HomeMy WebLinkAboutPermit 77-4A-W - MCCANN DEVELOPMENT - REZONE WAIVER77-4a-w
northwest corner south 180th street
southcenter parkway
MCCANN REZONE WAIVER
PARKS &
RECREATION
PLANNING
BUILDING
December 8, 1976
Mr. Bruce E. McCann
P.O. Box 81066
Seattle, Washington 98108
Dear Mr. McCann:
KS /cw
cc: City Clerk
4
CITY of T U KW 0 LA
OFFICE of COMMUNITY DEVELOPMENT
RE: Waiver request applications to Resolution 489
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.
Very truly yours,
s1tkvu.
Kee 1 Stoknes, Director
Of 'ce of Community Development
6230 5outhcenter Boulevard a Tukwila, Washington 96169 s (200..242-2177
\AILA CITY. COUNCIL REGUL 1EETING
, ecember 6, 1976
Page 3
W BUS N
Request for
Waiver to Res.
0489 for rezone,
Bruce McCann
Request for
Waiver to Res.
#489, Sec. 4:D.1
& 4:D.2,
CHG International
{
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.
Mayor Bauch called on Attorney Hard for an opinion on a waiver from
/Resolution #489 as requested by CHG International, Inc.
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
7:30 P.M.
CALL TO ORDER
MINUTE'
CITY OF TUKWILA City Hall
`COMMITTEE OF THE WHOLE MEETING Council Chambers
Council President Hill cal1:d the Committee of the Whole Meeting to
order at 7:45 P.M.
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
Waivers to Res. 489
a. Bruce McCann re:
Adjacent to and No.
of So. 178th St. &.
East of and Adjacent
to
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.
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. Council
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.
1
Kjell Stoknes, Director of Community Development, said the applicant
had requested a waiver toRes.. #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. Ne 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 THE 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 Northwest corner of South 180th Street and Southcenter
LOCATION: Parkway
The applicant is requesting a waiver to Section 4.A of Resolution 489
allowing him to apply for a rezone on the above referenced property from
R -1 -9.6 (Single- family) to M -1 (Light Industry).
The procedures of Resolution 489 requires Planning Division analysis of
four (4) items. They are as follows:
1. Is the proposed action consistent with the.presently emerging
Land Use Policy Plan?
L D
2' w
STAFF COMMENTS: The Planning Commission during their work meetings
has designated this property in the preliminary Comprehensive Plan
Map as single - family. Because of this, the proposed rezone request
to Light Industry would be inconsistent 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?
STAFF COMMENTS: It is the feeling of staff that this is not a
unique condition that is insignificant in scale and that there
are other alternatives to this property 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 area which has been
identified as being potentially unstable when modified per Section
4.D.2 (a) of Resolution 489. (Reference: Data Inventory, Map 1 -3)
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 adoption of the
Land Use Policy Plan?
City Council
Staff Report
STAFF COMMENTS: The allowance of a waiver to this request would
allow a commitment to a different use than proposed in the preliminary
comprehensive land use map and therefore would be a major policy
commitment.
RECOMMENDATION:
Staff recommdns that this waiver request be denied based on the above analysis.
Attachment: Application for waiver questionnaire
Vacinity Map
}Y Page 2
November 22, 1976
PLANNING
PARKS d
RECREATION
BUILDING
GC /cw
,
C
MEMO RANDUM
CITY of TUKWILA
OFFICE cif COMMUNITY DEVELOPMENT
4 November 1976
TO: Kjell
FROM: Gary
SUBJECT: Waiver from Resolution #489: McCann (Rezone: R -1 to M -1)
ti
1. Subject site is indicated for ultimate commercial use on proposed Map
and is included on proposed Open Space Overlay.
2. Believe the proposal to be a unique condition (due to topography
and location) and possibly insignificant in scale. Other reasonable
alternatives, however, are apparent, i.e., low intensity commercial
or office uses.
3. Again, potential natural limitations are apparent but may be better
addressed through SEPA and rezone process.
4. Granting this waiver would certainly impose a major policy change--
specifically, that industrial use areas are not restricted to the
low land areas. This parcel is physically, functionally and visually
related to the valley wall.
CITY OF TUKWILA
APPLICATION FOR WAIVER
From the Provisions of
City: Seattle Zip: 98108 Phone: 762 -2555
(Please type or print)
Date of Application:
Name of Applicant: Bruce E. McCann
Mailing Address: P.O. Box 81066 (8013 Perimeter Road South)
Ownership Interest in Property: Trustee
Resolution Number 489
Legal Description of Property Affected: See attached drawing
General Location of Property: Along the north side of South 178th Street
west of Southcenter Parkway.
1. State specifically the action in Resolution No. 489, Section 4 to which you are
requesting a waiver:
Section 4A. - Rezone to Zone et
2. Describe specifically the action you are proposing, including dimensional infor-
mation about the development, site maps, etc., if available:
Request a rezone 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
c
c
(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 relatively level portions of the property
capable of supporting developments similar to those found north of
the intersection of South 180th Street and Southcenter Parkway.
(Attach any other information available which substantiates your request)
Xi
Date Received: 4 / ?74
•
Received by: A0147 4444444
Date scheduled before City Council: tigeheatiam, 2.2,11;N;
Action of City Council:
Date of City Council Action:
(for office use only)
Bruce E. McCann, Trustee
•
City of Tukwila
1M -A
Notice to Applicants for a Rezone, Comprehensive Plan Amendment, Actions
with significant negative environmental impacts, or development in areas of
natural hazards.
Resolution No. 489
Interim Land Use Council Directive:
August 18, 1975
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?
C
1 ;: ;30L. IO: 110-
A RESOLUi'ION of the City Council of the City of
Tukwila 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.
W1 Ec SAS, the comprehensive plan still in existence for the City of Tukwila
was adopted prior to the enactment of the Washington State Environmental Policy
Act and City of Tukwila Ordinance Do. 759 relating to environmental policy, and;
j•1TJEREAS, 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 Polic.
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 consinten_t with the mandate
of the Environmental Policy Act and the currently held values of the total community;
NON, THEREFORE, BE IT RESOLVED by the Tukwila City Council as follows:
Section 1: The City Council finds that the present comprehensive plan Srhic:
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 tower
the identification and establichment 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 a new 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 a nel
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 understanding and consensus of the consequences o
such actions upon present community values and future goals and resources. Therefor
the City Council directs that no application requesting any of the following actions
shall be accepted or processed by the City unt81 completion and adoption of a ne w
land use policy plan:
B. Comprehensive Land "Use Plan amendments.
A. Any rezone application, except a rezone from one single family
residential classification to another single family residential
classification.
1. n E=receden t setting.
C. Those land use actions which, subsequent to the preparation of
an Environmental Assessment or Environmental Impact Statement
pursuant to the State Environmental Policy Act are :found by
the City Council to:
2. Contain sig nificnn environmental impacts t;1tich t•1.i11 not
bc: niL igaLed.
ATTEST:
:u. 1'.i Ono: E;i ac" 1 clea '1n_;, ex
(7
3i.:.Un or :%1iiin ttre:
1. located in an area with average slope:; in exce is of 25;x.
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 sha]
decide trhether to permit an., application to be filed and processed with the appropriE
city department or departments. The City Council will at such time consider only ti
question of whether or not there should be a waiver of. the policy herein adopted.
Such action by the City Council shall in no tray prejudge the substantive merits of i
proposed action. If it is :determined necessa 7 or advisable, the City Council may
conduct a public hearing prior to reaching a decision on any waiver request as to tY
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 2.Iunicipa]
Code, Ordinance 251, as amended.
/Section 6: The City Clerk is directed to file a cony of the resolution w9
every department and advisory or administrative board for the City of Tukwila.
Section 7: This resolution and the policy adopted shall be brought
before the City Council for its review axed reconsideration at the first regular couY
neetinz in July, 1976. •
Section This resolution becomes effective thirty (30) days after pass
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 COUITCIL .OP 'THE CITY OP TUKWILA., WASHINGTON, at a regular
meeting thereof, this. day of • 6l / / /.4.i " 1975-
•
/ 9 /i nn v
t �:� /C. C
r /
Located a a , -'l area identified f a
2. �UCc. C. 121 v �;CO�Z`a.i7'i.ica._ crec.. 1C'l..`_1'�.1.►.1Cd y vOV(;:Ci7:..en'l:i �„
or quasi- governmental agencies as having:
(a) Naturally unstable, unstable when modified, or
in areas of known landslides.
(b) Areas z rhich serve to naturally detain cignificant
amounts of stoma Crater 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.
•
r.?ayor . (Not approved by the Mayor.)
Date .Approved