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HomeMy WebLinkAboutReg 2019-05-06 Item 5B - Quasi-Judicial Hearing - Amendment to Comprehensive Plan and Zoning Maps Designation from Low Density Residential to Tukwila Urban Center-Commercial Corridor for Tukwila View Estates (17301 Southcenter Parkway)COUNCIL AGENDA SYNOPSIS MeetingDate Prepared by Mayor's rev' iv Council review 05 06/19 NG t ITE NFORMATION ITEM No. 5.B. & 6.B. STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 5/6/19 AGENDA ITFNI TITLE A Comprehensive (LDR) Estates Plan and Zoning map change request from to Tukwila Urban Center Commercial Corridor (TUC property at 17301 Southcenter Parkway. Low Density -CC) for the Tukwila Residential View CA I I:.G ORY Disci/is/on II ftg Date Motion Date 5/6/19 [1] Resolution ill ts, Date 0 Ordinance il Its Dale Ell Bid Amard Mg Date 0 Other Aftg Date 'I2 Public Heanns Mtg ANDate 5/6/19 SPONSOR Council EAlayor [1] R DCD EFinance flFire 71S P/iR Police PW Gird SP ONsoie 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. A property owner submitted a request for a map change from LDR to TUC -CC. Following the required public hearing, the City Council may approve, modify or deny the request. Rkvt MUD BY E C.O.W. Mtg. 0 Trans &Infrastructure DATE: NA CDN Comm El Finance [1] Parks Comm. E Public Safety Comm. Comm. D Planning Comm. CHAIR: Arts Comm. COMNIII1EE RECOMMENDATIONS: SPONSOR/ADMIN. CONINIEITEE Department of Community Development Quasi -Judicial Item, no Committee COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 05 06/ 9 MTG. DATE ATTACHMENTS 05/06/19 Staff Report o City Council dated 4/29/ 9 with Attachments 107 108 Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director STAFF REPORT TO THE CITY COUNCIL 4/29/19 Hearing Date: May 6, 2019 Notification: Mailed to properties and residents within 500' radius Site Posted: 3/25/19 Notice published in the Seattle Times File Numbers: E18-0015 SEPA L18-0107 Comprehensive Plan Amendment and Rezone Applicant: Brad Decker Project Name: Tukwila View Estates Request: Change Comprehensive Plan and zoning designation from Low Density Residential (LDR) to Tukwila Urban Center Commercial Corridor (TUC -CC) Location: 17301 Southcenter Boulevard (Tax Parcel # 262304-9135) Comprehensive Plan: Low Density Residential (LDR) Zoning: Low Density Residential (LDR) SEPA Determination: Determination of Non -Significance issued April 22, 2019 Staff: Nora Gierloff, Deputy Director of DCD Attachments: A. Applicant's response to Decision Criteria B. Vicinity Map C. Wetland, Watercourse & Buffer Map SW 26/23/04 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 109 L18-0107 Staff Report Page 2 FINDINGS Background This application is part of the 2018-2019 annual docket for amendment of the Comprehensive Plan (the "Plan"). The purpose of an annual docket is to ensure that changes to the City's Plan are only considered once a year and that they are considered collectively for impact to the Plan. The Applicant is seeking to rezone 57,456-square feet of an 86,172-square foot lot located at 17301 Southcenter Boulevard (Tax Parcel # 262304-9135) (the "Subject Site") from Low Density Residential (LDR) to Tukwila Urban Center Commercial Corridor (TUC -CC), with corresponding Comprehensive Plan and Zoning map amendments, in preparation for future development. This non -project proposal is a quasi-judicial change to the land use designation on the Tukwila Comprehensive Plan and Zoning Code maps. If the rezone is approved, any TUC -CC use would be permitted subject to all City regulations. The Applicant has discussed plans for a parking lot or creating additional retail space. A Comprehensive Plan and Zoning Map depicting the Subject Site is below. The map shows existing Comprehensive Plan and Zoning designations with the Subject Site highlighted and the portion to be rezoned called out as "SITE". Existing LDR zoning is yellow, and existing TUC -CC zoning is pink. Figure 1 - Comprehensive Plan and Zoning Map 110 L18-0107 Staff Report Page 3 Site Information The Southcenter Subarea adjoins a steep, wooded slope up to the 1-5 Freeway that is zoned LDR. The Applicant is requesting that the southern part of a parcel on this slope be rezoned to match the adjacent commercial zoning, TUC -CC. This portion of the Subject Site appears to have been graded in the past and has a more gradual slope than property to the North, South and West. The Subject Site sits behind the row of existing buildings, has limited visibility and is accessed from a private easement between Chick-fil-a and Vitamin Shoppe. A portion of the western property line of the Subject Site is adjacent to the City of SeaTac. Utilities are available at the property line. The Subject Site contains environmentally sensitive areas, including a Type 3 watercourse with an 80-foot buffer (shown on the map below in blue ovals) that covers a large portion of the area to be rezoned. The Subject Site are contains Class 2 — Moderate landslide areas and Class 3 — High risk landslide areas. Figure 2— Map with Watercourse Buffers and Landslide Hazard Areas Zoning History This general zoning pattern —with the steeper portions of the hillside having residential zoning while the valley floor was zoned for commercial uses —has been in place, with varying boundaries, since at least 1977. When the Comprehensive Plan and city-wide zoning were revised in 1995, the entire hillside was zoned Low Density Residential and the flat portion was zoned Tukwila Urban Center. In 2014, the Southcenter Plan was adopted and the TUC zoning was split into subdistricts with the area along Southcenter Parkway zoned TUC -CC. 111 L18-0107 Staff Report Page 4 Public Comment On April 17, 2019, staff held a public information meeting for residents and property owners within 500 feet of the site. No one attended and no public comments were submitted during the comment period. Land Use The land uses to the east of the Subject Site reflect the zoning in a mix of retail and restaurants. The Subject Site and adjoining hillside properties are vacant. Photo 1 - Onsite looking west toward 1-5 112 L18-0107 Staff Report Page 5 Photo 2 - Onsite looking east to Southcenter Parkway Photo 3 - View of the Subject Site at the end of the access road Comprehensive Plan and Zoning Map Amendment Criteria The Applicant's response to the decision criteria is attached hereto as Attachment A. 1. The proposed amendment to the [Comprehensive Plan and] zoning map is consistent with the goals, objectives, and policies of the Comprehensive Plan 113 L18-0107 Staff Report Page 6 The Southcenter Element of the Comprehensive Plan defines the western boundary of the Southcenter District as the "toe of (the) west valley wall." The goals, policies and development standards for the subarea do not address the steep, wooded hillside where the Subject Site is located. The Natural Environment Element has the following goals: Watercourses and their buffers, ...., are protected from encroachment and degradation and improved through mitigation, enhancement, and restoration projects. (Goal 4.6) Potential impacts and liabilities associated with development in areas of potential geologic instability and coal mine hazard areas are minimized, erosion is prevented, and natural surface water features are protected from loss, disruption or channelization. (Goal 4-11) The mapped watercourse buffer constrains the majority of the area adjacent to the access road, see Attachment C. Developing the Subject Site in accordance with the more intensive proposed commercial zoning could create a conflict with the goal of protecting the watercourse and its buffer. In his response, the Applicant does not address the watercourse and landslide issues. Rather, the Applicant focuses on his belief that the Subject Site "has never been looked at properly," and "should not be zoned LDR" because there are no residential amenities within two miles of the Subject Site. However, Tukwila Pond Park is located a half mile away and the Green River and its trail are one mile away. The nearest school is Thorndyke Elementary which is two miles away and there are three grocery stores within a mile. In addition, the Applicant cites to Comprehensive Plan Policy 10.2.8, regarding ensuring adequate parking supply, but the Applicant has not pointed to a need for additional parking within this area. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title (the Zoning Code) and the description and purpose of the zone classification applied for. The proposed TUC -CC zoning would allow "auto -oriented retail and services in a manner similar to the existing patterns of development in the area." (TMC 18.28.040.B.4). As seen in the surrounding area, this development type is typically larger in size, taller in height, much more impervious and significantly more intensive than the single-family homes permitted in LDR. In contrast, the purpose of the Low Density Residential (LDR) district is "... to provide low - density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses." (TMC 18.10.010) Residential uses do not have the same need as retail for visibility from the street and its potential customers so the location 375 feet back from the Southcenter Parkway R-O-W with only a narrow view corridor between existing buildings better suits residential zoning. In 114 L18-0107 Staff Report Page 7 response to this criteria, the Applicant again cites to Comprehensive Plan Policy 10.2.8, regarding ensuring adequate parking supply, but has not pointed to a need for additional parking within this area. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning (and Comprehensive Plan) Map In 2014, the Comprehensive Plan and Zoning map were amended by dividing the Southcenter District into subareas and adopting new zoning standards. At that time, housing was allowed more widely throughout the District and 644 residential units have since been developed or are under construction. While these units are located to the north of Subject Site, the increase in residents will support additional residential amenities nearby, supporting the existing LDR zoning. In his response, the Applicant states that "the original zoning was done before any idea of mass transit or housing being built in the urban core of Tukwila;" however, the designation of the Southcenter Area as a PSRC-recognized Urban Center in 1995 was based on just those principles of dense, mixed use, transit served development. Furthermore, the Applicant has failed to identify any changed conditions since the current zoning became effective in 2014. 4. The proposed amendment to the [Comprehensive Plan and] Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience, and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located. The Applicant provided a geotechnical report for a nearby project, but it was located on a nearly flat site and did not address the stability of the hillside. Therefore, geotechnical issues constraining development of the Subject Site are unknown. Any sort of commercial development on the Subject Site would require grading, paving and likely tree removal. The parking stalls that the Applicant identified as a potential development option on the Subject Site would be at least 400 feet away from the entrances to the nearest buildings with no safe pedestrian pathways to connect them to those sites. Even if a parking lot were well lit, the adjacent buildings do not have windows facing that direction and it would be set back so far from the public street that it would have very little visibility to deter crime. The Applicant has not provided a conceptual site plan of the proposed parking lot or discussed how Crime Prevention Through Environmental Design principles could be applied to prevent this parking from posing a danger of personal and property crime to its users. In his response, the Applicant argues that the disruptive market forces currently affecting the retail sector would be partially offset by the flexibility of having additional parking available on the Subject Site. However, the Applicant has not provided any support for these assertions to demonstrate that the public health, safety, comfort, convenience, and general welfare will be furthered by the rezone. 115 L18-0107 Staff Report Page 8 CONCLUSIONS 1) Consistency with Comprehensive Plan The extension of the Southcenter District onto the adjacent hillside is inconsistent with the description and intent of the Southcenter Element of the Comprehensive Plan. The Subject Site is constrained by landslide hazards and a regulated watercourse that would be negatively impacted by more intensive development, conflicting with the Natural Environment Element of the Plan. The applicant did not address the environmentally sensitive areas in his response. 2) Consistency with Zone The LDR zone permits a low level of development intensity consistent with a wooded hillside containing a regulated watercourse hidden from the street by existing buildings. The effect of the proposed upzoning to an auto -oriented development pattern would be at odds with the environmental constraints of the Subject Site. 3) Changed conditions While there is a contrast between the types of development permitted on the Subject Site and the adjacent properties to the east, this has been the case for decades and the Applicant has not identified changed conditions that would justify the rezone. In fact, the housing that has been built in Southcenter over the last 5 years improves the residential climate in the area and supports retaining the Low Density Residential zoning. 4) Benefit to community A rezone of the Subject Site from LDR to TUC -CC to potentially use for new retail or parking has not been shown to be in the furtherance of the public health, safety, comfort, convenience, and general welfare, and could actually injure adjacent environmentally sensitive areas. Potential development suggested as an option by the Applicant of a distant, low use parking lot with poor visibility and no safe pedestrian access paths could invite car prowls and other crimes and not benefit customers or employees in the Southcenter area. The Applicant has not documented a parking shortage for the surrounding businesses that would be addressed by a new parking lot in this location. RECOMMENDATION Staff recommends denying the rezone request, thereby retaining the existing Low Density Residential (LDR) zoning and Comprehensive Plan designation on the Subject Site. 116 Comp Plan Amendment L18-0107 DECISION CRITERIA (TMC 18.84.020) The burden of proof that a change to the Comprehensive Plan and Zoning Maps are warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. This is a type 5 decision. It is a quasi-judicial decision made by the City Council who will decide your request using the criteria listed below. It is essential that you describe in a clear and precise manner why the change should be approved. You may submit other documentation in support of your proposal. Provide a written response that demonstrates how each of the following circumstances justifies a map change for your property: 1. The proposed amendment to the Comprehensive Plan and Zoning map is consistent with the goals, objectives, and policies of the Comprehensive Plan; This property, we believe, has never been looked at properly. It is currently zoned LDR (Low Density Residential) and we are requesting a change to TUC -CC (Tukwila Urban Core — Commercial Corridor). Changing from LDR to TUC -CC would help achieve the comprehensive plan's goals expressed in the following Sections: 10.2.7, "Development standards will consider the needs of land owners, developers, businesses, and the community." 10.2.8 "Parking. Ensure an adequate supply of parking for visitors, employees, residents and customers. Provide a variety of flexible regulations, strategies and programs to meet parking demands. On -going needs will also be assessed to ensure appropriate parking requirements and to encourage efficient and effective use of land in parking design." This site should not be zoned LDR. This is not in a single-family neighborhood district as shown on the map on page 145 (see attached) of the Comprehensive Plan. This site is within the Commercial Corridor District as defined in the District Map (see attached). There are no residential developments anywhere near this project nor are there any parks, schools, or family amenities within the two miles of the site This district was not intended to have any residential and should be rezoned to come into alignment with the Commercial Corridor District. 2. The proposed amendment to the Comprehensive Plan and Zoning map is consistent with the scope and purpose of the TMC Title 18, Zoning Code, and the description and purpose of the zone classification applied for; Yes. This rezone to TUC -CC will allow this site to fall within the surrounding zoning arid the intention of the designated Commercial Corridor as described in section 18.28.040, 8, 4 "TUC -CC" Commercial Corridor District. Southcenter Parkway will continue to feature auto - oriented retail and services in a manner similar to the existing patterns of development in that area" and as shown on District Map Figure16 (See attached map) and help achieve goals 10.2 7 and 10.2.8 of the Comprehensive plan. 3. There are chanaed conditions since the previous zonina ber:A.M.P_effentivP warrant the proposed amendment to the [Comprehensive Plan and] Zoning Map; 117 The original zoning was done before any idea of mass transit or housing being built in the Urban Core of Tukwila and the zoning did not change when the Comprehensive Plan was created. The Comprehensive Plan specifically calls out for this area to be a "Commercial Corridor District" in the Tukwila Urban Core. The Comprehensive plan prescribes only Transit Orientated development (TUC-TOD) in the TUC. The current zoning conflicts with vision statement of section 10 of the Comprehensive plan: "...areas of high quality housing near water amenities and within walking distance of the Sounder commuter rail/Amtrak Station and the new bus transit center.". The location is over 1.8 miles from the train, this is not "Transit Orientated". This zoning also creates a conflict with Section 3 and the goals of Family Sized Housing as detailed in the Comprehensive Plan, "with access to transit and proximity to schools, parks, and other child -oriented infrastructure". This site is more than 2.5 miles from the closest school and park and is only accessible through a private retail driveway and Southcenter Parkway, which is a designated Commercial Corridor. This, is far from "child oriented infrastructure". Furthermore, this site is an anomaly on Southcenter Parkway and in the Tukwila Urban Core (TUC) due to its Low Density Residential (LDR) zoning. The development of family housing in this area would create a micro neighborhood that does not fit with the character of the Commercial Corridor or the TUC and is in direct conflict with goals: 7.1.1 "Maintain a comprehensive land use map that supports the preservation and enhancement of single-family and stable multi -family neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries.", 7.5.3 "Support single-family residential in -fill housing that is in harmony with the existing neighborhood...", 7.8 "Noise Abatement.. Residential neighborhoods are protected from undue noise impacts, in order to ensure for all residents, the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors." And 18.28.040, B. 4 "TUC -CC: Commercial Corridor District, Southcenter Parkway will continue to feature auto -oriented retail and services in a manner similar to the existing patterns of development in that area". 4. The proposed amendment to the Comprehensive Plan and Zoning map will be in the interest of and 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. The current zoning calls for low density family housing, this would cause a conflict with the surrounding neighborhood that would adversely affect the retailers and the families that would be living in direct proximity to each other. Family residential mixed with traffic orientated retail would not be in interest of the public safety or improve the general welfare of the neighborhood. The change would best meet the public needs by expanding the retail opportunities for the TUC -CC area. This land is directly adjacent to the retail corridor and surrounded by retailers. The change in zoning would benefit the surrounding parcels by providing the flexibility for Tukwila to save its retail businesses. All Tukwila retail is adversely affected by, "The Amazon Effect", shoppers can go to a store and touch an item of furniture or clothing and then use their phones to purchase the same item on Amazon for less than the store can afford to sell it. Tukwila must be able to provide the retail stores what they need to be successful. Market forces are causing-EariTdiord's to diVIdeTaTger b-ulkise-sPaCes into smaller regular retail spaces 118 to accommodate service sector tenants who are Amazon resistant. Landlord's need the flexibility to provide parking for a restaurant or to go from bulk retail to regular retail in order to lease the space to successful retailers. The area is in a rapidly changing retail environment and Tukwila must be able to respond quickly to meet the needs of its Landlord's and their retailers. Landlords have watched the vacancy signs go up in large spaces and remain vacant for years due to zoning restrictions. We recognize the impact this has on the tax revenues for Tukwila. Landowners need more flexibility to attract the types of regional retailers that the comprehensive plan outlines. This property is zoned LDR which is a waste of valuable retail land. A change of zoning will allow landowners to develop this area into retail appropriate uses and thus enable the flexibility to lease to a larger pool of national and local retailers. 119 120 Districts Commercial Corridor tt Pond TillYerra Regional Center Transit Oriented Development Workplace Southcenter Plan Boundary I it I :7 •• I • I ; I ! 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".- : „,0 - ,.: - trarlder Blvd \ I Tr e c k Or:, ; 1 t : - c;1 .3Nigiiivtf- ''%!, --- kL- c) ro Ti I ...= ' 0- •Mtnler Blvd -,1! -..,,,...' - ---0 f I -0 . ...., , Por4"; ' TUKWILA COMPREHENSIVE PLAN - 2015 122 PAGE 7-5 VICINITY MAP LEGAL DESCRIPTION REZONE TO TUG -GC THAT PORTION OF PARCEL B, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER LOS-05, RECORDED UNDER KING COUNTY RECORDER'S FILE NUMBER 20061025c100010, RECORDS OF KING COUNTY, WASHINGTON, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B; THENCE N 00'50'36" E ALONG THE WEST MARGIN OF SAID PARGEL B, 111.&3 FEET TO THE BEGINNING OF SAID LINE; THENCE N 67°2613q" E, 31.0q FEET; THENCE N 76°32115" E, 61.22 FEET; THENCE N 11°13'40" E, 6q.36 FEET; THENCE S 8q °02'O2" E, 50.10 FEET; THENCE N 51 °06'45" E, 31.62 FEET; THENCE N 45 ° I3'21 " E, 32.72 FEET; THENCE N 35°Oq'Iq" E, q.51 FEET; THENCE 5 57°42'03" E, 11.33 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY MARGIN OF SAID PARCEL B, AND THE TERMINUS OF SAID LINE, SAID MARGIN BEING A CURVE CONCAVE TO NE SOUTHEAST HAVING A RADIUS OF 440.2& FEET, SAID POINT BEARING N 57°42'03" W FROM ITS RADIUS, AND LYING NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1'01'34 AN ARC DISTANGE OF 7.&& FEET FROM THE SOUTHWESTERLY CORNER OF PARCEL A OF SAID CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L06-05 THEREOF, 123 `i-Tukwila City Limits 0 00 Type 2 Stream Type 2 Stream in Pipe Type 3 Stream Type 3 Stream in Pipe Type 4 Stream Type 4 Stream in Pipe Type 2 Watercourse Buffer (100') Type 3 Watercourse Buffer (80') Type 4 Watercourse Buffer (50') NW 35/23/04 Potential Wetlands Type 1 Wetland Type 2 Wetland Type 3 Wetland Type 1 Wetland Buffer (100') Type 2 Wetland Buffer (80') Type 3 Wetland Buffer (50') SW Quarter 26/23/04 City of Tukwila Wetland, Watercourse & Buffer Maps Printed July 15, 2006 The mapping of areas of potential geologic instability is approximate. On site verification of topography & geology is necessary. Wetland sizes & locations are approximate only & watercourses shown on this map have not been surveyed. NE 35/23/04 1'=400' December 13, 2004 124 2018-2019 Comprehensive Plan Docket ap Change Request ap Change Review Criteria Site of Proposed Map Change Site of Proposed Map Change Background • The west hillside has had residential zoning while the valley floor has had commercial zoning since at least 1977 • In 1995 the hillside was zoned Low Density Residential and the valley floor was zoned Tukwila Urban Center • In 2014 subdistricts were zoned within the TUC • The request is to create split zoning with the southern, flatter portion of the parcel rezoned Environmentally Sensitive Areas W -10141144,2020814 Environmentally Sensitive Areas View of the Subject Site from Southcenter Parkway W Analysis ap Change Review Criteria ap Change Review Criteria it r Staff Recommendation