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HomeMy WebLinkAboutPermit 76-22A-W - KETCHUM HENRY - SAN JUAN APARTMENTS REZONE WAIVERMF 76-22A-W 6210 SOUTH 153RD STREET KETCHUM HENRY SAN JUAN APARTMENTS COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN June 18, 1976 KS /cw Edgar D. Bauch,,Mayor CITY of TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 Mr. Henry H. Ketchan, Jr. 6210 South 153rd Street Tukwila, Washington 98168 Dear Mr. Ketchan: PLANNING DEPARTMENT RE: Your request for a waiver for a rezone • Very truly yours, k Kj 11 Stoknes Director, Department of Community Development and Planning 3•, The Tukwila City Council considered your request for a waiver for rezoning the property adjacent to and east of the San Juan Apartments at a Committee- of-the-Whole Meeting on June 14, 1976. After some discussion on the matter, it was their decision to deny your waiver request in order to allow the Comprehensive Planning Process to take its course in determining the future desirable land use for this area. Resolution #489, which required this waiver request by you in order to apply for a rezone, will come before the Tukwila City Council for review during their regular Council Meeting of July 6, 1976. At that time they will decide whether to keep the Resolution in force or to nullify it. l June 14, 1976 REQUEST: Request for waiver to resolution 489 for rezone PETITIONER: San Jaun South Apartments (Henry Ketcham Jr.) PROPERTY 6210 South 153rd Street LOCATION: CITY OF TUKWILA PLANNING DEPARTMENT CITY COUNCIL STAFF REPORT The applicant is requesting a waiver to resolution 489 allowing him to apply for a rezone on the referenced property from R -1 -12.0 (Single - family) to R -3 (Duplexes, tri- plexes and four- plexes). This requires Council action waiving subsection 4.A of resolution 489. The procedures 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 proposed rezone to R -3 would basically be consistent with the emerging Comprehensive Plan, with the excep- tion that the emerging land use plan recommends a maximum of 16 units per acre for this area. The R -3 zone, without any density restrictions, would allow up to 18 units per acre. 2. Does the proposed action represent a unique condition which is insignificant in scale and to which no other apparent alterna- tives are reasonable? 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 north or the east. Although it may not be a unique condition, the scale of the proposal if developed within the criteria of 16 units per acre could not be said to be significant in scale. 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. City Council Staff Report Attachment: Application for waiver questionnaire Page 2 14 June 1976 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 could be made by this action would be allowing up to 18 units per acre in four- plexes for this property. The property to the west and adjacent to this site already has been developed in a similar manner with 16.6 units per acre. If a rezone to R -3 is given with a limitation that no more than 16 units per acre be allowed, consistent with the emerging Comprehensive Land Use Plan, than it does not appear to staff that the allowance of such a rezone would have a major policy commitment prior to the adoption of the Land Use Plan Update. It would, however, provide an incremental increase to the concept that some multiple - family development should occur north of South 153rd Street. RECOMMENDATION: Staff is not concerned about any major policy commitments that a waiver to this rezone request would create. However, staff is concerned that the Planning Commission be allowed adequate time in dealing with the public hearing on the emerging land use map which it is presently involved in. For this reason, Staff recommends that the City Council grant this waiver request for a rezone, but that the Staff and applicant clearly understand that the actual rezone request is not to appear in a public hearing or for informational purposes before the Tukwila Planning Commission until they have .made their land use . map recommendations on the Comprehensive Plan to the Tukwila City Council. This recommendation allows more time for the Planning Commission to deal with the Comprehensive Planning Process they are presently involved in so they can concentrate more on the long range planning matters at this time, rather than being involved in the more short -term planning items and being distracted by them. CITY OF Tl1K4aILA APPLICATION FOR WAIVER From the Provisions of Resolution Number 489 (Please type or print) Date of Application: M.A ► t -j i 1 y Name of Applicant: jA■ ,J J x)1-1 ►J 5o 0 ; ,a i1 f' 1. Mailing Address: Cs 2. 1 v 153 City: To ,$) 1 Ownership Interest in Property: Legal Description of Property Affected: 14 L.I o ' L t, ;' ► d • 1 n) r fi:' i ,t: 6 ff t, ? / ' 1 0 0 l j 1 O Al 1 U 5 ) f � 1 1 1 t_ C l_ A C I f' i 1 U ti S I e n) / 1 ) ( 1 11 f !n` Ai i" /I fl , is ; iv i. 1 C � " 4 /) T i (' ,4 a r: a i'. O ! 7.) lJ i� L ,'i S G ( fl g✓1 t :'� 1 ) c, fi / eV U (t:..1 , 1 General Location of Property: fI ( - 1 1 Z D - 1 u ' &'i , Nc by t. LT 11 1 J !� N i) • r I 6;0 O v 0 > n n! 3 /1,J A (Jr A n) O N v K 1 r - 1 1. .State specifically the action in Resolution No. 489 Section 4 to which you are requesting a waiver: (,) oo z i) L ; r /9v e o )J r 5 ►1. f : oil) I /VT, :5 r W el G Cr . 4. 5 • A _•) /1 Q d o t,u ► ,0, ti: t • c.. ✓ l cl /• r 1 Zip: Phone: 2. Describe specifically the action you are proposing, including dimensional infor- mation about the development, site maps, etc., if available: ►" t G 0L64 ,u v Y i" (_ ; O!: q 1-) , 3 a ,vi .'1 �.. e- ►t C G ,1) , /1- LJ , r W f' r; r,o r a !l, ,r z /A N d I) C. u ► ?- L i c.) » 3 D,%) � > e F < 4-- n), N ( . R MAY 171976 g CITY OF TUKWILA W�. 0 k) R !� 0 lY J D f Ll /) /J j tI ..) N) A p 7 c', t)� J rit, r i 1 H LS /Jt y r i o [ f- i ( - et" -. Date Received Received by: C 1 i 44 own le Date scheduled before City Council: Action of City Council: Date of City Council Action: GJr" e 3 . What is your justification for your request: (Please refer to items 1- 4 on the cover sheet and respond to them. ' i E -I i S i ' Iv c.,) L 3 /l iI 1' i ,9 b p {. - F i■-• 7 ✓ hl 14 c_ 14 7/ • (for office use only) 4 . ) i 7 bi /3 u !.J t? :1 e- r.) L (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.): (Attach any. other information available which substantiates your request) V 7444c i / /914' (GD t{ wLwle) T LINE OF. le:. (..1:4. LI �, ; r ►� if :• n 1 7 (-7 AVE. E. O i, -7.43 L' S2• 4 g" i • tea► • . f.,. _� . • � 1-VE_ X ■ ■ row. ONINV ROBERT E. !EE . G. I), GOIUS M 11 }; ' almalb 146 2 4 ~� (330.640 r 331 ot ' 330 A T 7 !i . _ C ._ T_. A / D _ -� 1114- -mot — _____ -► cis ' c 2i 1 iE:= Elam l®I111II • /•) 1 .s lC �� 9 N ti - ' - a . i ®�� � L r r'r � t;; SUBSTITUTE RESOLUTION I•IO. 1. B e recedent setting. A RESOLUTION of the City Council of the City of Tukwila acknowledging that the Comprehensive Plan for the City of Tdkwila no longer reflects currently held values of the community in regard to planning and land use development; recognizing the necessity of establishing a new land use policy plan or comprehensive plan; and declaring a proposed interim policy. WHEREAS, EAS, the comprehensive plan still in existence for the City of Tukwila was adopted prior to the enactment of the Washington State Environmental Policy Act and City of Tukwila Ordinance No. 759 relating to environmental policy, and; WHEREAS, it is clear that the comprehensive plan for the City of Tukwila no longer entirely reflects currently held values of the community, its legislative body or the currently recognized state of the art of planning and community development, and WHEREAS, it is necessary, as well as required, by the State Environmental Policy Act to review the land use plans and planning processes of the City of Tukwila to assure that the land use plan, its goals and policies are consistent with the mandate of the Environmental Policy Act and the currently held values of the total community; NOW, THEREFORE, BE IT RESOLVED by the Tukwila City Council as. follows: Section 1: The City Council finds that the present comprehensive plan which indicates public land use policy is no longer adequate to provide guidance for future decision making and land use management. Section 2: The City Council further finds that such plan is not related to clearly established goals and objectives for community development, nor is there • present consensus or understanding about the consequences of development actions • based on such plan. Section 3: The City Council directs that all segments of the city, includ- ing the City Council, its advisory bodies and the administration work together toward the identification and establishment of goals and policies consistent with the environ - mental mandate contained in the Environmental Policy Act, and with the currently held values of the community in order that a new land use plan may be prepared and adopted for the City of Tukwila. Section 4: The City Council further declares that until such time as a new land use policy plan can be prepared and adopted, the following actions are found to be those which current land use do not adequately address with standards and criteria. There is not sufficient understanding and consensus of the consequences of such actions upon present community values and future goals and resources. Therefore the City Council directs that no application requesting a ,iy of the following actions shall be accepted or processed by the City unt8l completion and adoption of a new land use policy plan: A. Any rezone application, except a rezone from one single family residential classification to another single family residential classification. B. Comprehensive Land"Use Plan amendments. C. Those land use actions which, _subsequent__to the preparation of an Environmental Assessment or Environmental Impact Statement pursuant to the State Environmental Policy Act are found by the City Council to: 2. Contain significant environmental impacts which will not be mitigated. • D. Proposa =a° for grading, clearing, e_:.ca ,.-aon or filling which tee: • 1. Located in an area with average slopes in excess of 25;1. Section 5: Any proponent sponsor for an action identified in Section 4 above may appeal the provisions of this policy to the City Council and present evidence or other materials or findings to request a waiver of the provisions of this policy. Upon appeal, the city Planning Department shall recommend, and the City Council shall decide whether to permit an application to be filed and processed with the appropriate city department or departments. The City Council will at such time consider only the question of whether or not there should be a waiver of the policy herein adopted. Such action by the City Council shall in no WV prejudge the substantive merits of the proposed action. If it is determined necessary or advisable, the City Council may conduct a public hearing prior to reaching a decision on any waiver. request as to the provisions of this resolution. Notice for a public hearing shall be given at the applicant's expense in a manner prescribed by Chapter 18.92 of the Tukwila Municipal Code, Ordinance 251, as amended. ) Section 6: The City Clerk is directed to file a cony of the resolution with every department and advisory or administrative board for the City of Tukwila. Section 7: This resolution and the policy herein adopted shall be brought before the City Council for its review and reconsideration at the first regular council meeting. in July, 1976• Section 8i This resolution becomes effective thirty (30) days after passage, Any application for a building permit on file with the City 30 days subsequent to passage of this resolution is exempt from the provisions of this policy. PASSED BY THE CITY COUNCIL 41A 0THE CITY OP TU WILA, WASHINGTON, at a regular . ' . meeting thereof, this. day of /. �/4.,� 1975 AT�T: 'Cit 2. Located in a geographical area identified by governmental or quasi - governmental agencies as having: (a) Naturally unstable, unstable when modified, or in areas of known landslides. (b) Areas which serve to naturally detain significant amounts of storm water run-off. 3. Served by inadequate water, sewer, storm drainage or trans- portation systems unless such action proposes the improve- - ment of any deficient system to minimum city standards and at the expense of the private sponsor. 2 Mayor Date .Approved (Not approved by the Mayor,) City of Tukwila Notice to Applicants for a Rezone, Comprehensive Plan Amendment, Actions with significant negative environmental impacts, or development in areas of natural hazards. Resolution No. 489 Interim Land Use Council Directive: ( August 18, 1975 Summary: Resolution No. 489 of the City of Tukwila directs that no applications for a rezone or comprehensive plan amendment shall be accepted or processed by the City until a new Land Use Policy Plan is completed and adopted. This also applies to certain actions which are precedent setting, have signi- ficant negative environmental effects or in areas of natural limitations. Section 4 of the attached resolution specifies which actions are affected. Duration: This resolution will be effective until the first regular council meeting in July, 1976, after which the City Council will consider the extension or repeal of its provisions. Should a new comprehensive plan be adopted prior to this date, the resolution will automatically be void. Waiver: Provisions are included in Section 5 of the resolution for an.applicant to request a waiver upon the showing of facts and other evidence as specified in forms available from the City. Procedure: Attached is an application form to request a waiver of the provisions of this resolution. The City Council will review your request pursuant to Section 5 of Resolution No. 489. Prior to being presented to the City Council, the Planning Department will prepare a staff report with a recommendation based on an analysis of the following type of criteria: 1. Is the proposed action consistent with the presently emerging Land Use Policy Plan? 2. Does the proposed action represent a unique condition which is insignificant in scale and to which no other apparent alternatives are reasonable? 3. If the request for waiverinvolves grading, excavation, filling or development in geographical areas identified as having potential natural limitations for development, are mitigating measures provided? 4. 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