HomeMy WebLinkAboutPermit 74-67-R - SEATAC FOOD SERVICES - REZONE OUTSIDE CITY LIMITS74-67-r
13829 51st avenue south
rezones outside city limits seatac food services
COMPREHENSIVE PLAN COMPREHENSIVE LAND USE PLAN
COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN
CITY OF TUKWILA
Mr. Edward B. Sand, Director
Land Use Management Division
W 217 King County Courthouse
Seattle, Washington 98104
Dear Mr. Sand:
This is to inform you that this office, in behalf
of the City of Tukwila, has no comment regarding
the proposed rezone referred to above.
Thank you for the notification.
Yours truly,
7
•
GC /lt
6230 SOUTHCENTER BLVD.
TUKWILA, WASHINGTON 98067
RE: .File #242 -74R
Frank Todd, Mayor
PLANNING DEPARTMENT
•
. 6rutchf i
Planning Techn'&ci n
24 June 1974
Pursuant to King County Coucil Ordinance No. 263, Article 5, Section
15, requests for review by the Examiner must be filed within fourteen (14)
days of the conclusion of the Examiner's hearing.
i•
Pursuant to Article 5, Section 17, as amended, an aggrieved party ..
may submit a notice of appeal to the Council within fourteen (14) days
of the conclusion of the Examiner's hearing, rehearing, or reconsideration,
whichever occurs later. The original and 15 copies of the written appeal.
arguments must be filed within twenty-one (21) days of the latest of the
aforementioned. These shall be filed with:
Clerk of the King County Council
King County Council Offices
Suite 402 King County Courthouse
Seattle, Washington 98104
-NOTE- YOUR ATTENTION IS DIRECTED TO THE LAST PARAGRAPH OF THE
ATTACHED EXAMINER'S DECISION OF RECOMMENDATION where you
will find specific dates for filing a notice of appeal to
the Council of the matter under consideration 'herein.
SUMMARY OF RECOMMENDATIONS:
Land Use Management preliminary: Deny.
Land Use Management final: Deny.
Examiner: Deny.
DIVISION REPORT:
PUBLIC HEARING:
EXHIBIT TWO: Assessor maps marked:
-
April 30, 1974
OFFICE OF THE ZONING AND SUBDIVISION EXAMINER
REPORT AND RECOMMENDATION TO TIE KING COUNTY COUNCIL.
SUBJECT: Land Use Management File No. 213 -74 -P
Proposed Ordinance No. 74 -201
SEA -TAC FOOL) SERVICES, INC.
SR to CG
0.57 acres (24,830 square feet) located between
51st Avenue South and Interstate Highway No. 5
on the north side of South 139th Street, if extended;
two blocks east of the Tukwila City limits.
The Land Use Management preliminary report on
Item 213 -74 -P was received by the Examiner on
April 16, 1974.
After reviewing the Land Use Management report,
examining available information on file with the
application and visiting the property and
surrounding area, the Examiner conducted a public
hearing on the subject as follows:
The hearing on Item 213 -74 -P was opened by the Examiner at 9:31 A.M.,
April 23, 1974.
All parties having indicated that they were familiar with the Division's
preliminary report dated April 23, 1974, said report was entered in the
record by reference.
All correspondence received was summarized in the Division's preliminary
report.
Mr. Mitchell, Land Use Management, entered the following exhibits:
EXHIBIT ONE: Land Use Sheets marked as follows:
Ex. 1-1: Land Use Sheet 324E
Ex. 1 -2: Land Use Sheet 325W
(to be retained in the Division's permanent
working files).
Ex. 2 -1: SE4 of Section 15 -23 -4
Ex. 2 -2: SW4 of Section 14 -23 -4.
Testifying in support was:
FINDINGS:
EXHIBIT THREE:
FLOYD ROMERO, applicant
13829 - 51st Avenue South
Seattle, Washington 98168
1. General Information:
Request:
Existing zone:
STR:
Location:
Acreage:.
Water District:
Sewer District:
School District:
Fire District:
-2-
213 -74 -P Page 2
12 color slides of subject property and surrounding
area, marked 3 -1 through 3 -12.
No one else was present to testify in this matter.
The Examiner directed questions to Mr. Romero and Land Use Management.
Mr. Romero made additional comments.
The Division's final recommendation was to deny the application as
stated in their preliminary report.
The hearing on Item 213 -74 -P was closed by the-Examiner at 10:29 A.M.,
April 23, 1974.
FINDINGS, CONCLUSIONS & RECOMMENJVITION: Having reviewed the record in
this matter, the Examiner now makes and enters the following:
CG (General Commercial)
SR (Suburban Residential)
E 15-23-4
Lying between Primary State Highway 41
(I -5) and 51st Avenue South and 130'
south of South 138th Street.
0.57 acres (24,830 square feet)
35
City of Tukwila
144
18
2. The applicant purchased the property in 1967 and established
a business office in the house on the site. The kitchen in the
house was used to test the cost of preparing various hot meals.
The applicant was advised by a realtor at the time he purchased
the property that there were no zoning restrictions in
unincorporated King County. In November, 1973 the applicant
began using the house on the property for the preparation of
1000 hot meals per day for senior citizens residing in King
and Pierce Counties. The cost of purchasing the hot meals is
subsidized under a federal grant program. Three employees
work at the site at the present time and this number could
increase to five employees in the future. Two panel trucks
deliver the meals to locations in King and Pierce Counties,
each truck makes one trip per day. The trucks travel from the
site by way of 51st and 52nd Avenues South a distance of
approximately four blocks to Interurban Avenue, then north
on Interurban Avenue a distance of three blocks to the
Interurban Avenue interchange on Interstate Highway No. 5,
then onto the freeway for travel to points of destination in
King and Pierce Counties.
When the applicant applied for a Health Department certification
for the kitchen facility at the site this year, he found that
the existing zoning does not permit the present use. Action
by the King County Division of Building on the zoning violation
is being withheld until the .King County Council acts upon this
application for reclassification. The application was submitted
in order to obtain zoning which would permit the present use
to continue. The house on the site has not been used as a
residence since 1967. The Division of Land Use Management
has concluded that the present use would not qualify as a home
occupation under the provisions of the King County Zoning Code.
3. The environmental assessment contained in the Division of Land
Use Management preliminary report is incorporated here by
reference.
4. The Director, Division of Land Use Management, determined
that approval of the subject application would not constitute
a major action significantly affecting the quality of the
environment, and that an environmental impact statement is not
required. His determination was based on responses from
reviewing agencies, site inspection, information submitted by
the applicant, and evaluation of the natural, physical, and
social systems affected, as identified in Section 5, Ordinance
1700.
5. The applicant made the following assertions:
213 -74 -P Page 3
a. The site is exposed to the adverse impact of Interstate
Highway No. 5.
b. Most of the houses within one block of the freeway are
rented to transient tenants.
c. It is not reasonable to retain single family residential
zoning on properties in this neighborhood lying within
one block of the freeway.
d. The multiple family zoning recommended by the City of
Tukwila Planning Commission is not reasonable for those
properties loc within one block of the freeway.
e. The proposed use would not have a detrimental affect on
adjoining properties or the neighborhood.
f. Other property owners in the area want the County to permit
higher intensity uses on land which is impacted by the
freeway.
g. The applicant could purchase property already classified
CG, but the cost of such property would be much greater
than the cost of the existing site. Such increased
cost would have to be reflected as an increase in the
cost of providing hot meals for senior citizens.
-3-
CONCLUSIONS:
27.3 -74 -P Page 4
6. The Highline area zoning was adopted in 1967. The Division
of Land Use Management and the Environmental Development
Commission have not scheduled a review of the area zoning.
The opinion of the Division of Land Use Management is that
a re -study of the area zoning will not be started for at
least two years.
7. The applicant did not own the property at the time the State
of Washington purchased the right -of -way for Interstate
Highway No. 5. He has no knowledge of the damages, if any,
paid to the previous owner by the -State for the adverse
impact of the freeway.
8. The City of Tukwila Planning Commission has requested that this
application be denied. Their letter asserts that revisions
to the City Comprehensive Plan, which are being prepared but
have not been adopted, will propose multiple family
residential use for the area in which the subject property is
located.
1. The freeway does have an adverse impact on the site. However,
houses in the area which have an exposure to the freeway similar
to that of the subject property, are being used as residences.
2. It would be reasonable to increase the intensity of use permitted
in this area if that could be done without 'detriment to the
neighborhood.
3. The application does not conform to the Comprehensive Plan
policies for commercial uses. It does not conform to Policies
B -2, B-- 6,B -10 and H -2 as cited on page 4 of the Division of
Land Use Management preliminary report.
4. The specific use proposed by the applicant would not have
a significant adverse impact on the neighborhood because of
the small scale of the operation. However, other uses permitted
inithe CG classification could be detrimental to affected
properties, even when situated on a small site. If this
application were approved, applications for commercial zoning
on other properties in the neighborhood having locations
similar to the subject site would also have to be approved.
The impact of such classifications would be detrimental to
the neighborhood.
RECOMMENDATION:
Deny the application.
e
Bruce C. Laing
ZONING & SUBDIVISION EXAMINER
TRANSMITTED this 30th day of April, 1974 by cerfified mail to
the parties of record:
Floyd Romero
213 -74 -P Page 5
TRANSMITTED this 30th day of April, 1974 to the following:
Land Use Management Division, King County Department of
Community & Environmental Development
King County Department of Public Works & Transportation
King County Department of Health
• Washington State Highway Commission, District #1
Washington State Highway Commission, District #7
City of Tukwila, Attn: Gary Crutchfield
Pursuant to Ordinance 263, as amended, Article 5, Sections 15 and 17,
request for reconsideration or notice of appeal must be filed in writing
on or. before May 7, 1974. If a notice of appeal is filed on or before.
May 7, 1974, the appellant will have until May 14, 1974 to file written
appeal arguments. The original and 15 copies of said arguments shall
be filed with the Clerk of the Council.
Pursuant to Ordinance 263, Article 5, Section 19. "Action of the Council
Final. The action of the Council approving or rejecting a decision of
the Examiner shall be final and conclusive unless within twenty (20)
days from the date of action an aggrieved party or person obtains a
writ of certiorari from the Superior Court in and for the County of
King, State of Washington, for the purpose of review of the action
taken."
RS -7,200
RS -7,200
200
RM 1OO
140 T1 - LST.
S
RS -7, 200
V' /
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(,.: 213-74-P
APPENDIX B
Applicant: SEA -TAC FOOD SERVICE, INC.
Request: S -R to C -G
STR: 15 -23 -4
Proposed
Reclassification N
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