 • • a ... I I W ■ ■ •/ / //■. Al% \..cer -,•». .•'.r.'. 15 ■ If . i U■1T■•■ �.:'W ,•. >-:_w_._r . MI •H • d%^ 9LJ1I •XVLV.or:1-.t5/ 20040930001578.001 After recording return to: Macadam, LLC 4446 South 131st Street Place Tukwila, WA 98168 RilY1llll I'4 20040930001578 TRANSNATION TI UD 21.000AGE0e1 of e03 Kum�1z:11 UA I E2073574 $YpSALE $300TA,000.00 Legal Description (abbreviated): PTN TRACT 18 FOSTORIA GARDEN TRACTS Additional Legal on page: 2 Assessor's Tax Parcel ID#: 2613200131 Reference: 20071745-401-LMS STATUTORY WARRANTY DEED PACE301 OF 001 301 THE GRANTOR(S) Gregory C. Johnson, a single man, for and in consideration of Ten ($10.00) Dollars and other good and valuable consideration in hand paid, conveys and warrants to Macadam, LLC, a Washington limited liability company the following described real estate, situated In the County of King, State of Washington: See Exhibit A attached hereto and made a part hereof. Subject to: Those Items specifically set forth on Exhibit "B" attached hereto. Dated: September 28, 2004 SELLER: State of Washington County of pn On this ..29 day of Syvokn1.4er (arc pry (, tel�ns.�� to be the individual(s) dessc�ribed in and who executed the w acknowledged that ✓Msigned the same as deed for the uses and purposes therein mentioned. Given under my hand and official seal the day and year last above FOR RECORD g THE REQUEST OF 1rcP SNATIONT1TLF±rag!UP.n cECO. SS: , before me personally appeared to me known in and foregoing instrument, and free and voluntary act and Notary Public in ppdfor the State of Q / Residing at ptifhtt/r) My Appointment expires: 3--11-e4 RIE A. FREEMAN STATE OF WASHINGTON VOTARY-..-- PUBLIC URRE3 5-16-08 Statutory Warranty Deed TRANSNATION TITLE INSURANCE COMPANY LPB-10 (7/97) RECEIVED 'APR 22 20101 COMMUNITY DEVELOPMENT • • 20040930001678.002 Exhibit A THAT PORTION OF TRACT 18, FOSTORIA GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 95, RECORDS OF KING COUNTY, LYING NORTH OF SOUTH 133RD STREET; TOGETHER WITH THE EAST Y OF VACATED 43RD AVENUE SOUTH ADJOINING; EXCEPT THAT PORTION LYING NORTHERLY AND EASTERLY OF THE SOUTHERLY AND WESTERLY RIGHT-OF-WAY LINE OF PRIMARY STATE HIGHWAY NO. 1, AS CONDEMNED BY KING COUNTY SUPERIOR COURT CASE NO. 618285; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. RECEIVED APR 2 2 2010 COMMUNITY DEVELOPMENT • 20040930001678.003 EXHIBIT "B" ANY UNPAID D ASSESSMENTS SEWER OR O CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS OR B VAL RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND C�DN EMNEEDD BYYPPROCEEDINGE SHIUNDERY KING COUNTYYSSUPERIOR CR . LANDS BY: STATE OF WASHINGTON CAUSE NO.: 618285 RECEIVED APR 2 2 20101 COMMDEVELOPMENT" 20040930001580.001 After recording return to: Macadam, LLC 4446 South 131st Place Tukwila, WA 98168 E EMI 20040A9I3 001580 PAGKGO* OFN003 21.00 KINGgCNtt 12:11 WA E20®®7�q3579 KING COUNTTgY31W01TAX00 SALE $200,000.00 I i PAGE001 OF 001 Legal Description (abbreviated): PORTION LOT 48 RIVERSIDE INTERURBAN TRACTS Additional Legal on page: 2 Assessor's Tax Parcel ID#: 7340600722 Reference: 20071790-401-LMS 3 STATUTORY WARRANTY DEED THE GRANTORS) Gregory C. 3ohnson, a single man, for and in consideration of Ten ($10.00) Dollars and other good and valuable consideration in hand paid, conveys and warrants to Macadam, LLC, a Washington limited liability company the following described real estate, situated in the County of King, State of Washington: See Exhibit A attached hereto and made a part hereof. FOR RECORD ,`-,1 THE REQUES) O `-1.F !^!,Stif'.ktICE GO. Subject to: Those items specifically set forth on Exhibit "B" attached hereto. Dated: September 28, 2004 SELLER: State of Washington County of hi On this day of � Y or to be the individuallrss) d acknowledged that deed for the uses and purposes therein mentioned. Given under my hand and official seal the day and year last Notary Public inad Jrothe State of Residing at (�!9 b&1rfl My Appointment expires: J6 96 SS: a oo,/ t IISD4 cribed in and who executed the wit e. signed the same as before me personally appeared RECEIVED 'APR 2 2 2010 COMMUNITY DEVELOPMENT to me known hin and foregoing instrument, and JS free and voluntary act and above written. MARJORIE A. FREEMAN TE OF WASHINGTON NOTARY --•-- PUBLIC or awns= MU 5-16-O6 Statutory Warranty Deed TRANSNATION TITLE INSURANCE COMPANY LPB-10 (7/97) • • 20040930001580.002 Exhibit A THAT PORTION OF TRACT 48, RIVERSIDE INTERURBAN TRACTS, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS PAGE 74 IN KING COUNTY, WASHINGTON, LYING NORTH OF SOUTH 133RD STREET, EAST OF 42ni6 AVENUE SOUTH AND SOUTH OF THE SOUTH LINE OF SOUTH 1315T STREET (ALSO KNOWN AS 132NO STREET) AS NOW ESTABLISHED; TOGETHER WITH THE WEST 1 OF VACATED 43RD AVENUE SOUTH ADJOINING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR STATE HIGHWAY ON JULY 2, 1964 UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 618285; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. RECEIVED 'APR 2 2 2010' COMMUNITY DEVELOPMENT • • 20040930001580.003 EXHIBIT "B" RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT. BY: STATE OF WASHINGTON CAUSE NO.: 618285 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: SLOPE EASEMENT AREA AFFECTED: SOUTHEASTERLY PORTION OF SAID PREMISES RECORDING NO. 9604180921 RECEIVED APR 2 2 2010' QuauN1TY casuowerr 20020402900001 LEGEND s FOLWD BRASS MONUMENT IN CASE - FEB. 2002 • SET 5/8- RE -BAR & CAP FENCE CURVE TABLE NO. CELYA • RADIUS LENGTH C1..:'16178.21'. 520.00 160.56 C2 5758'00 115.87 11716 D.3 57001' 985.37 .72.8 86 • UNE TABLE NO 11 L2 LJ 'tar 05 DIRECTION.' N 09126:710. E N 8016'45' £ &STANCE 2820' 67.90' W.9540.45" W N 6257.25' S 50784.VW /22D1 I. DRS &Rif, COMPLIES 2157 ALL STANDARDS AND CODELINES OF INF 'SURVEY RECORDING ACT'. CHAPTER 5009 RCW AND .112-130-090 RAC 2. SURVEY WAS ACCOMPUSHED //SAC RELD TRAWSRSE PROCEDURES. 3 A GEODIMEISR MOSEL 6/a J-SECOV) TOTAL srAnow WAS USD) FOR INS SVRIf AUDITOR'S CERTIFICATE FILED FOR RECORD 7HISZA•4 DAY OF .41 UNDER AUDITORS nLE No -7 0,, -7 /7 •••••21.7? 6)85. ,4706' • -IS, • rEr... • • , • /o0 • ,•• RECORD OF SURVEY KING COUNTY, WASHINGTON 7.3 Parcel Nos. 26-13-20-0131 & 734080-0722 2 VI ACRES A \ , 7.4 4 • .q lip e 2.1 iR 156.67' 1 i .R1.1'151'15 •-• 72' • • • S. 133rd treet Scale = 700 • BASIS Gr BEARING KING Crt4Y7Y ASSESSait MAP 2002 A T M, ,,8t0799e, f AT THE REQUEST OF Aspen Land 5orveykg . RECORDING FEE h DEPUTY • courin AUDITOR SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE MTH THE REQUIREMENTS OF THE SURYEY RECORDING ACT AT THE REQUEST OF ECORY C. IOHNSON -=1..,-4,1-0"-----3/27/02 DANIEL B. NSON. PLS /28408 DATE JO,t, ••;01,41 A e ..R4rjr, • '')R1 EXPIRES I /230003 p LEGAL DESCRIPTION That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats. Page 74, Records of King County, Washington, lying north of South 133rd Street, east of 42nd Avenue South, and south of the south line of South 132nd Street: together with the west half of vacated 43rd Avenue South adjoining, and EXCEPT state highway right-of-way. AND That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated Squire Street., lying north of Pacific. Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 818285 and except state highway right-of-way. .... - I I..... ..... A Aspen.° Land Surveying' 12904-A Purdy Drive NW Gig Harbor, WA 98332 (253) 857-4265 °RAKING NO.1858. •:. the NW 1/40f th.iNE Sec.,,IS, T.23 N,.41% 4 E, „WM: king.caunty, ;-ivashifiton ••••••••• • 20090225000392.001 Return Address: City of Tukwila ATTN: City Clerk 6200 Southcenter Blvd Tukwila, WA 98188 1111111111 20090225000392 CITY OF TUKWIL C gq 00 02 25/2009 W3 KING COUNTY, UA Float print or type £n0 rawtton WASAIIVGTON STATE RECORDER' o wvvr aaeet .(RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document most be filled in) 1. VIOLATION NOTICE & ORDER 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page . of document Grantor(s) Exactly as name(s) appear on document 1. CITY OF TUKWILA 2. Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. MACADAM LLC 2. Additional names on page of document. Legal description (abbreviated: i.e. Iot, block, plat or section, township, range) FOSTORIA GARDEN TRS POR N OF PACIFIC HWY & VAC SQUIRE ST LESS POR LY E OF ST HWY DEEDED BY ORD #618285 LESS ST HWY Additional legal is on page of document Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned _ PARCEL #2613200131 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional S50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the teat of the original document as a result of this request." Signature of Requesting Party Note to subaiitter: Do not silo above nor pay additional Sal fee tithe document meets marginlformatting requirements RECEIVED APR 22 20101 • 20090225000392.002 City of Tukwila Code Enforcement 6300 Southcenter Boulevard Tukwila, WA 98188 (206) 431-3670 FAX: (206) 431,3665 Violation Notice And Order Tukwila Municipal Code § 8.45.050(D) The undersigned City of Tukwila Code Enforcement Officer, hereby certifies and states that: Violation Location: 4300 S. 131 PIace • Fite #: RFA08-342 Owner Name: Macadam LLC Address: 4446 S 1316t Place City/State/Lip: Tukwila, WA 98168 is in violation of Tukwila's Municipal Code (TMC), TMC Chapter: TMC 18.45 Environmentally Sensitive Areas Specifically Grading, clearing and installation of gravel, development of parking areas within the designated sensitive area stream buffer without the required permit. Most of this parcel is designated either wetland, wetland buffer or stream buffer: Development in these areas is regulated under TMC 18.45. Corrective Action required: Compliance Date February 16, 2009 Corrective Action Submit complete permit application and required documentation for this activity and buffer reduction and restoration. Notice of Violation issued on following dates: Issue Date December 3, 2008 FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO A MONETARY PENALTY OF UP TO $500 PER DAY FOR EACH DAY THAT THE VIOLATION EXISTS UNDER THE PROVISIONS SET FORTH IN TMC 8.45.100(2). Appeal Provisions; A person may, within ten days of receipt of this notice, file with the City Clerk a written notice of appeal containing the following: 1. A heading with the words: 'Before the Hearing Officer of the City of Tukwila; 2. A caption reading "Appeal of , giving the names of all appellants participating in the appeal; 3. A brief statement setting forth the legal interest of each of the appellants in the property involved in the notice and order; 4. A brief statement of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant or appellants; 5. A brief statement of the relief sought, and the reasons why it is claimed that the notice and order should be reversed, modified, or otherwise set aside; H:\Bonin\Violation notice & order - Kathy sign.doc RECEIVED. APR 22 20101 • • 20090225000392.003 6. The signature of all persons named as appellants, and their official mailing addresses; 7. The verification (by declaration under penalty of perjury) of each appellant as to the truth of the matters stated in the appeal. 8. The appeal fee for violations in the LDR zone is $100.00 and in all other zones is $200.00. Fees must accompany the written notice of appeal. Failure to appeal this Violation Notice and Order shall constitute a waiver of all rights to any additional administrative hearings. Failure to respond may result in the matter being forwarded to the City Attorney for further action. Signed: u dLJ Today's date: January 29, 2009 Name: Kathryn A. Stetson Phone:. 206/431-3682 Title: Code Enforcement Officer Email: kstetson@citukwila.wa.us H:\Forms\Violation nottce & order - Kathy sign.doc RECEIVED APR .22 Mai CITY OF TUKWILA Department of Community Development ZONING CODE 6300 Southcenter Boulevard, Tukwila, WA 9FIE +:r E V E D Telephone: (206) 431-3670 FAX (206) 431-3665 AMENDMENTS E-mail: tukplan@ci.tukwila.wa.us DEC 3 0 2009 COMMUNITY DEVELOPMENT APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-ZCA Planner: '' eio e mt._ Fox File Number: l'.. 10 - 00Z, Application Complete (Date: S/5/io ) Project File Number: Application Incomplete (Date: I /25I1 o ) Other File Numbers: L 0 ct -0 & 7 Cpcc-t At. Pert,via,lian 0,,,e-,.fiN Loci-0pi FA- OS-2- NAME OF PROJECT/DEVELOPMENT: i 'Appr 4 ti Ptiv. Jr LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. VC 9.34 O S . /-'3, S7 40 13131, Pid.e_.tf.4G�r -;r ) CO rK-ei2 m c n /fi-v-c s S / .� .?,ea LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 2.40 0 / 3 / - LLo It 6) tN oT t.AN1/44i I , :7 6 A-c j. 73y-019o--072Z 9/It g (t-or A- - b„irtazi) �F1, 957) .� /, �16 kr-fe-1 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: Address: 4/4/ b J s . / 3 /5 Phone: Z�& — tfep3 E-mail: S 1�"vG74" Signature: P:\Planning Forms\Applications\ZoneChn-6-06.doc 6/6 ?- FAX: ./.66 — Date: /2— December 4, 2006 A. COMPREHENSIVE PLAN DESIGNATION: Existing: Proposed: B. ZONING DESIGNATION: Existing: Proposed: C. LAND USE(S): Existing: Proposed: (for proposed changes in land use designations or rezones) P:\Planning Forms \ Applications \ZoneChng-6-06.cloc December 4, 2006 • 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 STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at ss (city), (state), on , 20 Print Name Address Phone Number Signature On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF , 20 NOTARY PUBLIC in and for the State of Washington residing at My Commission expires on P:\Planning Forms\Applications\ZoneChng-6-06.doc December 4, 2006 . 1 , ZONING CODE AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. 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; (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; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and (4) That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. P:\Planning Forms \ Applications \ZoneChng-6-06.doc December 4, 2006 • Zone Amendment Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 12-28-09 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133 St (tax Parcel # 26-13-20-0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel # 734060-0722) in Tukwila Washington. A) Zone Amendment Criteria 1) This Requested Zone change is consistent with the Comprehensive plan policies in that we will be providing a less environmentally impacting project that is closer in adjacent contiguous use that is residential. 2) The title and description of the zone map changes are consistent with the zone use classification requested that shall be medium density residential which will complement and enhance the adjacent Low density residential directly to the west. 3) There are nuances to and changed conditions of zoning layout that cannot be fully understood at initial time of designation. For example, the newer Sensitive Area Ordinance and environmental setbacks and property development restrictions now change how this property can be accessed and developed. In the past we could develop buildings in the wetland area and put roads and bridge across streams without much restriction. With the new wetland restrictions and Buffer requirements, the area remaining for Commercial Industrial use is cut off from the Industrial to the East. Therefore in order to use as currently Zoned we would need to provide Commercial industrial traffic through the residential neighborhood and LDR on the upper half of site. 4) This proposed Zone change will be in the best interest and welfare of the public safety by providing a lower impact use. The development will also provide inward focused community and neighborhood building design layout that will promote safety and prowler visibility. This will also build and light previous vacant lot area that will make it more safe. •1 Check items submitted with a • lication SITE PLAN: OTHER: INN Information Required May be waivedin unusual cases, upon,approval o and Planning: both Public Wot, 13 (a) The site plan must include a graphic scale, north arrow and project name. Maximum size 24" x 36". b Existin_ and .ro.osed buildin_ foot.rints. c Vicini Mawith site location, does not have to be to scale. (d) Landscape areas sufficient to meet Zoning Code requirements, planting plan is not reuired. e Parkin: lots, drivewa s and access roads. Loadin: and service areas. (g) Fences, rockeries and retaining walls (h) Proposed lot and tract lines if applicable. (i) Location of all tracts to be dedicated to any public or private purpose with notes stating their . u . ose (j) Plan showing the location of all sensitive areas (e.g. streams, wetlands, slopes over 15%, coal mine areas and important geological and archaeological sites) and their buffers and setbacks. (k) Dash in setback distances required under proposed zoning from all parcel lot lines. 14. Scalable building elevations of proposed structures with keyed colors and materials. Show mechanical e.ui.ment and/or an .ro.osed screenin:. 15. A color and materials board re.resentin: the .ro.osed .ro'ect is optional. 16. A rendering is optional. If submitted it must accurately show the project and be from a realistic . ers . ective 5 to 6 feet above the sidewalk . P:\Forms\2009 Applications \ Comprehendive Plan Amendment-JAN09.doc Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 981 CITY OF TUKWILA COMPREHENSIVE Telephone: (206) 431-3670 FAX (206) 431-3665 PLAN E-mail: tukplan@ci.tukwila.wa.us '':` AMENDMENTS L'�wl:-Y✓Y g APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-CPA Planner: ebecetc_File Number: Loc/---14. Application Complete (Date: 6/5-11 c ) Project File Number: Application Incomplete (Date: 4-Leib,' ) Other File Numbers: L j n -- co •Z LUq —014' spec,'s-"L Pe-rlM 1ST) eel - Ai re c-f-0.- FA—rr0 '-T42— NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 4/300 s /33,) S S 7S r.3A0.s� LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 2.6/ 3 e-0 —c,?J—o3 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: lf�}P✓` Se c et . Address: y L V-V" S•.. / 3 /5 j Pal • 7Z is ,. /4,- el., G' Phone: 24I -- x. S/6 ef s- Z FAX: "2,0 6 -- 4/ 6-Si SOS— - E-mail: a c. t4" Signature: P:\Planning Forms \ Applications \CompPla hg-6-06.doc December 4, 2006 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 STATE OF WASHINGTON ss COUNTY•OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me ormy agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 1y , CO 5 % 2 3 ,co. 5.14 _ for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole. negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at bI,ti2t M (city), I (state), on `Z J z , 20 01 Print Name /3 4rpq 8e.,Gk'e_ . Address 7 S/G/6 4 S / .?1 srG/2l. / ✓Lcv. li% Phone Number -.(' 6 -- ,Z � 6 - Y U SS'3 Signature e "S 2 On this day personally appeared before me R, 1''c. to me known to be the individual who executed the foregoing instrument and acknowledged tlikt he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. "6 ace AND SWORN TO BEFORE ME ON THIS 2l DAY OF C1 vtA6b , 20 t° i .00111111/1/01 vtt' •• •g10M fit' i TA ��' _ • vo•w �10 Ay ,: _ residing at 11 li t Lo • em•b.as • • am My Commission expires on � PuuBi.tG ti a;. �T� 6�pST 1. Z4•••4O\��• 4OF�WASN`o i BLIC in a(l�or the State of NOTARY PU Washington l 1Z_ P:\Planning Forms \ Applications \CompPlanChg-6-06.doc December 4, 2006 COMPREHENSIVE PLAN AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the' proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. 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: 1. 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? 2. 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? 3. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. 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!) 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. 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; 7. 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; 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. P:\Planning Forms\ Applications \CornpPlanChg-6-06.doc,12/04/06 Comprehensive plan change Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 12-28-09 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial / Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133` St (tax Parcel # 26-13-20-0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel # 734060-0722) in Tukwila Washington. A) Comprehensive plan Amendment Criteria 1) We propose a Comprehensive plan change rezone for the East half of property from Commercial / light Industrial to MDR to make the single owner contiguous property all residential which will be Tess environmental.impact and topographically contiguous with the existing residential. (The West half of property will remain LDR) 2) This proposed Comprehensive Plan change will meet the need of the community by providing affordable housing. 3) The Proposed Change will be net benefit to the community by providing Medium Density Residential buffer between the existing Commercial / Light industrial and the LDR to the West thus increasing LDR property values adjacent to the West and surrounding area. B) Comprehensive Plan Amendment Criteria 1) We propose a Comprehensive plan Amendment and Zone Change to Residential from Commercial / Light Industrial to make very small available Industrial area (that is left after wetland buffers and Creek buffers) contiguous with adjacent property existing residential zoning. The Industrial property that is currently available is not adequate size to be developed for Commercial / light industrial and is topographically cut off from the adjacent industrial properties to the east and South by a wetland and South Gate Creek. Thus it makes sense to make it Residential. 2) The anticipated impacts of new residential development will be minimize by for example we will provide onsite drainage that will mitigate impact on the City storm drain system and provide eco friendly wetland improvements and passive energy designed houses. 3) The current Comprehensive plan designation is deficient because the available industrial or commercial area is cut off by a small hill and wetland / stream to the rest of the C/LR to the East. (Thus commercial traffic access through residential). 4) This proposal will work within the Growth Management Act and comply with requirements that may be identified. It will offer affordable residents with community enhancing inward focusing design to promote.neighborhood and wellbeing safety. 5) This proposal provides goals that are specific in county planning such as following King County on site drainage requirements and wetland enhancement. 6) This proposal should have low to no impact on City infrastructure. With our proposed on site drainage we will have minimal impact on the storm drain system detention capacity and addition of 7 additional structures, residential sewer should be small percentage capacity increase with existing sewer and water laterals available in the adjacent streets. 7) This proposal should be minimal impact to City required capital improvements. 8) There are no other requested changes in City Code or regulations at this time. 1 Liur L-rre c A :Portion of..: tthe NW 1/4.of the=NE..1/4,. Sec 15, T:23 Ni R 4: E,. W.M. King :.County;: Washington LEGAL DE3CRIP71ON Parcel A='..;i✓to = a72'Z That .portion.of Let 48,•Riverside latervrban • Tracts,,' eb' shown in VOlUme 10' of Plate, .Page 74, Records -ot 'Ring County,. Washington, lying north of South .'1.133rd Street, east of 42nd Avenue•South, and south • • ..of 'the south line of South- 1$2nd"Street;:together with •the westhail of 'vacated 43rd Avenue South • adjoining.. and 'EXCEPT state:•highway. right—of=way: parcelt? ,2G-(3-tiool3i , :: Thai •portion of. Lot 18, Fostoria Garden 'Tracts, as •shottn • in ,•Yalume 8 • of Plats. • Page 95, Records of . . King: County,.. Washington, and vacate Squire Street, r. lying north .of -Pacific. Highway,' EXCEPT the portion thereof lying' east of State Highway deeded by .Ordinance.No::618285 and. except state highway.• right—of=way. . . •. RECEIVED. DEC 3 0 2009 LEGEND FOUND BRASS MONUMENT . IN CASE — FEB. 2002 SET 5/8•RE—BAR & CAP FEBRUARY 2002 SERER MANHOLE STORM DRAIN MANHOLE ROCK WALL • BLOCK WALL CRAM. SURFACE FENCE• TREE CURVE TABLE EL TA 6E18.21' 758 00- 570'01' RADIUS 570.00 175.80 985.37 LENGTH 160.56 1I7.I6 88.86 LINE TABL 7IRECTION V 09'600 E V 8036.45 E V 76 t0.45 W V 620725 W 5078'45 W E DISTANCE 28.30• 67.90' 6&.51 61.85' 47.06' SEARING` KING COUNTY ASSESSORS MAP Q DMA: R:150.90' e.4179'30' 1.I09.21• ,e.1 No. 734.80-0 1.003 A, 5 13136 Mocod• R • LDR • • ♦• TOPOGRAPHIC SURVEY. MAP for Mr. Barry Becker IE r NR 6.90' IE a• NE: 7.69 IE a• SE: 7.59 OATk R4150.50• 6.5775.00• 1.152.57. \. ♦\. LEGAL DESCRIPTION Parcel 9 That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records. of King County, Washington. lying north of South 133rd Street, east of 42nd Avenue South. and south of the south line of South 132nd Street: together with the west half of vacated 43rd Avenue South adjoining,. and EXCEPT state highway right—of—way. ParceLR That porUon of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington. and vacated Squire Street, lying north of Pacific Highway, EXCEPT the porUon thereof lying east of State Highway deeded. by Ordinance No. 818285 and except state highway right-of—way. SSW ,UKWOA I IEr NV 6.47 IE a' NE 5.47 F 0' SE: 6.42 VERTICAL DATUM: NAVD 1988 BENCHMARK: CP17005-264 WSDOT BRASS DISK IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINLINE OF NB SR5 AND THE ON -RAMP FROM INTERURBAN AVE ELEVATION a 25.99 FEET. N Do. A Portion of the NW .1/4 of the NE 1/4, Sec. 15, T 23 N, R 4 E, W.M. King County, Washington Section lS, T 23 N, R 4 E 1///-1AITV AAAD NSW Itl p ►Y LINES' 5 ottevA oRrPLA (c t-ot ESteP $P'IOG geMINfaa wAt- OLD f oP+Egry ul.1>r A'6 LoY' FRo M MMrmTAL/ 4► I XPU4rgY4. • 112: MEPruM-pat:r5fl !: 4 sIf i il4L art" Hi 4 s TH RAIN 60R9E24 jjct 7T RtMP►M E$1S1_ ISM SKI COE.. ._.- -m 115. i' .•18-01 1oa lAsr *ur OU. an? 1-100 .. F - A Portion of .. the NW 1/4 of the NE. 1/4, Sec 15, T 23 N, R 4 E, W.M. King. County,: Washington. -VICINITY MAP SCALE.- 1,1N l = 1/4 1111 E LEGAL DESCRIPTION Parcel A: `.:' That. portion. of Lot 48, Riverside Interurban Tracts,.. as shown in Volume 10 : of Plats, Page 74, Records of 'King County, Washington, lying north of South 133rd Street, east_of 42nd Avenue South, and south of the south line of South 132nd 'Street; together With • the west half of 'vacated 43rd Avenue South adjoining, and EXCEPT state: highway right-of-way, Parcel 13 '7'777#,2Co.=(3-2O-O That: portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, .Records of King :County, Washington, and vacated Squire Street, lying north of Pacific. Highway, EXCEPT the portion thereof'lying east of State Highway deeded by Ordinance No. 618285 and except state highway. right-of-way. RECEIVED DEC 3 0 20D9 - 1° . tkk :AI. 01 COMMUNiT! DEVELOPMENT ♦ N 89'34'53. W_ 86.45'__ ______ LEGEND FOUND BRASS MONUMENT IN CASE - FEB. " 2002 SET 5/8" RE -BAR & CAP FEBRUARY 2002 x—x— FENCE CURVE . TABLE 16V8 21 " 5738 00" 570'01 ". RADIUS 570.00 115.80 LINE TABLE DIREC7ION N 09196'00 E N 8036'45" E N 76 40'45" W N 62'07'25" W S 5078'45" W BASS OF BEARING• A7NC 247.63' 160.56 11Z16 D/STANCE COUNTY ASSESSORS MAP Ra150.80' 4=41'29'38. L.109.21' \ 38 95.4 IJ7„_ f .57' Percel No..734080-0722 7.005 AGRES 13136 Macadam Rood S. C3 S 89 52'15" E — 156.67 I I 1 18.9t1 ------- - S 8952'15'—E — — = S 133rd Street 314.72'--------. . /:--• —--J 50 0 50 150 Scale 1- 50 ft • 4`, WETLAND SURVEY MAP for Mr. Barry Becker Tukwila, Washington 12.150.80. n-57'58'00' L-152.57' LEGAL DESCRIPTION Parcel A That portion of .Lot 48, Riverside Interurban Tracts; as shown in Volume 10 of Plats, Page 74, Records. of King County, Washington, :lying north of South 133rd Street, east of 42nd.Avenue South, and south of the south line of South 132nd Street; together with the westhalf of vacated 43rd Avenue South adjoining, and EXCEPT state highway right-of-way:. Parcel 13 That -portion of Lot -18, Fostoria Garden Tracts, . as shown in Volume 9 of Plats, Page 95, Records of - King. County, Washington, and vacated. Squire Street, lying north of Pacific. Highway, EXCEPT. the portion thereof lying .east of State Highway deeded by Ordinance No. 818285 and except state highway ~ . right-of-way,. A Portion of the NW 1/4 of the NE. 1/4; Sec. 15, T 23 N, R 4 E, W.M. King . County, Washington • Section 15, T 23. N, R .4 E VICINITY MAP SCALE: 1 INCH = 1/4 MILE D`'C 3 0 2229 COMMUNT( . OEVELOPN1Eid7 east concept elevation macadam llc development LEGEND FOUND BRASS MONUMENT IN CASE — FEB. 2002 • SET 5/8' RE —BAR & CAP FEBRUARY 2002 0 SEWER MANHOLE STORM .DRAIN MANHOLE c o ROCK WALL BLOCK WALL GRAVEL SURFACE —x— FENCE • TREE - CURVE TABLE NO. DELTA RADIUS LENGTH Cl 16 V 8 21 " 570.00 160.56 C2 5758'00' 115.80 11 Z 16 C3 570'01' 985.37 88.86 LINE TABLE NO. DIR£CTTON DISTANCE L 1 N 09'06'00' E 28.30' L2 N 80:6'45" E 67.90' L3 N 7640'45' W 68.51' L4 N .62 07'25' W 61.85' L5 S 5078'45' W . 47.06' 2415 E Am41R-150.80' '29'38' L=109.21' - 1.005 Al 13136 Mocada CDR ♦ • • ♦♦♦,- • O.,46 ♦♦♦o ' J` goy ♦ • -'S::89 215 .E-i iS6 a S8952'15.E ___ — — 314.72' S.133rd Street TOPOGRAPHIC SURVEY MAP for I. Mr. Barry Becker Tukwila, Washington RIM: 8. IE 8' NW: &10 IE 8' NE 7.69 IE 8' SE 7.59 1 1.. 1 I 1 LEGAL DESCRIPTION Parcel A That portion of Lot 48, Riverside Interurban Tracts, as shown in Volume 10 of Plats, Page 74, Records of King County, Washington, lying north of South 133rd Street, east of 42nd Avenue South,and south of the south line of South 132nd Street;. together with the west half of vacated 43rd Avenue South adjoining, and EXCEPT state highway right-of-way. Parcel 8. That portion of Lot 18, Fostoria Garden Tracts, as shown in Volume 9 of Plats, Page 95, Records of King County, Washington, and vacated. Squire Street, lying north of Pacific Highway, EXCEPT the portion thereof lying east of State Highway deeded by Ordinance No. 618285 and except state highway right-of-way.' SSAIR 1UKWILA 1 RIM: 18.9 IE 8' NW: 6.47 IE 8' NE 6.47 IE 8' SE 6.42 VERTICAL DATUM: NAVD 1988 BENCHMARK: GP17005-264 WSDOT BRASS DISK IN CONCRETE LOCATED IN THE PAVED AREA BETWEEN THE MAINLINE OF NB SR5 AND THE ON —RAMP FROM INTERURBAN AVE. ELEVATION = 25.99 FEET. . LK 1 CO U N 40 aD 1 CO CO C•c CO I rco wn .E v t. V]nzl• y " N W .ate A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T 23 N, .R 4_ E, W.M. King County, Washington Section 15, T 23 N, R 4 E VICINITY MAP SCALE. 1 INCH = 1/4 MILE ZONE AH {EL 18) Y/- APPROXIMATE SCALE IN FEET 500 0 500 NATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP KING COUNTY, WASHINGTON AND INCORPORATED AREAS PANEL 957 OF 1725 ;SEE MAP INDEX FOR PANELS NOT PRINTED) CONTAINS: COMMUNITY KING COUNTY. UNINCORPORATED AREAS RENTON. CITY OF SEAITI.E. CITY OF TUK\MLA, CITY OF NUMBER PANEL SUFFIX 530071 0957 530088 0957 530089 0957 , f 530091 RECE \/ •APR22 ED 201a' COMMUNITY DEVELOPNT MAP NUMBER 53033C0951 F MAP REVISED: MAY 16,1995 Federal Emergency Management Agency This is an official copy of a portion of the above referenced flood map. It was extracted wing F-MIT On -Line. This map does not reflect changes or amendments which may have been made subsequent to the date on the title block. Forthe latest product information about National Flood Insurance Program flood maps check the FEMA Flood Map Store at www.msc.fema.gov •