Loading...
HomeMy WebLinkAbout1988-02-29 Special MinutesFebruary 29, 1988 7:00 P.M. CALL TO ORDER COUNCIL MEMBERS PRESENT OFFICIALS IN ATTENDANCE EXECUTIVE SESSION 7:05 7:30 P.M. PUBLIC HEARING (con- tinued from 2 -1 -88) An appeal by Sunwood Condo Assn. of BAR decision for 54 -unit apt. complex prop. by Gencor, located in 5700 block on SC Blvd., above no. of Denny's Restaurant. TUKWILA CITY COUNCIL City Hall SPECIAL MEETING Council Chambers M I N U T E S Mayor Van Dusen called the Special Meeting to order and excused himself from the meeting due to a conflict of interest, stating his corporationattorney is also the attorney for the applicant. Councilmember Hernandez excused herself from the meeting due to a conflict of interest. She stated she is a homeowner in the Sunwood Condominiums and therefore is a member of the Sunwood Homeowners' Association which is the appellant in this appeal. Council President Harris served as Mayor Pro Tem for the meeting. MABEL J. HARRIS (COUNCIL PRESIDENT), JOE H. DUFFIE, EDGAR D. BAUCH, MARILYN G. STOKNES, JOAN HERNANDEZ (EXCUSED FROM MEETING), DENNIS L. ROBERTSON, CLARENCE B. MORIWAKI. Maxine Anderson (City Clerk), Rick Beeler (Planning Director), John Colgrove (City Attorney), Ross Earnst (City Engineer), Larry Hard (City Attorney), Jack Pace (Senior Planner). MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT THE CITY COUNCIL GO INTO EXECUTIVE SESSION TO REVIEW PROCEDURE IN PUBLIC HEARING FOR BENEFIT OF THREE NEW COUNCILMEMBERS. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY STOKNES, THAT COUNCIL AJOURN THE EXECUTIVE SESSION AND RESUME THE SPECIAL MEETING. MOTION CARRIED. The Special Meeting was called back to order by Mayor Pro Tem Harris, with Councilmembers present as previously listed. Larry Hard, City Attorney, gave a brief overview and referred to the letter dated September 28, 1987 from Sunwood Condominium Assoc- iation (written by Director Ryan S. Thrower) in which they appealed the decision of the Tukwila BAR approving the Gencor apartment complex. Jack Pace, Senior Planner, gave an historical review of the matter and referred to the Minutes of the BAR Meeting held October 22, 1987. He stated on November 16, 1987 the City Council approved a Mitigated Determination of Nonsignificance. On January 29, 1988, Ryan Thrower submitted a letter objecting to the additional information submitted as part of the Mitigated Determination of Nonsignificance. He believed the conditions for the City Council decision were not met. On January 19, 1988, additional material concerning the City Council conditions was submitted to Ryan Thrower for his review. On February 24, 1988, Ryan Thrower was asked if he still had concerns regarding complicance to the Mitigated Determination of Nonsignifi- cance conditions. His response was that the conditions have been met but he still has questions concerning traffic movement on and off Southcenter Boulevard. Mr. Thrower stated he believes the applicant has not complied with TMC 18.52.060 Recreation Space Requirements; there is inade- quate compliance with the City's Comprehensive Land Use Policy Plan; that there is an appearance of fairness violation. Mr. Pace, Senior Planner, continued stating the alleged requirement for covered recreation space or a single purpose permanent facility such as a tennis court is not contained in TMC 18.52.060. Instead the standard is a maximum allowable indoor or covered space of 50% of total recreation space. There is no requirement to provide covered or permanent recreation facilities. Mr. Pace, Senior Planner, stated with respect to inadequate compliance with the City's Comprehensive Land Use Policy Plan, the BAR review guidelines (TMC 18.60.050) do not contain any require- ments for the BAR to review development in compliance with Compre- hensive Land Use Policy Plan. Mr. Pace, Senior Planner, stated details of the challenge of appearance of fairness violation are lacking in the appeal, however the appellant did state a willingness to present these details to the City Council. Mr. Pace stated any challenge as to the appearance of fairness requires that any challenge be raised at the time basis for the challenge is known; otherwise, rights to appeal on TUKWILA CITY COUNCIL SPECIAL MEETING MINUTES February 29, 1988 Page 2 PUBLIC HEARING Contd. An appeal by Sunwood Condo Assn. of BAR decision for 54 -unit apt. complex prop. by Gencor, located in 5700 block on SC Blvd., above no. of Denny's Restaurant contd. that basis are waived. In this case the alleged basis was known during the BAR meeting but not raised at that meeting. The City Attorney also advised that the doctrine applies to only public hear- ings not to public meetings of the BAR. Therefore, the appeal is invalid. Councilmember Moriwaki asked about the traffic light entering the project and referred to the traffic generated by Denny's Rest- aurant and the mini grovery. Jack Pace, Senior Planner, stated this matter was asked by Mr. Thrower in behalf of the Sunwood Condominium Assoc- iation in his letter of January 29, 1988. Their questions were answered by staff. When the applicant requests the building permit the applicant will have to have all of the requirements implemented. Ryan Thrower, Director of Sunwood Condominium Association, 15232 Sunwood Blvd., stated their concerns about the traffic move- ment have not been answered. Larry Hard, City Attorney, stated it was his understanding that the concerns that were raised by Mr. Thrower were discussed with him. In Appendix A of the agenda packet it stated: "On February 24, 1988, Ryan Thrower was asked if he still had concerns regarding compliance to the Mitigated Determination of Nonsignificance conditions. His response was that the conditions have been met but he still has questions concerning traffic movement on and off Southcenter Boulevard. Mr. Pace, Senior Planner, stated all items have been addressed, except the traffic problem. Mr. Thrower stated he does have concers about the traffic. Mayor Pro Tem Harris said the City had had traffic studies and traffic counts. Ryan Thrower, speaking for Sunwood Condominium Association, stated his concern is the traffic study that discusses turns onto South center Boulevard. He wanted to know the basis of assessment? It seems a congested area. Ryan Thrower said his letter of January 29, 1988 was in response to the Mitigated Determination of Nonsignificance dated January 14, 1988. He stated he received response to his letter in the manner of telephone calls and a letter. Ross Earnst, City Engineer, stated he doesn't have information about the turns into Denny's Restaurant and the market. He does have accident reports available. Cris Crumbaugh, attorney for Gencor, stated Mr. Thrower is raising new issues. Steven Friedman, 1633 72nd Avenue SE, Mercer Island, representing Gencor, stated it is his understanding there is a lot of traffic in front of Denny's and the grocery. Gencor has granted an ease- ment to help solve the problem. MAYOR PRO TEM HARRIS OPENED THE PUBLIC HEARING AT 8:25 P.M. Ryan Thrower, 15232 Sunwood Boulevard, asked if his letter of January 28, 1988 was to be discussed during the public hearing. City Attorney Larry Hard said Mr. Thrower submitted his comments. He received data from the staff in reply to his letter. The SEPA hearing was held in November 1987. That process was indepen- dent. In his opinion there is no grounds for appeal from the SEPA. Rick Beeler, Planning Director, stated any appeal to the SEPA decision has to be in court. The traffic study was not required by the City Council. The Mitigated Determination of Nonsignifi- cance was signed by him. TUKWILA CITY COUNCIL SPECIAL MEETING MINUTES February 29, 1988 Page 3 PUBLIC HEARING Contd. An appeal by Sunwood Condo Assn. of BAR decision for 54 -unit apt. complex prop. by Gencor, located in 5700 block on SC Blvd., above no. of Denny's Restau- rant contd. RECESS 8:47 8:56 P.M. City Attorney Hard said the appellant would have to go to the Superior Court to appeal the Mitigated Determination of Nonsigni- ficance. When the building permit is filed it has to fill all of the requirements of the Determination of Nonsignificance. Councilmember Moriwaki said in Mn Thrower's letter of January 29 he refers to his letter as an appeal. No where does it say this is not an appeal. City Attorney Hard said in response to a Mitigated Determination of Nonsignificance comments may be submitted. If someone submits a paper and calls it an appeal it does not create the appeal process. Mr. Thrower said the basis of his appeal of the BAR decision was to try and find out what is being done along Southcenter Boulevard. Also with respect to the "active recreation facilities" what is being done about that? When will the zoning be consistent? Mayor Pro Tem Harris asked Mr. Thrower if his interpretation of the Comprehensive Plan was that each development should have trails, ball fields, tennis courts, etc? Mr. Thrower said it was his interpretation that it should. He said he has seen a decline in the number of recreational facilities in projects. He said he thought there should be active facilities in all projects. He said many of the recreational facilities are uncovered and many are located on a 20% slope. This is not active recreation space. The burden of recreation is falling on others. Mayor Pro Tem Harris said she is the only member of the Council who helped work on the Comprehensive Plan. The idea was not for every block to have a tennis court, a ball field, a trail. The City provides many of these amenities in the public parks. It was not the intent that every development have many recreation facilities. Mayor Pro Tem Harris called for a 5 minute recess. The Special Meeting was called back to order with Councilmembers present as previously listed. Cris Crumbaugh, 1002 South Third, Renton, attorney for the applicant, distributed a brief on the appeal, if it is considered an appeal. He stated the initial application was filed last June. The zoning allows 102 units and the applicant has only 54 units. Mr. Thrower stated the City's zoning should be stricter. Steve Friedman, 11801 NE 160th, Bothell, applicant, said the develop- ment has been through a timely process and it is now a better project. The issues have been discussed with Sunwood. The project is a compact site and care has gone into the design. It is zoned for 102 apartments. Every effort has been made to put the buildings as low as possible, the noise has been buffered. It would be ideal for this to be a greenbelt for Sunwood, but they have bought the property on the basis of what is appropriate for the land. Most of the issues that have come up could be dealt with at staff level. There being no further comments, MAYOR PRO TEM HARRIS CLOSED THE PUBLIC HEARING AT 9:20 P.M. Councilmember Moriwaki said the guidelines are suggestions; perhaps they are not strict enough. The City should have an image of what the City should look like. There is identity to a City that is well planned. Mayor Pro Tem Harris said the Comprehensive Plan was a plan and the zoning laws were there to accomplish the planning. Councilmember Bauch said most of this was caused by the development of Sunwood. Gencor has done a professional noise study. They have also offered an easement for traffic. Councilmember Robertson asked if at the point the building permit is issued can the appellant challenge since an EIS was not issued. City Attorney Hard said it could be challenged. TUKWILA CITY COUNCIL SPECIAL MEETING MINUTES February 29, 1988 Page 4 PUBLIC HEARING Contd. An appeal by Sunwood Condo Assn. of BAR decision for 54 -unit apt. complex prop. by Gencor, located in 5700 block on SC Blvd., above no. of Denny's Restau- rnat contd. ADJOURNMENT 9:45 P.M. Councilmember Robertson said before too many more changes are made, perhaps the Comprehensive Plan should be gone over and also the zoning ordinance. Councilmember Moriwaki said developers are here to make money out of their investment. It is up to the City Council to keep them in check and make sure they meet all of the zoning laws. He thought the Comprehensive Plan should have a good review by the Council. MOVED BY DUFFIE, SECONDED BY STOKNES, THAT THE CITY COUNCIL ACCEPT THE BAR DECISION ON THE GENCOR DEVELOPMENT. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT THE SPECIAL MEETING OF THE CITY COUNCIL ADJOURN. MOTION CARRIED. 16e14„e_ MABEL J. HARRISV R PRO TEM No ma Booher, Recording Secretary