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HomeMy WebLinkAboutSEPA EPIC-229-84 - ENTRANCO ENGINEERS - TOWN CENTER (TUKWILA POND)TOWN CENTER EPIC- 229 -84 Brad Collins City of Tukwila Planning Department 6200 Southcenter Blvd. Tukwila, WA 98188 INDEPENDENT ECOLOGICAL SERVICES 1514 Muirhead Olympia, WA 98502 Ph: 943 -0127 April 24, 1985 Impacts to Tukwila Pond from proposed development along Strander Blvd. Under the present proposal the development will be 25 feet from the top of the Tukwila Pond bank on the north and will not extend along the east or west sides of the pond. Most of the buildings are two story and set back from the pond and the road paralleling the north bank of the pond. Use of the pond is by mallard, pintail, teal, shoveler, and canvasback. Blue Heron have been seen on the site but they are not common. All of the waterfowl will continue to fly in and out of the pond and loaf and feed on the pond. As long as the pond remains as large as it is and the vegetative buffer remains in tact the use by waterfowl should not be affected. Birds commonly fly over buildings to rest in ponds and meadows between heavily industrialized areas. Plantings between the proposed road and the pond edge can increase the cover and improve some small bird habitats. Pheasant are known to nest along the north bank under the blackberry cover. An additional buffer and the reduction in possible predation and /or disturbance from domestic animals could improve their chances for successful brood rearing. Since most of the small bird activity is concentrated on the south and east sides toss of this area will have limited impacts. Ra' ors that now use the trees for perch sites may be i �ysplace. Their major purpose for using the trees is to hunt 4'i \ 11 area that will be developed. .,�`` The impacts to Tukwila Pond are mostly secondary. They are added people, cars, and light glare. However, all of these can be mitigated to some degree with development designs. Use of thorny materials in the buffer and one or two public access points to the ponds edge for potential viewers. Heavy buffer plantings will muffle car noise and directed low glare lights can eliminate night light problems. —1 Sirens ler Bly \. ,r.771„).M1r.■.+Imilimulaleteeimesallmaximismamerxnexxxmas /) &." 1. TRA Architecture Engineering Planning Interiors 215 Coiriti, Seattle V 98104 • 12061682.1133 Existing Property NIMI■MM Boundry • '11'4 • .. . I . • Open Water 1•'; • ; r,0%; • . • ";; . . • , Wetland Vegetation Existing Fill Spring Ridge. ProprTy Iw we mon P cloc HP Sur No [41 LOPNI1ENT December 13, 1984 Rick Beeler City of Tukwila Planning Department 6200 Southcenter Boulevard Tukwila, Washington 98188 RE: SPRING RIDGE SHORT PLAT /SW CORNER STRANDER BOULEVARD AND ANDOVER PARK WEST Dear Rick: It is our intention to submit the formal application for a short plat of the above referenced property sometime in early January. This short plat will be submitted under the guidelines generally discussed with you at several meetings over the past few months. That is, we intend to apply for the short plat and ask for a declaration of non - significance based on certain mitigated items. As per your direction we have outlined below several conditions or mitigated items to be included in the short plat application. We would request that you review these items for discussion at a meeting to be arranged early in the week of December 17. We feel these items cover the concerns outlined during our last several meetings on the property. It is our intention that these items be added as conditions of the short plat to assure the City these conditions apply to both the future and the present anticipated developments. With regard to the Southerly portion the following conditions shall apply only when development of that parcel is in progress: 1. THE POND will be a minimum of 6 acres and the edges of the pond would be treated in accordance with the E.I.S. to be done at the time of develop- ment of that parcel. Pedestrian access will also be provided consistent with the E.I.S. 2. 168TH STREET L.I.D., should an L.I.D. be formed for the 168th Street improvements it would not be opposed. 3. ENVIRONMENTAL IMPACT STATEMENT, a full E.I.S. would be done prior to any development. 4. ANDOVER PARK WEST, Andover Park West would be widened to match the widening anticipated to be done with the development of the North parcel. 4230 - 198TH STREET, LYNNWOOD, WASHINGTON 98036 (206) 774 -5871 Page 2 of 2 5. MUTUAL ACCESS EASEMENT, there will be a sixty foot mutual access easement created from Strander Boulevard into the Southern portion of the property across the Northern portion consistent with the site plan attached. This access tolbe aligned with traffic light per #3 below. With respect to the Northern portion the following is agreed: 1. A site development plan would be committed to at this time. 2. Strander Boulevard and Andover Park West would be widened along perimeters of Northern parcel. 3. We would participate in the traffic light to be placed at a current intersection with Southcenter, to be built approximately half way between Southcenter Parkway and Andover Park West on Strander Boulevard. 4. We would agree to do a traffic study on the impacts this proposed development would have on the immediate traffic. 5. A maintenance agreement would be written between the property owners of the Northern portion and the Southern portion with respect to the pond when it is in its final form. If you have any question on these items please call. I look forward to finally getting to work on this project with you. Very Truly Yours, Michael J. Hesse President d MJH:ns cc: Bruce Smith Jay Derr Bob Madiuk; George Barber DEVELOPMENT December 13, 1984 Rick Beeler City of Tukwila Planning Department 6200 Southcenter Boulevard Tukwila, Washington 98188 RE: SPRING RIDGE SHORT PLAT /SW CORNER STRANDER BOULEVARD AND ANDOVER PARK WEST Dear Rick: It is our intention to submit the formal application for a short plat of the above referenced property sometime in early January. This short plat will be submitted under the guidelines generally discussed with you at several meetings over the past few months. That is, we intend to apply for the short plat and ask for a declaration of non - significance based on certain mitigated items. As per your direction we have outlined below several conditions or mitigated items to be included in the short plat application. We would request that you review these items for discussion at a meeting to be arranged early in the week of December 17. We feel these items cover the concerns outlined during our last several meetings on the property. It is our intention that these items be added as conditions of the short plat to assure the City these conditions apply to both the future and the present anticipated developments. With regard to the Southerly portion the following conditions shall apply only when development of that parcel is in progress: 1. THE POND will be a minimum of 6 acres and the edges of the pond would be treated in accordance with the E.I.S. to be done at the time of develop- ment of that parcel. Pedestrian access will also be provided consistent with the E.I.S. 2. 168TH STREET L,.I.D., should an L.I.D. be formed for the 168th Street improvements it would not be opposed. 3. ENVIRONMENTAL IMPACT STATEMENT, a full E.I.S. would be done prior to any development. 4. ANDOVER PARK WEST, Andover Park West would be widened to match the widening anticipated to be done with the development of the North parcel. 4230 - 198TH STREET, LYNNWOOD, WASHINGTON 98036 (206) 774 -5871 Page 2 of 2 5. MUTUAL ACCESS EASEMENT, there will be a sixty foot mutual access easement created from Strander Boulevard into the Southern portion of the property across the Northern portion consistent with the site plan attached. This access to be aligned with traffic light per #3 below. With respect to the Northern portion the following is agreed: 1. A site development plan would be committed to at this time. 2. Strander Boulevard and Andover Park West would be widened along perimeters of Northern parcel. 3. We would participate in the traffic light to be placed at a current intersection with Southcenter, to be built approximately half way between Southcenter Parkway and Andover Park West on Strander Boulevard. 4. We would agree to do a traffic study on the impacts this proposed development would have on the immediate traffic. 5. A maintenance agreement would be written between the property owners of the Northern portion and the Southern portion with respect to the pond when it is in its final form. If you have any question on these items please call. I look forward to finally getting to work on this project with you. Very Truly Yours, Michael J. Hess President MJH:ns cc: Bruce Smith Jay Derr Bob Madiuk George Barber PAP • • �l / Subject —b rN 'N 7 From py • Speed Message • Date NAt C -5" 19.4 IN, (S jiQK& S & REc ul.Am € a8tob N toitcso 2 - i(i 151\L iSt vti Cievi M Vr\- -- Signed WilsonJones GRAYLINE FORM 44 -900 2 -PART O1983 • PRINTED IN U.S.A. _ C2- . 2-1 0+1 (a) - eV-R(3.4.)D MAWS' OF- -flue= 117 tO.177o, 15. 24 /64-. "nt-ECW _ s21004PO (PO().- P. °c.w30 ._ CF ar - _ &.)0/e&eivw_r .kri.ttc>i<ls _og ro LY,T6A_,ALo -$- - 6 QC) - .OF Ltaft00 c� his_ _11.1_,_(_0 R.00:74) 6)..O r5 Mar O srm 1 -tsQ0 _ x .11. eg, ri4e. , d.01.2.z c MM ctrEE.. -\/-srei0 / tsio.ptec r „, 1A/ t pi .p wi • Fr( ter Asa.46,1 (LU0 L_. 4.6114€21-2. /M_ \ie AW _I - M 0 f) W_ .- -a0k)0 IU aW(317 . (Ws . ro I ir)_ ON The, St`C' Frc4U 1,1a ,'/ `a b 5e .t.95 °. Mu-sr alNkfqN t vl_Liesiuo Us Lc" op Uni cv-AN4 c-ct\ANA _MUSA- 113(ernit eg. • _ AM Z - Lr -(i •L•J- MNTW. - _cFL Mr. Brad Collins Director of Planning City of Tukwila April 2, 1984 Mr. Brad Collins Director of Planning City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Re: Town Center Dear Brad: ENTRANCO Engineers ENVIRONMENTAL AND TRANSPORTATION CONSULTANTS 1515 - 116th AVE. N.E., SUITE 200, BELLEVUE, WASHINGTON 98004 (206) 454-0683 As you are aware, Tri Star is the new owner of the property formerly known as "Tukwila Pond" which was owned by Springridge Investments, Inc. Tri Star will be developing the property under the name Town Center. Michael Hess of Tri Star has requested Entranco Engineers transmit a statement of qualifications to you regarding our relevant experience in the preparation of environmental impact statements. On behalf of Tri Star, we are requesting your formal approval of Entranco Engineers as the principal author of a SEPA environmental impact statement for the Town Center project. Our relevant experience in EIS preparation is enclosed, along with David Morency's resume. David will serve as our project manager for the EIS. We are looking forward to working with the City of Tukwila, the lead agency for the EIS, on this exciting and challenging project. If you have any questions, please call. Sincerely, ENT NCO ENGINEERS, INC. Patrick H. McCullough, P.E. Vice President Enc. PHM:sad cc: Michael J. Hess Alex J. Redford, P.E. Tri Star Development John T. Bannon, P.E. Patrick H. McCullough, P.E. RELEVANT EXPERIENCE ENVIRONMENTAL IMPACT STATEMENTS INTRODUCTION Entranco Engineers has a wide range of experience in the preparation of environmental impact statements for both private developments and public works projects. With over two decades of experience in the planning, design, and construction supervision of private and public works projects, the firm has the background needed for finding innovative solutions to potential environmental problems. Our current staff of 51 employees includes specialists in the areas of biology, zoology, limnology, civil engineering, stormwater facilities planning and design, irrigation systems, noise and air quality analysis, and community involvement. We have been actively involved in the preparation of environmental documentation, having prepared numerous environmental impact statements, environmental assessments, and environmental checklists. Our staff has extensive knowledge of the regulations established by the National Environmental Policy Act (NEPA) and the State Environmental Policy Act (SEPA). Our extensive knowledge of environmental documentation processes and.in -house staffing capabilities can minimize your processing time and costs while providing you with a carefully prepared document. On the following pages, we have included summary project experience which demonstrates the wide range and depth of .experience of Entranco Engineers in the preparation of environmental impact documentation. PROJECT Tukwila City Center, Tukwila Bella Vista Housing Development, Spokane Evergreen Place, Redmond Megan Heights Subdivision, Kitsap County Washington State Convention and Trade Center EIS, Seattle PROJECT DESCRIPTION Preliminary engineering, cost estimates, and environmental impact analysis for a 40 -acre site near Southcenter. Site planning, roadway design, sewer and water system design, and EIS prepara- tion for 180 -acre site. Site planning, roadway and utility design, environmental checklist preparation, and construction management for 167 -acre office park. Planning, design, and SEPA EIS preparation for this 147 -unit subdivision on a 46 -acre site. Preparation of a NEPA EIS for $90. million convention and trade center over I -5 in down- town Seattle SENSITIVE FUNDING ENVIRONMENTAL ISSUES SOURCE PROCESS Traffic, BMF SEPA EIS Air Quality, Corp. SCOPING Drainage, Soils, Wetlands, Waterfowl Economics Land Use, Hilltop Groundwater Enter Quality, prises Drainage, Sewage Disposal Traffic, Water Quality, Energy, Drainage, Fisheries, Groundwater SEPA EIS BMF SEPA EIS Corp. Water Kitsap SEPA EIS Quality, County Utilities, Housing Drainage, Authority Land Use Housing, Economics, Traffic, Noise, Visual, Air, and Park Land State Legis- lature NEPA (FHWA) 4 -F PROJECT PROJECT SENSITIVE FUNDING ENVIRONMENTAL DESCRIPTION ISSUES SOURCE PROCESS Bucklin Hill 3 miles of divided Traffic, Trident SEPA Bypass (Waaga county expressway Water Impact NEPA Way), Kitsap with 3 interchanges Quality, Funds (FHWA) County* Relocation, Soils, Right -of -Way, Noise, Air, Economics, Wetlands I -405 HOV Preliminary design Economics, WSDOT SEPA Study, and environmental Land Use, NEPA Bellevue impact studies for Air, and (FHWA) 4 miles of transit Noise and carpool lanes between SR -90 and SR -520, Bellevue, inclunding the 4th Street Interchange Grass Lake Planned Unit Development Olympia Preparation of a Wetlands, First SEPA EIS for a Water City 540 -unit housing Resources, Equities development on a Fisheries, 150 -acre site. Traffic, Archaeologic Resources, Land Use, Utilities, Wildlife SEPA EIS * This project won a 1981 first place award from the National Association of Counties for the community involvement program. PROJECT Wells Avenue Bridge Replacement, Renton PROJECT DESCRIPTION 1/2 mile of urban street and a 120 - foot -long bridge over the Green River Seward Bridge 1 mile of highway Replacement, reconstruction & Clark County a new bridge over Seward Creek Southcenter Boulevard, Tukwila 1 mile of urban arterial with 3 major bridges. 132nd Street, 9 miles of 5 -lane Snohomish urban highway County with 5 major intersections State Street, 1 mile of urban Bellingham street widening, reconstruction, and a new bridge over Whatcom Creek Port Orchard Bypass, Port Orchard 1.5 miles of 5 -lane urban roadway, with a 650 - foot -long bridge over Blackjack Creek SENSITIVE FUNDING ENVIRONMENTAL ISSUES SOURCE PROCESS Park Land, FBRP Land Use, (FAUS) Traffic, Noise, Air and Visual Wetlands, FBRP Water (FAUS) Quality, County Flora /Fauna, Soils Wetlands, Water Quality, Park Lands, and Traffic Wetlands, Traffic, Flora /Fauna, Air, Noise, Water Quality, and Right -of -Way FAUS City FAUS County Wetlands, UAB Traffic, City Housing, Economics, Water Quality, Noise, and Air Traffic, Water Quality, Relocation, Right -of -Way, Noise, Air, Economics, Park Land, and Soils EAS 4 -F EAS 4 -F EAS 4 -F SEPA NEPA (FHWA) SEPA City SEPA County NEPA WSDOT (FHWA) FAUS 4 -F EDA Trident TUKWILA CITY CENTER BMF Corporation BELLA VISTA PLANNED UNIT DEVELOPMENT Hilltop Enterprises Entranco Engineers, working with McKinley Architects and Hart Crowser Associates, provided preliminary engineering, cost estimates, and environmental impact analysis for development of this 40 -acre site near Southcenter. Development proposals included 1.3 million square feet of high rise hotel, commercial and office space. The transportation analysis included access, signalization, and off -site circulation and parking facilities (surface and structured). Engineering analysis included utilities and complex drainage issues relating to the Green River flood zone. Impact assessment included special traffic, noise, air quality, and water quality concerns, and consideration of appropriate impact mitigation measures. Entranco Engineers planned this 180 -acre site sub- division in Spokane. The steep, rocky terrain required sensitive analysis and planning in order to arrive at a cost - effective planning concept. Slopes, soils, drainage, and vegetation analyses were major site planning criteria. The final plan incorporated a cluster housing concept, with 50 acres of greenbelt set aside to protect drainage . sensitive areas. The community subsurface wastewater disposal and urban runoff control systems were designed to provide maximum mitigation of potential groundwater quality impacts and were critical to project approval in the aquifer recharge zones due to sole source designation of the aquifer by the EPA. Roadway design, water system design, and EIS preparation were also included as elements of the project. WASHINGTON STATE CONVENTION AND TRADE CENTER Washington State Convention and Trade Center Corporation GRASS LAKE PLANNED UNIT DEVELOPMENT First City Equities Entranco Engineers is currently preparing a federal NEPA Environmental Impact Statement(EIS) for a proposed $90 million, 360,000 square foot convention and trade center to be sited within the city of Seattle. The EIS will analyze three alternative sites: a downtown site over I -5 adjacent to Freeway Park, a Seattle Center site, and a site adjacent to the Kingdome. Entranco's efforts will include an in -depth analysis of transportation access to all three sites, exten- sive coordination with state and federal highway and other government officials, expert testimony at public hearings, and production of both draft and final EIS's. Entranco Engineers worked as a member of an interdisciplinary project team to assist in the development of the site design for-this 540 -unit housing development project located on a 150 -acre site in West Olympia. Entranco provided design criteria for dredging of two bogs to restore them to open -water lake habitat; well water dilution and recreational lake level and water quality management; runoff water quality impact mitiga- tion; and wetland clearing and enhancement plan. Entranco Engineers also prepared the environmental impact statement, including special studies on wetlands, water resources, fisheries, archaeologic resources, and traffic. EARLINGTON PARK Entranco Engineers served as a special water EIS quality impact consultant on this 110 -acre commercial /industrial site development project. First City Critical comments received following circulation Equities of the Draft EIS identified the need for special attention to be given to water quality impact and mitigation assessment. Entranco performed baseline water quality sampling to demonstrate no appreciable difference in site runoff and receiving water quality pollutant concentrations. An innovative wetland treatment design approach was recommended by Entranco to ensure compliance with the State of Washington Department of Ecology's nondegradation policy. The wetland treatment concept was highly cost effective and also ensured the preservation of valuable wetlands in this highly urbanized environment. BELLA VISTA This project included planning, preliminary EIS design, and preparation of an environmental impact statement for this 180 -unit planned unit Hilltop development in Spokane County, just east of the Enterprises city of Spokane. The project proposal included the development of Brown Mountain and the disposal of wastewater on the valley floor over the Rathdrum aquifer. The project was approved after an exhaustive environmental review, and Entranco Engineers was publicly commended by the County Commissioners and staff for the quality and thoroughness of our work. 132ND STREET EXTENSION Snohomish County MEGAN HEIGHTS SUBDIVISION Kitsap County Housing Authority This five -mile long project involves improvement of three miles of existing roadway plus a two -mile roadway extension for a principal arterial in rapidly growing South Snohomish County. A four - lane design with left -turn lanes will replace the existing narrow, two -lane road. Network traffic forecasts, traffic engineering, preliminary road- way location and design, an EIS, and an extensive community involvement program were conducted. Plans, specifications, and estimates were prepared for the first segment of the route. Entranco Engineers was contracted by the Kitsap County Housing Authority to plan and design a 147 -unit subdivision on a 46 -acre site near Manchester, Kitsap County. Design included road- ways, drainage, water, and sewer facilities including a sewage lift station. The SEPA Environmental Impact Statement preparation and processing included a community involvement pro- gram that provided input to the design team. Concerns of citizens with neighboring properties included provisions for handling stormwater runoff during and after construction. TUKWILA, KENMORE, AND SOUTH FEDERAL WAY PARK - AND -RIDE LOT DESIGN Metro Transit SOUTHCENTER BOULEVARD EXTENSION STUDY City of Tukwila Entranco Engineers is the prime consultant for preparing preliminary design layouts for 300 -stall park- and -ride lots in Tukwila and Kenmore, and a 700 -stall facility in South Federal Way. Three alternative layouts are being developed for each lot. Access improvements, parking areas, bus loading islands, and shelters are addressed. Provision of needed stall capacity; minimization of bus, auto, and pedestrian conflicts; and runoff retention facilities are among primary design considerations. Traffic, noise, and water resource impact assessment studies are included. Alternatives analysis, preliminary design, and environmental studies were performed for widening the western half of the existing two -lane roadway segment to four lanes and replacing the winding eastern half with a direct connection to Grady Way, thus reducing troublesome weaving traffic movements along SR -181. Revision of the southbound I -405 ramps at SR -181, a new crossing of the Green River, and walkway, trail, and bicycle route improvements were included. The NEPA environmental assessment prepared by Entranco Engineers was recently made available for public review. STATE STREET Analysis of one -way versus two -way systems was the major element of transportation studies for this City of Bellingham urban arterial. project. Final design was based upon a one -way system and included a new bridge crossing of Whatcom Creek. Entranco originated an extensive community involvement program to assist in the decision - making process during preparation of the Environmental Impact Statement. EVERGREEN PLACE Bt4F Corporation PORT ORCHARD BYPASS STUDY City of Port Orchard Entranco Engineers developed an LID scoping docu- ment outlining improvements to be included in more than 30,000 linear feet of arterial roadways in and around the Evergreen Highlands Subarea, be- tween Bellevue and Redmond. Site planning, including EIS input for transportation systems, utilities, and energy was developed for Evergreen Place, a 142 -acre research and office park within the Evergreen Highlands Subarea. The firm is presently designing the roadway and utility im- provements outlined in the LID agreement. Entranco is the prime consultant on the City of Port Orchard Bypass Project. We began the project in 1976 assisting the City of Port Orchard in obtaining 94 percent funding for the study phase. The Study included a thorough analysis of the City's traffic operations and recommended a bypass route to the study team. The study also involved a complete analysis of the entire transportation system in South Kitsap County. Along with traffic analysis, Entranco conducted other special studies of air, noise, and water quality necessary to complete the Environmental Impact Statement. The firm is presently designing the bridge and roadway portions of the bypass. I -405 HIGH Entranco Engineers was the prime consultant for OCCUPANCY design and environmental impact studies for VEHICLE STUDY provision of transit /carpool lanes on four miles of I -405 between I -90 and SR -520 in Bellevue. The Washington State facility's current average daily traffic of 90,000 Department of vehicles is projected to increase to 130,000 Transportation vehicles by 1995. The project also included HOV improvements at existing interchange ramps and a Norm Storme, P.E., new downtown interchange at N.E. 4th Street, with Project Engineer local and express transit stop facilities. A wide (206) 764 -4342 range of alternatives was developed and studied for HOV lane arrangements, improvements at existing interchanges, and the new N.E. 4th Street Interchange. The proximity of the new interchange to the existing interchange and grade separation structures and the need to minimize right -of -way acquisition posed special challenges. Entranco Engineers, assisted by the woman -owned business of Carolyn Browne, conducted a unique and highly successful community involvement program for the I -405 HOV project under the jurisdiction of the Washington State Department of Transportation. Elements of the program included public meetings for the evaluation and screening of alternatives, a random telephone survey of freeway commuters, individual interviews (with city, business, and community leaders), a focus group discussion with business spokesmen, newsletters (released prior to public meetings), and periodic press releases highlighting the status of the project and findings of public involvement program activities. Public input was obtained regarding commuter mode choice, HOV lane preference, HOV incentive programs, nonmotorized traffic facility improvements, and environmental impacts. These public concerns were then incorporated into project planning, design, and environmental impact mitigation. HERITAGE Entranco Engineers prepared the environmental APARTMENTS impact statement, site planning, and utility EIS design for this 56 -unit, low income, multifamily housing project in Port Orchard. Entranco was Alpha Homes commended by the State of Washington Department of Fisheries for drainage design and construction control practices aimed at the mitigation of water quality impacts. The project was readily approved during the hearing process, enabling the client to meet a demanding construction schedule. JAMES A. MURPHY• JOHN D. WALLACE DOUGLAS E. ALBRIGHT LEE CORKRUM•• WAYNE D. TANAKA C. GEOFFREY GIBBSt LARRY C. MARTIN ROBERT G. ANDREt MICHAEL G. WICKSTEAD OF COUNSEL RAYMOND D. OGDEN. JR\ RAYMOND D. OGDEN (1876-1972) RONALD A. MURPHY (1930.1983) LAW OFFICES OF OGDEN, OGDEN & MURPHY 2300 WESTIN BUILDING 2001 SIXTH AVENUE SEATTLE.. WASHINGTON 98121 1206) 622.2991 Rebecca Fox Assistant Planner City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Dear Rebecca: May 31, 1984 MARK A. EAMES R. MARK ALLEN STEVEN A. REISLER LAURA C. INVEEN CHRISTQPHER A. WASHINGTON° JAMES E. HANEY ROSEMARY P. BORDLEMAY SUE E. FREEBORN BARBARA B. HEAVEY W. SCOTT SNYDER • ALSO ADMITTED M CAUFORNIA •• ALSO ADMITTED IN DISTRICT OF COLUMBIA t ALSO ADMITTED IN MONTANA ALSO ADMITTED IN COLORADO. NEW YORK AND NEW JERSEY ALSO ADMITTED IN WISCONSIN Re: Tukwila Pond Property (Resolution 736) This is to supplement my letter opinion dated March 23, 1984, regarding the Tukwila Pond Property. As you will recall, in that letter I summarized my understanding of the facts con- cerning the passage of Resolution 736, which purported to impose development restrictions on the Tukwila Pond Property site and concluded that those restrictions have no present validity. While my opinion has not changed, my understanding of the facts has been supplemented by discussions with the City Council and I would like to take this opportunity to record that understanding and to clarify the reasoning behind my opinion. From my discussions with the City Council and Larry Hard, the previous city attorney, it appears that there is some diver- gence of opinion as to exactly what the intended purpose of Resolution 736 was. One Councilmember has indicated to me that the Council's intent in passing Resolution 736 and its predeces- sor, Resolution 690, was to enact a mini - comprehensive plan . amendment or an overlay zoning requirement for the site. In con- trast, Larry Hard's.recollection is that the Council's action never rose to that level and that Resolution 736 was the culmi- nation of the "waiver" process being used in Tukwila at the time as it related to a specific development proposal by Chartwell. As an observer who was not present during the deliberative process on the Resolution'and who is now being asked to interpret its provisions, my opinion is that regardless of whose recollec- Rebecca Fox Page Two May 31, 1984 tion concerning the Council's intent is correct, the Resolution does not control development proposals made by owners subsequent to Chartwell. This opinion is based on the following factors: 1. In contrast to °most comprehensive plan and zoning code amendments, Resolution 736 is both site and developer speci- fic. The Resolution recites that Chartwell has received a "preliminary waiver" for development of the site and purports to set forth guidelines for that development. 2. RCW Chapter 35A.63 provides that all comprehensive plan amendments and zoning code amendments must be made by ordi- nance, preceded by at least one public hearing. Since the deveopment guidelines and requirements set forth in Resolu- tion 736 were imposed by a resolution, they cannot be con- sidered to constitute either a valid comprehensive plan amendment or a valid overlay zone. 3. The City had the opportunity, when enacting its current zoning ordinance in 1982, to impose an overlay zone on the Tukwila Pond Property site containing the development re- strictions outlined in Resolution 736. Presumably, these restrictions were known to the drafters of the zoning ordi- nance and to the City Council at the time the zoning ordi- nance was enacted and therefore, on the theory that the Coun- cil would have included these restrictions in the zoning ordinance as part of an overlay zone had they intended them to have-continued validity, the Resolution's provisions have been impliedly revoked. It remains my opinion that, because of the wetlands, which constitute a significant portion of the Tukwila Pond Property site, the City can, as part of the environmental review process specified in Chapter 21.04 of the Tukwila Municipal Code, impose the same type of restrictions on development of the site in con- junction with any development proposal as the Council sought to impose in Resolution 736. I appreciate the opportunity to clarify my understanding of the facts regarding the pond site and my reasoning given in my earlier opinion. If you have any further questions regarding my opinion, Rebecca Fox Page Three May 31, 1984 please don't hesitate to contact me. Very truly yours, OGDEN, OGDEN & MURPHY JEH /clh cc': Mayor Van Dusen Don Morrison Dennis Hidell alAp James E. Haney 13 11V rAM A C- 1d - r--1734 / 5iot Gs:91 :- 9 a 5- 8 Lt. r1.4iG. 12E0_4 t_setozir 1446-0, ,14%a fkt:ed-4- (2e-r.A4- AcK)4-ecir..,k.5k (4.4-w 4*-4- pi*A14-310 6'6%4. 6•La•W:4-4:r1P3A..4"--, A", 0112.4nAt-ek-tb Pk4AP 5. it, t** ?e,-4 ,><,..61( 4" er•1 1- CU • 4"1•1114:4";4"— .tart- (Kaitit- le; es...4) /),L,..st (eta dt-uze. t.gitbt -1:-4(111 Arift-i 0-x 6-et_ _ 02-1A111 30 w-1.4..4-/ite,4 -66 alzottb 41-4.. weak he_ (.4..4'elari. 4-4.inst4.0—.. 1c 44.1-40;44:c" _ Cerw>°-"•1"4-.9_ attau'v'e& . C ")4:n",-0A+ri4J6-1-42- t71) -t6x- 6i-t4det 1 11 i1 I I 6200 Southcenter Boulevard Tukwila Washington 98188 April 10, 1984 DAVID A. MORENCY ENTRAICO Engineers 1515 116th Ave. N.E. Bellevue, WA 98004 RE: Town Center Dear David: On behalf of Brad Collins this letter is formal notification of the City's 'acceptance of your firm for preparation of the EIS for development of the "Tukwila Pond" property. We will need a formal notice fram yourself or Tri Star Development stipu- lating to EIS production in lieu of an environmental checklist preparation. This might also include your recommendation of the SEPA scoping.process and the issues you currently anticipate addressing in the EIS. .Thank you. Respectful' ick Beeler Associate Planner RB/blk cc: Brad Collins Michael Hess, Tri Star Development =.1D, a' 1 CQ PML)O w I eS r -E\s ,u40 coer,x..Q;st scivoil) Ll otl) vui 696-Asz- ,Zro4 qiaiknpA Ft) QO o_SO iwzuuoes-To# (3-Qs vLa/ Qtazt-Es It _3 9cpe, bog. MOR ezErls c.k)v (oicy.›/ "Ea ram-:‘ ciTtc=4:) P! \N (2.-3 51-brz ® \e\Lcup came), COs imecczr_x=6, � oaw: c44-fizouLz, 6 mow*E) 5vte.- _. s. sp (N8010 uto & N ), *e\r ®L ctty - ( m . Ou\cv., b M rn cU> MQ UY V S ( T 1-t\mK)L4 pczlb c,L,palspa Top-N\PA_ lx\--,c0e\i/OS) (LL t3 SUptArr p QS ¶3ccLk f( L - tS\I UJ T. 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CC e -,e;e1.-4,;/ CO. r C!L ACTIC _.� I-,r :■ I %1 9 CITY of T WASHINGTON RESOLUTION NO h A.RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING GENERAL GUIDELINES FOR THE FUTURE DEVELOPMENT OF THE CITY LIGHHT SITE, A SITE DEPICTED ON THE COMPREHENSIVE LAND USE PLAN MAP AS AN AREA REQUIRING SPECIAL DEVELOPMENT CONSI- DERATIONS. WHEREAS, development proposals on the City Light site, generally located at the southwest corner of the intersection of Strander Boulevard and Andover Park West, require a waiver from Ordinance #1035 prior to the issuance of any permit authorizing construction; WHEREAS, the City Light site is presently for sale by sealed bid and several potential bidders have inquired as to the development potential of the property; WHEREAS, in order to cooperate with these potential bidders, the City Council desires to develop uniform guidelines for the future development of the site. NOW, THEREFORE, TIIE CITY COUNCIL OF THE CITY OF TUKWILA DOES RESOLVE AS FOLLOWS:.. That based on the information obtained from the Environmental Impact Statement on the City Light property, certain mitigating measures: should be imposed on development proposals to reduce the potential adverse environmental impacts of development. Also, using the policy direction of the Comprehensive Land Use Policy Plan, the following guidelines are hereby adopted in order to provide direction for the future development of the City Light site: 1. Surface runoff from paved areas on the site should not be chan- neled into the pond unless approved water filter devices and other measures are implemented in order to maintain suitable water quality for wildlife. 2. Encourage the pond environment to be used by wildlife, particularly waterfowl. In order. to accomplish this objective, the following policies should be implemented: a. Separate human access areas from prime feeding and nesting areas (SEE, attached map for designation of these areas). b. Separate the nesting area from the mainland (possibly create an island for nesting purposes). c. Future development should setback from the edge of the pond. Access roads and parking areas should be setback also. d. Sufficient "cover" habitat should be retained in order to provide the waterfowl with escape or hiding places. (Retain tree cover in southwe corner of site.) `Q '® e. Encourage visual access to the pond. f. Monitoring of water quality should be done on a continual basis.. Measures must be taken to prevent eutrophication. The pond must be maintained. 3. Discourage the use of trucks as a means of filling the site. Encourage fill to be brought in by rail. A large amount of trucks delivering fill material may cause damage to road surfaces and add to traffic congestion and hazard during peak volume periods. 4. Encourage the coordinated development of building sites on the City Light property. To accomplish this, implement the following: a. Promote shared access points and internal circulation roads, possi- bly built to city standards and dedicated to the City. b. Encourage a compatible mix of office and retail land uses on the site. c. Review all building and site development plans for compatibility with surrounding developed areas, as well as for compatibility with the objectives of wildlife and waterfowl enhancement. S. Concentrate grading and fill activities and site development activi- ties which occur on or near the pond during the non - winter months of April - Octo- ber so as to minimize the adverse effects of construction activities on the use of the pond by waterfowl. Preference will be given to construction on piling. 6. Approximately one -third of the total area of the site should be retained in its natural state. 7. That area retained in its natural condition is to be located on the southeast portion of the site, generally between the southeast corner of the pro- perty and extending west to the southwest corner of the pond. 8. A major portion of the pond should be retained; the wildlife-nesting and refuge areas on the southern portion of the site should be retained as well. 9.. Visual and public access•to the pond and natural areas from S.trander Boulevard and Andover Park West should be encouraged. 10. Development plans, depicting the future utilization of the entire site, should be submitted at the time of waiver application review. Any proposal indicating less than full development of the entire site should contain, at a mini- mum, complete plans indicating treatment of the pond and adjoining wetland /wildlife areas. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON., at a regular meeting thereof this /Z, LY' day of (00:-/-0 b e r- , 1978. Approved as to form: Deputy City Attorney Mayor ATTEST: City Clerk 736. AtA Arxtf .4e/e Co de:/1 fua- . afy„, /��/'�r/L•4�/L 6a/'tiy�, 4ifj -Ezs 2, �3. le-"ve- EIS CGS— 777/5, -4- 1-4-g7i/ei-J 2- 41/ G6t/SC 1 h\40,of Poit9. .4„k fr (Pl/e9 °1*7 477 /‘‘747 C7t6