HomeMy WebLinkAboutOrd 2184 - Rezone 14427 51st Avenue South to Low Density Residential (LDR)City of Tukwila
Washington
Ordinance No. 2184
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY
LOCATED AT 14427 51ST AVENUE SOUTH IN TUKWILA, FROM
REGIONAL COMMERCIAL CENTER (RCC) TO LOW DENSITY
RESIDENTIAL (LDR); SETTING CONDITIONS FOR THE PROPERTY
OWNER REGARDING THE REZONE; AMENDING THE CITY'S
OFFICIAL ZONING MAP; 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, which may be
reviewed and updated as appropriate; and
WHEREAS, property owner John Muth has applied for a rezone of certain real
property located at 14427 51st Avenue South in Tukwila; and
WHEREAS, the City of Tukwila Planning Commission held a Public Hearing on
March 22, 2007 and, after having received and studied staff analysis and comments
from the public, recommended approval of the rezone application with conditions, and
made and entered Findings and Conclusions thereon in support of that
recommendation; and
WHEREAS, notices of Public Hearings were published in The Seattle Times, posted
on site, and mailed to surrounding properties; and
WHEREAS, Tukwila City staff held an informational meeting on November 29,
2007; and
and
WHEREAS, the Tukwila City Council held a Public Hearing on December 3, 2007;
WHEREAS, the City Council concurs with the Findings and Conclusions of the
Planning Commission, and has determined that the public interest will be served by
approving the rezone application with conditions; and
WHEREAS, the ability to construct additional housing will provide more
residential opportunities in Tukwila, and will help to strengthen its neighborhoods; and
WHEREAS, this rezone request meets the criteria for granting zoning map
reclassifications set forth in Tukwila Municipal Code 18.84.020 and 18.84.030; and
WHEREAS, the City has complied with the requirements of the State
Environmental Policy Act;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council hereby adopts the Findings and Conclusions of the
Tukwila Planning Commission, attached hereto as Exhibit 1, and incorporated by this
reference as if fully set forth herein.
Section 2. The property located at 14427 51st Avenue South in Tukwila, including
a portion of Tax Parcel #0040000520 as shown on the map attached hereto as Exhibit 2,
is hereby approved to be rezoned from "Regional Commercial Center" (RCC) to "Low
Density Residential" (LDR).
Section 3. The rezone approved in Section 2 above is conditioned upon the
property owner submitting an application for a Boundary Line Adjustment to the City
of Tukwila within 90 days of the effective date of this ordinance.
Section 4. In the event the property owner fails to submit an application for a
Boundary Line Adjustment within 90 days of the effective date of this ordinance, this
rezone ordinance shall be subject to repeal.
Section 5. The Department of Community Development Director or his designee is
hereby directed to amend the City's official zoning map to show this change in zoning.
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 3RD DAY OF DECEMBER, 2007.
ATTEST/ AUTHENTICATED:
Steven M. Mullet, Mayor
JANE E. Cantu, CMC, City Clerk
APPROVED A
OR BY:
Filed with the City Clerk: -(7
Passed by the City Council: 1 `D._.. C?
Published: %.-V- 6 t 7
Effective Date: a C> 7
Ordinance Number: J/ fS'v
Attachment: Exhibit 1- Planning Commission Staff Report, March 15, 2007,
Findings and Conclusions
Exhibit 2- Map: Bonsai NW RCC to LDR
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BACKGROUND:
Proiect History
Vicinity /Site Information
Exhibit 1
Planning Commission Staff Report
March 15, 2007
FINDINGS AND CONCLUSIONS
The applicant John Muth proposes to amend the Comprehensive Plan (Attachment A) and Zoning
map (Attachment B) to redesignate a part of his property at 14427 51 Avenue South, Tukwila from
Regional Commercial Center (RCC) to Low Density Residential (LDR) (Attachment C).
On March 5, 2007, the City Council held a public meeting on this proposal and referred it to the
Planning Commission for a hearing and recommendation.
The applicant proposes to redesignate approximately .63 acres of a 1.35 acre property from
Residential Commercial Center (RCC) to Low Density Residential (LDR) at 14427 51 Avenue
South. The site is part of the Bonsai Northwest nursery operation, and is immediately south of
the Bonsai Northwest retail store. It contains a large plastic greenhouse in the northeast portion
of the property closest to the Bonsai Northwest business. The rest of the property is vacant.
The Citrus Longhorned Beetle quarantine was recently lifted in the area.
The Sensitive Areas Overlay shows that approximately 40% of the entire site is located within a
Class 2 area of potential geologic instability. (Attachment D— Sensitive Areas Map) Class 2
areas are those where "landslide potential is moderate, which include areas sloping between 15
and 40 percent and which are underlain by relatively permeable soils." Geotechnical review was
not prepared for this application since the requested designation is less intensive than the current
designation (i.e. downzone). A geotechnical study will show what portion of the area proposed
for Comprehensive Plan/Zoning Map change includes environmentally sensitive steep slopes.
(Attachment E) Geotechnical studies will be required for any future development, including a
short plat.
The applicant proposes to connect future residential development directly to 51 Avenue South and
to the adjacent South 146 Street cul -de -sac via an existing easement with adjacent property
owners.
Surrounding Uses
Land uses immediately adjacent to the portion of the site are:
North Bonsai Northwest retail nursery
South Single family homes
East— Office /commercial, roadway,
West— Single family homes
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Land uses between 500 and 1,000 feet from the site include the following:
North —S. 144
South Single- family residential
East —I -5 freeway, Sound Transit light rail
West— Single family residential
File L06 -096 ZONING MAP AMENDMENT/REZONE
REZONE CRITERIA:
1. The proposed amendment to the zoning map is consistent with the goals, objectives
and policies of the Comprehensive Plan
Per the discussion of Comprehensive Plan Criteria (above), providing housing and strengthening
neighborhoods is an important goal of the Comprehensive Plan. The proposed rezone /Zoning
Map change from Residential Commercial Center (RCC) to Low Density Residential (LDR) is
consistent with this goal and accompanying policies.
2. The proposed amendment to the Zoning Map is consistent with the scope and
purpose of this title and the description and purpose of the zone classification
applied for.
Per TMC 18.10.010 Purpose, the Low Density Residential (LDR) district is "...intended to
provide low density family residential areas together with a full range or urban infrastructure
services in order to maintain stable residential neighborhoods, and to prevent intrusions by
incompatible land uses."
The proposed rezone from Residential Commercial Center (RCC) to Low Density Residential
(LDR) would fulfill this purpose by allowing single family, detached housing to be built.
3. There are changed conditions since the previous zoning became effective to warrant
the proposed amendment to the Zoning Map
Since the site was zoned RCC in 1995, the neighborhood near the property has become more
residential in nature. A cul -de -sac allowing residential access has been constructed on S. 146
Utilities are now also available, and residences have been built adjacent to the site.
4. The proposed amendment to the Zoning Map will be in the interest of furtherance
of the public health, safety, comfort, convenience and general welfare, and will not
adversely affect the surrounding neighborhoods, nor be injurious to other
properties in the vicinity in which the subject property is located
Downzoning from a more intensive, commercial zone (Residential Commercial Center —RCC)
to a less intensive residential zone (Low Density Residential —LDR), would benefit the
surrounding neighborhood. Removing vacant commercial property from a residential
neighborhood reduces potentially adverse impacts on the adjacent properties, and constructing
housing would enhance the overall residential feel of the area.
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CONCLUSIONS
1) The proposed change is consistent with the Comprehensive Plan goal of providing housing
and improving neighborhoods;
2) The rezone is consistent with the purpose of the Low Density Residential (LDR) district.
3) Changed conditions, including recently- constructed residences and available access and
utilities, warrant the change.
4) Impacts of future housing development are potentially less than the impacts of future
commercial development that is presently allowed on the site, and would be beneficial to the
area.
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EXHIBIT 2
BONSAI NORTHWEST
RCC TO LDR
L06-095 AND L06-094
PLAT MAP
SUMMARY OF ORDINANCE
No. 2184
City of Tukwila, Washington
On December 3, 2007, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2184, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 14427 51
AVENUE SOUTH IN TUKWILA, FROM REGIONAL COMMERCIAL CENTER (RCC)
TO LOW- DENSITY RESIDENTIAL (LDR); SETTING CONDITIONS FOR THE
PROPERTY OWNER REGARDING THE REZONE; AMENDING THE CITY'S
OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Regular Meeting on December 3, 2007.
1arje E. Cantu, CMC, City Clerk
Published Seattle Times: December 6, 2007