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HomeMy WebLinkAbout1981-06-01 Special MinutesJune 1, 1981 7:00 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS DISCUSSION Prop. Zoning Ord. Draft No. 4. 323 City Hall Council Chambers TUKWILA CITY COUNCIL SPECIAL MEETING M I N U T E S The Tukwila City Council Special Meeting was called to order by Council President Van Dusen at 7:20 P.M. L. C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, DANIEL J. SAUL, Council President GARY L. VAN DUSEN. Council President Van Dusen stated the record would show that letters on the proposed zoning ordinance had been received from: Riverside Inn, Oak Harbor Freight, Engstrom Machine Works, Rockwood Products Corporation, Aden O'Dell, Jim Locke, and Paul K. Haggard Company. He said the subject of the letters was the zoning along Interurban Avenue. Council President Van Dusen stated Brad Collins, Director of Planning, would explain the zoning review process that is taking place in these meetings that are being held on the proposed zoning ordinance, Draft No. 4. Brad Collins, Director of Planning, said at the last meeting he had a number of issues and inquiries addressed to him as to the type of action that was being taken by the Council. At that time we did not have a clear legal response. The staff has requested legal direction and the result is the same in dealing with the site specific map changes whether they are sent to staff for further study or the Council takes a vote as to intent on proposed zoning for specific sites. The proposed zoning action is identified to be forwarded to the hearing where formal action will be taken at a later time. The next point is the consistency between the comprehensive plan and the zoning ordinance. The comprehensive plan is a 20 year plan for the future as to how we want to see the development of Tukwila. It is necessary that there be consistency between the comprehensive plan and the zoning ordinance and to review any changes and how they will take place. Mr. Collins said the process by which the comprehensive plan is changed is that it goes through a public hearing with the Planning Commission for proposed amendments. We are adding a step and that is to send the new proposed map to the Planning Commission for their review. After their recommendation they will forward it back to the City Council for adoption of the new ordinance map as well as amendments to the comprehensive plan that may be added. The review sessions will last for several weeks after which time it will go to the Planning Commission and then it will be brought back to the Council for their final hearing and adoption with appropriate amendments. We are getting public input and the intent of the Council at these review meetings. Mr. Gregory F. Cromwell introduced himself from the audience, stating he was representing Louise and John Strander. Council President Van Dusen said this is a review process and nothing is finalized at this point. The Council will reopen any discussion for final comments. He said the Council would like to finish the zoning map before they go back to the Administrative procedures which have not been completed. Council President Van Dusen said there is a conflict with some of the zoning and what the people would like. With respect to the zoning on Interurban, Staff has not submitted the feedback that was requested last week, as it will take time to get the information together. Mr. Collins said the information requested will be ready in about 2 weeks. Councilman Hill said most of the people in the audience are interested in Interurban Avenue so he suggested the Council continue discussion of that area. Interurban Avenue Council President Van Dusen said discussion would continue on zoning on Interurban. He said he wanted the audience to understand TUKWILA CITY COUNCIL SPECIAL MEETING June 1, 1981 Page 2 Interurban Ave. contd. that final action is not being taken by the votes that are cast. There will be a final public hearing prior to final action. Councilman Bohrer said nothing will be final until the Council passes the ordinance. The Council has recommendations from the Planning Commission and that is what is being considered at this time. Harold Hill, representing Grantree Furniture, said his company entered into a contract with the City of Tukwila six or seven years ago. He said he felt the City is now saying they do not keep their contracts. He said actions taken by the Council can result in financial disaster for his company. John Barnes, audience, said he was assured at the last meeting that McMicken Heights would be discussed at this meeting. He said he has been sitting here for five years trying to get something across. The notice said McMicken Heights would be discussed. Council President Van Dusen said Interurban Avenue would be dis- cussed first on the agenda, and then McMicken Heights. A man in the audience said if the motions from last week's meeting are read they say that the zoning along Interurban Avenue has been changed. How is this matter going to be brought back and voted on again? He said it is not just his property, but the property of others. If it is considered C -1 it will be a financial hardship on him. He said he would like to have the motion explained. Councilman Harris said she thought many people have a mistaken idea about what is going on. This is just a work meeting and final action is not being taken. The motions are a consensus of the Council members. She said in her motion about the C -1 zoning along Interurban she was referring to a small strip, and then said the Council should make it all C -1. The motions do not indicate final action. A man in the audience said when the draft comes from the Planning Commission it will show the area as C -1 in accordance with the motion. Brad Collins, Director of Planning, said what the Council did at the last meeting was ask staff to consider changing the proposed zoning map to C -1 east of Interurban Avenue. They were concerned with the area between Foster Golf Course and the entrance to Fort Dent. He said the Planning Department will come back to the City Council with what the impacts would be if there were this change to C -l. It will be considered again. The map will go to a public hearing where the Council will decide whether to zone it C -1 or M -1 before it becomes a law. The wording of the motion that was made was brief. A man from the audience said in regard to the concern of the area west of Maul Avenue, the strip is 90 feet wide. There is develop- ment there. That would answer the need for a barrier. Paul Haggard, audience, said the motion indicates a decision was made. He said these discussion have been going on for five years. He said he would like an idea as to when the Council is going to make a decision and then he would plan to be in attendance. Council President Van Dusen said the Council will make a final decision later, after the public hearings. The Council will receive a staff report within two weeks as to the impact the C -1 zoning would have on the east side of Interurban Avenue. The date of the public hearing is not known. A man in the audience representing Engstrom Machine Works said the people along Interurban are nervous about the preliminary decisions. When this matter was considered by the Planning Commission, letters were written presenting the business men's point of view. TUKWILA CITY COUNCIL SPECIAL MEETING June 1, 1981 Page 3 e 3 z=\ Interurban Ave. contd. A man in the audience said when he thought he was in C -2 zoning he wrote to the Planning Department. He said there is no neighborhood access. The one peice of property is only 20,000 feet. He said he was not going to put in a bowling alley or a theater. If you go across the street you see Grantree. He said in his letter of October 23, 1980 he wrote regarding this matter. He said he cannot go from M -1 to C -1. Felix Campanella, audience, said he had written a letter on the Interurban zoning of R -4. His request was to have contiguous zoning considered. Since the time the Council approved his plan for development he has submitted a preliminary package to a lender. The feedback they have received is that if the property remains as R -4 it would be non conforming. The possibility of funding is doubtful. He would request that the Council give thought to taking 940 feet on Interurban and making it C -1. It is now C -2. That would make it contiguous to the rest of the property. He said he had written a letter making this request. He said he was uncomfortable with these inconsistencies when he has been given permission to build. Councilman Bohrer said a motion was made last week asking Staff to give Council an opinion on this particular area, which is a change from what the Planning Commission recommended. Councilman Saul said where Mr. Campanella has been granted approval of office building it is not fair to him to deny him the right to go ahead. The Council has stated the office buildings can go in there. Mr. Campanella said they would like their piece of property C -1 so they can go ahead with the financing. Council President Van Dusen said the Council may have to make some of their decision here without waiting for the Staff report. He said he empathized with the people. Councilman Bohrer said he had empathy with the audience but he would like to get the input from the staff in accordance with the motion that was made last week before a decision is made. Jerry Knudson, audience, said he would like to make a comment, and that is that many of the audience came to the meetings with the Planning Commission and staff and gave input at that time. He said he hoped the map is based on what the public input has been. Now it is going back to staff again. He said the facts have been presented. We need to come to grips with it. A man in the audience representing Bestway Motor Freight Lines said they brought their property about seven years ago when it was zoned M -1 and they hated to see it zoned to something else. He said they do not want it to be destroyed by rezoning. Francis North, representing the Codiga property, said she is interested in 36 acres in Tukwila zoned M -1. It was discussed at last week's meeting and some part of it was changed to R -A. She said she hoped this was not the last time they could give input. There are dangers to downzoning. There is a bill that did not pass this session, but may pass during the next session, that says some benefit will have to be paid to someone who is hurt when property is downzoned. If the property is downzoned they will lose some of the uses of the property. The particular property on the east side was zoned M -1 when it came into the City. It is a good idea to have it that way. It is contiguous to the Burlington Northern development. Councilman Bohrer asked Mrs. North if she had a specific use that would require M -1 zoning? Mrs. North said she did not, but she did not know what is happening to the 36 acres with the river intervening. There was no action taken on the western property. Councilman Bohrer said there was a small piece surrounded by R -A. Mrs. North said she was surprised that King County has not questioned the map. Maybe there will not be a park there. Maybe the City wants to keep it M -1. She said she had not contacted King County, but she would. TUKWILA CITY COUNCIL SPECIAL MEETING June 1, 1981 Page 4 33.33 Interurban Avenue contd. Councilman Phelps said since Mrs. North's property is so close to the boundary of King County property she wondered what the County plans for this? Mrs. North said she did not know. She is concerned about her brother's landscaping business. She wondered what would happen now. Councilman Johanson said most of that land came in as open space. Mrs. North said it came in as M -l. Councilman Johanson said she is now requesting M -1, but at the time of the annexation she requested it be open space. Mrs. North said the east side of the river is in open space. MOVED BY HILL, SECONDED BY SAUL, THAT STAFF MAKE RECOMMENDATION TO THE COUNCIL ON THE ZONING FOR ALL OF INTERURBAN AVENUE AND THE COUNCIL WILL REVIEW IT AGAIN ON JUNE 15, 1981. Paul K. Haggard, audience, asked if interested parties would have a copy of the report to review prior to the meeting. Council President Van Dusen said if the report is ready, copies will be available to be reviewed. Mr. Haggard asked if a vote will be taken at that time on the consensus of the Council? Council President Van Dusen said it would not be a final vote, the report and the input will be packaged up and go to the Public Hearing and public input can be considered again at that time. Brad Collins, Planning Director, asked that those wishing to receive a copy of the Planning Department report should sign the paper at the door. Mr. Eland, audience, asked if those concerned with the zoning on Interurban could send in a financial report as to what the downzoning would mean to them. He said in his case he was talking about one million dollars. Council President Van Dusen said any input is acceptable. Councilman Hill said this property was once C -1 in one of the early drafts, then it came back C -2, then it was recommended to go back to C -1. Councilman Bohrer said the motion that is being considered is the same as the one made last time, but there is now a time limit on it, it will be considered on June 15. MOVED BY BOHRER, TO AMEND THE MOTION AND SET THE TIME OF REVIEW AS ONE WEEK AFTER THE REPORT IS AVAILABLE. MOTION FAILED FOR LACK OF A SECOND. MOVED BY SAUL, SECONDED BY HILL, TO AMEND THE MOTION AND SET THE DATE OF JUNE 22, 1981 AS THE DATE FOR THE HEARING ON INTERURBAN AVENUE. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Brad Collins, Planning Director, said they would mail the staff recommendation prior to the hearing to all those requesting it. Joanne Davis, audience, said she was wondering if this report would take into consideration the financial impact on the property that may be downzoned? Brad Collins, Planning Director, said they do not plan to do an economic impact statement. They will try to identify the impact of the uses and whether they are conforming or nonconforming. They will be looking at what the purposes or objectives will be. They will go over specific benefits. This report will be ready for review by June 15 and ready for discussion on June 22, 1981. RECESS MOVED BY HILL, SECONDED BY SAUL, THAT THE TUKWILA CITY COUNCIL 8:30 8:50 P.M. SPECIAL MEETING RECESS FOR TEN MINUTES. MOTION CARRIED. The Tukwila City Council Special Meeting was called back to order by Council President Van Dusen, with Council Members present as previously listed. TUKWILA CITY COUNCIL SPECIAL MEETING June 1, 1981 Page 5 Discussion on area north of 405 west of I -5. Discussion on McMicken Heights, west of I -5. Bruce Solly, audience, said the area north of Renton Three Tree Road, the area marked 2 is shown as C -2. He said they have completed two new buildings and have asked for some changes so they can go ahead with the office project. The next building site they have is shown as C -2 and P -0. They have talked to staff and the easiest way is to have the C -2 line (using the wall map) come to this line. The present zoning if RMH. If the Council complies with the request they would have P -0 and C -2. MOVED BY SAUL, SECONDED BY PHELPS, THAT ON LOT 2 THE C -2 LINE BE MOVED TO THE SOUTHERLY PROPERTY LINE OF THE PARKRIDGE BUILDING. MOTION CARRIED. John Barnes, audience, said he would like to distribute copies of his letter of April 8, 1981 to the Council. It concerns Parcel 65, now zoned RMH. It was annexed to the City long ago. He said he would like appropriate zoning. Over the years he has been living there and as he retires he would like to develop. It is 1 acre. Fred Satterstrom, Planner, said he could have 29 units on the property. Mr. Barnes, audience, said the property is ideal for an apartment hotel. It is 5 minutes to the airport and you can walk to Southcenter. Council President Van Dusen said it is designated R -1 -120. Mr. Barnes said at prior times he was given authority to address all of Tract 65. Brad Collins, Planning Director, said this area has been a matter of concern regarding the change in the comprehensive plan. In preparing for the meeting, the Planning Department reviewed the comprehensive plan policies and it was hard to determine what the appropriate designation should be for that area, due to conflicts in policies. The main issue that has been raised is the question of topography and slope having two concerns: topographical definition and environmental sensitivity of the McMicken Heights area. The critical policies are that the stability of the geology needs to be certified in order for development to occur in that sensitive area whether it is R -1 or RMH and that the topographical boundary between what is on top of the hill versus what is on the lower portion of that area may have enough definition to define another neighborhood. The policies that the comprehesnive plan map seem to follow are the preservation of an R -1 neighborhood. Based on the comprehensive plan policies, arguments could be made in favor of either direction. The Council should identify the intention of the comprehensive plan and the consistency of the maps. Richard Kirsop, audience, said the whole question is whether or not the people who have had multi family zoning in the area for 15 years should have it taken away from them. In view of the heavy noise density and unsuitability for single family residents it seems perhaps it should remain as it is. For the past years it has been zoned multi family and no one has taken out a building permit. The property owners rights were diluted by lack of any action. There is a group not of the City who are determined to stop any and all multi family residences on the west side of 405. He said he felt the Council should make a decision on this so it can be settled. Councilman Saul said there are a lot of people who live in Tukwila who are against multi family zoning in that area. Councilman Hill said for years the Council has tried to decide what they should do about this area. The Council should take into consi- deration the land use. He said he went down 160th and there is a problem there; the road is cracked and bumpy. There are a lot of residents of the City who want to live here after they retire. They are not developers and do not want to move after they develop. There is always the possibility of the property being sold to a developer and they would want to develop to the highest to get their money back. As a buffer, it would work out beautifully if they could all work to- gether. He said it should not be done piece -meal. If someone could come to the Council with a proposal to develop the hillside the Council would have something to work with. He suggested that staff come up with a suggestion as to what is possible to do with the area. The City wants to protect the people on the hill from the multi developer. TUKWILA CITY COUNCIL SPECIAL MEETING June 1, 1981 Page 6 Discussion on McMicken Heights, west of I -5 contd. *much of a35 Councilman Phelps said she agreed with Councilman Hill. She did not agree with the Planning Commission that the area should be zoned R -1 -120. Councilman Bohrer said when the noise survey was done, the results showed that *ihe City was impacted by noise levels. It already affects many of the citizens. In 1977 when the Council was considering the comprehensive plan they looked at an area down the hillside. It was about 185th South overlooking the freeway. About four years ago they were developing the area and there was one lot left they were asking $15,000 for. They said the lots were selling $8,000 to $15,000. The people were building near the freeway in the high density noise area. Councilman Phelps said they were discussing the area along 180th. It is presently zoned RMH. The soil tests have been fairly con- sistent. Councilman Harris asked if there is anything in the files that would show a reliable soils analysis? Is there anything in the file that would indicate what kind of soils testing has been done? Fred Satterstrom, Planner, said we have soils reports on the Schmidt property and test holes were drilled on the Park property. Brad Collins, Director of Planning, said the Department would be getting soils reports on the McNamara property. Whether the property is R -1 or RMH it would require showing that any development would be stable. John Barnes, audience, said one test hole was driven to the west. The Park property to the south was drilled. The engineer said the property to the west and south was stable. He said in his letter of April 8, 1981 he stated that the State assures that it is stable. Starting at 51st and going down 158th to 160th the State put in a water barrier. It seems if the State puts in a water barrier, it would not slide. Councilman Bohrer said the guarantee was for stability insofar as the freeway was concerned. Mr. Barnes, audience, said the property was zoned RMH, the State said it was stable. Councilman Bohrer asked if the guarantee extended to the hillside? Mr. Barnes said it did. Mr. Barnes said it is a matter of court record. MOVED BY SAUL, SECONDED BY BOHRER, THAT COUNCIL CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO LEAVE THE AREA DISCUSSED AS R -1 -120. MOTION FAILED, WITH SAUL, BOHRER AND JOHANSON VOTING YES. MOVED BY HILL, SECONDED BY HARRIS, THAT THE MATTER BE REFERRED TO STAFF FOR RECOMMENDATION ON THE PROPER DEVELOPMENT OF THE AREA DESIGNATED AS 65, 66, 67, AND 68 AS LISTED ON THE PROPOSED ZONING MAP, TAKING INTO CONSIDERATION THAT THIS IS AN ENVIRONMENTALLY SENSITIVE AREA PER THE MAP AND COME BACK TO THE CITY COUNCIL ON JUNE 29, 1981 WITH A PLAN OF THE MOST VIABLE PLAN TO DEVELOP, NOT TAKING INTO CONSIDERATION LAND VALUE. MOVED BY HARRIS, SECONDED BY HILL, TO AMEND THE MOTION AND HAVE STAFF LOOK INTO THE POSSIBILITY OF HAVING A PLANNED UNIT DEVELOPMENT. Councilman Johanson said he would not want staff to prepare an analysis of soils conditions as it would be an improper use of funds. Brad Collins, Planning Director, said until all of the owners were working together it would be difficult to plan the area as a planned unit development. He said Staff could provide some environmental plans. It would be difficult to plan for several owners. Councilman Bohrer said he thought Staff should not have to plan for private development. TUKWILA CITY COUNCIL SPECIAL MEETING June 1, 1981 Page 7 Discussion on McMicken Heights, west of I -5 contd. ADJOURNMENT 10:05 P.M. *MOTION FAILED, WITH HILL, HARRIS AND PHELPS VOTING YES. *MOTION FAILED, WITH HILL, HARRIS, AND PHELPS VOTING YES. Council President Van Dusen said the discussion of McMicken Heights would continue next week. MOVED BY HILL, SECONDED BY SAUL, THAT THE TUKWILA CITY COUNCIL SPECIAL MEETING ADJOURN. MOTION CARRIED. C Council P esident Gary L. Van Dusen Recording Secretary