HomeMy WebLinkAboutRes 1229 - Deny Request for Nine Tallow Tanks Installation by Pacific Engineering ILA,.�
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1908
C ity
Washington
Resolution No. 1229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, DENYING THE REQUEST
BY PACIFIC ENGINEERING ON BEHALF OF BAKER
COMMODITIES, INC. FOR THE INSTALLATION OF
NINE TALLOW TANKS AT 5795 SOUTH 130TH PLACE;
TUKWILA, WASHINGTON.
WHEREAS, Richard Tomkins of Pacific Engineering Company made application on
behalf of Baker Commodities, Inc. for an Unclassified Use Permit pursuant to TMC 18.66, to
install nine tallow storage tanks at an animal rendering facility located at 5795 South 130th Place
in the City of Tukwila, as described in Department of Community Development File No. L92-
0010, and
WHEREAS, a Mitigated Determination of Non significance was issued on April 8, 1992
and was not appealed, and
WHEREAS, on April 23, 1992, the Tukwila Planning Commission held a public hearing
on this application, considered the application with respect to the Unclassified Use Criteria
(TMC 18.66.060), and recommended Tukwila City Council approval of the permit, and
WHEREAS, the Tukwila City Council scheduled a public hearing for this application on
July 13, 1992, which was continued by mutual agreement of the parties to September 14, 1992,
and
WHEREAS, on September 21, 1992, the City Council opened the record to receive
additional information and then deliberated on the accumulated record, the Tukwila
Comprehensive Plan, the Zoning Code and the recommendation of the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
1. The application for an unclassified use permit for the installation of nine tallow tanks is
denied based on the following Findings:
Findings
A. Testimony arguing that the tallow tanks will not contribute to air (odor) pollution is
not credible. Assurances of odor elimination upon approval of two previous applications
for facility improvements were given by essentially the same parties. However, for
whatever engineering or operational reasons, the facility continues to generate a high
level of obnoxious odor to date. No reasonable council member could be expected to
believe such assurances of no odor impacts a third time,
B. The tallow tanks individually and as an integral part of facility operations, contribute
to the obnoxious odors being generated. The tanks are thus not generally compatible
with the surrounding residential areas to the northeast (Skyway) and northwest (Foster
Point), the golf course to the west, and businesses to the southwest. This compatibility is
required in Unclassified Use Criteria No. 3 (TMC 18.66.060),
C. The continued generation of obnoxious odors makes addition of the tallow tanks or
enlargement of the facility in any way, in conflict with the following Comprehensive
Plan, Commerce/Industry Element objectives and policies:
Objective 1 (Pg. 60) "Encourage a smooth, steady and planned growth of the business
community."
Policy 1 (Pg. 60) "Encourage the grouping of uses which will mutually and
economically benefit each other or provide necessary services."
Facility expansion would be detrimental to surrounding businesses since
this would encourage the continuation of a facility which generates a high
level of obnoxious odors.
Policy 2 (Pg. 60) "Allow for the location of new commercial and industrial
areas and the expansion of existing ones when this expansion is compatible with
surrounding land use and not detrimental to the public welfare."
The historic generation of obnoxious odors and the anticipated
continuation in the future makes the facility detrimental to the surrounding
uses and the public, based on public testimony, the public record, and
personal observations.
Policy 5 (Pg. 61) 'Promote renovation of areas which are not aesthetically
pleasing."
Adding the proposed tanks does not promote the renovation of an
aesthetically non pleasing facility. It would have a significant negative
aesthetic impact on surrounding residences and golf course.
Objective 2 (Pg. 62) "Provide adequate opportunity for industrial and warehouse uses."
The facility expansion would inhibit the growth of warehouse and
industrial areas.
Policy 1 (Pg. 62) "Discourage the locating of hazardous industries or those
emitting pollutants in excess of acceptable standards." (Pg. 62)
Policy 2 (Pg. 63) Encourage uses which are supportive to industrial and
warehouse uses to locate in or near such activities."
The facility does not attract uses envisioned by the City in this area.
Encouraging facility expansion would be in conflict with this policy.
and
D. The facility engages in an activity which is an unclassified use, was legally
established prior to adoption of Zoning Code amendments in 1982, has no unclassified
use permit per TMC 18.66 and testimony substantiating that it generates a significant
level of obnoxious odors.
Based on the foregoing Findings of Fact, the City Council hereby enters the following
conclusions:
The Council concludes that the proposed tallow tank expansion fails to satisfy three of
the five Unclassified Use Criteria in TMC 18.66.060 as discussed below:
A. The tanks and facility expansion will be detrimental to the public welfare and
injurious to property and improvements in the vicinity due to the anticipated odors
generated and by enhancing a facility which generates a high level of obnoxious odors
(TMC 18.66.060(1)).
B. The tanks and facility expansion are not compatible with surrounding land uses due to
the anticipated odors generated and by enhancing a facility which generates a high level
of obnoxious odors (TMC 18.66.060(3)).
C. The tanks and facility expansion would not be in keeping with the goals, objectives
and policies of the Comprehensive Land Use Policy Plan (TMC 18.66.060(4)).
2. The City Council further resolves and concludes that the facility is currently a legally
non conforming use, and that installation of the proposed tallow tanks would be an
enlargement of an existing legally non conforming use which is prohibited in TMC
18.70.040(1). This is based on Finding D, above.
PASSED BY THE CITY COCII, OF THE ITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this Ic7 day of 1992.
Allan Ekberg, Council Presicn
ATTEST /AUTHENTICATED:
j e E. Cantu, City Clerk
APPROVED AS TO FORM:
�Y mo%
OFFICE OF CTTY ATTORNEY:
Filed with the City Clerk: A4'
Passed by the City Council: /J
Resolution Number 1,?Z 9