HomeMy WebLinkAboutOrd 2605 - Rezone King County Metro Property at 12677 East Marginal Way South to Commercial/Light Industrial (C/LI) OnlyWashington
Ordinance No. 6 0.6
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
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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 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 the Type II stream located within a pipe
on the western half of the property. If daylighting the Type II 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 hereafter amended). If daylighting or upgrading of the stream culvert is
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determined 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 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 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.
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at a Special Meeting thereof this cl Oday of
ATTEST/AUTHENTICATED:
Christy O'Flarferty, MMC, City CI
APPROVED AS TO FORM BY:
v41/
Rachel B. Turpin, City Attorney
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
n` ,2019.
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
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Department of Community Development - Jack Pace, Director
Hearing Date:
Notification:
STAFF REPORT
TO THE CITY COUNCIL
May 6, 2019
Mailed to properties and residents within 500' radius
Site Posted: 1/23/2019 and 4/2/2019
Notice published in the Seattle Times
Allan Ekberg, Mayor
File Numbers: E18-0016 SEPA
L18-0114 Comprehensive Plan Amendment and Rezone
Applicant:
Project Name:
Request:
King County Metro
King County Metro Training Facility Rezone
Change Comprehensive Plan and zoning designation of west half of parcel
7345600766 from Low Density Residential to Commercial/Light Industrial
Location: 12677 EAST MARGINAL WAY S (Tax Parcel # 7345600766)
Comprehensive Plan/
Zoning Designation: Split Zoning: Low Density Residential (LDR) on western 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 proposal plans, storm drainage
infrastructure, and stream/buffer delineations
B. Applicant's response to Decision Criteria
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
I. FINDINGS
Background
This application is part of the 2018-2019 annual docket for amendment of the Comprehensive Plan
(the "Plan"). The purpose of an annual docket is to ensure that changes to the City's Plan are only
considered once a year and that they are considered collectively for impact to the Plan.
The Applicant, King County Metro, seeks to rezone the western half of a 71,440 square foot split -
zoned lot located at 12677 East Marginal Way S, Tukwila, WA 98168 (the "Property") from Low
Density Residential (LDR) to Commercial Light Industrial (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:
1. The parcel is split -zoned: the eastern portion fronting on E Marginal Way S is zoned
Commercial/Light Industrial (C/LI) 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 LDR zoning, but conforming to the C/LI zoning. Rezoning would remove confusion
around applicability of zoning to the Property and its nonconforming status, encouraging future
redevelopment conforming to existing regulations.
3. Rezoning the Property will strengthen the boundary between the LDR zone to the west and C/LI
zone along E Marginal Way S.
This non -project proposal is a quasi-judicial change to the land use designation on the Tukwila
Comprehensive Plan and Zoning Code maps. If the rezone is approved, any C/LI use would be
permitted subject to all City regulations. The Applicant has stated the intention to construct new small-
scale office buildings and an associated bus maintenance training bay.
A 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 LDR zoning is yellow, and existing CLI zoning is Tight purple.
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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 as a trucking facility since at least 1975.
The Property measures about 200' feet wide by 350' feet long on average, and extends north to south,
fronting on E Marginal Way S and S 128th St.
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The east fork of Riverton Creek flows across the northwest corner of the Property through an
underground pipe.
The Property contains environmentally sensitive areas, including a Type 2 watercourse (Riverton Creek)
and its 100-foot buffer as shown in green on the map below."
Figure 2 — Relief map with Wetlands and Watercourses
Annexation and Zoning History:
The subject property was created in unincorporated King County as Riverton, a replat of a portion of
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 at the time it was developed with the current service garage, distribution warehouse, loading
dock, and related improvements in 1975. The Property was annexed into Tukwila in 1989 as part of the
Riverton Annexation. Ordinance no. 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.
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, TMC 18.09, and TMC 18.10.020.
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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 is developed
with a single family home. Across S 128th St. to the south is Tukwila 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 to the north of the Property is a C/LI property containing a former 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).
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Figure 3 - Land Use Map
Existing Regulations
Current Conditions
The Property was annexed into the City of Tukwila on April 15, 1989, as part of Ordinance No. 1508. A
zoning map included with this ordinance confirmed the zoning classifications applied in Ordinance No.
1480 (Effective Date October 18, 1988) for the subject property. The Property was originally composed
of multiple lots containing "R-1: Single Family Residence 7200" and "C-M: Industrial Park" zoning
designations.
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 of zoning districts in the city: R-1 became LDR and
C-M became C/LI. Between 1989 and 1995, the Tots composing the Property appear to have been
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consolidated. However, the zoning boundary was not changed as part of either the lot consolidation or
the 1995 Comprehensive Plan adoption, and the Property remains split -zoned today. The existing
trucking operation is nonconforming on the LDR-portion of the Property pursuant to the use provisions
in Table 18-6, TMC 18.09, and TMC 18.10.020. 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 to 5 hours a day.
Two residential property owners expressed concern via email about the past contamination of the
Property and potential impacts to the stream, as well the need for vegetated buffering around the site
especially along the western portion adjacent to neighboring homes. They also expressed a desire to
see the stream improved for fish habitat.
Comprehensive Plan and Zoning Map Amendment Criteria
The Applicant's response to the decision criteria is attached as Attachment B.
1. The proposed amendment to the (Comprehensive Plan and) zoning map is consistent with
the goals, objectives, and policies of the Comprehensive Plan
Four broad -reaching objectives are the basis for the elements, goals and policies for Tukwila's
Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing
Tukwila's neighborhoods.
The Community Image and Identity Element has the following goal:
A community of inviting neighborhoods and vibrant business districts. (Goal 1.1)
The policies then speak about recognizable boundaries.
Strengthen the image and character of Tukwila's distinct areas and neighborhoods
(Policy 1.1.2)
Applicant Response: The subject property takes primary access from E Marginal Way S
and is part of a node of C/L1 and Neighborhood Commercial (NCC) zoning along this
arterial that is not one lot deep (except on the subject parcel). Rezoning the west side of
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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 on the property is required to coordinate with Department of Ecology and
address the restrictive covenant on the property. Substantial disturbance of the property
could result in expanded cleanup efforts to eliminate contamination.
Staff Response: Redevelopment of the Property as a commercial or Tight 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 a natural area for the watercourse.
The City has adopted a Critical Areas Ordinance in TMC Chapter 18.45, "Environmentally
Sensitive Areas." New development on the Property is required to comply with
applicable critical areas requirements to minimize development impacts using best
available science. The east fork of Riverton Creek flows across the northwest corner of
the property through an underground pipe (see Figure 4), and redevelopment of the
property presents an opportunity to upgrade this sensitive area. TMC 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."
If daylighting or upgrading of the stream is proven to be technically infeasible, the
western portions of the Property located within the stream buffer area could be planted
with native plants that improves the original condition in species diversity and density,
and all existing durable surfaces within the stream buffer could 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 City's
comprehensive plan goals.
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IsofP
Figure 4 — Sensitive Areas Map. Type II stream in pipe flows through northwest corner of site; 100'
buffers begin from where stream is not in pipe.
A relevant Economic Development Element policy is:
Promote and preserve economic use of industrial lands outside the MIC through
appropriate buffering requirements and use restrictions. (Economic Development
Policy 2.1.16)
Applicant Response: The Subject Site is located just south of the MIC boundary, along E
Marginal Way S, and has been in continual use as a commercial/light industrial property
since prior to annexation in 1989. The proposed rezone supports this policy by preserving
the existing C/LI zoning and expanding it slightly to be consistent with the existing parcel
boundary and other similar properties. Additionally, the proposed rezone will eliminate a
confusing split -zoning condition, ultimately clarifying how the Subject Site can be used
and supporting future redevelopment of the property.
The C/LI zone and the landscaping requirements in Table A of TMC 18.52.939 establish
appropriate buffering requirements and use restrictions to ensure that commercial and
light industrial development is compatible with nearby residential uses. In addition, the
requirement for a stream buffer also provides a natural division between the two types
of uses.
Staff Response: City staff concurs with the applicant's response; increased setback and
screening requirements are set forth for C/LI properties located adjacent to any
residential property including those zoned LDR. Additionally, the property has been in
continuous use as a truck terminal since before annexation into the City of Tukwila, and
this proposal will work to preserve a historically industrial land while enhancing the
buffers for surrounding properties.
Overall, this proposal is consistent with the goals, policies and objectives of the Comprehensive
Plan.
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2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this
title (the Zoning Code) and the description and purpose of the zone classification applied for.
Pursuant to TMC 18.30.010, the C/LI district "is intended to provide for areas characterized by a
mix of commercial, office, or Tight industrial uses. The standards are intended to promote viable
and attractive commercial and industrial areas." The properties around the intersection of E
Marginal Way S and S 128th St are a mix of commercial and industrial uses consistent with the
purpose of the C/LI 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 in the north to lighter industrial
and commercial uses further south. E Marginal Way S is a high -volume arterial with excellent
connectivity to local and regional transportation networks. Along E Marginal Way S, the C/LI
zoning serves as a logical transition between the Manufacturing Industrial Center (MIC) to the
north and the Neighborhood Commercial Center (NCC) zoning to the south.
The Property has been in continual operation as a trucking facility since prior to its annexation
into the City of Tukwila. A trucking facility is nonconforming on the LDR-portion of the site. TMC
18.70 allows legally established nonconforming uses to continue 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 to warrant the
proposed amendment to the Zoning (and Comprehensive Plan) Map
The Property was annexed into the City of Tukwila in 1989 and was originally composed of
multiple Tots containing "R-1: Single Family Residence 7200" and "C-M: Industrial Park" zoning
designations. Since then, the number and names of the zoning districts in the City were
subsequently amended, and the lots composing the Property appear to have been
consolidated. However, the zoning boundary was not changed as part of either the lot
consolidation or the 1995 Comprehensive Plan adoption, and the property remains split -zoned
today.
In the area near the subject property, single-family homes are mainly located away from E
Marginal Way S to the west and to the east. E Marginal Way S is largely composed of
commercial and industrial uses stretching from SR-599 to north down to the intersection of E
Marginal Way S and 40th Ave S to the south. Since the 1995 Comprehensive Plan adoption the
surrounding area has seen a marked increase in commercial and light industrial development.
Parcel 7345600675 immediately north of the Property contains a former single-family home in
the C/LI district that was converted to office use in 2008. Parcel 2384200010 across S 128th St to
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the south was developed in 2017 with a small office structure for Tukwila School District's bus
drivers and general faculty. Parcel 7340600774 further south was developed as a mixed -use
apartment building with ground floor retail in 2008. To the north on parcel 7340600480 a
former Group Health office building is currently being replaced with King County Metro's South
Interim Bus Base which will contain offices, a bus maintenance garage, and parking for
approximately 160 coaches.
Figure 5: Commercial/Industrial parcels with developments since 1995.
The proposed Comprehensive Plan Amendment to reclassify the entire parcel as Commercial
Light Industrial will eliminate a split -zone condition, bring a legally established non -conforming
use into conformance with the Tukwila Municipal Code, and establish zoning more consistent
with the conditions along E Marginal Way S.
4. The proposed amendment to the (Comprehensive Plan and) Zoning Map will be in the
interest of furtherance of the public health, safety, comfort, convenience, and general
welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to
other properties in the vicinity in which the subject property is located.
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
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contamination is appropriately remediated. A restrictive covenant has been recorded on the
property to limit activities on the site to protect the environment and the public health, safety,
and welfare.
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 to the north and west over the existing site conditions in the interest of
general health, safety and welfare of the public.
Development requirements set forth in TMC Chapter 18.30, "Commercial/Light Industrial (C/LI)
District," establish appropriate buffers, increase setbacks compared to those required under
the LDR zone, and require landscaping screening to separate the C/LI 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/LI district to the western property boundary. Below is a table comparing
the setback and height requirements for the two zones:
LDR
C/LI (when w/in 50 ft of
LDR)
Setbacks
Front
20'
25'
Second front
10'
15'
Sides
1" floor
5'
15'
2"d floor
5'
20'
3rd floor
5'
30'
Rear
10'
15-30'
Height
30'
45'
Standards in the C/LI zone are in place to minimize impact and any nuisance. No on -site
hazardous substance processing, handing, or storage is allowed unless clearly incidental to the
permitted use and is subject to state siting criteria. Performance standards are also in effect in
the CLI for air quality, noise and SEPA compliance.
II. CONCLUSIONS
1) Consistency with Comprehensive Plan
• The proposed rezone is consistent with the Comprehensive Plan objectives, goals and
policies which acknowledge the need to maintain and support commercial/industrial lands
outside of the Manufacturing Industrial Center in a way that reduces impacts on adjacent
properties and/or residential neighborhoods.
2) Consistency with Zone
• The requested map change to C/LI for the entire parcel would remove a split -zone property
from the City zoning map.
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• 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 been split -zoned since at least 1995. Since that time properties along E
Marginal Way S have been developed with a combination of commercial and light industrial
uses, including but not limited the King County Metro South Interim Bus Base. The
amendment will eliminate a split -zone condition, bring a legally established non -conforming
use into conformance with standards for the Commercial/Light Industrial district in the
Tukwila Municipal Code, and establish zoning more consistent with the conditions along E
Marginal Way S.
Benefit to community
• 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
to landscaping, setbacks, enhanced buffers from residential areas, and a significantly
improved environment for the Type 2 stream that runs adjacent to and through the western
portion of the Property.
III. RECOMMENDATION
Staff recommends approving the rezone request to change the existing Low Density Residential (LDR)
zoning to Commercial/Light Industrial (C/LI), with corresponding Comprehensive Plan and Zoning map
amendments, subject to the following conditions:
1. Within six years of the effective date of this ordinance, property owner shall implement a City
approved plan to daylight (or, if daylighting is not feasible, to upgrade the stream culvert for)
the Type II stream located within a pipe on the western half of the property. The plan shall
meet the standards in the WDFW manual "Design of Road Culverts for Fish Passage" (2003 or as
updated). If daylighting or upgrading of the stream culvert is proven to be technically infeasible,
the western portions of the Property located within the stream buffer area shall be planted
with native plants that improves upon the original condition as part of a planting plan to be
approved by the City. Additionally, the property owner shall remove all existing impervious
surfaces located within the stream buffer within the 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 to comply with Conditions 1 and 2 shall cause the change to the Zoning Map to be null
and void, the subject property shall revert to the zoning immediately preceding passage of this
ordinance, and any non -conforming use shall cease to exist and any subsequent use shall
conform to the regulations specified by the Tukwila Municipal Code for the district in which
such use is located.
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Exhibit F: Project and Decision Criteria Narrative
Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI
Summary of Request
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/LI) consistent with the zoning on the eastern portion of the site. A contiguous parcel owned
by the same property owner (no. 7345600685) and used as part of the development on parcel
no. 7345600766 is already zoned C/LI and is not included in this request.
Summary of the 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.
7345600766) and 12633 E Marginal Way S (parcel no. 7345600685) from Blue Nile Holdings,
LLC (see Figure 1).
EMI
Parcel no.
7345600766,
subject of
request
Figure 1: Becker Transfer properties outlined in red. Source: King County iMap.
The smaller parcel is zoned Commercial Light Industrial (C/LI). The larger parcel is split -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.
Parcel no.
7345600685,
excluded from
requesl
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
Pagel of 15
Rezone West Portion of Parcel No. 7345600766 from LDR to C/Ll
Exhibit F: Project and Decision Criteria Narrative
larger planning context and must be consistent with the vision for Tukwila, and for the
surrounding neighborhoods. Metro believes that the rezone is consistent with the vision and
character for this area, and that in the long term will provide opportunities for enhancement of
the boundary between the residential and commercial areas.
The use of the site since at least 1975 has been light industrial, specifically a truck terminal use
with accessory warehouse and parking. Truck terminal use is nonconforming to the existing
LDR zoning and conforming to the existing C/LI zoning (see Figure 2).
Parcel no. 7345600766,
subject of request
Parcel no. 7345600685,
excluded from request
Figure 2: Excerpt of City of Tukwila Comprehensive Plan & Zoning Map, subject properties outlined in red. Purple
zoning is C/LI, yellow zoning is LDR.
Split -zoning is discouraged by the City of Tukwila's Comprehensive Plan and tends to create
uncertainty for future development or redevelopment. A history of the land use and zoning on
the property is included in this application.
Rezoning the property will strengthen the boundary between the LDR zone to the west and C/LI
zone along E Marginal Way S. It will provide certainty for Metro by ensuring that the office uses
can continue and that the site can be developed efficiently for those uses. To the extent that
rezoning will remove confusion around applicability of zoning to the site and its nonconforming
status, future redevelopment would be encouraged and that would offer opportunities to make
the site development more conforming to existing regulations.
Metro's Intended Use of the Site and a Conceptual Plan
If the rezone is approved, Metro's current thoughts for use of the site are for office and indoor
training activities that currently occur on the nearby South Base facilities. Metro has provided a
drawing of what a potential layout for office and training use could look like (see Exhibit I), but is
not seeking any review or approval of that layout at this time. Before Metro can realistically
create a plan for specific uses that addresses applicable development standards, the rezone
would need to be approved. Any future changes to the site to allow redevelopment would be
subject to review by the City of Tukwila through Design Review because of the proximity to the
LDR zone. At the time of a proposed redevelopment of the site, Metro would work with the City
of Tukwila to ensure compliance with site development standards.
Site Description
The properties are collectively identified in the King County Assessor's records as "Becker
Transfer." Parcel no. 7345600766 is approximately 1.64 acres (71,440 square feet) in size.
Parcel no. 7345600685 is approximately 0.26 acres (11,490 square feet) in size. Parcel no.
7345600766 is split -zoned: the eastern portion fronting on E Marginal Way S is zoned
Commercial/Light Industrial (C/LI), and the western portion is zoned Low Density Residential
(LDR). Parcel no. 7345600685 is zoned C/LI. Refer to Figure 2.
Page 2 of 15
Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI
Exhibit F: Project and Decision Criteria Narrative
The parcels are used as a single property that serves as the base of operations for Blue Nile
Trucking, LLC. The site is accessed by one driveway on E Marginal Way S and two driveways
on S 128th Street. Permanent structures include a service garage, distribution warehouse,
loading dock, and fuel pump built in 1975; the remainder of the 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 of single-family residential, commercial, and
industrial.
The east branch of Riverton Creek is present in the vicinity of and on the property. The creek
flows through an open ditch and onto the northwest corner of the property for approximately 25
feet before entering an underground pipe. The creek flows through approximately 195 feet of
underground pipe and daylights into another open ditch (see Exhibit G). The existing stream
and buffer are significantly degraded due to undergrounding and surrounding development.
Request
Requests for changes in zoning are made pursuant to Chapter 18.84 TMC. Granting a rezone
and accompanying Comprehensive Plan map change is allowed when consistency with the
following criteria can be demonstrated:
1. The proposed amendment to the Zoning Map is consistent with the goals, objectives,
and policies of the Comprehensive Plan.
The proposed amendment is consistent with the applicable goals, objectives, and policies of
the City's Comprehensive Plan. The proposed change from LDR to C/LI will clarify the
boundary between the two zones at the subject location; facilitate future redevelopment
consistent with the character of E Marginal Way S; and eliminate a nonconformity.
Community Image and Identity Element
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:
• Goal 1.1— A community of inviting neighborhoods and vibrant business districts.
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 E Marginal
Way S and residential uses further west and south in the area. The property is split -
zoned, leading to a lack of clarity in the use and development of the site. Rezoning the
property will 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 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 is not
expected to impact the character of the residential area for several reasons. The
residential neighborhood has grown up around this industrial use that has been in
continual operation since at least 1975 (see response to criterion 2, below, for additional
property history). Additionally, given that a portion of the property is already zoned C/LI,
t Tukwila Comprehensive Plan, Community Image and Identity Element, page 1-2.
Page 3 of 15
Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI
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 Creek, located along the
west side of the subject property and approximately coincident with the proposed
rezone, serves as a natural boundary or buffer between different land uses.
The rezone will encourage the potential redevelopment of the site which may provide an
opportunity to enhance the aesthetics of the site, clearly define the boundary to adjacent
land uses, and provide capital investment into the neighborhood.
® Policy 1.1.2 — Strengthen the image and character of Tukwila's distinct areas and
neighborhoods.
The subject property takes primary access from E Marginal Way S and is part of a node
of C/LI and Neighborhood Commercial (NCC) zoning along this arterial that is one lot
deep (except on the subject parcel) (see Figure 3). Rezoning the west side of 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.
111164
1,/
Figure 3. Excerpt of City of Tukwila Comprehensive Plan & Zoning Map, subject properties outlined in red.
Economic Development Element
The overall goal of the Economic Development element is to enhance the economic well-
being of the community, including stimulating economic improvement for individual
businesses and the community. The proposed rezone is consistent with this purpose and
addresses the following goals and policies:
• Goal 2.1— Tukwila has a strong role as a regional business and employment
center which allows it to enhance and promote the community's well-being.
The proposed rezone is supportive of the continued business use of the subject property
(and, as described above, is not detrimental to the residential neighborhood to the west).
Page 4 of 15
Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI
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 property similar to other uses along E Marginal Way S. This contributes to
Tukwila's image as a regional business center. The proposal is consistent with policies
intended to implement this goal, as described below.
• Policy 2.1.16 — Promote and preserve economic use of industrial lands outside the
Manufacturing Industrial Center (MIC) through appropriate buffering requirements
and use restrictions.
The subject property is located just south of the MIC boundary, along E Marginal Way S,
and has been in continual use as a commercial/light industrial property since before the
neighborhood was annexed in 1989. The proposed rezone supports this policy by
preserving the existing C/LI zoning and expanding it slightly to be consistent with the
existing parcel boundary and other similar properties. Additionally, the proposed rezone
will eliminate a confusing split -zoning condition, ultimately clarifying how the property
can be used and supporting future redevelopment of the property.
The C/LI zone and the landscaping requirements in Table A of TMC 18.52.030 establish
appropriate buffering requirements and use restrictions to ensure that commercial or
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 II 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 is compatible with surrounding land uses while also promoting
viable and attractive commercial and industrial areas.
In addition, the requirement for a stream buffer also provides a natural division between
the two types of uses.
• Policy 2.1.17 — Include standards in the development regulations for industrial
uses that adequately mitigate potential adverse impacts on surrounding
properties and public facilities and services.
In addition to the use and buffering requirements described above, development in the
C/LI 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 in TMC Chapter 8.22; and State and Federal standards for
water quality and hazardous materials. Review under the State Environmental Policy
Act (SEPA) provides substantive authority to mitigate potential adverse environmental
impacts.
Natural Environment Element
The Natural Environment element guides future development in a manner to protect the
community's environment, improve quality of life within the City, and protect residents from
natural hazards. The proposed rezone addresses the following goals and policies in this
element:
• Goal 4.1— The City's air, land, and water resources are restored and protected for
future generations and Policy 4.1.5 — Develop and implement programs that
encourage Tukwila residents and businesses to take active measures to protect
Page 5 of 15
Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI
Exhibit F: Project and Decision Criteria Narrative
and enhance Tukwila's natural environment. Such measures could include the
use of Low Impact Development (LID) techniques, natural streambank restoration,
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 -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 required to comply with
applicable critical areas requirements to minimize development impacts using best
available science. The east fork of Riverton Creek flows across the northwest corner of
the property through an underground pipe, 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 on the property is required to coordinate with the Department of Ecology
and address the restrictive covenant on the property. Substantial disturbance of the
property could result in expanded cleanup efforts to eliminate contamination.
• 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.
The east fork of Riverton Creek flows across the northwest corner of the property
primarily through an underground pipe. Approximately 25 feet of the creek flows through
an open ditch before entering an underground pipe, where it travels for approximately
195 feet before daylighting into another open ditch (see Exhibit G). Redevelopment
encouraged by the proposed rezone would provide opportunities to address this water
resource, including improving surface water quality and quantity, restoring degraded
buffer areas, and/or daylighting the stream. All of these opportunities would improve the
health of water resources at and downstream of the subject stream and provide public
benefits.
• Goal 4.6 — Watercourses and their buffers, wetlands and wetland buffers protected
from encroachment and degradation and improved through mitigation,
enhancement restoration projects.
The east fork of Riverton Creek has a significantly degraded buffer and is low -
functioning due to being undergrounded in the property's vicinity. Redevelopment
Page 6 of 15
Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI
Exhibit F: Project and Decision Criteria Narrative
encouraged by the proposed rezone would provide an opportunity to improve buffer and
watercourse conditions.
• Policies 4.6.1 through 4.6.4 — Policies related to regulation of land use and
development, mitigation requirements, and sensitive areas studies.
The City of Tukwila has adopted a comprehensive Critical Areas Ordinance (TMC
Chapter 18,45) to regulate development in and adjacent to sensitive areas. The
regulations ensure development is located and designed to achieve no net loss of
sensitive areas functions through mitigation sequencing and compensatory mitigation.
Redevelopment encouraged by the proposed rezone is required to comply with these
regulations and provides an opportunity to improve conditions for the largely
undergrounded stream.
• Goal 4.7— The water quality in Tukwila's wetlands, watercourses, fish and wildlife
habitat areas and the Green/Duwamish River is improved over time.
The stream has a significantly degraded buffer and is low -functioning due to being
undergrounded at and in the property's vicinity. Redevelopment encouraged by the
proposed rezone would provide an opportunity 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 development does not exceed pre -
development discharge rates
The subject parcel is almost entirely covered with impervious surfaces. While the re-
zone application will not modify the percentage of impervious surfaces on the site, future
redevelopment encouraged by the proposed rezone will be required to comply with
development standards that will reduce the amount of impervious surface coverage and
detain, treat, and discharge surface water.
Residential Neighborhoods Element
The Residential Neighborhoods element focuses on neighborhood sustainability to
preserve and enhance the sense of community in each residential neighborhood. The
proposed rezone will occur adjacent to an existing single-family residential
neighborhood. Because the rezone would affect land currently zoned for single-family
residential use, Goal 7.1 and Policy 7.1.1 appear to be most applicable to the proposed
rezone and are addressed below:
• Goal 7.1— Residential Land Use Pattern; A land use pattern that encourages a
strong sense of community by grouping compatible and mutually supportive uses
and separating incompatible uses.
The existing property is split -zoned, with the western portion zoned LDR and the eastern
portion zoned C/LI. 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
Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI
Exhibit F: Project and Decision Criteria Narrative
tends to blur the boundary between the residential community and commercial
operations. The proposed rezone will clarify the expectation for the use and
development of the property in the future, which will solidify the character of the
neighborhood in the immediate vicinity of the rezone and exclude incompatible uses
from the LDR zone. The east branch of Riverton Creek creates a natural boundary to
define residential uses from the commercial and industrial uses fronting along E
Marginal Way S.
• Policy 7.1.1— Maintain a comprehensive land use map that supports the
preservation and enhancement of single-family and stable multi -family
neighborhoods; eliminates incompatible land uses; and clearly establishes
applicable development requirements through recognizable boundaries.
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
commercial and residential uses.
2. The proposed amendment to the Zoning Map is consistent with the scope and
purpose of TMC Title 18, "Zoning Code," and the description and purpose of the zone
classification applied for.
The proposed rezone is broadly consistent with the scope and purpose of Title 18 TMC,
"Zoning Code." The zoning code implements the City's Comprehensive Plan and, as
discussed above, the proposed rezone is consistent with numerous goals and policies
therein. More specifically, the proposed rezone is consistent with the description and
purpose of the C/LI zone. Pursuant to TMC 18.30.010, the C/LI 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 S and S 128th Street are a mix of
primarily commercial and industrial uses consistent with the purpose of the C/LI zone,
including the subject property which is used as a trucking facility.
The subject property is similar in character to commercially- and industrially -zoned property
in the immediate vicinity (see Figure 4). 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
in the north to lighter industrial and commercial uses further south.
E Marginal Way S is a high -volume arterial with excellent connectivity to local and regional
transportation networks. Along E Marginal Way S, the C/LI zoning serves as a logical
transition between the Manufacturing Industrial Center (MIC) and industrial zoning (L) to the
north and the neighborhood commercial zoning (NCC) to the south (see Figure 3, above).
Page 8 of 15
Rezone West Portion of Parcel No. 7345600766 from LDR to C/Ll
Exhibit F: Project and Decision Criteria Narrative
Figure 4: Vicinity map, subject property outlined in red. Source: King County iMap.
LDR zoning is not appropriate for the subject site. The purpose of the LDR zone is "to
provide low -density family residential areas together with a full range of urban infrastructure
services in order to maintain stable residential neighborhoods, and to prevent intrusions by
incompatible land uses." The property has been in continual operation as a trucking facility
since prior to its annexation into the City of Tukwila. A trucking facility is nonconforming to
the use provisions of the LDR zone. Chapter 18.70 TMC, "Nonconformity," allows legally
established nonconforming uses to continue and sets forth limitations on any expansion of
nonconforming uses. A lapse or change in the use would cause abandonment of rights to
nonconformity and any new use established is required to comply with current use
regulations. In this way, TMC Chapter 18.70 seeks to reduce nonconformity as much as
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 OF PAGE INTENTIONALLY LEFT BLANK)
Page 9 of 15
Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI
Exhibit F: Project and Decision Criteria Narrative
3. There are changed conditions since the previous zoning became effective to warrant
the proposed amendment to the 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 by the change in circumstances.
The subject properties were created in unincorporated King County as Riverton, a replat of a
portion of Riverside Interurban Tracts, on June 15, 1906 (see Figure 5).2 Contemporary
legal descriptions also refer to this area as "Riverton Addition." Thereafter, 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.3 The Becker family owned the property at the time it was
developed with the current service garage, distribution warehouse, loading dock, and related
improvements in 1975.
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 right. Alder Street became S 126th
Street and Herkimer Street became S 128th Street.
2 Plat of Riverton, King County Recording No. 400820, recorded June 15, 1906 in Volume 13 of Plats, Page 36,
Records of King County, WA.
3 The lots were likely purchased by the Becker family, who likely also established the trucking business. Two
businesses (Becker Trucking Inc. and Becker Transfer Co.) appear to have grown from this startup. Becker Trucking
Inc. has been in operation since 1925 and operates out of Tukwila. Becker Transfer Co. bills itself as a fourth -
generation transportation company and operates out of Issaquah.
Page 10 of 15
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.
£XHI rr '
ATTACHMENT G
A LAN! 6a6u
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 11of15
Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI
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.
- al R- 1 SINGLE FAMILY RESIDENCE(12 000'
R•1 SINGLE FAMILYRESIDENCE(7200 SF)(
NR4 L WAPAtYMEI'Y,
-f I RMH MULTIPLE RESIDENCE HIGH DENSITY
C-t COMMUNITY RETAIL BUSINESS
711 C-2 REGIONAL RETAIL BUSINESS
C-M INDUSTRIAL PARK
M- I LIGHT INDUSTRY
Ea 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 RESIDENCE 7200
R-4 LOW APARTMENTS
RMH MULTIPLE RESIDENCE HIGH DENSITY
C-1 COMMUNITY RETAIL BUSINESS
-ram ^ u L4i,ET ,L. JSINESS
C-M INDUSTRIAL PARK
E'er 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
Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI
Exhibit F: Project and Decision Criteria Narrative
The Becker family sold the property in 2005 to C&D Wells, LLC. C&D Wells, LLC sold the
property to Blue Nile Holdings, LLC in 2016. Blue Nile Trucking, LLC continues to operate a
trucking business from the property.
The initial zoning districts applied in 1988-1989 do not appear to have been based on
existing conditions or uses. The trucking business was in active operation on the site
(having completed improvements in the mid-1970s) at the time. The character of the
neighborhood has changed dramatically since zoning was initially applied and continues to
evolve to this day. Industrial uses have spread southward from the Duwamish
Manufacturing Industrial Center (MIC) and SR-599. As a result, residential development has
occurred generally further to the south of the site. E Marginal Way S has become
increasingly used for freight and other large vehicles. The evolution of neighborhood
character is a changed condition warranting an amendment to the zoning map. The
amendment will also eliminate a split -zone condition, bring a legally -established
nonconforming use into conformance with the TMC, and establish zoning more consistent
with the conditions along E Marginal Way S.
4. The proposed amendment to the Zoning Map will be in the interest of furtherance of
the public health, safety, comfort, convenience, and general welfare, and will not
adversely affect the surrounding neighborhood, nor be injurious to other properties
in the vicinity in which the subject property is located.
The request would extend the Commercial/Light Industrial (C/LI) boundary from the
approximate center of a parcel to include the full boundaries of the parcel. The C/LI zone
allows a number of commercial and light industrial uses that are consistent with the
character of E Marginal Way S and nearby industrial uses.
Impacts to neighboring residential properties are not anticipated. The residential
neighborhood has grown up around the existing commercial/industrial business and the
eastern portion of the property is already zoned C/LI. The rezone will not invite new uses
that are not already allowed adjacent to the residential area.
Development requirements set forth in TMC Chapter 18.30, "Commercial/Light Industrial
(C/LI) District," establish appropriate buffers, increase setbacks compared to those required
under the LDR zone, require landscaping screening to separate the C/LI uses from
residential development, and require a stream buffer from the east branch of Riverton
Creek. See Table 1, below, for a comparison of C/LI and LDR dimensional standards. In
addition to dimensional requirements, new developments must demonstrate adherence to
performance standards, including standards adopted by the Puget Sound Air Pollution
Control Agency for odor, dust, smoke, and airborne pollutants; nose standards adopted in in
Chapter 8.22 TMC; and State and Federal standards for water quality and hazardous
materials. Review under the State Environmental Policy Act (SEPA) provides substantive
authority to mitigate potential adverse environmental impacts for future development.
Design review is required for any new development within 300 feet of a residential zoning
district, which would 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/LI developments are related to the following topics:
• Relationship of structure to site;
• Relationship of structure and site to adjoining area;
• Landscaping and site treatment;
Page 13 of 15
Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI
Exhibit F.: Project and Decision Criteria Narrative
• Building design; and
• Miscellaneous structures and street furniture.
Chapter 18.60 TMC sets forth design review criteria that will protect the residential
neighborhood. Design review is completed either administratively by the Director of
Community Development or quasi judicially by the Board of Architectural Review. Design
review can include conditions of approval to address any potential issues that arise during
review.
Table 1: Comparison of C/LI and LDR dimensional requirements.
Zoning Standard I C/LI Zone I LDR Zone
Development Area i None 1 45%
Setbacks to Yards,
• Front
• Second Front
• Sides
• Rear
minimum
• 25 feet
• 15 feet (near LDR)
• 15 feet (1st floor near LDR)
20 feet (2nd floor near LDR)
30 feet (3rd floor near LDR)
• 15 feet (1st floor near LDR)
20 feet (2nd floor near LDR)
30 feet (3rd floor near LDR)
• 20 feet
• 10 feet
• 5 feet
• 10 feet
Height, maximum
4 stories or 45 feet
30 feet
Landscape Requirements
• Front
• Sides
• Rear
• 15 feet (near LDR)
• 15 feet (near LDR)
• 15 feet (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 is appropriately remediated. A restrictive covenant has been recorded on the
property to limit activities on the site to protect the environment and the public health, safety,
and welfare.
Conclusion
The request, if approved, will rezone the western portion of parcel no. 7345600766 from Low
Density Residential (LDR) to Commercial/Light Industrial (C/LI), thus removing the split -zone
condition and recognizing the use that has occupied the site since at least the 1970s. Metro is
seeking the rezone to facilitate its use of the property. The responses to the decision criteria set
forth in TMC 18.84.020 consider the rezone within the larger context of the City's plan for this
area, including the full scope of allowable uses within the C/LI zone. The same range of uses is
currently allowed on the east portion of the subject property and, with buffers, setbacks, and
landscaping requirements, redevelopment to a conforming use would offer opportunities to
address site conditions or potential impacts and result in a net benefit to the neighborhood.
• The proposal is consistent with the Tukwila Comprehensive Plan, including goals in the
Community Image and Identity, Economic Development, Natural Environment, and
Residential Neighborhoods elements. The proposal protects existing commercial/light
industrial land and positions it for future redevelopment. Redevelopment of the property will
occur in conformance with development and environmental regulations, and presents
Page 14 of 15
Rezone West Portion of Parcel No. 7345600766 from LDR to C/LI
Exhibit F: Project and Decision Criteria Narrative
significant opportunities to protect, enhance, or restore natural features. The rezone will
eliminate a split -zone condition and create a clearly defined boundary between residential
and non-residential uses.
• The proposal is consistent with Title 18 TMC in general and the purpose and intent of the
C/LI zone set forth in Chapter 18.30 TMC. The property is in an area characterized by a mix
of commercial and Tight industrial uses and fronts along E Marginal Way S, a busy arterial.
• Conditions have changed since zoning was applied in 1988-1989 and updated in 1995. The
character of the neighborhood has changed dramatically: industrial uses have expanded to
the north, especially with the establishment of the Duwamish Manufacturing Industrial
Center (MIC). Residential development has occurred to the south and west, migrating away
from the MIC. E Marginal Way S has become increasingly used for freight and other large
vehicles.
• The proposal is protective of the public health, safety, and welfare and will not adversely
affect the surrounding neighborhood. Basic development standards, performance
standards, and critical areas requirements mitigate potential adverse impacts to the
residential neighborhood. Design review is required when new development occurs within
300 feet of a residential zone, which will ensure the use and site design is fully compatible
with existing residential neighborhoods.
Metro believes that this application demonstrates that a rezone is consistent with and satisfies
the approval criteria in TMC 18.84.020. Metro therefore respectfully requests approval of the
rezone request.
Page 15 of 15
METRO REZONE LEGAL DESCRIPTION AND SITE MAP
COMPREHENSIVE PLAN AND ZONING MAP CHANGE FILE L18-0114
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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
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2605.
On May 13, 2019 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2605: 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.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: May 16, 2019