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HomeMy WebLinkAboutPermit 90-01-V - BARGHAUSEN ENGINEERING - HEIMBIGNER SERVICE STATION VARIANCE90-01-v 90-1-V 10803 east marginal way south withdrawn HEIMBIGNER SERVICE STATION VARIANCE BARGHAUSEN ENGINEERING MADE SY TO: FROM: DATE: SUBJECT: DATE OF R-+ND REQUEST AMOUNT OF REFUND. CUSTOMER NAME BILLING ADDRESS ORIGINAL RECEIPT: DATE. ACCOUNT # 000/345.810 REASON FOR REFUND STAFF TIME SPENT ON THIS APPLICATION PRIOR TO IT BEING WITHDRAWN. APPLICATION 190-1-V HEIMBIGNE E TICE S ATION REFUND AUTHORIZED BY: CITY OF TUKWILA FINANCE DEPARTMENT REFUND CHECK DATE CITY OF TUKWILA 6200 SouthcenterBoulevard, Tukwila, Washington 98188 (206) 433 -1800 BARGHAUSEN CONSULTING ENGINEERS DEPARTMENT OF COMMUNITY DEVELOPMENT REFUND CHECK $120.00 REQUEST !'OR CU.r`itc *. P :R REFUNt TaEln► Nr 1 1 MEMORANDUM ENCLOSED PLEASE FIND A REFUND CHECK FOR ONE -HALF OF THE PERMIT FEE ($240.00) FOR STAFF TIME SPENT ON THIS APPLICATION PRIOR TO IT BEING WITHDRAWN. -V H IMBIGNER SERVICE STATION. 1 ;'1 2 -20 -90 $120.00 BARGHAUSEN CONSULTING ENGINEERS ZIP RECEIPT NO. . #4727 ACCOUNT # REFUND OF ONE -HALF OF PERMIT FEE ($240.00) FOR 2/21/90 SHOULD VDU HAVE ANY OUESTIONS. DO NOT HESITATE TO CALL 433 -1845. DARREN WILSON, ASSISTANT PLANNER 504 V Fth .UD, ■ FILE COPY CITY OF TUKWILA s W' `° ,. `) 4 t OF COMMUNITY DEVELOPMENT The following materils ust be subriiitted' w m ith your application. This checklist is to assist you in submitting a complete application. Please do not turn in your application until all items which apply to your proposal are attached to your application. If you have any questions, contact the City of Tukwila Planning Division at 433 -1849. GENERAL Application Form Variance Response Form Variance Application Fee - $240.00 PLANS I �Q lfa �ijfflvr Thanks P r" Two copies of a dimensioned site plan and sign elevations The size of the plans is at the discretion of the applicant; however, the scale must be accurate and content legible. The following information should be contained within the set of plans (please refer to the attached typical site plan): A. Vicinity map showing location of site and surrounding prominent landmarks. B. Property dimensions and names of adjacent roads. C. Lot size D. Dimensions of setbacks and landscaped yards. (Landscaping is not required for single-family residences.) _ZONING CuDE VARIANCE ",PPL CHECKLIST As agreed to in the D.R.C. meeting of 1 -4 -90, material accompanying the application shall be delivered the week of 1 -8 -90. E. Existing and finished grades at 5' contours with the precise slope of any area in excess of 15 %. (At the Planning Division's discretion, this may be waived.) n C ZONING CODE VARIAN APPLICATION CHECKLIST F. Location and dimensions of existing and proposed structure(s), acces- sory structures, parking areas, driveways and roadways. G. Existing trees (6" in diameter) by species and an indication of which will be saved. Proposed landscaping: size, species, location and distance apart. H. Location, dimensions and nature of any proposed easements or dedi- cations for utilities and access. I. For commercial and industrial uses, gross floor area by use and parking calculations. J. For multiple residential, location and dimensions of common open space recreation requirements. One (1) Photomaterial Transfer (PMT) of each plan reduced to 8.5" by 11" (most printing companies can make PMT's). PUBLIC NOTICE A mailing list of property owners and residents within 300 feet of your prop- erty. (See attached "Address Label Requirements ") A King County Assessor's Map which identifies the location of each prop- erty ownership and residence listed. The maps may be ordered from the King County Public Works .Map Counter at 296 -6548. OPTIONAL Perspective drawings, photographs, color renderings or other graphics which may be needed to adequately evaluate your application. Other required information: Attachment "A" Variance Justification Page 2 x n n n N /A F n CITY OF TUKWILA &,r !, LING CCG)E VARIANCE PLICATION .� DEPARTMENT OF COMMUNITY DEVELOPMENT 1. BRIEFLY DESCRIBE 12. jJR REQUEST: Reduction of front yard setback on E. Marginal Way from toAheW6111r56- - � - G tO twj a a t minimum 4 pat owl Y i e- - t 40 4n of t t -cram l fo AO a✓ua9e d iP -p�f a vmwi iwo o f 7 f f . PROJECT LOCATION: (Give street a ress Orr f vacant, indicate lot(s), block, and sub- division; or tax lot number, access street, and nearest intersection) 10803 E. Marginal Way, Tukwila, Wa Quarter: NW 1/4 Section: 3 Township: 23 Range: 4 (This information may be found on your x tatement) ' 7VW4i�' �y 0)- � y 7/�D Wi Wolfert( hausen Consulting Engineers) 3. APPLICANT:* Name: g g g ) Address: 18215 72nd Ave So., Kent, Wa 98032 Phone: (206) 251 -6222 Signa -'- /U /d Date: l ' * The applicant s the person hom the staff will contact regarding the application, and to whom all notices and reports shall be sent, unless otherwise stipulated by applicant. OWNER AFFIDAVIT OF OWNERSHIP 4. PROPERTY Name: J.M. Zielsdorf & S. Usher Address: 11025 S.E. 60th, Renton, Wa 98056 Phone: 206) -8608 I /WE,[signature(s)] / swear that I /we are the owner(s) or contract purchaser(s) of the property involved in this application and that the foregoing statements and answers contained in this application are true and correct to the best of my /our knowledge and belief. Date: /' 5--■ 70 ZONING CODE VARIANCE APPLICATION i Page 2 C . . 5. WHY IS THIS VARIANCE BEING REQUESTED? For reduction of front yard setback. SEE ATTACHED JUSTIFICATION. 6. DOES YOUR REQUEST MEET THE VARIANCE CRITERIA? The Board of Adjustment will base its decision on the specific criteria shown in bold below. You are solely responsible for justifying why your property should not have to satisfy the same development standards which all other properties/ projects must meet. The Board must decide that your variance request meets all five criteria. Be specific; a "yes" or "true" is not a sufficient response. Additional sheets should be attached if needed. The Planning Staff has provided some examples to help you respond to each criteria. Please feel free to use or ignore these as you see fit. The Board will make a decision based on the bold criteria, not staff examples. A. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. Example: Explain how your requested variance would not give you a special privilege in your use of the property in relation to the requirements imposed on adjacent and neighboring properties and on properties with the same zone classification. RESPONSE: SEE ATTACHED JUSTIFICATION B. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to pro- vide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. ZONING CODE VARIANC APPLICATION Page 3 Example: Does a special property characteristic such as size, shape or topography, com- bined with the zoning code requirement, prevent you from using your property in the manner of adjacent properties or other like -zoned properties? Special circumstances should not be due to: 1) actions by past or present property owners (i.e., developing or subdividing property which results in an extremely difficult to build parcel) or paying more for property than was justified by its development potential; or 2) actions which have already been compensated for (i.e., the State condemns a portion of land for 1 -5 construction and compensates the owner for the diminished value of the remaining parcel. RESPONSE: SEE ATTACHED JUSTIFICATION C. The granting of such variance will not be materially detrimental to the public wel- fare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. Example: Would granting your request cause any harm, injury, or interference with uses of adjacent and neighboring properties? (Consider traffic, views, light, aesthetic impacts, etc.) RESPONSE: SEE ATTACHED JUSTIFICATION ZONING CODE VARIAN APPLICATION Page 4 D. The authorization of such variance will not adversely affect the implementation of the comprehensive land use policy plan. Example: After a review of the City's Comprehensive Land Use Policy Plan, list any inconsistencies between your variance and the Plan's goals, objectives or policies. RESPONSE. SEE ATTACHED JUSTIFICATION E. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other proper- ties in the same zone or vicinity. Example: Without the variance, no uses for which your property is zoned (i.e., for a single- family residence or commercial site) would be possible. Without the vari- ance, rights of use of your property would not be the same as for other similarly zoned property. Describe other alternatives for use of your property. Why were these alternatives rejected? RESPONSE: SEE ATTACHED JUSTIFICATION VARIANCE CRITERIA: CAMERON HEIMBIGNER BUILDING VARIANCE FOR GAS STATION AND CONVENIENCE STORE 10803 EAST MARGINAL WAY SOUTH TUKWILA, WASHINGTON VARIANCE JUSTIFICATION ATTACHMENT "A" A. The variance shall not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. Applicant's Response: The subject property, which was recently annexed to the City of Tukwila, lies within an industrial area which has developed with a variety of mixed uses while under the jurisdiction of King County. Nearly all of the land uses within the immediate vicinity of this site have been developed without a specific governmental requirement for setback, nor have these developments been subject to setback or landscaping requirements generally associated with newer developments of this type. A review of this area indicates that building setbacks have been generally dictated by the need for parking areas between the building and the street. In fact, many of these front yard setback areas are fenced and utilized for outside storage and /or the display and sale of various types of machinery, equipment, and other types of large and bulky goods. The requested variance to allow the proposed convenience store building to be placed within 9 feet of the property line of East Marginal Way and 7 feet from the property line abutting Pacific Highway South will not constitute a grant of special privilege inconsistent with the limitations upon other uses of property in the vicinity and in the zone. The entire vicinity surrounding this site has been developed and used by businesses and buildings which were not required any setback from property lines. This is with the exception of a small number of developments which have placed landscaping as required by King County code. Although the minimum setback of the proposed convenience store will be less than that required by the City of Tukwila code at the north end of the project, the setback of the proposed building at the south end of the building will exceed the requirements of the City of Tukwila code. The setback of the building, as measured from the south end of the building, will be 21 feet to the property line adjacent to East Marginal Way, and 29 feet to the property line of Pacific Highway South. Therefore, the average setback for the proposed building is 15 feet from East Marginal Way and 18 feet from Pacific Highway South. The average distance proposed from the adjacent streets is considerably more than that found for other structures and storage areas located within the immediate vicinity of this site and greatly exceeds the distance which was required of nearly all sites in this area when under King County jurisdiction. 3556.04 -1- B. The variance is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property in order to provide it with the use, rights, and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. Applicant's Response: The subject property presents severe development constraints due to the shape of the parcel. The subject parcel is of a triangular configuration with a base of approximately 189 feet. Strict adherence to the setback criteria within the M -2 -L Zone of the City of Tukwila would render a large part of this site unusable for the construction of a building or even use as parking and /or maneuvering areas. Even with the approval of a setback variance, as proposed in this application, the lot configuration renders the north approximately 70 feet of the site unusable for the placement of a building or other site appurtenances such as parking. The subject property is also abutted on three sides by existing roadways. This unique character- istic of this site further limits the developable area of this property, as special considerations must be made to access and safety on adjacent roadways. These factors, which are crucial to the success of the development and are of utmost importance to the City in their design and review of street improvements and traffic safety, have also dictated the design of the facility as well as the need for the variance request and approval. C. The granting of such variance will not be materially detrimental to the public welfare or be injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. Applicant's Response: The granting of the setback variance will not be materially detrimental to the public welfare or be injurious to the property or improvements in the vicinity. In fact, the granting of the variance will allow the placement of a facility on this site which will substantially benefit the public welfare and greatly improve the aesthetic impact of this older industrial area. Due to the triangular configuration of the subject property, the northern portion of the site is essentially unusable for the placement of active elements of the development proposal, such as building, parking, or vehicular maneuvering areas. The project proponent, therefore, proposes to landscape all areas located between the proposed building location and adjacent streets. This landscape area of approximately 6,500 square feet may also be designed to include small outdoor eating areas to be used by customers utilizing the food service capabilities of the convenience store. Implementation of the landscape plan, as proposed, will provide this site with more than three times the landscaping required or normally placed on a facility of this nature. The specific design of this facility will also help relieve any real or potential traffic conflicts with adjacent roadways. The design of the facility will allow placement of the two proposed driveways at the furthest south location possible. This will allow location of the driveways as far as possible away from the intersection of East Marginal Way and Pacific Highway South. It is generally accepted that such a placement of driveways is preferable to eliminate conflicts with traffic movements near or in the intersection. This driveway configuration will also permit as large as possible stacking areas adjacent to the gasoline pump island canopy, thereby reducing, as much as possible, any potential conflicts with vehicles entering and exiting the site and on -site maneuvering of vehicles to the convenience store and gasoline pump islands. 3556.04 -2- It is possible to locate additional driveway access points to the parcel. However, the additional driveways may be restricted to turning movements. D. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. Applicant's Response: A review of the City of Tukwila Comprehensive Land Use Policy Plan reveals a number of objectives and policies which address land use issues related to commercial and industrial roads and development within the city. Chapter 4 of this document, titled Commerce/Industry, specifically addresses issues of compatibility, design, and growth of these uses in the city. Although none of the objectives or policies stated in this plan relate directly to a variance request, as specified in this application, each of these support the overall goals of the city as they relate to commercial and industrial growth and expansion. The following is an analysis of a number of the applicable policies of the City of Tukwila Comprehensive Land Use Policy Plan which may be applied in a review of this variance request. Objective 1 - Encourage a smooth steady and planned growth of the business community. Compatibility: Design: Policy 1: Encourage the grouping of uses which will mutually and economically benefit each other or provide necessary services. Applicant's Response: Placement of the proposed mini - market and retail gasoline sales facility at this location will provide a necessary service within this mixed use area. The subject site, which is currently vacant, will not only be complementary to other uses in the area, but will serve the needs of those employees of those uses and will also provide necessary grocery and vehicle fueling opportunities to the large number of commuters which utilize adjacent roadways. Policy 3: Encourage aesthetic building and site design in working and trading areas. Applicants Response: The mixed use area in which this site is located has been developed under a variety of land use criteria when under King County jurisdiction. Some of the newer facilities within this area have developed in a fashion, which is compatible with the image that the city wishes to create with regard to aesthetic values and site design. Many of the older facilities in this area do no display the same attention to these aesthetic and site design details. The proposed retail gasoline sales and convenience store development on this site will meet or exceed all development criteria of the City of Tukwila with the exception of the setback from street frontages. Approval of this variance will, however, allow for the development of this site with an aesthetically appealing building and a site design which is superior to most, if not all, existing facilities in the area and will improve the quality of the area with a superior site design. 3556.04 -3- Policy 4: Encourage the use of live landscaping in all developments. Applicant's Response: Proposed landscaping at this site will utilize no artificial materials. The landscaping of the site will be professionally designed to enhance the aesthetic appeal of the building and site design. It is also planned that portions of the site, which, due to the lot configuration, are unusable for active development, will be designed in such a manner that more passive use of these areas can be made for such activities as outside eating areas. Policy 5: Promote renovation of areas which are not aesthetically pleasing. Applicant's Response: The subject site is currently vacant and is located at a major intersection. Although this site is vacant it does not present an aesthetically pleasing or visually appropriate gateway to this intersection. Improvements to this site, including perimeter landscaping and the location and screening of storage areas, will promote and greatly improve the visual impact of this site. Policy 7: Promote adequate provisions for parking for all land uses. Applicant's Response: The site design of this facility provides parking, not only in conformance with the code requirements of the city, but also adequate to provisions for the parking demand associated with this use. Objective 3: Encourage the continued vitality of the commercial retailing activity in the city. Compatibility: Policy 1: Encourage uses, which are supportive to retail areas, to strategically locate in or near those areas. Applicant's Response: The proposed site of this application is located at the intersections of two major roadways. These roadways are utilized by employees and customers of many of the retail and wholesale industries in the area. Placement of this facility at this site will provide services to those employees and customers and will be supportive of those uses. Policy 2: Commercial uses should be located functionally convenient to major traffic ways. Applicant's Response: It is recognized in the Tukwila Comprehensive Land Use Policy Plan that the major criteria of this centered location is the abutting transportation system. Although this facility is not a regional type use, the heavy traffic flow along adjacent streets allows for convenience to this facility as well as easy access by employees and customers within this area. Growth: Policy 4: Recognize the benefits of retail activities and promote them. Applicant's Response: Although the proponent of this project has reviewed alternate site designs, which might reduce the need for the variance request, other impacts on the 3556.04 -4- area, including access to the site and impacts on adjacent roadways, could not be adequately addressed without the variance request. The City of Tukwila recognizes the benefits of retail activities as a positive fiscal impact to the city. Ultimately it is the success of those retail activities which provides that positive influence. Site designs, which are not conducive to the success of a retail activity, are reflected in both the fiscal feasibility of a project as well as the fiscal impact on the city. The proposed variance request is necessary to establish a fiscally sound project which will ultimately benefit the customer served as well as the city in a positive fashion. Objective No. 6: Promote land development alternatives that will increase the effective use of land policy. Policy 2: Provide flexibility and development by offering a planned unit development approach. Applicant's Response: Although the request for a variance from setback standards of the city is not specifically a planned unit development, it does recognize the need for flexibility in development as encouraged by this policy. Not all parcels of land within the city are square or rectangular, and a variety of site design options should be available to allow for the most appropriate use of the site. Approval of the requested variance from normal setback requirements for this zone recognizes these facts and the benefits to the city of flexibility in the application of design criteria. Approval of this variance also recognizes that the application of flexible development standards on unique parcels of property can and do encourage better site design, provide for more benefits to the public and the community, and allow for a more financially feasible project which benefits both the project's proponent and ultimately the city. E. The granting of such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other property in the same zone or vicinity. Applicant's Response: The subject property is zoned M -2 -L. This zoning classification permits the development of a gasoline service station and mini - market as a permitted use. The subject site is adjacent to two major roadways which provide easy access to the site. The site is also located in an industrial area. This use will provide needed services in this area for those traveling in the area both to and from places of work and during the lunch hour by providing convenient food service to those working in the area. It is inappropriate and inaccurate to state that no use permitted in this zoning district could be placed upon this property without a variance. The proposed use, however, is the most appropriate use for this site based upon the reasons stated above. It is also highly likely that any other use of this property may also require one or more variances to be approved to adequately develop the property. Also, any other use of this property, as permitted by the zoning, would not be as sensitive to traffic issues nor as inclined to provide the aesthetic amenities such as landscaping to the site as is proposed by the proponent of this project. The proponent of this project has reviewed alternatives to the site design proposed for this use. In fact, Barghausen Consulting Engineers, Inc., the applicant in this action, has presented 3556.04 -5- Conclusion: 3556.04 development proposals on this site for at least one other client. Previous land use proposals on this site, when under King County jurisdiction, were generally rejected due to uncertainties in traffic improvements proposed on or adjacent to the site. Although these issues are to date not totally resolved, a much firmer direction has been set by the City of Tukwila which has resulted in a more stable and improved environment for development of the site. In the specific case of this development, several alternative plans were developed with regard to location of the proposed convenience store building and gasoline pump island canopy. The primary alternative for development of this site for this use was a reversed configuration with the building and the pump island canopy. This specific plan was rejected due to potential traffic conflicts as proposed driveways would require relocation closer to the intersection, and it presented reduced vehicle stacking area at the gasoline pump island canopy which also presents potential conflict with vehicles on adjacent roadways. We believe the plan presented is one that addresses these issues in a manner which is both acceptable to the project proponent and which is also more acceptable to the City of Tukwila traffic engineering staff. As indicated by the responses to the five specific variance criteria, it has been shown that approval of the variance request will not constitute a grant of special privilege; is specifically related to the shape of the subject property; will not be materially detrimental to the public welfare; is supported by the objectives and policies of the City of Tukwila Comprehensive Land Use Policy Plan; and is necessary for the preservation and enjoyment of a substantial property right by the applicant. Not only does the variance request meet each of the variance criteria for approval, but an affirmative action by the city on this request which will permit the ultimate development of this site with a use appropriate for the location and will serve the needs of the employees in the area, but will also serve the large number of commuters that pass by this site on a daily basis. Approval of this variance request will, lastly, eliminate a vacant parcel of property and allow it to develop in a useful and production fashion. This will ultimately improve the aesthetics of the adjacent intersection and general area, providing a fiscally sound project which will benefit not only the property developer, but the city in the form of increased tax revenues. 3550 liarghausen Consulting Inf Inc. lend Phan Int Survey I Erg no lipeclelets MIS 7.1 Ave Sot. 11••1. SANK ••033 130•1 1114122 N • Seri Cameron HeimbIgner 11919 B.E. 56th Street Bellevue, Washington 96006 (208) 747-6991 N. Pot I S. IOn Preliminary Landscape Plan OAS STATION & CONVENIENCE STORE 10805 Pacific Highway South Tukwila, Washington. Jel. MOON 3558 F.; m 5 0 liarghausen Consulting Into! ers Inc. tend Platinfing, Sunny I Eng ng %minims 11311 73.0 07• IA K.M. 11.04. 70037 (701) 11114723 rocs iftpril qd11 1.1 "it. 1 MI 1r 1 ,14 "• • 1 Cameron HalmbIgnar 11919 S.E. Seth Street Bellevue, Washington 95006 ROM 747-1991 T.-17741717.7 Prollmlnary Site Plan OAS STATION & CONVENIENCE STORE 10805 Pacific Highway South Tukwila, Washington 8910201640 statutory warranty deed jack balbo traverso phillip usher susan usher duwamish sewer district legal description eil t. reAiitaft.ese-eve umioafr. PILX-efli • III MULGitee0001414 14 a•FACE. 1t,64epaie &RAI= . 2. the.kl,C V eR - 41.."61 • ,0,14 ix. • Goihted./lemilajiii/ikra • 1-1.411 (i)tidogam ;deg' -, Kcie4•4 reie. .A.scr" L.E.eveatgAt4 I oa.. I Am....coKitat.1501,446ela cinAgrsiotfrerzmuLoo (ri.4.14rev tee-Gime 1J1UL441) GROUNDCOVER PLANTING DETAIL rizuria• tnit441Aaoap TWIG, Aurre-f?: • NoTO: pe,vr Hc.J o ore. ciutor f LA 1°L.il4rINIEs t•Kg■ csRoUNcr 202. ex i A■Ie-eab: DECIDUOUS TREE PLANTING:DETAIL 1.1:rx. • pri$IiiGfa.ff-rz ' . .,..-• • f3Kerie,.r-idera.4.:,= I f=12.7. •_' Irfa,vti.-7rb. 2. pc-Frre. 1-1 4Kii!...0 e. oix 4%1 1 4 . e . rati)12.1-i■#•) : obc..:712.2! 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