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HomeMy WebLinkAboutOrd 2744 - Rezone 6250 S 151st St to Medium Density Residential (Schneider Homes)Ci of Tukwila Washington Ordinance No, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 6250 S. 151ST STREET, TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long-term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, as part of the City's 2022-2023 Comprehensive Plan docket of potential amendments, the City received an application for consideration of a change to the Comprehensive Land Use and Zoning Maps for the property located at 6250 S. 151st Street (the "Property"); and WHEREAS, the zoning of the Property is currently Low Density Residential; and WHEREAS, the Applicant seeks to rezone the entirety of the Property to Medium Density Residential; and WHEREAS, on January 31, 2023, the City mailed a Notice of Application to the surrounding property owners and tenants, and on February 15, 2023, held the required public meeting regarding the proposed rezone and change to the Zoning Map (Exhibit A); and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act by making a determination on June 15, 2023 that no significant environmental impact would occur as a result of the Zoning Map change; and WHEREAS, notice of the public hearing was timely published in "The Seattle Times," posted onsite, and mailed to surrounding properties; and 2024 Legislation: Remand Hearing Rezone 6250 S 151st Version: 1018/24 Staff: B. Jager Page 1 of 3 WHEREAS, on November 6, 2023, the City Council held a public hearing on the application and, after receiving and studying staff analysis and comments from the public, passed a motion by a vote of 6-1 to deny the application to rezone the entirety of the Property to Medium Density Residential; and WHEREAS, on November 20, 2023, the City Council adopted Resolution No. 2083, confirming the denial of the application to rezone the Property; and WHEREAS, after the City Council denied the application, the Applicant filed a timely appeal of the denial to King County Superior Court; and WHEREAS, on August 12, 2024, the King County Superior Court issued an order remanding the rezone application back to City Council to reconsider the merits of the application under Tukwila Municipal Code (TMC) Section 18.84.020(4), and further ordered the City Council to hold another open record hearing regarding the rezone's consistency with TMC Section 18.84.020(4), deliberate thereafter, and issue a new decision based on the substantial evidence in the record (Exhibit D); and WHEREAS, after due consideration, the City Council 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. The Property is located at 6250 S. 151st Street, Tukwila, Washington. The site is further identified as King County tax parcel 3597000400, as legally described and shown in the attached Exhibit C. The site is hereby approved to be rezoned from Low Density Residential to Medium Density Residential across the entire parcel, as shown in the attached Exhibit A and incorporated by this reference as if fully set forth herein. Section 3. Map Amendment Authorized. The Department of Community Development Director, or their designee, is hereby authorized to amend the City's official Zoning Map to show the zoning change as authorized in Section 2 of this ordinance. Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 2024 Legislation: Remand Hearing Rezone 6250 $ 151st Version: 10/8124 Staff: B. Jager Page 2 of 3 a Regular Meeting thereof this day of ATTEST/AUTO 'NT TED: c Section 5.Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, a C1 2024. Andy Youn, CMC, City Clerk Thor? as McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: hilt Passed by the City Council - Published: Effective Date: Ordinance Number: Office of the City Attorney Attachments: Exhibit A — Addendum to Staff Report and exhibits thereto (Findings and Conclusions), dated October 21, 2024 Exhibit B = Original Staff Report and exhibits thereto (Findings and Conclusions), dated November 6, 2023 Exhibit C - King County Superior Court Land Use Petition Order 2024 Legislation: Remand Hearing Rezone 6250 S 151st Version: 10/8/24 Staff: B. Jager Page 3 of 3 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2738 - 2744. On October 21, 2024, the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2738: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2293 §13 AND 2676 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 8.22.120; AMENDING ORDINANCE NO. 2547 §12, AS CODIFIED AT TMC SECTION 8.45.070; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2739: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO, 2171 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 16,04,040; AMENDING ORDINANCE NOS. 2171 §1 (PART), 2648 §4, 2673 §1, AND 2702 §4, AS CODIFIED AT TMC SECTION 16,04,250; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES AND REFLECT CHANGES IN STATE LAW, PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE, Ordinance 2740: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 17, "SUBDIVISIONS AND PLATS"; REENACTING TITLE 17; TO REMOVE AMBIGUITIES, IMPROVE CLARITY CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2741: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "401\IING", REENACTING TITLE 18; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SERVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2742: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE"; REENACTING TITLE 19; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2743: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, VVASHINGTON, AMENDING ORDINANCE NOS 1331 §19, 1344 §10, 1770 §84, AND 2374 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 21.04.210; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2744: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 6250 S. 151ST STREET, TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Andy Youn, Records Governance Manager/City Clerk Published Seattle Times: October 24, 2024