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HomeMy WebLinkAboutPermit 77-3A-W - MCCANN DEVELOPMENT - REZONE WAIVER77-3a-w south 178th street mccann rezone COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN PLANNING. PARKS & RECREATION BUILDING December 8, 1976 KS /cw cc: City Clerk CITY of TUKWILFA OFFICE of COMMUNITY DEVELOPMENT Very truly yours, ` J Lkt Kee 1 Stoknes, Director Of ce of Community Development Mr. Bruce E. McCann P.O. Box 81066 Seattle, Washington 98108 RE: Waiver request applications to Resolution 489 Dear Mr. McCann: The Tukwila City Council at their last regular meeting of December 6, 1976 granted waivers to the two requests you had before them. These waiver requests were to authorize a rezone application for R -4 zoning on the property west and above Levitz and a C -2 zoning request for the property south and above Levitz. Please find attached with this letter necessary forms we will need completed from you in order to begin the application procedures. 6230 Southcenter Boulevard a Tukwila, Washington 98188 • (206) 242 -2177 \,iJILA CITY COUNCIL REGUL /' 1EETING ,ecember 6, 1976 Page 3 • Request for Waiver to Res. #489 for rezone, Bruce McCann /6 7v r Mayor Bauch gave a progress report on,the Comprehensive Plan. The Planning Commission's work sessions will be completed by the end of December and Staff will have the final maps available in January. By the 1st of March the review period on. the Environmental Impact Statemen will be up. It will be mid -year before the plan is submitted to the Council table and will take about two months for their review. Based on these facts, Mayor Bauch recommended that the Council grant the two waivers from Resolution #489 for rezones as requested by Bruce McCann and refer them to the Planning Commission for review. MOVED BY HILL, SECONDED BY SAUL, THAT THE COUNCIL GRANT THE TWO WAIVERS FROM RESOLUTION #489 FOR REZONES AND REFER THEM TO THE PLANNING COMMISSION FOR THEIR REVIEW. MOTION CARRIED WITH MS. HARRIS VOTING NO. Request for 1 Mayor Bauch called on Attorney Hard for an opinion on a waiver from Waiver to Res. ! Resolution #489 as requested by CHG International, Inc. • #489, Sec. 4:D.1 & 4:D.2, CHG International Attorney Hard explained that the application for the waiver is from a developer who wishes to apply for a Building Permit to build an apartment complex in the McMicken Heights area. The property is now zoned RMH which is the proper zoning for the use they intend. Resolution #489 makes a waiver necessary in certain areas where grading clearing, excavation or filling are in question. The question was raised, at the Committee of the Whole Meeting, as to whether the City can deny the applicant the right to file for a Building Permit in light of the fact that the Comprehensive Plan for the City• is in the process of being changed and there was indication that this area might be zoned something less than RMH. Attorney Hard stated that the way Resolution #489 is worded the Council probably can not deny CHG International the right to file for a Building Permit because they have met the requirements in showing that the land is probably stable. He further stated that he informed the lawyer for CHG International it was not necessary for him to be at this meeting. In the event the Council denies the waiver they have a right to request a Public Hearing. In light of the fact that the land is properly zoned for the use they want to put it, the Council can not deny their right to apply for a Building Permit on the grounds that there may be a change of the zoning in that area at sometime in the future. Councilman Saul expressed concern about the traffic from the apartment complex exiting onto South 160th Street and asked if there was any . way the Council could change this. Attorney Hard said that the Council can certainly make their wishes known to the Building Departmer . Attorney Hard explained further that once they apply for a Building Permit it just starts the process, the City could then determine that this project would adversely affect the quality of the environment in that area and require a full Environmental Impact Statement. Based on the EIS it might be.determined that this project should not • be completed. Attorney Hard stated that the area is properly zoned and they at least have a right to apply for a Building Permit. Mayor Bauch explained that after CHG International has applied for a Building Permit they still have to comply with Section C of Resolution #489. In reality,•if you grant the waiver to apply for a Building Permit, prior to the issuance of the permit, City Staff has to determine whether Section C of this Resolution will be violated. I in the EIS anything is being done that is "precedent setting" or it "contains significant environmental impacts which will not be mitigated" the Staff will have to send it back to the Council for another waiver to grant the Building Permit. Based on this, Mayor Bauch recommended that the City Council grant the waiver request. November 29, 1976 e 7:30 P.M. CALL TO ORDER ROLL CALL OF GARDNER, TRAYNOR, HILL, SAUL, MS. PESICKA, VAN DUSEN, MS. HARRIS. COUNCIL MEMBERS APPROVAL OF MINUTES MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE NOVEMBER 8, 1976 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. CARRIED. DISCUSSION Appointment to the Park Board - Introduction of Mrs. Mildred Heppenstall Proposed Ord. - re: Disorderly Conduct Wai - to Res. 489. . Bruce McCann re: Adjacent to and No. of So. 178th St. &. East of and Adjacent to I -5 b. NW corner of So. 180th St. & South - center Pkway. c. CHG Intl. - Vicinity of So. 160th St. & 51st Ave. So. !, d. Ehmke Property (Todd) - 62nd Ave: So. • CITY OF TUKWILA �' i.0MMITTEE OF THE WHOLE MEETING City Hall Council Chambers MINUTE' Council President Hill called the Committee of the Whole Meeting to order at 7:45 P.M. Mayor Bauch introduced Mrs. Mildred Heppenstall to the City Council Members. Councilman Traynor asked Mrs. Heppenstall if she was interested in recreation and parks. She replied that she was. Counci man Pesicka remarked that since one of the City Council priorities was a park area in McMicken Heights she wondered if Mrs. Heppenstall was interested in that project. Mrs. Heppenstall replied that she was interested in that priority as she lives in McMicken Heights. Larry Hard, Deputy City Attorney, explained the changes he had made in the proposed ordinance. Councilman Pesicka said it appeared to her the restrictions in the ordinance could be abused by some people. Deputy City Attorney Hard said the Police Department had asked for this ordinance. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THE PROPOSED ORDINANCE BE TABLED UNTIL A JUSTIFICATION FOR THIS LAW IS BROUGHT BEFORE THE CITY COUNCIL. CARRIED, WITH VAN DUSEN VOTING NO. Council President Hill stated since there were a number of the. ..... audience present for the discussion on waivers to Resolution #489, Item 6 of the Agenda, that matter would be discussed next. Kjell Stoknes, Director of Community Development, pointed out the area on . a wall map stating Mr. McCann had applied for a rezone to R -4. He stated the staff had recommended against this waiver. Councilman Traynor said we are so close to getting the Comprehensive Plan and the Public Hearing that he did not want to remove any more'waivers until he saw the Comprehensive Plan. Mr. McCann, owner of the property, stated he wanted to build multiple housing on his property. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT ITEMS 6.a. and 6.b. BE ON THE AGENDA OF THE DECEMBER 6, 1976 CITY COUNCIL MEETING. CARRIED. Kjell Stoknes, Director of Community Development pointed out the property involved on a wall map, stating it was located in McMicken Heights. He said the owner wished to construct apartment units. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ITEM 6.c. BE ON THE AGENDA OF THE DECEMBER 6, 1976 CITY COUNCIL MEETING. * Frank Alberti, representing the owner, stated there will be a very extensive report submitted showing in -depth deep soil tests. *CARRIED. Kjell Stoknes, Director of Community Development, said the applicant had requested a waiver to Res. #489 allowing him to apply for a rezone on the referenced property from R -3 to R -4. The applicant was proposing to build 48 units on the site - the same number allowed under R -3 zoning - but desires to construct six- plexes instead of four -unit dwellings which require a rezoning to R -4. He said his staff recommended approval of the waiver request. . MOVED BY VAN DUSEN, SECONDED BY MS. PESICKA, THAT ITEM 6.d. BE ON THE AGENDA OF TFIE DECEMBER 6, 1976 AGENDA OF THE CITY COUNCIL MEETING. CARRIED. CITY OF TUKWILA PLANNING DIVISION CITY COUNCIL STAFF REPORT DATE: November 22, 1976 REQUEST: Request for waiver to Resolution 489 for rezone PETITIONER: Bruce McCann PROPERTY Adjacent to and North of South 178th Street and East of and LOCATION: adjacent to I -5. 1. Is the proposed action consistent with the'presetly emerging Land Use Policy Plan? The applicant is requesting a waiver from Section 4.A of Resolution 439 which would allow him to apply for a rezone on the above referenced property from R -1 -12.0 (Single - family) to R -4 (Multiple- family). The procedures of Resolution 489 requires Planning Division analysis of four (4) items. They are as follows: STAFF COMMENTS: The proposed rezone to R -4 would not be consistent with the presently emerging Comprehensive Plan Map. The Planning Commission at the present time has the area proposed for single - family residential. The R -4 zoning, as requested by- the applicant, would not be consistent with this. 2. Does the proposed action represent a unique condition which is insignificant in scale and to which no other apparent alternatives are reasonable? STAFF COMMENTS: Although the property may be unique based on its location and access problems, Staff feels there are other apparent alternatives that are reasonable. 3. If the request for waivers involves grading, excavation, filling or development in geographical areas identified as having potential natural limitations for development, are mitigating measures provided? STAFF COMMENTS: The property is located in an areas which has been identified as being potentially unstable when modified as stated in Section 4.D.2 (a) of Resolution 489. Staff has no information showing differently from on site inspections by specialists in the field. (Reference: Data Inventory, Map 1 -3) City Council Staff Report RECOMMENDATION: Staff recommends this waiver request be denied. Attachment: Application for waiver questionnaire Vacinity Map Page 2 November 22, 1976 4. Do the requirements contained in Resolution No. 489 impose.a special hardship to a site for which a waiver of the provisions would not necessitate a major policy commitment prior to the aodption of the Land Use Policy Plan? STAFF COMMENTS: Since the proposed comprehensive land use map that the Planning Commission is presently working on shows the property proposed for single - family, staff feels that allowing a waiver to this rezone application would allow a major policy commitment prior to the adoption of land use plan. PLAWIING PARN5 4 kECHEATIO:1 BUILDING GC/cw . • : . .• ' • MEMORANDUM CITY of TUKVIIOLA OFFICE of COMMUNITY DEVELOPMENT • 4 November 1976 TO: Kjell FROM: Gary SUBJECT: Waiver From Resolution #489: McCann (Rezone: R-1 to R-4) 1. Although consistent with proposed Map, this site is included on the Open Space Overlay. Proposed use classification is not inconsistent with the policies of the Comprehensive Plan. 2. Do not believe the proposal to.be significant in scale nor are there any apparent reasonable alternatives. 3. Although there are certainly some potential natural limitations for development, these matters can be better addressed through SEPA and the resultant decision-making process. 4. Granting of this waiver is not believed to result in a major policy change or committment. Only apparent hardship is that applicant considers the current zOning:to be inadequate to accomodate reasonable development potential. Ownership Interest in Property: and west of Southcenter Parkway. ( CITY OF TUKWILA APPLICATION FOR WAIVER Front the Provisions of Resolution Number 489 (Please type or print) Date of Application: Name of Applicant: Bruce - E. McCann Mailing Address • P.O. Box 81066 . (8013 Perimeter Road South Section 4.A. - Rezone to Zone R4. Trustee City: Seattle Zip: 98108 Phone: 762 -2555, Legal Description of Property Affected: See attached drawing General Location of Property: Along the north side of South 178th street 1. State specifically the action in Resolution No. 489, Section 4 to which you are requesting a waiver: 2. Describe specifically the action you are proposing, including dimensional infor- mation about the development, site maps, etc., if available: Request a of the property depicted on the attached drawing. • •3. What is your justification for your request: (Please refer to items 1 -4 on the cover sheet and respond to them.) (1) Unknown (2) Yes (3) No (4) No (attach additional sheet, if necessary) 4. What other factual evidence is relevant to your request for waiver (such as exist- ing development in the vicinity of your property, soils and geologic investiga- tions, etc.): There are relati -1 e e •o • • 11'" • . • - capable of supporting developments similar to those north of the intersection of South 180th Street and Southcenter Parkway. (Attach any other information available which substantiates your request) Date of City Council Action: • (for office use only) Bruce E. McCann, Trustee Date Received t h " a/&eh4_ /976 Received by: Date scheduled before City Council: Ahmhi „,b. s t i74 Action of City Council: City of Tukwila Resolution No. 489 Interim Land Use Council Directive: August 18, 1975 Notice to Applicants for a Rezone, Comprehensive Plan Amendment, Actions with significant negative environmental impacts, or development in areas of natural hazards. Summary: Resolution No. 489 of the City of Tukwila directs that no applications for a rezone or comprehensive plan amendment shall be accepted or processed by the City until a new Land Use Policy Plan is completed and'adopted. This also applies to certain actions which are precedent setting, have signi- ficant negative environmental effects or in areas of natural limitations. Section 4 of the attached resolution specifies which actions'. are affected. Duration: This resolution will be effective until the first regular council meeting in'July,:1976, after which the City Council will consider the extension or repeal of its provisions. Should a new comprehensive plan be adopted prior to this date, the resolution will automatically be void. Waiver: Provisions are included in Section 5 of the resolution for an applicant to request a waiver upon the showing of facts and other evidence as specified in forms available from the City. Procedure: Attached is an application form to request a waiver of the provisions of this resolution. The City Council will review your request pursuant to Section 5 of Resolution No. 489. Prior to being presented to the City Council, the Planning Department will prepare a staff report with a recommendation based on an analysis 'of the following type of criteria: 1. Is the proposed action consistent with the presently emerging Land Use Policy Plan? 2 Does the proposed action represent a unique condition which is insignificant in scale and to which no other apparent alternatives are reasonable? 3. If the request for waiver involves grading, excavation, filling or development in geographical areas identified as having potential natural limitations for development, are mitigating measures provided? 4. Do the requirements contained in Resolution No. 489 impose a special hardship to a site for which a waiver of the provisions would not necessitate a major policy committment prior to the adoption of the Land Use. Policy Plan? 1 ;1 3 TITtJT:: 1 ;1::SO.LUTIO : 110. A RESOLUTIOI of the City Council of the City of Tu'.. acknowledging that the Comprehensive Plan for the City of Tukwila. no longer reflects currently held values of the community in regard to planning and land use development; recognizing the necessity of establishing a new land use policy plan or comprehensive plan; and declaring a proposed interim policy. WHEREAS, the comprehensive plan still in existence for the City of TdI wila was adopted prior to the enactment of the Washington State lnvironrnental Policy Act and City of Tukwila Ordinance No. 759 relating to environmental policy, and; WILEMT.AS, it is clear that the comprehensive plan for the City of Tukwila no longer entirely reflects currently held values of the community, its legislative body or the currently recognized state of the art of planning and community development, and; WHEREAS, it is necessary, as well as required, by the State Environmental Polio, Act to review the land use plans and planning processes of the City of Tukwila to assure that the land use plan, its goals and policies are consistent with the mandate of the Environmental Policy Act and the currently held values of the total community; VOW, Tk1 E ORE, BE IT RESOLVED by the Tukwila City Council as follows: Section 1: The City Council finds that the present comprehensive plan whic indicates public land use policy is no longer adequate to provide guidance for future decision making and land use management. Section 2: The City Council further finds that such plan is not related to clearly established goals and objectives for community development, nor is there - present consensus or understanding about the consequences of development actions - based on such plan. Section 3: The City Council directs that all segments of the city, includ- ing the City Council, its advisory bodies and the administration work together toward the identification and establishment of goals and policies consistent with the enviro mental mandate contained in the Environmental Policy Act, and with the currently held values of the community in order that anew land use plan may be prepared and adopted for the City of Tukwila. Section 4: The City Council further declares that until such time as anew land use policy plan can be prepared and adopted, the following actions are found to be those which current land use plans do not adequately address with standards and criteria. There is not sufficient understandin and consensus of the consequences of such actions upon present community values and future goals and resources. Therefore the City Council directs that no application requesting any of the following actions shall be accepted or processed by the City unt8l completion and adoption of a new . land use policy plan: A. Any rezone application, except a rezone from one single family residential classification to another single family residential classification. B. Comprehensive Land'Use Plan amendments. n a use • subsequent e t ' C. Those lend �..,.. actions which, ,ubsequenm. � to the of an Environmental Assessment or Environmental Impact Statement pursuant to the State Environmental Policy Act are found by the City Council to: Be 1. n Precedent setting. 2. Contain significant environmental impacts which will not be mitigated. D. Pro o :i o ;1 =1 C1Carin. ■ C vati0_r1 or Jailing i hicb are: 1. Located in ar. area 'with average :;lopes in excess of W. 2. iioc tCCl in a geogranhical area identified by governmental or quasi - governmental agencies as having: (a) Naturally unstable, unstable when modified, or in areas of known landslides. (b) Areas which serve to naturally detain significant amounts of stoma eater run -off. 3. Served by inadequate water, sewer, storm drainage or trans portation systems unless such action proposes the improve- ment of any deficient system to minimum city standards and at the expense of the•private sponsor. Section 5: Any proponent sponsor for an action identified in Section 4 above may appeal the provisions of .this policy to the .City Council and present evide. or other materials or findings to request a waiver of the provisions of this policy. Upon appeal, the city Planning Department shall recommend, and the City Council shat decide whether to permit an.'application to be filed and processed with the appropria city department or departments. The City Council will at such time consider only th question of whether or not there should be a waiver of•the policy herein adopted. Such action by the City Council shall in no way prejudge the. substantive merits of t: proposed action. If it is determined necessary or advisable, the City Council mey conduct a public hearing prior to reaching a decision oh any waiver._ request as to th provisions of this resolution. Notice for a public hearing shall be given at the applicant's expense in a manner prescribed by Chanter 18.92 of the Tukwila Municipal Code, Ordinance 251, as amended. /Section 6: The City Clerk is directed to file a cony of the resolution wi every department and advisory or administrative board for the City of Tukwila. Section 7: This resolution 'and the policy herein adopted shall be brought before the City Council for its review and reconsideration at the first regular coon ineetimc in July, 1976. • Section' 8: This resolution becomes effective thirty (30) days after passes Any application for a building permit on file with the City 30 days subsequent to passage of this resolution is exempt from the provisions of this policy. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, T•TASHINGTON, at a . regular meeting thereof; this.. ' . ' day of C. %,/ /�IJ /.•� ' 1 975. Mayor Date Approved (Not approved by the kNayor•)