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HomeMy WebLinkAboutRes 0975 - Unclassified Use Permit for Biotower Filter System RESOLUTION NO. 975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING AN UNCLASSIFIED USE PERMIT FOR THE CONSTRUCTION OF A BIOTOWER FILTER SYSTEM BY THE SEATTLE RENDERING WORKS, CITY FILE NO. 85- 22 -UUP. WHEREAS, Seattle Rendering Works, Inc., has filed an application with the City Planning Department for an Unclassified Use Permit to construct a biotower filter system on the applicant's property located at 5795 South 130th Place, Tukwila, Washington to replace an existing anaerobic filter system, which is failing at the present time, and WHEREAS, pursuant to the provisions of Section 18.66.050 of the Tukwila Municipal Code, the City Planning Commission held a public hearing to consider the permit application, and at the conclusion of said hearing adopted Findings and Conclusions contained in the City of Tukwila Planning Division Staff Report to the Planning Commission regarding the permit application, and recommended approval of an Unclassified Use Permit for the proposed project, and WHEREAS, pursuant to Section 18.66.050, the City Council considered the permit application at a regular City Council meeting on,September 16, 1985, and determined to adopt the Findings and Conclusions contained in the staff report with the exception of deleting the word "significant" from condition 1 of the recommendation set forth on page 7 of the staff report and determined to approve the permit application subject to certain terms and conditions, and WHEREAS, the City's SEPA Responsible Official has issued a mitigated Determination of Nonsignificance for the project, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 0 Section 1. Findings, Conclusions and Recommended Conditions Adopted. The City Council does hereby concur with and adopt the Findings, Conclusions and Conditions set forth in that certain document entitled "City of Tukwila Planning Division Planning Commission Staff Report" as modified and attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full. Section 2. Unclassified Use Permit Approved. Approval is hereby given by the Tukwila City Council for the issuance of an Unclassified Use Permit for Seattle Rendering Works, Inc. to construct a biotower filter system on its property located at 5795 South 130th Place, Tukwila, Washington, as shown on drawings submitted with the application, City File No. 85- 22 -UUP, subject to the conditions of approval set forth on Exhibit A to this resolution. RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of 1985. CITY OF TUKWILA BY CO 4%ESIDENT, EDGAR D. BAUCH ATTEST /AUTHENTICATED: �CLE MAXINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY FILED WITH THE CITY CLE6 9 -/0 9.5 PASSED BY THE CITY COUNCIL: F -16 -85 FiR sT PUBEieATie?i: RESOLUTION NO: 2 EXHIBIT A CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT AGENDA ITEM 85- 22 -UUP: SEATTLE RENDERING WORKS INTRODUCTION Seattle Rendering Works, Inc., is located at 5795 South 130th Place in the M -1 (Light Industrial) zone. The existing anaerobic filter system of the rendering plant is failing and requires replacement. The applicant proposes installation of two 342 -foot high and approximately 23 -foot diameter filtration towers and approximately 21 -foot pumping facilities. This requires an unclassified use per- mit per TMC 18.66.020(1). FINDINGS 1. The subject site is essentially level and lies along the Duwamish River and adjacent to a railroad main track. A ground level anaerobic f i l t e r l i e s in the approximate middle of the property and drains to multiple drainfields bet- ween the filter and the river (Exhibit A). 2. TMC 18.66.020(1 stipulates that processing of animal byproducts require an unclassified use permit. The proposed above ground filter system is an expan- sion of the rendering plant's physical facilities, and therefore, requires an unclassified use permit per the review criteria of TMC 18.66.060. Since the subject site is located in the Board of Architectureal Review jurisdiction and the Interurban special Review area, the additional review criteria of TMC 18.60.050 and 18.60.060 also apply. 3. The attached letters from IPEC Consultants, Inc. and the State Department of Ecology (Exhibits B and C) outline the deterioration of the existing anaerobic filter which requires repair or replacement. After evaluating alternative systems and repair of the existing system, the applicant selected the propo- sal. In two stages the 342 -foot high and about 23 -foot diameter filter towers will be erected on and adjacent to the existing filter system (Exhibits D E). Waste water from the rendering plant will be sprayed into the cooling towers, which will be open to the air, and drawn through the filters into the sump pump mechanism and out to the existing drain fields. This will increase pro- cessing of waste water beyond the capacity of the existing filter. 4. The proposal lies outside of the shoreline management environment of the Duwamish River, therefore a Shoreline Management substantial development per- mit is not required. Page -2- Planning Commission 85- 22 -UUP: SEATTLE RENDERING WORKS July 25, 1985 5. Information has not been provided relative to the color(s) of the tanks and equipment or landscaping around the proposal. 6. A mitigated determination of non significance was issued for the proposal July 24, 1985, per the State Environmental Policy Act (EPIC- 275 -85) subject to con- ditions. The specific conditions will be available at the public hearing. Because the determination has not been finalized 15 days prior to the public hearing, the Planning Commission and BAR cannot take final action on the pro- posal (SEPA Ordinance No. 1334). The staff's Environmental Review process resulted in the following concerns and recommendations for inclusion in the determination and this report: A. Set up a written operation and test procedure for the drain fields which contains as a minimum: 1. Procedures for transfering effluent from drain field to drain field with the maximum time for operation of any one field and a minimum rest time between uses of the field. Also, include the position description of the responsible individual. 2. Locate a minimum of 4 test wells which will be used to sample ground water for contamination. Each location will be sampled a minimum of twice per year. AT least one of the samples will be taken at high tide during the period of high ground water. B. Meet the requirements of the Department of Ecology permit, when issued. C. Meet the requirements of RCW 90 -48 in regard to the on site waste disposal system until the DOE permit is issued. D. Connect to the sewer system if the drain fields fail and are not repairable. E. Connect to the sewer system when the system is extended, in accordance with the Tukwila Municipal Code. F. No significant increase in odor from the filter system. CONCLUSIONS 1. Unclassified Use Permit Review Criteria: A. Criteria TMC 18.66.060(1): "The proposed use will not be materially detrimental to the public welfare or injurious to the property or impro- vements in the vicinity." Page -3- Planning Commission 85- 22 -UUP: SEATTLE RENDERING WORKS July 25, 1985 The proposed filter system will not likely produce "material detriment" to other properties in the vicinity or to the City in general since the existing deteriorating filter system is in need of repair /replacement. However, staff is concerned that the uncapped /unenclosed filter towers may produce odors if a power failure or other breakdown should occur. B. Criteria TMC 18.66.060(2): "The proposed use shall meet or exceed the same standards for parking, landscaping, yards and other development regulations that are required in the district it will occupy." Additional parking is not required per TMC 18.56.050. Required building setbacks and building height regulations are met per TMC 18.50.020. Sufficient existing landscaping exists to meet the landscaping require- ments of TMC 18.52.020. However, TMC 18.52.030 (Special landscape requirements) appears to require a "solid planting screen within a 10 -foot wide landscape strip with a height of 5 to 8 feet or the construction of a decorative fence..." since the M -1 industrial zone is located adjacent to the westerly R -A agricultural zone. (The R -A zone is interpreted to be a single family use district.) Therefore, it appears that additional landscaping may be necessary along the southerly, northerly and westerly boundaries of the new filter. C. Criteria TMC 18.66.060(3): "The proposed development shall be compatible generally with the surrounding land uses." The development is established and the filter is only an addition. D. Criteria TMC 18.66.060(4): "The proposed use shall be in keeping with the goals, objectives, and policies of the Comprehensive Land Use Policy Plan." Objective 5, p. 28, encourages improvement of the quality of the air in the City. Therefore, the design of the filter systems should include either total enclosure or sufficient assurances that odor will not be created. Policies 3, 4 and 5, p. 61, encourage consideration of aesthetics and promotion of renovation of less aesthetically pleasing areas. Softening of the visual impact of the proposed filter towers appears appropriate in terms of color and screening by landscaping. This would be especially appropriate relative to the westerly and northerly public golf course facility, and westerly and northerly residential areas. E. Criteria TMC 18.66.060(5): "All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located." Page -4- Planning Commission 85- 22 -UUP: SEATTLE RENDERING WORKS July 25, 1985 The unenclosed design of the filter systems creates the real potential for odors impacting the area during a breakdown and /or normal operations of the system. The utilitarian design of the towers and filter system without visual screening contributes to the visual impact of the ren- dering plant on the area. Therefore, measures should be taken to totally enclose the filtration system and screen the system via landscaping from adjacent properties. Evergreen trees of 21 to 3 inch caliper at a maxi- mum of 30 foot spacing should be planted along the westerly and northerly portion of the most westerly driveway to screen the existing filter system. 2. Board of Architectural Review guidelines: A. Criteria TMC 18.60.050(1): Relationship of Structure to Site Adequate pedestrian circulation is provided on site in the existing dri- veways. However, additional landscaping appears appropriate along the westerly and northerly margin of the most westerly driveway in order to accomplish transition with the adjacent properties. The "height and sca- le" of the proposed filter system appears consistent and harmonious with the other structures of the rendering plant. B. Criteria TMC 18.60.050(2): Relationship of Structure and Site to Adjoining Area. The utilitarian and industrial appearance of the proposed filtration system is a departure from the existing "texture, lines, and masses" of the rendering plant. While this departure is not significant relative to the rendering plant itself, it is significant relative to the westerly and northerly properties. The industrial design may not be adequately compatible with these properties. As mentioned earlier, additional landscaping is necessary along the westerly and northerly portion of the site to accomplish reasonable tran- sition to adjacent westerly properties. C. Criteria TMC 18.60.050(3): Landscape and Site Treatment The proposal contains no landscaping beyond existing vegetation. This does not appear to "...enhance architectural features, strengthen vistas and important access... The landscaping recommended earlier should be implemented. Exterior illumination was not included on the submitted plans, but could soften the utilitarian and industrial design of the proposal and con- sequent visual impact during the hours of darkness. Therefore, any exterior illumination should be returned to the BAR for approval. Page -5- Planning Commission 85- 22 -UUP: SEATTLE RENDERING WORKS July 25, 1985 D. Criteria TMC 18.60.050( Building Design The utilitarian and industrial nature of the proposed design increasing the overall impact of the use on the surrounding non industrial land uses. While the scale of the proposal is generally compatible with that of surrounding development, the proposed design may not be harmonious with adjacent westerly and northerly developments, which are mostly resi- dential and public. Colors of the proposal were not submitted, but staff recommends that the proposal be painted a muted earth tone in order to soften the overall visual impact of the proposal. The "mechanical equipment or other utility hardware" of the facility are not proposed to be screened from view. As recommended earlier, addi- tional landscaping is necessary to accomplish this screening. The design of the facility is not monotonous but is an intricate rela- tionship of divergent forms and design subelements. E. Criteria TMC 18.60.060(4)(a): Proposed development design should be sen- sitive to the natural amenities of the area. Adjacent to the subject site are the natural amenities of the Duwamish River and public golf course. Increasing the industrial development of the rendering plant is questionably sensitive to these existing ameni- ties. The proposed filtration system consists of simple forms of a straightforward industrial and utilitarian design which may not be har- monious with the Duwamish River environment and public golf course faci- lity. F. Criteria TMC 18.60.060(4)(b): Proposed development use should demonstrate due regard for the use and enjoyment of public recreational areas and facilities. Increasing the capacity of the filtration system via the proposal may increase the potential for increased odor emissions which does not "...demonstrate due regard for the use and enjoyment..." of the Duwamish River environment and nearby public golf course. Instead of the propo- sal, perhaps a lower profile filtration system which matches the capacity of the existing filtration system could be utilized. G. Criteria TMC 18.60.060(4)(c): Proposed development should provide for safe and convenient on site pedestrian circulation. Existing accessways on the subject site provide for adequate pedestrian circulation. Page -6- Planning Commission 85- 22 -UUP: SEATTLE RENDERING WORKS July 25, 1985 H. Criteria TMC 18.60.060(4)(d): Proposed property use should be compatible with neighboring uses and complimentary to the district in which it is located. The proposal is questionably "...compatible with neighboring uses..." which are the Duwamish River environment, single family land uses and the public golf course. Additional odors beyond that already experienced is potential as a result of the design of the facility and the increased capacity of the system. The recommended total enclosure of the filtra- tion system would contribute to reducing the odors from the plant. However, perhaps additional study is necessary to ensure that odors will not be created by the proposed filtration system. I. Criteria TMC 18.60.060(4)(e): Proposed development should seek to mini- mize significant adverse environmental impacts. Impacts associated with the proposal have been mentioned in terms of increased potential odor and aesthetic considerations. The proposal addresses the deterioration of the existing filtration system and the economic considerations of the applicant. While understandable, the pro- posed new filtration system is a utilitarian approach which potentially increases the odor problem and may increase the visual impact of the existing industrial facility. The recommendations herein lessen the overall impact of the proposal, but other measures may be necessary to constitute substantial efforts to "...minimize significant environmental impacts." J. Criteria TMC 18.60.060(4)(f): Proposed development should demonstrate due regard for significant historical features in the area. Historical features in the area are the westerly and northerly Foster Golf Links (Foster Family Homestead) facility, the easterly railroad facility and the rendering plant itself. Over the years odors have been generated by this facility. The recommended conditions help soften the impacts of the proposal and the industrial nature of the rendering plant. However, additional design considerations may be appropriate to more substantially demonstrate "due regard" for the public facility. 3. Consideration of the unclassified use permit application includes the primary issue of whether or not the proposed new filtration system represents an increase in the existing rendering plant facility, and if so, whether or not the increase is appropriate. Staff is concerned that the additional above- ground improvements of the two filtration towers and accessory equipment represents an addition beyond existing structures and facilities, that could substantially impact the rendering plant operation and surrounding areas, par- ticularly the northerly and westerly residential areas and public golf course. The potential exists that the new filtration system could increase the ren- dering plant production capacity beyond that of the existing filter system, Page -7- Planning Commission 85- 22 -UUP: SEATTLE RENDERING WORKS July 25, 1985 however, the principle concerns are the potential odor emissions, adequacy of the existing drainfields serving the system, and the design impacts on surrounding development. Mitigation measures have been suggested to address these concerns and enable approval of the proposal. "CONDITIONS" Based on the above, the City Council authorizes the unclassified use permit to be approved subject to: 1. No significant increase in odor from the filter system shall occur. 2. Landscaping be planted along the riverbank along the westerly and northerly portion of the property consisting of 22 to 3 inch caliper evergreen trees planted to fill gaps in existing vegetation. 3. Set up a written operation and test procedure for the drain fields which contains as a minimum: A. Procedures for transfering effluent from drain field to drain field with the maximum time for operation of any one field and a minimum rest time between uses of the field. Also, include the position description of the responsible individual. B. Locate a minimum of 4 test wells which will be used to sample ground water for contamination. Each location will be sampled a minimum of twice per year. AT least one of the samples will be taken at high tide during the period of high ground water. 5. Meet the requirements of the Department of Ecology permit, when issued. 6. Meet the requirements of RCW 90 -48 in regard to the on site waste disposal system until the DOE permit is issued. 7. Connect to the sewer system if the drain fields fail and are not repairable. 8. Connect to the sewer system when the system is extended, in accordance with the Tukwila Municipal Code. 9. No expansion of rendering product operations. EXHIBITS A Site plan B Letter of February 15, 1985, from IPEC USA. Page -8- Planning Commission 85- 22 -UUP: SEATTLE RENDERING WORKS July 25, 1985 C Letter of April 5, 1985, from State Department of Ecology D Plan of filter system E Plan and elevations of filter system (RENDER,RENDER3) (5A.2)