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HomeMy WebLinkAboutPermit 91-12-SPE - HEATH SIGNS - GROFF'S NUTRITION SENSITIVE AREA MORATORIUM WAIVER91-12-spe 5205 south 151st street thomas timothy tsd building September 11, 1991 Mr. Timothy Thomas 1004 East Galer Seattle, WA 98102 Dear Mr. Thomas: Sincerely, 6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188 C. Ga(i Schulz Urban Environmentalist PHONE M 1'061433.1800 Gary L. VanDasen. Mayor This letter is written because your proposed project in the City of Tukwila was affected by the Critical Area Sensitive Areas Moratorium. A waiver to the Moratorium, which prohibited any development on sensitive area property, was denied by the City Council. Since Sensitive Areas Ordinance No. 1599 was adopted on June 10, 1991, the Moratorium for development within sensitive areas has not been in effect. Proposed development affected by sensitive areas will be reviewed according to the standards set forth in this Ordinance. If you choose to pursue your project, a State Environmental Policy Act (SEPA) checklist will be required along with the application for appropriate permits. The Department of Community Development planning staff has been working on procedures to help with the implementation of the Ordinance. The complexity or feasibility of the project may warrant a pre- application meeting in order for City staff to help resolve significant issues. If you have questions concerning this letter, feel free to call or visit the Community Development office and talk with a planner or myself. cc: Jack Pace, DCD - Senior Planner 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 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 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 review of site specific plans. Councilmember Duffle stated he was opposed to granting a waiver as the SAO should be passedwithin a month. MOVED BY EKBERG, SECONDED BY HERNANDEZ, TO GRANT THE WAIVER FOR PROCESSING OF ONE BUILDING PERMIT BUT NOT FOR THE ISSUANCE OF A BUILDING PERMIT SO THAT PROPERTY CAN 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 DUFFIE 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 4 Public Hearings (con't) Hearing Closed -8:25 p.m. Request for Waiver to Ord. 1544 (moratorium) - City of Tukwila Public Works Department 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 giving 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 project 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 applicant were asked to wait until after the SAO was adopted. Ms. Siegenthaler 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. CITY OF TUKWILA 6200 SOUTHCENTER BOULEVARD, TUKWILA. WASHINGTON 98188 PE 1'I I IONER: Timothy H. Thomas DATE PREPARED: 5/16/91 EFFECT OF MORATORIUM: STAFF REPORT TO THE CITY COUNCIL PHONE # 1206) 433.1800 Gary I.. l anDascn, Mayor LOCATION: Directly south of 5205 S. 151st Street on 52nd Avenue S. (TSD Building). PROPOSAL DESCRIPTION: Petitioner requests a waiver to apply for and obtain building permits to construct a twenty stall parking area. The Moratorium (Ordinance No. 1544 - 1582) precludes filing of new land -use applica- tions in sensitive areas. As the project site contains slopes that are mapped as 15% and greater, the applicant cannot proceed with engineering, site design, and environmental review for permitting the approved construction of a twenty stall parking area adjacent to 5205 S. 151st Street. The subject property is currently zoned professional office (P -O) and borders the southern boundary of the applicant's developed professional office site, TSD Building. The adjacent TSD Building site has an mapped and inventoried watercourse (Jones & Stokes Associates, Inc. 1990) that has been rated a Type 3. To facilitate additional parking for the TSD Building, the adjacent area on the subject property has been illegally converted to a gravel parking lot. As a result, the applicant has been cited for a zoning code violation associated with environmental review, site design, and drainage and paving requirements. The off -site watercourse and buffer do not appear to have been impacted by the temporary parking area construction. The applicant requests a waiver of the Moratorium in order to complete environmental review (SEPA), engineering and site design plans, to fulfill code requirements, and to receive approval of all permits to construct the parking area. Staff Report to the City Council Thomas Waiver Petition, 5/16/91 Page 2 IMPACT OF THE SENSITIVE AREAS ORDINANCE: The subject property proposed for additional, improved parking contains mapped slopes that are 15% and greater. These slopes are identified as Class 2 Landslides Hazard areas and appear to exist within the Interstate 5 Right -Of -Way easement. The applicant has submitted site design plans of the parking area for City staff review and approval. According to these site plan drawings, the proposed improvements for the existing parking area appear minimal concerning the City's designation of sensitive areas. 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 hardship caused by the Moratorium; and 4. Damage that could result from strict adherence to the Moratorium. 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" el : 51 I I ; •••• • . 1413 I .a . . , 7 , ■ .` 1 • ' . i...., ; , , ' . ( i , , r ,:1, .1 .1 'R-I 2 7 .— 11-1- / 4 7.2 • , • i R-2- ,-, ..,_ ,... i IN :t c ..... ..... J ,- • ' i- , 1 / - - -.....L._.11 . - , • .. 1 L. ., C < R - ) 1 --- 3 ,„ 1. .1 ' , -( — t - ' , , , t • isr •■■■v'ma , R-1-7.2 ."..'i , R 1 7 ' " 1 R 1 7 2 ' 41-3- ' "4 '.1' • ' ' . ' , • • .1 '14 " • I i • ! °-*"" - :77 -••• • • 1- •••-•,^ GOLF COURSE • .•.• • N. Ti RA fTh R-1-7.2 R-1-12.0 R3 I. 4 0 4 Os SOUTHCEN' SHOPPING CE - --.1 L CP CP Ms. Jane Cantu City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Wa. 98188 Dear Ms. Cantu, TIMOTHY H. THOMAS 1. to apply for construction permits April 9,1991 2. to obtain constuction permits in order to construct a 20 stall parking area adjacent to our property at 5205 south 151st in Tukwila. ac��od�o APR 121991. • CITY OF h..r . • pLI"; . N' .='nT EIVED APR 12 1997 CITY OF PAVIA CITY C : 7K I am formally requesting a waiver of the sesitive area moratorium to do the following: Very truly yours, Timothy H'. Thomas President TSD Bldg. Assoc.