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HomeMy WebLinkAboutPermit 77-12-W - BENAROYA COMPANY - SENSITIVE AREA WAIVER TO REZONE77-12-w 17303 southcenter parkway benaroya waiver BENAROYA COMPANY WAIVER TO REZONE COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN Relating to Consumption of Alcoholic Beverages 'W aiver from Res. #489, Jack A. Benaroya, Rezone from R -1 -12 to C -2, \17303 Southcenter Parkway \\ MOVED Eilf vAD IUSEN, SECONDED BY TRAYNOR, THAT THE AGENDA BE AMENDEI TO INCLUDE AN ORDINANCE RELATING TO THE CONSUMPTION OF ALCOHOLIC BEVERAGES. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Deputy City Attorney Hard read an ordinance of the City of Tukwila amending Section 1 of Ordinance No. 945 and Section 8.04.520 of the Tukwila Municipal Code relating to the consumption of alcoholic beverages in public places. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT ORDINANCE NO. 1015 BE ADOPTED AS READ. * Attorney Hard stated that public place can be defined as any place where the public is invited. He recommended passing the ordinance as it is worded. Councilman Hill stated he would like to see the penal increase with each violation - $10.00 the first time, $20.00 second tilt. $30.00 the third time. Councilman Traynor stated he would like to see it 'not more than $100.00' and let the judge decide. Tom Bernard askc"t • if a motel balcony is a public place? Attorney Hard stated that this is a good illustration of the problem of specifically trying to define public place. Under this ordinance the Police Officer will have some discretion here. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THE ORDINANCE BE AMENDED TO INCREASE THE FINE FROM $10.00 TO $100.00. MOTION CARRIED. Councilman Bohrer asked if this applies to the new park since the property is neither owned, operated nor leased by the City of Tukwila but is a public place. He wondered if the wording should be more specific to include the park. Mayor Bauch stated that this ordinance applies to all public places within the City of Tukwila. The ordinance would not cover any franchise for alcoholic beverages within Fort Dent. They would have'to'obtain a liquor license. Councilman Van Dusen stated that the purpose if to limit drinking in parks and parking lots. Attorney Hard recommended passing the ordinance as worded. • * MOTION CARRIED TO ADOPT ORDINANCE #1015 Councilman Bohrer noted that no one was present representing Benaroya when the waiver request was considered. Now, Mr. Long is in the audience with additional informaiton. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL RECONSIDER THEIR ACTION ON THE WAIVER OF RESOLUTION NO. 489. MOTION CARRIED. Mr. Kenneth D. Long, representing the Jack A. Benaroya Company, explain the location of the property and the proposed development. He noted the flat area behind the Carriage House and that there has been considerati► given to a building there. He further indicated the location of a proposed building north of the Carriage House with parking to the west. He asked Council to reconsider their previous motion to restrict the rezone request to the area east of the railroad tracks. Councilman Pesicka stated that the main concern is the hillside. Mr. Long assured them they have no intention of touching that area. Kjell Stoknes suggested defining the waiver as limited to the toe of the slope. Mayor Bauch pointed out that this is a rezone request and it does come back to the Council for final action. r. r : u COUNCIL intr+ r. CI 1 1 COUNC LL f 2. 1977 ,.!-.:. from RNs. #489, Jack A. Benaroya, Rezone from R -1 -12 to C -2, 17303 Southcenter Parkway RESOLUTIONS Res. #582 Authorizing the Mayor to Sign an Agreement con- cerning Flood Damages Res. #583 Authorizing the Mayor to enter into a Relinquishment Agreement RE JLAR (MEETING FIRST READING OF ORDINANCES, CONTINUED MOVED Tl V A VAN Q T BY r rr nv TN AT COUNCIL .+r. +..., MOVED 2 SAN DUSEN, SECONDED Br MRS. PESICKA, NA COUNCIL RECIND THE PREVIOUS MOTION AND GRANT THE REQUESTED WAIVER AS LONG AS IT IS CONSISTENT WITH THE DEVELOPING COMPREHENSIVE PLAN. * Councilman Bohrer suggested an alternative would be to include the additional property to be rezoned as bounded by the north property line on the north, contour line 25 on the west, and railroad tracks on the southeast. This would allow the specific triangle for parking but does not include the canyon. *MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to sign an agreement entered into by and between King County, the City of Auburn, the City of Kent, the City of Renton, and the City of Tukwila for the purpose of collectively developing a work program to guide in the formulation of an interim policy and regulatory plan which can serve to mitigate existing and future flood damages in the lower Green River Valley until such time as federal flood protection projects are implemented. MOVED BY HILL, SECONDED BY SAUL, THAT RESOLUTION NO. 582 BE ADOPTED AS READ. * , Kjell Stoknes explained that the King County Prosecuting Attorney is not satisfied with the fourth "Whereas" and he recommended changing this Section of the agreement. The original section says that the County and the local cities have been requesting flood control permits when really it is the private developers that have requested the permits. He explained that all of the cities will be adopting the amended version. Mayor Bauch explained that the Council cannot change the agreement; therefore, Council can only instruct the Mayor to sign an agreement that has been amended. Attorney Hard said the Council can instruct the Mayor to sign an agreement as long as it contains the recommended clause. MOVED BY HILL, SECONDED BY SAUL,. THAT THE MAYOR BE ALLOWED TO SIGN THE AMENDED VERSION OF THE-AGREEMENT. MOTION CARRIED. * MOTION CARRIED. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to enter into a Relinquishment Agreement (GM -913) with the State of Washington, Washington State Highway Commission, in reference to relinquishment of certain rights -of -way. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT RESOLUTION NO. 583 BE ADOPTED AS READ. * Councilman Hill reminded the Council that every right -of -way the City accepts has to be maintained and this takes people. Mayor Bauch assured the Council that he would not sign the agreement until he is sure the lawsuit between the State and Miss Helen Nelsen had been completely resolved. * MOTION CARRIED. l 1.1.... ,, 1( 'RAJ r_, _.r r 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL APPOINTMENTS Board of Adjustment PUBLIC HEARING Upland Ind. Park, Preliminary Plat PETITI ver from Res. #489, Jack A. Benaroya, Rezone from R -1 -12 to C -2, 17303 Southcenter Parkway '?URTHER DISCUSSION 2)11 PACE 6) 1 ' ,1 �II )((.:A.Le..1 /iA 1 • .1 , 1. VCa e - J tiivL , t - , TUKWILA CITY COUNCIL REGULAR MEETING MINUTES Tukwila .' 1 -. IC i t .. ::.-111 1Un1YI 14 1r1 t Council Chambers Mayor Bauch, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. BOHRER, GARDNER, HILL, MRS.PESICKA, SAUL, TRAYNOR, VAN DUSEN John McFarland, Administrative Assistant; Steve Hall, Public Works Director; Kjell Stoknes, OCD Director; Lawrence Hard, Deputy City Attorney; Maxine Anderson, City Clerk. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE MINUTES OF THE REGULAR MEETING OF APRIL 18, 1977 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT COUNCIL DEFER APPROVAL OF THE MINUTES OF THE SPECIAL MEETING TO THE NEXT REGULAR MEETING TO GIVE COUNCIL A CHANCE TO REVIEW THEM. MOTION CARRIED MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Current Fund Street Fund Fed. Shared Rev. Water Fund Sewer Fund Vouchers No. 2364 - 2505 2364 - 2460 2461 - 2473 2474 - 2478 2479 - 2495 2496 - 2505 $ 17,740.63 4,038.52 2,028.75 11,634.43 4,280.70 $ 39,723.03 MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE APPOINTMENT TO THE BOARD OF ADJUSTMENT BE DEFERRED TO THE REGULAR MEETING OF MAY 16, 1977. MOTION CARRIED. Mayor Bauch noted that Mr. R. D. Uhrich of Uplands Industries was not in the audience and suggested waiting until his arrival to hold the public hearing. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THIS ITEM BE DEFERRED UNTIL LATER. MOTION CARRIED. ,COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Kjell Stoknes, OCD Director, reported that this is a request for a waiver from Jack Benaroya and Company for property along Southcenter Parkway adjacent to the M -1 zoned property. The railroad spur cuts through a part of the single family property and he is asking that this property be made C -2 which is consistent with the new Comprehensive Plan. Mr. Stoknes stated that this happened because the north boundary line was not transferred accurately to the zoning map. He recommended approval of the waiver. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT COUNCIL GRANT THE WAIVER REQUEST AND THAT BENAROYA BE ALLOWED TO PROCEED WITH THEIR REQUEST FOR A REZONE. * Councilman Traynor stated this looks like an error on the part of the City so he will support the waiver. Councilman Bohrer stated that he does not agree with their request for a rezone of the portion fe fh.f h to of the }hr the p roperty ro Fo rre tr� -+r the N ran.'' . H. e'�i Fr.rl r, 1 t t. ._ _ flat _ 1 h 1 ., t a i.- ..:.�. 1('. i' .. '7" �„�i'1�'f r . 'i �" land :]1jn1 i�il'1 . I' the t . n �, t 11 l IJ" 1'.! "j . ^ � l IUrlllIri _IIIIlu.1Y• I'( I1F.1 .11lrlr'rlI1Y' -. 11r1 htUrirl/'onPr1C1111+ Plan in ..:Y:.'.::.3:7'. +'4:i _. 7wa. 4...: rL.Y:....::..�.nr:.:.us:::cz..: •r'2 =:.. ..�i_ .,. Y age 2 ,w7;iver from 1 J t)n.. L109 1 Jack A. 3enaroya, Rezone from R -1 -12 . to C -2, 17303 Southcenter Pkwy. Continued U WILA CITY COUNCIL REGUIf MEETING .1 _... n 1/1-7-7 . OLD BUSINESS Vacation of Portion of So. 168th, East of 53rd Ave. So. PUBLIC HEARING Upland Ind. Park Preliminary Plat hillside is designated as an environmental critical area sensitive area. Mr. Bohrer asked i f i t was appropriate to Igges+ hat rezone be limited t t s _ 111a the to suggest that 1 VL. VII . uC 1 11i1 VC.0 VU a portion of the property east of the railroad tracks. Kjell Stoknes stated that Council could grant a limited waiver on this. MOVED BY BOHRER, SECONDED BY MRS. PESICKA, THAT THE MOTION BE AMENDED TO STATE THAT ONLY THE REZONE REQUEST BE LIMITED TO THAT PORTION OF THE PROPERTY EAST OF A LINE PARALLEL TO THE RAILROAD TRACKS AND THAT LINE BEING ON THE WEST SIDE OF THE TRACKS 20 FEET FROM THE CENTER LINE OF THE TRACKS. ** Councilman Gardner noted that this R -1 property had been left out of LID #27. Steve Hall, Public Works Director, stated that they would request a stipulation be put in the rezone that they participate in LID #27 at a fair share cost. ** MOTION CARRIED ON THE AMENDMENT TO THE MOTION. * MOTION CARRIED TO GRANT THE WAIVER, AS AMENDED. Councilman Hill stated that Council adopted a policy relating to the acquisition and retention of surplus properties and Council seems to be in agreement with this policy. MOVED BY HILL, SECONDED BY TRAYNOR, THAT COUNCIL DENY THE VACATION OF A PORTION OF SOUTH 168th STREET. * Councilman Van Dusen stated that Mr. Hoffman, one of the petitioners, requested permission to put up a barricade or plant trees to keep cars off the right -of -way and he suggested this maintenance of the right -of -% be worked out through the Public Works Department. Councilman Saul asked if this section of the right -of -way would tie into the proposed path to Southcenter. He was told that it very possibly could. * MOTION CARRIED. This being the date set and proper notice having been published, Mayor Bauch explained that the purpose of the Public Hearing is to receive comments from interested parties on the preliminary plat submitted by Upland Industries. Mayor Bauch declared the Public Hearing open. Kjell Stoknes, OCD Director, gave the staff report. He explained that he and Steve Hall met with Mr. Dave Uhrich of Upland Industries and they have come up with the following recommendations: 1. Upland and the abutting property owners to the south shall cooperat and develop a joint public road on the south portion of the propert to be dedicated to the City. 2. The proposed Kalapuya Drive shall be extended westerly to provide at least 40. feet of pavement contact with the westerly lots. 3. Vehicular access to abutting properties on the northern 30 foot road and utility easement shall not be allowed. This shall so be stated on the final plat along with the recording numbers of all easements presently on the property. Tom Bernard, representing Cabot, Cabot & Forbes (land owner in the area requested the condition that the plat be approved with the understandin that no cost incurred would be transferred back or charged against other property owners in the area. Dave Uhrich explained that the development of the road on the south is a complicated problem as there are three property owners involved. He assured the Council the street would be built to City Standards but since they do not have full control the timing on the development is the problem but would take place as soon as possible. He stated that there is a n on the plat, since 13 feet of the property bel 70 r9 n l rn th it T hi r the s Idi 1 nn d r erun b ■ CITY OF TUKWILA PLANNING DIVISION CITY COUNCIL STAFF REPORT DATE: 25 April 1977 REQUEST: Waiver from Resolution #489, Rezone from R -1 -12.0 to C -2 PETITIONER: Jack A..Benaroya Company PROPERTY LOCATION: 17303 Southcenter Parkway The Benaroya Company has requested to rezone the former "Giovanelli property" from R -1 -12.0 (single - family residential) to C -2 (local retail business). The size of the subject property is approximately 5.5 acres and is located on the west side of Southcenter Parkway near the relocated Milwaukee railroad spur track, (SEE, Attached Map). Because of a zoning district boundary error on the City's zoning map, staff approved a building permit which mistakenly allowed the construction of the Carriage House to intrude approximately 40 feet onto the subject site. This error has been recently discovered by staff and no further permits for other commercial developments can be issued until the property is rezoned. Resolution #489 requires the Planning Division to analyze the following four items in consideration of the waiver request: 1. Is the proposed action consistent with the presently emerging Land Use Policy Plan? STAFF COMMENTS: Although the Land Use Policy Plan is not yet officially adopted, the Planning Commission has recommended a Land Use Plan Map to the City Council. According to their proposal, the subject site is desig- nated for commercial use. Basically, according to the Planning Commission's proposed map, a commercial concentration is designated for both sides of Southcenter Parkway from Southcenter Shopping Center south to South 180th Street. As such, the proposed rezone seems to be consistent with the emerging Land Use Policy Plan. 2. Does the proposed action represent a unique condition which is insignifi- cant in scale and to which no other apparent alternatives are reasonable? STAFF COMMENTS: There are no special circumstances concerning this property or the request which would identify the proposed action as a unique condition. The proposed action may be insignificant in scale if development does not subsequently occur on the steep slope located on the rear portion of the site. Considering the developed nature of surrounding properties, the alter- native of developing to a use allowed under current R -1 -12.0 zoning does not appear to be reasonable. City Council Staff Report Page 2 25 April 1977 3. If the request for waiver involves grading, excavation, filling or devel- opment in geographical areas identified as having potential natural limi- tations for development, are mitigating measures provided? STAFF COMMENTS: The rezone request itself does not involve grading, exca- vation or filling. However, potential development which might occur under C -2 zoning could involve grading or excavation to the steep, wooded slope on the western portion of the site. If this were to occur, mitigating measures would be addressed pursuant to SEPA and City Ordinance #986. 4. Do the requirements contained in Resolution #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: In this case, the requirements of Resolution #489 do seem to impose a special hardship to a site which may not necessitate a major . policy commitment. There are no reasonable alternative uses under current zoning. The "developable" area of the site is not significant in scale. Since the general vicinity of the waiver request has been developing under current zoning to a regional commercial area and the emerging Land Use Policy Plan designates this site and the general area along Southcenter Parkway as "Commercial ", it does not appear that the granting of the waiver constitutes a major policy commitment prior to adoption of the Comprehensive Plan. RECOMMENDATION: Staff is not concerned about any major policy commitments with regard to this waiver request and for the above stated reasons recommends that the waiver be granted. Order N u r; b e r 340635 'eahe 5 Parcel 1; STI LEGAL EXHIBIT "A" That portion of the Southeast quarter of the Southwest quarter in Section 26, Township 23 North, Range 4 East, W.M., in King County, Washington, lying Westerly of the County Rodin; EXCEPT that portion lying Southerly of a line described as follows: Beginning at the Southeast corner thereof; Thence Northerly on the West margin of 57th Avenue South 564.36 feet to point of curve; Thence on .a curve to the right 225.87 feet to the point of tangency and point of beginning; Thence North 36 West 83.38 feet; Thence South 76°47'13" West 130.27 feet; Thence South 64 West 181.90 feet; Thence South 76 West 50.90 feet; Thence South 40 °10'04" West 75.97 feet; Thence South 85 ° 08' 34" WEst 150.6 feet to the point on the Westerly line of said subdivision and the terminus of said line; ALSO Parcel 2: Beginning at the Northwest corner of the Southwest quarter of Section 26, Township 23 North, Range 4 East, W.M., in King County, Washington, and running; T South 89 East along the North line of said subdivision, 892 feet; Thence South 0°48'39" East, parallel with the West line of said subdivision, 1330.13 feet to the true point of beginning of the tract of land herein described; Thence South 89 ° 21' 31" East 427.72 feet to the East line of the West one -half of the Southwest quarter of said Section 26; Thence South 0 °26'49" East along said East line 312.20 feet to the South line of the North one -half of the North one -half of the . Southwest quarter of the Southwest quarter of said Section 26; • Thence North 89 ° os'06" West along said South line 425.77 feet; Thence North 0 WEst 310.61 feet to the true point of beginning; • EXCEPT that portion thereof lying Westerly of the Easterly line of Primary State Highway No. 1, as conveyed to the State of Wash - ington by deed recorded under King County Recording No. 5484948; Being known as that portion of Lot 41 of Sunrise View, according to the unrecorded plat thereof, lying Easterly of Primary State Highway No. 1. • If w t_ , ® '�\ TUKWILA CITY LIMIT! CITY OF TUKWILA 6ifao f Wetiver j uset wry* Co. 'TI413 FbIta fi t S890 2p 31" G: 892.' ArAtl 50 33 "I .I',°i'so.t3 Fitorn 711G. N.%) . Cot.:rm2 or- - tt+e SW /q r This sketch is not based upon a :y of the property described in Order No. , 1 �; "The sketch is for your aid m "locating your land with reference to street^ ,kd ot� her parcels. . - IA /hie it is believed to be correct, the Company assume no liability for any loss occurring by reason of reliance thereon." SAFECO TITLE INSURANCE COMPANY mac»- Tll��y - 7 SIC SY�/ c hr-r.� 1 e-A CJc -7 p: - .4 E W 1 v l - Paragraph A: Rezone Application To Rezone from R -1 to C -2. CITY OF TUKWILA APPLICATION FOR WAIVER From the Provisions of Resolution Number 489 (Please type or print) Date of Application: April 19, 1977 Name of Applicant: • Jack A. Benaroya Company Mailing Address: 5950 - 6th Avenue South City: Seattle, Wash. Zip: 98108 Phone: 762 -4750 Ownership Interest in Property: Jack A. Benar ya Company Legal'Description of Property Affected: See Attached Exhibit "A" General Location of Property: 17303 Southcenter Parkwa Tukwila Washinsto 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: c 3. What is your justification for your request: (Please reFer to items 1-4 on the cover sheet and respond to them.) The proposed action is consistent with the City of Tukwila's Comprehensive Land Use Policy Plan and with the existing City of Tukwila's Zoning Map and is in keepins with current land use development. A Waiver of Resolution 489 for this request would not necessitate a major policy commitment prior to the adoption of a Land Use Policy Plan. (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.): The proposed action would zone the property to a use consistent with development in the area. Date Received: Received by: (Attach any other information available which substantiates your request) • Date scheduled before City Council: • Action of City Council: Date of City Council Action: J CK A. BENAROYA BY: Kenneth D. Long (for office use only) C.