HomeMy WebLinkAboutReg 2011-10-03 Item 6A - Blue Star - Staff ReportCity of Tukwila
Department of Community Development
STAFF REPORT
TO THE TUKWILA CITY COUNCIL
Prepared September 23, 2011
HEARING DATE:
STAFF CONTACT:
October 3, 2011
Brandon J. Miles, Senior Planner
(206) 431 -3654
Brandon.MilesL'Tukwilawa.Lyov
,litre Ha Ma
,luck Puce, Director
NOTIFICATION: Notice of Application posted on site and mailed to surrounding properties and
agencies with jurisdiction on August 2, 2011
Public Information Meeting held on August 17, 2011
Notice of Public Hearing posted on site, mailed to surrounding properties, agencies
with jurisdiction, and parties of record on September 19, 2011. It was also
published in the Seattle Times and listed on the City's Website September 19,
2011.
FILE NUMBERS: L11 -042 (Unclassified Use Permit)
ASSOCIATED FILES: El 1 -010 (Environmental Review)
APPLICANT: Blue Star Gas
REQUEST: Unclassified Use Permit approval by Tukwila City Council for the operation of a
propane Fuel distribution business within the MIC /H.
LOCATION: 10502 East Marginal Way South, King County Parcel 032304 -9046
COMPREHENSIVE
PLAN DESIGNATION/
ZONING DISTRICTS: Manufacturing Industrial Center /Heavy (MIC /H)
SEPA COMPLIANCE: Determination of Non Significance Issued September 16, 2011.
PUBLIC COMMENTS Sound Transit provided written comments regarding the project on August 23, 2011
(Attachment F). Sound Transit provided a revised comment letter on September 5,
2011 (Attachment I). No members of the public attended the Public Information
Meeting on August 17, 2011.
RECOMMENDATIONS: Approval with conditions
6- Sorrthcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone 206 --1,1- I'670 Fax 206 -4I'1 -1665
ATTACHMENTS:
A. Aerial map of project site
B. Aerial map showing project site in relation to MIC area
C. Applicant's Response to Unclassified Use Criteria
D. Determination of Non Significance issued September 16, 2011
E. Site Improvement Drawings for Blue Star Gas dated stamped September 13, 2011
F. Letter From Sound Transit to City dated August 23, 2011
G. Letter from Blue Star Gas to City dated August 31, 2011
H. Letter from Blue Star Gas to City dated September 6, 2011
I. Letter From Sound Transit to City dated September 8, 2011, 2011
J. Fire Safety Analysis For Blue Start Gas, prepared by GT Engineering dated June 13,
2011.
K. Relevant Pages From the Tukwila Comprehensive Plan and Countywide Planning
Policies
L. Wikipedia page regarding Propane
Page 2 of 17
FINDINGS
PROJECT DESCRIPTION
Blue Star Gas is proposing to operate a propane distribution facility at 10502 East Marginal Way South within the
City's Manufacturing Industrial Center /Heavy Zoning District. Blue Star Gas' use of the property includes several
components:
1. The first is a propane distribution facility to serve the Puget Sound area. The distribution facility will
consist of six employees and one 30,000 gallon above around propane storage tank and related
vehicles. This distribution facility will be used to service smaller retail distribution facilities and fleet
vehicles in the area.
2. The second use is a propane auto-as fueling station for fleet vehicles which use propane as fuel.
The fueling station can be accessed 24 hours a day, seven days week for any user operating an
"auto-as" powered vehicle. The fueling station will be supplied by one 1,150 gallon above ground
tank.
3. The final use on the property is the assembly of fuel distribution equipment for retail operations. The
assembly will take place in a prefabricated steel structure on the site.
Under Tukwila Municipal Code (TMC 15.35.0.50 (5)) an unclassified use permit (UUP)
is required for the proposed 30,000 gallon tank and the smaller tank on the site. The operation of the "autogas"
fueling station and the assembly of fuel distribution equipment are permitted outright within the MIC /H zone (TMC
15.35.020 (2)' and TMC 15.35.020 (22)).
VICINITY /SITE DESCRIPTION
Site Description and Existing Development
According to King County records, the property is just over 5.5,000 square feet in area. The property sits near the
busy intersection of Boeing Access Road, Airport Way, East Marginal Way South, and Tukwila International Blvd.
There is currently no tenant on the site. An existing modular building is located on the site and the site is fully
paved with asphalt. According to City business records, the last tenant on the site was Matrix Transportation. As
seen from the aerial photo included as Attachments A and from the construction plans provided at Attachment E, an
elevated section of Sound Transit's Link Light Rail and two support columns are located on the project property.
Sound Transit maintains a 32 foot easement on the property for the Link Light Rail Line. Also, located on the
property is a fire lane easement for the property located to the south and a billboard structure.
The specific use listed for auto gas. Given the movement towards alternative fuels, staff has interpreted that this code
provision also applies to fuel stations for alternative fuels, such as propane, biodiesel and natural gas
Page 3 of 17
Billboard S11 uclitre loculed on subject proper) Y.
Pa-e 4 of 17
Sound Transit Lighl Ruil Lind on Proper) Y
Surrounding Land Use.
The proposed property is bounded to the west by East Marginal Way South. Located on the opposite side of East
Marginal South is the Chevron Gas station which includes fuel filling, a convenience store, and a car wash.
Located north of the subject property is a small parcel which includes a steel framed warehouse; located south of
the subject property is a large warehouse building; and located to the east is right of way for Seattle City Light and
the police shooting range owned by the City of Seattle.
Page 5 of 17
Light Rail Line and Trailer that will he used as off ice by Blue Slur
Cal located on opposite side of East Marginal WaY S
Tono arai)hy.
The site is relatively flat. According to the SEPA Checklist the site has a two percent grade. The applicant is not
proposing any grading as part of this project.
Vegetation.
The site is already developed and 100 percent impervious. No trees offsite, including the City "s street trees, should
be impacted the proposed project.
Access.
Access to the site is via East Marginal Way and is proposed to remain unchanged. Via Boeing Access road the site
can access both directions of 1 -5.
Page 6 of 17
Large urai localed south of prol'ecl silo.
Small Incluslrial Building Localed Norlh of Proper) Y
Blue Star Gaff is proposing a Fuel distribution operation along East Marginal Way South. As part of the operation,
Blue Star is proposing to install two above ground propane storage tanks, with one tank being 30,000 gallons (Tank
"A and the second tank being 1, 150 gallons (Tank `B Tank `A" will be used to operate the applicant's propane
distribution operation while Tank `B" will be used to operate the fleet Fuel dispensing operation located on the site.
TMC 18.38.0.50 (8) requires the issuance of an unclassified use permit for, "Maliufacturiug, refining, or storing
highly volatile, noxious or explosive products such as acids, pe trole uin products, oil or gas, inatche s, fertilizer or
inseclicides Liquefied propane is explosive and thus Falls under this category. The storage of the liquefied
propane will occur both in the above ground tanks and in propane delivery trucks, commonly referred to as
"bobtails
As the City Council may be aware, many unclassified use permits are required For essential public facilities. The
proposed Blue Star application does not meet the definition of an essential public facility.
The purpose of the unclassified use permit process is to provide a more intensive level of review and public notice
For the proposed use. As required by TMC, the City issued a 21 -Day comment period as part of the Notice of
Application. The Notice of Application was posted on site and mailed to surrounding property owners and tenants.
Additionally, as required by TMC 18.108.0.50 (A), the City held a public meeting on August 17` in which members
of the public were invited to attend to get information about the project From City staff and the applicant. No
members of the public attended the August 17` public meeting.
Given the proximity of the Fuel tanks to the Link Light Rail line operated by Sound Transit, City staff advised
Sound Transit of the project in early June and sent them a copy of the proposed site plan for comment. After the
permit application was formally submitted, City staff mailed a copy of the Notice of Application directly to Sound
Transit. Sound Transit submitted a comment letter on August 23, 2011 (Attachment F) expressing concerns with
placing the above ground fuel tanks close to the Light Rail Line. On September 1, 2011 representatives from
Sound Transit; the City of Tukwila's Fire Department and Department of Community Development, Economic
Development; and Blue Star Gas met to discuss the proposed project and safety features that have been
incorporated into the project's design. As result of the Sound Transit concerns, the applicant revised their project
application. On September 8, 2011, Sound Transit provided a revised letter stating that they no longer had concerns
regarding the proposed project (Attachment 1).
About PrODane
Propane is normally a gas, but For transport and storage purposes is compressed into a liquid. Propane is the
byproduct of natural gas processing and petroleum refining and is commonly used as a fuel for engines, torches,
barbecues, portable stoves and residential heating. With the price of oil rising, the demand For propane as a Fuel
alternative For automobiles is growing (Attachment L).
According to Propane I0l.com:
Propane is non-loxic, non-causlic and will nol create an e livironine nlal hazard if released as a liquid or vapor info
iraler or soil. ff spilled in large quanlily, the olily environinenial dainage lhal inay occur is freezing an�� oiganisin
or plant life in the inane diate urea. There are no long le rin eff c cis following a propane spill even i f the qualilities
are excessively large. The only dainage and potential danger exists if the vapor is ignited following a spill. And
even rhea, there are no long leiiri (-ffecis of ignited propane lhal can be dainaging to the environineni. Propane
liquid and vapor are e livironine nially sound and,Erie ndly in their nnuse d Slates (prior to coinbuslion) l f released.
Propane is nol considered a greenhouse gas.
Propane is nol dainaging to freshiraler or salliraler ecosysleins, underiraler plain or inarine life.
Page 7 of 17
Propane is nol harn?ful to soil if spilled on the ground. Propane will nol cause harin to drinking ticraler
supplies.
Propane vapor will not cause air pollution. Propane vapor is not considered air pollution.
Propane vapor is nol hainnful if accidenlally inhaled by birds, animals or people.
Propane will only cause bodily harin if hLmid oronane comes in conlacl with skin (boiling poilil -44Y).
Allhough the ph characlerislics of propane ina m cause harin to living things, the cheinical inakeup of propane
m n
will nol harin avlhing. Then again, drinking wafer is harmless bul who would allempl to chew on an ice cube lhal
is 45 degrees below e ro or lake a 450 degree steam bath. The poilil is propane will not harin people or the
environinenl and while its harmless attributes are eco friendly, ils lemperalure characlerislics can and will cause
harm when handled with carelessness.
REVIEW PROCESS
The criteria for reviewing UUPs are listed in TMC 1 5.66.060 and are repeated below with Stall's response. For the
applicant's response to the criteria see Attachment C. As a reminder, reviewing of an UUP is a quasi judicial
action and the Council must base its decision on the criteria found in TMC 18.66.060, the record and testimony
provided at the public hearing
The City Council shall be guided by the criteria found in TMC 18.66.060 in granting an unclassified use permit:
1. Where appropriate and feasible, all facilities shall be undergrounded.
Blue Star gas is proposing a propane distribution businesses at 10802 East Marginal Way. As part of Blue Star's
operation, two above ground propane storage tanks. Tank "A" will be a 30,000 gallon tank which will be used in
the applicant's propane distribution business. Tank "B" will be a 1, 150 gallon tank which will be used to serve the
propane fleet fueling system located on the site. The applicant has stated that placing the tanks underground would
"limit the ability to continuously inspect the facilities" for safety purposes (Attachment C). Suburban Propane
currently operates a similar propane distribution business along Interurban Ave South near the Tukwila Community
Center with above ground tanks.
This area of the City has a high water table and the applicant has noted the placing the tanks below ground could
present problems. The high water table could lead to corrosion of the tanks and given that compressed propane is
lighter than water the tanks could actually push to the surface if placed underground.
Other aspects of the fuel distribution operation, such as the office, autogas dispensing, and storage of vehicles will
occur above ground. All utilities that will serve the site will be located below ground.
2. The proposed use will not be materially detrimental to the public welfare or injurious to the property
or improvements in the vicinity.
TMC 18.38.0 10 states the purpose of the MIGH zone is, "...[T]o provide u inajor e mplo area containing
heavv or bulk inanufacluring and industrial uses, dislribulive and lighl inanufacluring and olher uses lhal support
those industries The permitted uses in the MIGH zone are some of the most intense industrial uses allowed in the
City.
No residential uses or places of assembly are located near the subject site (Attachments A and B). The nearest
residential neighborhood in the City is on the far side of the Duwamish Hill Park located off of South I16`" Street.
Additional residential uses are located east of I -5 in the Ryan Hill area.
An elevated section of the Link Light Rail guideway curves across the southeast corner of the site. According to
the applicant's Fire Safety Analysis, provided as Attachment J, 220 people could be present on one of the two car
Page 8 of 17
light rail trains. During peak hours the trains run every 7.5 minutes. The actual number could be higher based on
the number of trains that Sound Transit runs at a particular time. Sound Transit does have the ability to run a train
with four cars. This typically occurs for large sport events (Seahawks). The placement of fuel tanks near the light
rail line and other uses in the area presents safety concerns to be explored. During the City's meeting with Sound
Transit on the proposed project, Sound Transit indicated that this portion of the guideway is fitted with anti
derailing safety features.
The proposed site layout will assist in minimizing adverse impacts associated with the two above ground storage
tanks and the overall function of the site. The project will include several aspects including a fleet fueling
operation similar to Pacific Pride and a propane distribution operation. While customers with an access card will
have access to the fleet fueling area, access to other parts of the site is restricted to authorized personnel. The
public will not have access to Tank "A the largest tank on the site. A six foot fence will separate the public area
from Tank "A The fence will also restrict access to the area of the property that contains the Sound Transit
support columns.
Fire Code specifies a required setback for storage tanks that contain flammable or explosive substances, such as
propane, from buildings and property lines. The site design appears to comply with all Fire Code setback
requirements. Tank "A" has been placed over 50 feet from the Sound Transit Light Rail guideway. Tank `B" is
over 100 feet away from the Light Rail guideway.
The next aspect of the site design to consider is the mechanical and engineering design of the tanks and the safety
features that are proposed to be built into the design of the facility. The applicant notes in Attachment C that they
have exceeded those safety measures required by the National Fire Protection Association. The following outlines
the safety measures that have been built into the design of the facility. For more detail on the safety features, refer
to attachments C and J.
1. Internal control values that meet Fire Code.
2. Plumbing design for high pressure and high temperature service.
3. Relief valves designed to be protected from physical impact and environmentally induced corrosion.
4. Safety features for the transfer of product between trucks and Tank "A
5. Lighting levels to allow for nighttime operations.
6. Impact protection against vehicular impacts to the tanks.
7. The presence of multiple dry chemical fire extinguishers.
8. Manually actuated emergency shutoff valves.
9. Thermally actuated shutoff equipment.
10. Installation of Low Emission Transfer Equipment
11. Staff Training
The proposed use of the site also requires that large trucks navigate the site to load and unload propane. Tank "A"
will be filled by using large tanker trucks. The tanker trucks will carry less propane product than the tank can
actually hold, thus the tanker truck would likely empty itself into Tank "A" before leaving the site. The importance
of this is that the circulation of the site is designed so that the tanker trucks will unload their product into Tank "A"
thus, the amount of propane passing below the light rail line is minimized. Bobtail gas trucks will also navigate the
site. These bobtail gas trucks are used in the applicant's fuel distribution business. These trucks are loaded with
fuel from Tank "A" and then are dispatched throughout the region to deliver fuel. The movement of the large trucks
on the site would require that they move near and under the Light Rail guideway. At night the bobtail trucks will
be stored in the front of the property and will be filled with propane.
The City's Fire Department required that the applicant have a Fire Safety Analysis prepared to examine the
proposed design of the applicant's use and potential impacts to adjacent uses in the event of a catastrophic event
(Attachment J).
Page 9 of 17
While propane is flammable and the tanks on the site could explode or catch Fire, propane does not have the same
properties as automobile gas and diesel which tend to burn long and hot. In the event of a major incident, the tanks
would likely flash burn. Essentially, the propane gas would Fireball and burn quickly. Likely, the Fire From the
tanks would be out before the City's Fire Department arrived on site. In the event of a major incident at the site, in
all likelihood the support columns would not be damaged given that the concrete would not have time to reach a
high temperature because the Fire would have quickly burned itself out.
The Fire Safety Analysis concludes by stating:
"This LPG built lrausfer and storage facilil is localed in an area with minimal exposures. It will be equipped with
re dundaw product coulrols, an automatic, fire detection and suppression sysle sn and excess pressure venting
appurtenances. Management procedures specifically elimivaliou of ignition sources (smoking, engine shutoff) for
transfer operations. Management also fnainlains a prescriptive inaiuleuauce program for hoses, check valves, fire
extinguishers and suppression e quipme ut in compliance with state and local codes
"Following a review of the f icilily fe ature s and coulrols, GT Engineering finds the proposed facilil v to he in
compliance with the c'Ode s...No unuslfal conditions are pre se w which require addilional prole clion oulside the
scope of NFPA Sty' the Liquified Pelrolemn Gas Code".
Given the potential impacts the proposed use could have on Light Rail, Sound Transit was invited to review the
proposed plans. In a letter dated September 8, 2011, Sound Transit stated that, "Based on the conlenl of [the Fire
Analysis], along with the eape elation of a highly reliable response from the fire suppression devices, Sound Transit
does nol have any addilional connne 121s or concerns regarding the location of the Blue Slur Gas Propane Slalion
Sound Transit did suggest several modifications to the plans which the applicant has made. These changes include:
Marking Sound Transit's Easement area on the asphalt with six inch wide reflective yellow striping
(Attachment E)
Painting lettering on the asphalt near the light rail line stating, "No Propane Truck Parking" (Attachment
E).
Placing reflective "No Propane Truck Parking" signs on the support columns (Attachment E).
Blue Star Gas has already made these changes to their site improvement plans, see Attachment E.
Sound Transit's September 8`" letter also clarified certain use restrictions underneath the guideway, specifically:
1. Propane trucks may not be left unattended underneath the guideway and
2. No portion of a propane truck may be underneath the guideway while the propane truck is being loaded
or unloaded with product.
3. The proposed use shall ineet or exceed the same standards for parking, landscaping, yards and other
development regulations that are required in the district it will occupy.
The project is subject to all development standards applicable to developments and uses within the City's MIC/H
Zoning District. These development standards include all Fire, Building, Zoning, Signage, and Public Works code
requirements. The above ground tanks will also be subject to an annual permit From the City's Fire Department.
Setbacks
The site plan provided at Attachment E shows that existing and proposed structures and the above ground Fuel tanks
meet all setbacks and development requirements Found in Title 18 of the TMC.
Page 10 of 17
Parking
The applicant will utilize an existing trailer on the site as an office. TMC 18.56 requires that three stalls be
provided for every 1,000 square of usable floor area. The office use on the site requires three total parking stalls. A
total of four parking stalls have been proposed directly adjacent to the office trailer, with one stall being handicap
accessible. Attachment C notes that four parking stalls are proposed under the fueling station. Generally, parking
stalls under a fueling station are not considered as parking. Nor does the City require additional parking for fueling
stations. Users of the fueling station will drive under the station; fuel their cars and then leave.
Three bobtail trucks will be located along the south edge of the property. Parking for the private cars of the drivers
is not proposed as part of the project. The applicant noted that the drivers will park their private vehicles in the
same spots as the bobtail trucks. This arrangement could lead to drivers parking their vehicles in other areas of the
project site. However, UPS does do this practice. As mentioned earlier, there is an existing fire turnaround
easement located on the southeast cornea of the property. Parking in this area or any other area could present
serious safety concerns.
Landscanina
TMC 18.38.080 requires five feet of type 2 landscaping within the front yard Type 2 landscaping purpose is to,
"enhance Tukwila's streetscape, provide a moderate visual separation between uses and zoning districts, screen
blank building walls and parking areas, and allow view to building and entryways and signaQe (TMC 18.52.030
(B)(1) Type 2 landscaping requires one tree for every 20 lineal feet of frontage; one shrub for each five feet of
required perimeter frontage; and living groundcover to cover 90 percent of the landscape area within three years
(TMC 18.52.030(2)).
Attachment E shows a 4.4 foot landscaping strip in the front of the property. The landscaping strip does not have a
width that complies with city code nor does it meet the requirement of Type 2 landscaping. There is a considerable
amount of landscaping within this small area, which generally consists of mature shrubs and ground cover.
Page 11 of 17
The applicant's narrative incorrectly assumes that the street trees located along East Marginal Way South can be
counted towards the required landscaping. However, TMC 18.52.0.50 specifically makes it clear that the
landscaping must be placed within the "yards" of the property.
Sianaae
The applicant has not provided any sign information as part of their unclassified use permit application. All signs
on the property will have to comply with Title 19 of the TMC.
4. The proposed development shall be compatible generally with the surrounding land uses.
The applicant is proposing to construct and operate a propane distribution business within the City's MIC/H zone.
The MIC /H zone allows the most intense industrial uses of all city zoning categories. The City's Comprehensive
Plan provides an overview of the businesses within the entire MIC area, "The Censer is characte ri; e d by light to
heavy inanirfacturing uses, stores facilities, office development small areas of commercial development along
arterials and a few older residences (126)
Neighboring uses are consistent with the description provided in the Comprehensive Plan and include:
A supply warehouse /garage,
2. Sound Transit Light Rail
3. Warehouse and Gene Juarez distribution center
4. Police training facility
TMC 18.38.010 defines the purpose of the MIC /H zoning, "...is intended to provide a ingjor emplovinelit area
conlaiuiug heavv or hulk inauitfacturiug and industrial uses, distributive and light inanitfacturing In order to
facilitate the MIC /H zone as being a place for heavy industry, the City has provided very flexible design standards.
Most developments are not subject to design review or side or rear landscaping requirements. With this
application, the applicant is proposing two above ground fuel tanks. Placement of these fuel tanks in other zones
would be problematic given the more stringent design standards in place in those zones.
According to the SEPA Checklist provided by the applicant the fuel distribution business will generate 15 trips per
day and the fueling station will generate 2.5 to 50 trips per day. As mentioned in the City's Comprehensive Plan,
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Located behind the sidewalk is an existing landscaping strip.
the MIC/H zone is well served by automobile Facilities (127). The number of trips generated by the proposed use is
consistent with the trips generated by other uses in the MIC /H zone.
5. The proposed development shall to the maximum extent feasible be consistent with and promote the
goals, objectives, and policies of the Comprehensive Laud Use Policy Plan and applicable adopted
area plans.
Earlier this year the City Council completed an extensive review of the Comprehensive Land Use Policies
governing the MIC zones. The MIC zone includes two zoning subsets, Heavy and Light, however most policies are
applicable to both areas. The MIC designation is one of Four MIC areas officially designated by the Countywide
Planning Policies. Countywide Planning Polices state that, "Mauit facturiug and Industrial Euploysue aat Centers are
key compouews of the regional ecouoniv The Countywide Planning Policies also state that jurisdictions
containing MIC zones must develop strategies, "...[1ha1] allracl the r_vpe (�f business 1ha1 will ensure economic
growth and slahilily
As part of the recent review of the Comprehensive Land Use Policies for the MIC, the City Council reaffirmed the
City's commitment that the MIC areas should support existing industrial uses, allow for the expansion of existing
uses and support opportunities For new industrial uses (See Attachment K). Blue Star Gas is proposing a new
industrial use. The use includes a propane distribution business which will serve existing businesses within the
MIC zone, City, and region. Propane as a fuel alternative is relatively new in Washington State and presents a
viable option For home heating and powering vehicles.
Comprehensive Land Use Policy 11. 1.5 states that the City shall allow [within the MIC] "...uses 1ha1 are cominorily
associaled with fuauufacluriug and industry.... The propane storage tanks on the property will be used to provide
fuel to offsite clients and to fuel fleet vehicles that come to the site. Customers for Blue Star may include businesses
within the MIC zone as well as elsewhere. The proposed use is also somewhat consistent with outdoor storage of
heavy equipment and trucks which is an outright permitted use in the MIC (18.38.020 (42)).
The proposed use will generate noise From the regular operation of trucks and vehicles that come to the site 24-
hours a day. The placement of the proposed use in the MIC zone will minimize impacts to commercial and
residential uses. Ensuring that MIC business have proper buffers From residential uses serves two purposes, 1) it
protects the quality of life in residential zones and 2) it allows manufacturing uses to operate without having to be
concerned with use and noise regulations that could interfere with business operations. No residential uses are
located within a half mile of the site. Additionally, MIC /L zoning and Office zoning provides a buffer between the
proposed use and any residential uses.
As part of Council's recent review of the Land Use Policies in the MIC, the Council added Policy 11. 1.6 which
seeks to reduce the truck traffic in Allentown associated with the Burlington Northern Santa Fe (BNSF) railroad
which is in the MIC /H zone. A tanker truck will be used to provide propane to the large tank on the site. Most
likely any truck using the site will come and go via Boeing Access road in order to access I -5. Trucks may also
head south on Tukwila International Blvd in order to have access to SR 599.Reducing conflicts between residential
uses and MIC uses is specifically called out in Policy 11.1.6.
6. The proposed unclassified use shall, to the maximum extent feasible, mitigate all significant adverse
environmental impacts on public and private properties. Full consideration shall be given to:
a) alternative locations and /or routes that reduce or eliminate adverse impacts; and
b) alternative designs that reduce or eliminate adverse impacts
The applicant has selected the MIC /H zone as the location for the proposed propane distribution operation. The
MIC /H zone allows the heaviest and most intense industrial uses of any zone in the City. For example airports
cement manufacturing major electrical facilities hazardous substance processing and handling hazardous waste
treatment and storage heavy equipment repair and landfills are just a few of the intense industrial uses permitted in
the MIC /H. In order to encourage these types of industrial uses to locate in the MIC zone, the City does not require
Page 13 of 17
the level of site design, building design, or landscaping design that would be required in other zones, such as the
Tukwila Urban Center.
The proposed location does place a considerable amount of distance From the above ground storage tanks and
residential and assembly uses (schools, churches and community centers, Attachments A and B).
The proposed project will share a property with a section of the elevated guideway of Link Light Rail. Tank "A"
will be placed 50 feet from the elevated guideway of the Light Rail line (Attachment A, B and E). Additionally,
trucks Filled with propane will regularly drive under and near the guideway and their support columns.
Attachments C and J discuss the various safety features that have been built into the design of the facilities and
operational measures that help reduce an accident happening. The Fire Analysis Report (Attachment J) also
concluded that no unusual conditions were in place that required additional protections beyond what is required by
the Fire Code. The proposed operation will be subject to permits from and inspections by the City's Fire
Department.
A major tank explosion or tank fire could damage the Light Rail Line or cause a major loss of life. Complying with
Fire Code only reduces the chance of a major incident happening, but never fully eliminates the possibility.
The City did ask Sound Transit to review the plans for the proposed project. Sound Transit provided a letter to the
City (Attachment I) stating that they have no concerns with the project provided it complies with Fire Code.
The City's MIC zone is ideal for the proposed distribution business. With easy access to I -5 and SR 599 the
applicant's business will easily be able to serve customers in the Greater Seattle region. The applicant did look at a
property at 10150 West Marginal Way for the proposed use. However, the deal fell through when another lease for
the property was entered into. The West Marginal Way Street location would not have been near the Light Rail line
like the proposed location will be.
7. In the event that a proposed essential public facility of a countywide or statewide nature creates an
unavoidable significant adverse environmental or economic impact on the community,
compensator mitigation shall be required. Compensator mitigation shall include public amenities,
incentives or other public benefits which offset otherwise uninitigated adverse impacts of the
essential public facility. Where appropriate, compensator mitigation shall be provided as close to
the affected area as possible.
Not applicable. The applicant's proposed use does not meet the definition of an essential public facility.
8. For uses in residential areas, applicants shall demonstrate that there is no reasonable nonresidential
alternative site for the use.
This criterion is not applicable to this project as the property is not located in a residential area.
9. For uses in residential areas, applicants shall demonstrate that the use provides some tangible
benefit for the neighborhood.
This criterion is not applicable to this project as the property is not located in a residential area.
10. Secure community transition facilities shall be ineet the following additional criteria:
This criterion is not applicable to this project as it is not a secure community transition facility.
Page 14 of 17
CONCLUSIONS
1. The applicant is proposing a propane distribution business at 10502 East Marginal Way South. The use will
consist of two above ground propane tanks. As described by the applicant, in the SEPA Checklist and UUP
Narrative (Attachment C) the proposed is classified by the TMC as, "...Storing explosive products..."
2. 10502 East Marginal Way South is zoned MIGH and pursuant to TMC 15.35.050 (8) the proposed use is
required to obtain an Unclassified Use Permit. The criteria for review of an Unclassified Use permit are found
in TMC 18.66.060.
3. The Tukwila City Council has authority to review all Unclassified Use Permits pursuant to TMC 18.66. The
City Council is generally required to act on the permit within 120 -days of receiving a complete application
(TMC 18.104.130). The proposed application was deemed complete on July 2.5, 2011. The 120 -day period
will conclude on November 1.5, 2011.
4. The MIGH zone allows the most intense heavy industrial and manufacturing uses of the entire City's zoning
districts. The overall purpose of the MIGH zone is to serve the regional economy. Building design, site
design, and landscape standards are relaxed in the MIGH zone in order to encourage heavy industrial uses to
locate in the MIGH zone instead of other zones.
5. Due to the industrial nature of the use, outdoor storage and the use of trucks by Blue Star Gas, the MIGH zone
is a more appropriate zoning for Blue Star Gas than other zones.
6. TMC 18.66.060 (1) states that where feasible, all facilities shall be under-rounded. It is not practical to place
the office or auto-as dispensing operation below ground. These uses would be permitted in the zone as
outright permitted use. The applicant has proposed to have two above ground Fuel tanks. In the applicant's
narrative they present several reasons why the tanks cannot be placed below ground. One issue that the
applicant presents is that above ground tanks will allow For better detection of leaks and that staff will be better
able to monitor the tanks.
7. The proposed location would minimize impacts to residential uses. Trucks coming and going From the site
will utilize arterial streets and adjacent highways.
8. From a land use perspective (not including potential Fire and safety concerns), the proposed use is generally
consistent with adjacent uses. There are no residential uses in the vicinity that would be impacted by noise or
other impacts associated with the Blue Star Gas operation.
9. Blue Star Gas is an industrial use that will serve the regional economy as envisioned by the City's
Comprehensive Plan and Countywide Planning Policies.
10. Located on the subject property is a section of the elevated Link Light Rail Line. This line carries passengers
between downtown Seattle and SeaTac International Airport. The proposed use will also require that trucks
filled with propane navigate under and around the elevated portion of the light rail line and their support
columns.
11. As required by TMC 18.104.080, the City issued a Notice of Application on August 2, 2011. The Notice of
Application was posted on site and mailed to surrounding tenants and property owners. Copies of the Notice of
Application were also provided to impacted agencies, specifically Sound Transit.
12. On August 17, 2011 as required by TMC 18.108.0.50, the City staff conducted an informational meeting for the
public on the proposed project. No members of the public or other governmental agencies attended the
meeting.
13. On August 23, 2011, the City received a comment letter From Sound Transit regarding the proposed use
(Attachment F). In the letter Sound Transit expressed concerns with the proposed project, specifically the
proximity of Tank "A" to the elevated guideway.
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14. On September 1, 2011, the City's Department of Community Development, Fire Department, Economic
Development Department, and the applicant met with Sound Transit to discuss Sound Transit's August 23,
2011 letter and to discuss the safety features that were built into the design of the project.
1.5. Following the meeting, Sound Transit was provided a copy of the Fire Safety Analysis dated June 13, 2011
(Attachment J). The Fire Safety Analysis concluded by stating, "Following a review of the facilily fealures
and conlrols, GT Engineering finds 1he proposed facilily 10 be in compliance wilh 1he codes No unusual
conditions are present which require additional prole clion outside 1he scope of NFPA 58 1he Liquefied
Pelroleum Gas Code".
16. Following the September 1, 2011 meeting with Sound Transit and after Sound Transit was provided a copy of
the Fire Safety Analysis Report, Sound Transit provided the City an additional letter on September 8, 2011. In
the September 8, 2011 letter, Sound Transit stated they no longer had concerns with the proposed project, but
requested that certain site designs and operational requirements be complied with (Attachment I). Sound
Transit's concerns deal primarily with movement of propane trucks on the site and reducing safety concerns
associated with the Light Rail line.
17. The City's Fire Department has been involved in the review of the project and is generally satisfied with the
safety features that have been incorporated into the project's design; however no amount of design or
mitigation measures can Fully eliminate the possibility of a catastrophic event occurring with the proposed use,
including one that affects the Light Rail Line.
18. The proposed project is subject to compliance with all adopted Building, Fire, Public Works, Zoning, and Sign
codes and other development regulations.
19. As required by TMC 18.66.060 (3), the proposed project is required to meet or exceed the development
regulations of the zone in which it will locate. As shown in Attachment E, the proposed will meet setbacks as
outlined in TMC 18.30.080.
20. The property has an existing 4.4 feet landscaping strip in the front yard. Staff does not see the need to require
that a Full Five Foot landscaping strip be installed as required by TMC 18.38.080. TMC 18.66.030 allows For
modifications to the required landscaped width. The landscaping does not meet the requirements of Type II
landscaping; however the planting area does include mature landscaping. Bringing this landscaped strip up to
type 2 landscaping would require the removal of this existing landscaping.
21. There is sufficient parking on the site to accommodate the proposed office use and autogas operation. The
applicant has stated that the drivers of the propane delivery trucks will park their personal cars in the same spot
as the delivery trucks. Essentially, the drivers will move the trucks and move their private cars in the spots and
vice versa. While the applicant has the ability to control the actions of their employees this could provide
problematic if management controls are not in place. If there is insufficient parking on the site, employees may
attempt to park on the Fire access easement located in the southeast corner of the property. This would present
serious safety concerns by preventing the City's Fire equipment From having adequate turning area.
22. On September 16, 2011, the SEPA Responsible Official issued a Determination of Non Significance
(Attachment D) concluding that the proposed use does not have a probable significant adverse impact on the
environment and determined that the completion of an environmental impact statement was not needed.
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KL'COMML UNCLASSIFIED USE PERMIT
Staff recommends approval of the proposed project, subject to the following conditions:
1. Pavement markings shown in Attachment E, as requested by Sound Transit shall remain in good, visible
condition for the life of the use.
2. The signage that Sound Transit requested on the guideway support columns shall be installed and the applicant
shall maintain the signs in good, visible condition for the life of the use.
3. Parking of vehicles or trucks in areas not shown in Attachment E is prohibited.
4. For the life of the project, the site design approved by the City Council shall not change without prior approval
by the City. Changes to the site design approved by the City Council may require review by the City Council
as outlined in TMC 1 5.66. The Director of Community Development is authorized to approve minor,
modifications which have no impact to the project design. A decision whether a change can be approved by
the Director of Community Development lies solely with the City and there are no appeal rights of the decision
to have the City Council review a change to the site plan.
5. Any vehicular collisions with the Sound Transit guideway support columns, regardless of how minor, shall be
reported to Sound Transit and the City's Fire Department immediately.
COUNCIL OPTIONS
The City Council has the following options regarding this UUP application:
Council may accept staff's conclusions, recommendations, and conditions and approve the UUP
application; or
2. Council may amend staff's conclusions, recommendations or conditions and approve the application, or
3. Council may continue the hearing to a later meeting and ask that staff and the applicant respond to specific
questions and /or provide additional information; or
Council may ask staff to develop findings and conclusions to support a motion denying the application, which
would be considered at the next regular Council
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