IN THE MATTER OF THE PETITION OF SEATTLE PUBLIC UTILITY FOR THE VACATION OF A PORTION OF 2ND AVENUE SOUTH AND SOUTH CHICAGO STREET

CLERK FILE 310784

The City Council hereby grants approval of the petition of Seattle Public Utilities (hereafter SPU or Petitioner) for the vacation of a portion of 2nd Avenue S and South Chicago Street in the South Park neighborhood, described as:

* 2nd Avenue South, from the north margin of South Kenyon Street to the southwest margin of State Route 99 also known as West Marginal Way South; and

* South Chicago Street, from the east margin of 2nd Avenue South to the southwest margin of State Route 99.

The area proposed for vacation includes approximately 20,000 square feet of right-of-way.

The vacation is granted upon the Petitioner meeting the following conditions. The Petitioner shall demonstrate, to the satisfaction of the City, that all conditions imposed by the City Council have been satisfied, all fees paid, all utility agreements completed, and all documentation completed and recorded as necessary, prior to the passage of the street vacation ordinance.

1. The vacation is granted to allow the Petitioner to build a project substantially in conformity with the project presented to the City Council and for no other purpose. The project must be substantially in conformity with the proposal reviewed by the Transportation Committee in September of 2010.

2. All street improvements shall be designed to City standards and be reviewed and approved by the Seattle Department of Transportation; elements of the street improvement plan and required street improvements to be reviewed include:

* Driveway access on S Kenyon Street;

* Signage, lighting and landscaping around the site;

* Sidewalk or pathway on S Kenyon Street; and

* Pathway long West Marginal Way S and 5th Avenue S.

3. The utility issues shall be resolved to the full satisfaction of the affected utility prior to the approval of the final vacation ordinance. Prior to the commencement of any development activity on the site, the Petitioner shall work with the affected utilities and provide for the protection of the utility facilities. This may include easements, restrictive covenants, relocation agreements, or acquisition of the utilities, which shall be at the sole expense of the Petitioner. Utilities impacted include:

* Seattle Public Utilities;

* King County Wastewater Division; and

* Puget Sound Energy.

4. It is expected that development activity will commence within 18 months of this approval and the development activity will be completed within five years. If the vacation cannot be completed within five years, the Petitioner must request an extension of time from the Transportation Committee. In order to insure timely compliance with the conditions imposed by the City Council, the Petitioner shall provide the Seattle Department of Transportation with Quarterly Reports, following Council approval of the vacation, providing an update on the development activity, schedule, and progress on meeting the conditions. The Petitioner shall not request or be issued a Final Certificate of Occupancy (C of O) for the project until SDOT has determined that all conditions have been satisfied and all fees have been paid.

5. In addition to the conditions imposed through the vacation process, the project, as it proceeds through the permitting process, is subject to SEPA review and to conditioning pursuant to various City codes and through regulatory review processes including SEPA.

6. The Petitioner shall develop and maintain the public benefit elements as defined by the City Council. A Property Use and Development Agreement (PUDA) or other binding mechanism shall be required to ensure that the public benefit elements remain open and accessible to the public and to outline future maintenance obligations of the improvements. The final design of the public benefit elements shall require the review and approval of SDOT and SDOT may request additional review by the Design Commission, if necessary. The public benefit requirement includes the following features as well as corresponding development standards, including specific dimensions, which shall be outlined in the PUDA:

The public benefit proposal includes:

* Public viewing area: a viewing room shall be developed to provide the public with an opportunity to view the solid waste transfer operations, the viewing room shall be approximately 675 square feet with a 35-foot wide floor to ceiling viewing window to the tipping floor. A circulation area of approximately 122 square feet supports access to the viewing area. SPU will provide education signage and materials, tours, or programs to support the public understanding of waste impacts and opportunities to reducing or recycling waste.

* Directional signage to the facility and within the facility: such signage shall be beyond code standards in quantity and material and design quality.

* Sidewalks on the north side of S Kenyon Street: this sidewalk is not required by code but shall be provided to support pedestrian use and provide a finished edge to the site. A pedestrian path may be provided, as determined by SDOT, if a sidewalk cannot be practically installed due to drainage issues.

* Public path along W Marginal Way: a path shall be developed east of the building site, the length of W Marginal Way that meanders 10 to 40 feet from the edge of the roadway in a vegetated swath. In addition, the pathway will be extended during the second phase of development. A sidewalk or path shall be developed along the west side of 5th Avenue S along the perimeter of the solid waste facility when the second phase of work occurs at the site of the current facility.

* Landscaping beyond code: significantly more trees and other plants than the buffering vegetation required in the zone shall be provided. The landscaping plan shall be provided consistent with the presentation made to the Design Commission on June 17, 2010.

* Perimeter design: SPU shall design the perimeter of the station in such a way so as to discourage the opportunities for illegal dumping on the site. Fencing, access controls, pathways and landscaping may be utilized.

SPU has also voluntarily proposes the following additions to its construction contracts and initial operations based on its community commitments:

* Outreach and employment: SPU shall include in its construction contracts language requiring outreach and providing that the South Park community has the first opportunity for construction positions at the new facility.

* Business opportunities: SPU will pursue the development of a business alliance to link the facility to material reuse opportunities and supports local businesses and encourages commerce around the facility to the extent that this is consistent with SPU's core mission.

* Minimize garbage truck traffic: SPU will prohibit haulers in garbage trucks under contract with SPU from using non-arterial streets unless they are collecting on those streets.

* Litter patrols: SPU will provide weekly foot patrols in areas to be identified and weekly drive-by patrols in areas to be identified to clean up litter and illegal dumping. Monthly sweeping routes will also be identified.

Signed by me in open session this ______day of September, 2010.

President ________________________of the City Council

2nd Avenue S and S Chicago Street SPU Transfer Station Vacation Conditions September 28, 2010 Page 2 of 3