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Permit 76-13-R - TODD FRANK - REZONE
mf 76-13-r 62nd avenue south todd rezone COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN PLANNING PARKS & RECREATION BUILDING _l 26 October 1976 Mr. Frank Todd 14446 - 59th Avenue South Tukwila, Washington 98168 Dear Mr. Todd: t-T. hope that KS /cw CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT RE: Your R -3 Zone property in the vicinity of 62nd Avenue South. On August 26, 1976, I sent a letter to you stating that without formally subdividing the above referenced R -3 zoned land, you could only place one (1) building on that property, and that building could contain from one (1) to four (4) units within it. This subject was than discussed at a City Council Study Meeting on September 13, 1976, at which time the Council provided some guidance indicating that my interpretation was stricter than they felt the ordinance was intended to actually read. My inference from the City Council action of that night leads me to believe that the proper interpretation of the R -3 zone is to suggest that any lot may develop more than one (1) structure on it as long as proper set backs and adequate parking is provided. Access would than be provided through driveways and parking lots similar to present developments of a similar character in town. Based on the above, I hereby rescind my letter to you dated August 26, 1976, and further state that the land can be developed with four - plexes without formally subdividing the land as I stated in that letter. provides you with the information you need. Kjell Stoknes, Director Office of Community Development r 6230 Sou thcenter Boulevard m Tukwila, Washington 98188 ■ (206) 242 -2177 Sept caber 13, 1976 Page 3 DISCUSSION -- Contd. Air Pollution -- Contd. Preliminary Plat Approval (Sky View Acres) N Kjell Stoknes, Director of Community Development, explained the r quest for plat approval of Sky View Acres, stating the Planning Commission had recommended approval of the preliminary plat subje to conditions they had set forth regarding storm water run -off, undergrounded utilities, sidewalks, accuracy of survey, and desig of roadway section. Steve Hall, Director of Public Works, showed with an overhead projecter the proposed project and area involved Nr.Stoknes said the proposed resolution is requested to be on the agenda :'for the next City Council meeting. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION GRANTING APPROVAL, SUBJECT TO CERTAIN CONDITIONS OF THE PRELIMINARY PLAT OF SKY- VIE ACRES BEING OFFICE OF COMMUNITY DEVELOP` ENT FILE NO. 76 -26 -SUB, BE ON THE AGENDA FOR THE NEXT CITY COUNCIL MEETING TO BE HELD SEPTEMBER 20, 1976. CARRIED. Mr. Stoknes, Director of Community Development, stated Mr. Todd h requested . - an interpretation regarding how many units could place on his property zoned R -3 in the vicinity of 62nd Ave So. and So. 153rd St. He said in looking up the definitions it w his interpretation that the entire parcel of approximately 22 acr is. one lot as presently defined in R -3 zoning which can contain o building or structure which can contain within it from one to fou dwelling units. He added this analysis ip for the property in an unsubdivided condition. Should Mr. Todd choose to subdivide the density would be related to the lot sizes he chose to develop. N Todd said it appeared the City had a double standard with respect businesses or residents. Mr. Stoknes said he agreed that by past actionthe City had taken a double standard. Discussion continued as to the interpretation set forth in the letter. Mr. Stoknes sa the City Council makes the laws of the City, giving Staff the poll to enforce the law; he would welcome suggestions from the City, Council and he would follow them. Mr. Todd said he was not suggE ing the interpretation contained in the letter be changed, but he felt a look should be taken into the law. .Mr. Stoknes said he thought the City should have a new subdivision ordinance, he felt was more than an R -3 zoning problem. Councilman Harris said the City Council could render an interpretation on Section 1$ of the T.M.C., define it to give Mr. Stoknes the direction he has requeE She continued that what would solve this problem is a Planned Unit' Development ordinance. Mr. Stoknes stated Mr. Hard, City Attorney,. had said the City was very vulnerable in the land -use problem. MOVED BY VAN DUSEN, SECONTED BY MS. PESICKA, THAT THIS MATTER BE REFERRED TO THE CITY ATTORNEY FOR HIS RECOMMENDATIONS INSOFAR AS HIS INTERPRETATION OF THE ORDINANCE. ROLL CALL VOTE: 5 VOTING NO: GARDNER, TRAYNOR, HILL, SAUL, HARRIS; 2 VOTING YES: MS. PESICKA AND VAN DUSEN. MOTION FAILED 5 TO 2. V r. to Frank Tod. from Kjell Stoknes, OCD Dir., No. of units \ allowed on property at 62nd Ave. So. & So. 153rd Council President Hill said the City Council wished to direct Mr. Stoknes, Director of Community Development, and Steve Hall, Direc of Public Works, to get a legal opinion from Mr. Hard, City Attorney, about the grandfather clause .andthe M -1 zoning as it wo relate to the new building Seattle Rendering Works wants to build He continued theCity Council would also like a time frame to get an Environmental Impact Statement. He said as soon as this is received the subject would be on the agenda to be discussed. Mr. Stoknes said the information could .be presented to the City Counc: in about two weeks. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE CITY COUNCIL INTERPRI SECTION18.16.0$0 OF THE TUKWILA MUNICIPAL CODE TO MEAN AS FOLLM (1) FOR EACH 6,000 SQUARE FEET A ONE TO TWO FAMILY DWELLING MAY I BUILT; (2) FOR EACH 8,000 SQUARE FEET, A THRE E FAMILY DWELLING, INCLUDING CONVERSIONS, NAY BE BUILT; (3) FOR EACH 9,600 SQUARE PI A FOURFAMILY DWELLING, INCLUDING CONVERSIONS, MAY BE BUILT; PROVIDED THAT EACH BUILDING SHALL PROVIDE ADEQUATE PARKING UITHI1 THE SQUARE FOOTAGE FOR THE OCCUPANTS. • CARRIED. September 7, 1976 Page 7 RESOLUTIONS - Cont. Resolution #554 - Setting an election proposal for issuance of G.O. Bonds — Cont. Proposed Reso- lution - Approving a Joint Comprehensive Solid Waste Management Plan DEPARTMENT REPORTS Mayor's Report Public Works Department Report Attorney's Report Audience Comments EXECUTIVE SESSION - 10:20 P.M. ADJOURNMENT - 10:45 P.M. George Hill, Mayor" Pro Tem C MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION NO. 554 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a Resolution of the City of Tukwila approving a joint comprehensive solid waste management:pl.anv.and authorizing an interlocal agreement with King County. Mayor Pro Tem Hill read a letter from Mayor Bauch announcing the appointment of Mr. John McFarland as Administrative Assistant to the. Mayor. Mr. McFarland will start work September 20, 1976 for $1,150 per month. Steve Hall, Public Works Director, gave a report on the current statu1 of work being completed within the City. Deputy City Attorney Hard gave a, brief report on the current status of the legal problems. He noted,that they have spent a great deal of time working on the agreement With TelePrompTer and hope to com- plete it as soon as the Mayor returns. Mr. Hard noted a complaint lodged against the City by Shirlee Kinney, former City Clerk and suggested an Executive Session so he could give details to the Counci' COUNCIL AGREED TO GO INTO EXECUTIVE SESSION. Mr. Frank Todd, audience, requested time on the Agenda for the Committee of the Whole Meeting of September 13, 1976 to discuss a letter he had received from Kjell Stoknes, Director O.C.D., con- cerning use of land in the R -3 zone. Council agreed to the request. Anna Bernhard, audience, asked if anyone knew whether the Golf Course proposal will be on the machine or by paper ballot? Mayor Pro Tem Hill instructed the Clerk to call the Election Department and see if this information is available. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE COUNCIL GO INTO EXE- CUTIVE SESSION. MOTION CARRIED. Attending the session were: TRAYNOR, HILL SAUL, MS. PESICKA, VAN DUSEN, MS. HARRIS. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT THE EXECUTIVE SESSION CLOSE. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. / J / L"---* ; y „ -- ,• .rum Wine Anderson, City Clerk Pro Tem /June 21, 1976 . 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL Special Award - Gordon Kelly, Water Department Ordinance #978 - Frank Todd Rezone. 62nd Ave. So. - R-3 to R -4 SECOND READING OF ORDINANCES Current Fund Street Fund Arterial Str. Fed. Shrd. Rev. Water Fund Sewer Fund LID 25/C42 -43 -44 LID 27/C8 -9 MINUTES Vouchers No. 8754 - 8906. 8754 - 8848 8849 - 8871 8872 8873 - 8876 8877 - 8893 8894 - 8906 Total $ 32,262.45 19,595.43 17,598.15 13,509.89 2,231.75 1,182.93 $ 86,380.60 2,242.12 2,466.39 TUKWILA CITY COUNCIL / REGULAR MEETING .. Tukwila City Hall Council Chambers Mayor Bauch, presiding, led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. Mayor Edgar Bauch, Public Works Director Steve Hall, Community Development and Planning Director Kjell Stoknes, City Treasurer Mabel Harris, City Clerk Pro Tem Maxine Anderson and Deputy City Attorney Lawrence Hard. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE MINUTES OF THE JUNE 3, 1976 SPECIAL MEETING AND THE JUNE 7, 1976 REGULAR MEETING BE APPROVED AS PUBLISHED. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilman Saul reviewed the billings from the hardware stores and questioned the number of trips made on the same day by different departments. for the purchase of small items. He wondered if there was some way of purchasing without everyone running. Councilman Traynor stated that communication and planning ahead would take care of this problem. Mayor Bauch stated that each time he reviews the vouchers he gets appalled at this same thing but recognizes that we do have a storage and security problem. He noted that they will be working toward a system to better control this type of thing. Councilman Hill questioned the $3.30 for mileage charged by the City Attorney for attending the Council meeting of May 3, 1976. He understood that the retainer covered this. Since the Attorney is not present as yet they will question this later. *MOTION CARRIED. Mayor Bauch introduced Mr. Gordon Kelly of the Water Department and congratulated him on receiving his certificate as a Water Works Specialist III. MOVED BY HILL, SECONDED BY PESICKA, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Mayor Bauch read the proposed ordinance re- classifying certain property generally located on 62nd Avenue South approximately 300 feet North of Southcenter Boulevard from R -3 zoning to R -4 zoning within the City of Tukwila. MOVED BY PESICKA, SECONDED BY VAN DUSEN, THAT ORDINANCE #978 BE ADOPTED AS READ.* MOVED BY TRAYNOR, SECONDED BY SAUL TO AMEND THE ORDINANCE AS FOLLOWS: 1. Section 2. Item d. Planning Commission review and approve of site, 2. Add Item f. There shall be no less than 30% open space on this site. 3. Add Item g. If construction is not started within three (3) years it shall revert back to R -3 zoning. ** Saul questioned how no less than 30% open space affects the number of apartment units. Kjell Stoknes, Director of the Community .buLri l,1I T UUUIVl.1L KtiULHK NLtI11YU one 21. 1976 age 2 • If SECOND READING OF ORDINANCES CONT. Ordinance ,`978 - • Development and Planning Department, stated that it would force Frank Todd Rezone - the owner to put parking under the building to maintain the density Cont. he is after and that he probably could not get 104 units on there. Hill questioned adding another story but this would require a variance. Having the garage under the building could be done so it was not considered a story. Under the R -4 zoning, allowing 104 units, it was estimated there would be 19 or 20% open space. Discussion on density and open space continued. Mr. Todd stated there is 105,000 square feet of property, allowing parking space for 100 apartment units (lzspaces per unit) would require 65,000 square feet, the requirement of 30% open space is 32,000 squat-, feet for a total of 97,000 square feet - where is he going to build the building? Van Dusen stated that adding 'Planning Commission review and approve' is adequate without adding 30% open space. Saul stated he felt now is the time to set some type of restrictions. Discussion followed on whether a written developer agreement was required. MOVED BY HARRIS, SECONDED BY SAUL, TO AMEND THE AMENDMENT BY ADDING: Section 4. A developer agreement between Mr. and Mrs. Frank Todd and the City of Tukwila shall be executed. Section 5. This ordinance shall become effective upon execution of said developer agreement. * ** Hill stated that this amendment is already covered in Section 2 and therefore is unnecessary. Van Dusen voiced his opinion that Sections 4 and 5 are redundant and uncalled for. Mr. Todd stated that he agreed to the conditions requested by the Planning Commission and he will stand by them but asked the Council to consider what the new conditions do to the property. It makes it worse.off than the R -3 zoning, 40 to 50 units are all that could be built under the new restrictions. Hill stated that.if 30% open space is placed in this ordinance it will have to go in every ordinance from now on and wondered if 30% is reasonable or if it should be 20 or 25. Van Dusen asked the City Attorney's opinion if Sections 4 and 5 are needed since Item e. is already included. Attorney Hard stated that the answer is probably no but, speaking as a lawyer, he would like to have one as a signed contractual agreement between the property owner and the City is preferable. ***MOTION TO AMEND THE AMENDMENT, CARRIED, WITH HILL VOTING NO. * *MOTION TO AMEND THE ORDINANCE, CARRIED WITH HILL AND VAN DUSEN VOTING NO. Harris spoke against the rezone because'of the concern for the community. R -4 zoning, even with these conditions, allows greater density than R -3. Consider traffic as well as the open space. The higher density imposes a greater burden upon the surrounding neighborhood. Also, the subject property is only a portion of the existing R -3, is it good planning to change a portion of the existing zoning. This could be precedent setting for the adjacent property. *VOTING ON THE ORIGINAL MOTION AS AMENDED, CARRIED, WITH GARDNER AND HARRIS VOTING NO. FIRST READING OF ORDINANCES Proposed Ord. - MOVED BY HILL, SECONDED BY PESICKA, THAT THE PROPOSED ORDINANCE Amending the Tukwila BE READ. CARRIED. Deputy City Attorney Hard read an ordinance Sign Code amending the Tukwila Sign Code by amending subsections 19.08.090, 19.12.070 (L) and adding a new Chapter 19.22 to title 19 of the Tukwila Municipal Code and amending Ordinance No. 773. Hill directed that a copy of the proposed ordinance be made available to Mr. Doces so he can review it before the next regular meeting. Van Dusen asked if Staff is in the process of reviewing the current sign code. Mr. Stoknes stated that it is not in their three year work program. Van Dusen questioned if this proposed amendment is going to be workable or should the whole sign code be studied again. Junf? 14, 1976 7:30 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL DISCUSSION Purchase of Independent Water Company 4 CITY OF TUKWILA '•iITTEE OF THE WHOLE MEETING MINUTES Tukwila City Hall Council Chambers Council President Hill called the meeting to order at 7:37 P.M. GARDNER, HILL, PESICKA, SAUL, TRAYNOR, VAN DUSEN. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE MINUTES OF THE MAY 24, 1976 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. CARRIED. Public Works Director Steve Hall presented a letter dated June 10, 19: addressed to himself from Mr. Gene Isler, Field Superintendent, to the members of the City Council and to Miss Helen Nelsen, audience and owner of the IWC. The letter noted costs estimated to bring the system to minimum City standards and raised questions regarding the pressure capacity. Steve Hall noted that although the map included in the agenda indicates the new King County Park is included in the IWC service area, the City actually provides utilities to the Park. Councilman Van Dusen stated he felt the City should buy the Company, but he had several unanswered questions including. the actual impact of the Safe Drinking Water Act's provisions which become effective in 1977. Steve Hall stated the City is affected in part through its agreements with King County and City of Seattle. Miss Nelsen stated the system is checked regularly by the Seattle Water Department and has always conformed in quality. Councilwoman Pesicka further questioned the PRV portion of Mr. Isler's letter. Steve Hall explain that if the City purchased the system, the situation would have to be corrected which possibly could result in a fairly major project. Discussion continued. Councilman Traynor asked if the City at this time can legally purchas • the •IWC without further appraisals, etc. Mayor Bauch replied yes. MOVED BY PESICKA, SECONDED BY SAUL, THAT. THE PROPOSED RESOLUTION OF INTENT TO PURCHASE THE INDEPENDENT WATER COMPANY BE PLACED ON THE AGENDA FOR THE NEXT REGULAR CITY COUNCIL MEETING. CARRIED. • Proposed ordinance - Council President Hill stated the City Council earlier this evening Frank Todd rezone had toured several apartment complexes within the City to view open space and density with City staff members. Councilman Traynor stated in reference to Section 2, d., this should include the additional. statement that the Planning Commission review and approve site, elevation, basic floor and landscaping plans prior to development. Mr. Frank Todd, audience, agreed. Kjell Stoknes, Office of Community Development Director, stated if the Council plans to refer this back • to the Planning Commission-that they provide scime guidelines regard- ing density 'and other criteria in order that their decision not be arbitrary. Council President Hill. stated that until such time as the Comprehensive Plan review is complete, the criteria should be accord- ing to the present provisions of R -4 zoning codes. Mr. Frank Todd noted that the Planning Commission reviews and has the authority to approve all plans for the industrial developers and this authority would also extend to his proposal,. Discussion continued. Councilman • Saul stated he assumed this property would remain R -3; the property was zoned for development when it was purchased and he did not feel i' it necessary to rezone to R -4 for best development. He stated he would prefer that R -4 zoning allow only 21 or 22 units per acre rather than the presently allowed 43. Councilwoman.Pesicka asked if the applicant would have any objection to the Council stipulating the percentage of property to be limited to building and blacktop use Mr. Frank Todd stated he would disagree. At this time, he did not know if it will be possible to build three or four stories on the slope. He is in favor of using as little of the land area for. the building units as possible as allowed under the zoning. He stated his other apartments have been generous in landscaping. !Jell Stokne stated he felt apartments were correct on this particular site. R -3 zoning only allows four - plexes; and three or four story building woul make better use of the land. Councilwoman Pesicka agreed. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE, BE PLACED ON THE ACEHDP. FOP. THE NEXT 2ECUL R CITY COUNCIL lit LT INNG. .,rI % I EO. nIWK ; T -(UKWIL!', CITY COUNCIL COMMLT OF THE WHOLE MEETING ` June 14, 1976 r } � Page 2 DISCUSSION - Cont. Proposed resolution - Mayor Bauch briefly explained the background of the proposed resolu- Authorizing Mayor to tion covering increased benefits and costs to the City. Councilman execute amendment Traynor suggested the Mayor send a memo to all City employees stating to group dental the amount the City is paying for the increased benefits under the contract group plan as an aid to benefits negotiations next time around. M0VED BY TRAYNOR, SECONDED BY SAUL, TO PLACE THE PROPOSED RESOLUTION ON THE AGENDA FOR THE NEXT REGULAR CITY COUNCIL MEETING. CARRIED. Proposed ordinance Amendment to animal control ordinance, amending Ordinance 968 /Request for waiver (to Resolution 489 for rezone - Burton Lutes Request for waiver to Resolution 489 for rezone - San Juan So. Apts. 9 Proposed ordinance - Adopting SEPA guidelines Sign Code amendment V recommendation re: Doces e -.,.. Mayor Bauch explained the purpose of the proposed ordinance was to revise the fee schedule to comply with that of King County and also include new provisions for legal procedure. M0VED BY VAN DUSEN, SECONDED BY SAUL, TO PLACE THE PROPOSED RESOLUTION ON THE AGENDA FOR THE NEXT REGULAR CITY COUNCIL MEETING. CARRIED. Kjell Stoknes, OCD Director, briefly explained the request for waiver and stated the request is in line with the proposals considered with the update of the Comprehensive Plan. He stated there is some con- fusion regarding the impression that this property had already been zoned C -2; there may have been an error made in some earlier zoning ordinances or legal descriptions along the way which account for this. MOVED BY PESICKA, SECONDED BY VAN DUSEN, THAT THE CITY COUNCI GRANT THE WAIVER FOR REZONE REQUEST SUBMITTED BY BURTON LUTES.* Mayor Bauch stated staff recommended this not be considered until after the revised Comprehensive Plan is adopted but he disagreed because this delay could be quite lengthy. He recommended the City Council allow normal processing through the Planning Commission, and noted that the City Attorney had advised that motions of this type to initiate these actions are legal during the Committee of the Whole meetings. Kjell Stoknes recommended that the Council consider a combined waiver for the area between the 25 -foot contour elevation line and Interurba Ave. So. in order that a joint rezone could.be accomplished at one time with less expense to the property owners. *SECOND AND MOTION WITHDRAWN. MOVED BY PESICKA, SECONDED BY SAUL, THAT THE REQUEST FOR WAIVER FOR REZONE BE ALLOWED FOR BURTON LUTES AND THE OTHER ADJACENT PROPERTY BETWEEN THE 25 -FOOT CONTOUR ELEVATION LINE & INTERURBAN AVE. SO. CARRIED. Kjell Stoknes explained the proposed apartment site and stated he preferred to have the Planning Commission's process finalized before the item comes before the City Council. Councilman Traynor agreed. MOVED BY SAUL, SECONDED BY PESICKA, TO DENY THE APPLICATION FOR WAIVER TO RESOLUTION 489 FOR REQUEST FOR REZONE SUBMITTED BY THE SAN JUAN SOUTH APARTMENTS (HENRY KETCHAM, JR.) CARRIED. Councilman Van Dusen stated this is a very involved document and most of the Council Members have not yet reviewed it thoroughly. He suggested a special meeting to discuss the item. Council President Hill scheduled June 23, 1976 at 7:30 P.M. in the Council Chambers as a special meeting for the purpose of discussing State Environmenta Police Act guidelines. Kjell Stoknes, OCD Director, stated the amendment as submitted by Mr. Gust Doces was consistent with the Planning Commission's recom- mendations with the exception of Section 19.08.090, which sets up opportunity for conflict between the Board of Adjustment and the Planning Commission. He stated he felt the Board of Adjustment is the proper forum for these decisions. Discussion continued. Kjell Stoknes stated that these revisions to the Sign Code still do not resolve the problem of the existing entrance signs to Doces. He further explained the background of the action taken by the Board of Adjustment which led to the review by the Planning Commission. Dis- cussion continued regarding the unique circumstances beyond the variance circumstances for appeal as allowed in other sections of th Municipal Code. Mr. Gust Doces stated the Sign Code is written in such a way that it is arbitrary and capricious, or, in other words, it is unfair. .uKWILA CITY COUNCIL REC IP MEETING June 7, 1976 Page 2 NEW BUSINESS - Contd. City Hall site se iect ion - Contd. Frank Todd Rezone Request - 62nd Ave. South SECOND READING Ord. //975 - Es•tab. Consolidated LID No. 21- 22 -24, Sale of Bonds RECESS 7:50 P.M. - 8:00 P.M. OF ORDINANCES FIRST READING OF ORDINANCES Ord. //976 - Connection fee for residential water meter installation Ord. 1/977 Criminal Trespass MOVED BY HILL, SECONDED BY VAN DUSEN THAT MAYOR BAUCH CONTACT MR. DESIMONE AND SET A TIME WITH HIM FOR AN EXECUTIVE SESSION TO DISCUSS THE PURCHASE OF HIS PROPERTY. CARRIED.. Kjell Stoknes, Planning Director, reviewed the Staff Report on a requested change of zoning from R -3 to R -4 for property on 62nd Ave. South. The Planning Commission recommends the City Council grant the rezone provided the applicant enter into an agreement to include five stipulations, one of them being a limitation of density to 104 units. The report states that Staff' feels 40 units per acre is quite high and few site amenities can be retained at that density. Mr. Stoknes requested the Council allow the staff to take them on a tour of certain apartment complexes. Staff feels this tour will help the Council decide what density they want to use in future apartment development. Mr. Stoknes stated that at 25 units per acre you can still maintain some the site amenities. The Citizen Residence Committee suggested the apartment development for high density be similar with what is established in the City today, somewhere in the average of 22 to 25 units per acre. Discussion continued. Mr. Todd stated that up until this time density had not been considered. He feels he is being penalized once again. Councilman Van Dusen introduced a rezone ordinance,suggested it be placed on its first reading and then follow Staff advice and take a look at the situation. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE PLACED ON ITS FIRST READING. CARRIED, WITH SAUL VOTING NO. City Attorney Fleming read the proposed ordinance re- classifying certain property generally located on 62nd Avenue South approximately 300 feet North of Southcenter Boulevard from R -3 zoning to R-4 zoning within the City of Tukwila. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE COMMITTEE OF THE WHOLE MEETING COMMENCE AT 6:30 P.M. INSTEAD OF 7:30 P.M. FOR THE PURPOSE OF TOURING THE APARTMENT COMPLEXES OF THE CITY. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. City Attorney Fleming read the proposed ordinance establishing Consolidated Local Improvement District No. 21 -22 -24 and "Consolidated Local Improvement Fund, District No. 21- 22 -24 "; and fixing the amount, form, date, interest rate, maturity and denominations of the Consolidated Local Im- provement District No. 21 -22 -24 Bonds and directing the issuance and sale thereof to Foster & Marshall Inc. of Seattle, Washington. MOVED BY TRAYNOR, SECOND BY HILL, THAT ORDINANCE # #975 BE ADOPTED AS READ. CARRIED. MOVED BY SAUL, SECONDED BY PESICKA, THAT THE COUNCIL RECESS FOR 10 MINUTES. CARRIED. Mayor Bauch called the meeting back to order with Councilmembers present as previously noted. MOVED BY HILL, SECONDED BY PESICKA, THAT THE PROPOSED ORDINANCE BE READ. CARRIED. City Attorney Fleming read the proposed ordinance amending the connection fee for residential 3/4" water meter, and amending Ordinance 325, Section 7 of Ordinance 264, and T.M.C. Chapter 14.04.070. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE RULES BE SUSPENDED FOR SECOND READING AND ORDINANCE 1976 BE ADOPTED AS READ. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE • READ. CARRIED. City Attorney Fleming read the proposed ordinance of the city of Tukwila relating to the peace, safety and welfare of the people of the City of Tukwila. MOVED BY TRAYNOR, SECONDED. BY HILL, THAT THE RULES BE SUSPENDED FOR A SECOND READING AND ORDINANCE 077 BE ADOPTED AS READ.* Attorney Fleming explained June 7, 1976 7:00 P.M. FLAG SALUTE AND ?.ALL `f0 — ORDE t ROLL CALL O COUNCIL OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL APPOINTMENTS Appt. of Director of Community Development and Planning Dept. NEW BUSINESS Approval of Licenses- - Massage Operators City Hall site selection Current Fund Street Fund Water Fund Sewer Fund W/S Constr. TUKWILA CITY COUNCIL REGULAR MEETING Vouchers No. 8613 - 8753 8613 - 8721 8722 - 8732 8733 - 8741 8742 - 8752 8753 Tukwila City Hall MINUTES Council Chambers Mayor Bauch, presiding, led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. Mayor Edgar Bauch, Public Work Director Steve Hall, Planning Director Kjell Stoknes, Fire Chief Hubert Crawley, City Treasurer Mabel Harris, City Clerk Pro Tem Maxine Anderson and City Attorney Donald Fleming. MOVED BY HILL, SECONDED BY SAUL, THAT THE MINUTES OF THE MAY 17, 1976 REGULAR MEETING BE APPROVED AS PUBLISHED. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED. $38,577.54 6,216.85 14,731.24 21,330.33 8.25 $ 80,864.21 MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE CITY COUNCIL CONCUR WITH THE MAYOR'S APPOINTMENT OF MR. KJELL STOKNES AS DIRECTOR OF THE COMMUNITY DEVELOPMENT AND PLANNING DEPARTMENT. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR,THAT THE LICENSES AND THE RENEWAL FOR THE MASSAGE OPERATORS BE APPROVED.* Councilman Saul questioned if they had Police Department approval and was assured they had been investigated and received approval. *CARRIED. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE COUNCIL ACCEPT THE RECOMMENDATION OF MITHERN ASSOCIATES AND NAME SITE 6 AS THE SITE FOR THE NEW CITY HALL.* Many opinions were expressed comparing the two sites. Ms. Pesicka stated that according to future plan- ning the Desimone property could go for apartments and she would hate to see apartments that close to the grade school, if we can get a park like setting for city hall it would make a buffer against apartments creeping up the hill. Van Dusen stated the architect had a lot of good points but his idea has always been campus style buildingsin a wooded area. Saul stated he likes the way Site 6 separates the City itself from Southcenter and the business district;t can be seen from I -5, 405 and the Valley.The city hall on the Desimone site will encourage requests for rezones for businesses along•65th Ave. South. Ms. Harris stated that they should consider the practical matter of money, compare the cost of building 2 or 3 smaller buildings to one larger, the cost of site preparation and future maintenance and upkeep costs. We are responsible to our electorate and it's wise for us to keep the finances upper most in our minds. Discussion continued from both Council and audience with Mrs. Anna Bernhard stating she wanted to go on re- cord that she thinks the Desimone property would be just beauti- ful for a campus type setting. *ROLL CALL VOTE: 4 NOS - HILL, PESICKA, TRAYNOR, VAN DUSEN; 3 AYES - GARDNER, HARRIS, SAUL. MOTION FAILED. MOVED BY HILL, SECONDED BY TRAYNOR THE CITY HALL SITE BE DESIGNATED AS THE DESIMONE PROPERTY. CARRIED, WITH MS. HARRIS VOTING NO. AT THIS POINT MRS. HARRIS ASKED TO BE EXCUSED. / April 19, 1976 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL Notice of Claim, Mikami PUBLIC HEARINGS AND PRESENTATIONS Presentation - Mr. • William Glover: Plan- ning and Development of a Law Enforcement Facility BICENTENNIAL HAPPENING Paul Revere's Ride Recess 8:15 P.M. - 8:23 P.M. PETITIONS, COMMUNICATIONS Request for Waiver to Resolution 489 for Rezone, Todd TUKWILA C I I Y UUUNCIL REGULAR MEETING Tukwila City Hall Council Chambers MINUTES Mayor Bauch, presiding, led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. Mayor Edgar Bauch, City Clerk Shirlee Kinney, Director of Public Works Steve Hall, Planning Director Kjell Stoknes, Deputy City Attorney Larry Hard, City Treasurer Mae Harris, Police Chief John Sheets and Fire Chief Hubert Crawley. MOVED BY HILL, SECONDED BY PESICKA, THAT THE MINUTES OF THE APRIL 5, 1976 REGULAR MEETING BE APPROVED AS PUBLISHED. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRENTS BE DRAWN IN THEIR RESPECTIVE AMOUNT. CARRIED. Current Fund Street Fund Fed. Rev. Shg Water Fund Sewer Fund Firemen Pen. Vouchers No. 8236 - -8393 8236 -8344 Exc. 8290 8345 -8362 8363 -8366 and 8290 8367 -8381 8382 -8392 8393 PETITIONS, COMMUNCIATIONS, APPEALS AND SIMILAR MATTERS A Notice of Claim from Kiyoto and Nancy Mikami relating to flooding arising from improper drainage, being filed with the City Clerk on the date of April 14, 1976 was considered by the City Council. MOVED BY TRAYNOR, SECONDED BY SAUL THAT THIS NOTICE OF CLAIM BE REFERRED TO THE CITY ATTORNEY. CARRIED. Mr. William A. Glover, Law Enforcement Project Administrator of the National Clearinghouse for Criminal. Justice Planning and Architecture gave a slide presentation of various types of Police Facilities found across the United States. He informed the Council that the services their organization provides are free and includes such•items as pre - planning, actual planning, program translation, Architect and Police Department coordination of efforts and facility evaluation of a new or renovated law enforcement facility. In celebration of the United States Bicentennial, Mayor Bauch accepted a proclamation from Paul Revere (Roy Potter) bearing the signatures of students of Southgate School. TOTAL $38,434.92 3,319.81 1,344.15 3,198,30 9,753.40 890.28 $56,940.86 MOVED BY HILL, SECONDED BY PESICKA, TO RECESS. FOR 5 MINUTES.. CARRIED. Mayor Bauch called the meeting back to order with all Council - members present as previously listed. , APPEALS AND SIMILAR MATTERS City Clerk Shirlee Kinney read staff report dated April 19, 1976 requesting a waiver to Resolution 489 for a rezone by Petitioner Frank Todd for the property located west of and adjacent to 62nd Ave. South approximately 300 feet north of Southcenter Boulevard. This request would allow him to apply for a rezone on the referenced property from R -3 to R -4. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THIS REQUEST BE ALLOWED, *further noting that this must be processed back through the Planning Commission and through its normal procedure for rezone. *CARRIED. ROLL CALL VOTE: 4 AYES - HILL, PESICKA, SAUL, VAN DUSEN; 3 NOS - GARDNER, HARRIS, TRAYNOR. ORDINANCE NO. q / - 5, 1 1 . 976 CiTY OF WHINGTON ORDINANCE RE- CLASSIFYING CERTAIN PROPERTY GENERALLY LOCATED ON 62ND AVENUE SOUTH APPROXIMATELY 300 FEET NORTH OF SOUTHCENTER BOULEVARD FROM R -3 ZONING TO R -4 ZONING WITHIN THE CITY OF TUKWILA. WHEREAS, Frank Todd, the owner of the following described property having petitioned the Planning Commission, requesting re- classification of said property from R -3 zoning to R -4 zoning in conformity with the Comprehen- sive Plan, all contained in Planning Department file No. MF 76 -13 -R, and; WHEREAS, on May 13, 1976, a public hearing on said petition was held before the Planning Commission of the City of Tukwila and the City Council having received a favorable recommendation from the Planning Commission, subject to certain conditions, with respect to the aforementioned petition, and; WHEREAS, the City Council finds the requested classification to be in the best interests and general welfare of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the real property located adjacent to and on the west side of 62nd Avenue South near South 153rd Street as described herein is hereby classified to R -4 in accordance with Ordinance No. 251 of the City of Tukwila, as amended, and the City Council hereby adopts the map attached hereto as Exhibit "A" as illustrative of the property described herein as follows: That portion of Tract 11, Interurban Addition to Seattle, according to plat recorded in Vol. 10 of Plats, p. 55, in King County, Washington, described as follows: Beginning at a point on the East line of said tract 11, which is 162.79 feet North of the SE corner thereof; thence continuing North 0 °8'W. 359.88 feet to the Northeast corner of said Tract 11; thence S. 89 °52' W. along the northerly line thereof 300.86 feet; thence South 0 °8' E. 398.14 feet; thence North 89 E. 141.65 feet; thence North 0 ° 8' W. 38.26 feet; thence North 89 ° 52' E. 159.21 feet to point of beginning. k4,7,7,', Approved as to Form: Published: City Attorney Attest: Section 2. Rezoning to R -4 is subject to the following conditions: a. Dedication of an equitable portion of land necessary to make 62nd Avenue a fifty -foot right -of -way. b. Participation in development of utilities to include storm drainage. c. Limitation of density to 104 units. d. Planning Commission review and approve of site, elevation, basic floor and landscaping plans prior to development. e. The agreement be binding on all heirs, successors and assigns. f. There shall be no less than 30% open space on this site. g. If construction is not started within three (3) years it shall revert back to R -3 zoning. Section 3. The City Clerk is directed to record a copy of this ordinance and map with the County Recorder. Section 4. A developer agreement between Mr. and Mrs. Frnak Todd and the City of Tukwila shall be executed. Section 5. This ordinance shall become effective upon execution of said developer agreement. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,' at a regular meeting thereof this June , 1976. ORDINANCE VETOED BY MAYOR - Letter enclosed Mayor City Clerk 21st day of C ^_dgar D. Bauch, Mayor CITY or TUKWILA 14475 - 59TH AVENUE SOUTH TU KW I LA, WASHINGTON 98067 Tukwila City Council 14475 - 59th Ave. South Tukwila, Washington 98067 Ladies and Gentlemen: June 29, 1976 Pursuant to the authority of R.C.W. 35.24.210, I hereby veto Ordinance 978 passed by you on June 21, 1976, for the following reasons: 1. Density Section 2 c limits the density to 104 units; however this density of 40 units per acre is excessive and exceeds all other apartment developments in the city but one regardless of the zoning. 2. Open Space Section 2 f provides for 30 percent open space in the development; however, it did not define "open space ". Does "open space" include: Parking lots? Sidewalks? Driveways? Swimming pools and filter buildings? Retaining structures such as a rockery? Although the ordinance provided for approval of the site, elevation, basic floor and landscaping plans prior to development, no guidelines were given for this new concept of open space. 3. Height Restrictions The definition of first level parking spaces or basement spaces, as it applies to the total story limitation of R -4 zoning, as well as where height is measured from on the ground, is undefined in the building codes and could cause confusion when applied to this rezone. Tukwila City Council June 29, 1976 Page 2 EDB /mb 4. Adjacent Zoning The rezone is incompatable with adjacent zoning and will have an impact on future composition of the surrounding area. In view of the above reasons, I am returning Ordinance 978 for reconsideration. I feel that any future development that has more than 28 units per acre is not in the best interest of the city and its citizens. I also feel that this density must be defined in a manner that is clear and unambiguous. Sincerely yours, Edg rite . Bauch Mayor 4.1 NOTICE REGULAR CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 14, 1976 TIME 6:30 - 7:30 P.M. PURPOSE: TO TRAVEL WITHIN THE CITY AS A GROUP TO VIEW SEVERAL APARTMENT COMPLEXES TO DETERMINE THE CHARACTERISTICS OF THE CITY'S APARTMENT COMPLEXES. OUTCOME MAY AFFECT COUNCILPERSONS' ATTITUDES REGARDING DESIREABLE DENSI- TIES FOR APARTMENTS IN THE CITY. ITINERARY 6:30 6:45 P.M. — Village Green Apartments 6:45 -'7:00 P.M. — Canyon Estates 7:00 - 7:15 P.M. — New Apartments on 152nd Street and 57th Avenue South. 7:15 - 7:30 P.M. — .Stardust Apartments ., u�. Average percent slope: . 1. Land over 20% slope: Number 'of..Apartment Units: 88 VILLAGE GREEN Number of Apartment Buildings: 10 1. Number of stories in buildings: Tukwila_. Planning Department May 13 \ 976 Year Built: 1967 Zoning: M -1 Acres: 3.58 Allowed Density in Zone: 1. R- 4 units per acre 2. Total units allowed: 156 Actual Density Developed: (3.58 acres - 24.6 units /acre) 88 Parking: 1. Parking Stalls provided: •;134 2. Parking Stalls required by Code: -132 . 3. Difference between actual and Code: + 2 (Approximately) • Land Area Analysis: 1. Total land area: 156,000 approximately 2. Land covered by apartments: 35,800 (23 %) 3.. Land covered by parking and driveways . 72,000 ( ±46%.x: 4. ':Land; :in open space, swmg;'pools, rec. , yards: 48,200 (31 %f 5. Total .land in impervious surfaces: 107,800 (69 %) 1. 2 bdrm units - 0 2. 1 bdrm units 88 (average size = 660 sq. ft.) 3. Bachelor 0 . • CANYON ESTATES APARTHEi1TS • • Year Built: 1967 - 1968 Acres: 7.4' Zoning:• RMH - 163,200 sq. ft. (3.8 acres) R -4'- 157,100 sq. ft. (3.6 acres) Allowed'Density in Zone: 1.. RMH allows 87 units per acre (45 %.2 bdrm & 55% 1 bdrm) 2. R -4 allows 43 units per acre .TOTAL UNITS ALLOWED Actual Density Developed: (25 units per acre) 1. Net units per acre not including land on slopes over 20 %. (29 units per acre) Parking: . 1. Parking stalls provided: 2. Parking stalls required by Code: 3. Difference between actual-and Code: Land Area Analysis:. 1. Total land area: • 2. Land covered by apartments: 3. Land covered by parking and driveways:, 4. Land in open space, recreation, yards: 5. Total land in impervious surfaces: 6. Land over,20% slope: Number of Apartment Units: 186 1. 2 bdrm units -. 84 (average size = 946 2.• ' 1 bdrm units - 102 (average size = 698 3. Bachelor - NONE • Number, of Apartment Buildings: 10 1. Number of stories in apartment buildings: Tukwila Planning Department • May 11, 1976 320,300 sq. 54,352 sq. 70,694 sq. 195,254 sq. 125,046 sq. 43,600 sq. sq.. ft.-) sq. ft.) . 326 units 157 units 483 units 186 units 3 and 4 stories ft. (7.4 acres ft. (17 %) ft.' (22%) ft. (61 %) ft. (39 %) ft. (14%) A - 2 :■• zi • LI • \ I 9 , \ .• -- r ' ; FT_ • •.•••• ••• i 1,1 . • • I IS I i;g SI 90// r .„1 1 ry N _7 P : / / Land Area Analysis: 1.' 2 bdrm units - 2. T bdrm units - 3. Bachelor STARDUST APARTMENTS Year Built: 1971 Zoning: RMH Acres: 1.5 acres Allowed Density in Zone: 1.•RMH allows 87 units per acre . (assumes 50% 1 bedroom and 50% 2 bedroom) 2. Total units allowed: Actual Density Developed (41 units per acre) Parking: 1. Parking stalls provided 2. Parking stalls required by code: 3. Difference between actual and code: (NOTE:: Code requires 1.5 parking stalls per apartment unit. 1.46 per unit was developed) /, 131 units. 62 units 95 93' +2 1: Total= hand area 2: Land covered by apartments: 3. Land covered by parking and driveways: 4. Land in open space, recreation, yards: - 5.. Total land in empervious surfaces: Average percent slope: 10%' 1. Land over 20 %•slope: Number of Apartment Units: . 62 (average size 720 sq. 65,844 'sq. 22,320 sq. 32',264 sq. 11,260 sq. 55,704 sq. (NONE) ft.) ••32 (estimate) average size = 800 sq. 30 (estirna'te) average size = 640 sq. NONE (estimate). Number of Apartment Buildings: .2 ' 1. Number of stories in apartment buildings: 2 stories Tukwila Planning Department = ,lay 11, 1976 . ft. (1.5 acres) ft. (34 %) 'ft. (49%) ft. '(17 %) ft. (85 %) :,' ft.. ft. • LA VISTA Year Built: 1969 Zoning:. RMH Acres: 3.2 Allowed Density in Zone: 1. RMH allows 73 units per acre (60% 2 bdrm units. and 40% 1 bdrm units.) 2. Total units allowed Actual Density Developed (3.16 acres) 36 units per acre Parking: 1. .Parking stalls. provided: 2. Parking stalls required by Code: 3. Difference between actual and Code: Land Area Analysis: 1. Total land area: 2. Land covered by apartments: 3. Land covered by parking & driveways 4: Lancl in open space, recreation,' yards: 5.. Total land in impervious surfaces: Average percent slope: 1. Land:over 20% slope: Number of Apartment Units: 114 �r Tukwila Planning Department �1ay 11, 1976 258 114 units 186 • 171•. +15 1. 2 bdrm units - 69 (average size = 950 sq. ft.) 2. 1 bdrm units - . 45 (average size = 665 sq. ft.) 3. Bachelor 0 Number of Apartment Buildings: 3 1. Number of stories in apartment buildings:. 3 stories 137,900 sq. ft. 46,950 sq. ft. (34 %) 62,525 sq. ft. (45 %), 28,425 sq. ft. (21 %) 109,475 sq. ft.. (79 %) f. GRAYDON SMITH APARTMENT ANALYSIS . (SOUTHWEST QUARTER OF PROPERTY) Year Quilt: 1976 Zoning: . RP'1H Acres: 2.88 Allowed Density in Zone: 1. •RMH - 73 units per acre (two bdrm) Actual Density Developed: (23 units per acre) Parking: 1. Parking stalls provided: 2. Parking stalls required by code: 3. Difference between actual and code:. (NOTE: Code requires 1.5 parking stalls per unit; development provides 2:1 per unit.) • Land Area Analysis: 1. Total land area: 2. Land covered by apartments: 3. Land covered by driveways and parking: 4. Land in open space, recreation, 'yards: 5. Total land in impervious surfaces: Tukwila Planning Department ;f - ,lay 7, 1976 125,580 26,700 52,480 46,400 79;180 210 units 67 units 138' • 101 . +37 sq. sq. sq. sq. sq. Average percent of'slope: Generally rolling andiess than 10 %, none over 20% slope. Number of Apartment units: 67. (average size 940 sq. ft.) . 1. 2 bdrm units - 48 (average size 1068 sq ft.) 2. 1 bdrm units - 10 (average size 678 sq. ft.) 3. bachelor 9 (average size 550 sq. ft.) Number of Apartment Buildings this Portion: 6 1. Number of stories in apartment building :. 2 and 3 stories ft. (2.88 acres) ft. (21%) ft. (52 %) 1` ft. (37 %) ft. (63 %) APARTMENT COMPLEX FACTOR or RATIO VILLAGE GREEN CANYON ESTATES GRAYDON SMITH STARDUST LA VISTA Number of Units Allowed .. . 156 483 210 131 258 Number of Units Built - 88 186 67 62 114 Number of Units per Acre Built 24.6 29 (4) 23 41 36 Number of Parking Spaces per Unit 1.5 1.06 .2.1 1.53 1.63 Square Feet of Open Space per Unit 547 815 (4) 692 181 249 Land Area Covered by Apartments 23% 19% (4) 21% 34% • 34 % Land Area Covered by Parking & Driveways 46% • 26% (4) 42% 49% 45% % Total Impervious Surface Area 69% � 45% � (4 (4) 63% 83% 79% Land Area in Open Space and Recreation .• 31% 55% (4) 37% 17% 21% Ratio of OFS /SA (1) • 1 : 2.6 . 1 : 1.9 1 : 2 1 : 1.4. 1 : 1.4 Ratio of OFS /R &OS (2) .: 1 : 0.83 1 : 1.03 1 : 0.73 1.: 0.25 1 : 0.29 Ratio of OFS /P &CS (3) ' 1.: 1.24 1 : 0.48 1 : 0.83. • 1 : 0.72 1 : 0.65 SUMMARY APARTMENT DENSITY COMPARISON (1) Represents the ratio of square feet of occupied floor.space (OFS) to square feet of site area (SA).. (2) Represents the ratio of square feet of occupied floor space (OFS) to square feet of recreation & Open Space (R &OS). (3) Represents the ratio' of square feet of occupied floor space (OFS) to square feet of parking & circulation Space (P &CS)y (4) .cl udes 43,600 square feet of property with'slopr excess of 20% (non - buildable). �„� j APARTMENT COM2LEX_ FACTOR or RATIO VILLAGE GREEN CANYON ESTATES GRAYDON SMITH STARDUST LA VISTA Number of Units Allowed 156 483 210 131 258 Number of Units Built • 88 186 67 62 114 Number of Units per Acre Built (.._19._C r 23i ( _ __41 , �_ 36 - 24.6 Number of Parking Spaces per Unit 1.5 1.06 .2.1 1.53 1.63 Square Feet of Open Space per Unit 547 815 (4) 692 181 249 Land Area Covered by Apartments 23% 19% (4) 21% 34% .:,,,,/ Land Area Covered by Parking & Driveways 46% 26% (4) 42% 49% 45% % Total Impervious Surface Area • 69% 45% (4) 63% 83% 79% Land Area in Open Space and Recreation 31% 55% ( ) 37% "� C Ratio of OFS /SA (1) • .1 : 2.6 1 : 1.9 1 : 2 1 : 1.4 1 : 1.4' Ratio of OFS /R &OS (2) . - 1 : 0.83 1 : 1.03 1 : 0.73 1 : 0.25 1 : 0.29 Ratio of OFS /P &CS (3) • 1:`: 1.24 1 : 0.48 1 : 0.83. 1 : 0.72 1 : 0.65 • I 1 m` 3Z Iz S , 000 Ol . / Oar T.� /38 r o n �r 4 1k (1) R resents the ratio of square feet of occupied floor space (OFS) to square feet of site area (SA). (2) Represents the ratio of square feet of occupied floor space (OFS) to square feet of recreation & Open Space (R &OS) • (3) Represents the ratio of square feet of occupied floor space (OFS) to square feet of parking & circulation Space (P &CS) (4) .eludes 43,600 square feet of property with slopr n excess of 20% (non - buildable). Q �i•-P Q APARTMENT DENSITY COMPARISON 0 er, �J✓ REGULAR CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 14, 1976 TIME 6:30 - 7:30 P.M. NOTICE PURPOSE: TO TRAVEL WITHIN THE CITY AS A GROUP TO VIEW SEVERAL APARTMENT COMPLEXES TO DETERMINE THE CHARACTERISTICS OF THE CITY'S APARTMENT COMPLEXES. OUTCOME MAY AFFECT COUNCILPERSONS' ATTITUDES REGARDING DESIREABLE DENSI- TIES FOR APARTMENTS IN THE CITY. ITINERARY 6:30 - 6:45 P.M. — Village Green Apartments 6:45 - 7:00 P.M. — Canyon Estates 7:00 - 7:15 P.M. — New Apartments on 152nd Street and 57th Avenue South. 7:15 - 7:30 P.M. — Stardust Apartments c MEMORANDUM CITY of TUKW LA PLANNING DEPARTMENT TO: CITY COUNCIL FROM: Planning Department %' SUBJECT: Todd Rezone Application DATE: 19 May 1976 The Planning Commission at a special published meeting of May 13, 1976, recommended approval of the above rezone as follows: That in recognition of the minimal environmental impact of the action and the proximity of similarly zoned property, the Commission recommends the City Council grant the rezone, from R -3 to R -4, provided the applicant enter into a property use and development agreement to include the following stipulations: 1. Dedication of an equitable portion of land necessary to make 62nd Avenue a fifty -foot right -of -way. 2. Participation in development of, utilities to include storm drainage. 3. Limitation of density to 104 units. 4. Planning Commission review of site, elevation, basic floor and land - scaping plans prior to development. 5. The agreement be binding on all heirs, successors and assings. No findings or conclusions were specifically adopted to support the recommendation. The City Council should adopt appropriate findings and conclusions to support their final decision to protect the integrity of that decision. Attached is the information used by the Planning Commission.in making their decision, including a one hour tour packet of certain apartment complexes. Staff would request they be allowed to take the City Council on the same tour prior to reaching a decision on this matter. Staff feels this tour will help the Council in deciding what density they want in future apartment development. The implication of the Planning Commission is that 40 units per acre is appropriate in this area. In relation to density, this compares to the Stardust Apartments at 41 units /acre. Staff feels that 40 units per acre is quite high and that very few site amenities can be retained on any site at this density. The basic guidance provided for high density by the Residence Committee on the Comprehensive Plan was from 17 to 43 units per acre. See the Environmental Assessment. KS /cw Attachments: 1. Planning Commission Staff Report 2. P/C Minutes of 5/13/76 3. Apartment Analysis 4. Environmental Assessment o D. Bauch, Mayor CITY OF TUKWIL 14475 - 59TH AVENUE SOUTH TU KW' LA, WASHINGTON 98067 Minutes of the Special Meeting, 13 May 1976. Mr. Kirsop arrived at 8:18 P.M. PLANNING COMMISSION Chairman Mettler called to order the Special Meeting at 8:10 P.M. with Mr. West, Mr. Bohrer, Mr. Link, Mr. Bowen and Mr. Richards present. Chairman Mettler noted this Special Meeting had been called to consider a rezone request by Mr. Frank Todd. Kjell Stoknes, Fred Satterstrom and Gary Crutch- field represented the Planning Department. Chairman Mettler opened the Public Hearing at 8:12 P.M. Gary Crutchfield read the Staff Report in its entirety and Kjell Stoknes emphasized the density . analysis contained in the Environmental Assessment. Chairman Mettler called for comments from proponents. Mr. Frank Todd, 14446 - 59th Avenue South, stated his objection to the Staff recommendation of granting of a ten foot utility easement since a 50 foot right - of -way is adequate to provide a roadway and utilities. Objected to the suggested limiting of density beyond the density restrictions contained in the R -4 zone restrictions and stated his need, for R -4 zoning to allow the concentration of units in fewer, larger buildings to provide more green space and'parking. Referred to previous apartment developments and their densities. Mr. Kirsop asked why Mr. Todd was requesting R -4 rather then RMH. Mr. Todd explained there had been too much opposition on the previous application. There being no further audience comments, Chairman Mettler closed the Public Hearing at 8:28 P.M. Mr. Bohrer asked what type of construction was anticipated if rezoned to R -4. Mr. Todd explained he anticipated three, 3 story buildings with a total of 104 units with parking at ground floor level. Mr. Bohrer'questioned the anticipated ratio of open space to impervious surface. Mr. Todd explained he could not answer that but noted he has traditionally done extensive landscaping. Planning Commission Minutes of the Special Meeting Page 2 13 May 1976 Mr. Link asked what height was anticipated for the buildings. Mr. Todd stated a maximum of thirty -five feet. Kjell Stoknes noted the anticipated construction would be equivalent to about 40 units per acre. Mr. Bohrer, referring to the field trip experienced earlier by the Commission, noted that he experienced more of an "open feeling" at the Village Green than at the Graydon Smith complex yet the density per acre was comparatively the same. Asked Mr. Todd for building dimensions. . Mr. Todd stated the buildings .: would be approximately 175 feet by 32 feet. Mr. Rohrer noted that would approx- imate 15% of the site area covered by buildings. Mr. Bowen asked if the City or Commission has the right to regulate density. Mr. Todd stated that too much density hurts both the developer and the City but that R -4 is an appropriate density on his property and cited a need for more apartments in Tukwila. Kjell Stoknes noted that the current density allowed by R -4 is not and has not been used and, secondly, the Residence Committee has recommended that "high den- sity" should generally be typical of existing apartment developments in Tukwila. Suggested that both factors be part of the Commission's consideration. Commission briefly reviewed the density analysis provided the Commission during the earlier field trip. Mr. Todd stated he felt that limiting the density to less than that set forth in the R -4 zone would be illegal. Stated he would agree to limit of 104 units but no less. Kjell Stoknes stated the Commission can recommend to the City Council the granting of the rezone to R -4 with a limitation of density and the City Council would have the City Attorney determine the legality. Noted the density decision is a tough one to make but certainly . needs to be addressed. Mr. Todd stated limiting of densities creates a waste of property and economic hardships. Mr. Stoknes noted the primary concern of the Commission should be to plan the character'of development within the City — not economics. Mr. George Hill, 5618 South 147th, asked if the City can "down zone" property. Mr. Stoknes explained the City maintains that right so long as it is not done in an arbitrary or capricious manner and is based on a sound planning principle. Mr. Hill asked if the R -4 density could be changed in conjunction with this rezone action. Chairman Mettler noted the change of R -4 density restrictions must be done separately at an advertised hearing for that particular purpose. Commission discussed the concept of establishing policy prior to the adoption of the Comprehensive Plan Update. Mr. Richards noted the proposed density on this property is equivalent to that of the Stardust Apartments, or nearly 41 units per acre. .Planning Commission Minutes of the Special Meeting Gary Crutchfield Assistant Planner C Minutes prepared by: Commission generally discussed densities and amenities desireable in multiple - family developments. Motion by Mr. Kirsop and seconded by Mr. Link that in recognition of the mini- mal environmental impact of the action and the proximity of similarly zoned property, the Commission recommend the City Council grant the rezone, from R -3 to R -4, provided the applicant enter into a Property Use and Development Agree- ment to include the following stipulations: 1. Dedication of an equitable portion of land necessary to make 62nd Avenue a fifty -foot right -of -way. 2. Participation in development of utilities to include storm drainage. 3. Limitation of density to 104 units. 4. Planning Commission review of site, elevation, basic floor and land- scaping plans prior to development. 5. The agreement be binding on all heirs, successors and assigns. Considerable discussion ensued regarding the contents of the motion. Motion . was read back to Commission and a vote called for. AYES: 4 ABSTAIN: 2 Motion CARRIED. Motion by Mr. Bowen, seconded by Mr. Link and carried to adjourn the Special Meeting. Chairman Mettler . adjourned the Special Meeting at 9:50 P.M. and noted the Commission would conduct a work session on the proposed Comprehensive Land Use Maps. Hans B. West, Secretary Tukwila Planning Commission Page 3 13 May 1976 C • TIME 7:00 - 8:00 P.M. 7;00 - 7:15 P.M.' — Village Green Apartments 7:15 - 7:30 P.M. — Canyon Estates 7:45 - 8:00 P.M. — Stardust Apartments NOTICE ITINERARY SPECIAL PLANNING COMMISSION. MEETING MAY 13, 1976 :New 'Apartments on . 152nd Street and 57th, Avenue South. .PURPOSE: TO TRAVEL WITHIN THE. CITY AS A GROUP TO VIEW SEVERAL • APARTMENT COMPLEXES TO. DETERMINE THE CHARACTERISTICS • OF THE CITY'S APARTMENT COMPLEXES. 'OUTCOME MAY.AFFECT. COMMISSIONERS' ATTITUDES REGARDING - DESIREABLE DENSI- TIES FOR.APARTMENTS.IN THE CITY: VILLAGE GREEN Tukwila Planning Department May' 11976 • Year Built: 1967 Zoning: M -1 Acres: 3.58 Allowed Density in Zone: 1. R- 4'allows 43 units per acre 2. Total units allowed: 156 Actual Density Developed: (3.58 acres — 24.6 units /acre) 88 Parking: 1. Parking Stalls provided: 2. Parking Stalls required by Code: 3. Difference between actual and Code: Land Area Analysis: 1. Total land area: 2. .Land_ covered by apartments: 3., Land . covered by parking and driveways. 4 Land" in: "open space, .swmg "pools, rec., yards: 5. Total land'in impervious surfaces: Average percent slope: 1. Land over 20% slope: 0 Number of.Apartment Units: 88 1. 2 bdrm units - 2. 1 bdrm units -. 3. Bachelor 0 88 (average size = 660 sq. 0 Number of Apartment Buildings: 10 1. ,Number of stories in buildings: 2 ± 134 -132 + 2 (Approximately) 156,000 approximately 35,800 (23 %) 72,000 ( ±46 %.) .. 48,200 (31 % j, 107,800 (69 %) ft.) • !! /./ 1'1( .1 I l i . — - ... • v;ZW • ST. /730 Pave /675 158.0 .23.5 x 370 (' / x 5 w 0 - 1/4 Car. N 173,525.07 E1,650,134. 94 N 174,000 A ll' ' 61416 `i C C Year Built: 1967 - 1968 Acres: 7.4 Zoning: RMH - 163,200 sq. ft. (3.8 acres) R-4 - 157,100 sq. ft. (3.6 acres) Allowed Density in Zone: 1.. RMH allows 87 units per acre (45%.2 bdrm & 55% 1 bdrm) 2. R-4 allows 43 units per acre TOTAL UNITS ALLOWED Actual Density Developed: (25 units per acre). 1. Net units per acre not including land on slopes over 20%. (29 units per acre) Parking: 1. Parking stalls provided: 2. Parking stalls required by Code: 3. Difference between actual and Code: , Land Area Analysis: 1. Total land area: • 2. Land covered by apartments: • 3. Land covered by parking and driveways:. 4. Land in open space, recreation, yards: 5. Total land in impervious surfaces: 6. Land over"20% slope: Number of Apartment Units: 186 1. 2 bdrm units - 2. 1 bdrm units - 3. Bachelor CANYON ESTATES APARTMENTS • • • • • 84 (average size = 946 sq. ft.) 102 (average size = 698 sq. ft.) NONE ApTukwila Planning Department May 11, 1976 • 326 units 157 units 483 units 186 units 197 279 Number of Apartment Buildings: 10 1. Number of stories in apartment buildings: • and 4 stories 320,300 sq. ft. (7.4 acres) 54,352 sq. ft. (17%) • 70,694 sq. ft. (22%) 195,254 sq. ft.. (61%) 125,046 sq. ft. (39%) 43,600 sq. ft. (14%) 1 a 1 ■ x tormrsa NenkanmEISIMILlis.._ m111101=111011•10= IC 151ST I i ST1 92.0 V?, ), • ,r; 11 1 ,......r, -_<, ..i, t t 14 Ala 7/. & • /2510 4 )1520 x 4 r cr_:\T'ff \\ c , /50.5 Paved I 1 1 • rA11111111111•1 \ Pool I 1 I Paved ii 1 i iu is N l I t I /0 5 S. 152 NO ST. \ • i ) 252a.;- 10 4 Year Built: 1971 Zoning: RMH Acres: 1.5 acres Allowed Density in Zone: 1. RMH allows 87 units per acre . (assumes 50% 1 bedroom and 50% 2 bedroom) • 2. Total units allowed: Actual Density Developed (41 units per acre) Parking: 1. Parking stalls provided 2. Parking stalls required by code: 3. Difference between actual and code: (NOTE:' Code requires 1.5 parking stalls per • . apartment unit. 1.46 per unit was developed) Land Area Analysis: 1.. Total land area: • 2. Land covered by apartments: 3. Land covered by parking and driveways: 4. Land in open space, recreation, yards:' 5., Total land in empervious surfaces: Average percent slope: 10%' 1: Land over 20%'slope: Number of Apartment Units: • 62 (average size 720 sq. ft.) Number of Apartment Buildings: .2 1.' 2 bdrm units - 32 (estimate) average 2. 1 bdrm units - 30 (estimate) average 3. 'Bachelor NONE (estimate) STARDUST APARTMENTS • • - Tukwila Planning Department: Clay 11, 1976 . . 131 units 62 units 65,844 sq. ft. (1.5 acres) 22,320 sq. ft. (34%) 32,264 sq. ft. (49%) 11,260 sq. ft. (17%) 55,704 sq.' ft. (85%) (NONE) size = 800 sq. ft. size = 640 sq. ft. 1. Number of stories in apartment buildings: 2 stories • 95 93 +2 • , . • Year Built: 1969 Zoning: RMH Acres: 3.2 Allowed Density in Zone: 1. Land.over 20% slope: Number of Apartment Units: 114 1. 2 bdrm units - 69 2. 1 bdrm units - 45 3. Bachelor - 0 LA VISTA average size = 950 sq. ft.) average size = 665 sq. ft.) Number of Apartment Buildings: 3 1. Number of stories in apartment buildings:. 3 stories Tukwila Planning Department May 11, 1976 1.' RMH allows 73 units per acre (60% 2 bdrm units and 40% 1 bdrm units.) • 2. Total units allowed Actual Density Developed (3.16 acres) • 36 units per acre Parking: 1. Parking stalls provided: 186 2. Parking stalls required by Code: 171' 3. Difference between actual and•Code: +15 Land Area Analysis: 1. Total land area: 137,900 sq. ft. 2. Land covered by apartments: . 46,950 sq. ft. (34 %) 3. Land covered by parking & driveways 62,525 sq. ft. (45 %) 4: Land in open space, recreation, yards: 28,425 sq. ft. (21 %) 5: Total land in impervious surfaces: 109,475 sq. ft. (79 %) Average percent slope: 258 114 units Land Area Analysis: GRAYDON SMITH APARTMENT ANALYSIS . (SOUTHWEST QUARTER OF PROPERTY) Year Built: 1976 Zoning: RMH Acres: 2.88 Allowed Density in Zone: 1. •RMH - 73 units per acre (two bdrm) 210 units Actual Density Developed: (23 units per acre) 67 units Parking: 1. Parking stalls provided: 138 2. Parking stalls required by code: 101 3. Difference between actual and code: +37 (NOTE: Code requires 1.5 parking stalls unit; development provides 2.1 per unit. 1. Total land area: 2. Land covered by apartments: 3. Land covered by driveways and parking: 4. Land in open space, recreation, yards: 5. Total land in impervious surfaces: er Tukwila Planning Department ,play 7, 1976 125,580 sq. ft. (2.88 acres) 26,700 sq. ft. (21%) 52,480 sq. ft. (52 %) s. 46,400 sq. ft. (37 %) 79,180 sq. ft. (63%) Average percent of'slope: Generally rolling and than 10 %, none over 20% slope. Number of Apartment units: 67 (average size 940 sq. ft.) . 1. •2 bdrm units - 48 (average size 1068 sq. ft.) 2. 1 bdrm units - 10 (average size 678 sq. ft.) 3. bachelor - 9 (average size 550 sq. ft.) . Number of Apartment Buildings this. Portion: 6 . . '. 1. Number of stories in apartment building:. 2 and 3 stories APARTMENT COMPLEX FACTOR or RATIO VILLAGE GREEN CANYON. ESTATES GRAYDON SMITH STARDUST , LA VISTA Number of Units Allowed 156 483 210 131 258 Number of Units Built • 88 186 67 62 114 Number of Units per Acre Built 24.6 29 (4) 23 41 36 Number of Parking Spaces per Unit 1.5 1.06 .2.1 1.53 1.63 Square Feet of Open Space per Unit 547 815 (4) 692 181 249 % Land Area Covered by Apartments 23% 19% (4) 21% 34% • 34% % Land Area Covered by Parking & Driveways 46% 26% (4) 42% 49% 45% % Total Impervious Surface Area 69% 45% (4) 63% 83% 79% % Land Area in Open Space and Recreation 31% 55% (4) 37% 17% 21% Ratio of OFS /SA (I) . . . 1 : 2.6 '_ 1 : 1.9 1 : 2 1 : 1.4 1 : 1.4' Ratio of OFS /R &OS (2) .. 1 : 0.83 1 : 1.03 1 : 0.73 1 : 0.25 1 : 0.29 Ratio of OFS /P &CS (3) • 1.: 1.24 1 : 0.48 1 : 0.83 - 1 : 0.72 1 : 0.65 SUMMARY APARTMENT DENSITY COMPARISON (1) Represents the ratio of square feet of occupied floor space (OFS) to square feet of site area (SA). (2) Represents the ratio of square feet of occupied floor space (OFS) to square feet of recreation & Open Space (R &OS). • (3) Represents the ratio of square feet of occupied floor space (OFS) to square feet of parking & circulation Space (P &CS. (4) ,, 43,600 square feet of property with slops - rin excess of 20% (non - buildable). Planning Department 5/13/76 C 13 May 1976 I. CALL TO ORDER II. PUBLIC HEARING: REZONE - 62d Avenue (Todd) III. ADJOURNMENT. Immediately following adjournment of the Special Meeting, the Planning Commission will conduct a study meeting to familiarize themselves with the proposed Comprehensive Land Use Plan. PLANNING COMISSION SPECIAL MEETING AGENDA .0 • 13 May 1976 AGENDA ITEM 11 : FINDINGS 1. 2. TYPE OF REQUEST: APPLICANT: PROPERTY LOCATION: PROPERTY SIZE: CURRENT ZONING: REQUESTED ZONING: COMPREHENSIVE PLAN: CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT SPECIAL MEETING R -4 to the east C -1 and R -3 to the south R -3 to the west R -3 and R -1 to the north PUBLIC HEARING - REZONE (Todd) Rezone Frank Todd, 14446 - 59th Ave. So., Tukwila 300' N of Southcenter Blvd. on 62nd Ave. Approximately 2.5 acres R -3 R -4 Multiple - family Residential The City Council granted a waiver from Resolution #489 on 19 April 1976 to allow this application to be processed. The current Comprehensive Land Use Plan designates the subject property for ultimate multiple - family use. 3. Current zoning surrounding the subject property is as follows: 4. Access to the subject property is provided by 62nd Avenue South which is a 40 foot right -of -way. Minimum rights -of -way serving residential land uses is 50 feet (Section 17.08.010 TMC). 5. A 6" water line is adjacent the east property line along 62nd Avenue South. 8:00 P.M. 1r: Planning Commission Staff Report - Special Meeting Page 2 13 May 1976 6. Sanitary sewer service exists along Southcenter Boulevard, approx- imately 300 feet south of the subject property. 7. An open storm drainage ditch exists along the east boundary of the property but ends at the south property line. 8. The majority of the site generally slopes southerly, at approx- imately 11- 13 %. (SEE, Environmental Assessment) 9. Geologically, the subject property has good seismic, foundation and slope stability. (SEE, Environmental Assessment) 10. Soils consists of till over bedrock generally providing a high bearing capacity and slight erosion hazard. (SEE, Environmental Assessment) 11. Vegetation is limited to blackberry bushes, a few small trees around the perimeter and brush. 12. Residential uses allowed in the existing R-3 zone are generally limited to fourplexes at a maximum density of 4 units per 9,600 square feet of gross land area and maximum height of 35 feet. (TMC 18.16) 13. Residential uses allowed in the requested R -4 zone are generally limited to apartment buildings at a maximum density of one unit per 1,000 square feet of gross land area and maximum height of 45 feet._ (TMC 18.18). 14. The primary concern expressed by the City Council in previous deliberations focused on density. (SEE, Environmental Assessment) 15. The citizens Residence Committee of the Comprehensive Plan Update has recommended the land in this general area for high density resi- dential use. (SEE, Environmental Assessment) 16. The Citizens Residence Committee has recommended that high density be defined as "over 16 units per acre" and "generally typifies existing apartment complexes ". (SEE, Environmental Assessment) 17. The average density for existing apartment complexes (including four- • plexes) in Tukwila is 22 units per acre. (SEE, Environmental Assessment) 18. The densities of existing apartment complexes in Tukwila vary greatly. (SEE, Existing Apartment Density Analysis) CONCLUSIONS 1. The requested R -4 zone conforms to the current Comprehensive Land Use Plan. Planning Commission Staff Report - Special Meeting • Page 3 13 May 1976 ,2. Using the maximum density restrictions of the R -3 zone, approximately 50 units could be constructed on the subject property. Under R -4 restrictions, approximately 120 units could be constructed on the pro- perty. 3. The R -4 zone allows a much higher density than that recommended by the Citizens Residence Committee as they define and describe "high density ". (SEE, Finding #16) 4. Adequate access should be provided to the subject property. 5. Although utilities exist in the vicinity of the site, their capacity in terms of service area, should . be insured prior to development. 6. Adequate storm water drainage should be provided prior to development. RECOMMENDATION The primary concern which becomes apparent is that of density. The Commission should utilize the recent field trip as well as the Existing Apartment Density Analysis to determine an appropriate density range which compliments and further defines the density recommended by the Citizen's Residence Committee. Staff recommends the Planning Commission adopt the Findings and Conclusions of the Staff Report, or as revised by the Commission, as the basis for and as part of a recommendation to the City Council that the requested rezone be approved provided the applicant enter into -a Property Use and Development. Agreement to include a maximum density as well as the following stipulations: 1. That all utilities necessary to service any proposed development be installed or a bond posted in an amount deemed adequate by the Direc- tor of Public Works, prior to issuance of building permit. 2. Dedication of the easterly five (5) feet of the property to the City for right -of -way and the granting of a ten (10) foot easement for utilities. 3. Any development must include the diversion of all storm water in a manner approved by the Director of Public Works. 4. Agreement by the applicant to equitably participate in any local improvement districts for the improvement of 62nd Avenue South or any utilities therein. 5.. The Agreement shall run with the land and be binding on the property owners, his heirs, successors and assigns. CITY OF TUKWILA • NOTICE OF PUBLIC HEARING. 13 Nay 1976 8:00 P. M. (date) (time) . Notice is hereby given that the Tukwila Planning Commission will conduct a PUBLIC HEARING on the above date at City Hall, 14475 - 59th Avenue South, to consider a regupst for RE frnm R - to R -4 nn a arc 1 of laud generally located 30Q feet Nnrth of Soj. hrenter Boulevard and vest of 62nd Avenue South. All. interested persons are encouraged to appear and be .heard. Flans B. West. .Secretary Tukwila. Planning Commission For further information contact Gary Crutchfield at 242 -2177. Published in the Record - Chronicle. on 28 April gt 5 May, 1976 i APPLICATION FOR A REZONE OF A CERTAIN PROPERTY ADJACENT TO AND WEST OF 62ND AVENUE SOUTH AND APPROXIMATELY 300 FEET NORTH OF SOUTHCENTER BOULEVARD FROM R -3 TO R -4. Applicant - Frank Todd INTRODUCTION: The following is a Statement of Declaration by the undersigned as the Responsible Official pursuant to Title 18.98 of the Tukwila Municipal Code and the Washington State Environmental Policy Act of 1971. An Environmental Assessment has been completed on the proposed legislation and has been taken in to consideration in this Declaration. DECLARATION: Based upon the Environmental Assessment as prepared, Section 18.98 of the Tukwila Municipal Code dealing with environmental policy and the guidelines issued by the Washington State Depart- ment of Ecology for the implementation of the State Environmental Policy Act, I find that the proposed rezone application from R -3 to R -4 will not have a significant effect upon the environment and therefore a complete Environmental Impact Statement is not required. The City reserves the right to require an additional environmental review, and full Environmental Impact Statement if deemed neces- sary, at such time as a building permit is applied for on the pro- perty. PLANNING DEPARTMENT KS /cw S � okn s Director t , for CITY OF TUKWILA PLANNING DEPARTMENT STATEMENT OF DECLARATION File No. MF- 76 -13 -R 16 1 gAteViv STATE OF WASHINGTON COUNTY OF KING 28 day of April V.P.C. Form Na. 87 Affidavit of Publication ss. Berbera Cempegne oath, deposes and says that She is the chief clerk 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 continually 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 .R.t .f or...Re.Eone as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period being first duly sworn on of t io consecutive issues, commencing on the 19 76 , and ending the day of May ,19.75.., 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 $ , 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 5 day of ,19.... !!! I,!1!C. Notary Public in and for the State of Washington residing at Kent, King County. — 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. CITY OF TUKWILA ENVIRONMENTAL ASSESSMENT MAY 7, 1976 File No. MF- 76 -13 -R This environmental assessment has been prepared to report on the potential impact of a legislative action rezoning a certain property from R -3 to R -4. A. THE PROPOSED ACTION: 1. The proposed legislation would change the zoning designation on a certain property from R -3 to R -4. 2. Justification: This application is justified since the property and its general vicinity is in an area identified by the present Tukwila Comprehensive Land Use Plan as potential multiple- family. The trend in the upcoming Comprehensive Plan update should also be considered. 3. Location: The subject property is located west of and adjacent to 62nd Avenue South approximately 300' north of Southcenter Boulevard. The legal description is as follows: "That portion of Tract 11, Interurban addition to Seattle; according to the Plat recorded in Volume 10 of Plats, page 55, in King County, Washington, described as follows: Beginning at a point on the east line of Tract 11 which is 162.79' north of the southeast corner thereof; thence continuing north 0° 8' west 359.88' to the northeast corner of said Tract 11; thence south 89° 52' west along the north- erly line thereof 300.86'; thence south 0° 8' east 398.14'; thence north 89° 52' east 141.65'; thence north 0 8' west 38.26'; thence north 89° 52' east 159.21' to the point of beginning." 4. Historical Background: The best information available indicates that prior to December 23, 1957, there was no zoning map adopted within the City of Tukwila and consequently the subject property is assumed to have been zoned single - family. On December 23, 1957, a zoning ordinance was adopted by Ordinance #251, and in conjunction therewith, a zoning map was adopted which created R -3 zoning on the subject property. The Comprehensive Plan Map, as amended by Ordinance #484 on May 15, 1967, indicates all the area between Southcenter Boulevard and South 151st Street as multiple - family. The following actions have occurred recently on this property: a. On October 24, 1974, a rezone application was submitted on the same property from R -3 to RMH. This request was favorably recommend upon by the Planning Commission by a unanimous vote, however, after considerable review by the City Council, the rezone application was denied on July 7, 1975. Planning Depart- ment file MF- 75 -1 -R contains the details on this application. The minutes of the City Council decision are in the appendix of this assessment. b. On August 4, 1975 an application from R -3 to R -4 was applied for. This application received a favorable recommendation from the Planning Commission, but after considerable review by the City Council the rezone application was denied on October 20, 1975. Planning Department file No. MF- 75 -15 -R contains the details on this application. The basic reasons for denial by the City Council can be found in the City Council minutes in the appendix of this assessment. c. On January 1, 1976, an application for a 15 lot subdivision was applied for. This received a favorable recommendation from the Planning Commission but after considerable review by the City Council was denied on April 5, 1976. (Planning Department File No. MF -76 -2 -SUB.) The minutes of this final denial and reasons therefore are attached to this environmental assessment. d. A request for a waiver to resolution 489, which requires City Council approval prior to City Staff accepting a rezone application from R -3 to R -4 and other actions until a new Comprehensive Plan is adopted, was applied for and granted by the City Council. A formal rezone application was filed by the applicant on April 23, 1976. vea 5. Public Participation: Participation will be available to the.public as follows: a. Advertised public hearing before the Tukwila Planning Commission during a special meeting on May 13, 1976. b. Before the Tukwila City Council at a regular meeting as soon as possible thereafter for its first reading. c. After first reading by the Council, it is up to the City Council to deliberate until such time as they are adequately informed to make a decision. 6. Relationship to Existing Laws, Policies and Plans: At the present time the subject property and general vicinity is identified in the Tukwila Comprehensive Plan Map as potential multiple - family zoning. In this Comprehensive Plan there are no policies or additional guidelines to indicate the density this subject property should have, that is, R -2, R -3, R -4 or RMH. In reading the chapter headings in the R -2 through the RMH zones in the Tukwila Municipal Code, they read as follows: a. R -2 district - Two - family dwellings. b. R -3 district - Three and four - family dwellings. C c. R -4 district - Low apartments. d. RMH district - Multiple residence high density. Multiple - family, as identified in the Comprehensive Plan, could be interpreted to be any of these above zoned categories. The pending comprehensive plan update offers some additional guidance on the question of density, however, no action has yet been taken on this by the Planning Commission or City Council. The Citizens Residence Committee on the Comprehensive Plan Update met in February, 1976 and made the following recommendations on density: a. Low Density: 1- 5 units per acre (single family dwelling units) b. Medium Density: 6 - 16 units per acre. (generally fourplexes, threeplexes and duplexes) c. High Density: Over 16 units per acre (Generally typifies existing apartment complexes in Tukwila) The property in question has been recommended by the citizens committee for potential high density, that is, over 16 units per acre. Since the committee was thinking in terms of R -2 and R -3 for medium density and R -4 zoning for high density, it would be apparent that the density range for this property would be from 17 - 43 units per acre. The key question than is, where within this range is the proper density allowance for this property? (Note: The guidance for resolving this question also seems to have been recommended by the citizens committee implicitly, that is, by reviewing existing developed apartment complexes in Tukwila.Including fourplexes, the average density for multiple family developments is 22 units per acre. (Pages 44 - 48 of the Data Inventory provides some in- formation on this matter. Factors involved which also effect density are: a. Desired land coverage b. Building height allowances c. Parking requirements d. Slope of land e. Roadway and access f. Utilities available 7. Any Decisions Remaining Before Implementation of Legislation: At this point the rezone application must go before the Tukwila Planning Com- mission at an advertised public hearing. After a decision by the Plan- ning Commission, final disposition will be made before the Tukwila City Council during a regular Council meeting. B. EXISTING CONDITIONS: 1. Zoning and Land Use: a. Uses allowed in the R -3 zone, which the property is presently zoned, include duplexes, triplexes, fourplexes, convalescent and nursing homes with not over 12 patients and boarding and lodging v • ONO ___ I houses with a maximum of 12 boarders. The maximum potential density is RM 2400. Uses allowed in the R -4 zone includes apart- ments, boarding and lodging houses, convalescent homes, convents and private clubs, and schools. Adjacent zoning is as follows: 1. R -4 to the east. 2. C -i and R -3 to the south. 3. R -3 to the west. 4. R -3 and R -i to the north. Existing developments in the vicinity include an apartment complex to the northeast, vacant land to the east, a single- family dwelling to the south and one to the west, and vacant property to the north- west and north portions adjacent to the property. b. Zoning regulations in the R -4 zone in addition to the above are as follows: 1. Height of buildings: 3 stories maximum and shall not exceed 45 feet in height. Height and stories are deter- mined as follows: (18.18.030). 45' MAC• y5', '74 A r e ,. ••": It r Height Heipht /rage.— !fir - ade, . rill . ig,oG.oBo t'm G /$.pt. vo5 7 x J e ry ' .a•,,. 7 x e$ vet 1 4% V . It less - 14,...., y berv►evt s b. 2. Front yard setback: Fifteen percent of the depth of the lot, but need not be more than 20 feet as long as the distance from the centerline of the street to the building is not less than 45 feet. (18.18.040). 3. Side yard setbacks: There must be a side yard on each side of every principal building with a minimum width of not less than 10 percent of the width of the lot. Such yard cannot be less than four feet nor need be more than eight feet. If a structure is over 35 feet high any side yard cannot be less than six feet. (18.18.050). 4. Rear yard setback: Twenty -five percent of the depth of the lot but need not be more than twenty -five feet. (18.56.070). 5. Parking: 11/2 parking spaces per apartment unit. (18.56.070). 6. Density: One apartment unit per 1,000 square area. (43 apartment units per acre). Reference should be made to the land use map adjacent to page document DATA INVENTORY: TUKWILA PLANNING AREA for locations apartments. Additional valuable information on apartments in same document on pages 44 - 49. feet of land 35 in the of existing found in the 2. Natural Conditions: (Source: Data Inventory: Tukwila Planning Area.) a. Geology: The site is composed of sedimentary and volcanic rock (bedrock) which has good seismic, foundation, and slope stability. However, care is recommended when slopes are modified to guarantee continued stability of the slope. Soils: The majority of this site is till soils over bedrock has a high bearing capacity, slight erosion hazard, and fair ternal drainage and arability. which in- c. Slope: The gradient of the slopes vary from 5 to 25 percent. A more close analysis of the property, however, shows the majority of the land to be sloped southerly from 11-13 percent. d. Drainage: The property would be drained by 62nd Avenue South which has an open ditch drainage system. e. Vegetation: The primary vegetation on the property is black- berry bushes with some trees. f. Wildlife: Bird and animal species which inhabit the subject property are typical of those generally found in the Tukwila area. Although no field studies have been done, it is assumed that such birds as robins, sparrows, crows and quail use this area for foraging. Smaller mammels like skunk, weasel, raccoon, and rabbit are assumed to use this area also. 3. Circulation: Access to the property is from Southcenter Blvd. via 62nd Avenue South. Access from the east via South 153rd Street presently is not public right -of -way. 62nd Avenue South is paved for two traffic lanes and has open ditch drainage. 4. Utilities: a. Sanitary sewers are presently available for connection in Southcenter Boulevard, however, they have not yet been extended up 62nd Avenue South. b. A six inch water main presently serves the property with a hydrant located at the corner of South 153rd Street and 62nd Avenue South. C. ENVIRONMENTAL IMPACT OF THE PROPOSED LEGISLATION: The primary potential impact of the proposed rezone application would be the potential of other property owners within the area identified on the Tukwila Comprehensive Plan map as multiple - family requesting similar rezones to the R -4 zoning category. If other similar applications occur, they should be reviewed, unless new laws are created to guide the City in their review, under the same procedure as the applicant under this appli- cation. In the future, policies should be adopted to give the Planning Commission and City Council more guidance in their decision making role in the area identified by the Tukwila Comprehensive Plan as multiple - family. Since this is an action requesting a change of zoning, an impact analysis will not be provided on a particular development, since a development is not proposed. A separate impact analysis would be completed at such time as a building permit is applied for on the property. The decision to not include an impact analysis of a specific development is based on a recent Supreme Court of Washington decision on Narrowsview Preservation Associa- tion vs the City of Tacoma, a part of which reads as follows: "It is entirely consistent for government to determine that a change in zoning will not have a substantial impact on environment, based upon information available, when examined in relation to those uses already allowed by existing zoning and yet required an environmental impact statement at such time as a preliminary plat or building permit is issued for a specific pro- ject when details of specific structure and use of property are more clearly defined." Cite: Wash., 526P. 2d 899. D. ANY UNAVOIDABLE ADVERSE EFFECTS: The only potential adverse effects associated with this rezone application is not the application itself, but the potential requests for additional rezones to the R -4 category in the area of the Comprehensive Plan allowing multiple - family when closer into the single - family areas. Because of this due care should be taken to determine first what the desireable density should be in general for the general area and act accordingly on this pro- perty. Beyond this, no unavoidable adverse effects are anticipated with this legislative action. It should be noted that at such time that a building permit is applied for, an additional environmental analysis will be required of the specific devel- opment. E. ALTERNATIVES TO THE PROPOSED ACTION: The following alternatives are available on this proposed action: a. Deny the request for R -4 zoning. b. Approve the request for R -4 zoning. c. Approve the request, with conditions, including limiting density to some degree less than allowed by the R -4 zoning. (If this alternative is chosen, a recommendation from the city attorney should be sought regarding the best way to accomplish it). F. RELATIONSHIP BETWEEN LOCAL SHORT TERM ENVIRONMENTAL USES AND THE MAINTENANCE AND ENHANCEMENT OF LONG TERM PRODUCTIVITY: The sloped hillside where this property is located is not desirable for agricultural uses nor are mineral resources known to be located thereon. It is anticipated that this area will be developed to an urban character, and therefore the proposed action will be consistent under the title of . this section. • ,14-tA CI rT UWI CTY Vicinity map . ' Todd property (rezone application) TUKWILA • May 6; 7197,6 FIGURE 1 • ir • , 1114 vol..4 Ci 1,W) COMPREHENSIVE LAND USE PLAN CiTY 1 .W LEGEND INDUSTRIAL RETAIL SALES MULTIPLE FAMILY PlEa SINGLE FAMILY. PUBLIC • . Toad . property (rezone application) May6,. 1976 • FIGURE 2 PASSED BY ORDINANCE 484 15 MAY 1967 • • • • • • • • 2 (� • • C ,AI • • Zoning map., Todd property (rezone application Scale 1" = 200 May 6,1976,- • Iy •• • '0r • • FIGURE 3 • \I X477� r � \ Y ::: El 1 . II.2 ? ) .........1 b , e_ • • r c .. P17/ -11.1 = • ".• cr:r i.■ • - , . __ . , ......„. ;. d.c1 aF . --- --=... - .>--:------ ( tro :1----_ .—....- 61•6 a cl ,. - u.E • ....:„,-;..,;-' (...._-:::::-- -- ....„...-__ .- ,.. • 0:900 geOe 9L6 9 ' • 1 • 'min a r9X 06Z 0 28 April 1976 CITY or TU KWI LA 14475 - 59TH AVENUE SOUTH TUKWI LA, WASHINGTON 98067 Mr. Frank Todd 14446 - 59th Avenue South Tukwila, Washington 98067 Dear Mr. Todd: Gary CrutcYffield Assistant Planner GC /cw Edgar D. Bauch, Mayor The Tukwila Planning Commission, at its regular meeting conducted 22 April 1976, considered your request that a Special Meeting be conducted to con- sider your most recent application for rezone at that parcel located about 300 feet north of Southcenter Boulevard and immediately west of 62nd Avenue South. The Commission voted to schedule a Public Hearing as requested for 8:00 P.M. Thursday, 13 May 1976 at the City Hall Council Chambers. Should you have any questions please contact me at 242 -2177. Sincere CITY OF TUKWILA PLANNING DEPARTMENT CITY COUNCIL STAFF REPORT 17 11 19, 1976 REQUEST: Request for waiver to resolution 489 for rezone PETITIONER: Frank Todd PROPERTY West of and adjacent to 62nd Avenue South approximately 300 LOCATION: feet north of Southcenter Boulevard. The applicant is requesting a waiver to resolution 489 allowing him to apply for a rezone on the referenced property from R -3 (3 and 4 family dwellings) to R -4 (Low Apartments). This requires council action waiving subsection 4.A of resolution 489. The proceedures of resolution 489 requires Planning Department analysis of four items. They are as follows: 1. Is the proposed action consistent with the presently emerging Land Use Policy Plan? STAFF COMMENTS: The status of Comprehensive Plan update is as follows — The policy part of the Residential Element has been given a motion of intent to adopt by the City Council. The map portion of the Residence Element has been recommended by the Citizens Committee, however, no action has been taken on it yet by either the Planning Commission or the City Council. The proposed rezone application appears to be consistent with the policies proposed in the Residence Element of the Pending Comprehensive Plan Update. The proposed Residence Map shows this area as having potential high density residential land use. The Residence Committee defined this as 16 units per acre or more. Under our present zoning categories, the R -3 zone would allow 18 units per acre and the R -4 zone would allow 43 units per acre. The R -3 zone allows no units larger than 4- plexes and the R -4 zone allows larger apartment buildings. It appears that a zoning map update and zoning ordinance update may be needed to determine the density of the areas designated for high density multiple. As you can see from the proposed Residential Land Use Map Comments, there is quite a range of potential densities that could be designated within the high density residential areas. That is, anywhere between 16 units per acre and higher. City Council Staff Report C� As far as whether or not the proposed action is consistent with the emerging land use plan, it is consistent with the policies however, there is some uncertainty regarding whether or not it is consistent with the proposed land use map. 2. Does the proposed action represent a unique condition which is insignificant in scale and to which no other apparent alterna- tives are reasonable? Page 2 April 19, 1976 STAFF COMMENTS: The proposed action cannot be said to have a unique condition, since the same type of request could very well come from any property in the vicinity to the east or the west. A development on the property within an R -4 zone would be more sig- nificant than the type of development proposed in a R -3 zone. The basic alternatives are as follows: A. Build to the limitation of the R -3 zone B. Build to the density of the R -3 zone but allow all units to be located in an apartment type building C. Allow a rezone application to R -4 but require a developers agreement which would allow less than the R -4 density D. Allow R -4 development on the property 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 not located in a area which has been identified as having potential natural limitation to development. 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? STAFF COMMENTS: The major policy commitment that would be made by this action would be allowing up to 43 units per acre or high density multiple development in this area. This being so because the only options available under our present zoning ordinance is the R -3 or the R -4 zoning category which allow 18 units per acre and 43 units per acre respectively. The adoption of the Comprehensive Plan, as it stands at the present time, will not answer the question of how many units will be allowed and how many zoning categories there will be within the high density residential areas. The answer to this question will only come through an update of the zoning map and zoning ordinance. City Council Staff Report RECOMMENDATION: Page 3 April 19, 1976 The granting of this rezone application would set a policy direction for the density in the vicinity of this property. For a comparison of densities in existing multiple family develop- ments please refer to page 45 of the "Data Inventory: Tukwila Plan- ning Area" as published by the City's Planning Department. The map on page 47 shows the location of the various multi - family complexes. It is the recommendation of the Staff that this waiver request be granted for the following reasons: 1. The adoption of the Comprehensive Plan will probably not answer the question of how many units per acre should be allowed in a high den- sity residential area. This answer will probably not come until a new zoning map and zoning ordinance has been adopted. It would seem unfair for the applicant to have to wait this long to be allowed to apply for a rezone application. 2. The Planning Commission and City Council could stipulate a density somewhere between the R -3 and R -4 zoning category in a developers agreement if they felt that the R -4 density is making to great of a policy commitment at this time as it relates to a land use intensity in this area. Attachment: Application for waiver questionnaire 22 April 1976 Mr. Frank Todd 14446 - 59th Avenue South Tukwila, Washington 98067 Dear Mr. Todd: In order to properly process an application for rezone, a complete and . current application must be filed with this office. Such application, must include the completed application forms, environmental questionnaire, $100 filing fee and necessary drawings. It is to your advantage' to file the above at your earliest convenience since the Planning Commission conducts regular business meetings on the fourth Thursday of each month. Please contact me at 242 -2177 if you have any questions. Sincerel G. r Crutc Assistant GC /cw field lanner Edgar" D. Bauch, Mayor CITY OF TUKWILA 14475 - 59TH AVENUE SOUTH TUKWI LA, WASHINGTON 98067 City Council Administrative Report RECOMMENDATION: Administration recommends approval of this preliminary subdivision . only with the following conditions attached: 1. The road be constructed with a 20 foot paved width, 7 feet of crushed rock shoulder on each side and a ditch section be designed in accor- dance with Tukwila Municipal Code standards and included on each side of the roadways for storm water collection. 2. Monumentation of each corner of the subdivision and each lot line as it intersects with any of the road right -of -way. 3. That a 50 foot right -of -way be dedicated on each proposed street. 4. That the sanitary sewer and water mains be built to city standards and dedicated to the City and an adequate easement be provided for their maintenance. In addition, the water main be a loop system, preferably through lot 7, with 3 gate valves provided in the system. 5. Dedication of five feet of additional public right -of -way along the entire east property line adjacent to 62nd Avenue South and the execu- tion of a developers agreement with the City to agree to participate in any future L.I.D. to improve 62nd Avenue including any utility or other related improvements needed in conjunction with the street improvement. 6. That a 65 foot diameter turnaround be required at the western terminus of each road. At such time as any roads are extended west any turn- around area outside of the 50 foot right -of -way shall revert back to the owner of the abutting property. • Page 3 'April .5, 1976 NOTE: Local ordinances dictate the requirement of item 1 in the above recom- mendation. State law requires monumentation of each corner of the boundaries of the subdivision. The additional monumentation of lot lines where they intersect with the proposed right -of -way is an admin- istrative recommendation that is considered to be in the public interest and state law authorizes local governments to require internal monumen- tation of lots. April 5, 1976 7:00 'P.M. PUBLIC HEARINGS Preliminary Plat proposal of Todd's Rainier Vista Rainier Vista '- Cont. TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall Council Chambers M I N U T E S Mayor Bauch opened the public hearing at 7:16 P.M. All comments of the public hearing are on file in the City Clerk's office in the form of a court reporter's transcript attached to the original set of Minutes.• Mayor Bauch closed the public hearing at 8:00 P.M. MOVED BY MS. HARRIS THAT THE PLAT BE AMENDED TO PROVII A 50 FOOT RIGHT -OF -WAY ON EACH OF THE INTERNAL STREET; MOTION WITHDRAWN. MOVED BY MS. PESICKA, SECONDED BY TRAYNOR, THAT THE PRELIMINARY PLAT OF TODD'S RAINIER VISTA BE DENIED.* City Council discussed provisions of the Comprehensiv( Plan regarding zoning in the area of the proposed plat *ROLL -CALL VOTE: 6 AYES - GARDNER, MS. HARRIS, MILL, MS, PESICKA, SAUL, VAN DUSEN; 1 NO - TRAYNOR. CARRIED. MOVED BY MS. HARRIS, SECONDED BY MS. PESICKA, THAT TI-II COUNCIL FORMULATE ITS SPECIFIC REASONING FOR THE DENII } OF THE PLAT AND ENUMERATE THOSE REASONS. CARRIED, WI'] HILL VOTING NO. , MOVED BY MS. HARRIS THAT THE REASON FOR DENIAL OF THI PRELIMINARY PLAT IS THAT IT DOES NOT SERVE THE PUBLI( USE AND INTEREST IN•THAT THE STREETS DO NOT MEET THE CITY STANDARDS AND THERE ARE'NO PROVISIONS FOR ADEQIA TURN - AROUND FACILITIES FOR EMERGENCY VEHICLES AND MOVED BY MS. HARRIS TO AMEND THE MOTION THAT THE COUNCIL DISCUSS EACH REASON SEPARATELY. MOTION FAILI FOR LACK OF SECOND. Mayor Bauch recommended- the City Council use the findings of the staff report as a wa) of determining reasons for denying the proposed plat, MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE REASON FOR DENIAL OF THE PRELIMINARY SUBDIVISION IS BASED OP THE.6 ITEMS UNDER RECOMMENDATIONS ON PAGE 3 OF THE APRIL 5, 1976 ADMINISTRATION REPORT. CARRIED, WITH MS. PESICKA AND VAN DUSEN VOTING NO. .,ti'ILA CITY COUNCIL MEETING Niober 20, 1975 . age 5 Proposed ordinance, Mayor Todd excused himself from the Council table Rezone property and yielded the gavel to Council President Traynor. from R -3 to R -4 MOVED BY HARRIS, SECONDED BY JOHANSON, THAT PROPOSED (Frank Todd) ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance re- classifying certain property from R -3 zoning to R -4 zoning within the City of Tukwila, by title only. Councilwoman Harris reviewed the minutes of the October 15 Community Affairs Committee meeting which recommends "do not pass" for the following reasons: (1) The Comprehen- sive Land Use Plan indicates multiple dwelling in this area. This has been met in that the parcel is already zoned multiple - dwelling. (2) Access is by one road, legally, only. Although traffic is increas ed, accessibility is not, thus traffic hazards would be increased. (3) Safety from fire - not enough in- formation to comment. (4) Adequate light $ air - no problems are foreseen. (5) Overcrowding of land - the density of land would be from 50 units and 110 people in R -3 to 120 units and 264 people in R -4, or approximately 2 1/2 times on 'that parcel alone. (6) To secure an appropriate allotment of land area in new developments for all the requirements of comm- unity life - difficult to assess until a site plan is presented. (7) To conserve and restore natural beau- ty and other natural resources - difficult to assess and project. In summation, the committee determined that the present zoning provides the maximum density that the "hill" area should have and maintain its rural atmosphere. Mr. Frank Todd requested that the entire record of the Community Affairs Committee minutes be admitted to the record of the City Council minutes. Council President Traynor and Councilwoman Harris, Chairwoman of the Committee, agreed. Councilman Traynor stated at the time the previous rezone request to RMH was discussed, several Council Members indicated that R -4 zoning was more desirable. He stated this may have prompted the petitioner to refile a request to R -4. He stated regarding a normal size building lot if we apply the R -3 population density to it, we could put 13 people on that lot. If we apply R -4 zoning, we would be able to put 33 people on the lot. If -my lot had 33 people on it with 7 or 8 cars, the density is too great. He stated he concurred with the recommendation of the Committee. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE DENIED. CARRIED. \..WILA CITY COUNCIL LAR MEETING Lily 7, 1975 Page 3 Proposed ordinance -f Rezone from R -3 to RMH (Todd) Councilwoman Harris reported the Community Affairs Committee met on June 18 and June 25 for a total of 5 hours to discuss the proposed rezone. The Committi recommendation is to deny for the following reasons: 1. Direct conflict of interest against Appearance of Fairness Doctrine a. Applicant is Mayor of Tukwila. b. Staff must do work -up. c. Applicant speaking to Planning Commission and Council P/C meeting of December, 1974, Council meeting of January, 1975, Council meeting of March,1975 and letter from appli- cant of January, 1975. d. In November, 1974 Planning Commission Chair- man was an employee of Applicant /Mayor. e. Concern of citizen that staff was intimidate 2. Rezone on its merits, land use in terms of health, safety and welfare of the community a. R -1 is to the North; no buffer zone between . requested and existing zones. Had previousi been applied by the Planning Commission as a standard; i.e., landscaping, inadequate less dense zoning between RMH and R -1 or R -3. b. Requested zoning is inconsistent with existi established adjacent zoning which has set th pattern for development in the area. c. RMH introduces a new use in residential area Allowable use of office space is an encroach ment into the interior residential area, rather than restricting this use to peripher of residential area. d. 62nd Ave. So. is the only legal access to site. In reality, traffic would occur on So. 153rd, a portion of which (the westerly 1/3) is a private road. It is estimated there would be a population increase of 250 people, and 780 vehicle trips per day, caus- ing a significant number of cars and /or delivery trucks to use So. 153rd, in a singl family actual use neighborhood, creating a safety concern. Increased traffic from 62nd Ave. So. into Southcenter Blvd. could lead t congestion at peak hours, and heavy traffic load on 62nd Ave. So., as well as introducir a new type of traffic (related to office use in interior of residential area on a substar dard street. e. Allowing such density which includes office space may result in future City costs; i.e. signalization of 62nd Ave. So. and Southcenl Blvd. Councilwoman Harris further stated this property is _7111 4D1W smaller portion of R -3 a; R -3 would border the ,,roposed rezone to the We A. She stated the Committee to deny the rezone request and recommended "Do Not Pass" proposed ordinance. MOVED BY HARRIS, SECOND' ED BY SAUL, THAT PROPOSED ORDINANCE BE READ FOR ITS SECOND READING BY TITLE ONLY.* Scott Hutchison, repre senting Frank Todd's attorney's office, stated the Appearance of Fairness Doctrine does apply in this case, but the fact that Mr. Todd is the Mayor does Proposed ordinance - not constitute denial of Appearance of Fairness in'thi Cont. case. He is a member of the community just. as are members of the City Council and he has a right to certain business pursuits. The purpose of the Appear- ance of Fairness is to insure full disclosure of adverse interests in matters and that there should be no over - reaching by public officials. There certainly has been a full disclosure and we have no proof there has been over - reaching on his part. There is also a right to review on these matters in court to decide whether or not there has been an arbitrary or capri- cious made on the part of the City Council, and if the rezone is denied because Mr. Todd is the Mayor of this community, we believe that that is an arbitrary and capricious decision. We will have the right to an appeal to reverse the Council's decision and this will involve extensive legal costs to him and to the City of Tukwila. We feel this should be taken into consideration also. Mr. Hutchison.stated he felt the Appearance of Fairness Doctrine had not been violated in this case. The Planning Commission has made a recommendation in this matter and he re- quested it be read into the record. Mayor Pro Tem Traynor stated the findings of the Planning Commission have been entered into the record over the past severa months at the Council table and would be found in pre - vious Minutes. *MOTION TO READ BY TITLE ONLY, CARRIEI Attorney Parker read proposed ordinance reclassifying certain property from R -3 zoning to RMH zoning within the City of Tukwila by title only. Councilwoman Harri stated, in reply to. Mr. Hutchison's remarks, that the Committee did consider the question of whether Mr. Toe should or should not be denied his rights as a citizer while serving in office. The Committee felt with the public's awareness of the conflict of interest issue, it seems to be desirable to avoid a situation that could be questioned under the existing guidelines, particularly when the Mayor has challenged another • person regarding another subject sometime earlier on his right to speak as a citizen and then vote as a Councilman. She stated we:all recognize we should not lose our civil liberties due to the fact we are public officials, but the public' is becoming more sensitive 1 the activities of elected officials. Councilwoman Harris stated the Committee members felt it was inappropriate for the applicant while he was holding office to address the issue in writing and at the meetings himself; perhaps someone should have appeare toeL , behalf of the applicant Aim this case. Councilwoman >arris read a telephone me ,age memo from Mayor Todd stating he would accept a rezone to R -4 in lieu of RMH in an effort to avoid legal action if the rezone request were denied as recommended by the Community Affairs Committee. She objected that this was submitt before the Council voted on the issue and that the message appeared on City letterhead memo. MOVED BY JOHANSON, SECONDED BY STERLING, THAT THE REZONE REQUE: BE DENIED.* Councilman Johanson stated he did not understand how Mr. Todd was being denied his rights a: a citizen -- there are other properties in the City tl are already zoned in this category for development. We are talking about classification of development of a piece of land in a certain category. Councilman Sal asked about the feasibility of rezoning to R -4 in lies of RMH. Councilman Johanson stated the Committee did receive professional input that the City Council does not have that prerogative. The request before us is from R -3 to RMH. Councilman Sterling requested a legal opinion regarding Mr. Todd's request to change this to R -4. Kjell Stoknes, Planning Director, state the. Council is obligated to act on the rezone request to RMH in response to the applicant. If the applican Proposed ordinance agrees to a lesser zone and revises the application tc Cont. that lesser zone, the Council would then act on the revised application. He stated he did not know what the legal requirements were regarding . review of the revision by the Planning Commission. However, this revision would have a less than or equal to impact on the area. Also he stated he did not know if a telephone message is adequate legal request for a change in the rezone request. Attorney Parker stated the telephone message is sufficient, but he felt the request would have to go back to the Planning Commis- sion for review. Mayor Pro Tem Traynor stated in the past we have not been able to limit the height of buildings in RMH zones and R -4 is still a question in his mind. Before a vote is taken, he requested to know if a basement is considered a story. RECESS MOVED BY JOHANSON, SECONDED BY SAUL, THAT THE COUNCIL 8:00 P.M. - 8:07 P.M. MEETING RECESS FOR FIVE MINUTES. CARRIED. Mayor Pro Tem Traynor called the meeting back to order with all Council Members present as previously listed. • Kjell Stoknes, Planning Director, read a definition from the Uniform Building Code and also illustrated the criteria used consistently by the Planning Depart. ment. On a slope, the average height is taken betweei the two finished grades and if this average is less than half of the height of the first story, then it is a basement. If the average is equal to or more than half the height of the first story, then it is an additional story. tt 4 i k (l` ?S(Gtr ;. Councilwoman Davis read a proposed policy statement for consideration by the City Council as follows "This Committee finds that it is not the intent of the Comprehensive Plan to allow RMH zoning this far North of Southcenter Boulevard, but to have a gradual transition from RMH and C -i zoning to R -1 zoning. • This application is not consistent with this. "• Kjell Stoknes stated if the Council intends to consider the R -4 zoning, he would recommend no action be taken on the proposed ordinance until the applicant amends his request and the Planning Commission has considered the amendment. Councilwoman. Harris stated the Council has authorized the Planning Department to conduct a review of the Comprehensive Land Use Plan and staff is actively engaged in that project at this time. The map may be different in some areas of the City . as an end result of this study. Perhaps everything could be held until the review is complete and public hearings are over. More rezone applications may follow. The Council could'apply a policy statement on this. Councilwoman Davis stated if the applicant wished to resubmit his request for R -4 zoning, she felt it should be re- advertised for the public and the process should begin from start. *MOTION TO DENY REZONE REQUEST, CARRIED. City Clerk Shirlee Kinney asked for clarification regarding the proposed ordinance. Mayor Pro Tem Traynor stated the ordinance is also intended to be denied by the previous Motion. I, l� eel U i ' IOW �� , being duly sworn, declare that I am the coiitradt purchaser or owner of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed'and sworn before me AFFIDAVIT this ,,231-. af.; ��i1�,c � , 19 / • Notary .,Pu•l:ic :iad f tie State of Washington, residing at (S ,nature of Con ract Purchaser or owner) ( � (Mailing Address 6 tj- z4 6(, C i t y) (State) (Telephone) Form C • FOR OFFICE USE ONLY Appl. No. Receipt No. Filing Date Hearing Date APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS NEATLY AND ACCtJRNrE Y: Name Fe4111 < o b 1> Property Petitioned for rezoning is between Af3 Total square footage in property /2..0 LEGAL DESCRIPTION CF PROPERTY Existing Zoning What are the uses you propose to develop on this property? ?' .c . Number of permaneint off - street parking spaces that will be provided on property? ( L` 04 e"ge",4 Number required NOTICE TO APPLICANT: The following factors are considered in reclassifying property or modifying regulations. Evidence or additional information you desire to submit to substantiate your request may be attached to this sheet. •.(See Application Procedure sheet Item No. 2 for specific minimum requirements.) 1. What provisions will be made to screen adjacent surrounding property from any incompatible effects which may arise as a result of the proposed land use classification?. • fqN £E (3-, © & 2. What provisions will be made to provide for necessary street widening to City minimum standards? APPLICATION FOR CHANGE OF LAND USE CLASSIFICATION OR MODIFICATION OF LAND USE REGULATIONS IN THE CITY OF TUKWILA AS April rqz 16 Lli4 l 4 1114 . lO - ad o 3. What provisions will be made for adequate sewer and water service? Planning Carmission Action City Council Action Ordinance No. & Date Any other caments which the petitioner feels are appropriate: SK 12240,440 Form B Address / WK‘ ---J % -: Telephone No. J located on /f.3 /ed . v` ‘.2 if, 41A-4 and !J Zoning requested Legal Description of Property Affected: Seer it 4 CITY OF TUKWILA APPLICATION FOR WAIVER From the Provisions of Resolution Number 489 (Please type or print) Date of Application: ru . /3 --7G Name of Applicant: ;: tobt Mailing Address: iO! ceG ( cfp City: 'T4��s�t /ao Zip: ` 1( 1 (. C Phone: )11e3 ./601e" Ownership Interest in Property: (:p„,07XA„o? PtiyK tr General Location of Property: 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: ___ c04.01w It-3 i-a 2-7e 3. What is your justification for your request: (Please refer to items 1- 4 on the cover sheet and respond to them.) Q.Ce- / " (ie y gilt /6/ el4 -rh /S f t ✓1'o14411 20.vi.✓c. .re- idiveltr Ta c� t4i c- / /9-Am • pe.:er i t iii r - 'm## '- tey (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.): Th �" Coo✓eliti ir.✓ s /441. A410# c.t 3 feet/10.st / /1v //✓6' erfor /OI /54 /.vrc.r fiA Sr,Zrf S yye.1-- op /E r' (QIue (t • (Attach any. other information available which substantiates your request) Date Received.: Received by: kr( descrierfo4 Date scheduled be ore City Council: Action of City Council: (for office use only) 444#67- Date of City Council Action: "That portion of Tract 11, Interurban addition to Seattle; according to the Plat recorded in Volume 10 of Plats, page 55, in King County,, Washington, described as follows: Beginning at a point on the east line of Tract 11 which is 162.79' north of the southeast corner thereof; thence continuing north 0 8' west 359.88' to the northeast corner of said Tract 11; thence south 89 52' west along the north- erly line thereof 300.86'; thence south 0 8' east 398.14'; thence north 89° 52' east 141.65'; thence north 0° 8' west 38.26'; thence north 89° 52' east 159.21' to the point of beginning. ",.,,