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Home My WebLink AboutPermit 87-05-R - STRANDER - STRANDER REZONE87-05-r 87-4-CPA 87-04-CPA JOHN STRANDER REZONE COMPREHENSIVE PLAN AMENDMENT City of Tukwila Office of the City Attorney MEMORANDUM TO: Rick Beeler � FROM: Linda P. Cohen, City Attorney/ ■-- RE: Contract Rezones and future legislative action DATE: May 18, 1994 John W Rants, Mayor Linda P. Cohen, City Attorney 5 x- C.%EIVED MAY 1 81994 C.%UIvtiviuon I Y DEVELOPMENT This responds to your memo dated April 25 regarding the contract rezone authorized by Ordinance No. 1470. In general, the City Council can amend the zoning code in any manner it sees fit for the protection of the public health, safety and welfare. I have very little doubt that the existing Council can change the zoning on the parcel in question in virtually any manner that does not constitute a "spot" zone. With respect to the "contract" portion of the concomitant zoning agreement at issue, the answer is not nearly so clear. In other words, does a subsequent legislative rezone terminate the "contract" associated with the prior rezone? The answer to that question depends almost entirely on the terms of the contract. The "contract" at issue here is quite thin substantively. It is silent regarding its continued effect, or lack thereof, in the event of a subsequent rezone. Since the contract is silent on that point, a reviewing court would surely look to the intent of the parties and the totality of the circumstances at the time the contract was executed in order to determine its continued validity or invalidity. In summary, the City Council can surely change the zoning designation on the affected parcel. Such a zoning change, however, is'not necessarily dispositive on the continued validity of the "contract ". Resolution of that question turns on the specific facts surrounding the execution of the contract. I would be happy to spend additional time on that issue when, and if, this proposed zoning change becomes a reality and the property owners want to argue the point. 6200 Southcenter Boulevard • Tukwila, Washington 98188 • Phone: (206) 433 -1867 • Fax (206) 433-1833 -- ...:.au satyr:., rr..».. �..,, �,. w. �....... �... �_....,_. r.._..... �.... �.., �.. �,..+ n.. wy w.. W..... �...w�......w .__.._._ Concur Do Not Concur City of Tukwila M E M O R A N D U M John W. Rants, Mayor Department of Community Development Rick Beeler, Director TO: Linda Cohen FROM: Rick Beeler DATE: 25 April 1994 SUBJECT: Concomitant Zoning Agreements and Future Legislative Decisions The City of Tukwila enacted Ordinance 1470 to provide a comprehensive plan designation and zoning for a parcel that was effective upon annexation of the parcel into the City. The City zoned the parcel C -2, but excepted the uses of R -2, R -3, R -4, and RMH zones, that were normally allowed in C -2. Attached to the ordinance is the Concomitant Zoning Agreement signed by the Mayor and property owner. The Tukwila Tomorrow Committee, the citizen Comprehensive Plan advisory body, is contemplating changing the Comprehensive Plan designation to medium density multiple family. The property owner is objecting on the basis of Ordinance 1470. I understand that the City can now, with due process, make that change because no legislative action can infringe upon the legislative authority of the future legislative body. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 A MINUTES Mr. Larson was absent. CITY OF TUKWILA PLANNING COMMISSION MARCH 24, 1988 City Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 The meeting was called to order at 8:06 p.m. by Mr. Coplen, Chairman. Members present were Messrs. Coplen, Kirsop, Knudson, Hamilton and Haggerton. Representing the staff were Rick Beeler, Jack Pace, Vernon Umetsu, and Joanne Johnson. A Resolution was read and presentations made to Mrs. Sowinski honoring Leo Sowinski's many years of service to the community. MR. HAMILTON MOVED AND MR. KNUDSON SECONDED A MOTION TO HONOR MR. SOWINSKI WITH $100 DONATION TO THE CITY'S FIRE DEPARTMENT MEDIC I FUND. MOTION CARRIED UNANIMOUSLY. MR. HAGGERTON MOVED TO ADOPT THE MINUTES OF THE FEBRUARY 25, 1988 MEETING. MR. HAMILTON SECONDED THE MOTION WHICH PASSED UNANIMOU- SLY. 87 -2 -CPA: CBD SIDEWALK PLAN POLICIES - Add policies on the design and provision of sidewalks of the central business district to the Comprehensive Plan, and amend TMC 18.70 (Noncon- forming Lots, Structures and Uses; Tukwila Zoning Code) and TMC 11.64 Sidewalk Construction). Vernon Umetsu, Planner, reviewed the status of the Sidewalk Plan. He entered the February 24, 1988 Staff Evaluation of Concerns report into the record as Exhibit I. A letter from Ernest N. Patty was read and entered into the record as Exhibit II. Ann Nichols, P.O. Box 88050, Tukwila, representing Segale Business Park read a letter into the record which was entered as Exhibit III. Discussion ensued on this item. The hearing was closed and final comments will be received at the April 28, 1988 meeting. PLANNING COMMISSION March 24, 1988 Page 2 REZONE COMPREHENSIVE LAND USE PLAN AMENDMENT 87 -4 -CPA 87 -5 -R: STRANDER COMPREHENSIVE PLAN AMENDMENT AND ZONING Request for Comprehensive Plan map change from Low Density Residential to Commercial, and pre- annexation zone designation of Regional Retail Business (C -2). Jack Pace, Senior Planner, reviewed the staff report which recommended approval of the request. Cris Crumbaugh, 1002 S. Third Street, Renton, representing the applicants, disclosed that he is also currently representing Chairman Coplen. Mr. Coplen stepped down as Planning Commission Chair and Mr. Haggerton presided during the hearing on this agenda item. Mr. Crumbaugh, representing the applicants, further clarified the proposal adding that he agreed with the staff report in general. Debbie Craig, 5306 S. 132nd voiced her support of the request. Mr. Norris Saari, 13535 53rd Avenue S. spoke in favor of the rezone. No one spoke in opposition to the request and the Public Hearing was closed. MR. KIRSOP MOVED AND MR. KNUDSON SECONDED A MOTION TO APPROVE THE REQUEST IN VIEW OF THE TESTIMONY PRESENTED, THE FINDINGS AND CONCLUSIONS OF THE STAFF REPORT, THE REALITIES OF THE PARTICULAR PIECE OF PROPERTY AND RECOMMEND TO THE CITY COUNCIL THAT THE COMPREHENSIVE PLAN BE AMENDED FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL FOR THIS SITE. THE MOTION WAS UNANIMOUSLY APPROVED. MR. KIRSOP AMENDED THE MOTION TO INCLUDE THAT THE PROPERTY BE ZONED C -2 UPON ANNEXATION. MR. KNUDSON SECONDED THE MOTION WHICH PASSED UNANIMOUSLY. 88 -2 -CA - ADULT ENTERTAINMENT ORDINANCE Request for text amendment to the Tukwila Zoning Code establishing regulations for Adult Entertainment uses. Mr. Coplen resumed his position as Chairman of the Planning Commission. Jack Pace, Senior Planner, reviewed the request and entered into the record the Attorney General's Commission on Pornography, Final Report, dated July 1986, Volumes 1 and 2 as Exhibit I. He entered into the record the Planning Advisory Service Report No. 327, Regulation of Sex Business as Exhibit II. PLANNING COMMISSION March 24, 1988 Page 3 He pointed out that in order for a business to be termed an Adult Business, 20% of the merchandise must be X- rated. Mr. John Colgrove, Attorney representing the City stated that 20% is a very defendable position. No one responded to the request for public testimony on this item and the Public Hearing was closed. MR. KNUDSON MOVED AND MR. HAMILTON SECONDED A MOTION TO RECOMMEND ESTABLISHING REGULATIONS FOR ADULT ENTERTAINMENT USES AS OUTLINED IN THE STAFF REPORT AND THE CRITERIA FOR AN ADULT BUSINESS BE ESTABLISHED AT 10% OF ALL STOCK AND TRADE BE X- RATED. PASSED UNANIMOUSLY. A 5- minute recess was called. 87- 14 -DR: STATE FARM INSURANCE COMPANY Request by the Castillo Company to construct a two -story office building with 18,401 square feet on a 4.42 -acre site. Vernon Umetsu, Planner, reviewed the proposal. He entered into the record the staff report as Exhibit I. He also entered 4 photographs as Exhibit II through V and a pane of glass as Exhibit VI into the record. David Parker, Castillo Company, Phoenix, Az. represented the applicant and added further clarification to the proposal. Mr. John Radovich, 2000 124th N.E., Bellevue, WA expressed his concerns regarding the design of the project. He entered into the record a photo board depicting the outlook from Fort Dent Park as Exhibit VII, an aerial photograph of the area in question as Exhibit VIII and a drawing of Fort Dent Two (Option 2) into the record as Exhibit IX. Mr. Rick Beeler, Planning Director, revised staff's recommenda- tion as follows: 1) the building be turned 180 - degrees on the site and 2) recommend the blank wall be redesigned so that it provides some three dimensional relief or that it definitely looks like an office wall. Mr. Mike Hemphill, Andover Company, suggested that the cement wall could be remedied by using glass and the doors could be visually screened with landscaping. MR. KIRSOP MOVED AND MR. HAMILTON SECONDED A MOTION TO TABLE THE REQUEST. UNANIMOUSLY APPROVED. Planning Commission March 24, 1988 Page 4 Joanne Johnson Secretary The meeting was adjourned at 11:10 pm. Respectfully submitted, DIRECTOR'S REPORT Mr. Rick Beeler, Planning Director, reviewed City Council policy change process and annexation progress. ADJOURNMENT • HEARING DATE: FILE NUMBER: APPLICANT: REQUEST: LOCATION: ACREAGE: COMPREHENSIVE PLAN DESIGNATION: ZONING DISTRICT: SEPA DETERMINATION: ATTACHMENTS: �aw saian:.4,;,hG: City , Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 March 24, 1988 87 -4 -CPA, 87 -5 -R John C. Strander Comprehensive Plan Map change from Low Density Residential to Commercial, and pre- annexation zoning designation of Regional Retail Business (C -2) 13530 - 53rd Avenue South .71 acres STAFF REPORT to the Planning Commission Prepared March 17, 1988 ,r raau r,��ua �xrr.^.4a �. ", • , r. <'v 7 '".? �YFa��'a+! +; n . . xn. �• �z: q': R...'" zM�; #M� ?.c'"":��j"i��`�i`1�9�t`;i�, v:!'.s�7:.i.Y � �.r:.' .: ra, t� . Tukwila Comp Plan Designation - Low Density Residential King County Comp Plan Designation - No designation County zoning - RM 2400 (Medium- density Multiple Dwelling) and B -C (Community Business) DNS issued February 19, 1988 (A) Tukwila Comprehensive Land Use Plan Map (B) Existing Zoning Map (C) Proposed Zoning and Annexation Area Map (D) Applicant's Written Submittal (E) C -2 (Regional Retail Center) STAFF REPORT to the � 87- S,, John C. Strander Planning Commission Page 3 1. There is an error in the factual basis of the plan. In address this criterion, is there factual evidence that supports an addi- tional or changed public need for the proposed designation? The applicant has stated that: "There is no demand for SFR zoning in area of site. Park N' Ride, Golf Course, apartments and offices in area have created increased commer- cial demand at site." When the Comprehensive Plan was adopted in 1982, the size and located for various land use designation was not based solely upon market demand for various uses. The Planning Commission and City Council were concerned with buffering and transition from commercial and industrial uses to abutting residential uses. In addition, the applicant fail to provide any factual evidence that supports their statement that there is no demand for single - family residential zoned land in this area. 2. There is an unforeseen change in circumstances from the point at which the plan was adopted. In address this criterion, the applicant and City are looking at unfore- seen changes in circumstances that have occurred in community conditions that justify a Comprehensive Plan redesignation of the subject property (examples: new or changed City policies /plans). In response to this criterion, the applicant has state: "Metro Park N' Ride lot put in immediately across 52nd from site - drive way exits @ site. Increased traffic noise, glare. Apartments put in across from Golf Course. New bridge across river. Increased commercial activity at shopping -gas next door." In addition to the statement above, the applicant has submitted written material (see Attachment D) which contains further analysis of applicable Comprehensive Plan Policies which relate to their propose Comprehensive Plan Map amendment. Of the several items mention above as unforeseen change in circumstances, the Comprehensive Plan amendment for the METRO Park and Ride lot fits this criteria. In 1986, the City Council approved a Comprehensive Plan amendment for the property west of the applicant's site. The amendment was from Single - Family Residential to Commercial with a zoning designation of C -2 (Regional Retail Business). This amendment extended the commercial designation further back from Interurban Avenue. The other items mentioned do not fit this criterion. The apartments being built along Interurban Avenue are an outright permitted use in the C -2 zone. The Tukwila Comprehensive Plan only indicates what the most intensive uses. Public and private improvements that are permitted under the Comprehensive Plan would not constitute a change in circumstances. STAFF REPORT to the 87- :PA: John C. Strander Planning Commission Page 4 As mentioned by the Applicant, the Comprehensive Plan Map amendment in 1986 created an unforeseen change in circumstances. The issue then, is the applicant request appropriate for this location? The following is a discussion of applic- able Comprehensive Plan objectives and policies. APPLICABLE COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Section 1: Neighborhood Objectives and Policies (page 45) Objective 1. Protect all viable residential neighborhoods from intrusions by incompatible land uses. This objective discourages intensive, disruptive land uses from undermining the quality of life in viable, established residential areas. Given the existing uses around the site and current County zoning, this site should be considered as a transitional area. In addition, this site has been nega- tively impacted with the comprehensive plan amendment and development of the METRO Park and Ride lot. Policy 1. Use natural features, like topography, to separate incompatible land uses from the residential areas. Probably the most important kind of buffer between incompatible land uses is not merely space ( "The further I am from that nuisance, the better! "), but the appearance of visual separation. The existing designation provides no separation from residential and commercial uses. The property ownership is split between residential and commercial. If the proposed designation was approved, the setback requirements plus the existing streets and right -of- way would provide addition buffering or separation between uses. Section 1: Compatibility (page 60) Policy 2. Commercial uses should be located functionally convenient to major traff i cways. One of the major criteria of business center locations is the transportation system. This is especially true of Tukwila, which has many businesses which have a regional drawing power. It is important to have a good transporta- tion system from the freeways to the business areas. It is also important for the heavy traffic generated by business areas to remain on major traf- ficways to avoid impact on the residential community. The applicant property proposed for annexation, combined with their property to the north abutting Interurban Avenue, will provide ease access to Inter- urban Avenue. When development is proposed, design review consideration should be given to limiting access to 53rd Avenue. ZONING CRITERIA STAFF REPORT to the Planning Commission �- `` Page 5 CONCLUSIONS 1. In addressing criterion Number 1, the applicant did not provide any factual evidence to show that an error in the factual basis of the plan had been made. 2. Due to the Comprehensive Plan Map amendment made in 1986 for the METRO Park /Ride lot, there has been an unforeseen change in circumstances that warrants a re- examination of designation for the subject property. 3. Under the existing designations, minimal separation of single family resi- dential and commercial uses can be provided. 4. Given the location of the applicant's other property, direct access to Interurban can be provided. 5. Off site improvement and site design issues will be addressed when the proj- ect goes through the Design Review process. RECOMMENDATION The Planning staff recommends the Comprehensive Plan Map amendment from Single Family Residential to Commercial be approved. ZONING UPON ANNEXATION Since the applicant is requesting pre- annexation zoning, the normal criteria used for a rezone does not apply. The key criteria for the zoning request is the request is consistent with the Comprehensive Plan. As shown by Attachment C, the current zoning for the property is RM 2400 (Medium Density Multiple Dwelling) and B -C (Community Business). The applicant is requesting the entire property be zoned C -2 (Regional Retail). Attachment F contains some basic information concerning the C -2 zone. The City has zoned all the commercial areas along Interurban as C -2. CONCLUSIONS !::h .n rnr: r.. ...tr.•� ..xr.1 ..'+f.�..c / .. ,. ^�25`�:.1; �, 87 -4- 'A: John C. Strander 1. If the Planning Commission agrees with the staff conclusions and recommen- dations on the Comprehensive Plan Map amendment, the zoning request would be consistent with the Comprehensive Plan Map as amended. STAFF REPORT to the Planning Commission 87 -4 ?A: John C. Strander Page 6 2. The C -2 zoning designation would be consistent with the zoning designation for other commercial property in the area. (22/87- 4- CPA.1,2) RECOMMENDATION Planning staff recommends approving the applicant's request for C -2 for the entire site. .......... .............. 1 4r54V'y ...........s.... METRO PARK-&-RIDE LOT intilivori,.. , _p TY LIMITS ......v.4.1.47.7.:. . v............... . . • . ;,,,.. .. ......./..X.:. CI i i ... ! . : . pli•iimi ''..:... AW• . 0:: V .......... •.•.....n. ....... .. .. ............. ............ iGo:E ........ . • ....... 4:4. • .................. " ..x - • ■_.--:. ..... ii5: , ........... 6:. :„. xr,:, ... .. ....-W A.*** w .. ......... 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'14 c 0 PAR AND OPEN SPACE .. .. „ . ................... • DENSITY RESIDENTIAL • • ft HIGH 11111111■111 _a • uressip• 0 voss•sse• • 01 • • • • • • • • • : • • s • s's eel _ I • • • • • • • • 8 • • • • • • • • • • • • • • • 4 0 411 8 . 8 . 41 8 15 • •aw• • • • • • • • • • • ••• • ••• e lso • • • • • • • • • • • • • • a • • • • • • • • • • e_a IR • • • • • • edre O • • • • On • in N 66 . • • •••••••• • NM, ■116,. 1 ■,\ I 10 1010046..■ , R M-2 40 KING COUNTY S R R- tirire* rFXISTING ZONING MAP I I I I • • .`• • C-2 Na, e -CITY LIMITS . NI .• ■11' • • • - S R \ STAFF REPORT to the Planning Commission VICINITY /SITE INFORMATION 1. Existing Development: The site is vacant. 2. Surrounding Land Use: To the north vacant commercial land; to the west, residential and METRO Park - and -Ride lot; to the south, a vacant residential lot; and to the east, residential. 3. Terrain: The site is flat facing 53rd Avenue and drops down towards Inter- urban Avenue. 4. Vegetation: The site contains some alder with a ground cover of wild grass and weeds. 5. Public Facilities: Sewer and water services can be provided for future development. When development is proposed, additional road right -of -way will be required. BACKGROUND The applicant has requested pre- annexation zoning to the City of Tukwila. As part of the annexation request, the applicant is requesting a Comprehensive Plan Map amendment. The Highline Community Plan does not contain any Comprehensive Plan designation for the area between I -5 and the existing Tukwila city limits. However, the Tukwila Comprehensive Land Use Plan Map does cover this area. As shown on Attachment A, approximately 7,000 square feet is designated Commercial and remaining property, approximately 25,347 square feet, is designated Single Family Residential. The Planning Commission will be making a recommendation to the City Council regarding the Comprehensive Plan amendment and the proposed zoning. State law requires the City Council to hold two public hearings of its own on the annexa- tion request. After the second hearing, the Council is to adopt by ordinance the Comprehensive Plan amendment and proposed zoning to become effective upon annexation. This report is divided into two sections. The first section reviews the request for Comprehensive Plan amendment. The second section review the proposed zoning upon annexation. COMPREHENSIVE PLAN AMENDMENT CRITERIA FINDINGS 87 -c4 PA: John C. Strander Page 2 The criteria for Comprehensive Plan Amendment are listed below in bold and are followed by a discussion of the proposal. A Comprehensive Plan Amendment is justified if one of the two criteria below is met. Generally, the more signifi- cant the change, the greater will be the burden of showing that the change is justified and in conformance with the overall Comprehensive Plan. 4 1 EXISTING CITY LIMIT 1".?. .F.P4 Ty didi s 4GUE e›, 70 IX J. a., °P? \ ".. ...."..) It f,. • 7 AREA PROPOSED FOR ANNEXATION fAldallk e . V /e) ' ,co 30 o c To e D C to SFOC TI /0/ 4 s !, r is 1 86 • 305 ATTACHMENT C PRY1SED ZONING AND ANNEXATION AREA: 'P \PROPOSED ZONE C-2 ..... ... • 0 0 0 0 •••■ 1 05 ) \ \ \ 40 co) 9 C • la ..... .rtx,...rm. ATTACHMENT D APPLICANTS WRITTEN SUBMITTAL ANSWERS TO QUESTION NO. 9 OF COMPREHENSIVE. PLAN.AMENDMENT APPLICATION OF JOHN C. STRANDER. The application is consistent with and supported by the following Goals and Policies of the Comprehensive Plan of the City of Tukwila: GENERAL GOALS pp. 12 -13 Goal : 1. Promotes the public health, safety and welfare by locating commercial within and next to area of high traffic, noise, light glare; locates sane boundaries between commercial and residential use; coordinates uses in an area; and puts property in the most logical jurisdiction for safe, efficient provision of services. Also increases tax base without sacrificing levels of service. 2. Encourages regional goals and local aspirations by logical planning of city borders and services. 3. Encourages planned expansion of corporate borders. 4. Coordinates City's plans with those of other jurisdictions (King County). 5. Strikes a balance between economy and environment. 6. Helps to attain a balanced land use pattern in the area. 8. Strives to provide the most effective service levels and efficiency. Page 2 Element Objectives and Policies, pp. 24 -30: THE ELEMENTS AND THEIR GOALS AND POL I CYS: *1. THE NATURAL ENVIRONMENT ELEMENT Element Goals, p.15: *1. Gauges development of land suitable to natural environment in that land topography and location of property is more compatible to develop with the commercial properties to the East and North. *3. Future development in coordinated fashion would help to clean up area which is not very beautiful and would enhance aesthetic resources. Objective 1. Recognizes the aesthetic, environmental and use benefits of vegetation and promotes its retention. Policy 3. The vegetation 1s not proposed to be removed until such time as a specific development proposal is brought forth for the property. Objectives 3. Recognize the advantages and opportunities afforded by the topography and plan it's use accordingly. Policy 2. Preserves the view of hillside residents. There 1s already commercial zone on portion of the property. Zoning the remainder will not change the view factor, and may in fact enhance it. Objective 6. Recognizes the characteristics of local geology. Policy 1. Land is not proposed to be developed at this time. If and when development is proposed the building permit process assures that if there is a realistic question on slope stability (which the applicant does not think there is) an analysis of slope stability can be done to confirm stability. Objective 8. Recognize the environmental basemap of the Tukwila area which depicts the distribution and extent of natural amenities based on the previously mentioned objectives and use this map as a general planning guide. Page 3 - The property is not shown as one having special or sensitive development considerations on the comprehensive plan map. *2. THE OPEN SPACE ELEMENT Element Goals, p.16: The Goals of this element are not directly applicable to this proposal. Element Objectives and Policies, pp. 31 - 41: The objectives and Policies of this element are not directly applicable to this proposal. ;3 THE RESIDENCE ELEMENT Element Goals, p.17: *1. Preserves integrity and pleasantness of single family areas in that it unifies borders, removes residential from conflict with commercial and other uses and cleans up the area. Element Objectives and Policies, pp. 43 - 56: Objective 1. Protect viable residential neighborhood from intrusions by incompatible uses. Quite frankly some portions of the neighborhood which this property borders are not in very good shape. Buildings have been removed and old foundations lay bare. If sometime in the future the subject site is developed as commerclat_tt will prevent intrusion of residential property next to commercial use along Interurban, and It will keep residential use away from the Park N' Ride and It's entrance road which alms directly at the property. The City has previously allowed the zoning change for the Par N' Ride. Also if the topography were graded to coincide with the commercial property directly to the East, it would enhance segregation of the upland area from the commercial corridor which exits along Interurban. Page 4 Policy 1. The proposal may in the future enhance segregation by topography for separation of uses. Policy 2. Policy 2 prohibits spot zoning and this proposal definitely supports this policy as no spot zoning is involved Policy 6. If development actually occurs sometime In the future this proposal will have furthered the spirit of this policy of eliminating unkempt property because as it stands now the property 1s not very useable and the propa%al would ancouraga goad caarainatod dvvalapmont of the site. Policy 7. This.policy would be supported in that the proposal would bring land that is located next to Tukwila into the City and under it's regulatory jurisdiction. Objective 2. The Objective is not applicable. Objective 3. The project diminishes the environmental effects of man made systems that adversely effect the quality of living in that no residential use is going to want to be right directly at the end of the entrance road for the Park N' Ride, so the conflict will be eliminated. s4. • THE COMMERCE AND INDUSTRY ELEMENT Element Goals, p.18: *3. Promotes diversity of land uses in a manner that makes sense. '1, —r. 7:.mcu,,.P-r,�;� ^S4'. *I. Assures healthy economy, growth, employment, strengthening and diversification of the economy by making area that is not very useable for commercial (although zoned) useable and viable property for good development. Puts land under City jurisdiction for efficient regulatory processes. *2. Assures healthy pace of growth consistent with City's ability to provide services. Area is small and the City is actually providing many services in effect now, and it will obtain tax revenues by this action. Page 5 Element Objectives and Policies, pp. 60 -68: s5. THE TRANSPORTATION /UTILITIES ELEMENT Objective 1. This proposal encourages steady and planned growth of the business community. Policy 2. This proposal allows for the expansion of existing commercial area which expansion is compatible with surrounding land use and not detrimental to the public welfare. Policy 5 This proposal will facilitate the renovation of an area which is not ascetically very pleasing. Policy 8. The proposal encourages a diversity in the community of business uses. Objective 3. This proposal encourages the continued viability of the commercial and retailing activities in the City. Policy 2. This would locate a commercial property next to the Park N' Ride and functionally convenient to major trafficways. Policy 3. The benefits of retail activities are recognized and promoted by the proposal. Element Goals, p.19: - The proposal is not directly related to the specific goals, but the the proposal is generally consistent with the goals of this element. Element Objectives and Policies, pp. 60 -68: - The proposal 1s not directly related to most of the specific Objectives and policies, but the the proposal is generally consistent with the Objectives and policies of this element. Objective 1, Policy 11. The proposal would encourage a use buffer between the residential areas to the South and West from the major arterial to the East and the Park N' Ride to the North. END .. .. ....,.........,sr :xr cs: rrvara ui :a:c; <i.,,srrs, ;i•.xw:n ...run.�...n so. .:rvvw ,m. Sections: 18.30.010 18.30.020 18.30.030 18.30.040 18.30.050 18.30.060 r, ..wn.;:cM,..a,,.. ,: xn., m, R.N......«..:..,. ...,...,....,...w...........,.. le V.I.. ATTACHMENT E C -2 (REGIONAL RETAIL CENTER) Chapter 18.30 C -2 DISTRICT -- REGIONAL RETAIL BUSINESS Purpose. Principally permitted uses. Accessory uses. Conditional uses. Height, yard and area regulations. Parking regulations. 262 (Tukwila 8/82) 18.30.010 Purpose. The purpose of this district is to provide areas for diversified commercial /retail activities which serve a broader, regional clientele. C -2 district uses generally attract traffic from a broader area than C -1 uses and are also generally larger in scale than those found in the C -1 district. (Ord. 1247 Sl(part), 1982). 18.30.020 Principally permitted uses. In the C -2 dis- trict, no building or land shall be used and no building shall be erected, altered, or enlarged, which is arranged, intended or designed for other than the following uses: ( 1) Any principally permitted use in the C -1 district; ( 2) Auto repair shops; ( 3) Automobile or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers nor sale of used parts is allowed; 18.30.020 ( 4) Barbecue stands; ( 5) Cocktail lounges when in association with a restau- rant facility; ( 6) Billiard or pool rooms; ( 7) Bowling alleys; ( 8) Bus stations; ( 9) Business or commercial schools; (10) Cabinet shops or carpenter shops employing less than five people; (11) Car washes; (12) Commercial photography; (13) Confectionery manufacturing, in conjunction with retail sales, not to exceed twenty thousand square feet; (14) Convention facilities; (15) Data processing and record storage facilities; (16) Drive -in restaurants; (17) Feed stores (no grinding); (18) Funeral homes or undertaking establishments; (19) Furniture sales; (20) Garages (public) ; (21) Hotels; (22) Job printing, newspapers, lithographing and pub- lishing; (23) Commercial laundries; (24) Medical and dental laboratories; (25) Miniature golf courses; (26) Motels; (27) Nightclubs or taverns; (28) Package liquor stores; (29) Pet shops, if entirely within a building; (30) Planned shopping center (mall), provided the gross leaseable floor area is less than three hundred thousand square feet; (31) Skating rinks; (32) Telephone exchanges; (33)• Theaters, provided that adult motion picture theaters are prohibited within the area circumscribed by a circle which has a radius consisting of the following dis- tances from the following specified uses or zones: (A) In or within one thousand feet of any R -1, R - 2, R -3, R -4, or RMH zone district, (B) One -half mile of any public or private school with curricula equivalent to elementary, junior, or senior high schools, (C) One thousand feet of any public park, (D) The distances specified in (A), (B), and (C) above shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated; 263 (Tukwila 8/32) Sections: 18.34.010 18.34.020 18.34.030 18.34.040 18.34.050 18.34.060 1 -- 18.34.020 (34) Tire and battery shops; (35) Upholstery and furniture repair; (36) Wholesale or retail sales offices or sample rooms, with less than fifty percentage storage or warehousing; (37) Other retail business activities of a regional character such as those enumerated above and not included in any other classification. (Ord. 1247 S1(part), 1982). 18.30.030 Accessory uses. Uses and structures custom- arily appurtenant to the principally permitted uses, such as those stated in Section 18.28.030 for the C -1 district. (Ord. 1247 S1(part), 1982). 18.30.040 Conditional uses. General conditional uses as specified in Chapter 18.64 require a conditional use per- mit from the city. (Ord. 1247 S1(part), 1982). 18.30.050 Height, yard and area regulations. In the C -2 district, the minimum dimensions of lots and yards and height of buildings shall be as specified in Chapter 18.50. (Ord. 1247 §1(part), 1982). 18.30.060 Parking regulations. Parking regulations shall be as provided in Chapter 18.56. (Ord. 1247 §1(part), 1982) . Chapter 18.34 C -P DISTRICT -- PLANNED BUSINESS CENTER Purpose. Principally permitted uses. Accessory uses. Conditional uses. Height, yard and area requirements. Parking regulations. . 18.34.010 Purpose. The purpose of this district is to provide an area appropriate for a planned business center. (Ord. 1247 S1(part), 1982). 18.34.020 Principally permitted uses. In the C -P dis- trict, no building or land shall be used and no building shall be erected, altered, or enlarged, which is arranged, intended or designed for other than any principally permitted use in the C -2 district, provided planned shopping center (mall) may exceed three hundred thousand square feet of gross leaseable floor area. (Ord. 1247 §1(part), 1982). 264 (Tukwila 8/82) • OWNER REZONE ;APPLICATION 3. APPLICANT :* Name: 1. BRIEFLY DESCRIBE YOUR PROPOSAL: Annexation of -parcel of proper3 2. PROJECT LOCATION: (Give street address or, if vacant, indicate lot(s), block, and subdivision; or tax lot number, access street, and nearest intersection) 13530 53 1112 Ave. 5•) Vecen4 land; Tax I o+ # 004,300 -6o 218 -ID t n of She v► + Don whim (Ii!iwt *a 1n4ersec}iort pniAve: 1 f re OW AVt.S Quarter: 5r/, Section: jy Township: 43 l4, Range: WE v ,,iA , (This information may be found on your tax statement.) Soh n C. 'SA rentie r Address: gib Lo u ' s t . 3' rencier 70. I n t R 3 8 i TuKCA. q$198 Pho e: 44. - S3 Signature: Date: ,V'V. 15, /0 * T pplicant is the person whom the staff will contact regarding th application, and to whom all notices and reports shall be sent, unless otherwise stipulated by applicant. 1 Plctse Cris CrcA.vAbau, •1 3 15J:115 frOit Ave. 5. Tulcu ll: 9soes AFFIDAVIT OF OWNERSHIP 4. PROPERTY Name: - Z - 061 C.. Slr aft tier Address: 415 1A1. Disk e-r Sf . v Sea.# (1- VIIL. Phone: 2 g3 - Zz I /WE,Esignature(s)] 4 C swear that I e are th- owner(s) or contract purchaser(s) of the property in •lved in this application and that the foregoing statements and answers contained in this application are true and correct to the best of my /our knowledge and belief. Date: /Nd✓bmer 15, /?'Q7 REZONE APPLICATION Page 2 5. WHAT IS THE CURRENT ZONING OF THE PROPERTY? It G Q.Iht a 1 6 - . 6. WHAT IS THE SIZE OF THE PROPERTY? flppcoj .71 fo .73 ac.. 7. WHAT ZONING CLASSIFICATION IS REQUESTED? C -2 8. WHAT IS THE COMPREHENSIVE LAND USE MAP DESIGNATION1.06{ GIe.r from map ■ REZONE CRITERIA: appebr - 4* ht. p�fYan cs,M,ereial evict por41vv' Solt' .60+,64 — *N Irt ss Ie f ehAty • The burden of proof in demonstrating that the change is appropriate lies solely upon the proponent. Generally, the more dramatic the change, the greater will be the burden of showing that the proposed change is in conformance with the Comprehensive Plan as implemented by the Zoning Ordinance. The proponent must show in a clear and precise manner why the rezoning application should be granted. The Planning Commission and City Council will review your proposal using the following criteria. You may attach additional sheets and submit other documentation to support your rezone application. 9. The use or change in zoning requested shall be in conformity with the adopted comprehensive land use policy plan, the provisions of this title, and the public interest; 11 t RESPONSE: See, Corp ?le s�wlev cL,e.s+ pjIice ltcn . ant I'e ues Cow?. 1.4c.A4 dncl our cle c ms vS -fin *44 € p 4fC41 saep —#' Q c1ve.h(e Sb - ire+ 2etit cc wild! be Ccxs i c ..w4r wvk -1 Ira.# ple" . chasge eons;s - iref 'tLa. Z r %" cock •I no putr,i . % %Ie resit 10. 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 and its relationship to surrounding areas as set forth in the application form; RESPONSE: 146 CitUdopmeAA props eel e+ "Hu 4/14e. 744 is is e po $ed, 04 +44 41 1 L+ ani a to t 4rc 4w!! s.4e p is h iS M 11. 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. To respond to this criteria, obtain a Comprehensive Plan Amendment Applica- tion and submit in conjunction with Rezone Application. _I ti dt4 best. d.ht.. qY> st�4�.' t7v7. T�". r`. YSt^ 2e:.".,; nL,, s: X�•. �:, r. '."`.`.�s4fi',':',..,'i:;'�i..., .. REZONE APPLICATION Page 3 12. Significant changes have occurred in the character, conditions or surround- ing neighborhood that justify or otherwise substantiate the proposed rezone. RESPONSE: This h no+ a re- tone . 2onieti upon annexa4+on of parcel +o 0441. Col L!eu1 J has CXlsIii 24)n.b1 of en a poi44n and Rm 2,'o6 on a por -Sian . Classta aaron +o c-42 a+ Are C INges WiwJ have octurce1 a 5 file4411 'Rom' ej v jarteI is Vrsue.shM r a A' . • ant • ti. b • n sore _ f Cour as I? fa o ti{,s • 1argc Mc apar%.w+a+d conepk.% +o tht So4444. rvcresse trvr c. op. 7M4& urben. 13. The proposed rezone is in the best interest of the public health, safety, and welfare as compared to the hardship, such as diminution of property value, imposed on the individual property owner. RESPONSE: ° t " � ' ,s peeensa) u1ail ckrn -up a4•11i1 bau „chases . Brisi +c,, bast 1hk c.4 i4 make. parcels more uteab1e so load clttitlop w+an4 way otcour . ss tu+t•s:s hod itf.tk far k N' Rode to hof4I . Mt./ reswi+ IA pvoferitt betel i&i#ravt sevwa4si+! th (in ure e.. kelp one 4n9.erLooc 4o t w,prove . D4 +t i. t kt. bes4 ■•,igmf t �I�c. ktA i th s c ly a hd we 4 re 14. The unimproved subject property is unsuitable for the purpose for which it has been zoned considered in the context of the length of time the property has remained unimproved and land development in the surrounding area. RESPONSE: .-- RepALA 1 his ter/lewd i.tsieutl oprel a 101 4n.e • T4 &weal C(eKele /0 1 wpr . hw ; ur beM dreg is .11 ar4.14:1 0 Iw +rave a4.4 be crw►t a v ie e e o F beaudy .(or -f1,; will Help 41 area q .4 a«Jsy 4r 1ol•1i,4 told 414 larsf Pt' /fresh o f Yi pnrpeeli eNd 04 oh. (29 /MB.REZONE) . SURVEYORS CERTIFICATE MIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY MK OR UNDER MY DIRECTION IN CONFORMANCE WITH THE rislymmENTs OF THE SURVEY RECORDING ACT. ATTHIE REQUESTOF / 42041 REGISTERED WIND SURVEYOR ' 1-• NO RECORDING CERTIFICATg FILED POR REC04 BY ml/I---DAY OP Is-A.1:1 AT MINUTES PA17--.-D AND RECORDED IN VOLUM/L----OF 'IN PAG RECORDS OF -COUNTY. WASHINGTON. 1) I t , GROUP FOUR , Inc . .19707 440i AvenusWest Lynnwood, Washington 98038 208 775-0 Enema. flAIlNIHt 11.01.01aNT ' DIM ST Al. Now NW) anon SY APPROVED IT iffeard Of aflir/ tICRIDIA' IMO as ammo , rams; gm, 91/11 1716 teNYTI WANIN670/Y ..- ' . '• •'''''"'`'' • • • -•. • .• •-•;• : -,.‘.• - •..] , ."•:,. .;..,:i . et.. 1 ;. , ;'.; . . ' • Ft, "• ' : . ..,t., '.tft,,...!ti:7•.'3•A`,"•;;t4tt't•Vttt..:Itttt.;tt.,„y,,,-,...,tttt.,•, T• ..,,......„, • tt....,,,,,,,, 1111111111111111111111111111111111111111111111111111111 ...., ' 9 • 10 • 11 .........* 12 111 l 0 t”....... 1 \t I F.•THIS 141610FILMED DOCUMENT. IS LESS ,• , ,i •.„ 1 i L i A , R u •T A FI L IP T l y %Tll ti sNi2 A TT r E IT08..012u1TIE TO ,' \ • I j I . L 9 9 t. • . . niltimpirmpapp Inn f!nlginifiggin , Mg!' — )11 ii iii I gi 1 1 . OS KC B L 9Z 77 • t 4; : • 7, • • • . „ • • ;;Ltntttt. DATE FILE NUMBER PROJECT NAME ADDRESS APPLICANT L CROSS REFERENCE ACTION 1/13/87 87 -1 -SMP I -405 HOV Improvements (ADj ]~ CN -83 -337 . / /m /e7 Sy 47 i 4116T/td1) 0g// X17 54''4ii71 ' elevAltd. 8 r h1P ":97-/ a 4,,6 -, '0:7 -3 ° „,,,,iiic, P.44vibGds Si 9 s #K Co lam. Sc446 et/hc t6b•4 I 437 / 44$/81 87 - - 4 - s SCC"A6( - 87 ( s;, OF ln/ ra2s4,cno;� OF 5CC -Ate Par✓ bRiu(- C-- A M .A • 5c6,466” LVKG-8 -87 ls uc / D Pdrll'ir7 7/07 87-5-50 t15.5PIQ /A/7 * S N ' CP �� o. u/ RP/e./5.8 7 746/67 87-6 - 0, Kite fOr r Dorf � s Y //I� tei✓Arrorezr3 ��e as • as 87 -a DR. 1(4/8 e7 - giVOZ- a O SGi. GOk'.NGx O P So. (8O a SpOZ,eY 6 /44/vsc�au ( 10-87 e /r_ �2 tSS�G� 11/4/07 87-13W1 G2 Z ; SOD.-000 " - � l z. R.o w Y � rJfJA &. C�YdG�iTl Rtt1�iY1� rouc c.. s7 /Q IZ /17l ✓ b �J �i `l 7�! - ��l e . � du SavtKCpviwe rcua oreostre . 7we Fr: Dc r elN7zA'cr C AST /C.GG C ,•... t (DAv'D PA(2Kee) $7 —/4-3k Ef(c-31-87 15Suc1D i S/If( "so,. 11 el • SHORELINE PERMIT LOG - 19871. •SMP /SMPR) /Q9 ta.1 • .