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HomeMy WebLinkAboutReg 2018-06-04 Item 7 - Ordinances - Comprehensive Plan and Zoning Maps Amendment for Vintage@TukwilaCOUNCIL AGENDA SYNOPSIS Initials Meetinz Date Prepared by Mayors review Council review 06/04/18 MCB ❑ Resolution Mtg Date 06/18/18 MCB ►►: Public Heating ❑ Other A1tg Date 11Ity Dale 6/18/18 AltsDate 6/04/18 SPONSOR ❑ Council ❑ Mayor ❑ .Adm Svcs ❑ Finance ❑ Fire ❑ Legal ❑ P&R ❑ Police ❑ PIt" 11 DCD SPONSOR'S Tukwila may amend its Comprehensive Plan/Zoning map once per year. A property owner SUmmxitY submitted a request for a map change from LDR to HDR. Following the required public hearing, the City Council may approve, modify, condition, or deny the request. Due to a 21 -day SEPA threshold determination appeal period, the Council is being asked to conduct the quasi-judicial hearing this evening, deliberate and decide on the 2 ordinances and forward them to the June 18 Consent Agenda. RI:vlIw:WI?D BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: NA RECOMMENDATIONS: SPONSOR/ADMIN• CONrnIrrrl ITEM INFORMATION ITEM No. 6&7 CAS NICNI :R: ORIGINAL AGNND.A DArF: JUNE 4, 2018 AGENDA ITI NI Trrl.l : Request to redesignate a 10.5 acre parcel from Low Density Residential High Density Residential (HDR) for Vintage@Tukwila QUASI-JUDICIAL (LDR) to Cvi'h:GORY ❑ Discussion ANDate 6/4/18 ❑ Motion A4tg Date ❑ Resolution Mtg Date 11 Ordinance ❑ Bid Award Nitg Date ►►: Public Heating ❑ Other A1tg Date 11Ity Dale 6/18/18 AltsDate 6/04/18 SPONSOR ❑ Council ❑ Mayor ❑ .Adm Svcs ❑ Finance ❑ Fire ❑ Legal ❑ P&R ❑ Police ❑ PIt" 11 DCD SPONSOR'S Tukwila may amend its Comprehensive Plan/Zoning map once per year. A property owner SUmmxitY submitted a request for a map change from LDR to HDR. Following the required public hearing, the City Council may approve, modify, condition, or deny the request. Due to a 21 -day SEPA threshold determination appeal period, the Council is being asked to conduct the quasi-judicial hearing this evening, deliberate and decide on the 2 ordinances and forward them to the June 18 Consent Agenda. RI:vlIw:WI?D BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: NA RECOMMENDATIONS: SPONSOR/ADMIN• CONrnIrrrl Department of Community Development :I : NA COST IMPACT / FUND SOURCE EXPI',NDI"PURI: RI:QUIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: NA Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/4/18 MTG. DATE ATTACHMENTS 6/4/18 Informational Memorandum to City Council with Staff Report and 2 Ordinances Staff Powerpoint presentation Applicant Powerpoint presentation 6/18/18 �c 76 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Jack Pace, Community Development Department Director BY: Moira Carr Bradshaw, Senior Planner Copy: Mayor Ekberg DATE: May 29, 2018 SUBJECT: Vintage@Tukwila Comprehensive Plan and Zoning Maps change ISSUE Should the City Council approve a request to amend the Comprehensive Plan's Land Use and Zoning Map in the Ryan Hill Neighborhood? BACKGROUND The City received a request to amend the Comprehensive Land Use and Zoning Map for a potential future project called Vintage@Tukwila. The site is located in the Ryan Hill neighborhood where the City recently completed an areawide study of conditions; development scenarios; and neighborhood concerns, and opinions. This application is a quasi-judicial decision that requires the City Council to hold a public hearing. The Council may only take testimony and have discussions on the application at a duly noticed public hearing in order to show impartiality and to be fair to all parties. Because of a required 21 -day SEPA threshold determination appeal period, the City Council may not take action on June 4, 2018. Because this item is quasi-judicial, it would be prudent to conclude discussion, make a decision on the evening of the public hearing, and if approved, forward the draft ordinances to the June 18 Consent agenda. DISCUSSION The attached Staff Report contains findings and conclusions about the request and the site relative to the Tukwila Municipal Code (TMC 18.84.020) decision criteria for rezones. There are two ordinances attached — One amends the Comprehensive Plan's Land Use Map and one amends the Zoning Map. The content of the ordinances is similar. FINANCIAL IMPACT None 77 INFORMATIONAL MEMO Page 2 RECOMMENDATION Upon the conclusion of the public hearing and Council deliberation, staff recommends that the City Council move the draft ordinances to the June 18, 2018 consent agenda. Staff recommends approval of the request for a change to the Comprehensive Plan's Land Use and the Zoning map from Low Density Residential to High Density Residential for Vintage@Tukwila subject to the conditions contained in the draft ordinances. ATTACHMENTS Staff Report with Attachments Draft Comprehensive Plan ordinance Draft Zoning Code ordinance 78 Z:\Council Agenda Items\DCDIVintage@TukwilallnfoMemo - CC 6.4.18 - final.doc City of Tukwila Allan Ekberg, Mayor Department of Community Development Jack Pace, Director Staff Report to the Tukwila City Council HEARING DATE: June 4, 2018 NOTIFICATION: Mailed Notice to properties within 500' radius 4/19/17 Mailed Notice to all Ryan Hill Neighborhood properties 4/27/18 Posted Site Published Notice in the Seattle Times and City web page FILE NUMBERS: E17-0002 SEPA L16-0083 Comprehensive Plan Land Use and Zoning Map change APPLICANT: Mujib Kamawal, Bush Roed & Hitchings REQUEST: LOCATION: Change Comprehensive Plan and zoning designation from Low Density Residential (LDR) and Commercial Light Industrial (C/LI) to High Density Residential (HDR) Four undeveloped tax parcels: 3348401800; 3348401810; 3348401820; 3348401860; that is, Lots 165 -173 of Block 18 of C.D. Hillman's Meadow Gardens Addition Less St Hwy, Less C of S Tran Ln R/W Plat Block: 18 to the City of Seattle Division No. 2. Located to the west and behind 10739 and 10831 47th Avenue S. in the Ryan Hill neighborhood COMPREHENSIVE PLAN: Low Density Residential (LDR) ZONING: Low Density Residential (LDR) SEPA DETERMINATION: Determination of Non -Significance issued May 24, 2018 STAFF: Moira Bradshaw, Senior Planner ATTACHMENTS: A. Applicant's Response to Decision Criteria B. Potential future development plan C. LDR versus High Density Residential Zoning Standards D. Map of Staff Recommended conditions 79 80 Findings Request The applicant requests an amendment to the Comprehensive Plan's Land Use Map and a corresponding rezone from Low Density Residential (LDR) to High Density Residential (HDR) on four adjacent undeveloped lots totaling 10.5 acres. If the Comprehensive Plan's Land Use and the Zoning map changes are approved, the contract purchaser proposes to construct 247 Senior Housing units in a four-story structure on the four southerly parcels A - D. (Figure 1). Changing the Comprehensive Plan and Zoning maps are no guarantee that the project would be built as initially proposed but is provided as an example of a potential future development. The Comprehensive Plan and Zoning Designations and the subject site are outlined in green. Existing LDR zoning is shaded in yellow, High Density Residential located along 51 Avenue S. in brown, Commercial Light Industrial in purple and Office in blue. Comprehensive Plan Amendment and Rezone Decision Criteria (TMC 18.84.020): The City Council's decision to grant a Comprehensive Plan map change and rezone shall be supported by written findings and conclusions showing specifically that all of the following conditions exist. Approval of the map changes requires the adoption of an ordinance. Page 2 of 13 05/29/2018 Map Change Site Parcel D Tax ID 334840- 1860 186,001 sq.ft. LDR Parcel C Tax ID 334840- 1820 158,558 sq.ft. Parcel B Tax ID 334 1810 39,390 sq.ft. Parc 41 j` ♦� TakIb 334840I1 LDR LDR LI Figure 1 Comprehensive Plan and Zoning Maps Background Annexation History The subject property became part of Tukwila in 1989 as part of the Fire District #1 annexation. At the time of annexation, the property was zoned to reflect the prior King County zoning. When the Comprehensive Plan and city-wide zoning were subsequently reviewed, no changes were proposed to the original King County designations. Public Comment On May 2, 2017, staff held the required public information meeting for residents and property owners within 500 feet of the site. Several property owners attended the meeting to ask Page 3 of 13 05/29/2018 81 82 questions. One written comment was received that stated opposition to additional traffic on 47Avenue S. because of safety concerns for local children and provided the opinion that 47 Avenue S. is not capable of handling the additional traffic volume. They requested that access to the proposed multi -family development site be from Martin Luther King Junior Way South (MLKJWS). The City Engineer responded that MLKJWS is designated by Washington State Department of Transportation as limited access and therefore not available for ingress/egress. The City Engineer has requested that at the time of a future development proposal that additional traffic analysis be provided. Because of the lapse in time since the required public meeting in May of 2017, and the initiation of neighborhood -wide meeting in November of 2017 (see "Ryan Hill Neighborhood Study" section below), staff held a second public meeting using an expanded mailing. There were no citizens or comments received at the May 9, 2018 public meeting. Ryan Hill Neighborhood Study Staff initiated a neighborhood -wide study that looked at existing conditions, potential development scenarios and surveyed property owners and residents. The study revealed a number of things that were unknown. The residents and property owners have differing opinions about the future of the neighborhood. Opinions generally depend on where they live or own property within the neighborhood. Higher residential density and housing options are more desirable to property owners north of the Seattle City Light right of way than south of the right of way. Additionally, there was overall support for a neighborhood retail node that would provide additional neighborhood services. Neighborhood input also indicated that the neighborhood's existing characteristics were an asset as it was described as a "rural oasis in the city." Except for the approximate 15 -acre Raisbeck property located along the west side of the neighborhood and bordering MLKJRWS, which is the subject of this rezone request, future development is likely to be small scale (short plats) and developed incrementally. Development of less than 4 lots does not require frontal improvements nor would a through connection be financially feasible for most short plat developers. The lack of regional stormwater facilities and the difficulties associated with on-site storm infiltration and/or detention on steep slopes impacts the near term developability of many properties. In areas where redevelopment is more feasible, the needed water and sewer infrastructure improvements identified in the study can be incrementally installed. The incrementally added infrastructure will be able to support the long-term service objectives outlined within the study. Enhancing and improving the circulation system is feasible from an engineering standpoint but not likely from a financial standpoint. The 1,200 -foot -long dead end road (twice the length of the City's maximum standard) can be eliminated by connecting between the 109th/48th and Pagc 4 of 13 05/29/2018 110th/49th Avenue S intersections. The City, however, has many street projects, and this new connection is unlikely in the near future as a public project. Finally, the Raisbeck property, which is the Vintage@Tukwila site, is a linchpin for extending sewer service to properties north of the Seattle City Light right of way and south of S. 107th Street. Vicinity/Site Information The subject site is in the Ryan Hill neighborhood and is primarily characterized by environmentally sensitive features located on or in its vicinity. The topographic survey provided by the applicant gives details on vegetation, watercourse and wetlands as well as topographic lines. Landslide Class 2 — Moderate and Class 3 - High landslide areas with topographic slopes that range from 15 — 40%. Wetlands and Stream The wetland and watercourse delineation report that was prepared for this application identified the following: Type 3 watercourse — Ryan Hill Stream. (Stream A) is located to the north of the site and bisects the northeast corner of Parcel D. Most of the wetlands are located around the periphery of the site but whose buffers extend onto the site. The exception is Wetland B. Wetland B is a type IV located in the center of the project site and requires 50 foot buffers. From the Tukwila Municipal Code: "Category IV wetlands have the lowest levels of functions (scores less than 30 points) and are often heavily disturbed. While these are wetlands that should be able to be replaced or improved, they still need protection because they may provide some important functions. Any disturbance of these wetlands will be considered on a case by case basis." (TMC 18.45.080 Wetlands Designations, Ratings and Buffers) Any future development will need to be setback from the wetlands and their buffers. Wetlands A and AA are category II and are located along Ryan Hill Stream and are required to have 100 foot buffers. Wetland C, a category III wetland, which has an 80 foot regulatory buffer, is located on the south of the site and extends onto the Seattle City Light property. There are two other category III wetlands, on the parcel north of the site. (Wetlands E & F — Topographic Survey) Pagc 5 of 13 05/29/2018 83 WETLAND ork WLTIAND F Cu;ki.eirt. ou,J Strcarll rat an: -13,611,480.12712 6,024 S is Dort a survey, Features depicted are approximate only and may riot be to s,calie. Figure 2 Wetlands and Watercourse Map 84 Page 6 of 13 05/29/2018 Access The local circulation map, Figure 3, shows the street system that exists in the Ryan Hill neighborhood. Sidewalks exist along S. Ryan Way and intermittently on 51 Avenue S. Bicycle facilities are also in place on 51 Avenue S. King County Metro Route 107 is between 1/4 and 1/2 mile to the east and runs along 51 Avenue S. and Route 124 on E. Marginal Way S. is about a mile to the west. The Rainier Beach Link Station is 1.3 miles to the north. Figure 3 Ryan Hill Neighborhood Access Map Page 7 of 13 05/29/2018 85 86 Land Use/Development History There are 26 lots adjacent to 471h/10901/48th onto which the subject properties will access, 8 of which are developed with a single family home. The lots range in size from 3,500 square feet to 41,765 square feet. All but three homes, addressed as 10709, 10719, and 10729 47th Avenue S., were built pre -1964. The three addresses listed were built in 2003 and 2001 and are hooked up to the City's sewer system. The remaining five homes are on septic systems. A review of King County Assessor's property reports shows that they have designated that area as having moderate to high traffic noise. In this area, the assessed value of the developed single family homes range from $200,000 to $373,000. Also within this specific 26 lot area, four lots were acquired by King County for property owner failure to pay property tax, two of which have since been sold at auction, which is evidence of the instability in ownership in this area. City Council Decision (TMC 18.84.030) The City Council has the authority to deny, approve, or approve with conditions and safeguards as it deems necessary to protect or enhance the health, safety, and welfare of the surrounding area, and to ensure that the rezone fully meets the findings set forth in the Decision Criteria (TMC 18.84.020,) which are outlined below. Response to the criteria are below and the applicant's responses to the Decision Criteria are Attachment A. 1. The proposed amendment to the Zoning Map is consistent with the goals, objectives, and policies of the Comprehensive Plan. (TMC18.84.020 - Criteria) During the 2015 Comprehensive Plan update process, there was considerable interest in the need to maintain and enhance residential neighborhoods, while providing housing choices. The Comprehensive Plan describes LDR as follows: Low -Density Residential: Areas primarily characterized by detached single-family residential structures and their accessory uses, along with educational, institutional, and recreational uses. Density may vary by neighborhood and for projects proposing innovative housing types such as cottage housing. These uses and densities are modified where covered by the Commercial Redevelopment, Urban Renewal, Tukwila South, and Public Recreation Overlays. The Comprehensive Plan describes HDR as follows: High -Density Residential: Areas characterized by larger and higher density multi -family buildings and their accessory uses, along with educational, institutional, and recreational uses. Although not stated, high density neighborhoods have typically been located adjacent to and along major transportation corridors. They have been used to separate noisier uses and areas Page 8 of 13 05/29/2018 from the single family areas and to provide housing in neighborhood and regional centers of the City. The Comprehensive Plan's highest priority objective is the following: Objective. "To improve and sustain residential neighborhood quality and livability." Numerous goals and policies clarify and support this objective. Some representative examples from the Housing and Residential Neighborhoods elements follow: Housing Goal 3.1 The City of Tukwila provides the City's fair share of regional housing. Housing Policy 3.6.1 Encourage long-term residency by improving neighborhood quality, health and safety. Residential Neighborhoods Goal 7.1 Residential Land Use Pattern: A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses. Residential Neighborhoods Goal 7.4 Neighborhood Sustainability: Continuing enhancement and revitalization of residential neighborhoods to encourage long-term residency and environmental sustainability. Residential Neighborhoods Implementation strategies support retaining LDR zoning and encourage infrastructure improvements as follows: • Continued emphasis on existing land use patterns to protect and preserve residential uses. • Investment in public works and infrastructure improvements. • Continue to develop and implement the Residential Street Program in the CIP. • Development of a variety of new housing, including single-family homes. Residential Neighborhood and Sub -Area Vitality City -planned utility improvements and extensions place priority on improving and sustaining residential neighborhood quality and livability. Utility investments affect neighborhood quality of life and the ability to realize established visions for specific sub -areas. (City of Tukwila Comprehensive Plan, 2015) Tukwila functional plans Tukwila parks and open space do not exist in this neighborhood. The Parks Recreation and Open Space (PROS) Plan has identified the need for a neighborhood park but implementation is shown beyond 2023. A "Ryan Hill Park" is planned "following the upgrade of the local sewer service in the area, which would drive additional housing demand." (Tukwila Parks, Recreation, and Open Space Plan; 2013) Sanitary sewer service. The Ryan Hill neighborhood encompasses 116 acres with less than a mile of sewer. The capital plan for Sanitary Sewer identifies a $1.9 million sewer revitalization for the area but the timeline is beyond 2022. The justification for the project are the existing septic systems that are failing and creating public health hazards. Comprehensive Plan policy 12.1.22 Serve all existing and potential residences and businesses with a sewer utility. Pagc 9 of 13 05/29/2018 87 88 The Capital Facilities Plan identifies a $1.9 million sewer project for the neighborhood with the justification that septic systems are failing in the area. The proposed project would extend sanitary sewer from MLKJWS on the site and then per the City's Infrastructure Design and Construction Standards Manual extend it to the east property line. Bringing the sewer an additional 100 feet to the adjacent right of way would provide an opportunity for future extensions and hook-ups to the sanitary system. Tukwila water service is available to serve the higher intensity land use; however, because the system is not looped the pressure is not adequate for larger buildings. Construction will likely require modifications to structure size to accommodate the lower pressure. Access in the neighborhood is via two neighborhood arterials — Ryan Way and 51st Avenue S., which have adequate capacity but are not complete streets. Ryan Way does not have bicycle facilities and 51st Avenue S. has sporadic pedestrian facilities. The local access street, 47th Avenue S., meets the minimum street right of way width standard of 50-60 feet, is over 1,000 feet in length and does not contain a turn -around. 600 feet is the City standard for cul-de-sacs the City standard for neighborhood block size is no more than 1,000 feet on one side and double loaded lots on the width. On the other lots along 47th Avenue S., future single family development is likely to be through individual single family home construction permits and short plats that do not typically result in sidewalks or public street improvements. The condition of the street however is not adequate for a higher density project. For example, the pavement width and shoulders are uneven. Financial Planning Model Policy FP -6 — The financing of limited benefit capital improvements (i.e. private development) should be borne by the primary beneficiaries of the improvement. The principle underlying limited benefit is that the property is peculiarly benefited and therefore the owners do not in fact pay anything in excess of what they receive by reason of such improvement. Policy FP -7 — Each Enterprise Fund shall be reviewed annually and it must have a rate structure adequate to meet its operations & maintenance and long-term capital requirements. The program manager for the Sewer Comprehensive Plan stated that developers must bear the burden of extending sewer into this area. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of TMC Title 18, "Zoning Code," and the description and purpose of the zone classification applied for. (TMC 18.84.020 Criteria) If approved, the requested map change would rezone approximately 10.5 acres from Tukwila's Low Density Residential to the High Density Residential designation/zone. The Page 10 of 13 05/29/2018 Comprehensive Plan states that high-density residential areas are characterized by larger and higher density multi -family buildings and their accessory uses, along with education, institutional and recreational uses. The HDR District (TMC 18.14.010) implements the Comprehensive Plan designation of high density residential. The Zone is used to designate areas that allow up to 22.0 dwelling units per net acre. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional restrictions. It is intended to provide a high- density, multiple -family district that is also compatible with commercial and office areas. A comparison of land uses and development standards and land uses is shown on Attachment C. The difference between the two districts in terms of land use are that in HDR the following uses are permitted and are not allowed in LDR: boarding homes; convalescent, assisted living and nursing homes for up to 12 patients; townhouses and multifamily (22 units per acre;) and senior housing (at 60/units per acre;) libraries, museums, and public art galleries; and manufactured home parks. If the property were rezoned as HDR, and did not redevelop as currently proposed by the applicant, the range of other uses listed above could be developed as permitted uses as indicated on Attachment C. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map; (TMC 18.84.020(3)) and In November of 2016, central Puget Sound voters approved a funding package that includes the construction of a new light rail station within a mile of the site. The Station is scheduled for completion in the 2030s and provides access to a high capacity transit system. One half mile is the usual walk shed for rail systems but bus routes are rerouted to provide feeder service to the stations. Boeing Access Road and S. Ryan Way will be a major route to serve the station. The opportunity to have high quality transit access was not funded until 2016. The current economic impact on the regional housing market was not expected. The price of homes is rising faster in the Seattle area than anywhere else in the nation. Since the downturn in 2007, home prices are up 23.9%. Seattle leads the nation in year over year and month over month home price growth. The applicant proposes an affordable senior housing project. A major initiative to fund, build and replace City buildings (Public Facilities Plan, Tukwila 2016) will impact the overall Capital Improvement Program and likely delay any identified neighborhood infrastructure improvements thereby delaying upgrades and public infrastructure in this neighborhood. Development is and will be expected to continue to pay for itself. 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 neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. (TMC 18.84.040(4)) The City's Capital Facilities Plan shows the need for urban infrastructure improvements in this neighborhood for a neighborhood park and a sewer system to serve the area. Timing and funding for these facilities, however, has not been identified. The lots that are south of S. 107th Street and west of 50th Avenue S. are dependent on access to the sanitary sewer line in MLKJWS. The rezone will allow a project that will provide affordable housing, provide new construction that could serve to anchor the area and create a higher standard of design quality as required by the City's rigorous design review process. Development of the site would improve the Page 11 of 13 05/29/2018 89 90 infrastructure for the neighborhood and make sanitary sewers possible in the near term for property owners. CONCLUSIONS Below are the four decision criteria in bold and the conclusions drawn from the findings above. 1. The proposal is consistent with the goals, objectives and policies of the Comprehensive Plan. The 2015 Comprehensive Plan update reaffirmed Tukwila's highest priority objective, "To improve and sustain residential neighborhood quality and livability." This neighborhood is a challenging area because of the lack of public facilities and environmentally challenging land of slopes and water. The subject site, although it borders the interstate and MLKJWS on the west, has no access except through a local access street that is bordered by single family homes. The public facilities identified to support and serve this area are not funded in the near or mid-term. The proposal would be able to pay for urban services and amenities that would support the overall livability and quality of this residential neighborhood. Specifically, access to the site is via 47th Avenue S. and S. 109 Street west of 47th Avenue S, which are not adequate for higher density travel. Their improvement, which would be needed for the higher density, would improve overall neighborhood quality. As part of the future project and as a condition of this rezone, the applicant should make street improvements that meet the City's infrastructure standards including sidewalks. Sanitary sewer would be extended as part of the future project from MLKWJS onto the site and to the east property line. To benefit the neighborhood, the extension of the sewer to the adjacent public right of way would also fulfill the Comprehensive Plan's goal of improving neighborhood quality and livability and fulfilling the policy of serving all residences with sewer service. Conditioning the rezone to require the extension of the sewer line to the right of way to the east will increase the access and the feasibility and decrease the total system cost for sanitary sewers in the neighborhood. 2. The proposal is consistent with the scope and purpose of the Zoning Code and the description and purpose of the HDR zone. High density development lends itself to clustering and thereby preserving sensitive areas and open space. The entire property would be under one owner and manager thereby limiting the incremental impacts typical of individual homeowners on trees, wetlands and streams. 3. There are changed conditions since the previous zoning became effective to warrant the amendment to the Map. Residents of the City have stated that they are struggling and being displaced due to the impact of rising rents and the high cost of homeownership. The unprecedented economic impact caused by the regional demand for housing is hurting members of the community who are economically challenged. The proposal could provide affordable housing for seniors as well as basic public facilities that would support the surrounding property owners. 4. The proposal shall be in the interest of furthering the public health, safety, comfort, convenience and general welfare and will not adversely affect the neighborhood or be injurious to the properties in the vicinity. Page 12 of 13 05/29/2018 Of benefit to the neighborhood with the project would be the opportunity to connect to sanitary sewer and a reduced overall cost because of the approximate 800 linear feet that would be built by the project developers. Development of the subject site requires the applicant to bring the sewer line onto the property and to the east property line. Staff recommends that the rezone be conditioned with the requirement to bring the sewer line an additional 100 feet to 47th Avenue S. to assist with the availability of the system for expanded neighborhood use. Comment from emergency service providers and the results of the traffic analysis indicate that left turning movements are difficult onto S. Ryan Way and would be a concern with increase in trips associated with the rezone. In order to further the interests of public safety, comfort and convenience, the rezone should be conditioned to require left turn pockets to facilitate and assist in maintaining adequate level of service and entering and exiting 47th Avenue S. Staff concludes that redesignating the site to HDR would be in the best interest of the neighborhood subject to specific conditions that would support the Comprehensive Plan's priority of creating high quality residential neighborhoods. RECOMMENDATION After discussion, agreement on a decision and any conditions, staff recommends that the Council move the draft ordinances to change the Comprehensive Plan and Zoning Map to the consent agenda of the June 18, 2018 Regular meeting. Staff recommends approval of the request for a change to the Comprehensive Plan's Land Use and the Zoning map from Low Density Residential to High Density Residential for Vintage@Tukwila subject to the following conditions below, which are illustrated on Attachment D: 1. 47th Avenue S. between S. Ryan Way and S. 109th Street, and S. 109th Street between the site and 47th Avenue S., shall be improved with curbs, gutters, sidewalks, street illumination, and storm water facilities, in accordance with the City's Infrastructure Design and Construction Standards Manual in effect at the time of building permit application, prior to receiving a certificate of occupancy for the development on the site. 2. The sanitary sewer line that serves the development on the site shall be extended to 47 Avenue S. at the time of the development in accordance with the City's Infrastructure Design and Construction Standards manual in effect at the time of building permit application. 3. On S. Ryan Way, a westbound (WB) left -turn pocket, and on 47th Avenue S., a northbound (NB) left -turn pocket, shall be installed prior to receiving a certificate of occupancy for development on the site. 4. Within 60 days of passage of this ordinance, the applicant shall record against the subject property a covenant or other document approved by the City, listing the development conditions associated with the site. 5. The applicant must apply for a development permit for the proposed project within 36 months of the effective date of this ordinance. 6. Failure to comply with the conditions set forth herein shall cause the change to the Comprehensive Plan Land Use Map to be null and void, and the subject property shall revert to the zoning immediately preceding passage of this ordinance. Page 13 of 13 05/29/2018 91 92 Attachment A PROJECT DESCRIPTION AND ANALYSIS QUESTION 11. Provide a written response to the criteria listed at TMC 18.80.50 and 18.80.10. An amendment may be appropriate in light of new information that affects assumptions on which the Comprehensive Plan and Zoning Code were based, unanticipated changes in community conditions or goals, or in the interest of public safety and welfare. 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? The subject parcels for which a comp plan re -designation is sought are TPN# 6874200530, 3348401800, 3348401810, 3348401820, and 3348401860. This request seeks to have the subject parcels re -designated to a High Density Residential (HDR) land use designation, to facilitate HDR zoning that would enable future senior housing development at the site. The parcels are currently designated as Low Density Residential in the Tukwila Comprehensive Plan (TCP). The Low Density Residential Comprehensive Plan designation is suitable for areas primarily characterized by detached single-family residential structures and their accessory uses, along with educational, institutional and recreational uses. However, density may vary by neighborhood and for projects proposing innovative housing types. The subject property is wooded and undeveloped, as is the parcel to the south. It is separated, by a single vacant parcel, from Commercial/Light Industrial development to the north. To the west of the parcels is a narrow undeveloped right-of-way running north - south that separates the subject lots from the highway. To the east are small lots with single family homes. South Ryan Way abuts the immediately adjacent parcels to the north and east, which meanders through considerable residential housing. Consistent with this, the immediately adjacent property to the east designated for low-density residential land use, which land is in fact developed to Low Density Residential standards, and is lined with single-family homes. The subject property would remain in a housing designation, which its location near to the highway will permanently buffer the LDR properties to the east. The subject parcels would be appropriately designated as an HDR land use. HDR land uses under the Tukwila Municipal Code are intended to provide a high-density, multiple - family district which is also compatible with commercial and ofce areas" TMC 18.14.010. The redesignations would be compatible with the C/LI designation just one 93 parcel away to the north, and would be bordered by housing to the east, effectively buffering the LDR from both C/LI and the highway. One of the principal issues identified in the Tukwila Comprehensive plan is the need for affordable housing. As discussed at TCP p. 3-3, HOUSING AFFORDABILITY, more and more households in Tukwila are struggling to meet their housing costs. The TCT continues, recognizing that not only has community poverty tripled in Tukwila since 2003, almost half of City residents are burdened by housing costs, paying more than 30% of their income for housing. To remedy this, Tukwila Comprehensive Plan GOAL 3.5 seeks to ensure that the City of Tukwila includes a full range of housing for persons in all stages of life and for all members of our community. Designating and zoning these vacant lands HDR would provide significant opportunity to add to the housing stock in the City that is particularly focused on the aging and less fiscally advantaged segment of the community. 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? HDR is a residential use designation, but is one that is compatible with the nearby CL/I property on lot away to the north, and also with the LDR to the east. Designating the parcels as HDR would also facilitate a residential housing land use separating the residential to the east from not only the C/LI nearby, but also buffering the single-family homes from the highway. The re -designation would facilitate future zoning and development of multi family units. The applicant desires to develop multi -unit housing that will provide affordable senior housing. The site is already characterized by access to municipal infrastructure and services including roads and existing municipal wastewater lines. The re -designation of the parcels would allow future development at the expense of a private developer, which would result in installation of new interior roads and would upgrade the existing wastewater system. Development of these upgrades would be done without cost to the city, but the infrastructure would be developed to meet City standards and would ultimately become part of the City's systems. This allows for infill in and near areas already characterized by urban services such that it would avoid the need for lengthy extensions of municipal systems to serve more remote areas within the city. 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? The area would experience upgrades to the existing wastewater transmission system in the area. Also, the re -designation would allow for high-density zoning under which affordable senior housing would be pursued. The City's Comprehensive Plan recognizes the need for housing stock beyond single-family residential dwellings, as well as the need for affordable housing. This proposal is the first step in achieving those goals. 94 B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why; HDR land use designations serve to provide property that can support affordable multi- family housing and senior citizen housing. The zoning for HDR supports apartment houses, town houses, row houses and condominium, as well as multi family duplex, triplex, or four Alex units. This parcel lies in between low-density residential land, the interstate and nearby commercial land to the north, and will create a residential buffer in between them. The re -designation would also facilitate future zoning and development of multi family units. The applicant desires to develop multi -unit housing that will provide affordable senior housing. 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change: The property, now currently vacant and wooded but designated as LDR, would be rezoned and developed to HDR standards in order to provide affordable high density multi -unit senior residential housing stock. This would enable development that would provide a permanent residential buffer in between the single family residences to the east and the freeway and commercial development further north. Roads and wastewater systems would be upgraded as a result of future development at the expense of the developer rather than the City. The geographic area to be affected would include undeveloped land to the south, single-family residences to the east and northeast, commercial development to the north one parcel away, and highway to the west. The impacts would be positive — incompatible uses would be permanently buffered, and city infrastructure (roads and wastewater) would be upgraded. 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): The Low Density Residential Comprehensive Plan designation is intended for areas primarily characterized by detached single-family residential structures and their accessory uses, along with educational, institutional and recreational uses, whereas High -Density Residential reflects areas characterized by larger and higher density multi- family buildings and their accessory uses. TCP at p. A-13. The parcels subject to this request are large sized and remain undeveloped, such that re -designation to HDR will render them capable of supporting more housing units than LDR. These advances Housing Policy 3.1.1: Provide sufficient zoned housing potential to accommodate future multi family households to meet the regional growth target of 4,800 new housing units by 2031, and Housing Policy 3.2.1: Provide zoning that allows a variety of housing throughout the City to allow for diverse, equitable neighborhoods. Because the targeted 95 zoning is for low-income senior housing, the change would also facilitate Housing Policy 3.2.2: Encourage a full range of housing opportunities for all population segments, including very low-income households earning less than 30% AMI, through actions including, but not limited to, revising the Tukwila's zoning map and development codes as appropriate, which would enable a wide variety of housing types to be built. The re -designation would allow for HDR zoning. Tukwila Municipal Code 18.14.010's Purpose is as follows: "A. this district implements the High -Density Residential Comprehensive Plan designation, which allows up to 22.0 dwelling units per net acre. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional restrictions. It is intended to provide a high-density, multiple family district which is also compatible with commercial and office areas. The parcels subject to this application fall squarely within the HDR zoning expectations. The subject parcel would be appropriately designated as a High Density Residential (HDR) land use. HDR land use -designations under the TCP are appropriate for "Areas characterized by larger and higher density multi family buildings and their accessory uses, along with educational, institutional and recreational uses. Applicant proposes to develop areas characterized by residential duplexes, triplexes and fourplexes and their accessory uses, along with educational, institutional and recreational uses. MDR areas are intended to provide a transition between high-density residential or commercial areas and low-density residential areas.[J" 2. Why is the proposed change the best means for meeting the identified public need? The need for more multi family housing is a pervasive issue in Tukwila. This change advances high-density residential affordable senior housing. See TCP GOAL 3.2: "The City of Tukwila has safe, healthy and affordable homes for all residents in Tukwila." Additionally, these parcels lie in between low-density residential land, the highway and nearby commercial land. This change would serve to advance multiple city objectives. It would create a land use designation that would provide a housing residential use to buffer the nearby commercial and the highway from existing low density residential development. Not only will the re -designation result in creating a land use that can create a buffer in between the highway and low-density land uses that are already in existence, but the re- designation would also facilitate future zoning and development of multi family units. The applicant desires to develop multi -unit housing that will provide affordable senior housing. The site is already characterized by access to municipal infrastructure and services including roads and existing municipal wastewater lines. The re -designation of this property would allow future development at the expense of a private developer, which would result in installation of new interior roads and would upgrade the existing wastewater system. Development of these upgrades would be done without cost to the 96 city, but the infrastructure would be developed to meet City standards and would ultimately become part of the City's systems. This allows for infill in and near areas already characterized by urban services such that it would avoid the need for lengthy extensions of municipal systems to serve more remote areas within the city. 3. What other options are there for meeting the identified public need? Other parcels in the city could be re -designated, as necessary, and developed under an HDR land use designation and zoning standard. These, at a minimum, would require upgrades to public infrastructure and services systems, or Greenfield development to install new services at higher expense where no such services exist now. Also, those locations may not provide the added benefit of developing a buffer between existing LDR development and the highway, as well as nearby C/LZ. There will still be need for multi -unit, affordable and senior housing in Tukwila following this project_ 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; RCW 36.70A.020: (1) Urban growth. The re -designation will enable the zoning of the property to High Density Residential, in an urban area already characterized by public facilities and infrastructure that will both be improved and extended in an efficient manner. (2) Reduce sprawl. The density proposed is high, and site would be compact, which would not allow for the sprawl of low-density development. It is already characterized by the necessary urban infrastructure and services, which would be extended and upgraded. (3) Transportation. Any rezoning and subsequently approved development of the parcel that is proposed after this comprehensive plan land use re -designation would be evaluated for, and conditioned as appropriate under the Tukwila Municipal Code, means of encouraging efficient multimodal transportation systems that are based on regional priorities and coordinated with the city's comprehensive plan. (4) Housing. The purpose of this request for re -designation is to allow for rezoning and subsequent development of the parcel to provide multi -unit housing that is affordable to seniors, and which would advance the city's objectives of providing additional stock of housing of various types. (5) Economic development. The requested re -designation would enable high-density residential development to occur that would be consistent with the City's adopted comprehensive plan. It would stimulate private economic development within the City, add to the city tax base, and would provide housing targeted to be affordable to seniors, which can be a particularly 97 vulnerable sector of society relative to finding suitable, safe and reasonably priced housing. (6) Property rights. No private property will be taken for public use by this re -designation, nor will the property rights of landowners experience arbitrary and discriminatory actions as a result. (7) Permits. It is anticipated that the applicant will seek, and the City of Tukwila and affected state agencies, as appropriate, have the means to process, applications for both state and local government permits in a timely and fair manner to ensure predictability. (8) Natural resource industries. The subject property does not contain natural resource-based industries, including productive timber, agricultural, and fisheries industries. The property does not include productive forestlands and productive agricultural lands that require protection from discontinuance or incompatible uses (9) Open space and recreation. It is anticipated that the applicable City of Tukwila development regulations pertaining to open space, enhanced recreational opportunities, .fish and wildlife habitat conservation, and increased access to natural resource lands and water, parks and recreation facilities, would be appropriately evaluated and conditions imposed, as appropriate thereunder in any future proposals for development of such property to a medium -density zoning standard. (10) Environment. It is anticipated that the applicable City of Tukwila development regulations pertaining to protection the environment and enhancement of the state's high quality of life would be appropriately evaluated as appropriate should future development proposals to a medium -density use be proposed. (11) Citizen participation and coordination. The City of Tukwila's Comprehensive Plan adoption, update and revision processes encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. (12) Public facilities and services. The City of Tukwila's zoning and development codes contain applicable provisions to ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. (13) Historic preservation. 98 The City of Tukwila 's adopted environmental code contains provisions that, where applicable, advance the identification of and encourage the preservation of lands, sites, and structures that have historical or archaeological significance. 5. A statement of how the proposed amendment complies with applicable Countywide Plannine Policies; Development patterns (King County Countywide Planning Policies (KCCPP): • The compact nature of high-density residential land use and subsequent development that takes advantage of urban infrastructure already in place complies with and effectuates KCCPP Overarching Goal: "Growth in King County occurs in a compact, centers focused pattern that uses land and infrastructure efficiently and that protects Rural and Resource Lands." KCCPP at p 17. • Re -designating the subject property to High Density Residential will advance future rezoning and development consistent with KCCPP Development Patterns Urban Lands Goal DP -2 to "Promote a pattern of compact development within the Urban Growth Area that includes housing at a range of urban densities ... [ J ". KCCPP at p. 18. Housing: • Re -designating the subject property to High Density Residential will advance future rezoning and multi -unit affordable senior housing development consistent with KCCPP Housing Overarching Goal and Goal H-1, which provide " Overarching Goal: The housing "of all economic and demographic groups are met within all jurisdictions." "H-1. Address the countywide need for housing affordable to households with moderate, low and very -low incomes, including those with special needs. " KCCPP at p. 33. 6. A statement of what changes, if any, would be required in functional plans (i.e.. the City's water, sewer, stone water or shoreline plans) if the proposed amendment is adopted; None will be required. 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; None will be required. 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed chane. None will be necessary to implement the proposed change; however, subsequent rezoning of this property to the medium -density residential zone requirements and associated development regulations will be sought. 99 100 r 1. **.L.LLA.-SL4 t--;11-7 • tee .0.4100.14WILINEL/4 aaargCoi"a•K$01 stio•c• • • • _ -1 -4- — 1171140. r - 4 L Burn,. c...4.• — '2 in menu maim L mutolupi HIM Lota. M14s.$.tStfl _ • • 41, • . • . • . • . • • • PRELIMINARY SITE PLAN STUDY • --1 --11---ir l:•:1..:.: 1 11 re . r.fl:i:r :4 .:.111.- :tr.:....: :: . if IV...." • 11....• 11 _ -I- - -4- - 11.-. - -- .0- -1,- - - _:),,I I y / fr 1 i' , 1 .. /. . - ., I .4 ./ . , - . ff. . ,/ I" —7,— — ... — 4./: - ../.. .7e 1 i , J . / * / : . • . • 4:-.••••r. . • . • Attachment B 40111SDIC11ON ? 0NING CI AS.Fi CA" 10,1 OF 10r %OMNI: 0 /400111,"10,4 01 00,107, 1.14 2.4 19.20i 011 1.1AN) LQ,131,IC ”:t1,S0 2:: 71eseET MARTIN L KING JR. WAY S 1 a r ( . KEY PLAN 80.221 :11002 REVISIONS DESCRIPTION DATE PROJ. DRAWN: CHECKED: DATE. A1.1 PRELIMINARY SITE PLAN STUDY O Ni Table 18-6: Land Uses Allowed by District ATTACHMENT C P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO Adult day care A A A A A A A P Adult entertainment (subject to location restrictions ) P P P P P P P Airports, landing fields and heliports (except emergency sites) U U U U U U U Amusement Parks C C C C C C P Animal rendering U P Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats/dogs =no permit) C C C C C C Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P P P P P P P P P P Automobile, recreational vehicles or travel trailer or used car sales lots 2 P P P P P P P Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building), and alternate fueling station (not wholesale distribution facilities). P P P P P P P P P P Beauty or barber shops P P P P P P P P P r3 r4 P Bed and breakfast lodging for not more than twelve guests5 C C C Bed and breakfast lodging (no size limit specified) C P Bicycle repair shops P P P P P P P P P P P P P Billiard or pool rooms P A P P P P P P P Boarding Homes C C Brew Pubs P P C P P P P P P P P P P Bus stations P P P P P P P P P P Cabinet shops or carpenter shops employing less than five people P P P P P P P P Cargo containers (*see also 18.50.060) A&S A&S A&S A&S A&S A&S P P P P P Cement manufacturing U U U U U U Cemeteries and crematories C C C C C C C C C C C C Page 1 O P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use); C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO Colleges and universities C C C C C C C C r6 r6 C P Commercial laundries P P P P P P P Commercial Parking P7 P7 P7 P7 P7 p8 p8 p8 Computer software development and similar uses P P P P P P P P P P9 „10 P P P Contractor storage yards P P P P P P Continuing care retirement facility. C C C C C C C P Convalescent & nursing homes & assisted living facility for not more than twelve patients C P P P C P P P P P P Convalescent & nursing homes & assisted living facility for more than twelve patients C C C C C C C P Convention facilities P P P P P P P Correctional institutes 11 U U U U Daycare Centers (not home-based) P P P P P P P P P P P P P P P Daycare Family Home (Family Child Care Home) A A A A A A A A A A A Diversion facilities and diversion interim services facilities south of Strander Blvd U Dormitory C C C 13 A 13 A 13 A 13 A 13 A 13 A 13 A 13 A 13 A 13 A 13 A Drive-in theatres C C C C C C Dwelling— Detached Single family (Includes site built, modular home or new manufactured home). One detached single family dwelling per existing lot permitted in MUO, 0, RCC, NCC, TVS. P P P P P P P P P14 Dwelling- Detached Zero -Lot Line Units P Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units. P Dwelling- Townhouses P Dwelling —Multi -family P P15 P14 Dwelling— Multi -family units above office and retail uses P P P P 16 22/ ac P14 Dwelling — Senior citizen housing, including assisted living facility for seniors *see purpose section of chapter, uses sections, and development standards. p meeting density and all other MDR standards P 60/ac P 60/ac P 60/ ac P 60/ ac P 60/ac 16 C 100/ ac 14 P Dwelling unit—Accessory 17 A A A A A A A A A Page 2 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use); C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO Electrical Substation — Distribution C C C C C C C C C C C C C C P Electrical Substation —Transmission/Switching U U U U Electric Vehicle Charging Station — Level 1 and Level 2 A A A P P P P P P P P P P P P P Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) A A A A A A P P P P P P P P P P Essential public facilities, except those uses listed separately in any of the other zones U U U U U U U U U Extended -stay hotel/motel P P P P P P P Farming and farm -related activities P P Financial, banking, mortgage, other services P P P P P P P P P9/ r3 C4 P P Fire & Police Stations C C C C C C C C C C C C C C C P Fix -it, radio or television repair shops/rental shops P P P P P P P P P Fraternal organizations P P C P P P P P P P P Frozen food lockers for individual or family use P P P P P P P P Garage or carport (private) not exceeding 1,500 sq./ft on same lot as residence and is subject to the regulations affecting the main building. A A Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq./ft A A A A Greenhouses or nurseries (commercial) P P P P P P P P P Hazardous waste treatment and storage facilities (off-site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) C C Heavy equipment repair and salvage P P P P P P Helipads, accessory C Home Occupation *see definition and accessory use A A A A A A A A A A Hospitals C C C C C C C C P Hospitals, sanitariums, or similar institutes C Hotels P P P P P C C P P Hydroelectric and private utility power generating plants U U U U U U U U Industries involved with etching, film processing, lithography, printing and publishing P P P P P P P P Internet Data/Telecommunication Centers C P P P P P P P Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions U U U U U U U U U U U U U U U Laundries; self -serve, dry cleaning, tailor, dyeing P P P P P P P P P P P P P Libraries, museums, or art galleries (public) C C P P P C P P P P P P P P P P Manuf./Mobile home park18 C P Page 01 JP = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use); C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO Manufacturing and industrial uses that have little potential for creating off-site noise, smoke, dust, vibration or other external environmental impacts or pollution: A) Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P19 P P P P P P P P P B) Manufacturing, processing and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood P19 P P P P P P P P P C) Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment P19 P P P P P P P P P D) Manufacturing, processing, packaging of foods, such as baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) i)) Fermenting and distilling included P P P P ii)) No fermenting and distilling P19 P P P P P Manufacturing and industrial uses that have moderate to substantial potential for creating off-site noise, smoke, dust, vibration or other external environmental impacts: A) Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering) C C P C P C B) Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses C C P C P C C) Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging C C C P P P P C D) Manufacturing, processing, assembling and/or packaging of electrical P P P P P C Page 4 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use); C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering C P Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials U U U U Marijuana producers, processors, or retailers (with state issued license) ■ P P Pzo Mass transit facilities U U U U U U U U U U U U U U U U Medical and dental laboratories P P P P P P P P P Minor expansion of an existing warehouse 21 S Mortician and funeral homes __ P P P P P P C Motels P P P P P C C P P Movie theaters with three or fewer screens P Movie theaters with more than 3 screens 22 S Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, business, e.g. travel, real estate & commercial P z3 P P P 23 za P P P P P P9 o P25 f 2S P P Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing ■ P Outpatient and emergency medical and dental services -- r3 ra Park & ride lots C C C C C C C C C C C C Parking areas A A A A A A A A A A A A A A A A Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation P P P P P P P P P P P P P P P P P Pawnbroker C C P P P P P Planned Shopping Center (mall) P P P P P P 027 Plumbing shops (no tin work or outside storage) P P P P P P P P Radio, television, microwave, or observation stations and towers C C C C C C C C C C C C C C C C Railroad freight or classification yards U U U U Railroad tracks (including lead, spur, loading or storage) P P P P P P Recreation facilities (commercial — indoor) — athletic or health clubs P P P P P P P P r3 P P P Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges C P P P P P P Page 5 O up = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use); C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields C C C C Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses C C C C C C C C C C C C C C P Recreational area and facilities for employees A A A A A A A A A A A A A Religious facilities with an assembly area less than 750 sq ft P P P P P P P P P P P Religious facilities with an assembly area greater than 750 sq ft and community center buildings C C C C C C C C C C C Religious facility and community center buildings. C C C Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures u u u u u u Rental of vehicles not requiring a commercial driver's license P P P P P P P P P Rental of commercial trucks and fleet rentals requiring a commercial driver's license P P P P P P P Research and development facilities P P Residences for security or maintenance personnel A A A A A A A A A A A A A Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant P P P P P P P P P Restaurants including cocktail lounges in conjunction with a restaurant P P C P Retail sales of furniture appliances, automobile parts and accessories, liquor, lumber/bldg. materials, lawn &garden supplies, farm supplies P P P P P P P P Retail sales, e.g. health/ beauty aids/ prescription drugs/ food/hardware/notions/crafts/supplies/housewares/ electronics/photo- equip/film processing/ books/magazines/ stationery/ clothing/shoes/flowers/plants/pets/jewelry/ gifts/rec. equip/ sporting goods, and similar items. P P P P P P P P C3 C4 P P Retail sales as part of a planned mixed-use development where at least 50% of gross leasable floor area development is for office use; no auto -oriented retail sales (e.g., drive-ins, service stations). P P Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials C C P C P C C Sales and rental of heavy machinery and equipment subject to landscaping requirements of Chapter 18.52* P P P P P P P Salvage and wrecking operations P P C Salvage and wrecking operations which are entirely enclosed within a building P P P P Schools and studios for education or self-improvement P P P P P P P P P P 9c ° P28 P P Page 6 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use); C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C C C C C C C C C C C P (public only) Secure community transition facility 29 U Self -storage facilities P P P P P P P P P Sewage lift station U U U U U U U P Shelter P P P P P Stable (private) Aju Aju Aju P Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to Chapter 18.52 P P P P P P P P P Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required P P P C C Storm water- neighborhood detention + treatment facilities U U U U U U U P Storm water pump station U U U U U U U Studios —Art, photography, music, voice and dance P P P P P P P P P Taverns, nightclubs P P P P P ,31 ,31 P P Telephone exchanges P P P P P P P P P P P P Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code P P P P P P P P32 Tow -truck operations, subject to all additional State and local regulations P P P P P P P Transfer stations (refuse and garbage) when operated by a public agency U U U U Truck terminals P P P P P P Utilities, regional C Vehicle storage(no customers onsite, does not include park -and -fly operations) P Warehouse storage and/or wholesale distribution facilities P P P P P P P P Water pump station U U U U U U U P Water utility reservoir and related facilities U U U U U U U Wireless Telecommunications Facilities (*see TMC 18.58) P P P P P P P P P P P P P P P P P Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: a. Similar in nature to and compatible with other uses permitted out right within a similar zone; and b .Consistent with the stated purpose of the zone; and c. Consistent with the policies of the Tukwila Comprehensive Plan. Page 7 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; retail services such as beauty and barber shops, outpatient and emergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 4. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; retail services such as beauty and barber shops, financial services, outpatient and emergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 5. Bed and breakfast facilities, provided: a. the manager/owner must live on-site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on-site parking spaces for the owner and permanent residents and one additional on-site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must be offered on-site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 7. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 8. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 9. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. Page 8 10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. 11. Correctional institution operated by the City of Tukwila 12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 13. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 14. Allowed after residential design manual with criteria for approval is adopted by ordinance. 15. Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2-4, Recreation Space Requirements. 16. Dwelling - Multi -family units (Max. 22.0 units/acre except senior citizen housing which is allowed to 100 units/acre, as a mixed-use development that is non -industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minider Pond. 17. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single-family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 18. Manufactured/mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 19. NCC allows businesses that include a retail component in conjunction with their manufacturing operation and meeting other performance standards of Chapter 18.22. These businesses may manufacture, process, assemble and/or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs; c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk-in basis; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk-in basis and meeting the City's performance standards. 20. Where the underlying zoning is HI or TVS Page 9 fV 21. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non -conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 22. Movie theaters with more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 23. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. 24. Offices, when such offices occupy no more than the first two stories of the building, or basement and floor above, or three stories, in the Urban Redevelopment Area along Tukwila International Boulevard, 25. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 26. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code. 27. Planned shopping center (mall) up to 500,000 square feet. 28. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. Page 29. Secure community transition facility, subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any residential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; (c) Licensed day care and licensed preschool facilities; (d) Public parks, publicly dedicated trails, and sports fields; (e) Recreational and community centers; (f) Churches, synagogues, temples and mosques; and (g) Public libraries. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Depattnlent of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 30. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 31. No night clubs 32. Theaters for live performances only, not including adult entertainment establishments. Page 11 Standards Comparison LDR HDR Design Review For non residential uses All multi -family Recreation Space None 400 square feet per unit Maximum Bldg. foot print 35% Lot area minimum 6,500 9,600 sq.ft. Development area maximum 75% (less on larger lots) Setbacks Front/side/rear 20/5/10 Graduated front: 15/20/30 Side: 10/20/20/30 10/20/20/301 Height 30 feet 45 feet Landscape none 15/10/10 1 Side and Rear setbacks requirements are deeper when adjacent to LDR Page 12 0) Attachment D Sla7thsi Condition 3. Add Left turn lanes LDR Change Parcels A -D from LDR to HDR Parcel C Tax ID 334840-1820 Condition 1. Improve 47 Ave. S. ifParcel B Tax Ib 334840 MO Pao ;eIA Tax ID 334840-1 0 LDR 5 HD1 115 116 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE PLAN AS PART OF THE ANNUAL DOCKET FOR 2018 BY MODIFYING THE COMPREHENSIVE PLAN LAND USE MAP FOR THE VINTAGE@TUKWILA REZONE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila is required to plan under the Growth Management Act (RCW 36.70A.040); and WHEREAS, the Growth Management Act requires that comprehensive plans and development regulations be subject to continuing evaluation and review and allows comprehensive plans to be amended on an annual basis, but no more than once a year, with certain exceptions; and WHEREAS, the Growth Management Act provides that amendments to comprehensive plans shall be considered simultaneously with an evaluation of the cumulative effects of the requested amendments and for general consistency of each amendment with the Plan, while also allowing for separate review and adoption of each individual proposal; and WHEREAS, the City received a request in December 2016 (File No. PL16-0062) from a property owner for rezone of their properties as part of the annual Comprehensive Plan amendment process; and WHEREAS, the application for Vintage@Tukwila, which is an active senior living residential development, was postponed from consideration in 2017 pending additional review and analysis of area -wide impacts to the Ryan Hill neighborhood, which has been completed; and WHEREAS, sanitary sewer service to the neighborhood is needed to ensure public health and neighborhood quality; the conditions analysis shows that the Vintage@ Tukwila site is critical to extending sewer to the neighborhood; and property owners and residents do not oppose higher density development in this part of the neighborhood; and W: Word Processing\Ordinances\Vintage@Tukwila Comp Plan Land Use Map 5-18-18 MB:bjs Page 1 of 3 117 WHEREAS, Vintage@Tukwila's rezone application is now being considered as part of the 2018 amendments to the Comprehensive Plan; and WHEREAS, the City of Tukwila provided the required 60 -day notification of the proposed Comprehensive Plan amendments to the Washington State Department of Commerce under RCW 36.70A.106; and WHEREAS, on May 24, 2018, the City of Tukwila issued a Determination of Nonsignificance pursuant to the State Environmental Policy Act (SEPA) (Chapter 197- 11 WAC) and Tukwila Municipal Code Title 21 for the proposed change to the Vintage@Tukwila site on the Comprehensive Plan Land Use Map; and WHEREAS, on June 4, 2018, the City Council held a duly noticed public hearing to receive comments on the proposed changes to the Comprehensive Plan Land Use Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions. The City Council hereby adopts the Findings and Conclusions, attached hereto as Exhibit B and incorporated by this reference as if fully set forth herein. Section 2. Comprehensive Plan Land Use Map Change Approved. The Vintage@Tukwila site is located in the block bounded by S. Ryan Way, 47th Avenue S., Seattle City Light right-of-way, and Martin Luther King Jr. Way S., located in Tukwila, Washington, King County. The site is further identified as tax parcels: 3348401800, 3348401810, 3348401820 and 3348401860, and as legally described and shown in the attached Exhibit C. The site, which contains Parcels A through D, is hereby rezoned from Low Density Residential (LDR) to High Density Residential (HDR), as shown in the attached Exhibit A, subject to the following conditions: 1. 47th Avenue S. between S. Ryan Way and S. 109th Street, and S. 109th Street between the site and 47th Avenue S., shall be improved with curbs, gutters, sidewalks, street illumination, and storm water facilities, in accordance with the City's Infrastructure Design and Construction Standards Manual in effect at the time of building permit application, prior to receiving a certificate of occupancy for the development on the site. 2. The sanitary sewer line that serves the development on the site shall be extended to 47 Avenue S. at the time of the development in accordance with the City's Infrastructure Design and Construction Standards manual in effect at the time of building permit application. 3. On S. Ryan Way, a westbound (WB) left -turn pocket, and on 47th Avenue S., a northbound (NB) left -turn pocket, shall be installed prior to receiving a certificate of occupancy for development on the site. 4. Within 60 days of passage of this ordinance, the applicant shall record against the subject property a covenant or other document approved by the City, listing the development conditions associated with the site. W: Word Processing\Ordinances\Vintage@Tukwila Comp Plan Land Use Map 5-18-18 118 MB:bjs Page 2 of 3 5. The applicant must apply for a development permit for the proposed project within 36 months of the effective date of this ordinance. 6. Failure to comply with the conditions set forth herein shall cause the change to the Comprehensive Plan Land Use Map to be null and void, and the subject property shall revert to the zoning immediately preceding passage of this ordinance. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show the changes in designation from LDR to HDR for the Vintage@Tukwila site as authorized in Section 2 of this ordinance. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. 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 , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A — Comprehensive Plan Map / Site Map Exhibit B — Findings and Conclusions Staff Report (File No. PL16-0062) Exhibit C — Legal Description W: Word Processing\Ordinances\Vintage@Tukwila Comp Plan Land Use Map 5-18-18 MB:bjs Page 3 of 3 119 120 Parcel D Tax ID 3348404860 LDR Parcel C Tax ID 334840-1820 Parcel B Tax ID 314840181C cel A Tax ID 334840-1)0_.__ LDR 121 122 Request City of Tukwila Allan Ekberg, Mayor Department of Community Development Jack Pace, Director Findings Exhibit B The applicant requests an amendment to the Comprehensive Plan's Land Use Map and a corresponding rezone from Low Density Residential (LDR) to High Density Residential (HDR) on four adjacent undeveloped lots totaling 10.5 acres. If the Comprehensive Plan's Land Use and the Zoning map changes are approved, the contract purchaser proposes to construct 247 Senior Housing units in a four-story structure on the four southerly parcels A - D. (Figure 1). Changing the Comprehensive Plan and Zoning maps are no guarantee that the project would be built as initially proposed but is provided as an example of a potential future development. The Comprehensive Plan and Zoning Designations and the subject site are outlined in green. Existing LDR zoning is shaded in yellow, High Density Residential located along 51 Avenue S. in brown, Commercial Light Industrial in purple and Office in blue. Comirehensive Plan Amendment and Rezone Decision Criteria (TMC 18.84.020): The City Council's decision to grant a Comprehensive Plan map change and rezone shall be supported by written findings and conclusions showing specifically that all of the following conditions exist. Approval of the map changes requires the adoption of an ordinance. 123 Li LCR CLI 1Q7th Si rare i D Tax ID 334840- 1860 186,001 sq.ft. LDR Parcel C Tax ID 334840- 1820 158,558 sq.ft. Parcel B- —�► Tax ID 334 1810 39,390 sq.ft., Parcel A ♦�_ Tai ID 334840-1800 71,874-sq-#— LDR g s -X^ tLIR —S-107111-61— - LDR C LIIR V7 L Hr Background Annexation History The subject property became part of Tukwila in 1989 as part of the Fire District #1 annexation. At the time of annexation, the property was zoned to reflect the prior King County zoning. When the Comprehensive Plan and city-wide zoning were subsequently reviewed, no changes were proposed to the original King County designations. Public Comment On May 2, 2017, staff held the required public information meeting for residents and property owners within 500 feet of the site. Several property owners attended the meeting to ask 124 Page 2 of 12 05/29/2018 questions. One written comment was received that stated opposition to additional traffic on 47Avenue S. because of safety concerns for local children and provided the opinion that 47 Avenue S. is not capable of handling the additional traffic volume. They requested that access to the proposed multi -family development site be from Martin Luther King Junior Way South (MLKJWS). The City Engineer responded that MLKJWS is designated by Washington State Department of Transportation as limited access and therefore not available for ingress/egress. The City Engineer has requested that at the time of a future development proposal that additional traffic analysis be provided. Because of the lapse in time since the required public meeting in May of 2017, and the initiation of neighborhood -wide meeting in November of 2017 (see "Ryan Hill Neighborhood Study" section below), staff held a second public meeting using an expanded mailing. There were no citizens or comments received at the May 9, 2018 public meeting. Rvan Hill Neighborhood Study Staff initiated a neighborhood -wide study that looked at existing conditions, potential development scenarios and surveyed property owners and residents. The study revealed a number of things that were unknown. The residents and property owners have differing opinions about the future of the neighborhood. Opinions generally depend on where they live or own property within the neighborhood. Higher residential density and housing options are more desirable to property owners north of the Seattle City Light right of way than south of the right of way. Additionally, there was overall support for a neighborhood retail node that would provide additional neighborhood services. Neighborhood input also indicated that the neighborhood's existing characteristics were an asset as it was described as a "rural oasis in the city." Except for the approximate 15 -acre Raisbeck property located along the west side of the neighborhood and bordering MLKJRWS, which is the subject of this rezone request, future development is likely to be small scale (short plats) and developed incrementally. Development of less than 4 lots does not require frontal improvements nor would a through connection be financially feasible for most short plat developers. The lack of regional stormwater facilities and the difficulties associated with on-site storm infiltration and/or detention on steep slopes impacts the near term developability of many properties. In areas where redevelopment is more feasible, the needed water and sewer infrastructure improvements identified in the study can be incrementally installed. The incrementally added infrastructure will be able to support the long-term service objectives outlined within the study. Enhancing and improving the circulation system is feasible from an engineering standpoint but not likely from a financial standpoint. The 1,200 -foot -long dead end road (twice the length of the City's maximum standard) can be eliminated by connecting between the 109th/48th and Page 3 of 12 125 05/29/2018 126 110th/49th Avenue S intersections. The City, however, has many street projects, and this new connection is unlikely in the near future as a public project. Finally, the Raisbeck property, which is the Vintage@Tukwila site, is a linchpin for extending sewer service to properties north of the Seattle City Light right of way and south of S. 107th Street. Vicinitv/Site Information The subject site is in the Ryan Hill neighborhood and is primarily characterized by environmentally sensitive features located on or in its vicinity. The topographic survey provided by the applicant gives details on vegetation, watercourse and wetlands as well as topographic lines. Landslide Class 2 — Moderate and Class 3 - High landslide areas with topographic slopes that range from 15 — 40%. Wetlands and Stream The wetland and watercourse delineation report that was prepared for this application identified the following: Type 3 watercourse — Ryan Hill Stream. (Stream A) is located to the north of the site and bisects the northeast corner of Parcel D. Most of the wetlands are located around the periphery of the site but whose buffers extend onto the site. The exception is Wetland B. Wetland B is a type IV located in the center of the project site and requires 50 foot buffers. From the Tukwila Municipal Code: "Category IV wetlands have the lowest levels of functions (scores less than 30 points) and are often heavily disturbed. While these are wetlands that should be able to be replaced or improved, they still need protection because they may provide some important functions. Any disturbance of these wetlands will be considered on a case by case basis." (TMC 18.45.080 Wetlands Designations, Ratings and Buffers) Any future development will need to be setback from the wetlands and their buffers. Wetlands A and AA are category II and are located along Ryan Hill Stream and are required to have 100 foot buffers. Wetland C, a category III wetland, which has an 80 foot regulatory buffer, is located on the south of the site and extends onto the Seattle City Light property. There are two other category III wetlands, on the parcel north of the site. (Wetlands E & F — Topographic Survey) Page 4 of 12 05/29/2018 ) p vAilt.- -ern. e..111! Ib 7 to' ' 7 roc sr.v, • • . `X ... .11 lb k 1 .. DP -10 ['..., . 4' • dator ' IIR - ... - - -, .. . q . , e.."-# • • . • -.. 0 . A. ...., et "" 6,. , ,--- -. Ar• r • 'kb 4. - - • • 4-"i 7 at, 6111414.-,1: • • • _.•••••-• ( 14 • . Tx. • am_ ' •da. • e 'ika"*" 4.4 • 1.41 J)- 44 .fid" sinvi • DP S 11 tia '14:11. • L0( DP -6 • . 11 •• I ' o'," •A 4 ; t • e 644 - 40'1- - :14e • 41•4 .r Al t a Iit 5 f'..11414r ' .14 f• OtAl • • • 7 i • a 0" 4. , NE. 14 p• N DP -13 ________„.% . ..t.0 6.G2465 this k-,ot asurve. I eatures depicted are approximate only and may not be to scale Page 5 of 12 1 27 05/29/2018 Access The local circulation map, Figure 3, shows the street system that exists in the Ryan Hill neighborhood. Sidewalks exist along S. Ryan Way and intermittently on 51 Avenue S. Bicycle facilities are also in place on 51 Avenue S. King County Metro Route 107 is between 1/4 and % mile to the east and runs along 51 Avenue S. and Route 124 on E. Marginal Way S. is about a mile to the west. The Rainier Beach Link Station is 1.3 miles to the north. } 128 Page 6 of 12 05/29/2018 Land Use/Development History There are 26 lots adjacent to 47tH/109tH/48th onto which the subject properties will access, 8 of which are developed with a single family home. The lots range in size from 3,500 square feet to 41,765 square feet. All but three homes, addressed as 10709, 10719, and 10729 47th Avenue S., were built pre -1964. The three addresses listed were built in 2003 and 2001 and are hooked up to the City's sewer system. The remaining five homes are on septic systems. A review of King County Assessor's property reports shows that they have designated that area as having moderate to high traffic noise. In this area, the assessed value of the developed single family homes range from $200,000 to $373,000. Also within this specific 26 lot area, four lots were acquired by King County for property owner failure to pay property tax, two of which have since been sold at auction, which is evidence of the instability in ownership in this area. City Council Decision (TMC 18.84.030) The City Council has the authority to deny, approve, or approve with conditions and safeguards as it deems necessary to protect or enhance the health, safety, and welfare of the surrounding area, and to ensure that the rezone fully meets the findings set forth in the Decision Criteria (TMC 18.84.020,) which are outlined below. 1. The proposed amendment to the Zoning Map is consistent with the goals, objectives, and policies of the Comprehensive Plan. (TMC18.84.020 - Criteria) During the 2015 Comprehensive Plan update process, there was considerable interest in the need to maintain and enhance residential neighborhoods, while providing housing choices. The Comprehensive Plan describes LDR as follows: Low -Density Residential: Areas primarily characterized by detached single-family residential structures and their accessory uses, along with educational, institutional, and recreational uses. Density may vary by neighborhood and for projects proposing innovative housing types such as cottage housing. These uses and densities are modified where covered by the Commercial Redevelopment, Urban Renewal, Tukwila South, and Public Recreation Overlays. The Comprehensive Plan describes HDR as follows: High -Density Residential: Areas characterized by larger and higher density multi -family buildings and their accessory uses, along with educational, institutional, and recreational uses. Although not stated, high density neighborhoods have typically been located adjacent to and along major transportation corridors. They have been used to separate noisier uses and areas from the single family areas and to provide housing in neighborhood and regional centers of the City. Page 7 of 12 129 05/29/2018 130 The Comprehensive Plan's highest priority objective is the following: Objective. "To improve and sustain residential neighborhood quality and livability." Numerous goals and policies clarify and support this objective. Some representative examples from the Housing and Residential Neighborhoods elements follow: Housing Goal 3.1 The City of Tukwila provides the City's fair share of regional housing. Housing Policy 3.6.1 Encourage long-term residency by improving neighborhood quality, health and safety. Residential Neighborhoods Goal 7.1 Residential Land Use Pattern: A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses. Residential Neighborhoods Goal 7.4 Neighborhood Sustainability: Continuing enhancement and revitalization of residential neighborhoods to encourage long-term residency and environmental sustainability. Residential Neighborhoods Implementation strategies support retaining LDR zoning and encourage infrastructure improvements as follows: • Continued emphasis on existing land use patterns to protect and preserve residential uses. • Investment in public works and infrastructure improvements. • Continue to develop and implement the Residential Street Program in the CIP. • Development of a variety of new housing, including single-family homes. Residential Neighborhood and Sub -Area Vitality City -planned utility improvements and extensions place priority on improving and sustaining residential neighborhood quality and livability. Utility investments affect neighborhood quality of life and the ability to realize established visions for specific sub -areas. (City of Tukwila Comprehensive Plan, 2015) Tukwila functional plans Tukwila parks and open space do not exist in this neighborhood. The Parks Recreation and Open Space (PROS) Plan has identified the need for a neighborhood park but implementation is shown beyond 2023. A "Ryan Hill Park" is planned "following the upgrade of the local sewer service in the area, which would drive additional housing demand." (Tukwila Parks, Recreation, and Open Space Plan; 2013) Sanitary sewer service. The Ryan Hill neighborhood encompasses 116 acres with less than a mile of sewer. The capital plan for Sanitary Sewer identifies a $1.9 million sewer revitalization for the area but the timeline is beyond 2022. The justification for the project are the existing septic systems that are failing and creating public health hazards. Comprehensive Plan policy 12.1.22 Serve all existing and potential residences and businesses with a sewer utility. The Capital Facilities Plan identifies a $1.9 million sewer project for the neighborhood with the justification that septic systems are failing in the area. Page 8 of 12 05/29/2018 The proposed project would extend sanitary sewer from MLKJWS on the site and then per the City's Infrastructure Design and Construction Standards Manual extend it to the east property line. Bringing the sewer an additional 100 feet to the adjacent right of way would provide an opportunity for future extensions and hook-ups to the sanitary system. Tukwila water service is available to serve the higher intensity land use; however, because the system is not looped the pressure is not adequate for larger buildings. Construction will likely require modifications to structure size to accommodate the lower pressure. Access in the neighborhood is via two neighborhood arterials — Ryan Way and 51st Avenue S., which have adequate capacity but are not complete streets. Ryan Way does not have bicycle facilities and 51st Avenue S. has sporadic pedestrian facilities. The local access street, 47th Avenue S., meets the minimum street right of way width standard of 50-60 feet, is over 1,000 feet in length and does not contain a turn -around. 600 feet is the City standard for cul-de-sacs the City standard for neighborhood block size is no more than 1,000 feet on one side and double loaded lots on the width. On the other lots along 47th Avenue S., future single family development is likely to be through individual single family home construction permits and short plats that do not typically result in sidewalks or public street improvements. The condition of the street however is not adequate for a higher density project. For example, the pavement width and shoulders are uneven. Financial Planning Model Policy FP -6 — The financing of limited benefit capital improvements (i.e. private development) should be borne by the primary beneficiaries of the improvement. The principle underlying limited benefit is that the property is peculiarly benefited and therefore the owners do not in fact pay anything in excess of what they receive by reason of such improvement. Policy FP -7 — Each Enterprise Fund shall be reviewed annually and it must have a rate structure adequate to meet its operations & maintenance and long-term capital requirements. The program manager for the Sewer Comprehensive Plan stated that developers must bear the burden of extending sewer into this area. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of TMC Title 18, "Zoning Code," and the description and purpose of the zone classification applied for. (TMC 18.84.020 Criteria) If approved, the requested map change would rezone approximately 10.5 acres from Tukwila's Low Density Residential to the High Density Residential designation/zone. The Comprehensive Plan states that high-density residential areas are characterized by larger and higher density multi -family buildings and their accessory uses, along with education, institutional and recreational uses. The HDR District (TMC 18.14.010) implements the Comprehensive Plan designation of high density residential. The Zone is used to designate areas that allow up to Page 9 of 12 05/29/2018 131 132 22.0 dwelling units per net acre. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional restrictions. It is intended to provide a high-density, multiple -family district that is also compatible with commercial and office areas. Consideration was given to the land uses and development standards in the two different zones. The difference between the two zones in terms of land use are that in HDR the following uses are permitted and are not allowed in LDR: boarding homes; convalescent, assisted living and nursing homes for up to 12 patients; townhouses and multifamily (22 units per acre) and senior housing (at 60/units per acre;) libraries, museums, and public art galleries; and manufactured home parks. If the property were rezoned as HDR, and did not redevelop as currently proposed by the applicant, the range of other uses listed above could be developed as permitted uses. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map; (TMC 18.84.020(3)) and In November of 2016, central Puget Sound voters approved a funding package that includes the construction of a new light rail station within a mile of the site. The Station is scheduled for completion in the 2030s and provides access to a high capacity transit system. One half mile is the usual walk shed for rail systems but bus routes are rerouted to provide feeder service to the stations. Boeing Access Road and S. Ryan Way will be a major route to serve the station. The opportunity to have high quality transit access was not funded until 2016. The current economic impact on the regional housing market was not expected. The price of homes is rising faster in the Seattle area than anywhere else in the nation. Since the downturn in 2007, home prices are up 23.9%. Seattle leads the nation in year over year and month over month home price growth. The applicant proposes an affordable senior housing project. A major initiative to fund, build and replace City buildings (Public Facilities Plan, Tukwila 2016) will impact the overall Capital Improvement Program and likely delay any identified neighborhood infrastructure improvements thereby delaying upgrades and public infrastructure in this neighborhood. Development is and will be expected to continue to pay for itself. 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 neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. (TMC 18.84.040(4)) The City's Capital Facilities Plan shows the need for urban infrastructure improvements in this neighborhood for a neighborhood park and a sewer system to serve the area. Timing and funding for these facilities, however, has not been identified. The lots that are south of S. 107th Street and west of 50th Avenue S. are dependent on access to the sanitary sewer line in MLKJWS. The rezone will allow a project that will provide affordable housing, provide new construction that could serve to anchor the area and create a higher standard of design quality as required by the City's rigorous design review process. Development of the site would improve the infrastructure for the neighborhood and make sanitary sewers possible in the near term for property owners. Page 10 of 12 05/29/2018 CONCLUSIONS Below are the four decision criteria in bold and the conclusions drawn from the findings above. 1. The proposal is consistent with the goals, objectives and policies of the Comprehensive Plan. The 2015 Comprehensive Plan update reaffirmed Tukwila's highest priority objective, "To improve and sustain residential neighborhood quality and livability." This neighborhood is a challenging area because of the lack of public facilities and environmentally challenging land of slopes and water. The subject site, although it borders the interstate and MLKJWS on the west, has no access except through a local access street that is bordered by single family homes. The public facilities identified to support and serve this area are not funded in the near or mid- term. The proposal would be able to pay for urban services and amenities that would support the overall livability and quality of this residential neighborhood. Specifically, access to the site is via 47th Avenue S. and S. 109 Street west of 47th Avenue S, which are not adequate for higher density travel, would need to be improved. Their improvement would improve overall neighborhood quality; therefore, the City Council concludes that as part of the future project and as a condition of this rezone, the applicant should make street improvements that meet the City's infrastructure standards including sidewalks. Sanitary sewer would be extended as part of the future project from MLKWJS onto the site and to the east property line. To benefit the neighborhood, the extension of the sewer to the adjacent public right of way would also fulfill the Comprehensive Plan's goal of improving neighborhood quality and livability and fulfilling the policy of serving all residences with sewer service. The City Council concludes that conditioning the rezone to require the extension of the sewer line to the right of way to the east will increase the access and the feasibility and decrease the total system cost for sanitary sewers in the neighborhood and therefore meet the criteria. 2. The proposal is consistent with the scope and purpose of the Zoning Code and the description and purpose of the HDR zone. High density development lends itself to clustering and thereby preserving sensitive areas and open space. The entire property would be under one owner and manager thereby limiting the incremental impacts typical of individual homeowners on trees, wetlands and streams. 3. There are changed conditions since the previous zoning became effective to warrant the amendment to the Map. Residents of the City have stated that they are struggling and being displaced due to the impact of rising rents and the high cost of homeownership. The unprecedented economic impact caused by the regional demand for housing is hurting members of the community who are economically challenged. The proposal could provide affordable housing for seniors as well as basic public facilities that would support the surrounding property owners. Page 11 of 12 133 05/29/2018 134 4. The proposal shall be in the interest of furthering the public health, safety, comfort, convenience and general welfare and will not adversely affect the neighborhood or be injurious to the properties in the vicinity. Of benefit to the neighborhood with the project would be the opportunity to connect to sanitary sewer and a reduced overall cost because of the approximate 800 linear feet that would be built by the project developers. Development of the subject site requires the applicant to bring the sewer line onto the property and to the east property line. The City Council concludes that in order to meet the criteria the rezone should be conditioned with the requirement to bring the sewer line an additional 100 feet to 47th Avenue S. to assist with the availability of the system for expanded neighborhood use. Comment from emergency service providers and the results of the traffic analysis indicate that left turning movements are difficult onto S. Ryan Way and would be a concern with increase in trips associated with the rezone. In order to further the interests of public safety, comfort and convenience, the City Council concludes that the rezone should be conditioned to require left turn pockets to facilitate and assist in maintaining adequate level of service and safety in entering and exiting 47th Avenue S. from S. Ryan Way. The City Council concludes that redesignating the site to HDR would be in the best interest of the neighborhood subject to specific conditions that would support the Comprehensive Plan's priority of creating high quality residential neighborhoods and further the public's health, safety and comfort. Page 12 of 12 05/29/2018 05-24-18 VINTAGE @ TUKWILA LEGAL DESCRIPTION: PARCEL A: EXHIBIT C LOT 165, BLOCK 18, C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 82, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT PORTIONS CONDEMNED BY THE CITY OF SEATTLE FOR TRANSMISSION LINE PURPOSES IN SUPERIOR COURT CAUSE NO. 469557 AS CONTEMPLATED BY ORDINANCE NO. 82986; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED MARCH 07, 1963 UNDER RECORDING NO. 5552941, RECORDS OF KING COUNTY; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1 BY RECORDING NO. 5695665; AND EXCEPT THAT PORTION THEREOF IF ANY LYING WITHIN STREET. TAX ACCOUNT NO.: 334840-1800-07 PARCEL B: LOT 166, BLOCK 18, C.D. HILLMAN' CITY OF SEATTLE, DIVISION NO. 2, RECORDED IN VOLUME 12 OF PLATS, WASHINGTON; S MEADOW GARDENS ADDITION TO THE ACCORDING TO THE PLAT THEREOF PAGE 82, RECORDS OF KING COUNTY, EXCEPT THAT PORTION THEREOF CONVEYED TO STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1 BY RECORDING NO. 5552940. TAX ACCOUNT NO.: 334840-1810-05 PARCEL C: LOTS 167 TO 170, GARDENS ADDITION ACCORDING TO THE PAGE 82, RECORDS INCLUSIVE, BLOCK 18, C. D. HILLMAN'S MEADOW TO THE CITY OF SEATTLE DIVISION NO. 2, PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, OF KING COUNTY, WASHINGTON; 135 EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF PRIMARY STATE HIGHWAY NUMBER 1 AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 597316. TAX ACCOUNT NO.: 334840-1820-03 PARCEL D: LOTS 171 TO 173, INCLUSIVE, BLOCK 18, C. D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 82, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF PRIMARY STATE HIGHWAY NUMBER 1 AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 601962. TAX ACCOUNT NO.: 334840-1860-04 136 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED IN THE RYAN HILL NEIGHBORHOOD AND KNOWN AS VINTAGE@TUKWILA FROM LOW DENSITY RESIDENTIAL (LDR) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map to implement the City's Comprehensive Plan, and these documents may be reviewed and updated as appropriate; and WHEREAS, as part of the City's 2018 Comprehensive Plan docket of potential amendments, the City is considering an application to change the Comprehensive Plan Land Use Map and Zoning Map for the Vintage@Tukwila project, which is an active senior living residential development; and WHEREAS, on May 2, 2017 and on May 9, 2018, City staff held the required public meeting for the surrounding property owners and tenants regarding the proposed change to the Comprehensive Plan and Zoning Map (Exhibit A); and WHEREAS, sanitary sewer service to the neighborhood is needed to ensure public health and neighborhood quality; the conditions analysis shows that the Vintage@ Tukwila site is critical to extending sewer to the neighborhood; and property owners and residents do not oppose higher density development in this part of the neighborhood; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act by making a determination on May 24, 2018 that no significant environmental impact would occur as a result of the Zoning Map change; and WHEREAS, notices of the public hearing were timely published in The Seattle Times, posted on site, and mailed to surrounding properties; and W: Word Processing\Ordinances\Vintage@Tukwila-Rezone LDR to HDR 5-18-18 MB:bjs Page 1 of 3 137 WHEREAS, on June 4, 2018, the City Council held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of a Zoning Map change, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, after due consideration, the City Council has determined the public interest will be served by approving the zoning map change application with conditions and that the change is in compliance with the City of Tukwila Comprehensive Plan Land Use Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions, attached hereto as Exhibit B and incorporated by this reference as if fully set forth herein. Section 2. Zoning Map Change Approved Subject to Conditions. The Viintage@Tukwila site is located in the block bounded by S. Ryan Way, 47th Avenue S., Seattle City Light right-of-way, and Martin Luther King Jr. Way S., located in Tukwila, Washington, King County. The site is further identified as tax parcels 3348401800, 3348401810, 3348401820 and 3348401860, and as legally described and shown in the attached Exhibit C. The site, which contains parcels A through D, is hereby rezoned from Low Density Residential (LDR) to High Density Residential (HDR), as shown on the attached Exhibit A, subject to the following conditions: 1. 47th Avenue S. between S. Ryan Way and S. 109th Street, and S. 109th Street between the site and 47th Avenue S., shall be improved with curbs, gutters, sidewalks, street illumination, and storm water facilities, in accordance with the City's Infrastructure Design and Construction Standards Manual in effect at the time of building permit application, prior to receiving a certificate of occupancy for the development on the site. 2. The sanitary sewer line that serves the development on the site shall be extended to 47th Avenue S. at the time of the development in accordance with the City's Infrastructure Design and Construction Standards Manual in effect at the time of building permit application. 3. On S. Ryan Way, a westbound (WB) left -turn pocket, and on 47th Avenue S., a northbound (NB) left -turn pocket, shall be installed prior to receiving a certificate of occupancy for development on the site. 4. Within 60 days of passage of this ordinance, the applicant shall record against the site a covenant or other document, approved by the City, requiring compliance with the stated conditions. 5. The applicant must apply for a development permit for the proposed project within 36 months of the effective date of this ordinance. W: Word Processing\Ordinances\Vintage@Tukwila-Rezone LDR to HDR 5-18-18 138 MB:bjs Page 2 of 3 6. Failure to comply with the conditions set forth herein shall cause the change to the Zoning Map to be null and void, and the subject property shall revert to the zoning immediately preceding passage of this ordinance. Section 3. Map Change Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official Zoning Map to show the zoning change for the Vintage@Tukwila site as authorized in Section 2 of this ordinance. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. 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 , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A — Zoning Map / Site Map Exhibit B — Findings and Conclusions Staff Report (File #PL16-0063) Exhibit C — Legal Description W: Word Processing\Ordinances\Vintage@Tukwila-Rezone LDR to HDR 5-18-18 MB:bjs Page 3 of 3 139 140 r Map Change Site LDR to HDR c CLI Parcel D Tax ID 334840-1860 LDR Parcel C Tax ID 334840-1820 Parcel B Tax ID 3 LD G Pa cel A Tax ID 334840-1 181C 0 1 EXHIBIT A r' 1 LDR 1 LDR HE L O 141 142 Request City of Tukwila Allan Ekberg, Mayor Department of Community Development Jack Pace, Director Findings Exhibit B The applicant requests an amendment to the Comprehensive Plan's Land Use Map and a corresponding rezone from Low Density Residential (LDR) to High Density Residential (HDR) on four adjacent undeveloped lots totaling 10.5 acres. If the Comprehensive Plan's Land Use and the Zoning map changes are approved, the contract purchaser proposes to construct 247 Senior Housing units in a four-story structure on the four southerly parcels A - D. (Figure 1). Changing the Comprehensive Plan and Zoning maps are no guarantee that the project would be built as initially proposed but is provided as an example of a potential future development. The Comprehensive Plan and Zoning Designations and the subject site are outlined in green. Existing LDR zoning is shaded in yellow, High Density Residential located along 51 Avenue S. in brown, Commercial Light Industrial in purple and Office in blue. Comprehensive Plan Amendment and Rezone Decision Criteria (TMC 18.84.020): The City Council's decision to grant a Comprehensive Plan map change and rezone shall be supported by written findings and conclusions showing specifically that all of the following conditions exist. Approval of the map changes requires the adoption of an ordinance. 143 vaq s s S1 Vii- Lig R l"arcci 1) Tax ID 334840- 1860 186,001 sq.ft. LDR Parcel C Tax ID 334840- 1820 158,558 sq.ft. Parcel B' -• Tax ID 334 1810 39,390 sq.ft _ Parcel A - TaK ID 3348401,1 -71,874-sq. ft. LDR 0 HD' 5 Inn i7 P ij ,p7(1 Zoy7Mg Background Annexation History The subject property became part of Tukwila in 1989 as part of the Fire District #1 annexation. At the time of annexation, the property was zoned to reflect the prior King County zoning. When the Comprehensive Plan and city-wide zoning were subsequently reviewed, no changes were proposed to the original King County designations. Public Comment On May 2, 2017, staff held the required public information meeting for residents and property owners within 500 feet of the site. Several property owners attended the meeting to ask 144 Page 2 of 12 05/29/2018 questions. One written comment was received that stated opposition to additional traffic on 47Avenue S. because of safety concerns for local children and provided the opinion that 47 Avenue S. is not capable of handling the additional traffic volume. They requested that access to the proposed multi -family development site be from Martin Luther King Junior Way South (MLKJWS). The City Engineer responded that MLKJWS is designated by Washington State Department of Transportation as limited access and therefore not available for ingress/egress. The City Engineer has requested that at the time of a future development proposal that additional traffic analysis be provided. Because of the lapse in time since the required public meeting in May of 2017, and the initiation of neighborhood -wide meeting in November of 2017 (see "Ryan Hill Neighborhood Study" section below), staff held a second public meeting using an expanded mailing. There were no citizens or comments received at the May 9, 2018 public meeting. Ryan Hill Neighborhood Study Staff initiated a neighborhood -wide study that looked at existing conditions, potential development scenarios and surveyed property owners and residents. The study revealed a number of things that were unknown. The residents and property owners have differing opinions about the future of the neighborhood. Opinions generally depend on where they live or own property within the neighborhood. Higher residential density and housing options are more desirable to property owners north of the Seattle City Light right of way than south of the right of way. Additionally, there was overall support for a neighborhood retail node that would provide additional neighborhood services. Neighborhood input also indicated that the neighborhood's existing characteristics were an asset as it was described as a "rural oasis in the city." Except for the approximate 15 -acre Raisbeck property located along the west side of the neighborhood and bordering MLKJRWS, which is the subject of this rezone request, future development is likely to be small scale (short plats) and developed incrementally. Development of less than 4 lots does not require frontal improvements nor would a through connection be financially feasible for most short plat developers. The lack of regional stormwater facilities and the difficulties associated with on-site storm infiltration and/or detention on steep slopes impacts the near term developability of many properties. In areas where redevelopment is more feasible, the needed water and sewer infrastructure improvements identified in the study can be incrementally installed. The incrementally added infrastructure will be able to support the long-term service objectives outlined within the study. Enhancing and improving the circulation system is feasible from an engineering standpoint but not likely from a financial standpoint. The 1,200 -foot -long dead end road (twice the length of the City's maximum standard) can be eliminated by connecting between the 109th/48th and Page 3 of 12 05/29/2018 145 146 110th/49th Avenue S intersections. The City, however, has many street projects, and this new connection is unlikely in the near future as a public project. Finally, the Raisbeck property, which is the Vintage@Tukwila site, is a linchpin for extending sewer service to properties north of the Seattle City Light right of way and south of S. 107th Street. Vicinitv/Site Information The subject site is in the Ryan Hill neighborhood and is primarily characterized by environmentally sensitive features located on or in its vicinity. The topographic survey provided by the applicant gives details on vegetation, watercourse and wetlands as well as topographic lines. Landslide Class 2 — Moderate and Class 3 - High landslide areas with topographic slopes that range from 15 — 40%. Wetlands and Stream The wetland and watercourse delineation report that was prepared for this application identified the following: Type 3 watercourse — Ryan Hill Stream. (Stream A) is located to the north of the site and bisects the northeast corner of Parcel D. Most of the wetlands are located around the periphery of the site but whose buffers extend onto the site. The exception is Wetland B. Wetland B is a type IV located in the center of the project site and requires 50 foot buffers. From the Tukwila Municipal Code: "Category IV wetlands have the lowest levels of functions (scores less than 30 points) and are often heavily disturbed. While these are wetlands that should be able to be replaced or improved, they still need protection because they may provide some important functions. Any disturbance of these wetlands will be considered on a case by case basis." (TMC 18.45.080 Wetlands Designations, Ratings and Buffers) Any future development will need to be setback from the wetlands and their buffers. Wetlands A and AA are category II and are located along Ryan Hill Stream and are required to have 100 foot buffers. Wetland C, a category III wetland, which has an 80 foot regulatory buffer, is located on the south of the site and extends onto the Seattle City Light property. There are two other category III wetlands, on the parcel north of the site. (Wetlands E & F — Topographic Survey) Page 4 of 12 05/29/2018 , .1 DP -6 A tivi: W„,... 4 , - .. ..... .....,: „.. ict ,.#i , ..1., i ' — •"-i .4% 1 le- AW 15 11. t ill Sk • tr, 4F. ' ” ' vor .. • .140'. -... ir 1/4 "tt * • . . )1° .., —7- ...1 pl. 4. • .....P. 1 6'. * 'la Ai ' is ,-,""ditit Joi • 4 A". OP -14 rf . ar is not asurve. features depicted aro aoproxirrate only and may not be to scale Fi/"..,': 2 ffreilais aiyci Page 5 of 12 05/29/2018 147 148 Access The local circulation map, Figure 3, shows the street system that exists in the Ryan Hill neighborhood. Sidewalks exist along S. Ryan Way and intermittently on 51 Avenue S. Bicycle facilities are also in place on 51 Avenue S. King County Metro Route 107 is between 1/4 and 1/2 mile to the east and runs along 51 Avenue S. and Route 124 on E. Marginal Way S. is about a mile to the west. The Rainier Beach Link Station is 1.3 miles to the north. Page 6 of 12 05/29/2018 Land Use/Development History There are 26 lots adjacent to 47tH/109th/48th onto which the subject properties will access, 8 of which are developed with a single family home. The Tots range in size from 3,500 square feet to 41,765 square feet. All but three homes, addressed as 10709, 10719, and 10729 47th Avenue S., were built pre -1964. The three addresses listed were built in 2003 and 2001 and are hooked up to the City's sewer system. The remaining five homes are on septic systems. A review of King County Assessor's property reports shows that they have designated that area as having moderate to high traffic noise. In this area, the assessed value of the developed single family homes range from $200,000 to $373,000. Also within this specific 26 lot area, four lots were acquired by King County for property owner failure to pay property tax, two of which have since been sold at auction, which is evidence of the instability in ownership in this area. City Council Decision (TMC 18.84.030) The City Council has the authority to deny, approve, or approve with conditions and safeguards as it deems necessary to protect or enhance the health, safety, and welfare of the surrounding area, and to ensure that the rezone fully meets the findings set forth in the Decision Criteria (TMC 18.84.020,) which are outlined below. 1. The proposed amendment to the Zoning Map is consistent with the goals, objectives, and policies of the Comprehensive Plan. (TMC18.84.020 - Criteria) During the 2015 Comprehensive Plan update process, there was considerable interest in the need to maintain and enhance residential neighborhoods, while providing housing choices. The Comprehensive Plan describes LDR as follows: Low -Density Residential: Areas primarily characterized by detached single-family residential structures and their accessory uses, along with educational, institutional, and recreational uses. Density may vary by neighborhood and for projects proposing innovative housing types such as cottage housing. These uses and densities are modified where covered by the Commercial Redevelopment, Urban Renewal, Tukwila South, and Public Recreation Overlays. The Comprehensive Plan describes HDR as follows: High -Density Residential: Areas characterized by larger and higher density multi -family buildings and their accessory uses, along with educational, institutional, and recreational uses. Although not stated, high density neighborhoods have typically been located adjacent to and along major transportation corridors. They have been used to separate noisier uses and areas from the single family areas and to provide housing in neighborhood and regional centers of the City. Page 7 of 12 05/29/2018 149 150 The Comprehensive Plan's highest priority objective is the following: Objective. "To improve and sustain residential neighborhood quality and livability." Numerous goals and policies clarify and support this objective. Some representative examples from the Housing and Residential Neighborhoods elements follow: Housing Goal 3.1 The City of Tukwila provides the City's fair share of regional housing. Housing Policy 3.6.1 Encourage long-term residency by improving neighborhood quality, health and safety. Residential Neighborhoods Goal 7.1 Residential Land Use Pattern: A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses. Residential Neighborhoods Goal 7.4 Neighborhood Sustainability: Continuing enhancement and revitalization of residential neighborhoods to encourage long-term residency and environmental sustainability. Residential Neighborhoods Implementation strategies support retaining LDR zoning and encourage infrastructure improvements as follows: • Continued emphasis on existing land use patterns to protect and preserve residential uses • Investment in public works and infrastructure improvements. • Continue to develop and implement the Residential Street Program in the CIP. • Development of a variety of new housing, including single-family homes. Residential Neighborhood and Sub -Area Vitality City -planned utility improvements and extensions place priority on improving and sustaining residential neighborhood quality and livability. Utility investments affect neighborhood quality of life and the ability to realize established visions for specific sub -areas. (City of Tukwila Comprehensive Plan, 2015) Tukwila functional plans Tukwila parks and open space do not exist in this neighborhood. The Parks Recreation and Open Space (PROS) Plan has identified the need for a neighborhood park but implementation is shown beyond 2023. A "Ryan Hill Park" is planned "following the upgrade of the local sewer service in the area, which would drive additional housing demand." (Tukwila Parks, Recreation, and Open Space Plan; 2013) Sanitary sewer service. The Ryan Hill neighborhood encompasses 116 acres with less than a mile of sewer. The capital plan for Sanitary Sewer identifies a $1.9 million sewer revitalization for the area but the timeline is beyond 2022. The justification for the project are the existing septic systems that are failing and creating public health hazards. Comprehensive Plan policy 12.1.22 Serve all existing and potential residences and businesses with a sewer utility. The Capital Facilities Plan identifies a $1.9 million sewer project for the neighborhood with the justification that septic systems are failing in the area. Page 8 of 12 05/29/2018 The proposed project would extend sanitary sewer from MLKJWS on the site and then per the City's Infrastructure Design and Construction Standards Manual extend it to the east property line. Bringing the sewer an additional 100 feet to the adjacent right of way would provide an opportunity for future extensions and hook-ups to the sanitary system. Tukwila water service is available to serve the higher intensity land use; however, because the system is not looped the pressure is not adequate for larger buildings. Construction will likely require modifications to structure size to accommodate the lower pressure. Access in the neighborhood is via two neighborhood arterials — Ryan Way and 51st Avenue S., which have adequate capacity but are not complete streets. Ryan Way does not have bicycle facilities and 51st Avenue S. has sporadic pedestrian facilities. The local access street, 47th Avenue S., meets the minimum street right of way width standard of 50-60 feet, is over 1,000 feet in length and does not contain a turn -around. 600 feet is the City standard for cul-de-sacs the City standard for neighborhood block size is no more than 1,000 feet on one side and double loaded lots on the width. On the other lots along 47th Avenue S., future single family development is likely to be through individual single family home construction permits and short plats that do not typically result in sidewalks or public street improvements. The condition of the street however is not adequate for a higher density project. For example, the pavement width and shoulders are uneven. Financial Planning Model Policy FP -6 — The financing of limited benefit capital improvements (i.e. private development) should be borne by the primary beneficiaries of the improvement. The principle underlying limited benefit is that the property is peculiarly benefited and therefore the owners do not in fact pay anything in excess of what they receive by reason of such improvement. Policy FP -7 — Each Enterprise Fund shall be reviewed annually and it must have a rate structure adequate to meet its operations & maintenance and long-term capital requirements. The program manager for the Sewer Comprehensive Plan stated that developers must bear the burden of extending sewer into this area. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of TMC Title 18, "Zoning Code," and the description and purpose of the zone classification applied for. (TMC 18.84.020 Criteria) If approved, the requested map change would rezone approximately 10.5 acres from Tukwila's Low Density Residential to the High Density Residential designation/zone. The Comprehensive Plan states that high-density residential areas are characterized by larger and higher density multi -family buildings and their accessory uses, along with education, institutional and recreational uses. The HDR District (TMC 18.14.010) implements the Comprehensive Plan designation of high density residential. The Zone is used to designate areas that allow up to Page 9 of 12 1 51 05/29/2018 152 22.0 dwelling units per net acre. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional restrictions. It is intended to provide a high-density, multiple -family district that is also compatible with commercial and office areas. Consideration was given to the land uses and development standards in the two different zones. The difference between the two zones in terms of land use are that in HDR the following uses are permitted and are not allowed in LDR: boarding homes; convalescent, assisted living and nursing homes for up to 12 patients; townhouses and multifamily (22 units per acre;) and senior housing (at 60/units per acre;) libraries, museums, and public art galleries; and manufactured home parks. If the property were rezoned as HDR, and did not redevelop as currently proposed by the applicant, the range of other uses listed above could be developed as permitted uses. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map; (TMC 18.84.020(3)) and In November of 2016, central Puget Sound voters approved a funding package that includes the construction of a new light rail station within a mile of the site. The Station is scheduled for completion in the 2030s and provides access to a high capacity transit system. One half mile is the usual walk shed for rail systems but bus routes are rerouted to provide feeder service to the stations. Boeing Access Road and S. Ryan Way will be a major route to serve the station. The opportunity to have high quality transit access was not funded until 2016. The current economic impact on the regional housing market was not expected. The price of homes is rising faster in the Seattle area than anywhere else in the nation. Since the downturn in 2007, home prices are up 23.9%. Seattle leads the nation in year over year and month over month home price growth. The applicant proposes an affordable senior housing project. A major initiative to fund, build and replace City buildings (Public Facilities Plan, Tukwila 2016) will impact the overall Capital Improvement Program and likely delay any identified neighborhood infrastructure improvements thereby delaying upgrades and public infrastructure in this neighborhood. Development is and will be expected to continue to pay for itself. 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 neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. (TMC 18.84.040(4)) The City's Capital Facilities Plan shows the need for urban infrastructure improvements in this neighborhood for a neighborhood park and a sewer system to serve the area. Timing and funding for these facilities, however, has not been identified. The lots that are south of S. 107th Street and west of 50th Avenue S. are dependent on access to the sanitary sewer line in MLKJWS. The rezone will allow a project that will provide affordable housing, provide new construction that could serve to anchor the area and create a higher standard of design quality as required by the City's rigorous design review process. Development of the site would improve the infrastructure for the neighborhood and make sanitary sewers possible in the near term for property owners. Page 10 of 12 05/29/2018 CONCLUSIONS Below are the four decision criteria in bold and the conclusions drawn from the findings above. 1. The proposal is consistent with the goals, objectives and policies of the Comprehensive Plan. The 2015 Comprehensive Plan update reaffirmed Tukwila's highest priority objective, "To improve and sustain residential neighborhood quality and livability." This neighborhood is a challenging area because of the lack of public facilities and environmentally challenging land of slopes and water. The subject site, although it borders the interstate and MLKJWS on the west, has no access except through a local access street that is bordered by single family homes. The public facilities identified to support and serve this area are not funded in the near or mid- term. The proposal would be able to pay for urban services and amenities that would support the overall livability and quality of this residential neighborhood. Specifically, access to the site is via 47th Avenue S. and S. 109 Street west of 47th Avenue S, which are not adequate for higher density travel, would need to be improved. Their improvement would improve overall neighborhood quality; therefore, the City Council concludes that as part of the future project and as a condition of this rezone, the applicant should make street improvements that meet the City's infrastructure standards including sidewalks. Sanitary sewer would be extended as part of the future project from MLKWJS onto the site and to the east property line. To benefit the neighborhood, the extension of the sewer to the adjacent public right of way would also fulfill the Comprehensive Plan's goal of improving neighborhood quality and livability and fulfilling the policy of serving all residences with sewer service. The City Council concludes that conditioning the rezone to require the extension of the sewer line to the right of way to the east will increase the access and the feasibility and decrease the total system cost for sanitary sewers in the neighborhood and therefore meet the criteria. 2. The proposal is consistent with the scope and purpose of the Zoning Code and the description and purpose of the HDR zone. High density development lends itself to clustering and thereby preserving sensitive areas and open space. The entire property would be under one owner and manager thereby limiting the incremental impacts typical of individual homeowners on trees, wetlands and streams. 3. There are changed conditions since the previous zoning became effective to warrant the amendment to the Map. Residents of the City have stated that they are struggling and being displaced due to the impact of rising rents and the high cost of homeownership. The unprecedented economic impact caused by the regional demand for housing is hurting members of the community who are economically challenged. The proposal could provide affordable housing for seniors as well as basic public facilities that would support the surrounding property owners. Page 11 of 12 1 53 05/29/2018 154 4. The proposal shall be in the interest of furthering the public health, safety, comfort, convenience and general welfare and will not adversely affect the neighborhood or be injurious to the properties in the vicinity. Of benefit to the neighborhood with the project would be the opportunity to connect to sanitary sewer and a reduced overall cost because of the approximate 800 linear feet that would be built by the project developers. Development of the subject site requires the applicant to bring the sewer line onto the property and to the east property line. The City Council concludes that in order to meet the criteria the rezone should be conditioned with the requirement to bring the sewer line an additional 100 feet to 47th Avenue S. to assist with the availability of the system for expanded neighborhood use. Comment from emergency service providers and the results of the traffic analysis indicate that left turning movements are difficult onto S. Ryan Way and would be a concern with increase in trips associated with the rezone. In order to further the interests of public safety, comfort and convenience, the City Council concludes that the rezone should be conditioned to require left turn pockets to facilitate and assist in maintaining adequate level of service and safety in entering and exiting 47th Avenue S. from S. Ryan Way. The City Council concludes that redesignating the site to HDR would be in the best interest of the neighborhood subject to specific conditions that would support the Comprehensive Plan's priority of creating high quality residential neighborhoods and further the public's health, safety and comfort. Page 12 of 12 05/29/2018 05-24-18 VINTAGE @ TUKWILA LEGAL DESCRIPTION: PARCEL A: EXHIBIT C LOT 165, BLOCK 18, C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 82, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT PORTIONS CONDEMNED BY THE CITY OF SEATTLE FOR TRANSMISSION LINE PURPOSES IN SUPERIOR COURT CAUSE NO. 469557 AS CONTEMPLATED BY ORDINANCE NO. 82986; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED MARCH 07, 1963 UNDER RECORDING NO. 5552941, RECORDS OF KING COUNTY; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO, 1 BY RECORDING NO. 5695665; AND EXCEPT THAT PORTION THEREOF IF ANY LYING WITHIN STREET. TAX ACCOUNT NO.: 334840-1800-07 PARCEL B: LOT 166, BLOCK 18, C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 82, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1 BY RECORDING NO. 5552940. TAX ACCOUNT NO.: 334840-1810-05 PARCEL C: LOTS 167 TO 170, GARDENS ADDITION ACCORDING TO THE PAGE 82, RECORDS INCLUSIVE, BLOCK 18, C. D. HILLMAN'S MEADOW TO THE CITY OF SEATTLE DIVISION NO. 2, PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, OF KING COUNTY, WASHINGTON; 155 EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF PRIMARY STATE HIGHWAY NUMBER 1 AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 597316. TAX ACCOUNT NO.: 334840-1820-03 PARCEL D: LOTS 171 TO 173, INCLUSIVE, BLOCK 18, C. D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 82, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF PRIMARY STATE HIGHWAY NUMBER 1 AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 601962. TAX ACCOUNT NO.: 334840-1860-04 156 Comprehensive Plan Land Use and Zoning Maps change Vintage@Tukwila June 4, 2018 01 00 LDR cress �d srRamp .St yr Tax ID 334840 - Map Change Site Parcel C Tax ID 334840- 820 58,558 sq.ft. Parcel B Tax ID 334 1810 39,390 sq.ft. 1 ID'S 3348401:00 ,874 -sq: LDR LJ Decision Criteria 1. The proposed amendment to the Zoning Map is consistent with the goals, objectives, and policies of the Comprehensive Plan. (TMC 18.84.020(1)) N Decision Criteria 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of TMC Title 18, "Zoning Code," and the description and purpose of the zone classification applied for. (TMC 18.84.020(2)) Decision Criteria 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map; and (TMC 18.84.020(3)) Decision Criteria 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 neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. (TMC 18.84.020(4)) Attachment D L LDR Parcel D Tax ID 334840-1860 LDR Condition 3. Add Left turn lanes LDR Condition 2. Extend sewer to public r.o.w. Change Parcels A -D from LDR to HDR Parcel C Tax ID 334840-1820 Condition 1. Improve 47 Ave. S. arcel B Tax ID 3 X40-18"1 Pal cel A Tax ID 334840-18 )0 Recommendation Staff recommends approval of the request for a change to the Comprehensive Plan's Land Use and the Zoning map from Low Density Residential to High Density Residential for Vintage@Tukwila subject to the following conditions: Conditions 1. 47th Avenue S. between S. Ryan Way and S. 109th Street, and S. 109th Street between the site and 47th Avenue S., shall be improved with curbs, gutters, sidewalks, street illumination, and storm water facilities, in accordance with the City's Infrastructure Design and Construction Standards Manual in effect at the time of building permit application, prior to receiving a certificate of occupancy for the development on the site. Conditions cont'd. 2. The sanitary sewer line that serves the development on the site shall be extended to 47t" Avenue S. at the time of the development in accordance with the City's Infrastructure Design and Construction Standards manual in effect at the time of building permit application. Conditions cont'd. 3. On S. Ryan Way, a westbound (WB) left - turn pocket, and on 47th Avenue S., a northbound (NB) left -turn pocket, shall be installed prior to receiving a certificate of occupancy for development on the site. 4. Within 60 days of passage of this ordinance, the applicant shall record against the subject property a covenant or other document approved by the City, listing the development conditions associated with the site. Conditions cont'd. 5. The applicant must apply for a development permit for the proposed project within 36 months of the effective date of this ordinance. 6. Failure to comply with the conditions set forth herein shall cause the change to the Comprehensive Plan Land Use Map to be null and void, and the subject property shall revert to the zoning immediately preceding passage of this ordinance. Attachment D L LDR Parcel D Tax ID 334840-1860 LDR Condition 3. Add Left turn lanes LDR Condition 2. Extend sewer to public r.o.w. Change Parcels A -D from LDR to HDR Parcel C Tax ID 334840-1820 Condition 1. Improve 47 Ave. S. arcel B Tax ID 3 X40-18"1 Pal cel A Tax ID 334840-18 )0 tAction Council move the Draft ordinances to amend the Comprehensive Land Use Plan and the Zoning Code maps to the consent agenda of your June 18, 2018 Regular meeting. VINTAGE HOUSING Vintage at Tukwila Senior Living Community VINTAGE � c Ili Providing affordable rental 1 housing to seniors and families HOUSING We specialize in the development and operation of affordable housing. We currently have communities in California, Washington, Nevada, Oregon and Idaho. We are able to offer attractive apartment homes to income qualified families and active seniors. We are committed to the construction of quality affordable homes that provide opportunity for an enhanced life for families and retirement living for seniors. Vintage Housing's services also include on-site property management services, arrangements for grocery delivery, pharmacy delivery, monthly newsletters, a wellness program administered by visiting physicians, and organized activities and trips in conjunction with local senior citizen organizations and controlled building entry for enhanced resident security. The City of Tukwila provides an ideal setting for our project... m Tukwila is located in a Central location m Access to City Amenities m Proximity to Seattle, Bellevue & Tacoma m Access to commercial & retail services Proximity to Southcenter Mall m Proximity to 1-5 Access to Mass Transit (Light Rail/Park & Ride) m Proximity medical facilities m Proximity to Airport w Safe Neighborhood m Project site allows for secure environment for the neighborhood m Diversity Tukwila is Growing!! COMPREHENSIVE PLAN AMENDMENT N. Proposal to change the zoning of 4 parcels from LDR to HDR HDR land use designations serve to provide property that can support affordable multi- family housing The project proposes to develop the site with affordable senior housing 03 23 049 149 5476800 50 1 5476800051 54f 5 47 68 0062_ �; to o 76800061 ® r'g-0 00060 0 0a 'R , ,n to 9215 CLI 0323 049050 5476800'067 5 476800068' W -1 I< 5476800069 I 1 S. 5tl476800070r- 00525 76 0 70¢00525 687420 PROPOSED CHANGE FROM LDR TO HDR eP 4. 5476800090 54766001110 57476801100 5476800080 6874200326 0440 8874200: 1 I 1 00530 ...6874200465 in 6 74200416 0 6874200415--887"200280- t° 687421004811 1. 68742 c 6874200395 68742.00275/ 687400515 687420026! o S 109TH ST 0 IIIgo 42005 3348402700 6874200625 0 0 0 0 0 0 co 90 ° y 00 N. co 87 42_0065 5 0780000192 0 0 0 0 N n. u C C c r • N h O p 0 0 0 n Current Housing Conditions in Tukwila w Puget Sound Regional Council estimates that Tukwila will need 4,800 new homes by 2031 and 5,568 new homes by 2035. w Per the TCP more and more households in Tukwila are struggling to meet their housing costs. w Almost half of city residents are burdened by housing costs, paying more than 30% of their income for housing. w Less than half of the housing units in Tukwila are apartments, but almost 60% of the housing units in the City are renter -occupied. w Per the TCP the current range of housing options does not accommodate residents in all stages of life, including older adults hoping to "age in place" and older adults looking to downsize. Vintage at Tukwila Senior Living Community im Proposed 4 -story Senior housing development Approximately 247 units Above Grade Parking Common Courtyard w/ Community Garden Fitness Facilities Large interior Community Room Food Service Van Service to reduce Traffic Public Sewer infrastructure improvements Public Sidewalk & Roadway improvements Intersection signalization improvements VINTAGE ti HOUSING I1 ART I N L KING J R WAY SOUTH • .AR9tlff IIWZRAVa 1T# 1 • z r How is the proposed zoning change consistent with the goal objectives and policies of the Tukwila Comprehensive Plan ? TCP Goal 3.1 The City of Tukwila provides the City's fair share of regional housing w Provide sufficient zoned housing potential to accommodate to meet the regional growth target of 5,568 new homes by 2035 w Consider flexible zoning standards to promote housing options that meet current and future needs TCP Goal 3.2 The City of Tukwila has safe, healthy and affordable homes for all residents in Tukwila w Provide zoning that allows a variety of housing through the city to allow for diverse, equitable neighborhoods. w Encourage a full range of housing opportunities for all population segments... through actions including, but not limited to , revising the Tukwila's zoning map and development codes as appropriate. w Partner with for-profit developers to construct and maintain permanent affordable housing and support services TCP Goal 3.5 The City of Tukwila includes a full range of housing for persons in all stages of life and for all members of our community m Designating and zoning these vacant lands to HDR would provide significant opportunity to add to the senior housing stock in the City. The City has deemed the housing stock for the aging population to be inadequate. How is the proposed amendment to the Zoning Map consistent with the scope and purpose of TMC Title 18, "Zoning Code" and the description and purpose of the zone classifications applied for. CO W LDR Zoning w Intended to provide low-density family residential areas Intended to provide a full range of urban infrastructure services in or to maintain stable residential neighborhoods. Primarily characterized by detached single family residential structures. HDR Zoning w Allows up to 22 dwelling units per net acre. w Senior housing is allowed up to 60 dwelling units per acre subject to additional restrictions. w Intended to provide high-density, multiple family district which is also compatible with commercial and office areas (CLI to the North). This Project im The parcels subject to this proposal are large and remain undeveloped. Such that re -designation to HDR will render them capable of supporting more housing units than LDR. w Project is for senior housing which allows a greater density and helps advance Housing Policies 3.1.1 and 3.2.1 (Provide zoning that allows for a variety of housing and to accommodate the regional growth target of 4,800 units by 2031) The site constraints are challenging to overcome and would not adequately support LDR development to the maximum density. Would provide a buffer in-between the single family residences to the east and north east and the highway to the west. Existing public infrastructure is lacking; Public infrastructure upgrades (sewer, Road improvements) would not be economically feasible for an LDR development Are there changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map? Aging population, rise of housing cost and increase in homelessness m Aging population Per the 2010 Census King County was population was made up of 12.3% seniors (65 and over). King County projects that the County's elder population comprise nearly 25% of the population by 2025 King county population growth increased 11.52% from 2010 to 2017 w The median list price fro homes in King County have increased substantially from $350,000 in 2015 to $575,000 in 2017. m The median sale price has increased over 15% in the past year for all homes. m At the beginning of 2012 the average rental list price for homes was $1,500 a month. In early 2018 it is estimate to be $2,400 a month. m Approximately 50% of the homeless population is over the age of 50. m The highest percent of households with older adults at or below 200% of the federal poverty line are in South King County (27%). How is the proposed amendment to the zoning map in the interested of furtherance f 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? m The area would receive upgrades to the existing wastewater transmission system to serve areas that were previously not served. m The city right of way would receive improvements on S 109th street and 47th Ave S. Improvement would include sidewalk, curb & gutter, roadway and landscaping. m Transportation improvement would be provided including re-channelization of S. Ryan Way to the North. w The re -designation would allow for affordable senior housing. The cities comprehensive plan recognizes the need for housing stock beyond single- family as well as the need for affordable housing. m Creates a land use designation that would provide a residential buffer to the nearby highway for the existing low density residential housing to the east. m The density proposed is high and the site is compact. This would help avoid the sprawl of low density development. m Stimulate private economic development within the City, add to the city tax base. Sources m WSU Center for Applied Research & Extension "Moving Toward Age -Friendly Housing in King County" (January 2018) w City of Tukwila "City of Tukwila Comprehensive Land Use Plan" (2015) OMR IMILifikall IF 11