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HomeMy WebLinkAboutPermit 77-17-CUP - YELLOW FREIGHT - CONDITIONAL USE77-17-cup south 133rd street south 134th place yellow freight CONDITIONAL USE PARKS & RECREATION PLANNING BUILDING 3 June 1977 Dear Mr. Daniels: Gary Crutc field Assistant Planner GC /cw cc: Dir, OCD City Clerk Enclosure CERTIFIED MAIL CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT Mr. Pat Daniels Republic Freight System, Inc. 10990 Roe Avenue Overland Park, Kansas 66207 The Tukwila Planning Commission, at its regular meeting of 26 May 1977, conducted a public hearing in consideration of your application for conditional use, specifically the location of the Yellow Freight truck terminal between South 134th and South 135th Streets in Tukwila. The Planning Commission, after public hearing and due consideration of all testimony, unanimously voted to disapprove the proposed truck ter- minal location due to the strong opposition expressed by the surrounding residential neighborhood. A copy of the minutes of the meeting is attached for your. information. The Commission's decision is final and conclusive unless appealed in writing to the City Council within ten (10) calendar days from the date of receipt of this letter. Should you have any questions, please contact me at your convenience. Sincerely, 6230 Southccnter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177 F lc co N LS) N RECEIPT FOR CERTIFIEr AIL -300 (plus postage) SENT TO POSTMARK Republic Freight Systems, Inc. STREET AND NO. 10990 Roe Ave. Pat Daniels. P.O., STATE AND ZIP CODE Overland Park, Kansas 66207 OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN 1. Shows to whom and date delivered 150 RECEIPT With delivery to addressee only 650 2. Shows to whom, date and where delivered , 350 SERVICES With delivery to addressee only 850 DELIVER TO ADDRESSEE ONLY 50d SPECIAL DELIVERY (extra fee required) PS Form. 3800 NO INSURANCE: COVERAGE PROVIDED- (Sep other side) ) r Apr. 1971 NOT FOR INTERNATIONAL MAIL * GPO ;1872 0 - 480 -743 - 77 -I 7 -&uf { • Planning Division, O.C.D. NEWS RELEASE YELLOW FREIGHT GETS RED FLAG The Tukwila Planning Commission, at its regular meeting conducted 26 May, responded to the pleas of several landowners and denied the location of a truck terminal near a residential neighborhood. Yellow Freight Systems, a freight transportation corporation based in Kansas, had requested the Planning Commission authorize the location of the new terminal on a 7 -acre site adjacent South 135th Street. The street, residential in character, separates the industrially -zoned land inside the City of Tukwila from the residentially -zoned land in King County. Planning Commission approval of location is required under the City's zoning ordi- nance. Several landowners, voicing strong opposition to the proposal and presenting more than 30 statements of opposition signed by nearby property owners, cited increased noise and air pollution and loss of residential property values as the basis for their opposition. Most of the property owners reside in King County and expressed concern regarding City actions which affect them. The Planning Commission, after hearing public testi- mony-both in behalf and in opposition to the terminal location, voted unan- imously to deny the request due to the overwhelming opposition presented by the surrounding property owners. Kjell Stoknes, Director of the City's Office of Community Development, informed the audience of the City Council's current deliberations on the new Comprehensive Plan and suggested that interested landowners provide input with regard to this area of the City. 27 May 1977 • • Planning Commission Minutes • NEW BUSINESS Page 3 26 May 1977 PUBLIC HEARING: REZONE, R -1 to C -2, Benaroya (Parkway Plaza West) Mr. Crutchfield pointed out the site requested for reclassification and explained the request. Vice- Chairman Richards opened the Public Hearing at 8:40 P.M. Mr. Crutchfield read the Staff Report on this subject. Mr. Ken Long, Benaroya Company, stated his agreement with the Staff Report. There being no further comments, Vice- Chairman Richards closed the Public Hearing at 8:45 P.M. Motion by Mr. Bowen, seconded by Mr. Sowinski and carried to recommend the City Council reclassify the property from R -1 to C -2 with the following stipulations: 1. The C -2 classification shall not exceed the natural toe of slope and shall be confined to that area depicted for commercial develop- ment in the attached survey drawing. 2. Three of the stipulations contained in Ordinance #567, as recited below, shall apply to that land area hereby reclassified in accor- dance with stipulation #1 above: a. Setbacks. 15 feet on front and side yards, and five feet on rear yards. b. Landscaping. As sites are developed, it shall be required that the 15 feet adjacent to the curb on Southcenter Park- way be landscaped, and all of the remaining portion of said site not covered by building or paved parking shall have a ground cover or landscaping to prevent wind and water erosion of the earth; the design of the landscaping and ground cover shall conform to similar standards'as adopted for Andover Industrial Park. All areas shall be maintained in a neat and orderly manner, to complement the parklike standards achieved by adjacent CM development. c. Architectural Control. The architectural control requirements of CM use area shall apply. Vice - Chairman Richards declared a 5- minute recess at 8:50 P.M. and recon- vened the meeting at 8:55 P.M. with all Commissioners present as recorded earlier. PUBLIC HEARING: Truck Terminal on South 134th Street (Yellow Freight) Commissioner Bowen excused himself from participation in this matter due to a conflict of business interests. Planning Commission Minutes Page 4 26 May 1977 Mr. Crutchfield introduced the application, explaining the location and nature of the proposal. Vice- Chairman Richards opened the Public Hearing at 9:00 P.M. Mr. Crutchfield read the Findings, Conclusions and Recommendation contained in the Staff Report. Mr. Pat Daniels, Yellow Freight, stated his general agreement with Staff Report but noted his specific disagreement with the conclusion regarding noise and the recommendation to restrict operational hours to normal day- time hours. Introduced several consultants in attendance in his behalf. Ms. Louellan Mathews, Wilsey & Ham (consultant), explained noise factors and manner of testing for ambient noise levels. Reiterated much of the noise information contained in the Environmental Questionnaire. Vice - Chairman Richards asked specifically how often the peak noise level would occur? Mr. Errol Nelson, Wilsey & Ham (consultant), noted the peak noise levels were reached twice in the half -hour he had conducted the noise level study at an existing freight terminal. Continued to explain an additional noise study conducted subsequent to the Environmental Questionnaire. This terminal will use a different type of loading ramp which will reduce potential peak noise levels. Also stated that such noise levels will occur infrequently and for very short periods of time. Read list of various noise types and associated decibel levels. Explained the distance and frequency factors associated with noise levels. Mr. Crutchfield read four letters which had been received by the Planning Division prior to the hearing. (These letters may be found in Planning Division M/F #77 -17 -CUP.) Ms. JoAnn Poirier, 13405 - 42nd Avenue South, agreed with ambient noise levels due to freeway, but noted this land is in a basin and peak noises reverberate. Property is more valuable than to use for truck terminal and would accomodate more compatible uses. The City can't really enforce the Staff - recommended hours of operation. There are many long -time residents and homeowners. Presented statements of opposition signed by landowners within the general vicinity. (These petitions may be found in Planning Division M/F #77 -17 -CUP.) Mr. Robert Borden, 4319 South 135th Street, stated his objection to the Negative Declaration of Environmental Significance. Read a lengthy prepared statement. (A copy of this statement may be found in Planning Division M/F #77 -17 -CUP.) Ms. Elizabeth Springer, 13325 - 42nd Avenue South; stated her disagreement with the Negative Declaration, noting that sound travels upward and residences are concentrated near the top of the surrounding hill. Also objected to fumes and the proposed landscaping. Planning Commission Minutes Page 5 26 May 1977 Mr. John Romero, 13304 - 42nd Avenue South, questioned the effect this might have on the nearby school. Also stated a realtor had told him he would not be able to sell his home under FHA if the terminal is located here. Mr. Ed Dauenhauer, 4526 South 135th Street, objected to potential noise factors. Mr. Jim Gaither, 4334 South 133rd Street, objected to the potential noise levels and vibration. Mr. Elray Simon, 4625 South 134th, noted no sidewalks exist in the area and trucks on such a narrow road is dangerous to pedestrians, specifically the children walking to the nearby school. Mr. Daniels submitted photographs of a similar facility. Noted that measure- ments of existing and potential noise levels prove that the truck terminal will not produce noise levels beyond the existing noise levels. Explained site improvement details such as grading, landscaping and building treatment. Noted many potential uses automatically allowed under M -1 (without Planning Commission review) are more detrimental to property values. The truck ter- minal will not use the residential street. There will be no refrigeration units. This terminal is an aesthetically - oriented development. Ms. Poirier noted the development concept at the time this property was rezoned did not include truck terminals but conceptualized light warehousing and office uses, more compatible with the residential neighborhood. Mr. Mark Bicknell, 13371 - 48th Avenue South, stated his disagreement with the Public Works Director in that South 134th is too narrow for trucks to be turning on and off. There being no further audience comments, Vice - Chairman Richards closed the Public Hearing at 10:50 P.M. Mrs. Avery explained her astonishment at the fact this property is even zoned M -1 and noted that care must be taken to protect the residential neighborhood. Motion by Mr. West, seconded by Mrs. Avery and carried unanimously to deny the application due to strong opposition of the surrounding residential neighborhood. Commissioner Bowen returned to the table. OTHER BUSINESS: A. Open Space Ordinance Mr. Stoknes explained concept of the ordinance noting it represents a rough draft. 26 May 1977 FINDINGS: CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT 8:00 P.M. AGENDA ITEM VII B: PUBLIC HEARING: TRUCK TERMINAL (YELLOW FREIGHT SYSTEMS) REQUEST: Planning Commission approval as required under Section 18.40.010 TMC. APPLICANT: Republic Freight Systems, 10990 Roe Avenue, Overland Park,. Kansas. LOCATION: Near 42nd Avenue and South 135th Street. SIZE: Approximately 7 acres ZONING: M -1 with 17 development restrictions (Ordinance #743) COMPREHENSIVE PLAN: Industrial The property, zoned M -1, is proposed to be used for a truck terminal. Such a use requires Planning Commission approval under Section 18.40.010 (41) of the Tukwila Municipal Code (TMC). 1. The subject property is a rectangular - shaped parcel situated between South 134th Street and South 135th Street, as portrayed in Exhibit "A ", and is classified M -1 (Light Industry) with the restrictions contained in Ordinance #743. (SEE, Exhibit "B ") 2. Section 18.40.010 (41) requires Planning Commission consideration and approval with respect to all of the following criteria: a. Traffic requirements of the streets on which such terminals would have access. b. Location and width of entrances and exits to such terminals. c. Provision of sufficient space, and open, enclosed and covered docks to allow the trucks when loading, unloading, maneuvering and parking to be entirely on private property. d. Additional fire hazards. e. Possibilities of additional traffic hazards or congestion. f. The effect of the proposed use on the present character or future development of the surrounding community. Planning Commission Staff Report Page 2 '26 May 1977 3. The proposed use consists of a covered loading dock, approximately 200 feet long and 50 feet wide, situated near the center of the property (200 feet from South 134th Street and 250 feet from South 135th Street). The dock is proposed to facilitate loading and unloading activities of approximately 15 trucks, although it could accomodate a maximum of 30 trucks at any given time. The rear of the site (along South 135th Street) is proposed to be landscaped to serve as a buffer to mitigate sound and light emanating from the site. 4. Public Works Department deems South 134th Street, primary access to Interurban Avenue and freeway interchanges, as satisfactory to support the use of the truck terminal. South 135th Street and 42nd Avenue South are both residential in scale and character. 5. A 30 -foot wide driveway extends along the south property line from the development portion of the site to South 134th Street and provides ingress /egress by way of a 30 -foot wide curb cut at South 134th Street. No access to the site is provided from South 135th Street. 6. The paved area on either side of the dock provides 110 feet of maneuvering space for trucks utilizing the loading /unloading dock. Also included are 28 truck parking spaces along the north property line and 33 employee /visitor automobile parking spaces in front of the proposed building. 7. Appropriate fire protection measures are expected to be implemented as required under the Uniform Fire Code. 8. Public Works Department does not feel the proposed use will cause any serious increase in traffic hazards or congestion. 9. The lands lying immediately south of South 135th Street and extending up the hillside overlooking the subject site are classified and developed as . single- family residential. (SEE, Exhibit "C ") 10. The lands adjacent the west line of 42nd Avenue South and extending up the slope as well as north to Interurban Avenue are classified and, developed as single - family residential. (SEE, Exhibit "C ") 11. The land situated immediately adjacent the north, east, and south boundaries of the subject property are classified as light industry. (SEE, Exhibit "C ") 12. The environmental information required pursuant to the State Environmental Policy Act (SEPA), focuses on potential noise and glare effects and is summarized. a. Noise: Along South 135th Street (nearest the residential zone), the ambient noise level currently approximates 56 decibels at 8:00 A.M. as well as at midnight (these figures represent the noise level experienced by residents 90% of the day or night). Dock activities and truck idling is measured at 55 decibels 90% of the time. Peak noise levels associated with the truck terminal are indicated to reach or exceed 75 decibels for short periods of time (such as the Planning Commission Staff Report Page 3 16 May 1977 starting of a truck engine, a truck pulling away from the loading dock, or the slamming of a loading door). Existing noise levels are also indicated to occasionally peak to a similar level. b. Light: The 24 -hour operation of the proposed facility would require lighting of the site. Such lighting is proposed to be provided from floodlights attached to the roof of the building with glare shields and tilt brackets to allow confinement of light and glare within property lines. 13. Ordinance #743, classifying the subject property M -1, contains 17 development restrictions which any use proposed thereunder must fulfill and complement. CONCLUSIONS: 1. The M -1 classification of the property was tempered with 17 development restrictions intended to ensure any development on this property would not detract from the established residential neighborhood situated along South 135th Street and overlooking the subject property. 2. While the fire, traffic, circulation, and maneuvering space criteria are generally met by the proposed use, any approval of a truck terminal must include conditions relative to the protection of the residential neighbor- hood to fulfill the mandate implicit in Ordinance #743. 3. The current ambient noise level is a result of the freeway and airborne traffic, over neither of which the City of Tukwila has any control except through sound land use planning. Night and early- morning operation of a truck terminal presents identified peak noise levels which will, in all practicality, serve as an undue detriment to the neighborhood's residents during those hours. 4. Were the hours of operation limited to normal daytime operational hours (7 A.M. to 6 P.M.), the need for lighting would be reduced to only that necessary for security. Such limitation would also eliminate the undue detriment of peak noise levels during comparatively tranquil residential hours. 5. The inclusion of adequate space and sufficient planting of appropriate species must be accomplished along South 135th Street to provide primarily a visual buffer from the residential view. 6. Access to and use of residential streets must be restricted and the driveway width must be adequate to accomodate turning trucks and be located in accordance with Section 18.56.040 TMC. 7. The truck parking area should be located along the south property line so as not to affect potential use of vacant industrial land lying north of this site. 7 7: • 7,777777 C Planning Commission Staff Report Page 4 26 May 1977 SUMMARY: Twenty -four hour operation of a truck terminal in this vicinity is unequivocally an undue detriment to the surrounding established residential neighborhood. Ordinance #743, while planning for industrial uses in this particular lowland area, included several development standards to ensure the industrial uses which developed there would not be injurious to the established residential neighborhood. Development of the remaining industrially - classified property adjacent to this site will be directly affected by the development of this site. Hence, should the truck terminal be authorized to locate on this site, it is essential to fulfill the mandate implicit in Ordinance #743 through restrictions intended to protect and maintain the established residential neighborhood. RECOMMENDATION: Staff recommends the Planning Commission authorize the truck terminal location only upon execution and recording of a Property Use and Development Agreement to include all of the following stipulations: 1. Grading indicated for the rear portion of the site be no closer than 30 feet to property line along South 135th Street and all significant vegetation within said 30 -foot strip along South 135th Street shall be maintained. 2. A detailed landscape plan, to include planting of the 30 -foot strip along South 135th Street with evergreen species at intervals sufficient to provide a dense visual screen within two years of planting, be submitted for review and be approved by the Planning Commission prior to issuance of Occupancy Permit and all plantings be accomplished within 60 days from date of issuance of Occupancy Permit. Said plan shall include an assigned savings account or cash bond to insure fulfillment of landscape requirement. 3. Truck routes shall utilize neither South 135th Street nor 42nd Avenue South and shall be restricted to use of South 134th Street to SR 599 interchange and Interurban Avenue. 4. The ingress /egress point at the east property line be 40 feet in width and located no closer than 20 feet from a corner property line. 5. Hours of terminal operation shall not commence prior to 7:00 A.M. and shall not extend beyond 6:00 P.M. 6. Lighting shall be restricted to that required for reasonable security purposes only. WILSEY & HAM e1C 1+1 Ps i T ,`A" SOTE L,i AT DN FIGURE 2 tr • general welfare, / 1 . ORDINANCE NO / WASHINGTON AN ORDINANCE RE-CLASSIFYING CERTAIN PROPERTY FROM R -1 ZONING TO M -1 ZO:ING WITHIN THE CITY OF TUKIILA. rr _- .- - r K ( t r WHEREAS, The owners of the following described oronert` have petitioned the Planning Commission requesting re- classification of said property from R -1 zoning to n--1 zoning in conformity with the comprehensive plan, and WHEREAS, Public hearings on said petition were held before the Planning Commission of the City of Tukwila, and the City Council having received a favorable recommendation from the Planning Commission with respect to the aforementioned petition; and WHEREAS, The City Council finds the requested classi- fication to be in furtherance of the public health, safety and MOW, THEREFORE, The City Council -of the City of Tukwila, Washington, do ordain as follows: That the following described real property is hereby classified as M -1 in accordance with Ordinance No. 251 of the City of Tukwila, as amended, and the City Council hereby adopts the attached map showing said classification for the real property described as set forth in Exhbit A attached hereto, subject to the following conditions: 1. Processes and equipment employed and goods processed or sold shall be limited to. those which VA are not objectionable beyond the boundaries of the , ,ti1�►�� �•. district by reason of offensive odors, dust, smoke d " \QZ �,-, ' or gas. 2. Waste disposal shall be by a method or methods approved by the Puget Sound Air Pollution Control Agency, or any other governmental body having jurisdiction thereover. 3. No - u' i e +shall'be Ue iil m''ted .l=i _ It "rasult_ '`ir industrial noise c2bo7 -i1V° sones'as- measured ad the outer: houldary of this district: E"X1 1 11 13I' 1 • 4. Necessary public rights-of-way shall be dedicated to the public either as a portion of a plat or upon acceptance of street dedication by the City Council. 5. To protect the abutting contiguous uses; a protective strip of land bordering the external, boundaries and along any frontage on public rights - of -way and devoted to the planting, cultivation, growing, and maintenance of sight- obscuring trees ,> : shrubs and plant life shall be established and > maintained. The maintenance guarantee of such protective strips and the planned landscaping of the site may be bonded to the city in a reasonable amount if required by the City Council. In lieu of such protective strip, under appropriate circum- stances, there may be substituted a use classifica- tion of the outer margin of this district consistent with or not objectionable to the use classification of the peripheral area. 6. Outdoor storage facilities shall be obscured: by an approved architectural screen or buildings:' specified on .the plat plan and, approved by the Planning Commission.'' 7. A plot and building plan showing compliance with the provisions herein stated and consistent with the amenities of the land use shall be filed with the Planning Department and the building per- mit application shall comply with this approved plot plan. 8. Structures shall not exceed 'thirty -five` feet' in height and /or three stories . except that when the site exceeds five acres, the-height may be raised one additional story for each additional two and one -half acres within the site area bound- aries when specifically approved by the Council upon recommendation of the Planning Commission. 9. Outdoor storage. shall not exceed twenty feet' in height', ; and shall be screened from abutting public streets and from adjacent properties. Such screens shall be a minimum of eight feet high, and not less than sixty percent of the height of the material stored.. • 10. The minimum setback from all publicly: used > . rights- of -wav shall be adequate to provide a park -like atmosphere, .and at least fifty feet. The same to be clearly set out in the plot and building plan and upon the building permit applica- tion when filed. 11. Off -stret parking shall be provided as stipu- lated in Chapter 18.56, Tukwila Municipal Code. OM 12. A solid r.,cre ?n" "planting and/or dc ti:rP iltlir 9RINT obscuring fence six feet high shall be provided; Fill It WniiC along the boundaries of the district, except at streets, where landscape or treatment 'shall.'" be as described in x;15 hereunder. 13. i•% of fifteen fee+ landscaped, shall.: rnvL.1?: on Ct (" :iT_ =i : :'� CJL':.l��C:' r _ l..`.+• �. i �, . i.0 be .:�...._. ...... om �.... ".: . • tfi .. - l'?- 1. ..i 1...- ..c.:•.... 11.1 . ,ft_..._ i_v.. '��. «�, �. __._ Crs _) CD Cv • Ordinance and map with the County Auditor. PASSED BY THE CITY COUNCIL and approved by the Mayor this Approved as to Form: • 14. Outside storage shall comply with requirements except that screening shall consist of a decorative obscuring fence and /or a solid screen planting of evergreens. In areas ad- jacent to residential uses, no outside storage shall be permitted._ 15. Utility easements and areas between pre;erty' lines and curbing shall be landscaped and /or treated with dust and erosion control planting or surfacing such as low growing evergreens, ground cover, shrubs, washed stream rocks, or a combina- tion of similar materials. IS. Detailed plans for landscaping and screening shall be submitted with plans for building and site improvements and the certificate of occupancy shall not be issued prior to'installation of land scaping and screening.' 17._ The use will not be unduly detrimental' adjacent /or surrounding properties. The City Clerk is directed to file a copy of this AO4h day of November, 1972. Published: 1 /7A4/'d //r»rs r^ �1 JJ �.� , City Attorney / //: /1, fiLUEP: :;:,•rr Ole FILE IN MU: WILSEY S. HAM FIGURE 2 eXI-HIT ° C." SIITE LE3C TgON Mdy , 19 77 V.P.C. Form No. 87 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. Betty Morris being first duly sworn on oath, deposes and says that ....5 heis the .1ie.f...c i R•rP of THE RENTON RECORD - CHRONICLE, a newspaper published four (4) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continue lly as a news- paper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Renton Record - Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Washington. That the annexed is a Notice of Public Hearing Truck Terminal as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period two of consecutive issues, commencing on the • to day of ray ,19 77 , and ending the • 18th May 77 day of ,19 , both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ l ? . l which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. Subscribed and sworn to before me this 18th Chief Clerk day of and for the State of Waington, residing at Kent, Ki ounty. — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. r 0 z t PUBLIC WORKS DEPARTMENT dvao Routhoantar Boulevard Tukwila, Washington EeOd7 telephone C SOS 3 E4E - R177 May 18, 1977 To: Gary Crutchfield, Assistant Planner ' From: Dick Williams, Office Engineer ID Subject: Storm Drainage, Yellow Freight Lines Site 0 hi With reference to the above - mentioned site, the existing Q storm drainage ditch located on the So. 134th Street side d of . the property is now being used to capacity and the Public Works Department would like to request that no building be Q allowed on this site until the storm drainage run -off problem W is resolved. i t It is my understanding that the installation of a 24" storm drain on the south side of So. 133rd Street was a requirement when the original proposal for development of this property was reviewed. A proposal for the resolution of this problem would be required but I think it would be premature at this . time; i.e., before Planning Commission approval. RKW /dp F. re W W N W W z z