HomeMy WebLinkAboutPermit 90-02-SPE - HUNT FLOYD - SENSITIVE AREA WAIVER90-02-spe 13800 macadam road south
john newell hunt floyd
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CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188
September 11, 1991
Mr. Floyd Hunt
c/o Mr. John Newell Inc.
231 Williams Avenue South
Suite 200
Renton, WA 98057
Dear Mr. Hunt:
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.
Sincerely
C
C. G Schulz
Urban Environmentalist
cc: Jack Pace, DCD - Senior Planner
PHONE # (206) 433.1800 Cory L. VanDusen, Mayor
Minutes - Regular Meeting
January 15, 1990
Page 3
Mikami Waiver Request
(con't)
Request for Waiver -
Floyd Hunt
If for some reason it is too steep in there and they are unable to put in
just a simple rockery, which is not a retaining wall, then some of that
driveway and some of that parking will have to be sacrificed.
Mayor VanDusen closed the appeal meeting at 8:18 p.m.
MOVED BY MORIWAKI, SECONDED BY DUFFLE, THAT
COUNCIL. HONOR THE WAIVER REQUEST SUBJECT TO
THE AGREEMENT THAT THE APPLICANT CONFORM TO
THE ADOPTED SENSITIVE AREAS ORDINANCE AND THE
APPLICATIONS AT THE APPLICANT'S RISK AND EXPENSE
WITH THE DELETION OF THE AREA THAT WOULD CUT
INTO THE TOE OF THE SLOPE. *
Councilman Moriwaki was asked to clarify what he meant by "toe of
the slope ". He stated that it was the area in the northwest corner that
exceeds 15 percent.
Councilman Duffle requested a condition that the applicant will not
cut into the slope and will construct a bulkhead.
Councilman Robertson questioned the condition for the following
reasons: the rockery or bulkhead would be only four feet high with
most of it located behind the building so that from a visual standpoint
in a sensitive areas idea, we would be protecting something that can't
be seen. Councilman Robertson felt this was unnecessary. He also
felt that from an engineering standpoint, the impact was fairly minor
as part of the cut had already done and it does not appear that there
were any problems last week during the storm. The bulkhead or rock
wall would be looked at closely when the applicant went through the
permit process and would meet the required engineering standards.
He doesn't feel that excluding the area would necessarily benefit the
City. He feels that from a technical, engineering, and visual
standpoint, the impact is very minor.
Councilman Lawrence noted that the applicant must conform to the
SAO which will require whatever rockery or bulkheading is necessary.
Councilman Rants commented that the Mikami property appears to
meet the four criteria established to review waiver requests. In his
opinion it is within the intent of the moratorium because 98 percent of
the property is not in the moratorium.
Councilman Ekberg stated that the purpose of the ordinance in effect
now is to protect the continuity of the hill or the slope. He added that
he would like to see the waiver passed so that the building permit can
be issued with the removal of the four stalls and the dumpster.
•MOTION CARRIED. WAIVER IS GRANTED WITH
CONDITIONS.
Councilman Moriwaki clarified the conditions to be: (1) In the in the
area of the northwest corner, the proposed bulkhead; (2) at the rear
jog in the property which includes the proposed four parking stalls and
_the..dumpster sight which-would have to be relocated to avoid cutting
into the toe of the slope.
Mayor VanDusen opened the waiver request from Floyd Hunt at 8:27
p.m. Mr. Beeler told the Council that the proposal is to place 27,100
cubic yards of fill on the property which is located at approximately
13800 Macadam Road. The operation is to be conducted over
approximately 6 years. Originally the application was in process
through King County and due to the annexation, the applicant applied
for the necessary permits through the City. The impact on the SAO is
unknown relative to landfilling onto a fairly extensively sloped piece of
ground. Mr. Beeler added that City engineers have looked at the site
and a soils analysis has been done.
Minutes - Regular Meeting
January 15, 1990
Page 4
Hunt Waiver Request
(con't)
Councilman Rants noted that the property is a very large ravine that
handles most of the water that comes from the surrounding area. He
stated that the water from the January 9 storm was still running over
the road from the hills coming down from the other properties on
Saturday (1/13) when he visited the site.
Mr. Beeler told the Council that the DNS for the Environmental
Checklist was in the process of appeal but was never awarded. The
process was halted when annexation to Tukwila occurred. The
requested waiver would allow the City to complete the SEPA review
and, based on the results, approve the landfill.
Councilman Lawrence commented that it would have to be
determined whether any of the property was considered a sensitive
area. Mr. Beeler noted that this question would be addressed by the
environmental review process.
Mrs. Doreen Hunt and John Newell, project engineer, P.O. Box 396,
Renton, addressed the Council. Mr. Newell stated that when King
County turned this project over to Tukwila, the applicants submitted
their plans, the SEPA checklist, and the requested provisions to the
City for a grade and fill permit. As requested by the City, the
applicant had a more extensive soils analysis done on the property and
revised the plans to show an interim and final grading 15lan. Mr. Hunt
has a six year program he wishes to proceed with which involves
approximately 27,000 yards of fill. He has spent a considerable
amount of money in engineering fees for this project. Mr. Newell
added that they understood they were very close to approval of the
requested permit when the moratorium went into effect.
Councilman Robertson questioned how a four month delay could
financially impact Mr. Hunt's six year program. Mr. Newell stated that
Mr. Hunt would like to be able to plan ahead and have the assurance
from the City that he will get his permit.
Councilwoman Hernandez commented that she could not see the
urgency in granting the waiver when the appellant plans to fill the
property over a six year period.
Mayor VanDusen noted a letter received from Mr. Craig Hittle, an
adjacent property owner, who objects to the punting of a waiver. It is
Mr. Hittle's opinion that Mr. Hunt's proposal would violate a
reasonable sensitive areas ordinance or moratorium. Mr. Hittle
originally filed an appeal with King County.
Diane DeAno, 4628 So. 138th Street, spoke against granting the
waiver. Ms. DeAno, a resident of 13 years, owns the property above
Mr. Hunt's property. She stated that she is against excavating the site
and that she also had filed an appeal with King County. The subject
property is a natural drainage area. She noted that another property
owner in the area was granted a permit for excavating and had to
secure the land to protect against hill slides. After the excavating was
done the land did slide and moved three fences. Other neighbors also
did some excavating of their hill and the hill slid down into a City
street.. Mrs. DeAna wanders who wouldbe responsible. for her land
sliding if Mr. Hunt is allowed to excavate his property. She feels that
the natural vegetation and trees on that land protect her house from
sliding. During the storm on January 9 her basement flooded for the
first time.
Mr. Ray Vomencini, P roperty owner on So. 138th Street, lives directly
adjacent to Mr. Hunts property. He stated that King County's file on
Mr. Hunt's property indicates the property to be a sensitive area, a
wetland, and a seismic area.
Mayor VanDusen closed the public meeting at 9:08 p.m.
Minutes - Regular Meeting
January 15, 1990
Page 5
Request for Waiver -
Wallace Enterprises,
aka Whitco
• •
V MOVED BY MORIWAKI, SECONDED BY LAWRENCE THAT
COUNCIL DENY THE WAIVER REQUEST OF FLOYD HUNT.*
Councilman Robertson stated that he supports the motion because in
his opinion the applicant has failed to show any significant impact of
the four month waiver. The Sensitive Areas Ordinance and the
tentative Clearing and Grading Ordinance are intended to deal with
property such as this. The plan to completely clear this property over
six years would impact the esthetics of the roperty in that it is visible
property and is on a sensitive area (hillside). Also, there are
significant engineering questions regarding storm water runoff.
*MOTION CARRIED. THE WAIVER REQUEST OF FLOYD
HUNT IS DENIED.
EEC= A brief recess was called by Mayor VanDusen. The meeting was •
9:10 - 9:20 p.m. resumed at 9:20 p.m. will Councilmembers present as listed above.
The public meeting to hear the waiver request of Wallace Enterprises,
aka Whitco, was opened by Mayor VanDusen at 9:20 p.m. DC13
Director Rick Beeler reported that the property is at the NW corner
of So. 115th Street and the Seattle right -of -way which abuts East
Marginal Way. The applicant has applied for a clearing and grading
permit to cut an existing rock hillside approximately 70 feet high,
remove 154,820 cubic yards of material and install 8,800 cubic yards of
landfill. The property is zoned M -1. The applicant wants to make the
site available for future commercial development. The impact of the
Sensitive Areas Ordinance as drafted at this time would be to not
permit development of slopes over 40 percent. The slope on the
hillside is now over 40 percent. The environmental review was close to
being completed when the moratorium was imposed. The slope that
would result from the proposal would be near vertical and the rock
face would be deposed. The applicant would be to not develop
the top of the hill. Mr. Beeler commented that noly his
department would recommend that if the Council approved the waiver
requirement, the applicant sign the agreement to conform to the
adopted SAO and process the a . . lication at his own risk and expense.
However, there may be some . • . ' culty in restoring the near vertical
rock face to conform to the pre-grading slope.
James White spoke on behalf of Wallace Enterprises. He reported
that the property was purchased as M -2 with plans to build
warehouses on the site. At this time they are applying for a grading
permit only. The grade of the slide level of the warehouses is about 20
feet and the elevation at the top of the cut is 70 feet. It is Mr. White's
opinion that this project would provide some improvement benefit to
the general area.
Bob O'Connell, 2009 Minor Ave. East, and Ralph Bieberman,
geotechnical engineer residing at 400 No. 34th Street, represented the
applicant. Mr. O'Connell clarified that the top of the rock elevation is
approximately 136 feet and the top of the slope is approximately 90
feet... He explained that-this proposal began in King County in May of
1988. The DNS process was close to being approved by King County
at the time of annexation to Tukwila in March of 1989. They have
been going through SEPA review and plan review with the City since
April of last year. Mr. O'Connell believes the topography of over 60
percent of Mr. White's property will be within the SAO. He feels if
they are unable to get relief from the ordinance, this property be
functionally undevelopable. Mr. O'Connell noted that extensive soils
work has been done on this site, and in order to stabilize the slope, a
good deal of material will have to be moved.
Councilman Duffle asked what King County's primary concern was
regarding the site development. Mr. O'Connell responded that the
primary concern was blasting.. He stated that they have removed
blasting as a condition of doing the rock removal on the site.
Minutes - Regular Meeting
January 15, 1990
Page 6
Wallace Enterprises Ralph Bieberman, 400 No. 34th St, project geotechnical engineer,
Waiver Request (con't) concurred with Mr. O'Connell.
Councilman Robertson questioned why the applicant was willing to
continue if he felt that 60 percent of the development would fall under
the SAO and that the SAO as presently constituted would prevent
development of the property as currently planned. He added that if a
waiver was granted, it would be subject to the applicant filing an
agreement to conform to the adopted SAO and processing the
application at the applicant's own risk and expense.
Mr. O'Connell commented that he would like to propose an
alternative to the waiver request that would be based upon the
ordinance as written. The applicant feels that the City should approve
the waiver to allow completion of the SEPA review for issuance of the .
grade and fill permit subject to special provisions and conditions for
rock slopes stability. The original Sensitive Areas Ordinance did not
differentiate between soils types and materials types in its slopes.
Councilman Lawrence questioned how far into the base of the toe on
the northwest side the applicant intended to cut. Mr. Bieberman
produced maps to answer Councilman Lawrence's question.
Councilman Lawrence commented that it appeared the applicant
plans to move more rock than is necessary to stabilize the slope, thus
creating a larger area to build on. Mr. O'Connell agreed that the lot
does become bigger.
Carol Watson, resident at 3906 So. 113th Street, spoke in support of
the development.
Warren Wing, 11850 - 42nd Ave. So., commented that he also
supports the development but is opposed to truck traffic on So. 115th
Street.
Ralph Hatter, 3935 So. 113th Street, stated he was not against the
development but he is against blasting in that area.
Stan Hoffman, 3924 So. 114th Street, commented that he is against
granting the waiver request.
Dorothy DeRodas, 3910 So. 114th Street, voiced her concerns
regarding blasting on the site.
In response to Mrs. DeRodas' questions, Mr. O'Connell stated that
they plan to use a big "CAT" with large rippers to remove the rock.
Blasting will not be done.
Mayor VanDusen closed the public meeting at 10:30 p.m.
MOVED BY HERNANDEZ., SECONDED BY DUFFLE, THAT
THE WALLACE ENTERPRISES WAIVER REQUEST BE
CONTINUED FOR ONE WEEK.*
Councilman Robertson commented that he would like to view the site
and look at it from the surrounding property and roads.
Councilman Rants stated that he preferred to vote on the waiver this
evening and have the applicant wait until the SAO is completed.
Councilman Moriwaki noted that by the engineer's estimate the rocks
on the site are thousands of old and may have some geological
and scientific significance. He suggests this should be considered when
the rocks are cut.
Councilman Lawrence agreed with the motion to continue. He
suggested that the applicant mark the hillside at the point of the cut to
be made.
•
v
• January 4, 1990
CITY OF TUKWILA
6200 Southcenter Blvd.
Tukwila, WA 98188
ATTN: CITY COUNCIL
Dear Members of the Council:
John R. Newell Inc., P.S.
231 Williams Ave. So.. Suite 200
P.O. Box 396
Renton. Washington 98057 -0396
Phone: (2061255-2190
•
PETITION FOR WAIVER OF ORDINANCE 1544 1550 REQUIREMENTS
Re: Floyd Hunt Property - and Grade Permit
Fill and Grade Permit EPIC 7 -89
SEPA Permit No. 89 -081
On behalf of our client, Mr. Floyd Hunt, we hereby request a waiver
from the moratorium imposed on his property by Ordinance No. 1544
because it creates an unnecessary hardship and uncertainty.
Mr. Hunt filed a Grading Permit Application, SEPA Check List and
Grading Plans with King County on November 23, 1988 well before
this piece of property was annexed to the City of Tukwila. On
February 14, 1989 he was notified by King County staff the
threshold of determination issued on February 7, 1989 had been
appealed and a Public Hearing was scheduled for April 25 1989.
Before the Appeal Hearing could take place this parcel was annexed
into the city. Mr. Hunt then proceeded to file the necessary
documents with the city's staff to obtain a Grade and Fill permit
since King County removed themselves from any furthor permit
processing. It should also be pointed out the property owner paid
King County $1,949.23 to process the application.
The city review staff requested additional engineering and a
complete soils investigation to supplement the material presented
for the county permit. All this data was transmitted to staff on
September 1, 1989 and a meeting was held with staff on September
7, 1989. After the September 7, 1989 meeting revised plans were
submitted on September 15, 1989 addressing the additional concerns
raised at that meeting. The city's Engineering Department during
their review raised a concern regarding the accuracy of the field
Members of the Council 2 January 4, 1990
topography. The accuracy of the filed survey was reaffirmed by
Mr. Bill Drysdale, P.L.S. on October 10, 1989 at a meeting with
Mr. Fraser.
On November 3, 1989 we addressed a letter to Mr. Fraser in
engineering notifying him an additional drainage swale had been
added to the plans as requested and requested confirmation that
the plans could now be approved as he had indicated during a
previous phone conversation. The moratorium prevented issuance of
the permit although the plans had been approved and the permit was
in the final processing stage.
The subject site is relatively small, some 1.67 acres, which the
owner wishes to grade and fill. Currently the only sensitive area,
by city definition, are slopes over 15 %. There are no present
plans for any further development on this site.
We believe Mr. Hunt has, in good faith, expeditiously pursued
obtaining a Grade and Fill Permit. On November 3, 1989 all that
remained was for city staff to issue the permit. With the
moratorium effective November 21, 1989 Mr. Hunt has the hardship
of waiting an additional six months to obtain the permit and
faces the uncertainty of additional requirements which may be
imposed in, the future.
In fairness to Mr.. Hunt we respectively request a waiver be granted
and that city staff be instructed to the permit.
Sincerely,
J•HN R. NEWELL INC., P.S.
John R. Newell. P.E.
JRN /kab
C1 -026
cc Floyd Hunt
PETITIONER:
PROPERTY LOCATION:
• PROPOSAL DESCRIPTION:
EFFECT OF MORATORIUM:
DECISION CRITERIA:
ATTACHMENTS
1. Vicinity Map
2. Site Plan
Ci A of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(2061433.1800
Gary L vanDusen, Mayor
STAFF REPORT
TO THE CITY COUNCIL
Floyd Hunt
Approximately 13800 Macadam Road, Lot 2 of King
County Short Plat, #179080.
To place 27,100 cubic yards of fill on a 1.67 acre
site which is zoned R- 1 -7.2.
King County reviewed an environmental checklist and issued a Determination
of Nonsignificance (DNS) with mitigation which was appealed. The appeal was
never decided because of annexation to Tukwila.
Applicant submitted a Grade /Fill application and SEPA checklist to the City
of Tukwila on April 24, 1989.
The site is wooded with heavy ground cover which would be completely
cleared for development.
Fill activity is projected to take approximately six years.
Proposed grades would be 3 :1 and 2 :1 with sedimentation ponds
IMPACT OF SENSITIVE ARIAS ORDINANCE:
The Draft SAO performance standards for sloping property discuss preserving
hillsides and minimizing excavation and clearing.
Ordinance 1550 states the City Council must 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
4. ,Damage 'that could result.from strict adherence to the moratorium.
•
•
•
NA 7 !/ /,;�7;
LE GI: 7A7
AN c, '
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. .
CLEARING
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TION PAD
LENG H.
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SIZE
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PERAT/Ov ,A
NOTE. POST " /CKS
TURNING" SIGNS
AT LOCATIONS
SPECIFIED BY C/T y OF
TUKNIL TRAFFIC
ENG /AVER BOTH
S /DES OF HAUL ROAD.
Div /tirt,tP /OK DRAIN. SEE SHEET
FOR DETAIL. S. 05X min,
•
•
e TEMPORARY DRAINAGE
\ SWALE TO BE L OCA TED
5' AWAY FROM TOE
I OF.F /LL.
98
- -_ top /OO
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TO TOE OF
FILL
2700. ! —
A L= /5' x W= 5' . D- r m /n.
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•
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58
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62
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OR /F /CE= /3
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6
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. RR
SP /L L WAY
- 4V PLASTIC
INTERCEPTOR
TR O
n.
44
TEMPORARY DRAINAGE S W A l
t0 BE LOCA TED S' 4WA
FROM TOE OF F/L L 17 YP/
'Q
i
PROPERTY DIMENSIONS AN.) I A, TINE CONTOIih'
/AFORMATION Bt DRYCO COMPANY
APRIL /988 AND CITY Or 71A W /I A AEK/AL
TOPOGRAPHY MAP PREPARED BY WALIKt H d
ASSOCIATES INC.
EXISTING GROUND
LIME
MERE E SEEDING. FOR TEMPORARY EROS /ON CONTROL IS REQ/i /ED,
FAST GERM/NA T/NG GRASSES SHALL BE APPLIED AT AN APPROPR /ATE
RATE.
SECT /ON 1 :4 -A"
SCALE: HO// /Z. I" . 20'
v r /" =
v -,�
PLAN
= 40'
EL. 82/
PROPOSED
F /LL
CONTRACTOR /OWNER TO FIELD LOCATE
AN ACCESS ROADWAY (H/ /0' - -) FR A
Fitt AREA TO POND AREA . THIS ROAD
70 OE USED ONLY FOR MA /N7ENA AN CE
3../ ITYP./
FLOW
CONSTRUCT /ON SCIEDULE
S/L T FENCE
(TYPICAL)
FLAG AREA FOR CLEAR /NG
2 CLEAR AREA FOR FILL AND INSTALL ALL S/L T. FENCES
AT PERIAAE•TER
3. INSTALL ROCK CONSTRUCTION PAO
4. POST ALL SIGNS
CONSTRUCT l
S w4LF S =O.5
SEE SRI. 3 f
SE)
1
� LENGTH al BOTTOM= 37'
WIDTH of BOTTOM, 27'
CONSTRUCT w /3.•/ S /DE SLOPE /ASS /DE POW
AND W /2.•/ SIDE SLOPE OUTSIDE POW
ELEV. TAP OF 616RM, 66.5
ELEV. TAP OF WATER= 655
RESTRICTOR STRUC ISIS! SHT. 3 FOR DETAIL)
R/A/ 67.57J
/NV. 8 "0 P. V.0 63.65
O.F. 655
OR/F /CE=/ e
60 S/L TATION CONTROL STAND PIPE
36'8 ORATED CAP W/l RASIN RACK
AM-GRAVEL CORE SEE Mr 3 FOR DETAIL
75 .
ROCK RMAPirierlegr_
SPILLWAY SEE SHT. 3 FOR DETAIL
70
66
PLASTIC ADS PEFORATED
/ ,INT PTOR DRAIN SEE
/ / ET 3 FOR DETAIL
05%
65
(` 820
PROPOSED
F/LL
SECT /ON 'B -B"
SCALE. I" = 20'
/ "= 5'
Flller Fetle Wlerlei 711' .Ir re11a
Um dsFlee sr sin else Is ells*
Miele N wire
rMrr 14 Ga wM*
f ►merle or oak
3../
(TYP.I
F1111. FrewIr
� I I
I I
VAR /ES
•
CONSTRUCT DRAINAGE
SWAL E S= O.5X min.
SEE SHT. 3 FOR DETAIL S
FL Ow
20' M /N. SETBACK
4" PERFORATED PLAST /C ADS PIPE
FOR INTERCEPTOR DRAIN S• 05,E min
SEE SHEET 3 FOR DETAIL
LEAVE NATURAL VEGETA /AN
MEANDER SILT FENCE
AROUND VEGETATION
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO /SSO
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, CLARIFYING AND AMENDING
ORDINANCE NO. 1544 ESTABLISHING A MORATORIUM
ON DEVELOPMENT OF CERTAIN PROPERTY,
DECLARING AN EMERGENCY AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the City Council, on November 20, 1989, passed Ordinance No.
1544 declaring a moratorium on development on properties described as sensitive
areas, and
WHEREAS, questions have been raised as to the Council's intent indefining
"Development" and in describing the area affected by the moratorium, and
WHEREAS, the moratorium appears to work unnecessary hardship on certain
property owners or developers who had applications or processes pending on the
effective date of the moratorium which applications or processes were not specifically
excepted from the operation of the moratorium, and
WHEREAS, the City Council wishes to clarify and amend Ordinance No. 1544 to
cure these uncertainties and hardships, and
WHEREAS, Ordinance No. 1544 was passed as an emergency ordinance
effective immediately and to prevent the hardships referred to, it is necessary that this
ordinance be effective immediately.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Clarification of Definition of "Development." It was and is specifically
intended by the City Council that the definition of "Development' contained in Section
1.B of Ordinance No. 1544 be construed as broadly as possible to include all processes
relating to land use, specifically including but not limited to those mentioned in
Ordinance No. 1544, SEPA applications and Board of Architectural Review applications.
Section 2. Clarification and Amendment of Designation of Property Affected. It
was and is specifically intended by the City Council that the moratorium apply to all
parcels containing a "sensitive area" and not that it apply only to the "sensitive area"
itself. In furtherance of this clarification, Sections 2.A and D of Ordinance No. 1544 are
amended to read in full as follows:
A. No development shall be permitted to occur on any parcel of property in
Tukwila, Washington, containing any area designated as a sensitive area or as
open space during the moratorium which is established by this ordinance.
No permits allowing such development shall be issued during such
moratorium.
D. All applications for development specifically including, but not limited to, new
permit applications, rezones, or plats (regular or short) on any property in
Tukwila, Washington, described in paragraph A above, submitted during this
moratorium shall be refused and not processed until this moratorium has
terminated.
C c
Section 3. Specific Conditional Exceptions. There shall be added to Section 2 of
Ordinance No. 1544 new paragraphs E, F and G as follows:
E. In addition to Paragraph C above, all development for which there were
specific applications pending on November 20, 1989, and which do not
impact the "sensitive area" or its "buffer" as those terms are defined in the
October 25, 1989 Sensitive Area Ordinance, may continue to be processed
during the period of the moratorium provided the applicant and the property
owner, if different from the applicant, execute for recording an agreement that
all such continued processes be subject to the provisions of any Sensitive
Areas Ordinance passed before the termination of this moratorium and
acknowledging that such is continued at their request and at their risk and
expense. The agreement must also state that it is understood that regardless
of the continuation of such pending processes, application or requests for
any other processes required for the project but not specifically applied for by
5:00 p.m. November 20, 1989, will not be accepted or processed during the
moratorium period, unless • it is clear on the face of such applications that the
process applied for will not impact such "sensitive areas" or "buffers" except
that under no circumstances will a new application for a building permit be
accepted.
For those who feel the moratorium on their property is creating an undue
hardship for financial, personal, or other reasons, they may petition in writing
to the City Council. A date for the Council to hear that petition will be set by
the Council President. In considering the petition, the Council will bear in
mind the intent of the moratorium; the best interests of the City weighed
against the interests of the individual; the circumstances and hardship caused
by the moratorium; and the damage that could result from strict adherence to
the moratorium.
F. An additional exception to the moratorium shall be granted to those 12,000
square feet or lesser sized R -1 properties which are already developed with a
single family home.
G. An exception process is hereby established for any property owner for whom
the moratorium prohibits acting on an issue that constitutes a hazard or threat
to the safety of people or property.
1. The applicant shall submit an exception request to the Director of
Community Development, explaining the threat to persons or property, the
expected results from inaction, and a plan for dealing with the threat.
2. The Director of Community Development shall consider the exception
appeal, and may require scientific, technical or other reports for
verification of the hazard.
3. The Director of Community Development shall respond to the request for
exception within three business days of receiving both the exception
application and any additional information requested. If immediate
response is dictated by the circumstances of the emergency, a more
timely response will be given.
a. In no case will an exception be given for wholesale clearing and /or
grading of property, but this amendment is intended only to allow
action such as the removal of hazardous vegetation such as trees.
Section 4. Effective Date. This ordinance shall take effect and be in force
immediately upon its passage as an emergency ordinance in order to amend
Ordinance No. 1544, whit,'. i :blishes a moratorium on development on certain
prooperty within the City.
i
C
PASSED BY THE CITY COUNCIL OF TH CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this /R0 day of , 1989.
ATTEST /AUTHENTICATED:
ED AS TO FORM:
APPRO
OFFIQE,OF THE CITY ATTQRNEY:
By i ,t1-7
FILED WITH THE CITY CLERK: I a /g • S 9
PASSED BY THE CITY COUNCIL; g 9
PUBUSHED: 9
EFFECTIVE DATE: / / 9
ORDINANCE NO.: /5-.5-a
(
Section 1. Definitions.
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. /$ V 9
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING A MORATORIUM ON
DEVELOPMENT ON CERTAIN PROPERTY WITHIN THE
CITY, DECLARING AN EMERGENCY AND FIXING AN
EFFECTIVE DATE.
WHEREAS, the City Council has determined that the current zoning and land use
regulations of the City of Tukwila relating to certain areas within the City are inadequate to
protect the health, safety and welfare of the citizens and the environmental quality of such
areas, and
WHEREAS, the City Council has referred the issue of further land use regulations
for such areas (referred to as "sensitive areas ") to the Planning Commission for
consideration and public hearing, and
WHEREAS, the SEPA Responsible Officer for the City has made a determination
that such further regulations would not have a significant adverse impact on the
environment and has issued a DNS with regard thereto, which determination is currently
the subject of certain appeals, and
WHEREAS, the Planning Commission has held a first public hearing on such issues
on November 9, 1989, and
WHEREAS, on November 7, 1989, voters approved a King County bond issue to
authorize the acquisition of certain property located within the boundaries of the City of
Tukwila for open space, and the Planning Commission and the City Council need adequate
time for careful consideration of and input to the "sensitive areas' ordinance, and time to
allow acquisition of the bond open space areas, and
WHEREAS, the SEPA Responsible Official for the City has determined that such a
moratorium is exempt from SEPA procedures pursuant to WAC 197 -11- 800(20), and
WHEREAS, after notice duly given, a public hearing on the issue of a moratorium
was held before the City Council on November 13, 1989, at which time all those wishing to
speak were heard, and
WHEREAS, action must be taken immediately to avoid an imminent threat of public
health, safety, and welfare and to prevent an imminent threat of serious environmental
degradation pending final action by the City Council and King County.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWIIA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
A. "Moratorium" shall mean a time period of six months from the effective date of
this ordinance during which no development shall be permitted.
B. "Development" shall include any clearing, grading, filling, building, or any similar
or related land use activity whether or not any permit or prior approval is required, and
shall include any activity or procedure for which application must be made to any
department or board of the City of Tukwila.
C. "Sensitive Area" means any wetlands, watercourses, slopes steeper than 15 %,
landslide hazard areas, and abandoned coal mine areas, all as defined in the Draft Sensitive
Areas Ordinance dated October 25, 1989, on file at the Tukwila Department of Community
Development.
D. "Open Space" means those areas in Tukwila designated in the King County bond
issue approved by election on November 7, 1989, a description of which is on file with the
City Clerk which description is hereby incorporated herein.
Section 2. General Requirements.
A. No development shall be permitted to occur in any area designated as a sensitive
area or as open space during the moratorium which is established by this ordinance. No
permits allowing such development shall be issued during such moratorium.
B. The moratorium established herewith shall be temporary in nature, shall
commence on the effective date of this ordinance, and shall run until midnight on May 13,
1990, unless sooner ended or extended by action of the City Council.
C. The moratorium shall not prohibit development for which the necessary final
building or subdivision or short plat permits or approvals have been obtained prior to the
effective date of this ordinance or for which completed applications for a building permit or
for a subdivision or short plat have been filed with the appropriate officials of the City prior
to such date.
D. All applications for development specifically including, but not limited to, new
permit applications, rezones, or plats (regular or short) in a sensitive area or open space
area submitted during this moratorium, shall be refused and not processed until this
moratorium has terminated.
Section 3. Severability. If any portion of this ordinance is found or rendered invalid
or ineffective, all remaining provisions shall remain in full force and effect.
Section 4. Penalty. The general penalties provided for in the Tukwila Municipal
Code shall apply to any violations of this ordinance, and any person, firm, corporation, or
association failing to comply with any of the provisions hereof shall be deemed guilty of a
misdemeanor.
Section 5. Effective Date. This ordinance shall take effect and be in force
immediately upon its passage as an emergency ordinance in order to consider and adopt
new land use regulations for sensitive and open space areas.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, THIS a o 4 1 1 DAY OF , 1989.
ATTEST /AUTHENTICATED:
,
e�rso Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By
FILED WITH THE CITY CLERK: /l - d 0 S
PASSED BY THE CITY COUNCIL; / I - o - le9
PUBLISHED: /i - .2 - 8' 9
EFFECTIVE DATE: / ! - a ! ' & 1
ORDINANCE NO.: /3
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