HomeMy WebLinkAboutPermit 90-23-SPE - SPIEKER PARTNERS - SOUTHCENTER PLAZA / TUKWILA POND SENSITIVE AREA WAIVER90-23-spe
sw corner strander andover
speiker partners
waiver southcenter plaza tukwila pond
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433 -1800
Gary L. VanDusen, Mayor
MEMORANDUM
TO: City Council J
FROM: Rick Beeler, Director DCD3/
DATE: July 19, 1990
SUBJECT: Spieker Partners petition for waiver from
Ordinance No.s 1544 and 1550.
On July 2, 1990 action on this petition was postponed
until a waiver agreement is drafted between the petitioner
and the City. That agreement is not drafted because the
fundamental issues can not be resolved without completion
of adoption of the Critical Area Sensitive Areas Ordinance ( "SAO ").
Spieker Partners wants to short plat the property in a way
that splits the wetland (Tukwila Pond) from its
surrounding wetland buffer. The finally adopted SAO may
require the buffer to be kept with the wetland.
The short plat will also create two lots that are largely
consumed by the required wetland buffer of the SAO. The
intent of the short plat process is to not create
nonconforming lots or contribute to the difficulty of
developing those lots.
If Spieker Partners signs a waiver agreement and the short
plat process is completed, potentially irreversible
financing contracts will be made. After adoption of the
final SAO, the short plat would then have to be revised to
conform to the SAO. That may produce a hardship upon the
petitioner and staff to make the revision because of the
irreversible contract agreements.
The revision may be impossible to be made.
If Spieker Partners signs a waiver agreement and the short
plat process is only allowed to begin, not be completed,
the financing contracts can not be made. This will not
meet the need of Spieker Partners to now complete those
contracts.
RECOMMENDATION:
..
Based upon the above the Council has two options:
1. Deny the waiver petition, or
2. Grant the waiver petition to apply for (but not be
given approval of) a short plat subject to
conformance with the finally adopted SAO.
July 2, 1990
7:00 p.m.
CALL TO ORDER
ROLL CALL
OFFICIALS
CITIZEN COMMENTS
CONSENT
AGENDA
PUBLIC HEARINGS
Request for Waiver to
Ord. #1550 (Moratorium) -
Spieker Partners
TUKWILA CITY COUNCIL
o sq
Tukwila City Hall
Council Chambers
Regular Meeting
MINUTES
Mayor VanDusen called the Regular Meeting of the
Tukwila City Council to order and led the audience in
the Pledge of Allegiance.
DENNIS ROBERTSON; JOAN HERNANDEZ, Council President;
CLARENCE MORIWAKI; ALLAN EKBERG, STEVE
LAWRENCE, JOHN RANTS.
MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT
COUNCILMEMBER DUFFLE BE EXCUSED. MOTION
CARRIED.
JOHN COLGROVE, City Attorney; RICK BEET P.R, Director,
Office of Community Developpment; ALAN DOERSCHEL, Finance
Director; JOHN McFARLAND, City Administrator; RON
WALDNER, Chief of Police.
Colleen Anderson, 12630 - 34th Ave So., voiced her disapproval of the
exclusion of "pit bulls" from the dog show being held as part of the
Tukwila Days celebration. She added that Don Williams, Parks
Director, has assured her that the show is open to all dogs on leash and
under control.
a. Approval of Minutes: —Regular Meeting, 6/18/90
b.
Approval of Vouchers
General Fund $102,521.96
City Street 164,647.50
Arterial Street 32,212.99
Land Acq., Building, Dev. 49,128.15
Water Fund 29,197.57
Sewer Fund 851.10
Water/Sewer Construction 16,867.58
Foster Golf Course 8,838.91
Surface Water (412) 33,409.16
Equipment Rental 14,997.31
Firemen's Pension 6,889.40
Bonds, Princ., & Int. (404) 112.37
TOTAL $459,674.00
MOVED BY MORIWAKI, SECONDED BY HERNANDEZ,
THAT THE CONSENT AGENDA BE APPROVED AS
SUBMITTED.*
Councilman Ekberg requested that the minutes of 6/18/90 be removed
from the Consent Agenda.
*MOTION CARRIED. VOUCHERS ARE APPROVED AS
SUBMITTED.
Mayor VanDusen opened the public hearing at 7:10 p.m.
Rick Beeler briefly outlined the petitioner's request to apply for a
short plat at the Tukwila Pond development in order to divide
developed land from undeveloped land. Joel Benoliel,
Partner/Spieker Partners, stressed their need to obtain a waiver as a
prerequisite to the release of their construction mortgage on the
property. As Tukwila Pond is a large wetland, and development on
the site is regulated by the Draft Sensitive Areas Ordinance, after a
lengthy discussion it was determined that Attorney Colgrove would
review the current draft of the SAO and draft an agreement for the
variance to the moratorium for proposal to Council.
Minutes - Regular Meeting
July 2, 1990
Page 2
\/ Public Hearings (con't)
Spieker Partners
Hearing closed at 7:55 p.m.
Request for Waiver to
Ord. #1550 (Moratorium) -
Leroy Lowe
Hearing Closed at 8:20 p.m.
NEW BUSINESS
Ord. #1575 Authorizing
Sale of $1,030,000 in
Bonds to Complete the
Reservior Project
Colgrove noted he would try to have the document ready for submittal
to Council by next week.
MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO
POSTPONE A DECISION UNTIL THE ADMINISTRATION
COMES FORWARD WITH A DRAFT AGREEMENT.*
Glen Amster, attorney for Spieker Partners, commented that the
applicant had already signed an agreement with regard to the
continuation of the SEPA process. He envisioned that an agreement
waiving the moratorium would include similar language. Attorney
Colgrove clarified that the agreement would be similar but would
address the concerns discussed tonight.
*MOTION CARRIED.
The public hearing was opened at 7:58 p.m. Rick Beeler explained
that the petitioner proposes a single-family development at the S.W.
corner of Slade Way and So. 160th. The property is in an area of steep
slopes and high landslide and erosion potential. The applicant wishes
a waiver to proceed with a short plat and a boundary line adjustment
to create 5 lots. A geotechnical study is critical to either the number of
lots or the exact placement of lots or the placement of the roads.
Leroy Lowe, 410 Bellevue Way S.E., explained that the waiver is
needed so that the purchase and sale agreement can close by July 15.
They are unable to obtain financing with the moratorium in effect;
non - refundable funds were put up for the purchase.
MOVED BY ROBERTSON, SECONDED BY LAWRENCE,
THAT THE WAIVER BE APPROVED SUBJECT TO THE
APPLICANT FILING AN AGREEMENT TO CONFORM TO THE
ADOPTED SENSITIVE AREAS ORDINANCE AND PROCEED
AT THEIR OWN RISK AND EXPENSE.*
Rick Beeler and Councilman Robertson discussed that the applicant
must go through a waiver for each stage, i.e., permit by permit.
MOVED BY EKBERG, SECONDED BY ROBERTSON, THAT
THE MOTION BE APPROVED WITH THE CONDITION THAT
THE SUB -PLOT ITSELF, NOT CONSTRUCTION OF STREETS
OR CONSTRUCTION OF GRADING, IS AUTHORIZED BASED
ON A GEOTECHNICAL STUDY. ANY STEPS BEYOND THAT
WOULD REQUIRE FURTHER WAIVER REVIEW.. **
Councilman Ekberg explained that this procedure would allow the
potential purchaser of the property to know that they are going
through the sub -plot process, and as a result of a geotechnical study,
the applicant will be able to identify the number of plots he'll get as a
result of the waiver.
Rick Beeler clarified that the short plat is not final until after the SAO
is passed and staff reviews it and certifies that it conforms to the
ordinance.
* *MOTION CARRIED.
*MOTION CARRIED AS AMENDED. WAIVER IS APPROVED
WITH CONDITIONS.
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, relating to the
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June 5, 1990
Ms. Jane Canto
City Clerk, City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Reference: Petition for Waiver from Ordinance No. 1544
Dear Ms. ant
Pursuant to the requirements of City of Tukwila Ordinance No. 1544, as
amended by Ordinance No. 1550, we hereby petition the City Council for a
waiver to the restriction on processing short plats (Section 2D. of
Ordinance No. 1544).
Specifically, we wish to submit a short plat for Southcenter Plaza
(Assessor's Lot #262304 - 9064 - 03). The purpose of this short plat is to
legally separate the developed land ( "Southcenter Plaza ") from the
undeveloped areas, which is a prerequisite to releasing our construction
mortgage on this land. Our inability to separate this land into distinct
legal parcels would cause us undue financial hardship.
We are currently preparing an Environmental Impact Statement for
proposed future development on the undeveloped area, and will undertake
no development activity on that area until that process is complete. The
proposed short plat will not result in any alteration to the land and,
therefore, falls within the class of action for which an exemption is
appropriate.
Thank you for your assistance in processing this request. If you need any
additional information, please let us know.
Sincerely,
SPIEKER „PARTNERS
JB:dt
Jbel Benoliel
Partner
(4.A
APPPENDIX A
SPIEKER
S i
CITY C ?.C;c ( _„
PETITIONER: Spieker Partners
PROPERTY LOCATION:
PROPOSAL DESCRIPTION:
EFFECT OF THE MORATORIUM:
DECISION CRITERIA:
1. The intent of the moratorium;
STAFF REPORT
TO THE
CITY COUNCIL
IMPACT OF THE SENSITIVE AREAS ORDINANCE:
PENDIX B
Strander Boulevard and Andover Park West
(Southcenter Plaza /Tukwila Pond Development)
The petitioner seeks a short plat for the
Southcenter Plaza (Tukwila Pond) development
to legally separate the developed land from
the undeveloped land.
Ordinance No. 1544 prevents the petitioner from submitting an
application for a short plat because of the Tukwila Pond Wetland on
the property. The petitioner seeks a waiver to allow him to file an
application for a short plat to divide developed from undeveloped land.
This land division will allow the release of a construction mortgage
for further development of the remaining property.
Tukwila Pond, where Southcenter Plaza is located, is a large wetland.
Development on the site is regulated by the Draft Sensitive Areas
Ordinance. Phase I of the Southcenter Plaza project is complete, and
the developer wishes to separate that portion (Lot #2 on attached map)
from the undeveloped portion (lot #1) via a short plat. The short plat
will create at total of lots.
The petitioner is currently preparing an EIS for proposed future
development. The EIS and the final Sensitive Areas Ordinance will
determine the ultimate boundaries for development.
Ordinance no. 1550 states that the City Council must use the following
criteria to review waiver requests:
2. The best interests of the City weighed against the interests of
the individual;
3. The circumstances and hardship caused by the moratorium;
Speiker Waiver
Page 2
ATTACHMENTS:
1. Vicinity and zoning map.
2. Existing lot configuration.
3. Proposed short plat with contours.
4. The damage that could result from strict adherence to the
moratorium.
vicinity and zoning map
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EXIST Wei
SCALE 1" =200
EXISTING LOT cONFIGURATION
STRANDER BLVD.
PROPOSED
LOT 4
PROOSED SHORT PLC.:.' WITH CONTOURS
COO 061
100
8.. 4.®
13.0'
CONTOUR ` aM
di SO
\SOUTHWEST CORNER SW 114
NE 114 SECTION 26-23-4 E.
STRANDER BLVD.
TUKWILA
POND
PRO��°
PROPOSED
LOT i
13.0'
CONTOUR
SOUTH LINE
NE 114 SEC. 26
NORTH LINE SW 114
NE 114 SEC. 26
IMMIMA
PROPOSED
LOT 2
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