Loading...
HomeMy WebLinkAboutPermit 77-24-W - KECTCHUM HENRY AND WILLIAM - SAN JUAN APARTMENTS WAIVER 77-24-W 6206 S 153RD ST 6216 S 153RD ST KETCHUM WAIVER SAN JUAN APARTMENTS SAN JUAN APARTMENTS WAIVER PROPERTY USE AND DEVELOPMENT AGREEMENT • THIS INSTRUMENT, executed this date in favor of the City of Tukwila, a municipal corporation in the State of Washington, (herein called "CITY "), by William P. Ketcham and Henry H. Ketcham, Jr. (herein called "OWNER "), WITNESSETH: NOW, THEREFORE, WHEREAS, Owner is the owner in fee simple of the following described property, hereinafter called the "PROPERTY ": Lot 18, •Interurban Addition to Seattle, according to plat recorded in Volume 10 of Plats, Page 55, records of King County, Washington, ' located in Tukwila, King County, Washington; and WHEREAS, Owner desires to dedicate a right -of -way and said improvements upon said right -of -way; and WHEREAS, the City is desirous that a street be constructed and improved to City Standards for the general use by the public in accordance with this Property Use and Development Agreement, herein called the "AGREEMENT "; 1. The Owner hereby covenants, bargains and agrees to the following covenants and conditions on behalf of himself, his heirs, successors and assigns: a. To deed, without cost and without reservation or restriction, to the City of Tukwila a strip of and 30 feet in width along the south boundary of the subject property to provide for the widening and improving of South 153rd Street to a standard street width of 50 feet and to improve said 153rd Street along the south boundary ofthe property to City of Tukwila Standards for a 50 -foot wide street, including but not limited to filling, grading, paving and drainage of said existing street portion. The subject property will not be deeded to the City until such time as improvements are completed and accepted by the City to City Standards. b. To remove the direct access parking lot 'located near southeast corner of said Lot 18 which street is improved. c. To pay an equitable share of, not only the improve of the street, but all costs( sing out of the modi� ... ,,ation of the intersection of 1),..d Avenue South and South 153rd Street to provide for adequate sight distance and any other changes deemed necessary by the City for the protection of the public safety. d. To comply with the above covenants and . conditions no later than when the other portion of the subject South 153rd Street is required to be developed in accordance with the terms and conditions of the Property Use and Development Agreement dated February 5, 1968, between the City and Mrs. R. M. Wingate, recorded under King County File No. 6318166 and attached hereto as Exhibit A and incorporated herein as though fully set forth. This agreement is effective only if building permit is received within 30 days from below date for present application on land north of existing buildings. 2. This Agreement shall be recorded in the records of King County Auditor and the covenants herein shall be deemed to attach to and run with the land and shall be binding upon the Covenantor, his successors and assigns. 3. The City may institute and prosecute any proceedings at law or equity to enforce this Agreement, and Owner agrees to pay reasonable attorney's fees expended by the City for such enforcement proceedings. 4. It is further expressly agreed that in the event any covenant, condition or restriction hereinabove con- tained or any partition thereof is invalid or void, such invalidity or voidness shall in no way affect any other covenants, conditions or restrictions herein contained. SIGNED THIS DAY OF a CITY OF TUKWILA OWNER By: Edgar D. Bauch, Mayor By: William P. etcham, a single man ATTEST: ATTEST: By: Maxine Anderson, City Clerk By: By: Henry H. Ketcham, Jr. By: Nancy K. Ketcham, his wife ATTEST: BY: , 1977. • i(,,,,,IL,, CIT, COUNCIL REGUL(7 ` TING July 18, 1977 Page 2 Waiver from Resolution #489 - Rezone from Unclassified to M -1, Melvin E. Dickey Waiver from Resolution #489 - Rezone from R -4 to C -1, Gerald E. Schneider Jaiver from Resolution #489 - Grading /Fill Permit for 30 -unit apart- ment complex, H. H. and W. P. Ketcham ••• -':. Melvin E. Dickey requested a waiver from Resolution #489 - :;;,�; ; rezone from unclassified to M -1 on property located at 462]' "` 134th Street. * MOTION CARRIED AS AMENDED. * MOTION CARRIED AS AMENDED. PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS - Cont. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE WAIVER BE GRANTE MOVED BY HILL, SECONDED BY SAUL, THAT THE WAIVER BE GRANTED. * Mr. Elray Simon, 4625 South 134th Street, asked about Resolution and stated that he is against the rezone. He had heard that the developer hopes to put can impound lot on the property and he is oppos to it as the site is approximately 40 feet from his back door. Impound lots cause undue noise and commotion, and he felt it would be detrimental to the value of his property. • Mayor Bauch explained that the Resolution requires a waiver from the Council to allow the applicant to apply to the Planning Commission for a rezone. At this time, Council is not hearing the merits of the case He recommended Mr. Elray present his objections to the Planning Commission. Councilman Bohrer asked if=the motion included accepting the staff recommendation? He was told that it did not. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE MOTION BE AMENDED TO INCLUDE THE STAFF RECOMMENDATION THAT THEY BE DIRECTED TO ANALY THE REZONE APPLICATION WITH PARTICULAR RESPECT TO TUKWILA ORDIM?.. : NO. 743 AND THE NEIGHBORING RESIDENTIAL PROPERTIES. MOTION CARRIEU. Gerald E. Schneider requested a waiver from Resolution No. 489 to allo a rezone from R -4 to C -1 on property located at Southcenter Boulevard and 65th Avenue South. Councilman Bohrer recommended including the staff recommendation. It is staff's recommendation that the City Council approve the waiver request with the condition that the applicant may file a rezone " application to C -1 only if he proposes to construct an office use on t property. Kjell Stoknes, OCD Director, explained that at present there is no office zoning category and C -1 is more proper than RMH. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT THE MOTION BE AMENDED TO INCLUDE THE STAFF RECOMMENDATION PER THEIR REPORT DATED JULY 11, 1977. MOTION CARRIED. Henry H. Ketcham, Jr., and William P. Ketcham requested a waiver to Resolution No. 489 to allow the grading and fill of property located at 62nd Avenue South and South 153rd Street for a 30 -unit apartment complex. Councilman Hill suggested the waiver be granted with the stipulation that they satisfy the Fire Department that they can get fire protectio to the 30 units. Mayor Bauch noted that this action on granting the waiver is final at and you cannot put a stipulation on this unless it is associated to th fill Deputy City Attorney Hard agreed. Chief Crawley, Fire Chief, stated that they have met with the developE explained their requirements to him, and he agreed to the terms. _.,- .,�::..��•..�- �... ,. ���. ; ?. rwq >( ^: k ` FV lia. .1 Surplusing of 1951 Kenworth City Service Truck, Fire Department Surplusing of 1970 Plymouth Station Wagon, Fire Department NEW BUSINESS Joint Statement of Principles regarding merger ^f King ,County and the Municipality Seattle * t:3TI01! CARRIED. COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS - Cont. /c/03 Councilman Hill stated that the property is. already zoned, and they will be building within the Codes. te r from M1e o lution #489 - Grading /Fill Permit for 30 -unit apart- MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE WAIVER BE GRANTED. * ment complex, H. H. and W. P. Ketcham - Cont. Councilman Gardner noted that they will be filling a swamp and controlling the drainage which should improve the area. Councilman Bohrer asked if a plan had been submitted showing the nature of the pond that will be left on the site. Mr. F. E. Hammons, developer for the Ketcham Brothers, explained that the pond is approximately 3,600 square feet and there are 52,000 square feet in the total property. The pond is approximately 18 inches at the deepest part but dries up during the summer. They want to clear the area and make an attractive pond with landscaping around it. Councilman Bohrer expressed concern that Council., in working on the Comprehensive Plan, has designated the area north of this as a single family residential area. He stated that policies in the proposed comprehensive plan indicate there should be a buffer between a three - story apartment and the single family residence. Councilman Hill asked if 'there is a steep rise behind this site? Kjell Stoknes stated that there is a steep rise to the west but to the north it is fairly level with a localized ridge line, but it is not severe. Mr. Hammons discussed the hill to the west and the ridge on the north and explained the elevation of the proposed buildings compared to those existing. Councilman Bohrer stated that the ridge to the north is approximately 100 yards to the north of the site and the ground is a gentle slope to that point. This is the area that will be the residential area adjacent to a three -story apartment complex. Mr. Hammons stated there is a 25 foot set -back in this area and the building sites will be graded to a lower elevation. Kjell Stoknes stated that the proposed grading plans are consistent with Resolution No. 489. He again raised the question of an apartment in the area where Council has said they want to see single families. This could discourage the building of single family homes to the north. Councilman Hill stated that this is a real problem created by the rezone granted by a past Council; now, how can you deny them their rights after the zoning has been granted. * MOTION CARRIED WITH COUNCILMAN SAUL VOTING NO. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT CHIEF CRAWLEY BE ALLOWED TO ADVERTISE THE 1951 CITY SERVICE TRUCK FOR SALE, WITHOUT LADDERS. MOTION CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT COUNCIL COMPLY WITH THE REQUEST OF CHIEF CRAWLEY AND ALLOW HIM TO HAVE THE 1970 PLYMOUTH STATION WAGON AUCTIONED OFF. MOTION CARRIED. • MOVED BY HILL, SECONDED BY SAUL, THAT COUNCIL ADOPT THE JOINT STATEMEN1 OF PRINCIPLES AND FORWARD TO KING COUNTY. * Councilman Bohrer asked if this statement of principles binds the City to accept the merger proposal when it is developed? Mayor Bauch stated that it does not bind the City; it will be decided at the voting poles. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING (- July 11, 1977 ff P ge 2 . V DISCUSSION - Contd. Waiver from Res. #489 to allow rezone from R -1 to C -1 by Gerald E. Schneider for property located at 65th Ave. So. & Southcenter B1. 41� i ver from Res. (,.4489 to allow Grad- ing /Fill Permit for 30 -Unit Apt. Com- plex. Request by Henry H. & Wm. P. Ketcham for prop- erty located at 62nd Ave. So. & So. 153rd St. Landscape Plan for City Hall - Carl Stixrood Mr. Stoknes, OCD Director, said the waiver request is to allow a rezone from R -4 to C -1 to allow construction of a three story office structure on a 3/4 acre site located at the northeast corner of 65th Ave. So. and Southcenter Boulevard. He said this is one of the entra ces to the City from the south, The emerging Comprehensive Plan shows it as potential office use. He said staff was recommending approval with the condition that the applicant may file a rezone application to C -1 only if he proposes to construct an office use on the property. Mr. Stoknes said he would also like to consider a heigr limit on this in the neighborhood of two stories and possibly three. Mr. Stoknes said it would be a small building. MOVED BY MRS. PESICKA, SECONDED BY SAUL, THAT THE WAIVER REQUEST BE ON THE JULY 18, 1977 AGENDA OF THE REGULAR COUNCIL MEETING. CARRIED. Mr. Stoknes, OCD Director, said this property is "environmentally sensitive." He said proposed plans call for clearing the present swamp and transforming it into a pond. While no additional storm waters will be added to the swamp area, there will be standing water in the wintertime drying up in the summer. The.perimenter of the existing swamp is proposed to be sloped and landscaped except on the south side where a rock retaining wall and planting will be added. An apartment complex of 30 units, consisting of a 26 unit structure an;' a four plex is proposed to be built on the site following clearance of other necessary permits. The present zoning of the property is R -4 and the proposed complex is generally consistent with the requirements of this zoning. He'said the proposed action appears to be consistent with the intent of applicable Natural Environment element policies and, hence, does not constitute a major environmental policy commitmen prior to the adoption of the Land Use Policy Plan. Based on the find ings of the report, Staff recommends approval of the waiver of Resole -¢: tion No. 489. Councilman Pesicka asked if the road would be Mr. Ketcham said they had an agreement to do the road work. a ` Saul said at the present cars park right on the road which would be a hindrance to fire or police equipment. Dennis Robertson, audience, said he was opposed to the waiver•and he would like to see a study done on this. He said the Council does have the right to request an environmental impact statement. He said he would like to request the City Attorney look at this requirement at the present time. A man from the audience said he would like to see a full street put in befo any building is done. At the present there are only half streets. MOVED BY VAN DUSEN, SECONDED BY MRS. PESICKA, THAT THE WAIVER REQUEST BE ON THE JULY 18, 1977 AGENDA OF THE REGULAR COUNCIL MEETING. Carl Stixrood, Planning, showed with wall drawings the proposed land- scaping for the new City Hall. He said the one plan was to have 10 foot sidewalks along the front. This will make sense when VIPs expands. There will be trees on each side of the street. The cost would.be about $1.25 a square foot; to continue it down to 56th Street would be approximately $50,000. To landscape around City Hall would be something like $11,000. It could be slightly cheaper or it could be more. The alternative would be to remove everything and cover with ground cover and some shrubs, which would include the sidewalk but no trees along the road. The cost would be about $70,000. Alter- nate 2A would be extensive grading that would cost about $18,000 for the fill, it would be keeping some of the shrubs that are in now that are overgrown. This would cost about $1,500 to recover; total cost would be $89,000. Alternate 2B, there would be a swimming pool in front and tennis courts - cost about $233,700, the pool would be $125,000. This is the plan adding the recreational facilities. Alternate 3A, this plan would use the existing conditions as much as possible to keep the cost down. A gazebo would be built on the exist- ing foundation and the basement could be used for storage. The gazebo could be built with glass to the south and west to help keep out noise and take advantage of the sun for warmth. It would be a good place fo a bandstand. Cost would be about $89,355. It is comparable to the first plan. The garden area would be restored. Alternate 3B would use existing conditions. This is a formal arrangement. The cost is $114,000. To add the retention pond would be $3,000. A greenhouse would be built instead of the gazebo. Mayor Bauch said the budget for'I • CITY OF TUKWILA PLANNING DIVISION CITY COUNCIL STAFF REPORT DATE: 11 July 1977 PROPOSED ACTION: WAIVER from Resolution #489 (Section 4.D.2(b)) Grading /Fill Permit for 30 -unit Apartment Complex APPLICANT: Henry H., Jr. and William P. Ketcham LOCATION: 62nd Avenue and South 153rd Street SIZE: 1.22 acres ZONING: R -4 COMPREHENSIVE PLAN: Existing Plan calls for Multiple- Family Residential; Proposed Plan calls for Single - Family Residential SUMMARY OF PROPOSAL: The proposed action is a grading and fill permit to allow for site preparation for a proposed 30 -unit apartment complex north of and adjacent to the existing San Juan four - plexes at 62nd Avenue and South 153rd Street. Due to the drainage problems associated with the site and the fact that the site lies generally within that area designated "environmentally sensitive" by Ordinance #986, staff required a waiver from Resolution #489, Section 4.D.2(b). This section requires a waiver for actions involving grading, clearing, excavation, or filling in ". . .areas which serve to naturally detain significant amounts of storm water runoff." Proposed plans call basically for clearing the present swamp and transforming it into a pond. While no additional storm waters will be added to the swamp area, there will be standing water in the wintertime drying up in the summertime. The perimeter of the existing swamp is proposed to be sloped and landscaped except on the south side where a rock retaining wall and plantings will be added. An apartment complex of 30 units, consisting of a 26 -unit structure and a four -plex, is proposed to be built on the site following clearance of other necessary permits. The present zoning of the property is R -4 and the proposed complex is generally consistent with the requirements of this zoning. Because the proposal requires a waiver only from Section 4.D.2(b) of Resolution #489, the staff report examines the proposed action only as it relates to this section. (- Planning Division ` Staff Report Page 2 CRITERIA #1: Is the proposed action consistent with the presently emerging Land Use Policy Plan? ANALYSIS: Several policies of the Natural Environment element of the emerging Land Use Policy Plan are applicable in this case: NATURAL ENVIRONMENT ELEMENT Objective 2, Policy 1: Objective 4, Policy 4: Objective 3, Policy 4: Strive to retain viable areas of wooded hillsides, agricultural lands, wetlands, streams, and the Green River for wildlife habitat. Encourage the preservation of marshes and ponds for the retention of storm water runoff. Discourage filling, grading, or excavations of land when not in conjunction with actual development of the land. Generally, the proposed action conforms to the intent of policy expressed above. The swampy area that presently exists is proposed to be retained as a wetland, collecting storm water primarily in the winter and serving as wildlife habitat. Its character will change, however, from a swamp condition to more of a retention pond. This change in character is probably consistent with Plan policy. Also, the proposed action contemplates the future development of the site in conjunction with the grade /fill activities. CRITERIA #2: Does theLproposed action represent a unique condition which is insignificant in scale and to which no other apparent alternatives are reasonable? ANALYSIS: The swampy area on the site may indeed be insignificant, but the proposed action is to retain the wetland not bury it and, thus, this evaluation criteria is moot. The alternative of retaining the present swamp is probably more undesirable than the creation of a pond with an inlet /outlet, especially if residential development is contemplated nearby. CRITERIA #3: If the request for waiver involves grading, excavation, filling, or development in geographical areas identified as having potential natural limitations for development, are mitigating measures provided? 'ANALYSIS: No development is being proposed for the swampy area. The transformation of the existing swamp into more of a seasonal pond environment may be looked upon as a mitigating measure of the proposal. RECOMMENDATION The proposed action appears to be consistent with the intent of applicable Natural Environment element policies and, hence, does not constitute a major environmental policy commitment prior to the adoption of the Land Use Policy Plan. Based on the findings of this report, staff recommends approval of the waiver from Section 4.D.2(b) of Resolution #489. Planning Division Staff Report Page 3 CRITERIA #4: Do the requirements contained in Resolution #489 impose a special . hardship to a site for which a waiver of the provisions would not necessitate a major policy commitment prior to the {adoption of the Land Use Policy Plan? ANALYSIS: As far as the environmental aspects of the proposed action are concerned, a major policy commitment prior to adoption of the Land Use Policy Plan would not . be made by granting this waiver request. The swampy area is proposed to be retained as a pond. Landscaping is proposed along the perimeter of the pond. Water quality will probably increase as a result of the addition of an outlet to the swamp. The policy intent of the Natural Environment element appears to be upheld by this proposal. The land use policy commitment which would be made by approval of this waiver request (i.e., commitment to multiple - family residential use) is probably . more significant than any environmental policy commitment which might occur. However, it should be stated again that it is not the land use issue which requires the waiver from Resolution #489 but the environmental issue of the wetland and the proposed treatment of that environment. FS /mb CITY OF TUKWILA APPLICATION FOR WAIVER From the Provisions of Resolution Number 489 (Please type or print) Date of Application: July 5,1977 Name of Applicant: Henry H.,Jr. and William P. Ketcham Mailing Address: 1661 E. Olive Way Box 12067 City: Seattle Ownership Interest in Property: partnership ATTACHMENT "A" Zip: 98112 Phone: 325.0200 Legal Description of Property Affected: See attached plan of site General Location of Property: 62nd Avenue South and South 153rd 1.. State specifically the action in Resolution No. 489, Section 4 to which you are requesting a waiver: n • item 2 B 2. Describe specifically the action you are proposing, including dimensional infor- mation about the development, site maps, etc., if available: See attached - Attachment to application for waiver 2. We propose to construct a two building apartment complex consisting of thirty units in total On the R 4 stoned property adjeinieg north boundary of the exsisting San Juan South apartments that we alsooan* located at 62nd South and South 153rd. The property consistes of 53,190 sqaure feet or 1.22 acres. A smell portion of the area is low and is referred tires a sweep(see site'vlan)..This area has approximately 12 to 18 inches of water in the winter menthe, but is dry during the summer. :Drainage is provided by : two 12 inch Concrete - pipes running to the south under South 153rd street. We plan•:tedlear the imam of all, debris, stumps and ether objectionable materials that are unsightly thus .transforming it into an attratcive pond. This Should lower the estimated 12 to 18 inches winter water level to Some degree. We plan to include in our overall landscaping perimeter.plantiess to the edge of the pond. • It is possible however:that en the 'southern portion adjacent to the parking area, We may usd seas retaining rocks as will as plantings. • foil justified in requeiting.this waiver because it is:consistent with • • 'the presently emirgieg Land Use Policy,'Plan.' ' • • • ' • • : Our. proposed action is unique because of the nature of the .swampy area but is 'quits insignificant in proportien,to the,everall project We feel :Alum our action is the sensible thing to do. • The request does eet The•reqUirements'do net impose a•herdihip. We•woUldAreat. the situation as-we propose in any case. ' . 3. What is your justification for your request: (Please refer to items 1 -4 on the cover sheet and respond to them.) See attached (attach additional sheet, if necessary) 4. What other factual evidence is relevant to your request for waiver (such as exist- ing development in the vicinity of your property, soils and geologic investiga- tions, etc.): covered lot into a beautifully designed and landscaped, two building development. This will greatly improve the immediate'and surrounding vicinity. (Attach any other information available which substantiates your request) Date Received: Received by: Date scheduled before City Council: Action of City Council: Date of City Council Action: (for office use only) : .11JI!I J' !Al SITE OF KETCHAM WAIVER FROM SECTION 4.D.2(b) ATTACHMENT "B" r�l R•A R•1.7.2 R•1.9.6 R•1.12.0 R•2.84 R•3 113.60 11.4 RMH PF C•1 C•2 CPR CM M•1 M•2 RANGE • EAST 1 91 MO 1011 710E RANGE S EAST CITY OF TUKWILA ZONING LEGEND RESIDENTIAL• AGRICULTURAL 1 FAMILY RESIDENCE 1 FAMILY RESIDENCE 1 FAMILY RESIDENCE 2 FAMILY RESIDENCE 3 FAMILY RESIDENCE 3ar4 FAMILY RESIDENCE LOW APARTMENTS MULT. RESIDENCE HIGH DENS. PUBLIC FACILITY NEIGHBORHOOD RETAIL LOCAL RETAIL PLAN'D BUS. CENTER REGIONAL INDUSTRIAL PARK LIGHT INDUSTRY HEAVY INDUSTRY CITY• OF TUKWILA PLANNING DEPARTMENT MAY 1975 TUKWILA WASIUNGTON•REVI :0 1 1 1 1 IGO •11• 140 PROFILE A.- A. ESTINAMS0 EFGANA:rtoi.t (20.JAI.rrnI 1.800 pep po5ED GRADING PL.4.s.1 K *. K. CO wIsT ZUG"' IOW JACK ELLER ASSOCIATES civil engineers - land surveyors - planners " / Z4. .11.1, &APT .......To 1 4 ..... 1 '■ ...._ Feu. Gam* MN? , _ v .. ,... -- _ Y., ..... .. - ....—..--,- $ o 1 3 o 1 — . , ? 1 : $ _ . ... . Iii A 1 0 1 1 1 9 9 1 .0 4 4 • 4 3 3 1 4 IGO •11• 140 PROFILE A.- A. ESTINAMS0 EFGANA:rtoi.t (20.JAI.rrnI 1.800 pep po5ED GRADING PL.4.s.1 K *. K. CO wIsT ZUG"' IOW JACK ELLER ASSOCIATES civil engineers - land surveyors - planners "