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HomeMy WebLinkAboutPermit 90-04-SPE - GOLD STAR ACQUISITIONS - SENSITIVE AREA WAIVER90-4-SPE 90-04-spe 14841 42nd avenue south goldstar acquisitions Minutes - Regular Meeting January 15, 19% Page 7 J Request for Waiver - Goldstar Acquisitions, Inc. NEW BUSINESS *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 CRITICAL AREA SENSITIVE AREA OVERLAY. He does not believe this property Sts 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 tI _ _ 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 ADJOURNME 11:06 p.m. MOVED BY DUFFLE, SECONDED BY MORIWAIU, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. Gary L Van Dusen, Mayor 7 tu, Deputy City Clerk c J J Mr. Rick Beeler City of Tukwila 6200 Southcenter Blvd. Tukwila, Wa. 98188 Dear Mr. Beeler: Please find attached a copy of a letter to the City Council regarding removing our lot from the sensitive area ordinance moratorium as we discussed over the telephone this date. It would be greatly appreciated that the Planning, Permit and Public Works Department continue to process our permits even during the appeal time to the City Council, so that we can meet our dead lines in anticipation of the council removing the lot from the moratorium. rl -t t ./.\ J 1' r .A ,� k L. \ • `1 J. i 1 ; • V \ • GOLDSTAR ACQUISITIONS, INC. 340 Mt. McKinley Dr. S.W. Issaquah, WA 98027 A/C (206) 391 -8433 !!! HAND DELIVERED !!! Re: Removal of lot from Sensitive area moratorium Respectfully, January 9, 1990 GOLDST R A •UI SiTIONS, INC. RE /njp -Ion Ewar , i sident P. S. Please forgive me if I have misspelled your name. I was distressed by this new information on our permits and in a hurry to resolve the problem. Business & Real Estate Acquisitions, Development, investments, Consulting Tukwila City Council 6200 Southcenter Blvd. Tukwila, Wa. 98188 Dear City Council: • GOLDSTAR ACQUISITIONS, INC. 340 Mt. McKinley Dr. S.W. Issaquah, WA 98027 A/C (206) 391 -8433 January 9, 1990 !!! HAND DELIVERED !!! Re: Removal of lot from Sensitive area moratorium We applied to your Permit Department for a house relocation and utility permit for a 60' X 120' residential lot at 14841 42nd Ave. South on December 15, 1989. We are planning to move a single - family home from 12535 37th Ave. South to the new location. We have spent in excess of $4,500.00 for engineering, surveys and house moving costs trying to satisfy the city's requirements for the permits and get the home to be moved ready in time to meet dead- lines. We had already received relocation and utility permits for the two lots immediately adjacent and north of the subject lot. Now we receive notice from the City Public Works Dep't. that our third lot falls under the sensitive area ordinance moratorium. Within a few weeks we are going to have to close on our agreements to purchase the lot. By January 31, 1990 we have to have the house that is going to be relocated removed from its present site. We cannot wait around for a long, lengthy, drawn out, appeal process and we have no other lot on which to site this third home. I am sure that the sensitive area ordinance moratorium covering steep slopes was not meant to stop development on existing single family lots with slopes of around 15 %. This makes no common sense at all. Even roads can be built on 15% slopes. Had we had any hint that a legally divided single- family lot with all utilities could possibly fall under the moratorium, we would not have made an offer to purchase the lot nor would we have spent $4,500 in engineering, surveys and house moving costs. And why were our two other lots that are right next door not included in the moratorium. They have a similar slope to them. -1- Business & Real Estate Acquisitions, Development, Investments, Consulting Tukwila City Counci -2- January 9, 1990 'Further, all cities are concerned by the elimination of low- income housing. Our third house will be in the $80,000 range as a starter house for a young family, well below the average house sale of to- day. The city's actions will be responsible for removing this potential low income housing unit from the market. Conse uentl , for the above reasons, we res our lot at the above address be immediatel tive area ordinance moratorium and that our ceed in the •neatest •ossible haste so that lines. RE /njp cc: Mr. Rick Beeler, City of Tukwila Mr. Ron Linebarger, Wallace & Wheeler Respectfully —" GOLDS TA \ \ tt AC4UT ITIONS, INC. • • Ron Ewart, "" Pres`ident ectfull re nest that removed from the sensi- ermit a lications ro we can meet our time City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. VanDusen, Mayor STAFF REPORT TO THE CITY COUNCIL PETITIONER: Goldstar Acquisitions, Inc. PROPERTY LOCATION: 14841 42nd Ave. S. PROPOSAL DESCRIPTION: To construct a foundation for relocation of an 1,100 square foot single family residence onto a 7,268 square foot single family lot. EFFECT OF THE MORATORIUM: Application was made on December 15, 1989 for construction of a foundation on which to relocate an existing single family residence. The property has a slope of over 15 %. The moratorium Ordinance 1544 prevents approval of the application unless a waiver is granted by the City Council per Ordinance 1550. IMPACT OF THE SENSITIVE AREAS ORDINANCE: The draft Sensitive Areas Ordinance establishes performance standards to preserve hillsides and minimize excavation. Those standards are more strict as the slope of the property increases. The subject property has an overall slope of about 28% and an average slope of about 38% at the steepest portion of the lot, along 42nd Ave. S. The Ordinance does not preclude single family development on steep slopes. Ordinance 1550 requires the applicant to file an agreement to conform to the finally adopted Sensitive Areas Ordinance and that he accept the risk and expense that conformance may cause. DECISION CRITERIA: Ordinance 1550 states the City Council must use the following criteria to review waiver requests: 1. The intent of the moratorium. 2. The best interests of the City weighed against the interests of the individual. 3. The circumstances and hardship caused by the moratorium. 4. The damage that could result from strict adherence to the moratorium. ATTACHMENTS: 1. Vicinity and zoning map. 2. Site plan. C - • IIIII1 . ai way III1II ARM MEM FE .t Hi''' :cturmiczapea iacq • _ , P• RA ' 7 N or +h 4. COMPLIANCE f 2. LEGAL DESCRIPTION OP LOT: NOTES i 2. DISTANCE, REARING DATA and ELEVATIONS: Lot 1. ding County Short Plat Mo. 1111143 recorded under Auditor's Pile No. 111125 -1691, being a portion of Lots 16, 17, 18 and 29 of Adams Mom* Tracts according to plat thereof recorded in Volume 12 of plats, page S1, records of Ring County, Washington and situate in the Soutbeaat quarter of the Northwest quarter of Section 22, Township 23 North, Range 4 Sant W. M.. in Ring County. Washington, lying westerly of 42nd Ave. South. Also known as Ring County Tat Lot No. 114111 -1225. Distance and bearing data were taken from the short plat 1666613 survey and !tom Record of Survey m Volume 31, page 252, of surveys recorded on January 27, 1954 under Auditor's file No. 5411279116. Site elevations were referenced tram Manhole So. 7 -43 invert elevations, Val Vue Sower District as-built drawings for 42nd Ave. South, between South 145th and South 155th. Elevations were determined for the eastern tot corners and each corner of the single -family residence. Each elevation point is mocked with • black square. 3. CONSTRUCTION: A single - family structure is to be moved from 12535 Vliflike5 to co.s site. Tile home 1s to be erected on 1110e by the moving contractor and a Lull- basement foundation constructed under it. Tne structure w111 then be lowered to the foundation. Building Dust meet requirements, 111 thru I 1, of letter dated tram City of Tuku:Ts t0 GOLDSTAR ACQUISITIONS. INC. 50 Pr 1 NF.g'C' :Q ;lD / s yt7 !/ . 5 ., / J r tier OI 56 '11 \ \ ao•b \ \ \ � A N C 101 \\ \ O . ■ 1 \ \ 120' ) \ 1 / ' GGNE.RGL. NOTES' 1 . 1.) - Nu m- K LESS THAN 4000 SF p NEAI owa.L.OPNEAIT TNE:RGFORt r40 DETE3'1T1064 1S REWIRED •eR KING COUNTY 5TANOWAOS 2..) INSTALL. CONCRETE SLEEve- OvRR NATE R LINE UNDER 08,012.1A" Poi DPP*.. 1. **5 "MIN 'JO I■CM69, ej.) 12'C0s1C OgIVeMAr CULVERT TO pt IuSTa LLGD IN Uf. prtCMLINE. 1 4411.17A11I 12' MI11.1. COVER OvER PIPI. io I S V \ � ► ? � I \ . \7 ✓.. PV,- oaf__ —1 I '�•b Ika v lU '.MTV RGM L 1 1 1 1 11 . W 1 1 4 44 - PVC. N .84 .5E4C V i s t s � ! I D • 1 5 2 A.0 CL. "' CRUS.+GD stet Z5 1 j Fd IV 1P W44103 2‘ 25' 4200 Ave.. Si. 11. 10' SAN. bGN6R eit1 SI SEWER D .S7 IL dT1""`"" N o •dZ-e DEC 1 S ISIS MAW, tf .r, P CITY OF TUKWILA WASHINGTON ORDINANCE NO /SSD 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, SEA 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. 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 OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this /R day of ,1989. ATTEST /AUTHENTICATED: ED AS TO FORM: APPRO OFFI9,OF THE CITY ATTORNEY: //, By (,"i FILED WITH THE CITY CLERK: /a - /9 9 PASSED BY THE CITY COUNCIL; i,2 - / F - 9 PUBLISHED: 'ter -'> 9 EFFECTIVE DATE: / - 1 - 94 ' ORDINANCE NO.: /s- : . an Dusen, ayor CITY OF TUKWILA WASHINGTON / ORDINANCE NO. /-5 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 apphcation 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. 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 TUKWI A, WASHINGTON, THIS a e att DAY OF 1989. ATTEST /AUTHENTICATED: � g OL_i�.2e-s -f , e An erson, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By FILED WITH THE CITY CLERK: /l - a D - 8 PASSED BY THE CITY COUNCIL; / I - 0 - 1 1'9 PUBLISHED: /I -1 - 9 EFFECTIVE DATE: /1 . • k ORDINANCE NO.: /3'4 / fly /Alf sir r • .. • user, • ayor RE /njp CITY OF TUKWILA Building Department 6200 Southcenter Blvd. Tukwila, Wa. 98188 Attention: Shelly GOLDSTAR ACQUISITIONS, INC. 340 Mt. McKinley Dr. S.W. - ---- Issaquah,OWA 98027 A/C (206) 39184 • • riA 1 ,9 1 Y0 y u. 1UKvvi (∎ ,PLANNING 4 €PT. Dear Shelly: We hereby withdraw and cancel the permits for the above referenced Plan Check Number located at 14841 42nd.Ave. South. The project just became toocostly. GOLDSTAR ( Respectfully, � August 11, 1989 Re: Plan Ck. # 89 -433 A •UISI IONS, INC. Ewart, President ti Business & Real Estate Acquisitions, Development, Investments, . Consulting