Westmark Emerald Pointe Property

City Monitors Work on Westmark Emerald Pointe Property
Posted on 10/15/2019
Photo of Westmark Emerald Pointe property on October 14 2019.

The City will update this page as more information becomes available.

October 31, 2019, 1:45 p.m.

Residents may notice some machines working on the project site beginning today and continuing for the next two days. The City of Burien’s stormwater inspector and the contractor have agreed to a plan to reduce runoff and prevent soil erosion. Work on the plan begins today. Some of the work will involving moving some of the downed trees and brush piles, installing straw wattles, re-installing some of the silt fencing and other measures. City staff will continue to visit the sight over the coming months.

Additionally two trees that were identified as potential hazards will be removed from the property. One tree is an alder located near the path that leads into the park; the other is a fir tree on the north side of the property.

October 21, 2019, 4:30 p.m.

The contractor has identified all the trees on the property that are set to be retained using blue flags. Burien City staff will meet with the contractor on October 22, 2019 to discuss soil erosion control measures in addition to the silt fence that is currently on-site. The contractor will be working at the site on Wednesday. Additionally, the contractor plans to remove two hazard trees that have the potential to fall. These trees are currently marked with yellow caution tape.

Tree and blue flag marker.

Photo taken October 16, 2019 by Touma Engineering. 

October 15, 2019, 12:15 p.m.

One of the conditions of the clearing and grading permit is that substantial amount of work under their submitted construction schedule be completed before the permit expires. Building Official made a determination on October 15, 2019 that substantial work as required under the permit had not been completed. Substantial work had to be completed under the clearing and grading permit to prevent the permit from expiring.

The Building Official issued a stop work order at 11:15 a.m. on October 15, 2019. The stop work order prevents any further activity on the site, except in order to stabilize the site for erosion control.

There were certain measures the company was directed to take from the hearing examiner stipulation and decision issued on September 13, 2013. The City is working with the contractor to ensure the site is stabilized in advance of the rainy season for the protection of the wetlands and stream. The City is also requiring that the contractor mark immediately trees that are to be retained.

Stop work order posted on chain link fence next to sign that reads Emerald Pointe Apartments Coming Soon.

October 15, 2019, 10:00 a.m.

Prior to the City of Burien’s 1993 incorporation, Westmark Emerald Pointe LLC submitted permits to King County to build multiple multifamily development buildings for a property on 1300 SW 136th St., bordering Seahurst Park. The permit applications were transferred to the City of Burien when the city incorporated in 1993. Soon after incorporation, the permits became a topic of litigation. There have been a number of appeals, hearings, and SEPA determinations being adjudicated and challenged. In 2016, the City of Burien issued seven permits to Westmark Emerald Pointe LLC: one for clearing and grading, five for building permits, and one shoring permit. They were given a one-year extension in 2018.

During the week of October 7, 2019, Westmark Emerald Pointe LLC began clearing and grading under a valid clearing and grading permit. 

City staff are monitoring the contractor’s compliance with the 2013 hearing examiner’s conditions, which includes among other things erosion control, planting, and revegetation. The clearing and grading permit includes an erosion and sediment control plan and City staff will be monitoring for compliance. 

Questions? Please contact Susan McLain, Community Development Director, City of Burien, susanm@burienwa.gov.

Photo caption: Photo of the work site taken by City staff on October 14, 2019.