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HomeMy WebLinkAboutReg 2007-04-16 Item 6B - Resolution - Surplus Property at 12230 43rd Avenue South / Donation to Habitat for Humanity COUNCIL A GENDA SYNOPSIS S' 4 Initials ITEM NO. 6 lt�ti i c I ttileetin� Date 1 Prepared by Mayor's review 1 Council review 1 Q. towel 03/26/07 1 S. L. I i I 04/16/07 S.L. 1 <sr�`�`� IN) E7 CO isos I I I (p ITEM INFORMATION CAS NUMBER: 07-036 I ORIGINAL AGENDA DATE: 03/ 26/07 A( ;ENDA ITEM TITLE Surplus Property- Habitat for Humanity C_ TEGORY Discussion iVlotion Z Resolution Ordinance Bid Award Public Hearing Other Mtg Date 03/26/07 iVltg Date Mtg Date 04/16/07 illtg Date Mtg Date Altg Date Mtg Date j SF I)NSOR Council Mayor Adm Svcs DCD Finance Fire Legal El P &R Police PW SP.-)NSOR'S The City is considering declaring the property located at 12230 43 Ave S. as surplus SLvIMARY property and offering it to Habitat for Humanity. RI VIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA1E: 02/13/07 R COMMENDATIONS: SPONSOR /ADMliv. Declare the property surplus and donate it to Habitat for Humanity COMM EE Declare the property surplus and donate it to Habitat for Humanity COST IMP-ACT EUNDS- OURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Cc mments: MTG. DATE 1 RECORD OF COUNCIL ACTION 3/26/07 I Forward to Regular Meeting on 4/16/07 MTG. DATE I ATTACHMENTS 4/16/07 I Memo to the City Council dated 4/11/07 March 26, 2007 COW meeting minutes Hearing Examiner's decision 1 I House Plans Resolution in Final Form j I 1 City Clt Tukwila Steven M. Mullet, Mayor X 11 (1!t €0 t1.1% Department of Community Development Steve Lancaster, Director 1908 MEMORANDUM To: The City Council From: Steve Lancaster, DCD Directo Date: April 11, 2007 Subject: Disposition of surplus property t' Habitat for Humanity Issue The City of Tukwila currently owns property located at 12230 43 Ave South, which is no longer needed for a city facility and the City is considering declaring it surplus and has discussed offering the property to Habitat for Humanity of Seattle /South King County. Background The City obtained this property when it took over Water District 25 in 1991. The property is no longer needed for a city park or a public facility. Therefore the City is considering declaring it surplus. The Community Affairs and Parks Committee met on this issue on February 13, 2006, and recommended that the City surplus the subject property and donate it to Habitat for Humanity. The Committee of the Whole was briefed on March 26, 2007. The minutes of the COW meeting are attached. At the meeting the Council requested plans of the house that Habitat for Humanity is planning on building on the property. The plans are attached to this memo. The site plan shows that the proposed house will meet or exceed the front and rear setback requirements. Also, a front porch is proposed instead of the entire frontage taken up by the garage. Information regarding Habitat for Humanity was previously provided to the Council and Diane Gallegos from Habitat for Humanity had provided an overview of the agency at the March 26, 2007 meeting. In order to develop the property, Habitat for Humanity applied for a zoning code variance. Under the recently adopted code clarification for development of undersized lots, a zoning code variance is the required process for the development of lots that are less than 6500 sq. ft. in the LDR zoning district. The Hearing Examiner held a public hearing on March 28, 2007 regarding the variance request. Everybody within 500 feet of the property was notified of the hearing. One comment letter opposing the variance was received and no member of the MD Page 1 oft 04/11/07 O. \Sumhis Pronertv \Habitat for Humanity -4 -16 meetinQ.doc 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 public except the applicant attended the hearing. The Hearing Examiner has issued the decision approving the variance request. The decision is attached to this memo. If the Council deems it appropriate to declare the subject property surplus and donate it to Habitat for Humanity then the next step would be to adopt a resolution declaring it surplus and authorizing its donation. Pursuant to Tukwila City Policy 300- 07(2)(c), the City can dispose of property if it is done by a resolution and the Council consents. Per Washington State Constitution Article VIII Section 7, "No county, city, town or other municipal corporation shall hereafter give any money, or property, or loan its money, or credit to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm, or become directly or indirectly the owner of any stock in or bonds of any association, company or corporation." Recommendation Adopt the attached resolution declaring the property surplus and donating it to Habitat for Humanity. MD Page 2 of 2 04/11/07 Q: \Surplus Property\Habitat for Humanity -4 -16 meeting.doc City of Tukwila Page 2 of 5 City Council Committee of the Whole Minutes March 26 2007 fishermen's terminal to enhance the fishing industry as well as upgrading piers and harbors for tourism uses. Mr. Hara offered an overview on Port activities regarding environmental and cleanup efforts; noise abatement programs; pollution control methods; and regional involvement in a wide range of transportation related issues. An update was provided on the eastside rail swap for Boeing Field as well as possible future uses for Boeing Field. It was also reported the bid for the Light Rail Station came in at $47 million over the estimate. Additional discussions and collaboration with the other agencies involved in this project will continue in an effort to seek a resolution on this issue. The Councilmembers requested additional information and asked for clarification on specific elements of the presentation. Comments were exchanged regarding appreciation to the Port of Seattle for the sponsorship of training opportunities and outreach programs; the need for proactive efforts by the Port to establish a sense of goodwill for Tukwila residents; the importance of regionalism and partnerships in requesting federal funding for projects; and a request that the Port provide information on employment and training opportunities that could be beneficial to Tukwila citizens. The Mayor and Council thanked Mr. Hara for taking the time to provide this important update on Port of Seattle activities. Anna Bernhard, 14241 59th Avenue South, indicated that air traffic gets much worse from year to year in her neighborhood. The planes roar overhead and the pollution and dirt that accumulates from the air traffic is unhealthy. She expressed concern about what she considers a worsening situation. CITIZEN COMMENT Jackie Dempere, 4033 South 128th Street, stated she is experiencing difficulties with the process involving a building permit to move her house approximately 30 feet. Her home encounters flooding on a regular basis, and she feels the City's requirements are burdensome. In her view the City's ordinance is not applied equally to everyone, and she would like the matter reviewed. Council President Griffin asked Ms. Dempere to send her an email with any other issues of concern. SPECIAL ISSUES a. A resolution declaring property at 12230 43rd Avenue South surplus and authorizing its donation to Habitat for Humanity of Seattle /South King County. Councilmember Linder indicated this item was discussed at the Community Affairs and Parks Committee meeting on February 13, 2007. The committee members were unanimous in recommending approval. Minnie Dhaliwal, Senior Planner, provided background information on this topic. The City of Tukwila currently owns property at 12230 43rd Avenue South. The property is zoned Low Density Residential (LDR) and the lot area is 3000 square feet. The City obtained the property when it took over Water District 25 in 1991. The Duwamish Improvement Club was meeting in the building located on the property, which was called Peterson Hall. The structure needed major repairs, and the Duwamish Improvement Club now meets at the Community Center. The City no longer has a need for this property and is considering declaring it surplus and has discussed offering the property to Habitat for Humanity of Seattle /South King County. Diane Gallegos, Associate Director of Habitat for Humanity, came forward to introduce a video presentation on the program. Ms. Gallegos then explained the requirements that need to be met for those low- income families involved with Habitat for Humanity. Families need to be earning between 25- 50% of the median income, and they are required to put in 500 hours of "sweat equity" into the construction process of their home. The families are afforded training opportunities regarding basic construction and tool usage, landscaping, home maintenance, and budgeting. They are then provided a no- profit, no- interest loan with a note held by Habitat for Humanity. A "silent second" mortgage is also held by Habitat for Humanity for the difference between the loan amount and the appraised value of the home (to prevent anyone from immediately selling the home for the equity). Habitat also has the right of City of Tukwila Page 3 of 5 City Council Committee of the Whole Minutes March 26. 2007 first refusal in the event a family wants to refinance or sell the home. Renting of the property by the family is not allowed. Ms. Gallegos conveyed that Habitat for Humanity volunteer crews and subsequent homeowners have been well received in local neighborhoods. No religious affiliation is required to be a partner family, and there is a great deal of diversity in the Habitat for Humanity program. The Habitat staff members maintain ongoing relationships with the families to ensure successful outcomes and to assist with problems that may arise. The Councilmembers expressed support for donating the property to Habitat for Humanity and recognized this worthwhile contribution to the community. They requested an explanation regarding development of this 3000 square foot lot in light of the City's minimum lot size requirement of 6500 square feet. Steve Lancaster, Community Development Director, indicated that Habitat for Humanity does intend to seek a variance to develop the property, and he provided an overview of the variance process. There would have to be something unusual in the size, shape or topography of the property. If the standards were strictly applied, the owner would be deprived of rights similar to those of neighboring property owners. The hardship cannot be one that was created by the property owner. A Hearing Examiner would determine if the criteria have been met. Any property owner with a 3000 square foot lot has a right to apply for a variance. If the size limit was not created by the owner, there is a good chance a variance would be granted. While the staff does make a recommendation regarding variance decisions, it is based on legalistic guidelines as opposed to subjective determinations. Mr. Lancaster pointed out the City will be signing off on the overall design of this structure if a variance is granted, and the proposal can be brought forward to the Council after the decision of the Hearing Examiner. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE APRIL 16, 2007 REGULAR MEETING. b. Street names for two new urban center streets in the area known as Southcenter Square. Councilmember Linder indicated this item was discussed at the Community Affairs and Parks Committee meetings on January 23, 2007 and February 13, 2007. The committee members recommended forwarding the issue to a Committee of the Whole meeting for consideration. Moira Bradshaw, Senior Planner, provided an overview of this issue. Two new half streets, which will eventually be extended beyond their current limits and expanded to a full width, are under construction as part of the Southcenter Square Project. The tradition in Tukwila is to give streets in the urban center a name (as opposed to numbering). Existing public streets include the names of a number of former Tukwila Mayors such as Strander, Minkler, Todd, and Baker. Suggested names for the "east street" are Bauch (for former Mayor Ed Bauch) or Harris (for past Councilmember and City Treasurer, Mabel <Mae> Harris). Mon Wig of Wig Properties, developer of the Southcenter Square project, has asked that his family name of 'Wig" be chosen as one of the street names. It is being offered as a possibility for the "north street." Councilmember Hernandez expressed concern about the street intended to be named for former Mayor Bauch running along the back of the proposed development. She would like to see a street named for a former Mayor have more prominence. Ms. Bradshaw indicated that as the urban center develops, this street would become a through- street that connects South 168th Street and would have greater significance in the area. Discussion took place among the Councilmembers and consensus existed for the "north street" to be named for the "Wig' family and the "east street" to be named for former Mayor Ed Bauch. CITY OF TUKWILA HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION PROJECT INFORMATION SUMMARY iir APPLICATION: Variance to allow construction of a single family house on a lot that does not meet the minimum lot size in the Low Density Residential (LDR) zone. The lot is 3000 square feet, and the minimum lot size is 6500 square feet. LOCATION: 12230 43rd Avenue South FILE NUMBER: L07 -017 APPLICANT: Tom Gaylord for Habitat for Humanity OWNER: City of Tukwila COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (LDR) ZONING DISTRICT: Low Density Residential (LDR) SEPA DETERMINATION: Exempt PUBLIC HEARING: March 28, 2007 The following persons offered testimony at the hearing: Minnie Dhaliwal, Senior Planner, Depai tiuent of Community Development Jack Pace, Deputy Director, Department of Community Development Tom Gaylord for Habitat for Humanity, Applicant, 15439 53` Avenue S. #B, Tukwila, WA 98188 EXHIBITS: The following exhibits were entered into the record: 1. Department's staff report, dated March 20, 2007 Attachment A: Variance application Attachment B: Site Map Attachment C: Aerial Photo Attachment D: Applicant's response to variance criteria 2. Letter from Teri Svedahl, 12227 44 Avenue South, Tukwila, WA 98178 3. GIS Map showing lot sizes in vicinity of site Hearing Examiner Decision L07 -017 Habitat for Humanity Variance Page 2 of 4 Introduction The applicant, Tom Gaylord for Habitat for Humanity, seeks variance approval pursuant to TMC 18.72.020, to allow construction of a house on a lot not meeting the minimum lot area requirement in the Low Density Residential zone. The public hearing on the application was held on March 28, 2007, at 7 p.m., at the Tukwila Community Center, 12424 42 Avenue South, Tukwila. Represented at the hearing were: the Department, by Minnie Dhaliwal, Senior Planner, and Jack Pace, Deputy Director; and the applicant, by Tom Gaylord. No member of the public offered testimony at the hearing. One written comment was received, from the owner of property located immediately east of the site. The Hearing Examiner inspected the site on March 28, 2007. After due consideration of the evidence presented at the public hearing, the following shall constitute the findings of fact, conclusions and decision of the Hearing Examiner on this application. Findings of Fact 1. The property consists of a lot which is located at 1223043` Avenue South in the City of Tukwila, and legally described as Lot 10, Block 2, of the Allentown Addition to the City of Seattle. The King County Parcel Number is 0179000270. 2. The property is zoned Low Density Residential (LDR), and the minimum lot size in the zone is 6500 square feet. The Comprehensive Plan designation for the area is LDR 3. The lot is 3000 square feet, and is 30 feet wide by 100 feet long. The property fronts on 43` Avenue South, which lacks full street improvements at this location. The property is not in common ownership with any of the adjacent lots. 4. The site was part of the Allentown plat which was platted in 1896, and many of the lots in Allentown are approximately 3000 square feet. There are lots of varying sizes in the vicinity, including lots that were combined to create larger lots. Housing in the area is a mixture of new and older homes of various sizes. 5. The property was owned by Water District 25 from 1948 until 1991, when the Water District, along with this property, was taken over by the City. The property is currently developed with a structure "Peterson Hall which was formerly utilized by a community group but is no longer in use. The City is considering declaring the property as surplus, and the applicant, Habitat for Humanity of Seattle /South King County, is applying for the variance prior to acquiring the property. Hearin Examiner Decision Hearing is on L07 -017 Habitat for Humanity Variance Page 3 of 4 6. The Basic Development Standards within the LDR zone are set forth in the Department's staff report at page 3. Comprehensive Plan policies 7.3.1, 7.6.4 and 7.6.6, set forth at the staff report at pages 5 -6, pertain to single family uses within the City. 7. The Department recommends that the application for the variance be approved. At hearing, Department staff advised that it was no longer recommending the condition found on page 7 of the staff report (regarding the signing of a no- protest agreement) because the City has no immediate plans for street improvements in this area. 8. The application by Habitat for Humanity is for the construction of a two- story, single family residence on the lot. The proposed house would meet all development standards including height and setbacks, and would provide larger front and rear yard setbacks than are required by Code. The rear yard setback (to the east) would be approximately 30 feet rather than the required 10 feet; and the front yard setback from the deck would be approximately 25 feet instead of the required 15 feet. 9. TMC 18.70.030 sets forth criteria for development of lots not meeting basic development standards, and provides that this subsection does not prevent the owner of a substandard lot from applying for or receiving approval of variances pursuant to TMC Ch. 18.72. TMC 18.72.020 contains the criteria for granting a variance. Conclusions 1. The Hearing Examiner has jurisdiction over this application pursuant to TMC 18.104.010 and 18.108.030. Under TMC 18.72.020, all of the variance criteria must be met in order for a variance to be granted. 2. The variance would not constitute a grant of special privilege inconsistent with limitations on other properties in the zone or vicinity. The variance would permit the applicant to develop a single family home on a lot that is the same size as many other lots in the immediate vicinity. The area was platted with 3000 square foot lots which have been developed and with single family houses, and the application does not seek relief from other development standards. Prior to 2005, the Code allowed an applicant to construct one house on an existing lot regardless of the lot size, but TMC 18.70.030 now requires that lots under common ownership be combined in order to meet the minimum lot size. The lot is not in common ownership with adjacent parcels that could be combined, so the variance would not constitute a grant a special privilege inconsistent with TMC 18.70.030. 3. Denial of variance relief would deprive the applicant of use rights and privileges permitted to other properties in the vicinity and zone. The lot was platted in 1896, prior to the adoption of the current minimum lot size requirements, and as a result, many of the other developed lots in the vicinity are less than 6500 square feet. Hearing Examiner Decision L07 -017 Habitat for Humanity Variance Page 4 of 4 4. No material detriment to the public welfare or injury to property or improvements in the vicinity or zone would be created by grant of the variance. The variance would allow the construction of a modest -sized single family home that would meet all development standards, including those for height, setbacks and parking. The proposed house will have large front and rear yard setbacks that exceed the Code requirements, and which will provide additional separation between the new house and the property to the east, as well as to 43 Avenue South. 5. The implementation of the Comprehensive Plan would not be adversely affected by the variance. The Comprehensive Plan designates this neighborhood as LDR, and the variance would be consistent with the policies applicable to residential neighborhoods. Policy 7.3.1 (supporting the preservation of single family neighborhoods) and Policy 7.6.4 (supporting the development of in -fill housing, including affordable housing) a"re clearly consistent with infill development of a single family house on this lot. Policy 7.6.6, while specifically referring to the development of regulations, speaks of promoting compatibility of scale and appropriate siting. The proposed site plan and scale of development would be consistent with this policy language. 6. The variance is required in order for the applicant to enjoy a substantial property right possessed by other property owners in the zone and vicinity. Without the grant of a variance for lot size, the property could not be utilized consistently with the zoning and the existing pattern of development. The property can be developed for single family residential use, but other uses permitted in the zone, e.g., veterinary clinics or parks, are not feasible on a lot of this size. Thus, the variance is necessary to allow this property to be developed and to enjoy the rights possessed by other properties in the zone and vicinity. 7. The application meets all of the variance criteria, and should be approved. Decision The requested variance is hereby approved. Entered this 5 day of April, 2007. Anne Watanabe Hearing Examiner Concerning Further Review TMC 18.108.030.0 states that "The decision of the Hearing Examiner shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C." s 1 -PS 1 2 i tr-S 1 bow... .11 b 5: 1 1 224135 011 1 I g 1 I I I 6 0 Figi I 44 1 I 1 i; I 1.1 i I 77', \N t a r 1 9\ \s,•:•\;:• ..':.:1' L\ i.:•:.. .-.,:„•:,,,ss„.„ \\x„,..,..-.„ --,:-:-.;:..N N ',‘■..-,`■'s r i. 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N r .D O NWO r 0 O r w OJT gsti o 111 .44 le 1 N e s 4. i 1908 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING THE PROPERTY LOCATED AT 12230 43RD AVENUE SOUTH TO BE SURPLUS, AND AUTHORIZING ITS DONATION TO "HABITAT FOR HUMANITY OF SEATTLE/SOUTH KING COUNTY." WHEREAS, the City of Tukwila currently owns the property located at 17730 43rd Avenue South (King County Parcel Number 017900- 0270), hereinafter referred to as "subject property"; and WHEREAS, the City of Tukwila obtained the subject property when it took over Water District 25 in 1991 and does not need it for a City park or any other public facility; and WHEREAS, the structure located on the subject property needs major repairs; and WHEREAS, Habitat for Humanity of Seattle /South King County is a non profit organization dedicated to eliminating poverty by providing homes to low income families, by acquiring property from community sources, and by building homes using volunteers who donate their time, money and materials; and WHEREAS, Habitat for Humanity has requested that the City of Tukwila donate the subject property to them, and has agreed to acquire the property as -is, along with the dilapidated structure. Habitat for Humanity has agreed to be responsible for all fees, and preparation of the site for development, including demolition of the existing structure, and meeting all Tukwila City Code and State regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Surplus. The property located at the address of 12730 43rd Avenue South (King County parcel number 017900-0270) is dedared to be surplus. Section 2. Mayor Authorized to Donate the Subject Property. The Mayor is hereby authorized to donate the property, as described in Section 1, to Habitat for Humanity of Seattle /South King County. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2007. ATTEST/ AUTHENTICATED: Verna Griffin, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerv. Passed by the City Council Office of the City Attorney Resolution Number C:1Documents and SettingslAll Users\Desl top\ Kelly\MSDATA\P.esolutions∎Smplus Property Habitat for Humanity.doc MD:ksn 4/12/2007 Page 1 of 1