HomeMy WebLinkAboutCOW 2019-05-13 COMPLETE AGENDA PACKET,� �l.A
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Tukwila
COMMITTEE
City
Council
OF
THE
Agenda
WHOLE
❖
Allan Ekberg, Mayor Counci/members.: •• Dennis Robertson ❖ Verna Seal
90a David Cline, City Administrator •:• De'Sean Quinn •• Kate Kruller
Kathy Hougardy, Council President •:• Thomas McLeod •3 Zak Idan
Monday, May 13, 2019; 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. SPECIAL
PRESENTATION
Update regarding WRIA9 (Washington Resource Inventory Area 9).
Will Stelle, former Regional Administrator of NOAA Fisheries.
3. PUBLIC
COMMENTS
At this time, you are invited to comment on items not included on this agenda
(please limit your comments to five minutes per person). To comment
on an item fisted on this agenda, please save your comments until the issue is
presented for discussion. (Refer to back of agenda page for additional information.)
4. SPECIAL ISSUES
2018 Police Department Annual Report.
Pg.1
5. REPORTS
a. Mayor
b. City Council
c. Staff
d. Council Analyst
6. MISCELLANEOUS
7, ADJOURN TO SPECIAL MEETING
•v SPECIAL MEETING •.•
❖ Ord #2605 •:• Res #1959
1. CALL TO ORDER / ROLL CALL
2. UNFINISHED
BUSINESS
An ordinance rezoning certain real property located at 12677 E. Marginal
Way S., Tukwila, from split zone Commercial/Light Industrial (C/L) and
Low Density Residential (LDR) to Commercial/Light Industrial only.
Quasi -Judicial
Pg.15
3. ADJOURNMENT
Tukwila City Hall is ADA accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206-433-1800 or TukwilaCityClerkPTukwilaWA.gov). This agenda is available at
www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio/video taped (available at www.tukwilawa.gov)
HOW TO TESTIFY
When recognized by the Presiding Officer to address the Council, please go to the podium and state your
name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit
your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and
may not be able to answer questions or respond during the meeting.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council on items that are NOT included an
the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a
comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic.
SPECIAL MEETINGS/EXECUTIVE SESSIONS
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters as prescribed by law. Executive Sessions are not open to the public.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may
speak a second time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at that time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL MEETING SCHEDULE
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official
Council action in the fonn of formal motions, adopting of resolutions and passing of ordinances can
only be taken at Regular or Special Council meetings.
Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council
President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a
one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed there are forwarded to Regular or Special Council meetings for official action.
Tukwila Police Department
2018
Presented to Council
May 13, 2019
BY
Bruce Linton
Chief of police
HIGHLIGHTS
• Community engagement strategy
• Officer safety/wellness
• Speeding/mail theft/retail theft addressed
• Social media
• Homeless engagement strategy
• Officer training
• De-escalation
• Crisis intervention techniques
• Legal update
• Recruiting and retention
• Technology integration
2
INVESTIGATION DIVISION
• Narcotics Detection K9 Team assisted with
seizures of cash and drugs
• Investigated three homicides
• Regular information sharing meetings with
patrol and external stakeholders
• Pre -employment background investigations
PATROL DIVISION
• 31,266 calls for service
• Focused on crime reduction on
TIB corridor & adjacent
neighborhoods
• Targeted crime hotspots
• Continued success with body -
worn camera/in-car camera
systems
• Online reporting system
• Internal communication
4
01
SUPPORT OPERATIONS DIVISION
• Processed:
• 5,115 records request
• 8,950 police reports
• 218 concealed pistol licenses
• 270 firearm transfers
• 2 dealer licenses
• 3094 items of evidence/property
• Conducted liaison with TS Department
• Implemented and sustained
communications strategies
• Identified relevant law enforcement
grants
5
m PROFESSIONAL STANDARDS DIVISION
• 5700 hours of training
completed
• AIM software went live
• Online reporting launched
• Online training signup
• New training strategies
integrated
6
SPECIAL OPERATIONS DIVISION
• Community engagement strategy developed
• Homeless taskforce developed
• Continued work with International Rescue
Committee
• Partnership with state and federal entities on
security issues
• Bulldog academy
• Traffic unit/Speed Reduction in Tukwila
Neighborhoods Team (SPRINT)
7
w REGIONAL PARTNERSHIPS
Swat
CDU
Puget sound Auto theft task force
VNET
RECOGNITION
Employee of the quarter
• Phil Glover
• Steve Donnelly
• Eric Hines
• Zach Anderson
• Chris Dunn
• Isaiah Harris
• Rory Mettlin
• Zach Anderson
DISTINGUISHED SERVICE MEDALS
• Ron Corrigan
• Gary Koutouvidis
• Trish Lawrence
• Mike Murphy
• Larry Hann
• Rory Mettlin
Meritorious service medal
• Eric Dreyer
Life saving medal
• Patrick Hisa
• Isaiah Harris
Employee of the year
Eric Hines
STATISTICS
2018 2017 2016 2015 2014
Population 20,144 19,107 19,205 19,920 19,765
Calls For Service 31,266 30,691 31,289 30,524 29,840
Violent Crime
Murder 3 0 1 1 1
Rape 27 28 30 20 8
Robbery 74 77 85 62 80
Aggravated Assault 59 66 78 79 97
TOTALS 163 171 194 162 186
Property Crime
Arson 4 7 5 4 8
Burglary 255 192 207 211 249
Theft 2,604 2,461 2,539 2,884 2,674
Auto Thefts 559 478 531 457 471
TOTALS 3,422 3,138 3,282 3,556 3,402
Total Part 1 Crime 3,585 3,309 3,476 3,718 3,588
STATISTICS
2018 2017 2016
Population 20,144 19,107 19,205
Budget 17,966,627 17,481,118 17,855,697
Police Staff:
Commissioned 78 79 79
Non -Commissioned 19 18 18
Calls For Service 31,266 30,691 31,289
Part 1 Crime 3,585 3,309 3,476
Traffic Citations/Infractions Issued 1,486 2,637 3,222
Reported Vehicle Accidents:
Injury 177 171 204
Fatal 2 1 1
Non -Injury (not including hit-and-run) 446 514 510
Injury hit-and-run 13 24 24
TOTALS 638 710 739
11
N BUDGET
Expenditures 2016 Expenses 2017 Expenses 2018 Expenses
Police Operations $ 15,421,819 $ 14,805,332 $ 15,155,622
Jail $ 1,310,736 $ 1,466,963 $ 1,579,506
Dispatch $ 1,015,006 $ 1,096,931 $ 1,131,133
King County Animal Control Services $ 108,136 $ 111,892 $ 100,365
Total Expenditures $ 17,855,697 $ 17,481,118 $ 17,966,627
Revenue Category 2016 Revenue 2017 Revenue 2018 Revenue
Contracted Services $ 472,815 $ 343,257 $ 289,770
Grants $ 314,470 $ 462,459 $ 272,979
Response Generated $ 236,364 $ 236,808 $ 185,970
Total Revenues $ 1,023,649 $ 1,042,524 $ 748,719
ANNUAL BUDGET FIGURES
Budget Category 2016 Budget 2017 Budget 2018 Budget
Police Operations $ 16,248,951 $ 15,556,968 $ 15,804,875
Jail $ 1,494,650 $ 1,484,914 $ 1,633,405
Dispatch $ 963,661 $ 1,127,358 $ 1,168,917
King County Animal Control Services $ 82,500 $ 118,852 $ 118,852
Total Budget (all Post Amendment) $ 18,789,762 $ 18,288,092 $ 18,726,049
THANK Y
ui
14
COUNCIL AGENDA SYNOPSIS
Meeting Date
Prepared by
Ma , 's eniew
Council review
05/06/19
MB
05/13/19
MB
ITEM INFORMATION
ITEM No.
Spec 2
STAN-, SPONSOR.: MAX BAKER
ORIGINAL AGENDA DATE: 05/06/19
AGI,,NDA ITEM TITLE A Comprehensive
(LDR)
Way
Plan and Zoning
to Commercial/Light Industrial
S.
map change
(C/LI)
request from
for the property
Low Density
at 12677 E
Residential
Marginal
CVIEGORY fl Discussion
illtg Date
Motion
Date 05/13/19
E Resolution
Mtg Date
I] Bid Award
Mtg Date
E Other
Altg Date
IA
Ordinance
0 Publzc' Heanng
I11t
Mtg Date 05/13/19
Mtg Date 05/06/19
SPONSOR Council Mcgor E1HR EIDCD l'znazhe DFire •TS
EP&R Police PUD flCotirt
Si) oNSOR' S The Applicant, King County Metro, seeks to rezone the western
SUMMARY split -zoned lot located at 12677 East Marginal Way S, Tukwila,
from Low Density Residential (LDR) to Commercial Light Industrial
Draft Ordinance was considered at the 5/6/19 meeting and is being
Council decides to amend the original Draft Ordinance, staff has
Amendments to Draft Ordinance for review.
half of a 71,440
WA 98168 (the
(C/LI). The
reconsidered.
provided Proposed
square foot
"Property")
original
If
REVIEWED BY E C.O.W. Mtg. E CDN Comm
Trans &Infrastructure E Arts Comm.
DATE: NA
E Finance Comm.
0 Parks Comm.
R Public Safety Comm,
0 Planning Comm,
COMNII 1'1 EE CHAIR:
RECOMMENDATIONS:
spoNsoR/ADmIN.
CommlITEE
Department of Community Development
Quasi -Judicial Item, no Committee
COST IMPACT / FUND SOURCE
EXPENDI FURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
5/6/19
Quasi -Judicial Hearing
MTG. DATE
ATTACHMENTS
05/13/19
Proposed Amendments to Draft Ordinance in strike-thru underlined format
Original Draft Ordinance from 5.6.19 Public Hearing
1 set of Ordinance attachments
15
16
Amended ordinance
5/13/19
Washington
Ordinance No.
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
W: Legislative Development\Rezone Metro property on E Marg Wy final 5-8-19
MB:bjs Review and analysis by Barbara Saxton Page 1 of 4
17
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
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 I. 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 foasiblor-to
the Type 11 stream located within a pipe on the western
half of the property. If daylighting the Type 11 stream is determined to be technically
infeasible by the City, then the property owner shall upgrade the stream culvert for said
stream. The plan to daylight the stream and/or to upgrade the stream culvert 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
W: Legislative Development\Rezone Metro property on E Marg Wy strike-thru 5-8-19
MB:bjs Review and analysis by Barbara Saxton
18
Page 2 of 4
hereafter amended). If daylighting or upgrading of the stream culvert is
p-revendetermined to be technically infeasible by the City,
then the property owner shall plant native plants on the western portion of the Property
in a manner that improves upon the original condition as part of a planting plan to be
approved by the City. Additionally, the property owner shall also remove all existing
impervious surfaces located within the stream buffer within the six year time frame.six
years after the effective date of this ordinance. For the purposes of this section,
"technically infeasible" shall mean "not feasible due to contamination issues, conflict
with utilities, or potential for harm to fish."
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 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.
W: Legislative Development\Rezone Metro property on E Marg Wy strike-thru 5-8-19
MB:bjs Review and analysis by Barbara Saxton Page 3 of 4
19
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Special 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 final 5-8-19
MB:bjs Review and analysis by Barbara Saxton Page 4 of 4
20
Original ordinance
5/6/19
Washington
Ordinance No.
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 Tong -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
21
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.
W: Legislative Development\Rezone Metro property on E Marg Wy 4-24-19
MB:bjs Review and analysis by Barbara Saxton
22
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 Special 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
23
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25
26
Department of Community Development - Jack Pace, Director
Hearing Date:
STAFF REPORT
TO THE CITY COUNCIL
May 6,3OI9
Mailed toproperties and residents within 5OO'radius
Site Posted: 1/23/20I9 and 4/2/3019
Notice published inthe Seattle Times
Altan Ekberg, Mayor
File Numbers: E18-00I6SEPA
L18-0114 Comprehensive Plan Amendment and Rezone
Applicant:
Project Name:
King County Metro
King County Metro Training Facility Rezone
Change Comprehensive Plan and zoning designation ofwest half ofparcel
7345600766 from Low Density Residential to Commercial/Light Industrial
Location: 12677 EAST MARGINAL WAY 5 (Tax Parcel # 7345600766)
CommpnehensiveP|mn/
Zoning Designation: Split Zoning: Low Density Residential (LDR)onwestern half,
Commercial/Light Industrial on eastern half
SEPA Determination: Determination of Non -Significance issued April 23, 2019
Staff: Max Baker
Attachments: A. Site map with project propnsa|p/ans,stornndna|nage
infrastructure, and stream/buffer delineations
B. Applicant's response to Decision Criteria
Tukwila City Hall ^620VJput6centerBoulevard " Tukwila, W# 98188 ^ 206-433-1800 , We6site:
27
|. FINDINGS
Background
This application is part of the 2018-2019 annual docket for amendment of the Comprehensive Plan
(the °P|an°).The purpose ofanannual docket istoensure that changes tothe K]ty'sPlan are only
considered once a year and that they are considered collectively for impact to the Plan.
The Applicant, King County Metro, seeks torezone the western half ofa 71,440 square foot split -
zoned lot located at 12677 East Marginal Way S, Tukwila, WAA816A (the "Property") from Low
Density Residential (LDR) to Commercial Light Industrial (CLI), 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:
l. The parcel is split -zoned: the eastern portion fronting on E Marginal Way S is zoned
Commercial/Light Industrial /r/ |\ and the western portion is zoned Low Density Residential
(LDR). The Property is ideal 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 LDRznning, but conforming tothe r/L| zoning. Rezoning would remove confusion
around applicability of zoning to the 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 I
This non -project proposa|i5aquas'judicia| change tothe land use designation onthe Tukwila
Comprehensive Plan and Zoning rode maps. If the rezone is approved, anyC/L| use would be
permitted subject to all City regulations. The Applicant has stated the intention to construct new small-
scaleoff|ce buildings and an associated bus maintenance training bay.
A neighborhood scale Comprehensive Plan and Zoning Map depicting the Property is below. The map
shows existing Comprehensive Plan and Zoning designations with the Property outlined in turquoise.
Existing LDRzoning isyellow, and existing CUzoning islight purple.
28
2
T=--777-
Figure 1 - Comprehensive Plan and Zoning Map
Site Information
The Property is developed with an office building and associated warehouse structure which has been
used esatrucking facility since atleast l975.
The Property measures about 200' feet wide by 350' feet long on average, and extends north to south,
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 aType 2watercourse (Riverton Creek)
and its lO0-footbuffer 35shown iOgreen Dnthe map belovv."
Figure 2—Relief map with Wetlands and Watercourses
Annexation and Zoning HistorVx
The subject property was created inunincorporated King County asRiverton, arep|atofaportion mf
Riverside Interurban Tracts, on June 15, 1906. Lots 4 and 18-25 of Block 9 of Riverton were acquired by
a single owner and a trucking operation was established on the property. The Becker Family owned the
property atthe time itwas 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. 1479 amended the Comprehensive Land Use Policy Plan Map and
applied the Heavy Industry designation to Lots 1-4 and 22-25 ofBlock 9. Lots 18-21 were designated
Low Density Residential.
In 1995 the City adopted the 1995 Comprehensive Land Use Plan and Map for the City of Tukwila and a
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, TIVI[ 18.09, andTK4C 18.10.020.
30
4
Vicinity Information
The Property is close to SR 599 freeway access.
Land Use
The land uses around the Property reflect the zoning. The property immediately west isdeveloped
with asingle family home. Across SI28th St. tothe 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 is a [/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).
MWVWw"MW
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-l: Single Family Residence 7200" and "C-M: Industrial Park" zoning
designations.
In 1995, the City adopted a new Comprehensive Land Use Plan, Zoning Code, and Zoning Map. This
new zoning code amended the number and names ofzoning districts inthe city: R'Ibecame LDKand
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. The existing
trucking operation is nonconforming on the ILDR-portion of the Property pursuant to the use provisions
in Table 18-6iTK4[ 18.05L and TK4[l8.1O,O30. The trucking operation was in active, continual
operation prior to the lot consolidation and annexation into the City of Tukwila. TMC 18.70 allows
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 17, 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 of the property, to limit hours of operations to reasonable hours, to reduce the amount of
visual impairment at the southeast corner of the lot for drivers pulling on to E Marginal Way S, and to
limit street parking toShours aday.
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.
2. The proposed amendment to the [Comprehensive Plan and] zoning map is consistent with
the goals, objectives, and policies of the Comprehensive Plan
Four broad -reaching objectives are the basis for the elements, goals and policies forTukwila's
Comprehensive Plan. The Comprehensive p|an'sprimary objective ispreserving and enhancing
Tukvvi|a'sneighborhoods.
The Community Image and Identity Element has the following goal:
^4community mfinviting neighborhoods and vibrant business districts. (Goal 1.1)
The policies then speak about recognizableboundades'
Strengthen the image and character of Tukwila's distinct areas and neighborhoods
Applicant Response: The subject property takes primaryoccess from E Marginal Way
and ispart nfonode nfCl/and Neighborhood Commercial /NC[)zoning along this
arterial that /snot one lot d"pn the . Rezoning the west side of
6
32
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
and prohibiting work that could disturb contaminated soils without review and approval
by the Department of Ecology.
Future work cmthe property is required to coordinate with Departmentnf 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 any development/use to be located 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 as natural area for the watercourse.
The City has adopted a Critical Areas Ordinance in TIVIC Chapter 18.45, "Environmentally
SensitiveAreas."Newvdeve|oprnentonthe9ropertyisreqU|n2dtoconnp|yvvith
applicable critical areas requirements tominimize 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
requiresthat''[)nproportiesbeingdeve|opedorre-deVe|bped,orvvhenstream
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
yyAC22Z'16-O]l^Washington Forest Practices Rules and Regu|ations),shall be
upgradedtonneetthestandordsintheVVDFVVnnanua|^OesignofRoadCu|vertsforFish
Passage" (2003 or as updated) if technically feasible."
|fdavighthnoorupgrading ofthe stream isproven tobetechnically 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 be removed to protect
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 C|ty's
comprehensive plan goals.
34
8
Figure 4-Sensitive Areas Map. Type Ustream inpipe flows through northwest corner mfsite; 100
buffers begin from where stream is not in pipe.
Arelevant Economic Development Element policy is:
Promote and preserve economic use mFindustrial lands outside the MIC through
appropriate bgmeqwiremrentsamdmserestriotions (Economic Development
Policy 2.1.16)
Applicant Response: The Subject Site /s/ncmted/ustsouth nfthe MKCboundary, along E
Marginal Way Sand has been /ncontinual use aso commerciaoight industrial property
since prior to annexation in2f89. The proposed rezone supports this policy by preserving
the existing CILI zoning and expanding it slightly to be consistent with the existing parcel
boundary and other similar properties. Additionally, the proposed rezone will eliminate a
con/us/ngsplit-zOn/ngCDVoVtimU,u/bn/ote/udorifying how the Subject Site can baused
and supporting future redevelopment nfthe property.
The CIL/zone and the landscaping neqUirements in Table AofTMC 18.52.939 establish
appropriate buffering requirements and use restrictions toensure that commercial and
light industrial development is compatible with nearby residential uses. In addition,the
r8quirernentfnrostream 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 [/L| 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 isconsistent with the goals, policies and objectives oJthe Comprehensive
2. The proposed amendment tmthe Zoning Map isconsistent with the scope and purpose mfthis
title (the Zoning Code) and the description and purpose of the zone classification applied for.
Pursuant toTIVI[2D.9OJ}lD,the [/L district "is intended toprovide for areas characterized b«a
mix ofcommercial, office, orlight industria|uses.ThestandandsareintendedtopnnmoteViab|e
and attractive commercial and industrial areas." The properties around the intersection of E
Marginal Way and S 138thSt are mix ofcommercial 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 with frontage along E Marginal Way S tend to be zoned and used
as commercial and industrial businesses. Uses transition from much more intense industrial
activities with large warehouses and significant vehicular traffic inthe north tolighter industrial
and commercial uses further south. E Marginal Way 5 is a high -volume arterial with excellent
connectivity to local and regional transportation networks. Along E Marginal Way S, the C/Ll
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 asatrucking facility since prior to its annexation
into the City of Tukwila. Atrucking facility bnonconforming onthe LDR-portionof the site.7IVIC
18.7Oallows legally established nonconforming uses tocontinue and sets forth limitations on
any expansion of nonconforming 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.
3' There are changed conditions since the previous zoning became effective howarrant the
proposed amendment to the Zoning (and Comprehensive Plan) Map
The Property was annexed into the City ofTukwila in19O9and was originallyconnposedof
multiple lots containing "R-1.Single Family Residence 720O"and "[-K4: Industrial Park" zoning
designations. Since then, the number and names ofthe zoning districts inthe City were
subsequently amended, and 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
In the area near the subject property, single-family homes are mainly located awayfrom E
Marginal Way 5 tothe west and tothe east. EMarginal Way Sislargely composed of
commercial and industrial uses stretching from 5R-599 to north down to the intersection of E
Marginal Way Sand 4QthAve Stothe south. Since the I995Comprehensive 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 5 1h St to
36
10
the south was developed in 2017 with a small office structure for Tukwila School District's bus
drivers and general faculty. Parcel 734O6OO774further south was developed asamixed-use
apartment building with ground floor retail iD20O8.Tothe north onparcel 734OOOO48O8
former Group Health office building is currently being replaced with King County Metro's South
Interim Bus Base which will contain offices, abus maintenance garage, and parking for
approximately l6Ocoaches.
Figune5: Commercial/industrial parcels with developments since1995.
The proposed Comprehensive Plan Amendment to reclassify the entire parcel as Commercial
Light Industrial will eliminate a split -zone condition, bring legally established non -conforming
use into conformance with the Tukwila Municipal Code, and establish zoning more consistent
with the conditions along E Marginal Way 5.
4. The proposed amendment tmthe (Comprehensive Plan and) Zoning Map will beinthe
interest mffurtherance mfthe public health, rsafety, comfort, convenience, and general
welfare, and will not adversely affect the surrounding neighborhoods, nor beinjurious to
other properties inthe vicinity inwhich the subject property is located.
Environmental remediation has been completed on the Property and any land -disturbing
activities are required to be coordinated with Department of Ecology to ensure any remaining
11
37
contamination is appropriately remediated. A restrictive covenant has been recorded on the
property tmlimit activities onthe site toprotect the environment and the public health, safety,
and welfare.
In addition and as discussed above, upgrades to the Riverton Creek and related mitigation
would improve the natural area and improve the buffer between adjacent Low Density
Residential properties tothe north and west over the existing site conditions inthe interest of
general health, safety and welfare of the public.
Development requirements set forth in TIVIC Chapter 18.30, "Commercia[/UghtIndustrial (C/LI)
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:
LQR
C/L| of
-_-
Setbacks'
Fcont
20'
25'
Second fnont
DY
15'
~
' Sides�
� �V floor
S'
15
2n, floor
5'
20'
3rd floor
5'
30'
�Rear
IO'
15-30'
Height� ` ',
30^
4/
Standards in the C/Ll zone are in place to minimize impact and any nuisance. No on -site
hazardous substance processing, handing, or'storage ballowed unless clearly incidental tothe
permitted use and i3subject tostate siting criteria. Performance standards are also ineffect in
the [L|for air quality, noise and SEPAcompliance.
U. CONCLUSIONS
1\ Consistencywith 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\ Consbtencywith Zone
~ The requested map change to C/Ll for the entire parcel would remove a split -zone property
from the City zoning map.
38
12
w The amendment would terminate 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
` eenspht-zonedshnceat|eastI99Ei5hncethattimepropertiesa|ongE
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
anoendnoentvviUeUnninateasp|it-zonecOndition^bhnQa|ega||yestah|ishedoon'confornning
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 S.
4) Benefit toconnnnunity
� The community will benefit through redevelopment of the site that will conform with
development regulations set forth in the Tukwila Municipal Code, including but not limited
tnlandscaping, 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.
111. RECOMMENDATION
Staff recommends approving the rezone request to change the existing Low Density Residential (LDR)
zoning toCommercial/Light Industrial /r/ A,withcorresponding[omprehensivep1anandZon|ngnnap
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 todaylight (or, ifday|ightinQisnot feasible, toupgrade the stream culvert for)
the Type 11 stream located within a pipe on the western half of the property. The plan shall
nneetthestandardsintheVVDFVVrnanua|"Des`nofRoad[u|versforFisbPassage°(2OU3oras
updated). If claylighting or upgrading of the stream culvert is proven to be technically infeasible,
the western portions ofthe Property located within the stream buffer area shall be planted
with native plants that improves upon the original condition as part of 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.
3 Failure tocomply with Conditions land 2shall cause the change tothe Zoning Map tnbenull
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 islocated.
13
39
40
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45' SIDE SE:-...1-BAOK
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EASEMEN`'i"
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STREAM .SUFFISER
FL‘.`„A.PAP LEL
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44
Exhibit F: Project -ect and Decision 'n Criteria Narrative
Rezone West Portion 0fParcel No. 7345800766 from LDRtDCIL/
Summary mfRequest
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/L|)consistent with the zoning onthe eastern portion ofthe site. Acontiguous parcel owned
by the same property owner (no. 7345600685) and used as part of the development on parcel
no.73450OO7O6ina/neadyzonedC/L|aOdianotinn|udedinthienaqueS1.
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.
7345O0O7OO) and 12O83EMarginal Way G(parcel no. 73456OOG85)from Blue Nile Holdings,
LLC (see Figure 1\.
Parcel no.
7345600756.
Subject of
request
��_»�����r
`
Figure tBecker Transfer properties outlined inred. Source: King County Map.
The smaller parcel kazoned Commercial Light |nduoth8|(C/L|). The larger parcel |oSp|it'Zoned;
the eastern portion fronting on E Marginal Way S is zoned C/LI and the western portion is zoned
Low Density Residential /LDR>. The site is ideal for Metro's intended future use of the site, but
the split -zoned condition creates uncertainty about how the site could be developed to meet
Metro's needs.
Farcmno�
7345800685.
excluded from
rpques|
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
45
Rezone West Portion of Parcel No. 734560070 from LDR to CILI
Exhibit FiProject and Decision Criteria Narrative
larger planning context and must beconsistent with the vision for Tukwila, and for the
surrounding neighborhoods. K8etrobeUemesfhotU7ereZonok;consjsƒeDtviththeVisiOnand
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 of the site since at least 1975 has been light industrial, specifically a truck terminal use
with accessory vvapehnUae and parking. Truck terminal use is nonconforming to the existing
LDR zoning and conforming to the existing C/Ll zoning (see Figure 2).
Parcel no. 7345O0OOGS.
excluded from request
Parcel no. 7345OOO70O
subject of request
Figure 2: Excerpt of City of Tukwila Comprehensive Plan & Zoning Map, subject properties outlined inred. Purple
zoning is CILI, yellow zoning isLDR
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 isincluded inthis application.
Rezoning the property will strengthen the boundary between the LDR zone to the west and C/Ll
zone along E Marginal VVovE[ It will provide certainty for Metro by ensuring that the office uses
can continue and that the site can b*developed efficiently for those uses. Tnthe extent that
rezoning will remove confusion around applicability of zoning to the site and its nonconforming
status, future redevelopment would beencouraged and that would offer opportunities fomake
the site development more conforming to existing regulations.
Metro's Intended Use mfthe Site and oConceptual Plan
|fthe rezone isapproved, Metro's current thoughts for use ofthe site are for office and indoor
training activities that currently occur nnthe nearby South Base facilities. Metro has provided a
drawing ofwhat apotential layout for office and training — use could look like (see Exhibit |. but is
not seeking any review or approval of that layout at this time. Before K8et[0 can realistically
create a plan for specific uses that addresses opoUoGb/e development standocds, the rezone
would need to be approved. Any future changes tothe site tO allow redevelopment would be
subject to review by the City of Tukwila through Design Review because of the proximity to the
LDRzoOe. Adthe time of a proposed redevelopment ofthe site, Metro would work with the City
ofTukwila toensure compliance with site development standards.
Site Description
The proper -ties are collectively identified inthe King County Assessor's records ms"Becker
Transfer." Parcel no. 7345600766io approximately 1.64 acres (71.440 square feet) in size.
Pa[Ce/no.7345O0OO85iSapprnXinnote|yO.28acren(11.40Ooquarefeet)inaire. Parcel no.
7345600766 is split -zoned: the eastern portion fronting on E Marginal Way S is zoned
Commercial/Light Industrial /C/L|>, and the western portion is zoned Low Density Residential
(LDF7). Parcel no. 73456OQS85|ozoned C/L|. Refer to Figure 2.
Page 2 of 15
46
Rezone West Portion ofParcel No. 7345600766 from 0Rto CILI
Exhibit �Project and Decision Criteria Narrative
The parcels are used mnasingle property that serves aethe base ofoperations for Blue Nile
TrVoNng.LL{. The site joaccessed bvone driveway oMEMarginal Way 8and two driveways
on8128mStreet. Permanent structures include 8service garage, distribution warehouse.
loading dock, and fuel pump built |n1E)75; the remainder ofthe parcels are paved and/or
graveled. Vehicles and trailers of'varying sizes .are stored along the north and west property
lines. Surrounding land uses include a mix ofsingle-family [eaidenha|, commercial, and
industrial.
The east branch ofRiverton Creek |apresent inthe vicinity of and unthe property. The creek
flows through an open ditch and onto the northwest corner of the property for approximately 25
feet before entering anunderground pipe. The creek flows through approximately 1B5feetof
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 toChapter 18.O4TK8C. Granting orezone
and accompanying COrOpreheDsiVePlanO7opchange|s8|/oVvedwhenconeistencyvv|thth8
following criteria can be demonstrated:
1. The proposed amendment to the Zoning Map ioconsistent with the goals, objectives,
and policies orthe Comprehensive Plan.
The proposed amendment is consistent with the applicable Qoals, objectives, and policiesnƒ
the Cby`sComprehensive Plan. The proposed change from LORtoCXL|will clarify the
boundary between the two zones atthe subject location; facilitate future redevelopment
consistent with the character of E Marginal Way S; and eliminate a nonconformity.
The Community Image and Identity element of the Comprehensive Plan establishes a
framework to celebrate the City's history and environment, build on diversity, 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:
� neighborhoods and vibrant busindistricts
The subject property is accessed from E Marginal Way S and S 128th Street. The
parcel is situated at the boundary between commercial and industrial uses on EMoFg/nn|
Way Sand residential uses further west and south inthe area. The property iss/dit-
zoned. leading to o lack of clarity in the use and development of the site. Rezoning the
property will help create econsistent expectation about land use nnthe lot and will
clearly define the residential neighborhood as distinct from the commercial and industrial
uses along EMarginal Way G.
The proposed rezone will expand the C/LI zoning boundary to be consistent with the
property boundary and the current use of the property. The proposed rezone ionot
expected toimpact Ul character ofthe residential area for several reasons. The
residential neighborhood has grown uparound this industrial use that has been in
continual operation since at least 1975 (see response to criterion 2, below, for additional
property history). /\dditionaUy, given that a portion ofthe property is already zoned C/L|.
1 Tukwila Comprehensive Plan, Community Image and Identity Element, page 1-2.
Page 3of 15
47
Rezone West Portion of Parcel No. 734560766 from0R to ClU
Exhibit F: Project 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 of Riverton Creeh, located along the
west side ofthe 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 redevelopment ofthe site which may provide an
opportunity toenhance the aesthetics nfthe site, clearly define the boundary toadjacent
land uses, and provide capital investment into the neighborhood.
°Policy 1.1.2 — Strengthen the image and character mfTukwila's distinct areas and
neighborhoods.
The subject property takes primary access from E Marginal Way S and is part of a node
ofC/L| and Neighborhood Commercial (NCC) zoning along this arterial that is one lot
deep (except ohthe subject parcel) (see Figure 3\. Rezoning the west side ofthe
subject property to be consistent with this district will strengthen the image and character
nfthe node bvclarifying 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 comrnerciaN|ghtinduatr/a| uses along E
Marginal Way S,
Figure 3'Excetpt of City of Tukwila Comprehensive Plan &Zoning Map, subject propertiesoutlined in red.
Economic D9KelonmentElement
The overall goal of the Economic Development element is to enhance the economic well-
being of the oomnlunity, including stimulating economic improvement for individual
businesses and the community, The proposed rezone ioconsistent with this purpose and
addresses the following goals and policies:
Gma2.y Tukwila strong role emm business ancƒ employment
center which allows it to enhance and promote the community's well-being.
The proposed rezone |ssupportive ofthe continued business use ofthe subject property
(and.asdescribed above, is not detrimental tothe residential neighborhood tnthe VvesU.
Page 4 of 15
48
Rezone West Portion ofParcel No. 734560766from 0Rto CIU
Exhibit F: Project and Decision Criteria Narrative
The rezone will eliminate a confusing split -zoning condition, which will clarify how the
property can be used and support future redevelopment of the site as a commercial/light
industrial propertysimU toother uses along EMarginal VVoyS.This contributes to
Tukwila's image as o regional business center. The proposal kyconsistent with policies
intended to implement this goal, as described below.
* Promote and preserve economic use mfindustrial lands outside the
Manufacturing Industrial Center (MIC)through appropriate buffering requirements
and use restrictions.
The subject property |elocated just south Qfthe 'W1/Cboundary, a/ongEW1arg|na|VVayS.
and has been in continual use as a commercial/light industrial property since before the
neighborhood was annexed in 1989. The proposed rezone supports this policy by
preserving the existing {}/L|zoning and expanding it slightly tobeconsistent with the
existing parcel boundary and other similar properties. Additionally, the proposed rezone
will eliminate a confusing 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 toensure that commercial o,
light industrial development is compatible with nearby residential uses. Table A 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 300 feet of a residential zone. These
standards are protective of residential development and ensure commercial and light
industrial development iscompatible with surrounding land uses while also promoting
viable and attractive commercial and industrial areas.
bnaddition, the requirement for a stream buffer also provides n natural division between
the two types of uses.
*Policy 2.tY7-Include standards /othe development regulations for industrial
uses that adequately mitigate tie/ adverse impacts on surrounding
properties and public facilities and services.
In addition to the use and buffering requirements described above, development in the
C/Ll zone is subject to performance standards, including standards adopted by the
Puget Sound Air Pollution Control Agency for odor, dust, smoke, and airborne pollutants;
noise standards adopted inTK4CChapter 8.22;and State and Federal standards for
water quality and hazardous materials. Review under the State Environmental Policy
/\ot (8EPA) provides substantive authority to mitigate potential adverse environmental
Natural Environment Element
The Natural Environment element guides future development in a manner to protect the
oUrnOnUnitv'e environnleAt, improve quality oflife within the City, and protect residents from
natural hazards. The proposed rezone addresses the following goals and policies /nthis
° Goal 4.y-The Citv's air, land, and water resources are andprotected for
future generations and Policy 4.1.5-Develop and implement prmgrams that
encourage Tukwila residents and businesses tgtake active measures tmprotect
Page 5 of 15
49
Rezone West Portion ofParcel No. 7345600766 from 0RtoQLI
Exhibit F: Project and Decision Criteria Narrative
and enhance Tukwilm's natural environment. Such measures could include the
use pfLow Impact Development (techniques,naturalstreambamk
non -toxic lawn care, composting, and recycling, among others.
The proposed rezone will clarify applicable use requirements and position the property
for redevelopment, which presents an opportunity to implement forward -thin king
development techniques such asLow Impact Development ( )andenviron0ento/
enhancement and renlediadion(if neceSeen),consistent with this goal,
The City has adopted a Critical Areas Ordinance inTMCChapter 18'4S.
"Environmentally Sensitive Areas." The purpose of this chapter |ato 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 onthe subject parcel |erequired 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 b}address this sensitive area.
The subject property has already had some environmental remediationand cleanup
related hoits historic use as@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
byingestion and contact. Work was performed under the Model TpxiooControl Act and
the Voluntary Cleanup Program (codified inChapter 173'34OVVAC), Aneutr/ctiVe
covenant is recorded on the property documenting the contamination and cleanup work
and prohibiting work that could disturb contaminated soils without review and approval
bvthe Department ofEcology.
Future work onthe-property is required to coordinate with the Department of Ecology
and address the restrictive covenant onthe property. Substantial disturbance of the
property could result in expanded cleanup efforts to eliminate contamination.
° Goal 4.4—Water resources that function aaehealthy, system; provide
a benefit from enhanced environmental and have the
potential to reduce publicinfrastructure costs.
The east fork of Riverton Creek flows across the northwest corner of the property
primarily through oOunderground pipe. Approximately 2Sfeet ofthe creek flows through
an open ditch before entering an underground pipe, where it travels for approximately
195feet before d$y|ight/ng into another open ditch (see Exhibit G0. Redevelopment
encouraged by the proposed rezone would provide opportunities to address this water
ree0uroe, including improving surface water quality and quantity, restoring degraded
buffer areas, and/or dayUghUnQthe stream. All ofthese opportunities would improve the
health Vfwater resources Gfand downstream ofthe subject stream and provide public
benefits.
*Goal 4.6—Watercourses and their buffers, wetlands and wetland buffers protected
from encroachment and degradation and improved through mitigation,
enhancement restoration projects.
The east fork ofRiverton Creek has asignificantly degraded buffer and |nlow-
functioning duetobeingundergr0UOdedintheproperty'nvic|n|b/. Redevelopment
Page 6 of 15
50
Rezone West Portion ofParcel No. 73456O0766from LDR to CIU
Exhibit F: Project and Decision Criteria Narrative
encouraged bvthe proposed rezone would provide an opportunitytoimprove buffer and
watercourse conditions.
° Policies4.6. 1through 4.6.4—Policies related to regulation ofland use and
development, mitigation requirements, and sensitive areas studies.
The City ofTukwila has adopted a comprehensive Critical Areas Ordinance K8C
Chapter 18.45)toregulate development /nand adjacent tosensitive areas. The
[o0u/aboOs ensure development is/oCatedanddes|gnedtoachieVenonet|Oasof
sensitive areas functions through mitigation sequencing and compensatory mitigation.
Redevelopment encouraged by the proposed rezone is required to comply with these
regulations and provides anopportunity toimprove conditions for the largely
undergroundedotreanO.
� Goal 4.7—The water quality in Tukwila's wetlands, watercourses, fish and wildlife
habitat areas and the Greem0owamish River is improved time.
The stream has a' significantly degraded buffer and is low -functioning due tObeing
undergroundedatand inthe property's vicinity. Redevelopment encouraged bythe
proposed rezone would provide aOopportunity to improve buffer and watercourse
conditions.
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 Manual 2016 (2016 KCSWDM) adopted by the City of Tukwila.
Goal 4.8—Surface water generated by urban developmentdoes not exceed pre-
development discharge rates
re-
zone application will not modify the percentage of impervious surfaces on the site, future
redevelopment encouraged bythe proposed rezone will berequired tocomply with
development standards that will reduce the amount of impervious surface coverage and
detain, treat, and discharge surface water.
Residential NeiahborhoodsElement
The Residential Neighborhoods element focuses onneighborhood auota|mab||hvto
preserve and enhance the sense of community in each residential neighborhood. The
proposed rezone will occur adjacent tpanexisting single-family residential
neighborhood. Because the rezone would affect land currently zoned for single-family
residential use, Goal 7.1 and Po/icy 7.1.1 appear tobemost applicable tothe proposed
rezone and are addressed below:
� Goal 7.Y—Residential Land Use Pattern/A land use pattern that encourages
strong sense of community by grouping compatible and mutually supportive uses
and separating incompatible uses.
The existing property is split -zoned, with the western portion zoned LDR and the eastern
portion zoned C/Ll. Since at least 1975, the property has been used for trucking
operations, which is nonconforming to use requirements in the LDR zone. The split -
zone condition creates confusion in the application of development requirements and
therefore does not tend to encourage a sense of community at that location. In fact, it
Page 7of15
51
Rezone West Portion ofParcel No. 734560766 from 0Rto CILI
Exhibit F'Project and Decision Criteria Narrative
tends toblur the boundary between the residential community and commercial
operations. The proposed rezone will clarify the expectationfor the use and
development o¢the property |nthe future, which will solidify 'the character ofthe
neighborhood /nthe immediate vicinity ofthe rezone and exclude incompatible uses
from the LDF|zone. The east branch ofRiverton Creek creates anatural boundary to
define residential uses from the commercial and industrial uses fronting along E
Marginal Way 8.
°Policy 7.tY—Maintain m comprehensive land use map that supports the
preservation and enhancement ofstablemulti-family
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/LI node around the intersection of E Marginal Way S
and S 128th Street consistent on this parcel by expanding the C/LI 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
coronlarsie( and residential uses.
2. The proposed amendment tmthe Zoning Map ksconsistent with the scope and
purpose ofTIVICTitle 1B,"Zoning Code."and the description and purpose ofthe zone
classification applied for.
The proposed rezone is broadly consistent with the scope and purpose ofTitle 18 TMC.
"Zoning Code." The zoning node implements the City'a 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 toTIVIC18.30,018.the [%L|district "is intended to
provide for areas characterized by a mix of commercial, office, or light industrial uses. The
standards are intended to promote viable and attractive commercial and industrial areas."
The properties around the intersection of E Marginal Way G and 128th Street are am|x of
primarily commercial and industrial uses consistent with the purpose of the C/LI zone,
including the subject property which is used oea trucking facility.
The subject property is similar in character to commerciaUy-andindustria|ly-zoned property
|Othe immediate vicinity (see Figure 4). Proper -ties with frontage along EMarginal Way S
tend tobezoned and used aacommercial 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.
E Marginal Way 8 is a high -volume arterial with excellent connectivity to local and regional
transportation networks. Along EMarginal Way S.the C/Ll zoning serves asological
transition between the Manufacturing Industrial Center 0M|C1and industrial zoning (L)tothe
north and the neighborhood commercial zoning (NCC)tothe south (see Figure 3,8boVe)'
Page Gof 15
52
Rezone West Portion ofParcel No. 734560766 from LDR toQLI
Exhibit F:Project and Decision CtiteriaNe/ratim
XT
Figure 4:Vicinity map, subject property outlined in red. Source: King County 0ap
L[}Flzoning ienot appropriate for the subject site. The purpose cfthe L[}Rzone ia"to
provide |ovv+daOmitvfami|y residential areas together with g full range of urban infrastructure
aen/ioea in order to maintain Steb|m residential neighborhoods, and to prevent intrusions by
incompatible land ua*n." The property has been incontinual operation oaetrucking facility
since prior tnits annexation into the City ofTukwila. Atrucking facility ienonconforming ƒo
the use provisions ofthe LDF<zone. Chapter 187OTK8C,"Nonconfonnity."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 ho
nonconformity and any new use established is required to comply with current use
regulations. |nthis way, TW1CChapter 18.7Oseeks toreduce nonconformity anmuch os
possible. The proposed rezone would bring the nonconforming portion of the trucking
facility (that portion located in the LDR zone) into conformance with the zoning code.
(REMAINDER OFPAGE INTENTIONALLYLEFT BLANK)
Page 9of 15
53
Rezone West Portion ofParcel No. 04560766 from 0Rto CIU
Exhibit eProject and Decision CritenaNarrative
There are changed conditions since the previous zoning became effective towarrant
the proposed amendmenttothe 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 FUverton, a rep|ed of o
oo�ionofRiverside Interurban Tracts, onJune 15. 190 Figure 5B� Contemporary
legal deChpt/ n |srefer tothis area ae"Riverton Addition." Thereafter, Lots 4and 18-25
of Block 9 of Riverton were acquired by a single owner and a trucking operation was
established onthe propertu The Becker family owned the property @tthe time itwas
developed with the current service garage, distribution warehouse, loading dooh, and related
improvements 'in1A75.
Figure 5: Excerpt of Riverton, a replat of part of Riverside Interurban Tracts, recorded in Volume 13 of Plats,
Page 36, records of King County, Washington. Image shows all 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 1281h Street.
2Plat ofRiverton, King County Recording No. 4OO820.recorded June 15.19O8inVolume 13ofPlats, Page 36.
Records of King County, WA.
^ The lots were likely purchased bythe 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 |noperation since 1A2§and operates out ufTukwila. Becker Transfer Co. bills itself anafourth-
generation tnonupmfahononmpanyandopomtenoutof|smaqumh.
Page 10 of.15
54
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.
g4
*10
EXPOSIT El
ATTACKMENT
LIEQEPID
,'Agggt. g
TUKWILA AMDEt COMPFIEHEMSIV LAND ti50 fitAks)
Figure 6; Exhibit B, 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
55
Rezone West Portion of Parcel No. 7345600766 from LDR to C/Ll
Exhibit F: Project and Decision Criteria Narrative
Ordinance no. 1480 amended the zoning map (see Figure 7). Lots 4 and 22-25 of Block 9
were zoned Industrial Park (C-M). Lots 18-21 were zoned Single Family Residence (R-1).
Ord. 1481 adopted zoning code text amendments related to the Riverton Annexation.
t
Swim**
111 in"
MIMI= IL
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rstr****11....«* 11,41 •
$,1111111111,111"11:1*
a oak la sear. at at *lit .!***.
4.1111.011110110,11111111.1 :!:;;00,,„
_ALET*«Tr.711rWPort .******
oisOttoo°*•4101644****roldtaji,„4
ammo impirviPlop*.itoor**," ****
A littioio.11.
*04111111111***
R• 1 SINGLE FAMILY RFSIDENCE(12 000'
SINGLE FAMILY RESIDENCE (7200 SF )
- 4 L 0 V M • N
RMH MULTIPLE RESIDENCE HIGH DENSITY
C• I COMMUNITY RETAIL BUSINESS
C-2 REGIONAL RETAIL BUSINESS
••,..1•••••••••.,
INDUSTRIAL PARK
rrt
m• 1 LIGHT INDUSTRY
5414
Ei M-2 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-1 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, 1989. A zoning map was included with this
ordinance confirming the zoning classifications applied in ordinance no. 1480 for the subject
property (see Figure 8).
R-1 SINGLE FAMILY RESIDEN
R-4 LOW APARTMENTS
RMH MULTIPLE RESIDENCE HIGH DENSITY
C-1 COMMUNITY RETAIL BUSINESS
eCr, t I A I oc-rn SINESS
C-MNDUSTRIAL PARK
M-1 LIGHT INDUSTRY
M-2 HEAVY INDUSTRY
Figure 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.
In 1995, the City of Tukwila began to rewrite its comprehensive plan and zoning code to
conform to the recently -adopted Growth Management Act. Ordinance no. 1757 repealed
ordinance no. 1479 (among others) and adopted the 1995 Comprehensive Land Use Plan
and Map for the City of Tukwila. Ordinance no. 1758 repealed ordinance no. 1481 (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-1 became
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 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, TMC 18.09, and TMC 18.10.020.
Page 12 of 15
56
Rezone West Portion m'Parcel No. 7345600766 from LDR to CIU
Exhibit F: Project and Decision Criteria Narrative
The Becker family sold the property in2OO5toC&DWells, LLC. C&OWells, LLCsold the
property to Blue yJUe Holdings, LLCin 2016. Blue Njk* Trucking, LLC continues to operate a
trucking business from the property.
The initial zoning districts appliedhl198O'1BOSdo not appear hohave been based on
existing conditions o[uses. The trucking business was in active operation onthe site
(having completed improvements inthe m|d-1Q7Oc0atthe time. The character nfthe
neighborhood has changed dramatically since zoning was initially applied and continues tV
evolve tothis day. Industrial uses have spread southward from the Ouvvanlish
Manufacturing Industrial Center(K8/C) and GR-589. As a resu|t, residential development has
occurred generally further tothe south ofthe site, EMarginal Way 5has become
increasingly used for freight and other large vehicles. The evolution nfneighborhood
character isochanged condition warranting anamendment to the zoning map. The
amendment will also eliminate asplit-zone condition, bring o legally -established
nonconforming use into conformance with the TMC, and establish zoning more consistent
with the conditions along EMarginal Way 8.
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 tPotherpropertieo
inthe vicinity inwhich the subject property located.
The request would extend the Cornrnennie|/L^hY Industrial (CyL|) boundary from the
approximate center of a parcel to include the full boundaries of the parcel. The C/L|zone
a||OVVs a number ofcommercial and light industrial uses that any consistent with the
character ofEMarginal Way S'and nearby industrial uses.
Impacts toneighboring residential properties are not anticipated. The residential
neighborhood has grown up around the existing commercial/industrial business and the
eastern portion ofthe property is alreadyzoned 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."Commercial/LightIndustrial
(C/LI)District."establish appropriate buffers, increase setbacks compared to those required
under the LDR zone. require landscaping screening to separate the CIL| uses from
residential development, and require a stream buffer from the east branch of Riverton
Creek. See Table 1, bg|oVV, for comparison ofC/L| and LQR dimensional standards. In
addition to dimensional requirements, new developments must demonstrate adherence to
performance st8ndgrdn, including standards adopted by the Puget Sound Air Pollution
Control Agency for odor, dust, smoke, and airborne pollutants; nose standards adopted in in
Chapter 8.22 TK8C; and State and Federal standards for water quality d hazardous
materials. Review under the State Environmental Policy Act (8EPA) provides substantive
authority to mitigate potential adverse environmental impacts for future development.
Design review io required for any new development within 3OOfeet ofa residential zoning
district, which VVoU|d apply to the subject property. Design review is intended to create well -
designed developments that are harmonious with the natural and manmade environments.
Review criteria for C/L| developments are related tOthe following topics:
° Relationship ofstructure to site;
* Relationship of structure and site to adjoining area;
• Landscaping and site treatment;
Page 13of15
57
Rezone West PoltimohParcel No. 734560V766 frnnLDR to CILI
Exhibit FProject and Decision Ctiteria 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 bythe Director of
Community Development oFquasi-judicially bVthe Board of Architectural Review. Design
review can include conditions nfapproval to address any potential issues that arise during
review.
Table Y:Cmmpaiison of CILI and LDR dimensionalrequirements.
Zoning Standard
C/L/Zmne |LDR Zone
Development Area
None 14596
Setbacks to Yards.
* Front
• Second Front
° Sides
° Rear
nDininnunn
° 25feet
° 15feet (near LOR)
* 15feet (1 It floor near LDR)
20#aet CZnd floor near LOR0
3Ofeet (3m floor near LDR)
° 15feet (1,t floor near LOR)
2Ofeet /2nufloor near LORl
3Ofeet (3rlfloor near LOR)
° 20feet
* 10fget
~ 5feet
* 10feet
Height, nlaXinnunn
4 stories or45feet
30feet
Landscape Requirements
° Front
° Sides
~ Rear
* 15feet (near LDR)
° 1Sfeet (near LDR)
° 15feet (near LDR)
None '
Environmental remediation has been completed on the site and any land -disturbing activities
are required to be coordinated with the Department of Ecology to ensure any remaining
contamination ieappropriately renoedinted' /\ restrictive covenant has been recorded nnthe
property to limit activities on the site to protect the environment and the public health, safety,
and welfare.
Conclusion
The request, ifapproved, will rezone the western portion Ofparcel no. 73456OO7GGfrom Low
Density Residential (LDR) to Commercial/Light Industrial (C/Ll), thus removing thesplit-zone
condition and recognizing the use that has occupied the site since adleast the 1B7Os. Metro is
seeking the rezone to facilitate its use of the property. The responses to the decision criteria set
forth in TIVIC 1O.84.O2Oconsider the rezone within the larger context ofthe City'splan for this
area, including the full scope 0fallowable uses within the C/L|zone. The same range ofuses is
currently allowed on the east portion of the subject property and, with buffers, Setbacks, and
landscaping requirements, redevelopment toeconforming use would offer opportunities tD
address site conditions or potential impacts and result in a net benefit to the neighborhood.
wThe proposal is consistent with the Tukwila Comprehensive Plan, including | in the
Community Image and Identity, Economic Development, Natural Environment, and
Residential Neighborhoods elements. The proposal protects existing commercial/light
industrial land and positions itfor future redevelopment. Redevelopment ofthe property will
occur in conformance with development and environmental regulations, and presents
Page 14 of 15
58
Rezone West Portion ofParcel No. 734560766 from 0Rto CID
Exhibit F:Project and Decision Criteria Narrative
significant opportunities to protect, enhance,or restore natural features. The rezone will
eliminate asplit-zone condition and create a clearly defined boundary between residential
and non-residential uses.
m The proposal is consistent with Title 18 TMC in general and the purpose and intent of the
C/L|zone set forth inChapter 18,3OTK8C. The property ie|nanarea characterized bvamix
ofcommercial and light industrial uses and fronts along EMarginal Way S`abusy 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 (MI . 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.
w The proposal is protective of the public health, safety, and welfare and will not adversely
affect the surrounding neighborhood. Basic development standards, performance
atandards, and critical areas requirements mitigate potential adverse impacts tothe
residential neighborhood. Design review isrequired when new development occurs within
3OOfeet ofaresidential zone, which will ensure the use and site design isfully compatible
with existing residential neighborhoods.
Metro believes that this application demonstrates that arezone iaconsistent with and satisfies
the approval criteria inTMC18.84-O2O. Metro therefore respectfullyrequ8nt approval of
rezone request.
Page 15 of
59
60
METRO REZONE LEGAL DESCRIPTION AND SITE MAP
COMPREHENSIVE PLAN AND ZONING MAP CHANGE FILE L18-0114
. .. . . . .
.. . . . 1 .
.:941
. ' : . ... . .. ..... . ..
t4.04:S.S.
4'. 9i411404.Q5
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
PART
n RNE:=
VOL • VO.,
61
62
Upcoming Meetings and Events
May 2019
13th (MONDAY)
14th (TUESDAY)
15th (WEDNESDAY)
16th (THURSDAY)
17th (FRIDAY)
18th (SATURDAY)
', Civil Service
Commission
5:00 PM
Human Resources
Conference Room
,,,, Finance
Committee
530 PM
Hazelnut
Conference Room
, City Council
Committee of the
Whole Meeting
7:00 PM
Council Chambers
/ ',•. °- it
.r, ,
1111f
,t
Flagpole Ceremony
9:00 AM
Tukwila City Hall
..:- Community
Development &
Neighborhoods
Committee
5:30 PM
Hazelnut
Conference
Room
D Tukwila
International
Boulevard
Action
Committee
7:00 PM
Valley View
Sewer District
3460 S 148th St
'," Park Commission
& Arts Commission
Special Joint
Meeting
5:30 PM
Community Center
GREEN V
Duwamish Hill
Preserve Work Party
10:00 AM -1:00 PM
3800 S 115th St
To sign-up, visit
ww w.TukwilaWA.gov/
GreenTukwila.
.
FAB
FOLLAB
ffree 61m(
Tukwila Youths and
Community Members
Performance
(Sponsored by Tukwila
Arts Commission)
6:30 PM
Foster High School
Performing Arts Center
4242 S 144th St
,' ' TUKWILA
PM
7:00TUKWILA
Valley View Sewer
District
3460 S 148th St
wvvw.actiontukwila.org
''*' "
i �JSTORICAL k
0 , SOCIETY '-
7:00 PM
Tukwila Heritage &
Cultural Center
14475 59th Ave S
20th (MONDAY)
21" (TUESDAY)
22d (WEDNESDAY)
23rd (THURSDAY)
24th (FRIDAY)
25th (SATURDAY)
Public Safety
Committee
5:30 PM
Hazelnut
Conference Room
City Council
Regular Meeting
7:00 PM
Council Chambers
'..- Transportation &
Infrastructure
Committee
5:30 PM
Hazelnut
Conference
Room
'..* Arts
Commisaion'
CANCELLED
",,, Planning
Commission
6:30 PM
Council Chambers
;',7r v:",,1 NAL BLvi
..440
4-=
Act on
, IiY cumnitttee , 4
Trash Pick -Up Day
For more information,
call Sharon Mann at
206-200-3616.
interested in running
Dates for filing with King County Elections
King County and April 29 through May 17 (by
Elections
for local office in Tukwila?
are May 13 through May 17 (in person or online)
'
ineill. Visit KingCounty govielections,aspx.
Arts Commission: 4th Wed., 6:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305.
Civil Service Commission: 2nd Mon., 5:00 PM, Human Resources Conference Room. Contact Michelle Godyn at 206-431-2187.
Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at
206-433-8993. (2a) Authorization to apply for 2020 Community Development Block Grant funds for Minor Home Repair. (2b) Ordinance renewing a
moratorium within Tukwila International Boulevard Study Area. (2c) Lodging fax application from City of Tukwila in amount of $5,000 for International
Food Truck Roundup. (2d) Update on housing issues. (2e) Port of Seattle grant application for economic development work.
COPCAB (Community Oriented Policing Citizens Advisory Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room.
Contact Chris Partman at 206-431-2197.
Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conference Room, Contact Niesha Fort -Brooks at 206-454-7564.
Finance Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. (2a) Resolution appointing
Finance Director as designated official for Bond expenditures. (2b) March 2019 departmental budget-to-actuals report.
Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342.
Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332.
Planning Commission/Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall, Contact Wynetta Bivens at
206-431-3670.
Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993.
Transportation and Infrastructure Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conference Room, Contact Laurel Humphrey at
206-433-8993.
Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59th Avenue S.
Contact Louise Jones -Brown at 206-244-4478.
Tukwila International Boulevard Action Committee: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Bruce Linton at 206-433-1815.
63
Tentative Agenda Schedule
®NTH
MEETING 1 -
REGULAR
MEETING 2 -
'C,0:ir{f: '
MEETING 3 -
REGULAR
MEETING 4
C a.HIf.
May
6
13
See agenda packet
cover sheet for this
week's agenda:
May 13, 2019
Committee of the
Whole Meeting, to be
immediately followed
by a Special Meeting.
20
Special Presentation.
28 (Tuesday)
Special Presentation:
- Update on the Small
Business
Development Center
and StartZone
Program.
- Update on King
County -Cities Climate
Collaboration.
- Police Department
Life Saving Awards
- 2018 Police
Department Annual
Report
June
3
Proclamation:
10
Public Hearing:
17
Unfinished Business:
24
A proclamation
recognizing June as
"Pride Month" in
Tukwila.
An ordinance for
zoning code
amendment for
Tukwila South,
An ordinance for
zoning code
amendment for
Tukwila South.
64