PORT OF SEATTLE
MEMORANDUM
COMMISSION AGENDA
Item No.
6d
Date of Meeting
June 23, 2009
DATE: May 19, 2009
TO: Tay Yoshitani, Chief Executive Officer
FROM: James R. Schone, Director, Aviation Business Development
Jude P. Barrett, Manager, Acquisitions and Relocation
SUBJECT: Acquisition by purchase and/or condemnation of real property at 14211 Des
Moines Memorial Drive South in Burien (Resolution No. 3623, First Reading)
ACTION REQUESTED: First Reading of Resolution No. 3623, providing for acquisition by
purchase and/or condemnation of certain real property located at 14211 Des Moines Memorial
Drive South, (King County Tax ID Number 172304-9219), in the City of Burien, Washington.
LEGAL AUTHORITY: Certain areas around airports experience airport noise. Under federal
land use compatibility guidelines, residences are generally not compatible with noise levels
measured in day-night sound levels of 65 decibels or greater. To reduce or eliminate
incompatible uses, an airport may acquire property that falls within the 65 decibel Day Night
Limit and convert it to a zoning that is more compatible with airport operations. Under RCW
14.08.030, such acquisition would be for an airport purpose. The Port of Seattle is authorized by
the State Legislature to acquire property by purchase or through condemnation for airport
purposes.
BACKGROUND/SYNOPSIS: The Environmental Impact Statement (EIS) for the Third
Runway Master Plan update and the latest Federal Aviation Regulation (FAR) Part 150 Noise
and Land Use Compatibility Study called for residential acquisition in Burien’s Northeast
Redevelopment Area (NERA) due to airport noise and operational impacts associated with the
Third Runway. Port staff, in cooperation with Burien planning staff and the Federal Aviation
Administration (FAA), developed an acquisition boundary for the North Burien Approach
Transition Zone (ATZ) buy-out area based on the following acquisition/relocation criteria:
• Residential parcels within the 65 decibel Day Night Limit noise contour.
• Residential parcels within the North ATZ.
• Residential parcels within natural boundaries that preserve and support neighborhood
integrity, including streets and physical boundaries.
COMMISSION AGENDA
Tay Yoshitani, Chief Executive Officer
May 19, 2009
Page 2
Seventy-two residential parcels (Parcels) met the acquisition/relocation criteria and were
identified as eligible for federal funds. The real property at 14211 Des Moines Memorial Drive
South (see Exhibit A) is comprised of land and improvements including a 16-unit residential
apartment building called Sun Villas (Property). The Property is one of the Parcels that meet the
acquisition/relocation criteria and lie within the boundary of the North Burien ATZ buy-out area.
The owner of the property is Sandra Oellien. Ms. Oellien has been aware of the Port’s need to
acquire noise impacted residential properties, including her Property since at least March 2008.
On December 12, 2008, the Port presented Ms. Oellien with a written offer to purchase the
property for its fair market value, based on an appraisal. Along with the offer, Ms. Oellien was
provided with a copy of the appraisal as well as notice that the Port would reimburse her up to
$750 for actual and reasonable costs incurred to evaluate the Port’s offer. More than five months
have passed without a response to the Port’s offer. Negotiations have stalled without agreement
on the purchase price. Commission’s authorization to condemn may facilitate negotiations. If
negotiations fail, the Port would have authority to initiate condemnation proceedings without
further delay.
FINANCIAL IMPLICATIONS/SOURCE OF FUNDS
The costs associated with acquiring this Property (Project) is included in the 2009-2013 Capital
Budget and Plan of Finance under Capital Improvement Project (CIP) number C200015 (Third
Runway Overflights Acquisition). This Project is eligible for federal funding by Airport
Improvement Program (AIP) grants, which will reimburse eighty percent of eligible costs such as
acquisition, relocation and demolition. The funding plan for this Project includes a combination
of federal grants, passenger facility charges and revenue bonds.
PROJECT COST BREAKDOWN
Fair Market Value
$1,000,000
Estimated Tenant Relocation Cost
$94,250
Administrative/Overhead Costs
$20,000
Total
$1,114,250*
* Previously budgeted and authorized under the Third Runway capital project.
COMMISSION AGENDA
Tay Yoshitani, Chief Executive Officer
May 19, 2009
Page 3
KEY DATES:
September 28, 2005
March 12, 2008
March 20, 2008
August 12, 2008
December 12, 2008
January 29, 2009
February 17, 2009
STRATEGIES AND OBJECTIVES
This Project supports the Port’s strategy to “Ensure Airport and Seaport Vitality”.
ALTERNATIVES CONSIDERED/RECOMMENDED ACTION
Do not acquire. Existing residential property and its occupants would continue to be exposed to
aircraft noise and effects of the Third Runway. This is contrary to the runway Master Plan
Update and recommendations of the EIS. This is not the recommended alternative.
Acquire by purchase and/or condemnation. This would be in compliance with FAA regulations
and recommendations of the EIS. This is the recommended alternative.
PREVIOUS COMMISSION ACTION
Resolution No. 2943, As Amended, adopted January 8, 1985 – Created the first Seattle-
Tacoma International Airport Part 150 program, which authorized outright acquisition of
all incompatible land uses.
Resolution No. 3212, As Amended, adopted August 1, 1996 – After further review and
after receiving public input during the Part 150 study, this Resolution adopted a Master
Plan Update for the Airport that identified the potential for mitigation action involving
the acquisition of residential parcels in the Third Runway Approach Transition Zones.
Resolution No. 3125, adopted December 31, 1997 – Committed to a number of
mitigation actions, including acquisition and relocation of homes in the North Approach
Transit Zone.
COMMISSION AGENDA
Tay Yoshitani, Chief Executive Officer
May 19, 2009
Page 4
Resolution No. 3443, adopted December 12, 2000 – Amended the Port’s FAR Part 150
program to require a plan for acquisition and relocation of residential properties in the
Third Runway North and South Approach Transit Zones and acquisition and relocation of
mobile/manufactured home parks within the 1998 70 DNL noise contour.
On July 25, 2006, the Commission authorized the Managing Director of the Aviation
Division and the Manager of Acquisitions to execute all documents necessary to
implement the acquisition of 13 residential properties located within the City of Burien’s
2010 65 Day-Night Level noise contour and North Approach Transition Zone boundaries
and relocate the occupants of said properties.
The Commission authorized the expenditure of funds for acquisition of the subject
Property when it approved the 2006-2010 Capital Budget and Plan of Finance under
CIP#200015.