HomeMy WebLinkAboutPermit 90-34-SPE - HAWKINS DAVID - LESCHI TRADING COMPANY SENSITIVE AREA WAIVER90-34-spe
south 144th street macadam road south
leschi trading company
WAIVER FOR CRITICAL AREA SENSITIVE AREAS MORATORIUM ORDINANCE
Agreement To Be Subject
To A Sensitive Areas Ordinance
The undersigned owner and developer of real property located at
[ Z .olvae mlv s and more specifically
described in Exhibit A attached hereto, hereby agrees, pursuant
to the requirements of Tukwila Ordinance No.'s 1544 and 1550,
that if the City of Tukwila will process the following
applications:
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Notary Pub
State of W
at
appointment
the development of the property described in ExhibilVA will be
subject to all of the Sensitive Areas Ordinance provisions 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 processes described above.
The Undersigned agree(s) that these processes will be continued
solely at their risk and expense and that the result of the final
Sensitive Area Ordinance may be to require extensive project
modification and re- evaluation or recision of the above
approvals. It is also understood and agreed that continuation of
these processes does not mean that applications not pending on
November 20, 1989, for this project, will be accepted or
processed unless the City Council approves a petition therefor.
The undersigned acknowledges 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 these covenants cannot be released without the written
consent of the City of Tukwila.
i ri s e i dzift l' Cd e2 i
Landowner'
l
A p l i c a f oca.4,ae ec.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me L4S CA i'
t'adi'h Cdv • t F - L' d 1,4 114,41 )6 n , to me known to be
the indilltdual described in and who executed this instrument, and
acknowledged that s /he signed the same as a free and voluntary
act for the uses and purposes herein mentioned.
Dated a -- U , 199/.
in and for the
hington, residing
M
expires
February 19, 1991
7:00 p.m.
CALL TO ORDER
ROLL CALL
OFFICIALS
SPECIAL PRESENTATIONS
APPOINTMENTS AND
PROCLAMATIONS OF THE
MAYOR
CITIZENS COMMENTS
Agenda Amended
Executive Session - 7:40 p.m.
Call to Order -8:10 p.m.
CONSENT
AGENDA
TUKWILA CITY COUN
6
Regular Meeting MAR 0.4 1991
MINUTES 4 CITY OF TUKWILA
PLANNING DEPT.
Mayor VanDusen called the Regular Meeting of the
Tukwila City Council to order and led the audience in
the Pledge of Allegiance.
JOE DUFFLE; DENNIS ROBERTSON, Council President; JOAN
HERNANDEZ,; ALLAN EKBERG; STEVE LAWRENCE, JOHN RANTS.
MIKE KENYON, City Attorney; JOHN McFARLAI D, City Administrator,
RICK BEELER, Director of Community Developm9 t; ROSS EARNST,
Public Works Director, ANN SEIGENTHALER, ssistant Planner.
Mayor VanDusen announced that Councilmembbr Moriwaki would be
arriving late.
Mayor VanDusen presented Finance Director Alan Doerschel with
the Finance Officers Association award fqf financial reporting. This is
the third year Mr. Doerschel has received' the honor.
MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO
CONFIRM THE APPOINTMENT OF MIKE KENYON AS CITY
ATTORNEY. MOTION CARRIED.
Mayor ‘VanDusen announced that due to a conflict in scheduling, the
presentation on Involvement in Government by Foster High School students
would be rescheduled to the March 4th meeting.
A Proclamation proclaiming/the week of February 17 -23 as Engineers
Week was read, by the Mayor.
Catherine Harris, 5610 So. 141st St., shared information she had acquired at
a symposium on propefty rights. She submitted copies of the presentation
and urged Council to consider the information as they review the sensitive
areas ordinance. /'
MOVED BY DUFFLE, SECONDED BY ROBERTSON, THAT
COUNCIL ADJOURN TO EXECUTIVE SESSION FOLLOWING
THE CONSENT AGENDA. MOTION CARRIED.
Mayor VanDusen called the meeting :back to order with Councilmembers in
attendance as listed above.
a. Approval of Minutes: February 4, 1991
b.
ukw a City Hall
uncil Chambers
Approval of Vouchers
General Fund $130,099.49
City Street 22,434.23
Arterial Street 18,031.55
Land Acq., Building, Dev. 1,651.37
Facility Replacement(302) 7,480.00
Water Fund 577.61
Sewer Fund 76,221.38
Water /Sewer Construction 495.93
Foster Golf Course 10,175.85
Surface Water (412) 28,766.18
Equipment Rental 7,433.51
Firemen's Pension 45.62
TOTAL 303,412.72
c. Accept as complete North Hill Transmission contract; authorize
release of retainage.
d. Authorize Mayor to execute water /sewer comprehensive plan
supplemental agreement for Cascade View annexation area.
Minutes - Regular Council Meeting
February 19, 1991. ,• - - -. -
Page 2
Consent Agenda. con't
PUBLIC HEARINGS
Hearing Closed - 8:35 p.m.
MOVED BY DUFFLE, SECONDED BY EKBERG, TO
APPROVE THE CONSENT AGENDA AS SUBMITTED.
MOTION CARRIED.
The public hearing was opened at 8:10 p.m. Ann Seigenthaler, Assistant
Planner, reported that the petitioner has requested the waiver in order to
proceed with the environmental review process, the-short plat process and
also to apply for and obtain building permits for throe- single family homes.
Slopes on the property are identified on the sensitive areas maps as Class II
landslide hazard - areas. There -is also a small watercourse which emanates
from a well on the site that is not identified on the City's sensitive areas
maps. The significance it has to the site is unknown at this time. The three
houses that are proposed for the site would involve some cut and fill of the
slopes. The SEPA review process would address the stability of the slopes
as well as the impacts to the watercourse. Buffers addressed in the final
SAO would have to be incorporated into this project at a later date.
David Hawkins, petitioner, explained that he was working with recycling
some of the condemned housing from the airport area. His proposal
includes completing the short plat processes and obtaining a building permit
for Lot A which is basically level. He stated that his company is buying the
property on a contract and has a substantial amount of money tied up in the
project. There are no contingencies in the contract. If they are unable to
proceed with their project, they will still have to purchase the property. The
applicant also owns the houses he plans to move onto the property. Ann
Siegenthaler added that Lot A would not fall under the sensitive areas
ordinance. Eugene Sprout, consulting engineer for the project, explained the
results of a field survey conducted to determine the slopes on the property.
The survey revealed that Lot A would have a slope of approximately 6
percent. The second parcel would have a slope of about 14 percent; the
third parcel has a very steep slope on the east portion, but the on the actual
building site, the slope is about 12 percent. The watercourse, which appears
to be an artesian well, is located on the third parcel.
MOVED BY ROBERTSON, SECONDED BY RANTS, TO GRANT THE
WAIVER TO APPLY: FOR A SHORT PLAT THAT WOULD INCLUDE
ALL NECESSARYSEPA AND OTHER REQUIRED
ENVIRONMENTAL PERMITS AS DESCRIBED, SUBJECT TO THE
APPLICANT FILING AN AGREEMENT TO CONFORM TO THE
FINALLY ADOPTED SAO.*
Councilmember Ekberg inquired whether the waiver would include land
clearing and grading. Rick Beeler, Director of Community Development,
responded that the waiver would not include these issues.
*MOTION CARRIED. WAIVER IS GRANTED WITH CONDITIONS.
Council President Robertson explained his reason for making the motion
was that the applicant could suffer a significant financial loss if he were
denied the waiver.
MOVED BY ROBERTSON, SECONDED BY EKBERG, TO ALLOW
THE APPLICANT TO PROCESS AND APPLY FOR A BUILDING
PERMIT. FOR LOT:A AS SUBMITTED, SUBJECT TO THE APPLICANT
FILING AN AGREEMENT TO CONFORM TO THE FINALLY
ADOPTED SAO:*
Council President Robertson stated that Lot A would not come under the
sensitive areas ordinance if it was a lot btti itself. The lot is already cleared
and appears to have no significant environmental impact. Again, the
applicant would suffer financial loss if denied his request, and there would
be no benefit to the City to do so.
*MOTION CARRIED. WAIVER IS GRANTED WITH CONDITIONS.
Sent mr David Hawkins
S Ittfrdtast Terrace
P.O., Stale and ZIP Code
Seattle, WA 98122
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RECEIPT Fait CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(Sep Reverse)
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CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188
DATE PREPARED: 2/7/91
EFFECT OF MORATORIUM:
PHONE # (206) 433.1800
STAFF REPORT to the CITY COUNCIL
PETITIONER: Leschi Trading Company
LOCATION: N.W. corner of S. 144th & Macadam Road,
in Sec. 15, Twn. 23, Rge. 4
Gary L. VanDusen, Mayor
PROPOSAL
DESCRIPTION: Petitioner requests a waiver in order to proceed with
a short plat of the above property and to complete the
building permit process.
The Moratorium (Ord. 1544 -1582) precludes filing of new land -use
applications in sensitive areas. As the property contains slopes of
15% and greater, the applicant cannot proceed with the short plat
process.
The applicant proposes to short plat the property into three single
family lots, and to move three houses from another location onto the
property. The applicant requests a waiver of the Moratorign in order
to stay on schedule for relocating the houses.
IMPACT OF THE SENSITIVE AREAS ORDINANCE:
The site contains slopes ranging from approximately 8 percent to
34 percent, which are identified as Class 2 Landslide Hazard areas.
Two houses will be located in areas with approximately 15% slopes; one
house will be located in an area with an 8% slope.
The site also contains a water course, originating from an old well
(spring) at the center of the site, that runs northeast across the site
to a drainage ditch at the property edge. This watercourse is not
identified as a sensitive area on the City's maps, . and will require
further analysis for conformance to the Sensitive Areas Ordinance.
Staff Report to the City Council
Leschi Trading Co., 2/7/91
Page 2
1. Intent of the Moratorium;
DECISION CRITERIA:
Ordinance No. 1550 states that the City-Council shall use the following
criteria to review waiver requests:
2. Best interests 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.
ATTACHMENTS:
1. Applicant's waiver request letter 9/11/90
2. Applicant's project explanation letter 10 /8/90
3. Site location and vicinity map
4. Topographic map
5. Existing site conditions and site plan
Leschl Trading Company, Inc.
3601 East Terrace
Seattle, Washington 98122
Jane Cantu
City Clerk
6200 So Center Bvd
Tukwila 98188
Dear Ms Cantu,
Febuary 6, 1991
Secretary
We understand the waiver request submitted a few weeks ago is
being reactivated, with the original submittals now available to
those interested officials. It has been brought to my attention
that our original request did not include a waiver request for
the building permit appllications.
Please revise my waiver request to include request for
building permits on this site, in addition to the short plat
considerations originally discussed, and any other item we might
need this w for.
Ca�f��G�I
FEB 0
CITY OF IUMNILA
pl_Arll`!►Nil
CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188
February 1, 1991
Mr. David Hawkins
Leschi Trading Company, Inc.
3601 East Terrace
Seattle, WA 98122
RE: Sensitive Areas Moratorium Waiver
Dear Mr. Hawkins:
Thank you for stopping in today to respond to my phone messages.
As we discussed, your file has been referred to me in order to
prepare your waiver petition for submittal to the City Council.
Your petition has been scheduled for City Council review on
February 19, 1991 (Tuesday) at 7:00 p.m. At that time, the Council
will evaluate your request to have a short plat application
processed. This is consistent with the original request on file
with the City Clerk's office. If you would like the Council to
also approve the processing of building permits, you must notify
the City Clerk of your revised request in writing by Wednesday,
February 6, 1991.
We are preparing a Staff Report to the Council which explains your
request. A copy of this report will be mailed to you approximately
one week prior to your hearing date. Should you have any questions
concerning the waiver process or the report, please feel free to
contact me at 431 -3670.
Sincerely
/
Ann Siegen aler
Assistant lanner
cc: File
City Clerk
0
PHONE # (206) 433.1800
VIA CERTIFIED MAIL
Gary L. VanDusen, Mayor
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433 -1800
Gary L. VanDusen, Mayor
DATE: 29 JANUARY 1991
TO: JOHN MCFARLAND
FROM: DARREN WILSON
SUBJECT: LESCHI TRADING COMPANY
This memo is the result of a complaint filed by David Hawkins of
Leschi Trading Company. Below is a list of activities by staff
and the applicant.
* September 5, 1990, applicant submitted for short plat.
Due to the S.A.O. a waiver request would be needed.
Their application will be on hold until waiver has been
approved.
* September 13, 1990, applicant filed for a waiver
through City Clerk's Office. • Late in September 1990, Rebecca Fox sent a letter bncaej)
requesting additional information pertaining to the
request for waiver.
* October 1, 1990, deadline for additional information.
The applicant missed the deadline no additional
information recieved.
* October 8, 1990, received a letter from David Hawkins
requesting to reschedule the Public Hearing. The
additional information required was not provided.
* October 15, 1990, original City Council hearing date
was rescheduled due to lack of additional information
requested by staff.
* December 14, 1990, Received new submittal for the short
plat and not the waiver process.
* December 22 or 23, 1990, I met with David Hawkins to
review the short plat. I escorted Mr. Hawkins over to
the City Clerk's Office to meet Jane Cantu to
reschedule for a second Public Hearing dateaJ SiuIL-Jc.. ..
a iattah 'eftP *. valuer.
* Early in January 1991, Mr. Hawkins came in to see
Rebecca Fox at the counter. Rebecca talked with Jack .
for reassigning waiver to another Planner.
January 24, 1991, Jack: met with David Hawkins to review
the reasons for the delay. As a result of the meeting
Jack met with the City Clerk's Office to confirm
scheduling of a second Public Hearing for February 19,
1991.
We have been.dealing with three different people, David Hawkins
and his Assistant both of Leschi Trading Company; waiver request
and short plat requests, James Cousnard of'Home Transplanters;
solely involved in the short plat process.
Leschi Trading Company, Inc.
3601 East Terrace
Seattle, Washington 98122
Mayor Gary Van D ,/usen
Tukwila, Washington
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January 25, 1991
Dear Mayor Van Dusan,
A few weeks ago I met with the men we purchased a small
parcel of land from, Alex and Benny Woykovitch, to obtain advice
from them that might explain the mysterious blockage by the city
of Tukwila, of our permit process, necessary to install three
affordable move -on houses on the site. They advised me that you
were a responsible official I should contact if the difficulties
continued.
Today, after some six months of delay in obtaining a simple
"waiver permit ", fortunately I met with Jack Pace, of the planning
department. I found that the official apparently responsible for
processing the waiver application, and coordinating it with the
clerk and the planning department, Rebecca Fox, only worked part
time. That seemed to explain why I have not been able, since
meeting her in person two weeks ago, to get a status report or
return of my four or five calls and and unproductive visits to
her office.
My original submittal was to the clerk, based on examples of
other applications made to that department. Then, after a few
confusing calls from Ms Fox made it appear that we had not
submitted anything relevant, and we had to cancel the hearing set
up for our request. We had committed a substantial amount of
money and time to the first application process, and just did not
have any more money to hire more professional assistance. In
short, the delays had broken us financially.
Then, another person in our company submitted a restatement of
the first application in mid - December, understanding we were
getting a new hearing date. Supposedly this met any lack of
information Ms Fox needed, resulting from failure to coordinate
files located in various inter -city departments.
Earlier this month, when I stopped by the planning
department, still reeling from confusion, with no notification
about the new date, Ms. Fox promised to get her files together
with the planning department files, together with the clerk's
files, and set the date. Since she was never in when I made
personal trips from Seattle to her office, or in when I called,
you can imagine how happy I was to get assurance from W. Pace
that he would finally get this processed.
I am attaching my letter to Ms Fox expressing our
frustrations earlier in this process. Unfortunately, we have so
much time and money invested in this project, we have to see it
through. I hope Mr. Pace is able to schedule the waiver hearing
at the earliest possible opportunity and we can get back to the
real world.
If this confusion continues, however, I will have to ask you
for help. All our original enthusiasm for what looked like a
great low income housing project has really turned into a
nightmare of hardship because of all this.
CC: Jack Pace
Planing Department
Alex and Benny Woyvoditch
Sinco'4el
Dom�,,' .d Haw ins
Secretary
Leschi Trading Company, Inc.
3601 East Terrace
Seattle, Washington 98122
Rebecca Fox
City of Tukwila
6300 Southcenter Boulevard
Tukwila, Washington
98188
Dear Ms Fox,
O
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0 �l 000010
Cr 101990
. „4„
10 -8 -'90
In response to your request that our inability to furnish
the information and materials demanded in the two letters
from the city, mandates rescheduling of our hearing set for
October 15, 1990, and that you need a brief one line letter to
that effect, I am supplying this note.
We recognize that the demands made by the city to .consider
our request for the waiver have made it impossible for us to
participate in the hearing as scheduled, so it must be
rescheduled. We will notify you for rescheduling when the
materials you have demanded are available.
Our request for a waiver was based on the instructions we
received simply to provide a topography map addressing slope
questions unwarranted by the results of our $1500 dollar
engineering research. We now understand that every detail on any
concievable sensitivity concern the city of Tukwila might ever
wonder about, must be addressed by enlarged engineering
investigatiions to dispell in advance Tukwila concerns about
frivolous issues, with no possible relationship to our housing
plans for our land.
However, in the interests of the peop.l.ewho will be
purchasing the housing we still hope to provide on this site, we..
must also include in this note documentation of why the prices of
that property will most probably be much higher than otherwise
would have been the case. We had hoped, as I have already
communicated to your offices, to provide affordable
there.
It was our intent to recycle houses from the airport
condenmed as being in the noise pattern, reroof and reside them
with natural ceder shingles requiring little or no maintenance,
and restore the interiors; landscape the individual sites with
natural grasses, groundcover, and short growing trees needing
little or no maintenance; reroute the drainage ditch on the
north -east property line now flooding the property to the north
of our site, to run through the body of that lot, providing a
waterfall to combat the sound for•the future purchasers from the
freeway; control the uncapped well remaining from the original
house on the middle site, permitting that higher level site to
dry back to it's natural state, and permitting another waterfall•
to combat freeway sound control; and plant a variety of cypress
along the east and a portion of the south east property line for
freeway noise control and privacy.
At least the site work and tree plantings could have been
done at little cost and was scheduled to occur weeks ago, when we
were notified that the city was disturbed because we had cleared
the black berry bushes ( ?!) from this land and that we were
prevented from doing anything at all on'our property.
Now with the rainey season coming on, and the engineering
requirements you have set us costing substantial sums and causing
considerable delays, these costs will have to be added to the
cost of the housing we will complete in time. At the very least,
based on what we have seen so far from the city of. Tukwila, the
housing we are planning will be forced into middle or upper
middle class markets.
Based on this experience, we hope in the future to limit our
affordable housing interests to areas outside Tukwila. But, as
far as this project is concerned, we need to document for our
future purchasers the reasons for the increases in what would
have been, absent your requirements, much more reasonably priced
homes.
Sinc el
awkins
Secretary
y
CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188
David Hawkins, Secretary
Leschi Trading Company, Inc.
3601 East Terrace
Seattle, WA 98122
Dear Mr. Hawkins:
Sincerely,
Rebecca Fox
Associate Planner
enc.
PHONE # (206) 433.1800
Gary L. VanDnsen, Mayor
The Tukwila City Clerk has forwarded your application for a
waiver to Tukwila's proposed Sensitive Areas Ordinance.
Additional material about your project is needed in order to
process your request.
Please provide the materials indicated on the enclosed. Sensitive
Areas Moratorium Application Procedure sheet. The City Clerk
indicated that she had sent you this prior to your filing an
application. This information is required of all applicants and
is needed to provide the City Council with sufficient background
to make a considered decision regarding your project.
Please forward this information to me in legible, full -size
format not later than October 1, 1990 in order to appear on the
October 15, 1990 City Council meeting. Please note that the
topographic survey should show the site with 2' contour lines.
Please phone me at 431 -3683 if you have questions.
SENSITIVE AREAS MORATORIUM WAIVER APPLICATION PROCEDURE
Tukwila Ordinance No. 1544 imposes a moratorium on development in environmentally
sensitive areas until October 8, 1990. Accordingly, the City staff cannot accept
development applications prior to that date. The following exceptions apply to the
moratorium:
• Single family lots, 12,000 square feet in size or less, with an existing single
family home;
• Single family lots that do not impact sensitive areas.
The Department of Community Development (431 -3680) is responsible for administering
the ordinance and processing the exceptions.
For those who feel the moratorium on their property is creating a hardship for
financial, personal, or other reasons, they may petition for a waiver, in writing, to
the City Council. Petitions must be filed with the City Clerk (433 -1800) who will
schedule a public hearing before the City Council. The following information must be
furnished with the petition for waiver:
1. Site plan showing existing and proposed development;
2. Topographic survey or map of existing conditions;
3. Building elevations of the proposed development;
4. Landscaping plan.
NOTE: In order to meet legal publication requirements for public hearings and allow
staff adequate time for report preparation, requests for waivers will require Went three
weeks processing time prior to appearing on the City Council agenda.
Waiver petitions will be evaluated by the City Council according to the following criteria:
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.
Additionally, as a condition of approval for a waiver, the applicant may be required to
execute for recording an agreement to conform to the adopted Sensitive Areas
Ordinance and to process the application at their own risk and expense.
Attached are copies of the moratorium Ordinances Nos. 1550,1544, and 1566. If you
have any questions regarding the waiver process, please contact the Department of
Community Development at 431 -3680. The department is located next door to City Hall
(east side) at 6300 Southcenter Boulevard.
Y
Leschi Trading Company, Inc.
3601 East Terrace
Seattle, Washington 98122
Ms. Jane Canto
City Clerk, City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington, 98188
Dear Ms Canto,
; 1 !:\
• , 1
September 11, 1990
SEP1 1 90
I
Re: Sensitive Areas moratorium waiver application /Tukwila
ordinance No. 1544
The public handout sheet on procedures for obtaining this
waiver, states that exceptions that apply to the moratorium
include an exeption for "single family lots that do not impact
sensitive areas ".
As you can see from the surveyors submittal attached to this
request, our property is approximately 425 feet long, running
from east to west along south 144th Street. We have applied
for permission under short plat procedures to divide this
property into the three lots allowed under square footage
restrictions for single family homes. We intend to provide three
"affordable" houses on this property as soon as possible.
Our problem is this. The sensitive area designation appears
to have arisen from an airial topography photographic process
misrepresenting this property as involving more than 15 degrees.
of slope, as indeed the south 144th street slope would make it
appear from an airial survey. In fact, at the far west end of
the property, an area that will not be disturbed for this
housing, there is some slope.
However, the misrepresentation of slope (from the airial
photography misrepresentation), on that portion of the property
starting from the east end, and continueing to about 250 feet from
east to west, is an error corrected by the actual survey and
photographs provided here at ground level on the cleared site.
South 144th street actually provided slope down to our property,
to compensate for the level lay of our site for some 250 feet
along that line.
Best wishes,
As the single family lots will be on the level portion of
the site, and are unrelated to the upper west end property
portion that does, admittedly, involve slope, we are
requesting that the exceptions provided for single family lots
with no impact on sensitive areas, be applied here.
We have substantial monies and time already invested in
this project. And we need relief from the airial topographical
error misrepresenting slope in this site, to get our ground
work finished before the rains set in.
We support the sensitive area concerns, and only request
that they not be misapplied on this project.
avid wkins
Secretary
14
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