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HomeMy WebLinkAboutPermit 82-02-UI - CITY OF TUKWILA - CODE AMENDMENT: TRUCK TERMINAL DEFINITION82-02-UI TRUCK TERMINAL DEFINITION k• NJILA . 1908 • MC /blk ;s City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor M EMORANDUM TO Brad Collins, Planning Director FROM: Tukwila Board of Adjustment DATE: 6 May 1982 SUBJECT: Zoning Code 1-ethnical Amendment -Truck Terminal At the Board's meeting of this date, the following formal definition of a truck terminal was adopted: Truck Terminal - -Truck Terminal means a site or building, or a tenant space within a building the occupant of which is a holder of a certificate of public necessity from the Interstate Commerce Commission, the Washington. Utilities and Transportation Commission or a similar agency, and which exhibits' any one of the following characteristics of use: • The business location is a place to receive, pick -up and /or deliver orders which are placed by customers. • - The business includes the use of a dispatcher (functioning with that or any other title) which directs the activities of . the truck driver. ,- The business location is used by the truck carrier to receive shipments for transloading, transshipping and or consolidation, or from which transportation ensues after transloading, trans shipping or deconsolidation, whether or not rolling stock of the carrier is parked at the location during periods of non -use. It is the intent of the Board, and our request to you, that this definition be included as a technical amendment to the new zoning code at the time that such an amendment is presented for City Council review. �J'�w "A 4/ City of Tukwila 0 Z 6200 Southcenter Boulevard W Tukwila Washington 98188 ;19OS Frank Todd, Mayor BOARD OF ADJUSTM:EN -T Minutes of the meeting of 6 May 1982. The meeting was called to order at 8:06 p.m. by Chairman Dick Goe. All members of the Board were present, Ms. Morgan arriving at 9:02 p.m. Mark Caughey, Associate Planner, represented the staff. APPROVAL OF MINUTES MOVED BY MRS. REGEL, WITH MRS. WHEELER'S SECOND, TO APPROVE THE MINUTES OF THE MEETING OF 4 MARCH 1982 AS PUBLISHED. MOTION CARRIED. NEW BUSINESS 1) Definition and interpretation of truck terminals in the City of Tukwila. Mr. Caughey explained the short and long -term need for defining the operational characteristics of the truck terminal. The immediate need is to clarify some of the ambiguous language in the Board's 1978 interpretation which is allowing truck terminal operators in M -1 zoning districts a potential loophole to avoid conditional use permit requirements. In the long -term, the City Attorney has advised the staff to include a formal definition of truck terminals in the new zoning code. Mr. Goe reported that he had contacted both the Washington Utilities and Transportation Commission and the Interstate Commerce Commission and neither has a formal definition of "truck terminal It appears to be the intent of these agencies to allow local jurisdictions the option of creating their own definitions. Mark Caughey then presented a letter from the W.U.T.C. commenting on the proposed truck terminal definition contained in the staff report. Mr. Goe explained his understanding of the new Federal Trucking Deregulation Act and the changes which are taking place in the transportation field. The City's ultimate definition must, therefore, be broad enough and general enough to accomodate the expanded opportunity for individual and corporate participation in commercial trucking. Page -2- Board of Adjustment 6 May 1982 Mrs. Wheeler asked about the impact of changing the definition of truck terminals on existing businesses. The difference between common and contract carriers was then discussed. Staff noted that the potential environmental impacts associated with a. trucking operation by either type of carrier are much the same. Trucking as a home occupation and its concommitant zoning restrictionswere also discussed. Mr. Altmayer determined that, with few exceptions, all trucking concerns come under the regulatory authority of the W.U.T.C. or the I.C.C.; Mr. Goe elaborated on use of the term "certificate of public necessity." Provision one of the definition was discussed (i.e. pickup /order location) and no changes were suggested. Provision two regarding the dispatcher was changed to indicate the use of dispatcher; the location of the dispatcher was determined to be irrelevant to the operation of the business. No changes were proposed for provision three. In response to Mrs. Wheeler's observation, the Board's consensus is to reword the last sentence of the preamble statement: and which exhibits any one of the following characteristics of use:" Discussion then followed regarding the function of the business license application in the zoning enforcement process. It was also determined that parking large trucks overnight within a residential district is not permitted by the T.M.C. MOVED BY MRS. ALTMAYER, WITH MRS. REGEL'S SECOND TO APPROVE THE PROPOSED DEFINITION OF A TRUCK TERMINAL AS FOLLOWS: TRUCK TERMINAL - -TRUCK TERMINAL MEANS A SITE OR BUILDING, OR A TENANT SPACE WITHIN A BUILDING THE OCCUPANT OF WHICH IS A HOLDER OF A CERTIFICATE OF PUBLIC NECESSITY FROM THE INTERSTATE COMMERCE COMMISSION, THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION OR A SIMILAR AGENCY, AND WHICH EXHIBITS ANY ONE OF THE FOLLOWING CHARACTERIS- TICS OF USE: - THE BUSINESS LOCATION IS A PLACE TO RECEIVE, PICK -UP AND /OR DELIVER ORDERS WHICH ARE PLACED BY CUSTOMERS. - THE BUSINESS INCLUDES THE USE OF A DISPATCHER (.FUNCTIONING WITH THAT OR ANY OTHER TITLE) WHICH DIRECTS THE ACTIVITIES OF THE TRUCK DRIVER. - THE BUSINESS LOCATION IS USED BY THE TRUCK CARRIER TO RECEIVE SHIPMENTS FOR TRANSLOADING, TRANSSHIPPING AND /OR CONSOLIDATION, OR FROM WHICH TRANSPORTATION ENSUES AFTER TRANSLOADING, TRANS- SHIPPING OR DECONSOLIDATION, WHETHER OR NOT ROLLING STOCK OF THE CARRIER IS PARKED AT THE LOCATION DURING PERIODS OF NON -USE. MOTION CARRIED UNANIMOUSLY. Page -3- Board of Adjustment 6 May 1982 Mr. Goe reiterated the intent of the Board that this definition be incorporated into the new zoning code by means of a technical amendment. OTHER BUSINESS 1) The status of the revised sign code was discussed. It was noted that a formal public hearing is scheduled for 11 May 1982. Ms. Morgan stated that the City Attorney had advised her that it is appropriate for Board members to submit written comments on the draft to the staff. The meeting adjourned at 9:50 p.m. MC /blk TUKWILA BOARD OF ADJUSTMENT Mark Caughey Secretary Add a definition of "Truck Terminal" as follows: 3 -16 -82 18.06.855 Truck Terminal. A site or buildings and land in combination the owner of which is a holder of a certificate of Public Neces- sity from the Interstate Commerce Commission, the Washington Utilities and Trabsportation Commission or comparable agency and operates under Bill of Lading shipment authority and which maintains the following characteristics of use: 1) Serves as a location to receive, pick -up or deliver orders placed by customers, 2) Serves as a location for a dispatcher (Fubction- ing with that or any other title) who directs the activities of the truck driver and 3) Serves as the location used by the truck common carrier to receive shipments for transloading, transhipping and /or consolidation or from which trabsportation ensues after transloading, transhipping or de- consoilidation, whether or not rolling stock of the common carrier is park -. ed on site during periods of non -use. AGENDA ITEM CITY OF TUKWILA PLANNING DIVISION STAFF REPORT Interpretation of Truck Terminal INTRODUCTION At its September, 1978 meeting, the Board of Adjustment adopted a definition1for "truck terminals" in the City, which includes four criteria for identifying such facilities. Recently, the staff has encoun- tered difficulty in applying this definition to the enforcement of conditional use permit requirements for truck terminals under our zoning laws due to the presence of an unintended loophole. We wish to propose an expanded, alternative definition which we hope will more clearly identify and control the presence of such businesses. DISCUSSION The first three criteria listed in the Board's attached memorandum of interpretation are basically sound; it is the fourth criterion relating to parking of unused equipment that is complicating enforcement."In a • recent case, staff discovered a business operating in an M -1 zone which met all four of the criteria and should have been subject to conditional use permit review. By allowing their rivers to take their trucks home after business hours, though, they claim that they are no longer a truck terminal and are exempt from land -use controls, noting the last sentance of•the interpretation requiring all four criteria be met in order to be deemed a truck terminal. Clearly, the intent of the definition and its criteria is to control business hours freight- handling and traffic impacts through the conditional use process;�`the disposition of unused equipment is of secondary importance. We suggest, therefore, that a new and broader interpretation of truck terminal uses be considered according to the following difinition: Truck Terminal- -Truck Terminal means a site or building, or a tenant space within a building the occupant of which is a holder of a certificate of public necessity from the Interstate Commerce Commission, the Washington Utilities and Transportation Commission or a similar ' agency, and which exhibits following characteristics of use: MtI Q eF - The business location is a place to receive, pick -up and /or deliver orders which are placed by customers. - The business includes the u l ti of 47;iispatcher (functioning with that or any other title) which directs the activities the truck driver. Page 2 Interpretation of Truck Terminal We urge your concurrence with this interpretation. MC /blk - -The business location is used by the truck carrier to receive ship- ments for transloading, transshipping and or consolidation, or from which transportation ensues after transloading, transshipping or de- consolidation, whether or not rolling stock of the carrier is parked at the location during periods of non -use. I DISCUSSION CITY OF TUKWILA PLANNING DIVISION AFF REPORT AGENDA ITEM Interpretation of Truck Terminal INTRODUCTION At its September, 1978 meeting, the Board of Adjustment adopted a definition for "truck terminals" in the City, which includes four criteria for identifying such facilities. Recently, the staff has encoun- tered difficulty in applying this definition to the enforcement of conditional use permit requirements for truck terminals under our zoning laws due to the presence of an unintended loophole. We wish to propose an expanded, alternative definition which we hope will more clearly identify and control the presence of such businesses. The first three criteria listed in the Board's attached memorandum of interpretation are basically sound; it is the fourth criterion relating to parking of unused equipment that is complicating enforcement. a recent case, staff discovered a business operating in an M -1 zone which met all four of the criteria and should have been subject to conditional use permit review. By allowing their rivers to take their trucks home after business hours, though, they claim that they are no longer a truck terminal and are exempt from land -use controls, noting the last sentance of the interpretation requiring all four criteria be met in order to be deemed a truck terminal. Clearly, the intent of the definition and its criteria is to control business hours freight- handling and traffic impacts through the conditional use process; the disposition of unused equipment is of secondary importance. We suggest, therefore, that a new and broader interpretation of truck terminal uses be considered according to the following difinition: Truck Terminal- -Truck Terminal means a site or building, or a tenant space within a building the occupant of which is a holder of a certificate of public necessity from the Interstate Commerce Commission, the Washington Utilities and Transportation Commission or a similar agency, and which exhibits the following characteristics of use: - The business location is a place to receive, pick -up and /or deliver orders which are placed by customers. - The business includes the location of the dispatcher (functioning with that or any other title) which directs the activities of the truck driver. 1 .- Page -2- Interpretation of 1 .ck Terminal MC /blk CxJ We urge your concurrance with this interpretation. - The busine location is used by the truck carrier to receive shipments.... whether or not rolling stock of the carrier is parked at the location during periods of non -use. JOHN SPELLMAN Governor Mr. Mark Caughey Associate Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Mr. Caughey: Subsequent to Mr. Richard Goe's tel Mr. A. G. Duclos regarding a propos Terminal," you submitted a copy of definitions, requesting our review We have reviewed the proposed defin that the second condition be amende The business includes the loca patcher (functioning with that who directs the activities of in receiving shipments for tra shipping and /or consolidation portation ensues after translo or de- consolidation. (amended With the amended language we believ enhance your efforts in the enforce permit requirements for truck termi laws. If we may assist you further in thi us. Si Ba Se STATE OF WASHINGT WASHINGTON UTILITIES AND TRANSP RTATION COMMISSION Highways- Licenses Building • Olympia, Washington 98504 (206) 753 -6423 • (SCAN) 234 -6423 April 2, 198$ AT -6512 phone conversation with d definition of a "Truck he existing and proposed nd comment. tion and would suggest to read as follows: ion of the dis- or any other title) he truck driver sloading, trans - r from which trans ding, transshipping anguage italicized) the definition would ent of conditional use als under your zoning matter, please contact cerely, M a r retary ' Robert W. Bratton, Chairman Robert C. Bailey, Commissioner Aldo I. Benedetti, Commissioner WU% 4c Al City H of Tukwila J _ 6200 Southcenter Boulevard Tukwila Washington 98188 1908 Frank Todd, Mayor Washington Utilities and Transportation Commission Highway Licenses. Building Olympia, WA 98504 Attn: Al Duclos SUBJECT: Truck Terminal Definition As requested this afternnon by Richard Goe, Chairman of the Tukwila Board of Adjustment, we are sending to you a copy of the existing and proposed definitions of a "Truck Terminal" for your review and comment. Mr. Goe has requested that you review these items prior to the Board's discussion of them on Thursday, 1 April 1982 and offer your suggestions. I will con- tact you by telephone on the First'and discuss your comments after you have had time to digest this material. Thank you for your assistance to us. encl. MC/ ibm Tukwila Planning Dept. Mark Caughey Associate Planner 29 March 1982 • 4 October 1978 MEMORANDUM CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT TO: .Kjell• Stoknes, Director, O.C.D. FROM: Roger Blaylock, Secretary, Board of Adjustment SUBJECT: TRUCK TERMINAL IN THE CITY OF TUKWILA The Board of Adjustment at their last meeting on Thursday, September 21, 1978, directed me, as Secretary for the Board, to request that the planning.staff review "all companies in the City of Tukwila that are perfornin'g a trucking function, whether it be common carriage, contract carriage, or private carriage for consideration of the necessity of application for a conditional use permit by each company reviewed." TALC Title: 18 Section: •t'1$.40.010 (41) The Board of Adjustment has adopted the interpretation presented by Mr. Goe based on the following common functions of a truck terminal: 1. A location to receive, pick -up and /or delivery of orders which are placed by customers. 2. The location of the dispatcher (functioning with that or any other title) .which directs the activities of the truck driver. 3. The location used by the truck common carrier to receive shipments for transloading, transhipping and /or consolidation or from which trans- portation ensues after transload transhipping or de- consolidation. 4. The location where rolling stock of the common carrier is parked during periods of non -use. All four of the above functions must be present on the site to be determined to be operating as a "truck terminal ". RB /c h cc: Chairman, Planning Commission Ma anning Supervisor 6230 South_ enter Boulevard • rukvila, Washington 96168 • (206) 242 -2277