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HomeMy WebLinkAboutPermit L04-009 - GREENHALGH ADAM - CARGO CONTAINER APPEALGREENHALGH ADAM 2901 5 128 ST L04 -009 APPEAL HEARING DATE: FILE NUMBER: NOTIFICAION: LOCATION: NAME/MAILING ADDRESS: CODE VIOLATIONS: REQUESTED: STAFF: City of Tukwila Department of Community Development April 27, 2004 L04 -009 STAFF REPORT TO THE HEARING EXAMINER Steve Lancaster, Director Steven M. Mullet, Mayor Mr. Adam Greenhalgh 2901 South 128 Street Tukwila, WA 98188 Prepared April 8, 2004 Notification mailed to appellant on February 25, 2004. Notification mailed to Hearing Examiner on February 25, 2004. Notification mailed to appellant on March 25, 2004 regarding request to reschedule. Notification mailed to Hearing Examiner on March 25, 2004 regarding request to reschedule. Renton City Council Chambers 1055 South Grady Way 7 Floor Renton, WA 98055 Brandon J. Miles, Assistant Planner City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 Tukwila Municipal Code 18.18.020- Permitted Uses Tukwila Municipal Code 18.50.060 -Cargo Containers as Accessory Structures Appellant requests reversal of Notice of Denial dated February 11, 2004. City of Tukwila requests that the decision be affirmed Brandon J. Miles, Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Greenhalgh Appeal L04 -009 EXHIBITS: A. Tukwila Municipal Code 18.50.060 -Cargo Containers as Accessory Structures 13. Tukwila Municipal 18.70.130 -Cargo Containers C. March 2002 Hazelnut D. Determination of Non - Significance issued February 21, 2001 E. Affidavit of Publication for the cargo container regulations F. January 2003 Hazelnut G. Tukwila Municipal Code 18.18 - Office District H. Affidavit of Mailing for First Notice I. Affidavit of Mailing for Second Notice of Violation J. Special Permission Application K. Letter from Brandon Miles dated January 12, 2004 L. Notice of Decision, dated February 11, 2004 M. Notice of Appeal N. Tukwila Municipal Code 18.72.020 SCOPE OF HEARING Under Tukwila Municipal Code (TMC) 18.116 the appeal filed Mr. Adam Greenhalgh is limited only to those issues raised in the Notice of Appeal submitted to the City on February 23, 2004 (Exhibit M: Notice of Appeal). The appellant argues that he did not receive the first notice of Violation and had he received this notice he would have submitted the necessary application, which would have allowed his container to be grandfathered. He further argues that removing the container would present a financial hardship upon him. BACKGROUND 1. On April 15, 2002, the City Council of the City of Tukwila amended the Zoning Code by, defining "cargo container" and designating the conditions and requirements for their use in residential and commercial zones (Exhibit A: TMC 18.50.060 and Exhibit B: TMC 18.70.130) 2. The cargo container regulations were discussed by the City Council on ten separate occasions prior to adoption of the new regulations. These meetings were open to the public and the City Council heard testimony regarding the proposed amendments to City Code, Mr. Greenhalgh did not present any testimony. 3. Notification that the City Council was considering regulating cargo containers was published in the Hazelnut. The Hazelnut is a monthly newsletter sent to all business and residents in the City (Exhibit C: Hazelnut). 4. The City issued a SEPA Determination of Non - Significance (DNS) for the proposed changes. Notification of the DNS was published in the Seattle Times (E01 -012) (Exhibit D: Determination of Non - Significance issued May 21, 2001). 5. Revised Code of Washington (RCW) 35A.12.160 states the notification requirements that are required for ordinances that are passed by Code Cities: 2 Greenhalgh Appeal L04 -009 Promptly after adoption, the text of each ordinance or summary of the content of each ordinance shall be published at least once in the city's official newspaper. For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request. 6. A summary of the new regulations was published in the Seattle Times, the newspaper of record for the City of Tukwila (Exhibit E: Affidavit of Publication). 7. The City also had a summary of the new regulations in the Hazelnut. (Exhibit F: Hazelnut January 2003) 8. Under the new regulations no new cargo containers are allowed in following zoning districts, Mixed Use Office (MUO), Office (0), Residential Commercial Center (RCC), and Neighborhood Commercial Center (NCC) (Exhibit A: TMC 18.50.060) 9. The property in question is located at 2901 South 128 Street and is zoned Office. Cargo Containers are not listed as a permitted, accessory, or conditional use. (Exhibit G: TMC 18.18). 10. The new regulations established a one -year compliance period for cargo containers that were installed established prior to adoption. By April 15, 2003, all existing cargo containers located in the Office zone must have been granted approval by the Director of Community Development to allow the containers to remain or the cargo containers must be removed (Exhibit B: TMC 18.70.130) 11. Adam Greenhalgh did not submit an application to keep the existing cargo container on the property prior to the April 15, 2003 deadline. 12. On July 5, 2002, City staff mailed out notices to owners and tenants of properties with visible cargo containers. Adam Greenhalgh was one of the individuals listed on the mailing list. The letter was never sent back by the Post Office (Exhibit H: Affidavit of Mailing). 13. On December 8, 2002, utilizing the same list, City staff sent out a second notice to all business and property owners that had not complied with the new regulations. Adam Greenhalgh was mailed this notice (Exhibit I: Affidavit of Mailing for second Violation Letter). 14. Adam Greenhalgh submitted an application for the cargo container on December 12, 2003 eight months after the compliance period had ended (Exhibit J: Special Permission Application). 15. The City sent Mr. Greenhalgh a letter noting that the application could not be approved and giving him the option of withdrawing the application and recouping the $300 filing fee (Exhibit K: Letter from Brandon Miles, dated January 12, 2004) 16. On February 11, 2004, the City issued a Notice of Decision denying the land use application. The Decision noted that the cargo containers were not an allowed use in the Office zoning and the applicant had lost any non - conforming right by failing to submit an application by the April 15, 2003 deadline (Exhibit L: Notice of Decision). 3 DISCUSSION Greenhalgh Appeal L04 -009 17. On February 23. 2004, the City received a Notice of Appeal from Adam Greenhalgh (Exhibit M: Notice of Appeal). In passing the new regulations regarding cargo containers, City Council made a finding that cargo containers, due to their industrial appearance, are not appropriate in certain zoning districts. The City Council established a one -year period to allow any existing cargo containers to be grandfathered if they met certain screening requirements. In doing so council attempted not to impact those individuals who had already located containers on their property. The City Council established an adequate compliance period of one -year. The appellants argument is that he did not receive the first notice that the City mailed out and had he received this notice he would have submitted the necessary permit application. These notices were done as a courtesy and nowhere in State Law or in City Code were such notices required. The City is not required to notify every person who might be affected by a change to City regulations. In this case the City went beyond the notification requirements that are stated in RCW 35A.12.160, which only requires cities to publish in the official paper of record. The appellant is asking for the Hearing Examiner to allow a use that is not allowed in the underlying zoning classification. TMC 18.72.070 notes (Exhibit N): "Under no circumstances shall the Hearing Examiner grant a variance to permit a use not generally or conditionally permitted in the zone involved, or any use expressly or by implication prohibited by the terms of title in said zone." REQUESTED ACTION Affirm the City's Decision to deny the application based on the conclusion that cargo containers are not permitted in the Office (0) zone and that the appellant lost the ability to be grandfathered by failing to submit the proper application by the April 15, 2003 deadline. Require that the cargo container be removed within 14 -days. 4 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MAARC-1(eizfrthatrA. MoI 3,. ) 8-4-1- SY- . Tukw; (g LJA DIVIl/29 2. Article Number (Transfer from service label° PS Form 3811, August 2001 Postal U S stal Service , C ERTIFIED M AILTM :REGEIP (Domestic Mail Only; No Insurance Coverage Provided For delivery information visit our website at www.uspscomn $ $ 4. LR Postage Certified Fee Return (E dorsemerrt�Requi t Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by ( Printed Name) ENMt kAin ❑ Agent ❑ Addressee C. Date of Delivery s\ /V D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Registered ❑ Insured Mail 4. Restricted Delivery? (Extra Fee) 7002 2410 0004 6341 3229 C ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. Postmark Here ❑ Yes 102595-02 -M -1035 Notice of Changes to Tukwila's Cargo Container Regulations in Commercial Zones You are receiving this notice because we believe that you have one or more containers on your Tukwila property that are being used for storage. If this is not the case please call so that we can inspect the site and remove you from our list. After considering the issue for a year the Tukwila City Council has adopted regulations that limit the use of cargo or shipping containers for storage in Tukwila's residential and commercial areas. The Council has taken this action in response to citizen complaints about rusting and unsightly containers. Industrial zones and businesses using the containers for the transportation of freight are exempt from the new regulations. Enclosed is a copy of the new ordinance and a permit application. You have until April 15, 2003 to either apply for and receive a special permission permit or remove the container(s) on your lot. Under the new regulations: • All existing containers in residential or commercial areas will have to have a permit from the City or be removed within one year (April 15, 2003). • All new containers in residential and commercial areas will be required to have an approved permit before being installed. • Containers are still allowed on construction sites in all areas for temporary storage of materials and equipment. Permit requirements: • New cargo containers are limited to 30 feet in length • Only two containers will be allowed per commercial lot and they may not be stacked. • The container(s) must be located and screened to minimize visibility from the street and neighboring properties. • The container(s) cannot occupy any required parking spaces and must meet setback requirements. • Containers next to buildings must be painted to match the building's color. • Outdoor cargo containers may not be refrigerated. For additional details about the new rules call Nora Gierloff in the Department of Community Development, (206) 431 -3670. Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I , �L, f HEREBY DECLARE THAT: Notice of Public Hearing a-v/1 wLA-rcvs 5 /cots. ,9/ rJ i of./ 177P Akuk Project Number: &Lb/ AfAivt_ /VI Determination of Non- Significance /- Person requesting mailing: / " 4— Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda -Pkt Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit -- __ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 A f Other j or D) {7*n C f- /��S ( /.DMlt -e.f (C.1 ?J'NQ. r-a Project Name: A/ vac Df CI S 7 /Gct/.LA CM260 LSD -rmiA_ a-v/1 wLA-rcvs 5 /cots. ,9/ rJ i of./ 177P Akuk Project Number: &Lb/ AfAivt_ /VI Mailer's Signature: /- Person requesting mailing: / " 4— t Was mailed to each of the addresses listed on this S day of J1J in the year 20Q P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM EXHIBIT G Tukwila Tosco 13310 Interurban Av S Tukwila, WA 98168 STRANDER LOUISE M PO BOX 88636 Tukwila, WA 98138 Cardinal Aerospace CARDINAL KELLIE & RALPH Occupant 4585 S 134 P1 PO BOX 58995 4650 S 134 P1 Tukwila, WA 98168 SEATTLE WA 98138 Tukwila, WA 98168 TUKWILA PROPERTY LLC Occupant Eric Schweiger 500 UNION ST 1000 4600 S 134 St 4712 S 134 PI SEATTLE WA 98101 Tukwila, WA 98168 Tukwila, WA 98168 SIMVEST INC Walashek Industrial Marine Ryder Truck Rental 600 UNIVERSITY ST #1925 ' 6410 S 143 St 17850 West Valley Hwy Seattle WA 98101 Tukwila, WA 98168 Tukwila, WA 98168 RYDER TRUCK RENTAL INC PROPERTY TAX DEPT. 3B PO BOX 025719 MIAMI FL 33102 Country Vittles TEMPLE ROBERT +GINNY 14212 Tukwila Int. Bl Tukwila, WA 98168 ROBB WILLIAM ERIC 6542 Southcenter Blvd Tukwila, WA 98188 •- TOSCO CORPORATION ATTN TAX DEPT 2300 CLAYTON RD STE 1100 CONCORD CA 94520 BROMEL DAVID K 3409 S LAURELHURST DR NE SEATTLE WA 98105 Occupant SCIOLA NICK +PATRICIA ANN 17750 West Valley Hwy 6718 134TH CT NE Tukwila, WA 98188 REDMOND WA 98052 NAPA AUTO PARTS 14013 Tukwila Int. Bl Tukwila, WA 98168 GREENHALGH ADAM 2901 'S 128 St Tukwila, WA 98168 FIRST INTER BNK KIRKLAND 6801 S. 180 St WELLS FARGO BANK - 92685 Tukwila, WA PO BOX 63931 San Francisco CA 94163 Penske Truck 12840 48 Av s Tukwila, WA 98168 Kaycan Building Products 17680 West Valley Hwy Tukwila, WA 98188 GRAVERSEN C L 3074 NW FAIRWAY HTS BEND OR 97701 BARNES JOHN G+JEAN M 1582851 AvS Tukwila, WA 98188 REPORT AND DECISION , ,APPELLANT: SUMMARY OF APPEAL: PUBLIC HEARING: The following exhibits were entered into the record: Parties present: Appellant: OFFICE OF THE HEARING EXAMINER CITY OF TUKWILA Adam Greenhalgh 2901 South 128 Street Seattle, WA 98168 -3064 Representing City of Tukwila: Adam Greenhalgh 2901 South 128' Street Seattle, WA 98168 - 3064 Denial of Land Use Appeal L -03 -071 L -04 -009 Appeals Notice and Order issued by City of Tukwila, After reviewing the Appellant's written request for a hearing and examining the available information on file, the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a brief summary of the April 27, 2004 hearing. The official record is recorded on CD. The hearing opened on Tuesday, April 27, 2004, at 1:30 p.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Exhibit No. 1: Yellow file containing the appeal, Staff Report and other documentation pertinent to the appeal. Exhibit No. 2: Series of 8 photographs Joe Schultz, Assistant Attorney for City of Tukwila Brandon Miles, 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 May 11, 2004 RECEIVED MAY 1 '1094 COMMUNITY D EVELOPMENT The Examiner explained that the appeal was an administrative appeal held pursuant to various ordinances and was the only administrative review to occur on the matter. The matter may be submitted back to the Examiner for reconsideration if the parties are not satisfied with the decision. The appellant does have the burden of demonstrating that the City's action was erroneous, or should be reversed or modified. The parties may give an Adam Greenhalgh Denial of Land Use Appeal May 11, 2004 Page 2 opening statement, call witnesses, cross examine the other side's witnesses, and they may also give a closing argument. Adam,Greenha1)li, 2901 South 128 Street, Tukwila, WA 98168 stated that he did not receive the information mailed to his office originally. As soon as he became aware of the requirement, he went to the City of Tukwila, met with a planner, discussed what would be required. He was informed that he did meet the requirements and that he needed to fill out the form, which he did and returned it to the planner that same day. Later it was discovered that the deadline had been missed. The property is in the northwest corner of Tukwila. The appellant introduced a series of eight photographs that were marked as Exhibit 2. Joe Schultz, City of Tukwila objected to the photos on lack of foundation. The Examiner stated that if they were explained, there would be a foundation. Mr. Greenhalgh continued stating that the concern he has, the container rule was introduced for good reason in the City of Tukwila. If he had received the original notice, he would have taken the action that was taken later. There are no buildings behind the property, the container is not terribly visible from the road, across the road is unincorporated King County. In the event that Tukwila would allow this exemption to meet the requirements, it would not be opening up a floodgate of people that could go after the same exception.. The container is not injuring the City of Tukwila in any way, it is not visually causing concerns, it meets the requirements that they did have for grandfathering containers. It would be burdensome and expensive to have the container removed and to construct a facility to take the place of the container. He is asking for the spirit of the law to be applied in this case, as it does not set a precedent that would be burden on the City of Tukwila. The Examiner asked for an explanation of the photographs. Mr. Greenhalgh stated that photograph one is looking from the west side of the property, the container is barely visible on the right. Photographs two, three and four are all from the street. Photograph five and six are from behind the container and seven and eight are from the neighboring property. Brandon Miles, Assistant Planner for the City of Tukwila, 6300 Southcenter Blvd., Suite 100, Tukwila, WA 98188 stated that on April 15, 2002 the City Council passed these new regulations regarding cargo containers within the City. This was done after 10 separate open meetings to the public, testimony was given and the decision was made after those meetings. The new regulations prohibited cargo containers in mixed -use office, office, residential commercial center, neighborhood commercial center. The property here today is zoned office. The new regulations established a one year compliance period for people with established cargo containers prior to April 15, 2002 to come into the City, get permitted and meet screening compliances. That one -year period ended April 15, 2003. The City did a survey of properties in the City where it was known that there would be cargo containers. This particular property was listed and on July5, 2002 a notice was sent stating that they needed to come in and get the correct permits. Additionally the City published a newsletter that is sent to every property owner and tenant in the City. In two separate occasions the new regulations were mentioned. The new regulations were also published in the Seattle Times, the official paper of record for the City of Tukwila. The City did not receive any application by the deadline, but subsequently received it in December of 2003. It was determined that his property was zoned office which would not allow for the cargo container and the grandfathering window had been missed. The Examiner asked what the harm would be, since some grandfathering of such containers was allowed, for the City of Tukwila to allow one more as the appellant indicated, he was a pre- existing use. It is not as though someone could now go in and put another cargo container on a site there. Adam Greenhalgh Denial of Land Use Appeal May 11, 2004 Page 3 Mr. Miles stated that staff never made a determination that he met requirements because it was not allowed in the zone. The appellant is essentially asking for a variance, he's asking to have a privilege granted to him that would not be granted to other people in the same zoning. Numerous people removed their cargo containers by the April 15 deadline, additionally, other people met the screening requirements by the April 15 deadline. The harm that would be created by granting this today is that it would open the opportunity for others to put a cargo container on their property, come to the City and state that they did not receive the notice, and ask to be grandfathered. It would make enforcing the regulation impossible. Mr. Greenhalgh stated that while agreeing that it is not impossible, it seems improbable that the City missed many containers. Considering that this property is in the very outskirts of the city and hidden by all the trees. It seems unreasonable to assume that the City would not be able to verify when a container was delivered, it is not easy to have a container delivered and placed on the property. Joe Schultz, Assistant City Attorney, stated that the underlying bottom harm is that allowing these containers would simply be against the law in Tukwila. The law was made, with input by the public representatives and the citizens of Tukwila who decided they did not want this particular use in their city. The Examiner stated that if the law was that blanket, there would be no problem, but that is not the case. The City did allow people to grandfather in these cargo containers on office property. Mr. Schultz stated that was true, but that decision was made in recognition of the hardship, however, the City did give an opportunity of one year to have these things adequately screened and after that point if becomes illegal. The City staff does not have the mechanism to issue an exemption. The Examiner called for further testimony regarding this appeal. There was no one else wishing to speak. The hearing closed at 1:53 p.m. FINDINGS, CONCLUSIONS & DECISION Having reviewed the record in this matter, the Examiner now makes and enters the following: Findings: FINDINGS, CONCLUSIONS & DECISION Having reviewed the record in this matter, the Examiner now makes and enters the following: Findings: 1. The appellant, Adam Greenhalgh, seeks to reverse a determination of the City of Tukwila that disallowed the use of an existing cargo container at property owned by the appellant. 2. The appellant owns South Seattle Financial Center, LLC which is located at 2901 South 128 Street in the City of Tukwila. 3. An office complex is located on that site along with accessory surface parking. There is a cargo container located on the subject site. The container is used to store maintenance equipment including Adam Greenhalgh Denial of Land Use Appeal May 11, 2004 Page 4 lawn and garden equipment. The cargo container is 8 feet by 20 feet. The cargo container has been located on the site for a number of years and was located on the site prior to April 15, 2002. 4. The property is Zoned Office (0). 5. Apparently the City determined that the proliferation of cargo containers on a variety of properties in the City was inappropriate. After a review and a number of public meetings, public hearings and notices, the City passed new regulations limiting the zoning districts in which they could be installed and also requiring their removal from other districts. One of the districts in which they were prohibited was the Office district. The regulations also required the removal of such cargo containers from the Office district. The ordinance did allow a one -year grace period and also created a review mechanism to allow some of the containers to remain if they met certain criteria. 6. On July 5, 2002, the appellant was sent notice that the cargo container was no longer a permitted use on the subject site. The notice informed recipients that the City did allow those with preexisting cargo containers to apply for a permit to allow the continued use of those containers if the containers met certain criteria. The criteria are not an issue in this appeal. Those with such preexisting containers were required to apply for review under the criteria within one year of passage of the new prohibitions or not later than April 15, 2003. Neither the appellant nor anyone in his behalf applied for a permit during the permitted period. 7. The appellant claims he never received the notice to apply for the permit. 8. The decision announcing the denial of his permit noted that since the application was not filed within the window permitted by ordinance, the appellant lost his right to be considered grandfathered. 9. The appeal was filed on February 23, 2004. The appeal hearing was scheduled for April 27, 2004 at 1:30 p.m. 10. The City did conduct an inventory of existing cargo contains. The one on the appellant's property was noted and the City acknowledges that the subject container was located on the appellant's property prior to the adoption of the regulations banning such containers and setting a deadline for either applying for a permit or removing the containers. The fact that one was found on the appellant's property is why a notice of the one -year opportunity to apply for a permit and potentially grandfathers the cargo container was sent to the appellant. 11. The City noted that when the ordinance was being considered that its inventory and identification of existing cargo containers was not in any way exhaustive and that they located ones that were easier to see in their survey or assessment. So the City is not sure of how many did exist and any number of them could be unaccounted for at this time. The City uses this reason to note that it would be hard to refute a claim by owners of hidden or undiscovered cargo containers that their respective containers were also in place prior to the regulation's date of adoption. 12. While the appellant noted that his container could be modified, painted or moved and that he is otherwise a good corporate citizen, these were not issues that have any bearing on the matter at hand. The appellant emphasized that the container was in place when the regulation was adopted, the City knew it existed and he has specific paperwork showing when it was installed. Adam Greenhalgh Denial of Land Use Appeal May 11, 2004 Page 5 13. The appellant also claimed it had not received notice of the ordinance's passage or the notice that it could apply for a special review. Neither issue negates the fact that the ordinance is otherwise legal and passed in a legal manner as it appears to affect the subject property. 14. The following provisions now govern the placement, replacement and removal of cargo contains in the various zoning districts of the City of Tukwila: 18.70.130 Cargo Containers A. All cargo containers that have been installed in the LDR, MDR, HDR, MUO, 0, RCC, NCC, RC, RCM, TUC or C /LI zones as of April 15, 2002 must either receive Type 2 special permission approval or be removed by April 15, 2003. Criteria for approval are as follows: 1. Only one cargo container will be allowed per lot. 2. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -of -way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. 3. If located adjacent to a building, the cargo container must be painted to match the building's color. 4. Cargo containers may not occupy any required off - street parking spaces. 5. Cargo containers shall meet all setback requirements for the zone. 6. Outdoor cargo containers may not be stacked. B. All containers so approved will be considered legal structures and may remain in place so long as the location and screening are not altered. If an approved cargo container is moved off a residential zoned property containing a residential use, no new container may be moved onto the property. (Ord. 1989 §10, 2002) 18.50.060 Cargo Containers as Accessory Structures A. Cargo containers are allowed outright in the LI, HI, MIC/L, MIC /H and TVS zones, subject to building setbacks. B. New containers may be allowed as accessory structures in LDR, MDR, and HDR, for institutional uses and in RC, RCM, TUC and C/LI for any permitted or conditional use. All new containers are subject to a Type 2 special permission decision and the restrictions in the various zoning districts. C. Criteria for approval are as follows: 1. Only two cargo containers will be allowed per lot, maximum length 30 feet. 2. The container is located to minimize the visual impact to adjacent properties, parks, trails and rights -of -way as determined by the Director. 3. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -of -way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. 4. If located adjacent to a building, the cargo container must be painted to match the building's color. 5. Cargo containers may not occupy any required off- street parking spaces. 6. Cargo containers shall meet all setback requirements for the zone. 7. Outdoor cargo containers may not be refrigerated. 8. Outdoor cargo containers may not be stacked. D. Licensed and bonded contractors may use cargo containers in any zone for temporary storage of equipment and /or materials at a construction site during construction that is authorized by a City building permit. Adam Greenhalgh Denial of Land Use Appeal May 11, 2004 Page 6 Conclusions: (Ord. 1989 §9, 2002) 1. The petitioner has the burden of demonstrating that the City's determination was either in error, or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 8.45.060; Administrative Procedures Act). The petitioner has failed to demonstrate that the action of the City should be modified or reversed. The decision of the City is affirmed. 2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision, when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities and Transportation Commission, 69 Wn. 2d 472, 478 (1966). 3. An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing body, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly, 77 Wn. 2d 255, 259 (1969). 4. The petitioner has failed to demonstrate that the City's decision was founded upon anything but a fair review of the facts as it pertains to the petitioner's situation. The petitioner has failed to demonstrate . with cogent evidence that a mistake was made. 5. While it is true that the appellant can demonstrate with both his own records and the City's acknowledgement that the cargo container predated the adoption of regulations that now prohibit such containers, the appellant did not follow the prescribed permitting requirements and did not do so in a timely manner. He finally applied for a permit and review after the window had closed and the use of cargo containers for storage or other use were prohibited. 6. It is also clear that if the cargo container met the required criteria that would enable it to stay on the site, it would not necessarily prejudice or harm the City since the City has by regulation allowed some cargo containers to be maintained in zoning districts where they would otherwise now be prohibited. The City also knows that this particular cargo container did in fact exist prior to its adoption of the new regulations. So if this cargo container could meet the criteria (and that, as noted above, is not an issue at this time), it would be no more troublesome, inappropriate or unaesthetic than the others that have been allowed to remain and that have been successfully grandfathered in. It is just that the appellant did not apply for the appropriate review in a timely fashion that brings us to the juncture. 7. With that said, though, the time frame and limits are set in the ordinance. The appellant did not meet those limits. The City is correct in that based on the criteria now available, others with hidden containers or those who could claim hidden containers could also seek to reopen the review window: Since the ordinance does not provide any discretion, this office cannot reopen the window, change the dates specified in the regulations or otherwise modify the language found in code. Section 18.72.070 does not allow the Hearing Examiner latitude in this case: "18.72.070 Prohibited Variance Under no circumstances shall the Hearing Examiner grant a variance to permit a use not generally or conditionally permitted in the zone involved, or any use expressly or by implication prohibited by the terms of this title in said zone. (Ord. 1796 §3(part), 1997; Ord. 1758 §1(part), 1995) " Adam Greenhalgh Denial of Land Use Appeal May 11, 2004 Page 7 8. The City's determination is affirmed. The cargo container must be removed. While this office does not know if the cargo container can comply with the criteria for review that had been adopted, this office will delay this order for 30 days in order to allow the appellant time to seek City Council review of the time frame, noting that this particular cargo container was found to exist on the date the ordinance was adopted. Decision: The appeal is denied. ORDERED THIS 11 day of May, 2004 FRED J. KAUF HEARING EXA TRANSMITTED THIS 11 day of May, 2004 to the parties of record: Brandon Miles Assistant Planner 6300 Southcenter Blvd., Ste. 100 Tukwila, WA 98188 Joe Schultz Assistant City Attorney 6300 Southcenter Blvd Tukwila, WA 98188 TRANSMITTED THIS 11 day of May, 2004 to the following: Steven M. Mullet, Mayor Rhonda Berry, City Administrator N INER Adam Greenhalgh 2901 S 128 Street Tukwila, WA 98168 Reconsideration must be filed in writing on or before 5:00 p.m., June 1, 2004. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within twenty (20) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. The appeal provisions of the Tukwila Municipal Court are unclear on the time for filing an appeal. The appeal shall be filed with King County Superior Court within 20 days of this decision. Brandon Miles - Notification for ordinances Page 1 From: "Pat Mason" <pmason @mrsc.org> To: <bmiles @ci.tukwila.wa.us> Date: 4/9/04 8:06AM Subject: Notification for ordinances Hi Brandon - I received your e-mail question concerning what are the statutory requirements for notification that a city has passed an ordinance. Basically, RCW 35A.12.160 provides that promptly after adoption, every ordinance or a summary of the ordinance must be published at least once in the official newspaper of the city. This statute applies to a code city such as Tukwila. As far as I am aware, this satisfies any statutory notice requirements for the enactment of an new ordinance. Normally the ordinance will be effective five days after publication. I hope this answers the question. Patrick Mason Legal Consultant Brandon Miles - Re: Publishing Requirements From: Bob Baker To: Brandon Miles Date: 4/8/04 5:34PM Subject: Re: Publishing Requirements Hey Brandon...Sorry for the delay in getting back to you. Like your office, ours has been crazy today. It's what we call "packet day" and the City Council agenda "packet" for next week is larger than normal... Anyhow...earlier today you asked for the "proper RCW regarding publishing requirements for a new City ordinance" "35A.65.020 - Publication of legal notice. The publication of a legal notice required by general law or by a code city ordinance shall be in a newspaper of general circulation within the city having the qualifications prescribed by chapter 65.16 RCW and shall be governed by the provisions thereof as the same relate to a city of any class." Ordinances - Specifically RCW 65.16.160 - Publication of ordinances. (1) Whenever any county is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in a newspaper, the county may publish a summary of the ordinance which summary shall be approved by the governing body and which shall include: V, (a) The name of the county; (b) The formal identification or citation number of the ordinance; (c) A descriptive title; (d) A section -by- section summary; (e) Any other information which the county finds is necessary to provide a complete summary; and (f) A statement that the full text will be mailed upon request. Publication of the title of an ordinance by a county authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a complete summary of that ordinance, and a section -by- section summary shall not be required. (2) Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains provisions regarding taxation or penalties or contains legal descriptions of real property, then the sections containing this matter shall be published in full and shall not be summarized. When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any. In the case of descriptions covering more than one street address, the street addresses of the four corners of the area described shall meet this requirement. (3) The full text of any ordinance which is summarized by publication under this section shall be mailed without charge to any person who requests the text from the adopting county. (The "without charge" portion is news to me, so I'm copying to Barbara Saxton and Kelly Narog, our front counter staff in the event of question... Thanks for the inquiry and let me know if we can help further. Bob Baker Page 1 Brandon Miles -2901 So. 128 h th St. From: Christy O'Flaherty To: Brandon Miles Date: 4/8/04 2:53PM Subject: 2901 So. 128th St. The following addresses are a part of the City-wide mailing list. This list is used to mail our Hazelnut newsletter. United Pacific Mortgage, Inc., 2901 So. 128th St., #1500, Tukwila Columbia Property Svcs LLC, 2901 So. 128th St. #2000, Tukwila MRM Properties, Inc., 2901 So. 128th St., #2020, Tukwila Waterfront Properties, Inc., 2901 So. 128th St., Tukwila B.T.T.W., Inc., 2901 So. 128th St., Tukwila Aventus, Inc., 2901 So. 128th St., Tukwila Tukwila Community Member, 2901 So. 128th St., Tukwila age March 25, 2004 Mr. Adam Greenhalgh 2901 South 128 St. Seattle, WA 98168 -3064 RE: RESCHEDULE OF HEARING DATE FOR NOTICE OF DECISION REGARDING INSTALLATION OF CARGO CONTAINER Dear Mr. Greenhalgh: At your request, which the City has agreed to, your appeal will be heard before the City's Hearing Examiner at 1:30 PM on April 27, 2004. The Hearing will take place at the Renton City Hall, City Council Chambers, which is located at 1055 S. Grady Way, Renton, WA 98055. The Council Chambers is located on the seventh floor. If you have any questions, please call (206) 431 - 3684 or send an email to bmiles ' ci.tukwila.wa us. City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director 'A 'v Brandon J. Miles Assistant Planner cc. Shelley Kerslake, City Attorney Fred Kaufman, Hearing Examiner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 February 25, 2004 City of Tukwila ila Steven M Mullet, Mayor Department of Community Development Steve Lancaster, Director Mr. Adam Greenhalgh 2901 South 128 St. Seattle, WA 98168 -3064 S RE: HEARING DATE FOR NOTICE OF DECISION REGARDING INSTALLATION OF CARGO CONTAINER Dear Mr. Greenhalgh: The City, via hand delivery, received your letter appealing the denial of land use application L03 -071 on February 23, 2004. The Hearing Examiner will consider the appeal on Tuesday, April 6, 2004 at 1:30 p.m. The hearing will take place at the City of Renton, City Council Chambers, 1055 S. Grady Way, Renton, WA 98055. The Council Chambers is located on the seventh floor. You are entitled to appear in person, and to be represented by counsel, and to offer such evidence as may be pertinent and material to the Notice of Decision. If unable to be present at the hearing, please notify the Office of the Hearing Examiner at (425) 430- 6515. Public Notice is required for the hearing. Prior to the Hearing the City will be installing a public notice board on the property. If you have any concerns on the installation please contact me. If you have any questions regarding the appeal procedures, you may contact me at (206) 431 -3684 or send an email to bmiles(cr�ci.tukwila.wa.us. erely randon J. i e Assistant Planner cc. Shelley Kerslake, City Attorney Kathy Stetson, Code Enforcement Fred Kaufman, Hearing Examiner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 January 12, 2004 Mr. Adam Greenhaigh 2901 S 128 St., Suite 2000 Seattle, WA 98168 RE: Cargo Container located at 2907 S. 128 Street Dear Mr. Greenhaigh: City of Tukwila Department of Community Development Steve Lancaster, Director On December 12, 2003 an application was submitted regarding the placement of a cargo container located at the above address. The property in question is currently zoned office. Property zoned office is not permitted to have cargo containers placed upon it. On July 5, 2002, City staff notified all property owners and tenants that had existing containers that in order to keep any existing cargo containers on properties that were not zoned to permit them, an application must have been submitted by April 15, 2003. No application was submitted for the current cargo container on your property by the April 15, 2003 deadline. Thus, the cargo container can no longer be considered legally non - conforming. The cargo container that is located on your property must be removed. You have 90 -days from the date of this letter to remove the container. Failure to remove the container will result in a Notice of Violation being issued, which may include a fine of no more that $500. I have contacted the City's Finance Department and requested that your permit fee be refunded. I will mail you the check once they have processed me request. If you have any questions, please call (206) 431 -3684 or send an email to bmiles ci.tukwila a.us. Sincerely, Br don J. Miles Assistant Planner cc. Kathy Stetson, Code Enforcement Officer L03 -071 Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 TUKWII, MUNICIPAL CODE Chapter 18.50 SUPPLEMENTAL DEVELOPMENT STANDARDS Sections: 18.50.010 Purpose 18.50.020 Special Height Limitation Areas 18.50.030 Special Height Exception Areas 18.50.045 Height Regulations Around Major Airports 18.50.060 Cargo Containers as Accessory Structures 18.50.070 Yard Regulations 18.50.080 Exemption of Rooftop Appurtenances 18.50.083 Maximum Building Length 18.50.085 Maximum Percent Development Area Coverage 18.50.090 Height Limitation for Amusement Devices 18.50.100 MIC /L and MIC /H Site Lighting Standards 18.50.110 MIC /L and MIC /H Zone Archaeological/ Paleontological Information Preservation Requirements 18.50.130 Structures Over Public R -O -W 18.50.010 Purpose It is the purpose of this chapter to establish development standards that supplement those established within the various use districts. These supplemental standards are intended to address certain unique situations that may cross district boundaries, and to implement related policies of the Tukwila Comprehensive Plan. (Ord. 1758 §1(part), 1995) 18.50.020 Special Height Limitation Areas There is hereby established a special height limitation area, as depicted by Figure 18 -3, within which no building shall be erected which exceeds six (6) stories in height, notwithstanding the provisions for the zoning district within which the subject property may lie. (Ord. 1758 §1(part), 1995) 18.50.030 Special Height Exception Areas There are hereby established special height exception areas as depicted by Figure 18 -3, within which building heights of up to four, six, or ten stories, as illustrated by the Figure, are allowed, notwithstanding the height standards for zoning districts within which the subject property may lie. (Ord. 1758 §1(part), 1995) 18.50.045 Height Regulations Around Major Airports For the purposes of regulating heights within the vicinity of major airports, there are established and created certain height limitation zones which include all the land lying within the instrument approach zones, non - instrument approach zones, transition zones, horizontal zones and conical zones. Such areas Page 18 - 96 may be shown and defined on an "airport height map" which shall become a part of the ordinance codified in this section by adoption of the Council and found on file in the office of the City Clerk. No building or struc- ture shall be erected, altered or maintained, nor shall any tree be allowed to grow to a height in excess of the height limit herein established in any of the several zones created by this section; provided, however, that this provision shall not prohibit the construction of or alteration of a building or structure to a height of 35 feet above the average finish grade of the lot. Where an area is covered by more than one height limitation zone, the more restrictive limitations shall prevail. Under the provision of this section, the City adopts the following airport height map: Airport Height Map: King County International Airport (Boeing Field), August 1, 1986, and as the same may be amended. (Ord. 1758 §1(part), 1995) 18.50.060 Cargo Containers as Accessory Structures A. Cargo containers are allowed outright in the LI, HI, MIC /L, MIC /H and TVS zones, subject to building setbacks. B. New containers may be allowed as accessory structures in LDR, MDR, and HDR, for institutional uses and in RC, RCM, TUC and C /LI for any permitted or conditional use. All new containers are subject to a Type 2 special permission decision and the restrictions in the various zoning districts. C. Criteria for approval are as follows: 1. Only two cargo containers will be allowed per lot, maximum length 30 feet. 2. The container is located to minimize the visual impact to adjacent properties, parks, trails and rights -of -way as determined by the Director. 3. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -of -way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. 4. If located adjacent to a building, the cargo container must be painted to match the building's color. 5. Cargo containers may not occupy any required off-street parking spaces. 6. Cargo containers shall meet all setback requirements for the zone. 7. Outdoor cargo containers may not be refrigerated. 8. Outdoor cargo containers may not be stacked. D. Licensed and bonded contractors may use cargo containers in any zone for temporary storage of equipment and /or materials at a construction site during construction that is authorized by a City building permit. EXHIBIT A (Ord. 1989 §9, 2002) Printed January 2, 2003 { { #'- 18.50.070 Yard Regulations A. Fences, walls, poles, posts, and other cus- tomary yard accessories, ornaments, furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility to the detriment of public safety. B. In the case of through lots, unless the pre- vailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. C. Where the front yard that would normally be required on a lot is not in keeping with the prevailing yard pattern, the DCD may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. D. In the case of corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. E. In the case of corner lots with more than two frontages, the DCD shall determine the front yard requirements, subject to the following conditions: 1. At least one front yard shall be provided having the full depth required generally in the district; 2. The second front yard shall be the minimum set forth in the district; 3. In the case of through lots and corner lots, there will be no rear yards but only front and side yards; 4. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full and half -depth front yards have been established shall be considered side yards. (See Figure 18 -4.) (Ord. 1758 §1(part), 1995) 18.50.080 Exemption of Rooftop Appurtenances The height limitations specified in this chapter shall not apply to church spires, monuments, chimneys, water towers, elevator towers, mechanical equipment, and other similar rooftop appurtenances usually required to be placed above the roof level and not intended for human occupancy or the provision of additional floor area; provided, that mechanical equip - ment rooms or attic spaces are set back at least ten feet from the edge of the roof and do not exceed 20 feet in height. Printed January 2, 2003 (Ord. 1758 §1(part), 1995) TITLE 18 — ZONING 18.50.083 Maximum Building Length In the MDR and HDR zones, the maximum building length shall be as follows: For all buildings except as described I MDR ... 50 ft below: HDR ....50 ft Maximum building length with bonus for modulating offsets: For structures with a maximum building height of 2 stories or 25 ft., whichever is less, and having horizontal modulation or a mini- mum vertical change in roof profile of 4 feet at least every two units or 50 feet, whichever is less: For structures with a building height over 2 stories or 25 ft., whichever is less, with a horizon- tal and vertical modulation of 4 ft. or an 8 ft. modulation in either direction: MDR ...100 ft HDR ....200 ft MDR ...100 ft HDR ....200 ft Modulation shall be required for every 2 units or 50 feet, whichever is less, as measured along the building's length. Grouping of offsets in maximum four unit modules may be permitted only with BAR approval (see Figure 18 -5). (Ord 1758 §1(part), 1995) 18.50.085 Maximum Percent Development Area Coverage In the MDR and HDR zones the maximum percent development area coverage shall be 50 %, except for senior citizen housing developments in HDR. If the building is converted to regular apartments the 50% limit must be met. (Ord. 1830 §28, 1998; Ord. 1758 §1(part), 1995) 18.50.090 Height Limitation for Amusement Devices Amusement devices shall be allowed up to 115 feet in height in any commercial or industrial zones. Any devices that exceed the height limit of the zone in which they are located shall be subject to a conditional use permit. (Ord. 1815 52, 1997) 18.50.100 MIC /L and MIC/H Site Lighting Standards A. The following site lighting standards shall apply to portions of developments within 100 feet of the Tukwila Manufacturing/Industrial Center boundary as defined in the 1995 Comprehensive Plan: 1. The minimum light levels in parking areas, paths between the building and street or parking areas shall be 1 foot - candle; 2. The maximum ratio of average:minimum light level shall be 4:1 for illuminated grounds; Page 18 -97 TUKWI- MUNICIPAL CODE 3. Maximum illumination at the roperty line shall'be 2 foot - candles; 4. Lights shall be shielded to eliminate direct off -site illumination; and 5. General grounds need not be lighted. B. Variation from these standards may be granted by the Director of the Department of Community Development based on technical unfeasibility or safety considerations. (Ord. 1853 §4, 1998) 18.50.110 MIC /L and MICIH Zone Archaeological/ Paleontological Information Preservation Requirements The following provisions shall apply in the MIC /L and MIC /H zones: 1. If there is reason to believe that archaeolog- ical resources will be disturbed, a cultural resources assessment shall be conducted and, if warranted, an archaeological response plan and provisions for exca- vation monitoring by a professional archaeologist shall be made prior to beginning construction. The assess- ment should address the existence and significance of archaeological remains, buildings and structures on the State or Federal historic registers, observable paleonto- logical deposits and may include review by the State Archaeologist. 2. It is recommended that the applicant coor- dinate a predetermination study by a professional archaeologist during the geotechnical investigation phase, to determine site archaeological potential and the likelihood of disturbing archaeological resources. 3. Excavations into historically native soil, when in an area of archaeological potential, shall have a professional archaeologist on site to ensure that all State statutes regarding archaeological conservation/ preser- vation are implemented. The applicant shall provide a written commitment to stop work immediately upon discovery of archaeological remains and to consult with the State Office of Archaeology and Historic Preserva- tion (OAHP) to assess the remains and develop appropriate treatment measures. These may include refilling the excavation with no further responsibility. 4. An applicant who encounters Indian burials shall not disturb them and shall consult with OAHP and affected tribal organizations pursuant to State statutes. . 5. The Director is authorized to: a. conduct studies to generally identify areas of archaeological /paleontological potential; b. make determinations to implement these provisions; and c. waive any and all the above require- ments, except for TMC 18.50.110 -4 (reporting of discovered Indian burials), if the proposed action will have no probable significant impact on archaeological or historical resources that are eligible for listing in the National Register of Historic Places, or on observable Page 18 -98 paleontological resource' Examples of such actions include excavation of fill materials, disturbance of less than 10,000 square feet of native soils to a depth of 12 inches, penetration of native soils with pilings over a maximum 8% of the building footprint, and paving over native soils in a manner which does not damage cultural resources. The above examples are illustrative and not determinative. A case -by -case evaluation of archaeological /paleontological potential value and proposed disturbance must be made. Ord. 1853 §5, 1998) 18.50.130 Structures Over Public R -O -W A developer who controls parcels on both sides of a public right -of -way may request approval to bridge the street with a structure as a Type 2 special permis- sion decision. Only the width of the building that extends across the street is exempt from setbacks; the remainder of the building must meet them. The developer must also obtain air rights and comply with all other relevant codes, including the Washington State Building Code. (Ord. 1971 §18, 2001) Printed January 2, 2003 I 1 I I I I 1 I I b. The benefit to tublic to be gal from termination of the use; c. The nature of the leasehold or o ownership interest that an appellant may have premises occupied by the adult entertainment use; d. Restrictions or lack of same imposed on an appellant's use of such premises by a lease or other binding agreement; e. Amounts expended by an appellant for improvements to such premises or for necessary equipment and the extent to which those amounts have been recovered through depreciation, tax savings, or whether such improvements are contemplated to be left as property of the lessor; and >: Any clear evidence of substantial economic harm caused by enforcement of the 90 -day termination provision of this section. 4. Any appeal of the 90 -day termination provision filed pursuant to this section shall be classified as a Type 1 decision to be rendered by the Hearing Examiner pursuant to the provisions of TMC 18.104 and 18.108. (Ord. 1819 §1(part), 1997) 18.70.120 Sidewalk Dedication No building setback or landscape area on the subject lot at the time of donation or easement to the City for sidewalk purposes shall become nonconforming by reasons of such donation or easement. (Ord. 1819 §1(part), 1997) 18.70.130 Cargo Containers A. All cargo containers that have been installed in the LDR, MDR, HDR, MUO, 0, RCC, NCC, RC, RCM, TUC or C /LI zones as of April 15, 2002 must either receive Type 2 special permission approval or be removed by April 15, 2003. Criteria for approval are as follows: 1. Only one cargo container will be allowed per lot. 2. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights-of-way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. 3. If located adjacent to a building, the cargo container must be painted to match the building's color. 4. Cargo containers may not occupy any required off-street parking spaces. 5. Cargo containers shall meet all setback requirements for the zone. 6. Outdoor cargo containers may not be stacked. B. All containers so approved will be considered legal structures and may remain in place so long as the location and screening are not altered. If an approved Printed January 2, 2003 TITLE 18 — ZONING ned cargo container' moved off a residential zoned property containing a residential use, no new container ther may be moved onto the property. in (Ord. 1989 §10, 2002) EXHIBIT B Page 18 -125 Event Date Public Meeting: Comp Plan Amendments March 18 See page 8 Public Hearing: Cargo Containers as Storage March 18 See page 8 Public Works Open House: Cascade View Drainage March 20 See page 2 Springiest Craft Fair at TCC March 23 See page 4 Special "Chipper" Day (Quarantine Zone) March 23 See page 12 Public Works Open House: Duwamish Revitalization March 28 See page 2 Teen Flashlight Egg Hunt at TCC March 29 See page 4 Easter Egg Scramble and Annual Egg Hunt March 30 See page 5 Northwest Natural Yard Days at Seattle Center April 6 See page 11 Rainier Symphony Spring Concert April 7 See page 2 Teen Dance Cruise aboard Argosy Sightseer April 12 See page 4 Annual Spring Plant Exchange April 13 See page 4 Spring Break Day Camps April 15 -19 See page 5 Special "Chipper" Day (Quarantine Zone) April 20 See page 12 A.P.P.L.E. Parenting Class begins April 25 See page 10 2002 Special Recycling Collection Event April 27 See page 11 Third Annual Backyard Wildlife Fair May 11 See page 2 S. 180th Street Project Road Closing May 2002 See page 1 i Grriagsmui A City of Tukwila publication for our residential and business community There's a lot going on in Tukwila MU' E 23 NUMBER Construction Alert: S. 180th - ROAD Street Project will close road CLOSED for one year starting in May UscillIE The City of Tukwila has awarded the contract for construction of the grade separation on S. 180th Street between West Valley Highway and Oaksdale Avenue. The contract for $14,915,226.27 was awarded to low bidder Wilder Construction Company of Everett, WA. Construction activity will begin in March 2002. The project will construct an underpass beneath the railroads for four lanes of traffic, an Interurban Trail bridge, a one -track Union Pacific railroad bridge, and a three -track Burlington Northern bridge. What this means to YOU South 180th Street will beginning in May 2002. Example of similar railroad underpass (S. 228th) be closed at the railroad tracks for one year The main detour route will use West Valley Highway, South 196th Street (that opened in March 2001) and 80th Avenue S. Please refer to the route map. We realize this project will cause delays for all travel- ers. Our main objective is to provide a safe and effi- cient roadway for this heavily traveled corridor. This construction project will eliminate the current delays associated with trains and promote smoother traffic flow. Call the Public Works Dept. at 206 - 433 -0179 for more information, or visit the "Public Works — Construction Activity" page at Tukwila's Iittp:/ /ci.tukwila.wa.us EXHIBIT C ublic meeting to be held higarding e City of Tukwila is beginning its annual consideration of >sible changes to the Comprehensive Plan and Zoning de. The Comprehensive Plan contains the broad land use as and policies that will guide Tukwila for the next 20 as. The Zoning Code carries out the Comprehensive Plan's ides with specific requirements for land development. s year, in addition to Tukwila's regular yearly process, the to of Washington has mandated that all cities also review Jr Comprehensive Plans to be sure that they are up to date h statewide planning requirements and the Growth Man .merit Act (GMA). City of Tukwila has submitted one app_ lication with eral parts. The remaining amendment was proposed by a mber of the public. Meeting State requirements will be the us of this year's update; including the following proposed endments: Revise Sensitive Areas Ordinance to include "best avail - tie science" and update inventory of sites (File #L01-076, kpplicant::City of Tukwila) Revise Transportation Element' to update Concurrency Drdinance (File #L01 -076, Applicant: City of Tukwila) ter proposed amendments are as follows: 7.han ge the Comprehensive Plan and Zoning designation •om Low Density Residential (LDR) to Commercial/Light ndustrial at 13136 42nd Avenue S. (File #L01 -075, kpplicant: Gregory Johnson) . rage container issues to be considered . may have noticed that some of your neighbors and local finesses have begun using cargo or shipping containers as age sheds. The City Council is considering regulations that ild limit the use of these containers in all areas of the City .?.pt industrial zones. Under the draft regulations: X11 existing containers in residential or commercial areas vould have to apply for a permit from the City or be emoved within one year. n residential areas, new cargo containers will only be Bowed for institutional uses such as schools or hospitals. dew cargo containers may be allowed in commercial zones vith a permit. n order to get a permit, you would have to show that the ontainer was screened from your neighbors and the street nd that it met setback distance requirements. Comprehensive ian amendments • Consider the boundaries for Low Density Residential (LDR) adjacent to Commercial/Light Industrial (CLI) zoning near S. 135th /Macadam Road and 48th Avenue South (File #L01 -076 , Applicant: City of Tukwila/deferred from 2001) • Revisions to Transportation element to encourage appro- priate development near high - capacity transit stations (File #L01 -076, Applicant: City of Tukwila) To give residents and businesses the opportunity to express opinions about the proposed amendments, there will be a PUBLIC MEETING 7:OOPm — Monday, March 18, 2002 City Council Chambers at Tukwila City Hall 6200 Southcenter Boulevard There will be additional opportunities for public input during the spring and summer of 2002. The City of Tukwila wel- comes both written and verbal comments about the proposed Comprehensive Plan/Zoning Code amendments from the residential and business community. Please contact Rebecca Fox of the .Tukwila Department of Community Development at 206 - 431 -3683 if you have ques- tions. You may address written' comments to the Tukwila`; Department of Community Development, 6300 Southcenter Boulevard, Tukwila, WA 98188. If you prefer, you may also comment via e-mail to rfox@ci.tukwila.wa.us Council • Containers would still be allowed on construction sites in all areas for temporary storage of materials and equipment. The City Council will be holding a public hearing on these changes on Monday, March 18th at 7:O0pm, and you are welcome to come and share your thoughts about the issue. For additional details, please call Nora Gierloff in the Department of Community Development at 206 - 431 -3670. THE HAZELNUT • • • • DESCRIPTION OF PROPOSAL: ADDRESS: PARCEL NO; SEC /TWN /RNG: LEAD AGENCY: CITY OF TUKWILA DETEkMINATION OF NONSIGNIFICANC (DNS) CHECKLIST FOR 15 ZONING CODE AMENDMENTS: 1 CHANGE THE FAR LIMITATION TO LOT COVERAGE IN LDR 2 ELIMINATE INCREASED SETBACKS FOR 2ND FLOOR LDR 3 NO CARGO CONTAINERS IN RESIDENTIAL AND MUG ZONES 4 ADD ADDITIONAL DETAIL TO LANDSCAPE PLAN REG. 5 ADOPT BUILDING CODE DEFINITION OF HEIGHT 6 ADOPT BUILDING CODE DEFINITION OF STORY 7 DELETE HIGH TECH AS A USE CATEGORY 8 CORRECT FIGURE 18 -4 LOCATION OF YARDS 9 ADD PAWNBROKERS AS ALLOWED /CONDITIONAL USES 10 ADD INTERNET DATA CENTERS AS ALLOWED USES 11 ADD A DEFINITION OF INTERNET DATA CENTERS 12 AMEND THE SUBDIVISION STANDARDS FOR TURNAROUNDS 13 MOVE THE FEE FOR STREET VACATIONS FROM ZONING CODE TO STREET VACATION SECTION 14 CHANGE THE ZONING CODE TO ALLOW STRUCTURES OVER THE RIGHT OF WAY 15 ADD A DEFINTION FOR PAWNBROKERS PROPONENT: CITY OF TUKWILA DCD LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS. IF ANY: 6200 SOUTHCENTER BL 359700 -0282 NON PROJECT CITY OF TUKWILA FILE NO: E01- 012 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)tc). 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. ** k k** k k k k• k k k********** ************** *** ** **** ************ **-k* k** k**** k* ;k This determination is final and signed this 1ST day of IAA/ 200J_. Steve Lancaster, Responsible Official City of Tukwila, (206) 431 -3670 6300 Southcenter Boulevard Tukwila, WA 98188 Copies of the procedures for SEPA appeals are available with the Department of Community Development. EXHIBIT D 1356795/ 2 State of Washington, Counties of King and Snohomish, Brandon Darrow being duly sworn, says that he/she is the Authorized Agent of Seattle Times Company, publisher of The Seattle Times and representing the Seattle Post - Intelligencer, separate newspapers published daily in King and Snohomish Counties, State of Washington: that they are newspapers of general circulation in said Counties and State; that they have been approved as legal newspapers by orders of the Superior Court of King and Snohomish Counties; that the annexed, being a classified advertisement, was published in: The Seattle Times 04/19/02 And not in a supplement thereof, and is a true copy of the notice as it was printed and/or distributed in the regular and entire issue of said paper or papers during all of said period, and that said newspaper or newspapers were regularly distributed to its subscribers during all of said period. -CERTIPFCAT1ON �, L, 11fd 4 t City Clerk of tbe City of Tukwila; do certify that this is a true and cotrect of the Original on file with the 'City._ - DATE y is� -t1a f . ,1 • • City Clerk Affidavit of Publication Subscribed and sworn to before me this 25th day of April 2002 ;Y,,v / ' W{Ii Notary Public iR nd for the State of Washington residing at Seattle EXHIBIT E CITY OF TUKWILA SUMMARY OF ORDINANE NO.1989 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758 AND 1976 AND CHAPTERS 18.06, 18.10, 18.12, 18.14, 18.24, 18. 26, 18.28.18.30,18.50AND 18.700F THE TUKWILA MUNICIPAL CODE, TO CLARIFY AND UP- DATE ZONING CODE PROVI- SIONS REGULATING THE USE OF CARGO CONTAINERS AS ACCESSORY BUILDINGS; PROVIDING FOR SEVERABIL- ITY; AND ESTABLISHING AN EFFECTIVE DATE. On April 15, the City Council of the City of Tu passed Or- dinance No. 1989 defining 'cargo container' and designating the permitted uses and requirements for their use in residential and commercial zones; providing for severability; and establishing on effective date. The full text of this ordinance will be mailed without charge to any- one who submits a written re- quest to the City Clerk of the City of Tukwila for a COPY of the text. APPROVED by the City Council at its meeting of April 15, 2002. Robert H. Baker for Jane E. Cantu CMC, City Clerk Published Seattle Times: April 19, 2802 A City of Tukwila publication for our residential and business community 1.• . 1.%. 1 1. 1 .: .. !?.. . G) As may be your custom too, I like to begin a new year by reflecting on the one just completed. While 2002 was difficult, our accomplishments were many. Here's a brief - and by no means comprehensive - summary. CJ e hosted our first annual Fourth of July celebration at Fort Dent Park. This celebration included the D.A.R.E. Dash, food, games, music and other family activities, and culminated in a spectacular fireworks display. Many citizens have expressed their apprecia- tion of the event and the desire to see it continue and grow. ehabilitation of the Mountain View partments was completed. Down- town Action to Save Housing (DASH), a King County- based, non - profit real estate development firm, acquired the apartment complex last year and in- vested over a million dollars to improve - ^oc and en- the quality of the hance overall nei T he City cord Sound Trar and staff to b Southcenter ui! there yet, we decision to center, and will continue to do so. A long - awaited skate park opened at the Tukwila Community Center on May 18, 2002. The event coincided with the annual Mayfair Teen Festival at 2002 Review: The achievements and the challenges of a difficult year the Center, and all had a good time. Those that used the skate park have taken good care of it. Unlike other com- munities, we have had very few inci- dents of misbehavior or vandalism. n September we hosted visitors from our Sister City in Ikawa, Japan. Ap- proximately 30 students and 15 adults participated in this year's exchange. A return visit to Ikawa is planned for this upcoming Spring. T he South 180th Street Grade Sepa- ration Project began in the spring of this year. The underpass is on target to open in May 2003. When completed, traffic will flow uninterrupted past rail- road activity. W e continued to acquire land for development of Tukwila Village. The vision of a first -class development offering a broad range of services and economic activity continues to be our focus. This Village will significantly help reshape the character of Tukwila Inter- - •' ^nal Boulevard and provide an im- for future redevelopment. ins have been completed and a bid warded for the building of a new house at Foster Golf Course. The facility will bring meeting rooms a high- quality restaurant to the area, i is funded entirely by proceeds from play at the golf course. W e have successfully negotiated an agreement with King County to assume ownership of the South Central Pool which is great news for our com- munity. At the same time, we arranged for transfer of the South Park Bridge to the County. This transaction allows for a "revenue neutral" arrangement in our assumption of the pool. — In addition to the items summarized above, the City Council and staff worked diligently to produce a balanced budget for 2003. The combined impacts of the various voter initiatives on Motor Ve- hicle Excise Tax and Property Tax have curtailed our traditional revenue sources. The Council, after holding several pub- lic meetings and after long deliberation, implemented a utility tax. Department directors were able to achieve budget reductions without staff layoffs, although we have left eight positions unfilled. It is our intent to control expenditures while we carefully watch our antici- pated revenues. I am optimistic that we will be on the upward side of this economic cycle soon. Rest assured your councilmembers, City staff and I will continue to provide the best services possible and to be good stewards of your tax dollars. Steve Mullet, Mayor offices will be closed If Qn lay, JanU for Martin Luther KI JL EXHIBIT F ikwila's cargo container regulatio - .t year thirdy Council adopted regulations aiting the of cargo or shipping containers for storage in Tukwila's idential and commercial areas. The Council took this ion in response to citizen complaints about rusting and tightly containers, primarily in residential areas. Indus- I zones and businesses using the containers for transpor- on of freight are exempt from the new regulations. Council set a one -year deadline for all cargo containers be removed from residential and commercial zones, ess the owner applies for and receives a permit to keep m. If you have a cargo container at your home or nmercially zoned business and wish to keep it past the �1 15, 2003 deadline, contact the Tukwila Community telopment Department at 206 - 431 -3670 to get informa- 1 about applying for a permit. .. ... ••••• ••......• • irotect the heads you love • Adult and children's bicycle helmets (blue) are available at Fire Station #54 (across from Foster High School) for $5.00. elmet visors are also available for • :1.00. The person for which the helmet is intended must be present to ensure a proper fit. For more information, please call 206 -575 -4404. • • • • • • • • • • • • • • • • • • • ••••••••••••••• and members appointed Human Services Advisory Board comes two new members. Tim Wil- is brings a rich background of expe- ce in finance, investment and coin - iity involvement. Tim also served it years in the United States Navy. . is the president, owner and general lager of Horizon Ford in Tukwila. 'bie Wilkinson, Area Director of Corn- ilty Support at Highline Hospital, eloped five outpatient programs in- ling Highline Midwifery, Highline lily Health Center, Youth Health ter, Roxbury Family Healthcare, and !nded Care Program. She offers many s of experience regarding health services and accessibility. New noise regulation lake Tukwila a more peaceable kiom The Tukwila City Council recently adopted an ordinance that will make it easier for Code Enforcement and Police Officers to take action against noise code violators. The new law, which became effective at the end of November 2002, establishes maximum permissible sound levels and establishes "public disturbance noises" as a violation of the Tukwila Municipal Code. Public disturbance noises are not defined by decibel level measurement, but rather as a sound which "disturbs or inter- feres with the peace, comfort and repose of owners or possessors of real property." Penalties for violations of these new provisions range from $100 per day for civil violations to $1000 and /or up to 90 days in jail for criminal violations. More information on this ordinance may be obtained by contact- ing the City's Code Enforcement Division at 206- 431 -3671. Program provides financial assistance to help keep the heat on The Energy Assistance Program (EAP) that helps low income households with winter heating bills is open for eligible Tukwila residents. The amount of benefits depends on the type of heat and other factors. You can find assistance for electric, gas, oil, and other types of home heat. Furnace repair or replacement may also be available for eligible homeowners. Payments are made directly to energy companies on behalf of customers, in most places. Applicants must provide income documentation for the three prior months for all adults, the fuel bill from the address where they currently live, Social Security cards for all adults, and a rent receipt, lease agreement, or tax/mortgage statement. To be eligible, monthly household income cannot exceed $923 for one, $1,244 for two, or $1,565 for three people. Monthly net income for Puget Sound Energy customers have higher income guidelines than the federal guidelines just stated. Tukwila residents living in 98148, 98168, and 98188 zip codes should call the Federal Way Office Heat line at 253- 874 -4328 or 1- 800 - 422 -1384. Residents living in 98178 should call the Kent Office Heat Line at 253- 850 -1338. THE HAZELNUT Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I , -65Z--/i HEREBY DECLARE THAT: Notice of Public Hearing jE, (A/L TiuNs S /GsZ. pr4uvurp op/ it Utd_ Project Number: &LT M' e.p /V 9 I7 Determination of Non - Significance Person requesting mailing: //c »2_34 _ Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda Pkt Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ -- FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 V A Other •/ofl o C!-on/ c - t / fG,c- Dom 'c Project Name: IUDTC Pi C 4,ES ' Tit/twizA C4-2GO Leah - jE, (A/L TiuNs S /GsZ. pr4uvurp op/ it Utd_ Project Number: &LT M' e.p /V 9 I7 Mailer's Signature: Xl:').-10----- . Person requesting mailing: //c »2_34 _ Was mailed to each of the addresses listed on this day of Ju,l rj in the year 2014 P:GINAWYNETTA/FORMS /AFFIDAVIT —MAIL 08/29/003:31 PM EXHIBIT G Tukwila Tosco 13310 Interurban Av S Tukwila, WA 98168 STRANDER LOUISE M PO BOX 88636 Tukwila, WA 98138 Cardinal Aerospace 4585 S 134 P1 Tukwila, WA 98168 TUKWILA PROPERTY LLC 500 UNION ST 1000 SEATTLE WA 98101 SIMVEST INC 600 UNIVERSITY ST #1925 Seattle WA 98101 RYDER TRUCK RENTAL INC PROPERTY TAX DEPT. 3B PO BOX 025719 MIAMI FL 33102 Country Vittles TEMPLE ROBERT +GINNY 14212 Tukwila Int. B1 Tukwila, WA 98168 ROBB WILLIAM ERIC 6542 Southcenter Blvd Tukwila, WA 98188 Occupant 6801 S. 180 St Tukwila, WA TOSCO CORPORATION ATTN TAX DEPT 2300 CLAYTON RD STE 1100 CONCORD CA 94520 BROMEL DAVID K 3409 S LAURELHURST DR NE SEATTLE WA 98105 CARDINAL KELLIE & RALPH PO BOX 58995 SEATTLE WA 98138 Occupant 4600 S 134 St Tukwila, WA 98168 Walashek Industrial Marine 6410 S 143 St Tukwila, WA 98168 Occupant 17750 West Valley Hwy Tukwila, WA 98188 NAPA AUTO PARTS 14013 Tukwila Int. Bl Tukwila, WA 98168 GREENHALGH ADAM 2901 S 128 St Tukwila, WA 98168 FIRST INTER BNK- KIRKLAND WELLS FARGO BANK - 92685 PO BOX 63931 San Francisco CA 94163 Penske Truck 12840 48 Av s Tukwila, WA 98168 Kaycan Building Products 17680 West Valley Hwy Tukwila, WA 98188 Occupant 4650 S 134 P1 Tukwila, WA 98168 Eric Schweiger 4712 S 134 PI Tukwila, WA 98168 Ryder Truck Rental 17850 West Valley Hwy Tukwila, WA 98168 2U SCIOLA NICK +PATRICIA ANN 6718 134TH CT NE REDMOND WA 98052 GRAVERSEN C L 3074 NW FAIRWAY HTS BEND OR 97701 BARNES JOHN G+JEAN M 15828 51 Av S Tukwila, WA 98188 Notice of Changes to Tukwila's Cargo Container Regulations in Commercial Zones You are receiving this notice because we believe that you have one or more containers on your Tukwila property that are being used for storage. If this is not the case please call so that we can inspect the site and remove you from our list. After considering the issue for a year the Tukwila City Council has adopted regulations that limit the use of cargo or shipping containers for storage in Tukwila's residential and commercial areas. The Council has taken this action in response to citizen complaints about rusting and unsightly containers. Industrial zones and businesses using the containers for the transportation of freight are exempt from the new regulations. Enclosed is a copy of the new ordinance and a permit application. You have until April 15, 2003 to either apply for and receive a special permission permit or remove the container(s) on your lot. Under the new regulations: • All existing containers in residential or commercial areas will have to have a permit from the City or be removed within one year (April 15, 2003). • All new containers in residential and commercial areas will be required to have an approved permit before being installed. • Containers are still allowed on construction sites in all areas for temporary storage of materials and equipment. Permit requirements: • New cargo containers are limited to 30 feet in length • Only two containers will be allowed per commercial lot and they may not be stacked. • The container(s) must be located and screened to minimize visibility from the street and neighboring properties. • The container(s) cannot occupy any required parking spaces and must meet setback requirements. • Containers next to buildings must be painted to match the building's color. • Outdoor cargo containers may not be refrigerated. For additional details about the new rules call Nora Gierloff in the Department of Community Development, (206) 431 -3670. *1 101V 4 Under the new regulations: Permit requirements: City of Tukwila V Department of Community Development Notice of Zoning Code Violation December 8, 2003 You are receiving this notice because we believe that you have one or more containers on your Tukwila property that are being used for storage. If this is not the case please call so that we can inspect the site and remove you from our list. After considering the issue for a year the Tukwila City Council has adopted regulations that limit the use of cargo or shipping containers for storage in Tukwila's residential and commercial areas. Truck/tractor trailers have been prohibited from parking in residential zones since 1997. The Council has taken this action in response to citizen complaints about rusting and unsightly containers, primarily in residential areas. Industrial zones and businesses using the containers for the transportation of freight are exempt from the new regulations. Previously, the City notified you that the cargo container on your property must receive a special permission permit or be removed. The City gave you approximately one year to either obtain the permit or remove the container. The City has not issued a permit for the property and the cargo container is still present. You are hereby informed that you are in violation of City Code. You have 15 -days from the date of this notification to remove the container or apply for a special permission permit. Failure to remove the container or apply for the permit will result in a Notice of Violation being issued which may include a fine of $500 per day per violation. • All new containers in residential and commercial areas will be required to have an approved permit before being installed. • Containers are still allowed on construction sites in all areas for temporary storage of materials and equipment. • New cargo containers are limited to 30 feet in length • Only two containers will be allowed per commercial lot and they may not be stacked. • The container(s) must be located and screened to minimize visibility from the street and neighboring properties. • The container(s) cannot occupy any required parking spaces and must meet setback requirements. • Containers next to buildings must be painted to match the building's color. Outdoor cargo containers may not be refrigerated For additional details about the rules call Brandon J. Miles in the Department of Community Development, (206) 431 -3670. Steven M. Mullet, Mayor Steve Lancaster, Director EXHIBIT H 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206- 431 -3665 °Dept . Of Gomm ty Devel opme City of Tukwil AFFIDAVITS OF DISTRIBUTION c I. L v HEREBY DECLARE THAT: Notice of Public Hearing Determination of Non - Significance Notice of Public Meeting Project Name: l ( s1 L� (6e, Am-61 J Mitigated Determination of Non- Significance ;�1 Board of Adjustment Agenda Pkt Determination of Significance & Scoping Notice a a:4E Mail er's Signature : \ �I�0�'Z- • Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 -.: Seattle WA . 98111 Other : ° G8� ^ ✓ l'A' r=- iv - Q V %ll�` � h ) l k (T k` i. .}' Y � t? �SY� i Y }'Q3 .. - _ ..... . ,�_.. ., � ... , i , ,r. % s , i ..- , i t Y` ., ,r� � y 7" 3' ( }i V,t � P �r i{ ��C l� ''•t �*'� �4Y �,� � , . �r.'t.+,� -��.� ✓}�. a �, �.iY Y.�2 % ✓�� .�..x : ���.z�.: - w, <'§'> Project Name: l ( s1 L� (6e, Am-61 J t Ur ��. ;�1 Project Number: .1)4 �1'rC a a:4E Mail er's Signature : \ �I�0�'Z- • 4,L) Person requesting mailing: 1 l ii /Lp , ` � ("t ( , , Was mailed to each of the addresses listed ors t t P:GINAWYNEUA/FORMS/AFFIDAVIT -MAIL 0829/00331 PM s. City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 -2599 City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 -2599 Cardinal Aerospace 4585 S. 134 PL Tukwila, WA 98168 Kaycan Building Products 17680 West Valley Hwy. Tukwila, WA 98168 H & S Properties 13925 Interurban Ave Tukwila, WA 98188 Occupant 4600 S. 134 St Tukwila, WA 98168 David Bromel 3409 S. Laureihurst Dr NE Seattle, WA 98105 Tukwila Property LLC 500 Union St, Ste 1000 Seattle, WA 98101 Occupant Tosco Corporation 4650 S 134 PL ATTN: Tax Dept Tukwila, WA 98168 2300 Clayton Rd Ste 7100 Concord, CA 94520 vn:rrarrourne73ra EA 98188.2599 Ralph and Kettle Cardinal PO Box 58995 Seatte, WA 98138 CL Graversen 3074 NW Fairway Hts Bend, Or 97701 Tukwila Tosco 13310 Interurban Ave. Tukwila, WA 98168 Napa Auto Parts 14013 Tukwila international Blvd. Tukwila, WA 98168 FOR STAFF USE ONLY Sierra Type: P-SP Planner: File Number: 7 U 3_ Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: r s CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E - mail: tukplan@a,ci.tukwila.wa.us NAME OF PROJECT/DEVELOPMENT: CLoe le,, L [ C 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. '7 1 S ov, 1 7--63' 5 Lam: a s 41 6 )1 2 ,1&. Quarter: Section: Township: Range: (This information may be found on your tax statement) 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: Address: Phone: Signature: P:\Red_Book\SPD APP.DOC,04 /1S/03 SPECIAL PERMISSION DIRECTOR of �...y....�. 1qijq Yf;A'f014 ,1141H8A i0 7 ATy 4,4c FAX: '7 6< , .t'.,';;cs''' ..�.a�'•!►•�. -may. K►4."i���YYT^r'�,J� S i Date: 1 Z 112 /03 EXHIBIT I � January 12, 2004 Brandon J. Miles Assistant Planner City of Tukwila Steven M. Mulle Department of Community Development Steve Lancaster, Mr. Adam Greenhaigh 2901 S 128 St., Suite 2000 Seattle, WA 98168 RE: Cargo Container located at 2907 S. 128` Street Dear Mr. Greenhaigh: On December 12; 2003 an application was submitted regarding the placement of a cargo container located at the above address. The property in question is currently zoned office. Property zoned office is not permitted to have cargo containers placed upon it. On July 5, 2002, City staff notified all property owners and tenants that had existing containers that in order to keep any existing cargo containers on properties that were not zoned to permit them, an application must have been submitted by April 15, 2003. No application was submitted for the current cargo container on your property by the April 15, 2003 deadline. Thus, the cargo container can no longer be considered legally non - conforming. The cargo container that is located on your property must be removed. You have 90 -days from the date of this letter to remove the container. Failure to remove the container will result in a Notice of Violation being issued, which may include a fine of no more that $500. I have contacted the City's Finance Department and requested that your permit fee be refunded. I will mail you the check once they have processed me request. If you have any questions, please call (206) 431 -3684 or send an email to bmileseci.tukwil :.wa.us. Sincerely, cc. Kathy Stetson, Code Enforcement Officer L03 -071 EXHIBIT J 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: City of Tukwila Department of Community Development Steve Lancaster, Director NOTICE OF DECISION PREPARED February 11, 2004 FILE NUMBER: L03 -071 Special Permission from the Director APPLICANT: South Seattle Financial Center, LLC OWNER: Adam Greenhaigh REQUEST: Placement of 8' by 20' cargo container that will be used for storage. LOCATION: 2901 South 128 Street ASSOCIATED PERMITS: None SEPA DETERMINATION: Exempt COMPREHENSIVE PLAN DESIGNATION: Office ZONE DESIGNATION: Office STAFF: Brandon J. Miles Steven M. Mullet, Mayor EXHIBIT K 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Vicinity/Site Information Project Description CONCLUSION FINDINGS South Seattle Financial Center seeks Special Permission from the Director to install an 8' by 20' cargo container at their office building. Existing Development The property is currently zoned and used for office uses. Surrounding Land Uses Surrounding land uses include office, multi - family dwellings, and single - family dwellings. SPECIAL PERMISSION CRITERIA Cargo Containers are permitted in the following zones after receiving Special Permission from the Director; Regional Commercial (RC), Regional Commercial Mixed Use (RCM), Tukwila Urban Center (TUC), and Commercial/Light Industrial (C/LI). Cargo Containers may be placed in Low Density Residential (LDR), Moderate Density Residential (MDR), and High Density Residential (HDR), but only for institutional uses and only after receiving Special Permission from the Director. The property is currently zoned Office (0), which does not permit the placement of new cargo containers. Property owners with existing cargo containers in zones that would not permit new containers were given until April 15, 2003 to submit an application to the City and show compliance with Section 18.50.060 of the Tukwila Municipal Code which would have allowed them to be vested non - conforming. On July 5, 2002, Adam Greenhalgh was sent a notice from staff, a copy of the ordinance, and an application to apply, which would have allowed the cargo container to be legally non - conforming. No application was submitted to the City by the April 15, 2003 deadline. Since the applicant failed to submit the necessary application by the April 15, 2003 he has lost the right to be considered grandfathered, thus the pending application must be denied. APPEALS This decision may be appealed to the Hearing Examiner within 14 days from the issuance of this Notice of Decision (2/25/04). Appeal materials shall include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed; the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. Nora Gierloff, planning &dpervisor Date t_ DA _oo ^� Adam Greenhalgh South Seattle Financial Center, LLC. Reasons for Appeal 1. As property owner of 2901 South 128"' Street, Tukwila, WA 981681 had never received a noticed dated July 5 2002 as stated in the letter from Brandon J. Miles dated January 12, 2004. 2. On receipt of notice of our potential violation in December 2003 I immediately went to the Department of Community Development with the plans showing where the container was located. Luciano Giovanni and I met with your staff and reviewed the plans. On review we were informed everything is in accordance with the requirements, with the only possible exception of the screening as the trees may not be sufficient screening. 3. We submitted our application and payment for same as per the planner's instructions only to receive the attached letter stating we must remove the container and our application fee would be refund. 4. January 15'" I contacted Brandon Miles and was informed that our application had not been denied but would be and we should withdraw the application. I asked what the appeal process is and was informed that there is no appeal to the code as of yet. As I did not receive notice until December e 2003 it was impossible for me to meet a requirement with a date of April 15 2003. If I had received such notice I would have taken the same action as I did when I received notice on December 8 2003. That action was to meet with the City's representatives, verify I had what was required to be in compliance, and submit my application. The City is aware that I went to great lengths to meet the fire department requirements that had been grossly ignored by the prior owners. It has been and currently is my position that I always do what is required by the cities in which I own property. The container is used for the storage of maintenance equipment for the building and landscaping. If the container were to be removed the hardship would be financial from the expense of such removal and from the necessity to hire a landscape company. There is no other storage in the building as the two storage areas are the elevator room and the boiler room. 2901 South 128 St., Seattle, WA 98168 -3064 * (206) 838 -3535 * Fax (206) 838 -3536 • RECEIVED FEB 2 3 1004 ft EXHIBIT L Sections: 18.72.010 Purpose 18.72.020 Criteria for Granting Variance Permit 18.72.030 Conditions for Granting - Extension 18.72.040 Application Requirements 18.72.070 Prohibited Variance 18.72.010 Purpose It is the purpose of this chapter to authorize upon appeal in specific cases such variances from the provi- sions of the zoning ordinance or other land use regula- tory ordinances as the City may adopt which will not be contrary to the public interest and only where, owing to special conditions, a literal enforcement of the provisions of such ordinance(s) would result in unnecessary hardship. (Ord. 1758 §1(part), 1995) 18.72.020 Criteria for Granting Variance Permit The Hearing Examiner shall consider all requests for variance from the Zoning Code; variance from the provisions of such ordinances shall not be granted by the Hearing Examiner unless the board finds that all of the following facts and conditions exist: 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located; 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated; 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan; 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. (Ord. 1796 §3(part), 1997; Ord. 1758 §1(part), 1995) Page 18 -126 Chapter 18.72 VARIANCES 18.72.030 Conditio for Granting - Extension In authorizing t1,,aariance, the Hearing Examiner may attach thereto such conditions that it deems to be necessary or desirable in order to carry out the intent and purposes of this chapter and in the public interest. A variance so authorized shall become void after the expiration of one year or a longer period as specified at the time of the Hearing Examiner action, if no building permit has been issued in accordance with the plans for which such variance was authorized, except that the Hearing Examiner may extend the period of variance authorization without a public hearing for a period not to exceed twelve months upon a finding that there has been no basic change in pertinent conditions surrounding the property since the time of the original approval. (Ord. 1796 §3(part), 1997; Ord. 1758 §1(part), 1995) 18.72.040 Application Requirements An application to the Hearing Examiner for the issuance of a variance shall be made on forms prescribed by the DCD. All applications shall be accompanied by a filing fee as required in the Application Fees chapter of this title. All variances shall be processed as Type 3 decisions pursuant to TMC 18.108.030. (Ord. 1796 §3(part), 1997; Ord. 1770 §48, 1996; Ord. 1758 §1(part), 1995) 18.72.070 Prohibited Variance Under no circumstances shall the Hearing Examiner grant a variance to permit a use not generally or conditionally permitted in the zone involved, or any use expressly or by implication prohibited by the terms of this title in said zone. (Ord. 1796 §3(part), 1997,• Ord. 1758 §1(part), 1995) EXHIBIT M Printed January 2, 2003 April 12, 2004 Mr. Adam Greenhaigh 2901 South 128 St. Tukwila, WA 98168 RE: REMINDER OF HEARING Dear Mr. Greenhalgh: This letter is to remind you that the Hearing Examiner will hear the appeal of file number L03 -071 at 1:30 PM on April 27, 2004. The Hearing will take place at the Renton City Hall, City Council Chambers, which is located at 1055 S. Grady Way, Renton, WA 98055. The Council Chambers is located on the seventh floor. If you have any questions, please call (206) 431 -3684 or send an email to bmiles ' ci.tukwil -..wa.us. /Br on Mil Assistant Planner cc. City of Tukwila Shelley Kerslake, City Attorney Fred Kaufman, Hearing Examiner Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665 • VOgl • ' r e -4 4 . Nt GR� � S Z :i • Y - / : r 1 .' e� - i ; 4 . • & N ��mf> > 3� • , • • ' 6 -0 .,...■*.,,2,,,*4-1•7 , *r• V- "‘;.** • •-• t • d. to4.44, PHOTO 3 • . • . • . - • • ' • • • ". • tr t o, es -4.'9. :t 4..1st •7• 44 • j . 1- ; - 4 v0 , ' ;• I • • gq■ o' .4; A 0, f, Ili It ; _of 'V • '4 , • t fA' "1,14 ■•• tZfrk. %.•