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Planning 2018-10-11 Item 3 - Attachments - King Lasik Medical Office Building
ATTACHMENT A GREEN RIVER INTERURBAN AVE S ONTYARD SETBACK GENERAL Nc 1. STANDARD PARKING STALLS ARE 2. COMPACT PARKING STALLS MART 3. ALL SIDEWALKS ARE MIN. 5'-0' UA N SCORING PATTERN WITH b 4. CURB LOCATION AND TYPE REEL 5. PROVIDE DETECTABLE WARNING 1 RAMPS. 6. COMPLY WITH IBC CHAPTER 11 SITE KEY NOTES: i. MONUMENT SIGN INTERNALLY ILLUMINATED ON CONCRETE PEDESTA( (UNDER SEPARATE PERMIT) 2 EXISTING CURB CUT_ 3. NEW CURB CUT, SEE CIVIL 4 BICYCLE RACKS. 5- 968X361WX161H PREFABRICATED DECORATIVE CONCRETE PLANTER BOX 6- 96)LX17'D PREFABRICATED BENCH WITH WOODEN SLAT SEEDAND BACK, AND METAL LEGS 7. TRASH ENCLOSURE, CMU ENCLOSURE WITH DECORATIVE GATES (6' GATED)_ 8 1RANS1'IORMER_ 9. CONCRETE SIDEWALK WITH DECORATIVE PATTERN. 10. DIRECTIONAL SIGNAGE(MARKINGS ii. LOADING ZONE, o :iPEO. 12. ADA PARKING SPACES WITH SIGNAGE, SEE DETAIL. 13. COVERED LOADING PORCH 14. ILLUMINATED BOLLARDS, TYP. 15. SITE LIGHTING - POLE MOUNTED 16. EXTEND EXISTING PAVEMENT STRIPING FULL WIDTH OF STREET AND CURBCUT. 17. LINE OF BUILDING ABOVE 18. TRANSFORMER SCREEN WITH DECORATIVE GATES. 19. EXISTING BUS STOP 2- GAS METER. 21. EXISTING SIDEWALK PER CIVIL AND SURVEY. 22- CAST IN PLACE CONCRETE CURBS TYPICAL 23. ASPHALT PAVING TYPICAL. 24 IANLSCAPINC TYPICAL AT ISLANDS AND YARDS 25 EXISTING CROSSWALKS. 26 WATER METER SEE CIVIL C6 27 CONCRETE STAR (4) 6 RISERS/ 1211 TREADS 28. PROVIDE CONTRASTING PAVING WHERE PEDESTRIAN SIDEWALK CROSSES DRIVE AISLE aih l t e c t s 2505 Third Avenue Suite 324 Seattle, WA 98121 206.720.7001 phone 206.720.2949 fax www.crafta rchitects.com i `' Y Q J ZOCC 0 0 CONSULTANT od�uC 04001 Submittals/Revisions. 11/30/2017 SSDP/DR 08 22 /2018 REVIEW RESPONSE Sheet Title. ARCIIITECTURAL SITE FLAN Dale: Design: Drawn. Project No, (26/.I? CB + ,IW 16-067 Approved, ARCHITECTURAL SITE PLAN 6 32 48 Building No: 15 ofS1a1N1 A0.1 COPYRIGHT CRAFT ARCHITECTS 2016 16 of 211 DIVISIBLE. T_E5FLANTTS[GCB 108 GENERAL 1. STANDARD PARKING STY 2. COMPACT PARKING SLAT 3. ALL SIDEWALKS ARE MI SCORING PATTERN WITH 4. CURB LOCATION AND T 5. PROVIDE DETECTABLE W RAMPS. 6. COMPLY WITH IBC CHAF 7. DOOR HARDWARE CO STAINLESS TYPICAL THR PLAN KEY NOTES: 1. CANOPY BELOW -STEEL CHANNEL PERIMETER, ALUMINUM FRAMES, LAMINATED GLAZING. 2. CANOPY ABOVE 3. LINE OF SECOND FLOOR ABOVE 4. POTENTIAL BATHROOM ROOM LOCATIONS (FUTURE TENANT IMPROVEMENT) 5 POTENTIAL CORRIDOR LOCATION (FUTURE TENANT IMPROVEMENT) 6- CURTAINWAI.L SYSTEM - INSULATED GLAZING, THERMAL. BREAK (KAWNEER 1600, WAIL(. SYSTEM 1 WIN THERMAL BREAK) 7_ $I'ORF.FRONT SYSTEM - INSULATED GLAZING, THERMAL BREAK, 6"DEPTH (RAWNE.ER 'Mir AB 6011W1111 1HERMAL BREAK) 8_ SII ORE'FRONI' SYSTEM - INSULATED GLAZING, THERMAL BREAK, 4 1/'2"DEPTH (KAWFJEER TRH: AB VG 51T THERMAL BREAK) 9. 1 HOUR RAND WALLS AND SHARES TYPICAL-. 5/81TYPE 'X' GNR B0111 SIDES 6"STEEL SDDS (DEEPER STUDS AT X BRACES) 19 FIRE RATED GLAZING AND FRAMES AT LOBBY 11. CONCRETE SLAB OVER VAPOR BARRIER OVER GRANULAR FIE. SIAIN AND POLISH CONCRETE FLOORS IN LOBBY AREA. SECOND FLOOR CONCRETE SLAB OVER METAL DECK. 12. TYPICAL SEE COLUMNS NONCOMBUSTIBLE 13 STEEL STAIR AND GUARDRAIL. - BLACKENED STEEL FINISH, PRECAST CONCRETE TREADS. PERFORATED STAINLESS STEEL RISERS, SWAGED STAINLESS STEEL (SS) CABLES, SS HANDRAILS 14. WE.L GUARDRAIL. - BLACKENED STEEL `WISH, SWAGED SS CABLES, SS HANDRAIL 15. PREFABRICATED STAIR -- STEEL CONSTRUCTION, PAINTED, CONCRETE PAN LANDING AND TREADS, STEEL GUARDRAILS AND HANDRAILS 18. MOP SINK AND SHELVES 17. It EXIT SIGN_ 18 S1OREFRONF DOORS, INSULATED GLAZING (KANN ER 360 INSULATED SYSTEM MEDIUM 41 1ILE) 19 SOLID COPE METAL DOORS IN HM FRAMES PAINTED FINISH INSULATED META1 WITH VIEWPORI, RATED. 20 SOLID CORE WOOD DOORS IN HT( FRAMES, VENEER FINISH FULL LAMINATED GLAZING AT MEDICAL OFFICE ENTITY. RATED. 21_ 1P0 Law SLOPE ROOFING SYSTEM 22 ROOF DRAIN AND OVERT OW DRAIN 23- MECHANICAL EQUIPMENT BD CURB TIOUNTED WITH CRICKETS. 24 MECHANICAL EQUIPMENT SCREEN MOON FED TO EQUIPMENT. 25- PREFINISHED COPING ENTIRE PERIMETER 26. ROOF ACCESS EACH WITH LADDER AND GUARDRAIL. 27_ 30X42 AREA OF REFUGE 28. TAPERED RIGID INSULABON CRICKEL. 29_ 'X' BRACE LOCATION. 30- HANDRAIL - WA.MOUNTED (ACROVYN). 31. DOWNSPOUT WITHIN PRE -FINISHED ALUMINUM COLUMN COVER. 32- PRE -FINISHED ALUMINUM COI ULAN (:OVER 2505 Third Avenue Suite 324 Seattle, WA 98121 206.720.7001 phone 206.720.2949 fax www.craftarchitects.com H Z® O 1 co ONSULTANT Submittals/Revisions: 11/30/2017 SSDP/DR Sheet Title: FIRST FLOOR PLAN Date: Design: Drawn: Project No: Approved: 11[26(17 CB + JW VL 16-067 yl FIRST FLOOR PLAN Building No: 17 ofs2c11 COPYRIGHT CRAFT ARCHITECTS 2016 18 of 211 MEDICAL OFFICE SPACE 2m GENERAL c 1. STANDARD PARKING STALLS ARE 2. COMPACT PARKING STALLS MARA 3. ALL SIDEWALKS ARE MIN.5'-0" " SCORING PATTERN WITH MAX.12 4. CURB LOCATION AND TYPE REFS 5- PROVIDE DETECTABLE WARNING 1 RAMPS. 6- COMPLY WITH IBC CHAPTER 11 7. DOOR HARDWARE COMMERCIAL STAINLESS TYPICAL THROUGHOUT PLAN KEY NOTES, 1. CANOPY BELOW -STEEL CHANNEL PERIMETER, ALUMINUM FRAMES, LAMINATED GLAZING. 2. CANOPY ABOVE 3. LINE OF SECOND FLOOR ABOVE 4_ POTENTIAL BATHROOM ROOM LOCATIONS (FUTURE TENANT IMPROVEMENT) 5 POTENTIAL CORRIDOR LOCATION (FUTURE TENANT IMPROVEMENT) 6- CURTAINWAI.L SYSTEM - INSULATED GLAZING, THERMAL. BREAK (KAWNEER 1600, WAY(. SYSTEM 1 WITH THERMAL BREAK) 7_ STOREFRONT SYSTEM - INSULATED GLAZING, THERMAL BREAK, 5'DEPTH (RAWNE.ER "Mir AB 6011WITH THERMAL BREAK) 8_ SII ORE'ERONII SYSTEM - INSULATED GLAZING, THERMAL BREAK 4 1/'2"DEPTH (KAWNEER TRIFAB VG 51T THERMAL BREAK) 9. 1 HOUR RATED WALLS AND SHAFTS TYPICAL-. 5/81TYPE 'X' GMT BOTH SIDES 6"STEEL SDDS (DEEPER STUDS AT X BRACES) 10. FIRE RATED GLAZING AND FRAMES AT LOBBY 11. CONCRETE SLAB OVER VAPOR BARRIER OVER GRANULAR FIE. STAIN AND POLISH CONCRETE FLOORS IN LOBBY AREA. SECOND FLOOR CONCRETE SLAB OVER METAL DECK. 12. TYPICAL SEE COLUMNS NONCOMBUSTIBLE 13 STEEL STAIR AND GUARDRAIL. - BLACKENED STEEL FINISH, PRECAST CONCRETE TREADS. PERFORATED STAINLESS STEEL RISERS, SWAGED STAINLESS S'iEEI (Ss) CABLES, SS HANDRAILS 14. STEEL GUARDRAIL. - BIACKENF.D STEEL `WISH, SWAGED SS CABLES, SS HANDRAIL 15. PREFABRICATED STAIR -- STEEL CONSTRUCTION, PAINTED, CONCRETE PAN LANDING AND TREADS, STEEL GUARDRAILS AND HANDRAILS 5 MOP SINK AND SHELVES 17 It I LAMINATED Dr SIGN_ 18 STOREFRONT DOORS, INSULATED GLAZING (KANNEER 360 INSUI AIED SYSTEM - MEDIUM 41 STILE) 19 SOLID COPE METAL DOORS IN HM FRAMES PAINTED FINISH INSULATED METAL WITH VIEWPO(R, RATED. 20- SOLID CORE WOOD DOORS IN HIM FRAMES, VENEER FINISH- FULL LAMINATED GLAZING AT MEDICAL OFFICE ENTRY. RATED 21_ TPO LOW -SLOPE ROOFING SYSTEM 22. ROOF DEAN AND OVERFLOW DRAIN 23- MECHANICAL EQUIPMENT BD CURB MOUNTED WITH CRICKETS. 24 MECHANICAL EQUIPMENT SCREEN MOUNTED 10 EQUIPMENT. 25- PREFINISHED COPING ENTIRE PERIMETER 26. ROOF ACCESS HATCH WITH LADDER AND GUARDRAIL. 27_ 30X42 AREA OF REFUGE 28. TAPERED RIGID INSULAHON CRICKET. 29_ 'X' BRACE LOCATION. 30- HANDRAIL- - WA.I- MOUNTED (ACROVYN). 31. DOWNSPOUT WITHIN PRE -FINISHED ALUMINUM COLUMN COVER. 32- PRE -FINISHED ALUMINUM C01-UTAH COVER 2505 Third Avenue Suite 324 Seattle, WA 98121 206.720.7001 phone 206.720.2949 fax www.craftarchitects.com ONSULTANT NO1RV104 CO Submittals/Revisions: 11/30/2017 SSDP/DR Sheet Title: SECOND FLOOR PLAN Date: Design: Drawn: Project No: Approved: 11[26(17 CB + JW VL 16-067 SECOND FLOOR PLAN 1 TB.. - 1_Q,. Building No: COPYRIGHT CRAFT ARCHITECTS 2016 20 of 211 PRELIMINARY TREE RETENTION, LANDSCAPE, and IRRIGATION SET T=20' 10 20 40 ARBORIST WOOD CHIP MULCH IN THESE AREAS. DO NOT USE BARK MULCH EXISTING LANDSCAPING TO REMAIN 120 A)0 REMOVE NON-NATIVE WEEDY SPECIES OUTSIDE OF TREE DRIPLINE AS SHOWN. RETAIN ANY NATIVE VEGETATION OTHERWISE. FOR ANY BARE PATCHES, INSTALL KINNIKINNIK AT SPACING AND CONTAINER SIZE SHOWN IN PLANT SCHEDULE FOR KING LASIK BUILDING A PORTION OF THE NW Y.4 OF THE SW 1/4 OF SECTION 24, AND THE NE 1/4 OF SE Y4 OF SECTION 23 TOWNSHIP 23 NORTH, RANGE 4 EAST W.M. CITY OF TUKWILA, KING COUNTY LANDSCAPE LEGEND MY MY MYM MY -77 10WIDTH TYPE I LANDSCAPE„,,,, BUFFER REQUIRED RETAIN EXISTING LANDSCAPING WITHIN TREE CANOPY. REMOVE NON-NATIVE WEEDY PLANT SPECIES SUCH AS BLACKBERRY AND SCOTS BROOM. 2"-3" DEPTH ARBORIST WOOD CHIP MULCH FOR ANY BARE PATCHES ARBORIST WOOD CHIP MULCH IN THESE AREAS. DO NOT USE BARK MULCH EXISTING ZONING: RCM, REGIONAL COMMERCIAL MIXED USE 76> 4, 0 0,5,7,/900 ,35 9.44k MULCH IN THIS AREA 5' WIDTH TYPE II LANDSCAPE BUFFER REQUIRED 1 TREE PER 20' OF PERIMETER, 1 SHRUB FOR EACH 5' LIVING GROUND COVER 90% 8. P/541,N,_.0 It> EXISTING ZONING: RCM, REGIONAL COMMERCIAL MIXED USE , - RH STA TE OF WASH NGTON REGIS FERED LANDSCAPE AR AFFECT 1 EXISTING LANDSCAPING TO REMAIN PLANT SCHEDULE SYMBOL BOTANICAL / COMMON NAMES SIZE CONDITION SPACING QUANTITY REMARKS TREES: THLMA PLICATA 'EXCELSA' / 6-8' HT. AS SHOWN 5 STAKE & GUY ONE GROWING COLUMNAR WESTERN RED CEDAR B & 8 SEASON; NURSERY GROWN, UN - CUT LEADER I , ACER CIRCINATUM / VINE MAPLE 8.-10' HT. B & 8 AS SHOWN 10 STAKE & GUY ONE GROWING SEASON; NURSERY GROWN 0 ACER RUBRUM 'ARMSTRONG' / COL UMNARE RED MAPLE 2" CAL B & 8 AS SHOWN 9 STAKE & GUY ONE GROWING SEASON; NURSERY GROWN FOR STREET TREE USE, BRANCHED AT 6' -€:- PSEUDOTSUGA MENZEISII / 6' HEIGHT AS SHOWN 5 STAKE & GUY ONE GROWING --"- ' DOUGLAS FIR B & 8 SEASON; NURSERY GROWN, UN - CUT LEADER STYRAX JAPONICA / 2" CAL AS SHOWN 4 STAKE & GUY ONE GROWING JAPANESE SNOWBELL B & 8 SEASON, NURSERY GROWN FOR STREET TREE USE, BRANCHED AT 5' -=,-- THUJA PL1CATA / 6' HEIGHT AS SHOWN 15 STAKE & GUY ONE GROWING 1 WESTERN RED CEDAR 8 & 8 SEASON; NURSERY GROWN, UN -CUT LEADER FOR ALL DECIDUOUS TREES, OTHER THAN VINE MAPLE, AS THE TREE MATURES, PRUNE LOWER LIMBS UNTIL THERE IS A 7' HEIGHT CLEAR SPACE FROM FINISH GRADE TO LOWEST LIMB SHRUBS: PENNISETUM ALOPECOROIDES 'HAMELN' / 18" HT MIN. AS SHOWN 63 FULL AND BUSFIY DWARF FOUNTAIN GRASS LAVANDULA SP. 'HIDCOTE' / 18" HT MIN. AS SHOWN 60 FULL AND BUSHY LAVENDER EU0rNt,J1sEORTUNEI 'EMERALD N GOLD' / E 18" HT MIN. AS SHOWN 37 FULL AND BUSHY 0.0 MAHON1A AOUtFOLIUM / TALL OREGON GRAPE 18" HT MIN. AS SHOWN 47 FULL AND BUSHY .a.-, RIEF1&,..1,APONICA 'CAVATINE' / ,i, 18" HT MIN. AS SHOWN 44 FULL AND BUSHY ( !MICA CALIFORNICA / 18' HT MIN. AS SHOWN 27 FULL AND BUSHY PACIFIC WAX MYRTLE ,,Jj.) RRHODZT DRON SP. 'ANAH KRUSCHKE' / 18" HT MIN. AS SHOWN 49 FULL AND BUSHY if POLYST1CHUM MUNITUM / SWORD FERN 18" HT MIN. AS SHOWN 14 FULL AND BUSHY ( — MAHONIA NERVOSA / LOW OREGON GRAPE 18" HT MIN. AS SHOWN 12 FULL AND BUSHY ®-1 SYMPHORICARPOS ALBUS / SNOWBERRY 18" HT MIN. AS SHOWN 24 FULL AND BUSHY @ ROSA NUTKANA / NOOTKA ROSE 18" HT MIN. AS SHOWN 22 FULL AND BUSHY RO RIBES SANGUINEUM / RED FLOWERING CURRANT 18" HT MIN. AS SHOWN 13 FULL AND BUSHY GROUNOCOVERS, BERG2HIAZEASZFOLIA 'BRESSINGHAM RUBY' / E 1 GALLON 24" 0.C. AS REO'D HOLD 12" FROM BORDERS, SHRUBS, AND TREES r_e GAUs!,.THELRIA SHALLON / LA ARCTOSTAPHYLLOS UVA-URSI VASSACHUSETTS7 6886966 1 GALLON 1 GALLON 36' 0.C. 24" 0.C. AS Ran AS REO'D HOLD 12" FROM BORDERS, SHRUBS, AND TREES HOLD 12" FROM BORDERS, SHRUBS, AND TREES ' BARK MULCH TOPDRESSING IN THIS AREA , • /EXISTING ZONING: RCM, REGIONAL COMMERCIAL MIXED USE 10' WIDTH TYPE I LANDSCAPE BUFFER REQUIRED 1 TREE PER 30' OF PERIMETER, EXCLUDING CURB CUTS, 1 SHRUB FOR EACH 7' LIVING GROUND COVER 90% REVISED PER CITY COMMENTS 8/20/18 I BLS I JMV I JMV 1.• 0 >- 0 cr a_ --I < w 5 a_ < 0 :3 0 u_ co w(f) < cc 0 _1 a. z 0 -J 21 of < <,,Ce 1) W < < 0 0 cc < z 0 .1 LL N 1— (0 u_ r[ 3 13 13 g' 1 frl 21 F le P \ 1 7000s \ 17052 \ pre10 roy017052-pL dem 22 of 211 ,0 ©,C 0,1 Luminair Symbol Arrangement VP-S-6ONB-136-4K-T4-BLC SINGLE 88619 SINGLE Calcula Label CalcPts 1 *a.a ,i p,P 11.0 0.0 D-o 0 0 n,a i1.0 i3-tt p.p "3.a a . 0 0 .0 0 - 0 '0 .0 '0 .0 `0 . 0 0 ,. 0 LLF 1 Lum. Watts Lum. Lumens 1 Description 0.850 I37 9271 1 VP-S-60NB-136-4K-T4- 0.850 20.51 405 1 88 619 alcType Units Avg Max 1 Min Av Minance I Fo 0.71 6.5 1 0.0 1 N. KING LASIK 2505 Third Avenue Suite 324 Seattle, WA 98121 206.720.7001 phone 206.720.2949 fax www.craftamhitects.com >- Cn J a. 0 z ° j2 se o N co CONSULTANT Submittals/Revisions: 1.1 2/.2017 SSDPAR Sheet Title: Date: Design. Drawn: Project I\¢ Approved: SHE L IGHIIN, PIAN 11/26/ n CB+JW VL 16-067 Building No: SITE LIGHTING PLAN 23 of01211 AO.2 CQPYRI(;HI CRAt AR0NII[.CIS 2010 24 of 211 ATTACHMENT B eD o 0 0 (77 o -o TO MLA SCREEN h 35 0 Lio NORTH ELEVATION O �SOUTH ELEVATION 1 /8' - 1. 0, 10 1APE( 31-0' I EVkI � i 14-0 LEVEL 1 /I 0 MECH SC35'Rk I U N 1l -` T 0 PARAP 35 0' LEVEL 1 on"V ELEVATIC 1 RAINSCREEN (VALE TR' EXTRUDED ALUMINUM U A HUO8 ROMANTIC (VAL B PU24 MYSTIC CEDAR 2 RAINSCREEN WALE AEI ORIFNIATION FXTRUDLD CURTAINWaL SASH M - COLOR BLACK ANODIZES 4 STOREFRONT SYSTEM - 601T) (WITH INTERNAL S 5 STOREFRONT SYSTEM - 451T) (WITH INI(BENI S1 ELL WHERE REDLINE()) COLOR B(ACIK ANODIZED o HIGH PERI ORMANCC INSULAI CD GLAZING GRAY TINES LYRICAL 7 HIGH PERFORMANCE INSULATED SPANDREL GLAZING, COLOR, TBD ILIGI1 PERI ORMANCC INSULATED CLEAR GLAZING INSULATED STU) DOOR AND FRAME WITH VIEWNORT 10 PRLT INISIIED COPING ETHICAL MTL-2, COLON COOL MALIE BJK,K 11 STEEL CANOPIES TYPICAL - STRUCTURAL( STEEL CHANNFI FRAME PAINTED FINISH LAMINATED SAFELY GLAZING IN BLACK ANODIZED ALUMINUM FRAME, HEFT 1 12 A(UMINUM COLUMN (OVER WW1 BI ACK ANODIZED FINER (3 MECHANICAL EQUIPMENT SCREEN 14 II LUMINAIFD SIGNAGE RI OWNER 2505 Third Avenue Suite 324 Seattle, WA 98121 206.720.7001 phone 206.720.2949 fax www.craftarchitects.com CONSULTANT c4OR)c SON COW Submittals/Revisions 11/30/2017 SSDP/DR 08/21/20i8 RIVILW RESPONSE Sheet Title EXTERIOR ELEVATIONS Date Design Drown Project No Approved: 11/26/17 CB + JW VL 16-067 Building No 25 ofs2e1l A3.1 ®EAST ELEVATION O WEST ELEVATION COPYRIGHT CRAFT ARCHITECTS 2016 26 of 211 ATTACHMENT D CdYofTuhwi|o—OnpartmentofCommunityOmm|upment 83O0SouMhcenherBoulevard Tukwila, Washington 08188 Design Narrative — King Lasik The site isapproximately 4Q.5OUof(114aorea).with street frontage onFort Dent Way and Interurban Avenue. The site is currently undeveloped. King Lasik intends to develop the site with a two-story medical office building and associated parking. The scope of the proposed project includes all necessary fill and grade and shell construction along with landscaping, utility, and frontage improvements needed to complete the project. The proposed project includes one new vehicle ingress/egress point from Fort Dent Way and one existing vehicle ingress/egress point from Interurban Avenue. Ingress and egress points are linked byu26'wide fire access/truck roadway within the site. A1U'setback/landscape buffer iaprovided along Interurban Avenue, and a 20' setback/landscape buffer is provided along Fort Dent Way. The building is approximately 14,700 sf total on two levels, with a rectangular footprint oriented roughly east -west. The building will be two stories, Type 11-B construction, fully sprinkled. King Lasik will occupy the upper level of the building, and the main level will be leased to one or more tenants. The building height isapproximately 32' OvaoA|, this proposed development is compatible with the City ofTukwi|a'a criteria for commercial developments, including creating a high -quality built environment and construction using durable materials that enhance the built environment and minimize the need for maintenance. 1. Relationship of Structure to Site m. The site should be planned to accomplish a desirable transition with the streetscape and to provide for adequate landscaping and pedestrian movement. Located atthe northeast corner ofthe intersection ofFort Dent Way and Interurban Avenue, the site sits approximately level with the adjacent roads. The arrangement nfthe building, oriented 0n align with the intersection of the two roads, works with this topography and allows for straightforward vehicle and pedestrian circulation. Landscaping will augment the relationship between the building and the surrounding stroets, providing a human -scaled transition for both visitors tothe site and passersby. b. Parking and service areas should be located, designed and screened to moderate the visual impact of large paved areas. General urban design guidelines encourage surface parking areas placed to the side or in back of abuilding, which isprovided here. The surface parking ismore functionally aligned with the main entrances, and assuch issited inthis area. This layout allows for the majority nfthe parking 2505Third Avenue I Suite 324 1 Seattle, Washington 98121 1 P 200.720.7001 1 F 20&720.2948 K]nOLauik Design Narrative November 20. 2017 area to be screened from the adjacent streets, thereby moderating the visual impact of this paved c. The height and scale of each building should be considered in relation to its site. This proposed development will be similar in functionality to the adjacent Fort Dent business park office buildings and similar in scale and functionality to the adjacent medical office buildings across Fort Dent Way hothe southeast. Building setbacks are consistent with these adjacent office propedins, creating an ''edge" and visual continuity. On -site vehicular circulation is compatible with street circulation and pedestrian walkways. 2. Relationship of Structure and Site to Adjoining Area a. Harmony in texture, line and masses is encouraged. The surrounding neighborhood buildings employ similar massing to the proposed building; two- storybui|dingswiUhhbbonvindnwsondg|azingatdheentronm*aneoommnninthioanaoandvviU beimitated inthis proposed project. b. Appropriate landscape transition to adjoining properties should be provided. The only directly adjoining property tothis site inhothe northeast. This two-story office building property is surrounded by trees and native vegetation; the proposed project will provide a similar landscaping aesthetic so that the transition between these two properties is smooth and appropriate. Tothe northwest, the site borders onthe Green River. |nthis location, the existing landscape will remain largely undisturbed, with supplemental native vegetation provided as needed. o. Public buildings and structures should be consistent with the established neighborhood The established character of this neighborhood includes easily accessible medical and general office buildings, with tree lined streets and pedestrian friendly paths. This proposed development will maintain and support this established character with a complementary use and site features. This project aims to improve the pedestrian environment in this neighborhood, making it easy, safe and comfortable to walk between buildings and from the street to building entries, and provide safe routes for pedestrians and the disabled. d. Compatibility of vehicular and pedestrian circulation patterns and loading facilities in terms of safety, efficiency, and convenience should be encouraged. The aim of this development is to provide safe, convenient vehicular access, and minimize compromises hothe pedestrian environment. Contrasting paving materials will bmutilized at crosswalks and driveways in order to distinguish between pedestrian and vehicle circulation areas. The site landscaping will be designed such that views of pedestrians or drivers are not K]nOLauik Design Narrative November 20. 2017 blocked where their movements intersect; a minimum 10 foot wide landscaped buffer is provided between all parking areas and public street hght-of+ways. This building has a dedicated sidewalk creating an accessible route to the public way; this sidewalk will connect the main building entrance to the perimeter public circulation paths in a safe and efficient manner. There is a transit stop directly adjacent to the site along Interurban Avenue; pedestrian connections between the site and the public circulation path will be attractive to employees and visitors to this building who may arrive via public transit. e. Compatibility of on -site vehicular circulation with street circulation should be encouraged. The goal ofthis project iominimize the impact ofvehicle ingress/egress ontnaffioflowandn*dune impact of curb cuts on pedestrian walkways. The curb cut at Interurban Avenue is existing, and the curb cut added at Fort Dent way will align with the development across the street, allowing for safe and efficient vehicular circulation through the site. On -site directional signs will also be provided to clearly mark vehicular routes. 3. Landscape and Site Treatment a. Where existing topographic patterns contribute to beauty and utility of a development, they should bmrecognized, preserved and enhanced. The existing buildable area of the site is approximately level with surrounding streets. This provides a prime opportunity for development with minimal disruption to the land. The existing slope down to the Green River will be preserved as it exists, with landscape enhancements as b. Grades ofwalks, parking spaces, terraces and other paved areas should promote safety and provide mninviting and stable appearance. The goals nfthe site design for this project are topromote personal safety and property security, ensure the night time environment is safe and inviting, and select plantings based on site security needs. The building in this development is sited such that surveillance opportunities from surrounding streets is maximized; sight lines provided by glazing on all sides of the building will allow observation of outdoor on -site activities by building occupants and passersby. The main building entrance area is wrapped in g|azing, allowing building inhabitants to monitor the activities on site and beyond. Exterior lighting will baprovided such that at least 2fnotcandleaare provided atbuilding ontronmas/exdsand pedestrian walkways, and at least 1 fonhcand|eisprovided stparking areas. It is not intended that plant growth in landscaped areas will interfere with site surveillance opportunities. Nodead-end spaces are included onsite. K]nOLauik Design Narrative November 20, 2017 The proposed parking layout for this development is efficient; compact stalls are provided where possible and aisle widths are not excessive. Parking areas are designed anefficient double - loaded driveaie|oa.witho|andaoapeie|anda<theendoftheparkingrowobooreabsviaua|breaka. The parking areas proposed are concentrated where they will be the most needed: nearest the main building entnonoeo, which will in turn minimize unnecessary pedestrian circulation throughout the site. o. Landscape treatment should enhance architectural features, strengthen vistas and important axes, and provide shade. It is the intent of this development to provide a landscape design that enhances the site and character ofthe building, The landscape design will provide apleasant transition hzthe site, improve the appearance of the parking and vehicular areas, screen views, and organize and enhance the different spaces and functions onsite. Further, the goals ofthis development include achieving continuity and transition nnthat the public streeCooapeand private landscape appear unified, and improve the pedestrian environment. A mix of shade trees, shrubs, and groundcover is proposed in order to fulfill both the aesthetic and functional goals for this development. d. In locations where plants will be susceptible to injury by pedestrian ormotor traffic, mitigating steps should be taken. The landscape design takes into account the locations where plants may be susceptible to damage; plants are either not placed in these locations, or protected within planter boxes. e. Where building sites limit planting, the placement of trees or shrubs in paved areas is mnoounmQmu. Wherever possible, a combination of trees, shrubs, and groundcover plants will be incorporated into the landscape design, including native and northwest -adapted plant material. The landscape design for this site includes the selection of plant materials that will enhance the overall landscape design oonoept, and provide for variety and visual interest on the site. |tiathe goal of the landscape design to employ principles such as unity, focus, variety, consistency, appropriateness, and density when plants are selected and arranged. Plants adjacent tosigns will boselected and maintained hoensure they donot obscure the signs. [ Screening of service yards and other places, which tend to be unsightly should be accomplished by the use of walls, fencing, planting, or combinations of these. Screening should be effective in winter and summer. The trash/recycling area and electrical transformer, sited towards the northwest of the building, are screened from view by both a walled enclosure and plantings that will be durable throughout the year. g. |nareas where general planting will not prosper, other materials such asfences, walls, and K]nOLauik Design Narrative November 20. 2017 |ngeneral, plantings will prosper throughout the site. Asnoted above, where screening is necessary to surround the trash/recycling area and electrical transformer, walls will be utilized to accomplish this screening in addition to plantings where possible. h. Exterior lighting, when used, should enhance the building design and the adjoining landscape. Lighting standards and fixtures should beofmdesign and size compatible with the building and adjacent area. Lighting should be shielded, and restrained in design. Excessive brightness and brilliant colors should baavoided. Several types ofexterior lighting will beemployed unthis project. For general safety, pole mounted fixtures will be dispersed throughout the parking area; these fixtures will be similar in height and style b)those inthe neighboring developments. Building mounted fixtures will also be utilized, to highlight the building design and provide safety at building entrances/exits. All ofthe fixtures installed on site will be shielded and of an appropriate brightness so as not to affect neighboring properties. 4. Building Design m. Architectural style is not rmmthuted, evaluation of project should be based on quality of design and relationship to surroundings. It is understood that this new development should incorporate design features that establish a scale compatible with the desired character of the surrounding area. To accomplish this, articulation inprovided onall sides ofthe building. Achange intexture isprovided byvarying the exterior building material, and each of the facades employ a field color plus a contrasting accent The aims of this development are to make walking to and among businesses a positive, attractive, engaging experience, to help encourage a successful neighborhood commercial district and support active sidewalk environment, to provide for attractive and interesting facades that create visual interent, toprovide an inviUng, intereating, identifiab|e, and convenient building entry, and toenhance the pedestrian environment. A pedestrian friendly facade is provided at the main entrances near the parking area. Transparent window areas will allow building inhabitants to keep an eye on the exterior; overhead weather protection in the form of canopies and pedestrian -scaled signage will make the building entrances inviting. b. Buildings should be to appropriate scale and be in harmony with permanent neighboring The objective of this development is to provide a building design in which the organization is easily understood, appropriate to the site, and becomes a positive element in the architectural character ofthe surrounding area. This proposed project will dosobyutilizing acreative, funotinna|, architectural design and site organizetinn, a strong architectural ooncept, and will provide visual interest and human scale. K]nOLauik Design Narrative November 20. 2017 c. Building components, such as windows, doors, eaves, and parapets, should have good proportions and relationship tmone another. Building components and ancillary parts shall be consistent with anticipated life of the structure. The goal ofthis development ishotake advantage ofaprominent corner location byincorporating unique, distinctive architectural features, adding visually in0u/esting, identifiable elements tnthe streetscape, and providing an understandable relationship between the overall massing of the building and its architectural elements and details. This development will be noticeable to the surrounding area, and as such, intends to utilize design features, details and materials in order to maximize the opportunity for visual interest. The main building entrances are provided atthe north side ofthe site. The tenant entrances will be glazed from grade to 9 feet above grade, and glazing will also be provided for the second story. The entrance doors will be highlighted with a steel channel and glass canopy in an accent color. The mein building entrance area will be glazed to the full height of the building. Color contrast will be provided through the use of the main field color plus an accent color. It is the intention that this building is designed such that the details relate to the overall form and massing; this is a small medical office building, and the scale of the accompanying details must beappropriate and woU'pnopordoned. Add -on elements orornamentation that ianot related 0o the building function has been avoided. Durable, high quality building materials are provided throughout; this will provide a sense of permanence and will foster the ongoing maintenance and upkeep of this development. d. Colors should be harmonious, with bright or brilliant colors used only for accent. The colors selected for this building are natural wood tones with dark/charcoal gray accents. These colors will blend seamlessly with the surrounding natural area. m. Mechanical equipment mrother utility hardware onroof, ground orbuildings should be screened from view. It is intended that mechanical equipment will be roof -mounted, and will be screened so that it is not visible from public streets and adjacent properties. Utility boxes and trash receptacles will be made to appear as an integral part of the building and sited such that they may be maintained without damaging the landscaping. f. Exterior lighting should bepart ofthe architectural concept. Fixtures, standards and all exposed accessories should baharmonious with building design. The design aesthetic of the proposed building places an emphasis on natural colors and textures, while employing simple and straightforward massing. The exterior lighting proposed onthis project, including the pole mounted site lighting, bollard lighting at the pedestrian plaza, and building mounted fixtures, all have a similar aesthetic so that the lighting integrates appropriately K]nOLauik Design Narrative November 20. 2017 g. Monotony of design in single or multiple building projects should be avoided. Variety of detail, form and fitting should be used to provide visual interest. The goal of the architectural design of this building is to provide a visually interesting exterior, with modulation and articulation toavoid aflat ordull appearance. Each hagadeofthe building includes a variety of materials, oo|nm and toxturoe, with varying amounts of glazing. 5. Miscellaneous Structures and Street Furniture a. Miscellaneous structures and street furniture should be designed to be part of the architectural concept ofdesign and landscape. Materials should becompatible with bui|dings, scale should be appnopriato, colors should be in harmony with buildings and surroundings, and proportions should betuscale. This proposed development has provided several attractive pedestrian -friendly features in order h)support ocomfortable environment for pedestrians. Weather protection inthe form of overhanging canopies is provided at each building entrance, as well as pedestrian -oriented oignogo at each entrance. Light fixtures on the building will also highlight these features. The landscape design for the development is also intended to augment the pedestrian experience of this site. Benches will be provided on the plaza in front of the main floor tenant entrances in order toprovide aplace ofrelaxation orrest tothe pedestrians onsite. b. Lighting in connection with miscellaneous structures and street furniture should meet the guidelines applicable tosite, landscape and buildings. Illuminated bollards will be provided in connection to the furniture provided on the pedestrian plaza to the north of the bui|ding, adjacent to the main tenant entrances. This lighting will serve to provide both visual interest and safety for employees and visitors when it is dark outside. Building mounted exterior lighting will supplement the illuminated bollards in this area. 6. Consistency with Adopted Plans and Regulations a. Demonstrate the manner in which the proposal is consistent with, carries out and helps implement applicable state laws and the regulations, pm|icies, objectives and goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other official laws, policies and objectives ofthe City ofTukwila. The overall function of the City of Tukwila Comprehensive Plan is to provide a framework for a nefo. |ivab|e, economically viable community with which residents and businesses are proud to identify. The proposed project is consistent with this mandate; the development of this site will provide anew asset tothe City ofTukwila that didn't previously exist. Anessential component nf comprehensive planning is the land use element — this proposed project is an allowed use in the RCM zone and will blend functionally with the surrounding area. This project adheres toall applicable development regulations outlined by the City of Tukwila for this zone. K]nOLauik Design Narrative November 20, 2017 7. Consistency with Review Guidelines relative to Shoreline Master Pnm8nmnm and Shoreline Overlay District Criteria This project proposes ause that ispermitted inthe Urban Conservancy shoreline environment and the RCK4zone. The proposed project adheres with all applicable development standards, including setbacks and site configuration, height restrictions, lighting, vegetation and landscaping. The shoreline goals and policies derived from the City of Tukwila's Comprehensive Plan provide for objectives promoting Tuhwi|a'n long-term vision for its shorelines. This project, located within the Urban Conservancy Environment, places a priority on development that promotes vegetation conservation and enhancement, sensitive areas protection, preservation of water quality to assure no net loss of shoreline ecological functiona, uses that minimize interference with navigation and flood control, uses that allow for the safe, unobstructed passage of fish and wildlife, development that is compatible with the natural and biological limitations of the land and water that do not require extensive alteration of the shoreline or new shoreline stabilization, and development of commercial activities where shoreline impacts are minimized and where there is nonet loss ofshoreline functions. This proposed project upholds all ofthese priorities, and will provide anew development that minimally impacts the surrounding area. Additional goals of the Comprehensive Plan (5.3 and 5.5) include encouraging development along the shoreline that fosters the economic vitality of Tukwila while preserving the long-term benefits ofthe river. This proposed project issited such that the impacts onthe river, including wildlife and aquatic habitat and river vegetation, are minimized. This new development will not diminish the commercial navigability of the river, and is designed to be consistent with the Tukwila Shoreline Design Guidelines. This proposal reflects principles ofhigh quality design inareas such as site planning, architecture and landscaping, and includes setbacks, bulk, height, density, landscape buffers and provisions for open space that enhance the shoreline environment. Comprehensive Plan Goal 5.9 includes a policy to ensure that shoreline development results in no net loss of shoreline ecological function, minimizes impacts on wildlife and that significant vegetation, sandbars, wetlands, watercourses, and other critical areas identified as important for habitat are maintained through the proper location, design, construction, and management of all shoreline uses and activities. This proposed project aohieveatheobjectiveaout|inedinthiapo|ioy aswell; the shoreline functions will bmundisturbed bythis development. Theo|earing/gnsding. landscaping, surface water drainage and sewer systems for this project are proposed to be completed in a manner that minimizes opportunities for pollutants tu enter the river, provides ATTACHMENT E Return Address: City of Tukwila A I I N: City Clerk 6200 Southcenter Blvd Tukwila, WA 98188 11111111 20110826000079 II PAGE —CITY OF Tl1KUXL ORD 135.00 08/26/02011 09:38 KING COUNTY, u STATE RECORDER'S Cover Sheet (RCw 65.04) Document Title(s) (or transactions contained therein): (all areas applicable frr your document must be filled in) i. Ordinance 2343 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document I. City of Tukwila 2. Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. Dt4ant. A MA'S Ci[r± (4c4C It)t f/E 2. Lei-(ri M rz So ne Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Additional legal is on page _ of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned N/A The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "1 am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or is obscure soiAe pert of the text of the original document as a result of this request." Signature of Requesting Party ter: Do not sign above nor pays iitionai $50 fee if the document meets margin/formatting 35 of 211 City of Tukwila Washington Ordinance No. 3 Ili AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND DUANE A. WELLS AND GERTRUDE A. WELLS, HUSBAND AND WIFE AND THE MARITAL COMMUNITY COMPRISED THEREOF, AND LARRY MAGONE, EXECUTOR OF THE ESTATE OF VAL BAIN, DECEASED, REGARDING THE DEVELOPMENT OF A VACANT PARCEL OF LAND (KING COUNTY PARCEL NO. 2954900420) LOCATED AT THE INTERSECTION OF FORT DENT WAY AND INTERURBAN AVENUE SOUTH; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.70B.170 authorizes the City to enter into "development agreements" with persons having ownership or control of real property; and WHEREAS, pursuant to RCW 36.70E190, this ordinance and the Development Agreement shall be recorded with the real property records of the county; and WHEREAS, pursuant to RCW 36.70B.200, an July 25, 2011, the City Council held a public hearing regarding the Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement Adopted. The Development Agreement between the City of Tukwila and Duane A. Wells and Gertrude A. Wells, husband and wife and the marital community comprised thereof, and Larry Magone, Executor of the Estate of Val Bain, deceased, a copy of which is attached to this ordinance as Exhibit A, is hereby adopted. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Proces SK:bjs 7-13-11 lOrdinances\Development Agreement -Duane Wells et at Page 1 of 2 36 of 211 Section 3, Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law, PASSED BY THE CITY COUNCli3OF THE CITY OA TUKWILA, WASHINGTON, at a Regular Meeting thereof this / day of t6L.tSt , 2011. ATTEST/ THENTICATED: Christy O'Fla erty, CMC, City C APPROVED A TO F M BY: Shelley-M. Kersl. e, Cy Attorney Filed with the City Clerk: Passed by the City Counci Published: Effective Date: • -- Ordinance Number: Q3 1_.- 4 Attachment: Exhibit A Development Agreement W: Word Processing\0rdinances\Development Agreement -Duane Wells et al SK:bjs 7-13-11 Page 2 of 2 37of211 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2343. On August 1, 2011 the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: Ordinance 2343: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND DUANE A. WELLS AND GERTRUDE A. WELLS, HUSBAND AND WIFE AND THE MARITAL COMMUNITY COMPRISED THEREOF, AND LARRY MAGONE, EXECUTOR OF THE ESTATE OF VAL BAIN, DECEASED, REGARDING THE DEVELOPMENT OF A VACANT PARCEL OF LAND (KING COUNTY PARCEL NO. 2954900420) LOCATED AT THE INTERSECTION OF FORT DENT WAY AND INTERURBAN AVENUE SOUTH; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, CMC, City Clerk Published Seattle Times: August 4, 2011 38 of 211 11--111 Council Approval 8/1/11 Approved by Ordinance No. 2343 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKW[LA AND DUANE A. WELLS, GERTRUDE WELLS, AND LARRY MAGONE, FOR THE DEVELOPMENT OF 6700 FORT DENT WAY THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this I5 day of Xivct. , 2011,.by and between the CITY OF T"(TKW[LA ("City"), a non -charter, optional code Washington municipal corporation, and DUANE A. WELLS and GER'TRUDE A. WELLS, husband and wife; and LARRY MA GONE, as the Executor of the estate of Val Bain, deceased ("Wells"). I. RECITALS WHEREAS, the Washington State Legislature has authorized the execution of development agreements between a local government and a person having ownership or control of real property within its jurisdiction, pursuant to RC W 36.7013.170; and WBEREAS, Wells owns or controls approximately 1.14 acres of real property commonly known as "6700 Fart Dent Way" in Tukwila, Washington ("the Property") generally located between the boundaries of the Green River on the northwest; Fort Dent Way on the southeast; interurban Avenue on the southwest. The site is shown on the vicinity map attached hereto as Exhibit 1 and as legally described in Exhibit 2, attached hereto; and WHEREAS, Wells and the City executed a Deed and Easement in Lieu of Condemnation ("1977 Deed") in 1977 which granted certain rights and responsibilities for the parties related to the Property (attached hereto as Fxhibit 3); and WHEREAS, a dispute arose between the parties related to access rights conferred to and from the Property by the 1977 Deed; and WHEREAS, Wells filed suit against the City in King County Superior Court under Cause No. 09-2-38319-7 ; and WHEREAS, the parties desire to confirm the rights conferred by the 1977 Deed; and WHEREAS, as the result of settlement negotiations, the City has agreed to vest the Property to the City's current development regulations, specifically including but not limited to the City's Shoreline regulations in effect as of January I, 2009, for a period of 10 years as of the effective date of this Agreement and the other terms of the executed Settlement Agreement between the parties; DEVELOPMENT AGR.EEMENT - PAGE I OF 8 39 of 211 WHEREAS, a development agreement must be approved by ordinance after a public hearing. WHEREAS, a public hearing for this Development Agreement was kid on u►uJ , 2011 and the City Council approved this Development Agreement by Ordinance No. a, L/ on ust 1 , 2011. WHEREAS, this Agreement constitutes a final land use action pursuant to RCW 36.70C.020 and is subject to review pursuant to RCW 36.70C.101 et seq. NOW, THEREFORE.:, in consideration of the mutual promises set forth herein and the long-term benefit to both the City and Wells, the parties hereby agree as follows: II. AGREEMENT Development Under This Agreement. The foregoing recitals are agreed and incorporated in this Agreement. The Property will he developed under the jurisdiction of the City pursuant to the terms and conditions of this Agreement including the Settlement Agreement, the teens of which are incorporated herein by reference. This Agreement sets forth the development standards and other conditions of development for the Property. 1.1 Scope of Development. Wells proposes to develop a mixed use development that may include office, retail or restaurant uses. 1.2 Vesting of Development Regulations. Development on the Property as described in this Agreement shalt vest to the following development regulations in effect on the date of execution of this Agreement (the "Development Regulations") for the Term of this Agreement: The Tukwila Comprehensive Plan (Ord No. 2070 adopted November 22, 2004, as amended by Ordinance 2218 adopted December 15, 2008); the Tukwila Zoning Ordinance (Title 18, TMC); the Tukwila Subdivision Ordinance (Title 17, TMC); Shoreline Master Program designations and pre -designations, transportation concurrency regulations; stormwater, surface water treatment and quality, and surface water retention and detention design standards and ordinances. Development of the Property shall not be subject, during the Term of this Agreement, to any amendments to, or replacements of, the Development Regulations listed above. These are rights vested under state law for purposes of RCW 36.70A.300 (3)(a). The property remains subject to the requirements and entitlements contained in DEVELOPMENT AGREEMENT - PAGE 2 OF 8 40 of 211 the 1977 Deedand this Agreement is not intended and does not modify those rights and responsibilities, 1.3 Term of Vesting. The vesting described herein shall apply for ten (10) years from the effective date of this Agreement (the "Term" of the Agreement). For those development standards not specifically enumerated in this Agreement, the Land Use Process approvals shall be governed by the City codes and standards in effect upon the date of complete application and the 1977 Deed. 1.4 Access for Development. Access to any development on the Property shall be governed by the 1977 Deed and the Settlement Agreement. 1_5 Police Power/Pre-emption. Nothing herein relieves Wells of any obligations they may have during the Term to comply with state or federal laws or regulations of any kind, including but not limited to those related to storm, surface water and floodplain management. The development shall not be vested against the application of development standards that are imposed by virtue of state or federal pre-emption of the City's regulatory authority. As provided by RCW 36.70B.170(4), the proposed development shall not vest against new development regulations to the extent the new regulations are required by a serious threat to public health and safety. 1.6 international Codes. The International Building Code, International Fire Code, and other construction codes in effect in the State of Washington as of the date of the filing of a complete application: for a building permit shall apply to all new development and the redevelopment or modification of existing development. 1.7 FEMA. Welts are obligated to comply with applicable FEMA National Flood Insurance Program regulations that are in effect at the date of any building, grading or clearing permit application. 1.8 Optional Regulations. During the Term of this Agreement, Wells may at their option develop the Property or portions thereof in accordance with new code provisions or generally applicable standards for that subject adopted after the date of execution of this Agreement, without the obligation to bring other portions of the Property into conformance with newly -adopted codes or regulations. 2. Dispute Resolution Process. The parties shall use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations. if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute through mediation before resorting to litigation. The fees for mediation will be borne equally by the parties. DEVELOPMENT AGREEMENT - PAGE 3 OF 8 41 of 211 3. Modifications to Agreement. This Agreement contains all terms, conditions and provisions agreed upon by the parties hereto, and shall not be modified except by written amendment executed by both parties. Amendments to this Agreement that materially modify the intent and policy of the Agreement must be approved by the City Council. Other amendments may be approved by the City Mayor. 4. General Provisions. 4.1 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. 4,2 Recording. This Agreement or a memorandum thereof shall be recorded against the Property as a covenant running with the land and shall be binding on and inure to the benefit of Wells and their heirs, successors and assigns until this Agreement expires on its own terms pursuant to Section 1.3. 4.3 Interpretation; Severability. 4.3.1 Interpretation. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.7013.170 et seq., and this Agreement shall be construed to exclude from the scope of this Agreement and to reserve to the City, only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. If a Development Standard conflicts with an otherwise applicable provision of the Tukwila Municipal Code, the development standards in this Agreement shall control. 4.3.2 Severabilitv. if any provisions of this Agreement are determined to be unenforceable or invalid in a final decree or judgment by a court of law, then the remainder of this Agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and in full force and effect. In that event, this Agreement shall thereafter be modified, as provided immediately hereafter, to implement the intent of the parties to the maximum extent allowable under law. The parties shall diligently seek to agree to modify the Agreement consistent with the final court determination, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this Agreement has been completed. if the parties do not mutually agree to modifications within forty-five (45) days after the final court determination, then either party may initiate the arbitration process under Section 2 for determination of the modifications that will implement the intent of this Agreement and the final court decision. 4.4 Authority. Each party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Agreement. DEVELOPMENT AGREEMENT - PAGE 4 OF 8 42 of 211 4.5 Exhibits and Appendices Incorporated. Exhibits 1 and 2 are incorporated herein by this reference as if fully set forth. 4.6 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions ofthis Agreement. 4.7 Time of tlx: Essence. Time is of the essence of this Agreement and of every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of Washington, then the time period shall be extended automatically to the next business day. 4.8 Entire Agreement. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein and this Agreement supersedes all previous agreements, oral or written. 4.9 Default and Remedies. 4.9.1 Cures Taking More Than . Thirty Days. Except as expressly provided otherwise in this Agreement, no party shall be in default under this Agreement unless it has failed to perform as required under this Agreement for a period of thirty (30) days alter written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. 4.9.2 Rights of Non -Defaulting Party. A party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation damages, specific performance, or writs to compel performance or require action consistent with this Agreement. 4.9.3 Attorneys' Fees. In any action to enforce or determine a party's rights under this Agreement; the prevailing party shall be entitled to attorney's fees and costs. 4.10 Term. The Term of this Agreement shall he as set forth in Section 1.3 above. Until such time as the City revises the comprehensive plan or development regulations which apply to the Property during the Tenn of this Agreement, the goals of the comprehensive plan and the development regulations to which the project vests will continue to apply to the Property following the expiration of this Agreement. 4.11 No Third -Party Beneficiary. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their heirs, successors and DEVELOPMENT AGREEMENT - PAGE 5 OF 8 43 of 211 :assigns.ii No other person shall hav::.an greentent.: . ....-..... :.4.12 ;.. Interpretation. This Agreement has beef reviewed: and: revised by: legal counsel for bout parties., and no presusnpti:oxr or rule constriiing ambiguity jagainst . °e dratter... of the. document shall::::apply trr the interpretation or; enforcement :.of : this. AiroQfo.cnf: 4:1:3 Notice. All .comniunications;..nolices, : and :demands !of;;;any .`kind :that a party under this,:Agreernent: requires +r desires to igiye to ;:any Other: pastyShall:be in writing and either (i) delivered .personally, (it) sent by facsimile ::transmission with: an additional. copy` Mailed first, class?::or (ni) :deposited i-n the. 11,S.. mail, certified mail postage prepaid, return.reeerpt requested, and addressed asfo:llows: lftothe:City: City. of 6240 SouthceiterBoulevard '1'tikw.tla; .Washington 981:8 8 Attrz:.. ayor''s:Offic0and. Director ofPublic Works and Director ofCoriimunity:Development If to Wells; right o tion based Upon any:pravision o 'thns' T unite A': 'Wells Port Ludlow, Washington.d`3", 5 : Notice; by:hand`delivery;:or;facsiir:ile shall be effectiveupon receipt,:piuvidedthat. noticeby facsimile, shall be accornl anied by:mailed notice as set forth..Iiereiri:and-shall be ev3denced`by: a machine -printed:: confirmation of successful transmission.. If deposited to the mail, certified- rnail, returi.i:;✓eceipt zeq;+iested,-notice shall be deeitted delivered: forty- eight(48): hours :after:depuaited. Any party at any;:time by notice' to the other party may: designate: a different address' er•: person to which such notice or communication shall be tvcn. 4;1:4 :.Bela s.::If either: party is delayed : in the:: performance of its. obligations under this Agreement due to Force Maleure, :then performance: of those i obligations' shall be :excused f`or the period _af delay. Fur purposes of this Agreement, .economic :dovrntttrns; less in val:ne.of the :Property;. inability:: to obtain or retain financing, do not constitute: a farce titaleure. event. 4,15 Indemnification. Except:as otherwise specifically„provided elseWhere in 1hi Agreentent and any exhibits hereto, each party shall: protect: defend,. indemnify and hold hardness: the oth.er`party, and their officers, agents.,. and employees, or any of them, from and against any and all claiiiis, actions, suits liability,loss, costs; expenses, and damages: of any.: nature:whatsoever, which are caused by or result froze: any negligent act :.or ;omission ofthe party's own officers agents, and employees in performing services DEVOPMENTAGRBFMFNT - PAGE 6 OF 8 44of211 pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a party, the party whose negligent action or omissions gave rise to the claim shall defend the other party at the indemnifying parry's sole cost and expense; and if final judgment be rendered against the other party and its officers, agents, and employees or jointly the parties and their respective officers, agents, and employees, the parties whose actions or omissions gave rise to the claim shad satisfy the same; provided that, in the event of concurrent negligence, each party shall indemnify and hold the other parties harmless only to the extent of that patty's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. 4.16 Development of the Property is a Private Undertaking. Development of the Property is a private development and the City has no interest therein except as authorized in the exercise of its governmental functions. In Witness Whereof, the parties have caused this Agreement to be executed, effective on the day and year set forth on the first page hereof. CITY OF TUKWJLA, a Washington municipal corporation By: Dat ATTEST: 0,/:":47,10P Christy O'Flaherty, City Clerk APPROVED AS TO FORM: DUANE A. WELLS Date: 6 e, /r DEVELOPMENT AGREEMENT - PAGE 7 OF 8 45 of 211 GERTRUDE A. WELLS �' 'L�1'k .i'•CLfI f a Date: LARRY MAGONE, Executor of the Estate of Val Bain, Deceased Date: DEVELOPMENT AGREEMENT - PAGE S OF 8 46 of 211 GERTRUDE A. WELLS Date: LARRY MAGONE, Executor of the Estate of -Val Bain, Deceased Date: DEVELOPMENT AGREEMENT - PAGE 8 OF 8 47 of 211 3 Fis:s1,gT irakwifa path fort Dent Park 0 Jth�' ;C) 2410 King County r.J " 4t _J2tOf! The Inforrnobon ins aged on Ibis map has been compiled by Hlay County staff from a yacht/ of sources and is subject In plup rikthote notice. King Co:.mty makes pro refuesentebens of warrsnfes, o.presa or trnplied, as io accuracy, completeness., liineTsposs. or rights to ti:e use of sitdt information, This document Le nai Intended Far use as a survey proCtxi. King County shall not be stable far any gene 1, specrof, Mired, Incidental, or cansequentie 4elnages including, but not hunted to, iost revenues or lost pm0ts tesuff[ng from ilia use orreasuse of the Er>fnrma€ion contained on Ns map. Any sa4e of 'Ms nap or Entpmn.stin ort Etrs mop Esptuhltttsd except bywritien psrrnlssion of King Cptmfy. pate: 91712t3t0 Sr: King County NAP - Property InformaEEun(hllp.11mwr.rneirolta.goy/G184,WFP) King County EXHf1 P211 LEGAL DESCRIPTION: THAT PORTION OF VACATED BLOCKS 4 AND 17, AND VACATED STREETS ADJOINING GUNDAXER' S INTERURBAN ADDITION TO SEATTLE, AS PER PLAT RECORDED IN VOLUME 14 OF PLATS, PAGE 46, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOW S BEGINNING AT HIGHWAY ENGINEERS STATION P.O,T, (2M) 127 + 75 ON THE 2M-LINE AS SHOWN ON STATE HIGHWAY MAP OF PRIMARY STATE HIGHWAY NO. 1 (SR 405) GREEN RIVER INTERCHANGE, SHEET 2 OF 4 SHEETS, ESTABLISHED BY COMMIS ION RESOLUTION NO. 1192, FEBRUA.RY 19, 19 6 2 ; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID 2M-LINE TO THE SOUTHWESTERLY MARGIN OF VACATED KENNEDY STREET, AS SHOWN IN SAID PLAT, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG SAID RIGHT ANGLE LINE A DISTANCE OF 140,00 FEET; THENCE NORTHWESTERLY AND PARALLEL WITH SAID SOUTHWESTERLY MARGIN OF VACATED KENNEDY STREET NORTH 59 ° 3 2' 54" WEST TO THE EASTERLY SANK OF THE GREEN RIVER; THENCE SOUTHWESTERLY ALONG SAID SANK TO THE SAID SOUTHWESTERLY MARGIN OF VACATED KENNEDY STREET; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO THE CITY OF TUKWILA FOR SOUTHCENTER BOULEVARD BY DEEDS RECORDED UNDER RECORDING NOS, 741.0290105 AND 7708040599; SITUATE IN THE CITY OF T€TKWILA, COUNTY OF KING, STATE OF WASHINGTON. EXHI or 211 DEED AND EP..^-_TMDNT IN LIEU OF CC7NeiEMNATIoN 0- DuMF A. WELLS and GERTWJD? A. WELLS, his wife, and a•^ ) VAL isA%i4, 3 single woman, hereafter referred to collectively as R^- as 'Grantors', in colsit' i °tion o`: settlement of an inverse OD FJ condemnation action in IOng County Cause No. 815176, do hereby quitclaim and conve:- to City of Tukwila, a my $ieipal corporation, Grantee, the real property and easement intcr- ent hereafter d :scr.ihtzci as Parcels A and S, situate in the County of Xing, State of Washington, including any ter-- acciuia: ed title: on the express terms and conditions as set forth herein, ac follows.: PAR; A {Street and sidewalk parcel} Grantors quitclaim and convey to Grantee the follow- ing real property for a public road, sidewalk, curbs, gutters, underground ;eater, sanitary sewers, power, gas and telephone utilities, subject to easement recorded under Auditor's Pile No. 710127-0176 and subject to easements and restrictions of record, described as £ola"ows. That portion of vacated b1oc,cs 4 to 9 inclusive and blocks 12 to 17 xncluUivc -of Gundaker's Interurban Addition •:o Seattle (Vacated), according to the plat recorded in. Volume 14 of Plats, Page 46, in King County, Washington, together with. vacated streets adjoining Which upon vacation attached to said property by operation of law, described as follows: Beginning at the intersection of the centerline of Interurban Avenue South and Southcenter Boule- vard at Washington Highway Station 127+75 on the "try -Line; thence North 34°2.7' 06" East 78. 3G feet, more or 1es t to the south line of Kennedy Street as dedicated in the plat of Gundaker's Interurban Addition to Seattle, being the true point of I% EXCISE'TAX NOT f?EQllIRlrf 1 i'{k Go. Recc, s pryion Di+puly EXHglibf211 begin nz3'cr; thence South 59'32'54° East: along said South Narg.in, 29 'feet; thence tv'arth 30°27`06" East 130 feet; thence North 59°32'54" West: 48 feet.: {.;iie:tce North 30°27'06" East 50 ft, et: thence North 59° 32' 54" • wn_zt 1.3 feet; thence South 30°27' 06" hest 150 feet to the South ?.} e of said ;;ennedy Street; hence South L 9°32'S4" East along said South ire 32 feat, :nor or less to the pO nt a; beginning. The Grantee agrees :.alat the landscaping requirc,,mhts that CP- Gr.ftee's ordinances array require, as they affect the Grantur:s' CD northwesterly paro €. of land, shall include as a part of the CD Grantoxs' landscapz.ne requirements the northwesterly two feet of said Parcel l in. computing whether Grantors have satisfied their landscaping requirements and any trees installed by the Grant�e shall be considered by Grantee in determining whether Grantors have met all or part of their landscaping. requirements. PARCEL B (Utility easement) : Grantors convey and quitclaim to Grantee a permanent easement to Grarite2 over, fonder, through and across the foIlo;vL.q real property: That portion of vacated .blocts 4 to 9 inclusive and blocks 12 to 17 inclusive of Gundaker's Interurban Addition to Seattle (Vacated) accord- ing to the Plat recorded in volume 14 of plats, Page 46, in Ring County, Washington, together with vacated streets adjoining which upon vaca- tion .yttached to said property by operation of described as follows: Beginning at the intersection of the centerline of Interurban Avenste South and Southcenter Boulevard at Washington State Highway Station I174.75 on the 2M Line; thence North 30" 275" East 78.36 feet, more or less, to the South line of Kennedy Street, as dedicated in the plat of Gundaker's interurban Addition to Seattle, being the true point of beginning; thence -south 59'32'54" Fast along said South margin 43 feet; thence North 30'27' 06" East 100 feet; thence Noxth 59°32'54" West 14 feet; thence South 30°27'06 East 100 feet to the South line of said Nennedy Street: thence Worth 59°32' 5 " West along said South line 29 feet to the point of beginning. 2 51 of 211 Said easement is a utility easiiment only, and Grantee shall have the right to install, maintain, repair and replace Londerground utilities including water, ,sanitary sewers, power: gas an0 telephone lines. No permanent structures or permanent obstructions shall be erected or suffered on said easement area by or under Grantee, and no permanent structure of equipment shall be above ground surface e:tcopt for fire hydrants or other stru.-:::.area necessary to the maintenance 'ET and operation of the u':z_ itte'z: provided, however, the above G CO ground utility structure_+ and landscaping, if any, shall not be located within Grantors' ingress and egress driveways serving Grantors' real property. f•:rnntors shall have the full right to said easement area in any ,,manner not inconsistent with Grantee's use, and to cross same with utilities necessary to serve Grantors' real property, and ::hall have access avex, through and across said easement area four ingress and egress to Grantors' real property end for Grantors' nLilities, driveways and landscaping. ' Grantee may from -time to time remove trees, bushes or other obstructions within the easement right of way and may level and grade the right of way to the extent reasonably necessary to carry out the purposes set forth above; provided, that following any such work, Grantee shall, to the e tent reasonably przeticab)e, restore the right of way to the condition it was immediately priur to such =•���lc. Grantor may undertake any nrdinary improvements to the landscaping of the right of way provided that no trees, plerits, or rather improvements, shal•1 be placed thereon which would be unreasonably expensive or impractical for Grantee to remove and restore. 3 52 of 211 Q CD o loi.ino is descri 7tl.['�n of the Grantors' dominant estatf2 .beneft.Wid by the terms, CC)I:di;lon And COVe11::.nt of this peed andEasement: The southwesterly 100 feet in width uf vacated Dlocks 4 to 9 and 12 to 17, inclusive of GUndaw.er's interurban Addition to Seattle, as per plat recorded in Volume 14 of Plats on Page 46, Records of Ring County; TOGETWER WITH v4 :b •ni n? _._Y_. ad j.^.in_.t g which upon vacation ttnchad to said prnpartu by opera- tion of love; A strip of land lying adjacent and parallel to the rertheaster1y line of the following described property: The, southwesterly 100 feet in width of vacated Blocks 4 to 9 and 12 to 17, inclusive, of Gundaker 's F.nterurbGn P.ddition is Seattle, as per plat recorded in VoluMe 14 of Plats on Page 46, Records of Xing County; TOGETHER WITH vacated streets adjoining which upon vacation attached to said property by operation of law; Said strip of land being described as follows: Beginning at Highway Engineer's Stati.an P.U.T. ( N) 127+75.0 on the 2ti-Line shown on the State Highway [lap of Primary Sate Highway Rio. 1 ref 405) Green Riaer Interchange, Sheet 2 of 4 Sheets, established by Commission Rz. No. 1192, February 19, 1962; thence northeasterly at right angles to said 2M-line to a point on the ncitheasterly boundary of the above described property; thence northwesterly along said northeasterly boundary a distance of 25 feet to the true point of beginning of this rdescriptian; thence continuing northwesterly along said aaortheaster1y boundary a distance of 100 feet-; thence northeasterly at right angles to said northeasterly boundary a distance of 50 feet; thence southeasterly parallel to and 50 feet distant from said northeasterly boundary for a distance of 2.00 fret; thence southwesterly a distancr of SO •y.,�;-: ror't o:; less, to the true point of bt ginnLn z Ail situate in the City of Tukwila, Cacnty King, State 'of Washington. rind, subject to an easement recorded under. P.uditor's Pile No. 710127-0176, e S:C•.:pting there -'from the real property conveyed to Gvantee, City of Tukwila, described as Prcel. A above_.' and subject 4 of 53 of 211 ta. q_'.aS gent c(nve Qd tr Grantee, ot T;Awila, c_w set:. o_rt az Irarce1 U above 7_n this instrument.. It is oknew:etigeCt that Grantors' real property is divided into two parceLS, one parcel being located generally northwesterly ly f SoutiiC� rater Boulevard, acid L ii_ oa.*rce~. bt.ifl Located seneraliy easter3.y of •Jauthoen+te.r DouIevard, iCrT southcen ter Joule -:Gard bang located on portions of Parcel A lr7 S2 described t•,erethµbo e, Cm7 Both of st.:-.d Grantors' parcels are referred to herein as "Grantors' property" and Grantors' property shall be benefited by the -covenants and agreements set forth herein and as made by the Grantee, City of Tukwila, which shall run with Grantors' property, and the burdens of said cove- nants and agreements shall be burdens upon Parcels A and S, the zeal property interest heretofore conveyed by Grantors to Grantee, and shall run against said land. The burdens and benefits, covenants and conditions set forth herein shall. be to the benefit_ of and binding upon the. Grantors' and Grantee's respective heirs, succeNsors and assigns, and shall be deemed benefits and burdens running with the land, for the benefit of Grantors' real property above described. The terms, conditions, benefits, detriments and cove- nE,nt_s that are expressly made a condition o = the grant of rca�l property interest by Grantors to Grantee as described in Parcels A and 3 above, are as follows: 1. The presently existing irrigation water line constructed by Grantee located on Grantors' real property located en the nart:.hest side of parcel A. above, and running parallel to Sout_hcenter Boulevard, shall be re:- Aaoated by Grantee; at Grantee's 5oJe cost: and er-pensez, 54 of 211 +lith.in 90 days of date hereof to within the area :ascribed aM Parcel A, 2. The presently existing beam and appurte- nances constructed on Grantors' real property by Grantee, Located on Grantors' property located to the northwest of Parcel n, shall by Crantee Ind reduced to the grade or Southcenter E5oule'tard within 90 days of date of this agreement. 3. Grc;7tee hereyy quitclaims and conveys to CD o? Grantors, to the extent that Grantee has any property U r_ interest in nail property, an easement for o e ingress and egress driveway for vehicular traffic no nor : than 30 feet in width 90 as to allow ingress an0+ egress on that portion of Grantors' real property situated northwesterly of South - center Boulevard to the existing Interurban Avenue which pera3,1el.s the nnrthwevi.criy nar9in of Grantors' real prop- erty situated northwesterly of 5outhcenter Boulevard, the exact location of said easement for ingress and egress cannot be ascertained as of to date hereof so long as said ingress and egress. ntsemsnt driveway is located in an area 30 feet on either side of a point on said Grantors' south- westerly boundary, to qit North 54°32'54" west, 205 feet from the inter- section of the :enterl ne of Southceriter Boule- vard and the extended said Grantors' south- westerly boundary line; provided that said easement driveway will not cross or interfere with the existing transit stop as constructed under Local Improvement District Aio Grantee agrees to the same terms and conditions set forth herein and agrees to execute such documents, instruments Mid other things necessary or proper to grant such ingress an i eyre: s easement driveway between Grantors' real prop- erty and Interurban Avenue; provided, however, Grantee is 6 55 of 211 not w:.,rrantirlg that it has any .right to grant such i.ngres5 Lir err ° r , s :rY-nt driveway to G -antorn o hut it will take no action to prevent or preclude G:r&ntore from utilizing said ingress and'egress easement ric hts which. Grantors may nave. .. Grantors shall have the right oL ingress and ogre_s from and to sa,u Grantors' zeal prope+;:ty parcels io ated generally :o3:tnile:-ter?y and southeasterly of South- K center- Bou1evarr: tot on and upon Southcenter Boulevard and C) shell have the rich t to have t.wo curb cuts 24 feet in width, CD r- for accesx to each parcel off of Southcenter Boulevard to ra[-..ve Grantors' real property located northwesterly and southeasterly of Sot,thcenter ISoulevasd, provided that said curb cu:s are not located within an area 30 feet from the northwesterly Margin of Interurban Avenue. 5. Them will be no assessment made to Grantors anparticipants in the final assessment roll of City of Tukwila Local Improvement District No. 25. Grantors shall pay such other standard charges for water and sewed as are charged against property owners for use of such improvements and services when requested, including hut not limited to regular and special connection charges as set forth j Chapters 14.04 and 14.16 of the Tukwila Munacip1 Code. 6, Grantee agrees that left turns will be per- mitted and authorized by Grantee so that veh5.cu'lar traffic using Southcentcr Boulevard can turn left onto Grantors' real property located .northwesterly of Souc center Boule- vard and southeasterly of Southcenter Boulevard; provided, that the ;.eft turn lane will not be located within 153.36 feet. port 34°26'6" east of the intersection of the center- lines of Southcenter Boulevard and Interurban Avenue South. 56 of 211 W . ..a condition of this grant that Grantee will continue to allot, said left turns to said r:,Gporr,:y an] shall not i,rf orm, authorize or suffer any act that would preclude the making of ieft turns to Granters' real. property WLaf South - canter ilculevarr1, a._ r.ci ied., and no hang• divider or other di ride, s cr channne installed on Scut: enter 5ouie_- yard that would t kent or inTede the iflow of vehicular or pedestrian traffic in making left turns onto Grantors' real property or the free flow of traffic and/or pedestrians between Grantors' property located northwesterly of South- cent..2 FolA,Lc_vi) e i.o the southeasterly portion. or t: rrar the southeasterly portion of Grantors' property to the north- westerly portion, provided, that lane di.videz•s and/or curb car be installed within 151.3E feet north 3i7°26 6 east of the intersection of the centerlines of SOUthCCnter Bouhhv c1 and Interurban Avenue South Grantee will allow a. variance, if required, for the location of :a curb et"z for ingress and egress driveway an Grantors' southeaster)<, parcel adjacent tc Grantors' northeasterly property lane. This DEAD AND EASEMENT IN LIEU OP CONDEMNATION and the .gr'eements, terms, conditions and covenants contained herein have been entered into between the parties pursuant to the Findings of Fact and Conclusions of Law aad Approval of Settlement heretofore or concurrently entered in Xing ,:aunty Superior Court Cause to. 315176, and the terms, condil.o,ns and covenants hereof- shall be .�unsL-rued liberally to effectuate the intentions and purposes of the parties expressed herein. as 57 of 211 Ths.s instillment is executed and agreed to by and be- tween the parties this 1Dth day of June, 19)7. AGREEi'i AND ACG.EPTEL •CITY OF TOFWILA, WP.SHINGTON / /J APC6 3 Edga! D. Bauch, Mayor AT'TBST": Mal:i_ne Anderson, City Clerk STATE OP WAS IRGTO ) ss. County of, Ding GERTRODE A . SELLS VAT, Eiw11?, a single woman GRANTORS On this day personally appeared before me DUANE A. WELLS and GERTRUDE A. WELLS, husband and wife, to the known to be the individuals described in and who executed the within and foregoing instrument and acknowledged to me that they signed the sauce as their own free act and deed for the uses and purposes .described therein. GIVEN UNDER rsy hand add seal this•.�. day of June, r4: C7'ARY PUBLIC. z • d or t--.11( �'.S of Washington, residing at -41t 0e STATE of i-7ASHSNGTOU ) ss. County ❑f• itiing On this day personally appeared before me VAL BARN, to me known to he the individual described in and who executed 58 of 211 mucv8onEnvelope ID: 2492hDr4-OFF44u0D-B10E-8o03042A4E10 �ity ��������� Tukwila '`. Department of Community Development ~Jack Pace, Director STATE ENVIRONMENTAL POLICY ACT Revised Determination ofyJonS' nUOcanme (DNS) Issued October 2, 2018 Lead agency: City ofTukwila Agency Contact: Max Baker. K4ax8aker@Tukvvi|aWA.Kov,ZOG'4]l'368] Agency File Number: ElO-O003 ATTACHMENT F AAflamEkberg, Mayor Description of Proposal: The current proposal is to develop the site with a two-story medical office building and associated parking. The building is approximately 14,700 sftota| on two levels, with a rectangular footprint on a 1.14 acre site. The scope of the proposed project includes all necessary fill and grade and shell construction along with landscaping, utility, frontage improvements and surface parking for 39vehicles. Location ofProposal: 67OOFort Dent Way, APNIBS49OO42O Applicant: Aso]af[ Craft Architects, aso@craftarchitectsznrn, 206'720-7001 The City of Tukwila has revised its SEPA threshold determination of NonSignificance issued on September 17,ZO18inconsideration nfthe following changes: ~ Submittal of Memorandum from Soundview Consultants LLC outlining arrangement to provide onsite replacement of 35 native trees to be removed within 150' of the Ordinary High Water Mark of the Green River as part of project development. |fonsite replacement is not feasible the applicant will work with the City to come up with a tree replacement plan on a potential site in the Critical Shade Area identified in King County's Green River SWIF Current Conditions Report Aquatic, Floodplain, and Riparian Habitat Technical Memorandum (King County and Nornnandeau /2014\. |feither nnSite replacement oroff site replacement isnot feasible the applicant shall pay into the Cit/s tree replacement fund. Replacement trees will include a combination of native deciduous and coniferous trees to provide for rapid replacement of Shade area that may be lost as a result of tree removal. The City of Tukwila has reaffirmed that this proposal will not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required This determination is based on the findings and conclusions included in the staff report dated September 14`2Ol8and the additional findings noted below: w This 2011 Green River Temperature TMDL quality improvement report documents the temperature TMDL study and proposes an implementation strategy for improving temperature in the Middle and Lower Green River below Howard Hanson Dann. 7okwila CityHo0 ° 6200 Southcenter Boulevard ° Tukwila, IVA 98168 ^ " wKobsitcc7ukw8oNA.9mv oocvSignEnvelope ID: z4ezno74-OFr4-4000-B1oF-nooao4zA4Elo B8-0003Revised DNS 10/2/2018 Z Modeling and data analysis determined that portions of the Green River exhibit unhealthy and sometimes lethal temperatures for salmonids and fail to consistently meet state water quality standards. A45 meter (approximately 150fnnt) riparian buffer was established for the analysis; it was found that establishing and improving mature riparian vegetation for shade along the middle and lower Green River and on the tributaries to the river would work to improve stream temperatures and increase the stream's oxygen -carrying capacity. • The Muckleshoot Indian Tribe posited that the applicant should provide additional mitigation for the removal of native trees from the 150 foot effective shading zone. This mitigation should be additional trees planted elsewhere along the Green River in Tukwila, along another critical shade location. The Tribe understands that Tukwila has a tree mitigation program which the applicant could contribute to asdescribed toaddress this mitigation need. • The King County River and Floodplain Management (KCRFM) section noted that the original planting plan indicated that mostly conifers will be planted close tothe river. Although native trees, conifers are very slow -growing so won't provide substantial river shade for many decades. KCRFK4 suggested adding fast-growing native deciduous trees to the planting plan, such as black cottonwood (Populus trichocarpa), red alder (Alnus rubra), big|eafnnap|e (Acer nnacrophy||unn), paper birch (Betu|us papyrifera), and Oregon Ash (Fraxinus latifolia) near the OHWM to start providing critical shade to the river much earlier. It was also noted that non-native tree species were to be installed within 200' of the OHWM within the High Impact Zone of the Shoreline Jursidiction, but due to the property's vesting to the 2008 Tukwila Municipal Code through a Development Agreement put in place by Ordinance 2343, there is no regulation prohibiting the installation of non-native trees outside of the River and Low -Impact Environments. • Three options for l:ltree replacement were identified: • Option l: Provide replacement for 35trees Onsite at 8 l:l replacement ratio within 15O'ofthe 0HVVM. o Option 2: Provide replacement trees for any additional trees not able to be accommodated onsite at a 1:1 ratio within another section of the Green River identified as a Critical Shade area by King County's Green River SWIF Current Conditions Report Aquatic, F|oodp|ain,and Riparian Habitat Technical Memorandum (King County and Nnrnnandeau(Z0l4). o Option 3: Payment into the City of Tukwila's Tree Fund for any additional trees not able to be accommodated onsite or within another Critical Shade area of the Green River at a replacement ration of 1:1. The 2018 tree replacement fund fee isset at$lZ4per tree. � The applicant agrees to provide all mitigation plantings nnsite within the 150'frorn (]HVVM area at the Oty's requested 1:1 replacement ratio. |fonsite replacement is not feasible the applicant will work with the City to come up with a tree replacement plan on a potential site in the Critical Shade Area identified in the King County's Green River SWIF Current Conditions Report Aquatic, Floodplain, and Riparian Habitat Technical Memorandum (King oocvSignEnvelope ID: z4ezno74-OFr4-4000-B1oF-nooao4zA4Elo B8-0003Revised DNS 10/2/2018 3 County and Nornoandeau(Z0l4).|feither onsitereplacement oroff site replacement isnot feasible the applicant shall pay into the Cit/stree replacement fund. Replacement trees will include a combination of native deciduous and coniferous trees to provide for rapid replacement of shade area that may be lost as a result of tree removal. (Attachment A: Memorandum from 5OundvievvConsultants LL(, September Z8,ZOl8).The applicant is committed to success of the native replacement plantings, and as such, maintenance and monitoring will be required for five years beginning at year zero when the plantings are installed. Abrief monitoring summary will beprepared bythe applicant and submitted to the City yearly following the yearly monitoring event. This "modified" DNS is issued under WAC 197-11-340(2)(f) and does not include additional notice and comment. Jack Pace, Responsible Official City ofTukwila 6]O0SouthcenterBlvd. Tukwila, VVA9818O 206'431'3670 10/2/2018 3:43:49 PM PDT Date The decision is appealable to the Superior Court pursuant to the Judicial Review of Land Use Decisions, Revised Code of Washington (RCW 36.70C). Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time period to appeal the governmental action that is subject to environmental review. /RCVV43.2l[.O75\ [c: Aso ]affCraft Architects ]on Pickett, 5oundvievvConsultants LL[ Karen Walter, Muck|eshontIndian Tribe Fatin Kara, King County River and F|oodp|ain Management Section Fort Dent Real Estate, Owner Occupant, l5lSZ65 m Ave 3,Suite OI4`Tukwila, \NA981D8 State Department ofEcology, 5EPADivision King County Assessor 62 of 211 oocvSignEnvelope ID: CE62E241'2391'45oB-97Ce-9Cp3e6589C37 ATTACHMENT G Allan Ekberg, Mayor �Department °~~Community Development _ Jack Pace, Director � . NOTICE OFDECISION SPECIAL PERMISSIONS PERMIT October 2, 2018 TO: Aso ]af[Craft Architects ]on Pickett, SoundvievvConsultants LL[ Karen Walter, Muck|eshoot Indian Tribe Fatin Kara, King County River and F|oodp|ain Management Section Fort Dent Real Estate, Owner Occupant, 15152 65th Ave 5, Suite D24,Tukwila, VVA9Dl8A State Department ofEcology, 3EPAOivision King County Assessor This letter serves as a notice of decision and is issued pursuant to TIVIC 18.104.170 on the following project and permit approval. 1. PROJECT INFORMATION PROJECT NUMBER: FILE NUMBER: PLl8'OOO8 Ll8'UOl3Special Permission — Sensitive Area ASSOCIATED FILE NUMBERS: Ll8'U011Shoreline Substantial Development Permit L18'0012 Design Review — Public Hearing E18-00035EPA APPLICANT: Aso Jaff, Craft Architects obo King Lasik REQUEST: Special Permission — Sensitive Areas to allow for compensatory mitigation for the fill ofawetland tobeprovided through purchasing credits from the King County (KC) Mitigation Reserves Program (K4RP),afederally approved In -Lieu FeeULF\ program. LOCATION: 67OOFort Dent Way, APN295490O42O COMPREHENSIVE PLAN AND ZONING DESIGNATION: Regional Commercial Mixed -Use (RCM) Tukwila City Hall #i6, Southeenter Boulevard * Tukwila, WA 98188~ °° oocvSignEnvelope ID: CE62E241'2391'45oB-97Ce-9Cp3e6589C37 L18-001lKing LasikShoreline Substantial Development Permit 5R 10/2/2018 2 N' DECISION SEPADetenninotinn: A Determination of NonSignificance (DNS) was issued by the City of Tukwila on September 17, 2018. A revised Determination of NonSignificance was sent to agencies with jurisdiction and parties ofrecord on OctoberI, ZOlRfoUnvxing receipt ofmitigation revisions from the applicant. Decision nnSubstantive Permit: The City Community Development Director has determined that the application for a Special Permission — Sensitive Areas Permit does comply with applicable City and state code requirements and has approved that application based on the findings and conclusions contained in the staff report, subject tothe following conditions: l. Applicant shall obtain from the In -Lieu Fee (|LF) sponsor, documentation ofthe completed |LF transaction in the form of a statement of sale. Applicant shall submit a copy of the statement of sale to the City of Tukwila prior to performing any work authorized by this or any other permit associated with this project. III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related tothis project nnaysti|lbopending. No administrative appeal of a DNS or an EIS is permitted. One administrative appeal to the hearing Examiner ofthe Decision onthe Permit itself ispermitted. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner decision. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14- daysoftheissuanceofthisDecision,thatisbyOctober16, 2018. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: l. The name ofthe appealing party. I. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized toreceive notices onthe appealing party'sbehalf. . A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge toanMON5. oocvSignEnvelope ID: CE62E241'2391'45oB-97Ce-9Cp3e6589C37 L18-001lKing LasikShoreline Substantial Development Permit 5R 10/2/2018 ] 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law inthe decision being appealed; (b) the harm suffered oranticipated bythe appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice nfAppeal. 5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition all hearing examiner costs will bepassed through tothe appellant. V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Hearing Examiner based on the testimony and documentary evidence presented at the open record hearing. The Hearing Examiner decision on the appeal is the City's final decision. Any party wishing to challenge the Hearing Examiner decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Hearing Examiner decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. The City's decision to issue a DNS, an MDNS or an EIS is final for this permit and any other pending permit applications for the development of the subject property. VI. INSPECTION OFINFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the Shoreline Substantial Development Permit are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between O:3Oa.nn.and 5:OOp.nn.The project p|annerisMax8aker,vvhonoaybecontactedat2O6' 431'3583forfurtherinfornnation. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. The notice board must be removed at the expiration of the appeal period unless an appeal isfiled. 10/2/2018 3:46:27 PM PDT Jack Pace, Director Department ofCommunity Development 66 of 211 oocvSignEnvelope ID: ppnoane1'o1ox-4C44emon-3oCoaEEoonoe ATTACHMENT H Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director NOTICE OFDECISION SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT October 2, 2018 TO: Aso ]af[Craft Architects ]on Pickett, SoundvievvConsultants LLC Karen Walter, Muck|eshootIndian Tribe Fatin Kara, King County River and F|oodp|ain Management Section Fort Dent Real Estate, Owner Occupant, 15152 65thAve S, Suite D24,Tukwila, VVA9OlO8 State Department ofEcology, SEPAOivision King County Assessor This letter serves as a notice of decision and is issued pursuant to TIVIC 18.104.170 on the following project and permit approval. PROJECT NUMBER: FILE NUMBER: [ PROJECT INFORMATION PLl8'OOO8 Ll8-0011Shoreline Substantial Development Permit ASSOCIATED FILE NUMBERS: Ll8'OOlZDesign Review - Public Hearing LlO'00l3Special Permission - Sensitive Area APPLICANT: Aso Jaff, Craft Architects obo King Lasik REQUEST: AShoreline Substantial Development Permit isrequested for construction of two-story, 14,700 sfstructure and associated parking within the shoreline environment. LOCATION: 6700 Fort Dent Way, APN 2954900420 COMPREHENSIVE PLAN AND ZONING DESIGNATION: Regional Commercial Mixed -Use (NCM) Tukwila City Holt * 6 � �4 ""� DocuSign Envelope ID: FF9835B1-313A-4C44-B056-3DC03EEB650B L18-0011 King Lasik Shoreline Substantial Development Permit SR 10/2/2018 2 II. DECISION SEPA Determination: A Determination of NonSignificance (DNS) was issued by the City of Tukwila on September 17, 2018. A revised Determination of NonSignificance was sent to agencies with jurisdiction and parties of record on October 2, 2018 following receipt of mitigation revisions from the applicant. Decision on Substantive Permit: The City Community Development Director has determined that the application for a Shoreline Substantial Development Permit does comply with applicable City and state code requirements and has approved that application based on the findings and conclusions contained in the staff report. The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other Federal, State or local statues, ordinances or regulations applicable to this project, but not inconsistent with the Shoreline Management Act (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW 90.58.140(8) in the event the permittee fails to comply with the project as approved and any conditions thereof. CONSTRUCTION PURSUANT TO THIS PERMIT MAY NOT BEGIN AND IS NOT AUTHORIZED UNTIL TWENTY-ONE (21) DAYS FROM THE DATE OF RECEIPT WITH THE DEPARTMENT OF ECOLOGY AS DEFINED IN RCW 90.58.140(6) AND WAC 173-14-090, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN TWENTY-ONE (21) DAYS FROM THE DATE OF SUCH FILING HAVE TERMINATED; EXCEPT AS PROVIDED IN RCW 90.58.140(5)(a)(b)(c). Construction must begin within 2 years from the effective date of the permit and be substantially completed within 5 years of the effective date of the permit. The effective date of a substantial development permit shall be the date of receipt as provided in RCW 90.58.140(6). III. YOUR APPEAL RIGHTS One administrative appeal to the Shorelines Hearings Board of the Decision is permitted. Any person appealing to the Shorelines Hearings Board may raise certain SEPA issues as part of the appeal to the Shorelines Hearings Board. Appellants should consult the rules and procedures of the Shorelines Hearings Board for details. IV. PROCEDURES AND TIME FOR APPEALING The requirements and procedures for appeals to the Shorelines Hearings Board are set forth in RCW 90.58 and WAC 461.08. Pursuant to RCW 90.58.180 the decision by the City of Tukwila to issue this Shoreline Substantial Development Permit may only be appealed to the Shoreline Hearings Board. 68 of 211 oocvSignEnvelope ID: ppnoane1'o1ox-4C44emon-3oCoaEEoonoe L18-001lKing LasikShoreline Substantial Development Permit 5R 10/2/2018 ] Appeals must be filed with the Shoreline Hearings Board within 21-days from the filing of this permit with the Department OfEcology asdefined in R[\N9O.58.l4O. For more detailed information On appeals, refer toR[VV9O.5Oand VVAC461.O8. V. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the Shoreline Substantial Development Permit one available for inspection atthe Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between D:3Oa.rn.and 5:OOp.nn.The project p|annerisK4axBaker,xvhornaybecontactedatZO6' 431'3683forfurtherinfornnation. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. The notice board must be removed at the expiration of the appeal period unless an appeal isfiled. 101212018 3:56:16 PM PDT Jack Pace, Director Department ofCommunity Development