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HomeMy WebLinkAboutPermit 85-15-R - CITY OF TUKWILA - MCMICKEN HEIGHTS ANNEXATION REZONE85-15-r 85-16-CA MCMICKEN HEIGHTS ANNEXATION REZONE To: Rick Beeler From: Moira Carr Bradshaw Date: 3 August 1990 Subject: Digiovanni Site I have reviewed the City's Master File of permit applications and find no record of any applications by Mr. Digiovanni or for any applications for the subject site 4220 S. 164th Street. I also checked the Permit Kroll Map and find no files listed for the site. In reviewing the annexation Comprehensive Plan Amendment and Initial Zoning Files for McMicken Heights, I see the following actions: In March of 1985, a request was made to BALD for any building or land use records for the annexation area. They responded that they needed addresses in order to follow -up on our request. We provided them with a map and information such as roads with address ranges. In May of 1985, we found that a building permit was awaiting pick -up by Mr. Digiovanni for a 21 unit apartment at the subject site. The permit was awaiting payment for a $4,000 landscaping bond and a $21,000 parking and drainage bond. All of this information however came after the area was annexed on February 28, 1985. King County no longer appeared to have authority to issue the permit. Mr. Digiovanni did speak at the hearings for the Tukwila Comprehensive Plan Map amendments and Initial Zoning. Staff did recommend a comprehensive plan map designation of Office and a PO zoning district for the site. The Planning Commission however maintained the existing Comprehensive Plan designation of low density residential and R -1 -7.2 zoning. The above staff recommendations would be the only representation that condominium units could potentially be allowed on the site. As the process is legislative, any indication that Mr. Digiovanni could with certainty develop the site with apartments would have been premature and therefore not given by staff. Plaintiff, Defendants. MARSILIO DIGIOVANNI, VS. CITY OF TUKWILA, a municipal corporation, in King County, and KING COUNTY, a municipal corporation, Com & Pet Writ Certiorari Inverse Con & Damages - 1 Plea.5 Digiov.com L S (D r-g i1 Y l CITY OF T(j WiLA CITY CLEIKS i ; ;FFICE IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY NO.85 -2- 14656- COMPLAINT AND PETITION FOR WRIT OF CERTIORARI INVERSE CONDEMNATION AND DAMAGES UNDER CIVIL RIGHTS ACT OF 1871 AND 42 USC 1983,1988 COME NOW plaintiffs and for their complaint and petition for Writ of Certiorari, Inverse Condemnation and Damages under the Civil Rights Act of 1871 and 42 USC 1983, 1988, respectfully show the court as follows: 1. That the defendant, City .of Tukwila, is a municipal corporation, organized and existing pursuant to the laws of the State of Washington, within King County, State of Washington. 2. That defendant, King County, is a municipal corporation organized pursuant to the Charter under the laws of State of Washington. 3. That Marsilio DiGiovanni is the owner of real property located in King County, within the boundaries of properties newly annexed to City of Tukwilla on or about February 28, 1985, under Ordinance 1343. Said DiGiovanni property is located within the McMicken Heights annexed area, which is generally bounded on the north by SR 518A, on the west by 42nd LAW QFIIG DERRILL T. BASTIAN 330 FIRST INILFISTATE bANK BUILDING 3405 188TH STREET S W LYNNWOOD WASHINGTON 98036 1:061 775 6601 J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Ave. S., on the south by S. 164th Street, and on the east by 51st Ave. South. The street address of the DiGiovanni property is 4220 and 4230 South 164th Street and legally described as: Beginning at a point on the north line of section 27, township 23 north, range 4 east, W.M., in King County, Washington, distant north 89 59'10" west 2306.10 feet + from the northeast corner of said section 27; and running thence south 0 15'50" east 610.80 feet to the true point of beginning of this description; thence continuing south 015'50" east 580.8 feet; thence north 89 59'10" west 150 feet; thence north 0 15'50" west 580.8 feet; thence south 80 59'10" east 150 feet to the true point of beginning, (being known also as tract 37, block 5, McMicken Heights Div. No. 2, according to unrecorded plat thereof) situated in King County, Washington. Less County roads. 4. That in the month of January, 1984, plaintiff, DiGiovanni applied to King County for the issuance of a building permit to construct a 21 unit building upon his property which at the time of submission of the application for building permit was zoned RM900 and RM2400 under the King County Zoning Ordinance which zoning permits and authorizes the construction of a 21 unit apartment house structure. King County gave the application for building permit NO. C84 5416. 5. That by October 9, 1984, the building permit was duly processed by King County and it was ready to be issued. 6. That during the period of time herein alleged plaintiff had a sale for a portion of his property for the sum $220,000.00. The sale was for cash subject to the issuance of a building permit authorizing the construction of 21 unit apartment house on plaintiff's property. Com & Pet Writ Certiorari Inverse Con & Damages - 2 Plea.5 Digiov.com LAW OFFICES DERRILL T. BASTIAN 330 FIRST INTERSTATE BANK bUILUINU 3405 166TH STREET 5 W LYNNWOOD WASHINGTON 46036 12061 775 6601 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Com & Pet Writ Certiorari Inverse Con 8 Damages - 3 Plea.5 Digiov.coa 7. That on or about February 19, 1985, by Ordinance 1343 the City of Tukwila annexed the McMicken Heights area, above described, to the City of Tukwila. 8. That as a result of the annexation, King County refused to issue the building permit to plaintiff claiming that the jurisdiction to do so was lost upon annexation to the City of Tukwila and that the permit must be issued by the City of Tukwila. 9. That the City of Tukwila has refused to issue the building permit to plaintiffs because the City of Tukwila was planning to and since has down -zoned the property of plaintiff's from RM- 900 and RH 2400 to single family residential zoning R- 1 -7.2. This re- zoning was done by Ordinance 1360 passed on August 19, 1985, published August 23, 1985, to become affective on August 29, 1985. 10. That the down- zoning of plaintiff's property, above described is illegal and void and was done in violation of law . and in violation' of plaintiff's rights of due process of law and is an unlawful taking of plaintiff's property without just compensation, all done in violation of plaintiff's civil rights and under color of law for the following reasons to writ: A. The RM 900 and RM 2400 zoning, which was placed upon plaintiff's property by King County was placed thereon, after careful study and in harmony with good, sound, planning and zoning principals. Therefore, the King County zoning placed upon plaintiff's property has the presumption of validity and the defendant City of Tukwila LAW OFFICES DERRILL T. BASTIAN 330 FIRST INTERSTATE BANK BUILDING 7405 IBBTN STREET S W LYNNWOOD WASHINGTON 90036 0.061 775 6601 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 must produce proof in sufficient measure to support down - 'eninq to R -1 -7.a "and the defendant, City of Tukwila, gust maks and enter findings of fact in conclusions supported by evidence in the record to support the down -zone from RH 900 and RH 2400 to single family R- 1 -7.2. B. That the defendant, City of Tukwila, could not and did not sake and enter findings of fact and conclusions to support the down- zoning which it placed upon plaintiff's property and the action of the defendant, City of Tukwila, in so doing, did not follow and adhere- to good, sound planning- and zoning principles and practices. In fact the City of Tukwila Planning Commission Staff Report, which was done by their professional planners in their initial report to the Planning Commission dated April 25, 1985, recommended to the Planning Commission and the City Council that an office designation or zoning (P.O.) which is equivalent to King County Zoning RH 900 and RH 2400 previously placed on plaintiff's property by King County, be placed upon the plaintiff's property. The staff made the following comment: "The purposed amendment follows a study of the newly annexed area of McMicken Heights. The office designation would appropriately classify land currently devoted to office use and act as a buffer between the commercial area and the low density residential areas." C. That the defendant City of Tukwila, by its action in down- zoning plaintiff's property to R -1 -7.2 has now placed the property of the plaintiffs next door or adjacent to Com & Pet Writ Certiorari Inverse Con & Damages - 4 Plea.5 Digiov.com LAW OFFICCi DERRILL T. BASTIAN 330 FIRST INTCHS BANn BUILDING 3405 ItlBrn ,TREEr SW LYNNWOOO WASHINGTON 98036 12061 775 6601 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Com & Pet Writ Certiorari Inverse Con & Damages - 5 Plea.5 Digiov.com LAW OFFILES DERRILL T. BASTIAN 330 FIH61 1NIENSIATL bANK bUIIUINL. 3406 I661■ STREETS W LYNNW000 WASHINGTON 96036 12061 775 6601 } ' .';.' properties zoned C -1 which is one of the least restrictive seeing categories in the Tukwila zoning ordinance. It allows uses such as the use which is now on the property next door to plaintiffs, i.e. a tavern or restaurant with a cocktail lounge. Defendants City of Tukwila thus expects and requires plaintiffs to place single family residiencesl next door to this restaurant or cocktail lounge= which = is completely unrealistic and in violation of all good-zoning and planning principles and therefore it is-not done in the interest of protecting and promoting the public health safety and general welfare of the people. It:is, therefore, arbitrary and capricious, null and void and it is an inverse condemnation of the plaintiff's property and property rights. D. Plaintiffs believe and therefore allege that during the hearing and zoning process conducted regarding plaintiff's property, that a member of the Tukwilla City Council was escorted to plaintiff's property by a citizen of the City of Tukwilla who was and is an advocate of the down -zone of plaintiff's property. That this member of the Tukwila City Council thereafter participated in the hearing regarding the zoning placed upon the plaintiff's property and became an advocate of the down -zone of the property of plaintiff before the hearing on plaintiff's property was completed and before the evidence was all in as to the down - zoning of the plaintiff's property. E. That this conduct of the member of the City Council denied plaintiff a fair and objective hearing before an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Com & Pet Writ Certiorari Inverse Con & Damages - 6 Plea.5 Digiov.com impartial tribunal. It denied plaintiff's due process of law and resulted in the unlawful taking of plaintiff's property and property rights under color of law and it violated plaintiff's civil rights under the Civil Rights Act of 1871, 42 USC 1983, 1988. F. That plaintiff's in 1979 built a 5,000 square feet day /care center on the northerly portion of their property and, in connection therewith, also did extensive work and incurred considerable expense in preparation for building the 21 unit condominium complex such as insallation of fire hydrants and put in 650 feet of 8" water mains and water retention systems. The day /care center is an allowed use under the King County zoning RK 900 and RK 2400 zoning but it is nonconforming under the City of Tukwila R -1 -7.2 zoning. That the City of Tukwila made no findings of fact and conclusions showing the necessity or justification of down - zoning the day /care center and that said down -zone does and will decrease the flexibility of use of plaintiff's property and it will seriously depreciate the value of plaintiff's day /care center and will and does deny plaintiff due process of law and constitutes unlawful taking of plaintiff's property and property rights, under color of law and violates plaintiff's civil rights under the civil rights Act of 1871, 42 UCC 1983 and 1988. 11. That the refusal of King County to issue the building permit to the plaintiffs on the grounds and for the reasons LAW OFFICE DERRILL T. BASTIAN 330 FIRST INTERSTATE BANK HUILUINC; 34ob 1138th STREET S LYNNWOOD WASHINGTON 98036 12061 775 b601 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 that the property had now been annexed to the City of Tukwilla is wrong and unlawful because plaintiff's rights to have the permit issued were vested in King County before the annexation to the City of Tukwilla took place. Therefore, King County should be ordered to issue the building permit requested. 12. That the Tukwila Planning Commission Staff, in the Planning Commission Staff Report submitted at the first Planning Commission hearing recommended findings No. C and D as follows: C. The existing land uses proceeding north along 42nd Avenue South from the two corner commercial structures are a medical clinic, a single family structure and then a dental clinic. To the east there is a day care /preschool and an undeveloped lot. D. The proposed amendment would be to redesignate the subject areas on the map with Office, a more appropriate land use designation given the existing and surrounding land uses. (Exhibit C.) 13. The Planning Commission in its minutes dated June 24, 1985 entered the following: The corner of So. 164th Street and 42nd Avenue So. is currently developed with commercial uses. The intersection of 42nd Avenue So. and So. 164th Street and Military Road is heavily devoted to commercial uses and is zoned commercial on all four corners. The proposed C -1 and P -O districts will be compatible with existing commercial development in the subject area and with surrounding uses. The surrounding uses include several service stations, a restaurant, a strip commercial center with grocery, drug, gift and auto parts stores, dry cleaner /laundromat, and a hair salon. 14. In this finding, in paragraph 13, the Planning Commission recognizes the necessity of buffering the C -1 zoning with P -o zoning to make the uses surrounding the C -1 zoning Com 6 Pet Writ Certiorari Inverse Con 6 Damages - 7 Plea.5 Digiov.com LAW UfFICES DERRILL T. BASTIAN 330 TIHST INIEHSTATE BANK HUILUING 1.US IBBh, STREET ti W LYNNWUUO WASHINOIUN YNUJO I.UOI 77t b601 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Com & Pet Writ Certiorari Inverse Con & Damages - 8 Plea.5 Digiov.com rcompatiblev However, they apply the P.O. zoning to all properties surrounding the C -1 zoning except the properties of the plaintiff which they zone R- l -7.2, thus making and creating an unequal application of the laws. 15. That the action of the City of Tukwila and the City Council hereinabove enumerated are negligent and the approximate cause of plaintiff's loss of the sale of a portion of his property for the sum of $220,000.00. That the actions of the City of Tukwila amount to an inverse condemnation of plaintiff's property. These actions are also in violation of RCW Title 64. These actions of the City of Tukwila have caused the plaintiffs to suffer severe financial loss, loss of the benefit of their bargain, and the defendants have under color of law as hereinabove set forth subjected the plaintiffs to a deprivation of their rights, privileges and immunities secured by the constitution and laws of the United States in attempting to regulate the properties of the plaintiffs and restrict the use of their properties in violation of due process of law, causing the defendants damage and causing the defendents to expend monies by way of attorney's fees to defend themselves from the unlawful restrictions made in violation of their constitutional rights and in violation of the Civil Rights Act of 1871, 42 USC 1983, and 1988. WHEREFORE, plaintiff's pray as follows: L - ttrs City - - of- _to -- and deliver certified copies of the records and proceedings of this annexation and rezone proceeding and all of the documents within the City of Tukwila Planning Department pertaining to LAW UFFICES DERRILL T. BASTIAN 330 FIRST INTERSTATE HANK BUILDING 3405 188tH S TREET S W LYNNWOOD WASHINLirUN 98036 12061 77S 6601 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 this. annexxation_ and. rezone :. proceeding together with all ookrespondemas.and . other.. documents- used in connection with the decision rendered by the City of Tukwila in zoning the properties of the plaintiffs, together with any and all documents pertaining to the proceedings herein, together with a verbatim transcript of all public hearings conducted by the City of. Tukwila which have anything to do with the annexation and, resoning of plaintiff's - property in this matter. 2. That the court review the foregoing records and declare, if it finds it to so be, that the rezoning of plaintiff's property is illegal and void and not according to the laws of the State of Washington and not according to the Common Law and that the court enter an appropriate remedy and the court correct any and all erroneous and void proceedings and declare void any proceedings not conducted to the course of the Common Law or according to the law of the State of Washington and the City of Tukwila. 3. That the court enter an order declaring that service upon the Mayor of the City of Tukwila shall constitute service upon the City of Tukwila and all of its departments. 4. That the court should order either defendant King County or defendant City of Tukwila to issue to the plaintiff his building permit for 21 condominium units pursuant to King County Building Permit Application No. C84 5416. 5. For judgment against the defendant City of Tukwila for such special damages including costs of engineering fees and consultant fees and attorney's fees and for the loss of profit and for damages resulting from the loss of sale of plaintiff's Com & Pet Writ Certiorari Inverse Con & Damages - 9 Plea.5 Digiov.com LAW UFFILLb DERRILL T. BASTIAN 330 I'IHL F IN ILIIS IAI I IIANII UIIIt UINt. 340b IUbIN bINEEI b W LYNNWOOD WA5111NL IUN 9UO30 I.10bI 775 bo01 ,..;. nw :�MS- :^~x,.:r;.. .,.;•:xa -'? ...w,:4es5... 1 2 3 4 5 6 7 8 9 10 11 12 13 .14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 property caused by the actions of the City of Tukwila in down - zoning plaintiff's property and for damages resulting from the inverse condemnation of plaintiff's properties and for damages resulting from the violation of plaintiff's constitutional rights all done in violation of plaintiff's rights under the Civil Rights Act of 1871, 42 USC 1983 and for attorney's fees under 42 USC 1988 in such amount as will be proven at the time of trial, said amount to be determined by the trier of the fact after review of the evidence, but in a sum of not less than $1,500,000.00. 6. For such other and further relief as to the court may seem just and equitable. DATED THIS STATE OF WASHINGTON ) ) es. COUNTY OF KING ) Com & Pet Writ Certiorari Inverse Con & Damages - 10 Plea.5 Digiov.com day of September, 1985. Marsilio DiGiovanni, being first duly sworn on oath, deposes and says: That he is the plaintiff in the above - entitled action, that he has read the above and foregoing Complaint of Petition for Writ of Certiorari, Writ of Mandamus and for Damages, knowes the contents thereof and believes the same to be true. Ir Mar Elio ovanni SUBSCRIBED AND SWORN to before m= this / 42( - day of September, 1985. LAW uFEICES DERRILL T. BASTIAN 3J0 FIRS I IN I ERS TAME HANK BUILDING 3405 IHHtn S HELt S W LYNNWOOD WASIIINU fUN 91:103o .2UbI 775 6601 1 2 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 . 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Com & Pet Writ. Certiorari Inverse Con & Damages - 11 Plea.5 Digiov.com fAirie P ... t' ": n a. or 1 e a of Washington, residing at Edmonds. LAW UFFIC:1: -•' DERRILL T. • BASTIAN :: 330 TIRbr INTCRSTATE 11ANK,tlL111.0iNG 341)b Itltl1■ S11411. 1 b W LYNNWOOD WASNINVrON 90036 120111 775 6601' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY MARSILIO DIGIOVANNI ) ) Plaintiff, ) NO. 85 -2- 14656 -5 vs. ) ) ORDER TO SHOW CAUSE WHY WRIT CITY OF TUKWILA, a municipal ) OF CERTIORARI SHOULD NOT corporation, in King County, ) ISSUE and KING COUNTY, a municipal ) corporation, ) ) Defendants. ) ) Plaintiff's complaint and petition for Writ of Certiorari requiring the City of Tukwila to certify to this court its . records of the annexation proceedings wherein the properties of the plaintiffs were annexed to the City of Tukwila under Ordinance No. 1343 and wherein the properties of the plaintiffs annexed for rezone in conjunction with the annexation came on for hearing this day. Copy of the proposed Writ of Certiorari is marked Exhibit A, attached hereto and made part hereof. It appearing to the court that the defendant City of Tukwila should appear before this court and show cause, if any it has, why the proposed Writ of Certiorari should not issue. Order to Show Cause Why Writ of Cert. Should not Issue - 1 Plea.6 DiG.Sho LAW uU ILL1, DERRILL T. BASTIAN 330 FIRST INTERSTATE BANK BUILDING 7405 MINI NI ..TRIt I LYNNWUIIO WAO111NL,ILIN 413UJu 14061 775 6601 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 i 4 5 6 35 36 37 h I Q .QRDERED that the City of Tukwila appear before this court Department No. C.9N1 , on the "/ day of October, at, A• .m and show cause, if any it has, why the proposed Writ of Certiorari attached hereto as Exhibit A should not NOW THEREFORE, it is hereby err 1 T. Bast an issue. DONE IN OPEN COURT this k$ day of 1985. Presented by: Judge c. Order to Show': Cause Whyiour Writ of Cert. • Should nojssue at 2 : f::' • • .. . tif , gam...4t•"v::iAlli i• : •�.lJ. .. •. ♦.•' • •,.M�•�•. .IY•L • • ` ••• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Y. MARSILIO DIGIOVANNI, ) Plaintiff, ) ) vs. ) CITY OF TUKWILA, a municipal ) corporation, in King County, ) and KING COUNTY, a municipal ) corporation, ) ) Defendants. ) ) Writ of Certiorari - 1 Plea. 5 Digiova.wri IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY NO. 85 -2- 14656 -5 WRIT OF CERTIORARI THIS MATTER, having come on regularly for hearing before the undersigned judge upon plaintiff's verified Complaint and Petition for Writ of Certiorari, Inverse Condemnation and Damages the under Civil Rights Act of 1871, 42 U.S. 1983 and 1988,wherein the plaintiff asks this court to direct the City of Tukwila to certify to this court a full transcript and record of the annexation proceeding wherein the properties of plaintiff's were annexed into the City of Tukwila under Ordinance No. 1343 and wherein the properties of plaintiff annexed were rezoned in conjunction with the annexation and it appearing to the court that it is appropriate to issue an order requiring the City of Tukwila to certify such record for review. LAW OFFICES DERRILL T. BASTIAN 330 FIRST INTERSTATE BANK BUILDING 3405 180TH STREET S W LYNNW000 WASHINGTON 90076 12061 776.6601 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 NOW, THEREFORE, IT IS HEREBY ORDERED: That the City of Tukwila shall certify to the court forthwith and return to this court certified copies of its records as follows: 1. Copies of the records and proceedings of the City of Tukwila wherein the City of Tukwila did annex the properties of plaintiff into the City, City of Tukwila Ordinance No. 1343, together with the rezone proceedings wherein the properties of the plaintiffs were rezoned in connection with the annexation proceedings. That the City of Tukwila return all of the documents within the City of Tukwila and the City of Tukwila Planning Department pertaining to the annexation and rezone proceedings together with all correspondence and other documents used in connection with the decision rendered by the City of Tukwila in rezoning the properties . of the plaintiff, together with any and all documents pertaining to the proceedings therein together with a verbatim transcript of all public hearings conducted by the City of Tukwila and the Planning Commission of the City of Tukwila which have anything to do with the annexation and rezoning of the properties of plaintiff in this matter. 2. These records shall be certified and returned to the court so that the court may review the foregoing records and declare, if it find it to so be, that the rezoning of plaintiff's property was and is illegal and 'void and not According to the laws of the State of Washington and the Common Lair thereof and that the court make and enter an order granting an appropriate remedy and that the court may correct any and Writ of Certiorari - 2 Plea. 5 Digiova.wri LAW OFFICES DERRILL T. BASTIAN 330 FIRST INTERSTATE BANK BUILDING 3405 IBBTa STREET SW LYNNWOOD. WASHINGTON 90076 12041 775.6601 1 2 3 4 5 6 7 8 9 . 10 11 12 13 14 15 16 � 17 18 . 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 all erroneous and void proceedings and declare void any proceedings not conducted according to the course of the Common Law or according to the laws of the State of Washington and of the City of Tukwila. 3. That the 'court should, if it find plaintiffs are entitled thereto, order either defendant King County or defendant City of Tukwila to issue to the plaintiff his building permit for 21 condominium units pursuant to King County Building Permit Application No. C84 5416. It is further ORDERED that the City of Tukwila shall certify and return said record and said transcript to this court on the day of , 1985, in order that the court may review the same in accordance with the above. It is further ORDERED that service upon the Mayor of the City of Tukwila shall constitute service upon the City of Tukwila and all of its departments and officers and bodies of the City of Tukwila. DONE IN OPEN COURT this day of 1985. Presented by: Derrill T. Bastian Attorney for Plaintiff Writ of Certiorari.- 3 Plea. 5 Digiova.wri Judge /Commissioner LAW OFFICES DERRILL T. BASTIAN 330 FIRST INTERSTATE BANK BUILDING 3405 TWTHl race F SW LYNNWOOD. WASHINGTON 96036 12061 775 6601 City Councilpersons City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 JOEL E. HAGGARD ATTORNEY AND COUNSELOR•AT•LAW SUITE 2426, FINANCIAL CENTER 1215 FOURTH AVENUE SEATTLE, WASHINGTON 98161 (206) 682.5635 August 14, 1985 RE: Markham Property; R -4 Zoning Request Dear Councilpersons: OUR FILE NO: M -14060 We request on behalf of Bill Markham and his about 4 -acre parcel located at 15436 42nd Avenue South that you provide in your Comprehensive Plan and zoning that a) the property be classified as R -4 subject to the terms and conditions in Attachment 1; or b) the property not be zoned at this time but the Comprehensive Plan and zoning for this parcel be referred to Staff or to the Plan- ning Commission for processing under the zoning code provision for amendments and not be barred by TCC SS18.84.030(a,c). The first approach provides for specific conditions upon development and public hearing review processes to assure the development is appropriate to its neighborhood. The second approach provides for a specific review of the Markham property during subsequent quasi - judicial pro- ceedings without being barred by your present action on the Comprehensive Plan amendments. We have also reviewed a lot of material supplied to us by the City on the present McMicken Height planning and zonine. Our thoughts follow. A. Comprehensive Plan Amendments The Planning Commission apparently made a rec- ommendation for Comprehensive Plan amendments. Based upon our review of all pertinent documents supplied to us by the City, the Commission's recommendation apparently was ;� City Councilpersons August 14, 1985 Page 2 not acknowledged or receipt date certified as required by RCW 35A.63.071. The Council apparently held a public meeting to discuss the Comprehensive Plan for McMicken Heights within 60 days of Planning Commission recommendation receipt. RCW 35A.63.072. The City has not provided by ordinance any time period within which action is to be taken on the Comprehensive Plan. Accordingly, the failure to establish a time period to act would require the City to act within 60 days. While the City may argue it has a reasonable time absent an ordinance, such argument is contrary to the statutory requirement of RCW 35A.63.072. The City has no authority to extend the time for action unless it follows the requirement of RCW 35A.63.072. Consequently, the Council is now precluded from taking any action on the Comprehensive Plan. This result applies regardless of whether the plan action involves the Markham property. A review of the Annexation /Comprehensiv,e Plan/ Rezone record supplied by the City discloses no SEPA documents for the Comprehensive Plan. This is contrary to law, i.e., RCW 43.21C.010 -.030, WAC 197 -11 -340. No action on the Comprehensive Plan amendments can be taken without compliance with SEPA. While the Attorney may argue that the Hayden v. Port Townsend, 93 Wn.2d 870 (1980) case may allow the functional equivalent of SEPA.documents to suf- fice, we would disagree on the basis of explicit SEPA requirements adopted subsequent to the Hayden case and on the basis that the SEPA policy supports full disclosure and review, not evasion of processes designed to implement such a basic policy. B. Rezone Proceedings The rezone consideration was initiated by an incomplete and unsigned application. If the Council is proceeding under TCC 518.84 the proceeding was initiated contrary to law. The record supplied by the City provides no confirmation that the Council referred the matter to the Planning Commission as required by TCC §18.80.010. The rezone process appears on its face as being improperly initiated. City Councilpersons August 14, 1985 Page 3 Y.: The rezones being considered are quasi - judicial in nature. This is reasonably inferred from the state- ments of one Council member and of the City Attorney at a recent Council meeting where the applicability of the Appearance of Fairness doctrine was discussed and said to be applicable. Such a characterization is also consistent with the reasoning of Woodcrest Investments v. Skagit County, 39 Wn. App. 622 (1985), since the land to be re- zoned by Tukwila represents a decision with localized applicability, i.e., about 6% of the total area in Tukwila for all zoning and much less than 1% for the Markham property. Mr. Markham has requested in the City's process a specific zoning of his property. The record discloses an unfair hearing of the site specific information. The present zoning process appears predeter- mined. On January 28, 1985 Chief James Adlsey of the first district wrote "The City Planner has said Crestview need not for any more multi - family developments, since Tukwila has enough now." The Staff analysis indicates the R -1 -7.2 zoning's purpose is to limit economic potential in developing land. And at least one Councilperson at a recent meeting (July 15, 1985) specifically stated the zoning should be what the people expected (Q. or were led to believe) before the annexation. All of this provides a distinct impression that the site specific considerations for the Markham property would be ignored and the entire area treated, as described by one Councilperson, with a broad brush. Such an approach is contrary to law and each property owner's constitutional and due process rights. This predetermination appears to have caused a broad brush review, instead of a site specific analysis. One Councilperson stated that they disagreed with the broad brush approach and the site specifics should be reviewed. Even Councilman Duffie admits that the Markham property is unique. Another Councilperson suggested that it would be OK for Markham to request a rezone later, presumably indicating that the present action should not bar such consideration. The value of such a subsequent proceeding is that a witness offering evidence may be cross - examined. As discussed below this is particularly necessary due to use of an apparently biased and an impermissible standard of public support to deny the Markham request. City Councilpersons August 14, 1985 Page 4 C. SEPA Compliance No SEPA documentation or process was followed for the Comprehensive Plan amendments. [Parenthetically, the Council should affirm that its action does not change nor revalidate the existing plan for the Markham property]. The Environmental Checklists appear not to have been reviewed or discussed by the decision - makers. If they had been it would be obvious that the checklists are so generic as to be misleading or as to fail to account for known factors that could influence their decision. For example, the entire rezone area is characterized as sloping somewhat from north to south. District subareas determined by topographic breaks are thus ignored. Free- way noise impacts are ignored even though such impacts may cause one to conclude that a) Commercial is a better use in the freeway corridor, or b) multi - family is better since noise mitigations are feasible for multi- family and not single family. The checklists do not relate to known and identified and admitted significant differences in uses and associated impacts (See June 24, 1985 Staff Report) between King County and Tukwila's codes nor identify the impacts of such differences as prohibiting mobile homes or townhouses which residents may now have. The checklist does not evaluate the impacts of alternatives, even though some (but not all reasonable) alternatives were identified for the Council in the Agenda Synopsis. Consequently, the Council may be precluded from considering reasonable alternatives since the City's SEPA process ignored the impacts of such alternatives. In short, the environmental checklist and resul- tant DNS's (for annexation and for rezoning) are so generic and wanting in reasonably available information specific to the proposal and its reasonable alternatives that SEPA's policy of full disclosure and consideration and SEPA Guidelines are violated. D. Appearance of Fairness As one Councilperson explicitly stated this is a quasi - judicial process and the Appearance of Fairness City Councilpersons August 14, 1985 Page 5 applies. The Council has affirmed this by inquiring about Appearance of Fairness concerns. At a recent Council meeting, one Council person disclosed he had visited the Markham property accompanied by an identified, highly vocal opponent of the Markham request. When the Council President inquired as to ob- jection to this, my client did not say anything. After discussing the matter with him, I have acquainted him with his legal rights of which he was not aware before that advise. Consequently he did not knowledgeably waive his objection. We specifically state such an objection and would request Councilman Duffie to step down from any further involvement in these proceedings. (However we doubt that even this will validate the remainder of the proceedings as applied to Markham's property; See Buell v. Bremerton, 80 Wn.2d 518 (1972)). We have a further basis for such a request. Mr. Duffie related that a survey he took of people in the area overwhelmingly showed opposition to apartments. He then said this is why we should put single family zoning on the property. Such a determinative basis for a rezone is directly contrary to Parkridge v. Seattle, 89 Wn.2d 454 (1978). Equally as difficult is that, on information and belief, the survey was not impartial or unbiased. The survey results take no account for the survey taker's statement of the issue or argumentative and perjorative manner of characterizing development concepts alternative to single family zoning. Consequently, the extremely sensitive balance between individual rights and public welfare required in a rezone does not here appear fair nor is it fair. See Fleming v. Tacoma, 81 Wn.2d 292 (1972). E. Consideration of the Record Even the City Attorney cautioned the Council about allowing a vote to be taken when at least two councilmembers have not considered the entire record. We are concerned as to two aspects of this. First, the Council did vote, with those two Councilpersons partici- pating in the discussion and voting, to instruct Staff to prepare the appropriate legal description, findings and conclusions to implement the Planning Commission recommen- dation. Based upon the coincidence between the views and Summary JEH /dm 1090D Enclosure n`a� ��, �,�.. �, yfv�:ri• ' ^*Y .. tcx:Ysso :r7t�,.x'S�1�.,,�r� .r f.'nt �;nn'" f'` =C' ''S.k n ^r � s' SaS�. .:�;ra City Councilpersons August 14, 1985 Page 6 cc: Mr. Bill Markham Jim Haney, Esq. Sincer oel Haggard votes expressed by those two Councilpersons, we would have to conclude that their subsequent review of the record would appear to be nothing but window dressing. Second, an objective and fair consideration of the record appears reasonably precluded by the views of the two Council - persons. Neither of the two should have participated in the voting. But they did. Both should be precluded from further infecting the process by any further participation in the proposed actions. This request is further based upon the Appearance of Fairness doctrine as well as con- stitutional principles of property rights, due process and equal protection. Specific consideration of the Markham property would support its designation as R -4 subject to the con- dition of Attachment 1. Howewver, if the Council were to decide it better to have further review of the Markham property so as to not hold up the McMicken Heights dec- ision, remanding the matter to the Planning Commission is appropriate. yours, 1094D ATTACHMENT 1 1. A maximum of 90 multiple family units may be developed on -site; except that if the property is developed as a Planned Residential Development (PRD) under the provisions of Chapter 18.46 of the Tukwila Zoning Code, the density bonus provisions would be applicable. 2. Ingress and Egress shall be from 42nd Avenue SE with emergency access only at the Loop Road or as may be required by the City Fire /Police Departments. 3.. The development shall provide for Landscaping, recreation areas and Children's play area in accordance with applicable city regulations. At least 25% of the required recreation area may be devoted to Children's playground uses. 4. A Natural Buffer shall be retained along the Freeway and the adjoining residential properties. 5. The Height of any structure shall not exceed 35'. 6. As part of the Building permit approval process, the developer shall submit the appropriate Soils, Traffic and Noise Data for city review. 7. The development shall be designed to reduce visi- bility from 42nd Avenue SE and to enhance aesthetic appearances from the Freeway. 8. As a condition of Issuance, of the Building permit for 90 units the developer shall remove the Legal Non - conforming Spray Paint Manufacturing Plant existing on site. 9. The development shall be terraced to conform to the Slope of the Land to minimize any View obstruction; and to be consistent with other Multiple Family projects existing along 42nd Avenue SE very near the Markham property. 10. The development shall be designed and constructed to meet all applicable Federal and City of Tukwila noise abatement standards. 1081D COUNCILMAN DOFFIE TRANSCRIPTION Councilman Duffie: Allright, I would like to say one thing about Mr. Markham's property Friday, I did go out and look at it, with Dennis Robertson and myself, we went out and looked at the property and I though it was a very unique type of property we have and we went through it. We made no comment on it and then due to fairness to the rest of the citizens this weekend I also took a survey by myself. I went up there Friday, no Saturday night and I was up there till ten o'clock, I think. I was up there yesterday until 10:00 and I was having the proposal going around for myself asking people about how they feel about apart- ments coming into the neighborhood. Now this is where I came up with and I'll give you my con- clusion . My survey conclude there was 5 for, 5 could care less, 47 no, one neutral, and there was several that were not home. And those people up there was very concerned about what was going on in that neighborhood and this is what they gave me as one of our people... I wanted the [sic] what the Council had for Tukwila told them when it was annexed into the area that everything east of 42nd there will be no apartment west of 42nd and I unfortunately was not on the Council, well maybe I were but I didn't understand that. But these people up there would like to let you know and that's what they're here tonight, to let you know how they feel about how the Council tricked them into come into a city and then we go around changing our laws. I think that they are here and maybe someone would like to speak and I would like to hear them speak on this problem because this is concern them I realize they have had a couple of hearings before on it and they was not here. Maybe this would be an appropriate time to hear the people voice their own opinion on this problem. I would like for myself would like to hear their problems, bring forth their questions to the Councilmen, and the Council hears what they have to say. CITY OF TUKWILA JEH /clh 07/10/85 WASHINGTON ORDINANCE NO /3b o AN ORDINANCE OF THE CITY OF TUKWILA, WASHING- TON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY ADOPTED BY ORDINANCE NO. 1247 BY ESTAB- LISHING ZONING CLASSIFICATIONS ON CERTAIN PROPERTY RECENTLY ANNEXED TO THE CITY AND COMMONLY KNOWN AS THE MCMICKEN HEIGHTS ANNEX- ATION. WHEREAS, the real property commonly known as the McMicken Heights Annexation and more particularly described on Exhibit A attached hereto and incorporated herein by this refer- ence as if set forth in full, was annexed to the City of Tukwila by Ordinance No. 1343, passed by the City Council on February 19, 1985, and WHEREAS, the Tukwila Planning Commission at a public hearing considered a final zoning classification for the subject property and made its recommendation to the City Council, and WHEREAS, the Tukwila City Council held a public hearing on June 24, 1985, at which all who were present were allowed to speak regarding the proposed final zoning classifications for the McMicken Heights Annexation area, and WHEREAS, on the basis of the testimony taken at the public hearing and the evidence received by the City Council, the Council, at a public meeting on August 19, 1985, adopted findings and conclusions in support of, and determined to establish the final zoning classifications for the McMicken Heights Annexation area as provided for herein, and WHEREAS, the City's SEPA Responsible Official has determined, and the City Council concurs that there is no signi- ficant adverse environmental impact as a result of the final zoning classifications, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Zoning Established. A. The official zoning map of the City of Tukwila, Washington, as adopted by Ordinance No. 1247 of the City, is hereby amended by establishing the zoning classification of R -1 -7.2 for the newly annexed real property described on Exhibit B attached hereto and incorporated herein by this reference as if set forth in full. B. The official zoning map of the City of Tukwila, Washington, as adopted by Ordinance No. 1247 of the City, is hereby amended by establishing the zoning classification of C -1 for the newly annexed real property described on Exhibit C attached hereto and incorporated herein by this reference as if set forth in full. C. The official zoning map of the City of Tukwila, Washington, as adopted by Ordinance No. 1247 of the City, is hereby amended by establishing the zoning classification of PO on the newly annexed real property described on Exhibit D attached hereto and incorporated herein by this reference as if set forth in full. Section 2. Duties of Planning Director. The Planning Director is hereby directed to effectuate the necessary amend- ments to the official zoning map of the City of Tukwila, Washing- ton, as authorized herein. Section 3. Effective Date. This ordinance shall be in full force and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this / �`J� day of g .cc • , 1985. ATTEST /AUTHENTICATED: CITY CLERK, MAXINE ANDERSON FILED WITH THE CITY CLERK: 6 / S PASSED BY THE CITY COUNCIL: £a /M9 /EIS` PUBLISHED: 8/d3 / 8.5' EFFECTIVE DATE: 61--7PS ORDINANCE NO. / n APPROVED: MAY•", GAR L. VAN DUSEN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY EXHIBIT A That certain property situated in the County of King, State of Washington, described as follows: Beginning at the intersection of the Tukwila City limits and the south right -of -way margin of State Highway 518; thence westerly along said south right -of -way margin of State Highway 518 to . the east right -of -way margin of 42nd. Ave South; thence south along said east right-of- way margin of South 164th Street; thence east along said south right -of -way margin of South 164th Street to the Tukwila City limits; thence northerly along said Tukwila City limits. to the south right -of -way margin of State Highway 518'and to the beginning. ZONE R -1 -7.2 CRESTVIEW EXHIBIT B This area lies in the northeast portion of Section 27 and the southeast portion of Section 22 T23N R4E Willamette Meridian. Beginning at the northeast corner of. Section 27; thence North 88 °42'38" West, 128.4 feet; thence South 0 °15'15" East, 30.0 feet to the THE TRUE POINT OF BEGINNING :. Thence continuing South 0 °15'15" East, 145.20 feet; thence South 8842 East 8.46 feet; thence South 01 °00'42" East, 118.20 feet at a point on the northerly right -of -way margin for South 161st Street; thence southerly across said right -of -way to a point on the southerly right -of -way margin for South 161st Street which.is 89.85 feet west of the westerly margin for 51st Avenue South; thence South 01 °00'42 ", West,118.20 feet; thence North 89 °59'10" West, 60.33 feet; thence South 00 °14'13" East, 72.6 feet ;thence North 89 °59'10" West, 175.85 feet; thence South 00 °15'50" East, 108.60 feet; thence South 89 °59'10" East, 162.91 feet (This point being 162.9 feet west of the westerly margin for 51st Avenue.S.); thence South 00 °14'13" East, 109.20 feet; thence South 89 °59'10" East, 0.5 feet; thence South 00 °14'13" East 145.20 feet; thence South 89 °59'10" East, 8.83 feet (This point being .153.84 feet west of the westerly margin of 51st Avenue South); thence South 00o14'13" East, 145.20 feet; thence North 89 °59'10" West 21.80 feet; thence South 00 °15'50" East, 145.20 feet more or less to the northerly margin of South 164th Street; thence North 89 °59'10" West along said northerly margin of South 164th Street to a point that As 150 feet westerly of the easterly right -of -way margin of 42nd Avenue South; thence North 00 °15'50" West, 435.6 feet; thence North 89 °59'10" West, 150 feet more or less to the easterly margin of 42nd Avenue South ;thence northerly along said east margin to 'the southerly right -of -way margin of State Highway 518, as condemned in King County S.C. Case No..713594 thence easterly along said southerly margin to the northerly margin of South 158th Street; thence westerly along said northerly margin to the west line of the east 1/2 of the southeast 1/4 of the southeast 1/4 of Section 22, T23N, R4E, W.M.; thence southerly along said west line to the southerly margin of. South 160th Street; thence easterly along said southerly margin to.the. TRUE POINT OF BEGINNING. ZONE C -1 CRESTVIEW EXHIBIT C Beginning at the northwest corner of the northeast1 /4 of Section 27 T23N R4E W.M.; thence southerly along the centerline of'•42nd Avenue South, 976.2 feet; thence South 89.59'10" East, 30 feet to the TRUE POINT OF BEOINNINO;: continuing South B9 °59'10 East, 150 feet; thence . South 00.15'50" East, 215.4 feet more or less to the northerly right -of -way margin of South .164th Street; then westerly along said northerly margin 150 feet more or less to the easterly margin of 42nd Avenue South; thence northerly along said easterly margin 215.4 feet: to the TRUE POINT OF BEGINNING. ZONE P -0 CRESTVIEW EXHIBIT D .Beginning at the northwest corner:of the northeast 1/4 of Section 27 T23N R4E W.M.; thence southerly along the.centerline of 42nd Avenue'South, 756 feet; thence South 89 °59'1O" East, 42 feet to the TRUE POINT OF BEGINNING ;. thence continuing South' 88 °42'38" East, 138 feet; thence, South OO.155O" East,.22O.2 feet; thence .North 89°59'1O" West, 138 feet more or less to the easterly right -of -way margin of 42nd Avenue South; thence northerly along said easterly. margin 224.2 feet to the TRUE POINT OF BEGINNING. CITY of TUKWILA JEH /clh 07/10/85 and WASHINGTON ORDINANCE NO. %-599 AN ORDINANCE OF THE CITY OF TUKWILA, WASHING- TON, AMENDING THE COMPREHENSIVE LAND USE POLICY PLAN MAP ADOPTED BY ORDINANCE NUMBER 1039, AS AMENDED BY ORDINANCE NO. 1246, TO CHANGE THE DESIGNATION OF CERTAIN PROPERTY PREVIOUSLY SHOWN AS LOW DENSITY RESIDENTIAL AND COMMERCIAL TO PROFESSIONAL OFFICE. WHEREAS, the real property commonly known as the McMicken Heights Annexation and more particularly described on Exhibit A attached hereto and incorporated herein by this refer- ence as if fully set forth was annexed to the City of Tukwila by Ordinance No. 1343, passed by the City Council on February 19, 1985, and WHEREAS, the City's Comprehensive Land Use Policy Plan Map designates that portion of the McMicken Heights Annexation property described on Exhibit B attached hereto and incorporated herein by reference as if fully set forth as "Low Density Resi- dential", and that portion of the McMicken Heights Annexation property described on Exhibit C attached hereto and incorporated herein by this reference as if fully set forth as "Commercial ", WHEREAS, the Tukwila Planning Commission at a public hearing considered amendments to the City's Comprehensive Land Use Policy Plan Map to designate the property described on Exhibits A and B as Office and forwarded its recommendation to the City Council that such changes be made, and WHEREAS, the Tukwila City Council held a public hearing on June 24, 1985 at which all who were present were allowed to speak regarding the proposed changes, and WHEREAS, on the basis of the testimony taken at the public hearing, the City Council, at a public meeting on August 19, 1985 adopted findings and conclusions concerning the proposed changes and determined that the changes should be made, and WHEREAS, the City's SEPA Responsible Official has determined, and the City Council concurs, the there is no signi- ficant adverse environmental impact as a result of the Comprehen- sive Land Use Policy Plan changes, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Comprehensive Land Use Policy Plan of the City of Tukwila, Washington, as adopted by Ordinance No. 1069 of the City of Tukwila, as amended by Ordinance No. 1246, is hereby further amended by changing the designation of certain real property legally described on Exhibits B and C attached hereto and incorporated herein by this reference as if set forth in full, from Low Density Residential and Commercial, respectively, to Office. Section 2. The Planning Director is hereby directed to effectuate the necessary amendment to the Comprehensive Land Use Policy Plan Map of the City of Tukwila, Washington, as authorized herein. Section 3. This ordinance shall be in full force and effect five (5) days after passage and publication in the City's official newspaper as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this /9 day of ae-f ATTEST /AUTHENTICATED: , 1985. IT C ERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY FILED WITH THE CITY LER PASSED BY THE CITY COUNCI PUBLISHED: 5/,23/6. EFFECTIVE DATE: 6/Z9 /8S ORDINANCE NO. /2.$7 0/85 s//9/8 2 MAYOR, GARY L. VAN DUSE APPROVED: EXHIBIT A That certain property situated in the County of King, State of Washington, described as follows: Beginning at the intersection of the Tukwila City limits and the south right -of -way margin of State Highway 518; thence westerly along said south right -of -way margin of State Highway 518 to the east right -of -way margin of 42nd. Ave South; thence south along said east right -of- way margin of South 164th Street; thence east along said south right -of -way margin of South 164th Street to the Tukwila City limits; thence northerly along said Tukwila City limits to the south right -of -way margin of State Highway 518 and to the beginning. EXHIBIT B OLD RESIDENTIAL ZONE CRESTVIEW Beginning at the northwest .corner of the northeast 1/4 of Section 27 T23N R4E W.M..; thence southerly along the centerline of 42nd Avenue South, 756 feet; thence.South 89 °59'10" :East, 42 feet to the TRUE POINT OF BEGINNING; thence continuing South 88 °42'38" East, 138 feet; thence :South 00°15'50" East, 145.2 feet; thence North 89 °59'10 ".West, 138 feet more or less to the easterly right -of -way margin of 42nd Avenue. South; thence northerly along said easterly 145.2 feet to the TRUE POINT OF BEGINNING. Beginning at the northwest corner of the northeast */.4 of Section 27 T23N R4E W.M.; thence southerly along the centerline of 42nd Avenue South,. 901.2 feet thence South 89 °59'10" East, • 42 feet' to the TRUE POINT OF BEGINNING; thence continuing South 89 °59,'10" East.,; 138 feet; thence South 00 °15'50" Eas feet; thence. North 89°59'10" West, 138 feet more or less to the easterly margin'of 42nd Avenue South; thence northerly along-Said easterly margin 75 'feet Tare or less to the TRUE POI BEGINNING. 16234 CRESTVIEW CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT (REVISED June 24, 1985) AGENDA ITEM . 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT INTRODUCTION The McMicken Heights area was officially annexed into the City of Tukwila on February 28, 1985. The area is approximately 187 acres and is bounded on the north by State Route 518, on the west by 42nd Avenue South, on the south by South 164th Street and on the east by the former Tukwila corporate limit. This proposal is to amend the City's official zoning map to include Tukwila zoning classifica- tions appropriate for the newly annexed area. The following findings and conclusions are revised to reflect the recommendation of the Planning Commission and public testimony heard at its meeting on April 25, 1985. FINDINGS A. The area referred to as McMicken Heights in Ordinance No. 1343 was effectively annexed into the City of Tukwila on February 28, 1985. The City is proposing Tukwila zoning classifications R- 1 -7.2, Single Family Residential; P -0, Professional Office; and C -1, Community Retail Business. These are proposed because they are districts which most closely compare with the existing land uses, the former King County zoning classifications, and /or the City's Comprehensive Land Use Policy Plan. B. All City lands not zoned according to the classifications of TMC 18.08.010 on the official zoning map are considered unclassified. Unclassified property is regulated by the restrictions and regulations of the R -1 -12.0 zone. C. Change of RS -7200 to R -1 -7.2 (Single Family Residential). Effects of the proposal on properties formerly zoned King County RS -7200 (Single Family Residential) and the proposed Tukwila zone R -1 -7.2 (Single Family Residential) would be as follows: Permitted Uses This change in zoning will change the treatment of, as well as decrease, the number of permitted uses that were formerly allowed under the King County RS -7200 zone. - Public libraries - Public museums or art galleries - Fire and police stations - Public utility stations or substations - Transit shelter stations -Water towers Page -2- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 Tukwila's R -1 districts permit only single family units and public parks and playgrounds, not including golf courses, amusement parks or commerial recreation and would permit the following as Conditional Uses: Conditional Uses - Churches (not permitted in converted residential buildings or structures in this district) and community center buildings - Public schools, preschool, elementary, junior high schools, and private schools with curricula equivalent to public, elementary or junior high schools In contrast to the uses listed above, the former King County RS -7200 permitted in addition to single family units, townhouses, individual mobile homes and the following nonresidential uses: -Art galleries and museums, when located in a public park or on a private school site - Churches, provided they meet certain conditions -Golf courses, private or public, including clubhouses, accessory driving range, pitch and putt courses, provided they meet additional conditions - Schools, elementary, junior high and high, and junior colleges, public, private or parochial; provided they follow specific conditions - Libraries, publicly operated - Parks, publicly owned and operated Except for golf courses, townhouses, and individual mobile homes which would not be permitted after the proposed rezone, the nonresidential uses listed above as permitted in King County would require a Conditional Use Permit in Tukwila. The purpose of a Conditional Use process and permit is for public c Page -3- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 Rear Yard Height review of unusual or unique types of land uses relative to their impact on the neighborhood and land uses in the vicinity. The King County Zoning Ordinance also permits a two - family dwelling in an RS classification when a lot has a sideline abutting a lot or lots classified for RM -2400, RM -1800, RM -900, B, C, or M. Three lots, all currently developed with single family structures, were adjacent to the above listed zoning districts and lose the potential ability to redevelop with a two family unit. The proposed Tukwila R -1 -7.2 zone would also eliminate some of the accessory residential uses permitted by the County. The most significant being the following: - Accessory living quarters - Accessory dwellings - Foster family day care home, twenty -four hours -Day nurseries for a maximum of twelve (12) children under certain con- ditions Height, Setback and Yard Requirements There will be slight changes in height, setback and yard regulations. As the table below outlines, Tukwila's R -1 -7.2 district is less restrictive in lot width by 10 feet and more restrictive in front and rear yard setbacks, 10 and 5 feet respectively. Minimum lot size Minimum lot width Front Yard Side Yard TABLE I King County Tukwila RS -7200 R -1 -7.2 7200 7200 60 50 20 30 5 10% of lot width min. 4 feet, max. rq'd 8 ft. 5 10 30 30 D. Change of RM 2400 (Medium Density Multiple Dwelling) and RM 900 (Maximum Density Multiple Dwelling - Restrictive Service) to R -1 -7.2 (Single Family Residential). Page -4 Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 Two lots fronting on 164th Street will be affected by this recommendation. One lot is developed with a child care center and the other is undeveloped. The recommended R -1 -7.2 zone would preclude any use but single family units and the conditional uses as listed in Section C of this report. The child care center would become a nonconforming use and would be prevented from any future expansions. The undeveloped lot formerly had two zones, RM -900 and RM -2400, which would have permitted RM -900 and RM -2400 uses, such as, offices or multiple family dwellings, on the respective halves of the lot. (See Section E.) The lot, which measures 180.40 by 150 feet, had 13530 square feet of RM -2400 and 13530 square feet of RM -900 zoning. (See Map I). The residential density allowed on the lot would have been 20 units. In contrast, the recommended R -1 -7.2 zone would permit a maximum density of three single family units. (The mini- mum lot width of 50 feet may not be available for a third lot, depending on.a possible easement along the east lot line.) Page -5- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 E. Change of RM -900 (Maximum Density Multiple Dwelling- Restrictive Service) to P -0 (Professional and Office). toe' ISO KiN1 Co. 75 a ivy �h �. _.__..r._ Stale tic 100' T �ONIN, ,O rt 0, Cv 90 S e9- 59•IoE. mmLOT 3 . % C. N 90 0 tti P. o N 0o LOT 2 0 2 1.. °" h4 P9 -.a 4 ; 4 4: 99 t 7.";) ^� 90 oa'1 it) 'Y 4 LOT 1,,. c l e •• 90 eco Page -6- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 The proposed P -0 district would encompass three lots as outlined below: �+ J J 0 0 r C V N So • 4�e /38 A2 k , 0 ; . + „' LOT3 q •1 ,�4 o ∎ �� ' a c h 4,A i W 's° , r ' K I- 72 , N y0 1. • { r , J N N v , N. G ' N oo LOT 2 0 o a. 4q P9- 59•1oW 0 N. — C .. J. o °. t a r o01 t 0 c ^�. Q, TV a_ nZ L I$ LOTIPu o ` 40 .. y .3d ISO 0 r C S /6 ST 'S7'.';:,fi =: J,'.. n. .. n' -il i��. p his. �:.'" -.. it:k' seals . 1l4% lot T 'PAOSP 5E12 "ILA PUNII II& a i41 N I 0 s e9 - 5,•IDE, Page -7- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 •v Permitted Uses The more restrictive Tukwila P -0 zoning classification would accommodate the existing uses - a dental clinic with 2 dentists, a medical clinic and a single family unit. The zone also permits the following uses: 1) Any principally permitted use in the RMH (Multiple Residence High Density) district; 2) Medical and dental offices; 3) Administrative, professional and business offices provided that no storage or warehousing of goods held for distribution for wholesale or retail sale shall occur on the premises; 4) Accredited or licensed schools and studios for education or self- improvement; 5) Administrative headquarters of professional associations and labor unions provided the building and premises are not intended for union membership meetings; 6) Governmental offices, but not including police and fire stations. Conditional Uses 1) Banks, savings and loan institutions and automatic /electronic fund transfer facilities; 2) Retail sales, as part of a planned mixed -use development as provided in Chapter 18.48 where at least fifty percent of the gross leaseable floor area development is for office use. Drive -in restaurants, services sta- tions, drive -in cleaning establishments and other similar automobile - oriented retail establishments are not permitted; 3) General conditional uses as specified in Chapter 18.64. The former King County zoning classification, RM -900, permitted hotels, motels, private clubs, day nurseries under certain conditions with no limit on the number of children, fraternity and sorority houses, mobile home parks (minimum 3 acre area), hospitals and research and testing laboratories, all of which would be eli- minated in the proposed Tukwila P -0 district. Page -8- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 Table II RM 900 (King County) Minimum lot area 7200 Minimum lot area per dwelling 900 Lot width 60 Height 35* Front Yard 20 (15 if adjacent to a commercial district) Side Yard 5 Rear Yard 35 25 10 10 *The height may be increased by one foot for every and each additional foot of increased yard setback. F. Change of B -N (Neighborhood Business) and RM -900 to C -1 (Community Retail Business) Tukwila's C -1 District is a restrictive retail district, designed to serve the surrounding community and local population. Two lots, occupied by a restaurant and a building with a hair stylist and vision clinic, are proposed to be included in the C -1 district. The following uses would also be allowed: Permitted Uses 1) Any principally permitted use in the P -0 District; 2) Artists' studios; 3) Bakery or pastry shops (retail only); 4) Banks; 5) Beauty or barber shops; 6) Bicycle repair shops; 7) Book or stationery stores; 8) Clinics, for people only; 9) Clothing or ready -to -wear stores; 10) Confectionery stores; 11) Dancing schools; 12) Drugstores; 13) Dry goods or notions stores; 14) Dyeing, dry cleaning or laundry collection offices; 15) Fix -it, radio or television repair shops; 16) Florists or gift shops; Page -9- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING June 24, 1985 17) Frozen food lockers for individual 18) Greenhouses or nurseries (commercial 19) Grocery stores; 20) Hardware, fixture and appliance sto 21) Ice cream stores; 22) Jewelry stores; 23) Launderettes, or self- service laund 24) Loan and finance companies; 25) Meat markets or delicatessens; 26) Music studios; 27) Office buildings; 28) Photographic studios or shops; 29) Plumbing shops (no tin work, nor ou 30) Public parking lots or garages for 31) Public parks and playgrounds, but n courses, or commercial recreation; 32) Restaurants or tea rooms (excluding 33) Service stations not including engi 34) Shoe stores and shoe repair shops; 35) Tailor shops; 36) Other retail business activities of enumerated above and not included i The proposed C -1 district also restricts he instead of limiting floor area to one, mini feet for front, side and rear yards respect The parking requirement for the former B -N square feet of floor area. The requirement into uses, varying from one parking space f restaurants to one parking space for every space. MENDMENT r family use; ); es; ies; side storage); rivate passenger cars; t including amusement parks, golf drive -ins); e or body repair work; a community character such as those any other classification. Although the King County B -N classification tates that the purpose of the district is to serve the neighborhood rather than a community -wide market, the Tukwila C -1 district is structured to serve . neighborhood and be compatible with the residential areas. C -1 Conditional Uses include: - Cocktail lounges in association with a restaurant - Drive -in restaurants - Taverns The former B -N district had a maximum heigh limit of 35 feet and an F.A.R. (floor area ratio) of one. ght of structures to 35 feet; however, um setbacks of 20 feet, 10 feet and 10 vely are required. istrict was one space for every 200 in the C -1 district is broken down r every 100 square feet for 00 square feet of office or commercial H. Conformance Page -10- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 G. Residential Uses in the P -0 and C -1 Zones Residential units in the Professional Office and Community Retail Business districts would be subject to the height and yard requirements of their respective zones and to Tukwila's minimum standards for lot size and area requirement per unit. For example, for a multiple family unit in the P -0 or the C -1 zone, a mini- mum 9600 square foot lot and 1500 square feet per unit would be required. A visual survey of the area and review of available data shows that several uses and lots would become nonconforming under Tukwila zoning. It would become the responsibility of the property owner to establish whether the use, structure or lot was legally conforming while under King County jurisdication and in accordance with King County regulations. Dave's Economy Repair shop located at 15826 42nd Avenue So. has been operating in the Single Family Residential neighborhood since 1973. Bambi Day Care Center located at 4230 S. 164th Street would be a non conforming use in any Tukwila zone because day care centers or preschools as they are referred to in TMC 18, are considered Conditional Uses. Two lots in the residential area are nonconforming as to minimum lot size. One lot fronts on So. 158th Street and is developed with a single family unit, the other is landlocked and undeveloped. Six mobile homes /trailers currently exist in the area. Tukwila does not permit mobile homes /trailers in any district except as an unclassified use. The existing mobile homes /trailers would become legal nonconforming uses and any new mobile homes /trailers would be prohibited. The Highline School District has a surplus elementary school facility located in the area. The school district is leasing part of the vacant land on the school site to King County for the Crestview Community Park. The structures, currently being leased to the South King County Activity Center, a private, not for profit company is operating as the Crestview Community Center. The primary purpose of the company is the training of the developmentally disabled in grounds maintenance and janitorial or food service. Additional activities occur on site to supplement operation of the center including a catering service, convention facilities, church meetings, school classes, bingo, aerobics classes, and wedding receptions. The King County zoning ordinance, Chapter 21.08.062, provides an Administrative conditional use for the reuse of nonresidential buildings which were built in the zone for permitted uses, such as public or private schools, when they are no longer needed for their intended purposes. Uses rendering governmental services or non profit social services were permitted as an administrative conditional use provided they received the approval of the Page -11- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 zoning adjustor, meet all off - street parking, landscaping and general requirements of the zoning ordinance, and that there would be no extension, exterior modifica- tion, or expansion of the facility. A manufacturing use involving several employees is being operated adjacent to the owner's residence at 15436 42nd Avenue South. The business operates year round and involves spraying plants, such as evergreens at Christmas time, for floral and decorative arrangements. All legal nonconforming lots, structures or uses in the area would be subject to the regulations of TMC 18.70. I. Stability of the District The Tukwila zoning classifications R- 1 -7.2, P -0, and C -1 are being proposed because they are the most compatible with existing development, the former King County zoning classifications, and /or the City's Comprehensive Plan. The uses and zones which surround the annexed area should be unaffected by the proposal and are compatible with the recommended classifications. To the east are two Single Family residential zones R -1 -12.0 and R- 1 -7.2. The area is comprised of single family homes and a large parcel of land dedicated for a future park. To the south, across So. 164th Street, is RS -7200 zoning and single family units. The majority of the proposed zoning along the north side of So. 164th Street is R -1 -7.2 to accomodate the existing single family residences. The corner of So. 164th Street and 42nd Avenue So. is currently developed with commercial uses. The intersection of 42nd Avenue So. and So. 164th Street and Military Road is heavily devoted to commercial uses and is zoned commercial on all four corners. The proposed C -1 and P -0 districts will be compatible with existing commercial development in the subject area and with surrounding uses. The surrounding uses include several service stations, a restaurant, a strip commer- cial center with grocery, drug, gift and auto parts stores, dry cleaner/ laundro- mat, and a hair salon. To the west of the subject area are single family units up to 158th Street at which point several multiple family structures exist. The proposed single family zone, R- 1 -7.2, on the east side of 42nd Avenue South is compatible with the existing development in the annexed area and with the single and multiple family units west of 42nd Avenue South. To the north of the annexed area is S.R. 518, a major boundary and effective barrier to any land uses north of the freeway. Page -12- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 J. Compatibility with Comprehensive Land Use Plan Per the proposed amendments to the Comprehensive Land Use Map, in 85 -16 -CPA, the recommended zoning clasifications R- 1 -7.2, P -0, and C -1 would be in accordance with the Low Density Residential, Office, Commercial, Public Facilities and Parks and Open Space designations on the Comprehensive Land Use Plan Map. K. Environmental A final Declaration of Nonsignificance was issued for the proposed zoning amendment. L. Unimproved Property There are several individual parcels and adjoining parcels that are undeveloped, as well as large lots that could be subdivided. In the residential areas, it would seem that due to the topography as well as the inaccessibility to some lots, due to their depth, additional single family development has been precluded. The proposed R -1 -7.2 zone will not change the conditions of development for the majority of the area, but will slightly change setback requirements. The remaining undeveloped lot in the R -1 -7.2 zone (4220 S. 164th Street) will experience a change in potential; both permitted uses and residential densities will be decreased. Tukwila's maximum permitted residential density, would be one unit on a 7200 square foot lot and a minimum of 1500 square feet for multi - family unit. The former RM -900 and RM -2400 zones permitted 900 and 2400 square feet per unit respectively for multiple dwelling use. M. Streets Of the approximate twelve streets which are within or border the annexed area, only 42nd Avenue S. is designated as a Collector Arterial; the remaining streets are designated as Local Access Roads. Metro has several bus routes which service the area. Transit route 240 is generally an east /west route, but runs along 51st Avenue S. through the area. Transit route 170, a north /south route, travels along Military Road through the 42nd Avenue S., S. 164th Street and Military Road intersection. CONCLUSIONS A. The proposed zoning classification is in conformance with the City's Comprehensive Land Use Policy Plan as recommended in 85- 16- CPA,the provisions General Goals Residence Page -13- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 of Title 18 of the Tukwila Municipal Code and in general will serve the public interest. Specifically, the proposed reclassification is consistent with the following goals and policies of the Comprehensive Land Use Policy Plan: Goal 1,6 (pp. 12, 13): "...regulate land use and community growth, (to) promote the health, safety and general welfare of the public. ...attain a balance in land use pattern of the community." The proposed amendments are necessary for the regulation of the land use, for the general welfare of the community and for the expedient service of the newly annexed area. Examples of services would be subdivisions, building permits and inspections. Goal 1 (p. 17): "Preserve the pleasantness and integrity of viable single family areas." The proposed zoning classifications are the most compatible single family and commercial designations given the existing development of the area. The commercial and office zones are located on a commercial corner and on a collector arterial street and reflect the existing uses on the lots and their former King County zoning classifications. The proposed R -1 -7.2 maintains a density standard of 7200 square feet per unit for the remaining majority of the subject area which would preserve the viability of the McMicken Heights single family neighborhood. Objective 1, Policy 3,5 (pp. 45, 46): "Prohibit spot zoning in established residential neighborhoods." "Encourage abatement of incom- patible land uses in viable residential areas." The zoning districts proposed are whole, distinct areas without intrusions of zones with more intense uses. The entire area except for a small portion in the southwest corner would be R- 1 -7.2. The remaining area is located on the outer edge of the annexed area along an arterial. The P -0 zone has been introduced as a buffer between the commercial corner and single family residences to the north. The proposed zoning classifications do not accomodate any of the existing nonconforming uses which appear to be incompatible with the Page -14- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 Commerce /Industry ��.._...... .... r -�G ;; ,. ��r;rr: r.. ....i .... _�kiiL. , • � q � ;- .. )' � :i- C � ,". ... Objective 4, Policy 1 (p. 65): "Encourage the use of commercial office developments as buffers between residential land uses and other land uses." The proposed P -0 district would act as a buffer between the single family district to the north and the commercial district to the south. The uses which would typically occupy a P -0 district would provide services to the single family residents as well as support the surrounding commercial uses. B. The proposed zoning classifications would be compatible with the City's Comprehensive Land Use Policy Plan as proposed in 85 -16 -CPA and the Comprehensive Plan amendment would reflect the existing land uses in the annexed area. surrounding single family neighborhood. The proposed zone would prevent any expansion of the uses beyond their present configuration and could lead to their eventual abatement. Objective 2, Policy 2 (p. 48): "Multiple family developments should be located functionally convenient to a primary or secondary arterial street where traffic generated by these uses does not pass through single family residential areas." The proposed zones which would accomodate any multiple family are the P -0 and the C -1 which are both located along 42nd Avenue South, a collector arterial. 42nd Avenue South is currently developed with adjacent commercial and multiple family uses; therefore, adjacent single family residences should not see any change in type, pattern, or density of traffic. Objective 1, Policy 1 (p. 60): "Encourage the grouping of uses which would mutually and ec onomically benefit each other or provide necessary services." C. South 164th Street would retain its residential traffic and use pattern. D. The proposed classification is in response to the annexation of new properties into Tukwila. The proposed zones are compatible with uses and zoning in the surrounding area and with existing development in the annexed area with a few exceptions of non conforming use and would appropriately classify the area on the official zoning map. k eaC sfagg:'WJS .•J.(,}.�? ?I.IV6SAFli WAIT Page -15- P tanning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT June 24, 1985 =115 Z w , ;3tKkat. PRELIMINARY RECOMMENDATION Based on the above, the Planning. Commission recommends approval of the proposed rezone application as shown on Exhibit B, Map II. (PC.MCMN - PC.MCMN3) MA FORMER KING COUNTY ZONING es ...h. : ! " • ~ • -= ' �. tip Di .v:7_, • s/) • CE TVaEW , ,r ,CA1MUNIT F3\ f pl It CMICKEN HEIGHT NEIGHBORHOOD 0 m polo %DO MOD i. i= ', c 1 4 q / 1 r.: ,1 r }'gyp ti`;srunv(Gi I C,1 '1 qlI E In[ 1 C] h- E) li i l{ cl: L` %Ci1 ( 7 ft =\\.C\ A 122 NIL 1_20K1 This map is schematic and intended only for use as a general representation of the area. No specific development or ownership patterns are shown. WAP J1- PROPOSED TUKWILA ZONING CMICKEN HEIGHT NEIGHBORHOOD This map is schematic and intended only for use as a general representation of the area. No specific development or ownership patterns are shown. FORMER KING COUNTY ZONING MARKHAM PROPERTY CM! CK EN HEIGHT [i NEIGHBORHOOD E , - .1D ... _.,_: I 1. -• --- :-.1)',1 - 1 -- • :ii•' .., \.J r: f .-- Ii—___.,`1 II 0 - 1 ..tir371 , -. 1'L:\ \ ,... • r... ------- - 1 . , '.• 7110 r • ) • .. /----- \ ..-- / 1' • r 4 N, T? I r. - 1 r' 1 0 \ IIIID ,/,' DI f'.7:7177W—. - ----71 r \D site 1 0 !v o tiUni. 'ad i t al .... .•— ...., , ....„ , 4 Ala i 4u 1 L.1 11 l l' i t E .' / , - -.1 ir_., D1\1 2 . \ • - , ,,.. ..... . .-- • .7 1 . 'T - -_ C)43 ' :\ \ i r I V I A <2 . 17- - , , l 3 .__44, n • ! D li, f 1 I- L.: , c-_, I ''' i II I I ■ 9 6: 01 7 " 1 " 7-J 1 -1 / ." ' " . : n . , • , ■ , \ \ • \ \ \ i! c \,„-; `;:. lilt .N.s4 \‚ \ N .,,. ----- --, - - - ...s-az.,,.. \. _,„ , s \ \ Ill \ . -•.. \ This map is schematic and intended only for use as a general representation of the area. No specific development or ownership patterns are shown. '•‘ ' ' I 1 , . \ --..• , - -- - " ,- - i .i )*. ‘ l t ;• 0 N .,...N\ 1 1 I b i : p.,Lira., :\ 1 , \ •••,.\:;:.;:•\: N tf. .""!11 \ \ 1' ':" . " \ ..) svpi, 0 1, , ' 1 k11 ; \('" , , \ % \\.`, \\ \ ...... ........ ... ,...---.,,,..,.,; cD: -.,‘ /11,;) ., 111 ..... 1 \ ,•14:3'N:M I IL--L . .*1\ \ % PCF \\ * ; b \ s '`'• l'A`‘\ _ ■• ' rjrn E 11 ' 1 \,.dr:e: : 41;;ILI-`,1' . .7-': i ' Ntt• ‘1\\,vi 1 - 11 . j10-4 I th:r D?.! iiirTIP ■ , I) /I! 1 1 1 . 0 .1 ■ 1 110 I I \ \\‘j‘1\1‘ : 1, 1. .\ C? • r , !. !11111.1111.11)./i , .:;;" , , r- 11 io J I / I ■ I ,‘ , I & - • ! I • I c a.C1 I iHri/ 1 1 . ) P;! ) P7P k • • , I •-• •-• • j I I ; •-• I ' = VP( a.,,z11 t(t Wp1 11 / - - - - // I • / / City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433-1800 Gary L VanDusen, Mayor May 21, 1985 Bryan Glynn, Manager Building and Land Development 450 Administration Building Seattle, WA 98104 Dear Bryan: Effective February 28, 1985, an area bounded by SR 518, 42nd Avenue South, South 164th Street and the former Tukwila corporate limits and referred to as the McMicken Heights Annexation was annexed into the City of Tukwila. It is the City's expectation that any official action on the part of King County Building and Land Development in the area should have ceased as of this date. On March 25, 1985, a letter with an attached map and list of addresses was sent to Ellen Turner at the King County Building and Land Development Department requesting copies of all past and current permits in the subject area As of this date, this information has not been received. Our effort to appropriately handle the transi- tion from county to city has been hampered by this lack of information on current and outstanding permits that the County may have for the area. It has been brought to our attention that fees were accepted by King County for job number C 84 -5416 under the name of Marsilio DiGiovanni, on March 28, 1985, for a building permit. The property in question is approximately located at 4220 South 164th Street. The City of Tukwila feels that the County would not be authorized to accept fees for property that had become a part of Tukwila as of the effective date of its annexation. Any actions regarding development /building permits should be discontinued until the transition of permit responsibilities has been accomplished. Thank you for your assistance. Sincerely, &-e-et Bradley J. Collins Planning Director /k CITY 'OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT (REVISED May 6, 1985) ..,...�.�•..M, o�..., v: r . ... .:. ...... ±, a : ,: ski `:.. ,'.'.7, . � " >;i:� }'':': "iii -.�.`. 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT AGENDA ITEM INTRODUCTION The McMicken Heights area was officially annexed into the City of Tukwila on February 28, 1985. The area is approximately 187 acres and is bounded on the north by State Route 518, on the west by 42nd Avenue South, on the south by South 164th Street and on the east by the former Tukwila corporate limit. This proposal is to amend the City's official zoning map to include Tukwila zoning classifica- tions appropriate for the newly annexed area. FINDINGS A. The area referred to as McMicken Height in Ordinance No. 1343 was effectively annexed into the City of Tukwila on F •ruary 28, 1985. The City is proposing Tukwila zoning classifications - 2, Single Family Residential; P -0, Professional Office; and C -1 - •• These are proposed be u e 0 . . a e districts which most c • - y compare with the existing land us the former King County zoning classifications ; A . B. lands not classified according to the classifications of TMC 18.08.010 on the official zoning map are considered unclassified. C. Change of RS -7200 to R -1 -7.2 (Single Family Residential). Effects of the proposal on properties formerly zoned King County RS -7200 (Single Family Residential) being changed to Tukwila R -1 -7.2 (Single Family Residential) would be as follows: Permitted Uses This change in zoning will change the treatment of, as well as decrease, the number of permitted uses that were formerly allowed under the King County RS-7200 zone. Tukwila's R -1 districts permit only single family units and public parks and playgrounds, not including golf courses, amusement parks or commerial recreation and would permit the following as Conditional Uses: r; ! Page -2- 85-15-R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT May 13, 1985 Conditional Uses - Churches (not permitted in converted residential buildings or structures in this district) and community center buildings - Public schools, preschool, elementary, junior high schools, and private schools with curricula equivalent to public, elementary or junior high schools - Public libraries - Public museums or art galleries - Fire and police stations - Public utility stations or substations - Transit shelter stations -Water towers In contrast to the uses listed above, the former King County RS -7200 permitted in addition to single family units, townhouses, individual mobile homes and the following nonresidential uses: -Art galleries and museums, when located in a public park or on a private school site - Churches, provided they meet certain conditions -Golf courses, private or public, including clubhouses, accessory driving range, pitch and putt courses, provided they meet additional conditions - Schools, elementary, junior high and high, and junior colleges, public, private or parochial; provided they follow specific conditions - Libraries, publicly operated - Parks, publicly owned and operated 1 -Day nurseries, under certain conditions (0,p-4;w I 12- G J Except for golf courses, townhouses, and individual mobile homes which would not be permitted after the proposed rezone, the nonresidential uses listed above as permitted in King County would require a Conditional Use Permit in Tukwila. The purpose of a Conditional Use process and permit is for public review of unusual or unique types of land uses relative to their impact on the neighborhood and land uses in the vicinity. The King County Zoning Ordinance also permits a two - family dwelling in an RS classification when a lot has a sideline abutting a lot or lots classified for ...> refit r .��i..,fa}iit;: (•.i'. uv� :'L!.Y >. .t, sa.... s».nur.�rrw: re�rii., sera• '. -v c Wage -3- 85-15-R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT May 13, 1985 • n.t.•a:PSIttai6_ 74:M, '4', `.` gfiri t!:i >; .v' RM -2400, RM -1800, RM -900, B, C, or M. Three lots, all currently developed with single family structures, are adjacent to the above listed zoning districts and would lose the ability to redevelop with a two family unit. The proposed Tukwila R -1 -7.2 zone would eliminate some of the county permitted accessory residential uses. The most significant being the following: - Accessory living quarters - Accessory dwellings - Foster family day care home, twenty -four hours -Day nurseries Height, Setback and Yard Requirements There will be slight changes in height, setback and yard regulations. As the table below outlines, Tukwila's R -1 -7.2 district is less restrictive in lot width by 10 feet and more restrictive in front and rear yard setbacks, 10 and 5 feet respectively. Minimum lot size Minimum lot width Front Yard Side Yard Rear Yard Height TABLE I King County RS -7200 Tukwila R -1 -7.2 7200 7200 60 50 20 30 5 10% of lot width min. 4 feet, max. rq'd 8 ft. 5 10 30 30 }eta 5.^S''i4: bJ,£i' $. Page -4- 85-15-R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT May 13, 1985 D. Change of RM -2400 (Medium Density Multiple Dwelling) and RM -900 (Maximum Density Multiple Dwelling - Restrictive Service) to P -0 (Professional Office) As the map below indicates several lots currently share 2 zoning districts. They are located adjacent to each other and are in the northeast corner of the intersection of 42nd Avenue So. and So. 164th Street. G 3 i -; 3 • I i38 I SO ws.0 r �..•!x- .iri >.;TN 1l'v�t�r: •.••n• O tr 1J • Scale r'= iov' TN KlN &:. iNiN6 0 iV fO S e9 -59 • :c E. o n on LOT 3 v W N 90 0 a K. o 1 N ° a LOT Z a o o * • "4.'Q 90 On z tl • x i o • LDT It, c .• dW c. 90 9° 1 4 1 'UYn +uiS�:tTi• Y t.erfw.i fr:lnis- �rvcls4ltSr:•; Page -5- (" 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT May 13, 1985 The proposed P -0 district would encompass five lots as outlined below: FA. 0 „o Tgo50mEr2. TUKV+111.A o ZUNJN& se_ale, l''= lod T W n... ,,,......- ..�. »_ hr +nM.,�:rxrrs¢� >.ROZC�rm.<•a ,rzr3�:ur...ia Page -6- 85-15-R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT May 13, 1985 Permitted Uses The more restrictive Tukwila P -0 zoning classification accomodates the existing uses - a dental clinic with 2 dentists, a medical clinic and a preschool. The zone permits the following uses: 1) Any principally permitted use in the RMH district; 2) Medical and dental offices; 3) Administrative, professional and business offices provided that no storage or warehousing of goods held for distribution for wholesale or retail sale shall occur on the premises; 4) Accredited or licensed schools and studios for education or self - improvement; 5) Administrative headquarters of professional associations and labor unions provided the building and premises are not intended for union membership meetings; 6) Governmental offices, but not including police and fire stations. Conditional Uses 1) Banks, savings and loan institutions and automatic /electronic fund transfer facilities; 2) Retail sales, as part of a planned mixed -use development as provided in Chapter 18.48 where at least fifty percent of the gross leaseable floor area development is for office use. Drive -in restaurants, services sta- tions, drive -in cleaning establishments and other similar automobile - oriented retail establishments are not permitted; 3) General conditional uses as specified in Chapter 18.64. The King County zoning classifications permitted hotels, motels, private clubs, fraternity and sorority houses, mobile home parks (minimum 3 acre area), hospitals and research and testing laboratories; all of which would be eliminated in the proposed Tukwila P -0 district. 64 Pv( t Permitted Residential Uses in the P -O and C -1 Zones "'O S * The permitted residential density of the P -0 and C -1 zones would be equivalent to the requirements of the RMH (Multiple Residence High Density District). The purpose of the RMH district is to allow high density, multiple family dwellings adjacent to or compatible with commercial or office areas. The area of the annexation where RMH would be applicable is the corner of 42nd Avenue ' Page -7- ( :, 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT May 13, 1985 South and South 164th Street. The applicable dimension requirements and possible densities for the P -0 and RMH districts in comparison to former King County districts are indicated in Table II. Height, Setback and Yard Requirements The numbers listed give maximum permitted densities: Table I I King County Tukwila RM 2400 RM 900 RMH P -0 Minimum lot area 7200 7200 9600 Minimum lot area per dwelling 2400 900 1500 Lot width 60 60 60 Height 30 35* 45 35 Front Yard 20 20 30 25 (15 if adjacent to a commercial district) Side Yard 5 5 10 10 Rear Yard 25 10 . rivra ^ ...- r.:.nar ^�.«.�.e., >., *The height may be increased by one foot for every and each additional foot of increased yard setback. E. Change of B -N (Neighborhood Business) and RM -900 to C -1 (General Commercial) Tukwila's C -1 District is a restrictive retail district, designed to serve the surrounding community and local population. Two lots, occupied by a restaurant and a building with a hair stylist and vision clinic, are proposed to be included in the C -1 district. The following uses would also be permited: 1) Any principally permitted use in the P -0 District; 2) Artists' studios; 3) Bakery or pastry shops (retail only); 4) Banks; 5) Beauty or barber shops; 6) Bicycle repair shops; 7) Book or stationery stores; 8) Clinics, for people only; 9) Clothing or ready -to -wear stores; 10) Confectionery stores; 11) Dancing schools; 12) Drugstores; 13) Dry goods or notions stores; Page -8- (_ 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT May 13, 1985 14) Dyeing, dry cleaning or laundry collection offices; 15) Fix -it, radio or television repair shops; 16) Florists or gift shops; 17) Frozen food lockers for individual or family use; 18) Greenhouses or nurseries (commercial); 19) Grocery stores; 20) Hardware, fixture and appliance stores; 21) Ice cream stores; 22) Jewelry stores; 23) Launderettes, or self - service laundries; 24) Loan and finance companies; 25) Meat markets or delicatessens; 26) Music studios; 27) Office buildings; 28) Photographic studios or shops; 29) Plumbing shops (no tin work, nor outside storage); 30) Public parking lots or garages for private passenger cars; 31) Public parks and playgrounds, but not including amusement parks, golf courses, or commercial recreation; 32) Restaurants or tea rooms (excluding drive -ins); 33) Service stations not including engine or body repair work; 34) Shoe stores and shoe repair shops; 35) Tailor shops; 36) Other retail business activities of a community character such as those enumerated above and not included in any other classification. Although the King County B -N classification states that the purpose of the district is to serve the neighborhood rather than a community -wide market, the Tukwila C -1 district is structured to serve a neighborhood and be compatible with the residential areas. C -1 Conditional Uses include: - Cocktail lounges in association with a restaurant - Drive -in restaurants - Taverns The former B -N district had a maximum height limit of 35 feet and an F.A.R. (floor area ratio) of one. The proposed C -1 district also restricts height of structures to 35 feet; however, instead of limiting floor area to one, minimum setbacks of 20 feet, 10 feet and 10 feet for front, side and rear yards respectively are required. The parking requirement for the B -N district is one space for every 200 square feet of floor area. The requirement in the C -1 district is broken down into uses, varying from one parking space for every 100 square feet for restaurants to one parking space for every 400 square feet of office or commercial space. F. Conformance Six mobil mobile ho mobile ho . would be p hibited. Page -9- 85-15-R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT May 13, 1985 A visual survey of the area and review of available data shows that several uses and lots would become nonconforming under Tukwila zoning. It would become the responsibility of the property owner to establish whether the use, structure or lot was legally conforming while under King County jurisdication and in accordance with King County regulations. Dave's Economy Repair shop located at 15826 42nd Avenue So. has been operating in a Single Family Residential neighborhood since 1973. Two lots in the residential area are nonconforming as to minimum lot size. One lot fronts on So. 158th Street and is developed with a single family unit, the other is landlocked and undeveloped. railers currently exist in the area. Tukwila does not permit railers in any district except as an unclassified use. The existing ailers would become legal nonconforming uses and any new The Highline School District has a surplus elementary school facility located in the area. The school district is leasing part of the vacant land on the school site to King County for the Crestview Community Park. The structures, currently being ased to the South King County Activity Center, a private, not for profit comp y s operating as the Crestview Community Center. The primary purpose of the omp ny is the training of the developmentally disabled in grounds maintenance and j torial or food service. Additional activities occur on site to supplement operation of the center including a catering service, convention facilities, church meetings, school classes, bingo, aerobics classes, and wedding receptions. The King County zoning ordinance, Chapter 21.08.062, provides an Administrative conditional use for the reuse of nonresidential buildings which were built in the zone for permitted uses, such as public or private schools, when they are no longer needed for their intended purposes. Uses rendering governmental services or non profit social services were permitted as an administrative conditional use provided they received the approval of the zoning adjustor, meet all off - street parking, landscaping and general requirements of the zoning ordinance, and that there would be no extension, exterior modifica- tion, or expansion of the facility. A manufacturing use • being operated at 15436 42nd Avenue South. The business operates year round and involves spraying plants, such as evergreens at Christmas time, for floral and decorative arrangements. -rte tr °6 „ . All legal nonconforming lots, structures or uses in the area would be subject to the regulations of TMC 18.70. G. Stability of the District The Tukwila zoning classifications R- 1 -7.2, P -0 and C -1 are being proposed because they are the most compatible with existing development - the former King County zoning classifications. Fe..,,, Page -10- ti 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT May 13, 1985 The uses and zones which surround the 64135eet area should be unaffected by the proposal and are compatible with the proposed classifications. To the east are two Single Family residential zones R -1 -12.0 and R- 1 -7.2. The area is comprised of single family homes and a large parcel of land dedicated for a future park. To the south, across So. 164th Street, is RS -7200 zoning and single family units. The majority of the proposed zoning along the north side of So. 164th Street is R -1 -7.2 to accomodate the existing single family residences. The corner of So. 164th Street and 42nd Avenue So. is currently developed with commercial uses. The intersection of 42nd Avenue So. and So. 164th Street and Military Road is heavily devoted to commercial uses and is zoned commercial on all four corners. The proposed C -1 and P -0 districts will be compatible with existing commercial development in the subject area and with surrounding uses. The surrounding uses include several service stations, a restaurant, a strip commer- cial center with grocery, drug, gift and auto parts stores, dry cleaner/ laundro- . mat, and a hair salon. To the west of the subject area are single family units up to 158th Street at which point several multiple family structures exist. The proposed single family zone, R- 1 -7.2, on the east side of 42nd Avenue South is compatible with the existing development in the annexed area and with the single family units west of 42nd Avenue South. To the north of the annexed area is S.R. 518, a major boundary and effective barrier to any land uses north of the freeway. H. Compatibility with Comprehensive Land Use Plan Per the preceding amendments to the Comprehensive Land Use Map, as proposed in 85 -16 -CPA the proposed zoning clasifications R- 1 -7.2, P -0 and C -1 would be in accordance with the Low Density Residential, Office, Commercial, Public Facilities and Parks and Open Space designations on the Comprehensive Land Use Plan Map. I. Environmental A final Declaration of Nonsignificance was issued for the proposed zoning amendment. J. Unimproved Property There are several individual parcels as well as areas of adjacent parcels that are undeveloped. In the residential areas, it would seem that due to the steep topography as well as the inaccessibility to some lots due to their depth tional single family homes have been precluded. The proposed R -1 -7.2 zone will not change the conditions of development, but will slightly change setback requirements. General Goals Residence oped i h u Page -11- 85-15-R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT May 13, 1985 Former commercial uses allowed in the RM -900 district would not be permitted in the R -1 -7.2 district and the residential density standard would be reduced. Tukwila's maximum permitted residential density, would be one unit on a 7200 square foot lot. The former RM -900 and RM -2400 zones permitted 900 and 2400 square feet per unit respectively for multiple dwelling use. The undeveloped lot is approximately 27,060 square feet and would be limited to three conforming single family lots. South 164th Street is a local access road unlike 42nd Avenue South, which is designated by King County as a collector arterial. Testimony at the April 25, 1985, Planning Commission Public Hearing reiterated the residential character of South 164th Street and supported the designation of single family zoning along its right -of -way. CONCLUSIONS A. The proposed zoning classification is in conformance with the City's Comprehensive Land Use Policy Plan as proposed as amended per 85- 16- CPA,the provisions of Title 18 of the Tukwila Municipal Code and in general will serve the public interest. Specifically, the proposed reclassification is con- sistent with the following goals and policies of the Comprehensive Land Use Policy Plan: Goal 1,6 (pp. 12, 13): "...regulate land use and community growth, (to) promote the health, safety and general welfare of the public. ...attain a balance in land use pattern of the community." The proposed amendments are necessary for the regulation of the land use, for the general welfare of the community and for the expedient service of the newly annexed area. Examples of services would be subdivisions, building permits and inspections. Goal 1 (p. 17): "Preserve the pleasantness and integrity of viable single family areas." The proposed zoning classifications are the most compatible single family and commercial designations given the existing development of the area. The commercial and office zones are located on a commercial corner and on a collector arterial street and reflect the existing uses on the lots and their former King County zoning classifications. • :Page -12 -� 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT May 13, 1985 Commerce /Industry The proposed R -1 -7.2 maintains a density standard of 7200 square feet per unit for the remaining majority of the subject area which would preserve the viability of the McMicken Heights single family neighborhood. Objective 1, Policy 3,5 (pp. 45, 46): "Prohibit spot zoning in established residential neighborhoods." "Encourage abatement of incom- patible land uses in viable residential areas." The zoning districts proposed are whole distinct areas without intrusions of zones with more intense uses. The entire area except for a small portion in the southwest corner would be R- 1 -7.2. The remaining area is located on the outer edge of the annexed area along an arterial. The P -0 zone has been introduced as a buffer between the commercial corner and single family residences to the north. The proposed zoning classifications do notaccommodate any of the existing nonconforming uses which appear to be incompatible with the surrounding single family neighborhood. The proposed zone would prevent any expansion of the uses beyond their present configuration and could lead to their eventual abatement. Objective 2, Policy 2 (p. 48): "Multiple family developments should be located functionally convenient to a primary or secondary arterial street where traffic generated by these uses does not pass through single family residential areas." The proposed zones which would accomodate any multiple family are the P -0 and the C -1 which are both located along 42nd Avenue South, a collector arterial. 42nd Avenue South is currently developed with adjacent commercial and multiple family uses; therefore, adjacent single family residences should not see any change in type, pattern, or density of traffic. In addition, the zones proposed reflect existing commercial and office uses and /or former King County zones. Objective 1, Policy 1 (p. 60): "Encourage the grouping of uses which would mutually and ec onomically benefit each other or provide necessary services." Objective 4, Policy 1 (p. 65): "Encourage the use of commercial office developments as buffers between residential land uses and other land uses." The proposed P -0 district would act as a buffer between the single family district to the north and the commercial district to the 'Page -13- 85-15-R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT May 13, 1985 south. The uses which would typically occupy a P -0 district would provide services to the single family residents as well as support the surrounding commercial uses. B. The proposed classifications would be compatible with the City's Comprehensive Land Use Policy Plan as proposed as amended per 85 -16 -CPA. The amended Comprehensive Plan reflects the existing land uses in the annexed area. C. South 164th Street would retain its residential traffic and use pattern. D. The proposed classification is in response to the annexation of new properties into Tukwila. The proposed zones are compatible with uses and zoning in the surrounding area and with existing development in the annexed areas. Vii^ 1 - .r... U. • sel ppropria e ' e area on PRELIMINARY RECOMMENDATION °.Y ,.,� Based on the above - recommends approval of the proposed rezon -a application. (PC.MCMN - PC.MCMN3) ,c \ . � � i � l • ' /n Y / I` (1 .111 1 . 'i • MAP FORMER KING COUNTY ZONING --- -- .r7, -- 7 , .--, \ \I , I • fililllag r = Pt t{ t � D\\ \ , t-\ \ r -. t [r,In '.:11\ • \ I0\ 111 DNi. 171 ! � -) P la ri •6 1 0 \ It 01 111 °< (1•e_l•i \ \ I■ ■ i ' I1231;7 Di ! \(] ' i' '►iii 11 'Gt I a 4 ., 12, t 'V ba' , 1. 1 1, lL1 ) 11 ll 1 -' 1 • �. l 1 ti . iv 1SS i ,, 1 1 I 1 11 >F: �,�;, a'Q Iri!7111:iIJt 1r P I1 A CNEIGHBORHOOD HEIGHT C .mb, 00[+ 0,! '/ This map is schematic and intended only for use as a general representation of the area. No specific development or ownership patterns are shown. t MAP .11- PROPOSED TUKWILA ZONING %....1..: - *�1 LW13 \ n �I \1,0\ t1 ,71 X1 p,;b \I lD,lri►Dk P ■ a i li. ill o ; I I Cr, liII, , i;'' .II If -- : • i k ldil 4 i l I; I�n VP! I C i��i Ql Dtra I 1) We-M61 We-M61 4 ,D i' P:-.':./.4311( 1 I i t CMICKEN HEIGHT NEIGHBORHOOD SCALE 0 m lop 900 ..m WO This map is schematic and intended only for use as a general representation of the area. No specific development or ownership patterns are shown. I; Page -2- Planning Commission Minuces April 25,'1985 Chairman Knudson closed the public hearing. MOTION PASSED 4 -1. The Commission discussed the proposed Comprehensive Plan amendments. an office designation for the Crestview Community Center Building site to increase option for permitted uses. Jim Wing, 4438 So. 160th St., Seattle, WA 98188, requested a more intense use designation for his property. Dennis Robertson, 16038 48th Ave. So., Tukwila, WA 98188, agreed with staff's proposal except the daycare center site should not be changed to office and as long as the Crestview Center was left single family. He wasn't opposed to the existing daycare center as a nonconforming use but was opposed to a high density designation on that site. Robert Crain, 5105 So.163rd P1., Tukwila, WA 98188, wanted to preserve the single family residential nature of the area. Dick Goe, 5112 So. 163rd P1., Tukwila, WA 98188, wanted to maintain the single family residential nature of the hillside, was opposed to an upgrade of zoning of Mr. Wing's property, Mr. DiGiovenni's property, and Highline School District's request for office zoning. John MacFarland, 4375 S. 158th St., Tukwila, WA, felt high density develop- ment was out of character for the neighborhood, and was opposed to the rezone as proposed for the property fronting So. 164th Street. M. DiGiovenni, 17015 53rd So., Tukwila, WA agreed with the Commission's (staff's) recommendation on the zoning of his property. Paul Veal, 16025 46th Ave. So., felt felt the area should remain single family. MR. KIRSOP MOVED TO RECOMMEND THAT THE PLANNING COMMISSION PRESENT TO THE CITY COUNCIL THE STAFF EXHIBIT C WITH THE EXCEPTION THAT TRACT 37 FACING ON 164TH STREET BE LOW DENSITY RESIDENTIAL. MR. SOWINSKI SECONDED THE MOTION. Mr. Collins clarified that the changes in the findings from the staff report would be that S. 164th is a residential street and that the Comprehensive Plan designation is adequate for that street and that pro- perty, and staff's other findings and conclusions are adopted. The Planning Commission concurred. B. 85 -15 -R: McMicken Heights Annexation Rezone, requesting rezone of King County zoning classifications to Tukwila zoning classifica- Page -3- Planning Commission Minutes April 25, '1985 tions: from RS -7200 to R -1 -7.2 Single Family Residential, from BN Neighborhood Business to C -1 General Commercial and from RM -900 and RM -2400 Multiple Dwelling Maximum and Medium Density to P -0 Professional and Office for the area generally bounded by SR 518, 51st Avenue S., S. 164th Street and 42nd Avenue S. Chairman Knudson opened the public hearing. Ms. Bradshaw summarized the staff report with corrections. Joe Dunstan, Barghausen Enginerrs, Kent, WA, representing Wm C. Markham, recommended an R -4 designation for the property located at 15436 42nd Avenue South. Terry Hope, 15603 42nd So. supported the multi- family zoning request for the site located at 15436 42nd Ave. So. Paul E. Bray, Supervisor of Facilities for the Highline School District, 17810 8th Ave. So., Seattle, WA 98148, requested that the Crestview Community Center be rezoned to an office classification. Daniel R. Surber, 13001 48th Ave. So., Seattle, WA, supported the multi- family zoning request for the site located at 15439 42nd Ave. So. Lyle C. McCoy, 15209 Military Rd. So, Seattle, WA, was opposed to an office zoning at the Crestview Community Center. Donald Wilson, 13001 48th Ave. So., Seattle, WA supported the multi - family zoning request for the site located at 15436 42nd Ave. So. Chris Houser, 24618 43rd Ave. So., Kent, WA, supported the multi - family zoning request for the site located at 15436 42nd Ave. So. John McFarland, 4375 So. 158th St., Tukwila, WA, was opposed to high den- sity zoning for the site located at 15436 42nd Ave. So. M. DiGiovenni, 17015 53rd So., Tukwila, WA, felt the zoning did not reflect the use of this property (4220 S. 164th Street). Chairman Knudson closed the public hearing. MR. LARSON MOVED TO RECOMMEND THE APPROVAL OF THE PROPOSED REZONE BASED UPON FINDINGS AND CONCLUSIONS OF STAFF REPORT 85 -18 -R DATED APRIL 25, 1985, WITH THE FOLLOWING MODIFICATIONS: MODIFICATIONS TO THE FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF THE STAFF REPORT THAT RECOGNIZE THE CONFORMANCE WITH THE COMPREHENSIVE PLAN AND AMENDMENTS RECOMMENDED TONIGHT, SO. 164TH AS A RESIDENTIAL STREET, MAP II WITH CHANGE FROM P -0 TO R -1 -7,200 FOR THE PROPERTY IDENTIFIED AS 4220 SO. 164TH. MR. SOWINSKI SECONDED THE MOTION, WHICH PASSED 3 -2. INTRODUCTION CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT SUMMARY REPORT IV) A. 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT AGENDA.ITEM The McMicken Heights area was officially annexed into the City of Tukwila on February 28,1985. The area is approximately 187 acres and is bounded on the north by State Route 518, on the west by 42nd Avenue South, on the sout by South 164th Street and on the east by the former Tukwila corporate limit. This proposal is to amend the City's official zoning map to include Tukwila zoning classifica- tions appropriate for the newly annexed area. KING COUNTY ZONING As the attached Map I indicates, former King County zoning classifications included: RS -7200 Single Family Residential RM -2400 Medium Density Multiple Dwelling RM -900 Maximum Density Multiple Dwelling - Restrictive Service B -N Neighborhood Business PROPOSED TUKWILA ZONING (Map II) R-1-7.2 Single Family Residential This is the most comparable Tukwila single family zone to the former King County RS -7200 zone. The new Tukwila . classification will only permit single family units on a lot with a minimum of 7200 square feet and will exclude townhouses and indi- vidual mobile homes. The following accessory uses designated as permitted in King County are not permitted in the R -1 -7.2 zone: - Accessory living quarters - Accessory dwellings - Foster family day care home, twenty -four hours. -Day nurseries Page -2- Planning Commission 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT (SUMMARY REPORT) April '25, 1985 Transitional zones or lots which have a side line abutting a lot with a multiple.- family or commercial classification would not be allowed to develop with a two family dwelling, as previously allowed. The table below gives a. comparison of the difference in height area and setback requirements. Minimum lot size Minimum lot width Front .Yard. Side Yard Rear Yard Height C -1 Community Retail Business King County Tukwila RS -7200 • R -1 -7.2 7200 60 20 5 5 30 TABLE I 7200 50 30 10% of lot width min. 4 feet max. rq'd 8 feet 10 30 P -0 Professional Office The purpose of the P -0 district is to provide area for professional and admi- nistrative offices, such as the Crestview Dental and Medical clinics, and to act as a buffer between residential and commercial areas. No retail or commercial uses are allowed in the P -0 district and the maximum multiple family residential density of the RMH district would be permitted. The C -1 zone is Tukwila's most restrictive commercial area and is meant for limited commercial activities to serve the surrounding community and the local population. The Sea -Tac Vision Clinic and Ulysses Restaurant would be included in this district. Legal Nonconforming Uses Any uses which were legally permitted while under King County Zoning Regulations would become legal nonconforming uses. They are uses which are allowed to con- tinue but not expand. If the nonconforming use ceases, for any reason, for a period of 24 months, any subsequent use must conform with the regulations of TMC 18 (Tukwila Municipal Code). A full length, detailed report of the proposed zoning reclassification is available in the Planning Department of City Hall, 6200 Southcenter Blvd, Monday Friday, 8:30 a.m. - 5 :00 p.m. C N MAC' FORMER KING COUNTY ZONING It ri 'CMICKEN HEIGHT NEIGHBORHOOD 0 CO Zoe 500 ..m 00e. 1\lijiD r. z j\ \ \N31 1C1y ?, c711 . \ 02‘.:1,—;:i ' .r_ loal Y R,\h 1101i'. CI ( r i i I! \ }I °I 1 1E7 01 I la I 11 i II Z` 1 U ` . 1 \ 10 7--:11.1 CPII1r,I O 1-12')I czif �, ;� �in i �1 1 � r I +�+� ;,r L (I: r c:v r L I •if`'I T3;,��� \ \\ \ \ ` i- - ---— _______ _ -..- - -- - - -1 , :- - ji _- � _ t!i 1... �\ \ti: \\\,1..0 Q' , ti ; \ 1' {� l 1 p f , \ ',.. k,..41 X 11 I(' y i f�r+ jj < i ,1 \ \ `\` rt ❑ r_�1i7 ( \. '�, 1 1� C � � `1 r Y i C• f �, I 5 . �'.,=. 1_,,I r ' J l� 1 1 ` ,�` . `.` `1'' � I ) t , ' 1�\I�1t e 11 ' 1 r J I' i�r+ ' l F 1 1 1 1 ;',I L 7 i r , •� , . 1 � 1 i i�} � \� �i,•( wis \ � \�1 it'd , ,,� )�, .14., }��,,t, in I , / �� 1 11 7 ° 1 j� : i \ i 1 \ ; .., J ` + � 'd \k ,I li I' n � 4—'1H r II I ' ^- i) k 1 1 1 1� 1 , �i 1 S D i L 1 1 ! i / 1 , ` \\ j ' -4�J fi t :} '! 1 c ,'>i '; = i 11 i`•i�..' r1A , 1../ i \ ct + [ q - 11 ;I J /� ' ( ' i I fIti 1 1^1 - ::-.-,16. - - - -- �_�__ — --- --- - - - -- -- - , Li.ii / .� r'i i ; :/5 \ , r.f - '�i'� Vh VP I C.i'ir -i '1 c.cddi . ie.h\vM%.d,;61int,p di�...,C li =i..041.11 � i .. -'(/ / /t .= ti , .r, il This map is schematic and intended only for use as a general representation of the area. No specific development or ownership patterns ere shown. � I \9 r•� l k l a I. AI'J1 i l`i 1 F \[?In \ t an\ 9 i11' ® p r CI1i 1!0 , 1ei of ii, 1 \ IUD III\ 101 III IIC31.101 I I !D I s/•-r, i I i _ n D 111 II I , (P ■ I D IIIFI 199111b I ". / \ 11 11111 \ EP/ / / _gy i / El cam' /r� i( / / r. - - i i/ L MAP di- PROPOSED TUKWILA ZONING CMICKEN HEIGHT NEIGHBORHOOD 5� ip ID o � \I�I(P. ,r /, 1 ,�;� .. ;� , �! �a �' (� � 11 I \i :,1 i 1 i p; 'a , n. �� I i-i"1 1 : . C i� I ''II : In.) , i )k Ii nLq l I Ii C. CO imie 'Cc wOo 000 This map is schematic and intended only for use as a general representation of the area. No specific development or ownership patterns are shown. INTRODUCTION CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT SUMMARY REPORT - Accessory living quarters - Accessory dwellings - Foster family day care home, twenty -four hours. - Day nurseries c.+.n. ..v..w.�•:�v.....asr � �n�St: }�,,. � ^�_' .. �..;'.�- f':'.;..' ;�4n'i ":��i`i iv..: �;�:y.``�. ,�? n_fil '',R�:u IV) A. . 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT AGENDA ITEM • The McMicken Heights area was officially annexed into the City of Tukwila on February 28, 1985. The area is approximately 187 acres and is bounded on the north by State Route 518, on the west by 42nd Avenue South, on the sout by South 164th Street and on the east by the former Tukwila corporate limit. This proposal is to amend the City's official zoning map to include Tukwila zoning classifica- tions appropriate for the newly annexed area. KING COUNTY ZONING As the attached Map I indicates, former King County zoning classifications included: RS -7200 Single Family Residential RM -2400 Medium Density Multiple Dwelling RM -900 Maximum Density Multiple Dwelling - Restrictive Service B -N Neighborhood Business PROPOSED TUKWILA ZONING (Map II) R -1 -7.2 Single Family Residential This is the most comparable Tukwila single family zone to the former King County RS -7200 zone. The new Tukwila classification will only permit single family units on a lot with a minimum of 7200 square feet and will exclude townhouses and indi- vidual mobile homes. The following accessory uses designated as permitted in King County are not permitted in the R -1 -7.2 zone: Minimum lot size Minimum lot width Front Yard Side Yard Rear Yard Height Page -2- Planning Commission 85-15-R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT (SUMMARY REPORT) April 25, 1985 Transitional zones or lots which have a side line abutting a lot with a multiple family or commercial classification would not be allowed to develop with a two family dwelling, as previously allowed. The table below gives a comparison of the difference in height area and setback requirements. King County Tukwila RS -7200 R -1 -7.2 7200 60 20 5 5 30 TABLE I 7200 50 30 10% of lot width min. 4 feet max. rq'd 8 feet 10 30 P -0 Professional Office The purpose of the P -0 district is to provide area for professional and admi- nistrative offices, such as the Crestview Dental and Medical clinics, and to act as a buffer between residential and commercial areas. No retail or commercial uses are allowed in the P -0 district and the maximum multiple family residential density of the RMH district would be permitted. C -1 Community Retail Business The C -1 zone is Tukwila's most restrictive commercial area and is meant for limited commercial activities to serve the surrounding community and the local population. The Sea -Tac Vision Clinic and Ulysses Restaurant would be included in this district. Legal Nonconforming Uses Any uses which were legally permitted while under King County Zoning Regulations would become legal nonconforming uses. They are uses which are allowed to con- tinue but not expand. If the nonconforming use ceases, for any reason, for a period of 24 months, any subsequent use must conform with the regulations of TMC 18 (Tukwila Municipal Code). A full length, detailed report of the proposed zoning reclassification is available in the Planning Department of City Hall, 6200 Southcenter Blvd, Monday Friday, 8:30 a.m. - 5:00 p.m. CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT IV) A. 85 -15 -R: McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT AGENDA .ITEM INTRODUCTION The McMicken Heights area was officially annexed into the City of Tukwila on February 28, 1985. The area is approximately 187 acres and is bounded on the north by State Route 518, on the west by 42nd Avenue South, on the south by South 164th Street and on the east by the former Tukwila corporate limit. This proposal is to amend the City's official zoning map to include Tukwila zoning classifica- tions appropriate for the newly annexed area. FINDINGS A. The area referred to as McMicken Heights in Ordinance No. 1343 was effectively annexed into the City of Tukwila on February 28, 1985. The City is proposing Tukwila zoning classifications R- 1 -7.2, Single Family Residential; P -0, Professional Office; and C -1, General Commercial. These are proposed because they are districts which most closely compare with the existing land uses . and /or the former King County zoning classifications. B. All lands not classified according to the classifications of TMC 18.08.010 on the official zoning map are considered unclassified. C.. Change of RS -7200 to R -1 -7.2 (Single Family Residential). Effects of the proposal on properties formerly zoned King County RS -7200 (Single Family Residential) being changed to Tukwila R -1 -7.2 (Single Family Residential) would be as follows: Permitted Uses This change in zoning will change the treatment of, as well as decrease, the number of permitted uses that were formerly allowed under the King County RS -7200 zone. Tukwila's R -1 districts permit only single family units and public parks and playgrounds, not including golf courses, amusement parks or commerial recreation and would permit the following as Conditional Uses: • Page -2- Planning Com,nission (` 85 -15 -R: McMICKEN HEIGHTS "ANNEXATION ZONING AMENDMENT April 25, 1985 Conditional Uses - Churches (not permitted in converted residential buildings or structures in this district) and community center buildings • - Public schools, preschool, elementary, junior high schools, and private schools with curricula equivalent to public, elementary or junior high schools - Public libraries - Public museums or art galleries -Fire and police stations - Public utility stations or substations - Transit shelter stations' -Water towers In contrast to the uses listed above, the former King County RS -7200 permitted in addition' to single family units, townhouses, individual mobile homes and the following nonresidential uses: - Art galleries and museums, when located in a public park or on a private school site - Churches, provided they meet certain conditions -Golf courses, private or public, including clubhouses, accessory driving . range, pitch and putt courses, provided they meet additional conditions - Schools, elementary, junior high and high, and junior colleges, public, private or parochial; provided they follow specific conditions - Libraries, publicly operated . - Parks, publicly owned and operated -Day nurseries, under certain conditions Except for golf courses, townhouses, and individual mobile homes which would not be permitted after the proposed•rezone, the nonresidential uses listed above as permitted in King County would require a Conditional Use Permit in Tukwila. The purpose of a Conditional Use process and permit is for public review of unusual or unique types of land uses relative to their impact on the neighborhood and land uses in the vicinity. The King•County Zoning Ordinance also permits a two- family dwelling in an RS classification when a lot has a sideline abutting a lot or lots classified for . Page -3- P,lanning Commission 85 -15 -R: McMICKEN HEIGHT — ANNEXATION ZONING AMENDMENT April 25, 1985 RM -2400, RM -1800, Rte -900, B, C, or M. Three lots, all currently developed with single family structures, are adjacent to the above listed zoning districts and would lose the ability to redevelop with a two family unit. The proposed Tukwila R -1 -7.2 zone would eliminate some of the county permitted accessory residential uses. .The most significant being the following: - Accessory living quarters - Accessory dwellings - Foster family day care home, twenty -four hours - Day nurseries Height, Setback and Yard Requirements There will be slight changes in height, setback and yard regulations. As the table below outlines, Tukwila's R -1 -7.2 district is less restrictive in lot width by 10 feet and more restrictive in front and rear yard setbacks, 10 and 5 feet respectively. Minimum lot size Minimum lot width Front Yard Side Yard Rear Yard Height TABLE I King County RS -7200 Tukwila R -1 -7.2 7200 7200 60 50 20 30 5 10% of lot width min. 4 feet, max. rq'd 8 ft. 5 10 30 30 Page -4- Planning Commission 85 -15 -R: McMICKEN HEIGh ZONING AMENDMENT.? April 25, 1985 D. Change of RM -2400 (Medium Density Multiple Dwelling) and RM -900 (Maximum Density Multiple Dwelling- Restrictive Service) to P -0 (Professional Office) As the map below indicates several lots currently share 2 zoning districts. They are located adjacent to each other and are in the northeast corner of the intersection of 42nd Avenue So. and So. 164th Street. j J 0 i 0 J X3 • .s a 0 ON O 0 Scale 1'= ion fN K!Ni CO. 6NI +�Y 76 1 G . iw7 4 :..11. b �. LOT 3 0 n to }V n 0 '. N rJ N C 1 V. L4 _ 2 0 o ‘ a, s N 5 .K P °- -. LvJ c r) :v l' Y s LOT I� o , P 6• � J .; 0 • !: 0 0 w w Page -5- 'Planning Commission 85 -15 -R: McMICKEN HEIGHT ANNEXATION ZONING AMENDMcNT April 25, 1985 The proposed P -0 district would encompass five lots as outlined below: 148 32 _5 /611 H 0 •_ :tmr, wa "q.. WXAV Zi7 7T .A r o :Wr30X.t ta _gL aJ e rix /06' T N MO3P45gR. T��c�ll`0 2UN1tlCi 0 P . 0 v N O •� t • 0 ST ' -D r 9°1' S e9.5,•Mt. n1 ..) 3 r) .� •' '. C o N rC ___- CV v � N °o L.DT 2 0 90 ch t.) .6 LOT 1, ,v •� V 9 C Permitted Uses The more restrictive Tukwila P -0 zoning classification accorfi'odates the existing uses - a dental clinic with 2 dentists, a medical clinic and a preschool. The zone permits the following uses: 0 i Page -6- 'P.lanning Commission 85 - - McMICKEN HEIGHT 'ANNEXATION ZONING AMENDMENT April 25, 1985 1) Any principally permitted use in the RMH district; 2) Medical and dental offices; • 3) Administrative; professional and business offices provided that no storage or warehousing of goods•held for distribution for wholesale or retail sale shall occur on the premises; 4) Accredited or licensed schools and studios for education or self - improvement; 5) Administrative headquarters of professional associations and labor unions provided the building and premises are not intended for union membership meetings; 6) Governmental offices, but not including police and fire stations. Conditional Uses 1) Banks, savings and loan institutions and automatic /electronic fund transfer.facilities; 2) Retail sales, as part Of a planned mixed -use development as provided in Chapter 18.48 where at least fifty percent of the gross leaseable floor area development is for office use. Drive -in restaurants, services sta- tions, drive -in cleaning establishments and other similar automobile- oriented retail establishments are not permitted; 3) General conditional uses as specified in Chapter 18.64. The King County zoning classifications permitted hotels, motels, private clubs, fraternity and sorority houses, mobile home parks (minimum 3 acre area), hospitals and research and testing laboratories; all of which would be eliminated in the proposed Tukwila P -0 district. Permitted Residential Uses in the P -0 and C -1 Zones The permitted residential density of the P -0 and C -1 zones would be equivalent to the requirements of the RMH (Multiple Residence High Density District). The purpose of the RMH district is to allow high density, multiple family dwellings adjacent to or compatible with commercial or office areas. The area of•the annexation where RMH would be applicable is the corner of 42nd Avenue South and South 164th Street. The applicable dimension requirements and possible densities for the P -0 and RMH districts in comparison to former King County districts are indicated in Table II. Height, Setback and Yard Requirements )'n.t: a:;rc �c•,r.r +a Page -7- . .Planning Commission 85 -15 -R: McMICKEN HEIGH :r ANNEXATION ZONING AMENDMENT April • 25, 1985 (• The numbers listed give maximum permitted densities: Table II King County Tukwila • RM 2400 • RM 900 RMH P -0 Minimum lot area 7200 7200 9600 Minimum lot area per dwelling 2400 900 1500 Lot width 60 60 60 Height 30 35* 45 35 Front Yard 20 20 ' 30 25 (15 if adjacent to a commercial district) Side Yard 5 5 10 10 Rear Yard 25 10 *The height may be increased by one foot for every and each additional foot .0 increased yard setback. E. Change of B -N (Neighborhood Business) and RM -900 to C -1 (General Commercial) Tukwila's C -1 District is a restrictive retail district, designed to serve the surrounding community and local population. Two lots, occupied by a restaurant. and a building with a hair stylist and vision clinic, are proposed to be included in the C -1 district. The following uses would also be permited: 1) Any principally permitted use in the P -0 District; 2) Artists' studios; 3) Bakery or pastry shops (retail only); 4) Banks; 5) Beauty or barber shops; 6) Bicycle repair shops; 7) Book or stationery stores; 8) Clinics, for people only; 9) Clothing or ready -to -wear stores; 10) Confectionery stores; 11) Dancing schools; 12) Drugstores; 13) Dry goods or notions stores; 14) Dyeing, dry cleaning or laundry collection offices; 15) Fix -it, radio or television repair shops; 16) Florists or gift shops; 17) Frozen food lockers for individual or family use; 18) Greenhouses or nurseries (commercial); 19) Grocery stores; 20) Hardware, fixture and appliance stores; ,. ?'..,. :...,.. ..,,.n ...,. ..,,,....... , -. ��. .., ... v:.7 ry X75;;` �7i'.". i.. c4,'.`�1��:r'?:'Jt ✓'. . Page -8- 'Planning Commission {{ 85 -15 -R: ( McMICKEN HEIGHTS ANNEXATION ZONING AMENDMENT April - 25, 1985 21) Ice cream stores; 22) Jewelry stores; 23) Launderettes, or self- service laundries; 24) Loan and finance companies; 25) Meat markets or delicatessens; 26) Music studios; 27) Office buildings; 28) Photographic studios or shops; 29) Plumbing shops (no tin work, nor outside storage); 30) Public parking lots or garages for private passenger cars; 31) Public parks and playgrounds, but not including amusement parks, golf courses, or commercial recreation; 32) Restaurants or tea rooms (excluding drive -ins); 33) Service stations not including engine or body repair work; 34) Shoe stores and shoe repair shops; 35) Tailor shops; 36) Other retail business activities of a community character such as those enumerated above and not included in any other classification. Although the King County B -N classification states that the purpose of the district is to 'serve the neighborhood rather than a community -wide market, the Tukwila C -1 district is structured to serve a neighborhood and be compatible with the residential areas. C -1 Conditional Uses include: - Cocktail lounges in association with a restaurant -Drive-in restaurants - Taverns The former B - district had a maximum height limit of 35 feet and an F.A.R. (floor area ratio) of one. The proposed C -1 district also restricts height of structures to 35 feet; however, instead of limiting floor area to one, minimum setbacks of 20 feet, 10 feet and 10 feet for front, side and rear yards respectively are required. The parking requirement for the B -N district is one space for every 200 square feet of floor area. The requirement in the C -1 district is broken down into uses, varying from one parking space for every 100 square feet for restaurants to one parking space for every 400 square feet of office or commercial space. F. Conformance A visual survey of the area acid review of available data shows that several uses and lots would become nonconforming under Tukwila zoning. .Page -9- 'P.lanning Commission r McMICKEN HEIGrITS ANNEXATION ZONING AMENDMENT April •25, 1985 Dave's Economy Repair shop located at 15826 42nd Avenue So. has been operating in a Single Family Residential neighborhood since 1978. The use has existed as a nonconforming use and would continue as one. Two lots in the residential area are nonconforming as to minimum lot size. Both would be considered legal nonconforming •lots. One lot fronts on So. 158th Street and is developed with a single family unit, the other is landlocked and undeve- loped. Six mobile home /trailers currently exist in the area. Tukwila does not permit trailers in any district except as an unclassified use. The existing mobile homes would become legal nonconforming uses and any new trailers would be prohibited. The Highline School District has a surplus elementary school facility located in the area. The school district is leasing part of the vacant land on the school site to King County for the Crestview Community Park. The structures, currently being leased to the South King County Activity Center, a private, not for profit company is operating as the Crestview Community Center. The primary purpose of the company is the training of the developmentally disabled in grounds maintenance and janitorial or food service. Additional activities occur on site to supplement operation of the center including a catering service, convention facilities, church meetings, school classes, bingo, aerobics classes, and wedding receptions. The King County zoning ordinance, Chapter 21.08.062, provides an Administrative conditional use for the reuse of nonresidential buildings which were built in the zone for permitted uses, such as public or private schools, when they are no longer needed for their intended purposes. Uses rendering governmental services or non profit social services were permitted as an administrative conditional use provided they received the approval of the zoning adjustor, meet all off - street parking, landscaping and general requirements of the zoning ordinance, and that there would be no extension, exterior modifica- tion, or expansion of the facility. All legal nonconforming lots, structures or uses in the area would be subject to the regulations of TMC 18.70. G. Stability of the District The Tukwila zoning classifications R- 1 -7.2, P -0 and C -1 are being proposed because they are the most compatible with existing development and the former King County zoning classifications. The uses and zones which surround the subject area should be unaffected by the proposal and are compatible with the proposed classifications. To the east are two Single Family residential zones R -1 -12.0 and R- 1 -7.2. The area is comprised of•single family homes and a large parcel of land dedicated for a future park. To the south, across So. 164th Street, is RS -7200 zoning and single family units. The majority of the proposed zoning along the north side of So. 164th Street is R -1 -7.2 to accomodate the existing•single family residences. .Page -10- Planning Commission 85 - - McMICKEN HEIGHT Planning ANNEXATION ZONING AMENDMENT April 25, 1985 The corner of So. 164th Street and 42nd Avenue So. is currently developed with commercial uses. The intersection of 42nd Avenue So. and So. 164th Street and Military Road is heavily devoted to commercial uses and is zoned commercial on all four corners. The proposed C -1 and P -0 'districts will be compatible with existing commercial development in the subject area and with surrounding uses. The surrounding uses include several.service. stations, a restaurant, a strip commer- cial center with grocery, drug, gift and auto parts stores, dry cleaner/ laundro- mat, and a hair salon. • To the west of the subject area are single family units up to 158th Street at which point several multiple family structures exist. The proposed single family zone, R- 1 -7.2, on the east side of 42nd Avenue South is compatible with the existing development in the subject area and with the single family units west of 42nd Avenue South. To the north of the annexed area is S.R. 518, a major boundary and effective barrier to any land uses north of the freeway. H. Compatibility with Comprehensive Land Use Plan Per the preceding amendments to the Comprehensive Land Use Map, as proposed in. 85 - 16 - CPA the .proposed zoning clasifications R- 1 -7.2, P -0 and C -1 would be in accordance with the Low Density Residential,.Office, Commercial, Public Facilities and Parks and Open Space designations on the Comprehensive Land Use Plan Map. I. Environmental A final Declaration of Nonsignificance was issued for the proposed zoning amendment. 3. Unimproved Property There are several individual parcels as well as areas of adjacent parcels that are undeveloped. In the residential areas, it would seem that due to the steep topography as well as the inaccessibility to some lots 'due to their depth addi- tional single family homes have. been precluded. The proposed R -1 -7.2 zone will not change the conditions of development, but will slichtly change setback requirements. One lot remains undeveloped in the proposed commercial zone. The proposed change would not preclude its development; however, former commercial uses allowed in the RM- 900•district would not be permitted in the P -0 district and the residential density standard would be reduced. Tukwila's maximum permitted residential den - sity, .which would be permitted on the lot, is 1500 square feet per unit. The former RM -900 and RM -2400 zones permitted 900 and 2400 square feet per unit . respectively. • CONCLUSIONS A. The proposed zoning classification is in conformity with the City's Comprehensive Land Use Policy Plan, the provisions of Title 18 of the Tukwila Municipal Code and in general will serve the public interest. Specifically, the proposed reclassification is consistent with the following goals and poli- cies of the Comprehensive Land Use Policy Plan: General goals: Goal 1 (p. 12) Goal 6 (p.. 13) Residence: Goal 1 (p. 17) Objective 1. policy 3, policy 5 (p. 46) Objective 2. policy 2 (p. 48) Commerce /Industry: Objective 1, policy 1 (p. 60) Objective 4, policy 1 (p. 65) B. The proposed classifications would be compatible with the City's Comprehensive Land Use Policy Plan as amended per 85 -16 -CPA. The amended Comprehensive Plan reflects the existing land uses in the annexed area. C. The proposed classification is in response to the annexation of new properties into Tukwila. The proposed zones are compatible with uses and zoning in the surrounding area and with existing development in the annexed areas. In addi- tion, the proposed Tukwila zones most closely approximate the former King. County zoning regulations and would appropriately classify the area on the official zoning map. PRELIMINARY RECOMMENDATION Based on the above staff recommends approval of the proposed rezone application. (PC.MCMN2) �_. -'te kiii.O■i if/ i ; '1, _ .r= 'vi - } ► V rf FORMER KING COUNTY ZONING r ss \� \\ • \ r moP P\• G\ O\\\ Thr t 17 1 3 -- rign , \ r ,L. tl . I��\ \,'J`• ,�;' 1 \ \ 1 '��T 44, i �v � I , \ pi ;tii �: et �► IG j ► 1 1 1 ii0 , 1i ( i' _--. ' . • Z 01 1 1L i I + � 1 01 ill 3 111 1 1 01 1 i t L • - V ,��► 1 10 - i fl �� 1 it L. 4 -J j l i I , �, � I i i _, .. , ; �, ^ , c l II F' L „ CMICKEN HEIGHT NEIGHBORHOOD ■ 0 Yn - e00 , �' � i ra 4 1 ;3 A 1 h' * �` \ \� \ �\ ` .v` i }} r , j ► 1 j ur I ' \I� � . 1\ 1 1 1 ` 1 l' �. i rl. �� L I ► \ ` ` � ;� t \I f ' 0 f �� ; 1 ,. x. 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No specific development or ownership patterns are shown. • J 190 .PR City of Tukwila 6200 Southcenter Boulevard Tukwila. Washington 98188 Gary L VanDusen, Mayor TUKWILA PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND PUBLIC MEETING Any and all interested persons. are invited to attend. Published: Record Chronicle, April 14,.. 1985 Distribution: Mayor City Clerk Adjacent Property Owners File • NOTICE ,IS HEREBY GIVEN that the Tukwila PLANNING COMMISSION has fixed the 25th day of'April, 8:00 p.m., in the City Council Chambers of Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, as the time and place for: PUBLIC HEARING V 85 -15 -R: McMicken Heights Annexation Rezone, requesting rezone of King County zoning classifications to Tukwila.zoning classifications: from RS -7200 to R -1 -7.2 Single Family Residential, from BN Neighborhood Business to C -1 General Commercial and from RM -900 and RM -2400 Multiple Dwelling Maximum and Medium Density to P -0 Professional and Office.for the area generally bounded by SR 518, 51st Avenue S., S. 164th Street and 42nd Avenue South. 85 -16 -CPA: McMicken Heights Comprehensive Plan Amendment, requesting amendments from low density residential and commercial to an office classification for 16234, 15228 and 1621842nd Avenue S. and 4230 S. 164th Street. PUBLIC MEETINGS DR- 03 -85: Metro ETS, requesting approval of a 96" buried forcemain pipeline and bridges over the Duwamish River. DR- 06 -85: January Leasino Company, requesting approval of a site revision of adding additional paving and /or new driveway located at 13925 Interurban Ave. So • • 21.08.060 ZONING 3144 § 5, 1977). 21.08.060 Conditional uses. In an RS zone the following conditional uses are permitted, subject to the restrictions of this section, the off - street parking requirements, landscaping requirements, and the general provisions and exceptions set forth in this title beginning with Chapter 21.46, Chapter 21.58, and the provisions of the Ring County shoreline management master program, where applicable: A. Recreational facilities, community noncommercial, including clubhouse facilities, provided: 1. Any building or structure on the site shall maintain a distance not less than twenty -five feet from any abutting R, S or G classified property. 2. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located. 3. The site shall be located upon, or have adequate access to a Dublic thoroughfare. B. Boat moorages for pleasure craft only in connection with community and noncommercial recreational facilities as set forth in this section, whether the moorage is publicly or privately owned; provided: 1. No boat sales, service, repair, boat charter or rental shall be permitted on the premises. 2. The deck of any pier shall be no more than five feet above high water level. 3. Onshore toilet facilities shall be provided. 4. Boats using such moorage facilities shall not be used as a place of residence. 5. No overhead wiring shall be permitted on piers or floats except within covered moorage structures. • 6. All covered structures over water shall abut upon the shore and be at least forty feet apart when placed side by side. When covered structures are placed end to end or side to end, one of the structures shall abut upon the shore, and the structures shall be at least fifteen feet apart. 7. No covered structures over water shall be permitted to extend out from shore a distance greater than fifty percent of the maximum permitted distance from shore of a pier on the subject premises, but in no case a distance of more than fifty feet from shore. 8. No pier, including finger piers, shall occupy more than ten percent of the water area of any lot upon which the cams is built, nor shall the total area of covered structures over water occupy more than twenty percent of the water area of such lot. 9. All covered structures over water under one ownership shall be built in a uniform manner and design and no point in the roof of such structure shall be higher than sixteen feet above high water in fresh water and no floating moorage located in fresh or tidal water shall have a structure higher than sixteen feet from the water line. 10. The roofs of covered moorage shall contain no more than seventy -two hundred square feet of area in any one unit, and such roofs shall not be supported directly by extended piling. 11. Side walls on covered structures shall not exceed fifty percent of the area of any three sides and shall be of rigid or semirigid material and shall cover from external view all roof bracing. C. Day nurseries when more than twelve children are to be cared for at one time, subject to the following provisions which the zoning adjustor may waive or modify when circumstances warrant: (King County 12 -81) 825 5 1ri� 4•AtMiLYDWELLING CLASSIFICATION 21.08.060 - 21.08.070 1. A minimum site area of 7,200 square feet is required for thirteen children, and an additional 400 square feet of site area is required for each additional child to be cared for. 2. The facility shall conform to the occupancy requirements of Chapter 8 of the uniform Building Code as adopted by Ring County. 3. Direct access to a designated and developed arterial street shall be required. 4. A minimum of one off - street parking space for each ten children cared for plus one for each employee on duty shall'be required, provided no parking shall be located within required yards. 5. Buildings, structures and landscaping shall be of a character which is appropriate for the area. 6. Outdoor play areas shall be provided with a minimum of seventy -five square feet in area for each child using the area at one time, and shall be completely enclosed by a solid barrier such as a berm, wall or fence, with no openings except for gates, and having a minimum height of six feet, to minimize visual and noise impacts and prevent trespassing on adjacent residentially classified properties. 7. play equipment shall not be located closer than twenty feat to any property lines. 8. The hours of operation may be restricted to assure compatibility with surrounding development. 9. One sign not exceeding two square feet in area is permitted. D. Seaplane hangars, provided: 1. No aircraft sales, service, repair, charter or rental shall be permitted on the premises, nor shall storage of any aircraft on the premises for such purposes be permitted. 2. Only one single - engined or twin - engined private noncommercial seaplane (excluding helicopters) shall be accommodated on the premises. 3. NO aviation fuel except that contained in the tank or tanks of the seaplane itself shall be stored on the premises. 4. Seaplane hangars shall conform to all applicable zoning and shoreline management regulations governing moorage facilities and covered boathouses. 5. No landing field or other facility for landbased aircraft shall be allowed, except as an unclassified use in conformance with Chapter 21.44. (Ord. 5674 4 3, 1981: Ord. 5570 § 2, 1981: Ord. 5002 § 2, 1980: Ord. 3144 * 6, 1977). 21.08.062 Administrative conditional uses. In an RS zone the following conditional uses only are permitted subject to the administrative approval of the zoning adjustor as set forth in Chapter 21.58, and subject to the off- street parking requirements, landscaping requirements, and the general provisions and exceptions set forth in this title beginning with Chapter 21.46, and the provisions of the King County shoreline management master program, where applicable: A. The reuse of nonresidential buildings which were built in the zone for permitted uses such as public or private schools, fire stations, libraries or recreational facilities when no longer needed for their intended purpose provided no extension, exterior modification or expansion is proposed, for the following activities: 1. Those uses enumerated in Section 21.08.060 of this chapter, subject to the conditions set forth in those sections. 2. Uses rendering governmental services, or nonprofit social services to the individual. 826 (King County 6 -82) ::1 t..t:;a:r.,cwe..n>.v INGLE - FAMILY DWELLING CLASSIFICATION 21.08.060 - 21.08.070 3. The storage of governmental records. 4. Retirement home, provided: a. The site is convenient to public transportation. b. The lot area per dwelling unit shall not be less than two thousand four hundred square feet. c. The amount of off- street parking required shall not be less than one parking space per four dwelling units. 5. Rest homes, nursing and convalescent homes, provided: a. The site is convenient to public transportation. b. The accommodations and number of persons cared for conform to applicable state and local regulations. 6. Hospitals, on school sites only, which abut an arterial street improved to xiag County standards. 7. Schools, private or parochial. 8. School administrative offices. D. Water stpr ge reservoi, tanks,. or standpipes located above ground aubjcct' to the ldinithUm staiidar rs dN £oi ii for public utility facilities in X.C.C. 21.08.070. (Ord. 5973 § 1, 1982: Ord. 5570 f 1, 1981). 1977). 21.08.070 Utilities. Public utilities shall be permitted in an RS zone as follows, subject to the provisions of the Ring County shoreline management master program where applicable, except that public utility facilities permitted by Section 21.46.140 shall not be affected by this section: A. Public utility facilities necessary for the transmission and distribution of services for the area when the facilities are located underground below the natural grade of the site: provided, however, that surface- mounted transformers, telephone terminals and metering devices less than five feet in height required in connection with underground services are permitted above ground. 8. Public utility facilities,- such as telephone exchanges, sewage or water pumping stations,' electrical distribution substations, necessary for the distribution of services, including accessory microwave transmission facilities and towers, are permitted above ground, g - business 4, offices, warehousing, storage buildings or yards, service yards, sewage c.-1,-55-,/ treatment plants or bulk gas storage or the like, subject to the following minimum standards: 1. Any equipment or structure except architectural screens and fences shall observe a setback of one foot for each one foot the equipment or structure rises above the grade, but in no case less than twenty feet from any property line. 826 -1 (Ring County 6 -82) 21.08.070 - 21.08.080 ZONING 2. When security fences are used, they shall be supplemented with base plantings of evergreen shrubs or trees, or climbing evergreen material on the fences or wood slats woven into the fence so as to minimize the industrial character of such fences. 3. An appropriate area surrounding the installation shall be landscaped and maintained with paving, shrubs and ground cover consistent with surrounding residential standards. 4. When the facility includes bulky structures such as water towers or standpipes, the landscaping shall include trees, either natural or planted, of such size as will partially screen and effectively break up the massive appearance of such structures. 5. Landscaping shall be planted according to accepted practice in good soil and maintained in good condition at all times. Landscaping shall be planted as a yard improvement at or before the time of completion of the first structure or within a reasonable time thereafter, considering weather and planting conditions. 6. The permissible sound level measured at any common property line with R, S or G classified property shall normally not exceed sixty decibels when measured on the A scale by a Type 1 or Type 2 sound level meter as specified in American National Standards Institute Specification S 1.4 -1971. 7. Site plans, elevation and landscape plans shall be submitted and approved by the Building and Land Development Division prior to the issuance of a building permit. The Building and Land Development Division may require the posting of a surety bond guaranteeing to the county the installation and improvement of the site in accordance with the approved screening and landscape plans in an amount estimated to be equal to the cost of such screening and landscaping. (Ord. 5973 § 2, 1982: Ord. 3144 § 7, 1977). 21.08.080 It area. In recognition of the variations in topographical conformation and geographical relationships of portions of King County and the advantages that can attach to living conditions, including considerations of health, safety and general welfare and the amenities of living which naturally relate to the areas devoted to residential and related purposes, there are established in the RS classification four minimum required lot areas required as set forth herein and, as to location, are identified on the zoning map by the designations RS- 15,000, RS -7200 and RS- 5,000: A. The minimum required area of a lot in an area designated as RS- 15,000 shall be fifteen thousand square feet. B. The minimum required area of a lot in an area designated as RS -9600 shall be nine thousand six hundred square feet. C. The minimum required area of a lot in an area designated as RS -7200 shall be seven thousand two hundred square feet. D. The minimum required area of a lot in an area designated as RS -5000 shall be five thousand square feet. In multiple -lot subdivisions and short subdivisions approved subsequent to the effective date of this title, the minimum lot area shall be deemed to have been met if, either: A. the average lot area, or B. the area in lots plus• the area designated for permanent open space or recreational uses divided by the total number of lots is not less than the minimum lot area requirement of the zone in which the property is located as identified on th_..zoningmap. (King County 6 -82) 827 l i �.:k 21.12.100 - 21.14.020 MEDIUM DENSITY MULTIPLE DWELLING `0 accessory buildings may be built to the rear line unless the accessory building be a garage with a vehicular entrance directly from the alley, in which case such building shall maintain a distance of not less than fifteen feet from the centerline of the alley, 5. In all cases the width of the required side yard on the side street side shall be observed. (lies. 25789 f 609, 1963). Sections: 21.14.010 21.14.020 21.14.030 21.14.040 21.14.050 21.14.060 21.14.070 21.14.080 21.14.090 21.14.100 Chapter 21.14 RM -1800 HIGH DENSITY MULTIPLE DWELLING CLASSIFICATION Purpose of classification. Permitted uses. Lot area. Lot area per dwelling unit. Lot width. Front yard. Side yards. Height. Permissible lot coverage. Placement of buildings. 21.14.010 Purpose of classification. The principal objective and purpose to be served by this classification and its application is to establish areas permitting a greater population density than is allowed in more restrictive classifications and to permit the providing of accommodations for those who desire to live in a residential atmosphere without the necessity to individually maintain a dwelling unit. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use. (Res. 25789 § 700, 1963). 21.14.020 _Permitted used In an RM -1800 zone only the following uses are permitted and as hereinafter specifically provided and allowed by this chapter, subject to the off - street parking requirements, landscaping requirements, and the general provisions and exceptions set forth in this title beginning with Chapter 21.46. A. Any use permitted in an RM -2400 zone, provided all such uses shall conform to the conditions set forth in the zone in which they are first permitted, except that for dwellings, including senior citizen apartments, the yards, open spaces and lot coverage permitted by this classification shall apply; B. Accessory uses, buildings and structures set forth in the RS classification except that where more than one dwelling unit is located on the premises private garages shall be limited to accommodating not more than two cars for each dwelling unit, and a boathouse or hangar shall be limited to accommodating not more than one private noncommercial pleasure craft for each dwelling unit on the premises; C. Boarding and lodging houses; D. Fraternity and sorority houses; E. Multiple dwelliN units; (King County 3 -82) 849 ZONING 21.14.020 - 21.14.030 F. Open air public parking areas for the parking of automobiles without monetary charge except when operated by, or for, a public parking authority, when the property upon which it is located in an RM -1800 zone abuts upon a lot zoned for B, C or M purposes whether or not an alley intervenes, provided: 1. Access to such parking lot shall be only from the business or industrial zoned property it is intended to serve, or from an alley if there be one, 2. The parking area shall be developed as required by Chapter 16.74, Off - Street Parking Plans and Specifications, and no such area shall be used for an automobile, trailer or boat sales or for the accessory storage of such vehicles; G. Rest homes, nursing and convalescent homes, provided: 1. All buildings and structures shall maintain a distance not less than twenty feet from any lot in an R zone, 2. The accommodations and number of persons cared for conform to state and local regulations pertaining thereto, 3. That the Health Department shall have approved all provisions for drainage and sanitation; H. A retirement home, provided: 1. The housing shall be for the low income elderly and shall have the necessary standards and controls to assure such continued use, or shall be owned by or limited to the use by contract with federal, state or county government, 2. The use shall be within one- quarter mile of public transportation, including van pools whether public or private, or neighborhood shopping, which shall be accessible by sidewalk or walkway, 3. The lot area per dwelling unit shall not be less than nine hundred square feet, 4. The amount of off - street parking required shall not be less than one parking space per four dwelling units; I. Signs, as follows: 1. One identification sign not exceeding two square feet in area containing the name of the occupant of the premises, 2. One single -faced identification sign not exceeding sixteen square feet in area for multiple dwellings and other permitted uses; 'provided such sign shall not be located in any required yard or open space on the premises, and if the sign is lighted, it shall be stationary and nonflashing, 3. One double -faced sign or two single -faced signs, not exceeding six square feet of area per face, pertaining only to the sale, lease or hire of only the particular building, property or premises upon which displayed; J. Uses on transitional lots one dwelling unit for each nine hundred square feet of lot area when the lot or building site upon which it is located has a side line abutting a lot or lots classified B, C or M, whether or not an alley intervenes. In no case shall the property used for such transitional use consist of more than one lot or exceed a width of ninety feet, whichever is the least, nor be used to a depth greater than the extent.to.which••the sidle property line is common with property classified for suph hea :uses,,> i K. Planned unit development as provided in Chapter, 21. 6; ;.. -. i •... • } L. Unclassified uses as provided in Chapter 21.44.1 (drd. 5830 § 4, 1 198p : Ord. 5002 § 4, 1980: Res. 35 part/), 1968: Res. 25713? § 701,..1963)).. ' ' 1 1 21.14.030 Lot area. The minimum required area of a lot-in an tim -la00 zo e ,c? , ,, >14 ! shall be seven thousand two hundred square feet; except ,..that..the area in the RM -1800 zone may be reduced to any size less than seven thousand two hundred square feet to market townhouse subdivisions or similar 850 (King County 3 -82) 21.16.010 - 21.16.020 21.16.030 21.16.040 21.16.050 21.16.060 21.16.070 21.16.080 21.16.090 21.16.100 21.16.110 21.16.020 Permitted uses. In an RM -900 zone the following uses only are permitted and as hereinafter specifically provided and allowed by this chapter, subject to the off - street parking requirements, landscaping requirements, and general provisions and exceptions set forth in this title beginning with Chapter 21.46. A. Any use permitted in an RM-1800 zone, provided all such uses shall conform to the conditions set forth in the zone in which they are first permitted except that for dwellings, senior citizen apartments, rest homes, nursing homes and convalescent homes, the yards, open spaces and lot coverage permitted by this classification shall apply; B. Accessory uses, buildings and structures as set forth in the RS classification except that where more than one dwelling unit is located on the premises private garages shall be limited to accommodating not more than two cars for each dwelling unit and a boathouse shall be limited to accommodating not more than one private noncommercial pleasure craft for each dwelling unit on the premises; C. Apartment hotels,_ D. Hospitals,, except mental and alcoholic, provided all buildings and structures shall maintain a distance of not less than forty -five feet from the property front line and not less than twenty feet from any R classified property; E. Hotels, provided: • 1. Restaurants, cocktail lounges and specialty shops are permitted accessory uses provided the floor area devoted to such uses shall not exceed twenty percent of the total floor area and entry to such uses shall be from within the main building, 2. All buildings and structures shall maintain a distance of not less than twenty feet from any lot in an R zone; F. Motels, provided: 1. Restaurants, cocktail lounges and specialty shops are permitted accessory uses provided the floor area devoted to such uses shall not exceed twenty percent of the total floor area and entry to such uses shall be from within the main building, MAXIMUM DENSITY MULTIPLE DWELLING It area. Lot area per dwelling unit. Lot width. Front yard. Side yard. Height. Permissible floor area. Permissible lot coverage. Placement of buildings. 21.16.010 Purpose of clmmaifieat1on. The principal objective and purpose to be served by this classification and its application is to establish areas permitting the maximum population density and which also permits uses other than residential, such as medical, dental and social services and shelter, all for human beings. The uses permitted in this classification relate conveniently and consistently in terms of traffic generated, demands upon public service facilities and impact upon each other. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use. (Res. 25789 1 800, 1963). (King County 3 -82) 853 ZONING 21.16.020 2. All buildings and structures shall maintain a distance of not less than twenty feet from any lot in an R zone, G. Private clubs and fraternal societies, except those the chief activity of which is a service customarily carried on as a business, provided all buildings and structures shall maintain a distance not less than twenty feet from any lot in an R zone; H. Professional offices and medical demt, 1_bRi1dingR_And clinics„as defined in this title, provided all buildings and structures shall maintain a distance not less than twenty feet from any lot in an RS, S or G zone; I. Retirement home, provided: 1. The housing shall be for the low - income elderly and shall have the necessary standards and controls to assure such continued use, or shall be owned by or limited to said use by contract with federal, state or county government, 2. The use shall be within one - quarter mile of public transportation, including vanpools whether public or private, or neighborhood shopping, which shall be accessible by sidewalk or walkway, 3. The lot area per dwelling unit shall not be less than four hundred fifty square feet, 4. The amount of off - street parking required shall not be less than one parking space per four dwelling units; J. Sanitariums, provided all buildings and structures shall maintain a distance not less than twenty feet from any lot in an R zone; K. ,Signs, as follows: ' 1. One identification sign not exceeding two square feet in area containing the name of the occupant of the premises, 2. One double -faced or one single -faced identification sign not exceeding sixteen square feet per face for multiple dwellings and other permitted structures provided such sign shall not be located in any required yard or open space on the premises, and if the sign is lighted it shall be stationary and nonflashing, 3. One double -faced sign or two single -faced signs, not exceeding six square feet of area per face, pertaining only to the sale, lease or hire of only the particular building, property or premises upon which displayed; L. Mobile home parks as provided in Chapter 21.09; M. Planned unit development as provided in Chapter 21.56; N. Unclassified uses as provided in Chapter 21.44. 0. Mortuaries, provided a conditional use permit has been granted and provided all buildings and structures shall maintain a distance not less than twenty feet from any lot in an R zone, P. Uses rendering governmental, social or personal_ Aeryjes_ � to_. the individual; business offices and banks; provided: 1. Must be located on a road developed to at least the secondary arterial standards of King County, 2. The use shall not include the sale or handling of commodities except when accessory to and incidental to the service provided, 3. All buildings and structures shall maintain a distance not less than twenty feet from any lot in an RS, S or G zone, 4. The uses do not have, within the building or on the premises, warehouse space or storage space for machinery, equipment or materials; Q. Private parking area for employees of establishments located in a B, C or M zone, provided: 854 (King County 3 -82) 21.16.020 (King County 3 - 82) 855 MAXIMUM DENSITY MULTIPLE DWELLING 1. The parking area 'serves. 3, C or M uses or directly across a street or alley from such parking area,, • 2. Access to such parking area shall only be from the business or industrial zoned property it is intended to serve, or from the alley or street which intervenes, 3. The.: parking area shall be developed as required by Chapter 16.74, Off- Street Parking. Facilities,, and no, such area'.shall be used for an .automobile, or boat sales area or for the accessory storage of such vehicles. R. Research and testing laboratories, provided: 1. Such laboratory shall be accessory to a professional office directly related to the operation and administration of the laboratory 2. The floor area devoted to such use shall not exceed one "thousand square feet, ZONING 21.16.020 - 21.16.040 3.• No radioactive substances other' than:those commonly used in the • function and operation of X -ray equipment shall be permitted .on premises, • •4. All testing and storage of materials,. supplies and equipment shall be within.enclosed buildings, 5. Noise levels from machines located in such laboratories. shall not • .exceed'eighty decibels, 6. No medical or research experimentation on live animals shall. be permitted on premises. (Ord. 5830 5, 1982 :,Ord. 5317..1 8, 1981: Ord. 50021 .5, 1980: Ord. 4337 1 1, 19791•Ord. 1995 1 1, 1974: Ord. 19361.1 1974: Ord..• 1927 1 1, .19741 Ord. 1102 11 2, 19721 .Ord. 1013 1 6, 19711 Aes. 35256 (part) , ' 19681 Ass. 30152 (part),. 1965: Rea. 25789 1 801,1.963). _21.16.034 Iot.arsa. The minimum required area of a lot in an RN-900 zone :shall be seven thousand two hundred square feet; except that the minimum:lot area in • the RM -900. zone may be reduced to any •size less than seven thousand. two hundred square feet to market. townhouse •subdivisions. or' similar, developments, provided: A. A.subdivision.or short. subdivision is submitted and. approved. pursuant: to•the provisions of Section 21.48.270 of this Title,.and B. The density of development is consistent with the lot area per dwelling unit requirements of Section 21.16.040,' • C. •The foundations of proposed structuree in subdivisions with lot areas of less than seven thousand two hundred square feet gust . be • completed before the final plat, or divisions thereof, can be approved and recorded.' (Ord.. 5552 1.10, 1981: Nes. 25789 1.802, 1963). 21.16.040 Utt arr r drelling wait. A. In an RN- 900'zons,'the lot area per dwelling unit shall not be: leas than nine hundred square feet. B. Determination of the allowable number of dwellings on a site as specified in this subsection shall be computed by dividing the ,.minimum lot area per dwelling unit required into the area of the site including all area utilized for public or private streets, except that area on the perimeter of 856 (King County 3 -82) IGHBORHOOD BUSINESS CLASSIFICATION 21.26.010 - 21.26.030 s classification. A further purpose of this classification and its application is to provide for the location of mixed commercial (i.e., retail and office) and residential use projects, for increased diversity in opportunities for desirable housing, and increased vitality of neighborhood business areas. Further, it is the purpose of this chapter to implement comprehensive plan policies and community plans which allow and encourage the development of such mixed use projects at the neighborhood scale. (Ord. 5138 S 11, 1980: Res. 25789 S 1300, 1963). 21.26.020 Permitted uses, Any of the following types of uses which can meet the following standards are permitted and allowed by this classification, subject to the limitations set forth herein: A. Any on- premises retail enterprise dispensing food or commodities (but not including automobiles, boats, trailers and heavy -duty equipment) and which may involve only incidental and limited fabrication or assembly of commodities; B. Business offices and any type of use rendering_professional services or personal services to the individual, provided: 1. The service does not involve keeping the person receiving the service overnight on the premises, 2. The service does not include selling alcoholic beverages for on- premises consumption unless accessory to restaurant, 3. The services does not involve in whole or in part the providing of recreation, recreational facilities or entertainment other than moorage for private pleasure craft, 4. The professional service does not include kennels or small animal hospitals or clinics; C. Any public utility installation __relating directly to local distribution of services including switching and transmission stations but not including warehouses, service yards or the like unless otherwise permitted by this title; D. Public off - street parking facilities, whether publicly or privately owned and operated, provided any area so used shall not be used for a vehicle, trailer or boat sales area or for the accessory storage of such vehicles; E. £harches; F. Public office buildings art galleries, museums, libraries. police and fire stations; G. Neighborhood scale m siness - residential uses _subject to a conditional use permit, and subject to the provisions and conditions governing mixed use developments in the BR -N zone. (Ord. 5138 S 12, 1980: Res. 25789 S 1301, 1963). 21.26.030 Limitations on uses. Every use locating in a B -N zone shall be subject to the following further conditions and limitations: A. All uses shall conform to the general provisions and exceptions, off - street parking requirements and loading area requirements, and landscaping requirements set forth beginning with Chapter 21.46 and all parking lots, parking areas and loading areas shall be surfaced, screened, developed and maintained as required by Chapter 16.74 of this code; B. All uses shall be conducted wholly within an entirely enclosed building except: 1. Automobile service stations, 2. Public utility installations, 3. Growing stock in connection with horticultural nurseries, whether the stock is in open ground, pots or containers, 886 (King County 12 -83) Chapter 21.08 RS :.Residential Singe Family Provides an area for single family dwellings and townhouses al urban • densities and other related uses which contribute to a complete urban residential environment. These other uses, churches, schools, libraries, etc are considered compatible with single family residential uses. , RS 5000 - Dimensional Standards , . min. lot area: 5000 sq. ft.* min. lot width: 40 feet lot coVerage: 35'perceint; 1 frontyard: 20 feet, key & transitional lots may be reduced to 15' side.yard::5 feet rear yard: 5 feet for dwelling units height: 30feet; non-residential buildings may be increased by 1' for each foot of add'I side yard to a maximum of 50 feet ;RS 7200 - .Dirrienalorial Standards. minjot area: 7200 sq.; ft.* tnin7loi width: 60 feet trent:Side & rear yards; height lot coverage same is4R5.51300:: Chapter 21.12 RM 2400;Medium Density Multiple-Dwelling Establishes areas permitting a greater population density while maintain- ing a residential environment consistent with such density. RM 2400 - Dimensional Standards min.' lOt Oita! 7290 Min: lot: Width: 60 feet lotCOVerage:50 percent side yard: 5 feet • front yard: 20 feet; key & transitional lots 15 feet rear yard: 5 feet for dwelling units lot area/dwelling unit: 2400 sq. ft height: 30 feet. Non-residential buildings and structures may be Increased by 1' for each loot of additional side yard and open space to a maximum 0150 feet • Chapter 21.16 RIWBOONlaximum Density Multiple-Dwelling/ Restricted Service Establishes areas permitting the maximum population density and also permits certain uses other than residential, e.g, medical, dental, social services, professional and business offices. RM 900 - Dimensional Services min. lot area: 7200 sq. min. lot width: 60 feet lot coverage: 60 percent for residential uses front side & rear yards: same as RM 2400 permissible floor area: two times the area dwelling units 11 the only use on the lot. lot area/dwelling unit: 900 square feet height: 35 feet. Height may be Increased l' for each additional 1' of side yard and open space. Chapter 21.26 BN Neighborhood Business Provides for shopping and limited personal service facilities to serve the everyday needs of the neighborhood. BN - Dimensional Standards id t coverage: 100 percent height: 35 feet maximum permitted floor area: not more than total lot area 01 101; does not apply to r v.° 4 1e.O' R. fib 34 ' - :"" .7 • 6- 9 • • 0 .36'-08' 4 S 89°- /5 3 2"e 627'•1 ' O 1,8 -- I Z97 11 ,30/. .90 </34.21) o 1af4 44 ye 149 7 S '34 756 b •' 9 0 5/s � o- o / �k 3 z 62 627552 . 6 2 `.57 4 9 70 ,so.S6 R • 33 °• 6�. Q• .0 • • 2 7. 19 pLL KING Nat � Izl N •, " b t � o f' 0 id.3 N. 3 70 r • ce •os W IT/1 in/ R/w OF_EQE Id 28 t - ,1,41,,, pj •k°Y1 - L__,,, / .. j i% Pt ' ciP , I.3 9 74 ./9 1313.70 - 11111111=111111111 11111114.1M111111wN1MD Nor, > ... • AU /S 8503040451 JEH:clh 2/12/84 WASHINGTON ORDINANCE NO /3 3 CITY OF TUKWILA AN ORDINANCE OF THE CITY OF TUKWILA, WASHING- TON, ANNEXING CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE MCMICKEN HEIGHTS ANNEXATION, PRO- VIDING THAT SAID ANNEXED AREA SHALL NOT BE REQUIRED TO ASSUME ANY SHARE OF THE CITY'S EXISTING INDEBTEDNESS AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on April 23, 1984, the City Council of the City of Tukwila received a petition, certified as sufficient by the King County Prosecuting Attorney, calling for an election to vote upon annexation of certain unincorporated territories contiguous to the City, and WHEREAS, the City Clerk of the City of Tukwila, upon receipt of the petition, determined that the signatures on the petition were sufficient and filed the Certificate of Sufficiency with the City Council, and WHEREAS, on July 2, 1984, which date was within sixty days of the date the Certificate of Sufficiency was filed, the City Council met and passed Resolution No. 920 approving the elec- tion method annexation and calling for an election to be held within the proposed annexation area on the question of annexation and on the question of whether all property in the area to be annexed would, upon annexation, be assessed and taxed at the same rate and on the same basis as property within the City is assessed and taxed to pay for the outstanding indebtedness of the City, and WHEREAS, pursuant to Resolution No. 920 and Chapter 35A.14 RCW, the City Clerk of the City mailed notice of the Coun- cil's action to each of the petitioners signing the petition for election and filed the approved petition with the King County Boundary Review Board and with the King County Council, and WHEREAS, the King County Boundary Review Board, at a public meeting L:lereof, waived jurisdiction over the proposed annexation, and WHEREAS, pursuant to said waiver and the vote of the King County Council, an election was held in the area proposed for annexation on February 5, 1985 with the results of said election being that the voters approved annexation to the City of Tukwila and rejected assumption of the City's outstanding indebtedness, and WHEREAS, the election returns were duly canvassed and the King County Council entered a finding as to the election results in the minutes of its February 19, 1985 meeting, a certified copy of which minutes will be transmitted, along with the certified abstract of the vote, to and filed with the City Clerk, and WHEREAS, the City Council has determined to annex the area proposed for annexation without requiring it to assume any portion of the City's existing indebtedness, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Annexation. The real property known as the McMicken Heights Annexation, more particularly described on Exhibit A attached hereto and incorporated herein by this refer- ence as if set forth in full, should be, and hereby is annexed to and made a part of the City of Tukwila. Section 2. Assumption of Indebtedness. Pursuant to the results of the annexation election, the property within the terri- tory annexed hereby shall not be required to assume, through assessments or taxes, any indebtedness, bonded or otherwise, contracted prior to or existing as of the effective date of the annexation. Said property shall be assessed and taxed at the same rate and on the same basis as property within the City to pay for any bonds issued or other debts contracted subsequent to the date of annexation. Section 3. Effective Date. This ordinance shall be in full force and effect, and the property described on Exhibit A 2 shall be deemed annexed to the City, on February 28, 1985. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this � 9 7 day of ► 1985. ATTEST /AUTHENTICATED: H C Ce� r ' Cam' ?CLERK ' MAXINE ANDERSON APPROVED AS TO FORM: r OFFICE OF THE CITY ATTORNEY F ruar ebru eb BY FILED WITH THE CITY CLER PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 1343 15, 1985 y 19, 1985 ary 22, 1985 February 28, 1985 APPROVED: MA +R, ARY L. VAN DUSEN Vo co sr rl That certain property situated in the County of King, State of Washington, described as follows: Beginning at the intersection of the Tukwila City limits and the south right -of -way margin of State Highway 518; thence westerly along said south right -of -way margin of State Highway 518 to the east right -of -way margin of 42nd Ave South; thence south along said east right -of - way margin of South 164th Street; thence east along said south right -of -way margin of South 164th Street to•the Tukwila City limits; thence northerly along said Tukwila City limits to the south right -of -way margin of State Highway 518 and to the beginning. MASTER LAND DEVELOPM c 3) CITY OF.TUKWILA Central P RECEIVED CITY of TUKW LA APR 3 1985 S C H E D U L E Man 011Fri CHANGE OF ZONING' RS -7200 RM 900 EXISTING ZONING BJ RM 2400 COMP. PLAN DESIGNATION * REQUESTED ZONING SITE IN CITY LIMITS? R-1-/.2 P -0 C -1 Possibly R -2 yes PROPO USE IF REZONE APPROVED existing uses *Single Family Residential, Commercial, Nark & Open Space, & NO11c Facilities EXISTING USE AND CLASSIFICATION OF SURROUNDING PROPERTIES: RS -72 -1800, NORTH RM1800P, RM2400 SOUTK BN & RS -7200 EAST C -2 & R -1 -12.0 WEST PM1800, RS7200, BN COMP. PLAN DES1G. Major land uS'� the north is SR518 whi Single Family, Commercial acts.as a barrier to adjacent land uses Single Family, Commercial Single Family Single family residences Single Family, Commercial CSCRIBE THE MANNER IN WHICH YOUR REQUEST FOR CHANGE OF ZONING CLASSIFICATION SATISFIES EACH OF THE FOLLOWING CRITERIA AS SPECIFIED IN TMC 18.84.030 (ATTACH ADDITIONAL SHEETS IF NECES- SARY) . 1) THE PROPOSED CHANGE IN ZONING 1S IN CONFORMANCE WITH THE CITY'S COMPREHENSIVE AND LAND USE POLICY PLAN, THE PROVISION OF THE CITY ZONING CODE AND THE PUBLIC INTEREST. RESPONSE: No, the Comprehensive Land Use Plan Map would have to be amended 2) THE PROPOSED CHANGE IN ZONING IS APPROPRIATE IN RELATIONSHIP TO THE ZONING AND USE OF SURROUNDING PROPERTIES (IN ADDITION TO THE FOLLOWING NARRATIVE, SITE AND ARCHITECTURAL DRAWINGS SHOULD BE REFERENCED). RESPONSE: Yes IF THE REQUESTED CHANGE IN ZONING 1S NOT IN AGREEMENT WITH THE COMPREHENSIVE LAND USE POLICY PLAN, THE FOLLOWING EVIDENCE IS CITED IN SUPPORT OF THE NEED FOR THE REQUESTED RECLASSIFICATION. RESPONSE: The change is requested because the uses which are existing would support new classifications and due to the annexation from unincorporated King County in Tukwila, it becomes necessary for the area to be rezoned to comply with TMC 18. ch .5- lye - IZ CITY OF TUKWILA Central Permit System ASTER LAND DEVELOPMENT APPLICATION FOR LEASE WRITE LEGIBLY OR TYPE ALL REQUES CCEPTED FOR PROCESSING. SECTION 1: GENERAL DATA TYPE OF APPLICATION: D esip 1) APPLICANT: ADDRESS 2) PROP: OWNER: NAME ADDRESS 3) PROJECT LOCATION: 5). 6) TH1S Q 5HORT PLAT CONDITIONAL USE D UNCLASS. USE NAME City of Tukwila TELEPHONE ( 206) 433 -1848 6200 Southcenter Boulevard attached (STREET ADDRESS, GEOGRAPHIC, LOT /BLOCK) SECTION 11: PROJECT INFORMATION 4) DESCRIBE BRIEFLY THE PROJECT YOU PROPOSE County zoning classifications to Tukwila zoning classification ANTICIPATED PERIOD OF CONSTRUCTION: FROM PROJECT STATISTICS: A) ACREAGE OF PROJECT SITE: B) FLOORS OF CONSTRUCTION: SITE UTILIZATION: ZONING DESIGNATION COMP. PLAN DESIGNATION BUILDING FOOTPRINT AREA LANDSCAPE AREA PAVING AREA TOTAL PARKING STALLS: - STANDARD SIZE - COMPACT SIZE - HANDICAPPED SIZE TOTAL LOADING SPACES AVER. SLOPE OF PARKING AREA AVER. SLOPE OF SITE 1S TH SITE DESIGNATED FOR SPECIAL MAP.? n YES ❑ NO SECTION 111: APPLICANT'S AFFIDAVIT SUBSCRIBED AND SWORN BEFORE ME APR 3 1985 N CITY OF TUKWILA EP 0 SUeD 1 V 1 S 1 ON DS SHORELINE E PRD D PMUD NTERURBAN NET 185(approx,,ROSs TOTAL // FLOORS TOTAL GROSS FLOOR AREA CONSIDERATION ON THE DATE X DAY OF , 19 NOTARY PUBLI': IN AND FOR THE STATE OF WASHINGTON orrinING AT 0 VARIANCE Single Family to Commercial to Public Facilities Parks & Open Space cow OF 'Mimi APR 3 1985 NUM NV LETE APPLICATIONS WILL NOT BE FT1 CHG. OF LL; ZONING TELEPHONE Rezone of recently annexed. TO WILL PROJECT BE DEVELOPED IN PHASES? OYES ONO IF YES, DESCRIBE: INCLUDES: INCLUDES: EXISTING PROPOSED RS -7200 R -1 -7.2 RM -900 P -0 RM -2400 ❑ P -0 ❑ B -N ❑ C -1 ❑ RS -7200 ❑ R -2 (Possdlble) O COMM PLAN AMENDMENT zip 98188 EASEMENTS ) ZIP Change from King BASEMENT DMEZZAN BASEMENT MEZZANINE NOTES Single Family and Office Commercial and Office same same CITY'S ENVIRONMENTAL BASE I, , BEING DULY SWORN, DECLARE THAT I AM THE CONTRACT PURCHASER CV OWNER OF THE PROPERTY INVOLVED IN THIS APPLICATION AND THAT THE FORE- GOING STATEMENTS AND ANSWERS HEREIN CONTAINED AND THE INFORMATION HEREWITH SUBM1TTED ARE IN ALL RESPECTS TRUE AND CORRECT TO THE BEST OF MY KNDWLEDGE AND BELIEF. (SIGNATURE OF CONTRACT PURCHASER OR OWNER) 5ts : 13S--i4o-C•PA mc MO&EM i4616t+Tr• tsf1J)(AT ■ lol4 mF tS16 —R 51$ )47- 5i u�F 5r 12N, 1. • dersardess 106 106 107 I 1 t 931% 44.5 :I5( I- - - - - O z -_ - - 1►+ - ./1 15642 15� v L34 Srf.a 471 1 _ _._ N 1 �AO -1I2~ -- s �.r- Q.- .._. bi .L _. . ... •! 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' . r fil" \\ \\ V r - v - L J I . ... ...„1,1 . • !A ,„,.., cm Tas - 11: rAlmi I,. cic .,,... ar o- 4Z g 0 Cr rillailairti INERIBIE Mil \ :.! niV :: Mall ' BONI V LITfi teSiszLii NO 1 ;''-- ' . cii NM M1 I i P Pi - • •\\\ k-I si'L . elbo IIN I AIM Dal E t INKM wati aka ''' ! Cc! ION I 1 mum Eadril 1 tokeigw ;la i! '\P mil 1 lila 131 dum17- lairowraa. th u-b ."''*' ' _'.. " 1 :11, it Ink MI --"-\\\ ., 7.:\ ;‘ • __..... ...... 1 L .•...7- 'f•,7 -::•`''. '' ..'\ go•CE t li 11 ' 11" mi '''' 11 , lam oto ?,.:••4 NI ' _ Ina EL •_:,,,. ,, * I . .. atiwwPmis la"s* *.:' "ft tiannl Mailed if? 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DENSIT_Y- PROFESSIONAL AND OFFICE • . . 01 „ NEIGHBORHOOD RETAIL . 7%3, 4 1 1 ■ V , 5-15-R lexcA 00614rts