HomeMy WebLinkAboutCOW 2004-06-28 Item 4C - Zoning - Modify Length Restriction on Cargo Containers Used as Accessory Structures COUNCiLAGENDASYNOPSiS
I ~ 0 Meeting Date Prepared by Mayor's review Council review
i-'l 6/14/2004 SL ~ ,?/~ ~.
6/28/04 SL , (,.~,
ITEM INFORMATION
CAS Number: 04-092 I Original Agenda Date 6/28/04
Agenda Item Title: Modifying the length restriction on cargo containers that are used as accessory strUctures in
certain zoning districts and clarifying appeal rights in regards to cargo container permit
applications.
Original Sponsor: Council Admin.xxx
Timeline:
Sponsor's Summary: Revisions to 18.50.060 (C) (1), changing the length restriction of cargo containers being used
as accesso~ structures in the LDR, MDR, HDR, RC, RCM, TUC, and C/LI from 30 feet to 40
feet. Clarifying the appeal rights for submitted applications.
Recommendations:
Sponsor:
Committee:
Administration: Change the length restriction listed in 18.50.060 (C) (1) from a maximum of 30-feet to a
maximum of 40-feet. Allow the Hearing Examiner to hear any appeals from decisions made
by the Director on placement of cargo containers.
Cost Impact (if known): NA
Fund Source (if known): NA
RECORD OF COUNCIL ACTION
-Meeting Da~e ~ Action ~ .
04/15/2002 Council adopted Ordinance Number 1989, regulating the use of cargo containers within the
City limits. The Ordinance eStablished a one-year grace period allowing existingcontainers
to be grandfathered if they met certain location and screening requirements.
APPENDICES
Meeting Date Attachments
03/23/2004 Minutes from Community and Parks Committee
3/23/2004 Memo from S. Lancaster to CAP
City of Tukwila
Department of Community Development Steve Lancaster, Director
TO: Committee of the Whole
FROM: Steve Lancaster, Director ,~
RE: Cargo Containers
DATE: June 15, 2004
On March 23, 2004, I gave the Community Affairs and Parks Committee (CAP) an update on
cargo container regulations that Were adopted in April of 2002 (Ordinance Number 1989).
The regulations allowed existing cargo containers in zones where they would not be permitted, to
be grandfathered if an application was submitted by April 15, 2003. Additionally, cargo
containers in excess of the 30-foot length limit would be allowed to be grandfathered if they
could meet all other development standards.
As I noted at the CAP meeting, most property owners who had existing cargo containers
submitted complied with the new regulations by either submitting a permit application or
removing the cargo container (See attached table). In enforcing the new regulations, staff has
discovered that there are still non-conforming cargo containers that are over the 30-foot length
restriction. Many of these cargo containers do meet the location and screening requirements, but
staff is unable to approve any applications to allow them to remain since the cargo containers are
in violation of TMC 18.50.060 (C) (1).
After reviewing the comments made at the CAP meeting, staffhas come up with the following
options regarding length issue:
Optibn A ~
Increase the maximum length of cargo containers to 40 feet. The 40-foot length limitation was
the original length that staff and the Planning Commission recommended when Council
considered the original cargo container regulations in 2002.
Option B
Remove the length restriction from the regulation. Cargo containers would still have to meet all
screening requirements that are laid out in the TMC.
Option c
Leave the regulations unchanged, this would require removal of containers that do not meet the
30 foot length requirement.
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665
Another issue that should be addressed is the appeal provision for individuals whose applications
to locate a cargo container on their site are denied. Ordinance 1989 does not list which body will
hear any appeals related to staff's decision on the permit application.
NEXT STEP
Staff would ask that COW refer this matter to the Planning Commission for their consideration
and to conduct a public hearing.
Original Inventory
Car~to Container Permits Issued
Tenant Address Status Zone
Penske Truck 12840 48 Ave S issued C/LI
O'Brien Cleora 2929 S 135th St issued LDR
General Builders Supply 4439 S 134th Pi issueo C/LI
Hayek's Leather Furniture 1015 Andover Park W issued TUC
Tukwila Baptist Churcl" 14742 Macadam Rd S issued LDR
Conquest Center 4617 $144 St issued LDR
Ryder Rental Truck 17850 West Valley Hwy issued C/LI
Cargo Container Permit Issued, after April 15, 2003, and after revieving 2nd violation letter
Occupant 4600 S t34th Place issued C/LI
Cargo Containers Issued for new sites.
Tukwila Food Pantry S. 128th Street Issued LDR
GT Development Corporation Interurban Ave Issued C/Li
Permits applied for but not issued
Appied After 15-Apr-03 Status
· H&S Properties 13925 Interurban Ave. Denied RCM aoes not meet screening requirements
NAPA Auto Parts 14013 TIB Denied NCC not allowed in zone, reached
agreement on removal of container
Tukwila School District 4640 S t 44 St Pending LDR does not meet length s~andards
Adam Greenhaigh. 2904 S 128th Street Denied O not allowed in zone, H~aring Examiner
affirmed the City's Decision
Note: The indivduals who applied after Apd115, 2003 did so omy after receiving the 2nd notice.
Car,qo Containers that Have Been Removed After 1st Notice
Tenant Address Zone
Robb William Eric 6542 Southcenter Bird LDR
McManus Susan L 4430 S 158 St LDR
Barnes John and Jean 15828 51 Ave S RCM
Patterson Craig A 3910 S 113 St LDR
Occupant 6801 S 180 St TUC
Doak, Daryi 4058 S 148 St LDR
Occupant 4059 S. '~58th St. LDR
Be~gseth 13409 40 Ave S LDR
Chanes 14790 58 Ave S LDR
No Response From Two Notices
Tenant Name Address minor zoning
Occupant 14517 Macadam Rd S 31 LDR
Occupant 4600 S 134 St 35 C/LI
Occupant 13319 56 Ave S 110 LDR
Tukwila Tosco (76) 13310 Interurban Ave S 113 C/LI has talked with City, 40
foot container on site
Hope Thomas 15603 42 Ave S 290 HDR
Kaycan Building Products 17680 West Valley Hwy 9017 C/LI
New Sites
City of Tukwila Minkler Shop TUC
Occupant 551-581 Strander Blvd TUC
.................. Department of Community Development steve Lancaster, Director
MEMO
TO: CAP Committee Members
FROM: Steve Lancaster, Director
RE: Update on Cargo Containers
DATE: March 15, 2004
On April 15, 2002, the City Council passed Ordinance Number 1989 regulating cargo
containers being used as accessory buildings within the City of Tukwila.
The Ordinance allowed cargo containers to be used outright within the Light Industrial
(LI), Heavy Industrial (HI), Manufacturing Industrial Center/Light (MIC/L),
Manufacturing Industrial Center/Heavy (MIC/H), and Tukwila Valley South (TVS)
zoning districts.
New cargo containers may be allowed as accessory to institutional uses (schools,
churches, food banks, etc) in the following residential zones, Low Density Residential
(LDR), Medium Density Residential (MDR), and High Density Residential (HDR).
Cargo Containers may be permitted in the Regional Commercial (RC), Regional
Commercial Mixed Use (RCM), Tukwila Urban Center (TUC), and Commercial/Light
Industrial (C/LI) as accessories for any permitted or conditional use. All new containers
in these zones are subject to a Type II special permission decision and the restrictions in
the various zoning districts.
The criteria for approval of the special permission are listed below:
1. Only two cargo containers will be allowed per lot, maximum length 30 feet.
2. The container is located to minimize the visual impacts 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 even the placement of cargo
containers behind, between or, within buildings.
4. If located adjacent to a building a 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.
6300 Southcenter Boulevard, Suite #100 * Tukwila, Washington 98188 * Phone: 206-431-3670 · Fax: 206-431-3665
7. Outdoor cargo containers may not be refrigerated.
8. Outdoor cargo containers may not be stacked.
Cargo containers are not permitted in the following zones, Office (O), Mixed Use Office
(MUO), Residential Commercial Center (RCC), and Neighborhood Commercial Center
(NCC).
Owners of existing cargo container in non-industrial zones were allowed one year to
"grandfather" their containers. They had to apply for a special permission permit with
the City by April 15, 2003 or the containers had to be removed.
Prior to adoption of the Ordinance 1989, staff attempted to locate existing cargo
containers that would be affected by the ordinance. Staffutilized aerial photos, citizen
complaints, and staff observations and found 28 sites within the City where cargo
containers were located that now need to be permitted under the new ordinance. Twelve
of these sites were located within LDR zones. In conducting this survey, staffmade an
effort to have a complete record of all existing containers in the City, yet staff was
limited to conducting the survey from the right of way. There may be some containers in
the City that were missed or have been added illegally after staff conducted the initial
survey.
As required by State Law a brief summary of the ordinance was published in the Seattle
Times. On two separate occasions staffutilized the Hazelnut to inform residents and
businesses of the new regulations.
In July of 2002, staff sent out notices to the occupants and property owners of the 28
sites. The notices included a brief overview of the new regulations, copy of the
ordinance, and an application form.
By the April 15, 2003 deadline, eight permits were issued to existing sites and six cargo
containers were removed. Additionally, three cargo containers were approved at new
sites.
In December of 2003, staff sent "second notices" to the tenants and property owners of
the remaining sites who did not respond to the first notice. In this notice the City
informed the tenants and property owners that the cargo container must be removed.
After the second notice the City received four more applications for cargo containers.
Two of the applications were within zones that no longer permit cargo containers.
Additionally, another property owner submitted application for a pre-existing cargo
container that is 40 feet in length, ten feet greater than what is now permitted. Since they
submitted after the April 15, 2003, deadline the containers cannot be grandfathered.
As noted, two applications were submitted after the April 15, 2003 in zoning districts
where cargo containers are no longer permitted. Staff reached an agreement with one of
the businesses to have the cargo container removed. Staff denied the other pending
application and the applicant has since filed an appeal.
After sending out the second notice staff conducted a new inventory of the remaining
sites, and it appears that three more of the sites removed the cargo containers voluntarily.
There are now five sites on the inventory where non-permitted cargo containers exist and
staff has had no contact with the tenant or property owner.
Chronology of Illegal Sites in City
~e 20
E 15 [* Series1
Prior to After After
4/15/024/15/032/15/04
Date
Community and Parks Uommittee
March 23, 2004
Present: Pam Linder, Chair; Joe Duffle, Pam Carter
Steve Lancaster, Brandon Miles, Bruce Fletcher, Rhonda Berry, Pat Brodi, n., Lucy
Lauterbach; Todd Heistuman, Eric Reinhardt-developers
1. $7th Mini Park Proposal The Committee had asked for more information at their last
meeting, and Pat Brodin supplied some facts. The current small park in Foster Point was a street
right of way that enabled Public Works staff to repair a drainage problem with installing a 24:'
outfall at the fiver there. This drain is now even more important, as it will handle all the storm
water collected with the improvements going into Foster Point. Construction on the Foster Point
improvements is likely to start in August. As the new sewer pipes will be in the streets, the
project will be a little difficult for residents there while work goes on. Pat said there were no
bank stability problems at this site. Steve Lancaster said Todd and Eric had a pre-application
meeting in August 2002, and the preliminary plan they showed then looked as if would work
very well. Steve said it is unusual that a short plat can be so easily fit onto land, as this piece is
both flat and fronts on two streets. The development plans an alley for easy access to the backs
of some homes. Todd said he normally develops high-end homes, but wanted to showcase
techniques that could make lower cost homes attractive. The problem with their selling this land
to the City as a mini park is that the City has no funds. Bruce said next week is the application
deadline for Conservation Futures grants. These are 50% grants, and we would need to be
creative to fund our share. It is possible a land donation could be that match, but details are
needed to figure things out. The Committee gave permission to apply for the grant, with the
stipulation that if no match is found, we will withdraw the application. The cost of the land is
somewhere around $160,000. Informatiom permission given to apply for grant.
2. Facilities Interlocal Agreement As the last interlocal agreement regarding facilities was
done in 1996, it is due to be updated, and a committee was formed to work on various issues
relating to facilities. The resulting draft interlocal addresses general school and city facilities.
Pam C noted the agreement covers recreational facilities like gyms, but not meeting rooms like
........... _the Foster Commons, .which the City occasionally uses for meetings. The Committee agre~lyand
asked Bruce to see if other rooms could also be covered. Pam C asked about maintenance of the
Showalter Field, as both the school and the City have said the other maintains it. Bruce said we
mow and water it, but they line it, so maintenance is shared. Drainage there is not good, he said,
and has caused some problems. There will be separate interlocals for use of the new stadium, the
pool, and the performing arts center. Bruce will attend the school board meeting this same
evening to ensure they also approve of the interlocal. Recommend interlocal to COW and
Regular Meeting.
Update on Cargo Containers Steve and Brandon talked about the'cargo containers and their
rmissibility in the City. When the City passed an ordinance in 2002 regulating where the
container could be used, an aerial picture was made and reports and visual inspections were done
to try to find out where all the current cargo containers were. Those that did not meet the criteria
were allowed a year to apply for a "grandfather" clause that would allow them. Steve said there
were originally 28 containers. The screening size was set at 30'. Of the 28, 10 were given