HomeMy WebLinkAboutPermit 90-13-SPE - STENSON / WHITESPAR - SENSITIVE AREA WAIVER90-13-spe 156th street and 42nd avenue south
stenson whitespar
CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188
September 11, 1991
Mr. Lee Stenson
Stenson /Whitespar, Inc.
22039 7th Avenue South
Suite 1 E
Des Moines, WA 98198
C
Dear Mr. Stenson:
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. Gabby Schulz
Urban Environmentalist
cc: Jack Pace, DCD - Senior Planner
PHONE # (206) 433.1800 Gary L. VanDusen, Mayor
Regular Meeting Minutes
March 19, 1990
Page 7
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
gain upwards of 20 percent. That is the existing topography. The
finished 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 looking 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.
Regular Meeting Minutes
March 19, 1990
Page 9
j Public Hearings (con't)
Request for Waiver to
Ordinance No. 1544
(Moratorium) - Stenson/
Whitespar, Inc.
Recess
9:50 p.m. - .10:02 p.m.
NEW BUSINESS
Ordinance No. 1556 -
Vacating a Public Right -
Within the City of Tukwila
- 51st Ave. So.
Located at 13450 51st
Ave. So.
Time Extension/Modifi -
fication of Contract
for Construction Manage-
ment Services with
Entranco Engineers, Inc
Ordinance No. 1557 - Relating
To Solid Waste Management
and Adopting King County's
Solid Waste Management Plan
Councilman Rants commented that whether Mr. Stenson starts now or
whether he starts in two months he is still going to conform to the
moratorium. Mr. Ekberg added that in the three to four months it
takes for a complete understanding of the moratorium, staff time will
be utilized under Mr. Stenson's existing requests; staff time will then
be used in the future to re- evaluate the SAO. Staff efforts would be
duplicated regarding this one request. Consequently, Mr. Ekberg does
not see a timeline gain for the applicant in this case.
Couuncilman Duffle asked Mr. Beeler how much extra work would be
required of the staff if the waiver request was granted. Mr. Beeler
responded that it would depend upon the SAO impacts. Staff might
be able to salvage some of the design and the applicant might be able
to salvage some of the design. It would not be to staffs advantage to
grant the waiver at this time.
*MOTION CARRIED WITH DUFFLE, LAWRENCE, AND
RANTS VOTING NO. WAIVER REQUEST IS DENIED.
Mayor VanDusen called the meeting back to order with
Councilmembers in attendance as listed above.
MOVED BY MORIWAKI, SECONDED BY HERNANDEZ,
THAT THE PROPOSED ORDINANCE BE READ BY TITLE
ONLY. MOTION CARRIED.
Attorney Colgrove read an Ordinance of the City of Tukwila,
Washington, vacating a certain public right -of -way within
the City of Tukwila, generally described as a portion of 51st Avenue
South located at 13450 51st Avenue South.
MOVED BY MORIWAKI, SECONDED BY RANTS, THAT
ORDINANCE NO. 1556 BE APPROVED. MOTION CARRIED.
Ross Earnst reported that this item is an extension of a contract
to retain Entranco Engineers for construction management services,
inspections, surveying, and construction engineering. Entranco
has managed eight projects for us.
MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO
EXTEND THE CONTRACT WITH ENTRANCO ENGINEERS,
INC. FOR CONSTRUCTION MANAGEMENT SERVICES.*
Councilman Robertson noted that for next year's budget we need to
decide whether we want to continue using consultants or hire more of
our own staff. However, the practice is working at this time.
*MOTION CARRIED.
MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT
THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY.
MOTION CARRIED.
Attorney Colgrove read an Ordinance of the City of Tukwila,
Washington, relating to solid waste management, adopting Kin
County s Solid Waste Management Plan, and determining that King
County shall not exercise any powers regarding the levels and types of
solid waste service for any aspect of solid waste handling in the City of
Tukwila.
FLS /tim
STENSON /WHITBSPAR, INC.
22309 7th Ave. So., Unit 1 B
Deg Moines, Washington 98198
824 -3990
APPENDIX A
February 16, 1990
�
Rs I egm
City. of Tukwila
Planning Department
Mr. Darren Wilson, Asistant Planner
6200 Southcenter Blvd.
Tukwila, Washington 98188
RE: PRE -APP- 025 -89 STENSON /WHITESPAR 1 2
Dear Mr. Wilson,
Me are hereby requesting a waiver of the 15% grade moratorium
on our Plat known as STENSON/WHITESPAR 1 2.
We will address the grades that exceed 15% on Lots 7, 8 and
9 at a future date.
If you have any questions please feel free to call.
Sincerely,
STENSON/ TES INC.
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STAFF REPORT
TO THE CITY COUNCIL
APPENDIX' 8
PETITIONER: Stenson /Nhitespar, Inc.
PROPERTY LOCATION: 156th and 42nd Avenue South, Tukwila
PROPOSAL DESCRIPTION: Subdivide .property into nine lots and
construct single family homes on each in
R -1 -7.2 Zone.
EFFECT OF MORATORIUM:
The petitioner was involved in pre-application discussions with
staff when tho moratorium was imposed in November, 1989. Lots 7,
8, and 9 have slopes of approximately 20 %. Moratorium Ordinance
No. 1544 prevents approval of subdivision and building permit
applications unless the City Council grants a waiver per No.
Ordinance 1550.
IMPACT OF THE SENSITIVE AREAS ORDINANCE:
The Draft Sensitive Areas Ordinance .establishes performance
standards to preserve . hillsides and minimise excavation. The
standards are stricter as the slope of the property' increases.
The Draft Sensitive Areas Ordinance states that subdivisions
shall be platted to reflect the standards 'afld requirements of the
Sensitive Area Overlay Sons, TIIC 18.45 and the Flood Zone Control
Ordinance, TNC•16.52
Ordinance No 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 the conformance may cause.
DECISION CRITERIA:
Ordinance No. 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.
STAMP REPORT
TO THE CITY COUNCIL
ATTACHMENTS:
1. Vicinity and zoning slap.
2. Site plan with existing contours.
Stsnson /11hit•spar, Inc
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