HomeMy WebLinkAboutPermit L04-041 - CITY OF TUKWILA - CARGO CONTAINERS CODE AMENDMENTSPLANNING STAFF
ZONING CODE AMENDMENTS
COMPREHENSIVE PLAN AMENDMENT
COMPREHENISVE LAND USE AMENDMENT
Re: CARGO CONTAINERS
CITY WIDE
104 -041
City of Tukwila
Department of Community Development Steve Lancaster, Director
STAFF REPORT TO THE PLANNING COMMISSION
PREPARED July 15, 2004
HEARING DATE: July 22, 2004
NOTIFICATION: Notification in the Seattle Times was published on Thursday, July
8, 2004
FILE NUMBER: L04 -041
APPLICANT: City of Tukwila
REQUEST: Code Amendment to TMC 18.50 "Supplemental Development
Standards" and TMC 18.104 "Permit Application Types and
Procedures ".
LOCATION: City Wide
ASSOCIATED
PERMITS: None
SEPA
DETERMINATION: Issued February 21, 2001
STAFF:
ATTACHMENTS:
A. Draft Ordinance
PROPOSED CODE AMENDMENT:
Brandon J. Miles, Assistant Planner
• Increase the maximum length restriction for cargo container from 30 feet to
no greater than 40 feet.
• Allow the Hearing Examiner to hear any appeals of a Type II Decision
regarding placement of Cargo Containers ZONING CODE AMENDMENTS COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN AMENDMENT
Steven M Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
BACKGROUND
Staff Report to the Planning Commission L04 -041
Cargo Containers
Page 2 of 3
The criteria for approval of the special permission are listed below:
In April of 2002, the City Council adopted Ordinance Number 1989, which regulated the
use of cargo containers as accessory structures within in the City.
Cargo Containers were allowed outright in the Light Industrial (LI), Heavy Industrial
(HI), Manufacturing Industrial Center/Light (MIC/L), Manufacturing Industrial
Center/Heavy (MIC/H), and Tukwila Valley South (TVS) zoning districts.
New cargo containers may be allowed as accessory to institutional uses (schools,
churches, food banks, etc) in the following residential zones, Low Density Residential
(LDR), Medium Density Residential (MDR), and High Density Residential (HDR).
Cargo Containers may be permitted in the Regional Commercial (RC), Regional
Commercial Mixed Use (RCM), Tukwila Urban Center (TUC), and Commercial/Light
Industrial (C/LI) as accessories for any permitted or conditional use. All new containers
in these zones are subject to a Type II special permission decision and the restrictions in
the various zoning districts.
1. Only two cargo containers will be allowed per lot, maximum length 30 feet.
2. The container is located to minimize the visual impacts to adjacent properties, parks,
trails, and rights -of -way as determined by the Director.
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 even the placement of cargo containers behind,
between or, within buildings.
4. If located adjacent to a building a cargo container must be painted to match the
building's color.
5. Cargo Containers may not occupy any required off- street parking spaces. Cargo
Containers shall meet all setback requirements for the zone.
The Ordinance also established a one -year compliance period for cargo container that were in
place prior to the adoption of the new regulations. Property owners and/or tenants were given
until April 15, 2003 to submit for Special Permission from the Director and meet the placement,
screening and setback requirements or remove the cargo container.
Planning Staff and the Planning Commission had originally proposed to Council that the length
restriction for cargo containers be 40 feet. When the City Council passed Ordinance 1989 they
subsequently amended the length restriction to 30 feet.
After the one -year compliance period ended, two new cargo container applications were
2
Staff Report to the Planning Commission L04 -041
Cargo Containers
Page 3 of 3
submitted for cargo containers that were placed on site prior to the adoption of Ordinance 1989.
These cargo containers meet the placement, screening and setback requirements of TMC
18.50.060, yet they do not meet the length restriction of 30 feet, both containers are 40 feet in
length.
It does not seem necessary to have a length restriction on a cargo container when the cargo
container meets are the screening requirements laid out in TMC 18.50.060.
Ordinance 1989 and existing City Code do provide clear language on how appeals of Type II
Applications regarding placement of Cargo Containers should be handled. Staff did deny one
application to place a cargo container in a zone where they are not permitted. The applicant did
file an appeal and staff, with input from the City Attorney's Office, concluded that the Hearing
Examiner should hear the appeal.
Staff also denied another application because the applicant did not meet the screening
requirements in TMC 18.50.060 and never provided staff a plan on how the screening
requirements could be met. This applicant did not file an appeal and removed the cargo
container.
Staff recommends that the Hearing Examiner by the appeal body for all future appeals of cargo
container applications. These appeals are similar to variance requests and appeals code
interruptions, both of which are heard by the Hearing Examiner.
Recommendation
Staff asks that the Planning Commission recommended to the City Council that the attached
ordinance be approved.
3
Cargo 10/29/04 Page 1 of 5
City of Tukwila
Washington //--
Ordinance No. 2 0 V)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1989 §9, AS CODIFIED
AT TUKWILA MUNICIPAL CODE (TMC) 8.50.060, INCREASING THE
MAXIMUM PERMITTED LENGTH OF CARGO CONTAINERS TO 40
FEET; AMENDING ORDINANCE NOS. 1768 §2 (PART), 1796 §3 (PART),
1847 §2, 1857 §7, AND 2005 §20, AS CODIFIED AT TMC 18.104.010,
ALLOWING THE HEARING EXAMINER TO HEAR APPEALS
REGARDING PLACEMENT OF CARGO CONTAINERS, CLASSIFIED AS
A TYPE II DECISION; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila's development regulations may be reviewed and updated as
appropriate; and
WHEREAS, in 2002 the City of Tukwila adopted development regulations to
regulate the use of cargo containers and shipping containers on residential and certain
commercial properties; and
WHEREAS, the City established a maximum length restriction of 30 feet for cargo
containers and shipping containers within residential zones and certain commercial
zones; and
WHEREAS, the City has found that cargo containers and shipping containers tend
to be largely available in lengths of 40 feet; and
WHEREAS, the City wishes to clarify which hearing body is responsible for
hearing appeals on land use actions made by the Director of Community Development
regarding the placement of cargo containers; and
WHEREAS, appeals regarding decisions of placing cargo containers or shipping
containers can appropriately be handled by the City's Hearing Examiner; and
WHEREAS, the City of Tukwila Planning Commission has recommended the
adoption of certain Zoning Code requirements; and
WHEREAS, after proper notice, the Planning Commission held a public hearing on
the proposed amendments on July 22, 2004; and
WHEREAS, the City Council, after having received and studied staff analysis and
comments from members of the public, believes that certain amendments to the City's
development regulations are necessary;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1989 §9, as codified in TMC Chapter 18.50,
"Supplemental Development Standards ", is hereby amended to read as follows:
feet.
Cargo 10/29/04 Page 2 of 5
18.50.060 Cargo containers as accessory structures.
A. Cargo containers are allowed outright in the LI, HI, MIC /L, MIC /H and TVS
zones, subject to building setbacks.
B. New containers may be allowed as accessory structures in LDR, MDR, and
HDR, for institutional uses and in RC, RCM, TUC and C /LI for any permitted or
conditional use. All new containers are subject to a Type 2 special permission decision
and the restrictions in the various zoning districts.
C. Criteria for approval are as follows:
1. Only two cargo containers will be allowed per lot, maximum length of 40
2. The container is located to minimize the visual impact to adjacent
properties, parks, trails and rights -of -way as determined by the Director.
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.
4. If located adjacent to a building, the cargo container must be painted to
match the building's color.
5. Cargo containers may not occupy any required off -street parking spaces.
6. Cargo containers shall meet all setback requirements for the zone.
7. Outdoor cargo containers may not be refrigerated.
8. Outdoor cargo containers may not be stacked.
D. Licensed and bonded contractors may use cargo containers in any zone for
temporary storage of equipment and /or materials at a construction site during
construction that is authorized by a City building permit
Section 2. Ordinance Nos. 1768 §2 (part), 1796 §3 (part), 1847 §2, 1857 §7, and 2005
§20, as codified at TMC 18.104.010, "Permit Application Types and Procedures ", are
hereby amended to read as follows:
18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the degree of
discretion associated with each decision, as set forth in this section. Procedures for the
five different types are distinguished according to who makes the decision, whether
public notice is required, whether a public meeting and /or a public hearing is required
before a decision is made, and whether administrative appeals are provided.
B. Type 1 decisions are made by City administrators who have technical expertise
as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner
who will hold a closed record appeal hearing based on the information presented to the
City administrator who made the decision. Public notice is not required for Type 1
decisions or for the appeals of those decisions.
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(open record appeal)
Administrative Design
Review (TMC
18.60.030)
Community
Development Director
Board of Architectural
Review
Administrative
Planned Residential
Development
(TMC 17.08.040)
Short Plat Committee
Hearing Examiner
Short Plat
(TMC 17.08.060)
Short Plat Committee
Hearing Examiner
Binding Site
Improvement Plan
(TMC Chap.17.16)
Short Plat Committee
Hearing Examiner
Shoreline Substantial
Development Permit
(TMC Chapter 18.44)
Community
Development Director
State Shoreline Hearings
Board
Decision regarding
Sensitive Areas (except
Reasonable Use
Exception)
(TMC 18.45.125)
Community
Development Director
Planning Commission
TYPE OF PERMIT
DECISION MAKER
Building Permit
Building Official
Utility Permit
Public Works Director
Sign Permit, except for those sign
permits specifically requiring
approval of the Planning
Commission or denials of sign
permits which are appealable
Community Development Director
Land Alteration
Public Works Director
Boundary Line Adjustment,
including Lot Consolidation
Community Development Director
Minor Modification to PRD (TMC
18.46.130)
Community Development Director
Minor modification to BAR approved
design (TMC 18.60.030)
Community Development Director
Any land use permit or approval
issued by the City, unless specifically
categorized as a Type 2, 3, 4, or 5
decision by this Chapter
As specified by Ordinance
TYPE 1 DECISIONS
C. Type 2 decisions are decisions which are initially made by the Director or, in
certain cases, other City administrators or committees, but which are subject to an open
record appeal to the Hearing Examiner, Planning Commission, City Council, or, in the
case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to
RCW 90.58.
Cargo 10/29/04 Page 3 of 5
TYPE 2 DECISIONS
Special Permission
Parking, and
Modifications to
Certain Parking
Standards
(TMC 18.56.060 and
.070)
Community
Development Director
City Council
Parking standard for
use not
specified
(TMC 18.56.100)
Community
Development Director
City Council
Code Interpretation
(TMC 18.90.010)
Community
Development Director
Hearing Examiner
Special Permission
Sign, except "unique
sign" (various sections
of TMC Title 19)
Community
Development Director
Planning Commission
Sign Permit Denial
(TMC Chapter 19.12)
Community
Development Director
Planning Commission
Sign Area Increase
(TMC 19.32.140)
Community
Development Director
Planning Commission
Placement of Cargo
Container
(TMC 18.50.060)
Community
Development Director
Hearing Examiner
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY (closed
record appeal)
Shoreline Conditional
Use Permit
(TMC 18.44.050)
Planning Commission
State Shorelines
Hearings Board
Reasonable Use
Exceptions under
Sensitive Areas
Ordinance
(TMC 18.45.115)
Planning Commission
City Council
TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline, sidewalk,
land alteration, sign)
Hearing Examiner
Resolve uncertain zone district
boundary
Hearing Examiner
Cargo 1 0/28/04 Page 4 of 5
TYPE 3 DECISIONS
TYPE 4 DECISIONS
D. Type 3 decisions are quasi-judicial decisions made by the Hearing Examiner
following an open record hearing. Type 3 decisions may be appealed only to Superior
Court, except for shoreline variances that may be appealed to the State Shoreline
Hearings Board pursuant to RCW 90.58.
E. Type 4 decisions are quasi-judicial decisions made by the Board of
Architectural Review or the Planning Commission, following an open record hearing.
Type 4 decisions may be appealed to the City Council, which will hold a closed record
appeal hearing based on the record established by the Board of Architectural Review or
Planning Commission, except Shoreline Conditional Use Permits, which are appealable
to the State Shoreline Hearings Board pursuant to RCW 90.58.
TYPE OF PERMIT
DECISION MAKER
Subdivision - Preliminary Plat
(TMC 17.12.020)
City Council
Subdivision - Final Plat
(TMC 17.12.030)
City Council
Planned Residential Development
(PRD), including Major Modifications
(TMC Chapter 18.46)
City Council
Unclassified Use
(TMC Chapter 18.66)
City Council
Rezone (TMC Chapter 18.84)
City Council
Shoreline Environment
Redesignation
(Shoreline Master Program)
City Council
Public Hearing Design
Review (TMC Chapter
18.60, 18.56.040 and
Shoreline Master
Program)
Board of Architectural
Review
City Council
Modifications to
Certain Parking
Standards
(TMC Chapter 18.56.)
Planning Commission
City Council
Conditional Use
Permit
(TMC Chapter 18.64)
Planning Commission
City Council
Unique Signs
(TMC 19.28.010)
Planning Commission
City Council
F. Type 5 decisions are quasi-judicial decisions made by the City Council
following an open record hearing. Type 5 decisions may be appealed only to Superior
Court.
TYPE 5 DECISIONS
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
five (5) days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this / day of i■,ov'lr2iom - , 2004.
A I hST/ AUTHENTICATED:
Jaf E Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Cargo 10/28/04 Page 5 of 5
Steven M. Mullet, Mayor
Filed with the City Clerk: If) .2
Passed by the City Council: 11. 61, (Y/ -
Published: II. 65
Effective Date: /f • lb (3
Ordinance Number: 24)61t1
SUMMARY OF ORDINANCE
No. 2066
City of Tukwila, Washington
On November 1, 2004, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2066, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, amending
Ordinance No. 1989 §9, as codified at Tukwila Municipal Code (TMC) 8.50.060,
increasing the maximum permitted length of cargo containers to 40 feet; amending
Ordinance Nos. 1768 §2 (part), 1796 §3 (part),1847 §2, 1857 §7, and 2005 §20, as
codified at TMC 18.104.010, allowing the Hearing Examiner to hear appeals regarding
placement of cargo containers, classified as a Type II decision; providing for
severability; and establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of November 1, 2004.
' ,C _ e(A/t.
Jan E. Cantu, CMC, City Clerk
Published Seattle Times: November 5, 2004 e_,
MEMO
TO: City Council
J L,�
FROM: Steve Lancaster, Director DCD 4'
RE: Amendments to Cargo Container regulations
DATE: October 26, 2004
Department of Community Development Steve Lancaster, Director
Issue
At the June 28, 2004 meeting, I informed Council of the following issues regarding cargo
containers.
1. The maximum length restriction of 30 -feet is too restrictive. There were some pre-
existing cargo containers in the City that are 40 feet in length. These cargo
containers meet the screening requirements and setback requirements in TMC
18.50.060, however staff cannot issue a permit for the container to be permitted,
since the container does not meet the required length restriction.
Staff has also become aware that the predominant length of most cargo containers is
40 feet.
Originally, when the City was drafting Ordinance 1989, the original
recommendation of staff and the Planning Commission was to have the maximum
length of the cargo containers be 40 feet.
2. Ordinance 1989 also does not clearly specify which hearing body would hear the
appeal of the Director's Decision regarding placing of a cargo container.
Following your June 28 discussion of these issues, the Committee of the Whole referred this
issue to the Planning Commission.
Planning Commission Recommendation
The proposed ordinance would:
1. Increase the maximum length of cargo containers and shipping containers used as
accessory structures within certain zones to 40 feet.
2. Clarify that the Hearing Examiner should hear appeals of decisions from the
Director regarding the placement of cargo containers.
Steven M Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665
Additional Information
At the June 28, 2004 meeting, council also asked staff to prepare a brief overview of
existing cargo containers within the City. Attached to this memo you will find photos of
cargo containers within the City that staff is aware of. Some of these cargo containers were
not part of the City's original inventory, conducted prior to adoption of Ordinance 1989.
These containers may have been missed when staff conducted the inventory, but it is likely
that these containers have been located in the City in violation of City Code.
Planning Staff, Code Enforcement, and the City Attorney's Office is currently working to
bring these cargo containers in line with City Code, which may involve ordering the
property owners to remove the containers.
RFA03 -347
Location: 15603 42 ^d Avenue.
Zoning: LDR
Date of Photo: August 13, 2004
Taken by: Brandon J. Miles, Assistant Planner
L03 -076
Location: 4640 S. 144th Street (Showalter Middle School)
Zoning: LDR
Date of Photo: August 13, 2004
Taken By: Brandon J. Miles, Assistant Planner
RFAO4 -226
Location: 13975 Interurban Avenue S
Zoning: RCM
Date of Photo: August 13, 2004
Taken By: Brandon J. Miles, Assistant Planner
RFA03 -353
Location:
Zoning:
Date of Photo:
Taken By:
17680 West Valley Hwy
C/LI
August 13, 2004
Brandon I. Miles, Assistant Planner
RFA04 -227
Location: 551 -581 Strander Blvd
Zoning: TUC
Date of Photo: August 13, 2004
Taken By: Brandon J. Miles, Assistant Planner
NO PHOTO AT THIS TIME
RFA03 -345
Location: 13310 Interurban Avenue S
Zoning: C/LI
Date of Photo: August 13, 2004
Taken By: Brandon J. Miles, Assistant Planner
RFA03 -344
Location: 13319 56 Ave S
Zoning: LDR
Date of Photo
Taken By:
Minutes, 6/28/04 Page 3 of 9
4) Establishing certain fire protection standards for the construction of high -rise buildings within the
Finally, Captain Tomaso noted changes to this proposed ordinance and stated they are no more stringent
and no more lax than the former (current) ordinance. Calling it mostly housekeeping, he said the
proposed ordinance just re- organizes that which is currently written.
Consensus existed to move item 4 to this evening's special meeting agenda.
b. Authorize City to continue serving as fiscal agent for the Valley Narcotics Enforcement Team
(VNET) for the period 07 -01 -04 to 06 -30 -05
Alan Doerschel, Finance Director, reported the City has budgeted for a full year on this item. The City
of Auburn will handle the task beginning July 1, 2005. Therefore, when preparing next year's budget,
Mr. Doerschel noted only Y2 of the income amount will be reflected. Calling VNET a "very successful
operation," Mr. Doerschel reported most of the money accrued to the seizure fund comes from this
program.
Consensus existed to move the item to this evening's special meeting agenda.
c. Modify the length restriction on cargo containers that are used as accessory structures in certain
zoning districts and clarify appeal rights in regard to cargo container permit applications
Pam Linder reported an update on this issue at a March Community Affairs and Parks Committee
meeting. It was in 2002 that the City Council approved an ordinance regulating the use of cargo
containers within City limits. That ordinance allowed for a one -year grace period for existing containers
to be grandfathered if they met certain location and screen requirements. The regulations allowed the
existing containers in zones where they would not normally be permitted, if an application was
submitted by the owner on/by April 15, 2003. Additionally, containers in excess of the allowed 30 - foot
limit were to be grandfathered if they met all other development standards and applied for permits.
After City staff sent out second notices of violation to property owners, an inventory of the remaining
sites was taken. To date, there are five sites on the inventory where non - permitted cargo containers exist
and staff has had no contact with the tenants (renters or property owners).
After receiving a list of "Permits applied for but not issued," and "No Response From Two Notices,"
Ms. Linder has driven to each site to personally view the properties. She is not opposed to their
remaining on site so long as conditions of the ordinance are met (proper screen and a permit). At issue
now is how to best proceed with regard to those from both (above - referenced) lists.
Steve Lancaster, Director of Community Development, reported most property owners who had cargo
containers have complied with the new regulation by submitting permit applications or removing their
containers. While enforcing the new regulations, City staff has discovered others are still non-
conforming (over 30 feet). Many of those meet location and screening requirements, yet no applications
have been submitted allowing them to remain. Thus, the issue at hand.
After presenting several options to Council on how best to handle the situation, discussion was held.
Issues of permitting and the idea of reviewing the length requirements once more were raised. The
Planning Commission could review the matter to determine whether or not it's in the best interests of the
City to increase the maximum allowable length.
http: / /www.ci. tukwila .wa.us /clerk/docs04 /cow6- 28.htm 10/27/2004
Minutes, 6/28/04 Page 4 of 9
Additionally, Mr. Lancaster noted the need to clarify the appeals process in a newly proposed ordinance
for respondents to Notices of Violations. The Hearing Examiner is the most suitable person to hear such
appeals.
Councilmembers asked staff to prepare and submit a list of those property owners who are in violation
in approximately two weeks. Mr. Lancaster agreed to the request. Additionally:the Director of
Community Development noted a reminder may be in order in the next edition of The Hazelnut.
Consensus existed to remand the matter to the Planning Commission for a public hearing and to
consider increasing the maximum length of cargo containers to 40 feet.
d. A contract with Freedman Tung & Bottomley for services related to the Tukwila Urban Center
Pam Linder noted review of this item at the June 15 Community Affairs and Parks Committee meeting.
The proposed contract (distributed by Lynn Miranda, Senior Planner, Department of Community
Development) allows for additional land use and urban design services (related to the Tukwila Urban
Center [TUC] and Transit - Oriented Development [TOD] area) not included in a previous contract with
Freedman Tung and Bottomley. The fund source for the contract is the Tukwila Urban Center federal
grant.
Lynn Miranda addressed the Council and informed them the contract scope remains the same as in the
past, yet includes a new expiration date of June 30, 2005. The new contract also provides for additional
work sessions with the Council and Planning Commission to review the TUC and TOD draft plans.
Councilmember Carter reported no trouble with the proposed contract as it is entirely paid for with grant
funds. Said grant has already been received by the City of Tukwila.
Consensus existed to move this item to this evening's special meeting agenda.
e. An amendment to Contract 04 -015 with Martin Durkan, extending the contract through 12 -31 -04
Councilmember Fenton reported review and approval of this item at the June 21, 2004 Finance and
Safety Committee meeting. To be paid for from the general fund/professional services, the six - month
cost impact is "up to $27,000.00" ($4,000.00 per month, plus a maximum of $500.00 per month in
expenses).
Rhonda Berry, City Administrator, explained Mr. Durkan has been able to do what was anticipated and
expects to be able to complete the projects by year's end. For those reasons, City administration seeks
just a six -month extension to allow the contractor time to secure financial support for critical City
projects. Top priority is to seek State funding for the TUC and TOD projects.
Consensus existed to move this item to this evening's special meeting agenda.
f. A professional services contract with Ball Janik LLP, in the amount of $9,500 per month, for federal
representation and lobbying services related to securing federal authorization and appropriation for key
projects identified by the City of Tukwila
Councilmember Fenton reported review and approval of this item at the June 21, 2004 Finance and
Safety Committee meeting. Reflected in the contract is a $1,000.00 per month increase. Since
performing services without an actual contract between January 2004 and this date, the rate is retroactive
http: / /www.ci.tukwila .wa.us /clerk/docs04 /cow6- 28.htm 10/27/2004
Page 4
Planning Commission Minutes
August 26, 2004
PLANNING COMMISSION PUBLIC HEARING - 7:05 P.M.
VII. CASE NUMBER: L04 -041
APPLICANT: City Staff
REQUEST: Revisions to 18.50.060 (C) (1), changing the length
restriction of cargo containers being used as accessory
structures in the LDR, MDR, HDR, RC, RCM, TUC, and
C/LI from 30 feet to 40 feet. Clarifying the appeal rights for
submitted applications.
LOCATION: City Wide
Brandon Miles gave the presentation for staff. In April 2002 City Council adopted ordinance 19.89,
which regulated the use of cargo containers in every zone except the low industrial zones. The applicant
met all requirements, except a maximum length 30 ft. restriction. Staff determined that the 30 ft.
restriction could not be met, because there are pre - existing cargo containers that are 40 ft.. The proposed
project went before Community Parks and Affairs and Committee of the Whole. Their recommendation
was to forward it to the Planning Commission for consideration to increase the length restriction to 40
feet. When the original order was passed there was no appeal provisions regarding who would hear the
appeal if an application were denied or a condition were appealed. To clarify the appeal process staff is
adding verbiage, which states that the hearing examiner shall hear all appeals. Staff asks that the
Planning Commission make a recommendation to the City Council that the ordinance be approved.
Brandon and Steve answered questions for the Commissioners
There were no further comments.
The Public Hearing was closed.
The Commission deliberated.
BILL ARTHUR MADE A MOTION TO APPROVE THE DRAFT ORDINANCE PRESENTED
BY STAFF FOR CASE NUMBER L04 -041. KIRSTINE WHISLER SECONDED THE MOTION,
ALL VOTED IN FAVOR.
Chair Malina announced that Commissioner Whisler sent the Mayor a letter resigning from the Planning
Commission, effective 7- 22 -04.
Commissioner Whisler said she enjoyed working with everyone and complimented her fellow
Commissioners, and stated she has learned a lot. She thanked Steve and his staff for their support.
MEETING ADJOURNED AT 7:20 PM
Submitted by: Wynetta Bivens
Administrative Secretary
Or. inal Invento
Tenant Name
Address
zoning
H & S Properties
13925 Interurban Ave
RCM/LD
Robb William Eric
6542 Southcenter Blvd
LDR
Penske Truck
12840 48 Ave S
C /Ll
Hayek's Leather Furniture
1015 Andover Park W
TUC
Occupant
4650 S 134 PI
C /LI
Occupant
14517 Macadam Rd S
LDR
Occupant
4600 S 134 St
C /LI
McManus Susan L
4430 S 156 St
LDR
O'Brien Cleora
2929 S 135th St
LDR
Cardinal Aerospace
4585 S 134 PI
C /LI
Napa Auto Parts
14013 Tukwila Int. Blvd
NCC
Barnes John and Jean
15828 51 Ave S
RCM
General Builders Supply
4439 S 134th PI
C /LI
Occupant
13319 56 Ave S
LDR
Tukwila Tosco (76)
13310 Interurban Ave S
C /LI
Chanes Joseph and Sharron
14730 56 Ave S
LDR
Patterson Craig A
3910 S 113 St
LDR
Tukwila Baptist Church
14742 Macadam Rd S
LDR
Hope Thomas
15603 42 Ave S
HDR
Conquest Center
4617 S 144 St
LDR
Occupant
4059 S 158 St
LDR
Doak Darryl
4058 S 148 St
LDR
Bergseth Jr. Charles and Diana
13409 40 Ave S
LDR
Kaycan Building Products
17680 West Valley Hwy
C/LI
Ryder Rental Truck
17850 West Valley Hwy
C /LI
Occupant
6801 S 180 St
TUC
Tukwila School Dist.
4640 S 144 St
LDR
Greenhalgh Adam
2901 S 128 St
0
Cargo Container Permits Issued
Tenant Address Status Zone
Penske Truck 12840 48 Ave S issued C/LI
O'Brien Cleora 2929 S 135th St issued LDR
General Builders Supply 4439 S 134th PI issued C /LI
Hayek's Leather Furniture 1015 Andover Park W issued TUC
Tukwila Baptist Church 14742 Macadam Rd S issued LDR
Conquest Center 4617 S 144 St issued LDR
Ryder Rental Truck 17850 West Valley Hwy issued C/LI
Cargo Container Permit Issued, after April 15, 2003, and after revieving 2nd violation letter
Occupant 4600 S 134th Place issued C/LI
Cargo Containers issued for new sites.
Tukwila Food Pantry S. 128th Street Issued LDR
GT Development Corporation Interurban Ave Issued C/LI
Permits applied for but not issued
Appied After 15 -Apr -03
H &S Properties 13925 Interurban Ave.
NAPA Auto Parts 14013 TIB
Tukwila School District
Adam Greenhaigh
4640 S 144 St
2901 S 128th Street
Status
Denied RCM
Denied NCC
Pending LDR
Denied 0
Note: The indivduals who applied after April 15, 2003 did so only after receiving the 2nd notice.
does not meet screening requirements
not allowed in zone, reached
agreement on removal of container
does not meet length standards
not allowed in zone, Hearing Examiner
affirmed the City's Decision
Carcio Containers that Have Been
Tenant
Robb William Eric
McManus Susan L
Barnes John and Jean
Patterson Craig A
Occupant
Doak, Daryl
Occupant
Bergseth
Chanes
Address
6542 Southcenter Blvd
4430 S 156 St
15828 51 Ave S
3910S113St
6801 S 180 St
4058 S 148 St
4059 S. 158th St.
13409 40 Ave S
14790 56 Ave S
Removed After 1st Notice
Zone
LDR
LDR
RCM
LDR
TUC
LDR
LDR
LDR
LDR
No Response From Two
Tenant Name
Occupant
Occupant
Occupant
Tukwila Tosco (76)
Hope Thomas
Kaycan Building Products
New Sites
City of Tukwila
Occupant
Notices
Address
14517 Macadam Rd S
4600 S 134 St
13319 56 Ave S
13310 Interurban Ave S
15603 42 Ave S
17680 West Valley Hwy
Minkler Shop
551 -581 Strander Blvd.
minor zoning
31 LDR
35 C/LI
110 LDR
113 C/LI
290 HDR
9017 C/LI
TUC
TUC
has talked with City, 40
foot container on site
TO:
Cizy of Tukwila
Department of Community Development Steve Lancaster, Director
MEMORANDUM
Mayor Mullet
Committee of the Whole
FROM: Steve Lancaster, DCD Director Lc-
Steven M. Mullet, Mayor
RE: Proposed Supplemental Contract with Freedman Tung & Bottomley (FTB) for services
related to the Tukwila Urban Center (TUC)
DATE: June 23, 2004
Background
As part of our staff/consultant TUC planning team, Freedman, Tung & Bottomley (FTB) has
provided technical assistance with land use and urban design issues related to the planning of the
Tukwila Urban Center (TUC) and the transit - oriented development (TOD) area. Their original
contract amount for $352,338.14 was approved in February, 2003. This work has been fully
funded through a federal grant.
As the project evolved over the past fall and winter (2003/04), additional land use and design
analysis was needed which was not planned for in the current scope of services. At that time, the
project manager was on an unplanned medical leave, and the work needed to be accomplished in
a timely manner. The proposed supplement brings FTB's contract up to date, compensating FTB
for services already provided, and allowing for additional worksessions with the Council and
Planning Commission to review the draft plan. Services included in the supplemental contract
total $69,581.
In addition, FTB's contract expired May 31, 2004, and a time extension is required to complete
the project.
Proposed Contract Supplement
Timeline extension
FTB's contract expired May 31, 2004. The proposed new completion date is June 30, 2005.
Compensation for services already provided
Page 1
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
1. Meetings
FTB attended meetings not planned for or substantially longer in duration than originally
anticipated in the current contract.
2. Expanded Site Development Plans
The original scope of work specifically limited the area requiring detailed master plan products,
including conceptualizing, development scenarios, products, and recommendations. As the
project unfolded during the public workshop phase, it was determined that additional areas be
analyzed, including the expanded TOD and the TUC core areas, and the Mall -to -Pond and Mall -
to- Station scenarios. This effectively expanded the areas requiring more detailed planning
recommendations and deliverables beyond that identified in the original scope of work by an
additional 130 acres of public and private property.
Additional services required for plan review and adoption
1. FTB will attend a Joint City Council/Planning Commission worksession, prior to public
hearings on the draft plan, to review the draft plan's proposed policies and regulations.
2. Prior to the City Council's public hearing on the plan, FTB will attend a City Council study
session on the draft plan and Planning Commission recommendations.
3. FTB will attend a City Council Public Hearing/deliberation session on the draft plan. This
meeting was added since the CAP memo on this contract supplement. The additional meeting
does not change the contract amount.
Cost of Proposed Contract Supplement
The cost of additional services and worksessions contained in the contract supplemental are
$69,581 and will be funded by the existing TUC/TOD grant. This leaves contingency funds of
approximately $40,000, portions of which will be used for anticipated additional financial
analysis and environmental review of the plan.
COMMUNITY AFFAIRS AND PARKS COMMITTEE ACTION
Reviewed the draft contract and sent it to the COW for consideration.
REQUESTED ACTION
Forward to the full Council for their consent agenda at the July 6th meeting.
P: \LYNNM\TUC \Contracts\Land use \administrative \Supplement 2004 \FTB COW.DOC
Page 2
City of Tukwila
Department of Community Development Steve Lancaster, Director
CHAIR, GEORGE MALINA, VICE CHAIR, MARGARET BRATCHER,
COMMISSIONERS, KIRSTINE WHISLER, VERN MERYHEW, BILL ARTHUR, HENRY
MARVIN, AND ALLAN EKBERG
PLANNING COMMISSION
WORKSESSION AND PUBLIC HEARING
AGENDA
JULY 22, 2004
TUKWILA CITY HALL
COUNCIL CHAMBERS
WORKSESSION — 6:00 P.M.
I. CALL TO ORDER
II. ATTENDANCE
III. ADOPTION OF THE MINUTES - 06 -17 -04 and 06 -24 -04
Steven M. Mullet, Mayor
IV. CASE NUMBER: L04-025
APPLICANT: City of Tukwila.
REQUEST: Deliberations /Recommendation
a. Deliberation/Recommendation on Natural Environment Element — Continued from 6/23/04
b. Approve Recommendation— Transportation
c. Approve Recommendation — Utilities
d. Approve Recommendation — Capital Facilities
e. Approve Recommendation — Tukwila Urban Center
f. Approve Recommendation— Maintenance of the Plan
g. Approve Recommendation— Economic Development
h. Approve Recommendation -- Housing
V. CASE NUMBER: L03 -078
APPLICANT: David Evans and Associates for Sabey Corporation.
REQUEST: Comprehensive Plan map change and zoning designation
change from Low Density Residential (LDR) to Commercial/Light
Industrial (C/LI).
LOCATION: The property is located at the western terminus of South 126 Street
and between Tukwila International Boulevard and 34 Avenue South.
This property is part of the Department of Homeland Security property
currently under construction at Intergate East. Tax lot number 734060-
0602.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665
Page 2
Planning Commission Agenda
July 22, 2004
VI. CASE NUMBER: L03 -077
APPLICANT: Susan Carlson for La Pianta LLC
REQUEST: Comprehensive Plan text amendments to the
Tukwila South element of the Comprehensive Plan.
LOCATION: Tukwila South is the area generally south from South 180 Street to the
City's annexation boundary at South 204 Street.
IX. Director's Report
X. Adjourn
PLANNING COMMISSION PUBLIC HEARING - 7:00 P.M.
VII. CASE NUMBER: L04 -041
APPLICANT: City Staff
REQUEST: Revisions to 18.50.060 (C) (1), changing the length restriction
of cargo containers being used as accessory structures in the LDR,
MDR, HDR, RC, RCM, TUC, and C/LI from 30 feet to 40 feet.
Clarifying the appeal rights for submitted applications.
LOCATION: City Wide
VIII. CONTINUE COMPREHENSIVE PLAN DELIBERATION
/RECOMMENDATIONS (if necessary)
oF
Enclosure
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
128 - 10th Avenue SW • PO Box 42525 • Olympia, Washington 98504 -2525 • (360) 725 -4000
RECEIVED
February 9, 2005 (FEB 1 0 20051
Brandon Miles
OEEVEL
Assistant Planner
City of Tukwila
6300 Southcenter Blvd
Tukwila, Washington 98188
RE: Submittal of Documents to the Washington State Department of Community, Trade, and
Economic Development for City of Tukwila
Dear Mr. Miles:
Thank you for sending this department the following:
Adopted Amendment to the Development Regulation
Adopted Ordinance No. 2066 relating to the use of cargo containers within the City of Tukwila. Received on
02/09/2005. Please keep this letter. It is your record of when the Department of Community, Trade and
Economic Development (CTED) received this material.
We have forwarded a copy of this notice to other state agencies. Adopted amendments should be sent to
CTED immediately upon publication, as well as to any state agencies that commented on the draft
regulation. A jurisdiction does not need to send its regulation to the agencies which have been called ahead
and that have indicated the local plan will not be reviewed. The jurisdiction should keep a record of this
contact with state agencies and the state agencies' response.
If you have any questions or concerns, please call me at (360) 725 -3056.
Sincerely,
Ike Nwankwo
Technical & Financial Assistance Manager
Growth Management Services
City of Tukwila
NOTICE OF
PUBLIC HEARING
Notice is hereby given that the Tukwila City Council will hold a public hearing on
Monday, November 1, 2004, beginning at 7:00 p.m. in the Council Chambers at
Tukwila City Hall, 6200 Southcenter Blvd, Tukwila, Washington, to consider the following:
An ordinance amending the Tukwila Municipal Code
(TMC) Section 18.50.060, Cargo Containers as
Accessory Structures, increasing the maximum
permitted length of cargo containers to 40 feet; and
amending TMC Section 18.104.010 of Permit
Application Types and Procedures, allowing the
Hearing Examiner to hear appeals regarding placement
of cargo containers, classified as a Type II Decision.
All interested persons are invited to be present to voice approval, disapproval, or opinions
on this issue. Those unable to attend in person may submit written testimony to the City
Clerk's office until 5 p.m. on the day of the hearing.
Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with
disabilities. Reasonable accommodations are available at Public Hearings with advance notice.
This notice is available in alternate formats for individuals with disabilities. Please contact the
City Clerk's Office at (206) 433 -180 r TDD (206) 248-2933 if we can be of assistance.
Dated this .g X -r day of 2004.
Published: Seattle Times, October 25, 2004
E. Cantu, CMC, City Clerk
TO:
FROM:
RE:
DATE:
Option A
Option B
City of Tukwila ila Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
Committee of the Whole
Steve Lancaster, Director
Cargo Containers
June 15, 2004
On March 23, 2004, I gave the Community Affairs and Parks Committee (CAP) an update on
cargo container regulations that were adopted in April of 2002 (Ordinance Number 1989).
The regulations allowed existing cargo containers in zones where they would not be permitted, to
be grandfathered if an application was submitted by April 15, 2003. Additionally, cargo
containers in excess of the 30 -foot length limit would be allowed to be grandfathered if they
could meet all other development standards.
As I noted at the CAP meeting, most property owners who had existing cargo containers
submitted complied with the new regulations by either submitting a permit application or
removing the cargo container (See attached table). In enforcing the new regulations, staff has
discovered that there are still non - conforming cargo containers that are over the 30 -foot length
restriction. Many of these cargo containers do meet the location and screening requirements, but
staff is unable to approve any applications to allow them to remain since the cargo containers are
in violation of TMC 18.50.060 (C) (1).
After reviewing the comments made at the CAP meeting, staff has come up with the following
options regarding length issue:
Increase the maximum length of cargo containers to 40 feet. The 40 -foot length limitation was
the original length that staff and the Planning Commission recommended when Council
considered the original cargo container regulations in 2002.
Remove the length restriction from the regulation. Cargo containers would still have to meet all
screening requirements that are laid out in the TMC.
Option C
Leave the regulations unchanged, this would require removal of containers that do not meet the
30 foot length requirement.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
Another issue that should be addressed is the appeal provision for individuals whose applications
to locate a cargo container on their site are denied. Ordinance 1989 does not list which body will
hear any appeals related to staff's decision on the permit application.
NEXT STEP
Staff would ask that COW refer this matter to the Planning Commission for their consideration
and to conduct a public hearing.
Community and Parks Committee
March 23, 2004
Present: Pam Linder, Chair; Joe Duffle, Pam Carter
Steve Lancaster, Brandon Miles, Bruce Fletcher, Rhonda Berry, Pat Brodin, Lucy
Lauterbach; Todd Heistuman, Eric Reinhardt- developers
1. 57` Mini Park Proposal The Committee had asked for more information at their last
meeting, and Pat Brodin supplied some facts. The current small park in Foster Point was a street
right of way that enabled Public Works staff to repair a drainage problem with installing a 24"
outfall at the river there. This drain is now even more important, as it will handle all the storm
water collected with the improvements going into Foster Point. Construction on the Foster Point
improvements is likely to start in August. As the new sewer pipes will be in the streets, the
project will be a little difficult for residents there while work goes on. Pat said there were no
bank stability problems at this site. Steve Lancaster said Todd and Eric had a pre - application
meeting in August 2002, and the preliminary plan they showed then looked as if would work
very well. Steve said it is unusual that a short plat can be so easily fit onto land, as this piece is
both flat and fronts on two streets. The development plans an alley for easy access to the backs
of some homes. Todd said he normally develops high -end homes, but wanted to showcase
techniques that could make lower cost homes attractive. The problem with their selling this land
to the City as a mini park is that the City has no funds. Bruce said next week is the application
deadline for Conservation Futures grants. These are 50% grants, and we would need to be
creative to fund our share. It is possible a land donation could be that match, but details are
needed to figure things out. The Committee gave permission to apply for the grant, with the
stipulation that if no match is found, we will withdraw the application. The cost of the land is
somewhere around $160,000. Information; permission given to apply for grant.
2. Facilities Interlocal Agreement As the last interlocal agreement regarding facilities was
done in 1996, it is due to be updated, and a committee was formed to work on various issues
relating to facilities. The resulting draft interlocal addresses general school and city facilities.
Pam C noted the agreement covers recreational facilities like gyms, but not meeting rooms like
the Foster Commons, which the City occasionally uses for meetings. The Committee agreed, and
asked Bruce to see if other rooms could also be covered. Pam C asked about maintenance of the
Showalter Field, as both the school and the City have said the other maintains it. Bruce said we
mow and water it, but they line it, so maintenance is shared. Drainage there is not good, he said,
and has caused some problems. There will be separate interlocals for use of the new stadium, the
pool, and the performing arts center. Bruce will attend the school board meeting this same
evening to ensure they also approve of the interlocal. Recommend interlocal to COW and
Regular Meeting.
3 . Update on Cargo Containers Steve and Brandon talked about the cargo containers and their
ermissibility in the City. When the City passed an ordinance in 2002 regulating where the
container could be used, an aerial picture was made and reports and visual inspections were done
to try to find out where all the current cargo containers were. Those that did not meet the criteria
were allowed a year to apply for a "grandfather" clause that would allow them. Steve said there
were originally 28 containers. The screening size was set at 30'. Of the 28, 10 were given
permits, and 10 were removed. Two notices have been sent to 5 other container owners, and the
City's heard no reply. Three of those five did not apply for a "grandfather" permit; two could be
legal if they can be screened properly. Three new applications for cargo containers have been
received. One was denied, another dodsn't meet screening requirements so far, and the third
applied too late. Steve brought up the issue of the containers at Showalter not meeting the
requirements for both size and for applying on time. Pam L said those containers are examples of
how they should be screened. Even though they are too long to be legal, she thought it could be
possible to change the length requirement to allow them. Steve thought if containers can be
screened, it may be possible to take away the 30' restriction. Information.
4. Update on Library Issues The packet had included information about the meeting held last
week between the Library administration, the Mayor and City staff. Pam L clarified that the
minutes of the meeting were written by Lucy, and not by the Library staff. Lucy and Rhonda
reported that the Library is an independent agency, and that because the daily staff of Bill Ptacek
does the most work on library issues, the King County Library Board has some input but is not
as involved in policy making as the Library Administration. The Library System made it clear at
the meeting that Tukwila Library was not used often according to comparisons with other
libraries its size, and that the changes they are making is their solution for not closing the
Library. Tukwila staff thought it unlikely that the City could persuade them to return it to its
former state. Pam C said Ptacek has ignored the 1991 Interlocal, but Rhonda noted our attorney
has said it is not a strong enough document to be able to enforce easily. Pam said libraries, like
schools, are the heart of a City. Joe felt strongly that the Library had dismissed the feelings of the
citizens, and that the citizens really wanted the previous arrangements. Bruce said he had visited
the Library, and that is does look like the improvements are quite nice. There are lots of
computers, he said, and the space is really coming together. He did say the restrooms need to be
upgraded. The Committee talked about the programs now being held there, and Pam C
calculated there were about 23 families in programs, three of whom will have a hard time getting
to that library. Rhonda asked if the Committee thought the City would want to be a co- sponsor
of the Library Grand Opening April 10, and the consensus was that they would not. When Pam C
wondered why the Council had not been invited to the Grand Opening, discussion about the
Library System and their lack of political sensitivity was explained. The last issue was whether a
sign could be put on S. 147`''. Staff will check on that. The Committee's consensus was that even
if Mr. Ptacek came to a Council meeting, the outcome would remain the same. They were
reluctant but moving towards being ready to accept the Library System's suggestion that the City
wait to see how it is, and give the new configuration a chance to work for a few months before
they declare it a failure. Information.
Committee Chair approval
ravo
Department of Community Development Steve Lancaster, Director
CAP Committee Members
Steve Lancaster, Director
RE: Update on Cargo Containers
DATE: March 15, 2004
MEMO
TO:
FROM:
On April 15, 2002, the City Council passed Ordinance Number 1989 regulating cargo
containers being used as accessory buildings within the City of Tukwila.
The Ordinance allowed cargo containers to be used outright within the Light Industrial
(LI), Heavy Industrial (HI), Manufacturing Industrial Center/Light (MIC/L),
Manufacturing Industrial Center/Heavy (MIC/H), and Tukwila Valley South (TVS)
zoning districts.
New cargo containers may be allowed as accessory to institutional uses (schools,
churches, food banks, etc) in the following residential zones, Low Density Residential
(LDR), Medium Density Residential (MDR), and High Density Residential (HDR).
Cargo Containers may be permitted in the Regional Commercial (RC), Regional
Commercial Mixed Use (RCM), Tukwila Urban Center (TUC), and Commercial/Light
Industrial (C/LI) as accessories for any permitted or conditional use. All new containers
in these zones are subject to a Type II special permission decision and the restrictions in
the various zoning districts.
The criteria for approval of the special permission are listed below:
1. Only two cargo containers will be allowed per lot, maximum length 30 feet.
2. The container is located to minimize the visual impacts to adjacent properties,
parks, trails, and rights -of -way as determined by the Director.
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 even the placement of cargo
containers behind, between or, within buildings.
4. If located adjacent to a building a cargo container must be painted to match the
building's color.
5. Cargo Containers may not occupy any required off- street parking spaces.
6. Cargo Containers shall meet all setback requirements for the zone.
Steven M Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
7. Outdoor cargo containers may not be refrigerated.
8. Outdoor cargo containers may not be stacked.
Cargo containers are not permitted in the following zones, Office (0), Mixed Use Office
(MUO), Residential Commercial Center (RCC), and Neighborhood Commercial Center
(NCC).
Owners of existing cargo container in non - industrial zones were allowed one year to
"grandfather" their containers. They had to apply for a special permission permit with
the City by April 15, 2003 or the containers had to be removed.
Prior to adoption of the Ordinance 1989, staff attempted to locate existing cargo
containers that would be affected by the ordinance. Staff utilized aerial photos, citizen
complaints, and staff observations and found 28 sites within the City where cargo
containers were located that now need to be permitted under the new ordinance. Twelve
of these sites were located within LDR zones. In conducting this survey, staff made an
effort to have a complete record of all existing containers in the City, yet staff was
limited to conducting the survey from the right of way. There may be some containers in
the City that were missed or have been added illegally after staff conducted the initial
survey.
As required by State Law a brief summary of the ordinance was published in the Seattle
Times. On two separate occasions staff utilized the Hazelnut to inform residents and
businesses of the new regulations.
In July of 2002, staff sent out notices to the occupants and property owners of the 28
sites. The notices included a brief overview of the new regulations, copy of the
ordinance, and an application form.
By the April 15, 2003 deadline, eight permits were issued to existing sites and six cargo
containers were removed. Additionally, three cargo containers were approved at new
sites.
In December of 2003, staff sent "second notices" to the tenants and property owners of
the remaining sites who did not respond to the first notice. In this notice the City
informed the tenants and property owners that the cargo container must be removed.
After the second notice the City received four more applications for cargo containers.
Two of the applications were within zones that no longer permit cargo containers.
Additionally, another property owner submitted application for a pre- existing cargo
container that is 40 feet in length, ten feet greater than what is now permitted. Since they
submitted after the April 15, 2003, deadline the containers cannot be grandfathered.
As noted, two applications were submitted after the April 15, 2003 in zoning districts
where cargo containers are no longer permitted. Staff reached an agreement with one of
the businesses to have the cargo container removed. Staff denied the other pending
application and the applicant has since filed an appeal.
After sending out the second notice staff conducted a new inventory of the remaining
sites, and it appears that three more of the sites removed the cargo containers voluntarily.
There are now five sites on the inventory where non - permitted cargo containers exist and
staff has had no contact with the tenant or property owner.
30
25
2 20
E 15
Z 10
5
0
Chronology of Illegal Sites in City
Prior to After After
4/15/02 4/15/03 2/15/04
Date
-4--- Series1