Loading...
HomeMy WebLinkAboutPermit 91-11-SPE - CLARK SCOTT FOR FLANSAAS INA - LOUDON REAL ESTATE SENSITIVE AREA WAIVER91-11-spe 14811 42nd avenue south loudon real estate Minutes - Regular Meeting May 20, 1991 Page 2 Citizen's Comments (con't) CONSENT AGENDA BID AWARDS PUBLIC HEARINGS Request for Waiver to Ord. 1544 (moratorium) - Loudon Real Estate neighboring cities. Councilmember Hernandez added that we are currently $64,517 ahead of the projected revenue for May and $140,962 ahead for the year. This represents a seven percent increase for the month and a three percent increase for the year. One reason for the fluctuation in sales tax revenue last month was a decline in construction by the Boeing Company who pays sales tax on their construction projects. In addition, new reporting procedures were instituted during this period. In conclusion, Hernandez stated that activity has picked up and she is hopeful that it will level off. In the meantime, Council is mindful of the situation. Council President Robertson agreed and added that based upon this month, there is no reason to assume that Tukwila has any problems at all; however, he warned against foolish spending. . a. Approval of Minutes: 4/15/91 and 5/6/91 b. Approval of Vouchers General Fund 167,336.73 City Street 35,364.61 Arterial Street 46,819.78 Land Acq., Building, Dev. 154,364.06 Facility Replacement (304) 340.00 Water Fund 14,609.06 Sewer Fund 77,827.32 Water/Sewer Construction 0.00 Foster Golf Course 35,320.96 Surface Water (412) 8,871.18 Equipment Rental 35,609.36 Firemen's Pension 45.00 TOTAL 576,508.06 c. Approval of regular full -time graphics position. d. Authorize Mayor to execute agreement with Perteet Engineering for design report on 40th - 42nd Ave. So. project. e. Authorize Mayor to execute agreement with G.C.I. in the amount of $126,322.00 for Andover Park West and Strander/Southcenter Parkway intersection. f. Approve budget transfer in the amount of $300,000.00 for Boeing access road bridge deck repair and authorize Mayor to sign the budget transfer motion. Councilmember Robertson requested that Items 7d, 7e, and 7f be removed from the Consent Agenda and discussed under New Business. MOVED BY MORIWAKI, SECONDED BY ROBERTSON TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY LAWRENCE, TO AWARD THE BID FOR THE PRINTING OF THE TUKWILA HISTORY BOOK TO OLYMPUS PRESS IN THE AMOUNT OF $25,615.00. MOTION CARRIED. The hearing was opened at 7:35 p.m. Urban Environmentalist Gary Schulz explained that the petitioner has requested a waiver to apply for and obtain permits for building single family residences on the Flansaas property location at 14811 - 42nd Ave. So. The site has an identified watercourse. The applicant cannot proceed with environmental and short sub - division review to develop two residential lots. An alternative for consideration is to consider the review process for a single building permit which would be without a short sub- Minutes - Regular Meeting May 20, 1991 Page 3 Public Hearings (con't) 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 length 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 shout 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 family 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 Feview of site specific plans. Councilmember. Duffle stated he was,opposed to granting a waiver as the SAO should be passedwithinra month. i ,\ l MOVED BY EKBERG, SECONDED- $Y HERNANDEZ, TO GRANT THE WAIVER FOR PROCESSING OF ONE BUILDING PERMIT BUT NOT FOR THE ISSUANCE OF A BUILDING PERMIT SO THAT PROPERTYCAN BE POTENTIALLY DEVELOPED FOR A SINGLE FAMILY RESIDENCE ON THE SOUTHERN SECTION OF THE LOT, SUBJECT TO THE APPLICANT FILING AN AGREEMENT TO CONFORM TO THE ADOPTED SENSITIVE AREAS ORDINANCE.* 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 STATE OF WASHINGTON ) COUNTY OF KING SS. Landowner Applicant Agreement To Be Subject To A Critical Area Sensitive Areas Ordinance The undersigned owner and developer of real property located at 14811 - 42nd Avenue South and more specifically described in Exhibit A attached hereto, hereby agrees, pursuant to the requirements of Tukwila Ordinance No.'s 1544 and 1550, that if the City of Tukwila will process the following applications: Allow building permit application to be processed but not allow the issuance of the building permit for the Flansaas Property. the development of the property described in Exhibit A will be subject to all of the Sensitive Areas Ordinance provisions as finally passed by the City Council even though those provisions may be more restrictive than any conditions or limitations imposed by or resulting from the processes described above. The Undersigned agree(s) that these processes will be continued solely at their risk and expense and that the result of the final Sensitive Area Ordinance may be to require extensive project modification and re- evaluation or recision of the above approvals. It is also understood and agreed that continuation of these processes does not mean that applications not pending on November 20, 1989, for this project, will be accepted or processed unless the City Council approves a petition therefor. The undersigned acknowledges that the covenants herein run with the land described in Exhibit A and that this document will be recorded with the King County Department of Records and Elections and that these covenants cannot be released without the written consent of the City of Tukwila. i On t i personally appeared before me 2 , to me known to be the individua described in and who executed this instrument, and acknowledged that s /he signed the same as a free and voluntary act for the uses an purposes herein menti• ed. l Dated 7 ! 1 9 N• ary Pu• lic in and for T e S at eington, resi at appointment expires pires 7 4-# �< RECORD OF SURVEY E 1/4 NWI /4 SECTION 22,TWP.23N.,RGE. 4 EW.M. KING COUNTY, . WASHINGTON 0 20 • 40 LEGAL DESCRIPTION: BEGINNING AT A POINT ON THE NORTH LINE OF BLOCK 2 OF FIRST ADDITION TO ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS ,ON PAGE 50, RECORDS OF KING COUNTY , 285.90 FEET EAST FROM THE NORTHWEST CORNER OF LOT 15 IN SAID BLOCK 2 ; THEN EAST ALONG SAID NORTH LINE 99.90 FEET ; THENCE SOUTH 210.00 FEET ; THENCE WEST 99.90 FEET; THENCE NORTH 210.00 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE EAST 5.0 FEET CONVEYED TO KING COUNTY BY DEED RECORDED' UNDER AUDITOR'S 'FILE No. 472356 FOR ROAD PURPOSES ; SITUATE IN THE COUNTY OF KING , STATE OF WASHINGTON; COMMON ADDRESS KNOWN AS 14811 - 42ND, SEATTLE, WA... LEGEND: p , INDICATES REBAR . a CAP 'No. 10708 SETS ®. INDICATES. MONUMENT FOUND AS NOTED. . • INDICATES IRON .SURVEY MARKER' FOUND.. SURVEYOR S • NOTES: SURVEY PERFORMED BY FIELD TRAVERSE METHOD.— - USING TEN SECOND TOTAL STATION. • BEARING BASIS: N 01 °05 "E BETWEEN MONUMENTS ON THE CENTERLINE OF 42ND AVENUE SOU-TH. SUBDIVISION PER W.P.A. BREAKDOWN AVAILABLE AT KING' COUNTY MAP' DESK. MONUMENTS SHOWN WERE 'VISITED MARCH 6,199.1 `:. SCALE: I" = 40' 80 • • i • CITY OF TUKWILA 6200 SOUTHCENTER BOULEVARD, TUKWILA. WASHINGTON 98188 STAFF REPORT TO THE CITY COUNCIL PETITIONER: Loudon Real Estate Inc. LOCATION: 14811 42nd Avenue S. located directly southwest of the intersection of S. 148th and 42nd Avenue S. PROPOSAL DESCRIPTION: Petitioner requests a waiver to apply for and obtain approvals to re -route identified watercourse, subdivide the property, and build single - family residences at 14811 42nd Avenue S. DATE PREPARED: 5/16/91 EFFECT OF MORATORIUM: IMPACT OF THE SENSITIVE AREAS ORDINANCE: PHONE 14 /2061433.1800 The site has a small, intermittent watercourse crossing through a portion of the property. This watercourse has been inventoried and mapped in the City of Tukwila's watercourse inventory (Jones & Stokes Associates, Inc. 1990). The watercourse is the uppermost Gary L. 6anDusen, Mayor The Moratorium (Ordinance No. 1544 - 1582) precludes filing of new land -use applica- tions in sensitive areas. Because the subject site contains a watercourse, the applicant cannot proceed with environmental and short subdivision review for permitting the development of two residential lots. The subject property is currently zoned single - family residential (R -1 7.2). The applicant requests a waiver of the Moratorium in order to complete environmental (SEPA) review including potential watercourse relocation, to prepare and file short subdivision plans, and to receive approval of all permits to construct single -family residences. Staff Report to the City Council Loudon Waiver Petition, 5/16/91 Page 2 portion of reach (22 -1) and has been assigned the lower rating of Type 3. It enters the property via a culvert under S. 148th Street and exits via another culvert under 42nd Avenue S.E.. Construction of one residence, without impact to the watercourse or its buffer, appears feasible on the southern portion of the property. Buffer and setback requirements may limit the construction of a second residence on the property's central and northern area. DESIGN CRITERIA: Ordinance No. 1550 states that the City Council shall use the following criteria to review waiver requests: 1. Intent of the Moratorium; 2. Best interests of the City weighed against the interests of the individual; 3. Circumstances and hardships caused by the Moratorium; and 4. Damage that could result from strict adherence to the Moratorium. ATTACHMENTS: • A. Vicinity Map B. Watercourse Map FOSTER GOLF COURSE SOUTHCENTER SHOPPING CENTER MAP ^MAP r. Loudon Real Estate, Inc. 16015 PACIFIC HWY. S. • SEATTLE, WA 98188 (206) 243 -8000 • FAX: 243 -8083 RECEIVED CITY OF TUKWILA APR 05 IN April 3, 1991 PERMIT CENTER Tukwila City Council Members 6200 Southcenter Boulevard Tukwila, Washington 98188 I write this letter on behalf of Ina K. Flansaas, who owns a parcel of land currently designated as a sensitive area under Tukwila Ordinance No. 1544. the parcel is commonly known as 14811 42nd Avenue South, and the legal description is Lot 17, Block 2, Adams Home Tract, 1st Addition. The parcel borders S. 148th on its north side and 42 Avenue S. on its east side. The purpose of this letter is to request a waiver of the sensitive areas moratorium on a portion of the property owned by Ina K. Flansaas. Mrs. Flansaas has been the owner of this parcel for more than 40 years. When she and her husband purchased it, there was a small house on the parcel which was accessed via 42nd Avenue South. The house was subsequently moved to the northwestern edge of the property, where it now rests as a derelict structure upon temporary blocks. There is a six -to -eight feet deep drainage ditch on the parcel which flows from the northwest portion of the property towards the eastern edge of the property and forms the hypotenuse of a large right triangle whose other sides are formed by the northern and eastern edge of the property. It is this drainage ditch which is classified as a water course according to the Sensitive Areas Ordinance. It is important to note that the designation of Mrs. Flansaas' property as a sensitive area occurs at or near the headwater or, in other words, the source of the watercourse. There are only two other parcels designated as a sensitive area upstream of Mrs. Flansaas' property, and both are on the north side of S. 148th. The designated watercourse crosses under S. 148th in a corrugated metal pipe, crosses Mrs. Flansaas' property, and then passes under 42nd Avenue South again in a corrugated metal pipe. Photos are enclosed for your review. Also enclosed is an engineer's contour depiction of the watercourse. While I certainly do not profess to be a trained biologist or ecologist, I am just as conservation minded as any other concerned citizen and property owner. It appears to me, and to Mrs. Flansaas, that the value of this watercourse, at least as it flows across her property, is of very low biological or biofiltration value. Tukwila City Council Members Page 2 As can be seen in the photos and in the drawing, the southern portion of Mrs. Flansaas property provides ample space to support a spacious single family residence, in conformance with existing zoning ordinances. It is, therefore, our request that construction of a single family residence be allowed in the southern section of the lot, with access off 42nd Avenue South, which section is 80 feet wide, prior to impacting the designated watercourse. Further, no construction would occur within 15 feet of the upper toe of the slope which drops down to the bottom of the drainage ditch. As an alternative, a waiver could be granted which allows realignment of the drainage ditch to the northern and eastern edge of the subject property so that the watercourse no longer follows the hypotenuse of the triangle, but rather the other two legs of the triangle. Whichever alternative is most expedient is the one desired by Mrs. Flansaas. The rerouting of the drainage provides the greatest benefit because it would then follow that the property could be subdivided into two buildable parcels. Time, however, is of the essence and granting immediate permission for construction or fill permits on only the southern portion of the property would be far more beneficial than waiting for some other determination in the distant future. This is a matter of urgent concern to Mrs. Flansaas. Mrs. Flansaas is suffering from terminal cancer and greatly desires to see this property sold in the shortest possible time. Currently, this property is in an unsalable condition because of the sensitive areas moratorium, and is thus of almost no economic value. This seems to me to be a travesty and an unconscionable outcome for a woman who has owned the property since the mid 1940's. Mrs. Flansaas needs to sell the property now to help defray her cost of health care. All inquiries about her property, which is listed by us for sale, have ended when the potential buyer learned of the sensitive area designation. Please give this matter your thoughtful consideration and assist us any way that you possibly can, consistent with the best interests of the community fairly measured against the needs of Mrs. Flansaas. We encourage you, the Council Members to view the property for yourselves to make your own determination. It seems only logical that new construction be allowed on the property since it has already supported a single family residence in the recent past. You may confirm any of these facts with Mrs. Flansaas' attorney, Frank Payne, at 839 -1730, 30640 Pacific Highway S., Federal Way, Washington 98003. cc: Ina K. Flansaas Frank Payne, Attorney at Law Sincerely, eel K. Scott Clark Irr CL/MH 060 CITY RECEIVED OR 05 Iir` 1 PERMIT CENTER Eoce %41 frosveove /5o.9 %i / .5, /s/8E Sr A/ 87'539W H .+ ..i / 4 2 J 14'3. p#2. rr • i M oN /N CAS! EL. N. AIM C4St ! /YS.10 EL. roP M.om! /f7.?0 B M.: R.R. SIME /N NE SIDE fowER "mar E «v. _ /108.Y2 RLE: c'e 20 ITT CL RAN 060 RECEIVED CITY OF TUKWILA APR I5 WI PERMIT CENTER al - '4 - ■3s... 1 6 4-0Fr e I 1r J1 • 14 1^ - to \ T t. NI #14 Cr . 4 • -- - - -1 ■ 7 ' ‹. ---4 *. ...._ i ,,. . A 1 4% I47. 7 . . •*'•%, '''' . \ ...\ . milli 19/.2.9 1 1) . \ • ... e % t • `s ‘s • . .. .. ' C , ' . ••• s \ s „ 1 '.„ •••■• `, , \ \ . • „ \ N \ ' V "" \\ \ .7 • • \ • ' o,•. \ O \ •\ \\, \ ...,:, i \ , 01. '' Pid..aps \ 0 1, 1 0 /50.9 \ , o r a • sne 97'53O 87. • i ••• I I N \II ■' , /4 d 8/ U B : R. R, ifrint IA Air sive liew4•4 frol.Ar . Loudon Real Estate, Inc. PERMIT CENTER Tukwila City Council Members 6200 Southcenter Boulevard Tukwila, Washington 98188 18015 PACIFIC HWY. S. • SEATTLE, WA 98188 (208) 243 -8000 • FAX: 243 -8083 RECEIVED CITY OF TUKWILA APR t 5 IN April 3, 1991 I write this letter on behalf of Ina K. Flansaas, who owns a parcel of land currently designated as a sensitive area under Tukwila Ordinance No. 1 544. the parcel is commonly known as 14811 42nd Avenue South, and the legal description is Lot 17, Block 2, Adams Home Tract, 1st Addition. The parcel borders S. 148th on its north side and 42 Avenue S. on its east side. The purpose of this letter is to request a waiver of the sensitive areas moratorium on a portion of the property owned by Ina K. Flansaas. Mrs. Flansaas has been the owner of this parcel for more than 40 years. When she and her husband purchased it, there was a small house on the parcel which was accessed via 42nd Avenue South. The house was subsequently moved to the northwestern edge of the property, where it now rests as a derelict structure upon temporary blocks. There is a six -to -eight feet deep drainage ditch on the parcel which flows from the northwest portion of the property towards the eastern edge of the property and forms the hypotenuse of a large right triangle whose other sides are formed by the northern and eastern edge of the property. It is this drainage ditch which is classified as a water course according to the Sensitive Areas Ordinance. It is important to note that the designation of Mrs. Flansaas' property as a sensitive area occurs at or near the headwater or, in other words, the source of the watercourse. There are only two other parcels designated as a sensitive area upstream of Mrs. Flansaas' property, and both are on the north side of S. 148th. The designated watercourse crosses under S. 148th in a corrugated metal pipe, crosses Mrs. Flansaas' property, and then passes under 42nd Avenue South again in a corrugated metal pipe. Photos are enclosed for your rem Also enclosed is an engineer's contour depiction of the watercourse. ~ While I certainly do not profess to be a trained biologist or ecologist, I am just as conservation minded as any other concerned citizen and property owner. It appears to me, and to Mrs. Flansaas, that the value of this watercourse, at least as it flows across her property, is of very low biological or biofiltration value. ( Tukwila City Council Members Page 2 cc: Ina K. Flansaas Frank Payne, Attorney at Law K. Scott Clark As can be seen in the photos and in the drawing, the southern portion of Mrs. Flansaas property provides ample space to support a spacious single family residence, in conformance with existing zoning ordinances. Q It is, therefore, our request that construction of a single family residence he allowed in the v southern section of the lot, with access off 42nd Avenue South, which section is 80 feet wide, prior to impacting the designated watercourse. Further, no construction would occur within 15 feet of the upper toe of the slope which drops down to the bottom of the drainage ditch. As an alternative, e a waiver could be granted which allows realignment of the drainage ditch to the northern and eastern edge of the subject property so that the watercourse no longer follows the hypotenuse of the triangle, but rather the other two legs of the triangle. Whichenultemative is most expedieij is the one desired by Mrs. Flansaas. The rerouting of the dra gr n. yi c th . st benefil„b ecause it would the ow that the orotray could, be ct,hd_ iyid rl into tsaun huildabl . parcel Time, however, is of the essence and granting immediate permission for construction or fill permits on only the southern portion of the property would be far more beneficial than waiting for some other detennination in the distant future. This is a matter of urgent concern to Mrs. Flansaas. Mrs. Flansaas is suffering from terminal cancer and greatly desires to see this property sold in the shortest possible time. Currently, this property is in an unsalable condition because of the sensitive areas moratorium, and is thus of almost no economic value. This seems to me to be a travesty and an unconscionable outcome for a woman who has owned the property since the mid 1940's. Mrs. Flansaas needs to sell the property now to help defray her cost of health care. All inquiries about her property, which is listed by us for sale, have ended when the potential buyer learned of the sensitive area designation. Please give this matter your thoughtful consideration and assist us any way that you possibly can, consistent with the best interests of the community fairly measured against the needs of Mrs. Flansaas. We encourage you, the Council Members to view the property for yourselves to make your own determination. It seems only logical that new construction be allowed on the property since it has already supported a single family residence in the recent past. You may confirm any of these facts with Mrs. Flansaas' attorney, Frank Payne, at 839 -1730, 30640 Pacific Highway S., Federal Way, Washington 98003. Sincerely, . is ` i ( ••• r. / . D14... NO. 91700Ba LAND a MINERAL SEIRVEYING ENGINEERING PLANNING & PLATTING COPPER TACK IN LS TAG . No 10957 - IN CONC.:MON.:IN CASE • `^^ BEGINNING AT A POINT ON THE NORTK LINE OF BLOCK 2 OF FIRST ADDITION. TO ADAMS- HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS ,0111 PAGE 50, RECORDS OF KING COUNTY , 285:90 FEET EAST FROM THE NORTHWEST CORNER OF LOT 15 IN SAID BLOCK 2, THEN EAST ALONG SAID NORTH LINE 99.90FEET--; - THENCE SOUTH 210.00 FEET ; THENCE WEOT 99.90 FEET, . THENCE. NORTH 210.00 FEET TO -.THE POINT- OF BEGINNING; EXCEPTING THEREFROM THE EAST 5.0 FEET CONVIEYED TO KING COUNTY BY DEED RECORDED UNDER AUDITOR'S 1 , . •