HomeMy WebLinkAboutReg 2023-11-20 Item 6E.1 - Resolution - Denial of Proposed Rezone of 13536 52nd Avenue South to High Density ResidentialCOUNCIL AGENDA SYNOPSIS
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Meeting Date
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11/6/2023
IG
11/20/2023
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ITEM INFORMATION
ITEM No.
6.E.(1)
STAFF SPONSOR: NORA GIERLOFF
ORIGINAL AGENDA DATE: 11/6/2023
AGENDA ITEM TITLE Request for rezone from Low Density Residential to High Density Residential at
13536 52nd Avenue 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
® Resolution
Mtg Date 11/20
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Meg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD
Finance ❑ Fire ❑ P&R ❑ Police ❑ MG
SPONSOR'S
SUMMARY
Tukwila has received an application to change the zoning and Comprehensive Plan map for
one parcel, current zoning Low Density Residential (LDR) to proposed zoning High Density
Residential (HDR). City Council voted to deny the application following a public hearing at
the November 6, 2023 Regular Meeting; a resolution adopting findings of fact and
conclusion is required to support the City Council's decision.
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
Public Hearing held with a motion to deny
11/20/2023
MTG. DATE
ATTACHMENTS
11/6/23
Informational Memorandum dated 10/31/2023
Staff Report with attachments
Draft Ordinance
11/20/23
Resolution for Denial
135
136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, CONFIRMING THE DENIAL OF
THE PROPOSED COMPREHENSIVE PLAN MAP
AMENDMENT AND REZONE OF CERTAIN REAL PROPERTY
LOCATED AT 13536 52ND AVENUE S., TUKWILA, FROM
LOW DENSITY RESIDENTIAL (LDR) TO HIGH DENSITY
RESIDENTIAL (HDR).
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 (permit no. L22-0127) for consideration of
a change to the Comprehensive Land Use and Zoning Maps for the property located at
13536 52nd Avenue South (the "Property"); and
WHEREAS, the zoning of the Property is currently Low Density Residential; and
WHEREAS, the Applicant seeks to rezone the entirety of the Property to High Density
Residential; and
WHEREAS, on May 9, 2023, the City mailed a Notice of Application to the
surrounding property owners and tenants, and on May 23, 2023, held the required public
meeting regarding the proposed rezone and change to the Zoning Map; and
WHEREAS, the City of Tukwila has complied with the requirements of the State
Environmental Policy Act by making a determination on July 18, 2023, that no significant
environmental impact would occur as a result of the Zoning Map change; and
WHEREAS, notice of the public hearing was timely published in the Seattle Times,
posted onsite, and mailed to surrounding properties; and
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WHEREAS, on November 6, 2023, the City Council held a public hearing and, after
receiving and studying staff analysis and comments from the public, passed a motion by
a vote of 6-0 (1 recusal) to deny permit no. L22-0127;
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, as set forth below in support of its decision to deny permit no.
L22-0127.
A. The facts regarding the proposal as set forth on pages 1-5 in the Staff Report
dated November 6, 2023, are hereby adopted as findings in support of
Council's decision to deny the permit no. L22-0127.
B. Pursuant to Tukwila Municipal Code ("TMC") Section 18.84.020, each
determination granting a rezone and the accompanying Comprehensive
Plan map change shall show specifically that all of the following conditions
exist:
1. The proposed amendment to the Zoning Map is consistent with the
goals, objectives, and policies of the Comprehensive Plan;
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;
3. There are changed conditions since the previous zoning became
effective to warrant the proposed amendment to the Zoning Map; and
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.
C. After considering the Staff Report, as well as the public testimony, the City
Council concluded that the applicant failed to meet the fourth criterion in
TMC Section 18.84.020 because the proposed amendment to the Zoning
Map is not in the interest of furtherance of the public health, safety, comfort,
convenience and general welfare and will adversely affect the surrounding
neighborhoods, be injurious to other properties in the vicinity in which the
subject property is located due to potential externalities created by increased
development capacity on the site including increased traffic, inconsistencies
in permitted building height with the surrounding neighborhood, lack of
available on -street public parking in the immediate area, and anticipated
difficulties with construction on the site.
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Section 2. Rezone Denied. Based on the foregoing findings and conclusions, the
City Council denies permit no. L22-0127.
Section 3. Effective Date. This resolution shall take effect immediately upon its
passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC Cynthia Delostrinos Johnson
City Clerk Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
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