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HomeMy WebLinkAboutPermit 80-09-CUP - BESTWAY MOTOR FREIGHT - TRUCK TERMINAL CONDITIONAL USE80-09-CUP 6440 SOUTH 143RD STREET BESTWAY MOTOR FREIGHT TRUCK TERMINAL TRUCK TERMINAL CONDITIONAL USE CITY OF TUKWILA 6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188 January 2, 1991 Mr. Bruce Wells, Manager GI Trucking Company 6440 South 143rd Street Tukwila, WA 98168 RE: Business License Application Dear Mr. Wells: In October. 1990 the City contacted you regarding your application for a trucking company business license. We were not able to approve your application at that time, since it appeared that GI Trucking did not meet Zoning Code requirements for a truck terminal. Based on new information from Lance Herberg of Bestway Motor Freight, and information from our archives, the City has confirmed that a Conditional Use Permit (80 -9 -CUP) was granted for a truck terminal at the above address in July 1980. The permit was intended to apply to future purchasers and assigns of Bestway. As a result, the City has determined that G -I Trucking is operating with a Conditional Use Permit, as required for operation of a truck terminal in an M -1 zone. Your business license has been approved by the Planning Division. After other departments review and appprove your application, the City Clerk's office will forward your new license. Thank you for patience while the City completed its investigation, and your assistance in resolving this matter. Ann Siegenthaler Assistant Planner PHONE # (206) 433.1800 Cary L. VanDrsen, Mayo, cc: City Clerk - 9.10-96 Application for City Business License 1990 BUSINESS NAME LOCAL MAILING ADDRESS Please update following information and complete application in its entirety. GI Trucking CO. 6440 S. 143rd ST. Se: e, WA 9816$ 3USINESS PHONE 206- 246 -0188 _OCAL MANAGER (Include name and home phone) Bruce Wells 206 - 842 - 6889 YES( ) NO(X) )ESCRIPTION OF BUSINESS (GIVE DETAILS, ALSO, LIST TYPES OF PROD C SOLD OR STORED) Trucking Company - Common Carrier -Fri -% / 2/ fucks, 50 - • t /e, -/ u,7�s�x z�G /CG ,f e/7? /t /' INDIVIDUAL( ) PARTNERSHIP ( ) CORPORATION IOO NON- PROFIT ( ) TITLE RESIDENCE ADDRESS CITY/STATE/ZIP PHONE ?Teg d.Q. - I Na a1 IAI ondra -. Blvd LEA IM rodt$,CA 333 flax ax opera- � 0 �5 .5 - OTAL EMPLOYEES AT TUKWILA LOCATION, INCLUDING MANAGEMENT FULL TIME PART -TIME NDICATE OWNERSHIP STATUS _IST OWNERS, PARTNERS OR OFFICERS S; kko .( A MUSEMENT DEVICES ON PREMISES? 'ES( ) NO1X NUMBER )O YOU USE/STORE/DISCHARGE FLAMMABLE OR HAZARDOUS MATERIALS? :ES( ) NO(XK F YES, STATE TYPE AND QUANTITY ICENSE FEE, BASED ON (UMBER OF EMPLOYEES OFFICE USE ONLY DATE q -I Q -qr) CHECK NO. 0(o461 1. BUILDING 3. POLICE DATE ISSUED LICENSE NUMBER 047 AlZdcI jo Cur_ �N� 4v.•w� 014t. CUI City of Tukwila ( Renewal 6200 Southcenter Boulevard License . Tukwila, Washington 98188 (206) 433 -1800 2. PLANNIN 4 FIRE CORPORATE ADDRESS 14727 Alondra Blvd LaMirada, CA 90638 CORPORATE r o E3 -1122 JUMBER IN EACH TYPE OF EMPLOYMENT RETAIL , WHOLESALE OFFICE .3,. New License 0 HOME OCCUPATION SIZE OF FLOOR SPACE USED SO. FT. 15,000 MANUFACTURING WAREHOUSING _ISL. OTHER _21 1989 BUSINESS LICENSE NUMBER ORIGINAL OPENING DATE OF BUSINESS 6/24/(_ IN EMERGENCY NOTIFY 1. Bf jcQ_ W \ 1� 2. 3 �\ Coavv THIS IS A NEW BUSINESS: VW_ THERE BE ANY CONSTRUCTION OR REMODEUNG? 0 YES CO NO A CHANGE OF !NONAGE? 0 YES /ILL THERE BE INSTALLATION OF COMMERCIAL STORAGE RACKS? 0 YES ® NO MAT WAS THE PREVIOUS USE OF THIS BUILDING/SPACE? SAME 13 NO ( ) 0 - S, $50.00 1) 6 -100, $100.00 ( ) 100 A ABOVE, $200.00 WASHINGTON STATE SALES TAX NO. PHONE 486- t3a 9e) SIGNED ICE OFFICE/TITLE APPLICATION DATE ,PisTQtcT ittlsK &lzi /qv coin w City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development Bestway Motor Freight, Inc. 1765 6th Ave. So. Seattle; WA 98134 Attn: Bill Dahl SUBJECT: BUILDING PERMIT REVIEW 16 December 1980 Our office has completed this morning its review of your building permit plan set, and has signed it with notations appropriate to the numerous stipulations imposed on the project during the various stages of the approval process. Prior to obtaining an occupancy certificate for the project, we wish to remind you that the following steps must be completed: 1 :) Record an easement in favor of the City of Tukwila for public trail access and improvement purposes within the "river use zone" of the site as defined in the Tukwila Shoreline Master Program. 2) Staff to work with the applicant to develop a landscape con- cept for the west property line, and for screening of the river use zone following receipt of direction from the County Hydraulics Agency with respect to design of flood control facilities. 3) Applicant to obtain Planning Department Staff approval of a Comprehensive Lighting Plan for the project, With the intent of enhancing security enforcement. Of course, we will work closely with your to complete these items in a timely fashion; please call me if you have questions along the.way. MC /jas TUKWILA ANNING DEPT. k Caughey cting Director 1908 Dear Mr. Eland: City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Public Works Department 433 -1850 Sid Eland JALCO, Inc. 6628 212th SW Lynwood, Washington - 98036 December 10, 1980 RE: Bestway Motors The site plan of Sheet 2 of 3 has been approved per the following comments and conditions: The developer shall be required to obtain the following permits by this Department 24 -hours prior to construction: Hauling - Hauling permits must be applied for when any hauling is done on City streets. A $2,000 bond must be posted along with a copy of the hauler's certificate of insurance. Permit fee is $25.00 unless the hauler has a City Business License where the fee is waived. Sanitary Side Sewers - Sanitary sewers shall be a minimum of 6" diameter, of concrete or PVC (schedule 35 minimum) with class B bedding or better. Provide cleanouts at all entrances to building, horizontal and vertical bends on sanitary sewer lines. Sanitary sewer permit fee for each building is $170.00. (Special connection charges are waived by the property's past participation in LID #20). Sanitary side sewers shall connect = the existing 6" stubs at the property line. Curb Cut /Access /Sidewalk - Provide minimum 6 LP curb. return radii at all curb entrances. Concrete curb aprons shall be provided at all entrances. The Board of Architectual Review has previously approved an access point at the West edge of your property. At present Public Works staff do not forsee any safety problem with this access considering how adjacent properties have been developed. However, in the future, if a safety problem does arise, the City may require the property to eliminate this access point, or relocate the access. Prior to issuance of this permit, a sidewalk plan shall be submitted for PWD review and approval. The sidewalk width shall be 6' per the City's current sidewalk Ordinance #1158, and per the City of Tukwila Standard Plan. A minimum twenty -four foot wide curb apron is required at all entrances. Permit fee - $25.00 per building. Storm Drainage: As all private property drains into an underground system 1 PRF : pf BESTWAY MOTORS (Cont.) cc. Al Pieper, Building Official Tukwila Maintenance Shops storm system directly to the Green River, no permit is required by the City. Permits, as required, are from King County Hydraulics. Domestic Water Meters - Water meters Shall be provided in the public right -of -way, or in easements, preferably at the property line. The size of these meters shall be determined through the Fire Department's review process, yet uncompleted. Fees will be based on the size of the meters. Prior to issuance of the water meter permits, provide 6 sets of plans that show the size, location and points of connection of the meters and service lines from the existing main to the buildings for Public Works Department review and approval. Fees for special connection charges for water hookup to the City mains will also be computed and applied as part of the water meter permit fee, per ordinance. Fire Hydrant /Loop /Sprinkler System - Fire services shall be provided per the requirements of insurance underwriters and the Tukwila Fire Department prior to Public Works Department approval. Please submit these plans for Tukwila Fire Department's review and approval and resubmit to the Public Works Department. A sprinkler vault for the fire loop/hydrant /sprinkler system, if required by the Fire Dept., shall be per Tukwila Public Works Department Standard Plan and Water Department requirements. This fire sprinkler vault must be located in private right -of -way, but not in the driveways due to the PIV post above ground. All piping shall be DIP, Cl. 4152 Provide thrust blocks at all junctions, bends, hydrants, and ends of pipe for fire protection system. Provide valving to hydrants, if required, per Tukwila Standard Plan for hydrants. Permit fee - $25.00. Landscape Irrigation - This plan shall be reviewed per future plan submittal. Provide six (6) sets of water irrigation.plans for Public Works review and approval prior to issuance of irrigation permit. Permit fee - $25.00. Provide all pipes with 12" minimum cover. Sincerely, Phillip R- Fraser SAnior Engineer Mr. William J. Dahl Best Way Motor Freight, Inc. 1765 Sixth Avenue S. Seattle, WA 98134 Dear Mr. Dahl: PRF /jm ccs Ted Uomoto, Public Works Director Mark aughey, Acting Planning Director Al Pieper Building Official 6200 Southcenter Boulevard Tukwila, Washington 98188 Public Works Department 433 -1850 November 18, 1980 kOV 1 0 C C1T' CF t`�Y „ �ilA • ".^ Re: Best Way Motor Freight Terminal - 6440 S. 143rd Street The City has received your agreement to participate in a street improvement LID in the future, per our request. Your response, to our request, as a condition of your proposed 'site development, is most appreciated. Sincerely, Phillip R. Fraser Senior Engineer EASEMENT THIS INSTRUMENT made this ' day of Se p -rP '� . �P 2 , 1980, by and (the "Grantors "), in favor of CITY OF TUKWILA, a municipal corporation of King County, State of Washington (the "Grantee "). WITNESSETH Grantors, for and in consideration of the sum of one dollar ($1.00) and other valuable consideration, receipt of which is acknowledged, grant, convey, and confirm to Grantee, its successors and assigns, a perpetual easement for river protection and public access for the purpose of constructing and operating a recreational trail open to the public, and related construction and improvements, across and upon the property described on the attached "Exhibit A." Grantee shall have the right without prior institution of suit of proceeding at law, at such time as may be deemed appropriate by Grantee, to enter upon said property for the purpose of operating, maintaining, repairing, replacing or re- constructing a public recreational trail and related improvements, without incur- ring legal obligations or liability therefor; provided, said operating, maintain- ing, repairing, replacing, or reconstructing of a public recreational trail or related improvements shall be accomplished in such a manner that private improve- ments shall not be disturbed or destroyed. In the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by Grantee. This shall be a convenant running with the land forever and shall be binding on Grantors' successors, heirs and assigns. By By STATE OF WASHINGTON) Mr COUNTY OF KING 1 slit On this . day of ,40,40, before me personally appeared and to me known to be the of the individuals that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said individuals for the uses and purposes mentioned therein, and on oath stated that they were authorized to execute the said instrument. NOTARY PUBLIC in and for he State of Wash- ington, residing at EXHIBIT "A" LEGAL DESCRIPTION The following described line is the southwesterly line of a 40 foot pedestrian access and river protection easement, said 40 feet measured at right angles to the approximate existing Mean High Water line (elevation 18.5 feet for a flow of 9,000 cfs observed as determined from Corps of Engineers "Green and Duwamish Rivers Survey Report Profiles May 1968" as shown in Volume 23 of Surveys, page 175, recording number 8005149001, records of King County, Washington) and a portion of the southeast quarter of Section 14, Township 23 North, Range 4 East W.M. and more particularly described as follows: Commencing at the intersection of the north margin of South 143rd Street (First Avenue) and the west line of the east 20 feet of Lot 15, Block 18, Hillman's Seattle Garden. Tracts as per plat recorded in Volume 11 of Plats, page 24, records of said King County; thence N8 °37'37 "E along the west line of the east 20 feet of said Lot 15 and the northerly extension thereof, a distance of 431.09 feet to the True Point of Beginning of the herein described line; thence S53 °41'41 "E, 266.14 feet; thence S40 °00'14 "E, 465.22 feet to the north margin of South 143rd Street and the terminus of the above described line. The lateral limits of the above described 40 foot easement are to be extended to coincide with the existing property boundary line. Situate in King County, Washington. c City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor ATTENTION: STEVE KOHN,Division of Hydraulics KING COUNTY DEPT. OF PUBLIC WORKS 900 King County Admin. Bldg. Seattle, WA 98104 FT/ c h September 22, 1980 RE: FLOOD CONTROL IMPROVEMENTS, BESTWAY MOTOR FREIGHT PROJECT It has come to my attention that your agency has required Bestway Motor Freight Co. to prepare engineering drawings to construct levy improve- ments along the west bank of the Duwamish River on their property at•the easterly terminus of South 143rd Street. Throughout the permit approval process for the Bestway Project, the City of Tukwila has held consistently the position that no disturbance of the river bank's natural state take place as a result of constructing this project. Our position is consis- tent with the legislative intent of the Shoreline Management Act of 1971 (RCW 90.58) and with provisions of Chapter 6 of the Tukwila Shoreline Master Program. The City of Tukwila does not wish to see a flood control levee constructed on the shoreline frontage of the Bestway site until such time as a con- tinuous berm protecting the entire west bank can be funded and implemented. We believe that no tangible public benefits can accrue from constructing immediately an isolated levy section on this site only, and that the result of such action will be to disrupt the aesthetic and recreational value of our existing shoreline. Therefore, we respectfully request that the re- quirement for design and construction of a flood control diking facility be set aside. CITY OF TUKWILA Frank Todd Mayor Commissioners Tukwila Planning Commission 6200 Southcenter Boulevard Tukwila, Washington 98138 Dear Commissioners: THOMAS M. WALSH . ATTORNEY AT LAW 909 SEATTLE TOWER /THIRD AND UNIVERSITY SEATTLE, WASHINGTON 98101 (206) 692 -1931 August 28, 1980 d Re: Best Way Motor Freight, Inc. Application for Conditional Use Permit On July 24, 1980, you reviewed and approved Best Way's application for a conditional use permit, subject to imposition of conditions. At your August 17th meeting, you reviewed the proposed conditions and decided, with one exception, which conditions would be imposed on Best Way's permit. The one proposed condition not resolved at the August 17th meeting is a proposed condition dealing with hazardous materials. The Commission directed the staff to research this matter, discuss it with Best Way, and return to the Commission with a recommendation. Because of the extreme importance of this proposed condition, Best Way retained an expert consultant on this matter - -Mr. Bruce Fleming, retired supervisor of the Hazardous Materials Section of the Department of Transportation. Mr. Fleming and the Tukwila Planning staff have conferred with Mr. Nick Russo, chief hazardous materials staff member for the Washington State Utilities and Transportation Commis- sion. They have also conferred with Tukwila Fire Chief Hubert Crawley, renowned nation -wide as an authority on control of hazardous material incidents. Tukwila City Attorney Larry Hard has also been contacted. The result of conferences with these experts is clear: an additional condition on hazardous materials need not and should not be imposed by the Planning Commission. Transportation and storage of hazardous materials is subject to extensive regulation imposed by the Federal Department of Transportation. The Department has promul- gated voluminous regulations governing all materials which Tukwila Planning Commission August 28, 1980 Page 2 could be considered even slightly hazardous under any cir- cumstances. 49 C.F.R., Parts 100 -199 (Oct. 1, 1979). The Washington State Utilities and Transportation Commission has, in turn, adopted the federal regulations almost word for word. These regulations impose tough standards regard- ing the quantity of materials that can be transported in one package, detailed packaging requirements to ensure safety, and the method in which the materials can be transported. It is unnecessary to go beyond these regulations in the conditioning of Best Way's proposal. If the City of Tukwila desires to regulate hazard- ous materials transportation and storage beyond the require- ments of federal and state law, the appropriate approach is to consider city -wide regulations. It would be discrimina- tory to impose regulations solely on Best Way, and not on other motor freight companies and others who transport or use hazardous materials. Moreover, there is serious question whether the Planning Commission has the authority to impose a condition relating to hazardous materials. This type of condition may be preempted by federal and state law in this area, and therefore be in violation of federal and state law. A condition relating to hazardous materials may be an unrea- sonable restriction on interstate commerce, in violation of the U. S. Constitution. Finally, the Planning Commission derives its authority from Chapter 18.40 of the Tukwila Zoning Code which makes no mention of conditions relating to hazardous materials. For all the reasons mentioned above, we strongly urge the Planning Commission not to impose on Best Way a condition relating to hazardous materials. Thank you very much for your consideration of our concerns. TMW:smr cc: Mr. William J. Dahl Vice President and General Manager Best Way Motor Freight, Inc. Mr. Lawrence E. Hard Tukwila City Attorney y truly yours, ajaimm■m • THOMAS M. WALSH • 1908 f City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor MEMORANDUM TO: Planning Commission Members FROM: Mark Caughey, Acting Planning Director DATE: 25 August 1980 SUBJECT: Bestway Motor Freight Cond. Use Permit (80 -9 -CUP) INTRODUCTION: At the 14 August 1980 meeting of the Commission, Staff was directed to develop a condition of approval to be appended to Conditional Use Permit stipulalations defining the extent to which Bestway Motor Freight will be allowed to store "hazardous materials" on their site. To research this matter, Staff wishes to acknowledge assistance of the following profes- sionals having expertise in the area of hazardous materials handling: - Bruce Fleming, Renton. Transportation Consultant and retired employee of WSDOT. - Hubert Crawley, Tukwila Fire Chief. Acknowledged nation -wide as an authority on control of hazardous material incidents. Based on our discussion with these men, we are persuaded that existing regu- latory measures are adequate to insure control of hazardous material handling on the Bestway site without extraordinary provisions in the Conditional Use Permit. Chief Crawley noted that attempts by the City of Seattle to impose specific hazardous material handling restrictions on individual truck terminal Conditional Use Permits have been struck -down by the courts as discriminatory. (This point is confirmed by the City Attorney) Further, the Cheif notes that during his years of service with the Tukwila Fire Department, there have been no hazardous material incidents at any freight terminals now present in the community. Most of the service requests have resulted from non -cargo inci- dents such as ruptured fuel tanks or careless welding practices. We have enclosed a copy of Bestway's P.U.C. operating authority. You will note that the only specific "hazardous" substances prohibited from their handling are class "A" and "B" explosives. (These materials require specially - strengthened bunkers as storage places) However, the permit also forbids bulk transportation of commodities (i.e. poisons, insecticides, paint thinner) or movement of goods requiring special equipment (i.e. some nuclear products). Since the carrier cannot handle these materials in quantity, and since the warehouse facilities proposed will most likely not allow long -term accumu- lation of dangerous substances in storage, we are persuaded that the public is adequately - protected in this matter. Page 2 However, should the Commission elect to impose a storage - limitation stipu- lation, we suggest that the verbage thereof be structured in general terms according to the following example: "Storage on this site of hazardous materials shall be restricted as follows: a) Class "A" and "B" explosives, and radioactive products such as nuclear fuel and nuclear wastes are prohibited. b) Materials other than those described in paragraph a), including corrosives, oxidizing agents, poisons, solvents and product derivatives therefrom may be stored in less than bulk amounts for periods not exceeding 36 hours. c) 'Motor fuel for use only by equipment of Bestway Motor Freight or its inter -line associated carriers may be stored on the site only in underground tanks. A PACIFIC INLAND TARIFF BUREAU, AGENT CARRIER, CERTIFICATE, DOCKET OR PERMIT NUMBER AND SCOPE OF OPERATING AUTHORITY ITEM BEST WAY MOTOR FREIGHT, INC. 360 CENT. ICC CERT. MC 9269 Sue 7 REGULAR ROUTES: s GENERAL COMMODITIES, EXCEPT THOSE OF UNUSUAL VALUE, CLASS A AND B EXPLOSIVES, HCri3_ %C.D "s EcE '. DEFINED BY THE COMMISSION, COMMODITIES IN BULK, AND THOSE REQUIRING SPECIAL EQUIPMENT, r Y, ..4A, A' SERVING ICE HARBOR DAM SITE NEAR PASCO, WA, AND PRIEST RAPIDS DAM SITE IN GRANT C0u' A: : OFF-ROUTE POINTS IN CONNECTION WITH CARRIER'S AUTHORIZED REGULAR ROUTE OPERATIONS BE.Tw`_'EN SEATTLE, WA, AND SPOKANE, WA, VIA OTHELLO, WA. ICC CERT. MC 9269 Sue 11 IRREGULAR ROUTES: HEAVY MACHINERY AND EQUIPMENT USED IN CONSTRUCTION, MINING, AND LOGGING OPERATIONS, BETWEEN POINTS IN KING COUNTY, WA, ON THE ONE HAND, AND, ON THE OTHER, POINTS IN L°_MHI, VALLEY, WASHINGTON, CUSTER, BLAINE, ELMORE, BOISE, AND CAMAS COUNTIES, ID, AND POINTS IN MULTNOMAH, COLUMBIA, CLATSOP, TILLAMOOK, WASHINGTON, YAMHILL, POLK, LINCOLN, BENTON,AND LANE COJNTI Ec, OR. MACHINERY, CONTRACTORS' EQUIPMENT, AND MANUFACTURING PLANT EQUIPMENT, BETWEEN SEATTLE, WA, ON THE ONE HAND, AND, ON THE OTHER, POINTS IN ADAMS, VALLEY, LEMI;I, IO.;HC, LEWIS, CLEARWATER, NEZ PEACE, LATAH, SHOSHONE, BENEWAH, KOOTENAI, BDNNER AND BOUNDARY COUNTIES, ID. PIPE REQUIRING THE USE OF SPECIAL EQUIPMENT, BETWEEN SEATTLE, WA, AND PORTLAND, OR, FROZEN BERRIES, IN SEASONAL OPERATIONS, DURING THE PERIOD FROM APRIL 1 THROUGH SI`PTEMirR 30, INCLUSIVE OF EACH YEAR, FROM SALEM AND W00DBURN, OR, TO SEATTLE, WA. #ICC CERT. MC 9269 Sue 15 REGULAR ROUTES: GENERAL COMMODITIES, EXCEPT THOSE OF UNUSUAL VALUE, HOUSEHOLD GOODS AS DEFINED B'( THE COfi`:I::::1Oh1, CLASSES A AND 8 EXPLOSIVES, COMMODITIES IN BULK, AND COMMODITIES REQUIRING SPECIAL EQUIPMENT, BETWEEN TACOMA, WA, AND SPOKANE, WA, SERVING THE INTERMEDIATE POINTS OF MOSES LAKE AND SEATTLE, FROM TACOMA OVER IH 5 TO SEATTLE, WA, THENCE OVER IH 90 TO SPOKANE, AND RETURN OVaN THE. SAME ROUTE. RESTRICTION:- THE AUTHORITY GRANTED HEREIN 18 RESTRICTED TO THE TRANSPORTATION of TRAFFIC MOVING TO, FROM, OR THROUGH MOSES LAKE OR SPOKANE, WA. *ICC DOCKET NO. MC 9269 Sus 17 REGULAR ROUTES: GENERAL COMMODITIES, EXCEPT THOSE OF UNUSUAL VALUE, CLASSES A AND 8 EXPLOSIVES, HOUCEHOLD t;:1��OS AS DEFINED BY THE COMMISSION, COMMODITIES IN BULK, AND THOSE REQUIRING SPECIAL EQ'JteME:NT, SERVING SOAP LAKE, EPHRATA, AND QUINCY, WA, AS OFF -ROUTE POINTS IN CONNECTION WITh APPLICA'N'T':: OTHERWISE AUTHORIZED REGULAR ROUTE OPERATIONS TO AND FROM MOSES LAKE, WA. #ICC DOCKET NO. MC 9269 Sue 18 REGULAR ROUTES: GENERAL COMMODITIES, EXCEPT THOSE OF UNUSUAL VALUE, CLASSES A AND 8 ExPt.O�'IVES, HW )V 'UEEH^ G'�C. AS DEFINED BY THE COMMISSION, COMMODITIES IN BULK, AND THOSE REQUIRING CI'ECIA�. EOUI P.EN'1, SERVING POINTS I N SPOKANE COUNTY, WA, AS INTERMEDIATE AND OFF-ROUTE C I NT'S I N CU71tV _CTI 1'! :.,ITN CARRIER'S AUTHORIZED REGULAR ROUTE OPERATION. §ICC DOCKET N0. MC -F -13509 REGULAR ROUTES: GENERAL COMMODITIES, EXCEPT THOSE OF UNUSUAL VALUE, CLASSES A AND 8 EXPLOSIVES, HOUSEHOLD ( 2S AS DEFINED eY THE COMMISSION, COMMODITIES IN BULK, AND THOSE INJURIOUS OR CONTAMINATING To OTHER LADING, BETWEEN SPOKANE, WA, AND STRATFORD, WA, SERVING THE INTERMEDIATE POINTS OF RE:ARDAN AND EDWALL, WA, AND THE OFF -ROUTE POINTS OF IRBY, MARLIN, WILSON CREEK, AND ADRIAN, WA: FROM SPOKANE OVER USH 2 TO JUNCTION WSH 231, THENCE OVER WSH 231 TO EDWALL, WA, THENCE 't'::�� UNNUMBERED COUNTY ROAD TO JUNCTION WSH 28 APPROXIMATELY SIX (6) MILES NORTH OF HARRINGT N, WA, AND THENCE OVER WSH 28 TO STRATFORD, AND RETURN OVER THE SAME ROUX. (CONTINUED ON PAGE 29) * TRANSFERRED FROM 3RD REVISED PAGE 29. # REFER TO ITEM 860 PUBLISHED ON 1ST REVISED PAGE 49 FOR PROVISIONS IN EFFECT PRIOR TO THE EFFECTIVr.:CATE HEREOF. ICC CERT. MC 9269 AND ICC CERT. MC 9269 Sus 5 PUBLISHED IN ITEM 360 ON ORIGINAL PAGE 28 WILL ON AND AFTER THE EFFECTIVE GATE HEREOF BE FOUND ON PAGE 27. 1 ©SERIES OF PACIFIC INLAND' TARIFF BUREAU, INC., AGENT. THE PROVISIONS PUBLISHED HEREIN WILL, IF EFFECTIVE, NOT RESULT IN AN EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT. For explanation of abbreviations and reference marks not explained on this page, see last page of this tariff. Issued OCTOBER 13, 1978 Effective NOVEMBER 28, 19Th (A-2, 10/2/78) AIssued by J. R. Campbell, Executive Director P.O. Box 4181 Portland, Oregon 97208 ICC PIS 142 MPSC ( IPUC 83 8 PUCO 1 QWN.T. 149 Correction No. 1 .1.2 1 4 TARIFF No. 142 -28- 18T REVISED PAGE 28 ICC PIO 142 IPUC 83 Correction No, 602 . MPSC PUCO 155 OWN.T. 149 TARIFF No. 142 - 29 - 6TH REVISED PAGE 29 BEST WAY MOTOR FREIGHT, INC. 360 $ ICC CERT. MC 9269 REGULAR ROUTES: .s SALT AND BREWERY SUrPLIES AND EQUIPMENT, BETWEEN SEATTLE, WA, AND SPOKANE, WA: FROM SEATTLE OVER USH 10 VIA NORTH BEND, TEANAWAY AND ELLENSSBURG TO BURKE, WA, (ALSO FROM SEATTLE OVER NEW USH 10 TO NORTH SEND) THENCE OVER WSH 7 VIA QUINCY, WILSON CREEK AND HARRINGTCNN TO DAVENPORT, WA, AND THENCE OVER USH 2 TO SPOKANE,AND RETURN OVER THE SAME ROUTE. SERVICE IS NOT AUTHORIZED TO OR FROM INTERMEDIATE POINTS.' SERVICE IS AUTHORIZED TO AND FROM OFF -ROUTE POINT OF TACOMA, WA. ICC CERT. MC 9269 Sue 5 REGULAR ROUTES: GENERAL COMMODITIES, EXCEPT THOSE OF UNUSUAL VALUE, CLASS A AND B EXPLOSIVES, HOUSEHOLD GOODS AS DEFINED BY THE COMMISSION, COMMODITIES IN BULK, AND THOSE REQUIRING SPECIAL EQUIPMENT, BETWEEN SEATTLE, WA, AND OTHELLO, WA, SERVING THE INTERMEDIATE POINT OF WARDEN, WA, WITH SERVICE OVER THIS ROUTE RESTRICTED AGAINST THE TRANSPORTATION OF ANY THROUGH TRAFFIC BETWEEN SEATTLE AND SPOKANE: FROM SEATTLE OVER USH 10 TO JUNCTION U,VNUMGERED HIGHWAY KNOWN AS " OTHELLO CUT -OFF" APPROXI- MATELY 12 MILES EAST OF MOLES LAKE, WA, AND THENCE OVER UNNUIMGERED HIGHWAY VIA WARDEN, WA, TO OTHELLO, AND RETURN OVER THE SAME ROUTE. BETWEEN SPOKANE, WA, AND JUNCTION USH 10 AND UNNUMDERED HIGHWAY KNOWN AS THE "OTHELLO CUT -OFF ", SERVING NO INTERMEDIATE POINTS, AND SERVING THE DESCRIBED JUNCTION SOLELY FOR THE PURPOSE OF JOINDER OF THE TWO ROUTES HEREIN; WITH SERVICE OVER THAT ROUTE RESTRICTED AGAINST THE TRANS - PORTATION OF ANY THROUGH TRAFFIC BETWEEN SEATTLE AND SPOKANE: FROM SPOKANE OVER USH 10 TO THE " OTHELLO CUT -OFF", AND RETURN OVER THE SAME ROUTE. (CONTINUED ON PAGE 28) * TRANSFERRED FROM ORIGINAL PAGE 28. ®SERIES OF PACIFIC INLAND TARIFF BUREAU, INC., AGENT. THE PROVISIONS PUBLISHED HEREIN WILL, IF EFFECTIVE, NOT RESULT IN AN EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT. For explanation of abbreviations and reference marks not explained on this page, Bee last page of this tariff. Issued OCTOBER 13, 1978 Effective NOVEMBER 28, 1978 (A -2, 10/2/78) © Issued by J. R. Campbell, Executive Director P.O. Box 4181 Portland, Oregon 97208 Correction No. 423 - 27 ._ Ptrmit for the (.0eration of - tilotor Propelled Uehicles 1160W - ;, pursuant to the provisions of Chapter 81.80, RCW is authorized to operate motor v as a COMMON CARRIER in the transportation of commodities and in the territory described M- A- B- C- D- E- 1- 2- 3- 7- 8- 11- 13- 15- 17 -18 -19 JUL. 5•- 1978 Dated at Olympia, Washington, Tins Is To Commit: That Best Way Motor :Freight, CC -3391 1765 Sixth Ave South Inc. Seattle Wash 93134 II-1 By. GG > straw • and grain only; Building Materials (excluding cement bulk. in )!tank or bottom dump vehicles or similar. specialized equipment); •and "> Boats in the • State :of Washington; • Unmanufactured . or • unprocessed•: • Agricultural Commodities from • • points ). •of production on - farms for distances not: to exceed 25 miles in. Western Washingtonr Retail Store•: " Delivery Service; Pipe Organs, pipe organ supplies and equipment and • WASHINGTON UTILITIES AND TRANSPORTATION CO s IOW t. f' • �' 7 -G -7Y CONTINUATION OF AUTHORITY FOR: ':Best Way Motoi - F'reigh 1765 Sixth Ave South•' : :„Seattle fl ash 98134 • p ianos• • in King County; '- and Flowers • in Pierce, King • and Snoh6s§t3h Counties and intercounty Authority is granted to join or tack regu"ar •and irregular route operating authority . under this permit at the .common -points of Everett, Seattle and Spokane. Interstate •service as • ::; authorized by : the • Interstate Commerce , Commission, under . Certificate No : ; :MC- 9269 ,; as .. registered with ;;;!the Washington Utilities and Transportation Commission.:; • •i.�• - r: .i'1 Ci :.r {.f},1% `:7:: _ ..�.�r -'..• • � i;L •r ;4•� ,,; . : `�Y .1. � he:following:-:-t°author.it 'was • obtained::by` .transfer` o _,Permit N o' _ c. -i ai&i. from• ` • Y' • �Ev. etgreen�, FreightLines .N,;�Inc;.�.by.!�Order. „ _,. , iSAv•• ; •: - , = • { •.. {(' r . }� ; :. a•�? ,rc;,.. , N x kdFiTN;''•;•'•:' >.: . �F' . 1r•, ',1• {•,t::ji;. : }", 'Y . Y.�.! ?� �i '.fit f, -t '�c`is' !.' �i��!'�. '�9',i1.�':f7s..ln." : ,t : :7 ,' w ' vc�• Y J: {}. Y• ,y . ,. .t. ' ''f. y. • u L � .�: F: ,iY 4'�� -}� �! � '•T� , t .�'t 4, .L�� ,.. x ,. ••. � �.)'r.` %; �� .� :[.; • •. • '• CONSTRUED•. AS .CONFERRING' MORE, - THAN ONE :OPERATING RIGHT NOR SHALL ANY' OF SAID DUPLICATING RIGHT BE. °.AVAILABLE ,FOR;:PURPOSES OF TRANSFER. „.,,. sea ?'44 MOTOR FREIGHT, INC. •EATTLE • MOSES LAKE • SPOKANE 1765 Sixth Avenue So. Seattle, Washington 98134 Dire , ,.! of Public Works Cit l Tukwila 62 Southcenter Boulevard Tukwila, Washington 98188 RE: Freight Terminal Best Way Motor Freight, Inc. lett4,z c _ / 41 DO*7 4-‘44 00 4 Z . : August 22, 1980 We have submitted preliminary plans to the Council & Planning Commission of the City of Tukwila to build a freight terminal . on the East 20 feet of Lot 15, all of Lots 16 through 21, which . fronts on So. 143rd Street. The Planning Commission is concerned about So. 143rd Street, we will participate in a L.I.D. to improve So. 143rd Street, at such time as the City decides to improve the street. As one of . the larger property owners we hope this is satisfactory. WJD /la "Vat Way” e 744e 10a Very truly yours, BEST WAY MOTOR FREIIGHT, INC. William J. Dahl Vice President & General Manager PUUt� F Cif 't OF NIS Sla 1 City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development PLANNING COMMISSION Minutes of the Tukwila Planning Commission Meeting of 28 August 1980. Chairman John Richards convened the Meeting at 8:03 P.M.; Commissioners Orrico, Sowinski and Avery were present. Fred Satterstrom, Project Planner and Mark Caughey, Acting Planning Director, were present to represent the Staff. MOVED BY MR. SOWINSKI, WITH MR. ORRICO'S SECOND, TO APPROVE THE COMMISSION MEETING MINUTES OF 24 JULY 1980 AS PUBLISHED. MOVED BY MR. SOWINSKI, WITH MR. ORRICO'S SECOND, TO APPROVE THE MINUTES OF THE 14 AUGUST 1980 MEETING WITH THE FOLLOWING AMENDMENT: ADD THE WORDING, "AS REQUESTED BY MR. WALSH . OF BESTWAY MOTOR FREIGHT" TO THE END OF THE NEXT -TO -LAST PARAGRAPH OF PAGE 2. BOTH MOTIONS PASSED UNANIMOUSLY. IV) OLD BUSINESS A) APPLICATION 80 -9 -CUP -- BESTWAY MOTOR FREIGHT CO - Requesting approval of a Conditional Use Permit to allow construction of a truck terminal at the easterly terminus of S. 143rd St. adjacent to the Green River. Mark Caughey read the memorandum to the Commission dated 25 August 1980. Thomas Walsh, attorney for Bestway, distributed a letter to the Commission regarding hazardous material regulation, and then emphasized verbally certain of the information contained therein. MOVED BY MR. ORRICO, WITH MR. SOWINSKI'S SECOND, TO APPROVE APPLICATION 80 -9 -CUP SUBJECT TO STIPULATIONS NOTED IN THE MINUTES OF THE PLANNING COM- MISSION OF 14 AUGUST 1980, WITH AN ADDITIONAL STIPULATION AS FOLLOWS: "STORAGE ON THIS SITE OF HAZARDOUS MATERIALS SHALL BE RESTRICTED AS FOLLOWS: a) CLASS "A" AND "B" EXPLOSIVES, AND RADIOACTIVE PRODUCTS SUCH AS NUCLEAR FUEL AND NUCLEAR WASTES ARE PROHIBITED. b) MOTOR FUEL FOR USE ONLY BY EQUIPMENT OF BESTWAY MOTOR FREIGHT OR ITS INTER -LINE ASSOCIATED CARRIERS MAY BE STORED ON THE SITE ONLY IN UNDERGROUND TANKS. MOTION CARRIED 3 -0. cif City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development PLANNING COMMISSION 14 August 1980 Minutes of the continuation of 24 July 1980 Regular Meeting, at which time the Planning Commission tentatively voted to grant a Conditional Use Permit with the conditions set at this meeting to Bestway Motor Freight Incorporated. Chairman Richard Kirsop convened the meeting at 7:20 P.M. Other Commissioners• present included Mr. Sowinski, Mrs. Avery, and Mr. James. Mr. arri arrived late. Caroline Berry and Fred Satterstrom represented the Planning Staff. Staff presented the revised Staff recommended conditions 1 -6. Special con- sideration was suggested for conditions number 3--option for review compli- ance of the conditions every two years, and number 6— the CUP will not be effective until the Environmental Impact Mitigation Agreement is recorded. The official name of the applicants was clarified to be Bestway Motor Freight Incorporated. The terms of the CUP will be edited to read with the official name. The Planning Commission reviewed each of the Staff proposed conditions with the applicant's attorney, Tom Walsh. The following conditons are the actions agreed upon: Condition 1. Agreed with Staff wording in the Summary on page 6 of the Staff recommendations. 2. Mr. Walsh clarified that the Skagit Valley trucks parking is temporary and will stop once Bestway moves in. 3. Planning Commission amended review from once every two years to an option for review once a year. 4. Sidewalks will be required in accordance with Ordi- nance 1158. 5. Item W4, language concerning sound barrier suggested by Bestway was accepted, "The applicant agrees to provide a sound barrier along their property line should the need arise as determined by the Planning Commission." 6. The Planning Commission discussed "natural state" versus "landscaping" in the Environmental Mitigation agreement. Planning Commission concensus that land- scaping improvements are subject to Planning Com- mission- approval. Care and maintenance of the river zone must be consistent with recognized landscaping practices. Planning Commission proposed adding "and" Page 2 �-- Planning Commissior(n tinued Regular Meeting Minutes prepared by: Caroline V. Berry Planning Assistant CVB /jas E.i teen _Avery Secretary to page 5 of the agreement line number 30. Also, to delete item (F) concerning police services. In addition to above conditions, the Planning Commission voiced concern of hazardous materials as they pertain to land use. The Planning Commission directed the Responsible Official in conjunction with the applicant to define the hazardous materials that Bestway will be using on site. The definition will be brougt back to the Planning Commision for approval and then will be added to the list of conditions of the Conditional Use Permit. Discussion of the Conditional Use Permit will continue on the Regular P1 ning Commission Meeting, 28 August 1980 ' , bs U �'p !4 MR. w h ur 15'ri ' Chairman Kirsop adjourned the meeting at 9:35 P.M. TUKWILA PLANNING COMMISSION ( City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 PLANNING COMMISSION Minutes of the Regular Meeting of the Tukwila Planning Commission of 24 July 1980. . Chairman Richard Kirsop convened the meeting at 8:07 P.M. All Commissioners except Mrs. Avery were present. Al Pieper, Building Official, and Mark Caughey, Acting Planning Director, represented the Staff. APPROVAL OF MINUTES Mr. Caughey explained that the minutes of the Regular Meeting of 26 dune 1980 are not yet transcribed; the Commission then voted to defer their review. CITY COUNCIL ACTIONS: Mark Caughey explained that the proponents of the "Sunwood" condominium pro- ject recently appeared before Council to request modification of their condi- tions of zoning approval. •Council directed them to file for a public hearing before the Planning Commission according to standard procedures. Therefore, it is likely that re- assessment of zoning conditions and a preliminary plat application will appear on the Commission's August agenda. SIGN REVIEW: A) JOHN MARIE STUDIOS: Al Pieper presented the Staff Report discussing a proposed exterior wall sign for Southcenter Mall. MOVED BY MR. RI•CHARDS, WITH MR. ARVIDSON'S SECOND, TO APPROVE THE SIGNING APPLICATION FOR JOHN MARIE STUDIOS. MOTION CARRIED UNANI- MOUSLY. B) GRAN TREE FURNITURE: Mr. Pieper read his Staff Report and displayed a colored drawing of the existing and proposed exterior color schemes. He explained that the Gran Tree organization is before the Commission at this time to seek guidance on their new paint scheme prior to ob- taining necessary permits. Richard Collared was present from the Gran Tree organization. Chairman Kirsop suggested enhancing vertical pilasters by alternating contrast- ing colors with the building wall. Mr. Richards suggested use of more subtle colors to accentuate the visual merits of the building. Mr. Kirsop reminded the applicant that the Commission has, in the past, interpreted that building graphics are considered signs. C) A l Pieper distributed copies of a revised ordinance amending the Sign Code to allow B.A.R. consideration of added signage for larger buildings. He explained that the text of the ordinance does not seem to conform to the Commission's expressed guidance at their 26 June meeting. He was authorized by the Commission to revise the ordinance accordingly. Page 2 Planning CommissioC Rdyular Meeting Chairman Kirsop received Commission concurrence at this time to modify the agenda order to consider B.A.R. actions prior to advertised public hearings. BOARD OF ARCHITECTURAL REVIEW A) Tukwila Baptist Church - Request approval of modification to the roof - line of the existing sanctuary /classroom area. Mr. Caughey read the Staff Report. Mr. George Cox then came forward to repre- sent the church. In response to questions from the Commission, he explained that the upper floor of the classroom wing will be used as a worship hall temporarily, as construction of the new sanctuary may be deferred for a year or longer. MOVED BY MR. RICHARDS, WITH MR. ARVIDSON'S SECOND, TO APPROVE MODIFICATION OF THE ROOFLINE OF TUKWILA BAPTIST CHURCH AS DEPICTED ON EXHIBITS B -F OF THE APPLICATION, ACCORDING TO THE FOLLOWING STIPULATIONS: 1) PRIOR TO OBTAINING AN OCCUPANCY CERTIFICATE FOR THE "CLASSROOM" WING PORTION OF THE CHURCH BUILDING, THE APPLICANTS WILL SUBMIT A LANDSCAPE PLAN FOR STAFF APPROVAL DEPICTING INTERIM TREATMENT OF THE GROUND AREA TO BE DEVELOPED AS THE FUTURE CHURCH SANCTUARY. SUCH INTERIM LANDSCAPE TREATMENT SHALL INCLUDE USE OF SHRUBS AND LIVE GROUNDCOVERS. 2) IN THE EVENT THAT CONSTRUCTION OF THE SANCTUARY PORTION OF THE BUILD- ING IS DELAYED LONGER THAN ONE (1) YEAR FROM THE EFFECTIVE DATE OF THE ROOFLINE MODIFICATION APPROVAL BY THE BOARD OF ARCHITECTURAL REVIEW, THE PLANNING COMMISSION RESERVES THE OPTION TO RE -OPEN HEARING OF CON- DITIONAL USE PERMIT 78 -10 -CUP FOR POSSIBLE MODIFICATION OR REVOCATION. MOTION CARRIED 6 -0. PUBLIC HEARINGS A) Application 80 -9 -CUP: Bestway Motor Freight Co. - Requesting approval of a Conditional Use Rermit to allow construction and operation of a truck terminal in an (M -1) Light Industry Zoning district. Mr. Caughey asked the Commission to dispense with formal reading of the Staff Report. The Commission asked that only the "introduction" and "irecom - mendation" portions be read. Mr. James suggested that the Commission may wish to decide whether or not to grant the conditional Use Rermit, and if so, to defer lengthy discussion of the conditions until that decision is made. Tom Walsh, Attorney for Bestway Motor Freight Co. He introduced other par- ticipants of the development team: Bill Dahl, General Manager of Bestway; Dunc Landsem,.Contractor; Jon Potter, Planning Consultant; Randy Slate, Hydraulics Engineer; Ken Cottingham, Transportation Engineer. Page 3 Planning Commissid( . Regular Meeting Mr. Walsh highlighted verbally the content of his correspondence dated 24 July 1980. He gave a brief description of the scope of Bestway's opera- tion, and overview of the proposed project, and legal justification for approval of the Conditional Use Permit. Mr. Walsh then discussed certain of the conditions proposed by Staff to be added to the use permit which Bestway finds unacceptable as written. First, the proposed non - transferability of the C.U.P.; this condition restricts future saleability of the land. He suggested alternative language binding future purchasers to follow all conditions of the C.U.P. Second, regarding restriction of ancillary activity to Bestway's use only; they suggested limiting the amount of such activity to a previously - agreed level. Regard- ing reduction in the number of curb cuts, he stated their wish to retain all curb cuts proposed to maximize circulation efficiency. The most significant concern is the proposed sound wall on the west bound- ary of the project. He expressed some doubt about its effectiveness to control residential noise impact. Mr. Walsh also noted that Bestway may purchase additional property west of their proposed boundary reducing the sound wall's potential benefit to surrounding properties. Bestway proposes to go on record as willing to install such a facility as such time as future need for it arises. Mr. Walsh summarized evidences of Bestway's willingness to cooperate with other suggested mitigation measures required by Staff. Chairman Kirsop asked the applicant why they are leaving their Seattle location. Mr. Dahl explained that loss of their current lease and south- ward shift of their market area increase the attractiveness of Tukwila as their new location. In response to Mr. Arvidson's question, Mr. Dahl explained that westward expansion of their facility into Alaska Camper's present site is unlikely; Mr. Walsh reminded the Commission that expansion of the facility would require rehearing of the C.U.P. Mr. Richards and Mr. James both expressed concerns about present actions setting binding precedent for future city approval actions. Mr. Walsh stated his belief that the expansion question is irrelevent to the present action, and that the only criteria for judge- ment are those specified in the M -1 Zone. Mr. James asked if other locations had been investigated. Mr. Dahl stated that they had investigated other areas, but found construction costs infeasible. In response to•a question by Staff, Mr. Walsh explained that the Bestway site is being purchased under real estate contract. He then explained the poten- tial economic losswhi Bestway may sustain if the property is "Downzoned ". Mr. Richards objected to the introduction of "Downzoning" as an irrelevent point of discussion, noting that the current and proposed zoning of the site are the same. Page 4 Planning Commiss(., kegular Meeting Mr. Cottingham then summarized his findings relative to the transportation impacts of the Bestway proposal. He began by clarifying his study assump- tions and applicable trip - generation standards. He also stated that his study reflects consistency with the city's transportation improvement study for the Interurban Avenue corridor prepared by Entranco Engineers. Considerable discussion ensued regarding the volume of truck traffic occur - ing on Interurban Avenue, and the attendent safety implications of the pre- sent roadway configuration. In response to Mr. Richards, Mr. Cottingham verified his conclusion that Interurban Avenue can safely accomodate traffic generated by the proposed Bestway project. Regarding S. 143rd, Mr. Cottingham emphasized that proper safety would suggest the need for all proposed curb cuts tobe maintained. However, some modification of the passenger car parking layout could reduce the number of curb cuts needed without severe safety impacts. Mr. Cottingham also noted that double - trailer rigs can maneuver on right -turns without crossing the centerline of S. 143rd. Some discussion followed about the future of larger freight rigs and the continued suitability of this area of the community to accomodate their impacts. Mr. James ascertained from Mr. Dahl that Bestway is permitted to haul hazar- dous cargos. Discussion followed as to Bestway's future intent, if any, to undertake hauling of hazardous materials and to bring such materials onto this site. After questioning Mr. Dahl about truck driver licensing regulations in Washington State, Mr. James cited statistical information suggesting that most fatalities associated with truck accidents affect persons other than the truck driver. He related that statement to his concern about the already high volume of truck travel on Interurban Avenue and the comulative affect of increasing truck terminal operations in that neighborhood. Mr. James was authorized by the Chair to present his slide program; Bestway then requested the opportunity to present a closing statement before the public hearing is terminated. Mr. James began his presentation; Mr. Walsh, on behalf of Bestway, stated his objection to the presentation, contending that the content thereof was irrelevent and prejudicial to the project proposed, or the criteria speci- fied for Conditional Use Permit review. Chairman Kirsop stated his percep- tion of the slide presentation was that Mr. James was using this medium to illustrate his viewpoint. Mr. James stated that his duty as a Planning Com- missioner compels him to address public safety issues in the context of a specific application. The trend - setting result of approving this use permit will further erode public safety of Interurban Avenue, in his opinion. The Chair permitted continuation of Mr. James' presentation. At this point, Mr. Walsh raised a second objection, claiming that Mr. James' continued participation in these procedings violates the appearance of fair- ness doctrine.due to his evident formation of a decision viewpoint on the Bestway project prior to the public hearing. Mr. James reinstated his pos- ition that his efforts are intended only to contribute to the total store of Page 5 ( Planning Commiss(.,, "Regular Meeting information from which the Commission is to make its decision on the use permit. Mr. Orrico, observing the lateness of the hour, requested once again that the Commission divide its decision first upon the issuance or not of the Condi- tional Use Permit, and subsequently upon the conditions attached thereto.. In his closing remarks, Mr. Walsh urged the Commission's approval of the Conditional Use Permit, and suggested that if the Commission wishes further restriction on truck terminals within the City, that a change of zoning be instituted to accomplish that purpose. Chairman Kirsop then closed the public hearing. MOVED BY MR. ARVIDSON, WITH MR. ORRICO'S SECOND THAT THE CONDITIONAL USE PERMIT BE APPROVED SUBJECT TO IMPOSITION OF CONDITIONS AS DETERMINED BY THE COMMISSION. MR. ARVIDSON MOVED TO AMEND HIS PREVIOUS MOTION TO CONSIDER CONDITIONS ATTACHED TO THE CONDITIONAL USE PERMIT AT THE NEXT WORK SESSION (14 August 1980) OF THE COMMISSION. MR. ORRICO SECONDED THE AMENDMENT. THE AMEND- MENT CARRIED BY VOICE VOTE. MAIN MOTION APPROVED BY THE FOLLOWING ROLL -CALL VOTE: IN FAVOR - ORRICO, SOWINSKI, ARVIDSON ABSTAIN - JAMES NOT VOTING - RICHARDS Mr. Richards stated his need for additional time to reflect upon the testi- mony presented this evening prior to making a decision. Chairman Kirsop announced that the preliminary vote of the Commission on approval of the Conditional Use Permit is favorable. In response to Mr. James' question, the Commission agreed that this preliminary vote may be reversed at the Work Session review of conditions. Mr. James stated his intent to ask the Commission to rescind its vote of approval at the August 14 Work Ses- sion. The Commission adjourned at 11:27 P.M. Minutes pared by: Mark Caughey Acting Planning Director MC /jas TUKWILA PLANNING COMMISSION Richard Kirsop Chairman Al City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor MEMORANDUM TO: F i l e FROM: Planning Staff DATE: 18 August 1980. A.M. SUBJECT: MEETING WITH BESTWAY MOTOR FRIEGHT INC. - Definition of Hazardous Materials Bestway Motor Freight Inc. representatives introduced Mr. Bruce Fleming, a retired Department of Transportation employee. Purpose of the meeting was to discuss the definition of hazardous materials that will be stored on site in Tukwila by Bestway. Mr. Fleming suggested generalized classifications would provide easy to understand language that would serve the purpose of the Planning Commission. He felt this was a better alternative than using the charts provided in the "Code of Federal Rules of Motor Carriers ", which was adopted by Washington State. This is too bulky for the Planning Commission's purpose, over 100 pages. Mark Caughey, the Responsible Official, requested Bestway to provide a list of present and potential hazardous materials that they transport. Response from Bestway that they will by transporting what their "C" type permit will allow. Mr. Caughey, then, requested a copy of those items. Bestway agreed to provide this. Bestway explained that the "C" type permit prohibits class "A" and "B" explosives and bulk materials, however would allow poisonous and flammable materials as permitted in Class "A" and "B ". Thomas M. Walsh 909 Seattle Tower Seattle, WA 98101 SUBJECT: APPLICATION 80 -9 -CUP, BESTWAY MOTOR FREIGHT At its Regular Meeting of 24 July 1980, the Planning Commission of the City of Tukwila voted tentative approval of this appli- cation, and elected to take -up discussion of conditions attached to their approval two weeks hence. Please note that the next meeting of the Planning Commission is scheduled for 14 August 1980, not 7 August =1980- as•tndicated at 'last night's meeting. We anticipate sending to you a supplemental. Staff Report dis- cussing revised conditions of approval for 80 -9 -CUP, and a copy of summary minutes from the 24 July meeting. Please call me if you have questions on these matters. MC /jas City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development cc: Bestway Motor Freight Inc. 1765 6th Ave. S. Seattle, WA 98134 TUKWILA INNING DEPT. Mark' Caughey Acting Director. 25 July 1980 1908 City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 PLANNING COMMISSION Minutes of the Regular Meeting of the Tukwila Planning Commission of 24 July 1980. Chairman Richard Kirsop convened the meeting at 8:07 P.M. All Commissioners except Mrs. Avery were present. Al Pieper, Building Official, and Mark Caughey, Acting Planning Director, represented the Staff. APPROVAL OF. MINUTES Mr. Caughey explained that the minutes of the Regular Meeting of 26 June 1980 are not yet transcribed; the Commission then voted to defer their review. CITY COUNCIL ACTIONS: Mark Caughey explained that the proponents of the "Sunwood" condominium pro- ject recently appeared before Council to request modification of their condi- tions of zoning approval. Council directed them to file for a public hearing before the Planning Commission according to standard procedures. Therefore, it is likely that re- assessment of zoning conditions and a preliminary plat application will appear on the Commission's August agenda. SIGN REVIEW: A) JOHN MARIE STUDIOS: Al Pieper presented the Staff Report discussing a proposed exterior wall sign for Southcenter Mall. MOVED BY MR. RICHARDS, WITH MR. ARVIDSON'S SECOND, TO APPROVE THE SIGNING APPLICATION FOR JOHN MARIE STUDIOS. MOTION CARRIED UNANI- MOUSLY. B) GRAN TREE FURNITURE: Mr. Pieper read his Staff Report and displayed a colored drawing of the existing and proposed exterior color schemes. He explained that the Gran Tree organization is before the Commission at this time to seek guidance on their new paint scheme prior to ob- taining necessary permits. Richard Collared was present from the Gran Tree organization. Chairman Kirsop suggested enhancing vertical pilasters by alternating contrast- ing colors with the building wall. Mr. Richards suggested use of more subtle colors to accentuate the visual merits of the building. Mr. Kirsop reminded the applicant that the Commission has, in the past, interpreted that building graphics are considered signs. C) A l Pieper distributed copies of a revised ordinance amending the Sign Code to allow B.A.R. consideration of added signage for larger buildings. He explained that the text of the ordinance does not seem to conform to the Commission's expressed guidance at their 26 June meeting. He was authorized by the Commission to revise the ordinance accordingly. Page 2 Planning Commission ( 3gular Meeting Chairman Kirsop received Commission concurrence at this time to modify the agenda order to consider B.A.R. actions prior to advertised public hearings. BOARD OF ARCHITECTURAL REVIEW A) Tukwila Baptist Church - Request approval of modification to the roof - line of the existing sanctuary/classroom area.... Mr. Caughey read the Staff Report. Mr. George Cox then came forward to repre- sent the church. In response to questions from the Commission, he explained that the upper floor of the classroom wing will be used as a worship hall temporarily, as construction of the new santhiary may be deferred for a year or longer. MOVED BY MR. RICHARDS, WITH MR. ARVIDSON'S SECOND, TO APPROVE MODIFICATION OF THE ROOFLINE OF TUKWILA BAPTIST CHURCH AS DEPICTED ON EXHIBITS B -F OF THE APPLICATION, ACCORDING TO THE FOLLOWING STIPULATIONS: 1) PRIOR TO OBTAINING AN OCCUPANCY CERTIFICATE FOR THE "CLASSROOM" WING PORTION OF THE CHURCH BUILDING, THE APPLICANTS WILL SUBMIT A LANDSCAPE PLAN FOR STAFF APPROVAL DEPICTING INTERIM TREATMENT OF THE GROUND AREA TO BE DEVELOPED AS THE FUTURE CHURCH SANCTUARY. SUCH INTERIM LANDSCAPE TREATMENT SHALL INCLUDE USE OF SHRUBS AND LIVE GROUNDCOVERS. 2) IN THE EVENT THAT CONSTRUCTION OF THE SANCTUARY PORTION OF THE BUILD- ING IS DELAYED LONGER THAN ONE (1) YEAR FROM THE EFFECTIVE DATE OF THE ROOFLINE MODIFICATION APPROVAL BY THE BOARD OF ARCHITECTURAL REVIEW, THE PLANNING COMMISSION RESERVES THE OPTION TO RE -OPEN HEARING OF CON- DITIONAL USE PERMIT 78 -10 -CUP FOR POSSIBLE MODIFICATION OR REVOCATION. MOTION CARRIED 6 -0. PUBLIC HEARINGS A) Application 80 -9 -CUP: Bestway Motor Freight Co. - Requesting approval of a Conditional Use Rermit to allow construction and operation of a truck terminal in an (M -1) Light Industry Zoning district. Mr. Caughey asked the Commission to dispense with formal reading of the Staff Report. The Commission asked that only the "introduction" and "recom- mendation" portions be read. Mr. James suggested that the Commission may wish to decide whether or not to grant the conditional Use Rermit, and if so, to defer lengthy discussion of the conditions until that decision is made. Tom Walsh, Attorney for Bestway Motor Freight Co. He introduced other par- ticipants of the development team: Bill Dahl, General Manager of Bestway; Dunc Landsem, Contractor; Jon Potter, Planning Consultant; Randy Slate, Hydraulics Engineer; Ken Cottingham, Transportation Engineer. Page 3 Planning Commission.?egular Meeting c Mr. Walsh highlighted verbally the content of his correspondence dated 24 July 1980. He gave a brief description of the scope of Bestway's opera- tion, and overview of the proposed project, and legal justification for approval of the Conditional Use Permit. Mr. Walsh then discussed certain of the conditions proposed by Staff to be added to the use permit which Bestway finds unacceptable as written. First, the proposed non - transferability of the C.U.P.; this condition restricts future saleability of the land. He suggested alternative language binding future purchasers to follow all conditions of the C.U.P. Second, regarding restriction of ancillary activity to Bestway's use only; they suggested limiting the amount of such activity to a previously- agreed level. Regard- ing reduction in the number of curb cuts, he stated their wish to retain all curb cuts proposed to maximize circulation efficiency. The most significant concern is the proposed sound wall on the west bound- ary of the project. He expressed some doubt about its effectiveness to control residential noise impact. Mr. Walsh also noted that Bestway may purchase additional property west of their proposed boundary reducing the sound wall's potential benefit to surrounding properties. Bestway proposes to go on record as willing to install such a facility as such time as future need for it arises.. Mr. Walsh summarized evidences of Bestway's willingness to cooperate with other suggested mitigation measures required by Staff. Chairman Kirsop asked the applicant why they are leaving their Seattle location. Mr. Dahl explained that loss of their current lease and south- ward shift of their market area increase the attractiveness of Tukwila as their new location. In response to Mr. Arvidson's question, Mr. Dahl explained that westward expansion of their facility into Alaska Camper's present site is unlikely; Mr. Walsh reminded the Commission that expansion of the facility would require rehearing of the C.U.P. Mr. Richards and Mr. James both expressed concerns about present actions setting binding precedent for future city approval actions. Mr. Walsh stated his belief that the expansion question is irrelevent to the present action, and that the only criteria for judge- ment are those specified in the M -1 Zone. • Mr. James asked if other locations had been investigated. Mr. Dahl stated that they had investigated other areas, but found construction costs infeasible. In response to a question by Staff, Mr. Walsh explained that the Bestway site is being purchased under real estate contract. He then explained the poten- tial economic loss which Bestway may sustain if the property is "Downzoned ". Mr. Richards objected to the introduction of "Downzoning" as an irrelevent point of discussion, noting that the current and proposed zoning of the site are the same. Page 4 Planning Commissi Regular Meeting Mr. Cottingham then summarized his findings relative to the transportation impacts of the Bestway proposal. He began by clarifying his study assump- tions and applicable trip - generation standards. He also stated that his study reflects consistency with the city's transportation improvement study for the Interurban Avenue corridor prepared by Entranco Engineers. Considerable discussion ensued regarding the volume of truck traffic occur - ing on Interurban Avenue, and the attendent safety implications of the pre- sent roadway configuration. In response to Mr. Richards, Mr. Cottingham verified his conclusion that Interurban Avenue can safely accomodate traffic generated by the proposed Bestway project. Regarding S. 143rd, Mr. Cottingham emphasized that proper safety would suggest the need for all proposed curb cuts tobe maintained. However, some modification of the passenger car parking layout could reduce the number of curb cuts needed without severe safety impacts. Mr. Cottingham also noted that double - trailer rigs can maneuver on right -turns without crossing the centerline of S. 143rd. Some discussion followed about the future of larger freight rigs and the continued suitability of this area, of the community to accomodate their impacts. Mr. James ascertained from Mr. Dahl that Bestway is permitted to haul hazar- dous cargos. Discussion followed as to Bestway's future intent, if any, to undertake hauling of hazardous materials and to bring such materials onto this site. After questioning Mr. Dahl about truck driver licensing regulations in Washington State, Mr. James cited statistical information suggesting that most fatalities associated with truck accidents affect persons other than the truck driver. He related that statement to his concern about the already high volume of truck travel on Interurban Avenue and the comulative affect of increasing truck terminal operations in that neighborhood. Mr. James was authorized by the Chair to present his slide program; Bestway then requested the opportunity to present a closing statement before the public hearing is terminated. Mr. James began his presentation; Mr. Walsh, on behalf of Bestway, stated his objection to the presentation, contending that the content thereof was irrelevent and prejudicial to the project proposed, or the criteria speci- fied for Conditional Use Permit review. Chairman Kirsop stated his percep- tion of the slide presentation was that Mr. James was using this medium to illustrate his viewpoint. Mr. James stated that his duty as a Planning Com- missioner compels him to address public safety issues in the context of a specific application. The trend - setting result of approving this use permit will further erode public safety of Interurban Avenue, in his opinion. The Chair permitted continuation of Mr. James' presentation. At this point, Mr. Walsh raised a second objection, claiming that Mr. James' continued participation in these procedings violates the appearance of fair- ness doctrine due to his evident formation of a decision viewpoint on the Bestway project prior to the public hearing. Mr. James reinstated his pos- ition that his efforts are intended only to contribute to the total store of Page 5 Planning Commiss,, ReguTar Meeting MAIN MOTION APPROVED BY THE FOLLOWING ROLL -CALL VOTE: IN FAVOR - ORRICO, SOWINSKI, ARVIDSON ABSTAIN - JAMES NOT VOTING - RICHARDS information from which the Commission is to make its decision on the use permit. Mr. Orrico, observing the lateness of the hour, requested once again that the Commission divide its decision first upon the issuance or not of the Condi- tional Use Permit, and subsequently upon the conditions attached thereto.. In his closing remarks, Mr. Walsh urged the Commission's approval of the Conditional Use Permit, and suggested that if the Commission wishes further restriction on truck terminals within the City, that a change of zoning be instituted to accomplish that purpose. Chairman Kirsop then closed the public hearing. MOVED BY MR. ARVIDSON, WITH MR. ORRICO'S SECOND THAT THE CONDITIONAL USE PERMIT BE APPROVED SUBJECT TO IMPOSITION OF CONDITIONS AS DETERMINED BY THE COMMISSION. MR. ARVIDSON MOVED TO AMEND HIS PREVIOUS MOTION TO CONSIDER CONDITIONS ATTACHED TO THE CONDITIONAL USE PERMIT AT THE NEXT WORK SESSION (14 August 1980) OF THE COMMISSION. MR. ORRICO SECONDED THE AMENDMENT. THE AMEND- MENT CARRIED BY VOICE VOTE. Mr. Richards stated his need for additional time to reflect upon the testi- mony presented this evening prior to making a decision. Chairman Kirsop announced that the preliminary vote of the Commission on approval of the Conditional Use Permit is favorable. In response to Mr. James' question, the Commission agreed that this preliminary vote may be reversed at the Work Session review of conditions. Mr. James stated his intent to ask the Commission to rescind its vote of approval at the August 14 Work Ses- sion. The Commission adjourned at 11 :27 P.M. Minutes /epared by: Mark Caughey Acting Planning Director MC /jas TUKWILA PLANNING COMMISSION Richard Kirsop Chairman AGENDA ITEM CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT BESTWAY MOTOR FREIGHT - C.U.P. (Supplemental Staff Report) INTRODUCTION At the Commission's Regular Meeting of 24 July 1980, a public hearing was held on application 80 -9 -CUP for Bestway Motor Freight's proposed truck terminal at the easterly ternimus of S. 143rd St. It seemed to be the consensus of those Commissioners who voted to approve the Conditional Use Permit, but to defer detailed dicussion of the stipulations attached thereto until the 14 August 1980 work session. As you may recall, Bestway took exception to some of the conditions pro- posed by Staff, and suggested alternate verbage in some instances. The purpose of this report is to compare the proposed staff and applicant ver- sions of the conditions, and to present staff's rationale and recommendation for the most - preferred alternative language in each instance. DISCUSSION A) Proposed Condition #1: (Transferability) -- Staff - Suggested Wording: This Conditional Use Permit allows the operation of truck terminal as defined by the Tukwila Board of Adjustment on 4 October 1978. The Conditional Use Permit is issued only to Bestway Motor Freight Co. and is not transferable. In the event that Bestway Motor Freight Co. ceases to occupy the subject premises, or ceases to conduct truck terminal operations on this site for more than 30 consecutive calendar days, the Conditional Use Permit is void. Applicant's Proposed Amendment: This Conditional Use Permit allows the operation of truck terminal as defined by the Tukwila Board of Adjustment on 4 October 1978. All conditions imposed on the issuance of this Conditional Use Permit will apply to Bestway Motor Freight, Inc. and to all future purchasers and assigns from Bestway. In the event that Bestway Motor Freight Co. ceases to occupy the subject premises, or ceases to conduct truck terminal operations on this site for more than 30 consecutive calendar days, the Conditional Use Permit is void. Page 2 (r, Applicant's Rationale for Proposed Amendment: This provision severely restricts Bestway's ability to market this property in the future. It would require that any future purchaser go through the same lengthy and expensive land use approval process as Bestway, with no reasonable assurance the property could continue to be used for a motor freight terminal. It would lower the property's value, and make it more difficult for Bestway to locate a purchaser. . Staff Recommendation Approval of the amended language as proposed. Our purpose in suggesting the condition in its present form is to guard against the possibility that future tenants of this site wishing to con- tinue trucking operations will violate the carefully- orchestrated controls developed during this approval process. For example, we wish to insure that a subsequent freight hauling organization does not engage in large -scale transportation or storage of hazardous materials, or use refrigerated vans. However, we feel that the proposed amendment, coupled with the on -going periodic review option suggested in condition #3, will adequately protect the community's interests without unduly burdening marketability of this site. B) Proposed Condition #2. (Ancillary Activities) - - Staff - Suggested Wording: Activities on site ancillary to the processes of Motor Freight Transportation such as vehicle storage, vehicle repair, admini- strative offices and warehousing shall be restricted to serve Bestway Motor Freight Co. only. - - Applicant's Proposed Amendment Activities on site ancillary to the processes of Motor Freight Transportation such as vehicle storage, vehicle repair, admini- strative offices and warehousing shall be restricted to serve Bestway Motor Freight Co. only, except for minimal use of the site by trucks owned by other companies not to exceed 5 trucks per day. • -- Applicant's Rationale for Proposed Amendment This provision will unduly restrict Bestway's operations. Trucks' from other companies connect with Bestway's lines at Bestway's terminal three or four times a day. These connections are pursuant to inter -line agreements which are standard with the trucking busi- ness. Prohibiting these trucks from ancillary activities on Best - way's property would cause logistical problems. 1 Page 3 (i Staff Recommendation When staff formulated this condition, it was our intent to prevent exacerbation of existing levels of traffic congestion and air pollution by limiting uses of the site only to Bestway. This restriction would insure, for example, that this site does not become a defacto regional repair facility or warehouse. We were surprised to learn after preparing our Staff Report for 24 July, that trucks other than those owned or directly- controlled by Best - way will visit the site on a regular basis. This fact was not brought -out during the City Council's waiver review process, and represents a serious potential to disrupt control mechanisms incor- porated into the Bestway Use Permit. For example, what means exist to insure that Bestway's inter -line carriers will not violate noise - impact restrictions by using "Jake Brakes "? Can Bestway reasonably be expected to assume a self - policing role fn making certain that carriers beyond their control respect the same restrictions imposed on Bestway's own operation? The proposed amendment does not, in Staff's view, insure adequate protection to the Community from this aspect of Bestway's operation. In the absence of amore concise approach, Staff recommends that our originally - proposed wording for condition #2 be retained. C) Proposed Condition #3 (Periodic Review) - - Staff - Suggested Wording: The Conditional Use Permit shall be subject to review at two -year intervals at the option of the Planning Commission. Such review shall be for the purpose of monitoring compliance with stipulations of this Conditional Use Permit, and compliance with approved environ- mental mitigation measures. No alternative wording is suggested by the applicants. D) Proposed Condition #4 (Sidewalk Requirement) - - Staff - Suggested Wording: Sidewalks adjacent to the south frontage of this site shall be provided in accordance with City Ordinance 1158. - - Applicant's Proposed Amendment While not suggesting an alternate wording for this condition, the applicants wish to defer action on this matter until a neigh- borhood L.I.D. might be formed. - - Staff Recommendation Staff recommends that the present version of this condition be retained. Ordinance 1158 was passed by City Council early this year for the very purpose of insuring that Commercial /Indus- trial area sidewalks are installed at the inception of a new pro - ject, rather than on a retrofit basis. This approach insures that Page 4 sidewalks will complement, not supplant, frontage landscaping, and that safe public access corridors to the city's river trail system are quickly established. E) Proposed Condition #5 (B.A.R. Approval Guidelines) -- Staff - Suggested Wording: The general site layout and architectural concept depicted on Exhibits A and B.are approved; however, a detailed site archi- tectural elevation and landscape plan shall be submitted for Board of Architectural Review prior to issuance of Building Permits. The submittal to B.A.R. shall demonstrate compliance with the fol- lowing guidelines: (1) Observance of all required setbacks (2) Elimination of all roadways within the 40' river use zone (3) Maximum of 2 curb cuts from S. 143rd Street (4) Compliance with landscape /sound wall direction given in Section V of this staff report. -- Applicant's Proposed Amendment: (a) Delete 5(3) - to allow all 4 curb cuts to remain in use (b) Revise 5(4) -to provide that a sound control barrier be installed only in the instance of demonstrated. -- Applicant's Rationale for Proposed Amendment Curb cuts. As currently designed, the proposal has four curb cuts- - one for the visitor parking area, and three for the trucks. The staff report suggests that one of the curb cuts for the trucks (the center of the three cuts) presents a potential three -way con- flict with office /warehouse traffic, shop traffic, and motorists entering the site from South 143rd Street. We disagree, and ask that you approve all four cuts we have requested. The entrance /exit served by this curb cut is wide enough to allow two trucks to pass side by side. All trucks will be moving to or from the west, thereby avoiding any crossover traffic. Any corridor blockage on the property would be temporary, whle trucks are moving 'between building. Finally, South 143rd is a dead -end street and there is virtually no vehicular traffic to block other than Bestway vehicles. Sound wall. This is an expensive proposal. Our estimates indicate that this type of wall would cost approximately $30,000. Therefore, we want to insure that a sound wall will actually be needed. Bestway is purchasing the property 100 feet west of its proposed development, including the property now used by Alaskan Campers Northwest, Inc. It makes little sense to require Bestway to con- struct a wall through the middle of its property. The businesses adjoining the site on the west side are light indus- try- -light manufacturing and trucking. These businesses do not need to be sheltered from Bestway's sound, and support Bestway's Page 5 application for a permit. Appendix B to this letter is a group of letters from Bestway's neighbors supporting Bes•tw'ay's appli- cation. The uses which would benefit from noise reductions are the resi- dences located on the hill on the west side of Interurban Avenue. However, a sound wall will not dampen the sound to these residences. A sound wall is effective only for a short distance on the adjoin- ing properties. -- Staff Recommendation: (a) Curb cuts - Based on expert testimony received during the 24 July hearing, Staff suggests deletion of stipulation 5(3), allowing all four curb - breaks shown on Exhibit A to remain. (b) Sound wall - Staff agrees that the device should he required only as the need for it arises. Contrary to assertions made by Bestway at the 24 July hearing, the proposed sound wall was never anticipated to control noise impacts on Tukwila hill residents. Rather, it is intended to protect redevelopment potential of surrounding properties, particularly those to the west. We suggest that condition #5 be worded as follows: The general site layout and architectural concept depicted on Exhibits A and B are approved; however, a detailed site architectural elevation and landscape plan shall be submitted for Board of Archi- tectural Review prior to issuance of Building Permits. The submittal to B.A.R. shall demonstrate compliance with the following guidelines: (1) Observance of all required setbacks (2) Elimination of all roadways within the 40' river use zone (3) Compliance with landscape direction given in Section V of the staff report for application 80 -9 -CUP. (4) Provision for future installation of a noise control barrier on the west boundary of the site, at such time as as a sound - sensitive use such as office, residential, or electronic /instrument assembly /research or retail is approved for development on any property within 200' west of said west boundary. F) Proposed Condition #6: (Environmental Impact Mitigation) -- Staff - Suggested Wording: This Conditional Use Permit shall not become effective until the Environmental Impact Mitigation Agreement required under City File EPIC - 133 -80 is recorded. No suggested Amendments were received. .SUMMARY Based on the forgoing discussion, Staff suggests that the following stipulations be added to your Commission's approval of application 80 -9 -CUP: ' Page 6 1) This Conditional Use Permit allows the operation of truck terminal as defined by the Tukwila Board of Adjustment on 4 October 1978. All conditions imposed on the issuance of this Conditional Use 'Permit will apply to Bestway Motor Freight, Inc. and to all future purchasers and E'' assigns from Bestway. In. the event that Bestway. Motor Freight Co.. ceases to occupy the subject premises, or ceases to conduct truck .. terminal operations on this site for more than 30 consecutive calendar days, the Conditional Use Permit is void. 2) Activities on site ancillary to the processes of Motor Freight Trans- portation such as vehicle storage, vehicle repair, administrative offices and warehousing shall be restricted to serge Bestway Motor Freight 9. Co. only lit Ntlitbuda U o { S( 1ti+1 tWlt3 OwVt el O11Wite , Gb1 aµ+ i s KO — to taut r t vas Futtm. o r 01'x' 3) The Conditonal Use Permit shall be subject to review at t)(c -year intervals at the option of the Planning Commission. Such review shall be for the purpose of monitoring compliance with stipulations of this Conditional Use Permit, and compliance with approved environmental mitigation mea- sures. 4) Sidewalks adjacent to the south frontage of the site shall be provided in accordance with City Ordinance 1158. 5) The general site layout and architectural concept dipicted on Exhibits A and B are approved; however, a detailed site architectural elevation and landscape plan shall be submitted for Board of Architectural Review prior to issuance of Building Permits. The submittal to B.A.R. shall demonstrate compliance with the following guidelines: (1) Observance of all required setbacks (2) Elimination of all roadways within the 40' river use zone (3) Compliance with landscape direction given in Section V of the staff report for application 80 -9 -CUP. (4) Provision for future installation of a noise control barrier on the west boundary of the site, at such time as a sound - sensitve use such as office, residential, or electronic /instrument assembly /research or retail is approved for development on any property within 200' west of said west boundary. (S) curb cut Qta(twuv► - sibti /appliNt& ub.wks.Dc . 6) This ConditionaT Use Permit shall hbt become' effective until Environmental Impact Mitigation Agreement required under City File EPIC - 133 -80 is recorded. THOMAS M. WALSH ATTORNEY AT LAW 909 SEATTLE TOWER / THIRD AND UNIVERSITY SEATTLE, WASHINGTON 98101 (206) 682-1931 July 24, 1980 Commissioners, Tukwila Planning Commission 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Commissioners: Re: Best Way Motor Freight, Inc. Application for Conditional Use Permit I represent Best Way Motor Freight, Inc. who has applied for a conditional use permit to construct a new motor freight terminal. On May 19, 1980, the Tukwila City Council reviewed and approved Best Way's application for a waiver. On July 10, 1980, Best Way submitted an Expanded Environmental Checklist reviewing in detail all potential • environmental impacts and proposing certain mitigating actions. This week, the Planning Commission staff released its report recommending in favor of the conditional use permit with conditions. The purpose of this letter is to set forth pertinent information regarding Best Way's appli- cation and the reasons why you should approve the condi- tional use permit. BEST WAY MOTOR FREIGHT, INC. Best Way is an established motor freight company with terminals in Seattle, Spokane, Moses Lake and Grand Coulee. It also has an agent in the Tri Cities area. The company employs 35 people in Seattle, and is currently located at 1765 - 6th Avenue South. It transports goods primarily to Eastern Washington locations. It transports a wide variety of merchandise including groceries, paints, electrical products and paper products. The company has been in business for 44 years, and its General Manager, Bill Dahl, has been managing the business for 21 years. PROPOSAL Page 2 Best Way has applied for permits from the City of Tukwila to construct a new freight terminal on South 143rd Street just off Interurban Avenue. It is a four -acre site, surrounded by other industrial uses such as a metal fabrica- tion industry, a truck equipment manufacturing company, a truck - camper manufacturing company, and another truck terminal. The Green River runs along the northeast border of the property. As part of the proposal, Best Way intends to con- struct a two -story office building with 2,000 sq. ft. on each floor, a dock and warehouse of approximately 5,000 sq. ft., a shop of approximately 4,000 sq. ft., fuel tanks, and parking for cars and trucks. REASONS FOR APPROVAL OF APPLICATION 1. Best Way's Proposal Will Be Consistent with the Shoreline Master Program, the Comprehensive Plan, and the Existing and Proposed Zoning. In Appendix A to this letter, we have set forth the pertinent provisions of the Shoreline Master Program and the Comprehensive Plan, and indicated how Best Way's application fully satisfies these policies. The Comprehensive Land Use Plan Map, the existing zoning map, and the proposed new zoning map (dated May 17, 1979) designate the proposed site as "light industry," which is appropriate for a truck terminal. 2. Best Way's Proposal Will Satisfy the Criteria in the Tukwila Municipal Code Section on Truck Terminals. Section 18.40.010(41) of the Tukwila Municipal Code requires the Planning Commission to consider the • following items when deciding whether to grant a conditional use permit for a truck terminal: Traffic - -Best Way contracted with a transpor- tation engineer to conduct an analysis of existing traffic on Interurban Avenue and South 143rd, and the additional traffic to be generated by Best Way. The engineer concluded that Best Way's proposal should not cause traffic safety problems or capacity deficiencies. Interurban and South 143rd can assimilate the additional traffic. The complete text of the engineer's report is set forth in Appendix D to the Expanded Environ- mental Checklist. Maneuvering Space - -The proposal is designed with a sufficient number and size of entrances and exits, and with sufficient maneuvering space on the site, to allow all maneuvering and parking of vehicles on private property. Public right -of -way will not be used for maneuvering. Surrounding Community - -The adjoining neigh- bors are other industrial uses such as a metal fabrication industry, a truck equipment manufac- turing company, a truck - camper manufacturing company, and another truck terminal. This use is compatible with the present character and future development of the surrounding community. PROPOSED CONDITIONS ON THE PERMIT Page 3 1. Non - transferable permit. The staff report suggests that the permit should be issued only to Best Way and not be transferable. Presumably, the reason for this condition is to insure that Best Way does not sell the property to another motor freight company who has noisy or otherwise objectionable practices. However, this provision severely restricts Best Way's ability to market this property in the future. It would require that any future purchaser go through the same lengthy and expensive land use approval process as Best Way, with no reasonable assurance the property could continue to be used for a motor freight terminal. It would lower the property's value, and make it more difficult for Best Way to locate a purchaser. We believe a better approach would be to now identify any objectionable motor freight practices, to prohibit or restrict those practices by imposing conditions, and apply those conditions to the present and all future permit holders. This would protect the City from any objectionable practices, and maintain for Best Way the marketability of the property. Page 4 We propose that the following language be substi- tuted for the second sentence in condition #1 of the staff report: "All conditions imposed on the issuance of this Conditional Use Permit will apply to Best Way Motor Freight, Inc. and to all future purchasers and assigns from Best Way." 2. Restriction to Best Way. The staff report suggests that all activities ancillary to the processes of motor freight transportation be restricted to serve Best Way Motor Freight, Inc. only. The purpose of this sugges- tion is to prevent companies other than Best Way from bringing additional traffic into this area, which would cause traffic or noise problems. However, this provision will unduly restrict Best Way's operations. Trucks from other companies connect with Best Way's lines at Best Way's terminal three or four times a day. These connections are pursuant to inter -line agree- ments which are standard with the trucking business. Pro- hibiting these trucks from ancillary activities on Best Way's property would cause logistical problems. We believe a better approach would be to limit the amount of activity by companies other than Best Way, while allowing minimal use of Best Way's facilities by these other companies. Along this line, we propose that the following language be added to condition #2 of the staff report: ", except for minimal use of the site by trucks owned by other companies not to exceed 5 trucks per day." 3. Sidewalks and street frontage. The staff report and the proposed environmental impact mitigation agreement suggest that Best Way install sidewalks and improve the street in front of their property. Best Way is willing to participate in a Local Improvement District (LID) and we suggest that this might be the best way to proceed. 4. Curb cuts. As currently designed, the pro- posal has four curb cuts - -one for the visitor parking area, and three for the trucks. The staff report suggests that one of the curb cuts for the trucks (the center of the three cuts) presents a potential three -way conflict with Page 5 office /warehouse traffic, shop traffic, and motorists entering the site from South 143rd Street. We disagree, and ask that you approve all four cuts we have requested. The entrance /exit served by this curb cut is wide enough to allow two trucks to pass side by side. All trucks will be moving to or from the west, thereby avoiding any crossover traffic. Any corridor blockage on the property would be temporary, while trucks are moving between building. Finally, South 143rd is a dead - end street and there is virtually no vehicular traffic to block other than Best Way vehicles. 5. Sound wall. The staff report proposes an 8 -foot masonry wall along the west boundary to block noise to adjoining property. This is an expensive proposal. Our estimates indicate that this type of wall would cost approximately $30,000. Therefore, we want to insure that a sound wall will actually be needed. Best Way is purchasing the property 100 feet west of its proposed development, including the property now used by Alaskan Campers Northwest, Inc. It makes little sense to require Best Way to construct a wall through the middle of its property. The businesses adjoining the site on the west side are light industry - -light manufacturing and trucking. These businesses do not need to be sheltered from Best Way's sound, and support Best Way's application for a permit. Appendix B to this letter is a group of letters from Best Way's neighbors supporting. Best Way's application. The uses which would benefit from noise reductions are the residences located on the hill on the west side of Interurban Avenue. However, a sound wall will not dampen the sound to these residences. A sound wall is effective only for a short distance on the adjoining properties. We believe a better approach is to require that Best Way install a sound wall if and when property to the west is used for a sound - sensitive purpose, such as resi- dences. We propose the following language for the condi- tional use permit: "The City is concerned about the effect of noise from the Best Way truck terminal on uses which are sensitive to noise, such as residences. There- fore, if any of the property within 200 feet west of the site is converted to a sound - sensitive use, such as residences, Best Way will install a sound wall." CONCLUSION Page 6 We hope that our objection to the conditions listed above will not give you the impression that we are uncooperative. Many conditions have been imposed on the development of this property (as evidenced in the environ- mental impact mitigation agreement), and we have objected to only a few of these. Most of the proposed conditions have been incorporated in our design of the project, such as: -- temporary erosion control plan - -40' shoreline zone is untouched - -storm drainage plan, with filtering tanks -- extensive landscaping on the property boundaries - - limitations on construction noise -- agreement not to use "Jacob" brakes or refrigeration trucks We hope that our cooperation with these conditions evidences our desire to be a good citizen and a responsible neighbor in Tukwila. We hope that you will agree with the City Council and staff by approving our permit, and welcom- ing us into your city. TMW:smr cc: Mr. William J. Vice President Best Way Motor Thank you for your consideration. iLsta4j•. ruly yours, / L THOMAS M. WALSH Dahl and General Manager Freight, Inc. APPENDIX A SHORELINE MASTER PROGRAM AND COMPREHENSIVE PLAN Best Way's Proposal Will Be Consistent with the Shoreline Master Program The Shoreline Master Program divides the 200 feet of shorelines into three areas: river zone, low impact zone and high impact zone. The "river zone" area is the first 40 to 50 feet from the mean high water mark. The purpose of regulations in the river zone is to insure resource protec- tion, flood control maintenance, pollution control, and landscape enhancement in this area. Best Way has not included the river zone as part of its development, and will leave the area untouched. Best Way is committed to keeping the river zone as an impact buffer area and insure that the purposes of the Shoreline Master Program are fully met. The "low impact zone" is the second 50 to 60 feet from the mean high water mark. The purpose of regulation in this area is to minimize physical and visual impact on the river zone. To insure there is no impact, Best Way will fully screen its truck terminal along the border of the river zone. It is prepared to landscape its property in a manner that would prevent anyone in the river zone or on the water from seeing anything more than shrubbery or trees on Best Way's property. Best Way is also prepared to include all necessary water quality control mechanisms to insure that no harmful surface water runoff enters the Green River from its prop- erty. Best Way has prepared plans for temporary erosion control during construction and permanent storm water drainage to insure that no oil, soap or other harmful mater- ials flow into the river. Upon completion of Best Way's terminal, surface runoff from their property would be as clean or cleaner than current runoff. Best Way's Proposal Will Be Consistent • with the Comprehensive Plan As mentioned above, the Comprehensive Land Use Plan Map designates Best Way's property as light industrial, which is appropriate for a truck terminal. The Comprehensive Plan Circulation Map designates nearby Interurban Avenue South as a major arterial, and I -5 and I -405 as freeways. Truck travel is appropriate on major arterials and freeways. The Comprehensive Plan Historic Sites Map shows no historic sites on Best Way's property. Best Way's proposal is also consistent with the text and policies of the Comprehensive Plan. Objective 1 of the Commerce /Industry element states as follows: "Encourage a smooth, steady and planned growth of the business community." Best Way is an established and stable business enterprise which offers significant tax advantages to a municipality. In addition, it offers employment opportunities in a variety of skilled and unskilled job categories. These are job opportunities that may be available to Tukwila residents. The Best Way proposal is consistent with all of the pertinent policies of this Comprehensive Plan element, as follows: Policy 1. Encourage the grouping of uses which will mutually and economically benefit each other or provide necessary services. Many of the uses on South 143rd Street are related to the trucking industry. The addition of Best Way's trucking terminal in this area is precisely the type of situation which is encouraged by this policy. Policy 2. Allow for the location of new commercial and industrial areas and the expansion of existing ones when this expansion is compatible with surrounding land use and not detrimental to the public welfare. Best Way's proposal is compatible with the sur- rounding land use, which includes eight to ten industrial companies on South 143rd Street and other industrial uses in the nearby area. There are two single - family residences across the street, but these residences are in substantial disrepair and are considerably overshadowed by the industrial uses. This site is not appropriate for anything other than industrial use, and is most appropriate for an industrial use connected to the trucking industry. Policy 3. Encourage aesthetic building and site design in working and trading areas. Policy 4. Encourage the use of live landscaping in all developments. Best Way's proposal will satisfy both Policy 3 and 4 above. It will include substantial landscaping along the property lines. The new buildings will be aesthetically attractive and anything unattrac- tive will be completely screened from river view. Policy 5. Promote renovation of areas which are not aesthetically pleasing. Currently, the property which Best Way intends to develop is an unattractive vacant lot where passers- by have occasionally dumped their garbage. The development of a new office building, warehouse and shop will substantially improve the aesthetic quality of this property. Anything less attrac- tive will be screened from river view. Policy 7. Promote adequate provisions for parking for all land uses. Best Way's proposal includes sufficient parking spaces for all cars and trucks related to its business. There will be no need for street park- ing of any vehicles.. Under the Transportation element of the Comprehen- sive Plan, Best Way's proposal will be consistent with the Plan. Objective 1 states as follows: "Establish an effi- cient, safe, and well - designed circulation system which promotes desired development patterns." Best Way's property is located immediately adjacent to a major arterial, and approximately one -half mile from I -5 and I -405. It is an ideal location for a truck terminal. Best Way's proposal will satisfy all the pertinent policies of this element as follows: Policy 1. Minimize conflict between moving traffic and parked vehicles. South 143rd Street and Interurban Avenue are suf- ficiently wide to avoid any conflict between moving traffic and parked vehicles. Trucks al- ready use this, area without conflict. -3- Policy 2. Discourage the maneuvering of automobiles or trucks on public rights -of -way. Best Way's property is sufficiently large to allow all maneuvering of trucks on its property. No maneuvering is required on public rights -of -way. Policy 3. Encourage the designation of specific truck routes into commercial and industrial areas and mini- mize the conflict between truck and automobile traffic. Best Way's property is located in an industrial area and adjacent to a truck route. Its use of public rights -of -way is in off -peak hours, and not in conflict with automobile traffic. Most of its trucks depart or return either at night, or during off -peak hours of the day. South 143rd is a dead - end street, and Best Way's property is at the end of the street, thus minimizing conflict with auto - mobile traffic. Policy 4. Encourage effective construction techniques, quality materials, and timely maintenance on all roads and highways. Best Way's proposal will not add substantial new maintenance requirements. South 143rd Street already requires maintenance, for any new substan- tial use on Best Way's property. Whether the property is used for high density residential, office, or light industrial use, maintenance of the street is required. Trucks already use this street, so maintenance for trucks is already required. APPENDIX B LETTERS OF SUPPORT FROM NEIGHBORS • . - 6411 So. 143rd Tukwila, Washington 98188 • • • eat -Weil Custom Upholstery April 30,19$0 Mr. Mark Caughey Dear Mr. Caughey: ..:�.:: : :,_. Acting Director - .:.. -' Tukwila Planning Department 6200 Southcenter Boulevard. Tukwila, Washington 9$1$$ RE: Bestway'Motor Freight Truck Terminal Conditional Use Permit Application $0 -9 -CUP S. 143rd St., at its Terminus with the Green River With regard to your letter of April 28, and the above referenced matter. I feel that the property in question is an ideal site and location for this type of business. It will certainly • improve the tax revenue for the area. • We have been at this location for approximately fifteen years, and during this time the .property in reference has . been nothing better than a junk yard. I feel it would be a great improvement and credit to the community. .. Robert M. Sincerely;: LL INDUSTRIES, INC. g�a'aes , � tic. • Truck Cab & Van Specialists Phone (206) 246-0636 V. ..:, 4 n :': . CT( OF fi. ;:AL1 • Mr. Mark Caughey Acting Director Tukwila Planning Department 6200 Southcenter Boulevard Tukwila, Washington 98188 TELEPHONE 246 Oak Watect 7tei;4t ,&nea, arc. 6350 SOUTH 143RD STREET - SEATTLE, WASHINGTON 9B168 May 8, 1980 Re: Bestway Motor Freight truck terminal located on South 143rd Street Dear Sirs We wish to voice our approval of their application of them'wishing to become our neighbor. We ha ve known this Company and its owners for many years. They are a very fine and reputable firm, and would be an asset to Tukwila community., We, therefore, encourage the Planning Department to give them your whole- hearted support and permission to build at their site on South 143rd Street. Yours truly, OAK HARBOR FREIGHT LINES, INC. Henry Vander Pol President . AlarA Camphop &amp OLeedrA &Arida PIa ni • 6200 S.0 rtc.Rtea titulauni4 Tukwila, *Aiispk .• nom AR. Cavity: Yaw veay Re: &tray him faety4t Tana4 Tearwtnal Conditional Uoe ha at +plicatton 804 gip S. /43ad St,, at Lie tewobeci eke Ott ffi r *4 ae4ta ec. to run maize of +$141 44t, dl Ate p .p.4.d davolopment by ileeiray &ton fanigh4 we 442014 ,,, ve of Mite pla etd ue11 of its peopea4 la 4weiton• lie have boon at ab4,li location /ea i1enty y.aA4a mad, _ dad AM* me have been ployutd atit Nanda,ltoy paw6te &wig, l d *thee YAd Aabd! *.m&1 . �. PAZ eat the paopoeed ateaninal b41 • pact irp rvea.at /rA 0844 Q11111111IAl - ( Lz..11 TRANSEQUIP INC. 6406 S. 143RD STREET, SEATTLE, WASHINGTON 98168 206- 243 -7686 EML:ir BRUEGGEMANN & BRAND KG, WESTERN GERMANY Nay 16, 1980 Mr. Mark Cougey Acting Director Office of Community Development City of Tukwila 6200 South Center Blvd. Seattle, IAA 98188 Dear Mr. Cougey: It has been brought to my attention that there is an upcoming meeting regarding the down zoning of certain properties in Tukwila. I, along with three other partners, own the tndusiriat property at 6406 S. 143rd. This is the property that is located between Oak Harbor Freight Lines and Alaskan Campers. The current zoning and expansion of this area is for light industrial businesses. I believe that the zoning should be left as it Is and allow industrial expansion as it seems expedient to the people that own the pro- perty in that area. I would appreciate any correspon- dence on this matter to be sent to my attention as I strongly oppose any downgrading of the zoning. Thank you for your attention to this matter. Sincerely yours, Erling M. Larsen '22645 76th Ave. S. Kent, WA 98031 TRANSEQUIP LOS ANGELES, LONDON, NEW YORK AND SEATTLE AGENDA ITEM PLANNING COMMISSION STAFF REPORT CITY OF TUKWILA PLANNING DIVISION 80 -9 -CUP BESTWAY TRUCK TERMINAL WAIVER I) INTRODUCTION Bestway Motor Freight Inc. of Seattle has filed a Conditional Use Permit application to develop a truck terminal at the easterly terminus of South 143rd Street adjacent to the Green River. (This site is approximately 1 block east of the existing Oak Harbor Freight Lines terminal). A waiver from the provisions of Ordinance 1137, due to the environmentally sensitive nature of the project site's riverbank wetland frontage, was approved by the City Council on 19 May 1980, with the expressed under- standing that the Planning Commission will conduct an extensive, detailed analysis of the various implications of locating a freight terminal oper- ation in this area of the Tukwila community. To assist your efforts in this regard, an Expanded Environmental Checklist has been prepared in conjunction with the application, and discusses the potential impacts and mitigating solutions associated with this project in the areas of air and water quality, noise, transportation system and so forth. Following the statement of findings, staff has identified areas of apparent conflict between the proposed truck terminal and adopted policies of the Comprehensive Plan, the Shoreline Master Program, and the State Shbreline Management Act of 1971. Section IV will then identify generalized areas of impact on the community and discuss proposed off - setting measures. II) FINDINGS 1) The subject property is zoned "M -1" and designated "Industrial" on the Comprehensive Plan. 2) The subject property is adjacent to the Green River and is subject to constraints of the Shoreline Master Plan. 3) The applicants are requesting permission to develope a truck terminal with freight house, repair shop, tractor /trailer parking facilities and employee parking, as allowed by Con- ditional Use Permit in the Section 18.40.010 (41).of the TMC. 4) An application for preliminary waiver for this project was approved by City Council on 19 May 1980. 5) Site development statistics are as follows: - Property Size: 3.0 ± Acres - Proposed Parking: 72 Spaces (Employees and Equipment) Page 2 r -- Economic Development Element - Goal 3 - Paved area: 90% ± of Site - Building construction: Shop, Office /Warehouse (12,000 sq. ft.) - Landscaping: Public R/W only, Except 40' River Setback Zone III) POLICY CONFLICT ANALYSIS A) Shoreline Management Act of 1971 - - Commercial Development (WAC- 173 -16- 060(4)) (a) "Although many commercial developments benefit by a shoreline location, priority should be given to those commercial develop- ments which are particularly dependent on their location and /or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state." RESPONSE: The proposed development does not depend directly on a shoreline location to facilitate the conduct of business. No direct correlation between the shoreline environment and truck terminal operation is apparent. B) Tukwila Shoreline Master Plan -- Economic Development Element - Policy 2 "Locate commercial /industrial development in areas with low poten- tial for recreation or other public uses." RESPONSE: The subject property's river frontage acts as one of many linkages to the city's emerging trail system connecting Fort Dent Park, Foster Golf Course, and the Christensen Greenbelt system. Thus, it is fair to say that this site has more than "low potential" for recreation and public use, when viewed in its city -wide context. "Recognize the quality of the existing economic activities along the river and discourage any future economic activities that may be of lesser quality." RESPONSE: Most of the recent developments proposed or constructed on the river frontage of Tukwila favor less- intense uses such as hotel or office structures, and architectural concepts employing substantial exterior materials such as masonry or precast members with glass. The effect of these developments is to promote high quality appearance and a quiet harmony with the riverside setting. By contrast, the proposed truck terminal is utilitarian in visual form, emphasizes hard paved surfaces adjacent to the river, does not provide for on -site tree preservation or decora- tive landscaping. Thus, the proposed design appears to us to be inconsistent with the high level of quality which has characterized recent shoreline development in Tukwila. Page 3 -- Economic Development Element - Policy 3 "Preference should be given to commercial /industrial development that will provide an opportunity for a substantial number of people to enjoy the shoreline." RESPONSE: The proposed freight- handling facility, for obvious security reasons,will be fenced along the river frontage to avoid trespass. This physical barrier, and the psychological image of isolation it exudes, seems contradictory to the intent of opening the shorelines of state significance to maximum public access. Also, the truck terminal employes relatively few people compared to an office structure or residential project which could conceivably locate on this site. Thus, the current development scheme will not necessarily concentrate a significant day -time population on the site to enjoy the riverside environment. C) Comprehensive Plan Policy implications -- Design policies 3 and 4 of the Comprehensive Plan Commerce /Industry section provide as follows: - Policy 3. Encourage aesthetic building and site design in working and trading areas. Policy 4. Encourage the use of live landscaping in all developments. The proposed site expansion scheme includes no peripheral landscaping or other treatments which would tend to upgrade the relatively depressed visual character of this part of the Tukwila community. Further, the proposed site diagram indicates . few significant native trees on the site to be retained. D) Circulation Considerations -- Policy 5, Transportation /Utilities Element "Encourage effective construction techniques, quality materials and timely maintenance of all roads." RESPONSE: The Public Works Department has determined that the roadway serving the frontage of this site is inadequate in condition and width to the demands which a heavy- trucking operation will impose upon it. -- Policy 2, "Compatibility ", Commerce & Industry Element "Allow for the location of new commercial and industrial areas and the expansion of existing ones when this expansion is compatible with surrounding land use and not detrimental to the public welfare." Page 4 RESPONSE: While the subject proposal is constent with other uses in its immediate setting, inadequate public access corridors, proximity to the river, water quality degradation from run -off of the site's extensive pavement surface, and noise associated with truck maneuvering and freight - handling activity seem to override the potential public benefits of this development. -- Policy 1, "Compatibility " -- Commerce and Industry Element "Encourage the grouping of uses which will mutually and econo- mically benefit each other or provide necessary services." RESPONSE: The appliants indicate that nearly all of their service to Tukwila business concerns will derive from the area south of route 405. The grouping concept, therfore, would seem to indicate that the proposed truck terminal would be better located closer to its revenue base in the South - center area. -- Policy 3, "Design " -- Commerce and Industry Element "Promote an industrial park -like development in aZZ industrial and warehouse areas." RESPONSE: Due to the age, constrained potential for expansion, and general deterioration fo existing industrial uses on South 143rd Street, the subject proposal is not expected to have any effect on encouraging an industrial -park up- grading of area. IV) PROJECT IMPACT ANALYSIS The foregoing policy conflict was developed by staff to help identify specific areas of anticipated physical impact upon the Tukwila community from the proposed truck terminal. Using the attached "Expanded Environ- mental Checklist," this section of the staff report will attempt to demon- strate the extent to which anticipated environmental problems generated by the project can be resolved. A) Air Quality ANTICIPATED IMPACT AREAS: a) Quantification of stationary and mobile pollution products associ- ated with project. b) Assessment of truck terminal's incremental contribution to dimini- shing ambient air quality in the Interurban Avenue corridor area. IMPACT AREA RESPONSE: a) Estimates of pollution products which comprise the ambient air quality environment of the Interurban corridor are described on pages 6 and 7 of the Expanded Checklist document. Monitoring Page 5 sites used in this study, although not located directly in the corridor area, are sufficiently proximate thereto so that Interurban Avenue's air quality conditions are similar to those recorded. The table indicates the particulate levels are approaching but are still within the Washington State Ambient Air QualityStandards.X Carbon monoxide levels are within the standards. However, other auto- mobile related pollutants, particularly hydrocarbons, are in excess of the Washington State standards. b) It appears that the existing air quality environment is relatively poor; however, it also seems that the additional increments of pollutants caused by this development will be slight when compared to existing conditions. B) Water Quality ANTICIPATED IMPACT AREAS: a) Control of storm water run -off pollution products from the truck terminal operation. b) Possible disruption of ground water recharge processes due to extensive site paving. IMPACT AREA RESPONSE: a) By direction of the City Public Works Department, the project site will drain storm water run -off directly into the Green River by way of a closed storm water system. The system will include a Department of Ecology- approved oil separator tank, and grit settling tank to trap and remove such products from on -site storm waters before they enter the river. Potential adverse effects from silts and oils entering the river will be avoided by the use of these filtering mechanisms. b) The applicants Soils Engineer has determined that the ground water table beneath this site is relatively close to the surface. It is their opinion, however, that ground water levels are most nearly affected by seasonal fluctuation of the river, and minimally by surface rain waters. Paving of the site will limit much percolation. However, due to the proximity of the site to the river, changes in the level of ground waters after paving are expected to be slight. Percolation of pollutants into the ground water will be precluded due to imper- vious surfaces. C) Flora and Fauna ANTICIPATED IMPACT AREAS a) Diminished visual attractiveness of the site by removal of all existing specimen trees except those within the 40' wide river use zone. b) Potential deterioration of fish and wildlife habitats of the river as a consequence of channeling site run -off to the river. Page 6 D) Noise IMPACT AREA RESPONSE: a) In order to achieve proper maneuvering space on -site for large tractor/ trailer combinations, the current site configuration demands removal of all existing on site vegetation. A landscape proposal labeled "Figure 6" in the checklist depicts perimeter plantings on the 143rd Street frontage. However, these plantings are proposed to be within the public right -of -way. Staff believes that this approach comprises the City's future option to widen 143rd, and that the applicants should be obligated to mitigate this impact area by landscaping within their own property boundaries. b) The site is within the Pacific Migratory Waterfowl Flyway. However, migratory birds can be expected to roost in less developed areas. The Green River supports fish runs of Coho, Chum and Chinook salmon, steelhead, cutthroat, Dolly Varden trout, whitefish and stickback. Out migration occurs from March to June. Chinook begin returning to the river at the end of September. Pollution on the valley floor from industry, septic tanks and removal of riparian vegetation have contri- buted to degradation of water quality and overall environment for fish production in the Green - Duwamish River systems. Presently, there is no pollutant filtering of the water runoff which enters the river at this site. However, runoff from the site will now be filtered before entering the River. The plan shall . meet .Tukwila Public Works Department and Department of Ecology's standards for water quality control; there- fore, water quality and fish life should not be significantly affected. ANTICIPATED IMPACT AREAS: IMPACT AREA RESPONSE: a) Degradation of the existing ambient noise environment in the Interurban Avenue Corridor area, particularly as the project may affect residential properties. a) Estimates of the existing 24 -hour sound environment are presented in the "Expanded Checklist" document in terms of statistical devices which describe the "background ", "average ", and "peak" noise levels of the Interurban Avenue area. It appears that noise impacts from trucking activity will occur to a minor degree, but that the existing high level of traffic sound on Interurban Avenue "masks -out" much of the noise which is anticipated from Bestway's vehicle movements. Accordingly, the greatest potential for disturbance to residents on Interurban Avenue occurs during the early morning hours when traffic flows are at their lowest. Bestway intends to schedule truck movements to and from the site during the early morning hours. Mitigation is dependent on evolving engine sound control technology and avoidance of certain types of noisy equipment. Page 7 E) Traffic Noise impacts from the site itself will have less impact upon the residential areas of Interurban Avenue due to the site's distant location therefrom on South 143rd Street. However, site - generated noises will impact the developability of nearby non - residential properties if left uncontrolled. Staff suggests discussion of suggested mitigation measures such as installation of a sound wall along the west and south boundaries of the site, and orientation of walls without open- ings oriented toward those directions. Also worthy of discussion is the concept of restricting the business' hours to eliminate early- morning operations. ANTICIPATED IMPACT AREAS: a) Describe the probable impact of project - related traffic upon capacity, safety and intersection service levels of the Interurban Avenue Corridor and South 143rd Street. IMPACT AREA RESPONSE: a) A comprehensive transportation study for the proposed Bestway operation is appended to the "Expanded Checklist ". The engineer finds that adequate lane capacity exists on Interurban Avenue to serve both freight and employee travel. Even though Bestway will double the existing average daily traffic volume on South 143rd, no exceptional impacts are anticipated in the area. However, some short -term maintenance improve- ments may be needed on 143rd following completion of the truck facility. V) SITE PLAN ANALYSIS A) Setback: A front yard setback of 30' from street centerline is required in the M -1 Zone; the shop building as shown on Exhibit "A" encroaches within that setback and must be adjusted to conform. B) Circulation: The center curb -break shown on Exhibit "A" presents the poten- tial for three -way conflict with office /warehouse traffic, shop traffic, and motorists entering the site from S. 143rd St. It is staff's opinion that two curb breaks should be sufficient to serve this project, and suggests that the potentially- hazardous situation described on Exhibit "A" be elimi- nated. A second concern under''circulation" is the proposed encroachment of a roadway into the 40' river use zone. An easement agreement for public trail con- struction and access pruposes is anticipated to be received from the appli- cants should the project be granted use permit approval. The Tukwila Shore- line Master Program provides that no private or public roadways be permitted in the 40' river use zone; Exhibit "A" should be revised accordingly. C) Landscaping: As mentioned previously, the applicants intend to mitigate extensive on -site vegetation removal by installing limited perimeter land- scaping. The landscape proposals shown to staff thus far have been found Page 8 C r generally- inadequate; accordingly, a Comprehensive Landscape Plan incor- porating the following guidance should be reviewed by the B.A.R.: 1) Perimeter planting areas at least 5' wide to be included on the south, west and river frontage boundaries of the project. The planter strip on the river frontage shall be located at the landward edge of the 40' river use zone. 2) Perimeter planting areas shall be located within the property lines of the subject development. 3) Perimeter plantings adjacent to the river and on the south boundary of the site shall be of sufficient size to obscure public view into the site from the river trail or street respectively. The concept of a sound barrier wall on the west site boundary has been discussed above. Staff suggests that such a device be required as part of the west boundary landscape concept to protect adjoining property from excessive noise impacts from the driveway and warehouse nearby: 1) The sound wall should be constructed of masonary material to an effective top -of -wall heights of 8' above adjoining grade. 2) The sound wall should extend the entire length of the west boundary of the site. 3) Landscaping installed in conjunction with the sound wall should be placed on the outer edge; plannings on the project side of the wall may be installed at the applicant's descretion. VI) RECOMMENDATION Staff has identified a number of apparent discrepancies between established public land use policy and the proposed location of a truck terminal adjacent to our City's shoreline. Throughout the process of preparing this application, staff has retained its skepticism as to the wisdom of permitting the project to go forward in light of those policy objectives. It has become apparent to us though, that the purpose of those policy objectives has been served by facilitating identification of specific problem areas to be studied in the environmental review stage of the project. It is further apparent that the applicants have demonstrated adequate potential and willingness to resolve those environmental problems. Staff is still persuaded that a truck terminal is an inappropriate use next to our City's unique shoreline resource area. Reluctantly, however, we recom- mend that the Conditional Use Permit sought under application 80 -9 -CUP be approtied upon the finding that adequate compliance with existing city land use policy has been demonstrated. This recommendation is subject to the following conditions: Page 9 1) This Conditional Use Permit allows the operation of truck terminal as defined by the Tukwila Board of Adjustment on 4 October 1978. The Conditional Use Permit is issued only to Bestway Motor Freight Co. and is not transferable. In the event that Bestway Motor Freight Co. ceases to occupy the subject premises, or ceases to conduct truck ternitial operations on this site for more than 30 consecutive calendar day, the Conditional Use Permit is void. 2) Activities on site ancillary to the processes of Motor Freight Transportation such as vehicle storage, vehicle repair, admini- strative offices and warehousing shall be restricted to serve Bestway Motor Freight Co. only. 3) The Conditional Use Permit shall be subject to review at two -year intervals at the option of the Planning Commission. Such review shall be for the purpose of monitoring compliance with stipulations of this Conditional Use Permit, and compliance with approved environmental mitigation measures. 4) Sidewalks adjacent to the south frontage of this site shall be provided in accordance with City Ordinance 1158. 5) The general site layout and architectural concept depicted on Exhibits A and B are approved; however, a detailed site archi- tectural elevation and landscape plan shall be submitted for Board of Architectural Review prior to issuance of Building Permits. The submittal to B.A.R. shall demonstrate compliance with the fol- lowing guidelines: (1) Observance of all required setbacks (2) Elimination of all roadways within the 40' river use zone (3) Maximum of 2 curb cuts from S. 143rd Street (4) Compliance with landscape /sound wall direction given in Section V of this staff report. 6) This Conditional Use Permit shall not become effective until the Environmental Impact Mitigation Agreement required under City File EPIC•- 133.80 is recorded. STATE OF WASHINGTON COUNTY OF KING Affidavit of Publication ss. Theresa "kobin being first duly sworn on oath, deposes and says that s � ' i s the Chief Clerk of THE DAILY RECORD CHRONICLE, a newspaper published six (6) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Washington. That the annexed is a ...JT(?.te _Me 0.1;1,r.),�,. T.1 539 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 1 consecutive issues, commencing on the 2.8...dayof April ,1980 ,and ending the day of ,19 , both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $.8 b . , which has been paid in full at the rate of per folio of one hundred w6rds for the first insertion and per folio of one hundred words for each subsequent insertion. Subscribed and sworn to before me this V.P.C. Form No. 87 Rev. 7 -79 Chief Clerk 29 day of Notary Public in and for the State orWashington, residing at- ,iiwt, King County. — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. p1.4" ^j *ILA ,9 - ( ■ s y City of Tukwila 4. ;190$; 21 April 1980 Bestway Motor Freight Inc. 1765 6th Ave. South Seattle, WA. 98134 Re: Proposed Freight Terminal 80 -9 -CUP: Conditional Use Permit Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 • Office of Community Development This letter is intended to inform you of the status of your application for Preliminary Waiver (80- 11 -W), Conditional. Use Permit (80 -9 -CUP) Shoreline Management Permit (80- 12 -SMP) and Environmental Assessment (EPIC- 133 -80). 1) 80 -11 -W: Preliminary Waiver Application - 1st hearing before City Council set for 7:00 p.m., Monday 28 April. . This application is the first step of your approval process, and is necessary to obtain City Council permission to develop property in an environmentally - sensitive area.. Processing of the preliminary waiver must be completed in its entirety and a favorable decision granted before processing of the conditional use permit or shoreline management permit can go forward. The application has been found incomplete; further processing of the application is discontinued until the following items are received: A) Preliminary title report verifying ownership of the pro- perty. B) Corrected site diagram to include all content described in the master land development application form. (See Attachment "A" in this letter - underlined phrases pertain to missing content.) Resubmit 20 copies of revised dia- gram at 81/2" x 11" format. As a courtesy, we have advertised a public hearing on the proposed conditional use permit for the Planning Commission Bestway Motor Freight Inc. Page 2 Proposed Freight( ^urinal 21 April 1980 MC /mkb meeting of 29 May 1980; however, this hearing cannot take place, and will be postponed if a) the incomplete application materials just described are not received by this office in satisfactory form before 9.May 1980, and b) the City Council has not granted a favorable decision on waiver application 80 -11 -W by 20 May 1980. 3) 80- 12 -SMP (Shoreline Management Permit) -. This application is also incomplete as follows: A) Revision of the shoreline permit diagram to include indication of mean high water level; measurement of pro- posed 50' river zone landward from mean high water elevation; location of all trees on site and indication of removal if proposed; dimensions of all property lines. Processing of the SMP application will begin upon receipt of the missing items just noted. - Issuance of the shoreline management permit cannot proceed without first receiving favorable approval of the conditional use permit, preliminary waiver and final environmental clearance. Environmental Assessment EPIC- 133 -8o The environmental checklist has been referred to other agencies within and outside of City government; a decision on the need or not for an environmental impact statement on this project will be made by June 1. Please contact me if you need further assistance on this matter. TUKWILA NING DEPT. Mark Caughey Acting Director WEST ELMVATtl ELEVAT . an aim INIII 1=1 SIMI MINI N•11 0111•MwuIMrrM 2 YO•rili ass orri6e / wrA\mHOUS� _kf1 -UneS :ra -• EAST EL _ .f(ti ELE\ ATlo -,, . LE6EL o(SC , r 7NE L +Sr zo,r. OF Lor,s a +LL uF La75 K,7 /t, 9. za,E2 /, £Lott 4, N/LLMRN S SEST7Lt 61E0LN TLS. 45 fret #U7 RECOROEO GWOER rot. // OF PUTS, Pt6t 24, RECORDS OF LINO COUNTY, NRSR /N670N SENCNM[Rt GO /065 e - CN SOVLN ON N. COLNEL OF N. 5/05 +r LNO of Covranfra SoOlitaLl 0.' twos." EN05 5.401,30 OF GO /0/S e‘se 20.20 FT. 1 i SEE LEb07o.0.0 0/Lt Poi#7 Pat . _.' NAME SN(FFCL .SO477ONt sw 6REEN Live* Re M /0.15 EST+IL/SNLP q COOPS U EN6t. /4 5.E. '4 OF SEC. /4 , T. Z3N. R. 4 E. , 14.4f. (G R E E N ) \ \:\ ; NNY /%/ t \ \�. \, �-- `;,r 5 143r1 SWEET sitY 119 \ . .5f[E. MAI° • N l 1 '.'. 4 M. ILM.s $ t . g +ki t :: S+or i a.R.w 1 � ,t� ` • c $ 1 I , n rii SITE LcAATk)N PlAr 0 re 2v/ex raa 1.11401 CAW Unr- 'rite. 4. NLe M if KIM nre -11.., tiNe - -- Ser a.cG urge une . p L1=i PNi2 6I] r PI r N'•o' i 1 3 MUT M. PIONEER NATIONAL TITLE INSURANCE ATICOR COMPANY PIONEER NATIONAL TITLE INSURANCE COMPANY, (a stock company), a California corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provi- sions of Schedules A and B and to the Conditions and Stipulations hereof. • This Commitment shall he effective only when the identity (II the drill,(&. ;erl Instiu'l and the amount of the policy or polir,les committed have.been inserted in Schedule A hereof by the Company, &lithe' at the time of the issuance of this Commit- ment or by subseauent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obliga- tions hereunder shall cease and tenninate one hundred eighty (180) days after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countnrsi(tned below by a validating officer of the Company. Countersigned; 'Validating Signatory Cnr'YFIIGFIT, 10G6 - AMERICAN LA NO TITLE ASSOCIATION b Commitment for Title Insurance • 10 1423 PNTI W,,K (4-79) Amttrlt:un Land 1111x. Ahstit:urtiun f:uuuniUnunt • 10f■ Pioneer National Title Insurance Company h PRESIDENT SECRETARY COMMITMENT NO. A- 258641 U -10 PREPARED FOR: 1.. POLICY OR POLICIES TO BE ISSUED: AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY - FORM B - 1970 COVERAGE: AMOUNT : $450,000.00 PREMIUM : $1,253.00 TAX $66.41 PROPOSED INSURED: SID W. ELAND FEE SIMPLE ESTATE A 258641 PAGE SCHEDULE A EFFECTIVE DATE OF COMMITMENT: APRIL 8, 1980 AT 8:00 A.M. PIONEER. NATIONAL TITLE INSURANCE COMPANY ESCROW DEPARTMENT ATTN: TOM KLOCK DIRECT DIALING (206) 223 -7816 INQUIRIES BE DIRECTED TO: PIONEER NATIONAL TITLE INSURANCE COMPANY 719 SECOND AVENUE SEATTLE,. WASHINGTON 98104. YOUR NO.: ALASKAN CAMPERS NORTHWEST, INC. 2. THE ESTATE OR INTEREST IN:THE LAND DESCRIBED OR :REFERRED TO IN THIS .COMMITMENT AND COVERED HEREIN IS:. 3. TITLE TO SAID *ESTATE OR INTEREST IN SAID LAND IS THE EFFECTIVE DATE HEREOF VESTED IN: ALASKAN CAMPERS NORTHWEST, INC., A WASHINGTON CORPORATION AS TO 'LOTS 14 AND 15. AND IN A. R. SANDER AND SVEA SANDER, HIS WIFE AS TO LOT 16 4. THE LAND• REFERRED TO IN THIS COMMITMENT 1 S LOCATED IN THE COUNTY OF KING, ESTATE OF. WASHINGTON, AND DESCRIBED AS FOLLOWS: LOTS 1.4,' 15= AND 16, ,BLOCK 18,.. HILLMAN'S SEATTLE GARDEN TRACTS, ACCORDING .TO THE PLAT RECORDED IN VOLUME 1I OF PLATS, PAGE 24,.IN KING COUNTY, WASHINGTON. L :.r SCHEDULE B 1. 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. THE PROPOSED SALE. OR CONVEYANCE BY ALASKAN CAMPERS NORTHWEST, INC., A WASHINGTON CORPORATION MUST BE AUTHORIZED BY A RESOLUTION OF THE DIRECTORS OF SAID CORPORATION AND A CERTIFIED COPY SUBMITTED TOGETHER WITH A SHOWING OF THE AUTHORITY OF THE OFFICERS OF SAID CORPORATION WHO ARE AUTHORIZED TO EXECUTE THE FORTHCOMING INSTRUMENT. C. A SHOWING OF THE MARITAL STATUS OF THE PROPOSED INSURED SHOULD BE MADE PRIOR., TO CLOSING. IF SAID PROPOSED INSURED IS A MARRIED INDIVIDUAL, THE INTEREST TO BE' ACQUIRED WILL BE PRESUMPTIVE COMMUNITY PROPERTY, UNLESS DISPOSITON OF SUCH PRESUMPTIVE INTEREST IS MADE ON THE RECORD. 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 SATISFACTION OF THE COMPANY: SPECIAL EXCEPTIONS: 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. 3. GENERAL TAXES, AS FOLLOWS, PLUS INTEREST AFTER DELINQUENCY: FOR YEAR AMOUNT BILLED AMOUNT PAID 1980 $1801.51 $.00, BEING COUNTY TREASURER'S PARCEL NO. 336590- 1945 -00 SAID TAXES AFFECT: LOTS 14 AND 15 GENERAL TAXES, AS FOLLOWS, PLUS INTEREST AFTER DELINQUENCY: FOR YEAR AMOUNT BILLED AMOUNT PAID 1980 $298.68• $.00 BEING COUNTY TREASURER'S PARCEL NO. 336590- 1955 -07 SAID TAXES AFFECT: LOT 16 4. MORTGAGE TO SECURE THE INDEBTEDNESS OF THE AMOUNT HEREIN A- 258641 PAGE 3 STATED AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED IN TOE DEPARTMENT OF RECORDS AND ELECTIONS OF KING COUNTY,:$ASHINGTON. AMOUNT 4 $171.426.00 DATED i JANUARY 8, 1968 RECORDED . I DECEMBER 12, 1969 RECEIVING NO.4• 6598264 MORTGAGOR : ALASKAN.CAMPERS NORTHWEST, INC. MORTGAGEE. :..RAYMOND C. WOOD AND EILERT HOLBECK AFFECTS LOTS 14 AND 15 SAID MORTGAGE WAS ASSIGNED BY INSTRUMENT DATED : APRIL 2. 1971 RECORDED : 6, 1971 RECEIVING NO.: 7104060345 ASSIGNED TO THE NATIONAL BANK OF COMMERCE OF SEATTLE 5. CONTRACT OF' SALE VENDOR : A. R. SANDER AND SVEA SANDER, HIS WIFE VENDEE :ANDREW L. ROGERS AND GERTRUDE J. ROGERS, HIS WIFE GATED : APRIL 14, 1965 RECORDED : APRIL 27, 1965 AUDITOR'S NO.: 5871525 . RECEIPT NO. : E- 590616 AFFECTS LOT 16 ! 6. ANY QUESTION THAT MAY ARISE DUE TO SHFTING OR CHANGE IN THE COURSE OF THE RIVER OR CREEK HEREIN NAMED, OR DUE TO SAID RIVER OR CREEK HAVING CHANGED ITS COURSE. NAME OF RIVER /CREEK: DUWAMISH RIVER 7. MATTERS DISCLOSED BY A SEARCH OF THE.RECOROS AGAINST THE NAME OF THE SPOUSE OR SPOUSES OF THE PARTY OR PARTIES NAMED HEREIN. PARTY OR PARTIES: SID W. ELAND 8. IN ADDITION TO THE SPECIAL EXCEPTIONS'SHOWN ABOVE, THE OWNER'S POLICY APPLIED FOR WILL CONTAIN AS EXCEPTIONS IN SCHEDULE B THEREOF, THOSE PARTICULAR STANDARD EXCEPTIONS WHICH ARE PRINTED ON'THE INSIDE BACK COVER HEREOF AND DESIGNATED PARAGRAPH(SI: A THRU J LIABILITY UNDER THE POLICY TO ISSUE WILL BE APPORTIONED NOT TO EXCEED $85,000.00 WITH RESPECT TO LOT 16 AND NOT TO EXCEED $365,000.00 WITH RESPECT TO LOTS 14 AND.15. NOTE: ANY CONTRACT AND /OR OTHER AGREEMENT FOR THE PURCHASE OF COMMUNITY REAL PROPERTY SHOULD BE EXECUTED BY BOTH SPOUSES PURSUANT TO R.G.W. 26.16.030. . NOTE: THE OWNERS POLICY TO BE ISSUED WILL CONTAIN ENDORSEMENT'S): WA: 10 A- 258641 PAGE 4 NOTE: INVESTIGATION SHOULD BE MADE TO DETERMINE IF THERE' ARE ANY SERVICE ,.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 WILL BE CHARGED TO COMPLY WITH THE'STATE ' INSURANCE CODEAND THE FILED SCHEDULE OF THIS COMPANY. '' The Company has not surveyed the premises described in A 25 a 1 - Th6 sketch below`is furnished without charge solely for the purpose of assisting in locating said premises and the Company assumes no liability for, inaccuracies therein. It does not purport to show ALL highways, roads and ease - ments adjoining or affecting said premises. Map Dept. Reference; . , Q .............• Harry Kinnee Vice President and King County Manager Best Way Motor Freight, Inc. 1212 Sixth Avenue South Seattle, Washington 98134 With regard to the recent closing of the above captioned escrow transaction, please find enclosed the following: ( x) Thank you for this opportunity to can be of any further assistance, hesitate to contact this office. Very Truly Yours, (Mrs.) Cheryl "Dee" Foister Escrow Officer, Senior CAF :gm Enc: ES 18 WA 3/76 PIONEER NATIONAL' TITLE INSURANCE January 5, 1977 Escrow No. 171032 DF Re: Agostino /Eland Pioneer National Title Insurance Company's Pplicy o Title Insurance No. 171032 insuring you as (x) contract purchaser ( )mortgagee ( ) vested owner of subject property in the amount of $130.000.00 Real Estate Contract between,Joe Agostino and.Martha Agostino,, his wife, and ' yourself. and recorded under Auditor's File'No. 7612200315. Pioneer National Title Insurance Company 719 Second Avnnun Seattle, Washington 98104 206 662 6600 ATICOR COMPANY be of service to you and in the future, please do not if we DEFECTS, LIENS, ENCUMBRANCES AND OTHER MATTERS AGAINST WHICH THE COMPANY GOES NOT INSURE: GENERAL EXCEPTIONS ALL MATTERS SET FORTH IN PARAGRAP!iS NUMBERED 1 TO 4 INCLUSIVE ON THE COVER SHEET OF THIS POLICY UNDER THE HEADING SCHEDULE 8 GENERAL EXCEPTIONS 1.. ANY QLJESTION THAT MAY ARISE DUE TO SHIFTING OR CHANGE IN THE COURSE OF THE RIVER OR CREEK HEREIN NAMED, OR DUE TO SAID RIVER OR CREEK HAVING CHANGED ITS COURSE. NAME OF RIVER /CREEK: DUWAMISH RIVER 2. ANY OUTSTANDING UNRECORDED LEASES 3. CONTRACT OF SALE VENDOR . : JOE AGOSTINO AND MARTHA AGOSTINO, HIS WIFE VENDEE BEST WAY MOTOR FREIGHT, INC., A WASHINGTON CORPORATION DATED DECEMBER 9, 1976 RECORDED .: DECEMBER 20, 1976 AUDITOR'S No.: .7612200315 RECEIPT NO. E- 384561 .. OF SCHEDULE 8... THE TERMS OF THIS POLICY ARE MODIFIED BY THE ATTACHED INDORSEMENT. WA: 10 • yl A- 171032 PAGE SCHEDULE. 8 SPECIAL EXCEPTIONS TO 1810. t PN TI WA (5 -75) ENDORSEMENT FARM WA IO -REV OWNER'S INFLATION PROTECTION ENDORSEMENT ATTACHED TO POLICY NO. ' r} ' ^r r• I ISSUED BY Pioneer National Title Insurance Company Pioneer National Title Insurance Company i3y CS` g . 24WrI Arrest: � The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in thc manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for thc purpose of this Endorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Endorsement is attached, and on each succeeding January 1. 3. An upward adju ;tment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding exceeds the highest Index number for the month of September in any previous year which is subsequent to Date of Policy; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, Tess the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This Endorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. President Srcreuir y NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges (if applicable at all) will be allowed only upon the original face amount of insurance as stated in Schedule A of said Policy: PIONEER NATIONAL TITLE INSURANCE ATICOR COMPANY PIONEER NATIONAL TITLE INSURANCE COMPANY, a California corporation, herein called the Company, for a valuable consideration, and subject to the conditions and stipulations of this policy, does hereby insure the person or persons named in item 1 of Schedule A, together with the persons and corporations included in the definition of "the insured" as set forth in the conditions and stipulations, against Toss or damage sustained by reason of Policy of Tit le Insurance 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof, otherwise than as stated in item 2 of Schedule A; or 2. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown in Schedule B; or 3. Any defect in the execution of any instrument shown in item 3 of Schedule A, or priority, at the date hereof, over any such instrument, of any lien or encumbrance not shown in Schedule B; provided, however, the Company shall not be liable for any Toss, damage or expense resulting from the refusal of any person to enter into, or perform, any contract respecting the estate, lien or interest insured. The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder. This policy shall not be valid or binding until countersigned below by a validating officer of the Company. Countersigned: 1483 PNTI WA (7 -74) Washington Land Title Association Standard Form Policy Validating Signatory Pioneer National Title Insurance Company NUMBER : A- 171032 DATE : DECEMBER 20, 1976 AT 8:30 AM AMOUNT : $ 130,000.00 PREMIUM: $444.00 SCHEDULE A 1. INSURED BEST WAY MOTOR FREIGHT, INC., A WASHINGTON CORPORATION 2. TITLE TO THE ESTATE, VESTED IN 4 177032': PAGE LIEN OR INTEREST INSURED BY THIS POLICY IS WLTA JOE AGOSTINO AND MARTHA AGOSTINO, HIS WIFE 3. ESTATE, LIEN OR INTEREST INSURED FEE SIMPLE ESTATE 4. DESCRIPTION:OF THE REAL ESTATE WITH RESPECT TO WHICH THIS POLICY IS ISSUED • LOTS 17. AND 18, BLOCK 18, HILLMAN'S SEATTLE GARDEN TRACTS, ACCORDING TO THE, PLAT RECORDED I N VOLUME 11 OF PLATS, .PAGE 24,' IN KING COUNTY, WASHINGTON. between 7612200315 THIS CONTRACT, made and entered into this 9th REAL ESTATE CONTRACT JOE AGOSTINO and MARTHA AGOSTINO, his wife described real estate, with the appurtenances, in KING day of December, 1976 hereinafter called the "seller," and 1313ST WAY MOTOR FREI(ll1'I', TNC., a Washington Corporation hereinafter called the "purchaser," . WITNESSETIT: That the seller agrees to sell to the purchaser and the purchaser agrees to purchase from the seller the following As referred to in this contract, "date of closing" shall be De c ember 17 , J.976 County, State of Washington: Lots 17 and 18, Block 18, HILLMAN'S SEATTLE GARDEN TRACTS, according to the plat recorded in Volume 11 of Plats, page 24, in King County, Washington. , Y The terms and conditions of this contract are as follows: The purchase price is ONE HUNDRED THIRTY THOUSAND AND N0 /100 - -•• • -($ 130,000.00 ) Dollars, of which THIRTY FIVE THOUSAND AND N0 /100 ($35,000.00 ) Dollars have been paid, the receipt whereof is hereby acknowledged, and the balance of said purchase price shall be paid as follows: ONE THOUSAND THREE HUNDRED FORTY TWO AND 99/100 ($ 1,342.99 ) Dollars, or more at purchaser's option, on or before the 5th day of January , 1 9 77 , and ONE . THOUSAND THREE HUNDRED FORTY TWO AND 99/100 -($ 1, 342.99 ) Dollars, or more at purchaser's option, on or before the 5th day of each succeeding calendar month until the balance of said purchase price shall have been fully paid. The purchaser further agrees to pay interest on the diminishing balance of said purchase price at the rate of 8 per cent per annum from the 17th day of December , 19 7 6 , which interest shall be deducted from each installment payment and the balance. of each payment .applied in r,edttcti,on of principal. All payments to be made hereunder shall be made at 9 5 9 108th N . L':. , Bellevue, WA 9 i 0 µ or at such other place as the seller may direct in writing. f acs- ..A)1,6 \ AFF. NO. E3.. E3.8 I. . r .t ' 1976 ...i..�... \By . \ KiNG ! :!'ii'Ty COMPTi (1) The purchaser assumes and agrees to pay before delinquency all taxes and assessments that may as between grantor and grantee hereafter become a lien on said real estate; and if by the terrns of this contract the purchaser has assumed payment of any mortgage, contract or other encumbrance, or has assumed payment of or agreed to purchase subject to, any taxes or assessments now a lien on said real estate, the purchaser agrees to pay the same before delinquency. (2) The purchaser agrees, until the purchase price is fully paid, to keep the buildings now and hereafter placed on said real estate insured to the actual cash .value thereof against loss or damage by both fire and windstorm in a.cornpany acceptable to the seller and for the seller's benefit, as his interest may appear, and to pay all 'premiums therefor and to deliver all policies and renewals thereof to the seller, (3) The purchaser agrees that full inspection of said real estate has been made and that neither the seller nor his assigns shall be held to any covenant respecting the condition of any improvements thereon nor shall the purchaser or seller or the assigns of either be held to any covenant or agreement for alterations, improvements or repairs unless the covenant or agreement relied on is contained herein or is in writing and attached to and made a part of this contract. ' (4) The purchaser assumes all hazards of damage to or destruction of any improvements now on said real estate or hereafter placed thereon, and of the taking of said real estate or any part thereof for public use; and agrees that no such damage, destruction or taking shall constitute a failure of consideration. In case any part of said real estate is tal.en for public use, the portion of the condemnation award remaining after (e.a of tea= enable espen':' of itloturfol: Ihr same shill he odd to the oilier alai applied as tatymm�l un 1he purrh:lse 11111' Ilell'tu tll lh•ct th s rU et ett'rts lit tallow the t'tt1Ylta'te`t' to Itltttll' till tit' 11 ttt'11i�n1 nl hlll'lt e'nlld, n ii;iI roll award to 1111' relnlit or rt ..,tura. litltl or oily l anitlnvnnn ' n l' t (l'U,,iIiil ht' '1n111 hilt li, In rtes' 111 iht or drr,lloalion front a peril loomed ugalnt ;t, the proeeetf• of sinh (uasUtetitse +v1114lnlull allei ltt•Uli'nt ul the mtaultnld'' elpentl! nl lino Inblg thy kat is shrill hl' devilled to 1)14' 5.;tul,ttluu ur rebuilding "I r,uch lInplot'enlehis wlllhin R reasonable lime, tmlisa pttriliaser elects that said piureeds shall he phial to the seller for application on the purchase price herein. (5) The seller has delivered, or agrees to deliver with,n 15 days of the date of closing, a purchaser'» i f Iicy of title irrurtor : in standard form, or a COlttlnitmellt therefor, issued by l't.,ni Nnut,r,,I lint l S; ,,N,1 1ti,est., , insuring; the purchaser to the full amount of said purchase price against loss or damage by reason of defect in seller's title to said real estate as of the date of closing and containing no exceptions other than the following: •-• - a. Printed general exceptions appearing in slid policy form; b. Liens or encumbrances which by the terms of this contract the purchaser is to amttine, or as to which the conveyance hereunder is to be made subject; and c. Any existing contract or contraetk under which 'cite, is purchasing said red estal':, and any mortgage or other obligation, which better by this contract agrees to tray, none of whit for the Ito pose of thi parattl,►ph (r) shall be deemed defects in teller's title • By (6) If sellers title to said real estate is subject to an existing contract or contracts under which seller is purchasing said real estate, or any mortgage or other obligation, which seller is to pay, seller agrees to make such payments in accordance with the terms thereof, and upon default, the purchaser shall have the right to make any payments necessary to remove the default, and any payments so made shall be applied to the payments next falling due the seller under this contract. (7) The seller agrees, upon receiving full payment of the purchase price and interest in the manner above specified, to execute and deliver to purchaser a statutorywarmer) fulfillment decd to said real estate, excepting any part thereof hereafter taken for public use, free of encumbrances except any that may attach after date of closing through any person other than the seller, and subject to the following: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course; Any outstanding unrecorded leases. (8) Unless a different date Is provided for herein, the Purchaser shall be entitled to possession of said real estate on date of closing and to retain possession so long as purchaser is not in default. hereunder, The purchaser covenants to keep the buildings and other improve- ments on said real estate in good repair and not to permit waste and not to use, or permit the use of, the real estate for any illegal purpose. The purchaser covenants to fay all service, installation or construction charges for water, sewer, electricity, garbage or other utility services furnished to said real estate after the date purchaser is entitled to poi,' ession. (o) In case the purchaser fails to make any payment herein pinvldrd or to maintain insurance, as herein required, the seller may make such payment or effect such insurance, and any amounts so paid by the seller, together with interest at the rate of 10% per annum thereon 1.0 • from date of payment until repaid, shall be repayable by purchaser on seller', demand, all without prejudice to any other right the seller might have by reason of such default. (�) (10) Time is of the essence of this contract, and it is agreed that in case the purchaser shall fail to comply with 1,r perform any condition or agreement hereof or to make any payment required hereunder promptly at the time and in the manner herein required, the Q seller may elect to declare all the purchaser's rights hereunder terminated, and upon his doing so, all payments made by the purchaser CV hereunder and all improvements placed upon the real estate shall be forfeited to the seller as liquidated damages, and the seller shall N have right to re -enter and take possession of the real estate; and no waiver by the seller of any default on the part of the purchaser shall be construed as a waiver of any subsequent default. Service upon purchaser of all demands, notices or other papers with respect to forfeiture and termination of purchaser's rights may be made by United States Mail, postage pre -paid, return receipt requested, directed to the purchaser at his address last known to the seller. (11) Upon seller's election to bring suit to enforre any covenant of this contract, including suit to collect any payment required hereunder, the purchaser agrees to pay a reasonable sum as attorney's fees and all costs and expenses in connection with such suit, which sums shall be included in any judgment or decree entered in such suit. If the seller shall bring suit to procure an adjudication of the termination of the_purchascr's rights hereunder, and judgment is so entered, the purchaser agrees to pay a reasonable sum as attorney's fees and all costs-tad expenses in connection with such suit, and also the reasonable cost of searching records to determine the condition of title aYthe,date such suit is commenced, which .sums • sh &late included in any judgment or decree entered In such suit. IN WITNESS WHEREOF, the parties hereto have executed thistrument,os.of the tp first above. BEST WAY MO IR FREIGHT, INC. STATE OF WASHINGTON, County of King On this day personally appeared before me JOE AGOSTINO & MARTHA AGOSTINO.. to me knoivn to'be the individuali3 described In and who executed the within and. foregoing instrument, and acknowledged that they . • . signed the same as their therein mentioned: • • GIVEN tttl *et- my iafad and official seal this 17 t h PNTI Escrow 171032..DF tt • • THIS SPACE RESERVED FOR RECORDIR•S USE. 1976 DPI.; 20 AM 1") EC1O) RECORDS & ELIE KING CCUN Y. PIONEER NATIONAL TITLE INSURAWCE ATICOR COMPANY Filod for Record at Request of AFTER RECORDING MAIL, TOs PIONEER NATIONAL TITLE INSURANCE CO. 719 Second Ave. Seattle, WA 98104 } Pit )P41VI; Vii,: , :,.. !it' !Hi NC; 4. :11OJ ,t).. .:...... VI /t - 1 7 1-01 DD if day of residing at OE AGC� - - ff HA AGOS free and voluntary .act and deed, for the use and purposes December, 1976 1 ^. Q \ Notary lic in and for the State of Washington, Bellevue 30 ,TIOt:S ASH. • • . The Company has not surveyed the premises described in /\ 1 ' ?I' The' sketch below is. furnished without charge solely for the purpose of assisting in locatin‘ said emises and the Company assumes no liability for inaccuracies therein. It does not purport to show ALL highways. roads and ease - ments adjoining or affecting said premises. By PIONEER NATIONAL TITLE INSURANCE ATICOR COMPANY Countersigned: ,Validating Signatory TO 1483 PNTI WA (7 -74) Washington Land Title Association Standard Form Policy Policy of Title Insurance PIONEER NATIONAL TITLE INSURANCE COMPANY, a California corporation, herein called the Company, for a valuable consideration, and subject to the conditions and of this policy, does hereby insure the person or persons named in item 1 of Schedule A, together with the persons and corporations included in the definition of "the insured" as set forth in the conditions and stipulations, against Toss or damage sustained by reason of: 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof, otherwise than as stated in item 2 of Schedule A; or 2. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown in Schedule B; or 3. Any defect in the execution of any instrument'shown in item 3 of Schedule A, or priority, at the date hereof, over any such instrument, of any lien or encumbrance not shown in Schedule B; provided, however, the Company shall not be liable for any Toss, damage or expense resulting from the refusal of any person to enter into, or perform, any contract respecting the estate, lien or interest insured. The total liability . is limited to the amount shown in Schedule A, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder. This policy shall not be valid or binding until countersigned below by a validating officer of the Company. Pioneer National Title Insurance Company NUMBER : A- 171031 DATE : DECEMBER 17. 1976 AT 8:30 AM AMOUNT : $92,000.00 PREMIUM: $360.00 1. INSURED BEST WAY MOTOR FREIGHT, INC., A WASHINGTON CORPORATION 2. TITLE TO THE ESTATE, LIEN OR INTEREST INSURED BY THIS POLICY IS VESTED IN BURNARD SANFT AND ADOLPH SANFT, PRESUMPTIVELY SUBJECT TO THE COMMUNITY INTEREST OF THEIR RESPECTIVE WIVES, FANNY SANFT AND RUTH M. SANFT, AS TO SAID LOT 19; AND UNION FEDERAL AND LOAN ASSOCIATION AS TO SAID LOTS 20 AND 21 3. ESTATE, LIEN OR INTEREST INSURED FEE SIMPLE 'ESTATE 4.'DESCRIPTION OF THE REAL ESTATE WITH RESPECT TO WHICH THIS POLICY IS ISSUED LOTS 19, 20 AND 21, BLOCK 18, HILLMAN'S SEATTLE GARDEN TRACTS, ACCORDING TO THE PLAT RECORDED ,IN VOLUME 11 OF PLATS, PAGE 24, IN KING COUNTY, WASHINGTON. A- 171031 PAGE SCHEDULE A WLTA SCHEDULE B DEFECTS, LIENS, ENCUMBRANCES AND OTHER MATTERS AGAINST WHICH THE COMPANY DOES NOT INSURE: GENERAL EXCEPTIONS ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 TO 4 INCLUSIVE ON THE COVER SHEET OF THIS POLICY UNDER THE HEADING SCHEDULE B GENERAL EXCEPTIONS 1. ASSESSMENT OF $2,181.97 FOR SANITARY SEWERS UNDER ORDINANCE 892, DISTRICT 20, ASSESSMENT NO. 12, PAYABLE IN 10 ANNUAL INSTALMENTS PLUS INTEREST. AT R PER CENT PER ANNUM FROM NOVEMBER 23, 1974. THE FIRST INSTALMENT IS PAID. THE SECOND INSTALMENT IS DELINQUENT. THE NEXT INSTALMENT WILL BE DELINQUENT NOVEMBER 23, 1977, IF UNPAID. COVERS LOT 19 2. ASSESSMENT OF $6,542.31 FOR SANITARY SEWERS UNDER ORDINANCE 392, DISTRICT 20, ASSESSMENT NO. 12, PAYABLE IN 10 ANNUAL INSTALMENTS PLUS INTEREST AT 8 PER CENT PER ANNUM FROM NOVEMBER 23, 1974. THE FIRST INSTALMENT IS PAID. THE SECOND INSTALMENT IS DELINQUENT. THE NEXT INSTALMENT WILL BE DELINQUENT NOVEMBER 23, 1977, IF UNPAID. COVERS LOTS 20 AND 21 A- 171031 PAGE 2 SPECIAL EXCEPTIONS 3. CONTRACT OF SALE VENDOR : WILLIAM 0. TURNER AND JOY F. TURNER, HIS WIFE WHO ACQUIRED TITLE AS WILLIAM TURNER AND JOY TURNER, HIS WIFE VENDEE : JOSEPH T. PLAISANCE AND VERNA C. PLAISANCE, HIS WIFE DATED. : JULY 6, 1959 . RECORDED : OCTOBER 14, 1959• AUDITOR'S NO.: 5090963 RECEIPT NO., : E- 363565 COVERS LOTS 20 AND 21 VENDEE'S INTEREST NOW HELD BY VERNA C. KALB, FORMERLY VERNA C. PLAISANCE, PRESUMPTIVELY SUBJECT TO THE COMMUNITY INTEREST OF, HER HUSBAND, GERALD W. KALB, AS TO AN UNDIVIDED 1/2 INTEREST; THOMAS PLAISANCE, PRESUMPTIVELY SUBJECT TO THE COMMUNITY INTEREST OF HIS WIFE, IF MARRIED SINCE JUNE 25, 1967, AN UNDIVIDED 1/12 INTEREST; AND ROBERT PLAISANCE, COLLEEN PLAISANCE JAMES PLAISANCE, AND DEBRA PLAISANCE. MINORS. EACH AN UNDIViDFD 1/12 INTEREST. PRESUMPTIVELY SUBJECT TO THE COMMUNITY INTEREST UP THLIR RESPECTIVE SPOUSES, IF MARRIED SINCE JUNE 25, 1967; ALL OF SAID INTERESTS BEING CLAIMED UNDER ORDER ENTERED JUNE 26, 1967, IN KING COUNTY PROBATE COURT CAUSE N0. 190363; AND BURNARD SANFT AND ADOLPH SANFT, AN UNDIVIDED 1/12 INTEREST UNDER ASSIGNMENT DATED AUGUST 4, 1967, RECORDED AUGUST 7 1967, UNDER AUDITOR'S FILE NO. 6214897 (E- 6921901 NOTE: THE VENDOR'S.INTEREST IN SAID CONTRACT IS NOW HELD OF RECORD BY UNION FEDERAL SAVINGS AND LOAN ASSOCIATION. 4. CONTRACT OF SALE VENDOR : GERALD W. KALB AND VERNA C. KALB, HIS WIFE, AS TO AN UNDIVIDED 1/2 INTEREST; JERRY PLAISANCE AND MARJORIE ANN PLAISANCE, HIS WIFE AS TO AN UNDIVIDED 1 /12TH INTEREST; AND VERNA C. KALB, IN HER CAPACITY AS GUARDIAN OF THE PERSONS AND ESTATES OF THOMAS PLAISANCE, ROBERT PLAISANCE, COLLEEN PLAISANCE, JAMES PLAISANCE AND DEBRA PLAISANCE, MINORS, AS TO AN UNDIVIDED 5 /12TH INTEREST VENDEE 2 BURNARD SANFT AND ADOLPH SANFT DATED : JULY 18, 1967 RECORDED : JULY 18, 1967 AUDITOR'S NO.: 6205116 RECEIPT NO. : E- 689160 SAID CONTRACT COVERS LOTS 20 AND 21 THE INTEREST OF SAID VENDEES BEING PRESUMPTIVELY SUBJECT TO THE COMMUNITY INTEREST OF THEIR RESPECTIVE SPOUSES, FANNY SANFT AND RUTH M. SANFT NOTE: THE INTEREST OF JERRY PLAISANCE AND MARJORIE ANN PLAISANCE HAS BEEN ASSIGNED TO BURNARD SANFT AND ADOLPH SANFT 5. DEBRA PLAISANCE, ROBERT PLAISANCE, COLLEEN PLAISANCE, AND JAMES PLAISANCE ARE MINORS. IN KING COUNTY PROBATE CASE NO. 191058 VERA KALB HAS QUALIFIED AS GUARDIAN OF THE ESTATE OF SAID MINORS. ANY CONVEYANCE OF THE MINORS INTEREST MUST BE MADE UNDER ORDER OF COURT IN ACCORDANCE WITH THE STATUTE. 6. CONTRACT OF SALE VENDOR : ADOLPH SANFT AND RUTH M. SANFT, HIS WIFE: AND BURNARD SANFT AND FANNY SANFT, HIS WIFE VENDEE : DAVID A. BREIWICK AND CORINE BREIWICK, HIS WIFE, ALSO KNOWN AS BETTY CORINE BREIWICK DATED : FEBRUARY 1, 1972' RECORDED : FEBRUARY 4, 1972 AUDITOR'S NO.: 7202040132 RECEIPT NO. : E- 168830 7. ANY QUESTION THAT MAY ARISE DUE TO SHIFTING OR CHANGE IN THE COURSE OF THE RIVER OR CREEK HEREIN NAMED, OR DUE TO SAID RIVER OR CREEK HAVING CHANGED ITS COURSE. NAME OF RIVER /CREEK: DUWAMISH RIVER R. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION OF SAID PREMISES, IF ANY, LYING IN THE BED OF THE DUWAMISH RIVER 9. CONTRACT OF SALE VENDOR. : DAVID A. BREIWICK AND CORINE BREIWICK, HIS WIFE, ALSO KNOWN AS BETTY CORINE BREIWICK VENDEE : BEST WAY MOTOR 'FREIGHT, INC., A WASHINGTON CORPORATION 171031 PAGE 3 GATED DECEMBER 9, 1976 RECORDED. : DECEMBER 17, 1976 AUDITOR'S_. NO. : .7612170360 RECEIPT NO. : E 384337 ...END OF SCHEDULE B... WA:, 10 THE TERMS OF."THIS:POLICY ARE' MODIFIED BY THE ATTACHED INDORSEMENT.. . . ' TO 1 9 1 9 . 1 PN T I W A 15 -751 } ENDORSEMENT FORM WA 10•REV • OWNER'S INFLATION PROTECTION ENDORSEMENT ATTACHED TO POLICY NO. / / 031 ISSUED BY Pioneer National Title Insurance Company The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Endorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding exceeds the highest Index number for the month of September in any previous year which is subsequent to Date of Policy; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur:. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This Endorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Pioneer National Title Insurance Company Ale's:: g - " " 91., President 9 7 441 Secretory NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges (if applicable at all) will be allowed only upon the original face amount of insurance as stated in Schedule A of said Policy. • The Company has not surveyed the •premises described in /f /7/031• The sketch below isTfurnished without charge solely for the purpose of assisting in locating said premises and the Company assumes no liability for inaccuracies therein. It does not purport to show ALL highways, roads and ease - ments adjoining or affecting said premises. Map Dept. Reference.. MAS11.R LAND DEVELOPMENT APPLICATION FORM PRESENT USE OF LAND OR IN STRUCTURE(S): Vacant ' IF THE STRUCTURE IS VACANT, INDICATE WHEN VACANCY BEGAN AND WHAT USE WAS BEFORE VACANCY: Demolition permit has been issued to remove old buildings DETAIL DESCRIPTION OF PROPOSED USE (For example, discuss manufacturing processes used, wholesale /retail /warehouse functions, outside storage of goods or equip- ment, or other information which will facilitate understanding of the'activities you propose to develop on this site) Frei ht terminal warc?hnnRA and nffinp: Ahnp fnr sPrviring trucks SITE USE STATISTICS: City of Tukwila 6200 Sc udwenter Boulevard limas 1 /1tahrIgton 98188 SUPPLEtE QUESTIONAIRE ..ldule - C CONDITIONAL USE PERMIT APP. NO. OF ROOMS (MOTEL /HOTEL ONLY) ❑ N/A MANJFACIURING/WAREHOUSE FLOOR AREA 4895 so ft Q N/A OFFICE FLOOR AREA 420 se `t ❑ N/A NO. OF EMPLOYEES ANTICIPATED A., ) 0 viol orms ❑ N/ 1 TOTAL ON -SITE PARKING PROVIDED 72 spates El N/A FLOORS OF CONSTRUCTION PROPOSED office — 2 floors Q N/A warehouse-1 1� � MASTER LAND DEVELOPMENT APPLICATION FORM \, FEES: 2z5.. - .. RCPT. 5V/12, EPIC. NOTE: Please write legibly or type all requested information -- incomplete applications will not be accepted for processing. SECTION I. GENERAL DATA Bestway Motor 1) ;APPLICANT'S NAME Freight Inc. TELEPHONE: ( 206) MU 2 - 8585 2) APPLICANT'S .ADDRESS 1765 6th Ave. S. ,Seattle ZIP: 98134 3) PROPERTY OWNER'S NAME Bestway Motor Frt. TELEPHONE: (206) MU 2 -8585 4) PROPERTY OWNER'S ADDRESS 1765 6th Ave. , Seattle ZIP: 98134 5) LOCATION OF PROJECT: (geographic or legal descrip.) 6440 S. 143rd, Tukwila East 20 Lot 15 All of Lot 16, 17, 18, 19, 20 and 21 Hillmans Seattle Garden Tracts KROLL PAGE: 6) NAME OF PROJECT(OPTIO.NAL) Bestway Moor Freight terminal SECTION II: PROJECT INFORMATION 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: Office and Truck Terminal and separate shop area 8) DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? DYES NO 9) PROJECT DATE a. NET ACRES` c. PARKING SPACES 72 b. GROSS ACRES 4 ± d. FLOORS OF CONSTRUCTION 2 e. LOT AREA COVERAGE BLDG.11,196 SQ.FT. LANDSCAPE SQ. FT. PAVING 50, 000 SQ. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10 %? 11) EXISTING ZONING /Y) — 1 12. EXISTING COMP.PLAN - I M-il 13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION ON THE CITY'S ENVIRONMENTAL BASE MAP? a. NAME: JALCO, Inc. b. NAME: YES N NO 14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR OTHER DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY OWNER, PLEASE INDICATE BELOW. ADDRESS: 6628 - 212th SW, Lynnwood 98030 ADDRESS: SECTION III: APPLICANT'S AFFIDAVIT I, i,d }a _ , being duly sworn, declare that I am the con ract pure aser or owners of tie property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed an this ffJ r day of Ce residing at DATE I /M/o D orn before me 1 Notary Public in and' jr the State of rc aser or owner) SECTION IV: SUPPORTING MATERIAL REQUIREMENTS NOTE: All applications require certain supporting documents and information which are described in the following table: TYPE OF APPLICATION (CHECK BOX(ES)) SUPPORTING INFORMATION REQUIRED ** REZONING 1E, 2, 3, 4, 5, 7, 11 CONDITIONAL USE PERMIT 1C, 3, 4, 5, 7, 11 VARIANCE 1F, 4, 7, 11 or 17 COMPREHENSIVE PLAN AMENDMENT 1D, 3, 4, 5, 7, 11, 12 SHORELINE MGM. PERMIT 1B, 3, 4, 5, 7, 10, 11, 13 SHORELINE MCNT PERMIT REVISION 4, 10, 16 WAIVER 1A, 3, 4, 11, 12, 13 SHORT PLAT 4, 5, 9 BINDING SITE Ih1PRCNEMFNF PLAN 4, 5, 8 ARCHITECTURAL REVIEW 11, 12, 13 LANDSCAPE REVIEW 14 SUBDIVISION 4, 5, 6, 15 SIGN VARIANCE 4, 6, 16, 17 * *See TABLE 1 for detailed description