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HomeMy WebLinkAboutPermit 77-29-W - SKARBO PETER - SKARBO REZONE77-29-w 16705 southcenter parkway skarbo rezone COMPREHENSIVE PLAN COMPREHENSIVE LAND USE PLAN PLANNING PARKS & RECREATION BUILDING CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT 3 August 1977 Mr. Peter Scarbo 1420 Second Avenue Seattle, Washington 98101 RE: Approved Waiver to Resolution #489 Dear Mr. Scarbo: As you know, the City Council during their regular meeting of August 1, 1977, approved your waiver request. If you wish to pursue your rezone request and development, you should have the following to us as soon as possible: 1. Rezone Application 2. One (1) Environmental Questionnaire on the rezone, building, excava- tion, and parking on your property. 3. The site plans and cross sections of your development are adequate for application purposes? I suggest you get together with Mr. Gary Crutchfield 'and start this process. Also, keep in mind that there is an eight foot setback requirement on the southern property line. You should also consider a minimal landscape area four feet wide on the north property line between your parking area. You mentioned that you wanted to apply for a variance to the eight foot setback on the south. If you wish to pursue this, you should do so at the same time as your rezone request. The variance is exempt from the State Environmental Policy Act and no environmental questionnaire is needed. I'll look forward to seeing you soon. Sincerely, 11 Stoknes' OCI Director KS /cw cc: Gary Crutchfield L.Scarbo Waiver File 6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242-2177 'TUKWILA CITY COUNCIL REGULA MEE1ING :ll iUJ L 1, 197 Page 2 ... . 7 -r'Mc rr�.ln +,� R c, AND rTI "T r1 un � rnr n . :TICNC, ..L# UNICATIONS, APPEAL, ND :,..,.L - �'„„ �.{.S - Coot:. Waiver from Res. #489 - (Slope stability) 53rd Ave. South and South 160th, Requested by Jack Anderson Cont. aiver from Res.. #489 requested by Peter Skarbo (Cont. Page 4) FIRST READING OF ORDINANCES Ordinance #1029 - Reimbursement of mileage expense Mayor Pro Tem Hill asked if anyone in the audience would like to speakii for or against this proposal. Mr. Ernie Onorati, 5102 South 163rd Place, noted that the Highline Community Plan recommends this site for single family residence and this also agrees with the latest proposed Comprehensive Land Use Plan. He recommended following these plans. It was noted that there was no one present to speak for the development Of the property. MOVED BY BOHRER, SECONDED BY MRS. PESICKA, THAT COUNCIL DEFER ANY ACTION ON THE WAIVER UNTIL AUGUST 15, 1977, TO ALLOW THE DEVELOPER TIME TO APPEAR AND DISCUSS THIS.• * Attorney Hard stated that if Council wanted to make it a fact - finding hearing, they could advertise a Public Hearing but recommended it be set for the September meeting to allow time for publication. Mayor Pro Tem Hill stated that there was a lot of discussion on this proposal at the last Committee of the Whole meeting. Mr. Anderson was not in attendnace at that meeting. Councilman Van Dusen stated that he would like all the facts before making a decision. Councilman Bohrer questioned whether the developer is serious since he has not appeared at the two scheduled meetings. Councilman Saul stated he did not feel a public hearing was necessary as it had already been discussed. Councilman Gardner stated he thought they should have a Public Hearing. * MOTION CARRIED WITH GARDNER VOTING NO. Mr. Ernie Onorati, 5102 So. 163 P1., asked if a Public Hearing will be set on this proposal at the August 15 meeting? Mayor Pro Tem Hill stated that Council has three choices - deny, approve or set a Public Hearing. Attorney Hard stated that if Council denies the waiver, under Resolutior - No. 489(ae goevelopMave the right to appeal the negative decision. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT AGENDA ITEM NO. 7B BE DEFERRED UNTIL LATER. MOTION CARRIED. Mabel Harris, City Treasurer, explained that it has been the policy of the City since 1964 to reimburse employees and Councilmembers 10 cents per mile for travel expense. At that time, an ordinance was drawn granting the Police Chief 10 cents per mile for the use of his private vehicle. The State Auditor, at that time, felt that if one employee received mileage, all should. Mrs. Harris stated that she has checked with surrounding cities and find that most now pay 15 cents per mile. MOVED BY MRS. PESICY.A, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Deputy City Attorney Hard read an ordinance of the City of Tukwila, Washington, providing for reimbursement of mileage expense. MOVED BY TRAYNOR, SECONDED BY ;IRS. PESICKA, THAT ORDINANCE NO. 1029 BE APPROVED AS READ. * ... f iUKWILA CITY COUNCIL REGULAR MEETING August 1, 1977 Page 4 RESOLUTIONS - Cont. Resolution #597 - Councilman Hill explained that it allows the City a broader use of the Authorizing purchase property. They could build a civic center or, if it_became necessary, of property for install a small police or fire station. He 'asked the Action Committee public use - Cont. to coordinate all developments with the Park Board and the OCD Director Councilman Traynor suggested contracting for gardening services rather than hire more people. Councilman Gardner asked if the Metro Sewer connection charge of $28,00( has been prorated to adjacent property owners and, how much of that doe; this property owe? Councilman Hill explained that at the time the property owner connects to the sewer, he will pay this charge. Councilman Bohrer noted Section 3 of the Settlement Agreement says 'the City agrees that full inspection of the property has been made' and he asked who made that inspection? Attorney Hard stated that this is a standard covenant in purchase of real property. He felt that someone could walk the property before the agreement is signed. Councilman Traynor asked if the property had been surveyed? Mr. Frank Alberti, property owner, stated that they had a topographic and legal boundary survey. * MOTION CARRIED. Proposed Resolution- MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THE PROPOSED RESOLUTIOf Authorizing payment BE READ. MOTION CARRIED. for participation in lawsuit - Unemployment Compensation Act (Continued nued room Page 2) Waiver from Resolution #489 - Rezone from R -1 -7.2 to C -2, Southcenter Parkway near Puget Power Substation, Requested by Peter Skarbo Attorney Hard read a resolution of the City of Tukwila, Washington, authorizing payment for participation in pending litigation against Federal Unemployment Compensation Amendments of 1976, Public Law No. 94 -566. Municipal Attorney Hard explained that the National Institute ofALaw Officers (NIMLO) has established a trust fund. They estimate it will cost between $800,000 and $1,000,000 to pay for the plaintiff's side of this lawsuit. The trust fund now has around $750,000. If the City wan to enjoy the benefit of this lawsuit, they have to be named as a party. They figured out a formula which was 5 cents per person or a minimum of $250.00. Tukwila has to pay the minimum. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE.REGULAR MEETING OF AUGUST 15, 1977. MOTION CARRIED Kjell Stoknes explained that this waiver from Resolution' #489 is to allow rezone from R -1 -7.2 to C -2 for a piece of property north of the Puget Power Substation on the west side of Southcenter Parkway. The objective is to allow the site to be added to the presently zoned C -2 parcel to the North. Staff recommends that the City Council approve th waiver request. Councilman Saul asked about excavation of the hillside. Mr. John Mahlum, Architect, explained that they are not touching the hillside. They will be excavating the gradually sloping ground up to the toe of the hillside for the first floor. They intend to leave the trees and vegetation as is on the hillside. ......•��+;:•^ - ,.• :• i Waiver . from Resolution #489 - Rezone from R -1 -7.2 to C -2, Southcenter Parkway near Puget Power Substation, Requested by Peter Skarbo -Cont. DEPARTMENT REPORTS Mayor Pro Tem Employee I.D. Cards City Attorney's MISCELLANEOUS AND Building Department Mid -Year Activity Update Noise Study Hiking Trails and Undergrounding Thorndyke Senior Center letter from Leader Corp. * MOTION CARRIED. Councilman Saul asked about sidewalks and wa's told they will provide the MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL GRANT THE WAIVER fROM RESOLUTION # 489. * Councilman Bohrer stated that he would like to see the Planning Commission and the Staff address the questions on sidewalks and set- backs on the site. Mayor Pro Tem Hill showed Council the new Employee Identification Cards and asked for their concurrence to spend $30.00 to have the cards laminated with plastic. MOVED BY VAN DUSEN, SECONDED BY SAUL, TO ALLOW $30.00 FOR LAMINATING THE I.D. CARDS WITH PLASTIC. MOTION CARRIED. Attorney Hard reported that the month of July has been a quiet month. The Parker vs. Tukwila lawsuit has been set for January 1978. The CHG matter looks like it is about to close. They are busy trying to get the purchase of the Independent Water Company finished. FURTHER AUDIENCE COMMENTS MOVED BY MRS. PESICKA, SECONDED BY VAN DUSEN, THAT A LETTER FROM AL PIEPER, BUILDING OFFICIAL, BE READ FOR THE RECORD. MOTION CARRIED. 'A total of 150 building permits have been issued the first six months of 1977. Total valuation of construction is $5,800,227. The number of permits represents an increase of 25 percent over 1976 and 50 percent over 1975. The valuation of construction represents a 140 percent increase over 1976 and a 240 percent increase over 1975. Revenue produced from code enforcement activitiy is $19,612.' Al Pieper stated that this was accomplished with the assistance and cooperation of Gary Crutchfield for plan review and approval of sign permits and Doris Phelps for secretarial duties. Councilman Hill stated that the city is lucky in having a lot of conscientious employees. Councilman Van Dusen stated that the Noise Survey done by the University of Washington will be finalized by September 1. Councilman Bohrer stated that he had hiked the new trails and they are coming along well. Further, the undergrounding seems to be going along well. The old poles and wires are coming down. Councilman Van Dusen raised a question on construction at the new Thorndyke Senior Center. The question has to do with ceiling beams that extend out into the open shed. The architect proposed cutting these off then extending the addition. It was suggested by Mr. Fred Shephard that the addition could be made without cutting the beams, thus saving money. Kjell Stoknes, OCD Director, was asked to check into this and report back to Council. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE LETTER TO JIr.i HOEL, FIRE MARSHALL, FROM LEADER CORPORATION BE READ FOR THE RECORD. MOTION CARRIE The Letter dared July 24, 1977, asked Mr. Hoel to thank all of the firemen who conducted th- training sessions on fire oxtin ui:hers in th data center. These sessions took many hours out of their day, and they were always courteous and pleasant. The letter wds signed by Mr. James Boardman, Center Manager. L:uly 25, 1977 1 7 :00 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS APPROVAL OF MINUTES DISCUSSION Prop. Ord. - Providing for reimbursement of mileage expense Prop. Waiver - Res. #489, Sec. 4.D.2(a), Slope Stability - Request of J. Anderson for property at 53rd Ave. & So. 160th op. Waiver - Res. #489 to allow rezone from R -1 -7.2 to C -2, request of P. Skarbo for property at Southcenter Pkwy. near Puget Power Substation *CARRIED. * TUKWILA CITY COU`!CIL C COMMITTEE OF THE WHC MEETINp Tuk',ila City Hall Council Chambers MINUTES Council President Hill called the Committee of the Whole Meeting to order GARDNER, TRAYNOR, HILL, SAUL, BOHRER. MOVED BY SAUL, SECONDED BY BOHRER, THE MINUTES OF THE COMMITTEE OF THE WHOLE MEETING HELD JULY 11, 1977 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY HILL, SECONDED BY SAUL, TO AMEND THE AGENDA AND CONSIDER ITEM 4, PROPOSED ORDINANCE PROVIDING FOR REIMBURSEMENT OF MILEAGE EXPENSE, AT THIS TIME. CARRIED. Mae Harris, City Treasurer, stated the proposed ordinance will reimburse City employees for the use of their private vehicles in the amount of 15 cents per mile. It has previously been paid in the amount of 10 cents The average mileage paid in surrounding cities is 15 cents per mile at the present time. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE PROVIDING FOR THE REIMBURSEMENT OF MILEAGE EXPENSE BE ON THE AGENDA OF THE AUGUST 1, 1977 REGULAR COUNCIL MEETING. * Councilman Traynor asked if the waiver is granted will Council get to see the site plans. Mr. Stoknes said they would. Councilman Saul said Councilman Bohrer asked if the City presently has an ordinance regarding the reimbursement of mileage expense. Mae Harris, Treasurer, said there is an old ordinance stating Police Chief Edward G. Boze would be reim- bursed in the amount of 10 cents per mile for use of his private automo- bile. Councilman Bohrer asked if it could be City policy to pay employee 15 cents per mile and not have to be an ordinance. Council President Hill said when the City spends money there has to be an ordinance author- izing the expenditure. Administrative Assistant John McFarland agreed. Councilman Bohrer said his concern is not with the rate of reimbursement but with the establishment of an administrative policy. Kjell Stoknes, OCD Director, explained the proposed action is the con- struction of a 130 unit apartment complex on a 3.1 acre site located at the northwest corner of South 160th and 53rd Avenue South in McMicken Heights. The present zoning is RMH (Multiple Residence High Density) which allows this type of use, but the site has been identified by staff as posing potential stability problems, thus a waiver from Resolution No. 489, Section 4.D.2(a), is required. Mr. Stoknes read the Planning Staff Report with the recommendation that Council deny the waiver and instruct applicant to apply for another waiver at such time as developmen plans are revised to reflect greater concern for the natural environment. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED WAIVER FROM RESOLUTION NO. 489, SECTION 4.D.2(a), SLOPE STABILITY, REQUESTED BY JACK ANDERSON FOR PROPERTY LOCATED AT 53RD AVENUE AND SOUTH 160TH STREET, BE ON THE AGENDA OF THE AUGUST 1, 1977 REGULAR COUNCIL MEETING. CARRIED. Mr. Stoknes, OCD Director, explained the proposed action is a waiver request to allow rezoning from R -1 -7.2 to C -2 on a parcel of property located along and west of Southcenter Parkway just north of the Puget Power Substation. The objective of the rezone is to allow the subject site to be added to presently zoned C -2 parcel to the north to allow con- struction of a 20,000 square foot retail sales building called "Skarbo's. Mr. Stoknes stated the staff recommends the City Council approve the waiver request and allow the applicant to apply for rezone. MOVED BY SAUL, SECONDED BY BOHRER, THAT THE PROPOSED WAIVER FROM RESOLU- TION NO. 489 TO ALLOW REZONE FROM R -1 -7.2 TO C -2, REQUESTED BY PETER SKARBO FOR PROPERTY LOCATED AT SOUTHCENTER PARKWAY NEAR PUGET POWER SUBSTATION BE ON THE AGENDA OF THE AUGUST 1, 1977 REGULAR COUNCIL MEETIN( IU:.:i1LM l,1I C LUUIYl.1L l.Ul`lM1I Itt Ut July 25, 1977 rage 2 DISCUSSION - Contd. Prop. Waiver - Res. #489, allow rezone from R -1 -7.2 to C -2, request of P. Skarbo - Contd. Prop. Ord. - Providing for approp. & tsfr. of funds & amending 1977 Budget Ord. #1002 Prop. Interim Zoning Controls Prop. Comprehen- sive Plan /Adop- tion - Public Hearings Prop. Res. - Authorizing purchase of park property Review of Plans for Thorndyke Senior Center C *CARRIED. John McFarland, Administrative Assistant, said the proposed ordinance was necessary in order to amend the 1977 Budget Ordinance No. 1002 to include transfer and appropriations of funds. he was especially concerned that the wooded character of the steep slop( and upland plateau be maintained and the use of vegetation in slope stal ilization be encouraged; also development on,slopes excess of 20% be discouraged. John Mahlum, architect for Skarbo, said the wooded area would be maintained and they propose to place the building primarily on the level portion of the site, leaving the steeper slope to the rear of the property relatively untouched. Some disturbance to the steeper slope will occur as a result of the activities associated with the cons truction of the first floor. Ernest Moriary, audience, asked the use o the building. Mr. Mahlum, architect, said it would be a furniture stor Councilman Bohrer asked if there would be an excatation for the parking lot. Mr. Mahlum said there will be some filling and grading associated with placement of the building. A portion of the slope on the rear of the lot will be excavated in order to place the building's.first floor below ground but the grading will be insignificant and a portion of the slope will remain in its natural condition. The parking lot will be to the north and south. Mr. Stoknes said the Council would be able to see site plans. Councilman Saul asked about sidewalks. Mr. Stoknes sa sidewalks had not been proposed, but could be part of rezone requiremen MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE PROVIDI FOR THE APPROPRIATION AND TRANSFER OF FUNDS AND AMENDING 1977 BUDGET ORDINANCE NO. 1002 BE ON THE AGENDA OF THE AUGUST 1, 1977 REGULAR COUNCIL MEETING. CARRIED. Kjell Stoknes, OCD Director, said the proposed Interim Zoning Ordinance was intended to try managing growth in the City so it would be consiste with the policies in the new comprehensive plan. He said, in meeting with the City Attorney, they felt the Interim Zoning Ordinance and the Comprehensive Plan should be adopted at the same time. He recommended a Public Hearing be held on August 15, 1977 MOVED BY TRAYNOR, SECONDED BY SAUL, THAT A PUBLIC HEARING BE HELD ON AUGUST 15, 1977 TO DISCUSS THE PROPOSED INTERIM ZONING CONTROLS ORDINAN AND PROPOSED ORDINANCE ADOPTING A NEW COMPREHENSIVE LAND USE PLAN FOR T CITY. CARRIED. Kjell Stoknes, OCD Director, recommended that in the fourth paragraph o proposed resolution the word "park" be replaced with word "municipal." It was his opinion the word "park" might be restrictive to the City. Council President Hill agreed the change in wording would be advisable. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION AUTHOR IZING PURCHASE OF PARK PROPERTY BE ON THE AGENDA OF THE AUGUST 41977 REGULAR COUNCIL MEETING. CARRIED. Don Williams, Recreation Supervisor, presented outlined plans for Thorndyke Senior Center. Drawings showed inside and outside changes to the building. He said it had been planned to accommodate those who are elderly or handicapped. The entry has been planned so those coming in will not be immediately in the center of activity. The plans have been coordinated with the Senior Ad Hoc Committee. He said there would be smoking and non - smoking areas. The architect will get an overall estin on the cost of the project. It will not include landscaping or sidewal Mr. Stoknes, OCD Director, said if the estimate comes higher than the $64,000 grant he would like authorization to go back to the Senior Citizens and get authorization to eliminate some of the design to brine cost down to amount of grant. Mr. Stoknes said it will come back to tF Council after architect's estimate has been received. It will then go out for bid. He said they would like to develop Thorndyke Center as nicely as possible with money that is available. When the estimate con back from the architect we will know if the plans are within the grant monies available. Mr. Williams, Recreation Supervisor, said 600 squarE feet would be added to the building. Council President Hill asked thai the Council be kept advised of the progress. DATE: 25 July 1977 CITY OF TUKWILA PLANNING DIVISION CITY COUNCIL STAFF REPORT COMPREHENSIVE PLAN: Existing Plan: Industrial' Emerging Plan: Commercial PROPOSED.. ACTION: WAIVER from Resolution #489 to allow REZONE from R -1 -7.2 to C -2. APPLICANT: Peter Skarbo (Mahlum agent) LOCATION: Southcenter Parkway near Puget Power Substation SIZE: 4 acre ZONING: R -1 -7.2 SUMMARY OF PROPOSAL: The proposed action is a waiver request to allow a rezoning from R -1 -7.2 to C -2 on a parcel of property located along and west of Southcenter Parkway just north of the Puget Power Substation. The objective of the rezone is to allow the subject site to be added to the presently zoned C -2 parcel to the North in order to allow the construction of a 20,000 square foot retail sales building called "Skarbo's ". Pursuant to Section 4.A of Resolution #489, the proposed action requires Council approval of a waiver before a rezone may be applied for. The following is a staff analysis of the evaluation criteria applicable to the waiver request: CRITERIA # 1: Is the proposed action consistent with the presently emerging Land Use Policy Plan? ANALYSIS: According to the emerging Land Use Plan Map, the proposed Skarbo's retail use appears to be consistent with the "commercial" land use recommended along Southcenter Parkway. Planning Division Staff Report Page 2 Certain Policies of the emerging Plan apply: NATURAL ENVIRONMENT COMMERCE /INDUSTRY ELEMENT Objective 1, Policy 1: "Maintain the wooded character of the steep slopes and upland plateau, and encourage the use of vegetation in slope stabilization." Objective 3, Policy 1: "Discourage development on slopes in excess of 20 %." With regard to the above policies, Skarbo's proposes to place the building primarily on the.level portion of the site, leaving the steeper slope to the rear of the property relatively untouched. However, some disturbance to the steeper slope will occur as a result of the regrading activities associated with the construction of the first floor. Objective 1, Policy 1: "Encourage the grouping of uses which will . mutually and economically benefit each other or provide necessary services." Objective 3, Policy 2: "Commercial uses should be located func- tionally convenient to major trafficways." Skarbo's, a furniture store, is compatible with and complementary to the type of retail activity occurring along Southcenter Parkway, a secondary arterial street as proposed on the Circulation Plan Map. CRITERIA #2: Does the proposed action represent a unique condition which is insignificant in scale and to which no other ap- parent alternatives are reasonable? ANALYSIS: The proposed action of rezoning a small 4 acre parcel which is planned for commercial use and is contiguous to land already zoned C -2 represents . both an insignificant and a unique condition. The only alternatives av- ailable under current zoning is single - family use. Under present circumstances and considering the site's location, single- family use is probably an unreasonable alternative. 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? Planning Division Staff Report Page 3 Analysis: The proposed action involves some grading and filling associated with the placement of the building. A portion of the slope on the rear of the lot will be excavated in order to place the building's first floor below ground, however, the grading appears to be insignificant and a portion of the slope is proposed to remain in its natural condition. 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 the adoption of the Land Use Policy Plan? ANALYSIS: The proposed action seems to be consistent with the policy direction of the emerging plan. Commercial land use (as in the C -2 zone) on this site appears to complement the emerging Land Use Plan Map. In addition, the scale of the proposal is insignificant, use alternatives appear to be severely restricted under current zoning, and no major policy com- mitment would be made by approval of the waiver. As such, it would appear that a special hardship would exist if a waiver was not granted. RECOMMENDATION: Based on the above analysis of criteria, staff recommends that the City Council approve the waiver request and allow the applicant to apply for a rezone from R -1 -7.2 to C -2. FS /cl V —a i ^I _ rr rrriV 11 ,1,1_1 I I Q ,. 6 l V a1 u l en CAT 1'� x ST i \ 1206 ST , ■ , T a N at' E I l NIM .. • 811■13.1 1131 a I± 1936 ST TUIKWILA CITY LIYR! CITY OF TUKWILA 6�WB A o-F bkarbas WO vex Rao,u R I-1.2 - cz elevation section a-a elevations RECEIVED, CITY OF TUKWII A JUL 7 1977 BUILDING DEPT. T. first floor plan site plan Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING Marry ret Herbounh �Pp.t.ernb.Gr.., 1977... V.P.C. Form No. 87 Notary Publ ss. being first duly sworn on oath, deposes and says that she is the Chief C1-Yrk of THE RENTON RECORD - CHRONICLE, a newspaper published four (4) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a news- paper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Renton Record - Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Washington. That the annexed is a Or 0,1, rtal?.o. 4 .. .... 1037 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 1 consecutive issues, commencing on the 22 day of . eDte11bx' , . 7 , and ending the day of ,19 , both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $50...96 which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. Chi.e • Subscribed and sworn to before me this 22 day of — Passed by the Legislature, 195S, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. 6 i .Y'.OF ;ruKV1�ILA' •. ':WASHINGTON ORDINANCE' NO 1037 • ORDINANCE RECLAS- .SIFYING (CERTAIN 'PROPERTY LOCATED ' : THE WEST SIDE OF • 'SOUTHCENTER PARK- APPROXIMATE- . `LY 1;100 FEET SOUTH OF : BOULEVARD FROM R 1 . ZONING: CLASSIFI • CATION TO C -2 ZON- •ING: CLASSIFICATION .WITHIN THE CITY OF TUKWILA. . WHEREAS; the owners of the property described In, Exhibit "A" attached hereto have petitioned the City re- questing reclassification of said • property from' R -1 • to C-2 in conformance with the Comprehensive Plan, and; ',WHEREAS, adequate en- vironmental information was submitted 'and' a 'negative declaration made by the re- sponsible official, and; • WHEREAS, a public hear- ing on said petition was held before the • Planning Corn- Mission' as required by law on August'25, 1977 which a , favorable recom -. • mendation was : made: with •. stipulations, and;, - • ;WHEREAS;: the City Cou ncil; at a regular meeting 'thereof, has considered the recommendation of - the Planning Commission and • has, concurred with said re- commendation. NOW,' THEREFORE; THE CITY COUNCIL OF THE CITY OF TUKWILA do- ORDAIN AS FOLLOWS :,; • Section _1. That thereat property locat=d on the west side of Southcenter Parkway approximately! . 1;100 feet south of Strander Boulevard, as further de- ' scribed in Exhibit "A" at- tached hereto, is hereby classified C -2 in accordance with Ordinance #251 of the .City, of Tukwila, 'as', amended, and the City Council hereby adopts the map ,attached hereto as Exhibit "B" as illustrative of the property described.: : :.:. '! Section 2.. 'This rezone • classification to C2 is beised =; upon the totlowfng`con - ", A. In the event:, that de- ' velopment'of the prop- • arty will affect that land area above :;;approxi_ :. • mate 35 feet elevation,,, • a grading and•nlciama . Lion .'plan 'consistent ;' with Chapter 70 of the Uniform Building Code ,. and a reclamation bond' posted with the. City Tukwila in an amount equal to 150°% of .the, estimated cost of recta - matiori 'be :re-' • quired prior toissuance of the Building Permit. B.' Development of the: , site `shall include, a ' pedestrian ,sidewalk of five (5)•feet in width. C. The forced main sewer ., connection, line be in -: stalled in ,accordance with City, ::Of . Tukwila .. standards, at `;the full . expense of the proper - . ty owner, and especial . connection charge be paid by, the property . . owner in accordance with chapter .14.60 (Sewer Charges) of the Tukwila :Municipal Code. . D. Operation and :mainte- nance of the pump and sewage force main shall be at the 'hill of thelowner. E. At such time 11as an L.I.D. is formed for a gravity flow sewer sys- tem serving the vicinity of this property, as shown In the Tukwila Comprehensive Sewer Plan, : the property will agree to equitably par - ticipate in such L.I.D. in accordance with Sec - tion 14.60.076 of the Tukwila'; Municipal F. A. charge in:.lieu. of assessment to be paid to the City at a rate . to be established by. the final assessment roll of L,I.D., #27. G. On site construction to : the ' height, : yard: and area restrictions' and architectural review as outlined in Sections 1 8,.32..030 18.32.040 0I the Tukw1; ; la Municipal Code..: PASSED ,BY THE CITY . COUNCIL OF THE CITY OF '; TUKWILA; WASHINGTON,: and signed by the Mayor, at .; a :regular meeting thereof this 19 day of September;:: 1977. City Cleat Approved as to form: ••• .,Lawrence E. Hard . • '•I City Attorney, Deputy . • The South 50 feet, as measured at right angles td .� and parallel with the South line, of the ,following ,de scribed property: ' That portion of the north- : west quarter of Section 26, Township 23 North, :: • 4 East, W. M. described as follows: : beginning at 'the South= .'.. west corner of said sub - division :: thence S 89 °21'31" E along the , south line, thereof 1961.64 feet to the west margin of 57th Avenue . South (Mess Brothers' Road);,. . thence• N 00 °09'22" W along said, west Margin 250.0 feet; thence:. N 89 °21'31" W 6.00 feet" 10 the west :margin of 57th Avenue South, :as widened by deed from Southcenter ' . Corporation to the City of. ;Tukwila and , the . true , Point of beginning; thence .N 89°21'31" W' 237.50 feet to the easter ly margin of ,Primary • •.State • g hw ay . N o. : .: condemed in United' States" District;: Court 'Cause No. 6010; - • thence:: N. 45°04'23"1.E 77.18 feet 'eking : said easterly , margin . to an :. aint therein; ' ' thence po .. N 45 °04'23 ";E• along said easterly mar ;gin .106.52 feet - to ; an.. :angle point therein; `. thence ' N; 23°31'36" W, '. along.said 'easterly rear-:!:,j gin 11.76 :feet; ; ` thence, S 89 °21'31" E to: the west margin of 57th. i Avenue South a distance; , 0163.37- feet;, . thence : . 00 °34'46" . E:' along said westerly mar - gin :as widened; • .20.00' eet; ` hence ` S ' 00°09'22 "r E; .: long said Westerly mar in 150.00 feet to the true int of,beginning ituate': in the : City of ukwila; County of King,; tate'of; Washington; Legat`Description of Sitar; parcel to be rezone: • <' . 'EXHIBIT "A" REZONE: R - to • (Skarbo) Published: in'the' Renton' • ";'e cord-Chronicle; _ Sep Edgar, D: ?;:: 11ber`22, •1977 T1259' • •';', .Mayor,: . . Art ereon (Please type or print) Date of Application: Name of Applicant: City: Seattle CITY OF TUKWILA APPLICATION FOR WAIVER From the Provisions of 19 July 1977 Mr. Peter Skarbo Mailing Address: 1.42,0___segsmci*._A_v ug Ownership Interest in Property: Legal Description of Property Affected: Ste, Ate ached General Location of Property: North of and adjoining to Puget Power Substation on west side of Southcenter Parkway. Zip: 9$101 1. State specifically the action in Resolution No. 489, Section 4 to which you are requesting a waiver: Section 4A __Rezone Applications 2. Describe specifically the action you are proposing, including dimensional infor- mation about the development, site maps, etc., if available: Rezone of south portion of property from R -1 -7.2 to C -2. Balance of property, and adjoining property to the north. has previously been so rezoned, Resolution Number 489 (/OF}1U Afd'ff/7ecr Zll4. 9tlGlriV014 S•tT77.E WA 88199' 283.65L6 Phone: MA 2 -0673 3. What is your justification for your request: (Please refer to items 1-4 on the cover sheet and respond to them.) Item 1. This action would be consistent with the Emerging Land Use Plan. Item 2. This action is unique in that all parties, including City Officials and previous Owner, thought the property was already fully zoned C 2. If R -1 zoning were to remain, total property would essentially be not usable for commercial development as intended by the Owners and City. Item 3. Not Applicable. Item 4. Yes. (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.): A sizeable land area north of and adjoining the Property is C -2 zoned, More than half the projerty is currently zgpgd zoning on this southerly portion was not discoxered by the_pLeviou ajowrier - the present Owner, or City Officials until last week, (Attach any other information available which substantiates your request) Date Received: 1UdM 141 Received by: Date scheduled before City Council: Action of City Council: Date of City Council Action: (for office use only) a z� wl 1 C LEGAL Ogee-S'C/,' /PT /ON TOPD6R,QPH /C NAP That portion of the northwest quarter of. Section. 26, 't'ownshin 23 North, Range 4 East, W. T' . described as follows: Beginning at the southwest corner of said subdivision; thence South 89 °21'31" East along the :ouLh line thereof 1961.64 feet to the west margin of 57th Avenue South (ides, Brothers Road); thence North 00'09'22" ' lest along said west margin 250.00 feet; thence North 89 °21'31" ,hest 6.00 feet to the went margin of 57th Avenue South, as widened by deed from Southcenter cornoration to City of Tukwila and the true point of beginning; thence continuing North 09'21'11" .lest 217.50 feet to the easterly margin of Primary State fi.ghway '1o. 3, as condemned in United States District court Cause No. 6010; thence North 45 "04'23" Fast 77.10 feet along said easterly margin to an angle point therein; thence North 12'46'41" East, along said easterly maro.in 106.52 feet to an angle point therein; 41 , `hence North 23'31'36" , along said easterly margin 129.77 feet to `-an angle point therein; thence northerly along said easterly margin along a curve to the left, the center of which bears North 70'43' 19" 'dent , having a radius of 6029.59 feet an arc distance of 631.42 feet; thence South 84 °43'19" East., along sa.i - 1 easterly margin 30.00 feet to an angle noint therein; thence North 04 °19'17" East, along said easterly margin 265.80 feet to an angle Point therein; thence North 45 °42'47" East, along said easterly margin 03.51 feet to the westerly margin of 57th Avenue South, as conveyed to the City of Ciicwila by deed recorded under Auditor's File No. 5735901, records of King County, Washington; thence South 00 °23'45" East,- along said westerly marni.n 234.43 feet; thence South 00 °34.'46" East, along said westerly margin as widened 840.79 feet; eAges thence South 00 "09'22" , along said westerly marcti.n 150.00 feet ti :o the true point of beginning. i Situate in the City of Tukwila, County of King, State of ' FILE 26304 /M///1/ . ` . / ` ASON D;r6 tSa'Ti/(LOTERR'I,440 l' VA9 j CHADWICK SURVEYING & ENGINEERING 4011 STONE WAY NORTH. SEATTLE. WASHINGTON 98103 832 -3368 OWN 4/. G'. CKD APPD