HomeMy WebLinkAboutPermit 90-05-SPE - MIKAMI MATT - SOUTHCENTER RETAILL II SENSITIVE AREA WAIVER90-05-spe 16813 southcenter parkway
epic-32-89
89-15-dr
mikami matt
MEMORANDUM
TO: Planning Staff
FROM: Gary Schulz, Urban Environmentalist - DCD
RE: SAO Tracking Form
DATE: September 10, 1991
Council asked staff to track specific project details related to
sensitive areas. It appears this task will be required through the
end of this year.. Please use the attached form for each project
you are working with that has critical area sensitive areas. Please complete the
form for all projects that have been affected by the adopted SAO
and file for future reference. The Sensitive Area Data Tracking
file will be kept at the front counter.
I have been informed that a report to the Council is needed this
month and will include as much sensitive area information as we can
provide. If you have questions about the form please let me know.
1. Sensitive Areas
Sensitive Area - Data Tracking Form
EPIC FILE NO. LAND USE CDAtMG,.
PROJECT NAME Six, r if G6') 4'7 ? .. (rm L
Potential Geologic Instability Area
Can not be altered or developed
Alteration or development avoided
Additional study required
Wetland
Can not be altered or developed
Alteration or development avoided
Not inventoried
Watercourse
Can not be developed or altered
Alteration or development avoided
Coal Mine Hazard Area
Special study required
Cannot be developed or requires protective measures
2. Sensitive Area Study- Waivers
Project has on -site sensitive areas
Type of sensitive area?
Off -site sensitive area is within 100 feet
Type of sensitive area?
Buffer analysis required?
3. Buffers
Reduction
Type?
Expansion
Type?
Geologic instability
Setback Distance?
4 . Wetland Alteration /Relocation
Classification Types?
How many wetlands?
Total acreage?
Wetland size < 400 square feet
How many?
Off -site mitigation
5. Watercourse Alteration /Relocation
Classification Types?
How many watercourses?
Approximate length piped?
Fisheries enhancement?
6. PRD Density Standards
How many density transfer credits?
Percent increase in density?
7. Uses Approved By Administrative Review
What are they?
Rick Beeler, Director, D.C.D.
City of Tukwila
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
RE: Building Permit Review for Southcenter Retail Building Phase II SPECIAL PERMISSION WAIVER TO CRITICAL SENSITIVE AREAS MORATORIUM ORDINANCES
Dear Mr. Beeler,
The Tukwila City Council granted this project a waiver from the
moratorium pursuant to ordinances 1544 and 1550, and I have
executed the attached "Agreement to be Subject to a Sensitive
Areas Ordinance." I hereby request that you immediately begin
all necessary reviews to ensure the timely issuance of a building
permit.
I acknowledge the following:
1. That this building permit application has been submitted
prior to SERA review, approval by the Tukwila Board of
Architectural Review and receipt of the City's fully
clarified conditions to the moratorium waiver,
2. That this building permit application is vested only to the
extent it is consistent with all the conditions finally
established in the reviews listed in Item No. 1.
3. That the above analyses and City actions may require project
design changes which may result in additional plan check
fees and review time,
4. That the building permit shall not be issued until the
proposed project is consistent with all final conditions in
Item No. 1,
5. I agree to pay any such fees, and
6. I hold the City harmless for any delays or costs incurred as
a result of project design changes due to the above.
Sincerely,
Robert Schofield Date
cc: Beeler /City Attorney /file.
C,Tf
AGREEMENT TO BE SUBJECT TO A SENSITIVE AREAS ORDINANCE
The undersigned owner /developer of real property located at 16813 Southcenter
Parkway, Tukwila, Washington, and more specifically described in Exhibit A
attached hereto, hereby acknowledge that such property is subject to the moratorium
imposed by Tukwila Ordinance Nos. 1544 and 1550. The undersigned have
petitioned for relief from the provisions of the moratorium as provided for in
Ordinance No. 1550 and in consideration of such relief, agree that if the City of
Tukwila will process the following applications:
EPIC -32 -89 — SEPA for Mikami Design Review
89 -15 -DR — Mikami Design Review (BAR)
Mikami Building Permit Application to Implement Above Project
The development of the property described in Exhibit A will be subject to all of the
provisions of the Sensitive Areas Ordinance as finally passed by the City Council,
even though those provisions may be more restrictive than any conditions or
limitations imposed by or resulting from the SEPA, BAR and Building Permit
processes described above.
The undersigned agree that such processes will be continued solely at their risk and
expense and that the result of the final Sensitive Areas Ordinance may be to require
extensive project modifications and reevaluation or rescission or withdrawal of any
approval arising out of the SEPA, BAR and Building Permit processes. It is also
understood and agreed that continuation of the SEPA, BAR and Building Permit
processes does not mean that any other application for this project will be accepted
or processed unless the City Council approves a petition therefor.
The undersigned acknowledge that the waiver was made subject to the following
conditions which the undersigned agree to meet as partial consideration for the
waiver.
A. Fill may be emplaced to feather grades up to the existing 34-ft. contour;
however, cuts may not be made into the 28 ft. contour west of the drainage
ditch. Development may occur up to the 30 to 34-ft. contour which lies
westerly of the drainage ditch as shown in Exhibit B and represents the toe of
the 15% slope.
B. In the stockpile area, the original 34 ft. contour shall be used as the maximum
cut line. No cuts into original slopes above this contour shall be allowed. This
maximum cut may only be done if slopes no more than 2:1 can be established
between any cut and the existing slopes. No development shall occur above
this 34 ft. contour line in the stockpile area as shown in Exhibit B.
C. No rockeries or retaining walls shall be allowed in the northwest corner of the
site.
•
The undersigned further acknowledge that this conditional waiver was given in
reliance on the accuracy of the information supplied by the undersigned, induding
the original and existing grades as shown on the Bush Roed & Hitchings survey as
revised on March. 12, 1990, and agree that they bear all risk of inaccuracy of such
information.
The undersigned acknowledge that the covenants herein run with the land
described in. Exhibit A, and that this document will be recorded with the King
County Department of Records and Elections and that those covenants cannot be
released without the written consent of the City of Tukwila.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
DATED: Marc)) /4
MATT M. MIKAMI, Owner
ROBERT H. SCHO
Developer /Applicant
,1990.
Notary Itblic in for the State of
Washington, residing at
I certify that I know or have satisfactory evidence that MATT M. MIKAMI, Owner,
and ROBERT H. SCHOFIELD, Developer /Applicant are the persons who appeared
before me, and said persons acknowledged that they signed this AGREEMENT TO
BE SUBJECT TO A SENSTTTVE AREAS ORDINANCE, and acknowledged it to be
their free and voluntary act for the uses and purposes mentioned in the instrument.
DESCRIPTION:
PARCEL A:
EEXHIBIT A, Page 1 of 2
4:
THAT PORTION OP THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 (HEREINAFTER REFERRED
TO AS THE SUBDIVISION) IN SECTION 26. TOWNSHIP 23 NORTH. RANGE 4 EAST M.M.
LYING WEST OF COUNTY ROAD NO. 972. MESS BROTHERS ROAD, CONVEYED TO KING
COUNTY BY DEED RECORDED UNDER RECORDING NO. 921233 ( SOUTHCENTER PARKWAY
FORMERLY 57TH AVENUE SOUTH), DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SUBDIVISION, 1.020 FEET NORTH OF
THE SOUTHWEST CORNER THEREOF;
THENCE NORTH, ALONG SAID WEST LINE, 294.62 FEET, MORE OR LESS, TO THE
NORTHWEST CORNER OF SAID SUBDIVISION;
THENCE EAST, ALONG THE NORTH LINE OP SAID SUBDIVISION. TO THE INTERSECTION
WITH THE WEST LINE OF SAID COUNTY ROAD;
THENCE SOUTH, ALONG SAID WEST LINE. A DISTANCE OF 294.62 FEET, MORE OR LESS,
TO THE INTERSECTION WITH A LINE RUNNING EAST PROM THE POINT OF BEGINNING
PARALLEL TO THE SOUTH LINE OF SAID SUBDIVISION;
THENCE WEST ON SAID PARALLEL LINE TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OP WASHINGTON FOR PRIMARY
STATE HIGHWAY NO. 1 (SR 5) BY DEED RECORDED UNDER RECORDING NO. 5524599 AND
5992105;
AND EXCEPT THAT PORTION LYING EASTERLY OF THE WESTERLY MARGIN OF SOUTHCENTER
PARKWAY AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6343852;
SITUATE IN THE CITY OP TUKWILA. COUNTY OF KING, STATE OF WASHINGTON.
PARCEL B:
THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL LYING NORTHERLY OP A LINE WHICH
IS 1,020 FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE HEREINAFTER
REFERRED TO NORTHEAST 1/4 OF THE SOUTHWEST 1/4:
THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP
23 NORTH, RANGE 4 EAST N.M., DESCRIBED AS BEGINNING AT A POINT WHICH IS
OPPOSITE HIGHWAY ENGINEER'S STATION (HEREINAFTER REFERRED TO AS HES) LW
2504 +89.33 ON THE LW LINE SURVEY OF SR 5, SOUTH 178TH STREET TO SOUTH 126TH
STREET, AND 553.73 FEET SOUTHEASTERLY THEREFROM;
THENCE EASTERLY TO A POINT OPPOSITE HES LW 2505 +00 ON SAID LW LINE SURVEY AND
590 FEET SOUTHEASTERLY THEREFROM:
THENCE NORTHERLY TO A POINT OPPOSITE HES LW 2505 +75 ON SAID LW LINE SURVEY AND
570 PEET SOUTHEASTERLY THEREFROM;
THENCE NORTHERLY TO A POINT OPPOSITE HES LW 2507 +15 ON SAID LW LINE SURVEY AND
515 PEET SOUTHEASTERLY THEREFROM:
THENCE NORTHERLY TO A POINT OPPOSITE HES LW 2509 +50 ON SAID LW LINE SURVEY AND
500 FEET SOUTHEASTERLY THEREFROM;
THENCE NORTHWESTERLY TO A POINT OPPOSITE SAID RES AND 428.97 FEET
SOUTHEASTERLY THEREFROM:
THENCE SOUTHERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING;
SITUATE IN THE CITY OF TUKWILA. COUNTY OP KING, STATE OP WASHINGTON.
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Minutes - Regular Meeting
January 15, 1990
Page 2
PUBLIC MEETINGS
Consideration of Four
Petitions for Waiver
to the Requirements
of Ord. #1550 --
Establishing a
Building Moratorium
Request for Waiver -
Matt M. Mikami.
Mayor VanDusen noted that this is the first time the Council
will deal with appeals on the moratorium. He briefly
outlined the parameters for the meetins:
(1) Council will hear each appeal individually and
separately; (2) Council may choose to issue a determination
tonight to grant or deny a waiver, or forward the issue to
allow more time for consideration; (3) Council will make
their determination on each individual petition.
MOVED BY ROBERTSON, SECONDED BY LAWRENCE,
THAT COUNCIL POSTPONE ALL DELIBERATIONS AND
DECISIONS ON THE PETITIONS UNTIL THE NEXT
MEETING. *
Mayor VanDusen commented that Council can make the decision to
make a determination or postpone the determination as each petition
is heard tonight.
*MOTION FAILED WITH DUFFLE, HERNANDEZ, EKBERG,
RANTS, MORIWAKI, AND LAWRENCE VOTING NO.
Mayor VanDusen opened the public meeting on the Mikami
waiver appeal at 7:50 p.m. Rick Beeler, Director of the Department
of Community Development reviewed the staff report. The Mikami
property is located at 16813 Southcenter Parkway and will house two
retail single story buildings. A four foot high retaining wall is proposed
in the northwest corner of the site to retain the existing hillside and
reduce the existing landfill grade to accommodate parkins at the
westerly building. The impact of the Sensitive Areas Ordinance on the
applicant at this time may require the deletion of some parking at the
far northwest corner of the property in order to comply with minimum
grades. Although the final grades have not been established at this
time, the applicant has indicated on the plans that a retaining wall may
be necessary. The applicant has signed an agreement to abide by the
approved SAO upon its adoption.
Councilwoman Hernandez asked Mr. Beeler whether a retaining wall
in the northwest corner would contribute to the stability of the slope or
detract from it. Mr. Beeler replied that the plan shows a four foot
rock retaining wall which is not a structural retaining wall. In his
opinion, the retaining wall would not contribute substantially to the
stability of the hillside.
Bob Schofield and Akiko Shimatsu appeared on behalf of Matt
Mikami. Mr. Schofield clarified the position of the stakes on the
property for Councilman Duffle and stated that he would not cut up
into the hill. He also stated that they need to submit for a building
permit by January 24 and that they have lost a 12,000 square foot lease
due to the moratorium. They do not have money to pay the bills that
are due, and unless they can get assurance that the project can be
built, they will be unable to get financing.
Councilman Moriwaki noted that the map in the packet showed an
odd "jog" at the rear of the applicant's property and that there
appeared to be a gradual elevation to the property at that point. Mr.
Beeler indicated ttiat this is thisrea where- the - parking stalls may have
to be deleted. He noted that at the far west portion of the northwest
corner the grade is slightly over 15 percent. Councilman Moriwaki
asked Mr. Schofield to clarify his plans to cut into the toe of the slope.
Mr. Schofield responded that the site is filled in accordance to an
erosion control plan. What you see now is not the final grade. The
slope that appears now will not be there when the final grade is
completed. Mr. Schofield does not believe that any area will have to
be removed because after the final grade there will not be any slope
that exceeds 15 percent. The only area that exceeds 15 percent is west
of the dumpster and that area is not being developed. Mr. Schofield
noted that there is a rockery that in some places shows it as 125 feet
long.
CONSENT
AGENDA
Amend Agenda
OLD BUSINESS
TUICWILA CITY COUNCIL
January 15, 1990 Tukwila City Hall
7:00 p.m. Council Chambers
Regular Meeting
MINUTES
CALL TO ORDER Mayor VanDusen called the Regular Meeting of the
Tukwila City Council to order and led the audience in
the Pledge of Allegiance.
JOE H. DUFFIE; DENNIS ROBERTSON, JOAN HERNANDEZ,
Council President; CLARENCE MORIWAKI; ALLAN EKBERG,
STEVE LAWRENCE, JOHN RANTS.
ROLL CALL
OFFICIALS �. JOHN COLGROVE, City Attorney; MAXINE ANDERSON, City
Clerk; RICK BEELER, Director, Department of Communi
\, Development; RON CAMERON, City Engineer; ROSS EA2NST,
\ Public Works Director; REBECCA FOX, Associate Planner; JOHN
McFARLAND, City • trator.
PROCLAMATION \ Mayor VanDusen read a ' oclamation of the City of Tukwila
proclaiming Monday, J : ' uary 15, as Dr. Martin Luther King Jr. Day.
Council President He andez thanked Lucy Lauterbach, Legislative
t, and Steph : ' e Brown, Personnel Secretary, for their parts in
coo dinating a very '. oving memorial service for Dr. King which was
held�t City Hall a 2 p.m. this afternoon.
b. App : of Vouchers
Gen - 4 i Fund $116,891.31
City /Stre t 116,439.54
Arterial S et 142,754.35
Fie Equip ent Cum. Reserve(107) 194.56
an .,
din Dev. 4
16.
d
ater Fund 23,860.88
Sewer Fund 8,232.91
/ Water/Sewer Co truction 216,195.25
/ Foster Golf Co 12,580.55
Equipment Rental 5,845.95
Firemen's Pension 2,262.51
/ TOTAL 743,674.40
/
MOVED BY MORIWAKI, SE • NDED BY HERNANDEZ,
THAT THE CONSENT AG ► A BE APPROVED AS
/ SUBMITTED. MOTION C
a. A r a : of Minutes: 12/18/90, 1/2/90 Meetings
MOVED BY HERNANDEZ, SE
THAT THE AGENDA BE AMEND
AHEAD OF ITEM 6. MOTION
ED BY MORIWAKI,
TO MOVE ITEM 7a
Associate Planner Rebecca Fox and Craig\Benton, Recycling Program
...Consultant for Sound Resource Managemopt, gave an overview of the
accoaiplislir Tents to -date of the IrRiouse recychng program and
suggested steps to be taken in the future to ensure a successful
program. Mr. Benton outlined the choices of programs available in
establishing a residential solid waste recycling plan. He noted that a
recycling survey dealing with questions on waste recycling, composting
and how the City should manage solid waste was sent to all businesses
and residents in Tukwila Results will be available to the Council in
early February.
MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT
. THE RECYCLING ISSUE BY FORWARDED TO THE
UTILITIES COMMITTEE. MOTION CARRIED.
Minutes - Regular Meeting
January 15, 1990
Page 3
'V 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.
CouncilmanMoriwaki clarified the conditions=. to: be: (1 In:the
area of the northwest corner, the. proposed` bulkhead, O at the rear
jog in the property which includes the proposed four parking stalls and
ihe_dumpster whtch: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 land5lling 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 - Re
January 15, 1
Page 4
' II
ar Meeting
Hunt Waiver Request
(con't)
Mayor VanDusen noted a letter - ived from Mr. Craig Hittle, an
adjacent property owner, who obj • to the gating of a waiver. It is
/ /Mr. Hittle's opinion that Mr. Hunt's oposal would violate a
reasonable sensitive areas ordinance o moratorium. Mr. Hittle
f originally filed an appeal with King Co = ty.
Diane DeAno, 4628 So. 138th Street, spok against granting the
waiver. Ms. DeAno, a resident of 13 years, • ' the property above
Mr. Hunt's property. She stated that she is : ' ' t 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. DeAnawnnders who would be 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, property owner on So. 138th Street, lives directly
adjacent to Mr. Hunt's 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.
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.
. Doreen Hunt and John Newell, project engineer, P.O. Box 396,
R nton, addressed the Council. Mr. Newell stated that when King
Co ty turned this project over to Tukwila, the applicants submitted
their Tans, the SEPA chec ' t; and the requested provisions to the
City a grade and fill pe t. As requested by the City, the
appli : , had a more exte ive soils analysis done on the property and
revised plans to show : interim and final grading jolan. Mr. Hunt
has a six ye : program wishes to proceed with which involves
approximate 27,000 , : ds of fill. He has spent a considerable
amount of mo = ey in ngineering fees for this project. Mr. Newell
added that they erstood they were very close to approval of the
requested permit hen the moratorium went into effect.
Councilman ' y • . n questioned how a four month delay could
financially • i i . : ct Mr. unt's six year program. Mr. Newell stated that
Mr. Hunt w s uld like to able to plan ahead and have the assurance
from the C ty that he will et his permit.
Counciiroman Hernandez • • mmented that she could not see the
urgency in granting the waive when the appellant plans to fill the
property over a six year period.
Thank you.
Mrs Marilyn Stoknes
President, City Council
City of Tukwila
Dear President:
cc: John McFarlane
/ / -
December 19', 1989
It is my understanding the City Council has voted to amend
ordinance no. 1544 (sensitive areas moratorium) to allow
property owners an appeal process.
This letter is my request to present my appeal to the.city .
council as soon as possible. My sister and Bob Schofield
have twice addressed the council concerning the extreme
.financial. hardship. I will face should the project on my,
property at 16813 Southcenter Parkway not be allowed. to be
completed on a timely basis.
As additional background I've attached my previous letter
to the President of the council.
Sincerely
Matt M. Mikami
ce
i, ri -
Mrs Marilyn Stoknes
President, City Council
City of Tukwila
Dear Mrs Stoknes:
•
November 30, 1989
The purpose of my letter is to ask for relief from the
site sensitive moratorium ordinance. As I'm recovering from
cancer surgery I've asked my sister, Akiko Shimatsu, to speak
on my behalf and to type this letter.
Background:
I am the owner of the property located at 16813
Southcenter Parkway where I have resided for over sixty years
prior to moving in November, 1989. To facilitate that move
and to help pay for the large $83,500.00 LID on the property,
I entered into a contractual relationship with our family
friend, Bob Schofield, obligating myself to produce a lot
ready for building.
I am not a developer nor is Mr. Schofield, but based on:
1. The history of the development of the four lots
directly to the south of me (also owned by my brothers
and sisters),
2. The fact that the property is in the comprehensive
plan as C -2,
3. The fact the city council in 1981 set directives that
the family's five R -2 lots would make more sense as
C -2,
I believed it safe to spend the money to move and prepare the
property for a commercial building.
On November 29, 1989 Bob Schofield told me the planning
department said my property was site sensitive and now under a
moratorium.
My problem:
As a retired Boeing. technician I live on a limited income.
I made expenditures to move, and to fill and grade my
property. Due to the moratorium I cannot now fulfill my
obligation of delivering a lot ready for a building. I have
paid the city many fees. I must start paying on the LID, and
I must now pay for the demolition, filling, and grading.
These costs (approximately $220,000.00,) and the future LID
payments, taxes, and the loss of expected ground rent, will
cause me to either go deeply in debt (without sufficient money
to pay the interest on the debt,) or file for bankruptcy.
Good faith:
I have been a good citizen of Tukwila for over 60 years.
I have paid all my taxes and, assessments: on time. I have
acted in good faith. To the best of my knowledge . I do' not
recall ever having received any notice that my property was in
a site sensitive area. Further, Bob Schofield. has worked with
the city since August and has not been aware that the site
would be site sensitive.
He has applied for. and received:
1. House Demolition and lot clearing Permit (work
completed)
2. Fill and Grade Permit (fill work completed)
3. Declaration of Non- Significance on rezone application.
Later DNS was revoked subject to traffic mitigation
which has subsequently been completed.
Further he has had an initial city council hearing on S.
168th St. vacation, and has worked with the city on the
alignment of the future intersection.
He has submitted plans for the design review and for .
submission to the Board of Architectural review.
Never has the city ever discouraged any of these processes
or their costs, causing. us to be alert to. a future stoppage,.
There has been references to my project being slowed because
"those with site sensitive areas are all coming in to beat a
potential moratorium deadline.."
Further evidence of good.faith was our belief that the -
property and adjacent 1 -5 slope has been addressed by the.city
council' in 1981 when it set precedence for 1305 foot. of
frontage (the families five lots) from Wendy's to S. 168th st.
In that rezone ordinance C -2 zoning and fill were allowed 'to a
line of 250 feet west of Southcenter Parkway.
Complying with intent of the Draft Sensitive Ordinal
Per 18.45.040,'. Sensitive Area Buffer Designation 4C.(1).,
if a proposed construction.(our fill) improves the stability
of a slope then, the buffer may be waived.
The State Dept. of. Transportation engineers have 'stated'
our fill adds further stability, to the already stable I -5
hillside (and has in the past on the adjacent property.)
In conclusion:
I am a good long time . citizen _ 3f the. City of Tukwila who
has acted with honesty and good faith. I have a property that`
complies with the, intent of the draft of the Sensitive
Ordinance. I am more than willing,to cooperate to insure my-
property meets the future requirements of the city.
Please grant me relief from this moratorium and .allow me .
to finish my project and.avoid the stress I'm now under and
the possible financial ruin I'm facing.
PETITIONER:
Cit - of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433.1800
Gary L. VanDusen, Mayor
Matt M. Mikami
STAFF REPORT
TO THE CITY COUNCIL
PROPERTY LOCATION: 16813 Southcenter Parkway
PROPOSAL DESCRIPTION: This petition is for the City Council to waive
imposition of the moratorium Ordinance 1544 per Ordinance 1550 in order for
a Board of Architecture Review application to be heard and for a building
permit application to be filed, reviewed and issued.
The proposed development is two single story retail buildings of a total of
26,654 square feet. An application for approval by the Board of
Architecture Review was filed prior to adoption of the moratorium. The
applicant wants a waiver from the moratorium so that the Board of
Architecture Review can act on the application. Separately, the applicant
also wants to file a building permit application for the proposed
development. A waiver from the moratorium is also requested so that staff
can review and issue the building permit after the Board of
Architecture approves the building design.
EFFECT OF THE MORATORIUM: The moratorium caught the applicant near the
middle of his development application process. The building permit
application is the only application which was not filed prior to the
imposition of the moratorium and can not be filed until the waiver is
approved by the City Council without approval of the waiver.
A rezone application is to be heard by the Planning Commission on January
25, 1990. The Board of Architecture Review Application is tentatively
scheduled to be heard on April 26, 1990, subject to approval of the waiver.
IIPACT OF THE SENSITIVE AIMS ORDINANCE: Prior to imposition of the
moratorium landfill was placed on the property. The west edge and
northwest corner of the property exceed 15% slope. Final grades for the
development have not be established. Until the final grades are set it is a
guess of how the development will be effected by the existing and /or
finally approved Sensitive Areas Ordinance.
A 125 -foot long, 4 -foot high retaining wall is proposed in the northwest
corner of the site to retain the existing hillside and reduce the existing
landfill grade to accommodate parking and the westerly building.
The finally adopted Sensitive Areas Ordinance could potentially require the
applicant to revise the northwest corner of the development to conform to
the Ordinance. Ordinance 1550 requires the applicant to file an agreement
to conform to the finally adopted Sensitive Areas Ordinance and that he
accepts 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.
1 f.
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WASHINGTON
ORDINANCE NO AS
CITY OF TUKWILA
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.
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 THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this /R day of , 1989.
ATTEST /AUTHENTICATED:
ED AS TO FORM:
APPRO
OFFIC9 ,OF THE CITY ATTQRNEY:
By
FILED WITH THE CITY CLERK: /a - /9. 9
PASSED BY THE CITY COUNCIL; i.2 -/g g'9
PUBLISHED: '..r - 9 '1 .. r 9
EFFECTIVE DATE: / - / - 9 6 '
ORDINANCE NO.: /.5
an • usen, ' ayor
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. /6
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 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 DAY OF ,1989.
ATTEST /AUTHENTICATED:
Ze Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By
FILED WITH THE CITY CLERK: 11 d 0 - S'9
PASSED BY THE CITY COUNCIL; /I - o - 9
PUBLISHED: /i - .2 4-k9
EFFECTIVE DATE: /1 - a ! ' 1(7
ORDINANCE NO.: /5-4 4/
0 4.i /, ,
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