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
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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
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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
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LAW OFFICES
DERRILL T. BASTIAN
330 FIRST INTERSTATE BANK bUILUINU
3405 166TH STREET 5 W
LYNNWOOD WASHINGTON 46036
12061 775 6601
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Com & Pet Writ Certiorari
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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
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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
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LAW OFFICCi
DERRILL T. BASTIAN
330 FIRST INTCHS BANn BUILDING
3405 ItlBrn ,TREEr SW
LYNNWOOO WASHINGTON 98036
12061 775 6601
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Com & Pet Writ Certiorari
Inverse Con & Damages - 5
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LAW OFFILES
DERRILL T. BASTIAN
330 FIH61 1NIENSIATL bANK bUIIUINL.
3406 I661■ STREETS W
LYNNW000 WASHINGTON 96036
12061 775 6601
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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
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Com & Pet Writ Certiorari
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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
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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
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LAW UfFICES
DERRILL T. BASTIAN
330 TIHST INIEHSTATE BANK HUILUING
1.US IBBh, STREET ti W
LYNNWUUO WASHINOIUN YNUJO
I.UOI 77t b601
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Com & Pet Writ Certiorari
Inverse Con & Damages - 8
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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
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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
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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...
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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
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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
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Com & Pet Writ. Certiorari
Inverse Con & Damages - 11
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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'
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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
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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
•
• `
•••
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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
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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
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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).
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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:
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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
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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
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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)
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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
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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.
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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:
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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
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a'Q Iri!7111:iIJt 1r P I1
A CNEIGHBORHOOD HEIGHT
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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
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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
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This map is schematic and intended only for use as a general representation of the area.
No specific development or ownership patterns ere shown.
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MAP di-
PROPOSED TUKWILA ZONING
CMICKEN HEIGHT
NEIGHBORHOOD
5�
ip
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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.
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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
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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)
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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
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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)
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