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HomeMy WebLinkAbout1985-06-24 Committee of the Whole MinutesJune 24, 1985 7:00 P.M. CALL TO ORDER AND PLEDGE OF ALLEGIANCE ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE REPORTS Staff City Council CITIZEN`S COMMENTS Little League Baseball PUBLIC HEARINGS Comprehensive Plan amendments for the annexed area of McMicken Hts. M I N U T E S TUKWILA CITY COUNCIL City Hall COMMITTEE OF THE WHOLE MEETING Council Chambers Council President Bauch called the Tukwila City Council Committee of the Whole Meeting to order and led the audience and the City Council in the Pledge of Allegiance. L. C. BOHRER, MABEL J. HARRIS, DORIS E. PHELPS, JOE H. DUFFIE, EDGAR D. BAUCH (COUNCIL PRESIDENT), CHARLES E. SIMPSON. Mayor Gary L. Van Dusen, Maxine Anderson (City Clerk), Brad Collins (Planning Director), Ross Earnst (City Engineer), Jim Haney (City Attorney), Lucy Lauterbach (Legislative Coordinator), Don Morrison (City Administrator), Byron Sneva (Public Works Director) Brad Collins, Planning Director, stated there are two new staff members in the Planning Department. Mr. Collins stated letters have been sent to business license holders in the City outlining the sign code. Violators of the sign code will be notified. Councilman Bohrer reported there will be a multi- corridor study discussion at City Hall on Tuesday at 7:00 p.m. John Schwarzmann, 16751 52nd Avenue South, Tukwila, said the Little League Baseball Team of McMicken Heights would like to have a game with the Little League Players of Tukwila. They would like Tukwila to sponsor a team. Ken Roberts, president of the McMicken Heights Franchise for South Highline Little League said 31% of the players actually live in Tukwila. A team franchise costs $150. Non league games are permissible. Brad Collins, Planning Director, explained the recommended desig- nation of "office" and the area that would be affected. Council President Bauch declared the Public Hearing open at 7:30 p.m. Tom Barghausen of Barghausen Consulting Engineers, 6625 South 190th, Kent, representing property owner Bill Markham, said he had handouts of a map showing annexation boundary for McMicken Heights action and highlighted in the northwest corner the property belonging to Mr. Markham. It is bounded by the freeway and 42nd Avenue on west side. The Exhibits marked A through G are photos. Mr. Markham has wanted to do something with this property for some time and when the area came into Tukwila it seemed to be the time to act, approach the City and talk about proper land use for the site. He said they are professional engineering and planning consultants who look at facts. They hope the Council will look at facts rather than just follow the block approach that typically occurs in a comprehensive plan prepara- tion. Uniquely, 42nd Avenue on west side of the property which is also the west boundary of the annexation seems to be a dividing line between any multi family uses east of 42nd. If you go north of Highway 18 into King County there is multi family on both sides along the freeway. There is multi- family also directly to the west across 42nd. Mr. Markham is bounded on essentially two sides, taking the freeway out of it, by multi family. The single family would be to the south and east. They would like to show through a presentation of facts that this particular site should be designa- ted other than single- family. The site can be zoned as such and the comprehensive plan can be changed so it does not create a precedence and does not affect surrounding residential properties. The action the Council would take would be consistent with the practical aspects of the property without impacting the neighborhood. Mr. Markham's property is unique in a number of ways: 1) It has only one access and that is directly to 42nd Avenue at the extreme tip of the annexation area down by the bridge where the freeway crosses over 42nd. In the Exhibit photos it shows that access TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES June 24, 1985 Page 2 PUBLIC HEARINGS Contd. Compr. Plan amendments as a truck backing out of the driveway, it is near the bottom of for annexed area of the hill and it is the only access to the site. That indicates that McMicken Hts. contd. any development, whether it is single family, multi family or whatever will have no traffic impact on this neighborhood. Access is limited to 42nd at a location which is adequate for site dis- tances. It is the sag of the hill basically. There is a thousand feet in either direction. There is no dangerous access location. 2) This is the only property that fronts on the freeway. The noise level is high, No one appreciates noise and maybe there should not be any residential development at all next to noisy freeways and airports. Typically, you will see multi family or clustered housing where you can get some screening and buffers built in adjacent to such things as freeways, rather than tradi- tional single family. It is hard to sell houses next to noisy freeways unless there is some sort of major buffer put in. In Exhibits C, F, and G it shows Mr. Markham's house, the grey building and the guard rail and you can see the relationship between the property and the freeway essentially open at that location and adjacent to each other. The noise is directly on the property and it creates a problem. Taking the noise and the access into consideration, no other parcel in the entire annexation area has those two features. This makes Mr. Markham's property in a class by itself. 3) There is the topography. The small map shows contours in the background. The site slopes down towards the freeway from the top of McMicken Heights area. Therefore, the balance of the site the site is lower than the surrounding residential neighborhood. Any development on the site should not be visible to the surrounding area. If appropriate vegetation buffers, i.e., all of the trees in the back are maintained and Mr. Markham has a nicely forested piece of property. It is ideal for cluttered housing type of development to encourage retention of existing vegetation. He is willing to preserve the buffer along the south line. The elevation falls off along here. Any develop- ment would be invisible behind the trees and down below, whether it is residential or single family. Development would not impact the surrounding residential neighborhood to the south and east. This parcel is not tied to single family neighborhood. It should be tied to the street system and the multi family neighborhood to the west and to the north where it is more closely associated in terms of physical characteristics. It is a different elevation, it has access to the arterial and has more inherent problems that would tend to detract to its suitability for single family. Some people do not want multi family east of 42nd. A lot of this has already been developed as single family neighborhoods. They do not ask for the Council to take a step here and expand multi- family rampantly south or east of 42nd. This is just one parcel on the corner that has to be looked at differently. It is not suitable for single family. Mr. Markham operates a business on his property that has been grandfathered in. It is a painting business. Mr. Markham does not want to be inconsistent with the current zoning or the comprehensive plan designation. He would like to develop his property. To put single family platting on that site is not suitable. It will not sell. He would like to have the comprehensive plan amended to allow multi family designation in this corner of the annexed area without impacting other properties and subsequently rezone it either R -4 or RMH for multi family. Councilman Bohrer said Mr. Barghausen has mentioned wanting to tie this site to the multiple family to the east and north. How far away is the multiple family to the north? Mr. Barghausen said it is north across the freeway it is within 200 300 feet. Dana Mower, Barghausen Consulting Engineers, said they have a site specific proposal to present. Mr. Barghausen has indicated a number of considerations which they believe the Council should consider when adopting the comprehensive plan in this area. There is consistency in their proposal. There is a high demand for multi family use, King County has revised to allow multi family and the property fits the criteria as to existing utilities. The property owner is willing to set back a landscaped area. The multi-family use is more appropriate than single family. RMH or R -4 is desired. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES June 24, 1985 Page 3 PUBLIC HEARINGS Contd. Compr. Plan amendments for annexed area of McMicken Hts. contd. Sd S Councilman Bohrer asked what portion in the site has an elevation equivalent to the freeway? Mr. Mower replied the elevation on the site is equivalent to the freeway only very close to the northwest corner of the property. The noise level in that area is estimated to be 75 dbs. Councilman Bohrer said basically then the freeway is above most of this entire property. Mr. Mower said the freeway is below almost all of the property. The property slopes down to the freeway. Council Member Harris said in looking at the pictures she sees three houses on the property. Mr. Mower said they are properties that are adjacent to the property on the south side. They are located on South 156th Street or what would be the continuation of South 156th. Councilman Simpson said in referring to Exhibit B, D, and E you actually have to go up to the loop to gain access to these houses. Mr. Mower said that is correct, the access is gained off 44th Avenue South of South 156th. Council Member Phelps said on the map it shows two structures on the site, one to the southwest is the paint shop and the other a residence, is that correct? Mr. Mower said the structure to the northwest would be the house and attached garage type of work area that is approximately 2,000 to 2,500 square feet in size. They are attached units. There is one single- family residence currently being lived in at present. There are some outbuildings in back. Philip N. Bastian, representing Mr. DiGiovanni, said his client's property is located at 4220 and 4230 South 164th Street. The property is located next to the intersection of 42nd South and 164th and Military Road so there is a five corner intersection and all corners at that intersection are zoned for commercial use. Mr. DiGiovanni's property is located directly to the east of the commercial zone. There is currently a restaurant in operation and to the north there is a medical building, a residence and a dental office. Directly to the east on Mr. DiGiovanni's property there is a day care center and he has plans to build an apartment building. He had been granted a PUD by King County and he has put in much of the infrastructure in preparation for the building of the apartments. The Planning staff did a study on the area and made several findings and drew some conclusions from the findings. When it spoke of the area to be changed it discussed not only the lots to the north of the commercial zone which were recommended by the Planning Commission to be changed to P -0 under the Comprehensive Plan but the Planning staff also considered changing Mr. DiGiovanni's property to P -0 as well which makes sense because he has business uses on his property just as those properties to the north of the restaurant. For some reason the Planning Commission decided the P -0 designation on Mr. DiGiovanni's would be removed and the Comprehensive Plan on his piece of property should show the low density residential. That property does not seem to make much sense as the proposal made by the staff listed these reasons: good planning often incorporates a buffer as you transcend from the commercial use to a low density residential use. A letter has been written from his office that outlines Mr. DiGiovanni's situation. Buffers are good and they should exist. The Comprehensive Plan talks about spot zoning in residential neighborhoods. The City recognizes the problem of having incompatible uses side -by -side. That is the situation we have under the proposed comprehensive plan. We have a commercial use and next door we have Mr. DiGiovanni's property which is shown as low density residential. There is no buffer. On Page 46 of the Comprehensive Plan it recommends that there be a buffer zone to protect the residences from the uses and noise and all of the other problems that come with having a restaurant or tavern on the corner of the street. Councilman Duffie asked how many units Mr. DiGiovanni is planning for his property. Mr. Mowan said it would be 21 units. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES June 24, 1985 Page 4 PUBLIC HEARINGS Contd. Compr. Plan Amendments Council Member Phelps asked the size of the property. Mr. for Annexed Area of DiGiovanni said it was 1 acre. Council Member Phelps asked what McMicken Hts. contd. the access would be. Mr. Di Giovanni said it was private access. Council Member Phelps asked if it was an improved street or a driveway to the back. Mr. DiGiovanni said half was improved and other half was not. Mr. DiGiovanni said 2/3 of the 60' right -of -way was improved to the back property. Councilman Bohrer said the letter says a building permit has been processed and improved and the statement was made that the owner has a PMUD. Mr. DiGiovanni said a building permit has been approved. It will be provided to the City at a later date. Dennis Robertson, 16038 48th South, Tukwila, said he wanted to talk about three pieces of property. The first is Mr. DiGiovanni's property. In the past citizens have been told that that property should have some kind of commercial zoning in case the day care center burnt down it could be rebuilt. Tonight we have heard there are actual plans to put up a 21 -unit apartment complex in front of it. That would be the first development that starts down that street. If you look at the lot and to the east you would see an older house with nicely kept yard but 40 years old with a trailer in the back. Older houses tend to run down and be used as rentals as soon as apartments are put in. That has been the neighborhood's thrust from the start to stop it. Everyone talks about that restaurant being a tavern when they want to imply how bad it is. It is a restaurant. The parking lot for the restaurant is on the 42nd Street side that back onto Mr. DiGiovanni's property. That is inoffensive. It is the only commercial property in the neigh- borhood. There are several offices that are already developed. No one has asked that things be torn down everyone likes Mr. DiGiovanni's day care center. We don't want to see apartments move down 164th. That has been the battle with King County. The next piece of property is the Crestview Center. All of the people who live there do not want to see Crestview turned into a commercial center. The school was built there and it was zoned single- family. If it were sold and developed as commercial property it would ruin the neighborhood. Everyone wants to see it stay single family. It would make a lovely sight for homes, it has a wonderful view. The next is the Markham property. The property to the south of the Markham property was in battle with King County. King County agreed to 42nd Avenue being the boundary that they would not develop to the east. They developed up to the other side of it. Anywhere in Tukwila we are within noise of the freeway. All of the citizens would like to see it single family. Mr. DiGiovanni, 4220 and 4230 64th, said the day care center was costly to build. The restaurant is really a tavern. Helen Peakey, 15625 42nd, said she lives in high density. If you are going to have high density across the street something will have to be done about it. The traffic is heavy on it and if you put high density on 42nd and the other side there is going to have to be provided a four -lane street. Bob Murphy, 4350 South 156th, said Mr. Markham's property and his butt together on the south side. It was said there was only one access on 42nd Avenue South. Does the map show a 30' easement off the loop road at approximately the intersection of 156th and 44th? Mr. Brad Collins, Planning Director, showed the area on the overhead. Mr. Murphy said with the development of that property and the 30' easement his concern was that the 30' easement may at some time be turned into an access road to the back. It has been proposed as a fire lane. If you look at Exhibit E if it is turned into a fire lane in due time people would start to use it. Another concern is that the property two over that is Mr. Markham's be left as single- family residence. It is part of his property. In the course of development he might want to change his mind. He agreed with Dennis Robertson on many of his statements. There is other vacant property on that loop. As things start to change this might look like a logical spot to increase density. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES June 24, 1985 Page 5 PUBLIC HEARINGS Contd. Compr. Plan Amendments for Annexed Area of McMicken Hts. contd. Rezone Property to Classify the McMicken Hts. Annex. Area. Kevin Bannion, vice president of Sea -Tac Community Council, said all people in McMicken Heights are concerned about upzoning the area. They would like to see the single family character of the annexed area. He said it sounds as if Mr. DiGiovanni is in a tough situation. He started working under one set of rules and now finds the ball game has changed its rules. He said he agreed with the comments of Dennis Robertson. Kjell Stoknes, 16117 45th Avenue South, said he was interested in the Crestview parcel. He had heard that the Highline School Dis- trict has indicated they may surplus that property. He wondered if there was any kind of designation that can be put on a property that does not tie it down today to single family or apartments or commercial, maybe an unclassified use that requires a site permit approval from the Planning Commission or the City Council. Something that can be looked at later on and see if it fits into the neighborhood because it has this landscaping, this amount of open space, it does not generate too much traffic, so it does not completely close the door for those people who are in a transition area or have a special kind of property. He wondered if those options are available. Council Member Harris said with reference to the Crestview property, the parking is difficult within the area. The building appears to be in good shape. It generates traffic on 42nd Street. It does not seem right to zone it R -1. What does the neighborhood have in mind for it? Dennis Robertson, audience, said the community likes the use that it has now. It is leased by South King County Handicapped. There has been concern that they may not stay in business. The concern is given the current zoning laws if you zone it commercial for office then once it has been zoned that whomever purchases it from Highline School District will develop it according to the zoning to their own plans. It is a beautiful piece of property with a view on top of the hill. The buildings are in good shape. It is concrete slab and the portables are metal walls. It is expensive to heat and maintain. That is one of the reasons the school chose to close it down. Council Member Harris said R -1 does not seem right for that property. Kjell Stoknes, audience, said a portion of that property is currently being leased by King County as a park. You have two uses there; you have the center and you have part of it used as a park. It is hoped the City would have a meeting with the School District before the property is surplussed and perhaps turn it over to the Park Commission or somebody to study the park demands and update the park plan before the Highline School District puts the property out to bid and it is lost to public use Dennis Robertson, audience, said he was contacted by the Highline School District and they are putting together a committee of people from different areas to study what to do with the surplus property. They feel since Highline District's declaining en- rollment has leveled out it is time to decide about the property. THERE BEING NO FURTHER COMMENTS, COUNCIL PRESIDENT BAUCH DECLARED THE PUBLIC HEARING CLOSED AT 8:40 P.M. Brad Collins, Director of Planning, showed the proposed zoning and the King County zoning. The day care center would be nonconforming under the proposed zoning. COUNCIL PRESIDENT BAUCH DECLARED THE PUBLIC HEARING OPEN AT 8:45 P.M. David Mower, Barghausen Consulting Engineers, says there seems to be confusion about access off 42nd Street. There is a 30' access off 44th Avenue and 164th; however, that 30' access easement would not meet the requirements for access under either R -1 or R -7200 which would require a minimum of 50' of dedicated right -of -way to be counted as an access. It could be considered to be an emergency vehicle access only which could easily be blocked for through traffic through what is commonly known as an entry barrier. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES June 24, 1985 Page 6 PUBLIC HEARINGS Contd. Rezone Prop. to Classify the McMicken Hts. Annex. Area contd. Gloria Pazooki, 15458 42nd Avenue South, said the freeway noise is loud at the location. There is no problem with vision. This would restrict traffic flow. This specific proposal is clear in that looking at the map this property is on a fringe area similar to the properties down on 42nd Avenue South and 164th. This property is not located in the heart of single family residential area, it is considered to be fringe area, with approxi- mately one -half of the fringe area fronting directly on SR 518. Concerning the easement, the property owner is willing to vacate that 30' easement if so required by the City. It is sub standard, easement could not be considered to be a formal access point for the property. They requested the City Council consider the adaptability and acceptability of the property. Amir Pazooki, 15458 42nd Avenue South, said he had common property with Mr..Markham's property. It will be hard for Mr. Markham to sell his property as single family. By leaving it as it is it will be a potential danger to children. He said he was for Mr. Markham's project. Bill Markham, 15436 42nd Avenue South, said he would like all of the Council Members to look at his property. It is ideal for multi property. The noise level is high. Philip N. Bastian, attorney for Mr. DiGiovanni, said the day care center is on the back part of the property. He asked that Mr. DiGiovanni's property not be downzoned. Councilman Simpson said if Mr. DiGiovanni has a building permit why is it being discussed here? Brad Collins, Planning Director, said the building permit was not completed before the annexation. Mr. DiGiovanni said a PUD drawing was approved October 29, 1975. The day care center was built in 1979. The rest of the project was approved last year. Brad Collins said building permits must be taken out in the first 12 18 months. It can be done in phases. The plans can be good for a period of time. Don Kenrudd, 4342 South 156th, said he lives next to Mr. Murphy and borders on Mr. Markham's property on the north and west. It is a beautiful park and he would not wish to see it developed. His concerns were: 1) property probably not the best for single family dwellings; 2) traffic is major concern. Access to the property should be off 42nd. There should be a buffer between the properties; 3) in looking at the property there are problems in keeping the property vacant. It is swampy, there are bogs, and it is not a good place for children to play. A development should go in there. Experts should look at the property so a right decision can be made. Frank Sicarty, 4408 South 156th, said he borders all of the properties. A buffer is needed. It is noisy. The trees act as a buffer now. Development will eliminate the trees so buffer will be needed. The access that goes through will have to be blocked off. It is hazardous because of poor drainage. Basically it is single- family there but it does not lend itself to that. He would not like to see multi family spreading in the area. Dennis Robertson, 16038 48th South, said the decision to make this multi family would be precedent setting. Mr. DiGiovanni wants 21 units put in and it is the same with Mr. Markham's request. Kjell Stoknes, audience, said it is the bulk of multi family buildings that makes it intrusive in a neighborhood of single family dwellings. Bill Markham, 15432 42nd, said he would like the City Council to come and look at the property. He would give a 30' easement. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES June 24, 1985 age 7 PUBLIC HEARINGS Contd. Rezone Property to Classify the McMicken Hts. Annex. Area contd. RECESS 9:30 9:40 P.M. OLD BUSINESS Approval of Minutes: May 28, 1985 w /verba- tim attachments June 10, 1985. NEW BUSINESS Prop. Ord. accepting transfer of 6 water meters services to single- family resi- dents on 55th Ave. S. S. 140th from Wtr. Dist. #125. Authorize Public Wks. to purchase equipment on State Bid 2 -ton roller for Equipm. Rental Dept. Prop. Res. adopting 6 -year Transportation Improve. Prog. Prop. Ord. to raise maximum limit on income for sr. citi- zens disabled to qualify for reduced wtr. and sewer rates. Prop. Res. fixing time for Pub. Hrg. on petition for vacation Maule Ave. from S. 143rd to 58th Ave. S. MICELLANEOUS July Retreat s� I7 Council Member Phelps asked what Tukwila zoning would be approp- riate for Mr. Markham's property. Mr. Markham said RMH and R -4, it is R -7200 now. The property is set in a bowl and in the surrounding area you would not even see the tops of the buildings. There being no further comments from the public, COUNCIL PRESIDENT BAUCH CLOSED THE PUBLIC HEARING AT 9:30 P.M. MOVED BY BOHRER, SECONDED BY DUFFIE, THAT THE COMPREHENSIVE PLAN AMENDMENTS AND REZONE PROPOSAL TO CLASSIFY MCMICKEN HEIGHTS ANNEXATION AREA BE ON THE AGENDA OF A FUTURE COUNCIL MEETING AT THE DISCRETION OF THE COUNCIL PRESIDENT. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. The Committee of the Whole Meeting w:as called back to order by Council President Bauch, with Council Members present as previously listed. MOVED BY HARRIS, SECONDED BY SIMPSON, THAT THE MINUTES OF THE COMMITTEE OF THE WHOLE MEETINGS HELD MAY 28, 1985 WITH VERBATIM ATTACHMENTS AND JUNE 10, 1985 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY SIMPSON, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE ON THE AGENDA OF THE NEXT REGULAR MEETING OF THE COUNCIL. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PURCHASE OF EQUIPMENT BE PLACED IN THE TRANSPORTATION COMMITTEE. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE ON THE AGENDA OF A REGULAR COUNCIL MEETING. MOTION CARRIED. MOVED BY SIMPSON, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE ON THE AGENDA OF A REGULAR MEETING OF THE COUNCIL. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE PLACED IN THE TRANSPORTATION AND UTILITIES COMMITTEES JOINTLY PRIOR TO THE PUBLIC HEARING. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE DATE OF JULY 22 BE SET AS DATE OF PUBLIC HEARING. *MOTION WITHDRAWN, WITH APPROVAL OF SECOND. Prop. Ord. fixing amt. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE of compensation for BE ON THE AGENDA OF THE NEXT REGULAR COUNCIL MEETING AND THE City Council Members. AMOUNT BE SET AT $400 /MONTH FOR CITY COUNCIL MEMBERS. MOTION CARRIED. Council President Bauch said a date should be set for the July Retreat and whether it will be Council Members only or held jointly with Mayor and City Administrator. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES June 24, 1985 Page 8 MISCELLANEOUS Contd. July Retreat It was determined the Retreat would be held on July 27, 1985 contd. with Council Members only. A joint Retreat would be held at a later date. ADJOURNMENT 10:30 P.M. MOVED BY HARRIS, SECONDED BY SIMPSON, THAT THE COMMITTEE OF THE WHOLE MEETING ADJOURN. MOTION CARRIED. dv6/ ,0#() 1 Edgar D. auch, Council President Notrma Booher, Recording Secretary