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HomeMy WebLinkAbout1986-09-15 Regular MinutesSeptember 15, 1986 7:00 P.M. CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS Revise Agenda CONSENT AGENDA Resolution #1014 PUBLIC HEARING Appeal of the Determination of Non Significance for Sound Utilities Storage Yard at 13122 So. 131st TUKWILA CITY COUNCIL Regular Meeting M I N U T E S Tukwila City Hall Council Chambers In the absence of Mayor Van Dusen, Council President Duffle called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. DORIS E. PHELPS, JOE H. DUFFIE, Council President, WENDY A. MORGAN, CHARLES E. SIMPSON, MARILYN STOKNES. MOVED BY MORGAN, SECONDED BY SIMPSON, THAT THE ABSENT COUNCILMEMBERS BE EXCUSED. MOTION CARRIED. JAMES HANEY, City Attorney, MAXINE ANDERSON, City Clerk, DON MORRISON, City Administrator, BRAD COLLINS, Planning Director, MOIRA BRADSHAW, Assistant Planner. MOVED BY MORGAN, SECONDED BY SIMPSON, THAT THE AGENDA BE CHANGED TO PUT ITEM 4 AFTER ITEM 7. MOTION CARRIED. a. Approval of Minutes: September 2, 1986 b. Approval of Vouchers Claims Fund Vouchers #27256 #27415 Current Fund Golf Course Spec. Rev. City Street Federal Revenue Sharing Land Acq.,Bldg. Dev. Water Fund Sewer Fund Water /Sewer Construction Equipment Rental Firemen's Pension 77,314,13 15,167.07 14,222,25 3,814.27 4,200.00 7,063.49 44,229.55 31,126.67 28,682.73 598.85 Fire Equipment Cum. Reserve 3,131.68 $229,550.69 c. A resolution of the City of Tukwila, Washington, setting a process to recognize and reward the development of quality buildings and landscaping. MOVED BY SIMPSON, SECONDED BY STOKNES, THAT COUNCIL ACCEPT THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED. Attorney Haney explained that the issue before Council is an appeal of the SEPA Responsible Official's determination of non significance on the Sound Utilities Contractors Storage Yard at 13122 South 131st. The City Code requires Council to hold a hearing on this SEPA determination, that all testimony given must be done under oath, and requires that Council pro- vide written Findings and Conclusions in support of their decision. The decision tonight is a decision on a deter- mination of non significance which has been appealed by Mr. Lawrence Shaw. Council is not bound by the Responsible Official's previous decision, however, the SEPA rules and State law provide that they must give that decision substan- tial weight. This means that even though Council is hearing this as though they were sitting as the SEPA Responsible Official for the City, they must take into account the fact that this has already been looked at by the Responsible Official, and unless it is found that his decision was TUKWILA CITY COUNCIL, REGULAR MEETING September 15, 1986 Page 2 PUBLIC HEARING Cont. Appeal of the Determination of Non Significance for Sound Utilities Storage Yard at 13122 So. 131st (cont.) clearly in error Council should uphold his decision. In determining if a DNS or a DS should be issued, Council must determine whether there is a probable significant adverse environmental impact evidenced by this proposal. If Council is going to overturn the decision of the Responsible Official, they must find that there is an environmental impact, that this environmental impact is adverse, and that the adverse environmental impact is significant. Finally, Council must find that it is likely to occur unless it is mitigated by some measure. Council President Duffie declared the Public Hearing open at 7:30 p.m. As required by law, Attorney Haney swore in the following people who wish to testify during the hearing: Moira Bradshaw, Assistant Planner; Brad Collins, Planning Director, and Lawrence M. Shaw, President of Normed Wholesale Medical Supplies. Moira Bradshaw of the Planning Department reviewed the Findings and Conclusions that support the decision that has been made. The permit that required the SEPA Checklist was a fill permit for a site of approximately 44,000 square feet. The site is bounded by SR 599, South 131st Street and vacated 44th Place. The applicant has proposed a utility contrac- tor's equipment yard as the use of the site. The parcel is zoned M -1, Light Industrial, and the purpose of this district is to provide an area appropriate for light industrial uses which are non nuisance activities in terms of air and water pollution, noise, vibration, glare and odor. The site is currently planted with grasses, shrubs and wet soil plants which will be removed and covered with the fill. In the environmental checklist, the applicant stated there would be four vehicular trips per day with no set pattern of time. They will have two access points, one on South 131st and one on the vacated drive which separates Normed from the Utility Contractors storage yard. Gravel driving surfaces are proposed. Mrs. Bradshaw continued. The street between the two parcels of property was vacated in April, 1980. The two property owners, Mr. Shaw of Normed and Mr. Mellon of LDR proposed to develop their sites with complimentary quality type office /distribution buildings. During the SEPA review for both sites, the SEPA determination was that BAR was required for the development on both parcels. During the environmen- tal review on the LDR site, an actual development proposal was given to the City. A five foot strip of landscaping was required of that developer along the vacated street side. The development of this site never occurred, and since has gone through several changes of ownership. Mr. Craig Bowes, current owner, is proposing the Utility Storage yard. Currently, only 15 feet of landscaping is being required and that is along South 131st Place. This is the standard for an M -1 District. Utility storage yards are required to be screened 8 feet in height on all four sides. The applicant is proposing a chain link fence with plastic screening. They applied for a variance from the Board of Adjustment for screening on the SR 599 side. The elevation of SR 599 is 10 feet above the actual height of the site and screening with an eight foot fence would not be effective. This variance was approved. TUKWILA CITY COUNCIL, REGULAR MEETING September 15, 1986 Page 3 PUBLIC HEARING Cont. Appeal of the Determination of Non Significance for Sound Utilities Storage Yard at 13122 So. 131st (cont.) The appellant has listed three areas of concern regarding the environmental determination. They concern landscaping, dust and screening. He stated that the storage yard has a signi- ficant adverse aesthetic impact on the adjacent office distribution use. The Responsible Official reviewed the pro- posal's impacts and did not find a reasonable likelihood of more than a moderate adverse impact on environmental quality of the subject M -1 district. Staff recommends that the City Council adopt the Findings and Conclusions and uphold the City's SEPA Responsible Official's Determination of Non Significance. Council Member Morgan commented that the Chamber says the market drives construction in the Central Business District. When areas appear to be in transition because part of the areas are developed in other ways, what standard does the City have to measure that by. Mrs. Bradshaw said the SEPA Responsible Official would go into this in making a determination. Brad Collins, Planning Director, said the standard which was applied is the zoning standard which identifies M -1 uses, setback and landscape requirements, differently from a C -M type use. Both Normed and Sound Utilities are M -1 uses and, therefore, the standard would indicate that economically they are compatible. There is general agreement that there are some adverse impacts by the development of the contractor's storage yard next to Normed. Those impacts are aesthetic or visual which are intended to be mitigated by landcaping and screening requirements. There is a possibility of dust or air pollution. The primary standard applied was the M -1 zoning requirements and what Mr. Bowes proposes to do meets the zoning requirements. The proposed operation does not appear to be substantially more of a nuisance activity than other construction yards in the City. The essential issue is the significance of the existing development in establishing a quality development beyond the zoning requirements. Mr. Collins explained that it is possible to have a mitigated DNS where the finding is that there are some significant adverse impacts that could be mitigated by landscaping or paving. If this is agreed to by the applicant, he can change the pro- posal to include the features and then the City can issue a mitigated DNS. This would mean that there were significant adverse impacts, but the proposal mitigates those so they are no longer significant. At this point, the proponent could proceed without going through the Environmental Impact Statement process. The project meets the zoning code requirements. Lawrence M. Shaw, President of Normed, 4310 So. 131st Place, reviewed the points in his letter of August 20, 1986. As Mr. Collins pointed out, the code, strictly interpreted, has been followed. What Mr. Shaw is suggesting is that in the past, there has been precedence set for imposing additional miti- gating measures. He reviewed the past history of the devel- opment of the area. They purchased the property in 1978 or 79. They went through a lengthy review at that time and discussed the same type of issues that are being discussed today -the quality of the area. Almost all of the develop- ments have been improvements in the quality of the area. The whole issue of environment has been an upgrade. They were required to go through the Board of Architectural Review and, TUKWILA CITY COUNCIL, REGULAR MEETING September 15, 1986 Page 4 PUBLIC HEARING Cont. Appeal of the Determination of Non Significance for Sound Utilities Storage Yard at 13122 So. 131st (cont.) 8:00 p.m. in several cases, were asked to upgrade the quality of their building. In 1980, they requested and were granted a street vacation of 44th Place right -of -way. When they developed their street, they were required to construct it to City Standards quality was stressed. Many conditions were imposed. They had to put landscaping on the City property out to the street. They made the decision to locate there strictly because they gotassurances from the Director of the Planning Department that this was going to be a quality deve- lopment. They had a series of conditions imposed on them that were more stringent than the actual M -1 zoning. At that time, both sides of the street were required to have a five foot landscape setback. Mr. Shaw asked Council to consider the past history. The message they got at that time was quality development. The majority of the projects are quality. However, now, there is a non conforming construc- tion yard in the area and this proposal is for a construction yard right next to them. He asked Council to consider the environmental impact and address the issue. The issue is to take into consideration the past history and the message he got regarding quality development. The following conditions should be added to the DNS: Impose the requirement for a five foot landscaping along vacated 44th Place South, require asphalting to reduce dust and dirt and require screening from view. A variance was granted to the subject applicant to eliminate the required screening along the freeway because it is elevated. The code says the property will be screened. Based on this, the property is not appropriate for a construction yard. The granting of a variance is not in public interest. The quality of my building is affected by adjacent properties, and there is no way to mitigate this if you don't require the screening. Council should be involved in the quality of the buildings in a transition area. Construction workers spend very little time at the site, but they spend a lot of time at Normed. There are other busi- nesses there and they have voiced concern about what is going on next door. If Council would impose the planning requirements, make it a good screen and a tall screen, and ask them to pave the lot you would go a long way in solving the problems of the impact on the area. Mayor Van Dusen and Council Member Harris arrived at the meeting. Attorney Haney noted that if Council makes a deci- sion tonight, Mrs. Harris and the Mayor cannot participate because they have not heard all of Mr. Shaw's testimony. Council Member Phelps asked if the conclusion he had reached was based on the application that states there would be no more than four vehicle trips per day. Mr. Collins said this was the calculation used for the amount of dust that might be created. Attorney Haney said that if the applicant increases the number of trips per day, the City could withdraw the DNS and withdraw approval of the project. Mr. Craig Bowes asked to be sworn in so he could testify. Attorney Haney administered the oath. Mr. Craig Bowes (owner of property at 13122 So. 131st), 1100 Maple Ave., Renton, Wa, commented that this kind of input should have been brought forth to the Council before this time. They made lawful application to use their property. TUKWILA CITY COUNCIL, REGULAR MEETING September 15, 1986 Page 5 PUBLIC HEARING Cont. Appeal of the Determination of Non Significance for Sound Utilities Storage Yard at 13122 So. 131st (cont.) Public Hearing Closed 8:45 p.m. 39' 7! After a determination has been made that this project is non- significant, we have to go through an appeal process and all of this additional new information is brought up. Nobody in my organization was aware of this at the time we purchased the property or made application. We agree with the City's determination that this project is non significant. We are looking at a one acre parcel in an area zoned M -1. There are numerous other uses for this property under the Code that would have more of an impact on the environment than theirs does. There are three more contractor's yards south of his. If the area is in transition, it was not called to their attention. The property is zoned M -1 and they have complied with the requirements of the code and have agreed to meet any of the conditions set forth by the code. Mr. Shaw is located in this area because it is M -1; he has a warehouse distribu- tion facility. The City has already determined that this project is non significant and does not affect the environ- ment substantially, and we would like to see Council uphold this determination. Mr. Shaw commented that one of the construction yards south of them is a non conforming yard. They have no permits and filed without permission. They have four or five vehicles. I have contacted the City about this non conforming activity but, so far, nothing has been done about it. Mr. Bowes was informed about the past history of the property at the time of purchase. Mr. Collins noted that they did not require additional landscaping or asphalt. Council Member Morgan asked if Council accepts the findings and conclusions as written and later dust and screening become an issue, what enforcement does the City have. Mr. Collins said it would not be a violation of the zoning code, it would violate the nuisance ordinance. Attorney Haney explained if Council adopts staff's findings and conclusions they are finding there is not more than a moderate impact on the environment, therefore, there aren't mitigation measures needed. If Council determines there is a significant adverse environmental impact, then they can either order the issuance of a declaration of significance or discuss with the applicant mitigation measures Council would want done; if he agrees to them, you can issue a mitigated DNS. Councilman Simpson said he feels there is a significant impact if the City is trying to set a standard in this loca- tion. Council should address screening. Attorney Haney requested that the Staff Report, which is part of the Council packet, be made a part of the record. There being no further testimony, Council President Duffie closed the Public Hearing. Councilman Simpson said he feels there is an impact on what Council is trying to develop in the City. Normed is a good development, a quality development. A contractor's yard is not good building development. It is allowed in an M -1 zone so I am asking that there be mitigating measures required. TUKWILA CITY COUNCIL, REGULAR MEETING September 15, 1986 Page 6 PUBLIC HEARING Cont. Appeal (continued) RECESS: 9:45 P.M. 9:50 P.M. REPORTS Proclamation Boundary Line Adjustment between Renton and Tukwila 1987 proposed budget limitations Amend Agenda Planning Director Council Member Morgan cautioned Council that in making this decision it be based on what there is to work with and not the way we wish things would be. MOVED BY PHELPS, SECONDED BY SIMPSON, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Council President Duffie called the Regular Meeting of the Tukwila City Council back to order with Council Members pre- sent as previously reported. MOVED BY MORGAN, SECONDED BY PHELPS, THE CITY COUNCIL APPROVE THE FINDINGS AND CONCLUSIONS OF THE STAFF AND UPHOLD THE DECISION OF THE SEPA RESPONSIBLE OFFICIAL TO ISSUE A DNS.* Statement: I make this motion with the understanding that we want to encourage what is quality development and we encourage the developer to create that kind of development with screening to lessen the impacts and measures to control dust. *MOTION CARRIED WITH SIMPSON VOTING NO. Mayor Van Dusen read a Proclamation sponsored by the Tukwila Fire Department proclaiming the day of October 4, 1986, as "Help Firefighters give burns the boot day." Mayor Van Dusen reported that the paperwork for the Boundary Line Adjustment between Renton and Tukwila has been submitted to the Boundary Review Board. Staff feels they will take jurisdiction since it is a significant new procedure. Mayor Van Dusen introduced the 1987 proposed budget initiatives to Council. He has allowed funds for three new employees Utility Worker, Utility /Mechanical Inspector, and Police Officer. There is extra labor allowed for the equiva- lent of one full time employee. The goal for next year is to follow up on department evaluations and do Public Works and General Administration in 1987. He asked the Finance and Personnel Committee to look closely at the increase in personnel. MOVED BY PHELPS, SECONDED BY SIMPSON, TO AMEND THE AGENDA TO INCLUDE THE SALARY STUDY AS AN ITEM UNDER THE EXECUTIVE SESSION IN NO. 9 AND FOLLOWING THE EXECUTIVE SESSION THE RESOLUTION. MOTION CARRIED. Brad Collins, Planning Director, explained that he has sub- mitted a letter of resignation and tonight is his last appearance before Council as the Planning Director. He thanked Council and said he has enjoyed being at the City for five years; he has learned a lot, has met a lot of nice people, and it is hard to leave. Council Member Phelps expressed appreciation to Brad Collins. During the past five years the City has continued to make significant changes that had to do with the Planning Department, land use and building issues.. TUKWILA CITY COUNCIL, REGULAR MEETING September 15, 1986 Page 7 MISCELLANEOUS Referral to Community Affairs Committee EXECUTIVE SESSION 9:45 P.M. REGULAR MEETING A Resolution\estab lishing a salary classification administration plan for City executive staff ADJOURNMENT 10:10 p.m. X4177 MOVED BY HARRIS, SECONDED BY PHELPS, THAT RESOLUTION NO. 763 (Pond Property) BE REFERRED TO THE COMMUNITY AFFAIRS COMMITTEE. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY MORGAN, THAT COUNCIL GO INTO EXECUTIVE SESSION. MOTION CARRIED. Th purpose of the Executive Session is to discuss Labor Negotiations for 10 minutes and the Salary study for 10 minutes. Council adjourned Executive Session and Council President Duffie called the Regular Meeting back to order. MOVED BY PHELPS, SECONDED BY SIMPSON, THAT THE PROPOSED RESOLUTION BY READ BY TITLE ONLY. MOTION CARRIED. City Attorney Haney read a resolution of the City Council of the City of Tukwila, Wash., establishing a salary classifica- tion and administration plan for City executive staff. MOVED BY PHELPS, SECONDED BY SIMPSON, THAT RESOLUTION NO. 1015 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY SIMPSON, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. G L. 'Vann Dusen, Mayor axi e Anderson, City Clerk