Loading...
HomeMy WebLinkAboutReg 2023-11-06 Item 5A - Quasi-Judicial Hearing - Rezone Portion of 14000 Interurban Avenue / George Long Property (City of Tukwila)COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/6/2023 MB ITEM INFORMATION ITEM No. 5.A. & 6.A. (1) STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 11/6/2023 AGENDA ITEM TITLE Request for rezone from Low Density Residential to Commercial/Light Industrial at 14000 Interurban Ave S. This is a quasi-judicial matter and any and all discussion related to this issue should occur during the meeting. CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 11/6/23 ❑ Resolution Mtg Date ® Ordinance Mtg Date 11/6/23 ❑ Bid Award Mtg Date ® Public Hearing Mtg Date 11/6/23 ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY Tukwila has received an application to change the zoning and Comprehensive Plan map for two parcels, current zoning Low Density Residential (LDR) to proposed zoning Commercial/Light Industrial (C/LI). REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/6/2023 MTG. DATE ATTACHMENTS 11/6/2023 Informational Memorandum dated 10/31/2023 Draft Ordinance Staff Report with attachments 13 14 TO: FROM: BY: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Committee of the Whole Nora Gierloff, Department of Community Development Director Max Baker, Development Supervisor CC: Mayor Ekberg DATE: October 31, 2023 SUBJECT: Request for Rezone and Comprehensive Plan Map Change QUASI-JUDICIAL ISSUE Conduct a public hearing for a rezone and Comprehensive Plan map change request from Low Density Residential to Regional Commercial Mixed Use. This is a quasi-judicial matter and any and all discussion related to this issue should occur during the Council meeting. Please do not communicate on this topic outside of the meeting. BACKGROUND Tukwila has received an application for a rezone from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) on two vacant parcels located at 14000 Interurban Ave S. The rezone to C/LI would bring the subject parcels, owned by the City of Tukwila, into the same C/LI zoning district as neighboring parcels, also owned by the City. DISCUSSION See attached Staff Report along with Attachments A thru E for detailed description of the proposal and findings of fact for the decision. FINANCIAL IMPACT N/A RECOMMENDATION Staff recommends approval of the rezone from Low Density Residential (LDR) zoning and Comprehensive Plan designation to Commercial/Light Industrial. ATTACHMENTS Staff Report with Attachments A — E. 15 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 14000 INTERURBAN AVE S., TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL LIGHT INDUSTRIAL (CLI); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long-term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, as part of the City's 2022-2023 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 a portion of the property located at 14000 Interurban Ave S. (the "Property"); and WHEREAS, the zoning of the Property is currently Low Density Residential; and WHEREAS, the Applicant seeks to rezone a portion of the Property to Commercial Light Industrial; and WHEREAS, on October 6, 2023, the City mailed a Notice of Application to the surrounding property owners and tenants, and on October 19, 2023, held the required public meeting regarding the proposed rezone and change to the Zoning Code Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act by making a determination on October 13, 2023 that no significant environmental impact would occur as a result of the Zoning Code Map change; and WHEREAS, notice of the public hearing was timely published in "The Seattle Times," posted onsite, and mailed to surrounding properties; and CC:\Legislative Development\Rezone 14000 Interurban Ave S 10-30-23 M. Baker A.Youn Page 1 of 3 17 WHEREAS, on November 6, 2023, 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 determines 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 A and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved. The Property is located at 14000 Interurban Ave S., Tukwila, Washington. The site is further identified as King County tax parcels 3365900975 and 3365901016. The site is hereby approved to be rezoned from Low Density Residential to Commercial Light Industrial across the entirety of both parcels, as shown in the attached Exhibit B and incorporated by this reference as if fully set forth herein. Section 3. Map Amendment Authorized. The Department of Community Development Director, or their 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 Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. CC:\Legislative Development\Rezone 14000 Interurban Ave S 10-30-23 M. Baker A.Youn Page 2 of 3 18 ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachments: Exhibit A, Staff Report (Findings and Conclusions) Exhibit B, Revised Zoning/Comprehensive Plan Map CC:\Legislative Development\Rezone 14000 Interurban Ave S 10-30-23 M.Baker A.Youn Page 3 of 3 19 20 HEARING DATE: NOTIFICATION: City of Tukwila Allan Ekberg, Mayor Department of Community Development - Nora Gierloff, AICP, Director STAFF REPORT TO THE CITY COUNCIL November 6, 2023 10/5/2023: Mailed to properties within 500' radius 10/5/2023: Site Posted 10/19/2023: Public Information Meeting Notice of hearing published in the Seattle Times FILE NUMBERS: E23-0009 - SEPA L21-0145 - Rezone APPLICANT: Brandon Miles, Office of the Mayor, City of Tukwila REQUEST: Change Comprehensive Plan and zoning designation from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) LOCATION: 13536 52nd Avenue S, Tukwila, WA (Tax Parcel 0003000005) CURRENT COMPREHENSIVE PLAN/ZONING DESIGNATION: Low Density Residential (LDR) SEPA DETERMINATION: STAFF: ATTACHMENTS: Determination of Nonsignificance issued October 13, 2023 Maxwell Baker, Development Supervisor A. Site + Current Zoning Map B. Proposed Zoning Map C. Applicant Response to Criteria D. C/LI Zoning Development Standards (TMC 18.30) E. Public Comments 21 L21-0145: Rezone and Comprehensive Plan Amendment Staff Report Page 2 of 10 BACKGROUND/PROPOSAL Summary of Proposed Actions The applicant requests an amendment to the Comprehensive Plan and Zoning map designations from Low Density Residential (LDR) to Commercial Light/Industrial (C/LI) for two small parcels that are part of the larger George Long Shop property, which is owned by the City of Tukwila. This non -project proposal is a quasi-judicial change to the land use designation on the Tukwila Comprehensive Plan and Zoning Code maps. The proposed action does not meet the exemptions from review under the State Environmental Policy Act (SEPA) listed under WAC 197-11-800. Rezone requests that require a Comprehensive Plan amendment are subject to SEPA review. A Determination of Nonsignificance was issued on October 16, 2023. Land Use - Comprehensive Plan and Zoning The George Long property has been in the City of Tukwila for well over 75 years. The small light industrial building on the George Long site was built in 1965 (note this building is not subject to the rezone). Additionally, the parcels that are part of the rezone request included a small fishing cabin. The City purchased the entire George Long property in 1988. The City rented out the fishing cabin until the late 2000s, when it was demolished. When the City adopted its Growth Management Act (GMA) zoning in 1995 it largely followed existing land patterns. The property containing the light industrial building was zoned C/LI, while the part of the property with the fishing cabin was zoned LDR. The subject parcels are also located within the Public Recreation Overlay District (PRO). The Tukwila Municipal Code sets forth development standards for the PRO district, as follows: Development standards for the PRO District shall be as specified by TMC Title 18 for the underlying district. However, when the underlying district is the LDR (Low -Density Residential) District, structures may be granted a height bonus of one additional foot of height for every four feet of excess setback (i.e., setback over and above the LDR minimum standard), up to a maximum height of 50 feet. Ancillary facilities customarily installed in conjunction with a permitted recreational use, including light standards and safety netting, shall not be subject to the height restrictions of the underlying district. Structures for which a height bonus is requested and any ancillary facilities taller than the underlying height restrictions shall be subject to Board of Architectural Review approval under the "Commercial and Light Industrial Design Review Criteria" provisions of TMC Chapter 18.60. If the proposed rezone to C/LI is approved the aforementioned PRO district supplemental development standards will not apply to the subject parcels as they will no longer be zoned LDR. 22 L21-0145: Rezone and Comprehensive Plan Amendment Staff Report Page 3 of 10 CL14 tau 411.1 1�39f� 1;[Jw;"` 139 /! 111( rt 1 3'3;s5' 1411,1 i95:5 1 o{J 11985 7:i0' 1 i0R5 110 13955 Figure 1: Zoning Map Site and Vicinity Conditions The proposed rezone site is located near Interurban Ave South. The parcels subject to the rezone are part of the underlying George Long parcel. The rezone parcels are completely surrounded by the rest of the Geoge Long parcels, which are zoned C/LI. The rezone parcels are also adjacent to the Duwamish River. The proposed rezone lots are vacant, sloping lot with grass, some trees and shrubs and a concrete retaining wall on the north and east sides of the lot. Land uses in the area are commercial, such as the Grand American Casino and light industrial, such as the new Greenwood Heating building. Figure 1 shows existing zoning with the proposed rezone property highlighted in blue. Public Services and Utilities A review by City of Tukwila Development Review Engineering staff was completed and noted that project design considerations will be evaluated for feasibility at the time of any subsequent development permitting. No relevant comments pertaining to the rezone action itself were received. Environmental Conditions Topography Site topography generally descends to the east towards the river with a total elevation change of approximately 20 feet occurring within the properties. The Tukwila environmentally critical areas map classifies the site as having a Class 3 (High) landslide potential. 23 L21-0145: Rezone and Comprehensive Plan Amendment Staff Report Page 4 of 10 10/25/2023, 5.05:50 PM Parcels landslide Hazard Area 0 City Limas I Class 2- Moderate Buildings ME Class 3- High Sheet I Further Study Needed Leuea-Urten Conservancy - Outside Butler UM Urban Conservancy MI Urban Conservancy - Outside Buffer Wetland • Addresses (Tukwila) Shoreline Jurisdiction Environment Designation Category IV MineH0ZerdArea MN Levee -Urban Conservancy 1:2,257 9.02 0.04 0.02 ail 0 0.03 0,00 0.11 km Ciy dr..ie, M Ca'en5.19115 Carty Cllydrek.'IY Figure 1: Environmentally Critical Areas Map Environmentally Critical Areas The site is within the shoreline jurisdiction of the Duwamish River, see Figure 2. The only critical areas on the parcels exist in the form of steep slopes within the riverbank. Development Regulations Comparison, LDR vs. C/LI Height The rezone action would result in a small increase in maximum height allowance of the underlying zoning for the existing parcels; the maximum height of 30 feet in the LDR zoning district would be replaced by a maximum height of "4 stories or 45 feet" for C/LI. Additional height regulations for the Shoreline Jurisdiction — Urban Conservancy may be found in TMC 18.44.050: Development Standards; "Except for bridges, approved above ground utility structures, and water -dependent uses and their structures, to preserve visual access to the shoreline and avoid massing of tall buildings within the shoreline jurisdiction, the maximum height for structures shall be as follows: a. 15 feet where located within the Shoreline Buffer; b. 65 feet between the outside landward edge of the Shoreline Buffer and 200 feet of the OHWM. Unit Density Per TMC 18.10.060, the LDR zoning district requires a minimum lot area of 6,500 SF. Each parcel in the LDR district allows a total of one single-family home, as well as one accessory dwelling unit (ADU). 24 L21-0145: Rezone and Comprehensive Plan Amendment Staff Report Page 5 of 10 If rezoned to C/LI, dwelling units would not be permitted on the subject parcels as dwellings are not a permitted land use within the C/LI district. Scale and Design Bulk and scale impacts of any project developed pursuant to the proposed rezone will be addressed by the City's design review process and environmentally critical areas ordinance. Specific scale and design impacts of proposed development will be determined at the time of project review, pursuant to TMC 18.12.070. Transportation The transportation impacts of individual projects developed subsequent to a rezone to C/LI would be evaluated through construction permitting at the time of project level permit applications. A traffic concurrency review would be required for any new proposed use and findings would result in traffic impact fees under the authority of TMC 9.48.010. The traffic concurrency program is a mechanism to charge and collect fees to ensure that new development bears its proportionate share of the capital costs of transportation facilities necessitated by new development. Public Comment Public notice for this rezone proposal was posted on site and mailed to property owners within 500 feet of the subject property. On October 19th, 2023, staff held a public information meeting for residents to ask questions and provide feedback to the applicant. The only comment received ahead of the hearing was from the Duwamish tribe stating support for the rezone and to clarify that the property would be subject to the regulations set forth for the Urban Conservancy Shoreline Jurisdiction moving forward. Comments received as a result of the public comment period are contained in attachment E. FINDINGS Comprehensive Plan and Zoning Map Amendment Criteria 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 following will summarize the elements, goals, and policies the applicant has cited to support their rezone request, along with a staff response. The applicant's response to the decision criteria is attached hereto as attachment C. 1. The proposed amendment to the [Comprehensive Plan and] zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan. Applicant Response: The City of Tukwila currently owns four parcels and the unimproved right of way at 5.140th Street for the George Long shop, located off of Interurban Ave S. The City has owned these parcels for over 35 years, before the City's current zoning code went into effect. All the parcels and ROW that are part of the George Long shop are used for fleet maintenance and outdoor storage. 25 L21-0145: Rezone and Comprehensive Plan Amendment Staff Report Page 6 of 10 The City is currently building out a new facility that will house the Public Works activities that are taking place at George Long. The City Council has authorized the sale of George Long. As part of the research into the property it was determined that a rezone would be needed to address the following: • Two of the parcels are currently zoned low density residential. These lots are not appropriate to be used for residential given their proximity to commercial/light industrial uses and the river. Since they are separate lots there could be an argument that each lot could be eligible for a reasonable use exception. To address this concern Economic Development staff is proposing to consolidate all lots and the ROW into one lot, with one zoning. This would prevent the possibility of the two LDR lots being used for residential purposes in the future. • The rezone would address the current use of the LDR parcels, which is and has been outdoor storage and parking. • The City is hopeful that a majority of the George Long parcel will be sold to King County for a future restoration project. Additionally, the ROW has been be vacated and is envisioned to be included in the deal with King County. Economic Development staff would like to create one parcel to provide to King County as part of the land transaction. However, to do this we believe that the entire area should be C/LI zoning. • The rezone request remedies an odd zoning line boundary. The two parcels that are zoned LDR are largely surrounded by other properties zoned C/LI. The two zoning classifications creates confusion with shoreline development standards. Staff Response: The rezone request is consistent with the following City of Tukwila Comprehensive Plan Goals and Policies: Goal or Policy # Goal or Policy Staff Notes Policy 2.1.13 Seek funds from non -City sources for use by the City do directly encourage economic development. The rezone request resolves a zoning issue for part of the City's George Long property. Resolves this zoning issues allows the City to easily sale the property and use the proceeds for a variety of uses. 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 dual zoning on the City's George Long property creates confusion in future development of the site. This confusion could hinder future redevelopment of the site and an associated shoreline enhancement project. Goal 4.5 Vital and self-sustaining fish and wildlife habitat areas that provide where appropriate, opportunities for recreational and educational uses. Goal 4.9 The natural flood attenuation functions of wetlands, floodplains, and floodways are protected and severe flooding is reduced to help prevent damage to life, property, and public safety. As noted, the two lots that are currently zoned LDR could have two homes built on them. The rezone to C/LI eliminates this possibility. Additionally, the City is going to merge the two LDR lots into the C/LI lots to create a large parcel. This Policy 4.9.1 Restrict or prohibit development that could create a danger to health, safety, and property 26 L21-0145: Rezone and Comprehensive Plan Amendment Staff Report Page 7 of 10 due to potential flood hazards, by complying with federal regulations. will ensure compliance with the City's zoning and shoreline regulations. Policy 4.9.2 Minimize the alternation of natural surface features that retain or carry floodwaters (such as wetland, natural flood plains, and streams), and prevent land alterations that increase potential flooding. Goal 5.3 Development along the shoreline that fosters the economic vitality of Tukwila, while preserving the long-term benefits of the river. The current dual zoning for the subject creates regulatory confusion, hindering redevelopment, including the completion of a shoreline restoration on the property. Policy 5.3.2 Design and locate all shoreline development to minimize impacts on the area identified as import for other uses, such as wildlife and aquatic habitat, river vegetation, public access and recreation, and historical resources and flood control. 5.3.5 Recognize and promote the river's contribution to the economic vitality of Tukwila, as a valuable amenity for existing and future businesses which depend on or benefit from the shoreline location. Removing the isolated LDR zoning from the shoreline jurisdiction would provide the City with an opportunity to consolidate the parcels with its adjacent lots, providing an opportunity for restoration projects to be located within the area. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Applicant Response: The City currently uses the George Long property, including the LDR portion, in a manner consistent with the C/LI allowable uses. The LDR portion of the property is a legacy from old land use patterns that no longer exist. The LDR parcels are completely surrounded by the parts of the George Long property that are zoned C/LI. One issue that might be raised is the proximity of the rezone to the adjacent Green River. While LDR is a low intensity zone than the C/LI, this rezone would actually reduce the chances of future development of the LDR parcels. Since the LDR lots are legal lots of record they could be sold off in the future and someone argue that they are entitled to a reasonable use exception for the property. Merging all the parcels into one parcel would eliminate this chance. Merging the parcels also ensures that any future project on the George Long property would result in some required shoreline restoration along the river since the work would be on the same site. Also, the residential environment of the City's shoreline regulations has a narrower setback requirement than if it was urban conservancy. Access to and from all properties included in the rezone would remain from Interurban Ave S. Merging all four George Long parcels also precludes the need to do easements between the four parcels as part of any future sale transaction. 27 L21-0145: Rezone and Comprehensive Plan Amendment Staff Report Page 8 of 10 Staff Response: The proposed rezone would cover approximately 35,000 square feet of area. If the zoning is changed, any land use permitted in C/LI would theoretically be permitted within the new site, subject to all City regulations, including but not limited to the Shoreline Master Program, environmentally critical areas ordinance, and zoning code. However, no significant issues are envisioned from this rezone, as most of the George Long shop property is already zoned C/LI. The rezone would allow for two of the smaller parcels to be merged into the larger C/LI parcels and for lot consolidation to be completed. Having one parcel, with one zoning classification, and one shoreline environment will make future permitting significantly easier on the property. Additionally, Tukwila Municipal Code 18.70.030 requires that substandard lots be brought into conformance ahead of development: A lot, as defined in TMC 18.06.500, which cannot meet the basic development standards (other than lot width) for the applicable zone and other applicable land use and environmental requirements, may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to be developed in a manner which does comply with the basic development standards for the applicable zone and other applicable land use and environmental requirements. In the event lots are combined in order to comply with the requirements of this subsection, a boundary line adjustment shall occur so that the combined lots are henceforth considered a single lot. Rezoning the subject properties to C/LI would ensure that the underlying zoning matches that of surrounding properties and thus require that any future development of the subject properties to first meet the stipulations set forth in TMC 18.70.030. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Applicant Response: The rezone that is requested is to address a minor issue in the zoning of a city owned property. The George Long City Shop contains four parcels and the unimproved right of way of S. 140th Street. The two parcels, including the one with the building, located to the west are zoned C/LI. The two parcels two the east and the unimproved right of way are zoned LDR. The two LDR parcels used to have small residential structures on them. When the City adopted its 1995 comp plan and zoning code it tried not to create non -conforming uses, thus the two parcels with the residential uses were zoned LDR. However, the prevailing land use pattern and the actual use of the property is more consistent with C/LI. The City intends on combining the four parcels and right of way into one larger parcel with one zoning classification. Having split zoning on these parcels creates issues with permitting, allowable uses, and the applicable shoreline designation Staff Response: The original single-family home structures that existed on the Low Density Residential parcels are no longer present, leaving remnant LDR zoning as a result. Rezoning to Commercial Light Industrial will remove this isolated LDR zoning and bring the zoning into agreement with surrounding properties. 28 L21-0145: Rezone and Comprehensive Plan Amendment Staff Report Page 9 of 10 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 neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located. Applicant Response: This rezone cleans up a historical spot zone that was created when the City adopted its Growth Management Act zoning code in 1995. At that time the City tried to limit the creation of non -conforming uses by having the zoning be consistent with the uses on the property. In 1995 there used to be two small cabins on the properties at George Long that are zoned LDR, while the surrounding properties were zoned C/LI. Both of the old cabins were demolished several years ago, and the properties are no longer being used for residential purposes. Staff Response: The existing LDR properties are entirely within the Shoreline Jurisdiction and additional critical areas. They are considered nonconforming lots yet could still potentially be developed with a residential use in their current state, allowing additional development to encroach within the shoreline environment. Rezoning the property to C/LI will allow for the consolidation with adjacent lots, allowing a pathway to bring the area into greater conformance with the City's Shoreline Master Program, as well as the opportunity to sell the property for the creation of shoreline habitat. CONCLUSIONS Criteria 1: Consistency with Comprehensive Plan: • The rezone is consistent with the following Comprehensive Plan policies: o Policy 2.1.13: Seek funds from non -City sources for use by the City do directly encourage economic development. ■ The rezone request resolves a zoning issue for part of the City's George Long property. Resolving this zoning issues allows the City to easily sale the property and use the proceeds for a variety of uses. o Policy 4.9.1: Restrict or prohibit development that could create a danger to health, safety, and property due to potential flood hazards, by complying with federal regulations. o Policy 3.2.2: Minimize the alternation of natural surface features that retain or carry floodwaters (such as wetland, natural flood plains, and streams), and prevent land alterations that increase potential flooding. ■ The two lots that are currently zoned LDR could have two homes built on them. The rezone to C/LI eliminates this possibility. Additionally, the City is going to merge the two LDR lots into the C/LI lots to create a large parcel. This will ensure compliance with the City's zoning and shoreline regulations. o Policy 5.3.2: Design and locate all shoreline development to minimize impacts on the area identified as import for other uses, such as wildlife and aquatic habitat, river vegetation, public access and recreation, and historical resources and flood control. ■ The current dual zoning for the subject creates regulatory confusion, hindering redevelopment, including the completion of a shoreline restoration on the property. 29 L21-0145: Rezone and Comprehensive Plan Amendment Staff Report Page 10 of 10 Criteria 2: Consistency with Zone: • The City currently uses the George Long property, including the LDR portion, in a manner consistent with the C/LI allowable uses. The LDR portion of the property is a legacy from old land use patterns that no longer exists. The LDR parcels are entirely surrounded by the parts of the George Long property that are zoned C/LI. Criteria 3: Changed conditions: • The original single-family home structures that existed on the Low Density Residential parcels are no longer present, leaving remnant LDR zoning as a result. Rezoning to Commercial Light Industrial will remove this isolated LDR zoning and bring the zoning into agreement with surrounding properties. Criteria 4: Benefit to community: • The proposed rezone would positively affect the community by allowing providing an avenue for consolidation with adjacent lots, creating an opportunity to bring the area into greater conformance with the City's Shoreline Master Program as well as the potential to sell the property for the creation of needed shoreline habitat. RECOMMENDATION Staff recommends approving the rezone from Low Density Residential (LDR) to Commercial Light Industrial (C/LI). 30 Tukwila iMap 10/26/2023, 12:05 40 PM Parcels Zoning LDR Low Density Residential HDR High Density Residential RCM Regional Commercial Mixed Use CLI Commercial Light Industrial 0 0.01 I � � 0 0.03 City of Tukwila, King County Pictometry International Corp. King County 1:2,257 0.03 0.05 0.06 mi 0.1 km 31 Tukwila iMap 10/26/2023, 12:40:17 PM - Parcels , -1 Overlay Areas Zoning LDR Low Density Residential HDR High Density Residential RCM Regional Commercial Mixed Use CLI Commercial Light Industrial 0 0.01 0 0.03 City of Tukwila, King County Pictometry International Corp. King County 1:2,257 0.03 0.05 0.06 mi 0.1 km 32 Tukwila iMap 10/26/2023, 12:05 40 PM Parcels Zoning LDR Low Density Residential HDR High Density Residential RCM Regional Commercial Mixed Use CLI Commercial Light Industrial 0 0.01 1 0 0.03 City of Tukwila, King County Pictometry International Corp. King County 1:2,257 0.03 0.05 0.06 mi 0.1 km 33 34 December 31, 2021 George Long Rezone COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.050) 1. Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for the proposed change? The rezone that is request is to address a minor issue in the zoning of a city owned property. The George Long City Shop contains four parcels and the unimproved right of way of S. 140th Street. The two parcels, including the one with the building, located to the west are zoned C/LI. The two parcels two the east and the unimproved right of way are zoned LDR. The two LDR parcels use to have small residential structures on them. When the City adopted its 1995 comp plan and zoning code it tried not to create non -conforming uses, thus the two parcels with the residential uses were zoned LDR. However, the prevailing land use pattern and the actual use of the property is more consistent with C/LI. The City intends on combining the four parcels and right of way into one larger parcel with one zoning classification. Having split zoning on these parcels creates issues with permitting, allowable uses, and the applicable shoreline designation. 2. Why is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The proposed zoning change creates a more logical zoning boundary between the C/LI and LDR along Interurban Ave South. The change would also result in a different shoreline designation along the river, which would in a greater setback for any development along the shoreline. 3. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? The proposed change will provide clarity on the allowable uses on the George Long property. The two LDR properties are not appropriate for residential uses given their location to the river and proximity to light industrial uses. The rezone would also result in a change in shoreline designation from "residential" to "urban conservancy." This change will result in a greater setback requirement from the river. The lot consolidation will also ensure that any future development on the larger parcels requires some shoreline restoration work. 35 George Long Rezone December, 2021 COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why. The City of Tukwila currently owns four parcels and the unimproved right of way at 5.140th Street for the George Long shop, located off of Interurban Ave S. The City has owned these parcels for over 35 years, before the City's current zoning code went into effect. All the parcels and ROW that are part of the George Long shop are used for fleet maintenance and outdoor storage. The City is currently building out a new facility that will house the Public Works activities that are taking place at George Long. The City Council has authorized the sale of George Long. As part of the research into the property it was determined that a rezone would be needed to address the following: • Two of the parcels are currently zoned low density residential. These lots are not appropriate to be used for residential given their proximity to commercial/light industrial uses and the river. Since they are separate lots there could be an argument that each lot could be eligible for a reasonable use expectation. To address this concern Economic Development staff is proposing to consolidate all lots and the ROW into one lot, with one zoning. This would prevent the possibility of the two LDR lots being used for residential purposes in the future. • The rezone would address the current use of the LDR parcels, which is and has been outdoor storage and parking. • The City is hopeful that a majority of the George Long parcel will be sold to King County for a future restoration project. However, as part of any deal the small area that is currently being used for parking by the casino will be bifurcated out and sold to the casino. Additionally, the ROW will be vacated and included in the deal with King County. Economic Development staff would like to create one parcel to provide to King County as part of the land transaction. However, to do this we believe that the entire area should be C/LI zoning. Please note that are waiting for completion of a survey to determine if we need to complete a property transaction with the casino due to a possible encroachment. • The rezone request remedies an odd zoning line boundary. The two parcels that are zoned LDR are largely surrounded by other properties zoned C/LI. 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change. The proposed rezone would only cover just over approximately 35,000 square feet of area. No significant issues are envisioned from this rezone as most of the George Long shop property is already zoned C/LI. The rezone would allow for two of the smaller parcels to be merged into the larger C/LI parcels and for lot consolidation to be completed. Have one parcel, with one zoning classification, and one shoreline environment will drastically make future permitting easier on the property. One issue that might be raised is the proximity of the rezone to the adjacent Green River. While LDR is a low intensity zone than the C/LI, this rezone would actually reduce the chances of future development of the LDR parcels. Since the LDR lots are legal lots of record they could be sold off in the future and 36 someone argue that they are entitled to a reasonable use exception for the property. Merging all the parcels into one parcel would eliminate this chance. Merging the parcels also ensures that any future project on the George Long property would result in some required shoreline restoration along the river since the work would be on the same site. Also, the residential environment of the City's shoreline regulations has a lower setback requirement than if it was urban conservancy. Access to and from all properties included in the rezone would remain from Interurban Ave S. Merging all four George Long parcels also precludes the need to do easements between the four parcels as part of any future sale transaction. 3. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply). This rezone cleans up a historical spot zone that was created when the City adopt its Growth Management Act zoning code in 1995. At that time the City tried to limit the creation of non -conforming uses by having the zoning be consistent with the uses on the property. In 1995 there use to be two small cabins on the properties at George Long that are zoned LDR, while the surrounding properties were zoned C/LI. Both of the old cabins were demolished several years ago, and the properties are no longer being used for residential purposes. The City is working to sell the entire George Long properties to one buyer, most likely King County. As part of the transaction the City would like to create one parcel with one zoning classification. If the City is unable to reach a final agreement with King County the property would likely be sold to a private buyer. Having one parcel, with one zoning classification would make it clear what activities are permitted and which ones are not. For example, the current LDR lots are being used for outdoor storage which may or may not be permitted in the underlying zoning. Additionally, if the City has to sale the entire property to a private entity, we could get someone who does not want to buy the LDR lots since they are near the shoreline. By merging the lots into one parcel the City can ensure that any future buyer of George Long completes shoreline restorations as part of any redevelopment. This may not be possible if the LDR lots remain and are separate parcels. Additionally, the LDR zoning is confusing for the shoreline designation for the entire George Long property. Residentially zoned properties are designated as "residential" environment under the shoreline code. However, the properties that are zoned LDR do not occupy the entire 200-foot shoreline environment. Thus, it is confusing for the remaining parts of the George Long property that are zoned C/LI. Are these properties classified as "urban conservancy?" Could a development on the C/LI portion of the property use the residential designation for the shoreline to have greater impacts on the shoreline environment? Having the entire property under the same zoning solves helps to address these questions. 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act. The proposed rezone will comply with the following requirements of RCW 36.70A.020: (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this 37 state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. The ability to develop the George Long property in the future is hindered by the split zoning on the four parcels. Consolidating the parcels into on lot, with one zoning classification will enable future development on the property in the event that the City is unable to secure a final deal with King County to purchase the property. Additionally, the Great American Casino is currently using a portion of the LDR property for parking. Rezoning the property and allowing the casino' to continue to use this area for parking will allow this business to continue to operate successfully. (7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability. Having four separate parcels create significant confusion in the permit process. In addition, two zoning classifications on the property also creates confusion as part of any project on the property. The property also contains two shoreline designations since the residential portion of the property is not within the 200 feet of the shoreline. Thus, the George Long property, 200 feet from the ordinary high- water mark, appears to be both in the residential environment of the shoreline zone and urban conservancy. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. The rezone may also require a reclassification of the shoreline designation for the property from residential environment to urban conservancy. Urban conservancy requires a greater setback from the river than is required in residential environment. In the unlikely event that the City is unable to reach an agreement with King County on purchasing the property for a restoration site the City will sale the entire George Long site to a private buyer. The rezone will thus provide a greater buffer than is required under the residential zoning and also ensure that any future project on the George Long property completes required shoreline restoration. 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies. Overall this project is consistent with the adopted Countywide Planning Policies. Specifically, the request is consistent with the following Countywide Planning Policies. 1 Economic Development staff intends to complete a BLA and lot consolidation with the casino to incorporate the parking into their lot. The casino lot is already zoned C/LI. 38 EN-12 Work cooperatively with the federal, state, and regional agencies and forums to develop regional levee maintenance standards that ensure public safety and protect habitat. EN-14 Manage natural drainage systems to improve water quality and habitat functions, minimize erosion and sedimentation, protect public health, reduce flood risks, and moderate peak storm water runoff rates. Work cooperatively among local, regional, state, national and tribal jurisdictions to establish, monitor and enforce consistent standards for managing streams and wetlands throughout drainage basins. The City anticipate selling the property to King County to be used as a future restoration or mitigation site. The zoning issues creates issue with the shoreline designation for the property. By providing one zoning for the George Long site, it removes confusion during any future permit review for the restoration site. In addition, DP-3 Efficiently develop and use residential, commercial, and manufacturing land in the Urban Growth Area to create healthy and vibrant urban communities with a full range of urban services, and to protect the long-term viability of the Rural Area and Resource Lands. Promote the efficient use of land within the Urban Growth Area by using methods such as: • Directing concentrations of housing and employment growth to designated centers; • Encouraging compact development with a mix of compatible residential, commercial, and community activities; • Maximizing the use of the existing capacity for housing and employment; and • Coordinating plans for land use, transportation, capital facilities and services. The proposed rezone would allow for the better usage of commercial land and prevent land that is undesirable for residential from being developed. DP-7 Plan for development patterns that promote safe and healthy routes to and from public schools. If the two LDR zoned properties were developed with housing it would create a significant unsafe route for kids going to and from school. 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted. No changes in any of the City's functional plans are needed to accommodate this rezone request. The Interurban Ave area is highly developed and the George Long Property contains a light industrial building. 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City, No capital improvements are needed to support this rezone. This rezone implements the City's long term policy of vacating the George Long property. 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. 39 The City's shoreline maps will need to be updated to reflect a change in the shoreline designation due to the rezone. The two parcels along the river are currently classified as residential environment under the shoreline code. However, if approved to C/LI the shoreline designation would now be urban conservancy. 40 Return to Title Page TITLE 18 — ZONING CHAPTER 18.30 COMMERCIAL/LIGHT INDUSTRIAL (C/LI) DISTRICT Sections: 18.30.010 Purpose 18.30.020 Land Uses Allowed 18.30.060 On -Site Hazardous Substances 18.30.070 Design Review 18.30.080 Basic Development Standards 18.30.010 Purpose This district implements the Commercial/Light Industrial Comprehensive Plan designation. It 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. (Ord. 1758 §1 (part), 1995) 18.30.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." (Ord. 2500 §15, 2016) 18.30.060 On -Site Hazardous Substances No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC Chapter 21.08.) (Ord. 1758 §1 (part), 1995) 18.30.070 Design Review Design review is required for new developments within 300 feet of residential districts, all projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation, or for developments larger than 1,500 square feet outside the shoreline jurisdiction. Commercial structures between 1,500 and 10,000 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See TMC Chapter 18.60, Board of Architectural Review.) (Ord. 2368 §31, 2012; Ord. 2005 §10, 2002; Ord. 1758 §1 (part), 1995) 18.30.080 Basic Development Standards Development within the Commercial Light Industrial District shall conform to the following listed and referenced standards: C/LI BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Second front, if any portion of the yard is within 50 feet of LDR, MDR, HDR 15 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 4 stories or 45 feet Off-street parking: • Warehousing 1 per 2,000 sq. ft. usable floor area min. • Office 3 per 1,000 sq. ft. usable floor area min. • Retail 2.5 per 1,000 sq. ft. usable floor area min. • Manufacturing 1 per 1,000 sq. ft. usable floor area min. • Other Uses See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord. 2678 §32, 2022; Ord. 1872 §8, 1999; Ord. 1758 §1 (part), 1995) Produced by the City of Tukwila, City Clerk's Office Page 18-84 41 42 DUWAMISH TRIBE dxwdw? abs 10/11/2023 City of Tukwila L21-0145 George Long Rezone Dear Max Baker, Thank you for the opportunity to comment on the project L21-0145 to rezone the George Long property from LDR (low density residential) to C/LI (city/low industrial) located at 14000 Interurban Ave S. The Comp Plan Amendments from 12/2021 indicate that the rezoning would allow for a change in shoreline designation to urban conservancy which would result in a greater setback for the Duwamish River. We also note from these amendments that King County is planning to purchase the property for (salmon) restoration efforts. The Duwamish Tribe supports the rezoning. Thank you, Nancy A Sackman Duwamish Tribe Cultural Preservation preservationdept@duwamishtribe.org re ingthe No with the help nl nur ancestors, tot the pututc of our children DlA.r shhhl �nY �H.a� ItLsO� lt<F? h HISTORIC PR I -NERVATION IlEPARTNIENT CH Duwamish Tribal Services 14705 W. Marginal Way SW, Seattle, WA 98106 1206-431-1582 www.duwamishtribe.org 43