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HomeMy WebLinkAbout1981-04-13 Committee of the Whole MinutesApril 13, 1981 7:00 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS REPORTS Council Executive Session 4/20/81. Chamber of Commerce Luncheon. Public Disclosure Finance Personnel Meeting. Others Appreciation for trip to Japan. OLD BUSINESS Approval of Minutes. Christensen Group Hotel Waiver. NEW BUSINESS Shimatsu Rezone request from R -1 to C -2. TUKWILA CITY COUNCIL City Hall COMMITTEE OF THE WHOLE MEETING Council Chambers MINUTES Council President Van Dusen called the Tukwila City Council Committee of the Whole Meeting to order at 8:30 p.m. )s LIONEL C. BOHRER, MABEL J. HARRIS, GEOERGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, DANIEL J. SAUL, Council President GARY L. VAN DUSEN. Council Presidetn Van Dusen stated an Executive Session would be held at 6:00 p.m. on April 20, 1981 prior to the Regular Meeting of the Council. The subject of the meeting will be the 56th Avenue bridge. City Attorney Hard said he also needs to come before the Council on a municipal court matter. He said he would circulate a memorandum outlining the matter. Council President Van Dusen said the Chamber of Commerce luncheon will be held on April 14, 1981 at 11:30 a.m. at Longacres. Councilman Bohrer stated the Public Disclosure forms and income tax reports have the same due date. Chairman Phelps reported the Finance and Personnel Committee will meet Thursday at 5:00 p.m. The banking service bids will be discussed. Mrs. Marcelle Regel said she wanted to thank the Council for letting her go to Japan. She said she wanted everyone to know how well the children who went along behaved and what fine good will amabas- sadors they were. MOVED BY HARRIS, SECONDED BY HILL, THAT THE COUNCIL APPROVE THE MINUTES OF THE COMMITTEE OF THE WHOLE MEETING HELD MARCH 16, 1981 AND MARCH 23, 1981 AS PUBLISHED. MOTION CARRIED,WITH SAUL VOTING NO. Mark Caughey, Acting Planning Director, said the Council has been provided with a diagram of the proposed layout that did not appear on the conceptual site plan for the hotel project when it was discussed two weeks ago. The parking requirements are tentative, all of the significant trees will be left, and identification of the ordinary mean high water elevation has been made. Councilman Harris said there was some question as to whether or not the building would have to be moved forward or backward as it does not conform to the shoreline. She asked if that has been corrected. Mr. Caughey said it has been corrected. The shoreline provides two options: you have the 40 foot option that does not allow any circulation or a 50 foot that the building has to be 50 feet back but you may have a roadway as long as it is not less than 25 feet at the point the hotel conforms to the 40 foot option. If they needed to they could put the roadway closer to the bank. They are in conformance. MOVED BY HILL, SECONDED BY SAUL, THAT THE CHRISTENSEN GROUP HOTEL WAIVER BE ON THE AGENDA OF THE APRIL 20, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Mark Caughey, Acting Planning Director, reviewed the staff report, stating they suggest that the Shimatsu rezone application be approved subject to the stipulations proposed by the Planning Depart- ment staff. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 13, 1981 Page 2 NEW BUSINESS Contd. Shimatsu Rezone request from R -1 to C -2 contd. Mr. Caughey said the essential difference between the Planning Commission's recommendation and that of staff is the degree of slope protection represented by the difference in language. As we interpret the Commission's stipulation (1), commercial zoning and development can occur to a total depth of 250 feet west of South center Parkway's west margin, or approximately 20 to 30 feet upland from the toe -of- the slope. However, no cutting or filling can occur above the toe -of- slope, meaning that the topography of the westerly 20 to 30 feet of the rezone area must remain asis regardless of development activity. The staff recommended language of stipulation (1) would restrict both commercial zoning and commercial development of the site to the toe -of -slope (approximate elevation 25 feet). While this approach would reduce the depth of developable land available by 20 to 30 feet, they feel that it would address more concretely the intent of the comprehensive policy discouraging development of slopes exceeding 20 They also believe that adoption of the staff stipulations will establish a precedent- setting approach for development of the remaining vacant properties on the west side of Southcenter Parkway, by affirming the toe -of -slope as the dividing line between intensive commercial activity on the lower shelf and the sensitive wooded hillsides of the valley wall. Councilman Bohrer said the Planning Commission said they would recommend zoning back for 250 feet but there would be no cutting or filling. Mr. Caughey said staff and the Planning Commission are dealing with the same intent. Development will cease at the toe -of- the slope. Disturbance of the contour will not take place. Councilman Phelps said if the Council follows staff recommendation there will be two zonings. Mr. Caughey said that is correct. Mrs. Shimatsu, applicant, said she is a widow born in Tukwila and has lived here most of her life. She is the guardian of her brother's property. If Council considers the staff recommendation that the west part of the zone quit at 240 feet, it is 20 feet lost forever, 20' x 150'. She said this would create a finan- cial hardship on her family. She said she thought one of the concerns was the elevation of the southwest corner which neighbors Zach's Restaurant. It will be a 22" elevation, but the City recognizes 5' so the 22" can be graded without difficulty. Council President Van Dusen said Mr. Shimatsu would like to have the property zoned commercial. The Planning Commission recommends that rezones go back to 250' but no development above the 25' eleva- tion. Mrs. Shimatsu said she is not familiar with the developer's plans. It is her understanding that the developer would build and not destroy the hillside. She has requested that it be put in the lease that the hillside not be distrubed. Councilman Bohrer said it is his understanding that in any case Mrs. Shimatsu would have an equal amount of land to develop. In the Planning Commission recommendation the land is slightly reduced. If it is the same amount of land what impact does the zoning have? The proposal by the Planning Commission seems less attractive. Councilman Johanson asked if Mrs. Shimatsu is going to leave the total square feet available. Mrs. Shimatsu said she was, it all depends on the contingencies, it is a conditional lease. Councilman Phelps said it would seem simpler for the property to have one zoning which would always have the restriction on the hillside rather than a piece of property with two different zonings. Councilman Bohrer said the intent is to zone the hillside single family, they are paying taxes on property that is unusable. Mr. Caughey explained the difference in the Planning Commission recommendation and the Planning Department recommendation with a map. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 13, 1981 Page 3 NEW BUSINESS Contd. Shimatsu Rezone request from R -1 to C -2 contd. 3)" Bob Scofield, real estate broker, said he had worked with the Shimatsu family for about three years, discussing plans to bring an income to the family from the property. He said they walked from McDonalds to Levitz. They discussed what a reasonable approach would be. They had topographical surveys done. They believe the 250' line was a reasonable line. It was far less destructive to the hillside. If soils were put in and sloped up to the existing slope you would have better stability. With that plan they went to the Planning Commission and they felt it was their recommendation that Mrs. Shimatsu be able to utilize the 250 feet by not cutting into the bank. He said it was a surprise to hear the recommendation from the Planning Department. He said he thought the recommendation they have made is a reasonable proposal. It will be the best looking hillside along there. The Shimatsu family is reputable, they will put in the lease that development cannot take place beyond the 250 feet. What they are asking is reasonable. He said they will be happy to cooperate in saving the hillside. Councilman Bohrer said it is his understanding that the agreement the Shimatsu family has with the tenant is on a per square foot basis. Mr. Scofield said it is conditional upon zoning, platting, etc. If there is no rezone there is no deal, if 20 feet is lopped off the price is down. Councilman Johanson said in Mr. Scofield's assistance to the family did he not know the City had discussed the 20 foot slope. Mr. Scofield said he has not done work in the City and when he read it he was not sure what it was aimed at, residential or what. It still is not clear. Councilman Johanson said it is general criteria. Councilman Harris said if the rezone is done the property owners will have to participate in the LID. The R -1 was exempt. Mrs. Shimatsu said she had already paid for the LID in the amount of approixmately $10,000. Councilman Harris said a check would be made to see if it was already paid. Councilman Hill asked if the fill is put in how much higher will it be than Zachs? Mrs. Shimatsu said it would be about 22" higher. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE SHIMATSU REZONE REQUEST BE ON THE AGENDA OF THE APRIL 20, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Council President Van Dusen said staff will draw up two ordinances, one using staff recommendation and the other the Planning Commission recommendation. McNamara Condo Tom Walsh, 1111 3rd Avenue, Seattle, attorney for Mr. McNamara, said Waiver Request for their 54 unit proposal is a new one. The architect will define 54 units. how the trees will be saved, the planner will describe the project, and the soils engineer will offer a soils analysis. Councilman Bohrer said staff has suggested that Council delay any decision on this matter until the new zoning ordinance /map review is completed. Larry Hard, City Attorney, said if someone has completed all of the steps to be heard on a waiver request, they are entitled to have the matter considered. Councilman Bohrer said this waiver request is similar to another proposal that was denied by Council. City Attorney Hard said he did not know, but he thought Council should go through the steps. Bill Tsao, engineer, explained the planned development of 54 condos with wall charts. He said trees would be planted to surround the area and there will be doubled glazed windows and insulation to cut out the noise from the freeway. It goes much beyond the code requirements. Regarding the height of the building roof elevation of 170', it is only 21/2' above 53rd Avenue South. Drainage has been TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 13, 1981 Page 4 NEW BUSINESS Contd. 316o McNamara Condo provided. Traffic on 52nd Avenue is two way. It will accommodate Waiver Request for 15,000 vehicles per day. With the 54 units the maximum would be 54 units contd. 250 to 260 additional cars daily. Mr. Tsao listed his professional qualifications. Mr. James Braman, Planner, said the site meets the criteria customarily felt by planners to be necessary for good multiple residential devel- opment. It has excellent access to the regional freeways without the necessity of travelling through single family neighborhoods. A bus stop is located within easy walking distance. Southcenter is approximately one -half mile from the site, operates as a terminal for several local and regional bus routes. The shopping and employment opportunities of Southcenter and the industrial parks are within cycling and walking distance. Although there are a few scattered houses on large lots near the site, the nearest densely developed single family neighborhood is about 700' from the site and separated from the site by steep slopes. The nearest homes in McMicken Heights lie at an elevation more than 125' higher than the highest part of the proposal site. The multifamily development will allow a greater number of persons to enjoy the view potential of the site. A higher investment in soundproofing is feasible for multifamily development because of the savings inherent in common wall construc- tion. Multifamily development will allow clustering of units and efficient parking layout to maximize the amount of natural vegeta- tion that can be retained in a buffer around the perimeter. The site's proximity to parkland, which lies across 53rd Avenue to the west, and to the Tukwila trail system, enhances its use for multifamily development. Construction of single family homes on the site would be inappropriate since the noise level of traffic on I -5 and SF -518 is extremely high. Development of single family homes on individual sites would result in disruption of the topography and natural growth. Multifamily development of this site would be consistent with existing pattern of development around I -5 and SF 518 interchange. Mr. Braman said people would not pass through the residential areas from the condominium project. Mr. Braman referred to the table they had prepared, showing the relation to the comprehensive plan goals and policies. He said they felt the plan is in agreement with the comprehensive plan. Mr. Sa Hong, soils engineer, said he visited the site to review the existing slop conditions as well as subsoils. He said two test pits were dug on the slope. The retaining walls along Klickitat were inspected to detect any soil movement in the vicinity of the site. The walls showed no signs of cracks or movement. The walls are well designed to withstand the earth pressure from the slope. Mr. Hong said he found that medium brown clay silt or sandy silt encountered on the site has competent shear strength characteristics. The on -site stiff silt will not create landslides because the existing slope is very gentle and the stiff silt has favorable shear strength characteristics to withstand any probable slide on the site. A residential dwelling located at the north of the site shows no indication of slide damage. Surface drainage is oriented towards the northeast direction. No severe erosion was observed. During construction the site work will include the storm drainager retention and pipe systems. Test borings conducted at the other property improvement located immediately south of 47th Avenue South showed that the subsoils were over consolidated, and found to be competent. He said based on all of these observations, it is his opinion that no slide conditions exist in the subject site. Mr. Walsh, attorney for the developer, said (verbatim transcript) they had checked with Mr. Fraser to see if there was anything they had not covered in the history of slides at this site or in the area that would affect this site and the response we got was negative. There was no knowledge of any slides on this site or in the area that would affect it. I would like to wrap up and again I would like to briefly review the waiver criteria and to respond briefly to the comments in the staff report. The first waiver criteria asks whether or not this proposal represents a unique condition? We believe it is. The staff also agrees that it is. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 13, 1981 Page 5 NEW BUSINESS Contd. McNamara Condo Waiver Request for 54 units contd. 3/6/ We have a difference in our reasons for why we say "yes." The staff says it is because it is the first intensification of resi- dential land use pattern in the east McMicken Heights area. As you have heard this evening, however, the residential land use pattern of east McMicken Heights is a considerable distance and 135' above this particular site so we are not going to affect the exsiting single family residential concentrated area. The second criteria asks whether or not our proposal was significant in scale. We believe that it is not for the reasons that we cited in our application for a waiver. The staff however indicates that we are not keeping our modifications to an absolute minimum. However, it is our contention that there is really very little difference between the modifications that are being made in our proposal and what would be made in single family development that we are keeping the modifications approxi- mately the same as would be the case for single family as you heard from previous witnesses. Secondly, the staff says that other properties in the area will develop at similar intensity. It is our view that it is not a valid argument because we simply cannot make decisions based on speculation as to what may occur in the future. If you are concerned about future development in the area then the way to resolve that of course is through rezoning the property through the appropriate rezoning procedures. Also, we believe that we have sufficient natural buffering in distance and topography to protect the single family neighborhoods from any potential multiple family development in this area. Number 3, are there any reasonable alternatives available which would not require a waiver? We say none are available, we believe that single family, which the staff indicates is not reasonable, for all of the reasons that you have heard this evening. Criteria Number 4, are sufficient mitigating measures provided? We question, first of all, the extent to which mitigation is required and to the extent it is required we believe we are adequately providing that mitigation. Let's go through the three main areas where we need to be concerned about that. One is soils. Our soils engineer, as you have heard, has testified that the soils are stable, that we do not have a soils problem on this site. We believe that the environmental base map which at least indicated one area perhaps there may be a question, we believe that map painted with too broad a brush and should not include this site, as our testimony has shown. What about water run -off in drainage? We have explained we will have the reten- tion system and a metered flow system, the rate of flow under our proposal will be no greater than the rate of flow that currently exists on the development. And finally, looking at the questions of trees, as we have shown, we have mapped every tree of significant size and noted we are saving over 80% of the existing trees of any relative size. In addition, we are adding additional trees and overall tripling the number of trees on the site. The staff says that you are taking our word for it that we are providing adequate mitigating conditions, but I think based upon what we have brought you tonight you can see that you are not having to take our word for it, I think we have shown you the facts regarding any potential concerns and the extent to which we have mitigated them. Criteria Number 5 asks whether or not we are consistent with the goals and policies of the comprehensive plan. Now, as we indicated in our application, it is indicated in the matrix attached to Mr. Brarnan's report to you, we have reviewed every applicable goal and policy in the comprehensive plan and shown you that we do in fact comply. In response to the staff report, we have discussed the fact that one building is in an area of greater than 20% slope but as testified by our experts it will be safe and we have no cause for concern with that building. Criteria Number 6, would the waiver ordinance impose a special hardship to this site? Everyone agrees that it will. Number 7, does this approval necessitate a major policy commitment prior to adoption of the new zoning ordinance and map? We believe that approval of our project does not necessitate a major policy commitment because the existing law, the zoning, the comprehensive plan policy, SEPA, allow this develop- ment to occur. In addition, existing market forces all point to multifamily development of this site. It is the only possible residential use of the property, that is multifamily. Asmuch as TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 13, 1981 Page 6 NEW BUSINESS Contd. McNamara Condo Waiver Request for 54 units contd. 3/64. some people might like to see single family here, it simply is not going to happen given the current market forces. Single family makes no sense on this site. Therefore, we believe that to do what existing law allows and what market forces dictate is the only reasonable course and that is not a major policy commitment. We believe that to deny our waiver, in fact, would be the major policy commitment, because that would be the major policy of change. There would be a change from what the existing law allows and a change from market forces have dictated. So we believe that to deny our waiver in fact would be the major policy commitment. With those reasons, we believe we do satisfy the waiver criteria and it is justified to grant us the waiver in this case. I have mentioned before and I would like to remind you in closing that we would very much urge you to not delay your decision. It makes no sense in this case. We don %t know how long it is going to take to do the zoning, we have complied with all of the requirements in terms of applications. We ask that you make a decision tonight or if not tonight certainly within the next couple of weeks if you can. Finally, we have a letter from our appraiser who has reviewed the site and looked at the values inherent and would like to submit appropriate number of copies to the clerk. Are there any questions? Councilman Johanson said when Mr. Hong referred in his analysis to a couple of core studies that he accomplished, what is the date? He said they had been taken previously. Mr. Hong said they had been taken in 1969. Dick Goe, Tukwila resident, said he wondered why it was necessary to have an international engineering firm like William Tsao or an international soils expert or multi -state architect or the interna- tional firm of CH2M Hill do that piece of property. They have put on a great show for us. It is the same project they presented before. The only thing that is different is that they tell you it is different. He said he could not see anything that was changed. We have it a little more in detail. The only way you can mitigate noise is to put up fir trees to a 100' depth. They are not going to do it, they can't. He said he took a look at the statistics Mr. Tsao gave the ability of 53rd to handle, not just 53rd, it is that type of street, 15,000 cars per day. At 24 hours per day that puts us 625 vehicles per hour that that street could accommodate which means we could put in a lot of these projects around the hillside, if the intersections could take it. We already know they cannot take that kind of volume. They can't take it now with the volume they have. The interesection of 53rd and Klickitat is frequently clogged with people coming down 53rd. He said he travels it so he knows. The volume who travel between the 518 corridor and the I -5 corridor across that little corner there, whether they are coming through off 51st or coming off 518 heading toward Southcenter or 253rd or whether they are coming out of Southcenter create sufficient traffic at certain times of day that 53rd is virtually blocked in getting onto Klickitat. It does not happen all day long, it just happens at certain times of the day. But because of that same volume, people who want to turn left on 53rd have got the same kind of traffic flow, the same kind of traffic hazard to face trying to cross one lane of traffic to get onto a street that can handle 15,000 vehicular trips a day. We have been told there are many things that we do not have to worry about because they have been sure in their arguments and their presentations that everything that has been brought up before has been answered. Not necessarily appropriately, not necessarily properly, but it has been answered. It is my suggestion that you not be dazzled by the footwork. Consider as much what they haven't said as what they have said. Mr. Ed Bauch, Tukwila citizen, said he would like to point out something that the citizens already know, but what the soils engineer was unaware of, and that is in 1959 the whole hillside slid away. It slid again when they built the freeway. Within the last two or three weeks the City has spent many man hour on the hill putting gravel in and repairing the street that is sliding down again. It does it every year. I don't know when he went out there but the soils engineer must have gone during the dry spell. That hill does slide and has slid. All of you are aware of that. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 13, 1981 Page 7 NEW BUSINESS Contd. 3/63 McNamara Condo Ethel Cole, Tukwila citizen, said she has been fighting for Waiver Request for several years to keep apartments off the hill. They make beauti- 54 units contd. ful signs, they make beautiful presentations. She said she knew they made these same presentations when they werethinking about 42nd Avenue. If any of you have made a trip down 42nd Avenue within a couple of months all of those beautiful trees have been bulldozed off to put something in. She said even when they put in single family homes they doze the hill and take off the growth. It has been single family residence up there. We have plenty of places in King County where they aren't so particular as they are where she lives. Tukwila is a nice residential area up on the hill. On 42nd and Military and up in there they have made one apartment house after another and the country is nothing like it was before. Most of them look like just what they are apartment houses. She said she thought we should keep single family residence the way it has always been on the hill. Thomas Morris, Tukwila, said some of the engineers, architects, and planners have stated their credentials in their field. He said his credentials were in the humanitarians. If these apart- ments go in we will have a greater density of people, a larger police force. We have gone through this before. Mr. Goe has done an excellent job. The traffic up 160th is bad. In order to leave the area we go the other way just to escape the congestion. We are opposed to increasing the density on the hill. Mr. John Barnes, 15814 58th Avenue South, said everytime this development comes up he hears the same arguments. He said he was brought into Tukwila with the promise that his property would be RMH in the next six or seven years. He said he had heard a lot of arguments as to why it should be changed back to R -1. He said he hears the arguments as to how the pople on the hill are going to get hurt, but what about his loss? He said that is the way he feels about it. He said he has no objections to the plans formulated tongiht. This is the fourth time he has gone over it. Larry Hard, City Attorney, said he thought the Council would have to consider the waiver request that has been properly submitted. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE MCNAMARA CONDOMINIUM WAIVER REQUEST FOR APPROVAL FOR 54 UNITS BE ON THE NEXT AVAILABLE AGENDA. MOTION CARRIED. Golf Course Leasehold Acting Administrative Assistant Joe Mathews said it is the Tax Resolution. recommendation of staff to have one monetary contract for the golf course leasehold tax. He said the Tax Audit Division has taken the position that the City's contract with Golf Course Management involves 3 separate contracts: Golf Course Lease, House Rental, and Equipment Lease. Larry Hard, City Attorney, said the proposed resolution is being offered so it will be one monetary contract and not piece -meal. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE PROPOSED RESOLUTION BE ON THE AGENDA OF APRIL 20, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Call for Bids for LID Ted Uomoto, Director of Public Works, said he would like to call #30 Str. Improvement for bids on LID #30 as soon as possible. City Attorney Hard said Project. the City has reached an impasse and will have to start condemnation proceedings. Some money should be put in escrow. It is about $12,000 Mayor Todd said we do not want to buy the property unless we know we are going to need it. Councilman Bohrer asked about the time involved in getting the condemnation. City Attorney Hard said he did not know what the calendar was, but the lawsuit can be filed this week. Councilman Bohrer said he thought it is foolish to go out for bids until we know the time element and know if the condemnation goes through. Mayor Todd said this could stall the final assessment roll. City Attorney Hard said if the City gets the court order TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 13, 1981 Page 8 NEW BUSINESS contd. Call for Bids for LID then we can go ahead and construct. The condemnation can start #30 Str. Improvement this week. The call for bids can be delayed one or two weeks. Project contd. Councilman Bohrer said he would like to see what the City's potential risk is. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE CALL FOR BIDS FOR LID #30 STREET IMPROVEMENT PROJECT BE ON THE AGENDA OF THE APRIL 20, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Legislative amendments MOVED BY HILL, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE to SEPA. ON THE AGENDA OF THE APRIL 20, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. ADJOURNMENT 11:00 P.M. MOVED BY HILL, SECONDED BY HARRIS, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHQL- E ADJOURN. MOTION CARRIED. X -Gary L: Van Dusen, Council President Norma Booher, Recording Secretary