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HomeMy WebLinkAbout1979-08-06 Regular MinutesTUKWILA CITY COUNCIL August 6, 1979 Tukwila City Hall 7:00 P.M. Council Chambers FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL Special Committee of the Whole Meetings Petition from citizens Receipt of Summons Claim for Damages: N. R. McMasters Waiver Request by F. Campanella for property on Interurban at approximately South 139th. Regular Meeting MINUTES sag Mayor Bauch, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, Council President; MABEL J. HARRIS, GEORGE D. HILL, DANIEL J. SAUL, DWAYNE D. TRAYNOR. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCILMAN VAN DUSEN BE EXCUSED FROM THE MEETING. MOTION CARRIED. LAWRENCE E. HARD, City Attorney; JOHN MCFARLAND, Administrative Assistant; KJELL STOKNES, OCD Director; MAXINE ANDERSON, City Clerk. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE MINUTES OF THE REGULAR MEETING OF JULY 16, 1979, AND THE SPECIAL MEETING.OF JULY 23, 1979, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Fund Vouchers #3567 #3650 Current Fund Golf Crse.Spec. Rev. Street Fund Golf Ltd. G.O. Bonds Land Acq, Bldg, Dev. Water Fund Sewer Fund PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS 3567 -3616 36,295.01 3617- 22,789.50 3618 -3633 93,740.29 3634- 77,071.24 3635 -3636 10,070.70 3637 -3644 1,965.33 3645 -3650 886.23 $242,818.30 Mayor Bauch announced that the City Council Committee of the Whole will meet August 7, 1979, 5:30 P.M. at the Doubletree Inn to discuss guidelines for the 1980 Budget. This is an open meeting. The Committee of the Whole will meet each Tuesday night at 5:00 P.M. starting August 14 to continue review of the proposed zoning ordinance. These meetings will be held in the Council Chambers. Mayor Bauch recognized receipt of a petition signed by 21 property owners along South 164th Street and a portion of 52nd Avenue South. These citizens are asking that their road not be improved, that it only have maintenance when necessary due to normal wear and tear. Mayor Bauch recognized receipt of summons numbers C 79 -877 V and 79 -2- 00765 -0, Edwin C. Hilton, Jr. vs. City of Tukwila and others. John McFarland, Administrative Assistant, explained that the City received a Claim for Damages in the amount of $5.60 from Mr. Neil R. McMasters relating to an accident with a Tukwila Fire Truck on July 19, 1979. He recommended that the claim be paid. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE CLAIM IN THE AMOUNT OF $5.60 BE PAID. MOTION CARRIED. Kjell Stoknes, OCD Director, explained that last week Council requested a density analysis be done on the property fronting on Interurban Avenue between the extensions of South 139th St. and South 137th St. on which a waiver had been requested by Mr. Felix Campanella. He cited figures comparing the Planning Commission's suggested densities for the proposed Comprehensive Plan against those suggested by the City Council. TUKWILA CITY COUNCIL, REGULAR MEETING August 6, 1979 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Request by F. Campanella for property on Interurban at approximately South 139th. The proposed development is located west of Interurban Avenue across from the Golf Course and east of the Terrace Apartments. The proposal is for five larger condominium buildings on the lower level (18 units per building) and seven four plexes on the upper piece. The reason for this waiver is because it does not meet the requirements of the Comprehensive Plan. Mrs. Nancy Moore, 13907 56th Place South,asked,with the access on to 56th Avenue, how are the people going to get in and out of the area. Mr. Stoknes said they are proposing two accesses from the property onto 56th Avenue South and these have been reviewed by the Public Works Department. Only the upper 28 units will have access to 56th Avenue, the lower units will have access to Interurban. There will be no driveway access from the upper level to the lower level. Mrs. Moore said that the traffic on 56th Place is already heavy. The tenants from the Terrace Apartments use this street and they don't bother to stop at the stop sign. She said she would like to see something proposed to the community to keep the traffic from going up 56th Place. Traffic is a real problem. She suggested that the traffic from the upper units be directed directly to Interurban and not have access to 56th Avenue. We are not trying to stop the development, but we are concerned about the traffic. c S30 Mr. Merle Skare, 13712 56th Ave. South, said he had some questions about the development. (1) What will it do to the property values in the area? (2) When is the starting date? Mayor Bauch said this depends on the action of the City Council. The waiver request has been before the Council before. They need the waiver before they can proceed. (3) Is there any reason why the citizens were not informed? Mayor Bauch said the City does not inform citizens on an action such as this. In the past, there have been articles in the newspaper on this proposed development. (4) There is lots of traffic on Interurban now, and it is hard to get out on the street in the mornings from 52nd. Does Council expect to do anything? Mayor Bauch said there is a stop light being engineered right now for 58th and Interurban. (5) Will the water and sewer lines handle this? Mr. Stoknes said that there will have to be adequate flow before a building permit is issued. (6) How high will the buildings be? Will they block our view? Mr. Stoknes said the lower level will be about 32 feet so they will not block any view from above. (7) If heavy machinery used during the development ruins the street, who pays for it? Mayor Bauch said the contractor would have to take out a street permit. If there is any damage, their bond would pay for the repairs. Mrs. Moore asked if this complex will have restrictions and not allow children. Sharon Dunning, representing F. Campanella, said that it will be up to the Comdominium Homeowner's Association. Mr. Bob Rigg, 13905 56th Place South, asked if the four plexes are combined into eight plexes how many would there be? He was told three eight plexes and one four plex. He asked if Council turns down the waiver, what density can the applicant come back with. Mayor Bauch explained that the applicant can come back with a new proposal. The applicant is trying to get the density in line with the porposed zoning ordinance. Ms. Sharon Dunning, 2900 East Lake Avenue East, Suite 210, Seattle, noted that the map on display is not the newest one. She said it is not possible to divert all of the traffic down to Interurban. She asked if Council is now going to decide on the number of units they will allow on the site. Attorney Hard said Council must act on the specific application as it was submitted. TUKWILA CITY COUNCIL, REGULAR MEETING August 6, 1979 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Request by F. Campanella for property on Interurban at approximately South 139th. 7:55 P.M. Mr. Stoknes said Mr. Campanella had submitted a revised plan with less units. The application is for 92 units. Ms. Dunning said it was their understanding that Council would decide tonight if they would allow 85 units. If this is rejected they would like some guidance from Council on what they would allow. Mr. Stoknes explained that if this application came in with only 85 units, Staff would bring the waiver to Council on the slopes only. The slope area is localized, it is not considered to be a significant slippage or unstable area. It can be made stable through geological investigation and design. Attorney Hard explained that, in order to grant a waiver, Council has to go through the entire check list. Mr. Stoknes asked for guidance from Council on whether to use Council's proposed densities or the Planning Commission's proposed densities on future requests for waivers. Staff has been using the Planning Commission version. Councilman Bohrer said Council took some action after the initial waiver was presented. It resulted in a decrease in densities or the increase in lot size requirements per unit. He noted that, under the Council's revised densities, it comes out to 76.38 units per acre. He said he felt the waiver should not be granted for a density that would be higher than what is expected to be included in the new zoning ordinance. This is more likely to be the Council version. The Comprehensive Plan designates this site as having steep slopes that require consideration. Council should either give this consideration or revise the Comprehensive Plan for this area. If this were taken into account, it would further reduce the total units on this site from 76 to 66. Councilman Traynor said, regardless of what Council does on the waiver, there is a traffic problem down there. He suggested that the Public Works Department go down there and come back with a recommendation. Councilman Hill said the main problem is one of the egresses goes into the County and the City has no control over this. Councilman Saul asked if the units that have been deleted were on the upper level and was told no, the lower level. Mrs. Moore said the community in that area would like to be involved in discussions on the street. They have 23 children in a two block area. Councilman Van Dusen arrived at the meeting. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL CONSIDER THE APPLICANT'S WAIVER FOR 85 UNITS.* 45 31 Ms. Anna Dricas, Manager of Terrace Apartments, asked if there are play areas for children on the proposed development. Traffic in the area is a very serious thing because 56th is very busy. Is there any way to direct these people down to Interurban? They have 11 children in the Terrace Apartments. Most of these are preschool age so they are not usually out alone. Ms. Dunning said they are planning two areas for sport courts and recreation area. There is no swimming pool but there is a recreation room. Councilman Traynor asked if the waiver can be held up until the traffic problem is straightened out. Mayor Bauch reminded Council that there are 28 units proposed for the upper level. TUKWILA CITY COUNCIL, REGULAR MEETING August 6, 1979 Page 4 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Reguest by F. Campanella for property on Interurban at approximately South 139th. Mr. Fred Shephard, 13616 52nd Avenue South, expressed concern over the traffic problem. A lot of extra traffic is being channeled into two narrow County roads and they can't get the County out to do anything. Mr. Terry Murakami, representing the designers of the proposed development, said that two weeks ago they met with Mr. Monaghan, Public Works Department, at the site to review the access and egress to the property. Mr. Monaghan agreed that there was no problem. They actually drove Interurban along with their discussions. Mrs. Kay Skare, 13742 56th Avenue South, commented that the traffic on Interurban starts at 6 a.m. When they go out they have to pull into the turn lane to merge with the traffic. ROLL CALL VOTE: BOHRER NO HARRIS YES HILL NO SAUL YES TRAYNOR NO VAN DUSEN NO *MOTION FAILED: 4 NO; 2 YES Attorney Hard said Council must hear the waiver. The applicant is entitled to this. You must consider it or formally continue the hearing to a time and date certain in the future. Councilman Bohrer said his objections to hearing the waiver are the same as they have always been, the applicant still has too many units. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL RECONSIDER THEIR VOTE ON THE LAST MOTION. MOTION CARRIED WITH BOHRER VOTING NO. Attorney Hard explained that an applicant who has submitted all the necessary documents to the City is entitled to have the City Council consider the entire application. This includes both the density and the slope requirements. Then Council can grant or deny it. He did not recommend that the waiver request be divided into two elements and then consider only one of them. The application before Council is for 85 units and this is what should be considered. The applicant is entitled to some action. Attorney Hard said this is only the first step of a multi step process. Council is only considering whether or not they will allow the applicant to apply for a building permit. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL CONSIDER THE WAIVER AT 85 UNITS. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #1; DOES THE PROPOSED ACTION REPRESENT A UNIQUE CONDITION ROLL CALL VOTE: BOHRER HARRIS HILL SAUL TRAYNOR VAN DUSEN *MOTION CARRIED: 5 YES; 1 NO. NO, there is a piece of property to the south of this which is similar in nature and subject to many of the same conditions. YES, we laid down the ground rules and have to follow them. YES. YES. YES. YES TUKWILA CITY COUNCIL, REGULAR MEETING August 6, 1979 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Request by F. Campanella for property on Interurban at approximately South 139th. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #2; IS THE PROPOSED ACTION SIGNIFICANT IN SCALE Councilman Hill clarified that proposed action significant in scale would include impact on the neighborhood, traffic and many other things. ROLL CALL VOTE: HARRIS YES. HILL YES. SAUL YES. TRAYNOR YES. VAN DUSEN YES. BOHRER YES. *MOTION CARRIED. ROLL CALL VOTE: HILL NO, there are a lot of alternatives and they haven't all been explored. 01533 MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #3; HAS THE APPLICANT SHOWN THAT NO REASONABLE ALTERNATIVES ARE AVAILABLE WHICH WOULD NOT REQUIRE A WAIVER Mayor Bauch clarified that only density is involved here. There is nothing the applicant can do, short of not build, that does not require a waiver under the slope requirements. SAUL TRAYNOR VAN DUSEN BOHRER NOT APPLICABLE. YES, the applicant has reduced the number of units from 106 to 85. NOT APPLICABLE. NO, this depends on a financial analysis because we are discussing density and the applicant has submitted no data on the financial impact. HARRIS YES, same as Councilman Traynor. *MOTION FAILED: 2 YES; 2 NO; 2 NOT APPLICABLE. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #4; IF THE REQUEST FOR WAIVER INVOLVES BUILDING, GRADING, CLEARING, EXCAVATION, OR FILLING IN A GEOGRAPHICAL AREA GENERALLY IDENTIFIED BY THE ENVIRONMENTAL BASE MAP AS AN AREA OF HIGH NATURAL AMENITY OR DEVELOPMENT CONSTRAINT ARE SUFFICIENT MITIGATING MEASURES PROVIDED ROLL CALL VOTE: SAUL YES, trying to preserve the natural trees that are there. TRAYNOR YES, based on one condition of the waiver is saving the trees. VAN DUSEN NO, it is not just trees, thereare other natural amenities you will loose, sight distance is one. BOHRER YES, sheet 5 of the application lists 6 conditions. Subject to the approval of density he has provided adequate measures. HARRIS YES, based on the application. HILL YES. *MOTION CARRIED: 5 YES; 1 NO. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #5; IS THE REQUEST FOR WAIVER CONSISTENT WITH THE GOALS AND POLICIES OF THE COMPREHENSIVE LAND USE POLICY PLAN Attorney Hard explained that the goals and policies are the written text of the plan, the map is a separate portion. TUKWILA CITY COUNCIL, REGULAR MEETING August 6, 1979 Page 6 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Request by F. Campanella for property on Interurban at approximately South 139th. ROLL CALL VOTE: TRAYNOR VAN DUSEN BOHRER HARRIS HILL SAUL *MOTION CARRIED: 6 YES. YES, basically it is consistent with the goals and policies. YES, he meets several of them. YES, he is generally consistent with the goals and policies. YES. YES. YES. a53v MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #6; DO THE REQUIREMENTS OF THIS WAIVER ORDINANCE IMPOSE A SPECIAL HARDSHIP TO THIS SITE Attorney Hard explained that this means, does the ordinance itself impose a hardship in the ability to develop that site. ROLL CALL VOTE: VAN DUSEN NO, the ordinance does not create a special hardship. BOHRER YES. HARRIS YES. HILL NO, the ordinance did not cause the problem, it is the lay of the land that caused the problem. SAUL YES. TRAYNOR NO. *MOTION FAILED: 3- YES; 3 NO. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #7; WOULD A GRANT OF THE WAIVER NECESSITATE A MAJOR POLICY COMMITMENT PRIOR TO THE ADOPTION OF THE NEW ZONING ORDINANCE AND MAP ROLL CALL VOTE: BOHRER YES, believe we are committing to a density on the site that should not be granted. HARRIS YES. HILL NO, doesn't vary too much from what the Planning Commission came up with and so far we are not sure what the Council is going to go with. SAUL YES. TRAYNOR YES, for the reason Mr. Bohrer said. VAN DUSEN YES, I believe it is a major policy commitment. *MOTION CARRIED: 5 YES; 1 NO. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL APPROVE THE WAIVER.* Councilman Saul asked where the City stands on the road situation. Mayor Bauch said he is unsure of the right -of -way width. It was determined that the right -of -way is 30 feet. Councilman Saul asked if it is possible to direct all traffic on to Interurban. Mr. Murakami said no, there is too much of a slope. Councilman Traynor asked if the City would issue building permits on a 30 foot right -of -way and Mayor Bauch said, no. ROLL CALL VOTE: HARRIS YES. HILL YES. SAUL NO. TRAYNOR NO, there is a density problem and it appears we have a traffic problem. VAN DUSEN NO. BOHRER NO, for the same reasons Mr. Traynor said. TUKWILA CITY COUNCIL, REGULAR MEETING August 6, 1979 Page 7 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Waiver Request by F. Campanella RECESS: 8:50 P.M. Cont. *MOTION FAILED: 4 NO; 2 YES. WAIVER DENIED. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL RECESS. MOTION CARRIED. *MOTION CARRIED. as3s Mayor Bauch called the regular meeting of the Tukwila City Council back to order with Council Members present as previously reported. Councilman Bohrer said he would like further discussion on the waiver just acted on. The applicant presently does not know how to proceed. Council has raised two issues density and access. Part of the access problem depends on streets over which we have no control. He suggested that Council ask Staff to prepare a brief report verifying the right -of -way width along 56th Avenue and what the alternatives are to improving this access and what alternatives there are in addressing the County about improving the access to Interurban. The other issue is density. Councilman Traynor said he hopes the City Council's proposed density will set the guidelines and this is a good time to get it started. He referred to Alt. #3 on the comparison chart. This is the City Council's version of proposed density. MOVED BY BOHRER, SECONDED BY SAUL, IN CONSIDERING WAIVERS AND OTHER ACTIONS THAT STAFF USE THE COUNCIL'S PROPOSED DENSITIES AS THEIR GUIDE.* Councilman Bohrer explained that on this site it will be Alternate #3 on the comparison chart. For other sites it will depend on the particular area of development. Mayor Bauch said Alternate #3 allows lower density for the slope. Mr. Murakami asked where the developer stands now that the waiver has been denied. Councilman Bohrer said two things were voted on, density and access. Staff has been asked to bring back a study on how to proceed to improve the access to the site including 56th Avenue and the streets the County owns. Mr. Murakami said no one has ever said anything about this before. They have been at this for six months. He said he felt they deserve better. The City has cost the developers a lot of time and they deserve an answer. Ms. Dunning said that last Monday night Mr. Campanella asked if he could get away from the surprises. It seems like every time they come here they get another surprise. Now, we have the surprise of traffic. Now we can't get a building permit because of the road, the road has always been that size and everybody knew that. Nobody has said anything to us, now all of a sudden we have another surprise. So far the economics of this have gone down and down. We would like to leave here with some kind of answer or direction. Mayor Bauch offered them the comparison sheet and said the Staff Report will be available in four or five days as far as the access. Mr. Murakami asked if Council expects them to come back with another proposal -with a different number. Councilman Bohrer said, yes, that is the alternative. The site cannot be developed without a waiver. Council has realistically tried to do their best. Real Estate development has its risks as well as its rewards. He said he has made his position plain throughout the proceedings that the applicant has continually pressed for the highest possible density. Ms. Dunning said she wanted to make it clear that their first proposal was exactly as the Planning Commission had suggested or allowed. TUKWILA CITY COUNCIL, REGULAR MEETING August 6, 1979 Page 8 NEW BUSINESS Acceptance of City Hall Landscaping ORDINANCES Ordinance #1121 Adopting a land use plan zoning reg. for the area known as Crestview MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT COUNCIL CONCUR WITH THE STAFF RECOMMENDATION AND ACCEPT THE LANDSCAPING OF CITY HALL SUBJECT TO THE CONDITIONS THAT WERE RECORDED.* Councilman Bohrer noted that the landscaping was discussed as constructed to the plans and those conditions and not necessarily the design. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. c536 City Attorney Hard read an ordinance of the City of Tukwila enacted pursuant to RCW 35A.14.330 adopting a land use plan and zoning regulation for the area described lying outside of the City of Tukwila and commonly known as Crestview and providing that said area shall become subject to said land use plan and zoning regulation upon annexation to the City of Tukwila. MOVED BY BOHRER, SECONDED BY HARRIS, THAT ORDINANCE NO. 1121 BE ADOPTED AS READ. Councilman Saul said he had a number of phone calls concerning the property that Council changed to C -l. The concern by the people is the vacant property next to the Day Care Center. The requests have been to leave the property zoned as it was or just allow the zoning where the existing building is located. Councilman Van Dusen said it looks reasonable the way it is now, but if we chop it up it could look like spot zoning. Mr. Stoknes explained that the Nursery School is on the north end of the piece of property. The south half is presently undeveloped. Councilman Traynor commented it looked like it was possible to build an apartment complex on this site. Mr. Dennis Robinson, 16038 40th Avenue South, said their concern is that it could be developed for apartments and this would be the first apartment complex in the area. Mr. Stoknes said, if the property is 150 feet by 100 feet, and is annexed to the City as C -1, it would be possible to build 15 units there. Mr. Robinson said they would like to see the whole piece changed back to R -1. Once they have the zoning it is very difficult to control it. Mr. Dick Goe, 5112 South 163rd Place, said he opposes the total C -1 zoning on that piece of property. He would like to see it left as a conditional use on single family zoned property. The gentleman who is developing this property was before Council a couple of months ago; he expressed his concern, at that time, because the County regulations governing the type of building he wanted to put in require that he build it in such a manner that the building could be converted in the future to multi family residential. If this property is zoned C -1, and the Day Care Center is not an economically viable business, the alternative is already designed into it by the County and that would be a multi family structure. It is obvious then that he would develop the rest of the property in the same manner. Mr. Goe said he firmly opposes any apartments on the hillside. He said he would like to see it all go back to the single family zone with a conditional use for the Nursery School. Mr. Duane Knittel, 16036 40th Place South, said he has talked to a few of his neighbors and they generally oppose the C -1 zoning because, if they have the zoning, all they have to do is apply for a permit. Mr. Knittel noted that it was the Bank, and not the County, that issued the statement that the Day Care Center building had to be designed to become a multi residence building. TUKWILA CITY COUNCIL, REGULAR MEETING August 6, 1979 Page 9 ORDINANCES Cont. Ordinance #1121 Adopting a land use plan zoning reg. for the area known as Crestview They said the traffic in the area is horrendous. Most of the people feel that if it is zoned R -1, and a proposal is made, they would be aware of the zoning request and would have more access to the City Council. Mr. Goe acknowledged that it was the Bank not the County. Mr. David Schooler, representing Sterling Theaters, said they were not aware of the change in zoning proposed along with the annexation. He indicated the area owned by SRO on the map and said it is currently zoned BC by King County. The proposed zoning is C -2 and property to the east C -1. This is a substantial change in intensity. The Planning Commission has recommended that the triangular piece be changed from C -1 to R -1 and he said he disagrees with this. The reason he was given for this change was to square off the boundaries. The line more logically runs north and south at this point (their east property line). Directly to the south of them is a church and clinic. He said he doesn't see zoning this parcel C -1 as an intrusion in an established single family area nor would the access be from a street serving the single family area. They have no problem buffering more intensive development to less intensive. The transition from non single family to single family develop- ment can be softened through the use of landscaping and archi- tectural design. Councilman Bohrer commented that prior discussion on buffers was that South 158th was an effective buffer. Once the street is jumped there is a natural pressure that develops to continue more intensive uses into the adjacent area. Mr. Robinson said he doesn't find a conflict with churches in single family areas. Also, the dentist office is in a single family unit. They are building single family homes in all kinds of places. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCIL MOVE THE ZONING BACK TO AGREE WITH THE MAP USED DURING THE PUBLIC HEARINGS.* Mr. Stoknes clarified that this is the original Planning Commission recommendation. *MOTION FAILED: 3- YES, TRAYNOR, SAUL, BOHRER. 3- NO, HARRIS, VAN DUSEN, HILL. Councilman Traynor said with the C -1 zoning you are inviting a very high density development. You will lose control if you put the C -1 there. Councilman Harris said she would agree to taking the undeveloped corner out but leaving the Day Care Center site in the C -1. It would be unfair to the owner of property who has had to comply with the conditions required by a Bank under existing codes to change them now. Mr. Stoknes explained that, if the new zoning code is not adopted by the time this property is annexed to the City, they would have vested rights to the 43 units per acre. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE UNDEVELOPED 100 FEET ON THE SOUTH OF THE PROPERTY BE ZONED BACK TO R -1. MOTION CARRIED WITH TRAYNOR VOTING NO. Councilman Bohrer said that the area north of South 158th indicated as C -1 was discussed before. It was suggested to designate it as R -3. The rationale used was that current development under C -1 zoning would allow R -4 density under the current zoning which is 43 units per acre. They would have vested rights if annexed prior to adoption of the new zoning ordinance. asap TUKWILA CITY COUNCIL, REGULAR MEETING August 6, 1979 Page 10 ORDINANCES Cont. Ordinance #1121 Adopting a land use plan zoning reg. for the area known as Crestview Ordinance #1122 Extending the loan period on LID #28. Ordinance #1123 Reclassifying real prop. on the no. side of South 178th west of Southcenter Parkway to C -1 zoning. (McCann) RECESS: 10:05 P.M.- 10:10 P.M. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT THE C -1 AREA, EAST OF OLD MILITARY ROAD AND NORTH OF SOUTH 158TH, BE CHANGED TO R -3.* Councilman Bohrer said the purpose for this is to retain more control over it until the new zoning ordinance is adopted. *MOTION FAILED: 3- YES, TRAYNOR, SAUL, BOHRER 3- NO, HILL, HARRIS, VAN DUSEN. *MOTION CARRIED AS AMENDED. MOVED BY HARRIS, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Washington, extending the loan period on LID #28 and amending Section 2 of Ordinance No. 1103. MOVED BY HARRIS, SECONDED BY SAUL, THAT ORDINANCE NO. 1122 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT ORDINANCE NO. 1123 BE ADOPTED AS READ.* City Attorney Hard read an ordinance reclassifying certain real property located at the north side of South 178th Street west of Southcenter Parkway and east of Interstate 5 from R -1 -9.6 zoning classification to C -1 zoning classification within the City of Tukwila as contained in Planning Division Master File #78 -04 -R. The developers presented Council with a topography map of the area and discussed the proposed development. McCann proposed develop- ments #352 and #353 are on adjoining pieces of property. Attorney Hard reminded Council that this is a rezone action and there must be findings to support the conclusion. Five minute recess was called to obtain additional information from files. Mayor Bauch called the regular meeting back to order with Council Members present as previously reported. Councilman Bohrer, referring to the topography map, said the building on the bottom site appears to be located at the top of the steep area and the one on the upper bench is again at the top of the steep slope. Mr. Stoknes said the accesses to the site have not been approved yet. The only areas included in the rezones are the building sites -the steep slopes are not included. They remain R -1. Councilman Bohrer noted that one of the 1979 goals was to acquire access for trails along the hillside. He suggested that a condition be added to the rezone that the developer must dedicate the City an easement for a trail system not to exceed 10 to 15 feet. Councilman Van Dusen expressed concern that Council is starting to acquire land that might not be used. It is not part of the Park and Open Space Plan. Councilman Traynor said the plan is subject to change. Mayor Bauch said this would not apply to the rezone under consideration at this time. *MOTION CARRIED. Councilman Bohrer suggested that the Findings of Fact be: (1) The subject has been reviewed in detail by the Planning Commission with a recommendation to Council. (2) The rezone TUKWILA CITY COUNCIL, REGULAR MEETING August 6, 1979 Page 11 ORDINANCES Cont. Ordinance #1123 Reclassifying real property on the north side of South 178th west of Southcenter Parkway to C -1 zoning. (McCann) Ordinance #1124 Reclassifying real property north of South 178th west of Southcenter Park- way to C -1 zoning. (McCann) RESOLUTIONS Resolution #691 Fixing the time when the petition will be heard on a street vacation (Xerox) DEPARTMENT REPORTS City Attorney's Report S. Kinney Lawsuit has been reviewed and appears to be consistent with the Goals and Objectives of the map and comprehensive plan. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL ADOPT THE 13 WRITTEN FINDINGS IN THE MAY 24, 1979 STAFF REPORT TO THE PLANNING COMMISSION. MOTION CARRIED MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance reclassifying certain real property located at the north side of south 178th street west of Southcenter Parkway and east of Interstate 5 from R -1 -12.0 zoning classification to C -1 zoning classification within the City of Tukwila as contained in the Planning Division Master File #78 -05 -R. MOVED BY BOHRER, SECONDED BY HILL, THAT ORDINANCE NO. 1124 BE ADOPTED AS READ.* Councilman Saul suggested that the ordinance be amended to require the granting of an easement for a trail system. Council- man Van Dusen stated that there is no Comprehensive Plan for a trail system in this area. Councilman Bohrer said this is preserving the area for future development of a trail. Mr. Ed Hunt, representing McCann, requested that the easement be required only when the City has acquired the remaining portion. Councilman Van Dusen again said that this is unnecessary. We are developing a plan here at the table. Councilman Bohrer said that in other places like this trails do exist. Because it isn't indicated in a document doesn't mean it hasn't been considered. The thing we are trying to prevent is a building extending on the property. THE ORD. BE AMENDED TO ADD: MOVED BY SAUL, SECONDED BY HARRIS, THATATHE TRAIL EASEMENT WILL BE GRANTED AT A FUTURE DATE TO CONNECT A HILLSIDE TRAIL SYSTEM. MOTION CARRIED WITH VAN DUSEN VOTING NO. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL ADOPT THE 12 FINDINGS IN THE STAFF REPORT TO THE PLANNING COMMISSION DATED MAY 24, 1979. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Wash., fixing the time when the petition will be heard on the vacation of a street. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT RESOLUTION NO. 691 BE ADOPTED AS READ. MOTION CARRIED. Attorney Hard reported that Colleen Weule has quit their firm and will be moving to Washington D.C. In the lawsuit of Shirlee Kinney against the City, he has just received notice that she has applied to the Supreme Court to try and have the case heard. They are waiting to see if the Supreme Court will accept her petition. FINDINGS: 1. Current zoning of the subject site is R -1 -9.6 (single family dwellings). It was zoned R -1 -9.6 by Ordinance #247 in November of 1957. The property to the west is zoned R -1 -12.0 (single family dwellings); the property to the north is zoned M -1 (light industry); and the property to the east is zoned R -1 -9.6 (single family dwellings) 2. The subject property is presently vacant. The property to the west and east is also vacant. To the north is R B Furniture and Levitz Furniture. 3. The Comprehensive Land Use Plan Map designates the subject site for office use. Properties to the east are also designated for office use. Property to the north is designated for commercial use. South and west of the site across South 180th Street the property is designated for low density residential use. 4. The size of the property is approximately 100,000 square feet or 2.30 acres. The size of the proposed office structure is 30,000 square feet. As a matter of comparison, the site of the new Tukwila City Hall is approximately 92,500 square feet or 2.12 acres and the size of the building is 24,000 square feet. 5. According to the topographic survey submitted, the slope has a general easterly exposure and rises from an elevation of approximately 75 feet to 160 feet. There is a plateau approximately in the middle of the parcel. 6. According to the "Data Inventory: Tukwila Planning Area" the site is considered rough, broken and stoney land, which consists of a variety of soil types generally found on slopes in excess of 25% along the valley wall. These soils are usually thin and feebly developed. Because of the steep slope and relative instability of these soils, they do not provide good sites for development or road construction. 7. According to the "Data Inventory" the site is located within an area where stability is unknown, (SEE, Map I -3). These slopes are not classified, generally it is modified land where large excavations and fills have been made. 3. South 180th Street located along the south property line is currently a two -174ne road which connects the East and West Valley Highways. It is a major east /west arterial. For the first 700 feet west of the .intersection of Southcenter Park- way and South 180th Street the gradient of South 180th Street is approximately 17 degrees. 9. A portion of the subject property adjoins Southcenter Parkway; however, the gradient is in excess of 17 degrees. 10. The site is part of the valley wall. The one major plateau has been cleared of most of the vegetation; however, the slopes have a dense vegetative cover. 11. Sanitary and storm sewers are available, but will have to be extended to the site from Southcenter Parkway. 12. No rezones have occurred in the immediate area since the adoption of the Com- prehensive Plan in 1977. In 1969, the property to the north where R B Furniture and Levitz Furniture are located was rezoned from R -1 to M -1 (light industry). The property south of South 180th Street was zoned when annexed in June of 1959 to R -A District (Agricultural). 13. In the application of the goals, objectives, and policies of the Comprehensive Land Use Plan to the applicants request, the following are considered by staff as points of primary concern and possible conflict: FINDINGS:' 1. Current zoning of the subject site is R -1 -12.0 (singel- family dwellings). It was zoned R -1 -12.0 by Ordinance #247 in November of 1957. The property is bordered on the west by Interstate 5 and is not zoned. The property to the north and east is zoned R -1 -12.0 (single family dwellings), while the property to the south is not within the City Limits. 2. The subject property is presently vacant. The surrounding property is also vacant. 3. The Comprehensive Land Use Plan Map designates the subject site for office use. The properties to the east and north are designated for commercial use. These areas are located in the valley bottomland below the subject site. On the plateau south of the site across South 178th Street the property is designated for low density residential use. 4. The size of the property is approximately 164,000 square feet or 3.76 acres. The size of the proposed office structure is approximately 49,000 square feet. As a matter of comparison, the site of the new Tukwila City Hall is approximately 92,500 square feet or 2.12 acres and the size of the building is 24,000 sq. ft. 5. According to the topographic survey submitted, the slope has a general northeasterly exposure and rises from an elevation of approximately 200 feet to 250 feet. The middle of the parcel is relatively level while the edges are steep. 6. According to the "Data Inventory: Tukwila Planning Area" the site is considered rough, broken and stoney land, which consists of a variety of soil types generally found on slopes in excess of 25% along the valley wall. These soils are usually thin and feebly developed. Because of the steep slope and relative instability of these soils, they do not provide good sites for development or road construction. 8. South 178th Street located along the southern property line is currently a two -land road which connects the East and Wes -t Valley Highways with Military Road. It is a major east /west arterial. For the first 1,000 feet east of the intersection of I -5 and South 178th Street the gradient of South 178th Street is approximately 15 to 16 degrees. 9. The site is part of the valley wall. The one major plateau is covered with low shrub vegetation; however, the steeper slopes along the edges of the property have a dense vegetative tree cover. 10. Sanitary and storm sewers are available, but will have to be extended to the site from Southcenter Parkway. 11. No resones have occurred in the immediate area since the adoption of the Comprehensive Plan in 1977. In 1969, the property where RB Furniture and Levitz Furniture are located was rezoned from R -1 to M -1. The property south of South 178th Street was zoned when annexed in June of 1959 to R -A District (Residential Agricultural). 12. In the application of the goals, objectives, and policies of the Comprehensive Land Use Plan to the applicant's request, the following are considered by the staff as points of primary concern and possible conflict: 7. According to the "Data Inventory" the site is located within an area where stability is unknown, (SEE, Map I -3). These slopes are not classified; generally it is modified land where large excavations and fills have been made. TUKWILA CITY COUNCIL, REGULAR MEETING August 6, 1979 Page 12 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS AWC Board of Directors 1980 Budget Guideline Meeting ADJOURNMENT: 11:00 P.M. Councilman Bohrer noted he had received a letter from the Association of Washington Cities concerning membership on their Board of Directors. One of them is the position at large, and someone from Tukwila could run for this. Councilman Bohrer said they had received a letter from Leroy Bowen asking for a reconsideration of his request for the vacation of a portion of South 154th right -of -way. This item will be discussed again at a regular meeting when all seven members are present. Councilman Bohrer noted the 1980 Budget Guideline Meeting will be held Tuesday, August 4, 1979, at 5:30 P.M. at the Doubletree Inn. MOVED BY SAUL, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Mayor City Clerk I'