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HomeMy WebLinkAboutPermit 85-29-PRD - RYERSON / GROUP 5 - IVY HILLS PLANNED RESIDENTIAL DEVELOPMENTinterurban avenue south 13735 interurban avenue south Permit 85-29-PRD - RYERSON / GROUP 5 - IVY HILLS PLANNED RESIDENTIAL DEVELOPMENT 8804250671 TO: FROM: DATE: SUBJECT: (10/T2.MEMO) FILED for Record at Request Of City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 Gary L. VanDusen, Mayor MEMORANDUM RS/ 0 4/25 RECD Oak (flerri'QX I) ()/Yd 1061 '19P7?) . &-pf)() p ?idt nPri e7.)1 I - Di tie.19-7mavi,26 (todt --- rok,10, oo,Ta ezdt0(_) re. / 0/71/4 riel) 4r)(1" L S-1 164 Y-ke , r0/7 Zama 9. 00 11 q 4:4:4: 4: 9 ii rmco. r..voAtko rut ri =7 re • Yam &Awe MCA puwits Sincerel Phil Fraser Senior Engineer PF /kjr CC: Mat Harris - METRO Ryerson File Building Official C City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. VanDusen, Mayor January 6, 1988 Mr. Rick Ryerson Ryerson Development 1830 - 130th Avenue Northeast Bellevue, Washington 98005 Dear Mr. Ryerson: Planning. Director Ted Freemire Dave Grage I � I - 1 �i 1 � :s r � 1988 RE: October 13, 1987 METRO Letter - Ivy Hills Development (Ryerson) Interurban Avenue Pumping Station Right -of -Way Requirements Per the October 13, 1987, METRO letter enclosed, an upgrade of the Interurban Avenue Pumping Station relative to your developement is necessary in order to provide for appropriate odor controls. Per the attached Exhibit "A" a legal description showing the additional property needed to provide the odor control equipment is identified. As noted in previous correspondence, additional right -of -way for existing METRO facilities, lift station, gravity sewer and forcemains require easements from the development. Since our last conversation in November you indicated that your surveyors will provide those legal descriptions and you will transmit the necessary right -of -ways over to the City prior to close -out of your project per the above. In addition to these right -of -ways then, additional right -of -way described in Exhibit "A" is necessary in order to provide the needed odor control equipment. Per my discussions will planning staff, if this odor control equipment takes away planned parking stalls of your development, then removed parkings stalls must be excess to the parking requirements for the development or additional parking shall be substituted. Call Moira Carr - Bradshaw at 433 -1843 for clarification. I have been informed that METRO is now in the process of budget preparation for capital improvement programs to identify and budget this odor control equipment in 1988. Therefore, acquisition of this right -of -way is timely. �,�.: + ..... ........� Sir; ... i October 13, 1987 Mr. Phil Fraser Public Works Department City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Interurban Pumping Station Dear Mr. Fraser: Municipality of Metropolitan Seattle Exchange Building • 821 Second Ave. • Seattle, WA 98104 - 1598 Metro is currently planning an upgrade of the Interurban Pumping Station to begin by year end which includes the addition of odor control equipment. The odor control equipment installation will require the acquisition of an approximately 100 square foot triangle immediately south of the existing sewer line easement (shown green on the enclosed Exhibit "A ", a legal description will be provided shortly). It is my understanding that the City will require from the property owner, as a condition for permit approval, the dedication to the City of the necessary utility easements. The utility easements to be dedicated should include:* 1) the continuation of the 10 foot wide sewer line easement up the hill to 57th Avenue South, crossing Lot 52 of the Stephen Foster Donation Claim No. 38; and 2) the above - described triangle in Lot 1 of the Stephen Foster Donation Claim No. 38. Please note that the 10 foot wide easement up the hill to 57th Avenue South contains two pipelines: an 8 -inch gravity sewer and a 12 -inch asbestos cement sewer forcemain. The contractor should be made aware that asbestos cement pipes are fragile. Also, Metro is studying a project to take place in three to five years that involves the Interurban Pumping Station. Review of the existing property rights reveals that the pumping station is located on a sewer line easement that is held by the City of Tukwila and that Metro operates and maintains the pumping station with no property rights. Please inform me what procedure is required by the City to assign the sewer line easement to Metro. LP- 8 STA. C 4 33 E . G" TEE f: GRADE .S `. OO S.S.-- -- EX - - SS �8 L.1 tZ. 4 GRADE 50 L. f. le 0 CM? 3g . . . 0 12 2 CMP - e 5. .., '\' ' ...AN ti; L V N 4 s • 4 00 rt EXHIBIT "A" NOTE : METRO REOUtRE5 RELOCAT1oN OF 7 ORtVEWAY d PAVEMEWI" OVER THE PUMP STATION EASEM AREA. No PAVEMEtJT oR DRtvE.S OvER TH PUMP 5TATIO14. PROVIDE S1GtJAGE AND STRIPPING AS PER METRO STAIJDARDS C.B.NO. 3 TYPE I ORATE= 22.00 I.E.= ia.s +- 35" PARKING STALL RESERVED FOR r1 ETRO ea PADS INTERURBAN %c L FT STATto EA5G.MEWT 198 L.P. i5" * cm • t.01! REMOVE 1RELOG4TE EX NG POWER POLE IGUY WIRE 70 ANA ,REA AOJACENT 70 LIFT STAT /nN VAULT AD GRADE 22.5 EWER ESMr •1- C6 N0. 10 TYPE. Z RIMS 64.2 I,e. = Gn t40. I TYPE RIM t•6)5 1.E. Co1 P� 115. L. F. 12' a � ID • situated-Lltthe County of. King, State of Jashinaten. `.i i 0042.175.007 JEH /ko 11/04/86 DEVELOPER'S AGREEMENT THIS AGREEMENT is entered into between the CITY OF TUKWILA, a Washington municipal corporation, hereinafter referred to as "the City," and , hereinafter referred as "the Owner." WHEREAS, Owner has applied for approval of a building permit for the project commonly known as the Ivy Hills Apartment complex to be located between Interurban Avenue and 56th Avenue South in the City of Tukwila, and WHEREAS, the development of said property will result in a need for sidewalks to be constructed on Interurban Avenue South and 56th Avenue South and Chapter 11.64 of the Tukwila Municipal Code requires such sidewalks to be constructed by the Owner, and WHEREAS, the Owner has requested, pursuant to Section 11.64.040 of the Tukwila Municipal Code, that the City waive the requirement of sidewalk construction on Owner's property adjacent to 56th Avenue South because of the topography of Owner's property and hardship accruing to the Owner from such construction, and WHEREAS, because of the need for sidewalks which will be created by pedestrian traffic in the area from the apartment complex, the City has agreed to waive the requirement of sidewalk construction on the Owner's property only if the Owner will agree to reimburse the City for the cost of constructing a sidewalk and curb to City standards on the west side of 56th Avenue South opposite Owner's property and for the full length thereof, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Sidewalk Improvements. The Owner agrees to reimburse the City for all costs of constructing a five foot sidewalk and a curb on the west side of 56th Avenue South directly opposite the Owner's property for the full length thereof. The cost of construction shall include, but not be limited to, all labor and materials expended to construct such sidewalk and curb and all construction engineering expenses incurred in connection with such construction. Costs of construction shall not include the costs of designing the sidewalk and curb, these costs having already been incurred by the City. I 2 2. Waiver. The City hereby waives the requirements of Section 11.64.040 of the Tukwila Municipal Code as they apply to Owner's property insofar as the same require construction of a sidewalk on Owner's property adjacent to the eastern edge of 56th Avenue South. The intent of the City in waiving this requirement is to allow the Owner, because of topographical conditions on Owner's property and economic hardship that may be caused due to Owner having to construct a sidewalk on Owner's property, to substitute a sidewalk on the west side of 56th Avenue South for the required sidewalk on the east side. No other waiver of the provisions of Chapter 11.64 of the Tukwila Municipal Code is expressly or impliedly given by the City. 3. Time for Payment. Owner shall pay to the City the actual costs incurred by the City in the construction and constructing engineering and inspection related to the sidewalk and curb upon the completion of the construction and within five (5) days after receipt by Owner of a statement of costs from the City. To assure that payment will be made, Owner agrees to provide to City within five (5) days of execution of this agreement, a bond or other suitable security in a form approved by the City Attorney and in an amount which is deemed sufficient by the City Engineer to cover the costs involved. It is understood and agreed between the parties that the amount specified by the City Engineer for such bond or other suitable security will represent only an estimate of the actual costs involved. The actual cost will be determined at the close of the project and paid by the Owner. 4. Non - Waiver - Extensions. Failure of either party to insist on the strict performance of any of the terms, agreements and conditions hereinafter contained, or any of them, shall not constitute or be construed as a waiver or relinquishment of that party's right thereafter to strictly enforce any such term, agreement or conditions, but the same shall continue in full force and effect. 5. Attorneys Fees. In the event that either party to this agreement shall be required to commence litigation to enforce any term thereof, the prevailing party in such litigation shall be entitled to costs, including reasonable attorneys fees. 6. Binding Effect. This agreement shall be binding upon the respective heirs, legal representatives, assignees, transferees and successors of each of the parties hereto. 7. Recording. This agreement shall be recorded with the King County Auditor and the cost of said recordation shall be paid by the Owner. By: 8. Entire Agreement. This agreement contains the entire understanding between the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto or to have any other force or effect. DATED this day of , 198 CITY OF TUKWILA: OWNER: • By: Mayor, Gary L. Van Dusen ATTEST /AUTHENTICATED: B City Clerk, Maxine Anderson APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY STATE OF WASHINGTON ) : ss COUNTY OF KING ) ��: DATED this day of , 1986. I certify that I know or have satisfactory evidence that Gary L. Van Dusen and Maxine Anderson signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledge it as the Mayor and City Clerk of THE CITY OF TUKWILA to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. NOTARY PUBLIC in and for the State of Washington residing at My appointment expires: } STATE OF WASHINGTON ) ss COUNTY OF ) I certify that I know or have satisfactory evidence that and signed this . instrument and acknowledge it to be their free and voluntary act for the uses and purposes mentioned in the instrument. DATED this day of , 1986. NOTARY PUBLIC in and for the State of Washington residing at My appointment expires: 150.024 JEH /ko 10/30/85 On SUMMARY OF ORDINANCE NO. 13Z AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, APPROVING A PLANNED RESIDENTIAL DEVELOPMENT FOR CERTAIN PROPERTY COMMONLY REFERRED TO AS THE GROUP 5 APARTMENTS PRD, CITY FILE NO. 85 -29 -PRD, SUBJECT TO CERTAIN CONDITIONS, ADOPTING FINDINGS OF FACT AND CONCLUSIONS, DIRECTING THE CITY PLANNING DIRECTOR TO MAKE CHANGES IN THE CITY'S OFFICIAL ZONING MAP, AND ESTABLISHING AN EFFECTIVE DATE. of Tukwila passed Ordinance No. /.__? 9 which provides as follows: Section 1. Approves a Planned Residential Development designation and plan for certain property adjacent to Interurban Avenue South (across from the Foster Golf Links) and 51st Avenue South, and more particularly described on Exhibit A attached to this summary, subject to seven (7) conditions relating to building design, pedestrian linkages, trees, landscaping, water pressure, siding and improvements to 56th Avenue South. Section 2. Adopts Findings and Conclusions relating to the PRD designation and plan. Section 3. Directs the Planning Director to amend the City's Official Zoning Map to reflect the PRD designation and to 'reference this ordinance. Section 4. Establishes an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at their meeting of - 27) / .0 1 -1V-e.:414.4ti t- 1 , 1985. Publish: Record - Chronicle, 11/08/85 , 1985, the City Council of the City CITY CLERK, MAXINE ANDERSON 150.024 JEH /ko 10/25/85 WASHINGTON ORDINANCE NO 4.1l0 9 CITY OF TUKWILA AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, APPROVING A PLANNED RESIDENTIAL DEVELOPMENT FOR CERTAIN PROPERTY COMMONLY REFERRED TO AS THE GROUP 5 APARTMENTS PRD, CITY FILE NO. 85 -29 -PRD, SUBJECT TO CERTAIN CONDITIONS, ADOPTING FINDINGS OF FACT AND CONCLUSIONS, DIRECTING THE CITY PLANNING DIRECTOR TO MAKE CHANGES IN THE CITY'S OFFICIAL ZONING MAP, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, an application was filed with the City of Tukwila seeking approval for a Planned Residential Development pursuant to Chapter 18.46 of the Tukwila Municipal Code, and WHEREAS, said application was reviewed by the Planning Commission and Board of Architectural Review at a public hearing held on August 22, 1985, end at the conclusion of said hearing the Planning Commission and Board of Architectural Review adopted findings of fact, conclusions of law and a recommendation to the City Council that the application be approved subject to certain conditions, and WHEREAS, the City Council held a public hearing on September 16, 1985, to consider the recommendation of the Planning Commission concerning the PRD and at the conclusion of such hearing determined to adopt the Planning Commission's findings and conclusions as the City Council's own and to approve the application, subject to certain conditions, and WHEREAS, the City's SEPA Responsible Official issued a Determination of Non - Significance for the proposed PRD on August 22, 1985, now, therefore THE CITY COUNCIL OF THE CITY TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval of PRD Designation and Plan. A Planned Residential Development designation is hereby approved for that certain property commonly referred to as the Group 5 Apartments PRD, City File No. 85 -29 -PRD, which property is more particularly described on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full. The City Council hereby further approves the development plan for such Planned Residential Development submitted to the City on June 6, 1985 and contained in City File No. 85 -29-PRD. Approval of the PRD designation and the development plan is subject to the following conditions: 1) Diversifying the building designs and locations to create a less monotinous visual image and a diversity of designs; 2) Provision of pedestrian linkages between 56th . Avenue South and Interurban Avenue South throughout the proposal as approved by the Planning Department; 3) Location of existing substantial trees on the site plan and modification of the site plan to retain some of these trees to the greatest extent possible, subject to review and approval of the Planning Department; 4) Inclusion in the landscaping plan of vegetation of sufficient size to accomplish the criteria and conclusions contained herein; 5) Verification of sufficient tap water pressure by the Public Works Department; 6) Verification by the Fire Department of the vinyl siding toxicity being within safe levels; 7) Payment of a fair proportionate share of the costs. of widening and improving 56th Avenue South when the same is undertaken by the City, and in the event a local improvement district is formed for the purpose of making improvements to 56th Avenue South, to participate in, and waive protest of, such LID. The City Council specifically finds that this condition is necessary to mitigate the direct traffic impact of the proposed PRD upon 56th Avenue South. Section 2. Adoption of Findings and Conclusions. The City Council hereby adopts the Findings and Sections 2 and 3 of the Conclusions contained in the City of Tukwila Planning Division Planning Commission Staff Report attached hereto as Exhibit B and incorporated herein by this reference as if set forth in full. Section 3. Duties of Planning Director. The Planning Director is directed to amend the City's Official Zoning Map to reflect the PRD designation for the property described on Exhibit A as set forth in Section 1 above and to refer to this Ordinance for the conditions of approval. Section 4. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASH- INGTON, at a regular meeting thereof this L day of , 1985. ATTEST /AUTHENTICATED: /■ / LERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY FILED WITH THE CI CLER PASSED BY THE CITY COUNCI PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 1369 3 APPROVED: 9/16/85 1/04/85 11/08/85 - in Summary form, 11/13/85 BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH 137TH STREET (FORMERLY LEMON 'ROAD) :PRODUCED ...NORTH :74 EAST AND THE NORTHEASTERLY LINE OF 56TH AVENUE. SOUTH (FORMERLY LEMON ROAD), WHICH POINT IS DESCRIBED AS THE POINT OF. BEGINNING IN THAT CERTAIN CORRECTION DEED DATED DECEMBER 26, 1903, AND RECORDED JANUARY 22, 1904, IN VOLUME 362 OF DEEDS, PAGE 625, RECORDS: OF THE AUDITOR OF KING COUNTY, STATE OF WASHINGTON; THENCE SOUTH 45.49' EAST ALONG SAID NORTHEASTERLY LINE OF 56TH AVENUE SOUTH 275 FEET TO THE TRUE. POINT OF BEGINNING; THENCE NORTH 74.04' EAST 125 FEET; THENCE SOUTH 45 EAST 162.435 FEET; THENCE. SOUTH 65 WEST 115.96 FEET; THENCE NORTH 45.49' WEST 181.25 FEET TO THE TRUE POINT. OF BEGINNING, IN KING COUNTY, WASHINGTON: ALSO; BEGINNING, AT THE INTERSECTION OF. THE SOUTHERLY LINE OF SOUTH 137TH STREET (FORMERLY LEMON ROAD).: PRODUCED NORTH 74.04' EAST AND THE NORTHEASTERLY LINE OF 56TH AVENUE SOUTH ( FORMERLY LEMON ROAD) WHICH POINT IS DESCRIBED AS THE POINT OF BEGINNING IN THAT CERTAIN CORRECTION. DEED DATED. DECEMBER 26, 1903 AND RECORDED: JANUARY 22, 1904, IN VOLUME 362 OF DEEDS, PAGE 625, RECORDS OF THE AUDITOR OF KING COUNTY, STATE. OF WASHINGTON; THENCE NORTH 74 EAST ALONG SAID SOUTHERLY LINE OF SOUTH 137TH STREET (FORMERLY LEMON ROAD) PRODUCED 125 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 74 . 04' EAST 180.204 FEET, TO THE SOUTHWESTERLY LINE OF INTERURBAN AVENUE SOUTH, A STATE HIGHWAY; THENCE'. SOUTH 44 EAST ALONG SAID SOUTHWESTERLY LINE 407.32 FEET; THENCE SOUTH 65 °58'45" WEST 161.64 FEET; THENCE NORTH 45'49' WEST 437.44 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY OF A LINE PARALLEL AND 133.50 FEET .NORTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO THE AFORESAID NORTHEASTERLY MARGIN OF 56TH AVENUE SOUTH, (FORMERLY LEMON ROAD) ; AND IN; Exhibit B Ord. #1369 FINDINGS AND CONCLUSIONS ADOPTED BY THE PLANNING COMMISSION ON AUGUST 22, 1985 FINDINGS 1. Generally the site is predominantly a fairly steep slope (averaging 45% and maximum of 90%), except for a generally level portion at the southwest and northwest corners of the site (Exhibit A). Apartment units are proposed in two rows running parallel with the property and topography (Exhibit B). The westerly row of buildings will feature basement covered parking, while the upper (westerly) units will feature on grade uncovered parking (Exhibit C). The easterly units will be two stories with basement consisting of a total of 56 dwelling units (Exhibit 0). The uphill westerly 48 units will be of a slightly less building mass (Exhibit E ). Landscaping of the site con- sists of perimeter and interior landscaping (Exhibits F & G). A recreation building, pool, sport court and grass play area are featured at the southerly corner of the site (Exhibit B & H). The topography of the site constrains access for the easterly units to two points on Interurban Avenue South (Exhibit B). Access to the westerly units is from two points on 56th Avenue South. Directly to the north and across Interurban Avenue South is located the Foster Golf Links Public Golf Course, and directly westerly of the site and across 56th Avenue South is the existing multi - family development of the Terrace Apartments. Interurban Avenue South consists of two lanes in each direction. A single lane in each direction within a 30 -foot right -of -way is improved in 56th Avenue South. Parking for 208 cars is provided including 56 covered parking stalls. For the westerly, or upper, 48 apartment units a total of 96 parking stalls are pro- vided per TMC 18.56.050. For the easterly 56 dwelling units a total of 112 parking stalls are provided. Vehicular connection between the two parking areas is not included in the site plan. The westerly 56 apartment units con- tain 7 one - bedroom units and 49 two - bedroom units. The easterly 48 apartment units are comprised of 24 one- bedroom units and 24 two - bedroom units. Building materials will consists of dark gray or black composition shingle roofs, gray or light blue vinyl siding, white trim and windows, and gray or light blue railings and lattice. Exterior illumination is not indicated on the site plan. Various mutliple family development proposals have been sought on the pro- perty, the latest of which featured a combination of multiple family and offi- ces (81- 12 -W). 3. Since the proposal lies within the Interurban Special Review District, the BAR must review the proposal per the criteria of TMC 18.60.050 and 18.60.060 (TMC 18.60.030(2)(e)). . The proposed Planned Residential Development (PRO) requires approval per the criterial of TMC 18.46.110(4). Page 2 5. The proposal complies with the landscaping and recreation space requirements of TMC 18.52.020 and .060. Preliminary calculations indicate that 20,600 square feet of recration space is required (103 x 200 square feet 20,600 square feet). Required landscaping areas constitute a total of 19,941 square feet, of which 10%, or 1,994 square feet, may be credited to the recreation space requirement, thereby yielding a 18,606 square feet of recreation space required. The pro- posal provides a total of 34,300 square feet of open fairly level lawn areas, sport court, pool and recreation building. Therefore, the recreation require- ments appear to be met in the proposal. 6. The Environmental Checklist (EPIC - 277 -85) indicates the recommendations of the geotechnical consultant will be followed in the development on this property. A determination of non- significance was issued for the proposal per the state Environment Policy act of 1971, as amended. CONCLUSIONS 1. BAR Criteria TMC 18.60.050 and 18.60.060(4): A. Criteria TMC 18.60.050(1): Relationship of Structure to Site The proposal provides the normal l ing transition from Interurban Avenue South and 56th Avenue South. however, additional pedestrian pathways through and inside he evelopment appear needed except at the southerly portions of the pro- perty and around the recreation building. Walkways or pathways from the upper westerly units to the lower easterly units occur at only three locations. Additional pedestrian linkage should occur due to the reaso- nably anticipated pedestrian usage of the westerly upper units of the recreation facility at the southerly portion of the site and Interurban Avenue South where public transit may be utilized. The parking areas in the proposal run almost the full length of the site with only slight interruption by landscaping along the westerly portions of the site. This design does not appear to "...moderate_ the visual impact of large areas." ' should ,p g paved areas. Therefore, ,,the layout= ' revised to better 'minimize this visual impact. Due to the topography of the property, the ; lower, easterly; units ;;wi l 1`be located such that the roofs will be :below,the existing grade elevation of 56th Avenue South. The roofs: of the westerly upper units appear to extend approximately; 10 feet above the existing grade elevation of 'this street.., Such location of these buildings on the steeply sloped property is an appropriate site plan considering the westerly abutting properties. The overall visual impact on the easterly abutting public golf course will be the appearance of essentially a continuous wall of development. While this visual image of the multi family units carved into the hillside may appear startling upon initial development of the proposal, maturation of landscaping will substantially reduce this impact over time. This does not appear to be an unreasonable projected impact of the proposal. Page 3 B. Criteria TMC 18.60.050(2): Relationship of Structure and Site to Adjoining Area The proposal appears to present to Interurban Avenue South a design that overall is harmonious in the design, materials and colors. landscaping which is appropriate to the adjoining properties is provided. A`: traffic .: engineering report indicates safe and adequate access to Interurban Avenue South and 56th Avenue South.. These streets will adequately 'accom- modate the increased traffic. However, 56th Avenue South will function near to capacity. C. Criteria TMC 18.60.050(3): Landscape and Site Treatment The final grading of the site appears to essentially clear the site of all existing vegetation. The final grades create some level areas, par- ticularly where landfill is necessary at the southerly corner of the site. The overall impact of grading appears to be .of producing "...an inviting and stable appearance." The landscape plan appears to treat Interurban Avenue South as a formal street via regularly spaced deciduous trees. Due to the desirable vista from the property to the east, a public golf course and Duwamish River environment, landscaping along this street should be compatible with the City's future plans for improvement and landscaping of Interurban Avenue South. Within the site the landscaping appears to soften the overall impact of the buildings and appears to consider the view potential from the westerly uphill units. Exterior lighting details were not provided, thereby preventing review at this time. If the applicant can provide these details or a general description of sufficient detail in the public meeting, final review and approval of the exterior illumination could be deferred to the Planning Department. D. Criteria TMC 18.60.050(4): Building Design The proposed buildings are compatible in scale with existing commercial, multi family residential and single family residential development in the area, of which multiple family residential predominates the westerly area of the property and the golf course and commercial development dominates the more easterly areas of the property. The design components of the individual buildings display "...good proportions and relationship to one another." The colors chosen of the dark gray or black roof, gray or light blue vinyl siding, white trim and white lattice and railings, and white window trim are "harmonious" with each other. Details of exterior illumination were not provided, but should be "harmonious" with the pro- posed building design. Sufficient "variety and detail" in terms of building form and massing is provided on the site between the upper westerly units and the lower easterly units. The two types of units are dissimilar. Perhaps the major criticism of the lower easterly units is the essentially straight line of the same design with a great deal of regularity without significant interruption. This could present a mono- tonous appearance to Interurban Avenue South and the public golf course facility. Page 4 E. Criteria TMC 18.60.050(5): Miscellaneous Structure and Street Furniture Dumipster locations indicated on the proposal are enclosed on three sides by an unspecified fence. The design, composition and colors of this fence should be discussed for determination of their acceptability. F. Criteria TMC 18.60.060(4)(a): Pro osed develo ent design should be sen- t teso s ve to the natura amen the area The essentially repetitive pattern of the proposed units in the develop- ment and the essentially uninterrupted large linear parking areas are questionably "sensitive" to the easterly public golf course facility and the Duwamish River environment. Breaking up the units, particularly of the easterly lower level, and varying the spacing between the buildings will reduce the overall visual impact of the development. Further enhancing this image would be exploring landscaping areas for significant contribution to the interruption of the site plan. G. 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 As mentioned in the previous finding the repetitive, monotonous plan of the property imposes upon the easterly public golf course facility. The aforementioned recommendations will substantially reduce this impact. H. Criteria TMC 18.60.060(4)(c): Proposed development should provide for safe and convenient on site pedestrian circulation Since vehicular access from the easterly lower level and Interurban Avenue South is prevented to and from the upper westerly units, the con- venience and normally anticipated access to and from these uphill units is precluded. In addition, the proposal contains minimal pedestrian linkages between the upper and lower units and to Interurban Avenue. I . 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 location of the proposed buildings and the landscaping provided pro - duces overall general compatibility with "neighboring uses" which are relative to the westerly existing multi family development. However, the repetitive nature of the site plan raises the the question of com- patibility with the easterly public golf course facility and Duwamish River environment. Otherwise the proposal is "...complimentary to the district..." of the C -2 and R -3 zone. The development reflects the nor- mally expected and experienced development within these zones, par- ticularly in the situation of the narrow trapazoidial configuration of the subject site. Page 5 J. Criteria TMC 18.60.060(4)(e): Proposed development should seek to mini- mize significant adverse environmental impacts The major environmental impacts associated with this proposal is the grading of the property which includes total disruption of existing vege- tation. The soils consultant has indicated that this presents no problem for development as long as their recommendations are followed. The applicant has indicated these recommendations will be followed thereby minimizing the environmental impact. In addition, the impact of cir- culation and access to and from the property, particularly 56th Avenue South, during the normal daily activities of the uphill westerly units presents concerns to staff relative to impacts on adjacent streets. The optimum solution would be to provide total access of the units to Interurban Avenue South. However, topography precludes this alternative. K. Criteria TMC 18.60.060(4)(f):' Proposed development should demonstrate due regard for significant historical features in the area As mentioned earlier, the development should be more sensitive to the Foster Golf Course facility which represents an "historical feature" to the community. ;Planned Residential Development Criteria TMC 18.46.110(4) A. Criteria (TMC 18.46.110(4)(A): Suitability of the site area for the pro- posed development Existing topography of the site lends itself to the proposed site plan which for the most part works well with the slopes. Soil conditions sup- port the development. Surrounding streets will handle resulting traffic. Adjacent land uses and zoning are compatible or already exist in a semi - compatible situation. B. Criteria (TMC 18.46.110(4)(B): Requirements of the subdivision code for the proposed development Subdivision of the property is not proposed. C. Criteria (TMC 18.46.110(4)(C): Reasons for density bonuses as listed in Section 18.46.070: A density bonus was not requested. The total density permitted is 111 units, but 104 units are proposed. D. Criteria (TMC 18.46.110(4)(0): Adverse environmental impacts have been mitigated: A determination of non - significance was issued for the proposal on the basis of finding no significant environmental impacts. Staff's review of submitted environmental information indicated the recommendations of the soils enginer and traffic engineer will be followed to reduce any rela- tive impacts of the proposal. However, at some time the City may have to consider appropriate improvement of 56th Ave. So. to improve its traffic carrying capacity. Page 6 C E. Criteria (TMC 18.46.110(4)(E): Compliance of the proposed PRO to the Provisions of this chapter: The proposal complies with this chapter. F. Criteria (TMC 18.46.110(4)(F): Time limitations, if any, for the entire development and specified stages: Two stages of development of the property are proposed. Phase one, the easterly units, will be constructed this year. Phase two will follow in 1986. Planned Residential Development Purpose: TMC 18.46.010: A. Purpose TMC 18.46.010(1): Promote the retention of significant features of the natural environment, including topography, vegetation, waterways and views: Existing topography is essentially preserved in overall form by the pro- posal. However, the little existing vegetation is to be removed. Perhaps some of the few existing trees can be saved, but these need to be located on the site plan to facilitate this determination. B. Purpose TMC 18.46.010(2): Encourage a variety and mixture of housing types: The proposal includes one and two bedroom apartments within two building designs. This questionably represents "variety and mixture." C. Purpose TMC 18.46.010(3): Encourage maximum efficiency in the layout of streets, utility networks, and other public improvements: The site plan is an efficient design of vehicular circulation responsive to existing conditions. Utility plans were not provided, but the site plan facilitates efficient planning of this location. D. Purpose TMC 18.46.010(4): Create and/or preserve useable open space for the enjoyment of the occupants and the general public. A significant amount of open space and recreation area is provided on the site for the tenants of the development. At least 34,380 sq. ft. is useable for recreation purposes. Additional area is designated as open space. While the "general public" may not have access to the proposal, the public will enjoy viewing the amenities. Exhibit A BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH 137TH STREET (FORMERLY. LEMON ROAD) PRODUCED NORTH 74'04' EAST AND THE NORTHEASTERLY LINE OF 56TH AVENUE SOUTH (FORMERLY LEMON ROAD),: WHICH POINT IS DESCRIBED AS THE POINT OF BEGINNING IN: THAT CERTAIN CORRECTION DEED DATED DECEMBER 26, 1903, AND RECORDED JANUARY 22, 1904, IN VOLUME 362 OF DEEDS, PAGE 625, RECORDS OF THE AUDITOR OF KING COUNTY, STATE OF WASHINGTON; THENCE SOUTH 45'49' EAST ALONG SAID NORTHEASTERLY LINE OF 56TH AVENUE SOUTH 275 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 74'04' EAST ' 125 FEET; THENCE SOUTH 45'49' EAST 162.435 FEET; THENCE SOUTH 65'58'45" WEST 115.96 FEET; THENCE NORTH 45'49' WEST 181.25 FEET TO THE TRUE POINT OF BEGINNING, IN KING COUNTY, WASHINGTON: ALSO; BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF•SOUTH 137TH'STREET • (FORMERLY LEMON ROAD) PRODUCED NORTH .74°04' EAST AND THE NORTHEASTERLY LINE OF 56TH AVENUE SOUTH. (FORMERLY LEMON: ROAD) WHICH •POINT IS DESCRIBED • AS THE POINT OF BEGINNING. IN•THAT CERTAIN CORRECTION DEED DATED DECEMBER 26, 1903 AND RECORDED 'JANUARY 22, •IN VOLUME 362'OF DEEDS, PAGE 625, RECORDS OF THE AUDITOR OF:KING COUNTY, STATE OF WASHINGTON; THENCE NORTH 74'04' EAST ALONG SAID SOUTHERLY LINE OF SOUTH .137TH STREET (FORMERLY LEMON. ROAD) PRODUCED 125 FEET TO THE TRUE POINT OF BEGINNING;' THENCE. CONTINUING NORTH 74'04' EAST 180.204 FEET, TO THE. SOUTHWESTERLY LINE OF INTERURBAN. AVENUE SOUTH, A STATE HIGHWAY; THENCE SOUTH 44 °51' EAST ALONG • SAID .SOUTHWESTERLY LINE 407.32 FEET; '.THENCE SOUTH'65 °58'45" WEST 161.64 FEET;: THENCE NORTH 45 °49' WEST 437.44 'FEET TO THE TRUE POINT OF BEGINNING EXCEPT THAT'PORTION THEREOF LYING NORTHEASTERLY •OFA LINE.PARALLEL AND 133.50 FEET NORTHEASTERLY OF, AS,.-MEASURED AT RIGHT. ANGLES TO THE AFORESAID. NORTHEASTERLY MARGIN OF 56TH •AVENUE. SOUTH, .(FORMERLY.'LEMON ROAD) ; . AND ' IN; Exhibit A Ord, #1369 TUKWILA CITY COUNCIL REGUL MEETING October 7, 1985 `� " Page 3 PUBLIC HEARING - Contd. Annexation of a parcel of Prop. adj. to 42nd Ave. S. & S. 133rd St. (Fostoria Park) - contd. Planning Comm.. s30 Mr. Jerry Knudson, 6421 South 143rd Place, said he is a partner in the property across the street. As a property owner, he feels very strong that they would welcome the annexation, of'the property to the east into Tukwila. There are some strong points into coming into Tukwila. They have rules and regulations much tougher than what the County has to offer. They do not oppose the annexation of the property in question into Tukwila. Mr. Don Radford said he is part -owner of the property at 13308 42nd Avenue South. There has been a lot of discussion concerning the trucks. I have lived on that access for five years and have not seen that many trucks on 42nd or Macadam. I do not think the objection for the trucking should be consi- dered a major problem. There should not be trucks up and down Macadam, it was not designed for trucks. This should have no bearing on the annexation. Mr. Peterson, 13305 42nd Avenue South, said he is not against the annexation to Tukwila. I have to agree that 42nd and Macadam is not for trucks. I would like to see the area cleaned up and . see that the larger vehicles stay on 133rd and the road below. I would like to see it annexed. 7:50 p.m. There being no further comment, Council President Bauch closed the Public Hearing. MOVED BY BOHRER, SECONDED BY MORGAN, THAT THE CORRECT DOCUMENTS BE DRAWN UP TO ACCEPT THE ANNEXATION AND THAT THIS ITEM BE PUT FORWARD TO A FUTURE COMMITTEE OF THE WHOLE MEETING AT THE COUNCIL PRESIDENT'S DISCRETION. MOTION CARRIED. Council Member Phelps commented that an issue that keeps coming up is the concern over the trucks that miss their turns and find their way into the neighborhood where they should not be. She asked to have the Public Works Department look into the signage within the City Limits. Maybe some directional signage might help. Council President Bauch said we need to confirm that the Air Freight Company is keeping to their time limit and to the size of the trucks they agreed upon. MOVED BY HARRIS, SECONDED BY SIMPSON, THAT THE AGENDA BE REVISED TO HEAR ITEM 9(C) AT THIS TIME. MOTION CARRIED. Revise Agenda. -- /; � \ ' Dev proposal for_,Gp. Brad Collins, Planning Director, said this is a continuation of 5. Proj . w /summary ofF a discussion started September 16 on a development proposed by soils & traffic repqrts.Group 5 under Planned Residential Development in the zoning Council to consider/ code. At that time Council requested additional information request & act upon: about soils and traffic which is included in the Staff :recommendation of Memorandum dated October 2, 1985. Staff's Conclusions were as follows: Soils information indicates that normal excavation, landfill, foundation construction and drainage are adequate for the proposal. The recommendations of the soils engineer will be followed, but the Building Official can and may also require a construction bond for the project and /or a resident inspector on the site during any construction activity. This will adequately safeguard the hillside and ensure approval plans are followed. Traffic added to adjacent streets can be absorbed without creating problems or undue delays. At least the traffic projection numbers so indicate. However, adjacent residents can reasonably be expected to notice the additional traffic. Previous proposals are reflected in the current application to a great extent. That the Council approved 76 units in 1981, prior to adopting the current Zoning Code, does not prejudice current 103 unit proposal via the new planned residential development (PRD) procedure. The proposal has far less density than the PRD will allow by at least 20 %, and a significant increase in recreation space and facilities occurred. TUKWILA CITY COUNCIL REGUI MEETING October 7, 1985 Page 4 Dev. proposal for Grp. 5 Proj. w /summary of soils & traffic reports. Council to consider request & act upon recommenda- tion of Planning Comm. - contd. RECESS 8 15 - 8:20 P.M. OLD BUSINESS 1986 -1991 CIP Proposed Res. Council Member Harris said the Transportation Committee is recommending that 56th Place be broughtforward to the 1986 Residential Street Program. Council President Bauch called the Regular Meeting back to order with Council Members present as previously reported. ,107 Council Council Member Phelps asked for research on conditions or special comments that came out of the previous waiver process. MOVED BY BOHRER, SECONDED BY DUFFIE, THAT COUNCIL RECESS FOR FIVE MINUTES TO ALLOW TIME TO RESEARCH THE PREVIOUS CONDITIONS. MOTION CARRIED. Mr. Collins reported on his research. Mr. Rick Ryerson, 13939 SE 47th Street, Bellevue, said he is developer /owner. They are planning to have all of the work completed within 12 months. He wanted to do all of the excavating of the site to begin with and build the lower units first through the winter. With time getting so short, they may wait until spring. To not do all of the site work at once would be a lot of extra expense. MOVED BY MORGAN, SECONDED BY PHELPS, THAT COUNCIL ACCEPT THE FINDINGS, CONCLUSIONS NO. 2 AND 3 AND THE RECOMMENDATIONS OF THE PLANNING COMMISSION IN THE STAFF REPORT OF AUGUST 22, 1985 AND THE LETTER FROM RICK .ER DATED AUGUST 23, 1985. * MOVED BY HARRIS, SECONDED BY SIMPSON, THAT CONDITION NO. 7 BE ADDED SO THAT THE DEVELOPER WOULD PARTICIPATE IN AN L.I.D. WHEN THE STREET IS UPGRADED. ** Attorney Haney suggested that the ownerssign an agreement that they will not protest the formation of an L.I.D. ** MOTION CARRIED, WITH DUFFIE VOTING NO. * MOTION CARRIED, WITH DUFFIE VOTING NO. Attorney Haney said that a PRD is a rezone of property because it imposes use restrictions on a particular piece of property, because of this, he recommended that Council pass an ordinance approving the PRD. MOVED BY MORGAN, SECONDED BY PHELPS, THAT ADMINISTRATION DRAFT AN ORDINANCE FOR APPROVAL OF THE PLANNED RESIDENTIAL DEVELOPMENT TO BE PRESENTED AT THE NEXT COUNCIL MEETING AT THE COUNCIL PRESIDENT'S DISCRETION. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY BOHRER, THAT ADMINISTRATION TAKE A LOOK AT THE INTERURBAN AVENUE ACCESS AND THE 56TH AVENUE SOUTH ACCESS, THE DECELERATION LANES WE HAVE DISCUSSED AND INCLUDE A BRIEF REPORT WHEN THIS COMES BACK TO COUNCIL. * Council Member Phelps said that the site plan shows the right angle turns off of Interurban and the distance from the proposed signal. She would like to be sure these are covered. Councilman Bohrer wants to be sure 56th Avenue is included. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Haney read, by title only, a resolution of the City Council of the City of Tukwila, Washington, adopting a 1986 -1991 Capital Improvement Plan for the City. TUKWILA CITY COUNCIL REGULAR MEETING September 16, 1985 Page 2 CONSENT AGENDA - Contd. , PUBLIC `HEARING Approve =Pl anned Residential <Dev. locatedacross from Fo - - Goi f .Course. Cw. d. A resolution of the City of Tukwila fixing the time for a Public Hearing upon a petition for vacation of certain public right -of -way within the City of Tukwila generally described as South 151st Street east of 52nd Ave. South. e. An ordinance of the City of Tukwila vacating certain property located within the City dedicated for street purposes generally described as South 152nd Street, east of 58th Ave. South, amending the official street map of the City. The ordinance summary is included. MOVED BY DUFFIE, SECONDED BY SIMPSON, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. * Council President Bauch asked to have 7(e), Ordinance vacating property described as South 152nd Street, east of 58th Avenue South, withdrawn from the Consent Agenda. Councilman Bohrer asked to have 7(c), Addendums #1 and #2 to the Final Location and Feasibility Study and Regional Travel Impacts Report for the South 188th Connector, withdrawn from the Consent Agenda. * MOTION CARRIED. Mayor Van;; Dusen .,declared the Public Hearing. open ` for i on of an application for a Planned Residential Development requested by Group 5 Apartments. . Rick Beeler, Planning Department, reviewed the proposal. It is the first Planned Residential Development application since adoption of the current Zoning Code. The application is for an 104 -unit apartment complex to be developed in two phases on a 42 -acres tract of land across Interurban Avenue from Foster Golf Links. The front area along Interurban is zoned C -2 and the up- hill portion next to 56th Avenue South is zoned R -3. After holding a public hearing the Planning Commission and Board of Architecture Review recommended that the City Council approve the application subject to certain conditions. Generally the site is fairly steep and the apartment units are proposed in two rows running parallel with the property and topography. The easterly row of building (56- units) will feature basement covered parking, while the upper 48 -units will have on -grade uncovered parking. The overall proposal conforms to the applicable criteria. The landscaping plan was sufficient to demonstrate conformance with the Zoning Code requirements. There is more than enough recreation space provided. Pedestrian access to Interurban from the upper units has been provided. Access to the upper units will be along 56th Avenue South at two points. Councilman Duffie expressed concern about the access to the upper property. It was noted that there is no way of making an access through the property because.of the grade. Council Member Morgan expressed concern with the findings under Item J, Page 5. "The major environmental impacts assoc- iated with this proposal is the grading of the property which includes total disruption of existing vegetation. The soils consultant has indicated that this presents no problem for development as long as their recommendations are followed." She was concerned about who will enforce this, it seems that there are no conditions placed on this during the permitting process. Mayor Van Dusen said the inspection procedures are very good since the last problem with a development. Mr. Beeler said that the soils report included in the environmental review will be followed. Depending on the actual grading plan, additional information may be required. TUKWILA CITY COUNCIL REGULKR MEETING September 16, 1985 Page 3 PUBLIC HEARING - Contd. Approve Planned Residential Dev. located across from Foster Golf Course - contd. 8:10 P.M. Councilman Bohrer asked if there would be a bond required to assure that. if the conditions of this agreement are not satisfied the bond will be forfeited. He said he would like to see a Construc- tion Bond required. Councilman Bohrer questioned the density of the R -3 area. Mr. Beeler explained that the P.U.D. Ordinance averages the density over the wholesjte and the overall density permitted is 111 units. The applicant is proposing 104. Attorney Haney noted that the T.M.C. requires` surety for 'staging' a project under a P.R.D. COUNCIL MEMBER HARRIS ARRIVED AT THE MEETING. Mr. Ron Healey, architect for the project, 10620 NE 8th, Bellevue, reviewed the conditions placed on their project and the plans they have to comply with them. The pedestrian linkage is difficult to address until they get further into the project. There are some nice trees along 56th Avenue that will be retained along with a few others throughout the project. A traffic impact analysis was done that is on file with the Planning Department: Soil conditions are a concern on this site. There were 20 test pits dug on the site and two deep borings of about 24 feet. They intend to stake the proposed building locations and dig new test pits. The soil conditions vary throughout the site. There will be a Soils Engineer involved in the process. Mr. Healey explained that they would like to excavate the entire site at one time so they can use the excess material from the upper area as fill dirt on the lower site. If this is not possible they will be required to bring fill in on the lower portion and haul away the excess from the upper portion. Rick Ryerson, owner, 13939 SE 42nd Street, Bellevue, said that they have used earth consultants who have done an extensive report and during construction they will be monotoring. They have an erosion control plan which includes maintaining surface water. They are proposing to develop in two phases, the lower first which is more feasible for winter construction. The proposed has 48 -units above and 56 below. Council Member Morgan said the City ought to consider an additional condition related to excavation or grading. Mr. Beeler explained that at this time the City is not committing to excavation on Phase II in order to balance the needs for Phase I. Attorney Haney explained that there are specific safeguards laid out in the P.R.D. process: 1. Requiring sufficient surity to provide that entire P.R.D. will be completed according to plan. 2. Provision for minor and major adjustments. If the applicant wishes to make major changes the revised plan must be approved. If they deleted half of the project, it would be a major change. 3. They must commence construction within 12- months of getting PRD approval or request an extension in writing. If construc- tion is not begun within 18- months the zoning shall revert to the original zoning. Mr. Ray Vomenici, 7804 South 135th Street, Seattle, said they have a business license in Tukwila for their 7 -unit apartment on 56th Avenue South. In 1967 they received a permit to install a sewer line across 420 feet of the property under discussion. It is in the area proposed as part of the excavation. They also installed side sewers for the Kay and Malone properties. Before starting the excavation the line should be surveyed and an assur- ance made that the service will not be interrupted. If it requires a secondary line to be installed, it should be done prior to the second phase of the project proceeding. We will hold the City responsible for surveying the line, maintaining surveillance of the service of the line and /or providing an adequate secondary line. TUKWILA CITY COUNCIL. REGULA MEETING September 16, 1985 Page 4 PUBLIC HEARING - Contd. ' Approve Planned Residential Dev. located across from Foster Golf Course - contd. OLD BUSINESS (7e) Ord. #1362 - vacating certain property located within the City described as S. 152d east of 58th Ave. S. Ord. #1362 - Summary There being no further comment, Mayor Van Dusen closed the Public Hearing. Council Member Phelps asked to have a summary of the traffic study and the impacts contained in it and of the soils study made up as a Staff Report. Also, she asked to have some research done into the previous project that was before the City Council at one time. MOVED BY PHELPS, SECONDED BY SIMPSON, THAT THIS BE PLACED FORWARD TO A FUTURE COMMITTEE OF THE WHOLE AGENDA WHEN THE INFORMATION IS AVAILABLE AT THE DISCRETION OF THE COUNCIL PRESIDENT. MOTION CARRIED.. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Don Morrison, City Administrator, read by title only an ordinance vacating certain property located within the City dedicated for street purposes generally described as South 152nd Street, east of 58th Avenue South, amending the official street map of the City. MOVED BY BAUCH, SECONDED BY PHELPS, THAT ORDINANCE NO. 1362 BE ADOPTED AS READ. * MOVED BY BOHRER, SECONDED BY SIMPSON, THAT SECTION TWO OF THE ORDINANCE BE REVISED TO DEDICATE A 20 -FOOT UTILITY AND FIRE LANE EASEMENT. ** Councilman Bohrer said the people at Sunwood need to understand that this provision is very similar to one being provided for their benefit and to be used only in an emergency situation. Council Member Phelps said because we have a concentration of high density, multi - family housing in the City a more rationale approach might be to study the area and look for opportunities for better fire protection where fire lanes might be installed. Maybe fire lanes in general for multi- family areas should go in the Public Safety Committee. Byron Sneva, Public Works Director, said the City would need to acquire an easement from Sunwood for the utilities. MOVED BY MORGAN, SECONDED BY DUFFIE, THAT THE MOTION BE AMENDED TO POSTPONE LOOKING AT THIS UNTIL THE NEXT MEETING AND HAVE THE SUNWOOD RESIDENTS NOTIFIED BY LETTER OF THIS PROPOSAL FOR A FIRE LANE SO THEY CAN ATTEND THE MEETING AND HEAR THE DISCUSSION. * ** * ** MOTION FAILED, WITH BOHRER VOTING YES. ** ROLL CALL VOTE: BOHRER, DUFFIE, SIMPSON VOTING YES; HARRIS BAUCH, PHELPS, MORGAN VOTING NO. MOTION FAILED - 4 NO; 3 YES. * MOTION CARRIED, WITH BOHRER, DUFFIE, SIMPSON VOTING'NO. MOVED BY HARRIS, SECONDED BY MORGAN, THAT A STUDY ON NECESSARY FIRE LANES GO INTO THE PUBLIC SAFETY COMMITTEE. MOTION CARRIED. Council Member Morgan expressed her concern that the issue of the fire lane is alive and well and pending further information, it should be considered as development of the property proceeds. MOVED BY BAUCH, SECONDED BY HARRIS, THAT THE ORDINANCE SUMMARY BE ADOPTED AS PRESENTED. MOTION CARRIED. Councilman Bohrer asked to have the followng inserted in the record: Section 2.04.160 of the Council Procedures Ordinance - Section E, says: "All accompanying documents shall be available before ordinances and resolutions can be passed." There is an August 23, 1985 Dear Ron: City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433 -1800 Gary L VanDusen, Mayor Ron Healey John Anderson and Associates 10620 NE 8th Bellevue, WA 98004 RE: Group 5 Apartments - 85 4 -'RD and DR -13 -85 This letter is formal notification of the Board of Architure approval of the proposed design and the Planning Commission recommendation to the City Council of approval of the Planned Residential Development. The actions were subject to the following conditions: 1. Diversifying the building designs and locations to create a less monotonous visual image and a diversity of designs. 2. Provision of pedestrian linkages between 56th Avenue South and Interurban Avenue South throughout the proposal as approved by the Planning Department. 3. Location of existing substantial trees on the site plan, and modification of the site plan to retain some of these trees to the greatest extent possible, subject to review and approval of the Planning Department. 4. The landscaping plan include vegetation of sufficient size to accomplish the criteria and conclusions contained herein. 5. Verification of sufficient tap water pressure by the Public Works Department. 6. Verification by the Fire Department of the vinyl siding toxicity being within safe levels. As I mentioned on the phone today, TMC 18.90.020 stipulates a ten -day appeal period for this action. Upon expiration of the appeal period the City Council may take final action on the PRO. . '* Mayor Rick Ryerson 4 ;1908 City �o�f Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433-1800 Gary L VanDusen, Mayor TUKWILA PLANNING COMMISSION Minutes of the August 22, 1985, Planning Commission meeting. Chairman Knudson opened the public hearing. Chairman Knudson called the meeting to order at 8:05 p.m. Other Commissioners present were Mr. Sowinski, Mr. Coplen, Mr. Orrico, and Mr. Mckenna. Representing staff were Rick Beeler and Becky Kent, Planning Department. APPROVAL OF MINUTES MR. LARSON MOVED TO APPROVE THE JULY 25, 1985, PLANNING COMMISSION MINUTES. MR. MCKENNA SECONDED THE MOTION WHICH PASSED UNANIMOUSLY. PUBLIC HEARING A. DR- 13 -85, 85- 29 -PRD: Ryerson, requesting approval of planned residential development of a 103 unit apartment complex consisting of 10 apartment buildings and a club house, at approximately South 137th Street and 139th Street South west of Interurban Avenue South. Mr. Orrico stated he lived in the Terrace Apartments, across the street from the property, and had no interest in the proposal and felt he could act upon the application. Ron Healy, Jon Anderson & Associates, described the building elevations, security of the complex, fencing, vinyl siding of the buildings, pedestrian access and density. Meryle Skare, 13712 57th Avenue So., stated her concern with the water pressure on the hill. Mr. Beeler said the Public Works Department would require conformance with the Comprehensive Water and Sewer Plan and that a fire flow test would be required prior to occupancy of the project. Kay Skare, 13712 56th Avenue So., stated her concern with the property line location in relation to their lot. Tukwila Planning Com' .iss ion Minutes, August 22, 1 op Page 2 MOTION ENCOMPASSED BOTH THE THE APPLICATIONS MR. LARSON SECONDED THE MOTION. MAIN MOTION PASSED UNANIMOUSLY. Mr. Beeler stated that during the building permit process the property would have to be surveyed and staked to measure setbacks. Rick Ryerson, 13939 S.E. 47th Avenue, Bellevue, applicant, said he would be happy to set property stakes for the neighbor. He described the proposal, specifically the vinyl siding that is proposed to be used on the buildings and water pressure. Chairman Knudson closed the public hearing. The Commission discussed pedestrian linkages, trees on the site, toxicity of the vinyl siding, building design, and stability of the hillside. MR. ORRICO MOVED TO ACCEPT THE FINDINGS AND CONCLUSIONS AS PRESENTED IN THE STAFF REPORT AND REVISED, AND RECOMMEND APPROVAL OF THE PROPOSAL SUBJECT TO THE FOLLOWING CONDITIONS: 1A. DIVERSIFYING THE BUILDING DESIGNS AND LOCATIONS TO CREATE A LESS MONOTONOUS VISUAL IMAGE AND A DIVERSITY OF DESIGN. 1B. PROVISION OF PEDESTRIAN LINKAGES BETWEEN 56TH AVENUE SOUTH AND INTERURBAN AVENUE SOUTH THROUGHOUT THE PROPOSAL SUBJECT TO PLANNING STAFF'S APPROVAL. 2. LOCATION OF EXISTING SUBSTANTIAL TREES ON THE SITE PLAN AND MODIFICATION OF THE SITE PLAN TO RETAIN SOME OF THESE TREES TO THE GREATEST EXTENT POSSIBLE SUBJECT TO REVIEW AND APPROVAL OF THE PLANNING DEPARTMENT. 3. THE LANDSCAPING PLAN INCLUDE VEGETATION OF SUFFICIENT SIZE TO ACCOMPLISH THE CRITERIA AND CONCLUSIONS CONTAINED HEREIN. 4. VERIFICATION OF SUFFICENT TAP WATER PRESSURE BY THE PUBLIC WORKS DEPARTMENT. MR. SOWINSKI MOVED TO AMEND THE MOTION TO ADD A RECOMMENDATION #5, VERIFICATION BY THE FIRE DEPARTMENT OF VINYL SIDING TOXICITY BEING WITHIN SAFE LEVELS. MR. LARSON SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. CITY COUNCIL ACTIONS Mr. Beeler briefed the Commission on the McMicken annexation approval, Capital Improvement Program, annexations, and urban devel,pment Phase II. Ri Beeler Secretary Tukwila Planning Comic ;ion Minutes, August 22, 1 d5 Page 3 ADJOURNMENT MR. ORRICO MOVED TO ADJOURN. MR. COPLEN SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. TUKWI COMMISSION BLK (MNTS.A(JG22) August 22, 1985 a City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433.1800 Gary L VanDusen, Mayor 139 -2'3 TUKWILA. PLANNING COMMISSION AGENDA I) CALL TO ORDER II) APPROVAL OF MINUTES: July 25, 1985, and August 8, 1985 III) PUBLIC HEARINGS A. • • R erson requ development of a 10 apartment b and 139th Street e IV) BOARD OF ARCHITECTURAL REVIEW nd V) OTHER BUSINESS VI) CITY COUNCIL ACTIONS VII) CITIZEN COMMENT (for items not appearing on this agenda) VIII) ADJOURNMENT 8 :00 p.m. sting approval of a planned residential apartment complex consisting of 10 a club house, at approximately South 137th South west of Interurban Avenue South. A. DR- 13 -85: Ryerson, requesting approval of a planned residential development of a 103 unit apartment complex consisting of 10 apartment buildings and a club house, at approximately South 137th Street and 139th Street South west of Interurban Avenue South. CI T Y OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT 85- 29 -PRD, DR- 13 -85: GROUP FIVE AGENDA ITEM INTRODUCTION A ten - building, :104 unit apartment complex is proposed to be constructed in two phases by Group Five along the westerly side of Interurban. Avenue between what would be 137th and 139th Avenue South. The 4.55 acre parcel is zoned C -2 (Regional Retail Business) on the westerly half of the site and R -3 (Multi Family Residential) along the easterly half of the site. The proposal requires approval of a Planned Residential Development and the Board of Architectural Review and the property lies in the Interurban Special Review District. FINDINGS 1. Generally the site is predominantly a fairly steep slope (averaging 45% and maximum of 90 %), except for a generally level portion at the southwest and northwest corners of the site (Exhibit A). Apartment units are proposed in two rows running parallel with the property and topography (Exhibit B). The westerly row of buildings will feature basement covered parking, while the upper (westerly) units will feature on grade uncovered parking (Exhibit C). The easterly units will be two stories with basement consisting of a total of 56 dwelling units (Exhibit D). The uphill westerly 48 units will be of a slightly less building mass (Exhibit E ). Landscaping of the site con- sists of perimeter and interior landscaping (Exhibits F & G). A recreation building, pool, sport court and grass play area are featured at the southerly corner of the site (Exhibit B & H). The topography of the site constrains access for the easterly units to two points on Interurban Avenue South (Exhibit B). Access to the westerly units is from two points on 56th Avenue South. Directly to the north and across Interurban Avenue South is located the Foster Golf Links Public Golf Course, and directly westerly of the site and across 56th Avenue South is the existing multi - family development of the Terrace Apartments. Interurban Avenue South consists of two lanes in each direction. A single lane in each direction within a 30 -foot right -of -way is improved in 56th Avenue South. Parking for 208 cars is provided including 56 covered parking stalls. For the westerly, or upper, 48 apartment units a total of 96 parking stalls are pro- vided per TMC 18.56.050. For the easterly 56 dwelling units a total of 112 parking stalls are provided. Vehicular connection between the two parking Page -2- Planning Commission 85 -29 -PRD, DR- 13 -85: GROUP FIVE August 22, 1985 areas is not included in the site plan. The westerly 56 apartment units con- tain 7 one - bedroom units and 49 two - bedroom units. The easterly 48 apartment units are comprised of 24 one - bedroom units and 24 two - bedroom units. Building materials will consists of dark gray or black composition shingle roofs, gray or light blue vinyl siding, white trim and windows, and gray or light blue railings and lattice. Exterior illumination is not indicated on the site plan. 2. Various mutliple family development proposals have been sought on the pro- perty, the latest of which featured a combination of multiple family and offi- ces (81- 12 -W). 3. Since the proposal lies within the Interurban Special Review District, the BAR must review the proposal per the criteria of.: TMC , '18.60.050 and 18.60.060 (TMC 18.60.030(2)(e)). 4. The proposed Planned Residential Development (PRD) requires approval per the criterial of TMC 18.46.110(4). 5. The proposal complies with the landscaping and recreation space requirements of TMC 18.52.020 and .060. Preliminary calculations indicate that 20,600 square feet of r:ecr.ation space is required (103 x 200 square feet = 20,600 square feet). Required landscaping areas constitute a total of 19,941 square feet, of which 10%, or 1,994 square feet, may be credited to the recreation space r.equirement,- thereby yielding a 18,606 square feet of recreation space required. The pro - posal provides a total. of, 34,300 square feet of open fairly level lawn areas, sport court, pool and recreation building. Therefore, the recreation require- ments appear to be met in the proposal. 6. The Environmental Checklist (EPIC- 277 -85) indicates the recommendations of the geotechnical consultant will be followed in the development on this property. A determination of non - significance was issued for the proposal per the state Environment Policy act of 1971, as amended. CONCLUSIONS 1. BAR Criteria TMC 18.60.050 and 18.60.060(4): A. Criteria TMC 18.60.050(1): Relationship of Structure to Site The proposal provides the normal landscaping transition from Interurban Avenue South and 56th Avenue South. Sidwalks will be required along both streets, however, additional pedestrian. pathways.through'and. inside the development appear needed-6660-Wit the southerly portions of the pro- perty and around the recreation building. Walkways or pathways from the upper westerly units to the lower easterly units occur at only three Page -3 - Planning Commission 85- 29 -PRD, DR- 13 -85: GROUP FIVE August 22, 1985 locations. Additional pedestrian linkage should occur due to the reaso- nably anticipated pedestrian usage of the westerly upper units of the recreation facility at the southerly portion of the site and Interurban Avenue South where public transit may be utilized. The parking areas in the proposal run almost the full length of the site with only slight interruption by landscaping along the westerly portions of the site. This design does not appear to "...moderate the - visual impact of large paved. areas. " Therefore, the parking layout should be revised to better minimize this visual impact. Due to the topography of the property, the lower easterly units will be located such that the roofs will be below the existing grade elevation of 56th Avenue South. The roofs of the westerly upper units appear to extend approximately 10 feet above the existing grade elevation of this street. Such location of these buildings on the steeply sloped property is an appropriate site plan considering the westerly abutting properties. The overall visual impact on the easterly abutting public golf course will be the appearance of essentially a continuous wall of development. While this visual image of the multi family units carved into the hillside may appear startling upon initial development of the proposal, maturation of landscaping will substantially reduce this impact over time. This does not appear to be an unreasonable projected impact of the proposal. B. Criteria TMC 18.60.050(2): Relationship of Structure and Site to Adjoining Area The proposal appears to present to Interurban Avenue South a design that overall is harmonious in the design, materials and colors. Landscaping which is appropriate to the adjoining properties is provided. A traffic engineering report indicates safe and adequate access to Interurban Avenue South and 56th Avenue South. These streets will adequately accom- modate the increased traffic. However, 56th Avenue South will function near to capacity. C. Criteria TMC 18.60.050(3): Landscape and Site Treatment The final grading of the site appears to essentially clear the site of all existing vegetation. The final grades create some level areas, par- ticularly where landfill is necessary at the southerly corner of the site. The overall impact of grading appears to be of producing "...an inviting and stable appearance." The landscape plan appears to treat Interurban Avenue South as a formal street via regularly spaced deciduous trees. Due to the desirable vista from the property to the east, a public golf course and Duwamish River environment, landscaping along this street should be compatible with the Page -4- Planning Commission 85- 29 -PRD, DR- 13 -85: GROUP FIVE August 22, 1985 City's future plans for improvement and landscaping of Interurban Avenue South. Within the site the landscaping appears to soften the overall impact of the buildings and appears to consider the view potential from the westerly uphill units. Exterior lighting details were not provided, thereby preventing review at this time. If the applicant can provide these details or a general description of sufficient detail in the public meeting, final review and approval of the exterior illumination could be deferred to the Planning Department. D. Criteria TMC 18.60.050(4): Building Design The proposed buildings are compatible in scale with existing commercial, multi family residential and single family residential development in the area, of which multiple family residential predominates the westerly area of the property and the golf course and commercial development dominates the more easterly areas of the property. The design components of the individual buildings display "...good proportions and relationship to one another." The colors chosen of the dark gray or black roof, gray or light blue vinyl siding, white trim and white lattice and railings, and white window trim are "harmonious" with each other. Details of exterior illumination were not provided, but should be "harmonious" with the pro- posed building design. Sufficient "variety and detail" in terms of building form and massing is provided on the site between the upper westerly units and the lower easterly units. The two types of units are dissimilar. Perhaps the major criticism of the lower easterly units is the essentially straight line of the same design with a' great deal of regularity without significant interruption. This could present a mono - tonous appearance to Interurban Avenue South and the public golf course facility. E. Criteria TMC 18.60.050(5): Miscellaneous Structure and Street Furniture Dumpster locations indicated on the proposal are enclosed on three sides by an unspecified fence. The design, composition and colors of this fence should be discussed for determination of their acceptability. F. Criteria TMC 18.60.060(4)(a): Proposed development design should be sen- sitive to the natural amenities of the area The essentially repetitive pattern of the proposed units in the develop- ment and the essentially uninterrupted large linear parking areas are questionably "sensitive" to the easterly public golf course facility and the Duwamish River environment. Breaking up the units, particularly of the easterly lower level, and varying the spacing between the buildings will reduce the overall visual impact of the development. Further enhancing this image would be exploring landscaping areas for significant contribution to the interruption of the site plan. Page -5- Planning Commission 85- 29 -PRD, DR- 13 -85: GROUP FIVE August 22, 1985 G. 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 As mentioned in the previous finding the repetitive, monotonous plan of the property imposes upon the easterly public golf course facility. The aforementioned recommendations will substantially reduce this impact. H. Criteria TMC 18.60.060(4)(c): Proposed development should provide for safe and convenient on site pedestrian circulation Since vehicular access from the easterly lower level and Interurban Avenue South is prevented to and from the upper westerly units, the con- venience and normally anticipated access to and from these uphill units is precluded. In addition, the proposal contains minimal pedestrian linkages between the upper and lower units and to Interurban Avenue. I. 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 location of the proposed buildings and the landscaping provided pro - duces overall general compatibility with "neighboring uses" which are relative to the westerly existing multi family development. However, the repetitive nature of the site plan raises the the question of com- patibility with the easterly public golf course facility and Duwamish River environment. Otherwise the proposal is "...complimentary to the district..." of the C -2 and R -3 zone. The development reflects the nor- mally expected and experienced development within these zones, par- ticularly in the situation of the narrow trapazoidial configuration of the subject site. J. Criteria TMC 18.60.060(4)(e): Proposed development should seek to mini- mize significant adverse environmental impacts The major environmental impacts associated with this proposal is the grading of the property which includes total disruption of existing vege- tation. The soils consultant has indicated that this presents no problem for development as long as their recommendations are followed. The applicant has indicated these recommendations will be followed thereby minimizing the environmental impact. In addition, the impact of cir- culation and access to and from the property, particularly 56th Avenue South, during the normal daily activities of the uphill westerly units presents concerns to staff relative to impacts on adjacent streets. The optimum solution would be to provide total access of the units to Interurban Avenue South. However, topography precludes this alternative. K. Criteria TMC 18.60.060(4)(f): Proposed development should demonstrate due regard for significant historical features in the area Page -6- ... Planning Commission 85- 29 -PRD, DR- 13 -85: GROUP FIVE August 22, 1985 As mentioned earlier, the development should be more sensitive to the Foster Golf Course facility which represents an "historical feature" to the community. 2. Planned Residential Development Criteria TMC 18.46.110(4) A. Criteria (TMC 18.46.110(4)(A): Suitability of the site area for the pro- posed development Existing topography of the site lends itself to the proposed site plan which for the most part works well with the slopes. Soil conditions sup- port the development. Surrounding streets will handle resulting traffic. Adjacent land uses and zoning are compatible or already exist in a semi - compatible situation. B. Criteria (TMC 18.46.110(4)(B): Requirements of the subdivision code for the proposed development Subdivision of the property is not proposed. C. Criteria (TMC 18.46.110(4)(C): Reasons for density bonuses as listed in Section 18.46.070: f_... --- .fir. -_ „� ` • Y ..�I ti w,.. C .J k" ensity bonus of 27 units is requested along the westerly R-3' zoned a, porti n of the property. This 63,383 square foot area is p'ermi tted 21 ;,: *f. units p TMC 18.50.020 but 48 units is proposed - an of 229 %. TMC 18.46. 70, permits only a 20% density increase,- or a total of 25 units provided the criteria of TMC 18.46.070(3) are met. This criteria require a "...variety of housing types..." (TMC 18.46.070(3)(A)), but the"'proposa1 provides only two different types and 'designs. Essentially all of the `little existing "natural vegetatin" will be removed which contradicts reten`tioQ of at least 15 %, per TMC 18.46.070 (3)(B). Existing "viewsP'and site topography is taken advantage of (TMC 18.46.070(3)(C)). Automobile and pedesti'ran. circulation is largely separated (TMC 18.46.070(3)(D)). Overall, the development conforms to the Comprehensive Land Use Policy Plan (TMC 18.46.1)70(,3)(E)). The "public benefit" being derived is not clear, however. (TMC 18.46.070(3)(F)). Therefore, existing information appears to indicate the. density increase is not supported to be in compliance with the cri- teria. D. Criteria (TMC 18.46.110(4)(D): Adverse environmental impacts have been mitigated: A determination of non - significance was issued for the proposal on the basis of finding no significant environmental impacts. Staff's review of submitted environmental information indicated the recommendations of the Page -7- Planning Commission 85 -29 -PRD, DR- 13 -85: GROUP FIVE August 22, 1985 soils enginer and traffic engineer will be followed to reduce any rela- tive impacts of the proposal. However, at some time the City may have to consider appropriate improvement of 56th Ave. So. to improve its traffic carrying capacity. E. Criteria (TMC 18.46.110(4)(E): Compliance of the proposed PRD to the provisions of this chapter: -E wept- -°f he -- proposed =dens.ity the row - un•i- the pro- posal complies with this chapter. F. Criteria (TMC 18.46.110(4)(F): Time limitations, if any, for the entire development and specified stages: Two stages of development of the property are proposed. Phase one, the easterly units, will be constructed, this year; Phase two will follow in 1986. 3. Planned Residential Development Purpose: TMC 18.46.010: A. Purpose TMC 18.46.010(1): Promote the retention of significant features of the natural environment, including topography, vegetation, waterways and views: Existing topography is essentially preserved in overall form by the pro- posal. However, the little existing vegetation is to be removed. Perhaps some of the few existing trees can be saved, but these need to be located on the site plan to facilitate this determination. B. Purpose TMC 18.46.010(2): Encourage a variety and mixture of housing types: The proposal includes one and two bedroom apartments within two building designs. This questionably represents "variety and mixture." C. Purpose TMC 18.46.010(3): Encourage maximum efficiency in the layout of streets, utility networks, and other public improvements: The site plan is an efficient design of vehicular circulation responsive to existing conditions. Utility plans were not provided, but the site plan facilitates efficient planning of this location. D. Purpose TMC 18.46.010(4): Create and /or preserve useable open space for the enjoyment of the occupants and the general public. A significant amount of open space and recreation area is provided on the site for the tenants of the development. At least 34,380 sq. ft. is useable for recreation purposes. Additional area is designated as open space. While the "general public" may not have access to the proposal, the public will enjoy viewing the amenities. Page -8- Planning Commission 85- 29 -PRD, DR- 13 -85: GROUP FIVE August 22, 1985 (PC.GRPFVE,PC.GRPFVE3) (5A.2) PRELIMINARY RECOMMENDATION Based on the above, staff preliminarily recommends that the Board of Architectural Review and Planning Commission approve the plan subject to: 1. Revision of the site plan to include: A. Diversifying the building designs and locations to create a less monoto- nous visual image and a diversity of designs. B. Provision of additimmadrpedestrian linkages between 56th Avenue South and . nter..ur an Ave _ enu S th throughout °the ' proposal.. h (�•44P ..C °""Reductton- ef- ddens-ity on-the. wester ali- porti to- 21'^untts: - ' l iubmiss4t otra ghting«;paiaifi " "N l: "` . ,,r ►Location of existing substantial trees on t the site plan to retain some of these treeT, gestIQU4 sp e°pKrv�t- 6 - '1 te P- z • The landscaping plan include vegetation of sufficient criteria and conclusions contained herein. EXHIBITS A Existing Zoning and Grading Plan B Site Plan C Cross - section D Building Elevations and Floor Plans E Building Elevations and Floor Plans F Landscaping Plan G Pool Landscaping Plan H Building Elevations and Floor Plans of Recreation Building ,, ., {! ite plan, and modification of Pesst6U, 5+.5874L -1 size to accomplish the of Easterly Units of Westerly Units r a a a a a . a . A p 1 Y p p p y's, C4 r.0 ti v 1 1./ o.e G �I TL� a • � LEMO M r'.R - 4 I j AGFI :LITt..AL I-1 R•1 -200 Lj SIGLE FANCY RESICE:7IAL i R-1 CL ( ) :ANGLE `At•Lr REyOENTwL 54 F:.t.4.Y REOCENTAL . U .az 5tNCiE F4N1LI PESQENTIAL RE5 14 -2 � 7 .SL' '4h•Lr 1DENnAL *•Fcc :.'.0 Fax FAt+tr RESCET114: j ) LOW :.PART AE!NTS AN WSP E RESCENCE HIGH CENSTY et? • • / , • • 9.!9 C -2 • p-I 120 I P- 1.120; �. Ay R•I.120 ,� ' 44.120' a I A R -4 C2 M -2 .z C•P C -M ■ C -P • t R -A \ ^ •\ CM .__ 1 I C -M M -2 y1 _ CM .1 S i Y L., 7 !I GM / ` T A rC077 of TOM \ 0[_ I r Ml : ,7 P i # ; .. 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Etll V ad 111111113111111 INV • •11111111111, uiar -UsIlitake NO44.4.1 '•// t•r.".)11/43 • XTU WV) LNWJvM Y11^441 Me ON • NMI MOMS IMMO • Ts so mimeo NM "W all $d •11$11•1111/ INV 1111111111111 111111i .111.1111er s4cco4-4.44 V WON wag X76i14:0 INIA41341111 NriviLeu • - 'QGC1C41 Q CoKteld LiGt71.I I u .1411-ti `�J'��•i,�;��` City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433-1800 Gary L VanDusen, Mayor Published: Record Chronicle, August 11, 1985 CITY OF TUKWILA NOTICE OF PUBLIC HEARING AND MEETING OF THE TUKWILA PLANNING COMMISSION NOTICE IS HEREBY GIVEN that the Tukwila Planning Commission has fixed the 22nd day of August, 1985, at 8:00 p.m., in the City Council Chambers of Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, as the time and place for: Public Hearing 85- 29 -PRD: Ryerson, requesting approval of a planned residential develop- ment of a 103 unit apartment complex consisting of 10 apartment buildings and a club house, at approximately South 137th Street and 139th Street South west of Interurban Avenue South. Public Meeting DR- 13 -85: Ryerson, requesting approval of a planned residential develop- ment of a 103 unit apartment complex consisting of 10 apartment buildings and a club house, at approximately South 137th Street and 139th Street South west of Interurban Avenue South. Any and all interested persons are invited to attend. • City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433.1800 Gary L VanDusen, Mayor Distribution: Mayor City Clerk Property Owner Applicant Adjacent Property Owners Applicant CITY OF TUKWILA NOTICE OF PUBLIC HEARING AND MEETING OF THE TUKWILA PLANNING COMMISSION NOTICE IS HEREBY GIVEN that the Tukwila Planning Commission has fixed the 8th day of August, 1985, at 8:00 p.m. in the City Council Chambers of Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, as the time and place for: Public Hearings 85- 22 -UUP: Seattle Rendering Works, requesting an unclassified use permit for two aerobic bio -tower filters to replace existing anaerobic filter at 5795 S. 130th P1. v / 85- 29 -PRD: Group 5, requesting approval of a planned residential development of a 103 unit apartment complex consisting of 10 apartment buildings and a club house, at approximately South 137th Street and 139th Street South west of Interurban Avenue South. Public Meetings DR- 11 -85: Jerome Matthews of Kidder, Matthews & Segner, Inc., requesting approval of a three -story office building over a one story parking garage on lot 3, Tukwila Short Plat 78 -2955 located in the southeast quadrant of the 51st Avenue South and Southcenter Boulevard intersection. DR- 13 -85: Group 5, requesting approval of a planned residential development of a 103 unit apartment complex consisting of 10 apartment buildings and a club house, at approximately South 137th Street and 139th Street south west of Interurban Avenue South. Any and all interested persons are invited to attend. Published: . • Record Chronicle, July 28, 1985 .: ' During preparation of the staff report it was discovered that this proposal. exceeded the permitted density (TMC 18.50.020) and the allowed number of units per building (TMC 18.16.020) and the allowed number of units per building (TMC 18.16.020) and did not meet the parking requirements of TMC 18.56.050. In order to resolve these deficiencies the applicant As considering applying for a Planned Residential Development (PRD) and will be revising the site plan. Therefore, it is requested that the Board's review of the proposal be continued to 8:00 p.m. on August 8, 1985. At that time the entire proposal and revised plans can be considered together. .. Ion , UN tt5 x 2S10 sq .t�Vot4 tr : 2© 4 600 . PT. M- 0 07fkicr IONS c NOT BE- 114 fkr.poikr.0 1 CI4R , D e ‘ OP ILF-QOIKED L.,6►NQSCAelwd Ct•W coo* As RP-CM/Aron/ SPhC.ia_ 5x620 = 15x 5Cn Sx 134, 5s tic) 5 215 I, 8. X l0% Icoo# 1OA 76400 x 1eb 4,15042 550 10 13150 a to% 25115 RiY,BEA Aug4 8s 10 sq .P;. 54200. M I N . (0 2:4)0 Mq?c 10 te13 sQ .PT• • I 40 1 54 6g 13/ 207o ta. '52.060 FA YIN CITY : ?F= TUKWILA PLANNING DEPT. • f f cI mot`t SPAC... t - rol) L.)f't iltfc i ON MONO foot_ vi ro c s coo R EXTV.IEN tJ PfVR. Vu cis Fitt-ID Not EA1O LOtbtx UNRS tktcyclAnow &pct. ( - rER - cam l 4) gCru t 1114 Of f fJt- c. -t CT S MAX 14, Boo 5000 to, Ooo ) 2 22 4' Ob Clb L +Ot;14Plt-IG, 2010 eft- < 1 :4 !1.30 su'E. > 1:4 to 4co 61 a4. Fr THIS OF C jP.5 - IS Sc1e4E.CT' 'tO CHA1 BASIE.O OM "'tNAL CvY ,47(1-1 6 t'CAN • .S 'RAE.. 1%*N81tRS It-1 O1cAT - n-kp ,1 t4 L)6 4 T-XGE....SS 10 CQNtra- 14 C.14N1-16V- Wir- 1AIGHT 14F. 5P'CE. RII:.Quias -me•m PER 18 • 46 .080 207o co 118„ l°l8 s 39,1310 wrM t o 5tztt. Rfsn Icr1c MS • Commitment No. : A-337873 U-2 Effective date of commitment: MAY 20, 1985 Your No. : BREWER Prepared for: GROUP FIVE PARTNERSHIP 1929 TACOMA AVE SOUTH TACOMA, WA. 98402 ATTN: JOE DEVISH Inquiries should be directed to: Ticor Title Insurance Company Attn: JIM LAME 1008 Western Avenue, Suite 200 Seattle, Washington 98104 1. Policy or policies to be issued: Fee Simple Estate SCHEDULE A A-337873 PAGE 1 American Land Title Association Owners/purchasers policy - Form B - 1970 Coverage: EXTENDED Amount : $550,000.00 Premium : $708.00 SUBDIVIDERS RATE/SHORT TERM RATE Tax : $55.93 at 8:00 A.M. DIRECT DIALING (206) 223-7898 Proposed insured: TUKWILA 103 LIMITED PARTNERSHIP TO BE FORMED, RICK RYERSON AND RYERSON GROUP INC., GENERAL PARTNERS 2. The estate or interest in the land described or referred to in this commitment and covered herein is: ALSO; A- 337873 PAGE 2 3. Title to said estate or interest in said land is at the effective date hereof vested in: CARL A. BREWER AND HAZEL M. BREWER, HUSBAND AND WIFE, AS TO THOSE PORTIONS OF PARCEL 2, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH 137TH STREET (FORMERLY LEMON ROAD) PRODUCED NORTH 74 °04' EAST AND THE NORTHEASTERLY LINE OF 56TH AVENUE SOUTH (FORMERLY LEMON ROAD), WHICH POINT IS DESCRIBED AS THE POINT OF BEGINNING IN THAT CERTAIN CORRECTION DEED DATED DECEMBER 26, 1903, AND RECORDED JANUARY 22, 1904, IN VOLUME 362 OF DEEDS, PAGE 625, RECORDS OF THE AUDITOR OF KING COUNTY, STATE OF WASHINGTON; THENCE SOUTH 45 °49' EAST ALONG SAID NORTHEASTERLY LINE OF 56TH AVENUE SOUTH 275 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 74 °04' EAST 125 FEET; THENCE SOUTH 45 °49' EAST 162.435 FEET; THENCE SOUTH 65 °58'45" WEST 115.96 FEET; THENCE NORTH 45 °49' WEST 181.25 FEET TO THE TRUE POINT OF BEGINNING, IN KING COUNTY, WASHINGTON: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH 137TH STREET (FORMERLY LEMON ROAD) PRODUCED NORTH 74 °04' EAST AND THE NORTHEASTERLY LINE OF 56TH AVENUE SOUTH (FORMERLY LEMON ROAD) WHICH POINT IS DESCRIBED AS THE POINT OF BEGINNING IN THAT CERTAIN CORRECTION DEED DATED DECEMBER 26, 1903 AND RECORDED JANUARY 22, 1904, IN VOLUME 362 OF DEEDS, PAGE 625, RECORDS OF THE AUDITOR OF KING COUNTY, STATE OF WASHINGTON; THENCE NORTH 74 °04' EAST ALONG SAID SOUTHERLY LINE OF SOUTH 137TH STREET (FORMERLY LEMON ROAD) PRODUCED 125 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING. NORTH 74 °04' EAST 180.204 FEET, TO THE SOUTHWESTERLY LINE OF INTERURBAN AVENUE SOUTH, A STATE HIGHWAY; THENCE SOUTH 44 °51' EAST ALONG SAID SOUTHWESTERLY LINE 407.32 FEET; THENCE SOUTH 65 °58'45" WEST 161.64 FEET; THENCE NORTH 45 °49' WEST 437.44 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY OF A LINE PARALLEL AND 133.50 FEET NORTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO THE AFORESAID NORTHEASTERLY MARGIN OF 56TH AVENUE SOUTH, (FORMERLY LEMON ROAD); AND IN; GROUP 5 PARTNERSHIP, A GENERAL PARTNERSHIP, AS TO THE REMAINDER OF PARCEL 2 AND ALL OF PARCEL 1 fr ( . A-337873 PAGE 3 4. The land referred to in this commitment is located in the county of King, State of Washington, and described as follows: PARCELS 1 AND 2 OF BOUNDARY LINE ADJUSTMENT NO. 80-33-BLA, AS RECORDED UNDER AUDITOR'S FILE NO. 8009170700, BEING A PORTION OF: THE STEPHEN FOSTER DONATION CLAIM NO. 38, IN SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF INTERURBAN AVENUE, NORTHEASTERLY OF 56TH AVENUE SOUTH AND SOUTHERLY OF AN 18 FOOT LANE NOW KNOWN AS SOUTH 137TH STREET. SCHEDULE B I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Any document to be executed by the herein named partnership must be executed in accordance with the partnership agreement. Partnership : GROUP 5 PARTNERSHIP A copy of the agreement and any amendments thereto should be submitted for our examination and file. C. Satisfactory showing must be made that a certificate of limited partnership for the herein named partnership has been filed in the office of the Secretary of State in accordance with statute. Partnership : TUKWILA 103 A copy of the agreement and any amendments thereto should be submitted for our examination and file. II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfac- tion of the company: SPECIAL EXCEPTIONS: A- 337873 PAGE 4 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Lien of real estate excise sales tax upon any sale of said premises, if unpaid. The property described lies within TUKWILA. Present rate of real estate excise tax as of the date herein is 1.07 %. I ! For year 1985 AFFECTS PARCEL 1 3. GENERAL TAXES, as follows, plus interest and /or penalties after delinquency: For year Amount billed Amount paid 1985 $2,030.71 $1,015.36 Being County Treasurer's parcel No. 000300 - 0001 -06. Said taxes affect PARCEL 1 OF TUKWILA BDRY LN ADJ NO 80 -33. GENERAL TAXES, as follows, plus interest and /or penalties after delinquency: Amount billed $1,532.21• 4- 337873 PAGE 5 Being County Treasurer's parcel No. 000300 - 0052 -04. Said taxes affect PARCEL 2 OF TUKWILA BDRY LN ADJ 80 -33. Amount paid $766.11 4. According to release of inheritance tax noted below and /or other informa- tion of record, the party herein named is deceased. We find no record of the probate of said decedent's estate in the county herein noted, and are therefore unable to determine questions arising due to the lack of said probate. County : KING Party : CARL A. BREWER Recorded : AUGUST 8, 1984 Auditor's File No.: 8408080779 5. DEED OF TRUST to secure an indebtedness of the amount herein stated and any other amounts payable under the terms thereof, recorded in the Department of Records and Elections of King County, Washington. • Amount : $200,000.00 Dated : NOT DATED Recorded : JANUARY 18, 1982 Auditor's File No.: 8201180742 Grantor : GROUP 5 PARTNERSHIP, A GENERAL PARTNERSHIP Trustee : SAFECO TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION Beneficiary • EMPLOYEE STOCK OPTION TRUST OF CARL T. MADSEN, INC., A WASHINGTON CORPORATION A- 337873 PAGE 6 6. DEED OF TRUST to secure an indebtedness of the amount herein stated and any other amounts payable under the terms thereof, recorded in the Department of Records and Elections of King County, Washington. Amount : $100,000.00 Dated : NOT DATED Recorded : JANUARY 18, 1982 Auditor's File No.: 8201180743 Grantor : GROUP 5 PARTNERSHIP, A GENERAL PARTNERSHIP Trustee : SAFECO TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION Beneficiary : RUSSELL AND MILLER, INC., PROFIT SHARING PLAN AFFECTS PARCEL 1. 7. DEED OF TRUST to secure an indebtedness of the amount herein stated and any other amounts payable under the terms thereof, recorded in the Department of Records and Elections of King County, Washington. Amount : $150,000.00 Dated : DECEMBER 12, 1979 Recorded : DECEMBER 14, 1979 Auditor's File No.: 7912140149 Grantor : CMB DEVELOPMENT CORP., A WASHINGTON CORP., AND FELIX AND GLORIA CAMPANELLA, HUSBAND AND WIFE Trustee : GERALD L. BOPP Beneficiary : MARBY INVESTMENTS CORPORATION, A QUEBEC CORPORATION, AND MONTACAL- MORTGAGE CORPORATION LTD., AN ALBERTA CORPORATION, AND ACE MORTGAGE CORPORATION, A QUEBEC CORPORATION, AND INDIVIDUAL INVESTMENT CORPORATION, A QUEBEC CORPORATION AFFECTS SAID PREMISES AND OTHER LANDS • THE INTEREST OF ACE MORTGAGE COMPANY ASSIGNED TO WASHINGTON IMPEX INTERNATIONAL, A SOLE PROPRIETORSHIP BY INSTRUMENT RECORDED JANUARY 27, 1982 UNDER AUDITOR'S FILE NO. 8201270074 By instrument recorded in the Auditor's Office of King County, Washington, the property described below was released from the lien of said mortgage /deed of trust. Auditor's File No.: 8204090077 Property released : PARCEL 1 The trustee of said deed of trust has resigned and a successor trustee appointed. Recorded NOVEMBER 5, 1981 Auditor's File No.: 8111050537 Successor trustee : BRUCE D. BERRETH The beneficial instrument Dated Recorded Auditor's File Assigned to 10. ASSIGNMENT ASSIGNING ALL RENTS Executed by : CMB DEVELOPMENT CORPORATION To : TRAVELERS MORTGAGE CORPORATION Recorded : OCTOBER 26, 1979 Auditor's File No.: 7910260158 AFFECTS . A PORTION OF PARCEL 2 A- 337873 PAGE 7 8. NOTICE OF TRUSTEE'S SALE of the deed of trust shown in the above paragraph has been recorded in the Auditor's Office of King County, Washington. Date and time of sale : FEBRUARY 5, 1982 AT 10:30 A.M. Notice recorded : NOVEMBER 5, 1981 Auditor's File No.: 8111050538 AFFECTS SAID PREMISES AND OTHER LANDS 9. DEED OF TRUST to secure an indebtedness of the amount herein stated and any other amounts payable under the terms thereof, recorded in the Department of Records and Elections of King County, Washington. Amount : $150,000.00 Dated : OCTOBER 24, 1979 Recorded : OCTOBER 26, 1979 Auditor's File No.: 7910260158 Grantor : CMB DEVELOPMENT CORPORATION Trustee : SAFECO TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION Beneficiary : TRAVELERS MORTGAGE CORPORATION AFFECTS A PORTION OF PARCEL 2 interest under said deed of trust was assigned by : JANUARY 5, 1982 : JANUARY 19, 1982 No.: 8201190599 : WASHINGTON IMPEX_ INTERNATIONAL, A SOLE PROPRIETORSHIP OF GEORGE KANALOS 11. CONTRACT OF SALE terms, conditions and covenants, and the effect of any failure to comply therewith: Seller : CARL A. BREWER AND HAZEL M. BREWER, HUSBAND AND WIFE Purchaser : CMB DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION, AS TRUSTEE FOR A PARTNERSHIP TO BE FORMED IN WHICH CMB DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION, WILL BE THE GENERAL PARTNER AND DONALD E. REDLIN, A SINGLE MAN Dated : FEBRUARY 27, 1979 Recorded : MARCH 20, 1979 Auditor's File No.: 7903200253 Receipt No. : E- 0525951 AFFECTS A PORTION OF PARCEL 1 AND A PORTION OF PARCEL 2 The purchaser's interest under said contract of sale assigned by instrument: Dated : NOT DATED Recorded : JANUARY 18, 1982 Auditor's File No.: 8201180740 Receipt No. : E- 0664937. Assigned to : GROUP 5 PARTNERSHIP, A GENERAL PARTNERSHIP SAID CONTRACT HAS BEEN PARTIALLY FULFILLED AS TO PARCEL 1 BY INSTRUMENT RECORDED JANUARY 18, 1982 UNDER AUDITOR'S FILE NO. 8201180741 12. ASSIGNMENT OF CONTRACT AND DEED IN THE NATURE OF A MORTGAGE to secure an indebtedness of the amount herein stated and any other amounts payable under the terms thereof. Amount : $SECURITY Dated : OCTOBER 24, 1979 Recorded : OCTOBER 26, 1979 Auditor's File No.: 7910260162 Executed by : CMB DEVELOPMENT CORPORATION AS TRUSTEE To : TRAVELERS MORTGAGE CORPORATION, A WASHINGTON CORPORATION AFFECTS NORTHERLY PORTION OF PARCELS 1 AND 2 WE NOTE QUIT CLAIM DEED DATED JANUARY 5, 1982 EXECUTED BY TRAVELERS MORTGAGE CORPORATION TO GROUP 5 PARTNERSHIP, A GENERAL PARTNERSHIP, RECORDED JANUARY 19, 1982 UNDER AUDITOR'S FILE NO. 8201190596, PURPORTEDLY GIVEN IN PARTIAL SATISFACTION OF THAT PORTION OF THE PROPERTY DESCRIBED IN AUDITOR'S FILE NO. 7910260162 THAT AFFECTED A PORTION OF SAID PREMISES. WE FURTHER NOTE PURCHASERS ASSIGNMENT OF CONTRACT AND DEED DATED JANUARY 8, 1982 EXECUTED BY TRAVELERS MORTGAGE CORPORATION TO WASHINGTON IMPEX INTERNATIONAL, A.SOLE PROPRIETORSHIP OF GEORGE KANALOS, RECORDED JANUARY 19, 1982 UNDER AUDITOR'S FILE NO. 8201190597, GIVEN AS A TRANSFER OF SECURITY INTEREST, WHICH INSTRUMENT, INCLUDED THAT PORTION OF SAID PREMISES RELEASED BY AUDITOR'S FILE NO. 8201190596. WE ARE UNABLE TO DETERMINE THE EFFECT OF SAID INSTRUMENTS. 13. NOTICE OF REAL PROPERTY INTEREST DATED NOVEMBER 4, 1980, EXECUTED BY R.L.R. ASSOCIATES, INC., RECORDED NOVEMBER 18, 1980 UNDER AUDITOR'S FILE NO. 8011180029; WHEREIN SAID R.L.R. ASSOCIATES INC. UNDER THE TERMS OF THAT CERTAIN PURCHASERS ASSIGNMENT OF EARNEST MONEY AGREEMENT CLAIMS A REAL PROPERTY INTEREST IN THE FORM OF AN OPTION TO PURCHASE A CONDOMINIUM UNIT TO BE BUILT ON THE SUBJECT PREMISES AND TO RECEIVE A $30,000.00 CREDIT AGAINST THE PURCHASE OF SAID CONDOMINIUM. AFFECTS A PORTION OF PARCEL 1 AND A PORTION OF PARCEL 2. BY .INSTRUMENT RECORDED JANUARY 25, 1982 UNDER AUDITOR'S FILE NO. 8201250058 SAID PORTION OF PARCEL 1 WAS RELEASED FROM THE CLAIM OF INTEREST RECORDED UNDER AUDITOR'S FILE NO. 8011180029 A- 337813 PAGE 8 A- 337873 PAGE 9 14. RIGHT, TITLE AND INTEREST OF GEORGE KANALOS AND JIRINA V. KANALOS, HUSBAND AND WIFE, DONALD M. JOHNSTON AND JACQUE JOHNSTON, HUSBAND AND WIFE, ROBERT A. PENNINI, JR. AND EVELYN E. PENNINI, HUSBAND AND WIFE, RICHARD TYDINGS AND JOE R. DEVISH AND SALLY M. DEVISH, HUSBAND AND WIFE, DISCLOSED BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 8311170093. SAID PARTIES ARE SEIZED OF NO RECORD INTEREST IN SAID PREMISES. AFFECTS PARCEL 1 THE INTEREST OF RICHARD TYDINGS HAS BEEN CONVEYED TO DONALD M. JOHNSTON AND JACQUE JOHNSTON, HUSBAND AND WIFE, BY DEED RECORDED AUGUST 1, 1984 UNDER AUDITOR'S FILE NO. 8408010192. 15. NOTICE OF FEDERAL LIEN for the amount herein stated and any other amounts due. Against : RICHARD B. TYDINGS District : SEATTLE • Serial No. : 9101 FBI 16 Amount : $138,087.58 Filed : NOVEMBER 28, 1983 Vault File No. : 8311285046 THE EFFECT SAID MATTER HAS ON THE PREMISES UNDER SEARCH DEPENDS UPON THE NATURE OF THE INTEREST RICHARD TYDINGS HELD. 16. NOTICE OF FEDERAL LIEN for the amount herein stated and any other amounts due. Against : RICHARD R. TYDINGS District : SEATTLE 91 -01 • Serial No. : FB 84 -3021 Amount : $138,095.58 Filed : FEBRUARY 29, 1984 Vault File No. : 8402295039 THE EFFECT SAID MATTER HAS ON THE PREMISES UNDER SEARCH DEPENDS UPON THE NATURE OF THE INTEREST RICHARD TYDINGS HELD. 17. JUDGMENT for the amount herein stated and any other amounts due. Creditor ALLEN PETRICH AND CAROL PETRICH, HUSBAND AND WIFE, MARTIN PETRICH, JR. AND JEAN C. PETRICH, HUSBAND AND WIFE, JAMES F. PETRICH AND HELEN C. PETRICH, HUSBAND AND WIFE, AND JOHN A. PETRICH Debtor : WESTERN MARITIME, INC., A WASHINGTON CORPORATION, WILLIAM C. HOUSE, RICHARD TYDINGS, ET AL Amount • $70,422.97 Dated : JUNE 25, 1980 Filed : SEPTEMBER 10, 1980 Judgment No. : 80 -9- 00168 -5 ABSTRACT OF JUDGMENT, SUPERIOR COURT OF STATE OF WASHINGTON, PIERCE COUNTY Case No. : 80 -2- 13667 -4 Attorney for creditor : JOHN T. ROBSON, JR. : .... ....., 18. JUDGMENT Judgment Dated Case No. Plaintiff Defendant Entered Attorney for plaintiff Provisions containing No. THE EFFECT SAID MATTER HAS ON THE PREMISES UNDER SEARCH DEPENDS UPON THE NATURE OF THE INTEREST RICHARD TYDINGS HELD. DOUGLAS F. ALBERT FOR $15,000.00 AT 12 PER CENT PER ANNUM AND $17.00 ADDITIONAL COSTS. THE EFFECT SAID MATTER HAS ON THE PREMISES UNDER SEARCH DEPENDS UPON THE NATURE OF THE INTEREST RICHARD TYDINGS HELD • 19. JUDGMENT containing Judgment No. . • Dated . • Case No. . • Plaintiff . • • Defendant Entered Attorney for plaintiff : DOUGLAS M. FRYER OF MORIARTY, MIKKELBORG, BROZ, WELLS AND FRYER Provisions IN FAVOR OF EINAR PEDERSEN, EINAR H. PEDERSEN, HERBJORG PEDERSEN, ON BEHALF OF THE ESTATE OF MARK PEDERSEN, AND HILDA Y. GREEN AGAINST RICHARD R. TYDINGS AND PADDY TYDINGS, INDIVIDUALLY AND AGAINST THEIR MARITAL COMMUNITY, ET AL, IN THE AMOUNT OF $410,695.64 TOGETHER WITH INTEREST AT THE RATE OF 12 PER CENT PER ANNUM FROM MARCH 21, 1983, AND COSTS. THE EFFECT SAID MATTER HAS ON THE PREMISES UNDER SEARCH DEPENDS UPON THE NATURE OF THE INTEREST RICHARD TYDINGS HELD. A- 337873 PAGE 10 provisions set forth herein. 82 -9- 03671- 0,ABSTRACT OF JUDGMENT, SUPERIOR COURT OF PIERCE COUNTY, WASHINGTON FEBRUARY 19, 1982 82 -2- 03160 -7 SEA TAC INDUSTRIAL DEVELOPMENT, MELVIN DESERMEAUX AND ARLENE DESERMEAUX RICHARD R. TYDINGS MARCH 10, 1982 provisions set forth herein. 83 -9- 05746 -4 APRIL 25, 1983 80 -2- 02845 -6 EINAR PEDERSEN, EINAR H. PEDERSEN, MARK PEDERSEN, AND HILDA Y. GREEN RICHARD R. TYDINGS AND PADDY TYDINGS, ET AL APRIL 25, 1983 20. JUDGMENT for the amount herein stated and any other amounts due. Creditor : CHARLES E. KELLER AND VIOLA M. KELLER Debtor : R. R. TYDINGS, INC., AND RICHARD R. TYDINGS Amount : $1,470.00 PLUS $70.00 COSTS Dated • : JUNE 11, 1981 Filed : MAY 25, 1984 Judgment No. : 84 -9- 07242 -9 REGISTRATION OF FOREIGN JUDGMENT FROM DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, COUNTY OF FLATHEAD Case No. : 84 -2- 07478 -7 Attorney for creditor : STEPHEN M. LAMBERSON, OF AIKEN, ST. LOUIS AND SILJEG THE EFFECT SAID MATTER HAS ON THE PREMISES UNDER SEARCH DEPENDS UPON THE NATURE OF THE INTEREST RICHARD TYDINGS HELD. 21. PENDENCY OF AN ACTION in Superior Court. Date action commenced: AUGUST 7, 1984 Cause No. : 84- 2- 11258 -1 Entitled : HAZEL BREWER AND THE ESTATE OF CARL A. BREWER, HER HUSBAND, AND JACK S. GRANT AND JUANITA L. GRANT, HUSBAND AND WIFE, PLAINTIFFS VS GEORGE KANALOS AND JIRINA KANALOS, HUSBAND AND WIFE, JOE R. DEVISH AND SALLY M. DEVISH, HUSBAND AND WIFE, DONALD M. JOHNSTON AND JACQUE JOHNSTON, HUSBAND AND WIFE, ROBERT A. PENNINI AND EVELYN E. PENNINI, HUSBAND AND WIFE, RICHARD TYDINGS, A SINGLE MAN, GROUP FIVE INVESTMENTS, A GENERAL PARTNERSHIP, DOING BUSINESS AS GROUP FIVE PARTNERSHIP, CMB DEVELOPMENT `CORPORATION, A WASHINGTON CORPORATION, FELIX M. CAMPANELLA AND GLORIA CAMPANELLA, HIS WIFE, DONALD REDLIN, AND WASHINGTON IMPEX INTERNATIONAL, A WASHINGTON CORPORATION, DEFENDANTS An action : TO DECLARE THAT SUBORDINATION AGREEMENTS DATED DECEMBER 28, 1981 AND JANUARY 15, 1982 ARE VOID FOR LACK OF CONSIDERATION; AND FOR JUDGMENT FOR DAMAGES • Attorney : ANDREW H. SALTER NOTE: Lis pendens was recorded in said action On : AUGUST 8, 1984 Auditor's File No.: 8408080779 22. AN EASEMENT with provisions, conditions and covenants as may be set forth therein. For : SEWER LINE OR LINES In favor of • CITY OF TUKWILA, A MUNICIPAL CORPORATION Reflected of record by instrument Recorded : JANUARY 6, 1963 Auditor's File No.: 5683660 Affects : EAST 10 FEET OF A PORTION OF PARCEL 1 A- 337873 PAGE 11 ,' In favor of Reflected of record Recorded Auditor's File No.: Affects A- 337873 PAGE 12 >;' '... 23. AN EASEMENT with provisions, conditions and covenants as may be set forth therein. For : UTILITIES In favor of : CITY OF TUKWILA, A MUNICIPAL CORPORATION Reflected of record by instrument Recorded : JANUARY 28, 1966 Auditor's File No.: 5982719 Affects : 10 FEET IN WIDTH OVER SOUTHERLY PORTION OF PARCEL 1 24. AN EASEMENT with provisions, conditions and covenants as may be set forth therein. For : ELECTRIC UNDERGROUND TRANSMISSION AND DISTRIBUTION FACILITIES CITY OF SEATTLE, A MUNICIPAL CORPORATION by instrument FEBRUARY 20, 1969 6473519 SOUTHERLY 15 FEET OF PARCELS 1 AND 2 25. AN EASEMENT with provisions, conditions and covenants as may be set forth therein. For : SEWER LINE In favor of : CITY OF TUKWILA, A MUNICIPAL CORPORATION Reflected of record by instrument Recorded : JANUARY 6, 1964 Auditor's File No.: 5683685 Affects : A PORTION OF PARCEL 1 26. AN EASEMENT with provisions, conditions and covenants as may therein. For : SLOPE, DRAINAGE AND UTILITY In favor of : STATE OF WASHINGTON Reflected of record by instrument Recorded : AUGUST 13, 1968 Auditor's File No.: 6390810 Affects : NORTHEASTERLY 5 FEET OF A PORTION OF PARCEL 1 be set fo th 27. AN EASEMENT with provisions, conditions and covenants as may be set forth therein. For : SLOPE, DRAINAGE AND UTILITY In favor of • STATE OF WASHINGTON Reflected of record by instrument Recorded : OCTOBER 21, 1968 Auditor's File No.: 6422733 Affects : A PORTION OF PARCEL 1 28. AN EASEMENT with provisions, conditions and covenants as may be set forth therein. For : SEWER LINE OR LINES In favor of : CITY OF TUKWILA, A MUNICIPAL CORPORATION Reflected of record by instrument Recorded : OCTOBER 20, 1972 Auditor's File No.: 7210200554 Affects : NORTHEASTERLY 10 FEET OF A PORTION OF PARCEL 1 29. AN EASEMENT with provisions, conditions and covenants as may be set forth therein. For : SEWER LINE In favor of : CITY OF TUKWILA Reflected of record by instrument Recorded : FEBRUARY 23, 1967 Auditor's File No.: 6142359 Affects : EASTERLY 10 FEET OF NORTHERLY PORTION OF PARCEL 2 30. Any encroachment by or adverse claim with respect to any underground installation appurtenant to said premises or other property, the exist- ence of which is not disclosed by the public records. NOTE: A record of survey and matters relating thereto. Recorded : DECEMBER 17,• 1980 Book : 26 Page : 61 Auditor's File No.: 8012179001 + + + + ALTA MATTERS: The OWNER'S EXTENDED COVERAGE POLICY applied for will not insure against additional matters E thru H on the inside back cover hereof. For the OWNER'S EXTENDED COVERAGE POLICY applied for, the following addi- tional matters have NOT YET BEEN CLEARED: A. Encroachments or questions of location, boundary and area, which an accurate survey may disclose. B. Public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded plat or conveyance, or decree of a court of record. A- 337873 PAGE 13 .��'! .' C. Rights or claims of persons in possession, or claiming to be in pos- session, not disclosed by the public records. O. Material or labor liens, or liens under the Workmen's Compensation Act not by the public records. We will inform you later if, by our inspection, we are able to clear said ALTA matters. PAGE 14 NOTE: Investigation should be made to determine if there are any ser- vice, installation, maintenance or construction charges for sewer, water, garbage or electricity. NOTE: A consolidated statement of all charges and advances in connection with this order will be provided at closing. NOTE: In event the transaction fails to close and this commitment is cancelled, a fee will be charged to comply with the state insurance code and the filed schedule of this company. SPac,E l E4U1 104`pN CTS x 2sX 6Q .1 RtriktiKTI UN SPACE. ro C1MLDREN Mix CAN E R1=iD brAC - f\tasrimciA SPAC.P. fNl*LAIWIENT Rests Po 4 85 2©,bC)O bq . PT. MAY WCE Aurit r_p wt swim. 6eYR 'Tt4P N 1 io + 14 sq • RT. 5 x,2 0 °. MIN .lO MAK 10 % lir /A XI • M.RblikICr 1oNS . 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