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HomeMy WebLinkAboutPermit 78-12-W - WEA / SPEEA - OFFICE BUILDING WAIVER78-12-W 51ST AVENUE SOUTH 152ND STREET WEA SPEEA WASHINGTON EDUCATION ASSOCIATION OFFICE BUILDING WAIVER CITY COUNCIL COMM'rEE OF THE WHOLE MEETING DISCUSSION - Contd. Request for Waiver - 90 unit condo. by J. Bryant at So. 160th & 53rd Ave. So. - contd. quest for Waiver - construct office buildings by WEA & SPEEA between 51st Ave. S. and 52nd Ave. S. just no. of and adjacent to Southcenter Blvd. request is for 98 condominium type units. The units per acre will be 31. The land stability, slope, geology and soils information is con- tained in the Data Inventory attached to the memorandum. Mr. Stoknes said if the waiver is approved, all ordinances of the'City would be required to be complied with. William Goucher, attorney for Eastview Associates, said this matter of a waiver had been pending since July 1977 when the applicant first applied. He said City staff recommended in November that the waiver be granted, but no action has been taken. Jack Braynt, architect for Eastview Associates, said he would like to answer any questions the Council might have. He said he had revised the drawings and explained the location with wall posters, he explained the layout of the loca- tion with wall posters, showing how the natural terrain would be main- tained. He said they had prepared a drainage proposal. He said they had employed Pacific Testing Labs to make soils tests and a report was made stating there has been minor surficial soils creeping, but there is no evidence of recent or potential massive movement. Councilman Harris said the application has the buildings listed as condominiums and in another place they are called apartments. Mr. Bryant said they are about the same, but it is intended that these be sold individually as condominiums. Mr. Bryant showed a colored drawing of the proposed buildings, stating the orange and brown colors would be stucco material. A wood material would be used between the windows. The stairway system uses railings. The number of units cann be reduced, it would not be economically possible. Councilman Harris asked about the access off 53Rd street for fire protection. Mr. Bryan said there is an entrance at each parking lot. He continued the Boeing Company has announced they are putting on more people at their Kent plant. He asked where are these people going to live? He said energy is getting worse and worse. There is need for conservation and the key to the energy problem is less use of the auto. If you can live close to work you can conserve, you• can walk to a point of work. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE REQUEST FOR WAIVER TO CONSTRUCT A NINETY UNIT CONDOMINIUM BY JACK BRYANT AT SOUTH 160TH AND 53RD AVENUE SOUTH BE ON THE AGENDA OF THE MAY 15TH REGULAR COUNCIL MEETING. CARRIED. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT ITEM 8 OF THE AGENDA CONCEV ING AN ORDINANCE OF THE CITY OF TUKWILA REGULATING AND LICENSING MASSAGE PARLORS WITHIN THE CORPORATE LIMITS OF THE CITY AND REPEALING ORDINANCES 613, 624, 641, 747, and 1011 BE CONSIDERED AT.THE COMMITTEE OF THE WHOLE MEETING ON MAY 22, 1978. CARRIED. Kjell Stoknes, Director of Community Development, stated the Washington Education Association and SPEEA have applied for a waiver to be allowed to construct office buildings between 51st Street So. and 52nd Street South just north of and adjacent to Southcenter Blvd. This waiver is necessary since the area is designated as single- family in the recently adopted Comprehensive Plan. The present zoning is RMF The applicant has met the minimum requirements for this item to appear before the Council. The applicants are present to answer any questior the Council might have. Gerry Gerrant, representing WEA and SPEEA, said the sites owned by the two associations are adjacent. They want to co- mingle and build two office buildings. He showed slides on a wall screen of the proposed buildings, landscaping, and parking area. Councilman Harris asked if WEA and SPEEA will own and occupy the buildings. Mr. Gerrant said SPEEA will own and occupy their building and WEA will own and occupy most of their building. Council President Van Dusen said the Council had discussed the office designation for this location, but it was not changed at that time. Dennis Robertson asked why these buildings are proposed For this location rather than Andover Park where it is commercial. He asked how many employees and visitors there would be for the buildings. He said the creek seems to be a natural divider between commercial and residential. ► IUr\tIILA L111 LUUI'L1L LUi lit' 1HE VIHULt r1hLlil`IG May 8, 1978 Page 4 DISCUSSION - Contd. t .,.. Request for Waiver MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE REQUEST FOR WAIVER TO - construct office CONSTRUCT OFFICE BUILDINGS BY WEA AND SPEEA BETWEEN 51ST AVENUE SOUTH bldgs. by WEA & SPEEA AND 52ND AVENUE SOUTH JUST NORTH OF AND ADJACENT TO SOUTHCENTER BOULE. between 51st Ave. S. VARD BE ON THE AGENDA OF THE MAY 22, 1978 REGULAR COUNCIL MEETING. & no. of Southcenter CARRIED. Blvd. - contd. Call for Bids: ' City of Tukwila's Demand Bank Account Prop. Ord. estab. Golf Course Spec. Rev. Fund Res. repealing Res. #624 and estab. petty cash & change funds Public Works Comm. Finance & Personnel Public Health & Safety Comm. Community Affairs Calendar Review EXECUTIVE SESSION 10:35 - 11:11 P.M. • ADJOURNMENT 11:12 P.M. Ron Swanson, Finance Director, said the present bank contract will be up on July 1, and the suggestion was made in the Finance Committee meeting that we would get better service if we went out to bid on thi Council President Van Dusen said in the past we have rotated with the banks and they have not given as good service as they could since the, knew they would not get another turn for some years. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE CALL FOR BIDS BE PUBLISHED AND BIDS BE RECEIVED UNTIL TEN A.M. ON THE THIRTIETH DAY OF MAY 1978 AT WHICH TIME THE BIDS WILL BE OPENED AND PUBLICLY READ ALOUD. CARRIED. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE ESTABLISHING A GOLF COURSE SPECIAL REVENUE FUND AND AMENDING THE 1978 BUDGET FOR THE ESTIMATED REVENUE AND APPROPRIATIONS APPLICABLE TO THE GOLF COURSE REVENUE FUND BE ON THE AGENDA OF THE MAY 15, 1978 REGULAR COUNCIL MEETING. CARRIED. Ron Swanson, Finance Director, explained the need for the increase in petty cash and change funds. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION REPEALING RESOLUTION NO. 624 AND ESTABLISHING PETTY CASH AND CHANGE FUNDS BE ON THE AGENDA OF THE MAY 15, 1978. REGULAR COUNCIL MEETING. CARRIED. Chairman Johanson said his Committee would meet on the second and fourth Mondays of the month at 4:30 p.m. at the Annex. Chairman Harris said a meeting was not held last week. There will one next week. Chairman Bohrer said the Public Health and Safety Committee met Wft . Fire Chief Crawley last week and the smoke detector ordinance was `: discussed. He said the subject would be brought before the Counci' at the next Committee of the Whole Meeting. Chairman Traynor said his Committee will soon be bringing inform. to the Council regarding the Sister City Program. Mayor Bauch said the 29th of May was a holiday and a fifth Mond of the month. He asked if the Council wanted a meeting on May. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT THE COUNCIL NOT R':V-'-- MEETING ON MAY 30, 1978. CARRIED. MOVED BY TRAYNOR, SECONDED BY H L- 11 rrti.N I' THE CITY CUUNCIL EXECUTIVE SESSION TO DISCUSS A pERANNEL MATTER. CARRIED. • MOVED BY HARRIS, $LCONDED BY TRAYNOR, THAT THE EXECUTIVE SESW ADJOURN. CARRIED. MOVED BY HARRIS, SECONDED BY HILL, THAT THE COMMITTEE OF MEETI DJOURN. CA'R9 Gary Van Du -n, City Council President Nor Booher, Recording Secretary • ' � .�:�„�.- OFFICE OF COMMUNITY DEVELOPMEN' STAFF REPORT TO THE CITY COUNCIL SUBJECT: Request for use of public right -of -way for the development of a private parking lot. APPLICANT: Wea and Speea LOCATION: 51st Avenue South in the vicinity of South 152nd Street BACKGROUND: Wea and Speea have appeared before the City Council and received a waiver to ordinance #1035 for the construction of two office buildings on this . subject property. At the time of submission of the site plan, the appli- cants apparently were under the assumption that they owned more property than they actually do on its western boundary. As a result of this, they have come back to the City and requested permission to construct a parking lot on public right -of -way. FINDINGS: 1. The site plan which was approved by the waiver as granted by the City Council shows a total of 144 parking stalls. 2. Public notice, hearing and approval by the Planning Commission is required of these office buildings prior to issuance of a building permit. The Conditional Use Permit process will be used to accomplish this and the applicant has been informed that such application is required. 3. The Comprehensive Plan for 51st Avenue South shows it as a collector arterial which requires 60 feet of right -of -way. Twenty feet of addi- tional property is needed on a portion . of this site where the right -of- way presently is only 40 feet. 4. To my recdlection, the use of public right -of -way has not been approved for private parking lot purposes where said right -of -way would be needed at some time in the future. CONCLUSIONS: 1. 124 Parking stalls are needed to support the 4,000 sq. ft. of office build- ings proposed on this site. 144 parking stalls are proposed, of which 21 are located in the 60 foot area where 51st Avenue South someday will pro- bably be improved. This leave a balance of 123 parking spaces on the rest • of the site, 1 short of that required by code. 2 The Comprehensive Plan would indicate that there should be a total right - of -way through this area of 60 feet. Since a portion of the right -of -way in this vicinity is only 40 feet, 20 feet additional will be needed on some portion of this property. City Council Staff Report 3. Planning Commission approval of this development plan, after due public notice and hearing, is required. If it is deemed in the public interest, especially to implement the City's Comprehensive Plan, the Planning Com- mission can require such dedication of land as is necessary to provide for adequate transportation system to service the property and the area. 4. The allowing of a parking lot to be constructed on City right -of -way which is probably going to be used for future road purposes could be precedent setting. In this case, it would appear that the required additional right -of -way could be received by this property as condition of approval by the Planning Commission and that the allowance of parking on the right -of -way requested need not be given by the City in order to receive the additional right -of -way needed. RECOMMENDATION: Based on the above Findings and Conclusions it is recommended that the City Council not authorize the location of any private parking facilities on public rights -of -way for this property. Further, it is recommended that this type of proposals be discouraged in the future and that the City be consistent in the application of this policy. The Planning Commission should consider the necessity of dedication for additional right -of -way by Wea and Speea during the Conditional Use Permit approval hearing and, should they deem it necessary, this dedication should be accomplished prior to issuance of the building permit. Report prepared by: Kjell Stoknes, Director Office of Community Development Date &1rs1 J y Attachment: Memorandum from Gary Crutchfield dated 25 April 1978 Letter from R. F. Larsen dated April 18, 1978 Letter from LeRoy Bowen dated April 18, 1976, SB 1978 Page 2 BUILDING MTV of TUK@.4W IILA OFFICE of COMMUNITY DEVELOPMENT 25 April 1978 MEMORANDUM TO: Kjell Stoknes, D tor, OCD FROM: Gary Crutchfiel tant Planner SUBJECT: USE INTERPRETATION: Office Building in RMH zone ete v ii f This memorandum is offered in response to the attached letters requesting allowance of an office building in the RMH district. First, the RMH district (Chapter 18.20 TMC) essentially provides for high - density multiple- family residential developments. This factor.is borneout in consideration of the allowed uses under 18.20.010 and the dimensional regulations of that chapter. The "essential use" (as defined in Section 18.06.340) is, therefore, high- density residential structures. Subsection (4) of Section 18.20.010 allows "offices and clinics... when such offices occupy no more than the first two stories of the building... ". This allowance is subordinate to the essential use and is explicitly limited to the first two stories of a building housing the essential use. As such, a separate, free- standing office building is not a permitted use in the RMH zone, regardless of the number of stories. This conclusion is underscored by the fact that recent office building developments have sought C -1 zoning to accomodate their desired uses. It should be noted, however, that subsection (1) of Section 18.20.010 allows any of the uses permitted under Section 18.18.010 (R -4 zone). Referring-to that Section, subsection (8) specifically authorizes, under certain conditions, office buildings of a single organization or society. Again, by virtue of its special conditions, the separate office building is considered an exception to the "essential use ". In summary, office use is permitted in the RMH district ONLY if it occupies the first two stories of a high - density residential structure. However, an office building of a single organization or society MAY be permitted in the RMH dis trict under the criteria of Section 18.18.010 (8). This information is intended to provide you with the basic posture of the Plan- ning Division in consideration of the information available and assessed herein. Please consider it as such and offer your concurrence or revision, that we may inform the inquisitors. GC /ch ; 1/ . • Attachments: ap S2JC Sout1::::•nter Itoulevard " Tukwila, Warh n "183 n Mr. Kjeli Stokness Tukwila Planning Department 6230 Southcenter Blvd. Tukwila, Washington 98067 Dear Mr. Stokness: As you know, the Seattle Professional Engineering Employees' Association is purchasing between 52nd Ave. So. and 51st Ave. So., approximately 15207 52nd Ave. So. (Phillip Nunan's property). The Comprehensive plan shows zoning of single family (from R.M.H.). I am assuming that SPEEA will have to be compatible with some of the specifications in RMH zoning, such as professional offices (doctors, lawyers, etc.). I would like to point out that the SPEEA building and use will also be low profile and of little traffic impact. .The building will have only one tenant (SPEEA). It will be two stories of 5,000 square feet on each floor (2 stories maximum) and will have approximately 9 employees. May I have a letter from you regarding this matter so I can give it to the architects, Kirk - Wallace and McKinley to submit with the waiver application re: Ord. #1053. They will have preliminary requirements ready in a few clays and will be contacting your department with the complete application for waiver. RFL:mis Thank you. Sincerely, April 18, 1978 F.‘ „Larsen Sealand. Properties 33125 -15th Ave. So. Federal Way, WA A. Bowen Gary Crutchfield City of Tukwila 6230 Southcenter Blvd Tuk~ ,iila Wash. 98067 ( F1 ' 7. Oi`/I ERCIAL 2e IN SUS Lr IA 301 LLOYO 3U(LO((VC • SEATTLE. WASH. 9 • MU 2 -1433 Dear Mr Crutchfield I hereby request that Washington Education Association be considered a compatible use within R. M. H. zoing, which allows professional use. Washington Education Association being a professional single tenant use within a two story building. Best Regards ././ REAL ESTATE April 18, 1976 11, I APR. 191978 CITY ea T UKWILA to PL5:aJ5+3 C wV K Ik Jv - PAL"STY•'Jf'dt.y.t _ "J�1{�iG�► tic! 7Yw3"} lI�S/'+}G.A]3t�ry`�3aa8;a"� ^7 _.:.,. �WI.!'i i/:� l:. •sA • P J x til (M Ur. J f1 ;.; J in �4y1. ..'..b4.,..i./r:3:Z:v...'ya:... 'a'.....u.- Cw�:tit:�'b P :: ito0ophaarao t 2C *23 24 — 2177 0 MEMORANDUM Date: - August 15, 1978 J To: Fred Satterstrom, Associate Planner From: Terry "Monaghan, Public Works Direct m Subject: WEA Conditional Use Permit m My observation and comment regarding the Plot Plan for the 'WEA site EC proposal is that the driveways.' are less than 20 feet from the property 4 line. This not withstanding, however, it would appear to me that a Q central driveway - break - driveway for egress and ingress would be a • more desirable situation. In fact, I would encourage this layout. See the sketch attached for graphic illustration of this concept. TRM /dp Ul Attachment w Q 1- l31 U3 EC CO El L1 ern LW J ::7�`c•r• "r.i.',•". ?f".t. ° „ !i'I':' :. •Wit^+;.^ �.,�..;�. + {^p*.. , ri . r . °. .a �, ... , _. n , + �z'Fa� ..ya. ^ \ ^a?•�•_ -.�.. .... ......�..,., s... rr' ti:... :.:.::d.,S.1:::.i'::........... ... .... ....dr.......✓ ::4 .. a.4..i.a...:•i ._ .a....i.N:ct)d..:.,r' ........ !..:. »!.✓ "�kf'.L :.::: �»:.�:.:... ,. El ura 1 �1 • .... • Im .•••••••- -••• • , tura •• •• , ,,I, •••• •••• • • .,..1fl••••64an....•••••••••■••••onws•Or.o• ors•• ,••••A 01 er 1/2••‘1 • 0:" .,•••• "••• • •.':"•••••. - • • \ 1/44; ; ;-,0" ut 81 • • . 71'..! • - .• , • • O.V.U. CITY OF TUK1SIlA MEMORANDUM Date: June 16, 1978 To: Mayor Bauch From: Terry Monaghan ra Subject: Water service to WEA. and SPEEA projects On Thursday, June 15, Mr. Frank Pearson, the manager of Water District EC 125, informed me that the commissioners met the previous evening. At EL that meeting, they voted no to requesting the City of Tukwila to i t temporarily supplying water to them to allow them to meet the demands of the WEA and SPEEA projects. TRM/dp El 6.) i.J :•:.: • PL9M1..3= r -c3,7:1i1VB 17.3EPAtzITMEEN g ea.,-...:.hcanter EZma.31avarel wk h5n1tcra tolophz.vera C re.C.'; 3 2.42 -1...177 tr -71 izt::.f.W7 7 0-VP'er:17-;:r 4 P:rn-'5v 14 . 7 -7 1 1V+Y-7reaz*t — elwW7;97;;:-_':*:Z , F ID WATER LINE City of Tukwila Fire Department Mr. Gerry Gerron 2000 Fairview Avenue E. Seattle, Washington 98102 Dear Mr. Gerron: Edgar D. Bauch Mayor Hubert H. Crawley Fire Chief Fire Preventi June 7, 1978 Using the "Guide for Determination of Required Fire Flows ", published by the Insurance Services Office, I have arrived at the following flow requirements for the proposed WEA facility in Tukwila. Bldg. #1. (30,000 sq. ft., sprinkled, fire - resistive construction) = 2000 GPM. Bldg. #2. (.10,000 sq. ft., unsprinkled, heavy- timber construction - = 2500 GPM Please call if you require further information. Yours very truly, QH:vma James A. Hoel cc:TFD file Fire Marshal Dick Williams, Public Works City of Tukwila Fire Department, 444 Andover Park East, Tukwila, Washington 98188 (206) 575 -4404 KIRK I WALLACE I McKINLEY I AIA & ASSOCIATES I ARCHITECTS PAUL HAYDEN KIRK FAIR DONALD S. WALL AC/. A :A DAVID A McKiNI F.'/ JR F A I A May 15, 1978 The City Council City of Tukwila Ladies and Gentlemen: On behalf of the Washington Education Association (WEA) and the Seattle Professional Engineers Employees Association (SPEEA), I am requesting your favorable consideration of granting a waiver under Ordinance 1053 in order that these two organizations may construct their office buildings. The Comprehensive Land Use Plan has designated this area as low density residential; I am requesting that the property be reverted to the underlying zoning of RMH. As you can see from the attached maps, the subject property is on the western boundary separating Tukwila and King County. The property immediately north will be used for a duplex- triplex development. The property to the east is residential, and contains an auto -parts junkyard. The property immediately to the south is zoned "Commercial". It is our feeling that - given the commercial - high density envelope surrounding the property, and as the site is at the edge of the Tukwila City limits - the use of an RMH zoning will have a minimum impact. The two buildings are planned as an office park, with heavy land- scaping, natural materials, earth berms and low profile structures to be in character with the neighborhood. Our firm has a history of successful architecture, as evidenced by over 60 major national and regional design and environmental awards. The WEA and SPEEA are committed to producing two quality structures. THE WEA BUILDING: This structure is 2 stories in height, with 15,000 s.f. per floor. It shall be a buff -toned concrete structure, with the aggregate exposed by sandblasting. There will be glass areas, as well as wood trellis and accents. Also, planters on the exterior decks will be planted with evergreen materials which will grow -over and tend to blend the building into the surrounding lush environment. 2000FAIRVIEWAVE EAST SCAT II_f WASIiit,C.ION t3tO. 20B 329 20O0 • MORRIS R. JEtLSSON AIA ROBERT L. TERRELL EDWARD M WILLIAMSON AIA KEITH A. JACOBSON AIA BOYCE R PENNINGER MICHAEL 0 MAHER AIA GENE EDS TAM JAMES GRECO AIA MARLENE J. LAMBERT • GERALD J. GERRON AIA The City Council City of Tukwila May 15, 1978 Page Two THE SPEEA BUILDING: This structure is also 2 stories in height with 5,000 s.f. per floor. It is basically a heavy timber structure, with glass and wood walls. The building is not large in comparison with the planned triplexes to the north. Both buildings will share access from 51st and 52nd Avenues. There will be a common parking area for both buildings, which will act as a buffer from the adjoining property. Both Owners' plan to add to the existing landscaping. Because of the steep grades and the planted earth berms, the buildings will be minimized or excluded from view (as was Alaska Airlines Headquarters Building). Storm water runoff is handled immediately on 52nd Avenue and diverted to the Green River. On summary, we believe that the proposed projects are being approached in a competent and conscientious manner, with utmost regard to the surrounding neighborhood. The City of Tukwila has an opportunity to include 2 fine state -wide organizations who plan to provide a quality contribution to the area. I appreciate your efforts and courtesy in consideration of this request. Thank you for the opportunity of addressing the City Council. Sincerely, GG /b WALLACE, Mc ...i.EY, AIA & ASSOCIATES Gerald J. Gerron, AIA Architect for WEA and SPEEA . Of fU ' i i_1 APPLICATION FOR WAIVER FROM THE PROVISIONS OF ORDINANCE NO, 1053 (Please type or print) Permit applied for requiring a waiver: Date of Application: 5/3/78 Name of Applicant: Washington Education Association WEA + SPEEA Mailing Address: c/o Kirk, Wallace, McKinley; 2000 Fairview Ave. East; City: Seattle Zip: 98102 Phone: 329 -2000 Ownership Interest in Property: WEA + SPEEA proposed to purchase adjacent parcels Legal Description of Property Affected: SEE ATTACHED. General Location of Property: SEE ATTACHED 1. State specifically the action in Ordinance No. 1035 to which you are request- ing a waiver: Waive comma_ plan zoning of low density resislenta to RMH (underlying zoning) - conditional use required for RMH. - 2. Briefly and generally de:.cri.be the action you are proposing, including demon - sional information about the develc'pric -nt: 1st Building: 2 story. 15,0 a,f. per floor - concrete structure, glass + wood accents; 2nd Building: 2 story, 5,000 s.f. per floor - heavy timber, wood exterior - for both buildings = + 150 cars. 3. Does your proposal represent a un i.que condition which is insignificant in scale? I F so, please explain: - The 30000 s. f . - structure will be composed_Df__ elements which reduce the scale - also heavy landscaping, earth berms, + a significant slope will mitigate the size. The 10,000 s.f. building will be of a residential scale and character. �l. Are other reasonable development alternatives available which would not require a waiver? If so, what are these alternatives? No! - We have investigated several sites in Tukwila - property in question is ideal. 5. If the request for waiver involves building, grading, clearing, excavation, or filling in a geographical area generally identified by the Environmental Base - map as an area of high natural amenity or development constraint, what mitigat- ing measures are. provided? Landscaping; earth berms; low scale buildings; minimized grading; natural earth -tone colors and materials. 6. What goals and policies can you identify which would support your request for waiver, if any? Quality architecture; significant allowance for landscaping; low profile; minimized earthwork. 1053 7. In your opinion, do the requirements of Ordinance MIN impose a special hard- ship to a site which a waiver of the provisions would not necessitate a major policy commitment prior to the adoption of the Zoning Ordinance and Map? No OWNER'S SIGNATURE: Gerald J. Gerron, IA, Architect Agent for WEA and SPEEA BELOW THIS LINE IS TO BE FILLED IN BY THE CITY: Irate application is complete and accepted for filing: Date SEI'A review complete: -2- " ti 4 6r " 11 41 is M IO7I114;11 , TT - I SOUTNCENTER PART FRWY f SrA 7 , r p 0 1 f R = 1 A N fi 0 a f A V 5[AVO iF Al NU, .A )11;4151_ AV f,A+11 RTfI AY .",",�' :A .. a y•A SAE r A VS r 1 sj . `• A' \t l lnll N1 , " , •r • 5 b Ras 1 vo011fifV RAINIER AV S 471 w d {;. t:r;q A Y •., 7218 AV N 66TH 6 • i........,.._ .L(.'4.. AV Ss II IO T 1118 AV_, 5 k g! TN AV ) 11111... A•X s *TAD AT S `'• rn *)ill ? AV • t� AI IR A'l• I, '4;;.' 44177 AV ) ••• .1l • 1 . 10•I17 AT TI. rep n. I () 8 T - I tr 0. I Wi,• 1'l ci 3 74775 �AV S 72 w AV S '^ VALLEY -' ' I0JRI• 781 See Map •!II T �Ih 11 J..4y A r 1 tier t'4ap •t.: S GRANT 110. r.. S ..11,:. "•. )t -1 r i n, IA �,,J I �1..�;, '. �� Y o• tr nt .f t om = Rt• Ct .4 74 tljt �• '• RENTON AV f 1A „RANI V AY L_Jf ' N a 1G1 AY :n 0 lolEf yl! V 3 .'o. fY C11, CP) 1 LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL OFFICE ' igi COMMERCIAL la LIGHT INDUSTRIAL -® HEAVY INDUSTRIAL PUBLIC FACILITIES r E PARKS AND OPEN SPACE r i IN SPECIAL DEVELOPMENT CO TIMM MAMAS OF STRAP SLOPES MMTU suWALS, APO AOINCI&TURAL LANDS. TINS OASIONATION OOHS NOT PPISf.L1OR OAYAL.PMCMT• RATHI P, IT OAPICI8 ANUS WHAM UNMAN OAYALOj4RNT PM15T NASPONO SANSRIYM.Y TO CAR AN ENVOKONSWIAL FACTORS, ��.. PLANNING AREA BOUNDARY IaIHIIa CITY BOUNDARY r SIDERATI S , , 0 „‘e JL_ 1 COMPREHENSIVE LAND USE PLAN M'4 1 P nRE& LONOACNCS , • " n7 11.•••.'S L --. of— ‹/ 60 • •• . . t ''••■• • . ••■ 0 e r oe" ENT rjJ . 11 1 L IKING CO 9111Fa TUKWILL PROPOSED APT. SITE 51St storm —52r}d w2ArEtz.A.A SCHERAKTPC 85TE PL wri ft 2 D c nio 1 m x cn m Planter +27 Landscaping Concrete Glass BUILDING SECTION Berm • 11•1111111MIS, / ©O PER LEVEL 4272 sf. s Jit/i/I f � " prima i 1'.� r s ;+ 1111 Ii...��11t+. ,.�r ..�. wwAw�I�w�� 1 1 THOMAS C. EVANS JANET E. QUIMBY GLENNA S. HALL Evans, Quimby & Hall, Inc., P.S. City Council City of Tukwila ' 14475 59th South Tukwila, Washington 98188 Dear Councilmembers: May 12, 1978 RE: Bryant Waiver to Ordinances 1035 and 1053 A PROFESSIONAL SERVICE CORPORATION LAW OFFICES: COLLEGE CENTER BLDG. 4556 University Way N.E. Seattle, Washington 96105 (206) 633-3900 O.C.D. CITY OF TUKWILA MAY 1 5 1918 As you may recall, I have in the past advised residents of McMicken Heights in land use issues before the City of Tukwila that affect the McMicken Heights community. They have discussed with me the Bryant Waiver application, particularly as to the effect of Parkridge v; City of Seattle on this issue. In an effort to assist the Council I am summarizing for you my interpretation of the impact of Parkrid,ge. Briefly, Parkridge involved a site - specific rezone initiated in response to an application for building permit under the existing, more intensive zoning. The Court reversed prior law in holding that there was no presumption of validity attached to the City s action in downzoning the subject property. The Court also affirmed the traditional vested rights rule, i.e. a building permit will issue for an application which conforms to the zoning and building regulations in effect at the time the application is made. I note several distinctions between Parkridge and the Bryant application: No comprehensive plan revision was in process at the time the Parkridge rezone occurred. This point is most significant in that the Court does still distinguish comprehensive plan revision followed by area -wide zoning from site specific rezones not related to comprehensive plan revision. The former remains a legislative /policy- making function to which a court gives greater deference to the City. In contrast, Parkridge was a site specific rezone where the original apartment zoning was given the presumption of validity (because it was adopted pursuant to comprehensive plan revision). The City in Parkridge failed to show such a change in neighborhood conditions so as to warrant a rezone in the public interest. City Council May 12, 1978 Page 2 As I understand it, the City of Tukwila is beginning an area - wide zoning process for the purpose of conforming existing zoning to the new comprehensive plan. This remains a legislative function given deference by the Court, and the resulting zoning would be presumed valid; More problematic is the question of what standard to use in the interim. In Sharninghouse v. Bellingham, 4 Wn. App; 198 (1971) the existing zoning was inconsistent with the newly adopted comprehensive plan, and the appellate court held that the existing zoning controlled. However, that case was decided under a statute authorizing planning different from that applicable to Tukwila. Also I believe that courts are now placing greater emphasis on the comprehensive plan (see Baker v; City of Milwaukee, 533 P 2d 772 (Oregon, 1975). Finally, there were no interim ordinances in Sharninghouse as there are here. I believe an appropriate comparison can be made with the preparation of Shoreline master programs under the State Shoreline Management Act (SMA), While the various jurisdictions were preparing their respective master programs, development applications were evaluated for consistency with the master program being prepared "insofar as can be ascertained." (see RCW 90.58 ;140); In several instances, the Shoreline Hearings Board has denied a substantial development permit which was inconsistent with a draft master program; In many instances such a procedure is necessary if the orderly process of preparing a plan is not to be defeated by inconsistent and premature developments; A 5 -year rural "holding zone" pending completion of a comprehen- sive plan was sustained in State ex ref Randall v; Snohomish County, 79 Wn: 2d 619 (1971), the Court noting: such a limitation may well be necessary to prevent haphazard commercial developments which, by creating pre - existing uses, would obstruct the orderly planning envisioned by RCW 36.70 and validly contem- plated by the comprehensive plan." With respect to the vested rights issues, Parkridge did not address the discretionary power to deny or condition a proposal based upon environmental grounds; that discretionary power remains. It appears that the original application of Bryant was denied on that basis, and a new application subsequently made. A clear denial and reapplication is different from the Parkridge situation wherein one application was made without denial or prompt review; In Parkridge the Court agreed "that the City should be required to process Parkridge's building application promptly, diligently and in good faith;" (Note City Council I( May 12, 1978 Page 3 JEQ : pb cc: Larry Hard Kjell Stoknes Dennis Robertson "process" rather than "approve "). This I believe the City of Tukwila is doing. With respect to the criteria for waiver, my clients believe that none of the 5 criteria have been met. It is not a unique and insignificant condition; reasonable alternatives are available; mitigating measures proposed are insignificant given the development constraints; it is not consistent with the goals and policies of the comprehensive plan; most important, it will result in a major policy commitment having great precedential implications for similar applicants. Conformance with the comprehensive plan is an important factor in that the comprehensive plan is to serve as a basic source of reference for future legislative and administrative action. RCW 35A;63.080. In addition, if the proposal is for condomin- iums, a division of property similar to a traditional subdivision occurs. Under subdivision laws (RCW 58.17.100) the City is required to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan. For the reasons outlined above, I do not believe that this application conforms to the waiver criteria, nor does the Parkridge decision apply in this instance, Very truly yours k .6 et E. Quimby 4 May 1978 MEMORANDUM CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT TO: City Council FROM: Kjell Stoknes SUBJECT: Waiver Application by WEA and SPEEA The above two organizations have applied for a waiver to Ordinance 1035 as amended by Ordinance 1053 to be allowed to construct office buildings between 51st Street South and 52nd Street South just north of and adjacent to South - center Boulevard. This waiver is necessary since the area is designated as single- family in the recently adopted Comprehensive Plan. INFORMATION ON THE WAIVER REQUEST: Present Zoning: RMH Present Comprehensive Plan Designation: Single - Family It appears that the applicant has met the minimum requirements for this item to appear before the City Council. However, we do not have 82" x14" reductions of all the plans submitted so they cannot be produced for this Council packet. RECOMMENDATION: It is recommended that the Council consider the information submitted with this Memorandum as well as any information provided by the applicant during the Commit - tee-of- the -Whole meeting of May 8, 1978. If the Council feels that the information provided is not adequate, it should be referred back to the applicant or staff to have any additional information being necessary gathered. Again, I recommend the Council consider the City Council waiver checklist and use this religiously in any approvals or denials of this preliminary waiver request. Copies of the full sized plans are available in the City Clerk's office for review. KS /ch Attachments 6230 Southcenter Boulevard r Tukwila, Washington 98188 a (206) 242 -2177 operation: In the matter of the application of AIER . GIST^ IC.{ 'fir 38 to lay dorm, construct, maintain and operate a systei cast iron, steel, asbestos cement & reinforced plastic water Mains, laterals and service pipes. 1073 I:ING COUNTY, WASHINGTON, granting franchise rights to ,WATER DISTRICT -;=36 for watermain installations, maintenance and The application of ' ATFR D f STR I +:T . 1a • Grantee, for a franchise to lay down, constz'iict, maintain and operate a single line of iron pipes and iron lateral pipe along, under and across such County roads, streets, avenues, boulevards, alleys and public places herein- after described, having come on regularly to be/heard.an this a4a day of 1922L, and it having been made to appear to the Icing County' Council, ereinafter called the "Council" that all of said streets, avenues, boulevards, alleys, public places and' public roads and highways lie outside the limits of any incorporated town or'city and that due and legal notice of said application and of the hearing had been given by posting and publication and in manner and as required by law, and the Council having considered said application and being advised in the premises: NOW, THEREFORE, King County, Washington, pursuant to io--1e460Thaftee No.' /07.3 duly and regularly,enacted by its .Council the day of , 19, , hereby grants to said WATER DISTRICT 3R hereinafter called the "Grantee`, and to its successors and assigns, subject to all the terms and conditions, hereof; for the term of 25 years from the date hereof; the right, privilege, authority and franchise for it- self, its successors and assigns, to lay doom, construct, maintain and oper- ate a single line of cast iron, steel, asbestos cement and reinforced plastic water mains, laterals and service pipe along, under and across such County roads (where pipes cross such paved roads, pipes shall be placed in steel jackets) together with all necessary equipment of every'sort necessary for the delivery of crater to consumers upon the following County roads, streets, avenues, boulevards, alleys and public places: The location and nature of the franchise being more particularly de- scribed as follows: SEE ATTACHED SHEETS. . PAGE 1 . 7/z e/77-- , 1.) '.T j: 38 Fronrhise Anplication Sezinning at the S.W. corner of tion 22, - 1 , 4). 23 N. R. 4 E. Plence Northeasterly lbr a the c/L of State Sign Route 9 apprax. 5150 fcet to ;klint at the intersection of said C/L and the easterly extension of th2 south b:ur.dary of lot 25, block 2 Adams Hcme Tracts. • rnence Westerly t3 the S.W. corner of lot 26, block 2 Adams HOM9 Tracts. Thqice North along The west boundary of It 26 to the corner •thereof. Thence Westerly along the south boundary of .tracts 3,4,5,6,7,8,9, and 10 • Ad=s Home Tracts,. and the •Westerly extensibn thereof to the. C/L cf 34th AV2. E. Thenco North and .!ortnwesterly along the C/L of :34th Ave. S. and. 33rd Ave. S. to an intersection with the west boundary. of Section 1 Twp. 23 N, R. 4 E,.which is approximately 60 S.E. of intersection of Said CA.: with the.CiL of S. 14'3th St.. Thence North along the west 'boundary .of .said Section.15 ta the CIL of S, 128th St. Thence. Northeast to the C1 P.S.H. No. 1 (Pacific Highway • Thence. Northwest and North along said C/L to the S..boundary.of State Sign 99 T (Interurban Ave.) • : • • • Thence East. and South along the S.W. boundary af State-Sign Rt. 99 T•tc the C/L of 42nd Ave. S., which is also the City Limits of the Town of. Tukwila. Thence South 'along the C/L of 42nd Ave. S. to the S. boundary of 133rd StrPet. Thence East to the Northwesterly boundary of Tract 17, Fostoria Gordon Tracts. Thence Southwesterly along said N.W. boundary of Tract' 17 and ext thoreof to tho C/L of I35th Place S. Thence Southerly and Eastert ng• said C/L to a point which is 25 feet N. cf the N. boundary of lo.t 15,(bloCA, )Hollwiggs Addition to Fostoria Unreorded. Thence iest on a 1 ifl2 'parallel with and 25 feet N. cf the N. boundary of said lc: 15, to the C/L vacated 46th Ave. S..extended, • Thonce S. alone the C/L of vacated 46th Ave. S. to tho.C/L of S. 140th St. • Thence S.E. 15 feet more or lass to the N.W. corner of T.L.% 107 in Sc. 15, • Two. 23 N., R. 4 E.W.:q. • Morir 5, along the West boundary of said T.L. 107 to the S.W. corner •thereaf, which is also the N.W. corner cf. Tax Lot::164. _ Thenco East; South, East,Southeast and West alang.the perimeter of Tax Lot 164 • to the N.E. corner of Tax.Lot 124. Tnzo South along the East boundary of said Tax tot 124 to — the S.E. corner theroof South along — the. southerly:: extension thereof to: the C/L of 5 144th. Street, which is also the North boundary of Sec. 22, Twp. .23 N;, R.4 F,W.M. Thence East along said C/L to.therrorthely extension of the. East boundary of Tract ■ Adf Home Tracts. Tierce nut to the C/L of S. 152na St. Thence West along The .C/L cif S. 152nd St. to the N.E. corner to T.L.L3, Sec. 22, Twp. 2.3,.N.R, 4 E.W.M. • Thence South along the east boundary of Tax Lot 3,• to the S.E. Corner thereol, Thence East to the N.E. corner of Tx Let 90. Th2ncc Southwesterly along the easterly boundary (If To Lot 90 and the extension thereof to the 'soilth boundary ,of Ztate Sign ROUt2 518. Mcnce Westerly along said south boundary' to the northerly extension of the West boun:!.2.ry. of Tract 23, Sunnydale Gardens Oiv. N3.. • Thence South along said extension and said west bounriory to the S.E. corner of Tax Trr Lot 13. t.r:st 280.52 alon .1:■12 south E bnundary of Tax Lot 13 prtiorr2,, Twp. 23 N., X.N. goile.a.... ;7 7 • C Water uist. 3; }•J N.E. corner et T, <.:_, 3A—', 5u, ..nv;i;..i_ Car: ens, Di.. ;dD, ? ,r..., ^: je. -2t to t..,` N.W. ce r . , r t Thqnc i r'� alono the 'west kl7i J Z 1 ract Tn_ 'test 164 39 feet to the C/L of 42nd Ave. S. T em:2 S. 600. 7 ! feat along said C/L t;; the easter:y extension of the ;- f ca.nttrl:ne of lrnct 105, Sunnyvale Gardens Div. ''lo, 1. Thence hest along th', E /'•1 C/L of Tract 105, 10:, 103, 102 and 101 to the ,,y.,s: boundary of Tract 101, S;:nnydale Garden Tracts, Div, 1.o. 1. Thence S.82.60 feet. Thence W. 160 felt Thence N. 18 feet =.to the S.E. corner of Tax Lot 7o. Thence ';lest 266 feet Thence 5. 60 feet +Hence West to the E. boundary of Mi i i tary Road South. . Thence S. to the C/L of S. 160th Street which is also the South boundary of Sec.22, Twp. 23 N.R. 4 E.W.M. • Thence W. along the south boundary of said Section 22, to the S.W. corner thereof Which• was the point of beginning. • This franchise is granted upon the following express terms and conditions, to -wit: 1. Whenever any of the streets, avenues, alleys, county roads or public places as designated in this franchise by reason of the subsequent in- corporation or extension of same of any city or town within the terri- tory hcreinbefore described, shall fall within the city or town limits, then all the rights, privileges and franchise herein granted shall termi- nate in respect to said streets, avenues, alleys, County roads and public places so annexed, but this franchise shall continue in force and effect in respect to all such streets, avenues, alleys, County roads, and public places not so annexed. And in the event the territory, covered by this grant, shall at any time during the term of this franchise be included within the territory of any incorporated city or town, the authorities of said city or town shall have the right at their discretion to acquire by purchase or con- demnation any or all of such mains, laterals, service pipe, and equip- ment, etc., comprising the Grantee's crater system at a price to be based upon the reasonable value of same at that time, without any additional value for the franchise or any unexpired period thereof. 2. The Grantee shall have the right and authority to enter upon the above mentioned streets, avenues, alleys, county roads and public places for the purpose of construction work, making extensions of mains and later- als, connecting same with consumers service pipes, repair equipment, maintain and operate said lines, charge and collect toll for delivery of water, and make such rules and regulations governing same as may be in conformity with such state statutes and regulations as are no *.•r in force or as may hereafter be enacted or adopted, governing such utilities. 3. The Grantee double line the Council a single to to be under Director of may lay, construct, maintain and operate a single line or of pipe or partly single and partly double line of pipe and may, upon a showing by the Grantee of its necessity, change a double pipe line, all construction and installation work the supervision and pass the inspection of the King County Public Works, hereinafter called the "Director ". • 4. The Grantee for itself, its successors or assigns, shall commence con- struction work under this franchise, within. six (6) months from and after the date of passage thereof. If at the end of five (5) years from and after the granting of this franchise, the Grantee its successors or assigns, shall not have laid, constructed and have in operation upon any of the alleys, streets, avenues, county roads or public places as herein designated, a line of watermains, laterals or service pipes, then in that event, the rights hereby conferred upon the Grantee shall cease and terminate so far as unoccupied streets, roads, etc., bre concerned. 5. The location of all mains, laterals, service pipe and appurtenances, their depth below surface of ground or grade of any county road, street, avenue, alley or public place, shall be determined and fixed by the Director and before any.uork is done by the Grantee under this franchise, it shall first file with the Director an application for permit to do such work, accompanied by blue prints (permit form and blue prints in triplicate) showing the position and location of all mains, laterals, service pipes, extensions, meter boxes, plugs, sandpipes, etc., sought to be constructed, laid, installed or erected at the time, showing their relative positions to existing county road, street, alley, right of way or property lines, upon prints drawn to scale, designating said roads or streets by their names and number, showing width of same, giving outline of local improvements, such as sidewalks, curbs, gutters, shoulders of roadway, ditches, paved .roadways, roadways to property line turnouts, parking strips, telephone or electric distribution poles, conduits, sever or water pipe lines, etc., as may exist on ground sought to be occupied. PAGE 2 t 3 ' :f The Grantee shall specify the class and type of material used shown in detail plans, equipment to be used and mode of safeguarding and facili- tating the public traffic during construction. All such material and equipment shall be of first class, of the type and kind manner of exca- vation, construction installation, backfill, and temporary structures; as traffic turnouts, road obstructions, etc., shall meet with the approval of, pass all requirements of, and be constructed under the supervision of the Director. The .r.id Grantee shall pay to the County all costs of and expenses incurred in the examination, inspection and supervision of such work, on account of the granting of said permit. 6 The Grantee shall leave all streets, avenues, alleys, roads or public places, after laying and installing mains and doing construction work making repairs to equipment etc., in as good and safe condition in all respects as they were before the commencement of such work by the Grantee, its agents or contractors, or when such work has met with the approval of the Director. In case of any damage to said streets, avenues, alleys, county roads, or public places, or to paved or planked roadways, turnouts, gutters, ditches, wood or concrete walks,.,drain pipes, hand or embankment rails, bridges, trestles, wharves or landings, by the Grantee, the said Grantee agrees to immediately repair said damage at its own sole cost and expense. King County may at any time do, order and have done any and all work con- sidered necessary to restore to a safe condition any such street, avenue, alley, road, or public place left by the Grantee, or agents, in a con- dition dangerous to life or property and the Grantee upon demand shall pay to the County all costs of such construction or repair and of doing such work. 7. The Grantee hereby agrees for itself, its successors and assigns, to pro- tect and save harmless Xing County from all claims, actions or damages of every kind and description which may accrue to or be suffered by any person or persons, corporation or property by reason of any faulty.con- struction, defective material, or equipment, or maintenance, or by the improper occupation of said right of way by the said Grantee or by reason of.the. negligent, improper, or faulty manner of safeguarding any excava- tion, temporary turnouts, or inefficient operation by the Grantee of water pipe lines over said streets, avenues, alleys, roads and public places as hereinbefore designated and in case that suit or action is brought against the said King County for damages arising out of or by reason of any of the above mentioned causes the Grantee, its successors, or assigns will, upon notice to it or them of the commencement of said action, defend the same at its or their sole cost and expense and in case judgment..shall be render- ed against King County in suit or action, will fully satisfy said judgment within ninety (90) days after the said suit or action shall have finally been determined if determined adversel;r to King County. The Grantee hereby agrees, for itself, its successors and assigns, to repair any damage to the County roads over which it holds a franchise, and all other county improvements caused by the failure of the Grantees work during the life of this franchise. Failure on the part of the Grantee to promptly repair the damaged work upon notice from the Director to do so, shall be warrant for the county to make the necessary repairs and charge same to the Grantee. Acceptance of the work by the County at the time of completion shall be no defense for avoidance of this covenant. PROVIDED, that the Grantee, its successors and assigns shall have the right to employ its or their own counsel in any cause or action and be given the management of the defense thereof. 8. The laying, construction, maintenance and operation of the said Grantee ?s system of watermains, laterals, service pipe, etc., granted under this, franchise shall not preclude King,County, its accredited agents, or its contractors, from blasting, grading, or doing other necessary road work contiguous to the said GranteeTs pipe lines, provided that the Grantee shall have twenty -four (24) hours notice of said blasting or excavating in that said Grantee may protect its line of pipe and property. Franchise 9. :I:f, at any time, Kin ; County, deeming It advisable to improve any of its stroots, tr.vonues, alleys, county r'oc.ds or public places, as }.Ie2'oinb: io3'C: designated, by Grading or rograd:i.ng , planking or paving name, or altar . lrig, claarl.g:i.ng, rct: a5 r :Lng, or roi.Inpr'ovina same, the Grantee, upon l :ritten nonce •by King County shall, at its or their own expense, immediately so raise, lower, or Inovo liuo .of pipes to conform to such now grades as may be established, er place said pipes in such location, or posi- tions, as shall cause th.o least interference with any such improvements or work thereon as contemplated by King County and the said County shn.11 in no wise be held liable for any damages to said Grantee that may occur by reason of the Countyrs improvements, repairs or maintenance or by the exer. vise• of any rights so reserved in this section or grant. If King County shall improve such streets, avenues, alloys, county roads or public places, the Grantee sha].:_ on written notice by King County, at its own expense roplace such pipe or pipes as may be in or through' t he improved subgrade of such improvement, with pipe or pipes of such mater- ial as conform to the specifications for the improvement of-such streets, avenues, alleys, county roads or public places. 10. This grant or privilege shall not be deemed or held to be an exclusive . franchise. It shall in no manner prohibit King County from granting other franchises of a like nature or franchises for other public or private utilities, over, along, across, under and upon any of the . streets, avenues, alleys, roads or public places as herein enumerated, and shall in no 1•Iiso prevent or prohibit-King County using any of said streets, roads, etc., or affect its jurisdiction over them or any part of them, with full power to make all necessary changes, relocations, repairs,maintenance, etc., of same as it deems fit. 11. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Grantee, and all privileges of. the Grantee shall inure to successors and assigns equally as if they were specifically mentioned wherever the Grantee is mentioned. 12. If the Grantee itself, its successors or assigns, shall willfully violate, or fail to comply with any of the provisions of this grant, or through willful or unreasonable neglect fail to heed or comply with any notice given the Grantee under the provisions of this grant, then the said Grantee, its successors or assigns shall forfeit all rights conferred hereunder and this franchise may be revoked or annulled by King County. 13. King County reserves for itself the right at any time uponf -eight (48) hours written notice to the Grantee to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute, or county regulation, relating to the public wel- fare, health, safety or highway regulation as may hereinafter be enacted, amended, adopted, changed, etc., and this franchise may be terminated at any time if same is not operated or maintained in accordance with its provisions, or at all.. 14. In consideration of the granting of this franchise by King County to the Grantee, the Grantee for itself, its successors and assigns, hereby con- tracts and agrees to save King County harmless from any liability of whatsoever nature arising out of any damage and /or destruction done or suffered to be done to Grantee's watermains, valves, pipes or other fit- tings of whatsoever nature placed upon, along, or under the county road right of way or to any other person or property injured or damaged as the result of the use or occupation of any part of the county road right of wa: by Grantee under the terms o.f this franchise. This paragraph shall be cony struod to mean_ that the Grantee accepts this franchise and any rights con- ferred hereunder for the use and occupation of any portion of the right of vay, at its own risk, and agrees to assume responsibility for any damage occassioned to Grantee, or to any other person by King County in the main- tenance and /or construction •work performed by King County upon the road- ways described above and which would not have occurred but for the pre- sence on said roadways of the Grantee's pipes or other property mentioned above. . ,pct. 15. If at any time King County shalt install a line of pipes for sewage and dr'7in. e, upon any of the streets, aver.ues, alleys, county roods or public places herein described, the Grantee, upon written notice by King County, shall temporarily remove its line of water pipes at its own expense during said installation and replace same at its • own sale cost and expense under the supervision of King County. 16. Before any work is performed under this franchise, the Grantee shall reference all monuments and markers of every nature reiating to sub— division plats, highways and all other surveys. The reference points shall be so 1 ^cited that they will not be disturbed during the Grantee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the Director before placement. The replacement of all such monuments or markers disturbed during construction • shall be made as expeditiously as conditions permit and as directed by the Director The cost of monuments or other markers lost, destroyed, or disturbed and the expens of replacement by approved monuments shall be borne by theGrantee. 17. If within thirty (30) days after the granting of this franchise the grantee shall have failed to sign the incorporated written asceptanr_e hereof, then the herein granted rights and privileges shall be deemed forfeited and be decslared null and void. Dated this The undersigned hereby accepts all the.rights and privileges of the above granted franchise subject to all the terms, conditions, stipulations and 'obligations contained therein Dated this BY: Grantee President IC 73 day of J 19 . o u n t y Ev Gt i v e r (21) Secretary day of 19 7. (Please typo or print) Permit applied for requiring a waiver: Date of Appl i cation : Name of Applicantj: ligish/Voolt Arrer. 14/5.4 Mailing Address: 9b Aoy 2.00a_fiA/tV/Pee/ "iPe.e.- • City: k-S I Zip: - Phone: 4 rt. s/t9eF,4 ,rue" 7 pte'/ — Leal Description of Property Affected: Ownership Interest in Property: General Location of Property: 1. State specifically the action C I TY OF FUKY Thei APPLICATION FOR WAIVER FROM THE PROVISIONS OF ORDINANCE NO. 4 see ACAed - .r)2- 6 v Jee on /4413 ing a waiver: In/a: 7 ".# /0 are wree( 2. Briefly and generally th.scriho the action slot al information abut. t ti. devol opow-nt : At or- cooetee,r7fl'etrire ,f fer 0 in Ordinance No. 1035 to which you aro rec'uest- you are proposing, includinc .treDo.f./. perenxr 2 ty 4144,0160 , re 060 d eP 114 51--t e * - 14 cripla'Aealt- sh,fe.-140/1-whileate-L-714.---JALe.-!t i 3. Does your proposal l'Oprk'SCI t a O wh il I (OW COnd It ion which - is insignificant'in If so, please explain: !GC jeAee AW/ 4/04ea ain: _ evoxl J7i-pctare. piu, oppywece . Are o Lae . available t..'h reqe re a 'waiver? what a r.' 1 hese all -_ i /0-esto 7a,ewa.., p/4-0,9,- yosAm /al- OWNER'S SIGNATURE: BELOW Tll IS LINE 1S '1'0 BE P11,1.1:1) IN llY THE G ITY: Date application is complete ;lad accepted for Filing: Date SEPA revi ew comp] etc: r%t - Avt4 RECEIVED O.C.D. arionuritu 7. In your opinion, do the requirement s of Ord i mince li+E)=7.5 impose a spec i a 1 ha rd ship to a site wh Leh a iva iver of the provisions would not necessitate -a ma jor poli cy commi tment prior to the adopt 1 on of the Zoni ng Ordinance and ■ 5. If the request for wa ver invol yes building , grad ing , cl eari excavat 1 On, o • filling in a geograph Lc a 1 area generally dent 1 Ficd by the Envi ronment a 1 ka map as as an area of h i gh iia t ura 1 ; meal ty or development const aint, who t m i t.i - ing measures are provided? &Vicoa/171. es berms,. Jede ,6/a • /11 in im)zed Ilv*/* ea- *se Co/Dps 4107 6. IVhat goal s and poi ic i es can you identify [1 wh ich would support your request ler waiver, if any? fre/y 76, hafewfims ha?, .Sylpt)//ev /27( 47/4Ye/ , ' • Vr ;7'7. "‘ • ' ■ :!•-• • . 6-a-g L 1 MIT - , /G) cHk-e-f.(3-43 43-L-3-e im}ip IER .3 — FT : . C7_ r r. r . TUKW/LA • A N S r 4_... o •:, II 1. ..... , Oo ;•• --- ii , (,/e/2) .330 w ■ 2 0 *£ Z .ei 1 E. • • c +: in -7-7 . R � ^. V , o ... ....., l� O . 1 Q t t .....,, . 0' 4 .e 9 • '' S 4 M ' � ` ... 0 o J Ci � O --7 Q O t ° i • fi6 J V __..■ N _o 1- .:..1 41,pT M D.G9 �s8. C1z� Sg .6 „ 1 1 «b' 7/� ' L T) o o • so" /1fSg.b — r I 'Os .�.- I /£ . 8• • N :"1 c 3 AV J � 0 n. u u 0 • ? • e r Ito . o8 F6j •bo o s, AV ' is i' ' .��` '* "''4" `,'s?ir •,u:.:.:w.5n - : •<._ Yes • - INlQd; 1•• •Q.NZg } c • h S. /ssP • . ••••: itrori r -�„� may , — 1 O.9 9P2 Q 0. - y5'3 07 . At C f 1 00 s7Z ... 1• bb b c:•_ yi vrS� �OZ' 0 16017 r�- 3 IVJS_ lrf - ln�i, �� x , 44 : >. F, r (Sum.Z G Nl p 644) _ . C SH �,_•R }y, n sr.. ,eb+so — � �. ..: •_: ti.�.'i 1. " '.(SSH, T , 20' 45^.5064,"i "'.. } .. . oR RG 2 _ -- ..� ! S yr.• _ L'�. 'G?- . 20 .GsA • FoR • • i . 111114111"11 LI 111 X11 X11 111 LIB Ifni) I I ... I ,. I , O ��1N�INCH 1 2 { 4 S -s- 77. _.Ae .4 M '• Q .�M �� : a^^+1 : I , LI , II;IiTI i 3 4 5 6 7 8 FLEXIBLE RULER - 302AWM 203' lr•:rf pn C 3. . 1 5 I ST "4 "X 11J • 33/ 5 Tr4,0.93 • 7/; , . 9! .7i •;POINT f, IF THIS MICROFILMED DOCUMENT IS LESS CLEAR THAN THIS NOTICE, IT IS DUETO THE QUALITY OF THE ORIGINAL DOCUMENT • • LANCE MUELLER SITE PLAN DETAILS SECTION SCHEMATIC SITE PLAN ELEVATION