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HomeMy WebLinkAboutPermit 80-11-W - BESTWAY FREIGHT TERMINAL - SENSITIVE AREA WAIVER80-11-w 6440 south 143rd street best way freight terminal Frank Todd, Mayor To: TUKWILA CITY COUNCIL FROM: L. C. Bohrer "ea DATE: December 1, 1980 SUBJECT: Final WaiveR for Bestway Motor Freight and the Facts At our November 17, 1980 Regular Meeting, Bestway argued that an agreement to limit truck operations at night would violate regulations of the Utilities Commission of the State of Washington. To the extent that your decision relied on that assertion, you have been mislead. A copy of our minutes with the Bestway argument highlighted, my query to them, and their reply are attached. The citation provided clearly does not support their argument. In my view, and based on the citation, the Bestway argument is at best an unreasonably specific, naive and fallacious interpretation of a very broad and general duty. At worst, it's another instance of "promise them anything" to win the argument. Neither is hardly an ethical way and surely not the BEST WAY (but, then perhaps, it is the Bestway?) o'f' dealing with the Council. There is sound logical ground for believing that no compulsion exists for a company to accept all business. Such compulsion could cause the company to default on contract performance because of insufficient personnel, equip- ment or facilities because of valid governmental restrictions or agreements such as the one we sought. It is the duty of the staff to advise the city council when they are aware that arguments or data presented may not be correct. In the end, it is the council's responsibility to assure ourselves that the facts are accurate upon which our decisions are based. Frequently, facts or data revealed in the final moments of an extended debate become a major factor in the decision. If they are of fundamental and overwhelming significance, they should be evident enough for early presentation and worthy of full consideration. De- bate might be very short, given the facts plus adequate time to consider and verify them. I urge you to join me in the future in refusing to be persuaded by the "eleventh hour revelation" that outranks all preceding consideration. Let's insist on time to consider and verify and avoid the stampede to hasty and ill considered decisions. Our legislative process will be improved, and the po- tential reduced greatly for later dissatisfaction with our decisions. LCB /ch cc: Mayor Todd vOepartment Heads City Attorney City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 MEMORANDUM iO4. Final Waiver request for Bestway Truck Terminal (cont.) TUKWILA CITY COUNCIL, REGULA^ MEETING ) Councilman Saul asked if we can change the number of trips. Mr. Walsh explained that when Council voted yes, they are im- posing a regulation as to the number of trucks per night on Bestway, but not on any other activity in the area. This is what the City Attorney, Staff and I have been indicating would be contrary to what is enforceable. We have not discussed what this number should be. He asked Council to alleviate the entire situation by simply not imposing the supplemental agreement. Go with the agreement we have and with our commitment to work within the Noise Ordinance. Councilman Phelps said the Environmental Impact Mitigation Agree- ment runs in perpetuity when filed. Restricting the number of movements for trucking during this twelve hour period seems tanta- mount to restricting gross sales, and we cannot impose this kind of a restriction on one business. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT COUNCIL RECESS FOR FIVE MINUTES TO ALLOW THE APPLICANT TIME TO CONSIDER THIS QUESTION. MOTION CARRIED. Mayor Todd called the regular meeting back to order with Council Members present as previously reported. Mr. Bill Dahl, General Manager of Bestway, explained that they are not a big trucking company. The property they are planning to build on will not accommodate a biq trucking company. At the present, he is hesitant to sign any agreement to restrict their schedules. They are a carrier under the regulations of the Utilities Commission of the State. They are not allowed to turn down business. If they turn down business, they could lose their authority. They are operating 9 to 12 schedules per night now and sometimes 14. This is a business where they have to take the freight or lose their authority to haul. The restriction of schedules would be a violation of their authority from the Utilities Commission. Their land area is smaller than Oak Harbor's and if you don't have the land area you can't operate. In the evenings the normal scheduling out is about 8:30 to 9:00 and the schedules start coming back in around 4:00 to 5:00 a.m. If Council will go along with them, they will do a good job and the City will be glad to have them in the area. Mr. Walsh said if Council is asking them to propose a number, they can't do that because it puts them in the position that the number could become a burden. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THIS ITEM BE TABLED TO THE NEXT COMMITTEE OF THE WHOLE AND ASK THE APPLICANT TO SUBMIT THE REGULATION THAT HE HAS QUOTED. ** ROLL CALL VOTE: BOHRER - YES HARRIS - YES HILL - NO JOHANSON - YES PHELPS - NO SAUL - NO VAN DUSEN - NO **MOTION FAILED. ROLL CALL VOTE: (ORIGINAL MOTION AS AMENDED) BOHRER - YES HARRIS - YES HILL - NO JOHANSON - YES, the procedure has been nullified by rather A 1908 �r. City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor MR. WILLIAM DAHL, General Manager Bestway Motor Freight Co. 1765 6th Avenue South Seattle, WA 98134 Dear Mr. Dahl: At our council meeting on November 17, 1980, you referred to a regulation that requires your company to accept all business offers you receive. I would appreciate it greatly if you would forward, to me, a copy of that regulation or the citation for the regulation. LCB /ch November 19, 1980 Very truly yours,' L. C. Bohrer Councilman ED CASEY (206) 255-4800 Bill Dahl, Vice - President Best. Way Motor Freight, Inc. 1765 Sixth South Seattle, WA 98134 EC /jr Transportation Consultant Ed Casey November 24, 1980 Dear Bill: This.letter is in reply to your telephoned request for a definition of the duties of a common carrier, such as Best Way, under the law. The duties of a common carrier are actually set forth in its definition: "A common carrier by motor vehicle is defined by statute as any person who holds itself out to the general public to engage in the transportation of passengers or property by motor vehicle, for compensation." The authorized common carrier has four required duties: (1) to serve, (2) to deliver, (3) to charge reasonable rates, and (4) to avoid discrimination. One of the oldest of the common carrier obligations is the duty to serve all comers. It is the basis of this obligation that the carrier is "common ". In conclusion, it would be very safe to say in a few words that your duty as a common carrier is to handle goods for compensation and for all persons impartially. V y tru yours, Evergreen Building Suite 235 15 South Grady Way Renton, WA 98053 TO: FROM: DATE: SUBJECT: Frank Todd, Mayor City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 M EMORANDUM TUKWILA CITY COUNCIL Mark Caughey, Acting Planning Director October 10, 1980 Bestway Truck Terminal Final Waiver (80 -11 -W) Ordinance No. 1137 which extends the waiver process through calendar year, 1980, requires an applicant who has successfully completed the preliminary waiver process to return to Council and obtain a final waiver before construction of the project finally begins. Th f nie al waiver procedure provides an opportunity for the Council to review the decisions of the environmental official and planning commission to be certain that all concerns identified during preliminary waiver analysis have been adequately addressed. By way of reminder, the proposed development is a truck terminal with ancillary repair shop, office /warehouse and equipment storage area, located at the easterly terminus of South 143rd Street adjacent to the Green River. The following summary describes the major steps taken in processing the Bestway application: 05/19/80 - Preliminary Waiver approved by City Council. 05/20/80 - SEPA Official requests "Expanded Environmental Check- list" (WAC 197 -10 -330) covering detailed impact analysis in areas of riverbank protection, air quality, water quality, flora & fauna, noise, hazardous materials storage, traffic, police services, cultural /archaeo- logic resources. 07/10/80 - "Expanded Environmental Checklist" received; Environ- mental Impact Mitigation Agreement prepared based on checklist data. 08/28/80 - Planning Commission approves Conditional Use Permit for a motor freight terminal in the M -1 Zoning Dis- trict, with stipulations per my letter of 9/3/80. TUKWILA CITY COUNCIL Page 2 October 10, 1980 Bestway Truck Terminal Final Waiver ( 8 09/09/80 - Bestway records Envir ment as a perpetual d to perform all terms 09/12/80 - SEPA Official issues the project, subject Impact Mitigation Agr 09/15/80 - City Shoreline Offici permit to allow const of Green River. Shor with use permit and i 09/25/80 - Board of Architectura architectural and lan It is clear from the foregoing synops scrutinized closely and that extensiv have been specified in order to ensur into the community as a good neighbo final waiver so that construction ca 11 - W) nmental Impact Mitigation Agree- ed restriction, obligating them f the agreement. eclaration of Non - Significance for o compliance with Environmental ement. 1 issues substantial development uction of project within 200' line permit stipulates compliance pact mitigation agreement stipulations. Review approves specific site scaping concepts for the project. s that the Bestway project has been environmental and land use controls that the truck terminal will fit . I encourage you to approve the proceed. TUKWILA CITY COUNCIL, REGULAR N — "TING May 19, 1980 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Formal Motion No. 80 -4: Establishing the policy position for the Chartwell Development (cont) Bestway Truck Terminal Waiver Request (So. 143rd at river) 1 If Council wants the legal expert to speak on legal matters, they should be able to do that. This is just and proper to adequately safeguard the City's legal interest. He asked the City Attorney if Council can designate the spokesman on legal matters. Attorney Hard said the state statute that creates the position of City Attorney declares that the City Attorney shall be responsible for the legal business of the City. He said he wants to avoid having the City handle legal matters on an ad hoc basis. The general policy of the City is that any matter which is in litigation, in which the City Attorney is representing the City, he /she has to be the spokesman. The obligation of the City Attorney is to report both to the Mayor and the City Council. Councilman Harris said Section C is redundant in the policy. It has nothing to do with the development; it ought to be eliminated. * *MOTION CARRIED. *MOTION CARRIED WITH JOHANSON AND VAN DUSEN VOTING NO. Mark Caughey, Acting Planning Director, explained that Bestway Motor Freight, Inc. of Seattle has filed application to develop a truck terminal at the easterly terminus of South 143rd Street adjacent to the Green River. A waiver from the provisions of Ordinance #1137 is necessary due to the environmentally sensitive nature of the project site's riverbank wetland frontage. Mr. Thomas Walsh, Attorney representing Bestway Motor Freight, called attention to his letter to the City Council dated May 12 and 14. Their proposal was developed in reliance on the existing comprehensive plan, policies and map; on the existing zoning; and on the proposed zoning that is now being considered by the Planning Commission. They allow this type of use in the Light Industrial Zoned District. He enclosed a list of expenses they have undergone thus far as well as the estimated losses that will be incurred if the waiver is denied. Mr. Walsh spoke on each of the criteria to be voted on by Council: Criteria #1 - Whether the proposed action represents a unique condition. Their answer is yes, it does offer unique benefits. It offers a stable, established business with a tax base to add to the City as well as the employment opportunities for Tukwila residents. At the same time it offers the City the opportunity to do as it wishes with the 40 -50 feet of shoreline. This is a different type of proposal because they committed themselves to this site before there was a proposed change in land use being considered. Criteria #2 - Is it significant in scale? No, it is not different in height or bulk from the surrounding uses. The entire street is in light industrial use geared toward the trucking industry. Criteria #3 - Are there any reasonable alternatives which are available that would not require a waiver? Their waiver is re- quired because they are on the shoreline. If this is true, there are no other reasonable alternatives because they are committed to this particular site. Criteria #4 - If this is an area designated as a high natural amenity or development constraint are sufficient mitigating measures provided? It is unclear if they are located in an area of constraint. The environmental base map is unclear. If they are they will do whatever the City wants, as long as it is reasonable, in the 40 -50 foot segment next to the water. Criteria #5 - Is the request for waiver consistent with the goals and policies of the comprehensive plan? His May 12th letter goes TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 4 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Bestway Truck Terminal Waiver Request (So. 143rd at river) into detail how this proposal is exactly what the Comprehensive Plan envisions for this area. Therefore, it is very consistent. Criteria 6 - Do the requirements of this waiver ordinance impose a special hardship to the site? It the waiver is denied, it definitely is a hardship. Criteria #7 - Would a grant of the waiver necessitate a major policy commitment prior to the adoption of the new zoning ord- inance and map? They believe it will not set a precedent. If Council wishes to change the zoning in the area, the question is still open once their application is approved because they have already made a substantial commitment. Councilman Hill asked if Bestway has refrigerated trucks and Mr. Frederick Meine, General Sales Manager for Bestway, said they have no refrigerated trucks. Councilman Van Dusen asked what kind of trucks and how many. Mr. Meine said their daily operation would be approximately 18 trucks operating from 6:00 a.m. to 6:00 p.m. The evening schedule would be approximately 12 trucks (departure and arrivals) until 6:00 a.m. Mr. Walsh assured Council that at no time are there more than three trucks coming or going at a given hour. Councilman Van Dusen asked the size of the trucks and was told they are pickups and large tractor, trailer trucks. Councilman Van Dusen asked if this proposal allows for expansion. Mr. Meine said the proposal includes their planned expansion for the next 10 to 12 years. This could include a 15% increase in the fleet in the next 10 years. Councilman Johanson clarified that the pickup trucks are 2 1/2 ton with a covered bed; Mr. Meine agreed. Councilman Bohrer asked for a description of the proposed development. Mr. Walsh said the proposal is two buildings. A two story office structure (2,000 sq. feet on each floor) to the front with the dock and storage area to the rear (136'x36'). The other structure is the shop with about 4,200 square feet. Mr. D. J. Landsem explained the material to be used and the proposed construction of each building. Councilman Bohrer asked what percent of the site will be paved. Mr. Landsem said basically all of it will have to be paved. Councilman Bohrer asked if the detailed drawings are ready. Mr. Walsh said no, that is the next step. Councilman Bohrer asked their estimated time to construct. Mr. Walsh said he has been advised seven months. Councilman Bohrer asked the size of the property and was told 120,000+ square feet. Mr. Walsh noted letter furnished to Council from Bertwell Industries, Inc. and Oak Harbor Freight Lines, Inc. supporting their proposal. He also has a letter from Alaskan Campers Northwest, Inc. approving the planned use of the Bestway property and a letter from Transequip, Inc. opposing the down zoning of the property in this area. Mr. Andrew Rogers, owner of Alaskan Campers, asked to go on record that they feel they would be hurt if Bestway did not develop their property and Bestway would be hurt if they were not allowed to develop on this site. He asked that the Council offer a favorable opinion on the proposed waiver for a freight terminal. Mr. Andrew Lewis Rogers III, officer in Alaskan Campers, 6410 South 143rd, said he is in favor of granting the waiver to Bestway. Mr. Milton Young, President of Southcentral Construction, said he is in favor of Bestway Motor Freight moving in. The new pro- posed zoning for his property will make it worthless. Bestway will help clean up the area an not concerned about truck noise. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Bestway Truck Terminal Waiver Request (So. 143rd at river) (cont.) Criteria #1 Criteria #2 Criteria #3 o(Ia7 Mr. Jerry Knutson, owner of Green River Construction, said he has been a resident of the community for quite a few years. There were substandard roads with no sidewalks. The flats were always looked down on and they were the "lower Tukwilaites." Some of these people that invested their time and money will be cheated if the City does not consider their proposal and give them a fair shake on this. All of a sudden, we have come from a neglected industrial area to an area that you want to beautify and not allow trucking and construction. He said he strongly supports Bestway Trucking and that Council consider their plan and the whole area down there which is zoned light manufacturing and that it be left light manufacturing. Mr. Walsh said they respectfully request that Council approve their waiver. Mayor Todd read Criteria #1 - Does the proposed action represent a unique condition? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #1.* Councilman Bohrer said the applicant said his proposal provides unique benefits. The property is not unique because there is other property along the shoreline in the neighborhood which is in the same category as this particular property. ROLL CALL VOTE: PHELPS - NO JOHANSON - NO HARRIS - NO BOHRER - NO SAUL - NO VAN DUSEN - NO HILL - NO *MOTION FAILED. Mayor Todd read Criteria #2 - Is the proposed action significant in scale? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #2.* ROLL CALL VOTE: JOHANSON - HARRIS - BOHRER - SAUL - VAN DUSEN - HILL - PHELPS - *MOTION CARRIED. YES, it is significant in scale when you consider the amount of black top area. YES, it is significant in scale because it will have a great deal of traffic and create a great deal of noise. YES YES YES, because of the traffic. YES NO Mayor Todd read Criteria #3 -- Has the applicant shown that no reasonable alternatives are available which would not require a waiver? MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA #3.* ROLL CALL VOTE: HARRIS - NO, because I don't believe they have looked at othe BOHRER - NO SAUL - N/A VAN DUSEN - N/A HILL - NO PHELPS - YES JOHANSON - NO El TUKWILA CITY COUNCIL, GULAR MEETING May 19, 1980 Page 6 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Bestway Truck Terminal Waiver Request (So. 143rd at river) (cont.) Criteria #4 Criteria #5 Criteria #6 *MOTION FAILED. Mayor Todd read Criteria #4 -- If the request for waiver involves building, grading, clearing, excavation, or filling in a geographical area generally identified by the environmental base map as an area of high natural amenity or development constraint are sufficient mitigating measures provided? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #4.* ROLL CALL VOTE: BOHRER - SAUL - VAN DUSEN - HILL - PHELPS JOHANSON HARRIS *MOTION FAILED. Mr. Walsh said he felt there were some misunderstandings here. The point they want to make about the area along the shoreline is that they want to do whatever is imposed as the conditions by the City. As far as the runoff is concerned, they are willing to put in whatever is necessary to provide clean runoff into the river. They have already investigated skimmers. Mayor Todd read Criteria #5 - Is the request for waiver consistent with the goals and policies of the comprehensive land use policy plan? MOVED BY SAUL, SECONDED BY PHELPS, THAT COUNCIL VOTE YES ON CRITERIA #5.* ROLL CALL VOTE: SAUL - YES VAN DUSEN - YES HILL - YES PHELPS - YES JOHANSON - YES HARRIS - YES BOHRER - NO, the applicant hasn't bothered to rebut the goals and policies that are not consistent. *MOTION CARRIED. Mayor Todd read Criteria #6 - Do the requirements of this waiver ordinance impose a special hardship to this site? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #6.* ROLL CALL VOTE: VAN DUSEN - YES HILL - NO PHELPS - NO JOHANSON - NO HARRIS - NO BOHRER - NO SAUL - YES *MOTION FAILED. NO NO YES YES, they are aware there is an environmentally sensitive area and they are willing to do some- thing about it. NO, no provisions on the site plan for screening, landscaping or drainage. NO, concerned about the black top runoff and he has seen no provisions. NO, nothing has been presented to show what is going to happen to the runoff. TUKWILA CITY COUNCIL, CGULAR MEETING May 19, 1980 Page 6 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Bestway Truck Terminal Waiver Request (So. 143rd at river) (cont.) Criteria #4 Criteria #5 Criteria #6 *MOTION FAILED. Mayor Todd read Criteria #4 -- If the request for waiver involves building, grading, clearing, excavation, or filling in a geographical area generally identified by the environmental base map as an area of high natural amenity or development constraint are sufficient mitigating measures provided? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #4.* ROLL CALL VOTE: BOHRER - SAUL - VAN DUSEN - HILL - PHELPS - JOHANSON HARRIS *MOTION FAILED. NO NO YES YES, they are aware there is an environmentally sensitive area and they are willing to do some- thing about it. NO, no provisions on the site plan for screening, landscaping or drainage. NO, concerned about the black top runoff and he has seen no provisions. NO, nothing has been presented to show what is going to happen to the runoff. Mr. Walsh said he felt there were some misunderstandings here. The point they want to make about the area along the shoreline is that they want to do whatever is imposed as the conditions by the City. As far as the runoff is concerned, they are willing to put in whatever is necessary to provide clean runoff into the river. They have already investigated skimmers. Mayor Todd read Criteria #5 - Is the request for waiver consistent with the goals and policies of the comprehensive land use policy plan? MOVED BY SAUL, SECONDED BY PHELPS, THAT COUNCIL VOTE YES ON CRITERIA #5.* ROLL CALL VOTE: SAUL - YES VAN DUSEN - YES HILL - YES PHELPS - YES JOHANSON - YES HARRIS - YES BOHRER - NO, the applicant hasn't bothered to rebut the goals and policies that are not consistent. *MOTION CARRIED. Mayor Todd read Criteria #6 - Do the requirements of this waiver ordinance impose a special hardship to this site? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #6.* ROLL CALL VOTE: VAN DUSEN - YES HILL - NO PHELPS - NO JOHANSON - NO HARRIS - NO BOHRER - NO SAUL - YES *MOTION FAILED. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Bestway Truck Terminal Waiver Request (So. 143rd at river) (cont.) Criteria #1 Criteria #2 Criteria #3 Mr. Jerry Knutson, owner of Green River Construction, said he has been a resident of the community for quite a few years. There were substandard roads with no sidewalks.. The flats were always looked down on and they were the "lower Tukwilaites." Some of these people that invested their time and money will be cheated if the City does not consider their proposal and give them a fair shake on this. All of a sudden, we have come from a neglected industrial area to an area that you want to beautify and not allow trucking and construction. He said he strongly supports Bestway Trucking and that Council consider their plan and the whole area down there which is zoned light manufacturing and that it be left light manufacturing. Mr. Walsh said they respectfully request that Council approve their waiver. Mayor Todd read Criteria #1 - Does the proposed action represent a unique condition? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #1.* Councilman Bohrer said the applicant said his proposal provides unique benefits. The property is not unique because there is other property along the shoreline in the neighborhood which is in the same category as this particular property. ROLL CALL VOTE: PHELPS - NO JOHANSON - NO HARRIS - NO BOHRER - NO SAUL - NO VAN DUSEN - NO HILL - NO *MOTION FAILED. Mayor Todd read Criteria #2 - Is the proposed action significant in scale? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #2.* ROLL CALL VOTE: JOHANSON - HARRIS - BOHRER - SAUL - VAN DUSEN - HILL - PHELPS - *MOTION CARRIED. c YES, it is significant in scale when you the amount of black top area. YES, it is significant in scale because have a great deal of traffic and create deal of noise. YES YES YES, because of the traffic. YES NO _. • CO 1 consider it will a great Mayor Todd read Criteria #3 -- Has the applicant shown that no reasonable alternatives are available which would not require a waiver? MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA #3.* ROLL CALL VOTE: HARRIS - NO, because I don't believe they have looked at other BOHRER - NO SAUL - N/A VAN DUSEN - N/A HILL - NO PHELPS - YES JOHANSON - NO TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 7 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Bestway Truck Terminal Waiver (cont.) Criteria #7 RECESS: 8:35 P.M.- 8:45 P.M. ORDINANCES f: Ordinance #1157 - F..... Establishing a ..: Leash Law Mayor Todd read Criteria #7 - Would a grant of the waiver necessitate a major policy commitment prior to the adoption of the new zoning ordinance and map? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #7.* ROLL CALL VOTE: HILL - NO PHELPS - NO JOHANSON - YES HARRIS - YES BOHRER - NO SAUL - NO VAN DUSEN - NO *MOTION FAILED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE PRELIMINARY WAIVER BE APPROVED AS SUBMITTED.* ROLL CALL VOTE: PHELPS - JOHANSON HARRIS BOHRER - SAUL VAN. DUSEN HILL *MOTION CARRIED: 4 - YES; 3 - NO. - Cont. Councilman Bohrer noted that, of the 7 Criteria, Council voted to fail on #1, #2, #3, #4, and #6 and to pass on #5 and #7. If we vote to approve the waiver, there should be some discussion on why we voted that way. YES, my concerns will be addressed by the staff and also by the Planning Commission. - NO, based on the voting on the check list. - NO, staff has recommended the waiver be denied. NO, for the previous reasons I have given. - YES. - YES, I still have a problem with the noise and I was looking for a different type of development, but with the number of trucks and no refrigerated vehicles and you are willing to work with the City- - I vote yes. - YES, the Planning Commission will get some of the answers to my questions and I trust them. The main thing that concerns me is turning that area into one big truck terminal. Other industries should go down there. That street is going to be crowded. Mayor Todd declared a five minute recess. Mayor Todd called the regular meeting of the City Council back to order with all members present as previously reported. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Wash., establishing a leash law and amending ordinance No. 968 (TMC.Chapter 7.04). MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE NO. 1157 BE ADOPTED AS READ.* TUKWILA CITY COUNCIL, GULAR MEETING May 19, 1980 Page 8 ORDINANCES - Cont. Ordinance #1157 - Establishing a Leash Law (cont.) Ordinance #1158 - Relating to the installation, maintenance, & repair of side- walks Ordinance #1159 - Establishing green fees charged at Foster Golf Links c d' Carl Carlson, Deputy City Attorney, explained that the ordinance, as written, says that dogs have to be on a leash at all times and it also applies to other animals who are on public property or if they are of a vicious nature. Councilman Johanson asked if there is a fee charged if a cat is picked up. Attorney Carlson said it is written in the ordinance. *MOTION CARRIED WITH HARRIS AND JOHANSON VOTING NO. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Wash., relating to the installation, maintenance and repair of sidewalks and adding to Tukwila Municipal Code Title 11 and repealing Ordinance No. 1025. MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE NO. 1158 BE ADOPTED AS READ.* Deputy City Attorney Carlson, reporting on Section 2 -B, said it is the section that imposes, on the abutting property owners, the responsibility to maintain the sidewalk. The question was raised whether or not the City could be liable if they were to adopt this law and then not enforce it. The answer is yes. The City is presently liable for all public sidewalks. This is not the case with sidewalks on private property. If the City is concerned about increasing its exposure to liability for personal injury, the City could declare, by law, that the abutting property owner is also liable for any personal injury that results. Without any special law, the City is required to maintain good, safe sidewalks. In order for the City to be liable, the City would have to be aware of the defect and the defect would have to be of such a nature that a reasonable person would consider it dangerous. Councilman Hill said he is concerned about the old sidewalks in the City and making the property owner liable to fix it. This doesn't seem equitable. Councilman Harris called attention to the condition of the sidewalks along Interurban. The citizens should not have to replace them. Mayor Todd asked if the 8 foot sidewalk requirement is necessary. Councilman Harris said she didn't think so, the Corridor Study shows a narrow sidewalk. Councilman Van Dusen said that the question was raised as to when the City is going to remove the grass from the cracks in the side- walks. This is part of the abutting property owner's responsibility. Mayor Todd asked how you control an unenforceable ordinance. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE ORDINANCE BE AMENDED BY DELETING SECTION 2 -B. ** **MOTION CARRIED WITH SAUL VOTING N0. *MOTION CARRIED. Councilman Phelps reported on the discussion from the last meeting. She said Mr. Roy Moore of Golf Management said that the reduction in the Junior and Senior Green Fees could reduce the operating revenue to the Golf Course by $10,000 per year. He said he would have detailed financial reports for the'year of 1980 by month. Councilman Phelps requested that Council adopt the ordinance as it has been revised and have the Committee consider any further revisions after the financial reports are received. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED WITH BOHRER VOTING NO. 1. Members, Tukwila City Council 6200 Southcenter Boulevard Tukwila, Washington 98188 Re: Best Way Motor Freight, Inc. Application for Waiver Dear Council Members: THOMAS M. WALSH ( ' ATTORNEY AT LAW 909 SEATTLE TOWER / THIRD AND UNIVERSITY SEATTLE, WASHINGTON 98101 (2061 682-1931 May 14, 1980 Thank you very much for allowing us to present testimony at your meeting on Monday, May 12th. We left the meeting with the good feeling that you would carefully consider this matter. We look forward to your decision on our application on Monday, May 19th. During the meeting, we were asked to furnish you the names of our architectural and engineering firms. Attachment A to this letter is a list of all the expenses Best Way has incurred for work related to this proposal, and the list includes the names of our architectural and engi- neering firms:-7...n... .. As you can see from Attachment A, Best Way would suffer substantial losses if the proposed land use change for the Interurban Avenue Corridor prevents the approval of this application. Best Way has no opinion on the proposed land use change, but strongly believes that its application should not be affected by the proposed change. The existing Comprehensive Plan, the existing zoning regulations, and the proposed zoning regulations being considered by the Planning Commission all permit the type of development proposed by Best Way. Based on these regulations, Best Way has totally committed itself to this site. To now change the land use regulations, and disapprove Best Way's application, would cause substantial damage. Also attached to this letter are copies of letters of support from residents near the proposed site. These neighbors believe that Best Way's proposal would be a welcome asset to the community. Members, Tukwila City Council May 14, 1980 Page 2 Again, thank you very much for your careful consideration. TMW:smr Attachments truly yours grL THOMAS M. WALSH cc: Mr. William Dahl, General Manager. Best Way Motor Freight, Inc. .Mr. Frank Todd, Mayor City of Tukwila Mr. Mark Caughey, Acting Director Tukwila Planning Department Past Expenses Which Cannot be Recouped: ATTACHMENT A LOSSES INCURRED BY BEST WAY MOTOR FREIGHT, INC. IF APPLICATION DENIED The following list shows losses which Best Way Motor Freight, Inc. will incur if its application to build a new truck terminal is denied. Many of these losses repre- sent past expenses which cannot be recouped, and others represent estimated losses which will occur if the applica- tion is denied. Stradling & Stewart Architects, $ 1,090.45 for drawings and scale model Dames & Moore, 2,580.00 for soil test Reid, Middleton & Assoc. Engineers, 1,545.33 for survey and drawings Jim McDaniel, 4,200.00 for demolition of structures Holmes Electric; - 458.70 for removing wires and setting.. temporary power Earnest money on portion of property -- $10,000 at 12% interest 90 days JALCO, Inc., for professional development services Permit fees, City of Tukwila ($175, $100 and $50) Best Way Employees' Time, for planning, coordinating and negotiating work on this site May 14, 1980 300.00 2,640.00 325.00 7,500.00 $ 20,639.48 r Estimated Other Losses If Application Denied: Costs for temporary relocation of terminal pending completion of new terminal at a different site - Increased construction costs caused by six months delay (inflation at 18%/year) Loss in property value, if downzoned to high- density residential use (current value as light industrial is $500,000; value as high- density residential is approximately $250,000) $ 30,000.00 50,000.00 250,000.00 $330,000.00 TOTAL LOSSES: $350,639.48 1 , Oak Wador ,} retOt ,eifed, 9nc. •6350 SOUTH 143Ro STREET SEATTLE. WASHINGTON 9B16B Mr. Mark Caughey Acting Director Tukwila Planning Department 6200 Southcenter Boulevard Tukwila, Washington 98188 Re: Bestway Motor Freight truck terminal located on South 143rd Street We ha ve known this Company and its owners for many years. They are a very fine and reputable firm, and would be an asset to Tukwila community. We, therefore, encourage the Planning Department to give there your whole- hearted support and permission to build at their site on South 143rd Street. TELEPHDNE 246 - 2600 May 8, 1980 Dear Sir: We wish to voice our approval of their application of then wishing to become our neighbor. H P : ek Yours truly, OAK HARBOR FREIGHT LINES, INC. 741 Henry Vander Pol, President 6411 So. 143rr- Tukwila, Washingto d188 g l i�te, thic Custom Upholstery • Truck Cab & Van Specialists April 30,1950 .... : • Mr. Mark Caughey Acting Director Tukwila Planning Department 6200 Southcenter Boulevard Tukwila, Washington 98188 RE: Bestway Motor Freight Truck Terminal • • • • Conditional Use Permit Application $0 -9 -CUP S. 143rd St., at its Terminus with the Green River . Dear Mr. Caughey: With regard to your letter of April 2$, and the above referenced matter. • BPRT=WELL INDUSTRIES, INC. Robert M. -Burke ' President..& .property owner • Phone (206) 246- 0636 • • v •�+•J. MA Y 1 1930 I feel that the property in question is..an ideal site' and location for _this type of business. 'It will certainly improve the tax revenue for the area. We have been at this location for approximately fifteen years, and during this time the property in reference has been nothing better than a junk yard. I feel it would be a great improvement and credit to the community.. • • Sincerely • J \N ILA • 1909 TO: FROM: DATE: SUBJECT: • ;As City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor M EMORANDUM President and Members of the City Council L. C. Bohrer, Community Affairs Committee Chairman 9 May 1980 C.A.C. RECOMMENDATIONS - INTERURBAN AVENUE COUNCIL ACTION MEETING AGENDA ACTION TYPE DATE ITEM MOW For some time now, the City has been working toward creation of a defini- tive, long -range policy plan for that portion of Interurban Avenue bet- ween Routes 5 and 405. This effort actually began in 1975 when citizen ad -hoc committees were formed to assist in development of the comprehensive land use plan. When the comprehensive plari was adopted in its present form in 1978, Council recognized the need to devise a more - detailed policy /design plan for this sub -area of the community. Therefore, the three -step "Interurban Corridor Study and Design Plan" was prepared by Management and Planning Services, and circulated in early summer of 1978. While the basic substance of the MPS Plan was found by the Council to have value, certain design strategies contained therein were judged to be inconsistent with the form of development which the community wishes to create on the Interurban Corridor. Thus, the plan itself was never adopted formally. Early this spring, the Council re- activated their planning efforts for Interurban Avenue by directing the Community Affairs Committee to review and evaluate all existing plan documents pertaining to the corridor area, and then to synthesize from that material a concise policy approach which could guide the creation of a final, up -to -date plan. With the help of the Planning Department staff, the C.A.C. has completed its review of the existing literature, and offers for Council concurrence the following policy guidelines for land use and urban design of the corridor area: 1) Street Configuration: a) Capacity: 4 lanes + center 2 -way left -turn. b) Center Median: Limited planter "pockets" defining the intersection limits of each 2 -way left turn zone. c) East edge of roadway: "Narrow boarder ", sidewalk with pedestrian buffer adjacent to travel lane. d) West edge of roadway: "Wide Boarder ", sidewalk with wider '.- width planter and bicycle lane. Memo to City Council C.A.C. RECOMM.- Interurban Ave. MC/LCB/mkb z - wmi ! rival 1 Page 2 9 May 1980 uueszvcs.woV/7.ia70.avnusvia��� uARIINIZII ;41:1111,•na e IunAO 1 • •Ikteas.M 6700444.1( • rtvedria N earth. • OuR LA.346 • ek t,,u E ) ti P.AL/h ( wov_trd) 2) Land Use Pattern In order to encourage the creation of a pedestrian -scale neighbor- hood visual form in the corridor area, the C.A.C. recommends that all existing industrial land -use classifications be changed to professional office /high density residential categories, with en- couragement given to mixing both uses within a single project site. This approach accomplishes the following objectives: Strengthens the identity of the corridor area as a recrea- tion - and pedestrian - oriented, rather than manufacturing- oriented space. Provides increased daytime and round - the -clock population in the corridor area to support recreation and local -scale services. Reduces traffic intensity within the corridor area below that associated with industrial uses. We urge full Council concurrence with these recommendations so that we may direct staff to begin preparation of a final corridor plan document. Members, Tukwila City Council 6200 Southcenter Boulevard Tukwila, Washington 98188 THOMAS M. WALSH ATTORNEY AT LAW 909 SEATTLE TOWER / THIRD AND UNIVERSITY SEATTLE, WASHINGTON 98101 (206) 682-1931 May 12, 1980 Re: Best Way Motor Freight, Inc. Application for Waiver Dear Council Members: I represent Best Way Motor Freight, Inc. who has applied for a waiver in accordance with,Ordinance 1109. The application has been heard by the Council once, on Monday, April 28, and is scheduled for consideration by the Council again on Monday, May 12, 1980. The purpose of this letter is to set forth pertinent information regarding Best Way's application and the reasons why you should approve the application. BEST WAY MOTOR FREIGHT, INC. Best Way is an established motor freight company with terminals in Seattle, Spokane, Moses Lake and Grand Coulee. It also has an agent in the Tri Cities area. The company employs 35 people in Seattle, and is currently located at 1765 - 6th Avenue South. It transports goods primarily to Eastern Washington locations. It transports a wide variety of merchandise including groceries, paints, electrical products and paper products. The company has been in business for 44 years, and its General Manager, Bill Dahl, has been managing the business for 21 years. PROPOSAL Best Way has applied for permits from the City of Tukwila to construct a new freight terminal on South 143rd Street just off Interurban Avenue. It is a four -acre site, surrounded by other industrial uses such as a metal fabrica- tion industry, a truck equipment manufacturing company, a truck - camper manufacturing company, and another truck terminal. The Green River runs along the northeast border of the property. COMMITMENT TO THIS SITE Page 2 As part of the proposal, Best Way intends to con- struct a two -story office building with 2,000 sq. ft. on each floor, a dock and warehouse of approximately 5,000 sq. ft., a shop of approximately 4,000 sq. ft., fuel tanks, and parking for cars and trucks. Best Way must leave its current location in Seattle ' by the end of 1980. Its lease is expiring and the owner of their current site is planning to convert the site to a different use. Best Way would like to move to Tukwila because it is closer to the businesses it serves. In anticipation of this move, Best Way began look- ing for a new site many years ago. Three and a half years ago, it bought the property on South 143rd which is the subject of this application. Best Way noticed that there were other truck terminals and trucking industries on this street and considered it a prime location for its new terminal. It inquired as to the zoning, and discovered that the zoning was light industrial and allowed truck terminals as conditional uses. A year later, the Tukwila City Council adopted the new Comprehensive Plan and did not change the land use - restrictions for Best Way's property. The Comprehensive Land Use Plan Map designated Best Way's property as light industrial. Recently, new zoning has been proposed for the City of Tukwila in accordance with the new Comprehensive Plan. The proposed zoning continues the Best Way property as light industrial zoning, and continues to allow truck terminals as conditional uses in light industrial zones. Meanwhile, Best Way settled upon the South 143rd Street site as the location for its new terminal. It noti- fied its realtors that it had found an ideal site and halted all search for other locations. It retained professional architectural and engineering services, and began making detailed plans for the development of its new terminal. Discussions took place with neighbors and customers of Best Way to assure a smooth transition to the new location. This spring, representatives of Best Way approached the City to request all necessary permits to construct its terminal. City staff advised Best Way of the permits that were required: a waiver from the City Council, a conditional Page 3 use permit, a shoreline management permit, and some permits from other jurisdictions. Application materials were com- pleted and filed with the City along with the application fees. Numerous discussions tooks place between City staff and representatives of Best Way concerning information needed for the application and the design of the proposed terminal. Best Way submitted additional information, and had its plans redrawn in accordance with specific direction of City staff. For example, at the request of City staff, Best Way's plans were changed to show a 40 -foot setback from the river and to show the retention of existing vegetation on the property. On Monday, April 28th, the Best Way representatives appeared at the City Council meeting for discussion of their waiver application. At this meeting, and for the first time in their three and a half years of planning, Best Way learned that there were some zoning changes being considered which were affecting their proposal. Their waiver application was held pending a discussion of land use changes in the Inter- urban Avenue corridor. On Thursday, May 8th, Best Way attended a meeting of the Community Affairs Committee of this Council, and learned that an Interurban Avenue Corridor Study had been conducted and a potential down zone for this area was being considered. At no time during Best Way's planning for this terminal was it, given any notice of this study or potential downzone. It purchased the property in the name of Best Way Motor Freight, Inc., which is a clear indication of a motor freight company. Yet, no one mentioned to them that a rezone was being considered. Throughout its discussion with City staff regarding the specifics of its application and plans, there was no mention made of a downzone for this area. The result of all this is that Best Way has now put itself into a position of total commitment to this site, with no knowledge that a change in zoning is being considered. Its lease expires at the end of this year, and it requires seven months' lead time to complete its plans and construct a new terminal. It has no other locations in mind and has geared all of its planning efforts towards this particular location. It has relied on the official Comprehensive Plan, zoning, and proposed zoning, and put all of its resources into development of a new terminal at this site. If for any reason it is unable to develop its terminal at this site, Best Way will suffer substantial damages. REASONS FOR APPROVAL OF WAIVER APPLICATION Page 4 1. Best Way's Proposal Will Be Consistent with the Shoreline Master Program. The Shoreline Master Program divides the 200 feet of shorelines into three areas: river zone, low impact zone and high impact zone. The "river zone" area is the first 40 to 50 feet from the mean high water mark. The purpose of regulations in the river zone is to insure resource protec- tion, flood control maintenance, pollution control, and landscape enhancement in this area. Best Way has not included the river zone as part of its development, and will leave the area untouched. If the City wishes, Best Way is prepared to give this property to the City for use in any way the City would desire. In the alternative, Best Way could retain the property and maintain it subject to any reasonable conditions imposed by the City. Best Way is committed to keeping the river zone as an impact buffer area and insure that the purposes of the Shoreline Master Program are fully met. The "low impact zone" is the second 50 to 60 feet from the mean high water mark. The purpose of regulation in'.: this area is' to minimize physical and visual impact on the - river zone. - _ To insure there is no impact, Best Way will fully screen its truck terminal along the border of the river zone. It is prepared to landscape its property in a manner that would prevent anyone in the river zone or on the water from seeing anything more than shrubbery or trees on Best Way's property. Best Way is also prepared to include all necessary water quality control mechanisms to insure that no harmful surface water runoff enters the Green River from its prop- erty. Best Way has investigated the possibility of install- ing skimmers or other devices to insure that no oil, soap or other harmful materials flow into the river. Upon comple- tion of Best Way's terminal, surface runoff from their property would be as clean or cleaner than current runoff. 2. Best Way's Proposal Will Be Consistent with the Comprehensive Plan. As mentioned above, the Comprehensive Land Use Plan Map designates Best Way's property as light industrial, which is appropriate for a truck terminal. The Comprehensive Page 5 Plan Circulation Map designates nearby Interurban Avenue South as a major arterial, and I -5 and I -405 as freeways. Truck travel is appropriate on major arterials and freeways. The Comprehensive Plan Historic Sites Map shows no historic sites on Best Way's property. Best Way's proposal is also consistent with the text and policies of the Comprehensive Plan. Objective 1 of the Commerce /Industry element states as follows: "Encourage a smooth, steady and planned growth . of the business community." Best Way is an established and stable business enterprise which offers significant tax advantages to a municipality. In addition, it offers employment opportunities in a variety of skilled and unskilled job categories. These are job opportunities that may be available to Tukwila residents. The Best Way proposal is consistent with all of the pertinent policies of this Comprehensive Plan element, as follows: Policy 1. Encourage the grouping of uses which will mutually and economically benefit each other or provide necessary services. Many of the us South 143rd Street are related to the trucking industry. The addition of Best Way's trucking terminal in this area is precisely the type of 'situation which is by this policy. Policy 2. Allow for the location of new commercial and industrial areas and the expansion of existing ones when this expansion is compatible with surrounding land use and not detrimental to the public welfare. Best Way's proposal is compatible with the sur- rounding land use, which includes eight to ten industrial companies on South 143rd Street and other industrial uses in the nearby area. There are two single- family residences across the . street, but these residences are in substantial disrepair and are considerably overshadowed by the industrial uses. This site is not appropriate for anything other than industrial use, and is most appropriate for an industrial use connected to the trucking industry. Page 6 Policy 3. Encourage aesthetic building and site design in working and trading areas. Policy 4. Encourage the use of live landscaping in all developments. Best Way's proposal will satisfy both Policy 3 and 4 above. It will include substantial landscaping along the property line where it borders the river zone. It will retain a number of the native trees currently on the property. The new buildings will be aesthetically attractive and anything unattrac- tive will be completely screened from river view. Policy 5. Promote renovation of areas which are not aesthetically pleasing. Currently, the property which Best Way intends to develop is an unattractive vacant lot where passers- by have occasionally dumped their garbage. The development of a new office building, warehouse and shop will substantially improve the aesthetic quality of this property. Anything less attrac- tive will be screened from river view. Policy 7. Promote adequate provisions for parking for all land uses: Best Way's proposal includes sufficient parking spaces for all cars and trucks related to its business. There will be no need for street park- ing of any vehicles. Under the Transportation element of the Comprehen- sive Plan, Best Way's proposal will be consistent with the Plan. Objective 1 states as follows: "Establish an effi- cient, safe, and well - designed circulation system which promotes desired development patterns." Best Way's property is located immediately adjacent to a major arterial, and approximately one -half mile from I -5 and I -405. It is an ideal location for a truck terminal. Best Way's proposal will satisfy all the pertinent policies of this element as follows: Policy 1. Minimize conflict between moving traffic and parked vehicles. 1 Page 7 South 143rd Street and Interurban Avenue are suf- ficiently wide to avoid any conflict between moving traffic and parked vehicles. Trucks al- ready use this area without conflict. Policy 2. Discourage the maneuvering of automobiles or trucks on public rights -of -way. Best Way's property is sufficiently large to allow all maneuvering of trucks on its property. No maneuvering is required on public rights -of -way. Policy 3. Encourage the designation of specific truck routes into commercial and industrial areas and mini- mize the conflict between truck and automobile traffic. Best Way's property is located in an industrial area and adjacent to a truck route. Its use of public rights -of -way is in off -peak hours, and not in conflict with automobile traffic. Most of its trucks depart or return either at night, or during off -peak hours of the day. South 143rd is a dead - end street, and Best Way's property is at the end of the street, thus minimizing conflict with auto- mobile traffic. Policy 4. Encourage effective construction techniques, quality materials, and timely maintenance on all roads and highways. Best Way's proposal will not add substantial new maintenance requirements. South 143rd Street already requires maintenance, for any new substan- tial use on Best Way's property. Whether the property is used for high density residential, office, or light industrial use, maintenance of the street is required. Trucks already use this street, so maintenance for trucks is already required. 3. Best Way Is Legally Entitled to a Waiver. Best Way has committed substantial time, money and energy in preparation for its terminal at this site. It has made these commitments in reliance on the existing zoning and Comprehensive Plan, and on the basis of other land uses in the immediate area. A denial of Best Way's waiver application would cause significant damage, in terms of the following: - -Cost for temporary relocation when its lease expires at the end of 1980 -Loss of expenses incurred in preparation for development of this site, including fees for professional services and loss of employees' time -- Substantial loss in land value if the property . is down -zoned from light industrial. If Best Way's application for a waiver is denied, we will have no alternative but to seek recovery of our damages from the City of Tukwila. We respectfully request that you approve Best Way's application for a waiver. TMW:smr cc: Mr. Lawrence E.. Hard Tukwila City Attorney Mr. Mark Caughey Acting Director Tukwila Planning Department r°77 y truly y urs THOMAS M. WALSH ox Page 8 AGENDA ITEM ►i CITY OF TUKWILA PLANNING DIVISION CITY COUNCIL PLANNING COMMISSION STAFF REPORT . 80 -11 -W BESTWAY TRUCK TERMINAL WAIVER INTRODUCTION Bestway Motor Freight Inc. of Seattle has filed application to develop a truck terminal at the easterly terminus of South 143rd Street adjacent to the Green River. (This site is approximately T block east of the existing Oak Harbor Freight Lines terminal). A waiver from the provisions of Ordinance 1137 is necessary due to the environmentally critical area sensitive nature of the project site's riverbank wetland frontage. PROJECT DESCRIPTION Existing Zoning: M -1 (Truck terminals are a conditional use in this zoning district.) Comp. Plan Designation: "Industrial" Property Size: 1.4 + acres Parking Proposed: 72 spaces, including employees and freight equipment Paved Surface: Almost the entire site. Building Construction: Shop, office /warehouse = 12,000 sq. ft.total Landscaping Proposed: None POLICY ANALYSIS To assist your deliberations on this matter, staff has identified the following areas of apparent conflict in this proposal with adopted policies of the Compre- hensive Plan, the Shoreline Master Program, and the State Shoreline Management Act of 1971. A) Shoreline Management Act of 1971 -- Commercial Development (WAC- 173 -16- 060(4)) (a) Although many commercial developments benefit by a shoreline location, priority should be given to those commercial developments which are particularly dependent on their location and /or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state!' RESPONSE: The proposed development does not depend directly on a shoreline location to facilitate the conduct of business. No direct corre- lation between the shoreline environment and truck terminal opera- tion is apparent. B) Tukwila Shoreline Master Plan -- Economic Development Element - Policy 2 "Locate commercial /industrial development in areas with low potential for recreation or other public uses." RESPONSE: The subject property's river frontage acts as one of many linkages to the city's emerging trail system connecting Fort Dent Park, Foster Golf Course, and the Christensen. Greenbelt system. Thus, it is fair to say that this site has more than "low potential" for recreation and public use, when viewed in its city -wide context. -- Economic;Development Element - Goal 3 "Recognize the quality of the existing economic activities along the river and discourage any future economic activities that may be of lesser quality." RESPONSE: Most of the recent developments proposed or constructed on the river frontage of Tukwila favor less- intense uses such as hotel or office structures, and architectural concepts employing substantial exterior materials such as masonry or precast members with glass. The effect of these developments is to promote high quality appearance and a quiet harmony with the riverside setting. By contrast, the proposed truck terminal is utilitarian in visual form, emphasizes hard paved surfaces adjacent to the river, does not provide for on -site tree preservation or decorative landscap- ing. Thus, the proposed design appears to::us to be inconsistent with the high level of quality which has characterized recent shoreline development in Tukwila. -- Economic Development Element - Policy 3 "Preference should be given to commercial /industrial development that will provide an opportunity for a substantial number of people to enjoy the shoreline." RESPONSE: The proposed freight - handling facility, for obvious security reasons, will be fenced along the river frontage to avoid trespass. This physical barrier, and the psychological image of isolation it exudes, seems contradictory to the intent of opening the shorelines of state significance to maximum public access. Also, the truck terminal employs relatively few people compared to an office structure or residential project which could conceiv- ably locate on this site. Thus, the current development scheme will not necessarily concentrate a significant day -time population on the site to enjoy the riverside environment. C Comprehensive Plan Policy implications. - - Design policies 3 and 4 of the Comprehensive Plan Commerce /Industry section provide as follows: Policy 3. Encourage aesthetic building and site design in working and trading areas. Policy 4. Encourage the use of live landscaping in all developments. The proposed site expansion scheme includes no peripheral landscaping or other treatments which would tend to upgrade the relatively depressed visual character of this part of the Tukwila community. Further, the proposed site diagram does not indicate significant native trees on this site . .to be retained, some of which appear to be slated for removal to accommodate building or maneuvering areas. D) Circulation Considerations - - Policy 5, Transportation /Utilities Element "Encourage effective construction techniques, quality materials and timely maintenance of all roads." RESPONSE: The Public Works Department has determined that the roadway serving the frontage of this site is inadequate in condition and width to the demands which a heavy- trucking operation will impose upon it. - - Policy 2, "Compatibility ", Commerce & Industry Element "Allow for the location of new commercial and industrial areas and the expansion of existing ones when this expansion is compatible with surrounding land use and not detrimental to the public welfare." RESPONSE: While the subject proposal is consistent with other uses in its immediate setting, inadequate public access corridors, proximity to the river, water quality degradation from run -off of the site's extensive pavement surface, and noise associated with truck maneuver- ing and freight - handling activity seem to over ride the potential public benefits of this development. -- Policy 1, "Compatibility " -- Commerce and Industry Element "Encourage the grouping of uses which will mutually and economically benefit each other or provide necessary services." RESPONSE: The applicants indicate that nearly all of their service to Tukwila business concerns will derive from the area south of route 405. The grouping concept, therefore, would seem to indicate that the proposed truck terminal would be better located closer to its revenue base in the Southcenter area. MC /mkb -- Policy 3, "Design" -- Commerce and Industry element RECOMMENDATION: "Promote an industrial park -like development in all industrial and warehouse areas." RESPONSE: Due to the age, constrained potential for expansion, and general deterioration of existing industrial uses on South 143rd Street, the subject proposal is not expected to have any effect on encouraging an industrial -park upgrading of area. While the proposed truck terminal project can probably be modified through proper design techniques to integrate with the sensitive environmental setting of the river, staff is persuaded that industrial development of this type and intensity is fundamentally in conflict with long -term management of, and public enjoyment of the river environment. At its 10 April 1980 meeting, the City Council's Community Affairs Committee voted to recommend to the full council that existing industrial zoning and compre- hensive plan industrial designations within the Interurban Avenue Corridor be eliminated in favor of high- occupancy office, or medium to high- density residential usage. This change would help to create a pedestrian- oriented commercial environ- ment as envisioned by the Interurban Avenue Corridor Plan, and would encourage more open access to the Green -River shoreline. For these reasons, therefore, staff_suggests that the Council delay action on this waiver request until the Community Affairs Committee proposal for land -use changes on this and other sites in the corridor area are evaluated in separate Council action. Enclosure: Schedule At Waiver Application Exhibit A Exhibit B 21 April 1980 C of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development Bestway Motor Freight Inc. 1765 6th Ave. South Seattle, WA. 98134 Re: Proposed Freight Terminal This letter is intended to inform you of the status of your application for Preliminary Waiver (80- 11 -W), Conditional Use .Permit (80 -9 -CUP) Shoreline Management Permit (80- 12 -SMP) and Environmental Assessment (EPIC- 133 -80). 1) 80 -11 -W: Preliminary Waiver.Application - 1st hearing before City Council set for 7:00 p.m., Monday . 28 April. . This application is the first step of your approval process, and is necessary to obtain City Council permission to develop property in an environmentally - sensitive area.. Processing of the preliminary waiver must be completed in its entirety and a favorable decision granted before processing of the conditional use permit or shoreline management permit can go . forward. 80 -9 -CUP: Conditional Use Permit - The application has been found incomplete; further processing of the application is discontinued until the following items are received: A) Preliminary title report verifying ownership of the pro- perty. B) Corrected site diagram to include all content described in the master land development application form. (See Attachment "A" in this letter - underlined phrases pertain to missing content.). Resubmit 20 copies of revised dia- gram at 82" x 11" format. - As a courtesy, we have advertised a public hearing on the proposed conditional use permit for the. Planning Commission Bestway Motor Freight Inc. Proposed Freightl rminal Please contact me if you need further assistance on this matter. MC /mkb meeting of 29 May 1980; however, this hearing cannot take place, and will be postponed if a) the incomplete application materials just described are not received by this office in satisfactory form before 9 May 1980, and b) the City Council has not granted .a favorable decision on waiver application 80 -11 -W by 20.May 1980. 80 -12 -SMP (Shoreline Management Permit) - This application is also incomplete as follows: A) Revision of the shoreline permit diagram to include indication of mean high water level; measurement of pro- posed 50' river zone landward from mean high water elevation; location of all trees on site and indication of removal if proposed; dimensions of all property lines. Processing of the SMP application will begin upon receipt of the missing items just noted. - Issuance of the shoreline management permit cannot proceed without first receiving favorable approval of the conditional use permit, preliminary waiver and final environmental clearance. Environmental Assessment EPIC - 133 -8o - The environmental checklist has been referred to other agencies within and outside of City government; a decision on the need or not for an environmental impact statement on this project will be made by June 1. TUKWILA) NNING DEPT. Manic Caughey Acting Director Page 2 21 April 1980 'triff;"' 1111M 1111111,11 W r-101.1VAq1 Igati■ oLL\AD Wn29 nil II lir Ili M 1 1 III IR !Eli IIMI1 .:: itiouNeQ 9vo p. J • .......... 61104011MO 'VFW SOMONINIVSM • • . ' a FT MUM *I 1111. 111111 II I II 00,11M80111••• I 1 HoLlw\a .1s‘4 141.1v/Q Isom ■ MASTER LAND DEVELOPMENT APPLICATION FORM NOTE: Please write legibly or type all requested information -- incomplete applications will not be accepted for processing. SECTION I. GENERAL DATA = Bestway Motor APPLICANT'S NAME 1) 2) 3) 4) 5) APPLICANT'S :ADDRESS PROPERTY G''NER' S NAME Freight Inc. , \TELEPFaL ONE: ( 206) MU 2 - 8585 1765 6th Ave. S. ,Seattle ' ZIP: 98134 Bestway Motor Frt. TELEPHONE: (206 MU 2 -8585 PROPERTY OWNER'S ADDRESS 1765 6th Ave, , Seattle ZIP: 98134 LOCATION OF PROJECT: (geographic or legal descrip.) 6440 S. 143rd, Tukwila East 20' Lot 15 All of Lot 16, 17, 18, 19, 20 and 21 Hillmans Seattle Garden Tracts ROLL PAZ: 6) NAME OF PROJECT(OPTIONAL) Bestway Motor Freight terminal SECTIOV II: PROJECT INFORMATION 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: Office and Truck Terminal and separate shop area 8) 9) DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? PROJECT DATE a. NET ACRES b. • GROSS ACRES 4 e. LOT AREA COVERAGE c. PARKING SPACES 72 d. FLOORS OF ,CONSTRUCTION 2 BLDG.11, 196 SQ.FT. LANDSCAPE ti FEES: w5` -°- RCPT. 5V/12-- M.F. • EPIC. D YES NO SQ. FT. PAVING 50,00 0 SQ. FT. 10) DOES TIE AVERAGE SLOPE OF 11-E SITE EXCEED ICs? D YES D NO 11) EXISTING ZONING /y) - l 12. EXISTING CCMP.PLAN t,Dty�.�l . it Aft 13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION YES DNO ON THE CITY'S ENV IROWNIAL BASE MAP? 14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR 0TNER DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY c1 R, PLEASE INDICATE BELOW. a . m,¢ JALCO, Inc. ADDRESS: 6628 — 212th SW, Lynnwood 980 b. NAME: ADDRESS: rum . MASTER LAND DEVELOPMENT APPLICATION FORM SUPPLEMENTARY QUESTIONAIRE Schedule A WAIVER APPLICATION 1. State specifically the action in Ordinance No. 1137 to which you are requesting a waiver: • 2. Briefly and generally describe the project you are proposing: Freight terminal 3. Is your project unique in terms of design, land use or benefit to the Tukwila community? Yes, all buildings to be new construction 4. Is your project significant in scale? Yes 5. If the request for waiver involves building, grading, clearing, excava- tion, or filling in an environmentally - sensitive area, what mitigating solutions do you propose to offset the impact of such activities? .6. What goals and policies can you identify which support your request for waiver, if any? Land use surrounding property basic same land use 1 7. In your opinion, do the requirements of waiver ordinance 1137 impose a hardship on the use and development of this site? No r