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HomeMy WebLinkAboutPermit 91-10-SPE - CITY OF TUKWILA - KLICKITAT SENSITIVE AREA WAIVER91-10-spe klickitat drive 53rd avenue south south 160th street epic-27-91 dns issued city of tukwila public works Minutes - Regular Meeting May 20, 1991 Page 4 Public Hearings ( con't) Hearing Closed -8:25 p.m. Request. for Waiver to Ord. :1544:(moratorium City. of Tukwila Public Works, Department CRITICAL AREA SENSITIVE AREA vegetation is gone in the area. One or two existing trees may be removed but will be replaced. There are no watercourses on the property. Timothy Thomas, applicant, explained that his tenants constructed the gravel parking lot without his knowledge. He stated that his tenants face a hardship due to inadequate parking, and he does not wish to continue being in violation of the zoning code. Council President Robertson inquired whether there was any hardship or "just cause" for pursuing the process at this time instead of waiting for another month until the SAO is passed. Rick Beeler responded that there did not appear to be any reason to process the waiver prior to the passage of the SAO. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO DENY THE REQUEST FOR WAIVER BECAUSE NO HARDSHIP HAS BEEN SHOWN.* Councilmember Rants commented that if the waiver is not granted, Council is givin the applicant approval to operate outside of the City's zoning code. Council President Robertson responded that the applicant is not recalcitrant. He is trying to work through the problem. It would not be in the City's best interest at this time to seek some type of administrative action against the applicant. Councilmember Hernandez added that the hardship provision had not been met. *MOTION CARRIED WITH RANTS VOTING NO. WAIVER IS DENIED. The hearing was opened at 8:28 p.m. Assistant Planner Ann Siegenthaler explained that this request involves two project components: 1) minor street widening including retaining walls and rockeries, and 2) roadside pedestrian paths. The location of the project is along Klickitat Drive, 53rd Ave. So., and South 160th. The ped path is designed to be an elevated path along two slopes. The project is affected by the moratorium due to the steep slopes classified as Class III landslide hazard areas. Public Works is requesting the waiver to allow them to go through the SEPA review process and to initiate construction of the various street improvements. The project will have direct impacts on the slope. In order to widen the roads, the banks along the roadside will have to be cut and retaining structures put in. The pedestrian path along Klickitat will require some posts to be anchored into the slope to support the structure. Due to the tight time schedule being experienced by Public Works, it is important that they be able to proceed with the SEPA review process and review the geotechnical reports. Attorney John Colgrove commented that according to Ordinance 1582, SEPA can be initiated but cannot be finalized until passage of the SAO. Councilmember Duffle asked what hardship would occur if the a pplicant were asked to wait until after the SAO was adopted. Ms. iegenthaler responded that Public Works would be unable to meet their project schedule. City Engineer Ron Cameron added that a delay would cause this project to fall into the timeline of other major projects. The South 160th project was designed, bid, and put on hold for two years. Approval has been obtained from WSDOT for the ped paths. If this project is not approved at this time, the state may request that the project be put on hold for another year to avoid wintertime construction. Addressing the safety issues, Councilmember Robertson noted that the improvements to the onramp can't be done without removing the jersey barriers. If those barriers are removed without building a pedestrian path up above, there is no safe place for pedestrians to walk along Klickitat. Minutes - Regular Meeting May 20, 1991 Page 3 Public Hearings (con's) Hearing Closed - 7:58 p.m. Request for Waiver to Ord. 1544 (moratorium) - Timothy Thomas division application. This alternative would also likely avoid impacts to the on -site watercourse. If the stream was to be relocated, it would be best to locate it closer to the road, thereby avoiding impacts to neighboring property. Scott Clark, 4431 So. 144th St., realtor representing the property owner, Ina Flansaas, explained that the ditch is six to eight feet deep along most of its lenggtth and has been classified as a Class III watercourse. Mrs. Flansaas is suffering from a terminal illness and requests whatever outcome can be reach in the most timely manner and which yields the highest market value of the property. In his opinion, a short plat would do this; however, allowing a single family structure to be constructed on the southern portion of the property would cause no impact to the watercourse nor would it require the watercourse to be relocated. Tukwila resident Mel Roberson stated that the main water stream is on the south side of 148th and is a runoff from Highway 99 and 148th. In his opinion it is surface water runoff and should be addressed under surface water management. It should not be addressed as a watercourse. Councilmember Ekberg asked if the property was developed for a single farily residence at this time, could it be short platted,in the future. Rick Beeler, DCD Director, responded that it would be possible as long as the single residence was properly situated. Councilmember, Robertson commented there appeared to be a hardship involved; however, in the past Council had discounted waivers to applicants merely to expedite their ability to sell the property. A waiver was considered only after review of site specific plans. Councilmember stated he was to granting a waiver as the SAO should be passed w th n a month. j MOVED BY EKBERG, SCONDED'$Y HERNANDEZ, TO GRANT THE WAIVER FOR PRO¢±SSING OF ONE BUILDING PERMIT BUT NOT FOR THE ISSUANCE OF A BUILDING PERMIT SO THAT PROPERTY /CAN BE POTENTIALLY DEVELOPED FOR A SINGLE RESIDENCE ON THE SOUTHERN SECTION OF LOT, SUBJECT TO THE APPLICANT FILING AN AGREE ` NT TO CONFORM TO THE ADOPTED SENSITIVE AREAS OINANCE.* Councilmember Duffle voiced his opposition to the motion. Councilmember Lawrence expressed his support due to the hardship issue. Speaking for the motion, Council President Robertson added that the waiver would not be of any real threat' to the sensitive area on the property. *MOTION CARRIED WITH DUFFLE VOTING NO. WAIVER IS GRANTED WITH CONDITIONS. The hearing was opened at 8:10 p.m. Gary Schulz explained that Mr. Thomas is requesting a waiver so that he may apply for and obtain building permits to construct paved parking. The proposed parking lot would be located at the northwest corner of his property directly south of 5205 S. 151st St. The current gravel parking area was constructed without City permit and approval; subsequently, it is a violation of the zoning code. The site contains a slope identified as a Class II landslide hazard (15 -40 %) along the easternmost portion of the property. A portion of the slope is in the I -5 right of way. It appears that the existing area that is flat and gravelled is the area the applicant intends to pave. Granting this waiver would resolve the code violation. Council President inquired about drainage in the area. Mr. Schulz responded that there appears to be a storm system in 52nd Street. In response to Councilmember Hernandez' question about the effect on vegetation in the area, Mr. Schulz commented that most of the Minutes - Regular Meeting May 20, 1991 Page 5 Public Hearin¢s (con't) Hearing Closed 8:48 p.m. NEW BUSINESS Ordinance Providing for the Takeover of W.D. #25 Ordinance to Acquire Permanent Levee Easement for Lower Green River Flood Control Project MOVED BY EKBERG, SECONDED BY HERNANDEZ, TO ALLOW..THE PETITIONER TO. APPLY FOR AND. OBTAIN SEPA DETERMINATION.* Speaking to the motion Council President Robertson stated that the hardship involved was obvious. If the project slides, the potential for accidents at the I -5 intersection will continue. Councilmembers Lawrence and Hernandez concurred. Councilmember Ekberg added that although the jersey barrier has provided a level of safety for the ped path in the past, protection will increase with the improvements. *MOTION CARRIED. MOVED BY DUFFLE, SECONDED BY LAWRENCE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance of the City Council of the City of Tukwila, Washington, assuming jurisdiction of the territory of Water District No. 25, and establishing an effective date. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT ORDINANCE NO. 1597 BE ADOPTED AS READ.* Ross Earnst explained that at the present time the City is taking over the whole of VAT D. #25. The City has begun discussions with Seattle regarding future plans for the areas east of I -5, which includes part of W.D. #25; however, those plans have not been finalized. Negotiations will also take place with W.D.#125 which includes some Foster Point areas. Councilmember Lawrence noted his concern about the City making expensive upgrades to these districts in advance of the negotiations when it likely the service areas may by turned over to another district. Earnst stated that the decision to upgrade these systems will be made prior to turning them over. He added that if they are not upgraded, the City may have to pay another district to take them over. *MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance authorizing the acquisition by negotiation or condemnation of permanent levee easements on property described below, as described below, to be used for the purposes of and in connection with the construction, maintenance, reparation and operation of the 1991 Section 205 Project, CWIS 91634, also known as the Lower Green River Flood Control Project. MOVED BY DUFFIE, SECONDED BY EKBERG, THAT ORDINANCE NO. 1598 BE ADOPTED AS READ.* Councilmember Hernandez, Utilities Committee member, explained that there were 28 property owners asked to provide an easement to the City for the dike project. Of the 28 only one property owner refused. The City may be forced to condemn the property (the easement land only) if an agreement cannot be negotiated. Funding has been set aside for the project; postponement could threaten its completion this year. Nolan Gilbrow, project manager for the Corps, noted there will be no Minutes - Regular Meeting May 20, 1991 Page 6 New Business (con't) A Resolution Approving an Interlocal Agreement with the City of Seattle for Possible Puichase of 800 Megahertz Radios • Seattle Center Bond Issue Resolution Rejecting Bids for Fire Apparatus Approve Contract with Perteet Eng. for Design Report for 40 -42nd Ave.S. construction on the easement land. This land will enable the City to enter the trail easement for maintenance or emergency repairs. *MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY DUFFLE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read a Resolution of the City Council of the City of Tukwila, Washington, approving an interlocal agreement with the City of Seattle for the purpose of jointly evaluating and potentially purchasing 800 megahertz two -way trunked radio systems. MOVED BY DUFFLE, SECONDED BY HERNANDEZ, THAT RESOLUTION NO.1182 BE APPROVED AS READ.* Chief of Police Ron Waldner explained that the City of Seattle extended the access of the outcome of their request for proposal for these radios to regional departments who are exploring the 800 \\ megahertz system. This will allow the City to get in on the best prices if a decision is made to proceed with the purchase of this equipment. \\ *MOTION CARRIED MOVED BY ROBERTSON, SECONDED BY MORIWAKI, TO SUPPORT THE SEATTLE CENTER BOND ISSUE.* Council President Robertson commented that although he does not agree with the entire proposal, this is a vital issue to Tukwila residents as well as residents throughout King and Pierce Counties as it will help to maintain the vitality to downtown Seattle. Councilmember Duffle agreed, however, he spoke against the motion referencing the many issues Tukwila residents the Councilmember Lawrenc not in favor of many of Moriwaki stated,he f the Seattle Center i Ives will face in the year to come. dded he also opposed the motion as he is e items in the proposal. Councilmember ored the motion and added that in his opinion actually a large community center for residents of King County. C t ncilmember Hernandez supported the motion, stating the residents _ themselves will be given the opportunity to decide the issue. / *MOTION CARRIED,WITH DUFFLE AND LAWRENCE VOTING NO. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. / /MOTION CARRIED. Attorney Colgrove read a Resolution of the City Council of the City of Tukwila, Washington, rejecting all bids for the purchase of a custom aerial fire apparatus. MOVED BY ROBERTSON, SECONDED BY RANTS, THAT RESOLUTION NO.1183 BE APPROVED AS READ.* Fire Chief Tom Keefe explained that only one bid was received and that it did not meet the specifications. He to take this item out to bid again if the resolution is approved. , *MOTION CARRIED. Council President Robertson questioned thenreference to a four lane road on 42nd Ave So. Ron Cameron, City Engineer, explained it was •.• 111•Nft ""7.1" NMI& MUI wtw. 101111a 4011 COASII Ill 11171 ANGLE LAKE THST PER I 81:40 Katt Put • PAM j .■•■•■■• ".■ J I1 Hll L D' 1 IthciGt, nCI CA II Jr • li'd[C;(01.11Wrgilfil 06 1991 ovit_A ill '4 —1 31 VICINITY MAP ATTACHMENT 1 A _ ''' — : — :.n... ----;::: ------------------------------------------ -------------- l..3 ..,-. ,, vit3P_ di. N [ ---- - 'ia flSl 1st , ... Ile t 1 " — .., lip .. .. -3 I . a ltilalunos r lg. .--- r , NtiglilagirlUr,7,-.. . -h. ..-------:------- EI -A f tyits s el ••• • . • P - -- • ":;."-Zv '.-•••."'. SI TE PLAN ATTACHMENT 119j) MAY f MAYO6;7 ) CITY OF Tunt,v PLANNING DEPT. 4 Sign \ ki 6,\11101‘11., 11[11 "1. -r-‘ivi r x 48.0 WOOD HANDRAIL 4 "x10" WOOD PLANKS • I8" DIA. DRILLED • CONCRETE FOOTING • .(10' ON ) ATTACHMENT 3 TYPICAL PEDESTRIAN PATH SECTION PP STA. 10 +00 TO STA. 18 +17.71 PP STA.18+24.71 TO STA. 22 +75 NTS MIAMI MAY 06 1991 CITY OF.TUKWILA • PLANNING DEPT. 6 FT CHAIN LINK FENCE . 4 "x 12" STIFFENER (5 FT. ON CENTER) 6 "xl2 "EDGE BEAM 6 "x 6" POST EMBEDDED IN FOOTING • EXISTING GROUND ! ! /7/.O I WY. • � 'H 1 ! s I16.:71-1 • ST \'v ?GFIo '. I I — �• I ti F" � JCS , 58- r 5 11 ATTACHMENT B: Site Plan 47 7G G ,