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Home My WebLink AboutPermit L04-003 - SWINDELL GEORGE / NAPA AUTO PARTS - SPECIAL PERMISSION CARGO CONTAINERGEORGE SWINDELL 14013 TIB L04 -003 FILE NUMBER: APPICANT: OWNER: REQUEST: LOCATION: Existing Development Department of Community Development Steve Lancaster, Director ASSOCIATED None PERMITS: SEPA DETERMINATION: Exempt COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial Center (NCC) ZONE DESIGNATION: Neighborhood Commercial Center (NCC) STAFF: Brandon J. Miles, Assistant Planner FINDINGS: Vicinity /Site Information Project Description NAPA Auto Parts seeks Special Permission from the Director to install an 8' by 19' cargo container at their commercial building located at 14013 Tukwila International Boulevard. The property is currently zoned Neighborhood Commercial Center (NCC) and is used for commercial operations. Surrounding Land Uses Surrounding land uses include commercial business and residences. ■•• Notice of Decision Prepared April 29, 2004 L04 -003 George Swindells for NAPA Auto Parts Graverson CL Place of cargo container that will be used for storage 14013 Tukwila International Blvd Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 SPECIAL PERMISSION CRITERIA Cargo containers are permitted in the following commercial zones after receiving Special Permission from the Director: Regional Commercial, Regional Commercial Mixed Use, Tukwila Urban Center, and Commercial/Light Industrial. CONCLUSION The property is currently zoned Neighborhood Commercial Center, which does not permit the placement of new cargo containers. Property owners with existing cargo containers in zones that would not permit new containers were given between April 15, 2002 and April 15, 2003, to submit an application to the city and show compliance with Section 18.50.060 of the TMC, which would have allowed them to be vested non - conforming. On July 5, 2002, the property owner and NAPA Auto Parts were sent a notice from staff, a copy of the ordinance, and an application to apply, which would have allowed the cargo container to be legally non - conforming. An application was not submitted to the City by the April 15, 2003 deadline. Since NAPA failed to submit the necessary application by the April 15, 2003, they have lost the right to be considered grandfathered, thus the pending application must be denied. APPEALS This decision may be appealed to the Hearing Examiner within 14 -days from issuance of this Notice of Decision (04/29/2004). Appeal Materials shall include: -c4 '11-2 9 � Nora Gierloff, Planning ervisor Date 1. The name of the appealing party. 2. The address and phone number of the appealing party, and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. The Notice of Appeal shall state specific errors of fact or error in application of the law in the decision being appealed; the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues in the Notice of Appeal. OMP THIS SECTION items 1, 2, and 3. Also complete estricted Delivery is desired. name and address on the reverse can return the card to you. card to the back of the mailpiece, rant if space permits. tssed to: ,windells uto Parts 180 St. k 98032 sr 1 service label) 1, August 2001 Domestic Return Receipt Postage Certified Fee Return Redept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street Apt No.. ,tPOBarNo. Xty, State, ZIP S : F o rm .380 George Swindells NAPA Auto Parts 8441 So. 180 St. Kent, WA 98032 COMPLETE THIS SECTION ON DELIVERY A. Sig , na Receive by ( nted Name D. Is delivery lidress differ from item If YES, enter delivery adclress below: 1 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 7002 2410 0004 6341 3274 U Postal , Service S RTIFIED MAIL1, Tr� GE RECEIP : (Domestic Mail Only; No lnsurange Coverage Provided) 'For''delivery information Visit our website at www.usps.com Postmark Here ❑ Agent ❑ Addressee gate o Deliv u es ❑ No ❑ Yes 102595.02 - M - 1035 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. is Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Bob Wright Store Manager 14013 Tukwila Internat Tukwila, WA 98168 2. Article Number (Transfer from service label) - PS Form 3811, August 2001 sent To jPS Form3800 street Apt No.; or PO Box No. Domestic Return Receipt 0 B. Received by (Prin D. Is delivery addres differed( from item 1? ❑ Yes If YES, enter delive4 below: ❑ No 3. Service Type ified Mail Registered ❑ Insured Mail t � v9C+P'1 411 4. Restricted Delivery? (Extra Fee) 7002 2410 0004 6341 3281 U.S. Postal ServiceTM ;CERTIFIED, MAILTM RECEI (Domestic Mail Only; No Insurance Coverage Provided) visit at www.usps.com® Bob Wright Store Manager 14013 Tukwila International Blvd. City, State, ZlPs Tukwila, WA 98168 C. Date of Delivery ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. ❑ Yes 102595.02 -M -1035 Mr. George Swindells 8441 S. 180 St. Kent, WA 98032 Dear Mr. Swindells: fte RE: Cargo Container Placement, Permit L04 -003 Department of Community Development Steve Lancaster, Director On January 14, 2004, the City received your application to locate a cargo container on your property at 14013 Tukwila International Boulevard. On February 5, 2004, the application was deemed complete for the necessary submittal information to begin review of the application. The property at the address in question is currently zoned, Neighborhood Commercial Center (NCC). The NCC zoning does not allow cargo containers to be used as accessory structures. In July of 2002, the City notified the property owner of the property in question and sent a notification to the NAPA business itself informing both parties that if the current cargo container is to remain on the property an application must be submitted to the City by April 15, 2003. If an application had been submitted by April 15, 2003, the cargo container could have been considered vested non - conforming and allowed to remain, provided that other design standards are met, such as landscaping and setbacks. Since NAPA's application was submitted after the April 15, 2003 deadline, the application cannot be approved and the cargo container must be removed. Since you have a pending land -use application you have the following options: 1. Withdraw the pending application and the City will issue you a refund for the permit application fee that was submitted to the City. The cargo container will have to be removed or the City will begin enforcement actions to order the container removed. Or; 2. You can proceed with the land -use application, staff will have to deny the application and you can appeal staff's decision to the Hearing Examiner. Please inform the City of your wishes within 14 -day from the date of this letter (2/25/2004). If you have any questions, please call (206) 431 -3684 or send an email to bmiles @ci.tukwila.wa.us. er r randon J. , files 7 Assistant • anner cc. L04 -003 Steven M Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 FOR STAFF USE ONLY Sierra Type: P-SF �,� 7 Planner: File Number: L..-j � EC J R►�IVED Application Complete (Date: ) Project File Number: �J" Application Incomplete (Date: ) Other File Numbers: 4 1004 cOMMtih p r 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: N S�?J'ts 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. /ya /3 pfict4 tom/ S -- r( 4 k+ to- L ,f9- ?t163 Quarter: Section: Township: Range: (This information may be found on your tax statement.) SPECIAL PERMISSION DIRECTOR W ANDUSE.APPISPD.doc, 09 /11/03 Soo 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: Cs tc 2 Sw Iv` ote 1 i 1 \ Address: ys t \`-\ 1 S � I�eti. f'�— 4a 3A Phone: -v S — S t - R(Dc)0 FAX: 1 - \?.5 - ` S I - 9� 5 E -mail: Signature: Date: CITY OF TUKWILA Department of Communkt Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E tukplan AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss COUNTY OF !LING The undersigned being duly sworn and upon oath states as follows: 1. 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 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 (city), (state), on (Print Name) (Address) (Phone Number) (Signature) On this day personally appeared before me 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 THIS DAY OF 20 NOTARY PUBLIC in and for the State Washington residing at My Commission expires on `Check ;items �� f Su, bntl�ted In formation Require e waived in unusual cases, upon ap, roval of both Pu c Wry and P lannurg ap APPLICATION MATERIALS: 1. Application Checklist one (1) copy, indicating items submitted with application. 2. Permit Fee (LDR = $200, Other zones = $300). 3. Written description of the project, the deviation being requested and response to the applicable decision criteria. ZONING CODE PARKING DEVIATION 4. A complete description of the proposed construction relative to parking areas, and all supporting agreements. 5. Dimensional site plan(s) to demonstrate parking area consistent with Zoning Code requirements. 6. Parking studies as needed to demonstrate adequate parking is provided. LANDSCAPE DEVIATION 7. Landscape plan — two (2) copies showing size and species of existing and proposed plant materials, required perimeter landscape types, parking areas, buildings, walkways, transit facilities, property lines, dimensions and area of planting beds and any calculations necessary to demonstrate compliance with review criteria. TREE REGULATION DEVIATION 8. Tree survey showing size and species of existing trees, with trees to be removed and trees to be retained noted (unless request is for use of canopy cover method) 9. Tree replacement calculations per TMC 18.54.130.3 B or canopy cover calculations per TMC 18.54.140 B. 10. Description of the nature of the undue hardship caused by strict compliance with the Tree Regulations, proposed mitigation measures and justification for the deviation from Tree * --(1. /77 r\ 9_66o P:1Red APP.DOC, 04/15/03 Y2da Department staff are available to answer questions about application materials at 206 - 431 -36 COMPLETE APPLICATION CHECKLIST TABLE COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact the Department if you feel that certain items are not applicable to your project and should be waived, or should be submitted in a later timely manner for use at the Public Hearing (e.g., revised colored renderings). Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow starting project review and vesting the applicant's rights. owever, they in no way limit the City's ability to require additional information as needed to establish consistency - velopment standards. bec ' m � S t y? w, '`23 fs ntld�r q 'e`d ` rB, wa e l in un ual s, u on r r v hof o h ubli r ` � ':-+ • h �E ♦��-' "Y ✓ �"� �y' d $ � ��m�w� 4'ya..€ A ,�r;a � � k G _ 4 / ,� e'. 3 �� FI S f's i n`: a" S iX L "Lid '➢� -, h /r# 2 '? F � b.'A _� 'F ,fSy�' -v ':.'o '� e� „as§ 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. r .. 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). 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; o . - . on 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. 16. Description of the proposed screening. L/ 17. Dimensions of proposed cargo container. / 9' Vt R 1 RS P:Vted Book1SPD_APP.DOC, 04/I5103 a ew 4ra■1 0I Nun