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HomeMy WebLinkAboutPermit PL11-053 - FRESH AND GREEN PRODUCE MARKET - SPECIAL PERMISSIONFRESH & GREEN PRODUCE 15006 MILITARY RD S PL1 1-053 LII-054 SPECIAL PERMISSION - CARGO CONTAINER City of Tukwila Department of Community Development NOTICE OF DECISION January 31, 2012 TO: Abdinzak Adom, Applicant for Fresh and Green Produce Gerald and Carol Kern, Property Owners King County Assessor, Accounting Division Washington State Department of Ecology Jim Haggerton, Mayor Jack Pace, Director This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION FILE NUMBER: L11-054 TYPE OF APPLICATION: Special Permission from the Director to locate one cargo container as an accessory use to a grocery store. NOTIFICAION: No notification requirements for a Type II land use application. LOCATION: 15006 Military Road South, Tukwila, WA. Parcel number: 004100-0514 ZONING: Regional Commercial (RC) APPLICANT: Abdinzak Adom Fresh and Green Produce 15006 Military Road South, Tukwila, WA 98188 FreshGreenl@hotmail.com 206-241-1511 STAFF: Stacy MacGregor, Assistant Planner BACKGROUND A. The site where the Fresh and Green Produce Grocer is located is zoned Regional Commercial (RC). Tukwila Municipal Code (TMC) 18.24.030 (2) permits cargo container as an accessory use in the RC zone provided they obtain special permission from the Director and meet the requirements of TMC 18.50.060 (C). B. TMC 18.50.060 (C) notes the following requirements in order to place a cargo container in the C/LI zone: B 1. Only two cargo containers will be allowed per lot, maximum length of 40 feet. B2. The container is located to minimize the visual impact to adjacent properties, parks, trails, and rights of way as determined by the Director. B3. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -of -way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. SM H:\Cargo L11-054\L11-054 NOD.doc Page 1 of 4 01/26/2012 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 B4. If located adjacent to a building, the cargo container must be painted to match the building's color. B5. Cargo containers may not occupy any required off-street parking spaces. B6. Cargo containers shall meet all setback requirements for the zone. B7. Outdoor cargo containers may not be refrigerated. B8. Outdoor cargo containers may not be stacked. C. The application material submitted to the City includes a site plan showing the proposed location for one 10'x30' cargo container. D. The container is to be located outside the required side and rear yard setbacks, will not occupy parking spaces and is to be located adjacent to a building. E. The cargo container will be screened from view on the west side by its location adjacent to the building. No screening is proposed on the north, south or east sides. F. The color of the proposed container is not shown in the plans; the building has a red brick facade and T1-11 siding that is painted a reddish -brown to mimic the color of the brick. G. A refrigerated cargo container is already on this site. This pre-existing container was placed without receiving approval from the city and is subject to code enforcement action under RFA11-076. The proposed container is not refrigerated. H. The application material does not discuss if electricity is needed to power the container. DISCUSSION The proposed container meets the quantity, size and location requirements. The container is not refrigerated and will not be stacked. The building screens the container on the west; the remaining sides are not screened. Approval requires screening. When the building went through design review, the plans show the required dumpster area screened with a vinyl slat woven, chain -link fence. The site never completed the approved plans but the cargo container could be screened in the same manner. The south side of the container is over fifty feet from the property line and separated from the property line. Leaving the south side of the container unfenced would also allow access to the container. The proposed cargo container will need to be painted the same reddish -brown color as the painted siding. The existing cargo container on the site does not meet code due to refrigeration and location and is not approved. To lift the outstanding code enforcement action, the cargo container will need to be removed (RFA11-076). Any electrical service or lighting required for this storage container shall be a permanent installation and inspected under a City of Tukwila electrical permit. Extension cords are not acceptable. II. DECISION SEPA Determination: The City SEPA Responsible Official has previously determined that this application does not require a SEPA threshold determination because it is categorically exempt. Decision on Substantive Permit: The City Planning Supervisor has determined that the application for a single, non - refrigerated cargo container does comply with applicable City and state code requirements and has approved that application, subject to the following conditions: SM Page 2 of 4 01/26/2012 H:\Cargo L11-054\L11-054 NOD.doc 1. The new cargo container shall be painted brick red to match the building. a. Provide a color swatch to the city for approval prior to painting the container. 2. The container shall be surrounded with a slat -woven, chain -link fence on the north and east sides of the container. 3. Remove the existing cargo container to have the code enforcement action closed. Informational items: 1. If electrical service is needed to the container, an electrical permit is required. An extension cord will not be approved. III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code § 18.104.010. Other land use applications related to this project may still be pending. One administrative appeal to the Hearing Examiner of the Decision on the Permit itself is permitted. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner decision. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within fourteen (14) calendars days of the issuance of this Decision, which is February 14th, 2012. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 4. The appeal fee is per the current fee schedule; additional hourly charges may apply. In addition, all hearing examiner costs will be passed through to the appellant. V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Hearing Examiner based on the testimony and documentary evidence presented at the open record hearing. The Hearing Examiner decision on the appeal is the City's final decision. SM Page 3 of 4 01/26/2012 H:\Cargo L11-054\L11-054 NOD.doc Any party wishing to challenge the Hearing Examiner's decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal of the Hearing Examiner decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Stacy MacGregor, who may be contacted at 206-433-7166 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. APPROVED: Minnie Dhaliwal, Planning Supervisor Date Department of Community Development SM Page 4 of 4 01/26/2012 H:\Cargo L11-054\L11-054 NOD.doc TO: [IIJ•i City of Tukwila Department of Community DevelopECEIVED NOV 15v 2011 [UKWIIA PUBLIC WORKS LAND USE PERMIT ROUTING FORM File Numbers L11-054 (PL11-053) uilding ublic Works Fire Dept. U Police Department Project: Fresh and Green Produce Cargo Container Address: 15006 Military Road South Parcel: 2623049124 Date transmitted: 11-15-2011 Response requested by: 11/29/2011 Staff coordinator: Stacy MacGregor Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60-day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials asneede Application provides minimal information but Mary Hulvey indicated that the applicant has talked with Fire and Building and the issues are known. If possible, please write comments as conditions to be addressed at building permit stage. :50 01/4ti J . 94M 414.44 A-r91€2,81--gal^ 4,0,074414,1- . r etee, amaptit ?L) W itei Jw ()W �, cal a a'-• Plan check date: `i Comments prepared by: i Update date: TO: City of Tukwila Department of Community Development File Numbers L11-054 (PL1 1-053) LAND USE PERMIT ROUTING FORM Building Public Works ( Fire Dept. 10 Police Department Project: Fresh and Green Produce Cargo Container Address: 15006 Military Road South Parcel: 2623049124 Date transmitted: 11-15-2011 Response requested by: 11/29/2011 Staff coordinator: Stacy MacGregor Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60-day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials asneede Application provides minimal information but Mary Hulvey indicated that the applicant has talked with Fire and Building and the issues are known. If possible, please write comments as conditions to be addressed at building permit stage. Plan check date: at!Olt Comments prepared Update date: CITE JF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX: (206) 431-3665 E-mail: planninggr,TukwilaW_A.gov SPECIAL PERMISSION - DIRECTOR APPLICATION €€ _ ..dlS.1"%II,SEIOIILI'' ,ermitsPlus Type >PP Planner: File Number: L. I I,_. L( Application Complete Date: Project File Number: F L l I I —, 53 Application Incomplete Date: Other File Numbers: NAME OF PROJECT/DEVELOPMENT: C0714 navlov LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. /ra©G 01 di SO 1.q LUtLA)14 cif l LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). OCT ° 3 120111 DEVELOPMENT COORDINATOR : COMMUN:r( DEVELOPithEi4T 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: 114-1001W121A l 144c Address: lrbdo r l I 1 ci, Y 50 T-4 164,0115 CJU'- 41 1 C9 Phone: 2-06- 2-4 1— L5-1 FAX: 7-4,- Zt.'/-- j511 E-mail: fed, &raIl,, /? t/ Signature: Date: /D 7-7—) W:\Applications-Handouts, Land Use\2011 Applications\2011 LAND USE-WORD-docx\Special Permission Director -March 2011.docx for the purpose of application review, CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX: (206) 431-3665 E-mail: planning@Tuk►i4laWA.gov AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: SS 1. I am the current owner of the property which is the subject of this application. E+F"^r-p tip. vim. :OCT 3 12011 DEVELOP J j•t 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 6 /7 ,' C j y' 0.0" for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. 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 at1/4 ) \ 1 cc. (city), (state), on Oct-cl2� r- 3 , 20 1 < A--.nf' (Print Name) (Address) (Phone Number) ($ignature) On this day personally appeared before me £ ( VC'( Joh Ilex n to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF Ol e , 20 ( I -i/tAi a NOTARY PU,�BL C ' and for the State of Washington residing at ! C46W 1 141 My Commission expires on W:\Applications-Handouts, Land Use\2011 Applications\2011 LAND USE-WORD-docx\Special Permission Director -March 2011.docx City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Fax: 206-431-3665 Web site: http://www.Tukwi]aWA.gov RECEIPT Parcel No.: 0041000514 Permit Number: L11-054 Address: 15006 MILITARY RD S TUKW Status: PENDING Suite No: Applied Date: 10/31/2011 Applicant: FRESH AND GREEN PRODUCE MARKET Issue Date: Receipt No.: R11-02370 Initials: WER User ID: 1655 Payment Amount: $515.00 Payment Date: 10/31/2011 11:26 AM Balance: $0.00 Payee: FRESHAND GREEN PRODUCE MARKET TRANSACTION LIST: Type Method Descriptio Amount Payment Check 1829 515.00 Authorization No. ACCOUNT ITEM LIST: Description Account Code Current Pmts ZONING/SUBDIVISION 000.345.810 515.00 Total: $515.00 doc: Receiot-06 Printed: 10-31-2011 t- cr1 0 3d_ 01 EXioTiNGa C.8 0 EXISTIN i C•8 2 0. ate 122! 00" tEw ROOF LINE -. AS$1A1.1 PAP OSA s — EXIST fo ROOF LINE .XISl1NG1 SW1)I1461 0 1411-1.-1.142 �pt1TN 22to" ADA ACCE$5IB3.E 14'— .1+T11NQ1 C• $$ITE PLAN >a PARK, WOO DETAIL (Scale Vie" - t di) 115 LIC WORKS: STALL 1 1 AtSI,E 1KZA i ED CLQ6 SHALL BE t=ixED IMUk1 DISTURBANCE 1[V RoADwAq I SURFACE WATER , DRAiNACTE PLAN INC! ATTACH THE NEW Roop DRAIN To THE WILDING! ADDRESS: 15006 M ILITARy TRX ASSESSOR # : 004100 - 0514 GE50 , 2p LAND AREA I0, 786 SQ .4T TWED1S AREA PER t0 2061 •5 SG • FT AREA OF ADDITION : 637. 5 SG . FT TURtSDICTION TukWILA SEWER DISTRICT : VAL VUE WATER DISTRICT : * 125 LEGIAL DE5CRip7toM 't"i ixt PORTIDN 01" LOT. 1,. gbcK AttAMS HO_ME TRACTS, ACCORDING/ IN: VIAL • 12 OF PLATS, PAFE 50 • IN. DFcaIBED As FOLLOWS. 'GtENNA AT A POINT 0 THE WESTW N 40 36' W tL .361 FROM TN Sou' tEIIcE wwrIwuip , H-.`4'a6` . w 122 .1 Hh SIRE r S t40W ESTABLIS%. MARGan3 S 8%' Dt'• 5�' .E 100..00 �tENCE 14 Sa°. 01'(A; V / S? 04 0" OCT 31 2011' ZJ t5 SCAT