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HomeMy WebLinkAboutPermit 90-18-SPE - JOHNSON DALE - NORTH HILL OFFICE BUILDING SENSITIVE AREA WAIVER90-18-SPE 5900 SOUTHCENTER BLVD NORTH HILL OFFICE BUILDING WAIVER TO CRITICAL SENSITIVE AREA MORATORIUM ORDINANCE June 18, 1990 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS CONSENT AGENDA PUBLIC HEARINGS Six Year Transportation Improvement Program (TIP) Critical Area Sensitive Area Waiver to Ord. #1550 - (Moratorium) - Linardic Design Group (North Hills Office Complex) TUIKWILA CITY COUNCIL Regular Meeting MINUTES Mayor VanDusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE H. DUFFLE; JOAN HERNANDEZ, Council President; CLARENCE MORIWAKI; ALLAN EKBERG, STEVE LAWRENCE, JOHN RANTS. MOVED BY DUFFLE, SECONDED BY RANTS THAT COUNCILMEMBER ROBERTSON BE EXCUSED. MOTION CARRIED. LARRY HARD, City Attorney; RICK BEELER, Director, Office of Community Development; JOHN McFARLAND, City Administrator; KEITH HAINES, Tukwila Police Department, RON WALDNER, Chief of Police. a . b. Tukwila City Hall Council Chambers Approval of Minutes: -- Regular Meeting 5/21/90, 6/4/90 Approval of Vouchers General Fund $79,957.25 City Street 36,916.70 Arterial Street 66,669.05 Land Acq.,Building, Dev. 103,405.42 Water Fund 10,013.43 Sewer Fund 71,484.58 Water /Sewer Construction 238,806.69 Foster Golf Course 4,416.62 Surface Water (412) 2,153.42 Equipment Rental 32,994.96 Firemen's Pension 574.53 TOTAL $647,392.65 MOVED BY DUFFLE, SECONDED BY HERNANDEZ, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. Mayor VanDusen opened the public hearing on the Six Year Transportation Program at 7:06 p.m. John McFarland explained that as required by law, the six year TIP must be passed annually. Once passed, we are eligible for external funding. The proposed list of projects has been presented to the Transportation Committee; they have provided their review and prioritization. There being no further comments on the issue, the hearing was closed at 7:10 p.m. This item will be discussed further by the Transportation Committee and forwarded to a regular meeting for final adoption. The hearing of the Linardic Design Group was opened at 7:10 p.m. Rick Beeler Director of the Department of Community Development, gave a brief overview of the waiver request. The North Hills office complex building at 5900 Southcenter Boulevard is now under design review, environmental and building permit reviews. The applicant submitted his applications for construction of the building, environmental review and board of architectural review prior to the moratorium going into effect. He is vested and is able to pursue construction of his building without needing a waiver. The waiver request under consideration affects the use of the property. The applicant is not vested in the use of the property and would like a waiver in order to submit an application for a rezone and a comprehensive plan amendment to up -zone the property to C -1 in order to put commercial uses in his building. Minutes - Regular Meeting June 18, 1990 Page 2 Public Hearings (con't) Linardic Design Group NEW BUSINESS Ord. #1573 Amending the TMC - Relating to Panoram Device Establish- ments Ord. #1574 - Annexing the Cascade View Area The granting of a waiver would allow the applicant to proceed with his application for a rezone. If the waiver is not granted, the applicant will pursue the office tenants that are vested under the existing zoning. Mayor VanDusen clarified that this request is not for a waiver of the rezone itself, but a request to apply for the rezone. MOVED BY RANTS, SECONDED BY LAWRENCE, TO GRANT THE WAIVER TO ALLOW THE APPLICANT TO PROCEED WITH THE PROCESSING OF THE REZONE AND COMPREHENSIVE PLAN AMENDMENT.* Councilmember Moriwaki asked if the applicant's intent was to have a larger building than originally planned. Mr. Ed Linardic, project engineer, responded that the building being constructed is the same size. He clarified that the building he is constructing can be used as CM purposes or PO purposes. *MOTION CARRIED WITH DUFFIE VOTING NO. WAIVER IS GRANTED. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Hard read an Ordinance of the City of Tukwila, Washington, amending Tukwila Municipal Code Sections 5.52.110 and 5.52.130 relating to panoram device establishments, containing a severability clause, and providing for an effective date. MOVED BY RANTS, SECONDED BY DUFFLE THAT ORDINANCE NO. 1573 BE ADOPTED AS READ.* Councilmember Ekberg inquired how the police department would enforce this ordinance. Cluef Ron Waldner and Sergeant Keith Haines presented testimony regarding a variety of enforcement issues dealing with the existing ordinance. Chief Waldner replied that the new ordinance would be enforced the same way the police are currently enforcing the existing statute. The current ordinance calls for partial doorways. The department has had recent success in court in bringing business into compliance because we've developed some recent litigation. The suggestion for no doorways in the panoram booths falls within some enforced legislation in other. communities. Failure to comply will take us back into court and/or criminal penalties as the ordinance allows. *MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION Attorney Hard read an Ordinance of the City of Tukwila, Washington, annexing certain real property commonly known as the Cascade View annexation area, adopting zomng. land use regulations for the annexed area, providing that said annexed area shall not be required to assume any share of the City's existing indebtedness, and establishing an effective date. EFFECT OF THE MORATORIUM: PROPOSAL DESCRIPTION: STAFF REPORT TO THE CITY COUNCIL PETITIONER: North Hill Office Building PROPERTY LOCATION: 5400 Southcenter Boulevard, Tukwila The petitioner seeks a rezone and comprehensive plan change of the property from P -0 (Professional Office) /Office to C- 1 (Commercial) /Commercial. While some of the subject property is fairly level, the north portion of the site has slopes of approximately %45. For this reason, it is considered a sensitive area and is affected by the Moratorium. Prior to the Moratorium, the applicant submitted an application for a building permit. This permit is vested with the. Building Division. The applicant is in the process of completing environmental review and Design Review. The applicant would like to request a Comprehensive Plan ammendment and rezone from Office to Commercial use for this site. The Moratorium prevents the Comprehensive plan change and rezone review from proceeding . without a waiver. The attached letter details the applicant's request, his reasons for the waiver request and the hardship which he feels the Moratorium causes. The waiver request relates only to a change of use via a Comprehensive Plan ammendment /rezone. The specific development proposal is separately undergoing SEPA review and Design Review by the Board of Architectural Review. EFFECT OF THE SENSITIVE AREAS ORDINANCE: .The Sensitive Areas Ordinance will have no effect on the project built or its location on the property since the building permit was applied for prior to the beginning of the Moratorium. Any project that receives BAR approval could proceed without the Comprehensive Plan ammendment /rezone. The Comprehensive Plan ammendment /rezone would only affect the project's use. DECISION CRITERIA: Ordinance 1550 states the City Council must use the following criteria to review waiver requests: 1. The intent of the moratorium 2. The best interests of the City weighed against the interests of the individual. 3. The circumstances and hardship caused by the moratorium. 4. The damage that could result from strict adherence to the moratorium. ATTACHMENTS: 1. Zoning /vicinity map 2. Site Plan 3. Civil Drawings (topo) ~ J. w •M....4 • !! SS h*evil! •v f! ON. .I 153 .Ot . � ' •• — � � y..I • r .A '14 oe> r i 440 • f " M 46,` 0 • 5 9 ISo 11 07) *K M Y ;F. C ENTER PARMA M i A 414 is f « a 4 2 2 1 --ATrAcd►AENIT 1 TU.' A ••, PA PK WAY O 3 t + ••=1.41441, 1 I T •• , .. & 1 S 3210. 1 a• /WW1 TE . T No TES THE Foy_ Lo w ! &Al V l s l o to s 1 ) gv►LP1 .46, MOVES w 1EA5 i 2.) 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MOO rum O • .n.1 151 10 7.10/1 101•1371. 1 „n• 11.10 1 41 1 4 4 -1 04 O•L •01.11.1. 414 714 N +10.0 1 ,.1110.14 0..1.10. 11.0.11 0 41.1 M T1•11 Ot• ,1• 'u Ia7 Onl 0.110 % ,.•.w .. •Inn1n 40 Ic••. •.1-i •hi • ,Mn T1 Al 11 c1.i.:.ln ,'14.10 0 In 17.- .11•.17 .114 • 01... 1. 1•:4K 4 9,11•11011 aT. , aninDIp1. .1 ••••1t.0 114.3•000 Inn. • 11171.701 113 PILO. 1 •1 041•1.. VOA al nollellana SA r. • • .. -. '.... �•.' ►� _, � ;ice 3. • T4 LDG ARCHITECTS iinardic design group 1836 westlake ave n., suite 204 seattle, wa 98109 (206) 283-4764 fax (206) 283 -1293 June 12, 1990 City Council c/o City Clerk Office 6200 Southcenter Blvd. Tukwila, WA 98188 Dear City Council: We are requesting a rezone from P.O. to C -1 commercial development at 5400 Southcenter Blvd., an address within the Sensitive Area Ordinance(S.A.O.) boundary, with a Comprehensive Plan designation of "P.O ". We have submitted for a building permit prior to steep slope moratorium, therefore we feel that this project should be looked at as a project that is not affected by S.A.O. In order to proceed with this project we do need to apply for rezone prior to expiration of the moratorium. Without proper zoning my client can not sign potential tenants nor can he secure necessary financing to proceed with this project. This project is scheduled for June 28 BAR hearing and hopefully, 'twill be approved. We feel theta building permit could be issued by middle of July and construction would commence in early August. If we can not apply for rezone at this time and start construction in late summer that due to nature of the site, start of this project would have to be postponed until next spring, causing my client unnecessary hardship. if you have any questions, do not hesitate to call. Sincerely, LINA DIC SIGN GROUP /ARCHITECTS Edi Linardic EL /jaw A R C H I T F C T S LINARDIC DESIGN GROUP 1836 WESTLAKE AVE. N. • SUITE 106 • SEATTLE, WA. 98109 TELEPHONE • 206.283 -4764 May 14, 1990 City Council c/o City Clerk Office 6200 Southcenter Blvd. Tukwila, WA 98188 Dear City Council: We are requesting a rezone for C -1 commercial development at 5400 Southcenter Blvd., an address within the Sensitive Area Ordinance(S.A.O.) boundary currently zoned P.O., with a Comprehensive Plan designation of "Commercial ". A permit was previously issued for this property, drawing set dated June 22, 1989, for a three story, 17,796 sq.ft. office building. This permit has expired. Our proposal is for a single level, 9,640 sq.ft. commercial building. The property in question is unique in that it is divided in zoning designation, with the north portion zoned and currently in multi- family use, and the South portlon(subject property), as described above. Bordering to the West is a convenience store, a property already zoned for the C -1 designation we are seeking for this proposal. In comparison to the previous building for which a permit was issued, this proposal Is one -half the building size with just over two-thirds the parking area. Thus, traffic generated in the proposed commercial use at peak hours could be expected to be a reduction from that of the previous office proposal(please see traffic report on file at Planning Dept.). In terms of appearance, we are proposing extensive tile accenting, in use with tilt concrete construction. Overall, the appearance will be considerably up-scale for the building type(please see artist's rendering on file at the Planning Dept.). If you have any questions or would IMce further information regarding our proposal, please do not hesitate to call. jaw /DBJ Dale Johnson, Project Architect (04"....■"`"'"• MAY 1 b cm/ OF F. :Y. :. titA C?TY [ s.i •