HomeMy WebLinkAboutPermit L98-0100 - ATACS PRODUCTS - CONDITIONAL USE PERMITL98 -0100
LAS VEGAS BOULEVARD CASINO CONDITIONAL USE
14040 Interurban Ave. So.
August 31, 2001
City of Tukwila
Steven M. Nlullet, Mayor
Department of Community Development Steve. Lancaster, Director
TO: Laurie Anderson
FR: Brenda Holt .
RE: Refund (L98 -0100)
• Please refund $850.00 for the land use permit application for the Las Vegas Boulevard Casino. It was
determined that the conditional use permit is not necessary for this project.. Please make the check
. payable to SBD, Inc and I will the Planning Staff forward it to them. I have enclosed a copy of the
receipt for your use.
Thank you.
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Jack/ act, Planning Manager
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6300 South •!ter Boulevard, Suite /1100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206.431 -3665
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SUBJECT:
City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188
TR„owyley _
MEMORANDUM
(206) 433 -1800.
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City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
January 11, 2001
Rick Lentz
Merrick Lentz Architect
1800 — 136th Place N.E., Suite 100
Bellevue, Washington 98005
RE: Las Vegas Boulevard Casino
L98 -0102 (Design Review), L98 -0101 (Shoreline Substantial Development)
L98 -0100 (Conditional Use), E98 -0035 (SEPA)
Dear Rick Lentz:
This letter is in response to your letter of January 9, 2001, faxed on this day, requesting to
continue review of land use permits L98 -0101, L98 -0102, L98 -0100, and E98 -0035, to develop
Las Vegas Boulevard Casino, renamed Big Apple Casino. Your request to continue review of
these land use permits is granted. This extension is valid for 120 calendar days from the date of
expiration, November 22, 2000.
The extension will apply to L98 -0101 (Shoreline Substantial Development); E98 -0035 (SEPA);
and L98 -0102 (Design Review). Permit number L98 -0100 (Conditional Use) will no longer be
required. Ordinance 1917, approved June 14, 2000 by City Council to allow certain house -
banked social card games with up to 15 tables, will supercede the need to submit this permit
application. The Department of Community Development will refund you the fee for this permit
application.
To date, the City of Tukwila has received revisions to the Shoreline Substantial Development and
SEPA Review. Completeness review on these applications is underway. We have not received
your permit application for Design Review. Please submit this as soon as possible. This will
assist us to process your permit applications as expeditiously as possible. Otherwise, you have up
to 120 calendar days from November 22, 2000 to submit the-remaining application, though
extending the time frame of your submittal can delay the approval of the permit applications that
are currently under review. A copy of the comments is attached for your convenience.
This letter also is to clarify the statement you made in your letter, second paragraph, about
building in the river environment, the first forty feet (40 ft) measured from the mean high water
mark. Development in the river environment is allowed, but only the uses listed in Chapter
18.44.130 of the Tukwila Municipal Code. A copy of this section of the code is attached for your
convenience. Redevelopment of an existing structure may also occur in the river environment,
however, the building footprint of the exiting building may not be extended into the river
environment.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
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Big Apple Casino
L98 -0101 (Shoreline Substantial Development); L98 -0102 (Design Review)
E98 -0035 (SEPA Checklist); L98 -0100 (Conditional Use)
Approval to Continue Permit
Page 2
If you have any further questions, you may contact me at 431 -3686, or you may contact Alexa
Berlow, planner in charge of these permits at 431 -3673.
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City of Tukwila John W Rants, Mayor
Department of Community Development Steve Lancaster, Director
January 22, '1999
NOTICE OF INCOMPLETE APPLICATION
Rick Lentz
Merrick Lentz Architect
1800 136th Place NE Suite 100
Bellevue, WA 98005 -
RE: Las Vegas Boulevard Casino
L98 4)101 Design Review;
L98 -0100 Conditional Use
Dear Mr. Lentz:
As we discussed earlier I am treating the SEPA and Shoreline applications separately from the
consolidated Design Review and Conditional Use applications. Please let me know if you have
changed your mind about this approach.
Your Design Review and Conditional Use Permit applications for the Las Vegas Boulevard Casino
located at 14040 Interurban Avenue South in Tukwila have been found to be incomplete. In order
to be complete, the following must be submitted to the permit center:
a. As your site plan is dependent on the land in the Maule Avenue right -of -way, review of
your project cannot proceed until the Public Works Director determines that you have met
the conditions of the "agreement for the exchange and use of real property." This means that
the construction required as part of that agreement must be completed prior to .beginning
this project. I believe that you have corresponded with Bob Giberson from the PW
Department about this issue._
b. In order for you to obtain building permits you must consolidate the four lots that make up
your site by applying and receiving approval for a BLA/Lot Consolidation from Tukwila.
Please submit an application to start this process.
c. Tukwila does not have a standard for the number of parking spaces required for a casino
use. You have approximately 3,900 square feet of casino /card room use in building A that
will likely require more parking than the restaurant standard you have used. Please submit
a parking study that addresses the parking requirements for casino /card rooms in this area. I
understand that you have agreed to complete a traffic study to determine mitigation fees per
Tukwila's Concurrency Ordinance. You may wish to submit the traffic study at the same
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431 -3665
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Notice.of Incompleteness
COPY
Page 2
time as the parking study. At the latest the traffic study will have to be completed and any
required mitigation fees paid prior to issuance of building permits for the project.
d. The legal description on the survey does not include the land across Maule Avenue from the
rest of the site. Please provide an accurate -legal description of the entire site to be
developed.
e. Have the responsible party (architect, landscape architect, surveyor) stamp and sign each
drawing. -
Show a turn- around behind Building B for fire apparatus. Contact the Fire Department for
standards.
Provide a sample board showing the colors and materials to be used on the project.
Provide information about the external lighting fixtures and how the riverbank and adjacent
properties will be shielded from light spillover.
Upon receipt of these items, the City will re- review them for completeness and will mail you
written notification of completeness or incompleteness within 14 days.
I have included review comments from the Building and Parks Departments with this letter. You
do not have to respond to them for completeness, though the issues should be addressed in your
subsequent Design Review and building permit submittals.
These applications will expire if we do not receive the additional information within ninety days of
the date of this letter unless an extension is- granted pursuant to Section 18.105.070(E).
If you have any questions with this matter please call me at (206) 433 -7141.
—
Sincerely,
Nora Gierloff
Associate Planner
CC: Gary Barnett, Public Works
Nick Olivas, Fire Department
Ken Nelson, Building Department
Don Williams, Parks Department
Enclosures.
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- TUKWILA MUNICIPAL CODE
•
18.44.110 General shoreline regulations.
All uses within the shoreline overlay district must
conform to the following general regulations:
1. The use is in conformance with the
regulations of the underlying zone district;
2. The use does not conflict with the goals
and policies of the shoreline master program or the
provisions of the Shoreline Act and shoreline regula-
tions;
3. No structures or accessory facilities shall
be located over the river unless such structure protects
or promotes the public interest;
4. There shall be no disruption of existing
trees or vegetation within the river environment
unless necessary for public safety or flood control, or if
allowed as a part of an approved shoreline substantial
development permit;
5. No effluent shall- be- discharged into the
Green River which exceeds the water quality classi-
fication as established by the State for the adjacent
portion of the river;
6. All State and federal water quality regula-
tions shall be strictly complied with;
7. Wildlife habitat in and along the river
should be protected;
8. All perimeters of landfills or other land
forms susceptible to erosion shall be provided with
vegetation, retaining walls or other satisfactory mech-
anisms for erosion prevention;
9. All necessary permits shall be obtained
from federal, State, County or municipal agencies;
10. Dredging for purposes other than for
navigational improvements or flood control is pro-
hibited;
11. Mining is prohibited along the river
shoreline;
12. Solid waste disposal is prohibited along
the river shoreline;
13. No property will be acquired for public
use without dedication -by or just compensation to the
owner;
14. Landfilling is prohibited within the river
channel unless such landfill is determined by the
Planning Commission to protect or promote the public
interest. -
15. Notwithstanding any provisions of this
Code to the contrary, removal of any cottonwood tree
within the river environment or the low impact
environment, which tree is 12 inches or greater in
diameter as measured 4.5 feet above grade, shall be
subject to the requirements of TMC Chapter 18.54,
Tree Regulations.
(Ord. 1775 §2, 1996; Ord. 1758 §1(part), 1995)
18.44.120 Shoreline overlay - management
environments.
Within the shoreline - overlay district, there are the
following three management environment designa-
tions depending on their distance from the mean high
water mark (see Figure 18 -1):
1. River environment. The area between the
mean high water mark and the low impact environ-
ment, having the most environmentally protective
land use regulations;
2. Low impact environment. The area
between the river environment and 100 feet from the
mean high water mark;
- 3. High impact environment. The area
between 100 feet and 200 feet from the mean high
water mark having the least environmentally protec-
tive land use regulations. It is intended that this area be
aesthetically and architecturally oriented to the low
impact environment.
(Ord. 1758 §1(part), 1995)
18.442130.: Specific- shoreline regulations rivet
environfi ent -1
A. The river environment shall consist of a 40 -foot
wide management zone as measured on a horizontal
plane from the mean high water mark, and shall con-
tain no uses or structures other than the following:
1. Public and /or private footpaths or trails;
2. Recreation facilities such as benches, tables,
viewpoints, and picnic shelters, provided no such
facility shall exceed 15 feet in height;
3. Support facilities for pollution control such
as runoff ponds and filter systems, provided they are at
or below grade;
4. Information and direction signs conforming
to the underlying zoning district;
5. Diking for bank stabilization, erosion con-
trol, and flood control purposes;
6. Bridges;
7— Fire lanes and dike maintenance roads;
8. Plaza connectors between buildings and
dikes, not exceeding the teight of the dike, are permit-
ted for the purpose of providing and enhancing
pedestrian access along the river and for landscaping
purposes.
B. River environment uses shall conform to the
following standards:
1. Access roads, parking or storage areas, the
closest edge of which shall be a minimum of 40 feet
from the mean high water mark;
2. The centerline of railroad lead tracks shall
be located no closer than 40 feet from the mean high
water mark, except where the railroad lead track is
bridging the river;
3. Where the riverbank has been recon-
structed, it shall be landscaped with suitable plant
material consistent with flood control measures to
include large hardy shade or fruit trees, at maximum of
Page 18 -74
Printed June 8, 1999
.j1
30 feet on center, such as maple, alder, poplar, cotton-
wood, sycamore, willow, oak, beech, walnut, ash and
birch, or other species approved by the Director. In
addition, at least one of the following landscape materi-
als shall be used:
a. Live groundcover at a maximum of 18
inches on center,
b. Natural grass,
c. Addition to the existing natural vegeta-
tion where appropriate;
4. Facilities such as pumps, pipes, etc., shall
be .suitably screened with hardy plant material;
5. Utility easements where necessary shall
be landscaped with live groundcover or natural grass
cover.
(Ord. 1758 §1(part), 1995)
18.44.140 Specific use regulations - low impact
environment. •
A. The low impact environment shall contain no
uses other than those allowed in the river
environment and the following:
1. Structures not to exceed 35 feet in height,
excluding utility towers;
- 2. Parking /loading and storage facilities
adequately screened or landscaped;
3. Railroad lead and spur trackage or public or
private roads;
4. Utilities, including towers;
5. Signs not to exceed regulations of the
underlying zoning district sign code.
B. Low impact environment uses shall conform
to the following standards:
1. Structures shall be sited and appropriately
landscaped in accordance with underlying zoning
regulations;
2. Access roads shall be located no closer than
ten feet to buildings, spur tracks or parking/loading and
storage facilities, and the effective setback area shall be
suitably landscaped: This shall not prohibit ingress and
egress points between an access road and the described
• facilities;
3. Parking, loading, and storage facilities shall
be appropriately screened from the river with:
a. A- solid evergreen screen of a
minimum six -foot height, or
b. Decorative fence six feet high. (Note:
Chain link fence shall be slatted and planted with ivy
or other trailing vine except where a safety hazard
may exist.), or
c. Large hardy shade or fruit trees such
as maple, alder, poplar, cottonwood, sycamore,
willow, oak, beech, walnut, ash, birch or other species
approved by the Director at a maximum of 30 feet on
center, or
d. Earth berms at a minimum of four feet
high, suitably planted with live groundcover or natural
grass;
TITLE 18 — ZONING
4. Railroad lead trackage shall be no closer
than 15 feet to parking/loading and storage facilities, and
shall be suitably landscaped.
' (Ord. 1758 §1(part), 1995)
18.44.150 Specific use regulations - high impact
environment.
All uses allowed in the underlying zoning district
shall be allowed in the high impact environment.
(Ord. 1758 §1(part), 1995)
18.44.160 Variances.
Variances shall be processed by the Hearing
Examiner in accordance with the shoreline
regulations.
(Ord. 1796 §3(part), 1997; Ord. 1758 §1(part), 1995)
18.44.170 Appeals.
Appeals of any decision of the Department
regarding granting or denial on shoreline substantial
development permits and any decision of the Hearing
Examiner regarding a shoreline variance may be
appealed to the Shorelines Hearings Board pursuant to
RCW 90.58.
(Ord. 1796 §3(part), 1997; Ord. 1770 §24, 1996;
Ord. 1758 §1(part), 1995)
Printed June 8, 1999
Page 18 -75
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City of Tukwila
Department of Community Development - Permit Center
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188
(206)431-3670
Revision submittals must be submitted in person at the Permit Center. Revisions will not be accepted
through the mail, fax, etc.
Date: 1r,6, Z1 I (%0C
❑ Response to Incomplete Letter #
❑ Response to Correction Letter #
❑ Revision # after Permit is Issued
Plan Check/Permit Number: 11 8 - L 102
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Project Name: 614 L CAc 1NU (5t1 M1Y LAS U EZA'S 61A%'P C6)7•)17-)
Project Address: 1404-0 113 rE- •1'? JE S
Contact Person: R1LX ibui2 Phone Number: .11,5 14) 3'77
Summary of Revision: 1VQED De .Jlr 4,
PO iZ�t Isf JGib E (,J /I K1 4o of 0\102 )) V- S-E0 '45011 -o e\
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Sheet Number(s): A ( �2 A 3 L I C- 3 5U B-) e' (/3 i,L- v61b 1?7411,3)
"Cloud" or highlight all areas of revision including date of revision
Received at the City of Tukwila Permit Center by:
❑ Entered in Sierra on
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. December 15, 2000
MERRICK
LENTZ
ARCHITECT
. Alexa Burlow
•City of Tukwula
6300 Southcenter Boulevard, Suite 100
.. Tukwila, Washington 98188
RE: • Big Apple, Casino -(Renamed — was Las Vegas Boulevard Casino)
L98 -0102 Shoreline Permit
E98 -0035 SEPA Checklist
Dear Alexa:
This letter is in response to_the Notice of Incomplete Application for this project, dated
January 22, 1999. The delay in responding has been caused by the process to vacate
Maule•Avenue, and the recently removed moratorium on casino projects by the city:
..Since both of these issues are now resolved, we would like to continue the review
process.
Plans have been updated to demolish the portion of existing building footprints that lie
within the 40' River Environment. The building elevations have also been modified to
simplify the appearance as discussed earlier. This information is updated with this
response.
One issue still to be resolved is the South 140th Street . improvement, constructed outside
of its right -of -way and lying on the subject property. This application.shows the street
being relocated back to its proper position within the,right -of -way. This, or another
mutually acceptable solution, must be accomplished to allow parking for at least 135
vehicles for the proposed project. This has been an issue since October 1998 and has yet
to be addressed by Public .Works. _
The responses to the Notice are as follows:
Shoreline Permit Items
a. The location of the Ordinary High Water Mark is shown on the plans as directed
by, city staff.
The correct locations of the River Environment, Low Impact Environment and
High Impact Environment are indicated on the plans. The building as redesigned
is less than 35' high in the Low Impact Environment, as shown on the revised
elevations.
1800 - 136th Place N.E., Suite 100
b:
Bellevue, Washington 98005
425/747 -3177 IN FAX 425/747 -7149
E -Mail mlarchitect @isomedia.com
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Shoreline cross - sections are included in the civil engineering drawings.
The engineered storm drainage system and reports are provided.
Plans are stamped and signed by the responsible parties.
The survey has been converted to the NGVD 1929 datum.
SEPA Checklist Items
a. Additional mailing labels are provided as requested:
b. Pages 22 and 23 of the SEPA Checklist are provided.
Thank you for your assistance with this project. We_will now be proceeding with the
consolidated Design Review and Conditional Use applications, and will be bringing these
in to you shortly. '
Sincerely,
MERRICK.LENTZ ARCHITECT
Merrick D. Lentz
Principal Architect
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CONVL3SATION RECOR:.
DATE: tivi,i1 2i)ere
DAY:
TIME: /
TYPE: LI Visit SJ Conf nce El Telephone— 0 Incoming 0 Outgoing
Name of person(s) contdced or in .ntact with you:
FOR OFFICE USE ONLY
Organization (office, dept., bureau, etc.)
Telephone No.:
Location of Visit/Conference:
SUBJECT:
Vef5t4
SUMMARY:
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Title:
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City of Tukvvila John W. Rants, Mayor
Department of Community Development Steve Lancaster, Director
January 22, 1999
NOTICE OF INCOMPLETE APPLICATION
Rick Lentz
Merrick Lentz Architect
1800 136th Place NE Suite 100
Bellevue, WA 98005
RE: Las Vegas Boulevard Casino
L98 -0102 Shoreline Permit
E98 -0035 SEPA Checklist
Dear Mr. Lentz:
As we discussed earlier I am treating the SEPA and Shoreline applications separately from the
consolidated Design Review and Conditional Use applications. Please let me know if you have
changed your mind about this approach.
Your SEPA and Shoreline applications for the Las Vegas Boulevard Casino located at 14040
Interurban Avenue South in Tukwila have been found to be incomplete. In order to be complete,
the following must be submitted to the permit center:
Shoreline Permit Items
a. Show the location of the mean high water mark (MHWM) on the drawings.
b. Show the correct locations of the River Environment, Low Impact Environment and High
Impact Environment on the drawings (see enclosed Figure 18 -1). There is a 35 foot height
limit in the Low Impact Environment, please review the architectural drawings to make sure
that the additions will comply with the standard.
c. Provide two shoreline cross sections at representative locations.
d. This project triggers an engineered storm drainage design. Please provide a conceptual
storm drainage design along with a narrative description of how your project relates to the
Army Corps of Engineers requirements, Department of Ecology Manual and special
requirements of the King County Surface Water Design Manual.
e. Have the responsible party (architect, landscape architect, surveyor) stamp and sign each
drawing.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
Notice of Incompleteness
f.
Page 2
Reference the survey to the NGVD 1929 datum or provide an equation to convert from
NAVD 88 to 29.
SEPA Checklist Items
a. The public notice radius is incorrect, see annotated Assessor's Maps. Please submit 2
copies of the additional labels.
b. Complete the attached pages 22 and 23 of the SEPA Checklist.
In addition, while it is not a completeness requirement, I urge you to start preliminary discussions
with the other agencies with jurisdiction over your Shoreline Permit including King County DNR,
State Department of Fish and Wildlife, State Department of Ecology and the Muckleshoot Indian
Tribe. Your approach to the project is that because you are working within the footprints of the
existing structures no additional riverbank stabilization or habitat enhancement is required. Your
permitting will go more quickly if that approach is accepted by the other agencies.
Upon receipt of the listed items, the City will re- review them for completeness and will mail you
written notification of completeness or incompleteness within 14 days.
These applications will expire if we do not receive the additional information within ninety days of
the date of this letter unless an extension is granted pursuant to Section 18.105.070(E).
If you have any questions with this matter please call me at (206) 433 -7141.
Sincerely,
Nora Gierloff
Associate Planner
CC: Gary Barnett, Public Works
Nick Olivas, Fire Department
Enclosures.
200'
Urban Environment
100'
Impact
Environment
60'
Impact
Environment
40'
River Environment
Mean High -
Water Mark
River
.G iiiiiiiiiiiiiiiiiiiiiiiiiiii Ai .—
200'
Urban Environment
40' _ 60'
River Environment
f ..
Low
Environment
100'
High Impact
Environment
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11
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Not To Scale
City of Tukwila
Shoreline
Management Environments
Figure 18 -1
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TO: Steve Lancaster
Jack Pace
FROM: Deb Ritter
DATE: July 1, 1999
RE: Appeal of Denial of Hardship Waiver
under Gambling Moratorium
Las Vegas Boulevard Casino
14040 Interurban Avenue South
File L99-0037
Ross Radley has been retained by SBD, Inc. to appeal the Council's denial of the hardship waiver.
According to Bob Noe, this appeal will be filed with King County Superior Court under "LUPA" (the Land
Use Petition Act — see RCW 36.70C, attached).
Mr. Radley indicated that the appeal will be filed under the expedited review process (see RCW
36.70C.090). Per Bob, the appeal must be filed within 30 days of the June 7th denial and must be heard
within 60 days of filing. This is a closed record appeal — no depositions or discovery will occur.
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City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188 John W Rants, Mayor
TO: City Council
FROM: Mayor's Office
RE: Appeal of Ordinance 1867 (Hardship Waiver); SBD, Inc.
DATE: May 10, 1999
Enclosed for your pre- review is the Hardship Waiver submitted by SBD Inc. The waiver
pertains to a permit request for the construction of the Diamond Mine Restaurant and
Cardroom. SBD currently owns and operates the Riverside Casino.
Contained within.are the following documents:
1. Staff Report from City Attorney
2. Request for Hardship Waiver under Ordinance 1867, (with enclosure)
submitted by Steven Jones, Attorney for SBD
3. Notice of Public Hearing dated May 7, 1999
4. Ordinance 1867
Please bring this packet to the May 17 meeting. The agenda will contain only the
CAS form and not a re- publication of the enclosed material. The Council is reminded
that this is a quasi-judicial hearing. As such, ex -parte contact should be avoided.
Phone: (206) 433 -1800 • City Hall Fax: (206) 433 -1833
City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188 John W Rants, Mayor
S T A F F R E P O R T
TO: Members of City Council
FROM: Robert F. Noe, City Attorney
DATE: May 7, 1999 ��
�y
RE: Request for Hardship Waiver - Ordinance 1867 Moratorium
I. Request for Exemption and decision criteria.
SBD, Inc. has requested a hearing before City Council pursuant
to Section 8 of Ordinance No. 1867. Ordinance No. 1867. was adopted
and became effective on February 1, 1999. It imposed a six month
moratorium on the filing of applications for business licenses and
development permits for food or drink establishments conducting
gambling activities. .Section 8 of the ordinance provides that, in
the event of "unusual or unreasonable hardships ", a party may
appeal to City Council for an exemption from the moratorium's
effect. A party seeking an exemption must demonstrate "unique
burdens or unreasonable hardships ". Section 8 provides that no
exemption should be granted if it is "contrary to the intent and
purpose of the Ordinance."
Council should keep in mind that parties simply affected by
the Ordinance should not be granted an exemption. The adoption of
Ordinance No. 1867 was a legislative act having city wide impact.
A party seeking an exemption must demonstrate unique or
unreasonable hardships.
II. Quasi - judicial hearing.
Because the request for an exemption relates to one particular
property owner and will affect the rights of that property owner,
the hearing before City Council is considered a quasi - judicial
hearing. Council is very familiar with its duties and obligations
as a quasi- judicial decision maker. Council must remain impartial
and fair throughout the pendency of this hearing. Moreover,
Council must maintain an "appearance of fairness" in addition to
fairness in fact. Council's decision is to be made solely on the
record presented to it at the hearing. Council must avoid all ex
part communications (communications regarding the subject matter of
the hearing outside of the hearing).
Phone: (206) 433 -1800 • City Hall Fax: (206) 433 -1833
•
Staff Report
May 7, 1999
Page 2
III. Facts.
The facts have been presented to the City Council through the
April 14, 1999 letter from Steven Jones, attorney for SBD, Inc., to
City Council requesting the hearing. City Council will also
receive additional facts during the hearing.
For the purpose of providing clarity to the City Council, SBD,
Inc. submitted various development permit applications to the City
prior to the adoption of Ordinance No. 1867. If those permit
applications were "complete ", SBD, Inc. would have "vested" in
those applications and the permitting process would have continued
notwithstanding Ordinance No. 1867. Unfortunately, although SBD,
Inc., clearly indicated its intention to proceed with work on its
proposed establishment, it did not technically submit complete
applications in time to vest and the processing of those permit
applications was discontinued as a result of the moratorium.
SBD, Inc. accurately indicates that it is the only entity with
a pending application for a license before the Washington State
Gambling Commission in the City of Tukwila. Council should note
also that the Golden Nugget, the Silver Dollar, and the 21 Club,
although already in receipt of -state licenses, are affected by the
moratorium, which effectively prohibits each of those clubs from
acting upon their stated desires to expand their current
operations. Similarly, any contemplated future establishments, not
on the state's list, are likewise subject to the moratorium.
IV. Recommendation.
It is recommended that Council deliberate over the information
it has received. Council need not necessarily make a decision on
the same night of the hearing. After deliberations, Council should
direct the City Attorney to draft findings and conclusions
reflecting Council's findings and its conclusion. Those will be
then presented to Council for formal adoption.
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City of Tukwila
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY COUNCIL WILL HOLD A
PUBLIC HEARING ON MONDAY, MAY 17, 1999, BEGINNING AT 7:00 PM IN THE
COUNCIL CHAMBERS AT TUKWILA CITY HALL, 6200 SOUTHCENTER BLVD.,
TUKWILA, WASHINGTON, TO CONSIDER THE FOLLOWING:
A REQUEST FOR A HARDSHIP WAIVER UNDER ORDINANCE NO. 1867
WHICH ENACTED A SIX -MONTH MORATORIUM ON THE FILING OF APPLI-
CATIONS FOR BUSINESS LICENSES AND DEVELOPMENT PERMITS FOR
FOOD OR DRINK ESTABLISHMENTS CONDUCTING GAMBLING ACTIVI-
TIES, INCLUDING SOCIAL CARD GAMES, PUNCH BOARDS, OR PULL TABS.
Applicant: SBD, Inc., 14060 Interurban Ave.; Tukwila, WA 98168.
ANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT TO VOICE
APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS ISSUE. FOR THOSE UNABLE TO
ATTEND THE MEETING IN PERSON, YOU MAY SUBMIT WRITTEN TESTIMONY TO
THE CITY CLERK'S OFFICE UNTIL 5 PM ON MONDAY, MAY 17,1999.
THE CITY OF TUKWILA STRIVES TO ACCOMMODATE PEOPLE WITH DISABILITIES.
PLEASE CONTACT THE CITY CLERK'S OFFICE BY NOON ON MONDAY IF WE CAN BE
OF ASSISTANCE (206-433-1800 OR TDD 1- 800 - 833 - 6388).
c 6-7A
DATED THIS O DAY OF
,1999.
CITY OF TUKWILA
afs't&<
E E. CANTU, CMC
TY CLERK
DATE OF PUBLICATION: SEATTLE TIMES, FRIDAY, MAY 7,1999
F O S T E I. PEPPER & S H E F E L M A N P L L C
A T T O R N E Y S .\ T L A W
April 14, 1999
VIA HAND DELIVERY
The Honorable Wally Rants
The Honorable Pam Carter
The Honorable Joe Duffle
The Honorable David Fenton
The Honorable Jim Haggerton
The Honorable Joan Hernandez
The Honorable Pam Linder
The Honorable Steve Mullet
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Request for Hardship Waiver under Ordinance No. 1867
Dear Mayor Rants and Members of the City Council:
With this letter, SBD, Inc., requests a hardship exemption under City of
Tukwila Ordinance No. 1867, as provided for in Section 8 of that Ordinance. The
effect of such an exemption would be to allow the City to continue accepting
additional submittals and processing the applications of SBD, Inc. for a conditional
use permit, SEPA review, design review and a building permit for the Diamond Mine
Restaurant and Cardroom, Public Works File No. PRE98 -051 (the "Application ").
Ordinance No. 1867, Section 8 provides that
In the event of unusual or unreasonable hardships which may be caused by
the imposition of this moratorium, appeal may be made to the City Council
for an exemption from the moratorium provisions, provided, unique burdens
or unreasonable hardships must be shown to exist by an applicant, and no
exemption shall be granted that is contrary to the intent and purpose of this
Ordinance.
SBD, Inc. has experienced unique and unusual hardships as a result of the
adoption of Ordinance No. 1867. First, it is the only business currently affected by
the moratorium, despite the fact that SBD, Inc. submitted its initial materials relating
to the Application in the fall of 1998, prior to the adoption of the moratorium.
Second, the large investment made by SBD, Inc. in connection with the Application
has been placed at risk by the operation of the moratorium. Finally, SBD's
50089994.01
Direct Phone
(206) 447 -8902
Direct Facsimile
(206) 749 -1962
E -Mail
JoneS@foster.com
IIII THIRD
AVENUE
Suite 3400
SEATTLE
Washington
98xco -3:99
Telephone
(2061447.4400
Facsimile
(106)447-97o=
Website
WWW.FOSTER.CONI
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Washington
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SEATTLE
Washington
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• The Honorable Mayor and
Members of the City Council
April 12, 1999
Page 2
Application is for development of gaming facilities on Interurban Avenue, an area
originally proposed to be exempted from Ordinance No. 1867. Consequently, a hardship
exemption would not be contrary to the intent and purpose of the Ordinance, since
processing of the Application will not result in new gaming facilities outside of an area of
the City in which gaming is already permitted. Each of these reasons will be discussed
below.
The Ordinance Only Impacts SBD, Inc.
Ordinance No. 1867 has had a completely disproportionate impact on SBD, Inc.
As was noted at the public hearing before the Council on Ordinance No. 1867 on March
15, 1999, SBD, Inc. is the only applicant for a permit from the Washington State
Gambling Commission that has a pending application for development within the City of
Tukwila.
Enclosed with this letter is the list of currently pending applications for permits
before the Washington State Gambling Commission. SBD, Inc.'s application appears as
No. 57 on that list. As you can see from a review of this list, there is no other applicant
located within the City of Tukwila, apart from SBD, Inc.' As a result, no other party is
affected by Ordinance No. 1867 — SBD, Inc. is the only applicant whose application is
currently being held in place by operation of the Ordinance.
SBD's position as the only applicant affected by the moratorium is particularly
troubling given the fact that SBD first submitted materials relating to the Application in
the fall of 1998, prior to the adoption of the moratorium. Processing of those applications
was held up by the need to complete parking improvements pursuant to a multi -party
agreement that was signed by both SBD, Inc. and the City. Under that agreement, SBD
was not obligated to either fund or construct those improvements. Nevertheless, it was
the lack of those improvements that prevented SBD's application from being processed
by the City prior to the imposition of the moratorium. A hardship exemption would
enable those improvements to be constructed.
The impact of the moratorium is made worse by the fact that, because SBD is the
only applicant affected by it, the Ordinance is not fulfilling the City's stated purpose of
"ensur[ing] that the location of such uses [i.e. gaming] is consistent with its policies and
purposes embodied in its Comprehensive Plan, Zoning Code and development
regulations." Ordinance No. 1867, ¶ 5. The proposed location for the Application is
Interurban Avenue, which is the site of three existing gaming establishments already.
Based on this proposed location, holding up SBD's Application has not prevented the
1 Applications for the Golden Nugget and the 21 Club, which appear as No. 2 and No. 12 respectively on the
Gambling Commission list, were granted prior to the imposition of the moratorium.
50089994.01
• The Honorable Mayor ann
Members of the City Council
April 12, 1999
Page 3
expansion of gaming into other areas of the City, one of the stated purposes of the
Ordinance. Instead, the only impact of the moratorium has been to impose hardship on
SBD.
SBD, Inc. Faces Financial Risks as a Result of the Ordinance
SBD, Inc. is experiencing severe financial impacts from the application of the
moratorium. SBD, Inc. has spent more than $125,000 on architectural costs, permit
application fees and legal fees in connection with the Application. These payments are
placed at risk by the continued operation of the moratorium and the uncertainty regarding
the development regulations governing gaming within the City. These impacts will be
even more severe if the moratorium is extended for another six months. Particularly
problematic is the fact that SBD, Inc.'s option on the property necessary for the
Application expires on September 1, 1999 and an additional $30,000 option payment is
due under the option agreement on May 1, 1999. The uncertainty created by the
moratorium makes it very difficult to evaluate the advisability of making continued
option payments. Should the moratorium be extended, SBD, Inc. could conceivably lose
its option on the property and be unable to realize any return on the considerable
development costs it has already incurred.
By contrast, as was noted at the public hearing on March 15, 1999, the Riverside
Casino (which is also operated by SBD, Inc.) employs hundreds of people, generating
both tax revenue and income for City residents and others who patronize establishments
within the City. Construction of the Diamond Mine Restaurant and Cardroom will only
expand this economic benefit to the City. In addition, as was noted above, processing of
the Application will enable the construction of adjacent parking improvements. These
improvements were deemed sufficiently important that SBD's original Application was
held up pending their completion. A hardship exemption and continued processing of the
Application will enable these improvements to be constructed.
Processing of SBD, Inc.'s Application Will Not Result in an Expansion of Gaming into
Other Areas of the City.
Approval of the Application would allow construction and operation of a
restaurant and cardroom on Interurban Avenue, on a site adjacent to the existing
Riverside Casino. Interurban Avenue is also the site of the Golden Nugget Casino and
the Silver Dollar Casino. Based on the location of these three existing gaming facilities,
the original draft of Ordinance No. 1867 exempted Interurban Avenue in recognition of
the fact that there were already existing gaming facilities present there. Other
jurisdictions (Auburn and Renton for example) have either exempted certain locations
from similar legislation or have specifically zoned for gaming within a particular location
within those cities. Given the location proposed by the Application, there will be no
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Members of the City Council
April 12, 1999
Page 4
expansion of gaming activities into areas of the City in which gaming facilities are not
already present.
Conclusion
SBD, Inc. is the only applicant currently affected by the operation of Ordinance No.
1867. In addition, the ordinance imposes a significant financial hardship on SBD, Inc. These
two facts constitute an "unusual or unreasonable hardship" created by the operation of the
ordinance. Based on the fact that SBD, Inc.'s Application will not result in expansion of gaming
activities into areas of the City where such facilities are not already present and will enable
construction of parking improvements, a hardship exemption would not be "contrary to the intent
and purpose of [the] Ordinance." Accordingly, SBD, Inc. respectfully requests a hardship
exemption pursuant to Section 8 of Ordinance No. 1867.
Enclosure
Sincerely,
FOS ' ' - ' PER & SHEFELMAN PLLC
Steven G. Jones
Attorney for SBD, Inc., dba Riverside Casino
cc: Steven G. Dowen, President SBD, Inc.
Blake Dowen, Manager Riverside Casino
Bob Noe,.Tukwila;City Attorney.
Jack Pace, City of Tukwila Senior `Planner :_
Deb Ritter, City of Tukwila Senior Planner
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FOSTER PEPPER & S H E F E L M A N P L L C
A T T O R N E Y S A T L A W
March 23, 1999
The Honorable Wally Rants
The Honorable Pam Carter
The Honorable Joe Duffle
The Honorable David Fenton
The Honorable Jim Haggerton
The Honorable Joan Hernandez
The Honorable Pam Linder
The Honorable Steve Mullet
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: City of Tukwila Ordinance No. 1867 and Proposed Expansion of the
Riverside Inn
Dear Mayor Rants and Members of the City Council:
This letter is written as a follow -up to the Public Hearing held on Monday,
March 15, 1999, regarding City of Tukwila Ordinance No. 1867, the moratorium on
filing of business licenses and development permits for food and drink
establishments conducting gambling activities.
As I noted at the hearing, our law firm represents SBD, Inc., the owner and
operator of the Riverside Inn. In addition to my testimony, you also heard testimony
at the public hearing from Steve Dowen, President of SBD, Inc. and Blake Dowen,
Manager of the Riverside Inn. A number of the employees of the Riverside Inn also
testified at the hearing.
As Blake Dowen pointed out in his testimony, based on the applications
currently pending before the Washington State Gambling Commission, there is only
one application affected by Ordinance No. 1867: the Riverside Inn's application for
expansion of its facilities at 14040 Interurban Avenue South. While Ordinance No.
1867 covers the entire City, the moratorium is only impacting the Riverside Inn and
its employees.
S008410901
;'�
The Mayor and City Council
of the City of Tukwila
March 23, 1999
Page 2
As Steve Dowen pointed out in his testimony, the uncertainty created by the moratorium
places him in a dilemma. Mr. Dowen has already expended hundreds of thousands of dollars in
development and option fees relating to his efforts to expand his business, expansion which will
create more jobs and generate additional tax revenue for the City. With the moratorium in place,
Mr. Dowen's investment is placed at risk and the uncertainty created by the moratorium makes it
very difficult to determine whether or not to go forward with the additional expenditures
necessary to complete the expansion.
As I mentioned in my testimony, the owners and operators of the Riverside Inn do not
oppose the City's exercise of zoning authority. Robert Noe, the City Attorney, has been kind
enough to share with me his analysis of the City's authority to continue to exercise zoning
control over gaming establishments within the City limits. I have reviewed Mr. Noe's analysis
and concur with his conclusion that the City continues to possess zoning authority over gaming
within the City limits, notwithstanding the Legislature's amendments to Chapter 9.46 RCW.
The gaming industry has never taken the position that recent amendments to Chapter 9.46
RCW constituted a preemption of the City's power to regulate gaming establishments through
the exercise of its zoning authority. Only the State Gambling Commission has advanced such an
aggressive position. The industry and the City have a mutual interest in the City's reasonable
exercise of its zoning power — the City has an interest in regulating the location of gaming
establishments and making sure that appropriate infrastructure for those businesses is in place.
Conversely, those operating in the industry have an interest in being able to conduct and expand
their businesses in an environment of certainty where the rules relating to development are clear
so that they can plan and develop their businesses within those rules.
Consistent with this interest, Mr. Dowen, myself and Chuck Wolfe from our office
recently met with Jack Pace and Deb Ritter, Senior Planners with the City of Tukwila. Mr. Pace
and Ms. Ritter described the process by which development regulations governing gaming within
the City are being developed. Mr. Dowen offered himself as a resource to the City as those
regulations are developed, to assist staff in creating definitions and requirements for
infrastructure that would be effective and that would accurately reflect methods of operation in
the gaming industry.
I want to reiterate Mr. Dowen's offer to the Council: Mr. Dowen and others at the
Riverside Inn would be happy to assist the City as it creates its development regulations.
However, Mr. Dowen also needs the limited assistance of the City in order to realize some return
on the substantial investment he has already made towards expansion of his business.
SBD, Inc.'s initial applications for expansion of the Riverside Inn were submitted to the
City in the fall of 1998, prior to the adoption of the moratorium. We would propose that those
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The Mayor and City Council
of the City of Tukwila
March 23, 1999
Page 3
applications continue to be processed during the pendency of Ordinance No. 1867, under the
condition that SBD, Inc. agrees to abide by the development regulations relating to gaming that
are ultimately adopted by the City. Completely apart from any gaming- specific development
regulations, design review and processing of SBD's application for a conditional use permit,
shoreline substantial development permit and lot consolidation all still need to be processed by
the City. This review and processing of these applications could be ongoing while development
regulations specific to the gaming operations are being developed.
Consistent with this proposal, we are offering to enter into a development agreement with
the City under Chapter 36.70B RCW. A development agreement would provide the City with
the assurances it desires to make sure that any expansion of the Riverside Inn would conform to
the development regulations the City ultimately adopts, regulations that Mr. Dowen would be
willing to help put together. Under such an agreement, processing of SBD's permit applications
could proceed while the development regulations are being developed. The goal would be that,
when the moratorium expires on August 1, 1999, building and other permits could be issued and
expansion of the Riverside Inn proceed, consistent with the new regulations.
After you have had an opportunity to review this letter, we would invite a response from
the City Attorney or members of the City planning staff regarding whether the City would like to
explore the possibility of a development agreement for expansion of the Riverside Inn.
Sincerely,
FOSTER P • DER & SHEFELMAN PLLC
Steven G. Jones
Attorney for SBD, Inc., d.b.a. Riverside Inn
cc: Steve Dowen, President, SBD, Inc.
Blake Dowen, Manager of the Riverside Inn
Robert Noe, Tukwila City Attorney
Jack Pace, City of Tukwila Senior Planner
Deb Ritter, City of Tukwila Senior Planner
50084109 01
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The Mayor and City Council
of the City of Tukwila
March 23, 1999
Page 4
bcc: Merrick Lentz
Chuck Wolfe
Peter. S. Ehrlichman
City of Tukwila
John W Rants, Mayor
Department of Community Development Steve Lancaster, Director
February 8, 1999
Rick Lentz
Merrick Lentz Architect
1800 136th Place NE Suite 100
Bellevue, WA 98005
RE: Las Vegas Boulevard Casino
Dear Mr. Lentz:
I am writing to inform you that on February 1' the Tukwila City Council passed ordinance 1867
(enclosed) which started a six month moratorium on the establishment of new gambling uses. Like
other communities, the Council is responding to recent changes in state law by seeking time to
explore its options regarding the siting of mini casinos and other gambling establishments. This
action affects your permit applications because they are still incomplete. I have enclosed the
"vesting" section of our Zoning Code.
The City is considering ways to allow you to continue working on some elements of your proposed
project despite the moratorium. For example, you may continue to work to resolve the issues
around the Maule Avenue vacation, file for a lot consolidation for the site, and conduct the traffic
and parking studies. Of course the Council may adopt regulations that prohibit your intended
development, so all work during the moratorium period would be at your own risk and not vest you
with any rights for a gambling use.
If you would like to meet to discuss the project or have any questions please call me at (206) 433 -
7141.
Nora Gierloff
Associate Planner
CC: Gary Barnett, Public Works
Graham Black, City Attorney
Enclosures.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
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DEPARTMENT OF COMMUNITY DEVELOPMENT
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670
CONDITIONAL
USE PERMIT
(P -CUP)
APPLICATION
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1. PROJECT BACKGROUND
A. NAME OF PROJECT /DEVELOPMENT: LPS \i EA Po 4 I-,EVPS'P� CA'LII■1O
B. LOCATION OF PROJECT /DEVELOPMENT:
STREET ADDRESS: I4-040 I N^C U�-- €M / Et1E SO
ASSESSOR PARCEL NUMBER: 3?,(e,590 - 1035 33(40690 - IO214, 33(5SciO - Ifo25
LEGAL DESCRIPTION:
Quarter: 5t A) Section: 14 Township: 2314 Range: 4E. (This information may be found on your tax statement)
C. CONTACT: (Primary contact regarding the application, and to whom all notices and reports shall be sent)
NAME: 1210 L e-TZ -/ ME' i Lk--)1/4Tr2. Afzik "CEG(
ADDRESS: Igor) 13(ch P(.PLE 5UrCE 1CO 1 ELLE VOE tAJA3t-YIN4 -rDIN1 (q 8D05 )
PHONE: 25 -3tii r-A)4. 42S)14--/ - )141
-ter/ i
SIGNATURE: i /ii.� .6i ii DATE:
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CLIPCKLST.DOC 7/5/96
RECEIVED
CITY OF TUKWILA
DEC 2 9 1998
PERMIT CENTER
II.
A. PRESENT USE OF PROPERTY: MpUo\L--Ci�e -It,tGl o5P ow_ .5 j
B. PROPOSED CONDITIONAL USE REQUESTED (FROM LIST IN YOUR ZONING DISTRICT):
RtsT •Will CPv -Qec N1
C. DETAILED DESCRIPTION OF PROPOSED USE (FOR EXAMPLE, DESCRIBE THE MANUFACTURING PROCESSES
USED, WHOLESALE /RETAIL/WAREHOUSE FUNCTIONS, OUTSIDE STORAGE OF GOODS OR EQUIPMENT OR OTHER
INFORMATION WHICH WILL FACILITATE UNDERSTANDING OF THE ACTIVITIES YOU PROPOSED TO DEVELOP ON
THIS SITE: 17P&\EC.-f LAU- COtV V i(L.0 mPjKl106-1UQ -It )tLOIN 'TO
ReSTA0f2AwC 115E W rn Is CAlo Theuz2 feA s -rPfr E fM OI 't
G vo eco a ete,O1,A -f tOK5. ' j c u-1t w Dim efw l t.y, DF FASTING, PPA tk1C�
MZ-EPt Liort\DcAPIKIGI At.0 NhoPL (ciA-Clota To C.IsfiNN 'SO1uPW, E1.VATIoNS.
D. WILL THE CONDITIONAL USE BE IN OPERATION AND /OR A BUILDING TO HOUSE THE USE BE STARTED WITHIN
A YEAR OF ISSUANCE OF THE PERMIT? N(E.5 - P% Pr.P
E. ON A SEPARATE SHEET, DESCRIBE THE MANNER IN WHICH YOU BELIEVE THAT YOUR REQUEST FOR AN
CONDITIONAL USE PERMIT WILL SATISFY EACH OF THE FOLLOWING CRITERIA AS SPECIFIED IN TMC
18.64.030.
1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements
in the vicinity of the proposed use or in the district in which the subject property is situated.
2. The proposed use shall meet or exceed the performance standards that are required in the district it will occupy.
3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and
pedestrian circulation, building and site design.
4. The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan.
5. All measures shall be taken to minimize the possible adverse impacts which the proposed use may have on the area
in which it is located.
CLIPCKLST.DOC 7/5/96
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CITY OrTUKWILA
DEPARTMENT OF COMMUNITY DEVELOPMENT
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670
CONDITIONAL
USE PERMIT
APPLICATION CHECKLIST
The materials listed below must be submitted with your application unless specifically waived in writing
by the Department. Please contact the Department if you feel certain items are not applicable to your
project and should be waived. Application review will not begin until it is determined to be complete.
The initial application materials allow starting project review and vesting the applicant's rights. However,
they in no way limit the City's ability to require additional information as needed to establish consistency
with development standards.
Department staff are available to answer questions about application materials at 206 - 431 -3670.
APPLICATION FORMS:
Application Checklist
❑ Application Form (12 copies) (t)
❑ Other permits applied for:
Conditional Use Fee - $850
❑ Complete Environmental Checklist and fee ($325)
® Design Review application and fee ($900) (if applicable)
PLANS (12 copies):
® Site plan at 1"= 30' or 1" = 20', with north arrow, graphic scale, and date; and the license stamp of the
architect. The following information must be contained on the plan (details may be included on
additional drawing sheets):
3Sf Property lines and dimensions, lot size(s), and names of adjacent roads
O Location and setbacks of existing and proposed structure(s) with gross floor area
O Location of driveways, parking, loading, and service areas, with parking calculations
• Location and design of dumpster /recycling area screening and other exterior improvements
)S? Location and type of exterior lighting
Location and classification of any watercourses or wetlands, and 200' limit of Shoreline
Overlay District
Existing and proposed grades at 2' contours, with the slope of areas in excess of 20% clearly
identified
O Location of closest existing fire hydrant; location and size of utility lines; location and size
of utilities or street/sidewalk easements or dedications
0 Description of water and sewer availability from provider of utility (note which utility district
or City)
Other relevant structures or features, such as rockeries and fences.
N/P. 0 Location of outdoor storage areas and method of screening
CLIPCKLST.DOC 7/5/96
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❑ Landscape/planting p1: at the same scale as site plan, with nL , i arrow, graphic scale, and date;
and the license stamp of the landscape architect. The following information must be contained on the
plan:
Property lines and names of adjacent roads
Location of the following: proposed structure(s), vehicle and pedestrian circulation areas,
dumpster /recycling area, site fumiture, any proposed public outdoor art
NIP\ 0 Existing trees over 4" in diameter by size and species, and any trees to be saved
Proposed landscaping, including size, species, location and spacing.
Building elevations of all building facades at a scale of 1/8" = 1' or 1/4" = 1', with graphic scale and
date. Include on the elevations:
' Dimensions of all building facades and major architectural elements
01 Materials to be used
6 Location and type of exterior building lighting
SI Location of mechanical units and proposed screening where necessary.
One (1) "PMT" (photomaterial transfer, or photostat) each of the plan set, reduced to 8.5 x 11 inches.
OTHER MATERIALS:
Other documentation and graphics in support of the proposal may be included as appropriate, such as
color renderings,. perspective drawings, photographs or models. If other materials are to be considered,
twelve (12) copies of each must be submitted (except models). Color drawings or photos may be
submitted as 8.5 x 11 -inch color photocopies.
N/A ❑ Certificate of Water Availability if the site is served by a water purveyor other than the City.
N/A ❑ Site percolation data approved by the Seattle -King County Department of Environmental Health if the
site is proposed for development using a septic system, or a Certificate of Sewer Availability from the
sewer utility purveyor (if other than the City).
❑ Proof that the lots are recognized as separate lots pursuant to the provisions of TMC Title 17 and RCW
Ch. 58.17.
N/A ❑ Any Sensitive Area studies required by TMC 18.45.
NIA ❑ A list of existing environmental documents known to the applicant or the City that evaluate any aspect
of the proposed project.
N/A ❑ A list of any permits or decisions applicable to the development proposal that have been obtained prior
to filing this application, or that are pending before the City or any other govemmental entity.
fl A storm. water design which meets the requirements set forth in the Surface Water Design Manual
adopted pursuant to TMC 16.54.060(D).
NIR ❑ A soils engineering report for the site.
7) Traffic study or studies, if required pursuant to TMC 9.48.070.
PUBLIC NOTICE:
King County Assessor's map(s) which shows the location of each property within 500 feet of the subject
property.
• Two (2) sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet
of the subject property. (Note: Each unit in multiple - family buildings - -e.g. apartments, condos, trailer parks- -
must be included.) See Attachment A.
❑ A 4' x 4' public notice board will be required on site within 14 days of the Department determining that a
complete application has been received. See Attachment B.
CLIPCKLST.DOC 7/5/96
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MERRICK
LENTZ
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RESPONSE TO
CONDITIONAL USE CRITERIA
AS APPLIED TO THE PROPOSED
LAS VEGAS BOULEVARD CASINO
A RESTAURANT AND CARDROOM TO BE LOCATED AT
14040 INTERURBAN AVENUE SOUTH
December 23, 1998
We believe the criteria as specified in TMC 18.64.030 are satisfied by the following: -
1. The proposed use will not be materially detrimental to the public welfare or injurious to
the property or improvements in the vicinity of the proposed use or in the district in which
the subject property is located.
This use of restaurant with cardroom is compatable with the surrounding uses. There are
three separate casino -type uses immediately adjacent to or across the street from this subject
property. Other nearby uses include office and retail/business uses that are not adversely
affected by the proposed use. The remaining adjacent uses include municipal shops and
yards, and the golf course. The parking and landscaping improvements proposed as part of
this project will be an aesthetic improvement that will provide a benefit to all properties in
the area.
2. The proposed use shall meet or exceed the performance standards that are required in the
district it will occupy.
The development of this property, while primarily a tenant - improvement project, will include
extensive remodeling of the exterior surfaces as well as improvements to the existing parking
areas, plus full landscaping of the subject property around the parking and circulation areas. It
is the intent of this project to provide a desireable use for the residents of the area, and to be
constructed to a high quality that will encourage its use. Although the development will meet
the standards that apply, care will be taken in the design and construction phases to assure a
quality project.
1800 - 136th Place N.E., Suite 100
Bellevue, Washington 98005
425/747 -3177 to FAX 425/747 -7149
E -Mail mlarchitect @isomedia.com
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3. The proposed development shall be compatible generally with the surrounding land uses
in terms of traffic and pedestrian circulation, building and site design.
This project will utilize existing traffic circulation patterns for access into and out of the
property, and will improve circulation for traffic within the site by designating traffic lanes.
Pedestrian circulation will be enhanced by improving circulation within the property, and by
maintaining and enhancing the existing jogging/bicycle trail that has been constructed along
the southwest property edge. The building design is intended to display a realistic presence of
the intended use by presenting the image of a bustling gaming center that is recognizable and
generally acceptable to the public at large. The site design will also enhance the use by
providing landscaping in excess of the minimum requirements, and improving a site that is
currently a non - descript eyesore in the community. History would suggest that a major
improvement to a previously under- developed area will encourage improvements to the
surrounding areas. Since success of the project will depend greatly on acceptance of the use,
it is important to do whatever is possible to encourage improvements in the greater area. It is
believed that by providing a unique presence, this will spur others to do similar work to make
the Interurban corridor more desireable for the public than it is currently.
4. The proposed use shall be in keeping with the goals and policies of the Comprehensive
Land Use Policy Plan.
The use of restaurant is already allowed outright in this zone. The addition of the cardroom as
part of the use is the purpose of requiring Conditional Use approval. Since there are already
several similar uses in the immediate area, this would imply that the proposed use is in
keeping with the necessary policies. The actual use of an assembly area providing food
service and methods of entertainment should meet the policy guidelines as they apply to this
project.
5. All measures shall be taken to minimize the possible adverse impacts which the proposed
use may have on the area in which it is located.
The design and construction phases will satisfy those issues that are development
requirements as mandated by the city. Any inforseen impacts that may occur once the project
is completed will need to be resolved by the operation, as it will be in their best interest to
ensure that there are no adverse impacts that would cause potential patrons to stay away from
the project. There would appear to be no adverse impacts that would be attributed to the
development of the site, so issues would need to be addressed by the operators if they should
arise.
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