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HomeMy WebLinkAboutReg 2019-05-06 Item 5A - Quasi-Judicial Hearing - Amendment to Comprehensive Plan and Zoning Maps Designation from Low Density Residential to Commercial-Light Industrial for King County Metro (12677 East Marginal Way South)COUNCIL AG ENDA SYNOPSIS Meeting Date 05/06/19 Prepared b Mayor' review Counexl review ITEM INFORMATION TEM No. 5.A. & 6.A. S'1' lI I S1'C?NSC R: MAX BAKER OR IC INI. A(;I,NI) \ D.'1`rl-: 05/06/19 AC,IsNI311 iI I? I TI'1"LL A Comprehensive (LDR) Way to Commercial/Light S. Plan and Zoning Industrial map change (C/LI) request from for the property Low Density at 12677 E Residential Marginal Discwssion /1 Motion g Dale 05/06/19 • Resolution 11 Ordinance ❑ Bid Ata and illigDate /1 Public Hearing E ether A1tg Date Mtg Date Al i11t Date Mtg Date 05/06/19 Mtg Date 05/06/19 SPONSOR ❑Council ay or ❑Fire ❑T.S ❑Pe "R LPolice ❑PIS ❑i ourt ❑UR ►1 DCD Finame SPONsoR'S Tukwila may amend its Comprehensive Plan/Zoning map once per year. All of the SuMMARy applications received during the previous year are assembled and heard at the same meeting. The Applicant, King County Metro, seeks to rezone the western half of a 71,440 square foot split -zoned lot located at 12677 East Marginal Way S, Tukwila, WA 98168 (the "Property") from Low Density Residential (LDR) to Commercial Light Industrial (C/LI). The Council is being asked to consider and approve the ordinance. R1:1'II Is1> BY ill C.O.W. Ivltg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm, E Planning Comm. DATE: N/A COMMITTEE CI -LAIR: RECOMMENDATIONS: SPONSOR/AD,IIIN. CoM\II1 Department of Community Development I I k Quasi -Judicial Item, no Committee COST IMPACT / FUND SOURCE I \PI,;NDI"I'L1RIa. RE`UIKt D AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/06/19 City Council Regular Meeting MTG. DATE ATTACHMENTS 05/06/19 Staff Report to City Council dated 4/30/2019 with Attachments Ordinance in Draft Form 43 44 Department mfCommunity Development -JackPace,Director Hearing Date: STAFF REPORT TOTHE CITY COUNCIL May 6,Z0I9 Mailed toproperties and residents within SOO'radius Site Posted: 1/23/2O19and 4/2/2O19 Notice published in the Seattle Times Adtan Mayor' - File Numbers: E18-0016SEPA L18-0114 Comprehensive Plan Amendment and Rezone Applicant: Project Name: Request: King County Metro King County Metro Training Facility Rezone Change Comprehensive Plan and zoning designation ofwest half ofparcel 7245600766from Low Density Residential toCommercial/Light Industrial Location: 12677 EAST MARGINAL WAY S (Tax Parcel # 7345600766) ConnprehensiveP|an/ Zoning Designation: Split Zoning: Low Density Residential (LDR)onwestern half, Commercial/Light Industrial oneastern half SEPADeternninatimm: Determination ofNon-Significance issued April 2],2O19 Staff: Max Baker Attachments: A. Site map with project propnsa|p|ans storm drainage infrastructure, and stream/buffer delineations B. Applicant's response toDecision Criteria Tukwila City Hall ~6200 Southcenter Boulevard ^Tukwila, WA 98188^206-433-1800^Website: TukwilaWA.gov ' FINDINGS Background This application is part ofthe 2018-2019annual docket for amendment mfthe Comprehensive Plan (the °p|an"�).The purpose ofaoannual docket isto ensure that changes tothe K3ty' Plan are only considered once a year and that they are considered collectively for impact to the Plan. The Applicant, King County Metro, seeks to rezone the western half of a 71,440 square foot split- zonedlot|ocatedatI3677EastK4arQina|VVaySLTukVVi|a,\mAg0168(the"Propertv")fron1Loyy Density Residential (LDR)toCommercial Light Industrial (CL|),with corresponding Comprehensive Plan and zoning map amendments, The Property was developed in 1975 with a warehouse and offices. The Applicant is seeking the Comprehensive Plan amendment and rezone for the following reasons: 1. The parcel is split -zoned: the eastern portion fronting on E Marginal Way 5 is zoned Commercial/Light Industrial (C/LI) and the western portion is zoned Low Density Residential /LDR\.The Property isideal for Metro's intended future use, but the split -zoned condition creates uncertainty about how the Site could be developed to meet Metro's needs. 2. The current use of the Property since at least 1975 has been light industrial, specifically a truck terminal use with accessory warehouse and parking. Truck terminal use is nonconforming to the existing LDR zoning, but conforming to the C/Ll zoning. Rezoning would remove confusion around applicability ofzoning tothe Property and its nonconforming status, encouraging future redevelopment conforming toexisting regulations. 3. Rezoning the Property will strengthen the boundary between the LDR zone to the west and C/Ll zone along EMarginal Way S. This non -project proposa|isaqu 'judida|changetothe|andusedesignatkonontheTukvvUa Comprehensive Plan and Zoning Code maps. If the rezone is approved, any C/Ll use would be permitted subject to all City regulations. The Applicant has stated the intention to construct new small- scale office buildings and an associated bus maintenance training bay. A neighborhoodscale Comprehensive Plan and Zoning Map depicting theP'oper�/|sbekzxv The map shows existing CmrnprehensivePlan and Zoning designations xViththe PPgpertyoutlined inturquoise. Existing LDRzoning isyellow, and existing CL|zoning islight purple. 46 2 444,4y44,44,4,,,A+4, '1‘'‘'414,14 • 100,4* kW. Figure 1- Comprehensive Plan and Zoning Map 441;4 .44 414iAmtktite4k4^ m • "414044•4 44,14 ,4A - 4,14-11 Site Information The Property is developed with an office building and associated warehouse structure which has been used as a trucking facility since at least 1975. The Property measures about 200' feet wide by 350' feet long on average, and extends north to south, fronting on E Marginal Way S and S 128th St. 3 4 7 The east fork of Riverton Creek flows across the northwest corner of the Property through an underground pipe. The Property contains environmentally sensitive areas, including a Type 2 watercourse (Riverton Creek) and its 100-foot buffer as shown in green on the map below." Figure 2 — Relief map with Wetlands and Watercourses Annexation and ZoningHistory: The subject property was created in unincorporated King County as Riverton, a rep|at of portion of Riverside Interurban Tracts, on June 15, 2906. Lots 4and 10-35 ofBlock 9 of Riverton were acquired by a single owner and a trucking operation was established on the property. The Becker Family owned the property at the time it was developed with the current service garage, distribution warehouse, loading dock, and related improvements in 1975. The Property was annexed into Tukwila in 1989 as part of the Riverton Annexation. Ordinance no. 1479amended the Comprehensive Land Use Policy Plan Map and applied the Heavy Industry designation to Lots 1-4 and 22-25ofBlock 9. Lots 18-31vvere designated Low Density Residential. In 1995 the City adopted the 1995 Comprehensive Land Use Plan and Map for the City of Tukwila and new zoning map. Lots 18-25 appear to have been consolidated between the Riverton Annexation in 1989 and the zoning map adoption in 1995. The lot consolidation did not affect the zoning boundary, resulting in a split -zoned lot. The zoning boundary was not changed in 1995 and the property remains split -zoned today. The existing trucking operation is nonconforming to the LDR use requirements in Table 18-6,TIVIC 18.09, and TIVIC 18.10.020. 4 48 VlCinity|nfOrn1aUon The Property is close to SR 599 freeway access. Land Use The land uses around the Property reflect the zoning. The property immediately west is developed with a single family home. Across S 128th St. to the south isTukwila School District's bus parking lot and transportation building, zoned Neighborhood Commercial Center (NCC). Properties across E Marginal Way S to the southeast are also zoned NCC and are currently developed with single-family homes. Immediately tothe north of the Property isa r/L| property containing aformer single-family home that has been converted into a commercial structure. Additional single-family homes are located northwest of the Property on land that is zoned Low Density Residential (LDR). 7"K_4 WOWU � Figure 3 - Land Use Map Existing Regulations Current Conditions The Property was annexed into the City of Tukwila on April 15, 1989, as part of Ordinance No. 1508. A zoning map included with this ordinance confirmed the zoning classifications applied in Ordinance No. 1480 (Effective Date October 18, 1988) for the subject property. The Property was originally composed of multiple lots containing "R-1: Single Family Residence 7200" and "C-M: Industrial Park" zoning designations. |n19q5,the City adopted anew Comprehensive Land Use Plan, Zoning Code, and Zoning Map. This new zoning code amended the number and names ofzoning districts inthe city: R'1became LDRand C-M became C/Ll. Between 1989 and 1995, the lots composing the Property appear to have been consolidated. However, the zoning boundary was not changed as part of either the lot consolidation or the 1995 Comprehensive Plan adoption, and the Property remains split -zoned today. The existing trucking operation is nonconforming on the LOR-portion of the Property pursuant to the use provisions in Table IG'G^TKHClO]]9,and TIVIC 2G.lO,O2O.The trucking operation was in active, continual operation prior tothe lot consolidation and annexation into the City ofTukwila. TN4[ 18.70a||om/s legally established nonconforming uses to continue and sets forth limitations on any expansion of nonconforming uses. Public Comments Notice was sent to property owners and tenants within 500' of the Property and agencies with jurisdiction. A Type 5 public meeting was held on April 23, 2019, and three nearby property owners attended. One residential property owner requested that a greater noise and visual buffer be provided on the west side ofthe property, tolimit hours ofoperations toreasonable hours, toreduce the amount of visual impairment at the southeast corner of the lot for drivers pulling on to E Marginal\Nay5,andto limit street parking to 5 hours day. Two residential property owners expressed concern via email about the past contamination of the Property and potential impacts to the stream, as well the need for vegetated buffering around the site especially along the western portion adjacent to neighboring homes. They also expressed a desire to see the stream improved for fish habitat. Comprehensive Plan and Zoning Map Amendment Criteria The Applicant's response to the decision criteria is attached as Attachment B. 1' The proposed amendment to the [Comprehensive Plan and] zoning map is consistent with the goals, objectives, and policies 'ofthe Comprehensive Plan Four broad -reaching objectives are the basis for the elements, goals and policies for Tukxv|a's Comprehensive Plan. The Comprehensive Ptan'sprimary objective ispreserving and enhancing Tukvvi|a'sneighbnrhoods. The Community Image and identity Element has the following goal: �� � ��cmmnnnmn�ymfinwi�ngn vi brant districts. (Goal �.-, The policies then speak about recognizable boundaries. Strengthen the image and character of 's distinct areas and neighborhoods Applicant Response: The subject property takes primary accessfrom E MarginalWay S and ispart ofanode »f{}L/and NeighborhoodCommercial /N[Qzoning ' along this arterial that is not one lot deep (except on the subject parcel). Rezoning the west side of 50 the subject property to be consistent with this district will strengthen the image and character of the node by clarifying the uses allowed on the site, creating a consistent expectation about development on the property, and establishing clear definition between the residential neighborhood to the west and the commercial/light industrial uses along E Marginal Way S. Staff Response: The Zoning District boundary is not clearly identifiable in the neighborhood. The Property is split -zoned, leading to a lack of clarity in the use and development. Rezoning the Property would help create a consistent expectation about land use on the lot and will clearly define the residential neighborhood as distinct from the commercial and industrial uses along E Marginal Way S. The Natural Environment Element has the following goals: The City's air, land, and water resources are restored and protected for future generations. (Goal 4.1) Goal 4.4 Water resources that function as a healthy, integrated system; provide a long-term public benefit from enhanced environmental quality; and have the potential to reduce public infrastructure costs. Watercourses and their buffers, ...., are protected from encroachment and degradation and improved through mitigation, enhancement, and restoration projects. (Goal 4.6) Applicant Response: The proposed rezone will clarify applicable use requirements and position the property for redevelopment, which presents and opportunity to implement forward -thinking development techniques such as Low Impact Development (LID) and environmental enhancement and remediation (if necessary) consistent with this goal. The City has adopted a Critical Areas Ordinance in TMC Chapter 18.45 "Environmentally Sensitive Areas." The purpose of this chapter is to protect the environment, human life, and property; identify and classify ecologically sensitive areas; and protect these areas and their functions while allowing for reasonable use of public and private property. New development on the subject parcel is require to comply with applicable critical areas requirements to minimize development impacts using best available science. The east fork of Riverton Creek flows across the northwest corner of the property through and underground pipe, and redevelopment of the property presents an opportunity to address this sensitive area. The subject property has already had some environmental remediation and cleanup related to its historic use as a trucking facility. Contamination from leaking underground storage tanks was addressed in 1999, and periodic review by the Department of Ecology confirms that the remedial actions continue to eliminate exposure to contaminated soils by ingestion and contact. Work was performed under the Model Toxics Control Act and the Voluntary Cleanup Program (codified in Chapter 173-340 WAC). A restrictive covenant is recorded on the property documenting the contamination and cleanup work 7 51 and prohibiting work that could disturb contaminated soils without review and approval by the Department of Ecology. Future work onthe property /srequired tocoordinate with Department of Ecology and address the restrictive covenant on the property. Substantial disturbance of the property could result in expanded cleanup efforts to eliminate contamination. Staff Response: Redevelopment of the Property as a commercial or light industrial use would require anydeve|oprnent/us2 to belocated outside of the stream buffer areas. The existing condition of a truck parking area built over the watercourse would be improved if the parking area is removed and the western portion of the Property restored asanatural area for the watercourse. The City has adopted a Critical Areas Ordinance in TIVIC Chapter 18.45, "Environmentally Sensitive Areas." New development on the Property is required to comply with applicable critical areas requirements to minimize development impacts using best available science. The east fork of Riverton Creek flows across the northwest corner of the property through an underground pipe (see Figure 4), and redevelopment of the property presents an opportunity to upgrade this sensitive area. TIVIC 18.45.110.B.5.g requires that "On properties being developed or re -developed, or when stream crossings in public or private rights -of -way are being replaced, existing culverts that carry fish -bearing watercourses or those that could bear fish (based on the criteria in VVAC 223-16'031,VVashing1on Forest Practices Rules and Regulations), shall be upgraded to meet the standards in the WDFW manual "Design of Road Culverts for Fish Passage" (2003orasupdated) iftechnically feas|b|e." If claylighting or upgrading of the stream is proven to be technically infeasible, the western portions of the Property located within the stream buffer area could be planted with native plants that improves the original condition in species diversity and density, and all existing durable surfaces within the stream buffer could beremoved toprotect the Creek and its buffer. The rezone proposal provides an opportunity to improve the existing stream and buffer from its current condition which complies with the City's comprehensive plan goals. 8 52 '4640106131),,,„„7,,,,yogei IVIAMM:ra.„ #110160 Figure 4 — Sensitive Areas Map. Type II stream in pipe flows through northwest corner of site; 100' buffers begin from where stream is not in pipe. A relevant Economic Development Element policy is: Promote and preserve economic use of industrial lands outside the MIC through appropriate buffering requirements and use restrictions. (Economic Development Policy 2.1.1E) Applicant Response: The Subject Site is located just south of the MIC boundary, along E Marginal Way S, and has been in continual use as a commercial/light industrial property since prior to annexation in 1989. The proposed rezone supports this policy by preserving the existing C/LI zoning and expanding it slightly to be consistent with the existing parcel boundary and other similar properties. Additionally, the proposed rezone will eliminate a confusing split -zoning condition, ultimately clarifying how the Subject Site can be used and supporting future redevelopment of the property. The C/LI zone and the landscaping requirements in Table A of TMC 18.52.939 establish appropriate buffering requirements and use restrictions to ensure that commercial and light industrial development is compatible with nearby residential uses. In addition, the requirement for a stream buffer also provides a natural division between the two types of uses. Staff Response: City staff concurs with the applicant's response; increased setback and screening requirements are set forth for C/LI properties located adjacent to any residential property including those zoned LDR. Additionally, the property has been in continuous use as a truck terminal since before annexation into the City of Tukwila, and this proposal will work to preserve a historically industrial land while enhancing the buffers for surrounding properties. Overall, this proposal is consistent with the goals, policies and objectives of the Comprehensive Plan. 9 53 2. The proposed amendment hmthe Zoning Map [sconsistent with the scope and purpose ofthis title (the Zoning Code) and the description and purpose of the zone classification applied for. Pursuant to TIVIC1D.]O.0]0,the C/Udistrict "is intended toprovide for areas characterized bya mix of commercial, office, orlight industrial uses. The standards are intendedto promote viable andattrac±kxeconnrnerda|andindustria|areos."TheproperdesaroundtheintersecdonofE Marginal Way S and 5 128th St are a mix of commercial and industrial uses consistent with the purpose of the C/Ll zone, including the Property which is used as a trucking facility. The Property is also similar in character to commercially and industrially zoned property in the immediate vicinity. Properties mithfrontagealongEN4argina|VVayStendt0bezonedanduSed as commercial and industrial businesses. Uses transition from much more intense industrial activities with large warehouses and significant vehicular traffic in the north to lighter industrial and commercial uses further south. EMarginal Way Sbahigh-volume 'arterial with excellent connectivity to local and regional transportation networks. Along E Marginal Way S,the [/L| zoning serves as a logical transition between the Manufacturing Industrial Center (MIC) to the north and the Neighborhood Commercial Center (NCC)zoning tothe south. The Property has been in continual operation as a trucking facility since prior to its annexation into the City of Tukwila. A trucking facility is nonconforming on the LDR-portion of the site. TIVIC 18.70 allows legally established nonconforming uses to continue and sets forth limitations on any expansion ofnonconforming uses. The proposed rezone would bring the nonconforming portion of the trucking facility (that portion located in the LDR zone) into conformance with zoning code. There are changed conditions since the previous zoning became effective tmwarrant the proposed amendment to the Zoning (and Comprehensive Plan) Map The Property was annexed into the City ofTukwila inl989and was originally composedof multiple lots containing "R-1: Single Family Residence 7200" and "C-M: Industrial Park" zoning designations. Since then, the number and names of the zoning districts in the City were subsequently amended, and the lots composing the Property appear to have been consolidated. However, the zoning boundary was not changed as part ofeither the lot consolidation or the 1995 Comprehensive Plan adoption, and the property remains split -zoned today. In the area near the subject property, single-family homes are mainly located away from E Marginal Way Stothe west and tothe east. EMarginal VVayS|s|argeh/connposedQf commercial and industrial uses stretching from SR-599 to north down to the intersection of E Marginal Way 5 and 40th Ave S to the south. Since the 1995 Comprehensive Plan adoption the surrounding area has seen a marked increase in commercial and light industrial development. Parcel 7345600675 immediately north of the Property contains a former single-family home in the C/Ll district that was converted to office use in 2008. Parcel 2384200010 across S 128th St to 10 54 the south was developed in 2017 with a small office structure for Tukwila School District's bus drivers and general faculty. Parcel 734OGUO774further south was developed as a mixed -use apartment building with ground floor retail in 2008. To the north on parcel 7340600480 a former Group Health office building is currently being replaced with King County Metro's South Interim Bus Base which will contain offices, a bus maintenance garage, and parking for approximately lOOcoaches. Wem OW Figure5:Commercial/industrial parcels with developments since1995. ;*404-am The proposed Comprehensive Plan Amendment to reclassify the entire parcel as Commercial Light Industrial will eliminate split -zone condition, bring a legally established non -conforming use into conformance with the Tukwila Municipal Code, and establish zoning more consistent with the conditions along EMarginal Way S. 4. The proposed amendment to the (Comprehensive Plan and) Zoning Map will be in the interest mffurtherance mfthe public health, safety, comfort, convenience, and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located. Environmental rennediotionhas been completed onthe Property and any land -disturbing activities are required to be coordinated with Department of Ecology to ensure any remaining 11 55 contamination is appropriately remediated. A restrictive covenant has been recorded on the property to limit activities on the site to protect the environment and the public health, safety, and welfare. |naddition and asdiscussed above, upgrades tothe Riverton Creek and related mitigation would improve the natural area and improve the buffer between adjacent Low Density Residential properties to the north and west over the existing site conditions in the interest of general health, safety and welfare ofthe public. Development requirementsset forth inTIVIC Chapter 18.3C\"[omnnerdal/LghtIndustrial /r/LA District," establish appropriate buffers, increase setbacks compared to those required under the LDR zone, and require landscaping screening to separate the C/Ll uses from residential development. Such requirements would further the public health, safety, comfort, convenience and general welfare of the surrounding neighborhoods. The request would extend the boundary line for the C/Ll district to the western property boundary, Below is a table comparing the setback and height requirements for the two zones: Setbacks Front 20' 25' Second front 10, 15' Sides 111 floor 5' 15' 2nd floor 5' ZU' 3rd floor 5' 30' Rear 10, 15-30' Height 30' 46' Standards in the C/Ll zone are in place to minimize impact and any nuisance. No on -site hazardous substance processing, handing, or storage is allowed unless clearly incidental to the permitted use and is subject to state siting criteria. Performance standards are also jneffect in the CL|for air quality, noise and SEPAcompliance. U' CONCLUSIONS 1) Consistency with Comprehensive Plan � The proposed rezone is consistent with the Comprehensive Plan objectives, goals and policies which acknowledge the need to maintain and support commercial/industrial lands outside of the Manufacturing industrial Center in a way that reduces impacts on adjacent properties and/or residential neighborhoods. 2\ Consistency with Zone � The requested map change to C/Ll for the entire parcel would remove a split -zone property from the City zoning map. 12 56 w The amendment would terminate at partially -nonconforming land use on the Property that has been operating in the neighborhood since before annexation into the City of Tukwila. • Specific redevelopment plans will undergo environmental, design review and building permit review. 3) Changed conditions � The property has been split -zoned since at least 1995. Since that time properties along E Marginal Way S have been developed with a combination of commercial and light industrial uses, including but not limited the King County Metro South Interim Bus Base. The amendment will eliminate a split -zone condition, bring a legally established non -conforming use into conformance with standards for the Commercial/Light Industrial district in the Tukwila Municipal Code, and establish zoning more consistent with the conditions along E Marginal Way 5. 4) Benefit tocommunity � The community will benefit through redevelopment ofthe site that will conform with development regulations set forth in the Tukwila Municipal Code, including but not limited tolandscaping, setbacks, enhanced buffers from residential areas, and asignificantly improved environment for the Type 2 stream that runs adjacent to and through the western portion ofthe Property. Ill. 0ECO&HK4EyA0ATNOKJ Staff recommends approving the rezone request to change the existing Low Density Residential (LDR) zoning to Commercial/Light Industrial (C/Ll), with corresponding Comprehensive Plan and Zoning map amendments, subject to the following conditions: 1. Within six years of the effective date of this ordinance, property owner shall implement a City approved plan to daylight (or, if daylighting is not feasible, to upgrade the stream culvert for) the Type 11 stream located within a pipe on the western half of the property. The plan shall meet the standards in the yVDFVV manual "Design of Road Culverts for Fish Passage" (2003 or as updated).|fday|ightingorupgrading ofthe stream culvert isproven 'tobutechnically infeasible, the western portions of the Property located within the stream buffer area shall be planted with native plants that improves upon the original condition as part of a planting plan to be approved by the City. Additionally, the property owner shall remove all existing impervious surfaces located within the stream buffer within the three-year time frame. 2. Within 180 days of the passage of this ordinance, the applicant shall record against the site a covenantor other document, approved by the City, requiring compliance with Condition l. 3 Failure to comply with Conditions l and 3 shall cause the change to the Zoning Map to be null and void, the subject property shall revert to the zoning immediately preceding passage of this ordinance, and any non -conforming use shall cease to exist and any subsequent use shall conform tothe regulations specified hythe Tukwila Municipal Code for the district ihwhich such use islocated. 13 57 58 N.:Mi ar' N;uno-) 6w) 1'd4J � IVfld3ONO3 ).v.MM N )Q!VVq 1 LL9Z ! +VICJN` kLI3V d !-LLflO •Y.1MY ',Wak.:4 1 is 59 60 ; S.25 SIDE SETBACK w. ';• . , , • tt. . / tr- cry' ss 4 ... ' " I . / PERIMETER FENCE NNI •••SEORM DRAIN .• BASEMENT ; l':17L7;"1.7.0217.2.2-7.afa FF . INI1REHOBBE 15' TEEAM SETBACK 100 •Zr) STIREAM SUFFER s .FAAN: A 171, : LE OF PUT FRONT SETBACK 0:1‘ TRAINING BAY OFFICE SPACE 20-FRONT SETBACK WAY 9, JIAL epylutfry iT \--PARCEL LINE OCT.I.E.:".- TO .' SC-I3N-CP- 11-% 62 Exh'bifF: Project and Decision Criter'a0Wa Rezone.�'� \,�rn�� N/�o� OfP�n��//Vo 734�d0O780hDrDLDRb7[Yl/ "^~ .� Summary ofRequest King County Metro Transit (Metro) requests amendment of the City of Tukwila Comprehensive Plan & Zoning Map to change the comprehensive plan and zoning designations of a portion of parcel no. 7345600766 from Low Density Residential (LDR) to Commercial/Light Industrial /C/LU consistent with the zoning on the eastern portion nfthe site. AoonfigVoun parcel owned by the same property owner (no. 7345600685) and used as part of the development on parcel no. 73450DO76Oi5already zoned C/L|and ianot included inthis request. Summary ofthe Reason for the Request As part of its long-range plans for growth of transit service in the region, Metro needs to purchase additional property for indoor mechanical training activities and construction offices. For that purpose, Metro is seeking to purchase property at 12677 E Marginal Way S (parcel no. 7345OOO7Oh)and 12O33EMarginal Way 8(parcel no. 734560O0O5)from Blue Nile Holdings, LLC (see Figure 1\. Parcel no, 7345600766. subject of request .` ^ �.Lim ����} Figure 1:Becker Transfer properties outlined in red. Source: King County Map. Parcel no, 7345000685. excluded from request The smaller parcel iazoned Commercial Light Industrial (C/L|). The larger parcel iaap|it-ZoDed; the eastern portion fronting on E Marginal Way S is zoned C/Ll and the western portion is zoned Low Density Residential /LDFU.The site iaideal for Metro's intended future use ofthe site, but the split -zoned condition creates uncertainty about how the site could be developed to meet Metro's needs. Metro is pursuing the rezone to rectify this uncertainty for immediate short-term use and potential redevelopment. Metro understands that approval of rezones is considered within the Page I of 15 t 63 Rezone West Portion of Parcel No. 7345600760from LDR to CILI Exhibit �Project and Decision Criteria Narrative larger planning context and must beconsistent with the vision for Tukwila, and for the surrounding neighborhoods. Metro believes that the rezone is consistent with the vision and character for this area, and that in the long term will provide opportunities for enhancement of the boundary between the residential and commercial areas. The use ofthe site since otleast 1g75has been light industho. specificallyetruck terminal use with accessory warehouse and parking. Truck terminal use is nonconforming to the existing LDR zoning and conforming to the existing C/Ll zoning (see Figure 2). Parcel nu73458On685. excluded from request Parcel no. 7345OO87OS. subject of request Figure 2: EvoerptofCity of Tukwila & Zoning -' Map, subject in red. Purple zoning is CILI, yellow zoning is LDR. Split -zoning is discouraged by the City of Tukwila's Comprehensive Plan and tends to create uncertainty for future development or redevelopment. A history of the land use and zoning on the property is included in this application. Rezoning the property will strengthen theboundary between the LOR zone to the westand C/L zone along E Marginal Way S. It will provide certainty for Metro by ensuring that the office uses can continue and that the site can be developed efficiently for those uses, To the extent that rezoning will remove confusion around applicability of zoning to the site and its nonconforming status, future redevelopment would be encouraged and that would offer opportunities to make the site development more conforming to existing regulations- K8etrm'sIntended Use ofthe Site and aConceptual Plan |fthe rezone inapproved, Metro's current thoughts for use ofthe site are for office and indoor training activities that currently occur on the nearby South Base facilities. Metro has provided G drawing of what a potential layout for office and training use could look like (see Exhibit|). but in not seeking any review VFapproval ofthat layout atthis time, Before Metro can realistically create aplan for specific uses that addresses applicable development standards, the rezone would need to be approved. Any future changes to the site to allow redevelopment would be subject to review bythe City ofTukwila through Design Review because of the proximity tothe LDR zone. At the time of a proposed redevelopment of the site, Metro would work with the City of Tukwila to ensure compliance with site development standards. Site Description The moed collectively identified inthe King County Assessor's records oe"Beckor Transfer." Parcel no. 73456OO7GG|sapproximately 1,64acres /71/44Osquare feet) insize, Parcel no. 7345OQQG85iSapproximately 0.20acres (11.49Osquare feet) insize. Parcel no. 7345600786|s sp|it-zoned:the eastern portion fronting onEMarginal Way Siezoned C0mmercia|/Light|ndustria| (C/LU, and the western portion is zoned Low Density Residential (LOR). Parcel no. 7345000685is zoned C/L|. Refer to Figure 2, Page 2 of 15 64 Rezone West Portion of Parcel No. 7345600766 from LDRtoQLI Exhibit F.-Project and Decision Criteria Narrative The parcels are used asasingle property that serves aathe base ofoperations for Blue Nile Trucking, LLC- The site ioaccessed hyone driveway onEMarginal Way 8and two driveways onS128mStreet. Permanent structures include aservice garage,distribution warehouse, loading dock, and fuel pump built in 1975; the remainder of the parcels are paved and/or grave/ed. Vehicles and trailers ofvarying sizes are stored along the north and west property lines. Surrounding land uses include a mix of single-family residential, commercial, and The east branch of Riverton Creek is present in the vicinity ofand Othe property.lhe creek flows through an open ditch and onto the northwest corner of the property for approximately 25 feet before entering an underground pipe. The creek flows through approximately 195 feet of underground pipe and daylights into another open ditch (see Exhibit G). The existing stream and buffer are significantly degraded due to undergrounding and surrounding development.. Request Requests for changes inzoning are made pursuant tnChapter 1ti84TK8[. Granting orezone and accompanying Comprehensive Plan map change is allowed when consistency with the following criteria can be demonstrated: t The proposed amendment tothe Zoning Map isconsistent with the goals, objectives, and policies ofthe Comprehensive Plan. The d amendmenticonsistent yiththe applicable goals, objectives, and policies of the City's Comprehensive Plan. The proposed change from LDR to C/Ll will clarify the boundary between the two zones 8tthe subject location; facilitate future redevelopment consistent with the character of Marginal Way G; and eliminate a nonconformity. ConnnunitYImage and Identity Element The Community Image and Identity element of the Comprehensive Plan establishes a framework hzcelebrate the City's history and environment, build ondiversity, foster civic engagement, and accommodate growth that furthers the community's vision.' The proposed rezone will contribute to this framework by improving consistency of the property's designation with the following goals and policies: � Goal 1'1—A community of inviting neighborhoods and vibrant business districts. The subject property isaccessed from EMarginal Way 8and 8128thStreet. The parcel issituated ofthe boundary between commercial and industrial uses onEMarginal Way Gand residential uses further west and south inthe area. The property is split - zoned, leading to a lack of clarity in the use and development ofthe site. Rezoning the property will help create a consistent expectation about land use onthe lot 'and will clearly define the residential neighborhood as distinct from the commercial and industrial uses along EMarginal Way 8. The proposed rezone will expand the [/L|zoning boundary to be consistent with the property boundary and the current use ofthe property. The proposed rezone }snot expected toimpact the character ofthe residential area for several reasons. The residential neighborhood has grown up around this industrial use that has been in continual operation since at least 1975 (see response to criterion 2, below, for additional property history). Additionally, given that aportion ofthe property iealready zoned C/L|. `Tukwila Comprehensive Plan, Community Image and Identity Element, pago1� Page 3 of 15 65 Rezone West Portion of Parcel No. 7345600766 from LDR to CIV Exhibit F:froject and Decision Criteria Narrative the rezone will not invite new uses that are not already allowed adjacent to the residential neighborhood. Finally, the east branch 0fRiverton Creek, located along the west side of the subject property and approximately coincident with the proposed rezone, serves as a natural boundary or buffer between different land uses. The rezone will encourage the potential redevelopmentofthe site which may provide on opportunity to enhance the aesthetics of the site, clearly define the boundary to adjacent land uses, and provide capital investment into the neighborhood. ° Policy 1.1.2— Strengthen image and character of7ukwila's distinct areas and neighborhoods. The subject property takes primary access from E Marginal Way S and is part of a node of C/Ll and Neighborhood Commercial (NCC) zoning along this arterial that is one lot deep (except oDthe subject parcel) (see Figure 3). Rezoning the west side ofthe subject property to be consistent with this district will strengthen the image and character of the node by clarifying the uses allowed on the site, creating a consistent expectation about development on the property, and establishing clear definition between the residential neighborhood tmthe west and the commercial/light industrial uses along E Marginal Way 8. OIC/L \ \ Figure 3- Excerpt of City of Tukwila Comprehensive Plan &Zoning Map, subject properties outlined in red. Economic l)gve/oon/eDtElement The overall goal of the Economic Development element is to enhance the economic well- beingoftheoonlDlunity,indUdinQetinnu/atiDgecononniuinnprowsnnentfVriDdividu8| businesses and the community. The proposed rezone inconsistent with this purpose and addresses the following goals and policies: ~ Goal 2.Y—Tukwila has astrong role as regionalbmsiness and employment center which allows itƒoenhance and promote#\ community's well-being. The proposed rezone is supportive of the continued business use of the subject property (aOd, as described above. is not detrimental tothe residential neighborhood tothe wmnt). Page 4of 15 66 Rezone West Portion ofParcel No. 7345600766 from LDR toCIL/ Exhibit F:Project and Decision Criteria Narrative The rezone will eliminate a confusing split -zoning condition, which will clarify how the property can beused and support future redevelopment cfthe site aeacommercial/light industrial property similar to other uses cdm1g E Marginal Way G' This contributes to TukVv|a'okn8ye as aregional business center. The proposal h;consistent with policies intended to implement this goal, as described below. �Policy �1.10—Promote and preserve economic use ofindustrial lands outside the Manufacturing Industrial Center /MICzthrough appropriate buffering requirements and use restrictions. Thesubject property is located just south of the MIC boundary, along E Marginal Way S, and has been in continual use as a commercial/light industrial property since before the neighborhood was annexed in198S. The proposed rezone supports this policy by preserving the existing C/Ll zoning and expanding it slightly to be consistent with the existing parcel boundary and other similar properties. Additionally, the proposed rezone will eliminate aconfusing split -zoning condition, ultimately clarifying how the property can beused and supporting future redevelopment ofthe property. The C/Ll zone and the landscaping requirements in Table A of TMC 18.52.030 establish appropriate buffering requirements and use restrictions to ensure that commercial or light industrial development is compatible with nearby residential uses. Table /\in the code shows the standard buffer depths of 6 feet and 0 feet for side and rear yards, respectively, are increased to 15 feet, and the intensity of buffer plantings raised from Type 11 to Type III for new development within 50 feet of a residential zone. Design review is required for new development within 300feet of residential zone. These standards are protective ofresidential development and ensure commercial and light industrial development is compatible with surrounding land uses while also promoting viable and attractive commercial and industrial areas. In addition, the requirement for a stream buffer also provides a natural division between the two types ofuses. �Policy �1.17—Include standards in the development regulations for industrial uses that adequately mitigate potential adverse impacts onsuvrmmmmYng properties and public facilities and services. In addition to the use and buffering requirements described above, development |Othe C/L|zone iosubject to performance atandepda, including standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, amnhe, and airborne pollutants; noise standards adopted inTW1CChapter 8.22; and State and Federal standards for water quality and hazardous materials. Review under the State Environmental Policy AQt(GEPA) provides substantive authority to mitigate potential adverse environmental impacts. Natural Environment Element The Natural Environment element guides future development in a manner to protect the community's environment, improve quality of life within the City, and protect residents from natural hazards. The proposed rezone addresses the following goals and policies inthis ° Goal 4.Y—The City's air, land, and water resources are restored and protectedfor future generations and Policy 4\1.5— Develop and implementprograms that encourage Tukwila residents and businesses totake active measures Mmprotect Page 5 of 15 67 Rezone West Portion of Parcel No. 7345600766 from 0RtoQl/ Exhibit F:Project and Decision Criteria Narrative and enhance Tukwilm'smatural environment Such measures could include the use mfLow 'Impact Development(/D) techniques, natural strea/nbankrestoration, non -toxic lawn care, composting, and recycling,among others. The proposed rezone will clarify applicable use requirementsand position the property for redevelopment, which presents anopportunity tOimplement fnnwand'thinking development techniques mUoh as Low Impact Development and environmental enhancement and nemediation(if nenaaaary).consistent with this goal. The City has adopted mCritical Areas Ordinance inTMC Chooter18/45 "Environmentally Sensitive Areas," The purpose ofthis chapter |s toprotect the environment, human life, and property; identify and classify ecologically sensitive areas; and protect these areas and their functions while allowing for reasonable use of public and private property. New development onthe subject parcel /nrequired tocomply with applicable critical areas requirements to minimize development impacts using best available science. The east fork ofRiverton Creek flows across the northwest corner of the property through an underground pipe, and redevelopment of the property presents anopportunity toaddress this sensitive area. The subject property has already had some environmental remediationand cleanup related hoits historic use as/atrucking facility. Contamination from leaking underground storage tanks was addressed in 1999 and periodic review by the Department of Ecology confirms that the remedial actions continue to eliminate exposure to contaminated soils by ingestion and contact. Work was per -formed under the Model Toxics Control Act and the Voluntary Cleanup Program (codified in Chapter 173'34OVVAC). Areotrictive covenant is recorded on the property documenting the contamination and cleanup work and prohibiting work that could disturb contaminated soils without review and approval bythe Department nfEcology. Future work onthe property is required to coordinate with the Department ofEcology and address the restrictive covenant onthe Substantial disturbance of the property could result in expanded cleanup efforts to eliminate contamination. ° Goal 4.4 Water resources that function as a healthy, integrated system; provide along-term public benefit from enhanced environmental and have the potential bwreduce public infrastructure costs. The east fork Of'Riverton Creek flows across the northwest corner ofthe property primarily through 8nunderground pipe. Approximately 25feet ofthe creek flows through an open ditch before entering an underground pipe, where it travels for approximately 1S5feet before day/ightinginto another open ditch (see Exhibit G). Redevelopment encouraged by the proposed rezone would provide opportunities to address this water resource, including improving surface water quality and quanUty, restoring degraded buffer areas, and/or dmyUQhhngthe stream. All ofthese opportunities would improve the health of water resources at and downstream of the subject stream and provide public benefits. * Goal 4.6 — Watercourses and their buffers, wetlands and wetland buffers protected from encroachment and degradationand improved thr000h enhancement restoration projects. The east fork ofRiverton Creek has asignificantly degraded bufferondie|nw+ functiVniOgduatnbeingundergrOundedintheproparty'aNc|n|ty. Redevelopment Page Ooft5 68 Rezone West Portion ofParcel No. 73456O0766 fromL[R toCIL/ Exhibit F:Froject and Decision CritedaNanative encouraged bythe proposed rezone would provide anopportunity toimprove buffer and watercourse conditions. ° Policies 4.6.1through 4.6.4—Policies related to regulation nfland use and development, mitigationrequirements, and sensitive areas studies. The City nfTukwila has adopted ocomprehensive Critical Areas Ordinance C Chapter 18.45)toregulate development /nand adjacent tosensitive areas. The regulations ensure development is located and designed to achieve no net loss of sensitive areas functions through mitigation sequencing and compensatory mitigation. Redevelopment encouraged bVthe proposed rezone iarequired to comply with these regulations and provides an opportunity to improve conditions for the largely undergroundmdstnaarn. 7ukmila's wetlands, watercourses, fish and wildlife habitat areas and the GreenlDuwamish River is improved over time. The stream has a significantly degraded buffer and is low -functioning due to being undergrouncled at and in the property's vicinity. Redevelopment encouraged by the proposed rezone would provide an opportunity to improve buffer and watercourse �Policy 4.7.1— Improve surface water management and ensure provision of water quality treatment where required. Redevelopment encouraged by the proposed rezone would be required to conform to applicable stormwater and surface water management techniques and the King County Surface Water Design Manue/2OYO/2O1OKCGVVOM\adoptedbVtheCityofTukm||o. * Goal 4.8—Surface water generated by urban development does not exceed pre - development discharge rates The subject parcel js almost entirely covered with impervious surfaces. While the re- zone opp|icat|Onwi||notrnodifvthep8rceDt8ge ofimpervious surfaces onthe site, future redevelopment encouraged by the proposed rezone will be required to comply with development standards that will reduce the amount of impervious surface coverage and detain, treat, and discharge surface water. Residential /Ve4qhb do Element The Residential Neighborhoods e|enlentfocuoesoOn*|ghborhoodsustainabilitytu preserve and enhance the sense ofcommunity |neach residential neighborhood. The proposed rezone will occur adjacent toenexisting single-family residential neighborhood. Because the rezone would affect land currently zoned for single-family residential use, Goal 7.1 and Policy 7. 1.1 appear to be most applicable to the proposed rezone and are 'addressed below: ^ Goal 7.ƒ—Residential Land Use Pattern: A land use pattern that encourages strong sense mfcommunity by grouping compatible and mutuallysupportive uses and separating incompatible uses. The existing property is split -zoned, with the western portion zoned LDR and the eastern portion zoned C/L|. Since 5dleast 1S75,the property has been used for trucking operations, which is nonconforming to use requirements in the LDR zone. The split - zone ooOd!UQncreat8aoonfua|nnintheopp|icaUonofdeVe|opnnent[eqUin*nlentSand therefore does not tend to encourage a sense of community at that location. |nfact, it Page 7 of 15 69 Rezone West Portion ofParcel No. 7345600766 from LDR to CILI Exhibit F:Froject and Decision Criteria Narrative tends tDblur the boundary between the residential community and commercial operatinnn. Theproposed rezone will clarify the expectationfor the use and development of the property in the future, which will solidify the character of the neighborhood in the immediate vicinity of the rezone and exclude incompatible uses from the LDR'zone. The east branch ofRiverton Creek creates a natural boundary to define residential uses from the commercial and industrial uses fronting | E gaonQ Marginal Way G. ° Policy 7. 1.1 Maintain acomprehensive land use map that supports*h preservation and enhancement of single-family and stable multi-famfly neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries. The split -zone condition is confusing and does not provide a clear and recognizable boundary between land uses. The proposed rezone will establish a recognizable boundary and eliminate a confusing split -zone condition for the subject property, It will also make the boundary of the C/Ll node around the intersection of E Marginal Way S and S 128th Street consistent on this parcel by expanding the C/Ll zone to the property boundary. The rezone is likely to encourage redevelopment of the site and meet applicable development regulations which are designed to enhance the buffer between commercial and residential uses. 2. The proposed amendment tmthe Zoning Map hoconsistent with the scope and purpose of TMG Title 18, "Zoning Code," and the description and purpose of the zone classification applied for. The proposed rezone isbroadly consistent with the scope d purpose ofTitle 18TK0C, "Zoning Code." The zoning node implements the City'S Comprehensive Plan and. as discussed above, the proposed rezone is consistent with numerous goals and policies therein. More specifically, the proposed rezone is consistent with the description and purpose ofthe C/L|zone. Pursuant toTK8C18.3D.O18,the C/L|district "is intended to provide for areas characterized by a mix of commercial, office, or light industrial uses. The standards are intended topromote viable and attractive commercial and industrial aneae." The prope�iesaround the intersection ofE�WorQiOa/VVeyGand G128lhStreet are emix of primarily connmeroia/ond|nduat[io/uoescoOsistentYv|ththepurpoSeOftheC/LlzoOe. including the subject property which is used as e trucking facility. The subject property is similar in character tocommercially- and industrially -zoned property |Othe immediate vicinity (see Figure 4>. Properties with frontage along EMarginal VVayG tend tobezoned and used ascommercial and industrial businesses. Uses transition from much more intense industrial activities with large warehouses and significant vehicular traffic in the north to lighter industrial and commercial uses further south. EMarginal Way 8isohigh-volume @rteria|vvithexoellentmnnnectVitvho|oca|andre8iono} transportation atworks. Along EMarginal VVevB.theC/L zoning serves aaalogical transition between the Manufacturing Industrial Center C)and industrial zoning ( to the north and the neighborhood commercial .zoning (NC[) tOthe south (see Figure 3.Gbove). Page 8ofY5 70 Rezone West Portion ofParcel No. 734560766 from 0Rto CILI Exhibit F:projoct and Decision Criteria Narrative Figure 4:Vicinity map, subject property outlined in red. Source: King County Map. U]Rzoning ienot appropriate for the subject site, The purpose ofthe LDRzone iS"to provide |ovv+denSitvfanni|y residential areas together with G full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uaea." The property has been iOcontinual operation aaatrucking facility since prior tnits annexation into the City ofTukwila, Atrucking facility ienonconforming to the use provisions ofthe LC)Rzone. Chapter 1O.70TMC."NOOConfornliiy.''allows legally established nonconforming uses to continue and sets forth limitations on any expansion of nonconforming uses. Alapse orchange inthe use would cause abandonment ofrights to nonconformity and any new use established is required to comply with current use regulations. /nthis way, TK4CChapter 18.70seeks toreduce nonconformity aemuch mS possible. The proposed rezone would bring the nonconforming portion of the trucking facility (that portion located in the LDFlzone) into conformance with the zoning code. (REMAINDER OF PAGE INTENTIONALLYLEFT BLANK) Page 9of 15 71 Rezone West Portion of Parcel No- 734560766 from Exhibit F: Project and Decision Criteria Narrative 3. There are changed conditions since the previous zoning became effective towarrant the proposed amendment hothe Zoning Map. Conditions have changed considerably since the previous zoning became effective. The proposal to rezone the western portion of parcel no. 7345600766 is reasonable and warranted bythe change incircumstances. The subject properties 'were created in unincorporated King County as Riverton, o nap|atofa portion of Riverside Interurban Tracts, on June 15, 1806 Figure 5) .2 Contemporary legal descriptions also refer tothis area es"F(iver-tnn/\dditioo." Thereafter, Lots 4and 1O-25 ofBlock QofRiverton were acquired by asingle 'owner and otrucking operation was established onthe prnperty.z The Becker family owned the property atthe time itwas developed with the current service garage, distribution warehouse, loading dock, and related improvements in 1975. - -'_- � 14+ I *a !0 "61 � I Figure 5: Excerpt of Riverton, a replat ofpart of Riverside Interurban Tracts, recorded in Volume 13 of Plats, Page 36, records of King County, Washington. Image shows a// of Block 9, lots forming the subject property outlined in red. NOTE: The orientation of this map is such that north is to the fight Alder Street became S 126th Street and Herkimer Street became S 128tfi Street. 2 Plat of Riverton, King County Recording No. 400820, recorded June 15, 1906 in Volume 13 of Plats, Page 36, Records of King County, WA, 3 The lots were likely purchased by the Becker family, who likely also established the trucking business. Two businesses (Becker Trucking Inc. and Becker Transfer Co.) appear to have grown from this startup. Becker Trucking Inc. has been in operation since 1925 and operates out of Tukwila. Becker Transfer Co. bills itself as a fourth - generation transportation company and operates out of Issaquah. Page 0oft5 72 Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI Exhibit F: Project and Decision Criteria Narrative Riverton was identified as the Riverton Annexation Area by the City of Tukwila. In preparation for annexation, the City adopted ordinances no. 1479, 1480, and 1481 to apply future land use designations and zoning designations to the Riverton area. Ordinance no. 1479 amended the Comprehensive Land Use Policy Plan Map and applied the Heavy Industry designation to Lots 1-4 and 22-25 of Block 9. Lots 18-21 were designated Low Density Residential. Refer to Figure 6. • t COMPREKEWSIVE LAtin ti,SP ua EXHIBIT ATTACHMENT G LEGEND -.444' af,,,sSttv 4,E1,80,17,41„ Utta,,,,,f,t4 0.044? y ,,It.4c,ettnAt kii5,,t,10,0a,tt 440.1A.4 rtz,44. oCtoa ,NCV4144e. t t Figure 6: Exhibit a Attachment H of City of Tukwila Ord. No. 1479. Map shows Riverton Annexation Area boundaries and approved comprehensive land use policy plan designations. Subject property is outlined in red. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 11 of 15 73 Rezone West Portion of Parcel No. 7345600766 from 0RtoCIL/ Exhibit F:Project and Decision Criteria Narrative Ordinance no. 1480 amended the zoning map (see Figure 7).Lots 4and 22-25of Block 9 were zoned Industrial Park (C-M). Lots 18-21were zoned Single Family Reskdence(R'1). Ord. 1481 adopted zoning code text amendments related to the Riverton Annexation. OF `^ � *.` n^ SINGLE FAMILY RESIDENCE (ruma*) -4 L W^'^~-m`w a -- nMH MULTIPLE RESIDENCE HIGH DENSITY c', cowwmwr, RETAIL BUSINESS oz REGIONAL RETAIL BUSINESS INDUSTRIAL PAR ' ,t�r m'/ LIGHT INDUSTRY -- m`x HEAVY INDUSTRY Figure 7: Excerpt of Riverton Annexation Area zoning from City of Tukwila Ord. No. 1480. Subject property is outlined in red. Lots 18-21 are zoned R- I and lots 22-25 are zoned C-M. -� On March 27, 1989 the Tukwila City Council voted to approve ordinance no. 1508 to annex the Riverton Annexation Area effective April 15.1888. Azoning map was included with this ordinance confirming the zoning classifications applied in ordinance no. 1480 for the subject property (see Figure 8\. Figure R-4 LOW APARTMENTS RMHMULTIPLE RESIDENCE HIGH DENSITY C-1 COMMUNITY RETAIL BUSINESS *! 57r� �L-!,,SINESS 18L�2�1 M-1 LIGHT INDUSTRY M-2 HEAVY INDUSTRY 8: Excerpt of Riverton Annexation Area zoning map from City of Tukwila Ord. No. 1508. Subject property is outlined in red. Lots 18-21 are zoned R-1 and lots 22-25 are zoned C-M. |n1SB5 the City of Tukwila began to rewrite its comprehensive plan and zoning code to conform bothe recently -adopted Growth Management Act. Ordinance no. 1757repealed ordinance no. 1479 (among others) and adopted the 1995COnnpreheDoive Land Use Plan and Map for the City ofTukwila. Ordinance no. 175Orepealed ordinance no. 14D1(among others) and overhauled Title 18 TMC (Zoning Code) and adopted a new zoning map. The zoning code amended the number and names of zoning districts in the city. R-1beoa0e LDR (Low Density Residential) and C-M became C/LI (Commercial/Light Industrial). Lots 18-25 appear to have been consolidated between the Riverton annexation in 1989 and the zoning map adoption in19S5. The lot consolidation did not affect the zoning boundary, resulting ina split -zoned lot. The zoning boundary was not changed in1S85,and the property remains split -zoned today. The existing trucking operation iSnonconforming tothe L[}R use requirements in Table 18-6. TK4C 18.08. andTK8O 18.10.020. Page 12 of Rezone West Portion uf Parcel No. 734560V760from LDRto CID Exhibit F:Project and Decision Criteria Narrative The Becker family sold the property in 2005b> C&O Wells, LLC C&OVVels. LLC sold the property toBlue Nile Holdings, LLCin2O16. Blue Nile Trucking, LUCcontinues tooperate a trucking business from the property. The initial zoning districts applied in 1888-1SO8dnnot appear to have been based on existing conditions oruses. The trucking business was h7active operation Vnthe site (having completed improvements inthe [n|d-1S7O8)atthe time. The character of the neighborhood has changed dramatically since zoning was initially applied and continues to nu0|ee to this day. Industrial uses have spread southward from the DuVvnnnioh Manufacturing Industrial Center /K8|C\ and GR-589. Asa result, residential development has occurred generally further tothe south ofthe site. EMarginal Way Shas become increasingly used for freight and other large vehicles. The evolution ofneighborhood character is a changed condition warranting an amendment to the zoning map. The amendment will also eliminate o split -zone condition, bring a legally -established nonconforming use into conformance with the TMC. and establish zoning more consistent with the conditions along E Marginal Way 3. 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 beinjurious tomthmrproper-ties in the vicinity in which the subject property is located. The requestwould extend the Commercial/Light Industrial (C/L|) boundary from the approximate center ofaparcel tninclude the full boundaries Cfthe parcel. The C/L|zone allows a number of commercial and light industrial uses that are consistent with the character ofEMarginal Way S'and nearby industrial uses. Impacts to neighboring residential properties are not anticipated. The residential neighborhoodgrown uparound the existing commercial/industrial business and the eastern portion of the property |ualready zoned C/L|. The rezone will not invite new uses that are not already allowed adjacent tothe residential area. Development requirements set forth inTMC Chapter 18.30."Comm erciaI/Lig ht|ndustria| (C/Ll)Oistrict,^establish appropriate buffers, increase setbacks comparedtQthose required under the LORzone, require landscaping scnaeningtooeperabathe{%L|uaas from residential development, and require a stream buffer from the east branch ofRiverton Creek. See Table 1.below, for 8comparison ofC/L|and L[)Rdimensional standards. /n addition to dimensional requirements, new developments must demonstrate adherence to performance standards, including standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke, and airborne pollutants; nose standards 'adopted inin Chapter 8.22 TMC; and State and Federal standards for water quality and hazardous materials. Review under the State Environmental Policy Act (SEPA) provides substantive authority to mitigate potential adverse environmental impacts for future development. Design review is required for any new development within 300 feet oforesidential zoning district, which would apply to the subject property. Design review is intended bzcreate well - designed dave|opnnentathedarehorOonioUmvxiththenotura|andnlannlade environments. Review criteria for C/L|developments are related tothe following topics: * Relationship ofstructure tosite; * Relationship of structure and site to adjoining area; ° Landscaping and site treatment; Page 13 of 15 75 Rezone West Portion of Parcel No. 7345000766 from 0Rto CILI Exhibit /�Project and Decision Criteria Narrative * Building design; and • Miscellaneous structures and street furniture. Chapter 18.60 TIVIC sets forth design review criteria that will protect the residential neighborhood. Design review is completed either administratively bvthe Director Vf Community Development o[quasi-judicially bvthe Board ofArchitectural Review. Design review can include conditions of approval to address any potential issues that arise during review. Table // Comparison nfCIL/and LDRdimensional requirements. Zoning Standard C/L|Zmme LDR Zone Development Area None 45% Setbacks toYards, * Front ° Second Front ° Sides ° Rear minimum * 25feet ° 15feet (near L[)R\ * 15feet (1stfloor near LOR) 2Ofeet (2nu floor near LDF{) 3Ofeet (3m floor near LDFl) ° 15feet /1 st floor near LDRU 20feet 2nufloor near LDR) 3Ofeet (3rdfloor near LDR) ~ 20feet ° 10feet p 5feet 10feet Height. maximum ' 4 stories or45feet OO feet Landscape Requirements ° Front • Sides ° Rear ° 15feet (near LOFl) * 15feet (near LDR) ° 15feet (near LOF) None Environmental remediation has been completed on the site and any land -disturbing activities are requiredtobocoo¢UnatadwibhtheDepart[neOtofE000gytoenaUnaanyremainng contamination i appropriately remediated. /\restrictive covenant has been recorded on the property to limit activities on the site to protect the environment and the public health, safety, and welfare. Conclusion The request, if approved, will rezone the western portion of parcel no. 7345600766 from Low Density Residential (LOR)toCommercial/Light Industrial (C/LU,thus removing the split -zone condition and recognizing the use that has occupied the site since atleast the1E}7Os, Metro is seeking the rezone to facilitate its use of the property. The responses to the decision criteria set forth in TMC 18.84.020 consider the rezone within the larger context of the City's plan for this area, including the full scope ofallowable uses within the C/L|zone. The same range ofuses js currently allowed VOthe east portion of the subject property and, with buffers, setbacks, and landscaping requirements, redevelopment to a conforming use would offer opportunities to address site conditions or potential impacts and result in a net benefit to the neighborhood. � The proposaliaconsistent with the Tukwila Comprehensive Plan, including goals inthe Community Image and Identity, EconomicDeve|opmeOt Natural Environment, and Residential Neighborhoods elements. The proposal protects eXistngc0rOnleno/a|8|ght industrial land and positions itfor future redevelopment. Redevelopment ofthe property will occur in conformance with development and environmental regulations, and presents Page 14off5 76 Rezone West Portion ofParcel No. 7345600766 from 0Rto CILI Exhibit F: Project and Decision Criteria Narrative significant opportunities to protect, enhance, or restore natural featuresThe rezone will e||rninst8asplit-zone condition and create aclearly defined boundary between residential and non-residential uses. • The proposal is consistent with Title 18 TMC in general and the purpose and intent of the C/L|zone set forth inChapter 1O.3OTMC. The property ioin anarea characterized byamix of commercial and light industrial uses and fronts along E Marginal Way G. o busy arterial. ° Conditions have changed since zoning was applied in 1988-1989 and updated in 1995. The character of the neighborhood has changed dramatically: industrial uses have expanded to the north, especially with the establishment of the Duwamish Manufacturing Industrial Center(K8/O). Residential development has occurred to the south and west, migrating away from the W1|C. E Marginal Way S has become increasingly used for freight and other large vehicles. * The proposal is protective of the public heaKh, safety, and welfare and will not adversely affect the surrounding neighborhood. Basic development standards, performance atandardo, and critical areas requirements mitigate potential adverse impacts to the residential neighborhood. Design review inrequired when new development occurs within 3O0feet ofaresidential zone, which will ensure the use and site design iSfully compatible with existing residential neighborhoods. Metro believes that this application den)oOatnaheethato-rezonBinconsiStentvvithandeatisfiee the approval criteria inTMC 18.84'020. Metro therefore respectfully r8queatsopproVo| of the rezone request. Page 15 of 15 77 78 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 12677 E. MARGINAL WAY S., TUKWILA, FROM SPLIT ZONE COMMERCIAL/LIGHT INDUSTRIAL (C/LI) AND LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL/LIGHT INDUSTRIAL ONLY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long-term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, as part of the City's 2018-2019 Comprehensive Plan docket of potential amendments, the City received an application for consideration of a change to the Comprehensive Land Use and Zoning Maps for the Metro Training Facility project, located at 12677 E. Marginal Way S. (the "Property"); and WHEREAS, the zoning on the Property is split, with part of the Property zoned Commercial/Light Industrial and the remaining part zoned Low Density Residential; and WHEREAS, the Applicant seeks to rezone the entirety of the Property to Commercial/Light Industrial to enable the Property to be used for a King County Metro Training Facility; and WHEREAS, the east fork of Riverton Creek flows across the northwest corner of the Property through an underground pipe, and TMC Section 18.45.110.B.5.g requires that "On properties being developed or re -developed, or when stream crossings in public or private rights -of -way are being replaced, existing culverts that carry fish - bearing watercourses or those that could bear fish (based on the criteria in WAC 222- 16-031, Washington Forest Practices Rules and Regulations), shall be upgraded to meet the standards in the WDFW manual "Design of Road Culverts for Fish Passage" (2003 or as updated) if technically feasible;" and WHEREAS, on January 23, 2019, the City mailed a Notice of Application to the surrounding property owners and tenants, and on April 17, 2019, held the required public meeting regarding the proposed rezone and change to the Zoning Code Map (Exhibit A); and W: Legislative Development\Rezone Metro property on E Marg Wy 4-24-19 MB:bjs Review and analysis by Barbara Saxton Page 1 of 3 79 WHEREAS, adjacent residents expressed concern about potential impacts to the stream and stream buffer located near the western half of the parcel; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act by making a determination on April 23, 2019 that no significant environmental impact would occur as a result of the Zoning Code Map change; and WHEREAS, notice of a public hearing was timely published in "The Seattle Times," posted onsite, and mailed to surrounding properties; and WHEREAS, on May 6, 2019, the City Council held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions and has determined the public interest will be served by approving the rezone application, which is in compliance with the City of Tukwila Comprehensive Plan's Land Use Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts Findings and Conclusions, attached hereto as Exhibit B and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved Subject to Conditions. The Property is located at 12677 E. Marginal Way S., Tukwila, Washington, in the block bounded by S. 128th St., 37th Ave. S., and S. 126th St. The site is further identified as King County tax parcel 7345600766, as legally described and shown in the attached Exhibit C. The site is hereby approved to be rezoned from a split zoning of Commercial/Light Industrial and Low Density Residential to Commercial/Light Industrial across the entire parcel, as shown in the attached Exhibit A, subject to the following conditions: 1. Within six years after the effective date of this ordinance, property owner shall implement a City -approved plan to daylight (or, if daylighting is not feasible, to upgrade the stream culvert for) the Type II stream located within a pipe on the western half of the property. The plan shall meet the standards in the Washington Department of Fish & Wildlife (WDFW) manual "Design of Road Culverts for Fish Passage" (2003 Edition, as it now reads or as hereafter amended). If daylighting or upgrading of the stream culvert is proven to be technically infeasible, the western portions of the Property located within the stream buffer area shall be planted with native plants that improve upon the original condition as part of a planting plan to be approved by the City. Additionally, the property owner shall remove all existing impervious surfaces located within the stream buffer within the six -year time frame. 2. Within 180 days of the passage of this ordinance, the applicant shall record against the site a covenant or other document, approved by the City, requiring compliance with Condition 1. 80 W: Legislative Development\Rezone Metro property on E Marg Wy 4-24-19 MB:bjs Review and analysis by Barbara Saxton Page 2 of 3 3. Failure to comply with Conditions 1 and 2 shall cause the change to the Zoning Code Map to be null and void, the subject property shall revert to the zoning immediately preceding passage of this ordinance, and any non -conforming use shall cease to exist and any subsequent use shall conform to the regulations specified by the Tukwila Municipal Code for the district in which such use is located. Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official Zoning Code Map to show the zoning change 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 , 2019. 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: Attachments: Exhibit A, Zoning Code Map Exhibit B, Staff Report Exhibit C, Legal Description and Site Map W: Legislative Development\Rezone Metro property on E Marg Wy 4-24-19 MB:bjs Review and analysis by Barbara Saxton Page 3 of 3 81 82 SEATTLE Figure I➢�a Cwnnitini i etapmni Ar+e, in me Tukwila FN blrd Eunimr li�m_IIIit- ��1� �► 0lae loan m .l'matn d war nlparnl01 p+,m t+r moat honlean nark»ia hiamnLo alth tl Tukwila Urban Center Corridor Types — CammerdY Corridor ^....• Ram NYgbborha4d Ear1Wor - Walkable Corridor Few. Commode Corridor •ewe Tuhvga Pond E4plan4d4 Fob. Wallah". Corridor + + Noway Frontage Garrido' -++w»— urban Cortldor a-+w.. Workpla4. Could., N4lghborhoed Corridor .o*15 Futon Urban Corridor 00000u0 Fob'. MAW.. Corridor Zoning Districts, Overlays, and Sub -Areas City of Tukwila Comprehensive Plan & Zoning Map e e....A».a.mw cee...m...,.,te.easumea,ww.4emeee.. ,stseu This is a graphic representation or land use designations arignally adcptedby CiyCouncd on 12704195, Ipdaed through Ordinance 2452. Weans Dee F11.4 Del cripdon Old I 01119/1999 L580043 Dew. Comm..' Revnahao0n Areas wnhm the 1864 Tukw1M Iniernadonal Blvd Combo, 08/192002 L01-076 IORIo CLI (and removal of Public Recreation 0w;day) on parcel 0002800006, located onlmerurtan between 1992 135th 51 ands 140th St 114162004 L03-076 1DR&CILI0 MIChbatween Tukwila InternationalO9d and349 he 5 a15126th St 2059 12032007 L06-096 RCC to LER at 1442751. Ae S 2184 12032007 L07-067 MICMIo II between Easl Marginal Way S,5 Norfolk St and 150emg views Rd 2185 061382009 105029 Tukwila South OteHay Otsmcl Eslab0shed 2235 10,142009 109002 MDR to H0R at 34215 14 RhA 2255 10'192009 LOO-082 Esta0,46Ur04404oewal0*blay0lstncl in area bounded by 140h on the no hem edge, 371h Ave 5 onlheweslem edge, 5 14601 St on me soon and42nd 2257 Ae 50nne east 0saor2o 0 L09085 MICA. o 0 and LOR0o 0 on S1150 S1 2309 09202010 L10002 Chip MDR on Macadam Rd 5 a14300S 133rd51 2311 092442010 L10-034 Esubbli Zoning ConslmenlwahComp,ehenvte Plan 2312 Deugnaoons in T *Ma South Mnerzaon area 071182011 L10-015 111000LOR mlhe00ouiy[4380051150151 234E (Duwam411 Hd1 Presetke pregeny) 07/182011 L11.002 MICM1o11a110200 Eau Margme Way 5 2342 10202014 L14-0049 TUC 0HIy0N a Tukwila South Overlay 2452 I'y,,' Pu0lc Recreation Purley I LOR La. Den1HyRe6Wanllel IN 0 Office RCM Regio al Comma, ...Use [ .ry MILL M0Iwl0Hu,Mglnduel4e1 Cenler1.lgo rid TUGRC Tukwila Urban Center • Regional Center .- w war ManutedurlogMduslrlal Center 8nurdety'i yq� `-wY MDR Medium Density .0.CC Resdmllal GmmercMl Center tEU Leman mill Light indusldalt1eMiEM MsnWxtvring Mtluftriel CeMerMeevy Wye TUGCC UMW Ueban Eanlel.CommertleitwrWo[ Sea.n.�.w I «.awl TIP Urban Renewal Overlay 'Metric" i "<FnR WW1 OeneHY ReskeMMl � �} NEE NelghbaXeod Comnad ICenUr LI ltgbllMuflrMl iV& Tukwila Valley OouIX i � TUGWP Tpkwrla Urban Cenral •Wa,kpMce Tukwila south Overlay Owtrkl MVO MMetl Use pike � (y;p�y AC Regional Commerelel HI Hoary meuetrlal xi � TUEP Tukwlls mean Cents, Pend mat TU0400 Tukwila Ur ban Genie Transit Oriented Development nTukwila City UMW LVW' anwk Pelenllai Annexation Areas Shoreline Overlay (Approximately 200' each side of the river) 83 84 METRO REZONE LEGAL DESCRIPTION AND SITE MAP COMPREHENSIVE PLAN AND ZONING MAP CHANGE FILE L18-0114 4 y4 4 TpSP 1. T1SP 5ti-3.-SS 9 i01140d(y3 m; -AA! PART VP P TE 26TH ST „o• SITE LEGAL DESCRIPTION RIVERTON ADD ALL LOTS 18 THRU 25 Plat Block: 9 Plat Lot: 18 THRU 25 Quarter SW, Section 10, Township 23, Range 4 85 86 2018-2019 Comprehensive Plan Docket ap Change Review Criteria ap Change Request Site of Proposed Map Change Site of Proposed Map Change Background W Current Zoning - Split Zone LDR & C/LI Environmentally Sensitive Areas Environmentally Sensitive Areas co 0) Surrounding Development (0 v Public Comments sir f • r i • r.v- • scr it I. •sc. sir t• s - ' iv- rt r.t' rs.tt - sit ff rf•r r•v It . ri ! • f • -str t • r ' ;, II its (c rr t tr c 1 r v icI s str t I•-tr r1 s CO Conceptual Site Plan ' FRONT SETBACK, 12677 E. MARGINAL WAY S. E MPLE OF POTENTIAL USE & LAYOUT PARCEL LINE Conceptual Site Plan ACK -STORM DRAIN EASEMENT '! 2' STREAM IS ACK ,EAM BUFFER 251 FRONT -SETBACK OFFICE 12677 E MARGI AL AY S. MPLE OF POTENTIAL USE & YOUT Comprehensive Plan • Consistent with Comprehensive Plan's highest priority — Improve, sustain residential neighborhood quality and livability. • Does not disrupt single-family land use pattern • Buffer exists between single-family and impacts of commercial/mixed use in form of Type II stream Impacts • Increased setback and buffer requirements in TMC for C/LI properties adjacent to LDR properties ensures compatibility • Less intensive office uses proposed vs. existing (non -conforming) truck terminal • Ends current legally non -conforming use on property Staff Recommendation Conditions of Approval 1. Within six years of the effective date of this ordinance, property owner shall implement a City approved plan to daylight (or, if daylighting is not feasible, to upgrade the stream culvert for) the Type II stream located within a pipe on the western half of the property. The plan shall meet the standards in the WDFW manual "Design of Road Culverts for Fish Passage" (2003 or as updated). If daylighting or upgrading of the stream culvert is proven to be technically infeasible, the western portions of the Property located within the stream buffer area shall be planted with native plants that improves upon the original condition as part of a planting plan to be approved by the City. Additionally, the property owner shall remove all existing impervious surfaces located within the stream buffer within the three-year time frame. Conditions of Approval 2. Within 180 days of the passage of this ordinance, the applicant shall record against the site a covenant or other document, approved by the City, requiring compliance with Condition 1. 3. Failure to comply with Conditions 1 and 2 shall cause the change to the Zoning Map to be null and void, the subject property shall revert to the zoning immediately preceding passage of this ordinance, and any non -conforming use shall cease to exist and any subsequent use shall conform to the regulations specified by the Tukwila Municipal Code for the district in which such use is located.