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HomeMy WebLinkAboutPermit L08-020 - BARGHAUSEN ENGINEERING - ARCO AM/PM VARIANCEARCO AM/PM RAZE & REBUILD VARIANCE 5800 SOUThCENTER BLVD I.08 -020 TLIS FILE ALSO INCLUDES A CD LOCATED WITH DCD, IN LAND USE CD FILE AT F ONT DESK FILE # Z. D Dao Notification: • Cizy of Tukwila 0 Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Staff Report To the City's Hearing Examiner Prepared June 19, 2008 Notification of Application was distributed by mail to property owners and tenants within 500 feet of the subject property on April 23, 2008. The Notice of Application was also posted on site on April 23, 2008. Notice of Public Hearing was distributed to property owners and tenants on June 12, 2008. The Notice of Public Hearing was also published in the Seattle Times on June 12, 2008 and posted on site on June 12, 2008. The applicant amended their notification on July 18, 2008. A revised Notice of Application and Notice of Public Hearing were distributed to property owners and tenants within 500 feet of the property on July 29, 2008. A Notice of Public Hearing was also published in the Seattle Times on July 29, 2008. File Number: L08 -020 (Variance Application) Associated Permits: L08 -019 (Administrative Design Review) Applicant Harley Mattson on behalf of ARCO AM /PM Request: ARCO AM/PM (hereafter the applicant) has submitted a variance application to install a fuel canopy within the required setback of the Regional Commercial Mixed Use (RCM) zone. Location: 5800 Southcenter Blvd Comprehensive Plan Designation: Regional Commercial Mixed Use (RCM) Zoning District: Regional Commercial Mixed Use (RCM) SEPA Determination: Exempt from Review 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 =3670 • Fax: 206 - 431 =3665 • • ARCO AM/PM Staff: Brandon J. Miles, Senior Planner Recommendation: Attachments: A: Aerial Photo B: Proposed Site Plan C: Truck Turning Exhibit D: Applicant's Response to Variance Criteria Vicinity /Site Information Project Description The applicant is proposing to demolish the existing convenience station located at 5800 Southcenter Blvd and replace it with a new 2400 square foot building. The building will be approximately 79 feet by 29 feet. The applicant is also proposing to replace the existing fuel canopy with a newer and larger fuel canopy. The replaced canopy will extend into the required 20 foot front setback. Existing Development The property is currently used as a convenience store with four pump stations located in the front of the building between the store and Southcenter Blvd. According to King County Records the building was constructed in 1973 and has a square footage of 1,800 square feet. The canopy over the fuel islands has a square footage of 1,512 square feet. Currently the main building and canopy are connected as one structure. Given that fuel is sold at the site, the site also features underground piping and tanks which are utilized for the dispensing of fuel. Parking for the current use is located along the rear of the building. According to King County Records the parcel has an area of 18,158 square feet. The property is irregularly shaped (See Attachment B, Sheet S -1). The property currently has a 35 foot vehicular access drive off of Southcenter Blvd. The property also utilizes two access easements for ingress and egress (See Attachment C: Truck Turning Exhibit). The property is currently zoned Regional Commercial Mixed Use (RCM). TMC 18.26.040 notes that the intent of the RCM zone is to "...to provide for areas characterized by commercial services, offices, lodging, entertainment, and retail activities with associated warehousing, and accessory light industrial uses, along a transportation corridor and intended for high - intensity regional uses ". There is a six to eight foot tall retaining wall along the rear of the property line. There is a small amount of perimeter landscaping located along the site. A large pylon sign is also located in the front of the property along Southcenter Blvd. City Of Tukwila Page 2 08/05/2008 H:\Developments\ARCO \Variance SR.doc • • ARCO AM/PM There are three access points to the site: Access A: Is located east of the site and is a shared access for the Arco site as well as an adjacent apartment building and a self storage business. Access B: Is located off of Southcenter Blvd and is single use access point for Arco AM/PM Access C: Is west of the Arco site via Southcenter Blvd. This site is a shared access with the Arco property and an adjacent property that currently includes a Denny's Restaurant. Surrounding Land Uses: The project site is located along one of the busiest streets in the City. According to the City's Public Works Department's monthly traffic monitoring, Southcenter Blvd west of 615t Ave averages approximately 36,000 automobiles per month. Southcenter Blvd provides a direct link between Interstate 5 and the City's Urban Center. Topography: The property is predominantly flat with a slight NW to SE grade of less than one percent. Vegetation: There are several deciduous and coniferous trees along the outer edge of the property. These trees will be removed as part of this project. Findings- Decision Criteria - Variance Application The proposed project must comply with criteria detailed in TMC 18.72.020, (1 -5), concerning Variance requests. The applicant's response to variance criteria is attached to this staff report as Attachment (D). Staff makes the following findings under the city's variance criteria (TMC 18.72.020): Under TMC 18.72.020 the Hearing Examiner must find that all of the criteria are met in order to approve the variance. Note: The applicant has an administrative design review application pending with the City. There are certain items related to the administrative design review application that will be resolved under the authority of the Community Development Director. 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. City Of Tukwila Page 3 08/05/2008 H:\Developments\ARCO \Variance SR.doc • • ARCO AM/PM The RCM zoning permits gas stations as an outright permitted use (TMC 18.26.020). There are currently four fuel pumps located on the site which allow a total of eight cars to be fueled at one time. The existing canopy extends seven feet into the required setback. However, the pumps and the canopy's foundation are outside of the 20 -foot setback area. The Washington State Department of Ecology Stormwater Management Manual requires that fueling stations be covered under a roof to reduce fuel from being washed into the City'stormwater system. The current canopy on the site does not provide adequate coverage. The applicant is requesting to remove the existing canopy and replace it with a canopy that is eight feet wider on the east side and eight feet wider on the west site. The new canopy would continue to have the same setback as the existing canopy, however the linear distance of the canopy within the setback area will increase 16 feet. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. The applicant's property has an irregular trapezoidal shape. The property is wide in the front along Southcenter Blvd and then gets smaller in the rear of the property. Additionally, the property has a small lot area of 18,000 square feet. The surrounding properties range in size from 50,000 square feet to 80,000 square feet. Planning staff examined the lot sizes of other convenience stores within the City and found that the project site appears to have the smallest lot area of all convenience stores within the City. The lot area for convenience stores within the City range in size from 23,274 square feet to 46,975 square feet. The mean for properties that contain convenience stores within the City is 31,978 square feet. Due to the irregular shaped and small property, placement of parking, buildings, and other site features is limited. The proposed building will just meet the City's minimum setback requirements. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. As noted gas stations are outright permitted uses within the RCM zone. The current gas station on the site has been in operation since 1973. The applicant is not proposing a change of use. The usable floor area of the convenience store will increase by 250 square feet. This is a marginal increase and will not generate a significant number of new vehicular trips. Those trips generated will be mitigated under the City's Traffic Impact fee requirements. As part of the pending design review application, the Director will review the proposed building design, landscaping, and pedestrian connections. The current parking on the site is located in a "blind" spot and is not visible to people inside the store. The proposed site City Of Tukwila Page 4 08/05/2008 H:\Developments\ARCO \Variance SR.doc • • ARCO AM/PM design will allow parking for the store to be located in the front of the store, thus allowing people within the store to view the parking area. The variance will allow the applicant to install a fuel canopy that completely covers the spill pad of the fueling area. This will prevent fuel from entering the City's stormwater system and thus will reduce the number of containments entering nearby water bodies (Gilliam Creek and the Green River). 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. The City's Comprehensive Land Use Policy Plan (hereafter "Plan ") identifies five transportation corridors within the City. Southcenter Blvd is one of those five corridors. The Plan notes, "The Southcenter Blvd corridor extends from the eastern City limits of the railroad tracks and Grady Way to TIB. It is a major east -west corridor for the south King County area, and is a frontage road and alternative to Interstate 405 and SR 518. Along the length of the road there are offices and low -, medium -, or high - density residential uses. There are several commercial sections, which are primarily for convenience uses and are confined to specific locations (89) ". The Plan provides general policies for the City's Corridors which can be found under Policy 8.1.1 through 8.1.16. Many of these policies discuss improving the urban form and urban design along the City's major corridors. As noted the proposing project is subject to design review and it is through this process that many of the issues related to the specific design of the site will be addressed. However, the proposed variance will not hinder the ability of the City to work out any design issues. The preliminary site plan indicates that the proposed project will provide adequate space for landscaping and parking. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. Redevelopment of the subject property is limited by the property's shape and size. As noted, adjacent properties range in size from 50,000 to 80,000 square feet in size and is the smallest property that contains a convenience store The applicant's variance application is needed primarily due to a change in stormwater regulations. The applicant is seeking to improve the coverage over the fuel spill area and thus reduce contaminated stormwater run -off. However, in order to do this the applicant must increase the linear length of canopy located within the setback area. CONCLUSIONS City Of Tukwila Page 5 08/05/2008 H:\Developments\ARCO \Variance SR.doc • • ARCO AM/PM 1. The variance would not constitute a granting of special privilege inconsistent with the limitations on other properties in the zone or the vicinity. The application will allow a gas station which has been operating in the City since 1973 to remain and will improve the stormwater discharge from the site. 2. The size and shape of the site presents unique circumstances not faced by other property owners in the vicinity. The site is relatively small in relation to other properties in the area and the site's trapezoidal shape creates difficulty in placing a building, landscaping, and other site features. 3. Extending the canopy into the setback area will not adversely impact public safety or public welfare. In fact public welfare will be improved in that stormwater from the site will contain less containments. The overall site improvements will allow for the parking on the site to be visible from the store. 4. Without the variance the economic potential of the property would be significantly diminished. 5. The variance would allow the property owner to enjoy a substantial property right enjoyed by other equally situated land owners. RECOMMENDATION Staff recommends approval of the variance, to increase the linear feet of the fuel canopy within the 20 -foot setback area, with no conditions. All other issues related to site design will be addressed as part of the design review application. City Of Tukwila Page 6 08/05/2008 H:\Developments\ARCO \Variance SR.doc 0 • TO: Development Review Staff Police, Crime Prevention FROM: Brandon Miles, Senior Planner RE: ARCO AM/PM Redevelopment 5800 Southcenter Blvd L08 -019 and L08 -020 DATE: April 8, 2008 ARCO AM/PM has submitted a design review application and variance application to construct a new store at 5800 Southcenter Blvd. The applicant is requesting that the City grant a variance for the required ten foot setback along the rear property line. Please provide any comments regarding the design review and variance application by April 25, 2008. CITY OF TUKWILA HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION PROJECT INFORMATION SUMMARY APPLICATION: LOCATION: FILE NUMBER: APPLICANT: COMPREHENSIVE PLAN DESIGNATION: ZONING DISTRICT: SEPA DETERMINATION: PUBLIC HEARING: Variance to allow installation of a fuel canopy within the required setback of the Regional Commercial Mixed Use (RCM) zone. 5800 Southcenter Boulevard L08 -020 Harley Mattson on behalf of ARCO AM/PM Regional Commercial Mixed Use (RCM) Regional Commercial Mixed Use (RCM) Exempt August 12, 2008 The following persons offered testimony at the hearing: Brandon Miles, Senior Planner, Department of Community Development Scott Hartwell, 5800 Southcenter Boulevard, Tukwila, WA 98188 Harley Mattson, Barghausen Consulting Engineers, Inc., 18215 72nd Avenue South, Kent, WA 98032 Jason Smith, Bovis Lend - Lease /ARCO, 30 Barcelona Place, Danville, CA 94526 Susie Yamashita, 5800 Southcenter Boulevard, Tukwila, WA 98188 EXHIBITS: The following exhibits were entered into the record: 1. Department's staff report Attachment A: Aerial Photo Attachment B: Site Plan Attachment C: Truck Turning Exhibit Attachment D: Applicant's response to variance criteria • • Hearing Examiner Decision L08 -020 ARCO AM/PM Variance Page 2 of 4 Introduction The applicant seeks a variance in order to install a new fuel canopy which would intrude into the required setback area. A public hearing on the application was held on August 12, 2008, at the Department of Community Development, 6300 Southcenter Boulevard, Tukwila, WA. Represented at the hearing were: the Department, by Brandon Miles, Senior Planner, and the applicant, ARCO AM/PM, by Harley Mattson. The Hearing Examiner inspected the site on August 12, 2008. After due consideration of the evidence presented at the public hearing, the following shall constitute the findings of fact, conclusions and decision of the Hearing Examiner on this application. Findings of Fact 1. The property is addressed as 5800 Southcenter Boulevard, and is developed with a gas station and convenience store. The site is essentially level, and is approximately 18,158 square feet. The property has a 35 -foot vehicular access drive off of Southcenter Boulevard, a shared access east of the site, and a shared access west with the adjacent Denny's Restaurant property. 2. The property is zoned Regional Commercial Mixed Use (RCM). The Comprehensive Plan designation for the area is RCM. Gas stations are a permitted use in the RCM zone. Under TMC 18.26.040, the intent of the RCM zone is to "provide for areas characterized by commercial services, offices, lodging, entertainment, and retail activities with associated warehousing, and accessory light industrial uses, along a transportation corridor and intended for high - intensity regional uses." The Comprehensive Plan also identifies Southcenter Boulevard as a transportation corridor, and includes general policies for the City's corridors. 3. The parcel is irregularly- shaped, wide at its front along Southcenter Boulevard, but becoming narrow at the rear of the property, as shown in Attachment B to Exhibit 1. The Code requires a 20 -foot setback from the south (front) property line adjacent to Southcenter Boulevard. 4. The convenience store at the site was constructed in 1973, and has a square footage of 1800 square feet. Parking is located behind the store building. There are four fuel islands, which allow eight vehicles to be fueled at one time. A canopy of approximately 1,512 square feet is connected to the building. The existing canopy roof extends seven feet into the required 20 -foot setback, as shown in Exhibit 1, Attachment C. Hearing Examiner Decision L08 -020 ARCO AM/PM Variance Page 3 of 4 5. At approximately 18,000 square feet, the property is small compared with surrounding properties, which range between 50,000 to 80,000 square feet. The property appears to be the smallest lot in the City used for a convenience store. The lot areas in the City for convenience stores range between 23,274 square feet to 46,975 square feet, with a mean average size of 31,978 square feet. 6. The proposal is to remove the existing canopy and replace it with a canopy that is eight feet wider on the east side and eight feet wider on the west side. The new canopy would have the same setback, 13 feet, as the existing canopy, except that the linear distance of the canopy within the setback area would increase by 16 feet. The new canopy is part of a larger proposal to demolish the existing building and replace it with a new building (the existing fuel pumps and underground storage tanks are not proposed to be relocated as part of the redevelopment). The larger redevelopment proposal requires design review approval, and the Department will consider issues such as building design, parking, and landscaping during the design review process. 7. The state Department of Ecology Stormwater Management Manual for Western Washington requires new or substantially remodeled fuel stations to be constructed under a roof, to protect fueling areas from rainfall and prevent fuel from entering the stormwater system. The existing canopy does not fully cover the spill containment pad. The proposed new canopy would provide full coverage of the spill containment pad consistent with the DOE Manual requirements. 8. The Department has reviewed the proposed variance and recommends approval with no conditions. At the public hearing, all persons testifying were in favor of granting the variance. 9. TMC 18.72.020 sets out the criteria for the grant of a variance. Conclusions 1. The Hearing Examiner has jurisdiction over this application pursuant to TMC 18.104.010 and 18.108.030. Under TMC 18.72.020, all of the variance criteria must be met in order for a variance to be granted. 2. The variance would not constitute a grant of special privilege inconsistent with limitations on other properties in the zone or vicinity. The variance would allow the applicant to enlarge the canopy and enable the existing gas station, which is a permitted use in this zone, to comply with the state DOE Stormwater Manangement Manual requirements. • Hearing Examiner Decision L08 -020 ARCO AM/PM Variance Page 4 of 4 3. The variance is necessary because of the property's small size and irregular trapezoidal shape, which constrain the development of the site as a whole, and which necessitate expanding the canopy along the existing 13 -foot setback line. 4. No material detriment to the public welfare or injury to property or improvements in the vicinity or zone would be created by grant of the variance. The variance would allow a new canopy to be installed that observes the existing 13 -foot setback line, and no detrimental impacts from the new canopy were identified. The new canopy roof is designed to prevent rain from carrying contaminants into the stormwater system, and it would therefore provide a benefit to the public welfare. 5. The implementation of the Comprehensive Plan would not be adversely affected by the variance. None of the Plan policies concerning the City's Corridors, including the Southcenter Boulevard corridor, are implicated in the granting of this variance. The redevelopment of the site, including parking and landscaping, will be reviewed pursuant to the design review process, and consistency with applicable requirements will be reviewed as part of that process. 6. The variance is required in order for the applicant to enjoy a substantial property right possessed by other property owners in the zone and vicinity. Because of the site's small size and irregular shape, some variance relief is required in order to allow the site to redevelop as a convenience store while meeting other development standards and meeting the state stormwater manual requirements. Absent such relief, the applicant would not be able to utilize the property to the extent enjoyed by other property owners in the zone and vicinity. 7. The application meets all of the variance criteria, and should be approved. Decision The requested variance is hereby approved. Entered this 15th day of August, 2008. Anne Watanabe Hearing Examiner Concerning Further Review TMC 18.108.030.0 states that "The decision of the Hearing Examiner shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C." STATEMENT OF COMPLIANCE Criteria for Zoning Code Variance (TMC 18.72.020) ARCO AM/PM Raze and Rebuild 5800 Southcenter Boulevard, Tukwila, Washington ARCO Fac. No. 6155 / Our Job No. 1975.9 The proposal meets the following Zoning Code Variance Criteria: CRITERIA FOR ZONING CODE VARIANCE (TMC 18.72.020) RECEIVED JUL 0 8 2008 COMMUNITY DEVELOPMENT 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. [Explain how your requested variance would not give you a special privilege in your use of the property in relation to the requirements imposed on adjacent and neighboring properties and on properties within the same zone classification]. Response: The site is located within the Regional Commercial Mixed -Use District (RCM). The City of Tukwila setback standards for the RCM District require a 20- foot - minimum building setback from the front property line. The existing fueling canopy structure is located 13 feet from the front (south) property line. The requested variance is to allow for replacement of the canopy roof with a roof that is eight feet wider on the west and eight feet wider on the east than the existing roof. The new roof would not extend further into the required 20 -foot front (south) yard setback than the existing roof. The Washington State Department of Ecology (DOE) Stormwater Management Manual for Western Washington requires new or substantially remodeled fueling stations to be constructed under a roof to keep out rainfall and stormwater run -on. The fueling islands must have a roof or canopy over the concrete spill containment pad that is at least as large as the containment pad to reduce the introduction of windblown rain. The existing roof does not fully cover the spill containment pad. The larger roof will provide full coverage of the spill containment pad in accordance with DOE stormwater pollution prevention measures. Approval of the requested variance would not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity because the roof expansion is necessary for implementing required stormwater pollution prevention measures. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. [Does a special property characteristic such as size, shape or topography, combined with the Zoning Code requirement, prevent you from using your property in the manner of adjacent properties or other like -zoned properties?' Response: The subject property is smaller compared to the surrounding properties and is of an irregular shape. The subject property is 18,653 square feet, compared to the adjacent properties that range from 50,000 to 80,000 square feet; therefore, the subject property is one -third smaller than the surrounding properties. The subject property is an irregular trapezoidal shape, which is wider in the front of the property and smaller towards the back of the property. Due to the irregular shape of the property, placement of buildings, parking and circulation areas is limited. Page 1 of 4 1975.020.doc Attachment D • • The size and shape of the site, combined with strict application of the 20 -foot setback requirement, would limit the developable area to an 88- to 134 -foot by 109 -foot space (approximately 12,000 square feet). The proposed redevelopment project will help to sustain the economic viability of the existing business. Approval of the variance is necessary to maintain an existing commercial business on a small and irregularly shaped site and to bring the site into conformance with current environmental standards for stormwater pollution prevention. Therefore, granting the variance is necessary to provide the site with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. [Would granting your request cause any harm, injury, or interference with uses of adjacent and neighboring properties? (Consider traffic, views, light, aesthetic impacts, etc.)] Response: The proposed project consists of redevelopment of an existing use that has coexisted with the surrounding uses since it was constructed in 1973. The use of the property will not change, nor will the number of gasoline dispensers /vehicle fueling positions. The usable area of the proposed convenience store building is 1,300 square feet (2,346 square feet minus storage and mechanical areas), which is comparable to the 1,050 square feet of useable area in the existing convenience store. Since there will be no change in use and no increase in the number of gasoline dispensers /vehicle fueling positions, the proposed project would not generate additional traffic beyond the existing traffic conditions. The requested variance is to allow for replacement of the canopy roof with a roof that is eight feet wider on the west and eight feet wider on the east than the existing roof. The larger roof will provide full coverage of the spill containment pad in accordance with DOE stormwater pollution prevention measures. The larger roof will also promote convenience for fuel customers because it will provide protection from the weather. The existing facility is outdated and does not provide a defined accessible route of travel for disabled members of the community to travel from the street to the store. The parking spaces are currently located behind the existing convenience store building and thus the convenience store employee cannot directly view and monitor activities in that area from the cashier station. The new convenience store would allow the cashier to view and monitor activities in both the parking and fuel dispensing areas of the site. The site would be upgraded with an ADA travel path that would connect the store entrance to the sidewalk along Southcenter Boulevard. These improvements would result in a safer and more accessible facility to serve the needs of the neighborhood. For the reasons noted above, granting the variance request would not cause harm, injury, or interference with uses of the adjacent neighboring properties. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. Page 2 of 4 1975.020.doc • • [After review of the City's Comprehensive Land Use Policy Plan, list any inconsistencies between your variance and the Plan's goals, objectives or policies.] Response: The City of Tukwila Comprehensive Plan designates the site as Southcenter Transportation Corridor. The redevelopment of the ARCO AM/PM facility will encourage Goals 1.7 and 1.8 of the Tukwila Comprehensive Plan in the following ways: Goal 1.7: Commercial districts that are visually attractive and add value to the community, are visitor and pedestrian friendly, are designed with pride and constructed with quality workmanship, are secure and safe with adequate lighting and convenient access, are uncongested with smooth flowing traffic patterns, are well- maintained with adequate streetscape landscaping, and are wholesome and in harmony with adjacent uses. The redevelopment of the ARCO AM /PM site will promote a more attractive form of commercial development than the existing facility. The new canopy roof will be more visually attractive than the existing roof. The new ARCO AM /PM store will add value to the community by providing neighborhood services and goods to the residential community to the north and to the motorists who travel within the region along Southcenter Boulevard. Currently, the site does not provide ADA access from the public right -of -way to the existing convenience store. The proposed project will provide an ADA path that would connect the store entrance to the sidewalk along Southcenter Boulevard. This will make the site more pedestrian friendly. As depicted on the Preliminary Landscape Plan, prepared by Barghausen Consulting Engineers, Inc., that was submitted with this Variance Application, the proposed project will provide the required streetscape landscaping along Southcenter Boulevard. All on -site landscaping will be well maintained by the property owner. The existing driveways will remain, and thus the existing circulation patterns will not be altered through development of the proposal. The existing access drives allow for convenient access and maneuvering on this small site. The proposal would increase the safety of the site because the parking would be located in front of the new convenience store to allow the cashier to monitor activities in both the parking and fuel dispensing areas of the site. This will provide a safer environment for customers and for nearby residents because the activities of customers will be monitored. Goal 1.8: A more attractive form of commercial development along major streets in the community, in which buildings and plantings are prominent and oriented to pedestrians, transit and automobiles. The redevelopment of the ARCO AM /PM site will promote a more attractive form of commercial development than the existing facility. The building architecture will include distinctive rooflines and see - through glass. The proposed landscape plantings along Southcenter Boulevard and adjacent the new parking spaces will be prominent and will be oriented to pedestrians and automobiles. The proposed landscape improvements will be more attractive than the existing landscaping. The existing ARCO AM /PM use is an auto - oriented use that is an allowed use within the RCM District. The existing facility is outdated and is not attractive. The redevelopment of this site with a modern, more attractive service station and convenience store will allow the site to Page 3 of 4 1975.020.doc continue to provide services to the neighborhood and to motorists traveling along Southcenter Boulevard while helping to further Goal 1.8 of the Tukwila Comprehensive Plan. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. [Without the variance, no uses for which your property is zoned (i.e., for a single-family residence or commercial site) would be possible. Without the variance, rights of use of your property would not be the same as for other similarly zoned property. Describe other alternatives for use of your property. Why were these alternatives rejected ?] Response: The adjacent properties range from 50,000 to 80,000 square feet; therefore, the subject property is at a disadvantage due to its restricted size and configuration. Approval of the requested variance is necessary for the preservation and enjoyment of a substantial property right to redevelop the site with a regional commercial use that is possessed by the owners of other properties in the same zone or vicinity. Further, the proposed redevelopment project would provide for the best use of this substandard lot and would preserve an existing business that has been operating within the City of Tukwila in the same location since 1973. Page 4 of 4 1975.020.doc &hialfJufiuiea Dept. Of Community Development AFFIDAVIT OF DISTRIBUTION Aer/ V-er:e_A HEREBY DECLARE THAT: KNotice of Public Hearing Determination of Non - Significance 72 Notice of Public Meeting Project Number: Mitigated Determination of Non - Significance Mailer's Signature: Board of Adjustment Agenda Packet 6(■)CM(>4 /”r Determination of Significance as Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed/attached on this __ day of in the year 2OO C:\DOCUMENTS AND SETTINGS\ TERI -S\ DESKTOP \AFFIDAVITOFDISTRIBUTION.DOC Project Name: t 72 Project Number: - _ , /-Th&Ca, Mailer's Signature: Mailing requested by: 6(■)CM(>4 /”r , I C:\DOCUMENTS AND SETTINGS\ TERI -S\ DESKTOP \AFFIDAVITOFDISTRIBUTION.DOC CITY OF TUKWILA NOTICE OF PUBLIC HEARING PROJECT INFORMATION Arco AM /PM has filed applications for the redevelopment of the existing convenience and gas station located at 5800 Southcenter Blvd, Tukwila. The applicant seeks a variance from the City's minimum setback requirements. City's zoning code requires that the applicant maintain a ten foot setback from the rear property line, the applicant is requesting to construct a building within five feet of the rear property line. Permits applied for include: L08 -020 (Variance Application) Other known required permits include: L08 -019 (Administrative Design Review) FILES AVAILABLE FOR PUBLIC REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the counter at the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. Project Files include: PRE07 -052 OPPORTUNITY FOR PUBLIC COMMENT You are invited to comment on the project at a public hearing before the Hearing Examiner scheduled for 6:OOPM June 25, 2008 at the Tukwila City Council Chambers, 6200 Southcenter Boulevard. To confirm this date call Brandon J. Miles at the Department of Community Development at (206) 431 -3670. For further information on this proposal, contact Brandon J. Miles at (206) 431 -3670 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: March 28, 2008 Notice of Completeness Issued: April 8, 2008 Notice of Application Issued: May 5, 2008 P: \ Planning Forms \ Notice Templates \ Hearing Notice.DOC SITE PLAN *1 at r -r SOO o1 u w a.- II1NO cp_ z. zlT r Kt _O Otl INK SA- KO -It KM • KOOS mNMr. IOF Sr KOMI ..1 alt �..Yi:'•'4. : 'S.? 0000 �i'1 >•^x�: ]x BOVINCHfI$1 BOIAEVARD VICINITY MAP N.TS. MOO AM/PM RAZE AND MAD � ou-o - N mw MOM 17‘ >w NaO.O O 4Nm A010 KKK Nw 001000•000 IRK a -n WS CVO COOK MINIM MO o0 OM 52311 .cr OO1 MO ma ® on — MUM rorMAl.roW OOP K COCOON O - MOM K mr WI OANOR Caw KNOW= 00C ONO R Mon MOM Karr DC MK SOW Kowa NO w VW 0•07 NO Kw OM 1551* SMO A ON LAN ®II COOVI w K. 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COMMUNITY MEMBER 5821 S 152ND PL Apt 15 TUKWILA WA 98188 -2476 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 18 TUKWILA WA 98188 -2476 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 20 TUKWILA WA 98188 -2477 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 23 TUKWILA WA 98188 -2477 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 26 TUKWILA WA 98188 -2477 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 29 TUKWILA WA 98188 -2477 TUKWILA CJ OMMUNITY MEMBER 5821 S 152ND PL Apt 13 TUKWILA WA 98188 -2476 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 16 TUKWILA WA 98188 -2476 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 19 TUKWILA WA 98188 -2477 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 21 TUKWILA WA 98188 -2477 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 24 TUKWILA WA 98188 -2477 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 27 TUKWILA WA 98188 -2477 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 3 TUKWILA WA 98188 -2476 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 14 TUKWILA WA 98188 -2476 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 17 TUKWILA WA 98188 -2476 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 2 TUKWILA WA 98188 -2476 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 22 TUKWILA WA 98188 -2477 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 25 TUKWILA WA 98188 -2477 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 28 TUKWILA WA 98188 -2477 TUKWILA COMMUNITY MEMBER 5821 S 152ND PL Apt 30 TUKWILA WA 98188 -2477 • city of Tukwila 1 Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF COMPLETE APPLICATION April 8, 2008 Ms. Harley Mattson 18215 72 °d Ave S Kent, WA 98032 Re: Notice of complete applications L08 -019 and L08 -020 Dear Ms. Mattson: The Department of Community Development received your design review and variance application to rebuild the existing Arco AM/PM at 5800 Southcenter Blvd on March 28, 2008. Based on a review of your application for submittal requirements for Design Review and Variance applications your application is deemed complete as of April 8, 2008. A notice of land use application will be distributed within 14 days of this date. The next step is for you to install the notice board on the site within 14 days of the date of this letter. You received information on how to install the sign with your application packet. If you need another set of those instructions, you may obtain them at the Department of Community Development (DCD). This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. If you have any questions, you can contact me at (206) 431 -3670 or by email at bmiles@ci.tukwila.wa.us. Sincerely, B andon J. Miles Senior Planner cc. File (L08 -019 and L08 -020) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 RECEIVED MAR 2 8 2008' pa-SET • • Project Narrative ARCO AM /PM Mini - Market Facility 5800 Southcenter Boulevard Tukwila, Washington ARCO Fac. No. 6155 / Our Job No. 1975 Project Summary: The proposal is to demolish the existing 1,800- square -foot convenience store, detach the existing canopy from the existing convenience store, modify the north canopy overhang, and wrap the canopy with new fascia and signs and construct a new 2,346- square -foot ( "2400 ") ARCO AM /PM convenience store. The four existing gasoline dispensers and underground storage tanks (USTs) and product, vent and vapor recovery lines will remain. Other site improvements will consist of constructing a new trash enclosure, modifications to the existing landscape buffers, adding new landscaping, adding an ADA travel path from Southcenter Boulevard to the convenience store entrance, and new parking lot striping. The utilities will be reconnected with upgrades as required. The project will be designed with BP's "new look" consisting of complimentary building architecture, color scheme, and sign program. On -Site and Surrounding Zoning and Land Uses: The BP site is currently zoned Regional Commercial Mixed Use (RCM). The sites to the east and west are also zoned RCM; the site to the north is zoned High- Density Residential (HDR); and the site to the south, across Southcenter Boulevard, is City -owned land and 1 -405. Uses surrounding the BP site are as follows: • North: 24 -foot asphalt paved access drive to /from Denny's and high -rise apartment complex • East: Self- storage business and access drive • West: Denny's restaurant • South: Southcenter Boulevard (and 1 -405) Existing Conditions: The existing site of approximately 18,653 square feet consists of a 1,800- square -foot convenience store with an attached 1,512- square -foot canopy over four multi - product dispensers /islands, four petroleum USTs, perimeter landscaping, and a trash enclosure. Retaining walls exist along portions of the west and east property lines, with a full - length wall along the north. The site is situated on the north side of Southcenter Boulevard, west of 61st Avenue South, and east of Macadam Road South. Features of the Site Plan and Building Architecture: The BP site is designed with the AM /PM convenience store located in the northern portion of the site facing south with an existing canopy located adjacent to Southcenter Boulevard. Page 1 of 3 ARCO AM /PM Tukwila, Washington 1975.017.doc 4 1 • • The new AM /PM mini - market will provide a new look with its architecture, color scheme, detail and sign program. The exterior materials will consist of sand finish cement plaster and will be painted warm gray and pearl gray. The storefront will be accented with a 12 -inch color band with orange, blue, and red accent stripes and an LED Tight strip. The existing ARCO fueling canopy will be retained along with the four multi - product dispensers with a total of eight fueling positions; therefore, the proposal will not result in an increase in vehicle fueling positions and associated traffic. BP will continue to sell three grades of gasoline. The project will provide a total of seven parking stalls (2.5 parking stalls per 1,000 square feet of usable floor area). Other site improvements will include regrading and repaving of all vehicle- maneuvering areas, landscaping, and stormwater quality facilities. The project will also provide a new ADA accessible pedestrian access route connecting the sidewalk along Southcenter Boulevard to the convenience store entrance. The landscaping strips along Southcenter Boulevard, and the landscape strips along the east and west property lines, will be modified with new landscape materials and curbing. The rear yard (behind the convenience store) adjacent to the residential zone will be landscaped with a 5- foot -wide 100 percent sight- obscuring buffer. Automatic irrigation will be provided in all required landscaping areas. These landscape improvements will provide a clean finished look along the street frontage. Facility Operations and Products: Like the existing facility, the new facility will be open 24 hours a day, 7 days a week with one to two employees on -site at any time. The convenience store will provide a large variety of food and sundry items, including milk to magazines, cheeses to chips, prepared food and baked goods, along with soft drinks and other non - alcoholic beverages. The convenience store will also sell packaged beer and wine and will have electronic and mechanical equipment, such as soda fountain machine(s), built -in refrigerator /freezers, and convection ovens. Project Schedule: The project would be constructed in one phase, as soon as all permits are approved and issued for construction, and a contractor is selected. Construction is expected to start prior to summer 2008, with project completion and opening in fall 2008. List of Required Permits and Plan Approvals (by agency): 1. City of Tukwila: Administrative Design Review, Variance (for rear setback), Building Permit, Mechanical Permit, Plumbing Permit, Electrical Permit, Right -of -Way Permit, Civil Engineering Review. 2. Cascade Water Alliance and City of Tukwila Public Works Department: (If upgrade in water service is warranted) Page 2 of 3 ARCO AM/PM Tukwila, Washington 1975.017.doc • 4 3. Puget Sound Clean Air Agency: "Notice of Intent" for demolition of the building and canopy) and notification of the presence and abatement of any asbestos - containing materials. 4. King County Health District: Food Service Plan Review, permit issuance, and on -site inspections. (The Health District is responsible for enforcing compliance with the rules and regulations of the State Board of Health for food service and will require a review of food service operations within the convenience store.) Page 3 of 3 ARCO AM /PM Tukwila, Washington 1975.017.doc • • Project Narrative ARCO AM /PM Mini - Market Facility 5800 Southcenter Boulevard Tukwila, Washington ARCO Fac. No. 6155 / Our Job No. 1975 RECEIVED MAR 2 8 20081 cnnitiviuNny maswosENT Project Summary: The proposal is to demolish the existing 1,800- square -foot convenience store, detach the existing canopy from the existing convenience store, modify the north canopy overhang, and wrap the canopy with new fascia and signs and construct a new 2,346- square -foot ( "2400 ") ARCO AM /PM convenience store. The four existing gasoline dispensers and underground storage tanks (USTs) and product, vent and vapor recovery lines will remain. Other site improvements will consist of constructing a new trash enclosure, modifications to the existing landscape buffers, adding new landscaping, adding an ADA travel path from Southcenter Boulevard to the convenience store entrance, and new parking lot striping. The utilities will be reconnected with upgrades as required. The project will be designed with BP's "new look" consisting of complimentary building architecture, color scheme, and sign program. On -Site and Surrounding Zoning and Land Uses: The BP site is currently zoned Regional Commercial Mixed Use (RCM). The sites to the east and west are also zoned RCM; the site to the north is zoned High- Density Residential (HDR); and the site to the south, across Southcenter Boulevard, is City -owned land and 1 -405. Uses surrounding the BP site are as follows: • North: 24 -foot asphalt paved access drive to /from Denny's and high -rise apartment complex • East: Self- storage business and access drive • West: Denny's restaurant • South: Southcenter Boulevard (and 1 -405) Existing Conditions: The existing site of approximately 18,653 square feet consists of a 1,800- square -foot convenience store with an attached 1,512- square -foot canopy over four multi - product dispensers /islands, four petroleum USTs, perimeter landscaping, and a trash enclosure. Retaining walls exist along portions of the west and east property lines, with a full - length wall along the north. The site is situated on the north side of Southcenter Boulevard, west of 61st Avenue South, and east of Macadam Road South. Features of the Site Plan and Building Architecture: The BP site is designed with the AM /PM convenience store located in the northern portion of the site facing south with an existing canopy located adjacent to Southcenter Boulevard. Page 1 of 3 ARCO AM/PM Tukwila, Washington 1975.017.doc The new AM /PM mini - market will provide a new look with its architecture, color scheme, detail and sign program. The exterior materials will consist of sand finish cement plaster and will be painted warm gray and pearl gray. The storefront will be accented with a 12 -inch color band with orange, blue, and red accent stripes and an LED light ip. The existing ARCO fueling canopy will be retained along with the four multi - product dispensers with a total of eight fueling positions; therefore, the proposal will not result in an increase in vehicle fueling positions and associated traffic. BP will continue to sell three grades of gasoline. The project will provide a total of seven parking stalls (2.5 parking stalls per 1,000 square feet of usable floor area). Other site improvements will include regrading and repaving of all vehicle- maneuvering areas, landscaping, and stormwater quality facilities. The project will also provide a new ADA accessible pedestrian access route connecting the sidewalk along Southcenter Boulevard to the convenience store entrance. The landscaping strips along Southcenter Boulevard, and the landscape strips along the east and west property lines, will be modified with new landscape materials and curbing. The rear yard (behind the convenience store) adjacent to the residential zone will be landscaped with a 5- foot -wide 100 percent sight- obscuring buffer. Automatic irrigation will be provided in all required landscaping areas. These landscape improvements will provide a clean finished look along the street frontage. Facility Operations and Products: Like the existing facility, the new facility will be open 24 hours a day, 7 days a week with one to two employees on -site at any time. The convenience store will provide a large variety of food and sundry items, including milk to magazines, cheeses to chips, prepared food and baked goods, along with soft drinks and other non - alcoholic beverages. The convenience store will also sell packaged beer and wine and will have electronic and mechanical equipment, such as soda fountain machine(s), built -in refrigerator /freezers, and convection ovens. Proiect Schedule: The project would be constructed in one phase, as soon as all permits are approved and issued for construction, and a contractor is selected. Construction is expected to start prior to summer 2008, with project completion and opening in fall 2008. List of Required Permits and Plan Approvals (by agency): 1. City of Tukwila: Administrative Design Review, Variance (for rear setback), Building Permit, Mechanical Permit, Plumbing Permit, Electrical Permit, Right -of -Way Permit, Civil Engineering Review. 2. Cascade Water Alliance and City of Tukwila Public Works Department: (If upgrade in water service is warranted) Page 2 of 3 ARCO AM/PM Tukwila, Washington 1975.017.doc • • 3. Puget Sound Clean Air Agency: "Notice of Intent" for demolition of the building and canopy) and notification of the presence and abatement of any asbestos - containing materials. 4. King County Health District: Food Service Plan Review, permit issuance, and on -site inspections. (The Health District is responsible for enforcing compliance with the rules and regulations of the State Board of Health for food service and will require a review of food service operations within the convenience store.) Page 3 of 3 ARCO AM/PM Tukwila, Washington 1975.017.doc • • Page 1 of 1 Project Site Attachment "A" fMMENN11111111111 5011 N CityGIS Copyright © 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. http: // maps.digitalmapcentral.com/ production /CityGIS /v07_01_047 /indexA.html 08/05/2008 c \ c '1?-\ • Project Narrative ARCO AM /PM Mini - Market Facility 5800 Southcenter Boulevard Tukwila, Washington ARCO Fac. No. 6155 / Our Job No. 1975 RECEIVED MAR 2 8 2009' COMMUNITY DEVELOPMENT Project Summary: The proposal is to demolish the existing 1,800- square -foot convenience store, detach the existing canopy from the existing convenience store, modify the north canopy overhang, and wrap the canopy with new fascia and signs and construct a new 2,346- square -foot ( "2400 ") ARCO AM /PM convenience store. The four existing gasoline dispensers and underground storage tanks (USTs) and product, vent and vapor recovery lines will remain. Other site improvements will consist of constructing a new trash enclosure, modifications to the existing landscape buffers, adding new landscaping, adding an ADA travel path from Southcenter Boulevard to the convenience store entrance, and new parking lot striping. The utilities will be reconnected with upgrades as required. The project will be designed with BP's "new look" consisting of complimentary building architecture, color scheme, and sign program. On -Site and Surrounding Zoning and Land Uses: The BP site is currently zoned Regional Commercial Mixed Use (RCM). The sites to the east and west are also zoned RCM; the site to the north is zoned High- Density Residential (HDR); and the site to the south, across Southcenter Boulevard, is City -owned land and 1 -405. Uses surrounding the BP site are as follows: • North: 24 -foot asphalt paved access drive to /from Denny's and high -rise apartment complex • East: Self- storage business and access drive • West: Denny's restaurant • South: Southcenter Boulevard (and 1 -405) Existing Conditions: The existing site of approximately 18,653 square feet consists of a 1,800- square -foot convenience store with an attached 1,512- square -foot canopy over four multi - product dispensers /islands, four petroleum USTs, perimeter landscaping, and a trash enclosure. Retaining walls exist along portions of the west and east property lines, with a full - length wall along the north. The site is situated on the north side of Southcenter Boulevard, west of 61st Avenue South, and east of Macadam Road South. Features of the Site Plan and Building Architecture: The BP site is designed with the AM /PM convenience store located in the northern portion of the site facing south with an existing canopy located adjacent to Southcenter Boulevard. Page 1 of 3 ARCO AM /PM Tukwila, Washington 1975.017.doc 0 • The new AM /PM mini - market will provide a new look with its architecture, color scheme, detail and sign program. The exterior materials will consist of sand finish cement plaster and will be painted warm gray and pearl gray. The storefront will be accented with a 12 -inch color band with orange, blue, and red accent stripes and an LED Tight strip. The existing ARCO fueling canopy will be retained along with the four multi - product dispensers with a total of eight fueling positions; therefore, the proposal will not result in an increase in vehicle fueling positions and associated traffic. BP will continue to sell three grades of gasoline. The project will provide a total of seven parking stalls (2.5 parking stalls per 1,000 square feet of usable floor area). Other site improvements will include regrading and repaving of all vehicle- maneuvering areas, landscaping, and stormwater quality facilities. The project will also provide a new ADA accessible pedestrian access route connecting the sidewalk along Southcenter Boulevard to the convenience store entrance. The landscaping strips along Southcenter Boulevard, and the landscape strips along the east and west property lines, will be modified with new landscape materials and curbing. The rear yard (behind the convenience store) adjacent to the residential zone will be landscaped with a 5- foot -wide 100 percent sight- obscuring buffer. Automatic irrigation will be provided in all required landscaping areas. These landscape improvements will provide a clean finished look along the street frontage. Facility Operations and Products: Like the existing facility, the new facility will be open 24 hours a day, 7 days a week with one to two employees on -site at any time. The convenience store will provide a large variety of food and sundry items, including milk to magazines, cheeses to chips, prepared food and baked goods, along with soft drinks and other non - alcoholic beverages. The convenience store will also sell packaged beer and wine and will have electronic and mechanical equipment, such as soda fountain machine(s), built -in refrigerator /freezers, and convection ovens. Project Schedule: The project would be constructed in one phase, as soon as all permits are approved and issued for construction, and a contractor is selected. Construction is expected to start prior to summer 2008, with project completion and opening in fall 2008. List of Required Permits and Plan Approvals (by agency): 1. City of Tukwila: Administrative Design Review, Variance (for rear setback), Building Permit, Mechanical Permit, Plumbing Permit, Electrical Permit, Right -of -Way Permit, Civil Engineering Review. 2. Cascade Water Alliance and City of Tukwila Public Works Department: (If upgrade in water service is warranted) Page 2 of 3 ARCO AM/PM Tukwila, Washington 1975.017.doc r • • 3. Puget Sound Clean Air Agency: "Notice of Intent" for demolition of the building and canopy) and notification of the presence and abatement of any asbestos - containing materials. 4. King County Health District: Food Service Plan Review, permit issuance, and on -site inspections. (The Health District is responsible for enforcing compliance with the rules and regulations of the State Board of Health for food service and will require a review of food service operations within the convenience store.) Page 3 of 3 ARCO AM/PM Tukwila, Washington 1975.017.doc MAR2S7t1 GOtiliitvgitor • c'94 STATEMENT OF COMPLIANCE Criteria for Zoning Code Variance (TMC 18.72.020) ARCO AM/PM Raze and Rebuild 5800 Southcenter Boulevard, Tukwila, Washington ARCO Fac. No. 6155 / Our Job No. 1975.9 The proposal meets the following Zoning Code Variance Criteria: CRITERIA FOR ZONING CODE VARIANCE (TMC 18.72.020) 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. (Explain how your requested variance would not give you a special privilege in your use of the property in relation to the requirements imposed on adjacent and neighboring properties and on properties within the same zone classificationJ. Response: The site is located within the Regional Commercial Mixed -Use District (RCM). The RCM District is intended to provide for areas characterized by commercial services, offices, lodging, entertainment, and retail activities with warehousing and accessory light industrial uses along a transportation corridor and intended for high- intensity regional uses. the adjacent properties are three times larger than the subject property and are developed with a restaurant and a self - storage facility. These adjacent uses are consistent with the intent of the RCM Distric The City of Tukwila setback standards for the RCM District require a 10- foot - minimum building ‘ON� setback from the rear property line. The variance requested is to allow for a 5 -foot setback from the rear property line. Granting a reduction would allow this smaller, subject site to be developed �- with a regional commercial use like the uses that occupy the larger, adjacent properties. Therefore, approval of the requested variance would not grant special privileges inconsistent with other properties within the vicinity. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. [Does a special property characteristic such as size, shape or topography, combined with the Zoning Code requirement, prevent you from using your property in the manner of adjacent properties or other like -zoned properties?] Response: The subject property is smaller compared to the surrounding properties and is of an irregular shape. The subject property is 18,653 square feet, compared to the adjacent properties that range from 50,000 to 80,000 square feet; therefore, the subject property is one -third smaller than the surrounding properties. The subject property is an irregular trapezoidal shape, which is wider in the front of the property and smaller towards the back of the property. Due to the .irregular shape of the property, placement of buildings, parking and circulation areas is limited. The size and shape of the site, combined with strict application of the 10 -foot setback requirement, would limit the developable area to an 88- to 134 -foot by 109 -foot space (approximately 12,000 square feet). In order to develop the site with a building large enough to accommodate a business that is regional in nature, approval of the variance is necessary to maintain on -site circulation and to provide the subject property with use rights and privileges Page 1 of 4 1975.014.doc • • permitted to the larger, adjacent properties that are also zoned RCM and are developed with regional commercial uses. Another unique condition is that the subject property abuts a driveway easement that is used for commercial purposes; it connects the existing restaurant to the west of the site to the public storage and multifamily residential driveway to the east of the site (see Exhibit 2). The driveway is 8 feet higher than the elevation of the proposed ARCO AM/PM's finish grade. The design intent of the required 10 -foot setback is to buffer residential zones from commercial buildings in commercial zones. The proposed 5 -foot rear yard, when combined with this unique condition will provide a setback that will meet the design intent of the required 10 -foot setback. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. [Would granting your request cause any harm, injury, or interference with uses of adjacent and neighboring properties? (Consider traffic, views, light, aesthetic impacts, etc.)] Response: The proposed project consists of redevelopment of an existing use that has coexisted with the surrounding uses since it was constructed in 1973. The use of the property will not change, nor will the number of gasoline dispensers /vehicle fueling positions. The usable area of the proposed convenience store building is 1,300 square feet (2,346 square feet minus storage and mechanical areas), which is comparable to the existing 1,800- square -foot convenience store which provides 1,050 square feet of useable area. Since there will be no increase in the number of gasoline dispensers /vehicle fueling positions or in usable square footage of the convenience store, the proposed project would not generate additional traffic beyond the existing traffic conditions. Granting a 5 -foot rear yard variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity for this reason. As previously mentioned, the commercial driveway and the significant grade difference between the site and the residences to the north provide a buffer between the residential zone and the subject property. Also, as depicted on the enclosed preliminary landscape plan, the proposed landscape improvements for the proposed 5 -foot rear yard will provide an aesthetically pleasing visual buffer. For these reasons, granting a 5 -foot rear yard variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. The existing facility is outdated and does not provide a defined accessible route of travel for disabled members of the community to travel from the street to the store. The parking spaces are currently located behind the existing convenience store building and thus the convenience store employee cannot directly view and monitor activities in that area from the cashier station. The new convenience store would allow the cashier to view and monitor activities in both the parking and fuel dispensing areas of the site. The site would be upgraded with an ADA travel path that would connect the store entrance to the sidewalk along Southcenter Boulevard. These improvements would result in a safer and more accessible facility to serve the needs of the neighborhood. For all of the reasons above, granting the variance request would not cause harm, injury, or interference with uses of the adjacent neighboring properties. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. [After review of the City's Comprehensive Land Use Policy Plan, list any inconsistencies between your variance and the Plan's goals, objectives or policies.] Page 2 of 4 1975.014.doc • • Response: The City of Tukwila Comprehensive Plan designates the site as Southcenter Transportation Corridor. The redevelopment of the ARCO AM/PM facility will encourage Goals 1.7 and 1.8 of the Tukwila Comprehensive Plan in the following ways: Goal 1.7: Commercial districts that are visually attractive and add value to the community, are visitor and pedestrian friendly, are designed with pride and constructed with quality workmanship, are secure and safe with adequate lighting and convenient access, are uncongested with smooth flowing traffic patterns, are well - maintained with adequate streetscape landscaping, and are wholesome and in harmony with adjacent uses. The reconstructed building will be more visually attractive than the existing building and will add value to the community by providing neighborhood services and goods to the residential community to the north and to the motorists who travel within the region along Southcenter Boulevard. Currently, the site does not provide ADA access from the public right -of -way to the existing convenience store. The proposed project will provide an ADA path that would connect the store entrance to the sidewalk along Southcenter Boulevard. This will make the site more pedestrian friendly. As depicted on the Preliminary Landscape Plan, prepared by Barghausen Consulting Engineers, Inc., that was submitted with this Variance Application, the proposed project will provide the required streetscape landscaping along Southcenter Boulevard. All on -site landscaping will be well maintained by the property owner. The existing driveways will remain, and thus the existing circulation patterns will not be altered through development of the proposal. The existing access drives allow for convenient access and maneuvering on this small site. The proposal would increase the safety of the site because the parking would be located in front of the new convenience store to allow the cashier to monitor activities in both the parking and fuel dispensing areas of the site. This will provide a safer environment for customers and for nearby residents because the activities of customers will be monitored. Goal 1.8: A more attractive form of commercial development along major streets in the community, in which buildings and plantings are prominent and oriented to pedestrians, transit and automobiles. The redevelopment of the ARCO AM/PM site will promote a more attractive form of commercial development than the existing facility. The building architecture will include distinctive rooflines and see - through glass. The proposed landscape plantings along Southcenter Boulevard and adjacent the new parking spaces will be prominent and will be oriented to pedestrians and automobiles. The proposed landscape improvements will be more attractive than the existing landscaping. The existing ARCO AM/PM use is an auto - oriented use that is an allowed use within the RCM District. The existing facility is outdated and is not attractive. The redevelopment of this site with a modern, more attractive service station and convenience store will allow the site to continue to provide services to the neighborhood and to motorists traveling along Southcenter Boulevard while helping to further Goal 1.8 of the Tukwila Comprehensive Plan. Page 3 of 4 1975.014.doc • • 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. [Without the variance, no uses for which your property is zoned (i.e., for a single-family residence or commercial site) would be possible. Without the variance, rights of use of your property would not be the same as for other similarly zoned property. Describe other alternatives for use of your property. Why were these alternatives rejected ?] Response: The RCM District is intended to provide for areas characterized by commercial services, offices, lodging, entertainment, and retail activities with warehousing and accessory light industrial uses along a transportation corridor and intended for high- intensity regional uses. The adjacent property to the west of the site is also zoned RCM and is developed with a restaurant that provides a high- intensity use. In this respect, the owner of the adjacent property to the west enjoys a substantial property right. The size and shape of the subject site, combined with strict application of the 10 -foot setback requirement would limit the developable area to an approximately 12,000- square -foot space, which does not provide adequate space for development of a structure large enough to accommodate a regional commercial use and still allow room for development of the necessary parking and landscaping improvements. The adjacent properties range from 50,000 to 80,000 square feet; therefore, the subject property is at a disadvantage due to its restricted size and configuration. Nib proposed redevelopment project would provide for the best use of this substandard lot and "would preserve an existing business that has been operating within the City of Tukwila in thesame location since 1973. Page 4 of 4 1975.014.doc 11 RECEIVED CITY OF TUKWILA MAR 2 8 1008 Department of Community Developmer,LOPMENT ZONING OR 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us SIGN CODE VARIANCE APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -SV or P -VAR Planner: 020 File Number: LO g -tom Application Complete (Date: ) Project File Number: k)g 01 - OIL Application Incomplete (Date: ) Other File Numbers: Log -01 NAME OF PROJECT/DEVELOPMENT: ARCO AM /PM Raze and Rebuild LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 5800 Southcenter Boulevard LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 115720 -0352 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /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: Barghausen Consulting Engineers, Inc. c/o Harley Mattson Address: 18215 72nd Avenue South, Kent, WA 98032 Phone: (425) 251 -6222 b1 rep 1(4 I-P tZ FAX: (425) 251 -8782 E -mall: hmattson@barghausen.com Signature: Date: 3ilaq/Oe P:\ Planning Forms\ Applications\ Variance- 12- 06.doc December 4, 2006 RECEIVED 008 COMb.tst,t i Y The materials listed below must be submitted with your application unless specifically waived in writing l if }9)3NT Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until it is 3 determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. $8 t� The initial application materials allow project review to begin and vest the applicant's rights. However, the City ma 03 z CO N -cc O O City staff are available to answer questions about application materials at 206 -431 -3670 (Department of Community CC Development) and 206 - 433 -0179 (Department of Public Works). COMPLETE. APPLICATION .CHECKLIST require additional information as needed to establish consistency with development standards. Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning APPLICATION MATERIALS: ✓ 1. Application Checklist (1 copy) indicating items submitted with application. ✓ 2. Completed Application Form and drawings (4 copies). ✓ 3 . One set of all plans reduced to 8 1/2- by 11- or 1 1 " by 17-. / 4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). V 5. Application Fee $730 in LDR and $1,215 in other zones. PUBLIC NOTICE MATERIALS: / N// 6. Payment of a $365 notice board fee to FastSigns Tukwila or Provide a 4' x 4' public notice board on site within 14 days of the Department determining that a complete application has been received (see Public Notice Sign Specifications Handout). / ✓/ 7. Payment of a $105 mailing label fee to the City of Tukwila or Provide two (2) sets of mailing labels for all property oit'neis and tenants (residents or businesses) within 500 feet of the subject property. Note: Each unit in multiple- family buildings - -e.g. apartments, condos, trailer parks - -must be included (see Public Notice Mailing Label Handout). N /Pc 8. if providing own labels King County Assessors map(s) which shows the location of each property within 500 fi. of the subject lot. PROJECT DESCRIPTION AND ANALYSIS: Z9. A written discussion of project consistency with decision criteria, see Application. This is your opportunity to argue the merits of your request. 10. Any additional drawings or information needed to explain the request. Maximum size 24- by 36 ". +n 15 1 4 ZJ iik6t-trA> -m C )MPLI A-uCL E-.1A it trAIT SITE PLAN: / ✓ 1 1 (a) The site plan must include a graphic scale, north arrow and project name. Maximum size 24" x 36'. ,SNEf 5-1 (b) Existing and proposed building footprints. (c) Vicinity Map with site location, does not have to be to scale. (d) Highlight the change being requested through the variance. ✓ (e) Parking lots, landscape areas and other site improvements. t/ (g) Fences, rockeries and retaining walls with called out colors, height and materials. P :\ Planning Forms\ Applications\ 2007 Applications\ Variance- 12- 07.doc cmArgoaa RECEIVED MAR 2 8 2008 STATE OF WASHINGTON 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 . 1 am the current owner of the property which is the subject of this application. Z. 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. 0. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 5800 Southcenter Boulevard 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 Toss 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. 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 Kent (city), WA (state), on March 19 ,20 08 COMMuNlrY DEVELQPiidENT Harley Mattson for BP West Coast Products, LLC (Print Name) Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South, Kent, WA 98032 (Address) (425) 251 -6222 tit (Ph. umber) II(Sit, ure) On this day personally appeared before me 0. lC+ 1v1 • S84' . rnC c.. 4 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 11 DAY OF MQ,rLL , zo 8' / • tit 44414 41■011Afj /9—AfW S i 0 1C.km. rn. NOTARY PUBLIC in and for the State of Washington residing at I •e.t.a +1 �v Cam$!. 4-.5 +On My Commission expires on Cp — I r'I -1 a P: \Planning Forms \ Applications \AdminBAR- 12- 06.doc December 7, 2006 r • BP West Coast Products, LLC P.O. Box 5015 Buena Park, CA 90622 1/2/2008 To Whom It May Concern: • RECEIVED bp MAR 2 8 2008 COMMUNITY DEVELOPMENT BP West Coast Products, LLC hereby authorizes Barghausen Consulting Engineers, Inc., to act on our behalf for the purpose of processing all land use entitlement and development permit related documents where BP is the legal property owner of record of ARCO and am/pm branded facilities in any district within the State of California, Oregon, and Washington. Work may also include representation at entitlement hearings or planning meeting for design review and similar services. A BP representative from the Asset Management group shall accompany the company's agent for any entitlement action. The authorization is valid until December 31, 2008. Please call me at 678 -513 -8578 should you have any questions on this matter. Respectfully, Mark Murgash BP Project Manager Nelson A. 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TRK -1 1- : \01000, \1975 \ preliminary \1975 -trkl dwg Dote/Time:7 /8/2008 2:29 PM v • op 0 RECEIVED MAR 2 8 2008 COmmum T( DEVELOPMLNT Job Number 1975 Figure EX-1 DATE: 3/21/08 Gt4A0 18215 72ND AVENUE SOUTH KENT, WA 98032 z (425) 251-6222 (425) 251-8782 < 0 • "• Fi2RM 4.? 0' /, va6 G ENG P:101000s11975Iexhibitlgraphics11975 exl .cdr CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES Scale: Horizontal HSCALE Vertical VSCALE Title: EXHIBIT '1' PHOTO EXHIBIT • • For: ARCO FACILITY #6155 TUKWILA, WASHINGTON r N 4 1 9(13 •••21. ‘61 ■ s Sf 6N slob Number 1975 Figure EX-2 DATE: 3/21/08 +ER RECEIVED MAR 2 8 2008i MS= P:101000s119751exhibitlgraphics11975 exl.cdr 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES Scale: Horizontal HSCALE Vertical VSCALE Title: For: EXHIBIT '2' PHOTO EXHIBIT ARCO FACILITY #6155 TUKWILA, WASHINGTON Len / 04D0 V21•1 -3137