HomeMy WebLinkAboutReg 2020-10-19 Item 5A - Ordinance - Comprehensive Plan and Zoning Maps Designation of King County Metro ParcelITEM INFORMATION
STAFF SPONSOR: MAX BAKER ORIGINAL AGENDA DATE: 10/19/20
AGENDA ITEM TITLE Revision to a condition requiring the recording of a covenant for a previously
approved ordinance amending the Comprehensive Plan and Zoning Maps designation
of the west half of parcel #7345600766.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 10/19/20 Mtg Date Mtg Date 10/19/20 Mtg Date Mtg Date 10/19/20 Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW Court
SPONSOR’S
SUMMARY Condition 2 for Ordinance 2605, which previously approved the rezone of 12677 E.
Marginal Way S., was not met as the 180 day period requiring the applicant to record a
covenant on the property has passed. The applicant, King County Metro, is requesting a
revision to Condition 2 extending the recording period through December 31, 2020.
REVIEWED BY C.O.W. Mtg. CDN Comm Finance Comm. Public Safety Comm.
Trans &Infrastructure Arts Comm. Parks Comm. Planning Comm.
DATE: N/A COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Quasi-Judicial Item, no Committee
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
10/19/20
MTG. DATE ATTACHMENTS
10/19/20 Informational Memorandum dated October 8, 2020
Proposed Ordinance
Original L18-0114 Staff Report, May 6, 2019
Ordinance 2605, approved May 13, 2019
Applicant’s request to extend covenant recording date
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
10/19/20 MB
QUASI-JUDICIAL
After the Quasi-Judicial Hearing, an ordinance is before the Council for consideration.
4 & 5.A.
83
84
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Jack Pace, DCD Director
BY: Max Baker, Senior Planner
CC: Mayor Ekberg
DATE: 10/8/2020
SUBJECT: Revision to a condition requiring the recording of a covenant for a
previously approved ordinance (NO. 2605) amending the Comprehensive
Plan and Zoning Maps designation of the west half of parcel
#7345600766.
ISSUE
Council is requested to consider an ordinance revising a condition in Ordinance 2605, which
previously approved a rezone for a property at 12677 E. Marginal Way S. This will involve a
quasi-judicial hearing by the Council.
BACKGROUND
On May 13, 2019, Tukwila City Council approved Ordinance 2605 to rezone 12677 E. Marginal
Way S., Tukwila, from split zone Commercial/Light Industrial (C/LI) and Low Density Residential
(LDR) to Commercial/Light Industrial only. Ordinance 2605 was approved with the following
conditions:
1. The Type II stream located within a pipe on the western half of the property shall be
daylighted and/or upgraded to meet the standards in the WDFW manual “Design of
Road Culverts for Fish Passage” (2003 or as updated) prior to receiving a certificate
of occupancy for the development of the site. If daylighting or upgrading of the stream
is proven to be technically infeasible, the western portions of the site located within
the stream buffer area shall be planted with native plants that improves the original
condition in species diversity and density. All existing durable surfaces within the
stream buffer shall be removed.
2.Within 180 days of passage of this ordinance, the applicant shall record against
the site a covenant or other document, approved by the City, requiring compliance
with the stated conditions.
3. Failure to comply with the conditions set forth herein shall cause the change to
the Zoning Map to be null and void, and the subject property shall revert to the
zoning immediately preceding passage of this ordinance.
The original staff report on the rezone and Ordinance 2605 are included as Attachment B and
C, respectively.
85
INFORMATIONAL MEMO
Page 2
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 Info Memos/L18-0114 Informational Memo 10.9.2020.docx
DISCUSSION
Due in part to the COVID19 pandemic, King County Metro was unable to meet the
requirements of the second condition requiring the recording of a covenant or other
document within 180 days of the ordinance approval. As a result, they are requesting an
extension of this condition to December 31, 2020. Their request is included as Attachment D
to this staff report. The proposed Ordinance revising the date for Condition #2, as requested
by the applicant, is included as Attachment A.
FINANCIAL IMPACT
None.
RECOMMENDATION
The Council is being asked to hold a quasi-judicial public hearing and take final action on the
proposed Ordinance at their Regular meeting on October 19, 2020.
ATTACHMENTS
A. Proposed Ordinance
B. Original L18-0114 Staff Report, May 6, 2019
C. Ordinance 2605, approved May 13, 2019
D. Applicant’s request to extend covenant recording date
86
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, EXTENDING THE TIME TO RECORD
A COVENANT REQUIRED BY ORDINANCE NO. 2605
PERTAINING TO THE REZONE OF REAL PROPERTY LOCATED
AT 12677 E. MARGINAL WAY S., TUKWILA, FROM SPLIT ZONE
COMMERCIAL/LIGHT INDUSTRIAL (C/Ll) AND LOW DENSITY
RESIDENTIAL (LDR) TO COMMERCIAL/LIGHT INDUSTRIAL
ONLY; RATIFYING PRIOR ACTS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on May 13, 2019, the City Council of the City of Tukwila passed
Ordinance No. 2605, approvingthe rezone of certain real property located at 12677 E.
Marginal Way S., Tukwila, from split zone Commercial/Light Industrial (C/Ll) and Low
Density Residential (LDR) to Commercial/Light Industrial (C/Ll only) provided certain
conditions were met; and
WHEREAS, due in part to the COVID-19 pandemic, King County Metro was unable
to meet the requirements of the second condition requiring the recording of a covenant
or other document with in 180 days of the ordinance approval and requests an extension
of this condition to December 31,2020; and
WHEREAS, the City held a duly noticed public hearing regarding this ordinance on
October 19, 2020; and
WHEREAS, after due consideration and for good cause shown, the City Council
agrees to grant an extension of the condition requiring the recording of covenant until
December 31, 2020;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Extension Request Granted. By December 31, 2020, the applicant,
King County Metro, shall comply with the conditions set forth in Section 2 of Ordinance
No. 2605.
CC:Legislative Development\Rezone Metro property on E Marg Wy-extension granted 10-13-20
MB:bjs Review and analysis by Barbara Saxton Page 1 of 2
87
Section 2. Ratification. Any act consistent with the rezone approved by Ordinance
No. 2605 and taken prior to the effective date of this ordinance is hereby ratified and
affirmed.
Section 3. 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 4. 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 of constitutionality of the
remaining portion of this ordinance or its application to any other person or situation.
Sections. Effective Date. This ordinance ora 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
, 2020.a Regular Meeting thereof this day of
ATTEST/AUTHENTICATED:
Allan Ekberg, MayorChristy O'Flaherty, MMC, City Clerk
Filed with the City Clerk:__
Passed by the City Council:
Published:_____________
Effective Date:__________
Ordinance Number:______
APPROVED AS TO FORM BY:
Office of the City Attorney
CC:Legislative Development\Rezone Metro property on E Marg Wy-extension granted 10-13-20
MB:bjs Review and analysis by Barbara Saxton Page 2 of 2
88
STAFF REPORT
TO THE CITY COUNCIL
Hearing Date: May 6, 2019
Notification: Mailed to properties and residents within 500’ radius
Site Posted: 1/23/2019 and 4/2/2019
Notice published in the Seattle Times
File Numbers: E18-0016 SEPA
L18-0114 Comprehensive Plan Amendment and Rezone
Applicant: King County Metro
Project Name: King County Metro Training Facility Rezone
Request: 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
89
2
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 light purple.
90
3
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.
91
4
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 curr ent 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.
92
5
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).
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 lots composing the Property appear to have been
S 126 St
S 128 St
93
6
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 23, 2019, and three nearby property owners
attended.
One residential property owner requested that a greater noise and visual buffer be provided on the
west side 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/LI and Neighborhood Commercial (NCC) zoning along this
arterial that is not one lot deep (except on the subject parcel). Rezoning the west side of
94
7
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
95
8
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 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 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 Culvert s 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.
96
9
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.
97
10
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 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 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 indust rial
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 noncon forming 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 lots containing “R-1: Single Family Residence 7200” and “C-M: Industrial Park” zoning
designations. Since then, the number and names of the zoning districts in the City were
subsequently amended, and the lots composing the Property appear to have been
consolidated. However, the zoning boundary was not changed as part 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
98
11
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
7340600480 (2019)
7340600774 (2008)
7345600675 (2008)
2384200010 (2017)
99
12
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:
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.
LDR C/LI (when w/in 50 ft of
LDR)
Setbacks
Front 20’ 25’
Second front 10’ 15’
Sides
1st floor 5’ 15’
2nd floor 5’ 20’
3rd floor 5’ 30’
Rear 10’ 15-30’
Height 30’ 45’
100
13
• The amendment would terminate at partially-nonconforming land use on the Property that
has been operating in the neighborhood since before annexation into the City of Tukwila.
• Specific redevelopment plans will undergo environmental, design review and building
permit review.
3) Changed conditions
• The property has been split-zoned since at least 1995. Since that time properties along E
Marginal Way S have been developed with a combination of commercial and light industrial
uses, including but not limited the King County Metro South Interim Bus Base. The
amendment will eliminate a split-zone condition, bring a legally established non-conforming
use into conformance with standards for the Commercial/Light Industrial district in the
Tukwila Municipal Code, and establish zoning more consistent with the conditions along E
Marginal Way S.
4) 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 Pass age” (2003 or as
updated). If daylighting or upgrading of the stream culvert is proven to be technically infeasible,
the western portions of the Property located within the stream buffer area shall be planted
with native plants that improves upon the original condition as part of a planting plan to be
approved by the City. Additionally, the property owner shall remove all existing impervious
surfaces located within the stream buffer within the three-year time frame.
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 wh ich
such use is located.
101
102
1
0
3
1
0
4
1
0
5
1
0
6
1
0
7
1
0
8
1
0
9
1
1
0
1
1
1
1
1
2
1
1
3
1
1
4
1
1
5
1
1
6
1
1
7
1
1
8
1
1
9
1
2
0
1
2
1
1
2
2
1
2
3
1
2
4
1
2
5
1
2
6
1
2
7
1
2
8
1
2
9
1
3
0
1
3
1
1
3
2
1
3
3
1
3
4
1
3
5
1
3
6
1
3
7
1
3
8
1
3
9
1
4
0
1
4
1
1
4
2
Capital Division
Capital Planning & Portfolio Management
201 S. Jackson Street
KSC-TR-0431
Seattle, WA 98104-3856
June 18, 2020
City of Tukwila
Shana Makstrom, Administrative Support Tech
Department of Community Development
6300 Southcenter Blvd.
Tukwila, WA 98188
RE: Rezone (Comprehensive Plan/ Zone Amendment) Re‐approval: Ordinance 2605; Project # PL18‐0099; #PL 18‐
0114 Address: 12677 E Marginal Way S Parcel: 7345600766
Dear Ms. Markstrom,
The City of Tukwila previously approved the subject rezone under Ordinance 2605, effective May 21, 2019.
Pursuant to the conditions set forth in Section 2 of the ordinance, Metro was to perform certain stream
daylighting work on the western portion of the property within six years (Condition 1); and record a covenant
against the site requiring compliance with Condition 1 (Condition 2). Metro did not record the covenant required
under Condition 2 but intends to fulfill the substantive obligations set forth in Ordinance 2605.
Metro is hereby requesting that the City of Tukwila amend Ordinance 2605 in order to affirm the rezone as set
forth therein, thereby allowing Metro to record the referenced covenant together with certain additions as
follows:
1) Metro requests to have until December 31, 2020 to record the covenant required under Condition 2.
Sincerely,
Jennifer Lee, Real Property Agent
Transit Real Estate & Environmental
cc: Minnie Dhaliwal, Deputy Director, Dept. of Community Development, City of Tukwila
143