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Home My WebLink AboutLUA99-181 02/16/00 17:18 FAX 10 002/002 VOA_ ads rQ � PERKINS COTE LU' 1201 THIRD AVENUE,SUITE 4800•SEATTLE,WASHINGTON 98101-3099 - CITY pF RENT NER Tt.l.EPI•IoNE:206 583-8888-FAcsIMILE:206 583-8500 �1EARING EXAi� Ln u N-WHiTAxsIL 20d-583-8584 WEITTL l@l PBRIceN5COIE. February 16, 2000 Via Facsimile Mr. Fred J. Kaufman Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98055 Re: Appeal of Administrative Decision to Deny Parking Modification Request, File No. LUA-99156, SA-A, CCF Dear Mr. Kaufman: Please be aware that the City of Renton and Seattle Packaging have successfully negotiated a Parking Covenant to ensure adequate on-site parking for • Seattle Packaging's new Renton facility. On that basis, the City has approved a revised parking modification for the project and we withdraw our appeal (filed December 17, 1999) of the City's original parking modification decision. Thank you for your help and please contact me if you have any questions. Sincerely, n l lA9 /�/("1 .7/14- t Laura N. Whitaker Attorney for Seattle Packaging LNW:fd cc: Larry Warren, Esq. Ms. Lesley Nishihira Jack Alkire, Esq. (Via fax) [23487-0002/SL003684.001] • ANCHORAGE OELLEVUE: ROISR DENVER HONG ICONG LOS ANGELES MENLO PARK OLYMPIA PORTLAND 5AN FRANCISCO SEA'ITLE• SPOKANR. TAIPEI WASHINCTON,D.C. STRATEGIC ALLIANCE:RUSSELL G DuMOULIN,'ANCOUVER,CANAOA 0 $I6E O1E PERKINS COIE LLP ''� LU`' 1201 THIRD AVENUE, SUITE 4800•SEATTLE,WASHINGTON 98101-3099 CITY OF RENTON TELEPHONE: 206 583-8888•FACSIMILE: 206 583-8500 HEARING EXAMINER ry LAURA N.WHITAKER 206-583-8584 WHITL R@PERKINSCOIE. January 27, 2000 Via Facsimile & Regular Mail Mr. Fred J. Kaufman Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98055 Re: Continuance of February 1, 2000 Appeal Hearing of Administrative Decision to Deny Parking Modification Request, File No. LUA-99156, SA-A, CCF Dear Mr. Kaufman: This letter is to confirm that the hearing in the above-referenced matter, which is currently set on February 1, 2000, is continued until a future date. All parties anticipate resolution of this matter in the near future without the necessity of a hearing. We do, however, wish to reserve our right to set a hearing at a later date should one be necessary. We will formally withdraw our appeal upon this matter's successful resolution, which we anticipate to be formalized by February 4, 2000. Thank you for your help and please contact me if you have any questions. Sincerely, 460/it,A. 1\) (106t;c41, IA-- Laura N. Whitaker Attorney for Seattle Packaging LNW:fd cc: Larry Warren, Esq. Ms. Lesley Nishihira Jack Alkire, Esq. (Via fax) [23487-0002/SL003677.604] ANCHORAGE BELLEVUE BOISE DENVER HONG KONG LOS ANGELES MENLO PARK OLYMPIA PORTLAND SAN FRANCISCO SEATTLE SPOKANE TAIPEI WASHINGTON,D.C. STRATEGIC ALLIANCE: RUSSELL&DuMOULIN,VANCOUVER, CANADA NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON An Appeal Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the 7th floor of City Hall, Renton, Washington, on February 1,2000 at 9:00 AM to consider the following petition: SEATT E PACKAGING AAD 99= Appeal`o fie-C—ity"s administrative decision to deny parking modification request, File No. LUA-99-156,SA-A,ECF, for the SeaPack Centre project. Location: 1000 SW 43rd St. All interested persons to said petitions are invited to be present at the Public Hearing. Questions should be directed to the Hearing Examiner, 425-430-6515. Publication Date: January 21, 1999 Account No. 51067 aadpub AFFIDAVIT OF PUBLICATION Charlotte Ann Kassens first duly sworn on oath states that he/she is the Legal Clerk of the SOUTH COUNTY JOURNAL 600 S. Washington Avenue, Kent, Washington 98032 a daily newspaper published seven (7) times a week. Said newspaper is a legal newspaper of general publication and is now and has been for more than six months prior to the date of publication, referred to, printed and published in the English language continually as a daily newspaper in Kent, King County, Washington. The South County Journal has been approved as a legal newspaper by order of the Superior Court of the NOTICE OF APPEAL HEARING State of Washington for King County. RENTON HEARING EXAMINER RENTON,WASHINGTON The notice in the exact form attached, was published in the South County An Appeal Hearing will be held by the Journal (and not in supplemental form)which was regularly distributed to the subscribers Renton Hearing Examiner at his regular meeting in the Council Chambers on the during the below stated period. The annexed notice, a 7th floor of City Hall. Renton. Washington, on February 1,2000 at 9:00 AM to consid- Seattle Packaging - AAD-99-1 81 er the following petition: SEATTLE PACKAGING AAD-99-181 as published on: 1/21/00 Appeal of the City's administrative decision to deny parking modification request, File No. LUA-99-156,SA-A,ECF, for the The full amount of the fee charged for said foregoing publication is the sum of $31.63, SeaPack Centre project. Location: 1000 charged to Acct. No. 8051067. SW 3rd St. Alll interested persons to said petitions are invited to be present at the Public Legal Number 7110 Hearing. Questions should be directed to the Hearing Examiner,425-430-6515. Publication Date:January 21,2000 Published in the South County Journal January 21,2000.7110 Legal Clerk, S u County Journal Subscribed and sworn before me on this day of , 2000 � ..., ram Y.'v tor4/4 a Q U —a— — Notary Public of the State of Washington ALF3�,c, : residing in Renton � � FC 2 o •:o : King County, Washington ? • . 6.: 2 * • °�•.•-• 4$f OF RENTON Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman December 28, 1999 Ms. Laura N. Whitaker Perkins Coie 1201 Third Avenue, 49th Floor Seattle, WA 98101-3099 Re: Administrative Appeal by Seattle Packaging re Parking Modifications Appeal File No. LUA99-181,AAD Dear Ms. Whitaker: We received your appeal dated December 17, 1999, and the hearing will be scheduled for Tuesday, February 1,2000, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall Should you have any further questions,please contact this office. Sincerely, Fred J. Kaufm Hearing Examiner FJK:mm cc: Mayor Jesse Tanner Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Gregg Zimmerman Leslie Nishihira 1055 South Grady Way - Renton, Washington 98055 - (425)430-6515 PERKINS COTE LLP 1201 THIRD AVENUE, 48TH FLOOR•SEATTLE,WASHINGTON 98 1 0 1-3099 TELEPHONE: 206 583-8888•FACSIMILE: 206 583-8500 December 17, 1999 Via Facsimile &Regular Mail Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98055 Re: Appeal by Seattle Packaging of Administrative Decision to Deny Parking Modification Request, File No. LUA-99156, SA-A, CCF Dear Mr. Examiner: On December 7, 1999, the Administrator of the Planning/Building/Public Works Department signed a decision ("City Decision," attached at Exhibit A) denying a parking modification request by Seattle Packaging("SeaPack's Request") for its proposed new facility at the northeast corner of Oakesdale Avenue SW and SW 43r 1 Street in Renton. Please consider this letter to be an appeal of the City Decision. At the outset, it is important to note that we are in ongoing discussions with the City to address its parking concerns and have reason to believe that this issue will be resolved outside of the appeal process. Should it be necessary to pursue the appeal, however, its basis is summarized below: 1. Parking proposed for SeaPack's new Renton facility meets or exceeds all criteria for parking modification established by the Renton Code. As the City Decision indicates, "It is recognized that the proposed parking for the site would be adequate for the current intended use of the property by SeaPack Centre." City Decision at 4. This conclusion is supported by SeaPack's Request, a Parking Study prepared by TRANSPO, and the City's own determinations (also set forth in the City Decision) that SeaPack's Request meets all parking modification criteria established by the Code. The sole basis for the City's decision to deny SeaPack's request is its concern that future users of the SeaPack Property may require more parking than the SeaPack operation. The use of the site by future users is not a parking modification criterion; indeed, one of the criterion emphasizes that the [09901-0001/SB993510.230] ANCHORAGE BELLEVUE DENVER HONG KONG LOS ANGELES MENLO PARK OLYMPIA PORTLAND SAN FRANCISCO SEATTLE SPOKANE TAIPEI WASHINGTON, D.C. STRATEGIC ALLIANCE:RUSSELL&DuMOULIN,VANCOUVER,CANADA December 17, 1999 Page 2 required showing is limited to "the use and situation intended." See, City Decision at 4. The City's Decision is based on criteria other than those established by Code and should be reversed. 2. Seattle Packaging can mitigate any perceived adverse parking effects. Seattle Packaging's site is benefited by a reciprocal easement agreement that, among other things, provides for transitory truck parking on an adjacent parcel, a right that will ensure that vehicular parking stalls are not used by trucks during loading and unloading. In addition, Seattle Packaging will add to its proposal an agreement to submit monitoring reports to the City on a periodic basis to confirm that employee counts do not exceed those projected in the TRANSPO Parking Study. For the reasons set forth above, the City's Decision to deny SeaPack's Request should be reversed. I enclose the City's filing fee of$75.00. Respectfully submitted, ile/44% /V al -9 Laura N. Whitaker LNW:jcm Enclosure cc: Mr. Gregg Zimmerman Ms. Lesley Nishihira Jack Alkire, Esq. [09901-0001/SB993510.230] 12/17/99 C IT OF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator • December 7, 1999 Ms.Laura Whitaker Perkins Coie LLP 1201.Third Avenue, Suite 4800 • Seattle, Washington 98101-3099 • SUBJECT: PARKING MODIFICATION REQUEST—SEAPACK CENTRE,FILE NO. LUA-99156,SA-A,ECF • Dear Ms. Whitaker: • We have reviewed the submitted parking modification request (copy attached) pertaining • to the SeaPack Center, and our evaluation and decision follow. • Summary of Request • The applicant, Seattle Packaging Corporation, has requested a modification from section 4-4-080F10e of the City's Parking Regulations in order to provide less than the minimum • number of on-site parking spaces required by code. The subject site is currently utilized by Seattle Packaging for the manufacturing of cardboard boxes. As part of renovations proposed under the site plan application referenced above, modifications to parking areas are proposed. The applicant would like to provide 245 parking spaces for the site —65 spaces fewer than the minimum number required for manufacturing and warehouse space of this size. A modification request was submitted with the site plan application. • Section 4-4-080Fd allows the Administrator to grant modifications from the parking • • standards for individual cases provided that the modification meets the following criteria (pursuant to RMC 4-9-250D2): • a. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; and b. Will not be injurious to other property(s) in the vicinity; and • c. Conform to the intent and purpose of the Code; and d. Can be shown to be justified and required for the use and situation intended; and • e. Will not create adverse impacts to other property(ies) in the vicinity. EXHIBIT A Document2\cor • 1055 South Grady Way- Renton, Washington 98055 • • • • December 7, 1999 Page 2 • • Background • • The subject proposal.would result in the construction of new warehouse, manufacturing - and'supporting office space, including a 38,100 square foot building addition on the south side of the structure and a 3,840 square foot infill of the railroad spur in the center • of the building. The property is located in the Medium Industrial (IM) zone and is currently developed with an existing warehouse type structure, along with supporting utilities, parking, and landscape improvements. The proposal includes revisions to the existing parking areas, which would result in a decreased number of parking stalls than the amount that currently exists. At present, a total of 269 parking spaces exist within the boundaries of the site. The proposed renovations would eliminate 66 stalls on the south side of the building and would create 47 new stalls on the north side of the building, resulting in a new total of 245 on-site parking spaces. Section 4-4-080F of the parking regulations require the provision of a specified number • of parking spaces based on the specific use of the site. Based on the applicant's parking analysis, the building contains approximately 150,971 square feet of manufacturing space and 237,936 square-feet of warehouse space—requiring a total of 310 parking spaces to be provided on-site. Because the proposed number of stalls is 65 spaces fewer than the minimum number of spaces required by code, the applicant has included a parking modification request and parking study with the site plan application. • The approval of the parking modification will be required as a condition of approval for the proposed site plan. In the event the modification request is not approved, the applicant will be required to comply with the parking regulations by either modifying the site plan, or by establishing alternative arrangements (e.g., off-site or shared parking agreements). The satisfaction of this requirement will be necessary prior to the issuance of building permits. • • • Analysis 1.) Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon . sound engineering judgment. A parking study for the SeaPack Centre. prepared by the.Transpo Group, was subrr tted • • with the site plan application. The parking analysis provided in the study indicates that the square footage for office use was incorporated into the amount of square footage listed under manufacturing use. According to the study, parking rates for manufacturing and warehouse uses typically account for 5 to 15 percent of those spaces as supporting office use. The completed center would have approximately 27,782 square feet of office use, which equates to 7 percent of the building area. The applicant contends that the 245 parking spaces to be provided on-site would be sufficient for both primary operations (manufacturing and warehousing) and supporting operations (office). . Section 4-4-080F of the parking regulations requires a specified number of parking spaces based'on the specific use of the site. For example, the required parking would be Document2\cor • December 7, 1999 Page 3 • • based on a minimum of 1 to a maximum of 1.5 spaces per 1,000 square feet of floor area of manufacturing use, plus 1 space per 1,500 square feet of warehouse use. Based on the applicant's parking analysis, the building contains approximately 150,971 square feet of manufacturing space and 237,936 square feet of warehouse space—requiring a total of 310-parking spaces to be provided on-site. However, if evaluated under the strict interpretation of the parking regulations, separate parking for the office use of the site would also be necessary. Parking for office use is based on a minimum of 3 to a • • • maximum of 4.5 spaces per 1,000 square feet of area. This would result in a total of 365 required on-site parking spaces, or 120 spaces greater than the proposed amount. • The parking study also provides a breakdown of the parking demand for the site based • on existing and future employment levels. The study.concludes that the peak parking demand for the site is currently 161 vehicles, with a future peak parking demand estimated at 229 vehicles. Therefore, on typical weekdays for the projected employment level of the building, only 93 to 94•percent of the 245 parking stalls proposed to be provided would be utilized. The applicant has also stated that in the event of full • employment, the use of the site would be at full capacity. Therefore, any future growth • that would generate the•need for additional parking would necessitate the facility's • relocation to another site. The code's on-site parking requirements are intended to eliminate parking impacts to surrounding properties. As demonstrated by the parking study submitted with the • application and regardless of the correct parking analysis, at full employment the SeaPack Centre would utilize less than the 245 stalls proposed to be provided. Therefore, the requested modification conforms to the interest and purpose of the parking regulations by providing sufficient on-site parking'for the use of the site. The proposal would also meet the objectives and safety, function, appearance, environmental protection and maintainability intended by code requirements, based upon sound engineering judgment. However, any significant change such as growth in employment, introduction of outdoor fleet vehicles that would occupy parking spaces, or other, could • create a situation in which insufficient on-site parking was available for this use. • • • 2.) Will not be injurious to other property(s) in the vicinity. • • The proposed parking satisfies code•requirements for stall width, depth, drive aisles, and emergency access. Based on the applicant's parking study', the site would provide adequate parking for the intended use of the property. Therefore, in this regard the proposal would not be injurious to other properties in the vicinity. • • The site is part of a larger property, which is currently under review for subdivision into three lots This subdivision would result in individual property boundaries for the subject • site (proposed parcel A), as well as for the adjacent Boeing building (proposed parcel B) and IKEA (proposed parcel C) Although the parking situation on the overall property is pre-existing, the subdivision of the property would require each lot to individually satisfy the parking requirements. Based on a parking analysis conducted with the proposed short plat, parcel B would provide 249 parking spaces (246 to 252 required) and parcel C would.provide 725 parking spaces (382 required). The existing situation has not been found to be injurious to other properties in the vicinity and the parking provided would'be adequate for the proposed renovations to parcel A. However, future potential uses of the site, combined with the pending subdivision of the property, would be potentially injurious to other properties in the vicinity if made to absorb overflow parking. . Document2\cor • December 7, 1999 • Page.4 • • 3.) Conform to the intent and purpose of the Code. See discussion under criteria number one. • 4.) Can be shown to be justified and required for the use and situation • intended. . • • • As indicated in the applicant's parking study, the parking proposed would be underutilized at estimated full employment levels for the building. Therefore, the 245 parking stalls proposed to be provided are justified for the use and situation at the SeaPack Centre. • However, a change in the business operation or potential future tenants of the property may not have a similar employee count and would likely have the need for additional parking as required by code. 5.) Will not create adverse impacts to other property(ies) in the vicinity. • As stated under criteria number 2, the proposed parking would not create adverse impacts to other properties in the vicinity from the SeaPack Centre. However, in the event of a significant change in the business operation or if a future tenant occupies the'property and requires additional parking, there may be • potential adverse impacts to other properties in the vicinity resulting from overflow parking. • Decision • The proposed renovations to be performed by Seattle Packaging would result in 245 on- site parking spaces. According to parking code requirements for manufacturing, warehouse and office uses, the proposal would have 120 spaces fewer than the amount • required by code. It is recognized that the proposed parking for the site would be • adequate for the current intended use of the property by the SeaPack Centre. However, there are no means for enforcing or guaranteeing that future uses of the site would not have a greater number of employees, or the need for the full amount of parking as required by code for the building. Tnerefore the request for parking modification is not approved. . Other options for complying with the conditions of approval for the site plan might be • available. The applicant could explore the establishment of cross parking agreements between parcels A, B and C in order to accommodate the 120 additional spaces. required for the SeaPack Centre. • • • Document2\cor • December 7, 1999 Page 5 • Sincerely, • 4c9f Gregg Zimmerman, Administrator . Planning/Building/Public Works Department cc: Jennifer Henning Lesley Nishihira Document2\cor , • • • . PERKINS COIE LLP 1201 THIRD AVENUE, SUITE 4800•SEATTLE,WASHINGTON 98101-3099 TELEPHONE: 206 583-8888• FACSIMILE: 206 583-8500 • • October 22, 1999 • • • • Lesley Nishihira Planner • City of Renton • • Development Services Division • 1055 South Grady Way Renton, WA 98055 Re: SeaPack Centre/Parking Modification Request Dear Lesley: • As described in the "Parking Study for SeaPack Centre Building" (October 18, 1999) prepared by The Transpo Group ("Transpo"), Seattle Packaging Corporation ("SeaPack") proposes to consolidate its packaging operations into an existing warehouse building'("Building") located on the northeast corner of Oakesdale Avenue . S.W. and S.W. 43rd Street in Renton. SeaPack's use of the Building will require its renovation to include manufacturing and office_space in addition to the existing warehouse use. On-site surface parking will be provided, totaling 245 striped parking stalls. This letter is a request for modification Of applicable City Code requirements for minimum parking stall quantity. Request for Modification of Parking Stall Requirements • As noted above, the SeaPack project includes 245 striped parking stalls. The • Parking Study notes that the renovated Building requires a minimum of 310 parking stalls under City Code. Therefore, the project contains 65 fewer stalls than required by Code. City Code authorizes the Planning/Building/Public Works Department to authorize a modification from minimum/maximum parking requirements (RMC 4-4- • 080(F)(10)d, e). Such modifications must be based on criteria set forth at RMC 4-9- 250(D)(2). The criteria and the bases for the project's conformance with them are set forth below. • EXHIBIT B [23487-0002/S B992950.240 j ANCHORAGE BELLEVUE BOISE DENVER HONG KONG LOS ANGELES MENLO PARK OLYMPIA PORTLAND SAN FRANCISCO SEATTLE SPOKANE TAIPEI WASHINGTON,D.C. STRATEGIC ALLIANCE: RUSSELL&DuMOULIN, VANCOUVER, CANADA October 22, 1999 Page 2 1. A specific reason makes the strict letter of the Code impractical. . . The Building renovation will entail alteration of an existing warehouse and associated surface parking lot. Alterations necessary to meet the developer's program . requirements will result in removal of some stalls. For this reasons, the strict letter of the Code with respect to minimum parking requirements is impractical. • 2. The modification is in conformance with the intent and purpose of the Code. The Code's on site parking requirements are intended to eliminate parking impacts on surrounding properties. As the Traffic Study demonstrates, at full employment the SeaPack project will utilize less than the 245 stalls provided. Therefore, the requested modification conforms to the interest and purpose of the Code. • In particular, the existing side contains 269 striped parking stalls. The proposed use of the Building would eliminate 66 stalls on the south side of the site and 6 stalls on the west side, but 47 new stalls would be added to east side and 1 to the north side, for a future total of 245 striped parking stalls. Hourly parking demand • for the manufacturing and warehousing uses were compared with the parking supply to determine the parking utilization for both existing and future employment levels. The comparison indicates that the 245-stall parking supply would accommodate demand throughout a typical weekday with future projected employment levels in the. Building. The peak utilization of about 93 to 94 percent would occur between 4:00 to 5:00 p.m. on typical weekdays. If Seattle Packaging were to reach full employment, the Building would be at full production capacity. As a result, additional warehousing and/or manufacturing space would need to be acquired in another location. Thus, the projected employment . levels are not expected to exceed those studied for this site. 3. The modification: • a. Will meet the objectives and safety, function, appearance, environmental protection and maintainability [23487-0002/SB992950.240] 10/22/99 October 22, 1999 Page 3 intended by the Code requirements, based upon sound engineering judgment; and • Please see response to criterion 2, above. • • • b. Will not be injurious to other property(s) in the • vicinity; and Please see response to criterion 2, above. c. [Will] conform to the intent and purpose of the Code; and Please see response to criterion 2, above. d. Can be shown to be justified and required for the use and situation intended; and • • Please see response to criterion 2, above. e. Will not create adverse impacts to other property(ies) in the vicinity. Please see response to criterion 2, above. • * * * * Thank you for yogr consideration of this modification request. Should you • require additional information, please do not hesitate to contact me. • V ry truly yours, • iV60‘(A. Laura N. Whitaker LNW:bs • cc: Jack Alkire • Jay Pickering [23487-0002/SB992950.240) • 10/22/99 CITY OF RENTOH CITY TREASURER REG-RECEIPT:02-0052419 C:Dec 20 1999 CASHIER ID:N 10:37 am A:Dec 20 1999 5007 APPEALS & WAIVERS $75.00 000.000.00.345.81.00.000003 TOTAL DUE $75.00 RECEIVED FROM: PERKINS COIE LLP CHECK: $75.00 TOTAL TENDERED $75.00 CHANGE ➢UE $0.00