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HomeMy WebLinkAboutPermit 90-03-SPE - WALLACE ENTERPRISE - WHITCO SENSITIVE AREA WAIVER90-03-spe 3700 115th street 11215 east marginal way south whitco January 22, 1990 7:00 p.m. CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL CITIZEN'S COMMENTS Recycling CONSENT AGENDA OLD BUSINESS Amend Agenda by deleting Item B, relating to Civil Service Pr LA TUKWILA CITY COUNCIL SPECIAL MEETING MINUTES Scott the recy was well . interesting recycling. solid waste specific sugg that the City d and implement burning be di encouraged. Tukwila City Hall Council Chambers Mayor Van Dusencalled the Special Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. E DUFFIE; DENNIS ROBERTSON; JOAN HERNANDEZ, Council sident; CLARENCE MORIWAKI; ALLAN EKBERG; STEVE RENCE; WALLY RANTS. ngle, resident of Tukwila, thanked the City for starting on ling information process. The Wednesday night meeting ended. Rebecca Fox and Craig Benton put on a very resentation. There were a lot of people interested in r. Nangle presented Council a report on the current isposal system in Tukwila, and he included . some stions for a better solid w - e utility. He suggested p the twice yearly free co pon for garbage disposal n on -call bulky goods • sposal program, that open (lowed, and that a rate incentive program be George Melina. 1 • 7 Cleanup Program s • • nso who do not normally - e Scott Nangle comment save garbage until the might address part of ch a. Approval of Vo ers 47th Ave. red thin Claims Fund Vouchers # Gener Fund City eet Wat r Fund Seyier Fund Foster Golf Course Surface Water Equipment Rental I r r VED BY DUFFIE, SECONDED BY H - ONSENT AGENDA BE APPROVED AS SU f The vouchers being approved are the first fo *MOTION CARRIED. , endorsed the Spring and Fall b the City. It helps those individuals s to the dump. the Program encourages people to ee dump period. A bulky item pickup roblem. 2727 - #42918 (January, 1990) $243,081.93 11,187.11 4,394.00 67,844.34 20,895.64 175.48 1 =1 920.31 NANDEZ, THAT THE MITTED.* 990. MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, THAT "B" BE DELETED BECAUSE ALL OF THE ISSUES HAVE NOT BEEN RESOLVED.* Item B is an Ordinance relating to the Civil Service Commission. *MOTION CARRIED. TUKWILA CITY COUNCIL, SPECIAL MEETING January 22, 1990 Page 3 OLD BUSINESS - Cont. Wallace (Whitco) petition for waiver (continued from 1/15/90) just a way to get additional time. ` That doesn't seem like a hardship. The, CRITICAL AREA SENSITIVE AREA OVERLAY, as it is drafted speaks specifically to hillsides; that is a hillside, there is no doubt about it. Some of those slopes are probably 90° and this is well beyond 40°. Council Member Robertson said he is against the motion. Go ahead with the SEPA process and see what issues are raised. They may be so severe that it will materially change their development or make it financially not feasible. The SEPA processes can do that, especially when the proposed development has such a dramatic impact as this one does; it is essentially moving a hill and creating a cliff. By granting this, we are still not allowing any rock to be removed. When the SEPA process is done, it is still coming back to Council. This will give us more time to ' develop the SAO and consider the question of how to treat rock or whether we are even going to treat rock different than dirt. Council Member Rants said he will not vote to allow the applicant to excavate the hillside until all questions are answered and this can be done through the SEPA process. Rick Beeler, Planning Director, explained that interested citizens have a right to appeal a decision on the SEPA process to the City Council. If they require an Environmental Impact Statement there could be some public hearings giving a chance for everyone to comment. Council President Hemandez said she will not vote in favor of the motion because she would like to know the outcome of the SEPA process. I don't see any harm in letting them go ahead with the SEPA process because there will be no excavation allowed during that time, and we will get the answers to our questions. Council Member Moriwaki commented that the request has changed since last week. In a memorandum the 'applicant offers technical expertise for the SAO process, but this seems like it is only a , special interest for the applicant to have the . SAO deal with his property in a favorable light. There is no guarantee that when the SEPA process is completed, before the moratorium is over, and the SAO has a whole new multitude of issues that weren't addressed during the SEPA process, where are you because you have already approved this document. *MOTION FAILED WITH DUFFIE AND MORIWAKI VOTING YES. MOVED BY ROBERTSON, SECONDED BY RANTS, THAT COUNCIL GRANT A WAIVER FOR THE SEPA PROCESS ONLY.* Council Member Robertson explained that if we do this, they can go ahead with the SEPA process, then the Planning Director will decide if it is non - significant or not. The applicant will get a better view of the scope and cost of his project. There may be some test drillings done during this process, but this is the only activity that will take place on the site. Council Member Lawrence asked if Council grants the waiver, can they proceed with the installation of the fence. Mr. Beeler thought that would be permissible. Council Member Ekberg asked if in considering the waiver for the SEPA process only, does it include the issue of making it subject to filing an agreement to conform to the adopted Sensitive Areas Ordinance and to process the application at ' his risk and expense? He wanted to be sure this was included. TUKWILA CITY COUNCIL, SPECIAL MEETING January 22, 1990 Page 2 OLD BUSINESS - Cont. V / Wallace (Whitco) petition for waiver (continued from 1/15/90) The Whitco petition for waiver from the moratorium under the Sensitive Areas Ordinance was continued from the Regular Meeting of January 15, 1990. Mayor Van Dusen asked if there was any new information from members of the audience. Bob O'Connal, 1009 Minor Ave. East, Seattle, is speaking for Mr. White. They have met with City Staff in an attempt to resolve the problem. It has been recommended that they request the waiver on the SEPA (State Environmental Policy. Act) process and then come back to Council for a waiver on the grading permit at a later date. Rick Beeler, Planning. Director, explained that several months ago he required an Environmental Impact Statement to be prepared for this application. The applicant has been preparing supplemental information working to resolve the issues so he could get a mitigated determination of non - significance. They were close to making the final decision when the moratorium was imposed. Roger Baker, audience, stated he is against allowing them to proceed with excavation under the conditions they have now. Daniel Arrigon, 4610 So. 124th, said he is representing citizens from the hillside. He expressed some of their concerns. The Sensitive Area Ordinance doesn't say anything about rock. The waiver should not be granted as the Whitco Company has not shown financial or personal hardship. If Council approves this now, it will be easier for other applicants to get approval. One of their biggest concerns is the steepness of the hill. If they cut the hillside more than 40% they are causing a hazard for the children in the area; knowing children, they are going to try and climb it. If they started cutting into the hill and get into softer soil, what is going to happen? Connie Hoffman, 3924 So. 114th, commented that she lives on the hill in question. She quoted from testimony. Mr. White had given about financial hardship they will suffer if the waiver is not granted. When Mr. White purchased this property, it was in King County but was in the process of being annexed to . Tukwila. He should have planned for this. He should have realized the process with Tukwila would be different than King County. Mr. White cited three ways a waiver would benefit the City. (1) Dedication of the river bank area to the City. This Property lies within the 200 feet of the river and falls under the Shoreline Management Act. (2) Improvement of utilities to the area. The area has its own utilities and would not benefit from Whitco's installation. (3) Increase the tax base in Tukwila. The City already has a good tax base and there are more than 46,000 jobs in the City because of the development. She was told that the residents of the City come first. She asked Council to proceed slowly with this development. The only value this will give to the community is cosmetic. It will be the first thing you see when you enter our City. ft is important to us what the final grade of the hill is going to be. Milton Smith, Attorney for Whitco, offered to answer any questions. MOVED BY MORIWAKI, ' SECONDED BY DUFFIE, THAT COUNCIL DENY THE WHITCO REQUEST FOR WAIVER FROM THE SENSITIVE AREA ORDINANCE.* Council Member Moriwaki said the points for granting the waiver have not been adequately expressed. Emergency and hardship have been briefly mentioned. It looks like the request for waiver is TUKWILA CITY COUNCIL, SPECIAL MEETING January 22, 1990 Page 4 OLD BUSINESS - Cont. Wallace (Whitco) petition for waiver (continued from 1/15/90) Resolution #1130 Recognizing the bond issues for the South Central and Highline School Districts. ADJOURNMENT 8:27 p.m. MOVED BY LAWRENCE, SECONDED BY DUFFIE, THAT THE MOTION BE AMENDED THAT A TEMPORARY FENCE BE CONSTRUCTED AS PLANNED AROUND THE PERIMETER OF THE PROPERTY FOR SAFETY. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT THE MOTION BE AMENDED TO INCLUDE THE WAIVER REQUEST IS SUBJECT TO FIUNG AN AGREEMENT TO CONFORM TO THE ADOPTED SENSITIVE AREAS ORDINANCE AND TO PROCESS THE APPLICATION AT HIS RISK AND EXPENSE. MOTION CARRIED. Bill Scheffler suggested that the result of the SEPA process be posted on the property. to give the people in the area a chance to *MOTION CARRIED AS AMENDED WITH MORIWAKI AND DUFFIE VOTING NO. MOVED BY MORIWAKI, . SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Colgrove read a resolution of the . City of Tukwila, Washington, expressing support for the passage of school bond issues in the Highline and South Central School Districts. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT RESOLUTION NO. 1130 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE SPECIAL MEETING OF THE TUKWILA CITY COUNCIL. ADJOURN AND THAT COUNCIL GO INTO A COMMITTEE OF THE WHOLE MEETING: Gary L. Van Dusen, Mayor Ma An derson City lerk Minutes - Regular Meeting January 15, 1990 Page 5 Request for Waiver - Wallace Enterprises, aka Whitco 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. RECESS 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 En_ terprises, aka Whitco, was opened by Mayor VanDusen at 9:20 p.m. Egg rises, 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 • roposal would be near vertical and the rock face would be -. • • . • The applicant would be willing to not develop the top of the Mr. Beeler commented that normally 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 - 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 p April of last year. Mr. O'Connell believes the topography of over 60 e rcent of Mr. White's property will be within the SAO. y He feels if they are unable to get relief from the ordinance, this property,will 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 pnmary 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 V Wallace Enterprises Ralph Bieberman, 400 No. 34th St, project eotechnical engineer, Waiver Request (con't) concurred with Mr. O'Connell. g 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 Hatten, 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_years 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. Minutes - Regular Meeting January 15, 1990 Page 7 Request for Waiver - Goldstar Acquisitions, Inc. NEW BUSINESS REPORTS *MOTION CARRIED. THE WAIVER REQUEST OF WALLACE ENTERPRISES IS CONTINUED FOR ONE WEEK. The public meeting was opened at 10:26 p.m. DCD Director Rick Beeler reported that the following corrections regarding the degree of slope on the property: The overall slope of the property is 19 percent; next to the road there is a horizontal area of about six feet where the property slopes approximately 30 percent. Mr. explained that the applicant proposes to re- locate an existing house onto an existing single family lot. He added that this area would not come under the SAO as it is now written. Ron Ewart, President of Goldstar Acquisitions, 340 Mt. McKinley Dr. S. W., reported that he must have the house on the site by January 31. Mayor VanDusen closed the public meeting at 10:47 p.m. MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, THAT THE WAIVER REQUEST OF GOLDSTAR ACQUISITIONS, INC. BE GRANTED.* Councilman Robertson commented that the lot appears to be marginal in its impact of the SAO. He does not believe this property fits under the intent of the SAO or the moratorium. *MOTION CARRIED. THE WAIVER REQUEST OF GOLDSTAR ACQUISITIONS, INC. IS GRANTED. MOVED BY MORIWAKI, SECONDED BY DUFFLE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney. Colgrove read a Resolution of the City of Tukwila, Washington, declaring an emergency for various street repairs, caused by heavy rains, and authorizing emergency expenditures. MOVED BY MORIWAKI, SECONDED BY DUFFLE, THAT RESOLUTION NO.1129 BE APPROVED AS READ.* Mayor VanDusen praised City employees and City crews for. the excellent job they did handling the emergencies caused by the excessive rains on January 9. *MOTION CARRIED. Mayor VanDusen reported that he had accepted the resignation of Karen Robertson from the Parks Commission. Council President Hernandez reported that the BRB had set the boundary for the Cascade View annexation back to 128th but gave the City a border line of commercial property along Pacific Highway South. This will allow our Fire and Police Department to maintain control of both sides of Higinwey_99. Councilman Moriwaki commented that he had been asked to serve as a board member on the Childcare Resource and Referral Committee. Minutes - Regular Meeting January 15, 1990 Page 8 M.1.21LIINMEEE 11:06 p.m. MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. Gary L Van Dusen, Mayor J tu, Deputy Citytlerk Ms. Maxine Anderson City Clerk CITY OF TUKWILA 6200 Southcenter Blvd. Tukwila, WA 98188 Dear Ms. Anderson: WALLACE ENTERPRISES aka WHITCO P. 0. Box 3767 Seattle, Washington 98124 January 5, 1990 Re: Whitco Property Moratorium Waiver Petition We have reviewed the provisions and conditions of City of Tukwila Ordinance No. 1550 and based on the intent of this ordinance Mr. Elmer J. White, Sr. of Wallace Enter- prises, owner of that property, commonly known as the Whitco property, subject of Grading Permit Application EPIC- 16 -89, petitions the City Council of Tukwila to grant a waiver and . exception to the development moratorium established by City of Tukwila Ordinance No. 1544. This exception and waiver is requested under Ordinance No. 1550, Section 3, adding a new subparagraph E to Section 2 of Ordinance No. 1544. The subject property is a 10.3 +/- acre parcel of land lying between South 112th and 115th Street right-of- ways, west of C.D. Hillman's Meadow Gardens Addition and east of the Seattle City Light Right -of -Way (formerly the Seattle- Tacoma Interurban Right -of -Way). This parcel is zoned MH. A grading permit for this parcel was applied for through King County on May 12, 1988. King County processed and reviewed the permit and had determined in. February of 1989 that subject to final review, approval of the permit to grade and fill this site could be granted. It was at this time that jurisdiction of the permit passed from King County to the City of Tukwila (official transfer date March 31, 1989). Per instruction and with help . from both city and county officials, the grading permit file and application was formally given to the. City of Tukwila for processing on April 26, 1989. The permit application was processed and reviewed by City staff and was within two weeks of com- pletion when the City took the moratorium action of Ordinance No. 1544. It should be noted that extensive efforts had been made to mitigate City of Tukwila SEPA Environmental Ms. Maxine Anderson City of Tukwila January 5, 1990 Page two Concerns during the permit process. We understood these mitigations were leading to a recommendation of approval at the time of the moratorium. This petition is requested for the following reasons: 1. While Mr. White's property does have topographic features that may come within the definition of Paragraph C of City Ordinance No. 1544 for slopes steeper than 15 %, these slopes are rock faces. It had been the intent to grade these slopes to remove hazardous and loose frac- tured rocks to stabilize slopes in conjunction with both owner and City soils consultant findings. The grading was meant to provide a safe and level area below the slopes on which to develop an office and warehouse site in accordance with current zoning. There has been no application made to the City or County to develop on or above the existing or stabilized slope areas. It is our belief that this slope stabilization is consistent with Paragraph G of City Ordinance No. 1550 and in the best interest of the citizens of Tukwila. Excavation will be conducted in accordance with the excavation plan drawings submitted. Excavation will occur entirely on the Whitco property and will not affect neighboring prop- erties. 2. This grading and any subsequent development proposals have met and will comply with all SEPA and ordinance conditions of the City of Tukwila and therefore not im- pair environmental quality. 3. That as noted in the brief recap of events above, we have suffered significant hardship and delay to obtain this permit. The delay has been due to conditions total- ly beyond our control and has caused many thousands of dollars of additional expense to get as close to permit approval as we were prior to the moratorium. If this waiver is not granted, we will be subject to considerably more financial hardship from increasing development costs, lost revenues, and potential liability by those trespassers who regularly vandalize this property with motorized vehicles. 4. That by allowing this development . to proceed, the City of Tukwila will benefit by the following measures: Ms. Maxine Anderson City of Tukwila January 5, 1990 Page three c. an increased tax base. a. dedication of river bank area to the City for river . bank stabilization and recreation, b. improvements to utilize in the area, and Based on all the above, we feel that in the best in- terest of the City and citizens of Tukwila an exception and waiver to City of Tukwila Ordinance No. 1544 should be grant- ed. We seek the earliest hearing and consideration of this petition. Please advise us if we will be scheduled on the agenda for the City Council meeting on Monday, January 8, or some other date. Sincerely, ;84! [. ; l 1,G' °e Elmer J. White, Sr. for Wallace Enterprises aka Whitco PETITIONER: Wallace Enterprises aka Whitco PROPERTY LOCATION: 10.3 acre parcel bounded by S. 115th Street, the 112th Street right -of -way, Seattle City Light right -of -way and C.D. Hillman's Meadow Gardens Addition. PROPOSAL DESCRIPTION: To cut 154,820 cubic yards and fill 8,800 cubic yards in order to level an M -1 zoned property for future commercial development. EFFECT OF MORATORIUM: Cit 'of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433.1800 Gary L. VanDusen, Mayor STAFF REPORT TO THE CITY COUNCIL Applicant submitted an Environmental Checklist and Grading /Fill application on May 24, 1989. On August 25, 1989, the SEPA Responsible Official issued a Determination of Significance thereby requirintg an environmental impact statement. Additional information was provided, but review by the Responsible Official was stopped by the moratorium. Proposed slopes are 2 :1 transitioning to .5:1 horizontal to vertical. II1PACT OF SENSITIVE AREAS ORDINANCE: The Draft SAO performance standards for sloping property discuss preserving hillsides and minimizing excavation. The proposal is to excavate the hillside to produce a level future potential development site, while leaving a near vertical face on the hillside. Slopes over 40% are not to be developed according to the draft SAO. Ordinance 1550 requires the applicant to file an agreement to conform to the fianlly adopted SAO and to accept the risk and expense of that conformance. Because of the severity of the proposed slope, potential restoration or a alternation per the final SAO may be very difficult to attain. DECISION CRITERIA: 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. ATTACHMENTS: 1. Vicini Map 2. Site Plan S40.N le Iola iw •'•If it Lela galp M2 r 46 Li 1 _ - • • is I ddS • 0.0 O . 11,,. .y i, • �I �tq� qua tin4 ,., T f I t.O1,.1s. L LiirMrJ sour a�1. •�uJ r 412 ♦. II.' * WT %tab C•JNT7 * WII4J,J•T11.1 /V. cf..) n■ ORn ; t • 1 L I 11 !"1.111 I I 1: 1 1: 1 :41 1 8 1 :4 1 : 1 6 ! !! , ; !I I I I �� ail t loess I t � ;1! I ! Ij ;q 11�i11 t l;,; ! iiI i !'��i `! Iel i ! I • ' ;'1 I !Pr • IIII• i 1 I i ! I_! I ibl it � _ �•": BUSH. ROED 8 HITCHINGS, INC. CITY OF TUKWILA WASHINGTON ORDINANCE NO. /5 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 Desistnation 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. 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, which establishes a moratorium on development on certain prooperty within the City. PASSED BY THE CITY COUNCIL OF TH CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this /' day of ,1989. ATTEST /AUTHENTICATED: APPROVED AS TO FORM: OFFI9EEpF THE CITT ATT RF EY: By (0( FILED WITH THE CITY CLERK: /a - /9 - .Y 9 PASSED BY THE CITY COUNCIL; /2 - / fl 2' PUBLISHED: /. - '1 y 9 EFFECTIVE DATE: I • / - 9e ORDINANCE NO.: /5 ( CITY OF TUKWILA WASHINGTON / ORDINANCE NO. /S 7'� 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 TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. 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 ermit 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. Severabilit'. 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 C UNCIL OF THE CITY OF TUKWILA, WASHINGTON, THIS ,� a DAY OF ,1989. ATTEST /AUTHENTICATED: 7att:n APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By FILED WITH THE CITY CLERK: /1 d D - 8 9 PASSED BY THE CITY COUNCIL; i I - . o - 9 PUBLISHED: /I - .2 / - $' 9 EFFECTIVE DATE: / / - d2 ! ' Y 1 ORDINANCE NO.: /5-4 V s r ir" • usen, • ayor