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HomeMy WebLinkAboutPermit 91-02-SPE - CRYSTAL SPRINGS PHASE II - SENSITIVE AREA WAIVER91-02-spe south 158th street 51st avenue south crystal springs park phase ii Agreement To Be Subjeit To A Critical Area Sensitive Areas Ordinance The undersigned owner and developer of real property located at Cr stil S•rin•s Pk. Ph. II S. 158 St. & 51 Ave.Sand more specifically described in Exhibit A attached hereto, hereby agrees, pursuant to the requirements of Tukwila Ordinance No.'s 1544 and 1550, that if the City of Tukwila will process the following applications: Process and issue •ermits sub'ect to standard review for construction of Crystal Springs Park, Phase Two. the development of the property described in Exhibit A will be subject to all of the Sensitive Areas Ordinance provisions as finally passed by the City Council even though those provisions may be more restrictive than any conditions or limitations imposed by or resulting from the processes described above. The Undersigned agree(s) that these processes will be continued solely at their risk and expense and that the result of the final Sensitive Area Ordinance may be to require extensive project modification and re- evaluation or recision of the above approvals. It is also understood and agreed that continuation of these processes does not mean that applications not pending on November 20, 1989, for this project, will be accepted or processed unless the City Council approves a petition therefor. The undersigned acknowledges that the covenants herein run with the land described in Exhibit A and that this document will be recorded with the King County Department of Records and Elections and that these covenants cannot be released without the written consent of the City of Tukwila. STATE OF WASHINGTON ) ss. COUNTY OF KING ) 3/15/90 Dated ( 7 . 30 s WAS'I City of Tukwila Landowner Dept. of Parks and Recreation On this da per onally appeared before me ,,On . C/ lfjl// 4 v 011 , to me known to be the individual described in and who executed this instrument, and acknowledged that s /he signed the same as a free and voluntary act for the uses and purposes herein mentioned. 1991. ary Public in and ate o/ Washi on, at Ow. appoi tment expires MOWN JUN 2 8 1991 CITY OF Tut vvILA PLANNING DEPT. for the residing . My 7708220628 • EXHIBIT "A" i. 4-0/ 4X-.Ca ro r �7r -' / CITY OF Ti KWILA JUN 0619S1 PERMIT CENTER Parcel A: Tract 8, Brookvale Garden Tracts, according to plat recorded in Volume 10 of Plats, page 47, in King County, Washington; EXCEPT the south 30 feet thereof conveyed to the City of Seattle by deed recorded under Recording No. 4101554; AND EXCEPT that portion thereof conveyed to King County for road by deed recorded under Recording No. 4063864; AND EXCEPT ap N that portion thereof lying within a 100 -foot wide strip O conveyed to the State of Washington for highway purposes by deed recorded under Recording No. 5571095; AND EXCEPT roads; N AND EXCEPT that portion thereof, if any, lying north of line described as follows: CD I Beginning at the southwest corner of Section 23, Township 23 North,'Range 4 East, W.M., in King County, Washington (being the southwest corner of the plat of Brookvale Garden Tracts, according to plat recorded in Volume 10 of Plats, page 47, in King County, Washington); and running thence north 00 °41'21" east, along the west line thereof, 328.713 feet to the true point of beginning of the line herein described; thence south 88 ° 16'00" east to the westerly margin of 53rd Avenue South and the terminus of said line; TOGETHER WITH that portion, if any, of Tract 7 of said Addition lying south of the above - described line. Parcel B: The southeast quarter of the southeast quarter of the south- east quarter of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington; EXCEPT the north, south, and east 30 feet thereof for road; AND EXCEPT that portion thereof conveyed to King County for road purposes by deed recorded under Recording No..4063864; AND EXCEPT that portion thereof conveyed to the State of Washington for highway purposes by deed recorded under Recording No. 5661903. 4 TOGETHER WITH rights to the waters of two unnamed springs as disclosed by instrument recorded under King County Recording No. 638525, and as contained under State Certificate issued November 23, 1962, recorded under King County Recording No. 5596280. MEMORANDUM TO: Don Williams, Director of Parks and Recreation FROM: Gary Schulz, Urban Environmentalist, Community Development, Planning Division DATE: March 18, 1991 RE: Sensitive Area Planning for Crystal Springs Park :Phase 2 Rick Beeler and I discussed the Phase 2 park plan and the identified wetlands on this site. The current draft Sensitive Area Ordinance specifically allows passive recreation in sensitive area buffers. As stated in Chapter 18.45.080 (4) (E) Public access shall be limited to trails, boardwalks, covered or uncovered viewing or seating areas, and displays and must be located in areas which have the lowest sensitivity to human disturbance or alteration. The current site plan includes a play area near the flagged wetland edge within the wetland buffer. There is a concern for meeting the requirements of the draft SAO because the play area is considered active recreation and is not a permitted use within a wetland buffer. This wetland's buffer would be 50 feet if it were rated as medium value. The minimum buffer required for a low value rating would be 25 feet. A site plan revision is needed to comply with the draft SAO. One alternative revision acceptable to the Planning Division would be to relocate the play area to the picnic shelter location and, thereby remove the active use from the buffer. The picnic shelter could be placed in the buffer since it is technically viewed as a passive use. The scheduled wetland boundary survey will accurately define the wetland edge in relation to the subject play area and the amount of potential buffer encroachment. When the survey information has been completed, City staff can jointly review the site plan for any proposed revisions. I will assess the wetland value using the rating methodology required in the draft SAO and inform you of the rated wetland buffer distance by 3/19/91. CITY OF TUKWILA 6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188 PHONE #1206)433.1800 Gary L. VanDusen, Mayor Staff Report to the City Council PETITIONER: City of Tukwila Parks and Recreation Department LOCATION: South 158th and 51st Avenue South PROPOSAL DESCRIPTION: Petitioner requests a waiver to process and issue the permits for construction of Crystal Springs Park:Phase 2. DATE PREPARED: 2/27/91 EFFECT OF MORATORIUM: The Moratorium (Ord. 1544 - 1582) precludes filing of new land -use applications in sensitive areas. As the project site contains slopes 15% and greater, the applicant cannot proceed with construction activities. This project proposal is the expansion (Phase 2) of existing Crystal Springs Park. The construction activities include paving, parking lot expansion, trail building, and landscap- ing. The applicant requests a waiver of the Moratorium in order to stay on schedule for development and construction during the dry months. IMPACT OF THE SENSITIVE AREAS ORDINANCE: The Phase 2 site area is comprised of slopes exceeding 15 percent including a small steeper slope traversing the site that contains up to 40 percent or greater gradient. These slopes are identified as Class 2 and 3 Landslide Hazard areas. The site also contains natural springs that discharge from the slopes and flow in an easterly direction. Watercourses or wetlands have not been identified as sensitive areas by the City's inventory maps. However, City staff will need to review a site - specific soil report and inspect for potential wetland occurrence on the site. Staff Report to the City Council Parks and Recreation Department Waiver Petition, 2/27/91 Page 2 The proposed park expansion includes a minor amount of regrading and enhancement of existing water features and foot trails. According to the site plan drawings, the proposed impacts to the undeveloped park expansion area appear minimal concerning the City's designation of sensitive areas. DESIGN CRITERIA: Ordinance No. 1550 states that the City Council shall use the following criteria to review waiver requests: 1. Intent of the Moratorium; 2. Best interests of the City weighed against the interests of the individual; 3: Circumstances and hardship caused by the Moratorium; and 4. Damage that could result from strict adherence to the Moratorium. pnwiintm 02105191 City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. VanDusen, Mayor MEMORANDUM TO: Jane Cantu, City Clerk FROM: Don Williams, Parks and Recreation Director DATE: February 5, 1991 SUBJECT: S.A.O. Petition for Waiver for Crystal Springs Park Phase. II On behalf of the City Administration, I respectfully request a waiver to allow construction of Crystal Springs Park Phase II. The eight acre site is located in a sensitive area as identified in the S.A.O. at So. 158th and 51st Ave. So. Our justification for requesting the waiver is related to the development period for the construction of the park. Because of the type of work being done, earthwork, paving and the planting of grass, trees and shrubs, the work needs to be done during the dryer, . warmer months. To wait until the adoption of the S.A.O. in October will cause both a problem to properly construct the park due to the wet weather and perhaps increased cost due to a one year delay for the project. The project has been previously approved for construction prior to the start of the S.A.O. moratonum, however the construction permit has expired. Because citizen and Council review has previously occurred, I see no reason not to grant the waiver and allow construction to begin.