HomeMy WebLinkAboutPermit L94-0092 - GREAT BEAR MOTOR INN - BLUE STAR MOTEL SPECIAL PERMISSION" ^.
L94 -0092
BLUE STAR
MOTEL
14420 PACIFIC HY
S
SPECIAL
PERMISSION
TO:
FROM:
DATE:
RE:
City of Tukwila
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PAAAAs
6200 Southcenter Boulevard • Tukwila, Washington 98188
Rick Beeler
Jack Pace
Jane Cantu
April 6, 1994
Blue Star Motel - Request for Waiver
John W. Rants, Mayor
RECEIVED
of E 1994
COMMUNITY
DEVELOPMENT..
Attached is the portion of the verbatim minutes containing the motions made at Monday's
council meeting regarding Blue Star's request for waiver. The remainder of the transcript
should be completed by the end of the week. Again, we're working in -house on both of
Monday's transcripts because our transcriptionist is not available this week.
Based upon Council's motions, the waiver was granted with 9 (nine) conditions as
follows:
cc:
1. Ensure grounds and public areas are clean and well maintained;
2. Install adequate building exterior and site lighting;
3. Install a surveillance camera in the lobby;
4. Require the manager to live on premises, identify the current manager and
provide their work schedule to the Tukwila Police Department if
applicable;
5 Install a sign in the lobby stating that management cooperates with City of
Tukwila Police in any investigation of the property;
6. Require positive identification of all occupants of a room at time of
registration;
7. Photocopy identification at registration and make this available to the
Tukwila Police Department at their request;
8. Incorporate exterior open stairwells into the design;
9. Any or all of these conditions may be removed upon written request of the
Chief of Police, concurrence of the Mayor, and notification to the Council.
John McFarland.
Linda Cohen
Phone: (206) 433 -1800 • City Hall Fay (206) 433 -1833
BLUE STAR MOTEL
PROJECT HISTORY
The proposed project is a 37 -unit, three story motel at
144xx Pacific Highway South.
September 1990 Pre - application conference is held on project.
Staff recommends that the project be re-
designed, and that additional information be
submitted with the revisions.
October 1992
December .1992
January 1993
April 1993
May 1993
June 1993
October 1993
Applicant applies for Board of Architectural
Review (BAR) review.
Letter is sent to applicant reiterating
comments made in 1990 meeting. Staff also
advises applicant that approval of the project
as proposed is unlikely.
City staff meets with applicant's consultant
(Dale Curtis). Discusses specific issues,
including architectural and landscape design.
Goldco Development Inc. takes over management
of the project. Mr. Park of Goldco prepares
new project proposal for the City, responding
to the City's preliminary comments on building
code issues, storm drainage, and architectural
design, among other issues.
Staff meets with applicant on May 21, 1993 to
discuss a number of specific design issues and
concerns.
The Blue Star Motel project is presented to
the BAR at their June 24, 1993 meeting. Staff
recommends that the project be re- submitted to
BAR when specific design concerns are
addressed. Staff also recommends that the
applicant hire a registered architect to
revise the project.
BAR concurs, allowing for continuance and re-
submittal of the project. BAR recommends that
the applicant re- design of the storm water
system and hire a licensed architect or
engineer to revise the project, among other
recommendations.
The applicant hires an architect, Scott
Miller, and a new civil engineer. Staff meets
with the architect over a period of weeks to
revise the project, and reviews changes with
relevant City Departments.
November 1993
December 1993
Applicant submitts a revised project proposal,
which reflects recommendations of staff and
the BAR. The BAR approves the proposal at
their November 18, 1993 meeting, with one
additional minor condition.
The applicant is advised in a letter dated
December 21, 1993 that they may proceed with
"the next stage of project development," but
that a moratorium was adopted December 6, 1993
that applies to hotel and motel projects in
the Highway 99 corridor.
City of Tukwila John W Rants, Mayor
Department of Community Development Rick Beeler, Director
MEMORANDUM.
March' 29, 1994
TO: Mayor Rants
FROM: Rick Beeler, DC
RE: Blue Star Motel Waiver
Per the City Council's request on March 28, 1994, the following list of draft conditions is
provided. This list was mentioned in the public hearing as possible conditions for the
Council's consideration should the Council decide to approve the waiver request.
CONDITIONS:
1. Ensure that grounds and public areas are clean and well maintained.
2. Install adequate building exterior and site lighting.
3. Install a surveillance camera in the lobby.
4. Require the manager to live on premises; identify the current manager and provide
their work schedule to the Tukwila Police Department, if applicable.
5. Install a sign in the lobby stating that management cooperates with City of Tukwila
police in any investigation on the property.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax (206) 431 =3665
Blue Star Waiver Cond. mmo.
Page 2
6. Require positive identification of all occupants of a room at time of registration.
7. Photocopy identification at registration and make this available to the Tukwila Police
Department at their request.
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cc: City Council,
City Attorney,
Diana, Painter,
Scott Miller,
Sean Park
✓
To:
From:
Subject:
Date:
MEMO
Rick Beeler
Diana Painter
Managing motels for crime prevention
March 18, 1994
Rick - I have done some research on this subject, but have not been
able to come up with a solution that is appropriately handled as a
land use issue.
I spoke with the planner for the International Boulevard project in
SeaTac. He said that crime in motels along the Boulevard has never
come up as a issue in the two years that they have been working on
this project.
I spoke with a staff person with the Municipal Research Services
Center. He, incidently, has also worked as a public defender and
civil prosecutor, and he is knowledgeable about the statutes
governing the crimes I mentioned. He said that the problem with
doing something like requiring that identification be on file for
clients of a particular motel is that, on equal protection grounds,
you'd have to apply these rules to all the motels.
He said that there is a criminal code that states that knowingly
allowing prostitution, for example, is a misdemeanor (see
attached). There are similar statutes for drug dealing and other
crimes. As he said, however, it is hard to differentiate between
legitimate and illegitimate uses. Also, you can't do more than
what the law says. He said that, beyond making sure that
surveillance is possible and that site features do not increase the
potential for crime, this is not an area typically handled via land
use. His suggestion was to increase police protection or the
presence of the police in an area.
In my meeting with Sean Park, the applicant's representative, I was
also unable to come up with additional suggestions. His
preliminary feeling was that his client would think that, by
agreeing to a set of management guidelines, he would be admitting
that there are problems with his other property in the area, and
that he would be reluctant to do this. Sean is going to get back
to me, however, with comments the owner may have.
Ideas so far are:
o informal screening of clients (of
one place, they can just move to
o keep identification on file and
information will be shown to the
o put a surveillance camera in the
o hire a security guard for the
community security force.
course, if they can't get in
the next one);
let clients know that the.4 u
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police at their request; ,%���'
lobby;
properties, or develop
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o increase rates for the hotels so that they're not affordable
by certain clientele (although this wouldn't keep out drug
dealers, according to the police).
The problem with charging a surcharge to certain owners, based on
calls to their property, is that, according to the police
department, certain owners and managers will not call the police if
there are problems. This would only exasperate this problem.
Apparently there is a motel /apartment owners group that meets
monthly, and is advised by Karen Wright of Human Services, Tom
Kilburg of the Police Department, and a Vista Volunteer. One
thought I had is that maybe this group could come up with some
management guidelines that the motel community could adopt.
cc Moira Bradshaw
Jack Pace
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City of Tukwila
John W. Rants, Mayor
Office of the City Attorney
MEMORANDUM
TO: Rick Beeler
FROM: Linda P. Cohen,' City Attorney
RE: Blue Star Motel
DATE: March 9, 1994
Linda P. Cohen, City Attorney
The conclusion to deny this waiver is not supported, factually or
legally, by this report.
This report makes a very good argument for the applicant.
Perhaps you and John and I can meet tomorrow a.m. and
collectively we can figure out the best approach. In order to
keep the same recommendation, we will need to meticulously go
through your files and compose a report that looks quite a bit
different from this one. On the other hand, we may want to keep
a similar type report but change the recommendation.
Also, it is unclear whether the policies enumerated in your
report are contained in the existing comp plan or the proposed
comp plan.
LPC /cc
John McFarland
CITYATTY \MEMO \BLUESTAR.001
0016 PS
e RV_.q. d tVED
MAR 091994
dOMIViUN1TY
DEVELOPMENT
6200 Southcenter Boulevard • Tukwila, Washington 98188 • Phone: (206) 433 -1867 • Fax (206) 433 -1833
Applicant:
Proposal:
i
BLUE STAR 'MOTEL
WAIVER APPLICATION
DRAFT
SR 99 Moratorium, Ordinance #1679
Sean Park, Goldco Development Inc., Project Manager
Scott Miller, Scott Miller Architects, Architect
The proposed project is a 37 -unit, three
story motel at 144xx Pacific Highway
South.
PROJECT HISTORY:
This project was first submitted to the City in September of 1990.
A pre - application conference was held at that time, but the
applicant did not apply for Board of Architectural Review approval
until October of 1992. At that time, the same recommendations that
were made in 1990 were made again. The applicant was advised by
staff at that time that the project would probably not be approved
as submitted.
In the spring of 1993 the owner dismissed the architect that had
been preparing the project, and Sean Park of Goldco Development
Inc. was hired to manage it. A new application was prepared by his
staff. Goldco submitted the new proposal to the Board of
Architectural Review in June of 1993, although City staff had
advised him that recommendation would probably not be for approval
of the project as submitted.
The Board reviewed the project at a public hearing on June 24,
1993, and concurred with staff recommendations. They voted for a
continuance and re- submittal of the project, with revisions as
recommended in the staff report. In addition, they recommended re-
design of the storm water system, and that the applicant hire a
registered architect or engineer to prepare the new proposal.
Goldco hired an architect and a new civil engineer, and the project
was substantially revised. The architect . met with City staff on a
number of occasions. Changes made responded to all concerns voiced
by City staff and the Board of Architectural Review.
The project was re- submitted to the Board and heard on November 18,
1993. The Board approved the project as submitted, with one minor
condition.
The applicant was sent a Notice of Decision on December 21, 1993,
stating that they could proceed with "the next stage of project
development." At the same time, they were advised that a
moratorium had been adopted on December 6, 1993 on developments of
this type in the SR 99 corridor. An application for a waiver from
Ordinance #1679 was filed in a timely manner per ordinance #1689.
WAIVER CRITERIA:
Ordinance #1689, adopted February 7, 1994, establishes criteria for
granting a waiver from the restrictions of the SR 99 moratorium.
The criteria are discussed in Section 3 of the ordinance:
Section 3. Waiver. In the event the moratorium creates
an undue hardship with respect to financial, personal, or
other reason, the interested party(ies) may petition in
writing to the City Council. A date to hear that
petition will be set by the Council President. In
considering the petition, the Council will bear in mind
the intent of the moratorium; the best interests of the
City weighed against the interests of the individual; the
circumstances and the hardship caused by the moratorium;
and the damage that could result from strict adherence to
the moratorium.
In response to a letter from the project architect (see attached),
the City advised the applicant to submit further documentation.
This was received March 3, 1994, and is attached here.
DISCUSSION OF CRITERIA:
Intent of the moratorium:
The intent of the moratorium prohibiting certain uses from becoming
established along the Highway 99 corridor is to protect the public
health, safety and welfare of the community, and facilitate a
neighborhood orientation in the vicinity of S. 144th and Highway 99
(see Ordinance #1679). The uses that are prohibited under the
moratorium are motels, hotels, taverns, pool rooms, liquor stores
and night clubs. Denying a waiver to the developer of the Blue
Star Motel would be consistent with the intent of the moratorium.
Interests of the City:
The City is currently revising its Comprehensive Plan, and will
subsequently create a new development code that regulates land
uses, among other aspects of development. In conjunction with this
project, the City issued a Background Report for the Pacific
Highway Land use Element in October 1993. In this document, the
area in the vicinity of the proposed project is identified as a
future community or neighborhood retail area (see below). This is
in contrast to the regionally- oriented activities that currently
occur in the area. It is also envisioned as an area of lower
intensity. It is anticipated that the Comprehensive Plan will be
adopted in April of this year.
Policy 1: Allow a diverse mix of uses including residential,
retail, service, light manufacturing, office, recreation and
community facilities along the corridor with the following
emphasis.
Create a compact Neighborhood Center Between S. 139th St. and
S. 148th St.
Policy 2: Create, through public and private project design
and regulation, a recognizable, compact, pedestrian- oriented
neighborhood center between S. 139th St. and S. 148th St.
Currently, this area is one where there is a concentration of
inexpensive motels that consistently attract and generate criminal
activity, typically drug dealing and prostitution. The Tukwila
Police Department Crime Prevention program indicated that the
nature of activity at any one motel depends on who is managing it,
and the direction they receive from motel owners. Nonetheless, it
is the City's position that, in general, additional motels, hotels,
taverns, pool rooms, liquor stores, nightclubs and similar uses are
potentially detrimental to the public health, safety, morals, and
general welfare in the Highway 99 corridor (see Ordinance #1679).
The proposal contributes to the neighborhood in that it adds a
well- designed project where a vacant lot now exists. It is
therefore consistent with the City's desire to redevelop this area.
The use, however, is inconsistent with the City's vision of this
neighborhood in the future.
Circumstances and hardship:
L
The applicant,, has invested considerable time and money in this
proposal over the years. Most recently, the applicant hired an
architect and new civil engineer, at the recommendation of staff
and the Board of Architectural Review, to re- design and re- submit
the project. Denying a waiver to the applicant for this proposal
will place a financial hardship on the applicant unlike other
property owners affected by the moratorium, due to the fact that
the applicant has invested additional monies in developing the
property at the City's suggestion.
The applicant's situation is also dissimilar to other property
owners affected by the moratorium in that the applicant had
received Board of Architectural Review approval to proceed with the
project, as well as a Notice of Decision from the Department of
Community Development, prior to adoption of the moratorium. The
applicant proceeded on development of construction documents with
the expectation that he would be able to submit for a building
permit once certain specific changes were made to the initial
proposal and Board of Architectural Review approval was granted.
Denying this waiver would place considerable financial hardship on
the applicant, a portion of which can be attributed to inconsistent
actions within the City on this issue.
Damage resulting from strict adherence to the moratorium:
1) Damage to the applicant as a result of denying this waiver is
financial hardship and_an__inability_ to__realize his investment.
Damage to the neighborhood if this waiver is denied could
. e
that this_site_would_remain vacant r one time--due -to t6
configuration. As a vacant _lot, it detracts from the
neighborhood and is an area where the same types of activities
that the ordinance is trying to prevent can occur.
As a developed site it would be an attractive addition to the
neighborhood as proposed. The types of criminal activities
that-the-moratorium- is-- trying to- pr-event_, oweve , could occur
-there if the motel were not properly managed.
RECOMMENDATION:
Based upon the above, it is recommended that the waiver be denied.
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scoff gatewood miller - registered architect
10306 n.e. 10th street, suite 109, bellevue, washington 98004, (206).455-5549
A/24/94
City of Tukwila
DCD/ Building Division
6300 Southcenter Blvd.
Tukwila, WA 98188
re; Blue Star Motel, 'waiver request.
siAN 2 7 1234
Dear DCD/ Building Division and City Clerk, •
Pursuant to the city Council's meeting on January 24, 1994, where
the council voted to ammend Ordinance 1679 to include a waiver request
process, we hereby request a waiver from the six month moratorium on
applications and building permits in the C2 zone for the Blue Star Motel
project located at 144th Pacific Hwy. S., Seattle, WA.(tax/ /0040000150 0).
0040000175 0
P1 ete advise.
Sirjerely
Scott G Miller , architect
(agent for Goldco Development)
cc goldco
cho
file
RECEIVE
,JAN •27.1.994
DEVELOPMENT.
4
City of Tukwila
John W Rants, Mayor
Department of Community Development
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Rants
Rick Beeler, DCD
January 20, 1994
Moratorium on Specific Development Along Highway 99 -
Ordinance No. 1679.
Rick Beeler, Director
On December 6, 1993, the City Council adopted Ordinance No. 1679 to impose a
moratorium on development of certain uses on Regional Business (C -2) zoned properties
in a limited area along Highway 99. In full compliance with Chapter 207 of Laws of 1992
the public hearing on Ordinance No. 1679 was scheduled for January 24, 1994, within 60
days from its adoption. Public notice was posted in the newspaper of record and mailed to
all C -2 property owners of record and the Blue Star Motel design consultants.
This moratorium prevents development, and the issuance of business licenses, for motels,
hotels, taverns, pool rooms, liquor stores, nightclubs and similar uses. The Ordinance
cited the potentiallydetrimental ;effects-�to the pubhc health, safety;' "moralk`andteneral
Welfare ,an `t he`:history, of c riminal activity:along Highway-99 ;, It enumerated various
findings of fact including the history of criminal activity on Highway 99, such as
prostitution, narcotics, liquor law violations and breaches of the peace. The City Council
did not want to exacerbate the criminal activity in this area, and the Council wanted to
preserve the vision of a safe "neighborhood center ", which is part of Tukwila's
Comprehensive Plan that is currently being drafted by the Tukwila Tomorrow Citizen
Committee.
6300 Southcenter Boulevard, Suite 11100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
Compared to other parts of the City, a disproportionate number of motels exist along
(..-
Highway 99. When Tukwila annexed this area, residents expressed grave concern •
regarding the concentration of criminal activity in this neighborhood. Those concerns
have continued and have been expressed by residents throughout the City, largely because
of the criminal activity and police resources required to respond.
Pursuant to the Growth Management Act (GMA), the City is updating its Comprehensive
Plan and development regulations. That process includes initial drafting of the Plan by the
Tukwila Tomorrow citizen committee. The committee earmarked the general area along
Therefore, significant potential exists that the prohibited uses of Ordinance No. 1679,
if allowed to multiply, would seriously impede the ability to create a "neighborhood .
center".
DATE OF
ORIGINAL HEARING:
DATE OF
CONTINUATION:
APPLICANTS:
PROJECT PROPOSAL:
REQUEST:
PREVIOUS ACTIONS:
RECOMMENDATION:
ATTACHMENTS:
STAFF REPORT
Prepared March 21, 1994
TUIKWILA CITY COUNCIL
March 14, 1994
March 28, 1994
Sean Park, Goldco Development Inc.
Scott Miller, Scott Miller Architects
The proposed project is a 37 -unit, three story motel at 144xx
Pacific Highway South
A waiver from Ordinance #1679, in order to submit for building
permits
Board of Architectural Review approval, June 24, 1993
Approval, with conditions
A.
B.
C.
D.
E.
F.
G.
H.
I.
Staff Report
Notice of Decision
Waiver request from Scott Miller Architects
Request for additional documentation from City Clerk
Request for continuance by DCD
Acknowledgement of continuance by Goldco
Development
"Notice of Appeal" from Goldco Development
Ordinance #1679
Ordinance #1689
•
4, ,
BLUE STAR MOTEL
WAIVER APPLICATION
SR 99 Moratorium, Ordinance #1679
PROJECT HISTORY:
This project was first submitted to the City in September of 1990. A pre- application
conference was held at that time, but the applicant did not apply for Board of Architectural
Review (BAR) approval until October of 1992. At that time, the same recommendations
that were made in 1990 were made again. The applicant was advised by staff that the
project would probably not be approved as submitted.
In the spring of 1993 the owner dismissed the original project architect, and hired Sean Park
of Goldco Development Inc. to manage the project. Goldco submitted a new proposal in
June of 1993. At that time, staff recommended design changes and stated that the project
would probably not be approved by BAR as submitted. The applicant elected to appear
before the BAR without the recommended design changes and despite staffs advice.
The Board reviewed the project at a public hearing on June 24, 1993, and concurred with
staff that the proposal should be revised per staff recommendations. In addition, they
recommended re -design of the storm water system, and that the applicant hire a registered
architect or engineer to prepare the new proposal.
Goldco hired an architect and a new civil engineer, and substantially revised the project.
The architect met with City staff on a number of occasions. Changes were made that
responded to all concerns voiced by City staff and the BAR. The project was heard again
by the BAR on November 18, 1993. The Board approved the project as submitted, with one
minor condition.
The applicant was sent a Notice of Decision on December 21, 1993, stating that they could
proceed with "the next stage of project development." At the same time, they were also
advised that a moratorium had been adopted on December 6, 1993 on developments of this
type in the Highway 99 corridor. An application for a waiver from Ordinance #1679 was
filed in a timely manner by the applicant per Ordinance #1689.
WAIVER CRITERIA:
Ordinance #1689, adopted February 7, 1994, establishes criteria for granting a waiver from
the restrictions of the Highway 99 moratorium. The criteria established in Section 3 of the
ordinance are re- stated below:
Section 3. Waiver. In the event the moratorium creates an undue hardship
2
with respect to financial, personal, or other reason, the interested party(ies)
may petition in writing to the City Council. A date to hear that petition will
be set by the Council President. In considering the petition, the Council will
bear in mind the intent of the moratorium; the best interests of the City
weighed against the interests of the individual; the circumstances and the
hardship caused by the moratorium; and the damage that could result from
strict adherence to the moratorium. (Emphasis added)
DISCUSSION OF CRITERIA:
Intent of the moratorium:
According to Ordinance #1679, the intent of the moratorium is to prohibit certain uses from
increasing along the Highway 99 corridor, to protect the public health, safety and welfare
of the community, and facilitate a neighborhood orientation in the vicinity of S. 144th and
Highway 99. Uses that are prohibited under the six-month moratorium are motels, hotels,
taverns, pool rooms, liquor stores and night clubs. The ordinance states that allowing further
development of these uses in the corridor would cause substantial detriment to the future
vision of this area.
Discussion:
The uses prohibited by the moratorium are considered regional retail uses under the City's
zoning code. Tukwila's Comprehensive Plan, however, is currently being revised. It is
anticipated that the zoning implementing this plan will be adopted next year. Preliminary
comprehensive plan policies indicate that the regional orientation associated with the uses
named in the moratorium are not desirable in the future. Denying a waiver which would
enable the applicant to proceed with construction of a motel is consistent with the intent of
the moratorium to facilitate a neighborhood orientation in this area.
Historically (since annexation in 1989/1990), hotels and motels in this area have been
associated with various criminal activities, including prostitution, drug dealing and drug use.
An additional motel in this area may result in increased criminal activity, due to its proximity
to other establishments where these activities occur. Denying the waiver is consistent with
the community's goals to protect the public health, safety and welfare of its citizens.
Another solution, however, is to propose conditions on the motel operations with the
intention of minimizing potential criminal activity.
Interests of the City:
As discussed above, the interests of the City as stated in the draft comprehensive plan
policies for this area lie in developing a neighborhood focus for this area and discouraging
the regional retail uses that were established here prior to annexation, including those
3
specifically named in the moratorium. The policies below, from the October "Background
Report for the Pacific Highway Land Use Element," articulate the goals for the area:
Policy 1: Allow a diverse mix of uses including residential, retail, service, light
manufacturing, office, recreation and community facilities along the corridor with the
following emphasis:
Create a compact Neighborhood Center Between S. 139th St. and S. 148th St.
Policy 2: Create, through public and private project design and regulation, a
recognizable, compact, pedestrian - oriented neighborhood center between S. 139th St.
and S. 148th St.
Policy 5: Change the land use designation from general commercial to a mixed -use
category for the commercial area between S. 139th St. to S. 148th St.
Discussion:
The proposed motel contributes to the neighborhood in that it adds a well - designed project,
of appropriate scale, where a vacant lot now exists. In this sense, it is consistent with the
City's desire to redevelop this area. Conversely, the use is inconsistent with the City's vision
to redevelop this area with a neighborhood, rather than regional, orientation.
Circumstances and hardship:
The applicant advises that considerable time and money has been invested in this proposal
over the years (see Project History). Delays in obtaining BAR design approval have been
due to the applicant's response to what is the City's typical design review process. This may
have resulted in greater project costs in design development, materials and construction
methods than the applicant originally anticipated. The process, however, resulted in a
project which meets City of Tukwila standards, which is the intention of design review.
Discussion:
There are two possible implications for the applicant if this waiver is denied. If the project
is delayed, the applicant may endure financial hardship due to delays in construction. If the
project is further delayed until after adoption of new zoning, and new zoning prohibits this
use, the applicant may endure financial hardship by not being able to develop this particular
project on this site.
The applicant will be presenting additional information on this item at the public hearing,
and bears the burden of demonstrating financial hardship as a result of the moratorium.
4
Damage resulting from strict adherence to the moratorium:
Damage to the applicant:
Strict adherence to the moratorium may result in damage to the applicant due to the fact
that the applicant cannot apply for a building permit and proceed with the project. The
applicant would be further delayed, and possibly prohibited, from developing the project.
Damage to the neighborhood:
If this waiver is denied and the site remains vacant, the impetus for redevelopment in the
neighborhood, begun by Larry's Market, could be slowed. If the waiver is approved and the
project is built, the same types of activities that occur at several neighboring properties may
also occur here, and the neighborhood could potentially be damaged from increased crime.
Therefore, if approved conditions imposed on the motel operations become an important
consideration to Lessen or discourage that damage.
Damage to the city:
If the waiver is approved, the project built, and criminal activity increases, the City may
suffer damage from additional outlays of time and resources policing the area and
prosecuting those arrested for criminal activities. Accordingly, if the waiver is approved, the
motel operation needs to be conditioned to discourage that criminal activity.
OPTIONS
The primary concern of the City is protecting the health, safety and welfare of its
inhabitants, while facilitating redevelopment of this area with a community and
neighborhood orientation. Again, the specific criteria of the waiver are the intent of the
moratorium, the interests of the city, circumstances and hardship for the applicant, and
possible damage resulting from strict adherence to the moratorium.
In addition to weighing the factors discussed in this report against the waiver criteria, the
Council in their deliberation should take into account the following:
o the current zoning of this parcel for regional commercial use;
o the proposed comprehensive plan policies for neighborhood commercial use;
o the history of the project and previous City actions, including BAR actions;
o the history of the area; and
o the presentation of the applicant in this public hearing.
Based on these factors the Council has three options: to deny the waiver, approve the
waiver, or approve the waiver with conditions.
5
/„
City of Tukwila
John W. Rants, Mayor
Department of Community Development Rick Beeler, Director
NOTICE OF DECISION
December 21, 1993
Mr. Sean Park
Goldco Development Inc.
31205 Pacific Highway South
Federal Way, Washington 98003
Re: Notice of Decision by the Board of Architectural Review
File Number: L92 -0084
Dear Mr. Park:
This is to confirm that the Board of Architectural Review (BAR)
approved this project at their November 18, 1993 meeting, with one
condition in addition to the condition recommended in the staff
report. This additional condition is that the Board would like to
review the sign proposal before it is .approved (see attached
meeting minutes). This requirement does not prevent you from
proceeding with the next stage of project development.
Please be advised, however, that there is a moratorium on certain
types of development within the Highway 99 corridor, including the
hotels and motels. This moratorium was established by the City
Council on an emergency basis on December 6, 1993. It is scheduled
to expire in six months at this point in time. I have attached a
copy of the ordinance here for your information.
Please feel free to call me if you have any questions.
Sincerely,
64/
J =ck Pace
Senior Planner
ATTACHMENT B
6300 Southcenter Boulevard, Suite #100 • Tukwila. Washlneton 98188 • 12061 431-3670 • Fax 1206) 4,31-Ahhs
_.. .. . ... .. .
scoff gatewood 11 i I Ier - registered architect
10306 n.e. 10th street, suite 109, bellevue, washington 98004, (206) 455 -5549
1/24/94
City of Tukwila
DCD/ Building Division
6300 Southcenter Blvd.
Tukwila, WA 98188
re; Blue Star Motel, waiver request.
RECOVED
JAN . 2 71994
ern` OF f 11i� trbir.
Gen,* CLERK
Dear DCD/ Building Division and City Clerk,
Pursuant to the city Council's meeting on January 24, 1994, where
the council voted to ammend Ordinance 1679 to include•a waiver request
process, we hereby request a waiver from the six month moratorium on
applications and building permits in the C2 zone for the Blue Star Motel
project located at 144th Pacific Hwy. S., Seattle, WA.(tax/ /0040000150 0).
0040000175 0
P1 ewe advise.
Scott G Miller , architect
(agent for Goldco Development)
cc gol dco
cho
file
ATTACHMENT -C
City cfTukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188
February 17, 1994
Scott G. Miller, Architect
10306 NE 10th Street, Suite 109
Bellevue, WA 98004
RE: BLUE STAR MOTEL, REQUEST FOR WAIVER
Dear Mr. Miller:
John W. Rants, Mayor
Per . our telephone conversation this afternoon, your request for a waiver to the six
month moratorium established by Ordinance No. 1679 will be heard by the City
Council on Monday, March 14, 1994. The meeting will begin promptly at 7 p.m.
Further discussion of the waiver process/waiver criteria issue has been tentatively
scheduled for February 28th. If you're interested in attending, please contact me
after February 24th to confirm the agenda.
If you have documentation you would like to have included in the council agenda
packet for the March 14th meeting, please submit it to my attention by March 7th.
In the meantime, if you have any questions, you may contact Rick Beeler, Director,
Department of Community Development (DCD), at 431 -3681.
Copies of Ordinances 1679 and 1689 are enclosed for your information.
Sincerely,
e E. Cantu
ity Clerk
cc: R. Beeler, DCD
Enclosures: Ord.# 1679 & 1689
ATTACHMENT D
Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833
'
City of Tukwila
Department of Community Development
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Rants
Rick Beeler, DCD,
March 10, 1994
Blue Star Motel Waiver
John W. Rants, Mayor
Rick Beeler, Director
A public hearing on Blue Star's waiver request is schedule for Monday, March 14, 1994.
I respectfully request a continuance of the hearing for two weeks in order for staff to fully
discuss the matter with the applicant. I have spoken with the applicant's representative
concerning this request and the issues, but will not receive a response until after the
Council packet is published. It is in the best interest of all parties to have the continuance
so that the matter fully matures for consideration by the Council.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188. • (206) 4313670. • Fax (206) 4313665
'Quality Builder & General Contractor'
GOLDCO DEVELOPMENT, INC.
February 28, 1994
Attn: Rick Beeler
City of Tukwila
DCD/ Building Division
6300 Southcenter Blvd.
Tukwila, WA 98188
RE: Continuity of city council meeting
Dear Mr. Beeler:
31205 PACIFIC HWY. S.
SUITE (2ND FLR)
FEDERAL WAY, WA 98003
TEL: (206) 946 -6188
FAX:(206) 946 -1768
We agreed to two weeks continuity of the city council meeting from
March 14, 1994 to March 28, 1994 for waiver of ordinance at Blue
star Motel.
If you need more information regarding above project please contact
us immediately.
Sincerely,
1, J
Owner / Representa ive
cc: Mr. Young Cho
Scott Miller
RECEIVED
MAR 14 1994
COMMUNII -Y
DEVELOPMENT
Quality Builder & General Contractor'
GOLDCO DEVELOPMENT, INC.
February 28, 1994
31205 PACIFIC HWY. S.
SUITE (2ND FLR)
FEDERAL WAY, WA 98003
TEL:(206) 946 -6188
FAX:(206) 946 -1768
RE Cy,a vy D
MAR -3 1994
CITY OF T UKvvILA
CITY CLERK
Attn: Director of the Department of Community Development and
City Attorney office
City of Tukwila
DCD/ Building Division
6300 Southcenter Blvd.
Tukwila, WA 98188
Subject: Notice of Appeal (Ordinance No. 1689)
Blue Star Motel 14440 Pacific Hwy. So. Tukwila, WA
Dear Director of the Department of Community Development and City
Attorney:
As a process of appeal to City of Tukwila Ordinance No. 1689,
Goldco Development Inc. has prepared outline of building permit
approval work for Blue Star Motel (Case No. L92- 0084).
This project has mainly three attempt to get an approval from City
of Tukwila. The outline is chronologically laid out.
Goldco Development Inc.
cc: Mr. Young Cho
Scott Miller
Diana Painter / DCD
ATTACHMENT G
N O T I C E O F A P P E A L
ORDINANCE NUMBER: 1689
PROJECT NAME: Blue Star Motel
PROJECT LOCATION: 14440 Pacific Hwy So., Tukwila
OWNER: Young Cho
14442 Pacific hwy So.
. Seattle, WA 98168
(206) 244 - 9930
ARCHITECT:
Dale Curtis
916 so. 310th pl
Federal Way, WA 98003
(206) 946 - 0715
STRUCTURAL ENGINEER: Atlas Consulting Engineers
18904 82nd N.E.
Bothell, WA 98011
CIVIL ENGINEER:
CONTRACTOR:
Sprout Engineers
24066 NE 53rd P1.
Redmond WA
(206) 868 - 0917
Goldco Development Inc.
31205 Pacific Hwy So.
Federal Way, WA 98003
(206) 946 - 6188
Pre application meeting with City of Tukwila on September 6, 1990
Construction Document completed with civil plans on February 16,
1991
Revision submitted to City of Tukwila on April 22, 1991
New Elevations were added on June 10, 1991
New Structural portion was added on July 30, 1991
N U T I C E O F A P P E A L
ORDINANCE NUMBER: 1689
PROJECT NAME: Blue Star 'Motel
PROJECT LOCATION: 14440 Pacific Hwy So., Tukwila
OWNER: Young Cho
14442 Pacific hwy So.
Seattle, WA 98168
(206) 244 - 9930
PROJECT MANAGEMENT: Goldco Development Inc.
31205 Pacific Hwy So.
Federal Way, WA 98003
(206) 946 - 6188
DESIGNER:
Goldco Development Inc.
31205 Pacific Hwy So.
Federal Way,' WA 98003
(206) 946 - 6188
STRUCTURAL ENGINEER: Atlas Consulting Engineers
18904 82nd N.E.
Bothell, WA 98011
CIVIL ENGINEER: Sprout Engineers
24066 NE 53rd P1.
Redmond WA
(206) 868 - 0917
CONTRACTOR: Goldco Development Inc.
31205 Pacific Hwy So.
Federal Way, WA 98003
(206) 946 - 6188
April 12, 1993 Goldco notified to the City of Tukwila
involvement of Goldco Development Inc. as a
project manager. Submitted revised plans.
May 7, 1993
Contact the City of Tukwila by letter requesting
for review result from last submittal. It has
been 4 weeks since the City of Tukwila received
the revision when they said they will get to
Goldco with in two weeks.
May 31, 1993 Submitted all the materials for Board of
Architecture Review
14
June 24, 1993
.�.�.'�
8:00 P.M. Public Hearing (BAR)
Conclusion - Postponed to July 15, 1993
July 15, 1993 8:00 P.M. Public Hearing (BAR)
Conclusion - resubmit with revision
N O T I C E O F APP E A L
ORDINANCE NUMBER: 1689
PROJECT NAME: Blue Star Motel
PROJECT LOCATION: 14440 Pacific Hwy So., Tukwila
OWNER: Young Cho
14442 Pacific hwy So.
Seattle, WA 98168
(206) 244 - 9930
PROJECT MANAGEMENT: Goldco Development Inc.
31205 Pacific Hwy So.
Federal Way, WA 98003
(206) 946 - 6188
ARCHITECT:
CIVIL ENGINEER:
Scott Miller 455 -5549
10306 N . E . 10th St Ste 1 1 0
Bellevue, WA 98004
Wilson & Associates Consulting Engineers
26621 S.E. 172nd St. Issaquah, WA 98027
(206) 392 - 8996
ELECTRICAL ENGINEER: Engineered Electrical Systems
612 Bellevue way NE #201
Bellevue, WA 98004
(206) 454 - 5440
LANDSCAPE ARCHITECT: Heier Design Group
612 Bellevue way NE #200
Bellevue, WA 98004
(206) 451 = 8001
CONTRACTOR:
Goldco Development Inc.
31205 Pacific Hwy So.
Federal Way, WA 98003
(206) 946 - 6188
Schedule to have another Public Hearing (BAR) November 18, 1994
Scott Miller as the project architect revised the design according
to the City of Tukwila code and recommendation past two months
On november 18, 1993 Public hearing was held and it concluded with
approval on the design proposal. It is ready to submit for a
building permit.
The city Council passed Ordinance No. 1679.
January 24, 1994 request waiver on Ordinance No. 1679.
scoff gatewood miller - registered architect
10306 n.e. 10th street, suite 109, bellevue, washington 98004, (206) 455 -5549
1/24/94
City of Tukwila
DCD/ Building Division
6300 Southcenter Blvd.
Tukwila, WA 98188
re; Blue Star Motel, waiver request.
Dear DCD/ Building Division and City Clerk,
Pursuant to the•city Council's' meeting on January 24, 1994, where
the council voted to amend Ordinance 1679 to include a waiver request
process, we hereby request a waiver from the six month moratorium on
applications and building permits in the C2 zone for the Blue Star Motel
project located at 144th Pacific Hwy. S., Seattle, WA.(tax/ /0040000150 0).
0040000175 0
P1 se advise.
Si er.ely
Slott G Miller , architect
(agent for Goldco Development)
. cc goldco
cho
file
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City of Tukwila
Washington
Ordinance No. /6 % 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
RELATING TO LAND USE AND ZONING IN THE C -2 ZONE ALONG HIGHWAY 99
FROM S. 137TH TO S. 154TH ST.; ESTABLISHING A MORATORIUM ON ACCEPTANCE
OF APPLICATIONS FOR, AND ISSUANCE OF, NEW BUSINESS LICENSES AND
BUILDING PERMITS FOR CERTAIN USES; AND DECLARING AN EMERGENCY.
WHEREAS, specific experiences of Tukwila with the motels, hotels, taverns, pool rooms,
liquor stores and night clubs located along Highway 99 have been counter to neighborhood livability
and public health and safety; and
WHEREAS, the previous experience of this City with these land uses, the potential enactment
of State regulatory legislation, and the pending development of a new Comprehensive Plan and certain
implementing zoning regulations by the City, require that the City thoroughly consider all aspects of
zoning and business regulations relating to these land uses; and
WHEREAS, in the absence of a moratorium, new applications for such business licenses and
building permits could establish certain rights to locate in the Highway 99 neighborhood contrary to
the intent of the City Council to carefully and thoroughly provide for the appropriate locations and
regulations; and
WHEREAS, the new Comprehensive Plan at this time envisions a neighborhood activity area
which is substantially different from the current regional retail focus of Highway 99, and substantial
detriment to this vision would be caused by allowing contrary land uses; and
WHEREAS, the City Council therefore finds that the protection of the public health, safety
and welfare requires establishment of the said moratorium;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA HEREBY
ORDAINS AS FOLLOWS:
Section 1. Findiggs of Fact. Based upon public testimony and other evidence presented to it,
the Tukwila City Council makes the following Findings of Fact:
A. The land uses defined and regulated hereinafter are potentially detrimental to the public
health, safety, morals, and general welfare of the citizens of Tukwila and, therefore, such activities
must be prohibited until the new Comprehensive Plan or Zoning regulations can be reviewed and
adopted.
B. The history of criminal activity in the Highway 99 area has included prostitution,
narcotics and liquor law violations, breaches of the peace and the presence within the land uses of
individuals with hidden ownership interests and outstanding arrest warrants.
C. In order for Tukwila to effectively protect the public health, safety, morals, vision, and
general welfare of the Highway 99 neighborhood it is important that Tukwila prevent these land uses
from increasing in the neighborhood.
D. The new Comprehensive Plan is scheduled to be reviewed, heard and adopted by, the
City Council in 1994. The Plan, as currently drafted by the Tukwila Tomorrow Committee, envisions
a neighborhood orientation between at least S. 137th St. and S. 148th St of neighborhood scale land
uses and living environment, and the City Council is considering extending the neighborhood
orientation from S. 148th St. to S. 154th St.. The existing regional orientation of the prohibited land
uses is contrary to and detrimental to achieving this vision.
ATTACHMENT H
(
,Sermon 2. SEPA Exemotion. Pursuant to Tukwila Municipal Code Ch. 21.04, and
Washington Administrative Code 197 -11 -880, the City Council finds that an exemption under SEPA
for this action is necessary to prevent an imminent threat to public health and safety and to prevent an
imminent threat of serious environmental degradation through continued development under the
existing regulations. SEPA review of any permanent regulations proposed for replacement of this
moratorium shall be conducted.
Section 3. Effective Period of Moratorium. The moratorium shall be effective immediately
upon adoption of this ordinance and shall continue in effect for six months, unless subsequently
repealed, modified, or extended after a subsequent public hearing and entry of appropriate findings of
fact pursuant to Chapter 207 of Laws of 1992, by the City Council.
Section 4. Duties of City Clerk. The City Clerk shall immediately transmit a true copy of
this ordinance to the Director of the Tukwila Department of Community Development. Tukwila shall
immediately cease accepting any new applications for development or licenses relating to motels,
hotels, taverns, pool rooms, liquor stores and nightclubs and similar land uses. The moratorium shall
cover those areas described in attachment A.
Section 5. Public Hearing. Pursuant to Chapter 207, Laws of 1992, a public hearing on the
moratorium established by this ordinance was held before the City Council on December , 1993.
Section 6. Severabilitv. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 7. Effective Date. The City Council finds that a public emergency exists necessary
for the protection of the public health, public safety, public property or public peace. Accordingly,
this ordinance shall be effective immediately upon its adoption pursuant to RCW 35A.12.130.
PASSED BY THE CITY 9UNCIL OF T CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day•of ■e.ar.g/ 1993.
A TEST /AUTHENTICATED:
r<1a e E. Cantu, City Clerk
APPROVED AS TO FORM:
44c 0). &7;
J fi JV. Rants, Mayor
By1-
Office of the City Attorney
FILED WITH THE CITY CLERK: /o? • —
PASSED BY THE CITY COUNCIL: j,2 _ _
PUBLISHED: /91. — /0- ? 3
EFFECTIVE DATE: 6 _. 53
ORDINANCE NO: /677
moraord 12107/93
I1.
33
MORATORIUM BOUNDARIE
ZONED C-2 REGIONAL RETAIL
ATTACHMENT A
Mig
•
•
SUMMARY OF ORDINANCE NO. /6 77
�.
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO LAND USE AND ZONING IN
THE C -2 ZONE ALONG HIGHWAY 99 FROM S. 137TH TO S.
154TH ST.; ESTABLISHING A MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE
OF, NEW BUSINESS LICENSES AND BUILDING PERMITS
FOR CERTAIN USES; AND DECLARING AN EMERGENCY. ,
On /01- 6 ' 9 3 , the City Council of the City of Tukwila passed Ordinance
No. /lam 7 1 , establishing a moratorium on acceptance of applications for, and issuance of,
new business licenses and building permits for certain uses in the C -2 zone along Highway. 99
from S. 137th to S. 154th St.; and declaring an emergency.
The full text of .this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of is - - 4/..3
Published Seattle Times 12/10/93
� •
E. Cantu, City Clerk
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
ORDINANCE NO. 1679 WHICH ENACTED A
MORATORIUM ON DEVELOPMENT OF CERTAIN
USES IN THE C -2 ZONE ALONG HIGHWAY 99 FROM
S. 137TH STREET TO S. 154TH STREET; ESTABLISHING
PROVISIONS FOR A WAIVER PROCESS, DEFINING
VESTED RIGHTS, AND ESTABLISHING A PROCESS
FOR APPEAL.
WHEREAS,' on December 6, 1993, the City Council passed Ordinance No. 1679
declaring a moratorium on development of certain uses in the C -2 zone along Highway
99; and
WHEREAS, the City Council wishes to amend Ordinance No. 1679 to include a
waiver and appeal process; and
WHEREAS, Ordinance No. 1679 was passed as an emergency ordinance effective
immediately, and to prevent the hardships referred to, it is necessary that this
ordinance be effective immediately;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 1679 is hereby amended to add the following new sections:
Section 3. Waiver. In the event the moratorium creates an undue hardship with
'respect to financial, personal, or other reason, the interested party(ies) may petition in
writing to the City Council. A date to hear that petition will be set by the Council
President. In considering the petition, the Council will bear in mind the intent of the
moratorium; the best interests of the City weighed against the interests of the
individual; the circumstances and the hardship caused by the moratorium; and the
damage that could result from strict adherence to the moratorium.
Section 4. Vested Rights. The moratorium created by this ordinance does not
apply to properties with vested rights on the date of enactment of this ordinance.
"Vested Rights" shall be defined in accordance with Washington State case law as those
properties which have submitted to the City a fully completed building permit
application which is in compliance with the zoning and land use codes in effect on the
effective date of this ordinance.
Section 5. Administrative Determination. Administrative determination
regarding the interpretation and application of this ordinance shall be made by the
Director of the Department of Community Development (DCD). Any aggrieved party
may appeal such a determination to the City Council by filing a Notice of Appeal with
the City Clerk within 10 days of the date of the determination. The City Council shall
consider the appeal at a public hearing within 30 days thereafter. The decision of the
City Council shall be final and conclusive.
ATTACHMENT 1
Z,
Section 2. Severability. If any( ion, sentence, clause or phrase. of this or .ice
should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance shall take effect and be in force immediately
upon its passage as an emergency ordinance in order to amend Ordinance No. 1679,
which establishes a moratorium on development on certain uses in the C -2 zone along
Highway 99.
PASSED BY THE CITY COUNCIL OFJHE CITY C �T ,IiNILA, WASHINGTON,
at a Regular Meeting thereof this i' c day of � . �G-4 ` f ,
1994.
ATTEST /AUTHENTICATED:
ne E. Cantu, City Clerk
APPROVED AS TO FORM:
By/�_._
Office of the City Attorney
FILED WITH THE CITY.CLERK: 2 - - 9 V
PASSED BY THE CITY COUNCIL: . 7 - `j V
PUBLISHED: .2 -- i5 = 4,4'
EFFECTIVE DATE: <2 -7 9
ORDINANCE NO.: /
moramen 01/26/94
/ cJ
SUMMARY OF ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1679 WHICH
ENACTED . A MORATORIUM ON DEVELOPMENT OF
CERTAIN USES IN THE 0-2 ZONE ALONG HIGHWAY 99
FROM S. 137TH STREET TO S. 154TH STREET;
ESTABLISHING PROVISIONS FOR A WAIVER PROCESS,
DEFINING VESTED RIGHTS, AND ESTABLISHING A
PROCESS FOR APPEAL.
n �
7g the City Council of the .City of Tukwila passed Ordinance
No. • )) , amendir : • dinance No. 1679, which declared a moratorium on development
of certain uses in the C -4 zone along Highway 99; to establish provisions for a waiver and
appeal processes, define vested rights, provide for severability, and establish an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of e.? 'l /%,�
E. Cantu, City Clerk
Published, Seattle Times: February 9947'.,g4t,
Verbatim Transcript - Quasijudicial
Request for waiver to Ordinance 1679
(ivloratoriutn) -Blue Star Motel
Tukwila City Council Committee of The Whole Meeting
March 28, 1994
PUBLIC HEARINGS
Council President Steve Mullet: OK, at this time we'll ao into our public hearings and the first
one will be the Request for Waiver to Ordinance 1679, Moratorium, Blue Star Motel. Joe.
Joe Duffle: Ok, before we do that we need to make the Council aware of this because I have
talked to one of the owners up there. I think his name is Mr.Kim. He called me a couple of
weeks ago and....he's not here? oh, it the next one. Pardon me.
Mullet: Is Linda around?
Mayor Rants: Yes.
Mullet: Do we have any consensus on how much time we need for the parties involved in this?
Rants: I did not talked to them this evening, Steve. You can, You can use an issue of time or
fairness, or you can ask the applicant how time he needs and then the rebuttal can be the same.
Mullet: Is the applicant here?
Rants: They are.
Mullet: How much time do you think you'll need to present your....
(A representative of Blue Star responds from the audience, but is not using a mic): Probably
approximately a half hour to forty five minutes.
Mullet: Rick, is that....
Rick Beeler: Ours is much shorter.
Mullet: How many citizens do we have signed up to speak on this issue, do we have any? Are
we having citizen's comments on this?
Beeler: Yes, this is Quasijudicial.. There may be some here that did not know that they needed
to sign up.
Mullet: Are there any citizens out there who had intended to speak on this issue?
Speaker: (Speaking without mic, somewhat unclear): You mean the issue regarding Blue Star?
Mullet: Yes, Blue Star Motel.
Mullet: Ok, at this point and time then we'll go ahead with forty five minutes.
Joyce Craft: Steve, I have a disclosure. A couple a weeks ago, I got a telephone call at home
from he owner of, not the Blue Star, but the motel next door, requesting to talk to me and I told
him that this was quasijudicial hearing and I would not be able to discuss it. And the telephone
conversation ended at that time. Also, just as a matter of record, I was on the Planning
Commission when the Blue Star came before the Planning Commission but I was not on the
Planning Commission when they approve this project. I don feel that there is any conflict of
interest there but I just wanted to state that.
City Attorney Linda Cohen: Is anyone else has any appearance of fairness issues or ex -pane
contacts. They should be disclosed at this time. And hearing no challenges with respect to any
of the councilmembers, if everyone who is planning on testifying during these proceedings stand
and raise their right hand.
(Those testifying stood.)
Cohen: Do you affirm the facts you're about to give in this matter to be the truth?
(Participants responded, Yes.)
Mullet: I guess that covers this for the preliminaries then. At this point and time I will open the
public hearing on the Blue Star Motel. Rick, are you going to start us off?
Beeler: Yes, and I will be brief. Excuse me. This is the first waiver application you've had to
consider under the Moratorium Ordinance #1679 enacted along Hwy 99 for C -2 Zoned
properties. The request before you tonight is from the Goldco Development, Inc. The packet
was sent to you earlier and presenting the staff's report will be Diana Painter from the
Department. I think this is the first time she's appeared before you on a land -use issue and so
with that I'll introduce her to her.
Diana Painter: Thank you. As Rick said, I will be representing an application for a waiver
from the moratorium to ...the moratorium on certain types of buildings...land uses in the 99
corridor. The project that the applicant represents is a 3 -story, 37 unit motel on Hwy 99 at about
144th, more or less across from Larry's Market. And for your reference, I've pup a couple of
drawings from the application on the board there. The one shows the facades, and the other
shows a site plan that shows a relationship of the building to the site. On the colored plan, Hwy
99 is on the left hand side there, to give you bit of an orientation.
Cohen: You can mark that as Exhibit #1 or refer to that as Exhibit #1 and the one that is left as
Exhibit #2.
Painter: OK, I'm going to give a brief presentation tonight. This is essentially a summary of
what appears in the staff report and the attachments to the report. I'll discuss very briefly the
criteria established by the City Council to assess, to judge applications for the moratorium. This
is staff's interpretation of the criteria and its application to this particular project. The full
ordinance is in your attachment "I" for your reference. I will also discuss some of the additional
circumstances that might be considered by the Council in there assessment of this project which
2
are also in the staff report under the options section. We have not presented a recommendation
at this point and time. We anticipate that the applicant is going to further elaborate on one of the
criteria in particular tonight and that should influence your assessment of this project. We have,
however, researched some of the issues that we felt were at the heart of this project that are of
the Council's concerns and we've drafted some preliminary conditions that might address these
concerns if the Council is interested in discussing these further. On November 18 of last year,
the applicant received a Board of Architecture Review approval for this project with one minor
condition. At that time a Determination of Non - Significance was also issued for the project.
The significance of this is that there are no mitigation members....measures necessary to meet the
requirements of the State Environmental Policy Act. At this point and time typically an applicant
proceeds with developing construction drawing and applying for a building permit . On
December 6 of this last year, the Council passed a six -month moratorium on projects for these
types of land uses in the 99 corridor. Other projects that the moratorium applies to are hotels,
taverns, and pool halls. Under the circumstances of the moratorium, the applicant is effectively
prevented from applying for a building permit until June of this year. According to the
Ordinance #1689, a criteria by which the applicant can obtain a waiver from this moratorium are
as follows and this is also in your staff report: In considering the petition, the Council will bear
in mind the intent of the moratorium, the interest of the City weighed against the interest of the
individual, the circumstances or hardships caused by the moratorium and the damage that could
result from strict adherence to the moratorium. And like I said I'll go very briefly through the
staff's interpretation of the significance of this criteria in reference to the application. First the
intent of the moratorium as stated is to protect the health, safety and welfare of the community
by prohibiting certain types of uses historically associated with criminal activity in the Hwy 99
corridor; and to facilitate a neighborhood orientation in this area, consistent with the goals of the
draft Comprehensive Plan. The second criteria are the interest of the City. As stated in the
preliminary Comprehensive Plan Policies, the interest of the City are to encourage
redevelopment with the neighborhood reorientation. The use proposed here is considered a
Regional Commercial Use under current zoning. In this respect, it's possible that the...this use
would not be allowed under the proposed Comprehensive Policies. The design of the project,
however, is consistent with the stated policies which are reiterated in the staff report. The third
criteria is circumstances and hardship. Another criteria by which an applicant can apply....can
qualify for a waiver under this ordinance depends on the circumstances of specific project and
potential hardship incurred by the applicant under the waiver. This hardship can be financial,
personal or other according to the ordinance. Obviously, the denial of this waiver prevents the
applicant from applying for a building permit which of course delays his project. This is the
area in which I anticipate the applicant will be talking in more detail. The fourth criteria is
damage resulting from strict adherence to the moratorium. As interpreted by staff, we looked at
potential damage....damage in potentially three different areas: one to the applicant, to the
neighborhood and to the City as a whole. Damage to the applicant was touched on briefly, and
like I said, I expect that the applicant gonna talk about this in more detail. Damage to the
neighborhood could be that this site would remain vacant if the project is not developed which
could not be consistent with Comprehensive Policy Plans for three developments this area. On
the other hand, if this project is developed and the types of criminal activities historically
associated with projects of this types in that area, i.e. motels in the corridor become prevalent
here, the neighborhood will suffer from increased crime in the City as a result will suffer from
increased demand on their police services and associated services. That in summary is our
interpretation of the criteria of the ordinance. Like I said we did work on some conditions that
we felt would mitigate the....what we felt were the....some of the primary concerns
3
of the Council with respect to this area. And I would be glad to discuss that if the Council
desires. Are there any questions at this tinie'?
Mullet: Joan.
,loan Hernandez: I have a question. Does a business license for a motel allow rental by the
week and month in addition to by the day?
Painter: I'm not aware of any criteria or any information on the business license that goes into
that kind of detail on any particular business. There is only three or four areas where they
question operation of a business.
Mullet: Any other questions? Ok, thank you. Does that conclude your staff presentation?
Beeler: Yes.
Dennis Robertson: Did we open the public hearing yet.
Mullet: Yes.
Robertson: Sony.
Mullet: Does the applicant want to come forward now, I guess it's your turn.
Scott Miller: Do I do the name routine?
Mullet: Yes.
Miller: Scott Miller, address is 10306 NE 10th, Suite 110, Bellevue 98004. I'm here on behalf
of .... to speak in favor of the waiver of the moratorium for the Blue Star Motel and I want to
touch on some things briefly. I'm not sure how familiar the City Council is with this entire
evolution of this project. I believe you've probably been briefed and read over the materials so
you can probably get a pretty good understanding of what's been happening for the
last....closing in on four years now. There is other members of the ....of the....the owner and
other members will also like to speak to this and I guess they will also have to be sworn in
separately or whatever. A couple of things that I would like to tough on tonight would be the
we completely understand the concerns of the Council in terms of the safety and crime issue
related to motels and hotels not only in this area but in many areas. And I guess that's probably
the single, biggest concern of everybody's including ours. And I wanted to take the opportunity
to not only speak for the owner but the entire design committee of this project that we have spent
many, many years substantial and substantial thousands of dollars designing and re- designing
this project in order to meet the concerns of the City, of Tukwila staff members as well as ,
hopefully, the councilmembers. As you know this started in 1990. Various different iterations
of the design have progressed along. And we got final design approval on November 18, then a
few weeks later it was the the moratorium was voted in. I want to tell you and we have
studied very closely the moratorium conditions or why it was voted in place and we felt that we
have met, through the City, all those concerns of yours did not come up between November 18
and December 21. We feel that these concerns have been an ongoing issue. So we felt that with
4
our work with the Police Department, Fire Department, and the Building design review staff that
we have addressed all those issues that were of concern to the Police Department, and we have
changed the design of the project as well as the overall appearance to the street and every single
specific requirement from the City of Tukwila staff to various different meetings, actually,
many, many different meeting over the years in this project. The owner has even stated the
willingness to comply with the possible requirements that would be additional to approval with
conditions I guess you have stated. I notice none of you actually asked about those conditions so
I assume at this point you know those conditions. I guess it was in the staff report. So if they
are interested in a conditions with approval they are there. The only question they may have is
the based on constitutionality of #7 in that list. I think I can state for the owner that they are
willing to go over backward. And I think i:'s been out by the perseverance of their commitment
to this project to make a good project for the City of Tukwila to address the concerns of the City
in regards to health safety issues. And in fact, if you read the staff report and I work with the
staff at the City of Tukwila, the project actually does fit into the future Comprehensive Plan
requirements as likely to be adopted. And a couple of minor things that will be spoken to more
and that is the substantial commitment of dollars this project over the last three years. I can
speak for certain the architectural related fees and engineering fees coming to close to $40
thousand dollars at this point,. and to the fact that the owner's willingness to upgrade this project
from the initial design to the new design of probably between $50 thousand to $100 thousand
more in costs and design refinements and design materials. So I'd like you to be aware of that
situation. And lastly the project itself does not necessarily breed crime. We feel that a project
of this kind as an upgraded motel it has met many different design requirements in order to be
not your standard dump that along there that breeds crime and that it's a larger more nicely
will be a large, more nicely managed motel than some of the other ones that are in the area. And
I think that would conclude my basic comments at this point.
Mullet: Was there anybody else from your team that was going to
Miller: Actually, I believe so.
Mullet: (Referring to the next speaker), did he stand before?
Cohen: State your name and then I will swear you in.
Young Cho: My name is Young Cho. My address is 914 South 191st Street, Federal Way,
Washington 98003.
Cohen: You wanna raise your right hand and anyone else who is going to give testimony, they
can stand and raise their right hand at this time. "Do you affirm the facts you are about to give
in this matter to be the truth ?"
Mullet: Say "I do."
Applicants responded, "I do."
Cho: First of all I have a few English. I yet afraid to talk to your City Council. I like my best. I
come over here United States. I really appreciate this country. This country really big
opportunity country and beside all other equal opportunity. And we like to come over here and
5
achieve our American dream just like any other person. They come over from Europe or from
Asia. Just 1 come over here working hard and any other person '. e tr. two times, three
times more '.corking. And we like observe all kind of law over the United States. And we
cooperation improve our community and we like the cooperation with the Police Department
and any other department we like to any time a day required to us we like to help the and clean
the community. And beside, before you this evening we like to consider our situation. And
after we started this one around 1990, we waiting almost four years for....we put in a lot of
energy and we put in a lot of money. We don't want to but I like to consider our experiencing
energy and the time and the monies, we like ask, would you please consider this to. Thank you.
Mullet: Thank you.
Yes, my name is John Kim, 31205 Pacific Hwy South, Federal Way, Washington. I'm the
representative of the property owner. Also, I'm at Goldco Development, Inc. This time I have
three considerations to City Council or the City of Tukwila. Our understanding is 99
moratorium ordinance passed City Council at December 93 and only has been (unclear)
anyhow started in King County almost four years ago there has not been allowable time used.
Lot of money spend developing. So three years and four years is not short time. That's a long
time (unclear) Asia or Europe, it doesn't matter. They spent money. They like to try
developing but I understand (unclear) until got to pass ordinance at the City Council. So
the City of Tukwila request and require owner provide or architect provide almost four years.
This come about almost four years. They just architect & design approval was in November
1993. Just about 3 & 4 weeks later the City Council passed an ordinance and moratorium. So
owner and property property owner and architect developed a team we didn't know that we
have allowed some type of psychological drop. So anyhow, ya know, this time they use about 3
or 4 years in a time span and lots of money and lot of team members, ya know, some kind of
feeling is dropped. So there expenses and money however is not an additional thing. It's the
land value, if not they build motel or hotel it's land value, ya know. Market cost is a little down.
I don't know how much is down for the market value because hotel and the motel is a lot
expense than apartment what they appraised. Those properties are all'different price. It's more
than $8 dollars or $10 dollars for the motel and hotel site. But apartments sell like $4 or $5
dollars (unclear) buy $10 dollars plus $10 dollars capital. Another item is if this do not pass this
time for this project, I think my personal opinion is maybe couple years or maybe 4 or 5 years or
10 years cannot develop. But I understand that in my personal opinion, it's not just developing
just the state. cross here is could be a little more fancier, a little more hotel -type, City require
some safety, special requirement form the owner make the development more nicer or just to
stay non - developing and just to stay like that, which is better for the City or citizenship or some
people that property not far from the International Airport. So that why we have to look at that
(unclear) so to spend money more money and the more it cost the City to not have the
developing, then it better to stay currently in my personal opinion. So please understand that
before the decision of the City Council and the people. What is better for the City of Tukwila or
the people. So at this time we just please understand and approve for this project and allow
provide for detail plans. So this is my explanation. Thank you very much.
Mullet: Thank you. Anybody has any questions before we go back to
Craft: I have a question. I'm sorry, your name
6
Kim: My name is John Kim.
Craft: Kim. Mr. Kim, How long have you been with the project?
Kim: We have since, we take a Goldco ta_ t a project about 1992.
Craft: Are you with Goldco
Kim: Yes.
Craft: Because it seems to me I remember that actually this first came to the City and then the
owner got all new architect or the owner didn't bring it back. for some period of time. Is that
when Goldco got involved?
Kim: Yes. First time was in 1990 which is property owner and the previous architecture or
designer. I don't know if they had been following City requirements or not. Since 1992 we take
project. Before the 1992 we don't know really past history.
Craft: I guess what I'm getting at is that the Project kind of changed during those 4 year
periods. It wasn't just continuously going forward, it changed in the level of managing teams
change, architect change or whatever. Is that correct?
Kim: Yes, we did since 92, no, since 90 and that over about past the 3 or 4 years, I think we
changed design maybe almost 3 times and we changed the team 3 times so any more detail some
of things are lot history and hard to explanation about sometime. Thanks.
Craft: Ok, thank you.
Mullet: Any other questions of this applicant? Rick, did you wanna did you have more to
say on
Beeler: In terms of rebuttal?
Mullet: Yea. Could we go through those conditions?
Dennis Robertson: I'd like to formally request the if the staff has conditions, if they would
recommend if we were to approve this exception. I guess I'd like to have those presented and
explained.
Beeler: Yea, our purpose was for you to debate the central issue of whether or not you were
going to approve the moratorium waiver and if you decided to approve it then we were prepared
with some options of conditions that you could consider in that attaching to the approval.
Robertson: No, our procedure has been to listen to the presentations and the arguments and
rebuttals and wait a week in which gives us time to consider all the issues before we deliberated.
I would prefer to have those conditions, have time to read and study those prior to the
deliberation, which doesn't fit with your plans I guess.
7
City Administrator John McFarland: Dennis, what we wanted to do was to allow you to decide
what you wanted :o do. If the Council wants the conditions before they so into deliberations we
are certainly prepared to give those to you. And these are minimum conditions that we think
would be appropriate should the development be approved. We didn't want to get into a
situation where t% e were directing the Council towards approval with conditions.
Robertson: Ok. I personally, I think the conditions are important and the decision on whether
by itself right now to grant the exception or not however I would like time to study them before
proposing is part of the
McFarland: We 're prepared to do whatever the Council wants to do in that regard.
Robertson: I'd recommend, Steve, to the Council that we have the conditions presented perhaps
after the rebuttals. if there are rebuttals.
Beeler: What we '11 do is provide those conditions. I want to make just a couple of comments
then Diana will be up here. She's gonna run through the conditions, list them for you verbally
and then we will supply those to you in writing following this. Scott Miller was reading
referred to a list that we had, in fact, talked to the applicant about so that the applicant as well
has seen these conditions and there may be some more that you, after reading these, may think of
as well. But those are the ones that we could think of in the time we had. I just like to make one
point here that's very important to this application and that is that there are two distinct phases of
this project of development of the Blue Star Motel. The first phase is what went on in the Board
of Architecture Review(BAR) process. That process netted a decision by the BAR. As
Councilwoman Craft indicated by in her questions that review process took several turns and
some revisions and that is not altogether uncommon for a BAR process for a project to be
redesigned. And we understand that took some time. The preapplication was in 1990. That
doesn't start anything, that just start from the time they talk to us application, formal application
for BAR was made approximately two years later. I'm not going to go through that history
that's in the staff report. But the point I want to make is that there are costs associated with
preparing this application for BAR. They were denied once and they had to come back and
redesign. And they did that and there were costs associated with that. The proceeded at their
risk. That was not our advice for them to proceed in that manner. Our advice is to make some
changes and then go to the BAR and the applicant chose not to do that. The bottom line is , is
that the moratorium is the second phase of this development and the hardships, circumstances,
etc. the moratorium waiver criteria all related to that process. It does not relate to what went on
in the BAR process. The hardships associated with this application is that of proceeding passed
that. And that typically is to go into the a plan review building permit and proceed with
construction if that building permit is granted. And that second part-- hardship proposed by the
waiver for the applicant to proceed to the building permit process is what's at issue here tonight.
And with that I'll have Diana talk about the conditions.
Craft: Could I just question you about the BAR is what allowed your department then to
send a letter stating that building could continue according to certain conditions, is that right?
Beeler: Yes. Right. We issue, after a BAR, a decision, a, what's called a notice of decision
which says to the applicant and to the parties of record that this is a decision that was made by
the BAR and also indicates what the next step for that applicant is.
8
Craft: And that was the first go -ahead to continue to the next step?
Beeler: Yea.
Craft: OK.
Mullet: Rick, while you're up there and before we get into the next phase, can you explain the
timing between the BAR's decision which was substantially to approve the application which is
basically on November 18 and your response to them that they proceed which was on December
21 why there was such a long span in there.
Beeler: There is a 14 day appeal period in there between the time of BAR takes action and
when that decision becomes final. During that 14 day an appeal can be made. That appeal
comes up to you.
Mullet: OK, that takes care of half of it. His 30 some days between there
Beeler: I don't know, maybe Diana has a better answer than that, do you recall?
Painter: What I'd like to do is make sure that the conditions reflect exactly what the BAR
established and so personally I'd like to get the minutes of the meeting before I write the letter to
make sure that I remember correctly what the conditions....the phrasing of the conditions that the
Board voted on so that could account for additional two week delay there. Needless to say
usually it's not an issue.
Mullet: Yea, I suspect it's not, I just the timing and we're always, ya know, kinda focused
here on certain things but there is a timing here that between a BAR with a moratorium in the
middle and then a letter going back from you that they could proceed and I was just curious
about that. They kinda got stuck in the middle by my
Painter: Like Rick said, there is a two -way appeal period there at It was approved on the 18,
the moratorium was passed on December 6. I'd have to see a calendar to count the days in there.
But procedurally, we need to send them a notice of decision by the time the City Council put
into effect the moratorium. It made it more of a procedural sort of activity but none the less it
needs to be done. It needs to be documented in the file that, ya know, that this step was like I
said I'd have to look at the timing I'd have to look at a calendar.
Mullet: I guess she gets to proceed then.
Painter: I will like Rick said we worked on some conditions that we failed to recognize the
heart of the issue here which is the history of criminal activities and these kinds of uses on 99.
So we were looking into ways that an operation a motel like this could be operated or could
be constructed designed and constructed that would insure a little more, I guess surveillance
and maybe accountability might be appropriate word for project such as this. Like Rick said, we
worked with the applicant on this and worked with Scott Miller representing the applicant based
on his knowledge of what's called a defensible design. And worked with the Police Department
actually I'd worked with the Police Department all along and design approval of this and asking
9
them some very specific questions about lighting and landscaping a surveillance and that kind a
thing. And then got some information from outside sources as well and based on that researched
put together a number of conditions that by no means conclusive, but these are some ideas that
we had: 1) Insure the grounds and public areas are clean and well maintained; 2) Install
adequate building exterior and site lighting, which by the way, we are satisfied that this proposal
does that adequately; 3) Install a surveillance camera in the lobby; 4) Require the manager to
live on premises, idendify the current manager and provide their work schedule to the Tukwila
Police Department, if applicable; 5) Install a sign in the lobby stating that management
cooperates with the City of Tukwila Police Department and any investigation on the property;
6) Require positive identification of all occupants of a room at the time of registration; and 7)
Photo copy identification at registration and make this available to the Tukwila Police
Department at their request. Questions?
oe Duffie: Yea, I have have they seen that?
Painter: Yes, they did see this. Like I said we worked with them on developing the. list and a
letter went to both Sean Park of Goldco and Scott Miller, the Architect's listing the _ .. ..
summarizing our .
conversations sort a speak. .
Duffie: And they agree with it?
Painter: Not necessarily. This was a letter to inform them of the conditions we came up with as
a result of our conversation.
Duffie: In other words you've had no response to themon that?
Painter: They have said in their public testimony earlier on that the the; the owner I may
be speaking, ya know that the owner was interested in cooperating with the City.
(Someone speaking without a mic) (unclear) :- . •
Craft: This really doesn't have anything to do with what we're . we're talking about the - -.. -
moratorium.
Duffle: Why are we discussing it then?
Robertson: The conditions?
Mullet: Because once we close the public hearing they don't get to discuss it any more.
Duffie: Right. Thank ya.
Hernandez: I have more questions, Steve.
Mullet: Yes, go ahead.
10
Hernandez: I've noticed that on pages 21, 25 and 27 of the packet, the interior design has
changed several different times and•it's a little difficult to I've noticed the stairwell positions
have changed to at different times and I'm wondering are the stairwells open or closed
stairwells?
Painter: There are exterior stairwells locations changed sort a speak.
Hernandez: That's what I the next thing I wanted to know are they exterior or interior
stairwells and are they open or closed?
Painter: There are, If I remember correctly, two exterior and one interior stairwell and there
location have been modified throughout the design process because of ADA requirements that
were instituted in January of 1994.
Hernandez: Is there an elevator in the building?
Painter: Yes, it has to be a handicapped elevator by Code.
Hernandez: I was just suggesting I wonder if one of the conditions proposed might be open
stairwells exterior open stairwells that just a thought. I don't know if you'd ever considered
that.
Painter: I'd We'd have to review ADA requirements and Fire Code requirements on that if
I'm sure the architect could speak to that if you'd like. He's more knowledgeable.
Mullet: Are we digressing a little bit on this?
Cohen: No, that's fine. And at any point, even if the public is closed I think it's still
appropriate to ask questions and get input from the parties at hand. It would just be closed to
any citizen input. And since no citizens spoke you may proceed either way by either this is
appropriate.
Dorothy De Rodas: I have a question. I'd like to know more or less if they have any proposed
rates? What There's usually various categories: there's the low and medium and a deluxe
and whatever else. I was just wondering into what category is this motel proposed to fit?
Painter: I'd have to have the owner to speak to that. That's not something we would cover in
design review.
Mullet: Are there any more questions of staff?
Hernandez: Yes, I do. Is this a vacant lot or is there a building that would have to be
demolished on the site right now?
Painter: It's a vacant lot.
Hernandez: OK, I guess that's it.
Mullet: Dennis.
Robertson: The applicant has said earlier, if I understand that basically approximately $40
thousand was spent on architectural work, does that seem appropriate sum to you, is that a
reasonable amount of money in your experience for this type of work?
Painter: Typically, architectural fees are 10% of the construction costs. This project has gone
through several iterations which could conceivably up the cost of the architecture's fees but as
far as the number per se, I really couldn't comment on that.
Robertson: OK, thank you.
Mullet: Joyce.
Craft: I have a question. The current zoning now is C -2 Regional Commercial and the zoning
that the Tukwila Tomorrow Committee is discussing, is that a C -1?
Craft: What they say in the Policy which is in the staff report is a mixed use. What we are
probably going to see under new zoning is not a new application of the old categories but new
categories altogether
Beeler: Just two corrections to the staff report attachment "A." We had indicated there in
recommendation, who, with conditions that was erroneous because obviously as you went
through the report we didn't do that as we stated in our presentation. Also, lastly, I mis -spoke
the appeal period for the BAR. It's 10 days not 14. So that's just to clarify for the record.
Hernandez: I have another question, Rick.
Mullet: Rick, Joan has another questions.
Hernandez: I had asked earlier regarding the hours of operation on the business license, can
they be rented by the month like apartments or is that
Beeler: I don't think we have a I don't recall a law or an ordinance in the books that regulates
that. One of the things that has occurred to us has been as a result of this particular
moratorium ah, waiver application is that perhaps there ought to be some future ordinance
revisions that address some of the issues that, particular some of the conditions that we've spoke
about tonight.
Mullet: Are there any other questions of staff?
Mayor Rants: I believe the architect could answer some of Joan's questions.
Mullet: Yes. Scott, did you wish to would you come up and you have anymore
information and then we have some questions for you, I think.
Miller: Sure. If I could....you could either ask some questions or I could respond to a couple of
questions that have been asked, if I may.
12
Hernandez: One was the stairwells, whether the stairwells were open or closed or exterior or
interior.
Miller: Right. It's completely exterior and they are completely open except for the handrails.
The Police Department has asked us to go to open pickets as opposed to a solid sheet of stucco,
up to 30 ah, 42 inches high in order to increase the disability of the stairwells and that type of
thing. The stairwells are completely open at this point except for the handrail. And there was
another issue in regards to monthly rates. It's going to be a daily rate, it's not a monthly type of
motel and it's gonna be in the medium to medium -high range. It's obviously not a luxury motel
and it's not in the lower range according to the owner in terms of that fee structure.
Hernandez: Is a chain or a franchise?
Miller: No.
Mullet: Are there any other questions of the applicant?
Manor Rants: Mr. Chairman.
Mullet: Yessir.
Rants: I believe I could ask a question on this one if I could. I think one of the things that
concerns Council and the Administration, specifically, are there going to be hourly rates?
Miller: Honestly, I don't know the answer to that cause I didn't ask the owner we didn't ask
the owner the answer is no, no hourly rates. And secondly, one of the things that Mr. Beeler
brought up in relation to the financial hardship, we have mentioned our architect fees,
engineering fees, and such, which are typical for this project. We are ranging right now in about
the five to ten per cent range for this type of project. And possibly one of the other members is
going to bring up some other things but there is other financial hardship of three other items.
One is project interest payments and money spent to date in securing the property as a C -2 zoned
property. Secondly would be the decrease in value as Mr. Kim mentioned in regards to the
devaluation of the property. The project is either tied up in the administration procedure. And
thirdly the monthly income lost during if this project was in progress, ya know, currently, but
right now we are obviously'in the matter of months behind. So I think maybe one of the other
members would like to talk to some specifics if it interest you in regards to that financial aspect
of it.
Hernandez: I've noticed that the second floor has gone through several revisions. Is the final
revision, does that include an owner's apartment or an on site manager's apartment?
Miller: Yes it does. The final one has it's actually connected up to the office. It's not on the
second floor, it's on the well, I guess you could call it the second floor.
Hernandez: It says second floor in the Plan but I know what you mean.
Miller: And it definitely does.
13
Hernandez: And there is a lobby area and office?
Miller: Yes, complete lobby area which we made more visible and of course the owner's unit.
And the owner's unit is specifically placed to have a good view and proximity to goings on over
the project.
Mullet: Other questions?
Robertson: Who owns the property? Does the applicant own the property?
Miller: Yes. No hidden ownerships or that type of thing. It's owned by Mr. Cho.
Robertson: Who owns the property outright?
Mullet: He's making payments on it yet?
Miller: I believe they've actually paid cash for the property or have the cash for the property
secured.
Mullet: I guess we have no other questions. Mr. Miller, if another member of your group
wishes to say anything more we'd sure love to hear it.
Duffie: Now, I understand, is the owner going to live there? He's going to live on site?
Miller: Yes.
Duffie: Boy, that is really nice.
Craft: Is there another Blue Star? Is there a Blue Star Motel that's owned by Mr. Cho?
Miller: No, he owns the Spruce Motel at this point. That's it.
Craft: Is that next door? Is that next door, or
Miller: No, that a little....I'm not sure how far away it is but it's a little bit a ways. There's a
Moonrise hotel right next door and that's not this ownership.
Craft: Oh, I see. And the Spruce is a couple of doors south?
Miller: Yea, yea. A little bit farther down. Right. Ok. Thanks for your consideration.
Mullet: Go ahead, Sir.
(Sean Park coming forward to be sworn in.)
Cohen: Do you affirm the facts you're about to give in this matter to be the truth?
14
Sean Park: My name is Sean Park. My address is 31205 Pacific Highway, Federal Wa■•
I represent the general contractor, I was involved since planning stage. I have talked to owners
and have brought some figures just in case it is denied. Moratorium, the ordinance, one of the
waiver conditions is financial hardship. If it is denied, then the owners pay the taxes, interest. I
have some figures in front of me I'd like to present to you. Real estate tax: Since September
1990 to the present time they have spent $8,000. Interest rate: They pay 8% APR, about
$100,000. I did a similar project in Tacoma, the land value and construction costs, if the project
is concluded, then the owner will make some money. If it is not, then he will lose about
$450,000. If he opened a business, he will make about $10,000 net income per month, and also
there is the land cost depreciation, if he is going to sell the property then I don't think he will get
the same amount as when he bought the land because the land is expensive because the land use.
If the zoning is changed then I don't think nobody will pay the amount that he paid when he
bought the land. That is the figures.
Craft: The project that you just did in Tacoma, is that called Blue Star?
Park: Initially it was called Blue Star, but the name has changed, it is called...
Craft: Is it similar to this motel?
Park: It is very similar.
Craft: It's on Pacific Highway South, 99?
Park: It is located at Hosmers & 82nd? We just completed it. I estimate the cost, the land
value, construction costs... If the owner of that motel was to sell the property he will make this
amount, I present..., roughly $450,000.
Mullet: Thank you. Any other comments by Council, or questions? Do I close the public
hearing?
Robertson: I'm not sure you want to close the public hearing. It is my understanding that staff
is going to present a memo in writing with the proposed conditions, or their suggested
conditions. That would take several weeks? No?
Beeler: We could have that for you tomorrow.
Robertson OK. Normally, don't we leave the public hearing open and continue it to the
following meeting, in case we would like to discuss stuff prior to the discussion?
Cohen: You could proceed either way. You could close it and get the information, which is
just clarification from either of the parties, or you could close it. It's your choice. You can still
get the information appropriately.
Robertson:, Even if we close it we can still ask either party?
Cohen: Yes.
15
Robertson: I Move that we close the public hearing.
Duffle: Second.
Mullet: Close the public hearing on the Blue Star Motel at this point and time.
Park: Can the audience ask questions at this time?
Cohen: There was an opportunity for citizen comments and that was advertised and no one
spoke.
Mullet: We had an opportunity earlier and now we've closed the hearing. Does Council wish
to re open the hearing to hear questions from the citizen?
Duffie: Yea, I think it do do to the fact we didn't have any....
Robertson: OK. When we open the public hearing again is there any....
Rants: OK. But do you need to if he just wants to ask a question?
Mullet: Speak up, Sir. Please come to the microphone.
Robertson: I think you better formally open
Mullet: I will formally reopen the public hearing just in case.
My name is Wynn Dien, I live at 1615 SW Mill Creek Road, Seattle, Washington 98168.
The reason I just come up with this question is that I heard City present some condition for
the applicant to accept and this I didn't know before that's why I didn't raise my hand. I like to
know the basis that City come up with 10 questions. And of course I'll pretend they are very
anxious to get the permit so they will accept all this. My question is what basis this conditions.
The second is those conditions are prior to this application or prior to future application of a
similar nature. The third thing I'm trying to open a computer store high tech. Say that it was
next to it would the City come up with the similar conditions for me to obey?
Robertson: I would suggest that those questions could be answered by staff independent of this
public hearing, in the normal process.
Rants: That's why I said he just wanted to ask a question, you didn't need to open it and then
we could have directed him. You want to close this?
Mullet: The public hearing is closed again.
Rants: I'm going to ask you and Rick to get together right now and Rick, Mr. Beeler could
answer your questions on the issues that you just spoke of because they are separate from what
we're talking about. Would that be alright? Yes, OK.
16
Robertson: I'm going to recommend that we continue this discussion of this issue to next
Regular Council meeting and that staff provide their proposed conditions as soon as possible so
we could have them to review prior to the Council meeting.
Cohen: I think that Blue Star should be notified as to when this is going to be continued so that
they can be present in case there are any questions.
Craft: I just have a questions as to clarification. Maybe it's my limited brain power, I have a
problem discussing items that were presented to build this motel when I think the only thing that
we're addressing is whether or not they can receive a waiver to the moratorium. If we choose to
allow them to have a waiver to the moratorium then at that time seem to me we can discuss
conditions of building. But as I read the agenda, the only thing we're considering at this point is
whether or not to grant a waiver. So to me conditions cloud the issue and the real issue is
whether or not to allow a waiver as a moratorium.
Hernandez: As I understand it we can approve the waiver or not approve or approve it with
conditions. So that is part of the option we have.
Robertson: Yea. I would think so too. Also the I'd like time to read the things and think
about them and to have something presented, especially in writing, that I have to consider and
vote on in the same evening is, I think, unfair to everybody concerned. So the fact of the matter
is we would have to vote on the issue first and then continue it to another week to review the
conditions if we decided that we were to approve it. But we wanted to consider conditions and
I'm not sure that's necessary. But I do hear your concern. The primary issue is not the
conditions. It certainly is not the lay out of the building. I don't think we're here to
consider....we're not setting in the place of the BAR or the Planning Commission. What we're_
really sitting as is the Council reviewing exception to a moratorium we put in place.
Craft: The moratorium did not say motel or hotels that meet certain conditions.
Robertson: That's correct. _
Craft: It didn't say that. It just simply stated certain types of businesses.
Hernandez: One of the criteria that we weigh is the best interest of the City. I think that that's
why we have to broaden the discussion to include other aspects.
Cohen: That's correct. This is a balancing test and intent of the Moratorium and best interest of
the City weighed against the interest of the individuals are some of the factors that your are to
consider. And if concerns about crime and other considerations need to be discussed in this
balancing test is completely appropriate to discuss. What you might be able to do to meet the ..
intent of the moratorium plus also to satisfy or alleviate any hardship that the applicant might
suffer.
Mullet: Does that address some of your concerns, Joyce.
It's just confusing to me.
17
Mullet: Are there any other comments by the Council on this subject before we move on to the
next one. It's been proposed that we deliberate and come back next week. And I think that....I
can say that's the consent of the Council unless somebody has anything to say now against that.
Robertson: Do we have time on the agenda next week to deal with this?
Hernandez: Are we still dealing with the PRD?
Robertson: Is there any reason that the applicant can't be present next week?
Mullet: OK. We'll take up the matter, the decision at the next Regular Meeting then. For the
record, that will be April 4.
END OF VERBATIM.
City of Tukwila
Washington
Ordinance No. /6 7 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
RELATING TO LAND USE AND ZONING IN THE C -2 ZONE ALONG HIGHWAY 99
FROM S. 137TH TO S. 154TH ST.; ESTABLISHING A MORATORIUM ON ACCEPTANCE
OF APPLICATIONS FOR, AND ISSUANCE OF, NEW BUSINESS LICENSES AND
BUILDING PERMITS FOR CERTAIN USES; AND DECLARING AN EMERGENCY.
WHEREAS, specific experiences of Tukwila with the motels, hotels, taverns, pool rooms,
liquor stores and night clubs located along Highway 99 have been counter to neighborhood livability
and public health and safety; and
WHEREAS, the previous experience of this City with these land uses, the potential enactment
of State regulatory legislation, and the pending development of a new Comprehensive Plan and certain
implementing zoning regulations by the City, require that the City thoroughly consider all aspects of
zoning and business regulations relating to these land uses; and
WHEREAS, in the absence of a moratorium, new applications for such business licenses and
building permits could establish certain rights to locate in the Highway 99 neighborhood contrary to
the intent of the City Council to carefully and thoroughly provide for the appropriate locations and
•regulations; and
WHEREAS, the new Comprehensive Plan at this time envisions a neighborhood activity area
which is substantially different from the current regional retail focus of Highway 99, and substantial
detriment to this vision would be caused by allowing contrary land uses; and
WHEREAS, the City Council therefore finds that the protection of the public health, safety
and welfare requires establishment of the said moratorium;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA HEREBY
ORDAINS AS FOLLOWS:
Section 1. Findings of Fact. Based upon public testimony and other evidence presented to it,
the Tukwila City Council makes the following Findings of Fact:
A. The land uses defined and regulated hereinafter are potentially detrimental to the public
health, safety, morals, and general welfare of the citizens of Tukwila and, therefore, such activities
must be prohibited until the new Comprehensive Plan or Zoning regulations can be reviewed and
adopted.
B. The history of criminal activity in the Highway 99 area has included prostitution,
narcotics and liquor law violations, breaches of the peace and the presence within the land uses of
individuals with hidden ownership interests and outstanding arrest warrants.
C. In order for Tukwila to effectively protect the public health, safety, morals, vision, and
general welfare of the Highway 99 neighborhood it is important that Tukwila prevent these land uses
from increasing in the neighborhood.
D. The new Comprehensive Plan is scheduled to be reviewed, heard and adopted by the
City Council in 1994. The Plan, as currently drafted by the Tukwila Tomorrow Committee, envisions
a neighborhood orientation between at least S. 137th St. and S. 148th St of neighborhood scale land
uses and living environment, and the City Council is considering extending the neighborhood
orientation from S. 148th St. to S. 154th St.. The existing regional orientation of the prohibited land
uses is contrary to and detrimental to achieving this vision.
ATTACHMENT H ✓
Section 2. SEPA Exemption. Pursuant to Tukwila Municipal Code Ch. 21.04, and
Washington Administrative Code 197 -11 -880, the City Council finds that an exemption under SEPA
for this action is necessary to prevent an imminent threat to public health and safety and to prevent an
imminent threat of serious environmental degradation through continued development under the
existing regulations. SEPA review of any permanent regulations proposed for replacement of this
moratorium shall be conducted.
sgatiml,„Efiggitiyargriggat juizatilrium. The moratorium shall be effective immediately
upon adoption of this ordinance and shall continue in effect for six months, unless subsequently
repealed, modified, or extended after a subsequent public hearing and entry of appropriate findings of
fact pursuant to Chapter 207 of Laws of 1992, by the City Council.
Section 4. Duties of City Clerk. The City Clerk shall immediately transmit a true copy of
this ordinance to the Director of the Tukwila Department of Community Development. Tukwila shall
immediately cease accepting any new applications for development or licenses relating to motels,
hotels, taverns, pool rooms, liquor stores and nightclubs and similar land uses. The moratorium shall
cover those areas described in attachment A.
Section 5. Publ'c Hearing. Pursuant to Chapter 207, Laws of 1992, a public hearing on the
moratorium established by this ordinance was held before the City Council on December , 1993.
Section 6. Severability. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 7. Effective Date. The City Council finds that a public emergency exists necessary
for the protection of the public health, public safety, public property or public peace. Accordingly,
this ordinance shall be effective immediately upon its adoption pursuant to RCW 35A.12.130.
PASSED BY THE CITY UNCIL oupE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this 6 '"�(7 day of 2 Syr ��� 1993.
�) J�
AFL( Cd/. ✓CCiyGdcZ
Johfi JW. Rants, Mayor
A I'EST /AUTHENTICATED:
Jo e E. Cantu, City Clerk
APPROVED AS TO FORM:
By er (�C�
Office of the City Attorney
FILED WITH THE CITY CLERK: /a? -
PASSED BY THE CITY COUNCIL: /,Z _ y
PUBLISHED: i,2 - /D- ? 3
EFFECTIVE DATE: ,' , 6 _. y3
ORDINANCE NO: / !v 7
moraord 12/07/93
MORATORIUM BOUNDARIE
ZONED C -2 REGIONAL RETAIL
1
ATTACHMENT A
SUMMARY OF ORDINANCE NO. /16 7
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO LAND USE AND ZONING IN
THE C -2 ZONE ALONG HIGHWAY 99 FROM S. 137TH TO S.
154TH ST.; ESTABLISHING A MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE
OF, NEW BUSINESS LICENSES AND BUILDING PERMITS
FOR CERTAIN USES; AND DECLARING AN EMERGENCY. ,
On /c - 6- 9=3 , the City Council of the City of Tukwila passed Ordinance
No. /6 7 , establishing a moratorium on acceptance of applications for, and issuance of,
new business licenses and building permits for certain uses in the C -2 zone along Highway. 99
from S. 137th to S. 154th St.; and declaring an emergency.
The full text of this ordinance . will be mailed without charge to anyone who submits a
written 'request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of /2 -
Published Seattle Times 12/10/93
E. Cantu, City Clerk
City of Tukwila
Washington
Ordinance No. /62 g 674
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
ORDINANCE NO. 1679 WHICH ENACTED A
MORATORIUM ON DEVELOPMENT OF CERTAIN
USES IN THE C -2 ZONE ALONG HIGHWAY 99 FROM
S. 137TH STREET TO S. 154TH STREET; ESTABLISHING
PROVISIONS FOR A WAIVER PROCESS, DEFINING
VESTED RIGHTS, AND ESTABLISHING A PROCESS
FOR APPEAL.
WHEREAS, • on December 6, 1993, the City Council passed Ordinance No. 1679
declaring a moratorium on development of certain uses in the C -2 zone along Highway
99; and
WHEREAS, the City Council wishes to amend Ordinance No. 1679 to include a
waiver and appeal process; and
WHEREAS, Ordinance No. 1679 was passed as an emergency ordinance effective
immediately, and to prevent the hardships referred to, it is necessary that this
ordinance be effective immediately;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 1679 is hereby amended to add the following new sections:
Section 3. Waiver. In the event the moratorium creates an undue hardship with
respect to financial, personal, or other reason, the interested party(ies) may petition in
writing to the .City Council. A date to hear that petition will be set by the Council
President. In considering the petition, the Council will bear in mind the intent of the
moratorium; the best interests of the City weighed against the interests of the
individual; the circumstances and the hardship caused by the moratorium; and the
damage that could result from strict adherence to the moratorium.
Section 4. Vested Rights. The moratorium created by this ordinance does not
apply to properties with vested rights on the date of enactment of this ordinance.
"Vested Rights" shall be defined in accordance with Washington State case law as those
properties which have submitted to the City a fully completed building permit
application which is in compliance with the zoning and land use codes in effect on the
effective date of this ordinance.
Section 5. Administrative Determination. Administrative determination
regarding the interpretation and application of this ordinance shall be made by the
Director of the Department of Community Development (DCD). Any aggrieved party
may appeal such a determination to the City Council by filing a Notice of Appeal with
the City Clerk within 10 days of the date of the determination. The City Council shall
consider the appeal at a public hearing within 30 days thereafter. The decision of the
City Council shall be final and conclusive.
ATTACHMENT 1
Section 2. Severability. If any section, sentence, clause or phrase, of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance shall take effect and be in force immediately
upon its passage as an emergency ordinance in order to amend Ordinance No. 1679,
which establishes a moratorium on development on certain uses in the C -2 one along
Highway 99.
PASSED BY THE CITY COUNCIL OF,THE CITY C F�TU IILA, WASHINGTON,
at a Regular Meeting thereof this '`' `C day of
1994.
ATTEST /AUTHENTICATED:
ne E. Cantu, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY•CLERK: i - a - 9 j
PASSED BY THE CITY COUNCIL: 7 - 9 c,/
PUBLISHED:,2. -
EFFECTIVE DATE: •--7- 9 e-/
ORDINANCE NO.: / b .8` 9
moramen 01126194
W. Rants, Mayor
SUMMARY OF ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1679 WHICH
ENACTED . A MORATORIUM ON DEVELOPMENT OF
CERTAIN USES IN THE C -2 ZONE ALONG HIGHWAY 99
FROM S. 137TH STREET TO S. 154TH STREET;
ESTABLISHING. PROVISIONS FOR A WAIVER PROCESS,
DEFINING VESTED RIGHTS, AND ESTABLISHING A
PROCESS FOR APPEAL.
No. ):QQn f < < 7nWthe City Council of the .City of Tukwila passed Ordinance
) , amendi : • dinance No. 1679, which declared a moratorium on development
zone along Highway 99; to establish provisions for a waiver and
appeal processes, define vested rights, provide for severability, and establish an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of 7/5-"V
y
of certain uses in the C-
►�:
an E. Cantu, City Clerk
Published, Seattle Times: February 15/1994-'e.