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HomeMy WebLinkAboutPermit PL16-0063 - FLOWER POWER USA - REZONE TO LDR TO C/LIFLOWER POWER USA - LDR TO C/LI SITE APN: 2613200028 RECEIVED PARENT PROJECT NO: PL16-0063 PROJECT N O : L16-0084 Washington Ordinance No.D,..0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 13407 48TH AVENUE S., TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL/LIGHT INDUSTRIAL (C/LI); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and Tong -term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, as part of the City's 2016-2017 Comprehensive Plan docket of potential amendments, the City received an application for consideration of a change to the Comprehensive Land Use and Zoning Maps for the Flower Power project; and WHEREAS, on July 17, 2017, City staff held the required public meeting regarding the proposed change to the Zoning Map (Exhibit A) for the surrounding property owners and tenants; and WHEREAS, at the public meeting an adjacent resident expressed concern about truck and commercial traffic on 48th Avenue S. that would be associated with the proposed change; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act by making a determination on September 14, 2017 that no significant environmental impact would occur as a result of the Zoning Map change; and WHEREAS, notices of the public hearing were timely published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, on September 25, 2017, 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 W: Word Processing\Ordinances1Rezone approval -Flower Power 9-27-17 MB:bjs Page 1 of 3 WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions and has determined the public interest will be served by approving the rezone application, which is in compliance with the City of Tukwila Comprehensive Plan's Land Use Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, IHEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts Findings and Conclusions, attached hereto as Exhibit B and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved Subject to Condition. The property located at 13407 48th Avenue S., Tukwila, Washington, King County tax parcel #2613200028, as legally described and shown in the attached Exhibit C, is hereby approved to be rezoned from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) subject to the condition that addressing and access to commercial light industrial uses shall be limited to S. 134th Place. Within 30 days of passage of this ordinance, the applicant shall record against the subject property a covenant or other document approved by the City requiring compliance with the stated condition. Failure to record such a covenant or other approved document and/or failure to comply with the condition 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. Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official Zoning Map to show the zoning change authorized in Section 2. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W: Word Processing1Ordlnances\Rezone approval -Flower Power 9-27-17 MB:bjs Page 2 of 3 PASSED BY THE CITY COUNCIJ. OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of ( CT17 r , 2017. ATTEST/AUTHENTICATED: VL))tal) Christy O'FI erty, MMC, City CIe APPROVED AS TO FORM BY: Rachel B. Turpin, Ply Allan Ekberg, ayor Filed with the City Passed by the City Council: Published: Effective Date: Ordinance Number: D '0-W-417 Exhibit A — Zoning Map Exhibit B — Findings and Conclusions Staff Report (File #PL16-0063) Exhibit C — Legal Description and Site Map W: Word Processing\Ordinances\Rezone approval -Flower Power 9-27-17 MB:bjs Page 3 of 3 Exhibit A Comprehensive Plan and Zoning Maps Flower Power Site Change from LDR to CLI Exhibit B Flower Power Site Specific Map Change Findings and Conclusions Background This application is part of the 2016-2017 annual docket for amendment of the Comprehensive Plan. The purpose of an annual docket is to ensure that changes to the Comprehensive Plan are only considered once a year and that they are considered concurrently so the cumulative impact of the proposals can be determined. The applicant is seeking changes in the Comprehensive Plan and Zoning maps for a 28,270-square foot lot located at 13407 48th Ave. S., Tukwila, Washington, King County tax parcel no. 261320-0028 (the "Site") from Low Density Residential (LDR) to Commercial Light Industrial (C/LI) for the following reasons: 1. As the resident of the home located on the Site, he thinks that the noise from the LINK trains is unacceptable in a residential setting; 2. As the property owner of the Site since 1992, he has had much flooding from the Southgate stream that travels along the south and east sides of the Site and along the edge of the existing home. A 2003 project to install a high flow by-pass upstream of the site does not alleviate all flooding, which continues during rain storms. 3. He owns and operates a business growing bean sprouts, which he sells commercially and that is being displaced by a King County levee project in Kent. He would like to relocate his operation to this Site where he currently lives. C/Li zoning on the Site would allow the hydroponic growing of the bean sprouts and their assembly and distribution. This non -project proposal is a quasi-judicial change to the land use designation on the Tukwila Comprehensive Plan and Zoning maps. If the zoning is changed, any Muse would be permitted subject to all City regulations; however, the applicant has stated his intent to construct a new commercial/light industrial building for his hydroponic bean sprout business. The applicant submitted an existing site plan and a proposed site plan as an example of his intent. COMPREHENSIVE PLAN AND ZONING MAP CHANGE CRITERIA 1) The proposed amendment to the [Comprehensive Plan and] zoning map Is consistent with the goals, objectives, and policies of the Comprehensive Plan. Comprehensive Plan policies discuss having identifiable boundaries for residential districts. Access and orientation of lots has an impact on the quality of the residential environment. Most single-family home owners prefer to see the same use across the street from them as evidenced by City policy of "identifiable neighborhood boundaries." The Site's existing orientation is to S. 134th Place, which is a commercial local access street, rather than to 48th Avenue S., which is a residential local access street. The existing structure, a home, sits at an elevation that is approximately 10 feet below 48th Avenue S., which would make access via 48th Avenue more difficult, expensive, and potentially more impactful to Page 1 of 4 Exhibit B Southgate stream than access via 134th Place. Thus, because access via S. 134th Place is preferred, including this Site in the CAI district would be a logical boundary. In addition, the Comprehensive Plan's natural environment policies would support the redevelopment of the Site and the restoration of the buffer for the Southgate stream. A C/Li designation would potentially encourage the redevelopment of the Site. The Flower Power application for a map change is supported by the following Comprehensive Plan policies: The Residential Neighborhoods Element goal: A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses. (Goal 7.1) The policies of that Element then speak about recognizable boundaries: Maintain a comprehensive land use map that supports the preservation and enhancement of single family and stable multi family neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries. (Policy 7.1.1) The C/LI zoned lot along the Site's north edge, 4625 5. 134th Place, is improved with an older house, but the lot is being used for parking for Holaday Park, which is the business located across S. 134th Place street (and in a C/LI district,) blurring the boundaries for these distinct zoning districts. The Natural Environment Element has the following goal: Watercourses and their buffers, .... are protected from encroachment and degradation and improved through mitigation, enhancement, and restoration projects. (Goal 4.6) It is difficult to see the development on the Site because the vegetation covers the site and stream; however, the existing structure was constructed over 70 decades ago in the stream buffer prior to enactment of the City's environmental regulations. An existing site plan is attached as Exhibit D. 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) The applicant also lists an Economic Development Policy, which is contained on Attachment A, related to promoting and supporting business formation, expansion and the importance of the City's entrepreneurs and small businesses in creating jobs, The applicant references several policies in the Community Image and Identity Element related to local food production, which are listed in his prepared comments for the required Type 5 public meeting. See Attachment A in the Staff Report. Page 2 of 4 Exhibit B 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. The purpose of the Commercial/Light Industrial (C/LI) designation and zone are, "...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." (TMC 18.30.010) The Site is similar in character to the adjacent CAI properties to the north in that it has frontage along S. 134th Place, has Southgate stream along its street frontage, has frequent truck traffic along it's frontage, and is similar in topography and lot size. The applicant discusses developing a commercial/light industrial business that would be consistent with the proposed Zone and the Site contains the characteristics of similar C/LI properties. The proposed C/LI zoning would allow the applicant to relocate his existing business, which is a hydroponic bean sprout grow operation, to the City of Tukwila from the City of Kent. His business is currently housed in a warehouse in Kent that is being displaced due to a Green River Levee project. The CAI zone allows commercial greenhouses with no size limit whereas in LDR, greenhouses are allowed up to 1,000 square feet.) In contrast, the purpose of the Low Density Residential (LDR) district is "... to provide low -density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses." (TMC 18.10.010) Except for the Site, the zoning designation of all properties fronting along S. 134th Place are C/LI. The Site is rectangular with the narrow portion of the lot is along 48th Avenue S and the long side of the lot is along 134th Place. The Zoning Code stipulates that lot frontage shall be "considered the narrowest part of the lot that abuts a street." Because the Site is a corner lot and because there is a significant grade difference between 48th Avenue S. and the Site, access to the Site and overall orientation of the property is currently from S. 134th Place. 3) There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning [and Comprehensive Plan] Map. In 2007, a Type 2 Special Permission for a buffer reduction was granted to the property owner of 4501 S. 134th Place. Sound Transit acquired and in 2009 consolidated 11 residentially zoned parcels across 48th Avenue S. and diagonally across the street from the Site. There was a Comprehensive Plan and Zoning map change in 2010 when 4300 S. 133rd S. was rezoned from C/LI to Medium Density Residential. Southgate Stream traverses this site and is located two blocks northwest of the Site. There have been no other zoning changes in this area since 1995, when the current zoning was instituted. New homes and short platting are occurring to the south and west of the Site in the LDR district. Page 3 of 4 Exhibit B The initial zoning districts created and mapped for this area were not based upon an in-depth analysis of site specific conditions. Greater scrutiny of the site and neighborhood characteristics indicate that moving the CAI boundary to 48th Avenue S., with conditions, meets the purpose of the C/LI zone. 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. The request would extend the boundary line for the CAI district to 48th Avenue S. A comparison of standards between the LDR and C/LI zones shows that the standards are larger for uses in the C/LI than for single family homes in LDR. Also, the standards for building in C/LI increase when the site is within 50 feet of LDR, which would be the case for the west property line of the Site. Standards in the C/LI zone are in place to minimize impact and any nuisance to adjacent residential properties. 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 in effect in the C/LI for air quality, noise and SEPA compliance and environmental regulations for restoring and protecting environmentally sensitive resources. The proposed change would set a more logical boundary and not negatively impact the residential environment of 48th Avenue S. if access is limited to S. 134th Place. Compliance with the applicable C/LI and nonconforming standards will ensure the proposed use of the Site will not adversely affect or injure other properties in the vicinity. Page 4 of 4 Exhibit C Flower Power Legal Description and Site Map Comprehensive Plan and Zoning Map change file # PL 16-0063 .47,as Tract 13 Fostoria Garden Tracts Vol. 9 pg. 95 Tax Record: Quarter NE, Section 15, Township 23, Range 4 (NE-15-23-4) Parcel 261320-0028, Fostoria Garden TRS NELY 110 FT City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2551-2552. On October 2, 2017 the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: Ordinance 2551: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE PLAN AS PART OF ITS ANNUAL DOCKET FOR 2016-2017 BY UPDATING THE TRANSPORTATION ELEMENT AND BY MODIFYING THE COMPREHENSIVE LAND USE MAP; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2552: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 13407 48TH AVENUE S., TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAULIGHT INDUSTRIAL (C/LI); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: October 5, 2017 1' ---i IAA w Tukwila City Council Agenda Jy ••• REGULAR MEETING ❖ , 0 �a? Allan Ekberg, Mayor Counci/members + Joe Duffle + Verna Seal David Cline, City Administrator + KathyHougardy + D ' �90 Y 9 Y DeSean Quinn Dennis Robertson, Council President ❖ Kate Kruller ❖ Thomas McLeod Monday, October 2, 2017; 7:00 PM • Ord #2551 • Res #1916 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATION Police Department life-saving awards. Deputy Police Chief Bruce Linton. Sergeant Zack Anderson, Officer Mike Richardson and Officer James Thompson 3. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. CONSENT AGENDA a. Approval of Minutes: 9/18/17 (Regular) b. Approval of Vouchers c. Authorize the Mayor to sign a contract with Lucity, Inc., for a Public Works asset management system in the amount of $132,800.00, with ongoing maintenance costs. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 9/26/171 Pg.1 5. UNFINISHED BUSINESS a. An ordinance amending the Comprehensive Plan as part of its annual docket for 2016-2017 by updating the Transportation Element and by modifying the Comprehensive Land Use Map. b. An ordinance rezoning certain real property located at 13407 48th Avenue South, Tukwila, from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI). c. A motion to approve a visitor marketing brand (brand mark). Pg.37 Pg.85 Pg.101 6. NEW BUSINESS Authorize the Mayor to sign Supplement No. 3 to contract #16-092 with AKANA for the Tukwila Urban Center (TUC) Pedestrian/Bicycle Bridge Project, in the amount of $214,689.00. Pg.113 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report and Monthly Public Safety Plan update d. City Attorney e. Council Analyst Pg.129 8. MISCELLANEOUS 9. EXECUTIVE SESSION — Potential property acquisition — Pursuant to RCW 42.30.110(1)(b) — 60minutes 10. ADJOURNMENT Reasonable City Clerk's Office www.tukwilawa.gov, Tukwila City Hall is ADA accessible. accommodations are available at public hearings with advance notice to the (206-433-1800 or TukwilaCityClerkaTukwilaWA.gov). This agenda is available at and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.aov) HOW TO TESTIFY When recognized by the Presiding Officer to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. COUNCIL AGENDA SYNOPSIS Initials ---------..—.---------------- Meeting Date Prepared by May s view Council mien! 09/25/17 MCB 10/02/17 MCB ,D1„ R ITEM INFORMATION ITEM NO. 5.B. $TAI.F SPONSOR: MOYRA BRADSHAW ORIGINAL AGENDA DA`t'E: 9/25/2017 AGENDA ITEM TIME A Comprehensive Plan and Zoning map change request from (LDR) to Commercial Light Industrial (C/LI) at 13407 48 Flower Power. Low Density Avenue S. for the Residential project CATEGORY ] Discussion Mi Dale ❑ Motion Mtg Dale [] Resolution hitg Date /1 Ordinance ❑ Bid Award MIS Date El Public Hearing Mug Dale 9/25/17 ■ Other 11M11g Date 10/2/17 Mg Date SPONSOR ❑Council ■Mayor El el DCD ❑.Finance ❑Fire ❑TS DP&R QPolice ■PIE% ❑Court SPONSOR'S Tukwila may amend its Comprehensive Plan once a year. On January 1 of each year, DCD SUMMARY assembles applications from the previous year into a docket of potential amendments. A property owner submitted a request for the map change from LDR to C/LI. Following the required hearing, the City Council may approve, modify or deny the request. 1t(IN [E W EL) BY • C.O.W. Mtg. ❑ CDN Comm ❑ Arts Comm. ❑ Finance Comm. Comm. CHAIR: NA ❑ Public Safety Comm. Trans &Infrastructure DATE: NA ® Parks U Planning Comm. COMMI JTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT Department of Community Development rEE Quasi-judicial - Not applicable COST IMPACT / FUND SOURCE Exmm:NID1I'URr? REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ _ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/25/17 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 9/25/17 Staff Report to City Council Draft Ordinance to amend the Comprehensive Plan Draft Ordinance to amend the Zoning Code map 10/2/17 infonatinnal Memorandum dated 9/27/17 Ordinance in strike-thru underlined format f City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Jack Pace, Community Development Department Director BY: Moira Carr Bradshaw, Senior Planner Copy: Mayor Ekberg DATE: September 27, 2017 SUBJECT: Flower Power Comprehensive Plan and Zoning Maps change ISSUE Additional language is being recommended to the draft ordinances to address the access condition of restricting commercial/light industrial access to S. 134 Place. BACKGROUND The findings and conclusions supporting the decision to change the Comprehensive Plan and Zoning maps include the condition that any commercial/light industrial use be limited to vehicular access from S. 134th Place. DISCUSSION The draft ordinances are being modified to include additional language regarding that condition. The language specified a deadline for the recording of the condition. FINANCIAL IMPACT None RECOMMENDATION Staff recommends that the Council approve the draft ordinances with the revised language. ATTACHMENTS Revised Draft Comprehensive Plan and Zoning Code ordinances 87 RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 13407 48TH AVENUE S., TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL/LIGHT INDUSTRIAL (C/U); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and Tong -term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, as part of the City's 2016-2017 Comprehensive Plan docket of potential amendments, the City received an application for consideration of a change to the Comprehensive Land Use and Zoning Maps for the Flower Power project; and WHEREAS, on July 17, 2017, City staff held the required public meeting regarding the proposed change to the Zoning Map (Exhibit A) for the surrounding property owners and tenants; and WHEREAS, at the public meeting an adjacent resident expressed concern about truck and commercial traffic on 48th Avenue S. that would be associated with the proposed change; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act by making a determination on September 14, 2017 that no significant environmental impact would occur as a result of the Zoning Map change; and WHEREAS, notices of the public hearing were timely published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, on September 25, 2017, 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 W: Word ProcessingtOrdinanceslRezone approval -Flower Power 9-27-17 strike-thru MB:bjs Page 1 of 3 89 / WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions and has determined the public interest will be served by approving the rezone application, which is in compliance with the City of Tukwila Comprehensive Plan's Land Use Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts Findings and Conclusions, attached hereto as Exhibit B and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved Subject to Condition. The property located at 13407 48th Avenue S., Tukwila, Washington, King County tax parcel #2613200028, as legally described and shown in the attached Exhibit C, is hereby approved to be rezoned from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) subject to the condition that addressing and access to commercial light industrial uses shall be limited to S. 134th Place. Within 30 days of passage of this ordinance, the applicant shall record against the subject property a covenant or other document approved by the City requiring compliance with the stated condition. Failure to record such a covenant or other approved document and/or failure to comply with the condition 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. Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official Zoning Map to show the zoning change authorized in Section 2. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W: Word Processing\Ordinances\Rezone approval -Flower Power 9-27-17 strike-thru MB:bjs Page 2 of 3 90 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A — Zoning Map Exhibit B — Findings and Conclusions Staff Report (File #PL16-0063) Exhibit C — Legal Description and Site Map W: Word Processinglordinances\Rezone approval -Flower Power 9-27-17 strike-thru MB:bjs Page 3 of 3 91 Exhibit A Comprehensive Plan and Zoning Maps 93 Flower Power Site Specific Map Change Findings and Conclusions Background Exhibit B This application is part of the 2016-2017 annual docket for amendment of the Comprehensive Plan. The purpose of an annual docket is to ensure that changes to the Comprehensive Plan are only considered once a year and that they are considered concurrently so the cumulative impact of the proposals can be determined. The applicant is seeking changes in the Comprehensive Plan and Zoning maps for a 28,270-square foot lot located at 13407 48th Ave. S., Tukwila, Washington, King County tax parcel no. 261320-0028 (the "Site") from Low Density Residential (LDR) to Commercial Light Industrial (C/LI) for the following reasons: 1. As the resident of the home located on the Site, he thinks that the noise from the LINK trains is unacceptable in a residential setting; 2. As the property owner of the Site since 1992, he has had much flooding from the Southgate stream that travels along the south and east sides of the Site and along the edge of the existing home. A 2003 project to install a high flow by-pass upstream of the site does not alleviate all flooding, which continues during rain storms. 3. He owns and operates a business growing bean sprouts, which he sells commercially and that is being displaced by a King County levee project in Kent. He would like to relocate his operation to this Site where he currently lives. C/LI zoning on the Site would allow the hydroponic growing of the bean sprouts and their assembly and distribution. This non -project proposal is a quasi-judicial change to the land use designation on the Tukwila Comprehensive Plan and Zoning maps. If the zoning is changed, any C/LI use would be permitted subject to all City regulations; however, the applicant has stated his intent to construct a new commercial/light industrial building for his hydroponic bean sprout business. The applicant submitted an existing site plan and a proposed site plan as an example of his intent. COMPREHENSIVE PLAN AND ZONING MAP CHANGE CRITERIA 1) The proposed amendment to the [Comprehensive Plan and] zoning map is consistent with the goals, objectives, and policies of the Comprehensive Plan. Comprehensive Plan policies discuss having identifiable boundaries for residential districts. Access and orientation of lots has an impact on the quality of the residential environment. Most single-family home owners prefer to see the same use across the street from them as evidenced by City policy of "identifiable neighborhood boundaries." The Site's existing orientation is to S. 134th Place, which is a commercial local access street, rather than to 48th Avenue S., which is a residential local access street. The existing structure, a home, sits at an elevation that is approximately 10 feet below 48th Avenue S., which would make access via 48th Avenue more difficult, expensive, and potentially more impactful to Page 1 of 4 95 Exhibit B Southgate stream than access via 134th Place. Thus, because access via S. 134th Place is preferred, including this Site in the C/LI district would be a logical boundary. In addition, the Comprehensive Plan's natural environment policies would support the redevelopment of the Site and the restoration of the buffer for the Southgate stream. A C/LI designation would potentially encourage the redevelopment of the Site. The Flower Power application for a map change is supported by the following Comprehensive Plan policies: The Residential Neighborhoods Element goal: A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses. (Goal 7.1) The policies of that Element then speak about recognizable boundaries: Maintain a comprehensive land use map that supports the preservation and enhancement of single family and stable multi family neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries. (Policy 7.1.1) The C/LI zoned lot along the Site's north edge, 4625 S. 134th Place, is improved with an older house, but the lot is being used for parking for Holaday Park, which is the business located across S. 134th Place street (and in a C/LI district,) blurring the boundaries for these distinct zoning districts. The Natural Environment Element has the following goal: Watercourses and their buffers, .... are protected from encroachment and degradation and improved through mitigation, enhancement, and restoration projects. (Goal 4.6) It is difficult to see the development on the Site because the vegetation covers the site and stream; however, the existing structure was constructed over 70 decades ago in the stream buffer prior to enactment of the City's environmental regulations. An existing site plan is attached as Exhibit D. 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) The applicant also lists an Economic Development Policy, which is contained on Attachment A, related to promoting and supporting business formation, expansion and the importance of the City's entrepreneurs and small businesses in creating jobs. The applicant references several policies in the Community Image and Identity Element related to local food production, which are listed in his prepared comments for the required Type 5 public meeting. See Attachment A in the Staff Report. Page 2 of 4 96 f Exhibit B 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. The purpose of the Commercial/Light Industrial (C/LI) designation and zone are, "...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." (TMC 18.30.010) The Site is similar in character to the adjacent C/LI properties to the north in that it has frontage along S. 134th Place, has Southgate stream along its street frontage, has frequent truck traffic along it's frontage, and is similar in topography and lot size. The applicant discusses developing a commercial/light industrial business that would be consistent with the proposed Zone and the Site contains the characteristics of similar C/LI properties.. The proposed C/LI zoning would allow the applicant to relocate his existing business, which is a hydroponic bean sprout grow operation, to the City of Tukwila from the City of Kent. His business is currently housed in a warehouse in Kent that is being displaced due to a Green River Levee project. The C/LI zone allows commercial greenhouses with no size limit whereas in LDR, greenhouses are allowed up to 1,000 square feet.) In contrast, the purpose of the Low Density Residential (LDR) district is "... to provide low -density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses." (TMC 18.10.010) Except for the Site, the zoning designation of all properties fronting along S. 134th Place are C/LI. The Site is rectangular with the narrow portion of the lot is along 48th Avenue S and the long side of the lot is along 134th Place. The Zoning Code stipulates that lot frontage shall be "considered the narrowest part of the lot that abuts a street." Because the Site is a corner lot and because there is a significant grade difference between 48th Avenue S. and the Site, access to the Site and overall orientation of the property is currently from S. 134th Place. 3) There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning [and Comprehensive Plan] Map. In 2007, a Type 2 Special Permission for a buffer reduction was granted to the property owner of 4501 S. 134th Place. Sound Transit acquired and in 2009 consolidated 11 residentially zoned parcels across 48th Avenue S. and diagonally across the street from the Site. There was a Comprehensive Plan and Zoning map change in 2010 when 4300 5. 133rd S. was rezoned from C/LI to Medium Density Residential. Southgate Stream traverses this site and is located two blocks northwest of the Site. There have been no other zoning changes in this area since 1995, when the current zoning was instituted. New homes and short platting are occurring to the south and west of the Site in the LDR district. Page 3 of 4 97 i Exhibit B The initial zoning districts created and mapped for this area were not based upon an in-depth analysis of site specific conditions. Greater scrutiny of the site and neighborhood characteristics indicate that moving the C/LI boundary to 48th Avenue S., with conditions, meets the purpose of the C/LI zone. 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. The request would extend the boundary line for the C/LI district to 48th Avenue 5. A comparison of standards between the LDR and C/LI zones shows that the standards are larger for uses in the C/LI than for single family homes in LDR. Also, the standards for building in C/LI increase when the site is within 50 feet of LDR, which would be the case for the west property line of the Site. Standards in the C/LI zone are in place to minimize impact and any nuisance to adjacent residential properties. 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 in effect in the C/LI for air quality, noise and SEPA compliance and environmental regulations for restoring and protecting environmentally sensitive resources. The proposed change would set a more logical boundary and not negatively impact the residential environment of 48th Avenue S. if access is limited to S. 134th Place. Compliance with the applicable C/LI and nonconforming standards will ensure the proposed use of the Site will not adversely affect or injure other properties in the vicinity. Page 4 of 4 98 154701s Of. 1120019 Flower Power Legal Description and Site Map Comprehensive Plan and Zoning Map change file # PL 16-0063 12i501 s otts 770013 0050 110009s 9600:s TU s 7354, VOL 9-95 109901s 5113 BLA , 253441 "0 C071 4300 is WV_ 28270Is 54040 WM 5900$ 0 11 19 20 Innis Exhibit C • 4C'ff led- ‘‘. • ,1,,,c041•7?.6E 9400i N49-19-0iie El • !•141•41.•54E 1C. 49 • 5160#32 Tract 13 Fostoria Garden Tracts Vol. 9 pg. 95 Tax Record: Quarter NE, Section 15, Township 23, Range 4 (NE-15-23-4) Parcel 261320-0028, Fostoria Garden TRS NELY 110 FT 99 Moira Bradshaw From: Ann Marie Soto <AnnMarie@kenyondisend.com> Sent: Wednesday, September 27, 2017 9:43 AM To: Moira Bradshaw; Rachel Turpin Cc: Mary Maughan Subject: RE: ReZone condition It would be a legal document that the applicant would be required to record against the property. You can add language to the ordinance immediately before listing the conditions as follows (sorry — my new computer is being installed right now and I can't access the draft ordinance): Within _ days of passage of this ordinance, the Applicant shall record against the subject property a covenant or other document approved by the City requiring compliance with the following conditions. Failure to record such a covenant or other approved document and/or failure to comply with the conditions shall cause the rezone to be null and void, and the subject property shall revert to the zoning immediately preceding passage of this ordinance. Ann Marie Soto Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah, WA 98027-3820 Phone: (425) 392-7090, ext. 2205 Fax: (425) 392-7071 AnnMarie@kenyondisend.com www.kenyondisend.com From: Moira Bradshaw [mailto:Moira.Bradshaw@TukwilaWA.gov] Sent: Wednesday, September 27, 2017 8:42 AM To: Ann Marie Soto <AnnMarie@kenyondisend.com>; Rachel Turpin <Rachel.Turpin@TukwilaWA.gov> Cc: Mary Maughan <marym@kenyondisend.com> Subject: RE: ReZone condition Would this language be modification to the existing ordinances or just a legal document that the applicant would be required to record against the property? Thanks, Moira From: Moira Bradshaw Sent: Tuesday, September 26, 2017 11:44 AM To: Ann Marie Soto <annmarie@kenyondisend.com>; Rachel Turpin <Rachel.Turpin@TukwilaWA.gov> Cc: Mary Maughan <marym@kenyondisend.com> Subject: Re: ReZone condition 1 The applicant has been difficult and objected to the condition. I think we should have some mechanism. I've read in some past Tukwila rezone ordinances that the map change reverts (or doesn't happen) if the applicant doesn't comply with conditions. Get Outlook for i0S From: Ann Marie Soto <AnnMarie@kenyondisend.com> Sent: Tuesday, September 26, 2017 11:20:11 AM To: Moira Bradshaw; Rachel Turpin Cc: Mary Maughan Subject: RE: ReZone condition Hi Moira — I had merely suggested that the City include a deadline to record a covenant or other document so any subsequent purchasers would be on notice of the conditions. There is no requirement that a covenant be recorded, nor that it be done within a certain number of days. The last we spoke, you did not say whether this was something you wanted to include in the ordinance. I can draft language to this effect if you would like. Just let me know. Thank you. Ann Marie Soto Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah, WA 98027-3820 Phone: (425) 392-7090, ext. 2205 Fax: (425) 392-7071 AnnMarie@kenyondisend.com www.kenyond.isend.com From: Moira Bradshaw[mailto:Moira.Bradshaw@TukwilaWA.gov] Sent: Tuesday, September 26, 2017 11:07 AM To: Rachel Turpin <R2chel.TurpinPTukwilaWA.gov>; Ann Marie Soto <AnnMarie@kenyondisend.com> Subject: ReZone condlition Dear City attorneys„ I recall Ann Marie Said that the property owner would be required to record a condition within an agreed upon # of day's. That is not currently contained in the draft ordinance. (See 9/25 council packet) Changes are needed by tomorrow at 10 am. Can you confirm that the condition process & timeline are NOT needed in the ordinance? 2 Tukwila City Council Agenda NoiLp w4\y^ ' ' d� � p \s ; 19oa ❖ COMMITTEE OF THE WHOLE •❖ Allan Ekberg, Mayor Councilmembers: •:• Joe Duffie •:• Verna Seal David Cline, City Administrator •:• Kathy Hougardy +De'Sean Quinn Dennis Robertson, Council President •:• Kate Kruller + Thomas McLeod Monday, September 25, 2017; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 3. PUBLIC HEARING a. A public hearing for a Comprehensive Plan amendment for the Transportation Element of the Comprehensive Plan. b. A quasi-judicial hearing for a Comprehensive Plan and Zoning Map redesignation request for property at 13407 48th Avenue South (Hower Power). Pg.1 Pg.59 4. SPECIAL ISSUES a. A Comprehensive Plan amendment for the Transportation Element of the Comprehensive Plan. b. A Comprehensive Plan and Zoning Map redesignation request for property at 13407 48th Avenue South (Flower Power). Quasi-judicial c. A resolution to name the northeastern ball field at Joseph Foster Memorial Park as "Joe Henry Duffle" field. Pg.1 Pg.59 Pg.109 5. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 6. MISCELLANEOUS 7. ADJOURNMENT City Tukwila Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the Clerk's Office (206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Council meetings are audio/video taped (available at www.tukwiilawa.gov) HOW TO TESTIFY When recognized by the Presiding Officer to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Wholle Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. r / COUNCIL AGENDA SYNOPSIS _..--Initials Meeting Date Prepared by May s view Council review 09/25/17 MCB 10/02/17 MCB ITEM INFORMATION ITEM No. 3.B. & 4.B. STAFF SPONSOR: MOIRA BRADSHAW ORIGINAL AGENDA DATE: 9/25/2017 AGENDA ITEM TI•Izi. A Comprehensive Plan and Zoning map change request from Low Density Residential (LDR) to Commercial Light Industrial (C/LI) at 13407 48 Avenue S. for the project Flower Power. CATEGORY ❑ Discxrrsion Altg Date ❑ Motion M1g Date ❑ Resolution At Date ® Ordinance Mtg Date 10/2/17 ❑ Bid Award Mtg Date Public Hearing ❑ Other At Date Mtg Date 9/25/17 SPONSOR ❑Council ❑Mayor ❑HR ►1 DCD ❑Finn e DFire NTS DPdrR ®Police [DPW • Court SPONSOR'S Tukwila may amend its Comprehensive Plan once a year. On January 1 of each year, DCD SUMMARY assembles applications from the previous year into a docket of potential amendments. A property owner submitted a request for the map change from LDR to C/LI. Following the required hearing, the City Council may approve, modify or deny the request. REVIEWED BY C.O.W. Mtg. 0 CDN Comm 0 Trans &Infrastructure ❑ Arts Comm. DATE: NA (♦ Finance Comm. Comm. CHAIR: NA ❑ Public Safety Comm. ❑ Parks COMMITTEE II Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMTITEE Department of Community Development Quasi-judicial - Not applicable COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/25/17 MTG. DATE ATTACHMENTS 9/25/17 Staff Report to City Council Draft Ordinance to amend the Comprehensive Plan Draft Ordinance to amend the Zoning Code map 10/2/17 59 City of Tukwila Allan Ekberg, Mayor Department of Community Development Jack Pace, Director Staff Report to the City Council Hearing Date: September 25, 2017 Notification: Mailed to properties and residents within 500' radius Site Posted: 6/29/17 and 9/8/17 Notice published in the Seattle Times File Numbers: E15-0013 SEPA L15-0010 Comprehensive Plan Amendment and Rezone Applicant: Ion Manea Project Name: Flower Power Request: Change Comprehensive Plan and zoning designation from Low Density Residential (LDR) to CommerciaVLight Industrial (C/LI) Location: 13407 48TH AVE S. (Tax Parcel # 261320-0028) Comprehensive Plan: Low Density Residential (LDR) Zoning: Low Density Residential (LDR) SEPA Determination: Determination of Non -Significance issued September 14, 2017 Staff: Moira Bradshaw Attachments: A. Applicant's Public Meeting Presentation B. Site Map with contours and storm conveyance system C. Applicant's response to Decision Criteria D. Existing and proposed site plan 61 f Flower Power Staff Report File # PL16-0063 FINDINGS Background This application is part of the 2016-2017 annual docket for amendment of the Comprehensive Plan. The purpose of an annual docket is to ensure that changes to the Comprehensive Plan are only considered once a year and that they are considered concurrently so the cumulative impact of the proposals can be determined. The applicant for this amendment is seeking changes in the Comprehensive Plan and Zoning Code maps for a 28,270-square foot lot located at 13407 48th Ave. S., Tukwila, Washington, King County tax parcel no. 261320-0028 (the "Site") from Low Density Residential (LDR) to Commercial Light Industrial (C/LI) for the following reasons: 1. As the resident of the home located on the Site, he thinks that the noise from the LINK trains is unacceptable in a residential setting; 2. As the property owner of the Site since 1992, he has had much flooding from the Southgate stream that travels along the south and east sides of the Site and along the edge of the existing home. A 2003 project to install a high flow by-pass upstream of the site does not alleviate all flooding, which continues during rain storms. 3. He owns and operates a business growing bean sprouts, which he sells commercially and that is being displaced by a King County levee project in Kent. He would like to relocate his operation to this Site where he currently lives. C/LI zoning on the Site would allow the hydroponic growing of the bean sprouts and their assembly and distribution. 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 zoning is changed, any C/LI use would be permitted subject to all City regulations; however, the applicant has stated his intent to construct a new commercial/light industrial building for his hydroponic bean sprout business. The applicant submitted an existing site plan and a proposed site plan as an example of his intent. See Attachment D. A neighborhood scale Comprehensive Plan and Zoning Map showing the Site is below. The map shows existing Comprehensive Plan and Zoning designations with the Site outlined in pink. Existing LDR zoning is yellow, and existing CLI zoning is light grey. 62 Page 2 of 13 09/20/2017 t, t ti Flower Power Staff Report File # PL16-0063 Figure 1 - Comprehensive Plan and Zoning Map Site Information The Site is developed with a single family home that was built in 1948. The rectangular shaped property measures approximately 110 feet wide by 258 feet long, and is a corner property. Southgate stream runs along the south and east edge of the home and has caused flooding of the Site and structure. In 2003, the City built a high flow bypass on the south side of 48th Avenue S. Attachment C is an aerial map of the site that has green lines representing underground storm pipes as well as a blue line representing the above ground stream. Due to fish concerns expressed by the Department of Fish and Wildlife, the elevation of the inlet is high enough that water is diverted only during peak flows. Page 3 of 13 09/20/2017 63 J 1i Flower Power Staff Report File # PL16-0063 The Site contains several categories of environmentally sensitive areas summarized below. Watercourse Type 2 watercourse — Southgate Stream Type 2 watercourse buffer of 100 feet Upstream on the south side of 48th Avenue S., the stream is categorized as a Type 3 watercourse (blue on map below.) Landslide Class 2 — Moderate landslide areas with topographic slopes primarily along the 48th Avenue S. and S. 134th Place where the stream is located. • v Streams • • Type 2 Steam Type 2 Stream n P.pe — Type 3Stream o Type 3 Stream n P,pe -- Type 4 S-.reem ® Type 4 Stream n F pe ✓ Speen-304,s ❑ so ❑ $0 ❑ 100 F sh rdri 'd ?e! eb :at Fsh'.b d e3u°er V.et'ards ▪ Category O Catego r't i J Ce:egory PJ 4Yet!e'ds3u'e, O tco ❑ so ❑ so Map legend for Figure 2 64 Page 4 of 13 09/20/2017 r 1 Flower Power Staff Report File # PL16-0063 15 Y1.4, r , ;, Subject site '..4w r' .'rl'alr , D y`, 1 foi 4 u i..i..1 ii'' u' . « ! a_ t Figure 2 — Relief map with Wetlands and Watercourses Annexation and Zoning History The Site was annexed into Tukwila in 1989 as part of the Riverton annexation. At the time of annexation, the Site was zoned single family residential to reflect the prior King County zoning and its existing land use. When the Comprehensive Plan and city-wide zoning were reviewed in 1994, most areas of the City and this Site were not evaluated for any change. Page 5 of 13 09/20/2017 65 Flower Power Staff Report File # PL1 6-0063 Public Comment On July 17, 2017, staff held a public information meeting for residents and property owners within 500 feet of the Site. The key issue raised was a concern for truck travel on 48th Avenue S.; the applicant and attendees noted that navigation isconfusing in the area and commercial trucks typically do a hammerhead turn at the intersection of S. 134th Place and 48th Avenue S. Vicinity Information The Site is close to SR 599 and 1-5 freeway access and interchange area. Land Use The Site is located at the outer edge of the LDR district and abuts the C/LI district. The land uses around the Site are consistent with the underlying zones. An auto/truck paint company is across S. 134th Place. Holaday Park, a mechanical systems company, is also across and adjacent to the Site. Single family homes are across 48th Avenue S. and to the west. 66 Page 6 of 13 09/20/2017 Flower Power Staff Report File # PL1 6-0063 Figure 3 - Land Use Map Page 7 of 13 09/20/2017 67 f \ Flower Power Staff Report File # PL16-0063 Figure 4 — Images surrounding site Existing Regulations Current conditions The Site is constrained by the Southgate stream that traverses the 48th Avenue S. and the S. 134th Place sides of the Site. In LDR districts, 6,500 square foot lots are allowed; however, environmental regulations that require a 100-foot buffer, limits the buildable area for any additional homes on the half acre lot. Division of the lot into smaller lots could not be approved. 68 Page 8 of 13 09/20/2017 Flower Power Staff Report File # PL16-0063 The nonconforming structure section of the Zoning Code allows in residential districts, a property owner to rebuild or move an existing nonconforming structure to any less non- conforming location on the lot. (TMC 18.70.050(7)). In addition, in residential zones, property owners are allowed to rebuild to their original dimensions and bulk if their home is destroyed. (TMC 18.70.050(2). Rezoned conditions These provisions that allow rebuilding of a nonconforming structure in residential zones would not apply if the Site is rezoned to C/LI, even if the structure continues to be used as a residence after the rezone. The existing single family home would become a nonconforming use with approval of the request because single family dwellings are not a permitted use in the C/LI zone. Approval of the rezone would mean that the nonconforming residential use of the Site could not be moved or intensified. The existing home could be converted to a commercial or light industrial use as long as the structure is not enlarged or changed in some other way that increases the degree of nonconformity. That means that the structure may not intrude farther into the required buffer and required setback. The cost and complexity of converting a residential occupancy to a commercial/light industrial occupancy per Building and Fire codes would require compliance with current standards for items such as, fire, plumbing, electrical, accessibility, mechanical, etc. The applicant's proposed site plan, Exhibit D, would not be allowed because it encroaches farther into the watercourse buffer. The final potential scenario would be that he property owner keeps the existing home and requests a buffer reduction in order to develop the northwestern corner of the site for commerciaVlight industrial use. Comprehensive Plan and Zoning Map Amendment Criteria 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. The Residential Neighborhoods Element has the following goal: A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses. (Goal 7.1) The policies of that Element then speak about recognizable boundaries: Page 9 of 13 09/20/2017 69 Rower Power Staff Report File # PL16-0063 Maintain a comprehensive land use map that supports the preservation and enhancement of single family and stable multi -family neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries. (Policy 7.1.1) The C/LI zoned lot along the Site's north edge, 4625 S. 134th Place, is improved with an older house, but the lot is being used for parking for Holaday Park, which is the business located across S. 134th Place street (and in a C/LI district,) blurring the boundaries for these distinct zoning districts. The Natural Environment Element has the following goal: Watercourses and their buffers, .... are protected from encroachment and degradation and improved through mitigation, enhancement, and restoration projects. (Goal 4.6) It is difficult to see the development on the Site because the vegetation covers the site and stream; however, the existing structure was constructed over 70 decades ago in the stream buffer prior to enactment of the City's environmental regulations. An existing site plan is attached as Exhibit D. 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) The applicant also lists an Economic Development Policy, which is contained on Attachment A, related to promoting and supporting business formation, expansion and the importance of the City's entrepreneurs and small businesses in creating jobs. The applicant references several policies in the Community Image and Identity Element related to local food production, which are listed in his prepared comments for the required Type 5 public meeting. See Attachment A. 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. The purpose of the Commercial/Light Industrial (C/LI) designation and zone are, "...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."(TMC 18.30.010) 70 Page 10 of 13 09/20/2017 Flower Power Staff Report File # PL16-0063 The Site is similar in character to the adjacent C/LI properties to the north in that it has frontage along S. 134th Place, has Southgate stream along its street frontage, has frequent truck traffic along it's frontage, and is similar in topography. The proposed C/LI zoning would allow the applicant to relocate his existing business, which is a hydroponic bean sprout grow operation, to the City of Tukwila from the City of Kent. His business is currently housed in a warehouse in Kent that is being displaced due to a Green River Levee project. The C/LI zone allows commercial greenhouses with no size limit whereas in LDR, greenhouses are allowed up to 1,000 square feet.) In contrast, the purpose of the Low Density Residential (LDR) district is "... to provide !ow -density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses." (TMC 18.10.010) Except for the Site, the zoning designation of all properties fronting along S. 134th Place are C/LI. The Site is rectangular with the narrow portion of the lot is along 48th Avenue S and the long side of the lot is along 134h Place. The Zoning Code stipulates that lot frontage shall be "considered the narrowest part of the lot that abuts a street." Because the Site is a corner lot and because there is a significant grade difference between 48th Avenue S. and the Site, access to the Site and overall orientation of the property is from S. 134th Place. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning [and Comprehensive Plan] Map In 2007, a Type 2 Special Permission for a buffer reduction was granted to the property owner of 4501 S. 134th Place. Sound Transit acquired and in 2009 consolidated 11 residentially zoned parcels across 48th Avenue S and diagonally across the street from the Site. There was a Comprehensive Plan and Zoning map change in 2010 when 4300 S. 133rd S. was rezoned from C/LI to Medium Density Residential. Southgate Stream traverses this site and is located two blocks northwest of the Site. There have been no other zoning changes in this area since 1995, when the current zoning was instituted. Page 11 of 13 09/20/2017 71 Flower Power Staff Report File # PL16-0063 New homes and short platting are occurring to the south and west of the Site in the LDR district. 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. The request would extend the boundary line for the C/LI district to 48th Avenue S. Below is a table comparing the two zones and the building setback and height standards. This comparison shows that the standards are larger for uses in the C/LI than for single family homes in LDR. Also, the standards for building in C/LI increase when the site is within 50 feet of LDR, which would be the case for the Site. LDR C/LI 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 Standards in the C/LI zone are in place to minimize impact and any nuisance to adjacent residential properties. No on -site hazardous substance processing, handling, 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 C/LI for air quality, noise and SEPA compliance. CONCLUSIONS 1) Consistency with Comprehensive Plan Comprehensive Plan policies discuss having identifiable boundaries for residential districts. Access and orientation of lots has an impact on the quality of the residential environment. Most single-family home owners prefer to see the same use across the street from them as evidenced by City policy of "identifiable neighborhood boundaries. The Site's existing orientation is to S. 134th Place, which is a commercial local access street, rather than to 48'h Avenue S., which is a residential local access street. The existing structure, a home, sits at an elevation that is significantly below 48th Avenue S. which would make access via 48th Avenue more difficult, expensive, and potentially more impactful to Southgate stream than access via 134th Place. Thus, because 72 Page 12 of 13 09/20/2017 Flower Power Staff Report File # PL16-0063 access via S. 134th Place is preferred, including this Site in the C/LI district would be a logical boundary. In addition, the Comprehensive Plan's natural environment policies would support the redevelopment of the Site and the restoration of the buffer for the Southgate stream. A C/LI designation would potentially encourage the redevelopment of the Site. 2) Consistency with Zone The applicant discusses developing a commercial/light industrial business that would be consistent with the proposed Zone and the Site contains the characteristics of similar C/LI properties. 3) Changed conditions The initial zoning districts created and mapped for this area were not based upon an in- depth analysis of site specific conditions. Greater scrutiny of the site and neighborhood characteristics indicate that moving the C/LI boundary to 48th Avenue S., with conditions, meets the purpose of the C/LI zone. 4) Benefit to community The proposed change would set a more logical boundary and not negatively impact the residential environment of 48th Avenue S. if access is limited to S. 134th Place. Compliance with the applicable C/LI and nonconforming standards will ensure the proposed use of the Site will not adversely affect or injure other properties in the vicinity. RECOMMENDATION Staff recommends changing the Zoning map from Low Density Residential (LDR) to Commercial Light Industrial (C/LI) subject to: 1. Addressing and access to commercial Tight industrial uses shall be limited to S. 134th Place. Page 13 of 13 09/20/2017 73 Rezone from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) at 13407 48th Av S, Tukwila, WA., 98168 Applicant: lon Manea Tukwila home owner since 1992 Owner of Heritage Farm Cooperative/Flower Power USA. Growing fresh bean sprouts and employing 5-11 people, in Kent, WA Purpose: Relocate production facility from Kent to Tukwila due to King County Green River Levee Project that will enhance flood control and fish and wildlife habitat also beneficial to Tukwila. Reasons: Tukwila is the most preferred due to the lack of affordable warehouse space and proximity to customers and freeways. Eligible to be compensated for relocation and moving expenses by the King County which is interested to preserve the jobs in the area and is looking favorable into Tukwila relocation. Great opportunity to preserve the business, jobs and customer goodwill and cut the cost while operating in a new facility that we own. V ivawq 11V Current zoning (LDR) limitations: • Building size not to exceed 4000 sqft • Business need to be operated as a home occupation and is limiting the number of non resident employees to one. • Limited type of land use permitted. Commercial production operations prohibited (nursery, greenhouse etc.) • Customary building materials like corrugate panels are prohibited Other issues to be addressed: • Light rail train noise (80 dBA+) is in non compliance with federal, state, county and city noise regulations for residential areas but within the limit allowed for industrial areas. 5:00 a.m. — 1:00 a.m., every 6 to 15 minutes EMITING RECEIVING Residential Daytime Nightime Commercial Industrial dBA dBA dBA dBA Commercial 57 (72) 47 (62) 60 (75) 65 (80) Industrial 60 (75) 50 (65) 65 (80) 70 (85) • Flooding, Storm -water Drainage, and Fish Habitat Degradation on Southgate East Fork • Pedestrian and traffic safety improvement Compliance purpose • Rezone to Commercial/Light Industrial • Reduction of noise propagation on the property and neighbor's residential area purpose: Plant tall, rapid growing native trees (poplar) Build a tall, long green building parallel to the parallel to West Edge of the property and perpendicular on sound propagation direction. Consistency with City of Tukwila Comprehensive Plan Goals and policies: • 1.10 i. Encourage locally -based food production, distribution, and choice through urban agriculture • 1.1.3.Expand access to quality, healthy, affordable and culturally -appropriate food and groceries for Tukwila residents • 2.1.12 Promote an economic climate that supports business formation, expansion and retention, emphasizing the importance of the City's entrepreneurs and small businesses in creating jobs. • 6.2.2 Provides a buffer between residential areas and ... highways, and railways; • 4.7.6 Retrofit existing City surface water systems, including ditches conveying storm water, to improve the water quality of discharges where.... Benefit to the community: • Rezoning will allow construction of a facility that will act as noise barrier from Sound Transit and nearby businesses and traffic located in the nearby C/LI zone. CONCLUSIONS: • The applicant is seeking the Comprehensive Plan amendment and rezoning in order to bring the parcel in compliance with noise limits regulations and develop the property for relocating of his facilities and personnel and conducting business in Tukwila thus to create the necessary resources to implement the following: Reducing flooding hazard and further degradation of Southgate Creek bed. Improve pedestrian and traffic safety • The desired zoning of C/LI will be annexing to the existing C/LI zoning at north and east of the subject property. • It will remove the size limitation for the building to be constructed (greenhouse/indoor hydroponics type), preserve up to eleven family wage jobs, and operate a Greenhouse/Food manufacturing facility in compliance with Tukwila regulations. • It will increase the City of Tukwila tax base ▪ The rezoning will create no negative impacts. • It will permit relocation from Lower Green River Russell Rd Levee project site and allow King Country to commence the project on schedule. • No changes to functional plans. • No financial resources needed or will be required from the City of Tukwila The subject property is one of the last one that has the size and location to effectively contribute to the restoring of the Southgate Creek fish habitat. / \ ! 1 81 Attachment C Background and project description The applicant, lon Manea, a resident and property owner in Tukwila since 1992, requests to redesignate on residential parcel from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) at 13407 48th Av S, Tukwila (Parcel #....). Since 2011, the applicant is engaged in the business of indoor hydroponic grow of bean sprouts, and subsequent daily fresh packing and distribution to Greater Seattle for an estimated consumption of over 70,000 portions of fresh healthy sprouts. The business is operated under Heritage Farm Cooperative/Flower Power USA name and it employs six to eleven people under a Food and Drug (FDA), Washington State Department of Agriculture food processing license. Beginning January 151, 2017, it will add Hawaiian fresh Basil to our product line and it will be directly distributing as "Pho & Thai Supply". The basic sprouts production is in done hydroponically in a fully -automated, computer controlled, remote monitored facility at Port of Shelton. Three times a week, sprouts are transported to Kent to be closer to the customer base and labor force. Final growing, packaging and shipping are done, in a rented warehouse space at 22230 Russell Rd., Kent, WA. on the shores of Green River. No hazardous materials are used or noise generated, and good manufacturing practices are employed in order to comply with food safety regulations. To growing operation is 100% indoors, uses only seeds and potable water and aseptic plastic bags as inputs. The output is packaged ready to eat sprouts, and clean potable water at 70 deg F. Recently, the Kent facility building was acquired by the King County, as part of the Green River Levee Project, due to commence on first quarter of 2018, funding permitting. The project is located in Kent, in an area between 212th and 228th street, and Green River and City of Kent Natural Resource Park. The project will enhance flood control and fish and wildlife habitat on the Green River that will be beneficial also downstream to Tukwila residents. As part of the project our facility needs to be vacated and demolished for levee and park relocation. Before relocation there is a need to have a duplicate facility up and running before the old facility could be closed and the Tukwila location is the most preferred due to the lack of affordable warehouse space in the Greater Seattle area and proximity to our customers and freeways. By federal law, the business is eligible to be compensated for relocation by the King County which is interested to preserve the jobs in the area. This will be a great opportunity for us to consolidate both operations, preserve the business, jobs and customer goodwill and cut the cost while operating in a new facility that we own. Problem # 1 Current LDR zoning of the property (approx. 28000 sgft) has the following limitations: 1. Building size not to exceed 4000 sqft 2. Customary building materials like corrugate panels are prohibited 3. Business need to be operated as a home occupation and is limiting the number of non resident employees to one. 4. Parking spaces are limited. ' \ r 5. Limited type of land use permitted. 6. Only a non commercial greenhouse permitted and up to 1500 sqft. Problem # 2 The applicant resides at 13407 48th Av S, Tukwila, in the vicinity and in direct line of sight of the worst spot, south of the Duwamish River Bridge with average readings of 65 dBA. A combination of rails curvature, slope and trains speed create frequent noises that were measured above the noise level allowed by the federal regulations in residential areas. Currently, the noise on the property is in non compliance with the, federal, state and local noise regulations for residential areas but within the limits allowed for industrial areas. According to Sound Transit and property site measurements, ear -aching noise from light rail's from the light rail line in the vicinity and at the property line exceeds the Federal, State and local permitted level. The maximum permissible sound levels depend on the land use district of both the source noise and receiving property. Washington State and Department of Ecology (WAC Chapter 173-60) and King County (KCC 12.88,020) limits noise levels (dBA) at property lines are as follows: Source Receiving Property Residential Commercial Industrial Day Night Residential 55 45 57 60 Commercial 57 47 60 65 Industrial 60 50 65 70 Solutions Compliance purpose: Rezone to Commercial/Light Industrial Reduction of noise propagation on the property and neighbor's residential area purpose: Plant tall, rapid growing native trees (poplar) Build a tall, long green building parallel to the parallel to West Edge of the property and perpendicular on sound propagation direction. Access the property to the north end, further from residential (500 ft) but closer to C/LI zoning. Problem # 3 Flooding, Storm -water Drainage, and Fish Habitat Degradation City of Tukwila manages storm -water conveying ditch system, referred in general as Southgate Creek. The subject property contains approx. 300 ft of storm -water drain (sometimes assumed and refer to as Southgate Creek tributary) that is classified as type II stream, a use - based classification is Salmonid Spawning/Rearing and Secondary Contact Recreation, 84 because the Southgate Creek main water course discharges to the Duwamish River downstream of the confluence with the Black River. The Southgate Creek extends under SR 599 through about 320 feet of culvert, a fish ladder, and large arch culvert into the Duwamish River downstream of the Black River confluence. No water quality data is available for this Southgate Creek drainage basin. The storm -water drain collects the waters coming down from the hills of Macadam Road and 1-5 . Between S 138th and S 136th Street, a small forested riparian wetland that provides base flow support, erosion control and water quality improvements that is beneficial habitat for songbirds, birds of pray, small mammals and amphibians. It enters the subject property trough a concrete discharge pipe piercing through 48th Av S embankment to fall approx. 3 ft into a ground pool. From there it further flows down on a brick ramp and into an underground conveyance concrete pipe. The water flows further downstream into a roadside drainage ditch located on the subject property edge along the S 134th PL Street. Due to large elevation drop and steep gradient, both concrete pipe and brick ramp are fish migration barriers. After flowing through several driveway culverts, at the end of S 134`h Street and close to S 133`d Street, the water flows though a high -flow bypass structure into an underground piping network for final discharge into Duwamish River. The storm -water drain conveyance channel located on the subject property is badly eroded and it has poor quality riparian vegetation, invasive vegetation, narrow or non- existent buffers and eroded armored banks. Potential gravel spawning grounds are covered in sand, and pools for resting and feeding are filled with sediments. Since the shallow water and exposed to the sun for much of its canal length, the water heats to an unhealthy temperature for salmon. Without much native vegetation, fewer insects drop into the river to provide food. And periodic floods rush down the creek bed, wiping out spawning grounds and subjecting the fish to high levels of contaminants like phosphates, heavy metals and toxics. During heavy rains, a tremendous volume of turbid muddy water flow exceeds the capacity of the system and floods away the ground, conveyance ditch and inundates the house first floor. To alleviate peak flow flooding, a high -flow bypass (24" diameter underground piping system) was installed upstream of the intersection of 48th Av S and S 1341h Street. Although the system has large water caring capacity, its water intake bottom is higher than the top of top of the concrete pipe discharging storm -water on the subject property. Also, the most frequently, the system intake is covered in part with mostly wood debris left over form previous high waters. As a result, the system kicks in only if full flow exceeds in the concrete pipe capacity and water backs up above the debris plugging up the high -flow bypass intake. Due to raised level, higher flower rates increase and causes high water velocity, erosion and transportation of gravel and soil from upstream to downstream. Basically, the high -flow bypass is working only to eventual protecting street flooding but not the downstream watercourse or the subject property; both located 10 ft bellow 48th Av S street level. As result sediments have been deposited, have reduced effective culvert conveyance capacities and covered up salmon spawning gravels. According to City of Tukwila 2013 Strom Water Comprehensive Plan, some rearing habitat (no spawning) is possible and only in some small sections along S 134th PL. Portions of the Southgate Creek main stream at the intersection of 441' Av S and S 1318t Street are often completely blocked by sediment and debris. Although the fish ladder at the SR 599 culvert is likely is a fish barrier during low stream flows, it is assumed that by the WDFW that Coho salmon are potentiatiy present in Southgate Creek. One single juvenile salmon was observed in Southgate Creek more than 20 years ago and reported by a City of Tukwila employee. That was at the time when the main Southgate Creek was sustaining a health flow through hydraulically balanced riparian wetlands. That was before Nor-Med constructed a wetland that differs from the designed one and caused flow to slow down due to sediments deposited and cattails to grown directly within the fish channel itself. As a result, the water velocity becomes so low that the water could not flush through the wetland complex and often have been flooding of S 131 st Street. That was before Southgate Creek was piped under S 133'd Street to connect an existing high -flow bypass structure (total fish barrier) initially installed to reduce flooding east of the S133rd Street/S134th PL intersection (caused from waters coming along S 134 PL Street). The intake structure of this high -flow bypass uses wood boards to set the final creek bypass level. When the boards are installed, low flows pass to the northwest along the creek drainage, while high flows are diverted from the main creek to mitigate flooding. The City has removed the boards to allow a greater amount of stream flow to be diverted and reduce flooding potential at the Nor-Med site. The result was increased sedimentation and increased frequency of backwater conditions in Southgate Creek main stream, requiring more water diversion though high - flow bypass under S133rd Street. The net result is further discharge of Southgate Creek main stream final discharge to into Duwamish River via a total fish barrier and underground piping system. Currently, even at low waters, Southgate Creek main stream waters are continuously back -flowing South underneath S 133rd Street. Back -flowing south towards high -flow bypass structure, is proof that its intake is at a lower elevation its intake, and therefore, at that point, the entirely flow of water (including waters coming downhill from 48th Av along S 134 PL Street). Furthermore, although it is hydraulically connected o Southgate Creek, the entire water flow of the storm -water drain along S 134th PL Street is not discharging to Duwamish River via the main Southgate Creek through Nor-Med wetlands but directly trough the high-flow/total fish barrier /underground piping system. It is impossible that any fish will migrate upstream into storm -water drain located on the subject property via high -flow bypass piping/fish barrier structure (id50017) such that at the S 133rd Street/S 134 PL Street intersection. According to field survey engineering reports there is also a total fish barrier blocking the main Southgate Creek main flow at S 133rd St/E Marginal Way Culvert (id50021) due to steep gradient. Also, discharge pipe across 48th Av S and underground brick ramp are total fish barriers that will make impossible fish passage upstream of 48th Av S. In conclusion, upstream fish migration from Duwamish River into main Southgate Creek has only one option: through a very low water flow, impeded by cattail growing, and sediment overheated channel, and after negotiating two partial barriers/potential fish 86 9 The 0.7 acre site has a single-family old house (1948 build) that is the applicant main residence. The subject LDR property is essentially a rectangle approx. 256 ft x 110 ft, with no LDR zoning on three sides and acting as a buffer between C/LI and LDR zoning and between light rail right of way and the LDR proprieties further west. According to King County records, the property edges are 15ft and 20ft from the arterial center lines, respectively 134 PL Street and 48th Av S. The property has less that 15% slope, with no reduced potential for geological activity. Property contains approx. 300 ft of storm -water drain (sometimes assumed and refer to as Southgate Creek tributary) that is classified as type II stream The buffer for a type II stream is 100 ft with an additional setback of 15 ft. There is no buffer or setback on the 134 PL Street side of the watercourse, with pavement ending at the watercourse high water mark. Further downstream of the subject property, there is no buffer on each side of the watercourse with storm -water runoffs and debris from the street and parking lots ending into the watercourse. On the other hand, the subject property EastNVest width is 110' .Allowance for 100' buffer and 15' setback from buffer edge will exceed the entire property and it would deny all reasonable use. A. COMPREHENSIVE PLAN REVIEW CRITERIA (TMC 18.80.050) 1. Describe how the issues are addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The applicant is seeking the Comprehensive Plan amendment and rezone in order to bring the parcel in compliance with noise limits regulations and develop the property for relocating of his facilities and personnel and conducting business in Tukwila thus to create the necessary resources to implement the following: 1. Reducing flooding hazard and further degradation of Southgate Creek bed. 2. Rearing and acclimation of juvenile fish to be released in restored sections of the Southgate Creek. 4. Elimination of fish barriers and increase fish habitat surface and water quality of the watercourse on the property. The desired zoning of C/LI will be annexing to the existing C/LI zoning at north and east of the subject property. It will bring the property in compliance with the noise regulations and will allow consolidation and relocation rf existing operations from Kent and Shelton. It will remove the size limita:'on for the building, preserve up to eleven family wage jobs, and operate a Greenhouse, rood manufacturing facility in compliance with Tukwila regulations. 1t will increase the City of Tukwila tax base. 5 87 The proposal is consistent with the objectives as stated on City of Tukwila Comprehensive Plant and City of Tukwila Storm water Comprehensive Plan and more specifically with the following goals and policies: 1.10 Food security, local food production and public health are promoted. i. Encourage locally -based food production, distribution, and choice through urban agriculture 1.1.3 Expand access to quality, healthy, affordable and culturally -appropriate food and groceries for Tukwila residents 2.1.12 Promote an economic climate that supports business formation, expansion and retention, emphasizing the importance of the City's entrepreneurs and small businesses in creating jobs. 4.5.5 encourage removal of piped sections of watercourses as part of new or redevelopment and public projects. 4.5.6 eliminate existing barriers to fish passage through implementation of capital improvement projects and by providing incentives to private sector development. 6.2.2 Provides a buffer between residential areas and industrial areas, highways, and railways; 6.2.5 Integrate natural features, such as day lighting streams, and adding trees, shrubs and other plants into the built environment, including residential, commercial and industrial areas. 4.5.1 Restore watershed function through sensitive area restoration projects on publicly -owned lands, and by working with property owners to restore/improve sensitive areas on private property. 4.5.6 .... eliminate existing barriers to fish passage through implementation of capital improvement projects and by providing incentives to private sector development 4.7.1 Implbve surface water management and ensure provision of water quality treatment where required. 4.7.6 Retrofit existing City surface water systems, including ditches conveying storm water, to improve the water quality of discharges where there are significant water quality or fish and wildlife benefits. 88 2. Rearing and acclimation of juvenile fish to be released in restored sections of the Southgate Creek. 5. Elimination of fish barriers and increase fish habitat surface and water quality of the watercourse on the property. The desired zoning of C/LI will be annexing to the existing C/LI zoning at north and east of the subject property. It will bring the property in compliance with the noise regulations and will allow consolidation and relocation of existing operations from Kent and Shelton. It will remove the size limitation for the building to be constructed (greenhouse/indoor hydroponics type). preserve up to eleven family wage jobs, and operate a Greenhouse/Food manufacturing facility in compliance with Tukwila regulations It will increase the City of Tukwila tax base. The proposal is consistent with the objectives as stated on City of Tukwila Comprehensive Plant and City of Tukwila Storm -water Comprehensive Plan and more specifically with the following goals and policies: 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; The rezoning will create no negative impacts. It will make possible.dedication of the resource to reduce the noise pollution.to the neighborhood, reduction of flooding hazard and further degradation of Southgate Creek bed. It will retain and relocate eleven jobs. 3. A comprehensive explanation of why the current comprehensive plan or development regulations are deficit or should not continue in effect; (be specific; cite policy numbers and code sections that apply) Please see attached narratives: Current LDR zoning of the property (approx. 28000 sqft) has the following limitations: • Building size not to exceed 4000 sqft (TMC 18.10.057.2) • Customary building materials like corrugate panels are prohibited • Business need to be operated as a home occupation and is limiting the number of non resident employees to one (TMC 18.09) • Parking spaces are limited. (TMC 18.56.) • Limited type of land use permitted. (TMC 18.09) • Only a non commercial greenhouse permitted and up to 1500 sqft. 4. A statement of how the proposed amendment complies with and promotes the goals and the specific requirements of the Growth management Act; The proposed amendment complies with and promotes the goals and the specific requirements of the Growth management Act 5. A statement of how the proposed amendment complies with applicable The proposed amendment complies County Wide Planning policies with applicable County Wide Planning policies; It will permit relocation from Lower Green River Russell Rd Levee project site and allow King Country to commence the project on schedule. The project is of major importance for flood protection and habitat enhancement for Tukwila Green River shoreline in the proximity and downstream of the project. 6. A statement of what changes, if any, would be required to functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; No changes to functional plans. 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect capital facility plans of the City; No financial resources needed or will be required from the City of Tukwila 8. A statement of what changes, if any, are required in other City codes, plans or regulations to implement the proposed change. Comprehensive Land Use and Zoning Map need to show new boundary (extended one parcel south and west at the corner of S 134th PL and 48th Av S) References: • Tukwila Streams, Struggling For Life, Could Get City Aid, by Geordie Wilson, Seattle Times, September 17, 1991 • Southgate Creek Assessment, by CH2M Hill, Inc., City of Tukwila contract 10-080, September 2, 2010 • City of Tukwila 2013 Surface Water Comprehensive Plan, by February 2013 • Order 2590, U.S. Army Corps Reference # 200500013, Water quality Certification Letter to Nor-Med Shaw Partnership, by State of Washington Department of Ecology, July 22, 2005 • Southgate Creek Sedimentation Assessment, by CH2M Hill, Inc., October 2010 • Ordinance 2310 — Amend Comprehensive Land Use Map for property at 4300 South 133`d Street- City of Tukwila, September 20, 2010 .xj 90 FISH MIGRATION TOTAL BARRIER STORMWATER FLOW 18 CONCRETE CULVETR APPROX. 24* WATER FALL PEDESTRL4N„. HAZARD ti t 0 w w 01-(1) .0 WU1 >0 <Ccx 00_1 zt— Zi— CCCD 'EXIST! \G SITUATIO\ 13L07 48tn AV S, TU UNDERGROUND PIPE INTAKE STORM DEBRIES BLOCKAGE CAUSE OF PROPERTY FLOODING <WILA, WA. 98168 RECMVED JUN 1 5 2011 Community Development REAR (LDR ZONING) 15 FT WATERCOURSE BUFFER SETBACK EXISTING 18* CONCRETE UNDERGROUND PIPE BROKEN IN PLACES s.T.1 Pt.) EXISTING STORMWATER DUMP POOL APPROX. 100 SOFT NO TRAFFIC VISIBILITY UPPER OPEN CHANNEL APPROX. 277 SOFT EXISTING TREES UNDERGROUND CONVEYANCE PIPE STORM DEBRIES BLOCKAGE OR BYPASS LEAKING AND ERROSION EXISTING ;174;1;0 EXISTING 18* CONCRETE CULVERT STREET ACCESS 100 FT WATERCOURSE BUFFER BOUNDRY EXISTING SITUATION 13407 48th AV S, TUKWILA, WA. 98168 EXISTING CONCRETE PAD EXISTING GRAVEL DRIVEWAY LOWER OPEN CHANNEL APPROX. 314 Son. 256 FT STORMWATER DICH TYPE II WATERCOURSE ... .. . • • ..• " • ." 1 34TH STREET (SIDE) CLI ZONING ACROSS THE STREET NOT TO SCALE (DETAILED ENGINEERING IN PROGRESS) 0 NORTH 4. NEW STREET ACCESS u D 13 REAR (LDR ZONING) OPOSAL 0 L8th AV S, TU tgOttf <WI LA, WA. 98168 1410**6 NEW LANDSCAPING TAIL TREES SOUND BARRIER NEW CONCRETE PAD 2835 SOFT 1 NEWENVBUILDING 1 F iConvier t r Ina! ' erslon L----- -_ PROPOSED BUILDING SPROUTS GROWING tr- ttOtOt&W ,D, i ■E 791.PED JUN 15 211 1\ BUFFER BOUNDRY 50% REDUCTION dkVik .�1 Comn ur. tv Development !'let 134TH STREET (SIDE) TYP ICI WTATT .R IOU STREET ACCESS CLI ZONING ACROSS THE ESTREE�7 NOT TO SCALE (DETAILED ENGINEERING IN PROGRESS) 256 FT a NORTH 0 Z z 0 rNJ U Lil 0 U) f / i1 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE PLAN AS PART OF ITS ANNUAL DOCKET FOR 2016-2017 BY UPDATING THE TRANSPORTATION ELEMENT AND BY MODIFYING THE COMPREHENSIVE LAND USE MAP; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila is required to plan under the Growth Management Act (RCW 36.70A.040); and WHEREAS, the Growth Management Act requires that comprehensive plans and development regulations be subject to continuing evaluation and review and allows comprehensive plans to be amended on an annual basis, but no more than once a year, with certain exceptions; and WHEREAS, the Growth Management Act provides that amendments to comprehensive plans shall be considered simultaneously with an evaluation of the cumulative effects of the requested amendments and for general consistency of each amendment with the Plan, while also allowing for separate review and adoption of each individual proposal; and WHEREAS, it has been at least one year since the City initiated an annual amendment to its Comprehensive Plan; and WHEREAS, the Puget Sound Regional Council (PSRC) reviews local comprehensive plans to evaluate consistency with Vision 2040 and certification is required to receive PSRC funding to proceed with projects through the Regional Transportation Improvement Program; and WHEREAS, the PSRC found that during Tukwila's 2015 periodic update of its Comprehensive Plan, the traffic modeling did not use the 2031 employment number forecast and, therefore, the assumptions regarding impacts, capital facilities and land use goals and policies were outdated; and W: Word Processing\Ordinances\Transportation Element of Comprehensive Plan 9-12-17 MB:bjs Page 1 of 3 93 / / \ WHEREAS, the City has revised its employment forecast to the 2031 assumptions and undertaken a new traffic model run to evaluate the impacts on its land use, capital facilities, housing, and other elements of its Comprehensive Plan based upon those 2031 forecasts; and WHEREAS, the City received two requests from property owners (Flower Power and Vintage@Tukwila) for re -designation of their properties as part of the 2016-2017 annual Comprehensive Plan amendment docket; and WHEREAS, on August 1, 2017, the City of Tukwila issued an addendum to the Tukwila Comprehensive Plan Environmental Impact Statement (File #E17-0009, previously issued on October 9, 1995 file #L92-0053) that analyzed the potential impact of the changed employment assumptions and its implications and impacts to the other elements of the Comprehensive Plan; and WHEREAS, on September 14, 2017, the City of Tukwila issued a Determination of Nonsignificance pursuant to the State Environmental Policy Act (SEPA) (Chapter 197- 11 WAC) and Tukwila Municipal Code Title 21 for the proposed changes to the Flower Power site on the Comprehensive Plan's Land Use Map from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI); and WHEREAS, the applicant for Vintage@Tukwila desires to postpone the hearing and decision on its application until 2018, pending additional review and analysis of area - wide impacts to the Ryan Hill neighborhood; and WHEREAS, the City of Tukwila provided the required 60-day notification of the proposed Comprehensive Plan amendments to the Washington State Department of Commerce (DOC) under RCW 36.70A.106; and WHEREAS, on August 24, 2017, the City of Tukwila Planning Commission held a public hearing and considered the requested changes to the Transportation Element and forwarded its recommendation to the City Council; and WHEREAS, on September 25, 2017, the City Council held a duly noticed public hearing to receive comments on the recommended changes to the Transportation Element and the proposed changes to the 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. The City Council hereby adopts the Findings and Conclusions, attached hereto as Exhibit A and incorporated by this reference as if fully set forth herein. Section 2. The Transportation Element. The Transportation Element of the City of Tukwila Comprehensive Plan is hereby amended as shown in Exhibit B. W: Word Processing\Ordinances\Transportation Element of Comprehensive Plan 9-12-17 MB:bjs Page 2 of 3 94 Section 3. Flower Power Re -Designation Approved. Flower Power, located at 13407 48th Avenue S., Tukwila, Washington, King County tax parcel 2613200028 (the "Flower Power site"), and depicted and legally described on the attached Exhibit C, is hereby re -designated from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) subject to access and addressing for commercial light industrial uses shall be limited to S. 134th Place. Section 4. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show the changes in designation from LDR to C/LI for the Flower Power site as authorized in Section 3 of this ordinance. Section 5. 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 6. 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 7. 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 , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: Exhibit A — Findings and Conclusions Exhibit B — Comprehensive Plan Transportation Element Exhibit C — Flower Power Legal Description and Site Map W: Word ProcessinglOrdinances\Transportation Element of Comprehensive Plan 9-12-17 MB:bjs Page 3 of 3 95 CRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CIITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 13407 48TH AVENUE S., TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL/LIGHT INDUSTRIAL (C/LI); 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 2016-2017 Comprehensive Plan docket of potential amendments, the City received an application for consideration of a change to the Comprehensive Land Use and Zoning Maps for the Flower Power project; and WHEREAS, on July 17, 2017, City staff held the required public meeting regarding the proposed change to the Zoning Map (Exhibit A) for the surrounding property owners and tenants; and WHEREAS, at the public meeting an adjacent resident expressed concern about truck and commercial traffic on 48th Avenue S. that would be associated with the proposed change; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act by making a determination on September 14, 2017 that no significant environmental impact would occur as a result of the Zoning Map change; and WHEREAS, notices of the public hearing were timely published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, on September 25, 2017, 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 W: Word Processing‘Ordinances\Rezone approval -Flower Power 9-12-17 MB:bjs Page 1 of 3 97 / J WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions and has determined the public interest will be served by approving the rezone application, which is in compliance with the City of Tukwila Comprehensive Plan's Land Use Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts Findings and Conclusions, attached hereto as Exhibit B and incorporated by this reference as if fully set forth herein. Section 2. Rezone Approved Subject to Condition. The property located at 13407 48th Avenue S., Tukwila, Washington, King County tax parcel #2613200028, as legally described and shown in the attached Exhibit C, is hereby approved to be rezoned from Low Density Residential (LDR) to Commercial/Light Industrial (C/Ll) subject to the condition that addressing and access to commercial Tight industrial uses shall be limited to S. 134th Place. Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official Zoning Map to show the zoning change authorized in Section 2. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W: Word Processinglordinances\Rezone approval -Flower Power 9-12-17 MB:bjs Page 2 of 3 98 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A — Zoning Map Exhibit B — Findings and Conclusions Staff Report (File #PL16-0063) Exhibit C — Legal Description and Site Map W: Word Processing\Ordinances\Rezone approval -Flower Power 9-12-17 MB:bjs Page 3 of 3 99 / '. Exhibit A Comprehensive Plan and Zoning Maps Flower Power Site Change from LDR to CLI 101 4 / Flower Power Site Specific Map Change Findings and Conclusions Background Exhibit B This application is part of the 2016-2017 annual docket for amendment of the Comprehensive Plan. The purpose of an annual docket is to ensure that changes to the Comprehensive Plan are only considered once a year and that they are considered concurrently so the cumulative impact of the proposals can be determined. The applicant is seeking changes in the Comprehensive Plan and Zoning maps for a 28,270-square foot lot located at 13407 48th Ave. S., Tukwila, Washington, King County tax parcel no. 2.61320-0028 (the "Site") from Low Density Residential (LDR) to Commercial Light Industrial (C/LI) for the following reasons: 1. As the resident of the home located on the Site, he thinks that the noise from the LINK trains is unacceptable in a residential setting; 2. As the property owner of the Site since 1992, he has had much flooding from the Southgate stream that travels along the south and east sides of the Site and along the edge of the existing home. A 2003 project to install a high flow by-pass upstream of the site does not alleviate all flooding, which continues during rain storms. 3. He owns and operates a business growing bean sprouts, which he sells commercially and that is being displaced by a King County levee project in Kent. He would like to relocate his operation to this Site where he currently lives. C/LI zoning on the Site would allow the hydroponic growing of the bean sprouts and their assembly and distribution. This non -project proposal is a quasi-judicial change to the land use designation on the Tukwila Comprehensive Plan and Zoning maps. If the zoning is changed, any C/LI use would be permitted subject to all City regulations; however, the applicant has stated his intent to construct a new commercial/light industrial building for his hydroponic bean sprout business. The applicant submitted an existing site plan and a proposed site plan as an example of his intent. COMPREHENSIVE PLAN AND ZONING MAP CHANGE CRITERIA 1) The proposed amendment to the [Comprehensive Plan and) zoning map is consistent with the goals, objectives, and policies of the Comprehensive Plan. Comprehensive Plan policies discuss having identifiable boundaries for residential districts. Access and orientation of lots has an impact on the quality of the residential environment. Most single-family home owners prefer to see the same use across the street from them as evidenced by City policy of "identifiable neighborhood boundaries." The Site's existing orientation is to S. 134th Place, which is a commercial local access street, rather than to 48th Avenue S., which is a residential (local access street. The existing structure, a home, sits at an elevation that is approximately 10 feet below 48th Avenue S., which would make access via 48th Avenue more difficult, expensive, and potentially more impactful to Page 1 of 4 103 Exhibit B Southgate stream than access via 134th Place. Thus, because access via S. 134th Place is preferred, including this Site in the C/LI district would be a logical boundary. In addition, the Comprehensive Plan's natural environment policies would support the redevelopment of the Site and the restoration of the buffer for the Southgate stream. A C/LI designation would potentially encourage the redevelopment of the Site. The Flower Power application for a map change is supported by the following Comprehensive Plan policies: The Residential Neighborhoods Element goal: A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses. (Goal 7.1) The policies of that Element then speak about recognizable boundaries: Maintain a comprehensive land use map that supports the preservation and enhancement of single family and stable multi family neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries. (Policy 7.1.1) The C/LI zoned lot along the Site's north edge, 4625 S. 134th Place, is improved with an older house, but the lot is being used for parking for Holaday Park, which is the business located across S. 134th Place street (and in a C/LI district,) blurring the boundaries for these distinct zoning districts. The Natural Environment Element has the following goal: Watercourses and their buffers, .... are protected from encroachment and degradation and improved through mitigation, enhancement, and restoration projects. (Goal 4.6) It is difficult to see the development on the Site because the vegetation covers the site and stream; however, the existing structure was constructed over 70 decades ago in the stream buffer prior to enactment of the City's environmental regulations. An existing site plan is attached as Exhibit D. 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) The applicant also lists an Economic Development Policy, which is contained on Attachment A, related to promoting and supporting business formation, expansion and the importance of the City's entrepreneurs and small businesses in creating jobs. The applicant references several policies in the Community Image and Identity Element related to local food production, which are listed in his prepared comments for the required Type 5 public meeting. See Attachment A in the Staff Report. Page 2 of 4 104 4 ' Exhibit B 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. The purpose of the Commercial/Light Industrial (CAI) designation and zone are, " ...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." (TMC 18.30.010) The Site is similar in character to the adjacent C/LI properties to the north in that it has frontage along S. 134th Place, has Southgate stream along its street frontage, has frequent truck traffic along it's frontage, and is similar in topography and lot size. The applicant discusses developing a commercial/light industrial business that would be consistent with the proposed Zone and the Site contains the characteristics of similar C/LI properties. The proposed C/LI zoning would allow the applicant to relocate his existing business, which is a hydroponic bean sprout grow operation, to the City of Tukwila from the City of Kent. His business is currently housed in a warehouse in Kent that is being displaced due to a Green River Levee project. The C/LI zone allows commercial greenhouses with no size limit whereas in LDR, greenhouses are allowed up to 1,000 square feet.) In contrast, the purpose of the Low Density Residential (LDR) district is "... to provide low -density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses." (TMC 18.10.010) Except for the Site, the zoning designation of all properties fronting along S. 134th Place are C/LI. The Site is rectangular with the narrow portion of the lot is along 48th Avenue S and the long side of the lot is along 134th Place. The Zoning Code stipulates that lot frontage shall be "considered the narrowest part of the lot that abuts a street." Because the Site is a corner lot and because there is a significant grade difference between 48th Avenue S. and the Site, access to the Site and overall orientation of the property is currently from S. 134th Place. 3) There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning (and Comprehensive Plan) Map. In 2007, a Type 2 Special Permission for a buffer reduction was granted to the property owner of 4501 S. 134th Place. Sound Transit acquired and in 2009 consolidated 11 residentially zoned parcels across 48th Avenue S. and diagonally across the street from the Site. There was a Comprehensive Plan and Zoning map change in 2010 when 4300 S. 133rd S. was rezoned from C/LI to Medium Density Residential. Southgate Stream traverses this site and is located two blocks northwest of the Site. There have been no other zoning changes in this area since 1995, when the current zoning was instituted. New homes and short platting are occurring to the south and west of the Site in the LDR district. Page 3 of 4 105 Exhibit B The initial zoning districts created and mapped for this area were not based upon an in-depth analysis of site specific conditions. Greater scrutiny of the site and neighborhood characteristics indicate that moving the C/LI boundary to 48th Avenue S., with conditions, meets the purpose of the C/LI zone. 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. The request would extend the boundary line for the C/LI district to 48th Avenue S. A comparison of standards between the LDR and C/LI zones shows that the standards are larger for uses in the C/LI than for single family homes in LDR. Also, the standards for building in C/LI increase when the site is within 50 feet of LDR, which would be the case for the west property line of the Site. Standards in the C/LI zone are in place to minimize impact and any nuisance to adjacent residential properties. 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 in effect in the C/LI for air quality, noise and SEPA compliance and environmental regulations for restoring and protecting environmentally sensitive resources. The proposed change would set a more logical boundary and not negatively impact the residential environment of 48th Avenue S. if access is limited to S. 134th Place. Compliance with the applicable C/LI and nonconforming standards will ensure the proposed use of the Site will not adversely affect or injure other properties in the vicinity. Page 4 of 4 106 T ( 1 Exhibit C Flower Power Legal Description and Site Map Comprehensive Plan and Zoning Map change file # PL 16-0063 15410 to 58506ta 0047 >.,1. Sol MIX 112000a 0046 00.13 (Sp 1P1J4 Mt TRAC 1215045 0041 7700ta 0050 " LOT 49/wnro 5568! %9 0023 9600ta 003 :5 l09900 0048 a 'Wits t2 7 11`s, •<.7• 555624a', 4 0030 Site o LAI 3 • 69261 0022 �s a • xms . to. ti PARCEL B 11000 to 003 roa v Moan TU 0029 78540 VOL 9.95 f a nisi dest 16. 69220 lO 0021,E 'b'• M �p3s BLA M«a 221130 402.1 LOT 1 `e Zrya .ae )�.m . 11.42 76871 ' 0026 / i ./ a.e 28230 to 3F 0025 ', i. 2132104s 0028 , / ,/ ♦ti / • ,o • 'O. N ' L4300 pow y mow` ,� 9 a / ,& mom *as 59000s 4300*a 011 euve0116 19 20 NM N 71}0-21-49 ;47.30 4^s ., ti ,o ^0' 014 A-041-s6e V Nat-10-04W ,, 41 400! 0110 N41-41-55s,' 16,49 9 rs;?2 �9F INM►.... to 120000s 5160tt2 Tract 13 Fostoria Garden Tracts Vol. 9 pg. 95 Tax Record: Quarter NE, Section 15, Township 23, Range 4 (NE-15-23-4) Parcel 261320-0028, Fostoria Garden TRS NELY 110 FT 107 Section 3. Flower Power re -Designation Approved. Flower Power, located at 13407 48th Avenue S., Tukwila, Washington, King County parcel 2613200028 (the "Flower Power site"), and depicted and legally described on the attached Exhibit C, is hereby re -designated from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) subject to the condition that access of motor vehicles for commercial light industrial uses and addressing (no frontage) shall be limited to S. 134 Place. Within 180 days of this ordinance, the applicant shall record against the subject property a covenant or other document approved by the City requiring compliance with the stated condition. Failure to record such a covenant or other approved document and/or failure to comply with condition in the recorded covenant or approved document shall cause City of Tukwila to rescind such covenant or document and consequently shall cause the change to the Comprehensive Plan Map to be null and voided, and the subject property shall revert to the unconditioned zoning and uses immediately preceding passage of this ordinance. zo6 9o9 25/2 206 cIotj zq 62 City of ?Likik1 Department of Community Development - Jack Pace, Director Affidavit of Distribution Project Name: FLOWER POWER USA Project Number: PL17-0063 Associated File Number (s): Date Mailed: 9/5/17 Mailing requested by: MOIRA BRADSHAW Mailer's signature: Allan Ekberg, Mayor ❑ Board of Adjustment Agenda Packet ❑ Notice of Application for ❑ Board of Appeals Agenda Packet Shoreline Mgmt Permit ❑ Determination of Non -Significance ❑ Notice of Decision ❑ Determination of Significance & CX Notice of Public Hearing Scoping Notice ❑ Notice of Public Meeting ❑ Mitigated Determination of Non- ❑ Official Notice Significance El Other: ❑ Notice of Action ❑ Shoreline Mgmt Permit ❑ Notice of Application Parties of Record: SEE ATTACHED ❑ Short Subdivision Agenda City of Tukwila Notice Project Name: Flower Request: Rezone from Low Density Residential (LDR) of Public Hearing Power USA to Commercial Light Industrial (CLI) ' r j� `s ii.A lace Project Location ar, g• 44,0 '410 F�Z' 1-5 �°'is: Q� • - ' Applicant & Property Owner: Ion Manea File #: PL16-0063 Location: 13407 48th Avenue S. You are invited to the Public Hearing where testimony will be taken by the City Council in order to inform their decision. When: Monday September 25, 2017 Time: 7:00 p.m. Where: Tukwila City Council Chambers 6200 Southcenter Boulevard Tukwila, WA 98188 Comments may also be delivered to the project planner by 5:00 p.m. on September 25, 2017. You may view the application, request a copy of any decision, comment on the project, and learn your appeal rights by contacting the Project Planner. Questions: Call the Project Planner: Moira Bradshaw at 206-431-3651; Send email: Moira.bradshaw@Tukwilawa.gov; or Stop by: Department of Community Development (DCD,) 6300 Southcenter Blvd, Suite 100;Tukwila, WA 98188 Monday through Friday, 8:30am to 5:00 pm City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 «NAME» «STREET» «CITY STATE» «ZIP» You are receiving this notice because you are a property owner or tenant within 500ft of this project 5673000150 2613200050 2613200042 2616600035 5673000135 1523049314 2613200049 5673000090 2613200022 1523049014 2613200032 2613200026 1523049192 2613200046 2613200027 2613200030 5673000155 2613200182 5673000115 2613200043 2613200055 2613200024 5673000145 2613200028 2613200021 2613200025 5673000030 2613200005 2613200005 2613200025 2613200030 2613200032 2613200042 NAME ALEJANDRE SILIVIA AMORASIN VAN+INNISONG ARION PARTNERS LLC BC & G LLC BRADSWAW KAREN CARY LANG CONSTRUCTION INC CHU DARYL CPSRTA (SOUND TRANSIT) CRUZ BOBBY X+GABINA V DO HOANG DOMAN JACQUELINE LAURA ECKENRODE JEFFREY W ELDRIDGE KENNETH P FABRE JUANITA FAUCONNIER PALMER R+MARY E FISHER ANTOINETTE L GILLIES TANYA HO HON T JOHNSON JEFFREY K JR JOLLY JAMES KEELER PROPERTIES LLC KING COUNTY -PROPERTY SVCS LALONDE BLAINE G+MARRYANN A MANEA ION MUNOZ CESAR NGUYEN ANTONY H+PHAM TRANG NGUYEN HIEP Community Member Community Member Community Member Community Member Community Member Community Member STREET 4820 S 136TH ST 13542 MACADAM RD S 4611 S 134TH PL STE 100 4600 S 134TH PL 13432 48TH PL S 29815 24TH AVE SW 13534 MACADAM RD 401 5 JACKSON ST 13417 48TH AVE S 13604 MACADAM RD S 1600B SW DASH POINT RD #269 13423 48TH AVE S 4821 S 136TH ST 13546 MACADAM RD S 13437 48TH AVE S 13455 48TH AV S 4834 S 136TH ST 13521 MACADAM RD S 13416 48TH AVE S 714 GRANT AVE S 4585 S 134TH PL ADM-ES-0800 13436 48TH PL S 13407 48TH AVE S 13421 48TH AVE S 28 157TH AVE SE 13443 48TH PL S 4550 S 134TH PL 101 4550 S 134TH PL 104 13415 48TH AVE S 13455 48TH AVE S 13433 48TH AVE S 4611 S 134TH PL CITY STATE TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA SEATTLE WA FEDERAL WAY WA TUKWILA WA SEATTLE WA TUKWILA WA SEATTLE WA FEDERAL WAY WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA RENTON WA TUKWILA WA 500 4TH AVE TUKWILA WA TUKWILA WA TUKWILA WA BELLEVUE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA ZIP 98168 NA 98168 NA 98168 NA 98168 NA 98168 NA 98023 NA 98168 NA 98104 NA 98168 NA 98168 NA 98023 NA 98168 NA 98168 NA 98168 NA 98168 NA 98168 NA 98168 NA 98168 NA 98168 NA 98057 NA 98168 NA SEATTLE WA 98168 NA 98168 NA 98168 NA 98008 NA 98168 NA 98168 ADDR-05410 98168 ADDR-05411 98168 ADDR-00529 98168 ADDR-00539 98168 ADDR-00535 98168 ADDR-05421 98104 NA 2613200042 2613200042 2613200042 2613200043 2613200045 2613200049 2613200049 2613200051 2616600030 2616600071 5673000010 5673000090 5673000090 5673000110 5673000150 2613200004 2613200005 2613200023 2613200031 2613200181 5673000116 2616600071 2613200029 2613200174 2613200045 0003000018 5673000005 5673000010 2613200177 5673000125 Community Member Community Member Community Member Community Member Community Member Community Member Community Member Community Member Community Member Community Member Community Member Community Member Community Member Community Member Community Member PACIFIC NW IRONWOKERS PACIFIC NW IRONWORKERS&EMPL PAK SOVANNA PEN MOHAMMAD I RICHARDSON CANDICE ROBINSON JULIANNA L SCHWEIGER ERIC M SEELYE AARON R+JAIME SIMPSON CHARLES E III+TASOL SMITH COURT LLC SMITH LASEAN T SPRUILL LEON K STALLINGS PARINDA THOMASELLI ZACHARY VANDERPOL DAVID K 4611 S 134TH PL 100 4611 S 134TH PL 200 4611 S 134TH PL 240 4601 S 134TH PL 4501 S 134TH PL 13534 MACADAM RD S 100 13534 MACADAM RD S 4625 S 134TH PL 4650 S 134TH PL 4712 S 134TH PL 13410 48TH AVE S 4842 S 136TH ST 13404 48TH AVE S 13408 48TH AVE S 13442 48TH PL S PO BOX 33030 ATT:MILT SMITH 13419 48TH AVE S 13552 MACADAM RD S 4526 S 136TH ST 13406 48TH AVE S 29850 148TH AVE SE 13435 48TH AVE S 13515 MACADAM RD S PO BOX 146 227 BELLEVUE WAY #454 ALBERTO-SPRUILL MARIA E 3419 S 203RD ST 13561 MACADAM RD S 13430 48TH PL S TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA PORTLAND OR 701 FIFTH AVE STE 2200 TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA KENT WA TUKWILA WA TUKWILA WA RENTON WA BELLEVUE WA 13445 48TH PL S SEATAC WA TUKWILLA WA TUKWILA WA 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 97292 SEATTLE WA 98168 98168 98168 98168 98042 98168 98168 98057 98004 TUKWILA WA 98198 98168 98168 ADDR-05422 ADDR-05423 ADDR-05424 ADDR-05420 ADDR-05407 ADDR-12964 ADDR-05325 ADDR-05427 ADDR-05429 ADDR-05431 ADDR-00538 NA NA NA ADDR-00543 NA NA NA NA NA NA NA NA NA NA NA NA NA 98104 NA 98168 NA r c Moira Bradshaw From: manion <manion@seanet.com> Sent: Monday, September 25, 2017 3:28 PM To: Moira Bradshaw Subject: RE: Link to Agenda packet for City Council Public Hearing on Monday September 25, 2017. Attachments: IMG_20170924_103326 jpg; IMG_20170924_103102jpg; IMG_20170924_103231 (2) jpg; IMG_20170924_103305 (2) jpg Hello Moira, Thank you very much for your outstanding professional report. I am quite impressed by the in depth analysis, and fair considerations of all parties interests. I concur with the report except the frontage side, addressing and street access recommendations (as written). With all due respect to you please allow me to explain: Since 1992 I have been and I will continue to be a good neighbor to LDR and CLI sides of my property. 1 believe that rezoning should have no additional permanent limitations as proposed as part of the ordinance. The property owner should continue to enjoy the same rights as neighbors in regards with street access. Access should bw governed by City traffic/parking regulations and conditioned through the building/occupancy permits as applicable. In fact, the concerns were about "truck travel on 48th Avenue S" and I believe it refers excIusively to CDL Class 8 Vehicle ( 33,001 lbs or more, double axis, 54ft trailers and the like) and it excludes passenger cars, pick-up trucks, small trailers, UPS deliveries, cargo and passenger vans and tucks or first responder vehicles etc. Currently, the heavy duty traffic is confined on S 134th PL with limited hammerhead turning (legal) at the intersection of S 134th PI and 48th Avenue S by mostly by drivers who intended to go to 1-5 rap. The drivers back west on 48th Av South as necessary, than turn left and return on S 134th PL heading north towards 1-5 ramp. Taking into account that the maneuver is slow on the flat surface followed by a turn downhill, it is very quiet. Except my property, the trailer end (54 ft away from muffler) ends far away of any LDR properties in the neighborhood. During day time, the maneuver is so quiet, that is only visually noticed. In addition, exempt for local access, .ffic heavier than 5 ton is •rohibited on Macadam and S 134th PL.)he Macadam Street & 48th Avenue S intersection could not be negotiated by heavy duty trucks and it is avoided (on y one stranded truck that I know did not ant it and get stuck). Therefore heavy duty traffic could not come to and leave the site via Macadam Street. The heavy traffic backing up and turning into the site from 48th Avenue South is not possible due to narrowness of street and site entrance. In addition, our development preliminary layout naturally limits heavy duty access from S 134th PL only. For instance, we propose shipping/receiving dock at the NE end of the property with a driveway as an extension of 47th Avenue S and long enough to accommodate trailer length and for maneuvering without blocking traffic on S 134th Avenue S. I believe that access concerns will be better addressed through conditional permitting and traffic signage without imposing undue limitations attached to the property. Currently both our LDR neighbors to south and west are parking commercial contractor vehicles (cargo vans with company logo/+ ladders). 1 Commercial access restrictions for the site beyond those applicable to everyone by the City traffic/parking regulations will preclude the property owner to full enjoy the same rights as the neighbors and reduce the value of the property (corner lot). As stated, if rezoning is approved, the development process will retaining a civil engineer and a fish biologist to help with the project including storm/fish water issues. The final potential scenario proposed is keeping the house. A porous surface parking lot is conceivable to be developed at SW corner to provide employee parking including ADA (handicapped) as required by our FDA license. However, taking into account the site topography on the S 134th PL side, an access driveway on the west side may be necessary as an escape/egress route and for access of first responders from the west side of the building (fire lane, ambulance etc.) As written, the "commercial light industrial use" could be excluding legitimate use as employee parking, shipping delivery (UPS/Fed Express), repair/service Tight trucks etc. In regards to addressing issue, I have no problem with a new address in addition to the old one (13407 48th Av S) for which the mailbox is located on the S 134th PI side. I am using this address since 1992 and I don't want to loose any potential mail or to change documents. I will be more than happy to further discuss/negotiate this issues with the concern parties before the hearing a 6:15 p.m. Other than that, we are good to go and I would like to thank you again for your help and excellent work. Best Regards, Ion Manea Original Message From: Moira Bradshaw [mailto:Moira.Bradshaw@TukwilaWA.gov] Sent: Friday, September 22, 2017 10:10 AM To: manion; Aaron Seelye Subject: Link to Agenda packet for City Council Public Hearing on Monday September 25, 2017. http://records.tukwilawa.gov/weblink/1/fol/292193/Rowl.aspx Please let me know if there are any issues with access. Regards, Moira Carr Bradshaw Senior Planner Tukwila Department of Community Development 206 - 431- 3651 The City of Opportunity, the community of choice Original Message From: Aaron Seelye [mailto:aseelye@eltopia.com] Sent: Thursday, September 21, 2017 3:47 PM To: Moira Bradshaw <Moira.Bradshaw@TukwilaWA.gov> 2 Commercial access restrictions for the site beyond those applicable to everyone by the City traffic/parking regulations will preclude the property owner to full enjoy the same rights as the neighbors and reduce the value of the property (corner lot). As stated, if rezoning is approved, the development process will retaining a civil engineer and a fish biologist to help with the project including storm/fish water issues. The final potential scenario proposed is keeping the house. A porous surface parking lot is conceivable to be developed at SW corner to provide employee parking including ADA (handicapped) as required by our FDA license. However, taking into account the site topography on the S 134th PL side, an access driveway on the west side may be necessary as an escape/egress route and for access of first responders from the west side of the building (fire lane, ambulance etc.) As written, the "commercial Tight industrial use" could be excluding legitimate use as employee parking, shipping delivery (UPS/Fed Express), repair/service light trucks etc. In regards to addressing issue, I have no problem with a new address in addition to the old one (13407 48th Av S) for which the mailbox is located on the S 134th PI side. I am using this address since 1992 and I don't want to loose any potential mail or to change documents. I will be more than happy to further discuss/negotiate this issues with the concern parties before the hearing a 6:15 p.m. Other than that, we are good to go and I would like to thank you again for your help and excellent work. Best Regards, Ion Manea Original Message From: Moira Bradshaw [mailto:Moira.Bradshaw@TukwilaWA.gov] Sent: Friday, September 22, 2017 10:10 AM To: manion; Aaron Seelye Subject: Link to Agenda packet for City Council Public Hearing on Monday September 25, 2017. http://records.tukwilawa.gov/weblink/1/fol/292193/Rowl.aspx Please let me know if there are any issues with access. Regards, Moira Carr Bradshaw Senior Planner Tukwila Department of Community Development 206 - 431- 3651 The City of Opportunity, the community of choice n Moira Bradshaw From: Rachel Turpin Sent: Monday, September 25, 2017 11:04 AM To: Christy O'Flaherty; Moira Bradshaw; Nora Gierloff Cc: Andy Youn Subject: Re: Quasi-judicial Hearing Hi all, Given that this is a quasi judicial hearing, it is best to error on the more formal side, which to me means carefully following our agenda, which does not appear to allow for rebuttal after public comment. That said, I guess you could request ahead of time that the council deviate from that agenda and allow for a brief rebuttal by the applicant and/or staff after public testimony. But given that it doesn't look like that's what we have done previously, we may be better off just strictly sticking to the agenda. Some jurisdictions do allow the applicant to respond to any testimony presented, including public comments, Some also allow rebuttal by staff and by opponents. If rebuttal is allowed it should not include new testimony or evidence. Thanks! Rachel From: Christy O'Flaherty Sent: Monday, September 25, 2017 10:15:49 AM To: Moira Bradshaw; Nora Gierloff Cc: Rachel Turpin; Andy Youn Subject: Quasi-judicial Hearing Per Moira's question regarding the Flower Power applicant wanting to have a rebuttal to public comments, highlighted below is what is currently on the back of our agenda front sheet for every meeting. We typically have not timed the City's staff report nor an applicant. Currently, for tonight, the script is as follows: • The Council President will open the hearing; • I will give an overview of the quasi-judicial process and swear in those testifying; ask the appearance of fairness questions; • Then the Council President will ask City staff for a staff report; • Then he will ask Flower Power for a report; • Then he will ask for Public Comments; • Then he will ask if the Council has questions of staff or the applicant; • Then he will close the public hearing. We usually do not have rebuttals to the public's comments. There's nothing about rebuttal during public comments. Here is the section on public hearings from the 2nd page of the agenda packet: 1. The proponent shall speak first and is allowed 15 minutes for a presentation 2. The opponent is then allowed 15 minutes to make a presentation 3. Each side is then allowed 5 minutes for rebuttal 4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 1 5. After each speaker has spokes, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that time. Please advise if any of the above should change. 2 .4501 .3200045 508 613200055 2613200173 L r, fiA / 2616 465.0 O 2613200042 oo \ 2`6432.341774 `� 415\rf � f �,� c13419; / P°°/ ✓ 0 2613Au624 pt 3 13423/, 26132000267 35 61, Fps 7347(Oyu60. r'. 5052-/ ci' ¢, `134✓35 M ����~/,1f //2 1:3437/ N I o.1,., 3200024b 'QQ1 0 13443 0/ 567300[.�U 6.0 567300004 445 I N I M 13,'604 CArt qv(' 42 G� `5' ot, 0wipe ;AO poi 11;olgrD00 �, / 4 2000 8M4487 4489+ • 3 ,GUR411 ‘501 f 2613200045 L31467 70 so 4508 fl 1 RI t%Gl 0641.1V11 • ' Lti4111 lV 26132.0173 HVY�11464 1.441J ' - ' 1JEJ0.111ttFO 2616 6D'u"u 50 2613200042 2613`33542© �F �. r<' ,ram / \ / 261 '341�, 135�4 J8 N s1,? / ��1 3 21, 1 2613,7 ew G2,1 L ff 26132001 '43 \� f-/" d13423�; � "'-\\` 2613200020 7347ku60a IFI W r r n.� `13'604 5673000C CT' C rs 0 4712N, 0 56412040112 AR-31 5673000090 134041/ 5673000:17 5 1 0 0 , 4842 n ir°44334 �� 4$7 9/Y/� CITY OF TUKWILA NOTICE OF PUBLIC HEARING PROJECT INFORMATION The request: Change the designation of one parcel, totaling 28,270 square feet, from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI.) The application would change the Comprehensive Plan Land Use and the Zoning Code maps. Applicant and property owner: Ion Manea Location of requested change: 13407 48TH Avenue S. Tukwila, WA 98168 Parcel number: 2613200028 File numbers: PL16-0063 - L16-0084 Comprehensive Plan Land Use and Zoning Code Map Change; E17-0005 SEPA Decision Other known required permits include: None at this time Studies required with the applications include: SEPA environmental checklist FILES AVAILABLE FOR PUBLIC REVIEW The application, environmental document, and staff reports are available for review at the City of Tukwila, Department of Community Development (DCD), located at 6300 Southcenter Blvd #100; Tukwila, WA 98188 from 8:30 - 5:00, Monday -Friday. OPPORTUNITY FOR PUBLIC COMMENT Your comments on the project are requested. Comments may be delivered to DCD at the address above no later than 5:00 P.M. Monday September 25, 2017. You may also email written comments to the project planner: Moira.Bradshawc tukwilawa.gov by the date for the hearing; Attend the City Council public hearing When: Monday September 25, 2017 7 p.m. Where: Tukwila City Council Chambers 6200 Southcenter Boulevard Tukwila, WA 98188 APPEALS You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431-3670. For further information on this proposal, contact the project planner: Moira Bradshaw at (206) 431-3651, Moira.bradshaw@tukwilawa.gov or visit the Tukwila DCD offices at 6300 Southcenter Boulevard, Suite #100, Tukwila, WA 98188 Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: Notice of Completeness Issued: Notice of Application Issued: Notice of Public Hearing Issued: December 30, 2016 June 22,2017 June 2.9,2017 September 8, 2017 City of Tukwila Public Meeting Sign -In Sheet HEARING/ AGENDA ITEM / FILE# Date PLEASE PRINT CLEARLY AS THIS IS THE INFORMATION STAFF WILL USE TO CREATE A CONTACT LIST TO NOTIFY YOU OF FUTURE INFORMATION REGARDING THIS MEETING ITEM. BE ADVISED THAT THIS DOCUMENT AND THE INFORMATION SUBMITTED BECOMES SUBJECT TO PUBLIC DISCLOSURE IF NOT A CITY OF TUKWILA RESIDENT, PLEASE INCLUDE CITY AND ZIP CODE NAME ADDRESS or EMAIL IF PREFERRED CITY, ST, ZIP PH# (OPTIONAL) OvId lialAciejeol 16-6-4446 aLia"6&174 Ql'I'''' 5-3- 7 Vd.-.5v C : ---ig 1 & S C , \NA) e E g Ic s ��cA ie., g � e� 2C� COI 3 7 7 r7_ To: Robin Tlshmak, Ryan Larsen, Andrea Cummins From Moira Bradshaw Date: 7/25/2017 Subject: 13407 48 Avenue S. Flower Power Rezone Findings Surface Water Existing House, built in 1948, is constructed over the Southgate watercourse. An 18 inch culvert runs under part of the structure as well as the driveway access on 48th Av. S. The elevation of the house is considerably lower than 48th Avenue S. The house/property periodically floods, even after installation of the hi -flow bypass. Southgate Watercourse is regulated as a Type 2 watercourse which means: Those watercourses that are known to be used by fish or meet the physical criteria to be potentially used by fish and that have perennial (year-round) or seasonal flows. The watercourse changes to a Type 3 at the south property line of the subject site. A house could be rebuilt elsewhere on the site per the following Nonconforming Structure section. " In wetlands, watercourses and their buffers, existing structures that do not meet the requirements of the Sensitive Areas Overlay District may be remodeled, reconstructed or replaced, provided that: a. The new construction does not further intrude into or adversely impact an undeveloped sensitive area or the required buffer; b. The new construction does not threaten the public health, safety, or welfare; and c. The structure otherwise meets the requirements of the Zoning Code. The required 100-foot buffer makes industrial redevelopment of the subject site only possible through an application for a buffer reduction. Transportation S. 134 Street is a sub -standard (45 foot right of way ; 50 — 60 feet standard) commercial/light industrial local access street and 48 Avenue S. is a residential local access street (40 foot right of way; 50-60 feet standard.) Neither street has curbs, sidewalks, or shoulders. A driveway from S. 134 Street over Southgate provides access to the house. Access to the property from 48 Avenue S. would be difficult because of the grade difference between the street and the property. Insert Photo showing grade differences. Page 1 of 2 The "T" intersection of 48 and S. 134 Street is used as a truck turnaround. The southwest corner radius is very tight. A corner tree provides an effective guard for the pavement edge. Insert picture of tree and edge. Land Use Topography orients the site to S. 134 Place, which is a commercial/light industrial street. Access to 48th Avenue S. would be difficult and costly. Noise from the LINK system negatively affects the property owner. Questions: Where is the best place to access the site? Physically and environmentally? What is required to change the typing of the stream? Can the high flow bypass be reconstructed so that it works? What frontage improvements are likely if the site were to redevelop as commercial /light industrial? What are the long-term plans for Southgate Stream? c4oub/ $tufyvei-c, G "r" /'� 7`-��. G'" �i� �V � c � rYl� lt � PS Page 2 of 2 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director Affidavit of Distribution Project Name: FLOWER POWER USA Project Number: PL16-0068 Associated File Number (s): L16-0084 & E17-0005 Date Mailed: 7/5/17 Mailing requested by: MOIRA BRADSHAW Mailer's signature: ❑ Board of Adjustment Agenda Packet ❑ Board of Appeals Agenda Packet ❑ Determination of Non -Significance ❑ Determination of Significance & Scoping Notice ❑ Mitigated Determination of Non - Significance ❑ Notice of Action ® Notice of Application Parties of Record: ❑ Notice of Application for Shoreline Mgmt Permit ❑ Notice of Decision ❑ Notice of Public Hearing ❑ Notice of Public Meeting ❑ Official Notice ❑ Other: ❑ Shoreline Mgmt Permit ❑ Short Subdivision Agenda SENT TO ATTACHED AGENCIES VIA MAIL OR EMAIL, SECOND MAILING, PLANNER FORGOT AGENCY CHECKLIST. AGENCY LABELS 71 ( ) Office of Archaeology ( ) Transportation Department (WSDOT NW) ( ) Dept of Natural Resources ) Office of the Governor pcWA State Department of Commerce (formerly Community Dev) ( ) WA Fisheries & Wildlife, MillCreek Office ( ) WA Fisheries & Wildlife, Larry Fisher, 1775 12th Ave NW Ste 201, Issaquah WA 98027 ( ) City Clerk Office — Ana Le PUBLIC HEARINGS/MEETINGS need to go to Ana to include in Digital Records Center ( ) US Corps of Engineers ) Federal HWY Admin ( ) Federal Transit Admin, Region 10 ( ) Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ( ) US Environmental Protection Agency (E.P.A.) ( ) US Dept of HUD ( ) National Marine Fisheries Service Section 2 WASHINGTON STATE AGENCIES ( ) Dept of Social & Health Services y NW R nal Offic Shore! d Div. D RE • i I-RES RRECEIPT ept of 'cology, SEPA **Send Electronically Office of Attorney General ( ) Office of Hearing Examiner Section 3 ( ) KC Boundary Review Board ( ) Fire District # 11 ( ) Fire District # 2 ( ) KC Wastewater Treatment Div ( ) KC Dept of Parks & Recreation ( ) KC Assessor's Office ( ) KC Watershed Coordination WRIA 9 KING COUNTY AGENCIES ( ) Health Department ( ) Port of Seattle ( ) KC Dev & Environmental Services-SEPA Info Center ( ) KC Metro Transit Div-SEPA Official, Environmental Planning ( ) KC Dept of Natural Resources ( ) KC Dept of Natural Resources, Andy Levesque ( ),KC Public Library System Foster Library ( )Renton Library ( ) Kent Library ( ) Seattle Library Section 4 SCHOOLS/LIBRARIES ( ) Westfield Mall Library ( ) Tukwila School District ( ) Highline School District ( ) Seattle School District ( ) Renton School District ( ) Century Link ( ) Seattle City Light ( ) Puget Sound Energy ( ) Highline Water District ( ) Seattle Planning &Dev/Water Dept ( ) Comcast Section 5 UTILITIES ( ) BP Olympic Pipeline ( ) Seattle Public Utilities ( ) Val-Vue Sewer District ( ) Water District # 20 ( ) Water District # 125 ( ) City of Renton Public Works ( ) Bryn Mawr-Lakeridge Sewer/Water Dist ( ) Waste Management ( ) Cascade Water Alliance ( ) Tukwila City Departments ( ) Public Works ( ) Fire ( ) Police ( ) Finance ( ) Planning ( ) Building KParks & Rec ( ) Mayor City Clerk (PUBLIC HEARINGS/MEETINGS) Section 6 CITY AGENCIES ( ) Kent Planning Dept ( ) Renton Planning Dept ( ) City of SeaTac ( ) City of Burien ( ) City of Seattle ( ) Strategic Planning *Notice of all Seattle Related Projects Section 7 OTHER * send notice of all applications on Green/Duwamish River ( ) Duwamish River Clean Up Coalition * ( ) Muckleshoot Indian Tribe * ( ) Cultural Resources ( ) Fisheries Program ( ) Wildlife Program ( ) Duwamish Indian Tribe * ( ) People for Puget Sound * LOCAL AGENCIES ( ) Puget Sound Clean Air Agency ( ) Sound Transit/SEPA ( ) Puget Sound Regional Council ( ) Washington Environmental Council ( ) Futurewise ( ) Puget SoundKeeper SW KC Chamber of Commerce Tukwila Historical Society** ** send notices for all Tu ila projects which require public notice — via email to: tukwilahistsociety0tukwilahistorv.orq and rcwieser(acomcast.net ( ) Seattle Times ( ) Highline Times Section 8 MEDIA ( ) South County Journal ( ) City of Tukwila Website W:\\Planning\Development Review Manual\LU Application Review Process\Public Notice Procedures\Mailing\Agency Checklist Public Notice Mailings For Permits SEPA MAILINGS (Comment period starts on date of mailing) Notice of Application mailed to: Department of Ecology (send checklist with Notice of Application), applicant, other agencies a% necessary, property owners and tenants within 500 feet. It is also posted on site. KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand. Tribes — For any application on the Green/Duwamish River, send the checklist and a full set of plans with the Notice of Application SEPA Determination mailed to Dept. of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached list) *Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE at the time of SEPA determination: SEPA Determination Staff report SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to applicant, property owners and residents within 500 feet of subject property, agencies with jurisdiction. Comments are due 30 days after the notice of application is mailed/posted. The Notice of Application for a Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the Notice of Application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Notice is sent to Ecology's NW Regional Office Shorelands & Environmental Assistance Program. Shoreline Permit Notice of Decision: Mai/ to: (within 8 days of decision; 21-day appeal period begins date of filing with DOE) — Notice to DOE must be by return receipt requested mail (this requirement included in SSB 5192, effective 7-22-11). Department of Ecology Shorelands Section, NW Regional Office State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). *Any parties of record * send only the notice of decision and staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: One complete packet should also be sent to Muckleshoot Indian Tribe if they commented on the project during comment period.. Permit Data Sheet Shoreline Substantial Development Decision (Signed by Director) Findings (staff report or memo) Shoreline Permit Application Form (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) - Site plan, with mean high water mark & improvements — Cross -sections of site with structures & shoreline - Grading Plan — Vicinity map SEPA determination (Signed by Director) Findings (staff report or memo) SEPA Checklist (filled out by appliicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) W:\\Planning\Development Review Manual\LU Application Review Process\Public Notice Procedures\Mailing\Agency Checklist 0400 / City of Tukwila Department of Community Development File Number L16-0084 E17-0005 PL16-0063 LAND USE PERMIT ROUTING FORM TO: Building ❑ Planning I❑l Public Works Fire Dept. I❑I Police Dept. ❑i Parks/Rec Project: Flower Power USA Address: 13407 48 Avenue S. Date transmitted: June 22, 2017 Staff coordinator: Moira Response requested by: July 5, 2017 Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Plannang review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60-day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) Plan check date: ez...‘,,,/ Comments prepared by: Update date: W �4 0400 City of Tukwila Department of Community Development File Number IL16-0084 E17-0005 IPL16-0063 LAND USE PERMIT ROUTING FORM TO: Ell Building Planning IU Public Works Fire Dept. /Police Dept. Parks/Rec Project: Flower Power USA Address: 13407 48 Avenue S. Date transmitted: June 22, 2017 Response requested by: July 5, 2017 Staff coordinator: Moira Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60-day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) Polrc,e ho v- no Comments r O13jeci-10r?s / Plan check date: / /).9 /' 7 Comments prepared by, j? fi h Update date: 5/25/2017 /,' <y) Reply I v 1 Delete Junk I v RE: L16-0084 13407 48TH AVE S / 1, 3Z RE: L16-0084 13407 48TH AVE S Moira Bradshaw Fri 2/10, 5:12 PM manion <manion@seanet.com> Sent Items Thank you Ion. I appreciate your response and look forward to hearing back from you. Regards, Moira Carr Bradshaw Senior Planner Community Development Department 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 M-Th 1 8:30 — 5:00 I (206) 4313651 The City of opportunity, the community of choice From: manion [mailto:manion@seanet.com] Sent: Friday, February 10, 2017 5:10 PM To: Moira Bradshaw <Moira.Bradshaw@TukwilaWA.gov> Cc: manion@seanet.com Subject: RE: L16-0084 13407 48TH AVE S Dear Moira, It was a pleasure to meet you. I really appreciate your time and patience for the presentation of an unusual proposal. The meeting was very constructive and we have made substantial progress and clarification. Thank you for your help and guidance. t Reply I v This letter is to confirm that I agreed to postpone the public notification and meeting until submission of the revised site plan and required environmental checklist. I hope to be able to provide the required materials in timely matter. Best Regards, Ion Manea 0 of 0 https://outlook.office365.com/owa/projection.aspx 1/2 5/25/2017 RE: L16-0084 13407 48TH AVE S c') Reply I v El Delete Junk I v ••• To: MANIONPSEANET.COM Subject: L16-0084 13407 48TH AVE S Dear Ion, Would you please reply to this email and confirm that you agreed to postpone the public notification and meeting until you have submitted a revised site plan and required environmental checklist? Thank you, Moira Carr Bradshaw Senior Planner Community Development Department 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 M-Th 1 8:30 — 5:00 I (206) 4313651 The City of opportunity, the community of choice 0 of 0 https://outlook.office365.com/owa/projection.aspx 2/2 6/6/2017 RE: Rezone Questions Follow Up <') Reply I v ® Delete Junk l v 2t RE: Rezone Questions Follow Up AS Ann Marie Soto Today, 9:09 AM Moira Bradshaw; AnnMarie Soto; Minnie Dhaliwal v Inbox Hi Moira — 4j Reply I v I'm not sure I quite understand the questions you are posing. Are you asking whether the two scenarios you list below could be included as conditions of a rezone approval pursuant to TMC 18.84.020? If so, I don't think either should be a "condition" of a rezone. First, the boundaries of a rezone application are material to the rezone itself. If the boundaries do not meet the criteria outlined in TMC 18.84.020 then the rezone should be denied (or modified prior to submitting it with the final boundary configuration to Council), not simply conditioned on a boundary adjustment. Second, approving a rezone means you are approving that property to be used consistent with the new zone's development regulations. You cannot then limit future development by requiring a development agreement. If there are specific items that are "necessary to protect or enhance the health, safety and welfare of the surrounding area," then those specific items should be included as conditions of approval. However, I do not think all of the examples you listed meet the test. Enhanced pedestrian facilities might be necessary to protect or enhance the health/safety/welfare, but it may be more appropriate to include such a condition in a later stage of development and not the rezone. Additionally, senior housing is not "necessary" to protect the health/safety/welfare and, again, by approving the rezone, you are approving the potential to develop the property with any of the conceivable uses of the underlying zone. If there are uses in that underlying zone that are not in the interest of the public health/safety/welfare or which would be injurious to the surrounding area, then the rezone should not be approved. The final example you provided, the sewer extension, may be necessary, but that will again depend on the specific circumstances. Hopefully that answers your questions. If not, I'll be in the office at City Hall tomorrow if you'd like to discuss this further. Ann Marie Soto Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah, WA 98027-3820 Phone: (425) 392-7090, ext. 2205 Fax: (425) 392-7071 AnnMarie@kenyondisend.com www.kenyondisend.com From: Moira Bradshaw [mailto:Moira.Bradshaw@TukwilaWA.gov] Sent: Wednesday, May 31, 2017 2:59 PM https://outlook.office365.com/owa/projection.aspx 1/3 6/6/2017 RE: Rezone Questions Follow Up <) Reply I v ® Delete Junk I v ••• Please advise how to respond to the TMC section below: 18.84.030 Conditions on Rezone Approvals. The City Council shall have the authority to impose conditions and safeguards as it deems necessary to protect or enhance the health, safety and welfare of the surrounding area, and to ensure that the rezone fully meets the findings set forth in TMC 18.84.020. (Ord. 2116 §1 (part), 2006) There are two types of conditions that are possible. 1. changing the boundary of the proposed request to include less of the subject site in the change. I believe that including more land, that is, including additional property in the change would require NOTICE and future action. 2. conditioning future development with a Development Agreement. The topics for that future development agreement could be specified in the rezone ordinance and itemize things like - enhanced pedestrian facilities in the area, senior units versus unspecified rental housing, extension of sewer line east ward to 47 Ave S. and turnover to public system.... Thanks! moira From: Moira Bradshaw Sent: Tuesday, May 2, 2017 10:23 AM To: AnnMarie Soto; Minnie Dhaliwal Subject: RE: Rezone Questions Follow Up AnnMarie — thanks for your review of the issues. A couple of questions on your response. The City's application for a rezone incorporates the Comp Plan Change - it is one file/one number. When the Council holds a hearing that one hearing is on both the Comp Plan and Zoning Code map changes. Therefore there is one hearing to address both documents. With the two individual property applications, I assume we will have two separate Zoning Code ordinances for each "rezone property" and one ordinance for the Comp Plan changes Is that correct? The language in the rezone ordinance will be interesting to write since it will precede the comp plan ordinance. I assume it will have to say "the rezone becomes effective immediately upon the effective date of an ordinance to change the Comp Plan designation? Moira From: AnnMarie Soto Sent: Monday, May 01, 2017 1:21 PM https://outlook.office365.com/owa/projection.aspx 2/3 6/6/2017 RE: Rezone Questions Follow Up <) Reply I v ® Delete Junk j v ••• 3Z Hi Moira and Minnie - Following up on our meeting from last week, I did some research on your questions regarding the timing and approval of the rezone applications. Specifically you asked: 1) Can the City condition the approval of the first application pending the review of the second application and related Comp Plan amendment? 2) Must the final decision on the rezone be issued within 120 days? 3) Are "contract rezones" still allowed? My answers are below. I will be in the office later this afternoon if you would like to discuss this further. 1) TMC 18.84.030 specifically authorizes the City Council to condition rezone approvals. Here, the City cannot approve the rezone without a related comp plan amendment. Thus, yes, the rezone ordinance should include a conditional approval pending the approval of a comp plan amendment. This means the applicant will not be able to utilize the property as desired in the rezone application until the comp plan amendment is completed. Regarding the timing of the second application, the Council should be able to condition the first rezone on the timing of the second as long as the criteria in TMC 18.84.030 is met, but it seems inappropriate (and, thus, potentially arbitrary) to hold up approval on the first rezone based on the approval of another unrelated rezone (especially where it is pretty clear that the second rezone will not be approved because it does not meet the approval criteria). Thus, the safer thing to do would be to simply condition the first rezone pending approval of the comp plan amendment. 2) RCW 36.70B.080 and TMC 18.104.060 require decisions on a "project permit" be made within 120 days. RCW 36.706.020(4) further defines "project permit" to include "site -specific rezones authorized by a comprehensive plan or subarea plan." The problem here is that the comp plan amendment comes after the rezone, thus, it is technically not a site specific rezone "authorized" by the comp plan. Nonetheless, the safest course of action would be to make the decision within 120 days (subject, of course, to a subsequent comp plan amendment). 3) "Contract rezones" were never specifically authorized by the legislature. However, development agreements have essentially replaced the concept of contract rezones. https://outlook.office365.com/owa/projection.aspx 3/3 5/25/2017 RE: Rezone Questions Follow Up <) Reply I v ® Delete Junk I v ••• RE: Rezone Questions Follow Up AS Inbox Ann Marie Soto Wed 5/3, 10:23 AM Moira Bradshaw; AnnMarie Soto; Minnie Dhaliwal Hi Moira — E) Reply I v The TMC does not outline specific requirements for the ordinances so the City should use two separate ordinances for each of the rezones, and a separate ordinance for the comp plan amendment. We can work on the actual language of the rezone ordinances, but it should say something like, "The rezone application is conditionally approved, pending the adoption of an ordinance amending the Comprehensive Plan to authorize the rezone. The rezone shall be effective upon the effective date of said Comp-ehensive Plan amendment." Let me know if you have any further questions or would like to discuss this again in the future. Thank you. Ann Marie Soto Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah, WA 98027-3820 Phone: (425) 392-7090, ext. 2205 Fax: (425) 392-7071 AnnMarie@kenyondisend.com www.kenyondisend.com Our website has a new look. Visit us today at www.KenyonDisend.com. From: Moira Bradshaw [mailto:Moira.Bradshaw@TukwilaWA.gov] Sent: Tuesday, May 02, 2017 10:24 AM To: AnnMarie Soto <AnnMarie.Soto@TukwilaWA.gov>; Minnie Dhaliwal <Minnie.Dhaliwal@TukwilaWA.gov> Subject: RE: Rezone Questions Follow Up AnnMarie — thanks for your review of the issues. A couple of questions on your response. The City's application for a rezone incorporates the Comp Plan Change - it is one file/one number. When the Council holds a hearing that one hearing is on both the Comp Plan and Zoning Code map changes. Therefore there is one hearing to address both documents. With the two individual property applications, I assume we will have two separate Zoning Code ordinances for each "rezone property" and one ordinance for the Comp Plan changes Is that correct? The language in the rezone ordinance will be interesting to write since it will precede thecomp plan ordinance. I assume it will have to say "the rezone becomes effective immediately up 0 of 0 https://outlook.office365.com/owa/projection.aspx 1/2 5/25/2017 RE: Rezone Questions Follow Up <1 Reply j v (] Delete Junk I v ••• g+ Moira From: AnnMarie Soto Sent: Monday, May 01, 2017 1:21 PM To: Moira Bradshaw <Moira.Bradshaw@TukwilaWA.gov>; Minnie Dhaliwal<Minnie.DhaliwalPTukwilaWA.gov> Subject: Rezone Questions Follow Up Hi Moira and Minnie - Following up on our meeting from last week, I did some research on your questions regarding the timing and approval of the rezone applications. Specifically you asked: 1) Can the City condition the approval of the first application pending the review of the second application and related Comp Plan amendment? 2) Must the final decision on the rezone be issued within 120 days? 3) Are "contract rezones" still allowed? My answers are below. I will be in the office later this afternoon if you would like to discuss this further. 1) TMC 18.84.030 specifically authorizes the City Council to condition rezone approvals. Here, the City cannot approve the rezone without a related comp plan amendment. Thus, yes, i;he rezone ordinance should include a conditional approval pending the approval of a comp plan amendment. This means the applicant will not be able to utilize the property as desired in the rezone application until the comp plan amendment is completed. Regarding the timing of the second application, the Council should be able to condition the first rezone on the timing of the second as long as the criteria in TMC 18.84.030 is met, but it seems inappropriate (and, thus, potentially arbitrary) to hold up approval on the first rezone based on the approval of another unrelated rezone (especially where it is pretty clear that the second rezone will not be approved because it does not meet the approval criteria). Thus, the safer thing to do would be to simply condition the first rezone pending approval of the comp plan amendment. 2) RCW 36.70B.080 and TMC 18.104.060 require decisions on a "project permit" be made within 120 days. RCW 36.70B.020(4) further defines "project permit" to include "site -specific rezones authorized by a comprehensive plan or subarea plan." The problem here is that the comp plan amendment comes after the rezone, thus, it is technically not a site specific rezone "authorized" by the comp plan. Nonetheless, the safest course of action would be to make the decision within 120 days (subject, of course, to a subsequent comp plan amendment). 3) "Contract rezones" were never specifically authorized by the legislature. However, development agreements have essentially replaced the concept of contract rezones. 0 of 0 https://outlook.office365.com/owa/projecticn.aspx 2/2 t 1 City of Tukwila Notice Of Application Project Name: Flower Power USA Request: Rezone from Low Density Residential (LDR) to Commerical Light Industrial (CLI) Location: 13407 48 Avenue S. r Non Y r r n• .-- �""+ I+' t r— H•' ... Y+• .0— r• r Project Location w r' r ... sue.. /out Applicant: Ion Manea Property Owner: Ion Manea File #: PL16-0063 Project Planner: Moira Bradshaw at 206-431-3651 or Moira.bradshaw@Tukwilawa.gov Your written comments on the project are requested and can be delivered to: Dept. of Community Development, 6300 Southcenter Blvd, Suite 100, Tukwila WA 98188 Comments must be received by 5:00p.m. on April 27, 2017. You may view the application, request a copy of any decision, comment on the project, and learn your appeal rights by contacting the project planner listed above, or by visiting our offices Monday through Friday, 8:00am to 5:00 pm at DCD, 6300 Southcenter Blvd, Suite 100. You are invited to an Open House to find out more about the project. When : Tuesday, February 21, 2017, 4:30 p.m. —6:30 p.m. Where: Tukwila Community Center, 12424 42nd Ave. S., Tukwila, 98168 City of Tukwila Notice Of Application Project Name: Flower Power USA Request: Rezone from Low Density Residential (LDR) to Commerical Light Industrial (CLI) Location: 13407 48 Avenue S. • r �.. r 44 r•. a- r r r r' Project Location r r. r r r. r r• 4.-..r— w . r• po.0 •i• r—J r• r• r• r• Applicant: Ion Manea Property Owner: Ion Manea File #: PL16-0063 Project Planner: Moira Bradshaw at 206-431-3651 or Moira.bradshaw@Tukwilawa.gov Your written comments on the project are requested and can be delivered to: Dept. of Community Development, 6300 Southcenter Blvd, Suite 100, Tukwila WA 98188 Comments must be received by 5:00p.m. on April 27, 2017. You may view the application, request a copy of any decision, comment on the project, and learn your appeal rights by contacting the project planner listed above, or by visiting our offices Monday through Friday, 8:00am to 5:00 pm at DCD, 6300 Southcenter Blvd, Suite 100. You are invited to an Open House to find out more about the project. When : Tuesday, February 21, 2017, 4:30 p.m. —6:30 p.m. Where: Tukwila Community Center, 12424 42nd Ave. S., Tukwila, 98168 Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director You are receiving this notice because you are a property owner or tenant within 500ft of this project City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director You are receiving this notice because you are a property owner or tenant within 500ft of this project City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 ZP)a- SE ' i"L.E: • WA 05 SEP * 1 r PM7L. PACIFIC NW IRONWORK- ERS&EMPL ATT:MILT SMITH 701 FIFTH AVE STE 2200 0 You are receiving this notice because you Mil K. 8.7 4.8 City of Tukwila Notice of Public Hearing Project Name: Flower Power USA Request: Rezone frcn LOW Density Residentia (LDR) to Commercial Light Industrial (CLI) Questions: Call the Project Planner: Moira•l3dshaw at 206-431-3651; Send email: Moira.bradshaw@Tul<wilawa.gov; or Stop by: Department of Community Development (DCD,) 6300 Southcenter Blvd, Suite 100;Tukwila, WA 98188 Applicant & Property Owner: Ion Manea File #: PL16-0063 Location: 13407 48th Avenue S. You are invited to the Public Hearing where testimony will be taken by the City Council in order to inform their decision. When: Monday September 25, 2017 Time: 7:00 p.m. Where: Tukwila City Council Chambers 6200 Southcenter Boulevard Tukwila, WA 98188 Comments may also be delivered to the project planner by 5:00 p.m. on September 25, 2017. You may view the application, request a copy of any decision, comment on the project, and learn your appeal rights by contacting the Project Planner. 2/10/2017 <) Reply I V ® Delete Junk v RE: Flower Power USA Rezone and SEPA applique' rs From: Moira Bradshaw[mailto:Moira.Bradshaw@TukwilaWA.gov] Sent: Tuesday, February 07, 2017 10:51 AM To: manion@seanet.com Subject: Flower Power USA Rezone and SEPA applications Dear Mr. Manea — please see the attached letter for an explanation of what is required. There are two main issues that need immediate attention: 1. The main item that is missing and needed by next week is a completed Environrnental Checklist. If we don't receive it by next week, additional postage will be required for a second mailing. 2. Can you attend the required open house on February 21 at the Tukwila Community Center from 4:30 — 6:30 p.m.? Please call me and let me know about these two items. Regards, Moira Carr Bradshaw Senior Planner Community Development Department 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 M-Th 1 8:30 — 5:00 I (206) 4313651 The City of opportunity, the community of choice https://outlook.office365.com/owa/projection.aspx 2/2 2/10/2017 L16-0084 13407 48TH AVE S `f? Reply i 1 ® Delete v L16-0084 13407 48TH AVE S MB Moira Bradshaw ( Reply I v Today, 2:31 PM se MANION@SEANET.COM Inbox Dear Ion, Would you please reply to this email and confirm that you agreed to postpone the public notification and meeting until you have submitted a revised site plan and required environmental checklist? Thank you, Moira Carr Bradshaw Senior Planner Community Development Department 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 M-Th 1 8:30 — 5:00 I (206) 431 3651 The City of opportunity, the community of choice 2/10/2017 Fw: Invoice/Work Order Group - Land Use Sign for Flower Power USA t� 1 <-) Reply I v ® Delete JunnK I v Fw: Invoice/Work Order Group - Land Use Sign for Flower Power USA MB Moira Bradshaw Tue 2/7, 1:16 PM manion@seanet.com Sent Items Invoice _FII_.pdf 69 KB v Download Save to OneDrive - City of Tukwila Dear Mr. Manion - Please pay Fast Signs at your earliest convenience. Thank you. Moira Bradshaw From: FASTSIGNS 157 <FASTSIGNS.157@fastsigns.com> Sent: Tuesday, February 7, 2017 12:25 PM To: Moira Bradshaw Subject: Invoice/Work Order Group - Land Use Sign for Flower Power USA Hi Moira, Attached is the invoice for Flower Power. Your customer may call with payment at their convenience. Thank you for choosing Fast Signs! Kind regards, Rene Reeves , Visual Communications Specialist Fastsigns of Kent-Southcenter 17825 S. 180th Street, Kent, WA 98032 Phone: 206-575-21101 Facebook I Twitter I Website More than fast. More than signs!. E') Reply I v 2/10/2017 . RE: Flower Power USA Rezone and SEPA applirL-.ns ® Delete Junk l v ••• <) Reply I v RE: Flower Power USA Rezone and SEPA applications manion Wed 2/8, 4:53 PM Moira Bradshaw Inbox You replied on 2/8/2017 5:54 PM. PROPOSAL TUKWILA E ... 225 KB v Download Save to OneDrive - City of Tukwila Action Items Hello, Thank you for your letter and your phone call. el *) Reply ( v As per our conversation, attached is a new drawing of the proposed development. The new design has a better utilization of the land while addressing the existing know problem of noise pollution, street public safety and fish habitat degradation. It differs radically from the previous plan as follows: 1. It moves the storm water conveyance upland into a prefabricated open channel (composite panels, above ground, at land slope) that serves as a fish rearing and acclimation basin, that will eliminate the need for a buffer at ground level. The intent is to populate the fish habitat with juvenile fish from local hatcheries, for acclimation to local water, and further migration to the ocean via Duwamish thus a better chance of return to Tukwila creeks at maturity. 2. It adds a safe pedestrian crossing and sidewalks (on the property). 3. It improves the visibility at the street intersection (48th Av. & 134th St). 4. It adds an 80ft x 192 ft metal structure to contain two 96ft x 50ft enclosures and a 192ft x 30ft carport over 10 off-street parking slots. 5. It adds, water sedimentation, clarification and aeration basins. I am waiting for the environmental consultant in regards to the prefabricated fish habitat. Attached please find the layout. Please do not hesitate to contact me for further information. See you tomorrow. Best Regards, https://outlook.office365.com/owa/projection.aspx 1/2 FLOWER POWER USA, INC. — CITY OF TUKWILA SOUTHGATE COMMUNITY IMPROVEMENT PROPOSAL 13407 48TH AV S, TUKWILA, WA. 98168 (REZONING FROM LDR TO C/LI AND BUILDING PERMIT) ADDED BENEFITS: PEDESTRIAN AND TRAFFIC SAFETY IMPROVEMENT (350+ LET NEW SIDEWALK) Cj REDUCING TRAIN NOISE PROPAGATION TO NEARBY RESIDENCES Z IMPROVE STORM WATER DRAINAGE AND REDUCE SOIL ERROSION STOP FISH HABITAT DEGRADATION p PROMOTE SOUTHGATE CREEK FISH REPOPULATION AND RESTABLISHEMENT PROVIDE A STATE COMPLIANT SALMON HABITAT (300+ LFT, DAYLIGHTED, SHADED PROTECTED WATERSTREAM) PRESERVE LOCAL JOBS MSNc (SOUND TRANSIT DUTY SIDE (LDR ZONING) CLEAN STORM WATER GRAIN AND FISH REARING BASIN (HATCHERY SMOLTS TO BE ACLIMATED)) 192 FT x 80 FT 96FT x SOFT (ENCLOSED 6UILDINC (LOWER LEVEL) • h�iNvaEfoGs;s�PFY i FUTURE FISH WATERWORK (FLOW RATE; AUGMENT TION {' vPncsm di t134 TH STREE STRUCTURAL BUILDING FRAME 96FT x 5017 ENCLOSED BUILDING (UPPER LEVEL) 6I7 6, x 30 tI. CARPO T OFFSTRET PARING P[OLSRPN LE SIDEVIAL SIDE (C/LS ZONING) NONCOMPLIANT TRAIN NOISE X FASTSIGNS More than fast. More than signs' Page 1 of 1 FASTSIGNS - KENT/SOUTHCEtPhone 206-575-2110 7825 S. 180th Street Fax. 206-575-1806 Kent, WA 98032 Email: 157@fastsigns.com l INVOICE: Date Ordered: Due Date: 2/8/2017 Salesperson: Entered By: Date Printed: 157- 63718 2/7/2017 12:21:57PM Time: 4:00:OOPM Rene Reeves Rene Reeves 2/7/2017 Project Description: Land Use Sign for Flower Power USA Customer: City Of Tukwila -Community Development Ordered by: Moira Carr -Bradshaw Phone: (206) 431-3651 6300 Southcenter Blvd Suite 100 Tukwila, WA 98188 Email: moira.bradshaw@tukwilawa.gov PRODUCT DESCRIPTION QTY SIDES H x W UNIT COST TOTALS 1/2" Thick MDO *1/2" Wood with Premium printed 1 1 vinyl applied Color: Red/Black on White Text: Project Name: Flower Power Rezone from Low Denisty Residential to Commerical Light Industrial File Number: PL16-0063 Site Address: 13407 48th Ave. S Tukwila Type of Action: Rezone and SEPA Applicant: Ion Manea 48 x 48 $285.00 $285.00 Installation off premises*Professional Installation of sign at: 1 1 13407 48th Ave. S Tukwila, WA Color: 1 x 1 $107.69 $107.69 Notes: All estimates & invoices are subject to change based on artwork, size, materials, & unforeseen circumstances. Extra time, labor and materials will be billed to the customer. 2 Complimentary proofs/revisions per order, any additional proofs/revisions will result in an additional charge for design time. Estimates are good for 30 days. Other Payments: / / Form of Payment Amount Initials TERMS: C.O.D. / / RECEIVED/ACCEPTED BY DATE Bill To: City Of Tukwila -Community Development Attention: Moira Carr -Bradshaw 6300 Southcenter Blvd Suite 100 Tukwila, WA 98188 Line Item Total: Subtotal: Taxes: Total: Total Payments: Balance Due: $392.69 $392.69 $37.31 $430.00 $0.00 $430.00 Copyright © 2005 FASTSIGNS International, Inc SYSTEM \FASTSIGNS CRYSTAL Invoice-FII01 More than fast. More than signs. City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director January 26, 2017 Ion Manea 13407 48th Avenue S. Tukwila, WA 98168 Subject: Flower Power USA Project File # PL16-0063 Dear Mr. Manea, We reviewed the above application for a change to the Comprehensive Plan and Zoning Maps. Your application is considered complete per the Application Requirements section of the Zoning Code TMC 18.104.060; however, there are several items that will be required before we may schedule the City Council public hearing. 1. The site plan you submitted needs to be revised so that it is to scale. Regarding the proposed uses shown on the site plan, new off-street parking or driveway access are not permitted uses over streams or within their buffers. It appears that new off-street parking area in the southeast corner would be new and therefore would not be permitted. The "future driveway" along the north boundary would not be a permitted use as there are other access points to the property that do not require a new stream crossing. Please review the Sensitive Area Permitted Uses Section of the Zoning Code (TMC 18.45.070.) for what is allowed in and adjacent to watercourses. 2. A SEPA environmental checklist is required. Here is the link to the Sepa Environmental Checklist from the City's web page: http://www.tukwilawa.gov/wp-content/uploads/DCD- Apps-SEPA-Environmental-Review.pdf. The environmental checklist will need to be augmented with additional information on project impacts to the sensitive area on site. You would save yourself money on mailing a notice if you could get us a completed environmental checklist by February 9, 2017. Please let me know as soon as possible if you are able to meet this deadline. 3. You must arrange to pay for the Public Notice Sign posted on the site by contacting Fast Signs at 157c FASTSIGNS-NEWS.com 4. The required public meeting is currently being scheduled for February 21 at the Tukwila Community Center for 4:30 - 6:30 p.m. You, or your representative who can speak about the project, must be available during the meeting to answer any questions. Are you available on this date and at this time? Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Flower Power USA February 2, 2017 Page 2 The fact that an application is deemed complete does not, under any circumstances, prevent the City from subsequently requesting additional information or studies regarding any aspect of a proposed project that is considered necessary to do a complete review of the proposed project. The rezone application will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to the Permit Application Types and Procedures Section of the Municipal Code. (TMC 18.104.070(E).) I am available to meet you to go over this list at our mutual convenience or I'm happy to speak with you over the phone. Please contact me at 206 4313651 or moira.bradshaw@ tukwilawa.gov. Kind regards, Moira Carr Bradshaw Senior Planner Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov STREET ACCESS DIRTY STORM WATER IN PROPOSED DEVELOPMENT FLOWER POWER USA 13407 48th AV S, TUKWILA, WA. 98168 SIDE (LDR ,/,.;NE/#1z, t y 4 f ? !A- . . 7 . . . _ _ WATER DETENTION DECANTING SEDIMENT DEPOSIT PROPOSED BUILDING HYDROPONIC SPROUTS & CULINARY HERBS 160' x •25' = 4000 SOFT SHIP CLARIFICATION AERATION EXISTING HOUSE ROW. PACK STORAGE TEMPERATURE CONDONING FUTURE OFFICE RESTROOMS SUPPLIES / � 5o RFT R. E- 'I F ' RE ISH G P•, DS TU RIV' �R FUTURE WATER EQUILIBRIUM BASIN SPAWNING GRAVEL FUTURE CLEAN WAT R W KS • SE;,ED U-' •FIS R ' ING '•ONI: HADE DMN. ,- -,>�, ST AY RIV - ' F /•- r H IS OFF STREET PARKING I F ' E PAR G D wi �/N01 BR. >- T TR» ` Al 1 STREET ACCESS SPAWN FISH } SIDE (C/LS) EXISTING STORM WATER DICH 134 TH STREET TYPE II WATERCOURSE STREET ACCESS NOT TO SCALE (DETAILED ENGINEERING IN PROGRESS) YOUNG FISH TO DUWAMISH BY TRUCK NORTH TO EXISTING WATERCOURSE T1 Go3gle earth feet; meters 200 900 Cash Register Receipt City of Tukwila DESCRIPTIONS ACCOUNT QUANTITY PAID ,000.00� ,000.0 $4,000.00 $4,000.00 $4,000.00 ProjectTRAK L16-0084 Address: 13407 48TH AVE S n: 261320002 COMP PLAN AMEND COMP PLAN AMEND TOTAL FEES PAID BY RECEIPT: R10239 R000.345.810.00.00 0.00 Date Paid: Tuesday, January 03, 2017 Paid By: HERITAGE FARM COOPERATIVE Pay Method: CHECK 3699 Printed: Friday, December 30, 2016 4:55 PM 1 of 1 CRWSYSTEMS DESCRIPTIONS ProjectTRAK ACCOUNT QUANTITY PAID 4.475.35 L16-0084 Address: 13407 48TH AVE S Apn: 2613200028 4,475.35i, COMP PLAN AMEND $68.00 COMP PLAN AMEND R000.345.810.00.00 0.00 $68.00 NOTICE MAILING $467.00 GENERATE LABELS R000.341.700.00.01 0.00 $467.00 REZONE $3,559.00 REZONE R000.345.810.00.00 0.00 $3,559.00 TECHNOLOGY FEE $381.35 TECHNOLOGY FEE TOTAL FEES PAID BY RECEIPT: R10240 R000.322.900.04.00 0.00 $381.35 $4,475.35 Date Paid: Tuesday, January 03, 2017 Paid By: FLOWER POWER USE INC Pay Method: CHECK 1409 Printed: Friday, December 30, 2016 4:56 PM 1 of 1 SYSTEMS Rezone from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) at 13407 48th Av S, Tukwila, WA., 98168 Applicant: Ion Manea Tukwila home owner since 1992 Owner of Heritage Farm Cooperative/Flower Power USA. Growing fresh bean sprouts and employing 5-11 people, in Kent, WA Purpose: Relocate production facility from Kent to Tukwila due to King County Green River Levee Project that will enhance flood control and fish and wildlife habitat also beneficial to Tukwila. Reasons: Tukwila is the most preferred due to the lack of affordable warehouse space and proximity to customers and freeways. Eligible to be compensated for relocation and moving expenses by the King County which is interested to preserve the jobs in the area and is looking favorable into Tukwila relocation. Great opportunity to preserve the business, jobs and customer goodwill and cut the cost while operating in a new facility that we own. Current zoning (LDR) limitations: • Building size not to exceed 4000 sqft • Business need to be operated as a home occupation and is limiting the number of non resident employees to one. • Limited type of land use permitted. Commercial production operations prohibited (nursery, greenhouse etc.) • Customary building materials like corrugate panels are prohibited Other issues to be addressed: • Light rail train noise (80 dBA+) is in non compliance with federal, state, county and city noise regulations for residential areas but within the limit allowed for industrial areas. 5:00 a.m. — 1:00 a.m., every 6 to 15 minutes EMITING RECEIVING Residential Daytime Nightime Commercial Industrial dBA dBA dBA. dBA Commercial 57 (72) 47 (62) 60 (75) 65 (80) Industrial 60 (75) 50 (65) 65 (80) 70 (85) • Flooding, Storm -water Drainage, and Fish Habitat Degradation on Southgate East Fork • Pedestrian and traffic safety improvement Compliance purpose • Rezone to Commercial/Light Industrial • Reduction of noise propagation on the property and neighbor's residential area purpose: Plant tall, rapid growing native trees (poplar) Build a tall, long green building parallel to the parallel to West Edge of the property and perpendicular on sound propagation direction. Consistency with City of Tukwila Comprehensive Plan Goals and policies: • 1.10 i. Encourage locally -based food production, distribution, and choice through urban agriculture • 1.1.3.Expand access to quality, healthy, affordable and culturally -appropriate food and groceries for Tukwila residents • 2.1.12 Promote an economic climate that supports business formation, expansion and retention, emphasizing the importance of the City's entrepreneurs and small businesses in creating jobs. • 6.2.2 Provides a buffer between residential areas and ... highways, and railways; • 4.7.6 Retrofit existing City surface water systems, including ditches conveying storm water, to improve the water quality of discharges where.... Benefit to the community: • Rezoning will allow construction of a facility that will act as noise barrier from Sound Transit and nearby businesses and traffic located in the nearby C/LI zone. CONCLUSIONS: • The applicant is seeking the Comprehensive Plan amendment and rezoning in order to bring the parcel in compliance with noise limits regulations and develop the property for relocating of his facilities and personnel and conducting business in Tukwila thus to create the necessary resources to implement the following: Reducing flooding hazard and further degradation of Southgate Creek bed. Improve pedestrian and traffic safety • The desired zoning of C/LI will be annexing to the existing C/LI zoning at north and east of the subject property. • It will remove the size limitation for the building to be constructed (greenhouse/indoor hydroponics type), preserve up to eleven family wage jobs, and operate a Greenhouse/Food manufacturing facility in compliance with Tukwila regulations. • It will increase the City of Tukwila tax base • The rezoning will create no negative impacts. • It will permit relocation from Lower Green River Russell Rd Levee project site and allow King Country to commence the project on schedule. • No changes to functional plans. • No financial resources needed or will be required from the City of Tukwila The subject property is one of the last one that has the size and location to effectively contribute to the restoring of the Southgate Creek fish habitat. l 1 City of T kwlla Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director Invoice Issue date: September 5TH, 2017 Due date: October 5th, 2017 RE: Flower Power USA - Notice Mailing Project Numbers: PL17-0063 INVOICE Bill To Ion Manea 13407 48TH AVE S Tukwila WA 98168 MANION@SEANET.COM Following is a break -down of fees that are owed for a notice mailing that was issued to all owners and residents within 500 ft of the project.. Description Notice Mailing — Public Hearing Permit Number PL17-0063 The City of Tukwila accepts Cash, Check, Visa/Mastercard Credit card payment is accepted over the phone. 206.431.3670 A 3% convenience fee will be charged for all credit and debit payments. Quantity Price 63 1.00 Subtotal Paid Amount Due Line Total 63.00 $63.00 $00.00 $63.00 If paying by check please remit payment to: City of Tukwila Attn DCD 6300 Southcenter Blvd., Ste 100 Tukwila WA 98188 Phone: 206-433-1800 • City Hall Fax: 206-433-1833 • Website: www.ci.tukwila.wa.us 7 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 ZONING CODE AMENDMENTS INFORMATION Tukwila's Zoning Code implements its Comprehensive Plan policies. Rezoning a specific area (map change) will require a corresponding change to the Comprehensive Plan designation and the submittal of a separate Comprehensive Plan Amendment application. A text change to the Zoning Code does not necessarily require a Comprehensive Plan change. The land use designations and zoning regulations are the result of extensive discussion by residents, business owners and community groups. The community developed these policies and regulations based on consideration of existing conditions and long-term, community -wide goals. When an amendment is considered, the burden is on the proponent to demonstrate that the change is justified. An amendment may be appropriate in light of new information that affects assumptions on which the Comprehensive Plan and Zoning Code were based, unanticipated changes in community conditions or goals, or in the interest of public safety and welfare. It is important for the City to review and revise the Code as conditions and community priorities change. The relevance of the Comprehensive Plan and Zoning Code is based, in large part, on being up-to-date. The requirements and procedures are listed below. PROCEDURES: The Growth Management Act (GMA) allows a city's Comprehensive Plan to be amended no more than once each year except in an emergency or to amend the Shoreline Master Program (RCW 36.70A.130). Chapter 18.84 of the Tukwila Municipal Code (TMC) outlines a process for submittal and review of the proposed Zoning Code Amendment. Text Changes Changes to the allowed uses or development standards in the Zoning Code may be submitted at any time. They will have an initial review by the City Council. The City Council may either: 1) reject the proposal; 2) defer consideration until a later date; or 3) refer the proposal for additional review. Rezones Comprehensive Plan and Zoning Code Amendment rezone applications are due by December 31. The City Council holds a public meeting the following spring for a threshold review of proposed Comprehensive Plan and Zoning Code Amendments received prior to the December 31 deadline. The City Council may either: 1) reject the proposal; 2) defer consideration until a later date; or 3) refer the proposal for additional review. Additional review for either type of change includes environmental analysis and a hearing and recommendation by the Planning Commission. After the Planning Commission reviews an application and makes its recommendation, the proposed Comprehensive Plan and/or Zoning Code Amendment returns before the City Council for Public Hearing and final decision. RECEIVED CITY OF TUKWILA DEC 2 8 2016 PERMIT CENTER \\deptstore\City Common\Teri\Revisions In Progress\Zoning Code Amend-Jan2011.docx COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived, or should be submitted at a later date for use at the public hearing (e.g. colored renderings). Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206-431-3670 (Department of Community Development) and 206-433-0179 (Department of Public Works). Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning APPLICATION MATERIALS: 1. Application Checklist (1 copy) indicating items submitted with application. 2. Completed Application Form and drawings (4 copies, if applying for a Comprehensive Plan Amendment do not duplicate materials). 3. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). 4. One set of any plans reduced to either 8 1/2" x 11" or 11" x 17". 5. Application Fee: See Land Use Fee Schedule for the standard application fee. 6. Comprehensive Plan Amendment with fee if requesting a map change, do not duplicate materials. / /A— 1�/ 7. SEPA Environmental Checklist with fee once application is referred by the City Council to the Planning Commission for review. PROJECT DESCRIPTION AND ANALYSIS: 8. Provide a strikeout/underline version of the proposed code change, if applicable. 9. Provide any other information such as drawings, economic analysis or other material that may be helpful to the Planning Commission and City Council in evaluating your request. 10. Provide a written response to the criteria listed at 18.84.030 (included in packet). \\deptstore\City Common \Teri\Revisions In Progress\Zoning Code Amend-Jan201 l.docx CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 ZONING CODE AMENDMENTS APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-CODE Planner: File Number: L/(te _ Sy - Application Complete Date: Project File Number: -pi_ ) (O - Ob 0.3 Application Incomplete Date: Other File Numbers: NAME OF PROJECT/DEVELOPMENT: -T--Lou.3 BRIEF DESCRIPTION OF PROJECT: 1?--E 201J1 TV 04F4f L-y (A )1 T - 'v nt c' €i t . Xi ok,,S kb i 1>aro t c.. IN c L C T ' j (1.00t� 'i�%.) -51 N P 4 -O-c? fr1 t't�✓D M Pt l�te�N i - -wotj -O - i�.x, / - 5 OfLt'j „v�N ,,L (� - t I�AG- b (S N- LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block 1%,4-s`jt j4 and subdivision, access street, and nearest intersection. 1`-401- -4$1.1f Irv'S 5 11.)tz wA- `idt6cis• LIST ALL TAX LOT NUMBERS (thisinformatian may be found an your tax statement). 2�( SJ2opk22S DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: 0 l•-) Vt AA.) Address: 13 40'- 2d' T4.Ps\) 'S ke-uvi t-4 t L&JA , 9 ?( c 8 Phone: ` 20 ' 9 01 41 FAX: E-mail: Nik-A-Ct,not, e— ea • C-414/ Signature: Date: mo-n i o n @ snan e} G0111 \\deptstore\City Common \ Teri \Revisions In Progress\Zoning Code Amend-Jan2011.docx A. COMPREHENSIVE PLAN DESIGNATION: Existing: Proposed: B. ZONING DESIGNATION: Existing: Proposed: C. LAND USE(S): Existing: Proposed: (for proposed changes in land use designations or rezones) \\deptstore\City Common\Teri \Revisions In Progress\Zoning Code Amend-Jan2011.docx CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. ss I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents., , gineers, contractors or other representatives t right to enter upon Owner's real property, located at �34o-i- 4-2 1 �� /r} 5 `V )A(,4- — 9&f d for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at (city), till74-- (state), on 17. 24. 2G 1 k , 20 1I to 1b14 VI A - (Print Name (Address) (Phone Number) (Signature) On this day personally appeared before me _ -Ca Mail eoL to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THI LAURIE A. WERLE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES +t‘ MAY 29, 2018 a\ DAY OFCaGt�r,�r ,20— SOT RY PUBLIC "(aimk4v7 _ in and for the State of Washington residing at 7 )1 My Commission expires on v*` W:\Applications-Handouts. Land Use\CURRENT LAND USE APPLICATIONS\Comprehensive Plan Amendment -March 2016.docx / 1 Background and project description The applicant, Ion Manea, a resident and property owner in Tukwila since 1992, requests to redesignate on residential parcel from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) at 13407 48th Av S, Tukwila (Parcel #....). Since 2011, the applicant is engaged in the business of indoor hydroponic grow of bean sprouts, and subsequent daily fresh packing and distribution to Greater Seattle for an estimated consumption of over 70,000 portions of fresh healthy sprouts. The business is operated under Heritage Farm Cooperative/Flower Power USA name and it employs six to eleven people under a Food and Drug (FDA), Washington State Department of Agriculture food processing license. Beginning January 1st, 2017, it will add Hawaiian fresh Basil to our product line and it will be directly distributing as "Pho & Thai Supply". The basic sprouts production is in done hydroponically in a fully -automated, computer controlled, remote monitored facility at Port of Shelton. Three times a week, sprouts are transported to Kent to be closer to the customer base and labor force. Final growing, packaging and shipping are done, in a rented warehouse space at 22230 Russell Rd., Kent, WA. on the shores of Green River. No hazardous materials are used or noise generated, and good manufacturing practices are employed in order to comply with food safety regulations. To growing operation is 100% indoors, uses only seeds and potable water and aseptic plastic bags as inputs. The output is packaged ready to eat sprouts, and clean potable water at 70 deg F. Recently, the Kent facility building was acquired by the King County, as part of the Green River Levee Project, due to commence on first quarter of 2018, funding permitting. The project is located in Kent, in an area between 212th and 228th street, and Green River and City of Kent Natural Resource Park. The project will enhance flood control and fish and wildlife habitat on the Green River that will be beneficial also downstream to Tukwila residents. As part of the project our facility needs to be vacated and demolished for levee and park relocation. Before relocation there is a need to have a duplicate facility up and running before the old facility could be closed and the Tukwila location is the most preferred due to the lack of affordable warehouse space in the Greater Seattle area and proximity to our customers and freeways. By federal law, the business is eligible to be compensated for relocation by the King County which is interested to preserve the jobs in the area. This will be a great opportunity for us to consolidate both operations, preserve the business, jobs and customer goodwill and cut the cost while operating in a new facility that we own. Problem # 1 Current LDR zoning of the property (approx. 28000 sqft) has the following limitations: 1. Building size not to exceed 4000 sqft 2. Customary building materials like corrugate panels are prohibited 3. Business need to be operated as a home occupation and is limiting the number of non resident employees to one. 4. Parking spaces are limited. 5. Limited type of land use permitted. 6. Only a non commercial greenhouse permitted and up to 1500 sqft. Problem # 2 The applicant resides at 13407 48th Av S, Tukwila, in the vicinity and in direct line of sight of the worst spot, south of the Duwamish River Bridge with average readings of 65 dBA. A combination of rails curvature, slope and trains speed create frequent noises that were measured above the noise level allowed by the federal regulations in residential areas. Currently, the noise on the property is in non compliance with the, federal, state and local noise regulations for residential areas but within the limits allowed for industrial areas. According to Sound Transit and property site measurements, ear -aching noise from light rail's from the light rail line in the vicinity and at the property line exceeds the Federal, State and local permitted level. The maximum permissible sound levels depend on the land use district of both the source noise and receiving property. Washington State and Department of Ecology (WAC Chapter 173-60) and King County (KCC 12.88.020) limits noise levels (dBA) at property lines are as follows: Source Receiving Property Residential Commercial Industrial Day Night Residential 55 45 57 60 Commercial 57 47 60 65 Industrial 60 50 65 70 Solutions Compliance purpose: Rezone to Commercial/Light Industrial Reduction of noise propagation on the property and neighbor's residential area purpose: Plant tall, rapid growing native trees (poplar) Build a tall, long green building parallel to the parallel to West Edge of the property and perpendicular on sound propagation direction. Access the property to the north end, further from residential (500 ft) but closer to C/LI zoning. Problem # 3 Flooding, Storm -water Drainage, and Fish Habitat Degradation City of Tukwila manages storm -water conveying ditch system, referred in general as Southgate Creek. The subject property contains approx. 300 ft of storm -water drain (sometimes assumed and refer to as Southgate Creek tributary) that is classified as type II stream, a use - based classification is Salmonid Spawning/Rearing and Secondary Contact Recreation, / because the Southgate Creek main water course discharges to the Duwamish River downstream of the confluence with the Black River. The Southgate Creek extends under SR 599 through about 320 feet of culvert, a fish ladder, and large arch culvert into the Duwamish River downstream of the Black River confluence. No water quality data is available for this Southgate Creek drainage basin. The storm -water drain collects the waters coming down from the hills of Macadam Road and 1-5 . Between S 138th and S 136th Street, a small forested riparian wetland that provides base flow support, erosion control and water quality improvements that is beneficial habitat for songbirds, birds of pray, small mammals and amphibians. It enters the subject property trough a concrete discharge pipe piercing through 48th Av S embankment to fall approx. 3 ft into a ground pool. From there it further flows down on a brick ramp and into an underground conveyance concrete pipe. The water flows further downstream into a roadside drainage ditch located on the subject property edge along the S 134th PL Street. Due to large elevation drop and steep gradient, both concrete pipe and brick ramp are fish migration barriers. After flowing through several driveway culverts, at the end of S 134th Street and close to S 133rd Street, the water flows though a high -flow bypass structure into an underground piping network for final discharge into Duwamish River. The storm -water drain conveyance channel located on the subject property is badly eroded and it has poor quality riparian vegetation, invasive vegetation, narrow or non- existent buffers and eroded armored banks. Potential gravel spawning grounds are covered in sand, and pools for resting and feeding are filled with sediments. Since the shallow water and exposed to the sun for much of its canal length, the water heats to an unhealthy temperature for salmon. Without much native vegetation, fewer insects drop into the river to provide food. And periodic floods rush down the creek bed, wiping out spawning grounds and subjecting the fish to high levels of contaminants like phosphates, heavy metals and toxics. During heavy rains, a tremendous volume of turbid muddy water flow exceeds the capacity of the system and floods away the ground, conveyance ditch and inundates the house first floor. To alleviate peak flow flooding, a high -flow bypass (24" diameter underground piping system) was installed upstream of the intersection of 48th Av S and S 134th Street. Although the system has large water caring capacity, its water intake bottom is higher than the top of top of the concrete pipe discharging storm -water on the subject property. Also, the most frequently, the system intake is covered in part with mostly wood debris left over form previous high waters. As a result, the system kicks in only if full flow exceeds in the concrete pipe capacity and water backs up above the debris plugging up the high -flow bypass intake. Due to raised level, higher flower rates increase and causes high water velocity, erosion and transportation of gravel and soil from upstream to downstream. Basically, the high -flow bypass is working only to eventual protecting street flooding but not the downstream watercourse or the subject property; both located 10 ft bellow 48th Av S street level. As result sediments have been deposited, have reduced effective culvert conveyance capacities and covered up salmon spawning gravels. According to City of Tukwila 2013 Strom Water Comprehensive Plan, some rearing habitat (no spawning) is possible and only in some small sections along S 134th PL. /1 Portions of the Southgate Creek main stream at the intersection of 44th Av S and S 131st Street are often completely blocked by sediment and debris. Although the fish ladder at the SR 599 culvert is likely is a fish barrier during low stream flows, it is assumed that by the WDFW that Coho salmon are potentially present in Southgate Creek. One single juvenile salmon was observed in Southgate Creek more than 20 years ago and reported by a City of Tukwila employee. That was at the time when the main Southgate Creek was sustaining a health flow through hydraulically balanced riparian wetlands. That was before Nor-Med constructed a wetland that differs from the designed one and caused flow to slow down due to sediments deposited and cattails to grown directly within the fish channel itself. As a result, the water velocity becomes so low that the water could not flush through the wetland complex and often have been flooding of S 131st Street. That was before Southgate Creek was piped under S 133rd Street to connect an existing high -flow bypass structure (total fish barrier) initially installed to reduce flooding east of the S133rd Street/S134th PL intersection (caused from waters coming along S 134 PL Street). The intake structure of this high -flow bypass uses wood boards to set the final creek bypass level. When the boards are installed, low flows pass to the northwest along the creek drainage, while high flows are diverted from the main creek to mitigate flooding. The City has removed the boards to allow a greater amount of stream flow to be diverted and reduce flooding potential at the Nor-Med site. The result was increased sedimentation and increased frequency of backwater conditions in Southgate Creek main stream, requiring more water diversion though high - flow bypass under S133rd Street. The net result is further discharge of Southgate Creek main stream final discharge to into Duwamish River via a total fish barrier and underground piping system. Currently, even at low waters, Southgate Creek main stream waters are continuously back -flowing South underneath S 133rd Street. Back -flowing south towards high -flow bypass structure, is proof that its intake is at a lower elevation its intake, and therefore, at that point, the entirely flow of water (including waters coming downhill from 48th Av along S 134 PL Street). Furthermore, although it is hydraulically connected o Southgate Creek, the entire water flow of the storm -water drain along S 134th PL Street is not discharging to Duwamish River via the main Southgate Creek through Nor-Med wetlands but directly trough the high-flow/total fish barrier /underground piping system. It is impossible that any fish will migrate upstream into storm -water drain located on the subject property via high -flow bypass piping/fish barrier structure (id50017) such that at the S 133rd Street/S 134 PL Street intersection. According to field survey engineering reports there is also a total fish barrier blocking the main Southgate Creek main flow at S 133rd St/E Marginal Way Culvert (id50021) due to steep gradient. Also, discharge pipe across 48th Av S and underground brick ramp are total fish barriers that will make impossible fish passage upstream of 48th Av S. In conclusion, upstream fish migration from Duwamish River into main Southgate Creek has only one option: through a very low water flow, impeded by cattail growing, and sediment overheated channel, and after negotiating two partial barriers/potential fish t 1 t1 The 0.7 acre site has a single-family old house (1948 build) that is the applicant main residence. The subject LDR property is essentially a rectangle approx. 256 ft x 110 ft, with no LDR zoning on three sides and acting as a buffer between C/LI and LDR zoning and between Tight rail right of way and the LDR proprieties further west. According to King County records, the property edges are 15ft and 20ft from the arterial center lines, respectively 134 PL Street and 48th Av S. The property has Tess that 15% slope, with no reduced potential for geological activity. Property contains approx. 300 ft of storm -water drain (sometimes assumed and refer to as Southgate Creek tributary) that is classified as type II stream The buffer for a type II stream is 100 ft with an additional setback of 15 ft. There is no buffer or setback on the 134 PL Street side of the watercourse, with pavement ending at the watercourse high water mark. Further downstream of the subject property, there is no buffer on each side of the watercourse with storm -water runoffs and debris from the street and parking lots ending into the watercourse. On the other hand, the subject property East/West width is 110' .Allowance for 100' buffer and 15' setback from buffer edge will exceed the entire property and it would deny all reasonable use. A. COMPREHENSIVE PLAN REVIEW CRITERIA (TMC 18.80.050) 1. Describe how the issues are addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? The applicant is seeking the Comprehensive Plan amendment and rezone in order to bring the parcel in compliance with noise limits regulations and develop the property for relocating of his facilities and personnel and conducting business in Tukwila thus to create the necessary resources to implement the following: 1. Reducing flooding hazard and further degradation of Southgate Creek bed. 2. Rearing and acclimation of juvenile fish to be released in restored sections of the Southgate Creek. 4. Elimination of fish barriers and increase fish habitat surface and water quality of the watercourse on the property. The desired zoning of C/LI will be annexing to the existing C/LI zoning at north and east of the subject property. It will bring the property in compliance with the noise regulations and will allow consolidation and relocation of existing operations from Kent and Shelton. It will remove the size Iimitnf nn for the building, preserve up to eleven family wage jobs, and operate a Greenhouse/rood manufacturing facility in compliance with Tukwila regulations. It will increase the City of Tukwila tax base. The proposal is consistent with the objectives as stated on City of Tukwila Comprehensive Plant and City of Tukwila Storm water Comprehensive Plan and more specifically with the following goals and policies: 1.10 Food security, local food production and public health are promoted. i. Encourage locally -based food production, distribution, and choice through urban agriculture 1.1.3 Expand access to quality, healthy, affordable and culturally -appropriate food and groceries for Tukwila residents 2.1.12 Promote an economic climate that supports business formation, expansion and retention, emphasizing the importance of the City's entrepreneurs and small businesses in creating jobs. 4.5.5 encourage removal of piped sections of watercourses as part of new or redevelopment and public projects. 4.5.6 eliminate existing barriers to fish passage through implementation of capital improvement projects and by providing incentives to private sector development. 6.2.2 Provides a buffer between residential areas and industrial areas, highways, and railways; 6.2.5 Integrate natural features, such as day lighting streams, and adding trees, shrubs and other plants into the built environment, including residential, commercial and industrial areas. 4.5.1 Restore watershed function through sensitive area restoration projects on publicly -owned lands, and by working with property owners to restore/improve sensitive areas on private property. 4.5.6 .... eliminate existing barriers to fish passage through implementation of capital improvement projects and by providing incentives to private sector development 4.7.1 Imp,ave surface water management and ensure provision of water quality treatment where required. 4.7.6 Retrofit existing City surface water systems, including ditches conveying storm water, to improve the water quality of discharges where there are significant water quality or fish and wildlife benefits. 7 l 1 2. Rearing and acclimation of juvenile fish to be released in restored sections of the Southgate Creek. 5. Elimination of fish barriers and increase fish habitat surface and water quality of the watercourse on the property. The desired zoning of C/LI will be annexing to the existing C/LI zoning at north and east of the subject property. It will bring the property in compliance with the noise regulations and will allow consolidation and relocation of existing operations from Kent and Shelton. It will remove the size limitation for the building to be constructed (greenhouse/indoor hydroponics type), preserve up to eleven family wage jobs, and operate a Greenhouse/Food manufacturing facility in compliance with Tukwila regulations. It will increase the City of Tukwila tax base. The proposal is consistent with the objectives as stated on City of Tukwila Comprehensive Plant and City of Tukwila Storm -water Comprehensive Plan and more specifically with the following goals and policies: 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; The rezoning will create no negative impacts. It will make possible dedication of the resource to reduce the noise pollution to the neighborhood, reduction of flooding hazard and further degradation of Southgate Creek bed. It will retain and relocate eleven jobs. 3. A comprehensive explanation of why the current comprehensive plan or development regulations are deficit or should not continue in effect; (be specific; cite policy numbers and code sections that apply) Please see attached narratives: Current LDR zoning of the property (approx. 28000 sqft) has the following limitations: • Building size not to exceed 4000 sqft (TMC 18.10.057.2) • Customary building materials like corrugate panels are prohibited • Business need to be operated as a home occupation and is limiting the number of non resident employees to one (TMC 18.09) • Parking spaces are limited. (TMC 18.56.) • Limited type of land use permitted. (TMC 18.09) • Only a non commercial greenhouse permitted and up to 1500 sqft. 4. A statement of how the proposed amendment complies with and promotes the goals and the specific requirements of the Growth management Act; The proposed amendment complies with and promotes the goals and the specific requirements of the Growth management Act 5. A statement of how the proposed amendment complies with applicable The proposed amendment complies County Wide Planning policies with applicable County Wide Planning policies; It will permit relocation from Lower Green River Russell Rd Levee project site and allow King Country to commence the project on schedule. The project is of 9 major importance for flood protection and habitat enhancement for Tukwila Green River shoreline in the proximity and downstream of the project. 6. A statement of what changes, if any, would be required to functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; No changes to functional plans. 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect capital facility plans of the City; No financial resources needed or will be required from the City of Tukwila 8. A statement of what changes, if any, are required in other City codes, plans or regulations to implement the proposed change. Comprehensive Land Use and Zoning Map need to show new boundary (extended one parcel south and west at the corner of S 134th PL and 48th Av S) References: • Tukwila Streams, Struggling For Life, Could Get City Aid, by Geordie Wilson, Seattle Times, September 17, 1991 • Southgate Creek Assessment, by CH2M Hill, Inc., City of Tukwila contract 10-080, September 2, 2010 • City of Tukwila 2013 Surface Water Comprehensive Plan, by February 2013 • Order 2590, U.S. Army Corps Reference # 200500013, Water quality Certification Letter to Nor-Med Shaw Partnership, by State of Washington Department of Ecology, July 22, 2005 • Southgate Creek Sedimentation Assessment, by CH2M Hill, Inc., October 2010 • Ordinance 2310 — Amend Comprehensive Land Use Map for property at 4300 South 133rd Street- City of Tukwila, September 20, 2010 10 A. COMPREHENSIVE PLAN ui SIGNATION: Existing: LbCe._ Proposed: cILI B. ZONING DESIGNATION: Existing: Proposed: C. LAND USE(S): Existing: Proposed: Arc_ i SaoiZ\ lc t1.00il u� (for proposed changes in land use designations or rezones) tS+f t'1 k D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. Ndc-tCA: t Lb t 1.%6 / t G r Cf2titt:_tisol-icAt, t0-ILL- lCiJ uw Gs I'�r�`tGt-S Go lf( tec luAv54 -( (.. u N e 6r i- vi : t-�Q `���.�G-c, - ( .6 IRo5 W:\Applications-Handouts, Land Use\CURRENT LAND USE APPLICATIONS\Comprehensive Plan Amendment -March 2016.docx 1 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 COMPREHENSIVE PLAN AMENDMENTS APPLICATION F FOR STAFF USE ONLY Permits Plus Type: P-CPA Planner: /1V .-, File Number: !elf -oorzf Application Complete Date: (p /a0�j f /�'�' Project File Number: ?A ...00 6 3 Application Incomplete Date: _ Other File Numbers: g<l. - a Od „C This application requires public notice. Please refer to section 9 of the application checklist. NAME OF PROJECT/DEVELOPMENT: u� A _. LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 261 3Z 000 Ze DEVELOPMENT COORDINATOR: The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: Address: k \O q— ArNI 6 J �) �i Jl , t-.� -,' 'j 2 (6 Phone: Z 909 29 (2, /5 « >�lt'�-L � Zap qa — gran E mail: nkLetAk4, j01�g YQ'-Ca CATVG(,,� Signature: ` UviIA Date: 12- 2.01�, 9-) '14) 5%V- 17) W:\Applications-Handouts, Land Use\CURRENT LAND USE APPLICATIONS\Comprehensive Plan Amendment -March 20fl 6.docx After recording return to: Keaton G. Hille Hanson Baker Ludlow Drumheller P.S. 2229 - 112th Avenue NE, Suite 200 Bellevue, WA 98004-2936 CONFORMED COPY I1I1Il1I1jIIII 11111 111 IVIPIIV@ml IIV A 111lflll 20171030000784 COVENANT Rec: $79.00 10/30/2017 12:13 PM KING COUNTY, WA M DOCUMENT TITLE Restrictive Covenant Agreement REFERENCE NO. OF DOCUMENTS ASSIGNED/ RELEASED N/A GRANTOR Ion Manea, an individual GRANTEE City of Tukwila, a Washington municipality LEGAL DESCRIPTION Northeasterly 110 Feet of Tract 13, Fostoria Garden Tracts, According to the Plat Thereof, Volume 9, Page 95, Records of King County ASSESSOR'S PARCEL NOS. 2613200028 RESTRICTIVE COVENANT AGREEMENT THIS RESTRICTIVE COVENANT AGREEMENT ("Agreement") is entered into as of October 24, 2017, by and between Ion Manea, an individual ("Manea"), and the City of Tukwila, a Washington municipal corporation ("City"). WHEREAS, Manea is the owner of a certain real property commonly known as 13407 48th Avenue S., Tukwila, WA 98168, with King County parcel no. 2613200028, which is legally described in Exhibit A attached hereto (the "Manea Property"); and WHEREAS, on October 2, 2017, the City passed Ordinance No. 2552 (the "Ordinance"), thereby approving the rezone of the Manea Property from Low Density Residential ("LDR") to Commercial/Light Industrial ("C/LI"); and WHEREAS, the City has required, as a condition of completing the rezone, that the Manea Property shall be burdened by a restrictive covenant which requires that addressing and access for C/LI purposes be limited to S. 134th Place; and WHEREAS, Manea and the City now desire to confirm the terms of said restrictive covenant; NOW, THEREFORE, in consideration of the mutual promises contained herein, and the benefits derived therefrom, the undersigned parties hereby agree as follows: 1. Designation of Property Burdened by Restrictive Covenant. Manea and the City agree that the Manea Property is now zoned Commercial/Light Industrial and shall hereafter be burdened by the restrictive covenant contained in Section 2, below. - 1 - \\servera \server\ WPDOCS\ 17237\001 \B0435966. DOC Restrictive Covenant Agreement 2. Declaration of Restrictive Covenant. (a) Addressing and Access to Manea Property. Manea and the City hereby agree that all newly constructed C/LI structures and/or newly located businesses on the Manea Property, from the date of this Agreement onward, shall be addressed according to their location on S. 134th Place. Manea shall take all necessary actions to ensure, to the best of his ability, that all C/LI commercial motor vehicle traffic entering and exiting the Manea Property will do so from one or more points of access located on the S. 134th Place side of the Manea Property. (b) No Other Restrictions. Nothing contained herein shall prohibit Manea from building, installing, remodeling or reconstructing other improvements on or within the Manea Property. Further, nothing contained herein shall be deemed to prohibit non-C/LI traffic from entering or exiting the Manea Property from any location, whether located on S. 134th Place or elsewhere. 3. Reversion to Low Density Residential. Consistent with Section 2 of the Ordinance, if Manea should fail to comply with the requirements stated herein, the Manea Property shall revert to its original LDR zoning designation. On reversion to LDR, nothing in the Ordinance or this Agreement shall be construed to limit Manea's use and enjoyment of the Manea Property. All rights and privileges that existed prior to the Ordinance's passage shall be fully restored. 4. Covenant Running with the Land. The Manea Property is hereby subjected to the provisions of this Agreement and shall hereafter be owned, occupied, leased, mortgaged, sold or otherwise transferred subject to and together with the covenant and restrictions set forth herein. All of the provisions hereof shall be deemed to be covenants and restrictions running with and appurtenant to the Manea Property, and shall be binding and enforceable against the successors, assigns, heirs, personal representatives, transferees, mortgagees, grantees and tenants of the Manea Property. Manea or any person or party succeeding to possession of the Manea Property as a successor to Manea shall be subject to Manea's obligations hereunder only during the period of such person's or party's ownership of the Manea Property. Subject to the provisions of this Agreement, Manea reserves the right to use the Manea Property for all lawful purposes. 5. Termination. This Agreement will automatically terminate upon any of the following: (1) Manea fails to timely record this Agreement according to the terms of the Ordinance; (2) Manea fails to comply with the covenant set forth herein; or (3) the Manea Property is subsequently rezoned to any designation other than C/LI, along with the termination or amendment of the address and access condition (see below). In the case of non-compliance with the terms of this Agreement, and before automatic termination, the City shall provide Manea written notice, and at least 90 days' time following the date of said notice, to cure any non-compliance. This agreement may also be terminated at any time upon the mutual agreement of the owners of the Manea Property and the City. Whether termination occurs automatically or by mutual agreement, any termination will be effective only on the recording of a Termination of Restrictive Covenant document executed by both the owners of the Manea Property and the City. If this Agreement is terminated by mutual agreement, the Manea Property owner must properly petition the City to have the Manea Property rezoned. The City shall not unreasonably withhold such rezoning authorization. 6. Attorney's Fees and Costs. If either party brings an action or other proceeding against the other party to enforce any of the terms, covenant or conditions hereof, or by reason of any breach or default hereunder, the party prevailing in any such action or proceeding shall be paid all costs and reasonable attorneys' fees by the other party, and in the event any judgment is obtained by the prevailing party all such costs and attorneys' fees shall be included in the judgment. - 2 - \ \ servera \server\ W PDOCS\17237\OO I \80435966.DOC Restrictive Covenant Agreement 7. Governing Law and Venue. This Agreement shall be construed under and governed by the laws of the State of Washington. If any provision hereof is held to be unenforceable, the remaining provisions shall be in full force and effect. King County, Washington shall be deemed the proper venue for any dispute arising out of this Agreement. 8. Amendment. This Agreement may only be amended by written agreement of the parties to this Agreement, or their heirs, successors, or assigns. 9. Additional Cooperation; Essence of Time. The parties to this Agreement shall cooperate in good faith to carry out the intent of the covenant stated herein. Time if of the essence in the performance of all matters set forth in this Agreement. 10. Counterparts. This Agreement may be signed in any number of counterparts, all of which together shall be deemed to be a single instrument. OWNER OF BURDENED PROPERTY: By: Ion Manea, property owner THE CITY OF TUKWILA: By: Name: rl I( a_ n Ettiac..el Title: The remainder of this page has been left intentionally blank Notarizations follow in the succeeding pages -3- \\serve ra\server\ W PD OC S\ 1723 7\00 I \B043 5966. DOC Restrictive Covenant Agreement STATE OF WASHINGTON ) ss. COUNTY OF KING THIS IS TO CERTIFY that on this ).t day of ()ache , 2017, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came 1 i 1 Mine e%1 , personally known or having presented satisfactory evidence to be the ION MANEA, the individual that executed the foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on his own behalf. WITNESS MY HAND and official seal the day and year in this certificate first above written. LAURIE A. WERLE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MAY 29, 2018 Print Name: /,(/urr 4 a'erl c Notary Public in and for the State of Washington, residing at Expiration Date: 0-57; 11 �{ - 4 - \\servera\server\WPDOCS\ 172371001\B0435966.DOC Restrictive Covenant Agreement STATE OF WASHINGTON ) ss. COUNTY OF KING THIS IS TO CERTIFY that on this or day of D L f b €_ v , 2017, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came A ] Q,i n<.bvr9 , personally known or having presented satisfactory evidence to be the vyl pi o r of THE CITY OF TUKWILA, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument on behalf of said corporation. WITNESS MY HAND and official seal the day and year in this certificate first above written. aim 1,c) 1 Print Name: D a-/i . A trrt be r' id to n Notary Public in and for the State of Washington, residing at Expiration Date: id - 19 ( -5- \\servera\server\W PDOCS117237\001 \B0435966.DOC Restrictive Covenant Agreement EXHIBIT A LEGAL DESCRIPTION OF MANEA PROPERTY THE NORTHEASTERLY 110 FEET OF TRACT 13, FOSTORIA GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9 OF PLATS, PAGE 95, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. -6- \\servera\server\W PDOCS\I7237\00I \B0435966.DOC Restrictive Covenant Agreement C6cy ow q-37' 9-3-93 FLOWER POWER USA - LDR TO C/LI SITE APN: 2613200028 APPROVED PARENT PROJECT NO: PL16-0063 PROJECT NO: E17-0005 City of Tukwil Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director REVISED DETERMINATION OF NON -SIGNIFICANCE (DNS) File Numbers: E17-0005 Applied: June 15, 2017 Issue Date: September 14, 2017 (updated) Applicant: Ion Manea Lead Agency: City of Tukwila Description of Proposal: To change the Comprehensive Plan's Land Use Map and the Zoning Map from Low Density Residential (LDR) to Commercial Light Industrial (C/LI ) Address: 13407 48 Avenue S. Parcel Numbers: 2613200028 This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a Determination of Non -significance (DNS) for the above project based on the environmental checklist and the underlying permit application. The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21c.030(2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Project materials including the application, any staff reports, and other studies related to the permits are available Monday through Friday 8:30 a.m. - 5:00 p.m. for inspection at Tukwila Department of Community Development 6300 Southcenter Blvd., Suite 100, Tukwila, WA 98188. The project planner is Moira Bradshaw, who may be contacted at (206) 433-3760 for further information. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Flower Power Rezone — 20i 6-2017 Comprehensive Plan Amendment Docket September 14, 2017 Page 2 This DNS is issued under WAC 197-11-340(2). Comments must be submitted by September 28, 2017. (updated) The lead agency will not act on this proposal for 14 days from the date below. 'Jack Pace, Responsible f icial Date City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 (206) 431-3670 17 The decision is appealable to the Superior Court pursuant to the Judicial Review of Land Use Decisions, Revised Code of Washington (RCW 36.70C). Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time period to appeal the governmental action that is subject to environmental review. (RCW 43.21 C.075) Copy: Ion Manea David Vanderpol — dvanderpj@gmail.com Eric Schweiger - ericmSeattle@comcast.net State Department of Ecology, SEPA Division King County Assessor Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov f � City of Tu wil Department of Community Development - Jack Pace, Director DETERMINATION OF NON -SIGNIFICANCE (DNS) File Numbers: E17-0005 Applied: June 15, 2017 Issue Date: September 14, 2017 Applicant: Ion Manea Lead Agency: City of Tukwila Allan Ekberg, Mayor Description of Proposal: To change the Comprehensive Plan's Land Use Map and the Zoning Map from Low Density Residential (LDR) to Commercial Light Industrial (C/LI ) Address: 13407 48 Avenue S. Parcel Numbers: 2613200028 This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a Determination of Non -significance (DNS) for the above project based on the environmental checklist and the underlying permit application. The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21c.030(2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Project materials including the application, any staff reports, and other studies related to the permits are available Monday through Friday 8:30 a.m. - 5:00 p.m. for inspection at Tukwila Department of Community Development 6300 Southcenter Blvd., Suite 100, Tukwila, WA 98188. The project planner is Moira Bradshaw, who may be contacted at (206) 433-3760 for further information. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov hack Pace, Responsible Off ci. I Date City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 (206) 431-3670 Flower Power Rezone — 2016-2017 Comprehensive Plan Amendment Docket September 13, 2017 Page 2 This DNS is issued under WAC 197-11-340(2). Comments must be submitted by August 28, 2017. The lead agency will not act on this proposal for 14 days from the date below. /1 3 ii7 The decision is appealable to the Superior Court pursuant to the Judicial Review of Land Use Decisions, Revised Code of Washington (RCW 36.70C). Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075) Copy: Ion Manea David Vanderpol — dvanderpj@gmail.com Eric Schweiger - ericmSeattle@comcast.net State Department of Ecology, SEPA Division King County Assessor Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov l 1 City of Tukwil Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director Final Staff Evaluation Environmental Checklist Flower Power File No: E17-0002 I. Summary of Proposed Action The proposal is a change to the Comprehensive Plan's Land Use Map and the Zoning Map from Low Density Residential to Commercial Light Industrial. II. General Information Project Name: Flower Power Applicant: Ion Manea Location: 13407 48 Avenue S.; Tax parcel 2613200028 Comprehensive Plan Designation: Low Density Residential Zoning: Low Density Residential III. Background/Proposal This application is part of the 2016-2017 annual docket for amendment of the Comprehensive Plan. The non -project proposal is a quasi-judicial change to the land use designation on the Tukwila Comprehensive Plan and Zoning Code maps for a 28,270 square foot lot from Low Density Residential to Commercial/Light Industrial. The subject site contains several categories of environmentally sensitive areas. Landslide Class 2 - Moderate landslide areas with topographic slopes primarily along the 48th avenue S. and S. 134th place rights of way. Watercourse Type 3 watercourse - Southgate Stream. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov / Flower Power — E17-0005 September 11, 2017 Page 2 IV. Review of the Environmental Checklist The following is a summary of the elements contained within the Environmental Checklist submitted for the proposed project. The numbers in the staff evaluation correspond to the numbers in the Environmental Checklist. If staff concurs with the applicant's response, this is so stated. If the response to an item in the checklist is found to be inadequate or clarification is needed, there is additional staff comment and evaluation. A. Background: 1.-12. Concur with checklist B. Environmental Elements: 1. Earth: a—h Concur with checklist 2. Air: a Applicant did not respond to "after" impacts. Emissions from project would increase due to increased intensity of use from LDR to C/LI. Employee and business traffic will affect air emissions in area. b -c Concur with checklist 3. Water: a (1-6) Concur with checklist b (1)-(2) Concur with checklist c (1)—(3) It is not clear to what existing system the project impervious surfaces would connect. d Surface water design and construction of any future project shall be per the King County Surface Water Design Manual as adopted by the City of Tukwila. All impacts associated with drainage will be mitigated as part of the construction permit. Low Impact Development standards have been adopted by the City of Tukwila and include such facilities as rain gardens, bio-retention, pervious pavement, etc. Best Management Practices must be followed to ensure that no construction debris enters river. All impacts related to construction debris will be mitigated as part of the construction permit. 4. Plants: a There is likely wet soil and water plants in the watercourse and its buffer. b Concur with checklist c All of Tukwila is mapped as threatened, accessible by the Washington Department of Fish & Wildlife Salmonscape. d-e Concur with checklist Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov l 1 Flower Power — E17-0005 September 13, 2017 Page 3 a-c Concur with checklist 7. Environmental Health: a (1) -(5) Concur with checklist b (1) The site is adjacent to Interstate 5 and SR-599. b (2) Any future construction project shall be subject to the City's noise ordinance and any construction related noise shall be subject to those regulations. Compliance with applicable local, state and federal noise regulations will mitigate any potential adverse noise impacts, associated with the project. Any new uses allowed under C/LI zoning will generate additional vehicular traffic that will increase noise in immediate area. b (3) Concur with checklist 8. Land and Shoreline Use: a — c Concur with checklist d If the proposal is approved, any new commercial/industrial use would be required to meet the environmental standards in place at the time of construction. Current watercourse standards would require that any new use be setback out of the buffer unless a buffer reduction were approved. e-f Concur with checklist g - h The site does not contain a shoreline. The Comprehensive Plan Amendment/Rezone application says the future proposed use would have 11 employees. j-m Concur with checklist 9. Housing: a Concur with checklist b The applicant has stated that they would no longer use the site as a residence. c. Concur with checklist 10. Aesthetics: a- Concur with checklist b Development on a commercial light industrial site would require screening of related development from LDR zoned property on west. c. Covering the existing house with a structure to be used for commercial/light industrial purposes would not be allowed because of environmental regulations. 11. Light and Glare: a — d This is a non -project proposal and light and glare impacts from a future development project are not known. 12. Recreation: a—c Concur with checklist 13. Historic and Cultural Preservation: a-d Concur with checklist Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Flower Power— E17-0005 September 13, 2017 Page 4 14. Transportation: a S. 134 Place provides local access to the site. b-c Concur with checklist d Commercial development is typically required to make frontage improvements. The applicant has also stated that a new driveway would be created off 48 Avenue S., which is currently a residential local access street. The applicant has also reported that the turning radius on the west side of the T intersection of 48 Avenue S. and S. 134 Place is problematic as many commercial vehicle drivers hit the tree located in the corner. This is a non -project proposal. Any future project would meet City of Tukwila parking standards. e-f This is a non -project proposal and number of trips cannot be quantified at this time. g-h Concur with checklist 15. Public Services: a-b Concur with checklist 16. Utilities: a-b Concur with checklist C. Supplemental for NonProject Proposals 1. The change in zoning from low density residential to Commercial / Light Industrial would likely increase the number of vehicular trips and therefore emissions to air. 2. Concur with checklist. Future development projects could include site designs that strive to preserve significant vegetation and incorporate native plants into the site's landscape plan. 3. Concur with checklist 4. The location of the watercourse makes "no impact" impossible. The existing condition is very disturbed. Redevelopment of the site as a commercial or light industrial use would likely require administrative approval for a buffer reduction that automatically requires restoration work adjacent to the watercourse. The existing condition of a house built over the watercourse and within the floodplain of the watercourse would be improved if the existing home is demolished and the existing house location restored as a natural area for the watercourse. 5. The proposal could affect future land use in that other like properties would request a change in land use designation because of similar changed conditions. The redesignation/rezone of the site has the potential to justify the redesignation/rezone of other parcels in the vicinity or with similar environments. 6. Concur with checklist. 7. Concur with checklist, staff does not think that the proposed redesignation/rezone conflicts with local, state or federal laws for the protection of the environment. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwitaWA.gov Flower Power — E17-0005 September 13, 2017 Page 5 IV. Review of Endangered Species Act Screening Checklist Questions 1. -2. — To clarify, ESA listed species are within the Green/Duwamish Watershed. Part A. Question 1. — the name of the watershed should be Green/Duwamish watershed. Question 2. Southgate stream Questions 3.-4. Agree Question 5. There are no natural permanent barriers above the project area, agree on other sections. Question 6. Agree; however, Coho salmon, resident trout and other nonanadramous fish are potentially present per the City of Tukwila's 2013 Surface Water Comprehensive Plan. Part B — Project Specifics Part C — Project Specifics Water Quality Part D — Project Specifics: Flow Alteration and Fish Migration Part E — Project Specifies: Vegetation The above questions are not applicable. This request is a non -project action that does not involve construction. The request is for a change in the land use designation and zoning for the site. V. Public Comments Notice was sent to property owners and tenants within 500' of the site and agencies with jurisdiction. A Type 5 public meeting was held and two property owners attended. A residential property owner requested that no truck access be allowed on 48th Avenue S. The commercial light industrial property owner to the east expressed support for the property owners Map change request. No comments were received from the other agencies regarding the non -project proposal. VI. Conclusion The City Engineer has the authority and responsibility to direct traffic onto appropriate streets in the City. Chapter 11 of the Tukwila Municipal Code is enacted to regulate the use of the public right of way in the interest of public health, safety, and the protection of public infrastructure. In addition, the City Public Works Department must issue curb cut permits approving any new access points on City rights -of -way. Inappropriate and hazardous truck traffic on 48th Avenue S. can be regulated and preempted by only allowing a driveway onto S. 134th Place. The likelihood of threatened endangered species of plants or animals is remote but possible given the undisturbed character and size of this project area. Any development of the site will require additional analysis. This DNS is based on impacts identified within the environmental Phone: 206-433-1800 • Email: Mayor@TukwitaWA.gov • Website: TukwitaWA.gov Flower Power— E17-0005 September 13, 2017 Page 6 checklist, attachments, and the above "Final Staff Evaluation for Application No. E17-0002", and is supported by plans, policies, and regulations formally adopted by city of Tukwila for the exercise of substantive authority under SEPA to approve, condition, or deny proposed actions. The proposal can be found to not have a probable significant adverse impact on the environment and pursuant to WAC 197-11-340, a Determination of Nonsignificance (DNS) can be issued for this project. Prepared by: Moira Bradshaw, Senior Planner Date: September 13, 2017 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov / \ CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Ste 100 Tukwila, WA 98188 Telephone: (206) 431-3670 SEPA ENVIRONMENTAL REVIEW APPLICATION F FOR STAFF USE ONLY Permits Plus TYPE: P-SEPA Planner: O v___q 1 ' ` k41j 1� � File Number: Ly-4. 00,:-... Application Complete Date: Project File Number: R L(Q - ocKnz Application Incomplete Date: Other File Numbers: Li Co _ OO1Su NAME OF PROJECT/DEVELOPMENT: BRIEF DESCRIPTION OF SCOPE OF WORK: weV„ This application requires public notice. Please see section 7 of the application checklist. LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 134o'c '-- A -NJ S '� '� :,v t �.,� u)4 g ` S LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 2-C1Z20 — ooze DEVELOPMENT COORDINATOR/ PROJECT CONTACT: The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. PLEASE PRINT CLEARLY • REC' •'/ED JUN 15 2011 Name: Address: \per 401 6 CITY, ST, ZIP K :JV 1 L W . ,1 qe / 6 e Phone: E-mail:-CAA,L(, Owl. °C Cif-vt_, HAD, Signature: Date: z '��rnmun°}y Gee opine, .t 2v4 o cr 2' z f I s- I �- 740 6i O9 2$24 W:\APPLICATIONS-Land Use ADDS & Handouts \ CURRENT LAND TISPAPPTIC'ATTnnls\'FPA\cPnen.,;. o in.....,A...,'MAY A. ,,,. / r ` CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Ste 100, Tukwila, WA 98188 Telephone: (206) 431-3670 AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: I. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representati the right to enter upon Owner's real property, located at �'J4o� 4-06 1-tv 1-1,ut (�}.-- W A. -) 9iP (c for the purpose of application review, for the limited time necessary to complete that purpose. REC'' ;i/ED JUN 151011 Community Development 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at •1 `% Y-A,%Jt (city), (state), on later? (Print Name) 133- (Address) ZO.6 ,201 3 ` Ufa SOT 2cq a.2_ (Phone Number) KVI; (Signature) On this day personally appeared before me I On �Gl i c2 to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 1 L:) DAY OF Notary Public State of Washington NATALIE L SCHAEFER My Appointment Expires Oct 19, 2019 ,20 11 NOTA YPUB and fo the State of Washington residing at \ (` . 4I" rin.r't_. -7Z ti ff, tc, Lti� My Commission expires on W:\APPLICATIONS - Land Use Apes & Handouts\CURRENT LAND USE APPT TrATTfNS\VPP4 \'PPn A MAT A 7 G n , Cash Register; Receipt City of Tukwila DESCRIPTIONS ACCOUNT QUANTITY 1 PAID !, $1,922.91 ProjectTRAK E17-0005 Address: 13407 48TH AVE S Apn: 2613200028 $1,922.91 Credit Card Fee $56.01 Credit Card Fee R000.369.908.00.00 0.00 $56.01 SEPA $1,778.00 CHECKLIST R000.345.890.00.00 0.00 $1,778.00 TECHNOLOGY FEE $88.90 TECHNOLOGY FEE R000.322.900.04.00 0.00 $88.90 TOTAL FEES PAID BY RECEIPT: R11728 $1,922.91 Date Paid: Thursday, June 15, 2017 Paid By: MANEA ION Pay Method: CREDIT CARD 110441 Printed: Thursday, June 15, 2017 4:04 PM 1 of 1 7+ ' SYSTEMS °'ukwila ESA Screening Checklist Part A - PROJECT SPECIFICS: Project and Vicinity 1. Name of watershed: S.OuI 6;14e_ C �. 2. Name of nearest water body: \Ai 3. What is the distance from this project to the nearest body of water? J "%(2. COu f/-SA O131 "6t , 4. What is the current land use between the project and the potentially affected water body (parking lots, farmland, etc)? OPSAJ) / b 1 vU 5. Is the project above a: o Natural permanent barrier(waterfall) Yes No m Natural temporary barrier(beaver pond) Yes No ' ® Man-made barrier (culvert, dam) Yes No® © Other (explain): '0/3 Saatace uvaSitee "441 6. If answered Yes in #5, are there any resident salmonid populations above the blockage? Yes No \4 Don't know U PCSC AN. CD- ° A/L h eoo//t4o)') Are, 06 h$ a%l el/ n4--- 1:6)(11AkireS/- VD 01404(0d.5 6 of Tukwila ESA Screening Checklist Part B - Project Specifics: Grading and Land Alteration 1. Does the project involve grading or land alteration of any kind? Yes No ,k1/4,01:1'116 If your project DOES NOT involve grading please skip to Part C. 2. Will the project involve the modification of a watercourse bank between Ordinary High Water (OHW) and the top of the bank? If yes, which watercourse? This includes any grading on any slope leading to a river or stream, but does not require work below OHW. Yes No f 3. Will the project involve the modification of a watercourse bank or bottom below OHW? If yes, please explain. Yes No 4. Could the construction, operation, or maintenance of equipment for the project result in sediment transport off site or increased rates of erosion and/or sedimentation in watercourses? If no, please explain. • Most projects involving grading have the potential to result in increased erosion and/or sedimentation as a result of land • disturban e. Yes V No 5. If the project involves grading, have you prepared a Temporary Erosion and Sedimentation Control Plan? / Yes v No If no, are you exe�npt under TMC 16.54.90? Yes No VV 6. Will the project result in new impervious services? Include all hard surface are such as rooftops, asphalt or concrete paving, compacted surfaces, etc. Yes V No 7. What percent of the project will be impervious surface (including pavement & roof area)? C A't) Utz-*ov6 4,9 n + Z4 c M \ i-'-NI.. kot6 3c3S \t'\ice .NA ©u \--200to FISH MIGRATION TOTAL BARRIER STORMWATER FLOW 18 CONCRETE CULVETR APPROX. 24" WATER FALL HAZARDR Auto D EXISTING STORMWATER DUMP POOL APPROX. 100 SOFT EXIST \G SITUATIO 13407 48th AV S, TU UNDERGROUND PIPE INTAKE STORM DEBRIES BLOCKAGE CAUSE OF PROPERTY FLOODING EXISTING 18" CONCRETE UNDERGROUND PIPE BROKEN IN PLACES 'Ii <WILA, WA. 98168 RECFVED JUN152017 Community Development REAR (LDR ZONING) UNDERGROUND CONVEYANCE PIPE STORM DEBRIES BLOCKAGE OR BYPASS LEAKING AND ERROSION EXISTING 1 , t0 p r)17%,»rter Trill V :axiom f/ • UPPER OPEN CHANNEL APPROX. 277 SOFT 15 FT WATERCOURSE BUFFER SETBACK 100 FT WATERCOURSE BUFFER BOUNDRY EXISTING SITUATION 13407 48th AV S, TUKWILA, WA. 98168 EXISTING de' CONCRETE PAD EXISTING 18" CONCRETE EXISTING CULVERT GRAVEL DRIVEWAY __I ----- LOWER OPEN CHANNEL "" "'�� APPROX. 314 SOFT STORMWATER DICH TYPE II WATERCOURSE i NO TRAFFIC VISIBILITY EXISTING TREES 256 FT STREET ACCESS 134TH STREET (SIDE) CLI ZONING ACROSS THE STREET NOT TO SCALE (DETAILED ENGINEERING IN PROGRESS) NORTH z z 0 IV J 0 LJ 0 DOOSAL 13/10/ /8t NEW STREET ACCESS -AutoDWG DWG t L,J CC (J)(/) .U) W U) >0 O 1, (O Li__] (. r oi REAR C LDR ZONING) AV S, TJ KW LA, WA. 98168 NEW LANDSCAPING TALL TREES SOUND BARRIER NEW CONCRETE PAD 1. 2835 SOFT NEW BUILDING • a ENVELOPE P D F= [con ert&r Hai ' ersion i I PROPOSED BUILDING SPROUTS GROWING UPI,/ w� REC! V eD JUN 152 01 community Development BUFFER BOUNDRY 50% REDUCTION 256 FT STORMWATER ICH 134TH STREET (SIDE) TYPE II WATER OURSE STREET ACCESS CLI ZONING ACROSS THE STREET NOT TO SCALE (DETAILED ENGINEERING IN PROGRESS) L, L, 0 0 NORTH FISH MIGRATION TOTAL BARRIER STORMWATER FLOW 18" CONCRETE CULVETR APPROX. 24" WATER FALL PEDESTRIAN Ab HAZARD ut©DV�G, f— uJ uJ CC .( ) LLJ (j) >0 acc �Q DO J CC �Y Q z � O= � J EXIST \G SITUATIO\ 1 3/ 07 /i 8th AV S, TU UNDERGROUND PIPE INTAKE STORM DEBRIES BLOCKAGE CAUSE OF PROPERTY FLOODING EXISTING 18" CONCRETE UNDERGROUND PIPE BROKEN IN PLACES EXISTING STORMWATER DUMP POOL APPROX. 100 SOFT UPPER OPEN CHANNEL APPROX. 277 SOFT EXISTING TREES NO TRAFFIC VISIBILITY <WI LA, WA. 98168 RECTE.VED JUN 152017 Community Development REAR (LDR ZONING) UNDERGROUND CONVEYANCE PIPE STORM DEBRIES BLOCKAGE OR BYPASS LEAKING AND ERROSION EXISTING EXISTING CONCRETE PAD 15 FT WATERCOURSE BUFFER SETBACK 100 FT WATERCOURSE BUFFER BOUNDRY EXISTING SITUATION 13407 48th AV S, TUKWILA, WA. 98168 EXISTING 18" CONCRETE EXISTING CULVERT / GRAVEL DRIVEWAY ✓" LOWER OPEN CHANNEL APPROX. 314 SOFT 256 FT STREET ACCESS STORMWATER DICH TYPE II WATERCOURSE 134TH STREET (SIDE) CLI ZONING ACROSS THE STREET NOT TO SCALE (DETAILED ENGINEERING IN PROGRESS) 0 NORTH C SEPA Checklist STATE ENVIRONMENTAL POLICY ACT CHECKLIST Please respond to all questions. Use separate sheets as necessary. Department of Ecology provides a guidance on filling the SEPA checklist at DOE Environmental Checklist Guidance A. BACKGROUND 1. Name of proposed project, if applicable: 2. Name of Applicant: oo‘► Fes-- I 3. Date checklstprepared: 0i /I )- 4. Agency requesting checklist: City of Tukwila 5. Proposed timing or schedule (including phasing, if applicable): zol7 ogv a_,f M M -461/4J1 6. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. 0 AT 1 r14..— + ` 7kZ a ( , 7. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. 1'1.4-0470 ohK7 1R- p 1,o-t.i 8. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. �Th To V-0-1 G 0-49 k-1 -1 y Cadir,_) D t1 .r. SEPA Checklist 9. List any government approvals or permits that will be needed for yourproposal. 10. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those, answers on this page. • tea c v26-9 413 4PeN 00-t-40 e-- ©i ram-- AV L) k `V 6 - o v a All4b JC -? odo ke k 1 ,- .k . 1-1 T'f t K--rruoa43/4-fis C'{2 110 47111-C- 11 Location of the proposal. Give sufficient information for a person to understand the ��=0i0C precise location of your proposed project, including a street address, if any, the tax lot-Q}-etj number, and section, township, and range. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to thischecklist. 134n1- 42, 1.-v 6, Tu 14.- W , l 6cf 10 zGgzo 0d 28 tti N,o v Ty 12. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? Jam, - G ��i or 1 r SEPA Checklist B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: b. What is the steepest slope on the site (approximate percent slope)? c. What general types of soils are found on the site (for example, clay,sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland and whether the proposal results in removing any of these soils. s\Q(0 C:)-('140L9 £ «S E. ` b`f (L1 x . d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. i\l'� e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. SEPA Checklist f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt orbuildings)? I'D /0 h. Proposed measures to reduce or control erosion, or other impacts to the earthy if any: t , Wonesoft— ' -tki CotJTL !C,•)iLt G-- 2. 4 a. What types of emissions to the air would result from the proposal (for example, dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. foN b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. SEPA Checklist c. Proposed measures to reduce or control emissions or other impacts to air, if any: 344,446, OW0 . s-2, .. * -a- 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Ate -fit\ LI 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach availableplans. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. \JO L 4. Will the proposal require surface water withdrawals or diversions? Give general descrriipptiioon, purpose, and approximate quantities, ifknown. 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume ofdischarge. o b. Ground: 1. Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well? Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. 2: Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial; containing the following chemicals...; agricultural; etc). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve: 44 TA G —�C -'�•�\Z �.a i:1 "1..4 A -Ls SEPA Checklist SEPA Checklist c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow? Will this water flow into other waters? If so,describe. 1. ?1/4-Q1-01 kt, 0-349 AAJtuL ?eys 2 wAVL --c)%2(5-4io '1 mez, 4-diviTht vuA\r-zA, WA-Vtrit_ Coo 4-xrc,,,,_ 2. Could waste materials enter ground or surface waters? If so, generally describe. 3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? if so, describe. N 0 d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts if any: 10 e7st_. tsVXV10;-4 SEPA Checklist 4. Plants a. Check or circle types of vegetation _found on the site: D Deciduous tree: der, aple aspen, other 1') t! ^,1 1, Evergreen tre : fir ce ar, pine, other - �:U'. Shru r rats Pasture Crop or grain Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other W Water plants: water lily, eelgrass, milfoil, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? ••6 c. List threatened or endangered species known to be on or near thesite. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: 6 e. List all noxious weeds and invasive species known to be on or near the site. SEPA Checklist 5. Animals a. List any birds or animals which have been observed on or near the site or are known to be on or near the site: Birds: Hawk, heron, eagle, songbirds, other: Mammals: Deer, bear, elk, beaver, other: Fish: Bass, salmon, trout, herring, shellfish, other: Other: b. List any threatened or endangered species known to be on or near the site. c. Is the site part of a migration route? If so, explain. d. Proposed measures to preserve or enhance wildlife, ifany: e. List any invasive animal species known to be on or near the site: 6. Fn gy and aturo pit r-ces, a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used tomeet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. �, -� (ems (4`r- (� SEPA Checklist b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. 0 c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, ifany: t> 1/41..; ty 7. k' nvironmental ffealth a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. 11•1 0 I .Describe any known or possible contamination at the site from present or pastuses. ‘Q12) -L7 2. Describe existing hazardous chemicals/conditions that might affect project development anddesign. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. 3. Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. \t--Y Kok 0 SEPA Checklist 4. Describe special emergency services that might be required. IN) 0 N-1 5. Proposed measures to reduce or control environmental health hazards, if any: l•-b0 11S b. Noise 1. What types of noise exist in the area which may affect your project (fcr example: traffic, equipment, operation, other)? LC-— 1Q-A-) (.ezr-C_S t-iUtti, za(..-b (.) 0-AA Z<DiJi kJ6- 2. What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, constrixtion, operation, other)? Indicate what hours noise would come from thcsite. 1,-go n.) A-L.J 0( Si% . e-S 0 r- 3. Proposed measures to reduce or control noise impacts, ifany: a-Art-11-1 ke-30ter-e..-, lei-C---ri-1-1,0K]; L.CC947 V1AN SEPA Check:li; 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. We, CA b. Has the project sire been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? .Jo 1. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application off 1W pesticides, tilling, and harvesting? If so, how: O c. Describe any structures on the site. ict492 oY-z - ' G91A-t-13 d. Will any structures be demolished? Iffsso, �what? �LP ,f7 e 1 CC� SEPA Checklist e. What is the current zoning classification of the site? f. What is the current comprehensive plan designation of the site? g. If applicable, what is the current shoreline master program designation of the site? i h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. i. Approximately how many people would reside or work in the completedproject? 3 + [3 SEPA Checklist , j• Approximately how many people would the completed projectdisplace? \1o1JE--- �'� 5..c)P.P. 6 'Lou `To k. Proposed measures to avoid or reduce displacement impacts, ifany: 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: A-P-PC4 •PrAD 't E-/ 2-0)C.1 IV�. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, ifany: CO CO SEPA Checklist 9. Mousing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing? \ JQT Ari&Dt •Li 4—c, Uika b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. c. Proposed measures to reduce or control housing impacts, ifany: . G" -- Ort-1. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s)proposed? o b. What views in the immediate vicinity would be altered orobstructed? )5 Act,'\ c. Proposed measures to reduce or control aesthetic impacts, ifany: W u. C-o U rat. 7 taiv O t cub ' W 1TAk-/1/0)%.r--P__Ij \ $J'b r '(jo..,6 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? %) to, 'z � --Dise-Loourf b. Could light or glare from the finished project be a safety hazard or interfere with views? c. What existing off -site sources of light or glare may affect your proposal? \k.1 'L) d. Proposed measures to reduce or control light and glare impacts, ifany: ‘40wrc � �> SEPA Checklist . CCO SEPA Checklist 12. Recreation a. What designed and informal recreational opportunities are in the immediate vicinity? wi,~_ co-d ( 1)r ( i-- f=�� P-0- cuc, b. Would the proposed project displace any existing recreational uses? If so,describe. c. Proposed measures to reduce or control impacts on recreation, includingrecreation opportunities to be provided by the project or applicant, if any: Wo\s-vr__ \J 0t1 13. historic and Cultural Preservation a. Are there any buildings, structures, or sites located on or near the site that are over 45 years old listed in or eligible for listing in national, state or local preservation registers located on or near the site? if so, specifically describe. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation. This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. llu t L 1.� -gyp \l'i.o (3k1Q`1-c)0)rtea, 4 -Pc j4, orL "&s-0-449L) V( d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. o, � iUJG- SEPA Checklist , -F-pep--pep,, Q.40-KI A-1N> u c=fiAlrJ 14. Transportation 11 1;8 � 1 a. Identify public streets and highways serving the site or affected geographic area, and describe proposed access to the existing street system. Show on site plans, if any. CO SEPA Checklist b. Is the site or affected geographic area currently served by public transit? If not, what is the approximate distance to the nearest transit stop? aa-Q \-1.1 OJ T t --r...t) t (4- f --4) (at c. How many parking spaces would the completed project or non -project proposal have? How many would the project eliminate? "FA-Q-e--t n IS-i?,t aka - t,c,c__. d. Will the proposal require any new or improvements to existing roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. DJ cti� .-- f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? 2 LAG-+,_" ,eAz 1 — 4 `� i.l 4F- (0 7114 I's i _ SEPA Checklist . g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roadsor streets in the area? If so, generallydescribe. ( (I D s i‘Klo h. Proposed measures to reduce or control transportation impacts, if any: ' jZ —u =,may oD '0C) CAO \j V-o9 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. 0 b. Proposed measures to reduce or control direct impacts on public services, if any. 16. Utilities a. Cit 1e..iitilities currently available at • - e: natural gas other: W ?'7 efuse servic ne, septic fts- A Ki i? Ae \ 'o -1 b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. SEPA Checklist (NON -PROJECT PROPOSALS (E.G., SUBURBAN PLANS AND ZONING CODE TEXT CHANGES) MUST COMPLETE THE FOLLOWING PAGES). C. SUPPLEMENTAL SHEET FOR NON -PROJECT PROPOSALS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposals be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production ofnoise? 3 Proposed measures to avoid or reduce such increases are: tOr Rj11)41Wrs1Q1N1AA.- )‘"41'r— OK) (A/ 2. How would the proposal be likely to affect plants, animals, fish, or marinelife? 0 Proposed measures to protect or conserve plants, animals, fish, or marine life are: ' 'r-"7i-`'Z-01.3 I Q A 6-i -Osl 717-)rre,5 f(4,_) t ( ?9,t9 Kit1VG- oflat SEPA Checklist . 3. How would the proposal be likely to deplete energy or naturalresources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitats, historic or cultural sites, wetlands, floodplains, or primefarmlands? Ct Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existingplans? Jo Proposed measures to avgid or reduce shoreline and land use impacts are: SEPA Checklist 6. How would the proposal be likely to increase demands on transportation or public service and utilities? 0 Proposed measures to reduce orrrespond to such demand(s) are: f' 0 (A. ` C%a PSI-0Ae- i?-t' -T 7:7- " -.?ran N 7. Identify, if possible, whether the proposal may conflict with Local, State, or Federal laws or requirements for the protection of theenvironment. 4k-2, Lit W h. ‘4.1 U. D. SIGNATURE Under the penalty of perjury the above answers under ESA Screening Checklist and State Environmental Policy Act Checklist are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: 00i a3 City of Tukwila Endangered Species Act Screening Checklist Date: ©(A 1 I S/ 1 Applicant Name: 100 t14 — Street Address: \ 4o 40`l}1-AN) 5 City, State, Zip: Telephone: 6 Rio 61 2-4y cZ DIRECTIONS: This Screening Checklist has been designed to evaluate the potential for your project to result in adverse effects to salmonids - Chinook, Coho, Cutthroat trout or char - as defined by Section 9 of the Endangered Species Act (ESA). If potential effects are identified, the project may need further evaluation. Please review and answer each question carefully. Consider all phases of your project including, but not limited to, construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. To answer these questions, you may need to refer to site plans, grading and drainage plans, critical areas studies, or other documents you have prepared for your project. The City will evaluate your responses to determine if additional action is indicated. RECE VED JUN 15 2017 Community Development If ESA listed specifies are present or ever were present in the watershed where your project will be located, your project has the potential to affect them, and you need to comply with the ESA. The questions in this section will help determine if the ESA listings will impact your project. For more information on potential salmonid presence in your project area contact the Washington Department of Fish and Wildlife Habitat Biologist for your region, WDFW Conservation or use the SalmonScape tool http://apps.wdfw.wa.gov/salmonscape/ 1. Are ESA listed salmonids currently present in the watershed within which your project willbe located? Yes 4 No V Please describe. 2. Has there ever been an ESA listed salmonid stock present in this watershed? Yes No Uncertain V Please describe. 4 ` T5 4e4a-tA/rf41— If you answered "yes" to either of the above questions you should complete the remainder of this checklist. C� ukwila ESA Screening Checklist Part A - PROJECT SPECIFICS: Project and Vicinity 1. Name of watershed: i -ti''� . C 2. Name of nearest waterbody: `N 4- ' - � \2 3. What is the distance from this project to the nearest body of water? W A OOu (. O 3 4. What is the current land use between the project and the potentially affected water body (parking lots, farmland, etc)? 5. Is the project above a: • Natural permanent barrier(waterfall) Yes • Natural temporary barrier(beaver pond) Yes • Man-made barrier (culvert, dam) Yes • Other (explain): No No q/ No 6. If answered Yes in #5, are there any resident salmonid populations above the blockage? Yes No V Don't know V `No—C. Alebl of Tukwila ESA Screening Checklist Part B - Project Specifics: Grading and Land Alteration 1. Does the project involve grading or land alteration of any kind? Yes No If your project DOES NOT involve grading please skip to Part C. 2. Will the project involve the modification of a watercourse bank between Ordinary High Water (OHW) and the top of the bank? If yes, which watercourse? This includes any grading on any slope leading to a river or stream, but does not require work below OHW. Yes No V 3. Will the project involve the modification of a watercourse bank or bottom below OHW? If yes, please explain. Yes No 4. Could the construction, operation, or maintenance of equipment for the project result in sediment transport off site or increased rates of erosion and/or sedimentation in watercourses? If no, please explain. Most projects involving grading have the potential to result in increased erosion and/or sedimentation as a result of land disturban e. Yes V No 5. If the project involves grading, have you prepared a Temporary Erosion and Sedimentation Control Plan? / Yes V No If no, are you exempt under TMC 16.54.90? Yes No VV 6. Will the project result in new impervious services? Include all hard surface are such as rooftops, asphalt or concrete paving, compacted surfaces, etc. Yes V No 7. What percent of the project will be impervious surface (including pavement & roof area)? 0 (-to E-x. �- ,� WC- 1'14 4"9 a. # ' .; 24 <aki- #+ t O t- \VW-e.41Nk4OUS 0.e.- 38& -i VV.ocxcJ i \t'\ . A00 \-0 ho C CO"ulk-wila ESA Screening Checklist Part C — Project Specifics: Water Quality 1. Will the project generate stormwater from the creation of impervious surfaces that will not be infiltrated on site? Please explain. For the purpose of this analysis, infiltration includes the use of a stormwater treatment and management system intended to contain ll stormwater on site by allowing it to seep into the ground. Yes No 2. Will the project result in the processing or handling, storage, or treatment of hazardous substances? This does not include fuel properly stored in a vehicle fuel tank, but does include fuel or other chemicals stored on -site duringconstruction. Yes No 3. Will the project require long-term or re -occurring maintenance requiring the use of fertilizers, pesticides, or otherchemicals? This may include landscape maintenance, bridge or parking lot cleaning, ice removal/melt, repeated chemical vegetation clearing,etc. Yes No 4. Will turbidity be increased during construction or operation of the project? Please explain any measures to be taken to ensure turbidity is not increased. Construction near the water or below OHW often will increase turbidity, both on -site and downstream. Yes No V A(Lo �tif�a 444‘311 5. Will the project either reduce or increase shade along or over a water body? Removal of trees/vegetation or the building of over -water structures (docks or floats) will often result in a change to shade.` Yes v No 6. Will the project require debris removal from below OHW of a water course? Debris includes, but is not limited to, fallen trees, logs, shrubs, rocks, piles, riprap, submerged metal, broken concrete, pipes, or other construction material. Yes No 5 Part D — Project Specifics: 71ow Alterations and Fish Migration 1. Will the project involve the direct alteration of the channel or bed of a water course? This includes both temporary and permanent modifications. If yes, please explain. Yes No V of Tukwila ESA Screening Checklist 2. Will the project involve any physical alteration to a wetland which is connected to a water course? Few wetlands are iso ated, most contain either surface or subsurface connection to allowing water course. Yes No 3. Will water be rerouted, either temporarily or permanently as a result of the project? If yes, please explain. Yes No V. 4. Will a culvert be installed or removed as part of this project? Yes No 5. Will the project require withdrawal of surface water? If yes, please include amount and name or water body. Yes No V 6. Will the project result in the withdrawal, injection, or interception or groundwater? Examples of projects that might affect groundwater include, but are not limited to, construction of a new well, changes in withdrawal from an existing well, projects involving prolonged dewatering, installation of French drains, swales, or sewer lines. Projects that require a geotechnical report pursuant to TMC 18.45.060 should answer Yes. Yes No V 7. Will topography changes on the site affect the duration/direction of surface runoff flows? If yes, please describe change Yes No 8. Will the project include bank stabilization? If yes, explain. Bank stabilization includes, but is not limited to, riprap, rock, logs, soil, vegetated revetments, concrete structures, or similar. Yes No V 9. Will there be retention or detention ponds? If yes, will this be an infiltration pond or a surface discharge to either a municipal storm water system or a surface water body? Yes No 10. Will the project involve any reduction of the floodplain or floodway by filling or other partial blockage of flows? If yes, hoyv will the loss of flood storage be mitigated by your project? Yes No V 11. Will project include the construction of a new wetland or waterway that is connected by surface flow to an existing waterway that contains salmonids? Yes No V CO SEPA Checklist Part E — Project Specifics: Vegetation 1. Will the project involve the removal of any vegetation? If yes, please describe existing conditions and the amount and type of vegetation to be removed. Yes 'V No ett 2. Will the project involve the removal of any vegetation within 200 feet of O]HW of a water course? If yes, please describe type, size, method, and amount of vegetation to be removed. A tree is defined by TMC 18.06.845 as any self-supporting woody plant, generally characterized by one main trunk, with a potential diameter of 2inches or more at breast height and a minimum height of 10 feet. Yes \! No 16'1 A-b -tom Ve'ice- {2, 3. If ve Yes tion is to be removed, do you plan to mitigate by replanting? Please explain. No (t N °61,c)o N ' eNti' 41, 6 VJ AL co v -05k' end Aso texemills a .8 -- Question 1. Are ESA listed salmonids present in the watershed within which your project will be located. Answer: Not definitely Yes or No. There are not currently observed or documented presence of salmonids. Salmonids presence is presumed but there is strong evidence otherwise Please explain City of Tukwila manages storm -water conveying ditch system, referred in general as Southgate Creek. The subject property contains approx. 300 ft of storm -water drain (sometimes assumed and refer to as Southgate Creek tributary) that is classified as type II stream, a use - based classification is Salmonid Spawning/Rearing and Secondary Contact Recreation, because the Southgate Creek main water course discharges to the Duwamish River downstream of the confluence with the Black River. The Southgate Creek extends under SR 599 through about 320 feet of culvert, a fish ladder, and large arch culvert into the Duwamish River downstream of the Black River confluence. No water quality data is available for this Southgate Creek drainage basin. The storm -water drain collects the waters coming down from the hilts of Macadam Road and 1-5 . Between S 138th and S 136th Street, a small forested riparian wetland that provides base flow support, erosion control and water quality improvements that is beneficial habitat for songbirds, birds of pray, small mammals and amphibians. It enters the subject property trough a concrete discharge pipe piercing through 48th Av S embankment to fall approx. 3 ft into a ground pool. From there it further flows down on a brick ramp and into an underground conveyance concrete pipe. The water flows further downstream into a roadside drainage ditch located on the subject property edge along the S 134th PL Street. Due to large elevation drop and steep gradient, both concrete pipe and brick ramp are fish migration barriers. After flowing through several driveway culverts, at the end of S 134th Street and close to S 133rd Street, the water flows though a high -flow bypass structure into an underground piping network for final discharge into Duwamish River. The storm -water drain conveyance channel located on the subject property is badly eroded and it has poor quality riparian vegetation, invasive vegetation, narrow or non- existent buffers and eroded armored banks. Potential gravel spawning grounds are covered in sand, and pools for resting and feeding are filled with sediments. Since the shallow water and exposed to the sun for much of its canal length, the water heats to an unhealthy temperature for salmon. Without much native vegetation, fewer insects drop into the river to provide food. And periodic floods rush down the creek bed, wiping out spawning grounds and subjecting the fish to high levels of contaminants like phosphates, heavy metals and toxics. During heavy rains, a tremendous volume of turbid muddy water flow exceeds the capacity of the system and floods away the ground, conveyance ditch and inundates the house first floor. To alleviate peak flow flooding, a high -flow bypass (24" diameter underground pi C r VED system) was installed upstream of the intersection of 48th Av S and S 1,34th Street. JUN 15 2017 Community / Development Although the system has large water caring capacity, its water intake bottom is higher than the top of top of the concrete pipe discharging storm -water on the subject property. Also, the most frequently, the system intake is covered in part with mostly wood debris left over form previous high waters. As a result, the system kicks in only if full flow exceeds in the concrete pipe capacity and water backs up above the debris plugging up the high -flow bypass intake. Due to raised level, higher flower rates increase and causes high water velocity, erosion and transportation of gravel and soil from upstream to downstream. Basically, the high -flow bypass is working only to eventual protecting street flooding but not the downstream watercourse or the subject property; both located 10 ft bellow 48th Av S street level. As result sediments have been deposited, have reduced effective culvert conveyance capacities and covered up salmon spawning gravels. According to City of Tukwila 2013 Strom Water Comprehensive Plan, some rearing habitat (no spawning) is possible and only in some small sections along S 134th PL. Portions of the Southgate Creek main stream at the intersection of 44th Av S and S 131st Street are often completely blocked by sediment and debris. Although the fish ladder at the SR 599 culvert is a fish barrier during low stream flows, it is assumed that by the WDFW that Coho salmon are potentially present in Southgate Creek. One single juvenile salmon was observed in Southgate Creek more than 20 years ago and reported by a City of Tukwila employee. That was at the time when the main Southgate Creek was sustaining a health flow through hydraulically balanced riparian wetlands. That was before Nor-Med constructed a wetland that differs from the designed one and caused flow to slow down due to sediments deposited and cattails to grown directly within the fish channel itself. As a result, the water velocity becomes so low that the water could not flush through the wetland complex and often have been flooding of S 131st Street. That was before Southgate Creek was piped under S 133rd Street to connect an existing high -flow bypass structure (total fish barrier) initially installed to reduce flooding east of the S133rd Street/S134th PL intersection (caused from waters coming along S 134 PL Street). The intake structure of this high -flow bypass uses wood boards to set the final creek bypass level. When the boards are installed, low flows pass to the northwest along the creek drainage, while high flows are diverted from the main creek to mitigate flooding. The City has removed the boards to allow a greater amount of stream flow to be diverted and reduce flooding potential at the Nor-Med site. The result was increased sedimentation and increased frequency of backwater conditions in Southgate Creek main stream, requiring more water diversion though high - flow bypass under S133rd Street. The net result is further discharge of Southgate Creek main stream final discharge to into Duwamish River via a total fish barrier and underground piping system. Currently, even at low waters, Southgate Creek main stream waters are continuously back -flowing South underneath S 133rd Street. Back -flowing south towards high -flow bypass structure, is proof that its intake is at a lower elevation and therefore, at that point, the entirely flow of water (including waters coming downhill from 48th Av along S 134 PL Street). Furthermore, although it is 9 hydraulically connected o Southgate Creek, the entire water flow of the storm -water drain along S 134th PL Street is not discharging to Duwamish River via the main Southgate Creek through Nor-Med wetlands but directly trough the high-flow/total fish barrier /underground piping system. It is impossible that any fish will migrate upstream into storm -water drain located on the subject property via high -flow bypass piping/fish barrier structure (id50017) such that at the S 133rd Street/S 134 PL Street intersection. According to field survey engineering reports there is also a total fish barrier blocking the main Southgate Creek main flow at S 133rd St/E Marginal Way Culvert (id50021) due to steep gradient. Also, discharge pipe across 48th Av S and underground brick ramp are total fish barriers that will make impossible fish passage upstream of 48th Av S. In conclusion, upstream fish migration from Duwamish River into main Southgate Creek has only one option: through a very low water flow, impeded by cattail growing, and sediment overheated channel, and after negotiating two partial barriers/potential fish barrier (id 50013, 50013, 50014). However any fish journey ends at the steep gradient barrier of S 133rd St/E Marginal Way Culver (id 50021). Assuming, by absurd, that it will change its mind and swims downstream the across S 133rd Street; it could not reach across 48th Av S, due to two total fish barriers at the end of the subject property. Although as recent as 2011 juvenile salmon were observed in the section of the east Fork along S 131 st Place, they were reportedly released into the stream by a nearby homeowner. Despite good intentions, it is very unlikely that the small fish, not acclimated enough to find their way to Duwamish River through a severely disturbed watercourse on a dysfunctional wetland. It is obvious that at the present time, it is impossible for Duwamish River fish to migrate upstream and to spawn into Southgate Creek and without spawning, there is no fish stock to be reared. It is my opinion the although Southgate Creek discharge to Duwamish River, type II stream classification, fancy signs or buffer imposed restrictions alone are an exercise in futility and will not help Salmon run restoration. 3 Question: 2. Has there ever been an ESA listed salmonid stock present in this watershed? Answer: Uncertain Please describe: Although as recent as 2011 juvenile salmon were observed in the section of the east Fork along S 131 st Place, they were reportedly released into the stream by a nearby homeowner. Despite good intentions, it is very unlikely that the small fish, not acclimated enough to find their way to Duwamish River through a severely disturbed watercourse on a dysfunctional wetland. Please see detailed answer to question 1. City of Tu wit Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director Affidavit of Distribution Project Name: Flower Power USA Project Number: L16-0084 Associated File Number (s): E17-0005 Date Mailed: 10/4/17 Mailing requested by: Moira Bradshaw Mailer's signature: ❑ Board of Adjustment Agenda Packet ❑ Notice of Application for ❑ Board of Appeals Agenda Packet Shoreline Mgmt Permit ❑ Determination of Non -Significance 0 Notice of Decision ❑ Determination of Significance & ❑ Notice of Public Hearing Scoping Notice ❑ Notice of Public Meeting ❑ Mitigated Determination of Non- ❑ Official Notice Significance ❑ Other ❑ Notice of Action ❑ Shoreline Mgmt Permit ❑ Notice of Application ❑ Short Subdivision Agenda Parties of Record: Sent via email and mail to parties listed on NOD. Jaclyn Adams From: Jaclyn Adams Sent: Wednesday, October 4, 2017 9:15 AM To: Moira Bradshaw Subject: L16-0084 Notice of Decision - Flower Power USA Attachments: L16-0084 Notice of Decision.pdf Dear Interested Parties, Please find attached a Notice of Decision with attachments for permit L16-0084 or Flower Power USA Project. This project is a Comprehensive Plan and Zoning Map change from low density residential to commercial Tight industrial. Please contact project planner Moira Bradshaw with any questions at 206-431-3651 or by email at Moira.Bradshaw@TukwilaWA.gov. Jaclyn Adams Administrative Support Specialist) City of Tukwila 6300 Southcenter Bl, Suite 100 I Tukwila, WA 98188 T: 206-431-3670 IF: 206-431-3665 Jaclyn.Adams@TukwilaWA.gov I http://www.TukwilaWA.gov The city of opportunity, the community of choice 1 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director NOTICE OF DECISION October 3, 2017 TO: Ion Manea, Applicant & Owner, manion@seanet.com King County Assessor, Accounting Division Washington State Department of Ecology Department of Commerce David Vanderpol -13430 48 Place S.; Tukwila, WA 98168; dvanderpj@gmail.com Aaron Seelye - 13435 48 Avenue S.; Tukwila, WA 98168 Karen Jackstadt — 13715 Macadam Road S.; Tukwila, WA 98168; kjjackstadt@msn.com Eric Schweiger; ericmSeattle@comcast.net This letter serves as a notice of decision and is issued pursuant to the Notice of Decision section of the Tukwila Municipal Code (TMC 18.104.170) on the following project approval. I. PROJECT INFORMATION Project File Number: L16-0084 Applicant: Ion Manea Type of Decision Applied for: Comprehensive Plan and Zoning Code map changes Project Description: Map change from Low Density Residential (LDR) to Commercial Light Industrial (C/LI) Location: 13407 48 Avenue S. Associated Files: E17-0005 Existing Comprehensive Plan Designation/Zoning District: II. DECISION Low Density Residential SEPA Determination: The City SEPA Responsible Official has previously determined that the project, as proposed, does not create a probable significant environmental impact and issued a Determination of Non -Significance (DNS). Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Decision on Substantive Permit: The City Council has determined, following an open record hearing, that the application for a Comprehensive Plan and Zoning map change does comply with applicable City and state code requirements and has approved that application based on the findings and conclusions contained in the ordinances, subject to the condition that access and addressing for commercial light industrial uses shall be limited to S. 134`h Place. Within 30 days of passage of Ordinance 2552, the applicant shall record against the subject property a covenant or other document approved by the City requiring compliance with the stated condition. Failure to record such a covenant or other approved document and or failure to comply with the condition shall cause the change to the Comprehensive Plan and Zoning maps to be null and void and the subject property shall revert to the designation immediately preceding passage of the ordinance. The Decision on this Application is a Type 5 decision pursuant to TMC § 18.104.010. III. YOUR APPEAL RIGHTS No administrative appeal of the City Council Decision is permitted. Any party wishing to challenge the City Council Decision must file an appeal in King County Superior Court pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging the DNS may be included in such an appeal. If no appeal of the City Council decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. IV. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Moira Bradshaw, who may be contacted at 206-431-3670 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. c�2 Dep ; - of Community Development City ukwila Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov � 1 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director Affidavit of Distribution Project Name: FLOWER POWER USA Project Number: L16-0084 Associated File Number (s): E17-0005 Date Mailed: 6/29/17 Mailing requested by: Moira Bradshaw Mailer's signature: ❑ Board of Adjustment Agenda Packet ❑ Board of Appeals Agenda Packet ❑ Determination of Non -Significance ❑ Determination of Significance & Scoping Notice ❑ Mitigated Determination of Non - Significance ❑ Notice of Action ® Notice of Application Parties of Record: ❑ Notice of Application for Shoreline Mgmt Permit ❑ Notice of Decision ❑ Notice of Public Hearing ❑ Notice of Public Meeting ❑ Official Notice ❑ Other: ❑ Shoreline Mgmt Permit ❑ Short Subdivision Agenda City of Tukwila Notice Of Application June 29, 2017 Project Name: Flower Power USA Request: Rezone from Low Density Residential (LDR) to Commercial Light Industrial (CLI) You are invited to a Public Meeting to find out more about the project. Your questions and com- ments on the project are requested. Meet the appli- cant. When: Monday July 17, 2017 Time: 5:00-6:00 p.m. Where: Tukwila Community Center Classroom A 12424 42 Avenue S.; Tukwila, WA 98168 Applicant & Property Owner: Ion Manea File #: PL16-0063 Location: 13407 48th Avenue S. Your written comments on the project are requested and can be delivered to: Project Planner: Moira Bradshaw at 206-431-3651; Moira.bradshaw@Tukwilawa.gov; or Department of Community Development (DCD,) 6300 Southcenter Blvd, Suite 100;Tukwila, WA 98188 Comments must be received by 5:00 p.m. on July 20, 2017. You may view the application, request a copy of any decision, comment on the project, and learn your appeal rights by contacting the project planner listed above, or by visiting our offices: Monday through Friday, 8:30am to 5:00 pm DCD, 6300 Southcenter Blvd, Suite 100. City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director You are receiving this notice because you are a property owner or tenant within 500ft of this project ADDR NAME Tukwila Community Member ROBINSON JULIANNA LUCRETIA MANEA ION Tukwila Community Member ADDR-00538 Tukwila Community Member ADDR-00529 Tukwila Community Member JOHNSON JEFFREY K JR CRUZ BOBBY X+GABINA V PAK SOVANNA MUNOZ CESAR ECKENRODE JEFFREY W VANDERPOL DAVID K BRADSWAW KAREN ADDR-00535 Tukwila Community Member SEELYE AARON R+JAIME LALONDE BLAINE G+MARRYANN A FAUCONNIER PALMER R+MARY E ADDR-00543 Tukwila Community Member NGUYEN HIEP SPRUILL LEON K FISHER ANTOINETTE L SIMPSON CHARLES E III+TASOL HO HON T ADDR-12964 Tukwila Community Member CHU DARYL AMORASIN VAN+INNISONG FABRE JUANITA PEN MOHAMMAD I THOMASELLI ZACHARY DO HOANG DOMAN JACQUELINE LAURA SMITH LASEAN T NGUYEN ANTONY H+PHAM TRANG CARY LANG CONSTRUCTION INC SCHWEIGER ERIC M STALLINGS PARINDA CPSRTA (SOUND TRANSIT) ADDR-05407 Tukwila Community Member RICHARDSON CANDICE ADDR-05410 Tukwila Community Member STREET 13404 48TH AVE S 13406 48TH AVE SW 13407 48TH AVE S 13408 48TH AVE S 13410 48TH AVE S 13415 48TH AVE S 13416 48TH AVE 5 13417 48TH AVE S 13419 48TH AVE S 13421 48TH AVE S 13423 48TH AVE S 13430 48TH PL S 13432 48TH PL S 13433 48TH AVE S 13435 48TH AVE S 13436 48TH PL 5 13437 48TH AVE S 13442 48TH PL S 13443 48TH PL S 13445 48TH PL S 13455 48TH AV S 13515 MACADAM RD S 13521 MACADAM RD S 13534 MACADAM RD S 100 13534 MACADAM RD 13542 MACADAM RD S 13546 MACADAM RD S 13552 MACADAM RD S 13561 MACADAM RD S 13604 MACADAM RD S 1600E SW DASH POINT RD #269 227 BELLEVUE WAY #454 28 157TH AVE SE 29815 24TH AVE SW 29850 148TH AVE SE 3419 S 203RD ST 401 S JACKSON ST 4501 5 134TH PL 4526 S 136TH ST 4550 S 134TH PL 101 NA TUKWILA SEATTLE WA TUKWILA WA TUKWILA TUKWILA TUKWILA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWI LA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILLA WA SEATTLE WA FEDERAL WAY WA BELLEVUE WA BELLEVUE WA FEDERAL WAY WA KENT WA SEATAC WA SEATTLE WA TUKWILA TUKWILA WA TUKWILA NA WA WA WA WA WA WA WA WA WA CITY/STATE TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILLA WA SEATTLE WA FEDERAL WAY WA BELLEVUE WA BELLEVUE WA FEDERAL WAY WA KENT WA SEATAC WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA ZIPCODE 98168 NA 98168 NA 98168 NA 98168 NA 98168 NA 98168 ACTIVE-ML 98168 ACTIVE-ML 98168 NA 98168 NA 98168 NA 98168 NA 98168 NA 98168 ACTIVE-ML 98168 NA 98168 NA 98168 NA 98168 NA 98168 NA 98168 ACTIVE-ML 98168 NA 98168 NA 98168 NA 98168 ACTIVE-ML 98168 ACTIVE-ML 98168 ACTIVE-ML 98168 ACTIVE-ML 98168 NA 98168 ACTIVE-ML 98168 NA 98168 NA 98023 ACTIVE-ML 98004 ACTIVE-ML 98008 NA 98023 NA 98042 ACTIVE-ML 98198 NA 98104 NA 98168 NA 98168 NA 98168 NA ADDR-05411 Tukwila Community Member KEELER PROPERTIES LLC BC & G LLC ADDR-05420 Tukwila Community Member ADDR-05421 Tukwila Community Member ADDR-05423 Tukwila Community Member ADDR-05424 Tukwila Community Member ARION PARTNERS LLC ADDR-05427 Tukwila Community Member ADDR-05429 Tukwila Community Member ADDR-05431 Tukwila Community Member ALEJANDRE SILIVIA ELDRIDGE KENNETH P GILLIES TANYA Tukwila Community Member KING COUNTY -PROPERTY SVCS PACIFIC NW IRONWORKERS&EMPL JOLLY JAMES SMITH COURT LLC PACIFIC NW IRONWORKERS 4550 5 134TH PL 104 4585 S 134TH PL 4600 S 134TH PL 4601 S 134TH PL 4611 S 134TH PL 4611 S 134TH PL 200 4611 S 134TH PL 240 4611 S 134TH PL STE 100 4625 S 134TH PL 4650 S 134TH PL 4712 S 134TH PL 4820 S 136TH ST 4821 S 136TH ST 4834 S 136TH ST 4842 S 136TH ST 500 4TH AVE 701 FIFTH AVE STE 2200 714 GRANT AVE S PO BOX 146 PO BOX 33030 TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA SEATTLE WA SEATTLE WA SEATTLE WA RENTON WA RENTON WA RENTON WA RENTON WA PORTLAND OR PORTLAND OR 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98104 98104 98057 98057 97292 NA ACTIVE-ML NA NA NA ACTIVE-ML NA NA NA NA NA NA NA NA NA NA NA ACTIVE-ML NA NA CITY OF TUKWILA NOTICE OF APPLICATION June 29, 2017 PROJECT INFORMATION The request: Change the designation of one parcel, totaling 28,270 square feet, from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI.) Ion Manea, the property owner, has applied for the change to the Comprehensive Plan Land Use and the Zoning Code maps. Location of requested change: 13407 48TH Avenue S. Tukwila, WA 98168 Parcel number: 2613200028 Approvals applied for: L16-0084 Comprehensive Plan Land Use and Zoning Code Map Change; E17-0005 SEPA Decision Other known required permits include: None at this time Studies required with the applications include: SEPA environmental checklist FILES AVAILABLE FOR PUBLIC REVIEW The application is available for review at the City of Tukwila, Department of Community Development (DCD), located at 6300 Southcenter Blvd #100; Tukwila, WA 98188 from 8:30 - 5:00, Monday -Friday. OPPORTUNITY FOR PUBLIC COMMENT Your written comments on the project are requested. Comments must be delivered to DCD at the address above or postmarked no later than 5:00 P.M. July 20, 2017. You may also email written comments to the project planner: Moira. Bradshaw(atu kwi lawa.gov; Attend a public meeting - meet the applicant and discuss the project with staff: When: Monday July 17, 2017 5-6 p.m. Where: Tukwila Community Center - Classroom A 12424 42 Avenue S. APPEALS You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431-3670. For further information on this proposal, contact the project planner: Moira Bradshaw at (206) 431-3651, Moira.bradshaw@tukwilawa.gov or visit the Tukwila DCD offices at 6300 Southcenter Boulevard, Suite #100, Tukwila, WA 98188 Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: Notice of Completeness Issued: Notice of Application Issued: December 30, 2016 June 22, 2017 June 29, 2017 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director You are receiving this notice because you are a property owner or tenant within 500ft of this project City of Tukwila Notice Of Application June 29, 2017 Project Name: Flower Power USA Request: Rezone from Low Density Residential (LDR) to Commercial Light Industrial (CLI) You are invited to a Public Meeting to find out more about the project. Your questions and com- ments on the project are requested. Meet the appli- cant. When: Monday July 17, 2017 Time: 5:00-6:00 p.m. Where: Tukwila Community Center Classroom A 12424 42 Avenue S.; Tukwila, WA 98168 Applicant & Property Owner: Ion Manea File #: PL16-0063 Location: 13407 48th Avenue S. Your written comments on the project are requested and can be delivered to: Project Planner: Moira Bradshaw at 206-431-3651; Moira.bradshaw@Tukwilawa.gov; or Department of Community Development (DCD,) 6300 Southcenter Blvd, Suite 100;Tukwila, WA 98188 Comments must be received by 5:00 p.m. on July 20, 2017. You may view the application, request a copy of any decision, comment on the project, and learn your appeal rights by contacting the project planner listed above, or by visiting our offices: Monday through Friday, 8:30am to 5:00 pm DCD, 6300 Southcenter Blvd, Suite 100.