Loading...
HomeMy WebLinkAboutPermit 89-03-CUP - PAC TECH ENGINEERING - BECKER TRUCKING CONDITIONAL USE89-03-cup 12677 east marginal way south 24-89-epic 89-10-dr becker transfer August 31, 1990 �1 CITY OF TUKWILA 6200SOUTNCENTERBOULEVARD, TUKWILA, WASHINGTON 98188 TO: JOHN MCFARLAND FROM: DARREN WILSON492 RE: DECKER TRANSFER 89 -3 -CUP & 89 =10 -DR The deadline for Becker Transfer is Tuesday, October 2, 1990. I have attached the revised conditions by the City Council on April 2, 1990. Becker Transfer has six months from April 2, 1990 to October 2, 1990 for compliance. As of August 31, 1990, Becker Transfer has not attempted to comply to the conditions as described in the attachments. I last contacted Mr. Ed Becker on August 17, 1990. His response was if he does not comply to these conditions by October 2, 1990, then his company can not park their personal /commercial . vehicles nor store wood pallets on the property. Failure to comply will result in either a $500.00 fine or one year imprisonment. I have sent a follow -up letter to Mr. Becker describing the above. This will probably result in citing Becker Transfer, for non- conformance to the Conditional Use Permit approval, dated April 2, 1990. CONDITIONAL USE Molly A. Headley Assistant Planner April 16, 1990 City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. VanDusen, Mayor NOTICE OF DECISION File Number: 89 -3 -CUP BECKER TRANSFER 89 -10 -DR Applicant: Pac -Tech Engineering, Inc. Request: Approval of Conditional Use Permit and Design Review to improve a parking facility for employee automobile and semi- tractor trailer truck parking. Location: Southwest corner of South 128th Street and East Marginal Way The City Council reviewed an appeal of the Planning Commission decision reached at the February 22, 1990 meeting concerning file # 89 -3 -CUP and 89- 10 -DR, Becker Transfer. The attached conditions reflect changes based on the motions and discussion of the City Council April 2, 1990. Please call if you have questions. Attach: City Council Minutes Revised Conditions REVISED CONDITIONS BY THE CITY COUNCIL APRIL 2, 1990 Conditional Use Permit Conditions File 89 -3 -CUP 1. Applicant will provide a 150% cash assurance for the cost of landscaping to include materials, labor and maintenance. 2. Use of site will be confined to parking of employee automobiles, trucks, tractors and trailers. 3. Hours of operation of the site will be confined to the hours between 6:00 A.M. and 10:00 P.M. 4. Applicant will comply with conditions of approval within six months of approval date. (October 2, 1990) 5. A traffic study will be conducted to determine what will provide a safe intersection for automobiles. If a restriction of parking along East Marginal Way is deemed necessary, then an ordinance will be passed to provide for such restriction. Design Review Conditions File 89 -10 -DR Prior to issuance of Building Permit revise plan to include: 1. Deletion of entry point shown on plan off East Marginal Way. 2. Placement of wheelstops in parking spaces adjacent to landscape areas. 3. Increase height of new landscaping /screening so that it will be a minimum of 10 feet high at installation. 4. All new landscaping areas will be automatically irrigated. Landscaping along the East Marginal Way property line will be enhanced to provide the same level of screening required along the south and west property lines. This requires the addition of shrubs and trees with the trees plafited at 4 feet on center. The species will be identical. to those planted on the adjacent property lines. 5. Provide a drainage system plant that will eliminate the flooding problem on South 128th Street. Plan will be approved by the City Engineer prior to issuance of Building Permit. 6. Applicant will be required to install a security fence around the property with locking gates at entries. An eight foot high cyclone fence will be located inside the planting buffer and will include an additional two feet of barbed - wire at the top. 7. Revise landscape plan in the Southwest corner to decrease erosion that is currently occurring by retaining original landscape plan with the addition of erosion - resistant planting on slope and provide a curb to protect wall /edge of hillside from damage by automobiles. Regular Meeting Minutes April 2, 1990 Page 2 Consent Agenda (con't) PUBLIC HEARINGS Appeal of the Decision of the Planning Commission Regarding a Request for a Conditional Use by Becker Transfer for Property Located at 12677 E. Marginal Wy So. Appellants MOVED BY DUFFLE, SECONDED BY MORIWAKI, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. The Public Hearing was opened at 7:20 p.m. Councilman Ekberg asked to be excused from the hearing stating that in December, as a private citizen, he had spoken at the Planning Commission regarding Becker Trucking. Mayor Pro Tem Hernandez stated that she, also, had attended the December Planning Commission meeting; however, she attended as a spectator, did not speak at the meeting, and does not believe it would affect her decision this evening in any way. There were no objections to Mrs. Hernandez continuing with the hearing. Mr. Ekberg was excused. Kathy Stetson, 13258 - 40th Ave. So., distributed a prepared letter to • the Council which detailed the reasons for the appeal. Members of the community are appealing the February 22,1990 decision of the Planning Commission. The appellants claim'The:Planni Commission deleted or changed significant portions of s taffs recommendations, substantially c the use and impact of this proposal." Because the staff recommendation.; arose from a joint meeting of the applicant and members of the residential community on January 9, and were supported by both parties, the appellants want to see the original recommendations imposed. Ms. Stetson added that the group is not opposed to Becker using the property. They feel it would be an improvement to have the lot paved, the landscaping improved, and the codes enforced as to storage and other use of the site; however, they are concerned with protecting their single - family neighborhood. They ask Council to impose those conditions which would mitigate the adverse impacts to the community. Janice Scheffler, 4033 So. 128th Street, read from a prepared letter which, in loam targeted truck parking as a central issue for residents of the neighborhood. Concerns include: 1) Will the limit of working horn apply to the terminal on the Northwest corner, 2) Is the site still for employee parking and if so, will employee parking take ace in the future as more employees are hired or will it more of an expansion of the terminal; 3) Truck traffic on residential streets. Ms. Scheffler noted that conceding to truck, tractor, and trailer p king on the Becker site does not indicate a willingness for the R verton area to "go industrial". Residents want to see the property brought up to current standards. Ms. Scheffler concluded by requesting that Council deny a Condition Use Permit if it considers it as an act contributing to the conversion of Riverton's remaining residential area. Curtis Robinson, 13422 - 40th Ave. So., distributed a letter to ,Council, written by his wife, which contained their prepared statement. Mr. and Mrs. Robinson protest the approval of the Design Review and Conditional Use Permit of Becker Transfer. It is their opinion that the Planning Commission authorized the expansion of Mr. Becker's business without any affirmative input from citizens. Further, they feel an improved parking fatality for employees' automobiles and semi- truck trailers is a crucially d matter from the parking of truck tractors along with truck trailers. This decision permits as much movement of trucks and trailers in the parking lot as on the primary► business site, thus expanding the business. The PlafAingCommission hob icm d to the area as a neighborhood In transition ' . Mr. Robinson ash, if this is true, where are the zoning changes that give subsanc a to that statement? In summary, Mr. Robinson stated that the Planning Commission has ignored the request of 70 residents that Becker Transfer remain contained in its spot zone and be restricted from further expansion. He suggests that other suitably zoned 'business property is available elsewhere if Mr. Becker's business has outgrown the current site. Regular Meeting Minutes April 2, 1990 Page 3 Public Hearing (con't) Becker Transfer Phil Hemenway, 4036 So. 128th Street, stated that he lives approximately 300 feet from Mr. Becker's business. In his opinion, Becker Transfer is harmonious with the neighborhood, provides employment and tax revenue for Tukwila. Mr. Hemenway does not feel expansion should be discouraged. Donna Meagher, 13242 - 40th Ave. So., commented that not all residents in Riverton want the area to remain residential. Several people on her street would be more than willing to sell to a developer. The neighborhood has been encroached upon by industrial businesses for several years. Ms. Meagher feels Mr. Becker should be granted a CUP for his trucks. She would hie to see the area fenced. Bill Scheffler, 4033 So. 128th St., commented that he had been a member of the advisory board that helped put together the pre - annexation zoning. Some of the residents who are protesting Mr. Becker's business in a residential neighborhood were also asked and encouraged to join the board but elected not to at that time. He commended the staff for the written recommendations that were presented to the Planning Commission at their second meeting on February 22. Mr. Scheffler feels a fence and a gate are appropriate to the site as children are attracted to the equipment. He would also hie to see increased landscaping along East Marginal Way as a way of buffering the residential community from the effects of expansion. Employee parking has already become a problem on the side street across East Marginal Way on So. 128th. Parking should be restricted to the parking lot with access to the lot from So. 133rd and East Marginal Way. Beverly Nicholson, 3810 So. 130th Street, objects that the Planning Commission did not follow the recommendations of their staff when they met on February 22nd. The recommendations from the staff on ncing, gate, the hours, the landscaping g and the fe the �,a par king were changed to what Becker wanted on each one of those points. Ms. Nicholson requests that those points be gone over again and do what the staff recommended. Jeff Mann, PacTech Engineering, 6100 Southcenter Blvd., reported that Mr. Becker's application has been through considerable review. Mr. Becker originally- applied for a Design Review permit after which he was informed he would have to apply for a Co Use Permit He recognized that through the annexation process the property was zoned for industrial use, provided that conditions be put in place on this site. Consistent with the purpose of the Conditional Use Permit, twelve conditions have been placed on this _application. Mr. Mann reviewed the conditions with the Council. Of the 12 conditions, there are three conditions and one issue that are the focus of Mr. Becker's appeal. In regard to Item #1, Condition #2, the Planning Commission added trucks, tractors and trailers because they realized that trucks would be taking the trailers onto this site and may sit there temporarily. The main transfer operations are still out of the area to the north. Regarding Item #2, Condition #6 - Fencing: Mr. Becker would be willing to install a solid fence around the site if there would be some relief on the closeness and number of trees required in the landscaping. With regard to East Marginal Way, Item #3, Condition #4, three additional trees will be located in certain gaps where trees have been removed in the•past. We ado not want the ' reA ernent for the four foot on center trees as required on the two sides that abut the stated that the ' g Commission's ro � omment was made to reflect the fact that the City did ' • . CM zoning for this property. Becker Transfer accepts the 12 cone • ns; they are significant and will screen the site. Councilman Rants asked if there was enough parking on the site for employees. Mr. Mann replied that parking is adequate for now. There is no ordinance that prevents parking on the street. Regular Meeting Minutes April 2, 1990 Page 4 Public Hearing (con'tl Staff Report Citizen Comments Councilman Robertson asked the difference between a parking lot and a transfer terminal. Mr. Becker responded that at a transfer terminal a trailer is unloaded from one trailer to another. On the parking lot tractors, trucks and trailers would be parked. Councilman Lawrence inquired if the Planning staff had worked with Becker Transfer in consideration of the citizens concerns. Molly Headley, Assistant Planner, responded that they had worked together and Becker Transfer had indicated they would be cooperative in providing whatever was required to gain approval for the Conditional Use Permit. Councilman Lawrence commented that it appeared staff was recommendins Council to do what they did not recommend the Planning Commission do. Rick Beeler responded that staff forwarded their recommendation to the Planning Commission on the basis of the staff review. The Planning Commission then acts upon staff's recommendation. They can agree, disagree of mo Councilman Lawrence clarified that once the Planning Commission has made a decision, even if it overrides staff's position, staff will defend the decision made. Phil Hemenway stated that even though he was a member of the task force he did not feel they had an opportunity to have meaningful data on single family residential. Beverly Nicholson suggests fencing the property to avoid children playing on the grounds. Gary Evans, 4020 So. 128th St., lives above Mr. Becker's property. He has not seen children playing on the property as suggested. There are many large trucks that travel through the area, but there does not appear to be complaints about them. He sees no reason to deny Mr. Secker's request. Mr. Mann stated that Mr. Becker has worked with the City throughout this entire p. He is making substantial improvements to the site and has accepted many of the conditions imposed. A fence at this time is not needed for operational purposes. The 12 conditions that are imposed will provide the City with studies on intersections and drainage. The site will be improved and visually protected. He concluded by asking for Council's approval. Rick Beeler commented that the issue is not if there should be a deviation of the plans. The issue is whether or not the preponderance of evidence has proven that Council should reach a different conclusion than the Planning Commission. The presence of trucks, trailers or tractors on the property for a temporary period of time is a very difficult thing for the City to enforce. Bill Scheffier stated that if the use of the property is going to be increased, the citizens want a higher degree of landscaping with the exception of increased density of vegetation along East Mares Way to buffer the existing single homes across the street. With the added vegetation that is going around the property and no lighting, a paved site is inviting to various types of criminal activity. Mayor Pro Tem Hernandez dosed the public hearing at 8:38 p.m. Councilman Robertson read from the Tukwila Zoning Code and • commented that driving trucks in and out constantly contributes to a high pollution source. It's a very heavy use of roads, provides danger and a lot of traffic. The buffer of trees does very little to prevent noise. If the CM district was intended to be transition zoning, that transition is to be a transition between the commercial use and the heavy industrial use. Trucking is considered by the Tukwila Zoning Code to be one of the worst sources of pollution. Regarding the two sites, loading and unloading . a truck will produce some amount of noise, but not as much as driving the tractors back and forth, hooking Regular Meeting Minutes April 2, 1990 Page 5 Public Hearing (con't) up the trucks to trailers and moving them. This site is used for moving trailers in and out. It is doubtful the site would be used as much as the site across the street, but that's still the intended purpose and that is why the addition of tractors was added to it. The intended use of the site is contradictory to the intended purpose of this property which is a park -like transition between residential use and industrial use. Mr. Robertson stated he does not want to sit in the Planning Commission's role and second guess whether the three items that were appealed were right or wrong. However, he is convinced there was not an acceptable compromise reached between the residential community and the property owner. In conclusion, Councilman Robertson recommended that Council uphold the appeal and deny the application and send them back to find a compromise. The intended use of this property is not allowed except as a conditional use in any of Tukwila's zones. It is not allowed at alias a conditional use in the four lighter commercial uses. If the property owner intends to use it to drive the trucks back and forth, which is the highest polluting source, then it's necessary for the property owner to find an acceptable compromise. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO UPHOLD THE APPEAL AND DENY THE APPLICATION.* Councilman Rants commented that the staff and citizens and Becker came to a good compromise. He is in favor of upholding the appeal and the Planting Commission decision. We could do that to . ' l we need to do is put in the fencing and the planting that our ' : • ' Department suug�ggeesated He is opposed to denying Mr. Becker's t to start off with his property, however, he feels the Council is upholding the appeal the way the citizens wanted it done. Councilman Moriwaki stated that there is another specific reason for scrutinizing the situation which has not been discussed. The map showi that areas that the CM areas that have those kind of trucks don't butt up nut to single - family residences. That's why it is extremely important that we take the time and energy to make sure the impacts of what this operation does on the surrounding community. All the other CM goes along the river south of I-405 to south of Southcenter along I -S. The reason other appeals are not scrutinized so close is because there are no residences next to the businesses. . t • the parki issue, pulling on the street ise, Councilman Moriwaki commen -. that_ once the parking lot is paved and unlit and dark, it's a nice place to hide out. That's another serious concern. The fencing issue is one of . security for Mr. Becker's propertrtyy and and ;urity to the community. He concluded by its e would vote port the motion; however, he would lilte to have e second motion to hold up the appeal and go through the Commission points. Mayor Pro Tem Hernandez asked counsel if she would be allowed to vote on this issue even though she was chairing the meeting. Attorney clarified that she would. Hernandez stated that she would vote against the motion because she feels Council should uphold the appeal but revise the decision. She would rather see planned parking in a parking area than require people to park on the street. Councilman Robertson commented that he feels in this case it is necessary for a solid compromise to be reached and not a decision levied by the Council sittmg in for the Planning Commission. with a few moments study and a little testimony. He doesn't feel that's Council's role. f Regular Meeting Minutes April 2, 1990 Page 6 Public Hearing (con's) Councilman Lawrence also opposed the motion stating that in light of what the Planning Commission had done, he did not feel Council could reach a compromise that would work out. *MOTION FAILS 4-2. MOVED BY MORIWAKI, SECONDED BY RANTS, THAT COUNCIL UPHOLD THE APPEAL AND REVISE THE PLANNING COMMISSION DECISION BASED ON THREE STATED CONDITIONS: 2)) TRUCKS AND TRACTORS; 4) PLANTING ENHANC MENT; 6) FENCING OF THE PROPERTY. For clarification Councilman Moriwaki stated that this motion is to follow the Plannin4 staff's recommendations and to appeal the Planning Commissions new impositions and definitions. Councilman Robertson asked Office of Community Development (OCD) Director Rick Beeler, and Assistant Planner Molly Hea if they understood what they would do with this based on the information. Ms. Headley replied she understood that they would look at the staff memorandum dated Februari 12,1990 which addresses the issues that resulted in these conditions. On page three of the re • • rt under Recommendation, number 1) Use of site will be co . ' ed to parking of employee automobiles and truck trailers, was the original recommendation of the Planning Commission. We would change that recommendation to include tractors, truck tractors and trailers. Councilman Robertson inquired what would stop this site from becoming another transfer station. Mr. Beeler responded that the applicant would have to go through another Conditional Use Permit process. The CUP is attached to the site. If another owner came in, he would have to live with the same conditions unless they came back to the Planning Commission and the CUP process to change those conditions. Councilman Moriwako, noted on page two of the same staff report under Design Review Related Concerns, Citizen Concern #3 listed the concern that the lot would be used for inappropriate activities after hours. Staff response listed a gate and/or fence could address this concern. Ms. Headley responded that the concern would be handled through Recommendation #3 on page three: Applicant will revise site plan to provide locldn1 tes at entry to site. Councilman Moriwaki noted the word' fence ., . not appear in the recommendation. The motion he put forward was to follow with Condition #6 and fence the property when required. MOVED BY MORIWAKI, SECONDED BY DUFFLE, THAT THE MOTION BE AMENDED TO REQUIRE APPLICANT TO REVISE SITE PLAN TO PROVIDE LOCKING GATES AT ENTRY AS A CONDITION OF THE APPLICATION.** Councilman Robertson commented that "fencing' had not been defined as to type and height Mr. Beeler responded that security fences are normally eight foot cyclone fences with another two feet of barbed wire at the top. He added that Council could further define the issue if they wished. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, THAT THE MOTION BE AMENDED TO REQUIRE THAT A SECURITY FENCE BE PLACED INSIDE OF THE PLANTING BUFFER.*** Regular Meeting Minutes April 2, 1990 Page 7 Public Hearing ( con't) Rama 9:10 p.m. - 9:20 p.m. OLD BUSINESS Ord. #1560, Recreating the Tukwila Planning Commission Councilman Moriwaki stated that he amended the motion to be more specific. The recommendation on page three under Recommendation simply states: 'The applicant will revise site plan to provide locking gates at entry to site.' The intent for a fence is there, but it is not stated in a recommendation. ** *MOTION CARRIED AS AMENDED. Mayor Pro Tem Hernandez commented she would vote against the original amendment because she did not want to require locking gates. She feels it would create more of a danger to have people leave their cars running while they unlock a gate. * *MOTION CARRIED AS AMENDED. On the issue of the truck/tractor/trailer parking, Councilman Rants remarked that you can't expect to haul trucks in there without having a tractor on them. Councilman Lawrence commented that if we are requiring the fence for security then as long as the pn use is for tractor and employee parkin& he sees no reason to not allow the incidental parking of trucks and tractors. Councilman Robertson added that if one of the concerns was the noise pollution and air pollution from the use, forcing the applicant, to put the trucks somewhere else is going to increase the noise and air pollution, not decrease it. MOVED BY ROBERTSON, SECONDED BY LAWRENCE TO AMEND THE ORIGINAL MOTION TO DENY THE APPEAL TO CONDITION #2. ** Councilman Moriwaki stated that he will vote for the motion; however, he the intent of the applicant is to use the area for parking * *MOTION CARRIED. Councilman Robertson asked Mr. Beeler what would prevent the use of the area which is intended to be em loyee parking from being used for truck parlm& Mr. Beeler that it could be brought back to the plannim C..mum who could revise or deny (revoke) the Conditional Use Permit as one of the conditions of the CUP is the site plan. *MOTION CARRIED. ORIGINAL MOTION IS APPROVED AS AMENDED. meeting resumed ca � recess. The Councilmembers in attendance as listed above. MOVED BY DUFFLE, SECONDED BY ROBERTSON, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance of the City of Tukwila, Washington, recreating :.e Tukwila Planning Commission, prescribing its duties, authority and and repealing Ordinance No. 1112 and Ordinance No. 15 Councilman Lawrence commented that he is in favor of the ordinance; however, because of the timing, a portion of the community has interpreted the ordinance as being aimed at specific individuals rather than the principle. In his opinion, passing the ordinance today rather that in the near future won't b ng any particular benefit to the issue other than to cloud the iuue r. Appeal of the decision of the Planning Commission at their February 22, 1990, meeting regarding request for a Conditional Use Permit by Becker Transfer for property at 12677 East Marginal Way So. CITY OF TUKWILA NOTICE OF PUBLIC HEARING BY THE TUKWILA CITY COUNCIL Published Valley Daily News - March 16, 1990 CITY OF TUKWILA Maxine Anderson City Clerk NOTICE IS HEREBY GIVEN that the Tukwila City . Council will continua the Public Hearing at the request of Becker Transfer to the 2nd day of April, 1990. at 7:00 p.m. In the Council Chambers of Tukwila City Hall, 6200 Southcenter Blvd.. Tukwila, to consider the following: Any and all Interested persons are invited to be present to voice approval, disapproval, or opinions on same. City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. vanDusen, Mayor ■ To: Mayor /City Council From: Planning Division Date: March 29, 1990 Subject: Becker Transfer Trucking Appeal (89- 3- CUP;89- 10 -DR). On Febrary 22, 1990 the Planning Commission approved a Conditional Use Permit and design for Becker Transfer.Trucking's parking lot. An appeal of those decisions was recieved;on March .'2,.1990 In the letter of appeal. (appendix B) four reasons were cited for the appeal. The following is a brief review of those issues: 1. Condition � #2: "Use ' of site will be confined to parking of employee automobiles, trucks. tractors ant trailer." The appeallants object to the addition of 'trucks and tractors to condition #2 for the conditional use. The Planning Commission members added this language, after discussion regarding the fact that, in order to move trailers on and off the site, tractors were necessary. The applicant indicated that it was not his'intentto park tractor /trailer rigs on the site for an extended time. 2. Condition #6: Fencing of the property when required. The appeallants believe the site should be fenced now due to safety for the community. The Planning Commission acknowledged that safety might be an issue .but without evidence it was difficult to determine the extent of the problem. They requested that citeaens contact the City in the event that unsafe acts occur on the site and, at that time, steps would be to provent reoccurrences. 3. Condition #4: Deletion entirely of staff's recommendation to enhance planting along East Marginal Way to provide a dense screen. BECKER TRANSFER APPEAL APPENDIX A pg. 2 The appealant, submitted photographs at the public showing the "extent of current landscaping along East Marginal Way to be sparse and incapable of providing any visual relief for the single family houses socated directly across the street form the subject property. This property is surrounded on three sides by single family uses." The Planning Commission determined that the existing amount of trees in combination with additional shrubs. as indicated on the plan would provide an appropriate level of screening. 4. Transition Area The appeallants objects to this area being viewed as a transitional area by the Planning Commission. The . difference is one of attitude as to how this area should'be viewed in making land use decision. The appealants letter(appendix B)` and Planning Commission minutes (appendix C) provide addition detailed information. co 4, City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. VanDusen, Mayor TO: RICK BEELER, PLANNING DIRECTOR FROM: Maxine Anderson, City Clerk (∎ DATE: March 8, 1990 SUBJECT: PUBLIC HEARING ON BECKER TRANSFER'S REQUEST FOR C.U.P. At the request of the applicant, the Public Hearing originally set for March 19, 1990 on the request for a Conditional Use Permit will be rescheduled to April 2, 1990. cc: Mayor Van Dusen John McFarland, City Admin. Molly Headley, Assistant Planner MEMORANDUM = ^, City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Cary 1. VanDusen, Mayor File Number: 89 -3 -CUP 89 -10 -DR Applicant: ' Pac -Tech Engineering, Inc. Request: NOTICE OF .DECIS 'BECKER TRANSFER Approval of Conditional Use Permit and Design Review to improve a parking facility for employee automobile and semi- tractor trailer truck parking. Location: Southwest corner of South 128th. Street and East Marginal May The Planning Commission conducted a review of the above request on February 22, 1990, and approved file 89 -3 -CUP and 89 -10 -DR with the attached conditions. The Commission adopted the Findings and Conclusions contained in the Memorandum dated February 12, 1990 which was attached to the Staff Report dated November 10, 1989. Any party aggrieved by this decision may appeal the decision to the City Council by filing an appeal in writing with the City Clerk within ten (10) days of the above data and shall.. state the reasons for the appeal. Molly A. Headley Assistant Planner February 23, 1990 Conditional Use Permit Conditions File 89 -3 -CUP 1. Applicant will provide a 150% cash assurance,for - =the cost'of landscaping to include materials, labor and maintenance. 2. Use of site will be confined to parking of employee automobiles, trucks, tractors and trailers. 3. Hours of operation of the site will be confined to the hours between 6 :00 A.M. and 10:00 P.M. 4. Applicant will comply with conditions of approval within six . months of approval date. (August 22, 1990) 5. A traffic studyy will be conducted: to determine what will provide a safe intersection for. automobiles. If a restriction of parking along East Marginal Way, then an ordinance will be passed to provide for such restriction. Design Review. Conditions Prior to issuance of Building Permit: . 1. Deletion of entry point shown on plan off East Marginal Way. 2. Placement of wheelstops in parking spaces adjacent to landscape areas . . 3. increase height of new landscaping /screening so that it will be a minimum of 10 feet high at installation. 4. All new landscaping areas will be automatically irrigated. 5. Provide a drainage system plan that will eliminate the flooding problem on S. 128th St. Plan will be approved by the City Engineer prior to issuance of Building Permit. 6. Applicant will be required to install fence around property if crime statistics provide evidence of.a problem. Planning Department will review statistics within one‘year to determine if installation is warranted. 7. Revise landscape : plan in the Southwest. corner to decrease erosion that is currently occurring by .retaining original landscape plan with the addition of erosion- resistant planting on'slope,and. provide a curb to protect wall /edge of hillside from'damage by automobiles. PACTECH ENGINEERING, INC IgWaa Il....n I Iwv./N. y-1 1. TITLE CLIENT is !1 I I I I I 0 f i E 111110A. 1106600116 .IIOMII .Im.i1 W 1II P .O. S$4 660ITI1✓1. VA.. MLM x:'71 KE3 ►'lr:74 t _ ZI Try • /11r„,r 1/ 7. J -- xtrIva \ Bilw ;ow nn same kiln N . N 11111111111011 01{CAI'TIOM N.. ST ... 16 I. 61664 641 n .p y PN CO tvi M CO Or H I. y Nu PO memos _✓M *sawn .,N• Co 44444 SIC t INII 1I — Iwo C »1 , 28 February 1990 Maxine Anderson, City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Dear Ms. Anderson: We the undersigned hereby appeal the decision of the Planning Commission at the February 22, 1990 meeting regarding Becker Transfer Conditional Use Permit 89 -3 -CUP and 89- 10 -DR, Design Review for the same property for the following reasons: 1. 89 - - CUP Condition #2: "Use of site will be confined to . parking of employee automobiles, trucks. tractors and trailers." Staff report recommended condition was "...employee automobiles and truck trailers." This language was added after the close of the public hearing dated February 22, 1990. This changes the proposed use from a parking lot (which was the request) to a working yard. An expansion of this nature seriously impacts the surrounding single family neighborhood. 2. 89 -10 -DR Condition 6 re: fencing of the property. TMC 18.60.050(3) lists criteria for Landscaping and Site treatment, including (b) "...promote safety... ". TIIC 18.64.050 lists criteria for granting a conditional use permit, including (a) "...will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use..."; and, (e) "All measures have been taken to minimize the possible adverse impacts ... on the area ". Arrests have been made in the immediate area. Because of its proximity to established crime centers , we are concerned about providing an even more attractive location for .criminal activity . -- nicely paved, totally screened from view from adjacent streets, unlighted, and unsecured. In spite of public . testimony in which several residents expressed concern over the safety of children who play there and the safety of the community if yet another unsecured secluded spot were added to the neighborhood, the Planning Commission would not require a fence and locking gate, although it was within their realm to do so BECKER TRANSFER APPEAL APPENDIX .B rf, f MAP - 2*C+ Ms. Maxine Anderson 20 December 1989 Page 3 We respectfully request that this issue be further reviewed by the City Council prior to the granting of a Conditional Use Permit to Becker Transfer. sincerely, Name Kcitku a . otaatryv /3258 40 11t1 Cc . 1 5 /06 51 • e5 U ,2: T --ielf - r ••■• 51 Address- 3 r sgv1 . /g y „v 4/6 Ave /0G , e. .. ,`.7 1 111 0- n City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (ZOS) 433.1500 Gary L. Vanousen, Mayor CITY OF Tu WILA PLANNING COMMISSION FEBRUARY 22, 1990 The meeting was called to order at 8 :05 p.m. by Chairman`Jim Haggerton. Members present were Messrs..Haggerton, Hamilton, Cagle, Kirsop, Knudson and Gomez Mr. Flasher was excused. Representing the staff were Vernon Umetsu Joanne Johnson. APPROVAL OF MINUTES TES MR. HAMILTON MOVED A MOTION TO APPROVE THE JANUARY 25, 1990 MOTION UNANIMOUSLY APPROVED. Molly Headley an AND MR. KNUDSON SECONDED MINUTES AS PRESENTED. 89 -3 -DR i 89 -10 -DR (Second Hearing, due to . procedural error.) Request for approval of design review applica- tion and conditional use permit to develop an improved parking facility for employees' automobiles and semi -truck trailers. Molly Headley, Assistant Planner, r viewsd request noting . that, due to a procedural error, this request is being heard again by the Planning Commission. She stated that staff is recommending approval with conditions as stated in the staff report. Mr. Jeffrey Mann, PacTech Engineering, 6100 .Southcenter Blvd, represented the applicant. He entered into the record as. Exhibit I, a letter dated February 22, 1990, modifying staff's condi- tions. He reviewed the proposed' landscaping, entering the landscape plan as Exhibit II. Exhibit III, .. a photograph of trees depicting a buffer along East Marginal May, was also entered into the record. He concluded by requesting approval of design review and conditional use applications with modified conditions. A letter from Donna Meagher in support of the request, was read into the record. It was subsequently entered into the record as Exhibit IV. Kathy Stetson, 13258 - 40th Avenue 8., presented a photograph board to the Commission in clarification of concerns posed by this proposal. It was subsequently entered into the record as BECKER TRANSFER APPEAL APPENDIX C .Planning Commission • February 22, 1990 • Page 2 .Exhibit V. She expressedconcern .with traffic:impacts the proposal may have on•.E..Narginal:Way as,.well land - scaping,: be.:,provided • and that ` :: they : be. required: to provide wheel ..stops. the operation.sho be entirely fenced, no on- street parking be permitted and a bond be required to ensure improvements are completed.' • Forthe record :: she. :requested that" no, on -.site storage of'materials or debris. be.permitted,'as well as no fuel storage be permitted. • Beverly Nicholson, 3810 S. 130th St.,'concurred with comments made by Ns.. Stetson. She favored a decision by. the.`Board'to implement all the conditions presented by staff, with no dele- tions.- Shirley Robinson,- 13422 40th Avenue S.,, also concurred with ;previous citizen testimony. She expressed concern with traffic 'impacts, as well as Impaired site distance which contributes to potential traffic accidents.. She felt the.fence`is:an important • issue as children are attracted 'to the: site::: She . felt. 'the site also poses a ` problem for . potential for drug ,use activity in response - to.a question <posed to staff,'" it . thatthe conditions would follow the business rather than ownership of the property. Robert Bernhards, 3418 S.,.. 126th, expressed a,concern with surface water probleis; this'site ;has had in the past:.:; He: also expressed a; 'concern with: the drainage ; of : a white substance onto a: nearby creek; which now: does have any fish-in it.. ".Re' felt sieasures should be..taken to filter the stora from the pavement proposed . for. the site. Phil Hestsnway,.4036 S.;128th,:.spoke . in support of the.: Becker operation. He. supported the expansion of the facility and ' felt they are an asset to the community. Ed Becker responded to citizens concerns by stating that,: he would be. supportive of using lighting to.discourage vandalism :or potential drug activity. Me " further . stated" that :, pipes " have " been cleaned out so storm water flooding should :not be a:probliiiii now. Donna Meagher, 13242 , 40th" Avenue S., felt.the' "City discourages businesses in the City. Further ..she pointed out'that the City should be as concerned with the drug activity that takes place in a local park as they are with the Becker sit.. Sharon Bernhard, 3418 $.126th, :felt that proper landscape Green - • ing should be . implemented , •to , reduce noise impacts and lighting should be 'aimed in such a way.: as to reduce tho "impact on the surrounding •neighborhood. "::.She felt that flooding -is a serious problem on 128th. She expressed a concern with the potential Planning Commission February 22, 1990 Page 3 liability issue that may occur with children playing on the Becker property, and f.lt that fencing the property was'the answer. She felt everyone' should work together for the common good. The public hearing was closed at 9 :15 P.M. and discussion ensued . on the proposal. CONDITIONAL USE PERMIT CONDITION 91: MR. KIRSOP MOVED AND MR. CAGLE SECONDED A MOTION THAT THE USE OF THE SITE WILL BE CONFINED TO PARKING_ OF EMPLOYEE -AUTOMOBILES, TRUCKS, TRACTORS AND TRAILERS. MOTION UNANIMOUSLY APPROVED. CONDITION #2: MR.. KIRSOP MOVED AND HAMILTON SECONDED A MOTION THAT THE HOURS OF OPERATION ON THE SITE SHOULD BE6 :00.A.M. TO 10 :00 P.M. MOTION UNANIMOUSLY APPROVED. CONDITION 63: MR. .. KNUDSON . MOVED 'AND. MR.: • CAGLE SECONDED A `-NOTION ' THAT •• • AS�` A • PREVIOUS: CONDITION APPROVED BY THE PLANNING'COMIIISSIOM::STATED • THAT . THE APPLICANT' HOST • MAKE •• IMPROVEMENTS.. 'WITHIN: 'SIX MONTHS OF . .• APPROVAL DATE • (AUGUST. • 22 1990).: IF THE .CONDITION IS `NOT'' COM- .0. PLIED WITH, THE • ° WILL • BE RESCINDED:.: . NOTION" UNANIMOUSLY APPROVED.. ,CONDITION #4: HAMILTON MOVED AND • lift.: KNUDSON 'SECONDED A' MOTION THAT . A . SITE DISTANCE .TRAFFIC STUDY .. WILL BR CONDUCTED , TO: DETERMINE WHAT IS' • ._ REQUIRED ::•TO RESOLVE TRAFFIC PROBL110 ENTERING' •AND EXITING `,THE FACILITY AT...EAST liARGIMAL ,WAY..AND °.SOUTH S. = ::128TH STRiET INTERSEC• TION. '.IF • STUDY• INDICATES :_THAT A RESTRICTION 0? PARKING IN • THAT ..AREA WOULD •PRODUCE AM IMPR0VEHEIIT IM SAFETY, . THEN 'THIS . , RECOMMENDATION SHOULD BE FOLLOWED.. NOTION.' UNAMI11bUSLY APPROVED. DESIGN AEVIEW CONDITION #1 KIRSOP MOVED AND MR 'HAMILTON SECONDED A MOTION.: -THAT .THE AP PLIGHT BE REQUIRED - BY CODE TO PROVIDE AN IRRIGATION AN • IRRIGATIOL SYSTEM. FOR ALL LANDSCAPED AREAS 'OR: A' MAINTENANCE CONTRACT FOR THREE TEARS WHICH WILL ENSURE A GOOD START FOR.TBi.VEGETATIOM.: • THE TMC STATES THAT' ALL' LANDSCAPE. MATERIALS MOST BE MAINTAINED. Planning Commission February 22,1990 Page 4 MR KIRSOP WITHDREW HIS MOTION WITH MR. HAMILTON APPROVAL AS THE SECOND. FOR THE LIFE OF THE DEVELOPMENT AS ORIGINALLY. INSTALLED. MR KNUDSON MOVED AND MR. CAGLE SECONDED A MOTION. THAT ALL LANDSCAPING AREAS WILL BE IRRIGATED AS REQUIRED BY CODE. MOTION UNANIMOUSLY APPROVED. CONDITION #2t MR. HAMILTON MOVED AND MR. CAGLE SECONDED A MOTION THAT 'PUBLIC WORKS WILL APPROVE THE DRAINAGE PLAN THAT THE APPLICANT HAS PROVIDED PRIOR TO CONSTRUCTION. MOTION UNANIMOUSLY APPROVED. CONDITION #3t MR. KIRSOP MOVED AND MR. KNUDSON SECONDED A MOTION THAT THIS CONDITIONAL USE PERMIT BE SUBJECT TO REVIEW ONE YEAR ,:APTER ESSENTIAL COMPLETION OF THE PROJECT SO THAT A. DETERMINATION CAN BE MADE WHETHER GATES OR FENCING OR BOTH NAY BE NEEDED TO CONTROL ILLEGAL ENTRY TO THE SITE. MOTION PASSED WITH KIRSOP;: DOMES, : HAGGERTON, HAMILTON.'. AND KNUDSON VOTING YES;' MR. CAGLE VOTED NO. • CONDITION #4t 14R.. .KIRSOP MOVED AND '.MR.: HAMILTON •SECONDED A•MOTION TO DELETE CONDITION " #4' — STAFF RESPONSE-- AS STATED. IN THE. STAFF. REPORT, AS LONG. AS THE LANDSCAPING MEETS TEE;'' MINIMUM. CODE • • REQUIREMENTS MOTION UNANIMOUSLY APPROVED. CONDITION #3: MR. CAGLE MOVED AND MR. GO�MEEE SECONDED.: k MOTION: THAT; THE - LAND —. • SCAPE PLAN SHOULD. Et REVISED IN THE:, SOUTHWEST' CORNER' TO DECREASE. EROSION THAT IN CURRENTLY: OCCURRING, BY, RETAINING,. ORIGINAL LANDSCAPE PLAN WITH THE ADDITION OF: EROSIOL.RESISTANT PLANTING ON SLOPE AND PUT • IN A CURB. TO • PROTECT THE WALL AT. : THE EDGE :OP.:.:THE HILLSIDE : PROM DAMAGE FROM AUTOMOBILES : MOTION UNANIMOUSLY: ' APPROVED . MR. CAGLE MOVED AND MR. KNUDSON SECONDED A MOTION TO APPROVED THE CONDITIONS ON. THE' ' SUPPLEMENTAL :MEMO .' THE" CONDITIONAL USE PERMIT INCLUDING ' ITEMS A. AND : B; • AND A,. 'H, 'AND ' C'; (AS AMENDED ) OF THE DESIGN REVIEW TO READ AS FOLLOWS • Planning Commission February 22, 1990 Page 5 CONDITIONAL USE PERMIT A. Applicant will provide a 150% cash assurance for the cost of landscaping to include materials, labor and maintenance. B. Applicant will install improvements within six months of approval date. DESIGN REVIEW A. Deletion of entry point shown on plan off East Marginal Way. 3. Placement of .wheel stops: in parking Spaces adjacent.to• landscape areas. C. Increase effective height of new; landscaping /screening so. that it will be a. minimum of 10 -feet high at installation. NOTION UNANIMOUSLY APPROVED. • MR. HAMILTON MOVED : AND EL CAGLE 'SECONDED 11 MOTION TO APPROVE CONDITIONAL USE PERMIT 89 -3- CUP AND DESIWREVIEW 89 -10 =0R WITH CONDITIONS AS JUST.' :PREVIOUSLY ' DETERMINED BY THE • HOARD` • OP ARCH- .ITECTURAL REVIEW. !MOTION UNANIMOUSLY' APPROVED. 89 -13 -DR - HDIQMOOD SUITES Request for approval of a.design review application and•cooperative parking - agreement for a'106- unit extended stay: hotel. COOPERATIVE PARKING' AGREEMENT:. Molly Headley, Assistant Planner, reviewed the staff report recommending approval with conditions. Mark Hanson, Diaension Development, x.. applicant for the, project,:` further described: this proposal for: the'•Board. 'Discussion ensued on the proposal :MR.' ' CAGZE MOVED AND MR..GOJQS • SECONDED A- NOTION. TO •APPROVE::,THE • COOPERATIVE PARKING AGREEMENT REQUEST, WITH TBi' IOLLONING CONDI- TIONS 1. Applicant agrees to provide a total :of; parking spaces. This number constitutes ` a maximum: 8 4% .reduction in the required amount of parking for this *itS and it intended uses. 2. Applicant agrees to restrict use of meeting areas to regist - ered guests only after 5100 p.a. Planning Commission February 22, 1990 Page 6 3. Applicant agrees to restrict use of facilities to registered guest only at all times if documented congestion occurs on the site. 4. Applicant agrees to restrict signage advertising the meeting areas to inside: the building. 5. Applicant agrees to restrict the distribution of promotional material for the subject hotel in which the meeting areas are also promoted to targeted.potential demand generators and not the general public. 6. Applicant agrees to provide a parking study if need arises in the future. 7. Conditions shall travel with the facility, shall be recorded with the Xing County Department of Records and Elections, and may be modified only with the .written ` "permission of the City of Tukwila. MOTION PASSED WITH GOMEE,'KNUDSON, HAGGERTON, CAGLE AND KIRSOP VOTING YES AND MR. HAMILTON VOTING NO. Mr. Knudson asked to be excused. A 10- minute recess was called. The meeting resumed at 10:30 pm. DESIGN REVIEW Molly Headley reviewed the design review portion of the request recommending approval with conditions. She asked that the record show a correction in the staff report from 114 units to tho correct amount of 106 units. She distributed an addendum to the staff report which reflected additional conditions, based on shoreline requirements. Mr. Mark Hanson, applicant, further clarified the proposal adding that Condition 1(a) be corrected to reflect the inclusion of trees along the north not west) property line. MR. HAMILTON MOVED -AND MR. EIRSOP SECONDED A MOTION. TO . APPROVE THE DESIGN REVIEW PORTION OF THE APPLICATION "89_12..DR' SUBJECT TO THE RECOMOMENIDATIONS . . MADE BY STAFF, INCLUDING `:'1!BE ADDITIONAL CONDITIONS IN THE ADDENDUM TO TAE STAFF REPORT, DATED FEBRUARY 16, 1990. THE CONDITIONS READ AS FOLLOWSs PRIOR TO ISSUANCE OF A BUILDING PERMIT, ; THE APPLICANT ° WILL SUBMIT THE FOLLOWING TO THE PLANNING DIRECTOR FOR APPROVALS • Planning Commission February 22, 1990 Page 7 1. A revised landscape /site plan' indicating: c. The inclusion of trees along the north property line. The addition of trees to the landscape area on the east side. of Building E -5. Stamped approval of landscape plan by a Washington State Landscape Architect: Lighting plan for site to include placement. and level of intensity produced by. lights. Prior to submittal of application for State Shoreline Permit the applicant will provide : ._"" a. , A cross- section for every 75 feet';' of development along the shoreline showing: Existing ground elevation Proposid ground'•levations Height` of proposed structur s Elevations.of, trail /access road and dike configurationn which clearly indicate eleva - tion.of ground ,at end of, development (i.e., trail /acceis parking area).' . • •b. • Elevation prints,.of. Buildings which •ahoy hoight of 35' as required by the Shoreline Progras and dimensions'of buildings and indicates-: scale of drawing. Statement of .cosposition:and volve.of any materials end .•proposed disposal' area MOTION UNANIIIDUSLT APPROVED. . :88- 7- Ct NWE BOIL - .R.qu.at for, approval of an amendment to • the .it plan to •liainat• 2.5 -story garage.and'.Oplace:.with expanded surface parking on, 1.9 acres • to the past. Molly Headley, associate planner, reviewed the staff report for the proposal, recommending approvalwith'conditions. John Sloan, architect for the project, represented:tho applicant, further described the proposal. He stated that thsy,gnerally agreed with staff's recommendations. Tim Lavin, represented owners of the parcel, described the history of obtaining the site. Planning Commission February 22, 1990 Page 8 Mr. Mike O'Donin, 1517 S.W. 16th Street, requested that permis- sion be granted for a shared. directional sign(with, : Longacres). . He was instructed to submit a sign application directly to Tukwila Department of Community Development. • Robert Losey, owner of the adjacent property, Renton. Auction, expressed a concern with the delay he is experiencing in obtain- ing a date of sale from the purchaser. Mr. O'Danin explained the purchase process and.tho legal "process they must go through to obtain Mr. Losey's property and the time elements involved. MR:HAMILTON MOVED AND CAGLE SECONDED A.MOTION'TO ACCEPT 88 -7 -DR EMBASSY" SUITES, SUBJECT TO STAFF RECOMMENDATIONS AS.-FOLLOWS: .1. Prior to:issuance.of Building Permit: A. Provide a revised site plan _, to. be approved by: Planning Director which will' provide;.pedestrian access, 1. Between the new SE parking area and the tower structure. • • Between both parking areas and .L�ngacrei Way and West Valley Highway. . . Building tilework to be installed as a previously. approved. MOTION UNANIMOUSLY APPROVED. 89 -18 -DR - -TIMPULII1 HOILDIHg Request for approval of design review application to construct an 85,000 square foot retail /industrial building with 136 parking spaces on three acres of land. Vernon Umetsu, Associate Planner, reviewed the application, recommending approval with conditions. Al Croonquist, One Union Square Building, Seattle, WA 98101, architect for the project, represented the applicant. He further clarified the project. : Discussion ensued on the proposal MR. XIRSOP MOVED AND MR. CAGLE SECONDED . A NOTION TO APPROVE APPLICATION 89 -18 -DR - HARTUNG-TIMPERLINE, BASED ON THE STAFF'S FINDINGS AND CONCLUSIONS; THE BLUE COLOR SELECTED FOR THE GLASS Planning Commission February 22, 1990 Page 9 USED IN THE DESIGN NOT BE A DARK BLUE; THE RECONVENE FOR AN ON -SITE SELECTION OF BE USED IN' THE DESIGN AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. Large stature evergreen trees shall be placed at the western corners of each building which form the center truck loading and parking corridor along the eouth.rn boundary; with dense shrubs to approximately 4 -feet in height substituting for trees at the interior islands in this area. 2. A statement that autoinatic irrigation for all landscape areas shall be clearly printed on the landscape .plan. 3. Glare diagrams to demonstrate no light spillover shall be . provided prior to issuance of a building permit. 4. All roof -top equipment must be screened with architectural materials which are visually harmonious with building walls and proportions. MOTION UNANIMOUSLY APPROVED. DIRECTOR'S REPORT Mr. Umetsu stated that Mark Henshaw would be giving a slide presentation at the March 8, 1990 Planning Commission meeting. It was noted. that Joanne Johnson, Secretary, would be leaving the City of Tukwila on February 28, 1990. She has accepted a position with the City of Federal Way. The meeting was adjourned. at 12105 a.a. Respectfully` Submitted, . Joanne Johnson, Secretary • `908 *ILA City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. VanDusen,.Mayor MEMORANDUM TO:. Planning Commission Members FROM: Department of Community Development DATE: FEBRUARY /2, 1990 SUBJECT: Becker Transfer Trucking Supplement to Staff Report dated December 7,1989 This project was originally presented to the Planning Commission December. 14, 1989 (Attachment A). The Commission was asked to approve a Conditional Use Permit for the use of the stated property as a parking lot for employee automobiles and truck trailers. In conjunction with the above request, a design review approval was also required due to the proximity of the site to residential development. Staff recommended approval with conditions as stated in the Staff Report. The Planning Commission did approve the applications with conditions; however, due to a procedural error in posting notice, it was necessary to reschedule the hearing. During the public hearing, many .issues of concern were voiced by dtizens in the neighborhood. Based on additional research at King County (Attachment B and C) and comments received as a result of a meeting with the applicant and citizens on January 9,1990, staff believes that the major issues have been identified. This memo will outline those issues and propose conditions of approval which will mitigate their concerns. CONDITIONAL USE PERMIT RELATED CONCERNS 1. Citizen Concern: The concern is that the use of the site will not be restricted to parking only. Staff Response: The Conditional Use Permit states that the applicant is requesting use of the site for parking only and that would be the only use approved by the Planning Commission. If applicant does not comply, the Permit would be rescinded. BECKER TRANSFER APPEAL APPENDIX D .. ....n .• ua� �.N a. u• .L.hMUII 1VLk.'�I�U�Pb 2. Citizen Concern: The hours of operation on the si hours. Staff Response: Staff recommends a condition be placed on this property which will restrict work hours. 3. Citizen Concern: The concern is that the approv - • improvements will be in place expeditiously. Staff Response: A previous condition approved • the Planning Commission stated that applicant must make improveme is within six months of approval date. DESIGN REVIEW RELATED, CONCERNS 1. Citizen Concern: The concern is that the landscap all. Staff Response: The applicant is required by code landscaped areas or a maintenanc good start for the vegetation. In a materials must be maintained for installed. . Citizen Concern: The storm drainage system at, the drainage system needs to be imp flooding during rain storms of S. intersection. Staff Response: Public works department has req drainage plan for their approval Citizen Concern: The concern is that the lot will be hours. Staff Response: A gate and /or fence could addres Citizen Concern: Landscaping along East Marginal plant layer through the addition Staff Response: Staff recommends enhancement berating and the addition of gro Page 2 should be restricted to normal working g will be incorrectly irrigated or not at to provide an irrigation system for all contract for 3 years which will ensure a dition, the code states that all landscape the life of the development as originally current time is inadequate. The storm ved to ensure that there will not be 28th' Stand the East Marginal Way ested that applicant provide a storm rior to construction: used for inappropriate activities after this concern. f trees .and shrubs. ay should be enhanced with 'a denser y increasing the number of plants, . d cover. d. Compatibility of vehicular pedestrian circulation patterns and loading facilities in terms of safety, effldency and convenience should be encouraged. Since there are no buildings, a: and c. do not apply in this instance. Applicant has provided a dense evergreen screening along property lines which are adjacent to single family residences. Based on the disparity of uses involved, the amount and type of landscape materials indicated will be appropriate for the site. The applicant has shown on the plan two vehicle access points to the lot on S: 128th St. and one point off East Marginal Way. Applicant stated that the East Marginal Way entrance is necessary for enhancement of egress /ingress requirements of trucks. 4. Building Design No buildings are proposed. 3. Landscaping and Site Treatment a. Where existing topographic patterns contribute to beauty and utility of a development, they should be recognized, preserved and enhanced. *b. Grades of walks, parking spaces, terraces, and other paved areas should promote safety and provide an inviting, stable appearance. • Landscape treatment should enhance architectural features, strengthen vistas and important axis, and, provide shade. d. In locations where plants will be susceptible to injury by pedestrian or motor traffic, mitigating steps should be taken. Where building sites limit planting, the placement of trees or shrubs in paved areas is encouraged. Screening of service yards, and other places which tend to be unsightly, 'should be accomplished by the use of walls, fencing, planting, or combination. g. In areas where general planting will not prosper,other materials such as fences, walls and pavings of wood, brick, stone or gravel may be used. h. Exterior lighting, when used, should enhance the building design and the adjoining landscape. Lighting standards and fixtures should be of a design and size compatible with the building and adjacent area. Lighting should . be shielded, and restrained in design. Excessive brightness and brilliant • colon should be avoided. The applicants proposal has provided a plan which will provide a dense screening of the asphalt paved area from adjacent single family lots. The side adjacent to East Marginal Way will be enhanced with additional landscape materials. There is no lighting proposed for the parking lot which will eliminate potential impact on adjacent properties. to we MICK. DISCUSSION 18.60.050; GENERAL ROLIESMCKMERIA DESIGN REVIEW Page.3 This project is required to process through the Board of 'Architectural ' review : because it is a development within 300 feet of residential districts and it involves an upgrade of non - conforming landscape areas (TMC 1860430). The Design Review guidelines are printed in bold followed by pertinent findings of fact. 1. Relationship of Structure to Site a. The site should be planned to 'accomplish a desirable transition with streetscape and to provide for adequate landscaping and pedestrian movements. b. Parking and service areas should be located, designed and screened to moderate the visual impact of large paved areas. The height and scale of each building should be considered in relation to the site. Applicant has provided enhancement of existing landscape buffer through ' the addition of a 15 foot wide landscape buffer and by increasing the density and layering of plant materials. There will be a tree, shrub and ground cover level for each landscaped area which will provide screening at three levels. South 128th Street will be improved `with a sidewalk on the south side of the street . that will connect with an existing sidewalk on East Marginal Way. The interior of the lot consists of an asphalt area of approximately 44,850 sq. ft. (74% of site)' which will be used for parking. It is unbroken'by landscape islands. The amount of paved area as presented in the plan will be smaller in size than the present cleared area'of the site as a result of the applicants compliance with landscape requirements. 2. Relationship of Structure and Site to Adjoining Area • • a. Harmony on texture, lines and masses is encouraged. • b. Appropriate landscape transition to adjoining properties should provided. c. Public buildings and structures should be consistent with established neighborhood character. • VICINITY /SITE INFORMATION rage 1 1. Project Description: Development of paved surface parking facility for employee use and for storage of semi -truck trailers. 2. Existing Development: Area is currently utilized as an undeveloped parking facility consisting of a gravel /dirt surface. Frontage along East Marginal is currently landscaped. Surrounding Land Uses: West - Single family residences North - Becker Transfer offices and operations center East - Businesses and Single family residences South Single family residences Terrain: The site gently rises from north to south at a slope not exceeding 2%. GENERAL BACKGROUND The site is located in an area recently annexed to the City of Tukwila. According to King Co. records, the site has historically been used as an undeveloped parking facility for Becker Transfer Trucking Company. After the recent annexation, the City was requested to investigate whether the use of the site was in compliance with the zoning code. It was determined that the use required a Conditional Use Permit according to TMC 18.38.040(2) and the site improvements would require Design Review since they involve an upgrade of non - conforming landscape areas. The staff.report is divided into two sections: 1) Design Review and 2) Conditional Use Permit. City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 Gary L. VanDusen, Mayor STAFF REPORT TO THE PLANNING COMMISSION AND BOARD OF ARCHITECTURAL REVIEW Prepared November 10,1989 HEARING DATE November 16, 1989 FILE NUMBERS: 89-3 CU: Becker Transfer 89 -10-DR APPLICANT: ; Pac -Tech Engineering, Inc. REQUEST: LOCATION: ACREAGE 1.5. Acres COMPREHENSIVE PLAN DESIGNATION: Light Industrial ZONING DISTRICT: C -M Industrial Park SEPA DETERMINATION:. A determination of non - significance was issued November 3, 1989. ATTACHMENTS: A. Site /Landscape Plan • Design Review /Conditional Use Permit to build a parking facility for employee and semi -truck trailer parking. Southwest corner of South 128th St and East Marginal Way BECKER TRANSFER ATTACHMENT A :. ang L i1i.aidssion lvielnbers • 5. Revise landscape plan to relocate approximately 15 trees from Southwest corner of lot to East Marginal Way street frontage. Shrub Sc eening will remain the same. Page 4 ATTACHMENTS: A. Staff Report dated December 7,1989 B. Hearing Examiners Minutes for Case #261- 78- R(King Co. Records) C. Hearing Examiners minutes for File # 228.79 -R D. Citizen Petition 01/18/90 ,L►.uuitt, Luuu.usswi► memders - 04 '3 Applicant. Concern: Amount of landscaping area that is located in the Southwest corner will be ineffective due to topography of site in that location (steep, heavily vegetated slope). Staff Response: The landscape in the Southwest corner area extending approximately 20 feet to the east could be reduced without a negative impact on the project. This would result in the reduction of 15 trees which could be added to East Marginal Way. RECOMMENDATION In light of the information from King County and the meeting with the applicants and concerned citizens, staff recommends approval of the Conditional Use Permit Application with the following conditions: 1. Use of site will be confined to parking of employee automobiles and truck trailers. 2. Hours of operation of the site will be confined to normal working hours (7:00 a.m. to 10:00 p.m.). 3; Site improvements will be completed within six months of approval date. (July 25,1990) Staff recommends approval of the Design Review application with . the following conditions: 1. The landscaped area shall be irrigated or there shall be a three -year , maintenance agreement with a landscape maintenance firm for watering the landscaping. 2. Drainage system for the site will be upgraded per Tukwila Public Works approval to correct flooding of South 128th Street from surface runoff of the site. Applicant will revise site plan to provide locking gates at entry to site. 4. Revise landscape plan to enhance planting along East Marginal Way to provide a dense screen similar to other property lines. • 5. Miscellaneous Structures No structures are proposed. The conclusions are grouped under the applicable design review guidelines. L Relationship of Structure to Site The impact of a large paved area has a similar visual' effect on neighboring properties as a structure. The primary concern is to develop a visual congruence between the proposed development and adjacent uses. The applicants proposal includes substantial amounts of landscape buffering on all sides of the lot as a means of mitigating the visual impact of the proposed development and use. The proposed entry point located on East Marginal Way is within 25 feet of a single family residence on the adjacent lot. Staff concludes that the noise from the truck engines as they are accelerating into traffic will provide an unacceptable level of noise for the occupants of the residence therefore we are recommending that the entry point off East Marginal Way be disallowed. Condition A addresses this point. The southeast corner of the site where the entry point is currently shown on the plan should be landscaped in accordance with adjacent landscape areas. 2. Relationship of Structure to Site The applicants intent is to screen rather than integrate this proposal with neighboring properties and the proposed buffering will adequately fulfill this intent. 3. Landscaping and Site Treatment Applicant has proposed a plant palette which is primarily evergreen. The initial planting size and spacing is intended to provide significant screening from the initial planting and dense screening within 3 years. Based on the density of the screening that will be provided staff does not feel it is necessary in this case to break up the interior asphalt parking surface with landscape islands. Page 6 The proposal does not include the placement of wheel stops for parking spaces adjacent to landscape areas. Staff feels that applicant should include wheel stops to prevent damage to landscape materials. As a result, Condition B has been recommended. The Planning staff recommends approval of the Design Review: application subject to the following conditions: 1. Prior to issuance of Building Permit, the applicant shall submit for review a revised site plan indicating the following: Deletion of entry point shown on plan off East Marginal Way. Placement of wheel stops in parking spaces adjacent to landscape areas. II CONDITIONAL USE PERMIT FINDINGS 1 INTRODUCTION TMC 18.38.040 requires truck trailer storage fadlity uses to obtain a Conditional Use permit in the C-M zone. The request must process through the public review process and obtain approval of the City Council. This staff report differs from previous ones because it is a combined review for a condidonal use permit and design review. The two reviews involve many common issues and the result is that most of the staff discussion is found in the design review section. • DECISION CRITERIA tj...6,4..; The following criteria in bold are from Section 18.64.050 of the TMC and shall be used by the Planning Commission in granting a Conditional Use Permit A. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the dthtrict in which the property is situated, .Applicant states that "operations on the site will occur primarily during normal business hours. The site will be heavily screened by landscaping on boundaries abutting residential areas. The site is adjacent to East Marginal Way which serves industrial traffic. No lighting is proposed These features will mitigate potential detriment to surrounding property." B. The proposed use shall meet or exceed the performance standards tint are required ht the district it will occupy. Applicant states that" the site has provided 15 to 22.5 feet of landscaping as required by the Tukwila Municipal Code. Trees will be planted an initial 6 feet, 1 foot over the minimum of five feet. Smelling trees will be planted 4 ft. on center which will provide a total site obscuring buffer." • C The proposed development shall be compatible genenlly with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design. Applicant states that "No buildings are proposed. The proposed use will be compatible with the existing industrial uses in the area and will use the same arterial for ingress and egress." • D: The proposed use shall be in keeping with the goals and policies of the comprehensive land use policy plan. Applicant states that "Comprehensive planning efforts as part of the annexation designated this site for commercial /manufacturing'uses. The site will propose a low intensity use that is well buffered to provide compatibility and consistency with land use policies." E. All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. Applicant states that "screening of the site will mitigate potential aesthetic impacts. The site will have a relatively low traffic generation which will use East Marginal Way for access. Storm draining will be provided to handle storm water from the . parking area. There will be no on -site lighting." CONCLUSIONS 1. The proposed development of the site will not change or intensify the current use rage 6 The proposed landscape /screening as previously discussed in the design review process will improve the quality of the development and will mitigate any negative visual impact on neighboring properties. The Community Development Staff recommends approval of the Conditional Use Permit application. PACTECH ENGINEERING. INC TITLE CLIENT becker transfer parking lot site plan )? L'.'>. REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL. • SUBJECT: Building and Land Development File No. 261 -78 -R Proposed Ordinance No. 78-568 SUMMARY OF RECOMMENDATIONS: Division's preliminary: Division's final: Examiner: Ms. Powers offered Exhibit No. 1 OFFICE OF THE ZONING AND SUBDIVISION EXAMINER KING COUNTY, WASHINGTON August 14, 1978 subject to conditions. subject to conditions. subject to conditions PRELIMINlRY REPORT: PUBLIC HEARING: The hearing on A.M., July 27, 1978. The Examiner explained procedures for the benefit of the participants. Ms. Powers, Building and Land Development, made the following changes to their preliminary report: Page 1, Item D -4, King County Division of Planning: Memo dated July 5, 1978 making recommendations. Page 1,. Item D -1, King County Division of Traffic dated July 6, 1978 requesting additional right -of -way. Page 2, add Item D -15: Washington State Department of Transportation dated July 10, 1978 indicating no interest. Page 2, add Item U -16: Letter from Mr. and Mrs. Richard Barnhardt dated July 21, 1978. The Building and Land Development pielim'inary report on Item 261 -78 -R was received by the Examiner on July 20, 1978. After reviewing the Building and Land Development report, examining available information on file with the application and visiting the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: Item 261 -78 -R was opened by the Deputy Examiner at 10:10 BECKER TRANSFER ATTACHMENT B MASTER COPY Exhibit No. 2 Application dated March 23, 1978. Exhibit No. 3 - Environmental Checklist dated March 23, 1978. Exhibit No. 4 - Declaration of Non - significance dated June 16, 1978. Exhibit No. 5 - Assessor map of the NWT of Section 15 -23 -4 showing subject property outlined in red. Exhibit No. 6 - Land Use Sheet 324 W (to be retained in the Diyision's permanent working files). Exhibit No. 7 - Two sheets of plans; Exhibit No. 8 - Large copy of the Highline Community Plan Map (to be retained in the Division's permanent working files). Mr. Marbett, Building and Land Development, made the following . modification to the Division's preliminary report: Page 4, Item K -1 should read: "The Highline Community Plan Map which was adopted as part of the Highline Community Plan under Ordinance No. 3530 on December 19, 1977, has the easterly 370' of the subject property shown as general commercial area and the remainder as single family. The area north of South 126th Street and east of East Marginal Way is the area proposed for expansion of the light manufacturing zone." The Examiner directed questions to Mr. Marbett. Speaking in support were: J. Ray Catron, applicant 3717 South 128th Seattle, Washington 98168 Edwin J. Becker Becker Transfer Company 16828 S.E. 28th Bellevue, Washington 98008 The Examiner directed questions to Mr. Becker. Mr. Marbett also responded. • Also speaking in support was: Phil Hemmingway 4036 South 128th Street Seattle, Washington Mr. Becker made additional comments. Speaking in opposition were: Ruth Burnhardt 3704 South 126th Seattle, Washington 7 -1: Site plan; 7 -2: Drainage plan. • 261 -78 -R . Page 2 , Beverly Nicholson 3810 South 130th Street Seattle, Washington Ms. Nicholson offered the following exhibit: Exhibit No. 9 - Set of 35 letters in opposition. The hearing on this matter was recessed at 10:53 A.M., at 11:05 A.M., July 27, 1978. Also speaking in opposition were: • Mr. Ualasz 12633 - 35th Avenue Seattle, Washington Sharon Burnhardt 3418 South 126th Seattle, Washington South 98168 261 -78 -R Page 3 and reconvened Ms. Burnhardt offered the following exhibit: Exhibit No.I10 - Two letters of opposition from Mrs. F. Bernhardt and Mr. Robert J. Bernhardt respectively. All proponents and opponents having given their presentation,. the participants responded with cross - examination and rebuttal. Building and Land Development's final recommendation was to approve CG -P in lieu of M -L for the easterly 264 feet of the subject property subject to conditions as stated in their preliminary report. The hearing on Item 261 -78 -R was closed by the Deputy Examiner at 11:38 A.M.', July 27, 1978. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. General Information: Location: Existing Zone: Requested Zone: STR: Size: Water District: Sewer District: Fire District: School District: Lying on the southwest corner of South 128th Street and east of Marginal Way South S -R and S -R (Potential C -G) M -L 15 -23 -4 3 acres 38 Val Vue #18 #406 i 261 -78 -R Page 4 2. Approval of this application will constitute a "major action" under the provisions of R.C.W. 43.21C and W.A.C. 197 -10. The applicant submitted an environmental checklist with the . application. After reviewing the environmental checklist, the Manager of the Building and Land Development Division made a threshold determination that approval of this application will not have a significant adverse impact upon the quality of the environment and that an environmental impact statement is not required. The Building and Land Development Division transmitted a proposed declaration of non - significance to other agencies with jurisdiction on June 16, 1978. After the elapse of fifteen days following the transmittal and after reviewing comments submitted by agencies with jurisdiction and by other parties, the Manager of the Building and Land Development Division adopted the proposed declaration as a final declaration of non - significance. At the public hearing on this application a representative of the Building and Land Development Division reported that having considered the comments and testimony by agencies with jurisdiction and by other parties, having visited the subject property, and having evaluated the natural, physical and social systems related to this application, the Building and Land Development Division reaffirms its determination that approval of this application will not have a significant adverse impact on the quality of the environment and an environmental impact statement is not required. 3. The purpose of the request is to allow parking for employees of the adjacent transfer and storage company in the easterly one -third of the property and parking for transfer trucks and trailers in the central portion. The most westerly portion is intended to be leased or sold for other light manufacturing purposes. 4. The subject property was zoned SR and SR (Potential CG) at the time of the Highline Area Zoning Study, adopted by Resolution No. 34529 on December 11, 1967. Prior to that time the zoning on the subject property was R7.2 (Residential Single Family District). There is no indication in the record that a more intensive zoning classification than the above was requested or considered during the 1965 area zoning. 5. The property directly north, across 128th Street from the westerly 400 feet of the property, was reclassified ML subject to screening conditions in 1977 (249- 74 -P). This property, which is occupied by the intended lessee or purchaser of portions of the subject property (the Becker Transfer Co.), has placed about 510 trees and shrubs in the required peripheral screening of that site. The owner of this firm advised that the company has experienced considerable growth the past years and is seeking additional employee and truck parking space. The present parking area is fully occupied by both, and employees are parking.on the surrounding streets. ML permits both types of parking, but CG would limit the expansion to employee parking lots. 6. The applicant asserted that industrial expansion in the immediate area is inevitable because of the proximity of industry to the north and the ready access to new freeway and industrial expressway routes. 7. Opponents who filed letters or testified at the hearing are seeking to preserve an existing residential area to the south and west of the site. Testimony indicated that many young families with elementary age children live in the area and attend a nearby school. They are concerned about the truck traffic and the gradual erosion of the line of demarcation between residence and industry. CONCLUSIONS: 261 -78 -R Page 5 8. The Highline Communities Plan indicates general commercial for the easterly 370 feet more or less of the property and residential for the westerly 160 feet more or less. This designation corresponds with the existing potential zoning on the property. Ordinance 3747 requires, during the interval between Community Plan adoption and Area Zoning adoption that reclassification requests in the Highline Area be judged by the Community Plan. The Highline Area Zoning has not been adopted as yet. 9. The application for ML is opposed by the Cities of Seattle and Tukwila. 1. Based upon the whole record and according substantial weight to the determination of environmental significance made by the Division of Building and Land Development, it is concluded that approval of the subject action as recommended below, would not significantly affect the quality of the environment. All evidence of environmental impact relating to the proposed action and reasonable alternatives to the proposed action have been included in the review and consideration of the subject action. 2. The request for ML is inconsistent with the Highline Communities Plan and would have an unreasonable impact on an existing residential community. 3. The reclassification to CG -P with certain limitations and conditions would carry out the Highline Communities Plan and would be consistent with the intent of the 1965 area zoning. 4. Screening, landscaping and restoration of graded land outside of the potential CG property is essential in order to establish a more definite and defensible line of demarcation between residential and non - residential uses. RECOMMENDATION: Approve CG -P in lieu of ML for the eastern 264' of the subject property subject to the following post- ordinance conditions: 1. A plot plan to be approved by the Division of Building and Land Development showing circulation, access and parking layout. 2. A landscape plan showing a minimum landscape strip of 20' along the west and south property lines and 10' along South 128th Street as required by•the adopted Highline Plan (page 35)(e). 3. A bond, the amount to be determined at the time of the plat plan submittal to insure the installation of the approved landscaping. 4. A plan for the restoration of ground cover in the westerly . third of the subject property and, where feasible, on the cut slopes of the south and west boundaries of the applicant's ownership. ORDERED THIS 10th day of August, 1978. Robert A. Eveleigh DEPUTY ZONING AND SUBDIVISION EXAMINE 4 5 6 7 8 • 20 21 22 23 24 25 26 27 28 29 30 1 I ! January 11, 1979 2 3 ORDINANCE NO. I P Proposed Ordinan 8 1 W'e .: - Introduced by: 4f r116 c>eio1 AN ORDINANCE. amending King County Zoning Resolution No. 25789, as amended, by amending the Zoning Map thereof reclassifying certain property thereof at the request of J. R. Catron, Building and Land Development Division File No. 261 -78 -R. 9 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 10 SECTION 1. J. R. Catron petitioned on March 23, 1978, that 11 the property described in Section 3 below be reclassified from SR 12 and SR (Potential CG) to ML and this application was assigned 13 Building and Land Development Division File No. 261 -78 -R. 14 SECTION 2. The report and recommendation of the Building and 15 Land Development Division was transmitted to the Zoning and Sub - 16 division Examiner on July 20, 1978, and hearing was held by the 17 Examiner on the matter July 27, 1978. The report of the Examiner 18 was filed with the Clerk of the King County Council on August 25, 19 1978, and the Council approved the reclassification by Motion No. 03796 on October 23, 1978, subject to conditions which will be satisfied per the "P" suffix. SECTION 3. The legal description of the property to be re -% classified is attached as Appendix A and is hereby made a part of this ordinance. The above described property is shown on the at- tacked map which is designated Appendix B and is hereby made a part of this ordinance. SECTION 4. The King County Council does. hereby amend King County Zoning Code, Resolution No. 25789, as amended, by reclassi- fying that property described and shown in Section 3, Appendices A OVERALL LEGAL DESCRIPTION: • FILE NO. 261 -78 -R APPENDIX A The east 264 feett of the following described: Tracts 1 to 10 inclusive, except the west 20 feet of Tracts 3 and 4, and Tracts 14 to 24 inclusive, vacated Essico Addition to Riverton, according to plat recorded in Volume 33 of Plats, Page 49, in King County, Washington TOGETHER with the vacated 30 foot street between lots 1 and 22 lying south of the south margin of South 128th Street, EXCEPT that portion of the south half of. vacated Riverton Place abutting and adjoining vacated lots 11 and 13 of said plat. Less County roads. 29 30 31 32 33 February 1985 IN ""ODUCED BY: GANYCAAII( PROPOSED ORDINANCE NO. 79 -240 ORDINANCE NO. � - y L 1, AN''ORDINANCE amending King County Title 21, as amended, by amending the Zoning Map, thereof reclassifying certain property thereon at the request of Edwin .J. Becker. Building and Land Development Division File No. 228 -79 -R BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Edwin J. Becker petitioned on January 23, 1979, the the property described in section 3 below be reclassified from M -L (PUD) to ML -P, and this application was assigned building and land development division file no. 228 -79 -R. SECTION 2 The report and recommendation of the building and land development division was transmitted to the zoning and subdivision examiner on March 15, 1979 and May 1, 1979, and hearing was held by the examiner on March 22, 1979 and May 8, 1979. The report of the examiner was filed with the clerk of the King County council on June 4, 1979, and the council approved the reclassification by Motion no. 4301 on June 11, 1979, subject to conditions which have now been satisfied. SECTION 3. The legal description of the property to be reclassified is attached as Appendix A, and is hereby made a part of this ordinance. The above described property is shown on the attached map, which is designated Appendix B, and is hereby made a part of this ordinance. SECTION 4. The King County council does hereby amend King County Council Title 21, as amended,' by reclassifying that property described and shown in section 3, Appendices A and B above, to ML -P. and directs the area map W 10 -23 -4 be modified to so designate. SECTION 5. This reclassification is granted subject to conditions adopted. in Motion no. 4301, and said conditions 6ECKER TRANSFER ATTACHMENT C 33 1 3 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 17 1e 19 20 21 22 23 24 25 26 27 28 29 30 31 are incorporated herein as thou'h fully set forth herein, INTRODUCED AND READ for th first time this 2614k., day 1977. PASSED this /Mk.. day. 7 • 1985. KING COUNTY COUNCIL KING COUNTY, WASHINGTON ATTEST: k of the Council APPROVED this 2S d a rman • . c • SUBJECT: SUMMARY OF RECOMMENDATIONS: Division's Division's Examiner: PRELIMINARY REPORT.: PUBLIC HEARING: The hearing on Item March 22, 1979. Ms. Powers, Building Exhibit No. 1: Exhibit No. 2: Exhibit No. 3: Exhibit No. 4: Exhibit No. 5: Exhibit No. 6: Y WASHINGTON OFFICE OF THE ZONIN REPORT AND RECOMMENDATION TO THE preliminary: Ap ti final: A t A t KING Buildin• and Land Development File No. 228 -79 -R • Propose • Ordinance No. 79 -240 2.1 acr s lying at the southwest corner of East Margina Way South and South 128th Street. The Bu report Examin After report with Burro hearin 228 -79 -R w and Land Appli Envir ED IN J. BECKER ML (PUD) to ML -P Decla 1979. Build dated Asse show Two 6 -1: 6 -2: (to file KING COUNTY COUNCIL. May 18, 1979 AND SUBDIVISION EXAMINER rove ML -P, in lieu of ML, subject to condi- ns. • rove ML -P, in lieu of ML, subject to condi- Ons (modified) . prove ML -P, in lieu of ML, subject to condi- ons. (modified) . lding and Land Development preliminary on Item 228 -79 -R was received by the r on March 15, and May 1, 1979. eviewing the Building and Land Development examining available information on file e application and visiting the property and ding area, the Examiner conducted a public on the subject as follows: s opened by the Deputy Examiner at 2:40 P.M. velopment, offered the following exhibit: ation dated January 23, 1979. nmental Checklist dated January 23, 1979. ation of Non - Significance dated February 21 ng and Land Development's preliminary repor March 22, 1979. sor map of the SWIs of Section 10 -23 -4 ng subject property outlined in red. and Use Sheets marked: 315W 324W e retained in the Division's permanent world ) . Correspondence contained in t e Division's final but not referenced in their preliminary report was =s follows: Page 2, Item D -14, Washi State Department of Transportation: Response dated March 7, 1979 stating "no comment ". TAR COSY � The Mr. Mr. Mr. page 2, Item D -8, City of Tukwila Planning Department: Response dated March 8, 1979. Page 1, Item D -1, King County Division of Traffic and Planning: Response dated March 13, 1979 stating "no comment ". Page 1, Item March 14, EDWIN J. BECKER, applicant 12677 East Marginal Way South Seattle, Washington 98168 228 -79 -R Page 2 D -7, King County Division of Planning: Response dated 1979. March 10, 1979 from Mrs. Donald Nicholson stating opposi- Letter dated tion. Letter dated March 17, 1979 from G. S. Delihunt stating opposition. Letter dated March 19, 1979 from Mrs. Douglas Perrine stating opposition. Letter dated March 20, 1979 from Mr. and Mrs. Richard B. Bernhard stating opposition. The Examiner made comments for the benefit of the participants. All parties wishing to testify were affirmed by the Examiner. Speaking in support was: Examiner directed questions to Mr. Becker. Marbett, Building and Land Development, made comments at this time. Becker continued with his presentation. Becker offered the'following exhibit: Exhibit No. 7: Discussion took place among Mr. Becker, the Also speaking in support were: PHILLIP HEMENWAY 4036 South 128th Seattle, Washington 98168 RAY CATRON 3717 South 128th Seattle, Washington 98168 BEVERLY NICHOLSON 3810 South 130th Seattle, Washington 98168 Set of building plans proposed for subject propert: Examiner and Mr. Marbett.. Speaking in opposition was: SHARON BERNHARDT 3418 South 126th Seattle, Washington 98168 Ms. Bernhardt offered the following exhibits: Exhibit No. 8: Set of five photographs. Exhibit No. 9: Set of 24 letters of opposition from residents of subject property. Ms. Bernhardt continued with her presentation. Also speaking in opposition were BRIAN KENNEDY 12802 - 37th Avenue South Seattle, Washington 98168 SHARON MANN 3404 South 126th Seattle, Washington 98168 RUTH BERNHARDT 12527 - 35th Avenue South Seattle, Washington 98168 All proponents and opponents having given their presentations, the participants responded with cross - examination and rebuttal. A continuance date was discussed by the participants. Cross - examination and rebuttal continued. 228 -79 -R Page 3 At 4:20 P.M., March 22, 1979 this matter was continued by the Deputy Examiner to 9:00 A.M., May 8, 1979 in Room 854 of the King County Administration Buidling. The hearing on Item 228 -79 -R was reopened by the Deputy Examiner at 9:15 A.M May 8, 1979. * * * * * * * * * * * Ms. Powers, Building and Land Development, offered the following exhibits: Exhibit No. 10: Addendum Building and Land Development report dated May 8, 1979. Exhibit No. 11: Site plan submitted April 9, 1979 by the applicant. Mr. Marbett, Building'and Land Development, summarized the background of this application. Speaking in support was: EDWIN J. BECKER, applicant 12677 East Marginal Way South Seattle, Washington 98168 Mr. Marbett and Mr. Becker held discussion at this time. Mr. Becker continued. Speaking in opposition were: SHARON BERNHARDT RUTH BERNHARDT Mr. Marbett and the Examiner addressed questions to Mrs. Ruth Bernhardt. All proponents and opponents having given their presentations, the participants responded with cross - examination and rebuttal. Discussion continued among the participants. Mr. Marbett modified the addendum Building and Land Development report dated May 8, 1979 (Exhibit No. 10) as follows: Pre - ordinance Condition on Page 3 to read as follows: "The applicant shall:fulfill the necessary requirements to receive site plan approval on the property to the south (File No. 261 -78 -R) or submit a cash bond of $5000 with the stipulation that the post ordinance condition be satisfied within'six months of Council approval of File No. 228- 79 -R.." 228 -79 -R Page 4 jr. Marbett stated that his final recommendation was to approve as stated in their addendum preliminary report dated May 8, 1979 with the following additional conditions and the modifications stated above: Condition No. 5: "The truck fleet shall be limited• to a combination of 96 vehicles that would include vans or trucks, tractors and trailers." Condition No. 6: "Repair of any vehicles on the premises not to be after 10:00 P.M. or to be contained within an entirely enclosed building." The hearing on Item 228 -79 -R was closed by the Deputy Examiner at 10:25 A.M., May 8, 1979. FINDINGS, CONCLUSIONS AND RECOMMENDATION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. General Information: Location: Existing Zone: Requested Zone: STR: Size: Water District: Sewer District: Fire District: School District: Lying on the northwest corner of East Marginal Way South & South 128th Street. ML (PUD) ML -P W10 -23 -4 2.1 acres #125 Val Vue #18 South Central 2. Approval of this application will constitute a "major action" under the provisions of R.C.W. 43.21C and W.A.C. 197 -10. The applicant submitted an environmental checklist with the application. After reviewing the environmental checklist, the . Manager of the Building and Land Development Division made a threshold determination that approval of this application will not have a significant adverse impact upon the quality of the environment and that an environmental impact statement is not required. The Building and Land Development Division transmitted a proposed declaration of non - significance to other agencies with jurisdiction on February 21, 1979. After the elapse of fifteen days following the transmittal and after reviewing comments submitted by agencies with jurisdiction and by other parties, the !tanager of the Building and Land Development Division adopted the proposed declaration as a final declaration of non - significance. At the public hearing on this application a representative of the Building and Land Development Division reported that having considered the comments and testimony by agencies with jurisdiction and by other parties, having visited the subject property, and having evaluated the natural, physical and social systems related to this application, the Building and Land Development Division reaffirms its determination that approval of this application will not have a significant adverse impact on the quality of the environment and an environmental impact statement is not required. 3. The subject property was zoned ML subject to a planned unit development (File No. 200 -74 -R) in 1974. Final planned unit development approvat was g iven in (File No. 249 -74 -P) and later revised in 1977. This request would change the zone classification of 'the subject property from ML (PUD) to ML -P in order to expand a building beyond the limitations placed on the subject property through the Planned Unit Development procedure. 229 -79 -R Page 5 4. The Highline Community Plan, adopted by the King County Council in December 1977 shows the subject property as "industry" and prescribes specific landscaping standards for industrial property. The property to the south (File No. 261- 78 -R /Ra Catron) was approved to CG -P subject to site plan approval. T Tie applicant is currently using this property for employee parking but has not yet received site plan approval. The public hearing on this matter had been continued in order to allow time for the applicant to prepare a site plan and for the Traffic Division' to complete a traffic study relating to the capacity of East Marginal Way in the vicinity of the site. 7. The site plan submitted by the applicant shows the proposed building expansion (40'X69.6') and parking for 34 vans and 31 sem trailers. The plan also shows a new entrance near the southwest corner to accommodate the addition to the building. 8. The Traffic Division concluded that: "...the subject route is capable of handling the existing traffic and any future traffic volumes using this arterial. We recommend against any restrictio to use of'this route going south from the light industrial area. A restriction of this type could cause undue congestion at the intersection of East Marginal Way and Interurban Avenue South." 9. Representatives of the Riverton community attended the hearings and requested that the County place conditions on the site plan and operation of the facility that will protect existing residential areas and provide a workable, boundary between residenc and industrial expansion in the area.. 10. The Building and Land Development Division proposed specific limi tions on the number of vehicles to be utilized at the site and the hours of outdoor maintenance and repair work. The applicant advised that his present business operation depends on all -night truck maintenance work on the site. The additional facility is designed to support off - loading and transfer of good: from long -haul to short -haul vehicles. CONCLUSIONS: 1. Based upon the whole record, and according substantial weight to the determination of environmental significance made by the Division of Building and Land Development, it is concluded that approval of the subject action as recommended below, would not constitute a major action significantly affecting the quality of the environment. All evidence of environmental impact relating to the proposed action and reasonable alternatives to the proposed action have been included in the review and consideration of the subject action. 2. Industrial use of the property is supported by the Highline Community Plan, which also provides for adequate screening and landscaping. 3. The location of the property at the boundary of industrial and residential areas requires conditions of approval which go beyor typical industrial . property requirements. RECOMMENDATION: Approve ML -P in lieu of ML subject to the following conditions: Pre - ordinance condition: C 9 The applicant shall fulfill the necessary requirements to receive site plan approval on the property to the south (File No. 261 -78 -R) or shall submit a cash bond of $5000 to insure that post - ordinance 228 -79 -R Page 6 .)ndit.ions of File No. ,261 -78 -R are satiijied_xithin _si _.(6) w oche of the approval of this case File No. 228- 79 -R). Post- ordinance conditions: 1. The applicant shall supplement the existing landscaping to meet the requirements of the Highline Plan. a. Type II landscaping along the south property line as far west as the proposed entrance. b. Type III landsacping for the remainder of the south property line and the north and west property lines. c. Planting along the east is sufficient but shall not be decreased. 2. Expansion of the building shall be limited to the proposed expansion (40'X69.6'). ORDERED THIS 18th day of May, 1979. Edwin J. Becker Phillip Hemenway Ray Catron Sharon Bernardt Beverly Nicholson Brian Kennedy Sharon Mann Ruth Bernhardt Luci Reimann James L. Stretch Brudette & Coleen Anderson Shirley M. Robinson Bernice Ross Rhoada E. Cook Mrs. Harriet Norman TRANSMITTED this 18th day of May, 1979 by certified mail to the parties of record: 3. No additional building(s) shall be allowed on the site. 4. A cash bond may be required at the time of the building permit for insurance of landscaping. ' The truck fleet on the site to be limited to a combination of 96 units - a unit being defined as a van, a tractor or a trailer (a combination tractor and trailer equals two units). . The noise levels emanating from maintenance and repair of vehicles between the hours of 10:00 P.M. and 7:00 A.M. shall be limited as set forth in Section 12.88 of the King County Code. A violation of the provisions of that section shall be considered a violation of the conditions of approval of this application. Exemptions allowed by Section 12.94 for industrial districts shall not apply to the subject property while operating under the conditions of this reclassification approval. Robert A. Eveleigh DEPUTY ZONING & SUBDIVISION EXAMINER TO: Tukwila Planning Commission DATE: 17 January 1990 RE: Becker Transfer Conditional Use Permit 89 -3 -CU Design Review. 89 -10 -DR In considering the request by Becker Transfer for a conditional use permit allowing parking of tractors and trailers in addition to the parking of employee vehicles which is presently allowed, interested residents respectfully. bring the following areas of concern to your attention:. 1. Traffic hazard involved in trucks exiting onto E. Marginal Way from S. 128th, due to the dangerous blind curve which obstructs the view south of S. 126th St. A 45' -48' truck . pulling out onto E. Marginal Way from S. 128th St. would not be visible in time for through traffic to stop. The radius of turn for a large truck could present an impediment for both south and northbound traffic. The volume of traffic generated by Metro, Boeing and the Bank computer Center among others demands further scrutiny. 2. Problems of (surface water management emanating from the subject property. The problem of the flooding of S. 128th St. was created when the swamp, which is now the subject property, was filled and graded to become a parking lot. Waterflow generated from springs on the subject property has never been properly channeled. S. 128th St. readily becomes a lake which prevents its use in the area between Mr. Becker's north and south. properties, with the lake extending westerly depending on the amount of rainfall. 3. The landscape design has provided a minimal plan for . screening of the proposed truck terminal and storage yard. Residents' would like to see a living wall of vegetation as required in 1979. The design totally neglects the vital provisions for maintenance of the landscaping materials to ensure their survival . and optimum growth. A sprinkler system should be a minimum requirement and the employment of a qualified, approved, bonded landscape architect should be mandatory. A bond at maximum % should also be required of Mr. Becker. Landscape island requirements within the parking area need to be consistent with City requirements in Southcenter and elsewhere in Tukwila. An intrusion of this magnitude into a residential community needs to contribute not detract. 4. Threat to neiahborhood security of an unfenced, visually screened, accessible parking area needs to be addressed. There is already a potential for liability from unauthorized use of the subject property. The subject property needs a security fence with gates which are locked after work hours (between 10:00 pm and 6:00 am and on weekends). A fence which is placed inside the landscaping will serve an aesthetic purpose as well as reduce fencing costs for Mr. Becker. R2CEIVED CITY OF TUKWI! 4 JAN 1 8 1990 PERMIT CENTER BECKER TRANSFER ATTACHMENT D To: Tukwila Planning Commission DATE: 17 January 1990 RE: Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support . of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address • TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. .'Respectfully submitted, Signature Address 42 tg i 3`t i 4. 1'2.4.0 S t � (pie , ' �e.TY G► 7 ?2I 1V /V A'r l37y r. 9 Sv /54 ?4 /391. TO: DATE: RE: . Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR Address /39/9 *ii . ¶o , TO: Tukwila Planning Commission DATE: 17 January 1990 RE: Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR ,5. The Quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature a' hc ; Address 3v18 74//8 *) J2 /026 3e)- 3 s/ ,o £9 - 35 £ . • i I • L 7 X11 rc ter. • t e '—s 11/ sc' /.2 /asa 3SA ✓E . TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit Design Review 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address 89 -3 -CU 89 -10 -DR 3.158 4d '- atitt . IOU. • \`3Z -s4S `-t /31,w 40tk 6414 S 1.1.25 ya m Avg , stn 9 cif`' ' i1 /))(; et'' Ave.. t TO: Tukwila Planning Commission • DATE: 17 January 1990 RE: Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature n Address /1 IL 7: ? /28/) L - IrAe !ay /j0 j/ 37eI au4 TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the .community's . efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address / ,32 r 7 3P `'.44 St-, A� e. ea,die- /. c-k LIT 1 711/4 , e . . 3i10 .)44.41-4 /3oJ .s• )& i3 39%PUE,S. /33y 371`4.44v • 1.3o17 - .3 7 <?` i ftefiE , g, Wk g7Q. fi nI ..31 mitt-' 67.4,4. /.3G07 ,37 e- .Jo 6 /3 t0 7 3-774 . - (7;M 1 T • . TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important; Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance' conditions for drivers and residents. 6. Precedence for a line of deearcation between industrial and residential uses was established by King County in an August 10 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address 43 WW1 g, otuvrall telki 7014 61'. Me- j 37 Pt k ra g 3 S l ig tai (11 371k s 11 g3g 37 ill S . 7,5(3,, 3'7 50. /30/7 It/ /Z,/f S. /36/7 got 94ve- s, TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR Address t)z 41 qtre . 1 c 2 4 � - .¢ vas- i rr Aijt I3 4( Ails so, / /J: g• /56 1147,o 5 M4-. 28 February 1990 Maxine Anderson, City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Dear Ms. Anderson: 71 1"Q POP - 2►4Ci r '"7" .� .. We the undersigned hereby appeal the decision of the Planning Commission at the February 22, 1990 meeting regarding Becker Transfer Conditional Use Permit 89 -3 -CUP and 89- 10 -DR, Design Review for the same property for the following reasons: 1. 89 -3 -CUP Condition #2: "Use of site will be confined to parking of employee automobiles, trucks. tractors and trailers." Staff report recommended condition was "...employee automobiles and truck trailers." This language was added after the close of the public hearing dated February 22, 1990. This changes the proposed use from a parking lot (which was the request) to a working yard. An expansion of this nature seriously impacts the surrounding single family neighborhood. 2. 89 -10 -DR Condition 6 re: fencing of the property. TMC 18.60.050(3) lists criteria for Landscaping and Site treatment, including (b) "...promote safety... ". TMC 18.64.050 lists criteria for granting a conditional use permit, including (a) "...will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use... "; and, (e) "All measures have been taken to minimize the possible adverse impacts ... on the area ". a Arrests have been made in the immediate area. Because of its proximity to established crime centers, we are concerned about providing an even more attractive location for criminal activity -- nicely paved, totally screened from view from adjacent streets, unlighted, and unsecured. In spite of public testimony in which several residents expressed concern over the safety of children who play there and the safety of the community if yet another unsecured secluded spot were added to the neighborhood, the Planning Commission would not require a fence and locking gate, although it was within their realm to do so. Ms. Maxine Anderson 20 December 1989 Page 2 3. 89 -10 -DR Deletion entirely of staff's recommendation #4 to enhance planting along East Marginal Way to provide a dense screen similar to other property lines. Photographs submitted showed the extent of current landscaping along East Marginal Way to be sparse and incapable of providing any visual relief for the single family houses located directly across the street from the subject property. This property is surrounded on three sides by single family uses. 4. We feel that the Planning Commission has shown bias in their decision - making, as indicated by statements made by members of the Planning Commission during the public hearing, such as, "This is an area in transition..." This area is in transition pnly insofar as the Planning Commission is unwilling to protect the residents from further encroachment and adverse impacts in their decision - making. The signatures of 70 local residents on a hastily prepared petition dated January 17, 1990 and submitted to the Planning Department indicate that there are many residents living in the immediate area who are interested in continuing to live here and do not consider this an "area in transition ". The overwhelming approval of the annexation election by residents in Riverton also demonstrated their desire to gain better control over land use decisions made in the surrounding neighborhood. Additionally, both the current zoning of the area and the Comprehensive Plan designations for the area do not support the Planning Commission's apparent contention that this is a "transitional area." During the pre- annexation zoning process, task force members worked diligently to come to compromises in this particular area, to protect and buffer the adjacent residential uses from any further erosion and impacts while not creating any undue hardships on businesses already located there. City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. Vanousen, Mayor NOTICE OF DECISION File Number: 89 -3 -CUP BECKER TRANSFER 89 -10 -DR Applicant: Pac -Tech Engineering, Inc. Request: Approval of Conditional Use Permit and Design Review to improve a parking facility for employee automobile and semi - tractor trailer truck parking. Location: Southwest corner of South 128th Street and East Marginal Way The Planning Commission conducted a review of the above request on February 22, 1990, and approved file 89 -3 -CUP and 89 -10 -DR with the attached conditions. The Commission adopted the Findings and Conclusions contained in the Memorandum dated February 12, 1990 which was attached to the Staff Report dated November 10, 1989. Any party aggrieved by this decision may appeal the decision to the City Council by filing an appeal in writing with the City Clerk within ten (10) days of the above date and shall state the reasons for the appeal. Molly A. Headley Assistant Planner February 23, 1990 • Conditional Use Permit Conditions File 89 -3 -CUP 1. Applicant will provide a 150% cash assurance for the cost of landscaping to include materials, labor and maintenance. 2. Use of site will be confined to parking of employee automobiles, trucks, tractors and trailers. 3. Hours of operation of the site will be confined to the hours between 6:00 A.M. and 10:00 P.M. 4. Applicant will comply with conditions of approval within six months of approval date. (August 22, 1990) 5. A traffic study will be conducted to determine what will provide a safe intersection for automobiles. If a restriction of parking along East Marginal Way, then an ordinance will be passed to provide for such restriction. Design Review Conditions Prior to issuance of Building Permit: 1. Deletion of entry point shown on plan off East Marginal Way. 2. Placement of wheelstops in parking spaces adjacent to landscape areas. 3. Increase height of new landscaping /screening so that it will be a minimum of 10 feet high at installation. 4. All new landscaping areas will be automatically 5. Provide a drainage system plan that will eliminate the flooding problem on S. 128th St. Plan will be approved by the City Engineer prior to issuance of Building Permit. 6. Applicant will be required to install fence around property if crime statistics provide evidence of a problem. Planning Department will review statistics within one year to determine if installation is warranted. 7. Revise landscape plan in the Southwest corner to decrease erosion that is currently occurring by retaining original landscape plan with the addition of erosion - resistant planting on slope and provide a curb to protect wall /edge of hillside from damage by automobiles. Mr. Flesher was excused. CITY OF TUKWILA PLANNING COMMISSION FEBRUARY 22, 1990 City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. VanDusen, Mayor The meeting was called to order at 8:05 p.m. by Chairman Jim Haggerton. Members present were Messrs. Haggerton, Hamilton, Cagle, Kirsop, Knudson and Gomez. Representing the staff were Vernon Umetsu, Molly Headley and Joanne Johnson. APPROVAL OF MINUTES - MR. HAMILTON MOVED AND MR. KNUDSON SECONDED A MOTION TO APPROVE THE JANUARY 25, 1990 MINUTES AS PRESENTED. MOTION UNANIMOUSLY APPROVED. 89 -3 -DR & 89 -10 -DR - BECKER TRANSFER - (Second Hearing, due to procedural error.) Request for approval of design review applica- tion and conditional use permit to develop an improved parking facility for employees' automobiles and semi -truck trailers. Molly Headley, Assistant Planner, reviewed the request noting that, due to a procedural error, this request is being heard again by the Planning Commission. She stated that staff is recommending approval with conditions as stated in the staff report. Mr. Jeffrey Mann, PacTech Engineering, 6100 Southcenter Blvd, represented the applicant. He entered into the record as Exhibit I, a letter dated February 22, 1990, modifying staff's condi- tions. He reviewed the proposed landscaping, entering the landscape plan as Exhibit II. Exhibit III, a photograph of trees depicting a buffer along East Marginal Way, was also entered into the record. He concluded by requesting approval of design review and conditional use applications with modified conditions. A letter from Donna Meagher in support of the request, was read into the record. It was subsequently entered into the record as Exhibit IV. Kathy Stetson, 13258 - 40th Avenue S., presented a photograph board to the Commission in clarification of concerns posed by this proposal. It was subsequently entered into the record as Planning Commission February 22, 1990 Page 2 Exhibit V. She expressed concern with traffic impacts the propo6al may have on E. Marginal Way as well as adequate land- scaping be provided and that they be required to provide wheel stops. She felt the operation should be entirely fenced, no on- street parking be permitted and a bond be required to ensure improvements are completed. For the record, she requested that no on -site storage of materials or debris be permitted, as well as no fuel storage be permitted. Beverly Nicholson, 3810 S. 130th St., concurred with comments made by Ms. Stetson. She favored a decision by the Board to implement all the conditions presented by staff, with no dele- tions. Shirley Robinson, 13422 40th Avenue S., also concurred with previous citizen testimony. She expressed concern with traffic impacts, as well as impaired site distance which contributes to potential traffic accidents. She felt the fence is an important issue as children are attracted to the site. She felt the site also poses a problem for potential for drug use activity. In response to a question posed to staff, it was determined that the conditions would follow the business rather than ownership of the property. Robert Bernhards, 3418 S. 126th, expressed a concern with surface water problems this site has had in the past. He also expressed a concern with the drainage of a white substance into a nearby creek which now does not have any fish in it. He felt measures should be taken to filter the stormwater runoff from the pavement proposed for the site. Phil Hemenway, 4036 S. 128th, spoke in support of the Becker operation. He supported the expansion of the facility and felt they are an asset to the community. Ed Becker responded to citizens concerns by stating that he would be supportive of using lighting to discourage vandalism or potential drug activity. He further stated that pipes have been cleaned out so storm water flooding should not be a problem now. Donna Meagher, 13242 - 40th Avenue S., felt the City discourages businesses in the City. Further, she pointed out that the City should be as concerned with the drug activity that takes place in a local park as they are with the Becker site. Sharon Bernhard, 3418 S.126th, felt that proper landscape screen- ing should be implemented to reduce noise impacts and lighting should be aimed in such a way as to reduce the impact on the surrounding neighborhood. She felt that flooding is a serious problem on 128th. She expressed a concern with the potential Planning Commission February 22, 1990 Page 3 liability issue that may occur with children playing on the Becker property, and fel that fencing the property was the answer. She felt everyo e should work together for the common good. The public hearing was c osed at 9:15 P.M. and discussion ensued on the proposal. CONDITIONAL USE PERMIT CONDITION #1: MR. KIRSOP MOVED AND MR. THE SITE WILL BE CONFINE TRUCKS, TRACTORS AND TRA CONDITION #2: MR. KIRSOP MOVED AND HAM LTON SECONDED A MOTION THAT THE HOURS OF OPERATION ON THE SITE SHOULD BE 6:00 A.M. TO 10:00 P.M. MOTION UNANIMOUSLY APPROVED. CONDITION #3: MR. KNUDSON MOVED AND MR. CAGLE SECONDED A MOTION THAT AS A PREVIOUS CONDITION APPRO D BY THE PLANNING COMMISSION STATED THAT THE APPLICANT MUST E IMPROVEMENTS WITHIN SIX MONTHS OF APPROVAL DATE (AUGUST 22, 1990). IF THE CONDITION IS NOT COM- PLIED WITH, THE PERMIT ILL BE RESCINDED. MOTION UNANIMOUSLY APPROVED. CONDITION #4: HAMILTON MOVED AND MR. DISTANCE TRAFFIC STUDY REQUIRED TO RESOLVE T FACILITY AT EAST MARGIN TION. IF THE STUDY IND THAT AREA WOULD PRODUCE RECOMMENDATION SHOULD B DESIGN REVIEW CONDITION #1: KIRSOP MOVED AND MR. PLICANT BE REQUIRED BY ALL LANDSCAPED AREAS OR WHICH WILL ENSURE A GOO THE TMC STATES THAT ALL CAGLE SECONDED A MOTION THAT THE USE OF TO PARKING OF EMPLOYEE AUTOMOBILES, LERS. MOTION UNANIMOUSLY APPROVED. NUDSON SECONDED A MOTION THAT A SITE ILL BE CONDUCTED TO DETERMINE WHAT IS FIC PROBLEMS ENTERING AND EXITING THE WAY AND SOUTH S. 128TH STREET INTERSEC- CATES THAT A RESTRICTION OF PARKING IN AN IMPROVEMENT IN SAFETY, THEN THIS FOLLOWED. MOTION UNANIMOUSLY APPROVED. ILTON SECONDED A MOTION THAT THE AP- ODE TO PROVIDE AN IRRIGATION SYSTEM FOR A MAINTENANCE CONTRACT FOR THREE YEARS START FOR THE VEGETATION. IN ADDITION, LANDSCAPE MATERIALS MUST BE MAINTAINED Planning Commission February 22, 1990 Page 4 FOR THE LIFE OF THE DEVELOPMENT AS ORIGINALLY INSTALLED. MR KIRSOP WITHDREW HIS MOTION WITH MR. HAMILTON APPROVAL AS THE SECOND. MR. KNUDSON MOVED AND MR. CAGLE SECONDED A MOTION THAT ALL LANDSCAPING AREAS WILL BE IRRIGATED AS REQUIRED BY CODE. MOTION UNANIMOUSLY APPROVED. CONDITION #2: MR. HAMILTON MOVED AND MR. CAGLE SECONDED A MOTION THAT PUBLIC WORKS WILL APPROVE THE DRAINAGE PLAN THAT THE APPLICANT HAS PROVIDED PRIOR TO CONSTRUCTION. MOTION UNANIMOUSLY APPROVED. CONDITION #3: MR. KIRSOP MOVED AND MR. KNUDSON SECONDED A MOTION THAT THIS CONDITIONAL USE PERMIT BE SUBJECT TO REVIEW ONE YEAR AFTER ESSENTIAL COMPLETION OF THE PROJECT SO THAT A DETERMINATION CAN BE MADE WHETHER GATES OR FENCING OR BOTH MAY BE NEEDED TO CONTROL ILLEGAL ENTRY TO THE SITE. MOTION PASSED WITH KIRSOP, GOMEZ, HAGGERTON, HAMILTON AND KNUDSON VOTING YES; MR. CAGLE VOTED NO. CONDITION #4: MR. KIRSOP MOVED AND MR. HAMILTON SECONDED A MOTION TO DELETE CONDITION #4 -- STAFF RESPONSE -- AS STATED IN THE STAFF REPORT, AS LONG AS THE LANDSCAPING MEETS THE MINIMUM CODE REQUIREMENTS. MOTION UNANIMOUSLY APPROVED. CONDITION #5: MR. CAGLE MOVED AND MR. GOMEZ SECONDED A MOTION THAT THE LAND- SCAPE PLAN SHOULD BE REVISED IN THE SOUTHWEST CORNER TO DECREASE EROSION THAT IS CURRENTLY OCCURRING, BY RETAINING THE ORIGINAL LANDSCAPE PLAN WITH THE ADDITION OF EROSION - RESISTANT PLANTING ON SLOPE AND PUT IN A CURB TO PROTECT THE WALL AT THE EDGE OF THE HILLSIDE FROM DAMAGE FROM AUTOMOBILES. MOTION UNANIMOUSLY APPROVED. /MR. CAGLE MOVED AND MR. KNUDSON SECONDED A MOTION TO APPROVED THE CONDITIONS ON THE SUPPLEMENTAL MEMO REGARDING THE CONDITIONAL USE PERMIT INCLUDING ITEMS A. AND B; AND A, B, AND C (AS AMENDED) OF THE DESIGN REVIEW TO READ AS FOLLOWS: Planning Commission February 22, 1990 Page 5 CONDITIONAL USE PERMIT A. Applicant will pr landscaping to in B. Applicant will in approval date. DESIGN REVIEW MOTION UNANIMOUSLY APPROVED. COOPERATIVE PARKING AGREEMENT: ovide a 150% cash assurance for the cost of clude materials, labor and maintenance. stall improvements within six months of A. Deletion of entry point shown on plan off East Marginal Way. B. Placement of wheel stops in parking spaces adjacent to landscape areas. C. Increase effective height of new landscaping /screening so that it will be a minimum of 10 -feet high at installation. MR. HAMILTON MOVED AND MR. CAGLE SECONDED A MOTION TO APPROVE CONDITIONAL USE PERMIT 89 -3 -CUP AND DESIGN REVIEW 89 -10 -DR WITH CONDITIONS AS JUST PREVIOUSLY DETERMINED BY THE BOARD OF ARCH- ITECTURAL REVIEW. MOTION UNANIMOUSLY APPROVED. 89 -13 -DR - HOMEWOOD SUITES - Request for approval of a design review application and cooperative parking agreement for a 106 - unit extended stay hotel. Molly Headley, Assistant Planner, reviewed the staff report recommending approval with conditions. Mark Hanson, Dimension Development, Memphis, TN, the applicant for the project, further described the proposal for the Board. Discussion ensued on the proposal. MR. CAGLE MOVED AND MR. GOMEZ SECONDED A MOTION TO APPROVE THE COOPERATIVE PARKING AGREEMENT REQUEST WITH THE FOLLOWING CONDI- TIONS: 1. Applicant agrees to provide a total of 119 parking spaces. This number constitutes a maximum 8.4% reduction in the required amount of parking for this site and its intended uses. 2. Applicant agrees to restrict use of meeting areas to regist- ered guests only after 5:00 p.m. Planning Commission February 22, 1990 Page 6 3. Applicant agrees to restrict use of facilities to registered guest only at all times if documented congestion occurs on the site. 4. Applicant agrees to restrict signage advertising the meeting areas to inside the building. 5. Applicant agrees to restrict the distribution of promotional material for the subject hotel in which the meeting areas are also promoted to targeted potential demand generators and not the general public. 6. Applicant agrees to provide a parking study if need arises in the future. 7. Conditions shall travel with the facility, shall be recorded with the King County Department of Records and Elections, and may be modified only with the written permission of the City of Tukwila. MOTION PASSED WITH GOMEZ, KNUDSON, HAGGERTON, CAGLE AND KIRSOP VOTING YES AND MR. HAMILTON VOTING NO. Mr. Knudson asked to be excused. A 10- minute recess was called.. The meeting resumed at 10:30 pm. DESIGN REVIEW Molly Headley reviewed the design review portion of the request recommending approval with conditions. She asked that the record show a correction in the staff report from 114 units to the correct amount of 106 units. She distributed an addendum to the staff report which reflected additional conditions, based on shoreline requirements. Mr. Mark Hanson, applicant, further clarified the proposal adding that Condition 1(a) be corrected to reflect the inclusion of trees along the north (not west) property line. MR. HAMILTON MOVED AND MR. KIRSOP SECONDED A MOTION TO APPROVE THE DESIGN REVIEW PORTION OF THE APPLICATION 89- 12 -DR, SUBJECT TO THE RECOMMENDATIONS MADE BY STAFF, INCLUDING THE ADDITIONAL CONDITIONS IN THE ADDENDUM TO THE STAFF REPORT, DATED FEBRUARY 16, 1990. THE CONDITIONS READ AS FOLLOWS: PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE APPLICANT WILL SUBMIT THE FOLLOWING TO THE PLANNING DIRECTOR FOR APPROVAL: Planning Commission February 22, 1990 Page 7 1. A revised landscape /site plan indicating: a. The inclusion of trees along the north property line. b. The addition of trees to the landscape area on the east side of Building E -5. c. Stamped approval of landscape plan by a Washington State Landscape Architect. 2. Lighting plan for site to include placement and level of intensity produced by lights. 3. Prior to submittal of application for State Shoreline Permit the applicant will provide: a. A cross - section for every 75 feet of development along the shoreline showing: (i) Existing ground elevation (ii) Proposed ground elevations (iii) Height of proposed structures (iv) Elevations of trail /access road and dike configurations which clearly indicate eleva- tion of ground at beginning and end of development (i.e., trail /access road, paved parking area). b. Elevation prints of Buildings which show height of 35' as required by the Shoreline Program and dimensions of buildings and indicates scale of drawing. c. Statement of composition and volume of any extracted materials and proposed disposal area. MOTION UNANIMOUSLY APPROVED. 88 -7 -DR EMBASSY SUITES - Request for approval of an amendment to the site plan to eliminate 2.5 -story garage and replace with expanded surface parking on 1.9 acres to the east. Molly Headley, associate planner, reviewed the staff report for the proposal, recommending approval with conditions. John Sloan, architect for the project, represented the applicant, further described the proposal. He stated that they generally agreed with staff's recommendations. Tim Lavin, represented owners of the parcel, described the history of obtaining the site. f Planning Commission February 22, 1990 Page 8 Mr. Mike O'Donin, 1517 S.W. 16th Street, requested that permis- sion be granted for a shared directional sign (with Longacres). He was instructed to submit a sign application directly to Tukwila Department of Community Development. Robert Losey, owner of the adjacent property, Renton Auction, expressed a concern with the delay he is experiencing in obtain- ing a date of sale from the purchaser. Mr. O'Danin explained the purchase process and the legal process they must go through to obtain Mr. Losey's property and the time elements involved. MR HAMILTON MOVED AND CAGLE SECONDED A MOTION TO ACCEPT 88-7-DR EMBASSY SUITES, SUBJECT TO STAFF RECOMMENDATIONS AS FOLLOWS: 1. Prior to issuance of Building Permit: A. Provide a revised site plan to be approved by Planning Director which will provide pedestrian access: 1. Between the new SE parking area and the tower structure. 2. Between both parking areas and Longacres Way and West Valley Highway. 2. Building tilework to be installed as a previously approved. MOTION UNANIMOUSLY APPROVED. 89 - 18 - DR - HARTUNG TIMPERLINE BUILDING - Request for approval of design review application to construct an 85,000 square foot retail /industrial building with 136 parking spaces on three acres of land. Vernon Umetsu, Associate Planner, reviewed the application, recommending approval with conditions. Al Croonquist, One Union Square Building, Seattle, WA 98101, architect for the project, represented the applicant. He further clarified the project. Discussion ensued on the proposal MR. KIRSOP MOVED AND MR. CAGLE SECONDED A MOTION TO APPROVE APPLICATION 89 -18 -DR - HARTUNG- TIMPERLINE, BASED ON THE STAFF'S FINDINGS AND CONCLUSIONS; THE BLUE COLOR SELECTED FOR THE GLASS Planning Commission February 22, 1990 Page 9 USED IN THE DESIGN NOT BE A DARK BLUE; THE BOARD RECONVENE FOR AN ON -SITE SELECTION OF COLOR TO BE USED IN THE DESIGN AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. Large stature evergreen trees shall be placed at the western . corners of each building which form the center truck loading and parking corridor along the southern boundary; with dense shrubs to approximately 4 -feet in height substituting for trees at the interior islands in this area. 2. A statement that automatic irrigation for all landscape areas shall be clearly printed on the landscape plan. 3. Glare diagrams to demonstrate no light spillover shall be provided prior to issuance of a building permit. 4. All roof -top equipment must be screened with architectural . materials which are visually harmonious with building walls and proportions. MOTION UNANIMOUSLY APPROVED.• DIRECTOR'S REPORT Mr. Umetsu stated that Mark Henshaw would be giving a slide presentation at the March 8, 1990 Planning Commission meeting. It was noted that Joanne Johnson, Secretary, would be leaving the City of Tukwila on February 28, 1990. She has accepted a position with the City of Federal Way. ADJOURNMENT - The meeting was adjourned at 12:05 a.m. Respectfully Submitted, Joanne Johnson, Secretary • Notice is hereby given that the City of Tukwila Planning Commission and Board of Architectural Review will conduct a public hearing on Thursday February 22, 1990, at 8:00 p.m., in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Boulevard, to consider the following: Planning Commission Public Hearing CASE NUMBER: 89- 3-CUP; 89- 10 -DR: BECKER TRANSFER APPLICANT: Pac -Tech Engineering, Jeff Mann REQUEST: Approval of design review, applicational and conditional use permit for the development of an improved parking fadlity for employees' automobiles and semi truck trailers. LOCATION: Southwest corner of South 128th Street and East Marginal Way. CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: City of Tukwila PUBUC HEARING NOTICE Board of Architectural Review Public Hearing 89- 12 -DR: HOMEWOOD SUITES Dimitri Demopulos Architects, Inc. Approval of design review application and cooperative parking agreement for a 114-unit extended stay hotel. Lots 31 and 32 of Interurban Addition to Seattle, on the Green River north of Southcenter and east of Interurban. 88-7-DR: EMBASSY SUITES HOTEL John Sloan Amend site plan to eliminate 2.5 -story garage and replace with expanded surface parking on 1.9 acres to east. SE 1/4 of South 158th Street /West Valley Highway intersection in Sec. 24, Twn. 23N, Rge. 4E, Tukwila, WA 89- 18-DR: HARTUNG- TEMPERLINE BUILDING Alfred Croonquist, Architect Construct an 85,000 square foot retail /industrial building with 136 parking spaces on 3 acres of land. Immediately north of 17830 West Valley Highway in the NW 1/4 of Sec. 36, Twn. 23N, Rge. 4E, Tukwila, WA Persons wishing to comment on the above case may do so by written statement or by appearing at the public hearing. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: Valley Daily News - Sunday February 11 and 18,1990 Distribution: Mayor, City Clerk, Property Owners, File Notice is hereby given that the City of Tukwila Planning Commission and Board of Architectural Review will conduct a public hearing on Thursday January 25, 1990, at 8:00 p.m., in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Boulevard, to consider the following: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: City of Tukwila PUBLIC HEARING NOTICE 89 -8 -DR: CRYSTAL SPRINGS PARK PHASE TWO City of Tukwila Parks Department Approval of design review and parking requirements for development of Phase II of an existing City park. North of 160th Street and west of 51st Avenue South; east of private roadway, south of Gilmour Street 89- 3-CUP; 89- 10 -DR: BECKER TRANSFER Pac -Tech Engineering, Jeff Mann Approval of design review application and conditional use permit for the development of an improved parking facility for employees and semi -truck trailers. Southwest corner of South 128th Street and East Marginal Way 89 -4 -R: MIAMI REZONE Robert H. Schofield Rezone 75,970 square feet of propertyh from R -1 -7.2 (single - family residential) to C -2 (regional commercial) 16813 Southcenter Parkway 88 -1 -SUB: BRIGADOON RIDGE /TUKWILA JUNCTION EMS, Inc. Preliminary plat approval of 17 -lot subdivision. 14915 - 57th Avenue South 89- 12 -DR: HOMEWOOD SUITES Dimitri Demopulos Architects, Inc. Approval of design review application and cooperative parking agreement for a 114 -unit extended stay hotel. Lots 31 and 32 of Interurban addition to Seattle, on the Green River north of Southcenter and east of Interurban Persons wishing to comment on the above case may do so by written statement or by appearing at the public hearing. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: Valley Daily News - Sunday January 14, 1990 Distribution: Mayor, City Clerk, Property Owners, File PAC-TECH �� —' Engineers / Planners / Surveyors City of Tukwila 622 Southcenter. Boulevard Tukwila, WA 98188 January 24, 1990 • Job #50322. Attention: Molly Headly Reference: Becker Transfer: Conditional Use Permit and Design Review Dear. Molly: As per our telephone conversation I am forwarding this letter to request a continuance of our. Public Hearing before the City of Tukwila Planning Commission on January 25, 1990. I find it necessary to request this continuance due to another Public Hearing I have scheduled at that time. I feel it would be appropriate for me to be at the Becker Transfer hearing based on my involvement in all of the previous meetings and hearings that have been held. I have also contacted Mr Ed Becker. He is in agreement with the continuance and is looking forward to a resolution of this application as soon as possible. T would request that you set this matter for hearing at the next possible planning commission hearing. Thank you for your consideration of this matter.. Please give me a call if there are anv questions with regard to this request. Sincerely, Jeffrey D. Mann Planning Director King County Office JDM /Pc 6100 Soulhcenter Blvd. - Suite 100 WA 98188 / 243 -7112 2601 South 35th - Suite 200 / Tacoma, WA 98409 / 473 -4491 / FAX 474 -5871 3721 Kitsap Way - Suite 4 / Bremerton. WA 98312 / 377 -2053 City of 1 ukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 Gary L. VanDusen, Mayor MEMORANDUM TO: Planning Commission Members FROM: Department of Community Development DATE: January 18, 1990 SUBJECT: Becker Transfer Trucking Supplement to Staff Report dated December 7, 1989 This project was originally presented to the Planning Commission December 14, 1989 (Attachment A). The Commission was asked to approve a Conditional Use Permit for the use of the stated property as a parking lot for employee automobiles and truck trailers. In conjunction with the above request, a design review approval was also required due to the proximity of the site to residential development. Staff recommended approval with conditions as stated in the Staff Report. The Planning Commission did approve the applications with conditions; however, due to a procedural error in posting notice, it was necessary to reschedule the hearing. During the public hearing, many issues of concern were voiced by citizens in the neighborhood. Based on additional research at King County (Attachment B and C) and comments received as a result of a meeting with the applicant and citizens on January 9, 1990, staff believes that the major issues have been identified. This memo will outline those issues and propose conditions of approval which will mitigate their concerns. CONDITIONAL USE PERMIT RELATED CONCERNS 1. Citizen Concern: The concern is that the use of the site will not be restricted to parking only. Staff Response: The Conditional Use Permit states that the applicant is requesting use of the site for parking only and that would be the only use approved by the Planning Commission. If applicant does not comply, the Permit would be rescinded. Planning CommisS) n Members Page 2 2. Citizen Concern: The hours of operation on the site should be restricted to normal working hours. Staff Response: Staff recommends a condition be placed on this property which will restrict work hours. 3. Citizen Concern: The concern is that the approved improvements will be in place expeditiously. Staff Response: A previous condition approved by the Planning Commission stated that applicant must make improvements within six months of approval date. DESIGN REVIEW RELATED, CONCERNS 1. Citizen Concern: The concern is that the landscaping will be incorrectly irrigated or not at all. Staff Response: The applicant is required by code to provide an irrigation system for all landscaped areas or a maintenance contract for 3 years which will ensure a good start for the vegetation. In addition, the code states that all landscape materials must be maintained for the life of the development as originally installed. 2. Citizen Concern: The storm drainage system at the current time is inadequate. The storm drainage system needs to be improved to ensure that there will not be flooding during rain storms of S. 128th St and the East Marginal Way intersection. Staff Response: Public works department has requested that applicant provide a storm drainage plan for their approval prior to construction. 3. Citizen Concern: The concern is that the lot will be used for inappropriate activities after hours. Staff Response: A gate and /or fence could address this concern. 4. Citizen Concern: Landscaping along East Marginal Way should be enhanced with a denser plant layer through the addition of trees and shrubs. Staff Response: Staff recommends enhancement by increasing the number of plants, berming and the addition of ground cover. Planning Commissi n Members Page 3 5. Applicant Concern: Amount of landscaping area that is located in the Southwest corner will be ineffective due to topography of site in that location (steep, heavily vegetated slope). Staff Response: • The landscape in the Southwest corner area extending approximately 20 feet to the east could be reduced without a negative impact on the project. This would result in the reduction of 15 trees which could be added to East Marginal Way. RECOMMENDATION In light of the information from King County and the meeting with the applicants and concerned citizens, staff recommends approval of the Conditional Use Permit Application with the following conditions: 1. Use of site will be confined to parking of employee automobiles and truck trailers. 2. Hours of operation of the site will be confined to normal working hours (7:00 a.m. to 10:00 p.m.). 3; Site improvements will be completed within six months of approval date. (July 25,1990) Staff recommends approval of the Design Review application with the following conditions: 1. The landscaped area shall be irrigated or there shall be a three -year maintenance agreement with a landscape maintenance firm for watering the landscaping. 2. Drainage system for the site will be upgraded per Tukwila Public Works approval to correct flooding of South 128th Street from surface runoff of the site. 3. Applicant will revise site plan to provide locking gates at entry to site. 4. Revise landscape plan to enhance planting along East Marginal Way to provide a dense screen similar to other property lines. Planning Commission Members Page 4 L , :` 5. Revise landscape plan to relocate approximately 15 trees from Southwest corner of lot to East Marginal Way street frontage. Shrub Screening will remain the same. ATTACHMENTS: A. Staff Report dated December 7, 1989 B. Hearing Examiners Minutes for Case #261 -78- R(King Co. Records) C. Hearing Examiners minutes for File # 228 -79 -R D. Citizen Petition 01/18/90 SUBJECT: Page Page Page Page Exhibit No. SUMMARY OF RECOMMENDATIONS: Division's preliminary: Division's final: Examiner: Ms. Powers offered the Approve CG -P Approve CG -P Approve CG -P (modified) . following exhibits: in in in August 1Q, 1978 OFFICE OF THE ZONING AND SUBDIVISION EXAMINER KING COUNTY, WASHINGTON REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL. • Building and Land Development File No. Proposed Ordinance No. 78 -568 J. R. CATRON S-R and S -R (Potential C -G) to M -L Three acres lying on the southwest corner South 128th Street and East Marginal Way South. : part, part, part, subject to subject to subject to PRELIMINLRY REPORT: PUBLIC HEARING: The hearing on A.M., July 27, 1978. The Examiner explained procedures for the benefit of the participants. Ms. Powers, Building and Land Development, made the following changes to their preliminary report: The Building and Land Development preliminary report on Item 261 -78 -R was received by the Examiner on July 20, 1978. After reviewing the Building and Land Development report, examining available information on file with the application and visiting the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: Item 261 -78 -R was opened by the Deputy Examiner at 10:10 1, Item D -4, King County Division of Planning: Memo dated July 5, 1978 making recommendations. 1,. Item D -1, King County Division of Traffic dated July 6, 1978 requesting additional right -of -way. 2, add Item D -15: Washington State Department of Transportation dated July 10, 1978 indicating no interest. 2, add Item D -16: Letter from Mr. and Mrs. Richard Barnhardt dated July 21, 1978. 1 - Preliminary report dated July 27, 1978. BECKER TRANSFER ATTACHMENT B MASTER COPY 261 -78 -R of conditions. conditions. conditions Exhibit No.' 2 - Application dated March 23, 1978. Exhibit No. 3 - Environmental Checklist dated March 23, 1978. Exhibit No. 4 - Declaration of Non - significance dated June 16, 1978. Exhibit No. 5 - Assessor map of the NW of Section 15 -23 -4 showing subject property outlined in red. Exhibit No. 6 - Land Use Sheet 324 W (to be retained in the Division's permanent working files). Exhibit No. 7 - Two sheets of plans; 7 -1: Site plan; 7 -2: Drainage plan. Exhibit No. 8 - Large copy of the Highline Community Plan Map (to be retained in the Division's permanent working files). Mr. Marbett, Building and Land Development, made the following modification to the Division's preliminary report: Page 4, Item K -1 should read: "The Highline Community Plan Map which was adopted as part of the Highline Community Plan under Ordinance No. 3530 on December 19, 1977, has the easterly 370' of the subject property shown as general commercial area and the remainder as single family. The area north of South 126th Street and east of East Marginal Way is the area proposed for expansion of the light manufacturing zone." The Examiner directed questions to Mr. Marbett. Speaking in support were: J. Ray Catron, applicant 3717 South 128th Seattle, Washington 98168 Edwin J. Becker Becker Transfer Company 16828 S.E. 28th Bellevue, Washington 98008 The Examiner directed questions to Mr. Becker. Mr. Marbett also • responded. Also speaking in support was: Phil Hemmingway 4036 South 128th Street Seattle, Washington Mr. Becker made additional comments. Speaking in opposition were: Ruth Burnhardt 3704 South 126th Seattle, Washington 261 -78 -R Page 2 Beverly Nicholson 3810 South 130th Street Seattle, Washington Ms. Nicholson offered the following exhibit: Exhibit No. 9 - Set of 35 letters in opposition. The hearing on this matter was recessed at 10:53 A.M., and reconvened at 11:05 A.M., July 27, 1978. Also speaking in opposition were: • FINDINGS: Mr. Halasz 12633 - 35th Avenue Seattle, Washington Sharon Burnhardt 3418 South 126th Seattle, Washington South 98168 Ms. Burnhardt offered the following exhibit: Exhibit No. 10 - Two letters of opposition from Mrs. F. Bernhardt and Mr. Robert J. Bernhardt respectively. All proponents and opponents having given their presentation, the participants responded with cross - examination and rebuttal. Building and Land Development's final recommendation was to approve CG -P in lieu of M -L for the easterly 264 feet of the subject property subject to conditions as stated in their preliminary report. The hearing on Item 261 -78 -R was closed by the Deputy Examiner at 11:38 A.M., July 27, 1978. FINDINGS, CONCLUSIONS & RECOMMENDATIONS : Having reviewed the record in this matter, the Examiner now makes and enters the following: 1. General Information: Location: Lying on the southwest corner of South 128th Street and east of Marginal Way South Existing Zone: S -R and S -R (Potential C -G) Requested Zone: M -L STR: 15 -23 -4 Size: 3 acres Water District: 38 Sewer District: Val Vue Fire District: #18 School District: #406 261 -78 -R Page 3 261 -78 -R Page 4 2. Approval of this application will constitute a "major action" under the provisions of R.C.W. 43.21C and W.A.C. 197 -10. The applicant submitted an environmental checklist with the . application. After reviewing the environmental checklist, the Manager of the Building and Land Development Division made a threshold determination that approval of this application will not have a significant adverse impact upon the quality of the environment and that an environmental impact statement is not required. The Building and Land Development Division transmitted a proposed declaration of non - significance to other agencies with jurisdiction on June 16, 1978. After the elapse of fifteen days following the transmittal and after reviewing comments submitted by agencies with jurisdiction and by other parties, the Manager of the Building and Land Development Division adopted the proposed declaration as a final declaration of non - significance. At the public hearing on this application a representative of the Building and Land Development Division reported that having considered the comments and testimony by agencies with jurisdiction and by other parties, having visited the subject property, and having evaluated the natural, physical and social systems related to this application, the Building and Land Development Division reaffirms its determination that approval of this application will not have a significant adverse impact on the quality of the environment and an environmental impact statement is not required. 3. The purpose of the request is to allow parking for employees of the adjacent transfer and storage company in the easterly one -third of the property and parking for transfer trucks and trailers in the central portion. The most westerly portion is intended to be leased or sold for other light manufacturing purposes. 4. The subject property was zoned SR and SR (Potential CG) at the time of the Highline Area Zoning Study, adopted by Resolution No. 34529 on December 11, 1967. Prior to that time the zoning on the subject property was R7.2 (Residential Single Family District). There is no indication in the record that a more intensive zoning classification than the above was requested or considered during the 1965 area zoning. 5. The property directly north, across 128th Street from the westerly 400 feet of the property, was reclassified ML subject to screening conditions in 1977 (249- 74 -P). This property, which is occupied by the intended lessee or purchaser of portions of the subject property (the Becker Transfer Co.), has placed about 510 trees and shrubs in the required peripheral screening of that site. The owner of this firm advised that the company has experienced considerable growth the past years and is seeking additional employee and truck parking space. The present parking area is fully occupied by both, and employees are parking .on the surrounding streets. ML permits both types of parking, but CG would limit the expansion to employee parking lots. 6. The applicant asserted that industrial expansion in the immediate area is inevitable because of the proximity of industry to the north and the ready access to new freeway and industrial expressway routes. 7. Opponents who filed letters or testified at the hearing are seeking to preserve an existing residential area to the south and west of the site. Testimony indicated that many young families with elementary age children live in the area and attend a nearby school. They are concerned about the truck traffic and the gradual erosion of the line of demarcation between residence and industry. CONCLUSIONS: 261 -78 -R Page 5 8. The Highline Communities Plan indicates general commercial for the easterly 370 feet more or less of the property and residential for the westerly 160 feet more or less. This designation corresponds with the existing potential zoning on the property. Ordinance 3747 requires, during the interval between Community Plan adoption and Area Zoning adoptiog that reclassification requests in the Highline Area be judged by the Community Plan. The Highline Area Zoning has not been adopted as yet. 9. The application for ML is opposed by the Cities of Seattle and Tukwila. 1. Based upon the whole record and according substantial weight to the determination of environmental significance made by the Division of Building and Land Development, it is concluded that approval of the subject action as recommended below, would not significantly affect the quality of the environment. All evidence of environmental impact relating to the proposed action and reasonable alternatives to the proposed action have been included in the review and consideration of the subject action. 2. The request for ML is inconsistent with the Highline Communities Plan and would have an unreasonable impact on an existing residential community. 3. The reclassification to CG -P with certain limitations and conditions would carry out the Highline Communities Plan and would be consistent with the intent of the 1965 area zoning. 4. Screening, landscaping and restoration of graded land outside of the potential CG property is essential in order to establish a more definite and defensible line of demarcation between residential and non- residential uses. RECOMMENDATION: Approve CG -P in lieu of ML for the eastern 264' of the subject property subject to the following post- ordinance conditions: 1. A plot plan to be approved by the Division of Building and Land Development showing circulation, access and parking layout. 2. A landscape plan showing a minimum landscape strip of 20' along the west and south property lines and 10' along South 128th Street as required by the adopted Highline Plan (page 35)(e). 3. A bond, the amount to be determined at the time of the plat plan submittal to insure the installation of the approved landscaping. 4. A plan for the restoration of ground cover in the westerly third of the subject property and, where feasible, on the cut slopes of the south and west boundaries of the applicant's ownership. ORDERED TIIIS 10th day of August, 1978. • w Robert A. Eveleigh DEPUTY ZONING AND SUBDIVISION EXAMINE . 30 31 • �iJanuary 11, 1979 A.PE( f:3 I96 -1- 061-16 Introduced by: Proposed OrdinanZ'g .. 8 2 3 4 5 ORDINANCE NO. 4046 6 AN ORDINANCE amending King County Zoning Resolution No. 25789, as amended, by amending the Zoning Map 7 thereof reclassifying certain property thereof at the request of J. R. Catron, Building and Land 8 Development Division Pile No. 261 -78 -R. 9 BE IT OFDAINED BY THE COUNCIL OF KING COUNTY: 10 SECTION 1. J. R. Catron petitioned on March 23, 1978, that 11 the property described in Section 3 below be reclassified from SR 12 and SR (Potential CG) to ML and this application was assigned 13 Building and Land Development Division File No. 261 -78 -R. 14 SECTION 2. The report and recommendation of the Building and 15 Land Development Division was transmitted to the Zoning and Sub - 16 division Examiner on July 20, 1978, and hearing was held by the 17 Examiner on the matter July 27, 1978. The report of the Examiner 18 was filed with the Clerk of the King County Council on August 25, 19 1978, and the Council approved the reclassification by Motion No. 20 03796 on October 23, 1978, subject to conditions which will be 21 satisfied per the "P" suffix. 22 SECTION 3. The legal description of the property to be re -•. 22 classified is attached as Appendix A and is hereby made a part of 24 this ordinance. The above described property is shown on the at- 25 Cached map which is designated Appendix B and is hereby made a part 26 of this ordinance. 27 SECTION 4. The King County Council does hereby amend King 28 County Zoning Code, Resolution No. 25789, as amended, by reclassi- 28 fying that property described and shown in Section 3, Appendices A OVERALL LEGAL DESCRIPTION: FILE NO. 261 -78 -R APPENDIX -A The east 264 feet± of the following described: Tracts 1 to 10 inclusive, except the west 20 feet of Tracts 3 and 4, and Tracts 14 to 24 inclusive, vacated Essico Addition to Riverton, according to plat recorded in Volume 33 of Plats, Page 49, in King County, Washington; • TOGETHER with the vacated 30 foot street between lots 1 and 22 lying south of the south margin of South 128th Street, EXCEPT that portion of the south half of vacated Riverton Place abutting and adjoining vacated lots 11 and 13 of said plat. Less County roads. * TRACY J. OWEN, Dust. No. 1 ROBERT B. DUNN, Dust. No. 2 BILL REAMS, Dist. No. 3 BERNICE STERN, Dist. No. 4 RUBY CHOW, Dist. No. 5 MIKE LOWRY, Dist. No. 6 PAUL BARDEN, Dist. No. 7 BOB GREIVE, Dist. No. 8 DAVE MOONEY, Dist. No. 9 King Couiity Council Bruce C. Laing Zoning & Subdivision Exarniner Room 403, K%ny County Courthouse Seattle, Washington 98104 344-3460 . October 27, 1978 NOTICE OF ACTION 13Y THE KING COUNTY COUNCIL ON RECOMMENDATIONS OF TEIE ZONING AND SUBDIVISION EXAMINER RE: Building and Land Development File No. 261 -78 -R Proposed Ordinance No. 78 -568 J. R. CATRON; SR & SR (Potential CG) to MI*i On October 23 , 1978 the Council passed approving the above - referenced application. EJ On , 19 the Council passed Motion No. 3796 Motion No. denying the above - referenced application. On , 19 the Council passed Motion No. concurring in the recommendations of the Zoning and Subdivision Examiner on the above- referenced item. The Council will not take final action on the ordinance until the applicant has presented to the Building and Land Development Division, Room 450 King County Administration Building, evidence showing satisfaction of the conditions contained in the Examiner's report, which was previously transmitted to parties of record. If the conditions have not been satisfied by , 19 , the Building and Land Development Division will take action to close the file on the application. BCL /jk Bice C: `Laing ZONING AND SUBDIVISION EX NER cc: Parties of Record Building and Land Development Division he Council concurred with the Examiner's_ recommendation to a rove G -P for a portion of the aroptrrty,,,,, sub,J,ect to _conditions. February ( 985 INT "ODUCED BY: GARY Wirt PROPED ORDINANCE NO. 79 -240 ORDINANCE NO. . L 1 AN " amending King County Title . 21,. as amended, by amending the Zoning Map, thereof reclassifying certain property thereon at the request of Edwin J. Becker. Building and Land Development Division File No. 228 -79 -R BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Edwin J. Becker petitioned on January 23, 1979, the the property described in section 3 below be reclassified from M -L (PUD) to ML -P, and this application was assigned building and land development division file no. 228 -79 -R. SECTION 2 The report and recommendation of the building and land development division was transmitted to the zoning and subdivision examiner on March 15, 1979 and May 1, 1979, and hearing was held by the examiner on March 22, 1979 and May 8, 1979. The report of the examiner was filed with the clerk of the King County council on June 4, 1979, and the council approved the reclassification by Motion no. 4301 on June 11, 1979, subject to conditions which have now been satisfied. SECTION 3. The legal description of the property to be reclassified is attached as Appendix A, and is hereby made a part of this ordinance. The above described property is shown on the attached map, which is designated Appendix B. and is hereby made a part of this ordinance. SECTION 4. The King County council does hereby amend King County Council Title 21, as amended,' by reclassifying that property described and shown in section 3. Appendices A and B above, to ML -P, and directs the area map W 10 -23 -4 be modified to so designate. SECTION 5. This reclassification is granted subject to conditions adopted in Motion no. 4301, and said conditions BECKER TRANSFER ATTACHMENT C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 ATTEST: PASSED this • day rk of t e ounc i I are incorporated herein as though fully set forth herein. INTRODUCED AND READ for the first time this 20 day 1979 9tka.A4 KING COUNTY COUNCIL KING COUNTY, WASHINGTON APPROVED this 2S" day of fr 1985. SUBJECT: Division's Division's Examiner: PRELIMINARY REPORT.: PUBLIC HEARING: Exhibit No. Exhibit No. Exhibit No. Exhibit No. 4: Exhibit No. 5: Exhibit No. 6: REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL. SUMMARY OF RECOMMENDATIONS: Ms. Powers, Building and EDWIN J. BECKER ML (PUD) to ML -P preliminary: Approve ML -P, in lieu tions. final: Approve ML -P, in lieu tions (modified) . Approve ML -P, in lieu tions.(modified). Rte May 18, 1979 OFFICE OF THE ZONING AND SUBDIVISION EXAMINER KING COUNTY, WASHINGTON Building and Land Development File No. Proposed Ordinance No. 79 -240 of ML, of ML, of ML, subject subject subject Assessor map of the SW1/4 of Section 10 -23 -4 showing subject property outlined in red. 228 -79 -R 2.1 acres lying at the southwest corner of East Marginal Way South and South 128th Street. The Building and Land Development preliminary report on Item 228 -79 -R was received by the Examiner on March 15, and May 1, 1979. to condi- to condi- to condi- After reviewing the Building and Land Development report, examining available information on file with the application and visiting the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing on Item 228 -79 -R was opened by the Deputy Examiner at 2:40 P.M. March 22, 1979. Land Development, offered the following exhibit: 1: Application dated January 23, 1979. 2: Environmental Checklist dated January 23, 1979. 3: Declaration of Non - Significance dated February 21 1979. Building and Land Development's preliminary repor dated March 22, 1979. Two Land Use Sheets marked: 6 -1: 315W 6 -2: 324W (to be retained in the Division's permanent works files). Correspondence contained in the Division's final but not referenced in their preliminary report was as follows: Page 2, Item D -14, Washington State Department of Transportation: Response dated March 7, 1979 stating no comment ". page 2, Item D -8, City of Tukwila Planning Department: Response dated March 8, 1979. Page 1, Item D -1, King County Division of Traffic and Planning: Response dated March 13, 1979 stating "no comment ". Page 1, Item D -7, King County Division of Planning: Response dated March 14, 1979. Letter dated March 10, 1979 from Mrs. Donald Nicholson stating opposi- tion. Letter dated March 17, 1979 from G. S. Delihunt stating opposition. Letter dated March 19, 1979 from Mrs. Douglas Perrine stating opposition. Letter dated March 20, 1979 from Mr. and Mrs. Richard B. Bernhard stating opposition. The Examiner made comments for the benefit of the participants. All parties wishing to testify were affirmed by the Examiner. Speaking in support was: EDWIN J. BECKER, applicant 12677 East Marginal Way South Seattle, Washington 98168 The Examiner directed questions to Mr. Becker. Mr. Marbett, Building and Land Development, made comments at this time. Mr. Becker continued with his presentation. Mr. Becker offered the following exhibit: Exhibit No. 7: Set of building plans proposed for subject propert; Discussion took place among Mr. Becker, the Examiner and Mr. Marbett. Also speaking in support were: PHILLIP HEMENWAY 4036 South 128th Seattle, Washington 98168 RAY CATRON 3717 South 128th Seattle, Washington 98168 Speaking in opposition was: SHARON BERNHARDT 3418 South 126th Seattle, Washington 98168 Ms. Bernhardt offered the following exhibits: Exhibit No. 8: Set of five photographs. Exhibit No. 9: Set of 24 letters of opposition from residents of subject property. Ms. Bernhardt continued with her presentation. Also speaking in opposition were: BEVERLY NICHOLSON 3810 South 130th Seattle, Washington 98168 228 -79 -R Page 2 BRIAN KENNEDY 12802 - 37th Avenue South Seattle, Washington 98168 SHARON MANN 3404 South 126th Seattle, Washington 98168 Cross - examination and rebuttal continued. EDWIN J. BECKER, applicant 12677 East Marginal Way South Seattle, Washington 98168 RUTH BERNHARDT 12527 - 35th Avenue South Seattle, Washington 98168 All proponents and opponents having given their presentations, the participants responded with cross - examination and rebuttal. A continuance date was discussed by the participants. 228 -79 -R Page 3 At 4:20 P.M., March 22, 1979 this matter was continued by the Deputy Examiner to 9:00 A.M., May 8, 1979 in Room 854 of the King County Administration Buidling. * * * * * * * * * * * The hearing on Item 228 -79 -R was reopened by the Deputy Examiner at 9:15 A.M May 8, 1979. Ms. Powers, Building and Land Development, offered the following exhibits: Exhibit No. 10: Addendum Building and Land Development report dated May 8, 1979. Exhibit No. 11: Site plan submitted April 9, 1979 by the applicant. Mr. Marbett, Building and Land Development, summarized the background of this application. Speaking in support was: Mr. Marbett and Mr. Becker held discussion at this time. Mr. Becker continued. Speaking in opposition were: SHARON BERNHARDT RUTH BERNHARDT Mr. Marbett and the Examiner addressed questions to Mrs. Ruth Bernhardt. All proponents and opponents having given their presentations, the participants responded with cross - examination and rebuttal. Discussion continued among the participants. Mr. Marbett modified the addendum Building and Land Development report dated May 8, 1979 (Exhibit No. 10) as follows: Pre - ordinance Condition on Page 3 to read as follows: "The applicant shall fulfill the necessary requirements to receive site plan approval on the property to the south (File No. 261 -78 -R) or submit a cash bond of $5000 with the stipulation that the post ordinance condition be satisfied within'six months of Council approval of File No. 228- 79 -R." 228 -79 -R Page 4 Mr. Marbett stated that his final recommendation was to approve as stated in their addendum preliminary report dated May 8, 1979 with the following additional conditions and the modifications stated above: Condition No. 5: "The truck fleet shall be limited•to a combination of 96 vehicles that would include vans or trucks, tractors and trailers." Condition No. 6: "Repair of any vehicles on the premises not to be after 10:00 P.M. or to be contained within an entirely enclosed building." The hearing on Item 228 -79 -R was closed by the Deputy Examiner at 10:25 A.M., May 8, 1979. FINDINGS, CONCLUSIONS AND RECOMMENDATION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. General Information: Location: Lying on the northwest corner of East Marginal Way South & South 128th Street. Existing Zone: ML (PUD) Requested Zone: ML -P STR: W10 -23 -4 Size: 2.1 acres Water District: #125 Sewer District: Val Vue Fire District: #18 School District: South Central 2. Approval of this application will constitute a "major action" under the provisions of R.C.W. 43.21C and W.A.C. 197 -10. The applicant submitted an environmental checklist with the application. After reviewing the environmental checklist, the Manager of the Building and Land Development Division made a threshold determination that approval of this application will not have a significant adverse impact upon the quality of the environment and that an environmental impact statement is not required. The Building and Land Development Division transmitted a proposed declaration of non - significance to other agencies with jurisdiction on February 21, 1979. After the elapse of fifteen days following the transmittal and after reviewing comments submitted by agencies with jurisdiction and by other parties, the Manager of the Building and Land Development Division adopted the proposed declaration as a final declaration of non - significance. At the public hearing on this application a representative of the Building and Land Development Division reported that having considered the comments and testimony by agencies with jurisdiction and by other parties, having visited the subject property, and having evaluated the natural, physical and social systems related to this application, the Building and Land Development Division reaffirms its determination that approval of this application will not have a significant adverse impact on the quality of the environment and an environmental impact statement is not required. 3. The subject property was zoned ML subject to a planned unit development (File No. 200 -74 -R) in 1974. Final planned unit development approval was given in 3375 (File No. 249 -74 -P) and later revised in 1977. This request would change the zone classification of the subject property from ML (PUD) to ML -P in order to expand a building beyond the limitations placed on the subject property through the Planned Unit Development procedure. 228 -79 -R Page 5 4. The Highline Community Plan, adopted by the King County Council in December 1977 shows the subject property as "industry" and prescribes specific landscaping standards for industrial property. The property to the south (File No. 261- 78- R /Ra�Catron) was approved to CG -P subject to site plan approval. The applicant is currently using this property for employee parking but has not yet received site plan approval. The public hearing on this matter had been continued in order to allow time for the applicant to prepare a site plan and for the Traffic Division' to complete a traffic study relating to the capacity of East Marginal Way in the vicinity of the site. 7. The site plan submitted by the applicant shows the proposed building expansion (40'X69.6') and parking for 34 vans and 31 sem: trailers. The plan also shows a new entrance near the southwest corner to accommodate the addition to the building. 8. The Traffic Division concluded that: "...the subject route is capable of handling the existing traffic and any future traffic volumes using this arterial. We recommend against any restrictio to use of'this route going south from the light industrial area. A restriction of this type could cause undue congestion at the intersection of East Marginal Way and Interurban Avenue South." 9. Representatives of the Riverton community attended the hearings and requested that the County place conditions on the site plan and operation of the facility that will protect existing residential areas and provide a workable boundary between residenc and industrial expansion in the area. 10. The Building and Land Development Division proposed specific lima tions on the number of vehicles to be utilized at the site and the hours of outdoor maintenance and repair work. The applicant advised that his present business operation depend: on all -night truck maintenance work on the site. The additional facility is designed to support off - loading and transfer of good: from long -haul to short -haul vehicles. CONCLUSIONS: 1. Based upon the whole record, and according substantial weight to the determination of environmental significance made by the Division of Building and Land Development, it is concluded that approval of the subject action as recommended below, would not constitute a major action significantly affecting the quality of the environment. All evidence of environmental impact relating to the proposed action and reasonable alternatives to the proposed action have been included in the review and consideration of the subject action. 2. Industrial use of the property is supported by the Highline Community Plan, which also provides for adequate screening and landscaping. 3. The location of the property at the boundary of industrial and residential areas requires conditions of approval which go beyor typical industrial property requirements. RECOMMENDATION: Approve ML -P in lieu of ML subject to the following conditions: Pre- ordinance condition: 0 / . ) The applicant shall fulfill the necessary requirements to receive site plan approval on the property to the south (File No. 261 -78 -R) or shall submit a cash bond of $5000 to insu4e that post - ordinance 0 ;o ndition 3 of File No. 261 -78 -R are sati fied within sitl_(6) ntof the approval of this case (File No._ 228- :79 -R) J Post- ordinance conditions: 1. The applicant shall supplement the existing landscaping to meet the requirements of the Highline Plan. a. Type II landscaping along the south property line as far west as the proposed entrance. b. Type III landsacping for the remainder of the south property line and the north and west property lines. c. Planting along the east is sufficient but shall not be decreased. 2. Expansion of the building shall be limited to the proposed expansion (40'X69.6'). 3. No additional building(s) shall be allowed on the site. 4. A cash bond may be required at the time of the building permit for insurance of landscaping. '`5. The truck fleet on the site to be limited to a combination of 96 units - a unit being defined as a van, a tractor or a trailer (a combination tractor and trailer equals two units). 6. The noise levels emanating from maintenance and repair of vehicles between the hours of 10:00 P.M. and 7:00 A.M. shall be limited as set forth in Section 12.88 of the King County Code. A violation of the provisions of that section shall be considered a violation of the conditions of approval of this application. Exemptions allowed by Section 12.94 for industrial districts shall not apply to the subject property while operating under the conditions of this reclassification approval. ORDERED THIS 18th day of May, 1979. Edwin J. Becker Phillip Hemenway Ray Catron Sharon Bernardt Beverly Nicholson Brian Kennedy Sharon Mann Ruth Bernhardt Luci Reimann James L. Stretch Brudette & Coleen Anderson Shirley M. Robinson Bernice Ross Rhoada E. Cook Mrs. Harriet Norman 228 -79 -R Page 6 Robert A. Eveleigh DEPUTY ZONING & SUBDIVISION EXAMINER TRANSMITTED this 18th day of May, 1979 by certified mail to the parties of record: To: DATE: RE: Tukwila Planning Commission 17 January 1990 . Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR RECEIVED CITY OF TUI:WILA JAN 1 8 1990 PERMIT CENTER In considering the request by Becker Transfer for a conditional use permit allowing parking of tractors and trailers in addition to the parking of employee vehicles which is presently allowed, interested residents respectfully bring the following areas of concern to your attention: 1. Traffic hazard involved in trucks exiting onto E. Marginal Way from S. 128th, due to the dangerous blind curve which obstructs the view south of S. 126th St. A 45' -48' truck pulling out onto E. Marginal Way from S. 128th St. would not be visible in time for through traffic to stop. The radius of turn for a large truck could present an impediment for both south and northbound traffic. The volume of traffic generated by Metro, Boeing and the Bank Computer Center among others demands further scrutiny. 2. Problems of surface water management emanating from the subject property. The problem of the flooding of S. .128th St. was created when the swamp, which is now the subject property, was filled and graded to become a parking lot. Waterflow generated from springs on the subject property has never been properly channeled. S. 128th St. readily becomes a lake which prevents its use in the area between Mr. Becker's north and south properties, with the lake extending westerly depending on the amount of rainfall. 3. The landscape design has provided a minimal plan for screening of the proposed truck terminal and storage yard. Residents would like to see a living wall of vegetation as required in 1979. The design totally neglects the vital provisions for maintenance of the landscaping materials to ensure their survival and optimum growth. A sprinkler system should be a minimum requirement and the employment of a qualified, approved, bonded landscape architect should be mandatory. A bond at maximum % should also be required of Mr. Becker. Landscape island requirements within the parking area need to be consistent with City requirements in Southcenter and elsewhere in Tukwila. An intrusion of this magnitude into a residential community needs to contribute not detract. 4. Threat to neighborhoo4 security of an unfenced, visually screened, accessible parking area needs to be addressed. There is already a potential for liability from unauthorized use of the subject property. The subject property needs a security fence with gates which are locked after work hours (between 10 :00 pm and 6:00 am and on weekends). A fence which is placed inside the landscaping will serve an aesthetic purpose as well as reduce fencing costs for Mr. Becker. BECKER TRANSFER ATTACHMENT D 6 TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature o no Address 1 / 7 53 5 A:20-72-7-/--kg-71 TO: DATE: RE: Respectfully submitted, /2•;.„) �1 A Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The quali of pavinq of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line oL demarcation between ipdustrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Signature Address V.. , .d't /19 425 IS9 St L4.ZvP emtE 9x/31 , ) %Y�3 (PA, r . I379 z -yZ '/ Se) /ven4 /1 Vr /s" s; , 89 TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR Signature Address /rli2?�, X /1 2 ) ,/3979 / /o?,r10' /WE- 5C TO: DATE: RE: 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89-3-CU Design Review 89 -10 -DR C i • )e*A- (: 0) ./ 1t,‘-,, -c h a-ft* &/) 74f/8 I2 /0?630- 3V (ZO <9 y1/ fr `r.. IJZ; 1 1 1 ti /V ,/ 2 V 77 Of' 9 -T/g /asp 7 A ✓ , TO: DATE: RE: 5. The quality of pavinq of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR � . , t / t L_ • • m . C4 a iz.,Z1- `' qM3 k (' ,n4s • fir) ` \A Lt L i( . u- curkk_ 131J.Lifuit .l°MJ' 1325g 41",? - ,VJC . LA/CV - 6-12y, 5� 5'7 ed,, 1.3t,?5 7 `r a , sn CI (1 ra,lr= - Yh l TO: DATE: RE: 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89-3-CU Design Review 89 -10 -DR Address y,„2a Cam,' at-e .S . FP(bc u /2V) t: YA4 (. Lt-)2>i �' /3O 3/ .3 • �u�� 074: TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The Quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address ei , ‘ 411/ /3.71 7 3s S c, .4ue. /3a17- 3gt 11yti°- so . giehke_So acv .. /3v/ /.3OI 7 i `7 < /9-‘,4F ,` , ''wick CAO W6? 3 0 1 .,d. U,p /3 7- ,6`` a/7)J. - -7 74 . ( 11 Az 7j�Z1 r5 1 5 % ,552R / 5 /30 01 )&D;3 3'l vr. r To: DATE: RE: 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address 9b3 1e.2g 1 x `61 yV16 GliN 1-4) ._50 12eka E, Nte � te 5. X 1 0 94- Io- /c9 37 / 1L- 371 5 lager IIco 3 7th 5, ) Z 3 S' 37 42 ' 5 1319/7 '1r 1✓f 5. 1 v.? 44.5, TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR Dear. CITY OF TUKWILA 6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188 PHONE # (206) 433.1800 Cary L. VanDusen, Mayor January 4, 1990 I would like to invite you to attend a meeting to discuss the Becker Transfer Trucking proposal in which you previously expressed interest. Staff has done further research concerning the Becker Company with King County and would like to discuss this additional information. I have scheduled Tuesday January 9, 7:00 P.M., Conference Room #3, Tukwila City Hall for the meeting. I would appreciate it if . you could attend but if you find you are unable to attend due to personal conflicts please call my office with your comments. I look forward to seeing or hearing from you in the near future. Sincerely, ack Pace Senior Planner cc: File w1 City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 Gary L. VanDusen, Mayor PLANNING COMMISSION /BOARD OF ARCHITECTURAL REVIEW Thursday, December 14, 1989 7:00 p.m. - Council Chambers in City Hall AGENDA I CALL TO ORDER II ATTENDANCE III APPROVAL OF MINUTES: NOVEMBER 9, 1989 AND NOVEMBER 16, 1989 IV OLD BUSINESS Public Meeting CASE NUMBER: 89 -2 -CA: SENSITIVE AREA ORDINANCE • Public Hearing Testimony • Elect Planning Commission representative to Citizens' Advisory Committee (see attached resolution) • Discuss SAO schedule and work tasks V NEW BUSINESS Public Hearing CASE NUMBER: 89 -8 -DR: CRYSTAL SPRINGS PARK PHASE II • Determine parking requirement for Phase II of Crystal Springs Park CASE NUMBER: 89- 10- DR/89 -3 -CUP: BECKER TRANSFER • Obtain approval for Conditional Use Permit and design review of an employee auto and truck parking facility. Public Meeting CASE NUMBER: 89- 6 -SPE: MEYER SIGN COMPANY, INC. • Special permission for a permanent wall sign of 20 VI ELECTION OF OFFIC eet: VII DIRECTOR'S REPORT VII! ADJOURNMENT Attachments October 31, 1978 Dear Neighbor: After receiving several phone calla regarding the obviously confusing form letter bent to several of um from the King County Toning and Sub - Division Examiner's office regarding Mr. Ca tron'a appeal decision, I made a trip today to the Subdivision gainer's Office at the King County Courthouse in an attempt to clarify the final deciaiom of the King County Council to our eatisfaotios. I spoke with the hearing examiner, Mr. Lightfoot (who was 'the hearing examiner who presided over Mr. Catron's case), and he carefully explained to me that the King County Council upheld Mr. Robert Eveliegk's decision and recommendation and this decision was "CO-P" zoning for 261 ft. and single family zoning for the rest of the three acres. The "CG-P" is a zoning classification in which Mr. Becker or whoever buys or leases the 261 Ft. must comply with the conditions set forth by the Zoning and Sub- Division Manager. The conditions can be found on Page 5 of the packet attached to this letter. This does not allow for Mr. Becker's trucks to park on the south side of South 128th St. Only him employees cars! Mr. Lightfoot also said if trucks park on the 261E ft. they are in zoning violation. As you can see on the bottom of the form letter I received, I have had the Zoning and Subdivision Examiner's Office initial and date alongside the decision the King County Council actually made. So the present zoning is now OG -P only! If anyone of us see Mr. Becker's trucks parked an that lot on the south Bide of South 128th St., it would be a courtesy to inform Mr. Becker of the King County Council's decision. It could be very possible that Mr. Becker or Mr. Catron were as confused as we were by the fora letter, so please give Mr. Becker and Mr. Catron the benefit of a doubt by inform- ing them and showing then the initialed for letter before calling the Zoning Code Enforcement Office. I sincerely hope this matter is now clarified to your satisfaction. If you have any question, please do not hesitate to call me. Sharon.Bernhardt CH. 6 -2630 December 13,1989 . City of Tukwila Planning Commission Board of Architectural Review RE: Becker Transfer Company 89 -3 -CUP 89 -10 -DR Dear Sirs: In view of the fact that under the original plan and approval of Mr. Becker's business it was understood that the lot in question would be used for parking of employees only. No trucks or trailers would be permitted on this lot. Over the past few months it has been noted that the truck trailers had been parked on this lot. This was clearly a violation of the agreement. As a resident of the Tukwila (Riverton) area I would urge you to deny the Becker Transfer Company their request. Keep the Riverton area as a residential area. Thank you for your attention to this request. Sincerely, Beverly A. Nicholson 3810 South 130th Street Seattle, WA 98168 244 -6195 Tukwila Planning Commission Committee for Design Review December 11, 1989 Re: # 89 -10 -DR # 89 -3 -CUP We wish to register our concern . regarding the conditional use permit application for the above mentioned property. The parking lot in question has been the subject of review by King County on several occasions and the owner seems to have failed to live up to conditions placed on his adjusted use acceptance. Community members who have been actively informed about this property ( Sharon Barnhardt and Shirley Robinson) have shared the King County documents with us. We are concerned that after lengthy hearings the recommendations listed in: OFFICE OF ZONING AND SUBDIVISION EXAMINER KING COUNTY, WASHINGTON REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL ... file // 261 -78 -R Proposed Ordinance No. 78 -568 were never met. These recommendations were to approve subject to the following post- ordinance conditions: (page #5) 1. a plot plan to be approved by the Division of Building & Land development showing circulation, access and parking layout. 2. a landscape plan showing a minimum landscape strip of 20' along the west and south property lines and 10' along South 128th St. as required by the adopted Highline Plan (page 35) (e). 3. A bond, the amount to be determined at the time of the plat plan submittal to insure the insatllation of the approved landscaping. 4. a plan for the restoration of ground cover in the westerly third of the subject property and, where feasible, on the cut slopes of the south and west boundaries of the applicant's ownership. ORDERED THIS 10th day of August 1978 signed by Robert A Eveleigh, Deputy Zoning and Subdivision Examiner. It was our understanding that Employees cars were to utilize this lot, in the original King County application, trucks were specifically ruled out. This has also not been lived up to. Therefore we question whether valid King County permitts were approved. Also It was our understanding that noncompliance businesses in KC would not be allowed to enlarge their opperations and we contend that this parking lot request is a way to enlarge the trucking operation without physically enlarging the structures. Thank you for your attention to our concern. Paul & Bet Gul y 1301 - 42nd A e So, Tukwila WA 98168 1 n u.4 -� v To the Members of the Tukwila Planning Commision/ Board of Architectural Review re: 89- 1O- DR/89 -3-CUP: Becker Transfer According to the zoning files' King County, Mr. Becker had the opportunity to upgrade, pave and landscape, the property on the SW corner of E. Marginal Way and S. 128th St. to use as an employee parking lot in 1978, similar to what he is asking now 11 years later. Why has the community lived with an unpaved, muddy lot for the last 11 years? The significant difference between the site plan before you and what King County would have allowed is the parking space for trucks. The neighborhood has never wanted trucks parked there and have reported them as being out of compliance over the year's to King County and to Tukwila since the annexation. In 1978, BALL? for King County was considering the SW corner for parking trucks for Becker Transfer Company: and a year later they were considering a zoning change. This time to expand the business on the NW corner. Why are the two properties being separated? I understand that since Mr. Becker has only asked for a conditional use permit for the SW corner that we are only to comment on the parking without addressing his business, the truck terminal on the NW corner. We feel that the parking may represent a change in the status of his business;'without a fair public hearing, by not including the NW corner of East Marginal Way where his terminal is located. Locating a truck terminal in an area still residential is a touchy business. This site plan shows an unlit area screened from the view of residents across the street and next door. Without lockable gates and fencing it could present a security problem for neighbors, particularly after hours, since access would not be limited. We would also have to question the impact of this parking lot on future business as the rest of the block is zoned for community retail business. If more truck traffic were generated? In the past and in recent weeks 128th Street has been subject to water over the road and the sidewalk' due to heavy rains. Adequate measures must be taken to control run -off which may be coming from both the NW and 5W corners. Thank you for the opportunity to comment. We stress that the parking of trucks had been disallowed on the SW corner with King County and we oppose truck parking being included now. Janice Scheffler 4OC3 S. 128 St. ukwila �- ,BA [.Q - 75' — A- ,HALO FILE r 2-V -79 - k' + Ph -c or 14 C- & 12/13/89 errttchti Es' City of Tukwila *ILA �, G � 6200 Southcenter Boulevard ▪ Tukwila Washington 98188 • (206) 433 -1800 • Gary L. VanDusen, Mayor • 1906 City of Tukwila PUBLIC HEARING NOTICE Notice is hereby given that the City of Tukwila Planning Commission and Board of Architectural Review will conduct a public hearing on November 16, 1989, at 8:00 P.M. in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Boulevard, to consider the following: Planning Commission and Board of Architectural Review Public Hearing 1. Case Number and Name: Becker Transfer Company 89 -3 -CUP 89 -10 -DR Applicant: Pac -Tech Engineering, Inca Request: Approval of design review application and Conditional Use Permit for the Development of an improved parking facility for employees and semi -truck trailers Location: Southwest corner of South 128th St. and East Marginal Way Persons wishing to comment on the above cases may do so by written statement or by appearing at the public hearing. Information on the above cases may be obtained at the Tukwila Planning Department. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: Valley Daily News - November 26, 1989 December 3, 1989 Distribution: Mayor, City Clerk, Property /Owners /Applicants, Adjacent Property Owners, File. Members of Riverton Task Force. ut u r 6 .. Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 Gary L. VanDusen, Mayor STAFF REPORT TO THE PLANNING COMMISSION AND BOARD OF ARCHITECTURAL REVIEW Prepared November 10, 1989 HEARING DATE: November 16, 1989 FILE NUMBERS: 89 -3 CU: Becker Transfer 89- 10 -DR: APPLICANT: Pac -Tech Engineering, Inc. REQUEST: LOCATION: ACREAGE 1.5 Acres Design Review /Conditional Use Permit to build a parking facility for employee and semi - truck trailer parking. Southwest corner of South 128th St. and East Marginal Way COMPREHENSIVE PLAN DESIGNATION: Commercial ZONING DISTRICT: C -M Industrial Park SEPA DETERMINATION: A determination of non - significance was issued November 3, 1989. ATTACHMENTS: A. Site /Landscape Plan BECKER TRANSFER ATTACHMENT A VICINITY /SITE INFORMATION GENERAL BACKGROUND FINDINGS 1 1. Project Description: Development of paved surface parking facility for employee use and for storage of semi -truck trailers. 2. Existing Development: Area is currently utilized as an undeveloped parking facility consisting of a gravel /dirt surface. Frontage along East Marginal is currently landscaped. 3. Surrounding Land Uses: West - Single family residences North - Becker Transfer offices and operations center East - Businesses and Single family residences South - Single family residences 4. Terrain: The site gently rises from north to south at a slope not exceeding 2%. The site is located in an area recently annexed to the City of Tukwila. According to King Co. records, the site has historically been used as an undeveloped parking facility for Becker Transfer Trucking Company. After the recent annexation, the City was requested to investigate whether the use of the site was in compliance with the zoning code. It was determined that the use required a Conditional Use Permit according to TMC 18.38.040(2) and the site improvements would require Design Review since they involve an upgrade of non - conforming landscape areas. The staff report is divided into two sections: 1) Design Review and 2) Conditional Use Permit. to the B.A.R. Page 3 DISCUSSION I DESIGN REVIEW 1 FINDINGS 1 This project is required to process through the Board of Architectural review because it is a development within 300 feet of residential districts and it involves an upgrade of non - conforming landscape areas (TMC 18.60.030). The Design Review guidelines are printed in bold followed by pertinent findings of fact. 18.60.050; GENERAL REVIEW CRITERIA 1. Relationship of Structure to Site a. The site should be planned to accomplish a desirable transition with streetscape and to provide for adequate landscaping and pedestrian movements. b. Parking and service areas should be located, designed and screened to moderate the visual impact of large paved areas. c. The height and scale of each building should be considered in relation to the site. Applicant has provided enhancement of existing landscape buffer through the addition of a 15 foot wide landscape buffer and by increasing the density and layering of plant materials. There will be a tree, shrub and ground cover level for each landscaped area which will provide screening at three levels. South 128th Street will be improved with a sidewalk on the south side of the street that will connect with an existing sidewalk on East Marginal Way. The interior of the lot consists of an asphalt area of approximately 44,850 sq. ft. (74% of site) which will be used for parking. It is unbroken by landscape islands. The amount of paved area as presented in the plan will be smaller in size than the present cleared area of the site as a result of the applicants compliance with landscape requirements. 2. Relationship of Structure and Site to Adjoining Area a. Harmony on texture, lines and masses is encouraged. b. Appropriate landscape transition to adjoining properties should be provided. c. Public buildings and structures should be consistent with established neighborhood character. to the B.A.R. (j Page 4 d. Compatibility of vehicular pedestrian circulation patterns and loading facilities in terms of safety, efficiency and convenience should be encouraged. Since there are no buildings, a. and c. do not apply in this instance. Applicant has provided a dense evergreen screening along property lines which are adjacent to single family residences. Based on the disparity of uses involved, the amount and type of landscape materials indicated will be appropriate for the site. The applicant has shown on the plan two vehicle access points to the lot on S. 128th St. and one point off East Marginal Way. Applicant stated that the East Marginal Way entrance is necessary for enhancement of egress /ingress requirements of trucks. 3. Landscaping and Site Treatment a. Where existing topographic patterns contribute to beauty and utility of a development, they should be recognized, preserved and enhanced. h Grades of walks, parlcing spaces, terraces, and other paved areas should promote safety and provide an inviting, stable appearance. • c. Landscape treatment should enhance architectural features, strengthen vistas and important axis, and provide shade. d. In locations where plants will be susceptible to injury by pedestrian or motor traffic, mitigating steps should be taken. e. Where building sites limit planting, the placement of trees or shrubs in paved areas is encouraged. f. Screening of service yards, and other places which tend to be unsightly, should be accomplished by the use of walls, fencing, planting, or combination. g. In areas where general planting will not prosper, other materials such as fences, walls and pavings of wood, brick, stone or gravel may be used. h. Exterior lighting, when used, should enhance the building design and the adjoining landscape. Lighting standards and fixtures should be of a design and size compatible with the building and adjacent area. Lighting should be shielded, and restrained in design. Excessive brightness and brilliant colors should be avoided. The applicants proposal has provided a plan which will provide a dense screening of the asphalt paved area from adjacent single family lots. The side adjacent to East Marginal Way will be enhanced with additional landscape materials. There is no lighting proposed for the parking lot which will eliminate potential impact on adjacent properties. 4. Building Design No buildings are proposed. to ttne U.A.K. 5. Miscellaneous Structures No structures are proposed. Page 5 CONCLUSIONS 1 The conclusions are grouped under the applicable design review guidelines. 1. Relationship of Structure to Site The impact of a large paved area has a similar visual effect on neighboring properties as a structure. The primary concern is to develop a visual congruence between the proposed development and adjacent uses. The applicants proposal includes substantial amounts of landscape buffering on all sides of the lot as a means of mitigating the visual impact of the proposed development and use. The proposed entry point located on East Marginal Way is within 25 feet of a single family residence on the adjacent lot. Staff concludes that the noise from the truck engines as they are accelerating into traffic will provide an unacceptable level of noise for the occupants of the residence therefore we are recommending that the entry point off East Marginal Way be disallowed. Condition A addresses this point. The southeast corner of the site where the entry point is currently shown on the plan should be landscaped in accordance with adjacent landscape areas. 2. Relationship of Structure to Site The applicants intent is to screen rather than integrate this proposal with neighboring properties and the proposed buffering will adequately fulfill this intent. 3. Landscaping and Site Treatment Applicant has proposed a plant palette which is primarily evergreen. The initial planting size and spacing is intended to provide significant screening from the initial planting and dense screening within 3 years. Based on the density of the screening that will be provided staff does not feel it is necessary in this case to break up the interior asphalt parking surface with landscape islands. r The proposal does not include the placement of wheel stops for parking spaces adjacent to landscape areas. Staff feels that applicant should include wheel stops to prevent damage to landscape materials. As a result, Condition B has been recommended. RECOMMENDATIONS 1 The Planning staff recommends approval of the Design Review application subject to the following conditions: 1. Prior to issuance of Building Permit, the applicant shall submit for review a revised site plan indicating the following: a. Deletion of entry point shown on plan off East Marginal Way. b. Placement of wheel stops in parking spaces adjacent to landscape areas. • Page 6 II CONDITIONAL USE PERMIT Page 7 1 FINDINGS 1 INTRODUCTION TMC 18.38.040 requires truck trailer storage facility uses to obtain a Conditional Use permit in the C -M zone. The request must process through the public review process and obtain approval of the City Council. This staff report differs from previous ones because it is a combined review for a conditional use permit and design review. The two reviews involve many common issues and the result is that most of the staff discussion is found in the design review section. DECISION CRITERIA The following criteria in bold are from Section 18.64.050 of the TMC and shall be used by the Planning Commission in granting a Conditional Use Permit. A. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the property is situated. Applicant states that "operations on the site will occur primarily during normal business hours. The site will be heavily screened by landscaping on boundaries abutting residential areas. The site is adjacent to East Marginal Way which serves industrial traffic. No lighting is proposed. These features will mitigate potential detriment to surrounding property." B. The proposed use shall meet or exceed the performance standards that are required in the district it will occupy. Applicant states that" the site has provided 15 to 22.5 feet of landscaping as required by the Tukwila Municipal Code. Trees will be planted an initial 6 feet, 1 foot over the minimum of five feet. Screening trees will be planted 4 ft. on center which will provide a total site obscuring buffer." C. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design. Applicant states that "No buildings are proposed. The proposed use will be compatible with the existing industrial uses in the area and will use the same arterial for ingress and egress." STAFF REPORT to the B.A.R. 8/40 -DR: Becker Transfer Page 8 D. The proposed use shall be in keeping with the goals and policies of the comprehensive land use policy plan. Applicant states that "Comprehensive planning efforts as part of the annexation designated this site for commercial /manufacturing uses. The site will propose a low intensity use that is well buffered to provide compatibility and consistency with land use policies." E. All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. Applicant states that "screening of the site will mitigate potential aesthetic impacts. The site will have a relatively low traffic generation which will use East Marginal Way for access. Storm draining will be provided to handle storm water from the parking area. There will be no on -site lighting." CONCLUSIONS 1 1. The proposed development of the site will not change or intensify the current use. 2. The proposed landscape /screening as previously discussed in the design review process will improve the quality of the development and will mitigate any negative visual impact on neighboring properties. RECOMMENDATIONS The Community Development Staff recommends approval of the Conditional Use Permit application. WAC 197 -11 -970 Proponent PAC -TECH Engineering, Inc. Address Date f ez 1 FM.DNS Seattle, WA. 98188 128th St. and East Marginal Way. Responsible Official Rick Beeler Position /Title Planning Director C DETERMINATION OF NONSIGNIFICANCE Description of Proposal Development of an improved parking facility for employee parking and semi -truck trailers. Jeffrey D. Mann 6100 Southcenter Blvd., Suite 100 Location of Proposal, including street address, if any Southwest corner of South Lead Agency: City of Tukwila File No. EPIC 24 -89 The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. There is no comment period for this DNS This DNS is issued under 197 -11- 340(2). Comments must be submitted by . The lead agency will not act on this proposal for 15 days from the date below. 6200 Southcenter Boulevard, T wii �tc.c..f `/ Signature Phone 433 -1846 You may appeal this determination to the City Clerk at City Hall, 6200 Southcenter Boulevard, Tukwila, WA 98188 no later than 10 days from the above date by written appeal stating the basis of the appeal for specific factual objections. You may be required to bear some of the expenses for an appeal. Copies of the procedures for SEPA appeals are available with the City Clerk and Planning Department. CONDITIONAL USE APPLICATION 1. BRIEFLY DESCRIBE YOUR PROPOSAL :. Parking Lot for employees and truck trailer parking. 2. PROJECT LOCATION: (Give street address or, if vacant, indicate lot(s), block, and subdivision; or tax lot number, access street, and nearest intersection) S.W. corner of the intersection of S. 128th Street and East Marginal Way. Quarter: NW Section: 15 Township: 29 Range: 4 (This information may be found on your tax statement.) 3. APPLICANT :* Name: PAC -TECH Engineering, Inc. Signature: OWNER Address : 6100 Southcenter Blvd., Suite 100, Seattle, WA 98188 Phone: (206) 243 -7112 Date: * The applicant is the person whom the staff will contact regarding the application, and to whom all notices and reports shall be sent, unless otherwise stipulated by applicant. I, Ip1) 1 • 4. PROPERTY Name: Edwin Becker AFFIDAVIT OF OWNERSHIP 1 OCT 2'7 1989 tv Address: 16R2R S . 7Rth, RP11 Pv11P, WA 98008 Phone: (206) 746 -1998 I /WE,Esignature(s)] ( . swear that I /we are t e owner(s r con ract purchaser(s) of the property involved in this appli tion and that the foregoing statements and answers contained in this application are true and correct to the best of my /our knowledge and belief. Date: A, ,c- 1R, 19R9 5. PRESENT USE OF PROPERTY: Employee Parking, truck trailer parking (unimproved lot) 6. PROPOSED CONDITIONAL USE REQUESTED (from list in TMC 18.64.020): (15) Conditional uses ; .listed in the specified use district 7. ADJACENT LAND USES: Yes NORTH: Becker Transfer Company — truck terminal SOUTH: Residential single familyyhome EAST: Vacant property WEST: CONDITIONAL USE APPLICATION Page 2 8. DETAILED DESCRIPTION OF PROPOSED USE (for example, describe the manufactur- ing processes used, wholesale /retail /warehouse functions, outside storage of goods or equipment or other information which will facilitate understanding of the activities you proposed to develop on this site): Provide employee parking for Becker Transfer employees. Provide parking for truck trailers. 9. Will the conditional use be in operation and /or a building to house the use be started within a year of issuance of the permit? 10. Describe the manner in which you believe that your request for a Conditional Use Permit will satisfy each of the following criteria as specified in TMC 18.64 030 (attach additional sheets, if necessary). A. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is situated. RESPONSE: Operations on the site will primarily occur during normal business hours. The site will be heavily sreened by landscaping on boundaries abutting residential areas. The site is adjacent to East Marginal Way which serves industrialctraffic. No lighting is proposed. These features will mitigate potential detriment to surrounding property. CONDITIONAL USE APPLICATION Page 3 B. The proposed use shall meet or exceed the performance standards that are required in the district it will occupy. RESPONSE: The site has provided 15 to 22.5 feet of landscaping as required by the Tukwila Municipal Code. Trees will be planted at an initial 6 feet, 1 foot over the minimum of five feet. Screening trees will be planted4' on center which will provide a total site obscurring buffer. C. The proposed development shall be compatible generally with the sur- rounding land uses in terms of traffic and pedestrian circulation, building and site design. RESPONSE: No buildings are proposed. The proposed use will be compatible with the existing industrial uses in the area and will use the same arterials for ingress and egress. D. The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan. RESPONSE: Comprehensive planning efforts as part of the annexation designated this site for Commercial /Manufacturing uses. The site will propose a low intensity use that is well buffered to provide compatibility and consistancy with land use policies. E. All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. RESPONSE: Screening of the site will mitigate potential aesthetic impacts. The site will have a reletively low traffic generation which will use East Marginal Way for access. Storm draining will be provided to handle storm water from the parking area, There will be no on -site lighting. to prevent light and glare. (29 /COND.APP1,2) Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal. (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe sane basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You roust answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply ". Complete answers to the questions now may avoid unnecessary delays later. Sane questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. `I91e agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determine if there may be significant adverse impact. A. BACKGROUND 1. Name of proposed project., if applicable: Becker Transfer Parking Lot 2. Name of applicant: PAC -TECH Engineering 3. Address and phone number of applicant and contact person: Contact Person: Jeffrey D. Mann PAC -TECH Engineering, Inc. 6100 Southcenter Blvd., Suite 100 Seattle, WA 98188 Phone No. (206) 243 -7112 4. Date checklist. prepared: September. 4, 1989 5. Agency requesting checklist: City of Tukwila Environmental Checklist 1 1. Earth 6. Proposed tuning or schedule (including phasing, if applicable): Spring 1990 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None to our knowledge 9. Do you brow whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No 10. List any government approvals or permits that will be needed for your proposal, if known. Design Review and Conditional Use Permits, Engineering Plans. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description). Conditional Use Permit for employee and truck trailer parking. 12. I.,ocation of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s) . Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Southwest corner of East Marginal Way and 128th Street. TO BE CORPLE ED BY APPLICANT EVALUATION FOR AGENCY USE ONLY B. ENVIRONMENTAL EIFI Efl'S a. General description of the site (circle one): Flat, rolling, steep slopes, mountainous, other Gently rising site from north to south. b. What is the steepest slope on the site (approximate percent slope)? 2% slopes c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The site is urban land with gravelly sandy lames which have not been used for agriculture purposes. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: A temporary erosion control measures will be implemented as part of construction in order to prevent off -site erosion and also control dust and mud on adjacent streets. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. This site will be graded in order to prepare a surface for paving. The general topography of the site will remain intact in order to provide for drainage which will take surface waters to a drainage facilities in South 128th. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Yes, however minimal. Temporary erosion control plans will be implemented as part of construction as required by the City. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 73% 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if .mown. Emissions from construction equipment during grading and paving of site. Emissions from asphalt concrete mix during paving operations. Long term emissions from the site will result from employee vehicles entering and exiting the site. Emissions from trucks moving trailer onto the site will also occur. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. No c. Proposed measures to reduce or control emissions or other impacts to air, if any: None proposed 3 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it. flows into. There are no surface water bodies located immediately on or adjacent to the subject site. The Duwammish River is located approximately one quarter mile to the northeast of the site. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Oils and greases from pavement surfaces resulting from vehicular use of the site will be washed away and surface waters during periods of rain. Storm water from the site will be controlled and contained and conducted to City of Tukwila storm drainage facilities. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. No 2) Describe waste material that will be discharged into the grotmd from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chenticals...agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. No 4 c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water. flow? Will. this water flow into other water? If so, describe. Runoff will occur as a result of rain water collecting on the paved parking lot surface. Catch basins will be utilized to collect storm water which will be piped to a retention pond on the northerly boundary of the site which will meter and control off-site volumes which will be collected in the City of Tukwila storm drainage system and eventually conduct it to the Duwammish River. 2) Could waste materials enter ground or surface waters? If so, generally describe. See 31 6 d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: See item 3C 1. 4. Plants a. Check or circle types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs X grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, mi.lfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? Existing vegetation in areas which are proposed for paving will be cleared and vegetation removed. Existing Douglas Firs and deciduous trees located around the perimeter of the site will be retained and enhanced by landscaping as shown on the site plan. Approximately three existing trees will be removed from areas which are proposed for paving. c. List threatened or endangered species known to be on or near the site. No d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Preservation of existing Douglas Fir and deciduous trees along the perimeter of the site and enhancement of the vegetative buffer by the placement of Douglas Fir and other shrubs and ground cover in order to enhance the landscaping and vegetation on the site. 5 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Small field mammals b. List any threatened or endangered species known to be on or near the site. No c. Is the site part of a migration route? If so, explain. No d. Proposed measures to preserve or enhance wildlife, if any: None proposed 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Fossil fuels will be utilized by vehicles during construction and also by employee vehicles and trucks bringing trailers to the parking lot. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None proposed 7. Envirorunmtal Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No 1) Describe special emergency services that might be required. No 2) Proposed measures to reduce or control environmental health hazards, if any: None proposed b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Any noise from East Marginal Way or existing transfer operations to the north would not affect the operation of this parking lot. 6 2) What types and levels of noise would be created by or associated with the project on a short -term or a long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would cane from the site. Short term: Noise from construction vehicles during grading and paving operations. Long term: Noise from employee vehicles and from trucks bringing trailers onto the site for parking. Noise would occur between 7:OOam and 10:OOpm Monday thru Saturday. c 3) Proposed measures to reduce or control noise impacts, if any: Proposed landscape buffer will provide some noise mitigation. Restriction of on —site traffic from between 6:OOam to 10:00pm. 8. land and Shoreline Use a. What is the current use of the site and adjacent properties? The site is presently undeveloped with some employee parking occurring in the northeast corner of the site. Some trailers are located on the site and some storage of miscellaneous equipment. The north is existing Becker Transfer offices and operations center. To the south are single family homes. To the west are single family homes, and to the east are existing businesses and single family homes in the CM zone. h. Has the site been used for agriculture? If so, describe. No c. Describe any structures on the site. No structures proposed. d. Will any structures be demolished? If so, what? Not applicable e. What is the current zoning classification of the site? CM f. What is the current comprehensive plan designation of the site? Commercial g. If applicable, what is the current shoreline master program designation of the site? Does not apply h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No i. Approximately how many people would reside or work in the completed project? None 7 9. Housing j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None proposed 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The development of the site will include the maintenance of existing trees and the addition of supplemental landscaping in order to provide a significant landscape buffer for screening between the proposed parking lot and single family areas to the west and south. Access is to South 128th and East Marginal Way. Traffic from the site will enter and exit from East Marginal Way in order to reduce impacts on residential areas to the west. The site will not include active loading or unloading in order to reduce the amount of activity and potential noise on the site and it's impact on surrounding areas. a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low - income housing. None b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None c. Proposed measures to reduce or control housing impacts, if any: None proposed 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? No structures are included as part of the project. b. What views in the immediate vicinity would be altered or obstructed? None to our knowledge. c. Proposed measures to reduce to control aesthetic impacts, if any: Proposed landscaping as described in the land use section. 8 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light and glare impacts may occur from vehicles utilizing the site during earlier morning and late evening hours and from security lighting on the site. b. Could light or glare from the finished project be a safety hazard or interfere with views? The proposed landscaping the light and glare impacts should be mitigated and have minimal impact on surrounding properties. c. What existing off -site sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: Proposed landscaping should mitigate any potential light and glare impacts on surrounding properties. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Southgate Park located at South 1344th Street and 40th Avenue. Rainier Golf and Country Club located to the northwest at Glendale Way South and Des Moines Way South. b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None proposed 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. No c. Proposed measures to reduce or control impacts, if any: None proposed 9 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street. system. Show on site plans, if any. Access to the site would be provided from South 128th Street and East Marginal Way. See site plan. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes, East Marginal Way at South 130th Street. c. How many parking spaces would the completed project have? How many would the project eliminate? 48 employee parking, 17 trailer space parking spots. None would be eliminated. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No e. Will the project use (or occur in the 'mediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the cunpleted project? If known, indicate when peak volumes would occur. Approximately 70 -80 vehicle trips per day. g. Proposed measures to reduce or control transportation impacts, if any: Restriction of access to South 128th to reduce Potential impacts on East Marginal Way. Access path will be restricted to East Marginal Way and 128th. Traffic by employees or trucks will not go westbound on 128th into residential areas. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No b. Proposed measures to reduce or control direct impacts on public services, if any. None proposed 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. The site will require electrical and storm drainage service. 10 b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Electrical service will be provided by Seattle City Light to provide electricity for on -site security lighting. Surface water will be collected on -site and conducted to City of Tukwila Storm Drainage facilities by way of a on -site control /retention facility. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. 11 Becker Transfer - Trip Generation The proposed parking lot site is presently used for parking employee vehicles, truck trailers and some miscellaneous equipment. The Cond- tional Use permit proposes the improvement of the parking lot to in- clude pavement, landscaping, storm drainage, and striping for the parking layout. The site presently has access from South 128th Street. Presently 15 to 20 employee cars are parked on the site, Four to five times a day trailers are either removed or returned to the site. The current trip generation would be approximately 20 to 25 trips per day. Employees would most likely arrive or depart during the a.m. or p.m. peak hours, The trailer movements would occur sporadically throughout the day. It is estimated that approximately 50% of the traffic from the site would go northbound on East Marginal Way to 1 -5 while the remainder would go southbound to I -405 and I -5 freeway access. Full use of the site with 17 trailer spaces and 43 employee parking spaces would increase total trips from the site to approximately 56 total daily trips, This assumes 44 trips form the employee parking and 12 from the trailer spaces based on 75% of the trailers being moved in any one day. This would be an increase of 21 to 25 trips over exist- ing use. Peak hour trips would be approximately 44 trips with 22 trips going northbound and 22 trips going southbound on East Marginal Way. The site as relatively low trip generation because it does not have the truck traffic associated with the truck terminal to the north, + becker transfer parking lot site plan vicinity map pactech BECKER TRUCKING 89.3 -CUP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE COUNCIL, CITY OF TUKWILA IN RE: ) Appeal of the Planning ) Commission's decision to ) Case No.L93 -0058 approve a Conditional Use ) • Permit to Becker Trucking ) Appellants's Memorandum In Support of notice Of Appeal by ) RECEIVED Jackie L. Dempere, et al, ) 'FEB 2 81994 , Appellants ) DEVELOPMENT I. INTRODUCTION The Planning Commission of the City of Tukwila has granted a Conditional Use Permit (CUP) to the Becker Trucking Company. This CUP will allow Becker Trucking to pave an one and a half acre lot which exhibits sensitive features e.g., steep slope, surface water, and wetland vegetation. This action will allow Becker Tucking to expand its scope of operations above present levels, generating 70 -80 vehicle trips per day Sea exhibit # 11 Environmental Checklist page 11, g. This is a very conservative figure, examination of the truck dispatches for the existing site, and the interim site Becker Trucking has leased at 131st and 44th Ave will confirm this claim. NOTICE OF APPEAL SUPPORTING MEMORANDUM - 1 EXHIBIT - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In a primarily residential neighborhood, activity of this type and volume would be an obvious detriment to the quality of life and to the environment. Under the State Environmental Policy Act (SEPA) a threshold determination is required for all non - exempt actions. Accordingly, the applicant (PAC -TECH Engineering, Inc.) completed an environmental checklist in support of its first application for a CUP in 1989. Subsequently, the responsible official (Rick Beeler) issued a Determination of Non - significance (DNS) for the subject proposal dated November 3, 1989, there was not a comment period for this DNS. See exhibit # 5, Determination of Nonsignificant. The CUP was authorized, and after an appeal by many residents to the Tukwila City Council, the CUP was permitted with several key conditions. This first CUP expired because conditions were not met. Becker Trucking applied for a zad CUP in August of 1993. The Planning Commission, relying on the DNS issued in 1989, authorized the 2nd CUP- the subject of this appeal. See exhibit # 8 II. STATE ENVIRONMENTAL POLICY ACT A. New Information Either through misrepresentation or because of simple ignorance the applicant NOTICE OF APPEAL SUPPORTING MEMORANDUM - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 failed to disclose that the project area contains Environmentally Sensitive Areas as defined in the Tukwila Municipal Code (TMC) Chapter 21.04.300. Tukwila has yet to map wetlands in this newly annexed area, but this omission does not, absolve the applicant of his duty to address the sensitive nature of the proposed project site: (c)Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped.(emphasis added) TMC21.04.300(c) The residential character of the neighborhood has also ben severely understated. These omissions and misrepresentations render the Environmental Checklist void and unreliable and requires the lead agency (City of Tukwila) to withdraw the DNS issued in 1989: The lead agency shall withdraw a DNS if: (ii) There is significant new information indicating, or on, a proposal's probable significant adverse environmental impacts; or (iii) The DNS was procured by misrepresentation or lack of material disclosure WAC197 -11 -340 (30)(a) NOTICE OF APPEAL SUPPORTING MEMORANDUM - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WAC 197-11-600(3) (b) (ii) reinforces this concept by requiring the preparation of a new threshold determination if there is, "New information indicating a proposal's probable significant adverse environmental impacts ". Obviously, grading, filling, and paving a wetland is far different than doing the same to a "vacant lot ". Other new information includes recently enacted federal law designed to protect waterways. Increased knowledge of the need to preserve and restore life in wetland and waterway habitats have prompted the Feds, to require a permit to discharge water into the river (the Duwamish is less than a quarter mile distant). The National Pollution Discharge Elimination System (NPDES) permit that Becker obtained in 1992, requires. minimum cleaning of the water before any run -off leaves the lot This laws are not even enough to protect our Duwamish, is up to Tukwila and other cities to act now. The 1989 DNS does not (could not) reference this information and the current CUP fails to address these issues in its conditions. A new threshold determination must be made utilizing current information. See exhibit # 11. NOTICE OF APPEAL SUPPORTING MEMORANDUM - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 New OSHA rules that require lighted workplaces and backing safety features for loading equipment make mitigation impossible in a residential neighborhood. No light was permitted on the 1990 CUP. We are also uninformed regarding the type of cargo these trucks are carrying and storing on next to our homes, another new federal regulation Tukwila Tomorrow recommendation zoning for this site is neighborhood commercial a use that allows fair use and protects the quality of life of its residents. This area is another Gateway to Tukwila and worthy of the same attention. Conditions which cannot be monitored properly because of changes in enforcement responsibilities of previous noise and other Tukwila's Ordinances for budgetary reasons. B. Public Notice A major goal of SEPA is to, "encourage public involvement in decisions that significantly affect environmental quality" (WAC 197- 11- 030(2)(F). But before the public can become involved in the decision - making process, it must be aware that a decision is being contemplated. NOTICE OF APPEAL SUPPORTING MEMORANDUM - 5 SEPA requires the lead agency to utilize "reasonable methods" to inform the public of proposed actions that may affect it. There are 70 signatures on file on the original CUP, the administration chooses to ignore this persons of "interest" claiming it is a (new permit) clean slate! See exhibit # 6. A lynch -pin of SEPA is liberal construction - complying with both the letter and the spirit of the law is required. There are residents living within 200 feet of the project area who are still unaware of Becker Trucking's expansion plans. These "most affected citizens" should have been notified directly by mail of Becker's proposal at the earliest possible time to allow them time to prepare reasoned, informed comments. Apparently, the only method used to inform. the public was publication of a notice in local newspapers and The Hazelnut. Obviously, this was not a "reasonable method" as evidenced by the lack of public knowledge concerning the subject CUP. Original signatories on the earlier expired CUP should also have been directly notified. TMC 18.92.020 requirements for this new CUP is written notification to every resident and owner within 300 feet of the periphery of a Conditional & Unclassified Use Permit, ten days before each and every public hearing. This requirement was not met. NOTICE OF APPEAL SUPPORTING MEMORANDUM -6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Posted announcements required by law (when complied with) have been nullified by a large "For Sale" sign on the project site for the last several years. Sale sign size a 30/1 compared to posted public notice. It is understandably difficult for the council to make an appropriate decision with inadequate information. The quality of a decision depends on getting a full story. Planning commission minutes must reflect fully & accurately what was presented. Who makes the decision about what the council will know about citizens comments during the only unlimited Public Hearing? See exhibit # 10 Minutes of the planning commission minutes were provided late beyond reasonable time to main appellant. Providing minutes within a reasonable time to appellants is a reasonable expectation which has not been met. See exhibit # 12. Letter from appellant "no mentioning name applicant" to the council. III. GROUNDS FOR REVOKING CUP A. TMC 18.64.050 sets forth the criteria to be used by the Planning Commission in granting a CUP. criterion (1) states in full: NOTICE OF APPEAL SUPPORTING MEMORANDUM -7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is situated. Becker Trucking's proposed use is totally contrary to this criterion: * Increased traffic and air pollution will escalate the health hazards in an already non - attainment area for air pollutants. * Gross vehicle weight is limited to 5 tons in the subject neighborhood. Many of Becker's trucks have a gross weight of 40 tons and have caused considerable wear and damage to city roads and bridges. * Recommended zoning for this area is neighborhood commercial. Expansion of heavy trucking not only poses a safety hazard but also significantly degrade the quality of life of area residents as well as reducing residential property values. The hours of operation of 7 days a week from 6 to 10 p.m. are not compatible with a residential neighborhood. See exhibit #2. The legislature recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation of the environment. [1971 ex.s. c 109 2.] Title 43 RCW: 43.21C.029 NOTICE OF APPEAL SUPPORTING MEMORANDUM -8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The CUP was approved beyond what was described and requested in the application: See exhibit #10 * Trailer parking has increased from 17 to 50. * The Becker Transfer Traffic Study (page 5) or see exhibit #5 specifically rules out the possibility of providing access to the site via E. Marginal Way South to safety concerns. Incredibly, the CUP was approved WITH AN E. MARGINAL WAY ENTRANCE. See exhibit # 9 * The CUP requires Becker to limit its operations to the hours of 6 am to 10 PM. However, Becker Trucking has a long history of operating well into the early morning and continues to do so despite complaints by neighbors. Normal residential permitted noise hours are already different for this site. See exhibit # 3. * The lightning requested for the site together with' equipment noise that were prohibited but now change will give a factory environment to the area and disturbed peaceful and undisturbed sleep on a residential neighborhood. See exhibit# 7 * Tukwila's Tree Ordinance and buffer required for surrounding zoning and uses. Existing trees will die by the addition of proposed burn around 4' of their trunks. Trees are not mature to be a buffer for several years, are citizens going to be the buffers? NOTICE OF APPEAL SUPPORTING MEMORANDUM -9 * Original zoning request for the site to King county in talks about 512 trees planted on the existing site either they died or were never planted. See exhibit # 4, pg.4, dated October, 1978. SAFETY * Ten feet fencing has been reduced to 6' with a 4' birth (supposedly landscaped,) will created mud on sidewalks, kill existing trees and became an eyesore and unsafe place to walk by at night * Attractive nuisance. Children are attracted to equipment on the site and to the short -cut created by the opening into East Marginal Way, while on their way to and from School or other neighborly activities. The city of Tukwila does not have a safe route for children coming from the Schools from 42th Ave. S. in their way home or to the Community Center, as well as regular pedestrians. * The width of East Marginal Way South combined with the over size trucks makes hazard driving conditions for every driver facing every arrival or departure of truck from the existing site. * The failure to protect city property that you are intrust to by it's Citizens. We have two known instances of Becker'.s trucks getting stuck on the NOTICE OF APPEAL SUPPORTING MEMORANDUM -10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 bridge located on the approved route. To avoid this trucks are driving over the opposing traffic road space at this point, creating a major safety hazard for regular traffic under and over the bridge The speed on this location is 30 MPH. 5 miles more of what Becker's Traffic Study considers unsafe stopping distance for the weight of these trucks. An entrance into the Community Center's Playground is located at this point and no safety features are in place! * The speed, lack of sidewalks, safe crossings and visibility of the routes from this site are such, that the question is not if but when a death will occur. IV. SUMMARY Heavy trucking, with its attendant noise, pollution and safety impacts, will never be a "compatible use" in a residential area. The existing site will increase its already Unconditional Use. Allowing Becker to expand its operation and the change of conditions despite its history as a "violator amounts to tacit approval to operate around the clock. Failure to live up to CUP conditions have been demonstrated twice. NOTICE OF APPEAL SUPPORTING MEMORANDUM -11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2g To allow an expansion of such use is not only unconscionable, but is in violation of state and local law. At the minimum more thorough study of the issues is needed before issuing a CUP that affects so many people. V. RELIEF REQUESTED Based on the foregoing, the Appellants hereby request the following relief: A. That the subject CUP issued to the Becker Trucking Company be revoked immediately. B. That a new threshold determination be required in conjunction with any future application for a CUP for the subject. C. That this aforementioned CUP be the last one accepted on this kind of use so that residents can have some stability in their lives and property values. D. Such other relief as is deemed just and proper. Dated this 25th day of February, 1994. Jackie L. Dempere For the appellants TICE OF APPEAL SUPPORTING MEMORANDUM - 12 Title 43 RCW: State Government — Executive Washington, in cooperation with federal and local govern- ments, and other concerned public and private organizations, to use all practicable means and measures, including finan- cial and technical assistance, in a manner calculated to: (a) Foster and promote the general welfare; (b) to create and maintain conditions under which man and nature can exist in productive harmony; and (c) fulfill the social, economic, and other requirements of present and future generations of Washington citizens. • (2) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the state of Washington and all agencies of the state to use all practica- ble means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: (a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (b) Assure for all people of Washington safe, healthful, productive, and esthetically and culturally pleasing surround- ings; (c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (d) Preserve important historic, cultural, and natural aspects of our national heritage; (e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice; (f) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and (g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. (3) The legislature recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. [ 1971 ex.s. c 109 § 2.] 43.21C.030 Guidelines for state agencies, local governments— Statements — Reports— Advice- Information. The legislature authorizes and directs that, to the fullest extent possible: (1) The policies, regulations, and laws of the state of Washington shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all branches of government of this state, including state agencies, municipal and public corporations, and counties shall: (a) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man's environment; (b) Identify and develop methods and 'procedures, in consultation with the department of ecology and the ecologi- cal commission, which will insure that presently unquantified environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations; 11992 t d.) 43.21C. i (c) Include in every recommendation or report proposals for legislation and other major actions significar affecting the quality of the environment, a detailed statem by the responsible official on: (i) the environmental impact of the proposed action: (ii) any adverse environmental effects which cannot avoided should the proposal be implemented; (iii) alternatives to the proposed action; (iv) the relationship between local short -term uses man's environment and the maintenance and enhancement long -term productivity; and (v) any irreversible and irretrievable commitments resources which would be involved in the proposed acti should it be implemented; (d) Prior to making any detailed statement, the respon ble official shall consult with and obtain the comments any public agency which has jurisdiction by law or spec expertise with respect to any environmental impact involve. Copies of such statement and the comments and views of : appropriate federal, province, state, and local agencies, wh: are authorized to develop and enforce environmental sta dards, shall 'be made available to the governor, the depa: ment of ecology, the ecological commission, and the pubi and shall accompany the proposal through the existi: agency review processes; (e) Study, develop, and describe appropriate alternati'. to recommended courses of action in any proposal wh:. involves unresolved conflicts concerning alternative uses available resources; (f) Recognize the world -wide and long -range charac: of environmental problems and, where consistent with siz policy, lend appropriate support to initiatives, resolution and programs designed to maximize international cooperati; in anticipating and preventing a decline in the quality mankind's world environment; (g) Make available to the federal government, oth.- states, provinces of Canada, municipalities, institutions, ar individuals, advice and information useful in restorin_ maintaining, and enhancing the quality of the environme:-. (h) Initiate and utilize ecological information in ti- planning and development of natural resource - oriente projects. [ 1971 ex.s. c 109 § 3.] 43.21C.031 Significant impacts. An environment:. impact statement (the detailed statement required by RC': 43.2IC.030(2)(c)) shall be prepared on proposals for legisi� tion and other major actions having a probable significant: adverse environmental impact. Actions categorically exern under RCW 43.21C.1 10(1)(a) do not require environment:. review or the preparation of an environmental impac statement under this chapter. An environmental impact statement is required tt_ analyze only those probable adverse environmental impact: which are significant. Beneficial environmental impacts ma' be discussed. The responsible official shall consult wit - agencies and the public to identify such impacts and limi: the scope of an environmental impact statement. The subjects listed in RCW 43.21C.030(2)(c) need not be treare: as separate sections of an environmental impact statement. Discussions of significant short-term and long -term environ- mental impacts, significant irrevocable commitments o: [Title 43 RCW —page 12! TUKWILA MUNICIPAL CODE. (33) "Watercraft ";-means any contrivance, ,xcluding aircraft, used or .capable of being used as a .neans of transportation or. recreation. on water. ' (34) "Weekday ". means. any day Monday utrough Friday which i;: not: a legal holiday. (35) "Weekend" means Saturday and Sunday or any legal holiday. • • - - (Ord 1363 51(part), 19857 8.22.030 Environmental sound levels — Unlawful sounds. It is unlawful for any person to cause sound, or for any person in possession of property to permit sound originating from such property, to intrude into the real property of another . person whenever such sound exceeds the maximum permissible sound levels established by this chapter. (Ord 1363 §1(part), 1985) 8.22.040 Maxirxan permissibfe sound levels. For sound sources located within the City, the maximum permissible sound levels are as follows: District of Sound Source Residential Commercial Industrial. District of Receiving Property Within the City 55 dB(A) •57 dB(A) 60 dB(A) 57 dB(A). ._ 60 dB(A) 65 dB(A) 60-d5W.tt nt65,dB(A) --70 dB(A) (Ord 1363 51(pari, . 1985) , R 22.050 Modifications to maximum permissible sound . • '•.tr r "l:" i.L.• The maximum permissible sound levels established by this l chapter:: : shall be. reduced or increased by the sum of the following: (a) Between the hours :of: ten .p.m. and seven a.m. during weekdays, and between the hours of ten -p.m. and seven a.m. on- weekends, the levels established . by Section 8.22.040 . are:seduced by 10 dB(A) where =:: the receiving property lies _within a residential district of the City y ' `�� a� ,_ ;a --• rY (b) For any source of sound which is periodic, which has a pure tone component, or which is impulsive and is not measured with an impulse sound level meter, the levels established by this chapter shall be reduced by 5 dB(A); provided, however, that this 5 dB(A) penalty for the emission of sound having a pure tone component shall not be imposed on any electrical substation, whether existing or new. (c) For any source of sound which is of short duration, the Levels established by this chapter are increased by: (1) 5 dB(A) for a total of fifteen minutes in any -Tie -hour period; or (2) 10 dB(A) for a total of five minutes in any .one -hour period; or (3) 15 dB(A) for a total of 1.5 minutes in any u.ie•hqur period. 1 (Ord 1363 51(part), 1985) Page 8-14 • 8.22.060 Motor vehicle sound levels — Created by It Is unlawful ' for any person to operate upon any public= highway any motor vehicle or any combination of motor vehicles' under any conditions of grade, load, acceleration or deceleration in such manner as to exceed the following maximum permissible sound levels for the category of vehicle, as measured at a distance of fifty feet from the center of the lane of travel within the speed limits specified by measurement procedures established by the State Commission on Equipment in WAC 204 -56: Vehicle Category or less 35 mph Motor vehicles over 10,000 pounds GVWR or GCWR 86 dB(A) 90 dB(A) Motorcycles 80 dB(A) 84 dB(A) All other motor vehicles 76 dB(A) 80 dB(A) (Ord 1363 §1(part7, 19857 8.22.070 Muffler requirements. It Is unlawful for any person to operate, or for any owner to permit any person to operate, any motor vehicle upon' the' public highways which is not equipped with a muffler in good working order and in constant operation. �,, :.. (Ord 1363 " 51(para 19857 35 mph Over 8.22.080 Modification of motor vehicles. It fs unlawful for any person to operate a vehicle which has been modified 'or' changed in any way or had installed any device thereon in y manner that permits sound -to- be emitted by the rotor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device. on a motor vehicle :which is operated on the City's streets. • (Ord 1363 §1(part), 1985) 8.22.090 Tre noise. It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason; provided, that sound resulting from emergency braking to avoid imminent danger shall be exempt from this section. (Ord 1363 51(part), 1985) 8.22. 100. Sale of new motor vehicles which eooceed lints. It is unlawful for any person to sell or offer for sale within the City limits a new motor vehicle, except an off- highway vehicle, which produces a maximum sound level exceeding the following maximum First Edition - Printed August 18, 1993 BILL REAMS, Dist. No. 3 BERNICE STERN, Dist. No. 4 RUBY CHOW, Dist. No. 5 MIKE LOWRY, Dist. No. 6 PAUL BARDEN, Dist. No. 7 BOB GREIVE, Dist. No. 8 DAVE MOONEY. Dist. No. 9 King County Council Bruce C. Laing, Zor;ing & Subdivision Examiner Room 403, King County Courthouse Seattle, Washington 98104 344-3460 October 27, 1978 NOTICE OF ACTION BY THE KING COUNTY COUNCIL ON RECOMMENDATIONS OF THE ZONING AND SUBDIVISION EXAMINER RE: Building and Land Development File No. Proposed Ordinance No. 78 -568 J. R. CATRON; SR & SR (Potential CG) to M *% 261 -78 -R On October 23 , 1978 the Council passed approving the above - referenced application. On , 19 the Council passed denying the above - referenced application. Motion No. 3796 Motion No. 0 On , 19 the Council passed Motion No. concurring in the recommendations of the Zoning and Subdivision Examiner on the above- referenced item. The Council will not take final action on the ordinance until the applicant has presented to the Building and Land Development Division, Room 450 King County Administration Building, evidence showing satisfaction of the conditions contained in the Examiner's report, which was previously transmitted to parties of record. If the conditions have not been satisfied by , 19 , the Building and Land Development Division will take action to close the file on the application. BCL /jk Brice C: *Laing L �' C' ZONING AND SUBDIVISION EXAP NER cc: Parties of Record Building and Land Development Division he Council concurred with the Examiner's recommendation to approve Sa P CG - 'for :a portion_ of,the. property,. subject to, conditions, x -_ 1\1\// VI KING COUNTY, WASHINGTON REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL. SUBJECT: Building and Land Development File No. 261 -78 -R Proposed Ordinance No. 78 -568 J. R. CATRON S -R and S -R (Potential C -G) to M -L - Three acres lying on the southwest corner of • South 128th Street and East Marginal Way South. : SUMMARY OF RECOMMENDATIONS: Division's preliminary: Division's final: Examiner: PRELIMINARY REPORT: PUBLIC HEARING: Approve CG -P in part, subject to conditions. Approve CG -P in part, subject to conditions. Approve CG -P in part, subject to conditions (modified) . The Building and Land Development preliminary report on Item 261 -78 -R was received by the Examiner on July 20, 1978. After reviewing the Building and Land Developmen report, examining available information on file with the application and visiting the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing on Item 261 -78 -R was opened by the Deputy Examiner at 10:10 A.M., July 27, 1978. The Examiner explained procedures for the benefit of the participants. Ms. Powers, Building and Land Development, made the following changes to their preliminary report: Page 1, Item D -4, King County Division of Planning: Memo dated July 5, 1978 making recommendations. Page 1,. Item D -1, King County Division of Traffic dated July 6, 1978 requesting additional right -of -way. Page 2, add Item D -15: Washington State Department of Transportation dated July 10, 1978 indicating no interest. Page 2, add Item D -16: Letter from Mr. and Mrs. Richard Barnhardt dated July 21, 1978. Ms. Powers offered the following exhibits: Exhibit No. 1 Preliminary report dated July 27, 1978. If Exhibit No. 3 - Environmental Checklist dated March 23,31978,. Exhibit No. 4 - Declaration of Non - significance dated June 16, 1978. Exhibit No. 5 - Assessor map of the NW; of Section' 15 -23 -4 ' showing subject property outlined in red. Exhibit No. 6 - Land Use Sheet 324 W (to be retained in the Division's permanent working files). Exhibit No. 7 - Two sheets of plans; 7 -1: Site plan; 7 -2: Drainage plan. Exhibit No. 8 - Large copy of the Highline Community Plan Map (to be retained in the Division's permanent working files) . Mr. Marbett, Building and Land Development, made the following modification to the Division's preliminary report: Page 4, Item K -1 should read: "The Highline Community Plan Map whic: was adopted as part of the Highline Community Plan under Ordinance No. 3530 on December 19, 1977, has the easterly 370' of the•subject property shown as general commercial•area and the remainder as single family. The area north of South 126th Street and east of East Marginal Way is the area proposed for expansion of the light manufacturing zone." The Examiner directed questions to Mr. Marbett. Speaking in support were: J. Ray Catron, applicant 3717 South 128th Seattle, Washington 98168 Edwin J. Becker Becker Transfer Company 16828 S.E. 28th Bellevue, Washington 98008 The Examiner directed questions to Mr. Becker. Mr. Marbett also • responded. Also speaking in support was: Phil Hemmingway 4036 South 128th Street Seattle, Washington Mr. Becker made additional comments. Speaking in opposition were: Ruth Burnhardt 3704 South 126th Seattle, Washington Beverly Nicholson `3810 South 130th Street Seattle, Washington Ms. Nicholson offered the following exhibit:. Exhibit No. 9 - Set of 35 letters in opposition. The hearing on this matter was recessed at 10:53 A.M., and reconvened ' at 11:05 A.M., July 27, 1978. Also speaking in opposition were: Mr. Halasz 12633 - 35th Avenue South Seattle, Washington 98168 Sharon Burnhardt 3418 South 126th Seattle, Washington Ms. Burnhardt offered the following exhibit: Exhibit No. 10 - Two letters of opposition from Mrs. F. Bernhardt and Mr. Robert J. Bernhardt respectively. All proponents and opponents having given their presentation, the participants responded with cross - examination and rebuttal. Building and Land Development's final recommendation was to approve CG -P in lieu of M -L for the easterly 264 feet of the subject property subject to conditions as stated in their preliminary report. The hearing on Item 261 -78 -R was closed by the. Deputy Examiner at 11:38 A.M., July 27, 1978. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. General Information: Location: Lying on the southwest corner of South 128th Street and east of Marginal Way South Existing Zone: S -R and S -R (Potential C -G) Requested Zone: M -L S'!'R: 15 -23 -4 Size: 3 acres Water District: 38 Sewer District: Val Vue Fire District: #18 School District: #406 under the provisions of R.C.W. 43.21C and W.A.C. 197 -10. The applicant submitted an environmental ohecklist with.the application. After reviewing the environmental checklist, the Manager of the Building and Land Development Division made a threshold determination that approval of this application will not have a significant adverse impact upon the quality of the environment and that an environmental impact statement is not required. The Building and Land Development Division transmitted a proposed declaration of non - significance to other agencies with jurisdiction on June 16, 1978. After theelapse of fifteen days following the transmittal and after reviewing comments submitted by agencies with jurisdiction and by other parties, the Manager of the Building and Land Development division adopted the proposed declaration as a final declaration of non - significance. At the public hearing on this application a representative of the Building and Land Development Division reported that having considered the comments and testimony by agencies with jurisdiction and by other parties, having visited the subject property, and having evaluated the natural, physical and social systems related to this application, the Building and Land Development Division reaffirms its determination that approval of this application will not have a significant adverse impact on the quality of the environment and an environmental impact statement is not required. 3. The purpose of the request is to allow parking for employees of the adjacent transfer and storage company in the easterly one-third of the property and parking for transfer trucks and trailers in the central portion. The most westerly portion is intended to be leased or sold for other light manufacturing purposes. 4. The subject property was zoned SR and .SR (Potential CG) at the time of the Highline Area Zoning Study, adopted by Resolution No. 34529 on December 11, 1967. Prior to that time the zoning on the subject property was R7.2 (Residential Single'Family District). There is no indication in the record that a more intensive zoning classification than the above was requested or considered during the 1965 area zoning. 5. The property directly north, across 128th Street from the wester) 400 feet of the property, was reclassified ML subject to screening conditions in 1977 (249- 74 -P). This property, which is occupied by the intended lessee or purchaser of portions of the subject property (the Becker Transfer Co.), has placed about 510 trees and shrubs in th required peripheral screening of that site. The owner of this firm advised that the company has experienced considerable growth the past years and is seeking additional employee and truck parking space. Th present parking area is fully occupied by both, and employees are parking .on the surrounding streets. ML permits both types of parking, but CG would limit the expansion to employee parking lots. 6. The applicant asserted that industrial expansion in the immediate area is inevitable because of the proximity of industry to the north and the ready access to new freeway and industrial expressway routes. 7. Opponents who filed letters or testified at the hearing are seeking to preserve an existing residential area to the south and west of the site. Testimony indicated that many young families with elementary age children live in the area and attend a nearby school. They are concerned about the truck traffic and the gradual erosion of the line of demarcation between residence and industry. `easterly 370 feet more or less of the property and residential for the westerly 160 feet more or less. This designation corresponds with the existing potential zoning on the property. Ordinance 3747 requires, during the interval between Community Plan adoption and Area Zoning adoptiom that reclassification requests in the Iighline Area be judged by the Community Plan. The Highline Area Zoning has not been adopted as yet. 9. The application for ML is opposed by the Cities of Seattle and Tukwila: CONCLUSIONS: 1. Based upon the whole record and according substantial weight to the determination of environmental significance made by the Division of Building and Land Development, it is concluded that approval of the subject action as recommended below, would not significantly affect the quality of the environment. All evidence of environmental impact relating to the proposed action .and reasonable alternatives to the proposed action have been included in the review and consideration of the subject action.. 2. The request for ML is inconsistent with the Highline Communities Plan and would have an unreasonable impact on an existing residential community. 3. The reclassification to CG -P with certain limitations and conditions would carry out the Highline Communities Plan'and would be consistent with the intent of the 1965 area zoning. 4. Screening, landscaping and restoration of graded land outside of the potential CG property is essential in order to establish a more definite and defensible line of demarcation between residential and non - residential uses. RECOMMENDATION: Approve CG -P in lieu of ML for the. eastern 264' of the subject property subject to the following post- ordinance conditions: ,1. A plot plan to be approved by the Division of Building and Land Development showing circulation, access and parking layout. [2. A landscape plan showing a minimum landscape strip of 20' along the west and south property lines and 10' along South 128th Street as required by the adopted Highline Plan (page 35)(e). (3. A bond, the amount to be determined at the time of the plat plan submittal to insure the installation of the approved landscaping. 4 A plan for the restoration of ground cover in the westerly third of the subject property and, where feasible, on the cut slopes of the south and west boundaries of the applicant's ownership. ORDERED THIS 10th day of August, 1978. Pnhnr4- 1 {7vn 1 n i r-rh WAC 197 -11 -970 DETERMINATION OF NONSIGNIFICANCE Description of Proposal Development of an improved parking facility for employee parking and semi -truck trailers. Proponent PAC -TECH Engineering, Inc. Jeffrey D. Mann 6100 Southcenter Blvd., Suite 100 Seattle, WA. 98188 Location of Proposal, including street address, if any Southwest corner of South 128th St. and East Marginal Way. Lead Agency: City of Tukwila File No. EPIC 24 -89 The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. RI There is no comment period for this DNS (� This DNS is issued under 197 -11- 340(2). Comments must be submitted by . The lead agency will not act on this proposal for 15 days from the date below.• Responsible Official Position /Title Rick Beeler Planning Director Phone 433 -1846 Address 6200 Southcenter Boulevard, Date /ff z- :— 6,, 3(/7f7 Signature ;- WA 98 88 You may appeal this determination to the City Clerk at City Hall, 6200 Southcenter Boulevard, Tukwila, WA 98188 no later than 10 days from the above date by written appeal stating the basis of the appeal for specific factual objections. You may be required to bear some of the expenses for an appeal. %pies of the procedures for SEPA appeals are available with the City Clerk and lanning Department. FM.DNS TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR RECEIVED CITY OF TUKWILA JAN 1 8 1990 PERMIT CENTER In considering the request by Becker Transfer for a conditional use permit allowing parking of tractors and trailers in addition to the parking of employee vehicles which is presently allowed, interested residents respectfully bring the following areas of concern to your attention: 1. Traffic hazard involved in trucks exiting onto E. Marginal Way from S. 128th, due to the dangerous blind curve which obstructs the view south of S. 126th St. A 45' -48' truck pulling out onto E. Marginal Way from S. 128th St. would not be visible in time for through traffic to stop. The radius of turn for a large truck could present an impediment for both south and northbound traffic. The volume of traffic generated by Metro, Boeing and the Bank Computer Center among others demands further scrutiny. 2. Problems of surface water management emanating from the subject property. The problem of the flooding of S. 128th St. was created when the swamp, which is now the subject property, was filled and graded to become a parking lot. Waterflow generated from springs on the subject property has never been properly channeled. S. 128th St. readily becomes a lake which prevents its use in the area between Mr. Becker's north and south properties, with the lake extending westerly depending on the amount of rainfall. 3. The landscape design has provided a minimal plan for screening of the proposed truck terminal and storage yard. Residents would like to see a living wall of vegetation as required in 1979. The design totally neglects the vital provisions for maintenance of the landscaping materials to ensure their survival and optimum growth. A sprinkler system should be a minimum requirement and the employment of a qualified, approved, bonded landscape architect should be mandatory. A bond at maximum % should also be required of Mr. Becker. Landscape island requirements within the parking area need to be consistent with City requirements in Southcenter and elsewhere in Tukwila. An intrusion of this magnitude into a residential community needs to contribute not detract. 4. Threat to neighborhood security of an unfenced, visually screened, accessible parking area needs to be addressed. There is already a potential for liability from unauthorized use of the subject property. The subject property needs a security fence with gates which are locked after work hours (between 10:00 pm and 6:00 am and on weekends). A fence which is placed inside the landscaping will serve an aesthetic purpose as well as reduce fencing costs for Mr. Becker. BECKER TRANSFER ATTl9nUIRAFPIS' D TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between Industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. - The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line oL demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address (.3C 7 A.iE s CP rean�2r.r v� '/93/ /Yf3 /3792 -V:2 gy 3 % 60 /czer it TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR Signature �� e, /39,, - z?,,a /f v, • S o Address TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The Quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature 10, c,(1"4,1,1 ry.zzA__e_to 04a ,,,&/nor x(t `I 6!;-7-h4. Address 3m /) 6 3 o - 3 (/ a� f9_ /,9,Y - ci,A0_ 1 L /.� G- is- .) ?'. iasa 7 3s:7 f11:7 -) TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Us.e Permit 89 -3 -CU Design Review 89 -10 -DR 5. The Quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address I 4; Cf . s v:it ) 0 f �c Li 't. (Y. a�t.,m_i } � n � I '1\;■,(,Li 6:;›, \ ?,2 _5�;� `-rte. S . i.5VN - /Cre76 Cozy, • /3,-25-7 his ?J- 13,,25 -) L/ a Avg .. 5n (-/OE`1 I= . -WiaA-. 6 (elar j J TO: Tukwila Planning Commission DATE: 17 January 1990 RE: Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The Quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature 63' 1 C.L4 4 .' tom: Address i 3 3 / 2 y' aL . `l'y- TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential, uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature a, )rut- ,-- r c/ (/ /a14,/ 2,1i &Mr Address /,3.717 3,'"Sc, Ave. ve. S 136917- + Ave. Sa . 3Ycd . /3u-' /.3r/7 -, -1wiGn £&9- '',1-e- j -77,1,i /30Is- 3 &- d .1J /3 col - 4'e Ku). �� < /3 eo 7 -5-77' A - (71t1(4);-/A ift-2/1/ 35-2 , 5c., 13 li 5 2 -'� ;S. / I% 4/6� 13013 3r f Jz . S, TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The guality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address /5 ZOO /2_51 y06 tJ LL Jf 50. 4), )&4 /a /2f 3 7 / `t ATr- 3717 S 128 lac6'o 37 5 , }2. t'3,S 1213 ' 37 -S. 1 -3o/ 7 1/ /cif �• /307 5, TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit Design Review 89 -3 -CU 89 -10 -DR Address /34QC" - IhrAVA 4(% AV' S ° � y /,73 /'�` Lig2o S M4-. REVISED CONDITIONS BY THE CITY COUNCIL APRIL 2, 1990 Conditional Use Permit Conditions File 89 -3 -CUP 1. Applicant will provide a 150% cash assurance for the cost of landscaping to include materials, labor and maintenance. 2. Use of site will be confined to parking of employee automobiles, trucks, tractors and trailers. 3. Hours of operation of the site will be confined to the hours between 6:00 A.M. and 10:00 P.M. 4. Applicant will comply with conditions of approval within six months of approval date. (October 2, 1990) 5. A traffic study will be conducted to determine what will provide a safe intersection for automobiles. If a restriction of parking along East Marginal Way is deemed necessary, then an ordinance will be passed to provide for such restriction. Design Review Conditions File 89 -10 -DR Prior to issuance of Building Permit revise plan to include: 1. Deletion of entry point shown on plan off East Marginal Way. 2. Placement of wheelstops in parking spaces adjacent to landscape areas. 3. Increase height of new landscaping /screening so that it will be a minimum of 10 feet high at installation. 4. All new landscaping areas will be automatically irrigated. Landscaping along the East Marginal Way property line will be enhanced to provide the same level of screening required along the south and west property lines. This requires the addition of shrubs and trees with the trees plaited at 4 feet on center. The species will be identical•to those planted on the adjacent property lines. 5. Provide a drainage system plant that will eliminate the flooding problem on South 128th Street. Plan will be approved by the City Engineer prior to issuance of Building Permit. 6. Applicant will be required to install a security fence around the property with locking gates at entries. An eight foot high cyclone fence will be located inside the planting buffer and will include an additional two feet of barbed - wire at the top. 7. Revise landscape plan in the Southwest corner to decrease erosion that is currently occurring by retaining original landscape plan with the addition of erosion - resistant planting on slope and provide a curb to protect wall /edge of hillside from damage by automobiles. /1/4.01`I611 1 1V11/1L. .I11 1v1• 5. PRESENT USE OF PROPERTY:Employee parking, . ' - ' - ( 1 truck trailer parking (unimproved lot). 6. PROPOSED CONDITIONAL USE REQUESTED (from list in TMC 18.64.020): Conditional uses listed in the specified use district. 7. ADJACENT North: Becker Transfer Company -*Truck terminal LAND South: Residential single family homes USES East Vacant property West Residential single family homes. .8. DETAILED DESCRIPTION OF PROPOSED USE (for example, describe the manufactur- ing processes used, wholesale /retail /warehouse functions, outside storage of goods or equipment or other information which will facilitate understanding of the activities you proposed to develop on this site): trailers. 9. Will the conditional use be in operation and /or a building to house the use be started within a year of issuance of the permit? Yes 10. Describe the manner in which you believe that your request for a Conditional Use Permit will satisfy each of the following criteria as specified in TMC 18.64.030 (attach additional sheets, if necessary). A. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is situated. • RESPONSE: Operations on the site will primarily occur during normal business hours. The site will be heavily screened by landscaping on boundaries abutting residential areas. The site is adjacent to East Marginal Way which serves industrial traffic. No lighting is proposed. Landscaping will mitigate potential detriment to surounding properties. B. The proposed use shall meet or exceed the performance standards that are required in the district it will occupy. RESPONSE: The site has provided 15 to 22.5 feet of lanscaping as required by the Tukwila Municipal Code. Trees will be planted at an initial 6 feet (1 foot over the minimum of five feet). Screening trees will be planted 4' on center which will provide a total site obscurring buffer. CONDITIONAL USE APP' - :AT1ON Page 3 10. (continued) The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design. RESPONSE: No buildings are proposed. The proposed use will be compatible with the existing industrial uses in the area and will use the same materials for ingress and egress. D. The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan. RESPONSE: Comprehensive planning efforts as part of the annexation designated this site for commercial /manufacturing uses. The site will propose a low intensity use that is well buffered to providr compatibility and consistancy with land use policies. E. All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. RESPONSE: Screening of the site will mitigate potential aesthetic impact. The site will have a relatively low traffic Qeneration_and —will only use East Marginal Way for access. Storm drainage will be provided to handle storm water from the parking area_ There. will bp no nn -site lighting. • • • • The southern intersection of East Marginal Way South and South 128th Street, and the proposed driveway on East Marginal Way South do not meet the required entering sight distances for either passenger vehicle or combination trucks. The intersection of East Marginal Way South and South 128th Street has insufficient stopping sight distance in both directions. Only vehicles traveling north on East Marginal Way South will have adequate stopping sight distance for the proposed driveway. Both of the proposed driveways on South 128th Street meet the required entering sight distances for both passenger vehicles and combination trucks. Stopping sight distances are also sufficient for both driveways in both directions. B. Accident History: Accident information for the intersection of East Marginal Way South and South 128th Street was obtained from the City of Tukwila Department of Public Works. Only one accident has occurred at the intersection during the past three years. This accident occurred on July 22, 1993, due to driver inattention and there were no injuries, only property damage. C. Left Turn Lanes: The need for left -turn lane facilities at the intersection of East Marginal Way and South 128th Street was evaluated according to AASHTO's A Policy on Geometric Desiin of Highways and Streets. According to information provided by Becker Transfer it was determined that the peak hour would be from 6:30 a.m. to 7:30 a.m., the time period when all 45 employees arrived. The employee arrival patterns and volumes were assigned and are shown in Figure 2. The results of the evaluation indicated that the traffic volumes are too low to warrant a left turn lane on East Marginal Way South at the South 12 Sth Street intersection. W. CONCLUSION /SUMMARY According to the findings of this report it is recommended that the proposed parking lot be limited to only the two access locations on South 128th Street. This recommendation is based upon the following: 1. Entering sight distance for the proposed driveway on East Marginal Way is not adequate. 2. Stopping sight distance for the proposed driveway on East Marginal Way is not adequate in both directions. 3. The recommendation from the City of Tukwila that the intersection be restricted to an exit only would not promote a "safe" environment due to the lack of sight distance. 5 v November 12, 1993 City of Tukwila, City Council and Mayor 6300 Southcenter Boulevard Tukwila, WA 98188 RE: Board of architectural Review Public Hearing Case Number L93 -0058 Becker's Trucking Expansion Dear Council Members and Mayor. I would like to bring to your attention regarding the need to involve the South Central School District on the decision to issue this Conditional Use Permit. I have been involved on the reversal of a City of Seattle permit to Waste Management, in a site by the First Avenue Bridge. During arguments in front of Hearing Examiner, I became aware that trucks, going to and from industrial areas; were a major concern. The School District have a responsibility to protect students that walk to school. The existing Community Center site belongs to the South Central Schools, there is the strong possibility that it will return to its former use. Allentown lost its school site to a Tukwila Park, the new Sports Play -Field was also a School location. There is a great amount of hope for the increase of single family homes in Tukwila. The City of Tukwila has a duty to protect the quality of life and safety of future residents of its allocated SF zones. The hill north of 128th is zoned SF, this site is a stone throw from Becker's. The approval of this permit could adversely affect its development. You may possibly be in violation of the American with Disabilities Act, since the Community Center is a Public Facility and walking access is unsafe for children and people. I am referring to the very ackward situation for wheelchairs, bicycles and pedestrians crossing 133rd or East Marginal Way to East side of 42th avenue towards the Schools or, Community Center. The speed on the street is 30 miles per hour, but frequently, I have seen police giving tickets to speeders. The area across Becker's is also a dangerous crossing for vehicles and pedestrians. November 12, 1993 - page 2, Becker's. I would like the City to study the possibility of working with King County to purchase all of Becker's property at a fair market value. This property could address the need for senior and other subsidized housing, together with support services. I will be very thankful if you could address these possibilities and requests. Sincerely Jackie Llinas Dempere 4033 South 128th St. Tukwila, WA 98168 cc: South Central School Board v TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The Quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address Alb AI wl� �� zi/xLili q,c___Aeoi-f'e TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3-CU Design Review 89 -10 -DR R2CLIVED CITY OF TUKW'ILA JAN 1 8 1990 PERMIT CENTER In considering the request by Becker Transfer for a conditional use permit allowing parking of tractors and trailers in addition to the parking of employee vehicles which is presently allowed, interested residents respectfully bring the following areas of concern to your attention: 1. Traffic hazard involved in trucks exiting onto E. Marginal Way from S. 128th, due to the dangerous blind curve which obstructs the view south of S. 126th St. A 45' -48' truck pulling out onto E. Marginal Way from S. 128th St. would not be visible in time for through traffic to stop. The radius of turn for a large truck could present an impediment for both south and northbound traffic. The volume of traffic generated by Metro, Boeing and the Bank Computer Center among others demands further scrutiny. 2. Problems of surface water management emanating from the subject property. The problem of the flooding of S. 128th St. was created when the swamp, which is now the subject property, was filled and graded to become a parking lot. Waterflow generated from springs on the subject property has never been properly channeled. S. 128th St. readily becomes a lake which prevents its use in the area between Mr. Becker's north and south properties, with the lake extending westerly depending on the amount of rainfall. 3. The landscape design has provided a minimal plan for screening of the proposed truck terminal and storage yard. Residents would like to see a living wall of vegetation as required in 1979. The design totally neglects the vital provisions for maintenance of the landscaping materials to ensure their survival and optimum growth. A sprinkler system should be a minimum requirement and the employment of a qualified, approved, bonded landscape architect should be mandatory. A bond at maximum % should also be required of Mr. Becker. Landscape island requirements within the parking area need to be consistent with City requirements in Southcenter and elsewhere in Tukwila. An intrusion of this magnitude into a residential community needs to contribute not detract. 4. Threat to neighborhood security of an unfenced, visually screened, accessible parking area needs to be addressed. There is already a potential for liability from unauthorized use of the subject property. The subject property needs a security fence with gates which are locked after.work hours (between 10:00 pm and 6:00 an and on weekends). A fence which is placed inside the landscaping will serve an aesthetic purpose as well as reduce fencing costs for Mr. Becker. BECKER TRANSFER ATTACH M1AENT TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line og demarcation w beteen industries and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address 0) rf\, c 1,1E7 /B`--64/ -4'zs1 t3`ticc Lt'Z" -° Pmt s Gi pea c'� -f Ly921 v /ye A 13792.-V:.2 --/q3/. Sv /YeP?� r� `ri'�5 S; TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR Signature. Address /n_t S /39/9 1 /d,r)rtiiv� .50 7r` TO: DATE: RE: 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. • 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address c .44 'fv,(-1})_,70 oeq," JtL�:� 1, /•�c `C Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR , 9 47/. 1C / 6 / 3o- 3 /-r/` ,9 7 1. /; ��' fp/h04.yf /257 3S fl ✓� Ste, TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit Design Review 89 -3 -CU 89 -10 -DR 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature (!) (Lt -11) . 1_411D-tit; m . (i.jJ c.) ,p)394_17). 0) 1\ LLo& Address / 32.SS �k:, � ou,Q,. /34/6e7 L /(7 4c re& /3057 y2$ - d.:.. l 3,25") 7 Avg . , sn P36.3 is - AVM . e (eid, TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 1 5. The auality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. • 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address ' a4. 104,44_ FP/68 /2V) ; :, f147 (, f: >' • /30 3/ 3%a . t3'�Lf'4�G✓ TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The Quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature Address a, Y4 ..._, (1(die-cr IfE , L c'✓ink_% / �717 v 2?-r-c Au‹. S o /302/7- 3.(0 Ave_ $a . 3g10 _ eLI /3V, � 3c�/ 137 /7jitLe j 7 7 / 4 pit-/ �30Is -3"3 6 ' 0 7 - /6. (4. q ( u 35 2 L: 122 a 5 T' 13013 3,)%i4oz:.. . l ?r'Y. � �37 /42 S TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit 89 -3 -CU Design Review 89 -10 -DR 5. The quality of paving of the subject property needs to be spelled out in detail; likewise, curbing inside the parking area. A surface which will not break down under truck use is important. Mud carried on truck and employee vehicle tires is transferred onto city streets creating nuisance conditions for drivers and residents. 6. Precedence for a line of demarcation between industrial and residential uses was established by King County in an August 10, 1978 hearing. Tukwila was fully in support of the community's efforts to maintain their residential base. We earnestly petition that the City of Tukwila reaffirm that position. Respectfully submitted, Signature ,95g®® tARce l ►. ,(L U So . `6 t �1�4 �! '� 200-2_ E , tc)ki 5, �.� IV /- p, /5L f 3 7'` - Jcf- 37jL 5 12S Address 11c6-0g, 3-itti 5, EZT3S 3-7 411 3 12I1/43,- 39 A4-4-4-3-0- 1349/ 7 y /jf S• /3Y7. 1P1"e. TO: DATE: RE: Tukwila Planning Commission 17 January 1990 Becker Transfer Conditional Use Permit Design Review 89 -3 -CU 89 -10 -DR Address tOE -4 r& /3.uaS' 4/ri- 4e. J3a- 4(% AU! Sc' /7 442o REVISED CONDITIONS BY THE CITY COUNCIL APRIL 2, 1990 Conditional Use Permit Conditions File 89 -3 -CUP 1. Applicant will provide a 150% cash assurance for the cost of landscaping to include materials, labor and maintenance. 2. Use of site will be confined to parking of employee automobiles, trucks, tractors and trailers. 3. Hours of operation of the site will be confined to the hours between 6:00 A.M. and 10:00 P.M. 4. Applicant will comply with conditions of approval within six months of approval date. (October 2, 1990) 5. A traffic study will be conducted to determine what will provide a safe intersection for automobiles. If a restriction of parking along East Marginal Way is deemed necessary, then an ordinance will be passed to provide for such restriction. Design Review Conditions File 89 -10 -DR Prior to issuance of Building Permit revise plan to include: 1. Deletion of entry point shown on plan off East Marginal Way. 2. Placement of wheelstops in parking spaces adjacent to landscape areas. 3. Increase height of new landscaping /screening so that it will be a minimum of 10 feet high at installation. 4. All new landscaping areas will be automatically irrigated. Landscaping along the East Marginal Way property line will be enhanced to provide the same level of screening required along the south and west property lines. This requires the addition of shrubs and trees with the trees plaited at 4 feet on center. The species will be identical to those planted on the adjacent property lines. 5. Provide a drainage system plant that will eliminate the flooding problem on South 128th Street. Plan will be approved by the City Engineer prior to issuance of Building Permit. 6. Applicant will be required to install a security fence around the property with locking gates at entries. An eight foot high cyclone fence will be located inside the planting buffer and will include an additional two feet of barbed - wire at the top. 7. Revise landscape plan in the Southwest corner to decrease erosion that is currently occurring by retaining original landscape plan with the addition of erosion - resistant planting on slope and provide a curb to protect wall /edge of hillside from damage by automobiles. ,ONUI 1 IUNAL UJC Art-, .A 1 IUN royz, 5. PRESENT USE OF PROPERTY:Employee parking, truck trailer parking (unimproved lot) . 6. PROPOSED CONDITIONAL USE REQUESTED (from list in TMC 18.64.020): Conditional uses listed in the specified use district. 7. ADJACENT North' Becker Transfer Company —*Truck terminal LAND South: Residential single family homes USES East Vacant property West Residential single family homes 8. DETAILED DESCRIPTION OF PROPOSED USE (for example, describe the manufactur- ing processes used, wholesale /retail /warehouse functions, outside storage of goods or equipment or other information which will facilitate understanding of the activities you proposed to develop on this site): trailers. 9. Will the conditional use be in operation and /or a building to house the use be started within a year of issuance of the permit? Yes 10. Describe the manner in which you believe that your request for a Conditional Use Permit will satisfy each of the following criteria as specified in TMC 18.64.030 (attach additional sheets, if necessary). A. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is situated. RESPONSE: Operations on the site will primarily occur during normal business hours. The site will be heavily screened by landscaping on boundaries abutting residential areas. The site is adjacent to East Marginal Way which serves industrial traffic. No lighting is proposed. Landscaping will mitigate potential detriment to surounding properties. B. The proposed use shall meet or exceed the performance standards that are required in the district it will occupy. RESPONSE: The site has provided 15 to 22.5 feet of lanscaping as required by the Tukwila Municipal Code. Trees will'be planted at an initial 6 feet (1 foot over the minimum of five feet). Screening trees will be planted 4' on center which will provide a total site obscurring buffer. CONDITIONAL USE APP' - aATION Page 3 10. (continued) The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design. RESPONSE: No buildings are proposed. The proposed use will be compatible with the existing industrial uses in the area and will use the same materials for ingress and egress. D. The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan. RESPONSE: Comprehensive planning efforts as part of the annexation designated this site for commercial /manufacturing uses. The site will propose a low intensity use that is well buffered to providr compatibility and consistancy with land use policies. E. All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. RESPONSE: Screening of the site will mitigate potential aesthetic impact. The site will have a relatively low traffic generation and will only use East Marginal Way for access. Storm drainage will be provided to handle storm water from the parking area_ There will he no on —Site lighting. • • • • The southern intersection of East Marginal Way South and South 128th Street, and the proposed driveway on East Marginal Way South do not meet the required entering sight distances for either passenger vehicle or combination trucks. The intersection of East Marginal Way South and South 128th Street has insufficient stopping sight distance in both directions. Only vehicles traveling north on East Marginal Way South will have adequate stopping sight distance for the proposed driveway. Both of the proposed driveways on South 128th Street meet the required entering sight distances for both passenger vehicles and combination trucks. Stopping sight distances are also sufficient for both driveways in both directions. B. Accident History: Accident information for the intersection of East Marginal Way South and South 128th Street was obtained from the City of Tukwila Department of Public Works. Only one accident has occurred at the intersection during the past three years. This accident occurred on July 22, 1993, due to driver inattention and there were no injuries, only property damage. C. Left Turn Lanes: The need for left -turn lane facilities at the intersection of East Marginal Way and South 128th Street was evaluated according to AASHTO's A Policy on Geometric Design of Highways and Streets. According to information provided by Becker Transfer it was determined that the peak hour would be from 6:30 a.m. to 7:30 a.m., the time period when all 45 employees arrived. The employee arrival patterns and volumes were assigned and are shown in Figure 2. The results of the evaluation indicated that the traffic volumes are too low to warrant a left turn lane on East Marginal Way South at the South 12Sth Street intersection. IV. CONCLUSION /SUMMARY According to the findings of this report it is recommended that the proposed parking lot be limited to only the two access locations on South 128th Street. This recommendation is based upon the following: 1. Entering sight distance for the proposed driveway on East Marginal Way is not adequate. 2. Stopping sight distance for the proposed driveway on East Marginal Way is not adequate in both directions. 3. The recommendation from the City of Tukwila that the intersection be restricted to an exit only would not promote a "safe" environment due to the lack of sight distance. 5 November 12, 1993 City of Tukwila, City Council and Mayor 6300 Southcenter Boulevard Tukwila, WA 98188 RE: Board of architectural Review Public Hearing Case Number L93 -0058 Becker's Trucking Expansion Dear Council Members and Mayor. I would like to bring to your attention regarding the need to involve the South Central School District on the decision to issue this Conditional Use Permit. I have been involved on the reversal of a City of Seattle permit to Waste Management, in a site by the First Avenue Bridge. During arguments in front of Hearing Examiner, I became aware that trucks, going to and from .industrial areas, were a major concern. The School District have a responsibility to protect students that walk to school. The existing Community Center site belongs to the South Central Schools, there is the strong possibility that it will return to its former use. Allentown lost its school site to a Tukwila Park, the new Sports Play -Field was also a School location. There is a great amount of hope for the increase of single family homes in Tukwila. The City of Tukwila has a duty to protect the quality of life and safety of future residents of its allocated SF zones. The hill north of 128th is zoned SF, this site is a stone throw from Becker's. The approval of this permit could adversely affect its development. You may possibly be in violation of the American with Disabilities Act, since the Community Center is a Public Facility and walking access is unsafe for children and people. I am referring to the very ackward situation for wheelchairs, bicycles and pedestrians crossing 133rd or East Marginal Way to East side of 42th avenue towards the Schools or, Community Center. The speed on the street is 30 miles per hour, but frequently, I have seen police giving tickets to speeders. The area across Becker's is also a dangerous crossing for vehicles and pedestrians. November 12, 1993 - page 2, Becker's. I would like the City to study the possibility of working with King County to purchase all of Becker's property at a fair market value. This property could address the need for senior and other subsidized housing, together with support services. I will be very thankful if you could address these possibilities and requests. Sincerely Jackie Llinas Dempere 4033 South 128th St. Tukwila, WA 98168 cc: South Central School Board Planning Commission Minutes Page 6 November 18, 1993 residential streets. All of our access to the site would be either North or South on East Marginal Way, and we would not use residential streets to access this site. There had been some concern because there had been some construction in the area, and some trucks had used the residential streets at that time. We're saying that we're going to get to this site from East Mari inal Way, whether North or South. How we turn into it, we have a driway on East Marginal Way an o course we can get into it on 128th. S bA You'll notice the landscaping on the site, on two of the boundaries, 22.5' in width is fairly wide landscaping area. That's because of the zoning and relationship to the surrounding zoning districts and land uses. Those two boundaries require 15' plus 50% of that for a total of 22.5'. Again, the use is limited to employee parking, trucks, tractors, and trailers. The surrounding land use consists of Becker Trucking to the North, to the south is one single family home, and it is sandwiched between this property and some older commercial property. There has never been any concerns raised by that resident who lives in that home. To the East is an open space area, undeveloped. The other half of the site across from East Marginal Way, there are two homes. So really, there is only one home that abuts the site, and that is the one directly to the North. There are two directly to the east. To the West, is a vacant piece of property. The closest single family home to the West is about 300' away. Mr. Malina - On the two entrances off of 128th, why, in this drawing, does the one access have a niche out of it - -at the access point? Why does it curve in? Jeff Mann - The intent there is to have a full width commercial driveway. Mr. Malina- How many feet are between the other access point? Jeff Mann- It appears to be about 30' also. Again, because of the significant landscaping buffer, the parking is considerable into the site. The drive -in is 30' which is significantly wider than the normal parking lot that you'd find, which is roughly about 25'. Mr. Malina - The main entrance to this site on East Marginal Way -- How many feet are in there? Jeff Mann- It looks to me that it is about 25'. Mr. Malina - And that is wide enough for your tractor - trailer rigs? Jeff Mann- Yes. I expect that most of the activity in that driveway will be exiting activity rather than entering. Most of the entering activity will occur from the main terminal site to the North. Again, there is sufficient site distance on East Marginal Way so cars and trucks can enter that driveway. Mr. Malina- So you're saying that this is going to be the only use - the access off of East Marginal Way? 1.�. '4 Planning Commission Minutes November 18, 1993 and then Mr. Becker knows what he needs to have there in order to keep people out. Otherwise, we do concur with your staff report and recommendations, we do concur with the condition on there for the bonding and the six month time limit, we concur with the assessment of the compatibility of the comprehensive plan and with zoning, and we would ask for your approval based on those conditions with the amendment to add the fencing condition on the site. Page 9 Mr. Roland Becky_- President of Becker Trucking, 12677 East Marginal Way South. We would like to put all of our empty trailers here. We're trying to eliminate movement of trailers. We would like to increase our efficiency as much as possible. What we have here, on the north side, is some heavy trees and a lot of parking. This turn here, is somewhat hazardous. For. r P r c.adi,Mr. Mang sai we.have,15.. mile s w e 5� We would like to put a fence up for safety. We would like to keep kids out. The fence on the inside would help us maintain security..we could monitor the fence to make sure there are no holes in the fence. Mr. Meryhew - How tall is the fence? Mr. Becker - It is a 6' fence with barbed -wire on top. The total height would probably then be 6.5'. If the vegetation does what it is supposed to, you probably won't even see the fence. As far as the irrigation, if it is an issue, then we would like to put it in. It doesn't make sense to spend that much money on trees and take a chance on losing them. Mr. Malina- Would you be opposed to a drip- system? Mr. Becker - No. Mr. Malina - Would you also be opposed to having a green colored chain link fence to help provide some better screening? It would better blend with the landscape. Mr. Becker - I don't know what the difference in cost would be. Len Horn - I just did a quick mental picture after he agreed to the fence as to what this scenario is going to look like from all four sides. The way it is going to appear - you are . going to have a 4' berm and a 3' berm. The mass of the trees are going to compose the bottom 3', 4', 5' of the 10' to dig those in. You may not see this fence. I don't think the extra expense of slats, is a necessary expense. Except for the gates, it's just not going to be a visible fence. Especially on the south and the west - no one lives there to see it anyway, and on the north side, they have their own facility looking at the fence. It appears to me that the only place that a fence would be visible would be the one access point off of East Marginal Way. Mr. Becker - We want to maximize efficiency and safety, and minimize traffic. The gate will be a key system. We will open it up at 6:00 a.m. and lock it at 10:00 p.m. Planning Commission Minutes November 18, 1993 Page 20 maintained his own equipment. The last issue is the noise level. Our entire fleet is equipped with Cummins power. It is the most quiet diesel engine on the market today. We will always be running Cummins power. What is the noise problem? y is it the brakes, is it the dock plates? p Is it the engine, Mr. Meryhew - Mr. Kennedy isn't here to make a rebuttal. Maybe he's referring to the start -up..I don't know. Mr. Mann - I would like to get back to the lighting issue. In our original application, was never an issue with the Planning Commission...that's why we're not sure of our site plan. I think Mr. Becker has indicated that they do have sufficient lighting and was not a condition previously. I think the Beckers have received a good message about workin with the neighborhood - -they are trying to be pro- active. g Mr. Meryhew closed the public hearing at 12:00 a.m. Mr. Meryhew - They're going to have a fence, 6' chain link, barbed wire on the landscaping- irrigated, wheel stops before you get to the fence... top, Mr. Malina - I do have a concern regarding the trucks driving either no south East Marginal Way. I can understand the concerns of the residents of the cormmu on Unfortunately, we have a small gathering from that area. I do see a future need--we ty control the truck traffic in the residential neighborhood. I don't see it too far fetched, to control the traffic going north on Marginal versus south, turning toward the bus barn versus coming down through the residential. Mr. Haggerton - I don't see how you can do that though..how are you going to control all the buses, etc. Mr. Knudson -In trying to push everybody back to the north - -I see that as more of a traffic hazard and road jam. Their access is to get to the freeway. Mr. Haggerton- On the East Marginal entry way than 128th..128th is a City street..if that's t a safe rpla e for entrance and exits that's safer Marginal, it should be made safe. It looks like that should be the logical way to a n roach it, instead of making a new entry/exit way. pP Mr. Meryhew - I have a hard time understanding why it makes a difference. I think the City Engineer is the expert on this...if they say that the exit is better, then they must know what they're talking about. . Mr. Meryhew - I have a problem with the lighting—as even car theft. Low level lighting could be provided, while not infringing t and neighborhood. p 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Not applicable. C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other water? If so, describe. Runoff will occur as a result of rain water collecting on the paved parking lot surface. Catch basins will be utilized to collect storm water which will be piped .to a retention pond on the northerly boundary of the site. The retention pond will meter and control off - site volumes and will be collected in the City of Tukwila storm drainage system, which will eventually conduct it to the Duwammish River. 2) Could waste materials enter ground or surface waters? If so, generally describe. See 3A.6 d. Proposed measures to reduce or control surface, ground, and runoff water impacts, any: See Item 3C.1 4. Plants a. Check or circle types of vegetation found on the site: X deciduous tree: alder maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs X grass _ pasture _ crop or grain _ wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other _ other types of vegetation b. What kind and amount of vegetation will be removed or altered? Existing vegetation in areas which are proposed for paving will be cleared and vegetation removed. 5 • 12.• Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? )uthgate Park located at South 134th Street and 40th venue. Rainier Golf and Country Club located to the northwest at Glendale Way South and Des Moines Way South. b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Not applicable 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site Not applicable c. Proposed measures to reduce or control impacts, if any: Not applicable -4. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Access to the site would be provided from South 128th Street and East Marginal Way. See site plan. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes, East Marginal Way at South 130th Street. c. How many parking spaces would the completed project have? How many would the project eliminate? The site would provide 48 employee parking spaces, as well as 17 trailer space parking spots. No parking spaces would be eliminated. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No 10 Will the project use (or occur in the immediate vicinity of) water, roil, or air ensportation? If so, generally describe. No f. T'nw many vehicular trips per day would be generated by the completed project? If k .i, indicate when peak volumes would occur. Approximately 70 -80 vehicle trips per day. . g. Proposed measures to reduce or control transportation impacts, if any: Restriction of access to South 128th will reduce potential impacts on East Marginal Way. Access path will be restricted to East Marginal Way and 128th. Traffic by employees or trucks will not go westbound on 128th into residential areas. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally.describe. lvo b. Proposed measures to reduce or control direct impacts on public services, if any. got applicable 16. Utilities a. Underline utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. the site will require storm drainage service. b scribe the utilities that are proposed for the project, the utility providing the z, and the general construction activities on the site or in the immediate vicinity vhich might be needed. Surface water will be collected on -site and conducted :o City of Tukwila Storm Drainage facilities by way of in on -site control /retention facility. :. SIGNATURE The above answers are true and complete to the best of my knowledge. 1 understand that the lead agency is relying on them to make its decision. Signature:(.ffyc - b Date Submitted. 00 1 cj3 11 Tukwila's Council & Mayor 6300 Southcenter Boulevard Tukwila, WA 98188 Dear Council Members and Mayor, This letter is to bring problems that have developed the main appellant, although by a number of other Tukwila 4033 S. 128th St. Tukwila, WA 98168 February 4, 1994 to your attention several with an appeal on which I am it is also signed and supported citizens. The issues on appeal are important, difficult, and with far reaching effects on the lives of many residents and property owners. Several times, I have requested the transcripts of the minutes from the public hearing of November 18, 1993. As of today, I have yet to receive them. I have experienced stonewalling. I now learn that subsequent to the November 18th meeting, another meeting took place and changes were made to the transcripts. I was not notified of this meeting nor that one of the subjects was going to be this appeal. As the appellant, I have a special interest in being informed of any issues related to this permit. Notice in the newspaper of a planning commission meeting on an unscheduled or regularly scheduled date is not enough. I had no way of knowing that the issue of my appeal would be addressed at this meeting. I am formally requesting that the public hearing scheduled for February 22nd be delayed. I base my request under the principles of "procedural due process" of the 14th amendment to the U.S. Constitution. i As the appellant I am entitled to a fair hearing, adequate time to prepare, and timely information among other rights. I need to bring to your attention the problems I experience as a citizen with English as my second language. Translation of my verbal comments during your council meetings are many times in total opposition to what I have. said. Lack of understanding as to the very serious issues I have brought before the council is of grave concerns to me. In order to remedy the aforementioned problems I hereby formally request: 1. Information which includes written transcripts of the appeal hearing of November 18, 1993, and unaltered or unedited audio tapes of all the meetings with the planning commission that have to do with my appeal. 2. A new hearing be scheduled six weeks from the time I am provided with all, the requested information. Yours truly, Jackie Dempere g City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director February 11, 1994 Jackie Dempere 4033 s. 128th Street Tukwila, WA 98168 Subject: Becker Trucking - Appeal Dear Ms. Dempere: This letter summarizes our phone conversation today. In your letter received February 4, 1994, you requested transcripts and tapes from previous Planning Commission hearings related to the Becker Trucking CUP. I had attempted to contact you by phone on two occasions, February 9th and 10th, to inform you that the appeal hearing date is February 28 and to inform you that the written minutes have been mailed to you. I stated the applicant was not in agreement to postponing the hearing to March, but agreed to February 28. You informed me today that you had received the written minutes of the November 18 and January 27 Planning Commission meetings. As you are aware, it is common that minutes, unless transcribed verbatim, do not include all information presented at a hearing. You had also requested copies of the tapes for each of the two Planning Commission meetings. It was my intention to get a verbal ok to pay for the cost of the tapes prior to sending them to be duplicated. You provided this ok to me today and agreed to pay a $15 fee for each tape. The tapes should be available Tuesday afternoon. You will be contacted by the City when they are ready to be picked up. I have included the Notice of Public Hearing with this letter. This letter and notice has also been mailed to all appellants as listed in your Notice of Appeal. As the notice states, the February 28 appeal hearing is a limited public hearing where testimony will be taken only from the appellants, the applicant and City staff. Please feel free to contact me if you have any additional questions. I can be reached at 431-3663. Sincerely, Denni Shefrin Associate Planner cc: L93 -0058 Robert Bernhardt 2.465440 Curtiss Robinson Sharon Bemhardt Shirley Robinson 2.4 30 Z William Cavanaugh Donald Scanlon Elizabeth Springer 630JSouthcenter Boulevard Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431 -3665 MEMORANDUM TO: DENNI SHCEFRIN, CITY OF TUKWILA. FR: JEFF MANN, PACTECH ENG-RAMMING DT: FEBRUARY 7, 104 RE: BECKER TRUCK G DELAY IN APPEAL I have conferred with Mr. Roland Becalm: of Becker 'Transfer and discussed the phone calls we received regarding moving the appeel hearing to March 14, 1994. The impression both he and I were given was that something had occurred internally that required that it be moved. We were not aware that it was 2. letter from the applicant that requested the delay. I received the letter today at the City. Mr. Becker would like to retain the February 22nd date for the appeal hearing. . Thank you. -TECH Erigineeong, Inc. Tukwila's Council & Mayor 6300 Southcenter Boulevard Tukwila, WA 98188 Dear Council Members and Mayor, This letter is to bring problems that have developed the main appellant, although by a number of other Tukwila 4033 S. 128th St. Tukwila, WA 98168 February 4, 1994 to your attention several with an appeal on which I am it is also signed and supported citizens. The issues on appeal are important, difficult, and with far reaching effects on the lives of many residents and property owners. WI) P U \ fvEee .D)esin Several times, I have'requested the transcripts of theN1 minutes from the public hearing of November 18, 1993. As ofLL►L1 P0116 today, I have yet to receive them. I have experienced Gq'GEDig0 agAimE stonewalling. ► 1 eA _' o V Pia► r r V` NCi, I now learn that subsequent to the November 18th �■) , .)L \J)p,, cxnP meeting, another meeting took place and changes were made to.'i -IZ the transcripts. I was not notified of this meeting nor that \11A. one of the subjects was going to be this appeal. As the 4' appellant, I have a special interest in being informed of '`> 1125 any issues related to this permit. Notice in the newspaper of a planning commission meeting on an unscheduled or regularly scheduled date is not enough. I had no way of knowing that the issue of my appeal would be addressed at this meet ing . _,nD ► I am formally requesting that the public hearing scheduled for February 22nd be delayed. I base my request under the principles of "procedural due process" of the 14th amendment to the U.S. Constitution. Na m., 61204r 51 ‘ AO W �� maw) 1.00 CotIu if1 l kil ltD CA)E17 • C 1iy D\ D N6r ) �� ��� And V V-1./.11P/VA 11lll(�1C14TG_ ►n�� �Ci1 LI `) 5)-P424, k, Nei" kacE ID -PWW#viur As the appellant I am entitled to a fair hearing, adequate time to prepare, and timely information among other rights. I need to bring to your attention the problems I experience as a citizen with English as my second language. Translation of my verbal comments during your council meetings are many times in total opposition to what I have said. Lack of understanding as to the very serious issues I have brought before the council is of grave concerns to me otW Sw/IC 6P5-4104 A • NG� In order to remedy the aforementioned problems I hereby jL� ►1 ,5 formally request: 4 1. Information which includes written transcripts of the peal hearing f November 18, 1993 and unaltered or unedited audio tapes of all the meetings with the planning commission that have do with my appeal. ---\-401\S.% On5r, P- poi 1e l� � s� 3 . the 2. A new hearing be scheduled � six weeks from time I am provided with all the requested information. Yours truly, Jackie Dempere • 1 x /4) (esex,Pleoepli om L- 1 F. Facilities EXCLUDED from Coverage Under This Permit Ecology will not consider coverage for the following facilities: 1. Any facility subject to an existing effluent limitation guideline addressing storm water or a combination of storm watcr and process water, (Section B of Appendix #1); these facilities need to obtain a NPDES permit for storm water discharges associated with industrial activity; 2. Nonpoint source silvicultural activities; such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff as excluded in 40 CFR Subpart 122.27; 3. Industrial facilities which only have storm water discharges from office buildings and /or administrative parking lots which do not have storm water discharges commingled with storm water discharges from areas associated with industrial activity; 4. Facilities that are federally owned or operated or arc on Tribal land; 5. Any facility covered under an existing NPDES individual or general permit in which storm water management or treatment requirements or both are included for all storm water discharges associated with industrial activity. S3. DISCHARGE PROHIBITIONS A. Discharges to a storm sewer or surface water of process wastewater, domestic wastewater or non - contact cooling water not covered by a NPDES permit are prohibited. B. Discharges of storm water to sanitary or combined sewers shall be limited pursuant to Chapter 173 -245 WAC. Discharges of storm water to sanitary sewers shall not occur without the approval of the municipality which owns or operates the sanitary sewer system. S4. COMPLIANCE WITH STANDARDS A. This permit does not authorize the violation of ground watcr quality standards (Chapter 173 -200 WAC), surface water quality standards (Chapter 173 -201 WAC), or sediment management standards (Chapter 173 -204 WAC) of the state of Washington. Facilities that are in compliance with these standards must rcmain in compliance. Facilities that are out of compliance with these standards will he required to come into compliance through the application of BMPs in accordance with the schedule established in Special Condition SI. Facilities not in compliance with standards following the implementation of BMPs will be identified in accordance with Special Condition S7 and will be considered for a further compliance schedule. Ecology reserves the right to take appropriate action for the protection of human health or where standards violations require more immediate action due to obvious and severe violations. I() ( ac1 to ) Ye, s kc (►'l't pJ vvt Ci. \) eci etak d \-c✓ Gswak) 3 p c.3e s Sand � I C-o,k t 5er G y vJa6he v" f Eh v 0rbdva6(14 a st aYa�or 3 pa3es oil /v� `P Coalesct Ply a ce,t i rEerv-I ctdv 1 P l wc,■/li no 'D._ c)cLV . ra,t ocP , Biauc and a� l 10a5ihS Ct CA�rIec k.A iv `she. a 0-v. o;' sc-paYTAY �-, I�.Fe, Tints s stem s ve � a �,�es a� p � � ��,DOo , ��` y�)rno V ++r1g oi(. `� systems c cpst mD�c. h clnect noiJ . Sov+� C,oht`ree0Ys CS�h left a v ( 1(�¢ aV�. a o +�. ,ice $ 1,00 -� - �-1��. Vows -4-pi?t5 T04 1 me- 'E- you 1navc °Aril vies■ovi-s. God c„vishAe. cozi BMP .2.50 Slop. I.2.5% — IV VEGETATED BIOFILTER DESCRIPTION There are two general types of blethers; vegetated channel and the vegetated filter strip. The vegetated channel is sloped lice a standard storm drain channel: the stamwater treated as it IDOOR length JIallo, Chow! Minimum 29 It. width Parking tot — Filar strip Straws passes through the charutel. With filter strips the flow is distributed broadly along the width of the vegetated area Which method to use depends upon the drainage patterns of the site. A vegetated strip would function well where the water can be spread along the length of a parking lot. Gaps in the lot curb provide the entry points. Of course the grade of the parking lot must be flat parallel to the strip. Unless a bypass is included, the biofiitm- must be sized as both a treatment device and to pass the peak hydraulic flows specified by the City drainage utility. But to be effective, the depth of the stormwater during treatment must not exceed the height of the grass. If a peals -rate drainge control facility is required, the blot-titer can be placed eitehr before or atter the facility. DESIGN CRITERIA Based on limited research it is recommended that a biofiltar chanrei have a length of 200 feet (Part VI). The channel width is calculated for the design flow using the design criteria presented below: 1. A grass height of 6 inches; 2. Depth of stonnwatcr during the design storm is 4 inches: Best Management Practices: Stormwater Treatment 6/89 4.2.5 VEC TAKet \ IC.)F1 L1-02- f — Grass r tad must bo proem., mainland Clteck•dantfor Soo not Mops s5% ex¢ephafy aompaetad LUnary drain for dope 42% 3. The channel slope between 2 and 5%; 4. A slope less than 2% can be used if underdrains srz are placed beneath the channel to prevent ponding; 5. A slope greater than 5% can be used if check dams are placed in the channel to slow the flows: 6. Biofilter width far effecadve long -term treatment is to be calculated using s design flow of 0.2 cfs/aa a of area =awing to the biof ltac The rationale for this particular flow is provided in Pat VI. 7. Channel width and/or height is added as needed to pass the peak hydraulic flow, or a bypass is included. 8. The biofilter can be less than 200 feet in length as long as the width is increased prorpottionaUy to maintain the treatment surface area. as defined below. However. minimum length is 25 feet. at which point the channel has become a filter strip. The minimum biofilter width shall be 18".' 9. Either preceding or following the biofilter shall be a SC oil/water separator or an API or CPI seporator if required for the particular business (BMP 2.10) SIZING PROCEDURE Engineers have proposed that the width of vegetated biofilters be deter - mined using various forms of the Manning's equation. For reasons provided in Part VI, this methodology has been simplified to the simple rule of thumb that the biofilter shall have a total surface area of 500 square feet (ft2) per acrea of catchment surface that is draining to the bioffirez The biofilter may be of any length or width as long as it is within the constraints previously identified. CONSTRUCTION The subsurface of the biofilter must be carefully constructed to avoid undue compaction of the soil. Compacted soil reduces the infiltration and inhibits growth of the grass. Restoration of grass shall not be left to chance. The soil must be property fertilized and seeded using current City require - menu for site restoration. 4.26 Best Management Practices: Storrttwater Treatment ti/89 FEdy24- 94.THU 1i�iC Repair nes at damage U I I Y (if' SER-1-1Lb uwu MS NU. CUOOtS4UybJ r. U4 \JCGETKre.p :0F/ LT-0e- MAINTENANCE lb be effective the biofilter must be properly maintained. It should be mowed several times during the growth season and the clippings must be removed from the channel Mowing encourages growth the cby improving the removal of soluble pollutants. The final mowing should occur near the end of the growth season. Failure to remove the growth before the dormant season will cause 1 loss of pollutants back to the stormwatec • • •: Beach Community Adds Sand Fitters to Storm Drains Rehoboth Beach, DeL, is installing sand filters along several streets in the city to reduce the volume of pollutants that are discharged along with rainwater from the city's storm drains. Decomposing street litter and food waste washed into storm drains in this commercial reyrrt area con- tribute to bacteria levels in the stormwater. The drains currently empty onto the beach. under the boardwalk, but after the S402.000 storm drain renovation program, the drains will be connected to one out - fall pipe that will run 46 m (150 ft) beyond the surf line and direct stormwater away from the swimming area. The project is expected to be completed by mid-1993. Sand filters can be used to treat stormwa- ter runoffin urban settings with impervious drainage areas where vegetative filters are not practical. The locally designed sand fil- ter being used for this project is well suited for small rites, such as fast food restaurants or parking areas; for pretreatment ofn noff before entry into another stormwater man- agement structure, or, as a retrofit strategy in an existing urban area. T E C M II 0 l 0 C t In heavily developed areas, stormwa- ter runoff from impervious surfaces con- tains significant levels of asbestos, copper. chromium. lead nickel, phosphorus. zinc. rubber. oil, grease. and hydrocarbons. all primarily from automobiles. Delawares stormwater management regulations re- quire 80% removal of inflow suspended solids. Previous tests indicate that this sand filter design should meet these require- ments. The sand filter uses a sedimentation chamber and a filtration chamber. Stormwater from the gutter pours through the street -level grating into the sedimen- tation chamber where sand and gravel are removed. Then, the water bows over a weir into the filtration chamber where bacte- ria, oils, greases, metals, and other pollu- tants are filtered out as the water seeps down through the sand and out through a drain at the bottom (see Figure). Sand filters are used for water quality treatment of urban stormwater runoff. Where they are used independendy ofoth- er stormwater practices. they should be designed to handle the runoff from fre- quent storm events and to accommodate all surface water runoff. Drainage areas larger than 2 ha (5 ac) should be broken in- to smaller areas that drain to- several sand filters to achieve site control. Each sand filter is 20 m (67 ft) in length. In the basic design, each chamber has a surface area of 33 m'/ha (360 ft- /ac). The sedimentation chamber's volume is at least 15 m'/ha (540 ft' /ac) draining to the filter for the entire area draining to the chamber. The sedimentation chamber's only outlet is through surface withdrawal over the weir, so that heavy particles sink to the bottom of the chamber where they remain until 'cleaned. The sedimentation cumber also ensures that the flow arrives at the sand filter as sheet flow, thus preventing con- centrated flow from scouring out the sand. Storms with more than 25 mm (1 in.) of runoff may, depending on their intensity and duration, overflow the sand filter sys- tem. In those situations, treatment of runoff in excess of the first 25 mm (1 in.) may not receive the same level of water quality treatment that smaller storms re- ceive. However. because of the design of the two chambers in conjunction with the grate covers, resuspension of particles pre- viously entrapped is not anticipated_ Standing water in the sedimentation chamber is not likely to attract mosquitos because the oil and grease from the runoff on the waters surface would smother eggs and larvae. Any eggs or larvae that do sur- vive on the water's surface would be car- ried into the filtration chamber during the next runoff event. As the runofdrains out of the pipe at the bottom, the filtration cham- ber's sediments and Weir flow Sand Filter Design Overland 'low water bevel Trapped solids Sand outfalt pipe ratraVon chamber SedimenWtbn Member Filler screen Slorsraier erablfs the sediatentat$oa chamber throes a street-level wanes. Alter diet and other lama Deakin settle to tLe bolster*, the water flows frets a saed-filiad chamber where finer particles and pollutants are removed as the water seeps dolre to the eutfail pipe., Wihrr E=rw. annani d Taw- L..gllpgy captured pollutants dry out. eliminating the moist environment needed for breeding. The filtration chamber is usually 457 men (18 in.) deep. The outfall pipe from the Chamber has a fabric filter screen to ensure adequate flow and pre- vent sand from mi- grating out of the fil- tration chamber. Filter systems are designed to withstand vehicle loadings, but can be modified if this is not a design re- quirement. —Earl Shaver. Department gf Nahrral Resources and Environ- mental Control, lowr Del j..0 C.9 w7Y I I Ill 1 J' JJ V 1 1 1 VI 1611.111 1 LL wry,' The GullywasherTM Water Pollution Prevention Baskets for Storm Drain and Sewer inlets from Aqua -Net, Inc. Aqua -Net, Inc. proudly introduces The Gullywasher"'. The GullywasherTM is a vinyl coated, wire basket for placement in storm drain and sewer inlets to help stop pollutants from entering our rivers, lakes, streams, and coastal waters. The basket can be fit with sorbents, screens, and filters to help trap hazardous liquids, oil, grease, sediment, soil, debris, heavy metals, and other pollutants which often end up in our surface waters. Applications include industrial facilities, construction sites, fish processing plants, shipyards, marinas, steam cleaning pads, service stations, car washes, parking Tots or anywhere there is a potential for contaminated storm water or spills of hazardous materials entering a drain. The Gullywasher" has several unique features. The open surface area of the wire allows significant volumes of water to pass unrestricted. Reliefs are cut into tie sides for additional overflow and to pass Large objects. The support frame and optional "drip -lip" are designed to disperse liquid over the entire basket, thereby maximizing filter and sorbent life. Gudywashers^' are lightweight, come with bars for easy lifting, and can be stacked for efficient transportation and storage. GullywashersTM are made with durable, non- degradable AQI.JAMESH ®, a high strength, galvanized steel wire bonded with a thick, tough, plastic coating which resists abrasion. Support frames and drip -tips are manufactured in both galvanized and stainless steel and all baskets are assembled with stainless steel rivets and hog rings. Gullywashers"' are standardized to foundry speCifiCation$. We Ourrently fit 10=4", 20'7(24 ",and 20" to 26" diameter frames and grates manufactured by local foundries. Orders placed for non- standard grates and frames will be custom. In November 1993, certain industries and construction companies must begin implementing pollution prevention plans to ensure contaminants do not enter our surface waters. Aqua -Net, Inc. is dedicated to helping those companies plan their pollution prevention with simple, Iow cost systems. We are currently working with local governments, port districts, and private industry to approve the Gullywasheew as a "Best Management Practice" to be used in conjunction with their overall pollution prevention planning. If you would like to know more about how we can help you comply with the regulatory requirements of a pollution prevention plan, please call us toil free at 1 (800) 208 -5447. To order your Gollywashor^', mall order form to: Aqua-Alet, Inc. 18105 36th Ave. W., D104 Lynnwood, Washington 98037 Phone (800) 208 -5447 Fax (208) 7744758 ACUA -NET, INC. WARRANTS THE GULLYWASHER° TO BE FREE FROM DEFECTS IN MATERIAL AND wORKMPNS)sP. AQUA -NET, INC. MAKES NO REPRESENTATIONS OR WARRANT}E_S, ErlHER EXPRESS OR imPuED. WITH RESPECT TO THE GUL.LYWASHERTM, Jt4CIUOING ITS PERFORMANCE. MERCHANTABJUTY, OR FITNESS FOR A PARTICULAR PURPOSE. THE GUU_YWASHERft I3 DESIGNED TO BE USED IN CONJUNCTION WITH A POLLUTION PREVENTION PLAN AND IS NOT INTENDED FOR USE AS THE EXCLUSIVE MEAFis OF REDUCING THE AMOUNT OF POLLUTANTS FROM ENTERING DRAINS. PURCHASERS OF THE GULLYWASHER"' ARE SOLELY RESPONSIBLE FOR SERVICING AND MNNTAIMNG THE GULLYWASHERIW. PURCHASERS SOLE REL4EDY WILL BE REPLACELIENT OP ODU.YWASHERS'". IN NO EVENT WILL AQUA -NET, INC. BE LIABLE FOR ANY LOST PROFITS. CONSEQUENTIAL OR SPECIAL DAMAGES. • E INC PATENT Pt =NDING • Reduces P.ol-1 ut ion ••Ru.noff •At•.Th.e •S- o.u:r•: -1•Q •a...w 1e.'i47.1F-x rx..s7L—; -ash. UgglargafOr • • • ■ Affordable • • Effective • Easy To lnsiall • Easy To Maintain • Manufactured By Disabled Work=shops • • FOR USF. IN .. . Parkiing- Lots .. c as•Stations • Golf. Courses . Streets • . •Driveways . . Industrial Facilities • Municipalities . • - • • .., . •. Sampling .0 apabilities (NPDES) :. ' - . ;;`;. ' �'• :: • 'Don't wait for pending legislation, prepare' yourselves to do .your pan to remove surfacswaferrttnoff pollution . before getting fined up to $25,000 per day for non- compliignce. • ; : • •, . Call now to receive free estimate. , • • . . (206)'820 -1953. • .. .. • • . 1 3226 97th Avenue N.E., C208 • Kirkland, WA 98034 .. •Fax• (2061 820.8364 FEB -24 -94 THU 13:36 CITY OF SEATTLE DWU ENVIRO.DRILINctrm Specifications Flow Rare' __ • ...._ • -• • • ; • /Ids pad= is so be mailed. Buyer will best re sporoibigry lariequaing such product to EN VIRO- DRAM, IptC. If I� VIRO- DR[►(N.I NC. is viable to effect : •. • ,. • • sods repalr or repkaoetncnr wkthin 30 days ield f.d de Is *agreed to 6e ielsonattle),•Buyer will have the addition remedy d[retUinIDgme drfixattt Pp/look; , ••,. • . RIIVtR -O LAIN. INC fix ea 11 reltina of the yatfihase prem. TIdfFSE ItISIKEEKES ARE EXCLUSIVE. ANA nu' ER AGREF.S'FllTS SfA1.L E81112 ; • • 1 Warr Of *NY atmtL!'Iv ON -viii purr Or arivnRQ-DRAIN. L'C. . • • 4 • gai.I$rAid.d: luyal ai'suntea an responsibility for me consequanom of use of dm prsiauct."ENWROORAIN. INC. asbumei _ • ; • •' • • no Iizbility for tonsegueulial medlar incidental d.matesof any kind luictudlrrs wuboln limsnEion injury to the penny WO me circumstances will ENVIRO- - . r,RAifl. INC. ht: liable foi wen damages. *Wryer agrees me hmitatioe and exclusion in this Caragr2ph is indepenrlcrit of the )imitation otltreedieS contained in ' the precssting paragraph. . .. • - . BMP 2.10 Sc ..pa/slew OIL/WATER SEPARATION DESCRIPTION There are three general types of separators. The fast type is the spill control separator (SC). It is a simple underground vault or manhole with a "T" outlet . The SC- separator is effective at retaining only small spills. The SC- separator will not remove dilated oil droplets spread through the uonnwater from oil contaminated pavement. Local jurisdictions already require these types of separators with peak -rate detention facilities. The other two separators can remove dispersed gilt -d Am Pe leum Institute (API) separator and plate interceptor The API - separator is a Iong vault or basin with bales to improve the hydraulic conditions for treatment. Large API-separators tray have sophisti- cated mechanical equipment for removing oil from the surface and sett led solids from the bottom. However, most applications to commercial and industrial land uses will use the simple system u illustrated. The CPI-separator contains a bundle of plates made of fiberglass or polypropylene. The plates are "closely spaced Depending on the manufac- turer and/or application the plates may be positioned in the bundle at an angle of 0 to Gtr from the horizontal. drasammorrarsariamormaximwrawarassamistar API .aparator Tic closely spaced plates improve the hydraulic conditions in the CPI- separator promoting oil removal. Removal of fine suspended solids is also unproved. The primary advantage of the CPI - separator is its ability to theoretically achieve equal removal efficiencies with one - fifth to one -half the space needed by the API separator, when designed to remove the same size drop lets. . CPI..p+u.ter TYPE OF SEPARATOR REQUIRED Land uses that must use an API oc.CPI- separator are identified in Part II. The owner may goose between the API or CPI- separator using the design criteria outlined below. All other land uses or businesses must use the SC- separator even if a peak -rate drainage control facility is not requited. Beat Management Practices: Stcrmwater Treatment 6189 4.7 EFFLUENT REQUIREMENTS The WDOE requires that stormwater have no visible sheen. average less than 10 mg/1 daily and at not time exceed a dally maximum of 15 mg/L DESIGN CRITERIA Requirements regardless of separator type 1. Appropriate removal coven must be provided that allow access for observation and malntenancg 2. Stormwater from building rooftops and other impervious surfaces not likely to be contaminated by oil shall discharge downstream of the separator, as long as City drainage requirements are met (R.2 In Part V). 3. Any plump mechanism shall be installed downstream of the separator to prevent oil emulsification: Additional requirements for API and CPI - separators 1- The sap suers shall have a farebay to collect flparablca and the larger settleable solids . Its surface area shall not be less than 20 square feet (fa) per 10,000 ft2 of the area draining to the separator. 2. They shall have an afterbay in which absorbent pillows or similar material are placed. With the SC- separator. absorbent materials shall be placed in the manhole /vault. Used absorbent pillows shall be properly disposed. 3. If placed "downstream" of a detention facility. the separator is sized for the outlet flow of that facility. 4. If the separator is placed "upstream" of a peak -rate detemtica facility, or without a detention facility, the inlet to the separator and the separator shall be sized fora flow of 0.20 cfs/acre of drainage area, See Pan N for the derivation of this flow rate. Additional requirements for CPI - separators 1. Plates shall not bt 1;ss than 3/4- apart. 2. The angle of the places shall be from 45' to 60' from the horizontal. 4A Best Management Practices: Stormwatsr Treatment 6/89 1 CONSTRUCTION There are no special construction considerations. MAINTENANCE Oil/water separator(s) must be cleaned frequently to keep accumulated oil from wing during an extreme storm. The separator must always be cleaned by October 15th to remove material that has accumulated during the dry season and again after the first significant storm. In addition: 1. The facility shall be inspected weekly by the owner; 2. Oil absorbent pads are to be replaced as needed but shall always be replaced in the fall prior to the wet season and in the spring; 3. The effluent shutoff valve is to be closed during cleaning operations; 4. Waste oil and residuals shall be disposed in accordance with current Seattle -Icing County Health Department requirements. 5. Any standing water removed during the maintenance operation must be disposed to a sanitary sewer at an approved discharge location. 6. Following removal of any standing watee it shall be replaced with clean water to prevent oil carry-over the outlet weir or orifice; INTEGRATION WITH CITY DRAINAGE CONTROL REQUIREMENTS If a peak -rate control facility is required the oil/water separator must be carefully integrated Where only the SC- separator is hid. it weaves for both oil spill and peak -rate control. With the API and CPI-separators it is best to locate the facility "down - stream" as previously indicated. Design flows for either case have been provided above. A spacial case is the use cf constructed wetlands and wet- settling basins. The surface area of these systems are sufficient for effective removal of dispersed on droplets. Therefore, for either of these systetnns an API or CPI - separator is not required. Stotmwater with heavy concentrations of oil (greater than sily 20 mg/I) may cause problems in wetlands, Therefore, prior roductioe of oil is necessary. If a wet - settling basin is used,* barrier must be placed hear the outlet to prevent the loss of the accumulated oil. Bost Management Practices: Stormwatar Treatment 6189 4.11 'rnr -G4 -d4 I nu i.'+ D UM' Ur JLt1 I I LL UINU rnn nom. LVUVUYVJVJ r. IC The MPal0 coalescing plate from Facet International. Have you ever heard of something being so simple, it's genius? That's the new high-performance coalescing MPak from Facet International— quite simply nne of the most innovative =leaner designs that has com4 along in years. Not only does it provide superior performance la real-world environmental cleanup, but the patented MPak design is also set'deaning. That means you no longer need to remove the plate pack to clean Id Here's how It worts: M the oil/water /solids mixture travels through the plate, oil rises to the top and solids drop to the bottom through dedicated surfaces and weep holes. Plate support at the bottom allow for easy removal of the solids that collect beneath the plates. Besides being self-cleaning, the MPak has a mod• ular construction that makes it easy to install in existing tanks, pits and mks. The bottornditte benefits ate higher performance and lower maintenance costs So no matter how you look at it, buying the new coalescing MPak from Facet International is a very smart thing to do. • e4 Facet tit. International Because good enough just isti t good enough."' Facet International, Inc. P.O. Box 50096 Tulsa. OK 74150 -0096 Talaphone: (918) 272 -8700 •1. 800. 223 -9910 Fax: (918) 272.8187 Designed for performance Enylronmentel MPak. Thirty years of development have gone into the design and construction of the new patented MPak from Facet international. The MPak is a simple, well - mgineered coalescer that addresses real -world applications. T Y P I C A L A P P L I C A T corrwauLn e To iTe•r ifl•Ut AAur Lun; YA[:AVVKAn°11AL eoistu°m. • •,i�hlry;iGt';;r1';: L..af L y vT 111... l• 1 .. v1 V1...11I IL.. v.•■ 1 1111 I1v• .....TVVVJ C. 14 BMP 1.20 VEHICLE OR EQUIPMENT WASHING AND STEAM CLEANING Washing of highway vehicles and parts, and equip/neat and parts such as construction equipment, is to occur in a building or in a designated area as described below. This requirement refers to all methods of water is used including low - pressure water. high-pressure washing sz which h- cleanin 6 Pressure water and steam Wash water from the above cleaning activity contains significant quanti- ties of oil and grease, suspended solids, heavy mew, and orgy as well as pollutants from the detergents: M the surfactants in detergents chemically stabilize free and dispersed oil/water separators are ineffective. Therefore, wash water from vehicle and equipment cleaning shall be discharged only to sanitary sewers The business shall conduct washing operations in one of the following locations: 1. Inside the business owner's building or, 2. At a commercial washing business in which the washing occurs in an enclosure (see Part II, Car and Truck Wash Businesses): or, 3. In a designated wash area at the owner's business that meets the requirements outlined blow. The use of mobile wash services is not allowed unless the wash water can be contained and discharged to a sanitary sewer. If the business owner chooses to conduct washing operations at its business but outside the main building of the business, tic owner must: 11 Construct a vehicle or equipment washing building, similar to a commercial car or truck washing business, in which all internal drains discharge to the sanitary sew= The wash building shall comply with the same BMP requirements imposed on a commercial car or truck washing business (see Part B): Best Management Practices: Source Control 6/89 33 3A 2. The business may establish s "designated area for all _ washing operations that need not be enclosed or covered. However, the "designated area" shall meet the following requirements: • The area if left uncovered shall not exceed 200 square feet of (R.1 In Put V): • The area shall be paved • The area rball be so designed as to prevent the ram stormwaeer from adjaca t arms • The area shall have a drain to collect all wash water. • The drain shall be connected to the sanitary sewer. The discharge shall pass through a SC -type on/water separator (BMP 2-10 in Part IV) and in all respects shall comply with Metro requirements (R.1 In Part V). •. The wash area shall be well marked at gas stations, multifamily residences and any other business where vehicles may be washed by non-employee& Included in the ping will be statement forbidding the changing of on over the wash -area. Bast Manw ement Pratticas: Sour*, Ccntroi 8/89