HomeMy WebLinkAboutPermit L03-074 - TUKWILA SCHOOL DISTRICT - CARGO CONTAINERS SPECIAL PERMISSIONS CENTRAL SCHOOL DIST 406
4140 S 144 STREET
FILE NUMBER:
APPLICANT:
PROPERTY OWNER:
REQUEST:
LOCATION:
ASSOCIATED
PERMITS:
SEPA
DETERMINATION:
COMPREHENSIVE PLAN
DESIGNATION:
ZONE DESIGNATION:
STAFF:
City of Tukwila
Department of Community Development
NOTICE OF DECISION
PREPARED November 15, 2004
L03 -074 Special Permission from the Director
Tukwila School District
Tukwila School District
Requests approval from the Director to locate two cargo containers at
Showalter Middle School.
4140 S. 144 Street
None
Exempt
Low Density Residential (LDR)
Low Density Residential (LDR)
Brandon J. Miles, Assistant Planner
Steven M. Mullet, Mayor
Steve Lancaster, Director
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665
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FINDINGS
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The Tukwila School District seeks permission to grandfather two existing cargo containers at w O .
Showalter Middle School. The cargo containers are 40 -feet in length and will are located next to an
existing maintenance building. 5
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Existing Development = CI
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The property is currently used as a middle school with associated parking and sports fields.
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Surrounding Land Uses uj
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Tukwila Municipal Code (TMC) 18.50.060 (B) allows cargo containers to be used in the LDR zone for Z F-.
institutional uses. All cargo containers must comply with criteria detailed in Section 18.50.060 of the Tukwila
Municipal Code and be approved as a Type II application:
Surrounding land uses include: to the west Foster High School and associated School Stadium; to the
south single- family homes, a drug rehabilitation center, and S. l44` Street; to the east the
Administrative building for the Tukwila School District; and additional single family homes are
located to the north.
SPECIAL PERMISSION CRITERIA
I) Only two cargo containers will be allowed per lot, maximum length 40 feet.
The two cargo containers are 40 feet in length and eight feet in width.
2) The container is located to minimize the visual impact to adjacent properties, parks, trials and
rights-of-way as determined by the Director.
The cargo containers have been placed adjacent to an existing maintenance building. The building
screens the cargo containers from view from S. 144 Street.
3) The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -
of -way, as determined by the Director. Screening may be a combination of solid fencing,
landscaping, or the placement of the cargo containers behind, between or within buildings.
The applicant is not proposing to install any additional landscaping to screen the cargo containers
from view from adjacent properties. Given the large size of the parcel where the containers are locate,
the containers will not been seen from adjacent property owners to the east and north. The property to
the west is owned by the Tukwila School District, thus there is no need to require screening on the
west side of the cargo container.
As noted, the cargo containers have been placed adjacent to an existing maintenance building. The
building screens the containers from view from S. 144` Street.
4) If located adjacent to a building, the cargo container roust be painted to thatch the buildings
color.
The cargo containers have been painted to match the color of the adjacent maintenance building.
S) Cargo containers may not occupy any required off - street parking spaces.
The containers will not be occupying any off - street parking spaces.
6). Cargo containers shall meet all setback requirements from the zone.
The setback requirement for the LDR District are as follows:
Front: 20 feet
Second Front: Ten feet
Sides: Five feet
Rear Five feet
The proposed cargo container will meet all setbacks for the district.
7) Outdoor cargo containers may not be refrigerated.
The applicant is not proposing to have a refrigerated unit.
8) Outdoor cargo containers may not be stacked.
The applicant has not proposed to stack the two cargo containers.
CONDITIONS
1. The cargo container cannot be used for human occupancy.
2. Items stored in the container cannot be hazardous or flammable.
CONCLUSIONS
1. The zoning for the property allows the location of a cargo container.
2. The proposed project meets the performance standards that are required in LDR zone.
3. The proposed location of the cargo container will not have a negative visual impact on surrounding
properties.
APPEALS
This decision may be appealed to the Hearing Examiner within 14 days from the issuance of this
Notice of Decision. All appeal material must be submitted to the Department of Community
Development. If you wish to appeal this decision, please call the Department of Community
Development at (206) 431 -3670 to obtain a copy of appeal procedures.
Nora Gierloff, Planning Sup visor
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January 2, 2004
City of Tukwila
Permitting Office
Dear Sir
Sincerely
Bill Van De Bog&
Business Manager
Tukwila School District
Tukwila School District #406
4640 South 144th Street • Tukwila, Washington 98168 • Phone 206 - 901 -8000 • Fax 206 - 901 -8016
The Tukwila School District has applied for a permit to house two storage containers next
to the maintenance shop adjacent to Showalter Middle School. The storage buildings
contain tools, surplus equipment and emergency earthquake supplies, blankets, picks,
shovels, etc, and to store some bathroom supplies like paper towels.
If you have any questions feel free to contact me at anytime. 206 - 901 -8003
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December 18, 2003
Mr. Bill Van De Bogert
Tukwila School District
4640 S. 144
Tukwila, WA 98168
NOTICE OF COMPLETE APPLICATION
Re: Notice of complete application; L03 -074
Dear Ms Evans:
The Department of Community Development received your request for special permission from the
Director to install two cargo containers on December 15, 2003. The cargo containers would located
at 4140 S. 144 Street near an existing maintenance shed.
Based on a review of your application for submittal requirements for Special Permission from
the Director for a Cargo Container, your application was deemed complete on December 18,
2003
Your application has been routed to other City Departments for their review and approval.
This determination of complete application does not preclude the ability of the City to require that
you submit additional plans or information, if such information is necessary to ensure the project
meets the substantive requirements of the City or to complete the review process.
If you have any questions, you can contact me at (206) 431 -3670 or by email at
milesb @ci.tukwila.wa.us.
Sincerely,
Brandon J. Miles
Assistant Planner
cc. File (L03 -074)
Ciz of Tukwila
Department of Community Development. Steve Lancaster, Director
Notice of Zoning Code Violation
December 8, 2003
You are receiving this notice because we believe that you have one or more containers on your
Tukwila property that are being used for storage. If this is not the case please call so that we can
inspect the site and remove you from our list.
After considering the issue for a year the Tukwila City Council has adopted regulations that limit
the use of cargo or shipping containers for storage in Tukwila's residential and commercial areas.
Truck/tractor trailers have been prohibited from parking in residential zones since 1997. The
Council has taken . this action in response to citizen complaints about rusting and unsightly
containers, primarily in residential areas. Industrial zones and businesses using the containers for
the transportation of freight are exempt from the new regulations.
Previously, the City notified you that the cargo container on your property must receive a special
permission permit or be removed. The City gave you approximately one year to either obtain the
permit or remove the container.
The City has not issued a permit for the property and the cargo container is still present. You are
hereby informed that you are in violation of City Code.
The cargo container on your property must be removed. You have 15 -days from the date of
this notification to remove the container. Failure to remove the container will result in a Notice
of Violation being issued which may include a fine of $500 per day per violation.
Under the new regulations:
• All existing containers in residential or commercial areas had to be removed or granted a
special permission permit by April 15, 2003. Only containers permitted before April 15,
2003 are eligible for grandfathering.
• All new containers in residential and commercial areas will be required to have an
approved permit before being installed.
• In residential areas new cargo containers will only be allowed for institutional uses such
as schools, food banks and hospitals and they are limited to 30 feet in length.
• Containers are still allowed on construction sites in all areas for temporary storage of
materials and equipment.
For additional details about the rules call Brandon J. Miles in the Department of Community
Development, (206) 431 -3670.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 - 3670 • Fax: 206 - 431 - 3665
Steven M. Mullet, Mayor
,Check items'
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Information;Rei ed May.`be- waived in unusual;cases, upoi proval. Work .
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Regulations.
SENSITIVE AREA ORDINANCE DEVIATIONS
11. Site Plan – two (2) copies showing all buildings, parking areas, walkways, property lines,
planting areas, sensitive areas, their buffers and setbacks.
12. Sensitive area studies and enhancement plans to justify a requested buffer or setback
reduction and demonstrate that the reduction will not result in a direct or indirect short -term
or long -term adverse impact to the sensitive area.
SIGN CODE APPROVAL/DEVIATION
13. Complete "Permanent Sign Permit Application" with all supporting materials and fees
($50).
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14. The following information should be given on the plans:
North arrow, title, scale and date;
Vicinity map showing location and names of adjacent roads;
Property lines;
Locations of all buildings on site;
Dimensioned elevations of building drawn to scale (for wall signs);
Elevations, dimensions and materials of proposed sign(s) including advertising copy; c.'---.....--.
Color elevation of proposed sign.
CARGO CONTAINER APPROVAL
15. Site plan showing the location of the container(s) in relationship to parking areas, property
lines, buildings, streets, trails, landscape areas and setbacks.
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16. Description of the proposed screening.
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17. Dimensions of proposed cargo container.
P:1Red Book\SPD APP.DOC, 04 /15/03
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❑ In the single family zone (LDR): signs for all conditional uses and public facilities (TMC
19.32.080);
❑ In multi - family zones where signs face multi - family, commercial and industrial zones: signs
of conditionally permitted uses, all public facilities and freestanding signs (TMC
19.32.100).
In Commercial and Industrial (TMC 19.32.170) Zones:
❑ Signs of conditionally permitted uses, all public facilities and all free - standing signs, that
abut or face single family zones (TMC 19.32.120) and multi - family zones (TMC
19.32.130);
❑ Any multi -tenant office building sign which has over 50% of the total allowed wall sign
area (TMC 19.32.140(B)(4));
❑ A 50% increase in wall sign area for each doubling of the Zoning Code maximum building
setback up to 6% of the wall area upon which the sign will be mounted up to a maximum of
500 sq. ft. (TMC 19.32.140(A)(2) and (C)).
Shopping Mall business wall signs (TMC 19.32.150(A)):
❑ To allow one wall sign to have more than 50% of the business's total allowable sign area in
one sign.
❑ To allow one freestanding sign to have more than 50% of the site's total allowable sign area
in one sign.
CARGO CONTAINERS
Approval criteria for cargo containers to be installed in the LDR, MDR, and HDR zones for
institutional uses and in the RC, RCM, TUC or C/LI zones for permitted or conditional uses:
❑ Only two cargo containers will be allowed per lot, maximum length 30 feet.
❑ The container is located to minimize the visual impact to adjacent properties, parks, trails and
rights -of -way as determined by the Director.
The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -
of -way, as determined by the Director. Screening may be a combination of solid fencing,
landscaping, or the placement of the cargo containers behind, between or within buildings.
If located adjacent to a building, the cargo container must be painted to match the building's
color.
N`LI Cargo containers may not occupy any required off -street parking spaces.
`E] Cargo containers shall meet all setback requirements for the zone.
Outdoor cargo containers may not be refrigerated.
❑ Outdoor cargo containers may not be stacked.
P: Red Book\SPD APP.DOC, 04/15/03
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In December of 2003, the Tukwila School District submitted an application to the City to z
allow for two cargo containers to remain at Showalter Middle School.
November 17, 2004
Mr. Bill Van De Bogert
Tukwila School District
4640 S. 144 St.
Tukwila, WA 98168
RE: Cargo Containers as Showalter Middle School
Dear Bill,
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
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The application the School District submitted was for two 40 -foot containers. The City's z
regulations regarding cargo containers only allowed for cargo containers to be 30 -feet in
length. The City Council anticipated this scenario and provided a grandfathering period for
existing cargo containers to be permitted, regardless if they met the length restriction.
However, the grandfathering period ended on April 15, 2003 and the School District did not
submit their application until December of 2003, seven months later. The City had provided
notification to the School District regarding the need to obtain the required permit early in
the one -year grace period.
The School District failed to submit an application by April 15, 2003 deadline. Therefore
under City Code, the Cargo Containers at Showalter could not remain and would have to be
removed or replaced with 30 -foot containers.
Instead of denying the application and ordering the removal of the containers, which the
City had the ability to do, Planning Staff decided to initiate a minor code amendment
increasing the maximum length of cargo containers from 30 -feet to 40 -feet.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
On Monday, November I, 2004, the City Council adopted a new ordinance which allows
for cargo containers to be 40 -feet in length. The City promptly approved the District's
pending application.
Enclosed you will find the Notice of Decision allowing for the two cargo containers at
Showalter Middle School to remain on the site.
If you have any questions, please call (206) 431 -3684 or send an email to
bmiles ci.tulcwila.wa.us.
Sincerely,
ran" don J.
Assistant Planner
cc. File (L03 -074)
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STATE OF WASHINGTON
ss
COUNTY OF KING
The undersigned being duly sworn and upon oath states as follows:
I. I am the current owner of the property which is the subject of this application.
2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my
knowledge.
3. The application is being submitted with my knowledge and consent.
4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real
property, located at it L tI a 6 . 1 I-)
for the purpose of application review, for the limited time necessary to complete that purpose.
5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the
City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City.
6. The City shall, at its discretion , cancel the application without refund of fees, if the applicant does not respond to specific requests for
items on the "Complete Application Checklist" within ninety (90) days.
7. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without
refund of fees.
EXECUTED at T S D (city), VAN (state), on D.C. ) '� do?j ,
Sox V4r 3act
(Print Name)
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On this day personally appeared before me DEA, ) 5 Q?c r,3 to me known to be the individual who executed
the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes
mentioned therein.
SUBSCRIBED AND SWORN TO BEFORE ME ON T 15 DAY OFC' e-+ 20 O
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E -mail: tukplan a,ci.tukwila.wa.us
AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
(Address) (9
.D.' 901 X 00`3
(Phone Number)
(Signature)
N AR
UBLIC in an • • • State of Washington
G ` e .,013511
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residing at F- -c C.)oe.,
My Commission expires on OCtO' QS '& , 2..0 0 1
FOR STAFF USE ONLY Sierra Type: P -SP
Planner:
File Number:
Application Complete (Date:
)
Project File Number:
Application Incomplete (Date:
)
Other File Numbers:
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E -mail: tukplan@ci.tukwila.wa.us
APPLICATION
NAME OF PROJECT/DEVELOPMENT:
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and
subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS.
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Quarter: Section: Township: Range:
(This information may be found on your tax statement.)
Phone: Dol, 0101 4.003
Signature: ?)
P:Uted Book4SPD APP.DOC.04 /15/03
SPECIAL
PERMISSION
DIRECTOR
DEVELOPMENT COORDINATOR :
The individual who:
• has decision making authority on behalf of the applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping development
standards, and
• is the primary contact with the City, to whom all notices and reports will be sent.
Name: , t 1 V&A. t i ., � 6Ll�' DI`Avid
Address: 4 S/cp , 1 1 -1 a1 13' S •
FAX:
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Date: t `cZ i 101 o'�i
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Tukwila School District #406
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:: 04. • 1/41 4640 South 144th Street • Tukwila, Washington 98168 • Phone 206-901-8000 • Fax 206-901-8016
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