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HomeMy WebLinkAboutPermit 90-12-SPE - NORMED / SHAW - SENSITIVE AREA WAIVER90-12-spe 4310 south 131st place normed shaw CITY OF TUKWILA 6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188 C September 11, 1991 Mr. Lawrence M. Shaw NorMed -Shaw Partnership P.O. Box 3644 Seattle, WA 98188 Dear Mr. Shaw: This letter is written because your proposed project in the City of Tukwila was affected by the Critical Area Sensitive Areas Moratorium. A waiver to the Moratorium, which prohibited any development on sensitive area property, was denied by the City Council. Since Sensitive Areas Ordinance No. 1599 was adopted on June 10, 1991, the Moratorium for development within sensitive areas has not been in effect. Proposed development affected by sensitive areas will be reviewed according to the standards set forth in this Ordinance. If you choose to pursue your project, a State Environmental Policy Act (SEPA) checklist will be required along with the application for appropriate permits. The Department of Community Development planning staff has been working on procedures to help with the implementation of the Ordinance. The complexity or feasibility of the project may warrant a pre- application meeting in order for City staff to help resolve significant issues. If you have questions concerning this letter, feel free to call or visit the Community Development office and talk with a planner or myself. Sincerely, C. wry Schul Urban Environmentalist cc: Jack Pace, DCD - Senior Planner PHONE # (206) 433.1800 Care L. VanDnsra. Mayor Regular Meeting Minutes March 19, 1990 Page 5 Public Hearings (con't) Request for Waiver to Ordinance No. 1544 (Moratorium) - King County Housing Authority Request for Waiver of Ordinance No. 1544 (Moratorium) - Koyamatsu Citizen Comments /Request for Waiver to Ordinance No. 1544 (Moratorium) - NorMed -Shaw Councilman Rants wondered what the City's liability would be if we deny the request and a tree falls and damages the building. Attorney Colgrove responded he did not feel the City would be legally liable for not granting a waiver in this instance He noted that in areas all over the City, the proper storm could cause damage to something. Councilman Lawrence commented that when public safety is concerned, especially the two trees at the south side of the building, perhaps we need to override the staff recommendation. Councilman Ekberg stated that he feels the three trees closest to the building may pose a hazard; however, the two trees that are away from the building do not pose a hazard. *MOTION FAILS WITH RANTS AND LAWRENCE VOTING YES. WAIVER IS DENIED. Mayor VanDusen opened the Public Hearing at 8:26 p.m. Keith Koyamatsu, 29850 Southeast 285th Place, Ravensdale, is proposing to construct a single family dwelling on property located at 139xx - 56th Place South. He is requesting a variance from the standard setback requirements of 30 feet m order to place the home on the level portion of the lot. Mr. Koyamatsu noted that in nearby residences the setbacks range from 15 to 30 feet from the road. The requested setback variance would limit some of the cut and fill he would be required to do in order to construct the dwelling. Rick Beeler, Director of the Office of Community Development, clarified that although the variance is a Board of Adjustment issue, Mr. Koyamatsu is requesting a waiver so that an administrative or Board of Adjustment determination can be made. In response to Councilman Robertson's question on the hardship issue, Mr. Koyamatsu responded that he would like to start building now instead of having to wait until the moratorium expires. He does not own the property; it is subject to a building permit. Councilman Rants commented that this particular lot is very sensitive. It has a very steep bank. Councilman Lawrence asked about the financial hardship involved if the waiver was denied. Mr. Koyamatsu replied that he did not have other work lined up and would have to find another lot to build on. Scott Nangle, 14140 - 56th Ave. So., commented that he is not in favor of the requested setback. Other homes in the area are set back approximately 15 feet and it is not esthetically pleasing. The hearing was closed at 8:38 p.m. MOVED BY RANTS, SECONDED BY LAWRENCE THAT THE REQUEST FOR WAIVER BE DENIED. MOTION CARRIED. Council President Hernandez returned to the meeting at 8:40 p.m. Larry Shaw, general partner in NorMed -Shaw Partnership, 4310 So. 131st Place addressed reported to Council that he is requesting a waiver to allow for consideration of an application for vacation of 43rd Avenue South and to allow consideration of a grading/preload permit for an office/warehouse building. Since its origin, NorMed -Shaw has purchased adj cent pieces of property, all of them contiguous except for right-of-way City in that area. When the building was originally developed there was a drainage ditch going through the site. The ditch has varying degrees of water flow. At this time approximately two - thirds of the ditch is culverted; the balance is open. Regular Meeting Minutes March 19, 1990 Page 7 Y Public Hearings (con't) Citizen Comments Request for Waiver to Ordinance No. 1544 (Moratorium) - Stenson/ Whitespar, Inc. Mrs. Betty Gully, 13017 - 42nd Ave. So., stated that she lives directly across from the present NorMed site and that NorMed has been a good neighbor. They have a quality operation. She is concerned about the creek that runs through the property and hopes that Nor - Med can develop the property as they want and will leave the creek open and the banks of the creek natural so that it is still attractive to the wildlife in the area. Mayor VanDusen closed the hearing at 9:07 p.m. Councilman Robertson stated he wished to follow Councilman Ekberg's suggestion and request that the two issues be dealt with separately. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THE THE WAIVER FOR THE APPLICATION OF A STREET VACATION BE GRANTED. MOTION CARRIED MOVED BY MORIWAKI, SECONDED BY ROBERTSON THAT THE WAIVER FOR THE GRADE AND PRELOAD PERMIT BE DENIED.* Councilman Moriwaki noted that this is the first waiver that has dealt with wetlands. There are many areas in the SAO that deal with watercourses. He feels that we need to wait to see what kinds of protections are necessary. Although he has no qualms with the development, Councilman Moriwaki feels there are many issues to be answered about the wetlands and that the environmental impacts are too broad to leave open. Councilman Robertson added that NorMed is the type of business that is very good for the City however, the area of protecting the watercourses is very confusing. It appears that in order to protect the watercourse, the site would probably have to be designed with the setbacks from the stream. Councilman Rants commented that he also would like to see NorMed stay and grow; however, the stream bed is vitally important. *MOTION CARRIED. WAIVER REQUEST FOR GRADE AND PRELOAD PERMIT IS DENIED. Mayor VanDusen opened the public hearing of Stenson/Whitespar, Inc. at 9:14 p.m. Lee Stenson, 22309 7th Avenue South, Des Moines, reported that he feels there is hardship involved in the seller's portion. He is requesting that the City accept his document and continue to process the sub- division. The land is zoned residential. They tried to submit the drawings and the mailing lists around November at which time they were asked for some additional information. At that time they found out about the moratorium. Mr. Stenson stated that the upper half of the site is about 12 to 13 percent grade. It is the bottom three lots that g ain upwards of 20 percent. That is the existing topography. The shed topography on Lots 1 -5 would be less that 15 percent grade. The lower lots would probably be 16 to 17 percent grade. He feels that if Council may accept something more that 15 percent grade in the final draft, he wants to get his information in and filed even though it may mean losing his $250 filing fee. Mr. Stenson feels there is a hardship on the seller as she is mentally incapacitated and is lookino to realize the cash from this sale to purchase another place. The sale is being handled by her attorney. Mr. Stenson added that his company will not actually purchase the land until they have the preliminary sub- division approval. Councilman Moriwaki asked if there was a spring on lots 7, 8, and 9. Mr. Stenson responded that there is a small spring that is seasonal. In the summer it is virtually dry; in the winter months it becomes active. PROPERTY LOCATIONS SITE CONDITIONS: City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (2011) 4334800 Gary L. VanDusen, Mayor STAFF REPORT TO THE CITY COUNCIL PETITIONER: Lawrence 11. Shaw Generally bounded by State Routs 599 on the north, 42nd Avnue•S. on the west, S. 131st Place on the south and 133rd Street on the east. The subject site consists of the unimproved public right of way for 43rd Avenue S.; lots 8, 9, 10, Block 1; lots 4, 5, 6, 7, 8,. Block 2; vacated 43rd Place S.; and lots 5, 6, 7, 16, 15, and 14, Block 3 Fostoria Garden Tracts Subdivision. PROPOSAL: 1) To apply for street vacation of 43rd Avenue S. 2) To fill site for future office /warehouse. Water traversing subject site is confluence of Southgate Creek in the Fostoria Drainage Basin. The water originates in several locations at higher elevations within the drainage basin. It enters sits by passing under S. 131st . Place: and exits site by passing under State Route 599, then opens up again before entering the Duwanish River. IIPACT OF SENSITIVE AREA ORDINANCE: The,policies of the City and the intent of the regulatory .planning process is to develop standards which retain open watercourses and to require natural vegetated areas adjacent to the water to buffer them from surrounding land uses. DECISION CRITERIA: Ordinance 1350 states the City Council must use the following criteria to revial waiver requests: 1. Intent of the moratorium 2. Beet interest 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. NorMed P.O. Box 3644 Seattle, WA 98124 (206) 242-8228 February 15, 1990 Ms. Joan Harnandez President City Council City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 NorMed - Shaw Partnership Re: Petition for Waiver of Ordinance No. 1544 Dear Ms. Harnandez and Council Members: wholesale medical supplies 17:1) rit F h l FEB 16 f990 ILA ' , a CITY O RIAMIA C PK Please accept this letter as my request for a waiver of Ordinance No. 1544 to allow consideration of an application for vacation of 43rd Avenue South and to allow consideration of a grading /preload permit for an office /warehouse building. This request is made because of the serious hardship which would be imposed if consideration of these requests cannot be made prior to May or June. This hardship is a result of our desperate need for more operating space and by the serious difficulties which would occur if we had to proceed with construction during the historically bad weather winter months. It is my understanding that the drainage ditch which traverses a portion of our property has been designated a watercourse subject to the provisions of Ordinance No. 1544. In evaluating my request, please consider the following: 1. Nearly two thirds of this ditch which is either on or adjacent to our property is already culverted. 2. To our knowledge no one has seen any fish in this ditch. 3. Except during periods of extended rainfall, the depth of water in this ditch averages 3 -4 inches. 4. As evidenced by our current warehouse office facility, we are committed to developing a very high quality project. We anticipate high quality building materials and excellent landscaping to include many trees and shrubs. Ms. Joan Harnandez February 15, 1990 Page 2 It is definitely our intent to comply with the direction of the council in developing our property. If necessary we will leave . the ditch open and landscape it as required. A preliminary plot plan_ which reflects this is attached. I would enjoy the opportunity to have anyone who is interested in visiting our development see the quality of the portion which we have completed. Thank you very much for considering this request. Sincerely, iVI Lawrence M. Shaw Partner NorMed -Shaw Partnership LMS /df Attachments: Site Plan Vicinity Map ,.. mom iii .-.41111" '71Fj cry t °5 -reisitp bos w e t SZZ 4 11 ga 1)? I. Z' poo cr.!' eteto 437 000 bZ m Ers 1 1 u c. T ,l Ilt 36 •S" 1,3_4_1 OPL s.F_�1 12= I 4 14 • • /6 4.0„ , •■• 1 1 1 1 I 1 S. 0 4111 A \ 3 0 1 i V 4tte 5 wv 6S 6S e y el/ (2) 4, c+ u� 11 !33RD 0 • No I 79 -26 (3) • 4 1! s • • t Y • \ • 1 1 �.� /9,1 312 ta. i 4 ` • • mot of'Y ••• O . • C YjH Ih If n /OW s396 87 4 -S.S.• ' (1) ° /4, /S te n 14 63 S.P 1003050 (2) ;t4 .6 F O S T O I A P A A • 1 / ( / • • 1 , tf .1 11 O (3 81 -3 cO.„ 4s s • •