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Home My WebLink AboutPermit 77-25-W - DICKEY - REZONE WAIVER77-25-W 4621 SOUTH 134TH STREET DICKEY WAIVER REZONE COMPREHENSIVE PLAN COMPREHENSIVE LAND USE PLAN 7:00 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS APPROVAL OF MINUTES MOVED BY MRS. PESICKA, SECONDED BY BOHRER; THAT THE MINUTES OF THE COMMITTEE OF THE WHOLE MEETING HELD JUNE 27, 1977 BE APPROVED AS PUBLISHED. MOTION CARRIED. DISCUSSION Pat J. Lowery, Crime Prevention Coordina- tor, Engraving of Name on Personal Property Letter from Recreational Equipment 4. iver from Res. #489 to allow re- zone from Uncl. to M -1. Request by Melvin E. Dickey for property located at 4621 So. 134th m ilk COMMITTEE OF THE WHOLE ME1G MINUTES Council President Hill called the Committee of the Whole Meeting to order. GARDNER, HILL, SAUL, MRS. PESICKA, VAN DUSEN, BOHRER. Council Chambers MOVED BY MRS. PESICKA, SECONDED BY BOHRER, TO AMEND THE AGENDA AND CONSIDER A REQUEST BY PATRICK J. LOWERY, CRIME PREVENTION COORDINATOF TUKWILA POLICE DEPARTMENT,'TO ADDRESS THE COUNCIL. MOTION CARRIED. Pat Lowery stated that since the City of Tukwila has an Operation Identification Program he had been given 10 engraving machines to distribute so personal property could be engraved to help prevent burglary. He said he was distributing one to each Councilman and the could return =them at the next Council meeting. He said the engravinc of one's name and the Washington Driver's License Number on personal property helps prevent theft because pawn shops, etc., are reluctant buy items so marked and it is hard for thieves to get rid of stolen items. He suggested also that valuables that cannot be engraved suer as jewelry, antiques, etc., be placed on a table and a photo be taker of them. This is also true of large pieces of furniture, such as a piano, to prove the condition of the furniture in case of fire when an insurance claim is the issue. Mayor Bauch read a letter from Recreational Equipment Company addressed to Chief John Sheets, stating they were glad to have some thing like the security kit to aid them in crime prevention. Council President Hill stated if this information could be put in the news media then the businesses could be aware of it. Councilman Saul said Pat Lowery would come to home gatherings and tell neighbor- hood groups about security devices that are available. Kjell Stoknes, OCD Director, stated the subject property was recently annexed to the City and they now wish to proceed with a rezone actior from Unclassified to M -1. He stated the property is comprised of about 1/2 acre. The staff report states it is consistent with the emerging comprehensive plan. Council President Hill asked if it woul be possible for the City to waive Resolution No. 489 contingent upon the plan as to what was going to be done with the property. If the owner plan is not followed within two years then the property would go back to unclassified. Mr. Stoknes said he thought that was a good plan and that be placed as a condition of the rezone. Council President Hill said he could not see it being rezoned just so it could be sold at a higher price. Chris Crumbaugh, Segale Company, asked if this meant the City Council would like to give approval of everything that is built in the City? Dennis Robertson, audience, said he questioned whether or not this is legal and how it would be enforced. Council President Hill said it is contractual zoning according to the City Attorney. He said if the Council is going to rezone a piece of property it must be for a reason. Councilman Pesic said an experience example was some developers came up and requested rezoning for Canyon Estates. The property was sold two or three times and suddenly there are buildings growing out of the cement. Councilman Bohrer said it was not right to develop property exactly as one wants to without thought of their neighbors and the appearance of the neighborhood. Dennis Robertson, audience, said as he under- stood it the Council would grant the waiver to Resolution No. 489 and then if the proposed development does not take place within two* years the property will go back to unclassified. Mr. Stoknes said he felt that approach is consistent with Resolution No. 489. He said Staff recommends the Council grant this waiver to authorize application for rezone with the stipulation that Staff analyze the rezone application with particular respect to Tukwila Ordinance No. 743 and the neighboring residential properties. MOVED BY BOHRER, SECONDED BY MRS. PESICKA, THAT THE WAIVER REQUEST BE ON THE AGENDA OF THE JULY 18, 1977 REGULAR COUNCIL MEETING. CARR CITY OF TUKWILA PLANNING DIVISION CITY COUNCIL STAFF REPORT DATE: 11 July 1977 PROPOSED ACTION: WAIVER from Resolution #489 (Section 4.A.) to allow REZONE from Unclassified (R -1 -12.0) to M -1. APPLICANT: Melvin E. Dickey (Contract Purchaser) LOCATION: 4621 South 134th Street SIZE: Approximately 1/2 acre ZONING: Unclassified (R -1 -12.0) COMPREHENSIVE PLAN: Existing Plan: (Unclassified) Emerging Plan: (Industrial) SUMMARY OF PROPOSAL: The applicant, contract - purchaser of the subject property, recently annexed the parcel to the City and now wishes to proceed with a rezone action from Unclassi- fied (R -1 -12.0) to M -1 (Light Industry). Rezone actions require that a waiver from Resolution #489 be granted by the City Council before Staff may accept an application; hence, this application for waiver from Section 4A of Resolution #489. Staff analysis of the four criteria are as follows: CRITERIA #1: Is the proposed action consistent with the presently emerging Land Use Policy Plan? STAFF COMMENTS: The proposed rezone would extend the existing M -1 zoning to the new corporate boundaries in this vicinity, an action which is depicted in the Preliminary Comprehensive Land Use Plan Map. Policies of the Plan which are relative to this proposal are numerous. However, the principal policies relate to juxtaposition of incompatible land uses. The properties adjacent to the west and south property lines are currently zoned SR (Suburban Residential) in King County, whereas the property adjacent to the north and east lines are classified M -1 in Tukwila. That zoning was authorized under Tukwila Ordinance #743. Planning Division Staff Report Page 2 CRITERIA #2: Does the proposed action represent a unique condition which is insignificant in scale and to which no other apparent alternatives are reasonable? STAFF COMMENTS: Although this property cannot be said to represent a unique condition, the proposed action would seem insignificant in scale in relationship to the neighboring industrially- classified property. Apparent alternatives would include zoning to a classification more compatible with the residential zone on the neighboring King County land. However, if the existing Tukwila land area is to remain classified industrial, that alternative is unreasonable. CRITERIA #3: If the request for waiver involves grading, excavation, filling, or development in geographical areas identified as having potential natural limitations for development, are mitigating measures provided? STAFF COMMENTS: The proposed action is not located in a geographical area identified as having potential natural limitations for development. CRITERIA #4: Do the requirements contained in Resolution #489 impose a special hardship to a site for which a waiver of the provisions would not necessitate a major policy commitment prior to adoption of the Land Use Policy Plan? STAFF COMMENTS: The proposed action, if processed in consideration of the surrounding properties and Tukwila Ordinance #743, would neither constitute nor necessitate a major policy commitment and denial of the waiver would impose a hardship to the reasonable use of this site. RECOMMENDATION: Staff recommends the Council grant the waiver to authorize application for rezone with the stipulation that staff analyze the rezone application with particular respect to Tukwila Ordinance #743 and the neighboring residential properties. GC /mb (Please type or print) Date of Application: Name of Applicant: CITY OF TUKWILA APPLICATION FOR WAIVER From the Provisions of Resolution Number 489 7/5/77 Melvin E. Dickey ATTACHMENT "A" Mailing Address: c/o REAL ESTATE INC. OF WA 601 Valley Street City: Seattle Zip: 98109 Phone: 285 -1541 Purchaser of property per earnest money agreement con - Ownership Interest in Property: tingent upon rezone to Light mfg. Legal Description of Property Affected: That portion of Tract 14 of Fostoria Garden. Tracts recorded in Vol. 9 of Plats, page 95, Records of King County, Washington described as follows: The Northeasterly 252, of the North - westerly 1.00 acre of the Southeasterly 1.86 acre; also the iaorthwesterTy'l t of` the 1'torthe - - • - erly .36 acre. North Westerl section of the It of Tulwila. General Location of Property: Commonly known as 4621 So. 134th located in the 1. State specifically the action in Resolution No. 489, Section 4 to which you are requesting a waiver: #A. A rezone application from the present unclassified zoning to f4 -1 Light industry. 2. Describe specifically the action you are proposing, including dimensional infor- mation about the development, site maps, etc., if available: The attached exhibit "A" indicates dimensions as well as proposed screening and landscaping. Exhibit "B" indicates present zoning of M -1 within the City of Tukwila of the surrounding property. 3. What is your justification for your request: (Please refer to items 1-4 on the cover sheet and respond to them.) This request is justifiable because the requested zoning is compatible with the surrounding area within the City of Tukwila as well as the proposed comprehensive Land Use Plan for the City of Tukwila. (attach additional sheet, if necessary) 4. What other factual evidence is relevant to your request for waiver (such as exist- ing development in the vicinity of your property, soils and geologic investiga- tions, etc.): Besides the above mentionetthpre are portions of county land in the immediate area with zoning cnmparahlp With the requested Light Mfg. Zoning. (Attach any other information available which substantiates your request) Date Received: Received by: Date scheduled before City Council: Action of City Council: Date of City Council Action: (for office use only) Legal Description That portion of Tract 14 of Fostoria Garden. Tracts 'recorded in Vol. 9 of Plats, page 95, Records of King County, Washington described as follows: The Northeasterly 252 feet of the North- westerly 1.00 acre of the Southeasterly 1.86 acre; also the Northwesterly 10 feet of the Northeasterly 119.11 feet of the Southeasterly .86 acre. 1 ' r E • 1Ii S SITE OF DICKEY WAIVER FROM SECTION 4.A. (Unclassified to M -1) , ATTACHMENT "B" CITY OF TUKWILA ZONING LEGEND R•A R•1.7.2 R•1.9.6 R•1.12.0 R•2.84 R•3 R•3.60 R•4 RMH PF C.1 C2 CPR CM M•1 M•2 RANGE ♦ EAST RANGE S EAST RESIDENTIAL• AGRICULTURAL 1 FAMILY RESIDENCE 1 FAMILY RESIDENCE 1 FAMILY RESIDENCE 2FAMILY RESIDENCE 3 FAMILY RESIDENCE 3 or4 FAMILY RESIDENCE LOW APARTMENTS MULT. RESIDENCE HIGH DENS. PUBLIC FACILITY NEIGHBORHOOD RETAIL LOCAL RETAIL PIAN'D BUS. CENTER REGIONAL INDUSTRIAL PARK LIGHT INDUSTRY HEAVY INDUSTRY 500 111111 1501 7311 411 11. £ITYSOF TUKWILA PLANNING DEPARTMENT MAY 1975 TUKWILA WASHINGTON•REVI.SIOIIS z 1 ^-' I svl i I ti.j. S • I ' [11,„ I I sEJ. 1 ''' 1 . I .. 2 I rel .,._ 7 I 6 4 1 .. V , ., R r r . • . t .. • ■■ .... 01E2 1 1 \------ --......, •• • i ..',.. sr."-\.„....... t'. Il [1 ..., '- 1: 9' ; 1 1\ I .- 1___J -.... . /04 : . .•. ...e., ,-- 20 .. , ..-. ; • .•:.... I t 'N E •F C .1C t. E:WIS PO NAT/ON ,LA/1.,f Al° 3i .....—... r — " ...-..-1 ..1 1 ,.... .... l ./ . - • MM. Ma... vi `le ' 1 \. 1 •;;'.X3f,V`5.e.,:, 11 / '? . • • e.5 k. N" • \ I 3 3 R D , • S 3 3 :1 1 , /. 7 , ) /*/ e r -.. ,., .....3 ' ..,/ 13445= 22 =34.,c,23‘c le 26 r ;L..; r$ (41.4m/ ST) . 0.80 AC: 7:L.14 0 c. 9 fr . ) .5orbC 0. CO TL. 18 -1 irar I. ..• \o/ / /"\., / • •7\ ••• / :•.21 ..,.. • .- ,./•"—\\ CAAL //1 �t� l C � J1 / C 11 OF WASHINGTON EARNEST MONEY RECEIPT : 2 06) acxxf 285 • SEATTLE, w '' "NGTON Mitt& 98109 and AGREEMENT (206) c sx 285 1541 � , Seattle Washington C. 2. , 1g City State RECEIVED FROM Melvin E. Dickey and Phyllis Dickey One Thousand and no /100 liwiigaber calcaked J1f,jtwy' DOLLARS 3 1, 000.00 ) in the form of check for $ _ —__, Cash for $ , Note for $.-4-- 1000. 0 0, due on closing_ , paid or delivered to agent as earnest moat' in part payment of the purchase price of the following described real estate in the City of County of Kin , st o Tashirigtori Commonly known as 4621 South 134th St,. • (The parties hereto authorize agent to insert over their signatures the correct legal description of the above designated property if unavailable at time of signing, or to correct the legal description entered if erroneous or incomplete.) The Northeasterly 252 feet of the Northwest 1 acre of the Southeast 1.86 acres of Lot 14 also the Northwesterly 10 feet of the Northeasterly 119.11 feet of the Southeast 0.86 acres of Lot 14, Fostoria Garden Tracts, according to plat recorded in. Volume 9 of PLATS, Page 95, in King County, Washington. TOTAL PURCHASE PRICE IS THIRTY —FIVE THOUSAND DOLLARS 435,000.00 ), payable as follows: . All cash upon closing, subject to the terms and conditions contained in the attached addendum and incorporated herein by this reference. 1. Title of Seller is to be free of encumbrances, or defects, except: None Encumbrances to be discharged by Seller may be paid out of purchase money at date of closing. 2. Seller agrees to furnish and deliver to office of escrow agent as soon as procurable a purchaser's full coverage policy of title insurance or report preliminary thereto together with a property survey by a licensed civil engineer, and Seller authorizes agent to apply at once for such title insurance and cause such survey to be made. The title policy to be issued shall contain no ex- ceptions other than those provided for in said policy form plus encumbrances or defects noted in Paragraph 1 above. Delivery of such policy or title report to the closing escrow agent shall constitute delivery to Purchaser and to Seller. If title is not insurable as above provided, Seller shall make a diligent effort to cure defects in title prior to the termination date as below described; and if Seller cannot or does not cure defects prior to said termination date, then said termination date shall be extended an additional 90 days. If Seller don not cure defects by the end of such extension, the earnest money shall be refunded and all rights of purchase terminated; provided that Purchaser may waive defects and elect to purchase and provided that said termination of rights to purchase and said election to waive defects shall not in any way change the remedies available to Purchaser for Seller's failure to deliver title as agreed. If title is so insurable and Purchaser fails or refuses to complete purchase, the only remedy of Seller shall be to declare the earnest money forfeited as liquidated damages. The agent shall not be respons- ible for delivery of title. 3. (a) If this agrement is for the conveyance of fee title, title shall be conveyed by Statutory Warranty Deed free of encumbrances or defects except those noted in Paragraph I. (b) If this agreement is for sale on real estate contract, Seller and Purchaser agree to execute a real estate contract for the balance of the purchase price on Real Estate Contract Form A 1964 currently distributed by title insurance companies. The terms of said form are herein incorporated by reference. Said contract shall provide that title be conveyed by Statutory Warranty Deed. The contract shall provide that in the event notice is required, that such notice must be given by certified or registered mail. Purchaser shall have 120 days after date of such notice to rectify said breach of contract or action and restore said contract to good standing. If said property is subject to an existing contract or mortgage not to be paid in full upon closing, Seller agrees to pay said contract or mortgage in accordance with its terms, and Seller further agrees that, in any event, Purchaser shall have the right but not the obligation to pay said contract or mortgage directly and receive credit for such payments made toward the next payment owed by Purchaser to Seller pursuant to the terms thereof. Seller agrees that when the balance due on the contract between Seller and Purchaser equals the balance due on all existing mortgages and contracts, Seller will deliver to Purchaser a Statutory Warranty Deed for the realty here sold free of encumbrances or defects except said mortgages and contracts and except those defects and encumbrances listed in Paragraph 1 above. The contract shall provide that the Seller shall place the Statutory Warranty Deed in a true escrow or collection account pending fulfillment of the real estate contract. 4. Taxes for the current year, rents, insurance, interest, mortgage reserves, water and other utilities constituting liens shall be prorated as of date of closing 5. Purchaser shall be entitled to possesion on da to of el a Ri rig 6. This offer is made subject to approval of the Seller by midnight Dec.. 2 19 76 . Purchaser agrees that written notice of acceptance given to agent by Seller shall be delivery of acceptance to Purchaser. In case of counter offer, Seller agrees that written accepta given to agent by Purchaser shall be delivery of acceptance to Seller. If the offer or counter offer is not accepted within the time specified, the agent shall refund the earnest money upon demand by Purchaser. 7. Seller recognizes that Purchaser is engaged in the real estate investment field. Seller further recognizes and hereby agrees that Purchaser, during the term of this agreement or any extensions thereof, may petition to rezone said property for commercial or other usage and Seller hereby agrees to execute all documents necessary to perfect applications for rezonings and appeals there- from and further agrees to execute any deeds or other conveyances required by the county or city as a condition of rezoning pertaining to ingress, egress or right of way. Seller hereby appoints Purchaser as his attorney in fact and authorizes Purchaser to execute such documents as may be necessary to perfect applications, appeals, dedications of right of way and plats for Seller and such documents, when executed by Purchaser, as attorney in fact, shall have the same force and effect as if Seller executed them. If this sale is contingent upon rezoning of the property sold, or any portion thereof, and the application for rezoning Is filed prior to the termination date below described, then the termination date for closing shall be extended until the rezoning application is finally approved or denied by the ultimate legislative authority and, if a judicial appeal Is taken therefrom, then until adjudication of the judicial appeal by the final court of jurisdiction. 8. The sale shall be closed in the office of such escrow agent as may be designated by agent. The sale shall be closed not later than 120 days from the date of acceptance of this offer or counter offer or of any subsequent modification thereto (whichever is later) which date shall be the termination date, unless extended as per paragraph 7. The Purchaser and Seller will, on demand, deposit in escrow with the closing agent, all instruments and monies necessary to clear title and to complete the purchase in accordance with this agreement; the cost of escrow shall be paid one -half each by Seller and Purchaser. The provisions hereof are intended to be specifically enforceable except as otherwise stated herein and shall inure to the benefit of and shall bind the parties hereto, their heirs, devisees, personal representatives, successors and assigns; Purchaser, at any time prior to closing, has the right to assign its rights and interests under this agreement without first obtaining the consent of Seller to do so. 9. There are no verbal or other agreements which modify or affect this agreement, and time i5 of the essence. Each party acknowledgfret legal righ eated by this ument and that, shnuld her ei no fully co s eef; they should consult with an, attorney before • i, • an ogre "Real E art � state, understand th n c.� o 1'j a. lfr Agent C/o 13038 Interurban So. Tukwilla, Wa 243 2030 Purchaser Address Purchaser Phone The undersigned seller on this day of De C. , 19 7 A hereby accepts and approves the above agreement and agrees to carry out all of the terms thereof and further agrees to pay a commission of Two thousand four hundred fifty - - -- Dollars ($ 2450. 00 ) to the above agent for services. In the event earnest money is forfeited, it shall be apportioned to seller and agent equally; provided the amount to agent does not exceed the agreed commission. 1 /we further ackaw. edge receipt of a true copy of this agreement, signed by both parties. e Address_ "- - j/ � «. / , . 5 - � �9 . 9 /e'4 A true copy of the fore •' ':reem, gned by the seller, i urchaser Purc Purchaser yJ day of Dr' C. ■ Purchaser (Wife) .SELLER ADDENDUM Attached to and made a part of that certain Earnest Money Receipt and Agreement dated December 2, 1976, con- cerning purchase of real property located at 4621 South 134th Street, King County, Washington. This sale and purchase is contingent upon the following: 1. Annexation to the City of Tukwila and zoned "Light Manufacturing." The purchaser agrees to bear all costs and fees related to the said annexation. Seller agrees to cooperate with purchaser for the annexation and sign all necessary documents required for said annexation. 2. If the above contingency cannot be satisfied as provided, this Earnest Money Receipt and Agreement will be considered null and void and there will be no further liability on the part of the parties hereto. • It is further agreed by the parties hereto that the purchase i price was agreed upon by allowing $5,800.00 to be allocated as the land value and $29 for the existing building "as is ". AGREED AND ACCEPTED this 2nd day of December, 1976. PURCHASER amon K. Bradley M lvin E. Dickey Li ? ALc - e Elmire N. Bradley Phyls Dickey (/ s. . c, • 7 / ti 's - • ti'• •' Q Poo. •A • • • / . o, 0 e. ' Pa % /fit A` ��,� y il �i�'oIf e�• y . . >'• r lf�1 • 766 .1...' • ..4 • oz 1 : 3 t .• • I. +; '0 t 62 'str .4 ..1 r — • 1 ..J.,„ ,„ '13 • .. ;_c-SO ;_c-SO 05 Jog's' :o•PI WC) ` r' \1� CCC �e.� I / o y I II': ` 6' = vi i • 7 V • �,. , ,, -0✓ .sue • • A. OLoo 'a \ r ! 8p0• . \ aw 4 4y� st�T r • _ o / `r • N ` ; o E tt • N C. t_ EVI<(S s. . c, • 7 / ti 's - • ti'• •' Q Poo. •A • • • / . o, 0 e. 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