HomeMy WebLinkAboutPermit L05-032 - BLOMQUIST TRISHA - SPECIAL PERMISSIONTOWNE & COUNTRY SUITES
14800 INTERURBAN AV S
L05 -032
FILE NUMBER: L05 -032
•
city of Tukwila
Department of Community Development Steve Lancaster, Director
NOTICE OF DECISION
Issued December 6, 2005
TYPE OF
APPLICATION: Special Permission from the Director to locate a cargo container
NOTIFICAION: No notification requirements for a type II land use application.
LOCATION: 14800 Interurban Ave S.
ZONING: Regional Commercial Mixed Use (RCM)
APPLICANT: Trisha Blomquist
Towne and Country Suites
14800 Interurban Ave S
Tukwila, WA 98188
STAFF: Brandon J. Miles, Assistant Planner
EXHIBITS:
A. Site map submitted by the applicant
BACKGROUND
Steven M. Mullet, Mayor
1. On May 24, 2005, the applicant submitted an application for Special Permission from the
Director to install a cargo container at 14800 Interurban Avenue South, commonly referred to
as the Towne and Country Suite site.
2. The cargo container was placed on the property before applying for the required land use
application to place the container.
3. On May 24, 2005, City staff sent the applicant a Notice of Incomplete Application because
certain items of the application were not provided.
4. The applicant provided additional information on July 11, 2005 and the application was
subsequently deemed complete.
5. The Towne and Country Suite property is zoned Regional Commercial Mixed Use (RCM).
Tukwila Municipal Code (TMC) 18.26.030 (2) permits cargo container as an accessory use
in the RCM zone provided they obtain special permission from the Director and meet the
requirements of TMC 18.50.060 (C).
6. TMC 18.50.060 C notes the following requirements in order to place a cargo container in the
RCM zone:
A 2nn Cn,,throntor Rn,,levard_ Suite #100 • Tukwila. Washington 98188 • Phone: 206 = 431 -3670 • Fax: 206 - 431 -3665
Towne and Country Suites
L05 -032
A. Only two cargo containers will be allowed per lot, maximum length of 40 feet.
B. The container is located to minimize the visual impact to adjacent properties, parks, trails,
and rights of way as determined by the Director.
C. The cargo container is sufficiently screened from adjacent properties, parks, trails and
rights -of -way, as determined by the Director. Screening may be a combination of solid
fencing, landscaping, or the placement of the cargo containers behind, between or within
buildings.
D. If located adjacent to a building, the cargo container must be painted to match the
building's color.
E. Cargo containers may not occupy any required off - street parking spaces.
F. Cargo containers shall meet all setback requirements for the zone.
G. Outdoor cargo containers may not be refrigerated.
H. Outdoor cargo containers may not be stacked.
7. The application material submitted to the City included a site map showing the location of
the proposed cargo container on the north property edge of the Towne and Country Suite.
No scale was provided on the site map. The site map notes that the cargo container would be
placed ten feet from S. 147` Street, which is unimproved City of Tukwila right of way.
8. The applicant also submitted plans to construct a six -foot lattice fence around the cargo
container in order to screen it from view.
9. On August 25, 2005, the City sent the applicant a comment letter regarding issues with the
land use application and that the location of the cargo container did not meet the standards
laid out in TMC 18.50.060 (C). Staff noted that it appears that the site map does not show
the actual location of the cargo container and that it appeared the container does not meet
setbacks. Staff also noted that the proposed location of the container did not minimize the
visual impacts to adjacent properties, parks, trails, and rights of way. Staff asked that the
applicant resubmit a site plan which would meet the requirements of TMC 18.50.060 (C).
10. As of December 5, 2005 the City had not received a new site plan.
DISCUSSION
It is the burden of any individual seeking land use approval to clearly demonstrate that they can
meet all applicable requirements before having the application issued. The applicant has failed to
meet their burden. The applicant has not provided a site map, which clearly shows where the
property lines are for the north property line. Additionally, the container would be in plain site
and even with screening it would still be highly visible.
The applicant has failed to meet the following code provisions that are required to be met in
order to place a cargo container:
TMC 18.060.(C)
1. The container is located to minimize the visual impact to adjacent properties,
parks, trails, and rights of way as determined by the Director.
2. Cargo containers shall meet all setback requirements for the zone.
The application to install a cargo container is denied. The cargo container must be removed.
DCD Page 2 12/05/2005 2
Q: \Special Permission\Adam \Staff Report.doc
Towne and Country Suites
L05 -032
This Notice of Decision may be appealed to the Hearing Examiner. If no valid appeals are filed
within the time limit the decision of the Department will be final.
In order to appeal the decision a written notice of appeal must be filed with the Department of
Community Development within 14 days of the issuance of the Notice of Decision (12/06/2005).
The requirements for such appeals are set forth in Tukwila Municipal Code 18.116.
Appeal materials shall include:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the appealing
party is a corporation, association or other group, the address and phone number
of a contact person authorized to receive notices on the appealing party's behalf.
3. A statement identifying the decision being appealed and the alleged errors
in the decision. The Notice of Appeal shall state specific errors of fact or errors in
application of the law in the decision being appealed; the harm suffered or
anticipated by the appellant, and the relief sought. The scope of an appeal shall
be limited to matters or issues raised in the Notice of Appeal.
Any appeal shall be conducted as an open record hearing before the Hearing Examiner. The
Hearing Examiner's decision on the appeal is the City's final decision. A party who is not
satisfied with the outcome of the administrative appeal process may file an appeal in King
County Superior Court from the Hearing Examiner's decision pursuant to the procedures and
time limitations set forth in RCW ch. 36.70C.
Nora Gierloff, Planning S ervi
No sor
APPEALS
i 46J 2 6
Date:
DCD Page 3 12/05/2005 3
Q: \Special Permission\Adam \Staff Report.doc
November 15, 2005
Ms. Trisha Blomquist
Towne and Country Suites
14800 Interurban Ave S.
Tukwila, WA 98168
Dear Ms. Blomquist:
•
Ciz of Tukwila
RE: Cargo Container
Special Permission Application (L05 -032)
Department of Community Development Steve Lancaster, Director
On August 25, 2005 the City issued a comment letter regarding the placement of a cargo container at
14800 Interurban Ave South. As was noted in the letter, City staff noted that it appeared that the
proposed placement of the cargo container would not meet setbacks and that the cargo container may
be located on City right of way.
A copy of the City's August 25, 2005 letter is attached with this letter.
The City has not received any new items demonstrating that the cargo container does indeed meet
setbacks. City staff also proposed additional locations for the cargo container has as of yet has not
received a submittal showing a new location for the containers.
The City is required to act on the permit application. If additional information is not submitted by
November 29, 2005 staff will base its decision on the information provided and will deny the land
use application. The Notice of Decision will include information on filing an appeal of the
administrative decision.
If you have any, questions, please call (206) 431 -3684 or send an email to bmiles@ci.tukwila.wa.us.
Sincere!
randon J. Miles
Assistant Planner
cc. Code Enforcement
Nora Gierloff, P1
File (L05 -022)
ping Supervisor
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
August 25, 2005
• o
City of Tukwila
Department of Community Development Steve Lancaster, Director
Ms. Trisha Blomquist
Towne and Country Suites
14800 Interurban Ave South
Tukwila, WA 98168
RE: Cargo Container
Special Permission Application (L05 -032)
Dear Ms. Blomquist:
The Department of Community Development has reviewed your application to locate a
cargo container at the above address.
The Towne and Country Suites are bordered by S 147 Street, which is unimproved City
right of way. The property is zoned Regional Commercial Mixed Use (RCM). The cargo
container must meet all setbacks and the setback from S. 147th Street is ten feet.
The site map presented shows that the cargo containers will be placed ten feet from S. 147
Street. However, it appears that the site map does not show the actual location of where the
cargo containers have been placed. A site visit by Planning Staff revealed that the cargo
containers are placed at the very edge of the parking area on the Towne and Country
property. This asphalt area extends on to S. 147 Street and abuts an adjacent commercial
property.
Tukwila Municipal Code (TMC) 18.50.060 allows cargo containers in the RCM zone if the
containers can meet the specific development standards, one of which is setbacks. As
previously noted it appears that the cargo containers have been placed on S. 147 Street and
thus are not meeting setbacks.
Additionally, TMC 18.50.060 (2) requires that the cargo container be located to minimize
the visual impact to adjacent properties, parks, trials, and rights of way. The proposed
location does not accomplish this development requirement. The containers and the
screening will be highly visible from adjacent properties and Interurban Avenue.
Steven M. Mullet, Mayor
6. ?00 Southcenter Boulevard. Suite #100 • Tukwila. Washington 98188 • Phone: 206 -431 -3670 • Fax: 20h- 4 71 -766S
If the cargo container were located along the south edge of the property or within the
courtyard area (in the middle of the buildings) of the suites it would be located in an area
that would minimize the visual impact to adjacent properties. Another possible location is
along the eastern edge of the property between the buildings and the river. However, this
may raise other permitting issues if the container were located within the 100 -year flood
plain or the shoreline area.
Your next step is to revise your application to find a more suitable location for the
containers.
If you have any questions, or would like to meet to discuss the application, please call (206)
431 -3684 or sen an email to bmiles@ci.tukwila.wa.us.
Sincerely,
Brandon J. Miles
Assistant Planner
cc. Nora Gierloff, Planning Supervisor
File (L05 -032)
May 24, 2005
Ms. Trisha Blomquist
Town and Country Suites
14800 Interurban Ave. S
Tukwila, WA 98168
RE: Notice of Incomplete Application
Towne and Country Special Permission Application, L05 -032
Dear Ms Blomquist:
•
Guy of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
The City of Tukwila's Planning Department received your application for special permission to
install two cargo containers at 14800 Interurban Avenue South on May 24, 2005. On May 24,
2005 it was deemed to be incomplete because certain requirements of the application were not
provided:
Please provide the following which were laid out in the application checklist (enclosed):
1. Written description of the project, the deviation being requested and response to the
applicable decision criteria.
2. Site plan showing the location of the container(s) in relationship to parking areas,
property lines, buildings, streets, trails, landscape areas and setbacks.
3. Description of the proposed screening (Please note that while staff thinks the mural
painted on the container is creative, it does not meet the code requirements that the entire
cargo container be screened from view).
4. Dimensions of the proposed cargo container
Please note that the Department shall cancel an incomplete application if the applicant fails to
submit the requested information within 90 -days following notification from the Department that
the application is incomplete. The Department may extend up to 120 days if the applicant
submits a written request for an extension prior to cancellation. The request must clearly
demonstrate that the delay is due to circumstances beyond the applicant's control (such as the
need for seasonal wetland data) or unusual circumstance not typically faced by other applicants,
and that a good faith effort has been made to provide the requested materials (TMC 18.104.070).
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
Once the above - mentioned information is provided, City staff can begin to review the
application. If you have any questions, please feel free to call me at (206) 431 -3684 or you can
email me at bmiles@ci.tukwila.wa.us.
Sincerely,
/
andon J. MI es
Assistant Planner
cc. File (L05 -032)
Enclosure: Application Checklist
FOR STAFF USE ONLY Sierra Type: P -SP
Planner:
File Number:
Application Complete (Date:
)
Project File Number:
Application Incomplete (Date:
)
Other File Numbers:
APPLICATION
.1 1v of1��! l�
NAME OF PROJECT/DEVELOPMENT:
- RAW to, w Ci 8
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and
subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS.
14 DeM) SW Ttiboito
1,t►Wn►►09 �� eact plaomd.n -r
Quarter: Section: Township: Range:
(This information may be found on your tax statement.)
DEVELOPMENT COORDINATOR :
The individual who:
• has decision making authority on behalf of the applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping development
standards, and
• is the primary contact with the City, to whom all notices and reports will be sent.
Name: 11 h 2 ry
Address: t l �� � I�) a n S Tu(tiw �, I/1 Via Phone0 ,.ttl)24(P- 2_ FAX: 2D 0 2,011) 'ROW
E- mail:1 Mearti('b' ® &west. net
Signature:
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Date:
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CITY OF TUKWILA REcevEn
Department of Community Development'(JL 1 1 SPECIAL
6300 Southcenter Boulevard, Tukwila, WA 98188 co_ PERMISSION
Telephone: (206) 431 -3670 FAX (206) 431- 36�iEvELOPM N
E - mail: tukplan@ci.tukwila.wa.us DIRECTOR
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STATE OF WASHINGTON
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CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E -mail: tukplan(ci.tukwila.wa.us
AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
ss
COUNTY OF KING
The undersigned being duly sworn and upon oath states as follows:
I . lam the current owner of the property which is the subject of this application.
2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my
knowledge.
3. The application is being submitted with my knowledge and consent.
4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real
property, located at
for the purpose of application review, for the limited time necessary to complete that purpose.
5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the
City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City.
6. The City shall, at its discretion , cancel the application without refund of fees, if the applicant does not respond to specific requests for
items on the "Complete Application Checklist" within ninety (90) days.
7. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without
refund of fees.
EXECUTED at (city), (state), on
(Print Name)
(Address)
(Phone Number)
(Signature)
On this day personally appeared before me to me known to be the individual who executed
the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes
mentioned therein.
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF 20
NOTARY PUBLIC in and for the State of Washington
residing at
My Commission expires on
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FOR STAFF USE ONLY Sierra Type: P -SP
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File Number: .
Application Complete (Date:
)
Project File Number:
Application Incomplete (Date:
)
Other File Numbers:
•
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard Tukwila, WA 98188
Telephone: (206) 431 - 3670 FAX (206) 431 - 3665
E -mail_ tukplan(a,ci.tukwila.wa.us
REcEI D LoS- cc
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DIRECTOR
' NAME OF PROJECT/DEVELOPMENT: enY l l(
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and
subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS
Dn Slc6¢: p-pei I n�. a conrufiL
cuz-e 99rn1 LAM as eroar
Quarter: Section: Township: Range:
(This information may be found on your tax statement)
DEVELOPMENT COORDINATOR :
The individual who:
• has decision making authority on behalf of the applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping development
standards, and
o is the primary contact with the City, to whom all notices and reports will be sent.
Name:
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Phone: /� LW
E-mail: to r MAl ►v anA co U tin j
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CARGO CONTAINERS
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❑ In the single family zone (LDR): signs for all conditional uses and public facilities (TMC
1932.080);
❑ In multi - family zones where signs face multi- family, commercial and industrial zones: signs
of conditionally permitted uses, all public facilities and freestanding signs (TMC
19.32.100).
In Commercial and Industrial (TMC 19.32.170) Zones:
❑ Signs of conditionally permitted uses, all public facilities and all free - standing signs, that
abut or face single family zones (TMC 19.32.120) and multi- family zones (TMC
19.32.130);
❑ Any multi- tenant office building sign which has over 50% of the total allowed wall sign
area (TMC 19.32.140($)(4));
❑ A 50% increase in wall sign area for each doubling of the Zoning Code maximum building
setback up to 6% of the wall area upon which the sign will be mounted up to a maximum of
500 sq. ft. (TMC 19.32.140(A)(2) and (C)).
Shopping Mall business wall signs (TMC 19.32.150(A)):
❑ To allow one wall sign to have more than 50% of the business's total allowable sign area in
one sign.
❑ To allow one freestanding sign to have more than 50% of the site's total allowable sign area
in one sign.
Approval criteria for cargo containers to be installed in the LDR, MDR, and I1DR zones for
institutional uses and in the RC, RCM, TUC or C/LI zones for permitted or conditional uses:
Only two cargo containers will be allowed per lot, maximum length 30 feet.
CtV The container is Iocated to minimize the visual impact to adjacent properties, parks, trails and
rights -of -way as determined by the Director.
G The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -
of-way, as determined by the Director. Screening may be a combination of solid fencing,
landscaping, or the placement of the cargo containers behind, between or within buildings.
If located adjacent to a building, the cargo container must be painted to match the building's
color.
i Cargo containers may not occupy any required off-street parking spaces.
[3 Cargo containers shall meet all setback requirements for the zone.
It' Outdoor cargo containers may not be refrigerated.
CV Outdoor cargo containers may not be stacked. ReCe
MAY 2 414051
®RatopmeNT
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E -mail: tukplan a,ci.tukwila.wa.us
AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
STATE OF WASHINGTON
ss
COUNTY OF KING
The undersigned being duly sworn and upon oath states as follows:
• •
1. I am the current owner of the property which is the subject of this application.
2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my
knowledge.
3. The application is being submitted with my knowledge and consent.
4. Owner grants the City, i emplo ees, agents, engineers contractors or other re res tati - v ; the right to enter upon Owner's real
property, located at 1 I) DO raf e,W' 0,44t i,uJ !/.�.�{i01 a I V .r -/6I W
for the purpose of application review, for the limited time necessary to complete that purpose.
5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the
City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City.
6. The City shall, at its discretion , cancel the application without refund of fees, if the applicant does not respond to specific requests for
items on the "Complete Application Checklist" within ninety (90) days.
7. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without
refund of fees.
EXECUTED at itv • t [ lIA (city) V ) A (state), on \ • JS
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On this day personally appeared before me )t k
eat . c...E L to me known to be the individual who executed
the foregoing instrument and acknowledged that he/she sign the same as his/her voluntary act and deed for the uses and purposes
mentioned therein.
SUBSCRIBED BEFORE ME ON
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•
f:1
NOTARY PUBLIC in and for the S i - of Washington
residing at
My Commission expires on