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HomeMy WebLinkAboutPermit 78-06-R - PARK PLACE - SUNWOOD CONDOMIMIUMS PHASE II REZONE78-06-r sunwood phase ii COMPREHENSIVE LAND USE PLAN AMENDMENT COMPREHENSIVE PLAN AMENDMENT SUNWOOD CONDOMIMIUMS PHASE II REZONE CITY of TUKWIL4 • WASHINGTON ORDINANCE NO. /18/ AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REPEALING SECTION 2(C) AND AMENDING SECTION 2(G) OF ORDINANCE 1071 (PARK PLACE /SUNWOOD) WHEREAS, Ordinance 1071 provided for reclassification of certain property from R -1 -12.0 and R -3 to R- 1 -9.6, R -2, R -3 and R -4 within the City of Tukwila as contained in Planning Division Master File 78 -06 -R, and WHEREAS, said Ordinance 1071 was passed and adopted by the City Council on August 7, 1978, and WHEREAS, a public hearing was held before the City Planning Com- mission on August 28, 1980 and certain modifications to Ordinance 1071 were recommended by that body. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1: Section 2(c) of Ordinance 1071 is repealed in its entirety and new Section 2(c) shall be as follows: "Prior to issuance of building permits for Phase II of the development, a subdivision for 4 lots shall be approved for the R -1 district. Said short subdivision application shall detail all improvements described in Section 17.08.070 of the Tukwila Municipal Code. All required improvements shall be installed by the applicants prior to recording of the short subdivision; bonding for construction of said improve- ments as provided in the 17.08.080 (1) shall not be allowed. The short subdivision, as approved by the short subdivision committee, shall be recorded prior to certification of Phase II occupancy." Section 2: Section 2(g) of Ordinance 1071 is hereby amended to read as follows: "In the event that construction of any proposed structure has not begun within 36 months of the effective date of this reclassification, then said reclassification shall revert to the present designations (R -1 -12.0 and R -3) on that portion not platted for single - family residential." Section 3: There shall be added to Ordinance 1071, Section 6 which shall provide as follows: "Section 6: If, subsequent to the adoption of these amendments, the owner in constructing any phase of development substantially or materially violates any of the conditions specified and adopted in Ordinance 1071 and all exhibits, concomitant agreements and agreements pursuant to, and all amendments thereto, the City may recover damages for such a violation according to the following procedures. (a) Written notice of the breach or violation of the condition shall be given to the owner. Such notice shall specify the condition violated and the action necessary to cure such violation. The owner shall have ninety (90) days from the receipt of such notice to cure or remedy the violation in the manner prescribed. (b) If the owner fails to cure or remedy the violation in the manner specified, the City shall be entitled to five thousand dollars ($5,000.00) as liquidated damages for each material or substantial breach or violation up to a maximum total of fifty thousand dollars ($50,000.00). Any amount collected by the City pursuant to this Section shall be applied, as soon as reasonably possible, in completing the cure or remedy as specified by the City in its notice. Any amount remaining after completion of such action, less the expenses incurred by the City, shall be returned to the owner. (c) Upon receipt of the Notice of Violation the owner may, within ten (10)days of receipt of said notice, submit to arbitration the question of whether it has, either through its action or through its inaction, caused a material breach to occur. This question shall be resolved in accordance with the then existing rules of the American Arbitration Association and judg- ment upon any award rendered may be entered in any court of comp- etent jurisdiction. Such award may include the costs and ex- penses, including but not limited to attorneys' fees, incurred by the prevailing party in obtaining the award. (d) As used herein, the word "owner" shall mean the person or other legal entity in title to the real property that is the subject of this reclassification and any employee, agent or independent contractor under the control of owner, as well as the heirs, successors and assigns of owner." Section 4: The owner shall, at his own expense, remove all construction debris from Phase I construction from the open space zone. A temporary barrier such as "snow fencing" shall be installed at the boundary between the open space zone and the neighboring residential zone during later phases of the project to prevent damage to the open space zone from construction equipment and accumulated debris. Section 5: No other modification of Ordinance 1071 is expressed or implied by the provisions of this ordinance. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this a 7 oday of Approved as to Form City Attorney, Lawrence E. Hard Published Record Chronicle - November 9, 1980 M Y4(u ATTEST: , 1980. PROPOSED REVISIONS TO CITY OF TUKWILA ORDINANCE 1071 Section 2 (c): Final engineering drawings and plans for the plat improvements for the R -1 district shall be approved by the Director of Public Works and a bond guaranteeing the construction of those improvements shall be provided prior to the issuance of any building permits for Phase II. The plat improvements shall be fully constructed, inspected, and accepted by the Director of Public Works prior to the issuance of any occupancy permits for Phase II. Section 2 (g): In the event that construction of any proposed structure has not begun with thirty -six (36) months of the effective date of this reclassification then said reclassi- fication shall revert to the present designations (R -1 -12.0 and R -3) on that portion not platted for single- family residential. e 6: If, subsequent to the adoption of these amendments, the developer in constructing any phase of development substantially or materially violates any of the conditions specified and adopted in this Ordinance, the City may recover damages for such a violation according to the following procedures: (a) Written notice of the breach or violation of the condition shall be given to the developer. Such notice shall specify the condition violated and the action necessary to cure such violation. The developer shall have ninety (90) days from the receipt of such notice to cure or remedy the violation in the manner prescribed. (b) If the developer fails to cure or remedy the violation in the manner specified, the City shall be entitled to five thousand dollars ($5,000.00) as liquidated damages for each material or substantial breach or violation up to a maximum total of fifty thousand dollars ($50,000.00). Any amount collected by the City pursuant to this Section shall be applied, as*soon as reasonably possible, in completing the cure or remedy as specified by the City in its notice. Any amount remaining after completion of such action, less the expenses incurred by the City, shall be returned to the developer. (c) Upon receipt of a Notice of Violation the developer may, within ten (10) days of receipt of said notice, submit to arbitration the question of whether it has, either through its action or through its inaction, caused a material breach to occur. This question shall be resolved in accordance with the then existing rules of the American Arbitration Associa- tion and judgment upon any award rendered may be entered in any court of competent jurisdiction. Such award may include the costs and expenses, including but not limited to attorneys' fees, incurred by the prevailing party in obtaining the award. $ WASHINGTON � ORDINANCE NO. / 7/ CITY OF TUK‘A/I AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY FROM R -1 -12.0 AND R -3 TO R- 1 -9.6, R -2, R -3, and R -4 WITHIN THE CITY OF TUKWILA AS CONTAINED IN THE PLAiNiNING DIVISION MASTER FILE NO. 78 -06 -R. COUNCIL ACTION RM WHEREAS, A draft environmental impact statement has been distributed• to all affected parties and agencies; WHEREAS, Comments have been received on the draft environmental impact statement and a hearing on the draft EIS held at the Planning Commis- sion on 27 April 1978; WHEREAS, A final environmental impact statement has been issued on 7 June 1978 which responds to issues ra'ised during the comment period; % R/ "1i9 7b Or en) 9s to (1-:? WHEREAS, the Planning Commission at their 25 May 19Th regular meeting and after holding a public hearing has recommended approval of the rezone condi- tioned upon fulfillment of eight (U) stipulations; WHEREAS, The City Council has duly considered the environmental impact of the proposed action and the recommendation of the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the property described in the attached legal descrip- tion (Exhibit "A ") and as shown on the attached site map (Exhibit "B") is hereby reclassified to R- 1 -9.6, R -2, R -3, and R -4 as depicted on the map in Exhibit "E ". Section 2. The rezoning to R- 1 -9.6, R -2, R -3, and R -4 is subject to ' the following stipulations: a. Each phase of development shall provide the same proportion of open space identified for the overall development, exclusive of the R -1 district. b. Each phase of development shall not exceed the density identified for the overall development, exclusive of the R -1 district. c. Full application for Preliminary Plat of the entire R -1 district shall be made prior to issuance of any building permits for structures within the remainder of the 12 -acre site. A final Plat of said R -1 district must be properly recorded prior to • issuance of any occupancy permit for any structures on the remainder of the 12 -acre site. • . uruIucuIL.e HU. iU /1 Page 2 Section 3. The report of the Planning Commission is adopted by reference as though fully set forth herein. • hereby amended to reflect the changes by the rezoning action taken in this ordinance. App d. Within the R -1 district, the layout of lots and alignment and width of street(s) shall be determined at the time of subdivision review,'irrespective of the general layout depicted in the FEIS; provided, however, any street or roadway within the R -1 district shall not provide for vehicular movement from any multiple - family structure through the R -1 district. e. All mitigating measures identified by the Final EIS and as required by the Responsible Official shall be assigned to each phase of development. f. Planning Commission review of detailed site, elevation and land- scape plans, to include building and landscape materials, prior to issuance of respective building permit. The express purpose of such review is to ensure each phase or portion of development is in general conformance with the overall development plans in Planning Division File No. !•1F 78 -06 -R and that each phase or portion of development is complementary to the other phases or portions of development. g. In the event that construction of any proposed structure has not begun within 24 months of the effective date of this reclassification then said reclassification shall revert to the present designations (R -1 -12.0 and R -3) on that portion not platted for single- family residential; provided, however, the City Council may grant a single, 12 -month extension to the time period expressed hereinabove. h. All provisions, conditions and stipulations enumerated herein shall be recorded in the records of the King County Department of Records and all such provisions, conditions and stipulations shall be deemed to be attached to and run with the land and shall be binding upon all heirs, successors and assigns. i. Satisfactory preformance by the applicant of terms and conditions substan- tially similar to the concomitant zoning agreement, a copy of which is attached (as Exhibit C) hereto and by reference incorporated herein. Section 4. The zUrr ng map adopted by reference by Ordinance No. is Section 5. The City Clerk oved as to Form: puty City Attorney Published: Record - Chronicle, August 20, 1973 is directed to record a copy of this ordinance . and attachments with the King County Department of Records and Elections. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this 'J z / 7 day of ___ u s � , 1978. /t.a.Leiee Mayor ATTESL ity •Clerk LEGAL DESCRIPTION 1101 portion 51 front 9 add 10, 1nt.eanben Addition is the Cloy If Seattle. Itt.rdtnp to 110 plat r.i•rS S In Vohs. 10 of Pitts. meet 15, estates .0 sly tare, setela tan, sehtrl6M et fellers: SagInnlas at the let.,eetl len al the earth IIhe of tract O el sold plat rlth the test margin of 01.0 Ara. 1. .t conveys. to the Cite el Tutuli• In Inttrutent retarded under line County Aerel•In, ma. 71010703%; Ilentt te1'21'00 0 100.110 feet to M Melt paint In sold vest t woln, teen. u1 •ley said mae,.n S.00 fast to IM tt Iind .f said tot I, thence S01 ewe the Call tIne of mid I and 9 • 11.1.00• of •20.00 feel IC Ihe 1000 10151 Of 001101100; then. 001 505.00 feet to Ila seutheest career of sour 11.01 10, theme x$1'1$'37 "w 1121.46 feet to the 1ev1Aest cover of mid trail 10; thence e01'N'11 "t along the test Ii.. thereof 310.11 lett. thence t$1'35 "1 101.00 feel; then.. 021'25'17 "1 29.00 feet; thane 001•)4'))"1 150.00 feet; then. e1r25'lry 110.00 feet; thanes 00t 110.07 fool to • point latish Mars •1'25•17'4 less the 15441 P0351 M (011•100; IA.wen 3.6'75'27 "1 )11.70 feet to the lath POINT Of (0111010: (Mel the 0.00 feet of IM motherly 10.00 tmat of eel/ Let I0 as teeeyte to Me tit, •f Tukwila by MN retarded War alas County Moen, Ins M. 79090■0611. SUBJECT to covenants conditio and restrictions recorded contemporan- eously with the Condominium D•claration of lOtvood, • COadaalmima. SUILILCT TO AND TOGETHER WITH an easement for inaress, egress, utilities, and drainage over that portion of Lots 9. 10, II. Interurban Addition to the City of Seattle according to the plat recorded in Volute 10 of Plata, pate 55. in Ring County. Washington, described as follows: e.ginning at the northeast corner of said Lot 11: thence N611•25'27•11 along the north line morsel 5.00 feet to the refit strain of land Ave. 6. as conveyed to the City of 70urla by deed recorded under Ring County Record- ,no 1.0. 7909D10t1t: thence SC1•21'40'h along said west margin 144.95 feet to the TRUE POINT Or 111LG1NHINC,1 tnence on • curve to the right having • radius Cl 20.00 tees tofu • central antis of 90'00'00' an arc distance of 31.42 feet: thence 45P'31'2D'4 151.15 fret to a point of curve: thence on a curve to toe right Mvina • radius of )7.50 feet. thru • central angle of 45'00'00' an arc distance of 29.45 feet; then,. w43•311'20 53.33 feet to • point of curvet thence on • curve to the right having • radius of 17.50 feet. thru • central anal. of 45'00'00' an arc distance of 29.45 feat: thence 501'21'40'1 50.15 test to • point of curvet thence on • curve to the right having • radius of 277.50 feet, thou • central angle of 1.54'20', an arc distance of 47.90 feats thanes N11 •16'00'E 11.00 feet to • point of curve to the this having • ratio. of 171.50 feet, thou • central angle of 21.51'00'. an art distance of 64.114 lent: thence NI7•35'00'M 42.71 foot to • point of curve ;thence on • curve 'o the right Mvina • radius of 151.16 feat tnru • central angle of 16.43'00' an arc distant. of 51.17 foot to 6 Saint of revetar curve; tnenc. on • curve to the left having • radius of 105.00 teat. tofu • central angle of 23.33'77• on arc diets.. of 54.17 Feet; thence 021.25'77•W 37.43 tent to • point of curves thence on • curve to the right having • radius of 110.0D feat, thru • central angle of 111.17'51• on arc distance of 35.11 feet; thence 510.07'34•b 39.37 feet to • point of curve to the left having a radius of 140.00 feet. thru • central angle of 16.17 an arc disc•nce of 44.71 feet; thence 025'25'33'w 95.75 feet to the southeasterly line of Parcel C as ehovn on the City of Tukwila boundary Line Adjustment • o. 5W -5-79 and recorded under Stn.; County Receiving No. 7904150924 thence S61.34 along said southsestet line 30.60 feet; thence 021.20'27'( 95.75 feet to • point of curvet thence on • curve to the tight having • radius of 110.00 feet, thru • central angle of IS an arc di•tanee of 35.13 feat; thence 010'07'31 "L 39.37 fist to a point of curve; thence on • curve to the 1.00 having • radius of 140.00 feet thru • central angle of 18•17'01• an arc dist•ae. of 44.71 fast; thence 0211'25'27 37.43 feet to • pint of curve; thence on a curve to the right having • rarity. of 75.60 tot, thru • central angle of 29 an arc distance of 10.49 fast; thence 601.06 30.10 feat to a point of curve to the left having • radius of 232.44 feet titres • central angle of 10'43'00 an are distance of 75.53 feet to • point of reverse curvet thence oh • corn• to the right heving • radius of 130.50 feat, thru • .antral angle of 20.51'30' an arc dlatanc. of 65.71 feet; thence 611 14.00 fast to • plat of curve; thence on • curve to the loft having • radius of 119.50 feet thru • central angle of 9'54'20' an arc distance of 05.24 fast, thence 001.21.40 50.15 fast to • point of curves thence on • curve to the left having • radius of 79.50 feat thou • control of 4340'00• an arc distance of 62.44 foot: thence 643.36'20'1 53.33 feet to • point of curves thence on • curve to the left having • radius of 79.50 feet, thru • central angle of 45.00'00' an arc distance of 62.46 feet; thence 666.36'20'1 153.15 font to • point of curvet thence on • curve to the right having • radius of 20.00 feet, thru • central angle of 90 an ere distance of 31.42 feet to • point of tangency on the west eargin of said 42nd Ave. 6. thence 1101 along said Nest morn., 92.00 feet to the TRUE POINT Or OEG1501(6. 6UMJCCT to covenants conditions and restrictions corded cuntseporae- seusly with the Condominium Deelar•t of 6tinwood, • Condominium. TRIAD ASSOCIATES SMI�IMIn OOD t PHASE 0 A CONDOMINIUM /1E4-447 1/7/13-3/ SECTION 23, TWP 23 NORTH. RANGE 4 EAST, WM CITY OF TUKWILA KING COUNTY, WASHINGTON SHEET I Of It DEDICATION SNOW ALL mar IT TIMM PIANO'S that w, the undersigned owners to Moe slept. ere 611 the poas.a re of the lard Weis deasrLW W Yellers this Survey Nap and thew pleas sY dedleate the ewe for Gara/alem purposes solely to meet the requirements of W barlawtal Property Regimes Act for • survey asp ei.d to submit the property to the Act. The Survey map and these neon Dad soy partite thereof are restricted by the law and the Declaration, Covenants, Caadltlwa and Wtriotioaa ter this Coodesiniet tiled wader ■1115 Coenty hoseaiap ember _pt/!Jy / oe the 1eW day or nL.. . 194, Laa V53 Pere. . Batt tale it ' - ' day at N... , 11115. PACIFIC T'OWIMOURI WILDRRI- - PLACE PLACE. • Joint Venture, composed of NAM PLACE N UMBER OPAL. INC.. PAIQ PLA13 Mien 'N0, INC., and PARER PLACE 1051050 771E, INC., all Washington Corporations B ye PANQ PLACE MME1 011[. INC., • Washington Corporatia, N1m•11ag P for Vesture �� IlI 7 C)fA16 A. ' OILPEP widest C}MIMS 1EOOA1. SAVINGS a LOAM, as brtgageS aYr ■ earf1•y Ytad Juno 14, 11179, as recorded on June 13, 1071. wader Bing County Receiving No. 7106150935, hereby consents that the Property heroin &ascribed say D. submitted to Choptar 44.11 RCN to moor - Reece with Oho foregoing. RATED Iht• �a'Yy was e/owsime.e , 1104. ASSESSOR'S CEPTWICATE N•seinsd add appreved this 13 lay •t 'n/I 0 iliK , tole t gRgiR Or ASIRMFM IM 1.1444. !f • dsmic CLINt 11101 N sdepar M • S ty.. CITIMS P1mWiL IAVINGO • 1664. • Vsahiuq .s earporhtUIe p l /i in 11.1 4 er 1 a. -�-- Was Oswaty YeseMr RsPsty alas *meaty lassammt RECORDING CERTIFICATE 8011130851 P 441M for freed at the rgast et ut Jui, thl._u. 4sy .1 A/n., 1Sjp,, at di alwasr Past ...ILljt- see raoordod In rehwe 44 . .1 tsadaualr. Pew. 7!-31 a.derde of Ries County, 6aablepten. EYARIMNr OP 11010145 AND RiiTIONR 4•001E E 6.11[1 aaperint.sdwt of aamaade U ACKNOWLEDGMENTS In Of WA5L:M:T✓h 1 1ma COMM or • I STATE Of WASH :NCTOW colhr?Y or A. , +. wn TS:l If TO CEST1r7 that on thla 'A day of '•r:• nc.1 lei'. before be the undersigned a not -aiy put.ic in and Coe the state of bairangtrn, duly comei.rtoned and sworn. personally appeared S:CMAA: A CILA:r to M known to be the Pfel:dant of Pout rtA:t 1.7DIA OOt. IN:., the corporation that maecuted the within and foregoing Inet :Lent, end acknowledged the Said lnatrv- ment to be the fr.e and voluntary act and deed of slid corporation for the uses and purposes therein sentioned. and on oath stated that he was authorised to execute said instrument. WITNESS ey hand end official meal berets affixed the My and year first above written 1 as A CONDOMINIUM SECTION 23. TWP 23 NORTH, RANGE 4 EAST, WM CITY OF TUKWILA KING COUNTY. WASHINGTON 5.+ ' n kn 0 'two of Washington. Meld ill/ at On this L day of '. • ... r t . 1080. before me appeared .• - to me known to be the •. • + •L..: or Crf ::tai yEDEAAL LAVIMCo A LOAM, the corporation hat 5.11.1ed the within and foregoing instilment. and scenovledged the said instrument to be tits free and voluntary act and deed of said corporation. for the uses and purposes therein mentioned. and on oath Stated that be is authorised to eaecute the said instrument and that W 11141 affirmed is the anal of said corporation Ot1WEif sy hand and official Seal hereto attlead the day old peel first above written. J i 5 � � t � WTUY S i oc o St Washington. Msldiq at • UMW:- N^�L 1. $'11010: Ms ANL IMMURED Tr /OUTSIDE POUNDATION COMMON MID INIA1UIZD AT SIGN? AIC111 PL Ph0►LPT? Liect. 2. ►OUWDAT10a DIMMSIONS Alt 1ttASUOLD ON COMM VACS Of r01AOATION. J. DIrMMStOOS PPM OUTSIDE PACT OF rtM11 APlOM TO 117111011 Watt SttYICE AU! AS IOWA_ ►OUNDA ?1O' O11.104TL4 Ar ILMOd ION S .14 1.50 I SI ,100► 1.50 MIDDLE SLOOP 5.11 topic PLOW s.SS I.Own. ILOO O .71 UPPE• ►1005* 1.17 LOr11 PLom. 1.17 MUDDLE PLOW. 1.00 Werth MOP 4. PaOTt Matti AMS 0.50 MIT TWICt. S. SOU Miff NMI trait= moo NAOS. Sit Werra 4 boo 5 Poe Oilloi ?ION or U01Ts W1T115 5U1LOi0G COttplil 4. INDiOIDWLL APAPTMER?I cOmSeIICTLD Is aCCORMNC! Sill TWIST P1ias MT N SUO.ftCT TO MIOOP v111ATl0ef IN DOtMSIONS NOT TO 110110 .0.15 PSLT. 1. AACIIITLCTLRAI. O5IWING1 INOw /171010/ P0571T1000 AND 0LTA11* Poe MO10- sect SUPWail 1101,, TOt 10170 IUTOAlo1 010T171081$ SID 007111* MT mot NM SLOT CO51TILI TILD dCCONlSG TO TSeit Tided. RATt OI M15150T01. I ma. COMM d Slot rm7t :on*'alt' Su�hyaML�ad ,a6r•wb Ia i t Cerra! No. 10041 tL: ARCMITEC'T S CERTIFICATE 1 , CIPTIrt that the plan* of f•Jr: �+.+ :L P.M'Y 0.0 • cotoatnau•. fully one Iy selrcta the apartment rumors dimensions as locations or the apartment, se Swill e"jv,ta r_ie.be Jl . Ming first duly sworn epee seta, dspemes says 1 am the above named Mg Archstset: 7 Mme read the foregoing Me Areaitset's . Mho the ametbets thereof and believe the moo to be true. 4lecribeM and .mere to before me this Jt. Yy el ett+rw lee: Notary Pub a n ��r the State St $shaegton me.adlap et 14..a.dt SURVEYOR'S CERTIFICATE 1 hereby certify that tAio survey Sop for sa atoo AINA3/ • a Corid*sinite. as based upon an Oct.: Lowey or the property titer, del. *timed. and the building es -Milt thereof: .hat the ..arises eel distant.. are Oorr.ct *hewn, that 1 nave fully complied with the previsions of ale Stetet51 5overnine e$dmeaSi WNe. .2 3 -3! STASI Of OMMISCICS 1 as =urn or SING 1 Wolter V. Swenson. beleg tiret duly ewers lon mein. dept...e and says' 1 me the b rt�cau�k ne tbe thereof f SM be the it oa foregoing . om Wed to be e %t or•a vepeft. M Meese me this d . of lid N�C u 'o an or ate ot. ♦M J tit,b Mae015ten. residim5 01 . W 1s. r + .. �A •? • A vASo E1.1:17k, E1.rvAT10r. 64EVATICm 1.1:4. :‘ 0111.016' u6:7 111IIL01140 MILT 11141416 11.:7 6 7111 Ii,.a.1 CL:.1MC 0017 NI. TTIL 111131 C011.10: OMIT T►►6 ►i00A ►1001 R1L1N: 4 -: A 194.11 21:.9' 0-1 191.4) 136.06 0-13 C 311.41 212.11 300.07 A -2 A 353.56 211.14 6 -2 A 201.52 215.22 C -12 G 301.41 312.11 311.07 0.3 A 212 71 321.31 1.3 A 311.01 326.31 C-11 C 196.40 16.17 34.11 A -1: L 111: 7L 110.41 0 -11 0 M. 192.61 0-14 G 190.40 116.17 310.01 A -1: r 101 7C III. 41 0-11 ► 114.75 192.01 C-21 C 310.13 310.43 6.1: C 100.1C 101.41 0-13 C 114.75 392.65 0-22 C 210.73 210.42 A -1 . a 149.96 19 1-21 0 193.97 201.55 C -23 C 2111.1 313.30 10-22 C 110.91 197.00 0-23 C 193.07 201.55 0-24 C 05.67 313.30 0 1. 119. 96 19 -.91 0.23 0 191.07 201.55 0-21 C. 319.41 1 4-24 r 100.06 107.50 0 ► 193.17 201.05 0-32 G 319.49 3 A C 160.00 117.59 0 - 25 C 101.67 201.55 C - 31 G 214.41 1 A -3e C 199.00 117.01 0.71 C 113.61 201.55 C -34 G 314.41 1 A -2• t 100.96 107.56 0 - 1 113.0 201.55 D G 301.29 201.95 309.62 A -1: 0 199.05 204.74 11.31 0 203.96 210.66 D-12 G 201.33 201.95 209.62 A -3: C 109.00 201.74 0 -3: C 302.96 210.66 0-21 C 311.12 211.34 A - 1 195.09 201.74 0-33 D 202.96 210.40 0-27 C 210.12 210.31 6.14 100.50 204.74 0-34 ► 202.96 211.66 0-31 G 210.17 1 A -31 109.09 204.74 0 -35 C 202.91 211.66 6-32 C 319.17 1 a - L 109.00 206.74 0-36 C 292.16 210.66 1-11 C 210.43 209.00 316.60 A -3' L 119.09 206.74 1.37 It 202.96 210.66 1 - C 300.43 209.00 216.69 4.41 0 204.11 215.71 0-41 0 212.01 211.11 1 -21 C 211.67 235.45 4 -41 C 206.14 215.71 6-62 C 212.09 210.92 1 -22 C 117.17 120.40 4.43 C l 206.11 215.71 6 -43 C 212.00 219.11 3-31 C 326.05 1 4 -44 201.11 215.71 0-44 1 213.09 211.81 6-32 C 326.15 3 1501.0ING 0617 0017 NL. 7701 1LNAT100 101 E0 LEVEL 0/020 LIVCL 1C000 CEILING 1 RILING r -11 333.71 221.05 211.20 225.05 313.71 221.59 210.25 225.05 60767 LEVEL NIP LNLL 111DD1.1 LEVEL 01 LEVEL /IOOA 0311I00 ►10D1 CEILING "loom 01111116 /1000 RILING ► - 211.27 1 222.72 1 227.00 334.10 211.22 1 2 -22 211.21 1 222.72 1 227.00 214.70 231.12 1 G -I 3 G-2 .2 G-3 .7 G-4 a 0 -1 2 O -2 J O -3 2 O -4 2 1 -11 0 3 -12 1 1 -21 1.22 .3 -1 1 -2 a -3 a-6 FK.i.: E A CONDOMINIUM SECTION 234 TWP 23 NORTH, RANGE 4 EAST, WM CITY OF TUKWILA KING COUNTY, WASHINGTON LOIN LEVEL 611 /1000 11001 20189 LEVEL 114R0 LEVEL 11001 MIME. ►SODA RILING 217.01 220.66 222.27 321.99 317.01 215.66 222.21 220.00 117117 races 220.30 320.30 120.26 110.26 230.32 220.)2 220.65 220.65 320.09 320.10 330.07 220.17 320.00 220.00 321.02 321.02 OWN LEVEL 60K1 MIL 011L10G ►1000 C11L11G NON OILING 311.29 325./9 31).1► 335.19 215.39 329.11 335.25 335.31 310.50 330.11 129.15 319.55 210.64 310.64 3711.65 118165 LEVEL $111 LEVEL MIDDLE LEVEL NK1 LEVEL 0111130 11001 MEIN 15001 0111110 0500 awls 122.30 1 316.4 1 231.13 216.75 111.17 1 223.10 1 126.4 1 131.13 231.75 235.31 1 236.75 1 3)1.12 1 135.21 242.57 219.67 1 310.75 3 331.12 3 3)1.11 142.57 355.67 1 126.75 1 231.11 1 231.31 141.07 120.61 1 336.71 1 111.12 1 131.31 141.67 119.1 1 SMF.FT S OF 03-31 MOM 6111 1 MI KANO I1 RILING VENATION. 111 TOTAL [811101 13 MDT LEVEL - O►E0 TO /18101 02301 000 01101041. 31101I0NI. . �. , Jo 0: Y 9/ /Yt CawnwoAwf ay aster /If '"% .)• • •• .. , • r • SC4LE it. • Jr: /4 35 CD1hie 0 J/0ewet ori,(1111c tatiai ' 0.:03 fa ((JO for n•ill.if.cfP• ID. 0 '41 I 3! (mum 0 CoL,P7 tat £'F 7e "to ft .500.4#, COP , Awe. roz,zr aunt:. 01,12 .10: 0' 314 (13111/6/ &AV C. V7 DAWN 1.4faS (6(.V0 • Ilto.;- CS conix. ilAPPO! R-D[KrYa=2, A CONDOMINIUM SECTION 2TWP 23 NORTH. RANGE 4 EAST, WM CITY OF TUKWILA KING COUNTY. WASHINGTON • - • - "."'• • •• • 1 -; 1. 4" ph ; .1 4 j S•NMe466 Ohirawahow Ms &NW VP V : f - r. - 11 , t AA I !ism ('1' AS. Af - / b. ; .23- ' lea I 3 I v *UM' al le 2811101 row IV . ••• --• owes r••• sr • • • • PKAZI A CONDOMINIUM SECTION 23, TWP 23 NORTH, RANGE 4 EAST, WM CITY OF TUKWILA KING COUNTY, WASHINGTON • 1.000 .1.••1 LOW N:F • •••• nno• 4 t o „ 3T IMOLA AND UP MI LIVIR. ,•••••••‘ 1. • I TRIAD ASSOCIATES •NECT 7 OF • sw ... 41 +.1 • •• ••• • J• • mew • • • 131.":• • , • , J . • •• ftl f OM Omer Eau . A CONDOM IN IUM SECTION 23, TWP 23 NORTH. RANGE 4 EAST. VVM CITY OF TUKWILA KING COUNTY. WASHINGTON Y MAP es ILYII TRIAD ASSOCIATES - • SUKWOO'L • • te.)■•• •••• •,.•••• 0•14 •• • . • JO. •■•• • LL' I • ••• • . D •••• -a .1.4. • • now a. it i ''•� ,� �= ' •� � �. SIP,* 60.• MIN• • ■ any. — 3: A CONDOMINIUM SECTION 23, TWP 23 NORTH. RANGE 4 EAST, WM CITY OF TUKWILA KING COUNTY. WASHINGTON ii DOGS C, O. 4 C MIT i : KS C i , I. 61 ■It r ' ._� • ..... -.-h - 1 W7'f+ ..CTQ• . -. • Mom IMO 1 ...� ... TAI ILO ASSOCIATES .163 II SNIT 0 SUMWOOOOG N. SHEET • Of • • A.K. •a. / 11. OM V _� w. rw. � NIT I 111•11111 •IT N Want) rye r me= ••a .•.a ( uw. � /#3-31 or aml j •.K- 011 I (MN()) •Ii • (MI) SIT I TUKWILA CITY COUNCIL, SPEC(,..: MEETING October 27, 1980 Page 3 Ordinance #1181- Councilman Bohrer commented that the applicant's letter addressed Repealing Section' concerns raised at the last meeting. It refers to submitting a 2(c) & amending landscape restoration plan within 30 days, approval of the fire - Section 2(g) of lane and submittal of a temporary erosion control plan within Ord. 1071 (Park 10 days of the Council's enactment of the Ordinance. He wondered Place /Sunwood) if it was necessary to incorporate these in the ordinance. (Cont.) Mayor Todd asked Mr. Kresovich if the applicant means to do what the letter says. Mr. Kresovich said his clients have authorized them to make these conditions; if Council wishes to incorporate them in the ordinance they have no objection. Mayor Todd said the record will show they are in agreement. Councilman Van Dusen said the biggest problem here has been environmental control verses the safety aspects. The biggest problem is the large cuts that will be made in the hillside. It is a very steep hill. He noted one other area in the City that has no second access to be used in case of emergencies. It is becoming the highest density area in the City. He sug- gested having a firelane off of South 152nd. This would provide a firelane for that area and also for the area under discussion. We are not going to be completely satisfied with any of the solutions we have seen. We will have to try and get the best one we can. Councilman Hill noted that they have a parking lot over there that connects with South 152nd and a knock -down barrier could be installed there. It would benefit both property owners. Councilman Johanson said that Mr. Smith agreed to the firelane and the knock -down barrier. Mr. Kresovich said they would be willing to work on this alter- native solution. There may be potential problems that would make it impossible or impractical, but they would be willing to do some research. Prior to the preliminary plat approval on the short plat, they would be able to discuss this once more and set out all the facts. Councilman Bohrer said he does not feel that South 152nd is a substitute for the approach Council is taking here. That should not be a replacement, but an addition to the firelane under dis- cussion. He asked if the Fire Department and the Public Works Department have seen this new proposal. Mr. Kresovich said he doesn't believe they have. Before there is preliminary approval of the short plat, it will have to go to staff for review. It is clear that they can build a firelane totally within the require- ments of the Fire Chief and minimize the cut and fill on the slope. *MOTION CARRIED. Mr. Kresovich thanked Council for their patience and time. ADJOURNMENT: 8:10 P.M. MOVED BY HILL, SECONDED BY SAUL, THAT THE SPECIAL MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. TUKWILA CITY COUNCIL, SPEC . MEETING October 27, 1980 Page 2 Ordinance #1181 - Repealing Section 2(c) & amending ' Section 2(g) of ord. 1071 (Park Place /Sunwood) (Cont.) **MOTION CARRIED. c MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE FURTHER AMENDED TO CHANGE SECTION 4 TO SECTION 5 AND INSERT A NEW SECTION 4 TO READ AS FOLLOWS: * *MOTION CARRIED WITH VAN DUSEN VOTING NO. Councilman Bohrer said the proposal made looks the best of those that have been presented. He asked if it was possible to have five lots. Mr. Kresovich said the State Statute on platting forbids any subdivision that is more than four lots unless it goes through the formal subdivision procedures. Mr. Kresovich said their concern is to proceed with Phase II in order to obtain the financing necessary to put it in the prelim- inary plat improvements. No lender is willing to finance single family plats by themselves. It would be acceptable if Council would allow building permits for Phase II upon application for preliminary plat approval. The Planning Commission has already approved two preliminary plats, but if Council feels it necessary they are willing to go through it again. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE AMENDED BY CHANGING THE 4TH AND 5TH LINES OF SECTION 3 (Section 6, Ordinance 1071) AS FOLLOWS: "...in Ordinance 1071 and all exhibits, comcomitant agree- ments and agreements pursuant to, and all amendments there- to, the City may recover damages... " ** The effect of this amendment is to include the second agreement that was part of Ord. #1071 and was not part of the concomitant agreement. "The owner shall, at his own expense, remove all con- struction debris from Phase I construction from the open space zone. A temporary barrier such as 'snow fencing' shall be installed at the boundary between the open space zone and the neighboring residential zone during later phases of the project to prevent damage to the open space zone from construction equipment and accumulated debris. " ** Councilman Bohrer explained in the Phase I construction, there were materials pushed over the boundary from the R -4 zone into the open space zone. It consisted of dirt and rocks and pieces of trees along with other construction materials. The purpose of the second part is to establish a barrier so such encroach- ments are prevented from happening. Mr. Kresovich said a physical barrier will be incredibly expen- sive. To construct such a barrier will do a tremendous amount of damage to the areas you are trying to protect. Clearly de- lineating the areas to be protected could be done with the use of plastic tape. It is an impractical solution to use fencing. They would be willing to mark the area with stakes, rope, plas- tic tape, etc. Councilman Bohrer said snowfencing is not an expensive material and should not disrupt the site. It would provide a solid physical boundary so the bulldozer driver can see it. Council- man Johanson said this is just a temporary barrier. The motion is only a barrier "such as" snowfencing. That is only a suggestion. He said he has no problem with the type of fencing as long as the Ordinance is complied with. Councilman Bohrer explained that there has been no attempt at all to clear the boulders out of the open space zone. Debris still remains in the open space zone and should be removed. The intent is to remove what is there currently as a result of Phase I and to try to prevent it happening again during Phase II. OFFICIALS IN ATTENDANCE October 27, 1980 7:00 P.M. ROLL CALL OF COUNCIL MEMBERS Ordinance #,1181 - Repealing Section 2(c) & amending Section 2(g) of Ord. 1071 (Park Place /Sunwood) Proposed Ordinance - Approving & con- firming the assess- ments & assessment roll of LID 29 TUKWILA CITY COUNCIL Tukwila City Hall Council Chambers SPECIAL MEETING MINUTES LIONEL C. BOHRER, J. REID JOHANSON, DANIEL J. SAUL, Council President, GEORGE D. HILL, DORIS PHELPS, GARY L. VAN DUSEN. MOVED BY SAUL, SECONDED BY BOHRER, THAT COUNCILMEMBER HARRIS BE. EXCUSED FROM THE MEETING. MOTION CARRIED. DON WILLIAMS, Recreation Supervisor; HUBERT CRAWLEY, Fire Chief; JOHN MCFARLAND, Administrative Assistant; MAXINE ANDERSON, City Clerk. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE PROPOSED ORDINANCE APPROVING AND CONFIRMING THE ASSESSMENT ROLL FOR LID #29 BE TABLED TO THE REGULAR MEETING OF NOVEMBER 3, 1980. MOTION CARRIED. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Councilman Hill read an ordinance of the City of Tukwila, Wash., repealing Section 2(c) and amending Section 2(g) of Ordinance 1071 (Park Place /Sunwood). MOVED BY HILL, SECONDED BY VAN DUSEN, THAT ORDINANCE NO. 1181 BE ADOPTED AS READ.* d94)a Councilman Bohrer reported that Fire Chief Crawley has done a survey of firelane requirements and standards in other cities. He surveyed seven cities and found that most of the jurisdictions allow a 10% to 12% maximum gradient; however, Seattle and Renton allow 15 feet. All of them require a minimum radius greater than 40 feet. Tukwila's requirement of 15% on the gradient and 35 feet on the minimum radius are the least restrictive. Councilman Bohrer said he appreciates the applicant's concern about occupying the completed units which he is currently prevented from doing by Ordinance 1071. There are still a number of items concerning this development that are unresolved. He proposed a substatute ord- inance that would allow occupancy but reserve consideration of the other items until later. Council did not consider this proposal. Mr. George A. Kresovich, Attorney representing Pacific Townhouse Builders, explained that Ordinance 1071 does not deal with the location of the firelane. He said they would be willing to ac- cept the passage of the ordinance with the requirement that Council would locate the firelane, specifying the grade and the alignment. He thanked Councilman Bohrer for pointing out an alternative location for the firelane. This was to start the firelane from the cul -de -sac. This alternative meets all of the objections and concerns of the Council. It allows preservation of a significant amount of vegetation, meets or exceeds the requirements of the Fire Chief, and when combined with the four lot plat, will pro- vide for a quality single family development. Mr. Dave Halinen explained the alternative. There are a number of advantages to it. You are able to get from the access at the cul -de -sac, with a better elevation, to the R -2 zone. It gets the firelane away from the Sipe residence, so there is no problem with a berm along the south side. Changing the location of the lots would minimize the clearing and grading necessary for the firelane. The grade would be held to a 9% approaching the R -2 area. This meets the Fire Department's requirements for the firelane and should be accepted by the Council. Councilman Van Dusen asked about the heighth of the rock walls. Mr. Halinen said the walls vary from 5 to 15 feet. .. 11^.!!if!.T- �+.- ..Tr!Ty+ -Vrr�. _ rr�_.a. . --«•:� ' -.. c �' . rr. .. - .... .. .. .. ► _ :�+. � :� .t.- ...�- T 'C...� �... - •?r' -•r ... -••-7• -- -.— j� \ \ \ <- _r...— exams CLEARED AREA ©.— 4loo ono &L ammo AREA PM ARE LPRE II WARM F/RELANE AND SI..VLILDER I- I L•7/STING VE4ETATTOYV :--- ' ORIGI/VAL C&NIOLLRS -- PROPOSED cromorrts FORE LANE ALONG G [` OO RT 11 BOUNDARY MNDDARY Gn1AMINUfE SLOPE O a0 PERCENT sE�AIL �' ENSTMC NOD SE I .. 4FILL 4'FLLL . 1�a ♦ t . • • • y I , AT 5 7115 LRVaNN DISADVANTAGES tumor mom .. ..■••••••• 4 :i• 1 RIVKIN PEAL T PROOTED ADVANTA ES I REAST 1*E HORIZONTAL ALIGNMENT FOR OR!VEASILITY E DIRECT CON ECITON 70 6ev AYE S AT S ISI"'ST- CDM►EMENT ACCESS POINT FOR EMERGENCY VEHICLE. S HO ANONAY BERM =moo ire RESIDENCE` • • • 4 MIOWRY LIES WITHIN £11571G CLEARIO Me • • ' S LEAST CRADAG LYWVEt of DYE • ALMEAMMIES -FILLS /D 7 VERTCAL FEET LAND DOE OCCUR OVER SMALLER &SMAATE MAN IV ALTERNATIVE DA NN AV EAN/B ?E) -LILTS 10 LWLY 6 VERTICAL FEET. C ACCEPTABLE ELEVATION AT CONNECTION WITH PHASE MADMAN I HIGHEST Of THE 4 ALTERNATIVES) A. MAWS CYM5TRUCTIDV Of NE PHASE If BUILDINGS WITH DR LEAST meow Of GROOM OfONE4 ALIEAYADYEft B AMVLADZES STEEPNESS Of PHASELT EAST -WEST ROADWAY . • MID M%) CREATING BESY REfIDE/IRAt ACCESS OP . - DIE 4 ALTERNATIVES 2 HOST DESIRABLE FROM STANDPOINT OF VIEW FROM S KIST AND (YAMS DECADE OF NAANIZAPON OF GRADE CHANGES NO CLEAR/AG. 1E0% GRADE IS MORE DIFFICULT FOR FIRE TRUCK m CLIAA! THAN 15% HOWEVER, A TAE SAG VERTICAL CURVE OF APPROXIMATELY !OFT. LEANNN WILL PROWDE A SIGNIFICANT GRADE TRANSITION AREA BETWEEN SENATES AND THE NOTION Of THE /WE LAVE LAM COS SLa°5 a SAVOY OR ICY LYNVITIDS ACE NEARLY At LIKELY ID PREVENT USE OF THE LANE WHETHER LT'TATA IS% OR 10% SLOPE C THE EDIS ALTERNATIVE WILL PERMIT RAE PHASE LT EAST-WEST ROADWAY DI HAVE A SWLIE OF !% TO 15%. IF 7E ELEVATION ATTI E FOE LANE COMNEL7/WY IN PHASES 1111 LOWERED MN EXHIBITS I AND E'. TEE M E OF THE PNATE EAST-07S7 ADADMAY WOOD ARE m OYtSEASETV N% ID 15% worm WOULD UNIT RLN EMEAit/KY VEHICLES MOULD NAPE ID TRAIEL AT OR MORE 5%. db w 78006 City of Tukwila Hut, It. Crawley F ira Chief Fire Department ' OFFICE MEMO TO: Frank Todd, Mayor FROM: Hubert H. Crawley, Fire Chie SUBJECT: Fire Lane Requirements DATE: October 24, 1980 Due to the confusion surrounding the issue of'fire lane requirements, I have prepared an explaination of how the standards were developed for the City of Tukwila and the result of a survey taken of other Cities in the King County area and their requirements. Fire lane standards were established to assist in the following areas; 1. Safety: A fire truck stopping on a grade steeper than 15% cannot be safely worked off of. In addition test conducted with actual apparatus of comparable weight would not be stopped from rolling by wheel chocks. 2. Apparatus Design: A fire truck has a large overhand behind the rear wheel. If the angle of the grade is steeper than this angle, the rear of the apparatus will be drug. This has already happened with some of our apparatus and has caused structural damage to the apparatus body. 3. Exceeding Safety Limits: When coming down such grades, it should be fairly assured that the apparauts suspension system and brake system will be able to compensate for:the momentum developed on the down hill drive. The braking systems as well as the suspension systems of our apparatus will not take that type of abuse. 4. Weather: Apparatus even with chains on would not climb grades over 15 %. Survey Results: ( Fire New Fire Lane Construction ) Seattle: 15% * Grade 45 -52 Foot Radus 29,000 load design. Mercer Island: 10% Grade 42.6 Foot Radus Min. 70,000 load design. Auburn: : 10% Grade N/A N/A Kent: 12% Grade 45 Foot Radus Min. N/A Renton: 15% Grade 45 Foot Min. Radus N/A King County: 12% Grade 40 Foot Min. Radus 40,000 load design. Tukwila 15% Grade 35 Foot Min. Radus 26,000 load design. * will allow up to 17.6% if no other way. City of Tukwila Fire Department, 444 Andover Park East, Tukwila, Washington 98188 (206) 575 -4404 GLENN J AMSTER H RAYMOND CAIRNCROSS MARK S CLARK MARK R. HAMILTON JEROME L. HILLIS GEORGE A KRESOVICH GEORGE W MARTIN, JR. SALLY H MILLEN DAVID E. MYRE, JR. LOUIS D. PETERSON JOHN E. PHILLIPS WENDY W. REED RICHARD S SWANSON BARBARA A WILSON RICHARD R WILSON Mayor Frank Todd The Tukwila Cit City of Tukwila 6200 Southcenter Tukwila, Washingt Re: Pacific At the several questions the above - referen Townhouse Builder We have obtained dealing with that a copy of those M to the questions to respond to som by members of the I. Several deal with the dev the number of lot ment, and grade o position on this either a four or lane in the locat by the City. Mr. Dal a four -lot subdiv (20 %) grade locat is the best solut filling, and clea and along the fir to the south of t created by such a less disturbance valuable and resu C ILL'S, PHILLIPS, CAIRNCROSS, CLARK & MARTIN A PROFESSIONAL SERVICE CORPORATION 403 COLUMBIA STREET SEATTLE. WASHINGTON 98104 Members of Council lvd. n 98188 LAW OFFICES OF October 24, 1980 Dear Mayor Todd & Members of the City Council: Townhouse Builders /Amendment of Ordinance 1071 E•23.1745 AREA CODE ?O6 ctober 20th meeting of the Tukwila City Council were asked by Councilman Bohrer concerning ed matter. On behalf of our clients, Pacific we would like to respond to those questions. rom the City Clerk a copy of her Minutes portion of the hearing and are enclosing nutes for your information. In addition ontained in those Minutes we will also attempt of the other concerns that have been expressed City Council. HE FIRE LANE AND THE R -1 AREA of the concerns voiced by Councilman Bohrer lopment of the R -1 area, specifically with to be provided and with the location, align - the fire lane. We believe our client's ssue is clear, -- our client will provide six lot subdivision and will build a fire on and with the grade and alignment specified y has frankly stated that he believes that sion with a fire lane at a twenty percent d along the northern edge of the property on. Such a solution would minimize the cutting, ing in the Phase II area, in the R -1 area, lane. It would not require a large berm e Sipes' house. Finally, because the lots subdivision would be larger and would require f the R -1 area, they would probably be more t in a higher quality of development. .yor Frank Todd & Members of The Tukwila City Council October 24, 1980 Page Two The major disadvantage of such a solution is that the grade of the fire lane would be steeper. All of the testimony that we are aware of on this subject indicates that the City's emergency equipment can negotiate either a fifteen percent (15 %) or a twenty percent (20 %) grade under good conditions but that in snow or ice conditions the City's equipment could not get up either a fifteen percent (15%) or a twenty percent (20 %) grade. We believe that the City Council certainly has the power and ability to weigh the cost and benefits to the City that would be incurred by requiring a fire lane of a certain grade and to decide what grade is appropriate in a particular instance. In any case, our client is prepared to abide by the City Council's decision. II. PROPOSED AMENDMENTS TO ORDINANCE 1071 Councilman Bohrer has suggested that the language of Ordinance 1071 be changed to more clearly indicate what conditions our client would be obligated to comply with. We have no problem whatsoever with any language that will clarify the intent of that Ordinance. It is our understanding that the proposed amendments to Ordinance 1071 would require our client to abide by all of the terms and conditions of Ordinance 1071 as originally set forth except in those instances where Ordinance 1071 has been specifically modified. We believe that this is the intent of the Council and of language of the proposed amendments. On behalf-of our client we would stipulate to that interpretation of Ordinance 1071 as amended. A related question is whether the monetary damages provided for in Section 6 of Ordinance 1071 as proposed are adequate. If the provision for monetary damages was, in fact, the only security that the City had to insure proper performance by Pacific Townhouse Builders, then, perhaps, the amount of money would be inadequate to provide complete security. However, the monetary damages provided for in Section 6 are only one of several means the City has to insure proper performance by Pacific Townhouse Builders. In the first place, the subdivision of the R -1 area must be reviewed by the City and approved prior to the granting of the building permits for Phase II. Construction of the plant improvements must be completed, inspected, and approved before occupancy permits for Phase II can be issued. The ability to refuse occupancy. permits for Phase II is also an available remedy for any other violation of the conditions for. Ordinance 1071. When the monetary damages are considered as one of several remedies yor Frank Todd & Members of The Tukwila City Council October 24, 1980 Page Three available to the City, all of which may be imposed in an appropriate situation, it would seem that the City has more than adequate assurances that the conditions contained in Ordinance 1071 will be fulfilled. III. LANDSCAPE, RESTORATION AND TEMPORARY EROSION CONTROL It is impossible for Pacific Townhouse Builders to present a landscape restoration plan for the area along the north border of the project until the location and alignment of the fire lane and the type of plat desired by the City Council have been established. However, our client will agree to submit to the Planning Department for approval a landscape restoration plan for that area within thirty (30) days after the City approves the fire lane as constructed. Our client will agree to be bound by the plan approved by the Planning Department. We believe that the temporary erosion control problem can be handled in a similar manner. Our client is willing to submit a temporary erosion control plan to the Department of Public Works for its approval within ten (10) days of the City Council's enacting the proposed amendments to Ordinance 1071. Our client will agree to install and maintain the temporary erosion control measures as specified by the City. We hope that we have been able to answer some of the questions and concerns raised by the members of the City Council in regards to the proposed amendments to Ordinance 1071. We will be available at the public hearing to answer any further questions that you may have. GAK /jr Enclosure cc: Lawrence E. Hard Pacific Townhouse Builders Triad Associates Very truly yours, George A. K;esovich QUESTIONS ASKED BY COUNCILMAN BOHRER 10 -20 -80 CT a recent meeting the Council said they wanted six lots and now it is 4 that is y .ing proposed. According to Section 6 in the proposed ordinance the words, "specified and adopted in this ordinance" are not inclusive enough. I would suggest "as specified and adopted in Ordinance 1071 as amended by this ordinance with all of its...." Section 6(b) The value of the penalties specified seem to be inadequate to cover the things that might be needed - it is hard to say what it would take to remedy a situation - $5,000? I would also note there is no criteria indicating how a judgment might be made. There has been an extensive list of major comments that are not embodied in the proposed ordinance. It mentions a type of plat, there is no map attached. We have spent a considerable time discussing firelane location and we have not indicated the guidance or solution. We spent a lot of time discussing what the criteria would be and the direction given by the Fire Chief, we talked about violating them. It was only only the feeling of the Fire Chief, but was in part a conversation he had with the Public Works Department that the firelane grade should not exceed 15%. The present situation has been caused in large part by an action of the developer. The Council feels the process the City used to control and enforce was not adequate but we have not heard or established a process that will improve on it. The Council and the developer have shown some concern about the approach of the rainy season and the effect that it might have on the relatively open drain where the firelane grading was done. There is nothing about what should be done to control that. There was some discussion and the developer said he was willing to do something about landscaping because excessive clearing was done. In some part the City arrived at the situation because the combination of the ordinance and the administration was inadequate. The proposed ordinance we have before us do not increase that control but it reduces that control and there is the prospect the City Council will again be disappointed. It is again a classic case of act in haste, repent in leisure. 717.A4-7 City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 7 908 Frank Todd, Mayor SPECIAL MEETING Notified in Writing: City Council Larry Hard, City Attorney Ted Uomoto, Public Works Dir. Mark Caughey, Planning Dir. Record Chronicle In accordance with RCW 35A.12.110, Council Meetings, I am calling a Special Meeting of the Tukwila City Council for Monday, October 27, 1980 at 7:00 P.M., immediately before the Committee of the Whole Meeting. The Special Meeting is being called to discuss: 1. An ordinance approving and confirming the Assessments and Assessment Roll of Local Improvement District #29. 2. An ordinance of the City of Tukwila amending Section. 2(c) and 2(g) of Ordinance #1071. (Park Place /Sunwood .r CITY OF TUKWILA 'rank Todd Mayor TOWNHOUSE BUILDERS MEETING 6 %-' ;. October 15, 1980 ' Hall 1:00 P.M. Council Workroom Present: Councilman Gary Van Dusen, Fire Marshal Jim Hoel, Acting Planning Director Mark Caughey, Council Analyist Dennis Hidell, Don Dally, Townhouse Builders, David Halinen Architectural Engineer for Townhouse Builders, Dick Gilroy, Townhouse Builders. Councilman Van Dusen said the purpose of the meeting was to discuss the problems that exist between the City and the developers of the Sunwood project, as it affects Ordinance No. 1071. The main area of controversy appears to be the location of the firelane. A chronological list of events has been: June 3, 1980 - a letter was written by Don Dally, Pacific Townhouse Builders, requesting relocation of the firelane. June 4, 1980 - a letter was written to the Mayor on the same subject by Townhouse Builders. June 9, 1980 - a letter was forwarded to the City Council for their action. The City Council sent the letter to the Public Safety Committee for review. Their next meeting was June 16, 1980. On that weekend the grading and fill was done. June 16, 1980 = the City Council questioned the Mayor about what was going on and whether or not a fill permit or grading permit had been issued. Also, the Public Safety Committee had not been able to review this due to lack of material. There was quite a bit of verbiage. The Mayor defended the action of Pacific Townhouse Builders and he stated that Al Pieper had complete control of permits. If there was no permit there, there would be a stop work order. June 23, 1980 - the City Council had a letter from the Mayor requesting extension of Ordinance No. 1071. This was the first time that the City Council had seen the letter of June 3, 1980 from Pacific Townhouse Builders, with the writing by Al Pieper at the bottom approving the site for storage of excess fill without a permit. At the same time during that week Pacific Townhouse was before the Council asking for relocation of the firelane. The Council questioned that Townhouse was taking advantage of the situation. The Council feels the Building Official erred in allowing this work to be done. There should have been a grading and fill permit and at the same time they were asking, through normal procedures, for relocation of the firelane. The Council feels there has been a violation of the intent by Townhouse Builders and also on the part of the City. Don Dally, Townhouse Builders,said they became aware of the problem of the firelane as time passed. He met with Kjell Stoknes, then Director of Community Development, and there was a consensus that the firelane should not be where it was originally planned. They agreed it was practical to put the firelane on the north boundary line side. He said in his mind he assumed there would be no problems getting that done. When they got to the problem of having the excess fill on Phase I it was logical to store it on Phase II where they were going to need it. There was a meeting of Mayor Todd, Phil Fraser (City Engineer), Ted Uomoto (Director of Public Works), and a Townhouse Builder ex- partner and Mr. Daily. They asked for a fill permit. The conclusion was that he meet with Al Pieper, Building Official, and he would process the necessary permits. It was decided a fill permit would not be required because it was fill being moved from one piece of property to another. David Halinen, Townhouse Builders, said he was guessing that because there was a valid building permit on Phase I that it was felt it would not be necessary to need a fill permit to move the fill to the Phase II location. Councilman Van Dusen said during the first phase all of the contacts with the City were made through Kjell Stoknes, who is no longer with the City. Why was the Planning Department excluded from the meeting when it was discussed with Mayor Todd and the Public Works people? Mr. Dally said he asked for a meeting with the Mayor and it was set up. It was held on May 28, 1980. The conclusions were that they could store fill on Phase II. They had a permit on Phase I and they were not going off their own site. The fill material will be needed for the firelane. Councilman Van Dusen said the City has had some previous problems with developers. Some of the developments have been good and some have been bad. The developers do not always build the way they present their material. The Council had a lot of opposition to the project going in up on the hill. They felt by putting in the residences of Phase II there might be a good development. When the swath was cut and the fill moved everyone started stamping their feet again. He advised Mr. Dally that from now on the City Coordinator on the project will be Mark Caughey, Acting Planning Director, and that is the person Townhouse Builders should contact with respect to their development. David Halinen presented four exhibits on possible locations of the firelane: implied by the provisions of this ordinance. "Section 6: If, subsequent to the adoption of these amendments, the developer in constructing any phase of Development substantially or materially violates any of the conditions specified and adopted in this Ordinance, the City may recover damages for such a violation according to the following procedures: (a) Written notice of the breach or violation of the con- dition shall be given to the developer. Such notice shall specify the con- dition violated and the action necessary to cure such violation. The developer shall have ninety (90) days from the receipt of such notice to cure or remedy the violation in the manner prescribed. Ib) If the developer fails to cure or remedy the violation in the manner specified, the City shall be entitled to five thousand dollars 05,000.00) as liquidated damages for each material or sub- stantial breach or violation up to a maximum total of fifty thousand dollars ($50,000.00). Any amount collected by the City pursuant to this Section shall be applied, as soon as reasonably possible, in complet- ing the cure or remedy as specified by the City in its notice. Any amount remaining after completion of such action, less the expenses incurred by the City, shall be returned to the developer. (c) Upon receipt of the Notice of Violation the developer may, within ten (10) days of receipt of said notice, submit to arbitration the question of whether it has, either through its action or through its inaction, caused a material breach to accur. This question shall be re- solved in accordance with the then existing rules of the American Ar- bitration Association and judgment upon any award rendered may be enter- ed in any court of competent jurisdiction. Such award may include the costs and expenses, including by not limited to attorneys' fees, incurred by the prevailing party in obtaining the award." Section 4: No other modification of Ordinance 1071 is expressed or PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of 1980. Approved as to Form: City Attorney ATTEST: Mayor City Clerk Towntuse Builders Meeting October 15, 1980 C .:. age 2 Exhibit 1: Blueprints showed the original location of the firelane. It makes the cul -de -sac sharp, the grade is 16 -17% range. There would be a 14 foot cut. They would not be able to attain the elevation needed to meet the connection. It would create a necessity for a two "step rockery. It is a problem both visually and economically. Councilman Van Dusen said the people would like to have that area left wooded. He agreed this did not look like the solution. Exhibit 2: This is the firelane as proposed at the first work session with the Council. Firelane is on the north side, grade is 15% beginning at the intersection of 151st and 62nd South. There is a shorter vertical curve. This would have 8 to 9 feet of berm on the side next to the Sipes. The grade at the top still could not be met. Exhibit 3: This is the same alinement, but it is more extended. The grade is 20;x. The berm can be minimized about 2 feet on the Sipe's side. Mr. Dally said there are trees on the north side. They have slid the firelane over about 5 feet so none of the trees will be destroyed. He said they would be happy to give the two lots by the firelane to the City for a park. Councilman Van Dusen said the City does not need any more park property. The original plans showed 10 residencese, now we have come down to 6. Mr. Dally said he would not be building the houses, the lots will be sold off to bidders. Exhibit 4: Mr. Halinen said after the Council meeting two weeks ago when the 15% grade for the firelane was discussed Exhibit 4 was made. The road is longer and has switchbacks with 15% grade. There are a number of problems with the design. It seems that the turns will be so hard and there will be more problems for the Fire Department than with Exhibit 3 with the 20% grade. Fire Marshal Hoel said the Chief would not approve anything over 15 %. The fire trucks would be going up the hill at 5 - 10 mph and there would be problems during snow and ice even with the 15% grade. Mr. Halinen said he would be concerned about coming back down the hill with the switchbacks. One difficulty is that additional clearing has to be done to build this firelane. Mark Caughey said the north firelane is the most practical. Mr. Halinen said on Exhibit 3 with the 20% grade there is a good sized curve and a 160 foot run at it before you reach the 20% grade. He thought a meeting with the Fire Chief would be wise. Mr. Dally said with just four lots there would be more open space and less clearing would have to be done. Mark Caughey said the 6 lots would create a better neighborhood feeling. Councilman Van Dusen said he would recommend the four lots and then go to the short plat committee. The City Council should go out and look at the site. They were out there before but they were concentrating on the cut. Mr. Dally said they would be happy to propose to the City that they turn all of that property over to the City as a park. Councilman Van Dusen said with respect to Ordinance No. 1071 they can (1) leave it as it is, (2) rewrite it entirely, or (3) revise it. It appears the revision is the most practical. Section 6 that has been proposed by the City Attorney presents problems with fines, etc. Mr. Dally said they are in agreement with the proposed Section 6. Once the Council sees Phase I finished he thought they would like it. The meeting was adjourned at 3:10 p.m. Norm Recording Secretary / . Councilman. Gary an Tiisen.. TUKWILA CITY COUNCIL COMMI TEE OF THE WHOLE MEETING October 13, 1980 Page 8 DISCUSSION - Contd. RECESS 9:30 - 9:40 P.M. Sunwood (Park Place) Development & prop. Ord. amending Sections 2(c) & (g) on Ord. #1071. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE COMMITTEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. The meeting was called back to order by Council President Saul with Council Members present as previously listed. Larry Hard, City Attorney, said the new proposed Section 6 to Ordinance No. 1071 is intended to assure the Council there will be no breach of agreement. It is designed to give the City some rights in case of violation of any of the conditions speci- fied in the ordinance. If the City feels there is something that has been done wrong they give written notice of the condition to the developer. The developer shall have 90 days from the receipt of notice to remedy the violation in the manner prescribed, otherwise there will be a damage fine to complete the violation. It is a.lever the City would have. Councilman Bohrer said on September 22 he asked if there was a form for grading and fill permits. The reply was that there is a standard building form that is used for grading /fill permits. Applications are reviewed by the Public Works, Planning, and Building Departments. No formal permit was issued and it was not reviewed by any other staff member. There is just a note at the bottom of the letter stating the site is approved for storage of excess fill, without permit. George Grassovich, attorney for Townhouse Builders, said it was not known that a fill permit was required. He said there are several areas of concern, they are prepared to discuss the areas and solve the problems. Councilman Bohrer said the Council saw the letter at the time it was presented to the Building Official. It came to the City Council for approval. It was sent to the Public Safety Committee and before they could discuss it, Townhouse Builders were given approval. There was a second letter on June 3 requesting the fill permit, on June 4 a formal request was made to the Council to relocate the firelane. On June 9 the Council considered the request and referred it to the Public Safety Committee for action. Mayor Todd said he thought the record should show the lines of authority. The request was for a permit to store material. He said he did not know about that at the time. Don Dally, 1370 Stewart Street, Seattle, said he had attempted to prepare an outline for information to reconstruct the status of the development particularly the relocation of the firelane. The sequence of events were: In August 1978 Park Place rezone was approved; October 1978 lot plat site filed; December 1978 and January 1979 the preliminary plat was approved; February 1979 six lot plat approved by Council; March 1979 Pacific Town- house Builders decided to hold development until more information was received on the lot conditions, etc; August 1979 showed there were several problems with development as shown to the Council because (1) topographical conditions and soil problems; (2) lot conditions would make cuts; (3) firelane location would make lots 2 and 3 very difficult to sell; (4) cul -de -sac road would require considerable fill to keep the firelane at 15 - 20% slope; street development would cost more. In November 1979 it was decided if the firelane could be moved to the north it would be desirable. In December 1979 Kjell Stoknes, then Director of Community Development,felt the firelane should be moved. He said the relocation of the firelane did not change anything in the requirements. December 1979 to April 1980, study and explore ways of solving problems associated with the plat and look for alternatives. The consensus of opinion was that the City would accept two lots as an open space for City for a park. In May 1980 during construction of Phase I Pacific Townhouse Builders had approximately 10,000 cubic yards of excess soil which would be needed for fill on the firelane of the single family development. They had to store this excess soil somewhere TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 13, 1980 ' Page 7 DISCUSSION - Contd. Final Assessment Roll for LID #29 & prop. Ord. approving & confirming the assessment & assessment roll of LID #29 - contd. RECESS 8:45 P.M. - 8:55 P.M. made, with that one exception. What the contractor bid on wa reflected in the assessment roll of $417,900. The changes tat were made between then and now were not reflected on those pans. They came up during construction. i Cd'ncilman Bohrer said when the City let the contract ford this LID the estimated cost was $417,900. We finally got a set of plan that Mr. Anderson and the City agreed on, after w did that got the bid the estimate on the contract was ►iat?. Mr. Andyrson said the amount of the LID at that time ould have been higher than the assessment roll. The first col mn indicates the estimates that were used to arrive at the assessment roll of $417,900. The estimate construction cost was $2�pO,00. MOVED BY BORER, SECONDED BY HILL, THAT THE COMMIfEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION C/ RIED. The Meeting was' called back to order by Council /President Saul with Council Me ers present as previously lis ed. Mr. Anderson sal ..the preliminary estimate of construction cost was $280,730, at the time the bids were open d and the contract was let, assuming %o contingency, no nothing else, the construction costs were known to be $322,291. At that time the known total cost of the project $487,091, so it was' not possible that the project without any change orders could befdone for less than $487,000. The difference between that cglumn and the next one are the cost increases \that occurred during the time of construc- tion. Without regard to whom errored 4 was known at the time of the contract that the \assessment ro) was going to be exceeded. It was not possible to build that project for $417,000. t Councilman Bohrer asked what constit /tes the preliminary estimate and how is that arrived at ?' Mr. Anderson said that is done .before the design is complete because at the time the City is risking funds so the cost is done by estimated cost because you do At have a set of plans. It would cost about $30,000 to have a of plan. Councilman Bohrer said it is/something like you want a house built having 2,000 quare feat and the contractor says he can build it for an approximat `sum, bu &after the blueprints are made up and all of the th'4ngs you want are put in, the contractor says it will cost more. Mr. Anderson said that as a good analogy. Ms. Scharf said she fought the percentage increase was out of line. The LID shou d have gone up for anot er vote. Councilman Van Dus n said in going through t e minutes of the preliminary heari/ gs, the Council rejected sane bid contracts for the LID and ent out to bid again. Costs \Were escalating. Councilman Bohyer asked the date of the preliminary estimate. Mr. Anderson said it was November 28, 1979, the final costs were $582,01( minus the $50,000 paid by the City ,hich left a total of $534,950. MOVED BY BIHRER, SECONDED BY PHELPS, THAT THE PROPO D ORDINANCE AS ORIGIN ILLY DRAWN UP BE ON THE AGENDA OF THE OCTOB �R 20, 1980 REGULAR COUNCIL MEETING. * Counci man Van Dusen asked if the Council wanted to take action on th Mayor's letter and his suggestion that the Cato p perty be eliminated as not benefitting from the LID. La�r�ry Hard, City Attorney said the City could pay the diff rence tf they eliminated the Cato property and then if the zoning were hanged from single family a new owner would have to be assessed /for the LID by a late comer's agreement. *MOTION CARRIED. r .. TUKWILA CITY COUNCIL COMMITT October 13, 1980 Page 9 DISCUSSION - Contd. Sunwood (Park Place) Development & prop. Ord. amending Sections 2(c) & (g) on Ord. #1071. - contd. OF THE WHOLE MEETING for use later. On May 28, 1980 met with City officials (Mayor Todd, Ted Uomoto, Phil Fraser, and ex- partner) in Mayor's office to discuss the problem. They agreed they should be able to store the sod. One June 2, 1980 he discussed this with Al Pieper and he said he wanted a letter outlining what they wanted to do. On June 3, 1980 the letter was written and Al Pieper gave approval after Mark Caughey, Acting Planning Director, had looked at the letter and agreed. June 10, 1980 Pacific Townhouse Builders started dumping fill dirt. No one supervised this operation and as a result the area at the top of the firelane was made wider than indicated in the diagram that accompanied the letter. On June 24, 1980 Mayor Todd asked the builder to stop as City Council was concerned. They agreed and stopped. In July 1980 since the original preliminary plat had expired and they had not reached a settle- ment with the ex- partner they felt it necessary to replat the 6 lot plat with the firelane located at the north with the Planning Commission approval. On August 28, 1980 the Planning Commission approved the 6 lot plat and firelane relocation with the condition that the Fire Chief would approve the grade. Also, the Planning Commission approved the 12 month extension. He said they felt they had done everything they cooperate. They believe Sunwood will be a high ment that the City will be proud of. They have the firelane.relocation and it is hoped that we out with the City staff. could to quality develop - a problem with can work this David Hanelin, engineering architect, showed drawings of the Phase II development. He stated there are areas where the under- growth has been removed. There is a general green area space. There has been some removal of specimen trees, they have been counted and will be replaced when the landscaping is provided. He showed the area that had been used for dirt storage and the area where they had cleared beyond the proposal. Councilman Van Dusen asked when the firelane was proposed to be moved to the northern boundary was it suggested to be 15 %? Mr. Hanelin said it is a 20% grade. Fire Marshal Hoel said a pumper can go up a 20% grade, but not in bad weather. A 15% grade is what is used in most municipalities. Mr. Dally said they would like to show some of the things they propose to do and how the developments will look after the landscaping is done. The landscaping has been approved by the Planning Commission. Dick Gilroy, Townhouse Builders, showed slides of other developments they have built. Councilman Bohrer said he had asked for grading plans for the new firelane. The statement was made in the review and discussion of events that the Planning Department was contacted regarding the fill movement. Mark Caughey, Planning Department Acting Director, has said he did not know about them. There are references made to statements of employees who are no longer here. Approvals are still required, and that approval was not granted. If it had been most of the problems would have been resolved. The Council wants to know who in the City is respon- sible for this. How did the City determine to handle this particular project? Most of the approvals have come through the Planning Department, whereas the approval for the fill permit came from the Building Department. This problem is apt to rise again. The time has expired on Ordinance 1071 and unless it is amended a complete review is necessary. He said he would like to know that we have the kind of a process that will lead the City to the kind of a development that we want. The original motion was passed in some haste and there were a number of loose ends. He said he would like to see the City and the developers get on a common ground. TUKWILA CITY COUNCIL COM TTTEE OF THE WHOLE MEETING October 13, 1980 Page 10 DISCUSSION - Contd. Sunwood (Park Place) Development & prop. Ord. amending Sections 2(c) & (g) on Ord. 1071 - contd. OTHER Sister City Mr. Grassovich, attorney, said they would like that, too. There are three areas: (1) growth protection; (2) location of the firelane, grading, etc.; (3) single family plat, they are willing to dedicate some area as open space. In order to accomplish this it is necessary to have an extension of Ordinance 1071; preliminary plat approval for the single family lots; be able to obtain building permits for Phase II. This is necessary for the financing of the project. Councilman Van Dusen said there are several problem areas. He suggested an ad hoc committee be formed to review the sequence of events and try to work out the problems with the developer before the next Council Meeting. Mr. Grassovich, attorney, said the rainy season is approaching with reference to the single family housing. Mr. Hanilen said he liked the idea of the ad hoc committee and he would be able to meet with Council during the week. Council President Saul appointed Councilman Hill and Van Dusen to be on the committee. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT ITEMS 8, 10, 11, 13 AND 14 BE ON THE AGENDA OF THE OCTOBER 20, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY VAN DUSEN, THAT ITEMS 7, 9, and 12 BE ON THE AGENDA OF THE OCTOBER 27, 1980 COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. Councilman Phelps said she had the names of the people wh ill be visiting Tukwila from the Sister City of Ikaaw She sai had a memorandum outlining some of the c s involved. A formal ion is required approving these e4}ditures out of the budge MOVED BY PHELPS, SECONDS +BY HILL, AT COUNCIL CONCUR WITH THE MEMORANDUM OUTLIN 1 E COSTS FOR THE SISTER CITY VISIT. MOTION CARRIED. Mayor Todd sallbww should have a resolu increasing4{etro rates. Metro rates ADJOURNMENT — MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE TUKWI't CITY 11:55 P.M. ..• COUNCIL COMMITTEE OF THE WHOLE MEETING ADJOURN. MOTION RIED. Daniel J. Saul, City Council President Norma Booher, Recording Secretary of intent City of Tukwila Fire Department Frank Todd Mayor Hubert H. Crawley Fire Chief Pacific Townhouse Builders 15433 62nd. Avenue South Tukwila, Washington 98188 Re: (Sunwood Condominiums) Gentlemen: October 2, 1980 With reference to your submittal. of September 25, 1980 for the fire -lane in Tract "B" of,your complex: 1. Maximum acceptable grade shall be 15%. Maximum approach angle (from the street) shall be 10 degrees. 2 . Turning radius shall be not less than•35 feet. (Inside radius) We will be glad to . approve a set of upgraded drawings . showing the above items. City of Tukwila Yours very truly HHC :vma Hubert H Crawley cc:TFD file Fire Chief Fire Department, 444 Andover Park East, Tukwila, Washington 98188 (206) 575 -4404 20 June 1979 Mr. Don Dally Pacific Townhouse Builders 1370 Stewart Street Suite 105 Seattle, WA 98109 RE: TREE COUNT ON PARKE PLACE DEVELOPMENT SITE (TUKWILA) Dear Don: Sin rely Pursuant to your verbal request, I have investigated my field notes to ascertain the amount of major trees to be removed from the abovementioned site. These notes are from insepctions made on June 11 - 13 for Buildings 1 - 10, including the recreational facilities. According to my notes, the following trees were authorized to be removed: Number Douglas fir (4" in diameter or greater) - 38 Broadleaf maple (8" in diameter or greater) - 100 Pacific dogwood - 7 TOTAL - 145 As you know, these trees must be replanted on a one - for -one basis in the . final landscape plan. Please let me know what your plans are for submitting landscape drawings. They must be approved prior to occupancy of any struc- tures. I would like to express my appreciation for your cooperation in the tree inspection process. What might have been an antagonistic showdown was instead a very valuable and educational experience for me. I hope it was the same for you. F e rstrom P anning Supervisor FNS /ckh cc: File Cit if Tukwila v Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development ; .. • Dear Al: Pacific: Townhouse Builders Seattle office: Mariner Building, 1370 Stewart Street, Suite 105, Seattle, WA 98109 (206) 682 -7830 Bellevue office: 1115 108th Avenue NE, Bellevue, WA 98004 (206) 455 -1726 • Mr.Al Pieper, Building Superintendent City of Tukwila • • 6200 South Center Boulevard Tukwila, Washington 98188 RE:'. Sunwood Condominiums As I discussed with the Mayor and later with you, Pacific Townhouse Builders would like to obtain a fill permit for an area along the north baundary•of the single family zoned property with the total Sunwood Development. (See Exhibit "A ", attached). This fill permit is to be utilized to fill an area which will serve as the emergency fire lane for Phase II of Sunwood as required by Rezone Ordinance 1071. Even though the original site plan shows the fire lane between Lots 2 and 3 on the preliminary plat, we had to request the fire lane to be moved to the north bound- ary because .of the excessive grade and the cuts and fills that would be required. • In a meeting with Kjell Stokeness on December 6, 1979, he approved moving the fire lane as long as a fifteen foot landscape buffer strip was incorporated between the fire lane and the adjoining property line to the north. The reason for filling the fire lane area now is because we have excess soil on Phase I and instead of exporting it off site and then importing soil to fill the fire lane area when Phase II construction starts, it makes economic sense to commence fill operations at this time. It should be.noted that all transporting of fill will be on our property and that the property be filled belongs to us in fee ownership. Approximate fill amount will be in.theten thousand cubic yard range, which will bring the elevation " of that area marked as. Lot 1, up to the elevation of 62nd Street and to the same proposed elevation of 61st Avenue (cul -de -sac street) if the plat is ever built. June 3, 1980 Sincerely, , PACIFIC TOWNHOUSE BUILDERS • PR ^r05.5:9 San' SEWER (TYP) '") Q---.� _ ra' o---ss — L -- (6 AV-E_) --*- - - -' w I _ / - 6 5 cA CD -- ' X1, • • i -- -- - - - — - i5o -- -- - _ � I_ - A „ -- / '�` - /SS - -- (T0, 'E DEEDED /a0 -___ �`' � ,( / • r v ' wI u rr ac- / .7 T l/Kw / J / J � ‘ \ - f fX /SI /NC POND - 1 I j l 95'' *-----__--- / / 292 �Z�'40 "E / 41$.00 / / i NOTE: TRACT "8° TO 8E DEDICATED CONDOMINIUM ASSOC /AT /ON. r 75 = R -/ -96 TUKWILA CITY COUNCIL COMMJTTEE OF THE WHOLE MEETING September 22, 1980 Page 2 DISCUSSION - Contd. Prop. Ord. granting to WNG the right & franchise to use & occupy the steets, avenues, roads, alleys, lanes, parks & other public places & ways for constructing, main- taining, renewing, repairing and /or operating a gas works and /or dis- trict system - contd. Prop. Ord. amending Sec. 2(c) and 2(g) of Ord. #1071. constantly improving their facilities. Councilman Phelps said if the City has streets open it would be nice to have Washington Natural Gas inspect the lines so they won't have to come back and tear up the streets later in order to replace. Councilman Van Dusen said he thought Section 6 should have that requirement in it. Mr. Hard said he thought Mr. Hogan would be agreeable to that change. *MOTION FAILED, THREE TO THREE. Larry Hard, City Attorney, said Section 6 would then read: "In the event the City desires to install any utilities in the City's' streets, avenues, roads, alleys, lanes, parks and other public places and ways within the City, or to make any improvement of said right -of -ways, including, but not limited to the change of grade, the grantee, upon 45 days prior written notice from the City, shall raise, lower, or relocate its facilities as necessary to conform to such public improvement and the entire cost of raising, lowering, or relocating said facilities shall be borne by the grantee and said raising, lowering or relocating shall comply with the City's specifications therefor. MOVED BY PHELPS, SECONDED BY JOHANSON, THAT THE TERM OF THE FRANCHISE BE 25 YEARS. MOTION CARRIED, WITH HARRIS VOTING NO. MOVED BY JOHANSON, SECONDED BY VAN DUSEN, THAT THE PROPOSED ORDINANCE BE ON THE OCTOBER 6, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Council President Saul said he felt there had been an abuse of Ordinance No. 1071 by the developers. He said he disliked the way the trees had been removed without permission, and several other things that had been done. Richard Wilson, attorney for Townhouse Developers, said this development has been controversial. It has not been an easy project. He said he felt their proposed project is reasonable. He said a tree is removed only after the approval of the City Official. Any trees that are removed will be replaced. Mr,, Wilson said if the 4 lot plat could be okayed by the Council the developer can commit a larger part of the site to the no -cut zone and much'more marketable house sites could be produced because of the slopes on the area, which otherwise will require very steep driveways and sites which probably won't be very economi- cally marketable to builders. If the City is interested in seeing houses go in on that site, high quality houses, they would recommenc the 4 lot plat. Otherwise, the cost will go mainly into development of the site itself. That leaves less cost margin to go into pro- duction of the house itself. The houses can also be placed farther back in the trees and ultimately produce a development that would look better. That is the first request. Secondly, the other condition that they would request is that on the timing of the recording of the plat that it be changed from recording prior . to issuance of building permits on Phase II to occupancy permits on Phase II. He said they believed this to be a reasonable request primarily due to weather and financing. They are working the drawings on the Phase Il condominium portion of the development project. The developers wish to get as much of that work done before the wet season as possible. If this condition is allowed to stand they cannot get building permits, they cannot begin that very important work that needs to be done before the wet season starts. They lose a large part of a year, and they are only talking about a 12 month extension before the Council. ' September 22, 1980 TUKWILA CITY COUNCIL 7:00 P.M. ;OMMITTEE OF THE WHOLE MEETING MINUTES CALL TO ORDER Council President Saul called the Tukwila City Council Committee of the Whole Meeting to order. ROLL CALL OF COUNCIL MABEL J. HARRIS, J. REID JOHANSON, DORIS E. PHELPS, Council MEMBERS President DANIEL J. SAUL, GARY L. VAN DUSEN. APPROVAL OF MINUTES PUBLIC HEARING 7:04 - 7:15 P.M. Community Development Plan, 1981 - 1983 Prop. Ord. granting to WNG the right & franchise to use & occupy the streets, avenues, roads, alleys, lanes, parks & other public places & ways for constructing, main- taining, renewing, repairing and /or operating a gas works and /or dis- trict system. City Hall Council Chambers MOVED BY JOHANSON, SECONDED BY HARRIS,THAT THE MINUTES OF THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING HELD SEPTEMBER 8, 1980 BE APPROVED AS PUBLISHED. Council President Saul declared the Public Hearing open at 7:04 p.m. John McFarland, Administrative Assistant, introduced the subject stating the Community Affairs Committee had reviewed the Plan and their comments will be included. Jacob Macias, Grants Coordinator, said the 1981 -83 Community Plan is basically a revision with some deletions and one major addition of the 1978 -80 Community Development Plan. The Community section will essentially remain the same except for new verbiage and data. With respect to the Community Needs section, housing conditions data, reflecting the 1970 census data will remain with the addition of new, current data depicting the present housing situation. Population charactistics showing the 1970 census data will remain the same with addition of current popu- lation data. The target area of the Environmental section will remain the same, with inclusion of the west bank of the Green River. There will be a new paragraph written on citizen parti- cipation. The Community Development strategy will remain basically the same. Included in this section will be a new section stating community needs along with funding strategies and our priorities. Councilman Van Dusen stated we will then continue basically with the old plan, but we are asking for citizen input that will be included in the new plan. There being no further comments, Council President Saul declared the Public Hearing closed at 7:15 p.m. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT STAFF BE AUTHORIZED TO CONTINUE DEVELOPMENT ON THE COMMUNTIY DEVELOPMENT PLAN, 1981 -83. * Mayor Todd said staff had wanted to know whether or not the City Council approved the plan. If they approve it, it will be completed and submitted to the County as required. *MOTION CARRIED. Councilman Bohrer arrived at the meeting at 7:16 p.m. Larry Hard, City Attorney, stated Mr. Spurling from Washington Natural Gas had been present at the previous Committee of the Whole meeting and had made a presentation. Mr. Hard said he had met with representatives from Washington Natural Gas and a new ordinance has been drafted. A copy has been sent to Mr. Hogan, attorney for Washington Natural Gas, and he made some changes in Section 6. It is merely a deletion and substitution of certain words. Section 11, Term of Years, will have to be determined by the Council. MOVED BY VAN DUSEN, SECONDED BY BOHRER, THAT THE TERM OF THE FRANCHISE BE FOR A TERM OF TEN YEARS. * Mr. Spurling, Washington Natural Gas, said the basic reason they. like a long term franchise is because of the nature of the investment It, takes 20 years to realize a full return on the investment. He said they have been here for 50 years and hay= operated without any. problems.. Their .basic problem is financ? 1: He said they 'are-- TUKWILA CITY COUNCIL COMMJJTEE OF THE WHOLE MEETING September 22, 1980 Page 3 DISCUSSION - Contd. Prop. Ord. amending In the development industry in order to obtain financing for pro - Sec. 2(c) and 2(g) duction of a project a lender will require you to have building of Ord. #1071 - contd. permits in hand for you to show him you have approval to begin construction. If the building permit condition is allowed to stand the developer would not have that, the financing will be imperiled; there is even a possibility that the remainder of the project would not be built. That would be to nobody's advantage. The site is much more likely to remain exactly as it looks today, which no one wants. The replanning program cannot necessarily go forward, the development of the single family portion cannot go forward and it is reasonable to make occupancy permits on Phase II the criterian for the time by which a plat has to be file rather than the building permit state. He said they were not asking the City to write the developers a blank check by any means they were not asking the City to forego detailed supervision of the remainder of the project. He said they realized there has been some conflict about the way the project has gone forward and in every instance the developer has only acted after they have believed they had official City approval for every act they have done. Evidently there are disagreements about whether or not the approvals should have been given. There has been no attempt at an end run around City requirements. Mr. Wilson introduced Dave Halinen, architect for Triad Associates civil engineers for the developers, who showed the Council the drawings of the 4 lot plat as• opposed to the 6 lot plat. He mounted exhibits on the wall. He stated the developer had hit a lot of hard rock. The 4 lot plat would give the developer greater f l e x i b i l i t y . Councilman Bohrer stated the developer originally presented a 6 lo plat plan. Mr. Halinen stated the zoning is R -1 and 10 lots were in the original proposal; it was revised to 7 lots and then revised to 6 lots. They have now come to the 4 lot proposal. Mr. Wilson said there has been some dissension among the owners of the property. It was the developer's decision that the 6 plat lot was not desirable. Mr. Sudderth is out of the development at this time. Councilman Bohrer said one of the major differences in the 4 lot plat and the 6 lot plat is that the 4 lot plat has more area taken up with roads. There is a lot more asphalt. Mr. Halinen said by moving the firelane it w i l l make a big improve ment in their buildings and require less clearing. Councilman Bohrer asked which firelane is longer, the original firelane or the one that is proposed at this Mr. Halinen said the original one by grade is steeper and the developer would have to do heavy cuts. Fire Chief Crawley said the Fire Department would not approve a firelane with a grade over 15 %. Mr. Wilson said there are some trade -offs that could be made with fill and berm along the north side of the property. Council President Saul asked how the now - proposed firelane got there and who approved the 150 foot cut that was made? Mr. Wilson said permission was given by the City of Tukwila Building Department. Councilman Bohrer said he has seen nothing that indicates approva' was given to grade and clear that area. If written approval exis' he has not seen it. Council President Saul said they were given a permit to store soil.. Mr..Wilson said the developer 'believe. he had permission for what he was doing. Council President Saul said to put it all back and that will solve the problem. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING September 22, 1980 Page 4 DISCUSSION - Contd. Prop. Ord. amending Mr. Halinen said at the time the preliminary plat was approved the Sec. 2(c) and 2(g) original firelane was shown with 15 to 20% grade. In the final of Ord. #1071 - contd. design stage the developer realized they were looking at very large cuts and that is the reason it was moved. RECESS 8:50 - 9:05 P.M. Councilman Harris said it seems the location of the firelane is the biggest objection. If the fire lane could be put in there then the houses could be built around it. Mr. Halinen said there would have to be a lot more clearing done and a lot of rock will be encountered. Mr. Wilson said the 4 plat has not been before the Planning Commission, they recommended the.6 plat. Councilman Phelps said she would like to see more single family homes added, but it appears that the layout of 4 lots is more attractive than the 6 lots. Councilman Harris said she did not like the roadways on the proposed layout. In order to plat it the developer should designate the roadway and utilities. She preferred one cul -de -sac with driveways off from it. Councilman Van Dusen said this was originally proposed as an R -1 development of 10 houses. It was his understanding that some fill would take place. All of a sudden the developer has come up with a change from 10 to 4 houses. At the time the original development was approved the Council asked a lot of questions. The Council was reluctant to allow this proposal to go through because they were afraid of higher zoning coming over the crest of the hill. These single family homes were the consideration that caused the Council to let development over the crest of the hill. The Council was sensitive to the development aspects. The City needs single family homes for various reasons and he said he was against reducing from 6 to 4. Councilman Van Dusen said the concern on the firelane is that it needs to be 15% and to accomplish that with one of these proposals there would have to be fill and berm on the north end of the property. Councilman Bohrer said he shared the summary that Councilman Van Dusen had made. The firelane must be 15% and the Council does not have such a solution before them. The Council is being asked to approve a 4 lot solution that has never been to the Planning Commission. Mr. Wilson said the developer is willing to work out a 15% firelane. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. The Tukwila City Council Committee of the Whole Meeting was called back to order by Council President Saul, with Council Members present as previously listed. MOVED BY BOHRER, SECONDED BY PHELPS, THAT ORDINANCE NO. 1071 BE AMENDED AND IT BE ON THE AGENDA OF THE REGULAR COUNCIL MEETING OF OCTOBER 6, 1980 WITH TWO CHANGES: (1) THE WORDING OF SECTION 1 SHALL SAY, "FINAL PLAT FOR THE ENTIRE 6 LOT R -1 DISTRICT OF THE PROJECT SITE SHALL BE RECORDED PRIOR TO RELEASE OF PHASE II BUILDIN! PERMITS," AND IN SECTION 2 THAT EVERYTHING AFTER THE WORD "RESIDENTIAL" WHICH BEGINS THE FIFTH LINE, BE STRICKEN. * MOVED BY PHELPS, SECONDED BY VAN DUSEN, TO AMEND THE MOTION 50 SECTION 1 READS: '•'A FINAL PLAT FOR THE ENTIRE 6 LOT R -1 DISTRICT OF THE PROJECT SITE SHALL BE RECORDED PRIOR TO RELEASE OF PHASE II,. STRIKE "BUILDING" INSERT "OCCUPANCY" PERMITS.' ** Councilman Harris said this .amendment would give the developer the full time .of the building. .,Councilman Johanson said he could see, TUKWILA CITY COUNCIL COMMITEE OF THE WHOLE MEETING September 22, 1980 Page 5 DISCUSSION - Contd. Prop. Ord. amending Sec. 2(c) and 2(g) of Ord. #1071 - contd. Prop. Res. granting approval, subj. to certain conditions of prel. plat of Sunwood Subdiv. Prop. Res. allowing Tecton Co. to con- struct firelane on City -owned right -of- way in portion of Grn. R. Shoreline Trail System. Design review of Christensen Greenbelt Park - Phase II 1981 Water & Sewer Rate Study: Budget Tsfr. to allow ade- quate funding in Prof. Services for costs incurred in the Water /Sewer Rate Study. no reason for the amendment. Councilman Phelps said she had listened to the developer's arguments for the time constraints and the other elements talked about and she thought it was a reasonable request. She said it is transferring the restriction on Phase I to the Phase II occupancy permit. * *MOTION FAILED, WITH PHELPS VOTING YES. *MOTION CARRIED. MOVED BY PHELPS, SECONDED BY BOHRER, THAT THE PROPOSED RESOLUTION BE REFERRED TO THE PLANNING COMMISSION. * Councilman Bohrer stated the east -west firelane cannot meet the Fire Department requirements. An adjustment on that issue will have to be made. Fire Chief Crawley said any fire lane with a grade that does not exceed 15% is acceptable to the Fire Department. *MOTION CARRIED. Don Williams, Parks and Recreation Supervisor, said the agreement document allows Tecton Company to construct a firelane on City owned right -of -way. This 20 foot wide parcel of land extends from the Bicentennial Park northward to the larger parcel of land also donated to the City. By allowing Tecton to construct the firelane we will save dollars in not having to prepare a gravel base for the 8' blacktop trail. The Tecton Company will be required to maintain City -owned land up to the edge of the trail. Larry Hard, City Attorney, said he had prepared and approved the agreement. MOVED BY PHELPS, SECONDED BY JOHANSON, THAT THE PROPOSED RESOLUTION ALLOWING THE TECTON COMPANY TO CONSTRUCT A FIRELANE ON CITY -OWNED RIGHT -OF -WAY IN A PORTION OF THE GREEN RIVER SHORELINE TRAIL SYSTEM BE ON THE AGENDA OF THE OCTOBER 6, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE DESIGN REVIEW OF CHRISTENSEN GREENBELT PARK (PHASE II) BE REFERRED TO THE PUBLIC WORKS COMMITTEE. * Don Williams, Parks and Recreation Supervisor, said the City hired Richard Carothers and Associates to provide the City with trail design and inspection services. Now that the easement question with Tecton Corporation has been solved they can complete the design of the new trail section. The plans should be ready for review by September 26. He said he would like to be able to advertise for bids beginning on October 10 and perhaps award the bid at a special meeting on October 27 or wait until November 3. Councilman Bohrer stated the approaching bad weather season might cause the bidders to charge more for the constructions. Mr. Williams said the City is not required to spend the money before the end of the year, we have until mid -1982. *MOTION CARRIED. Ted Uomoto, Director of Public Works, stated the proposal for the water and sewer utility rate study has been reviewed by the various City Departments. The consultant, Horton Dennis & Associates, has agreed to do the water and sewer rate study for $15,000. This will necessitate a budget transfer approval for additional funds of $2,739.24 to supplement the available" funds of $12,260.76 for the consultant services. MOVED BY PHELPS, SECONDED. BY.JOHANSON,•Th '. • MOTION TO ALLOW ADEQUATE FUNDING.IN PROF ,INCURRED.IN THE MATER/SEWER-RATE STUDY B,,. OCTOBER 6',' 1980 REGULAR COUNCIL MEETING. iE BUDGET TRANSFER • 1AL :SERVICES FOR COSTS!'` "'HE AGENDA OF THE , N O : 'CARRIED: TUKWILA CITY COUNCIL COMMIT'" OF THE WHOLE MEETING September 22, 1980 6 DISCUSSION - Contd. Janitorial Service Contract: a. Call for Bids. b. Approve extending janitorial serv. contract. Public Works Secretary Regrade. Tukwila Firefighters FICA Benefit. Bid for painting Fire Station #51. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT THE CITY ADVERTISE FOR BIDS ON SEPTEMBER 25, 1980, OPEN BIDS AT 10:00 A.M. ON OCTOBER 10, 1980 AND OBTAIN COUNCIL APPROVAL TO AWARD CONTRACT ON OCTOBER 13, 1980. MOTION CARRIED. John McFarland, Administrative Assistant, said an assessment of the regrade proposed by Mr. Uomoto, Public Works Director, for the position of Shop Secretary has been reviewed in light of Resolution No. 614 and Prior study formulas. The Accounting Clerk I position was selected as a reasonable benchmark position for the purposes of comparison. If it meets the approval of the Council, it is proposed that funding be granted for the final quarter of 1980 and further reflected in the 1981 budget. The person in the Shop Secretary's position has assumed the respon- sibilities outlined in the proposed position description, most notably in the area of work order control. Councilman Phelps said this regrade was originally proposed in February, but due to changes in the Public Works Department staff the matter has been delayed. The Finance and Personnel Committee recommends the regrade. The responsibilities of the job are the same as Accounting Clerk I. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE PUBLIC WORKS SECRETARY REGRADE BE ON THE AGENDA OF THE OCTOBER 6, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. John McFarland, Administrative Assistant, said the recent court award on the FICA benefits concerned members of the collective bargaining unit only and did not speak to the non-union uniformed members of the Fire Department, specifically the Chief, Assistant Chief and Fire Marshal. The employer contribution portion of the Social Security for these personnel, however, was discontinued when the firefighters withdrew from the program in 1977. It appears that a matter of non - equitable treatment exists with payment of Social Security equivalency for the members of the bargaining unit and no commensurate benefit afforded to the non -union uniformed members of the Department. He said Mayor Todd has recommended that the City Council extend the provisions of the court award and correct the inequity that currently exists. Councilman Phelps said this matter was discussed in the Finance and Personnel Committee meetings. The committee recommends that the three non -union uniformed members of the Fire Department be included in the payments of Social Security equivalency. Mr. McFarland said the budgetary analysis will be presented with the transfer motion. He said the reason the non -union members of the Fire Department were excluded from the court award was because the Union sued the City for the FICA benefits, so they named only those who were members of the Union, which excluded the Fire Chief, Assistant Fire Chief and the Fire Marshal. There is no difference in the amount of money it will cost the City. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE COUNCIL FOLLOW THE RECOMMENDATION OF THE MAYOR AND EXTEND THE PROVISIONS OF THE COURT AWARD TO THE CHIEF, ASSISTANT CHIEF, AND FIRE MARSHAL. MOTION CARRIED, WITH BOHRER AND SAUL VOTING NO. Chief Crawley said the bid received for painting Fire Station #51 was $1,851 over the $5,000 estimate. He said they would like to request that funds be made available to cover the overage in that amount. One bid was received. Councilman Phelps asked Chief Crawley if he was satisfied with the -one bid? If he is not satisfied with the one bid he could get quotes. MOVED BY PHELPS, SECONDED BY VAN DUSEN, THAT THE BID PROPOSAL BE ON THE AGENDA OF THE OCTOBER 6, 1980 REGULAR COUNCIL MEETING. MOTION• CARRIED. of Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING There• a•• k©bin being first duly sworn on oath, deposes and says that .she.. is the ...CF • f...Ci 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 ....NQ t.i.Q e....Q as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period .43 day of • 1 V.P.C. Form No. 87 Rev. 7 -79 A u t ...Ala.',•US.t 19.80... ss. T.i.58 consecutive issues, commencing on the ,19 ...8.C.., 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 $ 1.8 Jillich has been paid in full at the rate of per folio of one hundred «4or s the first insertion and per folio of one hundred words for each subsequent insertion. Chief Clerk Subscribed and sworn to before me this I L}. day of Notary Public in and for the State of Washington, residing at Knot-, 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. AGENDA ITEM SECTION 2 . g. CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT • (78 -06 -R) - SUNWOOD DEVELOPMENT MODIFICATION OF CONDITIONS At the 14 July 1980 meeting of the Council, Pacific Townhouse Builders, deve- lopers of the Sunwood project, presented their request to modify certain conditions of their contract rezone Ordinance #1071. Your Council directed the applicants to follow public hearing procedures specified in Title 18 of the Municipal Code, and therefore, to present their case first to the Planning Commission for their recommendation. The Planning Commission held a Public Hearing on this matter on 28 August 1980 and recommended that the following amendments to the:existing verbage of Ordinance 1071 be approved: c. F133.. •apq}teati.en far Pi°e34f4nary •P3at •e€ the ent #re R -3 d4str4et shall be made ar4er te 4ssuanee e€ any bu41d4Rg permits €er stree- tures w4th4n the reHia4nder e€ the 1.2 aere s4te. A €4Ra: Plat e€ sa4d R- 1-d4str #et mast be greser3y reeerded gr{er te 4ssaaRee ef any eeeupaney perR4t fer any strueteres en the remaiRder ef the 42 acre s4te. c. A final plat for the entire R -1 district of the project site shall be recorded prior to release of Phase II building permits. . Rationale for Proposed Modification: Condominium units built under Phase I of the development are nearing completion and will be ready for occu- pancy around the end of October. Under the current wording of this condition, it is all but impossible to obtain occupancy clearance by that time, since the previous R -1 Preliminary Plat has expired. Thus, Pacific Townhouse Builders would have to obtain commission approval of a Preliminary Plat, design and bond all street and final plat all with- in a 60 day period. These steps cannot be accomplished within the time requirements of Title 17. The proposed commission recommendation would alleviate the immediate encumbrance against occupancy of Phase I, while preserving the City's expectation of eventual R -1 usage of the northeast corner of the site. In the event that construction of any proposed structure has not begun within 2436 months of the effective date of this reclassifi- cation then said reclassification shall revert to the present designations (R- 1- 12.O.and R -3) on that portion not platted for single - family residential; provided, however, the City Council Page 2 may grant a single,' 12 -month extension to the time period ex- pressed hereinabove. Rationale for Proposed Modification: At the 14 July 1980 Council Meeting mentioned above, City Council elected not to grant a one -year ex- tension of the expressed time period as provided in the existing wording without prior advice of the Planning Commission. The appli- cants suggest, and the commission agrees, that extending the time - performance standard to August, 1981 will satisfy their future -con- struction timing requirements. We recommend, therefore, that Council adopt the attached ordinance to;'.. amend certain existing portions of Ordinance 1071. MC/ j as 1 Page 2 d. Within the R -1 district, the layout of lots and alignment and width of street(s) shall be determined at the time of subdivision review, irrespective of the general layout depicted in the FEIS; provided, however; any street or roadway within the R -1 district shall not provide for vehicular movement from any multiple - family structure through the R -1 district. e. All mitigating measures identified by the Final EIS and as required by the Responsible Official shall be assigned to each phase of development. f. Planning Commission review of detailed site, elevation and land- scape plans, to include building and landscape materials, prior to issuance of respective building permit. The express purpose of such review is to ensure each phase or portion of development is in general conformance with the overall development plans in Planning Division File No. MF 78 -06 -R and that each phase or portion of development is complementary to the other phases or portions of development. g. In the event that construction of any proposed structure has not begun within 24 months of the effective date of this reclassification then said reclassification shall revert to the present designations (R -1 --12.0 and R -3) on that portion not platted for single - family residential; provided, however, the City Council may grant a single, 12 -month extension to the time period expressed hereinabove. h. All provisions, conditions and stipulations enumerated herein shall be recorded in the records of the King County Department of Records and all such provisions, conditions and stipulations shall be deemed to be attached to and run with the land and shall be binding upon all heirs, successors and assigns. i. Satisfactory preformance by the applicant of terms and conditions substan- tially similar to the concomitant zoning agreement, a copy of which is attached (as .Exhibit C) hereto and by reference incorporated herein. Section 3. The report of the Planning Commission is adopted by reference as though fully set forth herein. Section 4. The zoning map adopted by reference by Ordinance No. 251 is hereby amended to reflect the changes by the rezoning action taken in this ordinance. Section 5. The City Clerk is directed to record a copy of this ordinance, and attachments with the King County Department of Records and Elections. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this e/ day of A t.t q u s t , 1978. �l App oved as to•Form: 1 puty City Attorney ATTES Mayor Published: Record - Chronicle, August 20, 1978 4 ./Sate • 1908 SECTION 2 MC /jas (c) (g) City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development 3 September 1980 Pacific Townhouse Builders 1370 Stewart Street, Suite 100 Seattle, WA 98109 Attn: Don Dally SUBJECT: SUNWOOD CONDOMINIUMS -- (78 -06 -R) This letter confirms the action of the Tukwila Planning. Commission at its 28 August 1980 to recommend to the City Council modification of certain stipulations contained in contract rezone Ordinance #1071 as follow: A final plat for the entire R -1 District of the project site shall be recorded prior to release of Phase II building permits. In the event that construction of any proposed structure has not begun within 36 months of the effective date of this reclassification, then said reclassification shall revert to the present designations (R -1 -12.0 and R -3) on that por- tion not platted for single - family residential usage. City Council consideration of the commission's recommendation has been set for the Committee -of- the -Whole Meeting of 8 September 1890 at 7 :00 P.M., Tukwila City Hall. Please plan to have a representative present at the City Council meeting. TUKWILA PLANNING DEPT. Mark Caughey Acting Director Page 2 Planning Commission ting V) PUBLIC HEARING A) APPLICATION 78 -06 -R - (PACIFIC TOWNHOUS BUILDERS) - Requesting modification of certain conditions of contract rezoning contained in Ordinance 1071. Mark Caughey read the introduction and recommendation sections of the Staff Report, following a 10- minute pause to allow the audience to review copies of the report. Chairman Richards declared the Public Hearing open at 8:29 P.M. Donald Sipe, 14961 62nd Ave. So., an adjacent property owner, stated that he supported the initial rezone action, with the understanding that single - family useage will remain "locked -in" on the R -1 portion of the Sunwood project. He asked what guarantee exists that the proposed fire access lane won't be made a through- street at a future time? Don Dally, representing Pacific Townhouse Builders, described the proposed R -1 use - restriciton covenant which they intend to place on the single - family portion of Sunwood, and stated his intent to barricade the fire lane to all but emergency traffic. The Public Hearing was closed at 8:35 P.M. In response to Chairman Richards' question, Mr. Caughey summarized the reasons behind the requested rezone condition modification. Staff also noted that the proposed rewording of stipulations 2c and 2g of Ordinance 1071 as described in the Staff Report 1,s, intended to supercede in their intirety the existing verbage of those ordinance passages. Mr. Dally stated his agreement with the staff conditions. He explained that the previous preliminary plat approval expiration date had been overlooked inadvertently, and that the economic infeasibility of R -1 construction also contributed to their lack of follow- through of the platting requirement. Chairman Richards stated his recollection from the original hearings on this project that the City's intentions were strongly in favor of including single family lots within the total project concept. He asked Mr. Dally if that intention was made clear to him at that time, and if so, why do they propose to delete the R -1 portion in the favor of an open space covenant? Mr. Dally responded by stating his understanding is that the City wished to pre -empt multiple - family development in that sub -area of the project site. In response to Mr. Orrico's inquiry, Staff stated that completing the steps leading to the recordation of a final plat would require at least 90 days. This is a very optimistic estimate. MOVED BY MR. ORRICO, WITH MR. SOWINSKI'S SECOND, TO RECOMMEND TO THE CITY COUNCIL THAT ORDINANCE 1071 BE AMENDED AS FOLLOWS: SECTION 2 • (c) A FINAL PLAT FOR THE ENTIRE R -1 DISTRICT OF THE PROJECT SITE SHALL BE RECORDED PRIOR TO RELEASE OF PHASE II BUILDING PERMITS. Page 3 Planning Commission Me( ' (9) MOTION CARRIED 3 -0. IN THE EVENT THAT CONSTRUCTION OF ANY PROPOSED STRUCTURE HAS NOT BEGUN WITHIN 36 MONTHS OF THE EFFECTIVE DATE OF THIS RE- CLASSIFICATION, THEN SAID RECLASSIFICATION SHALL REVERT TO THE PRESENT DESIGNATIONS (R -1 -12.0 AND R -3) ON THAT PORTION NOT PLATTED FOR SINGLE- FAMILY RESIDENTIAL USAGE. B) APPLICATION 80 -31 -SUB - " SUNWOOD" PRELIMINARY PLAT - (Pacific Townhouse Builders) Requesting approval of a single - family home - site subdivision at the southwest quadrant of S. 151st St. and 62nd Avenue South. Following the reading of the Staff Report, the Public Hearing was opened at 9:18 P.M. Don Daily, Representing Pacific Townhouse Builders, took issue with some of the conditions proposed by Staff. He stated that Condition 2 dealing with drainage is not possible with the current design of the plat; most of the trees will have to be removed; Condition 6 regulating grade of the fire lane cannot be met. Dave Halinen, engineering consultant to the applicant, elaborated on some of the problems with the plat in terms of grading and drainage. The Publice Hearing was closed. MOVED BY MR. ORRICO, WITH MS. AVERY'S SECOND, TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF PRELIMINARY PLAT APPLICATION 80 -31 -SUB,. EXHIBIT "A ", WITH THE FOLLOWING STIPULATIONS: 1. A DETAILED SOILS REPORT OF THE AREA TO BE COVERED BY THE CUL -DE -SAC AND UTILITIES SHALL ACCOMPANY CONSTRUCTION PLANS OF SAID STREET AND UTILITIES. 2. NATURAL DRAINAGE SHALL NOT BE BLOCKED OR CHANGED IN COURSE AS A RESULT OF THE DEVELOPMENT. 3. THERE SHALL BE NO UNNECESSARY REMOVAL OF EXISTING TREES (CONIFERS 4 INCHES IN DIAMETER OR GREATER, DECIDUOUS TREES 8 INCHES OR GREATER MEASURED 2 FEET FROM GROUND LEVEL) DURING CONSTRUCITON OF REQUIRED IMPROVEMENTS, CONSISTENT WITH CUTS AND FILLS. 4. A DETAILED SURFACE WATER DRAINAGE PLAN SHALL BE SUBMITTED TO THE PUBLIC WORKS DEPARTMENT AND PLANNING DIVISION FOR APPROVAL. 5. PRIOR TO ISSUANCE OF BUILDING PERMITS FOR PHASE II CONSTRUCTION, COMPLETE FINAL PLAT SHALL BE RECORDED IN ACCORDANCE WITH TITLE 17 OF THE TUKWILA MUNICIPAL CODE. 6. MAXIMUM GRADE AND ALIGNMENT OF THE FIRE ACCESS CORRIDOR SHALL BE DETERMINED MUTUALLY BETWEEN THE APPLICANT AND TUKWILA FIRE DEPART- MENT, WITH CONSULTATION OF THE PLANNING DEPARTMENT. 7. PRIOR TO RELEASE OF BUILDING PERMITS FOR PHASE II OF THE SUNWOOD CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT AGENDA ITEM VA APPLICATION 78 -06 -R: PACIFIC TOWNHOUSE BUILDERS INTRODUCTION At the City Council Meeting of 14 July 1980, Pacific Townhouse Builders requested that the Council act to modify certain stipulations of the con- tract rezone for their multi - family housing development, as contained in Ordinance 1071. The Council directed the applicants to follow the procedures established in TMC Title 18 for change of zoning, requir- ing a formal hearing on the modified stipulations before the Planning Com- mission. DISCUSSION A) Proposed Modification -- Existing Wording L a • R -i -� J, til • I 4 .1 CPR x.l ' 1 of Ordinance 1071, Sec. 2 (c) 1 GM 1 GM r SITE "Full application for Preliminary Plat of the entire R - district shall be made prior to issuance of any building permits for struc- tures within the remainder of the 12 -acre site. A final Plat of said R -1 district must be properly recorded prior to issuance of any occupancy permit for any structures on the remainder of the 12 -acre site." -- Proposed Modification The applicants propose to eliminate this condition in favor of a private covenant which would restrict future use of the single- family portion of the total site to no other use than 6 single - family lots. M-1 Page 3 Section 2 C B) Proposed Modification of Ordinance 1071, Sec. 2(g) Existing Wording: "In the event that construction of any proposed structure has not begun within 24 months of the effective date of this reclassification, then said reclassification shall revert to the present designations (R -1 -12.0 and R -3) on that portion not platted for single- family residential; provided, however, the City Council may grant a single, 12 -month extension to the time period expressed herein - above." Proposed Modification: "In the event that construction of any proposed structure has not begun within 36 months of the effective date of this reclassification, then said reclassification shall revert to the present designations (R -1 -12.0 and R -3) on that portion not platted for single - family residential." Rationale For Existing Wording: City Council imposed this restric- tion to insure that timely completion of the numerous and complex performance standards of the contract rezone would accompany physical build -out of the project. For Proposed Wording: At the July 1980 Council Meeting mentioned above, City Council elected not to grant a one - year extension of the expressed time period as provided in the existing wording without prior advice of your commission. The applicants suggest that extending the time - performance standard to August, 1981 will satisfy their future - construction timing requirements. RECOMMENDATION Staff proposes that the Planning Commission recommend to the City Council that Ordinance 1071 be amended as follows: c) A complete application for final plat approval as deter- mined by the Planning Director, shall be submitted for the entire R -1 District of the project site, prior to release of Phase II building permits. g) In the event that construction of any proposed structure has not begun within 36 months of the effective date of this reclassification, then said reclassification shall revert to the present designations (R -1 -12.0 and R -3) on that portion not platted for single - family residential usage. MC /jas Enclose: Ordinance 1071 Page 2 Rationale t -- Staff Proposed Alternative Rationale A) For Existing Wording: The project was approved by City Council originally based on the attractiveness of the multi- density concept. The R -1 portion was favored as a key factor on the part of certain individual council members in voting approval of the entire project. The intent of the stipulation as presently worded is to in- sure that the R -1 portion of the "Sunwood" project remains an integral and inseparable part of the total development concept, as intended by the Council. B) For Proposed Modification: Condominium units built under Phase I of the development are nearing completion and will be ready for occupancy around the end of October. Under the current wording of this condition, it is all but im- possible to obtain occupancy clearance by that time, since the previous R -1 Preliminary Plat has expired. Thus, Paci- fic Townhouse Builders would have to obtain commission approval of a Preliminary Plat, construct all street and utility improvements required thereby, and then record the final plat all within a 60 day period. These steps cannot be accomplished within the time requirements of Title 17. The proposed private covenant would, in the applicant's opinion, alleviate the immediate encumbrance against occu- pancy of Phase I, while preserving the City's expectation of eventual R -1 usage of the northeast corner of the site. "A complete application for final plat approval, as determined by the Planning Director, shall be submitted for the entire R -1 District of the project site prior to release of building permits for Phase II construction." Staff believes that the suggested alternative, if approved, also act to resolve the immediate impediment to occupancy of Phase I, but will give greater assurance of timely completion of the R -1 District lots and improvements by tying the final plat process to the next phase of construction. Staff believes that the "private covenant" suggestion is unworkable since the timing of R -1 improvements will be rendered indefinite thereby; further, private deed restrictions are likely to be forgotten over a several -year period since they are recorded extraneously to regular city documents. A formal zoning condition, such as Staff suggests, recorded in ordinance form is less likely to be neglected than is an obscure deed restriction appearing on a future title report. 7808230748 EXHIBIT "A" Lots $, 9, and 10, Interurban Addition to Seattle, togeth r with vacated right —of —way of former South 152nd Street. LEGAL DESCRIPTION OF SITE LI-. ocre5 f<-5 3.5 acre o D.u. /v. • 2.0 ants c l u lac-t- , ===== „ i i i • 4 -1 4.17 ACT eS 22 D.U.I acpy M A E • , c)E.NsiTY NoeTH al= MociE 3.c> Dufac SOUTH OF gJocE , - 2o ou , . • • • • r EX 1-111311 94 - 4 • I: e :d • 1 • A 7 SITE SITE PLAN 7 it\r" FROPOC' 7808230748 I : 11,ntr,„ . .1 • • - T . " - or - -rs :I a. — ..,.. ..11-;.• -. . ... - 1 .1. ..;.---- r ' ii" 2.tjT.,;':-.Z.7-T;. .--,::-.F,Iii.lif;. r..„,.... ;..,_,...r="- -- 74-:t.fr-- .t....4,!•*:,.1,'"4-'707.4."5:--5...e: , : - )fit" ::1' :11 ..;!iiii •••::: c_. -- t..- 41 1....i' 3. , lw?..';./.-, i.e.; 't • .'. --. ..i2; ",, • - r ill:.1 . .,,/ ,, . t ■ 4 4.4..1,.11. .Lit.. i ,..,04 1.. ■1 to :,;._. . .- 1- .— 11111 , 1 1 1 idi2; it:IL-I , - •••' ' , .. i : IL -- I ' " .0 - 1/.1'•,•• '; 1 1 • • . ..- n itt • SECTION D ,: 9 , I 0 1 R -1- o s"p_* --- --- N .,_ /;..- . - \ • 025 00 -• k• N Be. 2S27'11.4 • 1000' NORTH L co :IS L ns.:-.IMEr0 p(4-4 FZE LD I 7/ LI/ • 17.<Z-7,-%‘ / - • AV 60 so 4 7• 1 11 •4 1. 1 Lr• • 11:e Pacific Townhouse Builders Seattle office: Mariner Building, 1370 Stewart Street, Suite 100, Seattle, WA 98109 (206) 682 -7830 Bellevue office: 1115 108th Avenue NE, Bellevue, WA 98004 (206) 455-1726 Department of Community Development City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 ATTEN: Mr. Mark Caughey Mr. Fred Satterstrom Gentlemen: August 7, 1980 Attached is: 1. Pacific Townhouse Builders' request for Planning Commission approval of "Sunwood" Phase II, as re- quired under Ordinance 1071, Paragraph F. There are two sets of full -sized plans and one re- duced copy. Plans include, Site Plan which shows utility locations, Landscape Plan and Building Elevation Plan. 2. Pacific Townhouse Builders' request to the Planning Commission that the zoning granted under Ordinance 1071 be extended from August, 1980 to August, 1981. The provision for this extension is Ordinance 1071, Paragraph G. 3. Pacific Townhouse Builders' request that the fire lane be relocated from the original site plan, which was approved under Ordinance 1071. Relocation to be as depicted on the revised preliminary plat of of the six single- family lotsand on the "Sunwood ". Phase II site plan. Under separate cover, the preliminary plat for the " Sunwood" six single - family lots has been turned in for processing. From our previous conversations, I understand that all the above will be submitted to the Planning Commission for the Aug- ust 28th Public Hearing. DFD:cc Enclosures cc: Dick Gilroy Mark Caughey Fred Satterstom August 7, 1980 Page Two If you have any questions, please do not hesitate to call me at 682 -7830. Sincerely, PACIFIC TOWNHOUSE BUILDERS l Don Daily, Partner 7906150931 SR Parcel B: u , That portion of Lots 8 and 9, Interurban Addition to City of Seattle, according to the plat recorded in Volume 10 of Plats, page 55, records of King County, Washington, and that portion of vacated S. 152nd Street described as follows: p4 BEGINNING at the intersection of the north line of said Lot 8 with the west margin of 62nd Ave. S. as conveyed to the City of Tukwila by instrument recorded`, under Receiving Number 7201070396; thence S. 01 ° 21'40" W. 105.00 feet to an angle point in said west margin; thence S. 88 ° 25'27" E. along said margin 5.00 feet to the east line of said Lot 8; thence S. O1 ° 21'40" W. along the east line of said Lots 8 and 9 a distance Of 420.00 feet; thence N. 88 ° 25'27" W. parallel with the north line of said Lot 8 a distance of 195.00 feet; thence N. 21 ° 30'00" W. 265.00 feet; thence N. 20 ° 00'00" E. 138.00 feet; thence N. 06 °05'17" W. 39.98 feet; thence N. 23 ° 20'00" W. 122.00 feet to the north line of said Lot 8; thence S. 88 ° 25'27" E. along said north line 305.00 feet to the POINT OF BEGINNING. Parcel A: That portion of Tracts 9 and 10, Interurban Addition to the City of Seattle, according to the plat recorded in Volume 10 of Plats, page 55, records of King County, Washington, described as follows: Beginning at the intersection of the north line of Tract 8 of said plat with the west margin of 62nd Ave. S. as conveyed to the City of Tukwila by instrument recorded under King County Receiving No. 7201070396; thence S. 01 ° 21'40" W. 105.00 feet to an angle point in said west margin; thence S. 88 ° 25'27" E. along said margin 5.00 feet to the east line of said Lot 8; thence S. 01 ° 21'40" W. .) : corner of said Tract 10;' thence N. 88 W. 628.46 feet to the southwest corner of said Tract 10; thence N. 02 ° 08'21" E. along the west line thereof 285.00 feet; thence S. 88 ° 25'27" E. 108.00 feet; thence S. 28 ° 25' • 27" E. 250.00 feet; thence N. 61 ° 34'33" E. 155.00 feet; thence N. 28 ° 25'27" W. 114.00 feet; thence N. 61 ° 34'33" E. 130.87 feet to a point which bears N. 88 ° 25'27" W. from the TRUE POINT OF BEGINNING: thence S. 88 ° 25'27" E. 312.70 feet to the TRUE POINT OF BEGINNING. Parcel C: LEGAL DESCRIPTION That portion of Lots 8, 9 and 10, Interurban Addition to City of Seattle, according to the plat recorded in Volume 10 of Plats, page 55,.records of King County, Washington, and that portion of vacated S. 152nd Street described as follows: Beginning at the intersection of the north • line of Tract 8 of said plat with the west margin of 62nd Ave. S. as conveyed to the City of Tukwila by instrument recorded under King County Receiving No. 7201070396; thence S. 01 ° 21'40" W. 105.00 feet to an angle point in said west margin; thence S. 88 ° 25'27" E. along said margin 5.00 feet to east line of said Lot 8; thence S. 01 ° 21'40" W. along the east line of said Tracts 8 and 9 a distance of 420.00 feet to a point hereinafter called Point "A "; thence S. 01 ° 21'40" W. 505.00 feet to.the southeast corner of said Lot 10; thence N. 88 ° 25'27" W. 628.46 feet to the southwest corner of said Tract 10; thence N. 02 ° 08'21" E. along the west line thereof 285.00 feet to the TRUE POINT OF BEGINNING; thence S. 88 ° 25'27" E. 108.00 feet; thence S. 28 °25'27" E. 25.00 feet; thence N. 61 ° 34'33" E. 155.00 feet; thence N. 28 ° 25'27" W. 114.00 feet; thence N. 61 ° 34'33" E. 130.87 feet to a point which bears N. 88 ° 25'27" W. from. said aforementioned Point "A "' thence S. 88 ° 25'27" E. 117.70 feet to a point distance N. 88 ° 25'27" W. 195.00 feet from said Point "A "' thence N. 21 ° 30'00" W. 265.00 feet; thence N. 20 ° 00'00" E. 138.0 feet; thence N. 06 ° 05'17" W. 39.98 feet; thence N. 23 ° 20'00" W. 122.00 feet to the north line of said Lot 8; thence N. 83 ° 25'27 "•W. 304.48 feet to the northwest corner of said Lot 8; thence S. 02 ° 08'21" W. 745.04 feet to the TRUE POINT OF BEGINNING. • 4. PLAT CERTIFICATE Gentlemen: SAFECO TITLE INSURANCE COMPANY To: NORTHWARD DEVELOPMENT CO. c/o Rick Weidenbach Sales Department This Company certifies (Continued) Fourth & Vine Building P.O. Box 21987 Seattle, Washington 98111 Telephone: (206) 292 -1550 Order No. 436747 This is a certificate as of July 14, 1980, at 8:00 a.m., for a plat of the following property: That portion of Lots 8 and 9, Interurban Addition to the City of Seattle, according to plat recorded in Volume 10 of Plats, page 55, in King County, Washington, and that portion of vacated South 152nd Street described as follows: Beginning at the intersection of the North line of said Lot 8 with the West margin of 62nd Avenue South as conveyed to the City of Tukwila by instrument recorded under Recording Number 7201070396; thence South 01 ° 21'40" West 105.00 feet to an angle point in said West margin; thence South 88 ° 25'27" East along said margin 5.00 feet to the East line of said Lot 8; thence South O1 ° 21'40" West distance of 420.00 feet; thence North 88 ° 25'27" West a distance of 195.00 feet; thence North 21 ° 30'00" West thence North 20 ° 00'00" East thence North 06 ° 05'17" West thence North 23 ° 20'00" West thence South 88 ° 25'27" East point of beginning. along the East line of said Lots 8 and 9, a parallel with the North line of said Lot 8, 265.00 feet; 138.00 feet; 39.98 feet; 122.00 feet to the North line of said Lot 8; along said North line 305.00 feet to the that record title is vested in: PACIFIC TOWNHOUSE BUILDERS -PARKE PLACE, a joint venture, composed of PARKE PLACE NUMBER ONE, INC., a Washington corporation, PARKE PLACE NUMBER TWO, INC., a Washington corporation and PARKE PLACE NUMBER THREE, INC., a Washington corporation free from all liens, encumbrances and objections, except as follows: 1. Terms and conditions of Boundary Line Agreement BLA -5 -79, City of Tukwila, recorded June 15, 1979, under King County Recording No. 7906150924. No. 436747 Page 2 ti 2. Agreement dated June 2, 1979, recorded June 19, 1979, in the office of the recording officer of King County, Washington, under recording number 7906190909, entered into by and between: PACIFIC TOWNHOUSE BUILDERS -PARKE PLACE, a joint venture; and TUKWILA INVESTORS, a partnership; Providing: Certain actions to be performed by PACIFIC TOWNHOUSE BUILDERS -PARKE PLACE in consideration of certain actions performed by TUKWILA INVESTORS. To the record reference is made for full particulars of the actions to be accomplished. This agreement is secured by a certain promissory note of an even date of $150,000.00. A copy of said agreement is attached. 3. Agreement dated July 16, 1979, recorded September 4, 1979, in the office of the recording officer of King County, Washington, under recording number 7909040615, entered into by and between: PACIFIC TOWNHOUSE BUILDERS -PARKE PLACE, a joint venture composed of PARKE PLACE NUMBER ONE, INC., a Washington corporation; PARKE PLACE NUMBER TWO, INC., a Washington corporation and PARKE PLACE NUMBER THREE, INC., a Washington corporation; and CITY OF TUKWILA, WASHINGTON, a municipal corporation; Providing: Determination of the Division of L.I.D. No. 29 as to said premises and other property 4. Regulatory control by the State Supervisor of Flood Control through the establishment of a flood control zone No. 2 inclusive within the boundaries thereof these premises and other property as lying within a flood basin. Control being exercised by issuance of regulatory orders and permits affecting the planning, construction, operation and maintenance of any structure of improvement, public or private, to be erected or built, or to be reconstructed or modified. (RCW 86.16.010 et seq.) 5. General taxes affecting the subject premises; the status thereof will be reported by indorsement. 6. Assessments, if any, affecting the subject premises; the existence thereof, if any, will be reported by indorsement. This company further certifies that all taxes and assessments levied and chargeable have been fully paid except as noted above. SAFECO TITLE INSURANCE COMPANY By FRANK KELLY Authorized Signature • The sketch is for your aie acing your land with reference to streets a correct, the Company assu1 .. uo liability for any loss occurring by reasorl'oi-iel,ence thereon. SAFECO TITLE INSURANCE COMPANY Sr∎f el, 4 1414 - 1 - a C . -1- v o c S e.A e_ S 20' I7 312.7. y/9D28 r parcels. While it is believed to be N Flo • u ) d • a N S, 15er DATE /2/3 /7 7 'PERMIT NO. WHEN VALIDATED (EXPIRES JOB ADDRESS / 5-2.0 3-- /.6-2s? 3' «k s 1 ad. LEGAL LOT NO. DESCR. BLOCK TRACT SEE ATTACHED SHEET OWNER "---1-;/„..,(,. 1 /d c.J /l.) J'7 c._ eai id, IPHONE 6c3 z_ -7r�s 0 ADDRESS �' -+ / '� l ziP i� e 1 r� FI c. ( 3 70 eL Id y 4 7 ?'� C � D Q / r 4 CONTRACTOR a c'. rc -- rai nhoo go . (PHONE 68-2,-7 83? , IZIPq,1 I v ADDRESS 84,D 13 ?v S7 'aA�T S 1 tiQe - LICENSE NO22 )"' r : ' /..., ( p i o c r i _ i C C S L I 1 ) SST NO.0 C)DO ...„.29,....7..._ /! 6 • BUILDING USE l.,r p f��� TENANT CLASS OF WORK 24 NEW ❑ ADDITION ❑ REMODEL ❑ REPAIR CI OTHER (Specify) B LDG. AREA 1st FL. 2nd FL. BASEMENT GARAGE DECK MEZZANINE # OF STORES TOTAL S.F. VALUATION !1 u V ' }�5"i / / y o o a.o0 NAME OF PPI3LI G NT LEASE P I T) OV S Z 1� e $ ADDRESS rt.)f9,(' gl • 73-2O S e izfer sf. PHONE 6 ?2 - 3a I CERTIFY THAT THE INFORMATION FURNISHED BY ME IS TRUE AND CORRECT AND THAT THE APPLICABLE CITY OF WILL BE MET. TUKWILA REQUIREMENTS Gam- ,e . SIGNATURE OF APPLICANT kPPLICATION FOR PERMIT tSu ILUItvh UtrAtl IIvItrII RECEIVED CITY of TUKWILA CITY OF TUKWILA SOUTHCENTER BOULEVAR[I - { TUKWILA, WASHINGTON 98188 " - - . • 433.1849 " 1,,13 BUILDING DEPT.' DO NOT WRITE BELOW THIS LINE PLAN RVW. CO :'MEN TYPE CONST. PLANS: FIRE DEPT. PLANNING/ SEPA PUBLIC WKS. TS: OCC. GROUP • 13 l OCC. LOAD RETURNED FIRE ZONE APPROVED SENT USE ZONE R FEE DISTRIB. AUTO SPRINKLERS REQ. OYES XNO BUILDING PLAN RVW. DEMOLITION BOND OTHER TOTAL RECEIPT NO. APPROVED FOR INSURANCE BY: • •- \• 1 FIRE P,�Vl NCam ~-- e_)— ■■•• I -/• - - .i .. USE ZOtr POOL R EC. _ BLDG. 8� NG DEptt 5 P H A L T - 8 s • 1 . ' 4 TEN IS COURT. I I • . t \ 3 20- b" ( GONG -- Sipe- ; • i 1 3. l / 4 bTOP SLIDE @ MIDSPAN ',4 4 BOLT 1NSEtcTS **5X 3'- o" i AB�'D,c, THCEW LAST 6' P'Or- . 1 /2 11 pro. - t1- IPE-AT, ELEN, 217' NEo'rENE, 9flJP 10 TIES e12 ON EACH SIDE of cot-, v i 216' -Z' * SANT 0E -TAIL AS . grcoHHEMpel, II I �I L 11 = 1llf�lf��ll 111 FEPICZ 6N RECEIVED CITY OF TUKWILA r :c.1 21979 N BUILDING DEPT E L V E roe mice rim % Dew FEATI STKIP SEE ' EL.EV, 4 *6 W1', spuce @ cols ELEV, 215' Z T1 01 - 1 A 34.1 —I' -0" 4 t4X 3'-6" @ 46 O.C 4 5 HAIRPIt`1 2. PCtZ PAI'1CL - . 2 roue cell- W/ ToF p �LL rre.'a ExTEHP WNW IZEIHF, $ 9&TION We. -ILO' nailottg h®Nmgcm, ob[pllan taud miiiiilibmoda Oun, 1.1. PACIFIC ?OWP H4OUSE P�WI�S GUN WaD D TENNIS COURT LICE STPUG. DETAILS ELEV, 217' O GKFILL w /nza- V AININy rigegiAL. . I3 HIGH WALL- ALTEi -N .T . LONG 5 @ I(o" ruLL HEI4I SHORTS#f 8 0,41 X 1' ti" #} (I!!' WALL) *'6 X (o' Q Bo O,G,(11 WALL) 4t 5@ IS" o, G,TYP, • 10 F/4GPIG 72:3 Ii U l 5tit4WDOP II' -O" HIyH WALL - ALT1= t,ZNATE • LoriGS 5 @ 20" of 6. FULL HEI4HT 4'{ # 5 6 20" O X 5'-b eLV, VANES ZoB' -o TO Z1?4' -b" at.v.. 2Q9- • 6 IS "Q, G, HQ 4Z, TYP • * e 10 (II' WALL- tr �. ' e 8 0, G, 03 wAL 4 • ELEV, W31.4211 o12 204=-1" 'S'-6" Q I I' -O" WIN WALL. 10 I' - Ou 4'-6' e 13-0 HIGH WALL. r,GTION n = 11 -o" netll �,�{}M hcbmgmm r j cr �rp 1 nrin�f�p it 6m� (9JU l5 '� IY.IS L5 o UU UIJU o 1111 l5 "TENN 15 CC.uRT L1I 51FLZ. oeTA -1 LS. q -13 -79 FA= of RET. WAI.I% a r: r 12 m 5oHOTUP2L cot,. TYt', 6' nahrfiRA hcAmwm, allwar old 8 "511 4 2' TEnnl -• .COVICr T �rw 66 ON cA, FT . 4 ° X 45 W1 E,W, 1='T of FTG. El.EV, 243' - 0" FT 1 �i°X 5 I I% wi55 E.W. I cy : not-JAL: 12 SLAP> 4t 5e 10" 0,61 NORTH - 00T11 $OTY 45 a 14' o,G, FAST - Wasr OF.GK PLAIN % -1' -O' O fTOM O'F rrA rLEv, f D. o. F 00.r. 1 51.-El. 2o ELEv, 205' - 6� 1 Iq' -b'r 2-11- o" ,x____191- 6a 6 1— o" FOUNDATION f LAN '16 3I'-0" 6 1 in 6" lim ARCH1TECTS - PLANNERS l'ao homm am MANtuvw. WA. 0818014 !�» IINIWWWW r IF1� - tOWNlioU $; ✓ E .fze S ! Woof, gaa Mt-it -115 CDJRT' 1.117 VTPiJG 17ETt'I / -13-71 e t ti 114 :• r1 F7GIi 4°x4°x IIZ w / 4 . 4 $;O,F , M t;LI;V, 206 - nabAs 'Mau% oll@pnv mud EO��f�MIE01 � firT , AACHITECTB - PLA NNI NEVI U C'U UIJ �w�� wa �MC+1 �•��» PAGI FIG TOWNHOUSE e - 'P5 SUN Woof, T NIS COUNT u o ue. CeTAiI TUKWILA CITY COUNCIL CO:MITTEE OF THE WHOLE 1•IEETING June 23, 1980 Page 8 Ltr. from Pac. Townhouse Buil- ders and Park Pl. Dev. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF ::THE WHOLE CONSIDER ITEMS NINE AND TEN OF THE AGENDA AT THIS TIME. * MOVED BY VAN IjUSEN, SECONDED BY BOHRER, TO AMEND THE MOTION AND CONSIDER THE 1979 STREET IMPROVEMENT PROGRAM AT THIS TIME. MOTION CARRIED, WITH JOHANSON AND HILL VOTING NO. *MOTION CARRIED, AS AMENDED. Mayor Todd said Item 10 on the regarding a letter he received He said he was not prepared to until the signer or originator agenda is a : proposed discussion from Dan Saul dated June 20, 1980. discuss the contents of the letter of the letter was present. MOVED BY HARRIS, SECONDED BY HILL, THAT ITEM 10 (DISCUSSION ON THE PARK PLACE DEVELOPMENT) BE DELETED FROM CONSIDERATION AT THIS TIME AND CONSIDERED IN ITS REGULAR SEQUENCE. MOTION CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE LETTER DATED JUNE 11 FROM PACIFIC TOWNHOUSE BUILDERS BE ON THE AGENDA OF THE JULY 7, 1980 REGULAR COUNCIL MEETING. * Councilman Harris said letters dated June 11 and June 16 requested the Council extend the deadline for the start of construction of "Sunwood" Phase II (remaining 88 condominium units) to August 7, 1981. Mayor Todd said the letter of June 11, 1980 uses economic reasoning for an extension of time and the June 16, 1980 letter requests the relocation of the fire lane. Acting Chairman Phelps said she thought the City Council would like the opportunity to speak with the developer. The request for 12 month extension is separate from the request for relocation of the fire lane. Ron Sudderth, 1450 114th Avenue SE, Bellevue, said he was one of the four owners of Pacific Townhouse Builders. He said he had sold his interest in the Tukwila property only. He had no knowledge of the letters that had been written and felt discussion on them should be deferred until the writers were here to defend themselves. He said promised payments on his share of the Tukwila property have not been made to him. He said he realized it would be cheaper to construct the fire lane along the northerly boundary of the single family property. But that is not the planning that the developer had approved and granted by the City. Mayor Todd said when Mr. Sudderth and Mr. Daily were in his office they alluded to the fact that Mr. Sudderth was going to be heir - apparent to thse six single family lots, and as he recalled the conversation Mr. Sudderth did agree that the low area in the single family zoned property needed fill and that was the logical place to put it and you were going to get it free from your other so- called partners. Mr. Sudderth said the fill was to be of 155th or 255th which is a totally Todd asked if the fill to be brought in the swamp. He said Mr. Dally and when they met with him in the office placed below the elevation line different configuration. Mayor down the hill was to be placed Mr. Sudderth had difficulty agreeir Don Sipes, 14961 62nd South, said he owned the property just north of the property in question. He said they supported the development because they thought it was adequate for this property. He said he had several concerns. First, he would like to ask the status of the occupancy permit? Mayor Todd said it was his understanding that unless the 6 lots are fully developed and improved they cannot get an occupancy permit. Darlene Sipes, 14961 62nd South, said they sat through the hearing on this zoning. The developers were to account for every tree. They have just come in with a bulldozer and completely denuded the land. She said she was embarrassed that they supported the project. They had left up a couple of tall firs, which they subsequently cut down. There have been cars and motorcycles down there and it is nothing like they said it was.: going to be. :IL . CITY CLUNCIL CO:•..:I TEE OF THE P:h. LE ME .:.; Jure 23, 1980 Page 7 Waiver request for Mr. Caughey said he thought it would be up to Council to decide which Schneider Office plan is used, based upon what Council wants to do about Maule Avenue. Complex - contd. Councilman Johanson said if the Council encourages this type of construction use in the form of offices, we should provide good bus facilities, hoping that they would then bus themselves to the location. For that reason'he said he was reluctant to give up Maule Avenue. Councilman Bohrer gave a status report, from the Community Affairs Committee discussion, on the Interurban Avenue plans. He said the Puget Power right -of -way in front of the property being discussed has an option to buy. Councilman Harris said possibly a trade could be \made for the 20 feet of Maule Avenue. Councilman Bohrer said he would agree with that thought. He was uncertain that the City needs the 20 feet. Some provision for bus turn -outs would be appropriate if we do not have adequate right -of -ways to serve that end. It would seem that some. additional 10 feet would be adequate for landscaping, subject to final concepts. Locally, in the area where we currently have the bus stop the full twenty feet to provide capability of having the sidewalk and bus turn -off would be appropriate. He said he was uncertain;as to the dimensions in detail in all of /those areas. Acting Chairman Phelps asked for the width of tie right -of -way in front of Maule Avenue on that property. Mark Caughey said he was not sure, bul it looked like,70'. Councilman Hill said he /was figuring if the City had an additional 10' there we could have landscaping and bike trail. Acting Chairman Phelps said that was the / intent of the Committee. Mayor Todd said he is part -owner in the piece of property being dis- cussed. Mr. Schneider has prepared /the documentation. He said he would first address the Council as to whether or not he would consider a trade for a portion of�•riverbank,for the use or ownership of Maule Avenu( Maule Avenue is 20' wide its full length, no one has ever developed any part of it, except the Riverside Inn uses it for parking. It has a main sewer line down the center•.yhich, were someone to acquire it, they could not abandon the easement for sewer maintenance. Maule Avenue is not worth what you propo'se for the frontage. The Metro Bus Company has been for some time encrouching on Puget Power right -of -way which we have an option to purchase and` exercise. The bus stop is tres- passing on Puget Power /property We own the 207,000' east of Maule Avenue. Note there is a City park proposed on the north end of the pro- ject 72 ' wide that extends from Maule Avenue to the river, which would fit in well w'th the scheme to assume some ownership in the river bank for public use. The fact that it is river bank does not indicate that anybody and/everybody can trespass on it. It is private property and as such it ,seems good judgment to connect that portion of recrea- tional property to the park. That was the reason for the original indic, tion that he /faas interested in any kind of a trade with the City. He said the other party and himself were not 'interested in any trade of the frontage far Maule Avenue on a one to one basis because there is not that value in Maule Avenue. There is a sidewalk and landscape strip proposed along Maule Avenue. Councilman Bohrer said he had no objections to a private developer doing all of that if it can be done to City standards. It seems like it might be better to move the sidewalk out and use the land for other purposes. / • Councilman Harris said she liked the development very much and it is in theme with the City hopes for Interurban Avenue Corridor. We want people- motivated development rather than trucking, etc. Mayor Todd said someday, in his opinion, Maule Avenue will be abandoned either by law or because it has never been developed. Councilman Bohrer said he thought the project in general is what the City would like to see happen there on Interurban Avenue. He said he felt there should be room for some kind of a trade. He said he felt the difference between what the property owners have drawn and what the City has discussed are quite minot. *MOTION CARRIED. TU 4:'r; T i .;. jv.pe 23, 1980 Page 9 CITY CG:' 1 1 , C I T T E E OF TIME WHOLE . :.IEETIi;: Ltr. from Pac. Townhouse Buil- ders & Park P1. Dev. - cont. Councilman Van Dusen asked Mr. Sudderth if they were the developers who presented the original proposal. He asked if they bought the property from the Boeing Engineers Associates? Mr. Sudderth, said they had bought the property. After the plans were approved the property was acq uired by Pacific Townhouse Builders. Mayor Todd asked when Mr. Sudderth and his partners acquired the property from the people who had the permits did you not then have 25% of the equity? Mr. Sudderth said yes. Mayor Todd asked Mr. Suddert if he would not then have 25% obligation to the City. Mr. Sudderth said he sold his interest in all of the Tukwila property:. Mayor Todd said he did not see how that land could be developed without completely desecrating the landscaping and the elevation. Mrs. Sipes said the people who developed the property walked it and it was analyzed and surveyed. They knew very well what the problems were with it before they committed themselves. Councilman Bohrer said he would like to clarify the fact that Mr. Sudderth purchased the single family area and he had no part in the pre- construction, whether it is grading, clearing, or whatever. Mr. Sudderth said that was correct, but he would like to explain one point and that is that the agreement that he had with the Department Head is very specific in that the single family plat has approval on a preliminary basis through the planning and development process. He saic his partners approached him last fall in an effort to save some money, and asked if he would object to the relocation of the fire lane and the creation of an extra lot by changing the cul -de -sac access to it. He said he told them that would be up to the City to approve it. Councilman Bohrer said these letters, like most of those received from Mr. Dally do not make sense. Regardless of what the current supply of houses is by the time that he can do any construction on them both the supply and the demand and the interest rates are going to change substantially. So to base the decision on what he perceives the current situation is, is totally misleading. By the time he can 'construct interest rates may be up to 20% or down to 10 %. *MOTION FAILED, WITH HILL AND HARRIS VOTING YES. MOVED BY BOHRER, SECONDED BY HILL, THAT THE ITEMS PERTAINING TO THE PACIFIC TOWNHOUSE BUILDERS DEVELOPMENT BE PLACED ON THE JULY 14, 1980 COMMITTEE OF THE WHOLE AGENDA. * Mrs. Sipes said dirt has been moved about on the property and the vegetation has been removed. Councilman Bohrer said the Council by motion at last week's meeting requested Administration place a stop -work on further construction on the fire lane. In the agenda package we have a letter from Mr. Todd in which he says he refuses to execute a stop -work on that fire lane, in fact he says that is the decision of the Building Official and he does not have the legal authority to countermand the decision of the Building Official. He asked Mr. Todd if it was his intent to maintain that position. Mayor Todd said he thought he did not have any choice. The Council passed an ordinance adopting the Uniform Building 'Code. The Uniform Building Code clearly states who the responsible official is. He said he cannot direct any Department Head who has exclusive authority to mak a decision to change it. He said that is why he takes that position. If the Council, when passing the zoning ordinance, had made some remark about repealing the authority of the Uniform Building Code it would hay been fine. Acting Chairman Phelps asked apart from the scope of the Uniform Building Code, how about the violations of the zoning ordinance itself, not related to the Building Code. Mayor Todd said'he did not know they had violated the zoning ordinance, they had a fill permit. Last week it was stated they were up there digging without a permit. That is not the case, they had written permission from Al Pieper to proceed to place fill in that low area. In some ways this decision also came from the Acting Planning Director. ;:�L ;• C :T'i =J::CIL CO MITTEE OF TI;E WHOLE I•IEETING June 23, 1980 Page 10 Ltr. from Pac. Townhouse Buil- ders & Park P1. Dev. - contd. v Councilman Bohrer said there is no mention of clearing and grading which occurred. Mayor Todd asked how you can move dirt without disturbing the ground you are moving it over. Councilman Bohrer said they were never authorized to clear or grade. The ordinance specifically prohibits clearing and grading without express approval. Councilman Bohrer stated Mr. Pieper reports to the Mayor and he asked if the Mayor had indicated his desire to him on this particular matter. Councilman Hill suggested Mr. Pieper give an opinion of his feelings about the administration of the ordinance. Al Pieper, Building Official, said about 10 days ago Mr. Dally came into the office and showed him a copy of a letter from Pacific Townhouse Builders addressed to him in which he reiterated a little past history relative to agreements entered into with Mr. Stoknes. He asked him what would be required for a fill permit and /or grading permit on the site. The Acting Planning Director and Mr. Pieper asked him to what extent he wanted to fill. His comments were that he really did not want to fill he wanted to store some dirt and he did not choose to go to the expense of exporting dirt off the site and then a period of time later exporting dirt back to the site to do the necessary fill. It may come out as a fill and it may come out as dirt storage. The end product of it was that after discussing it with him I told him he could proceed to move dirt on site without a permit and if questioned as to whether or not he had authority to move dirt on the site Mr. Piepe would make a note on the letter that informed him that he was authorized to move dirt without a permit. He was not authorized to install a fire lane. Mr. Pieper said he had no right to grant him that authority. He was not authorized to change water tables, or anything of that nature. He was authorized to move and store dirt on site, which he has done. As Mr. Todd mentioned it is impossible to clear and grade a site and /or move dirt and /or store dirt or do any tYPe of development on a site without disturbing the site, especially hillsides that are wooded. It takes some disturbing of the natural site. If the Council wants to pass an ordinance that says a hillside cannot be developed he said he would be happy to go out and red tag it. Acting Chairman Phelps asked Mr. Pieper if he had seen the agreements that had been made with Mr. Stoknes in written form? Mr. Pieper said he had heard they were written but he had not been able to find them. He thought they were verbal. Mr. Stoknes felt he had administrative latitude to make some minor adjustments to the site. To develop a site like that it is necessary for minor adjustments to be made. Mr. Satterstrom went up and made some minor decisions regarding the trees and the arranging of houses and driveways around a clump of trees. There is no verification that Mr. Stoknes gave them permission to move the fire lane. If there was approval it was verbal. Councilman Harris said in the ordinance reclassifying that piece of property, Section (F) says: "Planning Commission review of detailed site, elevation, and landscape plans to include building and landscape materials, etc." Has the Planning Commission reviewed the site and the elevation and how much fill will be needed. Mr. Pieper said they have not reviewed it but he could see no necessity for them to do so at this time. There is no proposal to go to the Planning Commission for review. There are no proposals for any specific locations for houses or elevations. There is nothing to revie Councilman Harris asked if there is a plan for the fill. That seems to be what is bothering everyone. Dirt is being dumped and no one has presented a plan. Mr. Pieper said Mr. Dally, in his conversation with him and Mr. Caughey, proposed to store dirt on two locations. One was near the fire lane access into Graydon Smith's project and the other c,: was down near the intersection of 151st and 59th South. It is intended to be dirt storage and is not intended to be a fill in any way. They intend to haul it back down and use it among their ppartment building for back fills and roads. Another problem that they have had it that they have run into some extremely huge rocks. He has an approval as to where to put his building. If he has a large rock lying where that building has to go and he takes out the rock ant. there is a tree standing on top of the rock and the tree has been designated to stay, then he has a problem. If there is going to be ;'3'.:. :CIL C:..: I TEE CF THE WIHL.. 1 E!_,TIi:G tn e 23, 1980 Page 11 Ltr. from Pac. Townhouse Buil- ders & Park P1. Dev. - contd. development, vegetation has to be disturbed. If it be disturbed then an ordinance should be passed say no development. They have not submitted a plan for of Phase II which is the fourplex site. No occupan be granted until the site is fully developed. He s a problem if there is a change in ownership and the developed at all, will we require that all of the c remain empty? Councilman Bohrer said there seems to be confusion ments for occupancy. As he reads Ordinance 1071, S second sentence says "A final plat of said R -1 dist properly recorded prior to the issuance of any occu structure on the remainder of the 12 acre site." T you have to develop the streets or the utilities or says you have to have a recorded final plat. There of expense in recording a final plat. Acting Chairman Phelps asked Mr. Pieper if he knew ment approving the relocation of the fire lane? Mr. Pieper said nothing has been relocated. The peo are under the impression that they have approval to given by Mr. Stoknes in December. They cannot move the Council approval. Running a dozer down the hil a fire lane. If they take out trees they are not s to replace them with 12 foot plus conifers with ap and how many. Councilman Bohrer said it sounds like an even trade foot diameter 100 foot tree with a 12 to 14 foot 4 The issue of the tentative approval by Mr. Stoknes The only thing written relative to this is in Pacif Builders letter to Mr. Todd dated June 4. He said withl(jell Stoknes (no longer the Planning Director) tentatively approved, it does not say he approved, 'location with the stipulation of certain conditions there is no written document to say Mr. Stoknes app no longer with the City. If the development procee that he proceeded on a non - written agreement based non -city authority. Whether you call it a fire lan violated several other provisions of the ordinance. that the storage of fill on the site did not requir was feasibly possible to do the grading, the cleari do the filling totally within the context of the pl has previously approved. They could have cut the 1 where single family cul -de -sac comes in, then cut d that cul -de -sac and in that case no one would have the fact that they sent us a letter that proposed t lane, that request went on the Council agenda for J considered it and referred it to the Public Safety proceed to fill, grade, clear regardless of whether lane precisely in the configuration area of the fir they proposed. Mr. Pieper said the Council would have to approve o relocation of the fire lane. Councilman Bohrer said the reason the restrictions development was to provide an adequate buffer for t that was one of the major concerns. By an action o no approval of City authority, he has materially d. of providing that buffer in the next 30 years. Mr. Pieper said he did not see it that way and did Mayor Todd said when Pacific Townhouse Builders cam week ago he told them to write a letter to Council He said he did not think there was any written memo relocation of the fire lane.* Mr. Pieper said the site would be monitered. The f the Sipe's line. *MOTION CAR=.IED. • • is not meant to ng there will be the development y permits are to id he could see area is not ndominiums, etc., bout the require - ction 2(c), the ict must be ancy permit for any at doesn't say that anything else. It can't be a lot f any written docu- le doing the work move the fire lane, the fire lane withoi does not establish pposed to they have royal as to where to replace a two nch diamter tree. eeps coming back. c Townhouse n a meeting on December 6 he he change in The questions are oved it. He is ed it appears n approval by a or not it still He said he would s any violation. It g that was done, n that the Council ne down to wn the location of een disturbed. But relocate the fire ne 9, the Council ommittee, they you call it a fire lane that was disapprove the ere placed on the e single family are the developer with aged our capability of agree. to him about a or their action. approving the 11 is 15 feet from TUKWILA CITY COUNCIL COMMITT '" OF THE WHOLE MEETING June 23, 1980 Page 12 Ltr. from Pac. Townhouse Buil- ders & Park Pl. Dev. - contd. Street Improve- ment Proj. Bids Review of Block Grant Programs & Expenditures. OTHER Ltr. from Mayor re Public Safety Dept. ADJOURNMENT 11:30 P.M. C c .,�_� ` L' 1 Mr. Pieper said he was sure he could go up and tell them to stop work for about two weeks and they will be cooperative. Gary Merlino, audience, said there were four bid schedules on the recent Call for Bids. He was low bidder on the 100 calendar day bid versus the 80 calendar day bid. He said he could not- understand why the Council should select the other firm when there were only 13 working days difference in the two bids. He said if the City wanted the job done in 80 days they should have put it at that time limit. Acting Chairman Phelps said Council President Saul had stated the bid award should stand as it was acted on at the Regular Meeting on June 16, 1980. MOVED BY PHELPS, SECONDED BY HILL, THAT ITEM 6, REVIEW OF BLOCK GRANT PROGRAMS AND EXPENDITURES, BE PLACED ON THE AGENDA OF THE JULY 7, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Mayor Todd suggested in his letter that a Public Safety Department, composed of the Fire and Police Departments, be created. Pat Lowery, Public Safety Officer, would be the Director of that Department. Councilman Van Dusen said at one time the Council had discussed a Public Safety Department. The Director would have to be someone that both departments respected. Mayor Todd said he felt Mr. Lowery had great leadership ability and he would like to see him employed in such a capacity. Councilman Johanson said he thought the Council should not create a job for an individual. MOVED BY VAN DUSEN, SECONDED BY HILL, TO CONSIDER THE RECOMMENDATION OF THE MAYOR TO CREATE A PUBLIC SAFETY DEPARTMENT AT THIS TIME. * Councilman Harris said she could not see spending the citizen's money to create a job that would be over two top departments. *MOTION FAILED, WITH VAN DUSEN VOTING YES. MOVED BY HARRIS, SECONDED BY JOHANSON THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING ADJOURN. MOTION CARRIED. Doris Phelps, Acting Chairman er, No a Booh Recording Secretar y g L KWIll CITY COUNCIL, RE FETING June 16, 1980 Page 3 PUBLIC HEARINGS - Cont. Six Year Trans- portation Improve- ment Program, 1981- 1986 CITIZEN'S COMMENTS Status on lawsuit concerning property at South 160th & 53rd South Park Place Dev. Mr. Ed Bauch; 16603 53rd Ave. So., said he compared the Six Year Plan with those of the past two years. When you start adding up the • figures, they get into very high numbers. He expressed concern about the balance between the residential program and the commercial program. He is afraid all of the available money will be used on the commercial program and the residential part will suffer. This program started in 1972 and still no streets on the west side of the freeway have been touched. The undergrounding has been completed but not the streets. The residential portion keeps sliding back; it never gets into the first year. He recommended that if the City continues to get matching funds, the people who benefit from the streets be made to pay for them and that Council institute a B & 0 Tax ear- marked for the City's share of the street improvements in the Commercial area. Mrs. Jan Wiesner, Tukwila Chamber of Commerce, commented that Tukwila is to be commended for having taken such early action in developing a good street program. If funds do become avail- able Tukwila should be in good shape to get assistance for funding. THERE BEING NO FURTHER COMMENTS, MAYOR TODD CLOSED THE PUBLIC HEARING. It was noted that a resolution appearing later on the agenda is to adopt the Transportation Program. Mr. Bauch asked the status of the lawsuit concerning the development of a piece of property at South 160th and 53rd Avenue South. Mayor Todd said that his latest information from the City Attorney was • a copy of a letter inquiring if the finding of facts had been sub- mitted to the Court. Mr. Carl Bergstrom, audience, thanked Council for the revision of the walkway and signals on Southcenter Boulevard at the S -line Bridge. He asked when the newly installed light on Interurban Avenue at 58th Avenue South would be energized. Mayor Todd said the flashing caution light will be activated one week from today and fully operative on the last day of the month. Councilman Bohrer asked what is going on on the north end of the Park Place Development. Last week there was a letter on the agenda from Park Place requesting permission to change the location of the fire lane. The ordinance that zoned the property was a contract zone that set a plat for the property without the fire lane in that location so he is in violation of the ordinance. Mayor Todd said the ordinance required him to build a fire lane and this is what he is doing. Councilman Hill explained that the original location would be such a steep grade it would require a twenty foot rockery. This is why they have requested the change of location. The grade is less. There will still be a strip in between the fire lane and the R -1 property that will be landscaped. This will be discussed further by the Public Works Committee on Wednesday. Councilman Bohrer said he understood that, as of 4:30 P.M., no fill permit had been issued. The justification the applicant gave for the change in the fire lane is self - conflicting and totally inconsistent. Since a fill permit does not exist and he is violating the conditions of the contract rezone, he is doubly in violation of city statutes. UKWIL,A CITY COUNCIL, REG ^R MEETING une 16, 1980 Page 4 CITIZEN'S COMMENTS - Cont. Park Place Dev. (cont.) Change Order #23 & #24: Contract 79 -03 &LID #29 Budget Transfer Motion No. 80 -18: To Cover Change Orders 23 & 24 Mayor Todd offered to look into this matter. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE CITY ISSUE A STOP WORK ORDER ON THIS PORTION OF THE SITE UNTIL WE HAVE HAD A CHANCE TO REVIEW IT AT THE COUNCIL LEVEL.* Mayor Todd said he felt there has been considerable study on this situation. Placing a red tag on this project could place the City in jeopardy. Councilman Bohrer said, if there is a fill permit, and I believe one is required, I am not aware of it. I the Bldg. Dept. this afternoon. The terms of the contract rezone said the fire lane would not go up the north boundary of the property, but would go along the road. The applicant says that from experience on Phase I with rock problems they do not wish to make any excavation cuts that are not necessary. In grading this fire lane, he has graded over an area three times as long as what he first proposed. The rezone that was granted was a contract rezone. It had a pre- liminary plat that showed the streets; it was very carefully worked out. He has now violated that. *MOTION CARRIED. Councilman Hill said the Building Official has the power to stop the construction if there is no grading permit. Why is it necessary for the City to tell him. Public Works Committee will review this on Wednesday. Councilman Van Dusen offered that the Building Official's interpretation is that they are not in violation. Councilman Harris said this is next to a single family area and we want to be sure the neighbors are not hurt. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS MOVED BY SAUL, SECONDED BY HILL, THAT CHANGE ORDERS #23 AND #24 BE APPROVED AS PRESENTED.* Change Orders #23 (Contract 79 -03) and #24 (LID #29) are to provide sodding due to grade changes and replace damaged curbs and gutters caused by use of driveways prior to adequate cure time. Councilman Phelps asked if there are any additional change orders to be considered. Mr. Fraser said no, this completes the final inspection list. Change Orders 19 through 22 reflect reductions in the contract. ROLL CALL VOTE: BOHRER - NO HARRIS - NO HILL - YES JOHANSON - YES PHELPS - YES SAUL - YES VAN DUSEN - NO *MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT BUDGET TRANSFER MOTION 80 -18 BE ACCEPTED.* This Budget Transfer Motion is to provide the funding required by Change Orders #23 and #24. *MOTION CARRIED WITH BOHRER AND HARRIS VOTING NO. TUKWILA CITY COUNCIL, RE 1'I_A -�'EETING June 16, 1980 Page 5 ORDINANCES Ordinance #1168 - Vacating that portion of 44th Pl. So. located between So. 134th & Primary State Highway No. 1 RESOLUTIONS Resolution #740 - Adopting a revised and extended Comp- rehensive Trans- portation Program Resolution #741 - Adopting a Trans- portation Study (Entranco) MOVEa BY SAUL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read an ordinance of the City of Tukwila vacating that portion of 44th Place South generally located between South 134th Street and Primary State Highway #1. MOVED BY SAUL, SECONDED BY PHELPS, THAT ORDINANCE NO. 1168 BE ADOPTED AS READ.* Councilman Van Dusen asked if all the necessary documents had been received and was told they had. Councilman Hill commented that there is a big "FOR SALE" sign on the property. He wondered if they are going to develop it or sell it. *MOTION CARRIED WITH BOHRER VOTING NO. v v ■ MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read a resolution adopting a revised and extended comprehensive transportation program in accordance with RCW 35.77 and RCW 36.81. MOVED BY SAUL, SECONDED BY HARRIS, THAT RESOLUTION NO. 740 BE ADOPTED AS READ.* Councilman Bohrer said he has a problem with several of the descriptions of the projects that are incomplete. He cited both Items #1 and #2. Further, numbers 32 through 35 read a plan to widen the streets in the industrial area. That proposal will destroy much of the character the City has tried to accomplish through landscaping. The street widening will come out of this area. He said he noted that the 1980 portion calls for a large amount of money. There is about two million dollars for the residential area. The bulk of this would come from City financing and I don't believe the City has that much to put into it. There is a question whether the prioritization in the request for funding is realistic. He said he has no problem with the projects that were selected number one in each category. He said it is in- appropriate to call certain projects "Chartwell Impact Projects." The list is incomplete and the projects have far more general applicability to the Industrial /Commercial area than just Chartwell. Councilman Hill said the Public Works Committee worked on this a number of different times. There aren't many projects in the residential area. The main reason is that all of this will have to be funded by the City. There are no funding sources available at this time. We were trying to stretch the money as far as it would go and still do the most for the City. *MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read a resolution of the City of Tukwila, Wash., adopting a Transportation Study. MOVED BY SAUL, SECONDED BY HILL, THAT RESOLUTION NO. 741 BE ADOPTED AS READ.* w "A � , City of Tukwila Mr. Don Dally Pacific Townhouse Builders 1370 Stewart St., Suite 105 Seattle, WA 98109 Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development April 2, 1979 RE: Building Permit /Phase I r Park Place Condominiums Dear Mr. Dally: In the review process for a building permit, the Planning Division checks for compliance with provisions of developers' agreements and zoning ordinances. On September 28, 1979, the Planning Commission reviewed development plans for Phase I. However, those plans did not include a detailed landscape plan as required by Ordinance #1071. The detailed landscape plans must be reviewed by the Planning Commission prior to issuance of the building permit. These plans must include the location and type of the plant materials. In addition, the Concomitant Zoning Agreement required that, At the time each phase of the project is submitted to the Planning Commission for review, the developer shall stake all proposed building sites in the phase. The sites shall be inspected by an official from the Department of Community Development. After inspection, the developer shall make minor adjustments where feasible in the building locations in order to preserve as many trees as possible on the site. If conifers 4 inches or greater in diameter, or deciduous trees 12 inches or greater in diameter, measured 2 feet from ground level, must nevertheless be cut in connection with the construction of a building, the developer shall plant new trees on a 1 -for -1 replacement basis. Conifers and deciduous trees shall each be replaced by similar kinds of trees. Conifers when planted shall be from 10 to 12 feet in height. The developer shall include in the restrictive covenants to be recorded a provision for maintenance of all such planted trees by the home- owners' association." Therefore, a detailed landscaping plan showing the location of the trees to be removed and the location of the replacement trees will have to be reviewed and approved by the Planning Commission. The plan must be field checked by the staff. Therefore, the areas designated for growth preservation and the boundaries of Phase I should be staked to assure that no clearing is done outside of the building area. The trees that will be cut will have to be tagged to calcu- late how many additional trees will need to be planted. d N Mr. Don Dally Pacific Townhouse Builders RJB /ckh cc: Ping. Sup. Bldg. Off. File Preliminary review of the building permit suggests that the only other condition that would be required by the Planning Division would be the submission of plans for the location and construction of the trail connecting 62nd. Avenue South to the Tukwila Elementary School. The trail will have to be completed prior to occupancy of any buildings in Phase I. The detailed landscape plan must be submitted by April 12th to be on the Planning Commission's regular meeting on Thursday, April 26th. Sincerely, er-4q- Roger J. Blaylock Assistant Planner Page 2 2 April 1979 19 08 6 March 1979 Cite of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 Mr. Don Daily Mariner Building, Suite 10S 1370 Stewart Street Seattle, WA 98109 RE: Potential changes caused to Park Place based upon construction of L.I.D. #29. Dear Mr. Dally: Edgar D. Bauch, Mayor It is my understanding that the creation of L.I.D. #29 has caused some need for redesign of the site plan in the southeast portion of Park Place. I further understand that you would like to enter into an agreement with the City to clearly allow you to change your site plan based upon a need to do so due to the L.I.D. construction. While I understand your needs, since you feel locked in to the site plan approved by Ordinance #1071, I do not support the creation of any legal documents beyond those necessary to get the job done. To this extent, I am preparing this letter. Section 2.f. of Ordinance #1071 provides "Planning Commission review of detailed site, elevation and landscape plans... ". "The express purpose of such.review is to ensure each phase or portion of development is in general conformance with the overall development plans... ". Note the term "general conformance." This gives considerable latitude to the Planning Commission in their review proceedings. The Planning Commission has made this review and approved a site plan for the southeastern portion of your property. It is my position that if you can support your contentions that the L.I.D. has caused a need to change your site plan and that no reasonable remedy exists except to deviate from the approved site than the administra- tion will approve such changes. It is understood that modification should be held to a minimum but that two of the structures may need to be moved as much as 47 feet. Mr. Don Dally In summary I am confident that a reasonable solution can be reached on any site plan amendments which are necessary because of the L.I.D. construction that will be equitable to you as the builder_ while complying with the intent of Ordinance #1071. Sincerely, �Kv Edgar D. Bauch Mayor KS /EDB /ckh cc: Kjeli Stoknes Page 2 6 March 1979 2 March 1979 M E M O R A N D U M t City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development TO: Kjell Stoknes, OCD Director FROM: Fre . Satterstrom, Planning Supervisor SUBJECT: Revis d Site Plan Proposal: Park Place Don Dally of Pacific Townhouse Builders, developers of the proposed Park Place complex, claims the plans for L.I.D. #29 will indirectly impact the placement of buildings in their site plan. He asserts that the proposed elevation of the planned intersection improvement of 62nd Avenue South and South 153rd Street (approximately 10 feet lower than existing elevation) will require extensive excavation for the entrance driveway which, in turn, necessitates shifting certain buildings northward. I contacted Frank Martin of Jones E Associates to verify the proposed ele- vation of 62nd Avenue at its intersection with South 153rd Street upon com- pletion of L.I.D. #29. According to him, the proposed elevation is 161 feet, not 1571/2 as shown on the revised Park Place site plan. The existing elevation of the roadway is 170 feet, so the vertical cut will be approxi- mately 9 feet at this point. After examining the original site plan and comparing it to the new revised site plan, I'm not convinced it is necessarily the L.I.D. which is respon- sible for the shift in the site plan. Attached you will find a rather simplistic drawing which shows the amount of excavation along the proposed driveway under (a) existing conditions with no change in roadway elevation, and (b) with proposed elevation at driveway intersection according to plans for L.I.D. #29. As you can see, either plan calls for significant excava- tion in order to accommodate the driveway. Plan B, of course, does require the greater amount of excavation. It is my opinion that even the original site plan would have required some shifting in building location if an engineered retaining wall were not in- stalled along the face of the excavation. The revised site plan does not propose to use retaining walls at all but instead utilizes a slope of 12 II: 1 V. Note that the revised site plan proposes to break Building #5 into two (2) separate structures. Instead of one 12 -unit structure, two six -unit struc- tures are proposed. According to Dally, this allows the structures to better fit into the building area which results after the proposed cut is made. The reduction in bulk of structures may be viewed as a positive factor. Kjell Stoknes Memorandum RECOMMENDATION: FNS /ckh Attachment - ensure the stability of the cut slope Page 2 2 March 1979 The cut which will result from the driveway excavation will not be pretty. According to my crude calculations, the vertical cut into the slope could be 22+ feet in some places if the elevation of 62nd Avenue South is dropped nine feet by L.I.D. #29. Nevertheless, extensive excavation of rock for roadway access at 62nd Avenue South was forseen as an unavoidable adverse impact in the Final environmental impact' statement and was contemplated on the Grading Plan which became Exhibit IV to Ordinance #1071. Before any excavation or grading can be done on the site, a building or grading permit will have to be issued. Before a building permit can be issued, the site plan (and other details) must be reviewed and approved by the Board of Architectural Review. Because of the severity of the pro- posed excavation, it will be incumbent upon the Board to: - reduce or mitigate the adverse visual impact of the excavation Preserve as much natural tree growth as possible in the "preservation zones," particularly in the southernmost areas ensure quality building design and materials in all buildings; again, particularly in the highly visible buildings along the south edge of the property Therefore, I recommend we accept the idea of possible shifts or relocation of structures as generally depicted in the revised site plan submitted by Don Daily (attached) subject to the following.. conditions: 1. Exact locations of all buildings in Phase I to be approved by the Board of Architectural Review. 2. Detailed drawings showing cut, slope, rockery, or retaining wall details be submitted for B.A.R. review and approval. 3. Soil tests in the driveway entrance area be completed prior to excavation of said driveway entrance. Purpose of the soil test is to determine extent of necessary cut area prior to undertaking of excavation activities. zo' p , Entrance !e Park Place. ro' �r Enfrance1 PDX Place. • Plan • P!a n es �srun+d no Gwsrhy of elevation et. GtmAveetscr Prireway Sreas ad 4% lAteroi lion, a • � •...... C 41-' Arenue i. 4- Asau6 03 4' Lowering •f elevation at bt"' k ✓saus Prlve w¢y pat al• IS eit Planning Commission Minutes Chairman Kirsop recessed the meeting at 10:00 p.m. Chairman Kirsop reconvened the meeting at 10 :15 p.m. CORPORATE SQUARE Cc-C) +h e Mr. Blaylock explained and read the staff report. Page 4 28 September 1978 Mr. Richards felt stipulations #4 and 5 were unnecessary. Mr. Bob Kacel, Leason Pomaroy, mentioned the irrigation of the landscape areas was completed and he did not foresee any problems with complying with stipula- tion #1 of the staff report. MOTION BY MR. RICHARDS THAT THE SITE PLAN AND LANDSCAPE PLAN BE DENIED UNTIL OWNER CAN SHOW NEED FOR IT. MOTION DIED FOR LACK OF SECOND. Mr. Richards mentioned.that he felt it wasn't safe for employees to walk that far to work. MOTION BY MR. RICHARDS, SECONDED BY MRS. AVERY AND CARRIED THAT THE PROPOSAL FOR THE SITE /LANDSCAPE PLAN BE DENIED PENDING JUSTIFICATION. MR. BOWEN VOTED NO. PARK PLACE CONDOMINIUMS Mr. Blaylock read and explained the staff report. Mr. Blaylock noted that stipulation #3 of the staff report should read 50 -foot right -of -way not 60. Mr. Blaylock displayed and explained exhibit #11 concerning access road. Commission discussed stipulation #1 of staff report. Mr. Leonard Milbrant, Architect, 16042 Dexter Avenue North, Seattle, explained fire truck access to complex. Mr. Milbrant mentioned the buildings were approximately 200 feet long. Mr. Richards felt this was not an unreasonable distance to lay out fire hose. Mr. Milbrant mentioned that the buildings are located far enough apart to avoid spreading a fire. Mr. Milbrant explained how trail connected to 62nd Avenue SoutH. Mr. Milbrant explained that open space was less than what was mentioned in staff report and will amend them and return them to the planning staff. Mr. Blaylock explained stipulation #3. Commission discussed access road location. Mr. Milbrant explained that they were working with the Public Works Department's desires. /iv" • , Planning Commission Minutes MOTION BY MR. RICHARDS, SECONDED BY MR. SOWINSKI AND PASSED UNANIMOUSLY TO APPROVE THE SITE PLAN WITH THE FOLLOWING STIPULATIONS: 1. THE LOCATION OF THE TRAIL CONNECTING 62ND AVENUE SOUTH TO THE TUKWILA ELEMENTARY SCHOOL SHOULD BE CLARIFIED AND IMPROVED FULL LENGTH DURING PHASE I. 2. THAT THE ACCESS STREET BE MODIFIED TO REFLECT THE ACCESS AGREEMENT OF EXHIBIT #11. Mr. Milbrant said the parking stalls were 9' x 20'. SKARBO LANDSCAPE PLAN Mr. Blaylock read the staff report. Page 5 28 September 1978 Commission and staff discussed location of sidewalk. Mr. Satterstrom stated that sidewalks have been required on other developments along Southcenter Parkway namely Benaroya and Parkway Plaza. Mr. Mahluin desired to have sidewalk along edge of parking lot, not road. Chairman Kirsop questioned poplars along property line. Mr. Satterstrom informed Mr. Mahlum that curb -cuts in commercial areas are 24', thus, staff recommended landscaping for area not shown on landscape plan. MOTION BY MR. RICHARDS AND SECONDED BY MR. BOWEN TO APPROVE LANDSCAPE PLAN WITH THE FOLLOWING STIPULATIONS: 1. PLANTING AREAS ALONG THE EAST AND WEST PERIMETERS BE IRRIGATED IN AN ACCEPTABLE MANNER. 2. SIDEWALKS ON EAST PERIMETER BORDER SOUTHCENTER PARKWAY; PLANTING ON EAST PERIMETER BORDER PARKING AREA. 3. CENTRAL LANDSCAPE STRIP ON SOUTHCENTER PARKWAY BE EXTENDED TO ENSURE NORTH CURB -CUT WILL NOT EXCEED 24' WIDTH, PER TMC 18.56.040. 4. SOUTHWEST PORTION OF LOT BE LEFT AS NATURAL VEGETATION. MR. RICHARDS WITHDREW MOTION AND MR. BOWEN WITHDREW SECOND. MOTION BY MR. RICHARDS AND SECONDED BY MRS. AVERY TO APPROVE LANDSCAPE PLAN WITH THE FOLLOWING STIPULATIONS: 1. PLANTING AREAS ALONG THE EAST AND WEST PERIMETERS BE IRRIGATED IN AN ACCEPTABLE MANNER. 2. CENTERAL LANDSCAPE STRIP ON SOUTHCENTER PARKWAY BE EXTENDED TO ENSURE NORTH CURB -CUT WILL NOT EXCEED 24' WIDTH, PER TMC 18.56.040. Z ES (-0 Mr. Don Dally Pacific Townhouse Builders Mariner Building 02 1370 Stewart Street, Suite 105 Seattle, Washington 93109 le Dear Mr. Dally: CC Q As you are aware, the City of Tukwila is in the process of forming an Q LID to improve 62nd Avenue South and South 153rd Street. This improvement • is scheduled to coincide with the need based upon the development of your property. An area of particular emphasis will be the improvement of verti- W cal and horizontal alignment at the intersection of 62nd Avenue South and South 153rd Street. Access from the southeast corner of your property is committed to the design of this intersection. During the rezone hearings, your engineers presented a proposal which was accepted, showing this southeast access to be a 50 -foot wide private right- of-way, the centerline of which would be an extension of the centerline of South 153rd Street. The provisions of the rezone authorized by Ordinance 1071 specified this concept. The point of this letter is that the design of your access should proceed N concurrently with the City's to assure compatibility and acceptability. As such, it is imperative that this office receive the necessary assurances W as the access proposed is under your control and can and will be built W as approved; and receive a site plan showing this access as designed for. CC review and approval. It would appear that it would be prudent at this time to require that this 03 assurance and site plan design be received prior to the City issuing any further approvals or permits on your project. W PUB, -'C WORKS DEPART ENT 6234 ' 3outheenter Bou lemk Tukwiva, Washington 96067 telephone C 206 ) 242-2177 October 24, 197. If there are any questions on the above or if I may be of any assistance, please do not hesitate to call me at 433-1855. Sincerely, TRM /dp cc: Mayor Bauch Kjell Stoknes, Director, 0.C.D.// Terence R. Monaghan, P. E.. Public Works Director CONCOMITANT ZONING AGREEr° Vegetation Preservation and Replacement 1. The developer shall retain all flora located in the R -1 zone north and east of the ridge line between the ridge line and the single - family lots (R -1 zone) and east of buildings 5, 6, and 8, in a natural growth preservation zone, as designated on the site plan. Trees may be selectively cut east of the ridge line in the R -2 zone where necessary for installation of improvements, although efforts shall still be made to preserve vegetation in the R -2 area. 2. To preserve the visual landscape buffer in the R -2 zone at the north edge of the property, the developer shall retain all flora within 20 to 25 feet south of the north edge of the property in the R -2 zone in a natural growth preservation zone, as designated on the site plan. 3. To enhance the visual landscape buffer between the project and the residential area to the north, the developer shall install and maintain in the natural growth preservation zone established pursuant to condition 2 above, additional conifers 10 to 12 feet in height when planted, where necessary to improve the landscape buffer. 4. The developer shall, insofar as practicable, retain additional vegetation in other natural growth preservation zones between buildings and other improvements in the R -3 and R -4 areas south of the ridge line. However, the developer may make limited cuts, if any, in those zones necessary for the installation of utilities. These additional natural growth preservation zones shall be designated on the site plan. 5. All natural growth preservation zones established pursuant to the above conditions 1, 2, 3, and 4 shall also be designated on the plat or plats of the property. The developer's restrictive covenants to be recorded shall provide that no owner or resident of the project may cut trees in that zone, except that the home - owners' association may authorize cutting or pruning required by death or disease of trees or by a hazard to safety.. The covenants shall also require maintenance of vegetation in the zones by the homeowners' association. 6. At the time each phase of the project is submitted to the Planning Commission for review, the developer shall stake all proposed building sites in that phase. The sites shall be inspected by an official from the Department of Community Development. After inspection, the developer shall make minor adjustments where feasible in the building locations in order to preserve as many trees as possible on the site. If conifers 4 inches or greater in diameter, or deciduous trees 12 inches or greater in diameter, measured 2 feet from ground 'level, must nevertheless be cut in connection with the construction of a building, the developer shall plant new trees on a 1 -for -1 replacement basis. Conifers and deciduous trees shall each be replaced by similar kinds of trees. Conifers when planted shall be from 10 to 12 feet in height. The developer shall include in the restrictive covenants to be recorded a provision for maintenance of all such planted trees by the homeowners' association. 7808230748 CONCOMITANT ZONING AGREEMENT EXHIBIT C Vegetation Preservation and Replacement 1. The developer shall retain all flora located in the R -1 zone north and east of the ridge line between the ridge line and the single- family lots (R -1 zone) and east of buildings 5, 6, and 8, in a natural growth preservation zone, as designated on the site plan. Trees may be selectively cut east of the ridge line in the R -2 zone where necessary for installation of improvements, although efforts shall still be made to preserve vegetation in the R -2 area. 2. To preserve the visual landscape buffer in the R -2 zone at the north edge of the property, the developer shall retain all flora within 20 to 25 feet south of the north edge of the property in the R -2 zone in a natural growth preservation zone, as designated on the site plan. 3. To enhance the visual landscape buffer between the project and the residential area to the north, the developer shall install and 00 maintain in the natural growth preservation zone established pursuant to =' condition 2 above, additional conifers 10 to 12 feet in height when planted, where necessary to improve the landscape buffer. 4. The developer shall, insofar as practicable, retain additional cD ::D vegetation in other natural growth preservation zones between buildings and other improvements in the R-3 and R =4 areas south of the ridge line. However, the developer may make limited cuts, if any, in those zones necessary for the installation of utilities. These additional natural growth preservation zones shall be designated on the site plan. 5. All natural growth preservation zones established pursuant to the above conditions 1, 2, 3, and 4 shall also be designated on the plat or plats of the property. The developer's restrictive covenants to be recorded shall provide that no owner or resident of the project may cut trees in that zone, except that the home - owners' association may authorize cutting or pruning required by death or disease of trees or by a hazard to safety. The covenants shall also require maintenance of vegetation in the zones by the homeowners' association. 6. At the time each phase of the project is submitted to the Planning Commission for review, the developer shall stake all proposed building sites in that phase. The sites shall be inspected by an official from the Department of Community Development. After inspection, the developer shall make minor adjustments where feasible in the building locations in order to preserve as many trees as possible on the site. If conifers 4 inches or greater in diameter, or deciduous trees 12 inches or greater in diameter, measured 2 feet from ground level, must nevertheless be cut in connection with the construction of a building, the developer shall plant new trees on a 1 -for -1 replacement basis. Conifers and deciduous trees shall each be replaced by similar kinds of trees. Conifers when planted shall be from 10 to 12 feet in height. The developer shall include in the restrictive covenants to be recorded a provision for maintenance of all such planted trees by the homeowners' association. Building Heights 7. The developer shall limit the height of all buildings in the R -4 zone to not more than 3 habitable stories. Access and Traffic 8. The City's Public Works Director must approve the road access to the property along 62nd Avenue South, so that access to the project will be compatible with the future design and grade of 62nd Avenue South. 9. The developer shall design access at the southeast corner of the project so that vehicular traffic will be routed south on 62nd Avenue South, despite the low probability of increased traffic along 153rd Street. The City shall install road striping and directional controls .to aid the routing of traffic south on 62nd Avenue South. 10. The developer shall participate in either a developer's • CO extension of 62nd Avenue South, or a local improvement district for the improvement of 62nd Avenue South, at the option of the City's Director of Public Works. itl/Sza Fj /G EXHIBIT C Page 2 AGREEMENT PURSUANT TO CITY OF TUKWILA ORDINANCE #1071 It is agreed between the City and developer that the following items will be complied with at a minimum during the construction phases of the development approved by the City Council in the rezone ordinance #1071. Further requirements consistent with existing city codes and ordinances may be instigated by City departments at such time as the developer submits a building permit. The responsible official reserves all rights to require mitigating measures in conjunction with the relevant laws related to the State Environmental Policy Act at the time of building permit application. The developer agrees to the following conditions and to comply with them pursuant to Ordinance #1071: 1. The developer shall design the storm water system to retain storm water to a ten year storm interval with the following objectives built in: a. Oil separators /water quality control b. Ground water recharge c. Controled outlets from ponds d. Outfalls to go into approved systems 2. The developer shall provide a trail connection from 52nd Avenue South to Tukwila Elementary School. 3. All construction, including grading and clearing activities, are to be substan- tially the same as Exhibits I- XII as contained in the Office of Community Development Planning Division Master File #MF- 78 -06 -R. No clearing or grading of the land is to occur until written approvals are received from the responsible official. Grading and clearing activities necessary for the installation and roads may commence upon approval of road and /or utility drawings by the Public Works Director. 4. Exterior finish of all buildings is to be consistent with the following: a. Four - plexes and smaller: Exterior finish is to be six or eight inch channel siding or comprable material. b. Structures larcer than four - plexes: Exterior finish to be combina- Mayor ATTEST c . d. -2- tion of stucco and cedar or stucco and brick, depending on building and fire code requirements. Carports to be of wood or comprable materials. T -1 -11 or comprable materials are not to be used in the exterior of any structures. 5. If it becomes necessary for the City to enforce the conditions of ordinance 11071 or this agreement, developer agrees to pay all city attorney fees if the City wins. Date On this day personally appeared before me • ' • ... • Agreed this and 4e6eAat • City Clerk /7N . /o / 7,? Date to me known to be the individual, or 'individuals described the within and foregoing instrument, and acknowledged that as their free and voluntary act and deed, for the uses and mentioned ' Gi v..ep •under my hand and official seal this /0- day of Q,l.(.l ua f , 1978. ( C Y Notary Public in and for t e tae of Wash- ington, residing at / day of , 1978. Date i��•, /G / 97g_ R i. ck.a rk ... {4. Ct ar in and who executed they signed the same purposes therein • t 1071. Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING of 1. day of inclusive, and that such nc scribers during all of saic charged for the foregoing has been paid in full at the first insertion and per f■ insertion. — Western Union Telegral adopted by the newspap V.P.C. Form No. 87 s s. Tlt.e.odo.xa....T):tun y being first duly sworn on oath, deposes and says that ...:111.e. is the .(; li.: C. •..0 of THE RENTON RECORD - CHRONICLE, a newspaper published four (4) 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 news- paper 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 Renton 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 Ordinance Number as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period Public Notices Public Notices CITY OF TUKWILA - .2.0 day of....A11. .ui WASHINGTON ORDINANCE NO. 1071 AN ORDINANCE RECLASSIFYING CERTAIN PRO- PERTY FROM R -1 -12.0 AND R -3 TO R- 1 -9.6, R -2, R -3, and R-4 WITHIN THE CITY OF TUKWILA AS CON- TAINED IN THE PLANNING DIVISION MASTER FILE NO. 78.06 -R. WHEREAS, A draft environmental Impact statement has been distributed to all affected parties and agencies; WHEREAS, Comments have boon received on the draft environmental Impact statement and a hearing on the draft EIS held at the Planning Commission on 27 April 1978; WHEREAS, A final onvironmontal impact statement has been issued on 7 June 1978 which responds to Issues raised during the comment period; WHEREAS, the Planning Commission at their 25 May 1978 regular meeting and after holding a public hearing has recommended approval of the rezone conditioned upon fulfillment of eight (8) stipulations; WHEREAS, The City Council has duly considered the Subcct'ibed and sworn to bet environmental impact of the proposed action and the recommendation of the Planning Comission. August 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the property described in tho attached Nora legal description (Exhibit "A ") and as shown on the attached site map (Exhibit "B ") Is hereby reclassified to R- 1 -9.6, R -2, R -3, and R -4 as depicted on the map in Exhibit "B ". Section 2. The rezoning to R- 1 -9.6, 11-2, 8 -3, and R -4 is 'subject to the following stipulations: — Passed by the Legislatur a. Each phase of development shall provido the same 9th, 1955. proportion of open space identified for the overall development, exclusive of the R -1 district. Each phase of development shall not exceed the density Identified for the overall development, exclu- sive of the 8-1 district. c. Full application for Preliminary Plat of the entire R '; district shall be made prior to issuance of any building permits for structures within the remainder of the 12- acre site. A final Plat of said R -1 district must be properly recorded prior to issuance of any occupancy permit for any structures on the remainder of the 12- acre site. d. Within the R -1 district, rho layout of lots and b. PuNir., Notices Public Notices iments and width of street(s) shall be determined ie time of subdivision review, irrespective of the '. general layout depicted in the FEIS; provided,' howover, any street or roadway within the R -1 district t. shall not provide for vehicular movement from any multiple - family structure through the R -1 district. o. All mitigating measures Identified by the Final EIS and as required by tho Responsible Official shall be `. assigned to Dash phase of development. • f. Planning Commission review of detailed site, eieva -' tion and landscape plans, to Include building and landscape materials, prior to Issuance of respective building permit. The express purpose of such review is to ensure each phase or portion of development is in general conformance with the overall development plans in Planning Division Filo No. MF 78.06 -R and that each phase or portion of development is complementary to the other phases or portions of development. In the event that construction of any proposed structure has not begun within 24 months of the effective date of this reclassification then said reclassification shall revert to tho present designa- tions (R -1 -12.0 and R-3) on that portion not platted for single - family residential; provided, howover, the City Council may grant a single, 12 -month extension to the time period expressed hereinabove. h. All provisions, conditions and stipulations enumor- rated horoln shall be recorded in the records of the King County Department of Records and all such provisions, conditions and stipulations shall be . deemed to be attached to and run with the land and shall be binding upon all heirs, successors and assigns. Satisfactory preformance by the applicant of terms and conditions substantially similar to the concomit- ant zoning agreement, a copy of which is attached (as Exhibit C) hereto and by reference incorporated horoln. Section 3. The report of the Planning Commission is adopted by reference as though fully set forth herein. Section 4. Tho zoning map adopted by reference by Ordinance No. 251 is hereby amended to reflect the changes by rezoning action taken in this ordinance. Section 5. The City Clerk Is directed to record a copy of this ordinance and attachments with the King County Department of Records and Elections. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this 7th day of August, 1978. 9. Edgar D. Bauch Mayor ATTEST: Maxine Anderson City Clerk Approved as to Form: Lawrenco E. Hard Deputy City Attorney Published in The Renton Record - Chronicle August 20, 1978. T1353. EXHIBIT "A" LEGAL DESCRIPTION OF SiTE Lots 8, 9 and 10, Interurban Addition to Seattle, together• with vacated right -of -way of former South 152nd Street. Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. The.or3.DX ....Thun.e.y being first duly sworn on oath, deposes and says that . .sh.e. is the .C.11.i of THE RENTON RECORD - CHRONICLE, a newspaper published four (4) 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 news- paper 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 Renton 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 isa Ordinance Number 1071 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of consecutive issues, commencing on the 2.f dayof.... 1►.1.tq.ua. , 19.7.61..,. , 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 $54...1 which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. Subsctiibed and sworn to before me this 20 day of Augukt 19 78 V.P.C. Form No. 87 Chief Clerk Notary Public in and for the State of Washington, residing at Ltdi, King County. Auburn — 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. i) Notices Public Notices iments and width of street(s) shall be determined ;,ie time of subdivision review, irrespective of the general layout depicted In the FEIS; provided,' however, any street or roadway within the R -1 district shall not, provide for vehicular mt)vernent from any multiple- family structure through the'R -1 district. 0. All mitigating measures identified by the Final EIS and as required by tho Responsible Official shall be assigned to oath phase of development. , f. Planning Commission review of detailed site, eleva- tion and landscape plans, to include building and landscape materials, prior to issuance of respective building permit. Tho express purpose of such review Is to ensure each phase or portion of development is in general conformance with the overall development plans in Planning Division File No. MF 78 -00 -R and that each phase or portion of development is complementary to the other phases or portions of development. In the event that construction of any proposed structure has not begun within 24 months of the effective date of this reclassification then said reclassification shall revert to the present designa- tions (R -1 -12.0 and R-3) on that portion not platted for single - family residential; provided, however, the City Council may grant a single, 12 -month extension to the time period expressed herelnabove. • h. All provisions, conditions and stipulations enumer ated herein shall be recorded in the records of the King County Department of Records and all such provisions, conditions and - stipulations shall be . deemed to be attached to and run with the land and shall be binding upon all heirs, successors and ' assigns. Satisfactory preformance by the applicant of terms and conditions substantially similar to the concomit- ant zoning agreement, a copy of which is attached ' (as Exhibit C) hereto and by reference incorporated heroin. Section 3. The report of the Planning Commission is adopted by reference as though fully set forth herein. _- .. x:1.S11ctkonok The_ gnI ado td b reference b Qty „gy po "” " iflect the be. le copy of County i lTY OF lereof this g. p. Bauch Mayor ATTEST: nderson ity Clerk together. Street. TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 5 ORDINANCES - Cont. Proposed Ordinance Ordinance #1071 - L -r6cl assi fyi ng property from R -1 & R -3 to R -1, R -2, R -3, & R -4. (Park Place, south of Tukwila School) MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance relating to transfers within the annual budget, provide for authority to contract or purchase goods and services, and repeal Ordinance No. 431 and 950. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. * Councilman Van Dusen asked for an interpretation of Section 1 of the Ordinance. Does "separate funds" mean transfers between line items within a department or transfers between departments? Mayor Bauch said it covers either one. Attorney Hard reminded Council of the TMC section that requires any transfers in excess of fifty dollars to be made by Ordinance. Mayor Bauch said this ordinance will repeal that section. Councilman Van Dusen said that he would like the ordinance to say if there are any transfers within funds that they be done by formal motion. Council should have control over the budget. Councilman Traynor said if Council authorizes the purchase of one particular item they do not want something else bought. Councilman Traynor suggested putting this ordinance back in the Conmitee of the Whole for further discussion. Councilman Johanson asked further about the wording of Section 1. Mayor Bauch said that RCW 35A.33.120 allows Council to control the transfer of money within separate funds without an ordinance. Right now, the TMC requires transfers by• ordinance and all ordinances have to be published. Councilman Van Dusen suggested defeating the motion on the floor and putting the ordinance in the Committee of the Whole. Councilman Harris asked if this is a one subject ordinance or are there two subjects here? It has to do with transfers and 'call for bids. Attorney Hard said this is probably all right; it deals with powers under the annual budget. Councilman Bohrer said he has no problem with the proposed ordinance. * ROLL CALL VOTE: YES - BOHRER, TRAYNOR NO - HARRIS, HILL, JOHANSON, SAUL, VAN DUSEN MOTION FAILED MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THIS ITEM BE REFERRED TO THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF AUGUST 14. MOTION CARRIED. Kjell Stoknes explained that the Park Place Rezone Ordinance came before Council on June 19, 1978, and was denied. At the July 10 Committee of the Whole meeting, Council passed a notion to reconsider the rezone request at the next regular Council meeting when all members are present. This is why it is �n the agenda. Mr. Don Dalley, 1370 Steward Street, Seattle, explained that, since the July 10 meeting, they have made more revisions to the site plan and further additions to the conditions for the rezone. The areas that were studied in more detail were tree retention, open space, screening to the north, the ridgeline demarcation, traffic and access at the intersection of 62nd Avenue South and South 153rd, retention and drainage area,and density and height. This is a quality designed project and it does comply with the Comprehensive Plan. TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 6 ORDINANCES - Cont. Ordinance #1071 - reclassifying property from R -1 & R -3 to R -1, R -2, R -3, & R -4. .(Park Place, south of Tukwila School) - Cont.. He further stated that they have decreased the density north of the ridge line to 3.8 units per acre. This is less than most single family neighborhoods in the Seattle area. Mr. Leonard Milbrandt, architect, 16301 N.E. 8th, Bellevue, explaine; that they have modified the area north of the ridge line to reflect spirit of the Comprehensive Plan. An area of 1.4 acres of open.'spac has been created between the R -1 and the R -3. There are 7 units per acre proposed for the duplex zone. Mr. Milbrandt explained the area where they propose to maintain the natural state in its entirety and the areas where they propose to have selective retention of trees. This way they would be able to maintain the intensity of vegetation, as close as possible, to that which now exists. The R -3 zone is the transition zone south of the ridge line. The density in the R -3 zon is 10.3 units per acre. The road on the north end has been revised it doesn't cross the highest point. The number of buildings have be cut down and moved further back from the ridge line. Another major point is that three stories will be the overall limit of height in t R -4 zone. They have talked with the developer of the property to th south concerning the access road. They are proposing to join toget and develop the access road centered between the two properties. Th have discussed cutting down the crown of the intersection by 5 to 10 This would still leave a reasonable slope of 10 percent up into the site. Mr. David Markley, traffic and transportation engineer, Transpo Group 23100 48th SE, Bellevue, said he was called in on this project beca of the special problems of concern regarding the access to and from the area. There are two distinct areas here, one single- family and one high density. They each have their own access system connected. by an emergency lane. The high density area will generate somewhere around 1,100 trips per day. This would mean about 110 trips during a one -hour period at the evening peak time. About 80 of the.trips will be entering the development and 30 exiting. Based on the desire to get to and from other areas, it is estimated that 95 percent of the people will want to go directly to Southcenter Boulevard. A few of the people will use South 153rd for recreational and social trips. The people in the single - family area will use South 151st and 62nd Av South exclusively. Mr. Markley referred to the street design submittl to Council. ; It is planned to help divert traffic down 62nd Avenue South and away from South 153rd. The design would prohibit anyone from exiting east bound. For safety reasons, they recommend regradini the intersection and cutting about five feet. They also recommend a yield or stop sign at the exit to .the development and a stop sign on South 153rd for west -bound traffic. Councilman Bohrer questioned the stop sign on South 153rd causing the stopping on an upgrade. Mr. Markley said this was to discourage tray on South 153rd. Mr. Dave Halinen, project civil engineer, 1950 112th N.E., Bellevue, reviewed the storm drainage system and the utilities for the site. Storm drain detention will be provided on site in the R -3 and R -4 zones even though there is no City ordinance that requires it. Storm water from the R -1 and R -2 areas will pass through an oil water separator before running into the existing drainage course. The fina design of the water and sewer utilities will conform to all city... requirements. Councilman Traynor asked if this development is going to put a strain on the present system? Mr. Halinen explained that the system, as it stands right now, has sufficient capacity to serve the domestic flow requirements for the site without any problem. In a fire flow situation, the very worst thing that could happen would be a decrease in pressure for domestic service. This would also happen if there was an emergency in any other place in the City. Water service to this site would make a negative impact on the rest of the City. TUKWILA CITY COUNCIL Ka—AR MEETING August 7, 1978 Page 7 ORDINANCES - Cont. Ordinance #1071 - reclassifying property from R -1 & R -3 to R -1, R -2, R -3, & R -4. (Park Place, south of Tukwila School) - Cont. , Councilman Van Dusen asked if the storm water surface run -off would flow back into the stream? Mr. Halinen said they are proposing on -site detention only in the R -3 and R -4 zones and this area drains to the south. In the R -1 and R -2 zones, the water will flow through an oil water separator prior to discharge into the stream. Councilman Saul expressed concern that they have already stated, and given reasons, why they voted for or against they project the first time. Councilman Harris asked what happens to the oil that collects and wasl told that it has to be cleaned out periodically. • Councilman Bohrer said he noted in the E.I.S. that the design conditic was a ten -year flood and asked if this was still the intent? Mr. Hali explained that the surrounding areas all use that and, through their , experience, this should be adequate. Mr. Robert Thorpe, Seattle Tower Building, spoke on research they have done on supply and demand for this type of units. At the present time the vacancy rate is less than 1 percent. On the demand side, there is considerable new development of businesses in the area drawing more people who need housing. Mr. Richard Wilson, attorney, 403 Columbia, Seattle, spoke on the A following four basic areas: 1. He asked Council to keep in mind what they have heard on the propo! development. They have done everything that has been asked. They have moved the buildings back from the ridge line, cut down the density of the entire project, established no -cut and growth presery tion areas, provided on -site drainage retention and have bent over backwards to get the best possible project for the site. 2. He noted minor changes in Sections 1 and 5 of the proposed conditic 3. He said that pages 26 to 30 of the E.I.S. discusses how this projec complies 99 percent with the goals and policies of the Comprehensiv Plan. Mr. Wilson cited examples of compliance with some of goals. 4. Finally, this proposal was recommended by the Planning staff and was approved unanimously by the Planning Commission. The Finding 1 of Fact in .support of the rezone should be reconsidered and the rezone should be granted. Attorney Hard told Council he is concerned about the integrity of this process. They have already heard this matter and have voted. The developer is back asking Council to reconsider it and you will vote again. The one thing you have to consider is the Appearance of Fairness Doctrine. He stated that the applicant has the right to have this request: considered impartially, objectively and as fairly as you can possibly do it. He asked each Council Member to remember this. Each council person must think about his own attitude toward this project.' If you cannot be objective, fair or detached about this project, that you refrain from considering this matter and from casting a vote. If this proceeding is challenged and it were found that someone violated the Appearance of Fairness Doctrine, your decision would be void. You all have to be aware of this. The law is developin rapidly in this area. He asked Council if anyone of them feels they cannot consider this matter objectively and impartially, they should disqualify themselves at this time. He further asked Mr. Wilson and the audience if they feelthat':someone on the Council has violated the Appearance of Fairness Doctrine to express their concern at this time. TUKWILA CITY COUNC�_ n JLAR MEETING August 7, 1978 Page 8 ORDINANCES - Cont. Ordinance #1071 - reclassifying property from R -1 & R -3 to R -1, R -2, R -3, & R -4. (Park Place,. south of Tukwila School) - Cont. Attorney Hard said that in casting the vote again this time, each Councilmember will have to state the reason for their decision. Councilman Johanson commented that they have just seen a presentatic1 on a terrific development but reminded Council that the request befc! them is for a rezone. It is an upgrading of the intensity of the la He expressed concern about being objective over the developers: rights and asked about the rights of the existing property owners. You cannot give up on this either. The voters want a good control over developments. He said he felt he is being very objective: Mr. Wilson said, for the record, that he has not researched what has been said in the past. They cannot say whether there has been a violation of the Appearance of Fairness Doctrine until a Court says s He said he felt he cannot, at this time, be put in the position of "speak now or forever hold your peace" because they do not know. They cannot say who has been fair and who has not and he asked Counci to be as objective as possible about their project. Mayor Badch explained that under the rules of the Council, this will take a reconsideration of the vote and the motion must come from a person who voted on the winning side. MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCIL RECONSIDER THE VOTE ON THE REZONE ORDINANCE. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE I READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney read an ordinance reclassifying certain property from R -1 -12.0 and R -3 to R- 1 -9.6, R -2, R -3, and R -4 within the City 0 Tukwila as contained in the Planning Division Master File No. 78 -06 -R MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ORDINANCE NO. 1071 BE APPROVED AS READ WITH ADDING THE TEN CONDITIONS. * Councilman Traynor said he needs assurance that what they have said this evening is included. Mr. Wilson said he certainly hopes everything is included. In addition, if there is anything they have said that is not there, they would be glad to put it in. The applicant would be willing to make the rezone subject to the proposal as presented tonight. Mayor Bauch asked if the site plan presented tonight is the correct one? The plan shows 179 units. Mr. Milbrandt said the one they have shows 180, but they would drop one unit so this is the current site plan. Mr. Stoknes said if this is approved tonight, he will stamp it the official site plan. Councilman Bohrer told the applicant he appreciates their efforts, but he still has two problems with the proposal: 1. He has the same concern as Councilman Traynor; he is not sure what the proposal is. He would like to see the ordinance redrafted to include all of the updated conditions so both parties know precisely what has been talked about. 2. The second problem is maintaining the principle of the Comprehensiv Plan. The principle is no different than any other in that the multiple family area should not come over the crest of the hill toward the current single - family area and the R -2 zone does this. He would be happy with the proposal if the R -2 and the R -3 north of South 152nd Street were zoned R -1. • TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 9 ORDINANCES - Cont Ordinance #1071 - reclassifying property from R -1 & R -3 to R -1, R -2, R -3, & R -4. (Park Place, south of Tukwila School) - Cont. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE AREA INDICATED AS R -2 ON THE AMENDED ZONING PLAN PLUS THE PORTION OF THE AREA OF THE R -3 ZONE NORTH OF SOUTH 152ND STREET BE DESIGNATED AS R -1.96. ** Councilman Hill said the R -2 seems more compatible for this area. Councilman Traynor said if you build homes in there you might lose the buffer zone. They have made a good attempt here to not scrape the hill. If we lose the buffer, it would open up the visibility to the whole site. Mr. Milbrandt said the main reason for the transition where it is, is because of the grade differential between the northeast corner and the northwest corner. There is about 75 feet difference in a 400 foo run. The R -2 is a suitable usage in this area because it provides a transition. Councilman Traynor said when he approves the zoning, he is also appro the plan. If this plan isn't the way it will be developed, he isn't in favor of it. ** MOTION FAILED WITH SAUL AND BOHRER VOTING YES. Mr. Stoknes suggested adding an Item 1 that says "Provide a trail . connection between 62nd Avenue South and Tukwila Elementary School to implement a portion of the Tukwila Park and Open Space Plan." Mr. Wilson agreed that this is a reasonable request. Councilman Traynor said he is concerned about the guide lines to be used on the selective retention. Mr. Milbrandt read Item 6 which provides for evaluating and retaining or replacing the trees. Councilman Bohrer said he is still confused over what Council is voting on. He suggested putting the package back together into a completed form and bringing it back to Council. Councilman Traynor agreed he would like to see the revised document. Mr. Wilson said it would be helpful if they were told what particular areas Council is concerned about. They feel everything is included in the conditions. Councilman Bohrer said a couple of things are; the current draft of conditions are incorrect in a couple of places; he would like to see the site plan updated and attached to the ordinance; the drainage and oil separator, as discussed, are not included. He said he would like to see this all written down. Councilman Van Dusen asked Attorney Hard where the City stands if the do not comply with everything they have agreed on. Attorney Hard said this is just the first stage. The City is going 1 have ample opportunity to review and monitor to make sure things get done. These things can all be made a part of the official record. They have said, on record, they will do certain things. To a certair extent, good faith has to apply here. Councilman Johanson said we need all the conditions set down in writi for the record. Attorney Hard said they say everything is in the record but a.couple of things that have been read into the record. If the water retentic capabilities of the plan are not included, they have said they are willing to make it a part of the rezone. Mr. Dalley offered that the designing of the water retention system more technical and could be part of the engineering. Mr. Thorpe saic the drainage system is discussed on Pages 12 and 50 of the E.I.S. TUKWILA CITY COUNCIL( '\R MEETING August 7, 1978 `.. Page 10 ORDIUANCES - Cont. Ordinance #1071 - reclassifying property from R -1 & R -3 to R -1, R -2, R -3, & R -4. (Park Place, south of Tukwila School) - Cont. RECESS: 10:25 P.M. - 10:30 P.M. * ROLL CALL VOTE: BOHRER - NO: The reasons are that he is unsatisfied with the state of the package presented for a decision and the time to consider the extensive chang has been inadequate. He also feels that the plan violates one of the precepts of the Comprehensive Plan; it brings the multiple - family ar over the crest of the hill and it is an exceedingly bad precedent to establish. HARRIS - YES: The project conforms to the thought of the Comprehensive Plan as it w expected to be. It is a good project and will serve as a pattern for others. HILL - YES: The proposal meets the Comprehensive Plan. The Comprehensive Plan do not draw lines; it should be more flexible to suit conditions. The builder has demonstrated a willingness to work with the City to meet the conditions asked for. He stated he is going to rely on staff to bring anything back that doesn't comply. JOHANSON - YES: For the primary reason that the neighborhood area I was concerned abo is going to be disrupted anyway. Another development that is going to exit directly onto my street. This looks like a pretty nice plan. SAUL - NO: Because a rezone, is a rezone, is a. rezone. It is a nice plan. He. is not bound by the Planning Commission vote. There is a need for housing but we don't have to rezone property to produce this 180 units. It does not concur with the Comprehensive Plan; the R -2 zone comes over the crest of the hill and sets a precedent. . TRAYNOR - YES: He agreed with Councilman Bohrer that the packet is a terrible thing be voting on. It is not specific enough. It is hard to know how to direct staff, to tell them how far to adjust. They have accomplished what I have set out to and that is to buffer that area with trees. I hope staff has a good guideline. here; I don't want the trees cut dow I don't like the packet because I'm not entirely positive what I am voting on. Based on the fact that the tapes are part of this and also all of the papers here, we will see a completed packet: VAN DUSEN - YES: My feelings on this are some of the things that everybody has said already. There are too many developments up there but this was due t previous Council people. The development is over the hill but I beli Mr. Smithis already over with his development. This package meets the goals of the Comprehensive Plan. It has been a good plan from th start but has been made better by the concessions made by the developer. If the quality,of the development is as good as the presentation, it will be an excellent development. * MOTION CARRIED. COUNCIL DECLARED A FIVE MINUTE RECESS. Mayor Bauch called the regular meeting of the City Council back to or with all Councilmembers present as previously recorded. EXHIBIT "A" LEGAL DESCRIPTION OF SITE Lots $, 9, and 10, Interurban Addition to Seattle together with vacated right —of —way of former South 152nd Street. .,00111: - VAN •Annture.11.1 ....In ter, tocele. t • !i-."%!-0 H Irian 14.4. • c. EU 1 D.- „. "...\ , 1 ' •• "\ ,4.4-• ' ,,,...\...., ........., - -....:.. - .. ..., \' ,s `1".-e ..- ., '1 1 . ' \ ' \4 \. \ `, .-. . • .. 11 • •- ..., , I\ ,, 1 •. . \, , \ I „"... \ t \ 1 --;1 ------- . , l i \ A \ '• \ e, 1•• •••1•51. .emEr...vs-rwce 'etiti.tx. - , \ ; " i 1 \ i \ ■ \ \ \ ' i , • \ --...? 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"'C' ).j (c . .1 rd:qgLialf.d c, .. 1 7 7, ■ 1. \ \ e . .. -. • w 4 d tit . tit b u 0 . 1..i .9 . --- in c g a . ks --.... •C`•••••-•• ..,„, S 1 0 i 1 4 ee 7 ,;;;;1•.'1 1 • :t.t:nesisno xlyvann.trar.,40.2.4.0,*aapecletae • - •" - • • • - 77 7 7. 0 z re - --- • C ' ' ' . \. • - - i .•••• \,..) .... . : ..,... i\ 1; A, --•. - ••••• •••• — • ' ..... • • 1, .---->; . . 1 J \ • ' ,........p......... , \....._\. , ....... ..,_ i ..-....:.—.....,.. v.:" • er...... :. .77e e'l r V: ,••-•:....": • - ..T.:4 - =...41 - .1r.= 4.7•■•V7.:7,, ,.... • • ,,,,,,..,,,,,=•.......„,..... .,,,,,,,,,,,, , • ... \ ..1.,,, •:,-,=...,,,..2.,.ve!,..",r .or.r.,./1.,174:•‘",c:.-.:C.,3,.:.e..,.:117.1,,...siJ .V. . , , "" ..1:20 "" 6" 311 " 1:- M r 1: CONCOMITANT ZONING AGREEMENT EXHIBIT C Vegetation Preservation and Replacement 1. The developer shall retain all flora located in the R -1 zone north and east of the ridge line between the ridge line the single- family lots (R -1 zone) and east of buildings 5, 6, and 8, in a natural growth preservation zone, as designated on the site plan. Trees may be selectively cut east of the ridge line in the R -2 zone where necessary for installation of improvements, although efforts shall still be made to preserve vegetation in the R -2 area. 2. To preserve the visual landscape buffer in the R -2 zone at the north edge of the property, the developer shall retain all flora within 20 to 25 feet south of the north edge of the property in the R -2 zone in a natural growth preservation zone, as designated on the site plan. 3. To enhance the visual landscape buffer between the project and the residential area to the north, the developer shall install and maintain in the natural growth preservation zone established pursuant to condition 2 above, additional conifers 10 to 12 feet in height when planted, where necessary to improve the landscape buffer. 4. The developer shall, insofar as practicable, retain additional vegetation in other natural growth preservation zones between buildings and other improvements in the R -3 and R -4 areas south of the ridge line. However, the developer may make limited cuts, if any, in those zones necessary for the installation of utilities. These additional natural growth preservation zones shall be designated on the site plan. 5. All natural growth preservation zones established pursuant to the above conditions 1, 2, 3, and 4 shall also be designated on the plat or plats of the property. The developer's restrictive covenants to be recorded shall provide that no owner or resident of the project may cut trees in that zone, except that the home - owners' association may authorize cutting or pruning required by death or disease of trees or by a hazard to safety. The covenants shall also require maintenance of vegetation in the zones by the homeowners' association. 6. At the time each phase of the project is submitted to the Planning Commission for review, the developer shall stake all proposed building sites in that phase. The sites shall be inspected by an official from the Department of Community Development. After inspection, the developer shall make minor adjustments where feasible in the building locations in order to preserve as many trees as possible on the site. If conifers 4 inches-or greater in diameter, or deciduous trees 12 inches or greater in diameter, measured 2 feet from ground level, must nevertheless be cut in connection with the construction of a building, the developer shall plant new trees on a 1 -for -1 replacement basis. Conifers and deciduous trees shall each be replaced by similar kinds of trees. Conifers when planted shall be from 10 to 12 feet in height. The developer shall include in the restrictive covenants to be recorded a provision for maintenance of all such planted trees by the homeowners' association. Building Heights 7. The developer shall limit the height of all buildings in the R -4 zone to not more than 3 habitable stories. Access and Traffic 8. The City's Public Works Director must approve the road access to the property along 62nd Avenue South, so that access to the project will be compatible with the future design and grade of 62nd Avenue South. 9. The developer shall design access at the southeast corner of the project so that vehicular traffic will be routed south on 62nd Avenue South, despite the low probability of increased traffic along 153rd Street. The City shall install road striping and directional controls to aid the routing of traffic south on 62nd Avenue South. 10. The developer shall participate in either a developer's extension of 62nd Avenue South, or a local improvement district for the improvement of 62nd Avenue South, at the option of the City's Director of Public Works. 2 - EXHIBIT C Page 2 It is agreed between the City and developer that the following items will be complied with at a minimum during the construction phases of the development approved by the City Council in the rezone ordinance #1071. Further requirements consistent with existing city codes and ordinances may be instigated by City departments at such time as the developer submits a building permit. The responsible official reserves all rights to require mitigating measures in conjunction with the relevant laws related to the State Environmental Policy Act at the time of building permit application. aO The developer agrees to the following conditions and to comply with them pursuant to Ordinance #1071: co 1. The developer shall design the storm water system to retain storm CD water to a ten year storm interval with the following objectives built in: a. Oil separators /water quality control b. Ground water recharge c. Controled outlets from ponds d. Outfalls to go into approved systems 2. The developer shall provide a trail connection from 52nd Avenue South to Tukwila Elementary School. 3. All construction, including grading and clearing activities, are to be substan- tially the same as Exhibits I - XII as contained in the Office of Community Development Planning Division Master File #MF- 78 -06 -R. No clearing or grading of the land is to occur until written approvals are received from the responsible official. Grading and clearing activities necessary for the installation and roads may commence upon approval of road and /or utility drawings by the Public Works Director. 4 . Exterior finish of all buildings is to be consistent with the following: a. Four - plexes and smaller: Exterior finish is to be six or eight inch channel siding or comprable material. b. Structures larcer than four - plexes: Exterior finish to be combina- AGREEMENT PURSUANT TO CITY OF TUKWILA ORDINANCE #1071 State of County of ) and E bath, to me known to be the individual, or individuals described in and o executed wh executd .. the within and foregoing instrument, and acknowledged that they sinned the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this /6 day of atuAtt 1978. Mayor 5. If it becomes necessary for the City to enforce the conditions of ordinance #1071 or this agreement, developer agrees to pay all ci ty attorney fees if the City wins. On this day personally appeared before me Pi. chztr T7. 6 1 ( 1 (044 • Agreed this / day of � � , 1978. /9/3a4-‘c-t ATTEST c2 City Clerk : ss -2- tion of stucco and cedar or stucco and brick, depending on building and fire code requirements. c. Carports to be of wood or comprable materials. d. T -1 -11 or comprable materials are not to be used in the exterior of any structures. Date Date Date /5 / J Notary Public in and for the tae of Wash- ington, residing at t2 (.14424 O. C.D. CITY CT lur;,:ua JUL. 1 8 1874 FINDINGS OF FACT: ROUGH DRAF IeSoUrd pa ®� Pteo, Florpin CIT OF TUKWILA � , u '� or y �rt 1 CITY COUNCIL �OI� FINDINGS OF FACT AND CONCLUSIONS REGARDING CHANGE OF ZONING CLASSIFICATION AT On June 19, 1978,1\a public meeting of the Tukwila City Council, the Council considered passage of a proposed ordinance entitled "An Ordinance Reclassifying Certain Property From R -1 -12.0 and R -3 to R- 1 -9.6, R -2, R -3 and R -4 within the City of Tukwila As Contained In The Planning Division Master File No. 78- 06 -R ". After reviewing the provisions of the proposed ordinance, the minutes of the Tukwila Planning Commission meeting of May 25, 1978, the report of the planning super- visor of the City of Tukwila Office of Community Development dated July 8, 1978, the final environmental impact statement and oral presentations of various persons speaking in behalf of the applicant, the City Council makes the following findings of fact and conclusions in support of its decision to deny the request for zoning reclassification. 1. This proposal is known as the "Park Place Rezone" application. 3. Legal description of site: 7. Utilities to the site include: -2- 2. The applicant is Dick Gilroy, Northward Development Co., 1115 - 108th Avenue N.E., Bellevue, Washington, 98004. Lots 8, 9 and 10, Interurban Addition to the City of Seattle 4. This 15 -acre site is situated adjacent to the west line of an unimproved portion of 62nd Avenue South between South 151st Street and South 153rd Street in the City of Tukwila (see Exhibit "A" attached to OCD Staff Report, dated June 8, 1978). 5. The site is generally composed of bedrock and fill, providing good bearing capacity; contains significant groupings of substantial trees; reflects an extreme range of topography and two small natural pond areas (see Page 34, Exhibits 6, 8 and 10, FEIS). 6. Access to the site is gained by 62nd Avenue, 59th Avenue, South 151st Street, South 152nd Street and South 153rd Street (see Page 22, FEIS). A. Electrical power available from Puget Sound Power & Light Co. B. Natural gas available from Washington Natural Gas Co. C. The City of Tukwila provides water service for the property. Water is available at the northeast corner through an existing 8 -inch main . located in the 152nd street right of way. A 6 -inch water main is also available. (See Page 70, Figure 12, FEIS.) D. The City of Tukwila and Metro provide sanitary sewers in the vicinity of the property. An existing 8 -inch sanitary sewer is at the northeast corner. An existing 8 -inch line seves the new City Hall property on 62nd Avenue South. The latter line would be required to be R -1 -9.6 R-2 R-3 R -4 extended as a part of 62nd Avenue South improvements. Any sewer extension would be through an LID or Developers extension agreement and sized to fit engineering requirements (i.e., 8 inches is prelim- inary). The proposed sewer improvement would serve three major properties in the area. (See, Page 70, Figure 13, FEIS.) E. No storm drainage system exists on the property. Runoff from major portions of the site travels to the east down an existing drainage channel under Southcenter Parkway to a point where it joins an existing stream bed that flows easterly along I -405 into the Green River. 8. Surrounding land uses are primarily residential and include classifications of R -1 -12.0, R- 1 -9.6, R -3, R -4, RMH, and P -F (see Exhibit "A" attached to OCD Staff Report dated June 8, 1978). 9. The Land Use Map of the Comprehensive Policy Plan promotes a gradation of residential density and bulk from high density in the southwesterly portion to low density in the northeasterly portion of this property. (see Land Use Map, Comprehensive Land Use Policy Plan). 10. Approximately 12.5 acres of the site are currently classified R -1 -12.0 (Single - family, 12,000 square foot minimum lot size), while the remaining 2.5 acres in the southwest half of Tract 10 are classified R -3. (See, Page 22, FEIS) 11. The proposal includes a "planned" development within the respective zones as follows: ZONE LAND AREA 3.19 acres 10 2.23 acres 18 3.15 acres 32 6.16 acres 139 (See Appendix D, FEIS) -3- # UNITS DENSITY 3 /acre 8 /acre 10 /acre 22.5 /acre BULK SFD Duplex 4 -plex Apartments 12. Proposed development of the property is to be accomplished in phases, from south to north (high density to low density), over a three -year period. 13. The 10 single - family lots at the northeast corner are proposed to be served by a cul -de -sac dedicated to the City as a part of subdivision. 14. A private cul -de -sac extending northwesterly from 62nd Avenue is proposed to serve the remaining 12 acres of multi - family structures. Alternative access provisions are depicted. 15. Applicable policies of the Comprehensive Plan are notes on Pages 26 through 31, FEIS. CONCLUSIONS: 1. The proposed classifications and development, in terms of bulk and density, do not reflect the transitions promoted by the Comprehensive Plan. 2. No adequate provision has been made for drainage of the property for use as proposed in the rezone application. 3. The structures contemplated by the proposed project would be excessive in terms of height and bulk and would not be aesthetically compatible with surrounding property uses. They would be detrimental to existing property users in the vicinity of the property site. 4. The proposed means of providing access to the site and providing for traffic circulation are inadequate and may present safety hazards to residents at the site and neighboring property owners. 5. The proposed slopes of certain streets and other access routes are too steep and unsafe for transit by emergency vehicles. 6. The proposed rezone would increase the density of persons living in the area of the property above a number which can be adequately served by the City's utility and public safety services without a major commitment of additional City resources. Based on the foregoing findings and conclusions, the City Council of the City of Tukwila votes 4 to 3 to deny the requested zoning reclassification. -4- PARKS d RECREATION PLANNING BUILDING Aie 20 June 1978 Mr. Dick Gillroy Northward Development Company 1115 - 108th Avenue N.E. Bellevue, Washington 98004 RE: Park Place Rezone Very truly yours, 11 Stoknes, Director . Office of Community Development KS /ch cc: R. W. Thorpe & Associates 815 Seattle Tower 3rd at University Seattle, WA 98101 MF #78 -06 -R CITY ©f `Ii"L9KU 'IILA OFFICE of COMMUNITY DEVELOPMENT Dear Mr. Gillroy: This letter is to inform you that the City Council at their regular meeting of June 19, 1978 denied your rezone request on your property located in the vicinity of 62nd Avenue South and South 51st Street. The above - referenced rezone request was a multirequest involving R -1, R -2, R -3 and R -4 zoning categories. All four (4) category requests were denied. 6230 Southcenter Boulevard ■ Tukwila, Washington 98188 r (206) 242 -2177 Par Place Rezone, r•quest for special meeting 'ITY COUNCIL REGULAR /, 1978 CITIZENS' COMMEr ;•S 208 Areawi de Water Quality Plan STING * MOTION CARRIED. J' J (3LIC HEARINGS - Cont. / MOVED BY HILL, SECONDED BY VAN DUSEN THAT THIS ITEM BE PLACED IN THE Corridor Study - PUBLIC WORKS COMMITTEE. * Cont. • Councilman Hill commented it needs more study and more input. Council Bohrer questioned Item 2, "Increase in traffic accidents by 2 to 5 times by installation of traffic light at 58th." Mr. Monaghan said it is the type of accidents. The Highway.Department has analyzed the incident at certain intersections. There is an increase in rear- end accidents when you put a light in. Councilman Johanson noted there are already two lights on Interurban. This one certainly wouldn't have the impact an only light would have. Six -Year Street This being the time and date advertised for input on the Six -Year Improvement Program Street Improvement Program, Mayor Bauch declared the Public Hearing open. There being no comment for or against the Program, Mayor Bauch closed the Public Hearing. He commented that the Program is not a binding document. The state law requires the long -range planning. LID #27 i' Bauch reopened the Public Hearing on the final assessment roll for LID #27 to allot- new input. Mr. Jack Link, 1411 4th Avenue Building, said he is vice - president of Tri -Land Corporation and Mesabi Western Corporation. He stated that there seems to be some concern on the Council whether the City should participate in the LID. He noted that Council rejected all bids on the 1978 Street Improvement Program because the bids were too high. this is as it should have been. The preliminary assessment on LID r27 came in at $300,000. The final came in at $500,000. Council never considered the fact that the property owners were going to pay the bill. He said that the City should become involved in the difference in the two assessment figures and not just for a token amount. If the engineering estimate was wrong then the engineers should become involved Those that have to pay the bill didn't have a chance to ask Council to take another look. More people would have objected had they known it was going to increase by over 80 percent. It is not a matter whether Council should participate or not, they should participate more. There being no further comment, Mayor Bauch closed the Public Hearing. Mr Don Daily, 16112 41st NE, is a partner in the firm requesting a rezone on property located south of Tukwila School. Mr. Dally asked that the Park Place rezone be continued to a Special Meeting next week on July 24, 1978. Three weeks delay to the next regular meeting would really hurt. He invited Council to visit three of Northward's develop- ments. They have all taken into account the retention of trees, puffer zones, and landscaping. PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS MOVED BY VAN DUSEN, SECONDED BY SAUL, TIIAT COUNCIL ADOPT THE FORMAL STATEMENT, AS PRESENTED, ON THE 208 AREAI•IIDE WATER QUALITY PLAN. * Councilman Hill asked if there was some way to force all parking lot cat basins to have some means of trapping the oily run -off before it flows down the P -17 channel. Mr. Monaghan said that the 208 Plan does imply and encourage the need for a drainage ordinance. Mayor Bauch stated that in an agreement with the County, the City agree( they would consider a drainage plan within 120 days. * MOTION CARRIED. IUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 12, 1978 Page 2 Ordinance regulating the construction, maintenance and operation of a cable communica- tions system within the City - Cont. Data Processing Project ark Place Rezone: 'From R -1 and R -3 to R -1, R -2, R -3, and R -4. Property south of Tukwila School Councilman Harris asked how widespread the purchasing of televisio 'r from the cable companies is at the present time. Mr. Kirk said that ,' the Washington area, it is minimal, but it is affecting the industry in Councilman Harris wondered if they are worrying needlessly because the gas and power companies have sold appliances for years and it doesn't SE that they have put any appliance stores out of business. Mr. Kirk statE he is not immediately worried but concerned for a future aspect. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE FOLLOWING PARAGRAPH BE •INCLUDED IN THE ORDINANCE: No Grantee nor any major stockholder of a Grantee shall directly or indirectly engage within the City in the business of selling, leasing, renting, servicing or repairing radio or television sets or other receivers or parts thereof which make use of standard broadcast entertainment signals, provided that nothing therein shall prevent Grantee from making modifi- cations to the tuner input circuit of the subscribers tele- vision receivers and the fine tuning of the customers operating controls only, to insure proper operation under conditions of cable connection at the time of installation or in response to subscriber complaints, or from the selling, servicing or repairing receivers and other equipment belonging to other CATV system operators for use in the conduct of their businesses. MOTION CARRIED. Councilman Van Dusen asked Mayor Bauch if he would see that the City Attorney reviews this item and he was assured he would. Mr. Hurd reviewed the rates and charges section. He explained that a partial form of rate regulation is being written in CATV ordinances in many cities so that if the local government wishes, the industry's rate! and charges may be reviewed and the use of a hearing examiner may be an option. Another form of rate regulation is, rates charged locally m; not exceed those charged in the surrounding communities. Two options have been submitted to Council so they can decide which they want included. The first option is a complete hearing process. The second is a shorter form that reads, 'The Grantee shall charge no more for basic services in the City than is charged by the Cable indust in surrounding areas.' Mayor Bauch reminded Council that under the franchise, they can hold a hearing and review the rates. MOVED BY SAUL, SECONDED BY HILL, THAT THE SHORT FORM ON RATES AND CHARG INCLUDING THE HEARING EXAMINER REQUIREMENT, BE INCLUDED IN SECTION 5 OF THE ORDINANCE. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HARRIS, THAT THIS ORDINANCE BE PLACED ON THE AGENDA FOR THE.REGULAR MEETING OF JUNE 19, 1978. MOTION CARRIED. Councilman Van Dusen called Council attention to the Committee report o the Data Processing Project. He stated that the requests for proposals for consultant services are ready to mail to about 25 firms. This is just an information gathering process. Kjell Stoknes, OCD Director, reported that the Planning Commission held public hearing on this rezone request and has recommended approval with eight stipulations. He went on to explain that the Comprehensive Map shows the property as being a small portion of multiple family to the south bordered by medium density, with the majority of it single famil to the north. The applicant had detailed contour maps done and demonstrated that their proposal, which showed more high density, was consistent with the policies. The majority of the property is buffered by high knolls that buffer it from the single family. It can easily b interpreted to be consistent with the Comprehensive Plan. :/ LA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING e 12, 1978 ge 3 Park Place Rezone: From R -1 and R -3 to R -1, R -2, R -3, and R -4. Property south of Tukwila School Cont. 8:00 P.M. Mr. Stoknes discussed the concept on the number of floors; basically, you can make a basement inhabitable and still not count it as a floor. He suggested making the following a condition of the rezone: "For the purposes of this rezone, any inhabitable basement or cellar area shall I defined as a floor." This is for the purpose of determining the number of floors only,not for fire - related requirements. Councilman Saul asked how many units per acre are planned? Mr. R.W. Thorpe, representing Northward. Development Company, referred to Page 57 of the Final Environment Impact Statement which shows an average of 13.19 units per acre. Councilman Traynor arrived at the meeting. Mr. Leonard J. Milbrandt, from the architect and planner firm of McCarty and Johnson, gave a slide presentation of the proposed site. T slides showed vegetation on the site and Mr. Milbrandt indicated that the proposed development covers only 49 percent of the site so a lot of the existing trees will remain. He discussed the greenbelt along the north property line and stated the school district has 60 feet of vegetation on their south boundary and the developer is proposing a minimum of 25 feet additional and in some places 40 or 50 feet. He discussed the access /egress down 62nd Avenue South and stated that the street would be widened and improved. He stated that they are trying t direct the traffic down 62nd Avenue and keep it off of South 153rd beca of the narrowness of the road. It would be hard to widen this street because of how the area drops off into the ravine. He discussed the regrading of the steep incline at the south end of the.nature trail and stated that the trail will be replaced in equal or better condition than it is now. Mr. Milbrandt gave Council copies of the floor plans for the proposed buildings and discussed the location of the buildings and the greenbelt areas. The main feeder road would run right down the middle of the property. To the north there is a fire lane from the cul -de -sac to the single family residence street. The lane will be blacked by a breakaway barricade. There is also an emergency exit to South 152nd that will be blocked by another breakaway barricade. The buildings hav been planned keeping sound and view in mind. The basement units were designed because of the grade level. The top unit will.be ground level on the west side. It looks like a one -story building at the back and a four -story building at the front. The height of the four -story build is 36 feet whereas the zoning ordinance limits height to 45 feet. There are only four units involved at the basement level that make the four - story buildings. The recreation center is part of Phase Iand incl tennis courts, a swimming pool and recreation building. Just north of the larger buildings there is a group of four piexes proposed. They ar two -story townhouse units. There are 9 duplexes proposed on the north- west corner and 10 single- family lots to the northeast. Councilman Harris asked about the single- family units. Mr. Milbrandt said they would be sold to individual builders with design restrictions on them. There will be a "no build" zone at the back of each lot as a buffer. Councilman Harris asked if this is all condominiums and not apartments? Councilman Van Dusen asked if there would be a rental covenant in the agreements? Mr. Dick Gilroy, Northward Development, stated the covenar governing control of the project does not allow investor purchases in the units. Mr. Milbrandt showed slides of other developments they have done, stres the landscaping and how natural trees were used. Mr. R. W. Thorpe stated that the conditions under the rezone have all been worked out with staff. This could be called a "Planned Unit Development" and could be used as a model for a PUD Ordinance. The density in each of the zones is: R -4 22 units per acre R -3 10 units per acre R -2 8 units per acre R -1 3 units per acre r • TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 12, 1978 Page 4 Park Place Rezone: From R -1 and R -3 to R -1, R -2, R -3, and R -4. Property south of Tukwila School - Cont. 9:05 P.M. - 9:15 P.M. Certification of Extensions to Sewers System. C These figures are the low end of all classifications. Mr. Thorpe briefly touched on many of the items discussed by Mr. Milbrandt. He stated that 50 percent of the site will be left in open space. They are proposing that all additional run -off be retained in underground facilities and released at the present rate to mitigate any impact on downhill systems. They met with the school district and find that the school can accon nodate the additional enrollment. In conclusion, Mr. Thorpe stated that the development does reflect the Comprehensive Plan and asked for Council approval of the project. Councilman Van Dusen asked about the letter from Mr. Floyd Robbins, principal of Tukwila Elementary School. Mr. Robbins expressed concern in regard to the potential walking students from the new development. The students will find the most direct route from home to school through the woods. Mr. Stoknes said his interpretation was that Mr. Robbins would prefer some type of safe trail system. Mr. Thorpe said a main concern was the lighting of the area and he offered to check with Mr. Robbins again before Monday night. Councilman Harris asked if the development meets the requirements of the Recreation Space ordinance and was told that'it absolutely did. Councilman Saul asked by allowing this rezone, what affect will it hay on the adjacent property? Mr. Stoknes said it will probably promote s . type of development with some single - family and some multiple residence. North of the San Juans Council will probably be pressured for multiple zoning. Councilman Saul asked if, from the present city hall parking lot, you will be able to see this development and was told you will probably be able to see some of the roofs. Councilman Harris stated this is the type of planning she had hoped to see for some time and she commended the developer. Councilman Johanson stated he would like some assurance the traffic isn' going to sail right down South 153rd to the Tukwila Park. Mr. Thorpe stated that once 62nd is widened and improved, they hope the traffic will go that way. Mayor Bauch stated that, regardless of the configuration of the road, people are going to take the shortest route. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THIS ORDINANCE BE PLACED ON THE AGENDA FOR THE REGULAR MEETING OF JUNE 19, 1978. MOTION CARRIED WITH JOHANSON VOTING NO. Council recessed for ten minutes. Council President Van Dusen called the meeting back to order with Council Members present as reported. Terence Monaghan, Public Works Director, explained that Metro is requiri certification from each jurisdiction on every sanitary sewer extension that will eventually get to the Metro system. They want the extension to be in compliance with the Comprehensive Land Use Plan. This means that if the City has an extension that is part in the county and part in Tukwila, both jurisdictions have to certify it. If it lies solely in the City, it does not have to be certified. The Resolution says that the certification shall be done by the legislative body or a designee. Since sewer extensions go through the Public Works Department, he is suggesting that he be appointed to certify all sanitary sewer extensions MOVED BY SAUL, SECONDED BY HARRIS, THAT A RESOLUTION BE DRAWN DESIGNATIN THE PUBLIC WORKS DIRECTOR TO CERTIFY ALL SEWER EXTENSIONS AND PLACED ON THE AGENDA FOR THE NEXT REGULAR COUNCIL MEETING. * Mr. Monaghan explained that the intent is to stop sewer extensions into land that is designated for a different use. Councilman Hill asked if this will give the City a lever to control the development in the County adjacent to the City. Mr. Monaghan said that is the intent of the • Resolution. Mr. Stoknes said this should help avoid the argument on rezoning because the sewer facility is there. * MOTION CARRIED. j CITY COUNCIL ,1 ,1, 1978 Ordinance #1066 - accepti ng a dedication of certain lands along the Green River for parks Ordinance x11067 - providing for the transfer of funds to increase the Civil Service Commission Budget Ordinance / /1068 - accepting donations for the Fire Department Aid Car Pr osed Ordinance - eclassifying certain property from R -1 & R -3 to R• -1, R -2, R -3, and R -4 (Park Place Rezone) REGULL MEETING / /'r )IN,c CES - Cont. / Ordinance ;x1065 approving and confirming the assessment roll of Attorney Hard said the assessment to the property Owner in LID #27 - be reduced by $1,100 but the City's assessment will increase by that Cont. amount. Nobody else will he affected by this. Cris Crumhaugh said that if you change the acres, someone has to pick up the $1,000. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE FINAL ASSESSMENT ROLL BE ADJUSTED BY NOT MORE THAN $1,100 AS RECOi•i;ENDED BY THE ENGINEER FOR THE PROJECT AND THAT THE CITY PAY THE $1,100. MOT ION CARRIED. * MOTION CARRIED TO ADOPT THE ORDINANCE AS AMENDED. question will' MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance accepting a dedication of certain lands along the Green River for park and related purposes. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT ORDINANCE NO. 1066 BE ADOPTED AS READ. * Attorney Hard read the following to be included as the third WHEREAS in the proposed ordinance. WHEREAS, the developer, acting under its own free will and volition and without any consideration or other inducement from the City, makes this dedication. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE WORDING GIVEN BY THE CITY ATTORNEY BE INSERTED. ** Councilman Bohrer said the developer requested that the ordinance show he was making the dedication freely. It has not been requested by the City. ** MOTION CARRIED. * MOTION CARRIED TO ADOPT THE ORDINANCE AS AMENDED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance providing for the transfer of funds to increase the Civil Service Commission Budget and amending 1978 Budget Ordinance No. 1045. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ORDINANCE NO. 1067 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Deputy City Attorney Hard read an ordinance accepting donations for the Fire Department Aid Car. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ORDINANCE N0. 1068 BE ADOPTEE AS READ. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THIS ITEM BE CONTINUED TO A SPECIAL MEETING ON 24, 1978. * Councilman Harris volunteered that she will not be present at that meeting and suggested the following Monday. Councilman Bohrer reminded Council that the motion was to place it on the agenda for the next regular meeting if all or the Council Members are present. * MOTION FAILED WITH }TILL VOTING YES. TUKWILA CITY COUNCIL REGULAR MEETING July 17, 1978 Page 8 ORDINANCES - Cont. Proposed Ordinance - MOVED BY SAUL, SECONDED BY BOIIRER, THAT THIS ITEM BE CONTINUED lc, reclassifying NEXT REGULAR MEETINNG OF THE COUNCIL. MOTION CARRIED WITH HILL certain property VOTING NO. from R -1 & R -3 to R -1, R -2, R -3, & R -4 (Park Place Rezone) - Cont. RESOLUTIONS Resolution /1639 - authorizing the Mayor to sign a developers agree- ment with Aiton and Lenhart to improve 53rd Ave. South Request for Executive Session DEPARTMENT REPORTS Nayor's Report Medic I Funding Meeting City Light Property Finance Director's_ Monthly Repo: EXECUTIVE SESSION 9:42 P.M. - 9:57.P.M. Resolution 1640 C C MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to enter into a developers agreement with Thomas Aiton to improve a portion of 53rd Avenue South. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 639 BE ADO:': AS READ. * Mr. Monaghan explained that the street is 53rd Avenue lying south of Southcenter Boulevard. Mayor Bauch said that Colonial II developed the east half of the street; this is the other half. * MOTION CARRIED Mayor Bauch called attention to the resolution on the table concerning Southgate Elementary School. He called for an Executive Session to discuss the negotiations that have taken place. Mayor Bauch announced a meeting to be held at the Renton Library on the funding of Medic I. He asked for a volunteer to attend the meeting. Councilman Harris offered to go. Mayor referred to a letter he had received from the City of Seattle requesting bids for the City Light property, including the pond. Minimu bid they will accept is $2,700,000. Councilman Harris read the monthly investment report submitted by Ron Swanson, Finance Director. Interest Income $ 33,761.40 Investments Sold 4,070,000.00 Investments Purchased 4,076,000.00 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Fishing in river along golf course Mr. Fred Shephard, audience, asked if there would be any change in the policy regarding steelhead fishing along the Golf Course? Mayor Bauch said they are not anticipating any. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL GO INTO EXECUTIVE SESSION. MOTION CARRIED. Session being held to discuss proposals on Southgate Elementary School. MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE EXECUTIVE SESSION BE CLOSED AND THAT THE REGULAR MEETING CONTINUE. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCILMAN VAN DUSEN READ THE PROPOSED RESOLUTION. MOTION CARRIED. Councilman Van Dusen read a resolution authorizing the Mayor to negotiat and execute an agreement with South Central School District for the sals . or lease or combination of the school facility known as Southgate Elementary School. PLANNING PARKS 5 RECREATION BUILDING 7 June 1978 MEMORANDUM .} 1 CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT TO: Ci t ouncil FROM: ed N. Satterstrom, Planning Supervisor SUBJECT: P.rk Place Rezone: R -1 and R -3 to R -1, R -2, R -3, and R -4 At their regular May meeting, the Tukwila Planning Commission recommended approval of the above - referenced rezone with conditions, (SEE, attached minutes for these conditions.) Attached herewith please find the following exhibits: 1. Minutes of Planning Commission meeting (25 May 1978) 2. Staff Report 3. Final Environmental Impact Statement 4. Proposed Rezone Ordinance FNS /ch Attachments 6230 Southcenter Boulevard • Tukwila, Washington 98188 ■ (206) 242 -2177 CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT Minutes of the greeting, 25 May 1978. PLANNING COMMISSION TACIIME NT 1 MINUTES OF PLANNING COMMISSION MEETING 25 MAY 1978 The regular May meeting of the Tukwila Planning Commission was called to order by Chairman Kirsop at 8:10 p.m. with Commissioners Sowinski, Avery, Bowen, Richards and Hartong present. Fred Satterstrom and Gary Crutchfield represented the Planning Division. Mr. Crutchfield noted that Mr. West would be absent this evening. Motion by Mr. Sowinski, seconded by Mr. Bowen and carried to approve the minutes of 27 April as prepared. Mr. Crutchfield explained that a staff report explaining recent City Council actions had not been prepared due to the length of the agenda this evening. Noted the Commission would be brought up -to -date at the June meeting. OLD BUSINESS Motion by Mr. Sowinski, seconded by Mrs. Avery and carried to table items IV A and B until environmental review has been completed. RECESSED PUBLIC HEARING: REZONE, R -1 and R -3 to R -1 through R -4 (Park Place) Chairman Kirsop reconvened the public hearing at 8:15 p.m. tir. Crutchfield read the minutes of the hearing conducted 27 April, 25 May staff report, draft EIS comments and distributed and read a revised recommendation. Mr. Len Milbrandt, architect, explained the disruption to the proposed development if South 152nd Street were to be extended through the site. Noted that adequate emergency access has been provided at 62nd Avenue, 152nd and 151st. Also explained that inclusion of duplexes in Phase I is impractical and economically unfeasible. Noted that staff recommendations #10 and 1]. will adequately assure that full development, including the duplexes, will ultimately occur. Lastly, explained that phasing of the development is designed to occur within, a 3 -year maximum time frame. 3-y ear Southcenter Boulevard in Tukwila, Washington 98188 en (206) 242 -2177 Planning Commission Page 2 Minutes 25 May 1978 Mr. Bob Thorpe, representing applicant, referred to pages 26 - 31 of the DEIS and concluded the applicant has demonstrated compliance with the Comprehensive Plan. Noted that comments from the Environmental Protection Agency will be incorporated into the construction process and that the concerns expressed by the Parks Depart- ment will be fully satisfied. Stated the extension of South 152nd Street through the site to 62nd Avenue would significantly increase multiple - family traffic to 62nd Avenue and possibly South 153rd Street. Explained that the site and its natural systems lend itself well to phasing as proposed and would allow better environmental control during construction. Concluded the proposed rezone and development, being in full compliance with the Comprehensive Plan and bound to the land as proposed in staff recommendations 10 and 11 will assure ultimate development in conformance with City desires; inclusion of staff recommendation #4 may well preclude the development. Mr. Dave Hal.linen, engineer, noted that ponds will not be used for detention purposes due to their drainage characteristics. Rather, the site will incorporate an underground drainage system. Noted the westerly pond will remain as an amenity as will the easterly pond. Mr. Donald Sipe, 14961 - 62nd Avenue South, commended the proposed development and specifically noted that he has no objection. The idea of a through street does seem to disrupt the development and also noted that inclusion of a propor- tionate share of building types in each phase seems unreasonable. Mrs. Darleen Sipe, 14961 - 62nd Avenue South, noted that the single-family area will be prepared for development in conjunction with Phase I. This seems to be a reasonable assurance. Mr. Thorpe, referring to staff recommendation #9, requested some degree of approval of plan review at this stage so as to allow construction to commence during the summer months. There being no further comments, Chairman Kirsop closed the public hearing at 9:10 p.m. Commissioner Richards asked for clarification of staff recommendation #6 regarding platting of the R -1 district. Mr. Crutchfield explained the intent of the restriction is to require that full application for subdivision of the R -1 district be made with the City prior to issuance of any building permit for any structure within the entire 15 -acre site and to require that full subdivision be fully executed prior to occupancy of any structures. Commission generally discussed the manner in which the proposed development and distribution of zones fulfills the distribution of land uses promoted by the Compre- hensive Plan. Commissioner Richards requested clarification regarding emergency access routes for fire vehicles. Mr. Thorpe explained the emergency access routes from 3 public right -o'f -ways are proposed with knockdown or other emergency use barriers. Motion by Mr. Richards and seconded by Mr. Hartong that based on the draft EIS, its comments, the staff report and public hearing testimony, the Planning Commission recommend the City Council reclassify the subject property as proposed on page 8 Planning Commission Minutes Page 3 25 May 1978 of the Draft EIS with the following stipulations: 1. Each phase of development shall provide the same proportion of open space identified for the overall development, exclusive of the R -1 district. 2. Each phase of development shall not exceed the density identified for the overall development, exclusive of the R -1 district. 3. Full application for Preliminary Plat of the entire R -1 district shall be made prior to issuance of any building permits for structures within the remainder of the 15 -acre site. A final Plat of said R -1 district must . be properly recorded prior to issuance of any occupancy permit for any structures on the remainder of the 15 -acre site. 4. Within the R -1 district, the layout of lots and alignment and width of street(s) shall be determined at the time of subdivision review, irre- spective of the general layout depicted in the DEIS; provided, however, any street or roadway within the R -1 district shall not provide for vehicular movement from any multiple- family structure through the R -1 district. 5. All mitigating measures identified by the Final EIS and as required by the Responsible Official shall be assigned to each phase of development. 6. Planning Commission review of detailed site, elevation and landscape plans, to include building and landscape materials, prior to issuance of respective buildings permit. The express purpose of such review is to ensure each phase or portion of development is in general conformance with the overall development plan depicted on page 8 of the DEIS and that each phase or portion of development is complementary to the other phases or portions of development. 7. In the event that construction of any proposed structure has not begun within 24 months of the effective date of this reclassification then said reclassification shall revert to the present designations (R -1 -12.0 and R -3) on that portion not platted for single - family residential; provided, however, the City Council may grant a single, 12 -month exten- sion to the time period expressed hereinabove. 8. All provisions, conditions and stipulations enumerated hereinabove shall be recorded in the records of the King County Department of Records and all such provisions, conditions and stipulations shall be deemed to be attached to and run with the land and shall be binding upon all heirs, successors and assigns. Mr..Richards explained the staff recommendation regarding extention of South 152nd Street would do more harm to the development than benefit the City by promoting through traffic across the entire south hillside, all of a multiple - family nature. Also, the loop water system can be provided without the roadway and emergency access for fire vehicles is provided for from 151st and 152nd Streets. Further explained the idea of including all structure types in each phase seems unreasonable and the applicant has proceeded throughout this process in good faith; Planning Commission Minutes the City should do likewise. Binding assignment of the development plan to the land seems adequate. As to review of detailed plans, each phase must be reviewed by the Planning Commission only after City Council action regarding this recommen- dation for reclassification. Motion carried unanimously. Page 4 25 May 1978 PUBLIC HEARING: REZONE, R -3 and C -1 to R -4 (Ehmke -Kato) Motion by Mr. Bowen, seconded by Mr. Sowinski and carried to table the hearing on this matter until environmental review has been completed. BOARD OF ARCHITECTURAL REVIEW Development Plans: Benaroya Office Building (continued) Mr. Crutchfield read the staff report and explained the revised drawings. Distri- buted and read the revised staff recommendation in response to the recently revised plans. Mr. Bob Fehnel, representing applicant, explained the potential for a restaurant to be located at the southeast corner of the area rather than the north- east. Mr. Crutchfield also pointed out that the landscape plan should indicate a minimum landscape strip along Southcenter Parkway of 15 feet and staff recommends that it be bermed. Mr. Fehnel noted his agreement. Mr. Richards asked if the traffic problems associated with the proposed develop- ment have been resolved. Mr. Fehnel explained they are working with the Depart- ment of Public Works as well as consulting traffic engineers to resolve the details. Motion by Mr. Richards, seconded by Mrs. Avery and carried to approve the site plan dated 10 May 1978 and elevation drawings with the following stipulations: 1. Relocate parking indicated in northeast or southeast corner of the site to the vacant northwest area near the rail line; this will provide approx- imately 100,000 square feet of vacant land abutting Southcenter Parkway for commercial development. 2. Provision of sidewalks along entire frontage of Southcenter Parkway and both sides of main entrance road. Also, provision of sidewalks along west side of the north -south internal roadway. 3. The landscape plan dated 15 May 1978 be approved with the following stipulations: a. Live groundcover of all landscape areas; b. Trees along Southcenter Parkway and major internal drives to be of a complementary mix of evergreen and deciduous, each of 3 -inch cali- per, minimum, and situated in clusters no more than 30 -feet apart; c. Trees provided around the building of 3 -inch caliper, minimum; 12 June 1978 AGENDA ITEM PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL A T T A C H M E N T STAFF REPORT 8 JUNE 1978 REZONE: R -1 & R -3 to R -1 through R -4 (Park Place) PROPOSAL: Park Place Rezone APPLICANT: Dick Gilroy, Northward Development Company, 1115 - 108th N.E., Bellevue, Washington 98004 LOCATION: Tracts 8, 9 and 10, Interurban Addition; West of 62nd Avenue between South 151st and South 153rd Streets SIZE: 15 acres CURRENT ZONE: R -1 -12.0 and R -3 PROPOSED ZONE: R- 1 -9.6, R -2, R -3 and R -4 COMPREHENSIVE PLAN: High, Medium and Low Density Residential INTRODUCTION: A final EIS has been prepared for this application and is attached as a part of this recommendation. FINDINGS: 1. The 15 -acre site is situated adjacent the west line of an unimproved portion of 62nd Avenue South between South 151st Street and South 153rd Street. (SEE, Exhibit A) 2. The site is generally composed of bedrock and till, providing good bearing capacity; contains significant groupings of substantial trees; reflects an extreme range of topography and two small natural pond areas. (SEE, Page 34 Exhibits 6, 8 and 10, FEIS) 3. Access to the site is gained by 62nd Avenue, 59th Avenue, South 151st Street, South 152nd Street and South 153rd Street. (SEE, Page 22, FEIS) 4. Utilities are as described on Page 70, FEIS. 5. Surrounding land uses are as depicted in Exhibit A of this report. 6. The Land Use Map of the Comprehensive Policy Plan promotes a gradation of density and bulk from high density in the southwesterly portion to low density in the northeasterly portion. (SEE, Land Use Map, Comprehensive Land Use Policy Plan) 7. ±12.5 acres of the site are currently classified R -1 -12.0 (Single - family, 12,000 square foot minimum lot size) while the remaining 2.5 acres in the southwest half of Tract 10 are classified R -3. (SEE, Page 22, FEIS) Planning Commission Recom- mendation to City Council Page 2 12 June 1978 8. The rezone application proposes reclassification as depicted on Page 23, FEIS. The proposal includes a "planned" development (as depicted on Page 8, FEIS) within the respective zones as follows: ZONE LAND AREA # UNITS DENSITY BULK R -1 -9.6 3.19 acres 10 3 /acre SFD R -2 2.23 acres 18 8 /acre Duplex R -3 3.15 acres 32 10 /acre 4 -plex R -4 6.16 acres 139 22.5 /acre Apartments (SEE, Appendix D, FEIS) 9. Proposed development is depicted on Page 8, FEIS, and is proposed to be accom- plished in phases, from south to north (high density to low density), over a 3 year period. 10. The 10 single - family lots at the northeast corner are proposed to be served by a cul -de -sac dedicated to the city as a part of subdivision. 11. A private cul -de -sac extending northwesterly from 62nd Avenue is proposed to serve the remaining 12 acres of multi - family structures. Alternative access provisions are depicted 12. Water and sanitary sewer is proposed to be provided as described on Pages 70 - 73, FEIS. 13. The drainage plan is depicted on Page 47, FEIS; the westerly pond area will be maintained for its amenity value. 14. Applicable policies of the Comprehensive Plan are noted on Pages 26-31, FEIS. CONCLUSIONS: 1. The proposed classifications and development, in terms of bulk and density, generally reflect the transitions promoted by the Comprehensive Plan and would firmly establish that concept as it relates to surrounding vacant land. 2. The circulation pattern proposed on Page 8 of the FEIS appears to be pre- ferable to the alternatives depicted on pp. 64 - 67. Extension of a public right -of -way through the majority of the site would do more harm to the development than it would benefit the City. Such a public thoroughfare would promote multiple - family traffic across the entire south hillside. Also, the loop water system can be provided without the through road and emergency access for public safety vehicles is adequately provided for from both South 151st and South 152nd Streets. 3. Phasing of development as proposed on Page 8 of the FEIS is reasonable if said plan is adequately bound to the land and each phase includes proportionate shares of open space and density. 1 Planning Commission Recom- mendation to City Council 4. Measures necessary to mitigate impacts to the physical and social environment should be identified and assigned under the Building Permit. RECOMMENDATION: The Planning Commission recommends the City Council reclassify the subject property as proposed on page 8 of the Final EIS with the following stipulations: 1. Each phase of development shall provide the same proportion of open space identified for the overall development, exclusive of the R -1 district. 2. Each phase of development shall not exceed the density identified for the overall development, exclusive of the R -1 district. 3. Full application for Preliminary Plat of the entire R -1 district shall be made prior to issuance of any building permits for structures within the remainder of the 15 -acre site. A final Plat of said R -1 district must be properly recorded prior to issuance of any occupancy permit for any struc- tures on the remainder of the 15 -acre site. 4. Within the R -1 district, the layout of lots and alignment and width of street(s) shall be determined at the time of subdivision review, irrespec- tive of the general layout depicted in the FEIS; provided, however, any street or roadway within the R -1 district shall not provide for vehicular movement from any multiple - family structure through the R -1 district. 5. All mitigating measures identified by the Final EIS and as required by the Responsible Official shall be assigned to each phase of development. 6. Planning Commission review of detailed site, elevation and landscape plans, to include building and landscape materials, prior to issuance of respec- tive building permit. The express purpose of such review is to ensure each phase or portion of development is in general conformance with the overall development plan depicted on page 8 of the FEIS and that each phase or por- tion of development is complementary to the other phases or portions of development. 7. In the event that construction of any proposed structure has not begun within 24 months of the effective date of this reclassification then said reclassifi- cation shall revert to the present designations (R -1 -12.0 and R -3) on that por- tion not platted for single - family residential; provided, however, the City Council may grant a single, 12 -month extension to the time period expressed hereinabove. 8. All provisions, conditions and stipulations enumerated herinabove shall be recorded in the records of the King County Department of Records and all such provisions, conditions and stipulations shall be deemed to be attached to and run with the land and shall be binding upon all heirs, successors and assigns. Page 3 12 June 1978 1111 l I I I I I I I I I I I f I I e »n� R. /.. 9. ash 45047 "tA-ra RL! �- (u a i1t f.q' TV am.. /5/Sr o wJ Ju*N - , .JiwCITY' HA L.L. I z Fb `r�'tF II'' \, • EXIIIBIT "A" LAND USE IN VICINITY OF PARK PLACE REZONE Legend: HIII uuIl Project Boundaries mom= Zoning Boundaries f IJ l I ,0 I 13 1 is 1 !Lae 49J/-/ • to 19 �7— Sn -" i r J • F �A)� , . 7ri it Airw a 1. 2. 3. 4. 5. 6. 7. 8. 9. The application for rezone will designate site for specific zoning uses with the Planned Unit Development approach is being 21 to the lower density zones. The single - family lots may be devel- oped earlier if the market is favorable and platting approval is obtained. The entire project is proposed to be phased over a two to three year building period, with major construction occurring in the dry seasons of 1979 to 1981. Recreational facilities (tennis courts, swimming pool and recrea- tional building) will be developed as part of phase one as well as utilities for most of the site, all roadways and other common facilities. Construction of additional dwelling units on the site in the next two to three years will be in response to detailed market studies and demand analysis. The single family area, its roads and utilities must be part of a separately approved sub- division application. E. Major Physical and Engineering Aspects of the Proposal The streets, lots, building configurations, parking arrangements, open space areas, access points, drainage channels, trails, recre- ational facilities and other elements are shown in Figure 2. These are also supplemented by other drawings submitted as a part of the zoning application, including but not limited to: Site analysis, topography, tree and major vegetation group ings, drainage patterns, view analysis. Development concepts including access and patterns. A grading Plan including cut and fill areas. Utilities plan. Site sections. Landscape Plan and Recreational Space Plan. Architectural details including elevations. Typical development, unit types. Phasing of construction. circulation various areas of the understanding ;that a applied, to guarantee IJ L1-1 S N1 sri 6:1 - 3! . 1- f -- 1 .. 1 1 ' 1 ' t t , A I :"; t. 2 qt,1 3 14 5 I 17 la 111 51 loaner 19 20 21 , "EP gt2i s 114 ' 'ii 5 .s 2 ! tp.,5 . — I ii.i., o• 6 74 !:-, ti ',<Z;# Rs s 24 '• 3 2,.. , 1e i [3: 4 E.,1„, . ... e , 1 4 1 1 V. 1,01 7 TH L 2,•• ..• 17 $ 7 2 ....... f 21 7 I n 24 t EXHIBIT "B" • • ---•.••••:-...a.wfi,:'67'-kf="1- - -. • -J PARK PLACE ZONING PATTERN A N Y C S T A CON D ,NTERzr--- PA ?KS RECP..EATION PLANNING 30 May 1978 Mr. Dick Gilroy Northward Development Co. 1115 - 108th Avenue N.E. Bellevue, Washington 98004 RE: Park Place Rezone Dear Mr. Gilroy: CITY of T U KW I LA OFFICE of COMMUNITY DEVELOPMENT The Tukwila Planning Commission, at its regular May meeting, completed the public hearing for the above - referenced application. Upon due considera- tion of all available information, the Commission unanimously voted to recommend the City Council reclassify the subject property as proposed on page eight of the draft EIS with the following stipulations: 1. Each phase of development shall provide the same proportion of open space identified for the overall development, exclusive of the R -1 district. 2. Each phase of development shall not exceed the density identified for the overall development, exclusive of the R -1 district. 3. Full application for Preliminary Plat of the entire R -1 district shall be made prior to issuance of any building permits for struc- tures within the remainder of the 15 -acre site. A final Plat of said R -1 district must be properly recorded prior to issuance of any occupancy permit for any structures on the remainder of the 15 -acre site. 4. Within the R -1 district, the layout of lots and alignment and width of street(s) shall be determined at the time of subdivision review, irrespective of the general layout depicted in the DEIS; provided, however, any street or roadway within the R -1 district shall not provide for vehicular movement from any multiple - family structure through the R -1 district. 5. All mitigating measures identified by the Final EIS and as required by the Responsible Official shall be assigned to each phase of ::;'development. 6230 Southcenter Boulevard w Tukwila, Washington 98188 3 (206) 242-2177 Mr. Dick Gilroy Northward Development Co. Sincer GC /ch 6. Planning Commission review of detailed site, elevation and landscape plans, to include building and landscape materials, prior to issuance of respective building permit. The express purpose of such review is to ensure each phase or portion of development is in general confor- mance with the overall development plan depicted on page 8 of the DEIS and that each phase or portion of development is complementary to the other phases or portions of development. 7. In the event that construction of any proposed structure has not begun within 24 months of the effective date of this reclassification then said reclassification shall revert to the present designations (R -1 -12.0 and R -3) on that portion not platted for single - family residential; provided, however, the City Council may grant a single, 12 -month exten- sion to the time period expressed hereinabove. 8. All provisions, conditions and stipulations enumerated hereinabove shall be recorded in the records of the King County Department of Records and all such provisions, conditions and stipulations shall be deemed to be attached to and run with the land and shall be binding upon all heirs, successors and assigns. The Commission's recommendation will be forwarded to the City Council upon issuance of the final EIS. Should you have any questions please contact me. Gary Crut field Assistan Planner cc: Assoc Plnr Page 2 30 May 1978 PARRS RECREATION PLANNING BUILDING CITY of TUKWIL.A OFFICE of COMMUNITY DEVELOPMENT Minutes of the meeting, 25 May 1978. PLAT II AG COMMISSION The regular May meeting of the Tukwila Planning Commission was called to order by Chairman Kirsop at 8:10 p.m. with Commissioners Sowinski, Avery, Bowen, Richards and Hartong present. Fred Satterstrom and Gary Crutchfield represented the Planning Division. Mr. Crutchfield noted that "1r. West would be absent this evening. Motion by Mr. Sowinski, seconded by Mr. Bowen and carried to approve the minutes of 27 April as prepared. Mr. Crutchfield explained that a staff report explaining recent City Council actions had not been prepared due to the length of the agenda this evening. Noted the Commission would be brought up -to -date at the June meeting. OLD BUSINESS Motion by Mr. Sowinski, seconded by Mrs. Avery and carried to table items IV A and 8 until environmental review has been completed. RECESSED PUBLIC HEARING: REZONE, R -1 and R -3 to R -1 through R -4 (Park Place) Chairman Kirsop reconvened the public hearing at 8:15 p.m. Mr. Crutchfield read the minutes of the hearing conducted 27 April, 25 May staff report, draft EIS comments and distributed and read a revised recommendation. Mr. Len Milbrandt, architect, explained the disruption to the proposed development if South 152nd Street were to be extended through the site. Noted that adequate emergency access has been provided at 62nd Avenue, 152nd and 151st. Also explained that inclusion of duplexes in Phase I is impractical and economically unfeasible. Noted that staff recommendations #r`10 and 11. will adequately assure that full development, including the duplexes, will ultimately occur. Lastly, explained that . phasing of the development is designed to occur within a 3 -year maximum time frame. 3-y ear Southcenter Boulevard • Tukwila, Washington 98188 u (206) 242 -2177 Planning Commission Minutes P • m Page 2 25 May 1978 Mr. Bob Thorpe, representing applicant, referred to pages 26 - 31 of the DEIS and concluded the applicant has demonstrated compliance with the Comprehensive Plan. Noted that comments from the Environmental Protection Agency will be incorporated into the construction process and that the concerns expressed by the Parks Depart- ment will be fully satisfied. Stated the extension of South 152nd Street through the site to 62nd Avenue would significantly increase multiple - family traffic to 62nd Avenue and possibly South 153rd Street. Explained that the site and its natural systems lend itself well to phasing as proposed and would allow better environmental control during construction. Concluded the proposed rezone and development, being in full compliance with the Comprehensive Plan and bound to the land as proposed in staff recommendations 10 and 11 will assure ultimate development in conformance with City desires; inclusion of staff recommendation #4 may well preclude the development. Mr. Dave Hallinen, engineer, noted that ponds will not be used for detention purposes due to their drainage characteristics. Rather, the site will incorporate an underground drainage system. Noted the westerly pond will remain as an amenity as will the easterly pond. Mr. Donald Sipe, 14961 - 62nd Avenue South, commended the proposed development and specifically noted that he has no objection. The idea of a through street does seem to disrupt the development and also noted that inclusion of a propor- tionate share of building types in each phase seems unreasonable. Mrs. Darleen Sipe, 14961 - 62nd Avenue South, noted that the single - family area will be prepared for development in conjunction with Phase I. This seems to be a reasonable assurance. Mr. Thorpe, referring to staff recommendation #9, requested some degree of approval of plan_ review at this stage so as to allow construction to commence during the summer months. There being no further comments, Chairman Kirsop closed the public hearing at 9:10 Commissioner Richards asked for clarification of staff recommendation #6 regarding platting of the R -1 district. f1r. Crutchfield explained the intent of the restriction is to require that full application for subdivision of the R -1 district be made with the City prior to issuance of any building permit for any structure within the entire 15 -acre site and to require that full subdivision be fully executed prior to occupancy of any structures. Commission generally discussed the manner in which the proposed development and distribution of zones fulfills the distribution of land uses promoted by the Compre- hensive Plan. Commissioner Richards requested clarification regarding emergency access routes for fire vehicles. Mr. Thorpe explained the emergency access routes from 3 public right -of -ways are proposed with knockdown or other emergency use barriers. Motion by f-1r. Richards and seconded by Mr. Hartong that based on the draft EIS, its comments, the staff report and public hearing testimony, the Planning Commission recommend the City Council reclassify the subject property as proposed on page 8 1 Planning Commission Mi nutes of the Draft EIS with the following stipulations: Page 3 25 May 1978 1. Each phase of development shall provide the same proportion of open space identified for the overall development, exclusive of the R -1 district. 2. Each phase of development shall not exceed the density identified for the overall development, exclusive of the R -1 district. 3. Full application for Preliminary Plat of the entire R -1 district shall be made prior to issuance of any building permits for structures within the remainder of the 15 -acre site. A final Plat of said R -1 district must. be properly recorded prior to issuance of any occupancy permit for any structures on the remainder of the 15 -acre site. 4. Within the R -1 district, the layout of lots and alignment and width of street(s) shall be determined at the time of subdivision review, irre- spective of the general layout depicted in the DEIS; provided, however, any street or roadway within the R -1 district shall not provide for vehicular movement from any multiple- family structure through the R -1 district. 5. All mitigating measures identified by the Final EIS and as required by . the Responsible Official shall be assigned to each phase of development. 6. Planning Commission review of detailed site, elevation and landscape plans, to include building and landscape materials, prior to issuance of respective building permit. The express purpose of such review is to ensure each phase or portion of development is in general conformance with the overall development plan depicted on page 8 of the DEIS and that each phase or portion of development is complementary to the other phases or portions of development. 7. In the event that construction of any proposed structure has not begun within 24 months of the effective date of this reclassification then said reclassification shall revert to the present designations (R -1 -12.0 and R -3) on that portion not platted for single - family residential; provided, however, the City Council may grant a single, 12 -month exten- sion to the time period expressed hereinabove. 8. All provisions, conditions and stipulations enumerated hereinabove shall be recorded in the records of the King County Department of Records and all such provisions, conditions and stipulations shall be deemed to be attached to and run with the land and shall be binding upon all heirs, successors and assigns. Mr. Richards explained the staff recommendation regarding extention of South 152nd Street would do more harm to the development than benefit the City by promoting through traffic across the entire south hillside, all of a multiple - family nature. Also, the loop water system can be provided without the roadway and emergency access for fire vehicles is provided for from 151st and 152nd Streets. Further explained the idea of including all structure types in each phase seems unreasonable and the applicant has proceeded throughout this process in good faith; Planning Commission Minutes Motion carried unanimously. Page 4 25 May 1978 the City should do likewise. Binding assignment of the development plan to the land seems adequate. As to review of detailed plans, each phase must be reviewed by the Planning Commission only after City Council action regarding this recommen- dation for reclassification. PUBLIC HEARING: REZONE, R -3 and C -1 to R -4 (Ehmke -Kato) Motion by Mr. Bowen, seconded by Mr. Sowinski and carried to table the hearing on this matter until environmental review has been completed. BOARD OF ARCHITECTURAL REVIEW Development Plans: Benaroya Office Building (continued) Mr. Crutchfield read the staff report and explained the revised drawings. Distri- buted and read the revised staff recommendation in response to the recently revised plans. Mr. Bob Fehnel, representing applicant, explained the potential for a restaurant to be located at the southeast corner of the area rather than the north- east. Mr. Crutchfield also pointed out that the landscape plan should indicate a minimum landscape strip along Southcenter Parkway of 15 feet and staff recommends that it be bermed. Mfr. Fehnel noted his agreement. Mr. Richards asked if the traffic problems associated with the proposed develop- ment have been resolved. Mr. Fehnel explained they are working with the Depart- ment of Public Works as well as consulting traffic engineers to resolve the details. Motion by Mr. Richards, seconded by Mrs. Avery and carried to approve the site plan dated 10 May 1978 and elevation drawings with the following stipulations: 1. Relocate parking indicated in northeast or southeast corner of the site to the vacant northwest area near the rail line; this will provide approx- imately 100,000 square feet of vacant land abutting Southcenter Parkway for commercial development. 2. Provision of sidewalks along entire frontage of Southcenter Parkway and both sides of main entrance road. Also, provision of sidewalks along west side of the north -south internal roadway. 3. The landscape plan dated 15 May 1978 be approved with the following stipulations: a. Live groundcover of all landscape areas; b. Trees along Southcenter Parkway and major internal drives to be of a complementary mix of evergreen and deciduous, each of 3 -inch cali- per, minimum, and situated in clusters no more than 30 -feet apart;. c. Trees provided around the building of 3 -inch caliper, minimum; r 25 May 1978 MEMORANDUM TO: Planning Commission FROM: Planning Division CITY of T UKW ILA OFFICE of COMMUNITY DEVELOPMENT SUBJECT: STAFF RECOMMENDATION: Park Place Rezone Since preparation and distribution of the 25 May 1978 Staff Report, meetings between the proponents of the above - referenced project and the Planning Divi- sion have occurred with specific attention to the staff recommendation. As a result of said meetings, Staff proposes the following recommendation (in full replacement) to better articulate the conditions deemed appropriate for the Park Place Rezone. Based on the DEIS, its comments and this report, Staff recommends the Planning Commission recommend the City Council reclassify the subject property as pro- posed on Page 8 of the DEIS with the following stipulations: 1. South 152nd Street be dedicated and improved per city standards and be extended southeasterly through the site to connect to 62nd Avenue with standard utility easements provided. 2. The R -4 district shall follow the centerline of the South 152nd Street extension to the north line of Tract 10. 3. Each phase of development shall provide the same proportion of open space identified for the overall development, exclusive of the R -1 district. 4. Each phase of development shall include a proportionate share of building types, exclusive of the R -1 district. 5. Each phase of development shall not exceed the density identified for the overall development, exclusive of the R -1 district. 6. Full application for Preliminary Plat of the entire R -1 district shall be made prior to issuance of any building permits for structures within the remainder of the 15 -acre site. A final Plat of said R -1 district must be properly recorded prior to issuance of any occupancy permit for any structures on the remainder of the 15 -acre site. 6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177 • Planning Commission Memorandum Page 2 25 May 1978 7. Within the R -1 district, the layout of lots and alignment and width of street(s) shall be determined at the time of subdivision review, irre- spective of the general layout depicted in the DEIS; provided, however, any street or roadway within the R -1 district shall not provide for vehicular traffic movement from any multiple - family structure through the R -1 district. 8. All mitigating measures identified by the Final EIS and as required by the Responsible Official shall be assigned to each phase of development. 9. Planning Commission review of detailed site, elevation and landscape plans, to include building and landscape materials, prior to issuance of respective building permit. The express purpose of such review is to ensure each phase or portion of development is in general conformance with the overall development plan depicted on page 8 of the DEIS and that each phase or portion of development is complementary to the other phases or portions of development. 10. In the event that construction of any proposed structure has not begun within 24 months of the effective date of this reclassification then said reclassification shall revert to the present designations (R -1 -12.0. and R -3) on that portion not platted for single - family residential; provided, however, the City Council may grant a single, 12 -month exten- sion to the time period expressed hereinabove. 11. All provisions, conditions and stipulations enumerated hereinabove shall be recorded in the records of the King County Department of Records and all such provisions, conditions and stipulations shall be deemed to be attached to and run with the land and shall be binding upon all heirs, successors and assigns. 25 May 1978 AGENDA ITEM IV C • RECESSED PUBLIC HEARING: REZONE, R -1 & R -3 to R -1 through R -4 (Park Place) PROPOSAL: APPLICANT: LOCATION: SIZE: CURRENT ZONE: PROPOSED ZONE: COMPREHENSIVE PLAN: INTRODUCTION: The public hearing was recessed at the regular April Planning Commission meeting. The comment period for the Draft Environmental Impact Statement (DEIS) has expired and the staff report follows. FINDINGS: CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT 8:00 P.M. Park Place Rezone Dick Gilroy, Northward Development Company, 1115 - 108th Avenue N.E., Belleuve, Washington 98004 Tracts 8, 9 and 10, Interurban Addition; West of 62nd Avenue between South 151st and South 153rd Streets 15 acres R -1 -12.0 and R -3 R- 1 -9.6, R -2, R -3 and R -4 High, Medium and Low Density Residential 1. The 15 -acre site is situated adjacent the west line of an unimproved portion of 62nd Avenue South between South 151st Street and South Street. (SEE, Exhibit A) 2. The site is generally composed of bedrock and till, providing good bearing capacity; contains significant groupings of substantial trees; reflects an extreme range of topography and two small natural pond areas. (SEE, Page 34 Exhibits 6, 8 and 10, DEIS) 3. Access to the site is gained by 62nd Avenue, 59th Avenue, South 151st Street, South 152nd Street and South 153rd Street. (SEE, Page 22, DEIS) 4. Utilities are as described on Page 70, DEIS. 5. Surrounding land uses are as depicted in Exhibit A of this report. 6. The Land Use Map of the Comprehensive Policy Plan promotes a gradation of density and bulk from high density in the southwesterly portion to low density in the northeasterly portion. (SEE, Land Use Map, Compre- hensive Land Use Policy Plan) Planning Commission`.. Staff Report ZONE LAND AREA # UNITS DENSITY BULK R -1 -9.6 3.19 acres 10 3 /acre SFD R -2 2.23 acres 18 8 /acre Duplex R -3 3.15 acres 32 10 /acre 4 -plex R -4 6.16 acres 139 22.5 /acre Apartments Page 2 25 May 1978 7. ±12.5 acres of the site are currently classified R -1 -12.0 (Single - family, 12,000 square foot minimum lot size) while the remaining 2.5 acres in the southwest half of Tract 10 are classified R -3. (SEE, Page 22, DEIS) 8. The rezone application proposes reclassification as depicted on Page 23, DEIS. The proposal includes a "planned" development within the respec- tive zones as follows: (SEE, Appendix D, DEIS) 9. Proposed development is depicted on Page 8, DEIS, and is proposed to be accomplished in phases, from south to north (high density to low density), over a 3 year period. 10. The 10 single - family lots at the northeast corner are proposed to be served by a cul -de -sac dedicated to the city as a part of subdivision. 11. Another cul -de -sac is proposed to serve the remaining 12 acres of multi- family structures. 12. Water and sanitary sewer is proposed to be provided as described on Pages 70 - 73, DEIS. 13. The proposed storm drainage system would include utilization of the two small existing ponds to function as detention areas. The drainage plan is depicted on Page 47, DEIS. 14. Applicable policies of the Comprehensive Plan are noted on Pages 26 - 31, DEIS. 15. DEIS comments received as of 18 May 1978 are attached to this report. CONCLUSIONS: 1. The proposed classifications and development, in terms of bulk and density, generally reflect the transitions promoted by the Comprehensive Plan and would firmly establish that concept as it relates to surrounding vacant land. 2. The circulation pattern proposed by the applicant appears to conflict with the posture of the Public Works and Fire departments. Connection of South 152nd Street with 62nd Avenue at the southeast corner of the subject site appears to conform to said posture by not funneling multiple- family traffic through the single - family area. This would also facilitate a linked water system. Planning Commission - Staff Report Page 3 25 May 1978 3. To assure the transition concept is effectuated, phased development must include proportionate shares of both open space, density, and variety of building types. 4. Specific time frames should be assigned to the rezoning action to assure that all phases are completed. 5. Measures necessary to mitigate impacts to the physical and social envir- onment should be identified and assigned under the Building Permit. RECOMMENDATION: Based on the DEIS, the DEIS'comments and this report, Staff recommends the Planning Commission recommend the .City Council reclassify the subject pro- perty to R- 1 -9.6, R -2, R -3 and R- 4.with the following stipulations: 1. South 152nd Street be dedicated and improved per city standards and be extended southeasterly through the site to connect to 62nd Avenue with standard utility easements provided. 2. The R -4 district shall follow the centerline of the extension of South 152nd Street to the north line of Tract 10; it shall then extend to the east line of Tract 10. 3. Each phase of development shall provide the same proportion of open space as identified for the overall development. 4. Each phase of development shall reflect the density identified for the overall development; each phase shall also include a proportionate share of building types. 5. Planning Commission review of specific plans for each phase of develop- ment prior to issuance of a Building Permit. 6. Mitigating measures identified by the Responsible Official be assigned to each phase of development. 7. Preliminary plat for 10 single - family lots shall be applied for prior to issuance of any building permits for structures on the site. Final plat must be approved by the City prior to occupancy permit for any structures on the remainder of the 15 -acre site. 8. In the event that construction of any proposed structure has.not begun within 18 months of the approval of this rezone, zoning shall revert to the present designations (R -1 -12.0 and R -3) on that portion not platted for single - family residential. 0 IPIAg1N; 1=a-1 Olt CONOCM,NIU1 5J�,�+r. Nr. 1 .4 SITE FLAN E @k[P W QUA j M 0 ,aaE, ��1C cH 3 - r c LAN tO>07 Ftl UT{ tWU.S Vt44 WA. t.bDOr frC 717.40+.:1 STATE OF WASHINGTON Dixy Lee. Ray Governor Mr. Gary Crutchfield City of Tukwila Planning Division 6230 Southcenter Boulevard Tukwila, WA 98188 . Dear Mr. Crutchfield: Thank you for the opportunity to review the Draft Environmental Impact Statement for Park Place Rezone. We have no substantive comments to offer on this project. CLF:bjw DEPARTMENT OF ECOLOGY Olympia, Washington 9i3.5Ql 2t16i753.23c0 May 12, 1978 c If I can be of further service, please call me at 753 -6892. Sincerely, Carol L. Fl es kes Environmental Review Section 3 REPLY TO ATTN OF: 2 a U.S ENVIR(I MENTAL PROTECTION A : NCY REGION X 1200 SIXTH AVENUE SEATTLE, WASHINGTON 98101 M/S 623 A.P R 27 1978 Mr. Gary Crutchfield City of Tukwila Planning Division 6230 Southcenter Boulevard Tukwila, Washington 98188 Dear Mr. Crutchfield: FCtillIF APR 2 8 1978 CITY © TUK ILA We have completed our review of your draft environmental impact statement for the Park Place Rezone in Tukwila, Washington. We would like to submit the following comments for your consideration. The draft statement's discussion of the project's impact upon air quality and surface and ground water quality is adequate, however we feel the discussion of the project's noise impact should be expanded. The draft EIS mentions, on page 15, that "heavily insulated buildings, double -pane windows, landscaping, fences, and earth berms" will be used to attenuate traffic noise, however the EIS presents no "as measured" noise levels at the project site. Building designers must know the existing exterior noise environment before they can design structures which will provide a livable interior noise level, there- fore we suggest that actual noise levels be measured and presented in the final EIS. The actual noise levels should be measured during hours of peak traffic. The final EI.S should include a discussion defining those measures which will be implemented to reduce construction noise. The following list of construction noise abatement measures is suggested: 1. the use and maintenance of properly operating mufflers and quieting devices 2. the use of quietest available machinery and equipment 3. the use of electric equipment in preference to gas, diesel or pneumatic machinery • f We appreciate the opportunity to review this draft environmental impact statement. Please do not hesitate to contact Dennis Ossenkop, of my staff, should you have questions or desire further information regarding our comments. He can be reached at (206) 442 -1595. Sincerely, 4. locating construction equipment as far from nearby noise sensitive properties as possible 5. shutting off idling equipment 6. limitation of construction hours to coincide with the normal workday period, e.g. 8:00 a.m. to 6:00 p.m. 7. scheduling the noisiest operations near the middle of the day, and notifying nearby residents whenever extremely noisy work will be occurring 8. the use of permanent or portable barriers around point noise sources. 46Lwz{.t a Alexandra B. Smith, Chief Environmental Evaluation Branch 1 May 197E MEMORANDUM TO: Gary Crutchfield FROM: Don Williams .29 SUBJECT: Comment on Park Place Development CITY of TV icWI LA PAR C KS ax-froom E. PA 1211" ED ! 6230 Southcenter Blvd., Tukwila, Wash. 98188 Telephone: 242 -2177 After a review of the Park Place Rezone E.I.S. I have some concerns and have listed such below. You will note that my main concern is with regards to the foottrail that exists along the 62nd Avenue South Right -of -way. Some of my questions are minor and I believe some are of major concern. I assume you will present my concerns at the proper time, if not please advise me on what I can do. 1. The map on page 24 indicates a partial road connecting onto South 151st Street and to 62nd Avenue. Does this eliminate the north and south ends of the existing' trail? 2. Same map on page 24 shows several arrows indicating trails in the project connecting into our trail. The statement on page 25, 6th line down states, "Existing trails in the area are linked through the site ". Does this mean they plan to directly into our trail? 3. With all of the regrading, etc., that they plan to do will the changes in elevations that they make cause problems with the stability of our right -of -way and the trail? Will differences in existing trail elevations and the new trails create a physical barrier to most users? 4. The existing trail has a 16' long bridge that allows hill drainage to continue its natural path, that is running east under the bridge and then south. Will any grading cause a change in the flow loca- tion of the current drainage basin? If so, will the bridge need to be relocated and at whose cost? 'Gary Crutchfield. Memorandum Page 2 1 May 1978 5. If any damage is done to the path during construction who will pay for repairs? If any of the trail is eliminated because of the project will the City be compensated? 6. Will construction over the three year period be done in such a manner that the path will not be safe or easy to walk (flooding with construction drain- age, cuts made by site grading, etc.)? 7. Will the path and school palyfield be screened off with existing or a new vegetation? 8. On page 69 recreation facilities are mentioned, but mostly for adults. What provisions are being made for preschoolers and for elementary chil- dren with regards to play areas and equipment? 9. There is nothing for "sure ", but the Recreation Division is looking into the leasing of Southgate School. This may have some impact on the availa- bility of the school should elementary enrollment at Tukwila School grow beyond its capacity. However, such growth and accompaning problems could be worked out. Population growth, especially younger ages, is looked upon in a positive fashion by the Recreation Division. 10. With an increase in the population on the west side of 65th a crosswalk caution light or signal light may be needed on 65th Avenue South at Tukwila Park. These are some of the concerns that I have. I know some of the answers have been stated in the E.I.S., but feel the answers are important'enough to more fully explained. DW /ch cc: Kjell Stoknes �++ •s �j �— ti ; , ...,!: -� - -•.. ' -� .. ems 1:1,1..;L:3 Z_ ' � � d 'y.. J � ►,.:.9 ..� � �.!!� 3 :.d 1 7 �^` r,;1 ..: n SE <r'1 �..n .7 MEMORANDUM Date: May 8, 1978 To: Terry From: Dick Subject: Park Place Rezone - Preliminary DEIS I have the following comment to offer: Traffic & Transportation, page 14: _ The mitigating measures outlined in this section do not address the additional impacts to the property east of this site. The roadway . system as proposed does not allow. for any through movement of traffic from So. 151st to So. 153rd and eliminates the possibility of So. 152nd Street connecting'to 62nd Ave. So. The approval of the access plan as indicated would impact the property west of site in such a way that all developments on the west property will forever be restricted to using So. 152nd down to Macadam Road. Emergency vehicles and maintenance vehicles, rather than having two open usable routes to any area on this hill, will be restricted to one usable access point. In conclusion, I think that streets should be developed to allow for free-flowing access and egress to any area on the hill from at least two difference and publicly - owned roads. These road sections should . include all required utilities. . RKW /dp cc: Kjell Stoknes Cary MEMO TO: Gary Crutchfield Fred Satterstrom RE: Park Place Rezone The following suggested modifications to your Staff Report are offered as a part of our meeting, Wednesday, May 24, 1978. 1. South 152nd Street be dedicated and improved per city standards and be extended southeasterly through the site to connect to 62nd Avenue with standard utility easements provided. We will offer arguments at the hearing to accept the design as shown based on: a. Planned Community b. Circulation c. Home Ownership d. Etc. 2. (As Is) 3. (As Is) 4. Modify as follows: Each phase of development shall reflect the density identified for the overall development; with Phase I to include single family development for a total of )].2 units per acre and Phases II and III as is with 111; and 11 units per acre, respectively. (Delete 2nd part) 5. As is with clarification by staff as to detail and timing of review process. 6. Modify as follows: Mitigating measures identified by the FEIS and as required by the Responsible Official be assigned to each phase of development. 7. (As Is) 8. Modify as follows: In the event that construction of any proposed structure has not begun within 24 months of the approval of this rezone, with the option of the developer to apply for a one -year extension and that it be granted if substantial progress is shown on the entire development, zoning shall revert to the present desig- nations (R -1 -12.0 and R -3) on that portion not platted for single - family res- idential. R. W. THORPE & ASSOCIATES 815 Seattle Tower Third at University Seattle, Washington 98101 May 24, 1978 R. W. THORPE & ASSOCIATES Planning Commission. Page 6 Minutes 27 April 1978 Mr. Ned Pike, Bedford, explained the office tenant has no problem with the dis- tribution of parking spaces on site. Also noted the existence of a parking lot on the west side of Andover Park West which could alleviate any problem experienced. Commission discussed parking requirements for office tenants. Motion by Mr. Sowinski, seconded by Mrs. Avery and carried to approve the proposed improvements. VI. SIGNS: A. Wall Sign at Southcenter: House of Fabrics Mr. Crutchfield read the staff report explaining the proposed sign would be located on the exterior north wall of Southcenter. Noted Section 19.32.150, Sign Code, requires Planning Commission approval of such signs. Motion by Mrs. Avery, seconded by Mr. Bowen and carried to approve the sign as presented. VII. NEW BUSINESS: A. Public Hearing: Rezone, R -1 to C -1 (McCann #352) (Tabled to regular May meeting.) B. Public Hearing: Rezone, R -1 to C -1 (McCann #353) (Tabl-• to regular May meeting.) Public Hearing: Rezone, R -1 and R -3 to R -1 through R -4 (Park Place) Mr. Crutchfield explained a draft environmental impact statement has been distributed for the proposed action. Recommended the hearing be opened for presentation of the proposal and receipt of any comments regarding the proposal or the draft impact statement. Chairman Kirsop opened the public hearing at 10:45 p.m. Mr. Robert Thorpe, representing applicant, presented graphics and explained the relationship of the proposed development to the Comprehensive Plan, natural sys- tems, surrounding development and density. Mr. Dick Gilroy, applicant, stated his intention to provide a model development in the City of.Tukwila. Mr. Thorpe presented and explained a slide presentation. Mr. Len Milbrandt, architect, explained site design characteristics and architectural design of the development. Also explained a slide presentation. Mr. Dave Halinen, engineer, explained access provided for emergency vehicles. Also explained existing and proposed drainage systems. Minutes prepared by: Gary Crutchfield Assistant Planner Eileen Avery Secretary Page 7 Planning Commission Minutes 27 April 1978 Mrs. Darlene Sipe, 14961 - 59th Avenue South, inquired as to the planned develop- ment of the northeast corner of the site. Mr. Milbrandt explained the lots will be platted and sold for single - family development with restrictive convenants. No further public comments were offered. Motion by Mrs. Avery, seconded by Mr. Bowen and carried to recess this public hearing to the regular May meeting. D. Public Hearing: Rezone, R -3 and C -1 to R -4 (Emke -Kato (Tabled to regular May meeting.) Motion by Mr. Bowen, seconded by Mr. Sowinski and carried to adjourn the meeting. Chairman Kirsop adjourned the regular April meeting at 11:45 p.m. TUKWILA PLANNING COMMISSION STATE OF WASHINGTON COUNTY OF KING L exjing 1 day of i,pri1 V.P.C. Form No. 87 19 78 Affidavit of Publication April Subscribed and sworn to before me this ss. r 'trbaU _h i':l� �': �,Q r �3 t + � �' being first duly sworn on oath, deposes and says that b4? is the Chief Clerk of THE RENTON RECORD - CHRONICLE, a newspaper published four (4) 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 news- paper 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 Renton 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 r O t i C e of Public as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 2 consecutive issues, commencing on the 19 day of ° ? r 51 ,19 73 , 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 $ 1 ; • � 9 w hi ch has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. ,19 73 , and ending the Cbicf Clerk 19 day of Notary Pu in and for t e Jr ate of Washi on, residing at Kent, King nty. — 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. 17 May 1978 Gary Crutchfield Assistant Planner GC /ch RE: Park Place Rezone Should you have any questions, please call me. Sincerely, The public hearing for the above - referenced action was commenced at the regular April meeting of the Tukwila Planning Commission. The Commission will resume that hearing for further public comment and testimony at 8:OO.p.m. Thursday, 25 May 1978 at City Hall, 14475 - 59th Avenue South in Tukwila. You, as a nearby property owner may attend and offer any comment. 17 April 1978 RE: PARK PLACE REZONE Please find attached a copy of Public Notice intended to inform you of the pending action of the Tukwila Planning Commission. You, as a nearby property owner, may attend the meet- ing and /or present written comments to either the Planning Commission or this office for entry into the official record. Please also be advised a Draft Environmental Impact Statement for the proposal is available. Your comments regarding this document are also welcome. Should you have any questions, please contact me. Sincerely, Gary Crutchfield Assistant Planner GC /ch Attachment: as April 27 Department of Community Development City of Tukwila Tukwila, Washington R.W. THORPE & ASSOCIATES 815 Seattle Tower Third & University Seattle, Washington 98101 (206) 623 -2935 April 17 Distribute DEIS Attention: Gary Crutchfield, Fred Satterstrom, Kjell Stoknes RE: Park Place Rezone Review Process Gentlemen: April 15, 1978 D ECEIYE Ea APR 171978 if CITY OF TUKWILA This letter is to summarize our discussions concerning the processing of Northward Development Company's Park Place Rezone Application and Environmental Impact Statement. If there are clarifications necessary, I would appreciate your conveying those to me at your earliest convenience. As we discussed, we have filed the application, Preliminary Draft Environmental Impact Statement, architectural drawings, fees and other supporting items on March 31, 1978, for the April 27 Planning Commission hearing. The items submitted were set forth in a letter of transmittal on March 31. Subsequently we have been reviewing the DEIS and continuing our discussions of the project details with various department heads. The DEIS will be ready for circulation as of Monday, April 17. However, due to the magnitude of the project and heavy city staff work loads there appears to be the potential for the City needing more time to do in depth study and analysis required for a final staff recommendation to the Planning Commission at the rezone hearing on April 27. It is our understanding that the best alternative for both the City and the applicants would be to follow the schedule set forth below: April 17 -27 Applicant responds to staff questions, assist in research and analysis Planning Commission Hearing ' Open Hearing ' Staff advise Commission as to the status of their review 'Applicant makes presentation .Commission receives testimony on Application and DEIS Department of Community Development April 15, 1978 Page Two RWT:nab May 16 -18 Staff report 'Commissioners ask questions .Commission continues hearing until May 25 April 28 -May 15 Applicants and consultants provide information to assist staff in completing their recommendations Staff completes review Applicant meets with any neighbors, citizens to explain details of project (if desired by neighbors) May 25 Continued hearing The applicant and consultants believe this to be a workable schedule that can serve to work best with the City staff's heavy work load and provide opportunities for us to respond to any questions that might arise in the review process or at the April 27 hearing. We do note that we feel our application was complete on Friday, April 14 with the City's receipt of a "camera ready" DEIS. The April 27 hearing is critical to our timing in order that we meet certain contract commitments and provide a potential process completion that allows the proponent access to the site prior to the wet winter months. We appreciate your staff and other departments previous cooperation in this matter and we will assist in every manner possible to promote a thorough and efficient review. Thank you. Mr. Fred Satterstrom Planning Supervisor Department of Community Development City of Tukwila Tukwila, Washington 98188 R.W. THORPE & ASSOCIATES 815 Seattle Tower Third & University Seattle, Washington 98101 (206) 623 -2935 ECEIVE R MAR 31 1978 CRY OF TUKWILA March 31, 1978 RE: Letter of Transmittal - -Items for Contract Rezone, Northward Development Co. Dear Fred: Attached herewith you will find the following that are a) required for the rezone application; b) those requested by the City; and c) those items submitted to assist in explaining the details of the overall plan and application. They include: 1. The City's application form 2. A check for $200 3. An affidavit of ownership (contract purchase) 4. Property ownerships within 300 feet of the property 5. Assessor's maps 6. Vicinity maps 7. Two sets of drawings: at full size and two sets of reduced maps Architecture a) Project description b) Existing conditions c) Site plan d) Grading plan (cuts & fills) e) Site sections f) Typical units (3 sheets) g) Elevations (3 sheets) Engineering a) Drainage plan b) Existing drainage c) Water system d) Sanitary sewer system Miscellaneous (small sets) a) Kroll b) Topography c) Slope analysis 8. Draft EIS (for staff review) 5 copies Note: References and some appendices items to be determined by staff /consultant discussions. I will visit your office Monday a.m. (9:00) to check that all items are in order and arrange a time to meet on the DEIS to rev ew your coign ts. Thank you. RWT:nab cc Northward Corporation McClarty & Johnson Triad Associates Gentlemen: RWT:DG:nab Tukwila Planning Department Tukwila City Hall Tukwila, Washington R.W. THORPE & ASSOCIATES 815 Seattle Tower Third & University Seattle, Washington 98101 Attention: Fred Satterstrom and Kjell Stoknes ( RE: Contract Rezone Application by Northward Corporation for 14.7 Acre Sit on Tukwila Bill This letter, a part of the contract rezone application and "PRUD" for Northward Corporation, is conveyed to you to stipulate our agreement concer ing processing of this application and review under the State Environmental Pol cy Act of 1977 and SEPA Guidelines. Normally an environmental checklist is fi led out and a determination is made by the responsible official as to whether a environmental impact statement is necessary. However, at our request, in order to expedite this application and provide for full disclosure of info tion concerning it, we are filing a draft environmental impact statement containing a full review of the project and technical appendixes on identif ed areas of concern. We recognize that no determination of significance has been made by the Cit of the responsible official and may not require an EIS; however, we are requesting to exercise the option provided for the applicant in the SEPA Guidelines, Chapter 197 -10 Washington Administrative Code. We request that the EIS be reviewed as part of the rezone process that it be considered at public hearing by the Planning Commission at the time the rezone and "PRUD" concept is considered. We recognize that this document can provide the necessary information to complement the architectural and engineering drawin:s and be utilized for an information tool for the decision - making process. We have written the DEIS with that intent in mind as well as full compliance with SEPA Guidelines. We trust this is in keeping with our discussion on this portion of the application. Yours very truly, March 30, 1978 �= .. r Robert W. Thorpe �R. W orpe • Associates Dick Gilroy Northward Corporation I 78 -06 -R PARK PLACE /SUNWOOD R -.1.& R -3 TO'R -r •R -2 • - lam / 21 lI / NoI 2sg0 "E 4C000-' - 62ND AVE. S 1 / � �— . \ ■I� 1 . s ammo SLOPE NOl•El'40 "E 105010' � 2 /75 LIMITS OP CLEARED 'AREA REGRADE CLEARED AREA' WHERE NECESSARY, 7D DIRECT ALL RUMOPP FROM CLEARED AREA him POND PROVIDED • TEMPORARY DESILTAAON POND. VOLUME. MOO Cf. MIN. EEO' MAX. PONDING 1' SCALE 1" = 50' EXISTING CLEARED AREA f /LTERf& M.fTERUL� MINA! MD. =' ' 'E�d+rNGNPLDEO USE'STNYES OR MME &MKS . n . 7O ATTACH PASSE 70 /NEE' •1 • .Ir• I ' • •/ . / II � - moss SECT /ON P MIN, SILT FENCE EXISTING SLOPE . fuiu,PA�tLCMOlENL:. `: onaxe• narNCw . : f 4 DWGLOS f/R &r D-C. MO. "/ MADE OR hlL 1 ELEVATION �.. APPROVAL OF THIS .PLAN DOES HOT ...CONSTITUTE AN APPROVAL OF DBSICN,•..'r • SIZE NOR LOCATION OF 'PIPES ,RESTRICTORS, CHANNELS ,OR RETENTION •,' .` ? FACILITIES i,.HUT IS AN: APPROVAL: OF THE INTERIM, EROSION CONOL.:ONLY. •.5.•'. SILTATION CONTROL SYSTEMS' DEPICTED, ON THIS DRANING' ARE .BDCS AS TO' MEET MINIMUM CITY REQUIREMENTS. AS CONSTRUCTION PROGRESSES AND 'EXPECTED °(SEASONAL) CONDITIONS DICTATE 'MORE SILTATION CON TROI; FACILI MAY BE REQUIRED; TO INSURE COMPLETE SILTATION '. CONTROL ON THE. PROPOSED DEVELOPMENT., THEREFORE, DURING THE COURSE• .' OF CONSTRUCTION IT' SHALL : BE THE OBLIGATION 'AND RESPONSIBILITY OF •p . .THE DEVELOPER TO ADDRESS ANY. NEW; CONDITIONS' THAT MAY BE CREATED BY. HIS ACTIVITIES 'AND 'TO :PROVIDEIADDITIONAL. FACILITIES OVER AND ABOVE 'MEDIUM . REQUIREMENTS , "AS' MAY BE NEEDED TO .PROTECT ADJACENT PROPERTIES: '•, " ORIGINAL GROUND ?''TEMPORARY SWALE ANDS /LTs fENC[ 'DETA %L IM'rZRIM ll10SION :1. MERE POSSIBLE , MAINTAIN .NATURAL • VEGETATION. FOR SILT 'CONFROL. �_.. ALL . TEMPORARY... SILTATION: AND.DE PONDS SBALL,BE MAIN - • A SATISPACTORY' CONDITION :UNTIL SUCH TIME TEAT,' CLEAR- I .: ING AND /OR CONSTRUCTION, S . ;COMPLETED AM) THE,:PERIIAMBNT DRAIN- "AGE.FACILITIES ANE OPERATIONAL: ;!''. 3.' RETURN SILTATION 'CONTROL 'AREAS TO ORIGINAL GROUND CONDITIONS', 18.06- • } . ' • z W > .c c 2. cn I z ' rc W' ui IW •z 2 In a N, �9M • 4 l _— FALLEN TREES AND STUMPS 140. / /SILr FENCE PER DEIN t o - - - _ i 7 -- ` N . \ / / \ \ \ . \ \.__ . / i / zj ••- N80•5'2T•W 500' : v i ppiol . I , iIII1111111I1IlI1I1141 inT IlI II IIIILh1 ILit . II , III , i : I1I1LLITillrfr p liLD I• .I10II'I1.ft I 0£ _® 6 w 6Z CIL LZ 9Z SZ 4Z CZ ZZ IZ OE 61 9l LI 91 GI 41 'CI Et 1l O1 ._...,.1IIIIIIIIIIg11I1111I .01.11110 ,(I4,4111III,IIb l I IIh I i1 { util1111IlIIlIIUIf1p1luonIIIIIIIIIIIIIIIIIIIIIIIIIIIIpI ,ttitIIIIIIIII ltImIIIIIIIIIIIIIIIIIIII lI1111IIIIllpllllf ' IF THIS MICROFILMED DOCUMENT IS LESS' CLEAR THAN THIS NOTICE, IT IS DUE TO � THE QUALITY OF THE ORIGINAL DOCUMENT, NOV 4' 1980' 'JOB NO , 78 -006