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HomeMy WebLinkAboutPermit 87-01-R - CITY OF TUKWILA / CITY OF RENTON - BOUNDARY EXCHANGE REZONE87-01-R TUKWILA EASTERN BOUNDARY SOUTH 180TH STREET I-405 RENTON TUKWILA BOUNDARY EXCHANGE REZONE ZONING CODE AMENDMENT COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN BOUNDARY EXCHANGE REZONE COMPREHENSIVE LAND USE PLAN AMENDMENT COMPREHENSIVE PLAN AMENDMENT 04/30/87 TUK000140 CITY OF TUKWILA WASHINGTON ORDINANCE NO. /` / y AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY ADOPTED BY SECTION 18.08.030 OF TUKWILA MUNICIPAL CODE BY ESTABLISHING ZONING CLASSIFICATIONS ON TWO PARCELS OF PROPERTY RECENTLY ANNEXED TO THE CITY COLLECTIVELY AS PART OF A RECIPROCAL ANNEXATION WITH THE CITY OF RENTON, AND AMENDING THE BUILDING HEIGHT EXCEPTION AREA SHOWN ON MAP 2 ADOPTED BY SECTION 18.50.050 OF THE TUKWILA MUNICIPAL CODE. WHEREAS, pursuant to RCW 35.10.217 and Resolution No. 1029 of the City of the Tukwila, passed by the City Council on January 5, 1987, the City of Tukwila annexed three non - contiguous parcels of property from the City of Renton as part of a reciprocal annexation with Renton to straighten out an irregular boundary between the two cities, and WHEREAS, the Tukwila Planning ComAission held a public hearing to consider the establishment of city zoning classifications for the property and on March 26, 1987 adopted findings, conclusions and a recommendation regarding zoning which was forwarded to the Tukwila City Council, and WHEREAS, the Tukwila City Council held a public hearing on May 4, 1987, at which all who were present were allowed to speak regarding the proposed final zoning classifications for the three parcels, and WHEREAS, on the basis of the testimony taken at the public hearing and the evidence received by the City Council, the City Council adopted findings and conclusions and determined to establish City zoning classifications for two of the three parcels as provided for herein and determined to defer a decision on the zoning of the southern most of the three parcels pending consideration of a amendment to the M -1 zone to allow ink manufacturing, and 1 TUK000140 WHEREAS, the City's SEPA.Responsible Official has issued a Determination of Nonsignificance (DNS) for the proposed classifications, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Zoning Established. The Official Zoning Map of the City of Tukwila, Washington, adopted by Section 18.08.030 of the Tukwila Municipal Code is hereby amended to establish zoning classifications of R -A (Agricultural), C -2 (Regional Retail) and M -1 (Light Industry) for two of the three parcels annexed to the City by Resolution No. 1029 as shown on the map attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full. Section 2. Building Height Exception Area. The Building height Exception Area for heights greater than 115 feet and Map 2 adopted as part of Section 18.50.050 of the Tukwila Municipal Code are hereby amended to be as shown on Exhibit B attached hereto and incorporated herein by this reference as if set forth in full. Section 3. Duties of Planning Director. The Planning Director is hereby directed to make the necessary amendments to the official zoning map and building height exception area map of the City of Tukwila authorized herein. Section 4. Effective Date. This ordinance shall take effect and be in full force five (5) days after publication of the attached summary which is hereby approved. 2 0042.010.0 JEH /imm 04/30/87 SUMMARY OF ORDINANCE NO. /4/ 9 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY ADOPTED BY SECTION 18.08.030 OF TUKWILA MUNICIPAL CODE BY ESTABLISHING ZONING CLASSIFICATIONS ON TWO PARCELS OF PROPERTY RECENTLY ANNEXED TO THE CITY COLLECTIVELY AS PART OF A RECIPROCAL ANNEXATION WITH THE CITY OF RENTON, AND AMENDING THE BUILDING HEIGHT EXCEPTION AREA SHOWN ON MAP 2 ADOPTED BY SECTION 18.50.050 OF THE TUKWILA MUNICIPAL CODE. On p4i l 1/ , 1987, the City Council of the City of Tukwila passed Ordinance No. /44.24/ which provides as follows: Section 1. Establishes zoning classifications of R -A, C -2, and M -1 for two of three areas recently annexed to the City by Resolution No. 1029 as shown on Exhibit A to this Summary. Section 2. Amends the building height exception area shown on Map to adopted by Section 18.50.040 of the Tukwila Municipal Code to be as shown on Exhibit B to this Summary. Section 3. Prescribes the duties of the Planning Director. Section 4. Establishes an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at their meeting of 1987. Exhibits A and B are available from the Planning Department, Tukwila City Hall during regular business hours. t, CYL-' < ,'2 "e--1 CITY CLERK, MAXINE ANDERSON Publish: Valley Daily News: May 17, 1987 of WASHINGTON, at a regular meeting thereof this ATTEST /AUTHENTICATED: LERK, XINE :ANDERSON APPROVED.AS.TO FORM: . OFFICE OF THE CITY ATTORNEY: /2 1 • FILED WITH THE CITY CLERK : S/- / -' fi g 7 PASSED BY THE CITY COUNCIL: 5' - - ° 87 PUBLISHED: s' /1 EFFECTIVE.. DATE: 5' a 0 ' .2, 7 ORDINANCE NO. /yl� TUK000140 1487. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, L,P-4 day UTACINI meNT C I 1 h 704I N 6.1 R_A i i9RILiaugA El Ray IMIAL. eETA H -1 U6 fT INDUSIR U AL ■ 1 V n' 14 ..E "EE. ,.ER pVNPfII�N CuPl ..' NO dim W 3 \ 7Z "e AVE AV 6. 5. err CYICAGO• MILVVAU1CCE ST J ° (l 4GY�•.7 PAUL . PACIFIC QA Lb.SG✓IEM Zt II esr VOLLEY R040 (UNION ✓ACIFIC) 4f Al N T •4. Rv CSR /81 • c Al LVVAV R/ — • — -- • l - ----- -. ��..o. ONGACRE 1 L, F j .�T t l�v � 0 ; Yt City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 Gary L. VanDusen, Mayor CITY OF TUKWILA PLANNING COMMISSION MARCH 26, 1987 The meeting was called to order at 8:05 p.m. by Mr. Larson, Chairman. Members present were Messrs. Knudson, Sowinski, Haggerton, Coplen, Larson and Kirsop. Mr. Orrico was absent. Representing the staff were Jack Pace, Rebecca Fox,Vernon Umetsu, and Joanne Johnson. MINUTES MR. COPLEN MOVED TO ADOPT THE MINUTES OF THE FEBRUARY 26, 1987 MEETING AS PRESENTED. MR. SOWINSKI SECONDED THE MOTION WHICH PASSED UNANIMOUSLY. OLD BUSINESS - PLANNING COMMISSION 86 -65 -CPA: KATO COMPREHENSIVE PLAN AMENDMENT 86 -66 -R: KATO REZONE Adoption of Findings for Comprehensive Plan Map and change of zoning designation. Mr. Vernon Umetsu summarized the action taken by the Planning Commission so far on this item. It was established that only Commissioners Knudson, Kirsop, Larson and Coplen would be eligible to vote on the adoption of findings since they were present when the original determination was made. He advised that the Planning Department recommends the bars used for clarification in the staff report, which indicate where the staff report was modified to reflect the commission's findings, be retained as part of the recommendation that goes to Council. MR. KIRSOP MOVED AND MR. KNUDSON SECONDED A MOTION TO ADOPT THE REVISED FINDINGS AND CONCLUSIONS AS PRESENTED. MESSRS. COPLEN, LARSON, KNUDSON, KIRSOP VOTED IN FAVOR OF THE MOTION. NEW BUSINESS 87 -1 -R: RENTON /TUKWILA BOUNDARY EXCHANGE REZONE Request for R -A, C -2 and M -1 zoning designation on an area recently annexed to the City of Tukwila. Rebecca Fox, staff representative, reviewed the application recommending approval of the rezone request. i.n•^x ,.. �>:.:L ;�Y.�XEh_. "r,. ^,.ry �1M1•::�;2t, -�'.. r �. Planning.Commission March 26, 1987 Page 2 Chris Crumbaugh, 15215 - 52nd Avenue S. Tukwila, commented that the area of the rezone located between the railroad tracks is being considered for mass - transit and this information may be of some consideration in making a zoning designation for this area. MR. KIRSOP MOVED AND MR. SOWINSKI SECONDED A MOTION TO ADOPT THE FINDINGS AND CONCLUSION OF THE STAFF REPORT AND RECOMMEND TO THE CITY COUNCIL THAT THE ZONING BE APPROVED AS PRESENTED. THE MOTION PASSED WITH KIRSOP, HAGGERTON, LARSON, SOWINSKI AND COPLEN VOTING IN FAVOR OF THE MOTION; MR. KNUDSON VOTING NO. 87 -2 -R: PARK /CROISSANT REZONE Request R -1 -12.0 zoning designa- tion for 4.48 acres recently annexed to the City of Tukwila at South 139th Street and 53rd Avenue South. Rebecca Fox reviewed the staff report recommending approval. Darin Lamp, 13969 53rd Avenue S. asked if this action would affect the zoning on his property. Ms. Fox clarified that it would not. MR. KIRSOP MOVED AND MR. COPLEN SECONDED A MOTION TO ACCEPT THE FINDINGS AND CONCLUSIONS OF THE STAFF REPORT AND RECOMMEND TO THE CITY COUNCIL THAT THE ZONING BE DESIGNATED AS R -1 -12.0. THE MOTION PASSED UNANIMOUSLY. 87- 01- CPA /87 -3 -R: METRO PARK AND RIDE COMPREHENSIVE PLAN AMENDMENT /REZONE Request for Comprehensive Plan amendment to extend "Commercial" designation at Park and Ride facility and rezone to R -1.20 and C -2 on the area recently annexed to the City of Tukwila at I -5 and Interurban Avenue South. Ms. Fox briefly reviewed the proposal recommending that this request be approved. Discussion ensued on the proposal. Mr. Knudson questioned the advisability of having two different zoning designations on one piece of property. Mr. Larry Ellington, 821 2nd Avenue, Seattle, representing METRO, clarified the request. Mr. Lawrence Hopper, 5105 S. 136th Place felt development of the sloped portion of the property may create a cliff, resulting in a slide or create a dangerous situation for children in the area. Louise Strander, P.O. Box 886, Tukwila requested clarification of two zoning designations for this one piece of property as well as other similar situations in the city. :aat +r �scr v.•�.:: .rw..::., .r..:: r. u.....:. c.- rr•:n- :�n�:.t.t sc+ ,no rr..�t•i. ;.: w�:k MN,". awe- sua« ss..:• yrn. h,:< 7:., r. �w.: M• u: r.•.::,:: dt'• 2r<'^ nr: tw: tss; w••, s ..,..yr rsa�:.•.0 •�a��ti� -., Planning Commission March 26, 1987 Page 3 Discussion ensued on this question. Mr. Coplen was excused at 8:45 p.m. MR. KNUDSON MOVED AND MR. KIRSOP SECONDED A MOTION TO DESIGNATE C -2 ZONING FOR THE ENTIRE PROPERTY, AND ACCEPT THE STAFF'S FINDINGS AND CONCLUSIONS WITH THE EXCEPTION OF CONCLUSION #2. THE MOTION PASSED WITH LARSON, KNUDSON, HAGGERTON, AND KIRSOP VOTING YES AND MR. SOWINSKI VOTING NO. 87- 1 -SPE: NORMED Request for approval for the location of a freestanding sign. Mr. Jack Pace, staff representative, briefly reviewed the request. MR. KNUDSON MOVED AND MR. HAGGERTON SECONDED A MOTION TO APPROVE THE STAFF'S FINDINGS AND CONCLUSIONS AND APPROVE THE REQUEST FOR A SHARED DIRECTIONAL SIGN WITH THE FOLLOWING CONDITIONS: 1. The sign be redesigned with a masonry base. 2. The existing landscaping be modified in conjunction with the shared directional sign. 3. The shared directional sign location be moved to the right of the vision clearance line as shown on Attachment B. MR. SOWINSKI AMENDED THE MOTION TO INCLUDE, THE DIMENSION OF SIGN SHALL BE CONSISTENT WITH ATTACHMENT "C ". MR. KIRSOP SECONDED THE AMENDMENT. THE AMENDMENT PASSED UNANIMOUSLY. A VOTE WAS TAKEN, AND THE AMENDED MOTION PASSED UNANIMOUSLY. DIRECTOR'S REPORT Mr. Pace informed the Commission of the status of the Tukwila Pond development. He also noted the status on Fire District #1 Annexation, the Sign Code revision process, as well as other issues which will be coming before the Commission in the future. Regarding the Sign Code revision project, Mr. Knudson noted that Mr. Pace is doing a terrific job. ADJOURNMENT The meeting was adjourned at 9:45 pm. Respectfully submitted, J'oanne Johnson Secretary HEARING DATE: FILE NUMBER: APPLICANT: REQUEST: LOCATION: ACREAGE: COMPREHENSIVE PLAN DESIGNATION: ZONING DISTRICT: SEPA DETERMINATION: ATTACHMENTS: 101.65 acres. m,w.� rv, eb'.fi'}Y ✓ +KW�N;h:T N�;t,. •i" . X,"' �" a����'. TAi± F:- CY' i:". !;"I.��.•�!'7 ;s ;�J.�.f ? '�r:rr��,§ � sc ;,� '' �+ �' �', G �.} , {�[��..y':� , ��?r : .".", ! r:��. . . ..., '.x•^ .Y'. r1\ 4:E.f�1 '.4 �..J.qo .o{ .YSe .,� J.%7 S. y .. T t + „rt.- Z ..i - ;N'r.'- K-f !K`.}.'• ^. Y. �t`i ;.7.5 ". .i,�,.,,•..7Y t • h i�* ,. .. :.r.i t; �? i, �; �rll> r.,. Sx�. ?. Y+' ia. te�l• k.,: i.. �:'. �srl �•? 11r. i:;h: �.....,. �n�ti iw.` atu. �i�. 1. t. 7.{ �j.. 7'.,.. 1.` ?` Lx... ib:.,.: y .4:.f:3s�c:.t•s..f:r:..txv'•.. �.... -.1:. .. «�+in :d�ti.;Ra"'r,.''»uik.,.m t .vllzr'✓'"<•ie�ta:+;.�... :.�...,r�?s.� tie:,. �. �> i ,....aa.,,..;.,..,Cari.;S:.>..> . {...,,:Pl:ii•:t`Sey�.. �- t City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 STAFF REPORT to the Planning Commission Prepared March 16, 1987 March 26, 1987 87 -1 -R: Renton /Tukwila Boundary Exchange Rezone Tukwila Planning Department Rezone recently- annexed area from Renton B -1 (Business District), G -1 (General Zone), and M -P (Manufacturing Park) to Tukwila R -A (Agricultural), C -2 (Regional Retail), and M -1 (Light Industry), per Tukwila's Comprehensive Land Use Plan Map. The area is currently designated "Unclassified" in anticipation of permanent zoning. The properties to be rezoned lie west of the most easterly Burlington Northern Railroad line and east of Tukwila's former eastern boundary, generally between I -405 and South 180th Street. Parks /Open Space; Commercial, Public Facilities; Light Manufacturing. Renton Zoning: B -1 (Business District), M -P (Manufacturing Park), and G -1 (General Zone). D.N.S. issued May 28, 1986 by City of Renton (ECF- 038 -86). City of Tukwila checklist addendum (EPIC -4 -87) prepared February 25, 1987. (A) Former Zoning (B) Comprehensive Land Use Plan Map (C) Proposed Zoning ...,.. ...., »,:.,...ni ...T -tan r,... ��s .M.,,.,:..r.,..:•,,.:.,c,:�.. s..•..:ias. VICINITY /SITE INFORMATION BACKGROUND DECISION CRITERIA %nv......,..a„.-rsrr.`:L. --:�.� r. y2 w�.utc ;; r: h�`...7r•�:�:. .rvry c °;r�1�:t;- .Jrr..c�..';;c't:. , .:" 7( y^ rataN ^x:C;;;:'3,: *Ir;:r... > ,.'.�r:} :: &iz.,. .....z:'�':C'.n�r. 87 -1 -R: Renton /Tukwila Boundary Exchange Rezone Page 2 FINDINGS 1. Property Area: The subject property is 101.65 acres. 2. Existing Development: The existing land uses include primarily retail, wholesale and manufacturing. They also include vacant land and a very small amount of single - family residential. It is expected that residential uses will eventually redevelop for commercial use and commercial /manufacturing will remain. The vacant land lying between the railroad tracks may even- tually redevelop as an extension of the Interurban Bicycle Trail. 3. Terrain: The terrain of the area is generally flat. 4. Vegetation: The vegetation of the area varies ranging from bushes, flowers, trees and other landscaping elements in developed areas to grass, weeds and trees in the undeveloped area between the railroad tracks. The staff requests changing the City of Tukwila Zoning Map to redesignate the subject area recently annexed from Renton to R -A (Agricultural), C -2 (Regional Retail), and M -1 (Light Industry) (see Attachment A), as indicated by Tukwila's Comprehensive Land Use Plan Map. The previous Renton zoning was B -1 (Business District), M -P (Manufacturing Park), and G -1 (General Zone). This is consistent with the proposed Tukwila zoning. The area currently proposed for rezoning was annexed to Tukwila from Renton on February 5, 1987 as part of the Renton /Tukwila boundary adjustment. By means of this simultaneous annexation /deannexation, Tukwila and Renton adopted the east- ern boundary of the Burlington Northern right -of -way between the two cities. The boundary realignment substantially improved emergency access and utility maintenance and will simplify the development of large properties by having to deal with only one jurisdiction, rather than two. The applicable Tukwila Municipal Code (TMC) criteria are printed in bold, with pertinent findings beneath. TMC 18.84.030 - Criteria for Granting Zoning Map Reclassification 1. The use or change in zoning requested shall be in conformity with the adopted comprehensive land use policy, the provisions of this title and the public interest. The proposed zoning designations are consistent with Tukwila's Comprehensive Land Use Plan Map. The Comprehensive Land Use Plan Map designates the rezone area variously as Parks and Open Space, Public Facilities, Light Manufacturing and Commercial (see Attachment A). The zoning categories zmaxmras arealca+.wmaia::,t;vA.tx. u 1, :4=4:A,v , .6.. I.V4t't.JtMea.i;if4s!sN;v, isuti'.r_rc do :r.;0zxtAMIttem..Wfsnunrrelles. Tarr. vrr m..'.' iM t' XP.,!, i% t` V. 61$ MA, )"tsx._' ?��rs #.,7'..;:;,.. 87 -1 -R: Renton /Tukwila Boundary Exchange Rezone Page 3 proposed (R -A, M -1 and C -2) conform with the Comprehensive Plan designa tions. The existing uses comply with the proposed zoning. (See Attach- ments B and C for proposed zoning.) 2. The use or change in zoning requested in the Zoning Map or this title for the establishment of commercial, industrial or residential use shall be supported by an architectural site plan showing the proposed development. The zoning request is for an area -wide rezone of a developed area. No specific development is requested as the impetus for this rezone. 3. When the request is not in agreement with the Comprehensive Land Use Policy Plan, the applicant shall provide evidence to the City Council's satisfac- tion that there is an additional need for the requested land classification. The zoning request is in compliance with the Comprehensive Plan. (22/87 -1 -R) CONCLUSIONS 1. The rezones are necessary to complete the annexation /deannexation of the Tukwila /Renton adopted boundary between the two cities. 2. The rezone designations conform with the Comprehensive Land Use Plan Map. 3. The rezone designations are consistent with the existing uses. 4. The rezone designations comply with the criteria for granting zoning map reclassifications. RECOMMENDATIONS Based on the above Findings and Conclusions, the staff recommends that the Planning Commission approve the rezone request. .. ... <... ... ..... , ...._..... L. ..rv .,.,n'.A7V -Z,y . ,c..r....Kpn.) „wi.•a:” '?a )K� :$;:+?4':p RSI:,1',S'e424. h�fo7"�',u �-n �•K:titu,�g .InT c 7?r.`. Y tZ .u..�ww S::;L:C:Ai:'a.i.: A�i;}S£ :.y •i •..x.1::.•'.r:: iii. ��....'. �.f }.l.•. L�.!. . ),� nSJ.. �.'.�'u.�,i'7.•:1 �':,pr:4Yfl;::+w� u�`J[aiw�fa.Stffi}wII31w[ 421 3.p.:. {d�:r�3eitavxl.�.tr....� isY1. �wct', i�'L15.��9���F.•i+•li4i'�i'li:. v_,:. A... �!%.II.:IJ,...T:. ; :,' *4-72 • ••••• • ••• _ • • • •• • • •• •• iss • • • • • • w • • • • • •• L . 143 1 R-4 'r c-e C -P c-P C -M P-O 1 C-M R -I -120 C-M C-M C -M } hit , M • I • C-2 AwHMNT A -tool , - uteo"" M -I foRrgR toNINet GR+u") C-� U evieral ohe g BUSINESS El H -P Mahifi► live±± 1 T�i►il� Revile , AS FOLLOWS: hereby amended and corrected' REC EIVED . SEP: 0 8.1992 E NT ORDTNI.NCE,' • AN ORDINANCE OF THE. CITY CORRECTING ORDINANCE NO. 1745 RELATING TO THE DESCRIPTION'OF;:''BOUNDARIES OF ANNEXED. TERRITORY WHEREAS, the Mayor and C.ity Council of the' City of. Renton.'heretofore duly passed, approved and sai .:sedto:,be: ORDINANCE NO. 1.745 ; to the annexation of certain terr.itori`.es to..the City of Renton,'. and WHEREAS, the City Eng',i. Lhe .Ci of Renton has been advised by . the County Engineer and Assess:drAthat 'there is a certain overlap in the legal description as contained in sa'id-brdizanoe No.'.17.45 with the boundaries of the Town of Tukwila at or near' the:• br'idge,'sintersection at South 180th Street, and WHEREAS, it is advis4le , to; correct and amend said Ordinance No. 1745 in order to eliminate said overlap, .and.;the• City Engineer having duly prepared a • corrected boundary description. of the. :properties so annexed, NOW THEREFORE • BE IT ORDAINED BY THE, MAYOR AND•• THE CITY COUNCIL OF THE. CITY OF RENTON SECTION I: The legal •descript.ion .of certain territory annexed to' the City of Renton as set forth ' in ..ORD.INANGE. :NO. 1745, entitled. '!AN ORDINANCE OF THE CITY OF RENTON,. WASHINGTON,` ANNEXING'.' CERTAIN TERRITORY TO THE: CITY OF RENTON" is tofore annexed shall read as. follows.: t , .t:tie :: ,;propex..description of the'. territory here.: "Beginning at the intersection :of;.the south line of South 180th Street with the east line of ::P•rimary`: S..tate::Highway: No..5, ..said intersection bein in Section 31, Township..23.,North 'Rainge 5 East W,M. ;, thence north along • the east line of Primary. State- Highway No.. 5 to the north line of :South 156th Street; thence eas.talong' :the .north line of. South 156th Street to the west line of Lot •42,, ; Block y,;'C,;:D.', Hillman's. Earlington Gardens, Division No 1, accord:ing:`to' plat •.,there'of recorded in: Volume 17 of Plats, Page 74, records of KingCountyy ence northerly: along .the west lines of Lots 42 to 62 inclusive in::Block :C.- D'..Hillman's .Earli'ngton,Gardens,. Division No. 1; thence; :nor.therly'.across 10th.Plac'e South to the-West line of Lot 63, Block 7, C., D. Hillman''s, Earling:ton .Gardens. D•ivision.'No. 1; thence northerly along • , l+ine.' . of Lots. 63 and 64, . said .Block . 7, to the north line of Lot •64.,• Bl `7, thence east along ., .the, .north .line of Lots 64 and 65 to the,wes,t, l'iri`tof. 'Lot 6 ;': said Block ,7, ;,• thenc'e north along the west line ofsai'd•Lo.t fi`;:;to: :the south, line of 10th. Avenue South;. thence east along the south pne :•1Oth Avenue South to.: the •west line of Lake •Street South; thence. • ..north..aI'ong the west line of Lake Street` South ' to the south line of .9-th''.Averiu'e•Soiith '•.thence west along,.',the '.south line of 9th Avenue South toh ' east'j4il el 'of Prim St Highwa ' No ' S thence north along the.' eas ;tine,of:;.PrimaryState Highway: 5 .to the • north line of • the Pacific Coas.t ..Rai lroad ; thence west along. the .north line of the Pacific Coas.t:•;Ra`ilroaa';to' the ,easterly line of . the: City of Seattle power line right ' of•: way easement; : thence northerly along , the easterly line of said City' 'of ' Seat . t-le power line right of 'way easement. to the southerly shore lands' line of .Black .River, as platted in Supplemental Map of Renton.Shore Lands filed with the County Auditor of King County on September 29, 1958, by the State of Washington, Department of Natural Resources; thence westerly along said platted southerly shore lands line to the. easterly platted shore lands line; thence southerly along the said easterly platted shore lands line to. the north line of the Pacific.Coast Railroad; thence west along the north line of the Pacific Coast.Railroad to the west line of Lot 4, Block 18, Earlington Addition to Renton, produced South, according to plat recorded in Volume 14 of Plats, Page 7, records of King County; thence north along the west line of said.Lot 4 produced south to the south line of 6th Avenue west; thence west along the south line'of • 6th Avenue west to the west line of Lot 24, Block 14, said Earlington Addition, produced south; thence north along the west line of said Lot 24 produced south to the south line of -the alley in said Block 14; thence west along the south•line'of the alley in said Block 14 to the west line of Lot 7, said Block 14,.produced south; thence north along the west line of said Lot 7 produced south to the north line of said Block 14; thence west along the north line of said Block 14 produced west to the west line of Lot 15, Block 13, said Earlington Addition, produced south; thence north along the west line of said Lot 15, produced 'south to the south line. of Sunset Boulevard West (Primary State Highway No. 2, Renton Branch); thence west along the south line of Sunset Boulevard west to a point on a line which bears North 17 ° 10' West to the southeast corner of Lot 24, Block 5, said Earlington Add- tion; said lot corner being on the north line of 5th.Avenue west; thence westerly along the north line of 5th Avenue. West to the northerly line of Primary State Highway No. 2, Renton Branch; thence northwesterly along the northerly line of Primary.State Highway No. 2, Renton Branch, to the easterly line of 81st Avenue South; thence southwesterly along the easterly line of 81st Avenue South produced southwesterly to the south line of South 140th Street; thence westerly and southwesterly along the southerly line of South 140th Street to the northerly line of the Pacific Coast Rail- road; thence southwesterly, westerly and northwesterly along the northerly line of the Pacific Coast Railroad to the northwesterly line of Tract 28A, Junction Addition to Seattle; thence southwesterly along the northwesterly line of said Tract 28A produced southwesterly to the westerly line of the Northern Pacific Railway; thence southeasterly along the westerly line of the Northern.Pacific Railway to the southerly line of the old Black River channel; thence easterly along the southerly line of the old Black River channel to the south line of the Monster Road (South 143rd Street); thence easterly along the south line of said Monster Road and continuing southerly along the west line of Monster Road (72nd Avenue South) to the northerly line of the N orthern Pacific Railway; thence northwesterly along the north- easterly line of the Northern Pacific Railway, a distance of 280 feet more or less; thence southwesterly to the corporate limits of the City of Tukwila along.a line which bears 90 ° northeasterly from the northeasterly city limits line of the City of Tukwila from its. point of intersection with the north- westerly city limits.line of the City of Tukwila; thence southeasterly along the said corporate limits line of the City of Tukwila produced to the west- erly line of the Chicago Milwaukee Paul and Pacific Railway and Union Pacific Railway; thence southerly along the westerly line of the Chicago Milwaukee St. Paul and Pacific Railway and Union Pacific Railway to the north line of Nelson Place, also known as 72nd Avenue South; thence westerly and southerly along the northerly and westerly line of Nelson Place produced south to the south line of.South 153rd Street; thence east along the south line of South 153rd Street to the west line of P t a he Northern Pacific Railway; thence south along the west line of the Northern airway to a point on a �' line 410 feet more or less north from the south line of the Henry Meader Donation Claim No. 46; thence west along the line 410 feet north more or less from the south line of said Henry Meader Donation Claim No. 46 to the east line of Secondary State Highway No. 5M;, thence south along the east line of Second- ary State Highway No. 5M to the north corporate limits line of the City of Tukwila; thence east along the north city limits line of the City of Tukwila to the west line of the SEk of the NE1 of Section 25, Township 25 North; Range 5 East W.M. s::id west line being the east city limits of the City of Tukwila; thence south along the said east city limits line of the City of Tukwila to the northwest corner of the SE' of the SEA of Section 25, Township 23 North, Range 5 East W.M., said northwest corner being on the south city limits of the City of Tukwila; thence. west along the said south city limits line of the City of Tukwila to the easterly city limits of the City of Tukwila; thence southerly along the easterly city limits line of the City of Tukwila to the north boundary line'of the Henry Adams Donation Claim No. 43 produced west along the centerline of South 180th Street; thence east along the north boundary line of the Henry Adams Donation Claim No. 43 produced west to the centerline of Secondary State Highway No. 5M; thence south along the centerline of Secondary. State Highway No. 5M to the south line of South 180th Street produced west; thence east along the south line of South 180th Street produced west to the east line of Primary State Highway No. 5, the point of beginning. SECTION II: All other matters, findings and recitals in said ORDINANCE NO. 1745, except for the legal description herein coFreeted, shall remain in full force and effect. • PASSED BY THE CITY COUNCIL this' / day of May, 1959. APPROVED AS TO FORM: ll Elton L. Alexander, City Clerk • APPROVED BY THE MAYOR this / day of May, 1959. Gerard M. Shellan, City Attorney 011 Y LIMIT S. LEGEND AREA TO 13E. OE:ANNEXED ... 9. ABANDON E D eLA • 4 3 R s ' :: • .0. .. • ,% • .' CITY OF RENTON DEA1.1r1E ORDINANCE E NO. Inas SCALE LL DATE DC g4 CITY ENGINEER . • Maxine Anderson City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Dear Maxine: City of Tukwila OFFICE OF THE CITY ATTORNEY 2001 6th Ave., Suite 2300 Seattle, Wa. 98121 As you will recall, the City Council acted on the Renton /Tukwila annexation zoning at the Council's meeting of May 4, 1987. The Council's action was to adopt an amended version of the ordinance that appeared in the packet and to send the zoning issue with respect to the southern most parcel back to the planning commission to be processed along with an amendment to the M -1 Zoning regulation. Enclosed is a revised ordinance and an ordinance summary accomplishing the Council's action with respect to the two northern most parcels. I will be preparing an additional ordinance to deal with the southern most parcel. If you have any questions, please let me know. JEH00033L/0042.010.009 Enclosure cc (w /enc.) ./Rick Beeler Rebecca Fox May 7, 1987 Re: Renton /Tukwila Zoning Very truly yours, OFF, CE OF THE CI ATTORNEY Mmes E. H neCEPAI) CITY OF TU1< WijL,4 BUILDING bEPi, .}.... >.>._:: ,C'-v : i>•.y. ».i.xrtwur, cfn,.w_a.+ilea..:n �«»•- .. +.�.;a JOHN R. ALLEN CHRISTOPHER P. FROST May 4, 1987 Tukwila City Council City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 ALLEN AND FROST ATTORNEYS AT LAW 12100 NORTHUP WAY. SUITE B BELLEVUE. WASHINGTON 08008 Re: Proposed Zoning 17300 West Valley Highway Leber Ink Co. Property To the Members of the City Council: Agenda item 6B for the May 4, 1987, meeting is a zoning proposal for property included in the Renton - Tukwila Boundary Exchange. This letter addresses the property at 17300 West Valley Highway, occupied by the Leber Ink Co. (a division of United States Printing Ink Co.). Prior Renton zoning was manufacturing park (M -P). Ink manufactur- ing was a recognized use in this classification. Agenda item 6B, as proposed, would zone this area M -1 (light industry). The Tukwila Planning Department is of the opinion that ink manufacturing is not a permitted or allowed use in this classification. P:'r,AS.;L. °.iii :..:9,5:_:Si ?.', ... ,�,...u:, ? ^ .i.; ;'.f:'.i•,'.T:(:..,,._ .. ImgoD 41987 It appears that one of the considerations in the Renton - Tukwila Boundary Exchange was an understanding and recognition of existi • uses without downzoning and the creation of non- conforming uses and its inherent pro • ems. The passage of the proposed M -1 zoning for the area in question, without further consideration, would be contrary to that recognition and is unacceptable to the owners of the subject property who have not resisted the boundary exchange. The Planning Department of the City of Tukwila seems to favor amending the M -1 classification to include ink companies as a principally permitted use in the M -1 zone. (208) 882.2929 The problem appears, in part, due to a variation in definitions in the Comprehensive Plans of Renton and Tukwila. Light•industrial in the Tukwila Comprehensive Plan does not allow ink manufacturers. Tukwila City Council May 4, 1987 Page -2- 4 John R Allen JRA` Thou for your consideration of this proposal. We are in agreement with this proposal. However, we urge the City Council to defer zoning classification on the subject property until the required procedures to amend the M -1 classification have been met. This will give assurance to both the City and the land owners that ink manufacturing is, as it has been, a recognized and principally permitted use. Lgbr Leber Ink 9.1.4 May 4, 1987 Sincerely, Lewis Leber Partner in Relco 17300 West Valley Highway Tukwila, WA 98188 P.O. Box 88700, Seattle, Washington 98188 (206) 251 -8700 Seattle•Portland•San Leandro.Los Angeles City of Tukwila Planning Department 6200 Southcenter Bouvelard Tukwila, Washington 98188 The Leber Ink Company has been in business since 1928. Our main plant was in the Seattle area with branches in Portland, the Bay Area and Los Angeles. We have had a number of discussions with Planning Commissions and Fire Marshalls about the nature of our business and the similarity to paint. Our products are substan- tially less hazardous than paint. We have never had a serious prob- lem in any location. We make only oil or glycol paste or water flexographic inks and the bulk of the products we produce can be shipped legally by commer- cial airliners (flammable inks cannot). We ship no products from our Tukwila plant that carry a Flammable -Red Label warning. Printing inks for gravure or solvent flexographic printing are Flammable but we don't make these and don't intend to. Leber Ink Company was sold to the United States Printing Ink Company (USPI) in 1985. The building in Tukwila is owned by Relco, a part- nership of the former owners of Leber Ink. Relco leases the build- ing to USPI with a ten year option to purchase. USPI may wish to expand the facility if the business growth meets their expectations. They would need proper zoning to accomplish this. The plant is the largest printing ink plant in the Pacific Northwest in terms of employment and amount produced. Finished products are shipped throughout the Northwest and to export markets. Specialty products are shipped nationwide. The plant has a rail siding, dock height loading, sprinklers and underground storage for the heavy oils used in oil inks. It was designed to make inks. When we were in Renton, we were zoned to carry on our normal activi- ties. We believe the Tukwila zoning should enable us to carry on our activities and allow for eventual expansion to meet the growth USPI anticipates. The partners of Relco and USPI want to work with you to make this possible. Technological Advances for All Newspapers Technology to the rescue! Today any newspaper, regardless of printing process, can look and feel cleaner and fresher than ever before possible. U.S. Printing Ink technology makes it happen. Letterpress tradition no longer needs to be associated with readers' sooty fingers. Our Aqua Kleen' letterpress news inks have the waterbased emulsion technology which reduces rub by as much as 50% to run clean, stay clean, from news stand through a "clean hands" read. Our Civilox* version stays equally clean. And all Aqua - Kleen inks cut mist by up to 50 %. If offset quality is your strength, cleanliness comes to you, too, with our KleenSet' line of technologically advanced low -rub inks. Refreshingly clean formulations deliver superior rub resistance, control dot gain, and avoid roller and blanket build -up. Switched to flexography? Our Aqua - News' line offers you just the right waterbased flexo inks that not only look and feel as fresh as a babbling brook, but print crisper halftones and more uniform solids than you'd expect. US East Rutherford, NJ; Washington, DC; Jacksonville, FL; Chicago, IL; Cincinnati, OH; Dallas, TX; Denver, CO; San Francisco, CA; Los Angeles, CA; Portland, OR; Seattle, WA U.U. Printing Ink 'AquaKleen, KleenSet, and Aqua-News are tradenames of U.S. Printing Corp. Civilox is a tradename of Crabtree Vickers Ltd. Dear Moira and Jack: JEH:imm TUK00016L /0042.010.009 Enclosure cc: Maxine Anderson City of Tukwila OFFICE OF THE CITY ATTORNEY 2001 6th Ave., Suite 2300 Seattle, Wa. 98121 April 30, 1987 Moira Bradshaw, Assistant Planner Jack Pace, Senior Planner CITY OF TUKWILA 6200 Southcenter Boulevard Tukwila, WA 98188 Re: Ordinance Establishing Zoning for Parcels Annexed from Renton Enclosed is a copy of an Ordinance which would establish Tukwilas zoning classifications for properties recently annexed to the City from Renton. Please note that the Ordinance requires two exhibits to be attached: Exhibit A, which is a map showing the new zoning classifications for the properties and Exhibit B, which is a revised Map relating to building height exceptions which Moira and I discussed. Please make sure these exhibits are attached to the Ordinance for distribution in the Council packet for the May 4, 1987 meeting. By copy of this letter, I am filing the original of the Ordinance with Maxine for placement on the Council's agenda when she receives the exhibits from you. Very truly yours, 4 es E. Haney JM� OFFICE OF THE CITY ATTORNEY 19871 PLANN:•!:r; f C.� City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433.1800 Gary L. VanDusen, Mayor MEMORANDUM TO: City Council FROM: Planning Department DATE: April 21, 1987 SUBJECT: LEBER INK COMPANY NON - CONFORMING USE Attached is a letter sent to Lewis Leber of the Leber Ink Company, 17300 West Valley Highway, Tukwila. Mr. Leber's situation did not come to our attention until he contacted us on April 20, 1987, asking if his ink manufacturing /processing plant was a permitted use in the recommended M -1 zone. It appears that this use is not allowed in the M -1 zone, and would become a legal, non - conforming use. Paint (and by exten- sion, ink) manufacturing and processing is permitted outright only in the M -2 zone. Mr. Leber's facility was a principally permitted use in the Renton M -P zone. Although Mr. Leber and other property owners were sent notification of the Planning Commission hearings, Mr. Leber did not contact us until the delibera- tions were concluded. His concerns were, therefore, not part of the discussion. At this point, Mr. Leber has three options available to him. Planning staff recommends Option This option addresses the actual light industrial -type impacts of ink processing and manufacturing. 1. Continue operations as a legal, non - conforming use. Under this alternative, the Leber Ink Company may continue operation indefinitely so long as there is no expansion of the building and operations. 2. Request Comprehensive Plan change and spot M -2 rezone of his property. The Comprehensive Plan indicates light manufacturing for the entire area. Spot zoning is generally discouraged. We feel this approach would be highly problematic. MEMORANDUM to: April 21, 1987 City Council Page 2 Request City Council consideration of amendment to the zoning code to include ink (and paint) as a principally permitted use in the M -1 zone. Given the low- nuisance, light - industrial nature (i.e., non - flammable, non- polluting) of ink manufacture and processing, this would appear to be the preferred approach. If desired, paint processing could be included in the language change to end two paint facilities' non - conforming status. RF /sjn 1908 Mr. Lewis Leber Leber Ink Company Post Office Box 88700 Tukwila, WA 98188 Dear Mr. Leber: City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 April 21, 1987 Regarding our telephone conversation yesterday, I have found that, under Tukwila's zoning code, paint (and ink) manufacturing, processing, assembling is a principally permitted use in only the M -2 Heavy Industry zone. Your ink manufacturing facility is not a principally permitted use in the M -1 zone per TMC 18.42.020 (copy attached). Instead, it would become a legal, non - conforming use in the recommended M -1 Light Industry zone. Two paint manufacturing/ processing facilities are the precedent for this interpretation. Both are located in M -1 zones, and are considered legal, non - conforming uses. As a legal, non - conforming use, your facility may continue to operate as long as the use remains lawful, subject to the provisions of TMC 18.70.040 (copy attached). TMC 18.70.040(4) may be of particular interest. It states that "no existing structure devoted to a use not permitted by this title in the zone in which it is located shall be structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located." The Tukwila Planning Commission recommended the M -1 zoning in its March 28, 1987 meeting. You, and other property owners and businesses, were mailed advance notice of this meeting. The Tukwila City Council will hold its hearing on the rezone request at 7 :00 p.m. on May 4, 1987, in the Council Chambers at Tukwila City Hall, 6200 Southcenter Boulevard. At this time you may comment on the recommended zoning. There are three alternatives available to you. 1. Continue operations as a legal, non - conforming use. You may continue operations indefinitely, so long as you do not expand your ,operations or your structure. Mr. Lewis Leber April 21, 1987 Page 2 RF /sjn 2. Request Comprehensive Plan Amendment and Spot Rezone. You may apply for a Comprehensive Plan change and spot rezone of your prop - erty through the Planning Department. The staff would evaluate the request and refer the issue to the Planning Commission. The City Council would hold a public hearing on the proposal and make its decision. Since the entire area is designated "light industrial" on the Comprehensive Plan, such a change would be difficult to justify. 3. Request City Council consideration of changes to the zoning code to include ink manufacturing as a principally permitted use in the M -1 zone. This approach would appear to be more promising, given the nature of the impacts of ink manufacturing. Please give me a call at 433 -1848 between 8:30 and 12:30 if you have further questions on this matter. If I am unavailable, please ask for Jack Pace of the Planning staff. Sincerely, / Rebecca Fox Tukwila Planning Department Sections: 18.38.050 Height, yard and area requirements. In the C -M district the minimum dimensions of lots and yards and maximum height of buildings shall be as specified in Chapter 18.50. (Ord. 1247 §1(part), 1982). 18.38.060 Parking regulations. Parking regulations shall be as provided in Chapter 18.56. (Ord. 1247 S1(part), 1982). 18.40.010 18.40.020 18.40.030 18.40.040 18.40.050 18.40.060 Chapter 18.40 M -1 DISTRICT - -LIGHT INDUSTRY 8.38.050 -- 18.40.020 Purpose. Principally permitted uses. Accessory uses. Conditional uses. Height, yard and area requirements. Parking regulations. 18.40.010 Purpose. The purpose of this district is to provide area appropriate for light industrial uses which are non - nuisance activities in terms of air and water pollu tion, noise, vibration, glare, and odor. Allowed uses are similar to those of the C -M zone but land development regula- tions such as setbacks are not as stringent. (Ord. 1247 51 (part) , 1982) . 18.40.020 Principally permitted uses. In the M -1 district, no building or land shall be used and no building shall be erected, altered or enlarged which is arranged, _::- tended or designed for other than the following uses: ( 1) Any principally permitted use in the C - district; ( 2) Businesses which :manufacture, process and /or package foods, including, but not limited to, baked goods, beverages (except fermenting and distilling), candy, canning or preserved foods, dairy products and by products, frozen foods, insta:.z foods, and meats (no slaughtering); ( 3) Contractor's storage yards., subject to the screen- ing requirements of Chapter 18.52; ( 4) Manufacturing, processing, and /or packaging pharmaceuticals and related products, such as cosmetics and drugs; ( 5) Manufacturing „processing, and /or packaging pre- viously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furnit'.: :e, glass, paper, plastics, tile and wood; 267 (Tukwila 3. C.40.030--18.40.050 ( 6) Industries involved with etching, film processing, lithography, printing and publishing; ( 7) Warehouse storage and wholesale distribution facilities; ( 8) Manufacturing, processing, and /or assembling pre- viously prepared metals or plastics including, but not limited to, stamping, dyeing, shearing or punching of metal not exceeding one- eighth inch in thickness, engraving, gal- vanizing, and handforging; ( 9) Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical, or precision instru- ments such as medical and dental equipment, photographic roods, measurement and control devices, and recording equipment; (10) Body or engine repair shops; (11) Sales and rental of heavy machinery and equipment subject to screening requirements of Chapter 18.52; (12) Salvage and wrecking operations which are entirely enclosed within a building; (13) Commercial, professional, and business offices and services; (14) Railroad tracks (including lead, spur, loading or storage); (15) Commercial and public recreational faciltiies such as golf courses, parks, and playfields; (16) Outside storage of materials allowed to be manu- factured or handled within facilities conforming to uses under this chapter and screened pursuant to Chapter 18.52; (17) Other similar and compatible uses of a light Indus- trial character. (Ord. 1247 S1(part), 1982). 18.40.030 accessory uses. Uses and structures custcm- arily appurtenant to the principally permitted uses,' such as: (1) Recreation area and facilities for employees; (2) Residences for security or maintenance personnel: (3) Service and repair activities. (Ord. 1247 §1(par=), 1982) . 18.40.040 Conditional uses. The following uses requ. e a conditional use permit from the city as provided in Chap- ter 18.64: (1) Conditional uses as provided in the C -2 district; (2) Truck terminals; (3) General conditional uses as specified in Chapter 18.64. (Ord. 1247 §1(part), 1982). 18.40.050 Height, yard and area requirements. In _h M -1 district, the minimum dimensions of lots and yards and maximum height of buildings shall be as specified in Cagi=er 18.50. (Ord. 1247 §1(part), 1982). 268 (Tukwila 3 3 Sections; 18.70.010 18.70.020 18.70.030 18.70.040 18.70.050 18.70.060 18.70.070 18.70.080 18.70.090 18.70.100 a.66.010 -- 18.70.020 an amount equal to one hundred percent of the cost of the installation or construction of the applicable improvements. (Ord. 1247 §1(part), 1982). 18.66.100 Resubmittal of application. An application for an unclassified use permit which has been disapproved by the council cannot be resubmitted to the planning commission within six months of the date of council disapproval. (Ord. 1247 S1(part), 1982). Chapter 18.70 NONCONFORMING LOTS, STRUCTURES AND USES Purpose. Construction approved prior to adoption of title. Preexisting legal lots of record. Nonconforming uses. Nonconforming structures. Repairs and maintenance. Building safety. Nonconforming parking lots. Nonconforming landscape areas. Conditional uses. 18.70.010 Purpose. It is the purpose of this chapter to establish limitations on the expansion and extension of nonconforming uses and structures which adversely affect ee development and perpetuation of desirable residential, com- mercial, and industrial areas with appropriate groupings of compatible and related uses. (Ord. 1247 S1(part), 1982). 18.70.020 Construction approved prior to adoption of title. To avoid undue hardship, nothing in this title snall Si to require a change in plans, construction or des:; - nated use of any building on which actual construction was lawfully begun prior to adoption of this title and upon wc::::: actual building construction has been carried on in a dili.-er.z manner. Actual construction shall consist of materials in permanent positions and fastened in a permanent manner, and demolition, elimination and removal of one or more existing structures in connection with such construction; providing, that actual construction work shall be diligently carried on until the completion of the structure involved. (Ord. 1247 S1(part) , 1982) . 319-1 (Tukwila .. 170.030- -18.70 .050 18.70.030 Preexisting legal lots of record. An author- ized use or structure may be erected on a preexisting legal lot and containing less area than required by the, zone dis- trict in which it is located; provided, the front, side and rear yard'requirements as well as other applicable dimensional standards of this title are met. (Ord. 1247 §1(part), 1982). 18.70.040 Nonconforming uses. Any preexisting lawful use of land exists that is made nonconforming under the terms of this title as enacted may be continued so long as that use remains lawful, subject to the following provisions: (1) No such nonconforming use shall be enlarged or in- creased nor extended to occupy a greater use than was occupied at the effective date of adoption of this title; (2) No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title; (3) If any such nonconforming use ceases for any reason for a period of more than twenty -four months, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located; (4) No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be structurally altered except in changing the use of the struc- ture to a use permitted in the zone in which it is located; (5) If no structural alterations are made, any nonconform- ing use of a structure, or structure and premises, may be changed to another nonconforming use provided that the board of adjustment by making findings in the specific case, shall find that the proposed use is more appropriate to the zone than the existing nonconforming use. In permitting such chance, the board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this title; (6) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a per- mitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the noncon- forming use may not thereafter be resumed. (Ord. 1247 51 (part) , 1982) . 18.70.050 Nonconforming structures. Where a lawful structure exists at the effective date of adoption of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure, it may be continued so long as the structure remains otherwise lawful subject to the following previsions: (1) No such structure may be enlarged or altered in a way which increases its degree of nonconformity. Altera- tions, additions or enlargements may be allowed as long as 319 -2 (Tukwila 8/32. x'18.70.060 -- 18.70.070 the work done does not extend further into any required yard or violate any other portion of this title. Complete plans shall be required of all work contemplated under this sec- tion. (2) Should such structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at time of destruction, in the judgment of the city's build- ing official, it shall. not be reconstructed_.except in conformity with provision q_f.this title. excepE at the R -1 zone, structures that are nonconforming in regard to yard setbacks but were in conformance at the time of construction may be reconstructed to their original dimensions and location on the lot. (3) Should such structure be moved for any reason or any distance whatsoever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved. (4) When a nonconforming structure, or structure and premises in combination, is vacated or abandoned for twenty - four consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of the zone in which it is located. Upon request of the owner, the city council may grant an extension of time beyond the twenty -four consecu- tive months. (5) Residential structures and uses located in any single or multiple family residential zoning district and in existence at the time of adoption of this title shall not he deemed *nonconfo ..ing in terms of bulk, use, or density provi- sions of this title. Such buildings may be rebuilt after a fire or other natural disaster to their original dimensions and bulk but may not be changed except as provided in Section 18.70.040(5). (Ord. 1247 S1(part), 1982). 18.70.060 Repairs and maintenance. If any building is devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceed- ing twenty -five percent of the current replacement value cf the building. (Ord. 1247 S1(part), 1982). 18.70.070 Building safety. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming building or part thereof declared to be unsafe by order of any city official charged with protecting the public safety. Alterations or expansion of a nonconforming use which are required by law or a public agency in order to comply with public health or safety regulations are the only alter- ations or expansions allowed. (Ord. 1247 S1(part), 19821. 319 -3 (Tukwila _..x' 18.70.080 -- 18.70.100 18.70.080 Nonconforming parking lots. Nothing contained in Chapter 18.56 shall be construed to require a change in any aspect of a structure or facility covered thereunder including, without limitation, parking lot layout, loading space require- ments and curb -cuts, for any structure or facility which existed on the date of adoption of this title. If a change of use takes place, or an addition is pro- posed, which requires an increase in the parking area by an increment less than one hundred percent, the requirements of Chapter 18.56 shall be complied with for the additional park- ing area. If a change of use takes place, or an addition is pro- posed, which requires an increase in the parking area by an increment greater than one hundred percent, the requirements of Chapter 18.56 shall be complied with for the entire parking area. (Ord. 1247 S1(part), 1982). 18.70.090 Nonconforming landscape areas. Adoption of the landscaping regulations contained in this title shall not be construed to require a change'in the landscape improve- ments for any legal landscape area which existed on the date of adoption of this title, unless and until a change of use or alteration of the structure is proposed. At such time as a change is proposed for a use, or struc- ture, and associated premises which does not comply with the landscape requirements of this title, a landscape plan which substantially conforms to the requirements of this title shall be submitted to the board of architectural review for approval prior to issuance of a building permit. The BAR may modify the standards imposed by this title when, in their judgment, the existing and proposed additional landscaping and screen- ing materials together will adequately screen or buffer possi'oie use incompatibilities, soften the barren appearance of parking or storage areas, and /or adequately enhance the premises appro- priate to the use district and location of the site. (Ord. 1247 S1(part), 1982). 18.70.100 Conditional uses. A legal use does not become nonconforming because the zone in which it is located is changed to a zone which requires a conditional use permit for the use, or because the use is changed from an allowed use to a conditional use within the same zone; provided, ^cw- ever, the use may not be allowed or buildings may not be enlarged without first obtaining a conditional use permit pur- suant to requirements of Chapter 18.64 of this title. (Crd. 1247 Sl(part), 1982). 319 -4 (Tukwila 3 _ Tukwila City Council City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 To the Tukwila City Council: Enclosures 1111 - 118th Southeast, Su Bellevue, Washington 98005 April 27, 1987 Re: 87 -1 -R Renton /Tukwila Boundary Exchange Rezone Since / PETER T. JOUF JOHN M/. BAKER II ite `I I Y Le' We are the owners of approximately two acres of property immediately to the east of the intersection of Strander Boulevard and West Valley Road. At- tached as Exhibit A is a depiction of our property. After entry of a decision from the Hearing Examiner, and following negotia- tion with the Cities of Renton and Tukwila, a Short Plat was recorded. Our property was divided into two separate lots, and we dedicated at no cost a right of way 90 feet wide through the middle of the property to extend Strander Boulevard to the east. That property now belongs to Tukwila. As part of that Short Plat, we also agreed to improve the street signalization for traffic in all directions and to improve the new roadway extending east from that intersection at our expense. Planning and Public Works officials at the City of Tukwila were consulted by both Renton and us during this process, and had input into the final configuration of the Short Plat and the development criteria for the two lots. Enclosed as Exhibit.B find a letter dated January 29, 1987 from Mr. Ross Earnst, the Tukwila City Engineer, outlining development criteria for Lot 1 of the Short Plat prior to recording of the Short Plat or annexation to Tukwila. As owners of this property, we wish to support the proposed C -2 zoning on our property as part of this annexation. '(( 2) . , r I/ PLn.•/n ^.,•r. . ,� • Development plans on our property had been pending in the City of Renton for over one year prior to annexation of this property by the City of Tukwila. The zoning in Renton was B -1, which is comparable to C -2 zoning in Tukwila. Immediately after recording this Short Plat, this property was annexed into the City of Tukwila, and we discovered that the zoning in the Tukwila compre- hensive plan had to be adopted by Tukwila before development could proceed. EXHIBIT A f ORDINANCE NO, 4040 Renton•Tutwtla loun4Iry Adjustment Mao of Affected Areas lands to Tukwila Lands to Tukwila Lands to Renton 10IS' January 29, 1987 Mr. Dick Houghton Public Works Director City of Renton 200 Mill Avenue South Renton, WA 98055 SUBJECT: Development of the Property at SR -181 and Strander Blvd. The development of the subject property located east of SR -181 and on the proposed alignment of 27th Ave. S.W. in Renton will include access to SR -181 in Tukwila. The City has agreed access to the north parcel will include one curb cut to SR -181. The development will construct an additional lane (7th lane), curb, gutter, and sidewalk to City and WSDOT standards, along the west side of the property. The City will move the city light power poles to the back of the right -of -way. The water master meter for the water system is not required by the City of Tukwila. Sincerely, /cd /Moss Earnst City Engineer xc: SCD, Inc., City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (2061433.1800 Gary 1. VanDusen, Mayor E��IDCE? �. ).•. r r 'K • t x iY! «)r }. . A ,�a ::? 4P':•• '.'FCCV tiT..?er; ri., s YYf: e.. fi A'TSr'ry.`R"• 44' .,lo. ' vZ'3•.: `Y r.� : � • > M • _ J"LVK y�?..r w YR•. fl, t ).wvA • �L.. . k ��%:i,? "k'' a u.wu�s :: ;;i.�C,,....R�;i.�:;rti.''c' k•'r �S:: i> 3::,: fr. ��Pf,' 2?' 1.:....,., �,.. 3; �., uw? Lr:�......,xa�i�:..�x�..".�,o:. .:.�:�.'7Y..n� ":s,.. �ti:t:�$, <..:;(n..... �Ct�,,.E,t.:,. c, �, ��•. ti,: 4� ;;t'�:,''."_.__r.Y.T..�_r.u.,a .5 :;.. .t..,,.: �.•.,. , xis,kJi4� t � H±aS...�ErNiN•A•i Jtwa.Y Dear Ms. Fox: Ms. Rebecca Fox CITY OF TUKWILA 6200 Southcenter Boulevard Tukwila, Washington 98188 February 13, 1987 Z3NCR FEB !7 1887 C f rlliN� iLA C9 U p4ANN{NG DEPT. On February 11, 1987 I discussed the pending "rezone" of the property recently annexed from Renton into Tukwila with Vernon Umetsu. He sug- gested I contact you in writing regarding our request for notice and copies of documents in this pending proceeding. Mr. Peter T. Jouflas and I own Lots 1 and 2 of the Short Plat recently recorded under King County Auditor's File No. 8702039008. That property was annexed into Tukwila, and I understand will be in the group of prop- erties to be zoned. We would appreciate receipt of the staff recommenda- tion, when made to the Planning Commission, together with notices of the dates and locations that the Planning Commission, City Council, and any other body may hold regarding this zoning. Notice should be sent as follows: Mr. Peter T. Jouflas 1111 - 118th Southeast, Suite 1 Bellevue, Washington 98005 Mr. John M. Baker II 5440 - 148th Southeast Bellevue, Washington 98006 Lot 1 of that Plat is presently pending purchase by some individuals, who plan on processing their application for Building Permit in parallel with this rezone process. They would also like to receive notice and copies as stated above. Their names and addresses are: Mr. Art Draughon SCD, Inc. 6000 Southcenter Boulevard, Suite 250 Seattle, Washington 98188 Ms. Rebecca Fox Page Two February 13, 1987 JMB /bsf Mr. J.W. Reid SCD, Inc. P.O. Box 598 Bellevue, Washington 98009 Sincerely, Cpl~ 651iLet-7/ BAKER II Thank you very much for your cooperation in this matter. We look forward to working with you and the staff in completion of this process. 0042.010.009 JEH /ko 12/01/86 01/06/87 CITY OF TUKWILA WASHINGTON RESOLUTION NO. 1 029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF TUKWILA FROM THE CITY OF RENTON. WHEREAS, Resolution No. 2651 of the City of Renton requested that the City of Tukwila annex certain real property located in the City of Renton as part of a common effort by Renton and Tukwila to simplify their common boundaries, and WHEREAS, Resolution 1008 of the City of Tukwila declared the City of Tukwila's willingness to accept such annexation upon certain conditions and requested that the City of Renton annex certain property located within the City of Tukwila as a reciprocal measure designed to simplify the common boundary, and WHEREAS, the City of Renton and the City of Tukwila entered into an interlocal agreement providing for shared responsibilities with respect to the areas to be annexed by both cities, and WHEREAS, the King County Boundary Review Board has reviewed the proposed annexations and boundary change and has approved the same, and WHEREAS, pursuant to RCW 35.10.217 and upon proper notice, a public hearing was held on the proposed annexation before the City Council of the City of Tukwila on January 5, 1987, at which all persons who were interested in the annexation were allowed to participate, and WHEREAS, after such public hearing, the City Council of the City of Tukwila has determined to annex the area, now, therefore THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVE AS FOLLOWS: Section 1. Annexation of Area from Renton. Pursuant to RCW 35.10.217, the real property previously located in the City of Renton and legally described on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full, should be and hereby is annexed to and made a part of the City of Tukwila. Section 2. Duties of City Clerk. The City Clerk is hereby directed to file a certified copy of this resolution with the Renton City Council and the King County Council. . . `'n Section 3 Effective Date. This resolution, and the 4 ",r" annexation accomplished hereby, shall take effect and be in full force at 12:01 a.m. on February 4, 1987; thirty (30) days after adoption, unless the owners of property in the area annexed by this resolution, equal in value to 60% or more of the assessed valuation of the property in the area, file a written protest with the Tukwila City Council of the City of Tukwila prior to the effective date. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this 5th day of January, 1987. APPROVED: ATTEST /AUTHENTICATED: CITY CLERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY A TORNEY BY- CLER COUN atted FILED WITH PASSED BY T RESOLUTION N /.2 - / - �6 IL: / - ..5'- g7 . DUFFIEi ' ''sUNCIL PRESIDENT SECTION - TOWNSHIP -RANGE PARCEL ACREAGE 3.62 NW 1/4 of Sec. 24, Twn. 23, Rqe. 4 27 (portion) 12.79 SW 1/4 of Sec. 24, Twn. 23, Rge. 4 63 2.35 32 0.27 28 3.85 7 MDC 4.55 NW 1/4 of Sec. 25, Twn. 23, Rge. 4 38 1.84 0.91 8 MDC (p) - 273r 1.14 9 MDC (p) 3. 43 2.15 50 0.84 51 0.72 23 2.16 6 6.70 2.16 24 (portion) 44. 10 21 MDC 2.45 2.16 22 (portion) 10.47 SW 1/4 of Sec. 25, Twn. 23, Rge. 4, 21 1.61 59 0.37 20 . 2.14 33 3.69 17 5.93 3.01 23 (portion) 10.43 24 (portion) 5.44 44.10 22 3.01 NW 1/4 of Sec. 36, Twn. 23, Rge. 4 97 3.00 57 8.69 62 6.40 61 0.17 11 6.83 43 0.10 37 0.17 38 0.14 39 0.14 53 0.14 14 0.12 13 0.12 29 0.32 10 0.14 9 0.19 59 0.15 8 0.17 1.7 0.12 35 2.84 34 1 5.54 36 1 . 3.09 1 1 TOTAL 1 45 parcels 1 101.65 EXHIBIT A Lands to be Annexed to Tukwila from Renton The lands proposed to be annexed to the City of Tukwila from the City of Renton are listed below and shown in Figure 1. • LANDS TO TUKWILA ( "SOUTHERN ; That portion of Section 2S and 36, Township 23 North, Range 4 East, M.M., King County, Washington more particularly described es follows: Beginning at the intersection of the west line of the Plat of Burlington 111 Northern Industrial Park Renton 11 es recorded in volume 112 of Plats, pages £2- 14, Records of King County, Washington and the South line of Government Lot i situate in the Southwest 1/a of Section 25, Township 23 North, Range 1 East; Thence West along said South line, said line also being the existing limits of the City of Renton as annexed by Ordinance No. 1764 (amended by Ordinance No. 1l2a) to the Masterly bank of the Green River (white River); Thence Southerly along said Westerly bank and existing said City limits to the North line of the Northwest 1/4 of Section 36; Thence continuing Southerly along said Westerly bank and said city limits to the Westerly extsntion of the North boundary line of the Henry Adams. Donation Claim No. 43; Thence East along said North boundary line and its westerly extension and said city limits to the centerline at Secondary State Highway Number SM; Thence South along said centerline and said city limits to the westerly • extension of a line lying parallel with and 30.0 test Southerly of the centerline of S.M. *3rd Street (South 180th'); Thence East along said Southerly line and its westerly extension and said city limits to an intersection with the Southerly extension of the Easterly Right -of -Way Line of the Burlington Northern Railraod (former Northern Pacific Railway); Thence North along said Easterly line and its southerly extension to an intersection with the South line of the Southwest 1 /1. of Section 25; Thence continuing North along said East line to its intersection with the South line of Government Lot i and the True Point of Beginning. ok- Page 1 of 1 1 E r 1/ 0* n cro n 13p5 Lt) . •• •• .. • , • T.F.9 -2 CITY OF TUKWILA Prop. Boundary Adjust /Renton SUGGESTED LEGAL DESCRIPTION (From City of Renton to City of Tukwila - North Part) All that portion of the City of Renton as annexed by City Ordinance No. 1764 lying westerly of the east margin of BURR Company (N.P. Ry) main track right of way all being located in the Si of the NW} of Section 24, Township 23 North, Range 4 East, W.M. Together with all that portion of Ordinance No. 1764 lying westerly main track right of way all being 23 North, Range 4 East, W.M. Together with all that portion of Ordinance No. 1764 lying westerly main track right of way all being 23 North, Range 4 East, W.M. King 9/16/86:JRB the City of Renton of the east margin located in the SW1 the City of Renton of the east margin located i n the NW& County, Washington AnsE_D ArrAcoMwr F as annexed by City of BURR Company (N.P. Ry) of Section 24, Township as annexed by City of BAR Company (N. P. Ry) of Section 25, Township EXHIBIT f ORDINANCE NO. 4040 Renton-Tukwila loundaryr AdJustnent Mae of Affected Areas • Lands to Renton Lands to Tukwila Lands to Tukwila Lands to Renton