HomeMy WebLinkAboutPermit 85-10-CUP - PROFIT FREIGHT / NW IMPORTS - TRUCK TERMINAL CONDITIONAL USE85-10-cup
4477 south 134th street
PROFIT FREIGHT / NW IMPORTS TRUCK TERMINAL CONDITIONAL USE
TO:
FROM:
DATE:
SUBJECT:
Thanks
Moira Bradshaw, Planning
• . : ,
...
October 23, 1985
Dear Mr. Gillarde:
Sincerely,
/ks
(GILLARDE)
( #1B)
Moira Carr Bradshaw
Assistant Planner
cc: Planning Director
File
World Wide Cargo Services
4477 South 134th Place
Tukwila, WA 98168
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
433 -1800
Gary L VanDusen, Mayor
A (41, 4/
I
41 r
At the October 7th City Council meeting, a complaint was voiced concerning
your hours of operation. I would like to remind you that the City Council, .
at its meeting of June 3, 1985, overturned the Planning Commission's deci-
sion and approved your conditional use permit subject to two conditions:
1. That the hours of operation be limited to 6:00 a.m. to 6:00 p.m.,
Monday through Friday only; and
2. That the vehicles operated be limited to two axle, non diesel
vehicles.
I'd like to caution you that any aggreived party may petition the Planning
Commission in writing to initiate revocation or modification proceedings.
If you have any questions or concerns regarding your conditional use permit
or the complaint, please feel free to call me at 433 -1848.
CONSENT AGENDA - Cont.
Resolution #955
Ordinance #1349
Resolution #956
PUBLIC MEETING
Meeting with
initiating parties
on the proposed
annexation of prop-
erty along 51st
Avenue South
PUBLIC HEARING
Appeal of Planning
Com. decision filed
by World Wide Cargo
Services
g.
TUKWILA CITY COUNCIL, REGULAR MEETING'
June 3, 1985
Page 2
*MOTION CARRIED.
*MOTION CARRIED.
d. A resolution of the City Council approving the selection
of CH2M Hill, Inc. to perform engineering services for
the City in connection with the North Hill Water
Reservior and Pump Station Project.
e. An ordinance of the City of Tukwila establishing the
zoning classification of certain real property annexed to
the City and commonly known as the 51st Avenue Street
Annexation.
f. Accept the recommendation of the Legislative Coordinator
to fund the cost of summer banners and pole brackets so
that 65 banners may be displayed.
A resolution of the City Council of the City of Tukwila
providing for a general budget statement for 1986.
MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE CONSENT AGENDA
BE APPROVED AS SUBMITTED.*
Councilman Bohrer asked to have Item C removed.
Councilman Simpson asked to add three more vouchers for
approval under new business.
The proposed annexation area lies west of 51st Avenue South
between So. 164th and So. 166th.
MOVED BY BAUCH, SECONDED BY SIMPSON, THAT THIS BE A FORMAL
MOTION THAT THE CITY WILL ACCEPT THE PROPOSED ANNEXATION AS
PETITIONED AND THAT THE AREA WILL ASSUME THE EXISTING CITY
INDEBTEDNESS FOR THE GOLF COURSE.*
Mr. Ben Angland, 16427 51st Avenue South, stated that the
petition conveys the intent of nine of the ten property
owners in the area. He said they agree to the motion.
It was pointed out that generally the property taxes in the
City of Tukwila are lower than in the County.
An appeal has been filed with the City Council on a Planning
Commission decision to deny a conditional use permit for a
Truck Terminal Operation at 4477 So..134th Place. Appeal was
filed by World Wide Cargo Services, Inc.
Attorney Haney explained that these hearings are quasi judi-
cial proceedings because Council is determining the rights of
specific parties. The two choices are: (1) Remand the
matter to the Planning Commission or (2) Council may proceed
to consider the matter as if they were the Planning Commis-
sion and determine the matter.
Mayor Van Dusen declared the appeals hearing open.
Attorney Haney asked all those wishing to testify in this
matter to stand, raise their right hand and be sworn in. He
administered the oath.
The exhibits were presented and numbered, as follows:
CALL TO ORDER
and
PLEDGE OF ALLEGIANCE
ROLL CALL
CITIZEN'S COMMENTS
Auto Repair
Business on 59th
Place South
CONSENT AGENDA
Budget Transf rs
#85 -04 & 85- 5
TUKWILA CITY COUNCIL
June 3, 1985 Tukwila City Hall
7:00 P.M. Council Chambers
Regular Meeting
MINUTES
Mayor Van Dusen called the'Regular Meeting of the ukwila
City Council to order and led the audience in the ledge of
Allegiance.
LIONEL C. BOHRER, MABEL J. HARRIS, EDGAR D. a&UCH, Council
President, DORIS E. PHELPS, JOE H. DUFFIE, W'NDY A. MORGAN,
CHARLES E. SIMPSON.
OFFICIALS IN JAMES HANEY, City Attorney; MAXINE ANDER N, City Clerk; DON
ATTENDANCE MORRISON, City Administrator; RICK BEELE', Associate Planner;
BYRON SNEVA, .Public. Works Director.
REPORTS
Fire Explorers Mayor Van Dusen introduced Firef
Post #51 resent with the Fire Explor
partment. Firefighter Byron
Ri h Arnoni. On behalf of the
pre ented Mayor Van Dusen (f
Awar of Recognition. Each
an Hon rary Adviser Basebal
Dave Meyer Tukwila Ci izen, commented that there apparently
is no ordina ce restri'ting parking along the streets. There
are several laces o the streets where there are utility
trailers, cam ►ers, ecreation vehicles and a motor boat
parked. These vehicles are parked there year -round except
when they are •-' g used. On 58th there is a motorhome
blocking the site •istance from South 144th. Since there are
no restrictions my neighbors and I could bring our
recreation vehi es to town and park them on the street. I
think it is ti - for ouncil to address this problem and come
up with some r les.
MOVED BY B ►HRER, SECO 'ED BY DUFFIE, THAT THIS ITEM BE
REFERRED Ti THE PUBLIC S TY COMMITTEE. MOTION CARRIED.
Council ember Phelps aske• to have staff investigate the
auto repair business being co ducted on 59th Place South. It
has bee going on for several Months now.
a. Approval of Minutes - May 28, '85.
b. Approval of Vouchers
Claims Fund Vouchers #22085 - #22.10
Current Fund
Golf Course Spec. Rev.
Street Fund
Arterial Street
Federal Shared Rev.
Land Acq, Bldg, Dev.
Water Fund
Sewer Fund
Equipment Rental
Water /Sewer Const.
$ 55,866.5
7,286.37
37,693.98
43,950.33
8,380.94
21.87
16,809.83
445.35
15,476.87
23,760.00
$209,692.09
c. Approve Budget Transfer Motion 85 -04 and 85 -05 to add
additional funds needed to complete all construction
items for the Crestview Park, Phase I Project.
ghter Craig Byron who was
r Post sponsored by the
ntroduced the Explorer Chief
Fire Explorers of Post 51, he
the City of Tukwila) with an '
ouncil Member was presented with
Hat.
TUKWILA CITY COUNCIL, REGULAR MEETING
June 3, 1985
Page 3
PUBLIC HEARING
Appeal of Planning
Com. decision filed
by World Wide Cargo
Services (cont.)
•
•
1. Conditional Use Permit Application, Schedule D
2. Legal Description of Property
3. Mailing List
4. Master Land Development Application Form which includes a
description by World Wide Cargo Services.
5. Site Plan
6. Mailed Public Notice, March 28, 1985, Planning Commission
Hearing
7. Letter of March 28, 1985, from Miss Edith Borden
8. Memo dated May 7, 1982, from Cark Caughey, Associate
Planner to Brad Collins, Planning director, containing
the definition. of Truck Terminal adopted by the Tukwila
Board of Adjustment at their meeting of May 6, 1982.
9. Staff report to the Planning Commission which includes
two exhibits: (1) Site Plan; (2) May 6, 1982, Board of
Adjustment definition of "truck terminal."
10. Letter dated March 29, 1985, from Moira Carr Bradshaw to
World Wide Cargo Services notifying them of the actions
of the Planning Commission.
11. Minutes of the March 28, 1985, Planning Commission
Meeting.
12. Letter dated April 3, 1985, from World Wide Cargo
Services appealing the decision of the Planning
Commission.
13. Public Notice of the City Council Hearing on June 3,
1985.
14. Letter dated June 1, 1985 from Miss E. Borden, expressing
opposition to the proposal.
15. Excerpt from the Planning Commission Minutes of March 28,
1985.
7
Rick Beeler, Associate Planner, explained that World Wide
Cargo Services is located at 4477 South 134th Street in
Fostoria Park. They occupy a space that was previously
occupied by Jet Pac. Northwest Imports was also operating
out of this space. ,Based on the Board of Adjustment defini-
tion of "Truck Terminal," Staff concluded that a Conditional
Use Permit was required as was required by Northwest Imports
in the same space. On June 24, 1985, the Planning Commission
approved the Conditional Use Permit for Northwest Imports as
a truck terminal at this location. Two conditions were
placed on their operation:.. (1) Time of operation was, 7:00
a.m. to 6:00 p.m. Monday through .Friday; (2) No long term
parking of trucks, vans or trailers occurred on the site. In
the Staff Report for the Planning Commission Meeting of March
28, 1985, Staff recommended approval of the application sub-
mitted by World Wide Cargo Services. Planning Commission
heard the application and denied it based on the testimony
given at the meeting. They entered two findings into their
records - -the truck terminal use was too intense for the area
and would have adverse effects on the single family neigh-
borhood and it does not conform to TMC 18.64.050; the use
will be materially detrimental to the public welfare and
injurious to the property in the vicinity.
It was noted that the property is located at the edge of the
City along South 135th with single family lying across the
street in King County. Their access is off of South 134th
Street. Based on testimony at the Planning Commission
Meeting, the homes are located above the development and the
noise rises directly up the hillside. Mr. Beeler stated
that the applicant was not at the Planning Commission
Meeting.
William J. Gillande, Vice - President of World Wide Cargo
Services, explained that they were sent a notice of the
c
TUKWILA CITY COUNCIL, REGULAR MEETING
June 3, 1985
Page 4
PUBLIC HEARING
Appeal of Planning
Com. decision filed
by World Wide Cargo
Services (cont.)
Public Hearing before the Planning Commission, but the date
was unclear. The first they knew their application had been
denied was when they received a letter from Planning Staff
and they called to see what they could do about it. They
sublease the building from Jet Pac. They are not a truck
terminal; they are an agent for Profit Freight Systems. They
have three pickup and delivery trucks - -they are not tractor
trailers. They don't hold an ICC Permit or a Common Carrier
Permit that you would need to be a truck terminal. They are
an exempt carrier. Northwest Imports needed building space
while relocating so they rented some of the space at World
Wide Cargo. They moved out on March 29. He had tractor
trailers coming and going and had trailers parked on site.
The drivers for World Wide Cargo leave the site at 9 a.m. and
return about 5 p.m. They do not have trucks coming and going
all day.
Exhibit 16. The agenda for the Planning Commission Meeting
of March 28, 1985.
Mr. Gillande continued to explain that they have a truck go
to the airport at 6 a.m. to pick up the freight. He returns
to the site and the freight is redistributed to the three
delivery trucks. The last truck to return to the site in the
evening does so between 5:30 -6:00 p.m. The neighbors have
never come to them to file their complaints. They keep the
place clean and keep the trucks washed. The employees have
been instructed to keep the noise down because they are
trying to be a part of the community.
Councilman Simpson asked if they have ever received a cita-
tion from the Police Department. Mr. Gillande said, no, the
only time the police have been there is when they reported
stolen gasoline and the trucks were broken into. Just this
last Saturday one of the neighbors called the Police, and the
Police told them they were not supposed to work Saturdays; it
was news to them.
Council Member Phelps noted that the truck terminal defini-
tion in the memo of May 7, 1982, says the occupant of the
building is a holder . of a certificate of public necessity
from the Interstate Commerce Commission, Washington Utilities
and Transportaion Commission or a similar agency.
Attorney Haney explained that originally the Board of
Adjustment made a determination concerning what constituted a
truck terminal in connection with a particular application.
The Planning Director is given the authority under the TMC to
interpret all zoning code items which are not defined; truck
terminal is not defined. Therefore, the Planning Director
used this definition as a guideline and determined this
required a conditional use.
Elizabeth Springer, 13325 42nd Avenue South, the site under
discussion is at the edge of Tukwila. Across the street is
King County single family zoned property. This request is
for a Conditional Use Permit for a truck terminal. What this
operation is now and what it may become in a year's time is
something else. We, the victims, must police the operations
because there is no policing from Tukwila. This is not a
Conditional Use that can be absorbed by a single family resi-
dence. There is nothing to prevent the company trucks from
using the roads through the single family area. This opera-
tion is not compatible and does not benefit the area. She
urged Council to uphold the Planning Commission decision and
refuse the permit.
r.
•
ti
TUKWILA CITY COUNCIL, REGULAR MEETING
June 3, 1985
Page 5
. PUBLIC HEARING
Appeal of Planning
Com. decision filed
by World Wide Cargo
Services (cont.)
Joanne. Poirer, 13405 42nd Ave. said the essence of a
business is the business it operates. A truck terminal is
the essence of trucking. Tukwila Police Department has been
down there three or four times because I have called them in,
including last Saturday when they were using a forklift.
They have a diesel trailer that was there off and on up until
the March 28 meeting. The diesels park so that a patrol car
can't get through. This is a very noisy situation. In
February and March they started the diesels at 5:30 a.m.
Last Saturday morning it ran for one -half hour. It is a com-
plete trucking operation. Saturday they washed trucks and
you could hear the.r.adio inside the house. We want to stop
further trucking in the area adjacent to the single family
residences. The area will always be commerial but now we are
pleading for the quality of the companies that go in. This
particular situation is not in keeping with the quality that
has been portrayed by Tukwila. We want to be protected; we
have asked for a buffer along Macadam Road to protect the
single family area. We are trying to protect the essence of
life in that area for the people who live there.
Attorney Haney explained that the purpose of the Conditional
Use Permit is to allow a marginal use that may be appropriate
in a zoning district when certain conditions are set. If the
conditions are complied with, Profit Freight could sublease
the space under its Conditional Use Permit.
To clarify, Mr. Beeler explained that Profit Freight and
World Wide Cargo are the same Company. They moved into the
City around the first of the year. Jet Pac is a separate
company and were operating with a Business License. They
were not required to get a Conditional Use Permit. World
Wide Cargo was later told they needed the permit. Mr.
Gillande explained that Northwest Imports was the company
that operated with the large containers. World Wide Cargo
has the smaller trucks. They operated out of the same
building until Northwest Imports had more business than was
expected and were asked to move out. They vacated March 29.
Larry Shaw, President of NorMed at 4310 So. 131st Place, said
they have moved into their building and are happy to be a
part of Tukwila. Everyone at Tukwila has been cooperative
and helpful. They are concerned about the future development
of the area. They were told when they started their develop-
ment, that it was the City's desire to keep truck facilities
on the other side of Interurban. At what point does the City
decide that a company is becoming a major truck facility.
They would like to see the area continue to improve with
office /warehouse facilities compatible with M -1 zoning that
does not require a Conditional Use Permit so that the area
gradually deteriorates. If you are going to grant it; grant
it very carefully and then be prepared to enforce it. This
area was not originally designed as a truck facility.
Shirley Robinson, 13422 40th Ave. So., asked Council why
they are wishing this enforcement problem on themselves.
These people have been here for awhile and the City has had a
number of complaints. We don't want you to do this to the
community because the enforcement is partly pushed on their
shoulders. They like to live here in peace with their com-
mercial neighbors. One of the big concerns is the traffic
problem. They have an increasing number of small children in
the community. She requested that notices concerning the
area be sent to her. Traffic, noise and air pollution are
their major concerns.
PUBLIC HEARING
Appeal of Planning
Com. decision filed
by World Wide Cargo
Services (cont.)
RECESS
9:45 P.M.-
9:50 P.M.
TUKWILA CITY COUNCIL, REGULAR MEETING
June 3, 1985
Page 6
Council Member Morgan encouraged. the Planning Department to
include evidence from the Police Department in their review
process if it appears that the Department has been contacted.
Michael O'Melia, 3329 Shorecliff Drive, Tacoma, World Wide
Cargo Services, said that their company is a quasi franchisee
of Profit Freight Systems. They have one customer and that
is Profit Freight Systems. They are not a part of Northwest
Import; there are not hidden corporate structures. While
they were renting space, they had semi - trailers deliver to
the property. There is also a nitrogen truck that delivers
to the facility next to them about twice a week. Since the
end of March, Northwest Import is no longer in their faci-
lity. They have never received a violation notice from the
Police Department. The only time the Police visited the site
is when they were called about the theft of gasoline. The
traffic on Macadam Road is very heavy, but we don't go up
that way. We are a very small company; we have three drivers
and four office employees. We make no pickup and deliveries
on Saturday unless they are emergencies. We are not a truck
terminal; we are an air cargo pickup and delivery service for
Profit Freight.
Miss Springer said that Mrs. Poirer said it very well when
she said the essence of a trucking operation under a
Conditional Use Permit for a truck terminal operation is
trucking. Right now, they have small trucks, but how far
will the Conditional Use Permit take them. This is no opera-
tion for a single family residential neighborhood. The busi-
ness of large trucks on 42nd South was much overrated; at
times it gets to be a speedway, but it is mostly teenagers.
Mr. Gillande said they don't deal in containers. They are
just picking up small freight to deliver to the airport.
Councilman Duffle asked if they had any record of complaints
registered with the City. Mr. Beeler said he is not aware of
any, but there may have been some in the past. If there had
been a citation issued, I'm sure we would have been notified.
Mayor Van Dusen closed the testimony part of the public
hearing and turned it over to Council for their
determination.
MOVED BY PHELPS, SECONDED BY DUFFIE, THAT COUNCIL RECESS FOR
FIVE MINUTES. MOTION CARRIED.
Mayor Van Dusen reopened the Public Hearing with Council mem-
bers present as previously stated. The testimony portion has
been closed.
Attorney Haney reminded Council that they have the authority
to impose conditions on this particular permit that would
relate to size of vehicles, hours of operation, etc.
MOVED BY PHELPS, SECONDED: BY SIMPSON,. THAT THE CITY COUNCIL
ADOPT THE STAFF FINDINGS AND CONCLUSIONS AND OVERTURN T}IE
DECISION OF THE PLANNING COMMISSION TO APPROVE THE ISSUANCE
OF THE CONDITIONAL USE PERMIT SUBJECT, TO THE FOLLOWING
CONDITIONS: (1) THAT THE HOURS OF OPERATION BE LIMITED TO
6:00 A.M. TO 6 :00 P.M., MONDAY THROUGH FRIDAY ONLY FOR THE
MOVEMENT OF TRUCKS; (2) THAT THE VEHICLES OPERATED BE
LIMITED TO TWO AXLE, NON- DIESEL VEHICLES.*
TUKWILA CITY COUNCIL, REGULAR MEETING
June 3, 1985
Page 7
PUBLIC HEARING
Appeal of Planning
Com. decision filed
by World Wide Cargo
Services (cont.)
ROLL CALL VOTE:
BOHRER - YES
HARRIS - NO
BAUCH - YES
PHELPS - NO
DUFFIE - NO
MORGAN - NO
SIMPSON - NO
Council President Bauch, speaking against the motion, said he
doesn't know how the City will enforce a curfew. If we have
others down there creating a problem, we should stop those
also. This is a big City and lots of things are happening.
How do you enforce a sublease? When I was Mayor we received
more complaints about noise from that area.
Attorney Haney suggested the following amendments to the
Findings and Conclusions submitted by Staff:
1. Conclusion #1,, last sentence changed to read "To help
minimize noise impact, Profit Freight's hours of
operation should be limited."
2. Conclusion #4, second paragraph, second sentence changed
to read "The City Council's approval of the Conditional
Use Permit would achieve the plan's objectives and poli-
cies of:"
3. Conclusion #4, last sentence changed to read "The con-
ditional use should be approved with the condition of
limited hours of operation in order...."
4. Conclusion #5, last paragraph changed to read, "In order
to lessen the high noise level of Fostoria Park and its
impact on surrounding residences and to remain consistent
in the treatment of truck terminal conditional use per-
mits in Fostoria Park, the applicant's hours of operation
should be limited to 6:00 a.m. to 6:00 p.m., Monday
through Friday.
5. Recommendation: The application is approved subject to:
1. Limited hours of operation: 6 a.m. - 6 p.m., Monday
through Friday.
2. The vehicles operated be limited to two axle, non -
diesel vehicles.
MOVED BY SIMPSON, SECONDED BY HARRIS, THAT THE MOTION BE
AMENDED TO CHANGE THE FINDINGS AND CONCLUSIONS AS SUGGESTED
BY THE CITY ATTORNEY. **
MOVED BY BOHRER, SECONDED BY SIMPSON, THAT THE MOTION BE
AMENDED TO CHANGE THE HOURS OF OPERATION FROM 6 A.M. TO 6
P.M. TO 7 A.M. TO 6 P.M. AS THE STAFF RECOMMENDED. * **
Councilman Bohrer said he is on the streets of the City
around 6 o'clock in the morning four mornings a week, and it
is very quiet. There are few people out at that hour, so to
allow this kind of noise interruption to start at 6 is
entirely too early in the proximity of the single family
area.
Council Member Morgan said that such a business relies on its
ability to be out early in the morning to pick up its freight
and be about its business. She said she would support this;
she would not like to interfere with the economics of that
business. Council member Harris said she agrees; one hour
with one truck leaving in a neighborhood should not be too
disruptive.
r
TUKWILA CITY COUNCIL, REGULAR MEETING
June 3, 1985
Page 8
PUBLIC HEARING
Appeal of Planning
Com. decision filed
by World Wide Cargo
Services (cont.)
OLD BUSINESS
Accepting the pro-
posed design for
1985 Res. St. Project
(57th Ave. So.)
Effluent Transfer
System Pipeline
** *MOTION FAILED: 5 - NO;
* *MOTION CARRIED WITH BOHRER VOTING NO.
YES
Councilman Bohrer said in his mind the business is a truck
terminal. Many of the businesses in that area can have as
significant an impact because they involve warehousing or
manufacturing operations which involves trucking. Some of
these may have semi's and other vehicles of more objec-
tionable types and in greater quantities than does this par-
ticular business. There are two issues here; one is the
proximity to a neighboring single family area and the disrup-
tion this causes. The other issue is where does this lead,
are we declaring a precedent that we will allow truck ter-
minals in this area?
Council Member Harris suggested that the Planning Commission
look at the truck problems in the City.
ROLL CALL VOTE:
BOHRER - NO
HARRIS - YES
BAUCH - YES
PHELPS - YES
DUFFIE - NO
MORGAN - YES
SIMPSON - YES
*MOTION CARRIED: 4 - YES; 3 - NO.
Councilman Simpson said he would like to have staff look at
the other businesses in that area and see what they are doing
and if they need the same restrictions put on World Wide
Cargo.
Mayor Van Dusen declared the Public Hearing closed.
MOVED BY HARRIS, SECONDED BY PHELPS, THAT COUNCIL ACCEPT THE
DESIGN OF THE 1985 RESIDENTIAL STREET PROJECT (57th Ave. So.
from So. 142nd to So. 147th) AND CALL FOR BIDS. MOTION
CARRIED.
Byron Sneva reported that he met with Metro and they
redrafted the E.T.S agreement. There are still a few minor
things to clear up. It is now presented to Council for their
review. There are two significant changes: (1) The exhibits
are Exhibit A which is standard and Exhibit B which lists all
of the work that is not directly a part of the pipeline. It
lists the 10 foot high fence around the work site, replacing
tees and other such items. It is the option of the City to
choose which of these items they want to withhold from
construction by Metro and to do the work themselves. (2) It
provides for the easement through the Golf Course to be
handled separately. This is a document we are ready to work
with.
MOVED .BY BAUCH, SECONDED BY DUFFIE, THAT THIS ITEM BE
REFERRED TO THE NEXT COMMITTEE OF THE WHOLE MEETING.*
J •r( vl �-'
/
Councilman Bohrer said there are two issues here: (1)
Details of the Agreement; (2) Concurrence with the Golf
Course route. We need to consider this agreement further.
Metro gives the idea that they are giving Tukwila 2 million
Re: Public Hearing
85 10 CUP
World - 14 Cargo •
Services
Tukwila City Council
City of Tukwila
6200 Sdthcenter Boulevard
Tukwila , Wa. 98188
M embers of The City Council :
Enclosed you see carbon copy of disapproval of the initial
request concerning this application
Neither factmr law has changed concerning such proposed use
since March 28, 1985 .
The proposed operation is diametrically opposed to basic theory
as promulgated by the City of Tukwila in its ordinances governing the
construction of the industrial park at S. 134th Pl.
Over and over again the surrounding residential community has
been subjected to calls for attendance at such meetings , appeals etc
all designed to impose a truck terminal operation in close proximity
to such community . With equal regularity, the public has voiced its
disapproval of such obnoxious activity .
Once again , loud and clear I The appeal should be denied . This
location is unsuitable for a truck terminal .
E. Borden
4319 S. 135th St.
Seattle, Wa. 98168
June 1, 1985
Appeal of denial of
use permit for a Truck
Terminal operation at
4477 S. 134th P1 .
World Wide Cargo Services .
Res ectfully ,
E. Borden
134th P1.
Tr:i ce in the last five years , precisely:.s1:'iilr r requests have
unan1toa sl y refused in public herrings conducted by' the Core. scion
Such rejections were in response to over .hel min g public • di sa ,p roval.
of pl,:ns to, place such type installation alongside dwellings bordering
lower fiiver tronand the industrial
with th its co itio mat- ons of diesel engines.
nature
operation of a truck,
24 hour of ratioi . Such operation , it is res
by the City of' Tukwila
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CITY OF TUKWILA
NOTICE OF PUBLIC HEARING BY THE
TUKWILA CITY COUNCIL
1Y.):n4YN
. „ t,.=:..r sa`: L"" M,.' L"K..;.Rw:M1"..:..,^^=5...,x ,Yen, i .
NOTICE IS HEREBY GIVEN that the Tukwila City Council will conduct a
Public Hearing on the 3rd day of June , 1985 • at 7:00 P.M.
in the Council Chambers of Tukwila City Hall, 6200 Southcenter Boulevard,
to consider the following:
Appeal of the Planning Commission decision to deny a conditional use
permit for a Truck Terminal Operation at 4477 S. 134th P1. - filed
by World Wide Cargo Services, Inc.
Any and all interested persons are invited to be present to voice approval,
disapproval, or opinions on same.
Published: Record - Chronicle, May 24, 1985
CITY OF TUKWILA
Maxine Anderson
City Clerk
1908
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
433-1800
Gary L VanDusen, Mayor
TUKWILA PLANNING COMMISSION
•
Minutes of the March 28, 1985, Tukwila Planning Commission meeting.
Chairman Knudson called the meeting to order at 8:07 p.m. Other
Commissioners present were Mr. Sowinski, Mr. Coplen, Ms. Avery, and Mr.
Larson. Representing staff were Rick Beeler, Moira Bradshaw and Becky
Kent, Planning Department.
APPROVAL OF MINUTES
MS. AVERY MOVED TO ACCEPT THE MINUTES OF THE JANUARY 24, 1985, PLANNING
COMMISSION MEETING. MR. SOWINSKI SECONDED THE MOTION WHICH PASSED
UNANIMOUSLY.
PUBLIC HEARINGS
A. 85 -10- CUP. Profit Freight, requesting approval of a truck termi-
nal at 4477 So. 134th P1.
Ms. Bradshaw summarized the staff report.
Chairman Knudson opened the public hearing.
Elisabeth Springer, 13325 42nd Ave. So., referred to a letter from Edith
Borden protesting the establishment of a truck terminal in this area
because it didn't agree with light industry, and felt the request should be
denied. Ms. Springer said she felt an environmental impact statement
should be required. She was concerned this would become a 24 -hour opera-
tion and was opposed to the truck terminal operation.
Joanne Poirer, 13405 42nd Ave. So., Seattle, WA 98168, listed the dates
and times she had observed the trucks operating on the site during off
hours of the day. She felt an Environmental Impact Statement should be
required, and if the truck terminal was allowed it would encourage other
truck terminals to locate in the complex.
Dana Cole, 15255 Sunwood Blvd., Tukwila, WA, 98188, asked what the zoning
was in the area and suggested the City may want to reevaluate the zoning.
Page -2-
, Planning Commission
March 28, 1985
Mr. Beeler described the zoning and explained that truck terminals could
only be allowed with approval of a conditional use permit.
Chairman Knudson closed the public hearing.
Ms. Avery asked if there was anyone representing the applicant. The appli-
cant nor a representative were present.
Chairman Knudson asked if there had been any complaints on the other truck
terminals operating on the site. Mr. Beeler stated that complaints
directed towards Profit Freight and a previous operation had been received.
Ms. Poirer indicated she just had a complaint with Profit Freight.
The Commission discussed the environmental review procedure.
MR. SOWINSKI MOVED TO DENY THE REQUEST FOR THE TRUCK TERMINAL. MS. AVERY
SECONDED THE MOTION.
Mr. Larson recommended that the truck terminal use and M -1 zoning be
reviewed. Mr. Beeler explained the process for a Zoning Code revision and
said the "truck terminal" definition revision was on the Planning
Department's work program for 1985.
MOTION PASSED UNANIMOUSLY.
B. 85 -04 -R: 51st Annexation Rezone, requesting rezone of single
family zoned property (RS -7200) to City of Tukwila single family
zone of R- 1 -7.2, on the west side of 51st Ave. So. between So.
161st St. consisting of 3.4 acres. The subject properties bear
the addresses of 16049, 16059, 16209, 16211, 16219, 16;227, 16233,
16239, 16249 51st Avenue South; 4918 South 164th Street, and 4929,
2930 South 161st Street.
Chairman Knudson opened the public hearing.
Ms. Bradshaw summarized the staff report.
Mr. Sowinski stepped down for the duration of this agenda item.
Don McKay, 4812 So. 164th, inquired about any multi - family zoning in the
area of 164th and 49th. Ms. Bradshaw said the area would be zoned single
family.
Chairman Knudson closed the public hearing.
MR. LARSON MOVED TO APPROVE THE ZONING CLASSIFICATION FROM KING COUNTY
RS -7200 TO TUKWILA R -1 -7.2 SINGLE FAMILY RESIDENTIAL FOR THE 13 PARCELS
KNOWN AS THE 51ST AVENUE ANNEXATION. MS. AVERY SECONDED THE MOTION WHICH
PASSED UNANIMOUSLY.
o►i`A 4 City of Tukvw-lla
O 3 6200 Southcenter Boulevard
• Tukwila Washington 98188
Gary L VanDusen, Mayor
PUBLIC HEARINGS
TUKWILA PLANNING COMMISSION
NOTICE OF PUBLIC HEARINGS AND MEETING
NOTICE IS HEREBY GIVEN that the Tukwila PLANNING COMMISSION has fixed the 28th
day of March, 1985, at 8:00 p.m. in the City Council Chambers of Tukwila City
Hall, 6200 Southcenter Boulevard, Tukwila, Washington, as the time and place for:
V 85 -10 -CUP: Profit Freight, requesting approval of a truck terminal at 4477 So.
134th P1 .
85 -04 -R: 51st Annexation Rezone, requesting rezone of single family King County
zoned property (RS -7200) to City of Tukwila single family zoned of R- 1 -7.2, on
the west side of 51st Ave. So. between So. 161st and So. 164th St. consisting of
3.4 acres. The subject properties bear the addresses of 16049, 16059, 16209,
16211, 16219, 16227, 16233, 16239, 16249 51st South; 4918 South 164th
Street, and 4929, 2930 South 161st St.
PUBLIC MEETINGS
83- 13 -SPE: Diaz School of Gymnastics, requesting approval of El cooperative
parking agreement.
DR- 04 -85: NC Machinery, requesting approval of plans for a 2 -story office
building located at 17025 West Valley Highway.
DR- 03 -85: Metro ETS, requesting approval of 96" buried forcemain pipeline and
bridges over the Duwamish River.
DR- 01 -84: Sunwood III, requesting approval of plans for 66 multiple family units
on a 3.85 acre site.
Any and all interested persons are invited to attend.
Published: Record Chronicle, March 17, 1985
Distribution: Mayor
City Clerk
Adjacent Property Owners
Files
Section 2
.an. ri iV.'. : iiilrvnit: 3: u:: Z ;'a`iiil•.`'Ztftr- C:uiZDitr.3Zt „ �k`."-, i' g'(Sg n'``wi.: ":'ttlt�r.:aa :,.vrpwur vy.• .rz f91:;95'41t d3aMt Stk#1$�`
C WORLD WIDE
CARGO SERVICES, INC.
4) This is an established industrial park not a proposed project. We are the
Seattle agent for Profit Freight Systems, which is a air freight forwarder.
We deal only in air freight which is generally small in size and does not
require the use of large tractop trailer trucks. We are sub - leasing from
Jet Pak, who had a much larger operation than ours for some four years at
this location. We have three delivery trucks as opposed to five semi trucks
Jet Pak operated with. Ours are two 12ft and one 18ft. Our delivery trucks
leave about ten am and return at 5pm. We have no customers coming and going
during the day and there has always been ample parking available at this
facility scince we have been there.
I hope this information is sufficent to grant our conditional use permit.
Sincerely,
William J. Gillarde
RECEIVED
�Y
OF
MAR 7 1985
fraliellit
P.U. Box 69207 • SEATTLE, WASHINGTON 98168 • (206) M -1550
ILA
;1908
City of Tukwila
6200 Southcenter Boulevard
o Tukwila Washington 98188
Gary L VanDusen, Mayor
TUKWILA PLANNING COMMISSION
Minutes of the January 24, 1985, Planning Commission meeting.
Chairman Knudson opened the meeting at 8:05 p.m. Other Commissioners pre-
sent were Mr. Orrico, Ms. Avery, Mr. Sowinski, Mr. Knudson, Mr. Coplen, Mr.
Larson, and Mr. Kirsop. Representing City staff were Rick Beeler and Becky
Kent.
APPROVAL OF MINUTES
MR. ORRICO MOVED TO ACCEPT THE MINUTES OF THE JANUARY 10, 1985, PLANNING
COMMISSION MEETING. MR. COPLEN SECONDED THE MOTION, WHICH PASSED
UNANIMOUSLY.
PUBLIC HEARINGS
A. 85 -10 -CUP: Northwest Import and Distribution, Corp., requesting
approval of a truck terminal at 4475 S. 134th St.
Chairman Knudson opened the public hearing.
Mr. Beeler summarized the staff report, and added a preliminary second
recommended condition of operation during regular business hours of 7:00
a.m. to 6:00 p.m.
Mr. Beeler read into the record a letter from Mr. and Mrs. Alan Merkle
expressing opposition to the conditional use permit.
Deanna Pitts, Northwest Import and Distribution, Corp., described their
truck terminal operation.
The Commission discussed the circulation on the site and the condition of
hours of operation.
Ms. Pitts indicated the hours of operation would not be a hardship and
their working hours were 8:00 a.m. to 5:00 p.m.
Mr. Beeler clarified that there would be at most two trailers on site at
one time, but that at a maximum during the day there would be six round
trips. The applicant agreed.
Page -2-
, PLANNING COMMISSIONC.iIJES
January 24, 1985
Chairman Knudson closed the public hearing.
MOTION PASSED UNANIMOUSLY.
Joanne Poirer, 13405 42nd Ave. So., Seattle, WA 98168, expressed her con-
cern with maneuverability problems, early morning and late evening noise,
and trailer parking from other operations on the site.
MR. KIRSOP MOVED TO GRANT A CONDITIONAL USE PERMIT FOR NORTHWEST IMPORT AND
DISTRIBUTION, CORP., FOR USE OF APPROXIMATELY 3,000 SQUARE FEET OF BUILDING
B ON THE SITE SUBJECT TO LIMITATION OF OPERATING HOURS FROM 7:00 A.M. TO
6:00 P.M., MONDAY THROUGH FRIDAY, AND THAT THERE WILL BE NO LONG TERM
PARKING OF TRUCKS, VANS, OR TRAILERS ON THE SITE. MR. ORRICO SECONDED THE
MOTION.
Mr. Coplen asked the applicant if the stipulation of not being able to use
Saturday or Sunday would be a hardship. Ms. Pitts said no.
Mr. Orrico asked if this would apply only to this company. Mr. Beeler said
yes.
BOARD OF ARCHITECTURAL REVIEW
Mr. Knudson opened the public meeting.
A. DR- 05 -84: Gull Industries, requesting approval of final color
scheme of the expansion and remodel of the existing service sta-
tion at 13435 Interurban Ave. S.
Mr. Beeler summarized the staff report and submitted a color sample to the
Board.
Roger Olinberg, Gull Industries, described the color scheme to the Board.
Mr. Coplen was excused from the meeting at 9:05 p.m.
MR. KIRSOP MOVED TO ACCEPT THE GULL INDUSTRIES COLORS AS PRESENTED. MR.
SOWINSKI SECONDED THE MOTION WHICH PASSED UNANIMOUSLY.
Mr. Orrico was excused from the meeting at 9:05 p.m.
B. DR- 02 -85: Hampton Inn, requesting approval of a hotel replacing
the previously approved Tukwila Inn Hotel at approximately S.
158th St. and West Valley Highway.
Mr. Beeler said the application was not ready for the Board's review
because the environmental review had not been completed.
Richard Pringle, representing the applicant, requested a special meeting
for February 14, 1985. The Board granted the request.
• . .Aili'fJ��i , .r;.'tx�';.1L;�.1� N3��: �iiiLx ::?is ?fii;i`da v :.
:,
18.64.050 Criteria. The planning commission shall be
guided by the following criteria in granting a conditional
use permit:
(1) The proposed use will not be materially detrimental
to the public welfare or injurious to the property or improve -
mentsin the vicinity of the proposed use or in the district
in which the_subj.ect property is situated;
(2f Thee proposed use : meet • or exceed . the perfor ma:ic
standards that are required in the district it will o
(3) The proposed development shall be compatible .
generally with the surrounding land in terms of traffic
and pedestrian circulation;. building and site design;
(4) The proposed use shall be in keeping with the goals .
and policies of the comprehensive land use policy plan;
(5) All measures hae taken to minimize the possible
adverse: - impacts which the. proposed use.: may: on the area
in which' it. is ',located. (Ord:''• 1 982 ) ,, 4
i. 171:• d{ p: 1 ni. YS�'• i' N' .p'Fwi.1 av{!flMVw•
AGENDA.ITEM IV )A• Profit Freight 85 -10 -CUP
CITY OF TUKWILA
PLANNING DIVISION
PLANNING COMMISSION
STAFF REPORT
y 7iden(
cs.
Introduction
Profit Freight requests a Conditional Use Permit for an existing truck terminal
consisting of an office and a warehouse at 4477 S. 134th Street, Fostoria Park. The
business can generally be described as an aircargo forwarding service which involves
the pick up of generally small parcels from Sea Tac Airport, transporting them to
the office/warehouse, transloading them to delivery vans and delivery and pick up at
various locations throughout the metropolitan area. Very few parcels are warehoused
at the subject site and usually just for a maximum 24 -hour period.
The applicant, Profit Freight, is subleasing the space from Jet Pak. Jet Pak
is a similar use which received a business license in 1981 and therefore was not
required to apply for a conditional use permit. The City's prior zoning ordinance
permitted freight terminals in M -1 districts.
The Planning Commission, at its January 24, 1985 meeting, reviewed a similar
conditional use petition for Northwest Import at 4479 S. 134th Street, directly
adjacent to Profit Freight. Northwest Import is involved in the transloading of
cargo from ocean containers to 40 -foot rail or truck trailers. The Planning
Commission approved their permit subject to the following conditions:
1. Limited hours of operation, from 7 a.m. - 6 p.m. Monday through Friday.
2. No long -term parking of vans or trailers on the site.
Profit Freight
Page Two
Findings
1. The subject property is zoned M -1, Light Industrial, and is designated Light
Industrial on the Comprehensive Land Use Map.
2. The business is located within the existing industrial development of Fostoria
Park. Profit Freight is subleasing from Jet Pak, who previously occupied the
site.
3. The Tukwila Board of Adjustment at its May 6, 1982 meeting defined a "truck
• terminal" (Exhibit B). The subject location will be used to receive shipments
for transloading as specified in the definition, and use a dispatcher. Therefore,
a Conditional Use Permit is required per TMC 18.64.040.(2).
4. .TMC 18.64.050 contains criteria for review of conditional uses, upon which the
Planning Commission may approve, deny or modify the proposal.
5. A Determination of Non - Significance was issued for the proposal pursuant to the
State Environmental Policy Act.
6. On January 24, 1985, the Planning Commission approved a similar conditional use
permit for Northwest Import (85 -01 -CUP) subject to the following conditions:
a. Limited hours of operation, 7 a.m. - 6 p.m. Monday through Friday.
b. No long term parking of trucks, vans or trailers.
r
•
Profit Freight
Page Three
Conclusions
•
TMC 18.64.050 Criteria
1. 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."
The location for the proposed use is within an existing, leased industrial
park. / Some of the existing tenancies include transloading of materials and
dispatching of trucks. The proposed use would, therefore, not appear to be
materially detrimental to the public welfare or injurious to the subject property
and its improvements.
Residential property owners in the vicinity, however, have complained of
excessive noise from Fostoria Park at a recent public hearing on Northwest
Imports (85 -01 -CUP).
For Northwest Imports, the commission placed a condition of limited
operation hours for the business, to help alleviate the rpoblem. To help
minimize noise impact the Planning Commission may wish to also limit Profit
Freight's hours of operation.
2. The proposed use shall meet or exceed the performance standards that are
required in the district it will occupy."
The proposed use conforms with performance standards of the M -1, Light
Industrial zone. According to TMC 18.56, conformance with the parking and
loading standards, based on 9300 square feet of floor area, requires 10 parking
spaces and 2 loading spaces. Since Fostoria Park is an approved development,
those spaces are existing. Profit Freight . has three delivery trucks which
measure (two) twelve feet and (one) eighteen feet. The spaces would, therefore,
Profit Freight
Page Four•
appear to be adequate to accomodate the vehicles without negatively impacting
circulation within the site.
3. "The proposed development shall be compatible generally with surrounding land
use in terms of traffic and pedestrian circulation, building and site design."
The proposed development is compatible with existing businesses, warehouse
and transportation related uses in the existing industrial park and surrounding
properties. Traffic circulation for the business will be along S. 134th Street
and will be identical with similar industrial transportation routes in the park.
As stated earlier, the combines business' trucks, their size, and the hours
of operation and subsequent noise were a concern of the property owners located
in the single family residences on the hillside west of Fostoria Park along
. S. 135th. Their concerns were expressed during the Commissioner's hearing for
Northwest Import (85 -01 -CUP) on January 24, 1985.
Profit Freight, unlike Jet Pak, the former tenant, and Northwest Import,
will be using smaller trucks or vans, which should not cause traffic circulation
problems while parked at the loading space doors. In addition, their vans or
trucks are two axle vehicles, which are not as loud as trailer trucks.
4. "The proposed use shall be in keeping with the goals and policies of the Compre-
hensive Land Use Policy Plan."
The proposed use is in accordance with the Comprehensive Land Use Policy
Plan. • Planning Commission approval would achieve the Plan's objectives and
policies of:
a. Grouping uses which mutually benefit each other;
b. Encouraging uses which are supportive to industrial and warehouse uses to
Profit Freight
Page Five
z,'Z'r,_..,,;,3Stii........_,., T•c.na ✓7.. ..,,^^1.i6'�. v, � , -s ,y14 ^�.",..��J'��,`..
4. b. locate in or near such activities.
There are also several goals and items in the Plan that relate to the
Residential environment. The first goals is to preserve the pleasantness and
integrity of viable single family areas. A subsequent policy within the Plan
mentions encouraging the use of vegetative or fence -like screens adjacent to
freeways and along noisy use districts to protect residential areas from high
noise /levels. The Planning Commission may, therefore, wish to approve the
conditional use with the condition of limited hours of operation in to
lessen the effects of the adjacent noisy industrial use area.
5. "A11 measures have been taken to minimize the possible adverse impacts which the
proposed use may have on the area in which it is located."
The proposed use lies within an approved industrial park that is adequately
designed and landscaped to accomodate a general and wide range of potential
uses. Some trucking and /or delivery service operations currently are located
in the development.
The Planning Commission, in order to lessen the high noise level of
Fostoria Park and its impact on surrounding residences and to remain consistent
in the treatment of truck terminal conditional use permits in Fostoria Park,
may wish to limit the applicant's hours of operation.
Recommendation
Staff recommends approval of the application subject to:
1. Limited hours of operation: 7 a.m. - 6 p.m. Monday through Friday
A/Aolo' /G'/O rWi
E RECORD OF
I<VEY 1W VOL.
eG. 2 ?3, kiNG
uWTY WA.
Land Surveyor' s' Certificate:
This short plat correctly represents a
•survey. made by me or under my direction
in conformance with the requirements of
appropriate state statute and has been
properly staked in accordance with the
Tukwila Subdivision Code.
Date
0
8
Certificate No. '15650
Short Plat No.
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MASTER LAND DEVELOPMENT APPLICATION FORM
PLEASE WRITE LEGIBLY OR TYPE ALL REQUESTED
ACCEPTED FOR PROCESSING.
SECTION I: GENERAL DATA
TYPE OF APPL I CAT 1 ON : O BS t P
APPLICANT:
CITY OF TUKVi ILA
Central Permit System
PROP. OWNER: NAME
ADDRESS
PROJECT LOCATION: (STREET ADDRESS, GEOGRAPHIC, LOT /BLOCK)
SECTION II: PROJECT INFORMATION
DESCRIBE BRIEFLY THE PROJECT YOU. PROPOSE. /(E4 S 2 . S x . _ 7
. T/3 e
X f/ /419 // ;,t/ .L
ANTICIPATED PERIOD OF CONSTRUCTION: FROM
WILL PROJECT BE DEVELOPED , I N PHASES? OYES ONO
PROJECT STATISTICS:
A) ACREAGE OF PROJECT SITE: NET GROSS
B)' FLOORS OF CONSTRUCTION: TOTAL II FLOORS I
TOTAL GROSS C 3 00
FLOOR AREA '/
SITE UTILIZATION:
NAME / ) I L/ / f(O S t / / c .S E ( 2o4 7 3 - - / . 5 .-
ADDRESS / 2 2) s . / 1$ i /Z _ /r' ZIP 9
ZONING DESIGNATION
COMP. PLAN DESIGNATION
BUILDING FOOTPRINT AREA
LANDSCAPE AREA
PAVING AREA
TOTAL PARKING STALLS
- STANDARD SIZE
- COMPACT SIZE
- HANDICAPPED SIZE
TOTAL LOADING SPACES
AVER. SLOPE OF PARKING AREA
AVER. SLOPE OF SITE
IS THIS SITE DESIGNATED FOR SPECIAL
MAP? OYES 10 NO
SECYIUN III: AFPLLCANT'S AFFIDAV: T
[3S AT SUBDIVISION O 1 T E C7 PRO 0 PMUD : I NT ERURBAN
44COND NAL L-i USE D VAR I ANCE CZONING ',COMM
AMENDMENT
DATE
4111g5 G/_sa •
RE
crtr ECEIV
OF tiNMA
INF APPL I CA T I ONS /
EXISTING PROPOSED
SUBSCRIBED AND SWORN BEFORE ME
B /
THIS ( 23 - ri DAY OF / .' bi - e(CL , I o ,¢$
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON
7
RESIDING AT
l iAR '1 1985
TO
❑ ❑
❑ ❑
❑ ❑
CONSIDERATION ON THE CITY'S
(Si X.
•TURE
TELEPHONE
S861 61 Fill
ZIP
IF YES, DESCRIBE:
EASEMENTS
WILL NOT BE
)
INCLUDES: 0 BASEMENT MEZZANINE
1 NCLUDES : BASEMENT D MEZZAN 1 NE
NOTES
ENVIRONMENTAL BASE
I, , BEING DULY SWORN, DECLARE THAT I AM THE
CONTRACT PURCHASER OR OWNER OF THE PROPERTY INVOLVED IN THIS APPLICATION AND THAT THE FORE-
GOING STATEMENTS AND ANSWERS HEREIN CONTAINED AND THE INFORMATION HEREWITH SUBMITTED ARE IN
ALL RESPECTS TRUE AND CORRECT TO THE BEST WLEDGE AND DELIpF.
OF CONTRACT PURCHASER OR OWNER)
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